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 of airline fare 

in determining mileage 

reimbursement. 

The Appropriations Act for fiscal 1974 and 1975 (Acts 1973, 63rd Leg. 

ch. 659, p., 1786), in Section 12 of Article 5, governing travel allowance ,, 

for state employees, authorizes the use of personally 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 of personally owned 

motor vehicles shall be that amount that the employee 

would have incurred had he taken the lowest available 

airline fare plus the per diem necessary to complete 

such flight. The determination of the allowance due 

owners of personally owned motor vehicles in compliance with this paragraph shall be as follows: (1) Per 

diem shall be determined by the use of an airline 

schedule which would have sufficed for the performance 

of the official business. (2) Expenses of transportation 

to airfields from points where commercial air transportation is not available.shali be allowed in,addition to the 

cost of the lowest available airline fare. (3) When 

additional passengers are conveyed in out-of-state trips 

in personally owned motor vehicles, they shall receive 

as their expenses per diem based on motor vehicle 

travel time. (4) Persons traveling to points not served 

by airlines shall receive mileage and per diem based on 

actual miles traveled and other expenses as authorized 

elsewhere in this Act for out-of-state travel. (emphasis 

addedJ 

p. 2012 
The Honorable George W. McNeil, page 2 (H-435) .’ 

Due to events of recent history, security procedur=es have been instituted 

at our airports and the expense of those procedures, initially paid pro 

rata by the airlines using the facility, are passed on to passengers by 

means of a surcharge appearin,g on their, tickets in addition to the usual 

fare and taxes. 

You have asked whether the security charge is an element of the 

lowest airline fare available so as to enter into the computation of reimbursable expenses for the use of a per=sonal motor vehicle. 

It is apparent, from the language we have quoted above, that it was 

the purpose and intent of the Legislature that, while an employee would 

be permitted to use a personal motor vehicle in out of state travel, 

regardless of the actual expense incurred, he would be reimbursed only 

in the amount he would have incurred had he taken an airline and paid 

the lowest available fare. The limit is what it would have cost the 

employee had he used commercial airlines, including per diem, ground 

transportation, any taxes on airline fares, and any other charges which 

he is required to pay as part of his 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 of his personal vehicle for travel where airline 

service is available. 

SUMMARY 

The security char=ge added on the air fare is 

part of the expenses au employee would incur 

when traveling at tbe lowest available airline 

fare and, therefore, should be considered in 

detemining the maximum amount of expense 

for which he may be reimbursed when using a 

personal vehicle. 

JOHN L. HILL 

Attogney General of Texas 
The Honorable George W. McNeil, page 3 (H-435) 

DAVID M. KENDALL, Chairman 

Opinion Commi.ttee 

po 2014