March7, 1950

Hon. V. 0'. Marshall Executive Director State Soil Conserva4Ion Board DenmanBuilding 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 diemandmileage of delegates attending a special District Conservation Convention.
Reference is madeto your recent request for an opinion onthe 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 avacancy onthe State Board, as is provided in H.B. 444, Section 4, Band C, out of a fund of $6,000 madeavailable to the State Soil Conservation Board for heat, light water cant office equipment, furnibre, sJatlonery, p&tlng, telephone, telegraph, postage express, publications andnotices 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 memberof the Board w is five years, andthe term of office of only one member expires each year.**. .** **‘ ,.** 

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

Whenthe term of office of a memberof 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 anda delegate to the Convention is selected In each county In the mannerprescribed by the State Soil Conservation Law. TheConvention elects a newmember of the Board for either a full term of five years, or, as In this instance, to serve the unexpired term of a memberwhose office has become vacant.

TheState Soil Conservation Lawprovides that a delegate attending the Convention “shall receive Five (

### 5)Cents per mile for travel each waybetween the County Seat of his county andthe place where the District Convention is held, andFour (&I Dollars per day, not to exceed two (2) days, to be paid by the State Soil Conservation Board.”

Items 1, 2and

### 3of 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 y as follows:

i 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,

Office Equipment, Furniture, Stationery, Printing, Telephone, Telegraph, Postage, Express, Publications andNotices of Public Hearings...................$6110G0.Gcr’ Thepertinent provisions of paragraph (b), Section 

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

“The appropriations herein provided are to be construed as the maximumsums~to be appropriated to and for the several purposes namedherein, 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 andthe sameshall not be supplemented from any source.
. . andno other expenditure shall be made dnor 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 sumis provided in an appropriation bill for a particular item of expense, that sumis all that the Legislature Intended to be available for the item of expense, andmaynot be supplemented from any source, unless the appropriation bill specifically so provides. 

### O-5899. A. G. Opinions Nos. O-1332,

Item 1 is anappropriation 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 andmileage 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 andmileage 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 andmileage 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 diemandmileage.

The per diem andmileage of delegates attending a special District Conservation Convention 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 maybe madeonly from theHon. 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: PRICEDANIEL Attorney General C. K. Richards Trial &Appellate Division B---d y BY Charles D. Mathews Executive Assistant BWB:wb Bruce W.Bryant Assistant