Texas 2023 - 88th Regular

Texas House Bill HR3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.R. No. 3
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, That the following is adopted as the housekeeping resolution
7	7	for the House of Representatives of the 88th [87th] Legislature:
8	8	HOUSEKEEPING RESOLUTION FOR
9	9	THE HOUSE OF REPRESENTATIVES
10	10	OF THE TEXAS LEGISLATURE
11	11	TABLE OF CONTENTS
12	12	ARTICLE 1. GENERAL PROVISIONS 4
13	13	SECTION 1.01. PURPOSE 4
14	14	SECTION 1.02. PRECEDENCE 5
15	15	ARTICLE 2. SPEAKER OF THE HOUSE 5
16	16	SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 5
17	17	SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 5
18	18	SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
19	19	TRAINING SEMINARS 6
20	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 PHOTOGRAPH12
34	34	SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING
35	35	MEMBERS12
36	36	SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE13
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 RESOURCES14
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 PERSONNEL16
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	51	SECTION 4.07. COMPENSATION17
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	57	SECTION 4.13. CAMPAIGN FOR SPEAKER19
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	66	ARTICLE 5. ACCOUNTING22
67	67	SECTION 5.01. FUNDING OF OFFICE OPERATIONS22
68	68	SECTION 5.02. OPERATING ACCOUNTS22
69	69	SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS23
70	70	SECTION 5.04. MONTHLY CREDIT23
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	77	SECTION 5.09. APPROVAL OF EXPENDITURES26
78	78	SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
79	79	PROHIBITED26
80	80	SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
81	81	PROHIBITED26
82	82	ARTICLE 6. CAUCUSES27
83	83	SECTION 6.01. DEFINITION27
84	84	SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
85	85	FACILITIES27
86	86	SECTION 6.03. CONTRIBUTIONS28
87	87	SECTION 6.04. MEMBERSHIP AND OFFICER LISTS29
88	88	SECTION 6.05. REPORT TO ETHICS COMMISSION29
89	89	ARTICLE 7. HOUSE RESEARCH ORGANIZATION29
90	90	SECTION 7.01. ESTABLISHMENT29
91	91	SECTION 7.02. STEERING COMMITTEE29
92	92	SECTION 7.03. BUDGET29
93	93	ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM29
94	94	SECTION 8.01. INTERIM COMMITTEE ACTIVITIES29
95	95	SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
96	96	ADMINISTRATION DURING INTERIM30
97	97	ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT31
98	98	SECTION 9.01. PURPOSE31
99	99	SECTION 9.02. TRAINING32
100	100	SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
101	101	RESOLUTION33
102	102	ARTICLE 10. COMMITTEE GIFTS36
103	103	SECTION 10.01. COMMITTEE GIFTS36
104	104	ARTICLE 1. GENERAL PROVISIONS
105	105	SECTION 1.01. PURPOSE. This resolution is adopted by the
106	106	members of the House of Representatives of the 88th [87th]
107	107	Legislature to provide for the efficient and orderly operation of
108	108	the house under the supervision of the speaker and the Committee on
109	109	House Administration.
110	110	SECTION 1.02. PRECEDENCE. The provisions of this
111	111	resolution take precedence over the provisions of any resolution
112	112	not passed in full compliance with the rules of the house and,
113	113	except as otherwise noted herein, shall be in effect during the full
114	114	term of the 88th [87th] Legislature whether in session or
115	115	adjournment.
116	116	ARTICLE 2. SPEAKER OF THE HOUSE
117	117	SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The
118	118	speaker may make any expenditures or transfers and perform any
119	119	function deemed necessary for the effective and efficient operation
120	120	of the house of representatives.
121	121	SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The
122	122	speaker's apartment and offices shall be set aside for the use of
123	123	the speaker, the speaker's family, and house members, as the
124	124	speaker may designate, throughout the speaker's term of office.
125	125	(b) The Committee on House Administration may make the
126	126	necessary expenditures to operate and properly equip and service
127	127	the speaker's apartment and offices and may employ such help as may
128	128	be necessary to properly maintain and care for the apartment and
129	129	offices.
130	130	(c) The speaker and the speaker's family may occupy the
131	131	speaker's apartment during the speaker's term of office, utilizing
132	132	the services of employees of the house and others on a temporary
133	133	basis, if and as needed.
134	134	(d) The speaker may obtain through the Committee on House
135	135	Administration the necessary supplies and services to operate the
136	136	speaker's office and may also have paid through that committee
137	137	necessary telephone charges.
138	138	SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
139	139	TRAINING SEMINARS. (a) The speaker may attend any meetings of or
140	140	sponsored by the Council of State Governments and any meetings on
141	141	problems of federal-state relations and interstate relations and
142	142	cooperation, and any other governmental meeting in or outside the
143	143	state.
144	144	(b) The speaker may appoint members of the house, staff
145	145	members, and other employees of the house to accompany or represent
146	146	the speaker at these meetings or to attend in-service training
147	147	courses sponsored by the Council of State Governments or the
148	148	National Conference of State Legislatures or similar training
149	149	courses, conferences, or seminars as the speaker may determine.
150	150	(c) Members of the house attending meetings under this
151	151	section while the legislature is in session may be reimbursed for
152	152	actual and necessary expenses. Members of the house attending
153	153	meetings under this section while the legislature is not in session
154	154	and staff members and other employees of the house attending
155	155	meetings at any time under this section may be reimbursed for either
156	156	actual and necessary expenses or receive a per diem not to exceed
157	157	that provided by law for state officials or state employees. In
158	158	addition, members, staff, and other employees attending meetings
159	159	under this section may be reimbursed for mileage or other
160	160	transportation expenses at the same rate as provided by law for
161	161	state officials or state employees together with registration fees
162	162	and tuition. To receive payment under this subsection, sworn
163	163	expense accounts must be filed with and approved by the chair of the
164	164	Committee on House Administration or an officer of the house
165	165	designated in writing by the Committee on House Administration.
