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May 9, 1968

Honorable Robert S.Calvert Comptroller of PublicAccounts State Capitol Building Austin, Texas Opinion No. M-232
Re: Interagency agreement for the payment ofregistration 'feesfor attendance at inDear Mr. Calve.rt: stitutes and seminars conducted by a State agency. Your request for an opinion reads as follows: "Thisdepartment has received a travel voucher fora State employee claiming reimbursement for a registration fee for attending the Texas Transportation Institute, a part of TexasA&M University. The purpose of the trip to attend the Transportation Institute, transpgrtation expense, and perdiem allowance is LsicJ not inquestion.
"Inview ofArticle 4413(32) R.C.S.; the ': Interagency Cooperation Act, thequestion has arisen as towhether a registration fee charged as the result of one State agency performing a service for another State agency.can be paid ona reimbursement basis as a travel expense itemwithout complying with the provisions of Article 4413 (32,)*:. ', "Please advise: "1. Should tuition fees and registration fees for institutes and seminars charged by a State agency to another State agency be incurred under the provisions of the Interagency Cooperation Act? -1131-Hon. Robert S. Calvert, page 2 (M-232)

"2. Ifyou hold that the registration fees should be considered a travel expense item if the employee was in travel status at the time the feewas incurred and exempt fromArticle 4413(32), would the Interagency Cooperation Act apply to the paying of tuition fees and registration fees for seminars by one State agency toanother when travel expense isnot involved? For example, payment to the University of Texas atAustin for Tuition, institutes, or seminar fees of a State employee whose headquarters is in the city ofAustin. "This information isnecessary so that the various State agencies canbe advised as to the procedure necessary to legally incur accounts covering services between State agencies." Section 3 ofArticle 4413(32), Vernon's Civil Statutes, provides, inpart, as follows:

"Sec. 3. Any state agency may enter into and perform awritten agreement or ccntract with other agencies of the state for furnishing necessary and authorized special or technical services, including the services of employees, the services ofmaterials, or the services of equipment. -..- Section 5ofArticle 4413(32) provides: "Sec. 5. No‘agreement orcontract maybe entered into orperformed which will require or permit an agency of the State to exceed its constitutional or statutory duties and responsibilities, or the limitations of its appropriated funds. Inreviewing proposed agreements orcontracts of the character described in thisAct, the Board ofControl is authorized and directed toconsider the following factors, which shall notbe construed tobe exclusive:
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Hon. Robert S.Calvert, page 3 (M-232)

"(a) Whether the services specified are necessary and essential for activities and work that are properly within the statutory functions and programsof the affected agencies of **the** State Government: "(b) Whether the proposed arrangements serve the interests of efficient and economical administration of the State Government: and "(c) Whether the specified bases forreimbursing actual costs are fair, equitable, and realistic and in conformity with the limitations of funds prescribed in the current appropriations act or other applicable statutes."
InAttorney General's Opinion M-120 (1967), itwas held that the registration fee expenses of State employees who were assigned to attend the transportation conference at:TexasA&M University constituted State business and that'such registration feemaybe paidwhen the agency head has made thedetermination that attendance at the conference is reasonably necessary in order to carry out the duties and functions of the employees.

Since the attendance to the Texas Transportation Institute, a part of TexasA&M University, by various State employees constitutes official State business found tobe necessary and essential for the performance of their duties, such attendance is properly the subject matter of an interagency agreement pursuant to the provisions ofArticle 4413(32), above quoted.

You are therefore advised, inanswer toyour firstquestion, that tuition fees and registration fees for institutes and seminars charged by one State agency to another State agency may be incurred by entering into an interagency contract between the agencies involved. Inanswer toyour second question, you are advised that such registration feesmaybe paid either pursuant toaninteragency contract oras a travel expense item incurred by an employee. Attorney General's Opinion M-120 (1967).

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Hon. Robert S.Calvert, page 4 (M-232)

SUMMARY Tuition fees and registration fees for institutes and seminars charged by one,State agency toanother State agency may be incurred by;entering into an interagency contract between'the agencies involved. Such registration feesmaybe paid either pursuant toan interagency contract or as a travel expense item incurred by an employee. Attorney General's Opinion M-120 (1967).

svery truly,

z.m FORD C. MARTIN rney General of Texas Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman John Banks Al Zimmerman Fielding Early Robert Crouch A. J. CARUBBI, JR. Executive Assistant

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