Hon. J. W. Wgar Commissioner of Education Texas Education Agency Austin, Texas Opinion No4V-1301

Re: Legality of paying salaries andtraveling expenses of vocational teacher trainers employed by the Texas Bducation Agency while teaching at State supported colleges Dear Sir: or universities.

In your letter requesting an opinion of this office you state the following:

"Wedesire an opinion of your office aoncerning the legality of paying salaries and traveling expenses of vocational teacher trainers employed by the Texas Education Agency while such vocational teacher trainers are conducting classes onthe oampusof a state supported aollege or university.

“Bach year the University of Texas andthe A&MCollege of Texas hold a joint six-weeks summersesslou particularly for teachers of trade and industrial subjects and for coordinators of Industrial cooperative training. Each summerthe staffs of both these institutions join together to provide the specialized training given 1x1 the summersession, and it ls held alternately at Austin andCollege Station. OflY trade and industrial teachers or Individuals possessing the basic qualifications required of such teachers are admitted to such classThese courses of Instruction are not ti&entional courses, anduntil about 1947. . Hon. J. W.Edgar, Page 2 (V-1301)

did not carry college credit of any descript ion. Since that time both A&M College andthe University of Texas have exercised their privilege of granting credit on any course that they deemproper andhave placed these courses among those for which credit is given.

“The training given in these sessions is a projeat of the State Board for Vocational Education of the Texas Education Agency carried onby one of its employees. The employee is given this assignment because the training of coordinators is a part of his job. Meetings are held at A&e MCollege or the University of Texas concurrent with summerschool because facilities are available during this period and b&cause the participants are available without makinga special trip. Originally tbsse sessions operated six to eight hours per day for twoweeks. Whenoperated in conjunction with summerschool, they are operated for three to four hours per day for six weeksen

Article 2658, Vernonts’Civil Statutes, the statute under which you acted in assigning an employee to teach at the joint summersession mentioned in your request, provides:

“He,@ommissioner of Educatio&&7shall inform himself concerning the educational progress of the different parts of this State and of other States. In so far as he maybe able, he shall visit different sections of this State and address teachers’ institutes, associations, summernormals and other eduaational gatherings instruct teachers and
arouse educationa i sentiment; and the Legislature shall makeadequate appropriation for necessary traveling expenses, or those of his representative, whenin the service of the State.”

In Attorney General’s Opinion O-1934 (l%), the above statute was construed, and it is there stated:_”

. Hon. J. W.Edgar, Page 3 (V-1301)

“Weconstrue the first portion of the second sentence of such Article as permitting the State Superintendent of Public Instruction, or his authorized representative, to visit different sections. of the State and address teachers’ Institutes
summer normals and other d associations,
e ucational gatherings of a similar nature to those previously enumerated, for the purpose of instructing teachers andarousing educational sentiment.

“This Article furnishes authority for incurring traveling expenses for the purposes enumerated therein. Bynecessary implication, there is granted no authority to the State Superintendent of Public Instruction or his representative to travel at the expense of the State for the purpose of addressing gatherings other than educational gatherings of a character similar to teachers’ institutes, associations, and summernormals.

. . .*

The sessions which you describe in your request
are in the nature of summernormals, since they are held for the purpose of training “trade or industrial teachers

or individuals possessing the basic qualifications required of such teachers.” Certainly the persons assigned by you to the summersessions were instructing teachers, and in either case the activity would comewithin the provisions of the above-quoted statute.

Underthe stated facts, the employee in question is not employed byTheUniversity of Texas or the Agricultural andMechanical College of Texas, nor does he receive any salary or compensation from either school. Weare of the opinion that he does not hold any position of honor, trust or profit in one of these institutions within the meaning~ofSection 33 of Article XVI, Constitution ofTexas, which forbids the issuance of awarrant to a State employeewhoholds any other position of honor, trust, or profit under the State. Therefore, the payment of his salary and traveling expenses is not in violation of this constitutional provision.

TheLegislature having madeadequate appropriation for the traveling expenses involved and the Cormplssioner of Education having express authority to send his representative to the joint summersession in question,,’

_ Hon. J. WIEdgar, Page 4 (V-1301)

the salary andtraveling expenses of the vocational teacher trainer in question mayproperly be paid.

The salaries and traveling expenses of vocational teacher trainers employed by the Texas Education Agency maybe paid while teaching a summersession for teachers of trade and industrial subjects, held at a State supported college OTuniversity.

Yours very truly,
APPROVB): PRICEDANIEL Attorney General C. K. Richards Trial &Appellate Division

Everett Hutchinson Executive Assistant

Charles D. Mathews First Assistant BYf* E. Jacobson Assistant

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