166	166	Prior written approval of the chair of the Committee on House
167	167	Administration to attend any such meetings, conferences, seminars,
168	168	or training courses is a prerequisite for reimbursement for travel
169	169	and other related expenses.
170	170	(d) Reimbursement for expenses incurred by a member, staff
171	171	member, or employee of the house in an appointive capacity
172	172	resulting from an appointment made by anyone other than the speaker
173	173	shall be made only in the event that the appointment and expenses to
174	174	be incurred have been previously approved in writing by the
175	175	Committee on House Administration.
176	176	(e) The speaker may expend money for memberships in
177	177	interstate associations of legislators considered necessary to
178	178	discharge properly the duties and responsibilities of the office of
179	179	speaker.
180	180	SECTION 2.04. DEANS. The speaker shall recognize as deans
181	181	both the male member and the female member having the greatest
182	182	seniority based on cumulative years of service in the house.
183	183	ARTICLE 3. GENERAL POWERS AND DUTIES OF THE
184	184	COMMITTEE ON HOUSE ADMINISTRATION
185	185	SECTION 3.01. CONTRACTS. The Committee on House
186	186	Administration shall approve all contracts necessary for the
187	187	effective operation of the divisions of the house and its
188	188	committees.
189	189	SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The
190	190	Committee on House Administration shall consider and adopt
191	191	operating budgets that cover both session and interim periods for
192	192	the divisions of the house and all committees appointed pursuant to
193	193	the resolution adopting the rules of the house or appointed by the
194	194	speaker pursuant to any other resolution. A budget adopted by the
195	195	Committee on House Administration must be adopted in a public
196	196	hearing. Each requested operating budget and each operating budget
197	197	proposed for adoption must be posted on the Internet website of the
198	198	committee in advance of the hearing.
199	199	SECTION 3.03. OPERATING POLICIES. The Committee on House
200	200	Administration shall effectuate policies and determine guidelines
201	201	for the operation of the divisions and committees of the house.
202	202	SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House
203	203	Administration shall prepare and distribute to all members, within
204	204	60 days after the convening of the regular session, policy
205	205	statements to include, but not be limited to, policies pertaining
206	206	to members as a class.
207	207	SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The
208	208	Committee on House Administration shall:
209	209	(1) provide and maintain for the use of the speaker,
210	210	members, employees, divisions, and committees of the house such
211	211	stationery, stamps, office equipment, furniture, fixtures,
212	212	supplies, and telephone and other services as may be necessary;
213	213	(2) keep an itemized account of the quantity and cost
214	214	of every kind of material received, and the source from which it was
215	215	received;
216	216	(3) maintain an annual operating account for each
217	217	member, division, and committee authorized by the Committee on
218	218	House Administration to make expenditures and charge each operating
219	219	account with daily expenditures, withdrawals from inventory, and
220	220	interdepartmental services;
221	221	(4) furnish a monthly statement for the expenditures
222	222	of each member, division, and committee of the house; and
223	223	(5) adopt any rules, regulations, and policies
224	224	necessary to effectively provide and account for the
225	225	above-mentioned services.
226	226	SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES;
227	227	ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The
228	228	Committee on House Administration shall:
229	229	(1) be in charge of and provide for the protection,
230	230	maintenance, and use of the hall of the house, all committee rooms,
231	231	offices of members and house departments, the speaker's office and
232	232	apartment, and other space under the jurisdiction of the house;
233	233	(2) make permanent assignments of desks and offices to
234	234	members of the house;
235	235	(3) adopt and enforce a plan for the parking of motor
236	236	vehicles on the portion of the Capitol grounds under house
237	237	jurisdiction;
238	238	(4) be in charge of and provide for the protection,
239	239	maintenance, and use of the furniture, fixtures, equipment, and
240	240	records of the house;
241	241	(5) purchase, remodel, repair, restore, or replace any
242	242	furniture, fixtures, equipment, and other furnishings to maintain
243	243	the dignity and appearance of space occupied by the house;
244	244	(6) in consultation with the State Preservation Board,
245	245	identify and establish a space that provides privacy, security, a
246	246	water faucet, and a power outlet, within or near the hall of the
247	247	house for use for breastfeeding or breast pumping by house members
248	248	and employees of the house or media representatives entitled to the
249	249	privileges of the floor when the house is in session; and
250	250	(7) determine the hours the hall of the house shall be
251	251	open to visitors.
252	252	(b) Any member who is not a member-elect of the 89th [88th]
253	253	Legislature shall vacate the member's office space before December
254	254	1, 2024 [2022]. If the office is not vacated on that date, the
255	255	Committee on House Administration shall immediately remove the
256	256	member's personal effects and store them in an appropriate place in
257	257	order that the member-elect to whom the office space is assigned may
258	258	move in. The Committee on House Administration shall ensure that
259	259	each member-elect of the 89th [88th] Legislature who was not a
260	260	member of the 88th [87th] Legislature is permitted to move into and
261	261	begin using the member-elect's office space at least 72 hours
262	262	before the time the 89th [88th] Legislature is scheduled to
263	263	convene.
264	264	SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
265	265	COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House
266	266	Administration shall:
267	267	(1) have completed and preserved the official records
268	268	of the house;
269	269	(2) have charge of and approve the operation and
270	270	maintenance of the printing and duplicating facilities of the
271	271	house, provided, however, that the use of the house printing and
272	272	duplicating facilities is restricted to agencies of the legislative
273	273	branch and any other operation thereof is strictly prohibited
274	274	unless previously authorized in writing by the Committee on House
275	275	Administration or an officer of the house designated in writing by
276	276	the speaker;
277	277	(3) determine the number of copies of the daily House
278	278	Journal to be printed and have jurisdiction over the mailing and
279	279	distribution of the daily journal; and
280	280	(4) determine the number of copies of the House
281	281	Journal that will be furnished to each member for distribution by
282	282	the member.
283	283	(b) The employee in charge of the printing facilities must
284	284	keep at least one copy of all items printed or duplicated and a copy
285	285	of the work order authorizing such printing.
