Hon. George H. Sheppard Opinion No. O-1934
Comptroller of Public Bet Traveling expenses of Deputy
Accounts State Superintendent of Public
Austin, Texas Instruction
Dear Sir:
We have your letter of March 18, 1940, wherein you
ask the opinion of this department upon the question whether
or not certain Items of traveling expenses incurred for cer-
tain purposes by Mr. Murdock Deputy.State Superintendent of
Public Instruction, constitu{e legal and valid charges against
the appropriation provided for the traveling expenses of the
State Department. of Rducation. These items are as follows:
DATE PLRPOSE
To speak for P.T.A. program
2-i: Attending Delta Kappa~Gammaand B&P Women's
Club Program
2-1 Chamber of Commerce,Banquet
2 Direct music for Chamber of Commerce Banquet'
g22 To sing for Rotary Banquet
Sang for First Methodist Church
In determining the validity of these expenditures,
as-proper charges against the item provided for traveling ex-
penses for the Department of Education, two questions arise:
1. Is the purpose of the trip the accomplishment
of State's business; that is, is the purpose of the trip the
transaction of busine'ss of the State committed for discharge
to the Department of Education by the laws of this state, and
is the Department of Education vested with the power and au-,:
thority to transact such business in the mode adopted'
2. Is the trip for the purpose of attending "any
type of convention"?
Article 2658, Revised Statutes, 1925 provides as
follows, with reference to the duties of the State Superin-
tendent of Public Instruction:
Hon. George H. Sheppard, Page 2 (O-1934)
*IHe shall inform himself concerning the educa-
tional progress of the different parts of this state
and of other states. Insofar as he may be able, he
shall visit different sections of this state and
address teachers’ institutes associations
normals and other educational gatherings, jr%?%
teachers and arouse educational sentiment; and the
Legislature shall make adequate appropriation for
necessary traveling expenses, or those of his repre-
sentative, when in the service of the State.”
We construe the first portion of the second sentence
of such Article as permitting the State Superintendent of
Public Instruction, or his authorized representative to visit
different sections of the State and address teaohersz insti-
tutes, associations summer normals and other educational
gatherings of a similar nature to those previouelyenumerated,
for the purpose of instructing teachers and arousing eduoa-
tional sentiment.
This Article furnishes authority for ‘Incurring travel-
ing expenses for the purposes enumerated therein. By neoessary
Implication there is granted no authority to the State Superin-
tendent of bublic Instruction or his representative to travel
at the expense of the State for the purpose of addressing gath-
erlngs other than educational gatherings of a character similar
to t,eachers’ institutes, associations, and supIIpernormals.
There is likewise granted no authority to travel at the expense
of the State for the purpose of providing entertainment to pri-
vate or educational gatherings, by singing to or leading the
singing of such gatherings. This can hardly be classed as “ad-
dressing” the gathering for the purpose of “instructing teach-
ers apd arousing educat lonal sentiment .w
The first item which you uestion Is that incurred on
February 1st “to speak for Parent i!eachers Association prog-
ram. It We think that this may be termed an “educational gather-
ing” of a ~character similar to those specifically enumerated in
the Article of the statutes quoted above. We think it may rea-
sonably be assumed that the ’speaking” by the Deputy State Su-
perintendent was for the purpose of l’instruoting teachers and
arousing educational sentiment .tt. We are of the opinion, like-
wise, that this gathering is not a “conventiont’ within the mean-
ing of the rider prohibiting travellng expenses being incurred
to attend a convention within or without the State appearingThE
the rider to Senate Bill 427, Acts of the 46th Legislature.
organization is not private in character, but governmental, an
adjunct to the educational system of the State, as much so as a
county teachers! institute.
Hon. George H. Sheppar&, pag~e 3 (O-1934)
The items, to wit, attending Chamber of Commerce
banquet, directing music for Chamber of Commerce banquet,
singing for Rotary banquet and singing for First Methodist
Church, do not constitute legal charges against the appro-
priation for traveling expenses of the Department of Rduca-
tion, for the reasons indicated above. We do not think the
Chamber of Commerce banquets, the Rotary banquet, and the
meeting of the congregation of the First Methodist Church
may properly bs termed.,Ueducational gatherings” within the
meaning of the statute above quoted. Likewise, we are of the
opinion that directing the music for the Chamber of Commerce
banquet and singing for the Rotary banquet and for the First
Methodist Church do not constitute tladdressingv a gathering
“for the purpose of instructing .teachers and arousing educa-
tional sentiment .I’
There remains the item for ‘“attending District Delta
Kappa Gammaand B. & P. Women’s Club program.” We understand
the Delta Kappa Gammato be a national private organization
of women teachers, the purpose of which, among others, are the
advancement of welfare and standards of the teaching profes-
sion. We think that a meeting of such organization may prop-
erly be termed an “educational gathering” within the meaning
of the statute, and that the State Superintendent or his rep-
resentative would be authorized to attend such for the purpose
of addressing the assemblage , instructing, the teachers and
arousing educational sentiment. This power would not be af-
fected, inour opinion, by the circumstance that the meeting
of the Delta Kappa Gammawas held jointly with the Business
and Professional Women’s Club.
However, the district meeting of the Delta Kappa
Gammais definitely a %onvention” within any reasonable inter-
pretation we have been able to place upon the rider to Senate
Bill 427, Acts 46th Legislature, prohibiting payment of travel-
ing expenses of State employees to “any type of convention.1J
The meeting is that of a private organization of individuals
assembled together for common purposes. Anomalous though the
situation may se em, therefore, it must be held that the appro-
priation for traveling expenses made to the State Department of
Rducation is not available for the payment of the expenses in-
curred, in traveling to the meeting of the Delta Kappa Gamma.
In the absence of the “convention” rider, these expenses, in
our opinion, might be legally paid; but we are not at liberty
to disregard the “conventionl’ rider and thereby substitute our
judgment for that of the Legislature on what is reasonable in
the premises.
Hon. George H. Sheppard, page 4 (o-1934)
Trusting that the foregoing satisfactorily answers
your inquiry, we are
Yours very truly
ATTORNEY
GENERAL
OFTEXAS
By /s/ R. W. Fairchild
R. W. Fairchild, Assistant
APPROVED APB 6, 1940
/s/ Gerald C. Mann
ATTORNEY GENERAL OFTEXAS
APPROVED:OPINION COMMITTEE
BY: BWB, CHAIRMAN
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