# IEATIITORNEYGICNERAX. OF’ TEXAS Aunmlv. TRXAS 78711

October 29, 1974
The Honorable George W. McNeil State Auditor Sam Houston State Office Bldg. Austin, Texas 78711 Dear Mr. McNeil: Opinion No. H- 435 Re: Airline security charge as part ofairline fare in determining mileage reimbursement. The Appropriations Act for fiscal 1974 and 1975 (Acts 1973, 63rd Leg. ch. 659, p., 1786), inSection 12ofArticle 5, governing travel allowance ,, for state employees, authorizes the use ofpersonally owned motor vehicles even where commercial airline service is available, with the following limitation at p. 2204:

The maximum reimbursement for out-of-state transportation for the use ofpersonally owned motor vehicles shall be that amount that the employee would have incurred hadhe taken the lowest available airline fare plus the per diem necessary to complete such flight. The determination of the allowance due owners ofpersonally owned motor vehicles in compliance with this paragraph shall be as follows: (1) Per diem shall be determined by the use ofan airline schedule which would have sufficed for the performance ofthe official business. (2) Expenses oftransportation to airfields from points where commercial air transportation is not available.shali be allowed in,addition tothe cost of the lowest available airline fare. (3) When additional passengers are conveyed in out-of-state trips inpersonally owned motor vehicles, they shall receive as their expenses per diem based onmotor vehicle travel time. (4) Persons traveling topoints not served by airlines shall receive mileage andper diem based on actual miles traveled and other expenses as authorized elsewhere in this Act for out-of-state travel. (emphasis addedJ

p. 2012The Honorable George W. McNeil, page 2 (H-435)
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Due to events ofrecent history, security procedur=es have been instituted at our airports and the expense ofthose procedures, initially paid pro rata by the airlines using the facility, are passed ontopassengers by means ofa surcharge appearin,g ontheir, tickets inaddition totheusual fare andtaxes. You have asked whether the security charge is an element ofthe lowest airline fare available so as to enter into the computation of reimbursable expenses for the use ofaper=sonal motor vehicle. Itis apparent, from the language we have quoted above, that itwas the purpose and intent ofthe Legislature that, while an employee would bepermitted touse apersonal motor vehicle in out ofstate travel, regardless ofthe actual expense incurred, hewould be reimbursed only inthe amount he would have incurred had he taken an airline and paid the lowest available fare. The limit is what itwould have cost the employee had he used commercial airlines, including per diem, ground transportation, any taxes onairline fares, and any other charges which heis required to pay as part ofhis transportation. The security surcharge falls within this category and should, in our opinion, be considered in determining the maximum amount which an employee may be reimbursed for use ofhis personal vehicle for travel where airline service is available. SUMMARY

The security char=geadded onthe air fare is part of the expenses au employee would incur when traveling attbe lowest available airline fare and, therefore, should be considered in detemining the maximum amount ofexpense for which hemay be reimbursed when using a personal vehicle.

JOHN L. HILL Attogney General of TexasThe Honorable George W. McNeil, page 3 (H-435)

DAVID M. KENDALL, Chairman Opinion Commi.ttee

po 2014