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## THIC ATIWDRNEY GENERAL OF 7JFExAs

Ausn~. T-s 78712

AlTORNlCY CIWERAL August 

### 2, 1968

Honorable J. W. Edgar Commissioner of Education Texas EducationAgency Austin, Texas 78711 Opinion

### NO.M-263

Re: Whether the Central Education Agency may assign

Dear Dr. Edgar: a staffmember, under the proposed agreementwith 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 EducationAgency assign a staffmember, under the agreementproposal 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 connectionwith the foregoingquestionyou have stated that pursuant to a proposed agreementbetween the Central EducationAgency and the United States Office of Education a staffmember of the Central EducationAgency would be assigned to the Washington, D. C. office of the United States Office of Education as an Education Fellow. This staffmember would spend
a period of ten months as an assistant on the staff of the United States Commissioner of Education and following such assignmentwould return to the Central EducationAgency. You have stated that the purpose of the Fellowshipprogram is to provide your employeewith the opportunity to gain an understandingof the Federal-State-localeducational relationships and become knowledgeable about the role of the United States Office of Education therein.

Tha annual current State salary of the staffmember



### -1272-.

Hon. J. W. Edgar, page 2 

## (M-263)

being considered for assignment is $9,840.00. Under the proposed agreementbetween the United States Office of Education and the Central EducationAgency, the staffmember would be retained on the payroll of the Central EducationAgency during the period of his assignment. However, under the proposed arrangement, the United States Office of Educationwould reimburse the Central EducationAgency at the annual rate of $9,657.00. The question has arisen as towhether this staff member may be paid by State warrant for the period of time covered by the proposed agreementbecause such staff member would not be performing the duties forwhich he was employed by the State.

A review of the proposed agreementbetween the Central EducationAgency 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 EducationAgency to enable a staffmember of the Central EducationAgency to obtain certain training and experience beneficial to the Central EducationAgency in its cooperative activitieswith the United States Office of Education as the State is being reimbursed the salary of the employee during the trainingperiod.

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 activitiesdesigned to bring about improvement in the public schools. In discharging this responsibility, the Board is, authorized to enter into contracts for grants fromboth public and private organizations and to expend such funds for the specificpurposes and in accordancewith the terms of the contractwith the contracting agency." (Emphasisadded.)

Senate Bill 15, Acts of the 60th Legislature,Regular Session, 1967, the General AppropriationsBill, provides in the departmental appropriation to the Central EducationAgency that:

"Theproper 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 specificpurposes authorizedby the Federal Government and other contracting organizations, and the State Board of Education is author- expend these funds in accordancewith the terms of the contractwith the contracting agency._,

. . . (Emphasisadded.)

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 shallhave 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 corporationswhatsoever;

. . ."
While it is apparent that the foregoingconstitutional provision prohibits the Legislature from granting or appropriating public moneys to any individual,associationof individuals,municipal or other corporations, the Texas courts have interpreted Section 51 of Article III of the Constitutionof Texas as not preventing the Legislature from appropriatingState funds to an individual, associationof individuals,municipal or other corporations if the use and purpose of the appropriation is for the furtheranceof the governmentalduties of the State. If the appropriation is for a use not related to State governmentalduties and functions, such appropriation is a gratuity and invalid. Bexar County v. Linden, 110 Tex. 339, 220 S.W. 760 (1920);Road DistrictNo. 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 PharmaceuticalAssociationv. 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 expenditureof appropriated funds for State employees to attend schools, clinics, conferences and other activities for trainingpurposes is directly and substantiallyrelated to the performance of the State's governmental functionsand duties. The limitation imposed by the provisions of Section 51 of Article III of the Constitution of Texas, is that no State employees or officialsmay attend schools, clinics, conferences or other like activities, at State expense,when such activitiesbear no substantial and direct relation to the governmentalduties and functions of the State.
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Hon. J. W. Edgar, page 4 (M-263)

In reviewingpast Attorney General's Opinions on the question of training of governmentalpersonnel, it is noted that the following rules have been consistently applied to determine whether the trainingwas such that the State could pay for it. The question asked is whether the trainingdescribedwill be directly and substantiallyused to facilitate the governmental duties and functions of the State agency requesting such training. Also, whether the facts establish that there is a reasonable, substantialand direct relationshipbetween the purpose of the training and the accomplishmentof the governmental functions entrusted to the employee. WW-83 (1957)- Attorney General's Opinion

InsuranceCommission employee training at IBM school, (1957)-two weeks course;Attorney General'sOpinion WW-223