286	286	(c) Copies of bills, resolutions, and attachments thereto
287	287	shall be made available free of charge to members of the house who
288	288	call at the bill distribution office and request them, and the cost
289	289	of these copies shall be paid from funds appropriated for that
290	290	purpose by the legislature. If the Committee on House
291	291	Administration finds gross abuse of this privilege, it may
292	292	establish a policy regarding such distribution.
293	293	SECTION 3.08. HONORARY CERTIFICATES. The Committee on
294	294	House Administration shall provide for the use of members
295	295	appropriate certificates to commend, congratulate, and
296	296	memorialize. Such certificates shall be printed with a signature
297	297	line for the name of the presenting member and adequate space for
298	298	insertion of the name of the individual or organization to be
299	299	honored.
300	300	SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on
301	301	House Administration shall select a suitable photographer to take
302	302	individual photographs of each member. The photographer shall
303	303	prepare a composite photograph of the members of the house composed
304	304	of the individual photographs of each member arranged on a panel, of
305	305	the same size as used in previous sessions, in such manner as to
306	306	approximate the location of each member's desk on the house floor.
307	307	The member's name and the county of residence shall be printed under
308	308	the member's photograph, and the composite shall be framed and hung
309	309	in the hall of the house during the regular session.
310	310	(b) The photographs for the composite panel shall be
311	311	provided without cost to the members, and the expense of the
312	312	composite panel shall be paid from the expense fund of the house.
313	313	(c) The Committee on House Administration shall establish,
314	314	with concurrence of the photographer, a price to charge members for
315	315	any prints of photographs they wish to purchase.
316	316	SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS.
317	317	If a person is serving as a temporary acting member of the house
318	318	under Section 72, Article XVI, Texas Constitution, in the place of a
319	319	house member on active military duty, the Committee on House
320	320	Administration, with the approval of the speaker and in
321	321	consultation with the temporary acting member and, if available,
322	322	the member on military duty, may adopt policies regarding a
323	323	temporary acting member that the committee considers necessary for
324	324	the efficient administration and performance of the duties of the
325	325	house consistent with this resolution, the rules of the house, and
326	326	the Texas Constitution.
327	327	SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. The
328	328	Committee on House Administration shall direct the State
329	329	Preservation Board to maintain the permanent display of the motto
330	330	"In God We Trust" on the face of the portico located over the
331	331	speaker's podium.
332	332	SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on
333	333	House Administration, in coordination with the State Preservation
334	334	Board, shall implement a program for recycling paper, plastic, and
335	335	other recyclable materials from house offices.
336	336	SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE.
337	337	The Committee on House Administration shall provide for the posting
338	338	of all notices for hearings of joint committees of the house and
339	339	senate on the house website regardless of whether the notice is
340	340	posted on the senate website.
341	341	SECTION 3.14. ACCESS TO HOUSE OFFICES. A house member and
342	342	the member's staff may control access by the public to the member's
343	343	office and may exclude visitors from the office at their
344	344	discretion. If a person refuses to leave the member's office when
345	345	requested, the member may request assistance from the Department of
346	346	Public Safety.
347	347	SECTION 3.15. DPS PANIC BUTTONS. The Committee on House
348	348	Administration shall work with the Department of Public Safety to
349	349	ensure that each house office may request a panic button that the
350	350	house member and the member's staff may use to alert the department
351	351	to an emergency in the office. The member may reimburse the
352	352	Committee on House Administration for the cost of the panic button
353	353	equipment in monthly installments over the fiscal year.
354	354	SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES. The
355	355	Committee on House Administration shall adopt a policy that allows
356	356	members the use of house audio or visual resources. Use of house
357	357	audio or visual resources may only be prohibited for the following
358	358	reasons:
359	359	(1) the use is otherwise prohibited by law;
360	360	(2) the use maligns the reputation of an individual;
361	361	or
362	362	(3) the use is for political advertising, as defined
363	363	by Section 251.001, Election Code.
364	364	ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES
365	365	SECTION 4.01. DEFINITION. Unless expressly provided
366	366	otherwise, in this article "employee" means any person compensated
367	367	from funds appropriated to the house. The term includes persons for
368	368	whom the employing authority is the speaker, the Committee on House
369	369	Administration, an individual member, or a committee.
370	370	SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
371	371	EMPLOYEES OF THE HOUSE. (a) Officers of the house authorized to be
372	372	appointed under this section shall be appointed by and serve at the
373	373	pleasure of the speaker. Employees of the house responsible for
374	374	supervising the departments and divisions that support the
375	375	operation of the house shall also be appointed by and serve at the
376	376	pleasure of the speaker.
377	377	(a-1) The following are the officers of the house that shall
378	378	be appointed by the speaker under this section:
379	379	(1) Chief Clerk;
380	380	(2) Journal Clerk;
381	381	(3) Reading Clerks;
382	382	(4) Sergeant-at-Arms;
383	383	(5) Doorkeeper;
384	384	(6) Chaplain;
385	385	(7) Voting Clerk;
386	386	(8) Committee Coordinator;
387	387	(9) Parliamentarians (not more than two individuals);
388	388	and
389	389	(10) Executive Director, House Business Office.
390	390	(a-2) In addition to the officers listed in Subsection (a-1)
391	391	of this section, the speaker may also appoint a chief assistant to
392	392	any officer listed in Subsection (a-1) of this section. An
393	393	assistant appointed under this subsection is also an officer of the
394	394	house who serves at the pleasure of the speaker.
395	395	(b) The speaker shall have the right to discharge any
396	396	officer or supervisory administrative employee when the best
397	397	interest of the house of representatives would be served by so
398	398	doing.
399	399	(c) The authority to appoint and discharge officers and
400	400	supervisory administrative employees may be delegated to the
401	401	Committee on House Administration to the extent and for the length
402	402	of time the speaker determines.
