|
|
|
R E S O L U T I O N
|
|
BE IT RESOLVED by the House of Representatives of the State of |
|
Texas, That the following is adopted as the housekeeping resolution |
|
for the House of Representatives of the 84th [83rd] Legislature: |
|
HOUSEKEEPING RESOLUTION FOR |
|
THE HOUSE OF REPRESENTATIVES |
|
OF THE TEXAS LEGISLATURE |
|
TABLE OF CONTENTS |
|
ARTICLE 1. GENERAL PROVISIONS 4 |
|
SECTION 1.01. PURPOSE 4 |
|
SECTION 1.02. PRECEDENCE 4 |
|
ARTICLE 2. SPEAKER OF THE HOUSE 4 |
|
SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 4 |
|
SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 5 |
|
SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS; |
|
TRAINING SEMINARS 5 |
|
ARTICLE 3. GENERAL POWERS AND DUTIES OF THE COMMITTEE ON |
|
HOUSE ADMINISTRATION 7 |
|
SECTION 3.01. CONTRACTS 7 |
|
SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS 7 |
|
SECTION 3.03. OPERATING POLICIES 7 |
|
SECTION 3.04. HOUSE POLICY MANUAL 7 |
|
SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING 8 |
|
SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; ASSIGNMENT |
|
OF DESKS, OFFICES, AND PARKING SPACES 8 |
|
SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS; |
|
COPIES OF LEGISLATIVE DOCUMENTS 9 |
|
SECTION 3.08. HONORARY CERTIFICATES 11 |
|
SECTION 3.09. COMPOSITE PHOTOGRAPH 11 |
|
SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING |
|
MEMBERS 11 |
|
SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE 12 |
|
SECTION 3.12. HOUSE RECYCLING PROGRAM 12 |
|
SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE 13 |
|
SECTION 3.14. ACCESS TO HOUSE OFFICES 13 |
|
SECTION 3.15. DPS PANIC BUTTONS 13 |
|
ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES 13 |
|
SECTION 4.01. DEFINITION 13 |
|
SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE |
|
EMPLOYEES OF THE HOUSE 13 |
|
SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL 14 |
|
SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER 14 |
|
SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST |
|
ASSISTANCE 15 |
|
SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS 15 |
|
SECTION 4.07. COMPENSATION 15 |
|
SECTION 4.08. DUTIES 16 |
|
SECTION 4.09. APPEARANCE BEFORE COMMITTEES 17 |
|
SECTION 4.10. CHAMBER ACCESS 17 |
|
SECTION 4.11. VOTING 17 |
|
SECTION 4.12. VOTING RECORDS 17 |
|
SECTION 4.13. CAMPAIGN FOR SPEAKER 17 |
|
SECTION 4.14. POLITICAL INFLUENCE 17 |
|
SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR |
|
GIFTS 18 |
|
SECTION 4.16. DISCHARGE 18 |
|
SECTION 4.17. DURATION OF EMPLOYMENT 19 |
|
SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR |
|
COMMITTEE 19 |
|
SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS 19 |
|
ARTICLE 5. ACCOUNTING 20 |
|
SECTION 5.01. FUNDING OF OFFICE OPERATIONS 20 |
|
SECTION 5.02. OPERATING ACCOUNTS 20 |
|
SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS 21 |
|
SECTION 5.04. |
|
MONTHLY CREDIT 21 |
|
SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE 22 |
|
SECTION 5.05. ACCOUNT CLOSING 23 |
|
SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED 24 |
|
SECTION 5.07. TRAVEL TO AUSTIN DURING SESSION NOT CHARGED TO |
|
OPERATING ACCOUNT 24 |
|
SECTION 5.08. TRAVEL OUTSIDE TEXAS 24 |
|
SECTION 5.09. APPROVAL OF EXPENDITURES 24 |
|
SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS |
|
PROHIBITED 25 |
|
ARTICLE 6. CAUCUSES 25 |
|
SECTION 6.01. DEFINITION 25 |
|
SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND |
|
FACILITIES 25 |
|
SECTION 6.03. CONTRIBUTIONS 26 |
|
SECTION 6.04. MEMBERSHIP AND OFFICER LISTS 27 |
|
SECTION 6.05. REPORT TO ETHICS COMMISSION 27 |
|
ARTICLE 7. HOUSE RESEARCH ORGANIZATION 27 |
|
SECTION 7.01. ESTABLISHMENT 27 |
|
SECTION 7.02. STEERING COMMITTEE 27 |
|
SECTION 7.03. BUDGET 27 |
|
ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM 28 |
|
SECTION 8.01. INTERIM COMMITTEE ACTIVITIES 28 |
|
SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE |
|
ADMINISTRATION DURING INTERIM 28 |
|
ARTICLE 1. GENERAL PROVISIONS |
|
SECTION 1.01. PURPOSE. This resolution is adopted by the |
|
members of the House of Representatives of the 84th [83rd] |
|
Legislature to provide for the efficient and orderly operation of |
|
the house under the supervision of the speaker and the Committee on |
|
House Administration. |
|
SECTION 1.02. PRECEDENCE. The provisions of this |
|
resolution take precedence over the provisions of any resolution |
|
not passed in full compliance with the rules of the house and, |
|
except as otherwise noted herein, shall be in effect during the full |
|
term of the 84th [83rd] Legislature whether in session or |
|
adjournment. |
|
ARTICLE 2. SPEAKER OF THE HOUSE |
|
SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES. The |
|
speaker may make any expenditures or transfers and perform any |
|
function deemed necessary for the effective and efficient operation |
|
of the house of representatives. |
|
SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES. (a) The |
|
speaker's apartment and offices shall be set aside for the use of |
|
the speaker, the speaker's family, and house members, as the |
|
speaker may designate, throughout the speaker's term of office. |
|
(b) The Committee on House Administration may make the |
|
necessary expenditures to operate and properly equip and service |
|
the speaker's apartment and offices and may employ such help as may |
|
be necessary to properly maintain and care for the apartment and |
|
offices. |
|
(c) The speaker and the speaker's family may occupy the |
|
speaker's apartment during the speaker's term of office, utilizing |
|
the services of employees of the house and others on a temporary |
|
basis, if and as needed. |
