Bill Text: TX HB4181 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the organization and efficient operation of the legislative branch of state government.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4181 Detail]
Download: Texas-2019-HB4181-Enrolled.html
H.B. No. 4181 |
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relating to the organization and efficient operation of the | ||
legislative branch of state government. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 301.001, 301.002, 301.003, 301.004, and | ||
301.005, Government Code, are amended to read as follows: | ||
Sec. 301.001. TIME AND PLACE OF MEETING. The legislature | ||
shall convene at the seat of government in regular session at 12 | ||
noon on the second Tuesday in January of each odd-numbered year. | ||
Sec. 301.002. WHO MAY ORGANIZE. (a) The following | ||
individuals [ |
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(1) senators who have not completed their terms of | ||
office; and | ||
(2) individuals who have received certification of | ||
election to the [ |
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(b) Only the individuals who have received certification of | ||
election to the house of representatives may organize the house of | ||
representatives. | ||
Sec. 301.003. [ |
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the organization of the house of representatives. | ||
(b) If there is no secretary of state or if the secretary of | ||
state is absent or unable to attend, the attorney general shall | ||
attend and preside at the organization of the house of | ||
representatives. | ||
(c) The lieutenant governor shall attend and preside at the | ||
organization of the senate. If the lieutenant governor is absent or | ||
unable to attend, the lieutenant governor may designate a member of | ||
the senate who is entitled to organize the senate under Section | ||
301.002(a)(1) to preside [ |
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(d) If there is no lieutenant governor, the senator with the | ||
greatest number of years of cumulative service as a member of the | ||
senate who is entitled to organize the senate under Section | ||
301.002(a)(1) shall preside. | ||
Sec. 301.004. TEMPORARY OFFICERS; DUTIES [ |
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If the secretary of the senate for the previous session is present, | ||
that individual shall act as temporary secretary of the senate. If | ||
the chief clerk of the house of representatives for the previous | ||
session is present, the secretary of state shall appoint that | ||
individual to act as temporary chief clerk. The presiding officer | ||
of each house of the legislature shall appoint any temporary | ||
officers necessary to ensure the organization of the legislature. | ||
(b) Under the direction of the presiding officer [ |
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districts of the appropriate house [ |
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has received the election returns for each district [ |
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(c) [ |
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proper evidence of the individual's [ |
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shall be admitted or qualified as if the individual's election | ||
returns had been made to the secretary of state. | ||
(d) [ |
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districts and the senators-elect have appeared and presented their | ||
credentials, the official oath shall be administered to each | ||
senator-elect by an officer authorized by law to administer oaths. | ||
(e) After the chief clerk has called the districts | ||
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have appeared and presented their credentials, the chief clerk | ||
shall administer the official oath to each member-elect. | ||
(f) The presiding officer of each house shall ensure that a | ||
journal of the proceedings of that house is kept. | ||
Sec. 301.005. LACK OF QUORUM. If a quorum is not present in | ||
a house of the legislature on the day the legislature is to convene, | ||
the presiding officer of that house [ |
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secretary of the senate or chief clerk, as appropriate, shall | ||
attend each day until a quorum appears and is qualified. | ||
SECTION 2. Section 301.006, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) After the senators-elect have taken the official oath, | ||
the senate shall choose necessary officers, and the lieutenant | ||
governor or an officer authorized by law to administer oaths shall | ||
administer the official oath to those officers. | ||
SECTION 3. The heading to Subchapter B, Chapter 301, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. COMMITTEES AND COMMITTEE PROCEDURE [ |
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SECTION 4. Section 301.014, Government Code, is amended to | ||
read as follows: | ||
Sec. 301.014. POWERS AND DUTIES OF STANDING COMMITTEES. | ||
