October 20, 1971 

Honorable Jess M. Irwin, Jr. 

Commissioner 

@illiOll No. M-978 

Texas Rehabilitation Commission Re: Transportation allow1301 West 38th Street ante for certain emAustin, Texas 78705 ployees. 

Dear Mr. Irwin: 

question: 

Your request for an opinion asked the.following 

Way the Commission, under the -provisions of Article V, Section 61, fourth unnumbered paragraph, Senate-Bill No. 11, 

Regular Session, ‘Sixty-Second Legislature, 

1971, set monthly transportation allowances 

for those employees identified as ‘an employee whose duties customarily require 

travel within his designated headquarters’ 

witho’ut the requirement to report bus fares, 

taxi’ fares, car rentals, and/or mileage for 

use of personally owned automobiles?” 

The Travel Regulations Act of 1959 is the.preexisting law governing payment of travel-expenses. Its 

Sec. 8, codified as Sec. 8 of Article 6823a, Vernon’s Civil 

Statutes, reads as follows: 

“#An employee whose duties customarily 

require travel within his designated head-‘ 

quarters may be authorized a local transportation allowance for this travel. Such 

allowance, however, shall.never exceed the 

transportation allowance for use of a privately owned automobile as set.by the Legislature in the General Appropriation Acts.” 

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Honorable Jess Mc Irwin, Jr., page 2 (M-978) 

The pertinent provisIon of Section 61 of Article 

V of the.current General Appropriation Act* reads as follows: 

“Under authority of Chapter 231, General 

Laws, Page,S23, Acts of the.S6th Legislature, 

Regular Session, 1959, (Section 8, Article 

6823a, Vernon’s Annotated Civil Statutes) the 

Texas.Rehabilitation Commission is authorized 

to pay. an employee whose duties.customarily 

require travel.within his.designated.headquarters.a local transportation allowance for 

this,travelr This,monthly trans ortation 

allowance for the.individual.emp P oyee shall 

never exceeds the transportation allowance 

for use of a.privately.owned automobile as 

set-by the Legislature.in the General.Appropriation Acts. Said allowance -shall be 

approved by the State Auditor.” 

Section 8 of Article 6823a.specifically.limits 

transportation allowances.within.designated headquarters to 

that authorized for use-of privately owned.automobilesi Likewise, the above quoted rider limits.trans 

P 

ortation allowances 

to -the allowance authorized for use-of pr vately owned automobiles. The transportation allowance for 

automobiles~for the current fiscal year is s 

rivately owned 

.lO per mile. Set 

Section 12 of:Article V, current Appropriation Act. 

Therefore, the transportation allowance authorized 

under Section 61.of Article V ls.limited to $.lO per mile. 

In other words,-it is our opinion that you are not 

authorized to set.a flat rate.of transportation allowance in 

lieu of payment of transportation expenses. 

” .SuMMARY 

Section 61 of Artic1e.V of Senate.Bill 

No. 11, Acts of the 62nd Legislature5 Regular 

*Acts 62nd Leg., R.S., 1971, S.B. 11, as.amended by 

Acts 62nd Leg., 1st C.S., 1971, S.B. 7,. 

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Honorable Jess M. Irwin, Jr., page 3 (M-979) 

Session, 1971 (General Appropriation Act) does 

not authorize the payment'of a flat rate of . 

transportation allowance in lieu of transportation expenses incurred. 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Ivan Williams 

Roland Allen 

Mike Stork 

Ben Harrison 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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