403	403	(d) In the event of the absence, resignation, or death of
404	404	any officer or supervisory administrative employee the speaker may
405	405	designate a person to take charge of and attend to all the duties of
406	406	the office affected until the officer or employee returns or until a
407	407	successor is chosen.
408	408	SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The
409	409	Committee on House Administration shall employ all personnel
410	410	necessary for the operation of the house other than:
411	411	(1) those appointed under Section 4.02; or
412	412	(2) employees of an individual member or committee.
413	413	(b) For purposes of this article, the Committee on House
414	414	Administration is the employing authority for all house employees
415	415	other than those for whom the employing authority is the speaker, an
416	416	individual member, or a committee.
417	417	SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may
418	418	employ, with funds from the member's operating budget, such staff
419	419	as the member deems necessary.
420	420	SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
421	421	ASSISTANCE. (a) The Committee on House Administration shall
422	422	provide funds for the adequate staffing of all standing committees
423	423	of the house and all other committees appointed by the speaker.
424	424	(b) Select committees, interim study committees, standing
425	425	committees, or subcommittees appointed pursuant to the resolution
426	426	adopting the rules of the house or appointed by the speaker pursuant
427	427	to any other resolution may employ any person, firm, or
428	428	corporation, subject to budget limitations. Those committees or
429	429	subcommittees may ask for the assistance of any of the employees,
430	430	agencies, departments, or branches of the state government.
431	431	SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS.
432	432	(a) An employee shall be on duty on the days and hours determined by
433	433	the employing authority.
434	434	(b) All offices of the departments and divisions that
435	435	support the operations of the house shall be open on days and hours
436	436	determined by the Committee on House Administration or the speaker
437	437	and other hours that the house or its committees are in session.
438	438	SECTION 4.07. COMPENSATION. (a) Officers and supervisory
439	439	administrative employees of the house shall receive the
440	440	compensation that the speaker or Committee on House Administration
441	441	determines.
442	442	(b) The Committee on House Administration shall fix the
443	443	compensation of house personnel employed under Section 4.03. A
444	444	person employed under that section who is absent without leave
445	445	shall not receive compensation for the time missed.
446	446	(c) The salaries of employees of individual members,
447	447	committees, and the house shall begin when they are instructed to
448	448	start work by their respective employing authority.
449	449	(d) Except as provided by Subsections (e) and (f) of this
450	450	section, an employee of an individual member, a committee employee,
451	451	or any person, firm, or corporation employed by a committee or
452	452	subcommittee may not be paid a salary in excess of $6,780 [$5,280]
453	453	for any one month.
454	454	(e) A member may exempt one employee of the individual
455	455	member and, if the member is a chair of a standing or select
456	456	committee, one employee of the standing or select committee the
457	457	member chairs from the salary cap imposed by Subsection (d) of this
458	458	section. Each calendar year the member shall file with the
459	459	Committee on House Administration a statement designating the
460	460	exempt employee or employees, as appropriate. During a calendar
461	461	year after an exempt employee has been designated, the member may
462	462	exempt a different employee from the salary cap only if the employee
463	463	previously designated as exempt for the calendar year is no longer
464	464	employed by the member or committee, as appropriate. The exempt
465	465	employee may not receive compensation from the operating account of
466	466	any other committee or member.
467	467	(f) The Committee on House Administration may increase the
468	468	amount of the salary cap imposed by Subsection (d) of this section
469	469	to account for any increase in salary provided to all state
470	470	employees during the biennium that begins during the term of the
471	471	legislature to which this resolution applies.
472	472	SECTION 4.08. DUTIES. An employee shall perform all duties
473	473	directed by the employing authority.
474	474	SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee
475	475	may appear before a standing or select committee on a measure when
476	476	granted permission by majority vote of the committee.
477	477	SECTION 4.10. CHAMBER ACCESS. (a) An employee may not
478	478	enter the house chamber when the house is in session except when
479	479	performing official duties and specifically authorized by the
480	480	Committee on House Administration.
481	481	(b) An employee may not enter the area on the floor of the
482	482	house enclosed by the railing when the house is in session except
483	483	when specifically authorized by the Committee on House
484	484	Administration.
485	485	SECTION 4.11. VOTING. An employee may not cast a vote for a
486	486	member on the voting machine or otherwise.
487	487	SECTION 4.12. VOTING RECORDS. An employee may not compile
488	488	or release any information concerning the voting record of any
489	489	member of the house for any session of the legislature except when a
490	490	member requests information about that member's personal voting
491	491	record or when the information is for the journal or other official
492	492	records.
493	493	SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not
494	494	campaign or assist in the campaign of any candidate for speaker.
495	495	SECTION 4.14. POLITICAL INFLUENCE. An employee may not
496	496	attempt to, or aid anyone in an attempt to, influence any member of
497	497	the house in favor of or against any measure pending before the
498	498	legislature, either directly or indirectly, except when answering
499	499	questions or giving information at the request of a member of the
500	500	house.
501	501	SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
502	502	GIFTS. An employee may not receive, directly or indirectly, any
503	503	compensation, by gift or otherwise, from any other source, unless
504	504	specifically authorized by the employing authority.
505	505	SECTION 4.16. DISCHARGE. (a) The employing authority of an
506	506	employee shall have primary responsibility for overseeing and
507	507	discharging the employee. An employee is subject to immediate
508	508	discharge by the employing authority for violation of any section
509	509	of this article or any other applicable rule.
510	510	(b) An individual member or chair of a committee employing
511	511	an employee who violates any applicable section of this article or
512	512	any rule shall be advised of the violation by the chair of the
513	513	Committee on House Administration, and the employing authority
514	514	shall take appropriate action with regard to the employee in
515	515	question.
516	516	(c) In addition to being subject to immediate discharge by
517	517	the employing authority under Subsection (a) of this section, an
518	518	employee is subject to discharge by the chair of the Committee on
519	519	House Administration, with the approval of the committee, if:
520	520	(1) the employee is not needed and, if the employee is
521	521	employed in an individual member's office or by a committee, the
522	522	member or committee chair has resigned, is deceased, or is
523	523	incapacitated; or
524	524	(2) the employee is guilty of gross misconduct.
525	525	(d) The Committee on House Administration may authorize the
526	526	chair of the Committee on House Administration to conduct an
527	527	investigation into allegations of gross misconduct. The chair may,
528	528	with the approval of the committee, discharge or otherwise
529	529	discipline an employee of an individual member or committee if the
530	530	Committee on House Administration finds that the employee has
531	531	engaged in gross misconduct.
532	532	SECTION 4.17. DURATION OF EMPLOYMENT. The period of
533	533	employment of all employees shall be determined by the employing
534	534	authority, except that employees of all committees and of
535	535	individual members who are not members-elect of the next
536	536	legislature shall be terminated not later than noon on the day of
537	537	the convening of the next regular session.
538	538	SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
539	539	COMMITTEE. (a) Members may join in the employment of a research
540	540	assistant or assistants to be paid jointly from their operating
541	541	budgets. Unless expressly authorized by the provisions of this
542	542	resolution, the members who join together to sponsor such research
543	543	shall not constitute a committee, task force, or group to operate in
544	544	any official or quasi-official manner not specifically authorized
545	545	under the Rules of the House of Representatives.
546	546	(b) No person, firm, or corporation may be employed by more
547	547	than two committees or subcommittees.
548	548	SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job
549	549	title for each position shall be determined by the employing
550	550	authority. The employing authority and the house business office
551	551	shall classify each job title for accounting purposes according to
552	552	the following position classifications, unless otherwise
553	553	determined by the Committee on House Administration:
554	554	(a) Member Employees
555	555	1. Chief of Staff
556	556	2. General Counsel
557	557	3. Legislative Director
558	558	4. Legislative Assistant
559	559	5. Administrative Assistant
560	560	6. Special Project Coordinator
561	561	7. Intern
562	562	(b) Committee Employees
563	563	1. Committee General Counsel
564	564	2. Chief Committee Clerk
565	565	3. Committee Clerk
566	566	(c) Research Employees
567	567	1. Research Director
568	568	2. Research Assistant
569	569	3. Policy Analyst
570	570	ARTICLE 5. ACCOUNTING
571	571	SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each
572	572	member of the house shall be allocated funds for staff, office
573	573	supplies, office equipment, postage, printing, telephone, travel,
574	574	and such other reasonable and necessary office expenses as may be
575	575	determined by the Committee on House Administration.
576	576	(b) The manner in which funds are allocated, and the amounts
577	577	thereof, are as provided by this article.
578	578	SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who
579	579	served in the 87th [86th] Legislature shall have the following
580	580	operating accounts for the 88th [87th] Legislature:
581	581	(1) a Fiscal Year 23 [21] Operating Account (September
582	582	1, 2022 [2020], through August 31, 2023 [2021]);
583	583	(2) a Fiscal Year 24 [22] Operating Account (September
584	584	1, 2023 [2021], through August 31, 2024 [2022]); and
585	585	(3) a Fiscal Year 25 [23] Operating Account (September
586	586	1, 2024 [2022], through January 14, 2025 [10, 2023]).
587	587	(b) Each member who did not serve in the 87th [86th]
588	588	Legislature shall have the same operating accounts for the 88th
589	589	[87th] Legislature as a returning member under Subsection (a) of
590	590	this section except that the duration of the Fiscal Year 23 [21]
591	591	Operating Account is from January 10, 2023 [12, 2021], through
592	592	August 31, 2023 [2021].
593	593	(c) For each member who served in the 87th [86th]
594	594	Legislature, it shall not be necessary to close the member's Fiscal
595	595	Year 23 [21] Operating Account when the 88th [87th] Legislature
596	596	convenes.
597	597	SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each
598	598	member who did not serve in the 87th [86th] Legislature may have
599	599	credited to the member's Fiscal Year 23 [21] Operating Account the
600	600	amount of $2,000.
601	601	SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating
602	602	account shall be credited with $19,250 [$15,250] for each month
603	603	that falls wholly or partly during the regular legislative session
604	604	or a special legislative session. In any other month, each member's
605	605	operating account shall be credited with $17,500 [$13,500].
606	606	(b) The Committee on House Administration may provide to the
607	607	deans and the speaker pro tempore of the house additional funds as
608	608	may be determined to be necessary for the duties of those offices to
609	609	be fulfilled.
610	610	(c) The Committee on House Administration may increase the
611	611	amount credited each month to each member's operating account in an
612	612	amount to allow for an increase in:
613	613	(1) the salary cap as provided by Section 4.07(f); or
614	614	(2) longevity pay as authorized by legislation.
615	615	SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE.
616	616	(a) On the third business day of each calendar month, the House
617	617	Business Office shall determine the available, unobligated balance
618	618	at the end of the preceding calendar month for each member's
619	619	operating account and each committee operating account. If the
620	620	House Business Office determines that a member's operating account
621	621	has a negative balance at the end of the preceding calendar month,
622	622	the office shall provide notice to the member and the member shall
623	623	deposit funds in the account equal to the negative balance not later
624	624	than the 10th business day after the date the member receives notice
625	625	of the deficit from the House Business Office; provided, however,
626	626	that if a member deposits funds in the member's operating account to
627	627	cover a negative balance under this subsection and the member later
628	628	has a positive balance in the member's operating account at the end
629	629	of a calendar month in the same fiscal year in which the member
630	630	deposited the funds to cover the negative balance, the member may
631	631	use the excess money in the member's operating account at that time
632	632	to reimburse the member in an amount not to exceed the amount the
633	633	member earlier deposited to cover the negative balance.
634	634	(b) A committee operating account may not operate at a
635	635	deficit.
636	636	(c) If a member is not a member-elect of the 89th [88th]
637	637	Legislature, the member's operating account may not operate at a
638	638	deficit after November 30, 2024 [2022].
639	639	SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal
640	640	Year 23 [21] Operating Account shall be closed as of August 31, 2023
641	641	[2021].
