OP TEXAS 

.*UnTIS. TEXAR 78711 

December 1, 1971 

Supersedes C-510 

In part 

Representative Tommy Shannon 

Chairman, Committee on House 

Admlnlstrat Ion 

Texas House of Representatives 

P. 0. Box 2910 

Austin, Texas 78767 

Dear Representative Shannon: 

Opinion No. M- 1006 

Re: Authority of House Rembera to travel at State 

expense In privately 

owned airplanes on official business within 

and out of Texas. 

You have requested our opinion on the question of the 

authority of House Hembers to travel at State expense In privately 

owned airplanes on official business from points within Texas tc 

points outside Texas, and return , and the rate of reimbursement 

allowed. 

Our answer Is that members of the Legislature who serve 

on any bo’ard, council, committee or.commlaslon connected with the 

leglalature are entitled to relmburaement at the rate of 164 per 

highway mile, when traveling in their privately owned airplane on 

such official business from polnte within the State to points out. 

aide the State and return. 

In Attorney General’G Opinion C-510 (1965), we stated: 

“The provisions of House Bill 12, Section 

14(a), Article V, do not allow reimbursements 

to ‘executive heads’ traveling in their personally 

owned airplanes outside the boundarles of the State 

of Texas. ” 

Additional language, entitled “Exceptions to the per 

diem and travel allowances”, was made a part of House Bill 2, 

Article V, Section 16d for the 1970-71 blenn urn, and carried over 

Into the current general appropriation act, 1 In Article V, Sec. 

15~ (p. V-42) which was not a part of the appropriation bill when 

’ E.;. 11, Act8 62nd Leg., R.S., 1971, as amended by S.B. 71 1st 

. ., 62nd Leg., 1971. 

-4906- 
~e~esentatlve Tommy Shannon, page 2 (M-1006) 

Attorney Qeneral 's OPinlOn C-510 (1965) was published. This 

,dditlonal language reads'as follows: 

%hen traveling on official business ln- 

--- aide the state. such Members of the Lealslature 

shall be relmb&sed for mileage on the-same 

basis as 18 provided In this Act for other State 

officials and employees; and It Is further provided that the same mileage rates shall apply to 

necessary travel to points within the State other 

than the seat of government. For necessary travel 

on official business outside the State, such 

Members of the Legislature shall be reimbursed 

for the actual cost of commercial transportation 

exceot -_~. _ that such cost shall not Include Federal 

taxes from which such officials are exempt, or 

at the same mileage rate as Is prescribed above 

in tnis paragraph wnere a personally ownea automobile or alrnlane Is used for such travel." 

(J%mphasls added.) 

The rate of reimbursement for members of the Leglslature for travel In their personally-owned airplanes within the 

boundaries of the State and between points of necessary official 

business Is set at 16# per highway mile In Article V, Sec. 12a of 

;;;12wrent general appropriation act, which reads, In part, as 

: 

"The rate of reimbursement to executive 

heads and key officials, Including members of 

the Legislature, for travel In their personally 

owned airplanes within the boundaries of the 

State of Texas and between 

fflclal business shall b 

ier highway mile. 

e ;opt&t3f tll”~,“~;p 

The rate of reimbursement for 

other State employees for travel In their personally owned airplanes within the boundaries 

of the State of Texas and between points of 

necessary official business shall be ten (10) 

cents per highway mile." (at p. V-39-40). 

The above covers both out-of-state and In-state travel on official 

business. 

We believe that the Legislature's clear Intent to allow 

reimbursement at the rates stated In Sec. 12a supra, covering both 

-4907- 
Representative Tommy Shannon, page 3 (M-1006) 

In-state and out-of-state air travel Is Indicated by the above 

quoted language and ltti hetdlng as an “Exemption to the per 

diem and traxel allowance. The wording In Sec. 15c specifically 

states that 

imbursed . . In* 

such Members of the Legislature shall be re- 

(Emphasis added .) 

The legislative Intent must control In statutory construction and when found no further attempt to construe or interpret the law will be made. 53 Tex.Jur.2d 182, Statutes, Sec. 

125. 

In 53 

further stated: 

Tex.Jur.2d 172, Statutes, Section 121, It Is 

‘Accordingly, no particular ruie will be 

followed If It leads to an lllOglCal conclusion 

or a result at variance with the Intention of 

the legislature. In other words, the leglslatlve Intent Is not to be defeated by resort to 

technical rules or subletlea.” 

Attorney Qeneral’s Opinion No. C-510 (1965), In part, 

Is no longer applicable In view of subsequent statutory changes 

and Is thus superseded. 

SUMMARY 

House Bill 2, Article V, Section 13a, the 

general appropriation act for the 1970-71 

biennium and the current general a proprlatlon 

act for the fiscal year 1971-1972 B S.B. 11, Acts 

62nd Leg., R.S., 1971 as amended by S.B. 7, 1st 

C.S., 62nd Le 197lj allow reimbursement, at 

the rate of 1 8 s’per highway mile, for use of 

personally owned airplanes by legislators who 

serve on any board, council, committee or commission for both In-state and out-of-state 

travel on official business. 

Attorney General’s Opinion No. C-510 

(1965) has been superaeded In part and Is 

;;;;;:Fable In part due to subsequent statutory 

. 

Ve rc *tNly yours, 

I 

da G?z 

MARTIN 

neral of Texas 

-dOnA- 
Representative Tommy Shannon, page 4 

Prepared by Melvin E. Corley 

Assl8tant Attorney General 

APPROVED: 

OPINION COMMITTEB 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

John Reeves 

Houghton Brownlee 

Max Hamilton 

John Banks 

SAU MCDANIEL 

Staff Legal Assistant 

ALFREDWALK 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1006) 

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