Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
May 10, 1979
MARK WHITE
Attorney General
Honorable Neal T. “Buddy” Jones Opinion No. ``-21
66th Judicial District Attorney
P. 0. Box 400 Re: Legality of a county
Hillsboro, Texas 76645 commissioner receiving stipend for
expenses while serving as volunteer
coach for a junior college.
Dear Mr. Jones:
You request our opinion about the legality of a county commissioner in
Hill County receiving an expense reimbursement from Hill Junior College
District. Commissioner Kenneth Davis volunteered his services as girl’s
basketball coach to HiIl Junior College, asking only that his traveling
expenses be reimbursed. He estimated he would be making an average of 39
trips monthly between his home and the college, a distance of 22 miles, at a
cost at 16C per mile. He submitted the estimated budget “for expense
reimbursement only.” The Board of Regents officially noted the offer, noted
that Mr. Davis had agreed to “no salary, stipend, or other emolument, other
than reimbursement for direct expenses,” and resolved to
accept the services of Mr. Kenneth Davis as coach of
the women’s basketball programs, and [to] reimburse
him, on a monthly basis, a sum of $135 for direct
travel expenses, effective September 1, 1978.
As indicated in Attorney General Opinion H-992 (1977), a person may
receive a lump-sum expense reimbursement from a governmental body;
however, the sum set must be premised on fact and reasonable calculation.
See, e.g., Attorney General Opinion V-1525 (1952). Certainly, if there is
reimbursement for each mile actually driven, there is no question that the
reimbursement is for expenses only. If a lump-sum is utilized, there will be
a factual question as to whether the sum has a basis ln fact and reasonable
calculation.
If the agreement is actually for reimbursement of expenses there is no
violation either of article 2, section 1 or article 16, section 40 of the Texas
Constitution. Corn are Texas Turnpike Authority v. Shepperd, 279 S.W.2d
302, 308 (Tex.* reimbursement per V.T.C.S. art. 6674~ of actual
p. 65
Honorable Neal T. “Buddy” Jones - Page Two (MW-21)
expenses incurred by director of agency does not constitute office one of emolument) with
Willis v. Potts, 377 S.W.2d 622 (Tex. 1964) (office commanding fixed amount of $lO-
week is a lucrative office).
SUMMARY
A county commissioner may serve as a volunteer basketball coach
for a public junior college district so long as he is reimbursed for
expenses only.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Walter Davis
Scott Garrison
Rick Gilpin
William G Reid
Bruce Youngblood
p. 66