HonorableL. A. Wooda
state ,sup3rlntendent
of
Publio In&,ruotlon
Auetln,Texaa .
Dear Dr. Woode; opinion lie. o-7257
Re: Whether the pereouadeeigMt.ed
by the State Departmentof'Edu-
oaticm to help In the prom
of develop* an elementary
course of study may legally
have their traveland malnt&n-
awe expeimeapaid by theState.
This will 8olmOwlsdgereoeipt of your letterrequestingan
opinionof this Department,frcm whioh we quote;
"The State Departmentof Educationltiundertak-
ing a progran,Ofdevelopingan elementaryooume of
et&y. Ye have invitedall the eohool teaoheraof
the State to'partiolpate. .
*Thema%&albaa beengetheredhera in the
State Superlntendent'e offloe~andhitPCKImust be
campiled inbulletlnfozmforuee inthepubllo
eohoole. Thme orfour outatmding~leaderainour-
rloalmumaking in the a~lemmtaryfield have a~re'ed
toaeeietua iuooordinstlngthl13materlalifwe
oan~paythelr~.tra~ellng expewe to andfmt~Au,etin,
andl&elr~alnt.enanoe whllshem. zheywouldbe
requiredto etay here about three or four weeks.
'71ehave euifiolentfunde In our travelaooount
to take oare of thie if it is your opinionthat this
oanbedone. They will not be paid any salary,and
we feelthat:we ehould pay their tra~eland maintan-
enoe if we can legallydo 80.
Will you pleaee give UB your opinionon thla
at your earliestoomenlenoe."
HonorableL. A. Woods - page 2 (o-7257)
It is the opinionof this Dapartientthat the expenditures
mentionedby you may not be pald by the State.
It is fundamentallaw, of oouree,that no moneys may be paid
frcm the State Treasuryexceptupon a specificappropriation made by
the Iegialature.
There ia in the approprlatlonfor the State Departmentof
Educationfor the currentbienniumItem 26, Trmeling Expense -
$10,750.00per mum. The purposefor which that Item of appropriation
ia made ie, of oouree,to pay the travelingexpenseof employeesand
representatives of the Department. This could not possiblybe construed
to Includethe travel expensesof persona,howeverworthy and however
helpful,who were not members or employeesof the Department.
This rulln~ is In line with the rulingmade by this Deparbnent
In OpinionNo. 0~60.56, addressedto HonorableRoyal1 R. Watkins,President,
State Board of Educationof Texas (copy of which we hand you herewith)
whereinwe aaid:
‘Within the scope of the foregoingstatutory
proviaiona,it is obviousthat no authority,either
expressor implied,exists for defrayingexpenses
of such Specialor Standardization Committeereferred
to in your ocmununloatlon.Neitherhave we discovered
any other atatutewhich authorizessuch expenses. Tne
functionsof such oaamnitteeare providedfor by eiist-
lng law. Such funotionsare to be exercisedby the
TextbookCcwilttee,createdby the State Board of Edu-
cationas requiredby Art. 2675b-5(f),V.A.C.S.,the
members of which shall receive the ccmpenaationas
thereinprovided.
"Of oourae,It is permiaeiblefor the State
Board of Educationto seek advice and counselfrom.~.
other murces, awh ae teichere,eupervlsore,school
admlniatrators,and the State Superintendentof Pub-
110 Instruction,who Is BX officioSecretaryof said
Board. However, in the abeenceof statutoryauthority,
such adviceand oounselmuet be furnished,if at all,
without expenseto the State."
APPROVEDJw 10 1946 Very truly yours
/e/ Ocle Speer Al%XU4EYGEXER&OFTEXAS
ATTORNEYGENERALOF TEXAS
APPROVED BY /k3/Ocle Speer
OPINION Ocie Speer
co- Assistant
OS4lR:tiw BY h/BwB
Chal-