The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. J. F. Gray, page 2 (MS-40) members during periods between sessions could not be construed as being for a public purpose with respect to any legislative duty of the members. See also Opinion No. 0-4350 (1942) where it was said: "We think it is obvious that photographing the personnel of the State Board of Architectural Examiners contributes in no degree whatsoever to the enforcement of the laws intrusted to that Board for administration. You are therefore advised that the account for this purpose may not be paid from the ap- propriations made to the Board of Architectural Examiners." In view of our conclusion that this expenditure would not be for a public purpose related to the duties imposed by law upon the members of the House, such payments are clearly prohibited by the Constitution. Tex. Const. Art. III, Sec. 24; Walker v. Baker, 145 Tex. 121, 196 S.W.2d 324, 329 (1946) ("This per diem, multiplied by the number of days the Legislature re- mains in regular or called session, is the entire compensation a member is entitled to receive, and for it he must attend the legislative sessions and per- form all the other duties of his office each biennium.") Cf. Tex. Const. Art. III, Sec. 22. Yours very truly, JOHN BEN SHEPPERD Attorney General By Phillip Robinson Assistant