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 apart of its legal responsibility for Child Welfare Services, maythe 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 apart of its legal responsibility for Child Welfare Services, maythe county pay the personnel employed in Child Welfare Units eight cents 

### (8$)amile for official travel incurred in the performance of their official duties?" In addition, you have furnished us factual background as follows: "Over anumber of years the State Department of Public Welfare in cooperation with the County Commissioners' Court has established Child Welfare Units in anumber 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 andpays the other expenses incident to conducting the Child Welfare Unit within the county.

"It has been the pattern over anumber of years for the county in manyinstances to furnish

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the travel expenses for the Worker as apart of the county’s contribution to the overall Child Welfare Program within the county. In manyinstances this was done onthe basis of astipulated 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 bythe 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#) amile.

“The counties are in agreement with using the official State rate or mileage schedule3 however, someof 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 andthat:

‘1.

. . Section 40, Article 695c, supra, expressly provides that funds maybe expended for the administration of the Board andtouviae for services to ana supvort of children in need.The opinion further stated that acquiring the services of astenographer and paying for such services would be proper since :

“Every function performed by the Board or its stenographer would be adirect benefit to the children within the Board’s province.” It is likewise our opinion that travel expenses connected with providing services andsupport of children covered byArticle 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 maybe 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 maypay such money as is reasonable andnecessary to fulfill the duties and responsibilities of Child Welfare Units. This office has continually stated that the determination of what constitutes reasonable andnecessary expenses is aquestion of fact andis 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 andnecessary travel expense while fulfilling their official duties, the determination of what constitutes reasonable andnecessary expenses being aquestion of fact to be decided by the Commissioners' Court of the county. Very truly yours, WAGGONER

CARR Attorney General

JB:mkh:wb APPROVED: OPINIONCOMMITTEE W. V. Geppert, Chairman Pat Bailey Milton Richardson V. F. Taylor Gordon Appleman APPROVED

FORTEEATTORNEY GENERAL BY: Stanton Stone

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