CHAPTER 301. LEGISLATIVE ORGANIZATION

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GOVERNMENT CODE

TITLE 3. LEGISLATIVE BRANCH

SUBTITLE A. LEGISLATURE

CHAPTER 301. LEGISLATIVE ORGANIZATION

SUBCHAPTER A. INITIAL MEETING AND ORGANIZATION

Sec. 301.001. TIME OF MEETING. The legislature shall convene in

regular session at 12 noon on the second Tuesday in January of

each odd-numbered year.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.002. WHO MAY ORGANIZE. The following persons only may

organize the senate and house of representatives:

(1) senators who have not completed their terms of office; and

(2) individuals who have received certification of election to

the house of representatives or senate.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.003. SECRETARY OF STATE AS PRESIDING OFFICER. (a) The

secretary of state shall attend the convening of each regular

legislative session and shall preside.

(b) If there is no secretary of state or if the secretary of

state is absent or unable to attend, the attorney general shall

attend and preside.

minutes of the proceedings. If the chief clerk of the house of

representatives for the previous session is present, the

secretary of state shall appoint that person to act as clerk.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.004. DUTIES OF CLERK. (a) Under the direction of the

secretary of state, the clerk shall call the counties in

alphabetical order regardless of whether the secretary of state

has received the election returns for each county.

(b) If an individual appears at the call and presents proper

evidence of his election, the individual shall be admitted or

qualified as if the individual's election returns had been made

to the secretary of state.

members-elect have appeared and presented their credentials, the

clerk shall administer the official oath to each member-elect.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.005. LACK OF QUORUM. If a quorum is not present on the

day the legislature is to convene, the secretary of state and the

clerk shall attend each day until a quorum appears and is

qualified.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.006. SELECTION OF OFFICERS. (a) Immediately after

election of the speaker of the house of representatives under

Section 302.001, the speaker shall take the chair.

(b) After the speaker takes the chair, the house of

representatives shall choose necessary officers and the speaker

shall administer the official oath to them.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.007. DISTRIBUTION OF JOURNALS. (a) The lieutenant

governor and speaker shall each appoint an employee to distribute

the journal of the respective houses.

(b) The employee shall distribute a copy of the journal to:

(1) the governor;

(2) each member of the legislature; and

(3) heads of departments, if requested.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

SUBCHAPTER B. LEGISLATIVE REORGANIZATION ACT

Sec. 301.011. SHORT TITLE. This subchapter may be cited as the

Legislative Reorganization Act of 1961.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.012. PURPOSE. The legislature believes that it must

conduct its activities on a full-time and continuing basis in

order to achieve efficiency and continuity in performing its

duties. It is the purpose of this subchapter to authorize

legislative committees and other legislative instrumentalities to

work and meet their responsibilities regardless of whether the

legislature is in session.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.013. SELECTION OF COMMITTEES. (a) In its rules of

procedure or in a simple resolution, each house may determine the

number, composition, function, membership, and authority of its

committees.

(b) By concurrent resolution, the two houses may determine the

number, composition, function, membership, and authority of joint

committees.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.014. POWERS AND DUTIES OF STANDING COMMITTEES. (a)

Each standing committee shall:

(1) conduct a continuing study of any matter within its

jurisdiction and of the instrumentalities of government

administering or executing the matter;

(2) examine the administration and execution of all laws

relating to matters within its jurisdiction;

(3) conduct investigations to collect adequate information and

materials necessary to perform its duties;

(4) formulate legislative programs; and

(5) initiate, draft, and recommend to the appropriate house any

legislation the committee believes is necessary and desirable.

(b) The chair of each standing committee shall introduce or

cause to be introduced the legislative programs developed by the

committee and shall mobilize committee efforts to secure the

enactment into law of committee proposals.

of each state department, agency, or office as necessary to

perform the committee's duties.

(d) A standing committee is not limited in its legislative

endeavors to considering bills, resolutions, or other proposals

submitted by individual legislators. Each committee shall search

for problems within its jurisdiction and develop, formulate,

initiate, and secure passage of any legislative solution the

committee believes is desirable.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.015. MEETINGS OF STANDING COMMITTEES. (a) When the

legislature is in session, each standing committee shall, if

practicable, meet regularly according to applicable legislative

requirements and rules of procedure. A committee shall meet at

other times determined by the committee.

