By: Whitmire S.R. No. 120
SENATE RESOLUTION
BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS:
SECTION 1. CAUCUS REPORT. At a caucus held on August 16,
2005, and attended by 21 members of the senate, the caucus made
the recommendations for the operation of the senate contained in
this resolution.
SECTION 2. EMPLOYEES. (a) The lieutenant governor may
employ the employees necessary for the operation of the office of
the lieutenant governor from the closing of this session and
until the convening of the next session. The lieutenant governor
and the secretary of the senate shall be furnished postage,
telegraph, telephone, express, and all other expenses incident
to their respective offices.
(b) The secretary of the senate is the chief executive
administrator and shall be retained during the interval between
adjournment of this session and the convening of the next session
of the legislature. The secretary of the senate may employ the
employees necessary for the operation of the senate and to
perform duties as may be required in connection with the business
of the state from the closing of this session and until the
convening of the next session.
(c) Each senator may employ secretarial and other office
staff for the senator's office.
(d) The chairman of the administration committee is
authorized to retain a sufficient number of staff employees to
conclude the work of the enrolling clerk, calendar clerk, journal
clerk, and sergeant-at-arms. The administration committee shall
establish the salaries for the senate staff.
SECTION 3. SENATE OFFICERS. (a) The following elected
officers of the 79th Legislature shall serve for the interval
between adjournment of this session and the convening of the next
session of the legislature:
(1) Secretary of the Senate--Patsy Spaw;
(2) Calendar Clerk--Linda Tubbs;
(3) Enrolling Clerk--Mardi Alexander;
(4) Journal Clerk--Dianne Arrington; and
(5) Sergeant-at-Arms--Carleton Turner.
(b) All employees and elected officers of the senate
shall operate under the direct supervision of the secretary of
the senate during the interim.
(c) Officers named in this section serve at the will of
the senate.
SECTION 4. DUTIES OF CHAIRMAN OF ADMINISTRATION
COMMITTEE. (a) The chairman of the administration committee
shall place the senate chamber in order and purchase supplies and
make all necessary repairs and improvements between the
adjournment of this session and the convening of the next session
of the legislature.
(b) The chairman shall make an inventory of all furniture
and fixtures in the senate chamber and in the private offices of
the members, as well as of the supplies and equipment on hand in
the purchasing and supply department and shall close the books
for the 2nd Called Session of the 79th Legislature.
(c) The chairman shall not acquire any equipment on a
rental/purchase plan unless the equipment is placed on the senate
inventory at the termination of the plan.
(d) The chairman shall examine records and accounts
payable out of the contingent expense fund as necessary to
approve all claims and accounts against the senate, and no claim
or account shall be paid without the consent and approval of the
chairman.
(e) The chairman and any member of the administration
committee shall be entitled to receive actual and necessary
expenses incurred during the interim.
(f) In addition to the duties of the administration
committee expressly imposed by this resolution, the committee
shall take actions necessary to ensure that the administrative
operations of the senate comply with applicable law and are
conducted effectively and efficiently.
SECTION 5. JOURNAL. (a) The secretary of the senate
shall have 325 volumes of the Senate Journal of the 2nd Called
Session of the 79th Legislature printed. Two hundred and fifty
copies shall be bound in buckram and delivered to the secretary
of the senate who shall forward one volume to each member of the
senate, the lieutenant governor, and each member of the house of
representatives on request.
(b) The printing of the journals shall be done in
accordance with the provisions of this resolution under the
supervision of the chairman of the administration committee. The
chairman shall refuse to receive or receipt for the journals
until corrected and published in accordance with the preexisting
law as finally approved by the chairman of the administration
committee. When the accounts have been certified by the chairman
of the administration committee, the accounts shall be paid out
of the contingent expense fund of the 79th Legislature.
SECTION 6. PAYMENT OF SALARIES AND EXPENSES.
(a) Salaries and expenses authorized by this resolution shall
be paid out of the per diem and contingent expense fund of the
79th Legislature as provided by this section.
(b) The senate shall request the comptroller of public
accounts to issue general revenue warrants for:
(1) payment of the employees of the lieutenant
governor's office, the lieutenant governor, members of the
senate, employees of the senate committees, and employees of the
senate, except as provided by Subchapter H, Chapter 660,
Government Code, upon presentation of the payroll account signed
by the chairman of the administration committee and the secretary
of the senate; and
(2) the payment of materials, supplies, and
expenses of the senate, including travel expenses for members and
employees, upon vouchers signed by the chairman of the
administration committee and the secretary of the senate.
