Hr. Nelson Brown 

Executive Director 

Texas Commission on 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 cooperation with the Texas 

Commlsslon on Alcoholism. The Texas Commission on Alcoholism has secured the services of several nationally and lnternationally known authorities and your opinion request concerns the payment by various State agencies of per diem and 

travel expenees for their employees who intend~to attend the 

Institute. 

You have asked this office whether the following 

State employees can receive per diem and travel expenses to 

attend the Institute, such employees being classified Into 

three groups: (1) Field Representatives of the Commission 

on Alcoholism; State Hospital employees such as doctors, nurses, 

chaplains, and social workers; Texas State Hospitals and 

Special School employees who work full time with alcoholic 

patients, and who are paid from the special supplemental appropriation which is listed under the Commlsslon's Approprlation in Article III of House Bill 133; (2) employees of 

Publie Welfare, Department of Health, Department of Public 

Safety, Board of Pardons and Paroles, Texas Employment Commission, Texas Department of Corrections and the Liquor Control Board, whose work brings them into contact with alcoholics 

and their families; (3) employees of the Central Education 

Agency, Junior Colleges and Agencies of Higher Education whose 

jobs necessitate a knowledge and understanding of modern methods 

of Instruction regarding the problem of alcoholism. 
Mr. Nelson Brown, Page 2. (Ww-467) 

In a supplemental opinion request you have requested 

this office to pass on the legality of the Commission to reimburse one of your Field Representatives for travel expenses 

incurred by him while attending the National Council on Alcoholism Institute held at Columbia University. It is our understanding that all of the other expenses that will be incurred 

in attending this Institute w&lJ1 be couen8dr~.bp~,dvech~~grship. 

The answers to your questions are governed bye the 

application of Section 51 of Article III of the Texas Constitution, which is 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; . . .I' 

It is apparent that, the above Article prohibits the 

Legislature from granting or appropriating public money to any 

Individual, association of individuals, municipal or other corporations. However, the Texas courts have 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 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, 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 

Pharmaceutical Association v. 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 training purposes 

is directly and substantially related 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 governing board map allow State employees 

and officials to attend schools, clinics or conferences, etc., 

which bear no substantial and direct relation to the governmental duties of the State. 
Mr. Nelson Drown, Page 3. (W-467) . 

We find the following language in the Qeneral Appropriation Bill, 55th Legislature, Regular Session, at 

pages 1153 and 1154, respectively: 

"Sec. 29. . . . 

"f. Travel expenses may be reimbursed 

from the appropriations made In this Act only 

where the purposes of the travel performed are 

clearly for the conduct of the State's official 

business and in ommonance with the legal responsibilltles of the agency of the State represented. 

II 

. . . 

"Sec. 30. . w . 

"b . State employees are entitled to a 

per diem allowance while engaged In travel on 

official state business, provided such travel 

Is authorized by heads of state agencies or an 

employee to whom such authority has been officially delegated. . . ." 

Therefore, in order for us to answer your opinion request, it is neoessary to apply the above statutory llmitation to the fact situation that you have presented and determine if the training in question is for the furtherance of the 

governmental duties of the various State agencies who desire 

to send their employees to attend this Institute and, therefore, State business. 

In reviewing past Attorney General's Opinions on 

the same 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,:do 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? (Attorney General's Opinion ~~-83, April 1, 1957, 

Insurance Commission employee training at I.B.M. school, twoweeks course; Attorney Cteneral's Opinion WW-223, September 

12, 1957, Department of Public Safety employee pilot training 
, 

Mr. Nelson Brown, Page 4. NW-467) 

in flight proficiency training program; Attorney General's 

Opinion ~-2128, Department of Public Safety employee training in Police Administration at Northwestern University, 

four and one-half months 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 employees must be discussed separately to determine 

whether the training received by them at the Institute will 

be directly and substantially used by them in the furtherance of their governmental duties. 

The statutory duties and functions of the Texas 

Commission on Alcoholism, Article 5561c, Vernon's Civil 

Statutes, Section 5 (2), provides that,the Commission shall: 

"(2) Establish cooperative relatlonships with other State and local agencies, hospitals, clinlce, public health, welfare, and 

law enforcement authorities, educational and 

medical agencies and organizations, and other 

related public 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 shall be the duty of 

all departments and agencies of the State 

government and of all officers and employees 

of the State, when requested by the Commission, to cooperate with it in all activities 

consistent with their proper function, . . .' 

It is clearly shown by the above statutory provision that the Texas Commission on Alcoholism is to work In 

cooperation with the other State agencies, and unless there 

is a cooperation with the various State agencies, then the 

purpose of the Commission would be defeated. 

In Group One, we clearly think that those employees 

are to gain valuable knowledge at the Institute which will be 

a substantial and direct benefit to the State by teaching 

them how to treat the alcoholic patients in the State hospitals. 
. 

- 

Mr. Nelson Brown, Page 5. (W-467 1 

We further think that all of the employees In 

Group Two will gain benefits that will be a substantial and 

direct benefit In helping them to carry out their duties as 

State employees. These employees in Group Two come into 

contact with alcoholics in every phase of their work and 

certainly if the employees in Group Two can learn a method 

to help these alcoholics, then they have been substantially 

and directly benefited by 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: 

"All public schools in this State 

shall be required to have taught in them 

orthography, . . . The effects of alcohol 

and narcotics shall be taught in all grades 

of the public schools and In all of the colleges and universities that are wholly or In 

part supported by State funds." 

It is, therefore, our opinion that employees of the 

Central Education Agency and the employees of the agencies of 

higher education may 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 fall within the above discussed rule. 

However, we do not think that the personnel from the 

Junior College falls within 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 General Appropriation Bill of the 55th Legislature provides: 

"The expenditure by a Public Junior 

College of any funds received by It under the 

provisions of this Article shall be limited to 

the payment of Instructional salaries and the 

purchase of supplies and materials required 

for instructional purposes.' 

Therefore, it is our opinion that the Junior College 

personnel cannot have their expenses paid 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 Institute and the accomplishment of the functions of 

government entrusted to the emplo$eed~.are reasonable, substantial and direct. Therefore, those employees approved In this 

opinion should be allowed their travel and per diem expenses 

while attending the Institute. 

We are further of the opinion that the situation posed 

in your supplemental opinion request also falls within the rule 

above discussed, and, therefore, the Field Representative who 

attended the National Council on Alcoholism at Columbia University should be allowed his travel and per diem expenses. 

SUMMARY 

Payment of travel and per diem expenses 

for certain State employees attending 

an Institute on Alcohol Studies held by 

the Texas Commission on 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