. . . * 

HE A ORNEY GENERAL 

OFTEXAS 

MnY 14, 1957. 

Bonor~ble Loulr Dugat, Jr. 

chairma 

! 

, Coiitlngedt Expense Committee, 

Houre d Re’@resentatives, 

Aurtla, Texar . opinion no. ww-131 

Dear Mr. Dugae: 

Re: Constitutionality of 

H.S .R. 284, pertaining 

to the payment of official telephone calla by 

Members bf the Iioi~ae, 

during the Interim, beginning immediately 

following sine die adjournment of the 55th 

Legie la ture and ending 

at the convening of the 

56th Legislature. 

In your letter of May 6, 1957, you have requested 

an official opinion of this Department, concerning the conetitut~ionality of Rouse Simple Resolution No. 284. You 

further atate in your letter that: 

“Inasmuch as the wording and provisions 

of this resolution differ somewhat from 

similar resolutions submitted for oplnlons in 

the past, a new opinion is desired relative to 

the provlsioue of House Simple Resolution no. 

284 of the 55th Legia lature . ” 

House Simple Resolution No. 284 reads as follows: 

“BE IT RBSOLVRD by the Texas House of 

Representatives, That the Committee on 

Contingent Expense be directed to appropriate 

from the Contingent Expense Fund whatever sums 

shall be necessary to pay for official telephone calls by Members of the House of Representatives during the Interim, beginning immediately following sine die adjournment of 

the Fifty-fifth Legislature and ending at the 

convening of the Fifty-sixth Legislature. It 

Is provided, however, that no Member shall be 
. . . 

Honorable Louis Dugas, Jr., Page 2 WW-131 

allowed more than Twelve Dollars ($12) 

monthly for telephone calls, and it is 

further provided that no telephone expense 

other than official calls which are properly 

charged to the Member's official toll credit 

cards shall beg paid by the Committee. The 

Contingent Expense Committee shall make any 

necessary rules or regulations concerning 

interim telephone calls of Members and shall 

have full authority to enforce such rules in 

whatever manner they deem necessary or 

advisable." 

You are no doubt familiar with the previous oplnions delivered by this Department relating to the constitutionality of similar resolutions. We shall Include In 

this opinion a comprehensive survey of the rationale contained in several of these prior opinions. 

We are unable to find any distinction between the 

resolution here being cotisldered and thatdiscussed la 

Attorney General's Opinion No. MS-43. Both,contain a provision relating to payment by a toll credit card method. 

Attorney General's Opinion MS-43 holds that expenditures 

of this nature would~not be a lawful and proper use Of 

State funds. It was therein stated: 

"The ultimate issue posed is whether the 

expenses here authorized to be paid are 'legislatlve~ expenses or 'personal' expeases of 

the members. This office haa,oa aumerous 

occasions, expressed ltself.:on analogous ques- 

~t~lons . In every instance we have adhered to 

the rule that compensation of Legislators Is 

speaified and limited by Section 24 of Article 

III of the Texas Constitution; and further, 

that reimbursememt for 'personal' as opposed 

to lleglslative' expeases is in the nature of 

exaessive and unauthorized compensation; and 

that the only expenses that are legislative 

are those that relate to public purposes coaceraed with duties imposed by law on members 

Attorney Geaeral's 

&%%:'aiii% (1953) V-772 (1949), 

v-211 (19472, v-84 (194+ 

In answering your question we are guided not only 

by the principles set forth in the cited Opinions, but we are 
Honorable Louis Dugas, Jr., Page 3 

also coatrolled 

tI?Kl). wherein 

ww-131 

by Attorney General’s Opiaio~ HO. 0-3778 

a similar resolution of the 47th Lsglsla- . - ._ hire 6s held invalid. In that instance tne resolut10n 

purported to autho,rise a rtipulated, monthly sum to each 

Senator during the period between sessioas. 

n 

. . .for the purpose of defraying 

the expease of hiring a part-time stanographer to be used oaly for the purpose of 

traasadting business Incident to his office 

at State Seaator, aad only for State business; 

and further for the purpose of defraylag the 

expense of telephone, telegraph and postage 

used oaly in State busiaess and incident to 

his offl&e,as State Seaator.“[Emphasis added) 

~Opinion Ho. 0-3778 contalas a thorough and 

exhaustive review of the existing authorities, aa well as a 

complete snd accurate analysis of the nature of “legislative” 

aid ‘personal” expenses of Lsgislators. This Opinion reads 

in part as, follows : 

“It is believed that the matter of 

legislative and personal expense may be 

rationalized as follows. Legislative expense is that iacldeat to the workings of the 

Legislature as an actual law-making body, a8 

a whole, as the Legislature itself, when in 

session; through a special committee delegated by the Legislature while la sessioa to 

work on a legislative matter between sessloas; 

.through personnel employed to close matters 

after adjourameat; or through employees malatalned between sessioas for the Care of the 

legislative halls or for maintenance of a 

central office or clearing house for legislative matters between sessions e These 

expenses are for the mutual benefit of all 

msmbera -- for the Legislature Itself. 

“Personal expense, on the other haad, Is 

that Incurred, or which may be incurred, by a 

Member between sessions working uader his Owa 

will, la his owa discretion and as a matter of 

iladlvidual eaterprise -- not as a part of the 

Legislature In session or under extraordiaary 

assignment from the body between sessions. 
Honorable Louis Dugas, Jr., Page 4 w-131 

"If, therefore, aa allowance of expenses 

to individual members of the Legislature 

during a sosalon, or while on a committee 

assignmeat between sessions, is presumtively 

legislative expense, it does not follow that 

an expense allowaace to each member indiscriminately between sessions is likewise so. 

To the contrary, in our opinion the latter is 

presumptively personal expense. 

"Essentially this view is grounded upon 

the historical and constitutional concept of 

a State legislative office, together with the 

praatical workings of the constitutional 

methods with reference thereto, and the discernible weight of the cases in support of 

such conclusion." 

The effect of these previous opinions Is that~ such 

expense canaot be paid out of public funds, and this prohibition applies whether the funds are paid directly to the 

Lsgislator, as in Opinion o-3778, or to a company with whom 

he incurs the debt through a credit card device, as was the 

case la Opinion No. W-43. 

It is, therefore, our opinioa that the allowance by 

House Simple Resolution Ho. 284 of the 55th Legislature, of 

not to exceed TweIve Dollars ($12.00) monthly, for official 

telephone calls by Members of the House of Representatives, 

during the Interim, beginning immediately following sine die 

adjourameat of the 55th Legislature, and ending at the convening of the 56th Legislature, whether such funds are paid 

directly to a Legislator or to a company with whom he incurs 

the debt through a credit card device, is invalid and would 

not constitute a lawful uae of State funds. 

SUMMARY 

House Simple Resolution No. 284, authorizing an expenditure of not to exceed Twelve 

Dollars ($12.00) monthly, for payment from 

the Contingent Expense Fund for official telephone calls by the Members of the House of 

Representatives, during the Interim, beginning 

immediately followlag sine die adjournmeat of 

the 55th Legislature and eadiag at the convening of the 56th Legislature, whether such funds 

are paid directly to the Legislator, or to a 

company with whom he Incurs a debt through a 
_. ._ 

Honorable Louis Dugas, Jr., Page 5 ww-131 

credit card device, is unconstitutional 

as an unlawful use of State Funds. 

Yours very truly, 

WILL WIISOR 

Attorney General 

k? 

B. H. Timminu, Jr. ? 

Assistaat 

BHT:pf:rh 

APPROVED: 

OPINION COMMITTEE. 

H. Grady Chandler, 

Chairman 

James W. Wllsoa 

Fred Werkenthin 

Ralph R. Rash 

REVIEWEDFORTREATTORERYGENRRAL 

By: Geo. P. Blackburn