CHAPTER 301. LEGISLATIVE ORGANIZATION
GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE A. LEGISLATURE
CHAPTER 301. LEGISLATIVE ORGANIZATION
SUBCHAPTER A. INITIAL MEETING AND ORGANIZATION
Sec. 301.001. TIME OF MEETING. The legislature shall convene in
regular session at 12 noon on the second Tuesday in January of
each odd-numbered year.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.002. WHO MAY ORGANIZE. The following persons only may
organize the senate and house of representatives:
(1) senators who have not completed their terms of office; and
(2) individuals who have received certification of election to
the house of representatives or senate.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.003. SECRETARY OF STATE AS PRESIDING OFFICER. (a) The
secretary of state shall attend the convening of each regular
legislative session and shall preside.
(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.
(c) The secretary of state shall appoint a clerk to take the
minutes of the proceedings. If the chief clerk of the house of
representatives for the previous session is present, the
secretary of state shall appoint that person to act as clerk.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.004. DUTIES OF CLERK. (a) Under the direction of the
secretary of state, the clerk shall call the counties in
alphabetical order regardless of whether the secretary of state
has received the election returns for each county.
(b) If an individual appears at the call and presents proper
evidence of his election, the individual shall be admitted or
qualified as if the individual's election returns had been made
to the secretary of state.
(c) After the clerk has called the counties and the
members-elect have appeared and presented their credentials, the
clerk shall administer the official oath to each member-elect.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.005. LACK OF QUORUM. If a quorum is not present on the
day the legislature is to convene, the secretary of state and the
clerk shall attend each day until a quorum appears and is
qualified.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.006. SELECTION OF OFFICERS. (a) Immediately after
election of the speaker of the house of representatives under
Section 302.001, the speaker shall take the chair.
(b) After the speaker takes the chair, the house of
representatives shall choose necessary officers and the speaker
shall administer the official oath to them.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.007. DISTRIBUTION OF JOURNALS. (a) The 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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
SUBCHAPTER B. LEGISLATIVE REORGANIZATION ACT
Sec. 301.011. SHORT TITLE. This subchapter may be cited as the
Legislative Reorganization Act of 1961.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.012. PURPOSE. The legislature believes that it must
conduct its activities on a full-time and continuing basis in
order to achieve efficiency and continuity in performing its
duties. It is the purpose of this subchapter to authorize
legislative committees and other legislative instrumentalities to
work and meet their responsibilities regardless of whether the
legislature is in session.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.013. SELECTION OF COMMITTEES. (a) In its rules of
procedure or in a simple resolution, each house may determine the
number, composition, function, membership, and authority of its
committees.
(b) By concurrent resolution, the two houses may determine the
number, composition, function, membership, and authority of joint
committees.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
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;
(4) formulate legislative programs; and
(5) initiate, draft, and recommend to the appropriate house any
legislation the committee believes is necessary and desirable.
(b) The chair of each standing committee shall introduce or
cause to be introduced the legislative programs developed by the
committee and shall mobilize committee efforts to secure the
enactment into law of committee proposals.
(c) Each committee may inspect the records, documents, and files
of each state department, agency, or office as necessary to
perform the committee's duties.
(d) A standing committee is not limited in its 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,
initiate, and secure passage of any legislative solution the
committee believes is desirable.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.015. MEETINGS OF STANDING COMMITTEES. (a) When the
legislature is in session, each standing committee shall, if
practicable, meet regularly according to applicable legislative
requirements and rules of procedure. A committee shall meet at
other times determined by the committee.
(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 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
resolution, each committee may determine its meeting times.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.016. SPECIAL COMMITTEES. (a) By 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 resolution creating the
committee.
(c) Except as limited by the 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
resolution creating the committee, subject to the limitations of
law.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.017. GENERAL INVESTIGATING COMMITTEES. (a) By
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 a committee member as
chairman.
(c) The house general investigating committee must consist of
not fewer than five house members appointed by the speaker. The
speaker shall designate a committee member as 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) Each general investigating committee shall select a
vice-chairman and secretary from among its members.
(g) Members of a general investigating committee are entitled to
reimbursement for actual and necessary expenses incurred in
attending committee meetings and engaging in committee work.
(h) All expenses of a general investigating committee, including
compensation of the committee's employees and expenses incurred
by members, shall be paid out of any appropriation to the
legislature for mileage, per diem, and contingent expenses.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 1, eff. Sept. 1,
2001.
Sec. 301.018. GENERAL INVESTIGATING COMMITTEE MEETINGS. (a)
Each general investigating committee may begin work as soon as it
desires after its members are appointed. Each general
investigating committee created under this subchapter shall meet,
organize, and adopt rules of evidence and procedure and any other
necessary rules. The committee rules may not conflict with
Section 301.025.
(b) Whether or not the legislature is in session, each general
investigating committee may meet at any time or place in the
state determined necessary by the committee.
(c) Each general investigating committee shall keep a record of
its proceedings.
(d) A majority of the members of a general investigating
committee constitutes a quorum to transact business.
(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 the chairman
of the inactive committee of the nature and progress of any
inquiry by the other committee.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 2, eff. Sept. 1,
2001.
