Untitled Texas Attorney General Opinion ( 1940 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN 0, - 0. MIWll L/ ‘1 ~“n OI”mmAL 4J ‘~ VI iit ,. A. -~ Xonorable C. H. Robinson, Secretary TeXaS State Board of Chiropody Xxaminers Fair Building Fort Yorth, Teras 'ircar Sirr This will aaknowledge: August 15, 1940, in which you state, in part, as arti ofChiropody ely eatSskated 8, in services me.aneof live1 ol'fioee.haveb present, due to lnndequate Ir 00uld this,board rei.mburse time spent, and. money spent, services actually performed for the board, by allowing the Searetary two end one-half extra per diems monthly, at the rate of ten dollars a day as provided in tho above quoted Artiole? 2, Is it your opinion tiiatthe Article 6574, already _nrovidesfor suah aompensatlon by t!lesentenae, 'The Seoretary shall receive his neoes:jaryexpanses for services actually performed for the BOSrd. ' Or is a proper motion neoessary?* Honorable C. H, Bobinson, Page 2 Artiole 4568, Vernonts Annotated Civil Statutes, meatin& the Board of Chiropody Sxamiinere,says, in part: T?hey (the board) shall, as soon as organized, and biennially thereafter in the month of January, elaot from their members a president, vice-president and seoretary- txeaeurer. . . ." Artlola 4574 reads a8 f01lows~ -Eaah member of the board shall reoeive for his ser- vises ten'dollars a day and neoessary travelling and inoi- dental expenses, while aotually engaged in the serviae of the board. The searetary shall receive his necessary expenses for.services aotually performed for the board. All printihng,postage and other oontfngent expenses, necessarily incurred ln administering this law shall be paid from She iaes received.by the board, and all expenees shall be itemized, verified, audited and an aoooont kept thereof by the Yaoretary of the Board, who shall pay the same out of said fees whioh acorued to it." Sinoe Artlola 4574 provides that “eaoh member of the board shall reaaive ten dollars a day . . . while aatually engaged in the service of the board,* we believe that you, a8 a member and seoretary of the board, maa reoeive your per diem of $10.00 for each day that you devote to the business of the board, irrespeotive of whether the entire board is In sesai~n on all suoh days. The statute does not expresa2y require aonsent Of the board for suoh payments, but it would oertainly be proper, if you see fit, to submit all aooounts to the board for approval. Yours very truly