HonorableBurt L. Rlsley

Executive Director State Commission for the Blind 317 Sam Houston Building Austin, Texas 78701 Dear Mr. Risley: OpinionNo. M-1020
Re: Constructionof Section 15 of ArticleV of the current General AppropriationsAct.

Your request for an opinionasks the following question:
"Are Individualswho fall within the various classes specifiedunder the heading 'EXCEPTIONSTO 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 transportationutilized in the performance of officialbusiness in and out of the state, If such commercial transportation consists of air transportationat first class fare when air transportationat tourist class was available?" Subdivision (b) of Section 12 of ArticleV of the current GeneralAppropriationsAct provides:

f,

. . .The rate of reimbursement for any employee for whomf ’unds are appropriated in this Act, for air transportation shallbe 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 OpinionsM-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)

authorizedby law and executiveheads of State agencies, including the Executive Director of the Legislative Council, shall be reimbursed for their actualmeals, lodging and incidentalexpenses (exclusive of expenses related to automobiles for which transportation allowance is paid as rovided by Section 14a of this Article P when traveling on officialbusiness either In or out of the State."
It is noted that Section 15 constitutesexceptionsto per diem and travel allowances lncludlng cost of all commercial transportation. The only transportationallowance that is not Included in the exceptions is transportationallowance 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 ArticleV.

You are therefore advised that individuals falling within the exceptionsprovided in Section 15 of ArticleV of the current General AppropriationsAct are entitled to their actual cost of commercial transportationutilized in the performance of officialbusiness regardless of whether or not such commercial transportation consists first class fare. of air transportationat

SUMMARY The provisions requiring air transportation to be tourist class do not apply to those individuals entitled to actual expensesunder Subdivision (a) of Section 15 of ArticleV 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 Preparedby John Reeves AssistantAttorney General

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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

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