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.OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
OROVERSELLERS
ATr0RNr.Y
GENCRAL
Eon&able John Oould, Chairman
Texas State Library and Historioal Commission
Wichita Falls, Texas
Vtate bus
We acknowledke re
reeds as.rollows:
Ristorical Commission i
would ilk ou on a problem now
n$ spplioetions for
After eliminating a num-
imaining five whose appli-
ana a ohoioe
among these. Ifembers of the,
ke a.eelection without
diaates personally.
roprlation includes a $1200 item for
es. The Commission would like to know,
8 fund oan be used to pay the traveling
of applicants who are Invited to Austin by
if that is not permitted,.o*n the Commis-
sion use t;e fund to pay the expenses of bne of its
members who would be designated to visit the applicanta?
*~%I.1of the five remaining applicents reside out-
side of Texas.
Ve will apprecffite an opinion from you st your
earliest oonvenienoe.
.Y 757
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Eon. John Gould, page 2
The 39th Leglslsture, at its regular session in
1945, a proprlated $1200 for eaoh of the years ending August
31, 194B and August 31, 1947, to the Conmission for “travel
olpenseaW. Seotion 11 of the same appropriation Ml1 ooataine
the r ollowing provisions t
*s!. 80 traveling expenses shall be olalmed,
allowed, or paid unless incurred while traveling
on State business. . . . .
“d. l?o traveling expenses shell be incurred
by any employee of any of the departments, or other
agenoies of the government, outside of the boundar-
lea of the State of Texas, except ror State business
and no suoh expenses shall be paid from State appro-
priations or out of any local or auxiliary funds by
the State Comptroller to an employee of any agenop
oi the Government until and unless a -written state-
.ment , signed by the Attorney Gsneral, advising that
the purpose 04 the proposed trip, in his opinion,is
.for said State business purposes; whioh written
opinion shall have been filed with the disbursing
ofrioer, of such respeative agenop of the Government.
. . . .. .
eg. .All employees traveling at the expense of
the State are hereby limited to the amount of Four
($4.00) Dollars per day expenses for meals and lodg-
ing ; l . . .
Y. 33 ia expressly provided that the provisions
. of Subsection llg or this Act with reference to llmi-
tation of amcunt or traveling expense shall not applg
to the Govc:rnor , the Lieutenant-Governor, and the
members of CorzvLssions. who receive no salary Eer _
diem, when traveling in or out of the State. . . .”
IUnderscoring Ours+
The Texas State Library and Historical Commission,
whloh is composed of five persons appointed. by the Governor, by
and with the oonsent of the Senate, reoeives no salary or psr diem
Bon, John @Uldj $aC;e 3. ,.:. ., -z .. ;,
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When travelin: in or out 02 the State* but cnly $5.00 per day: ,_:
and aotual.expens&ti incurred when attending the ennual~meeting ,~
and speoial called meetings. Art. 5434, v. A. c. s. 0118or, .:
the principal duties oi'your GoPrmissicn is with reference 'to
the election of a.State Librarian. The quall.?loatlons of suoh
an employee are set out in Artiole 5440,'V. A. S. S.', whioh
reed&as foliowe:
eZ!he Comaisslon shall elect a State Librarian,
not of their number, who shsll b8 s man or woman of
at least one year's training in a library school end
at leest three yesrs ' ~admlnistretive experience as
head,or @'free public or institutional library, or
a.8 an assistant of high rank in such library. Said
Librarian shall serve at the will of,the Commission
end shall give~bond Inthe sumof five thoussnd
'dollars for the proper oare of the State Library and
_. Its aqulpment. Ee shall be allctied his aotual ex-
Bensea when,traveling in the servioo'oi the Cormis-
slon, on his sworn eooount showing suoh expenses in
detail.8 :
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vie do notbelieve that the moneys'appropriate@ ror
$ravelirig ~expenses of the Commission oan be used to pay the travel-
ing expenses of app~lioants for the job 0,+ Stete~ Librarianfor the
reason that they sre neither agents nor employees of the Soard or
.of ,the Stete.. It could hdrdlg be said that their trips to Texas,
oonstltuted "State business"; however, ~8 are oi the opinion that
e,member of the Boera, when authorized by the Board to Interview
certain applioants,who are non-residents a? 'Texas, would be '. :
engsged ih &State business* when traveling for that purpose. It
might not only be advisable but highly desirable to personally
interview an applioant in order to ssoertain whether his qualifi-
9etlons ana rdm2nistrative experienoe were sufl'ioient to meet
statutory standards. The statute, by setting up standerds which
the Commission must observe in the election cf a State Librarian,
I%mits the discretion o;P the Commission to that extent and implied-
ly authorizes the Commissioa.'to do what is reasonable aad necessary
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io erform its duty under the statute.’ YOU are aooordizgly :
advP.sed that if a request is made of the Attorney General for
ipproval oi (I proposed trip by some member of the Commission
far the propose stated in yo,~. Letter, he will approve same .
ai being for “State ‘CusIneas.W
Trusti& that the foregoing answers your inquiry, .,’
Youra.rery truly,
ATT- GXX’ERAL
Ok TEXAS
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