### TEZEATTOWNEY GENERAL OF TEXAS Auwrmw 11. TEXAE PRICE DANIEL .mTORNEYGENERAL
Septemberg, 1949

Ron. Max W. Roger opinion Ro. V-897. County Attorney ochistreec~ounty Re: Several questionsregardPerryton,Texas ing reimbursement of the sheriff for certain expenses Incurred in the Dear Sir* conduct of his offiae.

You have requestedan opinion relative to (1) the right of the sheriff to relmbursement for money expendedby him for board an$ lodging while away from the county soat in the conduot of officialbusiness,and
,. (2) the plght of the shariif to peimbupsement for money expendedby him ln feeding pPi8onePs. Subdlvlsion (b) of Artiolo 3899, Vernon's Civil Statutes,provided,

"Mob off~oernamed **ln thi8**  **ALot Where**  he reosives a salary as oompensatlon for hia rervioes shall be entitledand petitted to purohase op charge to hi8 oounty all peaaoaable expensesneoesrapy In the props M legal oonduot of his offiao.' The above quoted provlslonwa8 oonstpued ln httop~~y Q~e~41~s Opinion Ho. O-1102,by a prior amlrtration,to lnoludahotel bills and meals for a eheriii awa s from the oounty neat on offlalal b ui uln e s e, l8- rmdng hat the 8W wePa neoer8ary.

Subsequentto said opinion Rouse Bill 501, Aota of the 50th IAgislatup8,1947 (Apt. 6877-1, V'.C.S.) was enacted so as to provide differentmethods for allaV1 "& the sherlfflstransportation expenses, leaving: it vi bin the di8oretionof 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 GeneralQsOpinionRo. V-472 that Art, **6877-1,** V,C,S,, supersededsubdivision (1) of Section 19, Article -jgl;?e (providingfor 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, supersededsubdivision 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 provisionsof Article **6877-l** were mandatory and that the CommisslonersC Court was not authorizedto limit the number of miles the sheriff may travel in the performanceof his officialduties.

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 authorizedby said Article. Therefore,you are advised that the sheriff of Ochiltree County is entitled to his hotel bills and -1s incurredaway from the county seat while in the discharge of his officialbusiness,assumlrig said bill8 are necessary expenses in the performanceof said duties. Your second question is answeredby Attorney General'sOpinion Ro, V-359 which holds that the sheriff is entitled to his actual and necessary expenses in feeding prisoners,

We herewith enclose copies of OpinionsRo8. 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 officialduties provided saidc. -

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