Untitled Texas Attorney General Opinion ( 1948 )

f-Q 25, 1948
HOD. Perry L. Jones opinion No. V-587
County Attorney :
Travis County Re: Question relati’hgto
Austin, Texas the travel expense of
a sheriff commisslon-
ed to return a fugi-
tive from justice to
this State.
Dear Mr. Jones:
. .
Your request for an opinion of this depart-
ment relating to the tr.avelexpenses of a sheriff com-
miasloned to return.a fugitive from justice contains
several question which, for the sake of clarity, will
be stated and answered separately.
Question No. 1 la as follows:
“Will you please advise me vhetlier
it is lawful for me to approve and the
Commissioners1 Court to pay the sheriff
and hi’sdeputies under the provisions of
Article 6877-l,,Vernon’s.Annotated Texas
Statutes, for any mileage incurred &-
side of the State of Texas?l”
Articles 1005 ind 1006,;Vernon’s Code of Crl!n-
lnal Prqcedure, respectively read:
“Art. 1005:
‘When the Governor deems it proper
to demand a person who has committed an
offense in this State and has fled~to
another State or territory, he may com-
mission any suitable person to take such
requisition. The accused, If brought back
to the State, shall be delivered up to the
sheriff of the county In which it I.1al-
Zeged he has committed the offense.
“Art. 1006:
Hon. Perry L.,Jones, page 2 (V-587)
"Section 1. The officer or person so
coknlggloned shall receive as compensation
the actual and necessary traveling expenses
upon requisition of the Governor to.be al-
lowed by such Governor.and to .be~
paid out
of the State Treasury upona certificate of
the Governor.reciting the se~rvlcesrendered
and the allowance therefor;
"Section 2. The Commissioners Court
of the county where an offense is commit-
ted may in Its discretlon,,on the request
of the Sheriff and the recommendation of
the District Attorney, pay the actual and
necessary traveling expenses of the offi-
cer or person so commissioned out of,,any
fund or funds not otherwise pledged.
A sheriff, deputy sheriff, or other peace of-
ficer who goes to'another state after a fugitive from
justice may not be legally paid his actual and,neces-
sary~.travellngexpenses by either,the State or county
under.the provisions of Article 1006, unless he was
commissioned an agent of the State by the Governor in
accordance with the provisions of Article 1005.
You have advised us that the Commissioners'
Courtsof Travis County has allowed the sheriff~and his
deputies ~s&x centa,.permile for the use and operationsof
their personally owned automobiles as authorized by aec-
tion (c) of Article 6877-1, Vernon's Civil Statutes.
This Article refftrlctathe payment for such mileage to
miles traveled to and from points within this State",by
ouch officers in the performance of their official duties
as sheriff or deputy sheriff.
This department stated in Opinion No. V-525,
dated March 23, 1948, that if a sheriff or other peace
officer of this State should execute In ano,therState a
warrant of arrest or capias.lssued in this State, such
an arrest would be without authority of law, and such
officer's position would be no better or different from
that of a private citizen,,and