THEA~O~EY GENERAL
OFTEXAS

September 30, 1957

Honorable Robert S. Calvert Comptrollerof PublicAccounts Capitol Station Austin 11, Texas

Dear

pose OpinionNo. WW-266

Re: Whether prior Opinions of the Attorney General concerning the expenses incurred for telephone and telegraph chargesby members of the House of Representativesapply to the Speaker of the House as well as othermembers Mr. Calvert: and related questions.

In your request for an opinion of this office you the following questions:
"1

. Should the holdings in prior Attorney General'sOpinions concerning the incurring of telephone and telegraph expensesby Members of the House of Representativesbe applied to the Speaker of the House Of'Representatives?
"2

. Does your ruling as to the purchase of stationeryand supplies incurredby Members of the House of Representativesapply to the Speaker of the House?
"3

. May the Comptroller issue a warrant to pay the salary of a secretaryto work in andmaintain the office of the Speaker in the State Capitolwhen suchperson is carried on the payroll as an interim employee and is designated as Secretary to the Speaker?
"4. May the Comptroller issue a warrant for payment out of the contingent funds of the 55th Legislature long distance and rental charges of the Water Resources Committee createdby House Bill 454, Acts of the 53rd Legislature?'Honorable Robert S. Calvert, Page 2 (~~-266)

The prior Opinions to which you refer in Question 1 are: o-3778 (lg41),MS-43 (lg53),W~-131 (1957),~1-148 (1957)and WW-177 (1957).

The prior rulings to which you refer in Question 2 are Attorney General's Opinions 0-3778 (1941)and W-177 (1957).
Themembers of the House each Regular Session elect from among their number onemember to serve as Speaker of the House during the present session an~d until the next Regular Session.

The duties of the Speaker aremany and cover a variety of fields. He presides over the House as a whole during the sessions of his two-year term of office. He appoints Housemembers to the various committees. He names the Committee Chairmen. He hires the employeesof the House and has supervisoryresponsibilitiesover their work; and he has the right to discharge any of them. The Spea.ker has general control, except as providedby law, of ,the Hall of the House, its lobby, galleries, corridors,passages and unappropriated rooms in that part of the Capito.1 assigned to the use of the House.

Throughout the Rules of the House the Speaker is trea,tedsomewhatdiff'erentlv than is a "Member"of the Hsuse. There are nmnemus dutiea assigned to the Speakerwhich continue after sine dLe adjournment of the House.

--..- _..-_ A study of House Si!:iple Resol,ution

No. 479, a.; passed by the House of Re[:??eaenI.ati.ve s of the 55th iegic;; ,?S~!~ii7g:,, sets forth numerous duties the Speaker is to perform fo:ii;u?lng sine d~ieadjournment. Under House Simple Resolution 475, t,l:e -_ Speaker of the House, after sine d,ie adjournment is to bc in charge of the Hall of the House, CommitteeRooms, and o,ther rooms and the furniture, f'ixt.ures, quipment and o,the!~a records of the House. He is provided with authori~ty to repaLr, restore or replace any furniture., ~;?~:~i~~ ‘i,'s, etc., thathe deemsnecessary to the dignity anti, ',i-1 appearance of the House, CommitteeRooms, Speaker's OPfice and Apartment, and ot:her House space. Between sessions,House Simple Resolution &(9 authorizes the Speaker, and employeesdesignatedby him topurchase itemsnecessary for performance oi:<P:,Xti.e;j in L!if keeping of House records, etc.

House Simple Resolution )+73further $?rovides:
"The Speaker and his family are hereby aut,hnrized to occupy,theSpeaker's Apartmentat any time he deems necessary during the interim,utilizingHonorable Robert S. Calve&, Page 3 (~~-266)

the services of regular interim employees of the House and others on a temporarybasis if and as needed, and he is further authorized to obtain through the Contingent Expense Committee the necessary supplies to operatehis office during the interim and also to have paid through that Committeenecessary local and long-distance telephone charges." (Emphasisours)
The Speaker,under House Simple Resolution 479, is authorized to attend any meetings of or sponsoredby The Council of State Governmentsor any meetings on problems of Federal-Staterelations or inter-state relations and cooperation, or any other governmental function in or outside the State, or, at the Speaker's discretion,he may appoint a Member of the House to accompanyhim, or appointnot to exceed two members to representhim at saidmeetings, and the actual and necessary traveling expenses incurred are to be paid out of the Contingent Expense Fund.

There are numerous committeesupon which the Speaker of the House servesby virtue of said office. The Speaker takes reports from the committees that he has appointed. These duties, as well as those set forth above, are not those that the"Member" of the Legislature is required to perform as a Member of the Legislature.

The position of the Speaker of the House is referred to as an "office". The Member occupying such position is said to hold the "office"of Speaker of the House. The term "office"embraces the Idea of tenure, duration, emolument and duties. 34 Tex. Jur. 323, Public Officers, Section 2.

From the above language, it is apparent that the person occupying the position of "Speakerof the House", is relegated to many duties that do not confront the "Member'of the House. Hence, the expenses, incurredby the Speakerwhile the Legislature is not In session, shouldbe treated in the light of the officewhich he holds, position of "Member"of the House. as distinguished from the

Accordingly,you are advised that the holdings in prior Attorney General's Opinions concerning the incurring of telephone and telegraph expensesby Members of the House of Representativesdo not apply to the Speaker of the House of Representatives.

You are advised that prior rulingsofAttorney General's Opinions concerning the purchase of stationeryand supplies,as set forth in Opinions O-3778 (1941)and WW-177 (1957),do not apply to the Speaker of the House.Honorable Robert S. Calvert, Page 4 (~1~266)

In arriving at the Immediatelypreceding conclusions, we do not overrule any of the prior Opinions to which you refer. Indeed,we do hereby adhere to the rule concerning "legislative"expenses as set.forth in Attorney General's Opinion 0-3778 (1941).

From our study of the various duties required of the Speaker of the House during the interim and the requirements set forth in H.S.R. 479 relating to themaintaining of the office of the Speaker in the State CapitolBuilding, it is inherent that a secretary,or some such responsibleperson work in andmaintain the office of the Speaker.

Accordingly,you are advised that the Comptroller may issue a warrant to pay the salary of a secretary to work in and maintain the office of the Speaker in the State Capitolwhen such is carried on the payroll as an interim employee and is designated as secretary to the Speaker.

The Water Resources Committeewas createdby House Bill 454, Acts 53rd Legislature,Re ular Session 359,page 879 (codifiedas Articleg280-5,Verno~~?%%~ Statutes),and expired four years after the effectivedate of House Bill 454.

In addition to creating said committee,Article 8280-5 appropriatedout of the ContingentFund of the 53rd Legislature the sum of $lO,OOO.OO,or as much thereof as may be necessary, to accomplish the purposes set out in Article 8280-5.
The 54th Legislature, in the General Appropriation Rill,, House Bill 140, Acts 54th Legislature, ch. 519, p. 1531, appropriatedout of GeneralRevenue and estimatedpublic donations, the sum of $25,&00.00 fcr the years ending August 31, 1956 and August 31, 1957.

The 55th Legislature, in Senate Bill 17, Acts 55th Legislature, ch. &06, p. 1233, ap,pl:>I-; I' ,:;.:ed to the Water Resources Committee "oust of the -rex.perded balance in the appropriation for necessary travel expense ofmembers of the Water, Resources Committee, out of the GeneralRevenue Fllndof Texas in Rouse Bill No. 140, Acts 1355, the sum of Seven Hundred Dollars ($700.00), said appropriation to be used for payment of salariesand wages."

The expenses of the Water Resources Committee reYelYred

to in Qdestion 4 do not constitute expenses of the Legislature,or incidental thereto; they are expenses of a separateagency which are payable out of appropriationsmade to such agency.Honorable Robert S. Calvert, Page 5 (WW-266)

It is our opinion that the Comptrollercannot issue a warrant for payment out of the ContingentPunds of the 55th Legislature of long-distanceand rental char es Resources Committee createdby House Bill 458 of the Water

, Acts of the 53rd Legislature.

SUMMARY

Prior AttorneyGeneral's Opinions concerning the incur+lg of telephone and telegraph expensesbyMembers of the House of Representatives do not apply to the Speaker of the House. Prior AttorneyGeneral's Opinions ruling on the purchase of stationery and supplies incurredby Members of the House of Representatives do not apply to the Speaker of the House. The Comptrollermay issue a warrant to pay the salary of a secretary to work in and maintain the office of the Speaker in the State Capitolwhen suchperson is carried on the payroll as an interim employee and is designatedas Secretary to the Speaker. The Comptrollercannot issue a warrant for payment out of the contingent funds of the 55th Legislature of long-distance telephone callsand rental charges of the Water Resources clommittee createdby House Bill 454, Acts 53rd Legislature, Regular Session, Chapter 359,page 873.

Yours very truly,

WILL. WILSON AttorneyGeneral of Te,xas

MRT:j!

APPROVED:
OPINION COMMITTEE

Geo. P. Blackburn, Chairman Jim Rogers Arthur Sandlin Larry Jones Wayland Rivers REVIENED "OR TfIEATTO-RNEY GENERAL BY: Jag;-.?

N. Ludlilni