2005 Texas Government Code CHAPTER 301. LEGISLATIVE ORGANIZATION

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 V.T.C.A., Government Code § 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.