Untitled Texas Attorney General Opinion ( 1970 )

April 27, 1970
Honorable Robert S. Calvert Opinion No. M-619
Comptroller of Public Accounts
State of Texas Re: Payment of registration
Austin, Texas 78711 fees assessed for a seminar
under the facts submitted.
Dear Mr. Calvert:
Your request for an opinion on the above subject
matter asks the following questions:
"1. Can a state agency, in the absence
of express statutory authority, charge official
fees for conducting seminars or conferences?
"2 . In the absence of express statutory
authority to charge official fees, can an agency
conduct a seminar or conference called by the
head of the state agency as official business
of that agency and charge a fee of any nature
to those attending, including employees and
officers of that agency?
"3 . In the absence of express statutory
authority to charge official fees by an agency,
can employees of that agency, acting for the
head of that agency, collect fees from individuals,
including employees and officers of that agency,
attending a seminar or conference conducted as
official business of that state agency?
"4. If any of the above questions are
answered in the affirmative, are the fees col-
lected State's monies and should they be de-
posited in the State Treasury?
"5. If a state employee or officer at-
tends a seminar or conference and pays a fee, if
you hold any fee to be a legal charge, be en-
titled to legally claim reimbursement for such
fee from the State?"
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Hon. Robert S. Calvert, page 2
These questions have arisen by virtue of claims
being filed by employees of the State Highway Department for
reimbursement of registration fees paid by such employees
in attending a seminar on "The Trial of Condemnation Cases"
which such employees were directed by the Highway Department
to attend.
In Attorney General's Opinion C-671 (1966), it was
held that appraisers employed by the Veterans Land Board may
attend an appraisal school at Texas A&M University and have
their registration fees paid by the State. Likewise it was
held in Attorney General's Opinion C-761 (1966):
"Registration fees necessary to attend the
Texas Society of Professional Engineers, for
the purpose of discussing questions concerning
the recent amendment to the Texas Engineering
Practice Act, constitutes a necessary expense
of the member of the Texas State Board of
Registration for Professional Engineers, who
was assigned by the Board to attend such meet-
ing in the furtherance of the governmental
duties imposed on the Board, may be paid."
Also, it was held in Attorney General's Opinion
C-692 (1966) that registration fees necessary to attend
courses of instruction deemed necessary to the furtherance
of governmental duties imposed upon a State agency may be
paid by such State agency.~ It is stated in C-692, supra:
" . . . you are advised that the regis-
tration fees to attend the conference sponsored
by the Urban Transportation Committee of the
Greater Chamber of Commerce of Pittsburg, and
the registration fee to attend the Uniform
Commercial Code Institute may be paid."
In Attorney General's Opinion W-245 (1957),
this office said:
"The Comptroller of Public Accounts is
authorized to pay the traveling expenses of
District Attorneys coming to Austin to attend
the conference of District and County Attorneys
for the purpose of study and discussion of
mutual problems in the field of criminal
prosecution."
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. .
Hon. Robert S. Calvert, page 3
Furthermore, we concluded in Attorney General's
Opinion M-232 (19681, that tuition fees and registration fees
for seminars charged by one State agency to another State
agency may be incurred by entering into an interagency con-
tract between the agencies involved. In that Opinion we stated:
"In Attorney General's Opinion M-120
(1967), it was held that the registration fee
expenses of State employees who were assigned
to attend the transportation conference at
Texas A&M University constituted State business
and that such registration fee may be paid when
the agency head has made the determination that
attendance at the conference is reasonably
necessary in order to carry out the duties and
functions of the employees.
"Since the attendance to the Texas Trans-
portation Institute, a part of Texas AhM lJni-
versity, by various State employees constitutes
official State business found to be necessary
and essential for the performance of their
duties, such attendance is properly the sub-
ject matter of an interagency agreement p:ir-
suant to the provisions of Article 4413(3:1),
above quoted.
