Texas 2025 - 89th Regular

Texas House Bill HR3 Compare Versions

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11 89R10656 ESC/HLB/TS
22 By: Geren H.R. No. 3
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77 R E S O L U T I O N
88 BE IT RESOLVED by the House of Representatives of the State of
99 Texas, That the following is adopted as the housekeeping resolution
1010 for the House of Representatives of the 89th [88th] Legislature:
1111 HOUSEKEEPING RESOLUTION FOR
1212 THE HOUSE OF REPRESENTATIVES
1313 OF THE TEXAS LEGISLATURE
1414 TABLE OF CONTENTS
1515 ARTICLE 1. GENERAL PROVISIONS 4
1616 SECTION 1.01. PURPOSE 4
1717 SECTION 1.02. PRECEDENCE 5
1818 ARTICLE 2. SPEAKER OF THE HOUSE 5
1919 SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 5
2020 SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 5
2121 SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
2222 TRAINING SEMINARS 6
2323 SECTION 2.04. DEANS 7
2424 ARTICLE 3. GENERAL POWERS AND DUTIES OF THE COMMITTEE ON
2525 HOUSE ADMINISTRATION 7
2626 SECTION 3.01. CONTRACTS 7
2727 SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS 7
2828 SECTION 3.03. OPERATING POLICIES 8
2929 SECTION 3.04. HOUSE POLICY MANUAL 8
3030 SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING 8
3131 SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; ASSIGNMENT
3232 OF DESKS, OFFICES, AND PARKING SPACES 9
3333 SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
3434 COPIES OF LEGISLATIVE DOCUMENTS10
3535 SECTION 3.08. HONORARY CERTIFICATES11
3636 SECTION 3.09. COMPOSITE PHOTOGRAPH12
3737 SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING
3838 MEMBERS12
3939 SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE13
4040 SECTION 3.12. HOUSE RECYCLING PROGRAM13
4141 SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE13
4242 SECTION 3.14. ACCESS TO HOUSE OFFICES13
4343 SECTION 3.15. DPS PANIC BUTTONS13
4444 SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES14
4545 ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES14
4646 SECTION 4.01. DEFINITION14
4747 SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
4848 EMPLOYEES OF THE HOUSE14
4949 SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL16
5050 SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER16
5151 SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
5252 ASSISTANCE17
5353 SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS17
5454 SECTION 4.07. COMPENSATION17
5555 SECTION 4.08. DUTIES19
5656 SECTION 4.09. APPEARANCE BEFORE COMMITTEES19
5757 SECTION 4.10. CHAMBER ACCESS19
5858 SECTION 4.11. VOTING19
5959 SECTION 4.12. VOTING RECORDS19
6060 SECTION 4.13. CAMPAIGN FOR SPEAKER19
6161 SECTION 4.14. POLITICAL INFLUENCE19
6262 SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
6363 GIFTS20
6464 SECTION 4.16. DISCHARGE20
6565 SECTION 4.17. DURATION OF EMPLOYMENT21
6666 SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
6767 COMMITTEE21
6868 SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS21
6969 ARTICLE 5. ACCOUNTING22
7070 SECTION 5.01. FUNDING OF OFFICE OPERATIONS22
7171 SECTION 5.02. OPERATING ACCOUNTS22
7272 SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS23
7373 SECTION 5.04. MONTHLY CREDIT23
7474 SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE24
7575 SECTION 5.05. ACCOUNT CLOSING25
7676 SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED26
7777 SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT
7878 CHARGED TO OPERATING ACCOUNT26
7979 SECTION 5.08. TRAVEL OUTSIDE TEXAS26
8080 SECTION 5.09. APPROVAL OF EXPENDITURES26
8181 SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
8282 PROHIBITED27
8383 SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
8484 PROHIBITED27
8585 ARTICLE 6. CAUCUSES27
8686 SECTION 6.01. DEFINITION27
8787 SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
8888 FACILITIES28
8989 SECTION 6.03. CONTRIBUTIONS29
9090 SECTION 6.04. MEMBERSHIP AND OFFICER LISTS29
9191 SECTION 6.05. REPORT TO ETHICS COMMISSION29
9292 ARTICLE 7. HOUSE RESEARCH ORGANIZATION29
9393 SECTION 7.01. ESTABLISHMENT29
9494 SECTION 7.02. STEERING COMMITTEE30
9595 SECTION 7.03. BUDGET30
9696 ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM30
9797 SECTION 8.01. INTERIM COMMITTEE ACTIVITIES30
9898 SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
9999 ADMINISTRATION DURING INTERIM31
100100 ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT32
101101 SECTION 9.01. PURPOSE32
102102 SECTION 9.02. TRAINING32
103103 SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
104104 RESOLUTION34
105105 ARTICLE 10. COMMITTEE GIFTS37
106106 SECTION 10.01. COMMITTEE GIFTS37
107107 ARTICLE 1. GENERAL PROVISIONS
108108 SECTION 1.01. PURPOSE. This resolution is adopted by the
109109 members of the House of Representatives of the 89th [88th]
110110 Legislature to provide for the efficient and orderly operation of
111111 the house under the supervision of the speaker and the Committee on
112112 House Administration.
113113 SECTION 1.02. PRECEDENCE. The provisions of this
114114 resolution take precedence over the provisions of any resolution
115115 not passed in full compliance with the rules of the house and,
116116 except as otherwise noted herein, shall be in effect during the full
117117 term of the 89th [88th] Legislature whether in session or
118118 adjournment.
119119 ARTICLE 2. SPEAKER OF THE HOUSE
120120 SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The
121121 speaker may make any expenditures or transfers and perform any
122122 function deemed necessary for the effective and efficient operation
123123 of the house of representatives.
124124 SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The
125125 speaker's apartment and offices shall be set aside for the use of
126126 the speaker, the speaker's family, and house members, as the
127127 speaker may designate, throughout the speaker's term of office.
128128 (b) The Committee on House Administration may make the
129129 necessary expenditures to operate and properly equip and service
130130 the speaker's apartment and offices and may employ such help as may
131131 be necessary to properly maintain and care for the apartment and
132132 offices.
133133 (c) The speaker and the speaker's family may occupy the
134134 speaker's apartment during the speaker's term of office, utilizing
135135 the services of employees of the house and others on a temporary
136136 basis, if and as needed.
137137 (d) The speaker may obtain through the Committee on House
138138 Administration the necessary supplies and services to operate the
139139 speaker's office and may also have paid through that committee
140140 necessary telephone charges.
141141 SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
142142 TRAINING SEMINARS. (a) The speaker may attend any meetings of or
143143 sponsored by the Council of State Governments and any meetings on
144144 problems of federal-state relations and interstate relations and
145145 cooperation, and any other governmental meeting in or outside the
146146 state.
147147 (b) The speaker may appoint members of the house, staff
148148 members, and other employees of the house to accompany or represent
149149 the speaker at these meetings or to attend in-service training
150150 courses sponsored by the Council of State Governments or the
151151 National Conference of State Legislatures or similar training
152152 courses, conferences, or seminars as the speaker may determine.
153153 (c) Members of the house attending meetings under this
154154 section while the legislature is in session may be reimbursed for
155155 actual and necessary expenses. Members of the house attending
156156 meetings under this section while the legislature is not in session
157157 and staff members and other employees of the house attending
158158 meetings at any time under this section may be reimbursed for either
159159 actual and necessary expenses or receive a per diem not to exceed
160160 that provided by law for state officials or state employees. In
161161 addition, members, staff, and other employees attending meetings
162162 under this section may be reimbursed for mileage or other
163163 transportation expenses at the same rate as provided by law for
164164 state officials or state employees together with registration fees
165165 and tuition. To receive payment under this subsection, sworn
166166 expense accounts must be filed with and approved by the chair of the
167167 Committee on House Administration or an officer of the house
168168 designated in writing by the Committee on House Administration.
169169 Prior written approval of the chair of the Committee on House
170170 Administration to attend any such meetings, conferences, seminars,
171171 or training courses is a prerequisite for reimbursement for travel
172172 and other related expenses.
173173 (d) Reimbursement for expenses incurred by a member, staff
174174 member, or employee of the house in an appointive capacity
175175 resulting from an appointment made by anyone other than the speaker
176176 shall be made only in the event that the appointment and expenses to
177177 be incurred have been previously approved in writing by the
178178 Committee on House Administration.
179179 (e) The speaker may expend money for memberships in
180180 interstate associations of legislators considered necessary to
181181 discharge properly the duties and responsibilities of the office of
182182 speaker.
183183 SECTION 2.04. DEANS. The speaker shall recognize as deans
184184 both the male member and the female member having the greatest
185185 seniority based on cumulative years of service in the house.
186186 ARTICLE 3. GENERAL POWERS AND DUTIES OF THE
187187 COMMITTEE ON HOUSE ADMINISTRATION
188188 SECTION 3.01. CONTRACTS. The Committee on House
189189 Administration shall approve all contracts necessary for the
190190 effective operation of the divisions of the house and its
191191 committees.
192192 SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The
193193 Committee on House Administration shall consider and adopt
194194 operating budgets that cover both session and interim periods for
195195 the divisions of the house and all committees appointed pursuant to
196196 the resolution adopting the rules of the house or appointed by the
197197 speaker pursuant to any other resolution. A budget adopted by the
198198 Committee on House Administration must be adopted in a public
199199 hearing. Each requested operating budget and each operating budget
200200 proposed for adoption must be posted on the Internet website of the
201201 committee in advance of the hearing.
202202 SECTION 3.03. OPERATING POLICIES. The Committee on House
203203 Administration shall effectuate policies and determine guidelines
204204 for the operation of the divisions and committees of the house.
205205 SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House
206206 Administration shall prepare and distribute to all members, within
207207 60 days after the convening of the regular session, policy
208208 statements to include, but not be limited to, policies pertaining
209209 to members as a class.
210210 SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The
211211 Committee on House Administration shall:
212212 (1) provide and maintain for the use of the speaker,
213213 members, employees, divisions, and committees of the house such
214214 stationery, stamps, office equipment, furniture, fixtures,
215215 supplies, and telephone and other services as may be necessary;
216216 (2) keep an itemized account of the quantity and cost
217217 of every kind of material received, and the source from which it was
218218 received;
219219 (3) maintain an annual operating account for each
220220 member, division, and committee authorized by the Committee on
221221 House Administration to make expenditures and charge each operating
222222 account with daily expenditures, withdrawals from inventory, and
223223 interdepartmental services;
224224 (4) furnish a monthly statement for the expenditures
225225 of each member, division, and committee of the house; and
226226 (5) adopt any rules, regulations, and policies
227227 necessary to effectively provide and account for the
228228 above-mentioned services.
229229 SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES;
230230 ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The
231231 Committee on House Administration shall:
232232 (1) be in charge of and provide for the protection,
233233 maintenance, and use of the hall of the house, all committee rooms,
234234 offices of members and house departments, the speaker's office and
235235 apartment, and other space under the jurisdiction of the house;
236236 (2) make permanent assignments of desks and offices to
237237 members of the house;
238238 (3) adopt and enforce a plan for the parking of motor
239239 vehicles on the portion of the Capitol grounds under house
240240 jurisdiction;
241241 (4) be in charge of and provide for the protection,
242242 maintenance, and use of the furniture, fixtures, equipment, and
243243 records of the house;
244244 (5) purchase, remodel, repair, restore, or replace any
245245 furniture, fixtures, equipment, and other furnishings to maintain
246246 the dignity and appearance of space occupied by the house;
247247 (6) in consultation with the State Preservation Board,
248248 identify and establish a space that provides privacy, security, a
249249 water faucet, and a power outlet, within or near the hall of the
250250 house for use for breastfeeding or breast pumping by house members
251251 and employees of the house or media representatives entitled to the
252252 privileges of the floor when the house is in session; and
253253 (7) determine the hours the hall of the house shall be
254254 open to visitors.
