Honorab$e Clyde Barton 

County Auditor 

lfinkler-County 

Kermit, Texas 

Dear Sir; opinion Ho. o-4399 

Rer Does the ammissioners* 

court have authority to 

pay aonstables a mileage 

fee of four oents per mile 

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 County has a population of 6,176 inhabitants aocordingto the 1940 Federal oensus. 

Seotion 15 of Article 3912e provides in ~rtr 

"Klkklsr c~un~~is operating under 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'the Commissiotiers Court haps authority to 

pay Constables h mileage fee of four oents per mile 

in addition to their regular salary paid under the 

opfioera Salary Law? 

;j ; 

*Does the Commissioners Court have authority to 

purohatie aumiunitiar for ConstaUes operating'under the 

Officers Salary Law? 

, 

"Does the kmmissioners Court have authority to pay 

for the installation, monthly sex-ciao oharge, and toll 

oharges on telephoneis installed in the private residences 

of Deputy Sheriffs or Constable8 operating underthe 

Offioera Salary La* The telephone to be used for offloial kusiness only." 
-. ._. 

Honorable Clyde Barton, Page 2 

"The Canmissioners Court in counties having 

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 calendar year, may pass an order providing 

for ocmpensation of all county and precinct offioers on a salary basis. . . . In the event such 

court plsses suah order they shall pay to eaoh of 

said distriot and county officers in money an annual 

salary +I twelve (12) equal installments of not less 

thanthWtota1 sum earned as oompensatian by said 

officer in the said official aapaoity for the fisoal 

year 1935 and not more than the maximum allowed such 

offioer under laws existing August 24, 1935. . . .a 

Section 15 of Artiole 3912e, supra, provides in paktr 

"In oounties where it shall have been detenained that precinct officers shall be compensated on 

an annual salary basis it shall be the duty of the 

oamaissioners' court of~suah oounty to fix the salary allowed to suah officers. Eaoh of said offioers 

shall be paid in money 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 not more than 

the maxima smoti allowed such officer under laws 

existing August 24, 1935. . . ." 

~. Byvirtue~of Seotion B, Artiole 3599, Vernon's Annotated Civil 

Statutes, the sheriff or his deputies who are oompsnsated an a salary 

basis who ovm and use their automobile or automobiles ~$n the 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 shall be reported and paid in the same 

manner prescribed for other allowable expenses under 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 constable on a salary basis 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 commissioners9 court has the 

authoritg to allow expenditures for the purchase of ammunition for 

oonstables operating under 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 complied with. 

In reply to your third question, it is our opinion that the 

statute (Article 3899), or any other statutedoes not authorize the 

acmaissioners~ oourt to pay for installation, monthly service charge 

and toll charges on telephones installed in the private residenoe 

of deputy sheriffs or constables operating under the offioers' salary law. 

Yours wry truly 

6; 

APPROVED PRB18,1S42 

~GRCVRR SEuws 

FIRST ASSISTART 

4TTORNEY GElURAL 

Al'TORUEYGEiNERbL OF TEXAS 

by s//&-dell flillimns 

Ax-dell Rllimas 

dssistmt 

AfFMVED OpXnXon Ccemittee 

py BIB Ehaixman