Bill Text: TX HB5125 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the organization and operation of the legislative branch of state government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB5125 Detail]
Download: Texas-2023-HB5125-Introduced.html
Bill Title: Relating to the organization and operation of the legislative branch of state government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB5125 Detail]
Download: Texas-2023-HB5125-Introduced.html
By: Metcalf | H.B. No. 5125 |
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relating to the organization and operation of the legislative | ||
branch of state government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 301, Government Code, is | ||
amended by adding Sections 301.0161, 301.0291, 301.0321, and | ||
301.036 to read as follows: | ||
Sec. 301.0161. ADMINISTRATION COMMITTEES. (a) By rule or | ||
resolution, each house may establish an administration committee. | ||
(b) The senate administration committee shall perform the | ||
duties and functions assigned to the committee by rule or | ||
resolution. | ||
(c) The house administration committee shall: | ||
(1) adopt policies and determine guidelines for the | ||
effective and efficient operation of the house, including the | ||
appointment and discharge of employees and the use of state | ||
property and facilities; and | ||
(2) not later than the 60th day after the convening of | ||
a regular session, prepare and distribute to all members a manual of | ||
policy statements to include, but not be limited to, policies | ||
pertaining to members as a class. | ||
Sec. 301.0291. ADMINISTRATIVE HEAD OF AGENCY. (a) For | ||
purposes of any law applicable to the legislature that requires an | ||
action by an administrative head of agency, the senate by | ||
resolution shall designate the administrative head of agency for | ||
the senate. | ||
(b) The senate may delegate all or part of the authority | ||
granted under Subsection (a) to a senate committee or legislative | ||
officer as provided by law, rule, resolution, or policy. | ||
(c) For purposes of any law applicable to the legislature | ||
that requires an action by an administrative head of agency and | ||
unless otherwise directed by resolution, the speaker is the | ||
administrative head of agency for the house of representatives. | ||
(d) The speaker may make any expenditures or transfers, | ||
including expenditures and transfers necessary to discharge | ||
properly the duties and responsibilities of the office of speaker, | ||
and perform any function deemed necessary for the effective and | ||
efficient operation of the house of representatives. | ||
(e) The speaker may delegate all or part of the authority | ||
granted under Subsections (c) and (d) to a house committee or | ||
legislative officer as provided by law, rule, resolution, or | ||
policy. | ||
Sec. 301.0321. INTERNS. Notwithstanding Section 301.032 or | ||
any other law, a member, officer, committee, or division of a house | ||
of the legislature or the lieutenant governor may accept | ||
uncompensated service from an individual participating in a bona | ||
fide internship program approved by the committee on administration | ||
of the respective house and for which the student receives academic | ||
credit. | ||
Sec. 301.036. COMMITTEES WITH LEGISLATIVE APPOINTEES. (a) | ||
This section applies to any committee, council, board, commission, | ||
or other body created or authorized by state law: | ||
(1) that includes members appointed by the lieutenant | ||
governor or the speaker; or | ||
(2) for which the lieutenant governor or the speaker | ||
designate the presiding officer. | ||
(b) For an entity described by Subsection (a), the per diem | ||
and travel expenses paid to a member of the entity shall be paid by | ||
the state agency providing administrative support to the entity or | ||
as otherwise directed by rider in the general appropriations act. | ||
(c) An entity described by Subsection (a) is abolished on | ||
the date of the convening of the regular session of the legislature | ||
following its date of creation or authorization. | ||
(d) This section prevails to the extent of any conflict with | ||
any other law. The application of this section to an entity | ||
described by Subsection (a) may be altered only by an amendment to | ||
this section. | ||
SECTION 2. Section 301.035, Government Code, is amended to | ||
read as follows: | ||
Sec. 301.035. [ |
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EXPENSES. Unless a statute expressly provides otherwise, per diem | ||
and travel expenses paid to a member of a joint committee | ||
established by statute or an interim committee of a house created by | ||
rule or resolution shall be paid by the house to which the member | ||
belongs. The per diem and travel expenses paid to a public member of | ||
the committee shall be paid by the office of the appointing entity. | ||
