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AN ACT
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relating to the organization and efficient operation of the |
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legislative branch of state government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 301.001, 301.002, 301.003, 301.004, and |
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301.005, Government Code, are amended to read as follows: |
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Sec. 301.001. TIME AND PLACE OF MEETING. The legislature |
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shall convene at the seat of government in regular session at 12 |
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noon on the second Tuesday in January of each odd-numbered year. |
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Sec. 301.002. WHO MAY ORGANIZE. (a) The following |
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individuals [persons] only may organize the senate [and house of
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representatives]: |
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(1) senators who have not completed their terms of |
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office; and |
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(2) individuals who have received certification of |
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election to the [house of representatives or] senate. |
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(b) Only the individuals who have received certification of |
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election to the house of representatives may organize the house of |
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representatives. |
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Sec. 301.003. [SECRETARY OF STATE AS] PRESIDING OFFICERS |
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[OFFICER]. (a) The secretary of state shall attend and [the
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convening of each regular legislative session and shall] preside at |
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the organization of the house of representatives. |
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(b) If there is no secretary of state or if the secretary of |
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state is absent or unable to attend, the attorney general shall |
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attend and preside at the organization of the house of |
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representatives. |
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(c) The lieutenant governor shall attend and preside at the |
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organization of the senate. If the lieutenant governor is absent or |
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unable to attend, the lieutenant governor may designate a member of |
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the senate who is entitled to organize the senate under Section |
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301.002(a)(1) to preside [The secretary of state shall appoint a
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clerk to take the minutes of the proceedings. If the chief clerk of
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the house of representatives for the previous session is present,
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the secretary of state shall appoint that person to act as clerk]. |
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(d) If there is no lieutenant governor, the senator with the |
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greatest number of years of cumulative service as a member of the |
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senate who is entitled to organize the senate under Section |
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301.002(a)(1) shall preside. |
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Sec. 301.004. TEMPORARY OFFICERS; DUTIES [OF CLERK]. (a) |
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If the secretary of the senate for the previous session is present, |
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that individual shall act as temporary secretary of the senate. If |
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the chief clerk of the house of representatives for the previous |
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session is present, the secretary of state shall appoint that |
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individual to act as temporary chief clerk. The presiding officer |
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of each house of the legislature shall appoint any temporary |
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officers necessary to ensure the organization of the legislature. |
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(b) Under the direction of the presiding officer [secretary
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of state], the secretary of the senate or chief clerk shall call the |
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districts of the appropriate house [counties] in numerical |
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[alphabetical] order regardless of whether the secretary of state |
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has received the election returns for each district [county]. |
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(c) [(b)] If an individual appears at the call and presents |
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proper evidence of the individual's [his] election, the individual |
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shall be admitted or qualified as if the individual's election |
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returns had been made to the secretary of state. |
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(d) [(c)] After the secretary of the senate has called the |
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districts and the senators-elect have appeared and presented their |
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credentials, the official oath shall be administered to each |
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senator-elect by an officer authorized by law to administer oaths. |
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(e) After the chief clerk has called the districts |
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[counties] and the members-elect of the house of representatives |
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have appeared and presented their credentials, the chief clerk |
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shall administer the official oath to each member-elect. |
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(f) The presiding officer of each house shall ensure that a |
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journal of the proceedings of that house is kept. |
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Sec. 301.005. LACK OF QUORUM. If a quorum is not present in |
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a house of the legislature on the day the legislature is to convene, |
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the presiding officer of that house [secretary of state] and the |
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secretary of the senate or chief clerk, as appropriate, shall |
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attend each day until a quorum appears and is qualified. |
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SECTION 2. Section 301.006, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) After the senators-elect have taken the official oath, |
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the senate shall choose necessary officers, and the lieutenant |
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governor or an officer authorized by law to administer oaths shall |
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administer the official oath to those officers. |
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SECTION 3. The heading to Subchapter B, Chapter 301, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER B. COMMITTEES AND COMMITTEE PROCEDURE [LEGISLATIVE
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REORGANIZATION ACT] |
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SECTION 4. Section 301.014, Government Code, is amended to |
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read as follows: |
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Sec. 301.014. POWERS AND DUTIES OF STANDING COMMITTEES. |
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(a) Each standing committee shall: |
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(1) conduct a continuing study of any matter within |
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its jurisdiction and of the instrumentalities of government |
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administering or executing the matter; |
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(2) examine the administration and execution of all |
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laws relating to matters within its jurisdiction; |
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(3) conduct investigations to collect adequate |
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information and materials necessary to perform its duties; and |
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(4) [formulate legislative programs; and
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[(5) initiate, draft, and] recommend to the |
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appropriate house any legislation the committee believes is |
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necessary and desirable. |
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(b) [The chair of each standing committee shall introduce or
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cause to be introduced the legislative programs developed by the
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committee and shall mobilize committee efforts to secure the
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enactment into law of committee proposals.
