Ol=F!CE OI= THE ATTORNEY GENERAL OF TEXAS . 

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AWWIN 

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honorable J. S. ?kmMcort 

:100utivo Dlroctcr 

$tste %e;;i:rt-,rJ::t ofZubIic hlfsre 

:.u tin, Texas 

Snd FTW?ti.CCtS 

pertmnt or 3u 

the Eouse of 2 

duct the iAVS 

is set but'ln 

investigctors n:1d Eu&Xl'v lsora 

!Jivisloil ara allspd to have bcon 

treating old cgs assistxico epplicriminstin~ betnocn nppllcants; that 

Q be cqm~3rec? t0 SubpdIa XitA3SS0S, 

3n and faotual eviCenc0, 00:22!aAd the 

brinEin& b&ore it of such records of the Cld &a 

Aszistr\noe Comisoiim ac it nay &en f&t and properf nnd thati w.Sd comlCt0?, irt zddltinn to con- 

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ppornble 5. S. Zurohison, pa@ 3 

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tasad and appeared before the Gomittoe butrofuged to an&r 

rertaln questions propounded to hi& The witness after being 

r;rested undcr.a oomittzent issued by the Lieutenant Governor 

a,ed out a writ of habeas corpus whioh was @antQd by a mmber 

cf the Court of CrIminsl Appasls Gnd the case via0 set down for 

:oarlng. It was conte;:Ued by the Relator that ono branch of 

tie legislature had no cuthoritg ~to appoint a oomIttee and au- 

(:orize, it to.oonduot an InvcetIS.atlon for the purpose of ob- 

~~ininS infositaticn and nakIn(i rscomendations and that If such 

;ovcr existed, it oxisted in the Ls&slature as a whole and would 

rake the concurrent aotion of both Rouses, tog&ho? Viith the ap- 

;roval of the Governor, to give life and validity to an InvestItatinS comittee, In holding that either Rouse zaay appoint 

oomfthx%3 to conduct investigations, the Court, through Judge 

Earper, said: 

n* * * Soct~ion 37,.ort. 3,'oP the Constitution provides that 'no bIllsha be considered un1eSS it has first been referred to a comIttea,* eto. 

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Does this mean a comittee appointed byauthority of 

both houses? Since the organization of our govarme& 

each branoh of the Legislature has assmed authority 

to appoint Its om oozmittcee, without the concurring 

action of the othor branch, and our Supre::.s Court in 

the case-of Day Land'& Cattle Coapony, v. State, 68 

Tex. 544, 4 S, 3. (373, hol&s, 'The aaav:er of the do- . 

fendant ellegsd that the act OS IFebruary 25, 1879, was 

never legally passed, In that. the bill~vms not referred 

to a ootittee of eaoh house before it was acted upon, 

The anavior shows that ~tho bill vtaa referred to a committee by the Senate, who rcportod upon it favorsbly 

before the Sonata aotod upon it; but that it won not 

referred to a cormnittee by the Douse of,Represontc,tives 

before that body acted upon it, Ths Constitution providas that 'no bill shall be considered unless it has 

been first referred to a cozimittee ana reported thereon.' 

Conat; art. 3, section 7. This-does not in terms require a bill to be referred to a committee by each 

house before it oan become a levr. The requirensnt 

is that a bill shall be "referred to a co.znittee and 

reported thereon' before It shall be considered. This, 

from the averments of the enswr, was done, and we osn- 

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EosoXable J. s. Uurchison, page +% 

not, under the wording of the Constitution, say 

that nore than this was necesssry.' 

Y&us It Is seen that, when a bill Is referred to a comittee oreated by the Ssnr?te alarm, 

It hm been held a sufficient cozplience with section 37 PP article 3, thus rocoypizin~ the right 

of each branoh of the Legislature to appoint Its 

own co.mlittees; and section 11 of~article 3 semifioallg provides that 'each house nay detertine ; . 

the rules of ifs em Proceedings,' and if the 

Sonata in the exercise of its aiscretion dec.3 it 

esaentisl to aapnirt a comittce to rather informtion and report beoi- reoo.~~~endstIons In rep*ard Tao the 

enactment of lam, wo think it had the povjer and authority. This has been the oonstruotion of our Constitution by all of our Lsgislaturos In the past, the 

oonstruction that the Congress of the United. States 

has given to the power possessed by eaah branch there- I 

4 of, afid the oonstruction of the poWers of eaoh'branch 

of the Legislature In aliiost every state'in tho Union, 

I In the absence of oonstitutional Inhibition; and xe . 

hold that the Senate had the authority and pouer to 

create the aomittee and authorIze,It to gather Information and m&e reaomendntions on all subjects 

upon whIoh the Lcflislature would have the right to 

oneot laws. * * *q: (Underscoring ours} 

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The facts In Terre11 vs. Bin& 118 ‘hex. 237, 14 S. 

'f;* (Zd) 786, show that a tax surveys oomittea w~as oreated by a 

Joint Resolution by the 40th Legislature to colleot Information 

-necessary to the revision of the tax lous of the State. 

