TBIE ATTORNEY GENERAL
OF ??EXWAS
GEEALDC. MAEN -&wrxN 11. -rExAs
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Hon. George B. Sheppard dpinion Eo. O-2340
Comptroller ,of’ Public Be: Traveling expenses--Senate
Aocaunt s Bill 427, Acts 46th Legislature--
Qustin, Texas incurred im attending a convention.
Deer Slr:
By your letter of May 7 1940, you ask the opinion
of this department upon the quest 1on whether, under the facts
disclosed by the documents enclosed in your letter, attendance
upon the conference concerned violates the provisions of Senate
Bill 427, Acts 46th Legislature, prohibiting the spending of
moneys therein appropriated to pay the traveling expenses of any
State employee to any type of convention within the State or
without the State of Texas.
The facts disclosed by your letter are as follows:
On March 15, 1940, the Honorable George W. Cox, M.D..,
State Health Officer, requested that the Attorney General approve
a trip by F. D. Brock Director of the Bureau of Food and Drugs,
to New Orleans, Louislana, “for the purpose of discussing’ with
officials of the United States Food and Drug Administration mat-
ters pertaining to the application of the new Federal Food, Drug
and Cosmetic Act to Texas manufacturers and shippers of foods
and drugs and other matters coming under the jurisdiction of this
Departmenc ” stating that Mr. Brock planned to leave on April 22nd,
and be out’of the State until April 27th.
,On March 18, 1940, this department wrote the Honorable
George W. Cox, replying to said letter of request, advising him
that in the opinion of this department the trip to be made by
F. D. Brock, as explained in Dr. Cox’ s letter of March 15th, was
for State business purposes.
With your letter, you enclose a printed program.’ ~Exami-
nation of this program reveals the following facts:
The program is the Silver Anniversary Programi’the Twenty-
fifth Annual Conference of the Association of Food, Feed, Drug and
Health Officials of the South Central States. The headquarters of
the conference is the Hotel Monteleone, New Orleans, Louisiana. The
program reveals that the conference was to be held on April 25, 26
and 27, 1940. It likewise discloses that the President of this
Hon. George H. Sheppard, page 2 (O-2340)
Association is, or was at that time, F. D. Brock. The program
was evidently printed some time ahead of the date for the actual
meeting of the Association, and evidently was distributed to the
members of the Association, for the program contains the follow-
ing statement on the second page thereof%
“Important1 Members are urged to arrive promptly
for the Opening Meeting April 25th. Important committee
work will be taken up that night at 7800 p.m.”
The program reveals that, among the proceedings on
Thursday, April 25, 1940, at 10800 a.m., the meeting was called
to order by President F. D. Brock; that the Speaial Order for
11:30 a.m. on that date was the President’s address, by F.D.
Brock of Austin, Texas; that the seventh item on the program for
that date, following the noon recess and the reconvening of the
Association at 2800 p.m., was an address by F. D. Brock of Austin,
Texas, on the Sanitation of Pecan Shelling Plants (from a State
standpoint). The conference apparently adjourned somewhere about
12 noon on Saturday April 27, 1940, after a business session in-
volving election anB the selection of the 1941 meeting place.
The rider appended to Senate Bill 427, Acts of the 46tb
Legislature, provides:
“ED moneys herein appropriated shall ever be spent
to pay the traveling expenses of any State employee to
any type of convention within the State or without the
State .I1
Said rider also provides, in the section on traveling ex-
penses, that:
“Except as otherwise specifically exempted, the pro-
visions of this act shall apply to department heads and
members of commissions.”
You are advised that in our opinion the Annual Confer-
ence of the Association of Food, Feed, Drug and Health OMioiale
of the South Central States is a econvention e within the meaning
of the provisions of Senate Bill 427 Acts o! the 46th Leglala-
ture. See our opinions numbered o-1$16,o-1737,copies of which
have heretofore been furnished to you.
RWJ?:PBP:wb Yours very trul
ATTORNEY GEiNER AI OF TEXAS
APPROVED MAY24, 1940 By /s/ R.W. Fairchild
/s/ Gerald C. Mann R. W. Fairchild, Assistant
ATTOREEY GEEERALOF TEXAS
APPROVED:OPIEIOE COMMITTEE
BY: BWB, Chairman