Untitled Texas Attorney General Opinion

I'RICEDANIEL ATTORNEYGENERA,. October 1, 1947 Hon. Geo. H. Sheppard opinion Ho. v-394 Comptrollerof ?ublic Accouuts Austin, Texas Re: Legality _. of ^ the- in- ; cumxon or mea18 ana lodgings in Austin on the ex- pense accounts of members of the State Board of Eair- dressers ana Cosme- tologists. Reference is made to your recent request for an opinion of this Department which reads as follows: “Senate Blll No. 131, of the Fiftieth Legislatureprovides Par the members oP the state Board of Hairdressersaad cosnetolo- gists to receive $3,600 per gear paya.blein even monthly installmentstogether with actual expenses incurred in the performance of their officia~lduties. "Please advise iP the members of’ this Board can be reimbursea for meals and lodg- ings, in the city of Austin, in which Is located the Boara of Hairdressersand Cosne- tologists." Senate Bill No. 131 of the 50th Legislature, 1947, amended Section 7 of Article 73&b, V.P.C., to read as follows: 'The members of the Boara shall each receive a salary of Three Thousand Six Hundred ($3,600.00)Ddllars per year, pay- able in equal monthly pagrents, together with aotual expenses incurred in the per- formance of their official duties, pro- viding such expenses shall be allowea if and when waited, approved and allowed by . . Ron ; Geo. H. Sheppard - Page 2 (V-394) the State Comptroller. Such salary ef the Board members ana the Executive Setiretarg as well as all other expenses incidental to the discharge of their duties, shall be allowed, includingreasonable expenses in attending schools for the purpose of taking post graduate coumes in beauty culture only and attending conventionsof beauty culturists,both state and national;'pro- viding in no eveht shall such expenses for shy 0ne Board member exaeed the sum of One Hundred ($100.00)Dollars for any one con- vention or post graduate course attended within the State nox more than Two Hundred ($200.00)Dollars for any 0ne conventionor post graduate course attended out of the state; provided that no more than one mem- ber of the Board shall be absent Prom hia regular auties wasa BOara meviberat any time PIP the ,gurpose,oftaking such post graduate work only 'andthat no Board member shall attend (or take) ~0~4 than ones(1) such post graduate c0ume duping any one (1) calendar ear extenaihg over not more than a two (23 weeks period. All salaries and expenses shall be paid out of the,Ptuu¶ in the State Treasury to the credit of the Texas Board of Cosmetologyon requisition signed by the President and Semetary,of ;;;l;;.r$ and a warrant of the State Comp- . In Item 18 under title State Board of Halr- dressers ana Cosmetologistsof the general appropriation, there is an appropriationof $6,000.00 for Board members' travel expense. Under the general provisions of the Approprl- ation Dill OP the 50th Legislature,1947, Subsection "b" of Section 11, we find the following: "The Comptrollershall not pay, and no State officer 0~ employee of any of the depart- ments or other agencies oP the government shall include in his traveling expense account any amounts for reals and/or lodging incurred with- in the oity OP town where such,offioer or such employee is stationedsSuch enployees as are stationedaway from their main 0?'fi0eoF Eon. Geo. H. Sheppard - Page.3 (V-394) headquarterswho are not allowed traveling expenses where so stationed shall be allowed such expenses when called to their main of- fice.' In your letter you do not state whether the Board members are residing in the City of Austin or not. But inasmuch as the Board of Cosmetologyhas located the office in Austin, we assume that all the Board mem- bers reside in Austin. On January 27, 1917, this De- partment rendered an opinion to the Chief Deputy Game, Fish and Oyster Commissioner,who was living in the City of Austin, which stated as Pollows: "In our opinion the items in the various appropriationbills providing for the payment OP traveling expenses relate only to the expense of any officer or em- ployee while on the road traveling on busi- ness of the State away from the office of such department and from his place of abode where such department is located, and there is no authority in law for allowance of any living expense account of any officer or employee while he is in the city OP Austin under the guise of a traveling expense ac- count." (A. G. Op. No. 1700, Bk. 40, p. 442) Since the Board members are now on a salary basis and in view of the foregoing, it is the opinion of this Department that the members of the Board of Cosme- tology cannot be reimbursedfor meals ana lodgings in the City OP Austin. SUMMARY Members of the State Board of Rair- dressers and Cosmetologistsliving in Austin cannot be reimbursed Por meals and lodgings in the City of Austin, their office being located in that city. APPROVED: Very truly yours ATTORREY GERERAL OF TEXAS FI ST ASSISTANT AT ORREY GERERAL "h7""$"" "4SeF Assistant BA:djrn