_ . 

. . 

THIC ATIWDRNEY GENERAL 

OF 7JFExAs 

Ausn~. T-s 78712 

AlTORNlCY CIWERAL 

August 2, 1968 

Honorable J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

Austin, Texas 78711 

Opinion NO.M-263 

Re: Whether the Central Education Agency may assign 

Dear Dr. Edgar: 

a staff member, under the 

proposed agreement with 

the United States Office 

of Education, and continue 

to pay his State salary 

and benefits under a 

partial.ly reimbursable 

agreement during the period 

of assignment to duties in 

Washington, D.C., and related question. 

You have requested the opinion of this office upon 

certain questions, the first of which is as follows: 

"1. May Central Education Agency assign a 

staff member, under the agreement proposal by 

the U. S. Office of Education, and continue to 

pay him State salary and benefits (partially 

reimbursable) during the time of such assignment to duties at Washington, D. C.?" 

In connection with the foregoing question you have 

stated that pursuant to a proposed agreement between the Central 

Education Agency and the United States Office of Education a 

staff member of the Central Education Agency would be assigned 

to the Washington, D. C. office of the United States Office of 

Education as an Education Fellow. This staff member would spend 

a period of ten months as an assistant on the staff of the 

United States Commissioner of Education and following such assignment would return to the Central Education Agency. You have 

stated that the purpose of the Fellowship program is to provide 

your employee with the opportunity to gain an understanding of 

the Federal-State-local educational relationships and become 

knowledgeable about the role of the United States Office of 

Education therein. 

Tha annual current State salary of the staff member 

-1272- 
. 

Hon. J. W. Edgar, page 2 (M-263) 

being considered for assignment is $9,840.00. Under the proposed agreement between the United States Office of Education 

and the Central Education Agency, the staff member would be 

retained on the payroll of the Central Education Agency during 

the period of his assignment. However, under the proposed 

arrangement, the United States Office of Education would reimburse the Central Education Agency at the annual rate of 

$9,657.00. The question has arisen as to whether this staff 

member may be paid by State warrant for the period of time 

covered by the proposed agreement because such staff member 

would not be performing the duties for which he was employed 

by the State. 

A review of the proposed agreement between the Central 

Education Agency and the United States Office of Education reveals that such agreement actually is a grant from the United 

States Office of Education to the Central Education Agency 

to enable a staff member of the Central Education Agency to 

obtain certain training and experience beneficial to the Central 

Education Agency in its cooperative activities with the United 

States Office of Education as the State is being reimbursed the 

salary of the employee during the training period. 

Section 5 of Article 2654-3b, Vernon's Civil Statutes, 

provides that: 

"The State Board of Education shall be responsible for maintaining State programs and 

activities designed to bring about improvement 

in the public schools. In discharging this responsibility, the Board is, authorized to enter 

into contracts for grants from both public and 

private organizations and to expend such funds 

for the specific purposes and in accordance with 

the terms of the contract with the contracting 

agency. " (Emphasis added.) 

Senate Bill 15, Acts of the 60th Legislature, Regular 

Session, 1967, the General Appropriations Bill, provides in the 

departmental appropriation to the Central Education Agency that: 

"The proper officer or officers of the 

Central Education Agency are hereby authorized 

to make application for and accept any other 

gifts, grants or allotments from the United 

States Government or other sources to be used 

on cooperative and other projects and programs 

in Texas. Any such Federal and other funds 

- 1273 - 
, . 

Hon. J. W. Edgar, page 3 (M-263) 

as may be deposited in the State Treasury are 

hereby appropriated to the specific purposes 

authorized by the Federal Government and 

other contracting organizations, and the 

State Board of Education is author- expend these funds in accordance with the terms 

of the contract with the contracting agency._, 

. . . (Emphasis added.) 

The answer to the question which you have initially 

posed is governed by the application of Section 51 of Article III 

of the Texas Constitution, which is set forth, in part, as follows: 

"The Legislature shall have no power to 

make any grant or authorize the making of any 

grant of public moneys to any individual, association of individuals, municipal or other 

corporations whatsoever; . . ." 

While it is apparent that the foregoing constitutional 

provision prohibits the Legislature from granting or appropriating 

public moneys to any individual, association of individuals, municipal or other corporations, the Texas courts have interpreted 

Section 51 of Article III of the Constitution of Texas as not preventing the Legislature from appropriating State funds to an individual, association of individuals, municipal or other corporations if the use and purpose of the appropriation is for the 

furtherance of the governmental duties of the State. If the appropriation is for a use not related to State governmental duties 

and functions, such appropriation is a gratuity and invalid. 

