OFFICE OF THE ATTORNEY Gl?NERAL OF TEXAS 

AUSTIN 

G-G.Nb”” 

A-- . - 

r 

Eonorable ma C. King 

aate Auditor and Ef+flaienoy sxpert 

Austin, Texas 

Dearlir.Kdq: 

Thie dll 

Ootober SO, 1910, r 

as to the right of' 

enter into a oontra 

of tMs departrment 

or Mate agent to 

as tollom. 

&bsoriber 

dt of +4aa.o0 

rill establish an 

er against rrbieh 

ago ohargee, iswe will be 

h month, or more 

mny require, aompaq ~111 

value of tiokete, inoludlng 

argee, not previously billed, 

tee, less flPtoen per 00nt 

case 8ubcoriber 

around-tripiam 

-trip Pare rould be lover thau the 

dieoounted tare herein provld6d Par, Subsoriber 

shall be ontitled to such 1oWer fare). Subsoriber 

agrees to remit iwmedlately the amounts billed, 

the remittance to be credited to Subocriber*s Acoount, so as to maintain the Aocount at $42R,eo 

ae nearly oontinuouely as poesiblo. 

"2. AlWUAL UAiI'TATION ON DI%OUNT.--If the 

total charges against SubsoribcW s Aacount for 
Honorable Tom C. Xing - pago 2 

tickets, including exaeas bag+gc char~os, at 

full one-way rates, on +l.ch the discount providcd in paragraph 1 of this Agooment has 

bean allowed, average, during any calendar 

year, or during euoh prtion of a oalendar 

year as Subscriber*8 Acoount is outstanding, 

less than $25.00 %Onthly, Company shall bill 

Subeoribor at the end of the calendar year for 

total of all fifteen per oent (16s) disoounts 

allowed Bubsoriber during such calendar year, 

and Subsoriber agrees to rexrlt imediately the 

amount billed. In the oass of an Account outstnnding during less than the full oalendar 

year nuy portion of a month shall count as a 

month in dctoradning the avorage monthly value 

of tickets charged against tho Account. In 

bllline for unearned discounts at tha end of a 

calendar year Company will allow Subscriber the 

bonofit of all lawfully-published diaoountod 

fnros (such as round trip farm) on tickets to 

vhioh such foxes are applicable. 

"3. D%LIVERY OF CARDS .--Cards shall be rccoiptod for by Subscriber who agrcos that they 

shll not bc delivered to Card holders until 

signed in ink by Card Holdore for purposes of 

idontifioation pnd countersigned by on official 

of Subecribor. Mew CarUs will be iesueU for 

oath oalcnrlar year and ths rcplaccd Cards shall 

be surrcnderad. 

"4, CANI AloLoms .--Upon request in writing 

by Subscriber, Company will issue Cards to any 

oligiblo infiioidual. Those eligibla to roooive 

or hold Cards arca If Subscriber is other than 

an individual, the officers, directors, partncrsi 

o,nd etiployees of Subscriber, anil officers, d.i.- 

rectcrs, and cnployoes of any oorprnta affiliato of Subscribm; or, if Subscriber is an individulutll, the Gubsoriber, his cmployeoe, and 

~zx.~I)oi'fi of his inrix3diate fardly. ‘Ix!~JediQtO 

fadly* 6:33ns a slmmc, minor children, dolwndant rclativcs, rmtl dopcndants in tho household. 

Subscriber agroos to request Cards only for individuals cligiblo to roccivo Cards under this 

Agroe~snt, ixxd to disclose to the Colr.pany the 

faots hoc&jsilrp to ostnblish the Card tiolder*s 

olfgibility. 
S28 

Uonornble Tom C. iring - page 3 

l 5. USI W AIll TMilJL CARDS.--A Card x 

bq! useIl ou $0 

-- 

pa rchase tickets for me transportation of the Cmd Uol&rJ a$ tickets a 

i66UOd g & no t tmgjsfer a Lards are not 

good for passage, but will <e honorod in lieu 

of aash for the issu3nce of tickets, including 

oxoeas baggage charges, on the lines of the 

conpmy and 6UCh othor airlinoe :!c: arc parti 

to tho Universal Air Travol Plan Tariff on file 

with the Civil Aeronautics Authority, when pr,r3- 

sonted lay Card Iloldors at any of the city or 

airport ticket offices of such airlines. Tickote will not be iesuod hercundor except upon 

presentation of Cards and signing of rocoipts. 

