Case Information
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.OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
OROVERSELLERS ATr0RNr.Y GENCRAL
Eon&able John Oould, Chairman
Texas State Library and Historioal Commission
Wichita Falls, Texas
Vtate bus We acknowledke re
reeds as.rollows: Commission i Ristorical
would ilk ou on a problem now n$ spplioetions for After eliminating a num- imaining five whose appli- ana a ohoioe among these. Ifembers of the, ke a.eelection without diaates personally.
roprlation includes a $1200 item for es. The Commission would like to know, 8 fund oan be used to pay the traveling of applicants who are Invited to Austin by if that is not permitted,.o*n the Commis- sion use t;e fund to pay the expenses of bne of its members who would be designated to visit the applicanta?
*~%I.1 of the five remaining applicents reside out- side of Texas.
Ve will apprecffite an opinion from you st your earliest oonvenienoe.
.Y 757 Eon. John Gould, page 2
The 39th Leglslsture, at its regular session 1945, a proprlated $1200 for eaoh of the years ending August 31, 194 B and August 31, 1947, to the Conmission for “travel olpenseaW. Seotion 11 of the same appropriation Ml1 ooataine the r ollowing provisions t 80 traveling expenses shall be olalmed, *s!.
allowed, or paid unless incurred while traveling on State business. . . . . l?o traveling expenses shell be incurred
“d. by any employee of any of the departments, or other agenoies of the government, outside of the boundar- lea of the State of Texas, except ror State business and no suoh expenses shall be paid from State appro- priations or out of any local or auxiliary funds by the State Comptroller to an employee of any agenop oi the Government until and unless a -written state- .ment , signed by the Attorney Gsneral, advising
the purpose 04 the proposed trip, in his opinion,is .for said State business purposes; whioh written
opinion shall have been filed with the disbursing
ofrioer, of such respeative of the Government. agenop . . . . .
eg. .All employees traveling at the expense of the State are hereby limited to the amount of Four ($4.00) Dollars per day expenses for meals and lodg- ing ; l . . . 33 ia expressly provided that the provisions Y.
. of Subsection llg or this Act with reference to llmi- tation of amcunt or traveling expense shall not applg to the Govc:rnor , the Lieutenant-Governor, and the members of CorzvLssions. who receive no salary Eer _ diem, when traveling in or out of the State. . . .” IUnderscoring Ours+
The Texas State Library and Historical Commission, whloh is composed of five persons appointed. by the Governor, by and with the oonsent of the Senate, reoeives no salary or psr diem *3 $aC;e 3. ;, Bon, John @Uldj ,.:. ., -z . . I -., i’.I. .., _ _.. ‘: .. .‘:,’ -. .I. ._ .~ 1. . . . in or out 02 the State* but cnly $5.00 per day: ,_: When travelin:
and aotual.expens&ti incurred when attending the ennual~meeting ,~ called meetings. Art. 5434, v. A. c. s. 0118 or, .: and speoial the principal duties oi'your GoPrmissicn is with reference 'to the election of a.State Librarian. The quall.?loatlons of suoh an employee are set out in Artiole 5440,'V. A. S. S.', whioh reed&as foliowe:
eZ!he Comaisslon shall elect a State Librarian, not of their number, who shsll b8 s man or woman of least one year's training in a library school end at at leest three yesrs ' ~admlnistretive as experience head,or @'free public or library, or institutional a.8 an assistant of high rank in such library. Said Librarian shall serve at the will of,the Commission end shall give~bond Inthe sumof five thoussnd
'dollars for the proper oare of the State Library and _. Its aqulpment. Ee shall be allctied his aotual ex-
Bensea when,traveling in the servioo'oi the Cormis- slon, on his sworn eooount showing suoh expenses : detail.8 ..~
vie do notbelieve that the moneys'appropriate@ ror $ravelirig ~expenses of the Commission oan be used to pay the travel- ing expenses of app~lioants for the job 0, + Stete~ Librarianfor the reason that they sre neither agents nor employees of the Soard or .of ,the Stete.. It could hdrdlg be said that their trips to Texas, oonstltuted "State business"; ~8 are oi the opinion however, e,member of the Boera, when authorized by the Board to Interview certain applioants,who are non-residents a? 'Texas, would be '.
engsged ih &State business* when traveling for that purpose. It might not only be advisable but highly desirable to personally interview an applioant in order to ssoertain whether his qualifi- 9etlons ana rdm2nistrative experienoe were sufl'ioient to meet standards. The statute, by setting up standerds which statutory the Commission must observe in the election cf a State Librarian, I%mits the discretion o;P the Commission to that extent and implied- ly authorizes the Commissioa.'to do what is reasonable aad necessary
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, :. _. .d io its duty under the statute.’ YOU are aooordizgly erform adv sed that if a request P. is made of the Attorney General for ipproval oi (I proposed trip by some member of the Commission far the propose stated in yo,~. Letter, he will approve same ai being for “State ‘CusIneas.W .,’
Trusti& that the foregoing answers your inquiry, Youra.rery truly, ATT- GXX’ERAL Ok TEXAS