1-1 By: Black (Senate Sponsor - Haley) H.C.R. No. 101 1-2 (In the Senate - Received from the House April 1, 1993; 1-3 April 5, 1993, read first time and referred to Committee on 1-4 Administration; April 23, 1993, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; April 23, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Haley x 1-9 Moncrief x 1-10 Ellis x 1-11 Montford x 1-12 Shapiro x 1-13 Truan x 1-14 Turner x 1-15 HOUSE CONCURRENT RESOLUTION 1-16 WHEREAS, The Texas Legislature for each of the last five 1-17 regular sessions has adopted a concurrent resolution authorizing 1-18 the creation and appointment of joint interim legislative study 1-19 committees by the lieutenant governor and speaker of the house of 1-20 representatives; and 1-21 WHEREAS, Renewal of the prior authorizations to the presiding 1-22 officers enables the legislature to address and study issues that 1-23 remain unresolved on sine die adjournment or that emerge subsequent 1-24 to that time; and 1-25 WHEREAS, It is also desirable to adopt by resolution various 1-26 rules and policies regarding the operation of joint committees to 1-27 supplement, and reconcile differences between, the senate and house 1-28 rules of procedure; now, therefore, be it 1-29 RESOLVED, That the 73rd Legislature of the State of Texas 1-30 hereby authorize the lieutenant governor and speaker of the house 1-31 of representatives to create by mutual agreement such joint 1-32 committees as they consider necessary during the term of this 1-33 legislature; and, be it further 1-34 RESOLVED, That each joint committee created pursuant to this 1-35 resolution be composed of such combination of legislators, state 1-36 officials, or citizen members as shall be determined mutually by 1-37 the presiding officers of each house; and, be it further 1-38 RESOLVED, That on the request of the presiding officers, the 1-39 governor may appoint members to a joint committee created pursuant 1-40 to this resolution; and, be it further 1-41 RESOLVED, That the presiding officers issue for each 1-42 committee so created a joint proclamation identifying the issue or 1-43 issues to be studied and listing the committee membership or 1-44 describing the committee composition and that the proclamation be 1-45 filed with the secretary of the senate and the chief clerk of the 1-46 house of representatives; and, be it further 1-47 RESOLVED, That the presiding officers designate jointly a 1-48 chair, or designate alternatively two cochairs, from among the 1-49 committee membership; and, be it further 1-50 RESOLVED, That the chair or cochairs, acting jointly and 1-51 within four weeks of the proclamation, prepare and present to the 1-52 presiding officers a proposal for budget and staffing; and, be it 1-53 further 1-54 RESOLVED, That the chair or cochairs be directed to use to 1-55 the greatest extent possible the existing staff and administrative 1-56 resources of committee members, standing committees, officers of 1-57 the senate and house, and legislative service agencies; and, be it 1-58 further 1-59 RESOLVED, That the presiding officers jointly review each 1-60 budget and staffing proposal, adopt budgetary and staffing 1-61 allocations, and determine the manner in which each joint committee 1-62 is to be funded; and, be it further 1-63 RESOLVED, That the joint committee chair, or the cochairs 1-64 acting by mutual agreement, have authority to create and appoint 1-65 subcommittees or affiliated advisory panels and to designate 1-66 respective chairs for each, contingent on the advance approval of 1-67 the presiding officers for the creation and appointment of 1-68 subcommittees or advisory panels containing membership external to 2-1 the committee; and, be it further 2-2 RESOLVED, That each joint committee, and its subcommittees 2-3 and advisory panels, convene at the call of its chair or cochairs; 2-4 provided that no joint committee, nor its subcommittees or advisory 2-5 panels, shall convene in a public hearing or other meeting for the 2-6 transaction of business unless public notice has been posted by its 2-7 chair or cochairs at the locations specified by the senate and 2-8 house rules of procedure for posting of notice of standing 2-9 committee meetings at least five calendar days in advance of the 2-10 hearing or meeting; and, be it further 2-11 RESOLVED, That the preceding clause be construed for purposes 2-12 of Subsection (h), Section 3A, of the open meetings law, Chapter 2-13 271, Acts of the 60th Legislature, Regular Session, 1967 (Article 2-14 6252-17, Vernon's Texas Civil Statutes), as a joint rule of the 2-15 senate and house of representatives controlling the posting of 2-16 notice for joint committees, and their subcommittees and advisory 2-17 panels, in lieu of required posting with the secretary of state; 