THEATTORNEY GENERAL OF-TEXAS

October 11, 1957

HonorableRobert S. Calvert Opinion No. WW-276 Comptrollerof Public Accounts Capitol Station Re: May themoney remaining Austin, Texas in the appropriationmade 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 sessionwithout further legislation,and Dear Mr. Calvert: related question?

You have requested an opinion of this office concerning the use of themoney remaining in the appropriationprovided for by Senate Bill No.1 of the Regular Session of the 55th Legislature. In your letteryou present the followingpropositions:

(1) "Willyou, therefore,please adviseme whether the remainingmoney 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,ssionwithout further legislation.
(2) "In the event additional legislation is necessary, could the unexpended balance remaining inmonies approprlatedby Senate Bill No. 1 be made available for expenditure to pay the mileage and per diem of members, salariesof officers and employees, and other contingentexpenses of the Special Called Sessionby legislationof the First Called Sessionwhich legislationwould not require the certificationof this departmentunder the provisions of Section @a of Article III of the Constitutionof Texas?" We shall answer your questions in the order presented.HonorableRobert 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 Treasurynot otherwise appropriated, the sum of Two Million, Three Hundred Thousand ($2,3OO,OOO)Dollars or somuch 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 sessionthe 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 languagewas cited by the Court in Terre11 v. King, 118 Tex. 237, 14 S.W.2d 786 (1929) in upholding the power of the Comptrollerto issuewarrants in payment of the compensationand 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 lawsmay ':-:se upon the adjournment of a particular sessionof that Legislature, it does not follow that the Legislature is divested of such interim powers of planning, investigationand house keeping as are neeessary to allow it to carry out its law-making functionswhen in session. Thus,we are of the opinion that ,whenSenateBill 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 continuebeyond the sine die adjournment of - the Regular Session of the 55th LegislaSure,insofar as the interim requirements shoulddemand, and within the limits of the amount appropriated.

We, therefore,believe that any unexpendedbalance of this appropriationwill continue to exist so long as funds are available, and is subjectto suchuse as the Legislature shall choose to make of it during the two-yearperiod following the effective date of Senate Bill No. 1. Section 6 of ArticleVIII, Constitutionof Texas. Thisposition is further substantiatedHonorableRobert S. Calvert,page 3. @W-276)

by the fact that we have been informed that your office has operatedupon a like construction formany 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 appropriationmade by Senate Bill No. 1 of the Regular Session of the 55th Legislaturemay not be used to pay mileage and per diem of members, salariesof officers and employees, and other contingent expenses of the Special Called Sessionwithout 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 legislationwill be necessary,we shall answer your second question in the manner set forthbelow.
We are of the opinion that the 55th Legislaturemay, 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 appropriatedby Senate Bill No. 1 for the additionalpurpose of paying the expenses of the First Called Session of the 55th Legisla,ture. Furthermore, itwould not be necessary for the Comptrollerto certifyas to the availability of these funds in that such action on the part of the Legislatureamounts to but an authorization for the expenditure for additionalpurposes of monies previously appropriated. Attorney General'sOpinion No. WW-275 (1957)and Attorney General'sOpinion 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 Legislaturemay not be used to pay mileage and per diem of members, salariesof officers and employees, and other contingent expenses of a Special Called Sessionwithout- :---.

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

further legislation,but the Legislaturemay, upon convening,amend Senate Bill No. 1 of the 55th Legislature, Regular Session, to authorize the expenditure, for additionalpurposes, of monies previously appropriated. Such amendment would not require the certificationof the Comptrollerunder the provisions of Section @a of Article III of the Constltution of Texas.

Yoursvery 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