642	642	(b) Each member may carry forward and have credited to the
643	643	member's Fiscal Year 24 [22] Operating Account the unexpended
644	644	balance of the member's Fiscal Year 23 [21] Operating Account, not
645	645	to exceed $20,000. If the member is the chair of a committee, the
646	646	member may transfer and have credited to that committee's operating
647	647	account all or part of that unexpended balance, not to exceed
648	648	$20,000, and may have the remainder of that amount credited to the
649	649	member's Fiscal Year 24 [22] Operating Account.
650	650	(c) Each member's Fiscal Year 24 [22] Operating Account
651	651	shall be closed as of August 31, 2024 [2022].
652	652	(d) Each member may carry forward and have credited to the
653	653	member's Fiscal Year 25 [23] Operating Account the unexpended
654	654	balance of the member's Fiscal Year 24 [22] Operating Account, not
655	655	to exceed $20,000. If the member is the chair of a committee, the
656	656	member may transfer and have credited to that committee's operating
657	657	account all or part of that unexpended balance, not to exceed
658	658	$20,000, and may have the remainder of that amount credited to the
659	659	member's Fiscal Year 25 [23] Operating Account.
660	660	(e) A member who is the chair of a committee may not transfer
661	661	and have credited to that member's operating account any portion of
662	662	the unexpended balance of the committee's operating account.
663	663	SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All
664	664	expenditures shall be charged to the period in which they are
665	665	encumbered.
666	666	SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT CHARGED
667	667	TO OPERATING ACCOUNT. While the legislature is in session, the
668	668	travel expenses of members for one trip each week between Austin and
669	669	their districts and return shall not be charged against the
670	670	members' operating accounts but shall be paid from funds
671	671	appropriated for that purpose by the legislature.
672	672	SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to
673	673	be reimbursed for actual and necessary expenses incurred while
674	674	traveling outside Texas in the performance of legislative duties
675	675	and responsibilities. If the reimbursement is for travel inside
676	676	the conterminous United States, reimbursement is limited to twice
677	677	the amount that would be reimbursed to state employees for the same
678	678	travel under the comptroller's guidelines and rates governing
679	679	travel by state employees.
680	680	SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance
681	681	included in this resolution shall be expended except for actual
682	682	salaries or actual expenses of the house, its members, departments,
683	683	committees, and employees and for such other expenses as are
684	684	authorized by the Committee on House Administration.
685	685	(b) The Committee on House Administration may not authorize
686	686	any expenditures of funds for personal or political campaign
687	687	reasons.
688	688	(c) All expenditures authorized by this resolution shall be
689	689	paid from funds appropriated for the use of the house of
690	690	representatives by vouchers or other forms approved by the speaker
691	691	of the house and the Committee on House Administration.
692	692	SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
693	693	PROHIBITED. No public funds appropriated to the house or expended
694	694	by any house member, committee, or office may be spent or promised
695	695	to settle in whole or part a legal claim brought or threatened to be
696	696	brought against the house or a member, committee, office, or
697	697	employee of the house unless the settlement is made with the
698	698	participation and approval of the attorney general and notice of
699	699	any settlement is promptly given to the public.
700	700	SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
701	701	PROHIBITED. Pursuant to Section 51, Article III, Texas
702	702	Constitution, house resources may be used only for a public
703	703	purpose. A house member, committee, officer, or employee may not
704	704	use or direct the use of any house resources to further any
705	705	political purpose. In this section, "house resources" includes
706	706	appropriated funds, property, services, personnel, or any other
707	707	thing of value belonging to the government that comes into the
708	708	custody, possession, or control of a house member, committee,
709	709	officer, or employee by virtue of public office or employment.
710	710	ARTICLE 6. CAUCUSES
711	711	SECTION 6.01. DEFINITION. In this article, "caucus" means
712	712	an organization that is composed exclusively of members of the
713	713	legislature, that elects or appoints officers and recognizes
714	714	identified legislators as members of the organization, and that
715	715	exists for research and other support of policy development and
716	716	interests that the membership holds in common. An organization
717	717	whose only nonlegislator members are the lieutenant governor or the
718	718	governor remains a "caucus" for purposes of this section.
719	719	SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
720	720	FACILITIES. (a) Except as expressly authorized by this section,
721	721	funds appropriated to the house may not be expended in support of a
722	722	caucus, employees compensated from funds appropriated to the house
723	723	may not perform caucus activities, and state-owned equipment may
724	724	not be used in the performance of caucus activities.
725	725	(b) An individual member of the house may authorize the use
726	726	of state equipment assigned to the member's office and the
727	727	performance of caucus activities by an employee of the member only
728	728	if:
729	729	(1) the member determines that the activities support
730	730	the member's official duties;
731	731	(2) the caucus does not endorse or support a candidate
732	732	for public office; and
733	733	(3) the caucus does not accept contributions from
734	734	nonmembers that are in violation of Section 253.0341, Election
735	735	Code.
736	736	(c) A caucus may use the meeting rooms of the Capitol and
737	737	Capitol extension to conduct meetings of the caucus membership, to
738	738	host public forums on matters of interest to the caucus, or to
739	739	facilitate the work of the caucus or a caucus employee.
740	740	(d) An individual member may house, in the state office
741	741	space assigned to the member, caucus employees or equipment owned
742	742	by a caucus. A member may retain in the member's office a
743	743	telephone, facsimile machine, or computer owned by the caucus for
744	744	purposes of the member's communication with the caucus or caucus
745	745	employees.
746	746	(e) From space under the jurisdiction of the house, the
747	747	Committee on House Administration may assign:
748	748	(1) one office space and one parking space for use by
749	749	the Texas Republican Legislative Caucus; and
750	750	(2) one office space and one parking space for use by
751	751	the House Democratic Caucus.
752	752	SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf
753	753	of a caucus may not knowingly accept a contribution in violation of
754	754	Section 253.0341, Election Code.
755	755	(b) A person acting on behalf of a caucus may not knowingly
756	756	accept a contribution, and shall refuse a contribution that is
757	757	received, in the Capitol.
