Case Information
*1 Opinion No. O-1934 Opinion No. O-1934 Hon. George H. Sheppard Hon. George H. Sheppard Comptroller of Public Comptroller of Public Bet Bet Traveling expenses of Deputy Traveling expenses of Deputy
Accounts Accounts State Superintendent of Public State Superintendent of Public Instruction Instruction Austin, Texas Austin, Texas
Dear Sir: of March 18, 1940, wherein you
We have your letter 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 Public Instruction, of
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: PLRPOSE DATE
To speak for P.T.A. program 2-i: Attending Delta Kappa~ Gamma and B&P Women's
Club Program 2-1 Chamber of Commerce,Banquet Direct music for Chamber of Commerce Banquet' To sing for Rotary Banquet g22
Sang for First Methodist Church In determining the validity of these expenditures, as-proper charges against the item provided 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 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 address teachers’ sections of this state and
institutes associations jr%?%
normals and other educational gatherings, 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 previouely enumerated, for the purpose of instructing tional sentiment. teachers and arousing eduoa-
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 supIIper normals. 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 This can hardly be classed as “ad- singing of such gatherings. dressing” the gathering for the purpose of “instructing teach- ers apd arousing educat lonal sentiment .w uestion Is that incurred on
The first item which you 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 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 priation legal charges against the appro-
for traveling expenses of the Department of Rduca- indicated above. We do not think the tion, for the reasons 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 Gamma and B. & P. Women’s Club program.” We understand the Delta Kappa Gamma to 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 sentiment. This power would not be af- fected, inour opinion, by the circumstance that the meeting of the Delta Kappa Gamma was held jointly with the Business and Professional Women’s Club.
However, the district meeting of the Delta Kappa Gamma is 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 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
/s/ Gerald C. Mann
ATTORNEY GENERAL OFTEXAS
APPROVED: OPINION COMMITTEE BWB, CHAIRMAN
BY:
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