GeneralK. L. Berry

The Adjutant Generalof Texas AUStlnj Texas Opinion No. NW-394

Re:

Dear GeneralBerry: Under specified conditions, can the Adjutant General's Department of Texas be reimbursed for travel funds 'expendedfrom Its appropriationby the Texa.s National Guard Armory Board for the ', servlc,es

rendered by employees of the Adjutant General'sDepartment in performing inventories in completing required reports on the facility at Eagle Mountain Lake, Texas, conveyed to the State of Texas by Public Law 85- 258, Eighty-fifthCongress, and related questions.

In your letter of,February 27, 1958, you request our opinion on three questions, substantiallyas follows:

(1) Under the conditionsasoutlined in thisletten,Lban.tbeiAdjutant~~,Gelieralrsj;Department of Texas be reimbursed for travel funds expended from Its appropriationby the Texas National GuardArmory Board for the services rendered by employees of the Adjutant General'sDepartment in performing inventoriesand completingrequired reports on the facility at Eagle Mountain Lake, Texas, conveyed to the State of Texas by Public Law 85-258, Eighty-fifth'General K. L. Berry, Page 2 (WW-394)

Congress?
(2) If your opinion to the question (1)above is in the affirmative, can the relmbursement be made from National GuardArmory Board local funds? (3) Can any future travel expense incurredby employee% of this department for,the specific services rendered in oonnectlonwith completion of inventoriesand condition report required by the Navy prior to the execution of the quit-claim deed covering the former United States Marine Corps Air Station at Eagle Mountain Lake to the State of Texas be paid by the Comptroller on travel vouchers processedand approvedby the Texas National GuardArmory Board?

you state that prior to executing the quit-claim deed to the State of Texas, the Secretary of the Navy has stipulated oertainreport% and surveys of the premise%be made in conformancewith certain lnstruotionsand on certain form% specifiedby the Navy Department. However, you state theArmory Board does not have In its employ qualified inventory personnel to send to Eagle Mountain Lake for the purpose::, of conducting the joint survey and completing the report required by the Navy before the quit-claim deed is executed. You further state the Adjutant General'sDepartment does have such qualified personnelwho have already perfomed certain of these services referred to above, and it is anticipated that such personnelwill complete the requirements in the future, but you state the Adjutant General'sDepartment does not have sufficientappropriated funds to cover the travel expense of the employeesnecessary to complete such work and also perform other necessary departmental travel for the remainder of this fiscal year. Beca,use you have made no mention of any existingO&zer,+agencycontract betwee,n

the agencies effected for furnishing such services,we assume there Is no such contract.

Within the general provisionsof the appropriation bill (RouseBill 133, Acts 55th Legislature,Regular Session)
an agency may expend appropriated funds for travel expenses of its own employaes inourred in the conduct of its authorized State business. However, before one agency may pay expenses &another agency, there must be specific authorizationthere-

. When such authorization exists, the availability of the receiving agency's appropriation'+ defray such expense is determinedby ascertainlng,thatthe expense is incurredby permissionof the receiving agency's departmenthead for expenses Incurred in performing suoh~ agency's duties--notbyGeneral K. L. Berry, Page~3 (WW-394)

the departmental connection'dfi:the,person who incurs the expense in rendering the services.
NO. o-2258, 1940). (AttorneyGeneral's Opinion But we are unable to find authorization in the current appropriationbill for the specific payment% herein questioned.

Section 5, Article VI, General Provisions,page 226, of the Supplement to House Journal, 55th Legislature,Regular Session,which Is the text of House Bill 113, 1% not authority for reimbursement payments to be made.between State agencies, but concern%how such payments shall be made, and appropriating to the receiving agency suoh reimbursementpayments in order to authorize such receiving agency to expend such funds.

Therefore,we conclude there is no authorization for the Texas National GuardArmory Board to reimburse the Adjutant General'sDepartment for travel expenses inourredby employees of such Department in accompl,ishing authorized State business,
even though beneficial to such Board, absent speciflo authorization providedby law. Yourthree inquiriesare answered in the negative.

SUMMARY

There Is no authority in the current appropriationbill for the Texas Natlonal GuardArmory Board to reimburse the Adjutant Qeneral'sDepartment for expenses lnourredby suoh Department's employees in inventoryand surveying facilitiesat Eagle Mountain Lake, Texas, under the faots presented, absent a valid inter-agencycontract for such services.

Yours very truly,

WILL WILSON Attorney General of Texas 

# By cl/LA%$A$

Tom I, McFarling Assistant

TIM:wamGeneralK. L. Berry, Page 4 (WW-394)

APPPROVEDr

OPINION COMMITTEE
Qeo. P. Blackburn, Chairman

Marietta Payne

B. Ii.Timmlns, Jr.

Fred Werkenthin

L. P. Lollar

REVIEWED FOR THE ATTORNEY GENERAL

BY: W. V. Geppert