Bill Text: TX HR3 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Adopting the Housekeeping Resolution for the House of Representatives of the 88th Legislature.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-01-11 - Reported enrolled [HR3 Detail]

Download: Texas-2023-HR3-Enrolled.html

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H.R. No. 3

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 88th [87th] 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 5
ARTICLE 2. SPEAKER OF THE HOUSE 5
SECTION 2.01. SPEAKER'S GENERAL POWERS AND DUTIES 5
SECTION 2.02. SPEAKER'S APARTMENT AND OFFICES 5
SECTION 2.03. INTERSTATE OR FEDERAL-STATE ASSOCIATIONS;
TRAINING SEMINARS 6
SECTION 2.04. DEANS 7
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 8
SECTION 3.04. HOUSE POLICY MANUAL 8
SECTION 3.05. HOUSE PROPERTY, SUPPLIES, ACCOUNTING 8
SECTION 3.06. USE OF HOUSE CHAMBER AND FACILITIES; ASSIGNMENT
OF DESKS, OFFICES, AND PARKING SPACES 9
SECTION 3.07. RECORDS OF THE HOUSE; PRINTING; JOURNALS;
COPIES OF LEGISLATIVE DOCUMENTS10
SECTION 3.08. HONORARY CERTIFICATES11
SECTION 3.09. COMPOSITE PHOTOGRAPH12
SECTION 3.10. POLICIES REGARDING TEMPORARY ACTING
MEMBERS12
SECTION 3.11. DISPLAY OF "IN GOD WE TRUST" IN HOUSE13
SECTION 3.12. HOUSE RECYCLING PROGRAM13
SECTION 3.13. JOINT COMMITTEE HEARING NOTICES ON WEBSITE13
SECTION 3.14. ACCESS TO HOUSE OFFICES13
SECTION 3.15. DPS PANIC BUTTONS13
SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES14
ARTICLE 4. EMPLOYEES AND EMPLOYMENT POLICIES14
SECTION 4.01. DEFINITION14
SECTION 4.02. OFFICERS AND SUPERVISORY ADMINISTRATIVE
EMPLOYEES OF THE HOUSE14
SECTION 4.03. OTHER CENTRAL HOUSE PERSONNEL16
SECTION 4.04. EMPLOYEES OF INDIVIDUAL MEMBER16
SECTION 4.05. COMMITTEE STAFF; AUTHORITY TO REQUEST
ASSISTANCE16
SECTION 4.06. WORK SCHEDULE; HOURS OF HOUSE OPERATIONS16
SECTION 4.07. COMPENSATION17
SECTION 4.08. DUTIES18
SECTION 4.09. APPEARANCE BEFORE COMMITTEES18
SECTION 4.10. CHAMBER ACCESS18
SECTION 4.11. VOTING18
SECTION 4.12. VOTING RECORDS18
SECTION 4.13. CAMPAIGN FOR SPEAKER19
SECTION 4.14. POLITICAL INFLUENCE19
SECTION 4.15. OUTSIDE EMPLOYMENT, EXTRA COMPENSATION, OR
GIFTS19
SECTION 4.16. DISCHARGE19
SECTION 4.17. DURATION OF EMPLOYMENT20
SECTION 4.18. EMPLOYMENT BY MORE THAN ONE MEMBER OR
COMMITTEE20
SECTION 4.19. POSITION TITLES AND CLASSIFICATIONS21
ARTICLE 5. ACCOUNTING22
SECTION 5.01. FUNDING OF OFFICE OPERATIONS22
SECTION 5.02. OPERATING ACCOUNTS22
SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS23
SECTION 5.04. MONTHLY CREDIT23
SECTION 5.045. DETERMINATION OF OPERATING ACCOUNT BALANCE23
SECTION 5.05. ACCOUNT CLOSING24
SECTION 5.06. EXPENDITURES CHARGED WHEN ENCUMBERED25
SECTION 5.07. TRAVEL FROM AUSTIN DURING SESSION NOT
CHARGED TO OPERATING ACCOUNT25
SECTION 5.08. TRAVEL OUTSIDE TEXAS25
SECTION 5.09. APPROVAL OF EXPENDITURES26
SECTION 5.10. USE OF FUNDS FOR INFORMAL SETTLEMENTS
PROHIBITED26
SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
PROHIBITED26
ARTICLE 6. CAUCUSES27
SECTION 6.01. DEFINITION27
SECTION 6.02. USE OF HOUSE FUNDS, EMPLOYEES, EQUIPMENT, AND
FACILITIES27
SECTION 6.03. CONTRIBUTIONS28
SECTION 6.04. MEMBERSHIP AND OFFICER LISTS29
SECTION 6.05. REPORT TO ETHICS COMMISSION29
ARTICLE 7. HOUSE RESEARCH ORGANIZATION29
SECTION 7.01. ESTABLISHMENT29
SECTION 7.02. STEERING COMMITTEE29
SECTION 7.03. BUDGET29
ARTICLE 8. SPECIAL PROVISIONS FOR INTERIM29
SECTION 8.01. INTERIM COMMITTEE ACTIVITIES29
SECTION 8.02. POWERS AND DUTIES OF COMMITTEE ON HOUSE
ADMINISTRATION DURING INTERIM30
ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT31
SECTION 9.01. PURPOSE31
SECTION 9.02. TRAINING32
SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
RESOLUTION33
ARTICLE 10. COMMITTEE GIFTS36
SECTION 10.01. COMMITTEE GIFTS36
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. PURPOSE. This resolution is adopted by the
members of the House of Representatives of the 88th [87th]
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 88th [87th] 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 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.
SECTION 2.04. DEANS. The speaker shall recognize as deans
both the male member and the female member having the greatest
seniority based on cumulative years of service in the house.
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;
(6) in consultation with the State Preservation Board,
identify and establish a space that provides privacy, security, a
water faucet, and a power outlet, within or near the hall of the
house for use for breastfeeding or breast pumping by house members
and employees of the house or media representatives entitled to the
privileges of the floor when the house is in session; and
(7) determine the hours the hall of the house shall be
open to visitors.
(b) Any member who is not a member-elect of the 89th [88th]
Legislature shall vacate the member's office space before December
1, 2024 [2022]. 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 89th [88th] Legislature who was not a
member of the 88th [87th] Legislature is permitted to move into and
begin using the member-elect's office space at least 72 hours
before the time the 89th [88th] 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. The
Committee on House Administration shall direct the State
Preservation Board to maintain the permanent display of the motto
"In God We Trust" 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.
SECTION 3.16. USE OF HOUSE AUDIO OR VIDEO RESOURCES. The
Committee on House Administration shall adopt a policy that allows
members the use of house audio or visual resources. Use of house
audio or visual resources may only be prohibited for the following
reasons:
(1) the use is otherwise prohibited by law;
(2) the use maligns the reputation of an individual;
or
(3) the use is for political advertising, as defined
by Section 251.001, Election Code.
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) Officers of the house authorized to be
appointed under this section shall be appointed by and serve at the
pleasure of the speaker. Employees of the house responsible for
supervising the departments and divisions that support the
operation of the house shall also be appointed by and serve at the
pleasure of the speaker.
(a-1) The following are the officers of the house that shall
be appointed by the speaker under this section:
(1) Chief Clerk;
(2) Journal Clerk;
(3) Reading Clerks;
(4) Sergeant-at-Arms;
(5) Doorkeeper;
(6) Chaplain;
(7) Voting Clerk;
(8) Committee Coordinator;
(9) Parliamentarians (not more than two individuals);
and
(10) Executive Director, House Business Office.
(a-2) In addition to the officers listed in Subsection (a-1)
of this section, the speaker may also appoint a chief assistant to
any officer listed in Subsection (a-1) of this section. An
assistant appointed under this subsection is also an officer of the
house who serves 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 $6,780 [$5,280]
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 87th [86th] Legislature shall have the following
operating accounts for the 88th [87th] Legislature:
(1) a Fiscal Year 23 [21] Operating Account (September
1, 2022 [2020], through August 31, 2023 [2021]);
(2) a Fiscal Year 24 [22] Operating Account (September
1, 2023 [2021], through August 31, 2024 [2022]); and
(3) a Fiscal Year 25 [23] Operating Account (September
1, 2024 [2022], through January 14, 2025 [10, 2023]).
(b) Each member who did not serve in the 87th [86th]
Legislature shall have the same operating accounts for the 88th
[87th] Legislature as a returning member under Subsection (a) of
this section except that the duration of the Fiscal Year 23 [21]
Operating Account is from January 10, 2023 [12, 2021], through
August 31, 2023 [2021].
