between legislativeand personalexpensehas been definedas follows:
"It is believedthat the matter of Legislativeand personalexpensemay be reationallzed as follows. Legis- lativeexpense is that incidentto the workingsof the r -
Hon. W. W. Glase, page 3 (~~-563)
Legislatureas an actual law-makingbody, as a whole, as the Legislatureitself,when in session;througha specialcommitteedelegatedby the Legislaturewhile in sessionto work on a legislative matter betweensessions; throughpersonnelemployedto closematters after adjournment;or throughemployee6maintainedbetween sessionsfor the care of the legislativehalls or for maintenanceof a centralofficeor clearinghouse for legislative matters betweensessions. These expenses are for the mutual benefitof all members--forthe Legls- lature itself.
"Personalexpense,on the other hand, is that in- curred,or which may be incurred,by a Member between sessionsworkingunder his own will, in his own dis- cretionand as a matter of individualenterprise--notas a part of the Legislaturein sessionor under extraordi- nary assignmentfrom the body betweensessions." Attorney Generals'OpinionsWW-148,WW-131, and o-3778.
In House Bill 89 submittedwith your request,the term "legis- lativeexpense"has been defined,and that definitionincludesexpenses "throughthe electivemembers'acting,during the interim,in their officialcapacityas members of the Legislaturein the performanceof dutiesnecessaryto the proper conductof the businessof the Legls- lature." This definitionof the legislativeexpensewould not only authorizea member of the Legislatureto be paid expensesincurredas : a resultof extraordinary assignmentfrom the Legislaturebetween sessions,but would also authorizepaymentof expenseswhich may'be incurredby the member workingunder his own will in his own discretion,~ and not pursuantto any particularassigomentof the Legislaimre. To this extent it would authorizethe paymentof personalexpensesand would therebyconstitutean increasein the compensationof the member of the Legislaturein excess of that permittedin Section24 of Article III of the Constitutionof Texas. It is thereforeour opinionthat House Bill 89, as written,au.thorizesthe expenditureof publicmoneys in excessof the amount limitedby Section24 of ArticleIII of the Constitutionof Texas and is thereforeunconstitutional.
SUMMARY
Insofaras House Bill 89 authorizesthe paymentof expensesincidentto the workingsof the Legislatureand throughspecialcommitteesdelegatedby the Legislature and throughpersonnelemployedto closematters after adjournmentand throughemployeesmaintainedbetweenaes- aions for the care of the legislativehalls or for main- tenanceof a centraloffice or clearinghouse for legis- lativematters betweensessionsand the paymentof eon. W. w. Glass, pge 4 (w-563)
telephozieexp&nsesincidetit thereto 'HouseSill'89 is oonstitu~ional; that portionOf House siu8g' which &uthorizesthe paymentof expeneeawhich may be itiourredby a msmber~betweehsessionsworking, not as a pert of the Legislaturein eessiotior under an aesigtmentPram the Legislaturebetween eeeaione,is in violationof Section24, Article III, Constitutionof Texas.
Yours very truly,
WIU WIISON AttorneyGeneralof Texas
AFPRovND:
OPImIOIJ COMuITTgE
Gee. P. Blackbnm, Chainnan
J. Milton Richarason L. P. Iollar LeonardPassmore Wm. It.Hemphill George C. Reed
REVlEUEDFORlSEATTORSYGENE%L
BY: W. V. Geppert