Grover Sellers~

Mr. C. G. Mendenhall County Auditor Chambers County Anahuac,Texas

Dear sir: OpinionNo. O-5898 Re: Whether the Commissioners Court of Chambers County has the legal authority to expend county funds to constructa shortwave radio station for the use of the Sheriff and to employ operators for such station.

Your letter of June 14, 1944, requestingthe opinion of this departmentregarding the above stated matters is as follows:

“Would you kindly advise us if in your opinion this county has authorityto constructa shortwave radio (Police) station for the use of the Sheriff, and also have we the authorityto employ operators for such a station,expending county funds therefor.”

Chambers County has a populationof 7,5l.l inhabitants accordingto the 1940 Federal Census. We are informedby the Comptroller’s

Office ,that

the county officialsof said county ape compensatedon a fee basis. Paragraph (a) ~ofArticle 3899, Vernon’s AnnotatedCivil Statutes, is applicableto counties where the county officials are compensatedon a fee basis. This statuteprovides, in part, as follows:

“*** The commissioners’ court of the county of the sheriff

Is residencemay upon the written and

sworn applicationof 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 Departmentof Justice and/or Bureau of Criminal Ident

if icat ion. If such expenses be incurred in connection with any particularcase, such statement shall name such case. Such expense account shall be subject to the audit of the county auditor, if any, otherviseby 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 necessaryMr. C. G. Mendenhall, page 2 (O-5898)

expense of office, such item shall be by such auditor or court rejected, in which case the collectionsof such Item may be adjudicatedin any court of competent jurisdiction. The amount of salariespaid to assistantsend 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 actuallypaid any assistant or deputy. The amount of such expenses, togetherwith the amount of salariespaid to assistants deputies and clerks shall be paid out of the hees earne by such oflicer. ***I' b

3899 Referring to the above mentionedprovision of Article this departmentheld in OpinionNo. O-1906 that the commiss oners' I court is authorizedto purchase and expend county funds for a radio for the sheriff'soffice under the ~abovearticle

. Specifically answeringyour question,you are respectfully advised that it is the opinion of this departmentthat the Commissioners'

Court of Chambers County is legally authorizedto 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 Sheriffhas an assistant or a deputy to operate such station,the employmentof such assistant or deputy wouldhave to be authorized by the Commissioners' Court as provided by Article 3902, Vernon's AnnotatedCivil Statutes and such assistant or employeewould have to be compensate A as authorized by Article 3899, supra; that is such expensewould have to be paid out of the fees earned by {he Sheriff.

APPROVEDJUN 23, 1944 Yours very truly /s/ Geo. C. Blackburn ATTORNEYGENERAL OF TRXAS (Acting)ATT0RNF.Y

GENNRAL By /s/ Ardell Williams OF TEXAS APPROVED:OPINION COMMITTEE Ardell Williams,Assistant

BY: BWR, CHAIRMAN

A&EP:wb