CHAPTER 660. TRAVEL EXPENSES

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GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 660. TRAVEL EXPENSES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 660.001. SHORT TITLE. This chapter may be cited as the

Travel Regulations Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 660.002. DEFINITIONS. In this chapter:

(1) "Appropriated funds" means funds appropriated under the

General Appropriations Act.

(2) "Board" means a board, commission, committee, council,

governing body, or similar entity in the executive, legislative,

or judicial branch of state government that is composed of two or

more members.

(3) "Cancellation charge" means a fee, charge, or payment that a

provider of travel services assesses or retains because of the

cancellation of a travel reservation or other travel plan.

(4) "Chief administrator of a state agency" means:

(A) an elected state official, including a member of a board

whose membership is elected by vote of the people but excluding a

member of the legislature;

(B) an appointed state official, including an individual whose

appointment as a state official has not yet been confirmed by the

senate;

(D) the chief administrator of a state hospital or special

school;

(E) the chief administrator of an institution of higher

education;

(F) a first assistant, chief deputy, chief clerk, or similar

individual employed by a state agency who is specifically

authorized by law to act for the individual's superior; and

(G) the individual who has the daily responsibility for managing

the operations of a state agency that is governed by a part-time

board.

(5) "Commercial lodging establishment" means:

(A) a motel, hotel, inn, apartment, house, or similar

establishment that provides lodging to the public for pay; or

(B) a person or establishment that provides lodging for pay that

the comptroller determines to have a sufficient number of the

characteristics of a commercial lodging establishment for

purposes of this chapter.

(6) "Commercial transportation company" means a person that

offers to the public to transport people or goods for pay.

(7) "Designated headquarters" means:

(A) the area within:

(i) the boundaries of the incorporated municipality in which the

state employee's place of employment is located; or

(ii) a five-mile radius of the state employee's place of

employment, if the state employee's place of employment is

located within an unincorporated area; and

(B) any area completely surrounded by the incorporated

municipality in which the state employee's place of employment is

located.

(8) "Disability" means a physical or mental impairment of an

individual that substantially limits one or more major life

activities of the individual.

(9) "Duty point" means the destination, other than a place of

employment, to which a state employee travels to conduct official

state business. If the destination is outside the employee's

designated headquarters, the duty point is:

(A) the incorporated municipality in which the destination is

located; or

(B) the area within a five-mile radius of the destination if the

destination is located in an unincorporated area.

(10) "Incidental expense" means an expense incurred while

traveling on official state business. The term includes a

mandatory insurance or service charge and an applicable tax. The

term does not include:

(A) a meal, lodging, or transportation expense, including a tax

on a meal;

(B) a personal expense;

the person is traveling on official state business; or

(D) a tip or gratuity.

(11) "Institutional funds" has the meaning assigned by Section

51.009, Education Code.

(12) "Institution of higher education" has the meaning assigned

by Section 61.003, Education Code.

(13) "Key official" means a chief administrator of a state

agency or a person holding a position that has been designated as

exempt from the position classification plan in accordance with

the General Appropriations Act or by the governor under Chapter

654.

(14) "Lease" means a contract with a term of at least one month

that gives the lessee possession and use of property or equipment

while the lessor retains ownership of the property or equipment.

(15) "Place of employment" means the office or other location at

which a state employee most frequently conducts official state

business.

(16) "Prospective state employee" means an individual that a

state agency considers for employment with the agency. The term

includes a state employee of a state agency who is considered for

employment by another state agency.

(17) "Receipt" means the tangible or electronically stored

version of an invoice, ticket, bill, document, or other item that

the comptroller accepts as proof that a travel expense has been

incurred by a state employee.

(18) "Rented or public conveyance" means a motor vehicle, train,

aircraft, boat, or bicycle that a state employee rents or pays a

fare to use for a period of less than one month.

(19) "State agency" means:

(A) a unit of state government that uses appropriated funds to

pay or reimburse a travel expense of a state employee;

(B) the Teacher Retirement System of Texas; or

(20) "State employee" means a person employed by a state agency.

The term includes a key official unless this chapter specifically

provides otherwise.

(21) "Travel expense" means a meal, lodging, transportation, or

incidental expense.

(22) "Unit of state government" includes an institution of

higher education.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 1, eff.

Sept. 1, 1997.

Sec. 660.003. APPLICABILITY. (a) This chapter, the General

Appropriations Act, and the rules adopted by the comptroller

under this chapter govern the procedures, amounts, timing,

limits, required documentation, permissible payees, distinctions

among different types of state employees, and all other details

concerning travel expense payments or reimbursements by a state

agency.

(b) Except as provided by Subsections (c) and (d), this chapter

and the travel provisions of the General Appropriations Act apply

to a travel expense only to the extent that appropriated funds

are used to pay or reimburse the expense.

Appropriations Act apply to a travel expense paid or reimbursed

by the Employees Retirement System of Texas or the Teacher

Retirement System of Texas, regardless of whether the funds used

to make the payment or reimbursement are appropriated funds.

