EA ORKEY ENE 

OF TEXAS 

Mr. R. L. Coffman 

Administrator 

Opinion NO. c-271 

Texas Employment Commission Re : 

Austin, Texas 

Travel expense of employees of 

Texas Employment Commission 

appearing before representatives of the Bureau of Employment Security, United States 

Department of Labor, at meetings with representatives of 

the various states to discuss 

methods of administration deDear Mr. Coffman: 

signed to further the Employment Security Program. 

Your request for an opinion reads in part as follows: 

“I have been directed by the Commission to 

request an opinion concerning travel expenses 

allowable to employees of this agency while on 

out-of-state trips to represent the State before 

Federal agencies or agencies of other states. 

“The interstate operations of this agency 

and its relation to the Federal government occasion a considerable amount of travel by representatives of the Commission to Washington, D.C. 

and to other states to represent the interests 

of the State. 

“For internal administrative purposes, the 

Texas Employment Commission has published travel 

regulations which have been submitted to and approved by the Bureau of Employment Security, 

United States Department of Labor. The Commission’s rules limit reimbursement for per diem on 

out-of-state travel to actual cost of the hotel 

room or similar accommodation, plus an allowance 

for meals not to exceed $9.00 per day. Since all 

administrative funds of the Texas Employment Commission are derived from federal grants, the 

Bureau of Employment Security shares budgetary 

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- 

Mr. R. L. Coffman, page 2 (C-271) 

control over Commission activities with the State, 

The Bureau of Employment Security has specifically 

approved expenditures for out-of-state per diem 

made in accordance with the Commission’s internal 

travel regulation. So far as administrative practice is concerned, expense accounts of Commission 

employees charging out-of-state per diem in excess 

of $15 per day have been routinely approved in the 

past, in appropriate cases, both by the State Comptroller and Federal authorities. 

“As is evident, the Commission’s policy and 

practice does not ordinarily permit the employee 

to receive even the full $35 per diem allowed by 

the Legislature. However, it does permit reimbursement of the employee’s actual expenses, which is 

very important on trips to Washington, D.C., New 

York, and some other large cities where a minimumrate hotel room might alone require the entire $15 

per diem, if that was the limit allowable. 

“We therefore respectfully request your opinion concerning whether employees of the Texas Employment Commission traveling out of state at the 

direction of the Commission to represent the State 

before Federal agencies and agencies of other states 

must appear at what could be termed a ‘hearing’ in 

order to be entitled to out-of-state per diem in excess of $15 per day.” 

Subdivision c of Section 17 of Article V of the current 

Appropriation Act provides: 

“Any Assistant Attorney General, or representative of the State Health Department, or representative of the Adjutant General, or representative of 

the State Board of Education, or representative of 

the Department of Public Welfare, or representative 

of the State Highway Commission, or representative 

of the Railroad Commission, or representative of the 

Texas Employment Commission, when any of the employees of these departments are directed bv the anDroDria eoverning board o r department head to reDreSent 

tk,” State before anv Federal agencies or agencies of 

other states in any other state or Washinptan.., 

shall receive actual meals, lodging and incidental 

expenses, not to exceed Thirty-five Dollars ($35) 

per day.” 

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Mr. R. L. Coffman, page 3 (C- 271) 

The Comptroller of Public Accounts has refused to pay 

the expense accounts referred to in your request for the reason 

that in his opinion said travel does not come within the provisions of the General Appropriation Act above quoted. You state 

in your request that such travel was upon the express direction 

of the Texas Employment Commission; that such travel was made 

for the purpose of appearing "before representatives of the Bureau 

of Employment Security, United States Department of Labor at meetings with rep~resentatives of various states to discuss methods of 

administration designed to further the Employment Security Program." 

It is noted, under the facts submitted that employees 

of an agency named in Subdivision c of Section 1 2/ were directed by 

the appropriate governing board to represent the State before representatives of Federal A,gencies; therefore, such travel is in compliance with the provisions of the General Appropriation Act, and 

such employees are entitled to receive actual meals, lodging, and 

incidental expenses not to exceed $35.00 per day. 

Employees of the Texas Employment Commission traveling 

out of the state when directed by the Commission to represent the 

states before Federal Agencies and agencies of other states to discuss methods of administration designed to further the Employment 

Security program are entitled to receive actual meals, lodging and 

incidental expenses not to exceed $35.00 per day, pursuant to the 

provisions of Subdivision c of Section 17 of Article V of the General Appropriation Act, 

SUMMARY 

Employees of the Texas Employment Commission traveling out of the state when directed by the Commission 

to represent the states before Federal Agencies and 

agencies of other states to discuss methods of administration designed to further the Employment Security 

program are entitled to receive actual meals, lodging 

and incidental expenses not to exceed $35.00 per day, 

pursuant to the provisions of Subdivision c of Section 

17 of Article V of the General Appropriation Act. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:wb 

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Mr. R. L. Coffman, 

APPROVED: 

OPINION COMMITTEE 

page 4 (C-271) 

hT. V. Geppert, Chairman 

Pat Bailey 

Brady Coleman 

Al10 Crow 

Linward Shivers 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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