Tm-4 Arn~w~Ex GENERAL
OF TEXAS
Honorable Homer Garrison, Jr. Opinion No. M-221
Director, Texas Department
of Public Safety Re: Whether Section 36 of
5805 North Lamar Blvd. Article V of Senate
Austin, Texas 7875.1 Bill 15, Acts 60th
Leg., 1967, Chapter
784, page 2319, au-
thorizes the Texas
Department of Public
Safety to pay a com-
mercial transporta-
tion company to move
a house-trailer and
all the personal be-
longings of a patrol-
man transferred to
another duty station
when state-owned equip-
Dear Mr. Garrison: ment is not available.
By recent letter you have requested our opin-
ion in reference to the captioned matter. We quote
from your letter as followsr
I)
. . .
*We would like your opinion as to
whether the Texas Department of Public
Safety can pay a commercial transportation
company to move the house-trailer, includ-
ing all of the household goods and personal
effects, of a single DPS patrolman trans-
ferred from one station to another where
state-owned equipment for such movement
is not available.*
Section 36 of Article V of Senate Bill 15,
Acts 60th Legislature. 1967, Chapter 784, pages 2319-
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Ron. Homer Garrison, page 2, (M-221)
2320, (the General Appropriation Bill), is quoted as
follows:
"None of the moneys appropriated
in this Act may be expended for paying
expenses of moving the household goods
or other property or personal effects of
officers or employees, provided however,
that the Texas Employment Commission,
Highway Department, Liquor Control Board,
Parks and Wildlife Department, Railroad
Commission, Department of Public Safety,
Water Development Board, and other agencies
when'specifically granted such authority
by this Act, are authorized to pay costs
of transporting and delivering only in
State-owned equipment the household goods
and effects of employees transferred by
the named departments from one permanent
station to another, when in the judgment
of the,department, the best interest of
the state will be served by such transfer.
"It is further provided that in the ""
event state-owned equipment is not avail-
able, and to avoid imposing the hardship
of an employee working in one location .’
while his family and personal belongings
are located elsewhere, the above authority,,
may be extended to include the use of a
commercial transportation company for the
moving of the employees household goods
and other personal effects. Such state
agencies may not utilize state,funds for
such purposes except upon presentation
by the officer or employee of a bona fide
receipt of payment for services rendered
from a commercial transportation company.
"State agenci.eswhich are specifically
authorized to use funds appropriated in this
Act to move the household goods or personal
effects of officials or employees transferred
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Hon. Homer Garrison, page 3, (B-221)
by official order to new permanent duty
stations at State expense, shall file a
report of such moves with the Legislative
Budget Board by November 1, 1967. Such
report is to cover the pr.ecedingfiscal
year and include the number of such of-
ficial transfers made, the employees'
names and position titles, distances
involved, and the detail of all expen-
ditures for such transfers. It is spe-
cifically prwided that the authority
granted by this section shall not extend
to new employees."
The Texas Department of Public Safety is
specifically given authority to pay the costs of trans-
porting and moving an employee's household goods and
effects from one permanent duty station to another
in State-owned equipment when the Department deter-
mines it will be in the best interest of the State.
\
Additionally, your Department is authorized
to utilize funds appropriated in Senate Bill 15, to
reimburse an employee who pays a commercial transpor-
tation company to move the employee's household goods
and other personal effects from one permanent duty
station to another, if there is no State-owned equip-
ment available for the move, and such a mwe will
avoid imposing a hardship on the employee by having
his work at one location and his home in another.
A trailer-house is generally considered per-
sonal property and would fall into the category of per-
sonal belongings or personal effects referred to in
Section 36 of Article V. cf. Erwin v. Steele, 228
S.W.2d 882 (Tex.Civ.App. 1950, error ref. n.r.e.).
Therefore, it is our opinion that if the
patrolman in question is being transferred from one
permanent duty station to another and no State-owned
equipment is available for the move, and such move
would impose a hardship upon the patrolman to work
at his new station while his place of residence or
home is at the old duty station, then the Department
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Hon. H-r Garrison, page 4, (M-221)
may pay a commarcial transportation company to mwe his
household goods and other personal effects.
Section 36 of Article V of Senate
Bill 15, Acts of 60th Legislature, 1967,
Chapter 784, pages 2319 and 2320 authorizes
the Texas Department of Public Safety to
utilize funds appropriated therein, to re-
imburse an employee who pays a commercial
transportation company to move a house-
trailer, household goods and other per-
sonal effects of a patrolman to another
permanent duty station when State-owned
equipment is not available for the move.
Vmtruly yours,
At+&#ney General of Texas
Prepared by James C. McCoy
Assistant Attorney General
APPRWKDr
OPINION CCMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
W. V. Geppert
Malcolm Quick
Thomas Mack
Linward Shivers
A. J. CARUBBI, JR.
Kxecutive Assistant
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