Untitled Texas Attorney General Opinion ( 1974 )

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Augu,st 29, 1974
Mrs. Jan Ash, Executive Secretary, Opinion No. H- 387
Texas State Board of Landscape Architects ’
320 Sam Houston State. Office Building’ Re: C,ompensation of
Austin, Texas ,78701, members of Board
of Landscape
Architects under
Dear Mrs. Ash: Art. 249c, V. T. C.S.
Your request for our op$-+ion stems from an apparent conflict between
Art. 249~. Sec. 4(b), V. T. C.S., and an appropriation to your Board in
the Appropriations Act for ,f+scal year 1974-1975 (Acts 1973, 63rd Leg.,
ch. 659, p. 1786). ;,
Article 24.9~. Sec. ,3,, cr,eate&be Texas State Board of Lasdscape
Architects. Section 4 prescribes the powers and duties of the Board and,
in subsect,ion (b), provides:
Each member of the board shall receive as
compensation for services performed~in connec-
ti,on withhis duties as such member a sum equal
to hi.s expenses actually incurred, provided how-
ever, said expenses shall not exceed thi sum of
$25 per day, exclusive of travel expense.
The Appropriations Act, under the heading “Per Diem of Board
Members. 3 at $25,” allocates $1,800 to your board., Apparently, you
bave interpreted this as a per diem all.ocation to be paid regardless of
actual expenses. However, the Comptroller has refused to pay on that
basis.
“Per diem” does not have a fixed meaning, and, among other things,
it may be used to refer to a fixed amount allowed to compensate for
expenses actually incurred. Attorney General Opinions H-307 (1974) and
‘H-74 (1973). If there is conflict, the provisions of the Appropriations
Act may not overrule general legislation. Attorney General Opinions
H-351 (1974), V-1254 (1951). See also Moore v. Sheppard, 192 S. W. 2d
559 (Tex. 1946).
p. 1818
Mrs. Jan Ash, page 2 (H-387)
We are of the opinion, therefore, that the amount of per diem to be
recovered by members of your Board is governed by Art. 249c, Sec. 4(b),
and is limited to actual expenses incurred, brovided such expenses do
not exceed $25.
SUMMARY
Where a statute creating an admin:istrative board
authorizes reimbursement of board members for actual
expenses but not to exceed $25 per day, a general approp-
riation of $25 per diem to them does not authoriae the
payment of the greater sum.
Very truly yours,
u Attorney General of Texas
.
Opinion Comrmttee.
p. 1819