THEA~O~EY GENERAL 

OFTEXAS 

September 30, 1957 

Honorable Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin 11, Texas 

Dear 

pose 

Opinion No. WW-266 

Re: Whether prior Opinions 

of the Attorney General 

concerning the expenses 

incurred for telephone 

and telegraph charges by 

members of the House of 

Representatives apply to 

the Speaker of the House 

as well as other members 

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's Opinions concerning the incurring of 

telephone and telegraph expenses by Members of 

the House of Representatives be applied to the 

Speaker of the House Of'Representatives? 

"2 . Does your ruling as to the purchase of 

stationery and supplies incurred by Members of 

the House of Representatives apply to the Speaker 

of the House? 

"3 . May the Comptroller issue a warrant to 

pay the salary of a secretary to work in and maintain the office of the Speaker in the State 

Capitol when such person 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 created by 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). 

The members of the House each Regular Session 

elect from among their number one member to serve as Speaker 

of the House during the present session an~d until the next 

Regular Session. 

The duties of the Speaker are many 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 House members to the various committees. He names 

the Committee Chairmen. He hires the employees of the House 

and has supervisory responsibilities over their work; and he 

has the right to discharge any of them. The Spea.ker has 

general control, except as provided by 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,ted somewhat diff'erentlv than is a "Member" of the Hsuse. 

There are nmnemus dutie a assigned to the Speaker which 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~ie adjournment. 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, Committee Rooms, 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., that he 

deems necessary to the dignity anti, ', i-1 appearance of the 

House, Committee Rooms, Speaker's OPfice and Apartment, and 

ot:her House space. Between sessions, House Simple Resolution 

&(9 authorizes the Speaker, and employees designated by him 

to purchase items necessary for performance oi: <P:,Xti.e;jin L!if 

keeping of House records, etc. 

House Simple Resolution )+73 further $?rovides: 

"The Speaker and his family are hereby aut,hnrized to occupy,the Speaker's Apartment at any time 

he deems necessary during the interim, utilizing 
Honorable Robert S. Calve&, Page 3 (~~-266) 

the services of regular interim employees of 

the House and others on a temporary basis if 

and as needed, and he is further authorized to 

obtain through the Contingent Expense Committee 

the necessary supplies to operate his office 

during the interim and also to have paid through 

that Committee necessary local and long-distance 

telephone charges." (Emphasis ours) 

The Speaker, under House Simple Resolution 479, is 

authorized to attend any meetings of or sponsored by The 

Council of State Governments or any meetings on problems of 

Federal-State relations 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 accompany him, or appoint not to 

exceed two members to represent him at said meetings, and 

the actual and necessary traveling expenses incurred are to 

be paid out of the Contingent Expense Fund. 

There are numerous committees upon which the 

Speaker of the House serves by 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 "Speaker of the House", is 

relegated to many duties that do not confront the "Member' of 

the House. Hence, the expenses, incurred by the Speaker while 

the Legislature is not In session, should be treated in the 

light of the office which 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 expenses by Members of the House of 

Representatives do not apply to the Speaker of the House of 

Representatives. 

You are advised that prior rulings of Attorney 

General's Opinions concerning the purchase of stationery and 

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 Immediately preceding 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 the maintaining of the 

office of the Speaker in the State Capitol Building, it is 

inherent that a secretary, or some such responsible person 

work in and maintain 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 

Capitol when such is carried on the payroll as an interim 

employee and is designated as secretary to the Speaker. 

The Water Resources Committee was created by House 

Bill 454, Acts 53rd Legislature, Re ular Session 

359, page 879 (codified as Article g280-5, Verno~~?%%~ 

Statutes), and expired four years after the effective date of 

House Bill 454. 

In addition to creating said committee, Article 

8280-5 appropriated out of the Contingent Fund 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, 

appropriated out of General Revenue and estimated public 

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 of members of the 

Water, Resources Committee, out of the General Revenue Fllnd of 

Texas in Rouse Bill No. 140, Acts 1355, the sum of Seven 

Hundred Dollars ($700.00), said appropriation to be used for 

payment of salaries and 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 

separate agency which are payable out of appropriations made 

to such agency. 
Honorable Robert S. Calvert, Page 5 (WW-266) 

It is our opinion that the Comptroller cannot issue 

a warrant for payment out of the Contingent Punds of the 55th 

Legislature of long-distance and rental char es 

Resources Committee created by House Bill 45 8 

of the Water 

, Acts of the 

53rd Legislature. 

SUMMARY 

Prior Attorney General's Opinions concerning 

the incur+lg of telephone and telegraph 

expensesby Members of the House of Representatives do not apply to the Speaker of the House. 

Prior Attorney General's Opinions ruling on 

the purchase of stationery and supplies 

incurred by Members of the House of Representatives do not apply to the Speaker of the 

House. 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 Capitol when such person is carried on 

the payroll as an interim employee and is 

designated as Secretary to the Speaker. The 

Comptroller cannot issue a warrant for payment 

out of the contingent funds of the 55th Legislature of long-distance telephone calls and 

rental charges of the Water Resources clommittee 

created by House Bill 454, Acts 53rd Legislature, 

Regular Session, Chapter 359, page 873. 

Yours very truly, 

WILL. WILSON 

Attorney General of Te,xas 

MRT:j! 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Jim Rogers 

Arthur Sandlin 

Larry Jones 

Wayland Rivers 

REVIENED "OR TfIE ATTO-RNEY GENERAL 

BY: 

Jag;-.? N. Ludlilni