- . 

Honorable Claude Isbell 

Executive Secretary 

Board of Regents 

State-Teachers Colleges 

Box K, Capitol Station 

Austin, Texas 

January 22, 1957 

Opinion No. WW-3 

Re: Payment of travel expenses 

of the presidents and/or 

Dear Sir: 

We refer to your request 

the following data and question: 

their authorized representatives of the six State 

Teachers Colleges to Austin 

during sessions of the 

Legislature. 

presenting, in substance, 

'On December 20, 1956, the Board of Regents 

of the State Teachers Colleges passed the following resolution: 

"The President and appropriate members of 

the administrative staff of the six Teachers 

Colleges under the jurisdiction of this Board 

be authorized to attend called meetings initlated by the Council of College Pr,esi.dents and the 

following agencies; Legislative Budget Board, the 

Governor's Executive Budget off~ice, the Commission on Higher Education, or the Advisory Committee to the Commission on Higher Education and 

also in response to calls made by legislative 

committees; with the understanding the resolution on the same subject adopted by the Board 

at Huntsville, Texas, on October 26, 1956 remain 

in full force and effect. The motion adopted at 

the October 26 meeting reads as follows: 

The Board authorize the presence of the several 

presidents of thesix teachers colleges, and/or 

their authorized representatives and the necessary official travel incident to the said presence in Austin, Texas, for the performance of 

. 
Ron. Claude Isbell, page 2. (Opinion No. WW-3) 

their official duties and responsibilities 

at appropriate times during the interval in ' 

which the forthcoming regular session of the 

fifty-fifth Legislature may be convened. Such 

travel to be approved by the Chairman or a member of the local committee, provided the Chairman cannot be reached. In making a request for 

permission to go to Austin at State expense the 

President will set forth in his request the 

reason for going and after he has returned to 

give the Board a report on his activities and 

accomplishments while in Austin."' 

Question: Would the administrative officers or representatives of the state teachers colleges by complying with the 

foregoing resolution, be authorized to visit the City of Austin 

at any time during the 55th session of the Legislature and have 

their expenses paid for such trips out of the funds of these 

colleges? 

Section 21 of Article V of House Bill 140, Acts of 

the 54th Legislature, Regular Session, 1955, chapter 140, page 

1348 at page 1584 (Biennial Appropriation Bill, Special Provisions Generally Applicable to Agencies of Higher Education) provides: 

'Travel authorizations., None of the moneys 

appropriated in this Article to the respective 

state agencies of higher education may be expended for reimbursing the official travel expenses of any executive head thereof, or of any 

member of the administrative staff thereof, to 

Austin during sessions of the Texas Legislature 

without the specific and advance, written approval 

or authorization by the Governing,,Board .of such 

state agency of higher education. 

The explicit language of Section 21, supra, contemplates 

that before any of the administrative officers of the sevsral 

state agencies of higher education, which includes the state 

teachers colleges, shall' be entitled to reimbursement for travel 

expenses to Austin during sessions of the Texas Legislature It must 

appear that wrltten authorization for the specific trip was obtained from the governing board of the proper agency of higher 

education before such travel was performed. 
Hon. Claude Isbell, page 3. (Opinion No. W-3) 

Opinion No. O-4203 (1941) of this department concerned 

a provision of House Bill 272, Acts of the 47th Legislature, Regular Session, 1941, similar to the provisions of,Section 21, supra. 

It was held in this opinion that since the advance written consent of a school's governing board was not obtained as required~ 

by the statute, prior to the performance of out of state travel, 

reimbursement for such travel was not permitted. We quote, in - 

part, from the language of the foregoing opinion: 

"The act is clear and explicit In its requirement that 'no travel shall be performed outside the 

state except upon the advance written consent of 

the school's Board,,of Regents or Trustees'. No 

exception is made from this requirement, authorizing such travel in emergency without the advance 

written consent of the school's Board of Regents 

or Directors. We are not at liberty to reai such. 

exception into the provisions above quoted. 

We are confronted with the f,urther question of whether 

the Board of Regents of the State Teachers Colleges could delegate legal a,uthority to its chairman or a member of the local 

committee to pass upon applications for travel authorization 

to Austin during sessions of the Texas Legislature. It is our 

view that the Legislature by use of the language "specific and 

advance, written approval and authorization of,,the governing 

board of such state agency of higher education indicated its 

intention that only the governing head of such state agency of 

higher education should exercise the discretion and authority 

therein contained, and that the exercise thereof could not be 

delegated to either the chairman of the Board or Agency or a 

member of the local committee. The general rule of law here 

applicable is stated by~34 Texas Jurisprudence, Section 79, 

page 459, as follows: 

"It is a general rule that public duties 

must be performed and governmental powers exercised by the officer or body designated by law - 

that they cannot be delegated to others. This 

is particularly true of duties which are j,udicial in their nature or which call for the 

exercise of reason or discretion ant which are 

a part of the public trust assumed. 
Hon. Claude Isbell, page 4. (Opinion No. WW-3) 

We, therefore, conclude that the various administrative officers of the State Teachers Colleges shall be entitled to 

reimbursement for travel expenses to Austin during sessions of 

the Texas Legislature only If the provisions of Section 21, House 

Bill 140, supra, of the General Appropriation Bill of the 54th 

Legislature be complied with. This requires that such officer 

shall obtain the advance written consent of his governing board 

for each trip and that such consent may,be granted by said board 

only while in regular or special session with the necessary quorum 

present for the transaction of business. 

SUMMARY 

In order for the administrative officers of the 

State Teachers Colleges to be entitled to reimbursement for travel expenses to Austin during 

sessions of the Texas Legislature written, advance 

a,uthorization for each trip must be given by'the 

Board of Regents of said Colleges pursuant to the 

provisions of Section 21 of Article V of House 

Bill 140, Acts of the 54th,Legislature, Regular 

Session, 

1584. 

1955, chapter 140, page 1348 at page 

Such authority can be granted by the Board 

only at a regular or special meeting thereof with 

the necessary quorum present for the transaction 

of business. 

Yours very truly, 

WILL WILSON 

Attorney General 

LP:zt 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman