~-16
@E’l?ICE OF
.Tm &TORN&YGENERAL
PRICE DANIEL
*nORKeu GENSRAL
January 14,,1947
Hon.~MarshallHarvey, Secretary-Treasurer
Texas State Board of Chiropodygxaminers
1109 Avenu6 K
.Lubbock,Texas Opinion No. V-16
Re: Whether members of the
Texas state Board 'or
ChiropoayWneFs are
entitled to compensatioh
for time taken in travel
to ana from Board meet-
ings, under the provis-
ions of Article 4674, chs.r-
Dear Mr. Harvey:, . : ‘ 0p0ay Practice Act.
Your request for an opinion dated January 4,
1947, is in substanceas follows:
*The question has a&en among mem-
bers of this Board a number of times as to .
whether Board membeWa?e entitled to com-
pensation for time taken in travel to and
.from,Botird
meetings.
"In cases of most members of this
Board it requires-a day or the greaterpart
.thereof,to travel to ad-from such meet-
ings. Under Article 4574, @iropody Prac-
tice Act of Texas provision is in&&efor coni-
pensation and expenses while actually en-
gageedin the ~serviceor the Board. would
travel to a&l from be'considered Wactually
&gaged in the service of the Board'?
Article 4574 of the Revised Civil Statutes Of
the State of Texas provides as follows:
"Each member of the Board'shallre- :
ceive for his servicesTen ($10.00)Dollars
per day ana necessarytraveling ana inci-
dental expenses while actually engaged in
the service of the Board. The Secretary
shall receive his necessary expenses for
Hon. Marshall Harvey - Page 2
Q
services actually performed for the Board,
for printing, postage and other expenses
necessarilyincurred in administeringthis
law shall be paid from the fees received
by the Board and all expenses shall be
itemized, verified, audited ana an account
kept thereof bg,the Secretary of the Board
who shall pay the same out of said fees
which accrue to it."
Since the statute under considerationprb-
vides that the expenses incurred in administeringthe.
law shall be paid from the fees received by the Board,
your question must be decided on the basis of whether
the expense incurred is an authorizedone within the
purview ~ofthe.statute.
c It will be observed from the abdve statute
that the Legislatureintended that each member of the
Board shall be entitled to "necessarytraveling and'in-
cidental expenses while-actuallyengaged in thenserVioe
of the BoararW 'The State Board of %hiroj%%!ly
Examiners
is entrustedwith the duty or carrying out the provi-
sions of the ChiropodyPractice Act and is empower&J to “.,
prescribe.reasonableor-necessaryregnlations~andby-
laws to govern its proceedingsand activities. -Th&
Board shall adopt all necessary rules to regulate the'
practice of chirbpodyana shall hold meetings at,,least
twice a~y&r and special lheet=pgJi;~!ag~",s~~p&
Board must examine pa licens
the prosecutiotiof al.1persons violating the provisions
of the Act and must pass upon and approve educational
institutions. Further, the Board may, after due hear-
ing, refuse to grant or,*new and may revoke any license
issued under the provisions of the lathupdn evidence of
misconduct. Travelingexpenses, therefore, of a Board
member may be allowed only if such attendanceiisQi di-
rect relation to his~prescribedduties. It is believed
that a member travelingto and rrom an authorizea.?eard
meeting is actually engaged in the serVicd of the Board.
To properly function, it is necessary that the Board
have adequate policies and-regulationswhich'ati formu;
latea by the State Board of ChiropodyExaminers; It'
would appear that dtehdance at a Boara~meeting,whioh
necessitatestravel to and from'suchmeeting &ould be
required of each individualmember-intodischarge prop.erly
the auties,imposedupoll,the.BoaMby the Chiroptiddy P&$-
tice Act.' 7% seems that the sttittite
eviaences a.1egi.G
lative intent.that%raveling expenses incurred in trav-
Hon. Marshall Harvey - Page 3
cling to and from meetings of the BOara are actually in'
relation 'tothose servides renabred by the Board of Chir-
opody Examiners.
1!.
Therefore, your question should be ans+rea
in the affirmative.
Members of the'iezkati
Stat6 Boar&of
Chiropody Examiners are actually engaged in
the service~of the Board in travelingto and
from authorize& meetings of the Board pur-
suant to Article 4374 of the Revised Cjvil
Statutes of the State of Texas, ana are en-
titled to necessary travelingexpense.
.
Very trury yours
ATTORNEY GENERAL OF TEXAS
BW:WB
APPROVED 'APPROVEDJANUARY 14, 1947
OPINION COMMITTEE
BY: Bwl.
mm
ATTORNEY GEXERAL OF TE&',
,.
r
.~~ .,