Untitled Texas Attorney General Opinion

my 12, 1970 Hon. Martin Dies, Jr. Opinion No. M-629 Secretary of State Capitol Building Res Authority to pay compensation Austin, Texas 78711 to precinct committeemenof the polltical.partyand com- pensation for their attendance at meetings of th8 county ex- Dear Sir: ecutlve committee.,, Your request for an opinion In the above subject matter asks the following question: “I respectfullyrecpaestyour opinion on whether the precinct committeemen(precinct chairmen) of a p<lcal party which holds primary electionsmay lawfully be paid from the primary fund (assessmentsand filing fees of candfdates)any compensationor reimburse- ment for expenses for their attendance at meetings of the county executive committee at which busfness relating to the coRduct of the primary elections Is transacted. An officer may not claim or receive any money without a law authorizinghim to do so and clearly fixing the amount to which he Is entitled. State v. Moore, 57 Tex. 307 (1882); McLennan County ~;~~~~es~ 1~~4T~~~~3~~; t:972~r,4~4~~!1~~~! ads §162, P. 20ke In Attorney General’s Opinion 0~7282 (1946), It was held that members of the county executive committee were not allowed any fees fotiattending a meeting of said committee. In Kaufman v0 Parker, 99 S.W.2d 1074 (Tex.Cfv.App.1936), the court hela th t the assessmentsand fflfng fees paid by candl- dates under the a:thorl.tyof Artfcle 3108, Vernon’s Civil Statutes, (now Article 13.08 of the Election Code) constftutestrust funds and are to be disbursed only‘as provided by statute, stating: -3011- Hon. Martin Dies, Jr., Page 2 (M-629) "The money when collected and placed In the hands of the appellants (the committee)became a trust fund, and could only be disbursed and paid out as provided by statute; certainly It could not be soent br the chairman of the ex-. ecutlve commfttee, these appellants (the com- mittee), for salaries and services performed by the chairman, nor could It be spent for un- necessary expenses, but must be spent for pur- poses Intended by the statute, and under the provisions of the statute authorizing such ex- penditures." (Emphasisadded.) See also Small v. Parker> 119 S.W.2d 609 (Tex.Clv.App.1938, error dlsm.) and Stevenson v. Sherman, 231 s.w.2d 506 (Tex.Clv. App. 1950, error ref.). We have found no provision In the Texas Election Code for paying precinct chairmen any compensationor reimbursementof expenses for attending meetlngs of the county executive committee. In view of the foregoing authorltfes,you are advised that In the absence of statutory provisions authorizingsuch payment and prescrfbfngthe amount to be paid, precinct committeemenof county executive committeesmay not be pald any compensationand may not receive any reimbursementof expenses for attendfng meetings of the county executive conunfttee. SUMMARY Precinct committeemenof county executive committeesare entitled to nelther compensation nor reimbursementof expenses for attending meet- ings of the county executive committee. V94 truly y0yi3~ Prepared by John Reeves and William J. Craig Assistant Attorneys General APPROVED: OPINION COMMITTEE Kerns Taylor, Chafrman W. E. Allen, Acting Co-Chafrman -3012- Hon. Martin Dles, Jr., page 3 (M-629) James Quick Alan Minter Sarah E. Phillips Jerry Roberts HEADE F. GRIFFIN Staff Legal Assistant .' ALFRED WALKER ' Executive Asslqtant NOLA WRITE First Assistant -3013-