576 

OFFICE OF THE ATTORNN GENERAL OF TEXAS 

AUSTIN 

Eon/C. S. Clar'h, Chairman 

Board of Kater Engineera 

Austin, Texas 

Ijeer Sir: 

Semite Bill $27 

Regular Seesion, provid 

departmnt, aszonk, other 

%aintenenae and l(isce1 

0 salatenanoe. . . . 

eetigetions and stas in coocarction with 

. . $25,ooo,oo.~ 

of the a~otmt oft c;oney itenised harein for ~said. 

purpose. This provision sh6ll be applicable 

whether t&e' item for traveling expenses is to 

bye pa'%d out of the ap?ropriction fro:1 the Csnersl 

Fund, froix fees, receipt6 or speo-lsl ~funds collect.ed by virtue of certain lesvs of LkRn State, 
577 

ffonr C. 5. Clark, Fage 2. 

or frQm. other. funds (exclusive of $eder&’ funds) 

available for use by a.depertment.W 

Concerningthis rider, in our conference opinion 

~lo. 3032, w5 -made the goner51 observation that, since the 

Prohibitioniw5e clear and explicit, it needed no construe-. 

tion and effectively, prohibited the expenditure oft funds’ 

for’traveling expenses by a depaartment in exaess of ‘the 

B=ount itemized for that purpose. 

Referring’ to the above matter, you request the 

opfnion~ of this department upon the question whether ‘.tr%vellag :exp.enses neoeasery to ~accomplish the purposes for which 

itemcae 3 end 4, above quoted, were :provided by the Legislaturo, ‘my be p&d out of such respective items. 

The rule governing the matter is clear. arid is 

05 stated in the provision of the rider above quoted. It 

io. the application of the mile which gives rise to difSioulty, for, having stated the rule, it is necessary, in 

wderto ,apply it, to deter-mine the following question: 

What~~ itema provided by the Legislature 

for expendit~ure by a particular department were 

intended by the Legislature to include traveling exp8nses?st 

In a reoent. conference opinion rendered by this. 

department, it was held that, where a department or division 

Of e degortment ~5s provided with no speciio’item for 

“tr5vellng expenses,” but was provided with au item for 

“contingent expenses,” .it was the 15gislatlve intent that 

euoh item.should include provision ~for necessary traveling 

expanses of the department or divi eion of 5 department. 

(Conrerence opinion No, 30S9). 

Your question’ eerves but to emphasize the truism 

t33t, in ordor .to apply any sule of law, it is first neoeJs5ry to determine the facts. 

It ia apparent that, in providing items 3 end 4, 

nf yollr approprietion nbove quoted, it wss.‘the legislative 

:atgt that. the pum of noney provldad for the accoonplisb 

ZQnt of the respootive objects should ba qvoilable fork 

erPt%lditwe, to defray 511 items of expanse neoeseery~to b-e 
can. C. .S. Clark, pSg.e 3. 

;3c~~rred in- oonneotion with the accom~li6hment o,f such ob jecte. 

T, otber Pords, Sor the purpose oS osrrying cut the Sunc,tions 

s your doyrrrtment grncrelly, excluding the purpones for 

+.fch Items 3 land 4 were-provlde.d, the Legislature appro- 

;:ihted specific items; but for the purpose of defraying 

*II costs and expenoe incident to the performanoe of two 

r;ilrate and distinot iunctions or dutie6. of gone departSQnt, tb6. Legislature provided two separate and distinct 

i63p SUP eppro~riations. 

The itoa for “traveling expeuzea . . . $2,‘6OO,OO,v 

therefore, 15 not available to defray traveling expenses 

f.?cldent to the performanoe of the purposes set out in 

lim3 3 6~nd 4, and, :conversely, items 3~ and 4 ares not ovallable to defray expenses incident to the perfomnce of 

t>s remaining Sunotions of your department. It Sollows 

t.hnt the appropriation for ita 3 is aveilabla for all 

8xpense8, including traveling expenses, nscesoerily incurred 

by your department in the aooompliahment of the FJrpoae for 

%>lch euch item ie provided but fox no other ex.penses of 

tte departnent: Likewise, item 4 is available for all 

expc.nees, including traveling expenses, necesssrily incurred 

fn the 6coonpli6hment of the purpose for vrhioh such ~item is 

fxovided, but for no other expense of ‘the department. 

Youra very truly 

ATTOR!ZlWGIXZRAL OF TIXA3 

m 

&&LA< 

R . . W, Feirohild 

Assistant