OF TEXAS 

May 3, 1974 

The Honorable Gene Riddle Brownrigg Opinion No. H- 294 

Executive Director 

American Revolution Bicentennial Commission 

of Texas Re: Whether members of the 

P. 0. Box (2366 American Revolution 

Austin, Texas 78711 Commission are entitled 

to the twelve-cent mileage reimbursement 

afforded members of the 

Legislature in House Bill 

Dear Ms. Brownrigg: 139, 63rd Legislature 

The American Revolution Bicentennial Commission was created by 

a statute enacted in 1969 (Acts 1969, 61st Leg., R..S., ch. 868, p. 2620), 

now found as Article 6145-8, Vernon’s Texas Civil Statutes. 

Section 1B’protides: 

“Members of the commission shall be reimbursed 

for mileage and per diem only, and shall receive no 

other compensation, perquisite or allowance. The mileage shall be the same as allowed to members of the Legislature, to wit, ten cents per mile. . . .” 

The temporary Appropriations Act for September I, 1969. to October 

31, 1969 (Acts 1969, 61st Leg., 2d C.S., ch. 49, p. 221) allowed members 

of the Legislature the same ~mileage allowance as provided for other State 

officials and employees, i. e., tencents per mile [Ibid. Article V, 5 13(a) and 

$16(d)]. The same rates were maintained in the Appropriations Acts for fiscai1970 and 1971 (Acts 1969, blat Leg., 2d C.S., ch. 50, p. 623); for fiscal 

1972 (Acts 1971, 62nd Leg., R. S., ch. 1047, p. 3421) and for fiscal 1973 (Acts 

1972, 62nd Leg., 3rd C.S., ch. 1, p. 15). 

p. 1370 
The Honorable Gene Riddle Brownrigg, page 2 (H-294) 

However, the General Appropriations Act for fiscal 1974 and 1975 

(Acts 1973, 63rd Leg., ch. 659, p. 1786) allows a mileage rate of 12 cents 

per mile, not only for members of the Legislature [Article V. § 15(c), p. 

22071 but also for state employees [Article V, 5 12(a), p. 22041. 

The Appropriations Act for fiscal 1974 and 1975 (supra) does contain 

an appropriation for your commission for travel expenses, but there is no 

legislation, general or special, other than the quoted provisions of Article 

6145-8, V. T. C. S., bearing upon the mileage allowance to be granted Commission members. 

Your question is whether the Commissioners are entitled to the 12- 

cent mileage. 

In construing the language of Article 6145-8, V. T. C. S., which we 

have quoted, our ,duty is clear. In Trimmier v. Carlton, 296 S.~W. 1070 

(Tex. 1927), the Supreme Court, when faced with a similar problem, said: 

“Statutes which refer to other statutes and make 

them applicable to then subject of legislation are called 

‘reference statutes, ’ and are a familiar and valid mode 

of legislation. The general rule is that when a statute 

is adopted by a specific descriptive reference, the adoptlon takes the statute as it exists at that time, and the 

subsequent amendment thereof would not be within the 

terms of the adopting act. But when the language of the 

adopting act is such as to evidence an intention on the 

part of the Legislature that the act as it then existed and 

as it might thereafter be amended was to be adopted,.then 

the courts will give effect to that intention, and theadopted 

act and amendments thereto will be held to be within then 

meaning of the adopting act and to govern the subject 

matter thereof. . . .‘I (296 S. W. at 1074) 

See also St. Paul Mercury Ins. Co. v. Billiot, 342 S. W. 2d 161 (Tex. Civ.App., 

Beaumont, 1960, err. ref’d.); Sutherland Statutory Construction (4th Ed. 1973) 

$51.08, p. 324. 

p. 1371 
The Honorable Gene Riddle Brownrigg, page 3 (H-294) 

Had the statute in question provided no more than that members of 

the Commission were to receive the same mileage as allowed to members 

of the Legislature, we would have had little difficulty in concluding that, 

as the allowance of the Legislature rose, so also did the allowance to the 

n-embers of the Commission. 

But, the Legislature in enacting Article 6145-8 was not. content to 

refer to the legislative allowance. Instead, it added the words: “to wit, 

ten cents per mile.” 

“To wit” means “that is to say; namely. ” Blacks Law Dictionary 

(4th Ed. 1951); Webster6 International Dictionary (3rd Ed. 1967). And see 

cases collected 4lA. Words and Phrases, “to wit, ” p. 450. 

As we read Article 6145-8, “ten cents per mile” defines more specifically what was meant by the preceding phrase. It is our conclusionthat 

the Legislature intended that members ,of the Commission receive ten cents 

per mile until and unless specifically changed by legislative enactment. 

SUMMARY 

Under present legislation, members of the 

American Revolution Bicentennial Commission are 

to receive ten cents per mile reimburse,ment for 

the use of their private automobiles on official business. 

Attorney General of Texas 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1372