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OFFICE OF THEATTORNN GENERALOF 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 0salatenanoe.

...

eetigetions and stas in coocarction with

.. $25,ooo,oo.~

of the a~otmt oftc;oney itenised **harein** for ~said. purpose. This provision sh6ll be applicable whether t&e'item for traveling expenses is to byepa'%dout of the ap?ropriction fro:1 the Csnersl Fund, froix fees, receipt6 or speo-lsl ~funds collect.ed by virtue of certain lesvs of LkRnState,

## 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-madethe 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=ountitemized 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 05stated 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 

### forexpendit~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 Ofe 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 euohitem.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 ZQntof the respootive objects should ba qvoilable fork erPt%lditwe, to defray 511 items of expanse neoeseery~to b-ecan. C. .S. Clark, pSg.e 3.

;3c~~rredin- 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 3land 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 SUPeppro~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~nd4, and, :conversely, items 3~and 4 aresnot ovallable to defray expenses incident to the perfomnce of 

### t>s remaining Sunotions of your department. It Sollows t.hntthe appropriation for ita 3 is aveilabla for all 8xpense8, including traveling expenses, nscesoerily incurred byyour department 

### inthe aooompliahment of the FJrpoae for %>lcheuch 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 ~itemis fxovided, but for no other expense of ‘the department.
Youra very truly ATTOR!ZlWGIXZRAL OFTIXA3 

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R

. . W, Feirohild Assistant