Honorable Robert 6. Calvert Gpinion Ro. C-521 

Comptroller of Public Accounts 

Austin, Texas Re: Rates of travel allowance 

under current Gener81 

Dear Mr. Calvertr Appropriation Act. 

Your request for an opinion poses the following 

questions: 

"Please aaviee m your opinion as the correct anrwers to the below submitted queationsr 

. . . 

"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 Wednesday night, 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 Wednerday night, but 

none for Thursday or Tuwday. What is the 

daily breakdown and total? 

“4 . Leave Austin for Dallas 8:00 a.m. 

Monday and return 5:00 p.m. Friday, hotel 

receipt for Tuesday night and Thursday night, 

but none for Monday and Wednesday. Again, 

the breakdown and total. 

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Bon.,Robert 8. 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,diem allowance for Monday?" ' 

Your questions arise by virtue of the fact that the 

Legislature, in subdivision b of Section 15 of Article V of the 

General Appropriation Act stated that in computing ,the rates Of 

per diem the calendar day (mianight to midnight) will be the unit, 

,and that the rate of per diem is dependent upon whether a hotel 

receipt is submitted with the travel voucher. A receipt for one 

night's lodging thus sets the rate for two units of per diem as 

defined by 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. Attorney General*8 

Opinion C-406 (1965). 

Therefore, you are advieed that the rate of per diem 

for travel is aepenaent upon".whether a receipt evidencing lodging 

Is attached to the travel voucher and the period of time is 

determined by the time the employee is away from headquarters on 

official business. Attorney General's Opinion C-486 (1965). 

Applying the foregoing principles to 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 quarters at $ 7.00 per aiem rate 

In answer to your second question, the employee is entitled to $24.50, computed as 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 third question, the employee is entitled to $50.25, computed as 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 quarters at $ 7.00 per diem rate 

In answer to your fourth question, the employee is entitled to $50.25, computed as 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 quarter8 at $12.00 per diem rate 

Friday - 9.00 - 3 quarter8 at $12.00 per aiem rate 

In answer to your fifth quet&ion, the employee is entitled to one quarter Honaay at the rate of $12.00, or $3.00 for 

Uonday. 

SUMMARY 

In computing the rate6 of per diem for travel 

on official business by State employees, the calendar day (midnight to midnight) is the unit, and 

the rate of per diem is dependent upon whether a 

hotel receipt is submitted with the travel voucher. 

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 : 

OPIRION CaMMITTEE 

-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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