GOVERNMENT CODE
TITLE 3. LEGISLATIVE BRANCH
SUBTITLE A. LEGISLATURE
CHAPTER 301. LEGISLATIVE ORGANIZATION
SUBCHAPTER A. INITIAL MEETING AND ORGANIZATION
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
SUBCHAPTER B. LEGISLATIVE REORGANIZATION ACT
§ 301.011. SHORT TITLE. This subchapter may be cited as
the Legislative Reorganization Act of 1961.
Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 1005, § 1, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 1005, § 2, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 2001, 77th Leg., ch. 1005, § 3, eff. Sept. 1, 2001.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1987.
§ 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, § 2, eff. Sept. 1, 1999.
§ 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, § 1, eff. May 29, 1999.
Renumbered from § 301.033 by Acts 2001, 77th Leg., ch. 1420, §
21.001(35), eff. Sept. 1, 2001.
SUBCHAPTER C. MEMBERSHIP ON INTERIM COMMITTEES
§ 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, § 1, eff. Sept. 1, 1985. Amended
by Acts 1987, 70th Leg., ch. 167, § 2.01(a), eff. Sept. 1, 1987.
SUBCHAPTER D. LEGISLATIVE PUBLICATIONS
§ 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, § 1, eff. Aug. 31, 1987.
SUBCHAPTER E. LEGAL REPRESENTATION OF LEGISLATURE
§ 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, § 1, eff. June 17, 1993.
