Honorable Charles L. Ballman, Chairman
House General Investigating Committee
Austin, Texas
Opinion No. W-1476
Re: Term of office of Members off
the House of 'Representatives,
Dear Mr. Ballman: and related questions.
Your request for an opinion on the above subject matter
asks the following questions:
"1. What is the earliest date a newly
elected member of the 58th Legislature can
qualify for office by taking the oath pre-
scribed by the Constitution?
"2 Does the annual salary of a member
of the ieglslature commence on the date he
takes the oath of office? If not, on what
date can such salary legally be commenced?
“3. Gn what date does the salary end
for a member of the 57th Legislature who will
not be a member of the 58th Legislature?
“4 . Is your answer to question number 3
affected any way by the fact that the 58th
Legislature was elected under the new Re-
apportionment statute and the Individual dls-
trlcts are not necessarily the same JS those
for the 57th Legislature?
“5. What Is the status of a member of
the 57th Legislature after November, 1962,
whose district was officially abolished by
the 1961 Re-apportionment Act? Does he con-
tinue to hold office until January or does he
cease to be a member when the election re-
sults are certified by the Secretary of State?
Hon. Charles L. Ballman, page 2 (WW-1476)
“6. During the period from November,
1962, to January, 1963, should the salary
of members of the Legislature continue to be
paid on a monthly basis? If not, on what
basis should it be paid? Does your answer
apply both to members of the 57th who will
not be members of the 58th,,as well asto mem-
bers of the 58th who were notmembers, of the
57th?
“7. With re,spect,.toInterim committees,
when does a member of the 57th Le islature
,who will,not be a member of the 5%th Legis-
,lature.cease~to be eligible to serve on an
interim committee? ,,
“8. In view of the provisions of the. ~.
Legislative Reorganization Act.specifically
prescribing the terms of members of the Gene-
ral Investigating Committee, is their author-
ity to continue serving on this committee,any
different from the members.serving on other
interim committees who are affected by yours
answer to question number 7?”
In addition to the foregoing questions; you have supple-
mented your request with the following Information,and ques-
tions:
"Supplementary to our previous letter
on the above subject L"pkrmsof members of the
Legislature we,need advice concerning the
status of -i:
t e office of Speaker of the House
of Representatives during the interim period
between'November 1962 and January 1963. .'
"As you probably know the present Speaker,
Mr. James A.~Thurman,did not seek.re-election
to the House of Representatives, In the Re-
aowortionment Act his old district, No. 24, com-
posed of Fannin County, .is now a new district,
No. 24, composed of Fannin and,>HuntCounties.
II . . .~ .;
"1. Does Mr. 'Turmtincontinue to be a mem-
ber of the House-.ofRepresentatives until,his
successor for the district takes his oath of
Hon. Charles L. Rallman, Page 3 (WW-1476)
office as a member of the 58th Legislature?
If not, when does Mr. Turman cease to be a
member of the 57th Legislature?
“2. If you hold that Mr. Turman ceases
to be a member of the 57th Legislature on a
date prior to January, 1963, can he continue
to perform the administrative duties of Speaker
of the House until the new Speaker is selected?”
Section 4 of Article III of the Constitution of Texas pro-
vides:
“Sec. 4. The members of the House of
Representatives shall be chosen by the quall-
fled electors, and their term of office shall
be two years from the day of their election.”
In construing the above quoted provisions, It was pointed
out in Attorney General’s Opinion w-963 (1960):
ions 6I~8WB”~l~~~~,‘~-?A~~‘~:~89~~~~:;~8~:~;4
found in ‘Reports and Opinions of the Attorney’
General,’ 1914-16, age 505), that the pro-
visions of Section e of Article III and Section
17 of Article XVI, above quoted, are to be con-
strued together and the term of office as a mem-
ber of the Legislature only expires after the
successor has duly quallfled by taking the oath
of office.
“Under the provisions of Section 4 of Artl-
cle III of the Constitution of Texas, the succes-
sor may qualify on the day of his election. Thus,
assuming that the members of your committee are
reelected, they will serve during the term of of-
fice as members of the Legislature until the con-
vening of the 57th Legislature.
II . . .
“It is noted that the provisions of Artl-
cle 542ge govern the term of offloe of the
membership on an interim committee of the Legis-
lature, such as your committee, and in addition to
the provisions of Subdivision b, providing for
Hon. Charles L. Ballmam , ~page 4, (~~1476):~
the termination of,'membershlp:In the,Legis-
lature, Subdivision c also provides that fail-
ure of such member to secure electionto member-
ship in the Legislature for the next succeeding
term fill result in'terminatlon of,the membership
on the committee. Therefore, you.'areadvised that
If any member of your committee Is not reelected,
his membershlp.v~lllcease ,when the canvass of the
returns of the.General Election,reveals that he
has not secured election to membership in the
57th Legislature."
The 57th Legislature amended Article 5429e of Vernon's
Civil Statutes, referred to In Attorney,General's Opinion WW-
963, so as now to provide:
"The membership of any duly appointed
Senator or Representative on the Legislative
Budget Board or on the Lcglslatlve Council, or
on any other Interim~~Committee,,shall, on the
following contingencies, terminate, and the vacan-
cy created thereby shall be immediately filled
by appointment for the unexpired term in the same
manner as other.appolniments to the,Legislative
Budget Board5 the Legislative Council, or the
other Interim Committee, as the case'may be, are
made:
"(a) Resignation of such membership;
"(b) Cessation of membership in the
Legislature for death or any
reason.,"
1Li.s noted that'Subdivision c has beenremoved from
the provisions of Article 5429e~and ,membership onan interim
committee does not now ceaseuntil the.terminationof his mem-
bership in the Legislature ,(oruntil resignation of member-
ship of the committee).
Section 24 of Article III of the Constitution of Texas
provides as follows:
"Sec. 24. Members of'the:Leg$slature shall
receive from the,Public Treasury an.annual sal-
ary of not exceeding Four Thousand and Eight
Hundred Dollars ($4,800) 'per year and,a per diem
Hon. Charles L. Ballman, page 5 (W-1476)
of not exceeding Twelve Dollars ($12) per
day for the first one hundred and twenty
(120) days only of each ReB;UlarSession and
for thirty days (30) of each Special Session
of the Legislature. No Regular Session shall
be of longer duration than one hundred and
forty (140) days.
"In addition to the per diem the Mem-
bers of each House shall be entitled to mile-
age in going to and returning from the seat
of government, which mileage shall not exceed
Two Dollars and Fifty Cents ($2.50) for every
twenty-five miles, the distance to be computed
by the nearest and most direct route of travel,
from a table of distanc,esprepared by the Comp-
troller to each county seat now or hereafter to
be established; no Member to be entitled to mile-
age for any extra Session that may be called with-
in one (1) day after the adjournment of the Regu-
lar or Called Session,"
In construing the provisions of Section 24 of Article
III of the Constitution of Texas, It was held in Attorney
General's Opinion ~~-1046 (1961):
"An answer to your third and fourth ques-
tions depends on the date that an Individual
qualified as a member of the Legislature. In
other words, if an individual member of the 57th
Legislature qualified prior to canvassing of the
returns of the election held on November 8th,
1960, he would be entitled to the compensation
provided in Section 24 of Article III, as amend-
ed, until his successor qualifies for office. On
the other hand, If an individual member did not
qualify until some date subsequent to the canvass-
ing of the returns of the General Election held
on November 8th, 1960, his predecessor in office
would be entitled to the compensation provided for
in Section 24 of Article III of the Constitution
of Texas, as amended, until such time as the suc-
cessor of such individual had qualified.
"You are, therefore, advised in answer to
questions Nos. 3 and 4, a newly elected member
of the Legislature who did not qualify until
_ the convening of the 57th Legislature would not
be entitled to the constitutional salary prior
Hon. Charles L. Ballman, page 6 (10J-1476)
to the date of his qualification, but the
hold-over member whom the newly elected member
succeeded would be entitled to the constitution-
al salary prior ,to the date his successor quali-
fied.
"Summarizing our holding herein you are
advised that members of the Legislature are en-
titled to the constitutional salary, per diem
and expenses provided therein, from the effec-
tive date of the amendment adopted at the elec-
tion held onNovember 8th, 1960 (to-wit: Novem-
ber 25, 1960, the date of the canvassing of the
returns). Newly elected members are entitled to
the constitutional salary when they qualify for
office and may not receive the constitutional
salary for any period of time prior to the date
they qualify for office. Hold-over members are
entitled to the constitutional salary from the
date of the canvassing of the returns of the Gene-
ral Election held on November 8th, 1960. Members
of the Legislature who were not reelected to of-
fice will receive the constitutional salary from
the date of the canvassing of the returns of the
General Election of November'ath, 1960, to the
date that the newly elected member qualifies for
office."
In view of the provisions of Section 4 of ,ArticlcIII
of the Constitution of Texas and the provisions of Article
5429e, Vernon's Civil Statutes, above referred to in Attorney
General's Opinion bfld-963,
your questions are answered as fol-
lows :
1. The earliest date a newly elected Member
of the 58th Legis,laturecan qualify for office
by taking the oath prescribed by the Constitution
is the date of canvassing the returns of the Gene-
ral Election held on November 6th, 1962. Section
4 of Article III of the Constitution of Texas;
Attorney General's Opinions ~~-963 (1960) and Ww-
1046 (1961).
2. The annual salary ofta.Member of the Legis-
lature begins on the date he qualifies for office.
'1960) and W-
Attorney General's Oplniqns 1YPJ-963
,
1046 (1961).
3 and 4. The salary of a Member of the 57th
Legislature who is not reelected ceases on the date
his successor qualifies for office.,Attorney General's
Opinions WW-963 (1960) and ~-1046 (1961).
.
Hon. Charles L. Ballman, page 7 (NW-14761
5. Section 3 of House Bill 349, Acts of
the 57th Legislature, Re ular Session 1961, ch .
