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