78S20038 MTB-F
By: Swinford H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to the administration of certain legislative agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 321.002(e), Government Code, is amended
to read as follows:
(e) The lieutenant governor and the speaker are joint chairs
of the committee. The committee shall elect [organize by electing]
one member to serve as [chairman and one member to serve as]
secretary.
SECTION 2. Sections 321.018(b) and (c), Government Code,
are amended to read as follows:
(b) Each subpoena must be signed by either of the joint
chairs of the committee [chairman] or the secretary of the
committee.
(c) On the request of either of the joint chairs of the
committee [chairman] or the secretary of the committee, the
sergeant at arms or an assistant sergeant at arms of either house of
the legislature or any peace officer shall serve the subpoena in the
manner prescribed for service of a district court subpoena.
SECTION 3. Section 322.001(b), Government Code, is amended
to read as follows:
(b) The lieutenant governor [is the chairman of the board]
and the speaker are joint chairs of the board [is the
vice-chairman].
SECTION 4. Sections 322.003(a) and (b), Government Code,
are amended to read as follows:
(a) A majority of the members of the board from each house
constitutes a quorum to transact business. If a quorum is present,
the board may act on any matter that is within its jurisdiction by a
majority vote.
(b) The board shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request [at the
call] of either of the joint chairs of the board [chairman] or on
written petition of a majority of the members of the board from each
house.
SECTION 5. Section 322.006, Government Code, is amended to
read as follows:
Sec. 322.006. APPROVAL OF EXPENSES. Before payment may be
made on an item of expense for the board, one of the joint chairs of
the board [chairman] must approve the expense.
SECTION 6. Section 322.009, Government Code, is amended to
read as follows:
Sec. 322.009. INSPECTION COMMITTEES. Either of the joint
chairs of the board [The chairman], with the approval of the board,
may appoint a committee to visit, inspect, and report on any state
institution, department, agency, officer, or employee.
SECTION 7. Section 322.013(d), Government Code, is amended
to read as follows:
(d) For purposes of carrying out its duties, the board may
administer oaths and issue subpoenas, signed by either of the joint
chairs of the board [chairman or vice-chairman], to compel the
attendance of witnesses and the production of books, records, and
documents. A subpoena of the board shall be served by a peace
officer in the manner in which district court subpoenas are served.
On application of the board, a district court of Travis County shall
compel compliance with a subpoena issued by the board in the same
manner as for district court subpoenas.
SECTION 8. Section 323.001(b), Government Code, as amended
by Senate Bill No. 1418, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(b) The council consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chairman of the house administration
committee;
(4) five senators from various areas of the state
appointed by the president of the senate; and
(5) four [nine] other members of the house of
representatives from various areas of the state appointed by the
speaker.
SECTION 9. Section 323.001(c), Government Code, is amended
to read as follows:
(c) The lieutenant governor and the speaker are joint chairs
[is the chairman] of the council [and the speaker is the
vice-chairman].
SECTION 10. Sections 323.003(a) and (b), Government Code,
are amended to read as follows:
(a) The council shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request of
either of the joint chairs of the council.
(b) A majority of the [Twelve] members of the council from
each house of the legislature constitutes [including the chairman
and vice-chairman constitute] a quorum. If a quorum is present, the
council may act on any matter that is within its jurisdiction by a
majority vote.
SECTION 11. Section 323.005(c), Government Code, is amended
to read as follows:
(c) The certificate of either of the joint chairs of the
council [chairman or vice-chairman] is sufficient evidence of the
validity of a claim. On certification, the comptroller shall issue
warrants on the treasury to pay each claim for mileage and per diem
expenses, salaries of employees, and other authorized expenses.
SECTION 12. Sections 323.008(a)-(d), Government Code, are
amended to read as follows:
(a) If the council determines a need exists, either of the
joint chairs [chairman] of the council may appoint statutory
revision advisory committees to advise the council on matters
relating to the revision of particular subjects of the law.
(b) Advisory committees consist of seven members appointed
by a joint chair [the chairman] of the council. Advisory committee
members serve for a period of two years from the date of
appointment.
(c) In appointing an advisory committee, a joint chair [the
chairman] shall include representatives of the:
(1) State Bar of Texas;
(2) judiciary; and
(3) Texas law schools.
(d) An advisory committee shall meet at the call of either
of the joint chairs [chairman] of the council.
SECTION 13. Section 323.011(b), Government Code, is amended
to read as follows:
(b) A subpoena must be signed by either of the joint chairs
[chairman] of the council [or the vice-chairman].
SECTION 14. Section 323.012(b), Government Code, is amended
to read as follows:
(b) On the request of either of the joint chairs [chairman]
of the council [or the vice-chairman], the attorney general shall
render opinions and give advice and assistance to the council.
SECTION 15. Sections 325.003(a), (d), and (j), Government
Code, are amended to read as follows:
(a) The Sunset Advisory Commission consists of five [four]
members of the senate and one public member appointed by the
lieutenant governor and five [four] members of the house of
representatives and one public member appointed by the speaker of
the house. Each appointing authority may designate himself as one
of the legislative appointees.
(d) Legislative members serve four-year terms, with terms
staggered so that the terms of as near to one-half of the
legislative members appointed by the lieutenant governor as
possible and the terms of as near to one-half of the legislative
members appointed by the speaker as possible expire September 1 of
each odd-numbered year. If the lieutenant governor or the speaker
serves on the commission, he continues to serve until resignation
from the commission or until he ceases to hold the office. Public
members serve two-year terms expiring September 1 of each
odd-numbered year.
(j) Seven [Six] members of the commission constitute a
quorum. A final action or recommendation may not be made unless
approved by a record vote of a majority of the commission's full
membership.
SECTION 16. If, on the effective date of this Act, more than
four members of the house of representatives appointed under
Section 323.001(b)(5), Government Code, are serving as members of
the Texas Legislative Council:
(1) those members' terms on the council expire on the
effective date of this Act; and
(2) the speaker of the house of representatives, as
soon as possible after the effective date of this Act, shall appoint
four members of the house to serve as members of the Texas
Legislative Council under Section 323.001(b)(5), Government Code,
as amended by this Act.
SECTION 17. The lieutenant governor and the speaker of the
house of representatives, as soon as possible after the effective
date of this Act, shall appoint a member of the senate or the house
of representatives, respectively, to serve initial terms on the
Sunset Advisory Commission under Section 325.003, Government Code,
as amended by this Act, expiring September 1, 2005.
SECTION 18. This Act takes effect December 1, 2003.