Texas 2021 - 87th Regular

Texas House Bill HR3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.R. No. 3
	1	+	87R6762 ESC/HLB/ISO
	2	+	By: Geren H.R. No. 3
2	3
3	4
4	5		R E S O L U T I O N
5	6		BE IT RESOLVED by the House of Representatives of the State of
6	7		Texas, That the following is adopted as the housekeeping resolution
7	8		for the House of Representatives of the 87th [86th] Legislature:
8	9		HOUSEKEEPING RESOLUTION FOR
9	10		THE HOUSE OF REPRESENTATIVES
10	11		OF THE TEXAS LEGISLATURE
11	12		TABLE OF CONTENTS
12	13		ARTICLE 1. GENERAL PROVISIONS 4
13	14		SECTION 1.01. PURPOSE 4
14	15		SECTION 1.02. PRECEDENCE 4
15	16		ARTICLE 2. SPEAKER OF THE HOUSE 5
16	17		SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 5
17	18		SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 5
18	19		SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
19	20		TRAINING SEMINARS 5
20		-	SECTION 2.04. DEANS 7
21	21		ARTICLE 3. GENERAL POWERS AND DUTIES OF THE COMMITTEE ON
22	22		HOUSE ADMINISTRATION 7
23	23		SECTION 3.01. CONTRACTS 7
24	24		SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS 7
25	25		SECTION 3.03. OPERATING POLICIES 8
26	26		SECTION 3.04. HOUSE POLICY MANUAL 8
27	27		SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING 8
28	28		SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; ASSIGNMENT
29	29		OF DESKS, OFFICES, AND PARKING SPACES 9
30	30		SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
31	31		COPIES OF LEGISLATIVE DOCUMENTS10
32	32		SECTION 3.08. HONORARY CERTIFICATES11
33	33		SECTION 3.09. COMPOSITE PHOTOGRAPH11
34	34		SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING
35	35		MEMBERS12
36	36		SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE12
37	37		SECTION 3.12. HOUSE RECYCLING PROGRAM13
38	38		SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE13
39	39		SECTION 3.14. ACCESS TO HOUSE OFFICES13
40	40		SECTION 3.15. DPS PANIC BUTTONS13
41	41		SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES13
42	42		ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES14
43	43		SECTION 4.01. DEFINITION14
44	44		SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
45	45		EMPLOYEES OF THE HOUSE14
46	46		SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL15
47	47		SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER16
48	48		SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
49	49		ASSISTANCE16
50	50		SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS16
51		-	SECTION 4.07. ~~COMPENSATION17~~
	51	+	SECTION 4.07. COMPENSATION16
52	52		SECTION 4.08. DUTIES18
53	53		SECTION 4.09. APPEARANCE BEFORE COMMITTEES18
54	54		SECTION 4.10. CHAMBER ACCESS18
55	55		SECTION 4.11. VOTING18
56	56		SECTION 4.12. VOTING RECORDS18
57		-	SECTION 4.13. CAMPAIGN FOR ~~SPEAKER19~~
	57	+	SECTION 4.13. CAMPAIGN FOR SPEAKER18
58	58		SECTION 4.14. POLITICAL INFLUENCE19
59	59		SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
60	60		GIFTS19
61	61		SECTION 4.16. DISCHARGE19
62	62		SECTION 4.17. DURATION OF EMPLOYMENT20
63	63		SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
64	64		COMMITTEE20
65	65		SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS21
66		-	ARTICLE 5. ~~ACCOUNTING22~~
67		-	SECTION 5.01. FUNDING OF OFFICE ~~OPERATIONS22~~
	66	+	ARTICLE 5. ACCOUNTING21
	67	+	SECTION 5.01. FUNDING OF OFFICE OPERATIONS21
68	68		SECTION 5.02. OPERATING ACCOUNTS22
69		-	SECTION 5.03. CREDIT FOR NEWLY ELECTED ~~MEMBERS23~~
70		-	SECTION 5.04. MONTHLY ~~CREDIT23~~
	69	+	SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS22
	70	+	SECTION 5.04. MONTHLY CREDIT22
71	71		SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE23
72	72		SECTION 5.05. ACCOUNT CLOSING24
73	73		SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED25
74	74		SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT
75	75		CHARGED TO OPERATING ACCOUNT25
76	76		SECTION 5.08. TRAVEL OUTSIDE TEXAS25
77		-	SECTION 5.09. APPROVAL OF ~~EXPENDITURES26~~
	77	+	SECTION 5.09. APPROVAL OF EXPENDITURES25
78	78		SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
79	79		PROHIBITED26
80	80		ARTICLE 6. CAUCUSES26
81	81		SECTION 6.01. DEFINITION26
82	82		SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
83		-	~~FACILITIES27~~
	83	+	FACILITIES26
84	84		SECTION 6.03. CONTRIBUTIONS28
85	85		SECTION 6.04. MEMBERSHIP AND OFFICER LISTS28
86	86		SECTION 6.05. REPORT TO ETHICS COMMISSION28
87	87		ARTICLE 7. HOUSE RESEARCH ORGANIZATION28
88	88		SECTION 7.01. ESTABLISHMENT28
89		-	SECTION 7.02. STEERING ~~COMMITTEE29~~
	89	+	SECTION 7.02. STEERING COMMITTEE28
90	90		SECTION 7.03. BUDGET29
91	91		ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM29
92	92		SECTION 8.01. INTERIM COMMITTEE ACTIVITIES29
93	93		SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
94		-	ADMINISTRATION DURING ~~INTERIM30~~
	94	+	ADMINISTRATION DURING INTERIM29
95	95		ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT31
96	96		SECTION 9.01. PURPOSE31
97	97		SECTION 9.02. TRAINING31
98	98		SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
99	99		RESOLUTION32
100	100		ARTICLE 10. COMMITTEE GIFTS36
101	101		SECTION 10.01. COMMITTEE GIFTS36
102	102		ARTICLE 1. GENERAL PROVISIONS
103	103		SECTION 1.01. PURPOSE. This resolution is adopted by the
104	104		members of the House of Representatives of the 87th [86th]
105	105		Legislature to provide for the efficient and orderly operation of
106	106		the house under the supervision of the speaker and the Committee on
107	107		House Administration.
