THEA~ORNEY GENERAL 

OFTEXA~ 

AUEIT~N~ 11. TEXASI 

September 27, 1957 

Honorable Robert S. Calvert, 

Comptroller of Public Accounts, 

Capitol Station, 

Austin, Texas Opinion No. Wbi-264 

Ret Can funds appropriated for 

contingent expenses of the 

Legislature be expended 

for janitorial salaries 

and supplies, and other 

expenses necessary to control and maintain the Legislative halls, chambers 

and committee rooms 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 Legislature be expended for 

janitorial salaries and supplies, and other 

expenses necessary to control and maintain the 

Legislative halls, chambers and committee rooms 

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 Legislature be expended to prepare the Legislative halls, 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 Legislative Contingent Expense Fund during the 

interim between Legislative sessions for janitorial 

salaries and supplies and other expenses necessary 

to control and maintain the Legislative halls, 

chambers and committee rooms 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 Legislative Contingent Expense Fund during the 

interim between Legislative sessions to prepare the 

Legislative halls, chambers 'and' committee rooms of 

the State Capitol Building for the use of the Legislature?" 

The Contingent Expense 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 thereof as may be necessary, to pay 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 

Governor while 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 departments or agencies now occupying same, and of any rentalsfor temporary offices 

of equipment and utilities therefor, which may 

be needed by such removed State department or 

agencies. 

"Sec. 2. The certificate oft the Chief Clerk 

of the House of Representatives approved by the 

Speaker thereof, or the certificate of the Secretary of the Senate approved bye the,Presldent of 

the Senate, shall be sufficient evidence to the 

Comptroller upon 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 the unpaid ac~counts or additional 

expenses of the Lieutenant Governor while 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 certificate of the Chairman of the 

Committee on Contingent Expenses of the Senate, 

approved by the President of the Senate, as the 

case may be, shall be sufficient authority to the 

Comptroller to issue warrants upon the State of 

Texas for the payment of accounts for contingent 

exoenses of either House, and for the payments 

or reimbursements of expenses necessitated by 

relocating State departments or agencies from 

space in the Capitol Building needed by the 55th 

Legislature." 

The Legislature has regularly enacted a law making an 

appropriation for its contingent expenses; indeed, the 54th 

Legislature enacted two laws appropriating money for Its Contingent Expenses which 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 salaries of officers and employees who were retained 

during the interim between the 54th and 55th Legislatures were 

paid out of the Contingent Expense Fund. 

Subsequent to S.B. No. 1, Acts 55th Legislature, Regular Session, Ch. 1, p. 1, each House of the Legislature enacted 

a Resolution clarifying,same and stating several payments that 

are to be made out of the Contingent Expense Fund. 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 

Contingent Expenses is h~ereby- authorized and 

directed to cause the Senate Chamber to be 

placed in order and . . . He shall also examine 

records and accounts . . . , and he shall be 

entitled to receive h1s actual and necessary 

expenses incurred while in the performance of 

such duties during the interim. 

n 

. . . 

0 ,.a11 salaries hereinauthorized 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 the payment of materials, supplies 

and expenses of the Senate shall be paid upon 

warrants signed by 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 shall have authority to employ such 

additional personnel as may from time to time 

be required and to purchase such supplies and 

to make all such repairs and improvements as 

are necessary between the adjournment of this 

session and 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 ~0 name 

such interim employees as 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 

Committee Rooms 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 Contingent Expenses Fund of 

the Regular Session of the Fifty-fifth Legislature, the amount to be paid by vouchers or 

warrants to be signed by the Speaker of the 

House and the Chairman or Vice-Chairman of the 

Committee on Contingent Expenses; . . .' 
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, y et 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 distinction between~ a resolution 

and a law seems to be that the former is used 

whenever the legislative body passing it wishes 

to merely 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 permanently direct and 

control matters atplying to persons or things 

in general. . . . 

When the Legislature directs by resolution that some 

particular thing be accomplished, thoseso affected by the resolution are bound to honor same as if the resolution were in 

fact a statute. 

It is our opinion that S.R. 596 and 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 expenses necessary to control 

and maintain legislative halls, chambers and committee rooms 

of tne State Capitol building during the recess of the Legislature, and the monies which must necessarily be expended in 

order to prepare said quarters for the use of the Legislature 

are to be paid out of the Contingent Expense Fund created by 

S.B. No. 1, supra. 

The Supreme Court, in Terre11 v. King, 118 Tex. 237, 

14 S.W. 2d ‘786, 792 (1929), said: 

"It is manifest that certain expenditures 

must be made by the state,,in the way of legislative expenses, or the grant of legislative 

power could never be effectually exercised. No 

one would question legislative disbursements ?%r 

comfortable assembly 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-making body, as a whole, as the Legislature 

itself; when in session; through a special committee delegated by the Legislature while in 

session to work on a legislative matter while 

in session; through personnel employed to close 

matters wafter adjournment; or through employees 

maintained between sessions for the care of the 

legislative halls; or for maintenance of a central office or clearing house for legislative 

matters between sessions. These expenses are 

for the mutual benefit of all members - for the 

Legislature itself." (Emphasis added) 

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 

Contingent Expense Fund. This office has, upon several occasions, held that "legislative" expenses are properly payable 

out of the Contingent Expense Fund. Attorney General's Opinions 

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

Accordingly, you are advised that funds appropriated 

for contingent expenses of the Legislature can be expended for 

janitorial salaries and supplies, and other expenses necessary 

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 interim between legislative sessions, funds appropriated for contingent expenses of 

the Legislature can be expended to prepare the legislative halls, 

chambers and committee rooms of the State Capitol building 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 supplies and other expenses 

necessary to control and maintain the legislative halls, 

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 legislative Contingent Expense Fund during 

the interim between legislative sessions to prepare the 

legislative halls, 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~or janitorial salaries and supplies, 

and other expenses necessary to control and 

maintain legislative halls, chambers and 

committee rooms of the State Capitol Building, 

to prepare the legislative halls, chambers 

and committee rooms of the State Capitol 

Building for the use of the Legislature, 

during the interim between legislative 

sessions; Arti.cle 667,v.c.s., does not 

.preclude the 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