JIM MA-X-I-OX August 8, 1990
AmmxEY GENERAI.
Honorable Benjamin Euresti, Jr. Opinion No. JM-1204
Cameron County Attorney
Cameron County Courthouse Re: Whether an uncompensa-
974 E. Harrison Street ted commissioner of a coun-
Brownsville, Texas 78520 ty housing authority may
receive mileage credits
attributable to authority
travel (RQ-1979)
Dear Mr. Euresti:
You ask four questions regarding the use of airline
mileage credits accrued by commissioners1 of the Cameron
County Housing. Authority (hereinafter the authority). The
credits are attributable to travel on behalf of and paid for
by the authority.
You first ask whether a commissioner may use such
credits for his personal use. Chapter 392 of the Local
Government Code governs county housing authorities but
contains no provisions directly relevant to your inquiry.
However, section 392.035 denies commissioners any com-
pensation but entitles them to receive reimbursement for
necessary travel expenses. That provision, prior to its
codification in the Local Government Code, was strictly
construed to disallow.payment of a monthly travel allowance.
Housina Auth. of Harlinaen v. State ex rel Velasauez, 539
S.W.Zd 911 (Tex. Civ. App. - Corpus Christi 1976, writ ref'd
n.r.e.). The court emphasized the fact that travel expense
payments are made from public money and determined that the
part of the $50 travel allowance over the amount of actual
travel expenses represented compensation in violation of the
statute. BY extension, that opinion disallows a
commissioner from personally collecting the compensation
1. Although you ask about "board members," "commis-
sioners" is the title given in chapter 392 of the Local
Government Code.
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Honorable Benjamin Euresti, Jr. - Page 2 (JM-1204)
represented by airline mileage credits. Of course, if the
mileage credits could not be used for public purposes, use
of them by a housing authority commissioner would not
constitute compensation.
Also, we note that it is the responsibility of the
authority, not any individual commissioner, to establish an
accounting system with the airlines or travel agency to
provide for the authority to receive the travel credits for
future use by the authority. Absent such an arrangement, we
do not think that a court would find a violation of the
Penal Code. See aeneru State Ethics Advisory Opinion
1984-6 (1984).
Second, you ask whether the use of the mileage credits
should be limited to travel on behalf of the authority. If
the authority can not arrange to have mileage discounts
assigned to the credit of the authority, per se, then the
credits assigned to individual commissioners should be used
for authority travel.
in your third question, you ask whether the housing
authority may request copies of mileage credit statements
from individuals. In the same manner that any employer may
require its officers and employees to account for property
belonging to the employer and in the possession of its
employees, a housing authority may require its officers and
employees to account for its property that is in the posses-
sion of its officers. See also wina Auth. of Harlinaen,
Eaxar at 916.
Finally, you ask whether the authority may sell mileage
credits to the individuals involved. Section 392.056(c) of
the Local Government Code allows a housing authority to. sell
its personal property. Thus, we believe that the authority
is authorized to sell mileage credits earned as a result of
authority travel, subject, of course, to constitutional
requirements that it receive an adequate ouid ore ou 0. Tex.
Con&. art. III, 5 52.
SUMMARY
A commissioner of a county housing
authority is not entitled to compensation.
Therefore, he may not receive airline mileage
credits earned on the basis of authority
travel. A county housing authority may
require that individuals supply copies of
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Honorable Benjamin Euresti, Jr. - Page 3 (JM-1204)
mileage credit statements, where the credits
are accrued from travel on behalf of the
authority. A county housing authority may
sell its personal property, including airline
mileage credits.
JIM MATTOX
Attorney General of Texas
MARYEELIER
First Assistant Attorney General
Lou MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAELBY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Karen C. Gladney
Assistant Attorney General
P. 6377