January 29, 1970

Dr. Nelson F. Waldman, Texas Optometry,

Board 710 Fannin Street Houston, Texas 77002

Dear Dr. Waldman: Chairman OpinionNo. M-565

Re: Authority of Texas Optometry Board to pay its executive secretaryactual travel expenseswhen 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 OptometryBoard has the authority,based on the fact situationabove presented, to pay to Its general officemanager actual travel expenses when such Individual is attendingBeard meeting or is on Board business, in the performance of her actual duties, or whether such expense reimbursementmust be based on the prevailing State per diem.”

The Individual involved Is designated in the Appropriation Act ftndcarried on the paxroll of the Texas Optometry Board as its Executive Secretary. The facts concerning the Individual involvedare set out in your request as follows:

I! e D

.She servesas our general office manager; she is the finance officer for the Board, being chargedwith the responsibility of the Initialpreparation of the budget and the handling of all finances through the Board‘aoffice; she Is responsible for correspondence addressed to the Board and seeing that correspondenceIs either properlyanswered
or channeled to the appropriateBoardmember in their respective capacitiesas committee chairmen, for proper answer.

-2701-Dr. Nelson F. Waldman, page 2(M-565)

"Morevitally 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 heldoutside of Austin for variousreasons, not the least of which is that the giving of examinationsby the Board must necessitate theutilization of the facilities of the college of Optometry at the University of Houston, in Houston, Harris County, Texas. Her attendance at these Boardmeetings and examinationmeetings is imperative. Her responsibility, in addition to the above mentioned, Include the preparation of the agenda for the Board, briefing the Board on current problemswhich 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 theminutes of the Board meeting, but her tasks includemaking all necessary ar rangements and preparations for the examinati of applicants,and Indeed, themultitude of tasks necessary to assist the Board in the giving of examinations to such applicants.

'There is sufficientmoney in the Board' approprfated funds for the payment of aztual travel expenses to this Board employee. ons

8

The appropriation to the OptometryBoard contained in House Bill 2 (Acts of the 61st Legislature, 2nd C.S., 1969) for the biennium ending August 31, 1971, appropriatesmoney 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

"50 Travel, Board Members "6. Travel, Executive Sec- $ 6,000 $ 6,000
retary and Investigator 4,000 4,000"
Section 14 of ArticleV of House Bill 2 prescribes the travel expenses authorized for State employees. Section 1.6 Prescrfbesan exception to the allowance rates. Subdivision (a of Section 16 reads as follows:

-2702-Dr. Nelson F. Waldman, page 3 (M-565)

"a. Judicial officers authorizedby law and executiveheads of State agencies, lncluding the Executive Director of the Legislative Council, shall be reimbursed for their actual meals, lodging and incidental expenses (exclusive of expensesrelated to automobiles' for which transportationallowance is paid as providedby Section 14a. of this Article) when traveling on officialbusiness either In or out of the State."
'Executiveheads of state agencies" as used In Section 16a, quoted above, is the same as "heads of stateagencies”
, 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 shallmean elected state officials, excluding members of the Legislaturewho shallreceive travel reimbursementas providedby the Constitution, appointed state officials,appointed state officialswhose appointment Is subject to Senate confirmation,directors of leglslative interim committees or boards,heads of statehospitals and special schools,and hEads of state institutionsof higher education.

Under the facts submitted, it Is our opinion that the Executive Secretary of the OptometryBoard is not the executive head of the Texas OptometryBoard 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 accordancewith the rates of allowance contained in Section 14 of ArticleV of House Bill 2 (Acts of the 61st Legfslature, 2nd C.S., 1969), since such employee is not the executivehead of the Texas OptometryBoard and does not therefore fall withfn the exception contained in Section 16 ofHouse Bill 2,

SUMMARY
The Executive Secretary of the Texas Optometry Board, being an employee of the Texas OptometryBoard, is to be paid travel expenses In accordancewith the rates of allowance contained in Section 14 of ArtfcleV of House

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

Bill 2, Acts of the 61st Legislature, 2nd C.S., 1969 (currentGeneralApproprlatlon Act), since such employee is not the executive head of the Texas OptometryBoard and does not therefore fall within the exception contained In Section 16 of House Bill 2.

General of Texas Preparedby John Reeves AssistantAttorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman AlfredWalker, Co-Chairman

Robert Davis Bennie Bock Ed Esqulvel Llnward Shivers

EEADE F. GRIFFIN Staff Legal Assistant

NOLA WHITE First Assistant

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