OFFICE OF THE A-ITORNEY GENERAL OF TEXAS
AUSTIN
Bon. Bert PO&., Administrator
Texas Llpuor Control Board
Auatl n, Texas
We quote here ter or Auguut
9th
oontaini.ng
a reuueut to u8 tada duQartamt
as iallowst
in Dallsa, aal to rhfob be had not tbaratehre
beat ordered to rmun.
234
Iion.Bert Ford, Administrator, Page 2
a past of hie expenses for room and wale.
h?r.Pope is not submitting any expense ao-
oount fok hle bill at the hoepital other
than above ment loned. In the event you find
this mrmnt 18 due, oould It be paid out of
our ourrent appropriatlonel~
The payment of %raoellng expense* am allow06
to the rarloue orfioere, aeeietante, deputies, olerke and
other employeee in the vartoue departments of the &ate
government, out or any runde approprSated by the Leglela-
ture, ie governed by the language of the general statute
reIating thereto.
Astlole 6823, R. C. S. oi 1925, as amended, be-
ing the atatutee rererred to reads at3follower
.-
*The trarellng and other neasesary ex-
.pensae lnaurred by the various offlaere,
assistants, deputies, olarke and other em-
ployees in the various depafirasnte,instifu-
tione, boards, oommlselone or other eubdlvl-
eions or the State Oovernmnt, in the aative
dleaharge or their duties ahall be tyah as
are epealfioall~ fired and appropriated by
the Legislature in the general appropriation
bills providing ror the exp~et38 0r 'theStat.0
coverwent rrom year to yefar.....
It will be nated that the above statute does snt
unqualliledly authorize or allow trwellng expenea but oon-
taine words of llmitatlon,~whlah in effeat, states *travel-
ing and other neoeesary expeneee inaqred br the ra3?loa8
ofriaers....in the aatlte disahar e oftheir dutie eball
be euah as aGe=ly + xe anhapprop
-d a 8 ..d.*
We find the follow%ng language uood by the 44th
Legfelature in the general appropriation bill applloable,
Seation 2 thereof, the,pmvlaione or rhlah are to be oon-
strued with the above statute:
w....(e) Ai1 em~loyese traveling at the
expense or the state, are hereby limited to
Eon. Bert Ford, .kdmlnlstratar,Pago 2
ther0u0ring amounts ror male and lodglng~
for male not exaeedl (1.20 per day, for
lodging not exaeedlng7 2.00 per night, for
mosey aatmlly SxpendSd only;....
“(f) The following rule shsll be obsenml
by.all State smploySSe In rendering their ox-
pence aaaounts before any lxpenee shall be pal4
from appropriatlon hsreln ma&S Sor *traveling
expenses*:
“41.)There must be a oonoiee etato-
mnt of the duties parioraed....
S(2) The a~- or hot81, rSetaurant,
boarding or roawlng houeo in whlah
meals end lodging are prooured e&l1
ba given In every aaso where a reeelpt
18 rSquIre4 undSrthe aat....”
In aanrmatlon with your roqwit, our lttSStlon
has bean dlreoted to a rormr opinion rendSn4 by Bon.
Leon Xoeee, Assistant Attorney Oensral, dlreated to you
under date of September 1, 1937, a aopy of WhlOh you no
doubt bmo in your riles. Xt 18 apparent from the opinion
of Mr. Moses, hating the partloular e.xpenm aoaount eub-
witted and before him at the tlmS, that his aonaluelon wSS
reaahSd as a raeult of eSl.4expmm aoaount falling ta
dlealoee ary duties wrtorm4 or that durl&g thS perla4 of
aonflnewnt to the hoepltol Mr. Pope was not ShgSgS4 in the
aatual dleahsrge ot NE 4utlsS. wo are foraS to aeume
that tbS aoaount rae aarreatly eubSitts& as you do not aon-
tend any error in SSWS in your letter nor are sny iaot8
aontaln& therein dleoloelng any duties bslng p~rtOrme4
by Er. Pope while being aonflned to the hospital.
It is therefore, the opinion of'this 4SputmSnt
that Er. Pope 1s not entitled to draw his #S.20 QSr 4~y
Hon. Bert Ford, Administrator, Page 4
inkrmd 15 1931 for expenses ror rooms an4 meals during
tha period at oonfinement in a hoepl tal, not being en-
gaged at the time in thS aatlre aleaharge of Ne duties.
Yours very truly
RAL OFJTEXAB
,
- % J!f? lung
Aueleta5~
APPROVEDS~ 1, 1939
L.-J--5
ATTORNEYGENERAL OF l'EZ#S