January 29, 1970 

Dr. Nelson F. Waldman, 

Texas Optometry, Board 

710 Fannin Street 

Houston, Texas 77002 

Dear Dr. Waldman: 

Chairman Opinion No. M-565 

Re: Authority of Texas Optometry 

Board to pay its executive 

secretary actual travel expenses when attending Board 

meetings or in the performance of actual duties away 

from home office. 

Your request for an opinion asks the following question: 

“Our question Is whether or not the Texas 

Optometry Board has the authority, based on 

the fact situation above presented, to pay to 

Its general office manager actual travel expenses when such Individual is attending Beard 

meeting or is on Board business, in the performance of her actual duties, or whether 

such expense reimbursement must be based on 

the prevailing State per diem.” 

The Individual involved Is designated in the Appropriation Act ftnd carried on the paxroll of the Texas Optometry 

Board as its Executive Secretary. The facts concerning the 

Individual involved are set out in your request as follows: 

I! 

e D . She serves as our general office 

manager ; she is the finance officer for the 

Board, being charged with the responsibility 

of the Initial preparation of the budget and 

the handling of all finances through the 

Board ‘a office; she Is responsible for correspondence addressed to the Board and seeing 

that correspondence Is either properly answered 

or channeled to the appropriate Board member 

in their respective capacities as committee 

chairmen, for proper answer. 

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Dr. Nelson F. Waldman, page 2(M-565) 

"More vitally important to the instant 

question, however, is our absolute need to 

have her in attendance at each of our Board 

meetings, some of whlct. are held outside of 

Austin for various reasons, not the least of 

which is that the giving of examinations by the 

Board must necessitate the utilization of the 

facilities of the college of Optometry at the 

University of Houston, in Houston, Harris County, 

Texas. Her attendance at these Board meetings 

and examination meetings is imperative. Her 

responsibility, in addition to the above 

mentioned, Include the preparation of the agenda 

for the Board, briefing the Board on current 

problems which have come Into the Board's office In Austin during the interim, and apprising 

the Board of the day to day operations over 

which she has the initial authority. Not only 

does she take the minutes of the Board meeting, 

but her tasks include making all necessary ar 

rangements and preparations for the examinati 

of applicants, and Indeed, the multitude of 

tasks necessary to assist the Board in the 

giving of examinations to such applicants. 

'There is sufficient money in the Board' 

approprfated funds for the payment of aztual 

travel expenses to this Board employee. 

ons 

8 

The appropriation to the Optometry Board contained in 

House Bill 2 (Acts of the 61st Legislature, 2nd C.S., 1969) for 

the biennium ending August 31, 1971, appropriates money for the 

compensation of Board members, 

Items 5 and 6 read as follows: 

Executive Secretary and investigator. 

'For the Years Ending 

August 31, August 31, 

1970 1971 

"5 0 Travel, Board Members 

"6. Travel, Executive Sec- 

$ 6,000 $ 6,000 

retary and Investigator 4,000 4,000" 

Section 14 of Article V of House Bill 2 prescribes the 

travel expenses authorized for State employees. Section 1.6 

P 

rescrfbes an exception to the allowance rates. Subdivision (a of 

Section 16 reads as follows: 

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Dr. Nelson F. Waldman, page 3 (M-565) 

"a. Judicial officers authorized by law 

and executive heads of State agencies, lncluding the Executive Director of the Legislative 

Council, shall be reimbursed for their actual 

meals, lodging and incidental expenses (exclusive of expenses related to automobiles' 

for which transportation allowance is paid as 

provided by Section 14a. of this Article) 

when traveling on official business either 

In or out of the State." 

'Executive heads of state agencies" as used In Section 

16a, quoted above, is the same as "heads of state agencies”, as 

defined in Section 2 of Article 6823a, Vernon's Civil Statutes. 

See Attorney General's Opinions C-510 (1965) and C-477 (1965). 

Section 2 of Article 6823a reads as follows: 

"Sec. 2. The provisions of this Act shall 

apply to all officers, heads of state agencies, 

and state employees. Heads of state agencies 

shall mean elected state officials, excluding 

members of the Legislature who shall receive 

travel reimbursement as provided by the Constitution, appointed state officials, appointed 

state officials whose appointment Is subject 

to Senate confirmation, directors of leglslative interim committees or boards, heads of 

state hospitals and special schools, and hEads 

of state institutions of higher education. 

Under the facts submitted, it Is our opinion that the 

Executive Secretary of the Optometry Board is not the executive 

head of the Texas Optometry Board and does not therefore fall 

within the exception of Section 16 above quoted. You are therefore advised that the Executfve Secretary of the Texas Optometry 

Board is to be paid travel expenses fn accordance with the rates 

of allowance contained in Section 14 of Article V of House Bill 

2 (Acts of the 61st Legfslature, 2nd C.S., 1969), since such 

employee is not the executive head of the Texas Optometry Board 

and does not therefore fall withfn the exception contained in 

Section 16 of House Bill 2, 

SUMMARY 

The Executive Secretary of the Texas 

Optometry Board, being an employee of the Texas 

Optometry Board, is to be paid travel expenses 

In accordance with the rates of allowance contained in Section 14 of Artfcle V of House 

-2703- 
Dr. Nelson F. Waldman, page 4 (M-565) 

Bill 2, Acts of the 61st Legislature, 2nd 

C.S., 1969 (current General Approprlatlon 

Act), since such employee is not the executive head of the Texas Optometry Board 

and does not therefore fall within the exception contained In Section 16 of House 

Bill 2. 

General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

Alfred Walker, Co-Chairman 

Robert Davis 

Bennie Bock 

Ed Esqulvel 

Llnward Shivers 

EEADE F. GRIFFIN 

Staff Legal Assistant 

NOLA WHITE 

First Assistant 

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