January 13, 1970

Honorable Carl Cox, Director Opinion No.M-555 The Cotton Research,~ Committee of Texas Re: Construction of Article 300 Cotton Exchange Building 165-4a; Vernon's.Civil Dallas, Texas 75201 Statutes, relating to the Cottbn Research'Committee. **Dear Mr.**  **Cox:**

Your request for an opinion **aeks~**the following question:

"Under the provisions of Article 165-4a, Vernon's Civil Statutes, is the Cotton Research Committee authorized to reimburse the research agency for payment of travel expenses incurred by the research agency's employee inpresenting
an original research paper before a'national, international, regional or state.~learnedsociety?"

Article 165+4a, Vernon*s,Civil Statutes, provides as follows:

"Section 1. By this Act it ,isexpressly declared that the policy of all thenvarious agricultural agencies of the State of Texas shall **be** shaped so that the subject of the,increased use and outlet for farm products, especially cotton, wool, mohair, oilseed products ,andother textile products, ahabl be stressed asmuch as the productionof said products; and allrof thevarious State Agricultural Agencies, Departments, and State ,Educational,,Inetitutionaare hereby directed to take full and sufficient consideration of the policy herein established, and that the activities of thevarious agencies and institutions mentioned above be revamped, where **same** has not already been done, so as to conform with the provisions of this Act,.

"Sec. 2. A Cotton Research Committee, composed of the Chancellor or Successor of the Texas

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Bon. Carl Cox, page 2 (M-555)

Agricultural and Mechanical College System and the Chancellor or Successor of The University of Texas, the President of,the Texas Technological College, and the President of Texas Womenus,University, is hereby created and established to cause surveys, research and investigations to be made relating to the utilization of the cotton fiber, cottonseed, wool, mohair, oilseed products, other textile products, and other products of the cotton plant, with authority to contract with any and all State and Federal Agricultural Agencies and Departments of the state, and all State Educational Institutions and,State Agencies to perform~any such.services for,said Committee and for the.use..oftheir respective-available facilities, .as'itmay deem proper,;and to compensate such Agencies, Departments and,~Institutions, to be paid from money appropriated by the Legislature for~the purposes of this Act, which appropriations of **morkys** for'research of,cotton, wool, mohair, oilseed products and other,products of the cotton plantor other textile .productsare hereby authorized; grants and.gifts from the United States oreprivate sources'may be accepted for such purposes, and shall be,subject only to limitations contained in such grants or gifts.

"Sec. 3. It is the intent of the Legislature that present funds appropriated to the Cotton Research Committee shall be expended for research
on cotton and oilseed products. The.Legislature may, however, appropriate additional funds and the Cotton Research Committee.may spend these funds for research onwool, mohair, or other textile products." (Emphasis added.)

Pursuant to the above quoted.provisions, an agreement was entered into between the Texas A&M.,UniversitySystem and the Cotton Research Committee for the purpose of conducting research, surveys, and other~investigations pursuant .tothe agreement. The Cotton Research~Committee wasbilled,by the.Texas .A&MUniuersity System (asa parkof its cost in carrying out the agreement) for certain travel expense incurred by an employee of the Texas A&M University System-.inpresenting a research paper before various national, international, regional and State learned kocieties, which paper was prepared pursuant to.said agreement, The Comptroller of Public Accounts.denied,payment of such travel

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expense on the basis that such expense waspnot'properly charged
as a research **item.** It is the contention of the Comptroller that when the research project has been-completed~.pursuant-to the agreement, the findings of suoh research become,the property of the Committee. Any presentation of such-research paper before another educational institution or learned society, in the opinion of the Comptroller, ispresented under the authority of the Texas A6M University System and,,. **therefore,** ,:expensesincurred must be,paid from funds ofthe:.Tex%sA&M University~.System rather than from funds appropriated to.the CottonResearch Committee. See Section 15 of Article 'Vof,-HouseBill 2,Acts of ,the61st Legislature, 2nd C.S., 1969 (GeneralAppropriation'Act), and similar riders contained in other general appropriation*‘acts.

