Untitled Texas Attorney General Opinion ( 1944 )

,, ‘. 488 : 1:. ., . ,, . . . . ..- i .~ a. .~ : . ~,. OFFICE OF THE ATTORNEY GENERAL OF TEXAS @ AUSTIN July. 3.1,1914 Control) shall oont~raotfor a partmants, institutions and boarda, save and sxoept suoh work as may be done at the various eduoatlonal aI&4 elramoaynary 1n8t1tut10ns . . .- 489 ..Ronorabla Hall B. Loaan, page 2 .In our opinion, your Commlsston 18 a State board or the typeoovered by this Artlole and may avail itself of oontraots uasuted under the authorityor this Artlola. The Postwar Eoonomio Plannlq Cwtml88Ionwas sreated b a aonourrent resolutionof the Laglslature,whloh reaolutlouwas approved by the Oovemor. Wj.R. Ho. 33, Aots 48th Leg., ~.a., p. 10% Psrtinent portions of this resolution read as follo*s: *norm, There wlll be approxlmatolyten million (10 000,000) men and WIDB~ in the Armed Services and AuxhrittS to returxito peaoetlme employmentafter tha wsr is over; and '.~WRZREAS, Thsrs will be mllllons of men and wonmn to bs transferredfrom war industriesto peaaetlme am- ploymentj anb WRXIDMS.. The magnitude or this undertam 1s sUsh that it Gould be-unulseto postpone its st&lF un- til the war is over; and WRJBXEAS,The whole,responsibllltyOr solving this problem should not be roroed upon Fadekal otri- olals; and *WHRREAS,There should be a oontlnulty ot the stndy of this 8ubfeot;aad .9#BlUB, There has been muoh orltlolsm of aon- ientration of power in Washlngton'duringpeaoetlme; an6 'WWUUS, It behooves the States.to bs prapared to enaot State laglslatlonand raoomnend Federal leg- islation dealing with the Postwar eoonomyj and *wHRRRAS,Unless proparatloneare made for the Postwar period undsslrableeoonomlo poliois oould be adopts6 during the oonfuslon;thererore,be it ABSOLVED by the House of Rapresentatlvas,the Sk& o&~ourring,That a Postwar EoonozeloPlannlng Oom~Isslonbe oreated and said Oommlsslon 1s hereby arsated. Said Commissionshall oonsist or thlrty- one (31) members to be appointedby the Governor of Texam~,one member to be beslgnatedas Ohkinnnn. Sal4 malabors will raoelvs no oompensatlon from the State ~tor servioee rendered. At its first meeting or at a time after the first meeting set by thenCommlsslon, suoh other ottloers as may be desired shall be aleot- eu. Said Comarisslon will formulate lta own rules an4 set the time and plaoe for meetings. One member of Bald Ootamisslon shall be a member of ths Texas Yanu- faoturers Assoolatfon,one shall be a member of the !Ud- Continent 011 and Gas Assoolation,one shall be a person uonorable Hall ii. Logan, page 3 who has dsaonetratedhis interest in Agrloulture, one shall be a nambbr or the Texas Prees Aseoolatlon, one &hall be a member ot the Texas HerrepaperPublishers Assoolatlon,one shall be a msmbsr or the Amerloan Legion, One shall be a member of the Texas Federation of Women's Clubs one shall bs a lloensed Engineer, one shall be a l~oenaed Arohlteot, one shall'be a mem- her of the Texas Bar Assooiatlon,ollbshall be a member of the Texas State Teaohers Assooiatioa,one shall be a member of ths Bast Texas Ohamber of Commerss, oas shall bo a member of the South Texas Chamber of Dopa- meroe ( one shall be a member of the West Texas Chamber or'Oomaerce, one shall be a person who has demonstrated hls,in%erdstin Labor, one shall be a member of the Texan County Judges and CommissionersAssooiatlon, one shall be a president or an Institutionor higher . learnfag, ona'shallba a lllaaber OP the Texas State Med~oal Aseooiatlon,one shall be a member of the Texas Sheep and Ooat Ralssrs Assoolatlon, one shall be a msmbar of the Texas Motor TransportationAssoolation, one shall be a mamber or the Texae Good Roads Amoola- olatlon, on; shall be tion, one shall.bo a metier or the Texas Bankers Asso- a member or the Texas Cattle Raisers Assooiatlon,one shall be e person who is assooiatedwith the Railroads, one shall be a member of tha Texas Lumbermen98Asaoolatloa, one shall be a fasIaber.oi ths Texas Ssnsts, one shall be a member of the Tdxss House ot Representatives,and four (4) shall be.meabers at large. The Oovernor shall have the power to till vaoanoles. It shall be the duty of the Poet- war Eaonomlo Plan&&g Oommlsslon to make a study of the Postwar 4oonodo problems* oooperate with other groups, loOal, State and Rational, that are studying this sub- jeot, invite and oonslder sugeestlonefrom Interested ln&l.vibuals, make reportmor its deliberationsto the publlo, make reoonmea4atlonsto pub110 oiflolals,and formulate polioles~ Sor anyorderly transfer of persons ln the ArsiedServloes, Au@laries and war industries to peaoetlme employment;.uzl; .I ! ,T. 786, In the oase of Terre11 vi King, I& S.W. (2d) objeotlon * -de to the payment or State funds to members of a oomalttee eated,bythe legislatureon the grounds, inter alla, that thei apittsewas oreated by a ooncuxrent resolutlon.ratharthan by a atute and that the commlttes inciuded persons who were not members the -legislature. With reference to these contentions,our Supreme k- “~~ said: / ~. :- 491 5 '&anorabLeHall II.Logan, page 4 '. .~ , "The Saot that some m4mbem of ths aommltteewere to b6 private oltlzens did not invalidatethe rssolutloa. The Legislaturewas olearly empowered to appoint a oom- mlttee wlth authorityto employ all outside help or ' oounsel needed to aooompllshthe purpose8 oS the pro- posed lnvestlgatloaand inquiry. Just as olearly was the Legislatureauthorizedto oreate a ooamlsslonOS nonmembersto lavestlgataall aatters or taxation re- Serred to in the rssolutloa~~and to report findings and reoommendatlonsto a subsequentsssslon oS the Leglsla- tore...Wo less eSSeot should ba given to the designat$on oS outside experts by the Governor, by direotlonor~the Legislature,than would be given to their designation dlreotlp by the Legislature,or its committeeduly au- Xhorlaed. Viewing the resolutionas a whole, in the light OS ltrrobvious intent, it.provldedSor a oommlttea whloh the Leglalatorewas authorizedto oreabe in the exaralss 0s its oonstltutlonalleglslatlvepower. I’ *It is no longer an open question in Texas that a joint resolutionOS both houses, approved by the Governor, rerleots the oommand and will of the state in one oS the modes prssorlbedby ths Oonstltutlon,and is as bindlag as a statute. Slaoe the Tax Survey Comatittee was to Suno- tlon only temporarlIy, a resolutionOS both houses, ap- proved by the Oovemor,~was thd &at appropriatemethod by whlsh to oreate the ooamlbtee and darlne its duties i 'andrinan00 its operations. . ." Under the lmplioatioasOS this oasa, we Se61 that the ':PostwarIlOoaomlo Planning Commission is not a mere private organl- .'Ution bearing-theendorsementoS ,theLegislatureand oS the Gov- 1 iraor; rather,we reel, ths Commission is a regula~rly oreated ' @enuy oS the State, exlstlag by virtue oS the State and exerols- j:.h powers oonierred upon it by the State. With reiereaoe to the method ot handling printing asoounts, : Ml016 615 V.A.O.S., plVVid48: *All aooounts Sor printfag done, or stationerySur- nlshed, exoept for the Legislaturewhen in seasion, ahall be audited la the Sollowiw mannar: The aooounta 3% verlSled by the atildavlt'otthe oontraotor that it IS true and oorrecit,that the amount OS,work charged for has aotually been perllormed, or the aotual amount OS stationeryand supplies have been delivered,and that the prltoes oharged la the aooount are in aooordanoewith the 492 iiosombleHall B. Wean, page 5 stipulationsoS the oontract. The aooount shall be aooompanledby a 8+3IplS OS the.WOrk done, and a re- aslpt from the departiuantto whlah the goolcware de- livered. The aooount shall be examined by..theChieS or the Division OS Publlo PriUtlng, and, when oertl- rled by hIa as oorreot, spprorad by the dlapartm& to whloh delivery was made. After hawing bean bhus examIns and approved, tha boniptroller shaU issue his warraht for gaymont 0r aoeount out of r-8 ap- propriatedfor that purpose.* Slno~ your CominIsslon reoelvee no approprlatlon,it wIli be lmpossIbleSor tha exaot terms of hrtlole 615 to be Sol- Iswad In the.proauremeatOS your printing supplies. Ia our opin- ion this Saot does not prevent the OosnnImifon:rrolna.r~lllngit- : Srlr OS State oontraots, and the dlSSioultymay be ovlated by having the epprovqd aooounts subtitted to the Cormaisslcmand by having paymsats made d+sotly by it. Trusting that the SoregoIng Sully answers your inquiry, wb are Youta very truly, ATTORREY GIBERAL OF TEXAS By~~-k-,-&&? R. Dean Hoorhead Assistant -