87R23357 BEF-F
 
  By: Metcalf H.B. No. 4294
 
  Substitute the following for H.B. No. 4294:
 
  By:  Metcalf C.S.H.B. No. 4294
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the organization and efficient operation of the
  legislative branch of state government through joint entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 301, Government Code, is
  amended by adding Section 301.035 to read as follows:
         Sec. 301.035.  JOINT INTERIM COMMITTEE PER DIEM AND TRAVEL
  EXPENSES. Unless a statute expressly provides otherwise, per diem
  and travel expenses paid to a member of a joint committee
  established by statute shall be paid by the house to which the
  member belongs. The per diem and travel expenses paid to a public
  member of the committee shall be paid by the office of the
  appointing entity.
         SECTION 2.  Section 321.002, Government Code, is amended by
  adding Subsections (f) and (g) to read as follows:
         (f)  Notwithstanding Chapter 551 or other law, if the joint
  chairs of the committee are physically present at a meeting of the
  committee located in Austin, then any number of the other members of
  the committee may attend and participate in the meeting remotely by
  use of telephone conference call, video conference call, or other
  similar means of telecommunication. A member of the committee who
  participates in a meeting remotely as provided by this subsection
  is considered present for purposes of determining whether a quorum
  is present, for purposes of voting, and for any other purpose that
  allows a member of the committee to otherwise fully participate in a
  meeting of the committee. This subsection applies:
               (1)  only if a disaster has been declared for the first
  time after the date of final adjournment of the most recent regular
  session of the legislature and is currently in effect in this state
  as the result of:
                     (A)  a declaration by the president of the United
  States under federal law; or
                     (B)  a declaration or determination by a public
  officer, governing body, or authority under Chapter 418 of this
  code, Chapter 81, Health and Safety Code, or other law including the
  Texas Constitution; and
               (2)  regardless of the subject of the meeting or the
  topics considered by the members.
         (g)  A meeting held under Subsection (f) by use of telephone
  conference call, video conference call, or other similar means of
  telecommunication:
               (1)  is subject to the notice requirements applicable
  to other meetings of the committee;
               (2)  must specify in the notice of the meeting the
  location in Austin of the meeting at which the joint chairs will be
  physically present;
               (3)  must be open to the public and shall be audible to
  the public at the location in Austin specified in the notice of the
  meeting as the location of the meeting at which the joint chairs
  will be physically present;
               (4)  must provide two-way audio communication between
  all members of the committee attending the meeting during the
  entire meeting; and
               (5)  if the two-way audio communication link with any
  member attending the meeting is disrupted at any time, may not
  continue until the two-way audio communication link is
  reestablished.
         SECTION 3.  Section 323.003, Government Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  Notwithstanding Chapter 551 or other law, if the joint
  chairs of the council are physically present at a meeting of the
  council located in Austin, then any number of the other members of
  the council may attend and participate in the meeting remotely by
  use of telephone conference call, video conference call, or other
  similar means of telecommunication. A member of the council who
  participates in a meeting remotely as provided by this subsection
  is considered present for purposes of determining whether a quorum
  is present, for purposes of voting, and for any other purpose that
  allows a member of the council to otherwise fully participate in a
  meeting of the council. This subsection applies:
               (1)  only if a disaster has been declared for the first
  time after the date of final adjournment of the most recent regular
  session of the legislature and is currently in effect in this state
  as the result of:
                     (A)  a declaration by the president of the United
  States under federal law; or
                     (B)  a declaration or determination by a public
  officer, governing body, or authority under Chapter 418 of this
  code, Chapter 81, Health and Safety Code, or other law including the
  Texas Constitution; and
               (2)  regardless of the subject of the meeting or the
  topics considered by the members.
         (f)  A meeting held under Subsection (e) by use of telephone
  conference call, video conference call, or other similar means of
  telecommunication:
               (1)  is subject to the notice requirements applicable
  to other meetings of the council;
               (2)  must specify in the notice of the meeting the
  location in Austin of the meeting at which the joint chairs will be
  physically present;
               (3)  must be open to the public and shall be audible to
  the public at the location in Austin specified in the notice of the
  meeting as the location of the meeting at which the joint chairs
  will be physically present;
               (4)  must provide two-way audio communication between
  all members of the council attending the meeting during the entire
  meeting; and
               (5)  if the two-way audio communication link with any
  member attending the meeting is disrupted at any time, may not
  continue until the two-way audio communication link is
  reestablished.