255255 (b) Any member who is not a member-elect of the 90th [89th]
256256 Legislature shall vacate the member's office space before December
257257 1, 2026 [2024]. If the office is not vacated on that date, the
258258 Committee on House Administration shall immediately remove the
259259 member's personal effects and store them in an appropriate place in
260260 order that the member-elect to whom the office space is assigned may
261261 move in. The Committee on House Administration shall ensure that
262262 each member-elect of the 90th [89th] Legislature who was not a
263263 member of the 89th [88th] Legislature is permitted to move into and
264264 begin using the member-elect's office space at least 72 hours
265265 before the time the 90th [89th] Legislature is scheduled to
266266 convene.
267267 SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
268268 COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House
269269 Administration shall:
270270 (1) have completed and preserved the official records
271271 of the house;
272272 (2) have charge of and approve the operation and
273273 maintenance of the printing and duplicating facilities of the
274274 house, provided, however, that the use of the house printing and
275275 duplicating facilities is restricted to agencies of the legislative
276276 branch and any other operation thereof is strictly prohibited
277277 unless previously authorized in writing by the Committee on House
278278 Administration or an officer of the house designated in writing by
279279 the speaker;
280280 (3) determine the number of copies of the daily House
281281 Journal to be printed and have jurisdiction over the mailing and
282282 distribution of the daily journal; and
283283 (4) determine the number of copies of the House
284284 Journal that will be furnished to each member for distribution by
285285 the member.
286286 (b) The employee in charge of the printing facilities must
287287 keep at least one copy of all items printed or duplicated and a copy
288288 of the work order authorizing such printing.
289289 (c) Copies of bills, resolutions, and attachments thereto
290290 shall be made available free of charge to members of the house who
291291 call at the bill distribution office and request them, and the cost
292292 of these copies shall be paid from funds appropriated for that
293293 purpose by the legislature. If the Committee on House
294294 Administration finds gross abuse of this privilege, it may
295295 establish a policy regarding such distribution.
296296 SECTION 3.08. HONORARY CERTIFICATES. The Committee on
297297 House Administration shall provide for the use of members
298298 appropriate certificates to commend, congratulate, and
299299 memorialize. Such certificates shall be printed with a signature
300300 line for the name of the presenting member and adequate space for
301301 insertion of the name of the individual or organization to be
302302 honored.
303303 SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on
304304 House Administration shall select a suitable photographer to take
305305 individual photographs of each member. The photographer shall
306306 prepare a composite photograph of the members of the house composed
307307 of the individual photographs of each member arranged on a panel, of
308308 the same size as used in previous sessions, in such manner as to
309309 approximate the location of each member's desk on the house floor.
310310 The member's name and the county of residence shall be printed under
311311 the member's photograph, and the composite shall be framed and hung
312312 in the hall of the house during the regular session.
313313 (b) The photographs for the composite panel shall be
314314 provided without cost to the members, and the expense of the
315315 composite panel shall be paid from the expense fund of the house.
316316 (c) The Committee on House Administration shall establish,
317317 with concurrence of the photographer, a price to charge members for
318318 any prints of photographs they wish to purchase.
319319 SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS.
320320 If a person is serving as a temporary acting member of the house
321321 under Section 72, Article XVI, Texas Constitution, in the place of a
322322 house member on active military duty, the Committee on House
323323 Administration, with the approval of the speaker and in
324324 consultation with the temporary acting member and, if available,
325325 the member on military duty, may adopt policies regarding a
326326 temporary acting member that the committee considers necessary for
327327 the efficient administration and performance of the duties of the
328328 house consistent with this resolution, the rules of the house, and
329329 the Texas Constitution.
330330 SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. The
331331 Committee on House Administration shall direct the State
332332 Preservation Board to maintain the permanent display of the motto
333333 "In God We Trust" on the face of the portico located over the
334334 speaker's podium.
335335 SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on
336336 House Administration, in coordination with the State Preservation
337337 Board, shall implement a program for recycling paper, plastic, and
338338 other recyclable materials from house offices.
339339 SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE.
340340 The Committee on House Administration shall provide for the posting
341341 of all notices for hearings of joint committees of the house and
342342 senate on the house website regardless of whether the notice is
343343 posted on the senate website.
344344 SECTION 3.14. ACCESS TO HOUSE OFFICES. A house member and
345345 the member's staff may control access by the public to the member's
346346 office and may exclude visitors from the office at their
347347 discretion. If a person refuses to leave the member's office when
348348 requested, the member may request assistance from the Department of
349349 Public Safety.
350350 SECTION 3.15. DPS PANIC BUTTONS. The Committee on House
351351 Administration shall work with the Department of Public Safety to
352352 ensure that each house office may request a panic button that the
353353 house member and the member's staff may use to alert the department
354354 to an emergency in the office. The member may reimburse the
355355 Committee on House Administration for the cost of the panic button
356356 equipment in monthly installments over the fiscal year.
357357 SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES. The
358358 Committee on House Administration shall adopt a policy that allows
359359 members the use of house audio or visual resources. Use of house
360360 audio or visual resources may only be prohibited for the following
361361 reasons:
362362 (1) the use is otherwise prohibited by law;
363363 (2) the use maligns the reputation of an individual;
364364 or
365365 (3) the use is for political advertising, as defined
366366 by Section 251.001, Election Code.
367367 ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES
368368 SECTION 4.01. DEFINITION. Unless expressly provided
369369 otherwise, in this article "employee" means any person compensated
370370 from funds appropriated to the house. The term includes persons for
371371 whom the employing authority is the speaker, the Committee on House
372372 Administration, an individual member, or a committee.
373373 SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
374374 EMPLOYEES OF THE HOUSE. (a) Officers of the house authorized to be
375375 appointed under this section shall be appointed by and serve at the
376376 pleasure of the speaker. Employees of the house responsible for
377377 supervising the departments and divisions that support the
378378 operation of the house shall also be appointed by and serve at the
379379 pleasure of the speaker.
