Untitled Texas Attorney General Opinion

ATTORNEYGENERAL ~OF TEXAS AUEVITN 1% TEXAS J?dt-i@FableJohn Osorlo, Chairman Board of Insurance Commissioners huotin; Texas 0PIM10Yf m9o W-83 *, Re::Authority~ to par travel bq@tnbas to ersone atriignird t6 ? he Borrd Or ‘Xh- auranct CommiooiP)n- err t&attend courttt offered by the International, e;u;s Uachintt Dear ltr. Osorfo: 0 Your request for an opfnlon on the above tubjtot setter is a0 followo: “On November 20, 1956, thla Boards tmplbyed, Nr. Bill D6VlS as coordlnstor of IB?l actlvititr, to cons’olfdats and organize the Board ~iecdrds which could be handled by International Butfntse H&chines jl “Prior to that time, I&, Davis htd been em- ployed by the StateDbpartment of Public Welfare. Proa September P, 1946, to November 20, 1956, he had served as supervisor of machine accounting and had actively managed the IBM section, con- tistfng’oi’ 31 employd&~engag&d in the optr&tion QT various IBM machines. He was rtapontible ior the preparation ot 25090C0 monthly assistance wqants, and all the related dtpartaental,6tati6- tical reporting, in additfon to dtptI%m?ntal pals- ~011 and all adrfnfatratfve expen6e aCcoUntlng bad analysis o “Mr, Davis1 educatfon and experience qualify him for the job which he now holds, but new fgptt af machines are being developed, and Mr. Davis has had little exp6rltnct with these new typtt. Sptclf- .. . . &nqniPle John Osorio, page 2 (WW-83) Itally, thisBoard now’has on order, for Sevtem- gQg&%Y, a type 407 accounting f&chine and electronic calctilating punch. HIS experience on theee particular machines is limit- td, and this Department has authorized him to at- tend the following schools: ~4cJ yl~eCour~t Dtllas March 18-20 Houston April 8-12 407 Advanced Course Dallas May 6-10 “This Board is informed that the Comptroller Of Public Accounts will not approve travel txptnat Recount6 for persons attending IBM schools unless the; account is accompanied by an Attorney ffeneral’s opinlori which would authorize payment. This Board 18 of the opinion that the travel proposed for Hr.’ bavis Is in tht performance of his official duties. go effort is being tide to further the general edu- cation of a Board employee at State expense, this travel being directed to a very specific and tech- nical job which Is being handled by the employee. However, in view of the Comptroller ‘8 requirement,, the Board of Insurancr CommUeioner6 does not feel ju6tifitd In ordering its tmployte to Incur the ex- ptnet ntctrrary to this travel, until it can be aesured that he will be rtlmburstd. ‘Fremlses considered, we resptctfully’request your opinion as to whether or not the proposed travel expense, as outlined above, is authorized under the General Appropriation Act,” Your request amounts to a reconsideration of Opinion s-209 (19.56)wherein It was held that travel expense and per diem to State employees In charge of the operation of IBM MChlntB, while attending a training school on the operation of ouch machines, is authorized. Therefore, we will review tht holding therein a8 well as various’previous opinions of Attorney Otntrals on similar question@. In reaching the conclurlon in Attorney General’s Opinion S-209, It was stated that tht training given would be directly and subetantially used by the employee to facilitate the operation of the Xm machine In a more efficient manner and, therefore, the facts trtabliehtd that the relationship between the purpose of the trip and the accomplishment of the functions of the gtvtrnmtnt entrusted to the employee is reasonable, aub- rtanfitl and direct. c . . BonWable John Gsoriog page 3 (W-83) In Attorney Generaljs Opinion No. 2993 to Dr; %'. Y, Benedlct;Presldent of the University of Texas, dated October 1, 1933 (Reports of the Attorney General 1932-1934, p. 472) It was stated that then Colptroller pro- perly refused’to pay the travelln expenses of Dean Hllde- brand for ‘attending the American ffAw Inrtltutr for’ the ‘rea- son that the purpose of the Institute wa6 in r& wry con- cerned mlth the dlscusaion of problems concerning the betterment, management or direction of a University or 8chool of law, fn Attorney Generaf’s Opinion.%2128 (l%O) it tiae Re16 t&t payment of traveling expenbes waL6authorised~to 61 of the Be artment of Public 8aSett’ select&d’ ‘to, a ?ZWmd‘the Traffic go lice AUmlnlstration’Course at mth- W#Wrn University s’ince the purpose of these’vislts W(l) ,to bWure’ information on the latest testing technique equip- m&it and m6thods as provided in Article 6701, Vernon’s Civil Statutes o 8lmilar holdings have been made in Attorney Oen- eralls~Opfnfons o-11 5 (1939), o- 831 X&41), O-4167 (1941), o-4267 (1942 7 and O-5981 7 1944 f e In Attorney General’s Opinions a-810 (1939), ~~ 0;6399 (1945) and v-738 (1948) it wm held t&t the aounty cduld net legally pag’the traveling expmaer of sheriff8 attendInS the FBI. school, various aeeoclatione OS county officials attending their conventions and of County’hOlpiUl~ adainirtrators attendfPag~hospital‘ad~~ifstr8toi’E’cO~vvcmn~ tioh~, ebCh of these respectively. ‘kch’ oS”th9#@ opidfons based Its conclusion on the fact that the COmml88lQners” Cihrt was a court of limitrld jurirdiotfon ahd h&d ohlg uuch p&era Bs are ConfcmW upon it’ either bfb%&re,8bb tWW nor by n6cesaary lhplicatlon and that th@ LtatUtOfy prbvi.lions authorizing the payment of trrvel expense’~by’ the.oouhty~‘maS not broad lnotigh,to include the expenses under considera- t&on;’ Therefore, Attorney~Oeneral’s Opfnionu 0-810,’ O-6399 and V-738 do not apply to your fact situation, It is to be-nbted that in deterUninS’whether t%%vel is included pursuant to the general appropriation Billy ie or “state buelnesa” the‘questfon to be decided fir whether theresult 1~ the a~complisbment bf b govern- osntclI~~cti6n’and:that the wanll and ‘methods adopted 16 reasonably- necessary’. Since the trainflag described fn ‘your letter will be directly and substantially used to facilitate the operation of the JBI equipment to be used by the Board of Insurance Commissioners, It is our opin- Honorable John Oaorio, page 4 (W-83) ion that the proposed travel is for *state bueinese”. Wnct Buch trip’wT11 result id the aCcompllahrPeht of &ovtrnRentbl functioni entrusted to th& ttnplplo~eeband will bci of a SubStaiXXal alad d1rect~beniM.t td thti BoUU of InbWanke Commld~l6~trs S You bre* therefore; advldbd that the proposed ttiavtl expense U outlunOQ In your re- quest $8 authoriced: Payment 0f’traveP expen*ee to b state employee in charge of IBM machine6 while attending the trsin- ing school fn the operation of such machines~ls authoriaed. Yours very truly, WILL ulzson Attorney deneral 76ohn Reeves JR:& Asrlstant APPROVBD: orI?fIon~ COWITTBI 2ii.i:: Chandler