R-05 

OFPICE OF 

THE ArToRNEY GENERAL 

Ausmrv. TEXAS 

PRICE DANIEL 

NTORNEY GENERAl 

Janne~ry 11, 1947 

Roti. A. 0. Willman,’ Dire&or 

veterads State’Service Ciiice . . 

tina 0fm0 milafng 

Bustip, Texas ,’ qpsnion No. v-05 

Re: Whether or not it is legal for the Veterans 

Ystate Servfoe Olfiae to 

pay dut ot its expense 

f ua, expenses incurred 

by employee on temporary 

duty,~ suah employee being c.a.rriea on the s&l+ 

.a. qry payroll of the Adjutant General’s Department . 

Dear Mr. Willman: 

We beg to aaknowleage~ reoeipt or your request 

for an opinion upon the above subject ‘matter, yo~ur request being as follows: 

“Colonel Thomas W. Gahagen Gho ,is employed by the 

Adjutant Gene~ral’s Department ha& been assigned. 

to. this office on temporary duty effeotive Ootober 

22. Since that time expenses inourrsd by him whil’e 

traveling for this office are being paid Out of 

our traveling expense tuna. 

QUESTION: Is it- leg61 for the 

Veterans’ State Servlae Oiiioe 

to pay out o? its expense fund, 

expenses inourred by an employee 

while on temporary duty with this 

off ioe and employee is being carried 

on the salary payrolls of the Adjutant 

General *s Department?- 

We ‘beg to advise that the payment of the traycling expetie.. of the employee of’,.the Adjutant Gene,ral’s 

Department named ~by you may not be PaId from Item 104 - 
Hon. A. 0. Willman, Page 2 

Traveling expenses - of the appropriation for Veterans 

State Service Office, our reasons therefor being as follows: 

It is fundamental law that no monies may be 

paid from the State Treasury except upon a specific appropriation made by the Legislsturd for the particular 

purpose to which it is applied. Item 104 of your appropriation for traveling expense necessarily means that 

such fund is to be applied to the traveling expense of 

officers and employees in yo~ur Service. As we. understand your letter, the facts are that Colonel.Gahageh~is 

not an officers or, 'employeekhstever of your Service but 

on the contrary he is an officer or employee of the Ad- 

-jutantGeneral's- Department and his salary is being paid 

from the appropriate item of the appropriation for that 

department. While Colonel Gahagen is performing actual 

services for the ~beriefit of your Service, and while the 

cooperetion%n this respect of the AdjutantGeneral's Departsient Ss a most worthy one, nevertheless the Comptrollerwotid.not be~.authorized to approve the claim and is-. 

sue, his warrant for Colonel Gahagen's expenses against 

Item 104 or sny-other item of the appropriation for the 

Veterans Servke: 

This opinion follows opinion #O-7257 by this. 

department to Honorable L. A. Woods, State Superintendent of Public Instruction, wherein we said, "There is 

inthe,approp-riation. for. the State Depa'rtment.of Educa,; 

tion, ,for the.current biennium, Item.26; - Traveling 

Expense - $10,750.00 per annum. The purposefor which 

that item of appropriation is made is, of course, to 

pay the travelingexpense of ~knployees and representatives oft the~depsrtment. 'This could'not posdibly~be 

codstrued;to include the travel expense of persons, 

however worthy, a+ -~however: helpful;who werenot 'members or employees of the department." ,: 

. . 

SWRY: The travel expen.se.of one belonging 

~~'to'.the Adjutant General's Department 

~'whether~as an-offlcer'or an employee 

. ~maynot be paidfrom'the appropriation 

/~ y made'for‘travel expense'pf the Vete- 

.'rane Servfce~Gffice;such person be- i ,/ .I, *ingneither anoffiber.nor an employ- 

., '. ee df'tse‘~Veteraris:Service Office. 
Ron. A. 0. Willman, Page 3 

Very truly yours 

ATTORNEY GENERAL OF~T'EXAS 

By 4!2 & 

Ocie Speer 

Assistant 

APPROVED JAN. 11, 1947 

&& 

OS:WB* 

Approved Opinion Committee 

By %wB 

Chairman