Bill Text: TX HB4181 | 2019-2020 | 86th Legislature | Enrolled

---

Bill Title: Relating to the organization and efficient operation of the legislative branch of state government.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2019-06-14 - Effective immediately [HB4181 Detail]

Download: Texas-2019-HB4181-Enrolled.html

---

H.B. No. 4181

AN ACT
relating to the organization and efficient operation of the
legislative branch of state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 301.001, 301.002, 301.003, 301.004, and
301.005, Government Code, are amended to read as follows:
Sec. 301.001. TIME AND PLACE OF MEETING. The legislature
shall convene at the seat of government in regular session at 12
noon on the second Tuesday in January of each odd-numbered year.
Sec. 301.002. WHO MAY ORGANIZE. (a) The following
individuals [persons] only may organize the senate [and house of
representatives]:
(1) senators who have not completed their terms of
office; and
(2) individuals who have received certification of
election to the [house of representatives or] senate.
(b) Only the individuals who have received certification of
election to the house of representatives may organize the house of
representatives.
Sec. 301.003. [SECRETARY OF STATE AS] PRESIDING OFFICERS
[OFFICER]. (a) The secretary of state shall attend and [the
convening of each regular legislative session and shall] preside at
the organization of the house of representatives.
(b) If there is no secretary of state or if the secretary of
state is absent or unable to attend, the attorney general shall
attend and preside at the organization of the house of
representatives.
(c) The lieutenant governor shall attend and preside at the
organization of the senate. If the lieutenant governor is absent or
unable to attend, the lieutenant governor may designate a member of
the senate who is entitled to organize the senate under Section
301.002(a)(1) to preside [The secretary of state shall appoint a
clerk to take the minutes of the proceedings. If the chief clerk of
the house of representatives for the previous session is present,
the secretary of state shall appoint that person to act as clerk].
(d) If there is no lieutenant governor, the senator with the
greatest number of years of cumulative service as a member of the
senate who is entitled to organize the senate under Section
301.002(a)(1) shall preside.
Sec. 301.004. TEMPORARY OFFICERS; DUTIES [OF CLERK]. (a)
If the secretary of the senate for the previous session is present,
that individual shall act as temporary secretary of the senate. If
the chief clerk of the house of representatives for the previous
session is present, the secretary of state shall appoint that
individual to act as temporary chief clerk. The presiding officer
of each house of the legislature shall appoint any temporary
officers necessary to ensure the organization of the legislature.
(b) Under the direction of the presiding officer [secretary
of state], the secretary of the senate or chief clerk shall call the
districts of the appropriate house [counties] in numerical
[alphabetical] order regardless of whether the secretary of state
has received the election returns for each district [county].
(c) [(b)] If an individual appears at the call and presents
proper evidence of the individual's [his] election, the individual
shall be admitted or qualified as if the individual's election
returns had been made to the secretary of state.
(d) [(c)] After the secretary of the senate has called the
districts and the senators-elect have appeared and presented their
credentials, the official oath shall be administered to each
senator-elect by an officer authorized by law to administer oaths.
(e) After the chief clerk has called the districts
[counties] and the members-elect of the house of representatives
have appeared and presented their credentials, the chief clerk
shall administer the official oath to each member-elect.
(f) The presiding officer of each house shall ensure that a
journal of the proceedings of that house is kept.
Sec. 301.005. LACK OF QUORUM. If a quorum is not present in
a house of the legislature on the day the legislature is to convene,
the presiding officer of that house [secretary of state] and the
secretary of the senate or chief clerk, as appropriate, shall
attend each day until a quorum appears and is qualified.
SECTION 2. Section 301.006, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) After the senators-elect have taken the official oath,
the senate shall choose necessary officers, and the lieutenant
governor or an officer authorized by law to administer oaths shall
administer the official oath to those officers.
SECTION 3. The heading to Subchapter B, Chapter 301,
Government Code, is amended to read as follows:
SUBCHAPTER B. COMMITTEES AND COMMITTEE PROCEDURE [LEGISLATIVE
REORGANIZATION ACT]
SECTION 4. Section 301.014, Government Code, is amended to
read as follows:
Sec. 301.014. POWERS AND DUTIES OF STANDING COMMITTEES.
(a) Each standing committee shall:
(1) conduct a continuing study of any matter within
its jurisdiction and of the instrumentalities of government
administering or executing the matter;
(2) examine the administration and execution of all
laws relating to matters within its jurisdiction;
(3) conduct investigations to collect adequate
information and materials necessary to perform its duties; and
(4) [formulate legislative programs; and
[(5) initiate, draft, and] recommend to the
appropriate house any legislation the committee believes is
necessary and desirable.
(b) [The chair of each standing committee shall introduce or
cause to be introduced the legislative programs developed by the
committee and shall mobilize committee efforts to secure the
enactment into law of committee proposals.
[(c)] Each committee may inspect the records, documents, and
files of each state department, agency, or office as necessary to
perform the committee's duties.
(c) [(d)] A standing committee is not limited in its
legislative endeavors to considering bills, resolutions, or other
proposals submitted by individual legislators. Each committee
shall search for problems within its jurisdiction and develop,
formulate, [initiate,] and recommend [secure] passage of any
legislative solution the committee believes is desirable.
SECTION 5. Section 301.015(b), Government Code, is amended
to read as follows:
(b) When the legislature is not in session, each standing
committee shall meet as necessary to transact the committee's
business. Each committee shall meet in Austin, except that if
authorized by rule or resolution of the house creating the
committee, the committee may meet in any location in this state that
the committee determines necessary. To the extent authorized by
rule or resolution, each committee may determine its meeting times.
SECTION 6. Sections 301.016 and 301.017, Government Code,
are amended to read as follows:
Sec. 301.016. SPECIAL COMMITTEES. (a) By rule or
resolution, each house acting individually or the two houses acting
jointly may create special committees.
(b) A special committee shall perform the duties and
functions and exercise the powers prescribed by the rule or
resolution creating the committee.
(c) Except as limited by the rule or resolution creating the
special committee, a special committee shall have and exercise the
powers granted under this subchapter to a standing committee. A
special committee also has any other powers delegated to it by the
rule or resolution creating the committee, subject to the
limitations of law.
Sec. 301.017. GENERAL INVESTIGATING COMMITTEES. (a) By
rule or resolution, each house may create a general investigating
committee.
(b) The senate general investigating committee must consist
of five senators appointed by the president of the senate. The
president of the senate shall designate one [a] committee member as
chairman and one committee member as vice chairman.
(c) The house general investigating committee must consist
of not fewer than five house members appointed by the speaker. The
speaker shall designate one [a] committee member as chairman and
one committee member as vice chairman.
(d) Each member serves a term beginning on the date of the
member's appointment and ending with the convening of the next
regular session following the date of appointment.
(e) If a vacancy occurs on a general investigating
committee, the appropriate appointing authority shall appoint a
person to fill the vacancy in the same manner as the original
appointment.
(f) [Each general investigating committee shall select a
vice-chairman and secretary from among its members.
[(g)] Members of a general investigating committee are
entitled to reimbursement for actual and necessary expenses
incurred in attending committee meetings and engaging in committee
work.
(g) [(h)] All expenses of a general investigating
committee, including compensation of the committee's employees and
expenses incurred by members, shall be paid out of any
appropriation to the legislature under Section 301.029 [for
mileage, per diem, and contingent expenses].
SECTION 7. Section 301.018(e), Government Code, is amended
to read as follows:
(e) If the general investigating committees decide not to
conduct joint hearings as provided by Section 301.019, the
committees shall establish a liaison to fully inform each other
[the chairman of the inactive committee] of the nature and progress
of committee inquiries [any inquiry by the other committee].
SECTION 8. Section 301.019(c), Government Code, is amended
to read as follows:
(c) A majority of the [Seven] members from each house's
committee constitutes [of a joint general investigating committee
constitute] a quorum of a joint general investigating committee.
SECTION 9. Section 301.020(e), Government Code, is amended
to read as follows:
(e) Information held by a general investigating committee
[that if held by a law enforcement agency or prosecutor would be
excepted from the requirements of Section 552.021 under Section
552.108] is confidential and not subject to public disclosure
except as provided by the rules of the house establishing the
committee.
SECTION 10. Section 301.032, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsection (d) to read
as follows:
(b) Subject to Subsection (c), a [A] committee created by
rule or resolution may accept gifts, grants, and donations for
purposes of funding the committee's activities unless the rule or
resolution prohibits the acceptance.
(c) The acceptance of a gift, grant, or donation under
Subsection (b) is not effective until the committee on
administration for the appropriate house, or the committees on
administration for both houses in the case of acceptance by a joint
committee, approves the acceptance.
(d) All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the appropriate
body and reported in the public record of the accepting body with
the name of the donor and purpose of the gift, grant, or donation.
SECTION 11. Section 301.041, Government Code, is
transferred to Subchapter B, Chapter 301, Government Code,
redesignated as Section 301.033, Government Code, and amended to
read as follows:
Sec. 301.033 [301.041]. TERMINATION OF MEMBERSHIP ON
INTERIM COMMITTEE. (a) A duly appointed senator's or
representative's membership on the Legislative Budget Board,
Legislative Library Board, Legislative Audit Committee, Texas
Legislative Council, or any other interim committee terminates if
the member:
(1) resigns the membership;
(2) ceases membership in the legislature for any
reason; or
(3) fails to be nominated or elected to the
legislature for the next term.
(b) A vacancy created under this section shall be
immediately filled by appointment for the unexpired term in the
same manner as the original appointment.
(c) If a member serves on the Legislative Budget Board,
Legislative Library Board, or Legislative Audit Committee because
of the member's position as chairman of a standing committee, this
section does not affect the member's position as chairman of that
standing committee.
(d) In filling a vacancy created under this section, the
lieutenant governor or the speaker may appoint a senator or
representative, as appropriate, other than a committee chairman
designated by law to serve as a member of the Legislative Budget
Board, Legislative Library Board, Legislative Audit Committee,
Texas Legislative Council, or any other interim committee. An
appointment made under this subsection does not constitute an
appointment to any position other than that of a member of a board,
council, or committee covered by this section.
SECTION 12. The heading to Subchapter C, Chapter 301,
Government Code, is amended to read as follows:
SUBCHAPTER C. LEGISLATIVE OFFICERS AND EMPLOYEES [MEMBERSHIP ON
INTERIM COMMITTEES]
SECTION 13. Subchapter C, Chapter 301, Government Code, is
amended by adding Sections 301.041, 301.042, and 301.043 to read as
follows:
Sec. 301.041. COMMUNICATIONS WITH PARLIAMENTARIANS. (a)
Communications, including conversations, correspondence, and
electronic communications, between a member, officer, or employee
of the legislative branch and a parliamentarian appointed by the
presiding officer of either house that relate to a request by the
member, officer, or employee for information, advice, or opinions
from a parliamentarian are confidential and subject to legislative
privilege. Information, advice, and opinions given privately by a
parliamentarian to a member, officer, or employee of the
legislative branch, acting in the member's, officer's, or
employee's official capacity, are confidential and subject to
legislative privilege. However, the member, officer, or employee of
the legislative branch may choose to disclose all or a part of the
communications, information, advice, or opinions to which this
section applies, and such disclosure does not violate the law of
this state.
(b) Records relating to requests made of a parliamentarian
appointed under Subsection (a) for assistance, information,
advice, or opinion are not public information and are not subject to
Chapter 552.
(c) In this section:
(1) "Member, officer, or employee of the legislative
branch" includes:
(A) a member, member-elect, or officer of either
house of the legislature or of a legislative committee;
(B) an employee of the legislature, including an
employee of a legislative agency, office, or committee; and
(C) the lieutenant governor.
(2) "Parliamentarian" includes an employee of a
parliamentarian.
Sec. 301.042. COMMUNICATIONS WITH ENGROSSING AND ENROLLING
DEPARTMENT. (a) In this section, "department" means an engrossing
and enrolling department maintained by either house of the
legislature.
(b) Communications, including conversations,
correspondence, and electronic communications, between a member of
the legislature or the lieutenant governor, an officer of the house
or senate, a legislative agency, office, or committee, or a member
of the staff of any of those officers or entities and an assistant
or employee of a department that relate to a request by the officer
or entity for information, advice, or opinions from an assistant or
employee of the department are confidential and subject to
legislative privilege.
(c) A communication described by Subsection (b) is subject
to attorney-client privilege if:
(1) the assistant or employee of the department who is
a party to the communication is a department attorney or is working
at the direction of a department attorney;
(2) the communication is given privately; and
(3) the communication is made in connection with the
department attorney's provision of legal advice or other legal
services.
(d) Information, advice, and opinions given privately by an
assistant or employee of a department to a member of the legislature
or the lieutenant governor, an officer of the house or senate, a
legislative agency, office, or committee, or a member of the staff
of any of those officers or entities, when acting in the person's
official capacity, are confidential and subject to legislative
privilege.
(e) The member of the legislature, lieutenant governor,
house or senate officer, or legislative agency, office, or
committee may choose to disclose all or a part of the
communications, information, advice, or opinions to which this
section applies and to which the individual or entity was a party.
(f) This section does not affect the authority of a court to
analyze and apply attorney-client privilege under the applicable
rules of evidence governing a judicial proceeding.
Sec. 301.043. ENGROSSING AND ENROLLING DEPARTMENT RECORDS
OF DRAFTING AND OTHER REQUESTS. (a) In this section, "department"
has the meaning assigned by Section 301.042(a).
(b) Records relating to requests of department staff for the
drafting of proposed legislation or for assistance, information,
advice, or opinion are:
(1) subject to legislative privilege; and
(2) not public information and not subject to Chapter
552.
SECTION 14. Section 301.007, Government Code, is
transferred to Subchapter D, Chapter 301, Government Code, and
redesignated as Section 301.052, Government Code, to read as
follows:
Sec. 301.052 [301.007]. DISTRIBUTION OF JOURNALS. (a) The
lieutenant governor and speaker shall each appoint an employee to
distribute the journal of the respective houses.
(b) The employee shall distribute a copy of the journal to:
(1) the governor;
(2) each member of the legislature; and
(3) heads of departments, if requested.
SECTION 15. Chapter 301, Government Code, is amended by
adding Subchapter F, and a subchapter heading is added to read as
follows:
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
SECTION 16. Section 301.034, Government Code, is
transferred to Subchapter F, Chapter 301, Government Code, as added
by this Act, and redesignated as Section 301.071, Government Code,
to read as follows:
Sec. 301.071 [301.034]. SALE OF TEXAS FLAGS AND SIMILAR
ITEMS. Either house of the legislature may acquire and provide for
the sale of Texas flags and other items carrying symbols of the
State of Texas.
SECTION 17. Subchapter F, Chapter 301, Government Code, as
added by this Act, is amended by adding Section 301.072 to read as
follows:
Sec. 301.072. STATE BUILDINGS OCCUPIED BY LEGISLATIVE
OFFICES AND AGENCIES. (a) This section applies to a state building
that is:
(1) occupied by a legislative office or agency;
(2) located in the Capitol complex, as defined by
Section 443.0071; and
(3) not described by Section 2165.007(b)(6).
(b) The presiding officers of each house of the legislature,
in consultation with the legislative offices or agencies occupying
a state building, shall jointly decide the following with respect
to a state building to which this section applies, the building's
facilities, and the grounds used by occupants of the building:
(1) the use of space by and allocation of space to a
legislative office or agency;
(2) security and building access for a legislative
office or agency;
(3) the manner in which a legislative office or agency
contracts for a construction or remodeling project involving space
allocated to the office or agency; and
(4) the timing and logistics of a maintenance or
construction activity involving the building, facilities, or
grounds that affects a legislative office or agency.
SECTION 18. Section 303.003(c), Government Code, is amended
to read as follows:
(c) Contributions from a contributor to the speaker's
reunion day ceremony may not exceed an aggregate of $1,000 [$500]
cash or an aggregate value of more than $1,000 [$500].
SECTION 19. Chapter 306, Government Code, is amended by
adding Sections 306.008 and 306.009 to read as follows:
Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) To protect the
public's interest in the proper performance of the deliberative and
policymaking responsibilities of the legislature and to preserve
the legislative branch's independence under the fundamental
principle of separation of powers, as guaranteed by Article II and
Section 21, Article III, Texas Constitution, a communication is
confidential and subject to legislative privilege if the
communication:
(1) is given privately;
(2) concerns a legislative activity or function; and
(3) is among or between any of the following:
(A) a member of the house or senate;
(B) the lieutenant governor;
(C) an officer of the house or senate;
(D) a member of the governing body of a
legislative agency; or
(E) a legislative employee.
(b) A communication described by Subsection (a) is subject
to attorney-client privilege if:
(1) one of the parties to the communication is a
legislative attorney or a legislative employee working at the
direction of a legislative attorney; and
(2) the communication is made in connection with the
legislative attorney's provision of legal advice or other legal
services.
(c) A member of the house or senate, the lieutenant
governor, or an officer of the house or senate may choose to
disclose all or part of a communication to which Subsection (a) or
(b) applies and to which the individual or a legislative employee
acting on behalf of the individual was a party.
(d) This section does not affect the authority of a court to
analyze and apply legislative or attorney-client privileges under
the applicable rules of evidence governing a judicial proceeding.
(e) In this section:
(1) "Legislative agency" means a board, commission,
committee, council, department, office, or any other agency in the
legislative branch of state government. The term does not include
the Texas Ethics Commission.
(2) "Legislative attorney" means an attorney employed
or engaged by the house, the senate, a member of the house or
senate, the lieutenant governor, an officer of the house or senate,
a house or senate committee, a joint committee, or a legislative
agency.
(3) "Legislative employee" means:
(A) an employee of, assistant to, or credentialed
intern for any part of the legislative branch of state government,
including the house, the senate, a member of the house or senate,
the lieutenant governor, an officer of the house or senate, a house
or senate committee, a joint committee, or a legislative agency; or
(B) a person performing services under a contract
entered into with the house, the senate, a house or senate
committee, or a legislative agency.
Sec. 306.009. CUSTODIAN OF CERTAIN LEGISLATIVE RECORDS.
(a) A member of the legislature, the lieutenant governor, an
officer of the house or senate, or a legislative agency, office, or
committee that stores records with or transfers records to the
Legislative Reference Library or the Texas State Library and
Archives Commission:
(1) possesses, maintains, or controls the records for
purposes of litigation; and
(2) is the custodian of the records for purposes of
Chapter 552.
(b) Subsection (a) does not apply to a member of the
legislature or the lieutenant governor after the individual's
service as a member or lieutenant governor ends.
SECTION 20. Sections 314.003(a) and (b), Government Code,
are amended to read as follows:
(a) If a fiscal note is required on a bill or resolution, it
must be attached to the bill or resolution as provided by the rules
of the appropriate house of the legislature [before a committee
hearing on the bill or resolution may be conducted].
(b) The fiscal note must be printed as part of [on the first
page of] the committee report of the bill or resolution and as part
[on the first page] of all subsequent printings, as provided by the
rules of the appropriate house of the legislature.
SECTION 21. Section 323.006(a), Government Code, is amended
to read as follows:
(a) The council shall:
(1) study and investigate the functions and problems
of state departments, agencies, and officers;
(2) conduct investigations and studies and make
reports that may be considered useful to the legislative branch of
state government;
(3) gather and disseminate information for the
legislature's use;
(4) meet and perform council functions during the
legislative interim;
(5) make periodic reports to all members of the
legislature and keep the legislature fully informed of all issues
that may come before the council, any action taken on an issue, and
the progress made on an issue;
(6) report council recommendations to the legislature
and, if appropriate, provide drafts of legislation with the report;
(7) assist the legislature in drafting proposed
legislation; [and]
(8) provide legal advice and other legal services to
the legislature; and
(9) provide data-processing services to aid members
and legislative committees in accomplishing their legislative
duties.
SECTION 22. Sections 323.017 and 323.018, Government Code,
are amended to read as follows:
Sec. 323.017. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.
(a) Communications, including conversations, correspondence, and
electronic communications, between a member of the legislature or
the lieutenant governor, an officer of the house or senate, a
legislative agency, office, or committee, or a member of the staff
of any of those officers or entities and an assistant or employee of
the council that relate to a request by the officer or entity
[official] for information, advice, or opinions from an assistant
or employee of the council are confidential and subject to
legislative privilege.
(b) A communication described by Subsection (a) is subject
to attorney-client privilege if:
(1) the assistant or employee of the council who is a
party to the communication is a council attorney or is working at
the direction of a council attorney;
(2) the communication is given privately; and
(3) the communication is made in connection with the
council attorney's provision of legal advice or other legal
services.
(c) Information, advice, and opinions given privately by an
assistant or employee of the council to a member of the
legislature[,] or the lieutenant governor, an officer of the house
or senate, a legislative agency, office, or committee, or a member
of the staff of any of those officers or entities, when acting in
the person's official capacity, are confidential and subject to
legislative privilege.
(d) The [However, the] member of the legislature, [or]
lieutenant governor, house or senate officer, or legislative
agency, office, or committee may choose to disclose all or a part of
the communications, information, advice, or opinions to which this
section applies[,] and to which the individual or entity was a party
[such a disclosure does not violate the law of this state].
(e) This section does not affect the authority of a court to
analyze and apply attorney-client privilege under the applicable
rules of evidence governing a judicial proceeding.
Sec. 323.018. RECORDS OF DRAFTING AND OTHER REQUESTS.
Records relating to requests of council staff for the drafting of
proposed legislation or for assistance, information, advice, or
opinion are:
(1) subject to legislative privilege; and
(2) not public information and not subject to Chapter
552.
SECTION 23. Chapter 323, Government Code, is amended by
adding Section 323.021 to read as follows:
Sec. 323.021. LEGISLATIVE OFFICE RECORDS. A member of the
legislature, the lieutenant governor, an officer of the house or
senate, or a legislative agency, office, or committee that uses a
system made available by the council to transmit, store, or
maintain records:
(1) possesses, maintains, or controls the records for
purposes of litigation; and
(2) is the custodian of the records for purposes of
Chapter 552.
SECTION 24. Section 324.001, Government Code, is amended by
adding Subdivisions (4), (5), and (6) to read as follows:
(4) "Legislative entity" means a member of the
legislature, the lieutenant governor, an officer of the house or
senate, or a legislative committee, department, or office, but does
not include a legislative agency created by Subtitle C, Title 3.
(5) "Legislative record" means a record, including a
state record or archival state record, created by a legislative
entity. The term includes records described by Section 324.008(b).
(6) "State record" and "archival state record" have
the meanings assigned by Section 441.180.
