0FFlCEOFTHEATTORNEYGENERALOFTEXA.S 

AUSTIN 

Honoyable D. klchard Voges 

couuty Attorney 

Wilson county 

Floresville, Texas 

Dear Sir: 

Your reqwst ror e r0imf5g queatlcns: 

8' court or 

iencr8* caurt or 

erirr, mcnthly, a 

exumae and @-keep 

urnlahed the Sheriff 

your letter thet wllson Ootmty, Tems 

ree system and that it8 ctticerm are conw 

You rmrther advise that the SheriK or 

hly the 8tlpp 0r seventy-rive ($Ts.oo) Dollary by virtue or Article 59%. BeViSed 

article 5899 (a), Revbed Civil. .3tatutee of Texas, reads 

ti8 r0ii0ws: 

*lit the clu.cree 0r each mcnt?i 0r his 

tenure or orrlce eech orrleee Maed here3.n 
Honorable D.eloherd Voges, Page 2 

who is compeneated on a ree basis shall 

make as part or the report how required by 

law, an itemized and mvorn statement or 

all the actual and neoessary expenses lnourred by him in tha conduct of hiaofiioe, 

such ae stationery, stamps, telephone, 

premiunla on 0rriOiazs* bond@,’ lncludlng 

the doat or eurety bonds ror hla Deputfee, 

premium on iire, burglary, thert, robbery 

lneuranoe proteotlng public iundo, traveling srpenees and other necessary expeneee. 

The Commieelonere~ Court of the county oS 

the Sherirr’s reoldence may, upon the 

written and sworn applieation.of the 

Sheriff stating the moeeslty thereror, 

purohase equipment for a bureau or orlmlnal 

ldent irloatlon euoh as aameras, ringer 

prlntoarda, inke, ohealcals, mloroecopes, 

radio and laboratory equipmat., riling 

oarde, filing aabinets tear gas and other 

equipment in keeping with the eystem’in 

use by tlm Department or Publie Safety of 

this State or the United States Department 

of Juetlce and/or Bureau of Crlmlnal Identlrimion. Ii euoh expenses be inourred in 

~oonnection with any particular oese, suoh 

statenrrnt ahall name euoh oane. Suoh oxpense account shall be ‘subject to. the audit 

of the County Auditor, If any, otherrise by 

ths Comaiselonere~ Court; and ir it appear8 

that any item or such expense was not lnaurred by. euoh orrioer or euoh item #ai. not 

a neoeeearp expen’m of oifloe, suah item 

shall be by such auditor or oourt rrjeoted, 

in which oaae the oolleotions of auoh item 

may be adjudloated in any oourt of aompetent 

jurllpdiotion. The amount or ‘rralarlea paid 

to Aeeistante and Deputlea ahall also be 

clearly ehown by euoh oifloer, giving the 

name, position and amount paid eaoh; and in 

no event shall any oifioer ehow any greater 

amount than actually paid any such Assistant 

or Deputy. The amount of such ex ensee 

together with the axmi%t or: salar % B paid to 

AssiatXSIt#, Deputies and Clerks shall be paid 

out of the reas earned by 6UOh oftloer. The 
358 

Xonorable D. Richard Vcgee, Rage 3 

Commissioners* COttrt Of the county of the 

Sheriff*8 reeldence may, upon the written 

and eworh appllcatlon or tti Sherlrr etating the neceseltg thereror, allow one or 

more automobile8 to be used by the Sheriii 

Iu the dlscherge or his ofiicIa1 duties, whIoh, 

If purchased by ths CoUnty, sbcll be bought 

In the meuner prescribed bylaw ror tbs purchase or supplIe8 and paid ror out or th8 

Osneral Fund or the county and t&ey shell be 

and rema3.11 the property or the county. The 

expense or stelntenance, depreolatlon and operation of such automobiles as may be allowsd, 

whether purcbrsed brthv county or omed by 

the Sheriff or his Deputies personally, shall 

be paid for by the 5herlff aud the amount thereof shall be reported by the Sherifr, on the report above Prsntlonrd, In the suse manner ns 

herein provided ror other expen~es.~ 

Artiole 3891, Revised Civil Statutes or Texas, made, 

in part, as rouws: 

