The Attorney General of Texas 

January 23, 1978 

Honorable Alton D. Ice, 

Executive Director 

The Advisory Council for TechnicalVocational Education in Texas 

P. 0. Box 1888 

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 

TRAVEL ALLOWANCES. 

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 of expenses 

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 in or out of the state. 

General Appropriations Act, Acts 1977, 65th Leg., ch. 872, art. V, S 15a. 

The Advisory Council was established pursuant to chapter 31 of 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. 

S 2304(a)(l). In Texas, the State Board for Vocational Education has this 

function. Rducation Code SS ll.41, 31.33, 31.39, 31.40. The state must also 

establish an advisory council to advise the state board on planning and policy, 

to evaluate vocational education programs, and to report annually to the 

federal government on the effectiveness of the state’s programs. 20 U.S.C. 

S 2305. The council fills this requirement. 
. . 

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

The essence of your question is whether the council Is an independent body or 

is a 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 

S 31.39(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 by administrative 

action of the State Board of Vocational Education. Education Code S 31.32. It was 

the purpose of the statute to make the advisory council the one part of the state’s 

educational system which Is responsible for the development of a program to train 

manpower in order to further industrial and economic development. Education 

Code S 31.02. 

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 S 31.12. The council elects its own officers, adopts its own 

rules, hires its own staff and calls its own meetings. Education Code SS 31.14, 31.15, 

31.18 and 31.19. The council is given extensive authority to make studies and 

recommendations, and the State Board of Vocational Education is required by law 

to act on those recommendations. Education Code SS 31.33, 31.34 and 31.39. 

Additionally, the Texas Education Agency, along with all other Boards and 

agencies, is directed to cooperate with the council. Education Code S 31.36. The 

council may accept gifts and grants on its own authority. Education Code S 31.38. 

It is authorized to enter Into contracts with public bodies, corporations and 

individuals. Education Code S 31.37. It is significant that this section of the Code 

refers to contracts between the council and “any other state governmental agency.” 

In light of the extensive, independent powers given the Advisory Council it is 

our view that it is a State agency within the meaning of article V, section 15a of 

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 is a State agency and its executive director is entitled 

to reimbursement for actual travel expenses under article V, 

section 15a of the Appropriations Act. 

Very truly yours, 

/ 

i 

Attorney General of Texas 

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

APPROVED: 

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Opinion Committee ’ 

jst 

p. 4574