SECTION 25. Sections 324.007(b) and (c), Government Code,
are amended to read as follows:
(b) The library shall contain, as may best be made available
for legislative use, the following items:
(1) checklists and catalogues of current legislation
in this and other states;
(2) catalogues of bills and resolutions presented in
either house of the legislature;
(3) checklists of public documents in each state;
(4) checklists of all reports issued by each
department, agency, board, or commission of this state; [and]
(5) digests of public laws of this and other states;
(6) legislative records; and
(7) other items designated by the board or the
director.
(c) The director and library employees shall provide any
assistance requested by a member of the legislature in researching,
analyzing, evaluating, and preparing bills and resolutions.
SECTION 26. The heading to Section 324.008, Government
Code, is amended to read as follows:
Sec. 324.008. DEPOSIT AND MANAGEMENT [DISPOSITION] OF
DOCUMENTS.
SECTION 27. Sections 324.008(a) and (c), Government Code,
are amended to read as follows:
(a) The library is a depository library as defined by
Section 441.101 [Section 1, Chapter 438, Acts of the 58th
Legislature, 1963 (Article 5442a, Vernon's Texas Civil Statutes),]
and shall receive state documents and publications from other
states distributed by the Texas State Library.
(c) At the close of each legislative session, each daily
legislative journal, bill, or resolution possessed by the senate or
house sergeant at arms shall be delivered to the library to be
managed as a legislative record under Section 324.0085 [disposed of
at the discretion of the director].
SECTION 28. Chapter 324, Government Code, is amended by
adding Sections 324.0085 and 324.0086 to read as follows:
Sec. 324.0085. LEGISLATIVE RECORDS. (a) In this section:
(1) "Commission," "records management officer," and
"state records administrator" have the meanings assigned by Section
441.180.
(2) "Director and librarian of the commission" means
the chief executive and administrative officer of the Texas State
Library and Archives Commission.
(b) The library is the depository for legislative records.
(c) Except as otherwise provided by this chapter, a
legislative record must be managed by the director in the same
manner that a state record is managed under Subchapter L, Chapter
441. For a legislative record, with regard to the requirements of
Subchapter L, Chapter 441:
(1) the board shall perform the functions and duties
of the commission; and
(2) the director shall perform the functions and
duties of:
(A) the director and librarian of the commission;
(B) the state records administrator; and
(C) the records management officer.
(d) Legislative records shall be transferred to the library
or a depository outside the library under Section 324.0086, in
accordance with any applicable records retention schedule approved
by the director under this section.
(e) A legislative entity may retrieve, for temporary use,
records transferred by the legislative entity to the library or a
depository outside the library. The director and library employees
shall assist the legislative entity with retrieval of the records,
and the legislative entity shall return the records to the library
following the legislative entity's use.
(f) Under the direction of the legislative entity that
created the records transferred to the library, or of the public
information officer of the appropriate house of the legislature in
the case of a former legislative entity, the director shall protect
privileged or confidential legislative records held by the library
or a depository outside the library from public disclosure.
(g) Under the direction of the public information officer of
the legislative entity that transferred a legislative record to the
library or an authorized depository outside the library, or of the
public information officer of the appropriate house of the
legislature in the case of a former legislative entity, the
director shall respond to requests received under Chapter 552 for
the legislative record. The director shall notify the public
information officer responsible for the legislative record as soon
as practicable after receiving a request described by this
subsection.
(h) The director may:
(1) transfer legislative records to the Texas State
Library and Archives Commission for management under Subchapter L,
Chapter 441; and
(2) request the Texas State Library and Archives
Commission to return to the library, without charge to the library,
legislative records held by the commission.
(i) To the extent of any conflict, this section prevails
over Chapter 441 or any other state law relating to the management
of legislative records.
Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A
member of the legislature may apply to the board to place records
that were created or received by the member's office during the
member's term in a depository other than the library.
