Hr. Nelson Brown

Executive Director Texas Commissionon Alcoholism 1501 Guadalupe Street Austin 1, Texas Opinion No. WU-467
Re: Payment of travel and per diem expenses for employees of the Commission on Alcoholism and employees of other State DeDear Mr. Brown: partments to attend the Institute of Alcohol Studies. The University of Teaa IS presenting a six-day Institute on Alcohol Studies In cooperationwith the Texas Commlsslon on Alcoholism. The Texas Commissionon Alcoholism has secured the servicesof severalnationally and lnternationally known authorities and your opinion request concerns the payment by various State agencies of per diem and travel expenees for their employeeswho intend~to attend the Institute.

You have asked this office whether the following State employees can receiveper diem and travel expenses to attend the Institute, such employees being classified Into three groups: (1) Field Representativesof the Commission on Alcoholism; State Hospital employees such as doctors, nurses, chaplains,and socialworkers; Texas State Hospitals and Special School employeeswho work full timewith alcoholic patients,

and who are paid from the special supplementalappropriationwhich is listedunder the Commlsslon'sApproprlation in Article III of House Bill 133; (2) employees of PublieWelfare, Department of Health, Department of Public Safety, Board of Pardonsand Paroles, Texas Employment Commission, Texas Department of Correctionsand the Liquor Control Board, whose work brings them into contactwith alcoholics and their families; (3) employees of the Central Education Agency, Junior Collegesand Agencies of Higher Education whose jobs necessitate a knowledgeand understanding of modern methods of Instructionregarding the problem of alcoholism.Mr. Nelson Brown, Page 2. 

### (Ww-467)

In a supplementalopinion request you have requested this office to pass on the legality of the Commission to reimburse one of your Field Representatives for travel expenses incurredby him while attending the National Council on Alcoholism Instituteheld at ColumbiaUniversity. It is our understanding that all of the other expenses that will be incurred in attending this Institutew&lJ1be couen8dr~.bp~,dvech~~grship.

The answers to your questions are governed byethe application of Section 51 of Article III of the Texas Constitution, which is as follows:

"TheLegislature 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 corporationswhatsoever;

. . .I'
It is apparent that,the above Articleprohibits the Legislature from granting or appropriatingpublic money to any Individual,association of individuals,municipal or other corporations. However, the Texas courtshave interpreted Section 

### 51,Article III, as not preventing the Legislature from~ appropriating State funds to an Individual,association of in-' divlduals,municipal or other oorporatlons If the use and purpose of the appropriation la for the furtherance of the governmental duties 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 District No. 4, Shelby Co. v. Allred, 

### 60 S.W.2d 

### 164 (Comm.App., 1934) opinion adopted by the Supreme Court; City of Aransas Pass v. ieelln T;;8?&l;ppTeX.

339 (19231 247 S.W.

; Jones v. Alexander, 59 S.W.% 1083,

. 1933), opinion adopted by the Supreme Court; Texas PharmaceuticalAssociationv. Dooley, 90 S.W.2d 328 ,(Tex.Clv. App.,1936); Jefferson Co. v. Board of Co., & Dlst. Road Indebted- 

### =, 182 S.W. 26 908 (1944).

Accordingly, the extent that the authorization for the expenditure of appropriated funds for personnel to attend schools, clinics and conferences, etc., for trainingpurposes is directly and substantiallyrelated to the performance of the State's governmental functions. The llmltatlon Imposed by the provisions of Section 

### 51,Article III of the Texas Constltution, Is that no governingboard map allow State employees and officials to attend schools, clinics or conferences, etc., which bear no substantialand direct relation to the governmental duties of the State.Mr. Nelson Drown, Page 

### 3. (W-467)

.

We find the following language in the QeneralAppropriation Bill, 55th Legislature,Regular Session, at pages 

### 1153and 

### 1154,respectively:

"Sec. 29.

. . . "f. Travel expensesmay be reimbursed from the appropriationsmade In this Act only where the purposes of the travelperformed are clearly for the conduct of the State's official business and in ommonance with the legal responsibilltlesof the agency of the State represented.

II

. . . "Sec. 

### 30.

. w . "b

. State employees are entitled to a per diem allowancewhile engaged In travel on official statebusiness,provided such travel Is authorized by heads of state agencies or an employee to whom such authorityhas been officiallydelegated.

. . ." Therefore, in order for us to answer your opinion request, it is neoessary to apply the above statutory llmitation to the fact situationthat you have presented and determine if the training in question is for the furtherance of the governmentalduties of the various State agencieswho desire to send their employees to attend this Instituteand, therefore, State business.

