Untitled Texas Attorney General Opinion ( 1943 )

513
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Iion. P. A* Kcrby
Business Officer
8trrte Board of Eealth
Austia, icxcre
Rear ur. Kerby:
Prom your letter appears that in
the allotment of ard of Health by’
the Federal gor is designated by
the F&oral age for the State
Kealth OPficer . orrzed, are do-
pos1tw.l in the nt s izade therefron
on warrants iss . Pou request the
opwi.on of this he folloxing questiona
, D. C., at the request
nit& States, where the
e from such Federal funds,
iuitti to $4.00 a day for
s allocated anil granted by the
tate of Texas bocono Stata mon-
ntrol of the Legislature of Tcras
at legislative regulation of their ex-
PcniUturc dots not violate the term and conditions of
the ptieral grnnt . See our Opinions Nos. O-200 ati O-330.
The DePartnental Appropriation Bill for t.be cur-
rcatbiennium (6. B. 423, Acts 47th Legislature, neg.*Sass,
Proriilcs,u&m the he&ng “General Provisions*, SCC. 2,
subsection 10~
I ..52.4
Honr P. A9 Kerby - page 2
*(IO) United States Funds and Aid. The
propor officer or officers of any State Do-
partments, bureaus, or divisions of State
agencies are her&g authorizocl to uake appli-
cation for and accept any gifte, grants, or
allotncnts or funds from the United states
Goverxmcnt to be used on State cooperative
aucl other sederal projects and programs in
Texas, including construction of public
buildings, repairs, and inprovonents . Any
of such Fedora1 funds as nay be deposited in
the State Treasury are hereby appropriated to
the spooific purpose authorized by the Fcder-
al Government, and subject -- to the lindtation
placa -on w &&,# (Kuphasls ours)
One of the linitatione imposed by the Act on tho
ovpenlliture of uonice appropriated thereby is found in See.
2, Subs. (12)g1
*All c~ployeos traveling at the expense
of the State are hereby limited to the amount
off Four ($4 .oo) Dollars per day expenses for
neals and lodging; , , , s
The 0~3.Q e.xceptiorsmacle to t&is rule aro found in
sec. 2, subs. (13)fl
sit is expressly provided that the provis-
ions of Subsectiou 126 of this Act with refer-
ence to limitation of amount of traveling q-
pense shall not apply to the Governor, the Iileu-
teuaut-Governor, and the n?embers of coxdssions
vho .reoeive no salary or peti diem, when travel-
ing in or out of the State. Hor shall said pro-
vision apply to the drijutant General and his
representatives vhen appearing in Washington,
D. 0. before the Tiar Departncnt, the Attoruey
General anil his assistants vhen appearing be-
fore the Supreme Court of the United States
and Fcdcral agencies in Washington, D . C., nor
the nielrrbers of the Railroad COoci~SiOn vben op-
pcaring before the Interstate Comerce Comdes-
ion or other A+‘eclcral Comisaions in iiashingtcn,
D. c,m
515
aon. P. AI Xcrby - Pago 3
The exenptfons do not apply to the State Ucalth
Officer. Since Sec. 10 expressly appropriates Fcdcral
funds received by tho State a gcncics ml deposit& in the
State Treasury subject to the limitations is~posed by the
Act on the cxpendlturo of rconics opprcpriatcd therein, the
$4;J4te; day limitation on expenses for meals and lodging
. Opinion No, O-1502. In this connection, it nay
bo observed that an employee isstravcling at the espcnse
of the State. though the State rcay pay such expense from
funds donated to it; but, in any went, if this be not
correct, the b@,00 a day limitation applies because tho
Legislature has directed that the lititations on the ex-
penditurc of funds ap?ropriatcd by the Act shall apply to
funcls rcoeived fron: the Federal Sovornmutr
Very truly yours
R. X. l%irchild
Assistaut
ATTOFNB GmERAL OF ‘l!?ZXAS