.' 

May 9, 1968 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

State Capitol Building 

Austin, Texas 

Opinion No. M-232 

Re: Interagency agreement for 

the payment of registration 

'fees for attendance at inDear Mr. Calve.rt: 

stitutes and seminars conducted by a State agency. 

Your request for an opinion reads as follows: 

"This department has received a travel 

voucher for a State employee claiming reimbursement for a registration fee for attending 

the Texas Transportation Institute, a part of 

Texas A&M University. The purpose of the trip 

to attend the Transportation Institute, transpgrtation expense, and per diem allowance is 

LsicJ not in question. 

"In view of Article 4413(32) R.C.S.; the ': 

Interagency Cooperation Act, the question has 

arisen as to whether a registration fee charged 

as the result of one State agency performing a 

service for another State agency.can be paid 

on a reimbursement basis as a travel expense 

item without 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? 

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Hon. Robert S. Calvert, page 2 (M-232) 

" 2 . If you hold that the registration 

fees should be considered a travel expense item 

if the employee was in travel status at the time 

the fee was incurred and exempt from Article 

4413(32), would the Interagency Cooperation Act 

apply to the paying of tuition fees and registration fees for seminars by one State agency 

to another when travel expense is not involved? 

For example, payment to the University of Texas 

at Austin for Tuition, institutes, or seminar 

fees of a State employee whose headquarters is 

in the city of Austin. 

"This information is necessary so that the 

various State agencies can be advised as to the 

procedure necessary to legally incur accounts 

covering services between State agencies." 

Section 3 of Article 4413(32), Vernon's Civil Statutes, 

provides, in part, as follows: 

"Sec. 3. Any state agency may enter into 

and perform a written 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 of materials, or the services of equipment. -..- 

Section 5 of Article 4413(32) provides: 

"Sec. 5. No‘agreement or contract may be 

entered into or performed 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. In reviewing proposed agreements or contracts of the character described 

in this Act, the Board of Control is authorized 

and directed to consider the following factors, 

which shall not be construed to be 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 for reimbursing 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." 

In Attorney General's Opinion M-120 (1967), it was held 

that the registration fee expenses of State employees who were 

assigned to attend the transportation conference at: Texas A&M 

University constituted State business and that'such registration 

fee may be paid when the agency head has made the determination 

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 Texas A&M University, by various State employees constitutes official State business found to be necessary 

and essential for the performance of their duties, such attendance 

is properly the subject matter of an interagency agreement pursuant 

to the provisions of Article 4413(32), above quoted. 

You are therefore advised, in answer to your first question, 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. In answer to your second question, you are 

advised that such registration fees may be paid either pursuant 

to aninteragency contract or as a travel expense item incurred 

by an employee. Attorney General's Opinion M-120 (1967). 

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. .I 

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

SUMMARY 

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. 

Such registration fees may be paid either 

pursuant to an interagency contract or as a travel 

expense item incurred by an employee. Attorney 

General's Opinion M-120 (1967). 

s very 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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