Untitled Texas Attorney General Opinion ( 1939 )

NO. 3089 1. Dnder.Senate Bill 427, 46th Legislature, where a department or division of a denartment is provided with a specific item ‘of appropriation for *traveling expenses,* the amount thus pro- vided represents the maxinun which may be spent for that purpose by the departnent or division of departnent. 2. Where a department or division of a.department is not provided speoifically with an itm!! for ‘*traveling expenses.v but such department or division of a department Is provided with an item of appropriation for “contingent expenses,” the item for “contingent expenses” may be used to defray the traveling expenses of the depart- ment or division of a department; but in such event, the. sum -provided for “contingent expense- represents the maxinum amount available for traveling expenses of the de~rtnent or division of the department, and when such amount has been expended, whether ror traveling expenses or for other expenses properly payable out of such item, no other fund.6 from any source may be spent by the department or division of the de- partment for traveling expenser. Conclusions 1 and 2 do not apply to the “field travel expense of’ the State Highway Department” because the travel ex ens8 rider above quoted especially excepts th f:s item from its operation. Nor do they apply to anpropriations of the type of the Game, Fish and Oyster CoTmission, where the special riders appended to these a?propria- tions, which control the general insofar as they conflict, permit the use of the appropriat- ed surplus and excesses in particular items “to supplement the ?erformanoe of any purpose for which money is herein appropriated? except salaries. O+FICR.-OF TIE ATTOR?.CY C?YERAL Hon. George 3. Sheppard Comptroller of Public Accounts Austin, Texas Dea,r Sir: Opinion No. O-1294 Re: Limitation on the use of funds ap- propriated to a department for ltraveling expenses,” under the terms of’the rider appended to C. B. 427, Acts 46th Legislature, Regular Session. Since releasing Conference Opinion No. 3082, this Department, upon its ‘own motion, has .subjected the provisions of the Departmental Appropriation Bill passed by the 46th Legislature, mrticularly relating to expenditures for travel- ingexpenses,.to an intensive study and i-e-examination. The general. rider apTended to Senate Bill 427, Acts of .the 46th Legislature, Regular Session,. provides in nartas fol I~OWS : Eon. George E. Sheopard, Fcge 2. vSxcept as to field travel expense of the Eigh- way Department, it is provided that no expenditure shall be made for traveling expenses by eny depart- ment of this State in excess of the amount of money itemized herein for said purpo?e. This provision shall be applicable whether the item for traveling expenses is to be paid out of the appropriation from the General Fund, from fees, receipts or special funds collected by virtue of certain laws of this state, or from any other funds (exclusive of Federal funds) available for use by a department.” It is. clear from the .cbove: provision of coursa. that whelt: specific provision is made for the treveiing expenses of .a department or division of a department, as *Traveling expenses . . . . . r#,OOO.OO.~ such amount of money is all that may be ex- pended for such purpose by such department or division of a department, and the amount thus provided may not be supplement- ed frcm any source, save, of course, from Federal funds auth- orized by the Federal Government to be devoted to such purpose. Does this provision, however, reflect the legislative intent that, in the absence of such a specific item of appro- priation for “traveling expenses,” no cxgenditure shall be made for that purpose’out of funds provided for the various expendi- tures of a department or division of a deoartment for which specific provision by itemization has not been made7 In’several instances in the departmental aopropria- tion bill we find that the Legislature has not provided express- ly and separately for “traveling expenses’: of a department or division of a department, but has, under the,heading “rainten- ante and l:iscellaneous,*~ provided a lump sum,for 'VXmtin@nt Expenses. :I This department has heretofore held that the anpro- priations for “Contingent Expenses v appearing throughout Senate Bill 427 were intended by the Lcgislaturc to provide lump sum appropriations for those expenditurco of a department or divi- sioqof a department for which the Legislature did not deem it