(a) Each standing committee shall: | ||
(1) conduct a continuing study of any matter within | ||
its jurisdiction and of the instrumentalities of government | ||
administering or executing the matter; | ||
(2) examine the administration and execution of all | ||
laws relating to matters within its jurisdiction; | ||
(3) conduct investigations to collect adequate | ||
information and materials necessary to perform its duties; and | ||
(4) [ |
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appropriate house any legislation the committee believes is | ||
necessary and desirable. | ||
(b) [ |
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files of each state department, agency, or office as necessary to | ||
perform the committee's duties. | ||
(c) [ |
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legislative endeavors to considering bills, resolutions, or other | ||
proposals submitted by individual legislators. Each committee | ||
shall search for problems within its jurisdiction and develop, | ||
formulate, [ |
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legislative solution the committee believes is desirable. | ||
SECTION 5. Section 301.015(b), Government Code, is amended | ||
to read as follows: | ||
(b) When the legislature is not in session, each standing | ||
committee shall meet as necessary to transact the committee's | ||
business. Each committee shall meet in Austin, except that if | ||
authorized by rule or resolution of the house creating the | ||
committee, the committee may meet in any location in this state that | ||
the committee determines necessary. To the extent authorized by | ||
rule or resolution, each committee may determine its meeting times. | ||
SECTION 6. Sections 301.016 and 301.017, Government Code, | ||
are amended to read as follows: | ||
Sec. 301.016. SPECIAL COMMITTEES. (a) By rule or | ||
resolution, each house acting individually or the two houses acting | ||
jointly may create special committees. | ||
(b) A special committee shall perform the duties and | ||
functions and exercise the powers prescribed by the rule or | ||
resolution creating the committee. | ||
(c) Except as limited by the rule or resolution creating the | ||
special committee, a special committee shall have and exercise the | ||
powers granted under this subchapter to a standing committee. A | ||
special committee also has any other powers delegated to it by the | ||
rule or resolution creating the committee, subject to the | ||
limitations of law. | ||
Sec. 301.017. GENERAL INVESTIGATING COMMITTEES. (a) By | ||
rule or resolution, each house may create a general investigating | ||
committee. | ||
(b) The senate general investigating committee must consist | ||
of five senators appointed by the president of the senate. The | ||
president of the senate shall designate one [ |
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chairman and one committee member as vice chairman. | ||
(c) The house general investigating committee must consist | ||
of not fewer than five house members appointed by the speaker. The | ||
speaker shall designate one [ |
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one committee member as vice chairman. | ||
(d) Each member serves a term beginning on the date of the | ||
member's appointment and ending with the convening of the next | ||
regular session following the date of appointment. | ||
(e) If a vacancy occurs on a general investigating | ||
committee, the appropriate appointing authority shall appoint a | ||
person to fill the vacancy in the same manner as the original | ||
appointment. | ||
(f) [ |
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entitled to reimbursement for actual and necessary expenses | ||
incurred in attending committee meetings and engaging in committee | ||
work. | ||
(g) [ |
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committee, including compensation of the committee's employees and | ||
expenses incurred by members, shall be paid out of any | ||
appropriation to the legislature under Section 301.029 [ |
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SECTION 7. Section 301.018(e), Government Code, is amended | ||
to read as follows: | ||
(e) If the general investigating committees decide not to | ||
conduct joint hearings as provided by Section 301.019, the | ||
committees shall establish a liaison to fully inform each other | ||
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of committee inquiries [ |
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SECTION 8. Section 301.019(c), Government Code, is amended | ||
to read as follows: | ||
(c) A majority of the [ |
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committee constitutes [ |
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SECTION 9. Section 301.020(e), Government Code, is amended | ||
to read as follows: | ||
(e) Information held by a general investigating committee | ||
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except as provided by the rules of the house establishing the | ||
