Hon. H. A. Hodges 

County Auditor 

Williamson County 

Georgetown, Texas 

Dear Sir: iEini,on No. O-1445 

: When the sheriff makes a trip 

to serve a process, either 

civil or criminal, and fails 

to locate the person.on whom 

the process is to be served, 

is he entitled to the &! per 

mile as set out in Article 

3899(b)? 

Your request for our opinion on the above stated question has 

been received by this department. 

Article 3899(b), kevised Civil Statutes, regarding certain 

officers who receive a salary as compensation for their 

services, reads in part as follows,: 

II . . ..The Commissioners' Court of the county of the sheriff's 

residence may, upon the written and sworn application of such 

officer, stating the necessity therefor, allow one or more 

automobiles to be used by the Sheriff in the discharge of 

official business, which, if purchased by the county shall be 

bought in the manner prescribed by law for the purchase of 

supplies and paid for out of the general fund of the county 

and they shall be reported and paid in the same manner as 

herein provided for other expenses. 

"Where the automobile or automobiles are owned by the Sheriff 

or his Deputies, they shall be allowed four (44) cents for 

each mile traveled in the discharge of official.business, which 

sum shall cover all expenses of the_maintenance, depreciation 

and operation of such automobile. such mileage shall be reported and paid in the same manner prescribed-for other allowable expenses under the provisions of this section. No automobile shall be allowed for any Deput Sheriff except those 

-regularly employed in outside work. f tshall be the duty of 

the County Auditor, if any, otherwise.the commissioners' 

court, to check the speedometer reading of each of safdautomobiles, owned by. the county once each month and to keep a 
Hon. H. A. Hodges, Page 2, O-1445 

public record thereof; no automobile owned by the county 

shall be used for any private purpose...." 

Our statutes specifically provide certain-fees for mileage 

that a sheriff is entitled to receive when serving both civil 

and criminal process when such service is actually made; 

however, this department has repeatedly held that a sheriff 

cannot legally charge fees for mileage traveled in attempting 

to serve civil or criminal process, meaning those fees provided by statute for serving such process. 

Referring to Article 3899, Section (b), supra, we quote from 

an opinion written by Hon. Joe J. Alsup, Assistant Attorney 

General, addressed to Hon. J. A. Belger, County Auditor, 

Travis County, Austin, Texas, January 13, 1936, as follows: 

"Under the terms of said law we think it is evident that such 

mileage must be considered as an expense and not as a fee. 

A fee is somewhat a remuneration for services rendered while 

the four (44) cents per mile spoken of herein is mere in the 

form of remuneration for money expended. We, therefore, 

conclude that the same could in no wise be~.considered a fee." 

You are respectfully advised that it is the opinion of this 

department that when a sheriff is acting in good faith and 

receives a salary as compensation for his services he should 

be paid the sum of four (44) cents for each mile traveled 

by automobile while attempting to serve either civil or 

criminal process upon the person whom the process is to be 

served although ,the sheriff fails to serve such process, 

provided the automobile is owned by the sheriff.. 

Trusting that the foregoing answers your inquiry, we remain 

AW:AW/cg 

APPRovm SEPTEMBER 23, 1939 

s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

s/ Ardell Williams, 

By .', 

Ardell Williams 

A~ssistant 

Approved Opinion Committee 

BY m, Chairman