August 18, 1950 

Mrs. Herbert Gambrel1 Chairman 

Texas Library and HlsCorlcal commission 

Fair Park 

Dallas 1, Texas 

opinion NO. V-1088. 

Dear Mrs. Gambrell: 

Be: Availability of Item 16 of the 

appropriations for the current 

.biennium to the Texas Library 

and Historical Commission for 

the payment of travel expense. 

Acts gst Leg.,R.S. 1949, ch. 

615, p. 1208, b. 

follows: 

We quote from your request for an opinion as 

"The Texas Library and Historical Commission would appreciate a ruling regarding 

the chargeability of travel expense of members of the Commission to specific appropriation items made to the Commission by the 

Legislature. . . 

"The Commlssionls need for a current 

ruling grows out of these circumstances: the 

last regular session of the Legislature made 

an approprlatlom of $75,000 to the Texas Llbrary and Historical Commission for 'Renovation and Reorganization' of the Texas State 

Library. (item 16). Ordinary travel expense of Commissioners and staff are normally 

charged to item 17 which specifically mentions 

'travel,' along wi{h a number of other types 

of operating expense. 

"Since item 17 Is the main operating account of the Library, covering all ordinary 

office maintenance expenditure (such as telephone, stationery, supplies, etc.) funds In It 
Mrs. Herbert Gambrel1 - Page 2 (V-1088) 

are stringently limited by the practical 

necessities of ordinary operation. In other 

vords, there would be some handicap to the 

Library in allocating to the ordinary travel 

account of item 17, travel expense of Commlssioners transacting elements of the unusual 

and complex business arising in connection 

with the renovation and reorganization program. It would appear that such necessary 

travel by a member or members of the governing body of the institution is a contingency 

properly covered by the word fcontingencies' 

in the appropriation made for Renovation and 

Reorganization, item 16. 

"I have recently asked two members of 

the Commission to handle some essential duties in connection with the renovation and 

reorganization program. These members are 

Mr. John Gould of Wichita Falls Vice Chairman of the Commission and Mr. 2. W. Kemp of 

Houston, whose knowledge of and interest in 

the Texas State Archives, which are particularly affected by the renovation and reorganization program, makes his service very valuable to us. 

"Mr. Kemp and Mr. Gould have agreed to 

render the Commission their service and I want 

to be familiar with the legal status of their 

reimbursement for travel, so that proper procedure may be followed, especially in the 

charging of their travel expenses to specific 

items of our approprfation. 

"It would be much appreciated If we might 

have your ruling on these questions: 

"1. May a Commissioner's expense for 

travel undertaken specifically to transact 

business of the renovation and reorganization 

program be charged to item 16, Renovation and 

Reorganization, without regard to the residual 

balance in item 17 the general operating account which specifically mentions travel? 

"2. If not, then if the residual balance 

in item 17 be insufficient for reimbursement of 
Ml-S. Herbert Gambrel1 - Page 3 (V-1088) 

such travel expense may such expense then 

be charged to Item 16 Renovation and Reorganlxatlon, or any other item of the appropriation made to the Commission?” 

The appropriations for the support and maintenance of the respective departments and agencies of the 

State for the current biennium beginning September 1, 1949, 

and ending August 31, 1951, are contained in the Departmental Appropriation Bill of 1949 (H.B. 322, Acts 5lst Leg., 

R.S. 1949, ch. 615, p. 1208). Section 1 of this Act contains specific appropriations to each of these departments 

and agencies 

commission, h 

including the Texas Library and Historical 

or each year of the k&rent biennium. These 

specific appropriations are followed by “General Provisions,n 

including Sections 2 through 38, which contain many restrictive provisions limiting and controlling the expenditure of 

the appropriations contained In Section 1 to the respective 

departments and agencies. Therefore, it becomes necessary 

in answering your questions to not only look to the specific 

items of appropriations with which we are here concerned, 

but to any general provision which may restrict or limit the 

expenditure thereof. 