(d) A law outside this chapter that states that this chapter,

the travel provisions of the General Appropriations Act, or both,

apply to a travel expense prevails over a provision to the

contrary in this chapter.

(e) A state agency may pay or reimburse a travel expense only

if:

(1) the expense is reasonable and necessary;

(2) the purpose of the travel clearly involves official state

business and is consistent with the agency's legal authority;

(3) the expense and the travel during which the expense is

incurred comply with:

(A) this chapter;

(B) the rules adopted by the comptroller under this chapter; and

(4) for travel outside the state, the travel is approved in

advance in accordance with the policy of the state agency that

proposes to pay or reimburse the expense.

(f) A travel expense may be paid or reimbursed according to the

requirements of an applicable federal law or regulation, and this

chapter does not apply to the extent necessary to avoid conflict

with an applicable federal law or regulation.

(g) A state agency may pay or reimburse a travel expense for the

rental, lease, or operation of aircraft only if the

transportation under the rental, lease, or operation meets the

criteria provided by Section 2205.036.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 2, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 280, Sec. 1, eff. Sept.

1, 1999.

Sec. 660.004. TRAVEL EXPENSES PAID OR REIMBURSED BY INSTITUTIONS

OF HIGHER EDUCATION. (a) This chapter does not apply to a

travel expense to the extent an institution of higher education

pays or reimburses the expense from institutional funds.

(b) The governing board of an institution of higher education

shall adopt rules as necessary to administer and control travel

expense payments and reimbursements that are exempt from this

chapter under Subsection (a).

Leadership Institute of The University of Texas of the Permian

Basin may be used to pay for costs associated with the

institute's educational programs for public secondary and

university-level students, including registration fees, ground or

air transportation, lodging, meals, training costs, and related

expenses.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 3, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

585, Sec. 1, eff. September 1, 2009.

Sec. 660.005. MAXIMUM TRAVEL EXPENSES. The maximum amount a

state agency spends for travel expenses during a fiscal year may

not exceed any limitation on total agency travel expenses

provided by the General Appropriations Act.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 2, eff. Sept. 1,

1999.

Sec. 660.006. TRAVEL OF PROSPECTIVE STATE EMPLOYEES. (a) A

state agency that provides advance authorization to a prospective

state employee to visit the agency for an interview or other

employment evaluation may:

(1) reimburse the prospective state employee for a travel

expense incurred as a result of visiting the agency; or

(2) pay a vendor for a travel expense incurred by the

prospective state employee as a result of visiting the agency.

(b) A state agency shall treat a prospective state employee as a

state employee for the purposes of reimbursing or paying a travel

expense of the prospective state employee. The amount of the

payment or reimbursement is limited to the amount that may be

paid or reimbursed for travel expenses incurred by an individual

who holds the position for which the prospective state employee

is being considered.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.007. CONSERVATION OF FUNDS. (a) A state agency shall

minimize the amount of travel expenses paid or reimbursed by the

agency. The agency shall ensure that each travel arrangement is

the most cost effective considering all relevant circumstances.

(b) A state agency may specify a travel expense payment or

reimbursement rate that is less than the maximum rate specified

in this chapter or the travel provisions of the General

Appropriations Act. The lower rate applies only to a travel

expense incurred after the agency has notified the affected

individuals in writing about the rate. The agency is solely

responsible for enforcing the rate.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.008. TRAVEL EXPENSES INCURRED WHILE ON LEAVE. A state

agency may pay or reimburse a state employee for a travel expense

the employee incurs while using personal or compensatory leave

if:

(1) the leave is used while the employee is away from the

employee's designated headquarters;

(2) the primary purpose of the employee's being away is to

conduct official state business; and

(3) the agency determines that returning the employee to the

employee's designated headquarters while using the leave would

not be cost effective or would be impracticable.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.009. INABILITY TO PERFORM OFFICIAL STATE BUSINESS. A

state agency may pay or reimburse a state employee for a travel

expense the employee incurs as a result of attempting to conduct

official state business if:

(1) the employee is unable to conduct the business because of a

natural disaster or other natural occurrence; and

(2) the expense would be payable or reimbursable had the

official state business been conducted.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.010. TRAVEL EXPENSES INCURRED TO OBTAIN MEDICAL CARE.

As additional compensation to a state employee, a state agency

may pay or reimburse the employee for a travel expense the

employee incurs while obtaining medical care for the employee if:

(1) the expense is incurred outside the employee's designated

headquarters;

(2) the purpose of the employee traveling outside the employee's

designated headquarters was to conduct official state business;

(3) waiting to receive the care until the employee returns to

the employee's designated headquarters would be unreasonable; and

(4) the expense is paid or reimbursed only to the extent it

would have been paid or reimbursed had it been incurred while

conducting official state business.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.011. TRAVEL EXPENSES INCURRED TO ATTEND FUNERAL. As

additional compensation to a state employee, a state agency may

reimburse the employee for or pay a travel expense the employee

incurs while attending the funeral of an individual who was a

state employee, a board member, or a member of the legislature

if:

(1) the agency determines that the employee's attendance at the

funeral is appropriate under the circumstances; and

(2) the expense is paid or reimbursed only to the extent it

could have been paid or reimbursed had it been incurred while

conducting official state business.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.012. TRAVEL EXPENSES INCURRED RETURNING TO DESIGNATED

HEADQUARTERS. (a) A state agency that requires a state employee

on personal or compensatory leave to return to the employee's

designated headquarters from another location may pay or

reimburse the employee for a travel expense incurred by the

employee while traveling to the headquarters. The agency may pay

or reimburse a travel expense incurred by the employee while

traveling back to the location at which the employee was staying

while on leave or, when appropriate, to the proper location on

the employee's itinerary, if the employee resumes the leave.

(b) A state agency may pay or reimburse a state employee for a

travel expense incurred when the employee returns, before

official state business is completed, from a duty point to the

employee's designated headquarters because of an illness or a

personal emergency.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.013. TRAVEL EXPENSES INCURRED BY EMPLOYEES OF OTHER

AGENCIES. A state agency may pay or reimburse a travel expense

incurred by another state agency's employee if the employee

incurred the expense while providing services to the paying or

reimbursing agency.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.014. PAYMENTS TO CREDIT CARD ISSUERS AND TRAVEL AGENTS.

(a) If a state agency may directly pay a commercial lodging

establishment or a commercial transportation company under this

chapter, the agency may instead pay a credit card issuer or a

travel agency for the lodging or transportation.

(b) The documentation required for direct payment to a

commercial lodging establishment or commercial transportation

company is also required for payment to a credit card issuer or a

travel agency.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.015. CANCELLATION CHARGES. A state agency may pay or

reimburse a state employee for a cancellation charge if:

(1) the charge is incurred for a reason related to official

state business or to official state business that could not be

conducted because of a natural disaster or other natural

occurrence; or

(2) the charge is:

(A) related to a transportation expense that was paid in advance

to obtain lower rates; and

(B) incurred because the employee was unable to use the

transportation because of an illness or a personal emergency.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.016. PROHIBITION AGAINST ACCEPTING MONEY OR TRAVEL

EXPENSE REIMBURSEMENTS FROM CERTAIN PERSONS. (a) Unless

authorized by law, a state employee may not accept money for

wages or for a travel expense reimbursement from a person that

the employee's employing state agency intends to audit, examine,

or investigate or is auditing, examining, or investigating.

(b) A state employee who violates Subsection (a) shall forfeit

the money or travel expense reimbursement to the state.

prohibitions, penalties, and forfeitures imposed or required by

other law.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.017. EXCESS REIMBURSEMENTS. A state employee who

receives a reimbursement for a travel expense that exceeds the

amount the employee may receive under this chapter or the travel

provisions of the General Appropriations Act shall immediately

return the amount of the excess.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.018. MULTIPLE ADVANCES OR REIMBURSEMENTS FOR A TRAVEL

EXPENSE. A state employee may not accept a reimbursement or

advance for a travel expense from more than one source. A state

employee who anticipates receiving or actually receives a

reimbursement or advance for a travel expense from a person other

than a state agency may seek an advance or reimbursement for the

expense from a state agency only to the extent that the amount of

the employee's advance or reimbursement from the other source is

less than the amount of the total expense incurred.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 4, eff. Sept. 1,

1997.

Sec. 660.019. DEADLINE FOR REIMBURSING EXPENSES. (a) Except as

provided by Subsection (b), not later than the 45th day after the

date a state employee submits a request for reimbursement of

travel expenses, a state agency shall reimburse the state

employee for reimbursable travel expenses incurred by the state

employee if the state employee submits the request for

reimbursement in accordance with:

(1) the state agency's policies and procedures for travel

expense reimbursement; and

(2) state travel rules.

(b) If there is a bona fide dispute between the state agency and

the state employee relating to the travel expenses, the state

agency shall reimburse the state employee for reimbursable travel

expenses incurred by the state employee not later than the 30th

day after the date the dispute is resolved.

Added by Acts 2007, 80th Leg., R.S., Ch.

551, Sec. 1, eff. June 16, 2007.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 660.021. RULES. The comptroller shall adopt rules for the

effective and efficient administration of this chapter and the

travel provisions of the General Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 5, eff.

Sept. 1, 1997.

Sec. 660.024. ADVANCE APPROVAL FOR CERTAIN INTERNATIONAL TRAVEL.

(a) The chief administrator of a state agency must give advance

written approval for any travel related to official state

business for which a reimbursement for travel expenses is claimed

or for which an advance for travel expenses to be incurred is

sought. The advance written approval may be communicated

electronically.

(b) Subsection (a) applies to a travel expense only if it is

incurred while traveling to, in, or from a destination that is

not in:

(1) the United States;

(2) a possession of the United States;

(3) Mexico; or

(4) Canada.

employee of the agency to provide the approval required by this

section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 6, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 1, eff. September 1, 2009.

Sec. 660.025. ADVANCE PAYMENT PROCEDURE. (a) The comptroller

by rule shall establish a procedure by which travel expense money

may be advanced to a state employee. The procedures must be

consistent with Section 403.248.

