Case Information

*1 ~-16 @E’l?ICE OF .Tm &TORN&YGENERAL

PRICE DANIEL *nORKeu GENSRAL January 14, ,1947

Hon.~Marshall Harvey, Secretary-Treasurer

Texas State Board of Chiropody gxaminers

1109 Avenu6 K

.Lubbock, Texas Opinion No. V-16

Re: Whether members of the Texas state Board 'or Chiropoay WneFs are entitled to compensatioh for time taken in travel to ana from Board meet- ings, under the provis- ions of Article 4674, chs.r- Dear Mr. Harvey:, . : ‘ 0p0ay Practice Act.

Your request for an opinion dated January 4, 1947, is in substance as follows:

*The question has a&en among mem- bers of this Board a number of times as to .

whether Board membeWa?e entitled to com- pensation for time taken in travel to and .from,Botird meetings.

"In cases of most members of this Board it requires -a day or the greaterpart .thereof, to travel to ad-from such meet- ings. Under Article 4574, @iropody Prac- tice Act of Texas provision is in&&e for coni- pensation and expenses while actually en- gageed in the ~service or the Board. would travel to a&l from be' considered Wactually &gaged in the service of the Board'?

Article 4574 of the Revised Civil Statutes Of the State of Texas provides as follows: :

"Each member of the Board'shall re- ceive for his services Ten ($10.00) Dollars per day ana necessary traveling ana inci- dental expenses while actually engaged in the service of the Board. The Secretary

shall receive his necessary expenses for

Q services actually performed for the Board, for printing, postage and other expenses necessarily incurred in administering this law shall be paid from the fees received by the Board and all expenses shall be itemized, verified, audited ana an account kept thereof bg,the Secretary of the Board who shall pay the same out of said fees which accrue to it."

Since the statute under consideration prb- vides that the expenses incurred in administering the. law shall be paid from the fees received by the Board, your question must be decided on the basis of whether the expense incurred is an authorized one within the purview ~of the.statute.

c It will be observed from the abdve statute

that the Legislature intended that each member of the Board shall be entitled to "necessary traveling and'in- cidental expenses while-actually engaged in then serVioe of the BoararW 'The State Board of %hiroj%%!ly Examiners is entrusted with the duty or carrying out the provi- sions of the Chiropody Practice Act and is empower&J to “., prescribe.reasonable or-necessary regnlations~and by- laws to govern its proceedings and activities. -Th& Board shall adopt all necessary rules to regulate the' practice of chirbpody ana shall hold meetings at,,least twice a~y&r and special lheet =pgJi;~!ag~",s~~p& Board must examine pa licens the prosecutioti of al.1 persons violating the provisions of the Act and must pass upon and approve educational institutions. Further, the Board may, after due hear- ing, refuse to grant or, *new and may revoke any license issued under the provisions of the lath updn evidence of misconduct. Travelingexpenses, therefore, of a Board member may be allowed only if such attendance iis Qi di- rect relation to his~prescribed duties. It is believed that a member travelingto and rrom an authorizea.?eard meeting is actually engaged in the serVicd of the Board. To properly function, it is necessary that the Board have adequate policies and-regulations which'ati formu; latea by the State Board of Chiropody Examiners; It' would appear that dtehdance at a Boara~meeting, whioh necessitates travel to and from'such meeting &ould be required of each individual member-into discharge prop.erly the auties,imposed upoll,the.BoaM by the Chiroptiddy P&$- tice Act.' 7% seems that the sttittite eviaences a.1egi.G lative intent.that%raveling expenses incurred in trav- *3 cling to and from meetings of the BOara are actually in' relation 'to those servides renabred by the Board of Chir- opody Examiners. 1!.

Therefore, your question should be ans+rea

in the affirmative.

Members of the'iezkati Stat6 Boar&of Chiropody Examiners are actually engaged in the service~of the Board in traveling to and from authorize& meetings of the Board pur-

suant to Article 4374 of the Revised Cjvil Statutes of the State of Texas, ana are en- titled to necessary traveling expense. .

Very trury yours ATTORNEY GENERAL OF TEXAS BW:WB 'APPROVED JANUARY 14, 1947

APPROVED OPINION COMMITTEE BY: Bwl.

mm

ATTORNEY GEXERAL OF TE&',

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