# 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 tothe twelve-cent mileage reimbursement afforded members ofthe Legislature inHouse 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 ofthe 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 ofthe Legislature, towit, tencents 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 ofthe Legislature the same ~mileage allowance as provided for other State officials and employees, i.e., tencents per mile [Ibid. Article V, 513(a) and $16(d)]. The same rates were maintained in theAppropriations 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. 1370The 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 12cents per mile, not only for members ofthe Legislature [Article V. §15(c), p. 22071 butalso for state employees [Article V, 512(a), p. 22041. The Appropriations Act for fiscal 1974 and 1975 (supra) does contain an appropriation for your commission for travel expenses, butthere is no legislation, general or special, other than the quoted provisions ofArticle 6145-8, V. T. C.S., bearing upon the mileage allowance tobe granted Commission members. Your question is whether the Commissioners are entitled to the 12- cent mileage. Inconstruing the language ofArticle 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 thensubject oflegislation are called
‘reference statutes, ’and are afamiliar andvalid mode oflegislation. The general rule is that when a statute is adopted by a specific descriptive reference, theadoptlon takes the statute as it exists at that time, and the subsequent amendment thereof would not be within the terms ofthe adopting act. But when the language ofthe adopting act is such as to evidence an intention onthe part ofthe Legislature that the act as it then existed and as it might thereafter be amended was tobe adopted,.then the courts will give effect to that intention, and theadopted act and amendments thereto will beheld to bewithin then meaning ofthe adopting act and togovern 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. 1371The Honorable Gene Riddle Brownrigg, page 3 (H-294)

Had the statute in question provided no more than that members of the Commission were toreceive the **same** mileage as allowed to members of the Legislature, we would have had little difficulty in concluding that, as the allowance ofthe Legislature rose, so also did the allowance tothe n-embers ofthe 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. Itis our conclusionthat the Legislature intended that members ,ofthe Commission receive ten cents per mile until and unless specifically changed by legislative enactment. SUMMARY Under present legislation, members ofthe American Revolution Bicentennial Commission are to receive ten cents per mile reimburse,ment for the use oftheir private automobiles on official business.

Attorney General of Texas

DAVID M. KENDALL, Chairman Opinion Committee

p. 1372