Untitled Texas Attorney General Opinion ( 1957 )

THEA~O~EY GENERAL
OFTEXAS
September 30, 1957
Honorable Robert S. Calvert
Comptroller of Public Accounts
Capitol Station
Austin 11, Texas
Opinion No. WW-266
Re: Whether prior Opinions
of the Attorney General
concerning the expenses
incurred for telephone
and telegraph charges by
members of the House of
Representatives apply to
the Speaker of the House
as well as other members
Dear Mr. Calvert: and related questions.
In your request for an opinion of this office you
pose the following questions:
"1. Should the holdings in prior Attorney
General's Opinions concerning the incurring of
telephone and telegraph expenses by Members of
the House of Representatives be applied to the
Speaker of the House Of'Representatives?
"2. Does your ruling as to the purchase of
stationery and supplies incurred by Members of
the House of Representatives apply to the Speaker
of the House?
"3. May the Comptroller issue a warrant to
pay the salary of a secretary to work in and main-
tain the office of the Speaker in the State
Capitol when such person is carried on the payroll
as an interim employee and is designated as Secre-
tary to the Speaker?
"4. May the Comptroller issue a warrant for
payment out of the contingent funds of the 55th
Legislature long distance and rental charges of
the Water Resources Committee created by House
Bill 454, Acts of the 53rd Legislature?'
Honorable Robert S. Calvert, Page 2 (``-266)
The prior Opinions to which you refer in Question
1 are: o-3778 (lg41), MS-43 (lg53), W~-131 (1957), ~1-148
(1957) and WW-177 (1957).
The prior rulings to which you refer in Question 2
are Attorney General's Opinions 0-3778 (1941) and W-177
(1957).
The members of the House each Regular Session
elect from among their number one member to serve as Speaker
of the House during the present session an~duntil the next
Regular Session.
The duties of the Speaker are many and cover a
variety of fields. He presides over the House as a whole
during the sessions of his two-year term of office. He
appoints House members to the various committees. He names
the Committee Chairmen. He hires the employees of the House
and has supervisory responsibilities over their work; and he
has the right to discharge any of them. The Spea.kerhas
general control, except as provided by law, of ,theHall of
the House, its lobby, galleries, corridors, passages and
unappropriated rooms in that part of the Capito.1assigned
to the use of the House.
Throughout the Rules of the House the Speaker is
trea,tedsomewhat diff'erentlvthan is a "Member" of the Hsuse.
There are nmnemus dutiea assigned to the Speaker which con-
tinue after --..-
sine _..-_
dLe adjournment of the House.
A study of House Si!:iple
Resol,utionNo. 479, a.;
passed by the House of Re[:??eaenI.ati.ve
s of the 55th iegic;; ,?S~!~ii7g:,,
sets forth numerous duties the Speaker is to perform fo:ii;u?lng
sine d~ieadjournment. Under House Simple Resolution 475, t,l:e
-_
Speaker of the House, after sine d,ieadjournment is to bc in
charge of the Hall of the House, Committee Rooms, and o,ther
rooms and the furniture, f'ixt.ures,
quipment and o,the!~a records
of the House. He is provided with authori~tyto repaLr,
restore or replace any furniture.,~;?~:~i``
‘i,'s,
etc., that he
deems necessary to the dignity anti,', i-1appearance of the
House, Committee Rooms, Speaker's OPfice and Apartment, and
ot:herHouse space. Between sessions, House Simple Resolution
&(9 authorizes the Speaker, and employees designated by him
to purchase items necessary for performance oi:I-;
I',:;.:ed
to the Water
Resources Committee "oustof the -rex.perdedbalance in the
appropriation for necessary travel expense of members of the
Water,Resources Committee, out of the General Revenue Fllndof
Texas in Rouse Bill No. 140, Acts 1355, the sum of Seven
Hundred Dollars ($700.00), said appropriation to be used for
payment of salaries and wages."
The expenses of the Water Resources Committee
reYelYredto in Qdestion 4 do not constitute expenses of the
Legislature, or incidental thereto; they are expenses of a
separate agency which are payable out of appropriations made
to such agency.
Honorable Robert S. Calvert, Page 5 (WW-266)
It is our opinion that the Comptroller cannot issue
a warrant for payment out of the Contingent Punds of the 55th
Legislature of long-distance and rental char es of the Water
Resources Committee created by House Bill 45 8 , Acts of the
53rd Legislature.
SUMMARY
Prior Attorney General's Opinions concerning
the incur+lg of telephone and telegraph
expensesby Members of the House of Representa-
tives do not apply to the Speaker of the House.
Prior Attorney General's Opinions ruling on
the purchase of stationery and supplies
incurred by Members of the House of Represen-
tatives do not apply to the Speaker of the
House. The Comptroller may issue a warrant
to pay the salary of a secretary to work in
and maintain the office of the Speaker in the
State Capitol when such person is carried on
the payroll as an interim employee and is
designated as Secretary to the Speaker. The
Comptroller cannot issue a warrant for payment
out of the contingent funds of the 55th Legis-
lature of long-distance telephone calls and
rental charges of the Water Resources clommittee
created by House Bill 454, Acts 53rd Legislature,
Regular Session, Chapter 359, page 873.
Yours very truly,
WILL.WILSON
Attorney General of Te,xas
MRT:j!
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
Jim Rogers
Arthur Sandlin
Larry Jones
Wayland Rivers
REVIENED "OR TfIEATTO-RNEYGENERAL
BY:
Jag;-.?
N. Ludlilni