June 5. 1974 The Honorable Robert S. Calvert Comptroller ofPublic Accounts State Finance Building Austin, Texas Opinion No. H- 233 Re: Expenses ofmembers of the Texas Youth Council in city ofhis residence. Dear Mr. Calvert:

On February 20. 1974, we issued our Opinion H-233. That opinion is now withdrawn, is no longer ofany effect, and the following substituted in its place.

The specific question you asked inyour request for our opinion was whether a state official “as defined in Section 2ofArticle 6823a, V. T.C.S.” would be entitled to expenses for meals incurred within the city in which he resides. The account inquestion was submitted bya member ofthe 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 ofstate agencies, and state employees. - You also cited tous various sections of the General Appropriations Act having to dowith travel and the reimbursement of travel expenses.

As ,weread 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 toyour question. We are aware that ithas been held inAttorney General Opinion M-873 (1971)that the Act does appl~yto travel bya state employee within the city ofhis designated headquarters.

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

Article 6823a. Sec. 8recognizes the allowance for travel within the designated headquarters but, in Sec. 9, expressly prohibits collection ofa per diem for the period of time an employee is within his official designated headquarters.

Section I1ofArticle V, the General Provisions oftheAppropriations Act (Acts 1973, 63rd Leg., ch. 659, p. 1786 atp. 2203) requires that, to be entitled to travel expenses, an official must travel.

Itis our opinion thatthe answer toyour question, rather, is governed by Sec. 4 (c) ofArticle 5143d, V. T. C.S. which provides: All members of the Texas Youth Council and the Executive Directors appointed bythem shall receive as expenses the actual expenses incurred while on state business for the Texas Youth Council. InAttorney General Opinion 

### H-58 (1973) wewere concerned with the question ofwhether 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. Inanswering thatquestion we said: Itappears that the only limitation imposed upon a Commissioner as tohis expenses for which he is entitled to reimbursement is that they be ‘actual and necessary’ and that they be ‘incurred while in the performance ofhis official duties. ’ Surely the official duties ofa Commissioner must include more than merely attending meetings ofthe entire Commission and it is our opinion that each Commissioner ofa department headed by a Commission has considerable discretion in determining what his activities are to beandwhat expenses he incurs. His discretion, however, is not unlimi.ted.

p. 1086. -

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

Whether or not the services 

### are ‘in the performance ofhis official duties’ is a determination to be made primarily by the Commissioner himself and certified toin his travel voucher; secondly by the Commission Chairman in approving or disapproving thevoucher for payment; andthirdly, bythe Comptroller ofPublic Accounts. And see also Attorney General Opinion H-133 (1973). Itis our opinion therefore that a member of the Texes Youth Council may be reimbursed for actual expenses incurred byhim inthe city inwhich 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 ofthe Texas Youth Council in entitled tobe reimbursed for reasonable expenses incurred byhim in attending meetings within the city limits ofthe 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. 1087The Honorable Robert S. Calvert page 4 (H-233)

DAVID M. KENDALL, Chairman Opinion Committee

p. 1088