Grover Sellers ~ 

Mr. C. G. Mendenhall 

County Auditor 

Chambers County 

Anahuac, Texas 

Dear sir: 

Opinion No. O-5898 

Re: Whether the Commissioners Court 

of Chambers County has the legal authority to expend county funds to 

construct a short wave radio station 

for the use of the Sheriff and to employ operators for such station. 

Your letter of June 14, 1944, requesting the opinion 

of this department regarding the above stated matters is as 

follows: 

“Would you kindly advise us if in your opinion 

this county has authority to construct a short wave 

radio (Police) station for the use of the Sheriff, 

and also have we the authority to employ operators 

for such a station, expending county funds therefor.” 

Chambers County has a population of 7,5l.l inhabitants 

according to the 1940 Federal Census. We are informed by the 

Comptroller’s Office ,that the county officials of said county 

ape compensated on a fee basis. Paragraph (a) ~of Article 3899, 

Vernon’s Annotated Civil Statutes, is applicable to counties 

where the county officials are compensated on a fee basis. This 

statute provides, in part, as follows: 

“*** The commissioners’ court of the county 

of the sheriff Is residence may upon the written and 

sworn application of the sheriff stating the necessity 

therefor, purchase equipment for a bureau of criminal 

identification such as camsras, finger print cards, 

inks, chemicals, microscopes, radio and laboratory 

equipment,,filing cards, filing cabinets, tear gas 

and other equipment in keeping with the system in use 

by the Department of Public Safety of this State or 

the United States Department of Justice and/or Bureau 

of Criminal Ident if icat ion. If such expenses be incurred in connection with any particular case, such 

statement shall name such case. Such expense account 

shall be subject to the audit of the county auditor, 

if any, othervise by the Commissioners1 Court; and if 

it appears that any item of such expense was not incurred by such officer or such item was not a necessary 
Mr. C. G. Mendenhall, page 2 (O-5898) 

expense of office, such item shall be by such 

auditor or court rejected, in which case the 

collections of such Item may be adjudicated in 

any court of competent jurisdiction. The amount 

of salaries paid to assistants end deputies 

shall also be clearly shown by such officer, giving the name, position, and amount paid each; 

and in no event shall any officer show any greater 

amount than actually paid any assistant or deputy. 

The amount of such expenses, together with the 

amount of salaries paid to assistants deputies 

and clerks shall be paid out of the hees earne 

by such oflicer. ***I' 

b 

3899 

Referring to the above mentioned provision of Article 

this department held in Opinion No. O-1906 that the commiss I oners' court is authorized to purchase and expend county 

funds for a radio for the sheriff's office under the ~above article . 

Specifically answering your question, you are respectfully advised that it is the opinion of this department that the 

Commissioners' Court of Chambers County is legally authorized to 

purchase and expend county funds for a short wave radio station 

for the Sheriff's Office if the Commissioners' Court determines 

that a necessity exists c herefor, and provided, of course, such 

expenditure is provided for in the county budget. It is our further opinion that the Commissionerst Court does not have authority to employ operators for such short wave radio station. In 

the event the Sheriff has an assistant or a deputy to operate 

such station, the employment of such assistant or deputy wouldhave to be authorized by the Commissioners' Court as provided by 

Article 3902, Vernon's Annotated Civil Statutes and such assistant or employee would have to be compensate Aas authorized 

by Article 3899, supra; that is such expense would have to be 

paid out of the fees earned by {he Sheriff. 

APPROVED JUN 23, 1944 Yours very truly 

/s/ Geo. C. Blackburn ATTORNEY GENERAL OF TRXAS 

(Acting) ATT0RNF.Y GENNRAL By /s/ Ardell Williams 

OF TEXAS 

APPROVED: OPINION COMMITTEE 

Ardell Williams, Assistant 

BY: BWR, CHAIRMAN 

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