April 27, 1970 

Honorable Robert S. Calvert Opinion No. M-619 

Comptroller of Public Accounts 

State of Texas Re: Payment of registration 

Austin, Texas 78711 fees assessed for a seminar 

under the facts submitted. 

Dear Mr. Calvert: 

Your request for an opinion on the above subject 

matter asks the following questions: 

"1. Can a state agency, in the absence 

of express statutory authority, charge official 

fees for conducting seminars or conferences? 

"2 . In the absence of express statutory 

authority to charge official fees, can an agency 

conduct a seminar or conference called by the 

head of the state agency as official business 

of that agency and charge a fee of any nature 

to those attending, including employees and 

officers of that agency? 

" 3 . In the absence of express statutory 

authority to charge official fees by an agency, 

can employees of that agency, acting for the 

head of that agency, collect fees from individuals, 

including employees and officers of that agency, 

attending a seminar or conference conducted as 

official business of that state agency? 

"4. If any of the above questions are 

answered in the affirmative, are the fees collected State's monies and should they be deposited in the State Treasury? 

"5. If a state employee or officer attends a seminar or conference and pays a fee, if 

you hold any fee to be a legal charge, be entitled to legally claim reimbursement for such 

fee from the State?" 

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Hon. Robert S. Calvert, page 2 

These questions have arisen by virtue of claims 

being filed by employees of the State Highway Department for 

reimbursement of registration fees paid by such employees 

in attending a seminar on "The Trial of Condemnation Cases" 

which such employees were directed by the Highway Department 

to attend. 

In Attorney General's Opinion C-671 (1966), it was 

held that appraisers employed by the Veterans Land Board may 

attend an appraisal school at Texas A&M University and have 

their registration fees paid by the State. Likewise it was 

held in Attorney General's Opinion C-761 (1966): 

"Registration fees necessary to attend the 

Texas Society of Professional Engineers, for 

the purpose of discussing questions concerning 

the recent amendment to the Texas Engineering 

Practice Act, constitutes a necessary expense 

of the member of the Texas State Board of 

Registration for Professional Engineers, who 

was assigned by the Board to attend such meeting in the furtherance of the governmental 

duties imposed on the Board, may be paid." 

Also, it was held in Attorney General's Opinion 

C-692 (1966) that registration fees necessary to attend 

courses of instruction deemed necessary to the furtherance 

of governmental duties imposed upon a State agency may be 

paid by such State agency.~ It is stated in C-692, supra: 

" . . . you are advised that the registration fees to attend the conference sponsored 

by the Urban Transportation Committee of the 

Greater Chamber of Commerce of Pittsburg, and 

the registration fee to attend the Uniform 

Commercial Code Institute may be paid." 

In Attorney General's Opinion W-245 (1957), 

this office said: 

"The Comptroller of Public Accounts is 

authorized to pay the traveling expenses of 

District Attorneys coming to Austin to attend 

the conference of District and County Attorneys 

for the purpose of study and discussion of 

mutual problems in the field of criminal 

prosecution." 

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. . 

Hon. Robert S. Calvert, page 3 

Furthermore, we concluded in Attorney General's 

Opinion M-232 (19681, that tuition fees and registration fees 

for seminars charged by one State agency to another State 

agency may be incurred by entering into an interagency contract between the agencies involved. In that Opinion we stated: 

"In Attorney General's Opinion M-120 

(1967), it was held that the registration fee 

expenses of State employees who were assigned 

to attend the transportation conference at 

Texas A&M University constituted State business 

and that such registration fee may be paid when 

the agency head has made the determination that 

attendance at the conference is reasonably 

necessary in order to carry out the duties and 

functions of the employees. 

"Since the attendance to the Texas Transportation Institute, a part of Texas AhM lJniversity, by various State employees constitutes 

official State business found to be necessary 

and essential for the performance of their 

duties, such attendance is properly the subject matter of an interagency agreement p:irsuant to the provisions of Article 4413(3:1), 

above quoted. 

