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### 2383 ~TORNE~' GENERAL OF-XAS AUSTHN. TEXAS 78711 April14,1972

Honorable Bob Bullock Opinion No. M-1117 Secretary of State State Capitol Building Re: Compensation ofmembers of Austin, Texas 78711 the county executive committee and/or primary committee and for theperformance of duties Dear Mr. Bullock: in conducting primary elections.

your request for an opinion on the above subject matter reads as follows:

"1. Are themembers 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, atwhat rate should this be computed? "3. If compensation and/or reimbursement is allowed, must this amount bepaid 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 theyear 1972. Section 1 states thepurpose of theAct 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 toprovide 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 bemade inprimary elections but they are leftwithout adequate means to finance theprimaries.
-5444-Hon. Bob Bullock, page 2 (M-1117)

Thepurpose of thisAct is toprovide a temporary solution to the impasse by enacting provisions relating to the conduct and financing of primary elections for theyear 1972." Inview of the foregoing provisions, it is our opinion that Senate Bill 1 controls the financing ofprimary elections for theyear 1972 including all costs of theprimary elections.

Subdivision (5)of Section 2provides: "(5)The total combined compensation paid to the county chairman and the secretary of the county executive committee (wherethe committee has named a secretary) and to any office personnel employed to assist in theperformance of the duties placed upon the chairman, the secretary, and themembers of the county executive committee shall not exceed fivepercent of the amount actually spent in holding the primary elections for theyear, exclusive of the compensation paid to these officers and employees." It isnoted that compensation isallowed to bepaid the county chairman, the secretary of the county executive committee, and office personnel employed to assist in theperformance of the duties placed on the chairman, the secretary, and themembers of the executive committee. We do not find any provision in Senate Bill 1authorizing any other compensation or expenses of the committee. InAttorney General's Opinion M-629, dated May 12, 1970, itwas held:

"Wehave found no provision in the Texas Election Code forpaying precinct chairmen any compensation or reimbursement of expenses for attending meetings of the county executive committee. Inview of the foregoing authorities, you are advised that in the absence of statutory provisions authorizing suchpayment and prescribing the amount tobepaid, precinct committeemen of county executive committees may not be paid any compensation andmay not receive any reimbursement of expenses for attending meetings of the county executive committee." Since the Legislature enacted Senate Bill 1without making anyprovision for the payment of compensation or reimbursement of expenses for attending meetings of the committee, -5445-. . .

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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 thatmembers 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.

Inview of our answer toQuestion No. 1, it isunnecessary to answer Questions Nos. 2and 3of your request (whichhas been confirmed byyour office). SUMMARY Members of the county executive committee and/or primary committee are entitled toneither compensation nor reimbursement of expenses for attending meetings of the county executive committee and/or primary committee. Verypiplly yours, 

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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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