Honorable Robert S. Calvert Opinion No. C-486

Captroller of Publio **Aooounts** Awtin, Tex86 Rer C8lOUl8tfOn of per diem under Seotlon **15(S) 6f**  Artlole V, ?ia6e ‘Bill 12, Acts 59th Le&slsture, 1965, where an emloyee leaves Austin St **1**~30**S.m.,** travels to **D8llar, seaures**  lod&g 8ndreturns to **lkt3I ’**  **HZ ’** 

**. C81VePtr**  A$~l&tt&fo11ow%n& day
**:**
**. .**  Youhave requerrted an opinion fTomthlaofficeupon the question ofr

D .what per diem, in pour opinion, a State &&oyee would be entitled to for each d8y of **8** trip mkdeon **8** quarterly b8siB under the followlnfg oondltlonnr

“Anemployee leaves Austin **at** 8:30 **s.m.,** travels to Dallas, secures lodging, andteturns to Auetin on the following day at 5 p.m. Section **15(a)** of Article V of HOUse Bill 1% Act8 59th Legiklature, 1965, Regular **Ses810nr** the Qeneral **Appropriation** Bill, provides In part that:

“R&e of allowanoe. Each **employee** traveling on State business lneide the boundaries of the State of Texas shall be allowed, In lieu of **aotu8l** expenses incurred for meals and lodging, a Slat per dlemrate of not to exceed twelve dollars ($12) provided there Is attached to his expense account whensubmitted 8 “Paid” bill or receipt from a **commercial** hotel, motel, or other oommeraisl lodging eetsbliehment Sor his Mdglng, but provided further that If such receipt is not submitted, the flat er diemrate shall not exceed seven dollars (P

7)."

**-2296-**- -

Hon. Robert S. Calve&, page 2 (c-486)

Section 15(b) of Article V of HouseBill 12provides that: ‘^ /

“Daydefined. In aomputingthe rates of perdiem allowance in lieu of subsistence Sor contfnuous travel OSmore than twenty-four (24) hours, the calendar day (midnight to midnight) trill be the unit, **and** for fractional parts OS**8** day at the commencement or ending of such oontinuous travel constituting a travel period, onefourth (l/4$ of the rate for a calendar day will be allowed for each period of six (6) hours or fraction thereof. Afraction of a per diemperiod is defined to be two (2) hours or more. TheSour (4) parts of the calendar day for in or out of stste travel shall be **86** follows, (1) 12:Ol **8.lll.** to 6~00 8.m. (2) 6:01 a.m. to 12:OOa.m. (3) 12ro; p.m. to 6roo p.m. (4) 6:01 p.m. to 12:oo p.m. Underthe faots submitted to us in your opinion request, a State employee leaving Austin, TeuLs, at 8r3O a.m. for Dallas, Texas, andreturning to Austin, Texas, at 5:30 p.m.‘on the following day would be,entitled to be reimbursed, pursuant to Section 15(b) of Article V of HouaeBill 12, for three (3) quarters in the calendar day in which he depart,ed for Dallas and for three (3) quarters in the Sollowing calendar dayuponwhich he returned to Austin from Dallas.

Pursuant to the provisions of Section 15(a) of Article V of HouseBill 12, weare of the opinion that IS such employee attached to his expense account, whensubtsltted, a ‘paid” bill or receipt from a commercial hotel, motel or other commercial lodging establishment for his lodgings on the night he wasrequired to spend awayfrom Austin, Texas, such emplo ee would be entitled to receive the sumof Three Dollars ($3.007 for esch of the three (3) quarters he **~88** awayfrom his designated headquarters on the calendar day of his departure from Austin and the sumof Three Dollars ($3.00) Sor each OSthe three (3) quarters he was awayfrom his designated headquarters onthe calendar day of his return to Austin. attach to his expense account, However, If such employee Sails **to** whensubmitted, a ‘paid” bill or receipt from a commercial hotel, motel or other commercial lodging establishment for his lodging8 on the night he wasrequired to spend swayfrom Austin, Texas9 such employee w?uklonly be entitled to receive the sumof OneDollar and Seventy-five Cents ($1.75) for each of the three (3) quarters he was awayfrom his designated headquarters on the calendar day of hia departure from

**-229-l-**. Xon. Robert

Austin, and for each OS8. Cslvert, page 3 (C-486)

the sumof OneDollar and Seventy-five Cents ($1.75) the three (3)

_ quqtero he ~8s swayfrom hle designated

_ he8dquarters on the calendar day or his return to Austin.

In oonneotlon with the foregoing, weere of the opinion th8t In the event 8 State employee Is required to travel Srom his designated headqu8rters and remain elther overnight or for several night@,then in such event, such employee would be entitled to a per dlkn reimbursement, pursuant to Section 15(S) and Section 15 b) of Article V of House Bill 12, at the rate of Three Dollars $3.00) per QWrter for each quarter he Is sway

t from hls.deslgnated headquarters, provided that euch employee submIte with his expense **aoaount 8**  "paid" blll'or receipt from the oommerclal hotel, motel or other oommeralsl lodging eatabliehmentwhere he ObtSinOdlodging for each of the nights he u8a required to be swayfrom his designated headquarters.

**SUMMARY** AState employee rewired to trsvel frcm hio designated headquarters andremain overnight would be entitled to a per diemreimbursement, pursuant to Section 15(a) and Section 15(b) of Article V OS HouseBill 12, **A&s** 59th Legislature, 1965, the Oener8l **A** proprlation Bill, at the rate of Three **Dollsrs (**  **3.00)** per **Quarter** for each quarter he

'i is awryfrom his designated headquarters, provided that such employee submits with his expenee aaaount 8 "paid" bill or receipt Sron the oommercl8l hotel, motel or other commercial lodging establishmentwhere he obtained his lodgm. Very truly yours, WAWOXXR

CARR Attorney General

-2298~Hon. Robert 9. Calvert, **Page 4**  **(C-ti)**

MPROVED: OPINION

COMMrM'KE
W. 0. Shulte,Chairman Sam Kelley Charles 

### Swsnner JohnBanks Robert Flowers APPROVED

FORTHEATTORNEY

OENEfML BY: T. B. Wrigght

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