Texas Attorney General Opinion: M-939A Page: 3 of 4
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Hon. Robert S. Calvert, page 3
ployees traveling on out-of-State business. When both in-State
and out-of-State travel occur during the same calendar day, the
formula of Sec. 13(b) is not applicable, and the employee's ex-
pense allowance shall be computed in accordance with Sec. 13(a)
as if his entire day had been spent on out-of-State travel.
SUMMAR Y
(1) Our Opinion No. M-939 is modified insofar
as that Opinion deals with the applicability of the
formula defining "day" found in Sec. 13(b) of Article
V of the current General Appropriation Bill (S.B. 11,
Acts 62nd Leg., R.S., 1971, as amended by S.B. 7, Ist
C.S., 62nd Leg., 1971) to employees traveling on out-
of-State business.
(2) State employees traveling on out-of-State
business are not subject to the formula of Sec. 13(b)
defining "day". They are to be reimbursed for their
actual travel expenses, not to exceed $35.00 per day,
in accordance with Sec. 13(a).
(3) State employees traveling on in-State business
are subject to the formula of Sec. 13(b) defining "day"
and, in lieu of their actual expenses, are to receive
a flat, per diem rate not to exceed $16.00 per day, to
be computed in consonance with the formula of Sec. 13
(b).
(4) State employees engaging in both in-State
and out-of-State travel on the same calendar day are
not subject to the formula of Sec. 13(b). Their ex-
penses are to be computed as if they had been on out-
of-State travel the entire day..y General of Texas
-4794-
(M-939-A)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-939A, text, November 1, 1971; (https://texashistory.unt.edu/ark:/67531/metapth270169/m1/3/: accessed July 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.