380380 (a-1) The following are the officers of the house that shall
381381 be appointed by the speaker under this section:
382382 (1) Chief Clerk;
383383 (2) Journal Clerk;
384384 (3) Reading Clerks;
385385 (4) Sergeant-at-Arms;
386386 (5) Doorkeeper;
387387 (6) Chaplain;
388388 (7) Voting Clerk;
389389 (8) Committee Coordinator;
390390 (9) Parliamentarians (not more than two individuals);
391391 and
392392 (10) Executive Director, House Business Office.
393393 (a-2) In addition to the officers listed in Subsection (a-1)
394394 of this section, the speaker may also appoint a chief assistant to
395395 any officer listed in Subsection (a-1) of this section. An
396396 assistant appointed under this subsection is also an officer of the
397397 house who serves at the pleasure of the speaker.
398398 (a-3) In addition to the appointments authorized under
399399 Subsections (a-1) and (a-2) of this section, the speaker is
400400 authorized to appoint an officer who is an attorney licensed to
401401 practice law in this state to provide legal assistance to, and
402402 representation of, the house. On written authorization by the
403403 speaker, the officer may initiate or enter an appearance, or retain
404404 counsel to initiate or enter an appearance, in any proceeding
405405 before any court as necessary to ensure the institutional position
406406 of the house (including a committee, officer, or employee of the
407407 house in the committee, officer, or employee's official capacity
408408 only) is sufficiently safeguarded. The officer appointed under
409409 this subsection is the only individual authorized to initiate or
410410 enter an appearance in any litigation, including litigation under
411411 Subchapter B, Chapter 301, Government Code, on behalf of the house
412412 or a committee, officer, or employee of the house in the committee,
413413 officer, or employee's official capacity only.
414414 (b) The speaker shall have the right to discharge any
415415 officer or supervisory administrative employee when the best
416416 interest of the house of representatives would be served by so
417417 doing.
418418 (c) The authority to appoint and discharge officers and
419419 supervisory administrative employees may be delegated to the
420420 Committee on House Administration to the extent and for the length
421421 of time the speaker determines.
422422 (d) In the event of the absence, resignation, or death of
423423 any officer or supervisory administrative employee the speaker may
424424 designate a person to take charge of and attend to all the duties of
425425 the office affected until the officer or employee returns or until a
426426 successor is chosen.
427427 SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The
428428 Committee on House Administration shall employ all personnel
429429 necessary for the operation of the house other than:
430430 (1) those appointed under Section 4.02; or
431431 (2) employees of an individual member or committee.
432432 (b) For purposes of this article, the Committee on House
433433 Administration is the employing authority for all house employees
434434 other than those for whom the employing authority is the speaker, an
435435 individual member, or a committee.
436436 SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may
437437 employ, with funds from the member's operating budget, such staff
438438 as the member deems necessary.
439439 SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
440440 ASSISTANCE. (a) The Committee on House Administration shall
441441 provide funds for the adequate staffing of all standing committees
442442 of the house and all other committees appointed by the speaker.
443443 (b) Select committees, interim study committees, standing
444444 committees, or subcommittees appointed pursuant to the resolution
445445 adopting the rules of the house or appointed by the speaker pursuant
446446 to any other resolution may employ any person, firm, or
447447 corporation, subject to budget limitations. Those committees or
448448 subcommittees may ask for the assistance of any of the employees,
449449 agencies, departments, or branches of the state government.
450450 SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS.
451451 (a) An employee shall be on duty on the days and hours determined by
452452 the employing authority.
453453 (b) All offices of the departments and divisions that
454454 support the operations of the house shall be open on days and hours
455455 determined by the Committee on House Administration or the speaker
456456 and other hours that the house or its committees are in session.
457457 SECTION 4.07. COMPENSATION. (a) Officers and supervisory
458458 administrative employees of the house shall receive the
459459 compensation that the speaker or Committee on House Administration
460460 determines.
461461 (b) The Committee on House Administration shall fix the
462462 compensation of house personnel employed under Section 4.03. A
463463 person employed under that section who is absent without leave
464464 shall not receive compensation for the time missed.
465465 (c) The salaries of employees of individual members,
466466 committees, and the house shall begin when they are instructed to
467467 start work by their respective employing authority.
468468 (d) Except as provided by Subsections (e) and (f) of this
469469 section, an employee of an individual member, a committee employee,
470470 or any person, firm, or corporation employed by a committee or
471471 subcommittee may not be paid a salary in excess of $6,780 for any
472472 one month.
473473 (e) A member may exempt one or two employees [employee] of
474474 the individual member and, if the member is a chair of a standing or
475475 select committee, one employee of the standing or select committee
476476 the member chairs from the salary cap imposed by Subsection (d) of
477477 this section. Each calendar year the member shall file with the
478478 Committee on House Administration a statement designating the
479479 exempt employee or employees, as appropriate. During a calendar
480480 year after an exempt employee has been designated, the member may
481481 exempt a different employee from the salary cap only if the employee
482482 previously designated as exempt for the calendar year is no longer
483483 employed by the member or committee, as appropriate. An [The]
484484 exempt employee may not receive compensation from the operating
485485 account of any other committee or member.
486486 (f) The Committee on House Administration may increase the
487487 amount of the salary cap imposed by Subsection (d) of this section
488488 to account for any increase in salary provided to all state
489489 employees during the biennium that begins during the term of the
490490 legislature to which this resolution applies.
491491 SECTION 4.08. DUTIES. An employee shall perform all duties
492492 directed by the employing authority.
493493 SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee
494494 may appear before a standing or select committee on a measure when
495495 granted permission by majority vote of the committee.
496496 SECTION 4.10. CHAMBER ACCESS. (a) An employee may not
497497 enter the house chamber when the house is in session except when
498498 performing official duties and specifically authorized by the
499499 Committee on House Administration.
500500 (b) An employee may not enter the area on the floor of the
501501 house enclosed by the railing when the house is in session except
502502 when specifically authorized by the Committee on House
503503 Administration.
504504 SECTION 4.11. VOTING. An employee may not cast a vote for a
505505 member on the voting machine or otherwise.
