94 | 94 | | ARTICLE 1. GENERAL PROVISIONS |
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95 | 95 | | SECTION 1.01. PURPOSE. This resolution is adopted by the |
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96 | 96 | | members of the House of Representatives of the 85th [84th] |
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97 | 97 | | Legislature to provide for the efficient and orderly operation of |
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98 | 98 | | the house under the supervision of the speaker and the Committee on |
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99 | 99 | | House Administration. |
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100 | 100 | | SECTION 1.02. PRECEDENCE. The provisions of this |
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101 | 101 | | resolution take precedence over the provisions of any resolution |
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102 | 102 | | not passed in full compliance with the rules of the house and, |
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103 | 103 | | except as otherwise noted herein, shall be in effect during the full |
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104 | 104 | | term of the 85th [84th] Legislature whether in session or |
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105 | 105 | | adjournment. |
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106 | 106 | | ARTICLE 2. SPEAKER OF THE HOUSE |
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107 | 107 | | SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The |
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108 | 108 | | speaker may make any expenditures or transfers and perform any |
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109 | 109 | | function deemed necessary for the effective and efficient operation |
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110 | 110 | | of the house of representatives. |
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111 | 111 | | SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The |
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112 | 112 | | speaker's apartment and offices shall be set aside for the use of |
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113 | 113 | | the speaker, the speaker's family, and house members, as the |
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114 | 114 | | speaker may designate, throughout the speaker's term of office. |
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115 | 115 | | (b) The Committee on House Administration may make the |
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116 | 116 | | necessary expenditures to operate and properly equip and service |
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117 | 117 | | the speaker's apartment and offices and may employ such help as may |
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118 | 118 | | be necessary to properly maintain and care for the apartment and |
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119 | 119 | | offices. |
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120 | 120 | | (c) The speaker and the speaker's family may occupy the |
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121 | 121 | | speaker's apartment during the speaker's term of office, utilizing |
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122 | 122 | | the services of employees of the house and others on a temporary |
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123 | 123 | | basis, if and as needed. |
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124 | 124 | | (d) The speaker may obtain through the Committee on House |
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125 | 125 | | Administration the necessary supplies and services to operate the |
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126 | 126 | | speaker's office and may also have paid through that committee |
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127 | 127 | | necessary telephone charges. |
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128 | 128 | | SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS; |
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129 | 129 | | TRAINING SEMINARS. (a) The speaker may attend any meetings of or |
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130 | 130 | | sponsored by the Council of State Governments and any meetings on |
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131 | 131 | | problems of federal-state relations and interstate relations and |
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132 | 132 | | cooperation, and any other governmental meeting in or outside the |
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133 | 133 | | state. |
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134 | 134 | | (b) The speaker may appoint members of the house, staff |
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135 | 135 | | members, and other employees of the house to accompany or represent |
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136 | 136 | | the speaker at these meetings or to attend in-service training |
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137 | 137 | | courses sponsored by the Council of State Governments or the |
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138 | 138 | | National Conference of State Legislatures or similar training |
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139 | 139 | | courses, conferences, or seminars as the speaker may determine. |
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140 | 140 | | (c) Members of the house attending meetings under this |
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141 | 141 | | section while the legislature is in session may be reimbursed for |
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142 | 142 | | actual and necessary expenses. Members of the house attending |
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143 | 143 | | meetings under this section while the legislature is not in session |
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144 | 144 | | and staff members and other employees of the house attending |
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145 | 145 | | meetings at any time under this section may be reimbursed for either |
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146 | 146 | | actual and necessary expenses or receive a per diem not to exceed |
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147 | 147 | | that provided by law for state officials or state employees. In |
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148 | 148 | | addition, members, staff, and other employees attending meetings |
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149 | 149 | | under this section may be reimbursed for mileage or other |
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150 | 150 | | transportation expenses at the same rate as provided by law for |
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151 | 151 | | state officials or state employees together with registration fees |
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152 | 152 | | and tuition. To receive payment under this subsection, sworn |
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153 | 153 | | expense accounts must be filed with and approved by the chair of the |
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154 | 154 | | Committee on House Administration or an officer of the house |
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155 | 155 | | designated in writing by the Committee on House Administration. |
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156 | 156 | | Prior written approval of the chair of the Committee on House |
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157 | 157 | | Administration to attend any such meetings, conferences, seminars, |
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158 | 158 | | or training courses is a prerequisite for reimbursement for travel |
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159 | 159 | | and other related expenses. |
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160 | 160 | | (d) Reimbursement for expenses incurred by a member, staff |
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161 | 161 | | member, or employee of the house in an appointive capacity |
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162 | 162 | | resulting from an appointment made by anyone other than the speaker |
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163 | 163 | | shall be made only in the event that the appointment and expenses to |
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164 | 164 | | be incurred have been previously approved in writing by the |
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165 | 165 | | Committee on House Administration. |
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166 | 166 | | (e) The speaker may expend money for memberships in |
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167 | 167 | | interstate associations of legislators considered necessary to |
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168 | 168 | | discharge properly the duties and responsibilities of the office of |
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169 | 169 | | speaker. |
