Untitled Texas Attorney General Opinion

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 -516- ..~~ _~. 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$al o? parklng rpace.’ _... Your reqwat for an opinion la answered by the authorl- tier contained in Attorney Oeneral’a Opinions M-101 (1967) and M-104 (1967) which conaern interim expenses of members of the House of Re reaentatlvea. In Terre11 vfb. Kin&, ,118 Te%. 237, 14 S.W.2d 786 P1929), It was held that a Reaolutlon was an appropriate 8nd oonat~tutlonal method to direct the expenditure (rf a portion of @pproprlation for the expenaaa of members of the Leglalature between aeaalona. In that ceae, the Court upheld a portion of the Reaolu- tion whereby members of 8n 1nterl.m committee would receive certain I .., e%penaea Incurred In the conduct of the commlttee’a duties. The Court stated: “It la manlfeet thit certain expenditures must be made by the state, in the wag of leglala- tlve expenses, or the grant of legislative power could never be effectually exercised. No one would question leglalative dlaburaementa for com- Sortable assembly halls and committee rooms, or Sor clerks, stationery, etc. Within the same cate- gory of legltlmate expenses of the Legislature or of either house comes reimbursement to members for actual expenses reasonably Incurred in order to perform dutled devolving on duly authorized com- mittees of the Legislature, or of either house, -x7- ._ .* . . . Senstor Jack Hightower, page 3 (M-112) when such committee members are called to other points than the capital, or when oalled to the capital othe$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 -518- 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 -520-