Honorable David Wade, M.D. Opinion No. 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 of Mental 

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 of Article V 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 of Article 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 to moving 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, (General Appropriations Act for the biennium ending 

August 31, 1971) provides: 

"The Texas Department of Mental Health and 

Mental Retardation is hereby authorized to utilize 

the services of its Motor 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. David Wade, page 2 (M-796) 

Furthermore, Section 35 of Article V of House Bill 2, 

Acts 61st Leg., 2nd C.S. 1969, provides the following concerning 

moving expenses of State employees: 

"None of the moneys appropriated in this 

Act may be expended for paying expenses of moving 

the household goods or other property 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 specifically granted such authority by this 

Act, are authorized to pay costs of transporting 

and delivering only in State-owned equipment the 

household goods and effects of employees transferred by the named departments from one permanent 

station to another, when in the judgment of the 

department, the best interest of the State will 

be served by such transfer. 

"It is further provided that in the event 

State-owned equipment is not available, and to 

avoid imposing the hardship of an employee working 

in one location while his family and personal belongings are located elsewhere, the above authority 

may be extended to Include the use of a commercial 

transportation company for the moving of the employees' household goods and other personal effects. 

Such state agencies may not utilize State funds for 

such purposes except upon presentation by the officer 

or employee of a bona fide receipt of payment for 

services rendered from a commercial transportation 

company. 

"State agencies which are specifically authorized above or elsewhere in this Act to use 

funds appropriated In this Act to move the household goods or personal effects of officials or 

employees transferred by official order to new 

permanent duty stations at State expense, shall 

file a report of such moves 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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Dr. David Wade, page 3 (M-796) 

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 it was held 

in Attorney General's Opinion M-660 (197'0 P that your Department 

is given authority to utilize its motor pool in the manner antlcipated by 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 

'permanent duty stations' and transfer of an 

employee from one place of employment to another 

'within the Department', contemplates the permanent 

State Institution to which he Is to be transferred, 

and not a temporary location at which he is to reside pending construction of his permanent duty 

station. . . .' 

In answer to your first question you are therefore advised 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 Article V of House Bill 2, supra, insofar as i,t 

relates to permanent duty stations and transfer of an employee 

from one place of employment to another within 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 Article V, supra, Including the 

second paragraph 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 of House Bill 2, Acts 

61st Leg., 2nd C.S. 1969, the provisions of Section 

35 of Article V of House Bill 2, supra, are applicable to the Texas Department of Mental Health and 

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Dr. David Wade, page 4 (M-796) 

Mental Retardation. 

M-660 (1970). 

Attorney General's Opinion 

/? 

General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITPEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

William J. Craig 

Linward Shivers 

Brandon Bickett 

James Mabry 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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