THEATTORNEY GENERAL 

OF-XAS 

GROVER SELLERS 

-N 

AlTORNEY GENER*L 

Honorable C. H. Gilmer 

Speaker of the House 

House of Representatives 

Forty-ninth Legislature 

Austin, Texas 

Dear Mr. Gilmer: Opinion No, 0-6703 

Re: Whether a member of the Joint 

Legislative Committee created by 

Ch. 373, 48th Legislature ceases 

to be a member when he is no longer a member of ,the Legislature, 

and another incrdental question. 

We beg to acknowledge receipt of your letter requesting an opinion upon the above subject matter’, as follows: 

"The following question is directted with reference to Section 1 of Article 12 of Chapter 373, Acts 

of the Regular Session of the 48th Texas Legislature. 

"This se&ion provides for a Joint Legislative 

Committee composed of five members of the Senate, appointed by the President of the Senate, and five members of the House of RepreLien5tativea, appointed by 

the Speaker of the House of Representatives, a majority of which shall constitute a quorum. 

"Representatives Fitzgerald, Manning, McCann, 

Proffer and Callaway were appoln,ted by Speaker2 Daniel from tne House as the Committee under the bill 

for tbe current biennium. The first three Representatives were not returned to the 49th Legislature 

and tberefore ceased to represent their districts 

upon the qualifieatlons of their successors, 

"The question is whether or not, when these 

partiea,ceased to be members of the House of Representatives, they ceased to belong to,the Commf,ttee 

in question, so as to require the present Speaker of 

the 49th Legislature to fill such vacancfea?" 

Section 1 of Article I2 of House Bill No. 176, Chapter 

373, of the 48th Legislature, Regular Session, is as follows: 
Honorable C. H. Gilmer, page 2 0-6703 

"There is hereby created a Joint Legislative 

Committee composed of five (5) members of the Senate, ap ointed by the President of the Senate, and 

five (5 P members of the House of Representatives 

.ai;a;;zed by the Speaker of the House of Repreaena maJoritg of which shall constitute a 

quorum ior the purpose of discharging any duty lmposed upon said Committee. Said Committee shall 

promptly organize and elect from its membership a 

chairman, a vice-chairman and a secretary, shall 

vote as a unit on all propositions coming before 

it for consideration and shall keep a permanent record of its proceedings. The members of said Committee shall receive no compensation for the aervices performed under the provisions of this Act, 

but each shall receive his actual and necessary expenses incurred in the discharge of his duties as 

such member o I’ 

The subsequent sections of the Article --2 to 7 -- 

define the duties of the Committee, the chief ones being the appointment of a legislative accountant, (Sec. 2) and after the 

close of each fiscal year to consider the report required of 

the legislative accountant, and to make recommendations based 

thereon to the next regular session of the Legislature thereafter; and, further, to study the school laws In order that they 

may be recodified, and to make recommenda,Ciona thereon to the 

next Legislature- (Sec. 5) 

Your questions involve a construction of Section 1 

hereinabove quoted. 

It is clear, we think, that the Legislature in creating the Joint Legislative Committee intended that the same 

should be composed of members of the Senate and of the House 

at all times. It is provided that "the members of said Committee 

shall receive no compensation for the services performed under 

the provisions of this Act, but each shall receive his actual 

and necessary expenses incurred in the discharge of his duties 

as such membera'" This accentuates the thought that the Legialature was Imposing upon its members addit,ional, interim duties 

in line with their constitutional duties, and the further requirements contained in Section 5 that the "Committee is also 

directed to study the school laws in order that said laws may 

be recodified, and make recommendations t,hereon to the next Legislature', likewise emphasize this conclusion. 

From what we have said it follows that when a member 

of this Committee ceases to be a member of the branch of the 

Legislature from which he was appointed he automatically ceases 
Honorable C. Ii. Gilmer, Page 3 0-6703 

to be a member of the Committee, whether such situation be the 

result of death, resignation, or expiration of his term. 

It also follows that when such a vacancy occurs in 

the Committee, it is the duty of the Speaker of the House, or 

the President of the Senate, as the case may be, to make the 

proper appointment to fill the vacancy or vacancies. 

Tm8ting that what we have said sufficiently answered 

your inquiry, we are 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By a/Ocie Speer 

Ocie Speer 

Assistant 

OS-MR-WC 

APPROVED JUL 19, 19% 

a/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee by a/BwB Chairman