(b) When the legislature is not in session, each standing

committee shall meet as necessary to transact the committee's

business. Each committee shall meet in Austin, except that if

authorized by resolution of the house creating the committee, the

committee may meet in any location in this state that the

committee determines necessary. To the extent authorized by

resolution, each committee may determine its meeting times.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.016. SPECIAL COMMITTEES. (a) By resolution, each

house acting individually or the two houses acting jointly may

create special committees.

(b) A special committee shall perform the duties and functions

and exercise the powers prescribed by the resolution creating the

committee.

committee, a special committee shall have and exercise the powers

granted under this subchapter to a standing committee. A special

committee also has any other powers delegated to it by the

resolution creating the committee, subject to the limitations of

law.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.017. GENERAL INVESTIGATING COMMITTEES. (a) By

resolution, each house may create a general investigating

committee.

(b) The senate general investigating committee must consist of

five senators appointed by the president of the senate. The

president of the senate shall designate a committee member as

chairman.

not fewer than five house members appointed by the speaker. The

speaker shall designate a committee member as chairman.

(d) Each member serves a term beginning on the date of the

member's appointment and ending with the convening of the next

regular session following the date of appointment.

(e) If a vacancy occurs on a general investigating committee,

the appropriate appointing authority shall appoint a person to

fill the vacancy in the same manner as the original appointment.

(f) Each general investigating committee shall select a

vice-chairman and secretary from among its members.

(g) Members of a general investigating committee are entitled to

reimbursement for actual and necessary expenses incurred in

attending committee meetings and engaging in committee work.

(h) All expenses of a general investigating committee, including

compensation of the committee's employees and expenses incurred

by members, shall be paid out of any appropriation to the

legislature for mileage, per diem, and contingent expenses.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 1, eff. Sept. 1,

2001.

Sec. 301.018. GENERAL INVESTIGATING COMMITTEE MEETINGS. (a)

Each general investigating committee may begin work as soon as it

desires after its members are appointed. Each general

investigating committee created under this subchapter shall meet,

organize, and adopt rules of evidence and procedure and any other

necessary rules. The committee rules may not conflict with

Section 301.025.

(b) Whether or not the legislature is in session, each general

investigating committee may meet at any time or place in the

state determined necessary by the committee.

its proceedings.

(d) A majority of the members of a general investigating

committee constitutes a quorum to transact business.

(e) If the general investigating committees decide not to

conduct joint hearings as provided by Section 301.019, the

committees shall establish a liaison to fully inform the chairman

of the inactive committee of the nature and progress of any

inquiry by the other committee.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 2, eff. Sept. 1,

2001.

Sec. 301.019. JOINT GENERAL INVESTIGATING COMMITTEE HEARINGS.

(a) On a majority vote of each general investigating committee,

the committees may conduct joint hearings and investigations. The

committees may adopt joint rules to govern the hearings.

(b) If the general investigating committees conduct joint

inquiries or investigations, the chairman of the senate committee

shall be the chairman and the chairman of the house committee

shall be the vice-chairman.

constitute a quorum.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.020. POWERS AND DUTIES OF GENERAL INVESTIGATING

COMMITTEES. (a) Each general investigating committee may

initiate or continue inquiries and hearings concerning:

(1) state government;

(2) any agency or subdivision of government within the state;

(3) the expenditure of public funds at any level of government

within the state; and

(4) any other matter the committee considers necessary for the

information of the legislature or for the welfare and protection

of state citizens.

(b) Each general investigating committee may inspect the

records, documents, and files and may examine the duties,

responsibilities, and activities of each state department,

agency, and officer and of each municipality, county, or other

political subdivision of the state.

general investigating committee lawfully issues, the committee

may cite the person for contempt and cause the person to be

prosecuted for contempt according to the procedure prescribed by

this chapter or by other law.

(d) Each general investigating committee shall make reports to

members of the legislature that the committee determines are

necessary and appropriate.

(e) Information held by a general investigating committee that

if held by a law enforcement agency or prosecutor would be

excepted from the requirements of Section 552.021 under Section

552.108 is confidential and not subject to public disclosure.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 2001, 77th Leg., ch. 1005, Sec. 3, eff. Sept. 1,

2001.

Sec. 301.021. GENERAL INVESTIGATING COMMITTEE EMPLOYEES. (a)

If for any reason it is necessary to obtain assistance in

addition to the services provided by the State Auditor, attorney

general, Texas Legislative Council, or Department of Public

Safety, each general investigating committee may employ and

compensate assistants to assist in any investigation, audit, or

legal matter.

