JIM MA-X-I-OX August 8, 1990 AmmxEY GENERAI.

Honorable Benjamin Euresti, Jr. Opinion No.JM-1204 Cameron County Attorney Cameron County Courthouse Re: Whether anuncompensa974 E.Harrison Street ted commissioner ofa counBrownsville, Texas 78520 ty housing authority may receive mileage credits attributable to authority travel (RQ-1979)

DearMr. Euresti:

You ask fourquestions regarding the use of airline mileage credits accrued by commissioners1 of the Cameron County Housing.Authority (hereinafter the authority). The credits are attributable to travel onbehalf of andpaid for by the authority.

You first ask whether acommissioner may use such credits for his personal use. Chapter 392of the Local Government Code governs county housing authorities but contains noprovisions directly relevant toyour inquiry. However, section 392.035 denies commissioners any compensation but entitles them to receive reimbursement for necessary travel expenses. That provision, prior to its codification in the Local Government Code, was strictly construed todisallow.payment ofamonthly travel allowance. Housina Auth. ofHarlinaen v. State ex relVelasauez, 539 S.W.Zd 911 (Tex.Civ.App. -Corpus Christi 1976,writ ref'd n.r.e.). The court emphasized the fact that travel expense payments aremade frompublic money anddetermined that the part of the $50 travel allowance over the amount of actual travel expenses represented compensation inviolation of the statute. BY extension, that opinion disallows a commissioner from personally collecting the compensation

1. Although you ask about "boardmembers," "commissioners" is the title given in chapter 392 of the Local Government Code.

P. 6375Honorable Benjamin Euresti, Jr. -Page 2 (JM-1204)

represented by airline mileage credits. Of course, if the mileage credits could notbe used for public purposes, use of them by a housing authority commissioner would not constitute compensation. Also, we note that it is the responsibility of the authority, not any individual commissioner, to establish an accounting system with the airlines or travel agency to provide for the authority to receive the travel credits for future use by the authority. Absent such an arrangement, we do not think that a court would finda violation of the Penal Code. See aeneru State Ethics Advisory Opinion 1984-6 (1984). Second, you askwhether the use of themileage credits should be limited to travel onbehalf of the authority. If the authority cannot arrange tohave mileage discounts assigned to the credit of the authority, per se, then the credits assigned to individual commissioners should be used for authority travel.
inyour third question, you ask whether the housing authority may request copies of mileage credit statements from individuals. In the samemanner that any employer may require its officers and employees to account for property belonging to the employer and in thepossession of its employees, ahousing authority may require its officers and employees to account for itsproperty that is inthe possession of its officers. See alsowina Auth. of Harlinaen, Eaxar at 916. Finally, you askwhether the authority may sellmileage credits to the individuals involved. Section 392.056(c) of the Local Government Code allows ahousing authority to.sell itspersonal property. Thus, we believe that the authority isauthorized to sellmileage credits earned as aresult of authority travel, subject, of course, to constitutional requirements that itreceive an adequate ouid ore ou0. Tex. Con&. art. III, 5 52.SUMMARY

A commissioner of a county housing authority is not entitled to compensation. Therefore, hemay not receive airline mileage credits earned on the basis of authority travel. A county housing authority may require that individuals supply copies of

P- 6376Honorable Benjamin Euresti, Jr. -Page 3 (JM-1204)

mileage credit statements, where the credits are accrued from travel on behalf of the authority. A county housing authority may sell itspersonal property, including airline mileage credits.

JIM MATTOX Attorney General of Texas

MARYEELIER FirstAssistant Attorney General

LouMCCREARY Executive Assistant Attorney General

JUDGE ZOLLIE STEAELBY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee Prepared by Karen C.Gladney Assistant Attorney General

P. 6377