It is;the contention of~the Cotton Research Committee that such travel expense constitutes reimbursable costsfor the
reason that it,is the policy of the Committee to publicly disseminate the research results andthat'such dissemination in the **form** of presenting such research resul:ts'to',learnedsocieties throughout the United States is an,integral part'of thecosts of research projects,

Section ,15,ofArticle V of.House Bill 2,Acts ~ofthe 61st Legislature;Znd C.S., 1969 (GeneralAppropriation Act for the biennium ending August 31, 19711, provides:

"Sec. 15. TRAVEL BY OFFICERS AND EMPLOYEES OF AGENCIES OF HIGHER EDUCATION. None of the moneys appropriated by this Act may be expended for officialtravel expense incurred by members of governing boards,@executive and.administrative heads, or by any employee of.State-agencies of higher education except for official business as approved by the appropriate governing board. Official business shall include @he formal presentation of original researches by an-employee, if before anational, international,.regional, or state learned society, and if .the. travel for such purpose .hasbeen approved in advance."

Prior to the inclusion in the..generalappropriation acts of provisions..similarto Section.15.quoted above,,itwas held inAttorney.General"s Opinion 04.195 (19.39)that travel of the nature outlined ;inyour request did.not-constitute ,'.State's ,business",.:

Subsequent toAttorney -General'sOpinion O-1195, the Legislature has..definedtr%vel for o,fficial,St%tebusiness for employees,of a~genciesof higher .education~ to includetravel for

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the purpose **of** formal presentation **of** original researches by an employee,before.national, internat,ional~,. regional or State learned societies. 'See.Attorney',Ceneral~'s Opinions S-116',(1953) and WW-379 (1958). Therefore the'type of travel outlined in yourrequestis'authorixed by the proyisions of Section 15 of Article V of House Bill 2, Acts of the 61st Legislature, 2nd C.S., 1969, and similar riders contained in.other general appropriation acts, rather'thenthe agreement betweenthe, Texas **A&K**University System and the Cotton Research Committee.

Under the aforesaid agreement, the Texas A&M University System, acting th,ruugh, the Texas Engineering Experiment Station, agreed to perfomcertain research projects for the Cotton Research Committee,and tomake available'to the Committee the results of'such.resea~rch. Itwas note part **of** the agreement that the Texas A&M Uhiversity,~System~or.any **of** its employees or agencies disseminate results of such project 'to'thepublic.'

It is our,opihion, therefvre‘r'.that the presenting of such research'paper by an employee of the Texas A&M University System was noitdone pursuant to,, the agreement between the Texas **A6M**University ~Systemand the Cotton Research Cotmnittee',,and is therefore nbt‘an'itemof; reimbursable .cOstpursuant to the'agreement.

SUMMARY

Travel~~byan employee of the~Texas A&M University System for the purpose of presenting original research papers before a national,;international, regional..or'State.learned societyi.is--made pursuant to riders>containedrin various.,genasalappropriation acts authorizing travel for the pu,rposeof.making formal presentation of original-researches before
anational,rinternational., regional oreState learned society.

Under an agreement betweenthe Texas A&M University System and the Cotton ,ReeearchCommittee, entered~into pursuant to the provisions of Article 165-4a, Vernon's Civil Statutes.,the.Texas A&M Univecsity,~:System agreed to perform oertain research projects for the Cotton-,ResearchCommittee and tomake,,availableto the Committee the results of.suchresearch. sunder the agreement.the Texas A6M University,.Systemwas not..undes..any.obligation to the~Committee to disseminate to..thepuh1i.cthe

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Hon. Carl Cox, page 5(M-555)

results of the of an employee

.. research project and travel expense of the Texas A&M University System inpresenting a.research;peper before certain learned societies does not constitutesa reimbursable cost,pursuant to the agreemen /9

Prepared by.JohhnReeves Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman Alfred Walker, Co-Chairman Richard Chote Austin Bray Rick Fisher Glenn Brown

MEADE F. GRIFFIN Staff Legal Assistant

NOLA WHITE First Assistant

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