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A BILL TO BE ENTITLED
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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 or chief clerk shall call the districts of |
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the appropriate house [counties] in numerical [alphabetical] order |
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regardless of whether the secretary of state has received the |
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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 has called the districts and |
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the senators-elect have appeared and presented their credentials, |
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the official oath shall be administered to each senator-elect by an |
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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 or chief clerk, as appropriate, shall attend each day |
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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 them. |
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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 its 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 [of a joint general investigating committee] constitute a |
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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 301.041, Government Code, is |
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transferred to Subchapter B, Chapter 301, Government Code, as |
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amended by this Act, redesignated as Section 301.033, Government |
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Code, and amended to 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 11. 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 12. Subchapter C, Chapter 301, Government Code, is |
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amended by adding Section 301.041 to read as 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 of the legislative |
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branch and a parliamentarian appointed by the presiding officer of |
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either house that relate to a request by the member for information, |
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advice, or opinions from a parliamentarian are confidential. |
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Information, advice, and opinions given privately by a |
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parliamentarian to a member of the legislative branch, acting in |
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the person's official capacity, are confidential. However, the |
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member of the legislative branch may choose to disclose all or a |
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part of the communications, information, advice, or opinions to |
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which this section applies, and such disclosure does not violate |
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the law of this state. |
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(b) Records relating to requests made of a parliamentarian |
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appointed under subsection (c) for assistance, information, |
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advice, or opinion are not public information. |
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(c) As used in this section: |
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(1) "member of the legislative branch" means a member, |
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member-elect, or officer of the legislature or of a legislative |
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committee, or an employee of the legislature, and includes the |
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lieutenant governor. |
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(2) "parliamentarian" includes an employee of a |
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parliamentarian. |
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SECTION 13. Section 301.007, Government Code, is |
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transferred to Subchapter D, Chapter 301, Government Code, |
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redesignated as Section 301.052, Government Code, and amended to |
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read as 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 14. Chapter 301, Government Code, is amended by |
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adding Subchapter F with a chapter heading as follows: |
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SUBCHAPTER F. MISCELLANEOUS PROVISIONS |
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SECTION 15. 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, redesignated as Section 301.071, Government Code, and |
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amended 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 16. Section 301.033, Government Code, is |
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transferred to Subchapter F, Chapter 301, Government Code, as added |
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by this Act, redesignated as Section 301.072, and amended to read as |
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follows: |
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Sec. 301.072 [301.033]. ALLOCATION OF SPACE IN LEGISLATIVE |
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SERVICES BUILDING. (a) The space in the legislative services |
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office building and parking facilities authorized by Chapter 168, |
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Acts of the 74th Legislature, Regular Session, 1995, is allocated |
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to the legislature and legislative agencies for their use. The |
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presiding officers of each house of the legislature shall jointly |
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decide the allocation of the space in the building and facilities. |
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(b) The building shall be known as the Robert E. Johnson |
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Building. |
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SECTION 17. Chapter 306, Government Code, is amended by |
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adding Section 306.008 to read as follows: |
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Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) A communication |
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is confidential and subject to legislative privilege if the |
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communication: |
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(1) is between a legislative assistant or employee and |
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a member of the legislature, an officer of the legislature, |
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legislative staff, or the lieutenant governor; |
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(2) is given privately; and |
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(3) constitutes legislative business. |
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(b) A communication is confidential and subject to |
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attorney-client privilege if the communication: |
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(1) is between a legislative attorney or a legislative |
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employee working at the direction of a legislative attorney and a |
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member of the legislature, an officer of the legislature, |
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legislative staff, or the lieutenant governor; |
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(2) is given privately; and |
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(3) constitutes legal advice or legal services. |
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(c) A member of the legislature, an officer of the |
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legislature, or the lieutenant governor may choose to disclose all |
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or a part of a communication to which Subsection (a) or (b) applies. |
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SECTION 18. Chapter 323, Government Code, is amended by |
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adding Section 323.021 to read as follows: |
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Sec. 323.021. LEGISLATIVE OFFICE RECORDS. A member of the |
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legislature, the lieutenant governor, the office of a member or the |
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lieutenant governor, an officer of the legislature, or a |
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legislative agency that uses a mechanism made available by the |
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council to transmit, store, or maintain records: |
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(1) possesses, maintains, or controls the records for |
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purposes of litigation; and |
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(2) is the custodian of the records for purposes of |
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Chapter 552. |
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SECTION 19. Section 602.002, Government Code, is amended by |
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to read as follows: |
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Sec. 602.002. OATH MADE IN TEXAS. An oath made in this |
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state may be administered and a certificate of the fact given by: |
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(1) a judge, retired judge, or clerk of a municipal |
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court; |
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(2) a judge, retired judge, senior judge, clerk, or |
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commissioner of a court of record; |
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(3) a justice of the peace or a clerk of a justice |
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court; |
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(4) an associate judge, magistrate, master, referee, |
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or criminal law hearing officer; |
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(5) a notary public; |
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(6) a member of a board or commission created by a law |
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of this state, in a matter pertaining to a duty of the board or |
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commission; |
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(7) a person employed by the Texas Ethics Commission |
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who has a duty related to a report required by Title 15, Election |
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Code, in a matter pertaining to that duty; |
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(8) a county tax assessor-collector or an employee of |
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the county tax assessor-collector if the oath relates to a document |
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that is required or authorized to be filed in the office of the |
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county tax assessor-collector; |
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(9) the secretary of state or a former secretary of |
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state; |
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(10) an employee of a personal bond office, or an |
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employee of a county, who is employed to obtain information |
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required to be obtained under oath if the oath is required or |
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authorized by Article 17.04 or by Article 26.04(n) or (o), Code of |
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Criminal Procedure; |
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(11) the lieutenant governor or a former lieutenant |
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governor; |
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(12) the speaker of the house of representatives or a |
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former speaker of the house of representatives; |
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(13) the governor or a former governor; |
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(14) a legislator or retired legislator; |
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(14-a) the secretary of the senate or the chief clerk |
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of the house of representatives; |
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(15) the attorney general or a former attorney |
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general; |
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(16) the secretary or clerk of a municipality in a |
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matter pertaining to the official business of the municipality; |
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(17) a peace officer described by Article 2.12, Code |
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of Criminal Procedure, if: |
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(A) the oath is administered when the officer is |
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engaged in the performance of the officer's duties; and |
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(B) the administration of the oath relates to the |
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officer's duties; or |
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(18) a county treasurer. |
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SECTION 20. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2019. |