"You are therefore advised, in answer to 

your first question, that tuition fees and 

registration fees for institutes and seminars 

charged by one State agency to another State 

agency may be incurred by entering into an 

interagency contract between the agencies involved. In answer to your second question, 

you are advised that such registration fess 

may be paid either pursuant to an interagency 

contract or as a travel expense item incurred 

by an employee. Attorney General's Opinion 

M-120 (19671." 

In view of the foregoing opinions, it appears well 

settled that a registration fee expense of State employees 

who are assigned to attend seminars or conferences as a part 

of their duties constitutes reimburseable expenses incurred 

in the performance of official duties by the e;nployees; and 

such registration fees are payable by the Stata, whether by an 

interagency contract or by reimbursing the State employee for 

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, 

Hon. Robert S. Calvert, page 4 

the official expense incurred. 

The Fifth Annual Condemnation Seminar on "The Trial 

of Condemnation Cases" was a seminar which required payment 

of registration fees in order that the costs of conducting 

the seminar could be paid. Such seminar was for the official 

benefit of State employees engaged with condemnation work and 

therefore constituted an expense incurred as a result of 

State business and in the performance of the official duties 

of those State employees attending such seminar. You are, 

therefore, advised that the State employee is entitled to 

reimbursement for the registration fee expense incurred by 

such State employee. 

Your questions, however, are directed at the 

authority to charge registration fees for seminars conducted 

in the name of a State agency. Therefore we will proceed to 

answer your questions categorically. 

The statutes prescribing fees for public officers 

are strictly construed and the right of a public officer to 

charge a "fee" for his services may not rest in implication, 

but must b=xpressly conferred by law and unless a statute 

clearlv fixes the amount of fee to which he is entitled, no 

official fee may be charged. McCalla v. City of Rockdale, 

112 Tex. 209, 246 S.W. 654 (1922); Binford -~~~~~~~~~~ v. Robinson, 112 

Tex. 84, 244 S.W. 807 (1922); McLenr ian County v. Boggess, 

i04 Tex. 311, 137 S.W. 346 (1911); Hallman v. Campbell, 57 

Tex. 54 (1882); State v. Moore, 57 Tex. 307 (1882) . Therefore, in answer to your first question as worded, a State 

agency in the absence of statutory authority may not charge 

official "fees of office" for conducting seminars or conferences . However, in the instant case, no official fees of 

office were charged. On the contrary, registration charges 

were made and collected for the purpose of defraying the 

costs of the seminar, and the same does not constitute an 

official fee of office. 

In answer to your second and third questions, you 

are advised that a State agency may conduct or sponsor a 

seminar or conference deemed necessary when the seminar 

bears a reasonable, substantial and direct relationship to 

the duties and functions of the office, and registration 

charges may be made for attendance at such seminar or conference in order to defray the expenses of conducting the 

seminar. Attorney General's Opinions C-671 (19661, C-761 

(1966), C-692 (19661, WW-245 (19571, M-232 (1968). 

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. . 

Hon. Robert S. Calvert, page 5 

In answer to your fourth question, registration 

charges collected for such seminars do not constitute State 

monies and are therefore not to be deposited in the State 

Treasury. 

In answer to your fifth question, if a State employee or officer attends a seminar and pays the registration 

charge, such employee or officer is legally entitled to reimbursement for such expense, since the attendance of such 

seminar was in the performance of his official duties and 

such expense was incurred as a result of State business. 

Attorney General's Opinions C-671 (1966), C-761 (19661, C-692 

(1966), WW-245 (19571, M-232 (1968). 

SUMMARY 

State agencies are authorized to sponsor 

or conduct seminars or conferences on matters 

bearing a reasonable, substantial and direct 

relationship to the duties and functions of 

such agency, as well as other State agencies 

and may make registration charges necessary to 

defray the expenses of the seminars or conferences. Where a registration charge is 

made, State employees or officers are entitled 

to reimbursement of such registration expense, 

since such registration expense was incurred as 

a result of State business. Such charges are 

not public monies and are not to be deposited 

in the State Treasury. 

n 

Prepared by John Reeves 

Assistant Attorney General 

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Hon. Robert S. Calvert, page 6 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Watson Arnold 

J. C. Davis 

Bob Flowers 

Pat Cain 

MEADE P. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive,Assistant 

NOLA WHITE 

First Assistant 

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