Bexar County v. Linden, 110 Tex. 339, 220 S.W. 760 (1920); Road 

District No. 4, Shelby Co. v. Allred, 68 S.W.2d 164 (Comm.App. 

1934) opinion adopted by the Supreme Court; City of Aransas 

Pass 4. Keeling, 112 Tex. 339, 247 S.W. 818 (1923); Jones v. 

Alexander, 59 S.W.Zd 1083 (Connn.App. 1933), opinion adopted by 

the Supreme Court; Texas Pharmaceutical Association v. Dooley, 

90 S.W.Zd 328 (Tex.Civ.App. 1936); Jefferson Co. v. Board of 

Co. and Dist. Road Indebtedness, 182 S.W.2d 908 (1944) . 

The authorization for the expenditure of appropriated 

funds for State employees to attend schools, clinics, conferences 

and other activities for training purposes is directly and substantially related to the performance of the State's governmental 

functions and duties. The limitation imposed by the provisions 

of Section 51 of Article III of the Constitution of Texas, is 

that no State employees or officials may attend schools, clinics, 

conferences or other like activities, at State expense, when 

such activities bear no substantial and direct relation to the 

governmental duties and functions of the State. 

-1274- 
. . 

Hon. J. W. Edgar, page 4 (M-263) 

In reviewing past Attorney General's Opinions on the 

question of training of governmental personnel, it is noted that 

the following rules have been consistently applied to determine 

whether the training was such that the State could pay for it. 

The question asked is whether the training described will be 

directly and substantially used to facilitate the governmental 

duties and functions of the State agency requesting such training. Also, whether the facts establish that there is a reasonable, substantial and direct relationship between the purpose 

of the training and the accomplishment of the governmental 

functions entrusted to the employee. 

WW-83 (1957) - 

Attorney General's Opinion 

Insurance Commission employee training at IBM 

school, 

(1957) - 

two weeks course; Attorney General's Opinion WW-223 

Department of Public Safety employee pilot training 

in Flight Proficiency Training Program; Attorney General's 

Opinion R-2128 (1950) - Department of Public Safety employee 

training in Police Administration at Northwestern University, 

four and one-half months,course; 

WW-433 (1958). 

Attorney General's Opinion 

In applying the above rules to the fact situation that 

you have presented, it is our'opinion that the training provided your staff member, under the proposed agreement with the 

United States Office of Education, will be directly and substantially used to facilitate the administration of the governmental duties of the Central Education Agency. As the Central 

Education Agency must of necessity work closely with the United 

States Office of Education, it would appear to be most advantageous to have employees of your agency familiar with the operations of this Federal agency , as well as the programs which 

are administered by them which would be beneficial to the Central 

Education Agency. Cooperating and dealing with the United 

States Office of Education in programs and activities designed 

to bring about improvement in, the public schools of this State 

is an authorized governmental function and duty of the Central 

Education Agency. The training in question bears a reasonable, 

substantial and direct relationship to such governmental duties 

and functions. 

Consequently, we are of the opinion that the Central 

Education Agency has the authority to enter into an' agreement, 

such as the proposed agreement, 

of Education, 

with the United States office 

and that the employee of the Central Education 

Agency assigned to the United States Office of Education at 

Washington, D. C.,for training, may continue to be paid his 

salary as a State employee. 

The next question which you have posed is as follows: 

-1275- 
. . 

Hon. J. W. Edgar, page 5 (M-263) 

"2 . Does Central Education Agency have 

the authority to pay registration, tuition fees, 

travel, per diem and other necessary expenses 

(reimbursable from Title V funds) to staffsalaried employees who are selected, authorized 

and directed by the Commissioner of Education to 

attend certain institutes, seminars, workshops 

or other like training programs (sponsored by 

recognized training facilities or institutions 

of higher learning) and designed to improve 

their professional and/or technical knowledge 

toward the performance of their State job?" 

In connection with the foregoing question you have 

stated that: 

"A second separate problem concerns one of 

the plans involving the Central Education Agency 

under Title V, Section 503, P.L. 89-10, the Elementary and Secondary Education Act of 1965. This 

State plan and application for Federal funds was 

developed pursuant to that Act to provide for payment of registration, tuition, fees, travel, perdiem 

and other necessary expenses for selected staff 

members who have been authorized and/or directed 

by me as Commissioner of Education to attend institutes, seminars, workshops, or other training 

courses sponsored by institutions of higher learning or other recognized training institutions to 

improve their professional and technical knowledge, 

and thereby be the better prepared and informed 

to perform their Agency jobs. . . . 

"Staff members are selected to participate 

in training courses that are compatible with their 

field of specialization and all training programs 

must stand to serve the best interests of the 

Central Education Agency and contribute to the 

improvement of public education in the State of 

Texas. Most of the training courses involved are 

sponsored by institutions outside the State and 

are of varying duration. Some involve as little 

as two or three days; whereas others may be as 

much as three or four months in length." 