(b) Each general investigating committee may employ and

compensate clerks, stenographers, and other employees to conduct

committee investigations and hearings and keep proper records.

compensate an employee, the committee must submit the proposed

employment to the president of the senate or speaker of the

house, as appropriate, for authorization. If the president of the

senate or speaker agrees to the proposed employment, he must

authorize the employment in writing.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.022. TESTIMONY UNDER OATH. (a) All legislative

committees shall require witnesses to give testimony under oath,

subject to the penalties of perjury.

(b) The oath required by this section may be waived by any

committee except a general investigating committee.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.023. ADMINISTERING OATHS. (a) The following

individuals may administer oaths to testifying witnesses:

(1) the president of the senate;

(2) the speaker of the house;

(3) the chairman or acting chairman of a standing or special

committee; and

(4) the chairman or acting chairman of a joint committee.

(b) If circumstances require, a member of either house may

administer an oath to a witness testifying on a matter pending in

the member's house or in a committee of that house.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.024. PROCESS. (a) A general investigating committee

may issue process to compel the attendance of witnesses and the

production of books, records, documents, and instruments required

by the committee. Any other committee may issue process if

authorized by the resolution creating the committee or the rules

of procedure of the creating house. A committee may issue process

to a witness at any place in this state.

(b) A committee chairman shall issue in the name of the

committee all subpoenas and other process as directed by the

committee.

process, a committee may issue writs of attachment.

(d) All process may be addressed to and served by any peace

officer of this state or by the sergeant at arms appointed by the

committee.

(e) A witness who attends a committee proceeding or a proceeding

of either house under process is entitled to the same mileage and

per diem as a witness who appears before a grand jury in this

state. Mileage and per diem are paid from that house's contingent

expense fund or from the contingent expense fund of the committee

conducting the proceeding.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.025. REFUSAL TO TESTIFY. (a) A witness called by

either house or by a legislative committee does not have a

privilege to refuse to testify to a fact or produce a document on

the ground that the testimony or document may tend to disgrace

the person or otherwise make the person infamous.

(b) The legislature may require a person to testify or produce a

document concerning a matter under inquiry before either house or

a legislative committee even if the person claims that the

testimony or document may incriminate him.

that the testimony or document may incriminate him, the person

may not be indicted or prosecuted for any transaction, matter, or

thing about which the person truthfully testified or produced

evidence.

(d) A witness has a right to counsel when testifying before the

legislature or a legislative committee.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.026. CONTEMPT OF LEGISLATURE. (a) A person commits an

offense if the person:

(1) has been summoned as a witness to testify or produce papers

by either house or any legislative committee; and

(2) refuses to appear, refuses to answer relevant questions, or

refuses to produce required books, papers, records, or documents.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $100 nor more than $1,000 and by

imprisonment for not less than 30 days nor more than 12 months.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.027. PROSECUTION FOR CONTEMPT OF LEGISLATURE. (a) If

a person is summoned by either house or any legislative committee

as prescribed by Section 301.024 and fails to appear, refuses to

answer relevant questions, or fails to produce required books,

papers, records, or documents while the legislature is in

session, the fact of the failure may be reported to either house.

If the legislature is not in session, a statement of facts

concerning the failure may be reported to and filed with the

president of the senate or speaker of the house.

(b) If the president of the senate or speaker receives a report

or statement of facts as provided by Subsection (a), the

president of the senate or speaker shall certify the statement of

facts to the Travis County district attorney under the seal of

the senate or house of representatives, as appropriate.

before the grand jury for action. If the grand jury returns an

indictment, the district attorney shall prosecute the indictment.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.028. COOPERATION OF OTHER AGENCIES. (a) Each standing

committee, including a general investigating committee, may

request necessary assistance from all state agencies,

departments, and offices, including:

(1) the State Auditor;

(2) the Texas Legislative Council;

(3) the Department of Public Safety; and

(4) the attorney general.

(b) Each state agency, department, and office shall assist any

legislative committee that requests assistance.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.029. APPROPRIATIONS FOR SALARIES, PER DIEM, AND

EXPENDITURES. (a) Each house may pay contingent expenses for

the entire term of each member of that house.

(b) Each house may appropriate money to pay all salaries, per

diem, and other expenditures authorized by law.

appropriations for the house of representatives and for the

senate.

(d) The comptroller of public accounts shall keep each house's

accounts separate and distinct. Unless authorized by law, money

in one account may not be transferred to the other account.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.031. COMMITTEE STAFF. From its contingent expense

fund, each house may provide for necessary clerks, clerical

assistance, and staff to each committee created by that house.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Sec. 301.032. GIFTS AND GRANTS. (a) Either house of the

legislature may accept gifts, grants, and donations from any

organization described in Section 501(c)(3) of the Internal

Revenue Code for the purpose of funding any legislative activity.