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170 | 170 | | ARTICLE 3. GENERAL POWERS AND DUTIES OF THE |
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171 | 171 | | COMMITTEE ON HOUSE ADMINISTRATION |
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172 | 172 | | SECTION 3.01. CONTRACTS. The Committee on House |
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173 | 173 | | Administration shall approve all contracts necessary for the |
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174 | 174 | | effective operation of the divisions of the house and its |
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175 | 175 | | committees. |
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176 | 176 | | SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The |
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177 | 177 | | Committee on House Administration shall consider and adopt |
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178 | 178 | | operating budgets that cover both session and interim periods for |
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179 | 179 | | the divisions of the house and all committees appointed pursuant to |
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180 | 180 | | the resolution adopting the rules of the house or appointed by the |
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181 | 181 | | speaker pursuant to any other resolution. A budget adopted by the |
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182 | 182 | | Committee on House Administration must be adopted in a public |
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183 | 183 | | hearing. Each requested operating budget and each operating budget |
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184 | 184 | | proposed for adoption must be posted on the Internet website of the |
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185 | 185 | | committee in advance of the hearing. |
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186 | 186 | | SECTION 3.03. OPERATING POLICIES. The Committee on House |
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187 | 187 | | Administration shall effectuate policies and determine guidelines |
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188 | 188 | | for the operation of the divisions and committees of the house. |
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189 | 189 | | SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House |
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190 | 190 | | Administration shall prepare and distribute to all members, within |
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191 | 191 | | 60 days after the convening of the regular session, policy |
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192 | 192 | | statements to include, but not be limited to, policies pertaining |
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193 | 193 | | to members as a class. |
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194 | 194 | | SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The |
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195 | 195 | | Committee on House Administration shall: |
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196 | 196 | | (1) provide and maintain for the use of the speaker, |
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197 | 197 | | members, employees, divisions, and committees of the house such |
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198 | 198 | | stationery, stamps, office equipment, furniture, fixtures, |
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199 | 199 | | supplies, and telephone and other services as may be necessary; |
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200 | 200 | | (2) keep an itemized account of the quantity and cost |
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201 | 201 | | of every kind of material received, and the source from which it was |
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202 | 202 | | received; |
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203 | 203 | | (3) maintain an annual operating account for each |
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204 | 204 | | member, division, and committee authorized by the Committee on |
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205 | 205 | | House Administration to make expenditures and charge each operating |
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206 | 206 | | account with daily expenditures, withdrawals from inventory, and |
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207 | 207 | | interdepartmental services; |
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208 | 208 | | (4) furnish a monthly statement for the expenditures |
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209 | 209 | | of each member, division, and committee of the house; and |
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210 | 210 | | (5) adopt any rules, regulations, and policies |
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211 | 211 | | necessary to effectively provide and account for the |
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212 | 212 | | above-mentioned services. |
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213 | 213 | | SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; |
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214 | 214 | | ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The |
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215 | 215 | | Committee on House Administration shall: |
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216 | 216 | | (1) be in charge of and provide for the protection, |
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217 | 217 | | maintenance, and use of the hall of the house, all committee rooms, |
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218 | 218 | | offices of members and house departments, the speaker's office and |
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219 | 219 | | apartment, and other space under the jurisdiction of the house; |
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220 | 220 | | (2) make permanent assignments of desks and offices to |
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221 | 221 | | members of the house; |
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222 | 222 | | (3) adopt and enforce a plan for the parking of motor |
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223 | 223 | | vehicles on the portion of the Capitol grounds under house |
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224 | 224 | | jurisdiction; |
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225 | 225 | | (4) be in charge of and provide for the protection, |
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226 | 226 | | maintenance, and use of the furniture, fixtures, equipment, and |
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227 | 227 | | records of the house; |
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228 | 228 | | (5) purchase, remodel, repair, restore, or replace any |
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229 | 229 | | furniture, fixtures, equipment, and other furnishings to maintain |
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239 | 233 | | (b) Any member who is not a member-elect of the 86th [85th] |
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240 | 234 | | Legislature shall vacate the member's office space before December |
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241 | 235 | | 1, 2018 [2016]. If the office is not vacated on that date, the |
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242 | 236 | | Committee on House Administration shall immediately remove the |
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243 | 237 | | member's personal effects and store them in an appropriate place in |
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244 | 238 | | order that the member-elect to whom the office space is assigned may |
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245 | 239 | | move in. The Committee on House Administration shall ensure that |
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246 | 240 | | each member-elect of the 86th [85th] Legislature who was not a |
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247 | 241 | | member of the 85th [84th] Legislature is permitted to move into and |
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248 | 242 | | begin using the member-elect's office space at least 72 hours |
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249 | 243 | | before the time the 86th [85th] Legislature is scheduled to |
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250 | 244 | | convene. |
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251 | 245 | | SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS; |
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252 | 246 | | COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House |
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253 | 247 | | Administration shall: |
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254 | 248 | | (1) have completed and preserved the official records |
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255 | 249 | | of the house; |
