No. V-0099 (1947).

• Case Date: March 22, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0099 (1947). 1March 22, 1947Hon. C. J. WildeCounty AuditorNueces CountyCorpus Christi, TexasOpinion No. V-99Re: Traveling expenses of Justice of the Peace.Dear Sir:Your request for an opinion from this Department on the above subject matter is as follows:

"The Justice of Peace of Precinct 1, Place 1, and Precinct 1, Place 2 of Nueces County have requested that we make them an allowance of $7.50 to cover expenses of their automobiles in attending any inquests within the county. In view of the fact that in this County the Precinct Officers are on a salary basis we cannot find any Statute that would allow us to pay a flat fee for anything of this nature. It is quite possible that we night be able to make an allowance for any expense in connection with the holding of an inquest by permitting a charge to be made on a mileage basis for the use of their automobiles. Other than this I do not believe it possible to make any payment for any expenses in connection with said inquests.

"We shall be glad to have your opinion on this matter."

An officer is not entitled to mileage or expenses for the operation of his automobile unless there is some provision in the statutes providing for the payment of such expenses. Hammond v. Harris County, 243 S.W. 1002, error refused; Harris County v. Hammond, 203 S.W. 445; 34 Tex. Jur. 545. Article 3935a-1 authorizes...