# 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 ofper 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 amember ofthe Parks and Wildlife Commission for reimbursement of expenses and payment of aper diem incurred while attending meetings onbehalf ofthe Department. We are advised by you that it is frequently necessary and desirable for members ofthe Commission to attend meetings, which are not regvlarly scheduled Commission meetings, throughout the State infurtherance 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 ofthe year . . . . ‘I

“(f) Members ofthe Commission shall be reimbursed for their actual expenses incurred inattending meetings and shall be paid a per diem as set in the General Appropriations Act. ”

p. 906The 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 1provides: “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” Inaccordance with the General Appropriations Act, the Commissioners are allowed aperdiem of $100 per day not to exceed $5,000 per member or atotal 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 aper diem as set -inthe General Appropriations Act. ” The issue is whether the per diem is intended as compensation for days inattendance at all meetings orjust Commission meetings. Statutory words are tobe interpreted according to thesense inwhich they were evidently used by the Legislature. Since the legislative intention is primarily found inthe language ofthe statute, the words employed are ordinarily given their plain meaning. Article 10, V. T. C.S., 53Tex. 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.dStatutes, 55 135, 144. Itis therefore our opinion -- that member=f the Commission may be paid aper diem as set inthe General Appropriations Act for attending meetings even though they are not regularly scheduled commission meetings. See Attorney General Opinion H-58 (1973).

p. 907The Honorable Clayton T. Garrison, page 3 (H-193)
SUMMARY A member ofthe Parks and Wildlife Commission may be entitled to receive reimbursement of expenses and per diem for meetings onbehalf ofthe Department even though such meetings are not regularly scheduled Commission meetings. Very truly yours,

General ofTexas

DAVID M. KENDALL, Chairman Opinion Committee

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