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256 | 250 | | (2) have charge of and approve the operation and |
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257 | 251 | | maintenance of the printing and duplicating facilities of the |
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258 | 252 | | house, provided, however, that the use of the house printing and |
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259 | 253 | | duplicating facilities is restricted to agencies of the legislative |
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260 | 254 | | branch and any other operation thereof is strictly prohibited |
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261 | 255 | | unless previously authorized in writing by the Committee on House |
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262 | 256 | | Administration or an officer of the house designated in writing by |
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263 | 257 | | the speaker; |
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264 | 258 | | (3) determine the number of copies of the daily House |
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265 | 259 | | Journal to be printed and have jurisdiction over the mailing and |
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266 | 260 | | distribution of the daily journal; and |
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267 | 261 | | (4) determine the number of copies of the House |
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268 | 262 | | Journal that will be furnished to each member for distribution by |
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269 | 263 | | the member. |
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270 | 264 | | (b) The employee in charge of the printing facilities must |
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271 | 265 | | keep at least one copy of all items printed or duplicated and a copy |
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272 | 266 | | of the work order authorizing such printing. |
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273 | 267 | | (c) Copies of bills, resolutions, and attachments thereto |
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274 | 268 | | shall be made available free of charge to members of the house who |
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275 | 269 | | call at the bill distribution office and request them, and the cost |
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276 | 270 | | of these copies shall be paid from funds appropriated for that |
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277 | 271 | | purpose by the legislature. If the Committee on House |
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278 | 272 | | Administration finds gross abuse of this privilege, it may |
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279 | 273 | | establish a policy regarding such distribution. |
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280 | 274 | | SECTION 3.08. HONORARY CERTIFICATES. The Committee on |
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281 | 275 | | House Administration shall provide for the use of members |
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282 | 276 | | appropriate certificates to commend, congratulate, and |
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283 | 277 | | memorialize. Such certificates shall be printed with a signature |
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284 | 278 | | line for the name of the presenting member and adequate space for |
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285 | 279 | | insertion of the name of the individual or organization to be |
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286 | 280 | | honored. |
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287 | 281 | | SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on |
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288 | 282 | | House Administration shall select a suitable photographer to take |
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289 | 283 | | individual photographs of each member. The photographer shall |
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290 | 284 | | prepare a composite photograph of the members of the house composed |
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291 | 285 | | of the individual photographs of each member arranged on a panel, of |
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292 | 286 | | the same size as used in previous sessions, in such manner as to |
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293 | 287 | | approximate the location of each member's desk on the house floor. |
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294 | 288 | | The member's name and the county of residence shall be printed under |
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295 | 289 | | the member's photograph, and the composite shall be framed and hung |
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296 | 290 | | in the hall of the house during the regular session. |
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297 | 291 | | (b) The photographs for the composite panel shall be |
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298 | 292 | | provided without cost to the members, and the expense of the |
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299 | 293 | | composite panel shall be paid from the expense fund of the house. |
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300 | 294 | | (c) The Committee on House Administration shall establish, |
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301 | 295 | | with concurrence of the photographer, a price to charge members for |
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302 | 296 | | any prints of photographs they wish to purchase. |
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303 | 297 | | SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS. |
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304 | 298 | | If a person is serving as a temporary acting member of the house |
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305 | 299 | | under Section 72, Article XVI, Texas Constitution, in the place of a |
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306 | 300 | | house member on active military duty, the Committee on House |
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307 | 301 | | Administration, with the approval of the speaker and in |
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308 | 302 | | consultation with the temporary acting member and, if available, |
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309 | 303 | | the member on military duty, may adopt policies regarding a |
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310 | 304 | | temporary acting member that the committee considers necessary for |
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311 | 305 | | the efficient administration and performance of the duties of the |
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312 | 306 | | house consistent with this resolution, the rules of the house, and |
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313 | 307 | | the Texas Constitution. |
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314 | 308 | | SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. (a) |
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315 | 309 | | The Committee on House Administration shall display the motto "In |
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316 | 310 | | God We Trust" on the electronic message screen at the front of the |
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317 | 311 | | hall of the house. |
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318 | 312 | | (b) The motto shall be large enough to be read throughout |
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319 | 313 | | the hall. |
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320 | 314 | | (c) The motto shall be displayed at all times that the |
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321 | 315 | | electronic message screen is not being used to conduct legislative |
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322 | 316 | | business during a session of the house and shall be at least as |
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323 | 317 | | prominent as any other information displayed on the electronic |
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324 | 318 | | message screen. |
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325 | 319 | | (d) The Committee on House Administration shall convey to |
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326 | 320 | | the State Preservation Board the desire of the house of |
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327 | 321 | | representatives to maintain the permanent display of the motto on |
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328 | 322 | | the face of the portico located over the speaker's podium. |
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329 | 323 | | SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on |
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330 | 324 | | House Administration, in coordination with the State Preservation |