(b) Money may not be advanced to a state employee for a travel

expense unless the expense is payable or reimbursable under this

chapter, the travel provisions of the General Appropriations Act,

and the rules adopted by the comptroller under this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 7, eff.

Sept. 1, 1997.

Sec. 660.027. VOUCHERS. (a) The comptroller may issue a

warrant or initiate an electronic funds transfer to pay or

reimburse a travel expense only if a state agency submits to the

comptroller a voucher that requests the payment or reimbursement.

(b) A voucher submitted under Subsection (a) is valid only if:

(1) the state agency submitting the voucher approves it in

accordance with Chapter 2103 and, if required by law, certifies

the voucher; and

(2) the state employee who incurred the travel expense or, if

the employee is unavailable, another individual acceptable to the

comptroller approves the description, information, and

documentation required by Subsection (d) in writing or

electronically, except that the employee's approval is not

required if another person is required by law to provide the

approval.

the form adopted by the comptroller. The comptroller may require

the voucher to be submitted electronically as authorized by

Chapter 2103.

(d) A voucher must be supported by:

(1) a description of the official state business performed; and

(2) the information and documentation that the comptroller

considers necessary for the comptroller to determine compliance

with this chapter, the travel provisions of the General

Appropriations Act, and the rules adopted by the comptroller

under this chapter.

(e) The comptroller may require a state agency to provide to the

comptroller the description, information, and documentation

required under Subsection (d):

(1) on the form adopted by the comptroller under Subsection (c);

(2) electronically;

(3) by submitting receipts or other documents; or

(4) by any combination of Subdivisions (1), (2), and (3).

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 8, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 2, eff. September 1, 2009.

Sec. 660.028. AUDITS. (a) The comptroller shall audit a

voucher either before or after the comptroller issues a warrant

or initiates an electronic funds transfer in response to the

voucher. The audit must be conducted in accordance with Sections

403.011(12), 403.071, and 403.079.

(b) If the comptroller audits a state agency's voucher after the

comptroller issues a warrant or initiates an electronic funds

transfer in response to the voucher, the comptroller may require

the agency to maintain in its files the description, information,

and documentation relating to the travel expense paid or

reimbursed by the voucher until the comptroller audits the

voucher.

without first submitting a voucher to the comptroller, the

comptroller may audit the payment or reimbursement for compliance

with this chapter and the travel provisions of the General

Appropriations Act. The comptroller may report the results of

the audit to the governor, the lieutenant governor, the speaker

of the house of representatives, the state auditor, and the

Legislative Budget Board. The state agency shall cooperate with

the comptroller and make available the description, information,

and documentation required by the comptroller at the time and in

the manner required by the comptroller.

(d) The comptroller may require a state agency to maintain in

its files the description, information, and documentation

regarding a travel expense payment or reimbursement for the

period required by the comptroller.

(e) The comptroller may require or authorize the description,

information, and documentation relating to a travel expense

payment or reimbursement to be maintained in paper form or

electronically.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 8, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 3, eff. September 1, 2009.

Sec. 660.029. KNOWLEDGE OF TRAVEL PROCEDURES. (a) A state

agency shall instruct its state employees about this chapter, the

travel provisions of the General Appropriations Act, and the

rules adopted by the comptroller under this chapter.

(b) A state agency's failure or inability to instruct a state

employee as required by Subsection (a) does not excuse or justify

the employee's failure to comply with applicable laws or rules.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 8, eff. Sept. 1,

1997.

Sec. 660.030. EXAMINATION OF VOUCHERS AND EXPENSE REIMBURSEMENT

FORMS. (a) In this section, "travel expense" includes tuition

and fees for training, seminars, and conferences.

(b) The comptroller periodically shall examine the vouchers and

other expense reimbursement forms submitted by a state agency for

payment of a travel expense payable under this chapter to

determine compliance with Section 660.003(e) and:

(1) whether the travel expenses were incurred in the conduct of

official state business;

(2) whether the state-business-related activities conducted

during the travel were necessary to perform the state business;

(3) whether the travel was necessary to perform the state

business conducted; and

(4) in a case in which vouchers or other expense reimbursement

forms have been submitted for more than one individual for the

same or similar travel, whether the number of individuals

traveling was necessary to perform the state business.

travel vouchers and other expense reimbursement forms.

(d) This section does not apply to a travel expense described by

Subchapter H. This subsection does not exempt a travel expense

under Subchapter H from an audit required by Section 660.028.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 3, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 20, eff.

Sept. 1, 2003.

SUBCHAPTER C. TRANSPORTATION BY PERSONAL MOTOR VEHICLE

Sec. 660.041. REIMBURSEMENT REQUIREMENT. (a) A state employee

is entitled to be reimbursed as provided by this subchapter for

the employee's use of a personally owned or leased motor vehicle.

(b) A state employee may not be reimbursed under this subchapter

for an expense other than mileage, tolls, and parking.

in traveling between the employee's residence and place of

employment in a personally owned or leased motor vehicle unless

the travel:

(1) is necessitated by extraordinary circumstances; and

(2) occurs outside the hours the employee is working.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 9, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 280, Sec. 4, eff. Sept.

1, 1999.

Sec. 660.042. AMOUNT OF REIMBURSEMENT. A mileage reimbursement

may not exceed the product of:

(1) the applicable mileage reimbursement rate as established by

the legislature in the travel provisions of the General

Appropriations Act; and

(2) the number of miles traveled as limited by this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 9, eff.

Sept. 1, 1997.

Sec. 660.043. DETERMINATION OF REIMBURSABLE MILEAGE. (a) The

number of miles traveled that are eligible for reimbursement

under this subchapter may not exceed the number of miles of the

most cost-effective reasonably safe route between the origin of

the state employee's travel and the final duty point of the state

employee. If a state employee conducts official state business

at duty points between the origin of the state employee's travel

and the final duty point, the most cost-effective reasonably safe

route between the origin and the final duty point shall include

the intermediate duty points.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 1

(b) In determining the most cost-effective reasonably safe route

for purposes of Subsection (a), a state agency may consider:

(1) the route that provides the shortest distance between the

origin of the state employee's travel and the final duty point;

(2) the route that provides the quickest drive time between the

origin of the state employee's travel and the final duty point;

and

(3) the route that provides the safest road conditions between

the origin of the state employee's travel and the final duty

point.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 4

(b) For the purpose of Subsection (a), the shortest route

between two points is presumed to be the most cost-effective

route. A longer route may be considered the most cost-effective

route only if:

(1) the documentation states that the longer route is more cost

effective;

(2) the documentation provides a reasonable justification for

that statement; and

(3) the statement and justification are made by the chief

administrator of the state agency making the reimbursement or by

the chief administrator's designee.

reimbursement under this subchapter may be determined by an

employee's vehicle odometer reading or by a readily available

electronic mapping service.

Text of subsection as repealed by Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 3

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 4

Without reference to the amendment of this subsection, this

subsection was repealed by Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 3, eff. September 1, 2009.

(d) If the number of miles between points is not shown in the

guide, the mileage incurred while traveling between those points

is not reimbursable unless:

(1) the documentation itemizes the mileage on a point-to-point

basis; and

(2) the mileage is reasonable.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 9, eff.

Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 4, eff. September 1, 2009.

Sec. 660.044. USE OF SINGLE MOTOR VEHICLE BY MULTIPLE EMPLOYEES.

(a) If two, three, or four state employees who are employed by

the same state agency travel on the same dates with the same

itinerary to conduct the same official state business, only one

of the employees may be reimbursed for mileage.

(b) If more than four state employees who are employed by the

same state agency travel on the same dates with the same

itinerary to conduct the same official state business, a state

agency may reimburse for mileage only on the basis of one motor

vehicle for each four employees and for any fraction in excess of

a multiple of four employees.

employees if the chief administrative officer of the state agency

that employs the employees determines before travel that it is

not feasible for the employees to travel together in the same

motor vehicle. This determination may be made only for reasons

related to official state business.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 9, eff.

Sept. 1, 1997.

SUBCHAPTER D. TRANSPORTATION BY PERSONAL AIRCRAFT

Sec. 660.071. REIMBURSEMENT REQUIREMENT. A state employee, a

key official, a member of a board, or a member of the legislature

is entitled to be reimbursed as provided by this subchapter for

use of an aircraft owned or leased by the employee, official, or

member.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 5, eff.

Sept. 1, 1999.

Sec. 660.072. AMOUNT OF REIMBURSEMENT. A reimbursement under

this subchapter may not exceed the product of:

(1) the aircraft mileage reimbursement rate established in the

travel provisions of the General Appropriations Act; and

(2) the highway mileage between the designated headquarters and

duty point of the state employee, key official, or member of a

board.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.073. AIRCRAFT MILEAGE REIMBURSEMENT RATE. The travel

provisions of the General Appropriations Act may establish

different aircraft mileage rates:

(1) for travel in:

(A) a single-engine aircraft;

(B) a twin-engine aircraft; and

(2) for travel by:

(A) a state employee;

(B) a key official;

(D) a member of the legislature.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.074. GROUP TRAVEL. (a) This section applies only if a

key official, member of a board, or member of the legislature

travels with another official or member in an aircraft owned or

leased by the other official or member.

(b) In addition to the amount entitled to be reimbursed under

Section 660.071, the key official, member of a board, or member

of the legislature who owns or leases the aircraft is entitled to

an amount equal to the amount that would have been paid or

reimbursed to each passenger had the passenger incurred the

contract airfare, if the passenger's agency is subject to rules

adopted under Section 2171.055, or the average coach airfare, if

the passenger's agency is not subject to those rules, instead of

traveling on the aircraft. The total reimbursement to the

official or member may not exceed the total cost of the trip.

be paid to the vendor providing the leased aircraft instead of

the lessee.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 5, eff.

Sept. 1, 1999.

Sec. 660.075. AIRCRAFT LEASED FROM CERTAIN PERSONS. A key

official, member of a board, or member of the legislature is

entitled to reimbursement under this subchapter for use of an

aircraft leased from a proprietorship, partnership, or

corporation in which the official or member has an interest.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 280, Sec. 5, eff.

