By yourletter of September 8, 1339, you ask the opinion of this department upon the following quection.

"Whether State mental hospital superinten- dents may attend the American Hoapital Association meeting, its conferences and demonstrations, the American Psychiatric Association meeting, its con- and clinics, or t'ne Texas Neurological ferences Society meeting, at State expense, when such trips are authorized by the State Board of Control?" The rider. to the Eleemosynary Appropriation Bill reads in part as follows:

"Traveling expenses. None of these appro- priations ,may be used for traveling outside of the State of Texas without the advance written consent of the State Board of Control, except in adjoining States in deporting non-resident inmates and return escaped inmates to institutions. Otherwise, the State Comptroller shall apply the aame rules to the approval and payment of traveling expenses of all employees except the superintendents of the eleemosy- na~ry institutions as he applies to such expenses of the State Departments. Superintendents' trips shall be as authorized by the Boa.rd of Control." The rider to the Depa.rtmental Appropriation Bill provides in part as follows:

"No 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."

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IiOil. Charles W. Castner, hge, 2

"Except as otherwise spccificaily exempted, the provisions of this Act shall also fpply to depa~rt- ment heads and members of commissions.

Your attention ^[13] directed to the fact that the z-icier to the Elecmosynary Appropriation Bill specifically except3 tile super.:nten- dents of the eleemosynary institutions from the provision that the State Comptroller shall apply the same rules to the approval and psynent of expense3 of all employees of eleemosynary institutions a3 he travelin,- applies to such expenses of the Sta.te Depa.rtnents. Tnerei’orc, aithough the meetings referred to in your inquiry are, in their nature, "conven- tions," nevertheless, by virtue of this specific exemption, superinten- dents of eleemosynary institutions may, if and when such trips are per- mitted by the State Board of Control, attend such conferences or conven- tions as may relate to the administration of the particular eleemosynary institution over which the superintendent has charge.

Yours very truly ATTOPmY GENERAL OF TEXAS By R.W. Fairchild R.W. Fa.irchild Assistant RWF:pbp

APPROVED SEP 14, 1939

s/ Gerald C. Mann

ATTORNEY GENERAL OF TEXAS

APPROVED OPINION COMMITTEE BY s/EWC Chairman.