December 15, 1961 

Honorable Franklin Spears 

Chairman, House Committee 

on Ezcheat Laws 

House of Representatives 

Austin, Texas 

Opinion No. NW-1223 

Re: Traveling expenses of 

the Special House Commlttee on Escheat Laws. 

Dear Mr. Spears: 

You have requested our opinion on whether members 

of House Committee on Escheat Laws are entitled to their 

traveling expenses. 

On August 11, 1961, House Simple Resolution No. 

16 was introduced. The resolving clause read as follows: 

"Resolved by the House of Representatives 

of the State of Texas, That an Interim Study 

Committee be appointed by the Speaker of the 

House to make a thorough and complete study of 

the ezcheat laws of this State and property 

which may be subject thereto being held by 

banking institutions under a depositor-creditor 

relationship, for the purpose of recommending 

to the Legislature a fair and equitable procedure by which unknown owners and heirz~may be 

advertised for and discovered, and by which the 

State may detect and obtain any of such property 

which rightfully belongs to the State under prezent ezcheat laws. 

"Such committee shall consist of five members with a chairmanto be appointed by the 

Speaker of the House, and it shall Initiate 

and continue studies and hearings relating to 

such matters with the same authority and powers 

as vested in standing and special committees 

In the House by general law and the Legislative 

Reorganization Act of 1961, Chapter 303, FiftySeventh Regular Session (codified as Article 

5429f 1. 
Honorable Franklin Spears, page 2 (WW-1223) 

"The committee is authorized to call on 

any State agencies for assistance and members 

shall be reimbursed for their actual and necessary expenses Incurred while engaged in the 

work of the committee and while traveling between their places of residence and th 

where meetings of the committee are he?d 

pl aces 

These 

and all other expenses of the committee ihall 

be paid out of the appropriation for mileage 

and per diem and contingent expenses of the 

hfty-Seventh Legislature." House Journal, 

pages 53-54. 

On August 12, 1961, House Simple Resolution No. 

16, as above quoted, was defeated. House Journal, pages 70- 

71. On August 14, 1961, House Simple Resolution No. 16 was 

amended by striking the underlined portion quoted above, and 

as amended, House Simple Resolution No. 16 was adopted. 

House Journal, pages 90-91. 

Section 7, House Bill 289, Acts of the 57th Legizlature, Chapter 303, page 654, known as the Legislative Reorganization Act of 1961 and codified in Vernon's as Article 

5429f, Vernon's Civil Statutes, reads as follows: 

"Each House of the Legislature acting 

individually, or the two Houses acting jointly, 

shall have full power and authority to provide 

for the creation of special committees to perform such functions and to exercise such powers 

and rezponzibilltiez as shall be determined In 

the Resolution creating such committee. During 

the life of a special committee it shall have 

and exercise the zzme powers and authority as 

are herein granted to standing committees, zubject to such llmltatlonz~as may be Imposed In 

the Resolution creating such special committee; 

and shall have such other and additional powers 

and authority as may be delegated'to it by the 

Resolution creating the committee, subject to 

the limitatlonz of law." 

Section 20 of the said Act provides as follows: 

"Members of all committees of either House 

of the Legislature, or the Joint Committees of 

the two Houses, shall be reimbursed for their 

actual and necessary expenses Incurred while 

engaged,in the work of the Committee and while 

traveling between their places of residence and 
Honorable Franklin Spears; page 3 (W-1223) 

the places where meetings of such Committee 

are held. Such reimbursement to members of 

the Committee shall be authorized only when 

the Legislature Is not In session, unless 

otherwise directed by the House of the Legizlature creating such Committee. ~A11 such 

expenses of the Committee and its members 

shall be paid from the appropriation for 

mileage and per diem and the contingent expenses of the Legislature. All such expenses 

shall be approved by the Chairman of the Committee and by the presiding officer of the 

respective House, before payment shall be 

authorized." 

It Is our opinion thatthe committee created by 

House Simple Resolution No. 16 constitutes a special committee within the meaning of Section 7 of House Bill 289, 

Acts of the 57th Legislature, Regular Session, ,1961, Chapter 

303, page 654, with full authority to perform such functions 

and exercise such powers and responzibllltiez as set out In 

the Resolution. Since the committee constitutes a special 

committee within the meaning of Section 7, the expenses ,of 

the committee are governed by the provisions of Section 20 

above quoted. Item 2 of the appropriation to the House of 

Representatives contained in Section Iof Article VI of Senate Bill 1, Acts of the 57th Legislature, First Called SezZion, 1961 (General Appropriation Act) provides: 

"For the Years Ending 

August 31, August 31, 

1962 1963 

"2. Per diem, other 

salaries and wages, 

consumable supplies 

and materials, current and recurring 

operating expenses, 

capital outlay, and 

other.expenseS for 

the House of Representatives during 

the regular session 

of the 58th Legislature 

and for the interim 

expenses of the 57th 

and 58th Legislatures. $310,000 $1,312,000 

& U.B." 
Honorable Franklin Spears, page 4 (WW-1223) 

In view of the foregoing you are advised that the 

committee created by the provisions of House Simple'Rezolution 

No. 16 is entitled to reimbursement for the actual and necessary expenses Incurred while engaged in the work of the committee and while traveling between places of residence and 

places where meetings of such committee are held. You are 

further advised that such expenses are paid from the appropriation contained In Item 2 of the appropriation to the House 

of Representatives contained In Section 1 of Article VI of 

the General Appropriation Act. 

It might be contended that since a portion of House 

Simple Resolution zpeclflcally provides for the payment of 

traveling expenses was deleted from House Simple Resolution 

No. 16 prior to passage shows a leglzlatlve intent that such 

expenses should not be paid. Since House Simple Resolution 

No. 16 could not have the effect of amending Section 20 of 

House Bill 289, Acts of the 57th Legislature, Regular Session, 

1961, the deletion from House Simple Resolution No. 16, above 

noted, cannot affect the payment of traveling expenses to the 

committee. 

SUMMARY 

Pursuant to the provisions of Section 20 of 

House Bill 289, Acts of the 57th Legislature, Regular Session, 1961, Chapter 303, page 654, codlfled In Vernon's as Article 5&29f, Vernon's Civil 

Statutes, the special committee on ezcheat laws 

created by the provlzlonz of House Simple Resolution No. 1.6, is entitled to "their actual and neoezzary expenses incurred while engaged in the work 

of the committee and while traveling between the 

.placez of residence and the places where meetings 

of such committee are held." Such expenses are to 

be paid from the appropriation contained in Item 

2 of the appropriation to the House of Representatives in Section 1 of Article VI of the General 

Appropriation Act. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JR:dhs 
Honorable Franklin Spears, Page 5 (W-1223) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Milton Richardson 

Bill Allen 

Thomas Burrus 

Robert Lewis 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.