No. V-0016 (1947).

• Case Date: January 14, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0016 (1947). 1January 14, 1947Hon. Marshall Harvey, Secretary-TreasurerTexas State Board of Chiropody Examiners1109 Avenue KLubbock, TexasOpinion No. V-16Re: Whether members of the Texas State Board of Chiropody Examiners are entitled to compensation for time taken in travel to and from Board meetings, under the provisions of Article 4574, Chiropody Practice Act.Dear Mr. Harvey: Your request for an opinion dated January 4, 1947, is in substance as follows:

"The question has arisen among members of this Board a number of times as to whether Board members are entitled to compensation for time taken in travel to and from Board meetings.

"In cases of most members of this Board it requires a day or the greater part thereof, to travel to and from such meetings. Under Article 4574, Chiropody Practice Act of Texas provision is made for compensation and expenses while actually engaged in the service of the Board. Would travel to and from be considered 'actually engaged in the service of the Board'?

Article 4574 of the Revised Civil Statutes of the State of Texas provides as follows:

"Each member of the Board shall receive for his services Ten ($10.00) Dollars per day and necessary traveling and incidental expenses while actually engaged in the service of the Board. The Secretary shall receive his necessary expenses for

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services actually performed for the Board, for printing, postage and other expenses necessarily incurred in administering this law shall be paid from the fees received by the Board and all expenses shall be itemized, verified, audited and an account kept thereof by the Secretary of the Board who shall pay the same out of said fees which accrue to it."

Since the statute under consideration provides that the expenses incurred in administering the law shall be paid from the fees received by the Board, your question must be decided on the basis of whether the expense incurred is an authorized one within the purview of the statute. It will be observed from the above statute that the Legislature intended that each member of the Board shall be entitled to "necessary traveling and incidental expenses while actually engaged in the service of the Board." The State Board of Chiropody Examiners is entrusted with the duty of carrying out the provisions of the Chiropody Practice Act and is...