Honorable DavidWade, M.D. OpinionNo. M-796

Commissioner,Texas Department of Mental Health and Mental Retardation Re: Moving expenses of Box 12668, Capitol Station employees of the Texas Austin, Texas 78711 Department ofMental Health and Mental ReDear Dr. Wade: tardation.

Your request for an opinion asks the following questions:

"1. Does Section 20(c) of Article II of House Bill 2,Acts of the 61st Legislature, Second Called Session, 1969, bring the Texas Department of Mental Health and Mental Retardation within the provisions of Section 35 ofArticleV of House Bill 2, Acts of the 61st Legislature, Second Called Session, 1969?

"2. If your answer to question 1 is in the affirmative, are the provisions of the second paragraph of Section 35 ofArticle V of House Bill 2, Acts of the 61st Legislature, Second Called Session, 1969, applicable to the Texas Department of Mental Health and Mental Retardation.?"

In regard tomoving expenses of employees of the Texas Department of Mental Health and Mental Retardation, Subdivision **(c)** of Section 20 of Article II of House Bill 2,Acts 61st Leg., 2nd C.S. 1969, (GeneralAppropriationsAct for thebiennium ending August 31, 1971) provides:

"TheTexas Department of Mental Health and Mental Retardation is hereby authorized to utilize the services of itsMotor Pool to transfer and deliver the household goods and effects of its employees transferred from one place of employment to another within the Department when such service to such employee Is deemed to be in the best interest of the State of Texas; provided,however, this service shall not be extended to any new employee."

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Dr. DavidWade, page 2 (M-796)

Furthermore, Section 35 of ArticleV of House Bill 2, Acts 61st Leg., 2nd C.S. 1969, provides the following concerning moving expenses of State employees:

"Noneof themoneys appropriated in this Act may be expended for paying expenses ofmoving the household goods or otherproperty or personal effects of officers or employees,provided however, that the Department of Agriculture, State Building Commission,Texas Employment Commission,Highway Department,Alcoholics (sic)Beverage Commission, Parks and Wildlife Department,Railroad Commission, Department of Public Safety,Water Development Board,Water Quality Board, and other agencies when specificallygranted such authorityby this Act, are authorized to pay costs of transporting and delivering only in State-owned equipment the householdgoods and effects of employees transferred by the named departments from one permanent station to another,when in the judgment of the department, thebest interest of the State will be servedby such transfer.

"It is further provided that in the event State-owned equipment is not available, and to avoid imposing the hardship of an employeeworking in one locationwhile his family and personalbelongingsare located elsewhere, the above authority may be extended to Include the use of a commercial transportation company for themoving of the employees'household goods and other personal effects. Such state agenciesmay not utilize State funds for suchpurposes exceptupon presentationby the officer
or employee of a bona fide receipt of payment for servicesrendered from a commercial transportation company.

"Stateagencieswhich are specificallyauthorized above or elsewhere in thisAct to use funds appropriated In thisAct tomove the household goods or personal effects of officials or employees transferredby official order to new permanent duty stationsat State expense, shall file a report of suchmoves with the Legislative Budget Board by November 1 of each fiscal year. Such report is to cover the preceding fiscal year and include the number of such official transfers

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made, the employees' name and position titles, distances involved,and the detail of all expenditures for such transfers. It is specifically provided that the authority grantet by this section shall not extend to new employees,

In construing the above quoted rovisions itwas held inAttorney General's Opinion M-660 (197'0 P thatyour Department is given authority to utilize itsmotor pool in themanner antlcipatedby Section 35, supra,by the provisions of Subdivision (c) of Section 20, supra. It was further held:

1, it is our of Sections 35 and o 2O(c inion that the language 7, supra, relating to 'permanentduty stations'and transfer of an employee from one place of employment to another 'withintheDepartment', contemplates the permanent State Institutionto which he Is to be transferred, and not a temporary locationat which he is to reside pending construction of his permanent duty station.

. . .'

In answer to your first question you are thereforeadvised that Subdivision (c) of Section 20 of Article II of House Bill 2,Acts 61st Leg., 2nd C.S. 1969,brings the Texas Department of Mental Health and Mental Retardation within the provisions of Section 35 of ArticleV of House Bill 2, supra, insofar as i,t relates to permanent duty stationsand transfer of an employee from one place of employment to anotherwithin the Department
on a permanent transfer,but does not apply to a temporary location at which he is to reside pending permanent duty station. Furthermore, Section 35 Is not applicable to any new employee because of the limitations contained In Subdivision (c) of Section 20, supra.

In answer to your second question you are advised that the provisions of Section 35 of ArticleV, supra, Including the secondparagraph thereof, are applicable to employees of the Texas Department of Mental Health and Mental Retardation.

SUMMARY

Pursuant to the provisions of Subdivision (c) of Section 20 of Article II ofHouse Bill 2, Acts 61st Leg., 2nd C.S. 1969, the provisions of Section 35 of ArticleV of House Bill 2, supra,are applicable to the Texas Department of Mental Health and

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Mental Retardation. M-660 (1970). Attorney General's Opinion
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General of Texas Preparedby John Reeves AssistantAttorney General

APPROVED: OPINION COMMITPEE

Kerns Taylor, Chairman W. E. Allen, Co-Chairman William J. Craig Linward Shivers Brandon Bickett JamesMabry

MEADE F. GRIFFIN Staff Legal Assistant

ALFRED WALKER ExecutiveAssistant

NOLA WHITE First Assistant

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