General K. L. Berry 

The Adjutant General of Texas 

AUStlnj Texas 

Opinion No. NW-394 

Re: 

Dear General Berry: 

Under specified conditions, can the 

Adjutant General's 

Department of Texas be 

reimbursed for travel 

funds 'expended from Its 

appropriation by the 

Texa.s National Guard 

Armory Board for the ', 

servlc,es rendered by 

employees of the Adjutant General's Department 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-fifth Congress, and related questions. 

In your letter of,February 27, 1958, you request our 

opinion on three questions, substantially as follows: 

(1) Under the conditions asoutlined in this 

letten,Lban.tbeiAdjutant~~,Gelieralrsj;Department of Texas be reimbursed for travel 

funds expended from Its appropriation by 

the Texas National Guard Armory Board for 

the services rendered by employees of the 

Adjutant General's Department in performing inventories and completing required 

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 Guard Armory 

Board local funds? 

(3) Can any future travel expense incurred by 

employee% of this department for, the specific 

services rendered in oonnectlon with completion of inventories and 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 

processed and approved by the Texas National 

Guard Armory Board? 

you state that prior to executing the quit-claim 

deed to the State of Texas, the Secretary of the Navy has 

stipulated oertain report% and surveys of the premise% be 

made in conformance with certain lnstruotions and on certain 

form% specified by the Navy Department. However, you state 

the Armory 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's Department does have 

such qualified personnel who have already perfomed certain 

of these services referred to above, and it is anticipated 

that such personnel will complete the requirements in the 

future, but you state the Adjutant General's Department does 

not have sufficient appropriated funds to cover the travel 

expense of the employees necessary 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 existing O&zer,+agencycontract betwee,n the agencies 

effected for furnishing such services, we assume there Is no 

such contract. 

Within the general provisions of the appropriation 

bill (Rouse Bill 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 authorization there- 

. When such authorization exists, the availability of the 

receiving agency's appropriation'+ defray such expense is 

determined by ascertainlng,that the expense is incurred by 

permission of the receiving agency's department head for expenses Incurred in performing suoh~ agency's duties--not by 
General 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). 

(Attorney General's Opinion 

But we are unable to find authorization 

in the current appropriation bill 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 reimbursement payments in 

order to authorize such receiving agency to expend such funds. 

Therefore, we conclude there is no authorization for 

the Texas National Guard Armory Board to reimburse the Adjutant 

General's Department for travel expenses inourred by employees 

of such Department in accompl,ishing authorized State business, 

even though beneficial to such Board, absent speciflo authorization provided by law. Yourthree inquiries are answered in the 

negative. 

SUMMARY 

There Is no authority in the current 

appropriation bill for the Texas Natlonal 

Guard Armory Board to reimburse the 

Adjutant Qeneral's Department for expenses lnourred by suoh Department's 

employees in inventory and surveying 

facilities at Eagle Mountain Lake, 

Texas, under the faots presented, 

absent a valid inter-agency contract 

for such services. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

By cl/LA %$A$ 

Tom I, McFarling 

Assistant 

TIM:wam 
General K. 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