July 11, 1967 

Hon. Milton J. Schlller, Chairman 

Contingent Expense Committee 

House of Representatives 

Austin, Texas 

Opinion No. M-104 

Re: Telephone charges of 

members of the House 

of Representatives. 

Dear Mr. Schlller: 

Your request for an opinion reads as follows: 

"House Simple Resolution No, 448 by Wayne, 

a copy of which Is attached, was passed during 

the Regular Session of the Sixtieth Legislature. 

'For many years, long distance telephone 

charges have been authorized and paid for from 

the Contingent Fund of the House of Representatives for the Individual Members of the House 

and charged to their respective contingent 

accounts. 

'Pursuant to the provisions contained on 

Page 7 concerning telephone service, an official 

opinion Is respectfully requested as follows: 

'Is It legal for the State of Texas to pay 

for the monthly telephone charges of a business 

telephone, located In the House Member's district, 

to be used for official state business, with such 

charges posted to the Individual Member's contlngent expense account? 

"We will appreciate your official opinion on 

this matter at your earliest convenience." 

In Terre11 vs. King, 118 Tex. 237, 14 S.W.2d 786 (1929), 

It was held that a Resolution was an appropriate and constitutional 

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Hon. Milton J. Schlller, page 2 (M-104) 

method to direct the expenditure of a portion of appropriation for 

the expenses of members of the Legislature between aesslons. In 

that case, the Court upheld a portion of the Resolution whereby 

members of an interim committee would receive certain expenses lncurred In the conduct of the committee’s duties. The Court stated: 

“It Is manifest that certain expenditures 

must be made by the state, In the way of leglslatlve expenses, or the grant of legislative power 

could never be effectually exercised. No one would 

question legislative disbursements for comfortable 

assembly halls and commlttee rooms, or for clerks, 

stationery, etc. Within the same category of 

legitimate expenses of the Leglslature or of either 

house comes reimbursement to members for actual 

expenses reasonably Incurred In order to perform 

duties devolving on duly authorized committees of 

the Legislature, or of either house, when such 

committee members are called to other points than 

the capital, or when called to the capital otherwise than during the sessions of the Legislature.’ 

14 S.W.W 792. 

It Is noted that at the time Terre11 v. King, supra, was 

decided, Section 24 of Article III did not provide for an annual 

salary, but merely a per diem during the time that the Legislature 

was in session, and therefore performance of official duties wag not 

on an annual basis except for such Interim committee work as was 

assigned to Interim committees created by the Legislature. In 1960, 

Section 24 of Article III of the Constitution of Texas was amended 

30 as it now reads as follows: 

“Members of the Legislature shall receive 

from the Public Treasury an annual salary of not 

exceeding Four Thousand, Eight Hundred Dollars 

($4,800) per year and a per diem of not exceeding 

Twelve Dollars ($12 per day for the first one 

hundred and twenty t 120) days only of each Regular 

Session and for thirty (30) days of each Special 

Session of the Legislature. No Regular Session 

shall be of longer duration than one hundred and 

forty (140) days. 

“In addition to the per diem the Members of 

each House shall be entitled to mileage In going 

to and returning from the seat of government, 

which mileage shall not exceed Two Dollars and 

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Hon. Milton J. Schlller, page 3 (M-104 1 

Fifty Cents ($2.50) for every twenty-five (25) 

miles, the distance to be computed by the nearest 

and most direct route of travel, from a table of 

distances prepared by the Comptroller to each 

county seat now or hereafter to be established; no 

Member to be entitled to mileage for any extra 

Session that may be called within one (1) day after 

the adjournment of the Regular or Called Session." 

It Is noted that the foregoing constltutlonal amendment 

now provides In addition to per diem and traveling expenses an 

annual salary for members of the Legislature, thus recognizing that 

official duties of members of the Legislature are performed throughout the year and are not limited to duties performed while the Leglslature Is In session. Therefore, In determining what expense3 are 

allowed to be paid out of the Contingent Expense Appropriation for 

members of the House of Representatives, It Is necessary to examine 

the provisions of House Simple Resolution No. 448 of the Regular 

Session of the 60th Legislature. The provisions of House Simple 

Resolution No. 448 applicable to your question read as follows: 

"RESOLVED, That the Contingent Expense Committee Is hereby authorized and directed to credit 

each Representative an amount as determined by the 

Committee on House Administration not to exceed 

$200 a month during any period the Legislature Is 

not In sesslon. This amount Is authorized to pay 

for the employment of a private secretary and for 

expenditures for stationery, supplies, postage, 

telephone tolls, telegraph tolls, answering service, 

and rental of electric typewriters and transcribing 

equipment. Expenditures authorized hereunder shall 

be paid out of the Legislative Expense Fled of the 

60th Legislature or any other funds appropriated for 

the use of the House of Representatives; . . . 

I, 

. . . 

"RESOLVED, That the Contingent Expense Committee Is hereby authorized to pay for telephone 

service and office supplies ?'or use of tne House 

&ring any period the Legislature 1s not in session, 

same to be paid from the Legislative Expense Fund of 

the 60th Legislature or any other funds appropriated 

for the use of the House of Representatlves on vcuchers 

approved by the chairman of the Contingent Expense Committee and the Speaker and In accordance with regulations governing such expenditures +pprc.ved by the 

Speaker; . . . . (Emphasis added) 

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Hon. Milton J. Schlller, page 4 (M-104) 

In view of the foregoing provlslons, you are advised that 

It Is legal for the State of Texas to pay telephone tolls and telephone services Incurred In the performance of official duties by 

members of the House of Representatives regardless of where the 

telephone Is located. Whether the particular bill for telephone 

service and/or telephone tolls submitted by members of the House 

of Representatives to the Contingent Expense Committee Is Incurred 

In connection with the official duties of members of the House of 

Representatives Is within the determination of the Contingent Expense Committee. 

SUMMARY 

A Resolution Is an appropriate and constitutional 

method to direct expenditure of a portion of appropriation In financing expenses Incurred by members of 

the Legislature In the conduct of their official buslness while the Legislature Is not In session. House 

Simple Resolution No. 448 of the Regular Session of the 

60th Legislature authorizes the payment of telephone 

tolls and telephone service Incurred by members of the 

House of Representatives In connection with their official duties. 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chalrman 

Kerns Taylor, Co-Chairman 

J. H. Broadhurst 

V. F. Taylor 

Neil Wllllams 

Ralph Rash 

STAFF LEGAL ASSISTANT 

A. J. Carubbl, Jr. 

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