June 5. 1974 

The Honorable Robert S. Calvert 

Comptroller of Public Accounts 

State Finance Building 

Austin, Texas 

Opinion No. H- 233 

Re: Expenses of members of 

the Texas Youth Council in 

city of his residence. 

Dear Mr. Calvert: 

On February 20. 1974, we issued our Opinion H-233. That opinion 

is now withdrawn, is no longer of any effect, and the following substituted 

in its place. 

The specific question you asked in your request for our opinion was 

whether a state official “as defined in Section 2 of Article 6823a, V. T. C. S. ” 

would be entitled to expenses for meals incurred within the city in which 

he resides. The account in question was submitted by a member of the 

Texas Youth Council. 

Article 6823a, V. T. C.S. is the Travel Regulations Act of 1959 

governing the payment of travel expenses of state officers, heads of state 

agencies, and state employees. - You also cited to us various sections of 

the General Appropriations Act having to do with travel and the reimbursement of travel expenses. 

As ,we read the question you have asked, it does not involve actual 

travel by the official. We are of the opinion that neither the Travel Regulations Act of 1959 (Article 6823c, V. T. C. S.), nor the Appropriations Act in 

its general travel provisions governs the answer to your question. We are 

aware that it has been held in Attorney General Opinion M-873 (1971) that 

the Act does appl~y to travel by a state employee within the city of his 

designated headquarters. 

p. 1085 
The Honorable Robert S. Calvert page 2 (H-233) 

Article 6823a. Sec. 8 recognizes the allowance for travel within 

the designated headquarters but, in Sec. 9, expressly prohibits collection 

of a per diem for the period of time an employee is within his official 

designated headquarters. 

Section I1 of Article V, the General Provisions of the Appropriations 

Act (Acts 1973, 63rd Leg., ch. 659, p. 1786 at p. 2203) requires that, to 

be entitled to travel expenses, an official must travel. 

It is our opinion that the answer to your question, rather, is 

governed by Sec. 4 (c) of Article 5143d, V. T. C.S. which provides: 

All members of the Texas Youth Council and the 

Executive Directors appointed by them shall receive 

as expenses the actual expenses incurred while on 

state business for the Texas Youth Council. 

In Attorney General Opinion H-58 (1973) we were concerned with the 

question of whether a member of the Texao Animal Health Commission was 

entitled to recover per diem and expenses for various trips he had made 

other than to official meetings and without direction from the Commission 

to perform any of the travel or the services for which reimbursement was 

claimed. In answering that question we said: 

It appears that the only limitation imposed upon a 

Commissioner as to his expenses for which he is entitled 

to reimbursement is that they be ‘actual and necessary’ 

and that they be ‘incurred while in the performance of his 

official duties. ’ Surely the official duties of a Commissioner 

must include more than merely attending meetings of the 

entire Commission and it is our opinion that each 

Commissioner of a department headed by a Commission 

has considerable discretion in determining what his activities 

are to be and what expenses he incurs. His discretion, 

however, is not unlimi.ted. 

p. 1086 
. - 

’ 1 

The Honorable Robert S. Calvert page 3 (H-233) 

Whether or not the services are ‘in the 

performance of his official duties’ is a determination to be made primarily by the Commissioner 

himself and certified to in his travel voucher; 

secondly by the Commission Chairman in approving 

or disapproving the voucher for payment; and thirdly, 

by the Comptroller of Public Accounts. And see 

also Attorney General Opinion H-133 (1973). 

It is our opinion therefore that a member of the Texes Youth Council 

may be reimbursed for actual expenses incurred by him in the city in which 

he resides provided that the expenses are reasonable and are incurred while 

on State business for the Texas Youth Council, and provided, or course, 

funds are appropriated to the Texas Youth Council for that purpose. 

SUMMARY 

A member of the Texas Youth Council in entitled 

to be reimbursed for reasonable expenses incurred 

by him in attending meetings within the city limits 

of the city in which he resides provided they are 

actual expenses incurred while on State business 

for the Texas Youth Council. 

Very truly yours, 

JOHN L. HILL 

Attorney General of Texas 

p. 1087 
The Honorable Robert S. Calvert page 4 (H-233) 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1088