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 in presenting 

an original research paper before a'national, 

international, regional or state.~learned society?" 

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

follows: 

"Section 1. By this Act it ,is expressly declared that the policy of all then various 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 ,and other textile 

products, ahabl be stressed as much as the 

productionof said products; and allrof the various 

State Agricultural Agencies, Departments, and 

State ,Educational,,Inetitutiona are hereby directed 

to take full and sufficient consideration of the 

policy herein established, and that the activities 

of the various 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..of their respective-available 

facilities, .as'it may 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 .products are 

hereby authorized; grants and. gifts from the 

United States ore private 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 on wool, mohair, or other textile 

products." (Emphasis added.) 

Pursuant to the above quoted.provisions, an agreement 

was entered into between the Texas A&M.,University System and the 

Cotton Research Committee for the purpose of conducting research, 

surveys, and other~investigations pursuant .to the agreement. The 

Cotton Research~Committee wasbilled,by the.Texas .A&M Uniuersity 

System (as a parkof its cost in carrying out the agreement) for 

certain travel expense incurred by an employee of the Texas A&M 

University System-.in presenting 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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Hon. Carl Cox, page 3 (M-555) 

expense on the basis that such expense wasp not'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, , :expenses incurred 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 'V of,-House Bill 2, Acts of ,the 61st Legislature, 

2nd C.S., 1969 (General Appropriation' 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',learned societies 

throughout the United States is an,integral part' of thecosts of 

research projects, 

Section ,15 ,of Article V of.House Bill 2, Acts ~of the 

61st Legislature;Znd C.S., 1969 (General Appropriation 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 a national, international,.regional, or 

state learned society, and if .the. travel for such 

purpose .has been approved in advance." 

Prior to the inclusion in the..general appropriation 

acts of provisions..similar to Section.15.quoted above,, it was 

held in Attorney.General"s Opinion 04.195 (19.39) that travel 

of the nature outlined ;in your request did. not- constitute ,'.State's 

,business",.: Subsequent to Attorney -General's Opinion O-1195, the 

Legislature has..defined tr%vel for o,fficial ,St%te business for 

employees,of a~gencies of higher .education~ to includetravel for 

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Hon. Carl Cox, page 4 (M-555) 

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 to make available'to the Committee the 

results of'such.resea~rch. It was 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'the public.' 

It is our,opihion, therefvre‘r'.that the presenting of 

such research'paper by an employee of the Texas A&M University 

System was noit done pursuant to,, the agreement between the Texas 

A6M University ~System and the Cotton Research Cotmnittee',,and is 

therefore nbt‘an'itemof; reimbursable .cOst pursuant to the'agreement. 

SUMMARY 

Travel~~by an 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. ,genasal appropriation 

acts authorizing travel for the pu,rpose of.making 

formal presentation of original-researches before 

a national,rinternational., regional ore State 

learned society. 

Under an agreement betweenthe Texas A&M 

University System and the Cotton ,Reeearch Committee, 

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- ,Research Committee 

and to make,,available to the Committee the results 

of. suchresearch. sunder the agreement.the Texas 

A6M University,.System was not..undes..any.obligation 

to the~Committee to disseminate to..the puh1i.c the 

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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 

in presenting a.research;peper before certain 

learned societies does not constitutes a reimbursable cost, pursuant to the agreemen /9 

Prepared by.Johhn Reeves 

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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