## ATTORNEYGENERAL ~OF TEXAS
AUEVITN 1% TEXAS

J?dt-i@FableJohn 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&chinesjl “OnNovember 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 

### factstrtabliehtd 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 thenColptroller 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, golice 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 7 f and O-5981 1944 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 

### trrvelexpense’~by’ the.oouhty~‘maS not broad lnotigh,to include the expenses under considerat&on;’ Therefore, Attorney~Oeneral’s Opfnionu 0-810,’ 

### O-6399and 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, WILLulzson Attorney deneral

JR:& APPROVBD: 76ohn Reeves Asrlstant

orI?fIon~ COWITTBI 2ii.i:: Chandler