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
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-
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.”
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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
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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
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