February 28, 1972
Honorable Robert E. Stewart Opinion No. M-1089
Banking Commissioner of Texas
John H. Reagan State Office Bldg. Re: Legality of paying compen-
Austin, Texas 78701 sation for the services of
the citizen member of the
State Banking Board, and
Dear Mr. Stewart: related questions.
You have requested an opinion of this office as to whether the
citizen member of the State Banking Board can be legally compensated
for his services and, if so, from what source and for how much.
The State Banking Board, as established by Chapter I, Article
15 of the Banking Code of 1943, included the Banking Commissioner,
the State Treasurer and the Attorney General. In 1963, Section 12 of
Senate Bill No. 318 of the 58th Legislature substituted a citizen member
for the Attorney General on the State Banking Board. The change deleted
the Attorney General and inserted the following:
“The State Banking Board shall consist of one
(1) citizen of the state, appointed by the Governor
with the advice and consent of the Senate, who
shall serve for a term of two (2) years, . . . ”
In 1971, the 62nd Legislature, by enactment of Senate Bill No.
1002, amended Chapter I, Article 15 of the Banking Code of 1943 to
read, in part, as follows:
“The State Banking Board shall consist of three
(3) members, to wit: the Banking Commissioner,
who shall serve as Chairman; the State Treasurer;
and a citizen of this State, who shall represent
the interests of the general public, and who shall
be appointed by the Governor for a term of two
(2) years with the advice and consent of the Senate. ”
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Honorable Robert E. Stewart, page 2 (M-1089)
Section 18 of the above mentioned Senate Bill No. 318 makes the
following provision with respect to reimbursement of citizen members
for their expenses in the performance of their duties as members of
Boards and Commissions:
“Sec. 18. The citizen members replacing the
Attorney General on the Boards and Commissions
amended by this Act shall be reimbursed for
their actual meals, lodging and incidental ex-
penses when performing their duties as members
of their respective Boards at all official meetings
of the Board on the same basis as is provided for
members of the Legislature serving on Boards,
Councils, Committees or Commissions, provided,
however, that the travel expenses herein provided
shall not be paid but for fifteen (15) meetings of
such Boards per year. Each member shall make
out under oath an itemized statement of the number
of days engaged in attending official meetings of the
Board and the amount of expenses when presenting
same for payment. ” (Emphasis added)
The basis of expense reimbursement provided for members of the
Legislature serving on Boards, Councils, Committees or Commissions
referred to above was set out in Section 16 d, Exceptions to the Per
Diem and Travel Allowances in the then current Appropriation Bill and
was re-enacted by the 62nd Legislature as Section 15 c, Exceptions to
Per Diem and Travel Allowance, to the now current Appropriation Bill
and reads as follows:
“c. Members of the Legislature who serve on
any board, council, committee or commission
shall receive actual expenses for meals, lodging,
and incidental expenses when traveling on official
business inside and outside the State. Claims
for reimbursements of such expenses shall be
presented on forms prescribed by the Comptroller.
“When traveling on official business inside the
State, such members of the Legislature shall be
reimbursed for mileage on the same basis as
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,
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Honorable Robert E. Stewart, page 3. (M-1089)
is provided in this Act for other State officials
and employees; and it is further provided that
the same mileage rates shall apply to necessary
travel to points within the State other than the
seat of government. For necessary travel on
official business outside the State, such members
of the Legislature shall be reimbursed for the
actual cost of commercial transportation except
that such cost shall not include Federal taxes
from which such officials are exempt, or at the
same mileage rate as prescribed above in this
paragraph where a personally owned automobile
or airplane is used for such travel. ”
The claim forms provided by the Comptroller’s Office do not
provide for compensation for services but are limited to actual ex-
penses incurred. The authority to pay such actual expenses for
travel, etc. of the citizen member, while engaged in the official
performance of duty under law, is a reasonable and necessary
incident to committee service and such expenses are distinguishable
in law from salary or compensation. Attorney General Opinion
No. C-528 (1965).
It is the opinion of this office that the citizen member of the
Banking Board can only receive actual expenses for meals; lodging,
and expenses when traveling on official business of the Banking Board
and may not be compensated for services rendered to the Board, there
being no statutory provision for the payment of compensation for such
member’s services to the Board. See Attorney General Opinion No.
C-127 (1963). Since the first part of your question is answered in the
negative, the related question as to the source and amount of any such
compensation is not answered.
SUMMARY
The citizen member of the State Banking Board
may not be compensated for services rendered by
him to the Board but may be compensated for
actual expenses for travel, meals, and lodging,
etc.
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Honorable Robert E. Stewart, page 4 (M-10.89)
Prepared by James Hackney
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jim Swear ingen
S. J. Aronson
Roland Allen
R. D. Green
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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