Untitled Texas Attorney General Opinion

Honorable George Ii. Sheppard Comptroller'of Public Accounts Austin, . Texas Dear Sir:~ Opinion No. O-4132 Re: Appropriation to Livestock Sani- tary Commission for "investiga- tion contagious diseases, lnclud- ing supplies "was available for payment of traveling expenses. Your letter of .October 16th advises that the depart- mental appropriation bill for the current biennium carries the followlng two items for each of the years .of the biennium In the appropriation made for the Livestock Sanitary Gommission: "Traveling expenses $51,000.oo "Invest-igatloncontagious diseases, including supplies 3,000 .OO” "The general rider to this appropriation bill pro- via& : "TRe appropriations herein made are to be construed as the maximum sums to be appropriated to and for the several purposes named ‘herein, and the amounts are in- .tendsd to cover and-shall cover the entire costs of the respective Items, and the same shall not be supplemented from any other sources; and except as otherwise provided no other expenditures shall be made nor shall any other obligations be incurred by any department of this State, provided, however, that nothing herein shall prevent any department head from paying less than the maxinmm amount set forth herein for any salaried position." You advise that the Livestock Sanitary Commlsslon pre- sents to"gou claims for traveling expenses agalnatthe.item of appropriation for investigation of contagious diseases, and you ask the opinion of this department upon the cjuestionwhether ycu are authorized to Issue warrant in payment of traveling expense accounts as presented. Honorable George Ii. Sheppard, page 2 O-4132 Your question is answered in the affirmative. The item of $3,000.00 for "investigation contagious _- diseases, in- eluding supplies" is available to defray all expenses incurred, necessary in the investigation of contagious diseases-. See our opinion No. O-1532, copy of which is enclosed. Your attention is directed to the fact, however, as pointed out in opinion No. O-1532, that~the general traveling expense item of"'appro- priation of $51,000.00 is not available to defray traveling ejrpensesincurred in coAnection.with the Investigation of con- tagious diseases. 1t"should be noted that the $3,000.00 item for ' "investigation contagious diseases, Including supplies" does not provide funds for the conduct of the ordinary, routine activities of the Livestock Sanitary Commission in determining the existence bf'diseases among livestock and domestic fouls and taking the steps provided by law for suppressing the same. By Webster, the word "investigate" is defined? "TO follow up by patient inquiry or observation; to inquire and ex- amine into with systematic attention to detail and relation- ship." And~the same authority defines "investigation" as "Act of investigating; process of inquiring into or tracking down; thorough inquiry; research." In cur opinion, the Legislature ha.sprovided this: $.3,000.00item to enable the Commission to investigate contagious diseases themselves, as such.,rather than to provide an addition- al fund for the inspection of animals and domestic fowls to de- termine whether they are suffering with contagious diseases. It IS, in our opinion, an item provided for research i-ntothe contagious~diseases of lieestock and domestic fouls, their causes, characteristics, -and cure. To hold otherwise would be to say that the Legislature provided two items of appropriation for the same prupose, and such a construction is not to be adopted where the item is susceptible of a construction which will not render it merely a duplication,of an item or items already pro- vided. It would seem clear that research into contagious diseases of livestock and domestic.fowls may require traveling. The expenses of travel done for this purpose may be paid from the $3,000.00 item, and from it alone. Traveling expenses in- curred in connection with activities of the Commission other than research into contagious diseases are to be paid from the $51,000.00 item only. . 1- Honorable George H. Sheppard, page 3 O-4132 Yours very truly ATTORNEY GENERAL OF TEXAS By s/R.W. Fairchild R.W. Fairchild Assistant RWF:AMM:wc EWCLO SURE APPROVB) NOV 24, 1941 s/Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion Commlttee,By s/BWB Chairman