86(R) HB 4181 - Enrolled version - Texas

H.B.ANo.A4181

AN ACT

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relating

to

the

organization

and

efficient

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legislative branch of state government.

operation

of

the

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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SECTIONA1.AASections 301.001, 301.002, 301.003, 301.004, and

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301.005, Government Code, are amended to read as follows:

Sec.A301.001.AATIME 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.A301.002.AAWHO

MAY

ORGANIZE.

(a)

The

following

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individuals [persons] only may organize the senate [and house of

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representatives]:

(1)AAsenators who have not completed their terms of

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office; and

(2)AAindividuals

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who

have

received

certification

of

election to the [house of representatives or] senate.

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(b)AAOnly 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.A301.003.AA[SECRETARY OF STATE AS] PRESIDING OFFICERS

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[OFFICER].

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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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(a)

The secretary of state shall attend and [the

(b)AAIf there is no secretary of state or if the secretary of

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H.B.ANo.A4181

1

state is absent or unable to attend, the attorney general shall

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attend

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representatives.

and

preside

at

the

organization

of

the

house

of

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(c)AAThe 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)AAIf 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

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301.002(a)(1) shall preside.

who

is

entitled

to

organize

the

senate

under

Section

Sec.A301.004.AATEMPORARY OFFICERS; DUTIES [OF CLERK].

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(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.

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the chief clerk of the house of representatives for the previous

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session

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individual to act as temporary chief clerk. The presiding officer

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of

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officers necessary to ensure the organization of the legislature.

each

is

present,

house

of

the

the

secretary

legislature

of

state

shall

shall

appoint

appoint

any

If

that

temporary

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(b)AAUnder 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

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[alphabetical] order regardless of whether the secretary of state

of

the

appropriate

house

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[counties]

in

numerical

H.B.ANo.A4181

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has received the election returns for each district [county].

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(c)A[(b)]AAIf 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)A[(c)]AAAfter 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,

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senator-elect by an officer authorized by law to administer oaths.

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the

(e)AAAfter

official

the

oath

chief

shall

clerk

be

has

administered

called

the

to

each

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)AAThe presiding officer of each house shall ensure that a

journal of the proceedings of that house is kept.

Sec.A301.005.AALACK 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

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attend each day until a quorum appears and is qualified.

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of

the

senate

or

chief

clerk,

as

appropriate,

shall

SECTIONA2.AASection 301.006, Government Code, is amended by

adding Subsection (c) to read as follows:

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(c)AAAfter 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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SECTIONA3.AAThe

heading

to

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Subchapter

B,

Chapter

301,

H.B.ANo.A4181

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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]

SECTIONA4.AASection 301.014, Government Code, is amended to

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read as follows:

Sec.A301.014.AAPOWERS

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(a)

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its

jurisdiction

STANDING

COMMITTEES.

and

of

the

instrumentalities

of

government

administering or executing the matter;

(2)AAexamine the administration and execution of all

laws relating to matters within its jurisdiction;

(3)AAconduct

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OF

(1)AAconduct a continuing study of any matter within

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DUTIES

Each standing committee shall:

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AND

investigations

to

collect

adequate

information and materials necessary to perform its duties; and

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(4)AA[formulate legislative programs; and

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[(5)AAinitiate,

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appropriate

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necessary and desirable.

house

any

draft,

legislation

and]

the

recommend

committee

to

believes

the

is

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(b)AA[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

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enactment into law of committee proposals.

and

shall

mobilize

committee

efforts

to

secure

the

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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)A[(d)]AAA

standing

committee

is

not

limited

in

its

legislative endeavors to considering bills, resolutions, or other

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H.B.ANo.A4181

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proposals

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shall search for problems within its jurisdiction and develop,

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formulate,

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legislative solution the committee believes is desirable.

by

[initiate,]

individual

and

legislators.

recommend

[secure]

Each

committee

passage

of

any

SECTIONA5.AASection 301.015(b), Government Code, is amended

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submitted

to read as follows:

(b)AAWhen the legislature is not in session, each standing

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committee

shall

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business.

Each

as

committee

necessary

shall

to

meet

transact

in

Austin,

the

committee ¡¯s

except

that

if

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authorized

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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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SECTIONA6.AASections 301.016 and 301.017, Government Code,

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by

meet

rule

or

resolution

of

the

house

creating

the

are amended to read as follows:

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Sec.A301.016.AASPECIAL

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)AAA

special

committee

shall

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functions

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resolution creating the committee.

and

exercise

the

powers

perform

prescribed

the

by

duties

the

rule

and

or

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(c)AAExcept 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

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limitations of law.

or

resolution

creating

the

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committee,

subject

to

the

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