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: OpinionNo, 0-6703 Re: Whether a member of the Joint Legislative Committee createdby Ch. 373, 48th Legislature ceases to be a memberwhen he is no longer a member of ,the Legislature, and another incrdentalquestion.
We beg to acknowledge receipt of your letter requesting an opinionupon the above subject matter’, as follows:

"The followingquestion is directted with reference to Section 1 ofArticle 12 of Chapter 373, Acts of the Regular Session of the 48thTexas Legislature. "This se&ion provides for a Joint Legislative Committee composed of five members of the Senate, appointedby the Presidentof the Senate, and fivemembers of the House ofRepreLien5tativea, appointedby the Speaker of theHouse of Representatives,a majority ofwhich shall constitutea quorum. "RepresentativesFitzgerald, Manning, McCann, Proffer and Callaway were appoln,ted by Speaker2

Daniel from tne House as the Committeeunder the bill for tbe currentbiennium. The first three Representativeswere not returned to the 49th Legislature and tberefore ceased to represent their districts upon the qualifieatlons of their successors, "Thequestion iswhether or not,when these partiea,ceasedto 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 ointedby the President of the Senate, and five (5P 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 itsmembership a chairman, a vice-chairmanand a secretary, shall vote as a unit on all propositionscoming before it for considerationand shallkeep a permanent record of its proceedings. The members of said Committee shall receive no compensation for the aervices performedunder the provisions of thisAct, but each shall receive his actual and necessary expenses incurred in the discharge of his duties as such member oI’ The subsequent sections of the Article --2 to 7 -- define the duties of the Committee, the chief ones being the appointment of a legislativeaccountant, (Sec. 2) and after the close of each fiscal year to consider the report required of the legislativeaccountant, and to make recommendationsbased 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 involvea construction of Section 1 hereinabovequoted.

It is clear,we think, that the Legislature in creating the Joint Legislative Committee intended that the same shouldbe composed of members of the Senate and of the House at all times. It is provided that "themembers of said Committee shall receiveno compensation for the servicesperformedunder the provisions of this Act, but each shall receive his actual and necessary expenses incurred in the discharge of his duties as suchmembera'" This accentuates the thought that the Legialature was Imposingupon its members addit,ional, interim duties in linewith their constitutionalduties, 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 thatwhen a member of this Committee ceases to be a member of the branch of the Legislature fromwhich he was appointed he automatically ceasesHonorable C. Ii.Gilmer, Page 3 0-6703

to be a member of the Committee,whether such situationbe the result of death, resignation, or expirationof 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 thatwhat we have said sufficientlyanswered 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/GroverSellers ATTORNEY GENERAL OF TEXAS Approved Opinion Committeeby a/BwB Chairman