I'RICE DANIEL ATTORNEY

GENERA,. October 1, 1947

Hon. Geo. H. Sheppard Comptrollerof ?ublic Austin, Texas opinion Ho. v-394 Accouuts Re: Legalityof the

_. ^ - in- ; cumxon or mea18
ana lodgings in Austin on the expense accounts of members of the State Board of Eairdressersana Cosmetologists.

Reference is made to your recent request for
an opinion of this Departmentwhich reads as follows:

“Senate Blll No. 131, of the Fiftieth Legislature

providesPar the members oP the state Board of Hairdressersaad cosnetologists to receive $3,600 per gear paya.ble in
even monthly installmentstogetherwith actual expenses incurred in the performance of their officia~l

duties.

"Pleaseadvise iP the members of’ this Board can be reimburseafor 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 ThousandSix Hundred ($3,600.00) Ddllars per year, payable in equal monthly pagrents,together with aotual expenses incurred in the performance of their officialduties,providing such expenses shall be allowea if and when waited, approvedand allowedby. .



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

the State Comptroller. Such salary ef the Board members ana the ExecutiveSetiretarg
as well as all other expenses incidental to the discharge of their duties, shallbe allowed, includingreasonableexpenses in attending schoolsfor 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 conventionor post graduate course attended out of the state; provided that no more than one member of the Board shallbe absent Prom hia regular auties was

a BOara meviber

at any time PIP the ,gurpose,of taking such post graduatework 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

3ear 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 Cosmetologyon requisition signedby the Presidentand 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 $6,000.00for Board members' travel expense.

Under the general provisionsof the Approprlation Dill OP the 50th Legislature,1947, Subsection "b" of Section 11, we find the following:

"The Comptrollershall not pay, and no State officer 0~ employeeof any of the departments or other agenciesoP the governmentshall include in his travelingexpenseaccount any amounts for reals and/or lodging incurredwithin the oity OP town where such, offioer or such employee is stationedsSuch enployeesas are stationedaway from their main 0?'fi0e oFEon. Geo. H. Sheppard - Page.3 (V-394)

headquarters

who are not allowed traveling expenseswhere so stationedshallbe allowed such expenseswhen 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 inasmuchas 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 providingfor the payment OP travelingexpensesrelate only to the expense of any officer or employee while on the road travelingon business of the State away from the office of such departmentand from his place of abode where such departmentis located,and there is no authority in law for allowanceof any living expense account of any officer or employeewhile he is in the city OP Austin under the guise of a travelingexpense 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 Departmentthat the members of the Board of Cosmetology cannotbe reimbursedfor meals ana lodgings in the City OP Austin.

SUMMARY

Members of the State Board of Rairdressersand Cosmetologists living in Austin cannotbe reimbursedPor meals and lodgings in the City of Austin, their officebeing located in that city.

APPROVED:

"h7""$"" FI ST ASSISTANT AT ORREY GERERAL BA:djrn Very truly yours

ATTORREY GERERAL OF TEXAS

"4SeF Assistant