TEXAS
Mrs. B. L. Aver Pre sldent
State Board of 3;’airdressers and Cosmetology
Austin, Texas
Opinion Ro. v-651
ROI Construction of Section 11 (f),
a rider to the current Deport-
mental Appropriation Bill, and
sy(lc;io; 7 of Article 734b‘
. . .
Dear Madam:
Your letter requesting an opinion of this office,
in part, reads:
:;Sectlons 4 (a) and 4 (b) of Artlc’le 734b
of the Penal Coda of the State of Texas sctis
up the Board of Hairdressers and Co~mrtologlsts
showing the Members are appoldted by the Govera-
or, take oath of office, and must be confirmed by
the Senate.
%xtlon 7 of Article 734b of the Penal
Code of the State of Texas gives members of the
Board permission to attend Conventions and be
reimbursed for such expenses.
‘In view of the above Sections of Article
73411 this Board respectfully requests your opln-
ion as to whether or not the members of this
Board are required to corply’wlth Section 11(f)
of the rider to Senate General Appropriation
Bill No. 391 of the 50th Legislature wherein it
states2
. ..Ro moneys herein appropriated
“l shall
ever be spent to pay the traveling expenses of
any State empl.eyee to any type of convention
within the State or without the State except
upon advance written approval of the Attorney
General as being for State’s buslness.‘1l
Mrs. P. LO Avery, ?age 2 (V-651)
Section 6 and the pertinent part of Sectlen
7 of Article 734b respectively read:
‘tsec. 6. The State Treasurer ef the State
of Texas is hereby designated as custodian of
all revenues derived under the provisions of
this Act, and all suah funds shall be credited
by the State Treasurer to the ‘State Board of
Cosmetologists Fund. I ”
“Sec. 7d The members of the Board shall
each receive a salary of Three Thousand Six
Hundred ($3,600,00) Bellars per year, payable
in equal monthly payments, together with ac-
tual expenses incurred in the performance of
their official duties, previding such expenses
shall be allowed If and when audited, approved
and allowed by the State Comptroller. Such
salary of the Board me-nbers and Executive Sec-
retary, as well as all other expenses incident-
al to the discharge of their duties, shall he
allowed, including reasonable expenses in ot-
tending schools for the purpose of taking post
graduate courses in beauty culture and attend-
Y It rl t . both
ldtig !n iosevent shall
such expenses for any one Board member exceed
the sum of One Bundred ($lOO,OO) Dollars for
any one convention or post graduate course at-
tended within the state nor more than Two Hun-
dred ($200,00) Dellors for any one convention
or post graduate course attended out of the
State; e Q 0 All salaries and expenses shall
be paid out of the fund in the State Treasury
to the credit of the Texas Board of Cosnetel-
ogy on requisition sfgned by the President and
Secretary of the Board and a warrant of the
State Comptroller DI1
You have correctly uoted in your letter the
pertinent part of Section 11 ? f) of the general riders to
the Departmental Appropriation Bill for the current bien-
nium (S. B. No, 391, Acts 50th LecQ, p0 936)
Appropriations made to the Board for the current
bfennfum are found at pages 847 and 848, Acts 50th Legis-
lature, Item 18 thereof is an appropriatian of $6,000 for
each year to pay traveling expenses of members of the
Mm. E. L. Avery, Page 3 (v-651)
Board. One of the special riders attached to these ap-
preprlations reads:
“Subject to the llmitaticns set forth
in the provisions appearing at the end of
this Act all appropriations made herein for
the State Board mf Hairdressers and Cosme-
tology shall be paid out of the receipts
received under and by virtue of the provis-
lens of Chapter 116, Acts Regular Seesion,
44th Legislature and any amendments there-
to.” (Art. 734b, V. P. C.)
The appropriation for travel expense of mem-
bers of the Board contained in Item 18 must be consider-
ed in connection with this special rider and the perti-
nent part of Section 11 (f) to which that rider refers.
This office has heretofore construed these
identical riders which have. appeared in appropriation
bills of former years and has consistently held that ad-
vance written approval by the Attorney General was a
necessary prerequisite for authority of the Comptroller
to pay traveling expenses incurred in attending any type
of convention. For your information, we are enclosing
herewith Opinions Nos. C-4703 and O-4734.
It is our opinion that members of the State
Board of Hairdressers and Cosmetologists are required
to comply with that part of Section 11 (f), quoted in
your letter, and obtain “advance written approval” of
the Attorney General before traveling expenses incurred
in attending any type of convention, either within or
without the State, may be paid by the Comptroller.
Section 44 of Article III of our Constitution,
among other things, in substance provides:
The Legislature shall not grant by ap-
propriation OP otherwise any amount of money
out of the Treasury of the State, to any ln-
dlvidual, on a claim real or pretended, when
same shall not have been provided for by pre-
existing law.
Mrs. E. L. Avery, page 4 (v-651)
The Legislature has specifically provided in
Set, 7 of Article 73&b that members of the Board shall
each receive reasonable expenses incurred in attending
conventions of beauty culturists, both state and na-
tional, within the limitations imposed therein. There-
fore, if a member of the Board should attend such a
convention without having obtained advance written ap-
proval of the Attorney General, such member may submit
a claim for expenses so incurred to the Legislature
for approval o The Legislature may PraPerly make an ap-
propriation from the State Beard of Cas=etekgists Fund
to pay the claim, subject to the limitations imposed by
Section 7 as to amounts allowed for attending one con-
vention, for that Section is a pre-existing law for
such purpose.
SUEMARY
The Previsian in Section 11(f) of the De-
partmental Appropriation Bill for the current
biennium,requiring advance written approval
of the Attorney General that applicant’s at-
tendance at a named convention weuld be for
State’s business, applies to members of the
State Beard of Hairdressers and Ccsmetologists,
Acts. 50th Leg., S. B. 391, sec. 11(f), P. 9381
Art. 734b, V. P. C.
Yours very truly,
ATTQRNEY
GENERAL
BF TEXAS
BWB:wb Bruce W. Bryant
Encls. Assistant
APPRI)VRB
:
NEY GENERAL