ATTORNEYGENERAL 

~OF TEXAS 

AUEVITN 1% TEXAS 

J?dt-i@Fable John Osorlo, Chairman 

Board of Insurance Commissioners 

huotin; Texas 

0PIM10Yf m9o W-83 

*, 

Re:: Authority~ to par 

travel bq@tnbas 

to ersone atriignird 

t6 ? he Borrd Or ‘Xhauranct CommiooiP)nerr t&attend 

courttt offered by 

the International, 

Dear ltr. Osorfo: 

e;u;s Uachintt 

0 

Your request for an opfnlon on the above tubjtot 

setter is a0 followo: 

Nr. Bill D6VlS 

to cons’olfdats 

which could be 

H&chines jl 

“On November 20, 1956, thla Boards tmplbyed, 

as coordlnstor of IB?l actlvititr, 

and organize the Board ~iecdrds 

handled by International Butfntse 

“Prior to that time, I&, Davis htd been employed by the State Dbpartment of Public Welfare. 

Proa September P, 1946, to November 20, 1956, he 

had served as supervisor of machine accounting 

and had actively managed the IBM section, contistfng’oi’ 31 employd&~engag&d in the optr&tion 

QT various IBM machines. He was rtapontible ior 

the preparation ot 25090C0 monthly assistance 

wqants, and all the related dtpartaental,6tati6- 

tical reporting, in additfon to dtptI%m?ntal pals- 

~011 and all adrfnfatratfve expen6e aCcoUntlng 

bad analysis o 

“Mr, Davis1 educatfon and experience qualify 

him for the job which he now holds, but new fgptt 

af machines are being developed, and Mr. Davis has 

had little exp6rltnct with these new typtt. Sptclf- 

. . 

. 
. &nqniPle John Osorio, page 2 (WW-83) 

Itally, thisBoard now’has on order, for SevtemgQg&%Y, a type 407 accounting f&chine and 

electronic calctilating punch. HIS 

experience on theee particular machines is limittd, and this Department has authorized him to attend the following schools: 

~4cJ yl~eCour~t Dtllas March 18-20 

407 Advanced Course 

Houston April 8-12 

Dallas May 6-10 

“This Board is informed that the Comptroller 

Of Public Accounts will not approve travel txptnat 

Recount6 for persons attending IBM schools unless 

the; account is accompanied by an Attorney ffeneral’s 

opinlori which would authorize payment. This Board 

18 of the opinion that the travel proposed for Hr.’ 

bavis Is in tht performance of his official duties. 

go effort is being tide to further the general education of a Board employee at State expense, this 

travel being directed to a very specific and technical job which Is being handled by the employee. 

However, in view of the Comptroller ‘8 requirement,, 

the Board of Insurancr CommUeioner6 does not feel 

ju6tifitd In ordering its tmployte to Incur the exptnet ntctrrary to this travel, until it can be 

aesured that he will be rtlmburstd. 

‘Fremlses considered, we resptctfully’request 

your opinion as to whether or not the proposed 

travel expense, as outlined above, is authorized 

under the General Appropriation Act,” 

Your request amounts to a reconsideration of Opinion 

s-209 (19.56) wherein It was held that travel expense and per 

diem to State employees In charge of the operation of IBM 

MChlntB, while attending a training school on the operation 

of ouch machines, is authorized. Therefore, we will review 

tht holding therein a8 well as various’previous opinions of 

Attorney Otntrals on similar question@. In reaching the 

conclurlon in Attorney General’s Opinion S-209, It was stated 

that tht training given would be directly and subetantially 

used by the employee to facilitate the operation of the 

Xm machine In a more efficient manner and, therefore, the 

facts trtabliehtd that the relationship between the purpose 

of the trip and the accomplishment of the functions of the 

gtvtrnmtnt entrusted to the employee is reasonable, aubrtanfitl and direct. 

c 
. 

. 

