OP 

### TEXAS

.*UnTIS. TEXAR 78711

December 1, 1971 Supersedes C-510 In part

RepresentativeTommy Shannon Chairman, Committee on House Admlnlstrat

Ion Texas House of Representatives P. 0. Box 2910 Austin, Texas 

### 78767 Dear RepresentativeShannon: 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 officialbusiness from points within Texas tc points outside Texas, and return, and the rate of reimbursement allowed. Our answer Is that members of the Legislaturewho serve on any bo’ard,

council, committee or.commlaslonconnectedwith the leglalatureare entitled to relmburaementat the rate of 

### 164per highwaymile, when traveling in their privately owned airplaneon such officialbusiness 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), ArticleV, do not allow reimbursements to ‘executive

heads’ traveling in their personally owned airplanes outside the boundarles of the State of Texas. ” Additional language, entitled “Exceptionsto 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 appropriationact, 1 In Article V, Sec. 15~ (p. V-42) which was not a part of the appropriationbill 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 ,dditlonallanguage reads'as follows:

%hen traveling on officialbusiness 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 officialsand 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 officialsare 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 reimbursementfor members of the Leglslature for travel In their personally-ownedairplaneswithin the boundariesof the State and between points of necessary official businessIs set at 

### 16#per highwaymile In Article V, Sec. 12a of ;;;12wrent general appropriationact, which reads, In part, as : "The rate of reimbursementto executive heads and key officials, Includingmembers 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 airplaneswithin 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-stateand In-state travel on official business.We believe that the Legislature'sclear Intent to allow reimbursementat the rates stated In Sec. 12a supra, coveringboth

-4907-Representative Tommy Shannon,page 

### 3 (M-1006)

In-stateand out-of-stateair travel Is Indicatedby the above quoted languageand ltti hetdlng as an “Exemptionto the per diem and traxel allowance. The wording In Sec. 15c specifically statesthat imbursed

. . In* such Members of the Legislature shall be re-

(Emphasisadded.) The legislativeIntent must control In statutory constructionand when found no further attempt to construe or inwill be made. 

### 53Tex.Jur.2d 182, Statutes, Sec. terpretthe law 

### 125.
In 

### 53 further stated:Tex.Jur.2d 172, Statutes, Section 121, It Is

‘Accordingly,no particularruie will be followed If It leads to an lllOglCal conclusion or a result at variancewith the Intention of the legislature. In other words, the leglslatlve Intent Is not to be defeated by resort to technicalrules 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, ArticleV, Section 13a, the general appropriationact for the 1970-71 biennium and the current general a proprlatlon act for the fiscal year 1971-1972BS.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 18s’per highwaymile, for use of personallyowned airplanesby legislatorswho serve on any board, council, committee or commission for both In-stateand out-of-state travel on official business. Attorney General’s Opinion No. C-510 (1965)has been superaededIn part and Is ;;;;;:Fable In part due to subsequent statutory

. Verc *tNly yours,

I da G?z

MARTIN neral of Texas -dOnA-RepresentativeTommy 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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