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[(c)] Each committee may inspect the records, documents, and |
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files of each state department, agency, or office as necessary to |
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perform the committee's duties. |
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(c) [(d)] A standing committee is not limited in its |
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legislative endeavors to considering bills, resolutions, or other |
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proposals submitted by individual legislators. Each committee |
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shall search for problems within its jurisdiction and develop, |
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formulate, [initiate,] and recommend [secure] passage of any |
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legislative solution the committee believes is desirable. |
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SECTION 5. Section 301.015(b), Government Code, is amended |
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to read as follows: |
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(b) When the legislature is not in session, each standing |
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committee shall meet as necessary to transact the committee's |
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business. Each committee shall meet in Austin, except that if |
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authorized by rule or resolution of the house creating the |
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committee, the committee may meet in any location in this state that |
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the committee determines necessary. To the extent authorized by |
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rule or resolution, each committee may determine its meeting times. |
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SECTION 6. Sections 301.016 and 301.017, Government Code, |
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are amended to read as follows: |
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Sec. 301.016. SPECIAL COMMITTEES. (a) By rule or |
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resolution, each house acting individually or the two houses acting |
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jointly may create special committees. |
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(b) A special committee shall perform the duties and |
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functions and exercise the powers prescribed by the rule or |
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resolution creating the committee. |
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(c) Except as limited by the rule or resolution creating the |
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special committee, a special committee shall have and exercise the |
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powers granted under this subchapter to a standing committee. A |
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special committee also has any other powers delegated to it by the |
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rule or resolution creating the committee, subject to the |
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limitations of law. |
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Sec. 301.017. GENERAL INVESTIGATING COMMITTEES. (a) By |
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rule or resolution, each house may create a general investigating |
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committee. |
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(b) The senate general investigating committee must consist |
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of five senators appointed by the president of the senate. The |
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president of the senate shall designate one [a] committee member as |
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chairman and one committee member as vice chairman. |
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(c) The house general investigating committee must consist |
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of not fewer than five house members appointed by the speaker. The |
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speaker shall designate one [a] committee member as chairman and |
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one committee member as vice chairman. |
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(d) Each member serves a term beginning on the date of the |
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member's appointment and ending with the convening of the next |
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regular session following the date of appointment. |
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(e) If a vacancy occurs on a general investigating |
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committee, the appropriate appointing authority shall appoint a |
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person to fill the vacancy in the same manner as the original |
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appointment. |
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(f) [Each general investigating committee shall select a
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vice-chairman and secretary from among its members.
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[(g)] Members of a general investigating committee are |
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entitled to reimbursement for actual and necessary expenses |
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incurred in attending committee meetings and engaging in committee |
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work. |
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(g) [(h)] All expenses of a general investigating |
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committee, including compensation of the committee's employees and |
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expenses incurred by members, shall be paid out of any |
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appropriation to the legislature under Section 301.029 [for
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mileage, per diem, and contingent expenses]. |
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SECTION 7. Section 301.018(e), Government Code, is amended |
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to read as follows: |
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(e) If the general investigating committees decide not to |
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conduct joint hearings as provided by Section 301.019, the |