|
(d) The speaker may obtain through the Committee on House |
|
Administration the necessary supplies and services to operate the |
|
speaker's office and may also have paid through that committee |
|
necessary [local and long distance] telephone charges. |
|
SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS; |
|
TRAINING SEMINARS. (a) The speaker may attend any meetings of or |
|
sponsored by the Council of State Governments and any meetings on |
|
problems of federal-state relations and interstate relations and |
|
cooperation, and any other governmental meeting in or outside the |
|
state. |
|
(b) The speaker may appoint members of the house, staff |
|
members, and other employees of the house to accompany or represent |
|
the speaker at these meetings or to attend in-service training |
|
courses sponsored by the Council of State Governments or the |
|
National Conference of State Legislatures or similar training |
|
courses, conferences, or seminars as the speaker may determine. |
|
(c) Members of the house attending meetings under this |
|
section while the legislature is in session may be reimbursed for |
|
actual and necessary expenses. Members of the house attending |
|
meetings under this section while the legislature is not in session |
|
and staff members and other employees of the house attending |
|
meetings at any time under this section may be reimbursed for either |
|
actual and necessary expenses or receive a per diem not to exceed |
|
that provided by law for state officials or state employees. In |
|
addition, members, staff, and other employees attending meetings |
|
under this section may be reimbursed for mileage or other |
|
transportation expenses at the same rate as provided by law for |
|
state officials or state employees together with registration fees |
|
and tuition. To receive payment under this subsection, sworn |
|
expense accounts must be filed with and approved by the chair of the |
|
Committee on House Administration or an officer of the house |
|
designated in writing by the Committee on House Administration. |
|
Prior written approval of the chair of the Committee on House |
|
Administration to attend any such meetings, conferences, seminars, |
|
or training courses is a prerequisite for reimbursement for travel |
|
and other related expenses. |
|
(d) Reimbursement for expenses incurred by a member, staff |
|
member, or employee of the house in an appointive capacity |
|
resulting from an appointment made by anyone other than the speaker |
|
shall be made only in the event that the appointment and expenses to |
|
be incurred have been previously approved in writing by the |
|
Committee on House Administration. |
|
(e) The speaker may expend money for memberships in |
|
interstate associations of legislators considered necessary to |
|
discharge properly the duties and responsibilities of the office of |
|
speaker. |
|
ARTICLE 3. GENERAL POWERS AND DUTIES OF THE |
|
COMMITTEE ON HOUSE ADMINISTRATION |
|
SECTION 3.01. CONTRACTS. The Committee on House |
|
Administration shall approve all contracts necessary for the |
|
effective operation of the divisions of the house and its |
|
committees. |
|
SECTION 3.02. HOUSE AND COMMITTEE OPERATING BUDGETS. The |
|
Committee on House Administration shall consider and adopt |
|
operating budgets that cover both session and interim periods for |
|
the divisions of the house and all committees appointed pursuant to |
|
the resolution adopting the rules of the house or appointed by the |
|
speaker pursuant to any other resolution. A budget adopted by the |
|
Committee on House Administration must be adopted in a public |
|
hearing. Each requested operating budget and each operating budget |
|
proposed for adoption must be posted on the Internet website of the |
|
committee in advance of the hearing. |
|
SECTION 3.03. OPERATING POLICIES. The Committee on House |
|
Administration shall effectuate policies and determine guidelines |
|
for the operation of the divisions and committees of the house. |
|
SECTION 3.04. HOUSE POLICY MANUAL. The Committee on House |
|
Administration shall prepare and distribute to all members, within |
|
60 days after the convening of the regular session, policy |
|
statements to include, but not be limited to, policies pertaining |
|
to members as a class. |
|
SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING. The |
|
Committee on House Administration shall: |
|
(1) provide and maintain for the use of the speaker, |
|
members, employees, divisions, and committees of the house such |
|
stationery, stamps, office equipment, furniture, fixtures, |
|
supplies, and telephone and other services as may be necessary; |
|
(2) keep an itemized account of the quantity and cost |
|
of every kind of material received, and the source from which it was |
|
received; |
|
(3) maintain an annual operating account for each |
|
member, division, and committee authorized by the Committee on |
|
House Administration to make expenditures and charge each operating |
|
account with daily expenditures, withdrawals from inventory, and |
|
interdepartmental services; |
|
(4) furnish a monthly statement for the expenditures |
|
of each member, division, and committee of the house; and |
|
(5) adopt any rules, regulations, and policies |
|
necessary to effectively provide and account for the |
|
above-mentioned services. |
|
SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; |
|
ASSIGNMENT OF DESKS, OFFICES, AND PARKING SPACES. (a) The |
|
Committee on House Administration shall: |
|
(1) be in charge of and provide for the protection, |
|
maintenance, and use of the hall of the house, all committee rooms, |
