THEATTORNEYGENERAL 

OF-XAS 

WVILL WILSON 

A-RNEY GENERAL 

August 29, 1960 

Mr. D. C. Greer 

State Highway Engineer 

State Highway Building 

Austin, Texas Opinion No. WW-923 

Re: Whether an employee of the 

Texas Highway Department 

traveling to Austin to receive a longevity award is 

entitled to the per diem or 

actual expenses which are 

provided for in Section 33 

of Article V of the General 

Dear Mr. Greer: Appropriation Act. 

Your recent request for an opinion from this office 

reads, substantially, as follows: 

"In response to my request of November 

10, 1959, your office Issued opinion number 

WW-790 which upheld the constitutionality of 

the rider in our appropriation bill which 

authorized us to give certain of our employees 

longevity awards and pay for their transportation to Austin to receive such awards. . . .' 

"Would you please advise me whether or not 

an employee traveling to appear before the 

Commission under the provisions of the subject 

rider la entitled fin addition to transportation 

expensgto the per diem or actual expenses 

which are provided for In Section 33 of Article 

V of the General Appropriation Act." 

The "rider" of which you speak In the,General Appropriation Bill (House Bill 4, Acts of the 56th Legislature, 

Third Called, Session, 1959, chapter 23, page 442 at 590) provides as follows: 
Mr. D. C. Greer, Page 2 (WW-923) 

"As compensation in addition to that 

authorized to be paid above, the Highway 

Department is authorized to purchase and 

give to its employees at periodic intervals, 

under such rules and regulations as has been 

or may be adopted by the State Highway Commission, service award pIns and certificates 

for longevity of service and safety award pins 

and certificates for safe operation of state 

equipment; and the Department is also authorized as further additional compensation to 

provide, at state expense, for the transportation of employees with 25 years or more of 

service from their designated headquarters to 

Austin and return at intervals of not less 

than 5 year5 for the purpose of appearing before the State Highway Commission to receive 

said longevity service awards." (Emphasis 

added) 

Article 6823a, Vernon's Civil Statutes, the "Travel 

Regulations Act of 1959," deals with the payment of travel expenses to state employees. This Article mentions in its various sections three types of expenses, i.e. per diem or actual 

expenses, transportation allowance or transportation reimbursements and travel expenses. Therefore, we believe your question 

revolves around the interpretation of these expenses as applied 

to the above quoted rider. 

A "per diem" allowance means a flat daily rate payment in lieu of actual expenses Incurred for meals and lodging 

and as such shall be construed as additional compensation for 

official travel purposes only. Section 3a, Article 6823a, 

Vernon's Civil Statutes. 

"Transportation" is the movement of things or person8 

from one place to another or implies the taking of persons or 

property at some point and putting them down at another. Words 

and Phrases, Vol. 42, page 513. The "reimbursement" or "allowance" allowed by the statute would be a paying back, or making 

restoration of an equivalent to the expense of this movement 

only. 

"Travel expenses," as defined by the Supreme Court of 

80 N.E.. 2d 118 (120), comprehends 

ther charges reasonably incident thereto while on a Journey, including lodging, meals and kindred expenses incurred during the trip. We believe It was the Legislative intent for this term to have the above meaning as used 
. . 

Mr. D. C. Greer, Page 3 (WW-923) 

in Article 6823a, Vernon's Civil Statutes. 

Therefore, applying all these definitions together, 

we find that "per diem" and "transportation" expense, allowance or reimbursement are two separate and apart rates which 

are applied for different reaons,l while "travel expense" is 

broad enough to encompass both terms. 

The above quoted rider from the Appropriation Bill 

states that these pins and certificates are compensation In 

addition to that authorized and as further additional compensation to provide, at state expense, for th t ransportation 

-10 ees with 25 years or more service to Austin and 

FcsFs&r 

the 

The term "transportation" expense Is the only 

one used in this rider and, in view of the above, we are of 

the opinion the scope of its meaning does not include "per 

diem" allowance. 

The term "transportation" expense, even though we 

feel it would be unjustified, might be construed to mean 

'travel" expense, thereby including the payment of "per diem" 

allowance. If this be so, the "per diem" allowance to be 

paid, according to the above rider, would be "additional compensation." Thus, being subject to two constructions, we 

believe the following rule would apply. 

In Allen v. Davis, 333 S.W. 2d 441 (k&4),, the court 

stated: 

"We believe the law is settled in this 

state that where a statute is capable of two 

lThe Legislature bears this out by its treatment of 

the terms in Article 6823a. Section 3b states: 

"The rate of per diem and transportation 

allowance and method of computing these rates 

shall be those set forth In General Approprlation Acts providing for the expenses of the 

state government from year to year." (Emphasis 

added) 

Section 6d, states: 

"When two or more employee5 travel In a 

single private conveyance, only one shall receive a transportation allowance, but this provision shall not preclude each traveler from 

receiving a per diem allowance." (Emphasis 

added) 
, - 

Mr. D. C. Greer, Page 4 (WW-923) 

constructions, one of which would favor an 

officer contending for compensation from a 

political subdlvislon of the government above 

his salary and the other construction would 

not so favor such officer the construction 

should favor the government." 

Likewise, the Supreme Court stated in Madden v. 

Hardy, 92 Tex. 613, 50 S.W. 926 (928): 

11 

. . . We have under consideration a 

statute, the construction of which is very 

difficult. One construction would give to 

the official some compensation for his services in addition to his salary. The statute 

admits of another construction which would 

not have this effect. In such a case the 

latter should be adopted. . . ." 

PorthLs additional reason, we are of the opinion 

that the authority granted by the General Appropriation Bill 

to pay the transportation of certain highway employees to 

Austin and return does not include the granting of per diem 

allowance to these individuals. 

SUMMARY 

An employee of the Texas Highway Department 

traveling to Austin to receive an award for 

which the transportation is pald out of 

state expense Is not entitled to the per 

diem or actual expenses provided for in Section 33 of Article V of the General Appropriation Act. 

Yours very truiy, 

WILL WILSON 

Attorney General of Texas 

JMF:hb 
. 

Mr. D. C. Greer, Page 5 (WW-923) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Paul W. Floyd, Jr. 

Lawrence Hargrove 

Raymond V. Loftin 

William H. Pool, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.