Honorable M. T. Harrington Opinion NO. C-508
Chancellor
Texas A&M University System Re: Clarification of the hold-
College Station, Texas ing of Attorney General
Opinion C-472 (1965).
Dear Mr. Eiarrington:
You have requested clarification of our holding in
Attorney General Opinion C-472 (1965) that state employees
while ataying overnight on state property or on military
posts are not entitled to the twelve dollar per diem under
l
the appropriation act adopted by the 59th Legislature.
You state that cosnnercialhotel facilities are oper-
ated as a Dart of the Memorial Student,Center Building of Texas
A&M University consisting of "65 guest rooms available to the
general ,publicon a first come-first served basis at-standard
commercial rates . . .I',and further, that, ". . . /dach occu-
pant pays the hotel occupancy tax required under Articles 23.01-
23.07, Chapter 23, Title 122A, Vernon's Civil Statutes,. . .'I
The Comptroller's office reads Attorney General Opinion
C-472 (1965) as limiting State of Texas employees to a seven
dollar per diem in all instances in which they spend the night
in state owned facilities. That opinion was written without
having in mind your particular situation, or the analogous
situations which may exist in state or military institutions
operating similar facilities. What was intenaea was that state
employees should not receive the windfall of both free or nearly
free lodging and the added per diem of five dollars a day
which under the appropriation bill was clearly intended only
to offset added expenses normally incurred as an incident to
staying away from headquarters overnight while on state business.
A large number of state and military institutions
make available, as a convenience for those on official business,
rooms for which either no money is charged or else for which
charge8 are made only to cover expenses. It was with regard to
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Hon. MI T. Harrington, page 2 (C-508 )
such facilities that Opinion C-472 (19651, was intended to be
;applicable.
You are therefore advised that State of Texas em-
~ployees who stay overnight in the Memorial Student Center Build-
ing~of Texas A&M University or insimilar facilities which are
available'to the general public at standard commercial rates
and for which the hotel occupancy tax is paid under Articles
23.01-23.07, Vernon's Civil Statutes, are entitled to the
twelve dollar per diem under the appropriation act adopted by
the 59th Legislature.
SUWRY
State of Texasemployees who stay overnight
in the Memorial Student Center Building of Texas
A&M University or insimilar facilities which are
available to the general public at standard~com-
mercial rates and for which the hotel occupancy
~~tax is paid under Articles 23.01-23.07, Vernon's
Civil~Statutes, are entitled to the twelve dollar
per diem under the appropriation act adopted by
the,59th Legislature.
Very truly yours,
'WAGGONER'CARR
~AttorneyGeneral
Assistant
LC:ra
APPRGVBB:
OPINIQN CGMMITTEE
- .
Ron. M. T. Harrington, page 3 (C-508 1
W. V. Geppert, Chairman
Pat Bailey
Phillip Crawford
Howard Fender
David Longoria
APPROVED FOR THE ATTORNEY GENERAL
By: T. B. Wright
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