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committees shall establish a liaison to fully inform each other |
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[the chairman of the inactive committee] of the nature and progress |
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of committee inquiries [any inquiry by the other committee]. |
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SECTION 8. Section 301.019(c), Government Code, is amended |
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to read as follows: |
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(c) A majority of the [Seven] members from each house's |
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committee constitutes [of a joint general investigating committee
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constitute] a quorum of a joint general investigating committee. |
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SECTION 9. Section 301.020(e), Government Code, is amended |
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to read as follows: |
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(e) Information held by a general investigating committee |
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[that if held by a law enforcement agency or prosecutor would be
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excepted from the requirements of Section 552.021 under Section
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552.108] is confidential and not subject to public disclosure |
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except as provided by the rules of the house establishing the |
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committee. |
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SECTION 10. Section 301.032, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) Subject to Subsection (c), a [A] committee created by |
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rule or resolution may accept gifts, grants, and donations for |
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purposes of funding the committee's activities unless the rule or |
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resolution prohibits the acceptance. |
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(c) The acceptance of a gift, grant, or donation under |
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Subsection (b) is not effective until the committee on |
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administration for the appropriate house, or the committees on |
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administration for both houses in the case of acceptance by a joint |
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committee, approves the acceptance. |
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(d) All gifts, grants, and donations must be accepted in an |
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open meeting by a majority of the voting members of the appropriate |
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body and reported in the public record of the accepting body with |
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the name of the donor and purpose of the gift, grant, or donation. |
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SECTION 11. Section 301.041, Government Code, is |
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transferred to Subchapter B, Chapter 301, Government Code, |
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redesignated as Section 301.033, Government Code, and amended to |
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read as follows: |
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Sec. 301.033 [301.041]. TERMINATION OF MEMBERSHIP ON |
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INTERIM COMMITTEE. (a) A duly appointed senator's or |
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representative's membership on the Legislative Budget Board, |
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Legislative Library Board, Legislative Audit Committee, Texas |
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Legislative Council, or any other interim committee terminates if |
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the member: |
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(1) resigns the membership; |
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(2) ceases membership in the legislature for any |
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reason; or |
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(3) fails to be nominated or elected to the |
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legislature for the next term. |
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(b) A vacancy created under this section shall be |
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immediately filled by appointment for the unexpired term in the |
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same manner as the original appointment. |
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(c) If a member serves on the Legislative Budget Board, |
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Legislative Library Board, or Legislative Audit Committee because |
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of the member's position as chairman of a standing committee, this |
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section does not affect the member's position as chairman of that |
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standing committee. |
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(d) In filling a vacancy created under this section, the |
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lieutenant governor or the speaker may appoint a senator or |
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representative, as appropriate, other than a committee chairman |
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designated by law to serve as a member of the Legislative Budget |
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Board, Legislative Library Board, Legislative Audit Committee, |
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Texas Legislative Council, or any other interim committee. An |
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appointment made under this subsection does not constitute an |
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appointment to any position other than that of a member of a board, |
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council, or committee covered by this section. |
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SECTION 12. The heading to Subchapter C, Chapter 301, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER C. LEGISLATIVE OFFICERS AND EMPLOYEES [MEMBERSHIP ON
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INTERIM COMMITTEES] |
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SECTION 13. Subchapter C, Chapter 301, Government Code, is |
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amended by adding Sections 301.041, 301.042, and 301.043 to read as |
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follows: |
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Sec. 301.041. COMMUNICATIONS WITH PARLIAMENTARIANS. (a) |
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Communications, including conversations, correspondence, and |
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electronic communications, between a member, officer, or employee |
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of the legislative branch and a parliamentarian appointed by the |
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presiding officer of either house that relate to a request by the |
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member, officer, or employee for information, advice, or opinions |
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from a parliamentarian are confidential and subject to legislative |
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privilege. Information, advice, and opinions given privately by a |
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parliamentarian to a member, officer, or employee of the |
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legislative branch, acting in the member's, officer's, or |
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employee's official capacity, are confidential and subject to |
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legislative privilege. However, the member, officer, or employee of |
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the legislative branch may choose to disclose all or a part of the |
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communications, information, advice, or opinions to which this |
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section applies, and such disclosure does not violate the law of |
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this state. |
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(b) Records relating to requests made of a parliamentarian |
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appointed under Subsection (a) for assistance, information, |
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advice, or opinion are not public information and are not subject to |
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Chapter 552. |
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(c) In this section: |
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(1) "Member, officer, or employee of the legislative |
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branch" includes: |
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(A) a member, member-elect, or officer of either |
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house of the legislature or of a legislative committee; |
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(B) an employee of the legislature, including an |
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employee of a legislative agency, office, or committee; and |
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(C) the lieutenant governor. |
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(2) "Parliamentarian" includes an employee of a |
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parliamentarian. |
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Sec. 301.042. COMMUNICATIONS WITH ENGROSSING AND ENROLLING |
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DEPARTMENT. (a) In this section, "department" means an engrossing |
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and enrolling department maintained by either house of the |
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legislature. |
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(b) Communications, including conversations, |
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correspondence, and electronic communications, between a member of |
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the legislature or the lieutenant governor, an officer of the house |
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or senate, a legislative agency, office, or committee, or a member |
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of the staff of any of those officers or entities and an assistant |
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or employee of a department that relate to a request by the officer |
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or entity for information, advice, or opinions from an assistant or |
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employee of the department are confidential and subject to |
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legislative privilege. |
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(c) A communication described by Subsection (b) is subject |
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to attorney-client privilege if: |
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(1) the assistant or employee of the department who is |
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a party to the communication is a department attorney or is working |
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at the direction of a department attorney; |
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(2) the communication is given privately; and |
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(3) the communication is made in connection with the |
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department attorney's provision of legal advice or other legal |
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services. |
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(d) Information, advice, and opinions given privately by an |
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assistant or employee of a department to a member of the legislature |
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or the lieutenant governor, an officer of the house or senate, a |
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legislative agency, office, or committee, or a member of the staff |
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of any of those officers or entities, when acting in the person's |
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official capacity, are confidential and subject to legislative |
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privilege. |
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(e) The member of the legislature, lieutenant governor, |
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house or senate officer, or legislative agency, office, or |
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committee may choose to disclose all or a part of the |
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communications, information, advice, or opinions to which this |
