OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Honorable Geo. H. Sheppard Comptrollerof Publia Accounts Austin, yexas Dear Sir:
lnalude expen
attention to the following: The biennial approp InvestmentDivision of the Board of Zduoatfonby
vestment section $ 15,soQ.OO # l!5,300.00" In the exercise of hi8 veto power, the Governor drew lines through items Nos. 4 and 5 of such approp#ation. You request our Opinion as to whether the members of the,,F$6ard of Education till be eon. Gee. H. Sheppard,Page 2
authorized to charge their traveling expense accounts against the appropriationof u6,000.00mad+ for '*Board&embers-per diam." In the rider appended to the general appropriationbill, which Is senate Bill No. 427 by the 46th Legislature,we find the. rollowing: "~rurelingexpenaa&. (a) It Is provided that no expenditureshall be made for traveling expenses by any department of this State In excess of the amount of money Itemized hetieinf'orsaid purpose. This provision shall be applicablewhether the Itam Tor traveling expanses Is to be paid out of the 6pproprIatIonfrom the General Fund, from feea, receiptsY)rspecial funds collaatedby virtue of certain laws of thie %&a, or from other funds (exclusiveof sederal funds) available for we by a depart- mentln It Is well settled that when the oompeneatlonof an ottioer Is laft to conntructlonIt must be most rarorablyconstrued in favor of the government. Eastland County vs. EIazel,288 6. U. 5l.S;Burke va. Bezar County, 271 S. %. X52; lloLennanCounty v. Boggesa, 157 S. ih'. 346; 34 Tax. Jur. p. 508. As said by the Suprama Court of South Carolina In ScroggIe vs. Scarborough,160 8. E..696, "GeEarally the term *peF diem* as uaeU In connectionwith compensation,wages or ealary meens pay ror a day*8 servfces." We'quote rra Paey vi Nolan, 7 S. 'd;. (2d) 815, by the Supreme Court of'Tannaeeea: *The term 'per dIem*,aa used in Article 2, Seotlon 23, Is synonymouswith Wsalary.* The term *salary'Imports the Idee of coqansation ror personal service, and not the repayment of money expended In the discharge of the duties of the ofSloe. Throop, Public Officers, 441." %'ehave Inspectedthe aorrespondingappropriationmade to the board of Education In 1935 as shown at page 1097, Volume 2, Acts of the 44th Lagisleture. 4he "per diem end expenses, IncludIh8 survkys . . . &3,000.00n for eeah year of ~thebiennium. The appropriationmade by the 43th Laglslatura In 1937 as shown at page 1418, Genarel and Speaial Lawa, 48th Lag- Isleture,we8 *per diem and expanses . . .$S,OOO.OO*for each year. It has bean suggestedto us that In all probabilitythe word8 'and expenses"ware left out of the present appropriationby aecldant. vieare not at liberty to so aasuma but, on the contrary,must ascribe to the LegIaLRturesome purpose In leaving out such words. The fact fion.Gee. il.bheppard,Page 3
that hrtiole 2d75b-u) i;evIsedCivil itotutea, provides that the aeebcrfiof the Xate $8~~3 of :.ducatlon shell be paid t10.00 per day hhen in actual atttndnccenptinboard zcc~.t~~~s end shall be aTtItled to actuel trnvelin~and other neceesery es9enscs Incurred In the discharge or their dutlea doc;snot dispense with the neo- emSty or having~?!n appropriationbefore aithcr such co,TensetIon or e.xpensee