OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTlp4

Honorable 0. A. Neal County Auditor El1la COunty Waxahaohie, **Texae**

Ret Allowance

date of Ootober 83, questions: department Is till bounty, the shsrirrfs esed by the county. ef the oplnlon that era, andthe sheriff pend oonsiderable e rcr anothsr. 8s to repair, or exohange for d buy one and oharge the efor the use of it, what matter? Wouldthe oounty
medby ths Comptroller*s Offioe that the a ocmpensated on an annual ealary basis.

Or Artiols 3899, VeTnOn’s Annotated Cfvil

, reeds In part as 

### r0liopp8:

“The Commissioners Court of .the oounty or the Sherlff~s resldenoe may, upon thewritten and sworn applioation of euoh ofrloer stating the neoesslty therefor, allow one or mOreautomobiles to be use4.b the SheriiY’ in~ttu, discharge OSOrfiolal business, which, 9f purohased‘& the count7 shall be bought, in the nianner presoribed $- y law for the purohase bt supplies end paid for. out of the CIe,neralfind of the oounty and they shall be reported and paid In the samemanner as herein provided for other expenses.Honorable 0. A. Neal- Mqe 2

nWhe,rethe automobile or automobiles are ownedby the Sherirt or his Deputies, they shall be allowed four (4#) cents for eaoh mile traveled in the disoharge of offlola business, whloh sumshall cover all expenses of tha malntenanoe, ~depreoiatlon andoperation of suoh automobile. Suohmileage shall be reported end paid In the samemanner presoribed for other allowable expenses under %heprovisions 

### 0rthis seotlon. Noautomobile shall be allowed ‘for any Deputy Sheriff eroept those regularly employed in’ outside work. It shall be the diity of thenCounty Auditor, ir eny, otherwise the Commissioners’ Court, to &eok the speedometer reading of each of said automobiles, ownedby the oounty onoe eaoh month end to keep e publio reoord thereof; no automobile ownedby the county shall be used for any private purpose
.” In the light of that poriion of Seotlon b of ’ Artiole 3899 of Vernon’s Annotated Civil Statutes, whloh provides:

“

. . . The Commissioners’ Court of the County oi the Sheriff ’s resldenoe mn~upon the written end sworn epplloetlon of suoh orfloer, stating the neoesslty therefor, allow one or more eutomoblles to be ilsed~bfrthe Sheriff in the disoharge or oftiolel business.

. . .* It is the opinion of this Department end you maybe so advised that the statute vests with the Cormeisaioners’ Court the right end duty, in aoting upon the written end sworn epplloet ion of tba sherirr, to eieroise its administrative dlsoretion es to the necessity for snoh expenditure end euoh body may or may not allow., in pursuenoe of its delegated duties, one or more automoM;;isto be use! by the Sherifr in the disoharge or his orrloial

It aooordinglJr follows, that in the event that the Commlailoners* ,Court, 52 the exerolse of its dlaoretion, round that there~wee_8nsoessl$y f ’or the use of only ‘two automobiles by ths Sharlffts Department of Ellis County that said Commissionera’ Court **would** not be, as a matter of law, obligated to allow or approve additional expenditures for the use of other end additional automobiles by the Sheriff of said County in the disoherge of his offlolal duties.

Truating,thet this will satisfactorily enswer your question, we remain Yours very truly APPROVED

DEC.4, 1939 (8) Gerald 0. Mann ATTORNEY GENERAL

OFTEXAS ATTORNEY

GENERAL

OFTEXAS APFRCWED opinion oommitte EC:AMIK BY -By BWB Edger Cele ohairman Assistant .’