July20,1971

Honorable~James H. Havey Opinion No. M-909 Director, InternationalTrade 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 advisedus.fhat the InternationalTrade Division of the Texas IndustrialCommission -1splanning 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 legallypay for services of an employee who Is working in and consequentlyresiding in Mexico.

The Texas Industrial Commission was establishedby the provisions of Article 5183, Vernon's Civil Statutes. Certain duties of the Commissionare prescribed by the subsections of Section 4, Article 6144(e), Vernon's Civil Statutes. Those provisionsmost pertinent to our discussion are quoted as follows:

'y(a),Investigate,study and'undertake ways,, and means of pr?otlng and encouragingthe pros- .perousdevelopmeni,and'protectionof the legitimate interestand welfare of Texas business, industry, agriculture, and commerce within and outside the state.
v(b) Plan and develop an effective business lnformatlon serviceboth for the assistance of business and Industryof thenstate and for the encouragementof business and industry outside the state to use economical facilities within the state. ,I

. . ";,, Encourage and develop commercewith other states and foreign countries."

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Line Item 14 of the current legislativeappropriation for the IndustrialCommission, which is found in Section 1 of Article III of SenateBill No. 11, Regular Session, as amended by Senate Bill No. 7, First Called Session,Acts 62nd Legislature, 1971 (GeneralAppropriationAct for the biennium ending August 31, 1973) provides as follows:

'Toprovide 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 trademissions, overseas offices, reverse investment missions, including salaries of exempt and classified posltlons, professional fees and services,part-time and seasonalhelp, travel consumable suppliesand materials, current and recurring operating expenses, capital outlay, planning grants and,all other activities for'whichno other provisions are made. 150,000 150,000"
Article III, Section 44 of the Constitution of Texas prohibits appropriationsby the Legislatureunless 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 OpinionNo. M-729 (1970).

In a similar fact situation,Attorney General's Opinion M-729 held that the Commissioner of Agriculturehas the authority to enter into a contract to pay a monthly consultation fee for the rendering of variousmarketing 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

'3Article 61451

(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 employeeswho are working and residing In Mexico.

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Hon. James H. Havey, 

### page3 (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 InMexico City, Mexico, D.F. and to pay the salariesof employees who are working residing In Mexico.

Attorey b Prepared by Ivan R. Williams, Jr. AssistantAttorney 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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