BonWable John Gsoriog page 3 (W-83) 

%'. Y, 

dated 

In Attorney Generaljs Opinion No. 2993 to Dr; 

Benedlct;Presldent of the University of Texas, 

October 1, 1933 (Reports of the Attorney General 

1932-1934, p. 472) It was stated that then Colptroller properly refused’to pay the travelln 

brand for ‘attending the American ffA 

expenses of Dean Hlldew Inrtltutr for’ the ‘reason that the purpose of the Institute wa6 in r& wry concerned mlth the dlscusaion of problems concerning the 

betterment, management or direction of a University or 

8chool of law, 

fn Attorney Generaf’s Opinion.%2128 (l%O) it tiae 

Re16 t&t payment of traveling expenbes waL6 authorised~to 

a 

61 of the Be 

?ZWmd ‘the Traffic 

artment of Public 8aSett’ select&d’ ‘to, 

go lice AUmlnlstration’Course at mthW#Wrn University s’ince the purpose of these’vislts W(l) ,to 

bWure’ information on the latest testing technique equipm&it and m6thods as provided in Article 6701, Vernon’s 

Civil Statutes o 

8lmilar holdings have been made in Attorney Oeneralls~Opfnfons o-11 5 (1939), o- 831 X&41), O-4167 

(1941), o-4267 (1942 7 and O-5981 7 1944 f e 

In Attorney General’s Opinions a-810 (1939), ~~ 

0;6399 (1945) and v-738 (1948) it wm held t&t the aounty 

cduld net legally pag’the traveling expmaer of sheriff8 

attendInS the FBI. school, various aeeoclatione OS county 

officials attending their conventions and of County’hOlpiUl~ 

adainirtrators attendfPag~hospital‘ad~~ifstr8toi’E’cO~vvcmn~ 

tioh~, ebCh of these respectively. ‘kch’ oS”th9#@ opidfons 

based Its conclusion on the fact that the COmml88lQners” 

Cihrt was a court of limitrld jurirdiotfon ahd h&d ohlg uuch 

p&era Bs are ConfcmW upon it’ either bfb%&re,8bb tWW nor 

by n6cesaary lhplicatlon and that th@ LtatUtOfy prbvi.lions 

authorizing the payment of trrvel expense’~by’ the.oouhty~‘maS 

not broad lnotigh,to include the expenses under considerat&on;’ Therefore, Attorney~Oeneral’s Opfnionu 0-810,’ 

O-6399 and V-738 do not apply to your fact situation, 

It is to be-nbted that in deterUninS’whether 

t%%vel is included pursuant to the general appropriation 

Billy ie or “state buelnesa” the‘questfon to be decided 

fir whether theresult 1~ the a~complisbment bf b governosntclI~~cti6n’and:that the wanll and ‘methods adopted 16 

reasonably- necessary’. Since the trainflag described fn 

‘your letter will be directly and substantially used to 

facilitate the operation of the JBI equipment to be used 

by the Board of Insurance Commissioners, It is our opin- 
Honorable John Oaorio, page 4 (W-83) 

ion that the proposed travel is for *state bueinese”. 

Wnct Buch trip’wT11 result id the aCcompllahrPeht of 

&ovtrnRentbl functioni entrusted to th& ttnplplo~eeb and 

will bci of a SubStaiXXal alad d1rect~beniM.t td thti BoUU 

of InbWanke Commld~l6~trs S You bre* therefore; advldbd 

that the proposed ttiavtl expense U outlunOQ In your request $8 authoriced: 

Payment 0f’traveP expen*ee to b 

state employee in charge of IBM 

machine6 while attending the trsining school fn the operation of such 

machines~ls authoriaed. 

Yours very truly, 

WILL ulzson 

Attorney deneral 

JR:& 

APPROVBD: 

76ohn Reeves 

Asrlstant 

orI?fIon~ COWITTBI 

2ii.i:: Chandler