758	758	SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus
759	759	shall provide to the chief clerk, on a regular basis, a list of its
760	760	current membership and officers.
761	761	SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus
762	762	shall file a report of contributions and expenditures with the
763	763	Texas Ethics Commission as required by Section 254.0311, Election
764	764	Code.
765	765	ARTICLE 7. HOUSE RESEARCH ORGANIZATION
766	766	SECTION 7.01. ESTABLISHMENT. The Committee on House
767	767	Administration shall provide operating funds for a house research
768	768	organization that will be an administrative department of the house
769	769	and may for that purpose adopt policies and procedures relating to
770	770	the administrative operation of that organization.
771	771	SECTION 7.02. STEERING COMMITTEE. The functions and duties
772	772	performed by the house research organization shall be governed by a
773	773	15-member steering committee composed of house members serving
774	774	staggered four-year terms, who are subject to approval of the house
775	775	membership.
776	776	SECTION 7.03. BUDGET. The house research organization
777	777	shall have an operating account and in compliance with the terms of
778	778	its establishment shall operate under a budget approved by the
779	779	steering committee and the Committee on House Administration.
780	780	ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM
781	781	SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant
782	782	to the Legislative Reorganization Act of 1961 (Subchapter B,
783	783	Chapter 301, Government Code), standing committees of the house
784	784	established by the rules of the house may hold meetings while the
785	785	legislature is not in session.
786	786	(b) The speaker may grant authority to select committees,
787	787	interim study committees, subcommittees, or standing committees of
788	788	the house to hold meetings while the legislature is not in session
789	789	as the speaker considers necessary and desirable to conduct the
790	790	business of the house and to assist the speaker in conducting the
791	791	business of the house, under a pattern of operation and
792	792	restrictions determined by the rules of the house.
793	793	(c) The committee members and employees may either be
794	794	reimbursed for actual and necessary expenses or receive a per diem
795	795	not to exceed that provided by law for state officials or state
796	796	employees, along with mileage or other transportation expenses at
797	797	the same rate as provided by law for state officials or state
798	798	employees when conducting such business and attending those
799	799	meetings when approved by the Committee on House Administration.
800	800	SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
801	801	ADMINISTRATION DURING INTERIM. (a) When the legislature is not in
802	802	session, the Committee on House Administration may act as provided
803	803	by this section.
804	804	(b) The committee may call meetings for the transaction of
805	805	necessary business, and the committee members shall be reimbursed
806	806	for expenses incurred by them when attending such meetings or when
807	807	in performance of their duties as members of the Committee on House
808	808	Administration, the reimbursement to be either actual and necessary
809	809	expenses or a per diem not to exceed that provided by law for state
810	810	officials or state employees, along with mileage or other
811	811	transportation expenses at the same rate as provided by law for
812	812	state officials or state employees.
813	813	(c) The committee may reimburse authorized members and
814	814	employees for expenses incurred by them when traveling in the
815	815	performance of their legislative duties and responsibilities
816	816	within their respective districts or within any county in which any
817	817	part of their districts lie or from their districts to the State
818	818	Capitol, the reimbursement to be either actual and necessary
819	819	expenses or a per diem not to exceed that provided by law for state
820	820	officials or state employees, along with mileage or other
821	821	transportation expenses at the same rate as provided by law for
822	822	state officials or state employees.
823	823	(d) The committee may pay for all other reasonable and
824	824	necessary expenses, including operation of each member's district
825	825	office, incurred by the members of the house of representatives.
826	826	The expenses shall be paid from funds appropriated for that
827	827	purpose, or any other funds appropriated for the use of the house of
828	828	representatives, on vouchers or other forms approved by the chair
829	829	of the Committee on House Administration, in accordance with
830	830	regulations governing such expenditures.
831	831	(e) The committee may assign or reassign parking places in
832	832	the best interest of the house under such terms and conditions as
833	833	the committee deems necessary.
834	834	ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT
835	835	SECTION 9.01. PURPOSE. (a) The house finds that early
836	836	intervention is often the most effective way to resolve incidents
837	837	of inappropriate behavior and ensure appropriate workplace
838	838	conduct.
839	839	(b) The house encourages the prompt reporting of concerns
840	840	and complaints, as appropriate, so that constructive action can be
841	841	taken before the offensive conduct continues, escalates, or affects
842	842	others, and to ensure that a timely and thorough investigation can
843	843	occur if necessary.
844	844	(c) This article is adopted to further early intervention
845	845	and remediation of complaints and implements the house rules.
846	846	SECTION 9.02. TRAINING. (a) Each member, officer, and
847	847	employee is required to complete an interactive training program
848	848	related to preventing and resolving violations of the house rules,
849	849	this resolution, and house policy related to appropriate workplace
850	850	conduct that is approved every two years by the Committee on House
851	851	Administration. This training may be combined with training on
852	852	other employment-related topics such as employment discrimination
853	853	and workplace violence.
854	854	(b) The training must include specific information related
855	855	to the process for reporting violations of a house rule, this
856	856	resolution, and house policy related to appropriate workplace
857	857	conduct, for utilizing informal methods of resolving those
858	858	violations, and for filing formal complaints with the house or
859	859	another agency designated by law to receive those complaints.
860	860	(c) The training required by this section must be completed
861	861	not later than the 30th day after:
862	862	(1) the member qualifies;
863	863	(2) the officer is appointed; or
864	864	(3) the employee starts employment.
865	865	(d) A member, officer, or employee is required to complete a
866	866	subsequent approved interactive training program not later than
867	867	each biennial anniversary of the date the individual was initially
868	868	required to complete the training under Subsection (c) of this
869	869	section.
870	870	(e) The Committee on House Administration shall designate
871	871	an officer or supervisory administrative employee to keep accurate
872	872	records of each individual required to complete an approved
873	873	training program. The officer or employee shall make those records
874	874	available to the public.
875	875	SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
876	876	RESOLUTION. (a) An individual claiming to be aggrieved by a
877	877	violation of the house rules, this resolution, or house policy
878	878	related to appropriate workplace conduct may file a complaint with:
879	879	(1) the chair of the house general investigating
880	880	committee established under Section 301.017, Government Code, if
881	881	the individual whose complained-of conduct is an individual other
882	882	than the chair, the chair's employee, or an individual related to
883	883	the chair or the chair's employee within the third degree by
884	884	consanguinity or within the second degree by affinity as determined
885	885	under Chapter 573, Government Code; or
886	886	(2) the vice chair of the committee, if the individual
887	887	whose complained-of conduct is the chair of the committee, the
888	888	chair's employee, or an individual related to the chair or the
889	889	chair's employee within the third degree by consanguinity or within
890	890	the second degree by affinity as determined under Chapter 573,
891	891	Government Code.
892	892	(b) Any complaint must be substantially similar in form to
893	893	the requirements of Sections 21.201(b) and (c), Labor Code.
894	894	(c) Upon receipt of a complaint that meets the requirements
895	895	of Subsection (b) of this section, the receiving official may, with
896	896	the agreement of the parties, endeavor to address the alleged
897	897	violation by informal, voluntary, and confidential methods of
898	898	conference and conciliation.
899	899	(d) During the pendency of a complaint, the committee may
900	900	take any appropriate action to reduce the likelihood of a
901	901	complainant and respondent being in regular contact with each
902	902	other.
903	903	(e) The committee shall conduct an investigation of a
904	904	complaint, determine whether reasonable cause exists to believe
905	905	that the respondent violated a house rule, this resolution, or
906	906	house policy, and attempt to resolve the complaint through informal
907	907	or formal methods, as provided by committee rule. The committee's
908	908	rules must provide for a process substantially similar to the
909	909	process provided for the administrative review of complaints under
910	910	Subchapter E, Chapter 21, Labor Code, where applicable, and must
911	911	include a due process hearing by the committee before a report is
912	912	prepared under Subsection (h) of this section.
913	913	(f) If the respondent is a member of the house, the
914	914	committee's investigation must be conducted by a competent
915	915	individual who is not an officer, employee, or annuitant of state
916	916	government. The prohibition under this subsection does not apply to
917	917	a retired or former judge subject to assignment under Subchapter C,
918	918	Chapter 74, Government Code.
919	919	(g) The individual employed or compensated by the committee
920	920	under Subsection (f) of this section shall only perform the
921	921	investigative functions of determining facts and reporting those
922	922	facts to the committee and shall not perform any other functions
923	923	for, or provide other services to, the committee in connection with
924	924	a complaint.
925	925	(h) If the committee cannot resolve the complaint, the
926	926	committee shall determine whether the respondent violated a house
927	927	rule, this resolution, or house policy as alleged in a complaint and
928	928	shall prepare a report containing:
929	929	(1) the committee's findings of fact and conclusions
930	930	of law to support its final determination; and
931	931	(2) if the committee finds that the respondent
932	932	violated a house rule, this resolution, or house policy, a
933	933	recommendation for any discipline or remedial action, in proportion
934	934	to the seriousness of the conduct, necessary to prevent the
935	935	violation from occurring again.
936	936	(i) No committee report shall be made unless ordered by
937	937	two-thirds of the membership of the committee. If a committee
938	938	report is ordered, any member of the committee dissenting from the
939	939	views of the majority may file a minority report, which is not
940	940	subject to House Rule 4, Section 28. The minority report shall be
941	941	included with the majority report at each distribution. If the
942	942	committee is unable to agree on a recommendation for action or has
943	943	an insufficient number of votes to adopt the report prepared by the
944	944	committee, it shall submit a statement of this fact as its report.
945	945	The committee shall deliver a copy of its report to the complainant
946	946	and respondent and, if the respondent is:
947	947	(1) a member of the house, to the speaker and the chief
948	948	clerk;
949	949	(2) an officer of the house, to the speaker; and
950	950	(3) an employee of the house, to the employee's
951	951	employing authority as set out in this resolution.
952	952	(j) All proceedings on a complaint are completely
953	953	confidential, and information related to those proceedings may not
954	954	be released by any person unless authorized by committee rule or by
955	955	the house. Notices of committee hearings, minutes, and witness
956	956	lists required under the house rules shall be prepared as directed
957	957	by the Committee on House Administration to ensure that no
958	958	information is provided that would reasonably lead to the
959	959	identification of a complainant, respondent, or witness. If an
960	960	individual releases information made confidential by this section
961	961	without authorization, that individual is subject to sanction by
962	962	the house as authorized by Section 15, Article III, Texas
963	963	Constitution, or other law. Any report of the house general
964	964	investigating committee under this section is confidential until it
965	965	is ordered printed by the house or ordered released by the committee
966	966	if the house is not in session.
967	967	(k) To the extent of any conflict between this section and
968	968	Rule 4 of the House Rules, this section prevails.
969	969	ARTICLE 10. COMMITTEE GIFTS
970	970	SECTION 10.01. COMMITTEE GIFTS. (a) Subject to the
971	971	limitation in Subsection (b) of this section, a member of the house
972	972	may not offer, confer, or agree to confer to a committee member one
973	973	or more gifts per year with a total value of more than the amount of
974	974	the per diem set by the Texas Ethics Commission pursuant to Section
975	975	24a(e), Article III, Texas Constitution.
976	976	(b) If two or more members of the house join together to
977	977	offer, confer, or agree to confer to a committee chair or vice chair
978	978	one or more gifts per year, the total value of the gifts may not
979	979	exceed three times the amount of the per diem described in
980	980	Subsection (a) of this section.
981	981	Metcalf
982	982	Cole
983	983	______________________________
984	984	Speaker of the House
985	985	I certify that H.R. No. 3 was adopted by the House on January
986	986	11, 2023, by the following vote: Yeas 147, Nays 2, 1 present, not
987	987	voting.
988	988	______________________________
989	989	Chief Clerk of the House