Untitled Texas Attorney General Opinion ( 1974 )

TEE ATTORNEY GENERAL
OFTEXAS
AWSTIN.TWAR 78711
January 2, 1974
The Honorable Clayton T. Garrison Opinion No. H- 193
Executive Director
Texas Parks & Wildlife Dept. Re: Whether a member of
John H. Reagan Building the Parks & Wildlife
Austin, Texas 70701 Commission is entitled
to reimbursement for
expenses and payment
of per diem when attending
meetings which are not
regularly scheduled.
Dear Mr. Garrison:
Your request for an opinion concerns whether the Comptroller is
authorized to approve a request by a member of the Parks and Wildlife
Commission for reimbursement of expenses and payment of a per diem
incurred while attending meetings on behalf of the Department.
We are advised by you that it is frequently necessary and desirable
for members of the Commission to attend meetings, which are not regvlarly
scheduled Commission meetings, throughout the State in furtherance of
Departmental business.
Article 97gf-3a, $ 1, Vernon’s Texas Penal Code, states, in part:
“(e) The Commission shall meet as often as it deems
necessary, but shall meet at least once every
quarter of the year . . . . ‘I
“(f) Members of the Commission shall be reimbursed
for their actual expenses incurred in attending
meetings and shall be paid a per diem as set in
the General Appropriations Act. ”
p. 906
The Honorable Clayton T. Garrison, page 2 (H-193)
The General Appropriations Act for fiscal 1974 and 1975, H. B. 139,
63rd Leg., 1973, at page 111-111, Item 1 provides:
“For the Years Ending
August 31, August 31,
1974 1975
“Personal Services - -
“Per Diem of Commissioners
(at $100 per day NTE $5,000
per member)
$30,000 $30, 000”
In accordance with the General Appropriations Act, the Commissioners are
allowed aperdiem of $100 per day not to exceed $5,000 per member or a total
appropriation of $30, 000 for the fiscal year. Art. 978f-3a, § l(f) states that
“the Commission shall be reimbursed for their actual expenses incurred in
attending meetings and shall be paid a per diem as set -in the General
Appropriations Act. ” The issue is whether the per diem is intended as
compensation for days in attendance at all meetings or just Commission
meetings.
Statutory words are to be interpreted according to the sense in which
they were evidently used by the Legislature. Since the legislative intention
is primarily found in the language of the statute, the words employed are
ordinarily given their plain meaning. Article 10, V. T. C. S., 53 Tex.
--
Jur.
2d Statutes, $ 146. A statute that is plain and unambiguous will usually
G interpreted literally. Exceptions may not ordinarily be read into a
statute. 53 Tex. -- Jur. 2.d Statutes, 5 5 135, 144. It is therefore our opinion
that member=f the Commission may be paid a per diem as set in the
General Appropriations Act for attending meetings even though they are not
regularly scheduled commission meetings. See Attorney General Opinion
H-58 (1973).
p. 907
The Honorable Clayton T. Garrison, page 3 (H-193)
SUMMARY
A member of the Parks and Wildlife Commission
may be entitled to receive reimbursement of expenses
and per diem for meetings on behalf of the Department
even though such meetings are not regularly scheduled
Commission meetings.
Very truly yours,
General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
p. 908