We beg to acknowledge receipt of your letter request- ing an opinion upon the above subject matter’, as follows: "The following question is directted with refer- ence to Section 1 of Article 12 of Chapter 373, Acts of the Regular Session of the 48th Texas Legislature. "This se&ion provides for a Joint Legislative Committee composed of five members of the Senate, ap- pointed by the President of the Senate, and five mem- bers of the House of RepreLien5tativea, appointed by the Speaker of the House of Representatives, a major- ity of which shall constitute a quorum. "Representatives Fitzgerald, Manning, McCann, Proffer and Callaway were appoln,ted by Speaker2 Dan- iel from tne House as the Committee under the bill for tbe current biennium. The first three Repre- sentatives were not returned to the 49th Legislature and tberefore ceased to represent their districts upon the qualifieatlons of their successors, "The question is whether or not, when these partiea,ceased to be members of the House of Repre- sentatives, they ceased to belong to,the Commf,ttee in question, so as to require the present Speaker of the 49th Legislature to fill such vacancfea?" Section 1 of Article I2 of House Bill No. 176, Chapter 373, of the 48th Legislature, Regular Session, is as follows: *2 Honorable C. H. Gilmer, page 2

"There is hereby created a Joint Legislative Committee composed of five (5) members of the Sen- ate, ap ointed by the President of the Senate, and five (5 P members of the House of Representatives .ai;a;;zed by the Speaker of the House of Repreaen- a maJoritg of which shall constitute a quorum ior the purpose of discharging any duty lm- posed upon said Committee. Said Committee shall promptly organize and elect from its membership a chairman, a vice-chairman and a secretary, shall vote as a unit on all propositions coming before it for consideration and shall keep a permanent re- cord of its proceedings. The members of said Com- mittee shall receive no compensation for the aer- vices performed under the provisions of this Act, but each shall receive his actual and necessary ex- penses incurred in the discharge of his duties as such member o I’

The subsequent sections of the Article --2 to 7 -- define the duties of the Committee, the chief ones being the ap- pointment of a legislative accountant, (Sec. 2) and after the close of each fiscal year to consider the report required of the legislative accountant, and to make recommendations based thereon to the next regular session of the Legislature there- after; and, further, to study the school laws In order that they may be recodified, and to make recommenda,Ciona thereon to the next Legislature- (Sec. 5)

Your questions involve a construction of Section 1 hereinabove quoted.

It is clear, we think, that the Legislature in creat- ing the Joint Legislative Committee intended that the same should be composed of members of the Senate and of the House at all times. It is provided that "the members of said Committee shall receive no compensation for the services performed under the provisions of this Act, but each shall receive his actual and necessary expenses incurred in the discharge of his duties as such membera'" This accentuates the thought that the Legiala- ture was Imposing upon its members addit,ional, interim duties in line with their constitutional duties, and the further re- quirements contained in Section 5 that the "Committee is also directed to study the school laws in order that said laws may be recodified, and make recommendations t,hereon to the next Leg- islature', likewise emphasize this conclusion.

From what we have said it follows that when a member of this Committee ceases to be a member of the branch of the Legislature from which he was appointed he automatically ceases *3 Honorable C. Ii. Gilmer, Page 3

to be a member of the Committee, whether such situation be the result of death, resignation, or expiration of his term.

It also follows that when such a vacancy occurs in the Committee, it is the duty of the Speaker of the House, or the President of the Senate, as the case may be, to make the proper appointment to fill the vacancy or vacancies.

Tm8ting that what we have said sufficiently answered your inquiry, we are

Very truly yours ATTORNEY GENERAL OF TEXAS By a/Ocie Speer Ocie Speer Assistant OS-MR-WC

APPROVED JUL 19, 19%

a/Grover Sellers

ATTORNEY GENERAL OF TEXAS

Approved Opinion Committee by a/BwB Chairman