Honorable Don Kennard, Chairman

Interim Committee on Migrant Labor 4032 Eldridge Fort Worth, Texas OpinionNO. WW- 1448

Re: Whether it is legalunder the provisions of Article 5429f, Vernon's Civil Statutea (theLegislativeReorganizationAct of 1961), to expend funds for travel reimbursement of House Members who are serving on the Interim Committee on Migrant Dear Mr. Kennard: Labor.

You have requested the opinion of this office as to the legality of the payment of travel funda for House Members who are serving on the Interim Committee on Migrant Labor, in view of the provisions of Article 5&29f,Vernon's Civil Statutes (theLegislativeReorganizationAct of 1961).

The Interim Committee on Migrant Laborwas established by House Simple ResolutionNo. 164which was passed by the 3rd Called Session of the 57th Legislature. The pertinentprovisions of the Resolution establishing the Committee are set forth below:

"RESOLVEDby the House of Representatives ofthe State of Texas, That there is hereby created a special Interim Committee
on Ml rant Laborwith membership as follows: Five 'f 5) Members of the House of Representatlvea, to be appointedby the Speaker;and be it further
"RESOLVED,that the Committee shallhold public hearings In Austin, Texas, shall study and considerboth interstateand intrastateHon. Don Kennard,page 2 (~~-1448)

aspects of the problems of migratory labor, the co-ordinationof agencies' services in the State and between states, and the co-operationbetween local, state, and nationalgovernments;and be it further I,

. . . "RESOLVED,That the Committee ahallpresent its report resulting from the study, togetherwith 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."

A generally analogous situationwas presented and dealt with in Attorney General's OpinionNo.NW-1223 (1961). In that opinion itwas held that the provisions of Article 524gf prevailed overwhat couldbe stated to be the intent of the House in deliberately failing to provide travel expenses for the 'HouseCommittee on Escheat Laws. The primary principle expressed In OpinionNo. WW-1223was that a resolution could not operate to amend a statute. The situation that obtaina in regard to the Interim Committee on Migrant Labor is considerably different.

Quoted below are the provisions of Article 5429fwhich pertain to the present question:

"Sec. 7. Each House of the Legislature acting Individually,or the two Houses acting jointly, shallhave full power and authority to provide for the creation of special committees to perform such functionsand to exercise such powers and responsibilitiesas shallbe determined in the Resolution creating such committee. During the life of a special committee, it shall have and exercise the same powers and authority
as are herein granted to standing committees, subject to such limitationsas may be imposed In L LheResolution creating such special committee, and shallhave such other and additionalpowers and authority as may be delegated to it by the Resolution creating the committee, subject to the limitations of law.pmphasls suppliedJHon. Don Kennard,page 3 (~~-1448)

II

. . . "Set,. 20. Members of all committees of either House of the Legislature, or the Joint Committees 'ofthe two Houses, shall be reimbursed for their actual,and necessary expenses incurredwhile engaged in the work of the Committee and while travelingbetween their places of residence and the places where meetings of such Committeesare held. Such reimbursement to members of the Committee shallbe authorized onlywhen the Legislature is not in session,unless otherwise directed by the House of the Legislature creating such Committee. All such expenses of the Committee and hits

members shall be paid from the appropriation for mileage and per diem and the contingent expenses of the Legislature. All such expenses shallbe approved by the Chairman of the Committeeand by the presiding officer of the respective House, before payment shallbe authorized."

Itwould seem clear that,pursuant to Section 7, the Interim Committee couldhave only the powers and authority granted by the House. The Committee is subject to any and all limitations thatmay be imposed in the Resolution creating such special committee. Thua, we must say that it iawithin the, power of the Houae to create a committee that would not have authority to Incur expenses. The statute clearly authorizes the imposition of many limitationsupon an interim committee. The House has seen fit to impose a limitation regarding expense accountsupon the Members of this Committee. Section 20 does not mean that all committeesmust always receive expense accounts. Had the House not expressly forbade the collection of expense accounts, then the terma of Opinion No. WW-1223 would have controlled. Here, in the particular Interim Committee Resolution involved,we have an express refusal to permit payment of expense funds. It iswell within the authority of the House to create such a committee.

SUMMARY

House Members who serve on the Interim Committee on Migrant Labor, created pursuant to House Simple Resolution No. 164, 57th Legislature,may not receive State funda for travel reimbursement. HouseHon. Don Kennard,page 4 (~11-1448)

Simple Resolution

.._ . No. 164 expressly forbids tne payment of such funds, and Sections 7 and 20 of Article 5429f,V.C.S., permit the House to include such an exclusion in the Resolutionauthorizingan interim committee.

Yours very truly,

WILL WILSON Attorney General of Texas

MLQ:ms

APPROVED:

OPINION COMMI!l"l?EE Howard W. Mays, Chairman

Bill Allen ScrantonJones Robert T. Lewis

REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore