Untitled Texas Attorney General Opinion ( 1939 )

Zen. Charles W. Castner, M.D. Chief of Eleemosynary Division State Board of Control Austin, Texas Dear Sir: Opinion No. O-1411 Re: Traveling expenses of superin- tendents of eleemosynary insti- tutions. By yourletter of September 8, 1339, you ask the opinion of this department upon the following quection. "Whether State mental hospital superinten- dents may attend the American Hoapital Association meeting, its conferences and demonstrations, the American Psychiatric Association meeting, its con- ferences and clinics, or t'neTexas Neurological Society meeting, at State expense, when such trips are authorized by the State Board of Control?" The rider.to the Eleemosynary Appropriation Bill reads in part as follows: "Traveling expenses. None of these appro- priations ,may be used for traveling outside of the State of Texas without the advance written consent of the State Board of Control, except in adjoining States in deporting non-resident inmates and return escaped inmates to institutions. Otherwise, the State Comptroller shall apply the aame rules to the approval and payment of traveling expenses of all employees except the superintendents of the eleemosy- na~ryinstitutions as he applies to such expenses of the State Departments. Superintendents' trips shall be as authorized by the Boa.rdof Control." The rider to the Depa.rtmentalAppropriation Bill provides in part as follows: "No moneys herein appropriated shall ever be spent to pay the traveling expenses of any State employee to any type of convention within the State or without the State." * - \' IiOil. Charles W. Castner, hge, 2 "Except as otherwise spccificaily exempted, the provisions of this Act shall also fpply to depa~rt- ment heads and members of commissions. Your attention 13 directed to the fact that the z-icier to the Elecmosynary Appropriation Bill specifically except3 tilesuper.:nten- dents of the eleemosynary institutions from the provision that the State Comptroller shall apply the same rules to the approval and psynent of travelin,- expense3 of all employees of eleemosynary institutions a3 he applies to such expenses of the Sta.teDepa.rtnents. Tnerei’orc, aithough the meetings referred to in your inquiry are, in their nature, "conven- tions," nevertheless, by virtue of this specific exemption, superinten- dents of eleemosynary institutions may, if and when such trips are per- mitted by the State Board of Control, attend such conferences or conven- tions as may relate to the administration of the particular eleemosynary institution over which the superintendent has charge. Yours very truly ATTOPmY GENERAL OF TEXAS By R.W. Fairchild R.W. Fa.irchild Assistant RWF:pbp APPROVED SEP 14, 1939 s/ Gerald C. Mann ATTORNEY GENERAL OF TEXAS APPROVED OPINION COMMITTEE BY s/EWC Chairman.