# The Attorney General of Texas
January 23, 1978

Honorable Alton D.Ice, Executive Director The Advisory Council for TechnicalVocational Education inTexas P. 0. Box1888 Austin, Texas 78767 Dear Mr.Ice: Opinion No.H-1119 Re: Whether Advisory Council for Technical-Vocational Education is a State agency.

You inquire whether the Advisory Council for Technical-Vocational Education is a State agency, so that its executive head may claim actual expenses under the following provision of the Appropriations Act:

Sec. 15. EXCEPTIONS To THE PER DIEM AND TRAVELALLOWANCES. a. Judicial officers authorized by law and executive heads of State agencies, including the Executive Director of the Legislative Council and Secretary of the Senate, shall be reimbursed for their actual meals, lodging and airport parking fees (exclusive ofexpenses related to personally owned automobiles and commercial transportation which shall be paid as provided under other sections of this article) when traveling on official business either inor out ofthe state. General Appropriations Act, Acts 1977,65th Leg., ch. 872, art. V,S15a. The Advisory Council was established pursuant to chapter 31of the Education Code to comply with the federal Vocational Education Act of 1963, as amended. Education Code S 31.02; see 20 U.S.C. SS 2301- 2461. The federal act provides financial assistance= the states to improve vocational education. Participating states must designate one state board as the sole agency responsible for administering programs under the Act. 20 U.S.C. S2304(a)(l). In Texas, the State Board for Vocational Education has this function. Rducation Code SSll.41, 31.33, 31.39, 31.40. The state must also establish an advisory council to advise the state board onplanning and policy, to evaluate vocational education programs, and to report annually to the federal government on the effectiveness of the state’s programs. 20U.S.C. S2305. The council fills this requirement.. .

Honorable Alton D.Ice - Page 2 (R-1119)

The essence ofyour question is whether the council Isanindependent body or isa branch or division of the Central Education Agency. Ihe comicilL role is one of recommending, and the State Board of Vocational Education has the final authority to accept or reject the council’s recommendations. Education Code S31.39(a). However, we believe there are numerous statutory indications that the Legislature intended that the council be independent. ‘Ihe council was created by statute and specifically replaces an earlier advisory body created byadministrative action of the State Board ofVocational Education. Education Code S31.32. It was the purpose of the statute to make the advisory council the one part of the state’s educational system which Isresponsible for the development of aprogram to train manpower in order to further industrial and economic development. Education Code S31.02. Although the members of the council are appointed by the State Board of Education, they are first recommended by the Governor and then confirmed by the Senate. Education Code S31.12.The council elects its ownofficers, adopts its own rules, hires its ownstaff and calls its ownmeetings. Education Code SS31.14,31.15, 31.18and 31.19. The council is given extensive authority to make studies and recommendations, and the State Board of Vocational Education isrequired by law to act onthose recommendations. Education Code SS31.33,31.34and 31.39. Additionally, the Texas Education Agency, along with all other Boards and agencies, is directed to cooperate with the council. Education Code S31.36. The council may accept gifts and grants on its own authority. Education Code S31.38. It is authorized to enter Into contracts with public bodies, corporations and individuals. Education Code S31.37. It is significant that this section of the Code refers to contracts between the council and “any other state governmental agency.” Inlight ofthe extensive, independent powers given the Advisory Council it is our view that it is a State agency within the meaning of article V,section 15aof the Appropriations Act and that its executive head is the executive director of a State agency. SUMMARY

The Advisory Council for Technical-Vocational Education in Texas isaState agency and its executive director is entitled to reimbursement for actual travel expenses under article V, section 15aofthe Appropriations Act. Very truly yours,

/ i Attorney General ofTexas

p. 4573Honorable Alton D.Ice - Page 3 (H-1119)

APPROVED: 

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