BILL ANALYSIS

 

 

Senate Research Center

H.C.R. 89

87R9734 KSM-D

By: Metcalf (Schwertner)

 

Administration

 

5/20/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Legislature for each of the last 19 regular sessions has adopted a concurrent resolution authorizing the creation and appointment of joint legislative study committees by the lieutenant governor and speaker of the house of representatives.

 

Renewal of the prior authorizations to the presiding officers enables the legislature to address and study issues that remain unresolved on sine die adjournment or that emerge subsequent to that time.

 

It is also desirable to adopt by resolution various rules and policies regarding the operation of joint committees to supplement, and reconcile differences between, the senate and house rules of procedure.

 

RESOLVED

 

That the 87th Legislature of the State of Texas hereby authorize the lieutenant governor and speaker of the house to create by mutual agreement such joint committees as they consider necessary during the term of this legislature.

 

That each joint committee created pursuant to this resolution be composed of such combination of legislators, state officials, or citizen members as is required to be determined mutually by the presiding officers of each house.

 

That on the request of the presiding officers, the governor is authorized to appoint members to a joint committee created pursuant to this resolution.

That the presiding officers issue for each committee so created a joint proclamation identifying the issue or issues to be studied and listing the committee membership or describing the committee composition and that the proclamation be filed with the secretary of the senate and the chief clerk of the house .

 

That the presiding officers designate jointly a chair, or designate alternatively two co-chairs, from among the committee membership.

 

That the chair or co-chairs, acting jointly and within four weeks of the proclamation, prepare and present to the presiding officers a proposal for budget and staffing.

 

That the chair or co-chairs be directed to use to the greatest extent possible the existing staff and administrative resources of committee members, standing committees, officers of the senate and house, and legislative service agencies.

 

That the presiding officers jointly review each budget and staffing proposal, adopt budgetary and staffing allocations, and determine the manner in which each joint committee is to be funded.

 

That the joint committee chair, or the co-chairs acting by mutual agreement, have authority to create and appoint subcommittees or affiliated advisory panels and to designate respective chairs for each, contingent on the advance approval of the presiding officers for the creation and appointment of subcommittees or advisory panels containing membership external to the committee.

 

That each joint committee, and its subcommittees and advisory panels, convene at the call of its chair or co-chairs; provided that no joint committee, nor its subcommittees or advisory panels, shall convene in a public hearing or other meeting for the transaction of business unless public notice has been posted by its chair or co-chairs at the locations specified by the senate and house rules of procedure for posting of notice of standing committee meetings at least five calendar days in advance of the hearing or meeting.

 

That the preceding clause be construed, for purposes of Section 551.046 (Exception to General Rule: Committee of Legislature), Government Code, as a joint rule of the senate and house controlling the posting of notice for joint committees, and their subcommittees and advisory panels, in lieu of required posting with the secretary of state.

 

That each joint committee have authority to issue process as provided in Sections 301.024 (Process)-301.027 (Prosecution for Contempt of Legislature), Government Code, provided that any motion for the issuance of process is required to receive the record vote of at least two-thirds of those present and voting, a quorum being present.

 

That each joint committee be entitled to accept grants and donations as provided by Sections 301.032(b) (relating to authorizing certain committees to accept gifts, grants, and donations) and (c) (relating to the acceptance of certain gifts, grants, or donations not being effective until approved by certain entities), Government Code, and that, on expiration of a joint committee, any unexpended funds remaining from a grant or donation be transferred in equal proportions to the accounts of the senate and house unless otherwise provided by the grantor or donor.

 

That each joint committee, except as modified by or pursuant to this resolution, have all other powers and duties provided to special committees by Subchapter B (Committees and Committee Procedure), Chapter 301 (Legislative Organization), Government Code, and the senate and house rules of procedure.

 

That the operating accounts for each joint committee created pursuant to this resolution and any grants and donations that such committee are authorized to receive be administered by the accounting and purchasing sections of the Texas Legislative Council (TLC).

 

That TLC, under the guidance of the presiding officers, be responsible for preparing and maintaining a manual of procedures for joint committees and other entities created by the legislature for which funds are to be administered by TLC; the manual is required to establish requirements relating to printing needs, accounting procedures, ultimate disposition of records, and other administrative and financial matters.

 

That citizen members appointed by the lieutenant governor or speaker of the house to joint committees created pursuant to this resolution be reimbursed from funds appropriated to TLC for expenses of transportation, meals, lodging, and incidentals for travel on official committee business, at rates established by the joint chairs of TLC consistent with provisions of the General Appropriations Act.

 

That citizen members appointed by the governor to joint committees created pursuant to this resolution be reimbursed from funds appropriated to the Office of the Governor for expenses of travel on official committee business, at rates established by the joint chairs of TLC consistent with provisions of the General Appropriations Act.

 

That citizen members appointed by the lieutenant governor to senate select committees and citizen members appointed by the speaker of the house to house committees expanded or created under House Rule 4, Sections 24, 57, and 58, when engaged in travel on official committee business, be reimbursed for (1) transportation expenses at the same rates as authorized for state employees by the General Appropriations Act, and (2) actual expenses for meals, lodging, and incidentals, subject to any maximum reimbursement limitations for meals and lodging set by the Senate Committee on Administration for senate select committees and by the House Administration Committee for house select committees.

That TLC be authorized to reimburse the senate and house for expenses incurred by members of the senate and house for transportation, meals, lodging, and incidentals for travel on official business of joint committees created pursuant to this resolution.

 

That the final report of each joint committee be approved by a majority of the voting membership of the committee; dissenting voting members are authorized to attach statements to the final report subject to any limitations specified in the rules adopted by the committee.

That each joint committee created pursuant to this resolution expire on January 10, 2023, or an earlier date specified in the proclamation creating the committee.