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 Agr icul 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 8 Mechanica: 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 and A. 8 M. Coilege” 

(naming the individual branches). 

Section 13 of 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 by member:? 

of governing boards, executive and admini strative 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 a national, regional, or 

State learned society approved In advance b: 

the executive head of the agency of higher 

education. No official 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 8 Mechanical College. Artlcfes 2584, 2610, 
Hon. Robert S. Calvert, page 2. (S-193) 

Vernon’s Civil Statutes. 

In Attorney General’s Opinion O-877 (1939) a similar 

question was decided concerning the General Appropriation Act 

of the 45th Legislature, 1937, In that opinion it was held: 

“Technically it is true that the Medical _ 

Branch of the University of Texas is only a branch 

of such University but it will be seen from the 

foregoing that such Medical Branch had its origin 

in a manner consistent with consideration as a 

separate institution, FurtIe rmore, we believe 

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 in which 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, we believe that it was the intention 

of the Legislature that the Dean of the Medical 

Branch should be considered as the head of an 

institution within the meaning of said Subsection 

6 and our answer to your question, therefore, is in 

the affirmative.” 

Subsequent to this opinion your office h,as followed the intcrpretation of the riders to the General Appropriation Act in 

accordance with the views therein expressed and the Legislature, 

although it has met many times, 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., 122 Tex. 21, 52 S.W.2d 56 (1932); Isbell 

v. Gulf Union Oil Co., 147 Tex, 6, 209 S.W.2d 762 (1948). 

Technically, the phrase “appropriate governing board 

or the executive head” may refer 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 8 Mechanical 

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 the 
Honorable 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 and Texas Agricultural 8 

Mechanical Coll,ege. 

You are, therefore, advised that the traveling experse 

accounts may be approved by the head? of ‘ho ‘-T)?>r?-(~^?l 2-rs”ch*z 

of the University of Texas and Texas Agricultural & Mechanical 

College System. 

The heads of the various individual 

branches of the University of Texas 

and Texas Agricultural S Mechanical 

College System, as set out in the 

General Appropriation Act, may approve 

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 

MARY K. WALL 

Reviewer 

J. A. AMIS, JR. 

Reviewer 

L. W. GRAY 

Special Reviewer 

DAVIS GRANT 

First Assistant 

JOHN BEN SHEPPERD 

Attorney General 

Yours very truly, 

JOHN BEN SHEPPER.D 

Attorney :&sneral of Texas 

Assistant