Your letter of August 1, 1947, presents the opinion of this office the following question: Is it necessary for elected officials of the State and subject to confirmation by the Senate, those appointed, to submit receipts for hotel billa in connection with travel expense?

Section 2, Paragraph g, Subsection 11 l f the biennial appropriation, beginning September 1, regular 1947, and ending August 31, 1949, provldea as fellows:

“g . All employees traveling at the ex- pense of the State are hereby llmlted to the amount of Three Dollars meals and a total. of Five Dollars ( $3 D 00) per day for

($5.00) per day for meals and lodging, it being speclf- lcallg provided tain receipts that the employees shall ob-

for all Items of expense claimed except meals, and shall such receipts with their duly itemized and sworn expense accounts; provided, however, that the meals and lodging limitations Imposed by this 3ub- section (llg only) shall not apply to any elected State official nor to any appointed State official whose appointment Is subject to Senate confirmation, when traveling in or out of the State. *. “(Vernen 1 a Texas Session Iaw Servbe , p. 937)

Hon. lb B. Morgan, Page 2, ,V-353

We think under the expressed terms of the fore- going provisions of the Appropriation Bill that the an- swer to your question is in the negative. The bill spec- ifically states “providing. however. that ,the meals and lodging-llmitatiohs imposed b$ this-Subsection (llg only) this obviously refers to the Three .($3.00) end Pi6 ($5.00) Dollar limitations Q Robwhere, however, is there any statutory requirement that elected State officers and those appointed, requiring Senate confirmation, ob- taia end fLle receipts for any items of expense in con- nection with lodging or hotel bills while traveling in or out of the State.

All ‘are required, however, i’ncluding elected or appointed officials requiring Senate con- firinatlon, to give the name of the hotels, restaurants, etc. at which meals and lodging are secured as provided in subsection b of 3ection 12 of the general provtsion of the Appropriation Bill nhich is as follows:

“The names of hotels, restaurants, etc., at which meals and lodgkng are se,cured shall be given in every case. You are, therefore, respectfully advised that

elected State officials, and appointed State officiala, requiring to secure and file confirmation by the Senate, are not required

receipts with expense accounts hotel end lodging bills, but are required to give the name of hotels, etc. and the aswnt &Urged for such expense. All other State employees are re- quired to get receipts end submit the same with expense accounts and this re- for hotel and lodging expense gardless of the exemption.from the Five ($5.~00) end Three ($3.00) Dollar limftatlon while on official busl- ness before Federal agencies in WashIngton.

SUMMARY “Under the terms of the General Provl- sions of Appropriation Bill applicable to the biennium beginning September 1, 1947, State elected officials and State appointed *3 Hon. He B, Morgan, Page 3, V-353

officials whose appointments are required to be confirmed by the Senate are not re- quired to secure and file with their ex- pense account, bills lodging, but are only required tels, to give the name of the ho- etc. and the amount of the expense Incurred. All other State em- ployees are required to secure end with expense aacounts receipts for hotel end lodging, and this regardlesa of whether incurred in Washington on official business or elsewhere e

Yours very ‘truly, ATTORNEY CJRRRRAL OR TKIKAS L. P, Leller Assistant APPROVED ,. , LBL:mrj