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section applies and to which the individual or entity was a party. |
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(f) This section does not affect the authority of a court to |
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analyze and apply attorney-client privilege under the applicable |
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rules of evidence governing a judicial proceeding. |
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Sec. 301.043. ENGROSSING AND ENROLLING DEPARTMENT RECORDS |
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OF DRAFTING AND OTHER REQUESTS. (a) In this section, "department" |
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has the meaning assigned by Section 301.042(a). |
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(b) Records relating to requests of department staff for the |
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drafting of proposed legislation or for assistance, information, |
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advice, or opinion are: |
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(1) subject to legislative privilege; and |
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(2) not public information and not subject to Chapter |
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552. |
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SECTION 14. Section 301.007, Government Code, is |
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transferred to Subchapter D, Chapter 301, Government Code, and |
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redesignated as Section 301.052, Government Code, to read as |
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follows: |
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Sec. 301.052 [301.007]. DISTRIBUTION OF JOURNALS. (a) The |
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lieutenant governor and speaker shall each appoint an employee to |
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distribute the journal of the respective houses. |
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(b) The employee shall distribute a copy of the journal to: |
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(1) the governor; |
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(2) each member of the legislature; and |
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(3) heads of departments, if requested. |
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SECTION 15. Chapter 301, Government Code, is amended by |
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adding Subchapter F, and a subchapter heading is added to read as |
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follows: |
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SUBCHAPTER F. MISCELLANEOUS PROVISIONS |
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SECTION 16. Section 301.034, Government Code, is |
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transferred to Subchapter F, Chapter 301, Government Code, as added |
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by this Act, and redesignated as Section 301.071, Government Code, |
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to read as follows: |
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Sec. 301.071 [301.034]. SALE OF TEXAS FLAGS AND SIMILAR |
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ITEMS. Either house of the legislature may acquire and provide for |
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the sale of Texas flags and other items carrying symbols of the |
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State of Texas. |
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SECTION 17. Subchapter F, Chapter 301, Government Code, as |
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added by this Act, is amended by adding Section 301.072 to read as |
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follows: |
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Sec. 301.072. STATE BUILDINGS OCCUPIED BY LEGISLATIVE |
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OFFICES AND AGENCIES. (a) This section applies to a state building |
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that is: |
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(1) occupied by a legislative office or agency; |
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(2) located in the Capitol complex, as defined by |
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Section 443.0071; and |
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(3) not described by Section 2165.007(b)(6). |
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(b) The presiding officers of each house of the legislature, |
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in consultation with the legislative offices or agencies occupying |
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a state building, shall jointly decide the following with respect |
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to a state building to which this section applies, the building's |
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facilities, and the grounds used by occupants of the building: |
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(1) the use of space by and allocation of space to a |
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legislative office or agency; |
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(2) security and building access for a legislative |
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office or agency; |
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(3) the manner in which a legislative office or agency |
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contracts for a construction or remodeling project involving space |
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allocated to the office or agency; and |
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(4) the timing and logistics of a maintenance or |
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construction activity involving the building, facilities, or |
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grounds that affects a legislative office or agency. |
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SECTION 18. Section 303.003(c), Government Code, is amended |
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to read as follows: |
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(c) Contributions from a contributor to the speaker's |
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reunion day ceremony may not exceed an aggregate of $1,000 [$500] |
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cash or an aggregate value of more than $1,000 [$500]. |
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SECTION 19. Chapter 306, Government Code, is amended by |
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adding Sections 306.008 and 306.009 to read as follows: |