|
offices of members and house departments, the speaker's office and |
|
apartment, and other space under the jurisdiction of the house; |
|
(2) make permanent assignments of desks and offices to |
|
members of the house; |
|
(3) adopt and enforce a plan for the parking of motor |
|
vehicles on the portion of the Capitol grounds under house |
|
jurisdiction; |
|
(4) be in charge of and provide for the protection, |
|
maintenance, and use of the furniture, fixtures, equipment, and |
|
records of the house; |
|
(5) purchase, remodel, repair, restore, or replace any |
|
furniture, fixtures, equipment, and other furnishings to maintain |
|
the dignity and appearance of space occupied by the house; and |
|
(6) determine the hours the hall of the house shall be |
|
open to visitors. |
|
(b) Any member who is not a member-elect of the 85th [84th] |
|
Legislature shall vacate the member's office space before December |
|
1, 2016 [2014]. If the office is not vacated on that date, the |
|
Committee on House Administration shall immediately remove the |
|
member's personal effects and store them in an appropriate place in |
|
order that the member-elect to whom the office space is assigned may |
|
move in. The Committee on House Administration shall ensure that |
|
each member-elect of the 85th [84th] Legislature who was not a |
|
member of the 84th [83rd] Legislature is permitted to move into and |
|
begin using the member-elect's office space at least 72 hours |
|
before the time the 85th [84th] Legislature is scheduled to |
|
convene. |
|
SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS; |
|
COPIES OF LEGISLATIVE DOCUMENTS. (a) The Committee on House |
|
Administration shall: |
|
(1) have completed and preserved the official records |
|
of the house; |
|
(2) have charge of and approve the operation and |
|
maintenance of the printing and duplicating facilities of the |
|
house, provided, however, that the use of the house printing and |
|
duplicating facilities is restricted to agencies of the legislative |
|
branch and any other operation thereof is strictly prohibited |
|
unless previously authorized in writing by the Committee on House |
|
Administration or an officer of the house designated in writing by |
|
the speaker; |
|
(3) determine the number of copies of the daily House |
|
Journal to be printed and have jurisdiction over the mailing and |
|
distribution of the daily journal; and |
|
(4) determine the number of copies of the House |
|
Journal that will be furnished to each member for distribution by |
|
the member. |
|
(b) The employee in charge of the printing facilities must |
|
keep at least one copy of all items printed or duplicated and a copy |
|
of the work order authorizing such printing. |
|
(c) Copies of bills, resolutions, and attachments thereto |
|
shall be made available free of charge to members of the house who |
|
call at the bill distribution office and request them, and the cost |
|
of these copies shall be paid from funds appropriated for that |
|
purpose by the legislature. If the Committee on House |
|
Administration finds gross abuse of this privilege, it may |
|
establish a policy regarding such distribution. |
|
SECTION 3.08. HONORARY CERTIFICATES. The Committee on |
|
House Administration shall provide for the use of members |
|
appropriate certificates to commend, congratulate, and |
|
memorialize. Such certificates shall be printed with a signature |
|
line for the name of the presenting member and adequate space for |
|
insertion of the name of the individual or organization to be |
|
honored. |
|
SECTION 3.09. COMPOSITE PHOTOGRAPH. (a) The Committee on |
|
House Administration shall select a suitable photographer to take |
|
individual photographs of each member. The photographer shall |
|
prepare a composite photograph of the members of the house composed |
|
of the individual photographs of each member arranged on a panel, of |
|
the same size as used in previous sessions, in such manner as to |
|
approximate the location of each member's desk on the house floor. |
|
The member's name and the county of residence shall be printed under |
|
the member's photograph, and the composite shall be framed and hung |
|
in the hall of the house during the regular session. |
|
(b) The photographs for the composite panel shall be |
|
provided without cost to the members, and the expense of the |
|
composite panel shall be paid from the expense fund of the house. |
|
(c) The Committee on House Administration shall establish, |
|
with concurrence of the photographer, a price to charge members for |
|
any prints of photographs they wish to purchase. |
|
SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING MEMBERS. |
|
If a person is serving as a temporary acting member of the house |
|
under Section 72, Article XVI, Texas Constitution, in the place of a |
|
house member on active military duty, the Committee on House |
|
Administration, with the approval of the speaker and in |
|
consultation with the temporary acting member and, if available, |
|
the member on military duty, may adopt policies regarding a |
|
temporary acting member that the committee considers necessary for |
|
the efficient administration and performance of the duties of the |
|
house consistent with this resolution, the rules of the house, and |
|
the Texas Constitution. |
|
SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE. (a) |
|
The Committee on House Administration shall display the motto "In |
|
God We Trust" on the electronic message screen at the front of the |
|
hall of the house. |
|
(b) The motto shall be large enough to be read throughout |
