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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for the house of representatives to convene |
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and conduct business when the legislature is not in session; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 301, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PROCEEDINGS WHEN LEGISLATURE NOT IN SESSION |
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Sec. 301.101. CONVENING HOUSE OF REPRESENTATIVES TO CONDUCT |
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HOUSE BUSINESS. (a) In this section, "house business" means any |
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activity of the house of representatives that does not require the |
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concurrence of or other action by the senate or the governor, and |
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includes: |
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(1) amending the rules of the house; |
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(2) removing or considering removal of the speaker of |
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the house; and |
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(3) electing a speaker if the office of speaker |
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becomes vacant. |
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(b) When the legislature or house of representatives is not |
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in session for other purposes, the house may be convened to transact |
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house business by: |
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(1) a proclamation of the speaker of the house or of |
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the speaker pro tempore; or |
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(2) a proclamation signed by a majority of the members |
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of the house. |
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(c) A proclamation must: |
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(1) state in general terms the reason for convening |
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the house; |
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(2) state a time for the house to convene on a |
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prescribed date that is not earlier than the 20th day or later than |
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the 30th day after the date the proclamation is filed; and |
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(3) be published in at least three daily newspapers of |
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general circulation in this state on or before the 15th day after |
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the date the proclamation is filed. |
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(d) To be effective, a proclamation must be filed with the |
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chief clerk of the house. The chief clerk shall promptly certify |
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that the proclamation has been filed and whether the proclamation |
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is signed by the number of house members required by Subsection |
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(b)(2). |
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(e) Not later than the 15th day after the date the |
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proclamation is filed, each member of the house who is present in |
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this state and accessible must be given a copy of the proclamation. |
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The copy must be delivered in person or by registered mail by or |
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under the direction of the officer or members who signed the |
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proclamation. |
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(f) If the reason stated in a proclamation to convene the |
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house filed under this section is to remove or consider removal of |
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the speaker, the names of the house members who sign the |
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proclamation are confidential until a majority of the members of |
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the house have signed the proclamation. A violation of this |
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subsection is a Class B misdemeanor. |
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(g) The house shall convene on the date specified in the |
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proclamation. When convened pursuant to a proclamation under this |
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section, the house may conduct any house business, including house |
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business the house may conduct when convened in legislative |
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session. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |