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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
I
s AUSTIN
Honorabls CsOrge IL Sheppard
Comptroller of Pub110 Aooounte
Au&in, Texas
Dear Slrl
Sor un opinion ot
this department tain traveling ax-
pen80 ai oitioi Tarleton Agrloul-
e letter of Mr.
troller of the Y&n
your opinion upon this
cads as follows:
an you legally approve
ll oPrioia1 or employee or
to speak at eduoatlollel
eroises, eta, within the
se advie. me if, in your 0pinlon,
p approve traveling expsnsea for
r employee of this institution who
renders munioel entertainments at olub meetings,
sohool alesings, and the like. All suoh tripa
would be within the State."
This department has rsndered many opinions upon the
aubjeot of travel expense fipprOVtd. HowaVer, in caoh imtanoe
Honorable George B. Sheppard - Page 2
the answer t0 the question propounded 1s limtted to the par-
titular iad sltuetlon. In meny l.nstanoos~wo have been re-
&red to answer the inquiry br stating that the faot sltua-
tionrr were not eufiloiently detailed in the letter of regueet
for this department to determine whether the trip made or
to be made Is upon State business,
The request of blr. &Mahetn gives no fasts other
than asking if the Comptroller’s OrflOe may legally approve
the expense of an official or employee of that partioular
sohool for travel to epeak at eduoatlonal meetlngm, grad-
uating exerals88, pereone rendering murloal entertaInmen*
at olub meetings, aohool olosinge, eto. This brief reol-
tation does not indldate to ULIthat the attendanoe upon
those oooa#iions, and the entertainment furnished for auoh
oooasions oould’lu any vay be ooneidered State business.
We kuow of no duty upon the State of Term or its eduoa-
tional institutions to furulsh a speaker or entertainment
for club meetings, graduatloa exerolses or eimllar oooaslone.
‘The general provielons of the appropriation bill
for eduoetional lnstitutlona furnish our gUid0 for the ex-
snditurs of the moneys therein appropriated, Submotion
v 6) titled Travellag Expenses mekes provision for the pay-
ment, the limitation of the expen<ure and the method of
handling the reimbursement for suoh expenditure, The last
sentenoe of this rubaeotion reads:
” the expenaee of regents OT diveetore
ahall h’abproved by the Comptroller o? the State
an& the presiding offiaer of the governing board,
and the expensea of all other employees shall be
approved by the Comptroller of the State, pre-
aiding officer of the governing board, ~president
and auditor of the oollegs or lnatitution, showing
oonsent of the governing board and evidenoe that
expenses were inourred on State bueineae, before
paymnt from either State or lootal fund.”
We are advised by the Comptroller’sl otiloe .+&at
the form used by the educational lnstltutions for reim-
bursement, for expenses legally expended upon State business
me substantially the same as the forma used by other State
Departments. Subseotion (6) as quoted above refleots that
Honorable George Ii. Sheppard - Pege 3
the expenditure must have been inourred while on St&e buainese,
The forms prescribed provide a spaoe for the explan8tlon of
the purpose OS objeot of the travel. In eaoh instenoe that
explanation ie to disclose whet buaineee was trs,nsaoted and
,ðer the expense wae Incurred on State business. Unlese
the expenditure was to dieoharge State business there ls,no
appropriation or provision made for repayment.
Perhaps, h&. EEcEahanhaa not mentioned all of the
various trips and traveling expense that bring about his in-
quiry . There might be au oooesion for the appearanoe of an
offioial or employee of this eohool et come other aohool that
would be in performanoe of a duty Of that partioular person.
The question will have to be answered by firet determining
whether the parson incurring the expense wee doing 80 in the
performanoe of some duty imposed upon that person on behalS
of the State of Texas. In the event Mr. &Mahan deelres to
here us pass upon a speoific situation, if he will furnish
thla offioe with all of the faote surrounding the expenditure
or proposed expenditure we will be glad to furnish an opinion
of thie department upon that aubjeot.
Yours very truly
Untitled Texas Attorney General Opinion
Combined Opinion