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Honorable Robert S. Calvert Opinion NO. c-698 

Comptroller of Public Accounts 

Austin, Texas Re: Whether the Director 

of the Cotton Research Committee 

should be reimbursed 

on an actual expense 

or on a per diem basis 

while traveling for 

the State and related 

Dear Mr. Calvert: questions. 

You have requested an opinion from this office on 

the following matter: 

"Whether the Director of the Cotton Research Committee should be reimbursed on an 

actual expense or on a per diem basis while 

traveling for the State and related questions." 

Article 165-4a, Vernon's Civil Statutes, after setting forth the Legislature's policies, creates and establishes 

the Cotton Research Committee in the following language: 

%ec. 2. A Cotton Research Committee, composed of the Chancellor or Successor of the Texas 

Agricultural and Mechanical College System of the 

Texas Technological College, and the President of 

Texas Woman's University, is hereby created and 

established to cause surveys, research and investigations to be made relating to the utilization of 

the cotton fiber, cottonseed, and all other products of the cotton plant, with authority to contract with any and all Agricultural Agencies and 

Departments of the State, and all State Educational 

Institutions and State Agencies to perform any such 

services for said Committee and for the use of their 

respective available facilities, as it may deem proper, 

and to compensate such Agencies, Departments and Institutions, to be paid from money appropriated by the 

Legislature for the purposes of this Act, which appropriations of monies for cotton research are hereby 
Hon. Robert S. Calvert, page 2 (c-698) 

authorized; grants and gifts from the United 

States or private sources may be accepted for 

such purposes, and shall be subject only to 

limitations contained in such grants or gifts." 

Pursuant to the authority and power granted by 

Article 165-4a, the Committee promulgated and adopted a resolution appointing a Director of Cotton Research with extensive 

duties and responsibilities in the following language: 

"The.Committee holds the Director of 

Cotton Research Committee responsible for 

the promulgation of policies, establishment 

of budgets, and selection of research programs under which the cooperating institutions 

operate." 

Article 6823a of the Civil Statutes provides,in part, 

as follows: 

"Sec. 1. This Act is the 'Travel Regulation Act of 1959'". 

"Sec. 2. The provisions of this Act shall 

apply to all officers, heads of state agencies, 

and state employees. The provisions of this 

Act shall not apply to judges and other judicial 

employees paid by the state, counties or other 

political subdivisions pursuant to law. Heads 

of state agencies'shall mean elected state officials, excluding members of the Legislature who 

shall receive travel reimbursement as provided 

by the Constitution, appointed state officials, 

appointed state officials whose appointment is 

subject to Senate confirmation, directors of 

leaislative interim committees or boards. heads 

of state hospitals and special schools, and 

heads of state institutions of higher education. 

-(Emphasis added.) 

“Sec. 3. (a) Reimbursement from funds appropriated by the Legislature for traveling and other 

necessary expenses incurred by the various officials, heads of state agencies, and employees of 

the state in the active discharge of their duties 

shall be on the basis of either a per diem or 

actual expenses as specifically fixed and appropriated by the Legislature in General Appropriation 

Acts." 

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Hon. Robert S. Calvert, page 3 (c-698) 

Section 17-a, Article V, House Bill #12, Acts of the 

;og;:o~gislatu=, (G eneral Appropriation Bill), provides as 

'Executive Heads of State agencies, including 

the Executive Director of the Legislative Council, 

shall be reimbursed for their actual meals, lodging 

and incidental expenses when traveling on official 

business either in or out of the State." 

The effect of the Cotton Research Committee's action, 

in pursuance of legislative authority, qualifies the Director 

as an appointed State Official within the meaning of Article 

6823a, and authorizes him to be reimbursed for his official 

travel on an actual expense basis. 

The language used by the Legislature in Article 

165-4a clearly manifests an intention to provide broad and inclusive power to the Committee in promulgating establishing 

and effecting the purposes for which the Comttee was created. 

In delegating such authority, it is clear that the Committee 

was to have wide latitude and discretion in achieving these 

purposes. Following the legislative authorization, the Committee in its sound discretion and wisdom, passed the foregoing 

resolution so as to fulfill the legislative mandate. Such 

action on the part of the Committee is clearly within the legislative authorization and is not in conflict with tht Lzgislature's intent and policies. 

The prior departmental interpretation and construction of the provisions under consideration have been to allow 

the director to be compensated on an actual expense basis. 

This interpretation is of long standing, the Committee having 

been established in 1941, and continued through and after the 

enactment of the "Travel Regulation Act" in 1959. This interpretation and construction has been consistently applied, not 

only by the Committee which has the responsibility for carrying 

out, operating and achieving the purposes set forth in the act, 

but as well as by the interpretation and construction placed 

thereon by your office. Such long continued construction is 

entitled to great weight, especially in view of the fact that 

the Legislature has been in session numerous times subsequent 

to the adoption of this interpretation and construction. The 

Legislature is presumed to have been aware of this interpretation and construction, and made no changes in the language 

that would indicate a contrary intent. Burrough v. Lyles, 

142 Tex. 704, 181 S.W.2d 570, (1944). 

'Having held that such Director may be compensated on 

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Hon. Robert S. Calvert, Page 4 (c-98) 

an actual expense basis, we express no opinion on the other 

issue which you submitted. 

By letter dated May 20, 1966, you requested an opinion 

on the following supplemental question: 

"Whether the President of Arlington State 

College of Arlington, Texas, President of Texas 

Western University of El Paso, Texas, Dean of 

South Texas Medical School of San Antonio, Texas, 

and Dean of Southwestern Medical School of Dallas, 

Texas, should be compensated on an actual expense 

or on a per diem basis while traveling for the 

State?" 

Considered in the light of the foregoing, you are advised that it is the opinion of this office that all of such 

individuals are "heads of state institutions of higher education" within the meaning of Article 6823a, and as such are entitled to be compensated on an actual expense basis while 

traveling for the State. The functions and responsibilities 

of these individuals are controlling over the particular title 

which they may be given. 

SUMMARY 

The Director of the Cotton Research Committee is an appointed state official within 

the meaning of Article 6823a, Vernon's Civil 

Statutes, and as such is entitled to be reimbursed on an actual expense basis while 

traveling on official business for the State 

and you are authorized to issue a warrant for 

the reimbursement of such travel expense. 

Likewise, the President of Arlington State 

College, the President of Texas Western University, the Dean of South Texas Medical School 

and the Dean of Southwestern Medical School 

should be compensated on an actual expense 

basis while traveling for the State. 

Yours very truly; 

WAGGONER CARR 

Attorney General 

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7 

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Hon. Robert S. Calvert,.page 5 (c-698) 

JPC:mh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Malcolm Quick 

Harry Gee 

Marietta Payne 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

By: 

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