Sec. 301.019. JOINT GENERAL INVESTIGATING COMMITTEE HEARINGS.
(a) On a majority vote of each general investigating committee,
the committees may conduct joint hearings and investigations. The
committees may adopt joint rules to govern the hearings.
(b) If the general investigating committees conduct joint
inquiries or investigations, the chairman of the senate committee
shall be the chairman and the chairman of the house committee
shall be the vice-chairman.
(c) Seven members of a joint general investigating committee
constitute a quorum.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.020. POWERS AND DUTIES OF GENERAL INVESTIGATING
COMMITTEES. (a) Each general investigating committee may
initiate or continue inquiries and hearings concerning:
(1) state government;
(2) any agency or subdivision of government within the state;
(3) the expenditure of public funds at any level of government
within the state; and
(4) any other matter the committee considers necessary for the
information of the legislature or for the welfare and protection
of state citizens.
(b) Each general investigating committee may inspect the
records, documents, and files and may examine the duties,
responsibilities, and activities of each state department,
agency, and officer and of each municipality, county, or other
political subdivision of the state.
(c) If a person disobeys a subpoena or other process that a
general investigating committee lawfully issues, the committee
may cite the person for contempt and cause the person to be
prosecuted for contempt according to the procedure prescribed by
this chapter or by other law.
(d) Each general investigating committee shall make reports to
members of the legislature that the committee determines are
necessary and appropriate.
(e) Information held by a general investigating committee that
if held by a law enforcement agency or prosecutor would be
excepted from the requirements of Section 552.021 under Section
552.108 is confidential and not subject to public disclosure.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 3, eff. Sept. 1,
2001.
Sec. 301.021. GENERAL INVESTIGATING COMMITTEE EMPLOYEES. (a)
If for any reason it is necessary to obtain assistance in
addition to the services provided by the State Auditor, attorney
general, Texas Legislative Council, or Department of Public
Safety, each general investigating committee may employ and
compensate assistants to assist in any investigation, audit, or
legal matter.
(b) Each general investigating committee may employ and
compensate clerks, stenographers, and other employees to conduct
committee investigations and hearings and keep proper records.
(c) Before a general investigating committee may employ or
compensate an employee, the committee must submit the proposed
employment to the president of the senate or speaker of the
house, as appropriate, for authorization. If the president of the
senate or speaker agrees to the proposed employment, he must
authorize the employment in writing.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.022. TESTIMONY UNDER OATH. (a) All legislative
committees shall require witnesses to give testimony under oath,
subject to the penalties of perjury.
(b) The oath required by this section may be waived by any
committee except a general investigating committee.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.023. ADMINISTERING OATHS. (a) The following
individuals may administer oaths to testifying witnesses:
(1) the president of the senate;
(2) the speaker of the house;
(3) the chairman or acting chairman of a standing or special
committee; and
(4) the chairman or acting chairman of a joint committee.
(b) If circumstances require, a member of either house may
administer an oath to a witness testifying on a matter pending in
the member's house or in a committee of that house.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.024. PROCESS. (a) A general investigating committee
may issue process to compel the attendance of witnesses and the
production of books, records, documents, and instruments required
by the committee. Any other committee may issue process if
authorized by the resolution creating the committee or the rules
of procedure of the creating house. A committee may issue process
to a witness at any place in this state.
(b) A committee chairman shall issue in the name of the
committee all subpoenas and other process as directed by the
committee.
(c) If necessary to obtain compliance with a subpoena or other
process, a committee may issue writs of attachment.
(d) All process may be addressed to and served by any peace
officer of this state or by the sergeant at arms appointed by the
committee.
(e) A witness who attends a committee proceeding or a proceeding
of either house under process is entitled to the same mileage and
per diem as a witness who appears before a grand jury in this
state. Mileage and per diem are paid from that house's contingent
expense fund or from the contingent expense fund of the committee
conducting the proceeding.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.025. REFUSAL TO TESTIFY. (a) A witness called by
either house or by a legislative committee does not have a
privilege to refuse to testify to a fact or produce a document on
the ground that the testimony or document may tend to disgrace
the person or otherwise make the person infamous.
(b) The legislature may require a person to testify or produce a
document concerning a matter under inquiry before either house or
a legislative committee even if the person claims that the
testimony or document may incriminate him.
(c) If a person testifies or produces a document while claiming
that the testimony or document may incriminate him, the person
may not be indicted or prosecuted for any transaction, matter, or
thing about which the person truthfully testified or produced
evidence.
(d) A witness has a right to counsel when testifying before the
legislature or a legislative committee.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.026. CONTEMPT OF LEGISLATURE. (a) A person commits an
offense if the person:
(1) has been summoned as a witness to testify or produce papers
by either house or any legislative committee; and
(2) refuses to appear, refuses to answer relevant questions, or
refuses to produce required books, papers, records, or documents.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $100 nor more than $1,000 and by
imprisonment for not less than 30 days nor more than 12 months.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.027. PROSECUTION FOR CONTEMPT OF LEGISLATURE. (a) If
a person is summoned by either house or any legislative committee
as prescribed by Section 301.024 and fails to appear, refuses to
answer relevant questions, or fails to produce required books,
papers, records, or documents while the legislature is in
session, the fact of the failure may be reported to either house.
If the legislature is not in session, a statement of facts
concerning the failure may be reported to and filed with the
president of the senate or speaker of the house.
(b) If the president of the senate or speaker receives a report
or statement of facts as provided by Subsection (a), the
president of the senate or speaker shall certify the statement of
facts to the Travis County district attorney under the seal of
the senate or house of representatives, as appropriate.
(c) The Travis County district attorney shall bring the matter
before the grand jury for action. If the grand jury returns an
indictment, the district attorney shall prosecute the indictment.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.028. COOPERATION OF OTHER AGENCIES. (a) Each standing
committee, including a general investigating committee, may
request necessary assistance from all state agencies,
departments, and offices, including:
(1) the State Auditor;
(2) the Texas Legislative Council;
(3) the Department of Public Safety; and
(4) the attorney general.
(b) Each state agency, department, and office shall assist any
legislative committee that requests assistance.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.029. APPROPRIATIONS FOR SALARIES, PER DIEM, AND
EXPENDITURES. (a) Each house may pay contingent expenses for
the entire term of each member of that house.
(b) Each house may appropriate money to pay all salaries, per
diem, and other expenditures authorized by law.
(c) The appropriations to the legislature shall specify separate
appropriations for the house of representatives and for the
senate.
(d) The comptroller of public accounts shall keep each house's
accounts separate and distinct. Unless authorized by law, money
in one account may not be transferred to the other account.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.031. COMMITTEE STAFF. From its contingent expense
fund, each house may provide for necessary clerks, clerical
assistance, and staff to each committee created by that house.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Sec. 301.032. GIFTS AND GRANTS. (a) Either house of the
legislature may accept gifts, grants, and donations from any
organization described in Section 501(c)(3) of the Internal
Revenue Code for the purpose of funding any legislative activity.
(b) A committee created by resolution may accept gifts, grants,
and donations for purposes of funding the committee's activities
unless the resolution prohibits the acceptance.
(c) 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.
Added by Acts 1987, 70th Leg., ch. 617, Sec. 1, eff. Sept. 1,
1987.
Sec. 301.033. ALLOCATION OF SPACE IN LEGISLATIVE SERVICES
BUILDING. (a) The space in the legislative services office
building and parking facilities authorized by Chapter 168, Acts
of the 74th Legislature, Regular Session, 1995, is allocated to
the legislature and legislative agencies for their use. The
presiding officers of each house of the legislature shall jointly
decide the allocation of the space in the building and
facilities.
(b) The building shall be known as the Robert E. Johnson
Building.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 2, eff. Sept. 1,
1999.
Sec. 301.034. SALE OF TEXAS FLAGS AND SIMILAR 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.
Added by Acts 1999, 76th Leg., ch. 377, Sec. 1, eff. May 29,
1999. Renumbered from Sec. 301.033 by Acts 2001, 77th Leg., ch.
1420, Sec. 21.001(35), eff. Sept. 1, 2001.
SUBCHAPTER C. MEMBERSHIP ON INTERIM COMMITTEES
Sec. 301.041. TERMINATION OF MEMBERSHIP. (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.
Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.01(a), eff.
Sept. 1, 1987.
SUBCHAPTER D. LEGISLATIVE PUBLICATIONS
Sec. 301.051. ISSUANCE OF PUBLICATIONS. Either house of the
legislature or a legislative agency may produce and sell or
distribute publications that the house or agency determines to be
of interest to the legislature or the general public. The sales
price of a publication shall be designed to recover costs
incurred in preparing and issuing the publication.
Added by Acts 1987, 70th Leg., ch. 769, Sec. 1, eff. Aug. 31,
1987.
SUBCHAPTER E. LEGAL REPRESENTATION OF LEGISLATURE
Sec. 301.061. LEGAL REPRESENTATION OF LEGISLATURE. (a) Subject
to the requirements of Subsection (b) and to the exception
provided in Subsection (c), the legislature, after notifying and
consulting the attorney general, may employ counsel, or authorize
the counsel of a legislative agency, to file suits on behalf of
the legislature, to intervene in pending litigation on behalf of
the legislature, or to otherwise represent the legislature in the
courts of this state or in the courts of the United States.
(b) Representation of the legislature under this section is
authorized only if:
(1) the speaker and the president of the senate approve the
representation in writing; or
(2) both houses by concurrent resolution approve the
representation.
(c) Subsection (a) does not apply to the representation of the
interests of the legislature before the Supreme Court of Texas in
violation of Article IV, Section 22, of the Texas Constitution.
(d) A member of the legislature is immune from civil liability
resulting from the legislature's participation in litigation
under this section, including liability for attorney fees, costs,
and sanctions that may be awarded in the litigation. This
subsection is cumulative of the common law immunity applicable to
the conduct of members of the legislature.
Added by Acts 1993, 73rd Leg., ch. 753, Sec. 1, eff. June 17,
1993.