Department of Public Safety employeepilot training in Flight ProficiencyTraining Program;Attorney General's Opinion R-2128 (1950)- Department of Public Safety employee training in Police Administration at NorthwesternUniversity, four and one-halfmonths,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 trainingprovided your staff member, under the proposed agreementwith the United States Office of Education,will be directly and substantiallyused to facilitate the administrationof the governmental duties of the Central EducationAgency. As the Central EducationAgency must of necessity work closelywith the United States Office of Education, it would appear to be most advantageous to have employees of your agency familiarwith the operations of this Federal agency, as well as the programswhich
are administeredby themwhich would be beneficial to the Central EducationAgency. Cooperating and dealingwith the United States Office of Education in programs and activitiesdesigned to bring about improvement in,the public schools of this State is an authorized governmental function and duty of the Central EducationAgency. The training in question bears a reasonable, substantial and direct relationship to such governmentalduties and functions.

Consequently,we are of the opinion that the Central EducationAgency 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 questionwhich you have posed is as follows:

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Hon. J. W. Edgar, page 5 

## (M-263)

"2

. Does Central EducationAgency have the authority to pay registration, tuition fees, travel,per diem and other necessary expenses (reimbursablefrom Title V funds) to staffsalaried employeeswho are selected,authorized and directed by the Commissioner of Education to attend certain institutes, seminars,workshops
or other like trainingprograms (sponsoredby recognized training facilities or institutions of higher learning)and designed to improve their professional and/or technicalknowledge toward the performance of their State job?"

In connectionwith the foregoingquestion you have stated that:

"A second separateproblem concerns one of the plans involving the Central EducationAgency under Title V, Section 503, P.L. 89-10, the Elementary and Secondary EducationAct of 1965. This State plan and application for Federal fundswas developedpursuant 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 sponsoredby institutionsof higher learning or other recognized training institutions to improve their professional and technicalknowledge, and thereby be the better prepared and informed to perform their Agency jobs.

. . . "Staff members are selected to participate in training courses that are compatiblewith their field of specializationand all trainingprograms must stand to serve the best interests of the Central Education Agency and contribute to the improvementof public education in the State of Texas. Most of the training courses involved are sponsoredby institutionsoutside the State and
are of varying duration. Some involve as little
as two or three days; whereas othersmay be as much as three or fourmonths in length."

In connectionwith the foregoingquestion and facts, you are concernedwith whether the salary and travel expenses of these employees selected to attend institutes, seminars,

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### 1276

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

workshops or other training coursesmay be paid. In this connection,you have referred to Sections 7, 9, 13, 14, 18 and 25 of ArticleV 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 aforesaidprovisions deal with such subjects as employeevacation and leaves, absences from the State, general travel provisions, transportationallowances, restrictionson registration fees, the appropriationof 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 EducationAct of 1965, reveals that such application for Federal fundshas
as its purpose the strengtheningof State Departments of Education by staff development. Such result is to be accomplished by employees of the Central EducationAgency attending institutes, seminars,workshops or other training courses to improve their professional and technicalknowledge and thereby be better prepared and informed to perform their dutieswith the Central Education Agency.

In view of the foregoing,we are of the opinion that the proposed activities of the Central EducationAgency in having certain employees attend training courses is a valid exercise and functionof the duties conferredupon 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 reimbursementof travel expenses and registration fees of your staff members attending institutes, seminars,workshops or other training courses in connectionwith the Federal plan you have submitted,we would like to call your attention to Attorney General's Opinion C-761 (1966)which held that:

"InAttorney General's Opinion C-671 (19661, it was held that appraisers employedby 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 AppropriationAct 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 conferenceswhen leave from regular duties exceed thirty (30)calendardays in accordancewith the agreement under which the funds are received;however, State derived funds appropriated to such department forpersonnel trainingmay not be expended for this purpose other than in accordancewith

. . . the General AppropriationsAct (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 authorizedby the Texas EducationAgency, and that Federal "trust" funds appropriated to the Central Education Agency may be expended for transportationexpenses of employees in accordancewith the agreement under which the fundshave been received by the Central EducationAgency from the Federal Government.

SUMMARY

The Central EducationAgency may assign a staff member, under the proposed agreementbetween the Central EducationAgency 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 employeemay continue to receive and be paid his State salary.

The Central EducationAgency has the authority to pay registration, tuition fees, travel,per diem and other necessary expenses of staffmembers 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 trainingprograms 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 AssistantAttorney General

APPROVED: OPINION COMMITTEE

Hawthorne Phillips, Chairman Kerns Taylor, Co-Chairman Alan Minter Neil Williams Edward Esquivel Brock Jones, Jr.

A. J. CARUBBI, JR. ExecutiveAssistant

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