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
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