October 20, 1971
Honorable Jess M. Irwin, Jr. @illiOll No. M-978
Commissioner
Texas Rehabilitation Commission Re: Transportation allow-
1301 West 38th Street ante for certain em-
Austin, Texas 78705 ployees.
Dear Mr. Irwin:
Your request for an opinion asked the.following
question:
Way the Commission, under the -provi-
sions of Article V, Section 61, fourth un-
numbered paragraph, Senate-Bill No. 11,
Regular Session, ‘Sixty-Second Legislature,
1971, set monthly transportation allowances
for those employees identified as ‘an em-
ployee whose duties customarily require
travel within his designated headquarters’
witho’ut the requirement to report bus fares,
taxi’ fares, car rentals, and/or mileage for
use of personally owned automobiles?”
The Travel Regulations Act of 1959 is the.pre-
existing law governing payment of travel-expenses. Its
Sec. 8, codified as Sec. 8 of Article 6823a, Vernon’s Civil
Statutes, reads as follows:
“#Anemployee whose duties customarily
require travel within his designated head-‘
quarters may be authorized a local trans-
portation allowance for this travel. Such
allowance, however, shall.never exceed the
transportation allowance for use of a pri-
vately owned automobile as set.by the Leg-
islature in the General Appropriation Acts.”
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Honorable Jess Mc Irwin, Jr., page 2 (M-978)
The pertinent provisIon of Section 61 of Article
V of the.current General Appropriation Act* reads as follows:
“Under authority of Chapter 231, General
Laws, Page,S23, Acts of the.S6th Legislature,
Regular Session, 1959, (Section 8, Article
6823a, Vernon’s Annotated Civil Statutes) the
Texas.Rehabilitation Commission is authorized
to pay. an employee whose duties.customarily
require travel.within his.designated.head-
quarters.a local transportation allowance for
this,travelr This,monthly trans ortation
allowance for the.individual.emp Poyee shall
never exceeds the transportation allowance
for use of a.privately.owned automobile as
set-by the Legislature.in the General.Appro-
priation Acts. Said allowance -shall be
approved by the State Auditor.”
Section 8 of Article 6823a.specifically.limits
transportation allowances.within.designated headquarters to
that authorized for use-of privately owned.automobilesi Like-
wise, the above quoted rider limits.trans ortation allowances
to -the allowance authorized for use-of pr Pvately owned auto-
mobiles. The transportation allowance for rivately owned
automobiles~for the current fiscal year is s .lO per mile. Set
Section 12 of:Article V, current Appropriation Act.
Therefore, the transportation allowance authorized
under Section 61.of Article V ls.limited to $.lO per mile.
In other words,-it is our opinion that you are not
authorized to set.a flat rate.of transportation allowance in
lieu of payment of transportation expenses.
” .SuMMARY
Section 61 of Artic1e.V of Senate.Bill
No. 11, Acts of the 62nd Legislature5 Regular
*Acts 62nd Leg., R.S., 1971, S.B. 11, as.amended by
Acts 62nd Leg., 1st C.S., 1971, S.B. 7,.
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Honorable Jess M. Irwin, Jr., page 3 (M-979)
Session, 1971 (General Appropriation Act) does
not authorize the payment'of a flat rate of .
transportation allowance in lieu of transpor-
tation expenses incurred.
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ivan Williams
Roland Allen
Mike Stork
Ben Harrison
SAMMCDANIEL
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLAWHITE
First Assistant
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