H.B. No. 4181
 
 
 
 
AN ACT
  relating to the organization and efficient operation of the
  legislative branch of state government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 301.001, 301.002, 301.003, 301.004, and
  301.005, Government Code, are amended to read as follows:
         Sec. 301.001.  TIME AND PLACE OF MEETING. The legislature
  shall convene at the seat of government in regular session at 12
  noon on the second Tuesday in January of each odd-numbered year.
         Sec. 301.002.  WHO MAY ORGANIZE. (a) The following
  individuals [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.
         (b)  Only the individuals who have received certification of
  election to the house of representatives may organize the house of
  representatives.
         Sec. 301.003.  [SECRETARY OF STATE AS] PRESIDING OFFICERS
  [OFFICER]. (a) The secretary of state shall attend and [the
  convening of each regular legislative session and shall] preside at
  the organization of the house of representatives.
         (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 at the organization of the house of
  representatives.
         (c)  The lieutenant governor shall attend and preside at the
  organization of the senate. If the lieutenant governor is absent or
  unable to attend, the lieutenant governor may designate a member of
  the senate who is entitled to organize the senate under Section
  301.002(a)(1) to preside [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].
         (d)  If there is no lieutenant governor, the senator with the
  greatest number of years of cumulative service as a member of the
  senate who is entitled to organize the senate under Section
  301.002(a)(1) shall preside.
         Sec. 301.004.  TEMPORARY OFFICERS; DUTIES [OF CLERK]. (a)
  If the secretary of the senate for the previous session is present,
  that individual shall act as temporary secretary of the senate. If
  the chief clerk of the house of representatives for the previous
  session is present, the secretary of state shall appoint that
  individual to act as temporary chief clerk. The presiding officer
  of each house of the legislature shall appoint any temporary
  officers necessary to ensure the organization of the legislature.
         (b)  Under the direction of the presiding officer [secretary
  of state], the secretary of the senate or chief clerk shall call the
  districts of the appropriate house [counties] in numerical
  [alphabetical] order regardless of whether the secretary of state
  has received the election returns for each district [county].
         (c) [(b)]  If an individual appears at the call and presents
  proper evidence of the individual's [his] election, the individual
  shall be admitted or qualified as if the individual's election
  returns had been made to the secretary of state.
         (d) [(c)]  After the secretary of the senate has called the
  districts and the senators-elect have appeared and presented their
  credentials, the official oath shall be administered to each
  senator-elect by an officer authorized by law to administer oaths.
         (e)  After the chief clerk has called the districts
  [counties] and the members-elect of the house of representatives
  have appeared and presented their credentials, the chief clerk
  shall administer the official oath to each member-elect.
         (f)  The presiding officer of each house shall ensure that a
  journal of the proceedings of that house is kept.
         Sec. 301.005.  LACK OF QUORUM. If a quorum is not present in
  a house of the legislature on the day the legislature is to convene,
  the presiding officer of that house [secretary of state] and the
  secretary of the senate or chief clerk, as appropriate, shall
  attend each day until a quorum appears and is qualified.
         SECTION 2.  Section 301.006, Government Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  After the senators-elect have taken the official oath,
  the senate shall choose necessary officers, and the lieutenant
  governor or an officer authorized by law to administer oaths shall
  administer the official oath to those officers.
         SECTION 3.  The heading to Subchapter B, Chapter 301,
  Government Code, is amended to read as follows:
  SUBCHAPTER B. COMMITTEES AND COMMITTEE PROCEDURE [LEGISLATIVE
  REORGANIZATION ACT]
         SECTION 4.  Section 301.014, Government Code, is amended to
  read as follows:
         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; and
               (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.
         (c) [(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 recommend [secure] passage of any
  legislative solution the committee believes is desirable.
         SECTION 5.  Section 301.015(b), Government Code, is amended
  to read as follows:
         (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 rule or 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
  rule or resolution, each committee may determine its meeting times.
