HonorableWesley Roberts, Chairman

Committee on Saving Taxes House of Representatives Austin, Texas OpinionNo. WW-811

Re: whether themembers of the Commlttee on Saving Taxes, authorized by,House Simple ResolutionNo. 152, 56th Legislature, Regular Session, 1959, are subject to provlsions of House Bill No. 14, 56th Legislature, Third Called Session, 1959, and related quesDear Mr. Roberts: tions.

You have requested an opinion on the following questions:

"1. Inasmuchas thismoney has

been set aside,prior to the enactment of House Bill No. 14, Fifty-sixth Legislature, Third Called Session,are the members of the Committee on Saving Taxes subject to the provisions of House,Bill 14? _'

"2. Are the members of the Committee
on Saving Taxes subject to theprovisions of your OpinionNo. ~~-776?
"3. what is the in-statemileage reimbursement for necessary and official travel performedby members of the Committee on Saving Taxes?HonorableWesley Roberts,page 2 (~~-811)

“4. Aremembers of the Committee
on Saving Taxes, as authorizedby H. S. R. No. 152, limited to $8.00per day within the boundaries of the State?

“5. What is the in-state travel reimbursement,if travelingby public conveyance, such as air lines, bus lines or railroads?"

House Simple ResolutionNo. 152, referred to in your request, creates a committee of five Members of the House of Representativesto be known as the Committee on Saving Taxes, and provides that such committee shall continue until the convening of the 57th Legislatureand, therefore, constitutesan interim committee of the 56th Legislaturewithin the meaning of House Bill 14, Acts of the 56th Legislature,Third Called Session, 1959, Chapter 16, page 395.

In Attorney General's OpinionWW-667 (1959)construing the provisions of House Simple ResolutionNo. 152, it was held that itsprovisions constituted sufficient authorit for the Comptrollerto set aside ina separate account $5,000 of themonies appropriated in House Bill No. 1, Acts of the 56th Legislature,Regular Session, 1959, Chapter 1, page 1, to be used only for the purposes set out in House Simple ResolutionNo. 152.

House Bill 14, Acts of the 56th Legislature,Third Called Session, 1959, Chapter 16, page 395,provides that the per diem of the Members of the 56th Legislature serving
on interim committeesof the 56th Legislature shallbe limited to $8 per day within the boundaries of the State, and the rate of mileage is limited to 89! per mile. General's Opinionw-776 (1960). Attorney

Therefore, in answer to your questions,you are advised that since the provisions of House Bill 14, Acts of the 56th Legislature,Third Called Session, 1959, constitutes the latest enactment of the Legislature, the traveling expenses of Members of the Committee on' Saving Taxes are governed by its provisions.HonorableWesley Roberts,page 3 (~-811).

Answeringyour questions categorically, (1) the Members of the Committeeon Saving Taxes are subject to the provisions of House Bill 14; (2)Members of the Committee on Saving Taxes are subject to the provisions of House Bill 14 as construedby Attorney General's Opinion w-776 (1960); (3) the in-statemileage reimbursementfor necessary and official travelperformedby Members of the Committee on Saving Taxes is 84 per mile; (4)Members of the Committee on Saving Taxes are limited to a per diem of $8 per day within the boundaries of the State; and (5) in-state travel reimbursement is 84 per mile, whether travelingby public conveyance such as air lines,bus lines
or railroads, or travelingby private conveyance,

SUMMARY
The traveling expenses of Members of the Committee on Saving Taxes of the 56th Legislature,are limited to the per diem of $8 per day and the rate of 84 per mile by the provisions of House Bill 14, Acts of the 56th Legislature,Third Called Session, 1959, Chapter 16, page 395.

Yours very truly,

WILL WILSON Attorney General of Texas

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APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman
Phocion S. Park, III Wallace Finfrock Mary KateWall John Reeves Assistant

REVIWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore