Untitled Texas Attorney General Opinion ( 1971 )

July 20, 1971
Honorable~James H. Havey Opinion No. M-909
Director, International Trade
Texas Industrial Commission Re: Whether the International
Box 12728, Capitol Station Trade Division of the
Austin, Texas 78711 Texas Industrial Commission
may maintain an employee in
the country of Mexico, and
Dear Mr. Havey: a related question.
In your recent letter requesting an opinion from this
office, you advised us.fhat the International Trade Division of
the Texas Industrial Commission -1s planning on opening an extension
office in Mexico City, Mexico, D.F. and that funding for this office
has been approved and IS contained in Senate Bill No. 11, Regular
Session as amended by Senate Bill No. 7, First Called Session of the
Sixty-Second Legislature. In this regar:dyou ask whether the State
of Texas can legally pay for services of an employee who Is working
in and consequently residing in Mexico.
The Texas Industrial Commission was established by the
provisions of Article 5183, Vernon's Civil Statutes. Certain duties
of the Commission are prescribed by the subsections of Section 4,
Article 6144(e), Vernon's Civil Statutes. Those provisions most
pertinent to our discussion are quoted as follows:
'y(a) ,Investigate, study and'undertake ways,,
and means of pr?otlng and encouragingthe pros-
.perous developmeni ,and'protection of the legitimate
interest and welfare of Texas business, industry,
agriculture, and commerce within and outside the
state.
v(b) Plan and develop an effective business
lnformatlon service both for the assistance of
business and Industry of then state and for the
encouragement of business and industry outside
the state to use economical facilities within
the state.
,I
. .
";,, E ncourage and develop commerce with
other states and foreign countries."
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Hon. James H. Havey, page 2 (M-909)
Line Item 14 of the current legislative appropriation
for the Industrial Commission, which is found in Section 1 of
Article III of Senate Bill No. 11, Regular Session, as amended
by Senate Bill No. 7, First Called Session, Acts 62nd Legislature,
1971 (General Appropriation Act for the biennium ending August
31, 1973) provides as follows:
For the years ending
August 31, 1972 Au$ust 31, 1973
'To provide from the
General Revenue Fund for ln-
ternatlonal trade projects in-
cluding but not limited to
foreign trade missions, overseas
offices, reverse investment
missions, including salaries
of exempt and classified
posltlons, professional fees
and services, part-time and
seasonal help, travel con-
sumable supplies and materials,
current and recurring operat-
ing expenses, capital outlay,
planning grants and,all other
activities for'which no other
provisions are made. 150,000 150,000"
Article III, Section 44 of the Constitution of Texas pro-
hibits appropriations by the Legislature unless there is In force a
pre-existing law to support such appropriations. Austin National
Bank v. Sheppard, 123 Tex. 272, 71 S.W.2d 242 (19347; Attorney
General's Opinion No. M-729 (1970).
In a similar fact situation, Attorney General's Opinion
M-729 held that the Commissioner of Agriculture has the authority
to enter into a contract to pay a monthly consultation fee for the
rendering of various marketing surveys and studies to an individual
temporarily residing In Europe.
In view of the foregoing authorities and the circumstances
presented , it is our o lnion that Subsections (a), (b), and (e) of
Section 4'3 Article 61451(e), Vernon's Civil Statutes, grants to the
Industrial Commission authority to open an extension office in
Mexico City, Mexico, D.F. and to pay the salaries of employees who
are working and residing In Mexico.
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. -
Hon. James H. Havey, page 3 (M-909)
SUMMARY
Subsections (a), (b) and (e) of Section 4
of Article 6144(e), Vernon's Civil Statutes,
grants to the Industrial Commission authority
to open an extension office In Mexico City,
Mexico, D.F. and to pay the salaries of em-
ployees who are working residing In Mexico.
C. MARTIN
Attorey General of Texas
b
Prepared by Ivan R. Williams, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W, E. Allen, Co-Chairman
William J. Craig
Camm Lary
Tom Sedberry
Ray McGregor
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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