         SECTION 6.  Sections 301.016 and 301.017, Government Code,
  are amended to read as follows:
         Sec. 301.016.  SPECIAL COMMITTEES. (a) By rule or
  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 rule or
  resolution creating the committee.
         (c)  Except as limited by the rule or 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
  rule or resolution creating the committee, subject to the
  limitations of law.
         Sec. 301.017.  GENERAL INVESTIGATING COMMITTEES. (a) By
  rule or 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 one [a] committee member as
  chairman and one committee member as vice chairman.
         (c)  The house general investigating committee must consist
  of not fewer than five house members appointed by the speaker. The
  speaker shall designate one [a] committee member as chairman and
  one committee member as vice 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.
         (g) [(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 under Section 301.029 [for
  mileage, per diem, and contingent expenses].
         SECTION 7.  Section 301.018(e), Government Code, is amended
  to read as follows:
         (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 each other
  [the chairman of the inactive committee] of the nature and progress
  of committee inquiries [any inquiry by the other committee].
         SECTION 8.  Section 301.019(c), Government Code, is amended
  to read as follows:
         (c)  A majority of the [Seven] members from each house's
  committee constitutes [of a joint general investigating committee
  constitute] a quorum of a joint general investigating committee.
         SECTION 9.  Section 301.020(e), Government Code, is amended
  to read as follows:
         (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
  except as provided by the rules of the house establishing the
  committee.
         SECTION 10.  Section 301.032, Government Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (d) to read
  as follows:
         (b)  Subject to Subsection (c), a [A] committee created by
  rule or resolution may accept gifts, grants, and donations for
  purposes of funding the committee's activities unless the rule or
  resolution prohibits the acceptance.
         (c)  The acceptance of a gift, grant, or donation under
  Subsection (b) is not effective until the committee on
  administration for the appropriate house, or the committees on
  administration for both houses in the case of acceptance by a joint
  committee, approves the acceptance.
         (d)  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.
         SECTION 11.  Section 301.041, Government Code, is
  transferred to Subchapter B, Chapter 301, Government Code,
  redesignated as Section 301.033, Government Code, and amended to
  read as follows:
         Sec. 301.033  [301.041]. TERMINATION OF MEMBERSHIP ON
  INTERIM COMMITTEE. (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.
         SECTION 12.  The heading to Subchapter C, Chapter 301,
  Government Code, is amended to read as follows:
  SUBCHAPTER C. LEGISLATIVE OFFICERS AND EMPLOYEES [MEMBERSHIP ON
  INTERIM COMMITTEES]
         SECTION 13.  Subchapter C, Chapter 301, Government Code, is
  amended by adding Sections 301.041, 301.042, and 301.043 to read as
  follows:
         Sec. 301.041.  COMMUNICATIONS WITH PARLIAMENTARIANS. (a)
  Communications, including conversations, correspondence, and
  electronic communications, between a member, officer, or employee
  of the legislative branch and a parliamentarian appointed by the
  presiding officer of either house that relate to a request by the
  member, officer, or employee for information, advice, or opinions
  from a parliamentarian are confidential and subject to legislative
  privilege. Information, advice, and opinions given privately by a
  parliamentarian to a member, officer, or employee of the
  legislative branch, acting in the member's, officer's, or
  employee's official capacity, are confidential and subject to
  legislative privilege. However, the member, officer, or employee of
  the legislative branch may choose to disclose all or a part of the
  communications, information, advice, or opinions to which this
  section applies, and such disclosure does not violate the law of
  this state.
         (b)  Records relating to requests made of a parliamentarian
  appointed under Subsection (a) for assistance, information,
  advice, or opinion are not public information and are not subject to
  Chapter 552.
         (c)  In this section:
               (1)  "Member, officer, or employee of the legislative
  branch" includes:
                     (A)  a member, member-elect, or officer of either
  house of the legislature or of a legislative committee;
                     (B)  an employee of the legislature, including an
  employee of a legislative agency, office, or committee; and
                     (C)  the lieutenant governor.
