Untitled Texas Attorney General Opinion

THEA~ORNEY GENERAL OFTEXA~ AUEIT~N~ 11. TEXASI September 27, 1957 Honorable Robert S. Calvert, Comptroller of Public Accounts, Capitol Station, Austin, Texas Opinion No. Wbi-264 Ret Can funds appropriated for contingent expenses of the Legislature be expended for janitorial salaries and supplies, and other expenses necessary to con- trol and maintain the Leg- islative halls, chambers and committee rooms of the State Capitol Building during the recess of the Legislature, and related Dear Mr. Calvert: questions. Your request of September 10, 1957 for an opinion from this office is as follows: "1. Can funds appropriated for contingent expenses of the Legislature be expended for janitorial salaries and supplies, and other expenses necessary to control and maintain the Legislative halls, chambers and committee rooms of the State Capitol Building during the recess of the Legislature? "2. During the interim between Legislative Sessions, can funds appropriated for contingent expenses of the Legislature be expended to pre- pare the Legislative halls, chambers and committee rooms of the State Capitol Building for the ‘use of the Legislature? "3. Does Article 667, Vernon's Civil Statutes, preclude the Legislature from expending funds from the Legislative Contingent Expense Fund during the interim between Legislative sessions for janitorial salaries and supplies and other expenses necessary to control and maintain the Legislative halls, chambers and committee rooms of the State Capitol Building? . . - - Honorable Robert S. Calvert, page 2 (W-264). “4. Does Article 667, Vernon's Civil Statutes, preclude the Legislature from expending funds from the Legislative Contingent Expense Fund during the interim between Legislative sessions to prepare the Legislative halls, chambers 'and' committee rooms of the State Capitol Building for the use of the Legis- lature?" The Contingent Expense Fund is provided,for in Senate Bill 1, Acts 55th Legislature, Regular Session, Chapter 1, page 1; the pertinent sections in regard to your inquiry read as follows: "Section 1. There is hereby appropriated out of any funds in the State Treasury not other- wise appropriated, the sum of Two Million, Three Hundred Thousand ($2,300,000.) Dollars or so much thereof as may be necessary, to pay the contingent expenses and to pay the mlleage and per diem of members and the per diem of officers and employees of the Regular Session of the 55th Legislature, and to pay any unpaid accounts of the 54th Legislature, and to pay any unpaid accounts or additional expenses of the Lieutenant Governor while acting as Governor; and to pay the expenses of moving out of space needed by the 55th Legislature in the State Capitol Build- ing any State departments or agencies now occupy- ing same, and of any rentalsfor temporary offices of equipment and utilities therefor, which may be needed by such removed State department or agencies. "Sec. 2. The certificate oftthe Chief Clerk of the House of Representatives approved by the Speaker thereof, or the certificate of the Secre- tary of the Senate approved byethe,Presldent of the Senate, shall be sufficient evidence to the Comptroller upon which to audit the claims for mileage and per diem of members,,and the salaries and per diem of officers and employees of the 55th Legislature, and the unpaid ac~countsor additional expenses of the Lieutenant Governor while acting as Governor; and the Comptrqller shall issue the necessary warrants forsame upon the Treasury of the State of Texas. Honorable Robert S. Calvert, Pag,e3 (W264). "Sec. 3. The Certiflcate'of the Chairman of the Committee on Contingent Expenses of the House of Representatives, approved~by the Speaker of the House, or the certificate of the Chairman of the Committee on Contingent Expenses of the Senate, approved by the President of the Senate, as the case may be, shall be sufficient authority to the Comptroller to issue warrants upon the State of Texas for the payment of accounts for contingent exoenses of either House, and for the payments or reimbursements of expenses necessitated by relocating State departments or agencies from space in the Capitol Building needed by the 55th Legislature." The Legislature has regularly enacted a law making an appropriation for its contingent expenses; indeed, the 54th Legislature enacted two laws appropriating money for Its Con- tingent Expenses which are identical laws, for our purposes here, as the present Senate Bill No. 1. Under the laws so en- acted by the 54th Legislature, Acts 54th Legislature, 1955, S.B. No. 1, ch. 1, p. 1, and House Bill 967, Chapter 405, page 1096, the salaries of officers and employees who were retained during the interim between the 54th and 55th Legislatures were paid out of the Contingent Expense Fund. Subsequent to S.B. No. 1, Acts 55th Legislature, Regu- lar Session, Ch. 1, p. 1, each House of the Legislature enacted a Resolution clarifying,same and stating several payments that are to be made out of the Contingent Expense Fund. These Reso- lutions, and parts thereof, are as follows: Senate Resolution 596, Senate Journal, May 23, 1957, page 1624: "The Chairman of the Senate Committee on Contingent Expenses is h~ereby- authorized and directed to cause the Senate Chamber to be placed in order and . . . He shall also examine records and accounts . . . , and he shall be entitled to receive h1s actual and necessary expenses incurred while in the performance of such duties during the interim. n . . . 0 ,.a11 salaries hereinauthorized to be in&red and paid for shall be paid out of - . - . Honorable Robert S. Calvert, Page 4 (W-264). the per diem and contingent expense fund of the Fifty-fifth Legislature, . . . All war- rants for the payment of materials, supplies and expenses of the Senate shall be paid upon warrants signed by the Lieutenant Governor and Chairman of the Senate Committee on Contingent Expenses; . . . 11 . . . the Lieutenant Governor and the Chairman of the Senate Committee on Contingent Expense shall have authority to employ such additional personnel as may from time to time be required and to purchase such supplies and to make all such repairs and improvements as are necessary between the adjournment of this session and the convening of the next session of the Legislature; . . .I' House Simple Resolution 479, House Journal, May 17, 1957, page 3144: f, . . . the House Rules Committee of the House be hereby authorized to assign these officers and employees . . . to restore the furnishings and equipment of'the House to good condition; . . , 91 . . . the Rules Committee of the House is hereby autho.rizedand empowered ~0 name such interim employees as in their judgment they deem necessary to carry on any interim business of the House which may arise, . . . and to keep in a clean and orderly condition the Hall of .theHouse of Representatives, the Committee Rooms on the first, second and third floors, and the Speaker's Office and Apartment, . . . II . . . each officer or employee retained under authority of this resolution shall receive the salary . . . , to be paid out of any sum appropriated for the Contingent Expenses Fund of the Regular Session of the Fifty-fifth Legis- lature, the amount to be paid by vouchers or warrants to be signed by the Speaker of the House and the Chairman or Vice-Chairman of the Committee on Contingent Expenses; . . .' Honorable Robert S. Calvert, page 5 (W-264). The courts have long recognized the right of the Legislature to express its will by resolutions. ;, 1 S.W. 24 (Civ. App. 1913, error ref.),the court stated: (1 . . . While there is a marked distinction between a law and a resolution, y et our Consti- tution clearly recognizes the right of the Legis- lature to express itswill by resolutions, and in the passage thereof the same,rules,,provisions, and limitations shall apply thereto, except as to the caption and enacting clause. "The chief distinction between~a resolution and a law seems to be that the former is used whenever the legislative body passing it wishes to merely express an opinion as to some given matter or thing, and is only to have a temporary effect onsuch particular thing; while by the latter it is intended to permanently direct and control matters atplying to persons or things in general. . . . When the Legislature directs by resolution that some particular thing be accomplished, thoseso affected by the reso- lution are bound to honor same as if the resolution were in fact a statute. It is our opinion that S.R. 596 and H.S.R. 479, supra, in the plain and unambiguous language contained therein, evi- dence the clear intent of the 55th Legislature that janitorial salaries and supplies, and other expenses necessary to control and maintain legislative halls, chambers and committee rooms of tne State Capitol building during the recess of the Legis- lature, and the monies which must necessarily be expended in order to prepare said quarters for the use of the Legislature are to be paid out of the Contingent Expense Fund created by S.B. No. 1, supra. The Supreme Court, in Terre11 v. King, 118 Tex. 237, 14 S.W. 2d ‘786,792 (1929), said: "It is manifest that certain expenditures must be made by the state,,in the way of legis- lative expenses, or the grant of legislative power could never be effectually exercised. No one would question legislative disbursements ?%r comfortable assembly halls and committee rooms, . . .' (Emphasis added) Honorable Robert S. Calvert, Page 6 (WW264). This department, in Attorney General's Opinion O-3778 (19&l), stated: I, Legislative expense is that Incident to the'wA&ngs of the Legislature as an actual law-making body, as a whole, as the Legislature itself; when in session; through a special com- mittee delegated by the Legislature while in session to work on a legislative matter while in session; through personnel employed to close matters wafter adjournment; or through employees maintained between sessions for the care of the legislative halls; or for maintenance of a cen- tral office or clearing house for legislative matters between sessions. These expenses are for the mutual benefit of all members - for the Legislature itself." (Emphasis added) In Opinion O-3778 (1941) it was held that "legis- lative" expenses, as distinguished therein from "personal" expenses, were legitimate expenses and payable out of the Contingent Expense Fund. This office has, upon several occa- sions, held that "legislative" expenses are properly payable out of the Contingent Expense Fund. Attorney General's Opinions No. MS-43 (19531,WW-131 (19571,~~-148 (1957) and W-177 (1957). Accordingly, you are advised that funds appropriated for contingent expenses of the Legislature can be expended for janitorial salaries and supplies, and other expenses necessary to control and maintainlegislative halls, chambers and com- mittee rooms of the State Capitol building during the recess of the Legislature. You are advised that during the interim between legis- lative sessions, funds appropriated for contingent expenses of the Legislature can be expended to prepare the legislative halls, chambers and committee rooms of the State Capitol building for the use of the Legislature. In answer to question No. 3, it is our opinion that Article 667, Vernon's Civil Statutes, does not preclude the Legislature from expending funds from the Legislative Contin- gent Expense Fund during the interim between legislative ses- sions for janitorial salaries and supplies and other expenses necessary to control and maintain the legislative halls, chambers and committee rooms of the State Capitol building. Honorable Robert S. Calvert, Page 7 (WW-264). You are advised that Article 667, Vernon's Civil Statutes, does not preclude the Legislature from expending funds from the legislative Contingent Expense Fund during the interim between legislative sessions to prepare the legislative halls, chambers and committee rooms of the State Capitol building for the use of the Legislature. SUMMARY Funds appropriated for contingent expenses of the 'Legislaturecan be ex- pended f~orjanitorial salaries and supplies, and other expenses necessary to control and maintain legislative halls, chambers and committee rooms of the State Capitol Building, to prepare the legislative halls, chambers and committee rooms of the State Capitol Building for the use of the Legislature, during the interim between legislative sessions; Arti.cle667,v.c.s.,does not .preclude the Legislature from expending funds from the Contingent Expense Fund for such purposes. Yours very truly, WILL WILSON Attorney General of Texas Assistant MRT:zt:pf APPROVED: OPINION COMMITTEE By: Geo. P. Blackburn, Chairman Ralph R. Rash Wm. R. Hemphill Lonny F. Zwiener REVIEWED FOR THE ATTORNEY GENERAL By: James N. Ludlum