CRAWVOWU C. MARTIN
Ax-rORNlsY OENERAL
July 14, 1970
Hon. Earl M. Scott Opinion No. H- 660
Acting Commissioner
Texas Department of Mental Re: Whether moving expenses of
Health and Mental Retardation employees of the Texas De-
Box 8,~Capltol Station partment of Nental Health
Austin, Texas 78711 and Mental Retardationmay
be reimbursedunder the
Dear Mr. Scott: stated circumstances.
Your recent letter requesting the opinion of this office
concerning the referencedmatter presents the following questions:
"1. If, at the time of his arrival at the
city In which his permanent duty station 1s located,
a transferredDepartment employee who Is required
by statute to reside on the grounds of his duty
station cannot so reside because the physical
plant Is still under construction,may he be re-
imbursed for commercial transportationexpenses
Incurred in an lntra-citymoving of his household
effects from a temporary residence in the city to
his newly constructedresidence at the permanent
duty station, assuming that Motor Pool services
are not available?
"2. If, at the time of his arrival at the
city In which his permanent duty station Is located,
a new Department employee who is required by statute
to??ikide on the grounds of his duty station cannot
so reside because the physical plant Is still under
construction,may he be reimbursed for commercial
transportationexpenses Incurred in an lntra-city
moving of his household effects from a temporary
residence In the city to his newly constructed
residence at the permanent duty station, assuming
that Motor Pool services are not available?"
(Emphasisadded.)
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Hon. Earl M. Scott, page 2 (M-660)
In regard to moving expenses of state employees,Sec-
tion 35 of Artl@le V of House Bill 2, Acts of the 61st Legislature,
2nd C.S., 1969 (ffeneralAppropriationAct for the Biennium ending
August 31, 1971), provides as follows:
"None of the moneys appropriatedIn this Act
may be expended for paying expenses of moving the
household goods or other property or personal
effects of offfcers or employees, provided however,
that the Department of Agriculture,State Building
Commission,Texas Employment Commission,Highway
Department, Alcoholfcs (SIC) Beverage Commission,
Parks and Wlldlffe Depar?ii&t,Railroad Commleslon,
Department of Publfc Safety, Water Development
Board, Water Quality Board, and other agencies
granted such authority by this
ed to pay costs of transporting
m dellverfng only fn State-owned equipment the
household goods and effects of employees trans-
ferred by the named departmentsfrom one permanent
mn to another, when in the judgment of the
wst interest of the State will
be served by such transfer.
"It fs further provfded that in the event
State-owned equipment fs not available, and to
use of a commercial
transportationcompany for the moving of the em-
ployees' household goods and other personal effects.
Such state agetncfesmay not utilize State funds for
such purposes except upon presentationby the officer
or emplsyee af a bona fide receipt of payment for
servfces rendered from a commercial transportation
company.
"State agencfee which are specfffcallyau-
thorized above or elsewhere fn this Act to use
funds appropriated fn this Act to move the house-
hold goods or personal effects of officials or
employees transferredby offfcfal order to new
at State expense-1
ves with the Legislative
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Hon. Earl M. Scott, page 3 (M-660)
Budget Board by November 1 of each fiscal year.
Such report Is to cover the preceding fiscal year
and Include the number of such official transfers
made, the employees' name and position titles,
distances Involved. and the detail of all ex-
penditures for such transfers. It Is specifically
provided that the authority granted by this section
shall not extend to new employees." (Emphasisadded.)
Your Department Is given authority to utilize Its motor
pool In the manner anticipated by Section 35, supra, in Section
20(c) of Article V of House Bill 2, Acts of the 61st Legislature,
2nd C.S., 1969 (GeneralAppropriationAct for the Biennium ending
August 31, 1971), which provides that:
"The Texas Department of Mental Health and
Mental Retardation Is hereby authorized to utilize
the services of Its Motor Pool to transfer and
deliver the household goods and effects of Its
employees transferred from one place of employment
to another within the Department when such service
to such employee Is deemed to be In the best ln-
terest of the-State of Texas; provided, however,
this service shall not be extended to any new
employee." (Emphasla~added.)
In answer to your first estlon, It Is our opinion that
the language of Sections 35 and 204"
c), supra, relating to "permanent
duty stations" and transfer of an employee from one place of employ-
ment to another "within the Department",contemplatesthe permanent
State Institutionto which he Is to be transferred,and not a temporary
location at which he Is to reside pending constructionof his per-
manent duty station. This we held to be the legislative Intent under
the previous Act, which was worded similarly. See Attorney General
Opinion No. M-221 (1968). Accordingly,your first question Is
answered In the negative.
As for your second question, we believe the last sentence
In Section 35, supra, and the last clause In Section 20(c), supra,
clearly require that It, also must be answered In the negative.
SUMMARY
Neither Section 35 nor Section 20 of Article
V of House Bill 2, Acts of the 61st Legislature,
2nd C.S., 1969 (General AppropriationAct for the
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Hon. Earl 84.Scott, page 4 (M-660)
Biennium ending August 31, 1971), provides for
reimbursementto either a transferred,ornew
employee of the Texas Department of Mental Health
and Mental Retardation of commercialmoving ex-
penses Incurred In an lntra-citymoving of his
household effects from a temporary residence in
the city to his newly constructedresidence at
his permanent duty styJz?+ zhs
RAWF C. MARTIN
Atto ey General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney Qeneral
APPROVED3
OPINION COHMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Sarah E. Phillips
Wardlow Lane
Jim Swearingen
Llnward Shivers
MEADE F. GRIFFIN
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WHITE
First Assistant
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