Qach ofrloer nemed ia t&Is Cheptcr 

shall rir8t out or the ourront tee8 cr his 

oSfio6 pay or be paid the amount allowed him 

uwler thrs proviaiona or Artlols 5555, together. 

with the salaries of his assistants agd deputles, and authorleed expenses under Artiala 

3899, end the amount nooesnry to corer oosts 

or pmmlum on whatever surety bond may be required by law. Ir the current gee8 of aueh 

office collected In any year be pore than ths 

amount needed to pay tim amounts above specirled, 

same shall be doomed oxuess feis, aml slnll be 

disposed or in the uanner herebarter provldad. 

"In oounties oontalnfag twenty-rive thousand 

(g5,OOO) or less inhabltauts, DIstrIct aad County 

ofricors naxed herein shell retain one-third of 

suoh exuess fees until suoh one-third, togetlmr 

with tbs amounts specIfIed In Article 3583, 

emounte to Three Thousand Dollare ($3,000). Precinot orrlodm shall retain en+thh-4 u@I.l such 
Honorab+e D. Richard Voges, Pago 4 

one-third together with the amount speolrtod in &r&l8 5883, amunte to Fourteen 

5drad Dollar8 (#1400).a 

This Dopartmant ha8 repeatedly ruled 

OrriOOrS are oomponeatod upon a reo bhsI8 tbrt 

$hat whore oamty 

ixponses inoldont 

to county offIce muet be paid Worn current rees bolonglng to 

.saId orrice. Yes opinion dated July13, 1934, written by Eon. 

Julius F. Franki, Assistant Attorney Oenoral; and meny otbr 

opinions 0r this Departsmnt. 

$6 ooncur with you In your opinion and wleh to thank 

you ror your very able brief which be8 assisted us in passing 

upon thle question. 

tlYo agree with you that Senate Concurrent Resolution 

Ho. 40, or ths 44th Texas &gl8~laturo, passed In loss, he8 m 

bearing on Article 3899, Revleod Civil Statutes of TEUS, which 

1~s amended In 1937. 

You are therefore rospeotrully advised that It IO tIio 

oplnlon 0r this Depertmnt that the Comml88loner8* court of 

nuson county, Texas, a County operatlag upon % r80 baSti, lmy 

not pay the County Sherlrr, monthly, the neco8eary ard aotual 

expenses rortolephone out or the General Fund or the County. 

Suoh Sheriff however may pay auoh expense out of hIe ourront 

r008 or 0frio0. 

You am further reSpeCtfully edrieodthat It I8 the 

Opinion Or thi8 Department that the COmmi8~~Olpsr8’ cOUrt,Of 

'Rileon County, Texan, a County operating upon a fee basfp, play 

not pay the County Sheriff, sumthly, a oertaln Bum ior the 

malntenanoo and up-keep or a county autormbIlo, furaI8hed the 

Sherlrr by the County ror his oificlal duties, cut or the General Fund or the County. Artlola 3899 (a) oxpreruly provides 

that the expense of malntenanae, doprocIation and opeiatlon or 

suah autoimbiles as mey be allowed, whether puzWmeed by the 

county or owned by the sherffi or hIa deputies personally, 

shall be paid for by the Sheriff and the asmunt there@ 8-l 

be reported by the Sherlfi, on the report above wntloned, in 

the Sm spanner as 18 provided therein ror other expenses. 

TkwtIag that thle 8atIoractorlly an8wers your inquirr 
,. - 

360 

Honomble D. Richard, Page 5 

and with boet regards, wo.arO 

Very truly yours 

A'iWliU'&SY GILIURAL OF TEXAS 

BY 

Sm.J.Fnnnine 

A4SSiSt6klt