Untitled Texas Attorney General Opinion

Honorable Robert S. Calvert Comptrollerof 'PublicAccounts Austin, Texas Opinion No. C-545 Re: Whether a State employee while traveling by train is entitled Dear Mr. Calvert: to the maximum per diem allowance. Your recent request for an opinion from thisoffice reads, substantially,as follows: ,I an examinationof (a travel voucher) wiil'reveal that the claimant left, by &In, on September 11, 1965, he arrived in Washington, D. C., on September 13, 1965, on which day he obtained a receipt for lodging. He left that city on September 14 1965;enroute to Austin arriving on September lk, 1965. You will please advise the rate of per diem the claimant is entitled to on September 11, 12, 15, & 16, 1965. "Departmentalpolicy: Pullman fare has always been considered~partof transportation cost and in the past, the State employee while traveling by train ha8 been allowed the maximum per diem allowance." Paragraph b, Section 14 of Article V of the General AppropriationAct of the 59th Legislature,in part, provides: 'lAnemployee traveling by rented or public conveyance,or the commercial transportation company furnishing same, is entitled to a transportationallowance equal to the actual costof necessary transportationfor performing official,business. . . ." (Emphasisadded.) -2620- Ron. Robert S. Calvert, page 2 (c-545) It has long been held that the courts will ordinarily adopt and uphold a constructionplaced on a statute by a department charged with its administrationunless the constructionso given is unreasonable. This rule is particularly applicable to an administrativeconstructionof long standing,where valuable interests or rights have been acquired and where a law that has been uniformly construed by those charged with its enforcement has been reenactedwithout a change of language. 53 Tex.Jur.2d 259, Statutes, Section 177. Paragraph a, Section 15 of Article V of the General AppropriationAct of the 59th Legislatureprovides: "Rates of allowance. Each employee traveling on State business inside the boundaries of the State of Texas shall be allowed, in lieu of actual expenses incurred for meals and lodging, a flat per diem rate of not to exceed Twelve Dollars ($12) provided there is attached to his expense account when submitted a "Paid" bill or receipt from a commercial hotel, motel, or other commercial lodging establishmentfor his lodging, but provided further that if such receipt is not submitted,the flat per diem rate shall not exceed Seven Dollars ($7). "Each employee traveling on State business outside of the boundaries of the State of Texas shall be subject to the same ~provisionsas above except that the respective specified per diem rates shall be Fifteen Dollars ($15) and Ten Dollars ($10) instead of the Twelve Dollars ($12) and Seven Dollars ($7). The out-of-State allowance shall begin and end at the end of the quarter day (as defined hereinafter) in which the employee leaves or returns to the State line. ” As was stated in Attorney General's Opinion c-508 (1965), the Legislature clearly intended only to offset added expense normally incurred as an incident to staying away from headquartersovernight on State business. Under the facts submitted and in view of the departmental interpretation,we are of the opinion that the claimant is entitled to $27.75 per diem for the dates September 11, 12, 15, and 16, 1965, computed as follows: -2621- Hon. Robert S. Calvert, page 3 (C-545) I September 11 - $ 3.50 - 2 quarters at $ 7.00 per diem rate (IS)* September 12 - 10.00 - 4 quarters at 10.00 per diem rate (OS)** September 15 - 10.00 - 4 quarters at 10.00 per diem rate (OS) September 16 - 2.50 - 1 quarter at 10.00 per diem rate OS 1.75 - 1 quarter at 7.00 per diem rate IIS1 *Is - Inside State **os - Outside State Therefore, applying the above per diem to the travel voucher submitted the claimant is entitled to reimbursementin the sum total of $285.53, computed as follows: Fares - Public Transportation $226.28 Per diem allowance ($27.75 plus $30.00 for Sept. 13 and 14) 57.75 OtherTravel gxpense - Taxi IL.50 SUMMARY When a mode of travel, furnished by a commercial transportationcompany, including sleeping facilities as a part of the travel cost is approved by the administrativeofficer of the State department or agency concerned, the sleeping facilities are a part of the transportationcost, and the rates of per diem for travel on State official business, inside and outside of the State, is computed on the flat per diem rate provided where no receipt from a commercialhotel, motel, or other commercial lodging establishmentis submitted. Yours very truly, WAGGONER CARR By: Attorney General JPC:sj -2622- - . Hon. Robert S. Calvert, page 4 (C-545) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves W. 0. Shultz Bill Allen Mario Obledo APPROVED F'ORTHE ATTORNEY GENERAL BY: T. B. Wright -26,2 3-