Untitled Texas Attorney General Opinion ( 1958 )

General K. L. Berry The Adjutant General of Texas AUStlnj Texas Opinion No. NW-394 Re: Under specified con- ditions, can the Adjutant General's Department of Texas be reimbursed for travel funds 'expended from Its appropriation by the Texa.sNational Guard Armory Board for the ', servlc,esrendered by employees of the Adju- tant General's Depart- ment in performing in- ventories in completing required reports on the facility at Eagle Moun- tain Lake, Texas, con- veyed to the State of Texas by Public Law 85- 258, Eighty-fifth Con- gress, and related ques- Dear General Berry: tions. In your letter of,February 27, 1958, you request our opinion on three questions, substantially as follows: (1) Under the conditions asoutlined in this letten,Lban.tbeiAdjutant``,Gelieralrsj;Depart- ment of Texas be reimbursed for travel funds expended from Its appropriation by the Texas National Guard Armory Board for the services rendered by employees of the Adjutant General's Department in perform- ing inventories and completing required reports on the facility at Eagle Mountain Lake, Texas, conveyed to the State of Texas by Public Law 85-258, Eighty-fifth' General K. L. Berry, Page 2 (WW-394) Congress? (2) If your opinion to the question (1) above is in the affirmative, can the relmburse- ment be made from National Guard Armory Board local funds? (3) Can any future travel expense incurred by employee% of this department for,the specific services rendered in oonnectlon with comple- tion of inventories and condition report required by the Navy prior to the execution of the quit-claim deed covering the former United States Marine Corps Air Station at Eagle Mountain Lake to the State of Texas be paid by the Comptroller on travel vouchers processed and approved by the Texas National Guard Armory Board? you state that prior to executing the quit-claim deed to the State of Texas, the Secretary of the Navy has stipulated oertain report% and surveys of the premise% be made in conformance with certain lnstruotions and on certain form% specified by the Navy Department. However, you state the Armory Board does not have In its employ qualified inven- tory personnel to send to Eagle Mountain Lake for the purpose::, of conducting the joint survey and completing the report required by the Navy before the quit-claim deed is executed. You further state the Adjutant General's Department does have such qualified personnel who have already perfomed certain of these services referred to above, and it is anticipated that such personnel will complete the requirements in the future, but you state the Adjutant General's Department does not have sufficient appropriated funds to cover the travel expense of the employees necessary to complete such work and also perform other necessary departmental travel for the re- mainder of this fiscal year. Beca,useyou have made no mention of any existing O&zer,+agencycontractbetwee,nthe agencies effected for furnishing such services, we assume there Is no such contract. Within the general provisions of the appropriation bill (Rouse Bill 133, Acts 55th Legislature, Regular Session) an agency may expend appropriated funds for travel expenses of its own employaes inourred in the conduct of its authorized State business. However, before one agency may pay expenses &another agency, there must be specific authorization there- . When such authorization exists, the availability of the receiving agency's appropriation'+ defray such expense is determined by ascertainlng,that the expense is incurred by permission of the receiving agency's department head for ex- penses Incurred in performing suoh~agency's duties--not by General K. L. Berry, Page~3 (WW-394) the departmental connection'dfi:the,personwho incurs the ex- pense in rendering the services. (Attorney General's Opinion NO. o-2258, 1940). But we are unable to find authorization in the current appropriation bill for the specific payment% herein questioned. Section 5, Article VI, General Provisions, page 226, of the Supplement to House Journal, 55th Legislature, Regular Session, which Is the text of House Bill 113, 1% not authority for reimbursement payments to be made.between State agencies, but concern% how such payments shall be made, and appropriat- ing to the receiving agency suoh reimbursement payments in order to authorize such receiving agency to expend such funds. Therefore, we conclude there is no authorization for the Texas National Guard Armory Board to reimburse the Adjutant General's Department for travel expenses inourred by employees of such Department in accompl,ishingauthorized State business, even though beneficial to such Board, absent speciflo authoriza- tion provided by law. Yourthree inquiries are answered in the negative. SUMMARY There Is no authority in the current appropriation bill for the Texas Natlonal Guard Armory Board to reimburse the Adjutant Qeneral's Department for ex- penses lnourred by suoh Department's employees in inventory and surveying facilities at Eagle Mountain Lake, Texas, under the faots presented, absent a valid inter-agency contract for such services. Yours very truly, WILL WILSON Attorney General of Texas Bycl/LA %$A$ Tom I, McFarling Assistant TIM:wam General K. L. Berry, Page 4 (WW-394) APPPROVEDr OPINION COMMITTEE Qeo. P. Blackburn, Chairman Marietta Payne B. Ii.Timmlns, Jr. Fred Werkenthin L. P. Lollar REVIEWED FOR THE ATTORNEY GENERAL BY: W. V. Geppert