### E-Y GENE

Honorable Robert S. Calvcrt Opinion No. S-193 Comptroller of Public Accounts Capitol Station Rc: Authorization of travel Austin, Texas by employees of the

‘Jniversity of Texas and, Texas Agricul turai and Dear Mr. Calvert: Mechanical Col?ege System,

You have requested an opinion concerning the authorization of travel of employees of the Ilnilversity of Texas and the Agricultural 8Mechanica: College System. Your specific question is “who should approve traveling expense accounts for in state travel for the “‘oIlowing branches of the University of Texas andA. 8M. Coilege” (naming the individual branches).

Section 13of Article Vi of House Bi;l 1&C,Acts?>:f the 54th Legislature, Chapter 

### 519,page 1348, at page 

### 1591, provides:

“Travel by officers and employees c,f

agencies of higher education. No(:fi‘I,cial travel expense shall be %ncurred bymember:? of governing boards, executive and administrative heads, cr by any employee, of State agencies of higher education, inside or cutside of the boundaries of Texas, except for official business as approved by the apprcpriate governing board or the executive head. Official business shall include the forma! presentation of original researches by an employee, if before anational, regional, or State learned society approved In advance b: the executive head of the agency of higher education. Noofficial travel shall be performed by such members, heads, and employees, outside of State for any purpose except with the approval of the appropriate gr:verning board. ”
The governing board of the Univers2ty of Texas 1s the Board of Regents. The governing board of the Texas Agricultural 8 Mechanical College System is the Board of Directors of Texas Agricultural 8Mechanical College. Artlcfes 

### 2584,2610,Hon. Robert S. Calvert, page 2. 

### (S-193)

Vernon’s Civil Statutes.

InAttorney General’s Opinion O-877 (1939) asimilar question was decided concerning the General Appropriation Act of the 45th Legislature, 1937, In that opinion it washeld:

“Technically it is true that the Medical

_ Branch of the University of Texas is only abranch of such University but it will be seen from the foregoing that such Medical Branch had its origin in amanner consistent with consideration as a separate institution, FurtIermore, webelieve that it is commonly looked upon as an institution within itself,

“Considering all of the above facts, the manner in which the Medical Branch originated, its location separate and apart from the Main University, the manner inwhich the appropriation for the Medical Branch was set up in the appropriation billforrthit current :biennium, the duties of the Dean of the Medical Branch and the light in which the Medical School is generally looked upon, webelieve that it was the intention of the Legislature that the Deanof the Medical Branch should be considered as the head of an institution within the meaning of said Subsection 6andour answer to your question, therefore, is in the affirmative.” Subsequent to this opinion your office h,asfollowed the intcrpretation of the riders to the General Appropriation Act in accordance with the views therein expressed and the Legislature, although it has metmanytimes, has not made any substantial chanae. Therefore. such departmental construction should be followed unless it- is clearly erroneous. Federal Crude Oil Co.
v. Yount Lee Oil Co., 122Tex. 21, 52 S.W.2d 

### 56(1932); Isbell
v. Gulf Union Oil Co., 147Tex, 6, 209 S.W.2d 762 (1948).

Technically, the phrase “appropriate governing board or the executive head” mayrefer to the Board of Regents of the University of Texas, the Board of Directors of Texas Agricultural &Mechanical College, the President of the University of Texas and the Chancellor of Texas Agricultural 8Mechanical College System. However, in view of the legislative history of similar riders in Appropriation Acts, the departmental construction of these Acts and our previous opinion, it is our opinion that the Legislature intended to refer to the head of theHonorable Robert S. Calvert, page 3. (S-193)

various branches of the institutions set out in your request as designated in the Appropriation Act and orders of the governing boards of the University of Texas andTexas Agricultural 8 Mechanical Coll,ege.

You are,therefore, advised that the traveling experse accounts maybe approved by the head? of ‘ho ‘-T)?>r?-(~^?l 2-rs”ch*z of the University of Texas andTexas Agricultural &Mechanical College System.

The heads of the various individual

branches of the University of Texas and Texas Agricultural SMechanical College System, as set out in the General Appropriation Act, mayapprove traveling expense accounts for in st~ate travel in compliance with the provisions of Section 

### 13,Article VI, of House Bill 140, Acts of the 5lith Legislature, Chapter 519, page 

### 1348.

APPROVED:
J. C. DAVIS, JR. County Affairs Division
MARYK. WALL Reviewer
J. A. AMIS, JR. Reviewer
L. W.GRAY Special Reviewer
DAVISGRANT First Assistant
JOHNBENSHEPPERD Attorney General Yours very truly,
JOHNBENSHEPPER.D Attorney :&sneral of Texas

Assistant