HonorableRobert S. Calvert

Comptrollerof PublicAccounts Capitol Station Austin, Texas Opinion No. Ww-723

Re: Proper rate of reimbursement for mileage by prlvately;owned.conveyance for Judges (including District Judges) Dear Mr. Calvert: and District Attorneys.

You have requested an opinion on the following question:

'Onand after September 1, 1959,

. what will be the proper rate of reimbursement for mileage by private owned conveyance for Judges (includingDlstrlct Judges) and District Attorneys?"

Article 6823, Revised Civil Statutes of Texas, 1925, providedas follows:

"The traveling and other necessary expenses incurredby the various officers, assistants,deputies, clerks and other employes in the various departments of the

, State Government,ins the active dis,charge of their duties shall be such as are specifically fixed and appropriatedby the Legislature In the general appropriation bills providing for the expenses of,,the State Govertunent'from year to year.

In 1931, the'Leglslatureamended Article 6823 by adding a provisionwhich provided as follows:Honorable Robert S. Calvert, page 2 (WW-7'23)

I,

. . . When appropriations for traveling expenses are made any allowances
or paymentsto officials or employees for the use of privatelyowned automobiles shall be on a basis of actual mileage traveled for each trip or all trips covered by the expense accounts submitted for payment
or allowance from such appropriations,and such paymentor allowance shall be made3
a rate not to exceed five (5q!) cents for each mile actually traveled,and no additional expense incident to the operation of such automobile shall be allowed." (Emphasisours).

In 1949, the Legislatureamended Article 

### 6823by removing from Its provisionsthe phrase 'and such payment or allowance shall be made at a rate not to exceed Five 

### (54) Cents for each mile actually traveled."

Article 

### 6823was again amended In 1953 so that it
now provides:

"The traveling and other necessary expenses incurredby the various officers, assistants, deputies, clerks and other employees in the various departments, institutions, boards, commissions or other subdivisions of the State Government, in the active discharge of their duties shall be such as,

are specifically fixed and appropriated by the Legislature In the GeneralAppropriation Bills providing for the expenses of the State Qovernment from year to year.. When appropriations for traveling expens.es are made any allowances or payments to officials or employees for the use of privately owned automobiles shall be'on a basis of actual mileage traveled for each trip .orall trips covered by the expense accounts submitted for navment or allowance from such annrooriations. and sufh payment or allowance shall be made at ~a- rate of seven cents 

### (7d) for each mile actually traveled, and no additional 'expenseIncident to the operation of such automobile shall be allowed." (Emphasisours).Honorable Robert S. Calvert, page 3 (W-723)

Senate Bill 272, Acts of the 56th Legislature,Regular Session, Chapter 231, Page 523 (codlfledin Vernon's as Article 6823a) is an Act providingfor state travel regulations. Section 2 of SenateBill 272 reads as follows:

"Sec. 2. The provisionsof this Act shall apply to all officers,heads of state agencies, and state employees. The provisions of this Act shall not apply to judges and other judlclal employeespaid by the state, counties, or other political subdivisions pursuant to law. Heads of state agencies shall mean elected state officials, excluding members of the Legislaturewho shall receive travel reimbursementas providedby the Constltution, appointed state officials,appointed state officialswhose appointment Is subject to Senate confirmation,directorsof legislative interim committees or boards, heads of state hospitals and special schools,and heads of state institutions of higher education."

Subdivision b of Section 3,of Senate Bill 272 provides as follows:

"b

. The rate of per diem and~transportation allowance and method of computing those rates shall be those set forth in General AppropriationActs providing for the expe!ses of the state government from year to year.

It is noted that It is specificallyprovided that the ..provlsionsof Senate Bill 272 shall not apply to judges and judicial employees. It is also specificallyprovided that it shall apply to State officials. Since the District Attorneys of this State are State officialswithin the meaning of Senate Bill 272 and are not judicial employees, the rate of transportationallowance (mileage)of District Attorneys' official travel Is governed by the provisionsof Senate Bill 272. Since Senate Bill 272 specificallyprovides that its provision shall not apply to judges, the rate of transportation allowance (mileage)of judges'official travel is not governed by its provisions,but is governed by the provisions of Article 6823, Revised Civil Statutes of Texas, 1925, as amended.

### 3584.

Honorable Robert S. Calvert, page 4 

### (WW-723)

Article 

### 6823limits the rate of transpoo>atLonallowance j (mileage)to Seven 

### (7#)Cents pe:?~mile.You are therefore advised that the rate of transportationallowance for judges is Seven 

### (7#)Cents per mile.

Senate Bill 272 provides thtit the rates of transportation allowance shall be those set forth In the General AppropriationAct. Subdivisiona of Section 32 of Article V of House Bill 4, Acts of the 

### 56th Legislature,T;-rird Called Session (currentGeneralAppropriationAct) sets the rate of transportationallowance (mileage) at Eight (84)Cents per mile. Therefore, the proper rate of trans (mileage) for DistrictAttorneys is Eight Portation allowance 66) Cents per mile.

The proper rate of transportationallowance for judges is Seven 

### (7#)Cents permile. Article 

### 6823,Revised Civil Statutes of Texas, 1925, as amended. The tion allowance (mileageroper rate of transportaP for DistrictAttorneys is Eight 

### (a#)Cents per mile. Senate Bill 272 Acts of the 

### 56thLegislature,Re ular Session, Chapter 231, Page 523 (Article

### 6 23a,Vernon's 8 Civil Statutes).
Yours very truly,

WILL WILSON Attorney General of Te:-3s

JR:ntg:me

APPROVED:

OPINION COMMITTEE Gordon Cass, Chairman

Jot A. Hedges Elmer McVey Morgan Nesbitt

REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert