Ar;sniv 11.TExas May 12, 1965

Col. LaurenceT. Ayres ExecutiveAssistant Emer ency Resourses Planning Committee Box &

## 087

North Austin Station Austin, Texas 78751 Opinion No. C-440 Re: Authority to pay travel expenses incurredby members of the EmergencyResources Dear Sir: Planning CommitteeTask Groups We are in receipt of your letter of recent date requesting an opinion on the question hereinabove stated.

We quote the following fromyour letter: “On December 1, 1964, the Governor of the State of Texas, representedby Colonel Homer Garrison, Jr., State Coordinator,Office of Defense and Disaster Relief, entered into a contractwith the United States of America, through the Office of Emergency Planning, wherein it was agreed that the State shall prepare, test and submit an EmergencyResource Management Plan in return for a monetary considerationnot to exceed $46,975. The estimate used to determine the amount of money necessary to complete the project included $14,000 for travelpurposes, of which $9,000was scheduled for communlcations and task group travel. This amount was considered sufficient to defray travel costs incurredby members of the Emergency Resources Planning CommitteeTask Groups, most of whom are private citizens of the State. "Thisoffice is informed that the laws of the State of Texas preclude reimbursement of travel expenses of private citizens -2089-Col. LaurenceT. Ayres, page 2 (C-440)

. travelingon Statebusiness." Sections 2 and 3 of Article 6889-4, Civil Protection Act, provide:

"Sec. 2. The Governor shallprovide for the organization and coordinationof a program oft civil defense and disaster relief adequate to protect life and property in this State in case of natural disaster, enemy action, or the threat thereof. "Hemay establishby executiveproclamation a State Defense and Disaster Relief Council, consistingof the representativesof such State agencies, departments,and institutionsof the Statewhose legal functions relate to important phases of this activity and representativesof public or quasi-publicrelief organizations, and who may be designatedby the Governor. “Sec. 3. The Governor, or upon his designation, the State Defense and Disaster Relief Council,may issue,within the limits of constitutionalpower, such directivesand executive orders as may be necessary to effectuate thepurpose of this Act, which directives shallbe filed in the office of the Secretary of State and shall receivewidespreadpublicity and notice unless such notice will be of aid and comfort to the enemy." Section 5 of Article 6889-4, provides in part: "Wheneverthe Federal Government or any other public or private agency or individualmay offer to the State,
. . . funds as gifts, grants,

. . . for purposes of civil defense and/or disaster relief, the State, acting through the Governor,
. . .may accept such offer in behalf of the State,
. . .Whereany gift, grant, or loan is accepted by the State, the Governor or, upon his designation,
. . . the State Co-ordinator of Civil Defense and Disaster Relief, or such other officer or agency as the Governormay designate, shallhave authority to dispense the grant, .directly to accomplish the purposes for which itwas made, s . .A11 such funds receivedby the State shall be placed inCal. Laurence T. Ayres, page 3 (C-440)

the State Treasury in a special fund or funds and shallbe disbursedby warrants issuedby the Comptrollerof Public Accounts upon order of the Governor or his designated agent, . . .' As amended Acts 1953, 53rd Leg., p. 641, ch. 247, § 1;Acts 1953, 53rd Leg., p. 965, ch. 408, § 1. Under date of January 17, 1963, Governor John Connally issued Executive Order No. 1 which is quoted as follows:

"EXECUTIVEORDER NUMBER ONE Division of Defense and Disaster Relief Designation of State Coordinator 1. Pursuant to the authority vested in me by the Texas Civil ProtectionAct of 1951 (Acts 1951, 52nd Leg., Ch. 311, as amended), I hereby designate the Director of Public Safety as State Coordinator of Civil Defense and Disaster Relief and Chairman of the State Defense and Disaster Relief Council, In these capacities said Director shall serve as my designated agent in the administration and supervisionof the State Civil Defense and Disaster Relief Program in accordance with the Act to exercise the powers granted to the Governor therein. 2. The State CivilDefense and Disaster Relief Council is hereby authorized to issue such directives and executive orders as may be necessary to effectuate the purpose of the Civil ProtectionAct and is further authorized and empowered to exercise the specificpowers enumerated in theAct. All existing compacts,agreements, organizations,plans, operations, directivesand ,executiveol‘ders

not in conflictherewith are continued in full force and effect." Under date of December 1, 1964, the United States of America, acting through the Office of Emergency Planning, entered into a contractwith the State of Texas, acting by and through Colonel Homer P. Garrison, State Coordinator, Office of Defense and Disaster Relief, same being Contract No. OEP-SLP-64-g. Under Article II of said contract, the same provides: -2091-.F .,_