256, p. 544 at page 548 7the Redistricting Act 1
provides:
"This Act shall become effective for the
elections, Primary and General, for all Repre-
sentatives, from the places herein specified
and described, to the Fifty-eighth Legislature
and continue In effect thereafter for succeed-
ing Legislatures; provided specifically that
this Act shall not affect the membershjn. per-
sonnel or districts, of the Fifty-seventh Legis-
lature; and provided further, that in case a
vacancy occurs in the office of any Representa-
tive of the Fifty-seventh Legislature by death,
resignation, or otherwise, and a Special Elec-
tion to fill such vacancy becomes necessary,
said election shall be held in the District as
it now exists.'I
In view of the foregoing provisions, a Mem-
ber of the 57th Legislature whose district was
officially abolished by the foregoing Act con-
tinues to hold office until the newly elected
Member from the area now covered by the 1961 Act
qualifies for office.
6. Durln the period from November, 1962,
to January, 19% 3, the salaries of Members of the
Legislature continue to be paid on a monthly
salary basis. Of course, when a newly elected
Member qualifies during this period of time, the
former Member is entitled to the annual salary
until the date his successor qualifies and there-
after the newly elected Member is entitled to the
salary from the date he
In this con-
we call your attention to the provisions
of Section 2 of Article III of the Constitution
of Texas, which provides that the number of Rep-
resentatives in the House of Renresentatives
shall never exceed one hundred and fifty. There-
fore, you are advised there can never be mere
than one hundred and fifty qualified Members of
the House of Representatives at any time.
7. A member of an interim committee of the
57th Legislature ceases to be eligible to serve
.
Hon. Charles L. Ballman, page 8 (w-1476)
on such,lnterim committee on the date of the
cessation of his membership in the Legislature
(the date his successor qualifl.eofor office
as a member of the Legislature).
8. A member of the House General Investi-
gating Committee creasesto be eligible to serve
on such interim committee on the date of the
c,essationof his membership in the Legislature
(the date his successor qualifies for office as
a member of the Legislature).
In answer to your supplemental questions, it is noted that
prior to the enactment of House Bill 3119, Acts of the 57th Legis-
lature, Regular Session 1561, chapter 256 (the Redistricting Act),
the Speaker of the House of Representatives, Mr. James A. Turman,
was elected as Representative of District 24, then cornnosed of
Fannin County. This district in now a new district, No. 24,
composed of Fannin and Hunt Counties. Artic,le195, Vernon's
Civil Statutes, as amended.
In anwer to your supplemental question MO. 1, you are ad-
vised that our answers to questions contained in your original
request are equally applicable to Mr. Tutman's membership in
the House of Representatives. You are , ,therefore, advised that
Mr. Turman continues to be a Member of the House of Representa-
tives until his successor for District No. 24, now comprising
Fannin and Hunt Counties, qualifies for office.
Section 9 of Article III of the Constitution of Texas pro-
vides in part:
"The House of Representatives shall, :Jhen
it first assembles, organize temporarily, and
thereupon proceed to the election of a Speaker
from its own'members; . . .'
In view of the foregoing ?rovSsions, 'TheSpeaker of the
House of Representatives in.order to be eligible to serve as
Speaker of the House of Representatives must,be a member of the
House of Representatives. In vi.ewof the provisions of Section
17 of Article ,WI of the Constitution of Texas, the Speaker con-
tinues to perform the duties of his office until his successor
shall be duly qualified. Therefore, you,are zdvieed in answer
to your second supplemental question that Mr. Tuiliian cnntinuez
to perform the duties of Speaker of the House of Representatives
until a ne?JSpeaker is elected, unless he becomes ineligible to
serve as Speaker prior the'retoby the newly elected Kcmber of
the House of R-prcsentativos from District 24, composed of Tannin
and Hunt Counties, qualifying for office.
Hon. Charles L. Ballman, page,$I (W-1476)
SUMMARY
A newly elected Member of the Legislature may
qualify for office and be entitled to the compen-
sation provided in Section 24 of Article~III of
the Constitution of Texas from the date of his
qualification for office as a Member of the Legls-
lature. A newly elected member may qualify on
the date of the canvassing of the returns of the
General Election held on November 6th, 1962.'
Members of the 57th Legislature who are not re-
elected cease to be eligible to serve on commit-
tees of the Legislature on the date that their
successors qualify, and the earliest date on
?ihichthey may qualify is November 23, after the
Secretary of State has canvassed the returns of
the General Election in the presence of the Gover-
nor and the Attorney General in accordance with
the provisions of Article 8.38 of Vernon's An-
notated Election Code.
The present Speaker of the House of Representa-
tives continues to serve as Speaker until a neJ;l
Speaker is elected, unless the present Speaker
becomes ineligible by the newly elected Member
of the House of Representatives from District No.
24, composed of Fannin and Hunt Counties, qualify-
ing for office. Attorney General's Opinions
(1960) and ~~-1046 (1961); Section 4 of
\.fw-g63
Article III of the Constitution of Texas.
Yours very truly,
WILL WILSON
Attorney General of Texas
By:I &<* /&,