Sept. 1, 1999.

SUBCHAPTER E. TRANSPORTATION BY RENTED OR PUBLIC CONVEYANCE

Sec. 660.091. GENERAL PROVISION. A state agency shall pay as

provided by this subchapter the expense of transporting a state

employee by rented or public conveyance in the course of

conducting state business.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.092. PAYMENT AND REIMBURSEMENT METHODS. (a) A state

agency may pay an expense under this subchapter by:

(1) reimbursing the employee as provided by Subsection (b);

(2) directly paying the expense as provided by Subsection (c);

(3) directly paying the expense in advance of travel as provided

by Subsection (d).

(b) If a state agency reimburses a state employee, the agency

shall submit receipts to the comptroller on request in the manner

required by the comptroller. A state agency is not required to

submit receipts for mass transit, taxi, or limousine fares.

company to furnish transportation to the agency's state employees

and to bill the agency monthly for that transportation. The state

agency shall require the company to submit an invoice to the

agency listing the points of origin and destination for each trip

and the taxes charged. The agency shall submit those invoices to

the comptroller on request and in the manner required by the

comptroller.

(d) A state agency may directly pay a commercial transportation

company before the travel of a state employee if the payment

would result in a lower transportation expense. The comptroller

may adopt rules that authorize advance payments in other

circumstances.

(e) If a reimbursement to a state employee for a transportation

expense would not be authorized, a direct payment to a commercial

transportation company for the same expense is prohibited.

(f) A state agency may not pay or reimburse the expense of

transporting a state employee by rented or public conveyance if

the transportation is provided by a person who is not a

commercial transportation company.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.093. COMMERCIAL AIR TRANSPORTATION. The amount that a

state agency pays or reimburses for a state employee to travel

between points by commercial airline may not exceed the lowest

rate available. First class airfare may be paid or reimbursed

only if it is the only available airfare. Business class airfare

may be paid or reimbursed only if a lower airfare is not

available.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.094. LIMOUSINE TRANSPORTATION. A state agency may pay

for or reimburse a state employee for travel by limousine only if

it is the least costly transportation available considering all

relevant circumstances.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 6, eff. Sept. 1,

1999.

SUBCHAPTER F. MEAL, LODGING, AND INCIDENTAL EXPENSES

Sec. 660.111. REIMBURSEMENT REQUIREMENT. A state employee is

entitled to be reimbursed as provided by this subchapter for a

meal, lodging, or incidental expense incurred by the employee.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.112. AMOUNT OF REIMBURSEMENT. A reimbursement under

this subchapter may not exceed:

(1) the limits established by the travel provisions of the

General Appropriations Act for meal and lodging expenses; and

(2) the amount of incidental expenses actually incurred by the

state employee.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.113. RESTRICTED REIMBURSEMENTS. (a) A state agency

may not reimburse a state employee for a lodging expense incurred

at a place that is not a commercial lodging establishment.

(b) A state agency may not reimburse a state employee for a meal

or lodging expense the employee incurs while traveling outside

the employee's designated headquarters for less than six

consecutive hours unless the employee is a chief administrator of

a state agency or the travel provisions of the General

Appropriations Act authorize the reimbursement.

expense incurred within the employee's designated headquarters

unless the expense is:

(1) mandatory; and

(2) connected with training, a seminar, or a conference.

(d) A state agency may reimburse a state employee for a meal

expense incurred while traveling without an overnight stay away

from the employee's designated headquarters only if the chief

administrator of the agency authorizes the reimbursement.

(e) A state agency may not reimburse a state employee for the

purchase of an alcoholic beverage, unless the employee is a peace

officer who purchased the beverage as a purchase of evidence in

an administrative or criminal case.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.114. DIRECT PAYMENTS TO COMMERCIAL LODGING

ESTABLISHMENTS. (a) A state agency may request that a

commercial lodging establishment bill the agency directly for a

lodging expense. A state agency shall submit receipts regarding

the expense to the comptroller on request in the manner required

by the comptroller.

(b) If a direct payment to a commercial lodging establishment is

authorized under this section, any meal expenses incurred at the

establishment may be paid directly to the establishment. A state

agency shall submit receipts about the expenses to the

comptroller on request in the manner required by the comptroller.

expense would not be authorized, a direct payment to a commercial

lodging establishment for the expense is prohibited.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.115. RECEIPTS. (a) Except as provided by Subsections

(b) and (c), a state employee who requests reimbursement for a

lodging expense must submit a lodging receipt to the comptroller

at the time and in the manner required by the comptroller.

(b) A chief administrator of a state agency who is not a member

of a board is not required to submit a lodging receipt to the

comptroller.

receipt to the comptroller if:

(1) the membership of the board is elected by vote of the

people; or

(2) the member serves on the board full-time and is paid a

salary for that service.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.116. HOTEL OCCUPANCY AND SIMILAR TAXES. (a) A state

employee is entitled to be reimbursed for a state, county, or

local hotel occupancy tax or any similar tax imposed by a law of

this state, another state, or a foreign nation.

