THEA~ORNEY GENERAL OFTEXA~

AUEIT~N~ 11. TEXASI

September 27, 

### 1957

Honorable Robert S. Calvert, Comptroller of PublicAccounts, Capitol Station, Austin, Texas OpinionNo. 

### Wbi-264
Ret Can funds appropriated for contingent expenses of the Legislaturebe expended for janitorialsalaries and supplies, and other expensesnecessary to control and maintain the Legislativehalls, chambers and committeerooms of the State Capitol Building during the recess of the Legislature,and related Dear Mr. Calvert: questions.

from this Your request of September 10, 1957 for an opinion

office is as follows:
"1. Can funds appropriated for contingent expenses of the Legislaturebe expended for janitorial salaries and supplies,and other expensesnecessary to control and maintain the Legislativehalls, chambers and committeerooms of the State Capitol Building during the recess of the Legislature?
"2

. During the interim between Legislative Sessions, can funds appropriated for contingent expenses of the Legislaturebe expended to prepare the Legislativehalls, chambers and committee rooms of the State Capitol Building for the ‘use of the Legislature? 

### "3

. Does Article 

### 667,Vernon's Civil Statutes, preclude the Legislature from expending funds from the LegislativeContingent Expense Fund during the interimbetween Legislative sessions for janitorial salaries and supplies and other expensesnecessary to control and maintain the Legislativehalls, chambers and committeerooms of the State Capitol Building?. . - -

Honorable Robert S. Calvert,page 2 (W-264).

“4. Does Article 667, Vernon's Civil Statutes, preclude the Legislature from expending funds from the LegislativeContingent Expense Fund during the interimbetween Legislative sessions to prepare the Legislativehalls, chambers 'and' committee rooms of the State Capitol Building for the use of the Legislature?"
The ContingentExpense Fund is provided,for in Senate Bill 1, Acts 55th Legislature,Regular Session, Chapter 1, page 1; the pertinent sections in regard to your inquiry read as follows: "Section 1. There is hereby appropriated

out of any funds in the State Treasury not otherwise appropriated, the sum of Two Million, Three Hundred Thousand ($2,300,000.)Dollars or so much thereofas may be necessary, topay the contingent expenses and to pay the mlleage and per diem of members and the per diem of officers and employees of the Regular Session of the 55th Legislature,and to pay any unpaid accounts of the 54th Legislature,and to pay any unpaid accounts or additional expenses of the Lieutenant Governorwhile acting as Governor;and to pay the expenses of moving out of space needed by the 55th Legislature in the State Capitol Building any State departmentsor agencies now occupying same, and of any rentalsfor temporary offices of equipment and utilities therefor,which may be neededby such removed State department or agencies.
"Sec. 2. The certificate oftthe Chief Clerk of the House of Representativesapprovedby the Speaker thereof, or the certificateof the Secretary of the Senate approvedbyethe,Presldentof the Senate, shallbe sufficientevidence to the Comptrollerupon which to audit the claims for mileage and per diem of members,, and the salaries and per diem of officers and employees of the 55th Legislature,and theunpaid ac~counts or additional expenses of the Lieutenant Governorwhile acting as Governor; and the Comptrqller shall issue the necessary warrants forsame upon the Treasury of the State of Texas.Honorable Robert S. Calvert, Pag,e 3 (W264).

"Sec. 3. The Certiflcate'of the Chairman of the Committee on Contingent Expenses of the House of Representatives,approved~by the Speaker of the House, or the certificateof the Chairman of the Committee on Contingent Expenses of the Senate, approvedby the Presidentof the Senate, as the case may be, shallbe sufficientauthority to the Comptroller to issuewarrants upon the State of Texas for the payment of accounts for contingent exoenses of either House, and for the payments or reimbursementsof expensesnecessitatedby relocatingState departments or agencies from space in the Capitol Building needed by the 55th Legislature."
The Legislaturehas regularly enacted a law making an appropriationfor its contingent expenses; indeed, the 54th Legislature enacted two laws appropriatingmoney for Its Contingent Expenseswhich are identical laws, for our purposes here, as the present Senate Bill No. 1. Under the laws so enacted by the 54th Legislature,Acts 54th Legislature, 1955, S.B. No. 1, ch. 1, p. 1, and House Bill 967, Chapter 405, page 1096, the salariesof officers and employeeswho were retained during the interim between the 54th and 55th Legislatureswere paid out of the Contingent ExpenseFund.

Subsequent to S.B. No. 1, Acts 55th Legislature,Regular Session, Ch. 1, p. 1, each House of the Legislature enacted a Resolution clarifying,sameand stating severalpayments that are to be made out of the Contingent ExpenseFund. These Resolutions, and parts thereof, are as follows:

page 1624:

Senate Resolution 596, Senate Journal,May 23, 1957,

"The Chairman of the Senate Committee on ContingentExpenses is h~ereby- authorizedand directed to cause the Senate Chamber to be placed in order and

. . . He shall also examine records and accounts

. . . , and he shallbe entitled to receive h1s actual and necessary expenses incurredwhile in the performance of such duties during the interim.

n

. . .

0 ,.a11 salarieshereinauthorized to be in&red and paid for shall be paid out of- . - .

Honorable Robert S. Calvert, Page 4 

### (W-264).

the per diem and contingent expense fund of the Fifty-fifth Legislature,

. . . All warrants for thepayment of materials, supplies and expenses of the Senate shallbe paid upon warrants signedby the Lieutenant Governor and Chairman of the Senate Committee on Contingent Expenses;

. . . 11

. . . the Lieutenant Governor and the Chairman of the Senate Committee on Contingent Expense shallhave authority to employ such additionalpersonnel as may from time to time be required and to purchase such supplies and to make all such repairs and improvementsas are necessary between the adjournment of this sessionand the convening of the next session of the Legislature;

. . .I'
House Simple Resolution 479, House Journal,May 

### 17, 1957,page 3144:

f,

. . . the House Rules Committee of the House be hereby authorized to assign these officers and employees

. . . to restore the furnishings and equipment of'the House to good condition;

. . , 91

. . . the Rules Committee of the House is hereby autho.rized and empowered ~0name such interim employeesas in their judgment they deem necessary to carry on any interim business of the House which may arise,

. . . and to keep in a clean and orderly condition the Hall of .the

House of Representatives, the CommitteeRooms on the first, second and third floors, and the Speaker's Office and Apartment,

. . .II

. . . each officer or employee retained under authority of this resolution shall receive the salary

. . . , to be paid out of any sum appropriated for the ContingentExpenses Fund of the Regular Session of the Fifty-fifth Legislature, the amount to be paid by vouchers or warrants to be signedby the Speaker of the House and the Chairman or Vice-Chairman of the Committee on ContingentExpenses;

. . .'Honorable Robert S. Calvert,page 5 

### (W-264).

The courts have long recognized the right of the Legislature to express its will by resolutions. ;, 1 S.W. 24 (Civ.App. 1913, error ref.),the court stated:

(1

. . .While there is a marked distinction between a law and a resolution,yet our Constitution clearly recognizes the right of the Legislature to express itswill by resolutions,and in the passage thereof the same,rules,,provisions, and limitations shall apply thereto, except as to the caption and enacting clause.
"The chief distinctionbetween~ a resolution and a law seems to be that the former is used whenever the legislativebody passing it wishes tomerely express an opinion as to some given matter or thing, and is only to have a temporary effect onsuch particular thing;while by the latter it is intended to permanentlydirect and controlmatters atplying to persons or things in general.

. . . When the Legislaturedirects by resolution that some particular thingbe accomplished, thoseso affectedby the resolution are bound to honor same as if the resolutionwere in fact a statute.

It is our opinion that S.R. 

