Texas Constitution:Article III, Section 24: Difference between revisions
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The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1967/cm0104.pdf#page=3 M-104] (1967), opined that: "[The 1960 amendment to this section provided] in addition to per diem and traveling expenses an annual salary for members of the Legislature, thus recognizing that official duties of members of the Legislature are performed throughout the year and are not limited to duties performed while the Legislature is in session." And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1969/cm0408.pdf#page=6 M-408] (1969), he opined that: "[W]e are of the opinion that there exists no constitutional inhibition as to the use of state funds and their application to group sickness and accident policy premium payments for legislators themselves. . . . We do not interpret such a benefit as additional 'salary', 'per diem' or 'mileage', as those terms are used in Article III, Section 24 of the Constitution of Texas." Finally, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1991/dm0023.pdf#page=4 DM-23] (1991), he opined that: "Although the 1960 and 1975 amendments to article III, section 24, dispensed with the presumption that interim expenses were personal expenses, the amendment did not alter the conclusion that the constitution prohibits payment of personal expenses or compensation to members of the legislature in addition to the amounts provided for in that section." | The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1967/cm0104.pdf#page=3 M-104] (1967), opined that: "[The 1960 amendment to this section provided] in addition to per diem and traveling expenses an annual salary for members of the Legislature, thus recognizing that official duties of members of the Legislature are performed throughout the year and are not limited to duties performed while the Legislature is in session." And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1969/cm0408.pdf#page=6 M-408] (1969), he opined that: "[W]e are of the opinion that there exists no constitutional inhibition as to the use of state funds and their application to group sickness and accident policy premium payments for legislators themselves. . . . We do not interpret such a benefit as additional 'salary', 'per diem' or 'mileage', as those terms are used in Article III, Section 24 of the Constitution of Texas." Finally, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1991/dm0023.pdf#page=4 DM-23] (1991), he opined that: "Although the 1960 and 1975 amendments to article III, section 24, dispensed with the presumption that interim expenses were personal expenses, the amendment did not alter the conclusion that the constitution prohibits payment of personal expenses or compensation to members of the legislature in addition to the amounts provided for in that section." | ||
Note that a substantial question exists regarding the constitutionality under this section of the significant and preferential retirement benefits currently provided to members of the Legislature. Among other material differences, a legislator's retirement benefits are calculated based on the salary of a full-time state district judge while the | Note that a substantial question exists regarding the constitutionality under this section of the significant and preferential retirement benefits currently provided to members of the Legislature. Among other material differences, a legislator's retirement benefits are calculated based on the salary of a full-time state district judge while the retirement benefits of an ordinary state government worker are calculated based on the worker's own salary. | ||
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