Tm-4 Arn~w~Ex GENERAL 

OF TEXAS 

Honorable Homer Garrison, Jr. Opinion No. M-221 

Director, Texas Department 

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 personal belongings of a patrolman transferred to 

another duty station 

when state-owned equipDear Mr. Garrison: ment is not available. 

By recent letter you have requested our opinion in reference to the captioned matter. We quote 

from your letter as followsr 

I) . . . 

*We would like your opinion as to 

whether the Texas Department of Public 

Safety can pay a commercial transportation 

company to move the house-trailer, including all of the household goods and personal 

effects, of a single DPS patrolman transferred from one station to another where 

state-owned equipment for such movement 

is not available.* 

Section 36 of Article V of Senate Bill 15, 

Acts 60th Legislature. 1967, Chapter 784, pages 2319- 

-1060- 
Ron. Homer Garrison, page 2, (M-221) 

2320, (the General Appropriation Bill), is quoted as 

follows: 

"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 Texas Employment Commission, 

Highway Department, Liquor Control Board, 

Parks and Wildlife Department, Railroad 

Commission, Department of Public Safety, 

Water Development 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 agenci.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 permanent duty 

stations at State expense, shall file a 

report of such moves with the Legislative 

Budget Board by November 1, 1967. Such 

report is to cover the pr.eceding fiscal 

year and include the number of such official transfers made, the employees' 

names and position titles, distances 

involved, and the detail of all expenditures for such transfers. It is specifically prwided that the authority 

granted by this section shall not extend 

to new employees." 

The Texas Department of Public Safety is 

specifically given authority to pay the costs of transporting and moving an employee's household goods and 

effects from one permanent duty station to another 

in State-owned equipment when the Department determines it will be in the best interest of the State. 

\ Additionally, your Department is authorized 

to utilize funds appropriated in Senate Bill 15, to 

reimburse an employee who pays a commercial transportation company to move the employee's household goods 

and other personal effects from one permanent duty 

station to another, if there is no State-owned equipment available for the move, and such a mwe will 

avoid imposing a hardship on the employee by 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 personal belongings or personal effects referred to in 

Section 36 of Article 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 is being transferred from one 

permanent duty station to another and no State-owned 

equipment is available for the move, and such move 

would impose a hardship upon the patrolman to work 

at his new station while 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 transportation company to mwe his 

household goods and other personal effects. 

Section 36 of Article 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 employee who pays a commercial 

transportation company to move a housetrailer, household goods and other personal effects of a patrolman to another 

permanent duty station when State-owned 

equipment is not available for the move. 

Vmtruly yours, 

At+&#ney General of Texas 

Prepared by James C. McCoy 

Assistant Attorney General 

APPRWKDr 

OPINION CCMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

Malcolm Quick 

Thomas Mack 

Linward Shivers 

A. J. CARUBBI, JR. 

Kxecutive Assistant 

-1063-