July 20, 1971 

Honorable~ James H. Havey Opinion No. M-909 

Director, International Trade 

Texas Industrial Commission Re: Whether the International 

Box 12728, Capitol Station Trade Division of the 

Austin, Texas 78711 Texas Industrial Commission 

may maintain an employee in 

the country of Mexico, and 

Dear Mr. Havey: a related question. 

In your recent letter requesting an opinion from this 

office, you advised us.fhat the International Trade Division of 

the Texas Industrial Commission -1s planning on opening an extension 

office in Mexico City, Mexico, D.F. and that funding for this office 

has been approved and IS contained in Senate Bill No. 11, Regular 

Session as amended by Senate Bill No. 7, First Called Session of the 

Sixty-Second Legislature. In this regar:d you ask whether the State 

of Texas can legally pay for services of an employee who Is working 

in and consequently residing in Mexico. 

The Texas Industrial Commission was established by the 

provisions of Article 5183, Vernon's Civil Statutes. Certain duties 

of the Commission are prescribed by the subsections of Section 4, 

Article 6144(e), Vernon's Civil Statutes. Those provisions most 

pertinent to our discussion are quoted as follows: 

'y(a) ,Investigate, study and'undertake ways,, 

and means of pr?otlng and encouragingthe pros- 

.perous developmeni ,and 'protection of the legitimate 

interest and welfare of Texas business, industry, 

agriculture, and commerce within and outside the 

state. 

v(b) Plan and develop an effective business 

lnformatlon service both for the assistance of 

business and Industry of then state and for the 

encouragement of business and industry outside 

the state to use economical facilities within 

the state. 

,I 

. . 

";,, E ncourage and develop commerce with 

other states and foreign countries." 

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Hon. James H. Havey, page 2 (M-909) 

Line Item 14 of the current legislative appropriation 

for the Industrial Commission, which is found in Section 1 of 

Article III of Senate Bill No. 11, Regular Session, as amended 

by Senate Bill No. 7, First Called Session, Acts 62nd Legislature, 

1971 (General Appropriation Act for the biennium ending August 

31, 1973) provides as follows: 

'To provide from the 

For the years ending 

August 31, 1972 Au$ust 31, 1973 

General Revenue Fund for lnternatlonal trade projects including but not limited to 

foreign trade missions, overseas 

offices, reverse investment 

missions, including salaries 

of exempt and classified 

posltlons, professional fees 

and services, part-time and 

seasonal help, travel consumable supplies and materials, 

current and recurring operating expenses, capital outlay, 

planning grants and,all other 

activities for'which no other 

provisions are made. 150,000 150,000" 

Article III, Section 44 of the Constitution of Texas prohibits appropriations by the Legislature unless there is In force a 

pre-existing law to support such appropriations. Austin National 

Bank v. Sheppard, 123 Tex. 272, 71 S.W.2d 242 (19347; Attorney 

General's Opinion No. M-729 (1970). 

In a similar fact situation, Attorney General's Opinion 

M-729 held that the Commissioner of Agriculture has the authority 

to enter into a contract to pay a monthly consultation fee for the 

rendering of various marketing surveys and studies to an individual 

temporarily residing In Europe. 

In view of the foregoing authorities and the circumstances 

presented , 

Section 4 

it is our o lnion that Subsections (a), (b), and (e) of 

'3 Article 614 51 (e), Vernon's Civil Statutes, grants to the 

Industrial Commission authority to open an extension office in 

Mexico City, Mexico, D.F. and to pay the salaries of employees who 

are working and residing In Mexico. 

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. - 

Hon. James H. Havey, page 3 (M-909) 

SUMMARY 

C. MARTIN 

General of Texas 

Subsections (a), (b) and (e) of Section 4 

of Article 6144(e), Vernon's Civil Statutes, 

grants to the Industrial Commission authority 

to open an extension office In Mexico City, 

Mexico, D.F. and to pay the salaries of employees who are working residing In Mexico. 

Attorey 

b 

Prepared by Ivan R. Williams, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W, E. Allen, Co-Chairman 

William J. Craig 

Camm Lary 

Tom Sedberry 

Ray McGregor 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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