R-711
AUWX-IN 11. TEXAS
August 19, 1947
Eon. M. B. Morgan, Commissioner
Bureau of Labor Statistics
Capitol Station
Austin, Texas Opinion Ro. V-353
Re: The necessity for elected
officials and those ap-
pointed subject to 3en8te
confirmation to obtain re-
ceipts for lodgings in or-
der to include such items
in their travel expense
Dear Hr. Morgan: accounts.
Your letter of August 1, 1947, presents for
the opinion of this office the following question: Is
it necessary for elected officials of the State and
those appointed, subject to confirmation by the Senate,
to submit receipts for hotel billa in connection with
travel expense?
Section 2, Paragraph g, Subsection 11 lf the
regular biennial appropriation, beginning September 1,
1947, and ending August 31, 1949, provldea as fellows:
“g . All employees traveling at the ex-
pense of the State are hereby llmlted to the
amount of Three Dollars ( $3 D00) per day for
meals and a total. of Five Dollars ($5.00) per
day for meals and lodging, it being speclf-
lcallg provided that the employees shall ob-
tain receipts for all Items of expense claimed
except meals, and shall file such receipts
with their duly itemized and sworn expense
accounts; provided, however, that the meals
and lodging limitations Imposed by this 3ub-
section (llg only) shall not apply to any
elected State official nor to any appointed
State official whose appointment Is subject
to Senate confirmation, when traveling in or
out of the State. *. “(Vernen 1a Texas Session
Iaw Servbe , p. 937)
Hon. lb B. Morgan, Page 2, ,V-353
We think under the expressed terms of the fore-
going provisions of the Appropriation Bill that the an-
swer to your question is in the negative. The bill spec-
ifically states “providing. however. that ,the meals and
lodging-llmitatiohs imposed b$ this-Subsection (llg only)
this obviously refers to the Three .($3.00) end Pi6
($5.00) Dollar limitations Q Robwhere, however, is there
any statutory requirement that elected State officers
and those appointed, requiring Senate confirmation, ob-
taia end fLle receipts for any items of expense in con-
nection with lodging or hotel bills while traveling in
or out of the State.
All ‘are required, however, i’ncluding elected
officials or appointed officials requiring Senate con-
firinatlon, to give the name of the hotels, restaurants,
etc. at which meals and lodging are secured as provided
in subsection b of 3ection 12 of the general provtsion
of the Appropriation Bill nhich is as follows:
“The names of hotels, restaurants, etc.,
at which meals and lodgkng are se,cured shall
be given in every case.
You are, therefore, respectfully advised that
elected State officials, and appointed State officiala,
requiring confirmation by the Senate, are not required
to secure and file receipts with expense accounts for
hotel end lodging bills, but are required to give the
name of hotels, restaurants, etc. and the aswnt &Urged
for such expense. All other State employees are re-
quired to get receipts for hotel and lodging expense
end submit the same with expense accounts and this re-
gardless of the exemption.from the Five ($5.~00) end
Three ($3.00) Dollar limftatlon while on official busl-
ness before Federal agencies in WashIngton.
SUMMARY
“Under the terms of the General Provl-
sions of Appropriation Bill applicable to
the biennium beginning September 1, 1947,
State elected officials and State appointed
Hon. He B, Morgan, Page 3, V-353
officials whose appointments are required
to be confirmed by the Senate are not re-
quired to secure and file with their ex-
pense account, bills for lodging, but are
only required to give the name of the ho-
tels, restaurants, etc. and the amount of
the expense Incurred. All other State em-
ployees are required to secure end file
with expense aacounts receipts for hotel
end lodging, and this regardlesa of whether
incurred in Washington on official business
or elsewhere e
Yours very ‘truly,
ATTORNEY
CJRRRRAL
OR TKIKAS
L. P, Leller
Assistant
APPROVED ,. ,
LBL:mrj