' esolution'provided 

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t,hat the members of the ComIttee were to 

e paid Ten ($10.00) Dolltirs per day for aach day they served. 

~PPellce, as a citizen and taxpayer sought to enjoin the C&ptroller frora IssuisC warrants to the comittec msmbws beoausa, 

yes he contended, the Comittee was unconstitutional and void. 

h spsakinf: of the xi&t of each Rouse to appoint i.nvestiCating 

fmmittces, t&e court said: 

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Eonorable J. S. Xurchison, page.5 _' 

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-n* * * fn declaring, in section 11 of article 

3, that 'eaoh house may determine the rules of its 

own proceodings,r the Constitution plslnly delegates 

to each hope the choice cf methods for the nose eavantogeous use of its fur&ions in the exeroise of 

the stz~te's 'legislative povier,' which ?.<r. Cooley 

defines es 'authority under'the Constitution to make 

$a~, and to alter and repoal them;' CoolayCs Con- 

.stitutional Limitations(8th Ed.) p. 163. Favinp. 

such ohoico of methods, oaoh house is fully authorized 

to appoilitmitteas to moire invasticaticns and conduct 'inouirics and cethcr infor-zsticn with rcsnoct to 

the operation of subsis'uin~ ler;-s and the need for their 

improvezjont, alteration or repeal. 

and, 4 Y&eat. 409, 4 L. sd. 579. 

~oCX.Cllooh v. Xaryl!!ot only doss the 

Constitution, in the grant of the rule-making pov;er, 

authorize either house to name such commi.ttces as it 

may deem necessary or proper for purposes oS.investigation and inquiry, when looking; to the disobsrge of 

any logitlmate function or duty of such house, but 

the Constitution 2668 further andmakes oonsideration 

by a oommittce a condition precedent to tho enaotment 

of any law. Sebtion 37, article 3. 

na * * The authority of oath houoe'to use. 

legislative oo.mmittees of inquiry and investigation 

is affirmad in c)o'oloyfs Conutitutionsl Limitation3 

(eth Xd.) at page 275, where the nutho? says: 

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"'6ech ho& must also be ailo:cd to 

proceed in its oiw way in the collection of such 

informetlon as may seem Important to a proper discharge of its functionsand.whensver tt is deeuea 

desirable that witnesses shoulcl be examined, the 

power and authority to do so isvery properly referred to a oozunittee, with any powers short of 

final legislative or judioial action as may seem 

necessary or oxpodicnt in the partioular case.' 

We * * Our oonclusion that the Lofisl.ature 

OX oit!zr house pozs333es authority to order co:+ 

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:,,orable y.‘% t-!urohdson,. page 6 

Tho above oited authorities clearly ostablieh tho 

;o.ior and authority of the f:cuse of Xoprssentctlvcs to oppolnt 

;cz.xfttees tococduct ,inveetit;etiosa e.?d 1n;ulriee into mtters~ 

11th rosgecrt to which 13&3latlon is 002t03pi3toa. ti z?aking 

Its invaati.;3tion, ocn.Por&nf, to the grovisiona of ,Eouzie $iz>le 

S~aolatl.on :Ior 71, such comlttee ~111 be clearly cotins with 

‘dce euthority of Chc State.” The porxr rnatca~~ in the I~OUCO 

i of Bepr~se:~t~tiv~.~ hno, tit our o~tiion, been lc~itlr~tely oxar- 

! tired throu,-h the g,n,diux of Eouse ::lzl;lo &xiolution~No. 71P. .%o- 

: om!ia~ly,, it i3 our o;iuios? t!:at the cmzittee so appointed is, 

llthill t&l MMllil?? Of Seotfon 31, SWiiitV Dill 3’0.~ ,90, 46th legisi:turo, “duly authorized by the State * * * to aako” an InaDeotlon 

Or tba rocozda wntionsd in ycur ODInion re~uoat. 

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The 8bovo coudl.uston :.S not inoOnaiEt8nt or inCOm- 

;:tlble with Attorney @aore Opinion Ho. O-2432;: in Opiaion 

FO. CJ-2432, tbo a_usstioa imd.er 6onaidcr::tlon ViflS ri!d!:sr under 

Aotioa 31 of Se:!ats Bill Xo. 96, 66th :egisl~tu~re, ah explogco 

Of tta Department of i?ubl~!.c ~:~;‘elf~~r& oow1.d be aozrolled to dia01030 tn court, in 0 c,scs J.nvol.vi!:~ Frivato wrtioat my OS the 

f3ota Jr;& l:~form~~t~i~;i~.td $2 c':tm rcc2?~:5 Or applicants 

$, or rocj.plantn of, old. ~ago &%fstanc%r The oDinion is 

crbsrly l&&ted to c-23 ?uestlon pr.x%~tsa there13 and sow 

tat purportj to BGS:YO~ 0 question rs~nrdlsi: tha rl,?kt of Stste 

affioo?a to insyloct old o$e aaai,stailo6 records :LI connection 

rlth t!wir official dutiei. 

Yours very truly