506506 SECTION 4.12. VOTING RECORDS. An employee may not compile
507507 or release any information concerning the voting record of any
508508 member of the house for any session of the legislature except when a
509509 member requests information about that member's personal voting
510510 record or when the information is for the journal or other official
511511 records.
512512 SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not
513513 campaign or assist in the campaign of any candidate for speaker.
514514 SECTION 4.14. POLITICAL INFLUENCE. An employee may not
515515 attempt to, or aid anyone in an attempt to, influence any member of
516516 the house in favor of or against any measure pending before the
517517 legislature, either directly or indirectly, except when answering
518518 questions or giving information at the request of a member of the
519519 house.
520520 SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
521521 GIFTS. An employee may not receive, directly or indirectly, any
522522 compensation, by gift or otherwise, from any other source, unless
523523 specifically authorized by the employing authority.
524524 SECTION 4.16. DISCHARGE. (a) The employing authority of an
525525 employee shall have primary responsibility for overseeing and
526526 discharging the employee. An employee is subject to immediate
527527 discharge by the employing authority for violation of any section
528528 of this article or any other applicable rule.
529529 (b) An individual member or chair of a committee employing
530530 an employee who violates any applicable section of this article or
531531 any rule shall be advised of the violation by the chair of the
532532 Committee on House Administration, and the employing authority
533533 shall take appropriate action with regard to the employee in
534534 question.
535535 (c) In addition to being subject to immediate discharge by
536536 the employing authority under Subsection (a) of this section, an
537537 employee is subject to discharge by the chair of the Committee on
538538 House Administration, with the approval of the committee, if:
539539 (1) the employee is not needed and, if the employee is
540540 employed in an individual member's office or by a committee, the
541541 member or committee chair has resigned, is deceased, or is
542542 incapacitated; or
543543 (2) the employee is guilty of gross misconduct.
544544 (d) The Committee on House Administration may authorize the
545545 chair of the Committee on House Administration to conduct an
546546 investigation into allegations of gross misconduct. The chair may,
547547 with the approval of the committee, discharge or otherwise
548548 discipline an employee of an individual member or committee if the
549549 Committee on House Administration finds that the employee has
550550 engaged in gross misconduct.
551551 SECTION 4.17. DURATION OF EMPLOYMENT. The period of
552552 employment of all employees shall be determined by the employing
553553 authority, except that employees of all committees and of
554554 individual members who are not members-elect of the next
555555 legislature shall be terminated not later than noon on the day of
556556 the convening of the next regular session.
557557 SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
558558 COMMITTEE. (a) Members may join in the employment of a research
559559 assistant or assistants to be paid jointly from their operating
560560 budgets. Unless expressly authorized by the provisions of this
561561 resolution, the members who join together to sponsor such research
562562 shall not constitute a committee, task force, or group to operate in
563563 any official or quasi-official manner not specifically authorized
564564 under the Rules of the House of Representatives.
565565 (b) No person, firm, or corporation may be employed by more
566566 than two committees or subcommittees.
567567 SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job
568568 title for each position shall be determined by the employing
569569 authority. The employing authority and the house business office
570570 shall classify each job title for accounting purposes according to
571571 the following position classifications, unless otherwise
572572 determined by the Committee on House Administration:
573573 (a) Member Employees
574574 1. Chief of Staff
575575 2. General Counsel
576576 3. Legislative Director
577577 4. Legislative Assistant
578578 5. Administrative Assistant
579579 6. Special Project Coordinator
580580 7. Intern
581581 (b) Committee Employees
582582 1. Committee General Counsel
583583 2. Chief Committee Clerk
584584 3. Committee Clerk
585585 (c) Research Employees
586586 1. Research Director
587587 2. Research Assistant
588588 3. Policy Analyst
589589 ARTICLE 5. ACCOUNTING
590590 SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each
591591 member of the house shall be allocated funds for staff, office
592592 supplies, office equipment, postage, printing, telephone, travel,
593593 and such other reasonable and necessary office expenses as may be
594594 determined by the Committee on House Administration.
595595 (b) The manner in which funds are allocated, and the amounts
596596 thereof, are as provided by this article.
597597 SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who
598598 served in the 88th [87th] Legislature shall have the following
599599 operating accounts for the 89th [88th] Legislature:
600600 (1) a Fiscal Year 25 [23] Operating Account (September
601601 1, 2024 [2022], through August 31, 2025 [2023]);
602602 (2) a Fiscal Year 26 [24] Operating Account (September
603603 1, 2025 [2023], through August 31, 2026 [2024]); and
604604 (3) a Fiscal Year 27 [25] Operating Account (September
605605 1, 2026 [2024], through January 12, 2027 [14, 2025]).
606606 (b) Each member who did not serve in the 88th [87th]
607607 Legislature shall have the same operating accounts for the 89th
608608 [88th] Legislature as a returning member under Subsection (a) of
609609 this section except that the duration of the Fiscal Year 25 [23]
610610 Operating Account is from January 14, 2025 [10, 2023], through
611611 August 31, 2025 [2023].
612612 (c) For each member who served in the 88th [87th]
613613 Legislature, it shall not be necessary to close the member's Fiscal
614614 Year 25 [23] Operating Account when the 89th [88th] Legislature
615615 convenes.
616616 SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each
617617 member who did not serve in the 88th [87th] Legislature may have
618618 credited to the member's Fiscal Year 25 [23] Operating Account the
619619 amount of $2,000.
620620 SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating
621621 account shall be credited with $20,250 [$19,250] for each month
622622 that falls wholly or partly during the regular legislative session
623623 or a special legislative session. In any other month, each member's
624624 operating account shall be credited with $18,500 [$17,500].
625625 (b) The Committee on House Administration may provide to the
626626 deans and the speaker pro tempore of the house additional funds as
627627 may be determined to be necessary for the duties of those offices to
628628 be fulfilled.
629629 (c) The Committee on House Administration may increase the
630630 amount credited each month to each member's operating account in an
631631 amount to allow for an increase in:
632632 (1) the salary cap as provided by Section 4.07(f); or
633633 (2) longevity pay as authorized by legislation.
