. 

October 24, 1968 

Honorable Robert'S. Calvert Opinion No. M-301 

Comptroller of Public Accounts 

State Capitol Building Re: Whether certain travel 

Austin, Texas expenses of a District 

Judge are legally reimbursed under Senate 

Bill No. 15, Acts of 

the 60th Legislature, 

Dear Mr. Calvert: Article 1, Item No. 13. 

you have requested our opinion on whether certain items 

in a travel expense account submitted to'you from a District 

Judge traveling to and attending the "National College of State 

Trial Judges" during the months of July and August, 1968, provided for in Senate Bill No. 15, Acts of the 60th Legislature, 

Article 1, Item 13 of the appropriations to the Supreme Court, 

are reimburseable items of expense. Specifically, you asked, 

"whether the infirmary fee of $4.00, parking permit fee of 

$1.00, the rental of air-conditioning of $38.00 and the laundry 

charge of $14.75 is a legal charge properly payable by the 

State as reimbursement." 

Item 13 of the appropriations to the Supreme Court 

for the year ending August 31, 1968, reads as follows: 

"13. For expenses incurred by District 

Judges in attending the National College of 

State Trial Judges . . . $S,OOO.OO." 

The rider in the appropriations to the Supre_me Court 

states with regard to Item 13: 

"The appropriation made in Item 13 above 

may be disbursed by the Chief Justice upon 

presentation of a sworn account setting forth 

the purpose for which the expense was incurred 

and the amounts thereof." 

In Attorney General Opinion M-118 (1967), it was held 

that riders in the general appropriations act were applicable to 

travel reimbursement for District Judges on September 1, 1967. 

Subdivision A of Section 17 of Article 5 of Senate Bill 15, 

- 1464 - 
Hon. Robert S. Calvert, page 2 (M-301) 

provides that Judicial Officers shall be reimbursed for "actual 

meals, lodging and incidental expenses." The traveling expense 

account submitted with your request has been approved forpayment by Robert W. Calvert, Chief Justice of the Supreme Court of 

Texas, in accordance with the provisions of Senate Bill 15 above 

quoted. The items which you have inquired about are individually 

explained by the District Judge submitting the travel expense 

account as follows: 

"Taken individually: 

"1. Infirmary - $4.00. This is a charge 

made by the University of North Carolina 

of all students uponlregistration. I 

did not use,the infirmary but was required to pay this fee. We had no 

choice but to pay the same. 

"2 . 

"3 . 

"4 . 

Parking Permit - $1.00. Likewise, this 

is not a charge for parking of the automobile, but ,rather a permit which was 

attached to the windshield of the auto permitting its entrance to the school grounds. 

We had no choice but to pay same.~ 

Air-Conditioning Rental - $28.00. We were 

housed in non-airconditioned quarters at a 

greatly reduced rate covering~room and board 

for weekly meals. We could have changed 

quarters to those which were air-conditioned 

off campus, which did not include meals. nowever, it would have added substantially to 

our expenses. Actually, the out of pocket 

cost of air-conditioning was more than the 

$28.00 listed, but was put on the expense 

account at $1.00 per day. Here we had a 

choice but the additional expenses would 

have been.approximately $75.00 per Judge. 

Laundry - $14.75. This was also an actual . 

out of pocket expense entailed by our attendance at the College. Except for our stay 

at the College where laundry had to be sent 

out, I assure you that it would have been 

done by my ever-loving wife in her own Bendix 

and with iron & board, as she has been doing 

for the past 25 years of our marriad~life." 

- 1465 - 
Hon. Robert S. Calvert, page 3 (M-301) 

,: 

It is our opinion that in view of the explanations of 

expenses, which arose as reasonable incidents in connection with 

the authorized business trip, such items constituted "Incidental 

Expenses” incurred while traveling to and attending~the National 

College of State Trial Judges specifically authorized by the 

Legislature. Accordingly, you are advised that such expenses 

constitute expenses properly payable by the State as reimbursement. 

As a matter of future information, for possible application to situations arising under the 1968-1969 appropriation 

bill,~and in connection with the,parking permit fee, it is to be 

noted that in Subdivision A of Section 17 of Rouse Bill No. 5, 

Acts of the 60th Legislature, First Called Session, after in: 

cidental expenses we find the following phrase: "(exclusive of 

expenses related to automobiles for which transportation allowance is paid as provided by Section 14a. of this Article)". 

Therefore, for the-current fiscal year, traveling expenses related to automobiles will be governed by Section 14a rather than 

Sec. 17a of Article 5 of House Bill 5. 

SUMMARY 

Charges required to be paid by a District : 

Judge traveling to and attending the National ,.' ,, 

College of State Trial Judges specifically authorized by Senate Bill No. 15 (general appropriations act for the year ending August 31, 

1968), together with certain rental and laundry 

charges, constitute "incidental expenses" incurred and are authorized to be reimbursed out 

of an item of appropriation made for such purpose. 

truly yours, 

Prepared by John Reeves 

Assistant Attorney General 

-1466- 
Hon. Robert S. Calvert+,page 4 (~-301) 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

John Banks 

Malcolm Quick 

Ralph Rash 

James A. Cowden 

A. J. CARUBBI, JR. 

Executive Assistant 

- 1467 -