Bill Text: TX HB5125 | 2023-2024 | 88th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
88R24402 BEF-F | |||
By: Metcalf | H.B. No. 5125 | ||
Substitute the following for H.B. No. 5125: | |||
By: Metcalf | C.S.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 | ||
designates 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 sine die adjournment of the second regular session | ||
of the legislature that begins after the date the entity is created | ||
or authorized. | ||
(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 Sections 301.073 and 301.074 to read as follows: | ||
Sec. 301.073. FACILITIES MANAGEMENT SERVICES FOR SPACE | ||
OCCUPIED BY LEGISLATURE. (a) In this section, "facilities | ||
management services" has the meaning assigned by Section 2165.007, | ||
except that the term does not include utility services or utility | ||
expenses. | ||
(b) Notwithstanding Section 2165.007 or other law and | ||
except as otherwise provided by this section, the State | ||
Preservation Board is responsible for providing: | ||
(1) for the Sam Houston Building, the facilities | ||
management services designated by the administrative head of the | ||
senate; | ||
(2) for the John H. Reagan Building, the facilities | ||
management services designated by the administrative head of the | ||
house; and | ||
(3) for the Robert E. Johnson Building and the | ||
attached parking facility known as state parking garage P, the | ||
facilities management services designated by the administrative | ||
head of the Texas Legislative Council in consultation with the | ||
other affected legislative agencies occupying space in the | ||
building. | ||
(c) The Texas Facilities Commission shall: | ||
(1) provide any facilities management service for a | ||
facility listed in Subsection (b) that has not been designated to be | ||
performed by the State Preservation Board; | ||
(2) operate and maintain the central utility plant in | ||
the Sam Houston Building; | ||
(3) subject to Subdivision (4), operate and maintain | ||
the chiller utility plant attached to the Robert E. Johnson | ||
Building; and | ||
(4) as part of phase 2 construction of the Capitol | ||
Complex master plan developed under Section 2166.105: | ||
(A) connect the Robert E. Johnson Building to the | ||
centralized chilled water distribution system described by that | ||
plan; and | ||
(B) subsequently decommission the chiller | ||
utility plant attached to the Robert E. Johnson Building, except | ||
for portions of the plant needed to provide backup chilled water for | ||
the building's data center or other critical infrastructure | ||
identified by the administrative head of the Texas Legislative | ||
Council. | ||
(d) The Texas Facilities Commission shall transfer to the | ||
State Preservation Board an amount of money sufficient to reimburse | ||
the board for the costs incurred by the board to perform the | ||
services described by Subsection (b). | ||
(e) This section does not, and may not be construed to, | ||
specifically commit the control of any public buildings or grounds | ||
to the State Preservation Board for purposes of Section 2165.002 or | ||
any other law. | ||
(f) For the chamber and committee rooms occupied by the | ||
house and senate in the Capitol, Capitol Extension, and any | ||
legislative office building, the administrative head of agency for | ||
the appropriate house shall specify the scope, manner, and | ||
performance of all work related to audiovisual systems, including | ||
sound systems. | ||
Sec. 301.074. LEGISLATIVE AGENCY ADMINISTRATIVE FUNCTIONS. | ||
(a) In this section: | ||
(1) "Financial system" includes an accounting system, | ||
payroll system, purchasing system, human resources information | ||
system, or enterprise resource planning system. | ||
(2) "Legislative agency" has the meaning assigned by | ||
Sections 326.001(1)(A)-(B) and (D)-(H). | ||
(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) A legislative agency may use an internal financial | ||
system selected by the administrative head of the agency. | ||
(e) The comptroller shall provide an application | ||
programming interface or other means mutually acceptable to the | ||
administrative head of a legislative agency and the comptroller for | ||
the legislative agency's internal financial system to exchange the | ||
requisite financial and other data with the financial system of | ||
record for this state necessary for the comptroller to pay each | ||
agency's expenses from that agency's funds as held by the | ||
comptroller. | ||
(f) A legislative agency may use all or any part of a | ||
financial system provided by the comptroller under Chapter 2101 or | ||
other law as mutually agreed to by the administrative head of the | ||
agency and the comptroller. | ||
(g) This section prevails to the extent of a conflict | ||
between this section and Chapter 2101. | ||
SECTION 5. 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 6. 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 7. Section 325.003(a-1), Government Code, is | ||
amended to read as follows: | ||
(a-1) A public member acts on behalf of the legislature when | ||
participating on the commission in furtherance of the legislature's | ||
duty to provide oversight of state [ |
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implementation of legislative priorities. | ||
SECTION 8. 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 9. Section 2052.205(a), Government Code, is amended | ||
to read as follows: | ||
(a) A state agency shall send to the Legislative Reference | ||
Library three physical [ |
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each publication that it distributes. | ||
SECTION 10. 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 11. Section 31, Chapter 1250 (H.B. 4181), Acts of | ||
the 86th Legislature, Regular Session, 2019, is amended to read as | ||
follows: | ||
Sec. 31. Records described by Section 301.041(b) or | ||
301.043, Government Code, as added by this Act, or Section | ||
301.020(e) or 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 12. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 2053.004; | ||
(2) Chapter 2060; and | ||
(3) Section 2206.101(e). | ||
SECTION 13. Section 301.036(c), Government Code, as added | ||
by this Act, applies only to an entity described by Section | ||
301.036(a), Government Code, as added by this Act, that is created | ||
or authorized on or after the effective date of this Act. | ||
SECTION 14. 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. |