E P GENERAL

April 17, 1962

RepresentativeDon Kennard 4032 Eldridge Opinion No.NW- 1312

Ft. Worth, Texas Re: Authority of the Interim Committeeon Migrant Labor to expend State funds for the employment of Legal Counsel, research Dear Mr. Kennard: staff or clericalhelp.

Your request on the above subjectmatter asks the following questions:

"1

. Under the provisions of H. S. R. No. 164, is it legal to expend state funds for the employmentof Legal Counsel, research staff, or clericalhelp?
"2. In addition, is it legal for state funds to be expended for travel or other expenses for Legal Counsel,research staff,or clericalhelp?"

H. S. R. No. 164attachedwith your request creates a special Interim Committee on Migrant Labor and the resolving clauses read as follows:

"RESOLVEDby the House of Representatives of the State of Texas, That there is hereby created a special Interim Committee on Migrant Laborwith membershipas follows: Five (5) Members of the House of Representatives,to be appointedby the Speaker; and, be it further
"RESOLVED,That the Committee shallhold public hearings in Austin, Texas, shall study and considerboth interstateand intrastate aspects of the problems of migratory labor, the co-ordinationof agencies' services in the State and between states,and the co-operation between local, state, and national governments; and, be it further
"RESOLVED,That the Committee shallgive specialattention to the basic educationalneeds,Rep. Don Kennard, page 2 (WW-1312)

work skills and/or lack of such skills and the retraining and vocational education of adult workers; and, be it further
"RESOLVED,That the Committee shall present its report resulting from the study, together with findings and recommendations,to the Legislatureat its next Regular Session;and, be it further
"RESOLVED,That no State funds from any sourcewill be expended on the expense of House Members." (Emphasisadded)
Section 7 of House Bill 289, Acts of the 57th Leglslature,Regular Session,Chapter 303, page 654, known as the LegislativeReorganizationAct of 1961 and codified in Vernon's as Article 5429f,Vernon's Civil Statutes, reads as follows:

"EachHouse of the Legislatureacting individually,or the two Houses acting jointly shallhave full power and authority to provide for the creationof special committees to perform such functions and to exercise suchpowers and responsibilitiesas shallbe determined in theResolution creating such committee. During the life of a special committee it shallhave and exercise the same powers and authority as are herein granted to standing committees, subject to such limitationsas may be imposed in theResolution creating such special committee, and shallhave such other and additionalpowers and authority as may be delegated to it by the Resolution creating the committee, the limitationsof law." subject to

It is our opinion that the committee createdby H. S. R. No. 164 constitutesa special committeewithin the meaning of Section 7 of House Bill 289, Acts of the 57th Legislature,Regular Session, 1961, Chapter 303,page 654 quoted above with full authority to perform such functionsand exercise such powers and responsibilitiesas set out in the Resolution.

provides: Subdivision 6 of Section 8 of House Bill 289, supra,. .
Rep. DonKennard, page 3 (WW-1312)

“The Committee shall have authority to employ and compensate assistants to assist In any Investigation, to assist In any audits, and to assist In any legal matters where, for any reason, It Is necessary to obtain such services in addition to the services of the State Auditor, the Texas Legislative Council and Attorney General’s Department, and the Department of Public Safety; and It may employ and compensate clerks, stenographers and other employees In order to conduct Its InvestlgatlonE. and hearings and to makeproper records thereof. However, it Is expressly provided that no employment or compensation shall be authorized until It has been first submitted to the Speaker of the House or the President of the Senate, as the case maybe, and he has authorized it in writing.”
It Is noted from the foregoing that subdivision 6 of Section 8 of Article 5429f authorizes the committee to employ assistants and other help provided that such employment Is first authorized by the Speaker of the House in writing. Onthe other hand H. S. R. No. 164states that “no State funds from any source will be expended on the expense of House members.”

A similar question was t! assed on by this office In Attorney General Opinion WW-1223 1961), concerning the traveling expenses of the special House Committee on Eecheat Laws. H. S. R. No, 16 (involved in Opinion WW-1223)was amendedby striking out the portion of the Resolutlon speclflcally authorizing the reimbursement of the commlttee~s actual and necessary expenses, In Opinion WW-1223, It was pointed out that Section 20 of Article 542gf, Vernon’s Civil Statutes, authorized the payment of the expenses of the committee and held that the committee could be reimbursed for the actual and neceseary expenses fncurred while engaged In the work of the committee under the provisions of Section 20 of Article 5429f, Vernon’s Civil Statutea specifically polntlng out:

"It might be contended that since a portion of House Simple Resolution apeclflcally provides for the payment of travellng expenses was deleted from House Simple Resolution No. 16prior to passage shows a legislative Intent that such expenses should not be paid. Since House Simple Resolution No. 16could not have the effect of amending Section 20 of House Bill 289, Acts of the 57th Legislature, RegularRep. Don Kennard, page 4 (WW-1312)

Session, 1961, the deletion from House Simple Resolution No. 16, above noted, cannot affect the payment of traveling expenses to the committee."

It is our opinion that the same constructionis applicable to theprovisions of subdivision6 of Section 8 of House Bill 289, Acts of the 57th Legislature,Regular Session, 1961, Chapter 303, page 634, codified InVernon's as Article 5429f,Vernon's Civil Statutes. You are therefore advised that your committeehas the authority to employ Legal Counsel, research staff, clericalhelp and to pay the expenses for such Legal Counsel, research staff and clerical help provided, of course, that no employment or compensation is authorizeduntil it has been first submitted to the Speaker of the House of Representativesand the Speakerhas authorized such employmentor compensation in writing as provided in Article 542$Jf,

Vernon's Civil Statutes.

SUMMARY
The special Interim Committee on Migrant Labor has the authority to employ Legal Counsel, research staff and clericalhelp and pay for travel and other expenses for the Legal Counsel,research staff and clericalhelp provided the Committee first submits such employment to the Speaker of the House of Representativesand the Speakerhas authorized it in writing as provided in subdivision6 of Section 8 of Article 5429f,Vernon's Civil Statutes,
Very trulyyours,
WILL WILSON Attorney General of Texas

JR:mkh

APPROVED: OPINION COMMITTEE

J. C. Davis, Chairman Robert McGee Grady Chandler W. 0. Shultz

REVIEWED FOR THEATTORNEY GENERAL BY: HoughtonBrownlee, Jr.