committee. | ||
SECTION 10. Section 301.032, Government Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (d) to read | ||
as follows: | ||
(b) Subject to Subsection (c), a [ |
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rule or resolution may accept gifts, grants, and donations for | ||
purposes of funding the committee's activities unless the rule or | ||
resolution prohibits the acceptance. | ||
(c) The acceptance of a gift, grant, or donation under | ||
Subsection (b) is not effective until the committee on | ||
administration for the appropriate house, or the committees on | ||
administration for both houses in the case of acceptance by a joint | ||
committee, approves the acceptance. | ||
(d) All gifts, grants, and donations must be accepted in an | ||
open meeting by a majority of the voting members of the appropriate | ||
body and reported in the public record of the accepting body with | ||
the name of the donor and purpose of the gift, grant, or donation. | ||
SECTION 11. Section 301.041, Government Code, is | ||
transferred to Subchapter B, Chapter 301, Government Code, | ||
redesignated as Section 301.033, Government Code, and amended to | ||
read as follows: | ||
Sec. 301.033 [ |
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INTERIM COMMITTEE. (a) A duly appointed senator's or | ||
representative's membership on the Legislative Budget Board, | ||
Legislative Library Board, Legislative Audit Committee, Texas | ||
Legislative Council, or any other interim committee terminates if | ||
the member: | ||
(1) resigns the membership; | ||
(2) ceases membership in the legislature for any | ||
reason; or | ||
(3) fails to be nominated or elected to the | ||
legislature for the next term. | ||
(b) A vacancy created under this section shall be | ||
immediately filled by appointment for the unexpired term in the | ||
same manner as the original appointment. | ||
(c) If a member serves on the Legislative Budget Board, | ||
Legislative Library Board, or Legislative Audit Committee because | ||
of the member's position as chairman of a standing committee, this | ||
section does not affect the member's position as chairman of that | ||
standing committee. | ||
(d) In filling a vacancy created under this section, the | ||
lieutenant governor or the speaker may appoint a senator or | ||
representative, as appropriate, other than a committee chairman | ||
designated by law to serve as a member of the Legislative Budget | ||
Board, Legislative Library Board, Legislative Audit Committee, | ||
Texas Legislative Council, or any other interim committee. An | ||
appointment made under this subsection does not constitute an | ||
appointment to any position other than that of a member of a board, | ||
council, or committee covered by this section. | ||
SECTION 12. The heading to Subchapter C, Chapter 301, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. LEGISLATIVE OFFICERS AND EMPLOYEES [ |
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SECTION 13. Subchapter C, Chapter 301, Government Code, is | ||
amended by adding Sections 301.041, 301.042, and 301.043 to read as | ||
follows: | ||
Sec. 301.041. COMMUNICATIONS WITH PARLIAMENTARIANS. (a) | ||
Communications, including conversations, correspondence, and | ||
electronic communications, between a member, officer, or employee | ||
of the legislative branch and a parliamentarian appointed by the | ||
presiding officer of either house that relate to a request by the | ||
member, officer, or employee for information, advice, or opinions | ||
from a parliamentarian are confidential and subject to legislative | ||
privilege. Information, advice, and opinions given privately by a | ||
parliamentarian to a member, officer, or employee of the | ||
legislative branch, acting in the member's, officer's, or | ||
employee's official capacity, are confidential and subject to | ||
legislative privilege. However, the member, officer, or employee of | ||
the legislative branch may choose to disclose all or a part of the | ||
communications, information, advice, or opinions to which this | ||
section applies, and such disclosure does not violate the law of | ||
this state. | ||
(b) Records relating to requests made of a parliamentarian | ||
appointed under Subsection (a) for assistance, information, | ||
advice, or opinion are not public information and are not subject to | ||
Chapter 552. | ||
(c) In this section: | ||
(1) "Member, officer, or employee of the legislative | ||
branch" includes: | ||
(A) a member, member-elect, or officer of either | ||
house of the legislature or of a legislative committee; | ||
(B) an employee of the legislature, including an | ||
employee of a legislative agency, office, or committee; and | ||
(C) the lieutenant governor. | ||
(2) "Parliamentarian" includes an employee of a | ||
parliamentarian. | ||
Sec. 301.042. COMMUNICATIONS WITH ENGROSSING AND ENROLLING | ||
DEPARTMENT. (a) In this section, "department" means an engrossing | ||
