### Tm-4 Arn~w~Ex GENERAL
OF TEXAS

Honorable Homer Garrison, Jr. OpinionNo. M-221 Director, 

### TexasDepartment of Public Safety Re: Whether Section 36 of 5805 North Lamar Blvd. Article V of Senate Austin, Texas 7875.1 Bill 15,Acts 60th Leg., 1967, Chapter 784, page 2319, authorizes the Texas Department of Public Safety to pay a commercial transportation company to move a house-trailer and all the personalbelongings of a patrolman transferred to another duty station when state-owned equipDear Mr. Garrison: ment is not available.

By recent letteryou have requested our opinion in reference to the captionedmatter. We quote from

### your letter as followsr

I)

. . .
*Wewould likeyour opinion 

### as to 

### whetherthe Texas Department of Public Safety 

### can pay a commercial transportation company to move thehouse-trailer, including all of thehousehold goods and personal effects, of a single DPS patrolman transferred from one station to anotherwhere state-owned equipment for such movement is not available.*
Section 36 ofArticle V of Senate Bill 15, Acts 60th Legislature. 1967, Chapter 784, pages 2319- -1060-Ron. Homer Garrison, page 2, (M-221)

2320, (theGeneralAppropriation Bill), is quoted as follows:

"None of themoneys appropriated in thisAct may be expended for paying expenses of moving the household goods
or other property or personal effects of officers or employees,providedhowever, that the Texas EmploymentCommission, Highway Department, Liquor Control Board, Parks and Wildlife Department,Railroad Commission,Department of Public Safety, Water Development Board, and other agencies when'specificallygranted such authority by thisAct, are authorized to pay costs of transportingand delivering only in State-owned equipment the household goods and effects of employees transferredby the named departments from one permanent station to another,when in the judgment of the,department,thebest interest of the statewill be servedby such transfer.

"It is further provided that in the "" event state-owned equipment is **not avail**  able, and to avoid imposing the hardship of an employeeworking in one **location**

**. ’**  while his family and personalbelongings
are located elsewhere, the above authority,, may be extended to include the **use** of a commercial transportationcompany for the moving 

### of the employeeshousehold goods and other personal effects. Such state agenciesmay 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 transportationcompany.

"Stateagenci.es

which are specifically authorized to use funds appropriated in this **Act** to move the household goods or personal effects of officials or employees transferred

-1061-Hon. Homer Garrison, page 3, (B-221)

by official order to new permanentduty stations at State expense, shall file a report of such **moves** with the Legislative Budget Boardby November 1, 1967. Such report is to cover the pr.eceding fiscal year and include the number of such official transfersmade, the employees'
names and position titles, distances involved, and the detail of all expenditures for such transfers. It is specifically prwided that the authority grantedby this section shall not extend to new employees."

The Texas Department of Public Safety is specificallygiven authority to pay the costs of transporting and moving an employee'shousehold goods and effects from one permanent duty station to another in State-owned equipmentwhen the Department determines it will be in thebest interest of the State. \ Additionally,your Department is authorized to utilize funds appropriated in Senate Bill 15, to reimburse an employeewho pays a commercial transportation company to move the employee'shousehold goods and other personal effects from one permanentduty station to another, if there is no State-owned equipment available for themove, and such a mwe will avoid imposing a hardship on the employeeby having his work at one location and his home in another.

A trailer-house is generally considered personal property and would fall into the category of personalbelongings or personal effects referred to in Section 36 ofArticle V. cf. Erwin v. Steele, 228 S.W.2d 882 (Tex.Civ.App.1950, error ref. **n.r.e.).**

Therefore, it is our opinion that if the patrolman in question isbeing transferred from one permanentduty station to another and no State-owned equipment is available for themove, and such move would impose a hardship upon the patrolman towork at his new stationwhile his place of residence or home is at the old duty station, then the Department -1062-Hon. **H-r** Garrison, page 4, (M-221)

may pay a commarcial transportationcompany to mwe his household goods and other personal effects.

Section 36 ofArticle V of Senate Bill 15,Acts of 60th Legislature, 1967, Chapter 784, pages 2319 and 2320 authorizes the Texas Department of Public Safety to utilize funds appropriated therein, to reimburse an employeewho pays a commercial transportationcompany to move **a** housetrailer,household goods and other personal effects of a patrolman to another permanent duty stationwhen State-owned equipment is not available for the **move.** Vmtruly yours,

At+&#ney General of Texas
Preparedby James C. McCoy Assistant Attorney General

APPRWKDr OPINIONCCMMITTEE

Hawthorne Phillips,Chairman Kerns Taylor, Co-Chairman

W. V. Geppert Malcolm Quick Thomas Mack Linward Shivers

A. J. CARUBBI, JR. KxecutiveAssistant

-1063-