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                                                                                   -.        598




                  ~OFFiCE    OF THE    ATTORNEY     GENERAL             OF TEXAS
     j
     I                                    AUSTIN
         SROV~RSCLLLRS
                                                                   r.          .
     I   *rrO”NKv OKNLRAL



                                                                                        .’




            Capitol   Statlou.
           -Austin,   Texa.Y




                       “A   state   employee




                                                   In   question         was
                                                   1 eccouut~, and a sup-
                                                    be subtitted     ‘to you,
                                                    nt haa attached to
                                                 as to ~W!IJthe -cons:dcrs
                                               ch’X am fob jec~tlng, should




                     Nelth&    the expcase account accompanyirq yo.iw re-
           quest nor the supportlnz    statement of the enployee.attached
          ‘thereto reveal that auy State business was attended to ic
           Dallas by the enplogee   thou     claim is made for mileege on
           a return trip frzim Las Jqeles      to Austin via Dallas.   Wrther-
           more, the claimant states in hls.letter      of explanation  that,

;;
                        .
                                                                 ..      “8Jcl

                    :                                                 I_ 1

goaomble   George II. Shsppsrd, page 2                                           :



'Thir axpellieaccount inClUd89 only 8ipe59e9'15curr8d out-
aide OS a direct line frm Los A5geles to Austln.n.

           iectioa 2, (12)a, Chapter 400, Act; of the 48th
?.+@slatllF8,one 0r the general provisions    reletlag to de-
partmental apwoprlatioas, provfdes that, "Bo traveling ex-
penses shall b6 claimed, allowed or paid unless iucurred
Uhi18 travelbg 05 State business.”      The sat38laac;uagewas
used in Section 12 of 5. D. 423, Acts 47th LegLslature,, and
bur OpitaioaBo; O-6923 had, this, to, 8~ about its, conatruc-
tion:     ‘. j,
      -.    <,
           ~"Bro&?the expense account'stibtitted, the'trlp
     to Dallas represents a distinct and unexpJained de-
 _'~'
   ,..parture fron any usual or reasonable line of travel
 :: by ~aucoaobile fro3 Am~illo to Austin. fn the ab-
.       'sence of a.stater;?ent of facts showing j, necessity
         for such departure fron a reasoaeble line of travel,
       ,the presmptioo obtains that the departure or side
      ~8XCUlWiO5    was ndt 05 State business, but upon a per-
  ~.‘,‘!.sons1 r&ssion or for reasons personal to the en-
        Qloyear 30 farmas appears fro% the expense-account,
         therefore, the,exponses,dis~llo~~edwere net lacurred                I
         while 05 Stnte business, and the Comptroller was not
        eauchorlzed       but required by law to'refug8 pay-
  %k -.reent.l              .).          ., ,,.'

          Section (12)f of tho~&*eeent Act provides, that," “Ii
the Comptroller is of the opinim that said officer or ercplogee
did not take.the shortest practical route,.ho shall have the
authority and St shall be his duty tomcompute the mileage of
the shortest practical route, between the point cf origin and
destination of each trip via lntemedlate points visited, and
he shall issue his warrant in ra-inbursercent therefor o~the.~.
basis of the above rate."                         .,    .~
           Ye thinlc the Comptroller properly exckised his au-
thority in refusiw this account oo the @oilnd thet the stated
expenses were iacumed outside of the cldlrmnt~s "reasmable
line of travel” or hia “shortest   practical route.'
                                         " Very truQr yours
                                     ATTOR.RXY
                                             GEXZtALOF T?SWl