|
the hall. |
|
(c) The motto shall be displayed at all times that the |
|
electronic message screen is not being used to conduct legislative |
|
business during a session of the house and shall be at least as |
|
prominent as any other information displayed on the electronic |
|
message screen. |
|
(d) The Committee on House Administration shall convey to |
|
the State Preservation Board the desire of the house of |
|
representatives to maintain the permanent display of the motto on |
|
the face of the portico located over the speaker's podium. |
|
SECTION 3.12. HOUSE RECYCLING PROGRAM. The Committee on |
|
House Administration, in coordination with the State Preservation |
|
Board, shall implement a program for recycling paper, plastic, and |
|
other recyclable materials from house offices. |
|
SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE. |
|
The Committee on House Administration shall provide for the posting |
|
of all notices for hearings of joint committees of the house and |
|
senate on the house website regardless of whether the notice is |
|
posted on the senate website. |
|
SECTION 3.14. ACCESS TO HOUSE OFFICES. A house member and |
|
the member's staff may control access by the public to the member's |
|
office and may exclude visitors from the office at their |
|
discretion. If a person refuses to leave the member's office when |
|
requested, the member may request assistance from the Department of |
|
Public Safety. |
|
SECTION 3.15. DPS PANIC BUTTONS. The Committee on House |
|
Administration shall work with the Department of Public Safety to |
|
ensure that each house office may request a panic button that the |
|
house member and the member's staff may use to alert the department |
|
to an emergency in the office. The member may reimburse the |
|
Committee on House Administration for the cost of the panic button |
|
equipment in monthly installments over the fiscal year. |
|
ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES |
|
SECTION 4.01. DEFINITION. Unless expressly provided |
|
otherwise, in this article "employee" means any person compensated |
|
from funds appropriated to the house. The term includes persons for |
|
whom the employing authority is the speaker, the Committee on House |
|
Administration, an individual member, or a committee. |
|
SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE |
|
EMPLOYEES OF THE HOUSE. (a) The officers of the house and the |
|
employees of the house responsible for supervising the departments |
|
and divisions that support the operation of the house shall be |
|
appointed by and serve at the pleasure of the speaker. |
|
(b) The speaker shall have the right to discharge any |
|
officer or supervisory administrative employee when the best |
|
interest of the house of representatives would be served by so |
|
doing. |
|
(c) The authority to appoint and discharge officers and |
|
supervisory administrative employees may be delegated to the |
|
Committee on House Administration to the extent and for the length |
|
of time the speaker determines. |
|
(d) In the event of the absence, resignation, or death of |
|
any officer or supervisory administrative employee the speaker may |
|
designate a person to take charge of and attend to all the duties of |
|
the office affected until the officer or employee returns or until a |
|
successor is chosen. |
|
SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL. (a) The |
|
Committee on House Administration shall employ all personnel |
|
necessary for the operation of the house other than: |
|
(1) those appointed under Section 4.02; or |
|
(2) employees of an individual member or committee. |
|
(b) For purposes of this article, the Committee on House |
|
Administration is the employing authority for all house employees |
|
other than those for whom the employing authority is the speaker, an |
|
individual member, or a committee. |
|
SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER. A member may |
|
employ, with funds from the member's operating budget, such staff |
|
as the member deems necessary. |
|
SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST |
|
ASSISTANCE. (a) The Committee on House Administration shall |
|
provide funds for the adequate staffing of all standing committees |
|
of the house and all other committees appointed by the speaker. |
|
(b) Select committees, interim study committees, standing |
|
committees, or subcommittees appointed pursuant to the resolution |
|
adopting the rules of the house or appointed by the speaker pursuant |
|
to any other resolution may employ any person, firm, or |
|
corporation, subject to budget limitations. Those committees or |
|
subcommittees may ask for the assistance of any of the employees, |
|
agencies, departments, or branches of the state government. |
|
SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS. |
|
(a) An employee shall be on duty on the days and hours determined by |
|
the employing authority. |
|
(b) All offices of the departments and divisions that |
|
support the operations of the house shall be open on days and hours |
|
determined by the Committee on House Administration or the speaker |
|
and other hours that the house or its committees are in session. |
|
SECTION 4.07. COMPENSATION. (a) Officers and supervisory |
|
administrative employees of the house shall receive the |
|
compensation that the speaker or Committee on House Administration |
|
determines. |
|
(b) The Committee on House Administration shall fix the |
|
compensation of house personnel employed under Section 4.03. A |
|
person employed under that section who is absent without leave |
|
