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<p>OFFICE OF THE AlTORNEY GENERAL OF TEXAS 
AUSITN </p>
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wonorable silian ..cntgonery - Page 2 644

In this respect, the provisions of this bill are
tho sam as the provisions in the Departmental
Appropriation bills over a period of eight or ten
yoars. The construction of this Dopartment has
bean that tho amount of noney itemized and ap-
propriated for stationery, cffice supplias, et
cetera is for tho purpose of meeting the necds of
the itariged employace of tho Department for such
supplies and services.

“py far the greater number of employees
of this Depertoent ere field employees whose posi-
tions Gro not itemized in the Departmental Appro-
priation bill and for the payment of whose salar-
ios the Legisleture has made ne gpecifie appropria-
tions. The duties of all euch field employees per
tain to ani are directly chargeable to the ostab-
lishment, censtruction, and maintenance ef a systan
of highways, and their salarics and expenses as
well as all of the supplies ani equipment necessary
for their use in the past have always been paid dt-
rectly from the State Highway Fund. This procedure

prior to the beginning of this fiscal year has never
been questioned.

"The office cf the Comptroller of Public
Accounts has questioned and refused te pass for pay-
nent certain youchersa covering payment of current
purchases of items of materiais and ee need
in sho sonstruceson and maintenense oe es = Steen
canse Highway Departmen charged suc’ ons
against the Highw for the construction and
maintenance of hi a rather than against the
Legislative budget ef $92,539.00 a yriated by
the Legislature for the administration cf the iten-
ized divisions of the Highway Department. Soveral
of the items in question were delivered in Anugtin
because of econondes made at the time cf the
chass, but later vers sent to the field districts
for use, however, all ef the itema witheut exeap-
tion were used by field empleyees not itemized in
the Appropriation Bi11,*

You follow this statament with « group of typical
dtems which you construe as coming vithin the benefit. of the

Bighvay Fund appropriation, as above etatec ani cutlined by
yot. |
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<div class="ocr">| 642
Honcrable Julian Kontgomery «- Page §

Your specific inquiry ia as follows:

"Please advise if it is proper for the
items above listed and cxplained and other itens
of sinilar nature and use to be charged against
the Lighway Fund as a pert of the cost of con-
etruction end maintanance of highways rather than
against the appropriation made for the paymont of
materials and eupplies for the edministration of

the various budgeted divisions of the Highway De~-
partment ."

Your inquiry should be answered in the sffirmative.

in the appropriation for the Highway Department
there is an item of Maintenance and Miscellaneous as follows:

®1,. Stationary and Office Supplies, Print-
ing Forms, Rent on Tabulating Machines,
Postage, Tele and Telegraph,
Machine Supplies ami Repairs, Sap-
Plies for Janitors, Equipuent, Printed
Forns for County Tax Collectors, xr-
ytess ant Freight, and Contingent Sx-
POTBOS .ccocccvaccccssececwacenesseesf 92 .639 .006 §02 ,820 .00

2, Traveling ExponG0s.....sscoscscceceses 12,000.00 12,000.00"

This item follows the general a priation te the
Department for ite various divisions, and
tion to these divisions, it is properly referable to then;

that is te say, tiie apprepriation, aggregating $104,590.00
per year, covere the + therein included with respect te
3

receding budgeted divisions, and from that c ap
propriation youchors for such itema should be approved ani
paid.

in the rider subjoined to the appropriation for
the Highway Dapartment there is the following:

Pr  vipinaes further that all funds
or balances of fumis on hes Se bar 2, 1999,
and all funds coming into the te Highway Fund,
and derived from, registration feas or from other
sgources, after deducting the total of the specific
approjriation herein made, are hereby appropriated
to the State Highvay Department for the establich-
ment of a syatom of State Highways and the con-
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. fomerable Julian Lontgomery - Page ¢

struction and raintananee therecf as contemplated
and set forth in said Chapter 1, Title 116, and
Chapter 184, Ganeral Lave of the Regular Session
of tho Thirty-ninth Legislature, ani anoniments
thereto .*

. itens of axpense of the Class indicated by you
should bo paid from thie appropriation, for they undovbted-
ly should bo construed as contributing to the construction
and maintenance of a syatem of State highways, and not be-
ing payable cut of the items for caintonance ani miscel-
laneous, es previously explained, there is no other a
priation from which ench items could properly be paid.

Wo have Gxamined the file of youchers with
respect to the claims involved bore, ani from that examina-
tion we find the information accompanying them is not as
full and definite aa that given by you te us, ani ve are
thinking the sonfusion i ent therote most Likely would
have been avoided if mich definite and éstailed information
had accompanied the vouchers.

Vory truly yours

ATTORNEY GENERAL OF TSRAS
wy

oy ay, ffm
Ocie Speer
Assistant

ATICAREY GENERAL OF T=Xag

APPROVED

OPINION

hats ;
BY.

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