THEATTORNEY GENERAL 

OF-TEXAS 

October 11, 1957 

Honorable Robert S. Calvert Opinion No. WW-276 

Comptroller of Public Accounts 

Capitol Station Re: May the money remaining 

Austin, Texas in the appropriation made 

by Senate Bill No. 1 of 

the 55th Legislature, Regular Session, be used to 

pay mileage and per diem 

of members, salaries of 

officers and employees, 

and other contingent expenses of the special 

called session without 

further legislation, and 

Dear Mr. Calvert: related question? 

You have requested an opinion of this office concerning 

the use of the money remaining in the appropriation provided for 

by Senate Bill No.1 of the Regular Session of the 55th Legislature. In your letter you present the following propositions: 

(1) "Will you, therefore, please advise me 

whether the remaining money in the appropriation 

made by Senate Bill No. 1 of the Regular Session 

can be used to pay mileage and per diem of members, 

salaries of officers and employees, and other contingent expenses of the Special Called Se,ssion without further legislation. 

(2) "In the event additional legislation is 

necessary, could the unexpended balance remaining 

in monies approprlated by Senate Bill No. 1 be 

made available for expenditure to pay the mileage 

and per diem of members, salaries of officers and 

employees, and other contingent expenses of the 

Special Called Session by legislation of the First 

Called Session which legislation would not require the certification of this department under 

the provisions of Section @a of Article III of 

the Constitution of Texas?" 

We shall answer your questions in the order presented. 
Honorable Robert S. Calvert, page 2. (’ WW-276) 

Section 1 of Senate Bill No. 1, 

lature, Regular Session, 1957, Chapter 

part, as follows: 

Acts of the 55th Legis1, page 1, provides in 

"Section 1. There is hereby appropriated out 

of any funds in the State Treasury not otherwise 

appropriated, the sum of Two Million, Three Hundred 

Thousand ($2,3OO,OOO) Dollars or so much thereof 

as may be necessary, to pay the contingent expenses 

and to pay the mileage and per diem of members and 

the per diem of officers and employees of the 

Regular Session of the 55th Legislature, . . ." 

The Court in Fergutson v. Maddox, 114 Tex. 93, 263 

S.W. 888 (1924) held: 

"At the end of a legislative session the 

House does not cease to exist. Like the 

House, it Benatg does not cease to-exist at 

the expiration of the legislative session." 

The above language was cited by the Court in Terre11 v. 

King, 118 Tex. 237, 14 S.W.2d 786 (1929) in upholding the power 

of the Comptroller to issue warrants in payment of the compensation and expenses of an interim committee of the 40th Legislature. 

It would therefore seem to be clearly established that 

though the power of the Legislature to enact laws may ':-:se upon 

the adjournment of a particular session of that Legislature, it 

does not follow that the Legislature is divested of such interim 

powers of planning, investigation and house keeping as are neeessary to allow it to carry out its law-making functions when in 

session. Thus, we are of the opinion that ,when Senate Bill No. 

1 of the 55th Legislature, Regular Session, speaks of an appropriation to cover the expenses of the Regular Session of the 

55th Legislature, it is the intent of the Legislature that this 

appropriation should continue beyond the sine - die adjournment of 

the Regular Session of the 55th LegislaSure,insofar as the interim requirements should demand, and within the limits of the 

amount appropriated. 

We, therefore, believe that any unexpended balance of 

this appropriation will continue to exist so long as funds are 

available, and is subject to such use as the Legislature shall 

choose to make of it during the two-year period following the 

effective date of Senate Bill No. 1. Section 6 of Article VIII, 

Constitution of Texas. This position is further substantiated 
Honorable Robert S. Calvert, page 3. @W-276) 

by the fact that we have been informed that your office has 

operated upon a like construction for many years. 

However, we are of the opinion that the appropriation 

provided for in Section 1 of Senate Bill No. 1 of the 55th 

Legislature Is clearly limited to the payment of the contingent expenses and to pay the mileage and per diem of members 

and the per diem of officers and employees of the Regular 

Session of the 55th Legislature, plus such expenses as are 

required in the effective operation of the interim activities 

of the Legislature. 

We must, therefore, advise you that the money remaining in the appropriation made by Senate Bill No. 1 of the Regular Session of the 55th Legislature may not be used to pay 

mileage and per diem of members, salaries of officers and employees, and other contingent expenses of the Special Called 

Session without further legislation. For this reason, we must 

answer your first question in the negative. 

In as much as we are of the opinion that additional legislation will be necessary, we shall answer your second question 

in the manner set forth below. 

We are of the opinion that the 55th Legislature may, upon 

the convening of the First Called Session, amend Senate Bill 

No. 1 of the 55th Legislature, Regular Session, to authorize the 

expenditure of the unexpended balance of monies appropriated by 

Senate Bill No. 1 for the additional purpose of paying the expenses of the First Called Session of the 55th Legisla,ture. 

Furthermore, it would not be necessary for the Comptroller to 

certify as to the availability of these funds in that such action 

on the part of the Legislature amounts to but an authorization 

for the expenditure for additional purposes of monies previously 

appropriated. Attorney General's Opinion No. WW-275 (1957) and 

Attorney General's Opinion No. 0-6193 (1945). We, therefore, 

answer your second question in the affirmative, 

SUMMAIfY 

The money remaining in the appropriation 

made by Senate Bill No. 1 of the Regular 

Session of the 55th Legislature may not 

be used to pay mileage and per diem of 

members, salaries of officers and employees, and other contingent expenses 

of a Special Called Session without 
- :-- 

-. 

Honorable Robert S. Calve&, page 4. (WW-276: 

further legislation, but the Legislature may, upon convening, amend Senate 

Bill No. 1 of the 55th Legislature, 

Regular Session, to authorize the expenditure, for additional purposes, of monies 

previously appropriated. Such amendment 

would not require the certification of 

the Comptroller under the provisions of 

Section @a of Article III of the Constltution of Texas. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

WCR:zt 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

John Reeves 

C. K. Richards 

E. M. DeGeurin 

REVI,~D FOR THE ATTORNEY GENERAL 

BY: C. K. Richards