shall not receive compensation for the time missed. |
|
(c) The salaries of employees of individual members, |
|
committees, and the house shall begin when they are instructed to |
|
start work by their respective employing authority. |
|
(d) Except as provided by Subsections (e) and (f) of this |
|
section, an employee of an individual member, a committee |
|
employee, or any person, firm, or corporation employed by a |
|
committee or subcommittee may not be paid a salary in excess of |
|
$5,151 [$5,000] for any one month. |
|
(e) A member may exempt one employee of the individual |
|
member and, if the member is a chair of a standing or select |
|
committee, one employee of the standing or select committee the |
|
member chairs from the salary cap imposed by Subsection (d) of this |
|
section. Each calendar year the member shall file with the |
|
Committee on House Administration a statement designating the |
|
exempt employee or employees, as appropriate. During a calendar |
|
year after an exempt employee has been designated, the member may |
|
exempt a different employee from the salary cap only if the employee |
|
previously designated as exempt for the calendar year is no longer |
|
employed by the member or committee, as appropriate. The exempt |
|
employee may not receive compensation from the operating account of |
|
any other committee or member. |
|
(f) The Committee on House Administration may increase the |
|
amount of the salary cap imposed by Subsection (d) of this section |
|
to account for any increase in salary provided to all state |
|
employees during the biennium that begins during the term of the |
|
legislature to which this resolution applies. |
|
SECTION 4.08. DUTIES. An employee shall perform all duties |
|
directed by the employing authority. |
|
SECTION 4.09. APPEARANCE BEFORE COMMITTEES. An employee |
|
may appear before a standing or select committee on a measure when |
|
granted permission by majority vote of the committee. |
|
SECTION 4.10. CHAMBER ACCESS. (a) An employee may not |
|
enter the house chamber when the house is in session except when |
|
performing official duties and specifically authorized by the |
|
Committee on House Administration. |
|
(b) An employee may not enter the area on the floor of the |
|
house enclosed by the railing when the house is in session except |
|
when specifically authorized by the Committee on House |
|
Administration. |
|
SECTION 4.11. VOTING. An employee may not cast a vote for a |
|
member on the voting machine or otherwise. |
|
SECTION 4.12. VOTING RECORDS. An employee may not compile |
|
or release any information concerning the voting record of any |
|
member of the house for any session of the legislature except when a |
|
member requests information about that member's personal voting |
|
record or when the information is for the journal or other official |
|
records. |
|
SECTION 4.13. CAMPAIGN FOR SPEAKER. An employee may not |
|
campaign or assist in the campaign of any candidate for speaker. |
|
SECTION 4.14. POLITICAL INFLUENCE. An employee may not |
|
attempt to, or aid anyone in an attempt to, influence any member of |
|
the house in favor of or against any measure pending before the |
|
legislature, either directly or indirectly, except when answering |
|
questions or giving information at the request of a member of the |
|
house. |
|
SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR |
|
GIFTS. An employee may not receive, directly or indirectly, any |
|
compensation, by gift or otherwise, from any other source, unless |
|
specifically authorized by the employing authority. |
|
SECTION 4.16. DISCHARGE. (a) The employing authority of an |
|
employee shall have primary responsibility for overseeing and |
|
discharging the employee. An employee is subject to immediate |
|
discharge by the employing authority for violation of any section |
|
of this article or any other applicable rule. |
|
(b) An individual member or chair of a committee employing |
|
an employee who violates any applicable section of this article or |
|
any rule shall be advised of the violation by the chair of the |
|
Committee on House Administration, and the employing authority |
|
shall take appropriate action with regard to the employee in |
|
question. |
|
(c) In addition to being subject to immediate discharge by |
|
the employing authority under Subsection (a) of this section, an |
|
employee is subject to discharge by the chair of the Committee on |
|
House Administration, with the approval of the committee, if: |
|
(1) the employee is not needed and, if the employee is |
|
employed in an individual member's office or by a committee, the |
|
member or committee chair has resigned, is deceased, or is |
|
incapacitated; or |
|
(2) the employee is guilty of gross misconduct. |
|
(d) The Committee on House Administration may authorize the |
|
chair of the Committee on House Administration to conduct an |
|
investigation into allegations of gross misconduct. The chair may, |
|
with the approval of the committee, discharge or otherwise |
|
discipline an employee of an individual member or committee if the |
|
Committee on House Administration finds that the employee has |
|
engaged in gross misconduct. |
|
SECTION 4.17. DURATION OF EMPLOYMENT. The period of |
|
employment of all employees shall be determined by the employing |
|
authority, except that employees of all committees and of |
|
individual members who are not members-elect of the next |
|
legislature shall be terminated not later than noon on the day of |
|
the convening of the next regular session. |
|
SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR |
|