Col. Laurence T. Ayres, page 4 (C-440)

“1

. Consideration. The Government agrees to pay the State of Texas as complete compensation for all work and servicesunder this contract allowable and reimbursable costsnot to exceed the amount of $46,975. Allowable and reimbursable costs shall be determined in accordancewith General Provision 2, COSTS, of AppendixA. "2
. Firm Budget. The firm budget for this program is as follows: Phase I Phase II Total Salaries Trave1 CZ&n?~ations ti

Total $y& 3 $;:,;'oz q;;; , 200 2

1:77;0 0 ZZ256

00
$9,950 $37,025 $46,975 This firm budget represents the total funds authorized to be expendedby the State under this contract. Within the total establishedbudget, the Statemay increase or decrease, in an amount not to exceed 15percent, any of the line items contained in the firm budget without the express approval of the Office of Emergency Planning.

“3
. Advance of F'unds. An advance in the amount of $9,400 shall be provided to the State forpurposes of establishing a working fund for use under thisprogram. By executing this contract and accepting the advance, it is understood and agreed that the State shall handle the funds in accordancewith subparagraphsb. (119 (21, and (3) of General Provision 3, ADVANCES, of Appendix A. "4. Method of Payment. The State shall submit vouchersmonthly in accordancewith the proceduresprescribed in General Provision 4, METHOD OF REIMBURSEMENT, of AppendixA." -2092-Col. LaurenceT. Ayres, page 5 (C-440)

"Appen,dix

A "1
. GENERAL. The reimbursable costs of the project shallnot exceed the actual costs nor the amount stipulated in Article II of the contract. "2. COSTS.
a. Allowable Costs. OEP shall reimburse the State for reasonable costs actually expended for salaries, travel,,andprinting necessary to the performance of thework required under the terms of this contract. 1714.5). (See limitations,OEP Regulation

Proof of such expendituresmust be ~adequatelydocumented.

The following are allowable costs when related to the contract:

“(3) Travel expenses in accordance with regulationsof the State; where no State travel regulations exist, travel expenses shall be in accordancewith StandardizedGovernment Travel Regulations.

(a) Travel of project staff, includingunpaid personnel such as committee members or consultantsutilized in the performance of the contract,when approved by the Emergency Planning Director.

(b) Travel outside of the State,when approvedby the OEP Regional Director." (Emphasisadded) Homer P. Garrison, Jr., is shown to be the Emergency Planning Director of the State of Texas, as set out in directory issued from the ExecutiveOffice of the President.

Section 26 of Article V, House Bill 190. 86, Acts 58th Leg., Regular Session, 1963, (BiennialAppropriationBill), provides in part:
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Col. Laurence T. Ayres, page 6 (C-440)

“sec. 26. FEDERAL CONTRACTSAND AGREEMFNTS. None of the Federal funds appropriated for use by the terms of thisAct may be expendedpursuant to a contract or agreementwith the Federal Government unless end until the appropriate State agency has filed a copy of such contract or agreementwith the Secretary of State for recording.
. . .' We are advised that such contracthas been filedwith the Secretary of State.

In view of the provisions of Section 5 of Article 6889-4, Revised Civil Statutes of Texas, and the contract allowing travel expenses to be paid to: Travel of Project Staff, includingunpaid personnel such as committeemembers, we are of the opinion that such travel expense can be paid, when such travel expenses have been approvedby the Emergency Planning Director, from any sums available for such travel expenses,which have been receivedby the State of Texas,by virtue of the contractherein mentioned. SUMMARY Pursuant to Article 6889-4, travel expenses incurredby members of the Emergency Planning CommitteeTask Groups, can be paid, when such travel expenses have been approved by the Emergency Planning Director, from any sums available for such travel expenses,which have been receivedby the State of Texas, by virtue of the contractherein mentioned, on warrants issuedby the Comptrollerof Public Accounts. Yours very truly, WAGGONER CARR Attorqqy General

BY Assistant JRB:sj

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Col. Laurence T. Ayres, page 7 (C-440)

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Roy Johnson Frank Booth Kerns Taylor APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone

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