._.%_.._ R-82

Feb. 26, 1947

Hon. L, A. Woods State Superintendent of Public Instruction Austin, Texas Opinion No. V-50 Re: Authority topay the travcling expenses ofDr. Archie Jones, aprofessor at the University of Texas, from the contingent expenses provided for the expense of the Texas School ofthe Air, for making recorded lessons to be used in the public schools.
Dear Sir:Your request for an opinion uponthe above titled subject is as follows:

“‘Item 40 of the appropriation bill ofthe State Department ofEducation for tie bi,ennium 1945-1947 pro**vides** for centingent expenses for ta+ Texas Scheol of the Air, recorded lessons, maintenance,. printing, and office expense in the amount **of** $12,500.00. **In** the preparation of the recorded lessens which are broadcast over the Texas School of theAir it is necessary for persons to travel to the places where these records are made. The cost 

### ofthis travel of persons participating in the creation ofthese records is considered part ofthe cost of making the records. The TeXas School of theAir is a cooperative responsibility ofthe Texas University, **A** &M. College, North Texas Stats Teachers College, andthe Texas State College for Women - each institution originating one or more ofthe series of programs which constitute the Texas School ofthe Air, whose direction vested in the State Department ofEducation. The University of Texas ori inates twoof these programs - one is MUSIC IS YO8RS. Inthe production ofthe latter series of radio broadcasts, Dr. Archie Jones, Professor ofMusic of the University of Texas, is master of ceremonies. The series at the present time is broadcasting musical efforts of a Capella choirs, orchestras, bands, etc. from the various public colleges andhigh schools of the State.Hon. L. A. Woods - Page 2 Opinion No. V-50

“It is necessary for Dr. Jones to travel to these institutions to participate andproduce records that are broadcast as a part of the Texas School of the Air that is directed into the classrooms ofthe Texas Public Schools. “The above explanation is given to showthat the travel expense ofDr. Archie Jones is a necessary cost inthe production of these musical radio programs. The Comptroller has so recoglniaed this as a legitimate cost until your Department ruled to the contrary in an opinion given to some other Department of Government withinthe State. “Question: Canthe traveling expenses ofDr. Archie Jones be paid frbm the contingent expenses provided for the expense ofthe Texas School ofthe Air for making recorded lessons, as it is necessary for him tobe present atthe time that the records are made 7”
Item 40 of the appropriation for the State Department of Education for the current biennium ie aa follows:

“Contingent expense fo,rthe Texas School of the Air, recorded lesrons, maintenance, prtiting, and office expense, $12,500.00.”
It is our opinion thrt this item constitutes a sufficient specific appropriation within the meanin ofthe Constitution, to authorize the travel expense of Dr. Archie Jones, under the facts stated by you. The express appropriation for *recorded lessons, maintenance for Texas School ofthe Air,” includes by necessary implication the further necessary expense of making such recorded lessons. It is afamiliar saying in the law thatwhat is necessarily implied in a writing is as much a part ofthe instrument as though it hadbeen literally expressed.

This case is easily distinguishable from our Opinion V-05, in respect to the sufficiency ofthe specific appropriation to authorize payment. SUMMARY

(1) The travel expenses ofone necesrarily required in makin records for the Texas School ofthe Air, may lawfully be paid from Item 40, ofthe current biennium appropriation, for the Department of Education.Hon. L. A. Woods - Page 3 Opinion No. V-50

(2) “Contingent expenre for the Texas School of theAir, recorded lersons, maintenance.......... $12,500.00,” is sufficient as a specific appropriation.

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OS:lcm:

al Yom-3 truly, ATTORNEYGENERALOFTEXAS 

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Ocie S eer Assistant

APPROVED FEB 25 1947

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