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331 | 325 | | Board, shall implement a program for recycling paper, plastic, and |
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332 | 326 | | other recyclable materials from house offices. |
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333 | 327 | | SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE. |
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334 | 328 | | The Committee on House Administration shall provide for the posting |
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335 | 329 | | of all notices for hearings of joint committees of the house and |
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336 | 330 | | senate on the house website regardless of whether the notice is |
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337 | 331 | | posted on the senate website. |
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338 | 332 | | SECTION 3.14. ACCESS TO HOUSE OFFICES. A house member and |
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339 | 333 | | the member's staff may control access by the public to the member's |
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340 | 334 | | office and may exclude visitors from the office at their |
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341 | 335 | | discretion. If a person refuses to leave the member's office when |
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342 | 336 | | requested, the member may request assistance from the Department of |
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343 | 337 | | Public Safety. |
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344 | 338 | | SECTION 3.15. DPS PANIC BUTTONS. The Committee on House |
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345 | 339 | | Administration shall work with the Department of Public Safety to |
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346 | 340 | | ensure that each house office may request a panic button that the |
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347 | 341 | | house member and the member's staff may use to alert the department |
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348 | 342 | | to an emergency in the office. The member may reimburse the |
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349 | 343 | | Committee on House Administration for the cost of the panic button |
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350 | 344 | | equipment in monthly installments over the fiscal year. |
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361 | 345 | | ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES |
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362 | 346 | | SECTION 4.01. DEFINITION. Unless expressly provided |
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363 | 347 | | otherwise, in this article "employee" means any person compensated |
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364 | 348 | | from funds appropriated to the house. The term includes persons for |
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365 | 349 | | whom the employing authority is the speaker, the Committee on House |
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366 | 350 | | Administration, an individual member, or a committee. |
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367 | 351 | | SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE |
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368 | 352 | | EMPLOYEES OF THE HOUSE. (a) The officers of the house and the |
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369 | 353 | | employees of the house responsible for supervising the departments |
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370 | 354 | | and divisions that support the operation of the house shall be |
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371 | 355 | | appointed by and serve at the pleasure of the speaker. |
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372 | 356 | | (b) The speaker shall have the right to discharge any |
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373 | 357 | | officer or supervisory administrative employee when the best |
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374 | 358 | | interest of the house of representatives would be served by so |
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375 | 359 | | doing. |
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376 | 360 | | (c) The authority to appoint and discharge officers and |
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377 | 361 | | supervisory administrative employees may be delegated to the |
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378 | 362 | | Committee on House Administration to the extent and for the length |
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379 | 363 | | of time the speaker determines. |
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380 | 364 | | (d) In the event of the absence, resignation, or death of |
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381 | 365 | | any officer or supervisory administrative employee the speaker may |
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382 | 366 | | designate a person to take charge of and attend to all the duties of |
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383 | 367 | | the office affected until the officer or employee returns or until a |
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384 | 368 | | successor is chosen. |
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385 | 369 | | SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The |
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386 | 370 | | Committee on House Administration shall employ all personnel |
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387 | 371 | | necessary for the operation of the house other than: |
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388 | 372 | | (1) those appointed under Section 4.02; or |
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389 | 373 | | (2) employees of an individual member or committee. |
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390 | 374 | | (b) For purposes of this article, the Committee on House |
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391 | 375 | | Administration is the employing authority for all house employees |
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392 | 376 | | other than those for whom the employing authority is the speaker, an |
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393 | 377 | | individual member, or a committee. |
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394 | 378 | | SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may |
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395 | 379 | | employ, with funds from the member's operating budget, such staff |
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396 | 380 | | as the member deems necessary. |
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397 | 381 | | SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST |
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398 | 382 | | ASSISTANCE. (a) The Committee on House Administration shall |
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399 | 383 | | provide funds for the adequate staffing of all standing committees |
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400 | 384 | | of the house and all other committees appointed by the speaker. |
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401 | 385 | | (b) Select committees, interim study committees, standing |
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402 | 386 | | committees, or subcommittees appointed pursuant to the resolution |
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403 | 387 | | adopting the rules of the house or appointed by the speaker pursuant |
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404 | 388 | | to any other resolution may employ any person, firm, or |
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405 | 389 | | corporation, subject to budget limitations. Those committees or |
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406 | 390 | | subcommittees may ask for the assistance of any of the employees, |
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407 | 391 | | agencies, departments, or branches of the state government. |
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408 | 392 | | SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS. |
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409 | 393 | | (a) An employee shall be on duty on the days and hours determined by |
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410 | 394 | | the employing authority. |
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411 | 395 | | (b) All offices of the departments and divisions that |
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412 | 396 | | support the operations of the house shall be open on days and hours |
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413 | 397 | | determined by the Committee on House Administration or the speaker |
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414 | 398 | | and other hours that the house or its committees are in session. |
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415 | 399 | | SECTION 4.07. COMPENSATION. (a) Officers and supervisory |
