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 em loyee 

leaves Austin St 1 ~30 S.m., 

travels to D8llar, seaures 

lod&g 8nd returns to 

lkt3I’ HZ’. C81VePtr 

A$~l&tt&fo11ow%n& day 

: . . 

You have requerrted an opinion fTom thla office upon 

the question ofr 

D .what per diem, in pour opinion, a 

State &&oyee would be entitled to for each 

d8y of 8 trip mkde on 8 quarterly b8siB under 

the followlnfg oondltlonnr 

“An employee leaves Austin at 8:30 s.m., 

travels to Dallas, secures lodging, and teturns 

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 dlem rate of not to exceed twelve dollars 

($12) provided there Is attached to his expense 

account when submitted 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 diem rate shall not exceed seven 

dollars ( P 7)." 

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

Section 15(b) of Article V of House Bill 12 provides 

that: ‘^ / 

“Day defined. In aomputing the rates of 

per diem allowance in lieu of subsistence Sor 

contfnuous travel OS more 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. A fraction of a per diem period 

is defined to be two (2) hours or more. The Sour 

(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:OO a.m. (3) 

12ro; p.m. to 6roo p.m. (4) 6:01 p.m. to 12:oo 

p.m. 

Under the faots submitted to us in your opinion request, a State employee leaving Austin, TeuLs, at 8r3O a.m. for 

Dallas, Texas, and returning 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 Houae Bill 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 day upon which 

he returned to Austin from Dallas. 

Pursuant to the provisions of Section 15(a) of Article 

V of House Bill 12, we are of the opinion that IS such employee 

attached to his expense account, when subtsltted, a ‘paid” bill 

or receipt from a commercial hotel, motel or other commercial 

lodging establishment for his lodgings on the night he was required to spend away from Austin, Texas, such emplo ee would be 

entitled to receive the sum of Three Dollars ($3.00 7 for esch 

of the three (3) quarters he ~88 away from his designated headquarters on the calendar day of his departure from Austin and 

the sum of Three Dollars ($3.00) Sor each OS the three (3) quarters he was away from his designated headquarters on the calendar 

day of his return to Austin. 

attach to his expense account, 

However, If such employee Sails to 

when submitted, a ‘paid” bill or 

receipt from a commercial hotel, motel or other commercial lodging establishment for his lodging8 on the night he was required 

to spend sway from Austin, Texas9 such employee w?uklonly be 

entitled to receive the sum of One Dollar and Seventy-five Cents 

($1.75) for each of the three (3) quarters he was away from his 

designated headquarters on the calendar day of hia departure from 

-229-l- 
. 

Xon. Robert 

Austin, and 

for each OS 

8. Cslvert, page 3 (C-486) 

the sum of One Dollar and Seventy-five Cents ($1.75) 

the three (3) _ 

quqtero he ~8s sway from hle designated _ he8dquarters on the calendar day or his return to Austin. 

In oonneotlon with the foregoing, we ere 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 t $3.00) per QWrter for each quarter he Is sway 

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 eatabliehment where he ObtSinOd lodging for each of the nights he u8a required to be sway from his designated headquarters. 

SUMMARY 

A State employee rewired to trsvel frcm hio 

designated headquarters and remain overnight would 

be entitled to a per diem reimbursement, pursuant 

to Section 15(a) and Section 15(b) of Article V OS 

House Bill 12, A&s 59th Legislature, 1965, the 

Oener8l A proprlation Bill, at the rate of Three 

Dollsrs ( 'i 3.00) per Quarter for each quarter he 

is awry from 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 establishment where 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 FOR THE ATTORNEY OENEfML 

BY: T. B. Wrigght 

. . 

-2299,