SEAC 84-9

The incidental use of state telephones by state employees to make local personal calls does not violate Tex. Penal Code Ann. § 39.01 (Vernon Supp. 1984), provided such use does not result in additional costs or damage to the state and generally will not hinder the day to day operation of government. Such use of state telephones is not a “misapplication” as contemplated by § 39.01.