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416 | 400 | | administrative employees of the house shall receive the |
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417 | 401 | | compensation that the speaker or Committee on House Administration |
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418 | 402 | | determines. |
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419 | 403 | | (b) The Committee on House Administration shall fix the |
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420 | 404 | | compensation of house personnel employed under Section 4.03. A |
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421 | 405 | | person employed under that section who is absent without leave |
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422 | 406 | | shall not receive compensation for the time missed. |
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423 | 407 | | (c) The salaries of employees of individual members, |
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424 | 408 | | committees, and the house shall begin when they are instructed to |
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425 | 409 | | start work by their respective employing authority. |
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426 | 410 | | (d) Except as provided by Subsections (e) and (f) of this |
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427 | 411 | | section, an employee of an individual member, a committee employee, |
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428 | 412 | | or any person, firm, or corporation employed by a committee or |
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429 | 413 | | subcommittee may not be paid a salary in excess of $5,280 [$5,151] |
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430 | 414 | | for any one month. |
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431 | 415 | | (e) A member may exempt one employee of the individual |
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432 | 416 | | member and, if the member is a chair of a standing or select |
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433 | 417 | | committee, one employee of the standing or select committee the |
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434 | 418 | | member chairs from the salary cap imposed by Subsection (d) of this |
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435 | 419 | | section. Each calendar year the member shall file with the |
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436 | 420 | | Committee on House Administration a statement designating the |
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437 | 421 | | exempt employee or employees, as appropriate. During a calendar |
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438 | 422 | | year after an exempt employee has been designated, the member may |
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439 | 423 | | exempt a different employee from the salary cap only if the employee |
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440 | 424 | | previously designated as exempt for the calendar year is no longer |
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441 | 425 | | employed by the member or committee, as appropriate. The exempt |
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442 | 426 | | employee may not receive compensation from the operating account of |
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443 | 427 | | any other committee or member. |
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444 | 428 | | (f) The Committee on House Administration may increase the |
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445 | 429 | | amount of the salary cap imposed by Subsection (d) of this section |
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446 | 430 | | to account for any increase in salary provided to all state |
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447 | 431 | | employees during the biennium that begins during the term of the |
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448 | 432 | | legislature to which this resolution applies. |
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449 | 433 | | SECTION 4.08. DUTIES. An employee shall perform all duties |
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450 | 434 | | directed by the employing authority. |
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451 | 435 | | SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee |
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452 | 436 | | may appear before a standing or select committee on a measure when |
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453 | 437 | | granted permission by majority vote of the committee. |
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454 | 438 | | SECTION 4.10. CHAMBER ACCESS. (a) An employee may not |
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455 | 439 | | enter the house chamber when the house is in session except when |
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456 | 440 | | performing official duties and specifically authorized by the |
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457 | 441 | | Committee on House Administration. |
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458 | 442 | | (b) An employee may not enter the area on the floor of the |
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459 | 443 | | house enclosed by the railing when the house is in session except |
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460 | 444 | | when specifically authorized by the Committee on House |
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461 | 445 | | Administration. |
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462 | 446 | | SECTION 4.11. VOTING. An employee may not cast a vote for a |
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463 | 447 | | member on the voting machine or otherwise. |
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464 | 448 | | SECTION 4.12. VOTING RECORDS. An employee may not compile |
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465 | 449 | | or release any information concerning the voting record of any |
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466 | 450 | | member of the house for any session of the legislature except when a |
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467 | 451 | | member requests information about that member's personal voting |
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468 | 452 | | record or when the information is for the journal or other official |
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469 | 453 | | records. |
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470 | 454 | | SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not |
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471 | 455 | | campaign or assist in the campaign of any candidate for speaker. |
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472 | 456 | | SECTION 4.14. POLITICAL INFLUENCE. An employee may not |
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473 | 457 | | attempt to, or aid anyone in an attempt to, influence any member of |
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474 | 458 | | the house in favor of or against any measure pending before the |
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475 | 459 | | legislature, either directly or indirectly, except when answering |
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476 | 460 | | questions or giving information at the request of a member of the |
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477 | 461 | | house. |
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478 | 462 | | SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR |
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479 | 463 | | GIFTS. An employee may not receive, directly or indirectly, any |
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480 | 464 | | compensation, by gift or otherwise, from any other source, unless |
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481 | 465 | | specifically authorized by the employing authority. |
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482 | 466 | | SECTION 4.16. DISCHARGE. (a) The employing authority of an |
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483 | 467 | | employee shall have primary responsibility for overseeing and |
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484 | 468 | | discharging the employee. An employee is subject to immediate |
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485 | 469 | | discharge by the employing authority for violation of any section |
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486 | 470 | | of this article or any other applicable rule. |
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487 | 471 | | (b) An individual member or chair of a committee employing |
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488 | 472 | | an employee who violates any applicable section of this article or |
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489 | 473 | | any rule shall be advised of the violation by the chair of the |
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490 | 474 | | Committee on House Administration, and the employing authority |
