Untitled Texas Attorney General Opinion ( 1957 )

THEA~ORNEY GENERAL
OFTEXA~
AUEIT~N~ 11. TEXASI
September 27, 1957
Honorable Robert S. Calvert,
Comptroller of Public Accounts,
Capitol Station,
Austin, Texas Opinion No. Wbi-264
Ret Can funds appropriated for
contingent expenses of the
Legislature be expended
for janitorial salaries
and supplies, and other
expenses necessary to con-
trol and maintain the Leg-
islative halls, chambers
and committee rooms of the
State Capitol Building
during the recess of the
Legislature, and related
Dear Mr. Calvert: questions.
Your request of September 10, 1957 for an opinion
from this office is as follows:
"1. Can funds appropriated for contingent
expenses of the Legislature be expended for
janitorial salaries and supplies, and other
expenses necessary to control and maintain the
Legislative halls, chambers and committee rooms
of the State Capitol Building during the recess
of the Legislature?
"2. During the interim between Legislative
Sessions, can funds appropriated for contingent
expenses of the Legislature be expended to pre-
pare the Legislative halls, chambers and committee
rooms of the State Capitol Building for the ‘use
of the Legislature?
"3. Does Article 667, Vernon's Civil Statutes,
preclude the Legislature from expending funds from
the Legislative Contingent Expense Fund during the
interim between Legislative sessions for janitorial
salaries and supplies and other expenses necessary
to control and maintain the Legislative halls,
chambers and committee rooms of the State Capitol
Building?
. .
- -
Honorable Robert S. Calvert, page 2 (W-264).
“4. Does Article 667, Vernon's Civil Statutes,
preclude the Legislature from expending funds from
the Legislative Contingent Expense Fund during the
interim between Legislative sessions to prepare the
Legislative halls, chambers 'and' committee rooms of
the State Capitol Building for the use of the Legis-
lature?"
The Contingent Expense Fund is provided,for in Senate
Bill 1, Acts 55th Legislature, Regular Session, Chapter 1, page
1; the pertinent sections in regard to your inquiry read as
follows:
"Section 1. There is hereby appropriated
out of any funds in the State Treasury not other-
wise appropriated, the sum of Two Million, Three
Hundred Thousand ($2,300,000.) Dollars or so
much thereof as may be necessary, to pay the
contingent expenses and to pay the mlleage and per
diem of members and the per diem of officers and
employees of the Regular Session of the 55th
Legislature, and to pay any unpaid accounts of
the 54th Legislature, and to pay any unpaid
accounts or additional expenses of the Lieutenant
Governor while acting as Governor; and to pay
the expenses of moving out of space needed by
the 55th Legislature in the State Capitol Build-
ing any State departments or agencies now occupy-
ing same, and of any rentalsfor temporary offices
of equipment and utilities therefor, which may
be needed by such removed State department or
agencies.
"Sec. 2. The certificate oftthe Chief Clerk
of the House of Representatives approved by the
Speaker thereof, or the certificate of the Secre-
tary of the Senate approved byethe,Presldent of
the Senate, shall be sufficient evidence to the
Comptroller upon which to audit the claims for
mileage and per diem of members,,and the salaries
and per diem of officers and employees of the 55th
Legislature, and the unpaid ac~countsor additional
expenses of the Lieutenant Governor while acting
as Governor; and the Comptrqller shall issue the
necessary warrants forsame upon the Treasury of
the State of Texas.
Honorable Robert S. Calvert, Pag,e3 (W264).
"Sec. 3. The Certiflcate'of the Chairman of
the Committee on Contingent Expenses of the House
of Representatives, approved~by the Speaker of the
House, or the certificate of the Chairman of the
Committee on Contingent Expenses of the Senate,
approved by the President of the Senate, as the
case may be, shall be sufficient authority to the
Comptroller to issue warrants upon the State of
Texas for the payment of accounts for contingent
exoenses of either House, and for the payments
or reimbursements of expenses necessitated by
relocating State departments or agencies from
space in the Capitol Building needed by the 55th
Legislature."
The Legislature has regularly enacted a law making an
appropriation for its contingent expenses; indeed, the 54th
Legislature enacted two laws appropriating money for Its Con-
tingent Expenses which are identical laws, for our purposes
here, as the present Senate Bill No. 1. Under the laws so en-
acted by the 54th Legislature, Acts 54th Legislature, 1955,
S.B. No. 1, ch. 1, p. 1, and House Bill 967, Chapter 405, page
1096, the salaries of officers and employees who were retained
during the interim between the 54th and 55th Legislatures were
paid out of the Contingent Expense Fund.
Subsequent to S.B. No. 1, Acts 55th Legislature, Regu-
lar Session, Ch. 1, p. 1, each House of the Legislature enacted
a Resolution clarifying,same and stating several payments that
are to be made out of the Contingent Expense Fund. These Reso-
lutions, and parts thereof, are as follows:
Senate Resolution 596, Senate Journal, May 23, 1957,
page 1624:
"The Chairman of the Senate Committee on
Contingent Expenses is h~ereby-
authorized and
directed to cause the Senate Chamber to be
placed in order and . . . He shall also examine
records and accounts . . . , and he shall be
entitled to receive h1s actual and necessary
expenses incurred while in the performance of
such duties during the interim.
n
. . .
0
,.a11 salaries hereinauthorized to
be in&red and paid for shall be paid out of
- .
- .
Honorable Robert S. Calvert, Page 4 (W-264).
the per diem and contingent expense fund of
the Fifty-fifth Legislature, . . . All war-
rants for the payment of materials, supplies
and expenses of the Senate shall be paid upon
warrants signed by the Lieutenant Governor and
Chairman of the Senate Committee on Contingent
Expenses; . . .
11
. . . the Lieutenant Governor and the
Chairman of the Senate Committee on Contingent
Expense shall have authority to employ such
additional personnel as may from time to time
be required and to purchase such supplies and
to make all such repairs and improvements as
are necessary between the adjournment of this
session and the convening of the next session
of the Legislature; . . .I'
House Simple Resolution 479, House Journal, May 17,
1957, page 3144:
f,
. . . the House Rules Committee of the
House be hereby authorized to assign these
officers and employees . . . to restore the
furnishings and equipment of'the House to
good condition; . . ,
91
. . . the Rules Committee of the House
is hereby autho.rizedand empowered ~0 name
such interim employees as in their judgment
they deem necessary to carry on any interim
business of the House which may arise, . . .
and to keep in a clean and orderly condition
the Hall of .theHouse of Representatives, the
Committee Rooms on the first, second and third
floors, and the Speaker's Office and Apartment,
. . .
II
. . . each officer or employee retained
under authority of this resolution shall receive
the salary . . . , to be paid out of any sum
appropriated for the Contingent Expenses Fund of
the Regular Session of the Fifty-fifth Legis-
lature, the amount to be paid by vouchers or
warrants to be signed by the Speaker of the
House and the Chairman or Vice-Chairman of the
Committee on Contingent Expenses; . . .'
Honorable Robert S. Calvert, page 5 (W-264).
The courts have long recognized the right of the
Legislature to express its will by resolutions.
;, 1
S.W. 24 (Civ. App. 1913, error ref.),the court stated:
(1
. . . While there is a marked distinction
between a law and a resolution, y et our Consti-
tution clearly recognizes the right of the Legis-
lature to express itswill by resolutions, and
in the passage thereof the same,rules,,provisions,
and limitations shall apply thereto, except as to
the caption and enacting clause.
"The chief distinction between~a resolution
and a law seems to be that the former is used
whenever the legislative body passing it wishes
to merely express an opinion as to some given
matter or thing, and is only to have a temporary
effect onsuch particular thing; while by the
latter it is intended to permanently direct and
control matters atplying to persons or things
in general. . . .
When the Legislature directs by resolution that some
particular thing be accomplished, thoseso affected by the reso-
lution are bound to honor same as if the resolution were in
fact a statute.
It is our opinion that S.R. 596 and H.S.R. 479, supra,
in the plain and unambiguous language contained therein, evi-
dence the clear intent of the 55th Legislature that janitorial
salaries and supplies, and other expenses necessary to control
and maintain legislative halls, chambers and committee rooms
of tne State Capitol building during the recess of the Legis-
lature, and the monies which must necessarily be expended in
order to prepare said quarters for the use of the Legislature
are to be paid out of the Contingent Expense Fund created by
S.B. No. 1, supra.
The Supreme Court, in Terre11 v. King, 118 Tex. 237,
14 S.W. 2d ‘786,792 (1929), said:
"It is manifest that certain expenditures
must be made by the state,,in the way of legis-
lative expenses, or the grant of legislative
power could never be effectually exercised. No
one would question legislative disbursements ?%r
comfortable assembly halls and committee rooms, . . .'
(Emphasis added)
Honorable Robert S. Calvert, Page 6 (WW264).
This department, in Attorney General's Opinion
O-3778 (19&l), stated:
I, Legislative expense is that Incident
to the'wA&ngs of the Legislature as an actual
law-making body, as a whole, as the Legislature
itself; when in session; through a special com-
mittee delegated by the Legislature while in
session to work on a legislative matter while
in session; through personnel employed to close
matters wafter adjournment; or through employees
maintained between sessions for the care of the
legislative halls; or for maintenance of a cen-
tral office or clearing house for legislative
matters between sessions. These expenses are
for the mutual benefit of all members - for the
Legislature itself." (Emphasis added)
In Opinion O-3778 (1941) it was held that "legis-
lative" expenses, as distinguished therein from "personal"
expenses, were legitimate expenses and payable out of the
Contingent Expense Fund. This office has, upon several occa-
sions, held that "legislative" expenses are properly payable
out of the Contingent Expense Fund. Attorney General's Opinions
No. MS-43 (19531,WW-131 (19571,``-148 (1957) and W-177 (1957).
Accordingly, you are advised that funds appropriated
for contingent expenses of the Legislature can be expended for
janitorial salaries and supplies, and other expenses necessary
to control and maintainlegislative halls, chambers and com-
mittee rooms of the State Capitol building during the recess of
the Legislature.
You are advised that during the interim between legis-
lative sessions, funds appropriated for contingent expenses of
the Legislature can be expended to prepare the legislative halls,
chambers and committee rooms of the State Capitol building for
the use of the Legislature.
In answer to question No. 3, it is our opinion that
Article 667, Vernon's Civil Statutes, does not preclude the
Legislature from expending funds from the Legislative Contin-
gent Expense Fund during the interim between legislative ses-
sions for janitorial salaries and supplies and other expenses
necessary to control and maintain the legislative halls,
chambers and committee rooms of the State Capitol building.
Honorable Robert S. Calvert, Page 7 (WW-264).
You are advised that Article 667, Vernon's Civil
Statutes, does not preclude the Legislature from expending
funds from the legislative Contingent Expense Fund during
the interim between legislative sessions to prepare the
legislative halls, chambers and committee rooms of the State
Capitol building for the use of the Legislature.
SUMMARY
Funds appropriated for contingent
expenses of the 'Legislaturecan be ex-
pended f~orjanitorial salaries and supplies,
and other expenses necessary to control and
maintain legislative halls, chambers and
committee rooms of the State Capitol Building,
to prepare the legislative halls, chambers
and committee rooms of the State Capitol
Building for the use of the Legislature,
during the interim between legislative
sessions; Arti.cle667,v.c.s.,does not
.preclude the Legislature from expending
funds from the Contingent Expense Fund
for such purposes.
Yours very truly,
WILL WILSON
Attorney General of Texas
Assistant
MRT:zt:pf
APPROVED:
OPINION COMMITTEE
By: Geo. P. Blackburn, Chairman
Ralph R. Rash
Wm. R. Hemphill
Lonny F. Zwiener
REVIEWED FOR THE ATTORNEY GENERAL
By: James N. Ludlum