No. V-0084 (1947).

• Case Date: March 13, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0084 (1947). 1March 13, 1947Hon. Claud Gilmer, ChairmanCommittee on AppropriationsHouse of RepresentativesAustin, TexasOpinion No. V-84Re: Constitutionality of House Bill No. 396, 50th Legislature, Incidental Expenses for Members.Dear Sir:Your request for an opinion by this department upon the above titled subject matter is as follows:

"Enclosed you will find House Bill No. 396 which has been introduced and is now before the Appropriation Committee of the House.

"This bill is an appropriation bill for 'incidental expenses' only for members of the regular session. The Committee desires to know what in your opinion can be included as incidental expenses. At the present time certain expenses incident to the work of each member is paid from the contingent expense account, such as postage, stationery, and official telephone calls.

"Would the attached bill be constitutional if it sets a maximum expense allowance to each member without regard to the nature and amount of the expense."

House Bill No. 396 as submitted to us is as follows: "H.B. No. 396 BY: A BILL TO BE ENTITLED2

"AN ACT making an appropriation of the sum of Three Hundred Thousand Dollars ($300,000), or so much thereof as may be necessary, out of any funds in the State Treasury not otherwise appropriated, to pay incidental expenses of the members of the Regular Session of the Fiftieth Legislature, such expenses not to exceed Ten Dollars ($10.00) per day per member; providing for certificates to the Comptroller; making records available to the public; and declaring an emergency.

"BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

"Section 1. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, the sum of Three Hundred Thousand Dollars ($300,000), or so much thereof as may be necessary, to pay incidental expenses of the members of the Regular Session of the Fiftieth Legislature, such expenses not to exceed Ten Dollars ($10.00) per day per member.

"Section 2. The certificate of the Secretary of the Senate, approved by the President of the Senate, or the certificate of the Chief Clerk of the House of Representatives, approved by the Speaker thereof, shall be sufficient evidence to the Comptroller upon which to audit the claims for expenses of the members of the Regular

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