(b) The board shall:
(1) create a list of preapproved depositories in which
members of the legislature may place records of their legislative
offices; and
(2) by rule adopt policies and procedures to approve
additional depositories.
(c) The director is responsible for the preservation of
records described by Subsection (a) placed in a depository other
than the library. Ownership and legal custody of the records remain
with the legislature as provided by Section 324.0085. The records
may not be intermingled with other holdings of the institution that
serves as a depository.
SECTION 29. Subchapter L, Chapter 441, Government Code, is
amended by adding Section 441.1821 to read as follows:
Sec. 441.1821. LEGISLATIVE RECORDS MANAGEMENT. (a) As
used in this section, "legislative record" has the meaning assigned
by Section 324.001.
(b) Upon receipt of a request from the Legislative Reference
Library for the return of a legislative record in the custody of the
commission, the commission shall immediately return the
legislative record to the library, at no cost to the library.
(c) Notwithstanding any other law, the Legislative
Reference Library shall manage legislative records under Chapter
324. To the extent of any conflict, Chapter 324 prevails over this
chapter or any other state law relating to the management of state
records that are legislative records.
SECTION 30. Section 602.002, Government Code, is amended to
read as follows:
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
state may be administered and a certificate of the fact given by:
(1) a judge, retired judge, or clerk of a municipal
court;
(2) a judge, retired judge, senior judge, clerk, or
commissioner of a court of record;
(3) a justice of the peace or a clerk of a justice
court;
(4) an associate judge, magistrate, master, referee,
or criminal law hearing officer;
(5) a notary public;
(6) a member of a board or commission created by a law
of this state, in a matter pertaining to a duty of the board or
commission;
(7) a person employed by the Texas Ethics Commission
who has a duty related to a report required by Title 15, Election
Code, in a matter pertaining to that duty;
(8) a county tax assessor-collector or an employee of
the county tax assessor-collector if the oath relates to a document
that is required or authorized to be filed in the office of the
county tax assessor-collector;
(9) the secretary of state or a former secretary of
state;
(10) an employee of a personal bond office, or an
employee of a county, who is employed to obtain information
required to be obtained under oath if the oath is required or
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
Criminal Procedure;
(11) the lieutenant governor or a former lieutenant
governor;
(12) the speaker of the house of representatives or a
former speaker of the house of representatives;
(13) the governor or a former governor;
(14) a legislator or retired legislator;
(14-a) the secretary of the senate or the chief clerk
of the house of representatives;
(15) the attorney general or a former attorney
general;
(16) the secretary or clerk of a municipality in a
matter pertaining to the official business of the municipality;
(17) a peace officer described by Article 2.12, Code
of Criminal Procedure, if:
(A) the oath is administered when the officer is
engaged in the performance of the officer's duties; and
(B) the administration of the oath relates to the
officer's duties; or
(18) a county treasurer.
SECTION 31. Records described by Section 301.041(b) or
301.043, Government Code, as added by this Act, or Section 323.018,
Government Code, as amended by this Act, are not subject to request,
inspection, or duplication under Chapter 552, Government Code. A
governmental body may withhold the records without the necessity of
requesting a decision from the attorney general under Subchapter G,
Chapter 552, Government Code.
SECTION 32. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4181 was passed by the House on May 3,
2019, by the following vote: Yeas 136, Nays 0, 6 present, not
voting;
that the House concurred in Senate amendments to H.B. No.
4181 on May 23, 2019, by the following vote: Yeas 142, Nays 1, 2
present, not voting; and that the House adopted H.C.R. No. 189
authorizing certain corrections in H.B. No. 4181 on May 26, 2019, by
the following vote: Yeas 143, Nays 0, 6 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4181 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 27, Nays
4; and that the Senate adopted H.C.R. No. 189 authorizing certain
corrections in H.B. No. 4181 on May 26, 2019, by the following vote:
Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor