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 Resolution No. 448 by Wayne, 

a copy of which Is attached, was passed during 

the Regular Session of the-sixtieth Legislature. 

“Pursuant to. the’ provisions contained on 

Page 6, concerning the 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 

payments have 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 equipment become the personal 

property of the Member of the House, or would It 

become the property of the State of Texas, subject 

to the Property Inventory Laws of the State? 

“we will appreciate your 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 nesolutlon was an appropriate and constitutional 

method to direct the expenditure of 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 committee would 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 effectually exercised. No one would question 

legislative disbursements for comfortable assembly 

halls andcommittee rooms, or for clerks, stationery, 

.etc. Within the same category of legitimate expenses 

of the Legislature or of either hquse comes relmbursement to members for actual expenses reasonably Incurred 

In order to perform duties devolving on duly authorized 

committees of the Legislature, or of either house, 

when such committee members 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 therefore performance of oSSlcla1 duties was not 

on an annual basis except for such Interim committee work as was 

assigned to Interim committees created by the Legislature. In 1960, 

Section 24 of Article III of the Constitution of Texas was amended 

so as It now reads as follows: 

*Members of the Legislature shall receive 

from the Public Treasury.an annual salary of not 

exceeding Four 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.Dollars and 

Fifty Cents ($2.50) for every twenty-five (25) 

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

miles, the distance to be computed.by the nearest 

and most direct route of travel, from a table of 

distances prepared by the Comptroller to 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 adjournment of the Regular or Called Session." 

It Is noted that the foregoing constitutional amendment 

now provides In addition to per diem and traveling expenses an 

annual salary for members of the Legislature, thus recaanizlng that 

offlclal duties of members of the Legislature are perSormed,throughout the year and are not limited to duties performed while the Legislature Is In session. Therefore, In determining what expenses are 

allowed to be paid out of the Contingent Expenses Appropriation for 

members of the House of Representatives, It Is necessary to examine the 

provisions of House Simple Resolution No. 448 of the Regular Session 

of the 60th Legislature. The provisions of House Simple Resolution 

No. 448 applicable to your question reads as Soliows: 

"RESOLVEI), That the Contingent Expense Committee 

Is hereby authorized and directed to credit such 

Representative an amount as determined by 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 

employment of a private secretary and for expenditures 

for stationery, supplies, postage, telephone tolls, 

telegraph tolls, answering service, and rental of 

electric typewriters and transcribing equipment. 

Ex bit thorfked hereunder shall be paid out 

oS?Ee ~~&%ve Expense Fund of the 60th Legislature or any other funds appropriated for the use 

of the House of Representatlves; and, be It further 

"RESOLVED, That each Representative m 

electric typewriters, transcribing equlpmen w I or 

subscribe to an answering service providing the 

monthly rental See does not exceed $25 for each 

Item. A copy of the rental agreement regarding 

any of the above must be filed with the Contlng$nt 

Expense Committee before payment Is made; . i . 

(R~phasls added) 

It Is noted that the foregoing provision does not authorize 

the purchase of typewriters or transcribing equipment but the Resolution limits the expenditure of State funds In this connection only 

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~the provisions of House Simple Resolution No. 448 

typewrlter or transcribing 

to purchase.acquired by 

pay public funds toward the.purchase of a 

equipment. However, any equity oc option 

.vlrtue oS:the rental contract becomes, property OS the State of Texas. 

Art. III, Section 51, Texas Constitution.. 

SUMMARY : 

The Resolution Is an appropriate and constitutional 

met.hod.to.dlrect expenditure of a portion of approprlatlon and.Slnanclng expenses incurred hy members oS.the 

Legislature In the conduct~oS..thelr official business 

while the Leglslature~ls.not lr.sesslon. House Simple 

~Resolut,lon No; u8 of the Regular Session of the 60th 

Legislature authorizes the:payment .oS funds .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 contract belongs solely to the 

State. Article ,111, Section 51, Texas Constitution. 

YQHs. very.truly, 

Prepared by John Reeves 

Assistant Attorney 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.