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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
HO& w. Lee O’rnnlel
oorcmmr of Texar
Auustin, Texas
Dear Sir:
members if the St atsBiwrd\qr Barber
letter M”September
8 dspartmnt upon
ber’spends a portion
coupatlon, is he en-
for that day?*
time required to perrorm the senloe.
where a statute fixes an ofrloer’s compensation
at a oertaln mm per day, mah ofrlosr, perronulng any
eubrkmtlal senloe on a particular dar, has a right to
reoeire hla per diem compmwation for that dar, regardleas
or the hmgth or time required rm the perronnanoe 0r the
5-
Ron. W. Lee O’Danlel, Page 2.
rerrloe or duty. State 18. Hum, 102 *ash. 328, 172 mo.
1147, 1 A.L.R. 274 and note.
The statute proriding lor thr oompensatlon of the
members of thr State Board of Barber Examiners reads as fol-
lows:
*The oompensation of the members of the Board
shall be a per diem or Ten ($10.00) Dollars per day
for saoh day, eroluslre of Sunday, when perrormlag
their duties et the main cftloe in Austin, Texas,
and Ten ($10.00) Dollars per day inclusive 0r Sun-
day, when performlng their orfloial duties when
away from-the main oftioe In Austin, Texas, and In
addition to the pe.r diem provided for herein, they
shall be entitled to their aotual traveling expenses,
Bach Board member shall z&e out, under oath, a
oomplete ltanlzed statement of the number, of days
engaged and the amount of their expenses when pre-
senting same ror paynent.”
It results iron this provision .of the law (a portion
0r Seotlon 27 0r Article 7Ma, Vernoa’s Saylee Revised Cl?11
Statutes) that the members cf the Board may not reoeive a
per dlam for Sunday sertloes performed at the main orrloe In
Austin, Texas, but may receive a per diem for Sunday servicer
when perrormlng their cfflolal duties away from the main
orrloe at huatln, Texas.
Your third question reads as hollows:
“(5) In a Board Yambsr who does not attend
the regular monthly Board meeting in Austin entitled
to reoelte per diem, even though he perrorms hi8
prseorlbed dutle s elsewhere?W
The authority of a Board member to reoelre his
per diem compensation for sarT1ces perrormed away from
the main ofrloe at Austin, Texas, doer not depend upon his
attendance oi the monthly meetings of the Bceird at Austin.
Ii, on the day that the monthly meeting of the Board 1s
held in Austin, one or the members should happen to be
performing his orrlolal duties away rrom.the main 0fri0e
at Austin, Texas, he will be entitled to his per diem for
that day’s aervloe, but not, of oourae, to hla per diem
ror that day’s service away from AUatln and alao bother
Hon. W. Lea O’Danlal, Page 3.
per dim ior duties periormed at the main orrloa in Austin.
Your fourth quaatlon reads as rollcma:
“(4) What authotity la required by the
Comptrollar and Treasurer for the payment or
money out of the State Board of Barber Exdmlnera
Fund, auoh money to be used for the payment of
per diem, salaries, and traveling expeaaea?n
the outset,
At wa may observe that neither tha
Comptroller nor the Treasurer .hss any authority to pay
any money out of the State Board of Barber Examiners Fund,
axoept suoh as 18 appropriated out of that fund by the
Leglalntare under the terms of the departmental .approprfa-
tlon bill. A apeolal funl la not available as such, but
Is only arallabla to ths extent of and within the llmlta-
tlona Imposed by the general law and the departEanta1 ap-
propriation bill. Ualeaa, therefore, tficlrr is an approprla-
tlon ror the Item ror which payment la requested to be
aads, no warrant may be drawn by the Comptrcller for the
payment of auoh Item.
Clalma for the payment of per diem, salaries,
and traveling expenses, out af tha appropriation made
for the State Board of Barber IExaminerS, must, at the out-
est. be presented to tha Comptroller in oonformity with
Article 4355, B.C.S. 1925, as amended, Acts 1951, 42nd
Leglalatura, p. 400, Ch. 243, rhloh read8 as follows:
“All olalma and aouounta against the State
shall br submitted on Norma proaorlbed by the
Comptmllar and In duplloata, when required by
him, exoept olalms for pensions, and shall ba so
prrpared ab to provlde for tha anterlng thereon,
ror the use of the Comptroller*8 Department, as
well as other appropriate matters, the following:
“1. Signature of the haad of the department
or other person responsible for lnourrlng the
expend1 tura .
“2.
Appropriation number, aoooant number
and fund to ba ohargsd.
‘3. Inltlals 0r the person asoertalnlng ii
there are funda arallabla.
lion. 1. Lee O*Danlel, Page 4.
