April 27, 1970

Honorable Robert S. Calvert OpinionNo. 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 followingquestions:

"1. Can a state agency, in the absence of express statutoryauthority, 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 seminaror conference conducted as officialbusiness of that state agency?
"4. If any of the above questions are answered in the affirmative,are the fees collected State'smonies and should they be deposited in the StateTreasury?
"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 legallyclaim reimbursement for such fee from the State?"

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These questions have arisenby virtue of claims being filedby employees of the State Highway Department for reimbursementof registration feespaid by such employees in attendinga seminar on "TheTrial of Condemnation Cases" which such employeeswere directedby the Highway Department to attend.
In Attorney General'sOpinion C-671 (1966), itwas held that appraisers employed by theVeterans Land Board may attend an appraisal school at Texas A&M University and have their registration fees paid by the State. Likewise itwas held in Attorney General's Opinion C-761 (1966):

"Registration fees necessary to attend the Texas Society of ProfessionalEngineers, for the purpose of discussing questions concerning the recent amendment to the Texas Engineering PracticeAct, constitutes a necessary expense of themember of the Texas State Board of Registration for ProfessionalEngineers,who was assigned by the Board to attend suchmeeting in the furtheranceof the governmental duties imposed on the Board,may be paid." Also, it was held in AttorneyGeneral'sOpinion C-692 (1966)that registration fees necessary to attend courses of instructiondeemed necessary to the furtherance of governmentalduties imposedupon a State agencymay 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 TransportationCommittee of the Greater Chamber of Commerce of Pittsburg, and the registration fee to attend the Uniform CommercialCode Institutemay be paid."
In Attorney General'sOpinionW-245 (1957), this office said:

"The Comptroller of PublicAccounts is authorized to pay the travelingexpenses of DistrictAttorneys coming to Austin to attend the conference of District and CountyAttorneys 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 agencymay be incurredby entering into an interagency contract between the agencies involved. In that Opinion we stated:

"InAttorney General's Opinion M-120 (1967),it was held that the registration fee expenses of State employeeswho were assigned to attend the transportationconference at Texas A&M University constituted State business and that such registration feemay 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 performanceof their duties, such attendance is properly the subjectmatter of an interagency agreementp: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 institutesand seminars charged by one State agency to another State agency may be incurred **by** entering into an interagency contractbetween 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'sOpinion 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 reimburseableexpenses incurred in the performance of official duties by the e;nployees; and such registration fees are payable by the Stata,whether by an interagencycontract 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 Seminaron "TheTrial of CondemnationCases" was a seminarwhich requiredpayment of registration fees in order that the costs of conducting the seminar couldbe paid. Such seminarwas for the official benefit of State employees engaged with condemnationwork and therefore constituted an expense incurred as a result of State businessand 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 incurredby such State employee.

Your questions, however, are directed at the authority to charge registration fees for seminarsconducted in the name of a State agency. Thereforewe will proceed to answer your questions categorically.

The statutesprescribing fees forpublic 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 feemay 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 ianCounty 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 statutoryauthoritymay not charge official "feesof office" for conducting seminarsor conferences. However, in the instant case, no official fees of officewere charged. On the contrary, registrationcharges were made and collected for the purpose of defraying the costs of the seminar, and the same does not constitutean official fee of office.

In answer to your second and thirdquestions,you are advised that a State agencymay conduct or sponsor a seminar or conferencedeemed necessarywhen the seminar bears a reasonable,substantial and direct relationshipto the duties and functions of the office, and registration chargesmay be made for attendance at such seminaror conference in order to defray the expenses of conductingthe 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 thereforenot 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 employeeor officer is legally entitled to reimbursement for such expense, since the attendanceof such seminar was in theperformance of his officialduties and such expense was incurred as a result of State business. Attorney General'sOpinions 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 functionsof 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 reimbursementof such registration expense, since such registration expense was incurred as a result of State business. Such charges are not publicmonies and are not to be deposited in the StateTreasury. n

Prepared by John Reeves Assistant Attorney General

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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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