Ar;sniv 11. TExas 

May 12, 1965 

Col. Laurence T. Ayres 

Executive Assistant 

Emer ency Resourses Planning Committee 

Box & 087 North Austin Station 

Austin, Texas 78751 

Opinion No. C-440 

Re: Authority to pay travel 

expenses incurred by members 

of the Emergency Resources 

Dear Sir: 

Planning Committee Task 

Groups 

We are in receipt of your letter of recent date 

requesting an opinion on the question hereinabove stated. 

We quote the following from your letter: 

“On December 1, 1964, the Governor of the 

State of Texas, represented by Colonel Homer 

Garrison, Jr., State Coordinator, Office of 

Defense and Disaster Relief, entered into a 

contract with the United States of America, 

through the Office of Emergency Planning, 

wherein it was agreed that the State shall 

prepare, test and submit an Emergency Resource 

Management Plan in return for a monetary 

consideration not to exceed $46,975. The 

estimate used to determine the amount of 

money necessary to complete the project 

included $14,000 for travel purposes, of 

which $9,000 was scheduled for communlcations and task group travel. This amount 

was considered sufficient to defray travel 

costs incurred by members of the Emergency 

Resources Planning Committee Task Groups, 

most of whom are private citizens of the 

State. 

"This office is informed that the laws 

of the State of Texas preclude reimbursement 

of travel expenses of private citizens 

-2089- 
Col. Laurence T. Ayres, page 2 (C-440) 

. 

traveling on State business." 

Sections 2 and 3 of Article 6889-4, Civil Protection 

Act, provide: 

"Sec. 2. The Governor shall provide for the 

organization and coordination of 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. 

"He may establish by executive proclamation 

a State Defense and Disaster Relief Council, 

consisting of the representatives of such State 

agencies, departments, and institutions of the 

State whose legal functions relate to important 

phases of this activity and representatives of 

public or quasi-public relief organizations, 

and who may be designated by the Governor. 

“Sec. 3. The Governor, or upon his 

designation, the State Defense and Disaster 

Relief Council, may issue, within the limits 

of constitutional power, such directives and 

executive orders as may be necessary to effectuate the purpose of this Act, which directives 

shall be filed in the office of the Secretary 

of State and shall receive widespread publicity 

and notice unless such notice will be of aid 

and comfort to the enemy." 

Section 5 of Article 6889-4, provides in part: 

"Whenever the Federal Government or any 

other public or private agency or individual may 

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, . . .Where any 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 Governor may 

designate, shall have authority to dispense the 

grant, . directly to accomplish the 

purposes for which it was made, s . .A11 such 

funds received by the State shall be placed in 
Cal. Laurence T. Ayres, page 3 (C-440) 

the State Treasury in a special fund or 

funds and shall be disbursed by warrants 

issued by the Comptroller of 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: 

"EXECUTIVE ORDER NUMBER ONE 

Division of Defense and Disaster Relief 

Designation of State Coordinator 

1. Pursuant to the authority vested in 

me by the Texas Civil Protection Act 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 supervision of 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 Civil Defense 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 Protection Act and is further 

authorized and empowered to exercise the 

specific powers enumerated in the Act. 

All existing compacts, agreements, organizations, plans, operations, directives and 

,executive ol‘ders not in conflict herewith 

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 contract with 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 services under this contract allowable and 

reimbursable costs not to exceed the amount of 

$46,975. Allowable and reimbursable costs shall 

be determined in accordance with General Provision 2, COSTS, of Appendix A. 

"2 . Firm Budget. 

The firm budget for this program is 

as follows: 

Phase I Phase II Total 

Salaries 

Trave 1 

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 expended by the State under this 

contract. Within the total established budget, 

the State may increase or decrease, in an amount 

not to exceed 15 percent, 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 for purposes of establishing 

a working fund for use under this program. By 

executing this contract and accepting the advance, 

it is understood and agreed that the State shall 

handle the funds in accordance with subparagraphs b. 

(119 (21, and (3) of General Provision 3, ADVANCES, 

of Appendix A. 

"4. Method of Payment. 

The State shall submit vouchers monthly in 

accordance with the procedures prescribed in General 

Provision 4, METHOD OF REIMBURSEMENT, of Appendix A." 

-2092- 
Col. Laurence T. Ayres, page 5 (C-440) 

"Appen,dix A 

"1 . GENERAL. 

The reimbursable costs of the project 

shall not 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,,and printing necessary to the performance 

of the work required under the terms of this 

contract. 

1714.5). 

(See limitations, OEP Regulation 

Proof of such expenditures must be 

~adequately documented. 

The following are allowable costs 

when related to the contract: 

“(3) Travel expenses in accordance 

with regulations of the State; where no State 

travel regulations exist, travel expenses shall 

be in accordance with Standardized Government 

Travel Regulations. 

(a) Travel of project staff, 

including unpaid personnel such as committee 

members or consultants utilized in the performance 

of the contract, when approved by the Emergency 

Planning Director. 

(b) Travel outside of the 

State, when approved by the OEP Regional 

Director." (Emphasis added) 

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 Executive Office of the President. 

Section 26 of Article V, House Bill 190. 86, Acts 

58th Leg., Regular Session, 1963, (Biennial Appropriation Bill), 

provides in part: 

-2093- 
. . 

Col. Laurence T. Ayres, page 6 (C-440) 

“sec. 26. FEDERAL CONTRACTS AND AGREEMFNTS. 

None of the Federal funds appropriated for use by 

the terms of this Act may be expended pursuant to 

a contract or agreement with the Federal Government 

unless end until the appropriate State agency has 

filed a copy of such contract or agreement with the 

Secretary of State for recording. . . .' 

We are advised that such contract has been filed with 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, including unpaid personnel such as committee members, 

we are of the opinion that such travel expense 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 received by the State of Texas, by 

virtue of the contract herein mentioned. 

SUMMARY 

Pursuant to Article 6889-4, travel expenses 

incurred by members of the Emergency Planning 

Committee Task 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 received by the State of Texas, 

by virtue of the contract herein mentioned, 

on warrants issued by the Comptroller of 

Public Accounts. 

Yours very truly, 

WAGGONER CARR 

Attorqqy General 

BY 

Assistant 

JRB:sj 

-2094- 
, . . .- 

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 

-2095-