Untitled Texas Attorney General Opinion ( 1972 )

Honorable Glenn E. Garrett Opinion No. M-1653 Executive Director Good Neighbor Commission Re: Use of private airplane Sam Houston State Office Bldg. by members of the Good BOX 12007 Neighbor Commission on Austin, Texas 78711 official business outside of the State of Texas and Dear Hon. Garrett: reimbursement therefor. In your letter of recent date, you have requested our opinion concerning the question of whether members of the Good Neighbor Commission, on official business outside of the State of Texas, may be reimbursed for use of their private airplane while on such travel. It is our opinion that Article V, Sec. 12a. of the current Appropriation Act, Senate Bill No. 11, Regular Session, as amended by Senate Bill No. 7, first call session, 62nd Legislature, 1971, does not allow this reimbursement. In Attorney General's Opinion M-1006 (1971) we con- cluded that members of the Legislature, when traveling on official business outside of the State, were allowed this reimbursement when traveling on official business in accord- ance with the exceptions listed in Sec. 15 of the current Appropriation Act. In Attorney General's Opinion M-1020 (1971) we held that individuals included within the exception provided in Sec. 15 were entitled to their actual cost of commercial transportation including air transportation. We do not find any provision for use or reimbursement for private airplane travel outside the State by members of your agency. The author- ity for in-state use of private airplanes by members of the Good Neighbor Commission is allowed by the third paragraph of Sec. 12a. -5144- L. . Hon. Glenn E. Garrett, page 2, (M-1053) Article V of the Act which reads as follows: "The rate of reimbursement to executive heads and key officials including members of the Legislature for travel in their personally owned airplanes within the boundaries of.the State of Texas and between points of necessary official business shall be sixteen cents (16) per highway mile. The rate of reimbursement for other state employees for travel in their personally owned airplanes within the bound- aries of the State of Texas and between points of necessary official business shall be ten cents .(lO)per highway mile." This cannot be extended to out-of-state travel, except as to members of the Legislature who qualify under Section 15c of Article V of the current Appropriation Act. SUMMARY ---e--e Neither Article V, Sec. 12a, nor Sec. 15, Senate Bill No. 11, Regular Session, as amended by Senate Bill No. 7,~ first call session, 62nd Legislature, 1971, the current Appropriation Act, authorize the reimbursement to members of the Good Neighbor Commission for use of their private airplane on official business outside the State of Texas. n Yours very truly, ,,:' ;_ A2c&$& g;;g&& 0 Attorney General of Texas Prepared by Melvin E. Corley Assistant Attorney General -5145- . . Hon. Glenn E. Garrett, page 3, (M-1053) APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman w. E. Allen, Co-Chairman Jim Swearingen Roland Allen James Quick Sally Phillips SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5146-