Untitled Texas Attorney General Opinion ( 1962 )

EA ORNEY GENERAL OF EXAS May 3, 1962 Mr. Joe D. Carter, Chairman Opinion No. WW-1327 Texas Water Commission BOX 2311 Capitol Station Re : Whether the Chief Engineer Austin 11, Texas of the Texas Water Com- mission is entitled to receive actual expenses when traveling on state Dear Mr. Carter: business. In your recent letter you have requested that this office render its opinion upon the following question: tt . . .whether or not the Chief Engineer of the Texas Water Ccmmission is entitled to his actual expenses when traveling on business for the State?" Section 35 (a) of Article V of Senate Bill No. 1, Acts of the 57th Legislature, First Called Session, 1961, which is the current General Appropriation Act provides as follows: "Executive heads of State agencies, including the Executive Director of the Legislative Council, shall be reimbursed for their actual meals, lodging and incidental expenses when traveling on official business either in or out of the State." There is currectly appropriated to the Texas Water Commission the sum of $52,000 for the year ending August 31, 1962, and $52,000 for the year ending ALgust 31, 1963 to be expended for Travel Expense and operation and maintenance of trucks." Consequently there are presently appropriated funds out of which the Chief Engineer may be reimbursed his actual travel expenses while on state business if the Chief Engineer may be considered to be Included within the scope of the term "Executive heads of State agencies . . .' as used in the General Appropriation Act. Mr. Joe D. Carter, page 2 (WW-1327) House Bill No. 12, Acts of the 57th kgislature, Third Called Session, 1962, changed the name of the Board of Water Engineers to the Texas Water Commission and prescribed the duties, powers and function of the Commission and the Chief Engineer. The duties which the Legislature imposed upon the Chief Engineer are set forth at great length in Section 4 of House Bill No. 12 and it will suffice for our purposes here to merely observe that such duties consist of the carrying out and implementation of existing statutory provisions re- lating to water resources as well as the performance of certain duties in an advisory and consultant capacity to the Commlssion. Section 3 of House Bill 12 provides that: II . . .Except as the Commission may other- wise direct, the Chairman shall be the chief administrative officer of the Commission with authority to employ, assign and reassign duties, adjust salaries of, and discharge from employment, all employees of the Commission within the limits of appropriation bills enacted by the Legislaturt and to direct the general administration of the office of the Commission. . . ." Section 5 of House Bill 12 provides that: "The Commission may, by means of adminis- trative orders which shall be recorded in its minutes, delegate to the Chief Engineer the authority to employ, assign, reassign, promote, demote and adjust salaries of and discharge from employment, all employees and personnel author- ized by the appropriation bills enacted by the Legislature to be employed for the performance of the duties of the Commission which are herein made the responsibility of the Chief Engineer under the direction of the Commission, including the authority to approve payrolls for personnel under his supervision, purchase requisitions for necessary supplies, equipment and services, and vouchers In payment therefor; provided, however, that all such actions relating to personnel shall be made in conformity with the Position Classification Act of 1961, as amended, and in conformity with the limitations set forth in appropriation bills enacted by the Legislature." Mr. Joe D. Carter, Page 3 (WW-1327) You state In your letter that the Commission has by means of administrative order delegated to the Chief Engineer those duties and functions provided for in Section 5. This action by the Commission, when con- sidered in conjunction with the above quoted portion of Section 3, aorstitutes an effective desigration of the Chief Engineer as Chief Administrative Officer of the Commission in addition to his other duties as prescribed by Section 4. In our opinion the phrase “Executive heads of State agencies” means those officials of a state agency who are charged with the administration, implementation and execution of the laws pertaining to such agency and, under the facts here presented, the duties which the Chief Engineer is now charged with performing qualify him as an executive head of the Texas Water Commissizn and as such entitle him to be reimbursed for his . . .actual meals, lodging and incidental expenses when traveliag on official business either in or out of the State. Therefor your question is hereby answered in the affirmative. SUMMARY The duties which the Chief Engineer of the Texas Water Commission is now charged -wi,th performing quaiify him as an executive head of the Texas Water Commission and entitles him to receive his actual travel expense while on state business. Very truly yours WILL WILSON Attorney General of Texas By: W. 0. Shultz Assistant WOS:kkc Mr. Joe D. Carter, page 4 (WW-1327) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Jerry Roberts Arthur Sandlin Norman Suarez REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.