Untitled Texas Attorney General Opinion

Honorable George H. Sheppard Comptroller of Public Accounts AUatin, Texas Dear Sir: Opinion NO. o-2457 Re: Expense account of Dr. W, 3. Veazy letter of JUIl8 15, 1940, YOU request an opinion 88 In yO7.U.' to whether you are authorized to issue a warrant in paym8nt of an expense account submitted by Dr. W. B. Veazy, an employee of the State Board and Department of Health. Such expenses were incUrred by Dr. Veazy on 8 trip made outside the State of Texas. A8 advised in OCR letter to Dr. Cox on June 15, 1940, Dr. v88Zy'8 trip wa8 for State bUsin pUr- However, your question arisea out of the fact that z","flz&er signed by the Attorney General advialng that the purpose Of the prOpO88d trip was, in hi8 Opinion, for State bU8in88S p~rpoaea, had been filed with the Comptroller prior to the making of the trip and includng of the expenses. The question is governed b the General Departmental Approm priation Bill, s. B. 427, yJbthLeg., whioh contains the following provleion in the general rider, viz: "No traveling expenses 8haN be incurred by any employee of any of the dep8rtment8, or other agenoies of the Gover- ment, outside of the boundaries of the State of Texas, except for State busi&ess.directly concerning his own department or agency and no such expenees shall be paid from Stat8 appropriations or out of any local or auxiliary funds by the State Comptroller to an employee of any agency ofthe Government, until and unless a written statement, signed by the Attorney General, advising that the purpose of the pro- pneed trip, in hi8 Opinion, i8 for 8aid State bU8in888 pUrpO88S; which written opinion shall have been filed in advance with the State Comptroller, and signed duplicate thereof with the disbursing officer of such respective agency of the Government. This provision shall not apply t0 trip8 to Watiington, D.C., made by the Ag&orney General's Department, whose business before the United States Supreme COLu?tand certain Federal Commissions is mandatory, nor to the Adjutant General when appearing in Washington, DLC., before the War Deportment, nor to members or employees of the Railroad Com- *. Honorable George H. Sheppard, Page 2, O-2457 miaaion attending hear1 8, conferencea, or oral argument8 held in other Stat88 or a&in&on, B.C.. and involving rates and/or transportation matters.' In respect to the question submitted, the above language quoted from S. B. 427 is plain and unambiguous. We note your statement that the argument is made to you that the mrrd "advance," . _ . . as u88d in the rider, means in advanoe ._ Of payment ana not m advanoe of making the trip. HOweVer, the language of the Act 18 to0 clearly Otherwise. It simply admits of no other construc- tion than that out of State expenses must not.be incurred until the written statement of the Attorney General ha8 been obtained and filed with the Comptroller advising that the purposa of the propose,dtrip 18 iOr Stat8 bUsin pUI'pOS8S. It is unfortunate that the claimant did not obtain the statemEt before making the trip, but you have no alternative. warrant cannot legally iaaue. YOUl’SVery trllly ATTORNEY GENERAL OF TEXlls sj Glenn R. Lewis BY Glenn R. Lewis A88istant GRL:BBB APPROVED JUNE 21, 1940 a/ Gerald C. Mann ATTORREYGENERAL OF TEXAS Approved ,Opinion C&amittee By BWB Chairman :