THEATTORNEYGENERAL 

oF%%x~s 

AT-FORNRX Dl!xT&~*L December 2, 1963 

Hon. John Winters 

Commissioner 

Department of 

Austin, Texas 

Opinion No. C- 189 

Public Welfare Re: As a part of its legal 

responsibility for Child 

Welfare Services, may the 

county pay the personnel 

employed in Child Welfare 

Units eight cents (8g) a 

mile for official travel 

incurred in the performance of their official 

Dear Mr. Winters: duties? 

This is in reply to your letter of November 21, 1963, 

in which, you asked~ the following question: 

"As a part of its legal responsibility for 

Child Welfare Services, may the county pay the 

personnel employed in Child Welfare Units eight 

cents (8$) a mile for official travel incurred 

in the performance of their official duties?" 

In addition, you have furnished us factual background 

as follows: 

"Over a number of years the State Department of Public Welfare in cooperation with the 

County Commissioners' Court has established 

Child Welfare Units in a number of counties in 

the State. 

"The State Department of Public Welfare pays 

the salaries of most of the personnel employed in 

the Units, while the county pays the salaries in 

some instances of some of the personnel and pays 

the other expenses incident to conducting the 

Child Welfare Unit within the county. 

"It has been the pattern over a number of 

years for the county in many instances to furnish 

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Bon. John Winters, page 2 (c-189) 

the travel expenses for the Worker as a part 

of the county’s contribution to the overall 

Child Welfare Program within the county. In 

many instances this was done on the basis of 

a stipulated amount per month. 

“The Department considered that it would 

be more equitable if the travel expenses were 

paid on the basis of actual mileage traveled 

by the Worker. In formulating the agreement 

with the county, the Department had suggested 

that the rate for mileage be established on 

the basis of the official legal rate or mileage 

schedule provided for State employees which is 

currently eight cents (8#) a mile. 

“The counties are in agreement with using 

the official State rate or mileage schedule3 

however, some of the County Auditors have 

raised the question as to the legality of the 

county’s paying the legal rate for mileage paid 

by the State on the basis that they cannot legally pay this amount to county employees. . . .‘I 

In Attorney General’s Opinion No, O-5943 (19%), in 

considering the method of handling expenditures of county funds 

for child welfare services administered by Child Welfare Boards, 

it was stated that the Legislature has conferred upon the Commissioners’ Court power to expend funds for the purpose enumerated in the Child Welfare Act and that: 

‘1. . . Section 40, Article 695c, supra, 

expressly provides that funds may be expended 

for the administration of the Board and to uviae for services to ana supvort of children in 

need. 

The opinion further stated that acquiring the services 

of a stenographer and paying for such services would be proper 

since : 

“Every function performed by the Board or 

its stenographer would be a direct benefit to 

the children within the Board’s province.” 

It is likewise our opinion that travel expenses connected with providing services and support of children covered 

by Article 695a, Vernon’s Civil Statutes, and related Acts may 

be properly paid out of County funds. 

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__ 

Hon. John Winters, page 3 Cc- 189) 

The Statutes, however, are silent as to the rate per 

mile that persons employed in Child Welfare Units may be paid 

for travel incurred in carrying out the official business of 

the Child Welfare Units. While the Legislature by House Bill 

86, Acts of the 58th Legislature, Regular Session, 1963, provided that State employees would receive eight cents (89) a 

mile for official travel expense, this does not apply to persons employed by Counties. 

It is our opinion, therefore, that the Commissioners' 

Court in allowing travel expenses may pay such money as is reasonable and necessary to fulfill the duties and responsibilities 

of Child Welfare Units. This office has continually stated that 

the determination of what constitutes reasonable and necessary 

expenses is a question of fact and is to be determined by the 

Commissioners' Court itself. Attorney General's Opinions Nos.' 

O-995 (19391, O-3670 (1941) and V-607 (1948). 

SUMMARY 

Persons employed by County Child Welfare 

Units may.receive reasonable and necessary 

travel expense while fulfilling their official 

duties, the determination of what constitutes 

reasonable and necessary expenses being a question of fact to be decided by the Commissioners' 

Court of the county. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

JB:mkh:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Milton Richardson 

V. F. Taylor 

Gordon Appleman 

APPROVED FOR TEE ATTORNEY GENERAL 

BY: Stanton Stone 

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