No. V-0005 (1947).

• Case Date: January 11, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0005 (1947). 1January 11, 1947Hon. A. O. Willman, DirectorVeterans State Service OfficeLand Office BuildingAustin, TexasOpinion No. V-05Re: Whether or not it is legal for the Veterans State Service Office to pay out of its expense fund, expenses incurred by employee on temporary duty, such employee being carried on the salary payroll of the Adjutant General's Department.Dear Mr. Willman: We beg to acknowledge receipt of your request for an opinion upon the above subject matter, your request being as follows:

"Colonel Thomas W. Gahagen who is employed by the Adjutant General's Department has been assigned to this office on temporary duty effective October 22. Since that time expenses incurred by him while traveling for this office are being paid out of our traveling expense fund.

QUESTION: Is it legal for the Veterans' State Service Office to pay out of its expense fund, expenses incurred by an employee while on temporary duty with this office and employee is being carried on the salary payroll of the Adjutant General's Department?"

We beg to advise that the payment of the traveling expense of the employee of the Adjutant General's Department named by you may not be paid from Item 104 -2Traveling expenses - of the appropriation for Veterans State Service Office, our reasons therefor being as follows: It is fundamental law that no monies may be paid from the State Treasury except upon a specific appropriation made by the Legislature for the particular purpose to which it is applied. Item 104 of your appropriation for traveling expense necessarily means that such fund is to be applied to the traveling expense of officers and employees in your Service. As we understand your letter, the facts are that Colonel Gahagen is not an officer or employee whatever of your Service but on the contrary he is an officer...