Honorable Preston Smith Opinion No. C-774

Lieutenant Qovernop Capitol Station Rer Traveling expenses of Austin, Texas a member of Statutory Revision Advisory Committee created by Article 5429b-1,Vernon's Dear Mr. Smith: Civil Statutes.

You have requested our opinion as to whether the State may properly pay the trave$ing expenses incurred by a member of the Statutory RevisionAdvisory Committee createdby Article 5429b-1,Vernon's CiviJ. Statutes, in coming from out of state to attend a committeemeeting in Austin.

Your request for an opinion states that themember involved is on the faculty of the SouthernMethodist University Law School, and at the present time has joined the faculty of theYale Law School pursuant to a fellowshipgrant. The member
was granted a leave of absence by SouthernMethodist University Law School and is presently engaged in the performance of his duties at Yale Law School in New Raven, Connecticut.

The StatutoryRevision Advisory Committee was created by the provisions of Article 542913-1, Vernon's Civil Statutes. Section 3, relating to traveling expenses,provides as follows:

"(a) A StatutoryRevisionAdvisory Committee shallbe appointed ~bythe Chairman of the Texas Legislative Council to consultwith and advise the Council with respect to matters relating to the classificationand arrangement of the statutes, the numbering system to be used and the preparation of a revisor'smanual. The Advisory Committee shall consist of seven (7)members, who shall serve without compensation but shallbe allowed actual expenses incurred in attending officialmeetings of the Committee. All such expenses incurred shall be paid out'

of any funds appropriated to the Texas Legislative Council. The Advisory Committee shall select one of itsmembers as chairman,and shall meet at the call of the Chairman of the Texas Legislative Council. The Committee shall include repre-

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sentatives of the State Rar of Texas, the judiciary, and.the Texas Law Schools. The Advisory Committee shall serve for a period of two (2)years from the date of appointment." (Emphasisadded)

There is no provision in Article 5429b-1 requiring
a member of the Committee to be a resident of Texas. Section 3 provides that suchmembers shall be allowed their actual expenses incurred in attending officialmeetings of themmittee. As you have o'bserved in your request,while themember involved is domiciled in Texas, his temporary residence is in New Haven, Connecticut. Therefore, the actual expenses incurred 'bysuchmember to attend an officialmeeting in Austin would involve traveling from New Raven, Connecticut, toAustin, Texas, and returning to New Raven, Connecticut, to perform his duties at Yale Law School. It is, therefore,our opinion that under the expressprovisions of Article $+29b-1, themember of the StatutoryRevisionAdvisory Committee involved in your request is entitled to his actual expenses incurred in traveling from New Raven, Connecticut, toAustin, Texas, in attending an officialmeeting of the Statutory RevisionAdvisory Committee and returning to New Raven, Connecticut.

SUMMARY ----w-w Under the provisions of Article 542gb-1,Vernon's Civil Statutes,a member of the Statutory RevisionAdvisory Committee is allowecl actual expenses incurred in attending officialmeetings of the Committee and includes a member temporarilyresiding outside the State. Such actual expenses would include traveling from his temporaryresidence to the officialmeeting of the Committee and returning tohis temporaryresidence.

Yours very truly,

WAGGONER CARR Attorney General of Texas

/ Assistant Attorney General

JR:mh

APPROVED:

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OPIMIOR COMMITTEE

W. V. Cteppert,

Chairman W. 0. Shultz Kerns Taylor Pat Bailey John Banks

APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright

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