Untitled Texas Attorney General Opinion ( 1970 )

January 13, 1970 Honorable Carl Cox, Director Opinion No.M-555 The Cotton Research,~Committee of Texas Re: Construction of Article 300 Cotton Exchange Building 165-4a; Vernon's.Civil Dallas, Texas 75201 Statutes, relating to the Cottbn Research' Committee. Dear Mr. Cox: Your request for an opinion aeks~ the following question: "Under the provisions of Article 165-4a, Vernon's Civil Statutes, is the Cotton Research Committee authorized to reimburse the research agency for payment of travel expenses incurred by the research agency's employee in presenting an original research paper before a'national, international, regional or state.~learned society?" Article 165+4a, Vernon*s,Civil Statutes, provides as follows: "Section 1. By this Act it ,is expressly de- clared that the policy of all then various agri- cultural agencies of the State of Texas shall be shaped so that the subject of the,increased use and outlet for farm products, especially cotton, wool, mohair, oilseed products ,and other textile products, ahabl be stressed as much as the productionof said products; and allrof the various State Agricultural Agencies, Departments, and State ,Educational,,Inetitutiona are hereby directed to take full and sufficient consideration of the policy herein established, and that the activities of the various agencies and institutions mentioned above be revamped, where same has not already been done, so as to conform with the provisions of this Act,. "Sec. 2. A Cotton Research Committee, com- posed of the Chancellor or Successor of the Texas -2651- l . Bon. Carl Cox, page 2 (M-555) Agricultural and Mechanical College System and the Chancellor or Successor of The University of Texas, the President of,the Texas Technological College, and the President of Texas Womenus, University, is hereby created and established to cause surveys, research and investigations to be made relating to the utilization of the cotton fiber, cotton- seed, wool, mohair, oilseed products, other textile products, and other products of the cotton plant, with authority to contract with any and all State and Federal Agricultural Agencies and Departments of the state, and all State Educational Institutions and, State Agencies to perform~any such.services for, said Committee and for the.use..of their respective-available facilities, .as'it may deem proper,;and to compen- sate such Agencies, Departments and,~Institutions, to be paid from money appropriated by the Legis- lature for~the purposes of this Act, which appro- priations of morkys for'research of, cotton, wool, mohair, oilseed products and other, products of the cotton plantor other textile .products are hereby authorized; grants and. gifts from the United States ore private sources'may be accepted for such purposes, and shall be, subject only to limitations contained in such grants or gifts. "Sec. 3. It is the intent of the Legislature that present funds appropriated to the Cotton Research Committee shall be expended for research on cotton and oilseed products. The. Legislature may, however, appropriate additional funds and the Cotton Research Committee.may spend these funds for research on wool, mohair, or other textile products." (Emphasis added.) Pursuant to the above quoted.provisions, an agreement was entered into between the Texas A&M.,University System and the Cotton Research Committee for the purpose of conducting research, surveys, and other~investigations pursuant .to the agreement. The Cotton Research~Committee wasbilled,by the.Texas .A&M Uniuersity System (as a parkof its cost in carrying out the agreement) for certain travel expense incurred by an employee of the Texas A&M University System-.in presenting a research paper before various national, international, regional and State learned kocieties, which paper was prepared pursuant to. said agreement, The Comptroller of Public Accounts.denied, payment of such travel -2652- Hon. Carl Cox, page 3 (M-555) expense on the basis that such expense wasp not'properly charged as a research item. It is the contention of the Comptroller that when the research project has been- completed~.pursuant-to the agree- ment, the findings of suoh research become,the property of the Committee. Any presentation of such-research paper before another educational institution or learned society, in the opinion of the Comptroller, ispresented under the authority of the Texas A6M University System and,,.therefore, , :expenses incurred must be, paid from funds ofthe:.Tex%sA&M University~.System rather than from funds appropriated to.the