               (2)  "Parliamentarian" includes an employee of a
  parliamentarian.
         Sec. 301.042.  COMMUNICATIONS WITH ENGROSSING AND ENROLLING
  DEPARTMENT. (a) In this section, "department" means an engrossing
  and enrolling department maintained by either house of the
  legislature.
         (b)  Communications, including conversations,
  correspondence, and electronic communications, between a member of
  the legislature or the lieutenant governor, an officer of the house
  or senate, a legislative agency, office, or committee, or a member
  of the staff of any of those officers or entities and an assistant
  or employee of a department that relate to a request by the officer
  or entity for information, advice, or opinions from an assistant or
  employee of the department are confidential and subject to
  legislative privilege.
         (c)  A communication described by Subsection (b) is subject
  to attorney-client privilege if:
               (1)  the assistant or employee of the department who is
  a party to the communication is a department attorney or is working
  at the direction of a department attorney;
               (2)  the communication is given privately; and
               (3)  the communication is made in connection with the
  department attorney's provision of legal advice or other legal
  services.
         (d)  Information, advice, and opinions given privately by an
  assistant or employee of a department to a member of the legislature
  or the lieutenant governor, an officer of the house or senate, a
  legislative agency, office, or committee, or a member of the staff
  of any of those officers or entities, when acting in the person's
  official capacity, are confidential and subject to legislative
  privilege.
         (e)  The member of the legislature, lieutenant governor,
  house or senate officer, or legislative agency, office, or
  committee may choose to disclose all or a part of the
  communications, information, advice, or opinions to which this
  section applies and to which the individual or entity was a party.
         (f)  This section does not affect the authority of a court to
  analyze and apply attorney-client privilege under the applicable
  rules of evidence governing a judicial proceeding.
         Sec. 301.043.  ENGROSSING AND ENROLLING DEPARTMENT RECORDS
  OF DRAFTING AND OTHER REQUESTS. (a) In this section, "department"
  has the meaning assigned by Section 301.042(a).
         (b)  Records relating to requests of department staff for the
  drafting of proposed legislation or for assistance, information,
  advice, or opinion are:
               (1)  subject to legislative privilege; and
               (2)  not public information and not subject to Chapter
  552.
         SECTION 14.  Section 301.007, Government Code, is
  transferred to Subchapter D, Chapter 301, Government Code, and
  redesignated as Section 301.052, Government Code, to read as
  follows:
         Sec. 301.052  [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.
         SECTION 15.  Chapter 301, Government Code, is amended by
  adding Subchapter F, and a subchapter heading is added to read as
  follows:
  SUBCHAPTER F. MISCELLANEOUS PROVISIONS
         SECTION 16.  Section 301.034, Government Code, is
  transferred to Subchapter F, Chapter 301, Government Code, as added
  by this Act, and redesignated as Section 301.071, Government Code,
  to read as follows:
         Sec. 301.071  [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.
         SECTION 17.  Subchapter F, Chapter 301, Government Code, as
  added by this Act, is amended by adding Section 301.072 to read as
  follows:
         Sec. 301.072.  STATE BUILDINGS OCCUPIED BY LEGISLATIVE
  OFFICES AND AGENCIES. (a) This section applies to a state building
  that is:
               (1)  occupied by a legislative office or agency;
               (2)  located in the Capitol complex, as defined by
  Section 443.0071; and
               (3)  not described by Section 2165.007(b)(6).
         (b)  The presiding officers of each house of the legislature,
  in consultation with the legislative offices or agencies occupying
  a state building, shall jointly decide the following with respect
  to a state building to which this section applies, the building's
  facilities, and the grounds used by occupants of the building:
               (1)  the use of space by and allocation of space to a
  legislative office or agency;
               (2)  security and building access for a legislative
  office or agency;
               (3)  the manner in which a legislative office or agency
  contracts for a construction or remodeling project involving space
  allocated to the office or agency; and
               (4)  the timing and logistics of a maintenance or
  construction activity involving the building, facilities, or
  grounds that affects a legislative office or agency.
