### 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 maxinunwhich maybe spent for that purpose by the departnent or division of departnent.
Wherea 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” maybe 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 maxinumamountavailable 

### for traveling expenses of the de~rtnent or division of the department, andwhensuch amount has been expended, whether ror traveling expenses or 

### forother expenses properly payable out of such item, no other fund.6from any source maybe 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 HighwayDepartment” 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 moneyis herein appropriated? except salaries. 1.

2.

O+FICR.- OF

### TIEATTOR?.CY

C?YERAL

Hon. George 3. Sheppard Comptroller of Public Accounts Austin, Texas Dea,rSir: 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 ‘ownmotion, 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 folI~OWS

:Eon. George E. Sheopard, Fcge 2.

vSxcept as to field travel expense of the EighwayDepartment, it is provided that no expenditure shall be madefor 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 adepartment.”
It is. clear from the .cbove: provision of coursa. that whelt: specific provision is madefor the treveiing expenses of .a department or division of a department, as *Traveling expenses

..... r#,OOO.OO.~ such amount of moneyis all that maybe expended for such purpose by such department or division of a department, andthe amount thus provided maynot 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 wefind 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 andl:iscellaneous,*~ Expenses. :I provided a lump sum,for 'VXmtin@nt

This department has heretofore held that the anpropriations for “Contingent Expensesvappearing throughout Senate Bill 427were intended by the Lcgislaturc to provide lumpsum appropriations for those expenditurco of a department or divisioqof a department for which the Legislature did not deemit necessary or expedient to makespecific 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. Anitom 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 moneyfor traveling cxpensos. The fact that the portion of suoh sumto be usod for %ravaling oxpcns-cs” is not idontifiod and segrogatcd from tho lumpsumdoes not deprive the appropriation of tha character of an itcm of appropriation for the purpose, amongothers, of defraying trayoling oxponsos. That this is true is madcapparont whenWCobszrvc that in manyinotanoos 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), *LawQforcemont, 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 andLoan Divisi.on, Banking Dapartmont), appropriating only a lumpsum 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” maynot oxcoed tho lum? sumitamizod 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:

.?Vhonany 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.

Thelollowi~ 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 maybo spent for that purpoe., by tho department or division of a dopartncnt, and srich amountmaynot 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 Whcroa 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 maybz urod to dafray tho~travcling oxponscs of the dspartmcrlt or.division of a departmont. In such ovcnt, tho sumprovided in thz item for

“contingent cxpcnsc” or for traveling cxponsc grouped with othor itas of oxponso~reprzsonts thd maximuma!nountavailable 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 spontiby 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. Wordothoy apply to appropriations .6f tho typo of tha Game, Fish and Oyster Commission, whereRon. Goorgo 9. Sheppard, ,%&a4.

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 Dcrformance of ‘any purposr! for aloh noniy is heroin approoriatdd*’ oxcapt salarias.

Confcrtinco Opinion No. 3OS2is ::xpressly modified’
, insofar as It nay.bo susceptible of thti construction that “cootingcnt uxpcnsc’ itom of appropriation cmynot 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=NRRLOFTEXAS

R. W. Fairchild Assistant RKF :pbp

This opinion has bicn approved, and ordcr.Jd rocordod. considcrad in confcrsncc,