Texas 2009 - 81st Regular

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1	1	H.R. No. 3
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, That the following is adopted as the housekeeping resolution
7	7	for the House of Representatives of the 81st [80th] Legislature:
8	8	HOUSEKEEPING RESOLUTION FOR
9	9	THE HOUSE OF REPRESENTATIVES
10	10	OF THE TEXAS LEGISLATURE
11	11	TABLE OF CONTENTS
12	12	ARTICLE 1. GENERAL PROVISIONS 4
13	13	SECTION 1.01. PURPOSE 4
14	14	SECTION 1.02. PRECEDENCE 4
15	15	ARTICLE 2. SPEAKER OF THE HOUSE 4
16	16	SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 4
17	17	SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 4
18	18	SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
19	19	TRAINING SEMINARS 5
20	20	ARTICLE 3. GENERAL POWERS AND DUTIES OF THE COMMITTEE ON
21	21	HOUSE ADMINISTRATION 7
22	22	SECTION 3.01. CONTRACTS 7
23	23	SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS 7
24	24	SECTION 3.03. OPERATING POLICIES 7
25	25	SECTION 3.04. HOUSE POLICY MANUAL 7
26	26	SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING 7
27	27	SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; ASSIGNMENT
28	28	OF DESKS, OFFICES, AND PARKING SPACES 8
29	29	SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
30	30	COPIES OF LEGISLATIVE DOCUMENTS 9
31	31	SECTION 3.08. HONORARY CERTIFICATES 10
32	32	SECTION 3.09. COMPOSITE PHOTOGRAPH 10
33	33	SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING
34	34	MEMBERS 11
35	35	SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE 11
36	36	SECTION 3.12. HOUSE RECYCLING PROGRAM 12
37	37	ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES 12
38	38	SECTION 4.01. DEFINITION 12
39	39	SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
40	40	EMPLOYEES OF THE HOUSE 13
41	41	SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL 13
42	42	SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER 14
43	43	SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
44	44	ASSISTANCE 14
45	45	SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS 14
46	46	SECTION 4.07. COMPENSATION 14
47	47	SECTION 4.08. DUTIES 16
48	48	SECTION 4.09. APPEARANCE BEFORE COMMITTEES 16
49	49	SECTION 4.10. CHAMBER ACCESS 16
50	50	SECTION 4.11. VOTING 16
51	51	SECTION 4.12. VOTING RECORDS 16
52	52	SECTION 4.13. CAMPAIGN FOR SPEAKER 16
53	53	SECTION 4.14. POLITICAL INFLUENCE 16
54	54	SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
55	55	GIFTS 17
56	56	SECTION 4.16. DISCHARGE 17
57	57	SECTION 4.17. DURATION OF EMPLOYMENT 17
58	58	SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
59	59	COMMITTEE 18
60	60	SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS 18
61	61	ARTICLE 5. ACCOUNTING 19
62	62	SECTION 5.01. FUNDING OF OFFICE OPERATIONS 19
63	63	SECTION 5.02. OPERATING ACCOUNTS 19
64	64	SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS 20
65	65	SECTION 5.04. MONTHLY CREDIT 20
66	66	SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE 21
67	67	SECTION 5.05. ACCOUNT CLOSING [AND AUDIT] 22
68	68	SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED 22
69	69	SECTION 5.07. TRAVEL TO AUSTIN DURING SESSION NOT CHARGED TO
70	70	OPERATING ACCOUNT 23
71	71	SECTION 5.08. TRAVEL OUTSIDE TEXAS 23
72	72	SECTION 5.09. APPROVAL OF EXPENDITURES 23
73	73	ARTICLE 6. CAUCUSES 24
74	74	SECTION 6.01. DEFINITION 24
75	75	SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
76	76	FACILITIES 24
77	77	SECTION 6.03. CONTRIBUTIONS 26
78	78	SECTION 6.04. MEMBERSHIP AND OFFICER LISTS 26
79	79	SECTION 6.05. REPORT TO ETHICS COMMISSION 26
80	80	ARTICLE 7. HOUSE RESEARCH ORGANIZATION 26
81	81	SECTION 7.01. ESTABLISHMENT 26
82	82	SECTION 7.02. STEERING COMMITTEE 26
83	83	SECTION 7.03. BUDGET 26
84	84	ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM 27
85	85	SECTION 8.01. INTERIM COMMITTEE ACTIVITIES 27
86	86	SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
87	87	ADMINISTRATION DURING INTERIM 27
88	88	ARTICLE 1. GENERAL PROVISIONS
89	89	SECTION 1.01. PURPOSE. This resolution is adopted by the
90	90	members of the House of Representatives of the 81st [80th]
91	91	Legislature to provide for the efficient and orderly operation of
92	92	the house under the supervision of the speaker and the Committee on
93	93	House Administration.
94	94	SECTION 1.02. PRECEDENCE. The provisions of this
95	95	resolution take precedence over the provisions of any resolution
96	96	not passed in full compliance with the rules of the house and,
97	97	except as otherwise noted herein, shall be in effect during the full
98	98	term of the 81st [80th] Legislature whether in session or
99	99	adjournment.
100	100	ARTICLE 2. SPEAKER OF THE HOUSE
101	101	SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The
102	102	speaker may make any expenditures or transfers and perform any
103	103	function deemed necessary for the effective and efficient operation
104	104	of the house of representatives.
105	105	SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The
106	106	speaker's apartment and offices shall be set aside for the use of
107	107	the speaker, the speaker's family, and members, as the speaker may
108	108	designate, throughout the speaker's term of office.
109	109	(b) The Committee on House Administration may make the
110	110	necessary expenditures to operate and properly equip and service
111	111	the speaker's apartment and offices and may employ such help as may
112	112	be necessary to properly maintain and care for the apartment and
113	113	offices.
114	114	(c) The speaker and the speaker's family may occupy the
115	115	speaker's apartment during the speaker's term of office, utilizing
116	116	the services of employees of the house and others on a temporary
117	117	basis, if and as needed.
118	118	(d) The speaker may obtain through the Committee on House
119	119	Administration the necessary supplies and services to operate the
120	120	speaker's office and may also have paid through that committee
121	121	necessary local and long distance telephone charges.
122	122	SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
123	123	TRAINING SEMINARS. (a) The speaker may attend any meetings of or
124	124	sponsored by the Council of State Governments and any meetings on
125	125	problems of federal-state relations and interstate relations and
126	126	cooperation, and any other governmental meeting in or outside the
127	127	state.
128	128	(b) The speaker may appoint members of the house, staff
129	129	members, and other employees of the house to accompany or
130	130	represent the speaker at these meetings or to attend in-service
131	131	training courses sponsored by the Council of State Governments or
132	132	the National Conference of State Legislatures or similar training
133	133	courses, conferences, or seminars as the speaker may determine.
134	134	(c) Members of the house attending meetings under this
135	135	section while the legislature is in session may be reimbursed for
136	136	actual and necessary expenses. Members of the house attending
137	137	meetings under this section while the legislature is not in session
138	138	and staff members and other employees of the house attending
139	139	meetings at any time under this section may be reimbursed for either
140	140	actual and necessary expenses or receive a per diem not to exceed
141	141	that provided by law for state officials or state employees. In
142	142	addition, members, staff, and other employees attending meetings
143	143	under this section may be reimbursed for mileage or other
144	144	transportation expenses at the same rate as provided by law for
145	145	state officials or state employees together with registration fees
146	146	and tuition. To receive payment under this subsection, sworn
147	147	expense accounts must be filed with and approved by the chair of the
148	148	Committee on House Administration or an officer of the house
149	149	designated in writing by the Committee on House Administration.
150	150	Prior written approval of the chair of the Committee on House
151	151	Administration to attend any such meetings, conferences, seminars,
152	152	or training courses is a prerequisite for reimbursement for travel
153	153	and other related expenses.
154	154	(d) Reimbursement for expenses incurred by a member, staff
155	155	member, or employee of the house in an appointive capacity
156	156	resulting from an appointment made by anyone other than the speaker
157	157	shall be made only in the event that the appointment and expenses to
158	158	be incurred have been previously approved in writing by the
159	159	Committee on House Administration.
160	160	(e) The speaker may expend money for memberships in
161	161	interstate associations of legislators considered necessary to
162	162	discharge properly the duties and responsibilities of the office of
163	163	speaker.
164	164	ARTICLE 3. GENERAL POWERS AND DUTIES OF THE
165	165	COMMITTEE ON HOUSE ADMINISTRATION
166	166	SECTION 3.01. CONTRACTS. The Committee on House
167	167	Administration shall approve all contracts necessary for the
168	168	effective operation of the divisions of the house and its
169	169	committees.
170	170	SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The
171	171	Committee on House Administration shall consider and adopt
172	172	operating budgets that cover both session and interim periods for
173	173	the divisions of the house and all committees appointed pursuant to
174	174	the resolution adopting the rules of the house or appointed by the
175	175	speaker pursuant to any other resolution.
176	176	SECTION 3.03. OPERATING POLICIES. The Committee on House
177	177	Administration shall effectuate policies and determine guidelines
178	178	for the operation of the divisions and committees of the house.
179	179	SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House
180	180	Administration shall prepare and distribute to all members, within
181	181	60 days after the convening of the regular session, policy
182	182	statements to include, but not be limited to, policies pertaining
183	183	to members as a class.
184	184	SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The
185	185	Committee on House Administration shall:
186	186	(1) provide and maintain for the use of the speaker,
187	187	members, employees, divisions, and committees of the house such
188	188	stationery, stamps, office equipment, furniture, fixtures,
189	189	supplies, and telephone and other services as may be necessary;
190	190	(2) keep an itemized account of the quantity and cost
191	191	of every kind of material received, and the source from which it was
192	192	received;
193	193	(3) maintain an annual operating account for each
194	194	member, division, and committee authorized by the Committee on
195	195	House Administration to make expenditures and charge each operating
196	196	account with daily expenditures, withdrawals from inventory, and
197	197	interdepartmental services;
198	198	(4) furnish a monthly statement for the expenditures
199	199	of each member, division, and committee of the house; and
200	200	(5) adopt any rules, regulations, and policies
201	201	necessary to effectively provide and account for the
202	202	above-mentioned services.
203	203	SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES;
204	204	ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The
205	205	Committee on House Administration shall:
206	206	(1) be in charge of and provide for the protection,
207	207	maintenance, and use of the hall of the house, all committee rooms,
208	208	offices of members and house departments, the speaker's office and
209	209	apartment, and other space under the jurisdiction of the house;
210	210	(2) make permanent assignments of desks and offices to
211	211	members of the house;
212	212	(3) adopt and enforce a plan for the parking of motor
213	213	vehicles on the portion of the Capitol grounds under house
214	214	jurisdiction;
215	215	(4) be in charge of and provide for the protection,
216	216	maintenance, and use of the furniture, fixtures, equipment, and
217	217	records of the house;
218	218	(5) purchase, remodel, repair, restore, or replace any
219	219	furniture, fixtures, equipment, and other furnishings to maintain
220	220	the dignity and appearance of space occupied by the house; and
221	221	(6) determine the hours the hall of the house shall be
222	222	open to visitors.
223	223	(b) Any member who is not a member-elect of the 82nd [81st]
224	224	Legislature shall vacate the member's office space before December
225	225	1, 2010 [2008]. If the office is not vacated on that date, the
226	226	Committee on House Administration shall immediately remove the
227	227	member's personal effects and store them in an appropriate place in
228	228	order that the member-elect to whom the office space is assigned may
229	229	move in. The Committee on House Administration shall ensure that
230	230	each member-elect of the 82nd [81st] Legislature who was not a
231	231	member of the 81st [80th] Legislature is permitted to move into and
232	232	begin using the member-elect's office space at least 72 [48] hours
233	233	before the time the 82nd [81st] Legislature is scheduled to
234	234	convene.
235	235	SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
236	236	COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House
237	237	Administration shall:
238	238	(1) have completed and preserved the official records
239	239	of the house;
240	240	(2) have charge of and approve the operation and
241	241	maintenance of the printing and duplicating facilities of the
242	242	house, provided, however, that the use of the house printing and
243	243	duplicating facilities is restricted to agencies of the legislative
244	244	branch and any other operation thereof is strictly prohibited
245	245	unless previously authorized in writing by the Committee on House
246	246	Administration or an officer of the house designated in writing by
247	247	the speaker;
248	248	(3) determine the number of copies of the daily House
249	249	Journal to be printed and have jurisdiction over the mailing and
250	250	distribution of the daily journal; and
251	251	(4) determine the number of copies of the House
252	252	Journal that will be furnished to each member for distribution by
253	253	the member.
254	254	(b) The employee in charge of the printing facilities must
255	255	keep at least one copy of all items printed or duplicated and a copy
256	256	of the work order authorizing such printing.
257	257	(c) Copies of bills, resolutions, and attachments thereto
258	258	shall be made available free of charge to members of the house who
259	259	call at the bill distribution office and request them, and the cost
260	260	of these copies shall be paid from funds appropriated for that
261	261	purpose by the legislature. If the Committee on House
262	262	Administration finds gross abuse of this privilege, it may
263	263	establish a policy regarding such distribution.
264	264	SECTION 3.08. HONORARY CERTIFICATES. The Committee on
265	265	House Administration shall provide for the use of members
266	266	appropriate certificates to commend, congratulate, and
267	267	memorialize. Such certificates shall be printed with a signature
268	268	line for the name of the presenting member and adequate space for
269	269	insertion of the name of the individual or organization to be
270	270	honored.
271	271	SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on
272	272	House Administration shall select a suitable photographer to take
273	273	individual photographs of each member. The photographer shall
274	274	prepare a composite photograph of the members of the house composed
275	275	of the individual photographs of each member arranged on a panel, of
276	276	the same size as used in previous sessions, in such manner as to
277	277	approximate the location of each member's desk on the house floor.
278	278	The member's name and the county of residence shall be printed under
279	279	the member's photograph, and the composite shall be framed and hung
280	280	in the hall of the house during the regular session.
281	281	(b) The photographs for the composite panel shall be
282	282	provided without cost to the members, and the expense of the
283	283	composite panel shall be paid from the expense fund of the house.
284	284	(c) The Committee on House Administration shall establish,
285	285	with concurrence of the photographer, a price to charge members for
286	286	any prints of photographs they wish to purchase.
287	287	SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS.
288	288	If a person is serving as a temporary acting member of the house
289	289	under Section 72, Article XVI, Texas Constitution, in the place of a
290	290	house member on active military duty, the Committee on House
291	291	Administration, with the approval of the speaker and in
292	292	consultation with the temporary acting member and, if available,
293	293	the member on military duty, may adopt policies regarding a
294	294	temporary acting member that the committee considers necessary for
295	295	the efficient administration and performance of the duties of the
296	296	house consistent with this resolution, the rules of the house, and
297	297	the Texas Constitution.
298	298	SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. (a)
299	299	The Committee on House Administration shall display the motto "In
300	300	God We Trust" on the electronic message screen at the front of the
301	301	hall of the house.
302	302	(b) The motto shall be large enough to be read throughout
303	303	the hall.
304	304	(c) The motto shall be displayed at all times that the
305	305	electronic message screen is not being used to conduct legislative
306	306	business during a session of the house and shall be at least as
307	307	prominent as any other information displayed on the electronic
308	308	message screen.
309	309	(d) The Committee on House Administration shall convey to
310	310	the State Preservation Board the request of the house of
311	311	representatives to permanently display the motto on the face of the
312	312	white portion of the portico located over the speaker's podium and
313	313	beneath the electronic message screen at the front of the hall of
314	314	the house and provide any assistance to the State Preservation
315	315	Board in this matter.
316	316	SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on
317	317	House Administration, in coordination with the State Preservation
318	318	Board, shall implement a program for recycling paper, plastic, and
319	319	other recyclable materials from house offices.
320	320	ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES
321	321	SECTION 4.01. DEFINITION. Unless expressly provided
322	322	otherwise, in this article "employee" means any person compensated
323	323	from funds appropriated to the house. The term includes persons for
324	324	whom the employing authority is the speaker, the Committee on House
325	325	Administration, an individual member, or a committee.
326	326	SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
327	327	EMPLOYEES OF THE HOUSE. (a) The officers of the house and the
328	328	employees of the house responsible for supervising the departments
329	329	and divisions that support the operation of the house shall be
330	330	appointed by and serve at the pleasure of the speaker.
331	331	(b) The speaker shall have the right to discharge any
332	332	officer or supervisory administrative employee when the best
333	333	interest of the house of representatives would be served by so
334	334	doing.
335	335	(c) The authority to appoint and discharge officers and
336	336	supervisory administrative employees may be delegated to the
337	337	Committee on House Administration to the extent and for the length
338	338	of time the speaker determines.
339	339	(d) In the event of the absence, resignation, or death of
340	340	any officer or supervisory administrative employee the speaker may
341	341	designate a person to take charge of and attend to all the duties of
342	342	the office affected until the officer returns or until a successor
343	343	is chosen.
344	344	SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The
345	345	Committee on House Administration shall employ all personnel
346	346	necessary for the operation of the house other than:
347	347	(1) those appointed under Section 4.02; or
348	348	(2) employees of an individual member or committee.
349	349	(b) For purposes of this article, the Committee on House
350	350	Administration is the employing authority for all house employees
351	351	other than those for whom the employing authority is the speaker, an
352	352	individual member, or a committee.
353	353	SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may
354	354	employ, with funds from the member's operating budget, such staff
355	355	as the member deems necessary.
356	356	SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
357	357	ASSISTANCE. (a) The Committee on House Administration shall
358	358	provide funds for the adequate staffing of all committees appointed
359	359	by the speaker.
360	360	(b) Select committees, interim study committees, standing
361	361	committees, or subcommittees appointed pursuant to the resolution
362	362	adopting the rules of the house or appointed by the speaker pursuant
363	363	to any other resolution may employ any person, firm, or
364	364	corporation, subject to budget limitations. Those committees or
365	365	subcommittees may ask the assistance of any of the employees,
366	366	agencies, departments, or branches of the state government.
367	367	SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE
368	368	OPERATIONS. (a) An employee shall be on duty on the days and hours
369	369	determined by the employing authority.
370	370	(b) All offices of the departments and divisions that
371	371	support the operations of the house shall be open on days and hours
372	372	determined by the Committee on House Administration or the speaker
373	373	and other hours that the house or its committees are in session.
374	374	SECTION 4.07. COMPENSATION. (a) Officers and supervisory
375	375	administrative employees of the house shall receive the
376	376	compensation that the speaker or Committee on House Administration
377	377	determines.
378	378	(b) The Committee on House Administration shall fix the
379	379	compensation of house personnel employed under Section 4.03. A
380	380	person employed under that section who is absent without leave
381	381	shall not receive compensation for the time missed.
382	382	(c) The salaries of employees of individual members,
383	383	committees, and the house shall begin when they are instructed to
384	384	start work by their respective employing authority.
385	385	(d) Except as provided by Subsections [Subsection] (e) and
386	386	(f) of this section, an employee of an individual member, a
387	387	committee employee, or any person, firm, or corporation employed by
388	388	a committee or subcommittee may not be paid a salary in excess of
389	389	$4,200 [$4,017] for any one month.
