TITLE 3. LEGISLATIVE BRANCH SUBTITLE C. LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES CHAPTER 323. TEXAS LEGISLATIVE COUNCIL Sec. 323.001. CREATION AND MEMBERSHIP. (a) The Texas Legislative Council is an agency of the legislative branch of state government. (b) The council consists of: (1) the lieutenant governor; (2) the speaker of the house of representatives; (3) the chairman of the house administration committee; (4) six senators from various areas of the state appointed by the president of the senate; and (5) five other members of the house of representatives from various areas of the state appointed by the speaker. (c) The lieutenant governor and the speaker are joint chairs of the council. (d) If a vacancy occurs in the appointed membership, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term. (e) Except for the lieutenant governor and the speaker, each member serves a term beginning on the date of the member's appointment and ending with the convening of the first regular legislative session that occurs after the date of appointment. (f) The lieutenant governor and the speaker act as the council during a regular legislative session. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 1328, Sec. 6, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.10, 6.11, eff. Jan. 11, 2004. Sec. 323.003. MEETINGS. (a) The council shall meet as often as necessary to perform its duties. Meetings may be held at any time at the request of either of the joint chairs of the council. (b) A majority of the members of the council from each house of the legislature constitutes a quorum. If a quorum is present, the council may act on any matter that is within its jurisdiction by a majority vote. (c) The council shall keep complete minutes of each meeting. (d) Each member of the legislature is entitled to attend and present his views in any meeting of the council, except that a legislator who is not a member of the council may not vote. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.12, eff. Jan. 11, 2004. Sec. 323.004. EXPENSES OF MEMBERS. Members of the council are entitled to reimbursement for necessary expenses incurred in performing functions as members of the council. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 323.005. COUNCIL EXPENDITURES; SALARIES. (a) The amount of allowable expenditures for the council is determined by legislative appropriation. (b) The council shall determine the salaries of its assistants and employees. (c) The certificate of either of the joint chairs of the council is sufficient evidence of the validity of a claim. On certification, the comptroller shall issue warrants on the treasury to pay each claim for mileage and per diem expenses, salaries of employees, and other authorized expenses. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.13, eff. Jan. 11, 2004. Sec. 323.006. POWERS AND DUTIES. (a) The council shall: (1) study and investigate the functions and problems of state departments, agencies, and officers; (2) conduct investigations and studies and make reports that may be considered useful to the legislative branch of state government; (3) gather and disseminate information for the legislature's use; (4) meet and perform council functions during the legislative interim; (5) make periodic reports to all members of the legislature and keep the legislature fully informed of all issues that may come before the council, any action taken on an issue, and the progress made on an issue; (6) report council recommendations to the legislature and, if appropriate, provide drafts of legislation with the report; (7) assist the legislature in drafting proposed legislation; and (8) provide data-processing services to aid members and legislative committees in accomplishing their legislative duties. (b) By agreement with either house of the legislature or a legislative agency, the council may perform other services or functions for or on behalf of the house or agency. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 323.007. STATUTORY REVISION PROGRAM. (a) The council shall plan and execute a permanent statutory revision program for the systematic and continuous study of the statutes of this state and for the formal revision of the statutes on a topical or code basis. The purpose of the program is to clarify and simplify the statutes and to make the statutes more accessible, understandable, and usable. (b) When revising a statute the council may not alter the sense, meaning, or effect of the statute. (c) As part of the statutory revision program, the council shall: (1) prepare a statutory record showing the status and disposition within the classification of the revised statutes of all acts enacted by the legislature; (2) prepare and submit to the legislature in bill form statutory revisions on a topical or code basis; (3) include a report with each revision that contains revisor's notes explaining in detail the work done; and (4) formulate and implement a continuous revision program so that statutes that have been revised and enacted may be updated without the need for subsequent major revisions. (d) Expired. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 685, Sec. 1.15, eff. Sept. 1, 1993. Sec. 323.008. STATUTORY REVISION ADVISORY COMMITTEE. (a) If the council determines a need exists, either of the joint chairs of the council may appoint statutory revision advisory committees to advise the council on matters relating to the revision of particular subjects of the law. (b) Advisory committees consist of seven members appointed by a joint chair of the council. Advisory committee members serve for a period of two years from the date of appointment. (c) In appointing an advisory committee, a joint chair shall include representatives of the: (1) State Bar of Texas; (2) judiciary; and (3) Texas law schools. (d) An advisory committee shall meet at the call of either of the joint chairs of the council. (e) Each advisory committee shall select one of its members as chairman. (f) Advisory committee members serve without compensation but are entitled to reimbursement for actual expenses incurred in attending official committee meetings. Those expenses are paid from funds appropriated to the council. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.14, eff. Jan. 11, 2004. Sec. 323.009. ORIENTATION FOR MEMBERS-ELECT. (a) The council may reimburse members-elect of the legislature for travel expenses incurred in attending an orientation program conducted by the council between the date of the general election and the convening of the regular legislative session. (b) Payment of reimbursement shall be in accordance with rules adopted by the council. (c) An individual may be reimbursed under this section for only one round trip between the individual's home and the City of Austin. (d) An individual holding office as a member of the legislature when the orientation program occurs is not eligible for reimbursement under this section. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 323.010. INVESTIGATIONS AND SURVEYS. (a) The council or a council committee authorized by the council to hold hearings may hold public or executive hearings to make investigations and surveys. (b) The hearing shall be held at a time and place in the state determined by the council. (c) The council may: (1) inspect and copy any book, record, file, or other instrument or document of a department, institution, county, or political subdivision of the state that is pertinent to a matter under investigation by the council; and (2) examine and audit the books of a person, firm, or corporation having dealings with a department or institution under investigation by the council. (d) Any member of the council or of the committee may administer oaths to witnesses appearing at the hearing. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 323.011. SUBPOENAS. (a) The council or a council committee may issue subpoenas to compel the attendance of witnesses and the production of books, records, or other documents in their custody. (b) A subpoena must be signed by either of the joint chairs of the council. (c) The council sergeant at arms or any peace officer shall serve the subpoena in the manner prescribed for service of a district court subpoena. (d) If a person to whom a subpoena is directed refuses to appear, refuses to answer inquiries, or fails or refuses to produce books, records, or other documents that were under the person's control when the demand was made, the council or a council committee shall report the fact to a Travis County district court. (e) The district court shall enforce a council or committee subpoena by attachment proceedings for contempt in the same manner the court enforces a subpoena issued by that court. (f) A subpoenaed witness who attends a council hearing or meeting is entitled to the same mileage and per diem as a witness who appears before a grand jury of this state. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.15, eff. Jan. 11, 2004. |
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