August 22, 1966 

Hon. William Hunter 

District Attorney 

69th Judicial District 

Dalhart, Texas 

Dear Mr. Hunter: 

Opinion No. C-743 

Re: Whether the County Commissioners Court of a 

county with population 

under 10,000 people can 

or must pay (1) mileage 

expenses for a Constable 

using his personal car 

for official business in 

and outside of the county; 

(2) pay maintenance expenses in connection with 

the maintenance, use and 

operation of a radio by 

the Constable in his 

personal car. 

By recent letter you have requested an opinion in 

regard to the above stated questions. We quote from your 

letter as follows: 

"Article 6889-D of the Vernon's Civil 

Statutes of Texas seems to authorize the 

Commissioners Court to pay certain expenses 

for the Constable which would seem to include 

the payment of mileage for the use of the 

personal car of the Constable on business. 

There is nothing in that statute referring 

to the payment of expenses Incident to the 

upkeep of a radio in such car. This statute 

seems to permit but not require the Commlssloners Court to pay such expense." 

Article 6889d, Vernon's Civil Statutes, was orlginally enacted in 1953 and amended in 1961 and Is quoted, in 

part, as follows: 

"Section 1. The County Commissioners 

Courts of this State are hereby authorized 

-3583- 
Hon. William Hunter, page 2 (C-743) 

to supply or pay for transportation of 

constables and deDutv constables of the 

respective counties and justice precincts 

to and from points within this State, under 

one of the four following subsections: 

"(a) Constables and deputy constables 

may be furnished adequate motor transportation 

including all expenses incidental to the upkeep and operation. 

"(b) Motor vehicles may be furnished to 

constables and deputy constables who may furnish gas and oil,-wash and grease. . .fbr 

which gas and 011, wash and grease constables 

and deputy constables may be compensated. . . 

not to exceed six cents (66) per mile. . . . 

"(c) County Commissioners Court m 

allow constables and deputy constables. . .to 

use and operate cars on official business 

personally owned by them for which such officers 

may be paid not less than eight cents (8#) per 

mile nor more than fifteen cents (15#) for each 

mile traveled in the performance of official 

duties of their office." (Emphasis added) 

In Attorney General's Opinion No. v-1287 (1951), 

this office ruled, in effect, that in counties of 20,000 or 

more population the Commissioners Courts were authorized, 

but not required to furnish or pay for transportation, and 

traveling expense incidental to such transportation, of 

constables or deputy constables on official business anywhere in the State. 

Opinion v-1287 is an interpretation of Article 

6889c, Vernon's Civil Statutes. This Article was expressly 

repealed by Article 6889d, Vernon's Civil Statutes, in the 

1961 amendment. The language of the two articles is identlca 

except for the population limitation &irt. 688927 and the 

amount of expense payments authorized. 

The language used in Article 6889d is permissive 

and not directory, and it is our opinion that the statute authorizes but does not require the Commissioners Courts In all 

counties of this State to furnish adequate transportation or 

1, 

-3584- 
Hon. William Hunter, page 3 (C-7439 

. 

pay constables or deputy constables mileage expense and 

other Incidental expenses incurred in using personally 

owned vehicles. 

Question number two asks whether the County 

Commissioners Court must or can pay maintenance costs of 

the operation of a radio In a constable's personally owned 

car. We are assuming that you mean a two-way radio commonly 

used by law enforcement officials. 

In Attorney General's Opinion No. O-6649 (1945) 

this office ruled that there was no provision in the Constitution or statutes of this State conferring upon the Commissioners Courts the power to purchase radio equipment with 

county funds for use in a constable's privately owned car. 

In 1955 the Legislature enacted Article 688ge, 

Vernon's Civil Statutes, which authorizes Commissioners 

Courts to install and maintain two-way radios in constables' 

or deputy constables' cars whether personally owned or not, 

but the Act is restricted to counties of 600,000 or more 

population. 

There is no present express statutory provision 

allowing counties of less than 10,000 population to provide 

for purchase or maintenance of two-way radios in constables' 

or deputy constables' cars. 

It is our opinion that Article 6889d, Vernon's 

Civil Statutes, does not confer upon Commissioners Courts 

of counties of this State the authority to purchase or 

maintain two-way radios In constables' or deputy constables' 

cars. 

_------ SUMMARY 

Under the provisions of Article 6889d, 

Vernon's Civil Statutes, the Commissioners 

Court of a county with population under 

10,000 may pay, but Is not required to pay, 

the mileage expenses for a constable using 

his personal car for official business in 

and outside of a county. 

There is no statutory authority for 

-3585- 
Hon. William Hunter, Page 4 (C-743) 

.;Commissioners Courts of a county with population under 10,000 to purchase or mainr taln ".t+&way radio In a constable's 

,:, _,,,“. i, ,... b.--~-~‘pePso~~l car. 

Very truly yours, 

WAGGONER CARR 

Attorney General of Texas 

JCMcC:sck 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

John Reeves 

Malcolm Quick 

Ralph Rash 

Gordon Cass 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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