(b) A state employee is entitled to be reimbursed for a hotel

occupancy or similar tax from which the employee is legally

exempt only if the employee properly claims the exemption and the

commercial lodging establishment refuses to honor the exemption.

establishment under Section 660.114, the agency may directly pay

a hotel occupancy or similar tax to the establishment.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.117. APARTMENT OR HOUSE RENTAL EXPENSES. An apartment

or house rental expense may be reimbursed or paid only if:

(1) the purpose of the rental is the conservation of funds; and

(2) the reimbursement or payment and the rental comply with the

rules adopted by the comptroller under this chapter.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.118. INCIDENTAL EXPENSES. A state agency may reimburse

a state employee for an incidental expense incurred by the

employee only in accordance with rules adopted by the comptroller

under this chapter.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

SUBCHAPTER G. SPECIAL TRAVEL EXPENSE PROVISIONS

Sec. 660.141. REIMBURSEMENT IN CERTAIN CIRCUMSTANCES INVOLVING

LOWER AIRFARES. The comptroller by rule shall allow extra travel

time to be claimed for computation of reimbursable travel

expenses if a state employee obtains an airfare that is lower

than the fare that would have been paid for travel for the same

purpose but for a shorter period pursuant to this chapter, the

result is a cost saving to the state, and the employee's

additional absence is determined by the employing agency not to

be detrimental.

Amended by Acts 1999, 76th Leg., ch. 280, Sec. 7, eff. Sept. 1,

1999.

Sec. 660.142. BOARD MEMBERS. This chapter applies to a payment

or reimbursement of a travel expense incurred by a member of a

board only if Subchapter C, Chapter 659, or other applicable law

authorizes the payment or reimbursement.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.143. TRAVEL BY PERSONS WITH DISABILITIES. (a)

Notwithstanding any other provision of this chapter, a state

agency may reimburse a state employee with a disability for

attendant care and other necessary expenses incurred when the

employee travels inside or outside the employee's designated

headquarters. An expense incurred when traveling between a

residence and a place of employment may be reimbursed only as

provided by law for state employees without disabilities.

(b) If the airfare is medically necessary, a state agency may

reimburse a state employee with a disability for the first or

business class airfare of:

(1) the employee; and

(2) the attendant of the employee.

and other necessary expenses, a state agency may:

(1) reimburse the attendant for those expenses; or

(2) pay a commercial transportation company or commercial

lodging establishment directly if the expenses are for

transportation or lodging.

(d) If this chapter, the travel provisions of the General

Appropriations Act, or a rule adopted by the comptroller under

this chapter conflicts with a requirement of the Americans with

Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), a

federal regulation adopted under that Act, or another applicable

federal law or regulation, the federal law or regulation controls

to the extent of the conflict.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.144. DEATH OF STATE EMPLOYEES. (a) A state agency may

pay or reimburse the expense of preparing and transporting the

remains and personal property of a state employee who dies while

conducting official state business outside the employee's

designated headquarters.

(b) The agency may pay or reimburse the expense of transporting

the remains and personal property either to the employee's

designated headquarters or to another location designated by the

executor or administrator of the employee's estate. If the

remains and personal property are transported to a location other

than the employee's designated headquarters, the amount of the

agency's payment or reimbursement may not exceed the amount that

would have been paid had the remains and personal property been

transported to the designated headquarters.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.145. TRAVEL EXPENSES OF THREATENED STATE EMPLOYEES AND

THEIR FAMILIES. (a) A state agency may pay or reimburse a

travel expense incurred by a state employee who serves in a law

enforcement, investigative, or similar capacity if the employee

is threatened as a result of the employee's official duties.

(b) A state agency may pay or reimburse a travel expense

incurred by the family of a state employee who serves in a law

enforcement, investigative, or similar capacity if the family is

threatened as a result of the employee's official duties.

section even if it is incurred within a state employee's

designated headquarters.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.146. CONFLICTS WITH OTHER SUBCHAPTERS. In the event of

a conflict between this subchapter and another provision of this

chapter, this subchapter controls.

Added by Acts 1997, 75th Leg., ch. 1300, Sec. 10, eff. Sept. 1,

1997.

Sec. 660.147. TRAINING SEMINARS. (a) To reduce travel

expenditures, each state agency shall use interactive television,

video conference technology, and telephone conferences to the

greatest extent possible.

(b) A state agency may not pay or reimburse a state employee for

a travel expense associated with a training seminar conducted by

the agency for its employees unless the chief administrator of

the agency or the administrator's designee certifies in the

supporting documentation that the agency:

(1) does not possess interactive television or video conference

facilities at the designated headquarters of the employees

attending the seminar;

(2) cannot purchase or lease such facilities at a cost less than

the total travel expenses associated with the seminar; and

(3) does not have access to another agency's facilities at the

same location.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 8, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1367, Sec. 5, eff. September 1, 2009.