634634 SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE.
635635 (a) On the third business day of each calendar month, the House
636636 Business Office shall determine the available, unobligated balance
637637 at the end of the preceding calendar month for each member's
638638 operating account and each committee operating account. If the
639639 House Business Office determines that a member's operating account
640640 has a negative balance at the end of the preceding calendar month,
641641 the office shall provide notice to the member and the member shall
642642 deposit funds in the account equal to the negative balance not later
643643 than the 10th business day after the date the member receives notice
644644 of the deficit from the House Business Office; provided, however,
645645 that if a member deposits funds in the member's operating account to
646646 cover a negative balance under this subsection and the member later
647647 has a positive balance in the member's operating account at the end
648648 of a calendar month in the same fiscal year in which the member
649649 deposited the funds to cover the negative balance, the member may
650650 use the excess money in the member's operating account at that time
651651 to reimburse the member in an amount not to exceed the amount the
652652 member earlier deposited to cover the negative balance.
653653 (b) A committee operating account may not operate at a
654654 deficit.
655655 (c) If a member is not a member-elect of the 90th [89th]
656656 Legislature, the member's operating account may not operate at a
657657 deficit after November 30, 2026 [2024].
658658 SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal
659659 Year 25 [23] Operating Account shall be closed as of August 31, 2025
660660 [2023].
661661 (b) Each member may carry forward and have credited to the
662662 member's Fiscal Year 26 [24] Operating Account the unexpended
663663 balance of the member's Fiscal Year 25 [23] Operating Account, not
664664 to exceed $25,000 [$20,000]. If the member is the chair of a
665665 committee, the member may transfer and have credited to that
666666 committee's operating account all or part of that unexpended
667667 balance, not to exceed $25,000 [$20,000], and may have the
668668 remainder of that amount credited to the member's Fiscal Year 26
669669 [24] Operating Account.
670670 (c) Each member's Fiscal Year 26 [24] Operating Account
671671 shall be closed as of August 31, 2026 [2024].
672672 (d) Each member may carry forward and have credited to the
673673 member's Fiscal Year 27 [25] Operating Account the unexpended
674674 balance of the member's Fiscal Year 26 [24] Operating Account, not
675675 to exceed $25,000 [$20,000]. If the member is the chair of a
676676 committee, the member may transfer and have credited to that
677677 committee's operating account all or part of that unexpended
678678 balance, not to exceed $25,000 [$20,000], and may have the
679679 remainder of that amount credited to the member's Fiscal Year 27
680680 [25] Operating Account.
681681 (e) A member who is the chair of a committee may not transfer
682682 and have credited to that member's operating account any portion of
683683 the unexpended balance of the committee's operating account.
684684 SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All
685685 expenditures shall be charged to the period in which they are
686686 encumbered.
687687 SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT CHARGED
688688 TO OPERATING ACCOUNT. While the legislature is in session, the
689689 travel expenses of members for one trip each week between Austin and
690690 their districts and return shall not be charged against the
691691 members' operating accounts but shall be paid from funds
692692 appropriated for that purpose by the legislature.
693693 SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to
694694 be reimbursed for actual and necessary expenses incurred while
695695 traveling outside Texas in the performance of legislative duties
696696 and responsibilities. If the reimbursement is for travel inside
697697 the conterminous United States, reimbursement is limited to twice
698698 the amount that would be reimbursed to state employees for the same
699699 travel under the comptroller's guidelines and rates governing
700700 travel by state employees.
701701 SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance
702702 included in this resolution shall be expended except for actual
703703 salaries or actual expenses of the house, its members, departments,
704704 committees, and employees and for such other expenses as are
705705 authorized by the Committee on House Administration.
706706 (b) The Committee on House Administration may not authorize
707707 any expenditures of funds for personal or political campaign
708708 reasons.
709709 (c) All expenditures authorized by this resolution shall be
710710 paid from funds appropriated for the use of the house of
711711 representatives by vouchers or other forms approved by the speaker
712712 of the house and the Committee on House Administration.
713713 SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
714714 PROHIBITED. No public funds appropriated to the house or expended
715715 by any house member, committee, or office may be spent or promised
716716 to settle in whole or part a legal claim brought or threatened to be
717717 brought against the house or a member, committee, office, or
718718 employee of the house unless the settlement is made with the
719719 participation and approval of the attorney general and notice of
720720 any settlement is promptly given to the public.
721721 SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
722722 PROHIBITED. Pursuant to Section 51, Article III, Texas
723723 Constitution, house resources may be used only for a public
724724 purpose. A house member, committee, officer, or employee may not
725725 use or direct the use of any house resources to further any
726726 political purpose. In this section, "house resources" includes
727727 appropriated funds, property, services, personnel, or any other
728728 thing of value belonging to the government that comes into the
729729 custody, possession, or control of a house member, committee,
730730 officer, or employee by virtue of public office or employment.
731731 ARTICLE 6. CAUCUSES
732732 SECTION 6.01. DEFINITION. In this article, "caucus" means
733733 an organization that is composed exclusively of members of the
734734 legislature, that elects or appoints officers and recognizes
735735 identified legislators as members of the organization, and that
736736 exists for research and other support of policy development and
737737 interests that the membership holds in common. An organization
738738 whose only nonlegislator members are the lieutenant governor or the
739739 governor remains a "caucus" for purposes of this section.
740740 SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
741741 FACILITIES. (a) Except as expressly authorized by this section,
742742 funds appropriated to the house may not be expended in support of a
743743 caucus, employees compensated from funds appropriated to the house
744744 may not perform caucus activities, and state-owned equipment may
745745 not be used in the performance of caucus activities.
746746 (b) An individual member of the house may authorize the use
747747 of state equipment assigned to the member's office and the
748748 performance of caucus activities by an employee of the member only
749749 if:
750750 (1) the member determines that the activities support
751751 the member's official duties;
752752 (2) the caucus does not endorse or support a candidate
753753 for public office; and
754754 (3) the caucus does not accept contributions from
755755 nonmembers that are in violation of Section 253.0341, Election
756756 Code.
757757 (c) A caucus may use the meeting rooms of the Capitol and
758758 Capitol extension to conduct meetings of the caucus membership, to
759759 host public forums on matters of interest to the caucus, or to
760760 facilitate the work of the caucus or a caucus employee.