         SECTION 4.  Section 324.004, Government Code, is amended by
  adding Subsections (e) and (f) to read as follows:
         (e)  Notwithstanding Chapter 551 or other law, if the joint
  chairs of the board are physically present at a meeting of the board
  located in Austin, then any number of the other members of the board
  may attend and participate in the meeting remotely by use of
  telephone conference call, video conference call, or other similar
  means of telecommunication. A member of the board who participates
  in a meeting remotely as provided by this subsection is considered
  present for purposes of determining whether a quorum is present,
  for purposes of voting, and for any other purpose that allows a
  member of the board to otherwise fully participate in a meeting of
  the board. This subsection applies:
               (1)  only if a disaster has been declared for the first
  time after the date of final adjournment of the most recent regular
  session of the legislature and is currently in effect in this state
  as the result of:
                     (A)  a declaration by the president of the United
  States under federal law; or
                     (B)  a declaration or determination by a public
  officer, governing body, or authority under Chapter 418 of this
  code, Chapter 81, Health and Safety Code, or other law including the
  Texas Constitution; and
               (2)  regardless of the subject of the meeting or the
  topics considered by the members.
         (f)  A meeting held under Subsection (e) by use of telephone
  conference call, video conference call, or other similar means of
  telecommunication:
               (1)  is subject to the notice requirements applicable
  to other meetings of the board;
               (2)  must specify in the notice of the meeting the
  location in Austin of the meeting at which the joint chairs will be
  physically present;
               (3)  must be open to the public and shall be audible to
  the public at the location in Austin specified in the notice of the
  meeting as the location of the meeting at which the joint chairs
  will be physically present;
               (4)  must provide two-way audio communication between
  all members of the board attending the meeting during the entire
  meeting; and
               (5)  if the two-way audio communication link with any
  member attending the meeting is disrupted at any time, may not
  continue until the two-way audio communication link is
  reestablished.
         SECTION 5.  Section 325.003, Government Code, is amended by
  adding Subsections (l) and (m) to read as follows:
         (l)  Notwithstanding Chapter 551 or other law, if the
  chairman and vice-chairman of the commission are physically present
  at a meeting of the commission located in Austin, then any number of
  the other members of the commission may attend and participate in
  the meeting remotely by use of telephone conference call, video
  conference call, or other similar means of telecommunication. A
  member of the commission who participates in a meeting remotely as
  provided by this subsection is considered present for purposes of
  determining whether a quorum is present, for purposes of voting,
  and for any other purpose that allows a member of the commission to
  otherwise fully participate in a meeting of the commission. This
  subsection applies:
               (1)  only if a disaster has been declared for the first
  time after the date of final adjournment of the most recent regular
  session of the legislature and is currently in effect in this state
  as the result of:
                     (A)  a declaration by the president of the United
  States under federal law; or
                     (B)  a declaration or determination by a public
  officer, governing body, or authority under Chapter 418 of this
  code, Chapter 81, Health and Safety Code, or other law including the
  Texas Constitution; and
               (2)  regardless of the subject of the meeting or the
  topics considered by the members.
         (m)  A meeting held under Subsection (l) by use of telephone
  conference call, video conference call, or other similar means of
  telecommunication:
               (1)  is subject to the notice requirements applicable
  to other meetings of the commission;
               (2)  must specify in the notice of the meeting the
  location in Austin of the meeting at which the chairman and
  vice-chairman will be physically present;
               (3)  must be open to the public and shall be audible to
  the public at the location in Austin specified in the notice of the
  meeting as the location of the meeting at which the chairman and
  vice-chairman will be physically present;
               (4)  must provide two-way audio communication between
  all members of the commission attending the meeting during the
  entire meeting; and
               (5)  if the two-way audio communication link with any
  member attending the meeting is disrupted at any time, may not
  continue until the two-way audio communication link is
  reestablished.
         SECTION 6.  Section 326.001, Government Code, is amended to
  read as follows:
         Sec. 326.001.  DEFINITION. In this chapter, "legislative
  agency":
               (1)  means:
                     (A) [(1)]  the senate;
                     (B) [(2)]  the house of representatives;
                     (C) [(3)]  a committee, division, department, or
  office of the senate or house;
                     (D) [(4)]  the Texas Legislative Council;
                     (E) [(5)]  the Legislative Budget Board;
                     (F) [(6)]  the Legislative Reference Library;
                     (G) [(7)]  the office of the State Auditor; or
                     (H) [(8)]  any other agency in the legislative
  branch of state government; and
               (2)  does not include the Texas Ethics Commission.
         SECTION 7.  Section 326.002, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The Texas Legislative Council may transfer money to
  another legislative agency to cover expenses of the other agency
  that the executive director of the council determines to be
  necessary to further a purpose of the council.
         SECTION 8.  Chapter 762, Government Code, is transferred to
  Subtitle C, Title 3, Government Code, redesignated as Chapter 329,
  Government Code, and amended to read as follows:
  CHAPTER 329 [762]. COMMISSION ON UNIFORM STATE LAWS
         Sec. 329.001 [762.001].  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Commission on Uniform State
  Laws.
               (2)  "National conference" means the National
  Conference of Commissioners on Uniform State Laws.
