R-05
OFPICE OF
THE ArToRNEY GENERAL
Ausmrv. TEXAS
PRICE DANIEL
NTORNEY GENERAl
Janne~ry 11, 1947
Roti. A. 0. Willman,’ Dire&or
veterads State’Service Ciiice ..
tina 0fm0 milafng
Bustip, Texas ,’ qpsnion No. v-05
Re: Whether or not it is le-
gal for the Veterans
Ystate Servfoe Olfiae to
pay dut ot its expense
f ua, expenses incurred
by employee on temporary
duty,~ suah employee be-
ing c.a.rriea on the s&l+
.a. qry payroll of the Adju-
tant General’s Depart-
ment .
Dear Mr. Willman:
We beg to aaknowleage~ reoeipt or your request
for an opinion upon the above subject ‘matter, yo~ur re-
quest being as follows:
“Colonel Thomas W. Gahagen Gho ,is employed by the
Adjutant Gene~ral’s Department ha& been assigned.
to. this office on temporary duty effeotive Ootober
22. Since that time expenses inourrsd by him whil’e
traveling for this office are being paid Out of
our traveling expense tuna.
QUESTION: Is it- leg61 for the
Veterans’ State Servlae Oiiioe
to pay out o? its expense fund,
expenses inourred by an employee
while on temporary duty with this
off ioe and employee is being carried
on the salary payrolls of the Adjutant
General *s Department?-
We ‘beg to advise that the payment of the tray-
cling expetie.. of the employee of’,.the Adjutant Gene,ral’s
Department named ~by you may not be PaId from Item 104 -
Hon. A. 0. Willman, Page 2
Traveling expenses - of the appropriation for Veterans
State Service Office, our reasons therefor being as fol-
lows:
It is fundamental law that no monies may be
paid from the State Treasury except upon a specific ap-
propriation made by the Legislsturd for the particular
purpose to which it is applied. Item 104 of your appro-
priation for traveling expense necessarily means that
such fund is to be applied to the traveling expense of
officers and employees in yo~urService. As we. under-
stand your letter, the facts are that Colonel.Gahageh~is
not an officersor,'employeekhstever of your Service but
on the contrary he is an officer or employee of the Ad-
-jutantGeneral's-Department and his salary is being paid
from the appropriate item of the appropriation for that
department. While Colonel Gahagen is performing actual
services for the ~beriefit
of your Service, and while the
cooperetion%n this respect of the AdjutantGeneral's De-
partsientSs a most worthy one, nevertheless the Comptrol-
lerwotid.not be~.authorizedto approve the claim and is-.
sue,his warrant for Colonel Gahagen's expenses against
Item 104 or sny-other item of the appropriation for the
Veterans Servke:
This opinion follows opinion #O-7257 by this.
department to Honorable L. A. Woods, State Superinten-
dent of Public Instruction, wherein we said, "There is
inthe,approp-riation.for.the State Depa'rtment.ofEduca,;
tion, ,for the.current biennium, Item.26; - Traveling
Expense - $10,750.00 per annum. The purposefor which
that item of appropriation is made is, of course, to
pay the travelingexpense of ~knployeesand representa-
tives oftthe~depsrtment. 'This could'not posdibly~be
codstrued;to include the travel expense of persons,
however worthy, a+ -~however: helpful;who werenot 'mem-
bers or employees of the department." ,:
..
SWRY: The travel expen.se.ofone belonging
~~'to'.the
Adjutant General's Department
~'whether~asan-offlcer'or an employee
. ~maynot be paidfrom'the appropriation
/~ y made'for‘travel expense'pf the Vete-
.'rane Servfce~Gffice;such person be-
i ,/ .I, *ingneither anoffiber.nor an employ-
., '. ee df'tse‘~Veteraris:Service
Office.
Ron. A. 0. Willman, Page 3
Very truly yours
ATTORNEY GENERAL OF~T'EXAS
By4!2 & Ocie Speer
Assistant
APPROVED JAN. 11, 1947
&&
OS:WB*
Approved Opinion Committee
By %wB
Chairman