Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Opinion No. c-692 

Austin, Texas Re: Payment of Registration 

Fees on facts submitted. 

Dear Mr. Calvert: 

Your request for an opinion on the above subject 

matter reads as follows: 

"I have been presented with two accounts for the 

payment of registration fees, each being incurred under 

somewhat different circumstances. 

"1 . A registration fee of $5C.O0 was paid in the 

name of the State of Texas to attend a conference sponsored by the Urban Transportation Committee of the 

Greater Chamber of Commerce of Pittsburg. A copy of 

the program is attached. 

"2. A registration fee of $10.00 was paid to 

attend the Uniform Commercial Code Institute, the 

meeting being held in San Antonio. Attached to the 

account is a receipt for the registration fee which 

is signed by an executive secretary for the San Antonio 

Bar Association. 

"House Bill No. 12, acts of the 59th Legislature, 

Article 5, the appropriation bill under which we are 

now operating provides in part: 

"'The provisions set forth in this and all other 

Articles of this Act are limitations on the appropriations made in this Act.' - 

"The limitation as to payment of registration 

fees found in Article 5 reads as follows: 

"'RESTRICTION ON REGISTRATION FEES. None of the 

monies appropriated in this act may be expended for dues, 

registration fees or any kind of similar expense incurred 

in joining or attending any type of organization, unless 

the membership is in the name of the State of Texas.' 

-3326- 
Hon. Robert S. Calvert, page 2 (c-692) 

'In view of restrictions as to registration fees 

for attending organized gatherings, would this provision 

be violated by paying the registration fees incurred 

under the conditions set out above? 

'The appropriation against which it is requested 

that the fees be paid is found in Article 6 of the 

appropriation bill under which we are now operating." 

The answer to the questions posed in your request is 

governed by the principles of law announced in Attorney General's 

Opinions c-671 (1966) and C-571 (1965) and authorities cited 

therein. 

In Attorney General's Opinion C-571 it was held that 

the Texas Water Development Board may pay from appropriated 

funds the tuition fees of two employees to attend an eight-day 

course in Earth Control and Investigation conducted by the 

Bureau of Reclamation, Denver Laboratories, and the registration 

need not be made in the name of the State. It was specifically 

stated in C-5712 

"The above quoted provision of the App,ropriations 

Bill would prohibit expenditure of such funds for such 

purposes only if the provision, in this situation, did in 

fact require registration in the name of the State of 

Texas and this were not complied with. It could be 

argued that the course of instruction conducted by the 

Bureau of Reclamation was a 'type of organization' and 

the registrations must be in the name of~the State of 

Texas if the tuition is to be paid from such appropriated 

funds. However, in this particular instance, inasmuch 

as the Bureau of Reclamation is an agency of the United 

States the term 'organilation 1 would not be applicable. 

In holding that the word 'organization' did not apply 

to the United States, the New Hampshire Supreme Court 

in the case of Farm Mutual Auto Ins. Co. v. Manson, 54 

A2d 580, 583; 94 N H 389' t t d 'c t i 1 " organization" is not commonly emp!.otet "in'spe%itgno", the United 

States.' 

"Therefore, it is the opinion of this office that 

such Section 18, of Article V, of House Bill 12, Acts of 

the 59th Legislature, does not require, as a prerequisite 

to expenditure of ap&ropriated funds, that registration 

at courses conducted by the Bureau of Reclamation be 

made in the name of the State of Texas. However, there 

is no reason why the registrations could not be made in 

the name of the State of Texas." 

-3327- 
Hon. Robert S. Calvert, page 3 (C-692) 

Likewise, in Attorney General's Opinion c-671, it 

was held that appraisers employed by the Veterans' Land Board 

may attend an appraisal school at Texas A&M University and 

have their registration fees paid by the State. 

Attached to your request is the statement by the 

head of the agency informing that the training and information 

made available to the employees involved was for the furtherance 

of the governmental duties imposed upon the agency and was 

directly and substantially related to the performance of such 

governmental functions. In this connection, it was held in 

Attorney General's Opinion c-671, supra.: 

"In prior questions of this nature, this office has 

consistently employed two basic criteria: (1) Whether the 

training described will be directly and substantially used 

to,facilitate the governmental duties and functions of the 

State agency requesting such training; and (2) Do the facts 

establish that there is a reasonable, substantial and direct 

relationship between the purpose of the training and the 

accomplishment of the governmental functions entrusted to 

the employee? Attorney General's Opinions W-83 (1957), 

w-233 (1957), W-433 (1958).” 

In view of the foregoing, you are advised that the 

registration fees to attend the conference sponsored by the 

Urban Transportation Committee of the Greater Chamber of Commerce 

of Pittsburg, and the registration fee to attend the Uniform 

Commercial Code Institute may be paid. ~ 

SUMMARY 

Registration fees necessary to attend courses of 

instruction deemed necessary to the furtherance of 

governmental duties imposed upon a State agency may be 

paid by such State agency. Attorney General's Opinions 

C-571 (1965) and c-671 (1966). 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

JR:sck 

General 

-332th 
Hon. Robert S. Calvert, Page 4 (C-692) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Linward Shivers 

Charles Ear-dwell 

W. 0. Shultz 

Pat Bailey 

APPROVED FOR THE ATTOPxNEY GENERAL 

BY: T. B. Wright 

-3329-