Texas 2013 - 83rd 2nd C.S.

Texas Senate Bill SR71 Latest Draft

Bill / Enrolled Version

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                            By: Whitmire S.R. No. 71


 SENATE RESOLUTION
 BE IT RESOLVED BY THE SENATE OF THE STATE OF TEXAS:
 SECTION 1.  CAUCUS REPORT.  At a caucus held on July 19,
 2013, the caucus made the recommendations for the operation of
 the senate contained in this resolution.
 SECTION 2.  EMPLOYEES.  (a)  The lieutenant governor may
 employ the employees necessary for the operation of the office of
 the lieutenant governor from the closing of this session and
 until the convening of the next session. The lieutenant governor
 and the secretary of the senate shall be furnished postage,
 telegraph, telephone, express, and all other expenses incident
 to their respective offices.
 (b)  The secretary of the senate is the chief executive
 administrator and shall be retained during the interval between
 adjournment of this session and the convening of the next session
 of the legislature. The secretary of the senate may employ the
 employees necessary for the operation of the senate and to
 perform duties as may be required in connection with the business
 of the state from the closing of this session and until the
 convening of the next session.
 (c)  Each senator may employ secretarial and other office
 staff for the senator's office.
 (d)  The chairman of the administration committee is
 authorized to retain a sufficient number of staff employees to
 conclude the work of the enrolling clerk, calendar clerk, journal
 clerk, and sergeant-at-arms. The administration committee shall
 establish the salaries for the senate staff.
 SECTION 3.  SENATE OFFICERS.  (a)  The following elected
 officers of the 83rd Legislature shall serve for the interval
 between adjournment of this session and the convening of the next
 session of the legislature:
 (1)  Secretary of the Senate--Patsy Spaw;
 (2)  Calendar Clerk--Linda Tubbs;
 (3)  Doorkeeper--Austin Osborn;
 (4)  Enrolling Clerk--Patience Worrel;
 (5)  Journal Clerk--Polly Emerson; and
 (6)  Sergeant-at-Arms--Rick DeLeon.
 (b)  All employees and elected officers of the senate
 shall operate under the direct supervision of the secretary of
 the senate during the interim.
 (c)  Officers named in this section serve at the will of
 the senate.
 SECTION 4.  DUTIES OF CHAIRMAN OF ADMINISTRATION
 COMMITTEE.  (a)  The chairman of the administration committee
 shall place the senate chamber in order and purchase supplies and
 make all necessary repairs and improvements between the
 adjournment of this session and the convening of the next session
 of the legislature.
 (b)  The chairman shall make an inventory of all furniture
 and fixtures in the senate chamber and in the private offices of
 the members, as well as of the supplies and equipment on hand in
 the purchasing and supply department and shall close the books
 for the Regular Session of the 83rd Legislature.
 (c)  The chairman shall not acquire any equipment on a
 rental/purchase plan unless the equipment is placed on the senate
 inventory at the termination of the plan.
 (d)  The chairman shall examine records and accounts
 payable out of the contingent expense fund as necessary to
 approve all claims and accounts against the senate, and no claim
 or account shall be paid without the consent and approval of the
 chairman.
 (e)  The chairman and any member of the administration
 committee shall be entitled to receive actual and necessary
 expenses incurred during the interim.
 (f)  In addition to the duties of the administration
 committee expressly imposed by this resolution, the committee
 shall take actions necessary to ensure that the administrative
 operations of the senate comply with applicable law and are
 conducted effectively and efficiently.
 (g)  The chairman shall appoint a working group of the
 senate to study the Permanent Rules of the Senate of the 83rd
 Legislature and to make recommendations for changes to the rules
 to the Senate of the 84th Legislature.  The Parliamentarian,
 Karina Davis, and the Secretary of the Senate, Patsy Spaw, shall
 staff the working group and provide confidential and neutral
 advice to the chairman and members of the working group.  The
 working group shall study issues related to the proper
 functioning of the senate, including senate decorum, admission
 to the floor and gallery, consideration of ceremonial
 resolutions, filibusters, public hearings, executive sessions,
 and all other senate rules.
 SECTION 5.  JOURNAL.  (a)  The secretary of the senate
 shall have 225 volumes of the Senate Journal of the Second Called
 Session of the 83rd Legislature printed. Two hundred and
 twenty-five copies shall be bound in buckram and delivered to the
 secretary of the senate who shall forward one volume to each
 member of the senate, the lieutenant governor, and each member of
 the house of representatives on request.
 (b)  The printing of the journals shall be done in
 accordance with the provisions of this resolution under the
 supervision of the chairman of the administration committee. The
 chairman shall refuse to receive or receipt for the journals
 until corrected and published in accordance with the preexisting
 law as finally approved by the chairman of the administration
 committee. When the accounts have been certified by the chairman
 of the administration committee, the accounts shall be paid out
 of the contingent expense fund of the 83rd Legislature.
 SECTION 6.  PAYMENT OF SALARIES AND EXPENSES.
 (a)  Salaries and expenses authorized by this resolution shall
 be paid out of the per diem and contingent expense fund of the
 83rd Legislature as provided by this section.
 (b)  The senate shall request the comptroller of public
 accounts to issue general revenue warrants for:
 (1)  payment of the employees of the lieutenant
 governor's office, the lieutenant governor, members of the
 senate, employees of the senate committees, and employees of the
 senate, except as provided by Subchapter H, Chapter 660,
 Government Code, upon presentation of the payroll account signed
 by the chairman of the administration committee and the secretary
 of the senate; and
 (2)  the payment of materials, supplies, and
 expenses of the senate, including travel expenses for members and
 employees, upon vouchers signed by the chairman of the
 administration committee and the secretary of the senate.
 SECTION 7.  EXPENSE REIMBURSEMENT AND PER DIEM.  (a)  In
 furtherance of the legislative duties and responsibilities of
