# TheAttorney General ofTexas April 20. 1904 JIMMATTOX **Attorney General** 

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**An Equal** **Oppcdunllyl Attlr,** **“ .tW**  **Acllon Empiovr**  Mr. Roylierria CountyAuditor Gregg County Courthouse Longview. Texas 75606 @htioD NO. JM-148
Re: Whether article 23500. V.T.C.S., relating to car allowances for membersof the commissioners court was repealed by article 3912k. V.T.C.S.

**Dear Mr.**  **Harris:**
You **have** requested our opinion regarding the Interpretation of articlea 23500 and 3912k. V.T.C.S., both of which pertain to expense allovancea for county officials. Article 23500 provides **that** for counties of the population of Gregg County. **each member**  of the commissioners court is entitled to $100 per month for “traveling expenses and depreciation onhis automobile while onofficial business within the county.” V.T.C.S. art. **Z=~Q.. 6-Z..**  **TX h.**  **WV. q.+dmt.**  **%?IMc** article 3912k repeals article 23500 and that the coamissionera court is free to establish any level. of automobile expense allowances for members.of the comlsaionera court so long as such allowances are reasonably related to official county business. Article 3912kappears ,below **in** part:(T]he coPPliaaloners court of each county shall

fix the amount of compensation. office expense, travel expense, and all other allowances for **county** and precinct officials and employeea **who** are paid wholly from county funds

. . . . V.T.C.S. art. 3912k. Cl.
Article 23500was first enacted in 1959. **Acta** 1959, 56th Leg., ch. 221. at 502. In 1971 section 3 wea amendedto increase the car allowance in counties vith a population over 124,000 from $125 to $300. **Acts 1971.**  62nd **Leg..** ch. 811. Sl **at 2489**  **(this** la **not** reflected in the reported atatutea). -.The claw legialatlon ala0 repealed section 4 of article 23500which had eet **the car**  allowances in counties **with a**  population over 600.000 at $150. **Acts** 1971. 62nd Leg., ch. 811. 02 at 2469. These amendmentswere passed during the

p. 640hr. RoyHarris - Page 2 (JM-148)

**same** session of the legialaturc at which article 3912k was first adopted, including its repealer provision:

To the extent that any local, special, or general law, including Acts of the 62nd Legislature, Regular Session, 1971. prescribes the compensation, office expense, travel expense, or any other allowance for **any** official or employee covered by this Act, that law is repealed.
Acts 1971, 62ndLeg., ch. 622, 18, at 2019. Because 23500 prescribes the travel expense or allowance for county commissioners. it was repealed in 1971. In 1981, however, the legislature enacted a law which updated various population bracket bills -- a provision of vhich purported to repeal erticle 23500, section 3. which we have concluded vaa repealed ten years earlier. Onemight infer, therefore, **that the**  portions of article 23500not expressly repealed were still in effect. Acts 1981. 67th Leg., ch. 237. 5145, p. 559, 599. Chapter 237 also provided, however, that it was “not intended to revive a law that was impliedly repealed by a law enacted by the 66th Legislature or a previous legislature.” Id., 1146(a) at 600. **As** we have stated. article 23500was repealed in 1971by the enactment of article 3912k. and there has been no action by the legislature to revive or reenact Its provisions. Cf. CodeConstruction **Act,** article 5429b-2. V.T.C.S.. 53.10 (“The repea=f a repealing statute dooa not revive the **statute** originally repealed **nor** impair the effect of any saving provision in it.“).
You also oak whether Gregg County may provide gasoline and routine **automotive** supplies for use by **county** officials **In** private automobiles. We believe that the county may provide gasoline and automotive supplies for personal vehicles **used** In county business. instead of providing ordinary mileage. Thecounty officer mayreceive only the amount

### of gasoline or pro rata part of automotive supplies actually used in county business. The county auditor may require documentation and affidavits which will establish to his satisfaction that the expenses result from county business. See V.T.C.S. art. 1651 (general oversight of county finances and an obli(tation to see to the “strict enforcement” of **the** laws); V.T.C.S. art. 1663a (criminal penalty for failure to complywith auditors’ request for Information). Thus, not every expense allouance la within **the** discretion of the **county** officfal but each expense must be fixed by the comiaaioners court subject to the limitationa desertbed herein. See **Attorney** General Opinions MW-121 (1979) (hospital official notentitled to unlimited use of credit card to purchase gasoline for personal automobile); H-152 (1973) (automobile allowance for **county** court at lawjudge must be related to official travel); H-992 (1977) (lump sum monthly travel allowance must have **some**basis in fact; travel between homeand office not official business); V.T.C.S. art. 237211-S(further -v.
. .

Mr. ROYHerriS - Page 3 (JH-148)

authority to provide for travel allwance); V.T.C.S. art. 3899 (expense accounts).
SUMMARY

County officials maybe reimbursed with In kind allwancea for travel expenses actually incurred vhile on county business. The commissionera court of Gregg County may fix the amount of travel expense allowed to members of the commissioners court so long aa the allowance is reasonably related to official county business.

,f- -Jr&

JIM MATTOX Attorney Ceneral of Texas
TOMGREEN Pirat Assistant Attorney General
DAVIDR. RICRARDS Executive Assistant Attorney General Prepared byDavid Brooks Assistant Attorney General
APPROVED: OPINIONCOPMITTEE
Rick Gilpin. Chairman JonBible David Brooks Colin Carl Susan Garrison JimMoellinger NancySutton