*4. Inltlala of the p er soludltlng
n the
olalm.
*s. Wumber and date of warrant laaued.
“6. Inltlala of the person oomparlng the
olalm and warrant.*
In prraentlng a olalm to the Ccsnptroller for the
iasuanoe oi a warrant for per diem and trarellng expenses or
Baard members, eaoh Btnrd mamber, in ooflormlty with the pro-
rlalona Or Seotion 27, Art1014 734a, Vernon*8 Saylea Revised
Civil Statutes, mast make out and present under oath a oom-
plate it~lzed atatcanent of the number of days engaged in
the periormanae of his oifiolal duties and the amount of
his expenses incurred. With reapaot to all olalma ror trarel-
lng expenses, the tollowlng provisions of the rider appended
to Senate Bill 427, hot8 of the 46th Leglalature, Regular Sea-
alon, must be obserredr
“(i) The rollowing rules shall be observed
by all State ,employeea in rendering their expense
aooounta before any expense aooount shall be paid
iron approprldtlons herein made ror traveling ox-
pens48 :
“1. There must be a oonolae statement of
the duties perrormad, aad tha points rrom whloh
the employee travels rrom the dealgnated post of
duty and all otbsr towns rlalted and the objaot
of luo h+lelt and of the apeolilo expenses lnour-
red.
m2. The name or hotel, restaurant, board-
ing or rooming house at whloh meals and lodging
are proourad shall be given in every oase where
a reoelpt la required ander this Aot.
“3. The name of the transportation agenoy
used sad the cost of the tloket purohaaed, toge-
ther wlth a signed r4Oeipt for the same.
‘4. fess, as tips to .waltera on dining oars,
or at hotels QT reatauraats, shall not be paid out
0r State roads. ...
Ron. W. Lee OtDanlel, FJage 5.
“(51 Exoept as otherwlaa apaolflaally ox-
ampted, the provisions of this Aet shall alco apply
to department heads and members of oommlaalona.~
Seotlon (a) of the rider provides:
‘Ally anployeea traveling at the expense of
the State are hereby llmlted to the amount of $4.00
per day expenses for meals and lod~lng; It being
8p4OlflOally provided that the employee ehall
obtain reoelpta for all amounts expended for all
items ooatlng in exoeaa of SOf each, and shall
file said reoelpta with their axpenaa aooounta,
whloh expense aooounta must be duly lta%lzed and
&worn to; and tha State Comptroller la hereby ax-
pressly prohibited from paying any expense aocounts
rhloh are aot ltemlzed and aworn to and aooompan-
led by reoelpts as herein provided. St shall
be the duty of the Beard of Control of this State
to rurnlah to all ~ployeea or the State covered
In this bill necessary forms for the printing of
suoh reoelpts.*
With reapsot to olaina for the lasuanoa of mr-
rants for aalarles of the employees of the State Board of
Barber Exemiaera, the requlaltloa should be made on iorma
preaorlbed by the Comptroller under the provisions of
Art1018 4355, above-quoted. In addition, there must be
a full oompllanoe with the provision8 of the rider to
Senate Bill 427, denominated 3alary Faymenta,a whloh pro-
vldea as roll-s:
“No salary for which an appropriation IS
made herein shall be paid to any parson uhleaa
auoh -person actually dlaohargas assigned duties.
Dory month the head of eaoh department shall
attach to the payroll ror his devirt;lent an
artldavlt, tier oath, stating that the persona
listed In said paproll actually performed thb
duties for whloh they were being paid. The Camp-
troller shall not Issue warrants for the payment
of salarlea listed on said payroll unless this
affldarlt la filed ulth him. Eaoh department
head shall number oonaeoutlrely the salaried poal-
tlona in his department for whloh an approprla-
tlon la made herein (sit&r out of the gOa4ral
reveaue fund, tees, reoelpta, apeolal ruada or
l 1
9
Ron. W. Lee O*Danlel, Page 6.
out of other funds available for use by said de-
partment) and opposite the number of the position,
he shall sat out the title of the.posltfon and the
naze of the parson employed to fill the same.
This statement shall be riled with the Comptroller,
who shall, when lasulng his warrant to any anployee
In payment of salary due said employee, nunber the
warrant with the same number that 1s asdFned to
the position Hilled by said enployea. Every depart-
zzent head shall notlry the Comptroller ln writing or
any ohanges In personnel In his department. This
provialfxa shall not apply to seasonal help, and
shall not prevent persona drawlag their ealary
warrants during authorized taoation perlods.W
Trusting that this furnlshea the desired lnforma-
tlon, we are
Yours very truly
AlTOENEY G’EnRRALGF TEXAS
R. W. Fairchild
Assistant
RWF:pbp