Case Information
*1 Hoii. George W. Cox, W. D.
state H<li Officer
Austin, Texas Dear Sir: Opinion No. 0-1.562
Re: Whether $4.00 per day llmltatlon on traveling expenses provided by rider to departmental approprla- tlon bill applies to trip by-State Health Officer to Washington, D;C., at request of Federal offlclals, expenses of such trip to be pald out of funds allocated to the State of Texas by the Children's Bureau of the Federal Government.
This will acknowledge receipt of your letter of Octo- ber 6; 1939;wherel.n you advise that you have been requested. by Miss Katharine F:'Lenroot, Chief'of the Children's Bureau, and by Surgeon General Thomas Parran' of the United States Public Health Service, to come to~washington, D. C., for the purpose. of studying plans, rules and regulations for the ad-- mlnFstratFon of health affairs and moneys allocated to Texas, and that you have been advised by' Miss Lenroot that your ex- penses ~111 be paid out of funds allocated to the State of Texas by the Children's Bureau.
You desire the opinion of this department upon the following question:
"Please advise me if expenses incurred on a trip.to Washlcgton, onofficial business, ~111 be limited to $4.00 per day, or will the expenses incident thereto be limited to actual'expenses if paid out of funds allocated to the Health Depart- ment of the State of Texas by the United States Public Health Service. or the ChlldrenVs Bureau."
Your question is not one which can be gZven a categorical answer, upon the basis of the information contaln- ed inyour letter. The answer to your question depenas upon the facts as to whether or not, in allocating funds to the State of Texas by the Children's Bureau, the Federal govern- ment has made an unrestricted grant of such~funas ln,such man- ner as to constitute the funds "State funds," subject to the *2 Hon. George W. Cox, M. D., page 2 o-1562 complete control of ~the Leglslatldn of the State of Textis. If this be the sltuation,~the expenses incurred by you on your trlp,to Washington,'6n official business, would.bi ~lmlt- ed to $4.00 per d&y, in accordance with the rider appended-to the departmental appropflatlon bill. On the other hi%na, if the condition of th& grailt to the State of Texas by the Children's Bureau was'that the expenditure of such Federal funds should be subject to the control of the 'proper 'Fed&al authbPltle&, or the grant at the'tlme it was made'prescrlbed the use that might be made of such funds in respect to traveling expenses authorized to be paid therefrom, such ". funds would be received and retained by the State of Texas" impressed with the trust, and the exp&nilture~of 's;uch:~fUiiis Would be controlled by the Federal regulations, rather than by our State laws.
Yours very truly ATTORNEYGENERAL OF TEXAS By s/R. W. Fairchild R. w. FaiPChlla RWF:pbp:wc
APPROVED OCT ‘~23, 1939
s/Gerald C. Mann
ATTORNEYGENERAL OF TE?3S
Approved Opinion Committee By s/BWB Chalrman