         SECTION 18.  Section 303.003(c), Government Code, is amended
  to read as follows:
         (c)  Contributions from a contributor to the speaker's
  reunion day ceremony may not exceed an aggregate of $1,000 [$500]
  cash or an aggregate value of more than $1,000 [$500].
         SECTION 19.  Chapter 306, Government Code, is amended by
  adding Sections 306.008 and 306.009 to read as follows:
         Sec. 306.008.  LEGISLATIVE PRIVILEGE. (a) To protect the
  public's interest in the proper performance of the deliberative and
  policymaking responsibilities of the legislature and to preserve
  the legislative branch's independence under the fundamental
  principle of separation of powers, as guaranteed by Article II and
  Section 21, Article III, Texas Constitution, a communication is
  confidential and subject to legislative privilege if the
  communication:
               (1)  is given privately;
               (2)  concerns a legislative activity or function; and
               (3)  is among or between any of the following:
                     (A)  a member of the house or senate;
                     (B)  the lieutenant governor;
                     (C)  an officer of the house or senate;
                     (D)  a member of the governing body of a
  legislative agency; or
                     (E)  a legislative employee.
         (b)  A communication described by Subsection (a) is subject
  to attorney-client privilege if:
               (1)  one of the parties to the communication is a
  legislative attorney or a legislative employee working at the
  direction of a legislative attorney; and
               (2)  the communication is made in connection with the
  legislative attorney's provision of legal advice or other legal
  services.
         (c)  A member of the house or senate, the lieutenant
  governor, or an officer of the house or senate may choose to
  disclose all or part of a communication to which Subsection (a) or
  (b) applies and to which the individual or a legislative employee
  acting on behalf of the individual was a party.
         (d)  This section does not affect the authority of a court to
  analyze and apply legislative or attorney-client privileges under
  the applicable rules of evidence governing a judicial proceeding.
         (e)  In this section:
               (1)  "Legislative agency" means a board, commission,
  committee, council, department, office, or any other agency in the
  legislative branch of state government.  The term does not include
  the Texas Ethics Commission.
               (2)  "Legislative attorney" means an attorney employed
  or engaged by the house, the senate, a member of the house or
  senate, the lieutenant governor, an officer of the house or senate,
  a house or senate committee, a joint committee, or a legislative
  agency.
               (3)  "Legislative employee" means:
                     (A)  an employee of, assistant to, or credentialed
  intern for any part of the legislative branch of state government,
  including the house, the senate, a member of the house or senate,
  the lieutenant governor, an officer of the house or senate, a house
  or senate committee, a joint committee, or a legislative agency; or
                     (B)  a person performing services under a contract
  entered into with the house, the senate, a house or senate
  committee, or a legislative agency.
         Sec. 306.009.  CUSTODIAN OF CERTAIN LEGISLATIVE RECORDS.
  (a) A member of the legislature, the lieutenant governor, an
  officer of the house or senate, or a legislative agency, office, or
  committee that stores records with or transfers records to the
  Legislative Reference Library or the Texas State Library and
  Archives Commission:
               (1)  possesses, maintains, or controls the records for
  purposes of litigation; and
               (2)  is the custodian of the records for purposes of
  Chapter 552.
         (b)  Subsection (a) does not apply to a member of the
  legislature or the lieutenant governor after the individual's
  service as a member or lieutenant governor ends.
         SECTION 20.  Sections 314.003(a) and (b), Government Code,
  are amended to read as follows:
         (a)  If a fiscal note is required on a bill or resolution, it
  must be attached to the bill or resolution as provided by the rules
  of the appropriate house of the legislature [before a committee
  hearing on the bill or resolution may be conducted].
         (b)  The fiscal note must be printed as part of [on the first
  page of] the committee report of the bill or resolution and as part
  [on the first page] of all subsequent printings, as provided by the
  rules of the appropriate house of the legislature.
