August 18, 1950
Mrs. Herbert Gambrel1 Chairman
Texas Library and HlsCorlcal commission
Fair Park
Dallas 1, Texas
opinion NO. V-1088.
Be: Availability of Item 16 of the
appropriationsfor the current
.bienniumto the Texas Library
and Historical Commission for
the payment of travel expense.
Acts gst Leg.,R.S. 1949, ch.
615, p. 1208, b.
Dear Mrs. Gambrell:
We quote from your request for an opinion as
follows:
"The Texas Library and Historical Com-
mission would appreciate a ruling regarding
the chargeabilityof travel expense of mem-
bers of the Commission to specific appro-
priation items made to the Commission by the
Legislature. . .
"The Commlssionlsneed for a current
ruling grows out of these circumstances: the
last regular session of the Legislaturemade
an approprlatlomof $75,000 to the Texas Ll-
brary and Historical Commissionfor 'Renova-
tion and Reorganization'of the Texas State
Library. (item 16). Ordinary travel ex-
pense of Commissionersand staff are normally
charged to item 17 which specificallymentions
'travel,'along wi{h a number of other types
of operating expense.
"Since item 17 Is the main operating ac-
count of the Library, covering all ordinary
office maintenance expenditure (such as tele-
phone, stationery,supplies, etc.) funds In It
Mrs. Herbert Gambrel1 - Page 2 (V-1088)
are stringentlylimited by the practical
necessities of ordinary operation. In other
vords, there would be some handicap to the
Library in allocating to the ordinary travel
account of item 17, travel expense of Commls-
sioners transacting elements of the unusual
and complex business arising in connection
with the renovationand reorganizationpro-
gram. It would appear that such necessary
travel by a member or members of the govern-
ing body of the institutionis a contingency
properly covered by the word fcontingencies'
in the appropriationmade for Renovation and
Reorganization,item 16.
"I have recently asked two members of
the Commissionto handle some essential du-
ties in connectionwith the renovationand
reorganizationprogram. These members are
Mr. John Gould of Wichita Falls Vice Chair-
man of the Commission and Mr. 2. W. Kemp of
Houston, whose knowledge of and interest in
the Texas State Archives, which are particu-
larly affected by the renovationand reorgan-
ization program, makes his service very val-
uable to us.
"Mr. Kemp and Mr. Gould have agreed to
render the Commission their service and I want
to be familiar with the legal status of their
reimbursementfor travel, so that proper pro-
cedure may be followed, especially in the
charging of their travel expenses to specific
items of our approprfation.
"It would be much appreciatedIf we might
have your ruling on these questions:
"1. May a Commissioner'sexpense for
travel undertaken specificallyto transact
business of the renovationand reorganization
program be charged to item 16, Renovation and
Reorganization,without regard to the residual
balance in item 17 the general operatingac-
count which specificallymentions travel?
"2. If not, then if the residual balance
in item 17 be insufficientfor reimbursementof
Ml-S. Herbert Gambrel1 - Page 3 (V-1088)
such travel expense may such expense then
be charged to Item 16 Renovation and Reor-
ganlxatlon,or any other item of the appro-
priation made to the Commission?”
The appropriationsfor the support and mainten-
ance of the respective departmentsand agencies of the
State for the current biennium beginning September 1, 1949,
and ending August 31, 1951, are contained in the Depart-
mental AppropriationBill of 1949 (H.B. 322, Acts 5lst Leg.,
R.S. 1949, ch. 615, p. 1208). Section 1 of this Act con-
tains specific appropriationsto each of these departments
and agencies including the Texas Library and Historical
commission, hor each year of the k&rent biennium. These
specific appropriationsare followed by “GeneralProvisions,n
includingSections 2 through 38, which contain many restric-
tive provisionslimiting and controllingthe expenditureof
the appropriationscontained In Section 1 to the respective
departmentsand agencies. Therefore, it becomes necessary
in answering your questions to not only look to the specific
items of appropriationswith which we are here concerned,
but to any general provisionwhich may restrict or limit the
expenditurethereof.
The appropriationsto the Commission for the Wain
Library@ are found on page 1281 of the Act. Under the sub-
head “Maintenanceand Mlscellaneousnappear Items 16 and 17
to .khlchyou have directed our attention. These Items read
respectivelyas foll0ws:
“For the Years Ending
August 31, August 319
1950 19%
16. Renovation and reorgani-
zation, including paint-
ing, repairing, floor cov-
erings, lightlng equipment,
purchase or rentals of of-
fice machines, exhibit
care and repair of
g%ngs and statuary, ex-
tra help necessary to pro-
J-t, continaancies $50,000.00 $25,000~.00
Mrs. Herbert Gambrel1 - Page 4 (V-1088)
For the Years Ending
August 31, August 31,
1950 195l
17. Stationery, supplies,
printing, postage, ex-
press,,freight, tele-'
phone, telegraph, furn-
iture and equipment,
purchase or rental of
office machines, bond
premiums,*a el m
m, automoZive -
equipmentand malnten-
ante, contingencies #10,000.00 $10,000.00"
(Emphasisadded)
The provisions of paragraph (b), Section 15 which
especially apply to the appropriationscontained in IJems 16
and 17, are:
"The appropriationsherein provided are to
be construedas the maximum sums to be appropri-
ated to and for the several purposes named here-
in, and the amounts are intended to cover and
shall cover the entire cost of the respec4.ive
items and the same shall not be supplementedfrom
any other sources. . . and except as otherwise
provided, no other expendi&res shall be made,
nor shall any other obligationsbe incurred by
any department of this State; provided, however
that nothing herein shall prevent any departmen4
head from paying less than the maximum amount set
forth herein for any salaried posltions.n
The above quoted restrictivelanguage has been in-
cluded In the res ective DepartmentalAppropriationBills
for many years. $his office has heretofore answered questions
calling for constructionand application of this identical lan-
gua e to specific appropriations. A.G. Opinions Numbers O-
12&, O-1321, O-1332, G-5899, V-1015.
The holdings in the above mentioned opinions in so
far as applicable to your questions may be summarizedas fol-
lows:
.
.’
Mrs. Herbert Gambrel1 - Page 5 (V-1088)
1. When a department is Providedwith a speci-
fic item of appropriationfor "travel expenses," or,for
travel and other expenses, the amount so,provided is the
maximum which may be expended for "travel expense," and
may not be supplemented~fromany sourcB, unless the appro-
priation bill specificallyso provides.
2. When a department has & been provided with
a specific appropriationfor "travel expenses" or for trav-
el and~~'other
expenses "travel expense" may be paid.from
an item of approprlat1onfor Qontingencies" or for "con-
tingencies"and other expenses, unless the appropriat,ion
bill specificallyprohibits such expenditure.
Item 17 contains appropriationsfor "travel ex-
pense,n and numerous other purposes. Item 16 contains ap-
propriationsfor "contingencies~l and other purposes, none
of which is for "travel expense." The appropriationbill
in which these items are found does not specificallyauth-
orize the payment of traveling expenses incurred by members
of the Commission, or any of its employees, out of "contin-
gencies" or the appropriationscontained in Item 16.,
In view of the foregoing,you are respectfully
advised that travel expenses Incurred by a member of the
Texas Library and Historical Commission in connectionwith
the "Renovationand Reorganization"program, provided for
in Item 16 of the appropriationsto the Commission for the
current biennium cannot be paid out of that item of’appro-
priations, even fhough "the residual balance in Item 17 be
insufficientfor reimbursementof such travel expense."
The only item of appropriationsavailable for the payment
of traveling expenses incurred by members of the cozuaission
and employees of the Commission Is Item 17.
SUMMARY
Travel expenses incurred by a member of
the Texas Library and Historical Commission
in connectionwith the fqRenovation and Reor-
ganization"program, provided for in Item 1.6
of the appropriationsto the Commission for
the current biennium cannot be paidout of the
appropriationscontained in that item even
though the residual balance in Item l$ be in-
sufficient for reimbursementof such travel
.
MEi. Herbert Gambrel1 - Page 6 (V-1088)
expenses. The only item of appropriations
available for the payment of traveling ex-
penses of members and employees of the Com-
mission is Item 17 which is a specific ap-
propriationfor "travel expense." Acts 51st
Leg. R.S., 1949 ch. 615 p. 1208; A.G.
0 inions NOS. O-&34, O-1321, O-1332, O-
5b99, v-1015.
APPROVED: Yours very truly,
C. K. Richards PRICE DANIEL
Trial & Appellate Attorney General
Division
Charles D. Mathews
'FirstAssistant Bruce W. Bryant
Assistant
BWBtwb