761761 (d) An individual member may house, in the state office
762762 space assigned to the member, caucus employees or equipment owned
763763 by a caucus. A member may retain in the member's office a
764764 telephone, facsimile machine, or computer owned by the caucus for
765765 purposes of the member's communication with the caucus or caucus
766766 employees.
767767 (e) From space under the jurisdiction of the house, the
768768 Committee on House Administration may assign:
769769 (1) one office space and one parking space for use by
770770 the Texas Republican Legislative Caucus; and
771771 (2) one office space and one parking space for use by
772772 the House Democratic Caucus.
773773 SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf
774774 of a caucus may not knowingly accept a contribution in violation of
775775 Section 253.0341, Election Code.
776776 (b) A person acting on behalf of a caucus may not knowingly
777777 accept a contribution, and shall refuse a contribution that is
778778 received, in the Capitol.
779779 SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus
780780 shall provide to the chief clerk, on a regular basis, a list of its
781781 current membership and officers.
782782 SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus
783783 shall file a report of contributions and expenditures with the
784784 Texas Ethics Commission as required by Section 254.0311, Election
785785 Code.
786786 ARTICLE 7. HOUSE RESEARCH ORGANIZATION
787787 SECTION 7.01. ESTABLISHMENT. The Committee on House
788788 Administration shall provide operating funds for a house research
789789 organization that will be an administrative department of the house
790790 and may for that purpose adopt policies and procedures relating to
791791 the administrative operation of that organization.
792792 SECTION 7.02. STEERING COMMITTEE. The functions and duties
793793 performed by the house research organization shall be governed by a
794794 15-member steering committee composed of house members serving
795795 staggered four-year terms, who are subject to approval of the house
796796 membership.
797797 SECTION 7.03. BUDGET. The house research organization
798798 shall have an operating account and in compliance with the terms of
799799 its establishment shall operate under a budget approved by the
800800 steering committee and the Committee on House Administration.
801801 ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM
802802 SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant
803803 to the Legislative Reorganization Act of 1961 (Subchapter B,
804804 Chapter 301, Government Code), standing committees of the house
805805 established by the rules of the house may hold meetings while the
806806 legislature is not in session.
807807 (b) The speaker may grant authority to select committees,
808808 interim study committees, subcommittees, or standing committees of
809809 the house to hold meetings while the legislature is not in session
810810 as the speaker considers necessary and desirable to conduct the
811811 business of the house and to assist the speaker in conducting the
812812 business of the house, under a pattern of operation and
813813 restrictions determined by the rules of the house.
814814 (c) The committee members and employees may either be
815815 reimbursed for actual and necessary expenses or receive a per diem
816816 not to exceed that provided by law for state officials or state
817817 employees, along with mileage or other transportation expenses at
818818 the same rate as provided by law for state officials or state
819819 employees when conducting such business and attending those
820820 meetings when approved by the Committee on House Administration.
821821 SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
822822 ADMINISTRATION DURING INTERIM. (a) When the legislature is not in
823823 session, the Committee on House Administration may act as provided
824824 by this section.
825825 (b) The committee may call meetings for the transaction of
826826 necessary business, and the committee members shall be reimbursed
827827 for expenses incurred by them when attending such meetings or when
828828 in performance of their duties as members of the Committee on House
829829 Administration, the reimbursement to be either actual and necessary
830830 expenses or a per diem not to exceed that provided by law for state
831831 officials or state employees, along with mileage or other
832832 transportation expenses at the same rate as provided by law for
833833 state officials or state employees.
834834 (c) The committee may reimburse authorized members and
835835 employees for expenses incurred by them when traveling in the
836836 performance of their legislative duties and responsibilities
837837 within their respective districts or within any county in which any
838838 part of their districts lie or from their districts to the State
839839 Capitol, the reimbursement to be either actual and necessary
840840 expenses or a per diem not to exceed that provided by law for state
841841 officials or state employees, along with mileage or other
842842 transportation expenses at the same rate as provided by law for
843843 state officials or state employees.
844844 (d) The committee may pay for all other reasonable and
845845 necessary expenses, including operation of each member's district
846846 office, incurred by the members of the house of representatives.
847847 The expenses shall be paid from funds appropriated for that
848848 purpose, or any other funds appropriated for the use of the house of
849849 representatives, on vouchers or other forms approved by the chair
850850 of the Committee on House Administration, in accordance with
851851 regulations governing such expenditures.
852852 (e) The committee may assign or reassign parking places in
853853 the best interest of the house under such terms and conditions as
854854 the committee deems necessary.
855855 ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT
856856 SECTION 9.01. PURPOSE. (a) The house finds that early
857857 intervention is often the most effective way to resolve incidents
858858 of inappropriate behavior and ensure appropriate workplace
859859 conduct.
860860 (b) The house encourages the prompt reporting of concerns
861861 and complaints, as appropriate, so that constructive action can be
862862 taken before the offensive conduct continues, escalates, or affects
863863 others, and to ensure that a timely and thorough investigation can
864864 occur if necessary.
865865 (c) This article is adopted to further early intervention
866866 and remediation of complaints and implements the house rules.
867867 SECTION 9.02. TRAINING. (a) Each member, officer, and
868868 employee is required to complete an interactive training program
869869 related to preventing and resolving violations of the house rules,
870870 this resolution, and house policy related to appropriate workplace
871871 conduct that is approved every two years by the Committee on House
872872 Administration. This training may be combined with training on
873873 other employment-related topics such as employment discrimination
874874 and workplace violence.
875875 (b) The training must include specific information related
876876 to the process for reporting violations of a house rule, this
877877 resolution, and house policy related to appropriate workplace
878878 conduct, for utilizing informal methods of resolving those
879879 violations, and for filing formal complaints with the house or
880880 another agency designated by law to receive those complaints.