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491 | 475 | | shall take appropriate action with regard to the employee in |
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492 | 476 | | question. |
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493 | 477 | | (c) In addition to being subject to immediate discharge by |
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494 | 478 | | the employing authority under Subsection (a) of this section, an |
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495 | 479 | | employee is subject to discharge by the chair of the Committee on |
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496 | 480 | | House Administration, with the approval of the committee, if: |
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497 | 481 | | (1) the employee is not needed and, if the employee is |
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498 | 482 | | employed in an individual member's office or by a committee, the |
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499 | 483 | | member or committee chair has resigned, is deceased, or is |
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500 | 484 | | incapacitated; or |
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501 | 485 | | (2) the employee is guilty of gross misconduct. |
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502 | 486 | | (d) The Committee on House Administration may authorize the |
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503 | 487 | | chair of the Committee on House Administration to conduct an |
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504 | 488 | | investigation into allegations of gross misconduct. The chair may, |
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505 | 489 | | with the approval of the committee, discharge or otherwise |
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506 | 490 | | discipline an employee of an individual member or committee if the |
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507 | 491 | | Committee on House Administration finds that the employee has |
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508 | 492 | | engaged in gross misconduct. |
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509 | 493 | | SECTION 4.17. DURATION OF EMPLOYMENT. The period of |
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510 | 494 | | employment of all employees shall be determined by the employing |
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511 | 495 | | authority, except that employees of all committees and of |
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512 | 496 | | individual members who are not members-elect of the next |
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513 | 497 | | legislature shall be terminated not later than noon on the day of |
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514 | 498 | | the convening of the next regular session. |
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515 | 499 | | SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR |
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516 | 500 | | COMMITTEE. (a) Members may join in the employment of a research |
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517 | 501 | | assistant or assistants to be paid jointly from their operating |
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518 | 502 | | budgets. Unless expressly authorized by the provisions of this |
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519 | 503 | | resolution, the members who join together to sponsor such research |
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520 | 504 | | shall not constitute a committee, task force, or group to operate in |
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521 | 505 | | any official or quasi-official manner not specifically authorized |
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522 | 506 | | under the Rules of the House of Representatives. |
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523 | 507 | | (b) No person, firm, or corporation may be employed by more |
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524 | 508 | | than two committees or subcommittees. |
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525 | 509 | | SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job |
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526 | 510 | | title for each position shall be determined by the employing |
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527 | 511 | | authority. The employing authority and the house business office |
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528 | 512 | | shall classify each job title for accounting purposes according to |
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529 | 513 | | the following position classifications, unless otherwise |
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530 | 514 | | determined by the Committee on House Administration: |
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531 | 515 | | (a) Member Employees |
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532 | 516 | | 1. Chief of Staff |
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533 | 517 | | 2. General Counsel |
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534 | 518 | | 3. Legislative Director |
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535 | 519 | | 4. Legislative Assistant |
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536 | 520 | | 5. Administrative Assistant |
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537 | 521 | | 6. Special Project Coordinator |
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538 | 522 | | 7. Intern |
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539 | 523 | | (b) Committee Employees |
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540 | 524 | | 1. Committee General Counsel |
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541 | 525 | | 2. Chief Committee Clerk |
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542 | 526 | | 3. Committee Clerk |
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543 | 527 | | (c) Research Employees |
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544 | 528 | | 1. Research Director |
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545 | 529 | | 2. Research Assistant |
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546 | 530 | | 3. Policy Analyst |
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547 | 531 | | ARTICLE 5. ACCOUNTING |
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548 | 532 | | SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each |
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549 | 533 | | member of the house shall be allocated funds for staff, office |
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550 | 534 | | supplies, office equipment, postage, printing, telephone, travel, |
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551 | 535 | | and such other reasonable and necessary office expenses as may be |
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552 | 536 | | determined by the Committee on House Administration. |
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553 | 537 | | (b) The manner in which funds are allocated, and the amounts |
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554 | 538 | | thereof, are as provided by this article. |
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555 | 539 | | SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who |
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556 | 540 | | served in the 84th [83rd] Legislature shall have the following |
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557 | 541 | | operating accounts for the 85th [84th] Legislature: |
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558 | 542 | | (1) a Fiscal Year 17 [15] Operating Account (September |
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559 | 543 | | 1, 2016 [2014], through August 31, 2017 [2015]); |
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560 | 544 | | (2) a Fiscal Year 18 [16] Operating Account (September |
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561 | 545 | | 1, 2017 [2015], through August 31, 2018 [2016]); and |
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562 | 546 | | (3) a Fiscal Year 19 [17] Operating Account (September |
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563 | 547 | | 1, 2018 [2016], through January 8, 2019 [10, 2017]). |
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564 | 548 | | (b) Each member who did not serve in the 84th [83rd] |
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565 | 549 | | Legislature shall have the same operating accounts for the 85th |
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566 | 550 | | [84th] Legislature as a returning member under Subsection (a) of |
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567 | 551 | | this section except that the duration of the Fiscal Year 17 [15] |
---|
568 | 552 | | Operating Account is from January 10, 2017 [13, 2015], through |
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569 | 553 | | August 31, 2017 [2015]. |
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570 | 554 | | (c) For each member who served in the 84th [83rd] |
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571 | 555 | | Legislature, it shall not be necessary to close the member's Fiscal |