In connection with the foregoing question and facts, 

you are concerned with whether the salary and travel expenses 

of these employees selected to attend institutes, seminars, 

- 1276 - 
Hon. J. W. Edgar, page 6 (M-263) 

workshops or other training courses may be paid. In this 

connection, you have referred to Sections 7, 9, 13, 14, 18 and 

25 of Article V of Senate Bill 15, Acts of the 60th Legislature, Regular Session, 1967, as well as Article 5165a, 

Vernon's Civil Statutes, and Article 6813b, Vernon's Civil 

Statutes. 

The aforesaid provisions deal with such subjects as 

employee vacation and leaves , absences from the State, general 

travel provisions, transportation allowances, restrictions on 

registration fees, the appropriation of Federal funds received 

by State agencies to the agencies receiving the same for the 

purposes for which the Federal grant or aid was made, weekly 

working hours of State employees and salaries of State employees. 

A review of the plan and appliaation of the Central 

Education Agency to obtain Federal funds under Section 503 of 

Title V, P.L. 89-10, the Elementary and Secondary Education Act 

of 1965, reveals that such application for Federal funds has 

as its purpose the strengthening of State Departments of Education by staff development. Such result is to be accomplished 

by employees of the Central Education Agency attending institutes, 

seminars, workshops or other training courses to improve their 

professional and technical knowledge and thereby be better prepared and informed to perform their duties with the Central 

Education Agency. 

In view of the foregoing, we are of the opinion that 

the proposed activities of the Central Education Agency in having 

certain employees attend training courses is a valid exercise 

and function of the duties conferred upon the Central Education 

Agency by the Legislature, and upon the same basis and reasoning 

set forth in our answer to your initial question. 

In regard to the reimbursement of travel expenses and 

registration fees of your staff members attending institutes, 

seminars, workshops or other training courses in connection with 

the Federal plan you have submitted, we would like to call your 

attention to Attorney General's Opinion C-761 (1966) which held 

that: 

"In Attorney General's Opinion C-671 (19661, 

it was held that appraisers employed by the 

Veterans' Land Board may attend an appraisal 

school at Texas A&M University and have their 

registration fees paid by the State. In that 

opinion, it was stated Section 18 of Article V 

of the General Appropriation Act of the 59th 

Legislature, pertaining to expenditure of money 

-1277- 
Hon. J. W. Edgar, page 7 (W-263) 

that: 

for dues or registration in joining or attending 

any type of organization, has no application so 

long as the State employee aoes not join the 

organization. Likewise, it was held in Attorney 

General's Opinion C-692 (19661, registration 

fees necessary to attend courses of instruction 

deemed necessary to the furtherance of governmental duties, imposed upon a State agency, may 

be paid by such State agency. . . .'I 

In Attorney General's Opinion C-551 (1965), it was held 

"Federal 'trust' funds appropriated to the 

Health Department may be expended for transportation, meals and lodging for personnel attending 

schools, clinics or conferences when leave from 

regular duties exceed thirty (30) calendar days 

in accordance with the agreement under which 

the funds are received; however, State derived 

funds appropriated to such department for personnel 

training may not be expended for this purpose 

other than in accordance with . . . the General 

Appropriations Act (19651." 

The foregoing opinions clearly set forth that payment 

of registration fees required to enable State employees to attend 

training courses necessary to the furtherance of their governmental duties is authorized by the Texas Education Agency, and 

that Federal "trust" funds appropriated to the Central Education 

Agency may be expended for transportation expenses of employees 

in accordance with the agreement under which the funds have been 

received by the Central Education Agency from the Federal Government. 

SUMMARY 

The Central Education Agency may assign a 

staff member, under the proposed agreement between 

the Central Education Agency and the United States 

Office of Education, to duties at the United States 

Office of Education in Washington, D. C., for training purposes, and such employee may continue to receive and be paid his State salary. 

The Central Education Agency has the authority 

to pay registration, tuition fees, travel, per diem 

and other necessary expenses of staff members who 

are selected and directed by the Commissioner of 

-1278- 
Hon. J. W. Edgar, page 8 (M-263) 

Education to attend certain institutes, seminars, 

workshops and other like training programs designed to improve their professional and technical 

knowledge in the performance of 

/v 

ir State job. 

C. MARTIN 

ey General of Texas 

Prepared by Pat Bailey 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

Alan Minter 

Neil Williams 

Edward Esquivel 

Brock Jones, Jr. 

A. J. CARUBBI, JR. 

Executive Assistant 

- 1279 -