October 20, 1971 Honorable Jess M. Irwin, Jr. @illiOll No. M-978 Commissioner Texas Rehabilitation Commission Re: Transportation allow- 1301 West 38th Street ante for certain em- Austin, Texas 78705 ployees. Dear Mr. Irwin: Your request for an opinion asked the.following question: Way the Commission, under the -provi- sions of Article V, Section 61, fourth un- numbered paragraph, Senate-Bill No. 11, Regular Session, ‘Sixty-Second Legislature, 1971, set monthly transportation allowances for those employees identified as ‘an em- ployee whose duties customarily require travel within his designated headquarters’ witho’ut the requirement to report bus fares, taxi’ fares, car rentals, and/or mileage for use of personally owned automobiles?” The Travel Regulations Act of 1959 is the.pre- existing law governing payment of travel-expenses. Its Sec. 8, codified as Sec. 8 of Article 6823a, Vernon’s Civil Statutes, reads as follows: “#Anemployee whose duties customarily require travel within his designated head-‘ quarters may be authorized a local trans- portation allowance for this travel. Such allowance, however, shall.never exceed the transportation allowance for use of a pri- vately owned automobile as set.by the Leg- islature in the General Appropriation Acts.” -4769- Honorable Jess Mc Irwin, Jr., page 2 (M-978) The pertinent provisIon of Section 61 of Article V of the.current General Appropriation Act* reads as follows: “Under authority of Chapter 231, General Laws, Page,S23, Acts of the.S6th Legislature, Regular Session, 1959, (Section 8, Article 6823a, Vernon’s Annotated Civil Statutes) the Texas.Rehabilitation Commission is authorized to pay. an employee whose duties.customarily require travel.within his.designated.head- quarters.a local transportation allowance for this,travelr This,monthly trans ortation allowance for the.individual.emp Poyee shall never exceeds the transportation allowance for use of a.privately.owned automobile as set-by the Legislature.in the General.Appro- priation Acts. Said allowance -shall be approved by the State Auditor.” Section 8 of Article 6823a.specifically.limits transportation allowances.within.designated headquarters to that authorized for use-of privately owned.automobilesi Like- wise, the above quoted rider limits.trans ortation allowances to -the allowance authorized for use-of pr Pvately owned auto- mobiles. The transportation allowance for rivately owned automobiles~for the current fiscal year is s .lO per mile. Set Section 12 of:Article V, current Appropriation Act. Therefore, the transportation allowance authorized under Section 61.of Article V ls.limited to $.lO per mile. In other words,-it is our opinion that you are not authorized to set.a flat rate.of transportation allowance in lieu of payment of transportation expenses. ” .SuMMARY Section 61 of Artic1e.V of Senate.Bill No. 11, Acts of the 62nd Legislature5 Regular *Acts 62nd Leg., R.S., 1971, S.B. 11, as.amended by Acts 62nd Leg., 1st C.S., 1971, S.B. 7,. -4770-’ Honorable Jess M. Irwin, Jr., page 3 (M-979) Session, 1971 (General Appropriation Act) does not authorize the payment'of a flat rate of . transportation allowance in lieu of transpor- tation expenses incurred. Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Ivan Williams Roland Allen Mike Stork Ben Harrison SAMMCDANIEL Staff Legal Assistant ALFREDWALKER Executive Assistant NOLAWHITE First Assistant -4771-