390	390	(e) A member may additionally exempt one employee of the
391	391	individual member and, if the member is a chair of a standing or
392	392	select committee, one employee of the standing or select committee
393	393	the member chairs from the salary cap imposed by Subsection (d) of
394	394	this section. Each calendar year the member shall file with the
395	395	Committee on House Administration a statement designating the
396	396	exempt employee. During a calendar year after an exempt employee
397	397	has been designated, the member may exempt a different employee
398	398	from the salary cap only if the employee previously designated as
399	399	exempt for the calendar year is no longer employed by the member or
400	400	committee, as appropriate. The exempt employee may not receive
401	401	compensation from the operating account of any other committee or
402	402	member.
403	403	(f) The Committee on House Administration may increase the
404	404	amount of the salary cap imposed by Subsection (d) of this section
405	405	to account for any increase in salary provided to all state
406	406	employees during the biennium that begins during the term of the
407	407	legislature to which this resolution applies.
408	408	SECTION 4.08. DUTIES. An employee shall perform all duties
409	409	directed by the employing authority.
410	410	SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee
411	411	may appear before a standing or select committee on a measure when
412	412	granted permission by majority vote of the committee.
413	413	SECTION 4.10. CHAMBER ACCESS. (a) An employee may not
414	414	enter the house chamber when the house is in session except when
415	415	performing official duties and specifically authorized by the
416	416	Committee on House Administration.
417	417	(b) An employee may not enter the area on the floor of the
418	418	house enclosed by the railing when the house is in session except
419	419	when specifically authorized by the Committee on House
420	420	Administration.
421	421	SECTION 4.11. VOTING. An employee may not cast a vote for a
422	422	member on the voting machine or otherwise.
423	423	SECTION 4.12. VOTING RECORDS. An employee may not compile
424	424	or release any information concerning the voting record of any
425	425	member of the house for any session of the legislature except when a
426	426	member requests information about that member's personal voting
427	427	record or when the information is for the journal or other official
428	428	records.
429	429	SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not
430	430	campaign or assist in the campaign of any candidate for speaker.
431	431	SECTION 4.14. POLITICAL INFLUENCE. An employee may not
432	432	attempt to, or aid anyone in an attempt to, influence any member of
433	433	the house in favor of or against any measure pending before the
434	434	legislature, either directly or indirectly, except when answering
435	435	questions or giving information at the request of a member of the
436	436	house.
437	437	SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
438	438	GIFTS. An employee may not receive, directly or indirectly, any
439	439	compensation, by gift or otherwise, from any other source, unless
440	440	specifically authorized by the employing authority.
441	441	SECTION 4.16. DISCHARGE. (a) An employee is subject to
442	442	immediate discharge by the employing authority for violation of any
443	443	section of this article or any other applicable rule.
444	444	(b) The Committee on House Administration shall dispense
445	445	with the services of any person employed under Section 4.03 who is
446	446	not needed or who is guilty of misconduct.
447	447	(c) An individual member or chair of a committee employing
448	448	an employee who violates any applicable section of this article or
449	449	any rule shall be advised of the violation by the Committee on House
450	450	Administration, and the employing authority shall take appropriate
451	451	action with regard to the employee in question.
452	452	(d) The Committee on House Administration may conduct an
453	453	investigation into allegations of gross misconduct and may
454	454	discharge or otherwise discipline an employee of an individual
455	455	member or committee if the committee finds that the employee has
456	456	engaged in gross misconduct.
457	457	SECTION 4.17. DURATION OF EMPLOYMENT. The period of
458	458	employment of all employees shall be determined by the employing
459	459	authority, except that employees of all committees and of
460	460	individual members who are not members-elect of the next
461	461	legislature shall be terminated not later than noon on the day of
462	462	the convening of the next regular session.
463	463	SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
464	464	COMMITTEE. (a) Members may join in the employment of a research
465	465	assistant or assistants to be paid jointly from their operating
466	466	budgets. Unless expressly authorized by the provisions of this
467	467	resolution, the members who join together to sponsor such research
468	468	shall not constitute a committee, task force, or group to operate in
469	469	any official or quasi-official manner not specifically authorized
470	470	under the Rules of the House of Representatives.
471	471	(b) No person, firm, or corporation may be employed by more
472	472	than two committees or subcommittees.
473	473	SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job
474	474	title for each position shall be determined by the employing
475	475	authority. The employing authority and the house business office
476	476	shall classify each job title for accounting purposes according to
477	477	the following position classifications, unless otherwise
478	478	determined by the Committee on House Administration:
479	479	(a) Member Employees
480	480	1. Chief of Staff [Administrative Assistant]
481	481	2. General Counsel [Legislative Aide]
482	482	3. Legislative Director [Administrative
483	483	Secretary]
484	484	4. Legislative Assistant [Secretary]
485	485	5. Administrative Assistant [Clerk]
486	486	6. Special Project Coordinator
487	487	7. Intern
488	488	(b) Committee Employees
489	489	1. Committee General Counsel
490	490	2. Chief Committee Clerk
491	491	3. Committee Clerk
492	492	[4. Committee Secretary]
493	493	(c) Research Employees
494	494	1. Research Director
495	495	2. Research Assistant
496	496	3. Policy Analyst [Research Secretary]
497	497	ARTICLE 5. ACCOUNTING
498	498	SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each
499	499	member of the house shall be allocated funds for staff, office
500	500	supplies, office equipment, postage, printing, telephone, travel,
501	501	and such other reasonable and necessary office expenses as may be
502	502	determined by the Committee on House Administration.
