^ .,4

Honorable

J. H. O'Ball' county Attorney Swirher

County' Tulia,Texas Dear Mr. O*Iieallr OpinionHo. O-6002 Re: Does CountyCoxaissioner of SwisherCountyhave 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 generalorder allowing the flat sum of Twsnty-five(t25.00) Dollvs to each oommissioner each monty for such trawling expenses.

As SwisherCountyhas a population of.6.528,

according

to the 1940 FederalCensus,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 FederalCensus,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 believethe above article contemplates only such tra~I.ing expenses

as are neoessarily

and aotually

expended

by such ooarmissioner while he is on official businessin said oounty. (See our Opinions &OS. O-5598 and O-5615, copies of 8-e herewith anolosed). Such Artfoledoer 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 aocounta8 in other olaims in order that the Commissioners'

Courtmay 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 swornmonthlyaocouzrt for oertain

traveling

expenses

of a ?ounty comaissiouer,

&es not apply to SwisherCountyaad it aaunot be used to oontrol the application

of Art. 2350(7),

supra, in argr

rasped.
Aa saidArt. 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 afterXay 11, 1943, date of adjourment, we see no reason why such actual traveling

expensca,

inourredsinoe the effeotive date of said Artialeand umollsoted should

not now be allornble. Said Art. 2350(7)

does not authorize

the Commissioners' Court to pass a generalorder allowing the flat sum of Twenty-five Dollars-to

each ocmmisaioner

each month for traveling expenses. Such sum is alreadyavailable to each onmissioner by virtue of the law provided he actuallyincurs 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 ATTORNEYGE- OF TEUS By /s/Robert L. Lattimore, Jr. Roker$L. Lattimore, Jr. Assistant RLLn-t,egw APPROVBDJDBB 27, 1944 I*/ cAct;;;~

P. Blackburn AlTORBSYGEBBRALOPTEXAS APPROVED OpinionComittee ByBWB Chainnm