Mr. D. F. Smallhorst

Executive Secretary TexasWater Pollution ControlBoard 1100West 49th Street Austin 5, Texas OpinionNo. W-1431

Re: Whether the Executive Secretary of the Texas Water PollutionControl Board is an "ExecutiveHead of a State Agency" as used in the GeneDear Mr. Smallhorst: ral AppropriationsAct.

We are in receipt of your request for an opinion
on the above question in connectionwith the newly created StateWater PollutionControlBoard.

Article 762~ of Vernon's Civil Statutes,which establishes this Board, states in part as follows:

"Sec. 3. (a) There is hereby created and establisheda StateWater Pollution ControlBoard which shallbe composed of six (6)members. The Board is directed to carry out the functions and duties conferred on it by this Act.

. . .

. . . "(c) The SIX (6)members of the Board shall receive no fixed salary for duties performed as members of the Board, but each member, excepting those representing specified State agencies, shallbe allowed, for each and every day in attendingmeetin the Board, the sum of Twenty Dollars ( 8s of 20) including time spent in travel to,and from suchmeetings, and all members shall beMr. D. F. Smallhorst,page 2 (ww-1431)

allowed traveling and othernecessary expenses while in the performance of official duty, to be evidencedby vouchers approvedby the Chairman of the Board, provided no member shall receivemore than Two Thousand Dollars ($2,000)annually, including expenses. The members of the Board appointedby the Governor, and confirmedby the Senate shall qualifyby taking the Constitutionaloath of officebefore
an officer authorized to administer an oath within this State, and, upon presentation of such oath, togetherwith the certificate of appointment, the Secretary of State shall issue commissions to them, which shallbe evidence of their authority to act as such. In addition to the three (3)members appointedby the Governor as providedherein, the Board shall also consist of the following State officers, each ofwhom shallbe a member of said Board during the time that he is serving in such other official capacity, to wit: the Chairman of the State Board of Water Engineers, the State~Commissionerof Health, and the Executive Secretary of the State Game and Fish Commission, each of whom shall perform the duties required of a member of the Board by this Act in addition to those duties required of him in said other official capacities.
I!

. . . "(e) Actual and necessary travel and other expenses incurredby the three (3) ex-officio members in the discharge of their'officialduties
as members of the Board shallbe paid out of any funds which are ormay become available for the purposes of this Act. Employees of the Board shall receive their necessary traveling expenses while traveling on the business of the Board.

II

. . . "(g) The Director of the Water Pollution Control Division of the Texas State Department of Health shall serve as Executive Secretary of the Board. He shallkeep full and accurateminutes of all transactionsand proceedings of said Board and perform such duties as may be reguired by the Board, and he shallbe the custodian of all files and records of the Board. TheMr. D. F. Smallhorst,page 3 (WW-1431)

executive secretar y shallbe the administrator of water pollution control activities for the Board." [Emphasisadded).

Section 35a of ArticleV of SenateBil! No. 1, Acts 57th fE$islature, 1st Called Session 1961, provides in part as fol1:s:

"Executiveheads of State agencies, including the Executive Director of the Legislative Council, shallbe reimbursed for their actualmeals, lodging and incidental expenses when traveling on officialbusiness either in
or out of the State." (Emphasisadded).

An inspection of Article 7621d leads us to the conclusion that t'ne

position of Executive Secretary of the k!ater Pollution ControlBoard does not involvemerely clerical duties or amount to a subordinateposition, but is a position wherein the Executive Secretary is primarily responsible for the administration of water pollution control activities over the entire State. He is therefore an "Executivehead of a State agency," and as such, entitled to reimbursement for his actual expenseswhile traveling in the course of his official business for the Water Pollution ControlBoard either in or out of the State.

SUMMARY

The Executive Secretary of the Texas Water Pollution ControlBoard is the executive head of a state agency, and as such, is entitled to reimbursementfor his actual expenses while traveling on officialbusiness either in or out of the State.

Yours very truly,

WILL WILSON

FD\\J : ms Assistant- .

I,Ti-. D F. Smallhorst,page 4 (WW-1431)

0PI:IION

COMNITTEE V1. V. Geppert, Chairman

L. 1. Lollar Arthur Sandlin Ernest Fortenberry

REVI.Z?JED

FOR THE ATTORNEY GENERAL By: Leo:lardPassmore