108	108		SECTION 1.02. PRECEDENCE. The provisions of this
109	109		resolution take precedence over the provisions of any resolution
110	110		not passed in full compliance with the rules of the house and,
111	111		except as otherwise noted herein, shall be in effect during the full
112	112		term of the 87th [86th] Legislature whether in session or
113	113		adjournment.
114	114		ARTICLE 2. SPEAKER OF THE HOUSE
115	115		SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The
116	116		speaker may make any expenditures or transfers and perform any
117	117		function deemed necessary for the effective and efficient operation
118	118		of the house of representatives.
119	119		SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The
120	120		speaker's apartment and offices shall be set aside for the use of
121	121		the speaker, the speaker's family, and house members, as the
122	122		speaker may designate, throughout the speaker's term of office.
123	123		(b) The Committee on House Administration may make the
124	124		necessary expenditures to operate and properly equip and service
125	125		the speaker's apartment and offices and may employ such help as may
126	126		be necessary to properly maintain and care for the apartment and
127	127		offices.
128	128		(c) The speaker and the speaker's family may occupy the
129	129		speaker's apartment during the speaker's term of office, utilizing
130	130		the services of employees of the house and others on a temporary
131	131		basis, if and as needed.
132	132		(d) The speaker may obtain through the Committee on House
133	133		Administration the necessary supplies and services to operate the
134	134		speaker's office and may also have paid through that committee
135	135		necessary telephone charges.
136	136		SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
137	137		TRAINING SEMINARS. (a) The speaker may attend any meetings of or
138	138		sponsored by the Council of State Governments and any meetings on
139	139		problems of federal-state relations and interstate relations and
140	140		cooperation, and any other governmental meeting in or outside the
141	141		state.
142	142		(b) The speaker may appoint members of the house, staff
143	143		members, and other employees of the house to accompany or represent
144	144		the speaker at these meetings or to attend in-service training
145	145		courses sponsored by the Council of State Governments or the
146	146		National Conference of State Legislatures or similar training
147	147		courses, conferences, or seminars as the speaker may determine.
148	148		(c) Members of the house attending meetings under this
149	149		section while the legislature is in session may be reimbursed for
150	150		actual and necessary expenses. Members of the house attending
151	151		meetings under this section while the legislature is not in session
152	152		and staff members and other employees of the house attending
153	153		meetings at any time under this section may be reimbursed for either
154	154		actual and necessary expenses or receive a per diem not to exceed
155	155		that provided by law for state officials or state employees. In
156	156		addition, members, staff, and other employees attending meetings
157	157		under this section may be reimbursed for mileage or other
158	158		transportation expenses at the same rate as provided by law for
159	159		state officials or state employees together with registration fees
160	160		and tuition. To receive payment under this subsection, sworn
161	161		expense accounts must be filed with and approved by the chair of the
162	162		Committee on House Administration or an officer of the house
163	163		designated in writing by the Committee on House Administration.
164	164		Prior written approval of the chair of the Committee on House
165	165		Administration to attend any such meetings, conferences, seminars,
166	166		or training courses is a prerequisite for reimbursement for travel
167	167		and other related expenses.
168	168		(d) Reimbursement for expenses incurred by a member, staff
169	169		member, or employee of the house in an appointive capacity
170	170		resulting from an appointment made by anyone other than the speaker
171	171		shall be made only in the event that the appointment and expenses to
172	172		be incurred have been previously approved in writing by the
173	173		Committee on House Administration.
174	174		(e) The speaker may expend money for memberships in
175	175		interstate associations of legislators considered necessary to
176	176		discharge properly the duties and responsibilities of the office of
177	177		speaker.
178		-	SECTION 2.04. DEANS. The speaker shall recognize as deans
179		-	both the male member and the female member having the greatest
180		-	seniority based on cumulative years of service in the house.
181	178		ARTICLE 3. GENERAL POWERS AND DUTIES OF THE
182	179		COMMITTEE ON HOUSE ADMINISTRATION
183	180		SECTION 3.01. CONTRACTS. The Committee on House
184	181		Administration shall approve all contracts necessary for the
185	182		effective operation of the divisions of the house and its
186	183		committees.
187	184		SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The
188	185		Committee on House Administration shall consider and adopt
189	186		operating budgets that cover both session and interim periods for
190	187		the divisions of the house and all committees appointed pursuant to
191	188		the resolution adopting the rules of the house or appointed by the
192	189		speaker pursuant to any other resolution. A budget adopted by the
193	190		Committee on House Administration must be adopted in a public
194	191		hearing. Each requested operating budget and each operating budget
195	192		proposed for adoption must be posted on the Internet website of the
196	193		committee in advance of the hearing.
197	194		SECTION 3.03. OPERATING POLICIES. The Committee on House
198	195		Administration shall effectuate policies and determine guidelines
199	196		for the operation of the divisions and committees of the house.
200	197		SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House
201	198		Administration shall prepare and distribute to all members, within
202	199		60 days after the convening of the regular session, policy
203	200		statements to include, but not be limited to, policies pertaining
204	201		to members as a class.
205	202		SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The
206	203		Committee on House Administration shall:
207	204		(1) provide and maintain for the use of the speaker,
208	205		members, employees, divisions, and committees of the house such
209	206		stationery, stamps, office equipment, furniture, fixtures,
210	207		supplies, and telephone and other services as may be necessary;
211	208		(2) keep an itemized account of the quantity and cost
212	209		of every kind of material received, and the source from which it was
213	210		received;
214	211		(3) maintain an annual operating account for each
215	212		member, division, and committee authorized by the Committee on
216	213		House Administration to make expenditures and charge each operating
217	214		account with daily expenditures, withdrawals from inventory, and
218	215		interdepartmental services;
219	216		(4) furnish a monthly statement for the expenditures
220	217		of each member, division, and committee of the house; and
221	218		(5) adopt any rules, regulations, and policies
222	219		necessary to effectively provide and account for the
223	220		above-mentioned services.
224	221		SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES;
225	222		ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The
226	223		Committee on House Administration shall:
227	224		(1) be in charge of and provide for the protection,
228	225		maintenance, and use of the hall of the house, all committee rooms,
229	226		offices of members and house departments, the speaker's office and
230	227		apartment, and other space under the jurisdiction of the house;
231	228		(2) make permanent assignments of desks and offices to
232	229		members of the house;
233	230		(3) adopt and enforce a plan for the parking of motor
234	231		vehicles on the portion of the Capitol grounds under house
235	232		jurisdiction;
236	233		(4) be in charge of and provide for the protection,
237	234		maintenance, and use of the furniture, fixtures, equipment, and
238	235		records of the house;
239	236		(5) purchase, remodel, repair, restore, or replace any
240	237		furniture, fixtures, equipment, and other furnishings to maintain
241	238		the dignity and appearance of space occupied by the house;
242	239		(6) in consultation with the State Preservation Board,
243	240		identify and establish a space that provides privacy, security, a
244	241		water faucet, and a power outlet, within or near the hall of the
245	242		house for use for breastfeeding or breast pumping by house members
246	243		and employees of the house or media representatives entitled to the
247	244		privileges of the floor when the house is in session; and
248	245		(7) determine the hours the hall of the house shall be
249	246		open to visitors.
250	247		(b) Any member who is not a member-elect of the 88th [87th]
251	248		Legislature shall vacate the member's office space before December
252	249		1, 2022 [2020]. If the office is not vacated on that date, the
253	250		Committee on House Administration shall immediately remove the
254	251		member's personal effects and store them in an appropriate place in
255	252		order that the member-elect to whom the office space is assigned may
256	253		move in. The Committee on House Administration shall ensure that
257	254		each member-elect of the 88th [87th] Legislature who was not a
258	255		member of the 87th [86th] Legislature is permitted to move into and
259	256		begin using the member-elect's office space at least 72 hours
260	257		before the time the 88th [87th] Legislature is scheduled to
261	258		convene.
262	259		SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
263	260		COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House
264	261		Administration shall:
265	262		(1) have completed and preserved the official records
266	263		of the house;
267	264		(2) have charge of and approve the operation and
268	265		maintenance of the printing and duplicating facilities of the
269	266		house, provided, however, that the use of the house printing and
270	267		duplicating facilities is restricted to agencies of the legislative
271	268		branch and any other operation thereof is strictly prohibited
272	269		unless previously authorized in writing by the Committee on House
273	270		Administration or an officer of the house designated in writing by
274	271		the speaker;
275	272		(3) determine the number of copies of the daily House
276	273		Journal to be printed and have jurisdiction over the mailing and
277	274		distribution of the daily journal; and
278	275		(4) determine the number of copies of the House
279	276		Journal that will be furnished to each member for distribution by
280	277		the member.
281	278		(b) The employee in charge of the printing facilities must
282	279		keep at least one copy of all items printed or duplicated and a copy
283	280		of the work order authorizing such printing.
284	281		(c) Copies of bills, resolutions, and attachments thereto
285	282		shall be made available free of charge to members of the house who
286	283		call at the bill distribution office and request them, and the cost
287	284		of these copies shall be paid from funds appropriated for that
288	285		purpose by the legislature. If the Committee on House
289	286		Administration finds gross abuse of this privilege, it may
290	287		establish a policy regarding such distribution.
291	288		SECTION 3.08. HONORARY CERTIFICATES. The Committee on
292	289		House Administration shall provide for the use of members
293	290		appropriate certificates to commend, congratulate, and
294	291		memorialize. Such certificates shall be printed with a signature
295	292		line for the name of the presenting member and adequate space for
296	293		insertion of the name of the individual or organization to be
297	294		honored.
298	295		SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on
299	296		House Administration shall select a suitable photographer to take
300	297		individual photographs of each member. The photographer shall
301	298		prepare a composite photograph of the members of the house composed
302	299		of the individual photographs of each member arranged on a panel, of
303	300		the same size as used in previous sessions, in such manner as to
304	301		approximate the location of each member's desk on the house floor.
305	302		The member's name and the county of residence shall be printed under
306	303		the member's photograph, and the composite shall be framed and hung
307	304		in the hall of the house during the regular session.
308	305		(b) The photographs for the composite panel shall be
309	306		provided without cost to the members, and the expense of the
310	307		composite panel shall be paid from the expense fund of the house.
311	308		(c) The Committee on House Administration shall establish,
312	309		with concurrence of the photographer, a price to charge members for
313	310		any prints of photographs they wish to purchase.
314	311		SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS.
315	312		If a person is serving as a temporary acting member of the house
316	313		under Section 72, Article XVI, Texas Constitution, in the place of a
317	314		house member on active military duty, the Committee on House
318	315		Administration, with the approval of the speaker and in
319	316		consultation with the temporary acting member and, if available,
320	317		the member on military duty, may adopt policies regarding a
321	318		temporary acting member that the committee considers necessary for
322	319		the efficient administration and performance of the duties of the
323	320		house consistent with this resolution, the rules of the house, and
324	321		the Texas Constitution.
325	322		SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. The
326	323		Committee on House Administration shall direct the State
327	324		Preservation Board to maintain the permanent display of the motto
328	325		"In God We Trust" on the face of the portico located over the
329	326		speaker's podium.
330	327		SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on
331	328		House Administration, in coordination with the State Preservation
332	329		Board, shall implement a program for recycling paper, plastic, and
333	330		other recyclable materials from house offices.
334	331		SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE.
335	332		The Committee on House Administration shall provide for the posting
336	333		of all notices for hearings of joint committees of the house and
337	334		senate on the house website regardless of whether the notice is
338	335		posted on the senate website.
339	336		SECTION 3.14. ACCESS TO HOUSE OFFICES. A house member and
340	337		the member's staff may control access by the public to the member's
341	338		office and may exclude visitors from the office at their
342	339		discretion. If a person refuses to leave the member's office when
343	340		requested, the member may request assistance from the Department of
344	341		Public Safety.
345	342		SECTION 3.15. DPS PANIC BUTTONS. The Committee on House
346	343		Administration shall work with the Department of Public Safety to
347	344		ensure that each house office may request a panic button that the
348	345		house member and the member's staff may use to alert the department
349	346		to an emergency in the office. The member may reimburse the
350	347		Committee on House Administration for the cost of the panic button
351	348		equipment in monthly installments over the fiscal year.
352	349		SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES. The
353	350		Committee on House Administration shall adopt a policy that allows
354	351		members the use of house audio or visual resources. Use of house
355	352		audio or visual resources may only be prohibited for the following
356	353		reasons:
357	354		(1) the use is otherwise prohibited by law;
358	355		(2) the use maligns the reputation of an individual;
359	356		or
360	357		(3) the use is for political advertising, as defined
361	358		by Section 251.001, Election Code.
362	359		ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES
363	360		SECTION 4.01. DEFINITION. Unless expressly provided
364	361		otherwise, in this article "employee" means any person compensated
365	362		from funds appropriated to the house. The term includes persons for
366	363		whom the employing authority is the speaker, the Committee on House
367	364		Administration, an individual member, or a committee.
368	365		SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
369	366		EMPLOYEES OF THE HOUSE. (a) Officers of the house authorized to be
370	367		appointed under this section shall be appointed by and serve at the
371	368		pleasure of the speaker. Employees of the house responsible for
372	369		supervising the departments and divisions that support the
373	370		operation of the house shall also be appointed by and serve at the
374	371		pleasure of the speaker.
375	372		(a-1) The following are the officers of the house that shall
376	373		be appointed by the speaker under this section:
377	374		(1) Chief Clerk;
378	375		(2) Journal Clerk;
379	376		(3) Reading Clerks;
380	377		(4) Sergeant-at-Arms;
381	378		(5) Doorkeeper;
382	379		(6) Chaplain;
383	380		(7) Voting Clerk;
384	381		(8) Committee Coordinator;
385	382		(9) Parliamentarians (not more than two individuals);
386	383		and
387	384		(10) Executive Director, House Business Office.
388	385		(a-2) In addition to the officers listed in Subsection (a-1)
389	386		of this section, the speaker may also appoint a chief assistant to
390	387		any officer listed in Subsection (a-1) of this section. An
391	388		assistant appointed under this subsection is also an officer of the
392	389		house who serves at the pleasure of the speaker.
393	390		(b) The speaker shall have the right to discharge any
394	391		officer or supervisory administrative employee when the best
395	392		interest of the house of representatives would be served by so
396	393		doing.
397	394		(c) The authority to appoint and discharge officers and
398	395		supervisory administrative employees may be delegated to the
399	396		Committee on House Administration to the extent and for the length
400	397		of time the speaker determines.
401	398		(d) In the event of the absence, resignation, or death of
402	399		any officer or supervisory administrative employee the speaker may
403	400		designate a person to take charge of and attend to all the duties of
404	401		the office affected until the officer or employee returns or until a
405	402		successor is chosen.
406	403		SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The
407	404		Committee on House Administration shall employ all personnel
408	405		necessary for the operation of the house other than:
409	406		(1) those appointed under Section 4.02; or
410	407		(2) employees of an individual member or committee.
411	408		(b) For purposes of this article, the Committee on House
412	409		Administration is the employing authority for all house employees
413	410		other than those for whom the employing authority is the speaker, an
414	411		individual member, or a committee.
415	412		SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may
416	413		employ, with funds from the member's operating budget, such staff
417	414		as the member deems necessary.
418	415		SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
419	416		ASSISTANCE. (a) The Committee on House Administration shall
420	417		provide funds for the adequate staffing of all standing committees
421	418		of the house and all other committees appointed by the speaker.
422	419		(b) Select committees, interim study committees, standing
423	420		committees, or subcommittees appointed pursuant to the resolution
424	421		adopting the rules of the house or appointed by the speaker pursuant
425	422		to any other resolution may employ any person, firm, or
426	423		corporation, subject to budget limitations. Those committees or
427	424		subcommittees may ask for the assistance of any of the employees,
428	425		agencies, departments, or branches of the state government.
429	426		SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS.
430	427		(a) An employee shall be on duty on the days and hours determined by
431	428		the employing authority.
432	429		(b) All offices of the departments and divisions that
433	430		support the operations of the house shall be open on days and hours
434	431		determined by the Committee on House Administration or the speaker
435	432		and other hours that the house or its committees are in session.
436	433		SECTION 4.07. COMPENSATION. (a) Officers and supervisory
437	434		administrative employees of the house shall receive the
438	435		compensation that the speaker or Committee on House Administration
439	436		determines.
440	437		(b) The Committee on House Administration shall fix the
441	438		compensation of house personnel employed under Section 4.03. A
442	439		person employed under that section who is absent without leave
443	440		shall not receive compensation for the time missed.
444	441		(c) The salaries of employees of individual members,
445	442		committees, and the house shall begin when they are instructed to
446	443		start work by their respective employing authority.
447	444		(d) Except as provided by Subsections (e) and (f) of this
448	445		section, an employee of an individual member, a committee employee,
449	446		or any person, firm, or corporation employed by a committee or
450	447		subcommittee may not be paid a salary in excess of $5,280 for any
451	448		one month.
452	449		(e) A member may exempt one employee of the individual
453	450		member and, if the member is a chair of a standing or select
454	451		committee, one employee of the standing or select committee the
455	452		member chairs from the salary cap imposed by Subsection (d) of this
456	453		section. Each calendar year the member shall file with the
457	454		Committee on House Administration a statement designating the
458	455		exempt employee or employees, as appropriate. During a calendar
459	456		year after an exempt employee has been designated, the member may
460	457		exempt a different employee from the salary cap only if the employee
461	458		previously designated as exempt for the calendar year is no longer
462	459		employed by the member or committee, as appropriate. The exempt
463	460		employee may not receive compensation from the operating account of
464	461		any other committee or member.
465	462		(f) The Committee on House Administration may increase the
466	463		amount of the salary cap imposed by Subsection (d) of this section
467	464		to account for any increase in salary provided to all state
468	465		employees during the biennium that begins during the term of the
469	466		legislature to which this resolution applies.
470	467		SECTION 4.08. DUTIES. An employee shall perform all duties
471	468		directed by the employing authority.
472	469		SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee
473	470		may appear before a standing or select committee on a measure when
474	471		granted permission by majority vote of the committee.
475	472		SECTION 4.10. CHAMBER ACCESS. (a) An employee may not
476	473		enter the house chamber when the house is in session except when
477	474		performing official duties and specifically authorized by the
478	475		Committee on House Administration.
479	476		(b) An employee may not enter the area on the floor of the
480	477		house enclosed by the railing when the house is in session except
481	478		when specifically authorized by the Committee on House
482	479		Administration.
483	480		SECTION 4.11. VOTING. An employee may not cast a vote for a
484	481		member on the voting machine or otherwise.
