Honorable Robert S. Calvert
Comptroller of Public Accounts
Capitol Station
Austin, Texas
Opinion No. Ww-723
Re: Proper rate of reim-
bursement for mileage
by prlvately;owned .con-
veyance for Judges (in-
cluding District Judges)
Dear Mr. Calvert: and District Attorneys.
You have requested an opinion on the following
question:
'On and after September 1, 1959, .
what will be the proper rate of reim-
bursement for mileage by private owned
conveyance for Judges (including Dls-
trlct Judges) and District Attorneys?"
Article 6823, Revised Civil Statutes of Texas, 1925,
provided as follows:
"The traveling and other necessary
expenses incurred by the various officers,
assistants, deputies, clerks and other em-
ployes in the various departments of the
, State Government, ins the active dis,charge
of their duties shall be such as are spe-
cifically fixed and appropriated by the
Legislature In the general appropriation
bills providing for the expenses of,,the
State Govertunent'fromyear to year.
In 1931, the'Leglslature amended Article 6823 by
adding a provision which provided as follows:
Honorable Robert S. Calvert, page 2 (WW-7'23)
I,
. . . When appropriations for
traveling expenses are made any allowances
or payments to officials or employees for
the use of privately owned automobiles
shall be on a basis of actual mileage trav-
eled for each trip or all trips covered by
the expense accounts submitted for payment
or allowance from such appropriations, and
such payment or allowance shall be made3
a rate not to exceed five (5q!)cents for
each mile actually traveled, and no additional
expense incident to the operation of such auto-
mobile shall be allowed." (Emphasis ours).
In 1949, the Legislature amended Article 6823 by re-
moving from Its provisions the phrase 'and such payment or
allowance shall be made at a rate not to exceed Five (54)
Cents for each mile actually traveled."
Article 6823 was again amended In 1953 so that it
now provides:
"The traveling and other necessary ex-
penses incurred by the various officers,
assistants, deputies, clerks and other em-
ployees in the various departments, insti-
tutions, boards, commissions or other sub-
divisions of the State Government, in the
active discharge of their duties shall be
such as,are specifically fixed and appropriated
by the Legislature In the General Appropriation
Bills providing for the expenses of the State
Qovernment from year to year.. When appropriations
for traveling expens.esare made any allowances or
payments to officials or employees for the use of
privately owned automobiles shall be'on a basis
of actual mileage traveled for each trip .or all
trips covered by the expense accounts submitted
for navment or allowance from such annrooriations.
and sufh payment or allowance shall be made at ~a -
rate of seven cents (7d) for each mile actually
traveled, and no additional 'expense Incident to
the operation of such automobile shall be allowed."
(Emphasis ours).
Honorable Robert S. Calvert, page 3 (W-723)
Senate Bill 272, Acts of the 56th Legislature, Regular
Session, Chapter 231, Page 523 (codlfled in Vernon's as
Article 6823a) is an Act providing for state travel regula-
tions. Section 2 of Senate Bill 272 reads as follows:
"Sec. 2. The provisions of this Act
shall apply to all officers, heads of state
agencies, and state employees. The provi-
sions of this Act shall not apply to judges
and other judlclal employees paid by the
state, counties, or other political subdivi-
sions pursuant to law. Heads of state agencies
shall mean elected state officials, excluding
members of the Legislature who shall receive
travel reimbursement as provided by the Constl-
tution, appointed state officials, appointed
state officials whose appointment Is subject to
Senate confirmation, directors of legislative
interim committees or boards, heads of state
hospitals and special schools, and heads of state
institutions of higher education."
Subdivision b of Section 3,of Senate Bill 272 pro-
vides as follows:
"b . The rate of per diem and~transporta-
tion allowance and method of computing those
rates shall be those set forth in General Ap-
propriation Acts providing for the expe!ses of
the state government from year to year.
It is noted that It is specifically provided that the
..provlsionsof Senate Bill 272 shall not apply to judges and
judicial employees. It is also specifically provided that
it shall apply to State officials. Since the District At-
torneys of this State are State officials within the meaning
of Senate Bill 272 and are not judicial employees, the rate
of transportation allowance (mileage) of District Attorneys'
official travel Is governed by the provisions of Senate Bill
272. Since Senate Bill 272 specifically provides that its
provision shall not apply to judges, the rate of transporta-
tion allowance (mileage) of judges' official travel is not
governed by its provisions, but is governed by the provisions
of Article 6823, Revised Civil Statutes of Texas, 1925, as
amended.
3584.
Honorable Robert S. Calvert, page 4 (WW-723)
Article 6823 limits the rate of transpoo>atLon allowance
j (mileage) to Seven (7#) Cents pe:?~mile. You are therefore
advised that the rate of transportation allowance for judges
is Seven (7#) Cents per mile.
Senate Bill 272 provides thtitthe rates of transporta-
tion allowance shall be those set forth In the General Ap-
propriation Act. Subdivision a of Section 32 of Article V
of House Bill 4, Acts of the 56th Legislature, T;-rirdCalled
Session (current General Appropriation Act) sets the rate of
transportation allowance (mileage) at Eight (84) Cents per
mile. Therefore, the proper rate of trans ortation allowance
(mileage) for District Attorneys is Eight P66) Cents per mile.
The proper rate of transportation allowance
for judges is Seven (7#) Cents per mile.
Article 6823, Revised Civil Statutes of Texas,
1925, as amended. The roper rate of transporta-
tion allowance (mileageP for District Attorneys
is Eight (a#) Cents per mile. Senate Bill 272
Acts of the 56th Legislature, Re ular Session,
Chapter 231, Page 523 (Article 6823a, Vernon's
Civil Statutes).
Yours very truly,
WILL WILSON
Attorney General of Te:-3s
JR:ntg:me
APPROVED:
OPINION COMMITTEE
Gordon Cass, Chairman
Jot A. Hedges
Elmer McVey
Morgan Nesbitt
REVIEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert
Untitled Texas Attorney General Opinion
Combined Opinion