Honorable J. W. Edgar Opinion No. WW-660 

Commissioner of Education 

Texas Education Agency Re: Whether the policy 

201 East 11th Street followed by the 

Austin, Texas Texas Education 

Agency and the 

method employed in 

filing expense claims 

where a group return 

is involved is In accordance with the legislative intent set out 

in the current General 

Dear Dr. Edgar: Appropriation Act. 

You have requested our opinion regarding 

a question predicated upon the following facts 

which we quote from your letter: 

"The Texas Education Agency 

requires personnel to travel together in the same vehicle when 

the performance of the official 

duties permit without injuring the 

efficiency of the organization and 

when it is more economical to the 

state, and to require a group to 

return to their official station on 

week-ends and/or daily when the co& 

of transportation is less than the 

per diem cost of maintaining the entire group in the field. See,: H.B. 

133, Acts 55th Legislature, R.S. (Appropriation Bill) General Provisions 

Section 31g, at pg. 1155. 

"The Division of School Audits 

has consistently followed this policy. 

However, the Comptroller of Public 
Honorable J. W. Edgar, page 2 (W-660) 

Accounts is refusing to pay'the 

April expense account for one of 

our field auditors, said expense 

account having been submitted in 

accordance with the above stated 

policy. The Comptroller contends 

that the definition of 'cheaper' 

as shown in Sec. jig, supra, refers to one employee, and that we 

cannot group employees. . . .' 

The question you pose Is as follows? 

II whether the policy 

followed by-this agency and the 

method employed in filing expense 

claims where a group return la involved Is in acoordance with the 

legislative Intent set out In the 

current General Appropriation Act." 

In determining the intent of the Leglslature 

with regard to travel expense and per diem allowance 

for State employees we must look to the wording of 

House Bill No. 133, Acts of the 55th Legislature, 

Regular Session, 1957, hereinafter referred to as the 

Appropriation Act. 

Section 29(e) of Article VI of the General 

Provisions of the Appropriation Act provides that the 

"heads of agencies shall plan the travel of all employees under their aut$ority so as to achieve maximum 

economy and efficiency. 

Section 30(a) of Article VI of the General Proxisions of the Appropriation Act provides that where 

. . . two or more employees travel in a single private 

conveyance, only one shall receive a transporatlon allowance, but this provision shall not preclude each traveler 

from receiving a per diem allowance ; thus further showing 

a legislative intent toward economy by allowing only one employee a transportation allowance where a group travels together, while allowing all of the employees a per diem allowante. 
Honorable J. W. Edgar, Page 3 (WW-660) 

Keeping the foregoing Btatemetite in mind, let UB 

now consider the following portion of Section 31 (g) of 

Article VI of the Appropriation Act: 

"Except when it is cheaper, a 

traveling State employee may return 

to his headquarters daily or on the 

week-end rather than etay out at 

State's expense; cheaper -- as It 

applies to daily round trips shall 

be determined by aomputing the mlleage and per diem on a ~dally baels 

and the entire mileage and per diem 

on any one day shall not exceed the 

per diem allowance of $8.00." 

Thus, in our opinion, there can be no doubt that 

the Legislature intended, and has expressed lta intent, 

~~~~se;gn;cm~ a.:~~;ff++$v3y ahall be the primary conslderaand reimbursement for the travel 

of State employees in the performanae of their duties. 

The portion of Seation 31(g) quoted above makes it 

alear that an employee traveling alone may make daily round 

trlpa only when the round trip mileage allowance and per 

diem does not exceed his m&xlmum per diem allowance of $8.00. 

Let us now aonaider the situation where two or more 

State employees are traveling together by private conveyance. 

As we have pointed out above, group travel of this nature was 

intended by the Legislature; only one of the group shall receive a travel allowance and all may received per diem. The 

maximum per diem would be $8.00 times the number of employees. 

If the mileage allowanae for a dally round trip, plue whatever the per diem for the group would be, does not exceed 

$8.00 times the number of employees In the group, it would 

not be as eaonomiaal for the group to stay out at State's 

expense as it would be to return to headquarters. 

If a round trip is not made, the obvious result in 

such a situation is a greater expenditure of State funds. 

This would not be in keeping with the express Intent of the 

Legislature to effectuate a poliay of eaonomy and efficiency 

with regard to the travel of State employees. 
Honorable J. W. Edgar, page 4 (WW-660) 

Therefore, in our opinion, considering the 

Legislature's express authority for group travel in 

Section 30(a), the Legislature Intended that such 

group travel be accomplished with ,economy and efficiency and that group travel with regard to daily 

round trips be governed by the provision of Section 

31(g) quoted above. That is to say, that even though 

the wording of this provision governing dally round 

trips speaks of 'employee" in the singular, in our 

opinion the Legislature Intended that 'employee" lnelude employees traveling in a group and that the 

8.00 per diem referred to, in Section 31(g) means 

8.00 per diem per member of the group. 

We therefore answer your question by saying 

that the policy followed by the Texas Education Agency 

and the method employed in filing expense claims where 

a group return is involved is In accord with the legislative Intent set out In the current General Appropriation Act. 

SUMMARY 

The Intent of the Legislature 

with regard to travel of State 

employees is that it be accomplished with economy and 

efficiency. This Intent applies~~ 

to an employee traveling,alone 

as well as emnloyeea traveling 

in groups. Therefore, Section 

31(g), H. B. 133, Acts of 55th 

Legislature, Regular Session, 

1957, p. 1155, whiah is the authorization for daily round trips, 

though worded in&he singular 

applies to group travel. The 

policy followed by the Texas Education Agency where a group return 
Honorable J. W. Edgar, page 5 (ww-660) 

1s involved is in accord with 

the intent of the Legislature. 

Very truly youra, 

WILL WILSON 

Attorney General of Texas 

WOS:rm 

APPROVED: 

OPINION COMMITTEE 

L. P. Lollar,~ Chairman 

Marvin F. Sentell 

Charles D. Cabaniss 

Paul W. Floyd, Jr. 

Jack Goodman 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert