i

Honorable David Wade, M.D.

Commissioner Opinion No. M-1083
Texas Department of Mental Re: Expenditure ofmoney apHealth and Mental Retardation propriated in Item 8of Box 12668, Capitol Station Austin, Texas the current General Appro78711 priations Act to the Commission onAlcoholism. Dear Dr.Wade:

Your request for an opinion asks the following question: "Maymoney appropriated in item 8of the current appropriations to the Commission on Alcoholism be expended topay travel expense of Texas Department ofMental Health andMental Retardation employees engaged in the training and coordination of personnel and activities funded by the said item 8."
Item 8of the appropriation to the Commission onAlcoholism for the fiscal year ending August 31, 1972, reads as follows:
"For the Year Ending August 31, 1972
"8
. For the Department of Mental Health andMental Retardation, to supplement the rehabilitation of alcoholics in the State hospitals, tobe expended with the advice of the Texas Commission onAlcoholism for the following: Supervising Counselor (14-4744) twoAlcoholism Counselor II's (14,4742), sixteen Alcoholism Counselor I's (13-4741),one Administrative Secretary (g-0138), travel and all other necessary expenses $200,702" -5297-Dr. David Wade, page 2 (M-1083)

It isnoted that while the above quoted item of appropriation ismade to the Commission onAlcoholism, it is for the benefit of the Department ofMental Health andMental Retardation and is tobe expended for thepurpose of carrying out the Department's alcoholism programs with the advice of the Texas Commission onAlcoholism.

You state inyour request: "ASyou will note, this appropriation item provides fordesignated positions. The individuals filling these positions work in this Department's State hospitals and are involved with the rehabilitation of alcoholics. This Department employs additional personnel whose salary ispaid from other appropriations andwhose duty is to train and coordinate the activities of the individuals employed pursuant to the above cited appropriation item. These additional personnel incur travel expense in carrying out this training and coordination effort in the State hospital alcoholism programs. . . .II Inview of the fact that Item 8 specifically provides that themoney appropriated may be expended for "travel and all other necessary expenses", it isour opinion that such phrase refers to travel and necessary expenses in carrying out the alcoholism programs referred to in Item 8. You are accordingly advised thatmoneys appropriated in Item 8of the current appropriation to the Commission onAlcoholism may be expended topay travel expenses of employees of the Texas Department ofMental Health andMental Retardation engaged in carrying out the alcoholism programs of the Texas Department of Mental Health and Mental Retardation to rehabilitate alcoholics in the State hospitals referred to in said Item 8. SUMMARY Item 8of the appropriation to the Commission onAlcoholism contained in the current General Appropriations Act may be expended for thepurpose ofpaying travel expenses of employees of the Texas Department ofMental Health andMental Retardation incurred in carrying out the alcoholism programs of the Department of Mental Health andMental Retardation to rehabilitate alcoholics in the State hospitals.

-5298-Dr. David Wade, page 3

Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman William Craig Gordon Cass Jerry Roberts James Hackney SAMUEL D.MCDANIEL Staff Legal Assistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant (M-1083)



# J? ey truly,yours,

General of Texas

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