Honorable Burt L. Rlsley Opinion No. M-1020
Executive Director
State Commission for the Blind Re: Construction of Section 15
317 Sam Houston Building of Article V of the current
Austin, Texas 78701 General AppropriationsAct.
Dear Mr. Risley:
Your request for an opinion asks the following ques-
tion:
"Are Individuals who fall within the
various classes specified under the heading
'EXCEPTIONS TO THE PER DIEM AND TRAVEL AL-
LOWANCES,' contained in Section 15 of S.B.
11, Acts of the 62nd Legislature, Regular
Session, 1971, as amended by S.B. 7, Acts
of the 62nd Legislature, 1st Called Session,
1971, entitled to their actual cost of com-
merclal transportation utilized in the per-
formance of official business in and out of
the state, If such commercial transportation
consists of air transportation at first class
fare when air transportation at tourist class
was available?"
Subdivision (b) of Section 12 of Article V of the current
General Appropriations Act provides:
f,
. . . The rate of reimbursement for any
employee for whom f’unds are appropriated in
this Act, for air transportation shall be tourist
class unless tourist class Is not available. This
allowance shall not include federal taxes from
which the employee andlltheState Government are
legally exempt. . . .
See Attorney General's Opinions M-939 (1971) and H-939-A (1971).
Subdivision (a) of Section 15 of Article V provides:
"Sec. 15. EXCEPTIONS TO THE PER DIEM
AND TRAVEL ALLOWANCES. a. Judicial officers
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- .
Hon. Burt L. Risley, page 2 (M-1020)
authorized by law and executive heads of
State agencies, including the Executive
Director of the Legislative Council, shall
be reimbursed for their actual meals,
lodging and incidental expenses (exclusive
of expenses related to automobiles for which
transportation allowance is paid as ro-
vided by Section 14a of this ArticleP when
traveling on official business either In or
out of the State."
It is noted that Section 15 constitutes exceptions to
per diem and travel allowances lncludlng cost of all commercial
transportation. The only transportation allowance that is not
Included in the exceptions is transportation allowance related
to automobiles. Therefore, the provisions of Subdivision (b)
of Section 12 above quoted do not apply to those individuals
covered by Section 15 of Article V.
You are therefore advised that individuals falling
within the exceptions provided in Section 15 of Article V of
the current General Appropriations Act are entitled to their
actual cost of commercial transportation utilized in the per-
formance of official business regardless of whether or not such
commercial transportation consists of air transportation at
first class fare.
SUMMARY
The provisions requiring air transportation
to be tourist class do not apply to those in-
dividuals entitled to actual expenses under Sub-
division (a) of Section 15 of Article V of Senate
Bill 11, Acts 62nd Legislature, Regular Session,
1971, as amended by Senate Bill 7, Acts 62nd
Legislature, First Called ession, 1971.
.s
Ve&jtruly yours,
CRAWFCRD C. MARTIN
Attorney General of Texas
Prepared by John Reeves
Assistant Attorney General
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. .
Hon. Burt L. Rlsley, page 3 (M-1020)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Melvin E. Corley
Ben Harrison
Scott Garrison
Wayne Rodgers
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHTTE
First Assistant
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