By: Metcalf H.B. No. 5125

A BILL TO BE ENTITLED

AN ACT

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 designate 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 convening of the regular session of the legislature following its date of creation or authorization.

(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. [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 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 Section 301.073 to read as follows:

Sec. 301.073. LEGISLATIVE AGENCY ADMINISTRATIVE FUNCTIONS. In this section, "legislative agency" has the meaning assigned by Section 326.001.

(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) Notwithstanding Section 2101.035, 2101.036, or 2101.037 or other law, a legislative agency may use an internal accounting, payroll, purchasing, or enterprise resource planning system selected by the administrative head of the agency.

(e) The comptroller shall provide an application programming interface or other means acceptable to the administrative head of a legislative agency for the legislative agency's internal accounting, payroll, purchasing, or enterprise resource planning system to exchange financial and other data with the financial system of record for this state so that the legislative agency may use the internal accounting, payroll, purchasing, or enterprise resource planning system selected by the administrative head of the agency.

(f) A legislative agency may use all or any part of an accounting, payroll, purchasing, or enterprise resource planning system provided by the comptroller on request initiated by the administrative head of the agency.

(h) With respect to an accounting, payroll, purchasing, or enterprise resource planning system provided by the comptroller, the comptroller shall:

(1) inform each administrative head of a legislative agency regarding changes that may impact the legislative agency;

(2) attempt to schedule any consultations, requirements discovery, or planning efforts with the legislative agency during the legislative interim; and

(3) incorporate the requirements of Subsections (e), (f), and (g) into the system’s design.

SECTION 4. 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 5. 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 [conducted by the council] between the date of the general election and the convening of the regular legislative session.

SECTION 6. Section 468.003(b), Government Code, is amended to read as follows:

(b) The Texas Legislative Council may [shall] provide office space and other support in Austin necessary for the state demographer to perform the demographer's duties for the legislature.

SECTION 7. Section 2052.205(a), Government Code, is amended to read as follows:

(a) A state agency shall send to the Legislative Reference Library three [five] physical copies and one electronic copy of each publication that it distributes.

SECTION 8. Section 6, Article 38.01, Code of Criminal Procedure, is amended to read as follows:

Sec. 6. ASSISTANCE. The [Texas Legislative Council, the Legislative Budget Board, and The] University of Texas at Austin shall assist the commission in performing the commission's duties.

SECTION 9. The following provisions of the Government Code are repealed:

(1) Chapter 328;

(2) Section 2053.004;

(3) Chapter 2060; and

(4) Section 2206.101(e).

SECTION 10. 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.