.Hon, WI.lliam

Ii. Davis Cpinion NO. v-1287 County Attorney willlamsoncounty Re: Several questionsreGeorgetown,

Texas spectlng the traveling expenses of conDear Sir: stables.

Your request for an opinion contains the followingquestionsconcerning travelingexpenses of constables

under the provisions of Senate Bill ~~:~."%g%%j: R.S. 1951, ch. 264, p. 424

"1. What'is meant by the wordi?. 'to and frcm points wlthln this State ?

‘2. Does this statute l&end the mileage be allowed only in specific cases, that is, an individual to be arrested or served with legal papers, or does it allow for any tra.vel in connection with investigations, discussing matters in connectionwith the case with witnesses,etc.?

“3. Would it cover mileage vithin the city or as under a former ruling only mileage beginning after one mile?

"4. Would the Court be aothorized to set the rule for mileage other than in a specific case, going to place of arrest of defendant and returninghim to Court or jail?"
Section 1 of.Senate Bill 362 provides: .i


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"The Co,untg

CommissionersCourts of this state are hereby authorized to supply or psy for the transportationof constables and deputy constables of the respective counties and justice precinctsHon. William H. Avis, page 2 (~-1.287) \ ! to and from points within this State, under one of the four following subsections:
*(a) Conetablesand deputy CVstablesmay be furnishedadequate motor transportation Includingall expense incidentalto the upkeep and operationof such motor vehicles.
"(b) Motor vehiclesmay be furnished to constabl.es and deputy constableswho may furnish gas and oil, wash and grease, incidentalto the operationof such vehicles; for which gas and oil, wash and grease, such constables

and deputy constablesshall be comensated at a rate not to exceed four cents (a#) per mile for each.mile such vehicle is operated i'n the performanceof the duties of Ns or their office.
"(c) County Commissioners Courts may allow constables and deputy constables in the respective countiesand justiceprecincts to use.and operate cars on officialbusinesspersonally owned by them for which such officers shall

I 64) P be.paidnot less than six cents er mile nor more than ten cents lO#) for each mile traveled in the performanceof official duties of their office.
"(d) All compensation paid under the provisionsof tNs Acts shzill be upon a sworn statementof.such constable or deputy constable;
"(e) This Act shall not apply to countieshaving a population of less than twenty thousand (20,000)people."

Senate Bill 362 is almost identicalto House Bill 531, Acts 50th Leg. 1947, ch. 204, p. 351 (Art. 6877-1,V.C.S.), the only differences being that the provisionsof Article 6877-1,V. C.S., are mandatoryend urovide for traveling 'expensefor the sheriff and hisdeputies inHon. William II. Davis, page 3 (v-1287)

every county of the State, while the provisions of Senate Bill 362 are discretionary with the commissioners'

court and provide travelingexpense for the constables and their deputies in all Countieshaving a populationof 20,000 or more inhabitants.

Prior to the enactment of Senate Bill 362, the commissioners~ court could not pay traveling expense to constables who were co

T nsatea on a salarybasis, Att'y Gen. Cp. V-71 1947).

Since the language in Senate Bill 362 is the same as that containedin Article 6877-1, the construction

placed on Article 6877-l will be equally applicableto Senate Bill 362.

stated: In Att'y Gen. Op. V-526 (1948),

"Section 2 of H.B. 501 provides that pribr to the presentAct there it is

was no adequate law providing for transportation

for sheriffs and their deputies. Therefore,the Legislature enactedH.B. 501 and ala not place a limit on the number of miles which the sheriff could travel in the parformance of officialduties. Cn the contrary,the Legislature provided under subdivision (c) that they 'shall be paid not less than six cents ( "f' per mile nor more then ten cents ( Cd) per mile for each mile traveled in the performanceoPofficia1 duties.'Therefore, it is our opinion that the Commissioners'Court cannot limit the number of miles which the sheriff and his.aeputies

may travel in the performante of officialdut1e.s.
"Ii.& 501 states that 'al.1compensation paid under the provisions of this Act shall be upon a sworn statement of such sheriff.' In view of this provision,lt is our opinion that the Commissioners'

Court may require the sheriff to furnish the Court in his
sworn account such information which is necessary for the Court to determineHon. William H. Davis, page 4 (v-1287)

what mileage was traveled in the performance of those duties set out in various statutoryprovisionsprescribing the duties of the sheriffsand their deputies. See Art. V, Sec. 23, Texas Constitution."

therefore

, In answer to your first three questions: you are advised that the commissioners court is authorizedunder Senate Bill 362 to pay the travelingexpense of constables and deputy constablestravelingon any officialbusinesswithin this State, whether such expense be incurredin travelingwithin the corporatelimits of a city or town or outside the corporatelimits of a city or town. Officialbusinesswill includenot only making arrests and serving legal napsrs but also investigations

in connection

with any official duty.

In answer to your fourth question, you are advised that if the commtssioners'court adopts the provisionsof Article 6889c, the connnissionera' court may not limit the number of miles a constable may travel in the performanceof his officialduties. However, the commissioners' court may require sufficient informationin the constable'ssworn accounts of travelingexpense to determine how many miles were traveled in the performanceof his offloial duties.

SUMMARY

Pursuant to orovisionsof Senate Bill 362, Acts 52nd Deg. R;S.'lq51 ch. 264, p..424 (Art. 68&c, V.C.S.3. the commissioners' court in-i countyof 2C,OOC or more inhabitantsis authorized to pay the travelingexpense of constablesand deputy constables traveling on officialbusiness in this State, regardless of whether such expense is incurredwhile travelingwithin the corporate limits of a city or town or outside the corporate limits of a city or town. Officialbusiness includesnot only making arrests and serving legal papers but also investigations in connection with any official duty.Hon. William H. Davis, page 5 (w-1287) 

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If the oo~asioners' court adopts the provisionsof Senate Bill 362, the court may not limit the number of miles
a constable

may travel in the performance of his officislduties. However, the commissioners*

court may require sufflc!ent informationin the constable's sworn accounts to determinethe number of miles he traveled in the performanceof his officialduties.

APPROVED: Yours very truly,

J. C. Davis, Jr. County Affairs Division

Jesse P. Luton, Jr. RevlewLng~Assistant

Everett Hutchinson ExecutiveAssistant

JRaawo PRICE DdRIRL AttorneyGeneral

.Y Assistant