r .
2383 ~TORNE~' GENERAL
OF-XAS
AUSTHN. TEXAS 78711
April 14, 1972
Honorable Bob Bullock Opinion No. M-1117
Secretary of State
State Capitol Building Re: Compensation of members of
Austin, Texas 78711 the county executive committee
and/or primary committee and
for the performance of duties
Dear Mr. Bullock: in conducting primary elections.
your request for an opinion on the above subject matter
reads as follows:
"1. Are the members of the county executive
committee and/or primary committee, other than the
county chairman, entitled to compensation in the
form of a set fee or to reimbursement for expenses
incurred in connection with these statutory meet-
ings?
"2 . If such committee members are entitled to
compensation and/or reimbursement, at what rate
should this be computed?
"3 . If compensation and/or reimbursement is
allowed, must this amount be paid from state funds
pursuant to Senate Bill l?"
Senate Bill 1, Acts 62nd Legislature, Second Called
Session 1972, is a comprehensive act relating to the conduct
and financing of primary elections for the year 1972. Section
1 states the purpose of the Act as follows:
"Section 1. PURPOSE. The invalidation by
federal court decisions of the statutory method of
financing primary elections in this State necessi-
tates legislative action to provide a solution to
the impasse facing political parties which cast
more than 200,000 votes for Governor in the last
preceding general election, in that the existing
law requires that their nominations for the general
election be made in primary elections but they are
left without adequate means to finance the primaries.
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Hon. Bob Bullock, page 2 (M-1117)
The purpose of this Act is to provide a temporary
solution to the impasse by enacting provisions
relating to the conduct and financing of primary
elections for the year 1972."
In view of the foregoing provisions, it is our opinion
that Senate Bill 1 controls the financing of primary elections
for the year 1972 including all costs of the primary elections.
Subdivision (5) of Section 2 provides:
"(5) The total combined compensation paid to the
county chairman and the secretary of the county execu-
tive committee (where the committee has named a secre-
tary) and to any office personnel employed to assist
in the performance of the duties placed upon the
chairman, the secretary, and the members of the county
executive committee shall not exceed five percent of
the amount actually spent in holding the primary
elections for the year, exclusive of the compensa-
tion paid to these officers and employees."
It is noted that compensation is allowed to be paid
the county chairman, the secretary of the county executive com-
mittee, and office personnel employed to assist in the perform-
ance of the duties placed on the chairman, the secretary, and
the members of the executive committee. We do not find any
provision in Senate Bill 1 authorizing any other compensation
or expenses of the committee. In Attorney General's Opinion
M-629, dated May 12, 1970, it was held:
"We have found no provision in the Texas
Election Code for paying precinct chairmen any
compensation or reimbursement of expenses for
attending meetings of the county executive com-
mittee. In view of the foregoing authorities,
you are advised that in the absence of statutory
provisions authorizing such payment and prescrib-
ing the amount to be paid, precinct committeemen
of county executive committees may not be paid any
compensation and may not receive any reimbursement
of expenses for attending meetings of the county
executive committee."
Since the Legislature enacted Senate Bill 1 without
making any provision for the payment of compensation or reim-
bursement of expenses for attending meetings of the committee,
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. .
.
.
Hon. Bob Bullock, page 3 (M-1117)
the same construction should be given to Senate Bill 1. YOU
are therefore advised that members of the county executive
committee and/or primary committee are entitled to neither
compensation nor reimbursement of expenses for attending meet-
ings of the county executive committee and/or primary committee.
In view of our answer to Question No. 1, it is un-
necessary to answer Questions Nos. 2 and 3 of your request
(which has been confirmed by your office).
SUMMARY
Members of the county executive committee
and/or primary committee are entitled to neither
compensation nor reimbursement of expenses for
attending meetings of the county executive com-
mittee and/or primary committee.
Verypiplly yours,
&J4*
C WF DC.l&RTN
AttorAey General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bill Campbell
J. C. Davis
Bob Lattimore
Harriet Burke
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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Untitled Texas Attorney General Opinion
Combined Opinion