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Honorable Robert S. Calvert Opinion NO. c-698

Comptrollerof Public Accounts Austin, Texas Re: Whether the Director of the Cotton Research Committee shouldbe 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 followingmatter:

"Whether the Director of the Cotton Research Committee shouldbe 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'spolicies, 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 tobe 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 AgriculturalAgencies and Departments of the State, and all State Educational Institutionsand State Agencies to perform any such services for said Committee and for the use of their respective available facilities,as it may deemproper, and to compensate suchAgencies, Departments and Institutions, to be paid frommoney appropriatedby the Legislature for the purposes of thisAct, which appropriations of monies for cotton research are herebyHon. Robert S. Calvert,page 2 (c-698)

authorized;grants and gifts from the United States or private sourcesmay be accepted for suchpurposes, and shallbe subject only to limitations contained in such grants or gifts."

Pursuant to the authority and power grantedby Article 165-4a, the Committeepromulgated and adopted a resolution appointinga Director of Cotton Researchwith extensive duties and responsibilities in the following language:
"The.Committeeholds the Director of Cotton Research Committee responsible for the promulgation of policies, establishment of budgets, and selectionof research programs underwhich the cooperating institutions operate."
Article 6823a of the Civil Statutes provides,inpart, as follows:

"Sec. 1. ThisAct is the 'TravelRegulationAct of 1959'".

"Sec. 2. The provisions of thisAct shall apply to all officers,heads of state agencies, and state employees. The provisions of this Act shallnot apply to judgesand other judicial employeespaid by the state, counties or other political subdivisionspursuant to law. Heads of state agencies'shallmean elected state officials, excludingmembers of the Legislaturewho shall receive travel reimbursementas provided by the Constitution,appointed state officials, appointed state officialswhose appointment is subject to Senate confirmation,directors of leaislative interim committees or boards. heads of statehospitals and special schools, and heads of state institutionsof higher education. -(Emphasis

added.)

“Sec. 3. (a)Reimbursement from funds appropriatedby the Legislature for travelingand other necessary expenses incurredby the various officials,heads of state agencies, and employees of the state in the active discharge of their duties shallbe on the basis of either a per diem or actual expenses as specifically fixed and appropriatedby the Legislature in GeneralAppropriation Acts." -3366-Hon. Robert S. Calvert,page 3 (c-698)

Section 17-a,Article V, House Bill #12, Acts of the ;og;:o~gislatu=, (G eneralAppropriation Bill), provides as

'ExecutiveHeads of State agencies, including the Executive Director of the Legislative Council, shallbe reimbursed for their actual meals, lodging and incidentalexpenseswhen traveling on official business either in or out of the State."
The effect of the Cotton Research Committee'saction, in pursuance of legislativeauthority, 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 languageused by the Legislature in Article 165-4a clearly manifests an intention to provide broad and inclusivepower 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 authorizationand is not in conflictwith tht Lzgislature's intent and policies.

The prior departmental interpretationand construction of the provisions under considerationhave been to allow the director to be compensated on an actual expense basis. This interpretation is of long standing, the Committeehaving been established in 1941, and continued through and after the enactment of the "Travel Regulation Act" in 1959. This interpretation and constructionhas been consistently applied, not onlyby the Committeewhich has the responsibility for carrying out, operating and achieving the purposes set forth in the act, but as well as by the interpretationand constructionplaced thereonby your office. Such long continued construction is entitled to great weight, especially in view of the fact that the Legislaturehas 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).

'Havingheld that such Director may be compensatedon

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an actual expensebasis, we expressno opinion on the other issue which you submitted.

By letter dated May 20, 1966, you requested an opinion on the following supplementalquestion:

"Whetherthe 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 SouthwesternMedical School of Dallas, Texas, shouldbe compensatedon an actual expense or on a per diembasis 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 individualsare "headsof state institutionsof higher education"within the meaning of Article 6823a, and as such are entitled to be compensatedon an actual expensebasis while traveling for the State. The functionsand responsibilities of these individualsare controllingover the particular title which they may be given.

SUMMARY

The Director of the CottonResearch Committee is an appointed state officialwithin the meaning of Article 6823a, Vernon's Civil Statutes, and as such is entitled tobe reimbursed on an actual expensebasis while traveling on officialbusiness for the State and you are authorized to issue a warrant for the reimbursementof such travel expense. Likewise, the President of Arlington State College, the President of TexasWestern University, the Dean of South Texas Medical School and the Dean of SouthwesternMedical School shouldbe compensated on an actual expense basis while traveling for the State.

Yours very truly;

WAGGONER CARR Attorney General

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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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