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Amend HR 5 on page 171, line 24, by inserting the following
new section:
Sec . EXERCISE OF OFFICE OF SPEAKER OR COMMITTEE CHAIR
UNDER PROSECUTION. (a) If an indictment is returned or a criminal
information is filed charging the speaker with an offense
punishable by imprisonment in a federal or state penitentiary or
confinement in jail, the speaker shall not exercise the rights,
privileges or duties of the office of speaker until the indictment
or information is disposed of in any manner provided by the law.
(b) The speaker shall notify the chief clerk of any
indictment returned or criminal information filed against the
speaker. If a permanent speaker pro tempore has been appointed
pursuant to Rule 1, Section 10, the chief clerk shall notify the
permanent speaker pro tempore of the fact of indictment or
information. The speaker pro tempore shall convene the house to
elect a temporary acting speaker:
(1) no later than the day to which the house has
adjourned if the house is meeting in regular or special session; or
(2) no later than the 30th day after the date the
speaker pro tempore is notified by the chief clerk of the fact of
indictment or information if the house is not meeting in regular or
special session. If a permanent speaker pro tempore has not been
appointed, the chief clerk shall notify the house member with the
most cumulative service as a member who is not the speaker. The
member shall perform the duties assigned by this Subsection to a
permanent speaker pro tempore.
(c) Upon conviction or other admission of guilt, the speaker
shall permanently vacate the office of speaker and the temporary
acting speaker elected under Subsection (b) serves until the
convening of the next regular session of the legislature. If the
information or indictment is dismissed without a finding of guilt,
the reporting of that fact to the chief clerk terminates the service
of the temporary acting speaker.
(d) If an indictment is returned or a criminal information is
filed charging a chair of a standing or select committee with an
offense punishable by imprisonment in a federal or state
penitentiary or confinement in jail, the speaker shall appoint a
temporary acting chair of the committee until the indictment or
information is disposed of in any manner provided by law.