Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

Iion. P. A* Kcrby

Business Officer

8trrte Board of Eealth

Austia, icxcre

Rear ur. Kerby: appears that

Prom your letter ard of Health by’ the allotment of is designated by the Federal gor the F&oral age for the State orrzed, are do- Kealth OPficer . nt s izade therefron

pos1tw.l in the on warrants iss . Pou request he folloxing questiona opwi.on of this , D. C., at the request nit& States, where the e from such Federal funds, iuitti to $4.00 a day for s allocated anil granted by the tate of Texas bocono Stata mon- ntrol of the Legislature of Tcras at legislative regulation of their ex- PcniUturc dots not violate the term and conditions of the ptieral grnnt . See our Opinions Nos. O-200 ati O-330.

The DePartnental Appropriation Bill for t.be cur- neg.* Sass, rcat biennium (6. B. 423, Acts 47th Legislature, Proriilcs, u&m the he&ng “General Provisions*, SCC. 2, subsection 10~

I ..52.4 Honr P. A9 Kerby - page 2

*(IO) United States Funds and Aid. The propor officer or officers of any State Do- partments, bureaus, or divisions of State

agencies are her&g authorizocl to uake appli- cation for and accept any gifte, grants, or allotncnts or funds from the United states

Goverxmcnt to be used on State cooperative

aucl other sederal projects and programs in

Texas, including construction of public

buildings, repairs, and inprovonents . Any

of such Fedora1 funds as nay be deposited

the State Treasury are hereby appropriated to the spooific purpose authorized by the Fcder- al Government, and subject to the lindtation -- placa on w &&,# (Kuphasls ours) -

One of the linitatione imposed by the Act on tho ovpenlliture of uonice appropriated thereby is found in See.

2, Subs. (12)g1

*All c~ployeos traveling at the expense of the State are hereby limited to the amount off Four ($4 .oo) Dollars per day expenses for neals and lodging; , , , s

The 0~3.Q e.xceptiorsmacle to t&is rule aro found in sec. 2, subs. (13)fl

sit is expressly provided that the provis- ions of Subsectiou 126 of this Act with refer- ence to limitation of amount of traveling q- pense shall not apply to the Governor, the Iileu- and the n?embers of coxdssions teuaut-Governor, vho .reoeive no salary or peti diem, when travel- ing in or out of the State. Hor shall said pro- vision apply to the drijutant General and his representatives vhen appearing in Washington, D. 0. before the Tiar Departncnt, the Attoruey General anil his assistants vhen appearing be- fore the Supreme Court of the United States and Fcdcral agencies in Washington, D . C., nor the nielrrbers of the Railroad COoci~SiOn vben op- pcaring before the Interstate Comerce Comdes- ion or other A+‘eclcral Comisaions in iiashingtcn, D. c,m

aon. P. AI Xcrby - Pago 3

The exenptfons do not apply to the State Ucalth Officer. Since Sec. 10 expressly appropriates Fcdcral funds received by tho State a gcncics ml deposit& in the State Treasury subject to the limitations is~posed by the Act on the cxpendlturo of rconics opprcpriatcd therein, $4;J4te; day limitation on expenses for meals and lodging

. Opinion No, O-1502. In this connection, it nay bo observed that an employee isstravcling at the espcnse of the State. though the State rcay pay such expense from funds donated to it; but, in any went, if this be not correct, the b@ ,00 a day limitation applies because tho Legislature has directed that the lititations on the ex- penditurc of funds ap?ropriatcd by the Act shall apply to funcls rcoeived fron: the Federal Sovornmutr

Very truly yours

R. X. l%irchild Assistaut ATTOFNB GmERAL OF ‘l!?ZXAS