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## 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, requestingan opinion of this office, you set forth certain questions relating to ArticleV, Section 14(a) of House Bill 12, which provides in part as follows:

"Therate of reimbursement to executive heads and key officials for travel in their perscnally-ownedairplaneswithin the boundaries of the State of Texas and between points of necessary official business shallbe 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 officialswithln and without the State?" -240,3-. 1

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

At the outset we recognize that a statutewill not be declared void for vagueness and uncertaintywhere itsmeaning may 'beimplied, or where it employswords in commonuse, or words commonlyunderstood, or words previously judiciallydefined, or having a settledmeaning i.nlaw, or a technical or other specialmeaning well enough known, or an unmistakable significance in the connection in which they are employed. 71 A.L.R.2d 816. Generally, statutory constructionrequires that each sentence,clause, phrase, and word be given effect if reasonablypossible, and this rule applies even though the Leaislaturehas not defined a oarticularword or ohrase, and in-absence of such a definition, the words of the'enactmentwill usually be given their ordinarymeaning. 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, ArticleV, Section 14(a), has never been judiciallydefined and has no settledmeaning in the law. Webster'sUnabridged InternationalDictionary containsno common or crdinarydefinition of the term. "themainstay; However, the adjective "key" is defined as

a leading individual or principle." It is our opinion that an attempt to set forth those State officialswho are themainstays, leading officials, or leading individuals, is a fruitlessand 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

. . .Wemust confess that we feel like we are groping in the dark when we endeavor to determinewhat shall constitute 'eachoffense,' for which a separatepenalty is Imposed. Shall it be each trip of each car, or each day's operation, or may the officers of the statemake 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 'toallow conjectural interpretation to us:rp the place of judicial exposition.'

. . . No statute defines the term "key official" or demonstrates legislative Intentionas to Itsmeaning. The Legislatureneither defines this term in House Bill 12, ArticleV, 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 Inmeaning and application as to be incapable of definition.

However, even though the term “key official” is meaningless, the remaining provisions of ArticleV, 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.
. . .Headsof state agencies shallmean elected state officials, excluding members of the Legislaturewho shall receive travel reimbursementas providedby the Constitution,appointed state officials,appointed state officialswhose appointment is subject to Senate confirmation,directors of legislative

interim committees or boards, heads of state hospitals and special schools,and head: of state Institutionsof higher education. It is our opinion that the definition of “heads of state agencies” in Article 6823a, Section 2, Is the proper definition for “executiveheads” as used in Section 14 Aa), Article V, of House Bill 12, Acts 59th Legislature, 19 5. Officials specificallydesignated in Article 6823a, Section 2 are: elected state officials, excludingmembers of the Legislaturewho shall receive travel reimbursementas provided by the Constitution;appointed state officials;appointed state officialswhose 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 “executiveheads” Include First Assistantsand Chief Deputies In the various State offices and departments,who are authorizedby statute to act for such office or department in the absence of, illness or inabilityto act, of the head of such office or department. Attorney General’sOpinionNo. C-477.

In answer to your second question, it is our opinion that the provisions of House Bill 12, Section 14(a),ArticleV, apply only to mileage within the boundaries of Texas. Relmbursement may be obtainedwithin the provisions of said Act when such travel is between points of necessary officialbusinesswithin the boundaries of the State of Texas.

In answer to your third question, it is our opinion that no provision of the AppropriationAct, House Bill 12,

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allows for rate of mileage reimbursement to those persons traveling in their personally-ownedairplanes outside the boundaries of the State of Texas.

In answer to your fourth question, State employees other than "executiveheads" as defined above, are not included for reimbursementwithin the provisions of House Bill 12, Article V, Section 14(a). SUMMARY

The term "key officials' as used in Section 14(a), ArticleV of House Bill 12, Acts 59th Leg., the General AppropriationBill for 1965- 1966 is so vague and uncertain in meaning and applicationas to be incapableof definition. "Executiveheads" who receive reimbursement of sixteen cents per highwaymile for travel in their personally-ownedairplanes on official businesswithin the boundaries of the State of Texas are those persons coming within the terms of Article 6823a, Section 2, Includinga First Assistant or Chief Deputies authorizedby 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), ArticleV, do not allow reimbursement to "executiveheads" traveling in their personallyowned airplanes outside the boundaries of the State of Texas. State employees other than "executiveheads" are not included for reimbursementwithin the provisions of House Bill 12, ArticleV, 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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