I'RICE DANIEL 

ATTORNEY GENERA,. 

October 1, 1947 

Hon. Geo. H. Sheppard 

Comptroller of ?ublic 

Austin, Texas 

opinion Ho. v-394 

Accouuts 

Re: Legality of the _. ^ - in- ; 

cumxon or mea18 

ana lodgings in 

Austin on the expense accounts of 

members of the 

State Board of Eairdressers ana Cosmetologists. 

Reference is made to your recent request for 

an opinion of this Department which reads as follows: 

“Senate Blll No. 131, of the Fiftieth 

Legislature provides Par the members oP the 

state Board of Hairdressers aad cosnetologists to receive $3,600 per gear paya.ble in 

even monthly installments together with 

actual expenses incurred in the performance 

of their officia~l duties. 

"Please advise iP the members of’ this 

Board can be reimbursea for meals and lodgings, in the city of Austin, in which Is 

located the Boara of Hairdressers and Cosnetologists." 

Senate Bill No. 131 of the 50th Legislature, 

1947, amended Section 7 of Article 73&b, V.P.C., to read 

as follows: 

'The members of the Boara shall each 

receive a salary of Three Thousand Six 

Hundred ($3,600.00) Ddllars per year, payable in equal monthly pagrents, together 

with aotual expenses incurred in the performance of their official duties, providing such expenses shall be allowea if 

and when waited, approved and allowed by 
. . 

Ron ; Geo. H. Sheppard - Page 2 (V-394) 

the State Comptroller. Such salary ef the 

Board members ana the Executive Setiretarg 

as well as all other expenses incidental 

to the discharge of their duties, shall be 

allowed, including reasonable expenses in 

attending schools for the purpose of taking 

post graduate coumes in beauty culture 

only and attending conventions of beauty 

culturists, both state and national;' providing in no eveht shall such expenses for 

shy 0ne Board member exaeed the sum of One 

Hundred ($100.00) Dollars for any one convention or post graduate course attended 

within the State nox more than Two Hundred 

($200.00) Dollars for any 0ne convention or 

post graduate course attended out of the 

state; provided that no more than one member of the Board shall be absent Prom hia 

regular auties was a BOara meviber at any 

time PIP the ,gurpose,of taking such post 

graduate work only 'and that no Board member 

shall attend (or take) ~0~4 than ones (1) 

such post graduate c0ume duping any one 

(1) calendar 

than a two (2 3 

ear extenaihg over not more 

weeks period. All salaries 

and expenses shall be paid out of the,Ptuu¶ 

in the State Treasury to the credit of the 

Texas Board of Cosmetology on requisition 

signed by the President and Semetary,of 

;;;l;;.r$ and a warrant of the State Comp- 

. 

In Item 18 under title State Board of Halrdressers ana Cosmetologists of the general appropriation, 

there is an appropriation of $6,000.00 for Board members' 

travel expense. 

Under the general provisions of the Approprlation Dill OP the 50th Legislature, 1947, Subsection "b" 

of Section 11, we find the following: 

"The Comptroller shall not pay, and no 

State officer 0~ employee of any of the departments or other agencies oP the government shall 

include in his traveling expense account any 

amounts for reals and/or lodging incurred within the oity OP town where such, offioer or such 

employee is stationeds Such enployees as are 

stationed away from their main 0?'fi0e oF 
Eon. Geo. H. Sheppard - Page.3 (V-394) 

headquarters who are not allowed traveling 

expenses where so stationed shall be allowed 

such expenses when called to their main office.' 

In your letter you do not state whether the 

Board members are residing in the City of Austin or not. 

But inasmuch as the Board of Cosmetology has located 

the office in Austin, we assume that all the Board members reside in Austin. On January 27, 1917, this Department rendered an opinion to the Chief Deputy Game, 

Fish and Oyster Commissioner, who was living in the City 

of Austin, which stated as Pollows: 

"In our opinion the items in the 

various appropriation bills providing for 

the payment OP traveling expenses relate 

only to the expense of any officer or employee while on the road traveling on business of the State away from the office of 

such department and from his place of abode 

where such department is located, and there 

is no authority in law for allowance of any 

living expense account of any officer or 

employee while he is in the city OP Austin 

under the guise of a traveling expense account. " (A. G. Op. No. 1700, Bk. 40, p. 442) 

Since the Board members are now on a salary 

basis and in view of the foregoing, it is the opinion of 

this Department that the members of the Board of Cosmetology cannot be reimbursed for meals ana lodgings in 

the City OP Austin. 

SUMMARY 

Members of the State Board of Rairdressers and Cosmetologists living in Austin 

cannot be reimbursed Por meals and lodgings 

in the City of Austin, their office being 

located in that city. 

APPROVED: 

"h7""$"" 

FI ST ASSISTANT 

AT ORREY GERERAL 

BA:djrn 

Very truly yours 

ATTORREY GERERAL OF TEXAS 

"4SeF 

Assistant