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 ResolutionNo. 

### 16was introduced. The resolving clause read as follows:

"Resolvedby the House of Representatives of the State of Texas, That an Interim Study Committeebe 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 institutionsunder a depositor-creditor relationship, for the purpose of recommending to the Legislaturea fair and equitableprocedure by which unknown owners and heirz~may be advertised for and discovered, and by which the Statemay detect and obtain any of such property which rightfullybelongs 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 suchmatters with the same authority and powers as vested in standing and special committees In the House by general law and the Legislative ReorganizationAct of 

### 1961,Chapter 

### 303,FiftySeventh Regular Session (codifiedas 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 Incurredwhile engaged in the work of the committee and while travelingbetween their places of residence and th where meetings of the committee are he?d places 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 ResolutionNo. 

### 16, as above quoted,was defeated. House Journal,pages 70- 71. On August 14, 1961, House SimpleResolutionNo. 

### 16 was amended by striking the underlined portion quoted above, and
as amended, House Simple ResolutionNo. 

### 16was adopted. House Journal, pages 90-91.

Section 

### 7, House Bill 289, Acts of the 57th Legizlature, Chapter 303, page 

### 654,known as the LegislativeReorganizationAct of 1961 and codified in Vernon's as Article 5429f,Vernon's Civil Statutes, reads as follows:

"Each House of the Legislatureacting individually,or the two Houses acting jointly, shallhave full power and authority to provide for the creation of special committees to perform such functions and to exercise such powers and rezponzibilltiezas shallbe determined In the Resolution creating such committee. During the life of a special committee it shallhave and exercise the zzmepowers and authority as are herein granted to standing committees, zubject to such llmltatlonz~asmay be Imposed In the Resolution creating such special committee; and shallhave such other and additionalpowers and authority as may be delegated'to it by the Resolution creating the committee, subject to the limitatlonzof law."

Section 20 of the said Act provides as follows:

"Membersof all committees of either House of the Legislature,or the Joint Committees of the two Houses, shallbe reimbursed for their actual and necessary expenses Incurredwhile engaged,in the work of the Committeeand while travelingbetween their places of residence andHonorable Franklin Spears;page 3 (W-1223)

the places where meetings of such Committee
are held. Such reimbursement to members of the Committee shallbe authorized only when the Legislature Is not In session,unless otherwisedirectedby the House of the Legizlature creating such Committee. ~A11such expenses of the Committeeand its members shallbe paid from the appropriation for mileage and per diem and the contingent expenses of the Legislature. All such expenses shallbe approved by the Chairman of the Committee and by the presiding officer of the respective House, before payment shallbe authorized."

It Is our opinion thatthe committee created by House Simple ResolutionNo. 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 suchpowers and responzibllltiezas set out In the Resolution. Since the committee constitutes a special committeewithin 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 ArticleVI of Senate Bill 1, Acts of the 57th Legislature,First Called SezZion, 1961 (GeneralAppropriationAct)provides:

"For the Years Ending August 31, August 31, 1962 1963

"2. Per diem, other salariesand wages, consumable supplies and materials, current and recurring operating expenses, capital outlay, and other.expenseSfor the House of Representativesduring 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 reimbursementfor the actual and necessary expenses Incurredwhile engaged in the work of the committee and while travelingbetween 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 Representativescontained In Section 1 of ArticleVI of the General AppropriationAct.

Itmight be contended that since a portion of House Simple Resolution zpeclflcallyprovides for the payment of traveling expenseswas deleted from House Simple Resolution No. 

### 16prior to passage shows a leglzlatlve intent that such expenses shouldnot 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 ResolutionNo. 

### 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 createdby the provlzlonz of House Simple Resolution No. 

### 1.6,

is entitled to "theiractual and neoezzary expenses incurredwhile engaged in the work of the committeeand while travelingbetween the .placezof residence and the placeswhere 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 ArticleVI of the General AppropriationAct. Very truly yours,
WILL WILSON Attorney General of Texas

JR:dhsHonorable 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.