(c) For each member who served in the 87th [86th]
Legislature, it shall not be necessary to close the member's Fiscal
Year 23 [21] Operating Account when the 88th [87th] Legislature
convenes.
SECTION 5.03. CREDIT FOR NEWLY ELECTED MEMBERS. Each
member who did not serve in the 87th [86th] Legislature may have
credited to the member's Fiscal Year 23 [21] Operating Account the
amount of $2,000.
SECTION 5.04. MONTHLY CREDIT. (a) Each member's operating
account shall be credited with $19,250 [$15,250] 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 $17,500 [$13,500].
(b) The Committee on House Administration may provide to the
deans 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 89th [88th]
Legislature, the member's operating account may not operate at a
deficit after November 30, 2024 [2022].
SECTION 5.05. ACCOUNT CLOSING. (a) Each member's Fiscal
Year 23 [21] Operating Account shall be closed as of August 31, 2023
[2021].
(b) Each member may carry forward and have credited to the
member's Fiscal Year 24 [22] Operating Account the unexpended
balance of the member's Fiscal Year 23 [21] 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 24 [22] Operating Account.
(c) Each member's Fiscal Year 24 [22] Operating Account
shall be closed as of August 31, 2024 [2022].
(d) Each member may carry forward and have credited to the
member's Fiscal Year 25 [23] Operating Account the unexpended
balance of the member's Fiscal Year 24 [22] 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 25 [23] 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 FROM 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.
SECTION 5.11. USE OF HOUSE RESOURCES FOR POLITICAL PURPOSES
PROHIBITED. Pursuant to Section 51, Article III, Texas
Constitution, house resources may be used only for a public
purpose. A house member, committee, officer, or employee may not
use or direct the use of any house resources to further any
political purpose. In this section, "house resources" includes
appropriated funds, property, services, personnel, or any other
thing of value belonging to the government that comes into the
custody, possession, or control of a house member, committee,
officer, or employee by virtue of public office or employment.
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.
ARTICLE 9. APPROPRIATE WORKPLACE CONDUCT
SECTION 9.01. PURPOSE. (a) The house finds that early
intervention is often the most effective way to resolve incidents
of inappropriate behavior and ensure appropriate workplace
conduct.
(b) The house encourages the prompt reporting of concerns
and complaints, as appropriate, so that constructive action can be
taken before the offensive conduct continues, escalates, or affects
others, and to ensure that a timely and thorough investigation can
occur if necessary.
(c) This article is adopted to further early intervention
and remediation of complaints and implements the house rules.
SECTION 9.02. TRAINING. (a) Each member, officer, and
employee is required to complete an interactive training program
related to preventing and resolving violations of the house rules,
this resolution, and house policy related to appropriate workplace
conduct that is approved every two years by the Committee on House
Administration. This training may be combined with training on
other employment-related topics such as employment discrimination
and workplace violence.
(b) The training must include specific information related
to the process for reporting violations of a house rule, this
resolution, and house policy related to appropriate workplace
conduct, for utilizing informal methods of resolving those
violations, and for filing formal complaints with the house or
another agency designated by law to receive those complaints.
(c) The training required by this section must be completed
not later than the 30th day after:
(1) the member qualifies;
(2) the officer is appointed; or
(3) the employee starts employment.
(d) A member, officer, or employee is required to complete a
subsequent approved interactive training program not later than
each biennial anniversary of the date the individual was initially
required to complete the training under Subsection (c) of this
section.
(e) The Committee on House Administration shall designate
an officer or supervisory administrative employee to keep accurate
records of each individual required to complete an approved
training program. The officer or employee shall make those records
available to the public.
SECTION 9.03. COMPLAINTS; FILING, INVESTIGATION, AND
RESOLUTION. (a) An individual claiming to be aggrieved by a
violation of the house rules, this resolution, or house policy
related to appropriate workplace conduct may file a complaint with:
(1) the chair of the house general investigating
committee established under Section 301.017, Government Code, if
the individual whose complained-of conduct is an individual other
than the chair, the chair's employee, or an individual related to
the chair or the chair's employee within the third degree by
consanguinity or within the second degree by affinity as determined
under Chapter 573, Government Code; or
(2) the vice chair of the committee, if the individual
whose complained-of conduct is the chair of the committee, the
chair's employee, or an individual related to the chair or the
chair's employee within the third degree by consanguinity or within
the second degree by affinity as determined under Chapter 573,
Government Code.
