July 10, 196-j’

Hon. Milton J. Schlller Chairman,Contingent Bxpense Committee House of Representatives Austin, Texas Opinion No. M- 101

Re: Interim expenses of members of the House of Representatives, 60th Legislature.

Dear Mr. Schlller:

Your request for an opinion reads as Sollows:
“iouse Simple ResolutionNo. 448 by Wayne, a copy of which Is attached,was passed during the Regular Session of the-sixtieth Legislature.

“Pursuant

to. the’ provisionscontained on Page 6, concerningthe rental of electric typewriters and transcribing equipment,an official opinion Is respectfully requested,as follows:

“1. Provided a Member of the House has filed a rental agreement for such equipment, and over a period of time, after monthly rental paymentshave been made to the business firm, may such accumulated rental paynients

be used as equity toward the actual purchase OS the equlpment, provided the Member makes the final payment from his personal funds?
“2. IS the above opinion Is In the afflrmatlve, and such equity may be applied toward final purchase,would such equipmentbecome the personal property of the Member of the House, or would It become the property of the State of Texas, subject to the Property InventoryLaws of the State?

“we will appreciateyour oSSlclal opinion on this matter at your earliest convenience. *

-456-Hon. Milton J. Schlller,page 2 (M-101)

In Terre11 vs. King, 118 Tex. 237, 14 S.W.2d 786'(1929), It was held that a nesolutlonwas an appropriate and constitutional method to direct the expenditureof a portion of appropriation for the expenses of members of the Legislature between sessions. In that case, the Court upheld a portion of the Resolution whereby members of an Interim committeewould receive certain expenses lncurred In the conduct of the commltteets duties. The Court stated:

'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 effectuallyexercised. No one would question legislative

disbursementsfor comfortable assembly halls andcommittee rooms, or for clerks, stationery, .etc. Within the same category of legitimateexpenses of the Legislatureor of either hquse comes relmbursement to members for actual expensesreasonably Incurred In order to perform duties devolving on duly authorized committeesof the Legislature,or of either house, when such committeemembers are called to other points than the capital, or when called to the capital oiherwise than durlng the sessions of the Legislature.

It Is noted that at the time Terre11 v. pin& supra, was decided, Section 24 of Article III did not provide for an annual salary,.but

merely a per,

diem during the tline that the Legislature
was In session and thereforeperformanceof oSSlcla1duties was not on an annual basis except for such Interim committeework as was assignedto Interim committeescreated by the Legislature. In 1960, Section 24 of Article III of the Constitution of Texas was amended so as It now reads as follows:

*Membersof the Legislature shall receive from the Public Treasury.anannual salary of not exceedingFour Thousand, Eight Hundred Dollars ($4,800) per year and a per diem of not exceeding Twelve Dollars ($12 t per day for the first one hundred and twenty 120 Session and for thirty t days only of each Regular 30) days of each Special Session of the Legislature. No Regular Session Shall be of longer duration than one hundred and forty (140) days.

"In addition to the per diem the Members of each House shall be entitled to mileage In going to and returning from the seat of government, which mileage shall not exceed Two.Dollarsand Fifty Cents ($2.50) for every twenty-five (25)

-45?-Hon. Milton J. Schlller,page 3. (M&101)

miles, the distance to be computed.bythe nearest and most direct route of travel, from a table of distancespreparedby the Comptrollerto each county seat now or hereafter to be established; no Member to be entitled to mileage for any extra Session that may be called within one (1) day after the adjournmentof the Regular or Called Session."

It Is noted that the foregoing constitutional amendment now provides In addition to per diem and travelingexpensesan annual salary for members of the Legislature, thus recaanizlngthat offlclalduties of members of the Legislatureare perSormed,throughout the year and are not limited to duties performedwhile the Legislature Is In session. Therefore, In determining what expenses are allowed to be paid out of the ContingentExpensesAppropriation for members of the House of Representatives, It Is necessary to examine the provisionsof House Simple ResolutionNo. 448 of the Regular Session of the 60th Legislature. The provisions of House Simple Resolution No. 448 applicableto your question reads as Soliows:

"RESOLVEI),

That the ContingentExpense Committee Is hereby authorizedand directed to credit such Representative

an amount as determinedby the Committee on House Admlnletratlon not to exceed $200 a month during any period the Legislature Is not In session. This amount Is authorized to pay for the employmentof a private secretaryand for expenditures for stationery,supplies,postage, telephonetolls, telegraphtolls, answering service, and rental of electric typewritersand transcribingequipment. Ex bit thorfkedhereunder shall be paid out oS?Ee ~~&%ve Expense Fund of the 60th Legislature or any other funds appropriatedfor the use of the House of Representatlves; and, be It further
"RESOLVED,

That each Representative m w electric typewriters,transcribingequlpmen I or subscribeto an answering service providingthe monthly rental See does not exceed $25 for each Item. A copy of the rental agreementregarding any of the above must be filed with the Contlng$nt Expense Committeebefore payment Is made;

. i

. (R~phaslsadded)

It Is noted that the foregoingprovisiondoes not authorize the purchase of typewritersor transcribingequipmentbut the Resolution limits the expenditureof State funds In this connectiononly to the paymert of rent for such equipment. Therefore,the State of ?.45&Hon. Milton J. Schlllert:p~e.4(M-~O~)

Texas cannot from~theprovisionsof House Simple ResolutionNo. 448 typewrlteror transcribing to purchase.acquired by pay public funds toward the.purchase of a equipment. However, any equity oc option .vlrtue oS:the rental contractbecomes, property OS the State of Texas. Art. III, Section 51, Texas Constitution..

SUMMARY :
The Resolution Is an appropriateand constitutional met.hod.to.dlrect

expenditureof a portion of approprlatlon and.Slnanclng expenses incurredhy members oS.the LegislatureIn the conduct~oS..thelr officialbusiness while the Leglslature~ls.not lr.sesslon. House Simple ~Resolut,lon

No; u8 of the Regular Session of the 60th Legislatureauthorizesthe:payment.oSfunds .Sor rental of electric.

typewriters

and.tr.anscrlbing

eculpment. Such,Resolutlon

does not authorize-the purchase of such equipment. Any equity or option to purchase acquired by virtue OS a rental contractbelongs solely to the State. Article ,111, Section 51, Texas Constitution.
YQHs. very.truly,

Preparedby John Reeves AssistantAttorney General
APPROVSD:',' OPINION COMMITTEE
Hawthorne Phillips,Chairman Kerns Taylor, Co$halrman J. H. Broadhurst V. F. Taylor Nell Williams Ralph Rash

STAFF LEGAL.ASSISTANT A. J. Carubbl,Jr.