Untitled Texas Attorney General Opinion ( 1971 )

Honorable Burt L. Rlsley Opinion No. M-1020 Executive Director State Commission for the Blind Re: Construction of Section 15 317 Sam Houston Building of Article V of the current Austin, Texas 78701 General AppropriationsAct. Dear Mr. Risley: Your request for an opinion asks the following ques- tion: "Are Individuals who fall within the various classes specified under the heading 'EXCEPTIONS TO THE PER DIEM AND TRAVEL AL- LOWANCES,' contained in Section 15 of S.B. 11, Acts of the 62nd Legislature, Regular Session, 1971, as amended by S.B. 7, Acts of the 62nd Legislature, 1st Called Session, 1971, entitled to their actual cost of com- merclal transportation utilized in the per- formance of official business in and out of the state, If such commercial transportation consists of air transportation at first class fare when air transportation at tourist class was available?" Subdivision (b) of Section 12 of Article V of the current General Appropriations Act provides: f, . . . The rate of reimbursement for any employee for whom f’unds are appropriated in this Act, for air transportation shall be tourist class unless tourist class Is not available. This allowance shall not include federal taxes from which the employee andlltheState Government are legally exempt. . . . See Attorney General's Opinions M-939 (1971) and H-939-A (1971). Subdivision (a) of Section 15 of Article V provides: "Sec. 15. EXCEPTIONS TO THE PER DIEM AND TRAVEL ALLOWANCES. a. Judicial officers -4972- - . Hon. Burt L. Risley, page 2 (M-1020) authorized by law and executive heads of State agencies, including the Executive Director of the Legislative Council, shall be reimbursed for their actual meals, lodging and incidental expenses (exclusive of expenses related to automobiles for which transportation allowance is paid as ro- vided by Section 14a of this ArticleP when traveling on official business either In or out of the State." It is noted that Section 15 constitutes exceptions to per diem and travel allowances lncludlng cost of all commercial transportation. The only transportation allowance that is not Included in the exceptions is transportation allowance related to automobiles. Therefore, the provisions of Subdivision (b) of Section 12 above quoted do not apply to those individuals covered by Section 15 of Article V. You are therefore advised that individuals falling within the exceptions provided in Section 15 of Article V of the current General Appropriations Act are entitled to their actual cost of commercial transportation utilized in the per- formance of official business regardless of whether or not such commercial transportation consists of air transportation at first class fare. SUMMARY The provisions requiring air transportation to be tourist class do not apply to those in- dividuals entitled to actual expenses under Sub- division (a) of Section 15 of Article V of Senate Bill 11, Acts 62nd Legislature, Regular Session, 1971, as amended by Senate Bill 7, Acts 62nd Legislature, First Called ession, 1971. .s Ve&jtruly yours, CRAWFCRD C. MARTIN Attorney General of Texas Prepared by John Reeves Assistant Attorney General -4973- . . Hon. Burt L. Rlsley, page 3 (M-1020) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Melvin E. Corley Ben Harrison Scott Garrison Wayne Rodgers SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHTTE First Assistant -4974-