CottonResearch Committee. See Section 15 of Article 'V of,-House Bill 2, Acts of ,the 61st Legislature, 2nd C.S., 1969 (General Appropriation' Act), and similar riders contained in other general appropriation*‘acts. It is;the contention of~the Cotton Research Committee that such travel expense constitutes reimbursable costsfor the reason that it, is the policy of the Committee to publicly dis- seminate the research results andthat'such dissemination in the form of presenting such research resul:ts'to',learnedsocieties throughout the United States is an,integral part' of thecosts of research projects, Section ,15 ,of Article V of.House Bill 2, Acts ~of the 61st Legislature;Znd C.S., 1969 (General Appropriation Act for the biennium ending August 31, 19711, provides: "Sec. 15. TRAVEL BY OFFICERS AND EMPLOYEES OF AGENCIES OF HIGHER EDUCATION. None of the moneys appropriated by this Act may be expended for officialtravel expense incurred by members of governing boards,@ executive and.administrative heads, or by any employee of. State-agencies of higher education except for official business as approved by the appropriate governing board. Of- ficial business shall include @he formal presenta- tion of original researches by an-employee, if before a national, international,.regional, or state learned society, and if .the.travel for such purpose .has been approved in advance." Prior to the inclusion in the..general appropriation acts of provisions..similar to Section.15.quoted above,, it was held in Attorney.General"s Opinion 04.195 (19.39)that travel of the nature outlined ;in your request did. not- constitute ,'.State's ,business",.:Subsequent to Attorney -General's Opinion O-1195, the Legislature has..defined tr%vel for o,fficial ,St%te business for employees,of a~gencies of higher .education~to includetravel for -2653- Hon. Carl Cox, page 4 (M-555) the purpose of formal presentation of original researches by an employee,before. national, internat,ional~,. regional or State learned societies. 'See.Attorney',Ceneral~'sOpinions S-116' ,(1953) and WW-379 (1958). Therefore the'type of travel outlined in yourrequestis'authorixed by the proyisions of Section 15 of Article V of House Bill 2, Acts of the 61st Legislature, 2nd C.S., 1969, and similar riders contained in. other general appropriation acts, rather'thenthe agreement betweenthe, Texas A&K University System and the Cotton Research Committee. Under the aforesaid agreement, the Texas A&M University System, acting th,ruugh,the Texas Engineering Experiment Station, agreed to perfomcertain research projects for the Cotton Re- search Committee, and to make available'to the Committee the results of'such.resea~rch. It was note part of the agreement that the Texas A&M Uhiversity,~System~or.any of its employees or agencies disseminate results of such project 'to'the public.' It is our,opihion, therefvre‘r'.thatthe presenting of such research'paper by an employee of the Texas A&M University System was noit done pursuant to,,the agreement between the Texas A6M University ~System and the Cotton Research Cotmnittee',,andis therefore nbt‘an'itemof; reimbursable .cOst pursuant to the'agree- ment. SUMMARY Travel~~by an employee of the~Texas A&M Uni- versity System for the purpose of presenting original research papers before a national,; international, regional..or'State.learned societyi.is--madepursuant to riders> containedrin various. ,genasal appropriation acts authorizing travel for the pu,rpose of.making formal presentation of original-researches before a national,rinternational., regional ore State learned society. Under an agreement betweenthe Texas A&M University System and the Cotton ,Reeearch Committee, entered~ into pursuant to the provisions of Article 165-4a, Vernon's Civil Statutes., the.Texas A&M Univecsity,~:Systemagreed to perform oertain re- search projects for the Cotton- ,Research Committee and to make,,available to the Committee the results of. suchresearch. sunder the agreement.the Texas A6M University,.System was not..undes..any.obligation to the~Committee to disseminate to..the puh1i.c the -2654- . . Hon. Carl Cox, page 5 (M-555) results of the research project and travel expense of an employee of the Texas A&M University System .. in presenting a.research;peper before certain learned societies does not constitutes a reimburs- able cost, pursuant to the agreemen /9 Prepared by.Johhn Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman Alfred Walker, Co-Chairman Richard Chote Austin Bray Rick Fisher Glenn Brown MEADE F. GRIFFIN Staff Legal Assistant NOLA WHITE First Assistant -2655-