Untitled Texas Attorney General Opinion ( 1972 )

i Honorable David Wade, M.D. Opinion No. M-1083 Commissioner Texas Department of Mental Re: Expenditure of money ap- Health and Mental Retardation propriated in Item 8 of Box 12668, Capitol Station the current General Appro- Austin, Texas 78711 priations Act to the Commission on Alcoholism. Dear Dr. Wade: Your request for an opinion asks the following question: "May money appropriated in item 8 of the current appropriations to the Commission on Alcoholism be expended to pay travel expense of Texas Department of Mental Health and Mental Re- tardation employees engaged in the training and coordination of personnel and activities funded by the said item 8." Item 8 of the appropriation to the Commission on Al- coholism for the fiscal year ending August 31, 1972, reads as follows: "For the Year Ending August 31, 1972 "8 . For the Department of Mental Health and Mental Retardation, to supplement the rehabilitation of alcoholics in the State hos- pitals, to be expended with the advice of the Texas Commission on Alcoholism for the following: Supervising Counselor (14-4744) two Alcoholism Counselor II's (14,4742), sixteen Alcoholism Counselor I's (13-4741), one Administrative Secretary (g-0138), travel and all other necessary expenses $200,702" -5297- Dr. David Wade, page 2 (M-1083) It is noted that while the above quoted item of appro- priation is made to the Commission on Alcoholism, it is for the benefit of the Department of Mental Health and Mental Retardation and is to be expended for the purpose of carrying out the Depart- ment's alcoholism programs with the advice of the Texas Commission on Alcoholism. You state in your request: "AS you will note, this appropriation item provides for designated positions. The individuals filling these positions work in this Department's State hospitals and are involved with the rehabili- tation of alcoholics. This Department employs ad- ditional personnel whose salary is paid from other appropriations and whose duty is to train and coordinate the activities of the individuals em- ployed pursuant to the above cited appropriation item. These additional personnel incur travel expense in carrying out this training and coordi- nation effort in the State hospital alcoholism programs. . . .II In view of the fact that Item 8 specifically provides that the money appropriated may be expended for "travel and all other necessary expenses", it is our opinion that such phrase re- fers to travel and necessary expenses in carrying out the alco- holism programs referred to in Item 8. You are accordingly ad- vised that moneys appropriated in Item 8 of the current appro- priation to the Commission on Alcoholism may be expended to pay travel expenses of employees of the Texas Department of Mental Health and Mental Retardation engaged in carrying out the alco- holism programs of the Texas Department of Mental Health and Mental Retardation to rehabilitate alcoholics in the State hospitals referred to in said Item 8. SUMMARY Item 8 of the appropriation to the Commission on Alcoholism contained in the current General Appro- priations Act may be expended for the purpose of pay- ing travel expenses of employees of the Texas Depart- ment of Mental Health and Mental Retardation incurred in carrying out the alcoholism programs of the Depart- ment of Mental Health and Mental Retardation to re- habilitate alcoholics in the State hospitals. -5298- Dr. David Wade, page 3 (M-1083) J? e y truly ,yours , General of Texas Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman William Craig Gordon Cass Jerry Roberts James Hackney SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5299-