Untitled Texas Attorney General Opinion ( 1946 )

. . Honorable Gee. H. Sheppard Comptroller of Public Accounts Austin, Texas Dear Mr. Sheppard: Opinion No. O-7031 Re: Can the heads of the eleemosynary institutions be reimbursed for their traveling expenses for amount in ex- ce68 of $4.00 per day for meals and lodging? We have carefully read and looked into the question raised by your letter, which reads a8 follows: "Please advise whether or not the Head of the Eleemosynary Institutions may be reimbursed while travel- ing, for amounts in exce88 of $4.00 per day for meals and lodgings. "This question is being asked for the reason that the last Legislature changed the wording of the provi- sions passed by the Forty-eighth Legislature which al- lowed the various Superintendents their actual expenses." In our Opinion No. O-5867 approved March 27, 1944, we held that under the appropriation bill, as passed in 1943, the Su- perintendents of the eleemosynary institutions, when traveling on State's business, were not limited to the $4.00 per day for hotel and lodging. You have a copy of this opinion. As you state in your letter of inquiry, in 1945 the Leg- ialature changed the appropriation bill, 80 that it now becomes necessary for us to interpret the 1945 act relative to the question asked. The 1943 appropriation bill for the eleemosynary insti- tutions, under the heading "general provisions", reads as follows: "Traveling Expenses. None of these appropria- tions may be used for traveling outside of the State of Texas without the advaticedwritten consent of the Stat.6Board of Control * * *; the State Comptroller shall apply the same rules to the approval and payment Honorable Ceo. H. Sheppard - page 2 (o-7031) of traveling expenees of all employeee except the superintendent of eleemoaynary institutions a8 he applies to the expenses of the State departmente. Superintendents' trips shall be as authorized by the Board of Control." In the General Provisions attached to the eleemosynary appropriation bill in 1945, the above portion thereof was changed to read as follows: "Traveling Expenses. None of these appropria- tions may be used for traveling outside of the State of Texas without the advance written consent of the State Board of Control * * *. The State Comptroller shall apply the same rules to the approval and pay- ment of traveling expenses of all employees as he applies to such expenses of the State departments. Superintendents' trip6 shall be authorized by the Board of Control." You will notice that the only change made in the above matter by the Legislature in 1945 from that contained in the 1943 act is in the phrase "The State Comptroller shall apply the same rules to the auoroval -- and uavment _ _ of travelina - exnenses - of all em- ployees except the superintendents -- of the eleemosynary institutions, as he applies touch expenses of the State departments." In the 1945 act the words, "except the superintendents of the eleemosynary institutions" were elimins~cI. This clearly -- demonstrates. we think. that the Legislature intended for the State Comptroller to apply as it said the-same rules to the approval and payment of traveling expenses to the superintendents of the insti- tutions, who, of course, are employees, as is applied to all other employees working for the various State departments. The general provisions to the appropriations for the various State departments relative to traveling expenses of State employees is embraced in Section 11, page 943-944 of the Acts of 1945; and subsection (g) thereof provides specifically that all employees traveling at the expense of the State of Texas are limited to $4.00 per day for meals and lodging. Since the Legislature has specifically provided that the State Comptroller shall apply the same rules to the approval and payment of traveling expenses of all employees for the eleemosynary institutions as he applies to such expenses of the State departments, it is our opinion that the superintendents of the eleemosynary in- stitutions are limited to the $4.00 per day for their lodging and meals. Honorable Geo. B. Sheppard - page 3 (O-7031) We therefore answer your queetion that these euperintend- ents can not be reimbursed.for the expense of their lodging and meals in excess of the $4.00 per day. Very truly yours APPROVED JUL 31, 1946 ATI'ORNFXCENERAIOFTEXAS /e/ Carlo6 C. Ashley FIRST ASSISTANT By /e/ Geo. W. Barcus ATTORNEY GENHULL Geo. W. Barcus ASSISTANT GWB-MR-IM APPROVED OPINION COMMITTEE BY /8/ BWB CHAW