Untitled Texas Attorney General Opinion

Hon. J. W. Wgar Commissioner of Education Texas Education Agency Austin, Texas Opinion No4 V-1301 Re: Legality of paying salaries and traveling expenses of vocational teacher trainers employed by the Texas Bduca- tion Agency while teaching at State supported colleges Dear Sir: or universities. In your letter requesting an opinion of this office you state the following: "We desire an opinion of your office aoncerning the legality of paying salaries and traveling expenses of vocational teacher trainers employed by the Texas Edu- cation Agency while such vocational teacher trainers are conducting classes on the oampus of a state supported aollege or uni- versity. “Bach year the University of Texas and the A & M College of Texas hold a joint six-weeks summer sesslou particularly for teachers of trade and industrial subjects and for coordinators of Industrial coopera- tive training. Each summer the staffs of both these institutions join together to provide the specialized training given 1x1 the summer session, and it ls held alter- nately at Austin and College Station. OflY trade and industrial teachers or Individuals possessing the basic qualifications required of such teachers are admitted to such class- These courses of Instruction are not ti&entional courses, and until about 1947 . . Hon. J. W. Edgar, Page 2 (V-1301) did not carry college credit of any de- script ion. Since that time both A & M College and the University of Texas have exercised their privilege of granting credit on any course that they deem prop- er and have placed these courses among those for which credit is given. “The training given in these sessions is a projeat of the State Board for Voca- tional Education of the Texas Education Agency carried on by one of its employees. The employee is given this assignment be- cause the training of coordinators is a part of his job. Meetings are held at A &e M College or the University of Texas con- current with summer school because facili- ties are available during this period and b&cause the participants are available with- out making a special trip. Originally tbsse sessions operated six to eight hours per day for two weeks. When operated in conjunc- tion with summer school, they are operated for three to four hours per day for six weeksen Article 2658, Vernonts’Civil Statutes, the statute under which you acted in assigning an employee to teach at the joint summer session mentioned in your request, provides: “He ,@ommissioner of Educatio&&7 shall inform himself concerning the educational progress of the different parts of this State and of other States. In so far as he may be able, he shall visit different sections of this State and address teachers’ institutes, associations, summer normals and other eduaa- tional gatherings instruct teachers and arouse educationa i sentiment; and the Legis- lature shall make adequate appropriation for necessary traveling expenses, or those of his representative, when in the service of the State.” In Attorney General’s Opinion O-1934 (l%), the above statute was construed, and it is there stated: _” . Hon. J. W. Edgar, Page 3 (V-1301) “We construe the first portion of the second sentence of such Article as permitting the State Superintendent of Public Instruc- tion, or his authorized representative, to visit different sections. of the State and ad- dress teachers’ Institutes associations, summer normals and other educational gather- ings of a similar nature to those previously enumerated, for the purpose of instructing teachers and arousing educational sentiment. “This Article furnishes authority for incurring traveling expenses for the purposes enumerated therein. By necessary implication, there is granted no authority to the State Superintendent of Public Instruction or his representative to travel at the expense of the State for the purpose of addressing gatherings other than educational gatherings of a charac- ter similar to teachers’ institutes, associa- tions, and summer normals. . . .* The sessions which you describe in your request are in the nature of summer normals, since they are held for the purpose of training “trade or industrial teachers or individuals possessing the basic qualifications re- quired of such teachers.” Certainly the persons assigned by you to the summer sessions were instructing teachers, and in either case the activity would come within the pro- visions of the above-quoted statute. Under the stated facts, the employee in question is not employed by The University of Texas or the Agricul- tural and Mechanical College of Texas, nor does he receive any salary or compensation from either school. We are of the opinion that he does not hold any position of honor, trust or profit in one of these institutions within the meaning ~of Section 33 of Article XVI, Constitution ofTexas, which forbids the issuance of a warrant to a State employ- ee who holds any other position of honor, trust, or profit under the State. Therefore, the payment of his salary and traveling expenses is not in violation of this constitu- tional provision. The Legislature having made adequate appropria- tion for the traveling expenses involved and the Cormpls- sioner of Education having express authority to send his representative to the joint summer session in question, ,’ _ Hon. J. WI Edgar, Page 4 (V-1301) the salary and traveling expenses of the vocational teacher trainer in question may properly be paid. The salaries and traveling expenses of vocational teacher trainers employed by the Texas Education Agency may be paid while teaching a summer session for teach- ers of trade and industrial subjects, held at a State supported college OT university. Yours very truly, APPROVB): PRICE DANIEL Attorney General C. K. Richards Trial & Appellate Division Everett Hutchinson BY f* Executive Assistant E. Jacobson Assistant Charles D. Mathews First Assistant EJtwb