Honorable Burt L. Rlsley 

Executive Director 

State Commission for the Blind 

317 Sam Houston Building 

Austin, Texas 78701 

Dear Mr. Risley: 

Opinion No. M-1020 

Re: Construction of Section 15 

of Article V of the current 

General AppropriationsAct. 

Your request for an opinion asks the following question: 

"Are Individuals who fall within the 

various classes specified under the heading 

'EXCEPTIONS TO THE PER DIEM AND TRAVEL ALLOWANCES,' contained in Section 15 of S.B. 

11, Acts of the 62nd Legislature, Regular 

Session, 1971, as amended by S.B. 7, Acts 

of the 62nd Legislature, 1st Called Session, 

1971, entitled to their actual cost of commerclal transportation utilized in the performance of official business in and out of 

the state, If such commercial transportation 

consists of air transportation at first class 

fare when air transportation at tourist class 

was available?" 

Subdivision (b) of Section 12 of Article V of the current 

General Appropriations Act provides: 

f, 

. . . The rate of reimbursement for any 

employee for whom f’unds are appropriated in 

this Act, for air transportation shall be tourist 

class unless tourist class Is not available. This 

allowance shall not include federal taxes from 

which the employee andllthe State Government are 

legally exempt. . . . 

See Attorney General's Opinions M-939 (1971) and H-939-A (1971). 

Subdivision (a) of Section 15 of Article V provides: 

"Sec. 15. EXCEPTIONS TO THE PER DIEM 

AND TRAVEL ALLOWANCES. a. Judicial officers 

-4972- 
- . 

Hon. Burt L. Risley, page 2 (M-1020) 

authorized by law and executive heads of 

State agencies, including the Executive 

Director of the Legislative Council, shall 

be reimbursed for their actual meals, 

lodging and incidental expenses (exclusive 

of expenses related to automobiles for which 

transportation allowance is paid as rovided by Section 14a of this Article P when 

traveling on official business either In or 

out of the State." 

It is noted that Section 15 constitutes exceptions to 

per diem and travel allowances lncludlng cost of all commercial 

transportation. The only transportation allowance that is not 

Included in the exceptions is transportation allowance related 

to automobiles. Therefore, the provisions of Subdivision (b) 

of Section 12 above quoted do not apply to those individuals 

covered by Section 15 of Article V. 

You are therefore advised that individuals falling 

within the exceptions provided in Section 15 of Article V of 

the current General Appropriations Act are entitled to their 

actual cost of commercial transportation utilized in the performance of official business regardless of whether or not such 

commercial transportation consists 

first class fare. 

of air transportation at 

SUMMARY 

The provisions requiring air transportation 

to be tourist class do not apply to those individuals entitled to actual expenses under Subdivision (a) of Section 15 of Article V of Senate 

Bill 11, Acts 62nd Legislature, Regular Session, 

1971, as amended by Senate Bill 7, Acts 62nd 

Legislature, First Called 

.s 

ession, 1971. 

Ve&jtruly yours, 

CRAWFCRD C. MARTIN 

Attorney General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

-4973- 
. . 

Hon. Burt L. Rlsley, page 3 (M-1020) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Melvin E. Corley 

Ben Harrison 

Scott Garrison 

Wayne Rodgers 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHTTE 

First Assistant 

-4974-