503	503	(b) The manner in which funds are allocated, and the amounts
504	504	thereof, are as provided by this article.
505	505	SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who
506	506	served in the 80th [79th] Legislature shall have the following
507	507	operating accounts for the 81st [80th] Legislature:
508	508	(1) a Fiscal Year Nine [Seven] Operating Account
509	509	(September 1, 2008 [2006], through August 31, 2009 [2007]);
510	510	(2) a Fiscal Year Ten [Eight] Operating Account
511	511	(September 1, 2009 [2007], through August 31, 2010 [2008]); and
512	512	(3) a Fiscal Year Eleven [Nine] Operating Account
513	513	(September 1, 2010 [2008], through January 11, 2011 [13, 2009]).
514	514	(b) Each member who did not serve in the 80th [79th]
515	515	Legislature shall have the following operating accounts for the
516	516	81st [80th] Legislature:
517	517	(1) a Fiscal Year Nine [Seven] Operating Account
518	518	(January 13, 2009 [9, 2007], through August 31, 2009 [2007]);
519	519	(2) a Fiscal Year Ten [Eight] Operating Account
520	520	(September 1, 2009 [2007], through August 31, 2010 [2008]); and
521	521	(3) a Fiscal Year Eleven [Nine] Operating Account
522	522	(September 1, 2010 [2008], through January 11, 2011 [13, 2009]).
523	523	(c) For each member who served in the 80th [79th]
524	524	Legislature, it shall not be necessary to close the member's Fiscal
525	525	Year Nine [Seven] Operating Account when the 81st [80th]
526	526	Legislature convenes.
527	527	SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each
528	528	member who did not serve in the 80th [79th] Legislature may have
529	529	credited to the member's Fiscal Year Nine [Seven] Operating Account
530	530	the amount of $2,000.
531	531	SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating
532	532	account shall be credited with $13,250 [$11,750] for each month
533	533	that falls wholly or partly during the regular legislative session.
534	534	In any other month, each member's operating account shall be
535	535	credited with $12,250, except that [Beginning September 1, 2007,]
536	536	the Committee on House Administration may increase the amount
537	537	credited to each member's operating account [for each month] to an
538	538	amount not to exceed $13,250 [$12,250].
539	539	(b) The Committee on House Administration may provide to the
540	540	dean and the speaker pro tempore of the house additional funds as
541	541	may be determined to be necessary for the duties of those offices to
542	542	be fulfilled.
543	543	(c) The Committee on House Administration may increase the
544	544	amount credited each month to each member's operating account in an
545	545	amount to allow for an increase in:
546	546	(1) the salary cap as provided by Section 4.07(f); or
547	547	(2) longevity pay as authorized by legislation.
548	548	SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE.
549	549	(a) On the third business day of each calendar month, the House
550	550	Business Office shall determine the available, unobligated balance
551	551	at the end of the preceding calendar month for each member's
552	552	operating account and each committee operating account. If the
553	553	House Business Office determines that a member's operating account
554	554	has a negative balance at the end of the preceding calendar month,
555	555	the office shall provide notice to the member and the member shall
556	556	deposit funds in the account equal to the negative balance not later
557	557	than the 10th business day after the date the member receives notice
558	558	of the deficit from the House Business Office; provided, however,
559	559	that if a member deposits funds in the member's operating account to
560	560	cover a negative balance under this subsection and the member later
561	561	has a positive balance in the member's operating account at the end
562	562	of a calendar month, the member may use the excess money in the
563	563	member's operating account at that time to reimburse the member in
564	564	an amount not to exceed the amount the member earlier deposited to
565	565	cover the negative balance.
566	566	(b) A committee operating account may not operate at a
567	567	deficit.
568	568	(c) If a member is not a member-elect of the 82nd
569	569	Legislature, the member's operating account may not operate at a
570	570	deficit after November 30, 2010.
571	571	SECTION 5.05. ACCOUNT CLOSING [AND AUDIT]. (a) Each
572	572	member's Fiscal Year Nine [Seven] Operating Account shall be closed
573	573	as of August 31, 2009 [2007, and a final audit shall be conducted as
574	574	soon thereafter as possible].
