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: Availabilityof Item 16 of the appropriations

for the current .bienniumto the Texas Library and HistoricalCommission 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 Commissionwould appreciatea ruling regarding the chargeability

of travel expense of members of the Commissionto specific appropriation items made to the Commissionby the Legislature.

. . "The Commlssionls

need for a current ruling grows out of these circumstances: the last regular session of the Legislature made
an approprlatlomof $75,000 to the Texas Llbrary and Historical Commissionfor '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 operatingaccount of the Library, covering all ordinary office maintenanceexpenditure (such as telephone, stationery,supplies,etc.) funds In ItMrs. Herbert Gambrel1 - Page 2 (V-1088)

are stringently

limited by the practical necessitiesof 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 transactingelements of the unusual and complexbusiness arising in connection with the renovationand reorganizationprogram. It would appear that such necessary travel by a member or members of the governing body of the institutionis a contingency properly covered by the word fcontingencies' in the appropriation made for Renovationand Reorganization,

item 16.

"I have recently asked two members of the Commissionto handle some essentialduties in connection with the renovationand 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 affectedby the renovationand reorganization program,makes his servicevery valuable to us.

"Mr. Kemp and Mr. Gould have agreed to render the Commissiontheir service and I want to be familiarwith the legal status of their reimbursementfor travel, so that proper procedure may be followed,especiallyin the charging of their travel expenses to specific items of our approprfation.

"It would be much appreciatedIf we might have your ruling on these questions:

"1. May a Commissioner's expense for travel undertaken specifically to transact business of the renovationand reorganization program be charged to item 16, Renovationand Reorganization,

without regard to the residual balance in item 17 the general operatingaccount which specifically mentions travel?

"2. If not, then if the residualbalance in item 17 be insufficient for reimbursement

ofMl-S. Herbert Gambrel1 - Page 3 (V-1088)

such travel expense may such expense then be charged to Item 16 Renovationand Reorganlxatlon,or any other item of the appropriation made to the Commission?”

The appropriations for the support and maintenance of the respectivedepartmentsand agencies of the State for the currentbienniumbeginning September 1, 1949, and endingAugust 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 specificappropriations to each of these departments and agencies commission,h includingthe Texas Library and Historical

or each year of the k&rent biennium. These specificappropriations are followedby “GeneralProvisions,n includingSections 2 through 38, which contain many restrictive provisionslimiting and controllingthe expenditureof the appropriations contained In Section 1 to the respective departmentsand agencies. Therefore, it becomes necessary in answeringyour questions to not only look to the specific items of appropriations with which we are here concerned, but to any general provisionwhich may restrict or limit the expenditurethereof.

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. Renovationand reorganization, includingpainting, 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~.00Mrs. 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 - equipmentand malntenante, contingencies (Emphasis

added) #10,000.00 $10,000.00"

The provisionsof paragraph (b), Section 15 which especiallyapply to the appropriations contained in IJems 16 and 17, are:

"The appropriations herein provided are to be construedas the maximum sums to be appropriated to and for the several purposesnamed herein, and the amounts are intended to cover and shall cover the entire cost of the respec .ive 4 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 incurredby 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 salariedposltions.n

The above quoted restrictivelanguagehas been included In the res ective Departmental Appropriation

Bills for many years. $

his office has heretoforeanswered questions calling for construction and applicationof this identicallangua e to specificappropriations. A.G. OpinionsNumbers O12&, O-1321, O-1332, G-5899,V-1015.

The holdings in the above mentioned opinions in so far as applicableto your questionsmay be summarized as follows:.’ .

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

1. When a department is Providedwith a specific item of appropriationfor "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 appropriationbill specificallyso provides.

2. When a departmenthas & been providedwith

a specificappropriationfor "travelexpenses" or for travel and~~'other

expenses "travel expense"may be paid.from

an item of approprlat1onfor 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 appropriationsfor "contingencies~l and other purposes,none of which is for "travel expense." The appropriation bill in which these items are found does not specificallyauthorize the payment of traveling expenses incurredby 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 Incurredby 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 insufficientfor reimbursementof such travel expense." The only item of appropriations available for the payment of traveling expenses incurredby members of the cozuaission and employees of the Commission Is Item 17.

SUMMARY

Travel expenses incurredby a member of the Texas Library and HistoricalCommission 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 residualbalance in Item l$ be insufficientfor reimbursementof 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 specificappropriationfor "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