Untitled Texas Attorney General Opinion ( 1966 )

. TISE A~ORNVEY GENERAL 0 EXAS Opinion No. C- 777 Hon. Robert S. Calvert Re: Construction of Section Comptroller of Public Accounts 14 of Article V of House Austin, Texas Bill 12, Acts of the 59th Legislature, Regu- lar Session, relating to rate of transportation allowance to state em- ployees to travel in a Dear Mr. Calvert: rented airplane. Your request for an opinion concerns an expense ac- count claiming reimbursement for payment of rental of an air- plane from the Longhorn Aero Club, Inc.,for travel on official state business. Your request states that the claimant submits the following: 'The Longhorn Aero Club, Inc., is an organiza- tion open to the public upon payment of an initiation fee and certain monthly dues. No one other than members may rent aircraft from said club; however, members are entitled to rental at substantially lower rates than those available from 'commercial insti- tutions'.' Your request further states that the purpose clause of the charter of the Longhorn Aero Club, Inc., reads as fol- lows: "The purposes for which the corporation is organized are to engage in the business of pro- viding aircraft, and all related facilities and equipment, for the use of selected persons, and to engage in the business of dealing generally in airplanes and aircraft of any and all types whatsoever as well as all related equipment and facilities." Subdivision b of Section 14 of Article V of the current General Appropriations Act provides in part: "b . An employee traveling by rented or pub- lic conveyance, or the commercial transportation -372% - . Hon. Robert S. Calvert, page 2 (C-777) company furnishing same, is entitled to a trans- portation allowance equal to the actual cost of necessary transportation for performing official business. This allowance shall not include Fed- eral taxes from which the employee and the State Government are legally exempt. Payment of said transportation allowance may be made by either of the following methods, upon selection by the exec- utive head of the employing State department or agency in advance of authorized official travel: "(1) Where the employee pays for public transportation from his personal funds, receipts for such necessary transportation, excluding re- ceipts for city bus, taxi, or limousine fares in ;i;Fts of Two Dollars and Fifty Cents ($2.50) or , shall be obtained and attached to the em- ployee's expense account when submitted. Receipts as used in this provision shall be evidence that transportation was purchased. "(2) Executive heads of State departments and agencies may request commercial transportation companies to furnish required transportation for official business to designated officials and em- ployees of such departments and agencies upon the presentation to cooperating transportation com- panies of transportation requests approved by the head of the department or agency requesting such transportation. The transportation request shall specify the class of transportation authorized." Since the employee traveled on a rented aircraft, the employee was traveling by "rented...conveyance". Such "rented ...conveyance" was furnished by a corporation engaged in the business of providing aircraft and related facilities. There- fore, such corporation constitutes a commercial company engaged in the business of providing transportation facilities. As such, it is our opinion that the Longhorn Aero Club, Inc., is a com- mercial transportation company within the meaning of Subdivision b of Section 14 of Article V of the current General Appropria- tions Act. Since the employee was traveling by a conveyance rented from a commercial transportation company furnishing same, you are advised that the claim for rental of the aircraft from Longhorn Aero Club, Inc., constitutes a reimbursable claim by a state em- ployee when traveling on official business. -3729- Hon. Robert S. Calvert, page 3 (C-777) SUMMARY ------- A state employee who rents an aircraft for travel on official state business from a cor- poration organized to engage in the business of providing aircraft for the use of selected per- sons is traveling by a rented conveyance fur- nished by a commercial transportation company and is entitled to reimbursement for the actual cost of such transportation. Sec. l&(b), Art. V, H.B. 12, Acts 59th Leg., R.S., 1965. Yours very truly, WAGGONER CARR Attorney General of Texas ./’ By: ,',:';y,~:d,?,' ,&,,. ../.. fL ,/' ohn Reeves ,,,