575	575	(b) Each member may carry forward and have credited to the
576	576	member's Fiscal Year Ten [Eight] Operating Account the unexpended
577	577	balance of the member's Fiscal Year Nine [Seven] Operating Account,
578	578	not to exceed $25,000 [$15,000]. If the member is the chair of a
579	579	committee, the member may transfer and have credited to that
580	580	committee's operating account all or part of that $25,000 and may
581	581	have the remainder of that $25,000 credited to the member's Fiscal
582	582	Year Ten Operating Account.
583	583	(c) Each member's Fiscal Year Ten [Eight] Operating Account
584	584	shall be closed as of August 31, 2010 [2008, and a final audit shall
585	585	be conducted as soon thereafter as possible].
586	586	(d) Each member may carry forward and have credited to the
587	587	member's Fiscal Year Eleven [Nine] Operating Account the unexpended
588	588	balance of the member's Fiscal Year Ten [Eight] Operating Account,
589	589	not to exceed $25,000 [$15,000]. If the member is the chair of a
590	590	committee, the member may transfer and have credited to that
591	591	committee's operating account all or part of that $25,000 and may
592	592	have the remainder of that $25,000 credited to the member's Fiscal
593	593	Year Eleven Operating Account.
594	594	SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All
595	595	expenditures shall be charged to the period in which they are
596	596	encumbered.
597	597	SECTION 5.07. TRAVEL TO AUSTIN DURING SESSION NOT CHARGED
598	598	TO OPERATING ACCOUNT. While the legislature is in session, the
599	599	travel expenses of members for one trip each week between Austin and
600	600	their districts and return shall not be charged against the
601	601	members' operating accounts but shall be paid from funds
602	602	appropriated for that purpose by the legislature.
603	603	SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to
604	604	be reimbursed for actual and necessary expenses incurred while
605	605	traveling outside Texas in the performance of legislative duties
606	606	and responsibilities. If the reimbursement is for travel inside
607	607	the conterminous United States, reimbursement is limited to twice
608	608	the amount that would be reimbursed state employees for the same
609	609	travel under the comptroller's guidelines and rates governing
610	610	travel by state employees [State of Texas Travel Allowance Guide].
611	611	SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance
612	612	included in this resolution shall be expended except for actual
613	613	salaries or actual expenses of the house, its members, departments,
614	614	committees, and employees and for such other expenses as are
615	615	authorized by the Committee on House Administration.
616	616	(b) The Committee on House Administration may not authorize
617	617	any expenditures of funds for personal or political campaign
618	618	reasons.
619	619	(c) All expenditures authorized by this resolution shall be
620	620	paid from funds appropriated for the use of the house of
621	621	representatives by vouchers or other forms approved by the speaker
622	622	of the house and the Committee on House Administration.
623	623	ARTICLE 6. CAUCUSES
624	624	SECTION 6.01. DEFINITION. In this article, "caucus" means
625	625	an organization that is composed exclusively of members of the
626	626	legislature, that elects or appoints officers and recognizes
627	627	identified legislators as members of the organization, and that
628	628	exists for research and other support of policy development and
629	629	interests that the membership holds in common. An organization
630	630	whose only nonlegislator members are the lieutenant governor or the
631	631	governor remains a "caucus" for purposes of this section.
632	632	SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
633	633	FACILITIES. (a) Except as expressly authorized by this section,
634	634	funds appropriated to the house may not be expended in support of a
635	635	caucus, employees compensated from funds appropriated to the house
636	636	may not perform caucus activities, and state-owned equipment and
637	637	facilities may not be used in the performance of caucus activities.
638	638	(b) [A person who is a caucus employee may not also be an
639	639	employee of an individual member or a committee and may not be
640	640	compensated for any purpose from funds appropriated to the house of
641	641	representatives.
642	642	[(c)] An individual member of the house may authorize the
643	643	use of state equipment assigned to the member's office and the
644	644	performance of caucus activities by an employee of the member only
645	645	if:
646	646	(1) the member determines that the activities support
647	647	the member's official duties;
648	648	(2) the caucus does not endorse or support a candidate
649	649	for public office; and
650	650	(3) [the caucus complies with the open meetings law
651	651	(Chapter 551, Government Code) and public information law (Chapter
652	652	552, Government Code) as a governmental body; and
653	653	[(4)] the caucus does not accept contributions from
654	654	nonmembers that are required by law to be reported to the Texas
655	655	Ethics Commission.
656	656	(c) [(d)] A caucus may use the meeting rooms of the Capitol
657	657	and Capitol extension to conduct meetings of the caucus membership
658	658	or to host public forums on matters of interest to the caucus.
659	659	(d) [(e)] An individual member may [not] house, in the state
660	660	office space assigned to the member, caucus employees or equipment
661	661	owned by a caucus. A member may retain in the member's office a
662	662	telephone, facsimile machine, or computer owned by the caucus for
663	663	purposes of the member's communication with the caucus or caucus
664	664	employees.