SECTION 7. EXPENSE REIMBURSEMENT AND PER DIEM. (a) In
furtherance of the legislative duties and responsibilities of
the senate, the administration committee shall charge to the
individual member's office budget:
(1) the reimbursement of all actual expenses
incurred by the members when traveling in performance of
legislative duties and responsibilities or incident to those
duties; and
(2) the payment of all other reasonable and
necessary expenses for the operation of the office of the
individual senator during any period the legislature is not in
session. Expenditures for these services by the administration
committee are authorized as an expense of the senate and shall
not be restricted to Austin but may be incurred in individual
senatorial districts. Such expenses shall be paid from funds
appropriated for the use of the senate on vouchers approved by
the chairman of the administration committee and the secretary of
the senate in accordance with regulations governing such
expenditures.
(b) Each senator shall be permitted a payroll of $35,000
per month to employ secretarial and other office staff and for
intrastate travel expenses for staff employees. This payroll
amount accrues on the first day of the month and may not be
expended prior to the month in which it accrues, but any
unexpended portion for a month may be carried forward from month
to month until the end of the fiscal year. Other expenses,
including travel expenses or other reasonable and necessary
expenses incurred in the furtherance and performance of
legislative duties or in operation of the member's office or
incident thereto, shall be provided in addition to the maximum
salary authorized.
(c) The secretary of the senate may order reimbursement
for legislative expenses consistent with this resolution and the
establishment by the Texas Ethics Commission of per diem rates.
(d) Any member of the senate and the lieutenant governor
are eligible to receive such reimbursement on application of the
member or the lieutenant governor to the secretary of the senate.
(e) On the application of a member of the senate or the
lieutenant governor, the applicant shall be entitled to
reimbursement for legislative expenses for each legislative day.
(f) For purposes of this section, a legislative day
includes each day of a regular or special session of the
legislature, including any day the legislature is not in session
for a period of four consecutive days or less, and all days the
legislature is not in session if the senator or lieutenant
governor attends a meeting of a joint, special, or legislative
committee as evidenced by the official record of the body, and
each day, limited to 12 days per month for non-chairs or 16 days
per month for chairs and the lieutenant governor, the senator or
the lieutenant governor, including those living within a 50-mile
radius, is otherwise engaged in legislative business as
evidenced by claims submitted to the chairman of the
administration committee.
SECTION 8. MEMBER'S EMPLOYEE LEAVE POLICY. (a) An
employee of a senator accrues vacation leave, compensatory
leave, or sick leave in accordance with policies adopted by the
senator consistent with the requirements of this section.
(b) An employee may accrue vacation leave, compensatory
leave, or sick leave only if the employee files a monthly time
record with the senate human resources office. Time records are
due not later than the 10th day of the following month.
(c) Compensatory time must be used not later than the
last day of the 12th month following the month in which the time
was accrued.
(d) An employee is not entitled to compensation for
accrued but unused compensatory time.
SECTION 9. DESIGNATION FOR ATTENDANCE AT MEETINGS AND
FUNCTIONS. (a) The lieutenant governor may appoint any member
of the senate, the secretary of the senate, or any other senate
employee to attend meetings of the National Conference of State
Legislatures and other similar meetings. Necessary and actual
expenses are authorized upon the approval of the chairman of the
administration committee and the secretary of the senate.
(b) The lieutenant governor may designate a member of the
senate to represent the senate at ceremonies and ceremonial
functions. The necessary expenses of the senator and necessary
staff for this purpose shall be paid pursuant to a budget
approved by the administration committee.
SECTION 10. MEETINGS DURING INTERIM. (a) Each of the
standing committees and subcommittees of the senate of the 79th
Legislature may continue to meet at such times and places during
the interim as determined by such committees and subcommittees
and to hold hearings, recommend legislation, and perform
research on matters directed either by resolution, the
lieutenant governor, or as determined by majority vote of each
committee.
(b) Each continuing committee and subcommittee shall
continue to function under the rules adopted during the
legislative session where applicable.
(c) Expenses for the operation of these committees and
subcommittees shall be paid pursuant to a budget prepared by each
committee and approved by the administration committee.
(d) The operating expenses of these committees shall be
paid from the contingent expense fund of the senate, and
committee members shall be reimbursed for their actual expenses
incurred in carrying out the duties of the committees.
SECTION 11. SENATE OFFICES. Members not returning for
the 80th Legislature shall vacate their senate offices by
December 15, 2006.
SECTION 12. FURNISHING OF INFORMATION BY SENATE
EMPLOYEE. An employee of the senate may not furnish any
information to any person, firm, or corporation other than
general information pertaining to the senate and routinely
furnished to the public.
SECTION 13. OUTSIDE EMPLOYMENT. An employee of the
senate may not be employed by and receive compensation from any
other person, firm, or corporation during the employee's senate
employment without the permission of the employee's senate
employer.
SECTION 14. REMOVAL OF SENATE PROPERTY. The secretary of
the senate is specifically directed not to permit the removal of
any of the property of the senate from the senate chamber or the
rooms of the senate except as authorized by the chairman of the
administration committee.
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on August 16, 2005.
________________________________
Secretary of the Senate