Opinion No.

Honorable David H. Cain Chairman Committee on Transportation Texas House of Representatives P. O. Box 2910 Austin, Texas 78769

Re: Whether legislator may receive payment from a state agency for serving as special commissioner in condemnation proceedings (RQ-1262)

Dear Representative Cain:

You request advice on the following question:

If a member of the legislature serves as a special commissioner in a condemnation proceeding under the Property Code, is that legislator entitled to remuneration by the State Department of Highways and Public Transportation?

The law of eminent domain is set out in…