Untitled Texas Attorney General Opinion ( 1967 )

- . Commissioner Jim C. Langdon Opinion No. M- 121 Chairman Railroad Commission of Texas Re: Whether employees of Austin, Texas the Texas Railroad Commission may be paid travel expense In con- nection with attending dedlcatlon ceremonies sponsored by the Texas State Hlatorical Sur- Dear Mr. Langdon: vey Committee You have requested our opinion on whether the State can legally’pay the expenses of a State employee who attended the dedication ceremoniee sponsored by the Texas State Historical Survey Committee. You stated, In your request that a representa- tive of the Railroad Commission was requested to be present at the dedication ceremonies commemorating the ea~rlg oil industry and that the Commlsslon designated one of Its employees to attend the dedication ceremony and represent the Commission, The Legislature created the Texas State Historical Survey Committee for the purpose of providing leadership and co-ordl- nation services In the field of historical preservation. The Texas State Historical Survey Committee was declared to be a State agency by Section 1 of Senate Bill 426, Acta 55th Legls- lature, 1957, Re ular Seaelon, Chapter 500, page 1460, now codi- fied aa Article f 145, Vernon’: Cb-JiLStatutes. Section 9 of Article 6145 provides that the Committee shall give direction and co-ordination to the State historical marker program, and shall continue to aaalst and advise the State Building Commission with regard to proper memorials and monu- ments to be erected, repaired, and removed to new locations, and selections of sites therefor, and the locating and marking of graves. Section 10 of Article 6145 provides that the Committee shall work with the State Highway Department, Texas State Parks Board, and all other State agenclea and Institutions with interests or responsibilities fn this field, In the development of mutual objectives. - 551 - Hon. Jim C. Langdon, page 2 (M- 121) ‘phe, Hlstor$cal Survey Commlttee was’approptilated $159,904.00 by the 59th Legislature to caFry out It& autics which Included expenses for travel in connection with dedication of historical markers. The declared Intent of the Lirgl&laIJure as sct:oUt ;above In Section 10 of Article 6145 $a that all State agencies shall co- operate and assist the Historical Survey Cominlttee In carrying out the duties imposed upon It by the Legislature. In sending a representative from the Railroad Commlsslon, either a‘Commlsslon- er or an employee, to attend a dedicated ceremong’as requested by the Survey Committee and tipon their Invitation, the Railroad Commission was only complying with the mandatory Intent of the Legislature In co-operating with the Hlstorlcal Survey Committee. The sole reason for attending the dedication ceremonies was to represent the Railroad Commission at ,thc ceremonies as requested by the Survey Committee and,to, co-operate with the Survey Committee as required by Article 6145. Therefore, it Is the opinion ,of this office that a deslg- nated State employee who.represents his agency in attending a dedication ceremony sponsbrcd by the Historical Survey Committee Is engaged in State business and IS entitled to re- ceive his expenses in accordance with existing statutes. SUMMARY A designated State employee who attends a dedl- cation ceremony sponsored by the. Texas Historical Survey Committee Is engaged In State business and is therefore entitled to receive his expenses in accord- anceG with existing statutes. truly yours, Y ,Prepared by Llnward Shivers Assistant Attorney General Ls:km - 552 - Hon. Jim C. Langdon, page 3 (M- 121) APPROVED: OPINIONCOMMITTEE A.J. Carubbi, Jr., Chairman Staff Legal AsSi8tant w.0. Shultz , Co-Chairman John Reeves Paul Martin John Qrace Ray McCtregor - 5.53 -