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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Republican 2-0)

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

Download: Texas-2019-HB4181-Introduced.html

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By: Geren H.B. No. 4181

A BILL TO BE ENTITLED
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 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 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 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 them.
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 its 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 [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 301.041, Government Code, is
transferred to Subchapter B, Chapter 301, Government Code, as
amended by this Act, 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 11. 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 12. Subchapter C, Chapter 301, Government Code, is
amended by adding Section 301.041 to read as follows:
Sec. 301.041. COMMUNICATIONS WITH PARLIAMENTARIANS. (a)
Communications, including conversations, correspondence, and
electronic communications, between a member of the legislative
branch and a parliamentarian appointed by the presiding officer of
either house that relate to a request by the member for information,
advice, or opinions from a parliamentarian are confidential.
Information, advice, and opinions given privately by a
parliamentarian to a member of the legislative branch, acting in
the person's official capacity, are confidential. However, the
member 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 (c) for assistance, information,
advice, or opinion are not public information.
(c) As used in this section:
(1) "member of the legislative branch" means a member,
member-elect, or officer of the legislature or of a legislative
committee, or an employee of the legislature, and includes the
lieutenant governor.
(2) "parliamentarian" includes an employee of a
parliamentarian.
SECTION 13. Section 301.007, Government Code, is
transferred to Subchapter D, Chapter 301, Government Code,
redesignated as Section 301.052, Government Code, and amended 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 14. Chapter 301, Government Code, is amended by
adding Subchapter F with a chapter heading as follows:
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
SECTION 15. Section 301.034, Government Code, is
transferred to Subchapter F, Chapter 301, Government Code, as added
by this Act, redesignated as Section 301.071, Government Code, and
amended 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 16. Section 301.033, Government Code, is
transferred to Subchapter F, Chapter 301, Government Code, as added
by this Act, redesignated as Section 301.072, and amended to read as
follows:
Sec. 301.072 [301.033]. ALLOCATION OF SPACE IN LEGISLATIVE
SERVICES BUILDING. (a) The space in the legislative services
office building and parking facilities authorized by Chapter 168,
Acts of the 74th Legislature, Regular Session, 1995, is allocated
to the legislature and legislative agencies for their use. The
presiding officers of each house of the legislature shall jointly
decide the allocation of the space in the building and facilities.
(b) The building shall be known as the Robert E. Johnson
Building.
SECTION 17. Chapter 306, Government Code, is amended by
adding Section 306.008 to read as follows:
Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) A communication
is confidential and subject to legislative privilege if the
communication:
(1) is between a legislative assistant or employee and
a member of the legislature, an officer of the legislature,
legislative staff, or the lieutenant governor;
(2) is given privately; and
(3) constitutes legislative business.
(b) A communication is confidential and subject to
attorney-client privilege if the communication:
(1) is between a legislative attorney or a legislative
employee working at the direction of a legislative attorney and a
member of the legislature, an officer of the legislature,
legislative staff, or the lieutenant governor;
(2) is given privately; and
(3) constitutes legal advice or legal services.
(c) A member of the legislature, an officer of the
legislature, or the lieutenant governor may choose to disclose all
or a part of a communication to which Subsection (a) or (b) applies.
SECTION 18. 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, the office of a member or the
lieutenant governor, an officer of the legislature, or a
legislative agency that uses a mechanism 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 19. Section 602.002, Government Code, is amended by
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 20. 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.