THEA~ITORNEYGENEEAL
OF'1C'EXAS
June 2, 1961
Dr. J. W. Edgar Opinion No. WW-1072
Commissioner of Education
Texas Education Agency Re: Computation of expense
Austin, Texas accounts where an employee
returns to his designated
headquarters at the end~of
the working day before com-
pleting his assignment and
then returns to his temporary
Dear Mr. Edgar: post the following morning.
Your letter has been received requesting an opin-
ion of this office concerning the computation of expense
accounts where an employee travels to his temporary post
and returns to designated headquarters the next day but also
makes an unauthoriaed round trip to designated headquarters
at night.
In determining the intent of the Legislature with
regard to travel expense and per diem allowance for State
employees, we must look to the wording of Acts 56th Leg. 3rd
C.S. 1959, Ch. 23, p. 442, hereinafter referred to as the
Appropriation Act.
Section 32, Subsection "a" reads in part as follows:
"a. The rate of such reimbursement
shall be eight (8) cents per mile for
the employee's personally owned convey-
ance. None of the moneys appropriated
for travel expense for mileage within
the State of Texas for use of personally
owned automobiles shall be expended un-
;;ss$e shorteit route between points
. . . .
Section 33, Subsections 'larr,
"c", and 'Id"read in
part as follows:
‘C .
Dr. J. W. Edgar, page 2 (WW-1072)
"a. A per diem allowance for in-
State travel shall mean a flat daily
rate of Nine Dollars ($9)in lieu of
actual expenses incurred for meals
and lodgings. The per diem allowance
shall commence at the time the employee
leaves his designated headquarters and
cease when the employee returns to his
headquarters.
1'. @ .
“C. An employee whose duties require
travel for periods which do not require
him to sleep away from his designated
headquartera shall receive a partial per
diem allowance for meals rather than a
per diem allowance. Such partial per
diem allowance shall be determined by
the head of the agency and shall be based
upon a reasonable estimate of the actual
cost of the meals involved. In computing
the partial per diem allowance, the travel
period shall commence at the time the
employee departs from his designated head-
quarters. In no event will the partial
er diem allowance exceed Four Dollars
7$4)per day.
“4. 0.e
"When it is cheaper, a traveling State
employee rnx return to his headquarters
daily or on the weekend rather than stay
out at State's expense and by so doing,
the expenses involved shall be.considered
as State business: cheaper--as it applies
to daily round trips shall be determined
by computing the mileage and per diem on
a daily basis and the entire mileage and
per diem on any one day shall not exceed
the per diem allowance of Nine Dollars
($9) It is within the province of such
l
agency head to require the employee who is
away on official State's business to report
back to his designated headquarters daily
.
Dr. J. W. Edgar, page 3 (WW-1072)
or on weekends if he deems it necessary
to expedite the completion of the pur-
pose for which the expenses are incurred.
The employee will clearly show on his ex-
pense account the hour and the date he
returned to his headquarters and the hour
and date he leaves his headquarters."
(Emphasis added)
If an employee actually travels from his designated
headquarters to his temporary post, completes the purpose for
which the expenses were incurred the next day, and returns
the next day from his temporary post to headquarters, certain
legitimate travel expenses are necessarily incurred in connec-
tion with his job regardless of where he spends his evenings
while on aesignment. Under these circumstances, there is
nothing in the appropriate statutes, quoted above, which would
operate to keep an employee from receiving the expense allow-
ances provided in Section 32, Subsection "a" and Section 33,
Subsection rtal'
of the Appropriation Act, quoted above, for
travel expense incurred in going to and from his temporary
post, including the full amount allowed for expenses on a per
diem basis. It is clear that an employee is fully entitled
to the expenaes for mileage in going to his assignment and
return and there is nothing in the Appropriation Act which
would preclude such an em loyee from receiving his full share
of the nine dollar ($9.00P per diem allowance as set out in
Section 33, Subsection "a". There are no limitations on the
payment of these legitimate expenses so long as the shortest
route is taken and so long as the employee is traveling on
state business. Whether he stays at the temporary post at
night, returns to headquarters for personal reasons, or goes
elsewhere is irrelevant so long as he performs his required
duties during working hours. His activities after hours have
no bearing on the payment of the above mentioned legitimate
travel expenses even though he is not entitled to mileage in
making unauthorized trips to headquarters and back to his
temporary post.
It is important, also, to point out that an employee
may be paid, under Subsection "d", for travel expenses incurred
in returning to headquarters daily to spend the night and back
to the temporary post the next morning when one of the follow-
ing exceptions exist. When it is t'cheaper"for the employee
Dr. J. W. Edgar, page 4 (WW-1072)
to return to headquarters daily from his temporary post,
the employee may elect to do so and be paid for travel
expenses incurred, computed in the manner set out in Sec-
tion 33,Subsections "c" and "d", quoted above. An em-
ployee may also be paid for daily round trips to head-
quarters, under Subsection "d", when he is required to
do so by his superiors. Unless one of these situations
exists, the expenditure for travel to and from headquarters
daily is not authorized and cannot be paid. However, the
two exceptions are distinguished from and in no way affect
the payment of legitimate expenses incurred in going from
headquarters to the temporary post and return to headquar-
ters on completion of work the following day, including the
full per diem payments that the employee may be entitled to
when away from home at night on official business, whether
he actually spends the night at the temporary post or not.
Therefore, it is the opinion of this Department
that under Section 32, Subsection "a" and Section 33,Sub-
section "a" of the Appropriation Act, an employee is en-
titled to expenses incurred in going to his temporary post
and return, including the full per diem allowance, even
though he may, on his own volition and at his own expense
return to headquarters at night for personal reasons. He
may also be entitled to expenses involved in returning to
headquarters at night if he ca.ndo so "cheaper", and elect8
to do so, to be determined in the manner set out in Section
33,Subsections "c" and "d" of the Appropriation Act, or if
he is required to return by his superiors.
SUMMARY
An employee is entitled to expenses
incurred in going to his temporary
post and return to designated head-
quarters the next day, including the
full per diem allowance, even though
he may, for personal reasons, return
to designated headquarters at night
at his own expense. If the employee
is required to return daily to desig-
nated headquarters by his superior or
if it is "cheaper", to be determined
as set out in Section 33,Subsections
"c" and "d" of the Appropriation. Act,
Dr. J. W. Edgar, page 5 (WW-1072)
an employee may be paid for expenses
incurred in returning to designated
headquarters daily,
Very truly\yours,
WILL WILSON
Attorney General of Texas
Iola Barron Wilcox
Assistant
IBW:afg/bmc
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Robert Lewis
Robert Rowland
John Reeves
W. Ray Scruggs
;;VIEWED FOR THE ATTORNEY GENERAL
: Morgan Nesbitt