HonorableL. A. Wooda state ,sup3rlntendent of Publio In&,ruotlon Auetln,Texaa .
Dear Dr. Woode; opinion lie. o-7257
Re: Whether the pereouadeeigMt.ed by the State Departmentof'Edu- oaticm to help In the prom of develop* an elementary course of study may legally have their traveland malnt&n- awe expeimeapaid by theState.
This will 8olmOwlsdgereoeipt of your letterrequestingan opinionof this Department,frcm whioh we quote;
"The State Departmentof Educationltiundertak- ing a progran,Ofdevelopingan elementaryooume of et&y. Ye have invitedall the eohool teaoheraof the State to'partiolpate. .
*Thema%&albaa beengetheredhera in the State Superlntendent'e offloe~andhitPCKImust be campiled inbulletlnfozmforuee inthepubllo eohoole. Thme orfour outatmding~leaderainour- rloalmumaking in the a~lemmtaryfield have a~re'ed toaeeietua iuooordinstlngthl13materlalifwe oan~paythelr~.tra~ellng expewe to andfmt~Au,etin, andl&elr~alnt.enanoe whllshem. zheywouldbe requiredto etay here about three or four weeks.
'71ehave euifiolentfunde In our travelaooount to take oare of thie if it is your opinionthat this oanbedone. They will not be paid any salary,and we feelthat:we ehould pay their tra~eland maintan- enoe if we can legallydo 80.
Will you pleaee give UB your opinionon thla at your earliestoomenlenoe." HonorableL. A. Woods - page 2 (o-7257)
It is the opinionof this Dapartientthat the expenditures mentionedby you may not be pald by the State.
It is fundamentallaw, of oouree,that no moneys may be paid frcm the State Treasuryexceptupon a specificappropriation made by the Iegialature.
There ia in the approprlatlonfor the State Departmentof Educationfor the currentbienniumItem 26, Trmeling Expense - $10,750.00per mum. The purposefor which that Item of appropriation ia made ie, of oouree,to pay the travelingexpenseof employeesand representatives of the Department. This could not possiblybe construed to Includethe travel expensesof persona,howeverworthy and however helpful,who were not members or employeesof the Department.
This rulln~ is In line with the rulingmade by this Deparbnent In OpinionNo. 0~60.56, addressedto HonorableRoyal1 R. Watkins,President, State Board of Educationof Texas (copy of which we hand you herewith) whereinwe aaid:
'Within the scope of the foregoingstatutory proviaiona,it is obviousthat no authority,either expressor implied,exists for defrayingexpenses of such Specialor Standardization Committeereferred to in your ocmununloatlon.Neitherhave we discovered any other atatutewhich authorizessuch expenses. Tne functionsof such oaamnitteeare providedfor by eiist- lng law. Such funotionsare to be exercisedby the TextbookCcwilttee,createdby the State Board of Edu- cationas requiredby Art. 2675b-5(f),V.A.C.S.,the members of which shall receive the ccmpenaationas thereinprovided.
"Of oourae,It is permiaeiblefor the State Board of Educationto seek advice and counselfrom.~. other murces, awh ae teichere,eupervlsore,school admlniatrators,and the State Superintendentof Pub- 110 Instruction,who Is BX officioSecretaryof said Board. However, in the abeenceof statutoryauthority, such adviceand oounselmuet be furnished,if at all, without expenseto the State."
APPROVEDJw 10 1946 Very truly yours /e/ Ocle Speer Al%XU4EYGEXER&OFTEXAS ATTORNEYGENERALOF TEXAS APPROVED BY /k3/Ocle Speer OPINION Ocie Speer co- Assistant BY h/BwB Chal-