OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

513 

Iion. P. A* Kcrby 

Business Officer 

8trrte Board of Eealth 

Austia, icxcre 

Rear ur. Kerby: 

Prom your letter appears that in 

the allotment of ard of Health by’ 

the Federal gor is designated by 

the F&oral age for the State 

Kealth OPficer . orrzed, are dopos1tw.l in the nt s izade therefron 

on warrants iss . Pou request the 

opwi.on of this he folloxing questiona 

, D. C., at the request 

nit& States, where the 

e from such Federal funds, 

iuitti to $4.00 a day for 

s allocated anil granted by the 

tate of Texas bocono Stata monntrol of the Legislature of Tcras 

at legislative regulation of their exPcniUturc dots not violate the term and conditions of 

the ptieral grnnt . See our Opinions Nos. O-200 ati O-330. 

The DePartnental Appropriation Bill for t.be currcat biennium (6. B. 423, Acts 47th Legislature, neg.* Sass, 

Proriilcs, u&m the he&ng “General Provisions*, SCC. 2, 

subsection 10~ 
I ..52.4 

Honr P. A9 Kerby - page 2 

*(IO) United States Funds and Aid. The 

propor officer or officers of any State Dopartments, bureaus, or divisions of State 

agencies are her&g authorizocl to uake application for and accept any gifte, grants, or 

allotncnts or funds from the United states 

Goverxmcnt to be used on State cooperative 

aucl other sederal projects and programs in 

Texas, including construction of public 

buildings, repairs, and inprovonents . Any 

of such Fedora1 funds as nay be deposited in 

the State Treasury are hereby appropriated to 

the spooific purpose authorized by the Fcderal Government, and subject to the lindtation -- 

placa on w &&,# (Kuphasls ours) - 

One of the linitatione imposed by the Act on tho 

ovpenlliture of uonice appropriated thereby is found in See. 

2, Subs. (12)g1 

*All c~ployeos traveling at the expense 

of the State are hereby limited to the amount 

off Four ($4 .oo) Dollars per day expenses for 

neals and lodging; , , , s 

The 0~3.Q e.xceptiorsmacle to t&is rule aro found in 

sec. 2, subs. (13)fl 

sit is expressly provided that the provisions of Subsectiou 126 of this Act with reference to limitation of amount of traveling qpense shall not apply to the Governor, the Iileuteuaut-Governor, and the n?embers of coxdssions 

vho .reoeive no salary or peti diem, when traveling in or out of the State. Hor shall said provision apply to the drijutant General and his 

representatives vhen appearing in Washington, 

D. 0. before the Tiar Departncnt, the Attoruey 

General anil his assistants vhen appearing before the Supreme Court of the United States 

and Fcdcral agencies in Washington, D . C., nor 

the nielrrbers of the Railroad COoci~SiOn vben oppcaring before the Interstate Comerce Comdesion or other A+‘eclcral Comisaions in iiashingtcn, 

D. c,m 
515 

aon. P. AI Xcrby - Pago 3 

The exenptfons do not apply to the State Ucalth 

Officer. Since Sec. 10 expressly appropriates Fcdcral 

funds received by tho State a gcncics ml deposit& in the 

State Treasury subject to the limitations is~posed by the 

Act on the cxpendlturo of rconics opprcpriatcd therein, the 

$4;J4te; day limitation on expenses for meals and lodging 

. Opinion No, O-1502. In this connection, it nay 

bo observed that an employee isstravcling at the espcnse 

of the State. though the State rcay pay such expense from 

funds donated to it; but, in any went, if this be not 

correct, the b@ ,00 a day limitation applies because tho 

Legislature has directed that the lititations on the expenditurc of funds ap?ropriatcd by the Act shall apply to 

funcls rcoeived fron: the Federal Sovornmutr 

Very truly yours 

R. X. l%irchild 

Assistaut 

ATTOFNB GmERAL OF ‘l!?ZXAS