485	482		SECTION 4.12. VOTING RECORDS. An employee may not compile
486	483		or release any information concerning the voting record of any
487	484		member of the house for any session of the legislature except when a
488	485		member requests information about that member's personal voting
489	486		record or when the information is for the journal or other official
490	487		records.
491	488		SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not
492	489		campaign or assist in the campaign of any candidate for speaker.
493	490		SECTION 4.14. POLITICAL INFLUENCE. An employee may not
494	491		attempt to, or aid anyone in an attempt to, influence any member of
495	492		the house in favor of or against any measure pending before the
496	493		legislature, either directly or indirectly, except when answering
497	494		questions or giving information at the request of a member of the
498	495		house.
499	496		SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
500	497		GIFTS. An employee may not receive, directly or indirectly, any
501	498		compensation, by gift or otherwise, from any other source, unless
502	499		specifically authorized by the employing authority.
503	500		SECTION 4.16. DISCHARGE. (a) The employing authority of an
504	501		employee shall have primary responsibility for overseeing and
505	502		discharging the employee. An employee is subject to immediate
506	503		discharge by the employing authority for violation of any section
507	504		of this article or any other applicable rule.
508	505		(b) An individual member or chair of a committee employing
509	506		an employee who violates any applicable section of this article or
510	507		any rule shall be advised of the violation by the chair of the
511	508		Committee on House Administration, and the employing authority
512	509		shall take appropriate action with regard to the employee in
513	510		question.
514	511		(c) In addition to being subject to immediate discharge by
515	512		the employing authority under Subsection (a) of this section, an
516	513		employee is subject to discharge by the chair of the Committee on
517	514		House Administration, with the approval of the committee, if:
518	515		(1) the employee is not needed and, if the employee is
519	516		employed in an individual member's office or by a committee, the
520	517		member or committee chair has resigned, is deceased, or is
521	518		incapacitated; or
522	519		(2) the employee is guilty of gross misconduct.
523	520		(d) The Committee on House Administration may authorize the
524	521		chair of the Committee on House Administration to conduct an
525	522		investigation into allegations of gross misconduct. The chair may,
526	523		with the approval of the committee, discharge or otherwise
527	524		discipline an employee of an individual member or committee if the
528	525		Committee on House Administration finds that the employee has
529	526		engaged in gross misconduct.
530	527		SECTION 4.17. DURATION OF EMPLOYMENT. The period of
531	528		employment of all employees shall be determined by the employing
532	529		authority, except that employees of all committees and of
533	530		individual members who are not members-elect of the next
534	531		legislature shall be terminated not later than noon on the day of
535	532		the convening of the next regular session.
536	533		SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
537	534		COMMITTEE. (a) Members may join in the employment of a research
538	535		assistant or assistants to be paid jointly from their operating
539	536		budgets. Unless expressly authorized by the provisions of this
540	537		resolution, the members who join together to sponsor such research
541	538		shall not constitute a committee, task force, or group to operate in
542	539		any official or quasi-official manner not specifically authorized
543	540		under the Rules of the House of Representatives.
544	541		(b) No person, firm, or corporation may be employed by more
545	542		than two committees or subcommittees.
546	543		SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job
547	544		title for each position shall be determined by the employing
548	545		authority. The employing authority and the house business office
549	546		shall classify each job title for accounting purposes according to
550	547		the following position classifications, unless otherwise
551	548		determined by the Committee on House Administration:
552	549		(a) Member Employees
553	550		1. Chief of Staff
554	551		2. General Counsel
555	552		3. Legislative Director
556	553		4. Legislative Assistant
557	554		5. Administrative Assistant
558	555		6. Special Project Coordinator
559	556		7. Intern
560	557		(b) Committee Employees
561	558		1. Committee General Counsel
562	559		2. Chief Committee Clerk
563	560		3. Committee Clerk
564	561		(c) Research Employees
565	562		1. Research Director
566	563		2. Research Assistant
567	564		3. Policy Analyst
568	565		ARTICLE 5. ACCOUNTING
569	566		SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each
570	567		member of the house shall be allocated funds for staff, office
571	568		supplies, office equipment, postage, printing, telephone, travel,
572	569		and such other reasonable and necessary office expenses as may be
573	570		determined by the Committee on House Administration.
574	571		(b) The manner in which funds are allocated, and the amounts
575	572		thereof, are as provided by this article.
576	573		SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who
577	574		served in the 86th [85th] Legislature shall have the following
578	575		operating accounts for the 87th [86th] Legislature:
579	576		(1) a Fiscal Year 21 [19] Operating Account (September
580	577		1, 2020 [2018], through August 31, 2021 [2019]);
581	578		(2) a Fiscal Year 22 [20] Operating Account (September
582	579		1, 2021 [2019], through August 31, 2022 [2020]); and
583	580		(3) a Fiscal Year 23 [21] Operating Account (September
584	581		1, 2022 [2020], through January 10, 2023 [12, 2021]).
585	582		(b) Each member who did not serve in the 86th [85th]
586	583		Legislature shall have the same operating accounts for the 87th
587	584		[86th] Legislature as a returning member under Subsection (a) of
588	585		this section except that the duration of the Fiscal Year 21 [19]
589	586		Operating Account is from January 12, 2021 [8, 2019], through
590	587		August 31, 2021 [2019].
591	588		(c) For each member who served in the 86th [85th]
592	589		Legislature, it shall not be necessary to close the member's Fiscal
593	590		Year 21 [19] Operating Account when the 87th [86th] Legislature
594	591		convenes.
595	592		SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each
596	593		member who did not serve in the 86th [85th] Legislature may have
597	594		credited to the member's Fiscal Year 21 [19] Operating Account the
598	595		amount of $2,000.
599	596		SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating
600	597		account shall be credited with $15,250 for each month that falls
601	598		wholly or partly during the regular legislative session or a
602	599		special legislative session. In any other month, each member's
603	600		operating account shall be credited with $13,500.
604	601		(b) The Committee on House Administration may provide to the
605		-	~~deans [~~dean] and the speaker pro tempore of the house additional
606		-	~~funds as~~ may be determined to be necessary for the duties of those
607		-	~~offices to~~ be fulfilled.
	602	+	dean and the speaker pro tempore of the house additional funds as
	603	+	may be determined to be necessary for the duties of those offices to
	604	+	be fulfilled.