(b) A committee created by resolution may accept gifts, grants,

and donations for purposes of funding the committee's activities

unless the resolution prohibits the acceptance.

meeting by a majority of the voting members of the appropriate

body and reported in the public record of the accepting body with

the name of the donor and purpose of the gift, grant, or

donation.

Added by Acts 1987, 70th Leg., ch. 617, Sec. 1, eff. Sept. 1,

1987.

Sec. 301.033. ALLOCATION OF SPACE IN LEGISLATIVE SERVICES

BUILDING. (a) The space in the legislative services office

building and parking facilities authorized by Chapter 168, Acts

of the 74th Legislature, Regular Session, 1995, is allocated to

the legislature and legislative agencies for their use. The

presiding officers of each house of the legislature shall jointly

decide the allocation of the space in the building and

facilities.

(b) The building shall be known as the Robert E. Johnson

Building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 2, eff. Sept. 1,

1999.

Sec. 301.034. SALE OF TEXAS FLAGS AND SIMILAR ITEMS. Either

house of the legislature may acquire and provide for the sale of

Texas flags and other items carrying symbols of the State of

Texas.

Added by Acts 1999, 76th Leg., ch. 377, Sec. 1, eff. May 29,

1999. Renumbered from Sec. 301.033 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(35), eff. Sept. 1, 2001.

SUBCHAPTER C. MEMBERSHIP ON INTERIM COMMITTEES

Sec. 301.041. TERMINATION OF MEMBERSHIP. (a) A duly appointed

senator's or representative's membership on the Legislative

Budget Board, Legislative Library Board, Legislative Audit

Committee, Texas Legislative Council, or any other interim

committee terminates if the member:

(1) resigns the membership;

(2) ceases membership in the legislature for any reason; or

(3) fails to be nominated or elected to the legislature for the

next term.

(b) A vacancy created under this section shall be immediately

filled by appointment for the unexpired term in the same manner

as the original appointment.

Legislative Library Board, or Legislative Audit Committee because

of the member's position as chairman of a standing committee,

this section does not affect the member's position as chairman of

that standing committee.

(d) In filling a vacancy created under this section, the

lieutenant governor or the speaker may appoint a senator or

representative, as appropriate, other than a committee chairman

designated by law to serve as a member of the Legislative Budget

Board, Legislative Library Board, Legislative Audit Committee,

Texas Legislative Council, or any other interim committee. An

appointment made under this subsection does not constitute an

appointment to any position other than that of a member of a

board, council, or committee covered by this section.

Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.01(a), eff.

Sept. 1, 1987.

SUBCHAPTER D. LEGISLATIVE PUBLICATIONS

Sec. 301.051. ISSUANCE OF PUBLICATIONS. Either house of the

legislature or a legislative agency may produce and sell or

distribute publications that the house or agency determines to be

of interest to the legislature or the general public. The sales

price of a publication shall be designed to recover costs

incurred in preparing and issuing the publication.

Added by Acts 1987, 70th Leg., ch. 769, Sec. 1, eff. Aug. 31,

1987.

SUBCHAPTER E. LEGAL REPRESENTATION OF LEGISLATURE

Sec. 301.061. LEGAL REPRESENTATION OF LEGISLATURE. (a) Subject

to the requirements of Subsection (b) and to the exception

provided in Subsection (c), the legislature, after notifying and

consulting the attorney general, may employ counsel, or authorize

the counsel of a legislative agency, to file suits on behalf of

the legislature, to intervene in pending litigation on behalf of

the legislature, or to otherwise represent the legislature in the

courts of this state or in the courts of the United States.

(b) Representation of the legislature under this section is

authorized only if:

(1) the speaker and the president of the senate approve the

representation in writing; or

(2) both houses by concurrent resolution approve the

representation.

interests of the legislature before the Supreme Court of Texas in

violation of Article IV, Section 22, of the Texas Constitution.

(d) A member of the legislature is immune from civil liability

resulting from the legislature's participation in litigation

under this section, including liability for attorney fees, costs,

and sanctions that may be awarded in the litigation. This

subsection is cumulative of the common law immunity applicable to

the conduct of members of the legislature.

Added by Acts 1993, 73rd Leg., ch. 753, Sec. 1, eff. June 17,

1993.

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