March 7, 1950 

Hon. V. 0'. Marshall Executive Director 

State Soil Conserva 4 Ion Board 

Denman Building 

Temple, Texas 

Opinion No. V-1015 

Dear Sir: 

Re: Availability of Item 17 of 

the Current Appropriation 

to the State Soil Conservation Board for the payment 

of per diem and mileage of 

delegates attending a special District Conservation 

Convention. 

Reference is made to your recent request for 

an opinion on the above captioned subject. your question reads as follows: 

“Is It permissible to pay the mileage 

and per diem of delegates to a district convention on the occasion of a special election to fill a vacancy on the State Board, 

as is provided in H.B. 444, Section 4, B and 

C, out of a fund of $6,000 made available to 

the State Soil Conservation Board for heat, 

light water cant office equipment, 

furnibre, sJatlonery, p&tlng, telephone, 

telegraph, postage express, publications 

and notices of pub& hearings?” 

Acts 

The “State Soil Conservation Law” (H.B. 464, 

47th Leg. 1941, ch. 308, p. 291, Art. 165a-4, 

V.C.A.) divides’the State into five “State Districts,** 

for the sole purpose of electing one of the five members 

of the State Soil Conservation Board from each State District. The full term of office of a member of the Board 

w is five years, and the term of office of only one member 

expires each year. 
. . 

‘,. 

Hon. V~. C. Marshall - Page 2 (v-1015) 

When the term of office of a member of the 

Board expires, or a vacancy occurs In his office by 

death, resignation, or otherwise, the Board calls a 

VIDlstrict Conservation Convention” to be held at a certain time and place for the purpose of electing a successor to the retiring member. Notice is given by the 

Board to the County Judge of each county in the State 

District and a delegate to the Convention is selected 

In each county In the manner prescribed by the State 

Soil Conservation Law. The Convention elects a new member of the Board for either a full term of five years, 

or, as In this instance, to serve the unexpired term of 

a member whose office has become vacant. 

The State Soil Conservation Law provides that 

a delegate attending the Convention “shall receive Five 

( 5) Cents per mile for travel each way between the County Seat of his county and the place where the District 

Convention is held, and Four (&I Dollars per day, not 

to exceed two (2) days, to be paid by the State Soil Conservation Board.” 

Items 1, 2 and 3 of the appropriations made 

to the State Soil Conservation Board for each year of 

the current biennium (H.B. 322 

615, P. 13331, 

Acts %st Leg., 19k9, ch. 

read respective i y as follows: 

Election of Board Members 

Item 1. “Per diem of Delegates........ $ kOOOO0” 

Item 2. “Mileage of Delegates.. . . . . ..* $ 600.00” 

Maintenance and Miscellaneous 

Item 17. “Heat, light, Water, Contingent, 

Off ice Equipment, Furniture, 

Stationery, Printing, Telephone, 

Telegraph, Postage, Express, 

Publications and Notices of Public Hearings...................$6110G0.Gcr’ 

The pertinent provisions of paragraph (b), 

Section 15 (General Provisions) of H.B. 322 are: 

“The appropriations herein provided are 

to be construed as the maximum sums~to be appropriated to and for the several purposes 

named herein, and the amounts are intended,to 
I’ 

Hon. V, C. Marshall - Page 3 (V-1015) 

cover, and shall cover the entire costs of 

the respective items and the same shall not 

be supplemented from any source. . . and no 

other expenditure shall be made 

d 

nor shall 

any other obligation be incurre by any department of this State, . . .I1 

Questions very similar to your question have 

been answered in former opinions of this office. These 

opinions uniformly hold that where a sum is provided in 

an appropriation bill for a particular item of expense, 

that sum is all that the Legislature Intended to be 

available for the item of expense, and may not be supplemented from any source, unless the appropriation bill 

specifically so provides. 

O-5899. 

A. G. Opinions Nos. O-1332, 

Item 1 is an appropriation to pay per diem of 

delegates to District Conservation Conventions and Item 

2 Is an appropriation to pay mileage of such delegates. 

These appropriations are not limited to the payment of 

per diem and mileage of delegates attending the regular 

annual conventions held for the purpose of electing a member of the Board for a full term of office, but are to pay 

such per diem and mileage of delegates attending any such 

convention, regular or special. 

There is no provision in H.B. 322 specifically 

authorizing the State Soil Conservation Board to pay per 

diem and mileage of delegates attending a District Conservation Convention out of the appropriation for contip69 

and other purposes contained in Item 17. Therefore, 

e approprition contained in Item 17 is not available 

for the payment of such per diem and mileage. 

The per diem and mileage of delegates 

attending a special District Conservation 

Convent ion cannot be paid out of the appropriation contained in Item 17 of the current 

appropriations to the State Soil Conservation Board. Acts Q.st Leg., 1949 ch. 615 

p. 1333; A. G. Opinions Nos. O-1332, O-5896. 

Such payments may be made only from the 
Hon. V. C. Marshall - Page 4 (V-1015) 

specifically itemized appropriations for 

that purpose, being item 1. "Per diem of 

delegates" and Item 2. "mileage of delegates." 

Very truly yours, 

APPROVED: 

PRICE DANIEL 

Attorney General 

C. K. Richards 

Trial & Appellate Division B---d y 

BY 

Charles D. Mathews 

Executive Assistant 

BWB:wb 

Bruce W. Bryant 

Assistant