TEE ATTORNEY GENERAL 

OFTEXAS 

AWSTIN.TWAR 78711 

January 2, 1974 

The Honorable Clayton T. Garrison 

Executive Director 

Texas Parks & Wildlife Dept. 

John H. Reagan Building 

Austin, Texas 70701 

Opinion No. H- 193 

Re: Whether a member of 

the Parks & Wildlife 

Commission is entitled 

to reimbursement for 

expenses and payment 

of per diem when attending 

meetings which are not 

regularly scheduled. 

Dear Mr. Garrison: 

Your request for an opinion concerns whether the Comptroller is 

authorized to approve a request by a member of the Parks and Wildlife 

Commission for reimbursement of expenses and payment of a per diem 

incurred while attending meetings on behalf of the Department. 

We are advised by you that it is frequently necessary and desirable 

for members of the Commission to attend meetings, which are not regvlarly 

scheduled Commission meetings, throughout the State in furtherance of 

Departmental business. 

Article 97gf-3a, $ 1, Vernon’s Texas Penal Code, states, in part: 

“(e) The Commission shall meet as often as it deems 

necessary, but shall meet at least once every 

quarter of the year . . . . ‘I 

“(f) Members of the Commission shall be reimbursed 

for their actual expenses incurred in attending 

meetings and shall be paid a per diem as set in 

the General Appropriations Act. ” 

p. 906 
The Honorable Clayton T. Garrison, page 2 (H-193) 

The General Appropriations Act for fiscal 1974 and 1975, H. B. 139, 

63rd Leg., 1973, at page 111-111, Item 1 provides: 

“For the Years Ending 

August 31, August 31, 

1974 1975 

“Personal Services - - 

“Per Diem of Commissioners 

(at $100 per day NTE $5,000 

per member) 

$30,000 $30, 000” 

In accordance with the General Appropriations Act, the Commissioners are 

allowed aperdiem of $100 per day not to exceed $5,000 per member or a total 

appropriation of $30, 000 for the fiscal year. Art. 978f-3a, § l(f) states that 

“the Commission shall be reimbursed for their actual expenses incurred in 

attending meetings and shall be paid a per diem as set -in the General 

Appropriations Act. ” The issue is whether the per diem is intended as 

compensation for days in attendance at all meetings or just Commission 

meetings. 

Statutory words are to be interpreted according to the sense in which 

they were evidently used by the Legislature. Since the legislative intention 

is primarily found in the language of the statute, the words employed are 

ordinarily given their plain meaning. Article 10, V. T. C. S., 53 Tex. Jur. 

-- 

2d Statutes, $ 146. A statute that is plain and unambiguous will usually 

G interpreted literally. Exceptions may not ordinarily be read into a 

statute. 53 Tex. Jur. 2.d Statutes, 5 5 135, 144. It is therefore our opinion 

-- 

that member=f the Commission may be paid a per diem as set in the 

General Appropriations Act for attending meetings even though they are not 

regularly scheduled commission meetings. See Attorney General Opinion 

H-58 (1973). 

p. 907 
The Honorable Clayton T. Garrison, page 3 (H-193) 

SUMMARY 

A member of the Parks and Wildlife Commission 

may be entitled to receive reimbursement of expenses 

and per diem for meetings on behalf of the Department 

even though such meetings are not regularly scheduled 

Commission meetings. 

Very truly yours, 

General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 908