83R10280 JSA-D
By: Howard H.B. No. 2831
A BILL TO BE ENTITLED
AN ACT
relating to procedures for the house of representatives to convene
and conduct business when the legislature is not in session;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 301, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PROCEEDINGS WHEN LEGISLATURE NOT IN SESSION
Sec. 301.101. CONVENING HOUSE OF REPRESENTATIVES TO CONDUCT
HOUSE BUSINESS. (a) In this section, "house business" means any
activity of the house of representatives that does not require the
concurrence of or other action by the senate or the governor, and
includes:
(1) amending the rules of the house;
(2) removing or considering removal of the speaker of
the house; and
(3) electing a speaker if the office of speaker
becomes vacant.
(b) When the legislature or house of representatives is not
in session for other purposes, the house may be convened to transact
house business by:
(1) a proclamation of the speaker of the house or of
the speaker pro tempore; or
(2) a proclamation signed by a majority of the members
of the house.
(c) A proclamation must:
(1) state in general terms the reason for convening
the house;
(2) state a time for the house to convene on a
prescribed date that is not earlier than the 20th day or later than
the 30th day after the date the proclamation is filed; and
(3) be published in at least three daily newspapers of
general circulation in this state on or before the 15th day after
the date the proclamation is filed.
(d) To be effective, a proclamation must be filed with the
chief clerk of the house. The chief clerk shall promptly certify
that the proclamation has been filed and whether the proclamation
is signed by the number of house members required by Subsection
(b)(2).
(e) Not later than the 15th day after the date the
proclamation is filed, each member of the house who is present in
this state and accessible must be given a copy of the proclamation.
The copy must be delivered in person or by registered mail by or
under the direction of the officer or members who signed the
proclamation.
(f) If the reason stated in a proclamation to convene the
house filed under this section is to remove or consider removal of
the speaker, the names of the house members who sign the
proclamation are confidential until a majority of the members of
the house have signed the proclamation. A violation of this
subsection is a Class B misdemeanor.
(g) The house shall convene on the date specified in the
proclamation. When convened pursuant to a proclamation under this
section, the house may conduct any house business, including house
business the house may conduct when convened in legislative
session.
SECTION 2. 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, 2013.