### 596and H.S.R. 479, supra, in the plain and unambiguous language contained therein, evidence the clear intent of the 55th Legislature that janitorial salaries and supplies,and other expensesnecessary to control and maintain legislativehalls, chambers and committee rooms of tne State Capitolbuilding during the recess of the Legislature, and the monies which must necessarilybe expended in order to prepare said quarters for theuse of the Legislature are to be paid out of the ContingentExpense Fund createdby S.B. No. 1, supra.

The Supreme Court, in Terre11 v. King, 

### 118Tex. 237, 14 S.W. 2d 

### ‘786,

792 (1929), said:
"It is manifest that certain expenditures must be made by the state,,in theway of legislative expenses, or the grant of legislative power could never be effectually exercised. No one would question legislativedisbursements?%r comfortableassembly halls and committee rooms, . . .' (Emphasis added)Honorable Robert S. Calvert, Page 

### 6 (WW264).

This department, in Attorney General's Opinion 

### O-3778 (19&l), stated:

I, Legislative expense is that Incident to the'wA&ngs of the Legislature as an actual law-makingbody, as a whole, as the Legislature itself;when in session; through a special committee delegatedby the Legislaturewhile in session towork on a legislativematter while in session; throughpersonnel employed to close matterswafteradjournment; or through employees maintainedbetween sessions for the care of the legislativehalls; or for maintenance of a central office or clearinghouse for legislative matters between sessions. These expenses are for the mutual benefit of all members - for the Legislature itself." (Emphasisadded)
In Opinion 

### O-3778 (1941) it was held that "legislative" expenses, as distinguished therein from "personal" expenses,were legitimate expenses and payable out of the ContingentExpense Fund. This office has, upon several occasions,held that "legislative"expenses are properly payable out of the Contingent ExpenseFund. Attorney General's Opinions 

### No.MS-43 (19531,WW-131 (19571,~~-148 (1957)andW-177 (1957).

Accordingly,you are advised that funds appropriated for contingent expenses of the Legislature can be expended for janitorial salariesand supplies,and other expensesnecessary to control and maintainlegislative halls, chambers and committee rooms of the State Capitol building during the recess of the Legislature.

You are advised that during the interimbetween legislative sessions, funds appropriated for contingent expenses of the Legislature can be expended to prepare the legislativehalls, chambers and committee rooms of the State Capitolbuilding for the use of the Legislature.

In answer to question No. 

### 3, it is our opinion that Article 

### 667,Vernon's Civil Statutes,does not preclude the Legislature from expending funds from the Legislative Contingent Expense Fund during the interim between legislative sessions for janitorial salaries and suppliesand other expenses necessary to control and maintain the legislativehalls, chambers and committee rooms of the State Capitol building.Honorable Robert S. Calvert, Page 

### 7 (WW-264).

You are advised that Article 

### 667,Vernon's Civil Statutes,does not preclude the Legislature from expending funds from the legislativeContingentExpense Fund during the interim between legislative sessions to prepare the legislativehalls, chambers and committee rooms of the State Capitol building for the use of the Legislature.
SUMMARY

Funds appropriated for contingent expenses of the 'Legislature can be expended f~orjanitorial salaries and supplies, and other expensesnecessary to control and maintain legislativehalls, chambers and committee rooms of the State Capitol Building, to prepare the legislativehalls, chambers and committee rooms of the State Capitol Building for the use of the Legislature, during the interimbetween legislative sessions;Arti.cle



### 667,v.c.s.,does not .precludethe Legislature from expending funds from the Contingent Expense Fund for such purposes.
Yours very truly,
WILL WILSON Attorney General of Texas

Assistant MRT:zt:pf
APPROVED:
OPINION COMMITTEE By: Geo. P. Blackburn, Chairman Ralph R. Rash Wm. R. Hemphill Lonny F. Zwiener
REVIEWED FOR THE ATTORNEY GENERAL By: James N. Ludlum