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Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) To protect the |
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public's interest in the proper performance of the deliberative and |
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policymaking responsibilities of the legislature and to preserve |
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the legislative branch's independence under the fundamental |
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principle of separation of powers, as guaranteed by Article II and |
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Section 21, Article III, Texas Constitution, a communication is |
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confidential and subject to legislative privilege if the |
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communication: |
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(1) is given privately; |
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(2) concerns a legislative activity or function; and |
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(3) is among or between any of the following: |
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(A) a member of the house or senate; |
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(B) the lieutenant governor; |
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(C) an officer of the house or senate; |
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(D) a member of the governing body of a |
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legislative agency; or |
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(E) a legislative employee. |
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(b) A communication described by Subsection (a) is subject |
|
to attorney-client privilege if: |
|
(1) one of the parties to the communication is a |
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legislative attorney or a legislative employee working at the |
|
direction of a legislative attorney; and |
|
(2) the communication is made in connection with the |
|
legislative attorney's provision of legal advice or other legal |
|
services. |
|
(c) A member of the house or senate, the lieutenant |
|
governor, or an officer of the house or senate may choose to |
|
disclose all or part of a communication to which Subsection (a) or |
|
(b) applies and to which the individual or a legislative employee |
|
acting on behalf of the individual was a party. |
|
(d) This section does not affect the authority of a court to |
|
analyze and apply legislative or attorney-client privileges under |
|
the applicable rules of evidence governing a judicial proceeding. |
|
(e) In this section: |
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(1) "Legislative agency" means a board, commission, |
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committee, council, department, office, or any other agency in the |
|
legislative branch of state government. The term does not include |
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the Texas Ethics Commission. |
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(2) "Legislative attorney" means an attorney employed |
|
or engaged by the house, the senate, a member of the house or |
|
senate, the lieutenant governor, an officer of the house or senate, |
|
a house or senate committee, a joint committee, or a legislative |
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agency. |
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(3) "Legislative employee" means: |
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(A) an employee of, assistant to, or credentialed |
|
intern for any part of the legislative branch of state government, |
|
including the house, the senate, a member of the house or senate, |
|
the lieutenant governor, an officer of the house or senate, a house |
|
or senate committee, a joint committee, or a legislative agency; or |
|
(B) a person performing services under a contract |
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entered into with the house, the senate, a house or senate |
|
committee, or a legislative agency. |
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Sec. 306.009. CUSTODIAN OF CERTAIN LEGISLATIVE RECORDS. |
|
(a) A member of the legislature, the lieutenant governor, an |
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officer of the house or senate, or a legislative agency, office, or |
|
committee that stores records with or transfers records to the |
|
Legislative Reference Library or the Texas State Library and |
|
Archives Commission: |
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(1) possesses, maintains, or controls the records for |
|
purposes of litigation; and |
|
(2) is the custodian of the records for purposes of |
|
Chapter 552. |
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(b) Subsection (a) does not apply to a member of the |
|
legislature or the lieutenant governor after the individual's |
|
service as a member or lieutenant governor ends. |
|
SECTION 20. Sections 314.003(a) and (b), Government Code, |
|
are amended to read as follows: |
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(a) If a fiscal note is required on a bill or resolution, it |
|
must be attached to the bill or resolution as provided by the rules |
|
of the appropriate house of the legislature [before a committee
|
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hearing on the bill or resolution may be conducted]. |
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(b) The fiscal note must be printed as part of [on the first
|
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page of] the committee report of the bill or resolution and as part |
|
[on the first page] of all subsequent printings, as provided by the |
|
rules of the appropriate house of the legislature. |
|
SECTION 21. Section 323.006(a), Government Code, is amended |
|
to read as follows: |
|
(a) The council shall: |
|
(1) study and investigate the functions and problems |
|
of state departments, agencies, and officers; |
|
(2) conduct investigations and studies and make |
|
reports that may be considered useful to the legislative branch of |
|
state government; |
|
(3) gather and disseminate information for the |
|
legislature's use; |
|
(4) meet and perform council functions during the |
|
legislative interim; |
|
(5) make periodic reports to all members of the |
|
legislature and keep the legislature fully informed of all issues |
|
that may come before the council, any action taken on an issue, and |
|
the progress made on an issue; |
|
(6) report council recommendations to the legislature |
|
and, if appropriate, provide drafts of legislation with the report; |
|
(7) assist the legislature in drafting proposed |
|
legislation; [and] |
|
(8) provide legal advice and other legal services to |
|
the legislature; and |
|
(9) provide data-processing services to aid members |
|
and legislative committees in accomplishing their legislative |
|
duties. |
