Case Information
*1 . OFFICE OF ME AITORNEY GENERAL OF TQcA$ y euuaQ.ylln AUSTIN --
Konorabk b'alter C. Kooblard, Chairmn Konorabk b'alter C. Kooblard, Chairmn
mira of fnouranoe Oomlssi~nors mira of fnouranoe Oomlssi~nors
Austin, Texas Austin, Texas Dear sir: Dear sir:
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contenplated action by t*hB Ids- the exnninaticn conducted In Texas end the ragulra- msnt md~ tf the Prnotoricnn bnsod on the omminatioz:)., Detsilo in connection with the cxoidnstion and tho roquircsants vii11 nacoesarilg be diucueoed in the hearin:: end more intolli{;ently explained by reproscnte- tlve of this Depertmnt.V' *2 7
Ronorabls i&&r C. Woodward, Page 2 l Eith reference to whether or not the proposed trip
of l&r. Barrow constitutes State buSines6 you state:
-The action tG be taken by ;lissouri or any other .. state naturally affects the existonce of the Order
and may result in dama&ine it to such an extcnt'that it cannot operate in Texao. It,is important from the standpoint of the State of Texas that the action taken by us be ruuy explainsa and Understood. It is our ..view that this aotion really plaoes the Order on a
nuoh sounder basis than it waS prior to'the exemination;~ that its ability to meet its contractual obligaticns is . increased. It appeara to us to be to the intereet Gf
the State of Texa~a to explain to the officials of another state this action we have taken to improve the Order's condition but'whichthe other steto evidently dGaS AOt Understand and UpGn Which it proposes t0 can- cal the Prnetorians' license.*
I%'16 our opinion that tiie interest of the State of Texas iA the aOtiGA Of the ZfiSSGUri re- InSUMnOS iBpSrtm& lating to tho Praet.ori.&nS as net out in the preceding para- graph qUGtdi from your letter in no t 80 direct es to constitute State bupiness v?ithin the meaning Gf the follov:ing provision Oontained in the rider to the departments1 aPprO?riatiOn bill, being senate 9111 427, hctc. 46th LC&lStjrO:
Wo traveling expenses shall bk incurred by any onployoe of any of the depurtmenta, or other s@?nciea of the govorDment, outSide of the boundaries of the Stat0 Of Texas, exoept for Stat0 ~UCiI?3Sa dirOCt.~y ccncarning hio ovm department Gr agency aAd no suoh expenses 6hnll be paid frocl State appropriationsor out Gf any looal or auxilliary funds by tho State Oomptrollcr to any employee of any agency of the ~ov- ernment, until and unless a 'wjrittcn statement, oi2ned by tho Attorney <;enoral, advisird that the purpose of.the proposed trip, in his opinion, is for said State businesc purposes, , . . .*I
While it is true that the action of the lliesouri In- 6urance Cepsrtment moy ~indirectly nffcot the status and rel- ;aAr;,;zsthe Pvastorians, a fraternal benefit society cherteyod
170 do AGt bolieVo that this interest is any &rester than is &we iu tho caSe of ony action by a fqroign stnte against a Texas corporation Or association.
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Honorable Xalter C. Y;oodrard, Psga 3
Nor do we regard it a6 m6terial. tbat the expfJnSe6 of the proposed trip by L!r. Barrow may eventually be mid by the Fraetorians by way of acsessnent against thst comp+~ny. The money for the payment of Xr. Barrox treveling exg8nses would of necessity be nsde out of an appropriation to the In- suranoe Department of this State, end the fact that sC3.d ap- propriation might thereatter be supplemented to the extent of such eqahsea by an assessment agasinst the Fraetorians does not deprive the monies paid out by the Comptroller a?ld Treaeur- or oi' their character as State funao.
Acqordingly, we are ootlpelled to reaffirm our letter to you of October 9th wherein we otated thnt in our opinion the proposed trip of Mr. Eiarrow did not constitute Sto.te bus- incss a5 defined in the departmental apptiopriation bill.
Yours very truly A’PTOMEY G3E&, OP TEXAS YiRQ?BB