^ 

.,4 

Honorable J. H. O'Ball' 

county Attorney 

Swirher County' 

Tulia, Texas 

Dear Mr. O*Iieallr Opinion Ho. O-6002 

Re: Does County Coxaissioner of 

Swisher County have to file itmized verified amount each month 

in order b be allowed traveling 

expemss under Ark. 2350(T), V.&S. 

W ha-we moeived your reoeat o~catiomt in uhioh you ciui&t 

the above quebtioa, together with the additional queries as to whether 

such traveling expemrss are allmbbls now fbr pas+ months, during whiah 

no itemized verified~aocouats were filed, and whether or not the Con&ssiasrs' Court m&v,le&ly pass a general order allowing the flat sum of 

Twsnty-five (t25.00) Dollvs to each oommissioner each monty for such 

trawling expenses. 

As Swisher County has a population of.6.528, according to the 

1940 Federal Census, the provisions of Article 2350(7), V.A.C.S., 8re 

applicable. Said Article reads as follows: %aid of counties of 

this State having a population of less than txenty-five thousand two 

hundred (25,200), acoording to the last preoeding Federal Census, the 

Cozmd.ssioners* Court of'suoh oouaties is hereby authorized to allow 

the coza&M.oners the sum of not more than Taenty-fivp (#26&O) Dollars 

per month for traveling expanses while on official business i&said 

counties." 

We believe the above article contemplates only such tra~I.ing 

expenses as are neoessarily and aotually expended by such ooarmissioner while he is on official business in said oounty. (See our Opinions 

&OS. O-5598 and O-5615, copies of 8-e herewith anolosed). 

Such Artfole doer not expressly prescribe aw formal requIslt&s 

of a olaim for such traveling expenses, but we belive it oc&emplates 

the filing of an itemized aocount a8 in other olaims in order that the 

Commissioners' Court may properly audit and determine the validity 

thereof. - 
Hon. J. H. O'Beall - page 2 (O-6002) 

h-tide 2350(6) V.A.C.S., whioh speoifioally provides for a 

sworn monthly aocouzrt for oertain traveling expenses of a ?ounty comaissiouer, &es not apply to Swisher County aad it aaunot be used to oontrol 

the application of Art. 2350(7), supra, in argr rasped. 

Aa said Art. 2350(7) V.A.C.6. ( Seaate Bill 319, Chapter 362, 

Acts of the 45th Log., 1943), beome offeotive as a law ninety full days 

after Xay 11, 1943, date of adjourment, we see no reason why such actual 

traveling expensca, inourred sinoe the effeotive date of said Artiale and 

umollsoted should not now be allornble. 

Said Art. 2350(7) does not authorize the Commissioners' Court 

to pass a general order allowing the flat sum of Twenty-five Dollars-to each 

ocmmisaioner each month for traveling expenses. Such sum is already available to each onmissioner by virtue of the law provided he actually incurs 

such amount as contemplated by statute. He oazmot be oompemated for more 

than such mount inourred in any oae month but may incur less, and the aotual 

amount iaourred is the criterion which the Court must go by in issuing its 

order for oompennation. (See Opinion No. O-5633, a copy of whioh io enclosed 

herewith.) 

Trusting the above fully anme your queations,rs am 

Very truly yours 

ATTORNEY GE- OF TEUS 

By /s/Robert L. Lattimore, Jr. 

Roker$ L. Lattimore, Jr. 

Assistant 

RLLn-t,egw 

APPROVBD JDBB 27, 1944 

I*/ cAct;;;~ P. Blackburn 

AlTORBSYGEBBRALOPTEXAS 

APPROVED 

Opinion Comittee 

ByBWB 

Chainnm