Bill Text: TX HB4294 | 2021-2022 | 87th Legislature | Comm Sub

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 through joint entities.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2021-06-18 - Effective immediately [HB4294 Detail]

Download: Texas-2021-HB4294-Comm_Sub.html

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87R23357 BEF-F
By: Metcalf H.B. No. 4294
Substitute the following for H.B. No. 4294:
By: Metcalf C.S.H.B. No. 4294

A BILL TO BE ENTITLED
AN ACT
relating to the organization and efficient operation of the
legislative branch of state government through joint entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 301, Government Code, is
amended by adding Section 301.035 to read as follows:
Sec. 301.035. JOINT INTERIM COMMITTEE PER DIEM AND TRAVEL
EXPENSES. Unless a statute expressly provides otherwise, per diem
and travel expenses paid to a member of a joint committee
established by statute 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 2. Section 321.002, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) Notwithstanding Chapter 551 or other law, if the joint
chairs of the committee are physically present at a meeting of the
committee located in Austin, then any number of the other members of
the committee may attend and participate in the meeting remotely by
use of telephone conference call, video conference call, or other
similar means of telecommunication. A member of the committee who
participates in a meeting remotely as provided by this subsection
is considered present for purposes of determining whether a quorum
is present, for purposes of voting, and for any other purpose that
allows a member of the committee to otherwise fully participate in a
meeting of the committee. This subsection applies:
(1) only if a disaster has been declared for the first
time after the date of final adjournment of the most recent regular
session of the legislature and is currently in effect in this state
as the result of:
(A) a declaration by the president of the United
States under federal law; or
(B) a declaration or determination by a public
officer, governing body, or authority under Chapter 418 of this
code, Chapter 81, Health and Safety Code, or other law including the
Texas Constitution; and
(2) regardless of the subject of the meeting or the
topics considered by the members.
(g) A meeting held under Subsection (f) by use of telephone
conference call, video conference call, or other similar means of
telecommunication:
(1) is subject to the notice requirements applicable
to other meetings of the committee;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the joint chairs will be
physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the joint chairs
will be physically present;
(4) must provide two-way audio communication between
all members of the committee attending the meeting during the
entire meeting; and
(5) if the two-way audio communication link with any
member attending the meeting is disrupted at any time, may not
continue until the two-way audio communication link is
reestablished.
SECTION 3. Section 323.003, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding Chapter 551 or other law, if the joint
chairs of the council are physically present at a meeting of the
council located in Austin, then any number of the other members of
the council may attend and participate in the meeting remotely by
use of telephone conference call, video conference call, or other
similar means of telecommunication. A member of the council who
participates in a meeting remotely as provided by this subsection
is considered present for purposes of determining whether a quorum
is present, for purposes of voting, and for any other purpose that
allows a member of the council to otherwise fully participate in a
meeting of the council. This subsection applies:
(1) only if a disaster has been declared for the first
time after the date of final adjournment of the most recent regular
session of the legislature and is currently in effect in this state
as the result of:
(A) a declaration by the president of the United
States under federal law; or
(B) a declaration or determination by a public
officer, governing body, or authority under Chapter 418 of this
code, Chapter 81, Health and Safety Code, or other law including the
Texas Constitution; and
(2) regardless of the subject of the meeting or the
topics considered by the members.
(f) A meeting held under Subsection (e) by use of telephone
conference call, video conference call, or other similar means of
telecommunication:
(1) is subject to the notice requirements applicable
to other meetings of the council;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the joint chairs will be
physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the joint chairs
will be physically present;
(4) must provide two-way audio communication between
all members of the council attending the meeting during the entire
meeting; and
(5) if the two-way audio communication link with any
member attending the meeting is disrupted at any time, may not
continue until the two-way audio communication link is
reestablished.
