Untitled Texas Attorney General Opinion

THEATTORNEY GENERAL OF-TEXAS October 11, 1957 Honorable Robert S. Calvert Opinion No. WW-276 Comptroller of Public Accounts Capitol Station Re: May the money remaining Austin, Texas in the appropriation made by Senate Bill No. 1 of the 55th Legislature, Re- gular Session, be used to pay mileage and per diem of members, salaries of officers and employees, and other contingent ex- penses of the special called session without further legislation, and Dear Mr. Calvert: related question? You have requested an opinion of this office concerning the use of the money remaining in the appropriation provided for by Senate Bill No.1 of the Regular Session of the 55th Legisla- ture. In your letter you present the following propositions: (1) "Will you, therefore, please advise me whether the remaining money in the appropriation made by Senate Bill No. 1 of the Regular Session can be used to pay mileage and per diem of members, salaries of officers and employees, and other con- tingent expenses of the Special Called Se,ssionwith- out further legislation. (2) "In the event additional legislation is necessary, could the unexpended balance remaining in monies approprlated by Senate Bill No. 1 be made available for expenditure to pay the mileage and per diem of members, salaries of officers and employees, and other contingent expenses of the Special Called Session by legislation of the First Called Session which legislation would not re- quire the certification of this department under the provisions of Section @a of Article III of the Constitution of Texas?" We shall answer your questions in the order presented. Honorable Robert S. Calvert, page 2. (’ WW-276) Section 1 of Senate Bill No. 1, Acts of the 55th Legis- lature, Regular Session, 1957, Chapter 1, page 1, provides in part, as follows: "Section 1. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, the sum of Two Million, Three Hundred Thousand ($2,3OO,OOO) Dollars or so much thereof as may be necessary, to pay the contingent expenses and to pay the mileage and per diem of members and the per diem of officers and employees of the Regular Session of the 55th Legislature, . . ." The Court in Fergutsonv. Maddox, 114 Tex. 93, 263 S.W. 888 (1924) held: "At the end of a legislative session the House does not cease to exist. Like the House, it Benatg does not cease to-exist at the expiration of the legislative session." The above language was cited by the Court in Terre11 v. King, 118 Tex. 237, 14 S.W.2d 786 (1929) in upholding the power of the Comptroller to issue warrants in payment of the compen- sation and expenses of an interim committee of the 40th Legis- lature. It would therefore seem to be clearly established that though the power of the Legislature to enact laws may ':-:seupon the adjournment of a particular session of that Legislature, it does not follow that the Legislature is divested of such interim powers of planning, investigation and house keeping as are neees- sary to allow it to carry out its law-making functions when in session. Thus, we are of the opinion that ,when Senate Bill No. 1 of the 55th Legislature, Regular Session, speaks of an appro- priation to cover the expenses of the Regular Session of the 55th Legislature, it is the intent of the Legislature that this appropriation should continue beyond the sine - die adjournment of the Regular Session of the 55th LegislaSure,insofar as the in- terim requirements should demand, and within the limits of the amount appropriated. We, therefore, believe that any unexpended balance of this appropriation will continue to exist so long as funds are available, and is subject to such use as the Legislature shall choose to make of it during the two-year period following the effective date of Senate Bill No. 1. Section 6 of Article VIII, Constitution of Texas. This position is further substantiated Honorable Robert S. Calvert, page 3. @W-276) by the fact that we have been informed that your office has operated upon a like construction for many years. However, we are of the opinion that the appropriation provided for in Section 1 of Senate Bill No. 1 of the 55th Legislature Is clearly limited to the payment of the contin- gent expenses and to pay the mileage and per diem of members and the per diem of officers and employees of the Regular Session of the 55th Legislature, plus such expenses as are required in the effective operation of the interim activities of the Legislature. We must, therefore, advise you that the money remain- ing in the appropriation made by Senate Bill No. 1 of the Regu- lar Session of the 55th Legislature may not be used to pay mileage and per diem of members, salaries of officers and em- ployees, and other contingent expenses of the Special Called Session without further legislation. For this reason, we must answer your first question in the negative. In as much as we are of the opinion that additional legis- lation will be necessary, we shall answer your second question in the manner set forth below. We are of the opinion that the 55th Legislature may, upon the convening of the First Called Session, amend Senate Bill No. 1 of the 55th Legislature, Regular Session, to authorize the expenditure of the unexpended balance of monies appropriated by Senate Bill No. 1 for the additional purpose of paying the ex- penses of the First Called Session of the 55th Legisla,ture. Furthermore, it would not be necessary for the Comptroller to certify as to the availability of these funds in that such action on the part of the Legislature amounts to but an authorization for the expenditure for additional purposes of monies previously appropriated. Attorney General's Opinion No. WW-275 (1957) and Attorney General's Opinion No. 0-6193 (1945). We, therefore, answer your second question in the affirmative, SUMMAIfY The money remaining in the appropriation made by Senate Bill No. 1 of the Regular Session of the 55th Legislature may not be used to pay mileage and per diem of members, salaries of officers and em- ployees, and other contingent expenses of a Special Called Session without - :-- -. Honorable Robert S. Calve&, page 4. (WW-276: further legislation, but the Legisla- ture may, upon convening, amend Senate Bill No. 1 of the 55th Legislature, Regular Session, to authorize the expendi- ture, for additional purposes, of monies previously appropriated. Such amendment would not require the certification of the Comptroller under the provisions of Section @a of Article III of the Constl- tution of Texas. Yours very truly, WILL WILSON Attorney General of Texas WCR:zt APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman John Reeves C. K. Richards E. M. DeGeurin REVI,~D FOR THE ATTORNEY GENERAL BY: C. K. Richards