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 officialbusiness in and outside of the county; (2) pay maintenance expenses in connectionwith themaintenance,use and operation of a radio by the Constable in his personal car. By recent letteryou have requested an opinion in regard to the above stated questions. We quote from your letter as follows:

"Article 6889-D of theVernon's Civil Statutes of Texas seems to authorize the CommissionersCourt to pay certain expenses for the Constablewhich 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

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to supply or pay for transportationof constablesand deDutv constables of the respective countiesand justice precincts to and from points within this State, under one of the four following subsections: "(a) Constablesand deputy constables may be furnishedadequatemotor transportation includingall expenses incidental to the upkeep and operation. "(b) Motor vehiclesmay be furnished to constablesand deputy constableswho may furnish gas and oil,-washand grease. . .fbr which gas and 011, wash and grease constables and deputy constablesmay be compensated.
. . not to exceed six cents (66) per mile.

. . . "(c) County CommissionersCourtm allow constablesand deputy constables.
. .to use and operate cars on officialbusiness 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." (Emphasisadded)
In Attorney General's Opinion No. v-1287 (1951), this office ruled, in effect, that in counties of 20,000 or more population the CommissionersCourtswere authorized, but not required to furnish or pay for transportation,and traveling expense incidental to such transportation,of constables or deputy constables on officialbusiness anywhere in the State.

Opinionv-1287 is an interpretationof Article 6889c, Vernon's Civil Statutes. This Articlewas expressly repealedby 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 expensepayments authorized.

The languageused in Article 6889d is permissive and not directory,and it is our opinion that the statuteauthorizesbut does not require the CommissionersCourts In all counties of this State to furnish adequate transportationor 1,

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.
pay constables or deputy constablesmileage expense and other Incidentalexpenses incurred in using personally owned vehicles.

Question number two asks whether the County CommissionersCourtmust or can pay maintenance costs of the operation of a radio In a constable'spersonally owned car. We are assuming that you mean a two-way radio commonly used by law enforcementofficials.

In Attorney General'sOpinion No. O-6649 (1945) this office ruled that therewas no provision in the Constitution or statutes of this State conferringupon the Commissioners Courts the power to purchase radio equipmentwith county funds for use in a constable'sprivately owned car.

In 1955 the Legislature enacted Article 688ge, Vernon's Civil Statutes,which authorizes Commissioners Courts to installand 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 statutoryprovision allowing counties of less than 10,000population 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 CommissionersCourts 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 countywith populationunder 10,000may pay, but Is not required to pay, the mileage expenses for a constableusing his personal car for official business in and outside of a county. There is no statutoryauthority for

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.;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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