Untitled Texas Attorney General Opinion ( 1958 )

February 28, 1958 Honorable Robert S. Calvert, Comptroller of Public Accounts, Capitol Station, Austin, Texas Opinion No. ``-380. Re: Under the provisions of House Simple Resolution No, 400, 55th Legislature, Regular Session, 1957, creating a General Investl- gating Committee, may the person employed as Legal Counsel for the Investigat- ing Committee be reimbursed for mileage In traveling to the City of Austin and return to his home? May he be re- imbursed for meals and lodg- ing while performing his duties for the Committee Dear Mr. Calvert: while In the City of Austin? You have requested the opinion of this office on the followlng questions: (1) Under the provisions of House Simple Resolution 400, 55th Legislature, Regular Session, 1957, creating a General Investigating Committee, may the person employed as Counsel be reimbursed for mileage in traveling to the City of Austin and return to his home? (2) May he be reimbursed for meals and lodging while performing Ns duties for the Committee while in the City of Austin?' We are advised that at the time of employment of Mr. William B. Nance as Legal Counsel for the General Investigating Committee, which was created pursuant to the provisions of House Simple Resolution No. 400, 55th Legislature, Regular Session, 1957, it was agreed that Mr. Nance would maintain his home base in Dallas, Texas. We are further advised that the Committee ‘.. - Honorable Robert S. Calvert, Page 2 (``-380). made an agreement with Mr. Nance that he was to make only those trips out from Dallas in connection with this employment which were necessary to perform his duties as Legal Counsel for the Committee, and which trips were authorized by the Committee. It was also agreed that Mr. Nance would be compensated for all such trips away from Dallas while performing these duties. Section 6 of House Simple Resolution No. 400, 55th Legislature, Regular Session, 1957, provides in part: "The Committee shall have authority to employ and compensate assistants to assist in any investi- gation, to assist In any audits, and to assist in any legal matters where, for any reason, it is necessary to obtain such services 0 e *" (Etiphaslsours) Section 8 of the above cited Resolution contains the following provislon: II . . . Comoensatlon of the Committee's emolovees. expenses incurred by members of the Committee,‘anh all other expenses of the Committee, shall be paid out of the appropriation for mileage and per diem and contin- ent expenses of the 55th Legislature s s -" Emphasis ours~) It Is a fundamental rule of decision, as ,well as law, that a public officer or functionary, who is clothed with any power of government, may not delegate those powers to another. However, the procuring by such officer of aid and assistance of others as authorized by House Simple Resolution 400, 55th Legis- lature, Regular Session, 1957, Is not tself a delegation of any of the Committee~spowers. It is, her, a mere method whereby the Committee obtains assistance-of a special nature as an aid iti the exercise of its own lawful powers. Attorney Gen- eral's Opinion O-5245. We think it clear that the above quoted provlslons of Sections 6 and 8 of House Simple Resolution 400, 55th Legislature, Regular Session, 1957, constitute express authorization for the employment of legal counsel for the committee here Involved, and for payment of the expenses incurred by such counsel while per- forming the necessary duties incident to the work for which he was employed. !Phisauthority was properly implemented by the terms of employment of the Committee Counsel as set forth above. Honorable Robert S. Calvert, Page 3 (``-3801. This opinion should not be construed as holding that a resolution has the force and effect of a law as introduced by bill. To the contrary, it is clear that a dintinction exists between resolutions and laws, and they are not to be placed in the same category. Conley v. Texas Division of United Daugh- ters of the Confederacy lb4 S W 24 (T Civ A 1913) error re .; National Biscuit 60. v. &.te, 127S.W. 2d Ef;i'(Tex.Civ. APP., 1939) no writ history. We are of the opinion that the person employed as Legal Counsel for the General Investigating Committee, which was created by House Simple Resolution 400, 55th Legislature, Regular Session, 1957, may be reimbursed for mileage in travel- ing to the City of Austin, and for return to his home, as well as for meals and lodging while performing his duties for the Committee while in the City of Austin, if such reimbursement is paid out of the appropriation for mileage and per diem and con- tingent expenses of the 55th Legislature in compliance with the provisions of Section 8, House Simple Resolution 400, 55th Legls- lature, Regular Session, 1957. SUMMARY Under the provisions of House Simple Resolution No. 400, creating a General Investigating Committee, the person employed as Legal Counsel for the Committee may be reimbursed for mlle- age in traveling to the City of Austin and return to his home, and for meals and lodging while performing his Committee duties while In the City of -_ - Honorable Robert S. Calvert, Page 4 (``-380). Austin, If such reimbursement is paid out of the appropriation for mileage and per diem and contingent expenses of the 55th Legislature. Yours very truly, WILL WILSON Attorney General of Texas B. H. Timmins, Jr. Assistant BHT:jl:pf APPROVED: OPINION COMMITTEE Geo. P. Blackburn, Chairman Cecil Rotsch Jack Goodman Houghton Brownlee, Jr, John Reeves REVIEWED FOR THE ATTORNEY GENERAL By: W. V. Geppert.