Honorable Don Kennard, Chairman 

Interim Committee on Migrant Labor 

4032 Eldridge 

Fort Worth, Texas 

Opinion NO. WW- 1448 

Re: Whether it is legal under 

the provisions of Article 

5429f, Vernon's Civil Statutea (the Legislative Reorganization Act 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 (the Legislative Reorganization Act of 1961). 

The Interim Committee on Migrant Labor was established by House Simple Resolution No. 164 which was passed by the 

3rd Called Session of the 57th Legislature. The pertinent provisions of the Resolution establishing the Committee are set 

forth below: 

"RESOLVED by the House of Representatives of the State of Texas, That there is 

hereby created a special Interim Committee 

on Ml rant Labor with membership as follows: 

Five 'f 5) Members of the House of Representatlvea, to be appointed by the Speaker; and be 

it further 

"RESOLVED, that the Committee shall hold 

public hearings In Austin, Texas, shall study 

and consider both interstate and intrastate 
Hon. Don Kennard, page 2 (~~-1448) 

aspects of the problems of migratory 

labor, the co-ordination of agencies' 

services in the State and between states, 

and the co-operation between local, state, 

and national governments; and be it further 

I, 

. . . 

"RESOLVED, That the Committee ahall present its report resulting from the study, 

together with findings and recommendations, 

to the Legislature at its next Regular Session; and, be it further 

"RESOLVED, That no State funds from any 

source will be expended on the expense of 

House Members." 

A generally analogous situation was presented and dealt 

with in Attorney General's Opinion No. NW-1223 (1961). In 

that opinion it was held that the provisions of Article 524gf 

prevailed over what could be stated to be the intent of the 

House in deliberately failing to provide travel expenses for 

the 'House Committee on Escheat Laws. The primary principle 

expressed In Opinion No. WW-1223 was 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 5429f which 

pertain to the present question: 

"Sec. 7. Each House of the Legislature 

acting Individually, or the two Houses acting 

jointly, shall have full power and authority to 

provide for the creation of special committees 

to perform such functions and to exercise such 

powers and responsibilities as shall be 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 limitations as may be imposed In 

L Lhe Resolution creating such special committee, 

and shall have such other and additional powers 

and authority as may be delegated to it by the 

Resolution creating the committee, subject to 

the limitations of law. pmphasls suppliedJ 
Hon. Don Kennard, page 3 (~~-1448) 

II 

. . . 

"Set,. 20. Members of all committees 

of either House of the Legislature, or the 

Joint Committees 'of the two Houses, shall 

be reimbursed for their actual,and necessary expenses incurred while engaged in the 

work of the Committee and while traveling between their places of residence and the places 

where meetings of such Committees are held. 

Such reimbursement to members of the Committee 

shall be authorized only when 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 shall be approved by the Chairman of 

the Committee and by the presiding officer of 

the respective House, before payment shall be 

authorized." 

It would seem clear that , pursuant to Section 7, the 

Interim Committee could have only the powers and authority 

granted by the House. The Committee is subject to any and all 

limitations that may be imposed in the Resolution creating 

such special committee. Thua, we must say that it ia within 

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 limitations upon an interim committee. The House has seen fit to impose a limitation regarding expense accounts upon the Members of this Committee. Section 20 does not mean that all committees must 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 is well 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. House 
Hon. 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 Resolution authorizing an 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