1:. ,, 

,, 

‘. 488 

: 

., . 

. . . . ..- 

i .~ 

a. .~ : 

. ~,. OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

@ AUSTIN 

July. 3.1, 1914 

Control) shall oont~raot for a 

partmants, institutions and boarda, save and sxoept 

suoh work as may be done at the various eduoatlonal 

aI&4 elramoaynary 1n8t1tut10ns . . .- 
489 

..Ronorabla Hall B. Loaan, page 2 

.In our opinion, your Commlsston 18 a State board or 

type oovered by this Artlole and may avail itself of oontraots 

the 

uasuted under the authority or this Artlola. 

The Postwar Eoonomio Plannlq Cwtml88Ion was sreated b 

a aonourrent resolution of the Laglslature, whloh reaolutlou was 

approved by the Oovemor. 

p. 10% 

Wj.R. Ho. 33, Aots 48th Leg., ~.a., 

Psrtinent portions of this resolution read as follo*s: 

*norm, There wlll be approxlmatoly ten million 

(10 000,000) men and WIDB~ in the Armed Services and 

AuxhrittS to returxi to peaoetlme employment after 

tha wsr is over; and 

'.~ WRZREAS, Thsrs will be mllllons of men and wonmn 

to bs transferred from war industries to peaaetlme amploymentj anb 

WRXIDMS . . The magnitude or this undertam 1s 

sUsh that it Gould be-unulse to postpone its st&lF until the war is over; and 

WRJBXEAS, The whole,responsiblllty Or solving 

this problem should not be roroed upon Fadekal otriolals; and 

*WHRREAS, There should be a oontlnulty ot the 

stndy of this 8ubfeot; aad 

.9#BlUB, There has been muoh orltlolsm of aonientration of power in Washlngton'during peaoetlme; 

an6 

'WWUUS, It behooves the States.to bs prapared 

to enaot State laglslatlon and raoomnend Federal legislation dealing with the Postwar eoonomyj and 

*wHRRRAS, Unless proparatlone are made for the 

Postwar period undsslrable eoonomlo poliois oould 

be adopts6 during the oonfuslon; thererore, be it 

ABSOLVED by the House of Rapresentatlvas, the 

Sk& o&~ourring, That a Postwar Eoonozelo Plannlng 

Oom~Isslon be oreated and said Oommlsslon 1s hereby 

arsated. Said Commission shall oonsist or thlrtyone (31) members to be appointed by the Governor of 

Texam~, one member to be beslgnated as Ohkinnnn. Sal4 

malabors will raoelvs no oompensatlon from the State 

~tor servioee rendered. At its first meeting or at a 

time after the first meeting set by then Commlsslon, 

suoh other ottloers as may be desired shall be aleoteu. Said Comarisslon will formulate lta own rules an4 

set the time and plaoe for meetings. One member of 

Bald Ootamisslon shall be a member of ths Texas Yanufaoturers Assoolatfon, one shall be a member of the !UdContinent 011 and Gas Assoolation, one shall be a person 
uonorable Hall ii. Logan, page 3 

who has dsaonetrated his interest in Agrloulture, 

one shall be a nambbr or the Texas Prees Aseoolatlon, 

one &hall be a member ot the Texas Herrepaper Publishers 

Assoolatlon, one shall be a msmbsr or the Amerloan 

Legion, One shall be a member of the Texas Federation 

of Women's Clubs one shall bs a lloensed Engineer, 

one shall be a l~oenaed Arohlteot, one shall'be a memher of the Texas Bar Assooiatlon, ollb shall be a member 

of the Texas State Teaohers Assooiatioa, one shall be 

a member of ths Bast Texas Ohamber of Commerss, oas 

shall bo a member of the South Texas Chamber of Dopameroe ( one shall be a member of the West Texas Chamber 

or' Oomaerce, one shall be a person who has demonstrated 

hls,in%erdst in Labor, one shall be a member of the 

Texan County Judges and Commissioners Assooiatlon, 

one shall be a president or an Institution or higher 

learnfag, ona'shall ba a lllaaber OP the Texas State 

. 

Med~oal Aseooiatlon, one shall be a member of the Texas 

Sheep and Ooat Ralssrs Assoolatlon, one shall be a 

msmbar of the Texas Motor Transportation Assoolation, 

one shall be a mamber or the Texae Good Roads Amoolation, one shall.bo a metier or the Texas Bankers Assoolatlon, on; shall be a member or the Texas Cattle 

Raisers Assooiatlon, one shall be e person who is 

assooiated with the Railroads, one shall be a member 

of tha Texas Lumbermen98 Asaoolatloa, one shall be a 

fasIaber.oi ths Texas Ssnsts, one shall be a member of 

the Tdxss House ot Representatives, and four (4) shall 

be.meabers at large. The Oovernor shall have the power 

to till vaoanoles. It shall be the duty of the Poetwar Eaonomlo Plan&&g Oommlsslon to make a study of the 

Postwar 4oonodo problems* oooperate with other groups, 

loOal, State and Rational, that are studying this subjeot, invite and oonslder sugeestlone from Interested 

ln&l.vibuals, make reportmor its deliberations to the 

publlo, make reoonmea4atlons to pub110 oiflolals, and 

formulate polioles~ Sor any orderly transfer of persons 

ln the Arsied Servloes, Au@laries and war industries 

to peaoetlme employment; .uzl; .I 

! 

,T. In the oase of Terre11 vi King, I& S.W. (2d) 786, objeotlon 

* -de to the payment or State funds to members of a oomalttee 

eated,by the legislature on the grounds, inter alla, that thei 

apittse was oreated by a ooncuxrent resolutlon.rathar than by a 

atute and that the commlttes inciuded persons who were not members 

the -legislature. With reference to these contentions, our Supreme 

k- “~~ said: 
/ 

~. 

*All aooounts Sor printfag done, or stationery Surnlshed, exoept for the Legislature when in seasion, 

ahall be audited la the Sollowiw mannar: The aooounta 

3% verlSled by the atildavlt'ot the oontraotor that 

it IS true and oorrecit, that the amount OS, work charged 

for has aotually been perllormed, or the aotual amount OS 

stationery and supplies have been delivered, and that the 

prl toes oharged la the aooount are in aooordanoe with the 

:- 491 

5 '&anorabLe Hall II. Logan, page 4 

'. 

.~ , 

"The Saot that some m4mbem of ths aommlttee were 

to b6 private oltlzens did not invalidate the rssolutloa. 

The Legislature was olearly empowered to appoint a oommlttee wlth authority to employ all outside help or 

' oounsel needed to aooompllsh the purpose8 oS the proposed lnvestlgatloa and inquiry. Just as olearly was 

the Legislature authorized to oreate a ooamlsslon OS 

nonmembers to lavestlgata all aatters or taxation reSerred to in the rssolutloa~~and to report findings and 

reoommendatlons to a subsequent sssslon oS the Leglslatore . ..Wo less eSSeot should ba given to the designat$on 

oS outside experts by the Governor, by direotlon or~the 

Legislature, than would be given to their designation 

dlreotlp by the Legislature, or its committee duly auXhorlaed. Viewing the resolution as a whole, in the 

light OS ltrr obvious intent, it.provlded Sor a oommlttea 

whloh the Leglalatore was authorized to oreabe in the 

exaralss 0s its oonstltutlonal leglslatlve power. 

I’ *It is no longer an open question in Texas that a 

joint resolution OS both houses, approved by the Governor, 

rerleots the oommand and will of the state in one oS the 

modes prssorlbed by ths Oonstltutlon, and is as bindlag 

as a statute. Slaoe the Tax Survey Comatittee was to Sunotlon only temporarlIy, a resolution OS both houses, approved by the Oovemor,~was thd &at appropriate method 

by whlsh to oreate the ooamlbtee and darlne its duties 

'and rinan00 its operations. . ." i 

Under the lmplioatioas OS this oasa, we Se61 that the 

': Postwar IlOoaomlo Planning Commission is not a mere private organl- 

.' Ution bearing-the endorsement oS ,the Legislature and oS the Gov1 iraor; rather, we reel, ths Commission is a regula~rly oreated 

' @enuy oS the State, exlstlag by virtue oS the State and exerolsj:.h powers oonierred upon it by the State. 

With reiereaoe to the method ot handling printing asoounts, 

: Ml016 615 V.A.O.S., plVVid48: 
492 

iiosomble Hall B. Wean, page 5 

stipulations oS the oontract. The aooount shall be 

aooompanled by a 8+3IplS OS the.WOrk done, and a reaslpt from the departiuanto whlah the goolcware delivered. The aooount shall be examined by..the ChieS 

or the Division OS Publlo PriUtlng, and, when oertlrled by hIa as oorreot, spprorad by the dlapartm& 

to whloh delivery was made. After hawing bean bhus 

examIns and approved, tha boniptroller shaU issue 

his warraht for gaymont 0r aoeount out of r-8 appropriated for that purpose.* 

Slno~ your CominIsslon reoelvee no approprlatlon, it 

wIli be lmpossIble Sor tha exaot terms of hrtlole 615 to be SolIswad In the.proauremeat OS your printing supplies. Ia our opinion this Saot does not prevent the OosnnImifon: rroln a.r~lllng it- : 

Srlr OS State oontraots, and the dlSSioulty may be ovlated by 

having the epprovqd aooounts subtitted to the Cormaisslcm and by 

having paymsats made d+sotly by it. 

wb are 

Trusting that the SoregoIng Sully answers your inquiry, 

Youta very truly, 

ATTORREY GIBERAL OF TEXAS 

By~~-k-,-&&? 

R. Dean Hoorhead 

Assistant 

-