|
SECTION 22. Sections 323.017 and 323.018, Government Code, |
|
are amended to read as follows: |
|
Sec. 323.017. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS. |
|
(a) Communications, including conversations, correspondence, and |
|
electronic communications, between a member of the legislature or |
|
the lieutenant governor, an officer of the house or senate, a |
|
legislative agency, office, or committee, or a member of the staff |
|
of any of those officers or entities and an assistant or employee of |
|
the council that relate to a request by the officer or entity |
|
[official] for information, advice, or opinions from an assistant |
|
or employee of the council are confidential and subject to |
|
legislative privilege. |
|
(b) A communication described by Subsection (a) is subject |
|
to attorney-client privilege if: |
|
(1) the assistant or employee of the council who is a |
|
party to the communication is a council attorney or is working at |
|
the direction of a council attorney; |
|
(2) the communication is given privately; and |
|
(3) the communication is made in connection with the |
|
council attorney's provision of legal advice or other legal |
|
services. |
|
(c) Information, advice, and opinions given privately by an |
|
assistant or employee of the council to a member of the |
|
legislature[,] or the lieutenant governor, an officer of the house |
|
or senate, a legislative agency, office, or committee, or a member |
|
of the staff of any of those officers or entities, when acting in |
|
the person's official capacity, are confidential and subject to |
|
legislative privilege. |
|
(d) The [However, the] member of the legislature, [or] |
|
lieutenant governor, house or senate officer, or legislative |
|
agency, office, or committee may choose to disclose all or a part of |
|
the communications, information, advice, or opinions to which this |
|
section applies[,] and to which the individual or entity was a party |
|
[such a disclosure does not violate the law of this state]. |
|
(e) This section does not affect the authority of a court to |
|
analyze and apply attorney-client privilege under the applicable |
|
rules of evidence governing a judicial proceeding. |
|
Sec. 323.018. RECORDS OF DRAFTING AND OTHER REQUESTS. |
|
Records relating to requests of council staff for the drafting of |
|
proposed legislation or for assistance, information, advice, or |
|
opinion are: |
|
(1) subject to legislative privilege; and |
|
(2) not public information and not subject to Chapter |
|
552. |
|
SECTION 23. Chapter 323, Government Code, is amended by |
|
adding Section 323.021 to read as follows: |
|
Sec. 323.021. LEGISLATIVE OFFICE RECORDS. A member of the |
|
legislature, the lieutenant governor, an officer of the house or |
|
senate, or a legislative agency, office, or committee that uses a |
|
system made available by the council to transmit, store, or |
|
maintain records: |
|
(1) possesses, maintains, or controls the records for |
|
purposes of litigation; and |
|
(2) is the custodian of the records for purposes of |
|
Chapter 552. |
|
SECTION 24. Section 324.001, Government Code, is amended by |
|
adding Subdivisions (4), (5), and (6) to read as follows: |
|
(4) "Legislative entity" means a member of the |
|
legislature, the lieutenant governor, an officer of the house or |
|
senate, or a legislative committee, department, or office, but does |
|
not include a legislative agency created by Subtitle C, Title 3. |
|
(5) "Legislative record" means a record, including a |
|
state record or archival state record, created by a legislative |
|
entity. The term includes records described by Section 324.008(b). |
|
(6) "State record" and "archival state record" have |
|
the meanings assigned by Section 441.180. |
|
SECTION 25. Sections 324.007(b) and (c), Government Code, |
|
are amended to read as follows: |
|
(b) The library shall contain, as may best be made available |
|
for legislative use, the following items: |
|
(1) checklists and catalogues of current legislation |
|
in this and other states; |
|
(2) catalogues of bills and resolutions presented in |
|
either house of the legislature; |
|
(3) checklists of public documents in each state; |
|
(4) checklists of all reports issued by each |
|
department, agency, board, or commission of this state; [and] |
|
(5) digests of public laws of this and other states; |
|
(6) legislative records; and |
|
(7) other items designated by the board or the |
|
director. |
|
(c) The director and library employees shall provide any |
|
assistance requested by a member of the legislature in researching, |
|
analyzing, evaluating, and preparing bills and resolutions. |
|
SECTION 26. The heading to Section 324.008, Government |
|
Code, is amended to read as follows: |
|
Sec. 324.008. DEPOSIT AND MANAGEMENT [DISPOSITION] OF |
|
DOCUMENTS. |
|
SECTION 27. Sections 324.008(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) The library is a depository library as defined by |
|
Section 441.101 [Section 1, Chapter 438, Acts of the 58th
|
|
Legislature, 1963 (Article 5442a, Vernon's Texas Civil Statutes),] |
|
and shall receive state documents and publications from other |
|
states distributed by the Texas State Library. |
|
(c) At the close of each legislative session, each daily |
|
legislative journal, bill, or resolution possessed by the senate or |
|
house sergeant at arms shall be delivered to the library to be |
|
managed as a legislative record under Section 324.0085 [disposed of
|
|
at the discretion of the director]. |
|
SECTION 28. Chapter 324, Government Code, is amended by |
|
adding Sections 324.0085 and 324.0086 to read as follows: |
|
Sec. 324.0085. LEGISLATIVE RECORDS. (a) In this section: |
|
(1) "Commission," "records management officer," and |
|
"state records administrator" have the meanings assigned by Section |
|
441.180. |
|
(2) "Director and librarian of the commission" means |
|
the chief executive and administrative officer of the Texas State |
|
Library and Archives Commission. |
|
(b) The library is the depository for legislative records. |
|
(c) Except as otherwise provided by this chapter, a |
|
legislative record must be managed by the director in the same |
|
manner that a state record is managed under Subchapter L, Chapter |
|
441. For a legislative record, with regard to the requirements of |
|
Subchapter L, Chapter 441: |
|
(1) the board shall perform the functions and duties |
|
of the commission; and |
|
(2) the director shall perform the functions and |
|
duties of: |
|
(A) the director and librarian of the commission; |
|
(B) the state records administrator; and |
|
(C) the records management officer. |
|
(d) Legislative records shall be transferred to the library |
|
or a depository outside the library under Section 324.0086, in |
|
accordance with any applicable records retention schedule approved |
|
by the director under this section. |
|
(e) A legislative entity may retrieve, for temporary use, |
|
records transferred by the legislative entity to the library or a |
