Untitled Texas Attorney General Opinion

Honorable Wesley Roberts, Chairman Committee on Saving Taxes House of Representatives Austin, Texas Opinion No. WW-811 Re: whether the members of the Commlttee on Saving Taxes, author- ized by,House Simple Resolution No. 152, 56th Legislature, Regular Session, 1959, are subject to provl- sions of House Bill No. 14, 56th Legislature, Third Called Session, 1959, and related ques- Dear Mr. Roberts: tions. You have requested an opinion on the following questions: "1. Inasmuch as this money has been set aside,prior to the enactment of House Bill No. 14, Fifty-sixth Legis- lature, Third Called Session, are the members of the Committee on Saving Taxes subject to the provisions of House,Bill 14? _' "2. Are the members of the Committee on Saving Taxes subject to the provisions of your Opinion No. ~~-776? "3. what is the in-state mileage reimbursement for necessary and official travel performed by members of the Com- mittee on Saving Taxes? Honorable Wesley Roberts, page 2 (~~-811) “4. Are members of the Committee on Saving Taxes, as authorized by H. S. R. No. 152, limited to $8.00 per day within the boundaries of the State? “5. What is the in-state travel reimbursement, if traveling by public con- veyance, such as air lines, bus lines or railroads?" House Simple Resolution No. 152, referred to in your request, creates a committee of five Members of the House of Representatives to be known as the Committee on Saving Taxes, and provides that such committee shall con- tinue until the convening of the 57th Legislature and, therefore, constitutes an interim committee of the 56th Legislature within the meaning of House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959, Chapter 16, page 395. In Attorney General's Opinion WW-667 (1959) con- struing the provisions of House Simple Resolution No. 152, it was held that its provisions constituted sufficient authorit for the Comptroller to set aside ina separate account $5,000 of the monies appropriated in House Bill No. 1, Acts of the 56th Legislature, Regular Session, 1959, Chapter 1, page 1, to be used only for the purposes set out in House Simple Resolution No. 152. House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959, Chapter 16, page 395, provides that the per diem of the Members of the 56th Legislature serving on interim committees of the 56th Legislature shall be lim- ited to $8 per day within the boundaries of the State, and the rate of mileage is limited to 89!per mile. Attorney General's Opinion w-776 (1960). Therefore, in answer to your questions, you are ad- vised that since the provisions of House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959, consti- tutes the latest enactment of the Legislature, the traveling expenses of Members of the Committee on'Saving Taxes are governed by its provisions. Honorable Wesley Roberts, page 3 (~-811). Answering your questions categorically, (1) the Members of the Committee on Saving Taxes are subject to the provisions of House Bill 14; (2) Members of the Com- mittee on Saving Taxes are subject to the provisions of House Bill 14 as construed by Attorney General's Opinion w-776 (1960); (3) the in-state mileage reimbursement for necessary and official travel performed by Members of the Committee on Saving Taxes is 84 per mile; (4) Members of the Committee on Saving Taxes are limited to a per diem of $8 per day within the boundaries of the State; and (5) in-state travel reimbursement is 84 per mile, whether traveling by public conveyance such as air lines, bus lines or railroads, or traveling by private conveyance, SUMMARY The traveling expenses of Members of the Committee on Saving Taxes of the 56th Legislature, are limited to the per diem of $8 per day and the rate of 84 per mile by the provisions of House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959, Chapter 16, page 395. Yours very truly, WILL WILSON Attorney General of Texas JR:mfh John Reeves Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Phocion S. Park, III Wallace Finfrock Mary Kate Wall REVIWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore