E ORNEY GENE
OF EXAS

Honorable James M, Cotten Chairman, Committee on Appropriations House of Representatives Austin, Texas Opinion No. W-1046

Re: Whether any members of the Legislatureare entitled to
a portion of the annual salary for the period from the effective date of Section 24 of Article III of the Texas Constitution to the convening of the 57th Legislature,and Mr. Cotten: related questions.

You have requested an opinion on the following questions:
"1, Are any members of the Legislature entitled to a portion of the annual salary for the period from the effective date of the amendment to the convening of the 57th Legislature?
“2. If the answer to the first question above is in the affirmative, is enabling legislation necessary to provide for these salaries,
or will an appropriation for these salaries in the general appropriationbill of the 57th sessionbe sufficient?
“3. If the answer to the first question is in the affirmative,which members of the Leglslature are entitled to the salary payment, the hold-over members whose terms of office expired, under the Constitution,at the date of the electfon of their successorbut who under the provisions of the Constftution held over in office until their successors qualified, or the members newly elected In the the November 1960election?I.

Honorable James M. Cotten, page 2 (~~-1046)

"4, If the answer to question (3) is the newly electedmembers, is it necessary that they have qualiffed fop office by taking the constitutionaloath during the period from the effectfve date of the amendment to the convening of the 57th Legislature?"

Section 24 of Artfcle III of the Constitution of Texas,
as amended at the General Election held on November 8th, 1960, provides as follows:

"Members of the Legislature shall receive from the Public Treasury an annual salary of not exceedin

($4, 8 Four Thousand, Eight Hundred Dollars 0O)'peryear and a per diem of not exceeding Twelve Dollars ($12 first one hundred and twenty 1 per day for the 120) days only of each Regular Session and for thirty (30) days of each Special Sessfon of the Legislature. No Regular Sessfon shall be of longer duration than one hundred and forty (140) days.

"In addftion to the per diem the Members of each House shall be entftled to mileage in going to and returning from the seat of government, which mile% e shall not exceed Two Dollars and Fifty Cents (

$2,5O) for every twenty-five (25) miles, the distance to be computed hy the nearest and most direct route of travel, from a table af dfstances prepared by the Comptroller to each county seat now or hereafter to be established;no Member to be entftled to mileage for an one (1 "Iextra Sessfon that may be calledwithin day after the adjournment of the Regular
or Called Session." (Emphasisadded).

It is noted that the underlIned portion of the abovequoted constitutionalamendment makes it mandatory that members of the Legislature receive an annual salary. Therefore, in answer to your first question,you are advised that members of the Legislatureare entitled to an annual salary beginning at the effectfve date of the amendment (November 25, 1960, the date of the canvassing of the returns of the General Electfon held on November 8, 1960).

We assume by your second question that you desire to know whether the provisions of Section 24 of Article III,Honorable James M. Cotten, page 3 (~~-1046)

as amended, constitute pre-exfstfng law, authorizing the Legfslature to make an appropriation for the payment of the annual salary provfded therein. Since the constitutional amendment speciffcally states that members of the Legfslature shall recefve from the public treasury an annual salary of not exceeding $4,800 per year, you are advised that such language constitutes pre-existfng law authorizing an appropriationby the 57th Legislature for the payment of such annual salary.

An answer to your thfrd and fourth questions depends
on the date that an indfvfdual qualified as a member of the Legfslature, In other words, ff an indfvldual member of the 57th Legfslature qualffiedprior to canvassfn of the returns of the electfon held on November 8th, 8 19 0, he would be entftled to the compensationprovfded fn Section 24 of Article III, as amended, until hfs successor qualifies for office. On the other hand, if an fndividual member did not qualffy untfl some date subsequent to the canvassing of the returns of the General Electfon held on November 8th, 1960, h%s predecessor in officewould be entftled to the compensatfonprovided for fn Sectfon 24 of Article III of the Constftutfon of Texas, as amended, until such time
as the successor of such fndfvfdualhad qualiffed.

You are, theref

or,e# advfsed Sn answer to questions Nos. 3 and 4# a newly eleoted member of the Legfslaturewho d%d not qualffy until the convenfng of the 57th Legislature would not be entftled to the constftutfonal salary prior to the date of h%s qualfffcation,but the hold-over member whom the newly elected member succeededwould be entitled to the constitutional salary prior to the date his successor qualified,
Summarizing OUP holding herefn, you are advised that members of the Legfslature are entitled to the constitutional salary, per d%em and expenses provfded therein, from the effective date of the amendment adopted at the electfon held
on November oth, 1960 (to-wft:November 25, 1960, the date of the canvassing of the returns). Newly elected members
are entftled to the constftutfonal salarywhen they qualify for office and may not receive the constitutional salary for any oeriod of time pr%or to the date they qualify for offfce. Sold-over members are entftled to the constitutional salary from the date of the canvassfng of the returns

### HonorableJamesM. Cotten,page 

### 4 (~~-1046)



### of theGeneralElectfonheldon Novembers 8,. 1960. .MembOrs of .theLegislature whowere not re-electedto oriloewill receivethe constitutional Salaryfrom thedateof the canvaasln

8 of the returnsof theGeneralEleotlonof November th, 1960,to thedate that thenewlyelected memberqualifiesfor office,

SUMNARY


### Seotion24 ofArticleIII of 

### the Constitution 

### of Texas, 

### as amendedat theGeneral ElectionheldNovember8th, 196C,,oonstl

### tuteepre-existinglaw,authorizingthe Legislatureto appropriatemoneyfor the purposeof payfngthe compensation and expensesprovidedthereinto qualified membersand it Is not necessarythatany enablinglegislationotherthanan appropriationbe enacted,

Yoursvery truly,

WILLWILSON AttorneyGeneralof Texas

JohnReeves Assistant

APPROVED:

OPINIONCOMMITTEE W. V. Geppert,Chairman
HenryG.'B+aSwell C. DeanDavis EdwardA. Cazares

REVIEWEDFOR THE ATTORNEYGENERAL BY: LeonardPassmore