Only airline employees arc authorizad to issue 

tickets hereunder. 

-6. TIWETS Li’ITflOUT DISCOUiiT ON SPXXALLY 

DG3IciNAT3 AIS LINZS .--Subscriber a,voes that 

Congnny may issue on authority of tho Card 

tickets for transportation on airlines (not 

partios tc the Universal Air Travel Plan Tariff) 

rrhich have been specially deSig nRby teCompany & 

in writing to Subscriber, and tilat any such 

tickets shall be charged a@inst Subscriber's 

Bccouut at lawfully-published rates and shall be 

paid for by Subscriber without the discount providod in para;:ropb 1 of this Agrozment. 

'-7. ~13SI%NSIUILlTY 1:011 US2 CW CAIlDS.--Company will use reasonable car3 and pr3aautlon to 

PC--vent Larile being usod by persons other than 

Card l!oldors, but if Cards are used by any unauthorized or ineligible poraor. CF for any unaut;horizod purpose, SUbsCrib3r &all bo rosponsiblo for the value of tho ticknts issued, includiq; 0~~~33 baggage charges, withcut the 

benefit of tiio diSCOWIt providod for in parag;ra# 1 of this Agrc,sr2+3nt. If Subscriber desires to torminata its responsibility for the 

US0 Of a card, or If a Card 1~3s been lost or 

destroyad, Subscriber agrees tc notify Company 

.+reof al& recjuast tlio cancellation of such 

card. ug011 r3coil;t of the notice, Conpny will 

tati* stops to prevent the 1.133 of such cancelled 

Cards, but if, notnitbstandin~; such stops, 
Ronorable Tom C. iring -. page 4 

the Card shall be bOnOred within a period of 

eight days following receipt CT such notim, 

Subsaribor shall be responsible for transportation furnished thereunder. Subscriber further e+greas to notify Company imx3d$,atslj 

vhenever the status of any Card holder changog 

in such manher that the Card Holdor is no longer eligible to hold a Card under this Agreoment, and to,return the Card to Co~ipany for 

cahoellatLGn. 

‘8. CARD8 NOT T1UN3FMABL3 .--Air Travel 

Cards are not transferable antI my be taken up 

if present& by persons other than Card Holdora. 

*$I. CANChLLAl'ION OF il:iS~HYA'I'iGNS.--Rsservationo not used met be oanoelled by Card Loldors 

at suoh times before plane departures as snag be 

required by the rules and regulations of the airLine on whiob pfmaga is reeorved. 

’ IO. LL&BUdTIS8 .--The Company and the other 

airlines on vhioh Cards may be honored shall be 

liable only for their respective acts. 

" 11. TICliST R!WUNIIS .--When flights are cancelled or uncompleted due to causas not within 

the oohtrol of the passenger, refund may be mde 

to the paseonger. such rorunils, at the option 

of th,z r+~funding airline, may ho made by checks 

or orBem for substituta transportation by other 

GGrri31*5; refunds by check shall be lindfed to 

the unumc% ticket vnluos lem3 the disoount providcd for in parqrnpb 1 of this A~~rooment applicable to such unusad ticket values. Otliorniss ,

refunls shnll bo by credit to Subscrlborts Account 

nPt3r ticket3 are surrendered to Com;uny. 

(I u. T&yQ&Q$yiO& a;) Sg~rj,.:i~~Nfr' .--mzJ &p&q+ 

mont &oll oGntinue in effeot until term%natad by 

either y&y &viny; eight days' written notioe tG 

the ether flt the address appearing herein. Corn-- 

pang may, hcwxer, terminate it 2.t rmqy time in 

cvsnt of ,IcFnult of Subscriber. Compny my ropoke the right to ~UQQ Cards issiin:i iicreundor nt 
Honorable Tom C. King - Page g 

any time after reooipt by either party of 

notice of termination. Upon termination, 

all outstanding Cards shall be surrendered 

to Company and Company will ssttlo by r3- 

turnir-5 the amount remaining in Subsorib$l(s 

Account, virioh will be the ditferenoe bet8een 

the amount of deposit and any unpaid ehargea. 

If, hQU3v3P, in any svent, less than 5226,oo 

in trwel value has beon used, th3 amount returned ehnll b.3 reduced by tho sum of all 

fifteen per cent (16$) discounts previously 

allowed. In the event the unpaid travel 

value that has been furnished to Subsorib3r 

exceeds the balanca remaining in Subscriber's 

Account, subscriber agr33s to pay the Company promptly tho amount of suoh 3xoess, less 

the discount provided for in parqraph 1 of 

this Agraoment. In the event that tha Oompany brings suit on any dobt of Subscriber 

inourr3d ,u..dor this ,Ag:?eem3nt Coqmny ahall 

be ontitlad ta roeover, in acXi.tim to the 

amount of the debt, its costs anz1 m?sonzblo 

attornoysl foes. 

“13. CIVIL MHI)NAUTICS AUT~WLIT~ RULES 

AND WULATIONS .--This Agreement shall be subject to any applicable tariff and to tho rules, 

re,zlations and orders of the Civil Aeronautics 

Authority. 

l gxuept that, by signing a supplsxintal One 

Trip Air Troval Order Agreom%?t, the Subsoribor may arrange for limited authority to 

secure tickets for eligible non-cardholding 

persons to whom the Subecriber does not wish 

to iesuc3 Cal-:ls ,* 

we 8SSUG18, of course, you are ooncorned only 

with the use of public fund6 by ths subscriber or purchaser undor tila terms of such contrnct, and make our 

~an6wor ncoordingly. 

Public offfoors and Stat3 ar;onte -- tho croaturas 

Gf th3 law -- hav3 only such povars as are oxproseZy oanfer- 
331 

P. 

klonorable Tom C. liing - page 6 

red upon them by law, or such an are necessarily implied 

a8 an incidant to the oxsmtion of the oxpreee power5 

coaf errea - 

If authority upon the part of II Stat3 ofYi.oer, 

boarll or agonoj to make the proposed contract exists, it 

mist be fcuti in 801~ statute. Tbarc is z0 statute expreselg giving such powOr, ncr is there, In our opizdon, 

my etatUt vhi3h by Sny reP6UIlCb10 inteq%W,stiOn Could 

fmply suah poPfor. 

The mattar of travel expense in aonnection with 

th3 transaction of Stats busineos by ~tl?c Stat3 officers, 

boards and agents is oontrol:ed, usually, by spec1ff.c appo;?rintion6 in the roeyaotiva i+xnAd ~~pprepriationa. 

The prtlposad contraot plan is not only not authorixod by 

atatuts .br by approprn?fation act, but, O:I th3 cthor hand, 

is contrary co tha eGhem* an& plan contamplate& by ths 

Lsglslature ati flctually in praotico throughout this State 

-- that is, 0 pay-as-you-go plan, ta;dng recei;t6 ana presenting monthly sworn n.ocounts e‘or nudit an4 warrant to be 

paid in the ordinary ooumo. 

Tim proposed wntraot tiolatos, aud is cantrary 

to, tkL6 octiro Statutory plan. Speclfical~y, it ie unauthori&& bscause no off'ioer or o,thor agent of the State 

has authority to 3mplOy ,%f&t3 fLUAh tC E!..2& the irltiel 

dopOSit required by the ccntraot, and no such oPPicor or 

agc2lit is XltliOI’iZCZL to P3d.t 6tetO fUil& f.si;Gdi&tOly upon 

receiving a bill thordor, as requirail by th3 p~opoaeU 

coatrnct ) a!& nc such cHicor Cr Ug?J~i'i $.a Wlth(Jl'iZ9~ to 

contract fw il li7bbllitg on ‘aehelf of anoth3r who mi@t 

~r~:l;-f~fly yrocwe tlekots up-~. (;I:3 eerfi of the dfioakor agent. 

Trrrstln,tL; that tl1i.o rjcTls~LiLUL~& a aiaisCaCi,ory 

answer t6 ycur inquiry, we are 

Vary truly yours 

66-&R