and enrolling department maintained by either house of the | ||
legislature. | ||
(b) Communications, including conversations, | ||
correspondence, and electronic communications, between a member of | ||
the legislature or the lieutenant governor, an officer of the house | ||
or senate, a legislative agency, office, or committee, or a member | ||
of the staff of any of those officers or entities and an assistant | ||
or employee of a department that relate to a request by the officer | ||
or entity for information, advice, or opinions from an assistant or | ||
employee of the department are confidential and subject to | ||
legislative privilege. | ||
(c) A communication described by Subsection (b) is subject | ||
to attorney-client privilege if: | ||
(1) the assistant or employee of the department who is | ||
a party to the communication is a department attorney or is working | ||
at the direction of a department attorney; | ||
(2) the communication is given privately; and | ||
(3) the communication is made in connection with the | ||
department attorney's provision of legal advice or other legal | ||
services. | ||
(d) Information, advice, and opinions given privately by an | ||
assistant or employee of a department to a member of the legislature | ||
or the lieutenant governor, an officer of the house or senate, a | ||
legislative agency, office, or committee, or a member of the staff | ||
of any of those officers or entities, when acting in the person's | ||
official capacity, are confidential and subject to legislative | ||
privilege. | ||
(e) The member of the legislature, lieutenant governor, | ||
house or senate officer, or legislative agency, office, or | ||
committee may choose to disclose all or a part of the | ||
communications, information, advice, or opinions to which this | ||
section applies and to which the individual or entity was a party. | ||
(f) This section does not affect the authority of a court to | ||
analyze and apply attorney-client privilege under the applicable | ||
rules of evidence governing a judicial proceeding. | ||
Sec. 301.043. ENGROSSING AND ENROLLING DEPARTMENT RECORDS | ||
OF DRAFTING AND OTHER REQUESTS. (a) In this section, "department" | ||
has the meaning assigned by Section 301.042(a). | ||
(b) Records relating to requests of department staff for the | ||
drafting of proposed legislation or for assistance, information, | ||
advice, or opinion are: | ||
(1) subject to legislative privilege; and | ||
(2) not public information and not subject to Chapter | ||
552. | ||
SECTION 14. Section 301.007, Government Code, is | ||
transferred to Subchapter D, Chapter 301, Government Code, and | ||
redesignated as Section 301.052, Government Code, to read as | ||
follows: | ||
Sec. 301.052 [ |
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lieutenant governor and speaker shall each appoint an employee to | ||
distribute the journal of the respective houses. | ||
(b) The employee shall distribute a copy of the journal to: | ||
(1) the governor; | ||
(2) each member of the legislature; and | ||
(3) heads of departments, if requested. | ||
SECTION 15. Chapter 301, Government Code, is amended by | ||
adding Subchapter F, and a subchapter heading is added to read as | ||
follows: | ||
SUBCHAPTER F. MISCELLANEOUS PROVISIONS | ||
SECTION 16. Section 301.034, Government Code, is | ||
transferred to Subchapter F, Chapter 301, Government Code, as added | ||
by this Act, and redesignated as Section 301.071, Government Code, | ||
to read as follows: | ||
Sec. 301.071 [ |
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ITEMS. Either house of the legislature may acquire and provide for | ||
the sale of Texas flags and other items carrying symbols of the | ||
State of Texas. | ||
SECTION 17. Subchapter F, Chapter 301, Government Code, as | ||
added by this Act, is amended by adding Section 301.072 to read as | ||
follows: | ||
Sec. 301.072. STATE BUILDINGS OCCUPIED BY LEGISLATIVE | ||
OFFICES AND AGENCIES. (a) This section applies to a state building | ||
that is: | ||
(1) occupied by a legislative office or agency; | ||
(2) located in the Capitol complex, as defined by | ||
Section 443.0071; and | ||
(3) not described by Section 2165.007(b)(6). | ||
(b) The presiding officers of each house of the legislature, | ||
in consultation with the legislative offices or agencies occupying | ||
a state building, shall jointly decide the following with respect | ||
to a state building to which this section applies, the building's | ||
facilities, and the grounds used by occupants of the building: | ||
(1) the use of space by and allocation of space to a | ||
legislative office or agency; | ||
(2) security and building access for a legislative | ||
office or agency; | ||
(3) the manner in which a legislative office or agency | ||
contracts for a construction or remodeling project involving space | ||
allocated to the office or agency; and | ||
(4) the timing and logistics of a maintenance or | ||
construction activity involving the building, facilities, or | ||
