AYTORNEY 

### GENERAL

OFTEXAS

Hon. Frank R. Nye;Jr. Opl.nion No. S-44 County AttorneyStarr County Rio Grande City, Texas

Dear Sir: Re: Maximum compensation and expense allowance of county commlssioners of Starr County.

You have requested an opinion on themaximum compensati'on

and travel expense allowance of the county commissioners of Starr County.

Starr County has a population of 

### 13,948and has a tax valuation (accordingto the 1952 tax rolls) of $29,301,145and had a tax valuation In 

### 1948 (1947 tax rolls) of $17,330,030.

The compensation 0;: t!?ecounty commj.ssloners iu governed by the provisl,ons of Articles 2350 and 39l2g, Vernon's Civil Statutes. "rt-!cle 

### 2.350 provides for a~ base compensation of the county commissionersof Starr 'County of $3000. Article 39l2g‘a~uthorizes an increase in compensation "inan additional amount not to exceed 25s of the sum allowed under the law for the flscnl year of 

### 194?." The sum sllotied under the law for the fiscal year 1948 to the county commissionersof Starr County was $2500. ,Jrticle2350, V.C.S.; Att'y Gen. Op.V-1140 

### (1951). Consequently, Article 3912g authorizes an Increase In an amount not to exceed $625 (257; of $2500); and the maximum compensation of the county commissionersof Starr County is 

### $3625 ($3000plus $625). We po.lntout, however, that Section 1 of Article 39121: provides that the commlssioners'courtmay not raise the salaries of any of the members of the commissioners' court "underthe terms of thl~s Act without raising the salary o; the remaining county officials inllke proportion.

Your second question concerns the maximum travel expense allowancewhich the commissioners in your countymay receive.Hon. Frank R. Nye, Jr., page 2 (S-44)

Article 2350(c),V.C,S., originally enacted In 1941 and last amended In 1949, authorizes thepayment of traveling expenses not to exceed fourcents per mile to county commissionersacting as road commissioners in certain counties (presently including Starr County) for travel in the discharge of their duties as road commissioners. Reimbursement. under this statute is limited to travel in the performance of these specificduties.

Article 2350(7),V.C.S., enacted In 1943, permits an allowance of not more than $25 per month to each county commissioner in countieshaving a populationunder 25,200 for travelwithin the county. Article 2350n,V.C.S. (?cts 52nd Leg., 1951, ch. 456) also authorizes the payment of traveling expenses of members,of the commissioners'court while on official businesswithin the county, the maximum amount being fixed according to population of the county.;: For counties having a populationunder 21,500, the maximum amount whichmay be allowed each member is $50 per month. Section 4 of this statute states that its provisions shall apply only to th;se counties not furnishingan automobile, truck, or by othermeans providing for the traveling expenses of its commissionersq"
Since Article 2350n was enacted after Article 2350(7), it has supersededArticle 2350(7) in fixing the maximum travel allowance to commissionersunless the quoted languagehas the effect of excluding counties under 25,200 from the terms of :Artlcle 2350n.

This officehas heretofore considered the meaning of the quoted language In OpinionV-1277 (1951)and In letter opinions to Hon. J. C. Patterson,County Ati;orney of Knox County, dated March 5, 1952, and to Hon. J. Taylor Brite, County Attorney of RtascosaCounty, dated June 13, 1952. In the latter two letter opinions Itwas held that Article 2350n was applicable only to those countiesnot previously authorized to allow the county commissioners traveling expensewithin the county and that commissioners in countieshaving a population under 25,200were limitedby Article 2350(7) to $25 per month for travelwithin the county.

Upon a reconsideration of these opinions,we have.concluded that this holding is too broad. We believe Section 4 of Article 2350n was intended to meanHon. Frank R. Nye, Jr., page 3 (S-44)

only that c&nmlssJ.oners who were being furnisheda vehicle by the county or who were actually being reimbursed for travel within the county under some other statute could not be granted, in addition, a travel nllo,,vance

under Article 235On. The fact that
some prj.orstatutemerely permitted commissionersto receive a travel allowance would not preclude them from be-i.ng

granted an allowance in accordancewith Article 2350n if’

theywere not in fact receiving other reimbursement for travelwlth1.nthe county during the same period of time.

We thereforehold that the county commissioners of Starr County may each be allowed :g maximum of $50 per month for offici.al travelwithin the county If they will not be receivingpay for travel expenses under 4rticle 2350(6) or Article’2350(7),or will not be using n vehicle furnishedby the county or be receiving reimbursement for travel. within the county under some other’statutewhich has escaped our attention.

SUMMARY

The county commissioners of Starr County, which has a population o.P1.3,#8,may each be allowed a maximum of $50 per month under firticle 2350n,V.C.S., for traveling expenseswithin the county if during the sameperiod of time they are not being furnished a vehicle by the county or are,not actually receiving pay~for traveling ex enseswithin,the county underArticle 2.350(7 P or some other statute. (This opini&v~%&~es prior holdings in letter opinionsdated March 5, 1952, and June 13, 1952. )

Yours very truly,

JOHN BEN SHEPPERD ,It.torney

General

APPROVRD:

Robert S. TrottI FSrst hBs-i.stiant

John Ben Shepperd ?ttorneyGeneral epm2ady
BY Mary K, Wall

Assistant

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