SECTION 3. Section 301.072, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A state agency with charge and control of a state | ||
building shall, as soon as practicable, notify each legislative | ||
office or agency occupying the building of any planned or | ||
anticipated activity described by Subsection (b)(4) that is | ||
conducted, directed, or authorized by the state agency, including | ||
an interruption in utilities, a maintenance or construction | ||
activity likely to cause prolonged noise or vibration perceptible | ||
in the space occupied by a legislative office or agency, a major | ||
excavation project within 1,000 feet of any outer wall of the | ||
building, or a change to or closure of a street or sidewalk adjacent | ||
to the building or affecting vehicle or pedestrian access to the | ||
building. | ||
SECTION 4. Subchapter F, Chapter 301, Government Code, is | ||
amended by adding Section 301.073 to read as follows: | ||
Sec. 301.073. LEGISLATIVE AGENCY ADMINISTRATIVE FUNCTIONS. | ||
In this section, "legislative agency" has the meaning assigned by | ||
Section 326.001. | ||
(b) The administrative head of a legislative agency shall | ||
oversee the agency's central business and administrative functions | ||
and other matters vested in or delegated to the administrative | ||
head. | ||
(c) The director or other highest ranking employee, or that | ||
person's designee, is the administrative head of a legislative | ||
agency other than the senate or house of representatives. | ||
(d) Notwithstanding Section 2101.035, 2101.036, or 2101.037 | ||
or other law, a legislative agency may use an internal accounting, | ||
payroll, purchasing, or enterprise resource planning system | ||
selected by the administrative head of the agency. | ||
(e) The comptroller shall provide an application | ||
programming interface or other means acceptable to the | ||
administrative head of a legislative agency for the legislative | ||
agency's internal accounting, payroll, purchasing, or enterprise | ||
resource planning system to exchange financial and other data with | ||
the financial system of record for this state so that the | ||
legislative agency may use the internal accounting, payroll, | ||
purchasing, or enterprise resource planning system selected by the | ||
administrative head of the agency. | ||
(f) A legislative agency may use all or any part of an | ||
accounting, payroll, purchasing, or enterprise resource planning | ||
system provided by the comptroller on request initiated by the | ||
administrative head of the agency. | ||
(h) With respect to an accounting, payroll, purchasing, or | ||
enterprise resource planning system provided by the comptroller, | ||
the comptroller shall: | ||
(1) inform each administrative head of a legislative | ||
agency regarding changes that may impact the legislative agency; | ||
(2) attempt to schedule any consultations, | ||
requirements discovery, or planning efforts with the legislative | ||
agency during the legislative interim; and | ||
(3) incorporate the requirements of Subsections (e), | ||
(f), and (g) into the system’s design. | ||
SECTION 4. Section 323.006(b), Government Code, is amended | ||
to read as follows: | ||
(b) By agreement with either house of the legislature or a | ||
legislative agency, the council may perform administrative, | ||
accounting, purchasing, facilities management, or other services | ||
or functions for or on behalf of the house or agency. | ||
SECTION 5. Section 323.009(a), Government Code, is amended | ||
to read as follows: | ||
(a) The council may reimburse members-elect of the | ||
legislature for travel expenses incurred in attending an | ||
orientation program [ |
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the general election and the convening of the regular legislative | ||
session. | ||
SECTION 6. Section 468.003(b), Government Code, is amended | ||
to read as follows: | ||
(b) The Texas Legislative Council may [ |
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office space and other support in Austin necessary for the state | ||
demographer to perform the demographer's duties for the | ||
legislature. | ||
SECTION 7. Section 2052.205(a), Government Code, is amended | ||
to read as follows: | ||
(a) A state agency shall send to the Legislative Reference | ||
Library three [ |
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each publication that it distributes. | ||
SECTION 8. Section 6, Article 38.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 6. ASSISTANCE. The [ |
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shall assist the commission in performing the commission's duties. | ||
SECTION 9. The following provisions of the Government Code | ||
are repealed: | ||
(1) Chapter 328; | ||
(2) Section 2053.004; | ||
(3) Chapter 2060; and | ||
(4) Section 2206.101(e). | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2023. |