2-18 and, be it further 2-19 RESOLVED, That each joint committee have authority to issue 2-20 process as provided in Sections 301.024-301.027, Government Code, 2-21 provided that any motion for the issuance of process must receive 2-22 the record vote of at least two-thirds of those present and voting, 2-23 a quorum being present; and, be it further 2-24 RESOLVED, That each joint committee be entitled to accept 2-25 gifts, grants, and donations as provided by Subsections (b) and 2-26 (c), Section 301.032, Government Code, and that, on expiration of a 2-27 joint committee, any unexpended funds remaining from a gift, grant, 2-28 or donation be transferred in equal proportions to the accounts of 2-29 the senate and house of representatives unless otherwise provided 2-30 by the grantor or donor; and, be it further 2-31 RESOLVED, That each joint committee, except as modified by or 2-32 pursuant to this resolution, have all other powers and duties 2-33 provided to special committees by Subchapter B, Chapter 301, 2-34 Government Code, and the senate and house rules of procedure; and, 2-35 be it further 2-36 RESOLVED, That the operating accounts for each joint 2-37 committee created pursuant to this resolution and any gifts, 2-38 grants, and donations that such committee may receive be 2-39 administered by the Texas Legislative Council; and, be it further 2-40 RESOLVED, That the Texas Legislative Council prepare for 2-41 review and approval by the presiding officers a manual of 2-42 procedures for joint committees and other entities created by the 2-43 legislature for which funds are to be administered by the Texas 2-44 Legislative Council establishing requirements as to printing needs, 2-45 accounting procedures, ultimate disposition of records, and other 2-46 administrative and financial matters; and, be it further 2-47 RESOLVED, That citizen members appointed by the lieutenant 2-48 governor or speaker of the house of representatives to joint 2-49 committees created pursuant to this resolution be reimbursed from 2-50 funds appropriated to the Texas Legislative Council for expenses of 2-51 travel on official committee business, at rates established by the 2-52 chair and vice-chair of the Texas Legislative Council consistent 2-53 with provisions of the General Appropriations Act; and, be it 2-54 further 2-55 RESOLVED, That citizen members appointed by the governor to 2-56 joint committees created pursuant to this resolution be reimbursed 2-57 from funds appropriated to the office of the governor for expenses 2-58 of travel on official committee business, at rates established by 2-59 the chair and vice-chair of the Texas Legislative Council 2-60 consistent with provisions of the General Appropriations Act; and, 2-61 be it further 2-62 RESOLVED, That citizen members appointed by the lieutenant 2-63 governor to senate select committees and citizen members appointed 2-64 by the speaker of the house of representatives to house committees 2-65 expanded or created under House Rule 4, Sections 24, 59, and 60, 2-66 when engaged in travel on official committee business, be 2-67 reimbursed for (1) transportation expenses at the same rates as 2-68 authorized for state employees by the General Appropriations Act, 2-69 and (2) actual expenses for meals, lodging, and incidentals, 2-70 subject to any maximum reimbursement limitations for meals and 3-1 lodging set by the Senate Administration Committee for senate 3-2 select committees and by the Committee on House Administration for 3-3 house select committees; and, be it further 3-4 RESOLVED, That the Texas Legislative Council be authorized to 3-5 reimburse the senate and house of representatives for expenses 3-6 incurred by members of the senate and house for travel on official 3-7 business of joint committees created pursuant to this resolution; 3-8 and, be it further 3-9 RESOLVED, That the final report of each joint committee be 3-10 approved by a majority of the voting membership of the committee; 3-11 dissenting voting members may attach statements to the final report 3-12 subject to any limitations specified in the rules adopted by the 3-13 committee; and, be it further 3-14 RESOLVED, That each joint committee created pursuant to this 3-15 resolution expire on January 10, 1995, or an earlier date specified 3-16 in the proclamation creating the committee. 3-17 * * * * * 3-18 Austin, 3-19 Texas 3-20 April 23, 1993 3-21 Hon. Bob Bullock 3-22 President of the Senate 3-23 Sir: 3-24 We, your Committee on Administration to which was referred H.C.R. 3-25 No. 101, have had the same under consideration, and I am instructed 3-26 to report it back to the Senate with the recommendation that it do 3-27 pass and be printed. 3-28 Haley, 3-29 Chairman 3-30 * * * * * 3-31 WITNESSES 3-32 No witnesses appeared on H.C.R. No. 101.