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Texas Constitution:Article III, Section 24 (view source)
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Under the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869), the Legislature set its own daily compensation and mileage rate. For example, the 1845 constitution (Art. III, § 23) provided: "Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law . . . ." | Under the Republic of Texas constitution (1836) and each of the state's first four constitutions (1845, 1861, 1866, & 1869), the Legislature set its own daily compensation and mileage rate. | ||
For example, the 1845 constitution (Art. III, § 23) provided: "Each member of the Legislature shall receive from the public treasury a compensation for his services, which may be increased or diminished by law . . . ." | |||
As adopted in 1876, this section read: "The members of the Legislature shall receive from the public treasury such compensation for their services, as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session; and after that not exceeding two dollars per day for the remainder of the session; except the first session held under this Constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each house shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land regardless of railways or water routes; and the Comptroller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session." | As adopted in 1876, this section read: "The members of the Legislature shall receive from the public treasury such compensation for their services, as may, from time to time, be provided by law, not exceeding five dollars per day for the first sixty days of each session; and after that not exceeding two dollars per day for the remainder of the session; except the first session held under this Constitution, when they may receive not exceeding five dollars per day for the first ninety days, and after that not exceeding two dollars per day for the remainder of the session. In addition to the per diem the members of each house shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land regardless of railways or water routes; and the Comptroller of the State shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or called session." | ||
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Between 1881 and 1991, the Legislature passed twenty-five proposed amendments that would have modified this section. Only five of those were approved by the voters. Amendments were approved in 1930, 1954, 1960, 1975, and 1991. | Between 1881 and 1991, the Legislature passed twenty-five proposed amendments that would have modified this section. Only five of those were approved by the voters. Amendments were approved in 1930, 1954, 1960, 1975, and 1991. | ||
Note that 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." | Note that 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 that two years later, 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 further 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." | |||
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