Honorable Robert S. Calvert 

Comptroller of Public Accounts 

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: 

'On and after September 1, 1959, . 

what will be the proper rate of reimbursement for mileage by private owned 

conveyance for Judges (including Dlstrlct Judges) and District Attorneys?" 

Article 6823, Revised Civil Statutes of Texas, 1925, 

provided as follows: 

"The traveling and other necessary 

expenses incurred by 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 appropriated by the 

Legislature In the general appropriation 

bills providing for the expenses of,,the 

State Govertunent'from year to year. 

In 1931, the'Leglslature amended Article 6823 by 

adding a provision which provided as follows: 
Honorable Robert S. Calvert, page 2 (WW-7'23) 

I, 

. . . When appropriations for 

traveling expenses 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 or all trips covered by 

the expense accounts submitted for payment 

or allowance from such appropriations, and 

such payment or 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." (Emphasis ours). 

In 1949, the Legislature amended Article 6823 by removing from Its provisions the phrase 'and such payment or 

allowance shall be made at a rate not to exceed Five (54) 

Cents for each mile actually traveled." 

Article 6823 was again amended In 1953 so that it 

now provides: 

"The traveling and other necessary expenses incurred by 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 General Appropriation 

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 .or all 

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 'expense Incident to 

the operation of such automobile shall be allowed." 

(Emphasis ours). 
Honorable Robert S. Calvert, page 3 (W-723) 

Senate Bill 272, Acts of the 56th Legislature, Regular 

Session, Chapter 231, Page 523 (codlfled in Vernon's as 

Article 6823a) is an Act providing for state travel regulations. Section 2 of Senate Bill 272 reads as follows: 

"Sec. 2. The provisions of 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 employees paid by the 

state, counties, or other political subdivisions pursuant to law. Heads of state agencies 

shall mean elected state officials, excluding 

members of the Legislature who shall receive 

travel reimbursement as provided by the Constltution, appointed state officials, appointed 

state officials whose appointment Is subject to 

Senate confirmation, directors of 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 Appropriation Acts providing for the expe!ses of 

the state government from year to year. 

It is noted that It is specifically provided that the 

..provlsions of Senate Bill 272 shall not apply to judges and 

judicial employees. It is also specifically provided that 

it shall apply to State officials. Since the District Attorneys of this State are State officials within the meaning 

of Senate Bill 272 and are not judicial employees, the rate 

of transportation allowance (mileage) of District Attorneys' 

official travel Is governed by the provisions of Senate Bill 

272. Since Senate Bill 272 specifically provides 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 6823 limits the rate of transpoo>atLon allowance 

j (mileage) to Seven (7#) Cents pe:?~mile. You are therefore 

advised that the rate of transportation allowance 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 Appropriation Act. Subdivision a of Section 32 of Article V 

of House Bill 4, Acts of the 56th Legislature, T;-rird Called 

Session (current General Appropriation Act) sets the rate of 

transportation allowance (mileage) at Eight (84) Cents per 

mile. Therefore, the proper rate of trans 

(mileage) for District Attorneys is Eight P 

ortation allowance 

66) Cents per mile. 

The proper rate of transportation allowance 

for judges is Seven (7#) Cents per mile. 

Article 6823, Revised Civil Statutes of Texas, 

1925, as amended. The 

tion allowance (mileage 

roper rate of transportaP for District Attorneys 

is Eight (a#) Cents per mile. Senate Bill 272 

Acts of the 56th Legislature, Re ular Session, 

Chapter 231, Page 523 (Article 6 8 23a, Vernon's 

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