. . . 

TXXEAATT~RNEYGENERAII~ 

OF TEXAS 

Aun~mr. Txcxas 78711 

September 17, 1965 

Hon. Robert S. Calvert Opinion No. C-510 

Comptroller of Public Accounts 

State Capitol Re: What is definition of 

Austin, Texas "key official" as used 

in Section 14(a) of House 

Bill 12, Acts 59th Leglslature, 1965, and questions 

relating to rate of relmbursement allowable purDear Mr. Calvert: suant to such section? 

In your letter of August 12, 1965, requesting an 

opinion of this office, you set forth certain questions relating 

to Article V, Section 14(a) of House Bill 12, which provides in 

part as follows: 

"The rate of reimbursement to executive 

heads and key officials for travel in their 

perscnally-owned airplanes within the boundaries of the State of Texas and between points 

of necessary official business shall be sixteen 

(16) cents per highway mile." 

Your questions read as follows: 

"1 . A definition of a key official as 

it applies to this provision? 

"2. Does this provision only apply to 

mileage within the boundaries of Texas? 

“3. If your answer to Question #2 Is in 

the affirmative, what rate of mileage should 

be allowed for out-of-state travel? 

“4 . What rate of mileage should be 

allowed for State employees other than executive heads and key officials withln and without the State?" 

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. 1 

Hon. Robert S. Calvert, page 2 (C-510) 

At the outset we recognize that a statute will not 

be declared void for vagueness and uncertainty where its meaning 

may 'be implied, or where it employs words in common use, or 

words commonly understood, or words previously judicially defined, or having a settled meaning i.n law, or a technical or 

other special meaning well enough known, or an unmistakable 

significance in the connection in which they are employed. 71 

A.L.R.2d 816. Generally, statutory construction requires that 

each sentence, clause, phrase, and word be given effect if 

reasonably possible, and this rule applies even though the 

Leaislature has not defined a oarticular word or ohrase, and 

in-absence of such a definition, the words of the'enactment will 

usually be given their ordinary meaning. Eddlns Wulcher Butane 

Co. v. Calvert ,_-, 156 Tex. 587, 298 S.W.2d 93-31). 

The term "key officials" as set forth in House Bill 

12, Article V, Section 14(a), has never been judicially defined 

and has no settled meaning in the law. Webster's Unabridged 

International Dictionary contains no common or crdinary definition of the term. 

"the mainstay; 

However, the adjective "key" is defined as 

a leading individual or principle." It is our 

opinion that an attempt to set forth those State officials who 

are the mainstays, leading officials , or leading individuals, 

is a fruitless and frustrating task. In Beaumont Traction Co. 

v. State,o:;; S.W. 615 (Tex.Clv.App. 1209, no hist.), at page 

in construing the term each offense in a statute 

said: 

,I 

. . .We must confess that we feel like 

we are groping in the dark when we endeavor to 

determine what shall constitute 'each offense,' 

for which a separate penalty is Imposed. Shall 

it be each trip of each car, or each day's operation, or may the officers of the state make as 

many or few offenses as they may choose, to be 

determined by the frequency of suits filed for 

the recovery of such penalties? Courts ought 

not to be required to make a blind guess at 

the intention of the Legislature, which would 

be merely 'to allow conjectural interpretation 

to us:rp the place of judicial exposition.' 

. . . 

No statute defines the term "key official" or demonstrates 

legislative Intention as to Its meaning. The Legislature neither 

defines this term in House Bill 12, Article V, Section 14(a) nor 

demonstrates its intention In other sections of House Bill 12 as 

to those persons to be designated "key officials." In answer to 

your first question, it Is our opinion that the term "key officials" 

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. . 

Hon. Robert S. Calvert, page 3 (C-510) 

is so vague and uncertain In meaning and application as to be 

incapable of definition. 

However, even though the term “key official” is 

meaningless, the remaining provisions of Article V, Section 

14(a), House Bill 12, may be construed so as to give them full 

meaning and effect. 

Article 6823a, Section 2, Vernon’s Civil Statutes, 

provides in part as follows: 

“Sec. 2. . . .Heads of state agencies 

shall mean elected state officials, excluding 

members of the Legislature who shall receive 

travel reimbursement as provided by the Constitution, appointed state officials, appointed 

state officials whose appointment is subject 

to Senate confirmation, directors of legislative 

interim committees or boards, heads of state 

hospitals and special schools, and head: of 

state Institutions of higher education. 

It is our opinion that the definition of “heads of 

state agencies” in Article 6823a, Section 2, Is the proper 

definition for “executive heads” as used in Section 14 

A 

a), 

Article V, of House Bill 12, Acts 59th Legislature, 19 5. 

Officials specifically designated in Article 6823a, Section 2 

are: elected state officials, excluding members of the Legislature who shall receive travel reimbursement as provided by 

the Constitution; appointed state officials; appointed state 

officials whose appointment Is subject to Senate confirmation; 

directors of legislative interim committees or boards; heads 

of state hospitals and special schools; and heads of state institutions of higher education. In addition, it is our opinion 

that “executive heads” Include First Assistants and Chief Deputies In the various State offices and departments, who are 

authorized by statute to act for such office or department in 

the absence of, illness or inability to act, of the head of 

such office or department. Attorney General’s Opinion No. C-477. 

In answer to your second question, it is our opinion 

that the provisions of House Bill 12, Section 14(a), Article V, 

apply only to mileage within the boundaries of Texas. Relmbursement may be obtained within the provisions of said Act when such 

travel is between points of necessary official business within 

the boundaries of the State of Texas. 

In answer to your third question, it is our opinion 

that no provision of the Appropriation Act, House Bill 12, 

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Hon. Robert S. Calvert, Page 4 (C- 510) 

allows for rate of mileage reimbursement to those persons 

traveling in their personally-owned airplanes outside the 

boundaries of the State of Texas. 

In answer to your fourth question, State employees 

other than "executive heads" as defined above, are not included 

for reimbursement within the provisions of House Bill 12, Article 

V, Section 14(a). 

SUMMARY 

The term "key officials' as used in Section 

14(a), Article V of House Bill 12, Acts 59th 

Leg., the General Appropriation Bill for 1965- 

1966 is so vague and uncertain in meaning and 

application as to be incapable of definition. 

"Executive heads" who receive reimbursement 

of sixteen cents per highway mile for travel in 

their personally-owned airplanes on official 

business within the boundaries of the State of 

Texas are those persons coming within the terms 

of Article 6823a, Section 2, Including a First 

Assistant or Chief Deputies authorized by 

statute to act for such offices In absence of 

the head of such office. Atty. Gen. Op. C-477. 

The provisions of House Bill 12, Section 

14(a), Article V, do not allow reimbursement 

to "executive heads" traveling in their personallyowned airplanes outside the boundaries of the 

State of Texas. 

State employees other than "executive heads" 

are not included for reimbursement within the 

provisions of House Bill 12, Article V, Section 

14(a). 

Very truly yours, 

WAGGONER CARR 

Attorney General 

. 

By: 

Gordon Houser 

Assistant 

GH:mkh 

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. . 

Hon. Robert S. Calvert, page 5 (C-510) 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

John Reeves 

Charles Swanner 

Paul Phy 

Mario Obledo 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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