Attorney General Opinion WW-0777

THE ATTORNEY GENERAL OF TEXAS AUSTIN,,.TBXAW WILL WILSON Honorable Ben Ramsey, Chainaan Texas Leglalatlve Budget Board and Texas Legislative Council State Capitol Austin, Texas January 12, 1960 Opinion MO. WW-777 Re: Are members of the Texaa Iegielative Council and the Teas Legislative Budget Board entitled to receive reimbursement for actual expenses when travel- Dear Mr. Rsmaey: ing on offlolalbusiness. You have requested an opinion on the following question: "Are members of the Texas Legislative Council and the Legislative Budget Board entitled to receive reimbursement 'for their actual meals, lodging and incidental expenses when traveling on official business . . .' as ia provided in Section 36 of Article V of the general appropriation act; or are they restricted to a per diem of eight dollare bg virtue of the language contained in Section 6A of Chapter 1, Acts of the 56th Legislature, 1959, Regular Session, aa such Act wae amended by Sec. 3 of Chapter 16, Act6 of the 56th Legislature, 1959, 3rd Called Session." In Attorney General's Opinion ~~-776 (1.960) it was held that: "Members of the 56th Legislature serving on interim committees while traveling on official business within the State are limited by the provisions of House Bill 14, Acts of the 56th Legislature, Third Called Seeslon, Chapter 1.6, page 395, to $8 per day and 8$ per mile for travel." Honorable Ben Ramsey, page 2 (W- 777) In view of the foregoing, the answer to your question ia dependent upon whether members of the Texas Legislative Council and the Legislative Budget Board are serving on interim committees of the Legislature. The Legislative Council was created in 1949 by the provisions of Article 5429b, Vernon's Civil Statutes, and is composed of "five Senators to be appointed by the President of the Senate and ten Representatives to be appointed by the Speaker of the House of Representatives. The presi- dent of the Senate and Speaker of the House shall aleo be ex-officio mem- bers of the Council, and the President of the Senate shall be its Chairman and the Speaker of the House its Vice Chairman." The Legielative Budget'Boardwas created in~1949 by the provisions of Article >42gO, Vernon's Civil Statutes, and is composed of "the Speaker of the House of Repreeentatlves and four (4) members of the House of Repreaentativee who shall be appointed by the Speaker, one of whom shall be the Chairman of the Appropriations Conrmittee and one of whom shall be the Chairman of the Revenue and Taxation Conrmittee, and of the Lieutenant Governor and four (4) members of the Senate, who shall be appointed by the Lieutenant Governor, one of whom shall be the Chairman of the Finance Committee and one of whom shall be the Chainaan of the State Affairs Com- mittee." It is noted that the State Legislative Council and the Legislative Budget Board are separate agencies of the State created by statutes duly enacted by the Legislature; Therefore, it is our opinion that neither the Texas Legislative Council nor the legislative Budget Board oonetitutes an interim committee within the meaning of House Bill 14, Acts of the 56th Legislature, Third Called Session, 1959; Chapter 16, page 395.~ Further- more, we are supported in this opinion by the provisions of Section 7 of Article 5429b, Vernon's Civil Statutes, reading as follows: "The Chai- and Vice Chairman of the Council and all membera thereof ehall be reimbursed for all neoesaary traveling and other expenses incurred rthe performance of their duties ; and the Council shall de- termine the salaries of its assistants and employees." (Emphasis added). Furthermore, the limitations aa to tie per diem are limited to mem- bers of the Legielature serving on interim committeea "of the Fifty-sixth Legislature." You are, therefore, advised that members of the Texas Legislative Council and the Legislative Budget Board are entitled to receive reimburse- ment for their actual meals, lodging and incidental expense8 when traveling - . Honorable Ben Ramsey, pace 3 (w- 777 1 on official business, as provided in Subdivieion (a) of Article V of Houee Bill 4, Acts of the 56th Legislature, Third Called Session, 1959, Chapter 23, page 442, at page 731 (the General Appropriation Act). Members of the Texae Legislative Council and the Legislative Budget Board are entitled to receive reimbursement for their actual meals, lodging and incidental expenses when traveling on official business as provided in Subdivision (a) of Article V of House Bill 4, Acts of the 56th Legislature, Third Called Session, 1959, Chapter 23, page 442 at page 731 (the General Appropriation Act). Yours very truly, WILL !dILsoIi Attorney General of Texas JR:me APPBXQD: OPIKIOFI COMMITTEE W. V. Geppert, Chairman Marietta Payne J. C. Davis, Jr. Dean Davis Charles D. Cabineas REPIEWEDFORTEEA'M'OFdiEYGWlERAL BY: Leonard Passmore