r . 

2383 ~TORNE~' GENERAL 

OF-XAS 

AUSTHN. TEXAS 78711 

April 14, 1972 

Honorable Bob Bullock Opinion No. M-1117 

Secretary of State 

State Capitol Building Re: Compensation of members of 

Austin, Texas 78711 the county executive committee 

and/or primary committee and 

for the performance of duties 

Dear Mr. Bullock: in conducting primary elections. 

your request for an opinion on the above subject matter 

reads as follows: 

"1. Are the members of the county executive 

committee and/or primary committee, other than the 

county chairman, entitled to compensation in the 

form of a set fee or to reimbursement for expenses 

incurred in connection with these statutory meetings? 

" 2 . If such committee members are entitled to 

compensation and/or reimbursement, at what rate 

should this be computed? 

" 3 . If compensation and/or reimbursement is 

allowed, must this amount be paid from state funds 

pursuant to Senate Bill l?" 

Senate Bill 1, Acts 62nd Legislature, Second Called 

Session 1972, is a comprehensive act relating to the conduct 

and financing of primary elections for the year 1972. Section 

1 states the purpose of the Act as follows: 

"Section 1. PURPOSE. The invalidation by 

federal court decisions of the statutory method of 

financing primary elections in this State necessitates legislative action to provide a solution to 

the impasse facing political parties which cast 

more than 200,000 votes for Governor in the last 

preceding general election, in that the existing 

law requires that their nominations for the general 

election be made in primary elections but they are 

left without adequate means to finance the primaries. 

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Hon. Bob Bullock, page 2 (M-1117) 

The purpose of this Act is to provide a temporary 

solution to the impasse by enacting provisions 

relating to the conduct and financing of primary 

elections for the year 1972." 

In view of the foregoing provisions, it is our opinion 

that Senate Bill 1 controls the financing of primary elections 

for the year 1972 including all costs of the primary elections. 

Subdivision (5) of Section 2 provides: 

"(5) The total combined compensation paid to the 

county chairman and the secretary of the county executive committee (where the committee has named a secretary) and to any office personnel employed to assist 

in the performance of the duties placed upon the 

chairman, the secretary, and the members of the county 

executive committee shall not exceed five percent of 

the amount actually spent in holding the primary 

elections for the year, exclusive of the compensation paid to these officers and employees." 

It is noted that compensation is allowed to be paid 

the county chairman, the secretary of the county executive committee, and office personnel employed to assist in the performance of the duties placed on the chairman, the secretary, and 

the members of the executive committee. We do not find any 

provision in Senate Bill 1 authorizing any other compensation 

or expenses of the committee. In Attorney General's Opinion 

M-629, dated May 12, 1970, it was held: 

"We have found no provision in the Texas 

Election Code for paying precinct chairmen any 

compensation or reimbursement of expenses for 

attending meetings of the county executive committee. In view of the foregoing authorities, 

you are advised that in the absence of statutory 

provisions authorizing such payment and prescribing the amount to be paid, precinct committeemen 

of county executive committees may not be paid any 

compensation and may not receive any reimbursement 

of expenses for attending meetings of the county 

executive committee." 

Since the Legislature enacted Senate Bill 1 without 

making any provision for the payment of compensation or reimbursement of expenses for attending meetings of the committee, 

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. 

. . 

. 

Hon. Bob Bullock, page 3 (M-1117) 

the same construction should be given to Senate Bill 1. YOU 

are therefore advised that members of the county executive 

committee and/or primary committee are entitled to neither 

compensation nor reimbursement of expenses for attending meetings of the county executive committee and/or primary committee. 

In view of our answer to Question No. 1, it is unnecessary to answer Questions Nos. 2 and 3 of your request 

(which has been confirmed by your office). 

SUMMARY 

Members of the county executive committee 

and/or primary committee are entitled to neither 

compensation nor reimbursement of expenses for 

attending meetings of the county executive committee and/or primary committee. 

Verypiplly yours, 

&J4* C WF DC.l&RTN 

AttorAey General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Bill Campbell 

J. C. Davis 

Bob Lattimore 

Harriet Burke 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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