SUBCHAPTER H. TRAVEL BY CERTAIN PERSONS

Sec. 660.201. APPLICABILITY. This subchapter applies to the

extent it is inconsistent with or supplementary to a provision in

another part of this chapter. Sections 660.003(e)(4) and (g) do

not apply to travel by members and employees of the legislature.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.202. MEMBERS OF THE LEGISLATURE. (a) A member of the

legislature is entitled to be reimbursed for meal, lodging, and

incidental expenses incurred while traveling on legislative

business or on the business of a board, council, committee, or

commission on which the member sits. The rate of reimbursement is

determined by resolution of each house as either:

(1) the maximum out-of-state meals and lodging rate under rules

issued by the comptroller based on federal travel regulations for

the location at which the expenses are incurred; or

(2) the actual amount of the expenses incurred.

(b) If expenses for meals, lodging, or incidentals are incurred

in a location for which the federal travel regulations have not

established a maximum per diem rate, the rate for purposes of

Subsection (a)(1) is the lowest maximum per diem rate for the

state or country in which the expenses are incurred.

the member's use of personally owned or leased motor vehicles and

the use of rented or public conveyances at the same rate as is

provided in the General Appropriations Act for state employees,

except that the member may only receive mileage reimbursement for

the most cost-effective route between the origin of the member's

travel and the final duty point.

(d) Rates of reimbursement for a member of the legislature's use

of personally owned or leased motor vehicles, rented or public

conveyances, or personally owned or leased aircraft apply whether

a trip includes travel to or from the city of Austin.

(e) During a legislative session, a member of the legislature is

entitled to be reimbursed for transportation expenses, including

mileage, at the same rate that is provided by the General

Appropriations Act for state employees.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

317, Sec. 2, eff. September 1, 2009.

Sec. 660.203. TRAVEL BY CERTAIN OFFICERS AND EMPLOYEES. (a) An

individual is entitled to reimbursement for the actual expense of

meals and lodging incurred while performing the duties of the

individual's office or employment if the individual is:

(1) a judicial officer;

(2) a chief administrative officer of a state agency, subject to

Subsection (c);

(3) the executive director of the Texas Legislative Council;

(4) the secretary of the senate;

(5) a member of the Texas Natural Resource Conservation

Commission, the Texas Workforce Commission, the Public Utility

Commission of Texas, the Board of Pardons and Paroles, or the

Sabine River Compact Administration; or

(6) a full-time member of a board and receives a salary from the

state for service on that board.

(b) The governor's spouse is entitled to reimbursement for

actual travel expenses incurred while performing duties at the

direction of the governor.

of the people is not a chief administrative officer for the

purposes of this section.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 38, eff.

Sept. 1, 2001.

Sec. 660.204. TRAVEL BY LEGISLATIVE EMPLOYEES. A state employee

employed by the legislature or an agency in the legislative

branch of state government may be reimbursed for the actual

expense of meals and lodging as determined by the employing house

of the legislature or agency.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.205. REPRESENTATION OF STATE. (a) A state employee

who is designated by the governor to represent the state at a

governmental meeting or conference held outside the state is

entitled to reimbursement for the actual expense of meals,

lodging, and incidentals during the trip.

(b) A travel expense described by Subsection (a) is reimbursable

from appropriations to the state agency by which the designee is

employed.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.206. REPRESENTATION OF CERTAIN OFFICERS AND EMPLOYEES.

(a) A state employee who is designated by a member of the

legislature, a judicial officer, a chief administrator of a state

agency, the executive director of the Texas Legislative Council,

the secretary of the senate, or a board member to represent the

designating party at a particular meeting or conference is

entitled to reimbursement for the actual expense of meals and

lodging on the trip.

(b) A member of the legislature, a judicial officer, a chief

administrator of a state agency, the executive director of the

Texas Legislative Council, the secretary of the senate, and a

board member may authorize a state employee traveling with the

authorizing party to a particular meeting or conference to

receive reimbursement for the actual expense of the employee's

meals and lodging on the trip.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.207. AIRCRAFT PILOTS. An aircraft pilot who conveys

state officers or employees on official business is entitled to

reimbursement for the actual expense of meals and lodging on the

trip in accordance with Section 660.206(b). The pilot is not

subject to Section 660.113(b).

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.208. ADVANCE APPROVAL REQUIRED. Reimbursement of

actual expenses under Section 660.205 or 660.206 may not be made

unless the chief administrator of the appropriate state agency

gives advance written approval of the reimbursement and estimates

the approximate cost of the travel.

Added by Acts 1999, 76th Leg., ch. 280, Sec. 9, eff. Sept. 1,

1999.

Sec. 660.209. STATE EMERGENCY SERVICES PERSONNEL. (a) In this

section, "emergency services personnel" includes firefighters,

police officers and other peace officers, emergency medical

technicians, emergency management personnel, and other

individuals who are required, in the course and scope of their

employment, to provide services for the benefit of the general

public during emergency situations.

(b) Notwithstanding any other provision of this chapter or the

General Appropriations Act, a state employee who is emergency

services personnel and who is deployed to a temporary duty

station to conduct emergency or disaster response activities is

entitled to reimbursement for the actual expense of lodging when

there is no room available at the state rate within reasonable

proximity to the employee's temporary duty station.

Added by Acts 2009, 81st Leg., R.S., Ch.

1280, Sec. 4.02, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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