General K. L. Berry
The Adjutant General of Texas
AUStlnj Texas
Opinion No. NW-394
Re: Under specified con-
ditions, can the
Adjutant General's
Department of Texas be
reimbursed for travel
funds 'expended from Its
appropriation by the
Texa.sNational Guard
Armory Board for the ',
servlc,esrendered by
employees of the Adju-
tant General's Depart-
ment in performing in-
ventories in completing
required reports on the
facility at Eagle Moun-
tain Lake, Texas, con-
veyed to the State of
Texas by Public Law 85-
258, Eighty-fifth Con-
gress, and related ques-
Dear General Berry: tions.
In your letter of,February 27, 1958, you request our
opinion on three questions, substantially as follows:
(1) Under the conditions asoutlined in this
letten,Lban.tbeiAdjutant~~,Gelieralrsj;Depart-
ment of Texas be reimbursed for travel
funds expended from Its appropriation by
the Texas National Guard Armory Board for
the services rendered by employees of the
Adjutant General's Department in perform-
ing inventories and completing required
reports on the facility at Eagle Mountain
Lake, Texas, conveyed to the State of
Texas by Public Law 85-258, Eighty-fifth'
General K. L. Berry, Page 2 (WW-394)
Congress?
(2) If your opinion to the question (1) above
is in the affirmative, can the relmburse-
ment be made from National Guard Armory
Board local funds?
(3) Can any future travel expense incurred by
employee% of this department for,the specific
services rendered in oonnectlon with comple-
tion of inventories and condition report
required by the Navy prior to the execution
of the quit-claim deed covering the former
United States Marine Corps Air Station at
Eagle Mountain Lake to the State of Texas
be paid by the Comptroller on travel vouchers
processed and approved by the Texas National
Guard Armory Board?
you state that prior to executing the quit-claim
deed to the State of Texas, the Secretary of the Navy has
stipulated oertain report% and surveys of the premise% be
made in conformance with certain lnstruotions and on certain
form% specified by the Navy Department. However, you state
the Armory Board does not have In its employ qualified inven-
tory personnel to send to Eagle Mountain Lake for the purpose::,
of conducting the joint survey and completing the report
required by the Navy before the quit-claim deed is executed.
You further state the Adjutant General's Department does have
such qualified personnel who have already perfomed certain
of these services referred to above, and it is anticipated
that such personnel will complete the requirements in the
future, but you state the Adjutant General's Department does
not have sufficient appropriated funds to cover the travel
expense of the employees necessary to complete such work and
also perform other necessary departmental travel for the re-
mainder of this fiscal year. Beca,useyou have made no mention
of any existing O&zer,+agencycontractbetwee,nthe agencies
effected for furnishing such services, we assume there Is no
such contract.
Within the general provisions of the appropriation
bill (Rouse Bill 133, Acts 55th Legislature, Regular Session)
an agency may expend appropriated funds for travel expenses
of its own employaes inourred in the conduct of its authorized
State business. However, before one agency may pay expenses
&another agency, there must be specific authorization there-
. When such authorization exists, the availability of the
receiving agency's appropriation'+ defray such expense is
determined by ascertainlng,that the expense is incurred by
permission of the receiving agency's department head for ex-
penses Incurred in performing suoh~agency's duties--not by
General K. L. Berry, Page~3 (WW-394)
the departmental connection'dfi:the,personwho incurs the ex-
pense in rendering the services. (Attorney General's Opinion
NO. o-2258, 1940). But we are unable to find authorization
in the current appropriation bill for the specific payment%
herein questioned.
Section 5, Article VI, General Provisions, page 226,
of the Supplement to House Journal, 55th Legislature, Regular
Session, which Is the text of House Bill 113, 1% not authority
for reimbursement payments to be made.between State agencies,
but concern% how such payments shall be made, and appropriat-
ing to the receiving agency suoh reimbursement payments in
order to authorize such receiving agency to expend such funds.
Therefore, we conclude there is no authorization for
the Texas National Guard Armory Board to reimburse the Adjutant
General's Department for travel expenses inourred by employees
of such Department in accompl,ishingauthorized State business,
even though beneficial to such Board, absent speciflo authoriza-
tion provided by law. Yourthree inquiries are answered in the
negative.
SUMMARY
There Is no authority in the current
appropriation bill for the Texas Natlonal
Guard Armory Board to reimburse the
Adjutant Qeneral's Department for ex-
penses lnourred by suoh Department's
employees in inventory and surveying
facilities at Eagle Mountain Lake,
Texas, under the faots presented,
absent a valid inter-agency contract
for such services.
Yours very truly,
WILL WILSON
Attorney General of Texas
Bycl/LA %$A$
Tom I, McFarling
Assistant
TIM:wam
General K. L. Berry, Page 4 (WW-394)
APPPROVEDr
OPINION COMMITTEE
Qeo. P. Blackburn, Chairman
Marietta Payne
B. Ii.Timmlns, Jr.
Fred Werkenthin
L. P. Lollar
REVIEWED FOR THE ATTORNEY GENERAL
BY: W. V. Geppert