881881 (c) The training required by this section must be completed
882882 not later than the 30th day after:
883883 (1) the member qualifies;
884884 (2) the officer is appointed; or
885885 (3) the employee starts employment.
886886 (d) A member, officer, or employee is required to complete a
887887 subsequent approved interactive training program not later than
888888 each biennial anniversary of the date the individual was initially
889889 required to complete the training under Subsection (c) of this
890890 section.
891891 (e) The Committee on House Administration shall designate
892892 an officer or supervisory administrative employee to keep accurate
893893 records of each individual required to complete an approved
894894 training program. The officer or employee shall make those records
895895 available to the public.
896896 SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
897897 RESOLUTION. (a) An individual claiming to be aggrieved by a
898898 violation of the house rules, this resolution, or house policy
899899 related to appropriate workplace conduct may file a complaint with:
900900 (1) the chair of the house general investigating
901901 committee established under Section 301.017, Government Code, if
902902 the individual whose complained-of conduct is an individual other
903903 than the chair, the chair's employee, or an individual related to
904904 the chair or the chair's employee within the third degree by
905905 consanguinity or within the second degree by affinity as determined
906906 under Chapter 573, Government Code; or
907907 (2) the vice chair of the committee, if the individual
908908 whose complained-of conduct is the chair of the committee, the
909909 chair's employee, or an individual related to the chair or the
910910 chair's employee within the third degree by consanguinity or within
911911 the second degree by affinity as determined under Chapter 573,
912912 Government Code.
913913 (b) Any complaint must be substantially similar in form to
914914 the requirements of Sections 21.201(b) and (c), Labor Code.
915915 (c) Upon receipt of a complaint that meets the requirements
916916 of Subsection (b) of this section, the receiving official may, with
917917 the agreement of the parties, endeavor to address the alleged
918918 violation by informal, voluntary, and confidential methods of
919919 conference and conciliation.
920920 (d) During the pendency of a complaint, the committee may
921921 take any appropriate action to reduce the likelihood of a
922922 complainant and respondent being in regular contact with each
923923 other.
924924 (e) The committee shall conduct an investigation of a
925925 complaint, determine whether reasonable cause exists to believe
926926 that the respondent violated a house rule, this resolution, or
927927 house policy, and attempt to resolve the complaint through informal
928928 or formal methods, as provided by committee rule. The committee's
929929 rules must provide for a process substantially similar to the
930930 process provided for the administrative review of complaints under
931931 Subchapter E, Chapter 21, Labor Code, where applicable, and must
932932 include a due process hearing by the committee before a report is
933933 prepared under Subsection (h) of this section.
934934 (f) If the respondent is a member of the house, the
935935 committee's investigation must be conducted by a competent
936936 individual who is not an officer, employee, or annuitant of state
937937 government. The prohibition under this subsection does not apply to
938938 a retired or former judge subject to assignment under Subchapter C,
939939 Chapter 74, Government Code.
940940 (g) The individual employed or compensated by the committee
941941 under Subsection (f) of this section shall only perform the
942942 investigative functions of determining facts and reporting those
943943 facts to the committee and shall not perform any other functions
944944 for, or provide other services to, the committee in connection with
945945 a complaint.
946946 (h) If the committee cannot resolve the complaint, the
947947 committee shall determine whether the respondent violated a house
948948 rule, this resolution, or house policy as alleged in a complaint and
949949 shall prepare a report containing:
950950 (1) the committee's findings of fact and conclusions
951951 of law to support its final determination; and
952952 (2) if the committee finds that the respondent
953953 violated a house rule, this resolution, or house policy, a
954954 recommendation for any discipline or remedial action, in proportion
955955 to the seriousness of the conduct, necessary to prevent the
956956 violation from occurring again.
957957 (i) No committee report shall be made unless ordered by
958958 two-thirds of the membership of the committee. If a committee
959959 report is ordered, any member of the committee dissenting from the
960960 views of the majority may file a minority report, which is not
961961 subject to House Rule 4, Section 28. The minority report shall be
962962 included with the majority report at each distribution. If the
963963 committee is unable to agree on a recommendation for action or has
964964 an insufficient number of votes to adopt the report prepared by the
965965 committee, it shall submit a statement of this fact as its report.
966966 The committee shall deliver a copy of its report to the complainant
967967 and respondent and, if the respondent is:
968968 (1) a member of the house, to the speaker and the chief
969969 clerk;
970970 (2) an officer of the house, to the speaker; and
971971 (3) an employee of the house, to the employee's
972972 employing authority as set out in this resolution.
973973 (j) All proceedings on a complaint are completely
974974 confidential, and information related to those proceedings may not
975975 be released by any person unless authorized by committee rule or by
976976 the house. Notices of committee hearings, minutes, and witness
977977 lists required under the house rules shall be prepared as directed
978978 by the Committee on House Administration to ensure that no
979979 information is provided that would reasonably lead to the
980980 identification of a complainant, respondent, or witness. If an
981981 individual releases information made confidential by this section
982982 without authorization, that individual is subject to sanction by
983983 the house as authorized by Section 15, Article III, Texas
984984 Constitution, or other law. Any report of the house general
985985 investigating committee under this section is confidential until it
986986 is ordered printed by the house or ordered released by the committee
987987 if the house is not in session.
988988 (k) To the extent of any conflict between this section and
989989 Rule 4 of the House Rules, this section prevails.
990990 ARTICLE 10. COMMITTEE GIFTS
991991 SECTION 10.01. COMMITTEE GIFTS. (a) Subject to the
992992 limitation in Subsection (b) of this section, a member of the house
993993 may not offer, confer, or agree to confer to a committee member one
994994 or more gifts per year with a total value of more than the amount of
995995 the per diem set by the Texas Ethics Commission pursuant to Section
996996 24a(e), Article III, Texas Constitution.
997997 (b) If two or more members of the house join together to
998998 offer, confer, or agree to confer to a committee chair or vice chair
999999 one or more gifts per year, the total value of the gifts may not
10001000 exceed three times the amount of the per diem described in
10011001 Subsection (a) of this section.