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572 | 556 | | Year 17 [15] Operating Account when the 85th [84th] Legislature |
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573 | 557 | | convenes. |
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574 | 558 | | SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each |
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575 | 559 | | member who did not serve in the 84th [83rd] Legislature may have |
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576 | 560 | | credited to the member's Fiscal Year 17 [15] Operating Account the |
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577 | 561 | | amount of $2,000. |
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578 | 562 | | SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating |
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579 | 563 | | account shall be credited with $14,250 for each month that falls |
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580 | 564 | | wholly or partly during the regular legislative session or a |
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581 | 565 | | special legislative session. In any other month, each member's |
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582 | 566 | | operating account shall be credited with $13,500. |
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583 | 567 | | (b) The Committee on House Administration may provide to the |
---|
584 | 568 | | dean and the speaker pro tempore of the house additional funds as |
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585 | 569 | | may be determined to be necessary for the duties of those offices to |
---|
586 | 570 | | be fulfilled. |
---|
587 | 571 | | (c) The Committee on House Administration may increase the |
---|
588 | 572 | | amount credited each month to each member's operating account in an |
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589 | 573 | | amount to allow for an increase in: |
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590 | 574 | | (1) the salary cap as provided by Section 4.07(f); or |
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591 | 575 | | (2) longevity pay as authorized by legislation. |
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592 | 576 | | SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE. |
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593 | 577 | | (a) On the third business day of each calendar month, the House |
---|
594 | 578 | | Business Office shall determine the available, unobligated balance |
---|
595 | 579 | | at the end of the preceding calendar month for each member's |
---|
596 | 580 | | operating account and each committee operating account. If the |
---|
597 | 581 | | House Business Office determines that a member's operating account |
---|
598 | 582 | | has a negative balance at the end of the preceding calendar month, |
---|
599 | 583 | | the office shall provide notice to the member and the member shall |
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600 | 584 | | deposit funds in the account equal to the negative balance not later |
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601 | 585 | | than the 10th business day after the date the member receives notice |
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602 | 586 | | of the deficit from the House Business Office; provided, however, |
---|
603 | 587 | | that if a member deposits funds in the member's operating account to |
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604 | 588 | | cover a negative balance under this subsection and the member later |
---|
605 | 589 | | has a positive balance in the member's operating account at the end |
---|
606 | 590 | | of a calendar month in the same fiscal year in which the member |
---|
607 | 591 | | deposited the funds to cover the negative balance, the member may |
---|
608 | 592 | | use the excess money in the member's operating account at that time |
---|
609 | 593 | | to reimburse the member in an amount not to exceed the amount the |
---|
610 | 594 | | member earlier deposited to cover the negative balance. |
---|
611 | 595 | | (b) A committee operating account may not operate at a |
---|
612 | 596 | | deficit. |
---|
613 | 597 | | (c) If a member is not a member-elect of the 86th [85th] |
---|
614 | 598 | | Legislature, the member's operating account may not operate at a |
---|
615 | 599 | | deficit after November 30, 2018 [2016]. |
---|
616 | 600 | | SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal |
---|
617 | 601 | | Year 17 [15] Operating Account shall be closed as of August 31, 2017 |
---|
618 | 602 | | [2015]. |
---|
619 | 603 | | (b) Each member may carry forward and have credited to the |
---|
620 | 604 | | member's Fiscal Year 18 [16] Operating Account the unexpended |
---|
621 | 605 | | balance of the member's Fiscal Year 17 [15] Operating Account, not |
---|
622 | 606 | | to exceed $20,000. If the member is the chair of a committee, the |
---|
623 | 607 | | member may transfer and have credited to that committee's operating |
---|
624 | 608 | | account all or part of that unexpended balance, not to exceed |
---|
625 | 609 | | $20,000, and may have the remainder of that amount credited to the |
---|
626 | 610 | | member's Fiscal Year 18 [16] Operating Account. |
---|
627 | 611 | | (c) Each member's Fiscal Year 18 [16] Operating Account |
---|
628 | 612 | | shall be closed as of August 31, 2018 [2016]. |
---|
629 | 613 | | (d) Each member may carry forward and have credited to the |
---|
630 | 614 | | member's Fiscal Year 19 [17] Operating Account the unexpended |
---|
631 | 615 | | balance of the member's Fiscal Year 18 [16] Operating Account, not |
---|
632 | 616 | | to exceed $20,000. If the member is the chair of a committee, the |
---|
633 | 617 | | member may transfer and have credited to that committee's operating |
---|
634 | 618 | | account all or part of that unexpended balance, not to exceed |
---|
635 | 619 | | $20,000, and may have the remainder of that amount credited to the |
---|
636 | 620 | | member's Fiscal Year 19 [17] Operating Account. |
---|
637 | 621 | | (e) A member who is the chair of a committee may not transfer |
---|
638 | 622 | | and have credited to that member's operating account any portion of |
---|
639 | 623 | | the unexpended balance of the committee's operating account. |
---|
640 | 624 | | SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All |
---|
641 | 625 | | expenditures shall be charged to the period in which they are |
---|
642 | 626 | | encumbered. |
---|
643 | 627 | | SECTION 5.07. TRAVEL FROM [TO] AUSTIN DURING SESSION NOT |
---|
644 | 628 | | CHARGED TO OPERATING ACCOUNT. While the legislature is in session, |
---|
645 | 629 | | the travel expenses of members for one trip each week between Austin |
---|
646 | 630 | | and their districts and return shall not be charged against the |
---|
647 | 631 | | members' operating accounts but shall be paid from funds |
---|
648 | 632 | | appropriated for that purpose by the legislature. |
---|
649 | 633 | | SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to |
---|
650 | 634 | | be reimbursed for actual and necessary expenses incurred while |
---|
651 | 635 | | traveling outside Texas in the performance of legislative duties |
---|
652 | 636 | | and responsibilities. If the reimbursement is for travel inside |
---|
653 | 637 | | the conterminous United States, reimbursement is limited to twice |
---|
654 | 638 | | the amount that would be reimbursed to state employees for the same |
---|
655 | 639 | | travel under the comptroller's guidelines and rates governing |
---|
656 | 640 | | travel by state employees. |
---|
657 | 641 | | SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance |
---|
658 | 642 | | included in this resolution shall be expended except for actual |
---|
659 | 643 | | salaries or actual expenses of the house, its members, departments, |
---|
660 | 644 | | committees, and employees and for such other expenses as are |
---|
661 | 645 | | authorized by the Committee on House Administration. |
---|
662 | 646 | | (b) The Committee on House Administration may not authorize |
---|
663 | 647 | | any expenditures of funds for personal or political campaign |
---|
664 | 648 | | reasons. |
---|
665 | 649 | | (c) All expenditures authorized by this resolution shall be |
---|
666 | 650 | | paid from funds appropriated for the use of the house of |
---|
667 | 651 | | representatives by vouchers or other forms approved by the speaker |
---|
668 | 652 | | of the house and the Committee on House Administration. |
---|
669 | 653 | | SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS |
---|
670 | 654 | | PROHIBITED. No public funds appropriated to the house or expended |
---|
671 | 655 | | by any house member, committee, or office may be spent or promised |
---|
672 | 656 | | to settle in whole or part a legal claim brought or threatened to be |
---|
673 | 657 | | brought against the house or a member, committee, office, or |
---|
674 | 658 | | employee of the house unless the settlement is made with the |
---|
675 | 659 | | participation and approval of the attorney general and notice of |
---|
676 | 660 | | any settlement is promptly given to the public. |
---|
677 | 661 | | ARTICLE 6. CAUCUSES |
---|
