Case Information
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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, All suoh tripa sohool alesings, and the like. would be within the State."
This department has rsndered many opinions upon aubjeot of travel expense fipprOVtd. HowaVer, in caoh imtanoe *2 Honorable George B. Sheppard - Page 2
the answer t0 the question propounded 1s limtted to the par- iad sltuetlon. titular In meny l.nstanoos~wo have been re- to answer the inquiry br stating that the faot sltua- &red 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 ULI that 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 the ex- for snditurs of the moneys therein appropriated, Submotion 6) titled Travellag Expenses mekes provision for the pay- v 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 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
Honorable George Ii. Sheppard - Pege
the expenditure must have been inourred while St&e buainese, The forms prescribed provide a spaoe for the explan8tlon of the purpose OS objeot of the travel. In eaoh instenoe 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&. EEcEahan haa not mentioned all of 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