necessary or expedient to make specific and separate itemized aporopristlons. It follows, theroforo, that the *8contingent expense” itemof epproprietion includes a provision for travel- ing expenses in those instances where a specific iten of aopro- priation is not provided for that purpose, unless the provision above quoted denies the authority.to Use any .funds for “trsvol- ing expenses- exoept those specifically provided for that pur- pose. The prohibition, it will be noted, extends to the expcndituro of nonays “in excess of the amount itcmizod hcre- in” for traveling expenses. An itom of ap7ropriation to pay those expcnsos of 9 departnont or division of a department for which specifi, provision has not otherwise boon made, is, of necessity, in those instances whore traveling exponsos are not specifically providod, an ittiization of money for travel- ing cxpensos. The fact that the portion of suoh sum to be usod for %ravaling oxpcns-cs” is not idontifiod and segrogatcd from tho lump sum does not deprive the appropriation of tha character of an itcm of appropriation for the purpose, among others, of defraying trayoling oxponsos. That this is true is madc appar- ont when WC obszrvc that in many inotanoos tho Logislaturc has expressly grouped ‘*traveling cxpcnsos’ with Such purposes as ‘lGancral maintenance. traveling cxponscs, bond premiums, extra help and other noccssary oxponsos;: (Adjutant Gonural’s appro- priation), *Law Qforcemont, Traveling and other oxpcns.~ . ..-( Hon. Gcorgc H. Sheppard, i+!ge 3. (AttoAaay G2ncral’s appropriation),.WT~evel cxpenso and all other contingent :xponso” (Appropriation for Building and Loan Divisi.on, Banking Dapartmont), appropriating only a lump sum for all such oxponditurcs, so that tho portion thzroof to be used for “traveling cxponsos?’ is not idcntificd and scgrcgatod from the total sun provided. In such instances it is clear that oxpcnditurus for “traveling orpcnscs” may not oxcoed tho lum? sum itamizod for all the grouped purposes; .but it is impoasiblc to allocate a dcfinits sun out of the aggregttc amount to th.: purpose of dofraying “traveling expensas.” It will also be obszrvcd that the LsCislaturo, in the ridor to 8liate Bill 427, has nado a distinction batwcan spcc- ific itcns of appropriation and general items. This distinc- tion appears in the clauss.styled “Additional ?&ployeJs’ Compensation,” which rzads in part es follows: .?Vhon any additional employcos, other than those for which s~cific salary appropriations have hcrcin b&n made, ara enploycd and are to bo paid out of ~contingent appropriations, ...n In construing the provision abovo quoted relating to tzavcling oxponses, it is significant, thtircforo, that the provision does not rafcr to tho “amount of money specifically itanizitd hor~in” for traveling crpensos. The lollowi~ roproscnt our conclusions upon tho reasoning exprasssd abovo: i.qVlharo a-dcpartncnt or division of a dzpartmcnt is provided with e spzoific iton of a?oroprlation for “travcl- ing cxpens3s;’ the amount thus provid,bd rapresents the maximum which may bo spent for that purpoe., by tho department or division of a dopartncnt, and srich amount may not be supplc- rn-ntod froffi any source, save end oxoopt from Fedora1 funds authorized by tha Fadcral Govcrnmcnt to be used for such pur-~ poso . 3 2 Whcro a dopartnont or division of a dcpartmont is not provided specifically with an item for %ravoling cx- pan%” but such dcpartmont or division of a dopartmcnt is provided with an it nt for traveling exponsds, (except as to Pcdoral funds authorized by-tho Fcdsral Govornmcnt to bo spent for such purpose) end when such amount has been cxpondod, whsther for traveling cxpsnscs or for other exponscs properly payabl; out of such item of s?propriation, no other funds from any source (sav.2 Fodcral funds spticifical- ly authorized by tho Fadaral Govarnmcnt to bo used for such purposs) nay bc sponti by th3 dcpartncnt or division of a dcpart- n;nt for traveling Lxpsns xpc;nsJs. Insofar as prior opinions of this Dcpartmmt, notably 0-113`` O-1220, and O-1301. axprcss the conclusion or are oapable of bein& construed as holding that item appropriated for “contingent cxpcnso” may not bz usad to d&ray traveling expenses in those instances where a spooific itom is not provided for trav:ling jxpcnsc.6, they are expressly overruled. Yours vory truly ATTOIWTYG=NRRL OF TEXAS R. W. Fairchild Assistant RKF: pb p This opinion has bicn considcrad in confcrsncc, approved, and ordcr.Jd rocordod.