SECTION 4. Section 324.004, Government Code, is amended by
adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding Chapter 551 or other law, if the joint
chairs of the board are physically present at a meeting of the board
located in Austin, then any number of the other members of the board
may attend and participate in the meeting remotely by use of
telephone conference call, video conference call, or other similar
means of telecommunication. A member of the board who participates
in a meeting remotely as provided by this subsection is considered
present for purposes of determining whether a quorum is present,
for purposes of voting, and for any other purpose that allows a
member of the board to otherwise fully participate in a meeting of
the board. This subsection applies:
(1) only if a disaster has been declared for the first
time after the date of final adjournment of the most recent regular
session of the legislature and is currently in effect in this state
as the result of:
(A) a declaration by the president of the United
States under federal law; or
(B) a declaration or determination by a public
officer, governing body, or authority under Chapter 418 of this
code, Chapter 81, Health and Safety Code, or other law including the
Texas Constitution; and
(2) regardless of the subject of the meeting or the
topics considered by the members.
(f) A meeting held under Subsection (e) by use of telephone
conference call, video conference call, or other similar means of
telecommunication:
(1) is subject to the notice requirements applicable
to other meetings of the board;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the joint chairs will be
physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the joint chairs
will be physically present;
(4) must provide two-way audio communication between
all members of the board attending the meeting during the entire
meeting; and
(5) if the two-way audio communication link with any
member attending the meeting is disrupted at any time, may not
continue until the two-way audio communication link is
reestablished.
SECTION 5. Section 325.003, Government Code, is amended by
adding Subsections (l) and (m) to read as follows:
(l) Notwithstanding Chapter 551 or other law, if the
chairman and vice-chairman of the commission are physically present
at a meeting of the commission located in Austin, then any number of
the other members of the commission may attend and participate in
the meeting remotely by use of telephone conference call, video
conference call, or other similar means of telecommunication. A
member of the commission who participates in a meeting remotely as
provided by this subsection is considered present for purposes of
determining whether a quorum is present, for purposes of voting,
and for any other purpose that allows a member of the commission to
otherwise fully participate in a meeting of the commission. This
subsection applies:
(1) only if a disaster has been declared for the first
time after the date of final adjournment of the most recent regular
session of the legislature and is currently in effect in this state
as the result of:
(A) a declaration by the president of the United
States under federal law; or
(B) a declaration or determination by a public
officer, governing body, or authority under Chapter 418 of this
code, Chapter 81, Health and Safety Code, or other law including the
Texas Constitution; and
(2) regardless of the subject of the meeting or the
topics considered by the members.
(m) A meeting held under Subsection (l) by use of telephone
conference call, video conference call, or other similar means of
telecommunication:
(1) is subject to the notice requirements applicable
to other meetings of the commission;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the chairman and
vice-chairman will be physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the chairman and
vice-chairman will be physically present;
(4) must provide two-way audio communication between
all members of the commission attending the meeting during the
entire meeting; and
(5) if the two-way audio communication link with any
member attending the meeting is disrupted at any time, may not
continue until the two-way audio communication link is
reestablished.
SECTION 6. Section 326.001, Government Code, is amended to
read as follows:
Sec. 326.001. DEFINITION. In this chapter, "legislative
agency":
(1) means:
(A) [(1)] the senate;
(B) [(2)] the house of representatives;
(C) [(3)] a committee, division, department, or
office of the senate or house;
(D) [(4)] the Texas Legislative Council;
(E) [(5)] the Legislative Budget Board;
(F) [(6)] the Legislative Reference Library;
(G) [(7)] the office of the State Auditor; or
(H) [(8)] any other agency in the legislative
branch of state government; and
(2) does not include the Texas Ethics Commission.
SECTION 7. Section 326.002, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) The Texas Legislative Council may transfer money to
another legislative agency to cover expenses of the other agency
that the executive director of the council determines to be
necessary to further a purpose of the council.
SECTION 8. Chapter 762, Government Code, is transferred to
Subtitle C, Title 3, Government Code, redesignated as Chapter 329,
Government Code, and amended to read as follows:
CHAPTER 329 [762]. COMMISSION ON UNIFORM STATE LAWS
Sec. 329.001 [762.001]. DEFINITIONS. In this chapter:
(1) "Commission" means the Commission on Uniform State
Laws.
(2) "National conference" means the National
Conference of Commissioners on Uniform State Laws.
Sec. 329.002 [762.002]. DUTIES OF COMMISSION. (a) The
commission shall:
(1) promote the uniform judicial interpretation of all
uniform laws; and
(2) before January 1 of each odd-numbered year, submit
a biennial report to the legislature that contains an account of the
commission's transactions and its advice and recommendations for
legislation.
(b) The commission may supplement the report.
Sec. 329.003 [762.003]. COMPOSITION OF COMMISSION; TERMS.
(a) The commission is composed of:
(1) nine members appointed by the governor;
(2) two members appointed by the lieutenant governor,
who are members or officers of the senate;
(3) two members appointed by the speaker of the house
of representatives, who are members or officers of the house of
representatives;
(4) the chair of the standing committee of the senate
with primary jurisdiction over uniform state laws;
(5) the chair of the standing committee of the house of
representatives with primary jurisdiction over uniform state laws;
(6) the executive director of the Texas Legislative
Council or a person designated by the executive director; and
(7) [(3)] in addition to the persons described by
Subdivisions (1) through (6) [and (2)], residents of this state who
have long service in the cause of uniformity in state legislation as
shown by:
(A) at least 20 years of service representing the
state as an associate member of the national conference;
(B) election as a life member of the national
conference; or
(C) at least 15 years of service as a member of
the commission and at least five years of combined service as a
judge or justice of a trial or appellate court of this state.
(b) Appointments to the commission shall be made without
regard to the race, creed, sex, religion, or national origin of the
appointees.
(c) Members appointed by the governor under Subsection
(a)(1) [Appointed members] serve staggered six-year terms, with the
terms of three members expiring September 30 of each even-numbered
year.
(d) Members appointed by the lieutenant governor under
Subsection (a)(2) serve at the pleasure of the lieutenant governor.
(e) Members appointed by the speaker of the house of
representatives under Subsection (a)(3) serve at the pleasure of
the speaker.
Sec. 329.004 [762.004]. ELIGIBILITY [FOR APPOINTMENT];
LOBBYIST RESTRICTION. (a) To be eligible for appointment to or
service on the commission, a person must be an attorney licensed to
practice law.
(b) At least one of the commissioners, at the time of that
commissioner's appointment, must be a state judge.
(c) At least one of the commissioners, at the time of that
commissioner's appointment, must be a legal educator.
(d) A person required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation in
or on behalf of a profession related to the operation of the
commission may not serve as a commissioner or act as general counsel
to the commission.
Sec. 329.005 [762.005]. DUTIES OF COMMISSIONERS. Each
commissioner shall:
(1) promote uniformity in state laws in subject areas
in which uniformity is desirable and practicable; and
(2) attend national conference meetings.
Sec. 329.006 [762.006]. VACANCY; EXPIRATION OF TERM. (a)
This section applies only to a commissioner appointed by the
governor.
(b) The office of an appointed commissioner becomes vacant
on the death, resignation, failure or refusal to serve, or removal
of the commissioner.
(c) [(b)] The governor shall fill a vacancy by appointing a
person to the commission for the unexpired term of the commissioner
vacating the office.
(d) [(c)] On the vacancy or expiration of the term of office
of an appointed commissioner, the governor shall appoint a state
judge or legal educator if the appointment is required by Section
329.004(b) [762.004(b)] or (c).
Sec. 329.007 [762.008]. GROUNDS FOR REMOVAL. (a) It is a
ground for removal from the commission if a member:
(1) did not have, at the time of appointment or
election, the qualifications required by Section 329.004
[762.004];
(2) does not maintain the qualifications required by
Section 329.004 [762.004];
(3) is prohibited from serving as a commissioner under
Section 329.004(d) [762.004(d)]; or
(4) is ineligible to participate in activities of the
national conference.
(b) The validity of an action of the commission is not
affected because it is taken when a member is subject to removal.
Sec. 329.008 [762.009]. MEETING AND ELECTION OF OFFICERS.
(a) The commission shall meet at least once every two years.
(b) The commissioners shall elect a chair [chairman] and
secretary, who shall each hold office for a term of two years.
Sec. 329.009 [762.010]. COMPENSATION. A commissioner
serves without compensation but is entitled to be reimbursed for
reasonable expenses incurred in the performance of the
commissioner's duties.
Sec. 329.010 [762.011]. SUPPORT SERVICES. The Texas
Legislative Council shall provide accounting, clerical, and other
support services necessary for the commission to carry out its
duties.
SECTION 9. 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, 2021.