         Sec. 329.002 [762.002].  DUTIES OF COMMISSION. (a) The
  commission shall:
               (1)  promote the uniform judicial interpretation of all
  uniform laws; and
               (2)  before January 1 of each odd-numbered year, submit
  a biennial report to the legislature that contains an account of the
  commission's transactions and its advice and recommendations for
  legislation.
         (b)  The commission may supplement the report.
         Sec. 329.003  [762.003].  COMPOSITION OF COMMISSION; TERMS.
  (a) The commission is composed of:
               (1)  nine members appointed by the governor;
               (2)  two members appointed by the lieutenant governor,
  who are members or officers of the senate;
               (3)  two members appointed by the speaker of the house
  of representatives, who are members or officers of the house of
  representatives;
               (4)  the chair of the standing committee of the senate
  with primary jurisdiction over uniform state laws;
               (5)  the chair of the standing committee of the house of
  representatives with primary jurisdiction over uniform state laws;
               (6)  the executive director of the Texas Legislative
  Council or a person designated by the executive director; and
               (7) [(3)]  in addition to the persons described by
  Subdivisions (1) through (6) [and (2)], residents of this state who
  have long service in the cause of uniformity in state legislation as
  shown by:
                     (A)  at least 20 years of service representing the
  state as an associate member of the national conference;
                     (B)  election as a life member of the national
  conference; or
                     (C)  at least 15 years of service as a member of
  the commission and at least five years of combined service as a
  judge or justice of a trial or appellate court of this state.
         (b)  Appointments to the commission shall be made without
  regard to the race, creed, sex, religion, or national origin of the
  appointees.
         (c)  Members appointed by the governor under Subsection
  (a)(1) [Appointed members] serve staggered six-year terms, with the
  terms of three members expiring September 30 of each even-numbered
  year.
         (d)  Members appointed by the lieutenant governor under
  Subsection (a)(2) serve at the pleasure of the lieutenant governor. 
         (e)  Members appointed by the speaker of the house of
  representatives under Subsection (a)(3) serve at the pleasure of
  the speaker.
         Sec. 329.004 [762.004].  ELIGIBILITY [FOR APPOINTMENT];
  LOBBYIST RESTRICTION. (a) To be eligible for appointment to or
  service on the commission, a person must be an attorney licensed to
  practice law.
         (b)  At least one of the commissioners, at the time of that
  commissioner's appointment, must be a state judge.
         (c)  At least one of the commissioners, at the time of that
  commissioner's appointment, must be a legal educator.
         (d)  A person required to register as a lobbyist under
  Chapter 305 because of the person's activities for compensation in
  or on behalf of a profession related to the operation of the
  commission may not serve as a commissioner or act as general counsel
  to the commission.
         Sec. 329.005 [762.005].  DUTIES OF COMMISSIONERS. Each
  commissioner shall:
               (1)  promote uniformity in state laws in subject areas
  in which uniformity is desirable and practicable; and
               (2)  attend national conference meetings.
         Sec. 329.006 [762.006].  VACANCY; EXPIRATION OF TERM. (a)
  This section applies only to a commissioner appointed by the
  governor.
         (b)  The office of an appointed commissioner becomes vacant
  on the death, resignation, failure or refusal to serve, or removal
  of the commissioner.
         (c) [(b)]  The governor shall fill a vacancy by appointing a
  person to the commission for the unexpired term of the commissioner
  vacating the office.
         (d) [(c)]  On the vacancy or expiration of the term of office
  of an appointed commissioner, the governor shall appoint a state
  judge or legal educator if the appointment is required by Section
  329.004(b) [762.004(b)] or (c).
         Sec. 329.007 [762.008].  GROUNDS FOR REMOVAL. (a) It is a
  ground for removal from the commission if a member:
               (1)  did not have, at the time of appointment or
  election, the qualifications required by Section 329.004
  [762.004];
               (2)  does not maintain the qualifications required by
  Section 329.004 [762.004];
               (3)  is prohibited from serving as a commissioner under
  Section 329.004(d) [762.004(d)]; or
               (4)  is ineligible to participate in activities of the
  national conference.
         (b)  The validity of an action of the commission is not
  affected because it is taken when a member is subject to removal.
         Sec. 329.008 [762.009].  MEETING AND ELECTION OF OFFICERS.
  (a) The commission shall meet at least once every two years.
         (b)  The commissioners shall elect a chair [chairman] and
  secretary, who shall each hold office for a term of two years.
         Sec. 329.009 [762.010].  COMPENSATION. A commissioner
  serves without compensation but is entitled to be reimbursed for
  reasonable expenses incurred in the performance of the
  commissioner's duties.
         Sec. 329.010 [762.011].  SUPPORT SERVICES. The Texas
  Legislative Council shall provide accounting, clerical, and other
  support services necessary for the commission to carry out its
  duties.
         SECTION 9.  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, 2021.