608	605		(c) The Committee on House Administration may increase the
609	606		amount credited each month to each member's operating account in an
610	607		amount to allow for an increase in:
611	608		(1) the salary cap as provided by Section 4.07(f); or
612	609		(2) longevity pay as authorized by legislation.
613	610		SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE.
614	611		(a) On the third business day of each calendar month, the House
615	612		Business Office shall determine the available, unobligated balance
616	613		at the end of the preceding calendar month for each member's
617	614		operating account and each committee operating account. If the
618	615		House Business Office determines that a member's operating account
619	616		has a negative balance at the end of the preceding calendar month,
620	617		the office shall provide notice to the member and the member shall
621	618		deposit funds in the account equal to the negative balance not later
622	619		than the 10th business day after the date the member receives notice
623	620		of the deficit from the House Business Office; provided, however,
624	621		that if a member deposits funds in the member's operating account to
625	622		cover a negative balance under this subsection and the member later
626	623		has a positive balance in the member's operating account at the end
627	624		of a calendar month in the same fiscal year in which the member
628	625		deposited the funds to cover the negative balance, the member may
629	626		use the excess money in the member's operating account at that time
630	627		to reimburse the member in an amount not to exceed the amount the
631	628		member earlier deposited to cover the negative balance.
632	629		(b) A committee operating account may not operate at a
633	630		deficit.
634	631		(c) If a member is not a member-elect of the 88th [87th]
635	632		Legislature, the member's operating account may not operate at a
636	633		deficit after November 30, 2022 [2020].
637	634		SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal
638	635		Year 21 [19] Operating Account shall be closed as of August 31, 2021
639	636		[2019].
640	637		(b) Each member may carry forward and have credited to the
641	638		member's Fiscal Year 22 [20] Operating Account the unexpended
642	639		balance of the member's Fiscal Year 21 [19] Operating Account, not
643	640		to exceed $20,000. If the member is the chair of a committee, the
644	641		member may transfer and have credited to that committee's operating
645	642		account all or part of that unexpended balance, not to exceed
646	643		$20,000, and may have the remainder of that amount credited to the
647	644		member's Fiscal Year 22 [20] Operating Account.
648	645		(c) Each member's Fiscal Year 22 [20] Operating Account
649	646		shall be closed as of August 31, 2022 [2020].
650	647		(d) Each member may carry forward and have credited to the
651	648		member's Fiscal Year 23 [21] Operating Account the unexpended
652	649		balance of the member's Fiscal Year 22 [20] Operating Account, not
653	650		to exceed $20,000. If the member is the chair of a committee, the
654	651		member may transfer and have credited to that committee's operating
655	652		account all or part of that unexpended balance, not to exceed
656	653		$20,000, and may have the remainder of that amount credited to the
657	654		member's Fiscal Year 23 [21] Operating Account.
658	655		(e) A member who is the chair of a committee may not transfer
659	656		and have credited to that member's operating account any portion of
660	657		the unexpended balance of the committee's operating account.
661	658		SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All
662	659		expenditures shall be charged to the period in which they are
663	660		encumbered.
664	661		SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT CHARGED
665	662		TO OPERATING ACCOUNT. While the legislature is in session, the
666	663		travel expenses of members for one trip each week between Austin and
667	664		their districts and return shall not be charged against the
668	665		members' operating accounts but shall be paid from funds
669	666		appropriated for that purpose by the legislature.
670	667		SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to
671	668		be reimbursed for actual and necessary expenses incurred while
672	669		traveling outside Texas in the performance of legislative duties
673	670		and responsibilities. If the reimbursement is for travel inside
674	671		the conterminous United States, reimbursement is limited to twice
675	672		the amount that would be reimbursed to state employees for the same
676	673		travel under the comptroller's guidelines and rates governing
677	674		travel by state employees.
678	675		SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance
679	676		included in this resolution shall be expended except for actual
680	677		salaries or actual expenses of the house, its members, departments,
681	678		committees, and employees and for such other expenses as are
682	679		authorized by the Committee on House Administration.
683	680		(b) The Committee on House Administration may not authorize
684	681		any expenditures of funds for personal or political campaign
685	682		reasons.
686	683		(c) All expenditures authorized by this resolution shall be
687	684		paid from funds appropriated for the use of the house of
688	685		representatives by vouchers or other forms approved by the speaker
689	686		of the house and the Committee on House Administration.
690	687		SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
691	688		PROHIBITED. No public funds appropriated to the house or expended
692	689		by any house member, committee, or office may be spent or promised
693	690		to settle in whole or part a legal claim brought or threatened to be
694	691		brought against the house or a member, committee, office, or
695	692		employee of the house unless the settlement is made with the
696	693		participation and approval of the attorney general and notice of
697	694		any settlement is promptly given to the public.
698	695		ARTICLE 6. CAUCUSES
699	696		SECTION 6.01. DEFINITION. In this article, "caucus" means
700	697		an organization that is composed exclusively of members of the
701	698		legislature, that elects or appoints officers and recognizes
702	699		identified legislators as members of the organization, and that
703	700		exists for research and other support of policy development and
704	701		interests that the membership holds in common. An organization
705	702		whose only nonlegislator members are the lieutenant governor or the
706	703		governor remains a "caucus" for purposes of this section.
707	704		SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
708	705		FACILITIES. (a) Except as expressly authorized by this section,
709	706		funds appropriated to the house may not be expended in support of a
710	707		caucus, employees compensated from funds appropriated to the house
711	708		may not perform caucus activities, and state-owned equipment may
712	709		not be used in the performance of caucus activities.
713	710		(b) An individual member of the house may authorize the use
714	711		of state equipment assigned to the member's office and the
715	712		performance of caucus activities by an employee of the member only
716	713		if:
717	714		(1) the member determines that the activities support
718	715		the member's official duties;
719	716		(2) the caucus does not endorse or support a candidate
720	717		for public office; and
721	718		(3) the caucus does not accept contributions from
722	719		nonmembers that are in violation of Section 253.0341, Election
723	720		Code.
724	721		(c) A caucus may use the meeting rooms of the Capitol and
725	722		Capitol extension to conduct meetings of the caucus membership, to
726	723		host public forums on matters of interest to the caucus, or to
727	724		facilitate the work of the caucus or a caucus employee.
