Honorable **Robert 6.**  Calvert GpinionRo. C-521

Comptroller**of** PublicAccounts Austin, Texas Re: Rates of travel allowance under currentGener81 Dear Mr. Calvertr Appropriation **Act.**
Your request for an opinionposes the following questions:

"Pleaseaaviee m your opinionas the correct **anrwers** to the below submittedqueationsr

. . . "1. Leave Austin **for** Dallas 1~00 p.m.

Woane8day,**and** return 5:00 p.m. Friaay. You **have** hotel receipt for'Wednesday night, but none for Thursday. Hew much **for** each day, and the total for the entire period?

I “2. Leave Austin **for** Dallas 1x00 p.m. Wednesday,and return 5:00 p.m. **Friday. You**  ' have no receipt for Wednesdaynight,but you **do** have one for **Thursday** night. How **much** for each **day and**  **the** total **Qar** diem **for the**  entire tims? **Is** the total the sama as in the preceding?

“ 3. Leave Austin **for** Dallas Et00 a.m. Monday and return 5:00 p.m. Friday and hotel receipts for Monday and Wednerdaynight, but none for Thursdayor **Tuwday.** What is the daily breakdownand total?

“4

. Leave **Austin for**  Dallas 8:00 a.m. Monday and return 5:00 p.m. Friday, hotel receipt for Tuesdaynight and Thursday night, but none for Monday **and** Wednesday. Again, the breakdownand total.
-2453~Bon.,Robert8. Calvert, Qage 2 (C-521 )

**“ 5.**  Leave Austin for El Paso at 6rOO p.m. Monday, checked into hotel 2:00 a.m. Tuesday. What is per,diemallowancefor Monday?" '
Your questionsarise by virtue of the fact that the Legislature,in subdivision b of Section 15 of ArticleV of the GeneralAppropriation Act stated that in computing ,the rates Of per diem the calendarday (mianightto midnight)will be the unit, ,andthat the rate of per diem is dependentupon whether a hotel receipt is submitted with the travelvoucher. A receipt **for** one night's lodging thus sets the rate for two units **of** per diem as definedby the Legislature,to wit: the ,first unit preceding the midnight of the night's lodging,and the **second** unit suaceeding the midnight of the night's lodging. AttorneyGeneral*8 OpinionC-406 (1965).

Therefore,

you are advieed that the rate of per diem **for** travel is aepenaentupon".whether a receipt evidencinglodging Is attached to the travelvoucher and the period of time is determinedby the time the employee is away from headquarterson officialbusiness. Attorney General'sOpinionC-486 (1965).

Applying the foregoingprinciplesto the facts submitted, you are advised that, in answer to your first question th6 employee is entitled to $23.25, computed **as** follows:

Wednesday - $ 6.00 - 2 quarters at $12.00 per diem rate Thursday - 12.00 - 4 quarters at $12.00 per diem rate Friday - **5.25** - 3 quartersat $ 7.00 per aiem rate
In answer to your second question, the employee is entitled to $24.50, computedas follows:

Wednesday - $ 3.50 - 2 quarters at $ 1.00 per diem rate Thursday - 12.00 - 4 quarters at $12.00 per aiem rate Friday - 9.00 - 3 quarters at $12.00 per diem rate
In answer to your thirdquestion, the employee is entitled to $50.25, computedas follows:

Monday - $ 9.00 - 3 quarters at $12.00 per diem rate Tuesday **- 12.00**  - 4 quarters at $12.00 per diem rate Wednesday - 12.00 - 4 quarters at $12.00 per diem rate .;2454-.a
.

Bon. Robert S. Calvert,page 3 (C-521 )

Thursday - 12.00 - 4 quarters at$12.00 per diem rata Friday - 5.25 - 3 quartersat $ 7.00 per diem rate
In answer to your fourthquestion, the employee is entitled to $50.25, computedas follows:

Monday - $ 5.25 - 3 quarters at $ 7.00 per diem rate *. Tuesday - 12.00 - 4 quarters at $12.00 per diem rata

Wednesday - 12.00 - 4 quarters at $12.00 per diem rate Thursday - 12.00 - 4 quarter8at $12.00 per 

### diem rate Friday - 9.00 - 3 quarter8at $12.00 per aiem rate
In answer to your fifth quet&ion, the employee is **en** titled to one quarterHonaay at the rate of $12.00, or $3.00 for Uonday.
SUMMARY

In computingthe rate6 of per diem for travel on officialbusinessby State employees,the calendar **day** (midnightto midnight) is the unit, and the rate of per diem is dependentupon whether a hotel receipt is submittedwith the travelvoucher. **A receipt**  **for** one night's lodging sets the rate **of** two units **of** per diem.
Yours very truly,
WAGGOWRRCARR Attorney General

JR:nrs:sj:ra w’ &ve+ Assistant
&PPR WED : OPIRIONCaMMITTEE

-2455-Hon. Robert S. Calvert,page 4 (C-521 )

W. V. Geppsrt,Chairman Pat Bailey Wade Anderson Charles Swanner Roy Johnson APPRGVEDFORTHEATTOSWEYGEbmRAL BY: T. B. Wright

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