665	665	[(f) This section does not prohibit a member of the house
666	666	from employing a person who at the same time is receiving a stipend
667	667	from a caucus, or a nonprofit corporation affiliated with a caucus,
668	668	if:
669	669	[(1) the employment is in connection with an
670	670	internship program associated with an institution of higher
671	671	education for which the person receiving the stipend is receiving
672	672	course credit;
673	673	[(2) the person is employed by the house member for not
674	674	more than six months; and
675	675	[(3) the person has not previously participated in an
676	676	internship program for which a caucus or nonprofit corporation
677	677	affiliated with a caucus has provided a stipend.]
678	678	SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf
679	679	of a caucus may not knowingly accept a contribution in violation of
680	680	Section 253.0341, Election Code.
681	681	(b) A person acting on behalf of a caucus may not knowingly
682	682	accept, and shall refuse a contribution that is received, in the
683	683	Capitol.
684	684	SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus
685	685	shall provide to the chief clerk, on a regular basis, a list of its
686	686	current membership and officers.
687	687	SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus
688	688	shall file a report of contributions and expenditures with the
689	689	Texas Ethics Commission as required by Section 254.0311, Election
690	690	Code.
691	691	ARTICLE 7. HOUSE RESEARCH ORGANIZATION
692	692	SECTION 7.01. ESTABLISHMENT. The Committee on House
693	693	Administration shall provide operating funds for a house research
694	694	organization that will be an administrative department of the house
695	695	and may for that purpose adopt policies and procedures relating to
696	696	the administrative operation of that organization.
697	697	SECTION 7.02. STEERING COMMITTEE. The functions and duties
698	698	performed by the house research organization shall be governed by a
699	699	15-member steering committee composed of house members serving
700	700	staggered four-year terms, who are subject to approval of the house
701	701	membership.
702	702	SECTION 7.03. BUDGET. The house research organization
703	703	shall have an operating account and in compliance with the terms of
704	704	its establishment shall operate under a budget approved by the
705	705	steering committee and the Committee on House Administration.
706	706	ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM
707	707	SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant
708	708	to the Legislative Reorganization Act of 1961 (Subchapter B,
709	709	Chapter 301, Government Code), standing committees of the house
710	710	established by the rules of the house may hold meetings while the
711	711	legislature is not in session.
712	712	(b) The speaker may grant authority to select committees,
713	713	interim study committees, subcommittees, or standing committees of
714	714	the house to hold meetings while the legislature is not in session
715	715	as the speaker considers necessary and desirable to conduct the
716	716	business of the house and to assist the speaker in conducting the
717	717	business of the house, under a pattern of operation and
718	718	restrictions determined by the rules of the house.
719	719	(c) The committee members and employees may either be
720	720	reimbursed for actual and necessary expenses or receive a per diem
721	721	not to exceed that provided by law for state officials or state
722	722	employees, along with mileage or other transportation expenses at
723	723	the same rate as provided by law for state officials or state
724	724	employees when conducting such business and attending those
725	725	meetings when approved by the Committee on House Administration.
726	726	SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
727	727	ADMINISTRATION DURING INTERIM. (a) When the legislature is not in
728	728	session, the Committee on House Administration may act as provided
729	729	by this section.
730	730	(b) The committee may call meetings for the transaction of
731	731	necessary business, and the committee members shall be reimbursed
732	732	for expenses incurred by them when attending such meetings or when
733	733	in performance of their duties as members of the Committee on House
734	734	Administration, the reimbursement to be either actual and necessary
735	735	expenses or a per diem not to exceed that provided by law for state
736	736	officials or state employees, along with mileage or other
737	737	transportation expenses at the same rate as provided by law for
738	738	state officials or state employees.
739	739	(c) The committee may reimburse authorized members and
740	740	employees for expenses incurred by them when traveling in the
741	741	performance of their legislative duties and responsibilities
742	742	within their respective districts or within any county in which any
743	743	part of their districts lie or from their districts to the State
744	744	Capitol, the reimbursement to be either actual and necessary
745	745	expenses or a per diem not to exceed that provided by law for state
746	746	officials or state employees, along with mileage or other
747	747	transportation expenses at the same rate as provided by law for
748	748	state officials or state employees.
749	749	(d) The committee may pay for all other reasonable and
750	750	necessary expenses, including operation of each member's district
751	751	office, incurred by the members of the house of representatives.
752	752	The expenses shall be paid from funds appropriated for that
753	753	purpose, or any other funds appropriated for the use of the house of
754	754	representatives, on vouchers or other forms approved by the chair
755	755	of the Committee on House Administration, in accordance with
756	756	regulations governing such expenditures.
757	757	(e) The committee may assign or reassign parking places in
758	758	the best interest of the house under such terms and conditions as
759	759	the committee deems necessary.
760	760	Geren
761	761	Dunnam
762	762	______________________________
763	763	Speaker of the House
764	764	I certify that H.R. No. 3 was adopted by the House on January
765	765	15, 2009, by the following vote: Yeas 128, Nays 11, 1 present, not
766	766	voting.
767	767	______________________________
768	768	Chief Clerk of the House