July 28, 1967
Senator Jack Hlghtower, Chalrman Opinion No. M- 112
Contingent Expense Committee
The Senate of the State of Texas Re: Interim expenses of mem-
Austin, Texas hers of the Senate, 60th
‘Legislature.
Dear Senator Hightower:
Your request for an opinion reads as follows:
“S. R. 773 adopted by the Senate at the
close of the 60th Legislature authorizes the
Senate Contingent Expense Committee to pay for
‘salaries, stamps, telephone service, office
rent, office equipment and supplies, actual
expenses of members for travel Incurred while
transacting Senate business, and other reason-
able and necessary expense for the use of the
members of the Senate during any period the
Legislature is not In session.’
“As Chairman of the Contingent Expense
Committee of the Senate I have received
several vouchers for approval under the pro-
visions of this resolution. Attached hereto
are then following: a voucher from Senator
Chdrles Wilson asking for personal car mile-
age and a meal; a voucher from Senator Joe
Christie seeking approval and payment of
rental costs for certain office equipment;
and a voucher from Senator Christie asking
for approval and payment of office rental
and parking space rental.
“Before lndicatfng the approval or dls-
approval of the Contingent Expense Committee
of these vouchers I respectfully request your
opinion as to the constitutional validity of
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..~~ _~.
Senator Jack Alghtower, page 2 (M-112) .
5,~ R. 773 and whether or not such vouchers
my be propeflly approved for payment by the
Cmptroller.
The, vou’cher,a reierred to In your request ,me, the ,follow-
lng:
1. ‘Traveling e%lienaea wherein the purpose of the Itravel
Is stated as followa:
“Dlboll to Saratoga, !Faiua, and raturn~ to
confer with cltl2ena of Hardin County oonoqmlng
leglalatlon enacted by the 60th Legislature,
Joined with Justice Douglas and Senator Ralph
‘Yarbrough’ ln appearing before the Big Thicket
A8aoclatlon to dlacuaa needed legla%ation and--
formulate plans for a joint Federal-State pro-
p; p the oreatlon of the Big Thioket Watlonal
.
2. Rental oi’ IBM Model 211 Dictator
Rental of .IBM Model 213 Trmaoriber
3. Qfiioe rental and ren$al o? parklng rpace.’
_...
Your reqwat for an opinion la answered by the authorl-
tier contained in Attorney Oeneral’a Opinions M-101 (1967) and
M-104 (1967) which conaern interim expenses of members of the
House of Re reaentatlvea. In Terre11 vfb. Kin&, ,118 Te%. 237, 14
S.W.2d 786 P1929), It was held that a Reaolutlon was an appropriate
8nd oonat~tutlonal method to direct the expenditure (rf a portion of
@pproprlation for the expenaaa of members of the Leglalature between
aeaalona. In that ceae, the Court upheld a portion of the Reaolu-
tion whereby members of 8n 1nterl.m committee would receive certain
I
.., e%penaea Incurred In the conduct of the commlttee’a duties. The
Court stated:
“It la manlfeet thit certain expenditures
must be made by the state, in the wag of leglala-
tlve expenses, or the grant of legislative power
could never be effectually exercised. No one
would question leglalative dlaburaementa for com-
Sortable assembly halls and committee rooms, or
Sor clerks, stationery, etc. Within the same cate-
gory of legltlmate expenses of the Legislature or
of either house comes reimbursement to members for
actual expenses reasonably Incurred in order to
perform dutled devolving on duly authorized com-
mittees of the Legislature, or of either house,
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._ .* . .
.
Senstor Jack Hightower, page 3 (M-112)
when such committee members are called to other
points than the capital, or when oalled to the
capital othe$wlse than during the aeaslons of the
Legislature. 14 S.W.2d 792.
In view of the decision In Terre11 vs. Ring, supra, and
the fact that Section 24 of Article In P th C titutlon ~of
Texas was amended so as to provide In addOltloE t?ier diem and
traveling expenses an annual salary for members of the Le islature,
It was held in Attorney General’s Opinions M-101 and M-10&:
“It Is noted that the foregoing constitutional
amendment now provides In addition to per diem and
traveling exp~enses an annual salary for members of
the Legislature, thus recognizing that official duties
of members of the Legislature are performed through-
out the year and are not llmlted to dut,iea performed
while the Legislature Is In sesslon. Therefore, In
determining what expensea are allowed to be paid out
of the. Contingent Expenses Appropriation for members
of,the House of Representatives, It is necessary to
examine the provisions of House Simple ResolutIonNo.
448 o$ the Regular Session of the 60th Legislature.
. . ,
’ In Attorney General’s Opinion M-101, It was held that
House Simple Resolution No. 448 authorizes the payment of funds
forrental of electric typewriters and transcribing equipment.
It was held in Attorney General’s Opinion M-104 that House Simple
Resolution No. 448 authorizes the payment of telephone tolls and
telephone service Incurred by the members of the House of Repres-
entatives in connection with their official duties.
In view of t,he foregoing, It is necessary to examine the
provisions oP Senate Resolution 773 to determine what expenses
are allowed to be paid members of the Senate. The provisions of
Senate Resolution 7737applicable to your request read as follows:
“Resolved, !&at in furtherance of the Legis-
lative duties and responslbilltles of the Senate
the Contingent Expense Committee Is hereby authorized
and directed to pay for salaries , stamps, telephone
service, office rent, office equipment and supplies,
actual expenses of members for travel incurred whiie
transacting Senate business, and other reasonable and
necessary expenses for the use of the members of the
Senate during any period the Legislature is not In
seaslon. Expendltures for these services hereby
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i
Senator Jack Hightower, page 4(M-112)
authorized aa an expense of the Senate shall not
be rentrlcted to Austin, but may be Incurred and
relmbureed, with Contingent funds of the Senate to
the Individual Senatorial Dlstrlcte. Such expenses
shall be paid from S. B. No. 15, S. B. No. 628 and
H. B. No. 1, all enacted. by the Regular Session of
the S%xtleth~Legislature, and Ii. B. No. 12 enacted
by the Fifty-ninth Regular Session, or any other
funds appropriated for the use of the Senate on
vouchers approved by the Chairman of the Contingent
Expense Committee and the Lieutenant Governor In
accordance with regulations governing such expendl-
turas; and be It further
*Resolved, That payment for zexpentles for supplies
and equipment, telephone, salaries, stamps, office
rent or any,,other reasonable and necessary expenses
including actual expenses of members for travel ln-
curred while transacting Senate business for any mem-
ber of the Senat,e during any calendar ronth should
not be lnexcess of $1,000. In no instance, however,
shall the Interim expense exceed the monthly amount
times the number of months or parts thereof comprising
the Interim. The Sergeant -at -Arms and tha Secretary
of the Senate are Instructed not to prepare for pay-
ment any exoenses in excess of such amount.” (Em-
phasis added)
In view of the foregoing provisions, you are advlsed that
Senate Resolution 773~ 1s constitutional and valid and the vouchers
attached to your request may be properly approved for payment by
t,he Comptroller upon the approval of the Contingent Expense Com-
mittee.
SU MMARY
Senate Resolution 773 is an appropriate and
constitutional method of directing expenditure of
a portion of an appropriation for financing expenses
incurred by members of the Senate in the conduct of
their oiflalal business while the Leglmlature le not
In session.
v,y$ truly yours,
ney General of Texas
Senator Jack Klghtower, page 5 (M-112)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
Pat Balley
John Duran
Mario Obledo
Ben Harrison
A. J. CARUBBI, JR.
Staff Legal Assistant
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