TEZEATTOWNEY GENERAL 

OF TEXAS 

Auwrmw 11. TEXAE 

PRICE DANIEL 

.mTORNEY GENERAL 

September g, 1949 

Ron. Max W. Roger opinion Ro. V-897. 

County Attorney 

ochistree c~ounty Re: Several questions regardPerryton, Texas ing reimbursement of the 

sheriff for certain expenses Incurred in the 

Dear Sir* conduct of his offiae. 

You have requested an opinion relative to 

(1) the right of the sheriff to relmbursement for money expended by him for board 

an$ lodging while away from the county soat 

in the conduot of official business, and ,. 

(2) the plght of the shariif to peimbupsement for money expended by him ln feeding 

pPi8onePs. 

Subdlvlsion (b) of Artiolo 3899, Vernon's Civil Statutes, provided, 

"Mob off~oer named ln thi8 ALot Where 

he reosives a salary as oompensatlon for hia 

rervioes shall be entitled and petitted to 

purohase op charge to hi8 oounty all peaaoaable expenses neoesrapy In the props M 

legal oonduot of his offiao.' 

The above quoted provlslon wa8 oonstpued ln 

httop~~y Q~e~41~s Opinion Ho. O-1102, by a prior amlrtration, to lnoluda hotel bills and meals for a eheriii awa 

s 

from the oounty neat on offlalal b uiulnese, l 8- 

rmdng hat the 8W wePa neoer8ary. 

Subsequent to said opinion Rouse Bill 501, 

Aota of the 50th IAgislatup8, 1947 (Apt. 6877-1, V'.C.S.) 

was enacted so as to provide different methods for allaV1 

"& 

the sherlffls transportation expenses, leaving: 

it vi bin the di8oretion of the comnlaaione~8~ Court a8 

.to the method it would follow. A. ff. Opinion Ho. V-472; 

. 
Hon. M8x Y. Boya, page 2 (V-897) 

It was held in Attorney GeneralQs Opinion Ro. 

V-472 that Art, 6877-1, V,C,S,, superseded subdivision 

(1) of Section 19, Article -jgl;?e (providing for traveling expense of the sheriff In counties in excess of 

190,000 inhabitants) Insofar as it covered the transportation expenses of the sheriff Ln counties in exce8a 

of 190,000 inhabitants. By like reasoning, it is our 

opinion that House Bill 501, Acts of the 50th Leglslature, superseded subdivision b of Article 3899 insofar 

as it applies to the transportation expenses of the 

sheriff in counties of less thau 190,000 inhabitants. 

In Attorney General's Opinion No. V-526 it 

was held that the provisions of Article 6877-l were 

mandatory and that the CommisslonersC Court was not 

authorized to limit the number of miles the sheriff 

may travel in the performance of his official duties. 

Therefore, In answer to your first question, 

it is our opinion that the provisions of Article 3899, 

subdivision (b) Vernon's Civil Statutes, were repealed by Article 6877-l insofar as Article 3899 is applicable to the transportation expenses of the sheriff. 

It is our further opinion that Article 6877-l did not 

amend Article 3899 with regard to the payment of any 

other necessary expense authorized by said Article. 

Therefore, you are advised that the sheriff of Ochiltree County is entitled to his hotel bills and -1s 

incurred away from the county seat while in the discharge of his official business, assumlrig said bill8 

are necessary expenses in the performance of said duties. 

Your second question is answered by Attorney 

General's Opinion Ro, V-359 which holds that the sheriff is entitled to his actual and necessary expenses 

in feeding prisoners, 

We herewith enclose copies of Opinions Ro8. 

o-1102, V-359, V-472, and V-526. 

SUMMARY 

The sheriff is entitled to reimbursement for money spent for board and lodging 

while away from the county seat in the discharge of his official duties provided said 
c. - 

HOII. pax w. Bayer, page 3 (v-897) 

expenses are actual and neoessa~y, Art, 

3899, subd. (b), V.C.S. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

JR:mw:bh 

EnClS. 

I 

.’ 

,I 

.,’ 

By " 

, , .‘. 

John Reeves 

Assistant 

APPROVED 

@ 

- 'YqyLQ.q. .LeP 

FIRST ASSISTANT 

ATTORNEY GENFXAL