R-05
OFPICE OF THE 

## ArToRNEY 

# GENERAL

Ausmrv. TEXAS

PRICE DANIEL NTORNEY GENERAl Janne~ry11, 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~urrequest being as follows:

“Colonel ThomasW. 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~byyou 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 specificappropriationmade by the Legislsturd for the particular purpose to which it is applied. Item 104 of your appropriation for traveling expensenecessarilymeans 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,'employeekhsteverof 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 ColonelGahagen is performingactual services for the ~beriefit of your Service, and while the cooperetion%n this respect of the AdjutantGeneral'sDepartsient

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, ,forthe.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 oftthe~depsrtment. 'Thiscould'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'oran employee

. ~maynot be paidfrom'the appropriation /~ ymade'for‘travel expense'pf the Vete- .'raneServfce~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