OFFICE OF THE A-ITORNEY GENERAL OF TEXAS 

AUSTIN 

Bon. Bert PO&., Administrator 

Texas Llpuor Control Board 

Auatl n, Texas 

We quote here 

oontaini.ng a reuueut to 

as iallowst 

ter or Auguut 9th 

u8 tada duQartamt 

in Dallsa, aal to rhfob be had not tbaratehre 

beat ordered to rmun. 
234 

Iion. Bert Ford, Administrator, Page 2 

a past of hie expenses for room and wale. 

h?r. Pope is not submitting any expense aooount fok hle bill at the hoepital other 

than above ment loned. In the event you find 

this mrmnt 18 due, oould It be paid out of 

our ourrent appropriatlonel~ 

The payment of %raoellng expense* am allow06 

to the rarloue orfioere, aeeietante, deputies, olerke and 

other employeee in the vartoue departments of the &ate 

government, out or any runde approprSated by the Leglelature, ie governed by the language of the general statute 

reIating thereto. 

Astlole 6823, R. C. S. oi 1925, as amended, being the atatutee rererred to reads at3 follower 

.- 

*The trarellng and other neasesary ex- 

.pensae lnaurred by the various offlaere, 

assistants, deputies, olarke and other employees in the various depafirasnte, instifutione, boards, oommlselone or other eubdlvleions or the State Oovernmnt, in the aative 

dleaharge or their duties ahall be tyah as 

are epealfioall~ fired and appropriated by 

the Legislature in the general appropriation 

bills providing ror the exp~et38 0r 'the Stat.0 

coverwent rrom year to yefar..... 

It will be nated that the above statute does snt 

unqualliledly authorize or allow trwellng expenea but oontaine words of llmitatlon,~whlah in effeat, states *traveling and other neoeesary expeneee inaqred br the ra3?loa8 

ofriaers.. . . in the aatlte disahar e oftheir dutie eball 

be euah as aGe=ly + xe anhapprop -d a 8 ..d.* 

We find the follow%ng language uood by the 44th 

Legfelature in the general appropriation bill applloable, 

Seation 2 thereof, the, pmvlaione or rhlah are to be oonstrued with the above statute: 

w....(e) Ai1 em~loyese traveling at the 

expense or the state, are hereby limited to 
Eon. Bert Ford, .kdmlnlstratar, Pago 2 

the r0u0ring amounts ror male and lodglng~ 

for male not exaeedl 

lodging not exaeedlng 7 

(1.20 per day, for 

2.00 per night, for 

mosey aatmlly SxpendSd only;.... 

“(f) The following rule shsll be obsenml 

by.all State smploySSe In rendering their oxpence aaaounts before any l xpenee shall be pal4 

from appropriatlon hsreln ma&S Sor *traveling 

expenses*: 

“41.) There must be a oonoiee etatomnt of the duties parioraed.... 

S(2) The a~- or hot81, rSetaurant, 

boarding or roawlng houeo in whlah 

meals end lodging are prooured e&l1 

ba given In every aaso where a reeelpt 

18 rSquIre4 undSrthe aat....” 

In aanrmatlon with your roqwit, our l ttSStlon 

has bean dlreoted to a rormr opinion rendSn4 by Bon. 

Leon Xoeee, Assistant Attorney Oensral, dlreated to you 

under date of September 1, 1937, a aopy of WhlOh you no 

doubt bmo in your riles. Xt 18 apparent from the opinion 

of Mr. Moses, hating the partloular e.xpenm aoaount eubwitted and before him at the tlmS, that his aonaluelon wSS 

reaahSd as a raeult of eSl.4 expmm aoaount falling ta 

dlealoee ary duties wrtorm4 or that durl&g thS perla4 of 

aonflnewnt to the hoepltol Mr. Pope was not ShgSgS4 in the 

aatual dleahsrge ot NE 4utlsS. wo are foraS to aeume 

that tbS aoaount rae aarreatly eubSitts& as you do not aontend any error in SSWS in your letter nor are sny iaot8 

aontaln& therein dleoloelng any duties bslng p~rtOrme4 

by Er. Pope while being aonflned to the hospital. 

It is therefore, the opinion of' this 4SputmSnt 

that Er. Pope 1s not entitled to draw his #S.20 QSr 4~y 
Hon. Bert Ford, Administrator, Page 4 

inkrmd 15 1931 for expenses ror rooms an4 meals during 

tha period at oonfinement in a hoepl tal, not being engaged at the time in thS aatlre aleaharge of Ne duties. 

Yours very truly 

RAL OFJTEXAB 

, 

- % J!f? lung 

Aueleta5~ 

APPROVEDS~ 1, 1939 

L.-J--5 

ATTORNEY GENERAL OF l'EZ#S