EA ORNEY GENERAL 

OF EXAS 

May 3, 1962 

Mr. Joe D. Carter, Chairman Opinion No. 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. 

In your recent letter you have requested that this 

office render its opinion upon the following question: 

tt . . .whether or not the Chief Engineer 

of the Texas Water Ccmmission is entitled to 

his actual expenses when 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 current General Appropriation Act provides as 

follows: 

"Executive heads of State agencies, 

including the Executive Director of the 

Legislative Council, shall be reimbursed 

for their actual meals, lodging and incidental 

expenses when traveling on official business 

either in or out of the State." 

There is currectly appropriated to the Texas Water 

Commission the sum of $52,000 for the year ending August 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 of which the Chief Engineer may be reimbursed his actual 

travel expenses while on state business if the Chief Engineer 

may be considered to be Included within the scope of the term 

"Executive heads of State agencies . . .' as used in the General 

Appropriation Act. 
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 Commission and the Chief 

Engineer. 

The duties which 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 implementation of existing statutory provisions relating to water 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: 

II 

. . .Except as the Commission may otherwise direct, the Chairman shall be the chief 

administrative officer of the Commission with 

authority to employ, assign and reassign duties, 

adjust salaries of, and discharge from employment, 

all employees of the Commission within the limits 

of appropriation bills 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 Commission may, by means of administrative orders which shall be 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 appropriation bills enacted by the 

Legislature to be employed for the performance of 

the duties of the Commission which are herein 

made the responsibility of the Chief Engineer 

under the direction of the Commission, including 

the authority to approve payrolls 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 shall be made in conformity with the 

Position Classification Act of 1961, as amended, 

and in conformity with the limitations set forth 

in appropriation bills enacted by the Legislature." 
Mr. Joe D. Carter, Page 3 (WW-1327) 

You state In your letter that the Commission 

has by means of administrative order delegated to the 

Chief Engineer those duties and functions provided for 

in Section 5. This action by the Commission, when considered in conjunction with the above quoted portion of 

Section 3, aorstitutes an effective desigration of the 

Chief Engineer as Chief Administrative Officer of the 

Commission in addition to his other duties as prescribed 

by Section 4. 

In our opinion the phrase “Executive heads of 

State agencies” means those officials of a state agency who 

are charged with the administration, implementation and 

execution of the laws pertaining to such agency and, under 

the facts here presented, the duties which the Chief 

Engineer is now charged with 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 incidental expenses when traveliag 

on official business 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 performing quaiify him as an executive 

head of the Texas Water Commission and 

entitles him to receive his actual travel 

expense while on state business. 

Very truly yours 

WILL WILSON 

Attorney General of Texas 

By: W. 0. Shultz 

Assistant 

WOS:kkc 
Mr. 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: Houghton Brownlee, Jr.