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. DearMr. Irwin: question: Your request for anopinion asked the.following

Way the Commission, under the-provisions of Article V, Section 61, fourth unnumberedparagraph, 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 ownedautomobiles?” TheTravel Regulations Act of 1959 is the.preexisting law governing payment of travel-expenses. Its Sec. 8, codified as Sec. 8of Article 6823a, Vernon’s Civil Statutes, reads as follows:

“#Anemployee whose duties customarily require travel within his designated head-‘ quarters maybe authorized a local transportation allowance for this travel. Such allowance, however, shall.never exceed the transportation allowance for use of aprivately ownedautomobile as set.by the Legislature in the General Appropriation Acts.”

-4769-Honorable Jess McIrwin, Jr., page 2 (M-978)

Thepertinent provisIon of Section 61 of Article Vof 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.anemployee 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 oyee P shall never exceedsthe 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 8of 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 ownedautomobiles. Thetransportation allowance for automobiles~for the current fiscal year is srivately owned .lO per mile. Set Section 12of: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 62ndLeg., 1st C.S., 1971, S.B. 7,.

-4770-’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: OPINIONCOMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Ivan Williams Roland Allen Mike Stork BenHarrison SAM MCDANIEL Staff Legal Assistant ALFRED

WALKER Executive Assistant NOLA WHITE First Assistant

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