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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 OpinionNo. 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 PracticeAct.

Your request for an opinion dated January 4, 1947, is in substanceas follows:

*The questionhas 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-aday or the greaterpart .thereof,

to travel to ad-from such meetings. Under Article 4574, @iropody Practice Act of Texas provisionis in&&e for conipensation and expenseswhile actually engageed in the ~service

or the Board. would travel to a&l from be' consideredWactually &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'shallre- : ceive for his servicesTen ($10.00)Dollars per day ana necessarytraveling ana incidental expenseswhile actuallyengaged in the service of the Board. The Secretary shall receive his necessaryexpenses forHon. Marshall Harvey - Page 2

Q servicesactuallyperformed for the Board, for printing,postage and other expenses necessarilyincurred 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 shallpay the same out of said fees which accrue to it."
Since the statuteunder considerationprbvides that the expenses incurred in administering the. law shall be paid from the fees received by the Board, your questionmust be decided on the basis of whether the expense incurred is an authorizedone within the purview ~ofthe.statute.

c It will be observedfrom the abdve statute that the Legislatureintended that each member of the Board shall be entitled to "necessarytraveling and'incidental expenseswhile-actually engaged in then

serVioe of the BoararW 'The State Board of %hiroj%%!ly Examiners is entrustedwith the duty or carrying out the provisions of the ChiropodyPracticeAct and is empower&Jto “., prescribe.reasonable or-necessary

regnlations~and

bylaws to govern its proceedingsand activities. -Th& Board shall adopt all necessaryrules to regulate the' practice of chirbpodyana shall hold meetings at,,least twice a~y&r and speciallheet Board must examinepa licens =pgJi;~!ag~",s~~p& the prosecutioti

of al.1 personsviolating 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 provisionsof the lath updn evidence of misconduct. Travelingexpenses, therefore, of a Board member may be allowed only if such attendanceiisQi 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 necessarythat the Board have adequatepolicies and-regulations which'ati formu; latea by the State Board of ChiropodyExaminers; It' would appear that dtehdance at a Boara~meeting, whioh necessitatestravel to and from'suchmeeting &ould be required of each individual member-into

dischargeprop.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 'tothose servides renabredby the Board of Chiropody Examiners.

1!.

Therefore,your question should be ans+rea in the affirmative.

Members of the'iezkati Stat6 Boar&of ChiropodyExaminers are actually engaged in the service~ofthe Board in travelingto 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 travelingexpense.

. 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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