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H.C.R. No. 35
HOUSE CONCURRENT RESOLUTION
WHEREAS, The Texas Legislature for each of the last 11
regular sessions has adopted a concurrent resolution authorizing
the creation and appointment of joint interim legislative study
committees by the lieutenant governor and speaker of the house of
representatives; and
WHEREAS, Renewal of the prior authorizations to the presiding
officers enables the legislature to address and study issues that
remain unresolved on sine die adjournment or that emerge subsequent
to that time; and
WHEREAS, It is also desirable to adopt by resolution various
rules and policies regarding the operation of joint committees to
supplement, and reconcile differences between, the senate and house
rules of procedure; now, therefore, be it
RESOLVED, That the 79th Legislature of the State of Texas
hereby authorize the lieutenant governor and speaker of the house
of representatives to create by mutual agreement such joint
committees as they consider necessary during the term of this
legislature; and, be it further
RESOLVED, That each joint committee created pursuant to this
resolution be composed of such combination of legislators, state
officials, or citizen members as shall be determined mutually by
the presiding officers of each house; and, be it further
RESOLVED, That on the request of the presiding officers, the
governor may appoint members to a joint committee created pursuant
to this resolution; and, be it further
RESOLVED, That the presiding officers issue for each
committee so created a joint proclamation identifying the issue or
issues to be studied and listing the committee membership or
describing the committee composition and that the proclamation be
filed with the secretary of the senate and the chief clerk of the
house of representatives; and, be it further
RESOLVED, That the presiding officers designate jointly a
chair, or designate alternatively two co-chairs, from among the
committee membership; and, be it further
RESOLVED, That the chair or co-chairs, acting jointly and
within four weeks of the proclamation, prepare and present to the
presiding officers a proposal for budget and staffing; and, be it
further
RESOLVED, That the chair or co-chairs be directed to use to
the greatest extent possible the existing staff and administrative
resources of committee members, standing committees, officers of
the senate and house, and legislative service agencies; and, be it
further
RESOLVED, That the presiding officers jointly review each
budget and staffing proposal, adopt budgetary and staffing
allocations, and determine the manner in which each joint committee
is to be funded; and, be it further
RESOLVED, That the joint committee chair, or the co-chairs
acting by mutual agreement, have authority to create and appoint
subcommittees or affiliated advisory panels and to designate
respective chairs for each, contingent on the advance approval of
the presiding officers for the creation and appointment of
subcommittees or advisory panels containing membership external to
the committee; and, be it further
RESOLVED, That each joint committee, and its subcommittees
and advisory panels, convene at the call of its chair or co-chairs;
provided that no joint committee, nor its subcommittees or advisory
panels, shall convene in a public hearing or other meeting for the
transaction of business unless public notice has been posted by its
chair or co-chairs at the locations specified by the senate and
house rules of procedure for posting of notice of standing
committee meetings at least five calendar days in advance of the
hearing or meeting; and, be it further
RESOLVED, That the preceding clause be construed, for
purposes of Section 551.046, Government Code, as a joint rule of the
senate and house of representatives controlling the posting of
notice for joint committees, and their subcommittees and advisory
panels, in lieu of required posting with the secretary of state;
and, be it further
RESOLVED, That each joint committee have authority to issue
process as provided in Sections 301.024-301.027, Government Code,
provided that any motion for the issuance of process must receive
the record vote of at least two-thirds of those present and voting,
a quorum being present; and, be it further
RESOLVED, That each joint committee be entitled to accept
grants and donations as provided by Subsections (b) and (c),
Section 301.032, Government Code, and that, on expiration of a
joint committee, any unexpended funds remaining from a grant or
donation be transferred in equal proportions to the accounts of the
senate and house of representatives unless otherwise provided by
the grantor or donor; and, be it further
RESOLVED, That each joint committee, except as modified by or
pursuant to this resolution, have all other powers and duties
provided to special committees by Subchapter B, Chapter 301,
Government Code, and the senate and house rules of procedure; and,
be it further
RESOLVED, That the operating accounts for each joint
committee created pursuant to this resolution and any grants and
donations that such committee may receive be administered by the
Texas Legislative Council; and, be it further
RESOLVED, That the Texas Legislative Council prepare for
review and approval by the presiding officers a manual of
procedures for joint committees and other entities created by the
legislature for which funds are to be administered by the Texas
Legislative Council establishing requirements as to printing
needs, accounting procedures, ultimate disposition of records, and
other administrative and financial matters; and, be it further
RESOLVED, That citizen members appointed by the lieutenant
governor or speaker of the house of representatives to joint
committees created pursuant to this resolution be reimbursed from
funds appropriated to the Texas Legislative Council for expenses of
transportation, meals, lodging, and incidentals for travel on
official committee business, at rates established by the joint
chairs of the Texas Legislative Council consistent with provisions
of the General Appropriations Act; and, be it further
RESOLVED, That citizen members appointed by the governor to
joint committees created pursuant to this resolution be reimbursed
from funds appropriated to the office of the governor for expenses
of travel on official committee business, at rates established by
the joint chairs of the Texas Legislative Council consistent with
provisions of the General Appropriations Act; and, be it further
RESOLVED, That citizen members appointed by the lieutenant
governor to senate select committees and citizen members appointed
by the speaker of the house of representatives to house committees
expanded or created under House Rule 4, Sections 24, 57, and 58,
when engaged in travel on official committee business, be
reimbursed for (1) transportation expenses at the same rates as
authorized for state employees by the General Appropriations Act,
and (2) actual expenses for meals, lodging, and incidentals,
subject to any maximum reimbursement limitations for meals and
lodging set by the Senate Administration Committee for senate
select committees and by the Committee on House Administration for
house select committees; and, be it further
RESOLVED, That the Texas Legislative Council be authorized to
reimburse the senate and house of representatives for expenses
incurred by members of the senate and house for transportation,
meals, lodging, and incidentals for travel on official business of
joint committees created pursuant to this resolution; and, be it
further
RESOLVED, That the final report of each joint committee be
approved by a majority of the voting membership of the committee;
dissenting voting members may attach statements to the final report
subject to any limitations specified in the rules adopted by the
committee; and, be it further
RESOLVED, That each joint committee created pursuant to this
resolution expire on January 9, 2007, or an earlier date specified
in the proclamation creating the committee.
Hamric
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 35 was adopted by the House on
January 25, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.C.R. No. 35 was adopted by the Senate on May
25, 2005, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor