Untitled Texas Attorney General Opinion

EA ORKEY ENE OF TEXAS Mr. R. L. Coffman Opinion NO. c-271 Administrator Texas Employment Commission Re : Travel expense of employees of Austin, Texas Texas Employment Commission appearing before representa- tives of the Bureau of Employ- ment Security, United States Department of Labor, at meet- ings with representatives of the various states to discuss methods of administration de- signed to further the Employ- Dear Mr. Coffman: ment Security Program. Your request for an opinion reads in part as follows: “I have been directed by the Commission to request an opinion concerning travel expenses allowable to employees of this agency while on out-of-state trips to represent the State before Federal agencies or agencies of other states. “The interstate operations of this agency and its relation to the Federal government occa- sion a considerable amount of travel by repre- sentatives of the Commission to Washington, D.C. and to other states to represent the interests of the State. “For internal administrative purposes, the Texas Employment Commission has published travel regulations which have been submitted to and ap- proved by the Bureau of Employment Security, United States Department of Labor. The Commis- sion’s rules limit reimbursement for per diem on out-of-state travel to actual cost of the hotel room or similar accommodation, plus an allowance for meals not to exceed $9.00 per day. Since all administrative funds of the Texas Employment Com- mission are derived from federal grants, the Bureau of Employment Security shares budgetary -1303- - Mr. R. L. Coffman, page 2 (C-271) control over Commission activities with the State, The Bureau of Employment Security has specifically approved expenditures for out-of-state per diem made in accordance with the Commission’s internal travel regulation. So far as administrative prac- tice is concerned, expense accounts of Commission employees charging out-of-state per diem in excess of $15 per day have been routinely approved in the past, in appropriate cases, both by the State Comp- troller and Federal authorities. “As is evident, the Commission’s policy and practice does not ordinarily permit the employee to receive even the full $35 per diem allowed by the Legislature. However, it does permit reimburse- ment of the employee’s actual expenses, which is very important on trips to Washington, D.C., New York, and some other large cities where a minimum- rate hotel room might alone require the entire $15 per diem, if that was the limit allowable. “We therefore respectfully request your opin- ion concerning whether employees of the Texas Em- ployment Commission traveling out of state at the direction of the Commission to represent the State before Federal agencies and agencies of other states must appear at what could be termed a ‘hearing’ in order to be entitled to out-of-state per diem in ex- cess of $15 per day.” Subdivision c of Section 17 of Article V of the current Appropriation Act provides: “Any Assistant Attorney General, or represen- tative of the State Health Department, or represen- tative of the Adjutant General, or representative of the State Board of Education, or representative of the Department of Public Welfare, or representative of the State Highway Commission, or representative of the Railroad Commission, or representative of the Texas Employment Commission, when any of the employ- ees of these departments are directed bv the anDroDri- a eoverning board o r department head to reDreSent tk,” State before anv Federal agencies or agencies of other states in any other state or Washinptan.., shall receive actual meals, lodging and incidental expenses, not to exceed Thirty-five Dollars ($35) per day.” -1304- Mr. R. L. Coffman, page 3 (C- 271) The Comptroller of Public Accounts has refused to pay the expense accounts referred to in your request for the reason that in his opinion said travel does not come within the provi- sions of the General Appropriation Act above quoted. You state in your request that such travel was upon the express direction of the Texas Employment Commission; that such travel was made for the purpose of appearing "before representatives of the Bureau of Employment Security, United States Department of Labor at meet- ings with rep~resentatives of various states to discuss methods of administration designed to further the Employment Security Program." It is noted, under the facts submitted that employees of an agency named in Subdivision c of Section 1 2/ were directed by the appropriate governing board to represent the State before rep- resentatives of Federal A,gencies; therefore, such travel is in com- pliance with the provisions of the General Appropriation Act, and such employees are entitled to receive actual meals, lodging, and incidental expenses not to exceed $35.00 per day. Employees of the Texas Employment Commission traveling out of the state when directed by the Commission to represent the states before Federal Agencies and agencies of other states to dis- cuss methods of administration designed to further the Employment Security program are entitled to receive actual meals, lodging and incidental expenses not to exceed $35.00 per day, pursuant to the provisions of Subdivision c of Section 17 of Article V of the Gen- eral Appropriation Act, SUMMARY Employees of the Texas Employment Commission trav- eling out of the state when directed by the Commission to represent the states before Federal Agencies and agencies of other states to discuss methods of adminis- tration designed to further the Employment Security program are entitled to receive actual meals, lodging and incidental expenses not to exceed $35.00 per day, pursuant to the provisions of Subdivision c of Section 17 of Article V of the General Appropriation Act. Yours very truly, WAGGONER CARR Attorney General JR:wb -1305- Mr. R. L. Coffman, page 4 (C-271) APPROVED: OPINION COMMITTEE hT. V. Geppert, Chairman Pat Bailey Brady Coleman Al10 Crow Linward Shivers APPROVEDFOR THE ATTORNEYGENERAL BY: Stanton Stone -1306-