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@E’l?ICE OF 

.Tm &TORN&YGENERAL 

PRICE DANIEL 

*nORKeu GENSRAL 

January 14, ,1947 

Hon.~Marshall Harvey, Secretary-Treasurer 

Texas State Board of Chiropody gxaminers 

1109 Avenu6 K 

.Lubbock, Texas Opinion No. V-16 

Re: Whether members of the 

Texas state Board 'or 

Chiropoay WneFs are 

entitled to compensatioh 

for time taken in travel 

to ana from Board meetings, under the provisions of Article 4674, chs.rDear Mr. Harvey:, . : ‘ 0p0ay Practice Act. 

Your request for an opinion dated January 4, 

1947, is in substance as follows: 

*The question has a&en among members of this Board a number of times as to . 

whether Board membeWa?e entitled to compensation for time taken in travel to and 

.from,Botird meetings. 

"In cases of most members of this 

Board it requires -a day or the greaterpart 

.thereof, to travel to ad-from such meetings. Under Article 4574, @iropody Practice Act of Texas provision is in&&e for conipensation and expenses while actually engageed in the ~service or the Board. would 

travel to a&l from be' considered Wactually 

&gaged in the service of the Board'? 

Article 4574 of the Revised Civil Statutes Of 

the State of Texas provides as follows: 

"Each member of the Board'shall re- : 

ceive for his services Ten ($10.00) Dollars 

per day ana necessary traveling ana incidental expenses while actually engaged in 

the service of the Board. The Secretary 

shall receive his necessary expenses for 
Hon. Marshall Harvey - Page 2 

Q 

services actually performed for the Board, 

for printing, postage and other expenses 

necessarily incurred in administering this 

law shall be paid from the fees received 

by the Board and all expenses shall be 

itemized, verified, audited ana an account 

kept thereof bg,the Secretary of the Board 

who shall pay the same out of said fees 

which accrue to it." 

Since the statute under consideration prbvides that the expenses incurred in administering the. 

law shall be paid from the fees received by the Board, 

your question must be decided on the basis of whether 

the expense incurred is an authorized one within the 

purview ~of the.statute. 

c It will be observed from the abdve statute 

that the Legislature intended that each member of the 

Board shall be entitled to "necessary traveling and'incidental expenses while-actually engaged in then serVioe 

of the BoararW 'The State Board of %hiroj%%!ly Examiners 

is entrusted with the duty or carrying out the provisions of the Chiropody Practice Act and is empower&J to “., 

prescribe.reasonable or-necessary regnlations~and bylaws to govern its proceedings and activities. -Th& 

Board shall adopt all necessary rules to regulate the' 

practice of chirbpody ana shall hold meetings at,,least 

twice a~y&r and special lheet 

Board must examine pa licens =pgJi;~!ag~",s~~p& 

the prosecutioti of al.1 persons violating the provisions 

of the Act and must pass upon and approve educational 

institutions. Further, the Board may, after due hearing, refuse to grant or, *new and may revoke any license 

issued under the provisions of the lath updn evidence of 

misconduct. Travelingexpenses, therefore, of a Board 

member may be allowed only if such attendance iis Qi direct relation to his~prescribed duties. It is believed 

that a member travelingto and rrom an authorizea.?eard 

meeting is actually engaged in the serVicd of the Board. 

To properly function, it is necessary that the Board 

have adequate policies and-regulations which'ati formu; 

latea by the State Board of Chiropody Examiners; It' 

would appear that dtehdance at a Boara~meeting, whioh 

necessitates travel to and from'such meeting &ould be 

required of each individual member-into discharge prop.erly 

the auties,imposed upoll,the.BoaM by the Chiroptiddy P&$- 

tice Act.' 7% seems that the sttittite eviaences a.1egi.G 

lative intent.that%raveling expenses incurred in trav- 
Hon. Marshall Harvey - Page 3 

cling to and from meetings of the BOara are actually in' 

relation 'to those servides renabred by the Board of Chiropody Examiners. 

1!. 

Therefore, your question should be ans+rea 

in the affirmative. 

Members of the'iezkati Stat6 Boar&of 

Chiropody Examiners are actually engaged in 

the service~of the Board in traveling to and 

from authorize& meetings of the Board pursuant to Article 4374 of the Revised Cjvil 

Statutes of the State of Texas, ana are entitled to necessary traveling expense. 

. 

Very trury yours 

ATTORNEY GENERAL OF TEXAS 

BW:WB 

APPROVED 

OPINION COMMITTEE 

BY: Bwl. 

mm 

'APPROVED JANUARY 14, 1947 

ATTORNEY GEXERAL OF TE&', 

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