|
depository outside the library. The director and library employees |
|
shall assist the legislative entity with retrieval of the records, |
|
and the legislative entity shall return the records to the library |
|
following the legislative entity's use. |
|
(f) Under the direction of the legislative entity that |
|
created the records transferred to the library, or of the public |
|
information officer of the appropriate house of the legislature in |
|
the case of a former legislative entity, the director shall protect |
|
privileged or confidential legislative records held by the library |
|
or a depository outside the library from public disclosure. |
|
(g) Under the direction of the public information officer of |
|
the legislative entity that transferred a legislative record to the |
|
library or an authorized depository outside the library, or of the |
|
public information officer of the appropriate house of the |
|
legislature in the case of a former legislative entity, the |
|
director shall respond to requests received under Chapter 552 for |
|
the legislative record. The director shall notify the public |
|
information officer responsible for the legislative record as soon |
|
as practicable after receiving a request described by this |
|
subsection. |
|
(h) The director may: |
|
(1) transfer legislative records to the Texas State |
|
Library and Archives Commission for management under Subchapter L, |
|
Chapter 441; and |
|
(2) request the Texas State Library and Archives |
|
Commission to return to the library, without charge to the library, |
|
legislative records held by the commission. |
|
(i) To the extent of any conflict, this section prevails |
|
over Chapter 441 or any other state law relating to the management |
|
of legislative records. |
|
Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A |
|
member of the legislature may apply to the board to place records |
|
that were created or received by the member's office during the |
|
member's term in a depository other than the library. |
|
(b) The board shall: |
|
(1) create a list of preapproved depositories in which |
|
members of the legislature may place records of their legislative |
|
offices; and |
|
(2) by rule adopt policies and procedures to approve |
|
additional depositories. |
|
(c) The director is responsible for the preservation of |
|
records described by Subsection (a) placed in a depository other |
|
than the library. Ownership and legal custody of the records remain |
|
with the legislature as provided by Section 324.0085. The records |
|
may not be intermingled with other holdings of the institution that |
|
serves as a depository. |
|
SECTION 29. Subchapter L, Chapter 441, Government Code, is |
|
amended by adding Section 441.1821 to read as follows: |
|
Sec. 441.1821. LEGISLATIVE RECORDS MANAGEMENT. (a) As |
|
used in this section, "legislative record" has the meaning assigned |
|
by Section 324.001. |
|
(b) Upon receipt of a request from the Legislative Reference |
|
Library for the return of a legislative record in the custody of the |
|
commission, the commission shall immediately return the |
|
legislative record to the library, at no cost to the library. |
|
(c) Notwithstanding any other law, the Legislative |
|
Reference Library shall manage legislative records under Chapter |
|
324. To the extent of any conflict, Chapter 324 prevails over this |
|
chapter or any other state law relating to the management of state |
|
records that are legislative records. |
|
SECTION 30. Section 602.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this |
|
state may be administered and a certificate of the fact given by: |
|
(1) a judge, retired judge, or clerk of a municipal |
|
court; |
|
(2) a judge, retired judge, senior judge, clerk, or |
|
commissioner of a court of record; |
|
(3) a justice of the peace or a clerk of a justice |
|
court; |
|
(4) an associate judge, magistrate, master, referee, |
|
or criminal law hearing officer; |
|
(5) a notary public; |
|
(6) a member of a board or commission created by a law |
|
of this state, in a matter pertaining to a duty of the board or |
|
commission; |
|
(7) a person employed by the Texas Ethics Commission |
|
who has a duty related to a report required by Title 15, Election |
|
Code, in a matter pertaining to that duty; |
|
(8) a county tax assessor-collector or an employee of |
|
the county tax assessor-collector if the oath relates to a document |
|
that is required or authorized to be filed in the office of the |
|
county tax assessor-collector; |
|
(9) the secretary of state or a former secretary of |
|
state; |
|
(10) an employee of a personal bond office, or an |
|
employee of a county, who is employed to obtain information |
|
required to be obtained under oath if the oath is required or |
|
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of |
|
Criminal Procedure; |
|
(11) the lieutenant governor or a former lieutenant |
|
governor; |
|
(12) the speaker of the house of representatives or a |
|
former speaker of the house of representatives; |
|
(13) the governor or a former governor; |
|
(14) a legislator or retired legislator; |
|
(14-a) the secretary of the senate or the chief clerk |
|
of the house of representatives; |
|
(15) the attorney general or a former attorney |
|
general; |
|
(16) the secretary or clerk of a municipality in a |
|
matter pertaining to the official business of the municipality; |
|
(17) a peace officer described by Article 2.12, Code |
|
of Criminal Procedure, if: |
|
(A) the oath is administered when the officer is |
|
engaged in the performance of the officer's duties; and |
|
(B) the administration of the oath relates to the |
|
officer's duties; or |
|
(18) a county treasurer. |
|
SECTION 31. Records described by Section 301.041(b) or |
|
301.043, Government Code, as added by this Act, or Section 323.018, |
|
Government Code, as amended by this Act, are not subject to request, |
|
inspection, or duplication under Chapter 552, Government Code. A |
|
governmental body may withhold the records without the necessity of |
|
requesting a decision from the attorney general under Subchapter G, |
|
Chapter 552, Government Code. |
|
SECTION 32. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4181 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 136, Nays 0, 6 present, not |
|
voting; |
|
that the House concurred in Senate amendments to H.B. No. |
|
4181 on May 23, 2019, by the following vote: Yeas 142, Nays 1, 2 |
|
present, not voting; and that the House adopted H.C.R. No. 189 |
|
authorizing certain corrections in H.B. No. 4181 on May 26, 2019, by |
|
the following vote: Yeas 143, Nays 0, 6 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 4181 was passed by the Senate, with |
|
amendments, on May 21, 2019, by the following vote: Yeas 27, Nays |
|
4; and that the Senate adopted H.C.R. No. 189 authorizing certain |
|
corrections in H.B. No. 4181 on May 26, 2019, by the following vote: |
|
Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |