### THEATTORNEYGENERAL
OF TEXAS

Dr

. M. H. Crabb, Secretary Texas State Board of Med-i~cal Examl.ners Medi.calArts Bu-llding F?rt WDrth, Texas

Dear Dr. Criahb: **Re:** Travel Expense 3ut 3f Med:icalReglstratign Fund.

Y?u have ro2uested an opinion fr?m th,'e?ffl.cec3nce:;n!nc:

the fn113v:ingquestj9n:

"We are desirous of knowing whether
an Assistant Attorney Cenei;r,l other than
one he';n~:

paid the salary in Item 

### 34 can be ::'aid

traveling expenses out 3f Item 

### 3ii when he is en,gaC;ed -rntravel;~ngt? Bgard heerj~ngs3f the State bard 3f Medical Exam'lnersand re-resenting the said FiDard 'n the various District Courts 9f th.'sState."

Items 

### 34 and 35 3f the Appropriations to the Attgrney General's 0ff:ce cDn'cainedin House Bill 133, Acts 3f the 53th Legislature, Rerular Session, 

### 1957,Chapter 

### 305, Page 

### 870,at P2ge 9'17 (General Appropriations Act), read as f3llows:

"Out sf the Medlcal

Registration Fu'nd 

### 34. Assistant Attorney General 

### 35. Travel p;;; g;;;
'i‘ Tntal out r~fthe Dled'cal Registration Fund $9,500 $9,500"

The Medical Regjstration Fund is a special **Statu** tory fund created by the provisions 3f Art'cle 4498a, VP>- '1~7'sC;vil Statutes. Section 3 3f Art~;cle14498areads in part as follows:.

Dr. M. H. Crabb, page 2, (W-57)

"All annual registration fees collected by the Texas State Bnard of Medical Examiners under this Act shall be placed i.nthe State Treasury, to the credit of a special fund to be known as the 'Medical Registration Fund,' and the Comptroller shall upon requisition of the P80ardfrom time to time draw warrants upon the State Treasurer for the amounts specqfied in such requisit'on; provided, however, the fees from this Medical Registration Fund shall be expended as speclfled by Itemized approprl,ati,on

in the General Departmental Appropriations Bi,ll,and shall be used by the Texas State Board of Medical Examiners, and under its direction, in the enforcement of the laws of this State prohibiting the unlawful practice of medicine, and in the disseminat'on of information to prevent the violation of such laws and to aid in the prosecution of those who vjolate such flaws. The Texas State Board of Medical Examiners shall.be authorized to employ and to compensate from such special fund employees and such other persons as may be found necessary to assist the local prosecut'ng officers of any county in the enforcement of all the laws of the State prohibiting the unl:;wfulpract'ce of medicine,and to carry out the other purposes for,. which said fund inshereby appropriated. Provided that all such prosecutions shall be subject to the direction and control of the regularly and duly constituted prosecuting officers, and nothing in this Act shall b,econstrued as depri~vi;ng them of any authority vested in them by law.

It is the Medical Board's interpretation of Article 4498a and the General Approprlatlons Act above quoted that monies appropriated out of the Medical Registrat?on Fund by Item 

### 35 may be expended for any travel by any employee of the Office of the Attorney General when traveling on official business in the enforcement of the Medical Practice Act. It is the Comptroller's i~nterpretationthat "travel" inslimited to travel of the Assistant Attorney General who is compensated out of Item 

### 3'1 above quoted.
Section 

### 3 of Arti.cle&+%a states the purposes for whi,chMedical Registration Funds may be expended; namely, (1) as specified by itemized appropriations in the General Departmental Appropri.ationBill (currently House Bill 

### 133, above quoted); (2) and for the purpose of enforci~ngtheD1~.EI.H. Crabl~, ;lacc

### 3, (WW-557)

The I~art:culo;~

expense account currently turned dcwn by the Comptrollcr'r Offj~cewas for r~;mhursement of necessary expensc;r-incllrrcd by an As~stant Attorney Ccnerol who traveled on off!c!.alhue,incscin mak-lng-Invest~:[;nt;.:\n

of n c?m.,la7nton f-liew 'th the Texas State F ::,.d 3f Medi,calExtiminc~~s 2lleGlng vqnlnt'Dne of the Medqcal Practl~ceAct.

It ls noted thzt Ttem 3ijmakes an appr3prl~at1on fo:; "travel. " Stnndl~nc; alone th:ls~3rd does not limit travel. Therefore, the only llmltation f3r th.:sItem ~1sthe rl~dersIn the ii:>proprI~2ti3n I?'11and !!rt?.cle 

### i+ 4g1' a
. We have c2.r~cfully examtned the General ;\]ipro?r'- et??n Act and thr:;c 'c no rl,derwh,'chw?ulcl l-:,m.it Item 3:~! t3 any one i~nd;v'dual. Llkerj;isethere is nsth?ng in the pre-ex~isti~n:: law (Art'cle 443&j which w-:cldl!~mit the nlumber3f ei!lrloyees 3f the Attorney General's Off'ce wh> may travel 3n ~ff;c~al business ;n enforcing the prov's'3ns of the Xed+.calPracti_ceAct.

The-efore, you are advi.sedthat Item 25 m2y be ex!?endedfC)rany Qff:ic-'al travel hy an cm;-lgyeeor emaloyees of the !.ttorneyGcncral's Off-icewhen traveling
on 5ff:ci~zlbus'ness 'inthe enforccmcnt ?f the :‘sr3viSiren?of the Medical Practice iict.

Item 

### 35 3f the arpr3prlat~'on to the Attorney General's Offr'cccgnta?:i~ned in House !7-'11



### 133, Acts 3f the 35th Legislnturc, Regular Sees,lDn,1957, Charter 

### 3rj5,Page 

### 870, at Page 

### 947 (General Arproyriat-!3ns Act) may be expended f3r 9ffic?al travel performed by any employee 31:employees of the Attorney General's Off-ice fgr travel-!ngon 3ffJcial business '.nthe enforcement 3f the Fledi,cal Pract'ce Act.

Yours very trtily,

WILL WILSON Attorney General 3f TexasDr. M. H. Crabh, Pa@ '1,(WW-557)

JR:rm

APPROVED Opinion Committee Geo. P. Blackburn, ChaIrman

L. P. Lollar Martin DeStefano Jze Allen Osborn
;yIEWED FOR THE ATTORNEY GENERAL : W. V. Geppert