The appropriations to the Commission for the Wain 

Library@ are found on page 1281 of the Act. Under the subhead “Maintenance and Mlscellaneousn appear Items 16 and 17 

to .khlch you have directed our attention. These Items read 

respectively as foll0ws: 

“For the Years Ending 

August 31, 

1950 

August 319 

19% 

16. Renovation and reorganization, including painting, repairing, floor coverings, light lng equipment, 

purchase or rentals of office machines, exhibit 

care and repair of 

g%ngs and statuary, extra help necessary to proJ-t, continaancies $50,000.00 $25,000~.00 
Mrs. Herbert Gambrel1 - Page 4 (V-1088) 

For the Years Ending 

August 31, 

1950 

August 31, 

195l 

17. Stationery, supplies, 

printing, postage, express,, freight, tele-' 

phone, telegraph, furniture and equipment, 

purchase or rental of 

office machines, bond 

premiums, *a el m 

m, automoZive - 

equipment and malntenante, contingencies 

(Emphasis added) 

#10,000.00 $10,000.00" 

The provisions of paragraph (b), Section 15 which 

especially apply to the appropriations contained in IJems 16 

and 17, are: 

"The appropriations herein provided are to 

be construed as the maximum sums to be appropriated to and for the several purposes named herein, and the amounts are intended to cover and 

shall cover the entire cost of the respec 4 .ive 

items and the same shall not be supplemented from 

any other sources. . . and except as otherwise 

provided, no other expendi&res shall be made, 

nor shall any other obligations be incurred by 

any department of this State; provided, however 

that nothing herein shall prevent any departmen 4 

head from paying less than the maximum amount set 

forth herein for any salaried posltions.n 

The above quoted restrictive language has been included In the res ective Departmental Appropriation Bills 

for many years. $ his office has heretofore answered questions 

calling for construction and application of this identical langua e to specific appropriations. A.G. Opinions Numbers O12&, O-1321, O-1332, G-5899, V-1015. 

The holdings in the above mentioned opinions in so 

far as applicable to your questions may be summarized as follows: 
.’ 

. 

Mrs. Herbert Gambrel1 - Page 5 (V-1088) 

1. When a department is Provided with a specific item of appropriation for "travel expenses," or,for 

travel and other expenses, the amount so, provided is the 

maximum which may be expended for "travel expense," and 

may not be supplemented ~from any sourcB, unless the appropriation bill specifically so provides. 

2. When a department has & been provided with 

a specific appropriation for "travel expenses" or for travel and~~'other expenses "travel expense" may be paid.from 

an item of approprlat1on for Qontingencies" or for "contingencies" and other expenses, unless the appropriat,ion 

bill specifically prohibits such expenditure. 

Item 17 contains appropriations for "travel expense,n and numerous other purposes. Item 16 contains appropriations for "contingencies~l and other purposes, none 

of which is for "travel expense." The appropriation bill 

in which these items are found does not specifically authorize the payment of traveling expenses incurred by members 

of the Commission, or any of its employees, out of "contingencies" or the appropriations contained in Item 16., 

In view of the foregoing, you are respectfully 

advised that travel expenses Incurred by a member of the 

Texas Library and Historical Commission in connection with 

the "Renovation and Reorganization" program, provided for 

in Item 16 of the appropriations to the Commission for the 

current biennium cannot be paid out of that item of’ appropriations, even fhough "the residual balance in Item 17 be 

insufficient for reimbursement of such travel expense." 

The only item of appropriations available for the payment 

of traveling expenses incurred by members of the cozuaission 

and employees of the Commission Is Item 17. 

SUMMARY 

Travel expenses incurred by a member of 

the Texas Library and Historical Commission 

in connection with the fqRenovation and Reorganization" program, provided for in Item 1.6 

of the appropriations to the Commission for 

the current biennium cannot be paidout of the 

appropriations contained in that item even 

though the residual balance in Item l$ be insufficient for reimbursement of such travel 
. 

MEi. Herbert Gambrel1 - Page 6 (V-1088) 

expenses. The only item of appropriations 

available for the payment of traveling expenses of members and employees of the Commission is Item 17 which is a specific appropriation for "travel expense." Acts 51st 

Leg. R.S., 1949 ch. 615 p. 1208; A.G. 

0 inions NOS. O-&34, O-1321, O-1332, O5b99, v-1015. 

APPROVED: 

C. K. Richards 

Trial & Appellate 

Division 

Yours very truly, 

PRICE DANIEL 

Attorney General 

Charles D. Mathews 

'First Assistant Bruce W. Bryant 

Assistant 

BWBtwb