NO. 3089 

Dnder.Senate Bill 427, 46th Legislature, where 

a department or division of a denartment is 

provided with a specific item ‘of appropriation 

for *traveling expenses,* the amount thus provided represents the maxinun which may be spent 

for that purpose by the departnent or division 

of departnent. 

Where a department or division of a.department 

is not provided speoifically with an itm!! for 

‘*traveling expenses.v but such department or 

division of a department Is provided with an 

item of appropriation for “contingent expenses,” 

the item for “contingent expenses” may be used 

to defray the traveling expenses of the department or division of a department; but in such 

event, the. sum -provided for “contingent expenserepresents the maxinum amount available for 

traveling expenses of the de~rtnent or division 

of the department, and when such amount has been 

expended, whether ror traveling expenses or 

for other expenses properly payable out of such 

item, no other fund.6 from any source may be 

spent by the department or division of the department for traveling expenser. 

Conclusions 1 and 2 do not apply to the “field 

travel expense of’ the State Highway Department” 

because the travel ex ens8 

especially excepts f: 

rider above quoted 

th s item from its operation. 

Nor do they apply to anpropriations of the type 

of the Game, Fish and Oyster CoTmission, where 

the special riders appended to these a?propriations, which control the general insofar as 

they conflict, permit the use of the appropriated surplus and excesses in particular items 

“to supplement the ?erformanoe of any purpose 

for which money is herein appropriated? except 

salaries. 

1. 

2. 

O+FICR.- OF TIE ATTOR?.CY C?YERAL 

Hon. George 3. Sheppard 

Comptroller of Public Accounts 

Austin, Texas 

Dea,r Sir: 

Opinion No. O-1294 

Re: Limitation on the use of funds appropriated to a department for 

ltraveling expenses,” under the terms 

of’the rider appended to C. B. 427, 

Acts 46th Legislature, Regular Session. 

Since releasing Conference Opinion No. 3082, this 

Department, upon its ‘own motion, has .subjected the provisions 

of the Departmental Appropriation Bill passed by the 46th 

Legislature, mrticularly relating to expenditures for travelingexpenses,.to an intensive study and i-e-examination. 

The general. rider apTended to Senate Bill 427, Acts 

of .the 46th Legislature, Regular Session,. provides in nartas 

fol I~OWS : 
Eon. George E. Sheopard, Fcge 2. 

vSxcept as to field travel expense of the Eighway Department, it is provided that no expenditure 

shall be made for traveling expenses by eny department of this State in excess of the amount of money 

itemized herein for said purpo?e. This provision 

shall be applicable whether the item for traveling 

expenses is to be paid out of the appropriation from 

the General Fund, from fees, receipts or special 

funds collected by virtue of certain laws of this 

state, or from any other funds (exclusive of Federal 

funds) available for use by a department.” 

It is. clear from the .cbove: provision of coursa. that 

whelt: specific provision is made for the treveiing expenses of 

.a department or division of a department, as *Traveling expenses 

. . . . . r#,OOO.OO.~ such amount of money is all that may be expended for such purpose by such department or division of a 

department, and the amount thus provided may not be supplemented frcm any source, save, of course, from Federal funds authorized by the Federal Government to be devoted to such purpose. 

Does this provision, however, reflect the legislative 

intent that, in the absence of such a specific item of appropriation for “traveling expenses,” no cxgenditure shall be made 

for that purpose’out of funds provided for the various expenditures of a department or division of a deoartment for which 

specific provision by itemization has not been made7 

In’several instances in the departmental aopropriation bill we find that the Legislature has not provided expressly and separately for “traveling expenses’: of a department or 

division of a department, but has, under the,heading “raintenante and l:iscellaneous,*~ 

Expenses. :I 

provided a lump sum,for 'VXmtin@nt 

This department has heretofore held that the anpropriations for “Contingent Expenses v appearing throughout Senate 

Bill 427 were intended by the Lcgislaturc to provide lump sum 

appropriations for those expenditurco of a department or divisioqof a department for which the Legislature did not deem it 

necessary or expedient to make specific and separate itemized 

aporopristlons. It follows, theroforo, that the *8contingent 

expense” itemof epproprietion includes a provision for traveling expenses in those instances where a specific iten of aopropriation is not provided for that purpose, unless the provision 

above quoted denies the authority.to Use any .funds for “trsvoling expenses- exoept those specifically provided for that purpose. 

The prohibition, it will be noted, extends to the 

expcndituro of nonays “in excess of the amount itcmizod hcrein” for traveling expenses. An itom of ap7ropriation to pay 

those expcnsos of 9 departnont or division of a department 

for which specifi, provision has not otherwise boon made, is, 

of necessity, in those instances whore traveling exponsos are 

not specifically providod, an ittiization of money for traveling cxpensos. The fact that the portion of suoh sum to be usod 

for %ravaling oxpcns-cs” is not idontifiod and segrogatcd from 

tho lump sum does not deprive the appropriation of tha character 

of an itcm of appropriation for the purpose, among others, of 

defraying trayoling oxponsos. That this is true is madc apparont when WC obszrvc that in many inotanoos tho Logislaturc has 

expressly grouped ‘*traveling cxpcnsos’ with Such purposes as 

‘lGancral maintenance. traveling cxponscs, bond premiums, extra 

help and other noccssary oxponsos;: (Adjutant Gonural’s appropriation), *Law Qforcemont, Traveling and other oxpcns.~ . ..-( 
Hon. Gcorgc H. Sheppard, i+!ge 3. 

(AttoAaay G2ncral’s appropriation),.WT~evel cxpenso and all 

other contingent :xponso” (Appropriation for Building and Loan 

Divisi.on, Banking Dapartmont), appropriating only a lump sum 

for all such oxponditurcs, so that tho portion thzroof to be 

used for “traveling cxponsos?’ is not idcntificd and scgrcgatod 

from the total sun provided. In such instances it is clear 

that oxpcnditurus for “traveling orpcnscs” may not oxcoed tho 

lum? sum itamizod for all the grouped purposes; .but it is 

impoasiblc to allocate a dcfinits sun out of the aggregttc 

amount to th.: purpose of dofraying “traveling expensas.” 

It will also be obszrvcd that the LsCislaturo, in the 

ridor to 8liate Bill 427, has nado a distinction batwcan spccific itcns of appropriation and general items. This distinction appears in the clauss.styled “Additional ?&ployeJs’ 

Compensation,” which rzads in part es follows: 

.?Vhon any additional employcos, other than those 

for which s~cific salary appropriations have hcrcin 

b&n made, ara enploycd and are to bo paid out of 

~contingent appropriations, ...n 

In construing the provision abovo quoted relating to 

tzavcling oxponses, it is significant, thtircforo, that the 

provision does not rafcr to tho “amount of money specifically 

itanizitd hor~in” for traveling crpensos. 

The lollowi~ roproscnt our conclusions upon tho 

reasoning exprasssd abovo: 

i.qVlharo a-dcpartncnt or division of a dzpartmcnt 

is provided with e spzoific iton of a?oroprlation for “travcling cxpens3s;’ the amount thus provid,bd rapresents the maximum 

which may bo spent for that purpoe., by tho department or 

division of a dopartncnt, and srich amount may not be supplcrn-ntod froffi any source, save end oxoopt from Fedora1 funds 

authorized by tha Fadcral Govcrnmcnt to be used for such pur-~ 

poso . 

3 2 Whcro a dopartnont or division of a dcpartmont 

is not provided specifically with an item for %ravoling cxpan%” but such dcpartmont or division of a dopartmcnt is 

provided with an it<:n of appropriation .for ‘zcontingant cXpcnSoS” 

or for traveling cxpansas grouped with other items of expcnsc, 

the 1t.m for ?contingent oxpcnse” or tho item for traveling 

expense groupdd tith other itoms of cxponsa may bz urod to dafray tho ~travcling oxponscs of the dspartmcrlt or .division of a 

departmont. In such ovcnt, tho sum provided in thz item for 

“contingent cxpcnsc” or for traveling cxponsc grouped with 

othor itas of oxponso~reprzsonts thd maximum a!nount available 

to the dopartnent or division of a dzpartm.>nt for traveling 

exponsds, (except as to Pcdoral funds authorized by-tho Fcdsral 

Govornmcnt to bo spent for such purpose) end when such amount 

has been cxpondod, whsther for traveling cxpsnscs or for other 

exponscs properly payabl; out of such item of s?propriation, 

no other funds from any source (sav.2 Fodcral funds spticifically authorized by tho Fadaral Govarnmcnt to bo used for such 

purposs) nay bc sponti by th3 dcpartncnt or division of a dcpartn;nt for traveling Lxpsns<:s& 

3. ‘Conclusions 1 and 2 do not aoply to tha ‘field 

travol oxponso of tho Stato nighway Dopartnont” bocaus;: tho 

travol oxpanso rider above quotod cspocially oxccpts this 

itcm from its opzatiop. Wor do thoy apply to appropriations 

.6f tho typo of tha Game, Fish and Oyster Commission, where 
Ron. Goorgo 9. Sheppard, ,%&a 4. 

the spticial riders appmd:d to thcsc appropriations, which 

control the gzn;ral insofar 8s thoy conflict, permit thz usa 

of the spproprictod surplus and oxcessos in particular itms 

“to suDplomont the Dcrformanc e of ‘any purposr! for aloh noniy 

is heroin approoriatdd*’ oxcapt salarias. 

Confcrtinco Opinion No. 3OS2 is ::xpressly modified’, 

insofar as It nay.bo susceptible of thti construction that “cootingcnt uxpcnsc’ itom of appropriation cmy not bc used to 

defray traveling cxpmsds of a dcpartmnt or division of. a 

dapartmmt in thos:: instances whsro no sp.?ci.fic itm has 

been provided tho d;;partmcnt or division of .th;t dcpartmont 

for traveling .>xpc;nsJs. 

Insofar as prior opinions of this Dcpartmmt, notably 

0-113~~ O-1220, and O-1301. axprcss the conclusion or are 

oapable of bein& construed as holding that item appropriated 

for “contingent cxpcnso” ma y not bz usad to d&ray traveling 

expenses in those instances where a spooific itom is not 

provided for trav:ling jxpcnsc.6, they are expressly overruled. 

Yours vory truly 

ATTOIWTY G=NRRL OF TEXAS 

R. W. Fairchild 

Assistant 

RKF :pb p 

This opinion has bicn 

approved, and ordcr.Jd rocordod. 

considcrad in confcrsncc,