THEA~ITORNEYGENEEAL 

OF'1C'EXAS 

June 2, 1961 

Dr. J. W. Edgar Opinion No. WW-1072 

Commissioner of Education 

Texas Education Agency Re: Computation of expense 

Austin, Texas accounts where an employee 

returns to his designated 

headquarters at the end~of 

the working day before completing his assignment and 

then returns to his temporary 

Dear Mr. Edgar: post the following morning. 

Your letter has been received requesting an opinion of this office concerning the computation of expense 

accounts where an employee travels to his temporary post 

and returns to designated headquarters the next day but also 

makes an unauthoriaed round trip to designated headquarters 

at night. 

In determining the intent of the Legislature with 

regard to travel expense and per diem allowance for State 

employees, we must look to the wording of Acts 56th Leg. 3rd 

C.S. 1959, Ch. 23, p. 442, hereinafter referred to as the 

Appropriation Act. 

Section 32, Subsection "a" reads in part as follows: 

"a. The rate of such reimbursement 

shall be eight (8) cents per mile for 

the employee's personally owned conveyance. None of the moneys appropriated 

for travel expense for mileage within 

the State of Texas for use of personally 

owned automobiles shall be expended un- 

;;ss$e shorteit route between points 

. . . . 

Section 33, Subsections 'larr, "c", and 'Id" read in 

part as follows: 
‘C . 

Dr. J. W. Edgar, page 2 (WW-1072) 

"a. A per diem allowance for inState travel shall mean a flat daily 

rate of Nine Dollars ($9) in lieu of 

actual expenses incurred for meals 

and lodgings. The per diem allowance 

shall commence at the time the employee 

leaves his designated headquarters and 

cease when the employee returns to his 

headquarters. 

1'. @ . 

“C. An employee whose duties require 

travel for periods which do not require 

him to sleep away from his designated 

headquartera shall receive a partial per 

diem allowance for meals rather than a 

per diem allowance. Such partial per 

diem allowance shall be determined by 

the head of the agency and shall be based 

upon a reasonable estimate of the actual 

cost of the meals involved. In computing 

the partial per diem allowance, the travel 

period shall commence at the time the 

employee departs from his designated headquarters. In no event will the partial 

7 

er diem allowance exceed Four Dollars 

$4) per day. 

“4. 0.e 

"When it is cheaper, a traveling State 

employee rnx return to his headquarters 

daily or on the weekend rather than stay 

out at State's expense and by so doing, 

the expenses involved shall be.considered 

as State business: cheaper--as it applies 

to daily round trips shall be determined 

by computing the mileage and per diem on 

a daily basis and the entire mileage and 

per diem on any one day shall not exceed 

the per diem allowance of Nine Dollars 

($9) l It is within the province of such 

agency head to require the employee who is 

away on official State's business to report 

back to his designated headquarters daily 
. 

Dr. J. W. Edgar, page 3 (WW-1072) 

or on weekends if he deems it necessary 

to expedite the completion of the purpose for which the expenses are incurred. 

The employee will clearly show on his expense account the hour and the date he 

returned to his headquarters and the hour 

and date he leaves his headquarters." 

(Emphasis added) 

If an employee actually travels from his designated 

headquarters to his temporary post, completes the purpose for 

which the expenses were incurred the next day, and returns 

the next day from his temporary post to headquarters, certain 

legitimate travel expenses are necessarily incurred in connection with his job regardless of where he spends his evenings 

while on aesignment. Under these circumstances, there is 

nothing in the appropriate statutes, quoted above, which would 

operate to keep an employee from receiving the expense allowances provided in Section 32, Subsection "a" and Section 33, 

Subsection rtal' of the Appropriation Act, quoted above, for 

travel expense incurred in going to and from his temporary 

post, including the full amount allowed for expenses on a per 

diem basis. It is clear that an employee is fully entitled 

to the expenaes for mileage in going to his assignment and 

return and there is nothing in the Appropriation Act which 

would preclude such an em loyee from receiving his full share 

of the nine dollar ($9.00 P per diem allowance as set out in 

Section 33, Subsection "a". There are no limitations on the 

payment of these legitimate expenses so long as the shortest 

route is taken and so long as the employee is traveling on 

state business. Whether he stays at the temporary post at 

night, returns to headquarters for personal reasons, or goes 

elsewhere is irrelevant so long as he performs his required 

duties during working hours. His activities after hours have 

no bearing on the payment of the above mentioned legitimate 

travel expenses even though he is not entitled to mileage in 

making unauthorized trips to headquarters and back to his 

temporary post. 

It is important, also, to point out that an employee 

may be paid, under Subsection "d", for travel expenses incurred 

in returning to headquarters daily to spend the night and back 

to the temporary post the next morning when one of the following exceptions exist. When it is t'cheaper" for the employee 
Dr. J. W. Edgar, page 4 (WW-1072) 

to return to headquarters daily from his temporary post, 

the employee may elect to do so and be paid for travel 

expenses incurred, computed in the manner set out in Section 33, Subsections "c" and "d", quoted above. An employee may also be paid for daily round trips to headquarters, under Subsection "d", when he is required to 

do so by his superiors. Unless one of these situations 

exists, the expenditure for travel to and from headquarters 

daily is not authorized and cannot be paid. However, the 

two exceptions are distinguished from and in no way affect 

the payment of legitimate expenses incurred in going from 

headquarters to the temporary post and return to headquarters on completion of work the following day, including the 

full per diem payments that the employee may be entitled to 

when away from home at night on official business, whether 

he actually spends the night at the temporary post or not. 

Therefore, it is the opinion of this Department 

that under Section 32, Subsection "a" and Section 33, Subsection "a" of the Appropriation Act, an employee is entitled to expenses incurred in going to his temporary post 

and return, including the full per diem allowance, even 

though he may, on his own volition and at his own expense 

return to headquarters at night for personal reasons. He 

may also be entitled to expenses involved in returning to 

headquarters at night if he ca.n do so "cheaper", and elect8 

to do so, to be determined in the manner set out in Section 

33, Subsections "c" and "d" of the Appropriation Act, or if 

he is required to return by his superiors. 

SUMMARY 

An employee is entitled to expenses 

incurred in going to his temporary 

post and return to designated headquarters the next day, including the 

full per diem allowance, even though 

he may, for personal reasons, return 

to designated headquarters at night 

at his own expense. If the employee 

is required to return daily to designated headquarters by his superior or 

if it is "cheaper", to be determined 

as set out in Section 33, Subsections 

"c" and "d" of the Appropriation. Act, 
Dr. J. W. Edgar, page 5 (WW-1072) 

an employee may be paid for expenses 

incurred in returning to designated 

headquarters daily, 

Very truly\yours, 

WILL WILSON 

Attorney General of Texas 

Iola Barron Wilcox 

Assistant 

IBW:afg/bmc 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Robert Lewis 

Robert Rowland 

John Reeves 

W. Ray Scruggs 

;;VIEWED FOR THE ATTORNEY GENERAL 

: Morgan Nesbitt