In reviewingpast Attorney General's Opinions on the same question of training of governmental personnel, it is noted that the followingrules have been consistentlyapplied to determinewhether the trainingwas such that the State couldpay for it. The question asked iswhether the training describedwill be directly and substantiallyused to facilitate the governmentalduties and functions of the State agency requesting such training. Also,:do 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? (AttorneyGeneral's Opinion 

### ~~-83,April 1, 1957, Insurance Commissionemployee training at I.B.M. school, twoweeks course;Attorney Cteneral's Opinion WW-223, September 12, 1957, Department of Public Safety employeepilot training,

Mr. Nelson Brown, Page 4. 

### NW-467)

in flightproficiency trainingprogram; Attorney General's Opinion 

### ~-2128,Department of Public Safety employee training in Police Administrationat NorthwesternUniversity, four and one-halfmonths course); and Attorney General's Opinion

### WW-433.

In applying the above rules to the fact situation that you have presented, It is our opinion that each group of employeesmust be discussed separatelyto determine whether the training received by them at the Institutewill be directly and substantiallyused by them in the furtherance of their governmentalduties.

The statutoryduties and functions of the Texas Commission on Alcoholism,Article 

### 5561c,Vernon's Civil Statutes, Section 

### 5 (2),provides that,the Commission shall:

"(2) Establish cooperativerelatlonshipswith other State and local agencies,hospitals, clinlce,public health, welfare, and law enforcement authorities, educationaland medical agencies and organizations,and other relatedpublic and private groups." Section 

### 6 of Article 

### 5561~provides that:

"To effectuate the purpose of this Aot and to make maximum use of existing facilities and personnel, It shallbe the duty of all departments and agencies of the State governmentand of all officers and employees of the State,when requested by the Commission, to cooperatewith it in all activities consistentwith their proper function,

. . .'
It is clearly shownby the above statutoryprovision that the Texas Commissionon Alcoholism is to work In cooperationwith the other State agencies, and unless there is a cooperationwith the various State agencies, then the purpose of the Commissionwould be defeated.

In Group One, we clearly think that those employees are to gain valuable knowledge at the Institutewhich will be a substantialand direct benefit to the State by teaching them how to treat the alcoholicpatients in the State hospitals..

-

Mr. Nelson Brown, Page 

### 5. (W-4671

We further think that all of the employees In Group Two will gain benefits that will be a substantialand direct benefit In helping them to carry out their duties as State employees. These employees in Group Two come into contactwith alcoholics in every phase of theirwork and certainly if the employees in Group Two can learn a method to help these alcoholics, then they have been substantially and directly benefitedby attending the Institute.

We now come to the third group of employees. The Third Group of employees is composed entirely of educators. In Article 2911 of Vernon's Civil Statutes,we find the following language:"Allpublic schools in this State

shallbe required to have taught in them orthography,

. . . The effects of alcohol and narcotics shall be taught in all grades of the public schoolsand In all of the colleges and universities that are wholly or In part supportedby State funds."
It is, therefore, our opinion that employees of the Central Education Agency and the employees of the agencies of higher educationmay be allowed their travel expenses and per diem. The technical knowledge gained by these employees of the Central Education Agency and higher education agencies \ would be for such a purpose as to fallwithin the above discussed rule.

However,we do not think that the personnel from the Junior College fallswithin any of the groups above discussed. Personnel from the Junior Colleges could not be paid by the State for their travel expenses. Article IV, Section 

### 5 at page 1097 of the GeneralAppropriationBill of the 55th Legislatureprovides:"The expenditureby a Public Junior

College of any funds received by It under the provisions of this Article shallbe limited to the payment of Instructional salariesand the purchase of suppliesand materials required for instructionalpurposes.' Therefore, it is our opinion that the Junior College personnel cannothave their expensespaid by any State agency or by State funds..

Mr. Nelson Brown, Page 

### 6. (Uw-467 1

The 55th Legislature in the Qeneral Appropriation Bill has appropriated funds to cover travel expenses and per diem expenses for all of the employees covered In Qroups One, Two and Three and we, therefore, conclude that the purpose of the Instituteand the accomplishment of the functions of government entrusted to the emplo$eed~.are reasonable, substantial and direct. Therefore, those employees approved In this opinion shouldbe allowed their travel and per diem expenses while attending the Institute.

We are further of the opinion that the situationposed in your supplementalopinion request also fallswithin the rule above discussed, and, therefore, the Field Representativewho attended the National Council on Alcoholismat ColumbiaUniversity shouldbe allowed his travel and per diem expenses.

SUMMARY Payment of travel and per diem expenses for certain State employees attending an Instituteon Alcohol Studies held by the Texas Commissionon Alcoholism and the National Council on Alcoholism is authorized. Very truly yours,
WILL WILSON Attorney Qeneral of Texas

LSIpf:zt
APPROVED:
OPINION COMMITTEE Qeo. P. Blackburn, Chairman J. Arthur Sandlin Richard B. Stone Wayland C. Rivers, Jr. L. P. Lollar
REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Ceppert Linward Shivers Assistant