(b) Any complaint must be substantially similar in form to
the requirements of Sections 21.201(b) and (c), Labor Code.
(c) Upon receipt of a complaint that meets the requirements
of Subsection (b) of this section, the receiving official may, with
the agreement of the parties, endeavor to address the alleged
violation by informal, voluntary, and confidential methods of
conference and conciliation.
(d) During the pendency of a complaint, the committee may
take any appropriate action to reduce the likelihood of a
complainant and respondent being in regular contact with each
other.
(e) The committee shall conduct an investigation of a
complaint, determine whether reasonable cause exists to believe
that the respondent violated a house rule, this resolution, or
house policy, and attempt to resolve the complaint through informal
or formal methods, as provided by committee rule. The committee's
rules must provide for a process substantially similar to the
process provided for the administrative review of complaints under
Subchapter E, Chapter 21, Labor Code, where applicable, and must
include a due process hearing by the committee before a report is
prepared under Subsection (h) of this section.
(f) If the respondent is a member of the house, the
committee's investigation must be conducted by a competent
individual who is not an officer, employee, or annuitant of state
government. The prohibition under this subsection does not apply to
a retired or former judge subject to assignment under Subchapter C,
Chapter 74, Government Code.
(g) The individual employed or compensated by the committee
under Subsection (f) of this section shall only perform the
investigative functions of determining facts and reporting those
facts to the committee and shall not perform any other functions
for, or provide other services to, the committee in connection with
a complaint.
(h) If the committee cannot resolve the complaint, the
committee shall determine whether the respondent violated a house
rule, this resolution, or house policy as alleged in a complaint and
shall prepare a report containing:
(1) the committee's findings of fact and conclusions
of law to support its final determination; and
(2) if the committee finds that the respondent
violated a house rule, this resolution, or house policy, a
recommendation for any discipline or remedial action, in proportion
to the seriousness of the conduct, necessary to prevent the
violation from occurring again.
(i) No committee report shall be made unless ordered by
two-thirds of the membership of the committee. If a committee
report is ordered, any member of the committee dissenting from the
views of the majority may file a minority report, which is not
subject to House Rule 4, Section 28. The minority report shall be
included with the majority report at each distribution. If the
committee is unable to agree on a recommendation for action or has
an insufficient number of votes to adopt the report prepared by the
committee, it shall submit a statement of this fact as its report.
The committee shall deliver a copy of its report to the complainant
and respondent and, if the respondent is:
(1) a member of the house, to the speaker and the chief
clerk;
(2) an officer of the house, to the speaker; and
(3) an employee of the house, to the employee's
employing authority as set out in this resolution.
(j) All proceedings on a complaint are completely
confidential, and information related to those proceedings may not
be released by any person unless authorized by committee rule or by
the house. Notices of committee hearings, minutes, and witness
lists required under the house rules shall be prepared as directed
by the Committee on House Administration to ensure that no
information is provided that would reasonably lead to the
identification of a complainant, respondent, or witness. If an
individual releases information made confidential by this section
without authorization, that individual is subject to sanction by
the house as authorized by Section 15, Article III, Texas
Constitution, or other law. Any report of the house general
investigating committee under this section is confidential until it
is ordered printed by the house or ordered released by the committee
if the house is not in session.
(k) To the extent of any conflict between this section and
Rule 4 of the House Rules, this section prevails.
ARTICLE 10. COMMITTEE GIFTS
SECTION 10.01. COMMITTEE GIFTS. (a) Subject to the
limitation in Subsection (b) of this section, a member of the house
may not offer, confer, or agree to confer to a committee member one
or more gifts per year with a total value of more than the amount of
the per diem set by the Texas Ethics Commission pursuant to Section
24a(e), Article III, Texas Constitution.
(b) If two or more members of the house join together to
offer, confer, or agree to confer to a committee chair or vice chair
one or more gifts per year, the total value of the gifts may not
exceed three times the amount of the per diem described in
Subsection (a) of this section.
Metcalf
Cole
______________________________
Speaker of the House
I certify that H.R. No. 3 was adopted by the House on January
11, 2023, by the following vote: Yeas 147, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House