Texas Attorney General Opinion: O-1249 Page: 3 of 3
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eon . Geo. H. Sheppard, Page 3
that -rticle 726b-l0 evised L vil statutes, provides that the
members of the state board of >ducation shall be paid 410.00 per
day %-hen in actual attendance upon board tmetinos end shall be
entitled to actual traveling and other necessary expenses incurred
in the discharge of their duties does not dispense with the neo-
essity of having .n appropriation before either such compensation
or expenses may be paid by the tate. Art. 8, -ec. 6, Constitution
of Texas; Lightfoot vs. :ane, 140 . . 89; Linden vs. tnley, 49
. . 508. .e quote from the opini n oaf ustice Gaines in the
latter ease as follow:
"There is nothing in the constitution which pro-
hibits the legislature from limiting any appropriation by
any apt words expressive of their intent. Should they
even fail to appropriate a salary fixed by the conatitu-
tion, the officer affected by it is without remedy before
the courts. .. It would seem that, when the legislature
is of opinion that the compensation fixed by law for the
services of an officer is excessive, tray should amend
the law and reduce it, but that, until so reduced, they
abould zuke appropriation for the compensation 'hich the
law provides. But, should they fail -to do this, it is
simply a case in wich the officer has a legal right,
but no remedy, except an application to another legisla-
ture. Under our constitution, without an appropriation
no money can be drawn from the treasury. ."
From the above, we think it becomes evident that your
question must be answered in the negative.
Yours very truly
ATTORNEY GENAL OF TXAS
Glenn . Lewis
CR: APPROVED Assistant
ATTORNEY GENJERA OF TEXAS
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1249, text, 1939; (texashistory.unt.edu/ark:/67531/metapth258431/m1/3/: accessed December 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.