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 the maximum 

compensati'on and travel expense allowance of the 

county commissioners of Starr County. 

Starr County has a population of 13,948 and 

has a tax valuation (according to the 1952 tax rolls) 

of $29,301,145 and had a tax valuation In 1948 (1947 

tax rolls) of $17,330,030. 

The compensation 0;: t!?e county 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 commissioners of Starr 

'County of $3000. Article 39l2g‘a~uthorizes an increase 

in compensation "in an 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 commissioners of Starr 

County was $2500. ,Jrticle 2350, 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 

commissioners of Starr County is $3625 ($3000 plus $625). 

We po.lnt out, however, that Section 1 of Article 39121: 

provides that the commlssioners' court may not raise 

the salaries of any of the members of the commissioners' 

court "under the terms of thl~s Act without raising the 

salary o; the remaining county officials inllke proportion. 

Your second question concerns the maximum 

travel expense allowance which the commissioners in 

your county may 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Article 2350(c), V.C,S., originally enacted 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 the payment of traveling expenses not to exceed four cents 

per mile to county commissioners acting 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 specific duties. 

Article 2350(7), V.C.S., enacted In 1943, 

permits an allowance of not more than $25 per month 

to each county commissioner in counties having a population under 25,200 for travel within 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 

business within the county, the maximum amount being 

fixed according to population of the county.;: For 

counties having a population under 21,500, the maximum 

amount which may 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 

furnishing an automobile, truck, or by other means 

providing for the traveling expenses of its commissioners q " 

Since Article 2350n was enacted after Article 

2350(7), it has superseded Article 2350(7) in fixing 

the maximum travel allowance to commissioners unless 

the quoted language has the effect of excluding counties 

under 25,200 from the terms of :Artlcle 2350n. 

This office has heretofore considered the meaning of the quoted language In Opinion V-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 Rtascosa County, 

dated June 13, 1952. In the latter two letter opinions 

It was held that Article 2350n was applicable only to 

those counties not previously authorized to allow the 

county commissioners traveling expense within the county 

and that commissioners in counties having a population 

under 25,200 were limited by Article 2350(7) to $25 

per month for travel within 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 mean 
Hon. Frank R. Nye, Jr., page 3 (S-44) 

only that c&nmlssJ.oners who were being furnished a 

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.or statute merely permitted commissioners to 

receive a travel allowance would not preclude them 

from be-i.ng granted an allowance in accordance with 

Article 2350n if’ they were not in fact receiving 

other reimbursement for travel wlth1.n the county 

during the same period of time. 

We therefore hold that the county commissioners of Starr County may each be allowed :g maximum of 

$50 per month for offici.al travel within the county If 

they will not be receiving pay for travel expenses 

under 4rticle 2350(6) or Article’2350(7), or will not 

be using n vehicle furnished by the county or be receiving reimbursement for travel. within the county 

under some other’statute which has escaped our attention. 

SUMMARY 

The county commissioners of Starr County, 

which has a population o.P 1.3,#8, may each be 

allowed a maximum of $50 per month under firticle 2350n, V.C.S., for traveling expenses within the county if during the same period of 

time they are not being furnished a vehicle 

by the county or are,not actually receiving 

pay~for traveling ex enses within,the county 

under Article 2.350(7 P or some other 

statute. (This opini&v~%&~es prior holdings in letter opinions dated 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 

?ttorney General 

epm2ady 

BY 

Mary K, Wall 

Assistant 

MKW:ba