IEATIITORNEYGICNERAX.
OF’ TEXAS
Aunmlv. TRXAS 78711
October 29, 1974
The Honorable George W. McNeil Opinion No. H- 435
State Auditor
Sam Houston State Office Bldg. Re: Airline security charge
Austin, Texas 78711 as part of airline fare
in determining mileage
Dear Mr. McNeil: reimbursement.
The Appropriations Act for fiscal 1974 and 1975 (Acts 1973, 63rd Leg.
ch. 659, p., 1786), in Section 12 of Article 5, governing travel allowance ,,
for state employees, authorizes the use of personally owned motor
vehicles even where commercial airline service is available, with the
following limitation at p. 2204:
The maximum reimbursement for out-of-state
transportation for the use of personally owned
motor vehicles shall be that amount that the employee
would have incurred had he taken the lowest available
airline fare plus the per diem necessary to complete
such flight. The determination of the allowance due
owners of personally owned motor vehicles in compli-
ance with this paragraph shall be as follows: (1) Per
diem shall be determined by the use of an airline
schedule which would have sufficed for the performance
of the official business. (2) Expenses of transportation
to airfields from points where commercial air transpor-
tation is not available.shali be allowed in,addition to the
cost of the lowest available airline fare. (3) When
additional passengers are conveyed in out-of-state trips
in personally owned motor vehicles, they shall receive
as their expenses per diem based on motor vehicle
travel time. (4) Persons traveling to points not served
by airlines shall receive mileage and per diem based on
actual miles traveled and other expenses as authorized
elsewhere in this Act for out-of-state travel. (emphasis
addedJ
p. 2012
The Honorable George W. McNeil, page 2 (H-435) .’
Due to events of recent history, security procedur=es have been instituted
at our airports and the expense of those procedures, initially paid pro
rata by the airlines using the facility, are passed on to passengers by
means of a surcharge appearin,g on their, tickets in addition to the usual
fare and taxes.
You have asked whether the security charge is an element of the
lowest airline fare available so as to enter into the computation of reim-
bursable expenses for the use of a per=sonal motor vehicle.
It is apparent, from the language we have quoted above, that it was
the purpose and intent of the Legislature that, while an employee would
be permitted to use a personal motor vehicle in out of state travel,
regardless of the actual expense incurred, he would be reimbursed only
in the amount he would have incurred had he taken an airline and paid
the lowest available fare. The limit is what it would have cost the
employee had he used commercial airlines, including per diem, ground
transportation, any taxes on airline fares, and any other charges which
he is required to pay as part of his transportation. The security sur-
charge falls within this category and should, in our opinion, be con-
sidered in determining the maximum amount which an employee may
be reimbursed for use of his personal vehicle for travel where airline
service is available.
SUMMARY
The security char=ge added on the air fare is
part of the expenses au employee would incur
when traveling at tbe lowest available airline
fare and, therefore, should be considered in
detemining the maximum amount of expense
for which he may be reimbursed when using a
personal vehicle.
JOHN L. HILL
Attogney General of Texas
The Honorable George W. McNeil, page 3 (H-435)
DAVID M. KENDALL, Chairman
Opinion Commi.ttee
po 2014
Untitled Texas Attorney General Opinion
Combined Opinion