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 Revision Advisory Committee created by Article 

5429b-1, Vernon's CiviJ. Statutes, in coming from out of state 

to attend a committee meeting in Austin. 

Your request for an opinion states that the member 

involved is on the faculty of the Southern Methodist University 

Law School, and at the present time has joined the faculty of 

the Yale Law School pursuant to a fellowship grant. The member 

was granted a leave of absence by Southern Methodist University Law School and is presently engaged in the performance of 

his duties at Yale Law School in New Raven, Connecticut. 

The Statutory Revision 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 Statutory Revision Advisory Committee 

shall be appointed ~by the Chairman of the Texas 

Legislative Council to consult with and advise the 

Council with respect to matters relating to the 

classification and arrangement of the statutes, 

the numbering system to be used and the preparation 

of a revisor's manual. The Advisory Committee 

shall consist of seven (7) members, who shall serve 

without compensation but shall be allowed actual 

expenses incurred in attending official meetings 

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 its members 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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Hon. Preston Smith, page 2 (C-774) 

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." (Emphasis added) 

There is no provision in Article 5429b-1 requiring 

a member of the Committee to be a resident of Texas. Section 

3 provides that such members shall be allowed their actual 

expenses incurred in attending official meetings of themmittee. As you have o'bserved in your request, while the member 

involved is domiciled in Texas, his temporary residence is in 

New Haven, Connecticut. Therefore, the actual expenses incurred 'by such member to attend an official meeting in Austin 

would involve traveling from New Raven, Connecticut, to Austin, 

Texas, and returning to New Raven, Connecticut, to perform his 

duties at Yale Law School. It is, therefore, our opinion that 

under the express provisions of Article $+29b-1, the member 

of the Statutory Revision Advisory Committee involved in your 

request is entitled to his actual expenses incurred in traveling from New Raven, Connecticut, to Austin, Texas, in attending an official meeting of the Statutory Revision Advisory Committee and returning to New Raven, Connecticut. 

----w-w SUMMARY 

Under the provisions of Article 542gb-1, Vernon's Civil Statutes, a member of the Statutory 

Revision Advisory Committee is allowecl actual expenses incurred in attending official meetings of 

the Committee and includes a member temporarily residing outside the State. Such actual expenses 

would include traveling from his temporary residence to the official meeting of the Committee 

and returning to his temporary residence. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

/ Assistant Attorney General 

JR:mh 

APPROVED: 

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Hon. Preston Smith, Page 3 (c-774) 

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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