### 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 anopinion reads in part as follows:

“I have been directed bythe Commission to request anopinion 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 andits relation to the Federal government occasion aconsiderable amount of travel by representatives of the Commission toWashington, D.C. andto 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 andapproved by the Bureau of Employment Security, United States Department of Labor. TheCommission’s rules limit reimbursement for per diem on out-of-state travel to actual cost of the hotel room or similar accommodation, plus anallowance 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, TheBureau of Employment Security has specifically approved expenditures for out-of-state per diem madein accordance with the Commission’s internal travel regulation. Sofar as administrative practice is concerned, expense accounts of Commission employees charging out-of-state per diem in excess of $15 per dayhave been routinely approved in the past, in appropriate cases, both by the State Comptroller andFederal authorities.

“As is evident, the Commission’s policy and practice does not ordinarily permit the employee to receive even the full 

### $35per diem allowed by the Legislature. However, it does permit reimbursement of the employee’s actual expenses, which is very important ontrips toWashington, D.C., New York, andsomeother large cities where aminimumrate hotel roommight alone require the entire $15 per diem, if that wasthe limit allowable.

“Wetherefore 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 andagencies of other states must appear at what could betermed a ‘hearing’ in order to be entitled to out-of-state per diem in excess of 

### $15per day.” Subdivision cof Section 

### 17of Article Vof the current Appropriation Act provides:

“AnyAssistant 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, whenany of the employees of these departments are directed bv the anDroDria eoverning board ordepartment head to reDreSent tk,” State before anvFederal agencies or agencies of other states in anyother state or Washinptan.., shall receive actual meals, lodging andincidental expenses, not to exceed Thirty-five Dollars 

### ($35) per day.”

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### 3 (C- 

### 271)

TheComptroller 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 comewithin the provisions of the General Appropriation Act above quoted. You state in your request that such travel wasupon the express direction of the Texas Employment Commission; that such travel wasmade 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 anagency namedin Subdivision cof Section 12/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 whendirected bythe Commission to represent the states before Federal Agencies andagencies 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 cof Section 17of Article Vof the General Appropriation Act, SUMMARY

Employees of the Texas Employment Commission traveling out of the state whendirected bythe 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 andincidental expenses not to exceed $35.00 per day, pursuant to the provisions of Subdivision cof Section 17of Article Vof the General Appropriation Act. Yours very truly, WAGGONER

CARR Attorney General

JR:wb
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APPROVED:
OPINIONCOMMITTEEpage 4 (C-271)

hT.V. Geppert, Chairman Pat Bailey Brady Coleman Al10 Crow Linward Shivers APPROVED

FORTHEATTORNEY GENERAL
BY: Stanton Stone

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