grounds that affects a legislative office or agency. | ||
SECTION 18. Section 303.003(c), Government Code, is amended | ||
to read as follows: | ||
(c) Contributions from a contributor to the speaker's | ||
reunion day ceremony may not exceed an aggregate of $1,000 [ |
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cash or an aggregate value of more than $1,000 [ |
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SECTION 19. Chapter 306, Government Code, is amended by | ||
adding Sections 306.008 and 306.009 to read as follows: | ||
Sec. 306.008. LEGISLATIVE PRIVILEGE. (a) To protect the | ||
public's interest in the proper performance of the deliberative and | ||
policymaking responsibilities of the legislature and to preserve | ||
the legislative branch's independence under the fundamental | ||
principle of separation of powers, as guaranteed by Article II and | ||
Section 21, Article III, Texas Constitution, a communication is | ||
confidential and subject to legislative privilege if the | ||
communication: | ||
(1) is given privately; | ||
(2) concerns a legislative activity or function; and | ||
(3) is among or between any of the following: | ||
(A) a member of the house or senate; | ||
(B) the lieutenant governor; | ||
(C) an officer of the house or senate; | ||
(D) a member of the governing body of a | ||
legislative agency; or | ||
(E) a legislative employee. | ||
(b) A communication described by Subsection (a) is subject | ||
to attorney-client privilege if: | ||
(1) one of the parties to the communication is a | ||
legislative attorney or a legislative employee working at the | ||
direction of a legislative attorney; and | ||
(2) the communication is made in connection with the | ||
legislative attorney's provision of legal advice or other legal | ||
services. | ||
(c) A member of the house or senate, the lieutenant | ||
governor, or an officer of the house or senate may choose to | ||
disclose all or part of a communication to which Subsection (a) or | ||
(b) applies and to which the individual or a legislative employee | ||
acting on behalf of the individual was a party. | ||
(d) This section does not affect the authority of a court to | ||
analyze and apply legislative or attorney-client privileges under | ||
the applicable rules of evidence governing a judicial proceeding. | ||
(e) In this section: | ||
(1) "Legislative agency" means a board, commission, | ||
committee, council, department, office, or any other agency in the | ||
legislative branch of state government. The term does not include | ||
the Texas Ethics Commission. | ||
(2) "Legislative attorney" means an attorney employed | ||
or engaged by the house, the senate, a member of the house or | ||
senate, the lieutenant governor, an officer of the house or senate, | ||
a house or senate committee, a joint committee, or a legislative | ||
agency. | ||
(3) "Legislative employee" means: | ||
(A) an employee of, assistant to, or credentialed | ||
intern for any part of the legislative branch of state government, | ||
including the house, the senate, a member of the house or senate, | ||
the lieutenant governor, an officer of the house or senate, a house | ||
or senate committee, a joint committee, or a legislative agency; or | ||
(B) a person performing services under a contract | ||
entered into with the house, the senate, a house or senate | ||
committee, or a legislative agency. | ||
Sec. 306.009. CUSTODIAN OF CERTAIN LEGISLATIVE RECORDS. | ||
(a) A member of the legislature, the lieutenant governor, an | ||
officer of the house or senate, or a legislative agency, office, or | ||
committee that stores records with or transfers records to the | ||
Legislative Reference Library or the Texas State Library and | ||
Archives Commission: | ||
(1) possesses, maintains, or controls the records for | ||
purposes of litigation; and | ||
(2) is the custodian of the records for purposes of | ||
Chapter 552. | ||
(b) Subsection (a) does not apply to a member of the | ||
legislature or the lieutenant governor after the individual's | ||
service as a member or lieutenant governor ends. | ||
SECTION 20. Sections 314.003(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) If a fiscal note is required on a bill or resolution, it | ||
must be attached to the bill or resolution as provided by the rules | ||
of the appropriate house of the legislature [ |
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(b) The fiscal note must be printed as part of [ |
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rules of the appropriate house of the legislature. | ||
SECTION 21. Section 323.006(a), Government Code, is amended | ||
to read as follows: | ||
(a) The council shall: | ||
(1) study and investigate the functions and problems | ||
of state departments, agencies, and officers; | ||
(2) conduct investigations and studies and make | ||
reports that may be considered useful to the legislative branch of | ||
state government; | ||
(3) gather and disseminate information for the | ||
legislature's use; | ||
(4) meet and perform council functions during the | ||
legislative interim; | ||
(5) make periodic reports to all members of the | ||
legislature and keep the legislature fully informed of all issues | ||
that may come before the council, any action taken on an issue, and | ||
the progress made on an issue; | ||
(6) report council recommendations to the legislature | ||
and, if appropriate, provide drafts of legislation with the report; | ||
(7) assist the legislature in drafting proposed | ||
legislation; [ |
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(8) provide legal advice and other legal services to | ||
the legislature; and | ||
(9) provide data-processing services to aid members | ||
and legislative committees in accomplishing their legislative | ||
duties. | ||
SECTION 22. Sections 323.017 and 323.018, Government Code, | ||
are amended to read as follows: | ||
Sec. 323.017. CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS. | ||
(a) Communications, including conversations, correspondence, and | ||
electronic communications, between a member of the legislature or | ||
the lieutenant governor, an officer of the house or senate, a | ||
legislative agency, office, or committee, or a member of the staff | ||
of any of those officers or entities and an assistant or employee of | ||
the council that relate to a request by the officer or entity | ||
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or employee of the council are confidential and subject to | ||
legislative privilege. | ||
(b) A communication described by Subsection (a) is subject | ||
to attorney-client privilege if: | ||
(1) the assistant or employee of the council who is a | ||
party to the communication is a council attorney or is working at | ||
the direction of a council attorney; | ||
(2) the communication is given privately; and | ||
(3) the communication is made in connection with the | ||
council attorney's provision of legal advice or other legal | ||
services. | ||
(c) Information, advice, and opinions given privately by an | ||
assistant or employee of the council to a member of the | ||
legislature[ |
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or senate, a legislative agency, office, or committee, or a member | ||
of the staff of any of those officers or entities, when acting in | ||
the person's official capacity, are confidential and subject to | ||
legislative privilege. | ||
(d) The [ |
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lieutenant governor, house or senate officer, or legislative | ||
agency, office, or committee may choose to disclose all or a part of | ||
the communications, information, advice, or opinions to which this | ||
section applies[ |
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(e) This section does not affect the authority of a court to | ||
analyze and apply attorney-client privilege under the applicable | ||
rules of evidence governing a judicial proceeding. | ||
Sec. 323.018. RECORDS OF DRAFTING AND OTHER REQUESTS. | ||
Records relating to requests of council staff for the drafting of | ||
proposed legislation or for assistance, information, advice, or | ||
opinion are: | ||
(1) subject to legislative privilege; and | ||
(2) not public information and not subject to Chapter | ||
552. | ||
SECTION 23. Chapter 323, Government Code, is amended by | ||
adding Section 323.021 to read as follows: | ||
Sec. 323.021. LEGISLATIVE OFFICE RECORDS. A member of the | ||
legislature, the lieutenant governor, an officer of the house or | ||
senate, or a legislative agency, office, or committee that uses a | ||
system made available by the council to transmit, store, or | ||
maintain records: | ||
(1) possesses, maintains, or controls the records for | ||
purposes of litigation; and | ||
(2) is the custodian of the records for purposes of | ||
Chapter 552. | ||
SECTION 24. Section 324.001, Government Code, is amended by | ||
adding Subdivisions (4), (5), and (6) to read as follows: | ||
(4) "Legislative entity" means a member of the | ||
legislature, the lieutenant governor, an officer of the house or | ||
senate, or a legislative committee, department, or office, but does | ||
not include a legislative agency created by Subtitle C, Title 3. | ||
(5) "Legislative record" means a record, including a | ||
state record or archival state record, created by a legislative | ||
entity. The term includes records described by Section 324.008(b). | ||
(6) "State record" and "archival state record" have | ||
the meanings assigned by Section 441.180. | ||
SECTION 25. Sections 324.007(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The library shall contain, as may best be made available | ||
for legislative use, the following items: | ||
(1) checklists and catalogues of current legislation | ||
in this and other states; | ||
(2) catalogues of bills and resolutions presented in | ||
either house of the legislature; | ||
(3) checklists of public documents in each state; | ||
(4) checklists of all reports issued by each | ||
department, agency, board, or commission of this state; [ |
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(5) digests of public laws of this and other states; | ||
(6) legislative records; and | ||
(7) other items designated by the board or the | ||
director. | ||
(c) The director and library employees shall provide any | ||
assistance requested by a member of the legislature in researching, | ||
analyzing, evaluating, and preparing bills and resolutions. | ||
SECTION 26. The heading to Section 324.008, Government | ||
Code, is amended to read as follows: | ||
Sec. 324.008. DEPOSIT AND MANAGEMENT [ |
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DOCUMENTS. | ||
SECTION 27. Sections 324.008(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The library is a depository library as defined by | ||
Section 441.101 [ |
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and shall receive state documents and publications from other | ||
states distributed by the Texas State Library. | ||
(c) At the close of each legislative session, each daily | ||
legislative journal, bill, or resolution possessed by the senate or | ||
house sergeant at arms shall be delivered to the library to be | ||
managed as a legislative record under Section 324.0085 [ |
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SECTION 28. Chapter 324, Government Code, is amended by | ||
adding Sections 324.0085 and 324.0086 to read as follows: | ||
Sec. 324.0085. LEGISLATIVE RECORDS. (a) In this section: | ||
(1) "Commission," "records management officer," and | ||
"state records administrator" have the meanings assigned by Section | ||
441.180. | ||
(2) "Director and librarian of the commission" means | ||
the chief executive and administrative officer of the Texas State | ||
Library and Archives Commission. | ||
(b) The library is the depository for legislative records. | ||
(c) Except as otherwise provided by this chapter, a | ||
legislative record must be managed by the director in the same | ||
manner that a state record is managed under Subchapter L, Chapter | ||
441. For a legislative record, with regard to the requirements of | ||
Subchapter L, Chapter 441: | ||
(1) the board shall perform the functions and duties | ||
of the commission; and | ||
(2) the director shall perform the functions and | ||
duties of: | ||
(A) the director and librarian of the commission; | ||
(B) the state records administrator; and | ||
(C) the records management officer. | ||
(d) Legislative records shall be transferred to the library | ||
or a depository outside the library under Section 324.0086, in | ||
accordance with any applicable records retention schedule approved | ||
by the director under this section. | ||
(e) A legislative entity may retrieve, for temporary use, | ||
records transferred by the legislative entity to the library or a | ||
depository outside the library. The director and library employees | ||
shall assist the legislative entity with retrieval of the records, | ||
and the legislative entity shall return the records to the library | ||
following the legislative entity's use. | ||
(f) Under the direction of the legislative entity that | ||
created the records transferred to the library, or of the public | ||
information officer of the appropriate house of the legislature in | ||
the case of a former legislative entity, the director shall protect | ||
privileged or confidential legislative records held by the library | ||
or a depository outside the library from public disclosure. | ||
(g) Under the direction of the public information officer of | ||
the legislative entity that transferred a legislative record to the | ||
library or an authorized depository outside the library, or of the | ||
public information officer of the appropriate house of the | ||
legislature in the case of a former legislative entity, the | ||
director shall respond to requests received under Chapter 552 for | ||
the legislative record. The director shall notify the public | ||
information officer responsible for the legislative record as soon | ||
as practicable after receiving a request described by this | ||
subsection. | ||
(h) The director may: | ||
(1) transfer legislative records to the Texas State | ||
Library and Archives Commission for management under Subchapter L, | ||
Chapter 441; and | ||
(2) request the Texas State Library and Archives | ||
Commission to return to the library, without charge to the library, | ||
legislative records held by the commission. | ||
(i) To the extent of any conflict, this section prevails | ||
over Chapter 441 or any other state law relating to the management | ||
of legislative records. | ||
Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A | ||
member of the legislature may apply to the board to place records | ||
that were created or received by the member's office during the | ||
member's term in a depository other than the library. | ||
(b) The board shall: | ||
(1) create a list of preapproved depositories in which | ||
members of the legislature may place records of their legislative | ||
offices; and | ||
(2) by rule adopt policies and procedures to approve | ||
additional depositories. | ||
(c) The director is responsible for the preservation of | ||
records described by Subsection (a) placed in a depository other | ||
than the library. Ownership and legal custody of the records remain | ||
with the legislature as provided by Section 324.0085. The records | ||
may not be intermingled with other holdings of the institution that | ||
serves as a depository. | ||
SECTION 29. Subchapter L, Chapter 441, Government Code, is | ||
amended by adding Section 441.1821 to read as follows: | ||
Sec. 441.1821. LEGISLATIVE RECORDS MANAGEMENT. (a) As | ||
used in this section, "legislative record" has the meaning assigned | ||
by Section 324.001. | ||
(b) Upon receipt of a request from the Legislative Reference | ||
Library for the return of a legislative record in the custody of the | ||
commission, the commission shall immediately return the | ||
legislative record to the library, at no cost to the library. | ||
(c) Notwithstanding any other law, the Legislative | ||
Reference Library shall manage legislative records under Chapter | ||
324. To the extent of any conflict, Chapter 324 prevails over this | ||
chapter or any other state law relating to the management of state | ||
records that are legislative records. | ||
SECTION 30. Section 602.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 602.002. OATH MADE IN TEXAS. An oath made in this | ||
state may be administered and a certificate of the fact given by: | ||
(1) a judge, retired judge, or clerk of a municipal | ||
court; | ||
(2) a judge, retired judge, senior judge, clerk, or | ||
commissioner of a court of record; | ||
(3) a justice of the peace or a clerk of a justice | ||
court; | ||
(4) an associate judge, magistrate, master, referee, | ||
or criminal law hearing officer; | ||
(5) a notary public; | ||
(6) a member of a board or commission created by a law | ||
of this state, in a matter pertaining to a duty of the board or | ||
commission; | ||
(7) a person employed by the Texas Ethics Commission | ||
who has a duty related to a report required by Title 15, Election | ||
Code, in a matter pertaining to that duty; | ||
(8) a county tax assessor-collector or an employee of | ||
the county tax assessor-collector if the oath relates to a document | ||
that is required or authorized to be filed in the office of the | ||
county tax assessor-collector; | ||
(9) the secretary of state or a former secretary of | ||
state; | ||
(10) an employee of a personal bond office, or an | ||
employee of a county, who is employed to obtain information | ||
required to be obtained under oath if the oath is required or | ||
authorized by Article 17.04 or by Article 26.04(n) or (o), Code of | ||
Criminal Procedure; | ||
(11) the lieutenant governor or a former lieutenant | ||
governor; | ||
(12) the speaker of the house of representatives or a | ||
former speaker of the house of representatives; | ||
(13) the governor or a former governor; | ||
(14) a legislator or retired legislator; | ||
(14-a) the secretary of the senate or the chief clerk | ||
of the house of representatives; | ||
(15) the attorney general or a former attorney | ||
general; | ||
(16) the secretary or clerk of a municipality in a | ||
matter pertaining to the official business of the municipality; | ||
(17) a peace officer described by Article 2.12, Code | ||
of Criminal Procedure, if: | ||
(A) the oath is administered when the officer is | ||
engaged in the performance of the officer's duties; and | ||
(B) the administration of the oath relates to the | ||
officer's duties; or | ||
(18) a county treasurer. | ||
SECTION 31. Records described by Section 301.041(b) or | ||
301.043, Government Code, as added by this Act, or Section 323.018, | ||
Government Code, as amended by this Act, are not subject to request, | ||
inspection, or duplication under Chapter 552, Government Code. A | ||
governmental body may withhold the records without the necessity of | ||
requesting a decision from the attorney general under Subchapter G, | ||
Chapter 552, Government Code. | ||
SECTION 32. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4181 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 136, Nays 0, 6 present, not | ||
voting; | ||
that the House concurred in Senate amendments to H.B. No. | ||
4181 on May 23, 2019, by the following vote: Yeas 142, Nays 1, 2 | ||
present, not voting; and that the House adopted H.C.R. No. 189 | ||
authorizing certain corrections in H.B. No. 4181 on May 26, 2019, by | ||
the following vote: Yeas 143, Nays 0, 6 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4181 was passed by the Senate, with | ||
amendments, on May 21, 2019, by the following vote: Yeas 27, Nays | ||
4; and that the Senate adopted H.C.R. No. 189 authorizing certain | ||
corrections in H.B. No. 4181 on May 26, 2019, by the following vote: | ||
Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |