## THE AITORNEY GENERAL OF %-EXAS

Honorable Jerry Sadler Commissioner,General Land Office General Land Office Bldg. Austin, Texas 78701 OpinionNo. M-235
Re: Payment of expenses incurred in the delivery ofVeterans' Land Bonds to out-of-statebanks.
Dear Mr. Sadler2

Your request 'for an opinion reads as follows: "The constitutionalamendment approvedby the voters last November 11, 1967, authorized the extension of theVeterans' Land Programby permitting the sale of $200 million inVeterans' Land Bonds., The first $30 million ofVeterans' Land Bondswas sold the latter part of December, 1967,with deliverybeing made on January 25, 1968 in New York City.
"Ithas been necessary, and will be necessary, for representatives of the Comptroller, Attorney General and other State Departments to be present during the signing and physicaldelivery of the bonds in New York City. "During the first delivery ofbonds, the expenses paid out of theVeterans* Land Fund was based on the currentAppropriations Bill which authorized $17.00 per day, plus actual travel expenses to State employees other than State officials. The above restrictionhas caused several State employees personalmonetary loss. In view of the language in the recent constitutionwhich provides that all necessary

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expense in the sale and delivery ofbonds can be paid out of the proceeds from the sale ofbonds, we would appreciateyour office furnishingus with a formal opinion advising us whether under the above referred to constitutionalamendmentwe are permitted to pay actual expenses to all employees and officials of the State of Texas necessary in the delivery of bonds to out of State banks.
“We would also like to know ifwe would be permitted to pay all expenses, including cab fares, without the necessity of receiving receipts shouing the amount expendedby the employees and officials." Section 9(A) ofArticle 5421m,Vernon's Civil Statutes, provides in part:

*The Board is hereby authorized to use the moneys of theVeterans' Land Fund attributable to any bonds hereafter issued and sold for the purpose of paying legal fees and fees for financialadvice necessary in the opinion of the Board to the sale of bonds hereafter issued and sold; the expense of publishing notice of sale of any installment of such bonds; the expense of printing such bonds; and theBXpenses of deliverins such bonds. includinobut not limited to the costs df travel, lodsing.and meals of anv officers or emvlovees of the Board, 3 th Sta e Corn tr theAttornev General necessarv in the ovinion of the Board to effectuate deliverv of such bonds, and the cost of manuallv sicnins such bonds

. . . ." (Emphasisadded.) The appropriation to theVeterans' Land Board contained in Senate Bill 15, Acts of the 60th Legislature, Regular Session, (GeneralAppropriation Act) ,makes the following appropriation:

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"For other than administrativepurposes hereinabove appropriated, there is hereby appropriated to the General Land Office, includingVeterans' Land Board, from theVeterans' Land Fund as created by Article III, Section 49B of the Constitution, as amended, all amounts necessary to carry out the purposes of this Constitutionalprovision and LegislativeActs pursuant thereto."
In view of the foregoingappropriationand the language of the pre-existing law supporting such appropriation (Section 9(A) ofArticle 5421m. you are advised that theVeterans' Land Board, is authorized to pay actual expenses to any officer or employee of theVeterans' Land Board, State Comptroller, State Treasurer and theAttorney General necessary to effectuate delivery of such bonds to out-of-statebanks.

In answer to your second question, theVeterans' Land Board may require from the employee such information the Board deems appropriate to determinewhat constitutes the costs of travel, lodging and meals necessary to effectuate delivery of such bonds, and whether receipts for a particular expense should be required is left to the sound discretion of the Veterans& Land Board.
SUMMARY

Pursuant to the provisions of Section 9(A) ofArticle 5421m.Vernon's Civil Statutes, and the current General Appropriation to theVeterans' Land Board, the Board is authorized to pay the costs of travel, lodging and meals of any officer or employee of the Board, State Comptroller, State Treasurer and theAttorney General necessary in the opinion of the Board to effectuate delivery of bonds to out-of-statebanks.
V& trulyyours,

WFORU C. MARTIN General of Texas -1148-Hon. Jerry Sadler, page 4 W-235)

Preparedby John Reeves Assistant Attorney General
APPROVED: OPINION CCUMITTEl3 Hawthorne Phillips,Chairman Kerns Taylor, Co-Chairman Thomas Mack John Fainter Ben Harrison Sam Kelley
A. J. CARUBBI, JR. ExecutiveAssistant

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