678 | 662 | | SECTION 6.01. DEFINITION. In this article, "caucus" means |
---|
679 | 663 | | an organization that is composed exclusively of members of the |
---|
680 | 664 | | legislature, that elects or appoints officers and recognizes |
---|
681 | 665 | | identified legislators as members of the organization, and that |
---|
682 | 666 | | exists for research and other support of policy development and |
---|
683 | 667 | | interests that the membership holds in common. An organization |
---|
684 | 668 | | whose only nonlegislator members are the lieutenant governor or the |
---|
685 | 669 | | governor remains a "caucus" for purposes of this section. |
---|
686 | 670 | | SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND |
---|
687 | 671 | | FACILITIES. (a) Except as expressly authorized by this section, |
---|
688 | 672 | | funds appropriated to the house may not be expended in support of a |
---|
689 | 673 | | caucus, employees compensated from funds appropriated to the house |
---|
690 | 674 | | may not perform caucus activities, and state-owned equipment may |
---|
691 | 675 | | not be used in the performance of caucus activities. |
---|
692 | 676 | | (b) An individual member of the house may authorize the use |
---|
693 | 677 | | of state equipment assigned to the member's office and the |
---|
694 | 678 | | performance of caucus activities by an employee of the member only |
---|
695 | 679 | | if: |
---|
696 | 680 | | (1) the member determines that the activities support |
---|
697 | 681 | | the member's official duties; |
---|
698 | 682 | | (2) the caucus does not endorse or support a candidate |
---|
699 | 683 | | for public office; and |
---|
700 | 684 | | (3) the caucus does not accept contributions from |
---|
701 | 685 | | nonmembers that are in violation of Section 253.0341, Election |
---|
702 | 686 | | Code. |
---|
703 | 687 | | (c) A caucus may use the meeting rooms of the Capitol and |
---|
704 | 688 | | Capitol extension to conduct meetings of the caucus membership, to |
---|
705 | 689 | | host public forums on matters of interest to the caucus, or to |
---|
706 | 690 | | facilitate the work of the caucus or a caucus employee. |
---|
707 | 691 | | (d) An individual member may house, in the state office |
---|
708 | 692 | | space assigned to the member, caucus employees or equipment owned |
---|
709 | 693 | | by a caucus. A member may retain in the member's office a |
---|
710 | 694 | | telephone, facsimile machine, or computer owned by the caucus for |
---|
711 | 695 | | purposes of the member's communication with the caucus or caucus |
---|
712 | 696 | | employees. |
---|
713 | 697 | | (e) From space under the jurisdiction of the house, the |
---|
714 | 698 | | Committee on House Administration may assign: |
---|
715 | 699 | | (1) one office space and one parking space for use by |
---|
716 | 700 | | the Texas Republican Legislative Caucus; and |
---|
717 | 701 | | (2) one office space and one parking space for use by |
---|
718 | 702 | | the House Democratic Caucus. |
---|
719 | 703 | | SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf |
---|
720 | 704 | | of a caucus may not knowingly accept a contribution in violation of |
---|
721 | 705 | | Section 253.0341, Election Code. |
---|
722 | 706 | | (b) A person acting on behalf of a caucus may not knowingly |
---|
723 | 707 | | accept a contribution, and shall refuse a contribution that is |
---|
724 | 708 | | received, in the Capitol. |
---|
725 | 709 | | SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus |
---|
726 | 710 | | shall provide to the chief clerk, on a regular basis, a list of its |
---|
727 | 711 | | current membership and officers. |
---|
728 | 712 | | SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus |
---|
729 | 713 | | shall file a report of contributions and expenditures with the |
---|
730 | 714 | | Texas Ethics Commission as required by Section 254.0311, Election |
---|
731 | 715 | | Code. |
---|
732 | 716 | | ARTICLE 7. HOUSE RESEARCH ORGANIZATION |
---|
733 | 717 | | SECTION 7.01. ESTABLISHMENT. The Committee on House |
---|
734 | 718 | | Administration shall provide operating funds for a house research |
---|
735 | 719 | | organization that will be an administrative department of the house |
---|
736 | 720 | | and may for that purpose adopt policies and procedures relating to |
---|
737 | 721 | | the administrative operation of that organization. |
---|
738 | 722 | | SECTION 7.02. STEERING COMMITTEE. The functions and duties |
---|
739 | 723 | | performed by the house research organization shall be governed by a |
---|
740 | 724 | | 15-member steering committee composed of house members serving |
---|
741 | 725 | | staggered four-year terms, who are subject to approval of the house |
---|
742 | 726 | | membership. |
---|
743 | 727 | | SECTION 7.03. BUDGET. The house research organization |
---|
744 | 728 | | shall have an operating account and in compliance with the terms of |
---|
745 | 729 | | its establishment shall operate under a budget approved by the |
---|
746 | 730 | | steering committee and the Committee on House Administration. |
---|
747 | 731 | | ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM |
---|
748 | 732 | | SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant |
---|
749 | 733 | | to the Legislative Reorganization Act of 1961 (Subchapter B, |
---|
750 | 734 | | Chapter 301, Government Code), standing committees of the house |
---|
751 | 735 | | established by the rules of the house may hold meetings while the |
---|
752 | 736 | | legislature is not in session. |
---|
753 | 737 | | (b) The speaker may grant authority to select committees, |
---|
754 | 738 | | interim study committees, subcommittees, or standing committees of |
---|
755 | 739 | | the house to hold meetings while the legislature is not in session |
---|
756 | 740 | | as the speaker considers necessary and desirable to conduct the |
---|
757 | 741 | | business of the house and to assist the speaker in conducting the |
---|
758 | 742 | | business of the house, under a pattern of operation and |
---|
759 | 743 | | restrictions determined by the rules of the house. |
---|
760 | 744 | | (c) The committee members and employees may either be |
---|
761 | 745 | | reimbursed for actual and necessary expenses or receive a per diem |
---|
762 | 746 | | not to exceed that provided by law for state officials or state |
---|
763 | 747 | | employees, along with mileage or other transportation expenses at |
---|
764 | 748 | | the same rate as provided by law for state officials or state |
---|
765 | 749 | | employees when conducting such business and attending those |
---|
766 | 750 | | meetings when approved by the Committee on House Administration. |
---|
767 | 751 | | SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE |
---|
768 | 752 | | ADMINISTRATION DURING INTERIM. (a) When the legislature is not in |
---|
769 | 753 | | session, the Committee on House Administration may act as provided |
---|
770 | 754 | | by this section. |
---|
771 | 755 | | (b) The committee may call meetings for the transaction of |
---|
772 | 756 | | necessary business, and the committee members shall be reimbursed |
---|
773 | 757 | | for expenses incurred by them when attending such meetings or when |
---|
774 | 758 | | in performance of their duties as members of the Committee on House |
---|
775 | 759 | | Administration, the reimbursement to be either actual and necessary |
---|
776 | 760 | | expenses or a per diem not to exceed that provided by law for state |
---|
777 | 761 | | officials or state employees, along with mileage or other |
---|
778 | 762 | | transportation expenses at the same rate as provided by law for |
---|
779 | 763 | | state officials or state employees. |
---|
780 | 764 | | (c) The committee may reimburse authorized members and |
---|
781 | 765 | | employees for expenses incurred by them when traveling in the |
---|
782 | 766 | | performance of their legislative duties and responsibilities |
---|
783 | 767 | | within their respective districts or within any county in which any |
---|
784 | 768 | | part of their districts lie or from their districts to the State |
---|
785 | 769 | | Capitol, the reimbursement to be either actual and necessary |
---|
786 | 770 | | expenses or a per diem not to exceed that provided by law for state |
---|
787 | 771 | | officials or state employees, along with mileage or other |
---|
788 | 772 | | transportation expenses at the same rate as provided by law for |
---|
789 | 773 | | state officials or state employees. |
---|
790 | 774 | | (d) The committee may pay for all other reasonable and |
---|
791 | 775 | | necessary expenses, including operation of each member's district |
---|
792 | 776 | | office, incurred by the members of the house of representatives. |
---|
793 | 777 | | The expenses shall be paid from funds appropriated for that |
---|
794 | 778 | | purpose, or any other funds appropriated for the use of the house of |
---|
795 | 779 | | representatives, on vouchers or other forms approved by the chair |
---|
796 | 780 | | of the Committee on House Administration, in accordance with |
---|
797 | 781 | | regulations governing such expenditures. |
---|
798 | 782 | | (e) The committee may assign or reassign parking places in |
---|
799 | 783 | | the best interest of the house under such terms and conditions as |
---|
800 | 784 | | the committee deems necessary. |
---|