THE ATTORNEY GENERAL
OF TEXAS
AUSTIN,,.TBXAW WILL WILSON
January 12, 1960
HonorableBen Ramsey,Chainaan Texas LeglalatlveBudget Board and Texas LegislativeCouncil State Capitol Austin,Texas OpinionMO. WW-777
Re: Are members of the Texaa IegielativeCouncil and the Teas Legislative Budget Board entitledto receivereimbursementfor actual expenseswhen travel- Dear Mr. Rsmaey: ing on offlolalbusiness.
You have requestedan opinionon the followingquestion:
"Are members of the Texas Legislative Counciland the LegislativeBudgetBoard entitled to receivereimbursement'fortheir actualmeals, lodgingand incidentalexpenseswhen travelingon officialbusiness . . .' as ia providedin Section 36 of ArticleV of the generalappropriation act; or are they restrictedto a per diem of eight dollare bg virtue of the languagecontainedin Section6A of Chapter 1, Acts of the 56th Legislature,1959,Regular Session,aa such Act wae amendedby Sec. 3 of Chapter 16, Act6 of the 56th Legislature,1959, 3rd CalledSession."
In AttorneyGeneral's Opinion~~-776 (1.960) it was held that:
"Membersof the 56th Legislatureservingon interimcommitteeswhile travelingon officialbusiness within the State are limitedby the provisionsof House Bill 14, Acts of the 56th Legislature,Third Called Seeslon,Chapter 1.6,page 395, to $8 per day and 8$ per mile for travel." HonorableBen Ramsey, page 2 (W- 777)
In view of the foregoing,the answer to your questionia dependent upon whethermembers of the Texas LegislativeCounciland the Legislative Budget Board are servingon interimcommitteesof the Legislature.
The LegislativeCouncilwas created in 1949 by the provisionsof Article 5429b,Vernon'sCivil Statutes,and is composedof "five Senators to be appointedby the Presidentof the Senateand ten Representatives to be appointedby the Speaker of the House of Representatives.The presi- dent of the Senate and Speakerof the House shall aleo be ex-officiomem- bers of the Council,and the Presidentof the Senate shall be its Chairman and the Speakerof the House its Vice Chairman."
The LegielativeBudget'Boardwascreated in~1949by the provisions of Article >42gO,Vernon'sCivil Statutes,and is composedof "the Speaker of the House of Repreeentatlves and four (4) members of the House of Repreaentativee who shall be appointedby the Speaker,one of whom shall be the Chairmanof the Appropriations Conrmitteeand one of whom shall be the Chairmanof the Revenueand TaxationConrmittee, and of the Lieutenant Governorand four (4) members of the Senate,who shall be appointedby the LieutenantGovernor,one of whom shall be the Chairmanof the Finance Committeeand one of whom shall be the Chainaanof the State AffairsCom- mittee."
It is noted that the State LegislativeCounciland the Legislative Budget Board are separateagenciesof the State createdby statutesduly enactedby the Legislature; Therefore,it is our opinionthat neither the Texas LegislativeCouncilnor the legislativeBudgetBoard oonetitutes an interimcommitteewithin the meaning of House Bill 14, Acts of the 56th Legislature,Third Called Session,1959; Chapter 16, page 395.~ Further- more, we are supportedin this opinionby the provisionsof Section7 of Article 5429b,Vernon'sCivil Statutes,readingas follows:
"The Chai- and Vice Chairmanof the Council and all membera thereofehall be reimbursedfor all neoesaarytravelingand other expensesincurredrthe performanceof their duties; and the Council shall de- terminethe salariesof its assistantsand employees." (Emphasisadded).
Furthermore,the limitationsaa to tie per diem are limitedto mem- bers of the Legielatureservingon interimcommitteea"of the Fifty-sixth Legislature."
You are, therefore,advisedthat members of the Texas Legislative Counciland the LegislativeBudget Board are entitledto receivereimburse- ment for their actualmeals, lodgingand incidentalexpense8when traveling - .
HonorableBen Ramsey,pace 3 (w- 777 1
on