Untitled Texas Attorney General Opinion ( 1977 )


Menu:
  • THEATTORNEYGENERAL OF TEXAS Avwrm. TFSAS 78711 October 25, 1977 Honorable Henry Wade Opinion No. H-1077 District Attorney 6th Floor, Records Building Re: Payment by Dallas County Dallas, Texas 75202 of bond premiums for reserve deputy sheriffs and reserve deputy constables. Dear Mr. Wade: You ask: Can Dallas County legally pay . . . pre- miums on the bonds required by Article 6869.1, V.C.S., of reserve deputy sheriffs and reserve deputy constables? Article 6869.1 provides that reserve deputies are to "serve without pay", although the commissioners court is per- mitted to "provide compensation for the purchase of uniforms and/or equipment used by such individuals." Sec. l(d). The statute also provides that (e) Such reserve deputy sheriffs . . . , prior to their entry upon duty and sim- ultaneously with their appointments, shall file an oath and bond in the amount of Two Thousand Dollars ($2,000), payable to the sheriff . . . and filed with the county clerk of the county in which said appoint- ment is made. Authorization for the county to provide bond premiums is not granted by article 6869.1. However, article 3899 provides in part: . . . . (b) Each officer named in this Act, where he receives a salary as compensa- tion for his services, shall be entitled and permitted to purchase or charge to his county all reasonable expenses ne- cessary in the proper and legal conduct p. 4410 Honorable Henry Wade - Page 2 (H-1077) of his office, premiums on officials' bonds, premiums on fire, burglary, theft, robbery insurance protecting public funds, and including the cost of &r&y bonds for his deputies . . . . (Emphasis added). Both sheriffs and constables are officers named in the Act. Attorney General Opinion O-439 (1939). In Attorney General Opinion M-1021 (1971) this office concluded that the commissioners court of a county has authority under article 3899, V.T.C.S., to determine if the purchase or lease of two-way radio equipment for reserve deputy sheriffs is a reasonable and necessary expense of the sheriff's office, and if it determines that it is, to pay for such equipment. Cf. Attorney General Opinion H-958 (1977) (county prohibited ?i??rn paying reserve deputy sheriff's insurance premiums as compen- sation). Article 3899 leaves no doubt that premiums for the official bonds of sheriff's and constable's deputies are expenses of the sheriff's office and of the constable's office. The statute makes no distinction between the bonds of regular deputies and those of reserve deputies. Accordingly, we believe that a county may legally pay reasonable premiums on the bonds required of reserve deputy sheriffs and of reserve deputy constables by article 6869.1, V.T.C.S. SUMMARY A county may legally pay reasonable pre- miums on the bonds required by article 6869.1, V.T.C.S., of reserve deputy sheriffs and of reserve deputy constables. /\Very truly yours, Attorney General of Texas APPROVED: / DAVID M. KENDALL, First Assistant P. 4411 Honorable Henry Wade - Page 3 (H-1077) C. ROBERT HEATH, Chairman Opinion Committee jst p. 4412

Document Info

Docket Number: H-1077

Judges: John Hill

Filed Date: 7/2/1977

Precedential Status: Precedential

Modified Date: 2/18/2017