728	725		(d) An individual member may house, in the state office
729	726		space assigned to the member, caucus employees or equipment owned
730	727		by a caucus. A member may retain in the member's office a
731	728		telephone, facsimile machine, or computer owned by the caucus for
732	729		purposes of the member's communication with the caucus or caucus
733	730		employees.
734	731		(e) From space under the jurisdiction of the house, the
735	732		Committee on House Administration may assign:
736	733		(1) one office space and one parking space for use by
737	734		the Texas Republican Legislative Caucus; and
738	735		(2) one office space and one parking space for use by
739	736		the House Democratic Caucus.
740	737		SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf
741	738		of a caucus may not knowingly accept a contribution in violation of
742	739		Section 253.0341, Election Code.
743	740		(b) A person acting on behalf of a caucus may not knowingly
744	741		accept a contribution, and shall refuse a contribution that is
745	742		received, in the Capitol.
746	743		SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus
747	744		shall provide to the chief clerk, on a regular basis, a list of its
748	745		current membership and officers.
749	746		SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus
750	747		shall file a report of contributions and expenditures with the
751	748		Texas Ethics Commission as required by Section 254.0311, Election
752	749		Code.
753	750		ARTICLE 7. HOUSE RESEARCH ORGANIZATION
754	751		SECTION 7.01. ESTABLISHMENT. The Committee on House
755	752		Administration shall provide operating funds for a house research
756	753		organization that will be an administrative department of the house
757	754		and may for that purpose adopt policies and procedures relating to
758	755		the administrative operation of that organization.
759	756		SECTION 7.02. STEERING COMMITTEE. The functions and duties
760	757		performed by the house research organization shall be governed by a
761	758		15-member steering committee composed of house members serving
762	759		staggered four-year terms, who are subject to approval of the house
763	760		membership.
764	761		SECTION 7.03. BUDGET. The house research organization
765	762		shall have an operating account and in compliance with the terms of
766	763		its establishment shall operate under a budget approved by the
767	764		steering committee and the Committee on House Administration.
768	765		ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM
769	766		SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant
770	767		to the Legislative Reorganization Act of 1961 (Subchapter B,
771	768		Chapter 301, Government Code), standing committees of the house
772	769		established by the rules of the house may hold meetings while the
773	770		legislature is not in session.
774	771		(b) The speaker may grant authority to select committees,
775	772		interim study committees, subcommittees, or standing committees of
776	773		the house to hold meetings while the legislature is not in session
777	774		as the speaker considers necessary and desirable to conduct the
778	775		business of the house and to assist the speaker in conducting the
779	776		business of the house, under a pattern of operation and
780	777		restrictions determined by the rules of the house.
781	778		(c) The committee members and employees may either be
782	779		reimbursed for actual and necessary expenses or receive a per diem
783	780		not to exceed that provided by law for state officials or state
784	781		employees, along with mileage or other transportation expenses at
785	782		the same rate as provided by law for state officials or state
786	783		employees when conducting such business and attending those
787	784		meetings when approved by the Committee on House Administration.
788	785		SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
789	786		ADMINISTRATION DURING INTERIM. (a) When the legislature is not in
790	787		session, the Committee on House Administration may act as provided
791	788		by this section.
792	789		(b) The committee may call meetings for the transaction of
793	790		necessary business, and the committee members shall be reimbursed
794	791		for expenses incurred by them when attending such meetings or when
795	792		in performance of their duties as members of the Committee on House
796	793		Administration, the reimbursement to be either actual and necessary
797	794		expenses or a per diem not to exceed that provided by law for state
798	795		officials or state employees, along with mileage or other
799	796		transportation expenses at the same rate as provided by law for
800	797		state officials or state employees.
801	798		(c) The committee may reimburse authorized members and
802	799		employees for expenses incurred by them when traveling in the
803	800		performance of their legislative duties and responsibilities
804	801		within their respective districts or within any county in which any
805	802		part of their districts lie or from their districts to the State
806	803		Capitol, the reimbursement to be either actual and necessary
807	804		expenses or a per diem not to exceed that provided by law for state
808	805		officials or state employees, along with mileage or other
809	806		transportation expenses at the same rate as provided by law for
810	807		state officials or state employees.
811	808		(d) The committee may pay for all other reasonable and
812	809		necessary expenses, including operation of each member's district
813	810		office, incurred by the members of the house of representatives.
814	811		The expenses shall be paid from funds appropriated for that
815	812		purpose, or any other funds appropriated for the use of the house of
816	813		representatives, on vouchers or other forms approved by the chair
817	814		of the Committee on House Administration, in accordance with
818	815		regulations governing such expenditures.
819	816		(e) The committee may assign or reassign parking places in
820	817		the best interest of the house under such terms and conditions as
821	818		the committee deems necessary.
822	819		ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT
823	820		SECTION 9.01. PURPOSE. (a) The house finds that early
824	821		intervention is often the most effective way to resolve incidents
825	822		of inappropriate behavior and ensure appropriate workplace
826	823		conduct.
827	824		(b) The house encourages the prompt reporting of concerns
828	825		and complaints, as appropriate, so that constructive action can be
829	826		taken before the offensive conduct continues, escalates, or affects
830	827		others, and to ensure that a timely and thorough investigation can
831	828		occur if necessary.
832	829		(c) This article is adopted to further early intervention
833	830		and remediation of complaints and implements the house rules.
834	831		SECTION 9.02. TRAINING. (a) Each member, officer, and
835	832		employee is required to complete an interactive training program
836	833		related to preventing and resolving violations of the house rules,
837	834		this resolution, and house policy related to appropriate workplace
838	835		conduct that is approved every two years by the Committee on House
839	836		Administration. This training may be combined with training on
840	837		other employment-related topics such as employment discrimination
841	838		and workplace violence.
842	839		(b) The training must include specific information related
843	840		to the process for reporting violations of a house rule, this
844	841		resolution, and house policy related to appropriate workplace
845	842		conduct, for utilizing informal methods of resolving those
846	843		violations, and for filing formal complaints with the house or
847	844		another agency designated by law to receive those complaints.
848	845		(c) The training required by this section must be completed
849	846		not later than the 30th day after:
850	847		(1) the member qualifies;
851	848		(2) the officer is appointed; or
852	849		(3) the employee starts employment.
853	850		(d) A member, officer, or employee is required to complete a
854	851		subsequent approved interactive training program not later than
855	852		each biennial [the second] anniversary of the date the individual
856	853		was initially required to complete the training under Subsection
857	854		(c) of this section.
858	855		(e) The Committee on House Administration shall designate
859	856		an officer or supervisory administrative employee to keep accurate
860	857		records of each individual required to complete an approved
861	858		training program. The officer or employee shall make those records
862	859		available to the public.
863	860		SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
864	861		RESOLUTION. (a) An individual claiming to be aggrieved by a
865	862		violation of the house rules, this resolution, or house policy
866	863		related to appropriate workplace conduct may file a complaint with:
867	864		(1) the chair of the house general investigating
868	865		committee established under Section 301.017, Government Code, if
869	866		the individual whose complained-of conduct is an individual other
870	867		than the chair, the chair's employee, or an individual related to
871	868		the chair or the chair's employee within the third degree by
872	869		consanguinity or within the second degree by affinity as determined
873	870		under Chapter 573, Government Code; or
874	871		(2) the vice chair of the committee, if the individual
875	872		whose complained-of conduct is the chair of the committee, the
876	873		chair's employee, or an individual related to the chair or the
877	874		chair's employee within the third degree by consanguinity or within
878	875		the second degree by affinity as determined under Chapter 573,
879	876		Government Code.
880	877		(b) Any complaint must be substantially similar in form to
881	878		the requirements of Sections 21.201(b) and (c), Labor Code.
882	879		(c) Upon receipt of a complaint that meets the requirements
883	880		of Subsection (b) of this section, the receiving official may, with
884	881		the agreement of the parties, endeavor to address the alleged
885	882		violation by informal, voluntary, and confidential methods of
886	883		conference and conciliation.
887	884		(d) During the pendency of a complaint, the committee may
888	885		take any appropriate action to reduce the likelihood of a
889	886		complainant and respondent being in regular contact with each
890	887		other.
891	888		(e) The committee shall conduct an investigation of a
892	889		complaint, determine whether reasonable cause exists to believe
893	890		that the respondent violated a house rule, this resolution, or
894	891		house policy, and attempt to resolve the complaint through informal
895	892		or formal methods, as provided by committee rule. The committee's
896	893		rules must provide for a process substantially similar to the
897	894		process provided for the administrative review of complaints under
898	895		Subchapter E, Chapter 21, Labor Code, where applicable, and must
899	896		include a due process hearing by the committee before a report is
900	897		prepared under Subsection (h) of this section.
901	898		(f) If the respondent is a member of the house, the
902	899		committee's investigation must be conducted by a competent
903	900		individual who is not an officer, employee, or annuitant of state
904	901		government. The prohibition under this subsection does not apply to
905	902		a retired or former judge subject to assignment under Subchapter C,
906	903		Chapter 74, Government Code.
907	904		(g) The individual employed or compensated by the committee
908	905		under Subsection (f) of this section shall only perform the
909	906		investigative functions of determining facts and reporting those
910	907		facts to the committee and shall not perform any other functions
911	908		for, or provide other services to, the committee in connection with
912	909		a complaint.
913	910		(h) If the committee cannot resolve the complaint, the
914	911		committee shall determine whether the respondent violated a house
915	912		rule, this resolution, or house policy as alleged in a complaint and
916	913		shall prepare a report containing:
917	914		(1) the committee's findings of fact and conclusions
918	915		of law to support its final determination; and
919	916		(2) if the committee finds that the respondent
920	917		violated a house rule, this resolution, or house policy, a
921	918		recommendation for any discipline or remedial action, in proportion
922	919		to the seriousness of the conduct, necessary to prevent the
923	920		violation from occurring again.
924	921		(i) No committee report shall be made unless ordered by
925	922		two-thirds of the membership of the committee. If a committee
926	923		report is ordered, any member of the committee dissenting from the
927	924		views of the majority may file a minority report, which is not
928	925		subject to House Rule 4, Section 28. The minority report shall be
929	926		included with the majority report at each distribution. If the
930	927		committee is unable to agree on a recommendation for action or has
931	928		an insufficient number of votes to adopt the report prepared by the
932	929		committee, it shall submit a statement of this fact as its report.
933	930		The committee shall deliver a copy of its report to the complainant
934	931		and respondent and, if the respondent is:
935	932		(1) a member of the house, to the speaker and the chief
936	933		clerk;
937	934		(2) an officer of the house, to the speaker; and
938	935		(3) an employee of the house, to the employee's
939	936		employing authority as set out in this resolution.
940	937		(j) All proceedings on a complaint are completely
941	938		confidential, and information related to those proceedings may not
942	939		be released by any person unless authorized by committee rule or by
943	940		the house. Notices of committee hearings, minutes, and witness
944	941		lists required under the house rules shall be prepared as directed
945	942		by the Committee on House Administration to ensure that no
946	943		information is provided that would reasonably lead to the
947	944		identification of a complainant, respondent, or witness. If an
948	945		individual releases information made confidential by this section
949	946		without authorization, that individual is subject to sanction by
950	947		the house as authorized by Section 15, Article III, Texas
951	948		Constitution, or other law. Any report of the house general
952	949		investigating committee under this section is confidential until it
953	950		is ordered printed by the house or ordered released by the committee
954	951		if the house is not in session.
955	952		(k) To the extent of any conflict between this section and
956	953		Rule 4 of the House Rules, this section prevails.
957	954		ARTICLE 10. COMMITTEE GIFTS
958	955		SECTION 10.01. COMMITTEE GIFTS. (a) Subject to the
959	956		limitation in Subsection (b) of this section, a member of the house
960	957		may not offer, confer, or agree to confer to a committee member one
961	958		or more gifts per year with a total value of more than the amount of
962	959		the per diem set by the Texas Ethics Commission pursuant to Section
963	960		24a(e), Article III, Texas Constitution.
964	961		(b) If two or more members of the house join together to
965	962		offer, confer, or agree to confer to a committee chair or vice chair
966	963		one or more gifts per year, the total value of the gifts may not
967	964		exceed three times the amount of the per diem described in
968	965		Subsection (a) of this section.
969		-	Geren
970		-	______________________________
971		-	Speaker of the House
972		-	I certify that H.R. No. 3 was adopted by the House on January
973		-	13, 2021, by the following vote: Yeas 145, Nays 1, 1 present, not
974		-	voting.
975		-	______________________________
976		-	Chief Clerk of the House