Hon. J. W. Wgar 

Commissioner of Education 

Texas Education Agency 

Austin, Texas 

Opinion No4 V-1301 

Re: Legality of paying salaries 

and traveling 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: 

"We desire 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 on the 

oampus of a state supported aollege or university. 

“Bach year the University of Texas 

and the A & M College of Texas hold a joint 

six-weeks summer sesslou particularly for 

teachers of trade and industrial subjects 

and for coordinators of Industrial cooperative training. Each summer the staffs of 

both these institutions join together to 

provide the specialized training given 1x1 

the summer session, and it ls held alternately at Austin and College 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, and until 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 and the University of Texas have 

exercised their privilege of granting 

credit on any course that they deem proper and have 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 on by 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 

M College or the University of Texas concurrent with summer school because facilities are available during this period and 

b&cause the participants are available without making a special trip. Originally tbsse 

sessions operated six to eight hours per day 

for two weeks. When operated in conjunction with summer school, 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 summer session mentioned in your 

request, provides: 

“He ,@ommissioner of Educatio&&7 shall 

inform himself concerning the educational 

progress of the different parts of this State 

and of other States. In so far as he may be 

able, he shall visit different sections of 

this State and address teachers’ institutes, 

associations, summer normals and other eduaational gatherings instruct teachers and 

arouse educationa i sentiment; and the Legislature shall make adequate appropriation for 

necessary traveling expenses, or those of his 

representative, when in 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) 

“We construe 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 and arousing educational sentiment. 

“This Article furnishes authority for 

incurring traveling expenses for the purposes 

enumerated therein. By necessary 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 summer normals. . . .* 

The sessions which you describe in your request 

are in the nature of summer normals, 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 summer sessions were instructing teachers, 

and in either case the activity would come within the provisions of the above-quoted statute. 

Under the stated facts, the employee in question 

is not employed by The University of Texas or the Agricultural and Mechanical College of Texas, nor does he receive 

any salary or compensation from either school. We are of 

the opinion that he does not hold any position of honor, 

trust or profit in one of these institutions within the 

meaning ~of Section 33 of Article XVI, Constitution ofTexas, 

which forbids the issuance of a warrant to a State employee who holds 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. 

The Legislature having made adequate appropriation for the traveling expenses involved and the Cormplssioner of Education having express authority to send his 

representative to the joint summer session in question, 
,’ _ 

Hon. J. WI Edgar, Page 4 (V-1301) 

the salary and traveling expenses of the vocational 

teacher trainer in question may properly be paid. 

The salaries and traveling expenses 

of vocational teacher trainers employed by 

the Texas Education Agency may be paid 

while teaching a summer session for teachers of trade and industrial subjects, held 

at a State supported college OT university. 

Yours very truly, 

APPROVB): PRICE DANIEL 

Attorney General 

C. K. Richards 

Trial & Appellate Division 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

BY f* 

E. Jacobson 

Assistant 

EJtwb