Untitled Texas Attorney General Opinion ( 1956 )

E-Y GENE
Honorable Robert S. Calvcrt Opinion No. S-193
Comptroller of Public Accounts
Capitol Station Rc: Authorization of travel
Austin, Texas by employees of the
‘Jniversity of Texas and,
Texas Agr icul turai and
Dear Mr. Calvert: Mechanical Col? ege System,
You have requested an opinion concerning the
authorization of travel of employees of the Ilnilversity of
Texas and the Agricultural 8 Mechanica: College System.
Your specific question is “who should approve traveling
expense accounts for in state travel for the “‘oIlowing
branches of the University of Texas and A. 8 M. Coilege”
(naming the individual branches).
Section 13 of Article Vi of House Bi;l 1&C, Acts?>:f
the 54th Legislature, Chapter 519, page 1348, at page 1591,
provides:
“Travel by officers and employees c,f
agencies of higher education. No (:fi‘I,cial
travel expense shall be %ncurred by member:?
of governing boards, executive and admini s-
trative heads, cr by any employee, of State
agencies of higher education, inside or cut-
side of the boundaries of Texas, except for
official business as approved by the apprc-
priate governing board or the executive head.
Official business shall include the forma!
presentation of original researches by an
employee, if before a national, regional, or
State learned society approved In advance b:
the executive head of the agency of higher
education. No official travel shall be per-
formed by such members, heads, and employees,
outside of State for any purpose except with
the approval of the appropriate gr:verning
board. ”
The governing board of the Univers2ty of Texas 1s the Board
of Regents. The governing board of the Texas Agricultural 8
Mechanical College System is the Board of Directors of Texas
Agricultural 8 Mechanical College. Artlcfes 2584, 2610,
Hon. Robert S. Calvert, page 2. (S-193)
Vernon’s Civil Statutes.
In Attorney General’s Opinion O-877 (1939) a similar
question was decided concerning the General Appropriation Act
of the 45th Legislature, 1937, In that opinion it was held:
“Technically it is true that the Medical _
Branch of the University of Texas is only a branch
of such University but it will be seen from the
foregoing that such Medical Branch had its origin
in a manner consistent with consideration as a
separate institution, FurtIe rmore, we believe
that it is commonly looked upon as an institution
within itself,
“Considering all of the above facts, the
manner in which the Medical Branch originated,
its location separate and apart from the Main
University, the manner in which the appropriation
for the Medical Branch was set up in the appro-
priation billforrthit current :biennium, the
duties of the Dean of the Medical Branch and the
light in which the Medical School is generally
looked upon, we believe that it was the intention
of the Legislature that the Dean of the Medical
Branch should be considered as the head of an
institution within the meaning of said Subsection
6 and our answer to your question, therefore, is in
the affirmative.”
Subsequent to this opinion your office h,as followed the intcr-
pretation of the riders to the General Appropriation Act in
accordance with the views therein expressed and the Legislature,
although it has met many times, has not made any substantial
chanae. Therefore. such departmental construction should be
followed unless it- is clearly erroneous. Federal Crude Oil Co.
v. Yount Lee Oil Co., 122 Tex. 21, 52 S.W.2d 56 (1932); Isbell
v. Gulf Union Oil Co., 147 Tex, 6, 209 S.W.2d 762 (1948).
Technically, the phrase “appropriate governing board
or the executive head” may refer to the Board of Regents of the
University of Texas, the Board of Directors of Texas Agricultur-
al & Mechanical College, the President of the University of
Texas and the Chancellor of Texas Agricultural 8 Mechanical
College System. However, in view of the legislative history of
similar riders in Appropriation Acts, the departmental construc-
tion of these Acts and our previous opinion, it is our opinion
that the Legislature intended to refer to the head of the
Honorable Robert S. Calvert, page 3. (S-193)
various branches of the institutions set out in your request
as designated in the Appropriation Act and orders of the govern-
ing boards of the University of Texas and Texas Agricultural 8
Mechanical Coll,ege.
You are, therefore, advised that the traveling experse
accounts may be approved by the head? of ‘ho ‘-T)?>r?-(~^?l 2-rs”ch*z
of the University of Texas and Texas Agricultural & Mechanical
College System.
The heads of the various individual
branches of the University of Texas
and Texas Agricultural S Mechanical
College System, as set out in the
General Appropriation Act, may approve
traveling expense accounts for in
st~ate travel in compliance with the
provisions of Section 13, Article VI,
of House Bill 140, Acts of the 5lith
Legislature, Chapter 519, page 1348.
Yours very truly,
APPROVED: JOHN BEN SHEPPER.D
Attorney :&sneral of Texas
J. C. DAVIS, JR.
County Affairs Division
MARY K. WALL Assistant
Reviewer
J. A. AMIS, JR.
Reviewer
L. W. GRAY
Special Reviewer
DAVIS GRANT
First Assistant
JOHN BEN SHEPPERD
Attorney General