COMMITTEE. (a) Members may join in the employment of a research |
|
assistant or assistants to be paid jointly from their operating |
|
budgets. Unless expressly authorized by the provisions of this |
|
resolution, the members who join together to sponsor such research |
|
shall not constitute a committee, task force, or group to operate in |
|
any official or quasi-official manner not specifically authorized |
|
under the Rules of the House of Representatives. |
|
(b) No person, firm, or corporation may be employed by more |
|
than two committees or subcommittees. |
|
SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS. The job |
|
title for each position shall be determined by the employing |
|
authority. The employing authority and the house business office |
|
shall classify each job title for accounting purposes according to |
|
the following position classifications, unless otherwise |
|
determined by the Committee on House Administration: |
|
(a) Member Employees |
|
1. Chief of Staff |
|
2. General Counsel |
|
3. Legislative Director |
|
4. Legislative Assistant |
|
5. Administrative Assistant |
|
6. Special Project Coordinator |
|
7. Intern |
|
(b) Committee Employees |
|
1. Committee General Counsel |
|
2. Chief Committee Clerk |
|
3. Committee Clerk |
|
(c) Research Employees |
|
1. Research Director |
|
2. Research Assistant |
|
3. Policy Analyst |
|
ARTICLE 5. ACCOUNTING |
|
SECTION 5.01. FUNDING OF OFFICE OPERATIONS. (a) Each |
|
member of the house shall be allocated funds for staff, office |
|
supplies, office equipment, postage, printing, telephone, travel, |
|
and such other reasonable and necessary office expenses as may be |
|
determined by the Committee on House Administration. |
|
(b) The manner in which funds are allocated, and the amounts |
|
thereof, are as provided by this article. |
|
SECTION 5.02. OPERATING ACCOUNTS. (a) Each member who |
|
served in the 83rd [82nd] Legislature shall have the following |
|
operating accounts for the 84th [83rd] Legislature: |
|
(1) a Fiscal Year 15 [13] Operating Account (September |
|
1, 2014 [2012], through August 31, 2015 [2013]); |
|
(2) a Fiscal Year 16 [14] Operating Account (September |
|
1, 2015 [2013], through August 31, 2016 [2014]); and |
|
(3) a Fiscal Year 17 [15] Operating Account (September |
|
1, 2016 [2014], through January 10, 2017 [13, 2015]). |
|
(b) Each member who did not serve in the 83rd [82nd] |
|
Legislature shall have the same operating accounts for the 84th |
|
[83rd] Legislature as a returning member under Subsection (a) of |
|
this section except that the duration of the Fiscal Year 15 [13] |
|
Operating Account is from January 13, 2015 [8, 2013], through |
|
August 31, 2015 [2013]. |
|
(c) For each member who served in the 83rd [82nd] |
|
Legislature, it shall not be necessary to close the member's Fiscal |
|
Year 15 [13] Operating Account when the 84th [83rd] Legislature |
|
convenes. |
|
SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each |
|
member who did not serve in the 83rd [82nd] Legislature may have |
|
credited to the member's Fiscal Year 15 [13] Operating Account the |
|
amount of $2,000. |
|
SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating |
|
account shall be credited with $14,250 [$13,250] for each month |
|
that falls wholly or partly during the regular legislative session |
|
or a special legislative session. In any other month, each member's |
|
operating account shall be credited with $13,500 [$11,925]. |
|
(b) The Committee on House Administration may provide to the |
|
dean and the speaker pro tempore of the house additional funds as |
|
may be determined to be necessary for the duties of those offices to |
|
be fulfilled. |
|
(c) The Committee on House Administration may increase the |
|
amount credited each month to each member's operating account in an |
|
amount to allow for an increase in: |
|
(1) the salary cap as provided by Section 4.07(f); or |
|
(2) longevity pay as authorized by legislation. |
|
SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE. |
|
(a) On the third business day of each calendar month, the House |
|
Business Office shall determine the available, unobligated balance |
|
at the end of the preceding calendar month for each member's |
|
operating account and each committee operating account. If the |
|
House Business Office determines that a member's operating account |
|
has a negative balance at the end of the preceding calendar month, |
|
the office shall provide notice to the member and the member shall |
|
deposit funds in the account equal to the negative balance not later |
|
than the 10th business day after the date the member receives notice |
|
of the deficit from the House Business Office; provided, however, |
|
that if a member deposits funds in the member's operating account to |
|
cover a negative balance under this subsection and the member later |
|
has a positive balance in the member's operating account at the end |
|
of a calendar month in the same fiscal year in which the member |
|
deposited the funds to cover the negative balance, the member may |
|
use the excess money in the member's operating account at that time |
|
to reimburse the member in an amount not to exceed the amount the |
|
member earlier deposited to cover the negative balance. |
|
(b) A committee operating account may not operate at a |
|
deficit. |
|
(c) If a member is not a member-elect of the 85th [84th] |
|
Legislature, the member's operating account may not operate at a |
|
deficit after November 30, 2016 [2014]. |
|
SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal |
|
Year 15 [13] Operating Account shall be closed as of August 31, 2015 |
|
[2013]. |
|
(b) Each member may carry forward and have credited to the |
|
member's Fiscal Year 16 [14] Operating Account the unexpended |
|
balance of the member's Fiscal Year 15 [13] Operating Account, not |
|
to exceed $20,000. If the member is the chair of a committee, the |
|
member may transfer and have credited to that committee's operating |
|
account all or part of that unexpended balance, not to exceed |
|
$20,000, and may have the remainder of that amount credited to the |
|
member's Fiscal Year 16 [14] Operating Account. |
|
(c) Each member's Fiscal Year 16 [14] Operating Account |
|
shall be closed as of August 31, 2016 [2014]. |
|
(d) Each member may carry forward and have credited to the |
|
member's Fiscal Year 17 [15] Operating Account the unexpended |
|
balance of the member's Fiscal Year 16 [14] Operating Account, not |
|
to exceed $20,000. If the member is the chair of a committee, the |
|
member may transfer and have credited to that committee's operating |
|
account all or part of that unexpended balance, not to exceed |
|
$20,000, and may have the remainder of that amount credited to the |
|
member's Fiscal Year 17 [15] Operating Account. |
|
(e) A member who is the chair of a committee may not transfer |
|
and have credited to that member's operating account any portion of |
|
the unexpended balance of the committee's operating account. |
|
SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED. All |
|
expenditures shall be charged to the period in which they are |
|
encumbered. |
|
SECTION 5.07. TRAVEL TO AUSTIN DURING SESSION NOT CHARGED |
|
TO OPERATING ACCOUNT. While the legislature is in session, the |
|
travel expenses of members for one trip each week between Austin and |
|
their districts and return shall not be charged against the |
|
members' operating accounts but shall be paid from funds |
|
appropriated for that purpose by the legislature. |
|
SECTION 5.08. TRAVEL OUTSIDE TEXAS. A member is entitled to |
|
be reimbursed for actual and necessary expenses incurred while |
|
traveling outside Texas in the performance of legislative duties |
|
and responsibilities. If the reimbursement is for travel inside |
|
the conterminous United States, reimbursement is limited to twice |
|
the amount that would be reimbursed to state employees for the same |
|
travel under the comptroller's guidelines and rates governing |
|
travel by state employees. |
|
SECTION 5.09. APPROVAL OF EXPENDITURES. (a) No allowance |
|
included in this resolution shall be expended except for actual |
|
salaries or actual expenses of the house, its members, departments, |
|
committees, and employees and for such other expenses as are |
|
authorized by the Committee on House Administration. |
|
(b) The Committee on House Administration may not authorize |
|
any expenditures of funds for personal or political campaign |
|
reasons. |
|
(c) All expenditures authorized by this resolution shall be |
|
paid from funds appropriated for the use of the house of |
|
representatives by vouchers or other forms approved by the speaker |
|
of the house and the Committee on House Administration. |
|
SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS |
|
PROHIBITED. No public funds appropriated to the house or expended |
|
by any house member, committee, or office may be spent or promised |
|
to settle in whole or part a legal claim brought or threatened to be |
|
brought against the house or a member, committee, office, or |
|
employee of the house unless the settlement is made with the |
|
participation and approval of the attorney general and notice of |
|
any settlement is promptly given to the public. |
|
ARTICLE 6. CAUCUSES |
|
SECTION 6.01. DEFINITION. In this article, "caucus" means |
|
an organization that is composed exclusively of members of the |
|
legislature, that elects or appoints officers and recognizes |
|
identified legislators as members of the organization, and that |
|
exists for research and other support of policy development and |
|
interests that the membership holds in common. An organization |
|
whose only nonlegislator members are the lieutenant governor or the |
|
governor remains a "caucus" for purposes of this section. |
|
SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND |
|
FACILITIES. (a) Except as expressly authorized by this section, |
|
funds appropriated to the house may not be expended in support of a |
|
caucus, employees compensated from funds appropriated to the house |
|
may not perform caucus activities, and state-owned equipment may |
|
not be used in the performance of caucus activities. |
|
(b) An individual member of the house may authorize the use |
|
of state equipment assigned to the member's office and the |
|
performance of caucus activities by an employee of the member only |
|
if: |
|
(1) the member determines that the activities support |
|
the member's official duties; |
|
(2) the caucus does not endorse or support a candidate |
|
for public office; and |
|
(3) the caucus does not accept contributions from |
|
nonmembers that are in violation of Section 253.0341, Election |
|
Code. |
|
(c) A caucus may use the meeting rooms of the Capitol and |
|
Capitol extension to conduct meetings of the caucus membership, to |
|
host public forums on matters of interest to the caucus, or to |
|
facilitate the work of the caucus or a caucus employee. |
|
(d) An individual member may house, in the state office |
|
space assigned to the member, caucus employees or equipment owned |
|
by a caucus. A member may retain in the member's office a |
|
telephone, facsimile machine, or computer owned by the caucus for |
|
purposes of the member's communication with the caucus or caucus |
|
employees. |
|
(e) From space under the jurisdiction of the house, the |
|
Committee on House Administration may assign: |
|
(1) one office space and one parking space for use by |
|
the Texas Republican Legislative Caucus; and |
|
(2) one office space and one parking space for use by |
|
the House Democratic Caucus. |
|
SECTION 6.03. CONTRIBUTIONS. (a) A person acting on behalf |
|
of a caucus may not knowingly accept a contribution in violation of |
|
Section 253.0341, Election Code. |
|
(b) A person acting on behalf of a caucus may not knowingly |
|
accept a contribution, and shall refuse a contribution that is |
|
received, in the Capitol. |
|
SECTION 6.04. MEMBERSHIP AND OFFICER LISTS. Each caucus |
|
shall provide to the chief clerk, on a regular basis, a list of its |
|
current membership and officers. |
|
SECTION 6.05. REPORT TO ETHICS COMMISSION. Each caucus |
|
shall file a report of contributions and expenditures with the |
|
Texas Ethics Commission as required by Section 254.0311, Election |
|
Code. |
|
ARTICLE 7. HOUSE RESEARCH ORGANIZATION |
|
SECTION 7.01. ESTABLISHMENT. The Committee on House |
|
Administration shall provide operating funds for a house research |
|
organization that will be an administrative department of the house |
|
and may for that purpose adopt policies and procedures relating to |
|
the administrative operation of that organization. |
|
SECTION 7.02. STEERING COMMITTEE. The functions and duties |
|
performed by the house research organization shall be governed by a |
|
15-member steering committee composed of house members serving |
|
staggered four-year terms, who are subject to approval of the house |
|
membership. |
|
SECTION 7.03. BUDGET. The house research organization |
|
shall have an operating account and in compliance with the terms of |
|
its establishment shall operate under a budget approved by the |
|
steering committee and the Committee on House Administration. |
|
ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM |
|
SECTION 8.01. INTERIM COMMITTEE ACTIVITIES. (a) Pursuant |
|
to the Legislative Reorganization Act of 1961 (Subchapter B, |
|
Chapter 301, Government Code), standing committees of the house |
|
established by the rules of the house may hold meetings while the |
|
legislature is not in session. |
|
(b) The speaker may grant authority to select committees, |
|
interim study committees, subcommittees, or standing committees of |
|
the house to hold meetings while the legislature is not in session |
|
as the speaker considers necessary and desirable to conduct the |
|
business of the house and to assist the speaker in conducting the |
|
business of the house, under a pattern of operation and |
|
restrictions determined by the rules of the house. |
|
(c) The committee members and employees may either be |
|
reimbursed for actual and necessary expenses or receive a per diem |
|
not to exceed that provided by law for state officials or state |
|
employees, along with mileage or other transportation expenses at |
|
the same rate as provided by law for state officials or state |
|
employees when conducting such business and attending those |
|
meetings when approved by the Committee on House Administration. |
|
SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE |
|
ADMINISTRATION DURING INTERIM. (a) When the legislature is not in |
|
session, the Committee on House Administration may act as provided |
|
by this section. |
|
(b) The committee may call meetings for the transaction of |
|
necessary business, and the committee members shall be reimbursed |
|
for expenses incurred by them when attending such meetings or when |
|
in performance of their duties as members of the Committee on House |
|
Administration, the reimbursement to be either actual and necessary |
|
expenses or a per diem not to exceed that provided by law for state |
|
officials or state employees, along with mileage or other |
|
transportation expenses at the same rate as provided by law for |
|
state officials or state employees. |
|
(c) The committee may reimburse authorized members and |
|
employees for expenses incurred by them when traveling in the |
|
performance of their legislative duties and responsibilities |
|
within their respective districts or within any county in which any |
|
part of their districts lie or from their districts to the State |
|
Capitol, the reimbursement to be either actual and necessary |
|
expenses or a per diem not to exceed that provided by law for state |
|
officials or state employees, along with mileage or other |
|
transportation expenses at the same rate as provided by law for |
|
state officials or state employees. |
|
(d) The committee may pay for all other reasonable and |
|
necessary expenses, including operation of each member's district |
|
office, incurred by the members of the house of representatives. |
|
The expenses shall be paid from funds appropriated for that |
|
purpose, or any other funds appropriated for the use of the house of |
|
representatives, on vouchers or other forms approved by the chair |
|
of the Committee on House Administration, in accordance with |
|
regulations governing such expenditures. |
|
(e) The committee may assign or reassign parking places in |
|
the best interest of the house under such terms and conditions as |
|
the committee deems necessary. |
|
|
Geren |
|
|
|
______________________________ |
|
Speaker of the House |
|
|
I certify that H.R. No. 3 was adopted by the House on January |
|
14, 2015, by the following vote: Yeas 137, Nays 5, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|