Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1959
Status
Published
On the bench
Will Wilson
Cited by
0 cases

The opinion

November 17, 1959

Honorable Robert S. Calvert

?omptroller of Public Accounts

Capitol Station

Austin, Texas

Opinion No. NW-730

Re: Whether the Comptroller

is authorized to pay a

per diem to the Members

of the State Board of

Insurance Commissioners

for services performed

Dear Mr. Calvert: on Saturday.

You have requested an opinion on the following

question:

"Please advise me if I may legally

pass, for payment, out of funds appropria-

ted in H. B. 4, per diem for services

performed on Saturday?"

The payroll submitted with your request is for'per

diem of members of the State Board of Insuranee'for the

Saturdays during the month of September, 1959, which the

members of the State Hoard of Insurance devoted to the dis-

charge of their official duties.

Item 1 of the appropriation to the State Board of

Insurance contained in House Bill 4, Acts of the 56th Legis-

lature, Third Called Session, 1959, Chapter 23, page 442

(General Appropriation Act), reads as follows:

"Board Members at $50 per day . . .'

The first paragraph following the appropriation to

the State Board of Insurance reads as follows:

"From funds appropriated in item 1 above,

the State Board of Insurance Commissioners

shall receive a per diem of not to exceed $50.00

per day for a total of every working day as-de-

fined in this Act, Legal holidays and vacation

. -

Honorable Robert S. Calvert, page 2 (W-730)

time of Board Members shall not be included in

computing the per diem allowance." (Emphasis

ours).

Although the Legislature has used the phrase "working

day as defined in this Act," we fail to find any definition of

a working day in House Bill 4, Acts of the 56th Legislature,,

Third Called Session, Chapter 23, page 442, While "working

day" is not defined, Subdivision (a) of Section 26 of Article

V of House Bill 4 states the office hours of State agencies to

be as follows:

"OFFICE HOURS OF STATE AGENCIES will~be

from 8:OO a.m. to 5~00 p.m., Monday through

Friday of each week except holidays authorized

in this Act. The responsible executive head

will arrange for the State headquarters of each

agency to be open on each Saturday from a:00

a.m. to 12:00 noon with an administrative assist-

ant on duty in order to carry out any business

of the agency. Regular employees of the State

shall work 40 hours a week excenting official

holidays. It is further provided that except-

ions to the minimum length of work week may be

made by the operating head of a State agency for

house parents and other employees whose duties

require them to reside in a State hospital or

institution; for guards, firemen, and other em-

ployees whose services are required for longer

periods in the public interest; and pursuant to

Article II of this Act." (Rnphasis ours).

The first Monday in September, 1959,~was September 7,

1959; and under the provisions of Article~4591 constituted

the only legal holiday during the month of September, 3959.

Likewise, September 7, 1959, was the only legal holiday de-

signated by the current General Appropriation Bill as a legal

holiday under the provisions of Subdivision (b) of Section 26

of Article V.

The payroll submitted with your request does not seek

payment of per diem for September 7, 1959, nor is the period

covered by the payroll designated to be "vacation time of

Board members,"

Since "working day" is not defined in the Current

General Appropriation Bill and the executive head of each

agency is directed to arrange for the State headquarters of

such agency to be open on each Saturday, andrnne of the days

Honorable Robert S. Calvert, page 3 (WW-730)

set forth in the payroll submitted with your request fall on

a legal holiday or "vacation time of Board members," you are

advised that under the facts submitted, the payroll subm!tted

with your request Is due and payable.

SUMMARY

Members of the State Board of Insurance

are entitled to a per diem not to ex-

ceed Fifty Dollars ($50) per day for

each day devoted to the discharge of

their official duties including Satur-

days, except legal holidays and "vaca-

tion time of Board members."

Yours very truly,

WILL WILSON

Attorney General of Texas

John Reeves

Assistant

JR:mfh

APPROVED:

OPINION COMMITTEE

C. K. Richards, Chairman

Robert Shannon

Tom I. McFarling

Linward Shivers

Joe Allen Osborn

REVIEWED FOR THE ATTORNEY GENERAL

BY: W. V. Geppert

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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