 the senate, the administration committee shall charge to the
 individual member's office budget:
 (1)  the reimbursement of all actual expenses
 incurred by the members when traveling in performance of
 legislative duties and responsibilities or incident to those
 duties; and
 (2)  the payment of all other reasonable and
 necessary expenses for the operation of the office of the
 individual senator during any period the legislature is not in
 session. Expenditures for these services by the administration
 committee are authorized as an expense of the senate and shall
 not be restricted to Austin but may be incurred in individual
 senatorial districts. Such expenses shall be paid from funds
 appropriated for the use of the senate on vouchers approved by
 the chairman of the administration committee and the secretary of
 the senate in accordance with regulations governing such
 expenditures.
 (b)  Each senator shall be permitted a payroll of $38,000
 per month to employ secretarial and other office staff and for
 intrastate travel expenses for staff employees. This payroll
 amount accrues on the first day of the month and may not be
 expended prior to the month in which it accrues, but any
 unexpended portion for a month may be carried forward from month
 to month until the end of the fiscal year. An unexpended amount
 remaining at the end of each fiscal year, not to exceed $10,000,
 may be carried forward to the next fiscal year.  Other expenses,
 including travel expenses or other reasonable and necessary
 expenses incurred in the furtherance and performance of
 legislative duties or in operation of the member's office or
 incident thereto, shall be provided in addition to the maximum
 salary authorized.
 (c)  The secretary of the senate may order reimbursement
 for legislative expenses consistent with this resolution and the
 establishment by the Texas Ethics Commission of per diem rates.
 (d)  Any member of the senate and the lieutenant governor
 are eligible to receive such reimbursement on application of the
 member or the lieutenant governor to the secretary of the senate.
 (e)  On the application of a member of the senate or the
 lieutenant governor, the applicant shall be entitled to
 reimbursement for legislative expenses for each legislative day.
 (f)  For purposes of this section, a legislative day
 includes each day of a regular or special session of the
 legislature, including any day the legislature is not in session
 for a period of four consecutive days or less, and all days the
 legislature is not in session if the senator or lieutenant
 governor attends a meeting of a joint, special, or legislative
 committee as evidenced by the official record of the body, and
 each day, limited to 12 days per month for non-chairs or 16 days
 per month for chairs and the lieutenant governor, the senator or
 the lieutenant governor, including those living within a 50-mile
 radius, is otherwise engaged in legislative business as
 evidenced by claims submitted to the chairman of the
 administration committee.
 SECTION 8.  MEMBER'S EMPLOYEE LEAVE POLICY. (a)  An
 employee of a senator accrues vacation leave, compensatory
 leave, or sick leave in accordance with policies adopted by the
 senator consistent with the requirements of this section.
 (b)  An employee may accrue vacation leave, compensatory
 leave, or sick leave only if the employee files a monthly time
 record with the senate human resources office. Time records are
 due not later than the 10th day of the following month.
 (c)  Compensatory time must be used not later than the
 last day of the 12th month following the month in which the time
 was accrued.
 (d)  An employee is not entitled to compensation for
 accrued but unused compensatory time.
 SECTION 9.  DESIGNATION FOR ATTENDANCE AT MEETINGS AND
 FUNCTIONS.  (a)  The lieutenant governor may appoint any member
 of the senate, the secretary of the senate, or any other senate
 employee to attend meetings of the National Conference of State
 Legislatures and other similar meetings. Necessary and actual
 expenses are authorized upon the approval of the chairman of the
 administration committee and the secretary of the senate.
 (b)  The lieutenant governor may designate a member of the
 senate to represent the senate at ceremonies and ceremonial
 functions. The necessary expenses of the senator and necessary
 staff for this purpose shall be paid pursuant to a budget
 approved by the administration committee.
 SECTION 10.  MEETINGS DURING INTERIM.  (a)   Each of the
 standing committees and subcommittees of the senate of the 83rd
 Legislature may continue to meet at such times and places during
 the interim as determined by such committees and subcommittees
 and to hold hearings, recommend legislation, and perform
 research on matters directed either by resolution, the
 lieutenant governor, or as determined by majority vote of each
 committee.
 (b)  Each continuing committee and subcommittee shall
 continue to function under the rules adopted during the
 legislative session where applicable.
 (c)  Expenses for the operation of these committees and
 subcommittees shall be paid pursuant to a budget prepared by each
 committee and approved by the administration committee.
 (d)  The operating expenses of these committees shall be
 paid from the contingent expense fund of the senate, and
 committee members shall be reimbursed for their actual expenses
 incurred in carrying out the duties of the committees.
 SECTION 11.  SENATE OFFICES.  Members not returning for
 the 84th Legislature shall vacate their senate offices by
 December 1, 2014.
 SECTION 12.  FURNISHING OF INFORMATION BY SENATE
 EMPLOYEE.  An employee of the senate may not furnish any
 information to any person, firm, or corporation other than
 general information pertaining to the senate and routinely
 furnished to the public.
 SECTION 13.  OUTSIDE EMPLOYMENT.  An employee of the
 senate may not be employed by and receive compensation from any
 other person, firm, or corporation during the employee's senate
 employment without the permission of the employee's senate
 employer.
 SECTION 14.  REMOVAL OF SENATE PROPERTY.  The secretary of
 the senate is specifically directed not to permit the removal of
 any of the property of the senate from the senate chamber or the
 rooms of the senate except as authorized by the chairman of the
 administration committee.
  ________________________________
  President of the Senate
  I hereby certify that the
  above Resolution was adopted by
  the Senate on July 19, 2013.
  ________________________________
  Secretary of the Senate