Untitled Texas Attorney General Opinion

July 20, 1971 Honorable~James H. Havey Opinion No. M-909 Director, International Trade Texas Industrial Commission Re: Whether the International Box 12728, Capitol Station Trade Division of the Austin, Texas 78711 Texas Industrial Commission may maintain an employee in the country of Mexico, and Dear Mr. Havey: a related question. In your recent letter requesting an opinion from this office, you advised us.fhat the International Trade Division of the Texas Industrial Commission -1s planning on opening an extension office in Mexico City, Mexico, D.F. and that funding for this office has been approved and IS contained in Senate Bill No. 11, Regular Session as amended by Senate Bill No. 7, First Called Session of the Sixty-Second Legislature. In this regar:dyou ask whether the State of Texas can legally pay for services of an employee who Is working in and consequently residing in Mexico. The Texas Industrial Commission was established by the provisions of Article 5183, Vernon's Civil Statutes. Certain duties of the Commission are prescribed by the subsections of Section 4, Article 6144(e), Vernon's Civil Statutes. Those provisions most pertinent to our discussion are quoted as follows: 'y(a) ,Investigate, study and'undertake ways,, and means of pr?otlng and encouragingthe pros- .perous developmeni ,and'protection of the legitimate interest and welfare of Texas business, industry, agriculture, and commerce within and outside the state. v(b) Plan and develop an effective business lnformatlon service both for the assistance of business and Industry of then state and for the encouragement of business and industry outside the state to use economical facilities within the state. ,I . . ";,, E ncourage and develop commerce with other states and foreign countries." -4423- Hon. James H. Havey, page 2 (M-909) Line Item 14 of the current legislative appropriation for the Industrial Commission, which is found in Section 1 of Article III of Senate Bill No. 11, Regular Session, as amended by Senate Bill No. 7, First Called Session, Acts 62nd Legislature, 1971 (General Appropriation Act for the biennium ending August 31, 1973) provides as follows: For the years ending August 31, 1972 Au$ust 31, 1973 'To provide from the General Revenue Fund for ln- ternatlonal trade projects in- cluding but not limited to foreign trade missions, overseas offices, reverse investment missions, including salaries of exempt and classified posltlons, professional fees and services, part-time and seasonal help, travel con- sumable supplies and materials, current and recurring operat- ing expenses, capital outlay, planning grants and,all other activities for'which no other provisions are made. 150,000 150,000" Article III, Section 44 of the Constitution of Texas pro- hibits appropriations by the Legislature unless there is In force a pre-existing law to support such appropriations. Austin National Bank v. Sheppard, 123 Tex. 272, 71 S.W.2d 242 (19347; Attorney General's Opinion No. M-729 (1970). In a similar fact situation, Attorney General's Opinion M-729 held that the Commissioner of Agriculture has the authority to enter into a contract to pay a monthly consultation fee for the rendering of various marketing surveys and studies to an individual temporarily residing In Europe. In view of the foregoing authorities and the circumstances presented , it is our o lnion that Subsections (a), (b), and (e) of Section 4'3 Article 61451(e), Vernon's Civil Statutes, grants to the Industrial Commission authority to open an extension office in Mexico City, Mexico, D.F. and to pay the salaries of employees who are working and residing In Mexico. -4424- . - Hon. James H. Havey, page 3 (M-909) SUMMARY Subsections (a), (b) and (e) of Section 4 of Article 6144(e), Vernon's Civil Statutes, grants to the Industrial Commission authority to open an extension office In Mexico City, Mexico, D.F. and to pay the salaries of em- ployees who are working residing In Mexico. C. MARTIN Attorey General of Texas b Prepared by Ivan R. Williams, Jr. Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W, E. Allen, Co-Chairman William J. Craig Camm Lary Tom Sedberry Ray McGregor MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -4425-