Untitled Texas Attorney General Opinion ( 1965 )

Ronorable Robert 9. Calvcrt Opinion No. C- 551
Comptrollerof Public Accounts
Auetin, Texas Rer Whether the funds appro-
priated to the Health
Department may be expended
for transportation,meals
and lodging for personnel
attending schools, clinics
or conferenceswhen leave
from re ular duties exceed
Dear Mr. Calvertt thirty 730) citlendardays.
Your recent letter requests the opinion of this office
on the above captioned matter, from which we quote in part?
"The question has arisen as to the correct
application'of two provision8 found in H.B. #12,
Acts of the 59th Legislature. Each provision is
found in Article II of this Act.
19
. . .
"Please advise if the fund6 appropriated to
the Health Department may be expended for tranrporta-
tion, meal8 and lodging for personnel attending
schools, clinics, or conferences.-whenleave from
regular duties excead thirty (30) calendar days.
"A letter setting out the position of the
Health Department is enclosed."
The provisions of the General AppropriationsAct (House
Bill 12, Acts of the 59th Legislature,Regular Session, 1965)
under which you state the question has arieen are aa follows8
"It ,is further provided that a program of,non-
accredited training of departmentalemployeem and
others in cooperativepublic health activities is
authorized from funds appropriatedherein in order
to keep such individualsabreast of current trends
-2662-
Hon. Robert 8. Calvert, page 2 (c-551)
and developmentsin public health. Training stip-
ends may be paid to these individualswhen Federal
funds are granted to the Department for this purpose.
In addition, a program of accredited training la
authorized to be financed from Federal funds herein
appropriated,but not to exceed ten departmental
employees~foreach fiscal year."
I. . .
“0. Personnel training. At the discretion
of the respective governing boards, ewloyees may
be allowed a reasonabletime without loss of salary
to attend recognized schools, clinics, or conferences,
for training purposes. Any regular registrationfee
may be paid out of appropriatedfunds. No funds
herein appropriatedmay be expended for transporta-
tion, meals or lodging for such personnel attending
schools, clinics or conferenceswhen leave from
regular duty exceed8 thirty 30) calendar days. If
any such leave from regular 6uty shall exceed
thirty (30) calendar days, the employee may be
paid notto axceed fifty per cent (50s) of his
regular salary and shall receive no emoluments
for himself or his family during such leave for
training purposes.”
From the letter of the Health Department, attached to
your request, it is stated that there is in existence an agreement
with the Federal Governmentwhereby Federal funds are nade available
to the Departrent of Health, whikh contains the followingprovision%
'Federal funds will be used for the payment of
training stipends, tuition and fees, and travel
enrrekfor trainee8 who are receiving a-ted
+i%is-g.'
House Bill No. 12, Acts of the 59th Legblature, Regular
Session, 1965, contalnr further provisions which are gernane to
the question raised, in that we are concerned with both State and
Federal funds. Article V, Sections 27 and 28 of the Act appro-
priates the Federal funds and stipulates the conditionsunder
which such funds nmy be expended.
"Sec. 27. ',FEDRRALFRNDS APPROPRIATED FOR WE.
Any funds received by the agencies of the State
named in this Act fron the United State8 Govemnent
-2663-
Hon. Robert S. Calvert, page 3 (C-551)
are hereby appropriatedto,aruch,agencies for the
purposes for which the Federal grant, allocation, aid
or payment was made, subject to the provisions of
this Act. Within thirty (30)' daya after the receipt
of any such Federal grmt8, alloca ions, aid or
payments, the amounts thereof end,Fhe purposes for
which they were made shall be reported to the Governor
and the Legielati.veBudget Board.
"Sec. 28. FEDERAL CONTRACTS AND AGRRRMRRTS.
Hone of the Federal funds appropriatedfor use
by the terms of this Act way be expended pursuant
to a contract or agreement with the Federal Govern-
ment unless aud until the appropriateState agency
has filed a copy of such contract or agreement with
the Secretary of State for recording. Provided,,
however, that copies of research contracts claaslfied
in the interest of National Security shall not be
filed, but in lieu thereof a statement that such
a contract has been made shall be filed."
In addition, itmediately following the appropriation
to the Department of Health, the Act contains the following
provision:
'The appropriationsherein made may be used to
match Federal funds granted to the State for the payment
of personal services, and other necessary expenses in
connectionwith the administrationand operation of a
State program of public health servlces. The State
Board of Health is hereby authorized to receive and
disburse in accordancewith plans acceptable to the
responsible Federal agency, all Federal monies that
are made available (Iflcludlnggrants, eaxWJW3,
allotments, refunds and reimbursements)to the State
for such purposes, and to receive, administer, and
disburse Federal funds for Federal regional prograIa6I
in accordanceMith plans agreed upon by the Depart-
ment of Health and the responsibleFederal agency, and.
such other activities as come under the authority of
the State Board of Health, and such monies are appro-
priated to the speaiflc purpose or purposes for which
they are granted, or otherwise lnadeavailable."
It is a cardinal rule of constructionthat all language
and every part of a statute shall be given affect if reasonably
possible. In other words, effect end aeauing should be given to
-2664-
Ron. Robert 9. Calvert, page 4 (C-551)
each and every sentence, clause, phrase and word of the Act as
nearly as th%x can be done, consistentlywith the objective
purpose and intent of the legislature. Banks v. State, 28 Tex.
E$ (;G$6&; Eddins-WalcherButane Company v. Calvert, 156 Tex.
W 2d g-7) . den.; 53 Tex.Jur.2d. 227, Statutes,
Sect 159. Pursuant to thirrule a court that is called upon to
l l
interpret a statute will conside;, examine, read and view the Act
in its entirety and will aeek to harmonize all of ite parts, If
possible, according to the evident intent of the Legislature.
,,Because:,.~we'ara
hert~dealihgwSth:-fund8derived from two
sources, State and Federal, your question is twofold.
Therefore, applying the above rule to the situation under
coneldaration,we are of the opinion that the legislature intended
for the funds received by the Department of Health from the Federal
Government to be expended in the manner and for the purposes and
the reasons set forth in the agreementbetween the Department of
Health and the Federal Government. As haa been earlier held by
this office, funds received by a 8tate agency for a specific
purpose from the Federal Government,are "trust ortisppcial"
f’wds and must be expended in accordance with the terma of the
agreement under which the funds were received. Attorney General's
Opinions C-474 and C-530 (1965).
We are of the further opinion that the legislature
intended that the State fund8 appropriatedto the Health Depart-
ment for personnel @raining to be expended in accordancewith
Article II, Section 2 (e) above quoted.
SWNNARY
Federal 'trust" funds appropriatedto the
Health Department may be expended for transporta-
tion, meals and lodging for personnel attending
lsabools,clinics or conferenceswhen leave from
regular duties exceed thirty (30) calendar days
in accordancewith the agreement under which
the funds are received; however, State derived
funds appropriated to such department for personnel
training may,not be expanded for this pnrpoee
other than in accordance with Article II, Section
2(R) of the General AppropriationaAct (1965).
-2665-
Hon. Robert S. Calvert, page 5 (c-551)
Yours very truly,
WAGGONER CARR
Attorney General
JX!:ra:sj
APPROVED:
OPINION COMKU!TEE
"J.;. Ge;p;rt, ChaIrman
. .
Kerns Taylor
w. E. Allen
Dean Arrington
APPROVEDFOR~AT%l``G``L
BY: T. B. Wright
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