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 anopinion reads as follows: "House Simple Resolution No, 448byWayne, a copy of which Is attached, waspassed during the Regular Session of the Sixtieth Legislature. 'For manyyears, long distance telephone charges have been authorized andpaid for from the Contingent Fundof the House of Representatives for the Individual Membersof 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 abusiness 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? "Wewill appreciate your official opinion on this matter at your earliest convenience." In Terre11 vs. King, 118 Tex. 237, 14S.W.2d 786 (1929), It washeld that aResolution was anappropriate and constitutional
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method to direct the expenditure of aportion of appropriation for the expenses of membersof the Legislature between aesslons. In that case, the Court upheld aportion of the Resolution whereby membersof aninterim committee would receive certain expenses lncurred In the conduct of the committee’s duties. TheCourt stated:

“It Is manifest that certain expenditures must be madeby the state, In the wayof leglslatlve expenses, or the grant of legislative power could never be effectually exercised. Noone 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 membersfor actual expenses reasonably Incurred In order to perform duties devolving onduly authorized committees of the Legislature, or of either house, whensuch committee membersare called to other points than the capital, or whencalled to the capital otherwise than during the sessions of the Legislature.’ 14S.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 anannual salary, but merely aper diemduring the time that the Legislature was in session, andtherefore performance of official duties wagnot on anannual 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 wasamended 30 as it nowreads as follows:

“Membersof the Legislature shall receive from the Public Treasury anannual salary of not exceeding Four Thousand, Eight HundredDollars ($4,800) per year andaper diem of not exceeding Twelve Dollars ($12 per day for the first one hundred andtwenty 120) days only of each Regular t Session andfor thirty (30) days of each Special Session of the Legislature. NoRegular Session shall be of longer duration than one hundred and forty (140) days.

“In addition to the per diem the Membersof each House shall be entitled to mileage In going to andreturning from the seat of government, which mileage shall not exceed TwoDollars and
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Fifty Cents ($2.50) for every twenty-five (25) miles, the distance to be computed by the nearest andmost direct route of travel, from atable of distances prepared by the Comptroller to each county seat nowor hereafter to be established; no Memberto be entitled to mileage for anyextra Session that maybe called within one (1) day after the adjournment of the Regular or Called Session." It Is noted that the foregoing constltutlonal amendment nowprovides In addition to per diem andtraveling expenses an annual salary for membersof the Legislature, thus recognizing that official duties of membersof 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 Houseof Representatives, It Is necessary to examine the provisions of HouseSimple 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 anddirected to credit each Representative an amountas determined by the Committee onHouseAdministration not to exceed $200 amonthduring anyperiod the Legislature Is not In sesslon. This amountIs authorized to pay for the employment of a private secretary andfor expenditures for stationery, supplies, postage, telephone tolls, telegraph tolls, answering service, andrental of electric typewriters andtranscribing 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 Houseof 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, sameto be paid from the Legislative Expense Fundof the 60th Legislature or any other funds appropriated for the use of the House of Representatlves onvcuchers approved by the chairman of the Contingent Expense Committee andthe Speaker and In accordance with regulations governing such expenditures +pprc.vedby the Speaker;

. . . . (Emphasis added) -473-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 paytelephone tolls andtelephone services Incurred In the performance of official duties by membersof the House of Representatives regardless of where the telephone Is located. Whether the particular bill for telephone service and/or telephone tolls submitted bymembersof the House of Representatives to the Contingent Expense Committee Is Incurred In connection with the official duties of membersof the House of Representatives Is within the determination of the Contingent Expense Committee. SUMMARY

AResolution Is an appropriate andconstitutional method to direct expenditure of aportion of appropriation In financing expenses Incurred bymembersof 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 andtelephone service Incurred bymembersof the House of Representatives In connection with their official duties.

Prepared byJohnReeves Assistant Attorney General APPROVED: OPINIONCOMMITTEE Hawthorne Phillips, Chalrman Kerns Taylor, Co-Chairman J. H. Broadhurst V. F. Taylor Neil Wllllams Ralph Rash STAFFLEGAL

ASSISTANT A. J. Carubbl, Jr.

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