Honorab$e Clyde Barton

CountyAuditor lfinkler-County Kermit, Texas
Dear Sir; opinionHo. o-4399 Rer Does the ammissioners* court have authority to pay aonstablesa mileage fee of four oents permile in addition to their regular salary paid under the Offioers* salary law, and related questions?
Your letter of recent date requesting the opinion of this &partment on the questims oontained therein reads in part as follomr

Winkler Countyhas a population of 6,176 inhabitants aocordingto the 1940 Federal oensus.

Seotion 15 of Article 3912e provides in ~rtr "Klkklsr c~un~~is operatingunder the Officers Salarg.kw by order of.the Canrmissioners' Court, sinoe the pc@lrtion of the County does not autkaatioally plaoe the CWnty subject to that Law. "Doks'theCommissiotiers Court haps authority to pay Constableshmileage fee of four oents permile in addition to their regular salary paid under the opfioera SalaryLaw? ;j ; *Does the CommissionersCourt have authority to purohatie

aumiunitiar

for ConstaUes operating'underthe Officers Salary Law?

, "Does the kmmissioners Court have authority to pay for the installation,monthly sex-ciao oharge, and toll oharges on telephoneisinstalledin the private residences of Deputy Sheriffs or Constable8operating underthe Offioera Salary La* The telephone to be used for offloial kusiness only."-. ._.

Honorable Clyde Barton, Page 2

"The Canmissioners Court in countieshaving a population of less than tmenty thousand (20,000) inhabitants,aooording to the last preceding Fed-. era1 census at the first regular meeting inJanuary of each calendaryear, may pass an order providing for ocmpensation of all county and precinct offioers on a salary basis.

. . . Inthe event such court plsses suah order they shallpay to eaoh of said distriot and county officers inmoney an annual salary +I twelve (12) equal installmentsof not less thanthWtota1 sum earned as oompensatianby said officer in the said official aapaoity for the fisoal year 1935 and not more than the maximum allowed such offioer under laws existingAugust 24, 1935.
. . .a Section 15 of Artiole 3912e, supra, provides in paktr
"In oountieswhere it shallhave been detenained that precinct officers shall be compensatedon an annual salary basis it shallbe the duty of the oamaissioners' court of~suah oountyto fix the salary allowed to suah officers. Eaoh of said offioers shall be paid inmoney an a44ual salary in twelve (12) equal installments of not less than the,,total sue _ earned as oompensation earned by him in his off%oial oapaoLI for the fisoal year 1935 and notmore than the maxima smoti allowed such officerunder laws existingAugust 24, 1935.
. . ."

~. Byvirtue~of Seotion B, Artiole 3599,Vernon'sAnnotated Civil Statutes,the sheriff or his deputieswho are oompsnsated an a salary basiswho ovm and use their automobile or automobiles~$nthe disoharge of official business are allowed four cents for eaohmile traveled in the disoharge of official business. Such smn shall oover all expenses of the maintenanoe, depreoiation,and operation of such automobile 

### or automobiles. Suchmileage shallbe reported and paid in the same manner prescribed for other allowable expensesunder the provisions of the aot. This aot does not provide four oents for eachmile traveled by a constable in the disoharge of his official business. Ws fat1 to find any statute authorising a constableon a salarybasis to rea&ve any specified amount for 8aehmile trawled in the discharge of oklcial business. Therefore,me snswsr your first question in the negatiw._ . -j -

Honorable Clyde Barton, Page 3

With reference to your seoond question,by virtue of Seation B, Article 3899, supra,we think that the commissioners9court hasthe authoritg to allow expenditures for the purchase of ammunition for oonstables operatingunder the offioers' salary law to the extent “neaessary in the proper and legal aonduot of his office,"when the provisions of said statute have been compliedwith.
In reply to your third question, it is our opinion that the statute (Article 3899), or any other statutedoes not authorizethe acmaissioners~ oourt to pay for installation,monthly service charge and toll charges on telephones installed in the private residenoe of deputy sheriffs or constablesoperating under the offioers' salary law.
Yourswry truly



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