No. V-0071 (1947).

• Case Date: March 06, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0071 (1947). 1March 6, 1947Honorable David J. MorrisCounty AttorneyBrown CountyBrownwood, TexasOpinion No. V-71Re: Authority of the Commissioners' Court to pay a constable (on a salary basis) mileage expense for the use of his automobile.Dear Sir:Your letter requesting an opinion from this Department is in part as follows:

"I have this question at present asked me by the Commissioners' Court: Where a constable has been put on a salary basis, has the Commissioners' Court authority to pay such constable mileage for the use of his automobile?

"Apparently there is nothing directly on this in the statutes. Prior to being placed on a salary, the constable could collect fees for mileage in serving papers, but after being put on salary he must turn such fees of service over to the salary fund. Art. 3912e, Sec. 2, provides for paying salary to precinct officers; Sec. 17 provides for the fixing of their salary; and Art. 3899, Sec. B, provides for the payment to the Sheriff of 4¢ per mile for the use of his automobile when he owns the automobile. Can we infer from this that the Commissioners' Court would have authority to make the same payment to the constable when he uses his car?

"You will readily understand that a constable on a salary basis would have much more incentive to be active in the service of papers and serving warrants if he could be reimbursed for his expenses."

2Subdivision (b), Article 3899, V.A.C.S., provides in part the following:

"The Commissioners Court of the county of the sheriff's residence may, upon the written and sworn application of such officer, stating the necessity therefor, allow one or more automobiles to be used by the sheriff in the discharge of official business, which, if purchased by the county shall be bought in the manner prescribed by law for the purchase of supplies and paid for out of the General Fund of the county and they shall be reported and paid in the same manner as herein provided for other expenses.

"Where the automobile or automobiles are owned by the Sheriff or his deputies, they shall be allowed four (4¢) cents for each mile traveled in the discharge of official business, which sum shall cover all expenses of the maintenance, depreciation, and operation of such automobile. Such mileage shall be reported and paid is the same manner

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