### EA ORNEY GENERAL OF EXAS

May 3, 1962

Mr. Joe D. Carter, Chairman OpinionNo. WW-1327 Texas Water Commission
BOX 2311 Capitol Station Re: Whether the Chief Engineer Austin 11, Texas of the Texas Water Commission is entitled to receive actual expenses when traveling on state Dear Mr. Carter: business.

Inyour recent letteryou have requested that this office render its opinion upon the followingquestion:

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. . .whetheror not the Chief Engineer of the Texas Water Ccmmission is entitled to his actual expenseswhen traveling on business for the State?" Section 35 (a) of Article V of Senate Bill No. 1, Acts of the 57th Legislature,First Called Session, 1961, which is the currentGeneralAppropriationAct provides as follows: "Executiveheads of State agencies, including the Executive Director of the Legislative Council, shall be reimbursed for their actual meals, lodging and incidental expenseswhen traveling on officialbusiness either in or out of the State." There is currectlyappropriated to the Texas Water Commission the sum of $52,000 for the year endingAugust 31, 1962, and $52,000 for the year ending ALgust 31, 1963 to be expended for Travel Expense and operation and maintenance of trucks." Consequently there are presently appropriated funds out ofwhich the Chief Engineer may be reimbursed his actual travel expenseswhile on statebusiness if the Chief Engineer may be considered to be Includedwithin the scope of the term "Executiveheads of State agencies

. . .'as used in the General AppropriationAct.Mr. Joe D. Carter,page 2 (WW-1327)

House Bill No. 12,Acts of the 57th kgislature, Third Called Session, 1962, changed the name of the Board of Water Engineers to the Texas Water Commission and prescribed the duties, powers and function of the Commissionand the Chief Engineer. The dutieswhich the Legislature imposed upon the Chief Engineer are set forth at great length in Section 4 of House Bill No. 12 and it will suffice for our purposes here to merely observe that such duties consist of the carrying out and implementationof existing statutoryprovisions relating towater resources as well as the performance of certain duties in an advisory and consultant capacity to the Commlssion.

Section 3 of House Bill 12 provides that:

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. . .Exceptas the Commissionmay otherwise direct, the Chairman shall be the chief administrativeofficer of the Commissionwith authority to employ, assign and reassignduties, adjust salaries of, and discharge from employment, all employees of the Commissionwithin the limits of appropriationbills enacted by the Legislaturt and to direct the general administration of the office of the Commission.

. . ." Section 5 of House Bill 12 provides that: "The Commissionmay, by means of administrative orderswhich shallbe recorded in its minutes, delegate to the Chief Engineer the authority to employ, assign, reassign,promote, demote and adjust salaries of and discharge from employment, all employees and personnel authorized by the appropriationbills enacted by the Legislature tobe employed for the performance of the duties of the Commissionwhich are herein made the responsibilityof the Chief Engineer under the direction of the Commission, including the authority to approvepayrolls for personnel under his supervision,purchase requisitions for necessary supplies,equipment and services, and vouchers In payment therefor;provided, however, that all such actions relating to personnel shallbe made in conformitywith the Position ClassificationAct of 1961, as amended, and in conformitywith the limitations set forth in appropriationbills enacted by the Legislature."Mr. Joe D. Carter, Page 3 (WW-1327)

You state In your letter that the Commission has by means of administrativeorder delegated to the Chief Engineer those duties and functionsprovided for in Section 5. This actionby the Commission,when considered in conjunctionwith the above quoted portion of Section 3, aorstitutes an effective desigration of the Chief Engineer as ChiefAdministrative Officer of the Commission in addition to his other duties as prescribed by Section 4.

In our opinion the phrase “Executiveheads of State agencies”means those officials of a state agencywho are chargedwith the administration, implementationand execution of the lawspertaining to such agency and, under the facts here presented, the dutieswhich the Chief Engineer is now chargedwith performing qualify him as an executive head of the Texas Water Commissizn and as such entitle him to be reimbursed for his

. . .actual meals, lodging and incidentalexpenseswhen traveliag on officialbusiness either in or out of the State. Therefor your question is hereby answered in the affirmative.

SUMMARY

The duties which the Chief Engineer of the Texas Water Commission is now charged -wi,th performingquaiify him as an executive head of the Texas Water Commission and entitles him to receive his actual travel expense while on state business. Very trulyyours WILL WILSON Attorney General of Texas 

## By: W. 0. Shultz Assistant WOS:kkcMr. Joe D. Carter, page 4 (WW-1327)

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Jerry Roberts Arthur Sandlin Norman Suarez
REVIEWED FOR THE ATTORNEY GENERAL BY: HoughtonBrownlee, Jr.