"You are therefore advised, in answer to
your first question, that tuition fees and
registration fees for institutes and seminars
charged by one State agency to another State
agency may be incurred by entering into an
interagency contract between the agencies in-
volved. In answer to your second question,
you are advised that such registration fess
may be paid either pursuant to an interagency
contract or as a travel expense item incurred
by an employee. Attorney General's Opinion
M-120 (19671."
In view of the foregoing opinions, it appears well
settled that a registration fee expense of State employees
who are assigned to attend seminars or conferences as a part
of their duties constitutes reimburseable expenses incurred
in the performance of official duties by the e;nployees;and
such registration fees are payable by the Stata, whether by an
interagency contract or by reimbursing the State employee for
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,
Hon. Robert S. Calvert, page 4
the official expense incurred.
The Fifth Annual Condemnation Seminar on "The Trial
of Condemnation Cases" was a seminar which required payment
of registration fees in order that the costs of conducting
the seminar could be paid. Such seminar was for the official
benefit of State employees engaged with condemnation work and
therefore constituted an expense incurred as a result of
State business and in the performance of the official duties
of those State employees attending such seminar. You are,
therefore, advised that the State employee is entitled to
reimbursement for the registration fee expense incurred by
such State employee.
Your questions, however, are directed at the
authority to charge registration fees for seminars conducted
in the name of a State agency. Therefore we will proceed to
answer your questions categorically.
The statutes prescribing fees for public officers
are strictly construed and the right of a public officer to
charge a "fee" for his services may not rest in implication,
but must b=xpressly conferred by law and unless a statute
clearlv fixes the amount of fee to which he is entitled, no
official fee may be charged. McCalla v. City of Rockdale,
112 Tex. 209, 246 S.W. 654 (1922); -``````````
Binford v. Robinson, 112
Tex. 84, 244 S.W. 807 (1922); McLenrian County v. Boggess,
i04 Tex. 311, 137 S.W. 346 (1911); Hallman v. Campbell, 57
Tex. 54 (1882); State v. Moore, 57 Tex. 307 (1882). There-
fore, in answer to your first question as worded, a State
agency in the absence of statutory authority may not charge
official "fees of office" for conducting seminars or confer-
ences . However, in the instant case, no official fees of
office were charged. On the contrary, registration charges
were made and collected for the purpose of defraying the
costs of the seminar, and the same does not constitute an
official fee of office.
In answer to your second and third questions, you
are advised that a State agency may conduct or sponsor a
seminar or conference deemed necessary when the seminar
bears a reasonable, substantial and direct relationship to
the duties and functions of the office, and registration
charges may be made for attendance at such seminar or con-
ference in order to defray the expenses of conducting the
seminar. Attorney General's Opinions C-671 (19661, C-761
(1966), C-692 (19661, WW-245 (19571, M-232 (1968).
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. .
Hon. Robert S. Calvert, page 5
In answer to your fourth question, registration
charges collected for such seminars do not constitute State
monies and are therefore not to be deposited in the State
Treasury.
In answer to your fifth question, if a State em-
ployee or officer attends a seminar and pays the registration
charge, such employee or officer is legally entitled to reim-
bursement for such expense, since the attendance of such
seminar was in the performance of his official duties and
such expense was incurred as a result of State business.
Attorney General's Opinions C-671 (1966), C-761 (19661, C-692
(1966), WW-245 (19571, M-232 (1968).
SUMMARY
State agencies are authorized to sponsor
or conduct seminars or conferences on matters
bearing a reasonable, substantial and direct
relationship to the duties and functions of
such agency, as well as other State agencies
and may make registration charges necessary to
defray the expenses of the seminars or con-
ferences. Where a registration charge is
made, State employees or officers are entitled
to reimbursement of such registration expense,
since such registration expense was incurred as
a result of State business. Such charges are
not public monies and are not to be deposited
in the State Treasury.
n
Prepared by John Reeves
Assistant Attorney General
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Hon. Robert S. Calvert, page 6
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Acting Co-Chairman
Watson Arnold
J. C. Davis
Bob Flowers
Pat Cain
MEADE P. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive,Assistant
NOLA WHITE
First Assistant
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