         SECTION 21.  Section 323.006(a), Government Code, is amended
  to read as follows:
         (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 legal advice and other legal services to
  the legislature; and
               (9)  provide data-processing services to aid members
  and legislative committees in accomplishing their legislative
  duties.
         SECTION 22.  Sections 323.017 and 323.018, Government Code,
  are amended to read as follows:
         Sec. 323.017.  CONFIDENTIAL AND PRIVILEGED COMMUNICATIONS.
  (a) Communications, including conversations, correspondence, and
  electronic communications, between a member of the legislature or
  the lieutenant governor, an officer of the house or senate, a
  legislative agency, office, or committee, or a member of the staff
  of any of those officers or entities and an assistant or employee of
  the council that relate to a request by the officer or entity
  [official] for information, advice, or opinions from an assistant
  or employee of the council are confidential and subject to
  legislative privilege.
         (b)  A communication described by Subsection (a) is subject
  to attorney-client privilege if:
               (1)  the assistant or employee of the council who is a
  party to the communication is a council attorney or is working at
  the direction of a council attorney;
               (2)  the communication is given privately; and
               (3)  the communication is made in connection with the
  council attorney's provision of legal advice or other legal
  services.
         (c)  Information, advice, and opinions given privately by an
  assistant or employee of the council to a member of the
  legislature[,] or the lieutenant governor, an officer of the house
  or senate, a legislative agency, office, or committee, or a member
  of the staff of any of those officers or entities, when acting in
  the person's official capacity, are confidential and subject to
  legislative privilege.
         (d)  The [However, the] member of the legislature, [or]
  lieutenant governor, house or senate officer, or legislative
  agency, office, or committee may choose to disclose all or a part of
  the communications, information, advice, or opinions to which this
  section applies[,] and to which the individual or entity was a party
  [such a disclosure does not violate the law of this state].
         (e)  This section does not affect the authority of a court to
  analyze and apply attorney-client privilege under the applicable
  rules of evidence governing a judicial proceeding.
         Sec. 323.018.  RECORDS OF DRAFTING AND OTHER REQUESTS.
  Records relating to requests of council staff for the drafting of
  proposed legislation or for assistance, information, advice, or
  opinion are:
               (1)  subject to legislative privilege; and
               (2)  not public information and not subject to Chapter
  552.
         SECTION 23.  Chapter 323, Government Code, is amended by
  adding Section 323.021 to read as follows:
         Sec. 323.021.  LEGISLATIVE OFFICE RECORDS. A member of the
  legislature, the lieutenant governor, an officer of the house or
  senate, or a legislative agency, office, or committee that uses a
  system made available by the council to transmit, store, or
  maintain records:
               (1)  possesses, maintains, or controls the records for
  purposes of litigation; and
               (2)  is the custodian of the records for purposes of
  Chapter 552.
         SECTION 24.  Section 324.001, Government Code, is amended by
  adding Subdivisions (4), (5), and (6) to read as follows:
               (4)  "Legislative entity" means a member of the
  legislature, the lieutenant governor, an officer of the house or
  senate, or a legislative committee, department, or office, but does
  not include a legislative agency created by Subtitle C, Title 3.
               (5)  "Legislative record" means a record, including a
  state record or archival state record, created by a legislative
  entity. The term includes records described by Section 324.008(b).
               (6)  "State record" and "archival state record" have
  the meanings assigned by Section 441.180.
         SECTION 25.  Sections 324.007(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The library shall contain, as may best be made available
  for legislative use, the following items:
               (1)  checklists and catalogues of current legislation
  in this and other states;
               (2)  catalogues of bills and resolutions presented in
  either house of the legislature;
               (3)  checklists of public documents in each state;
               (4)  checklists of all reports issued by each
  department, agency, board, or commission of this state; [and]
               (5)  digests of public laws of this and other states;
               (6)  legislative records; and
               (7)  other items designated by the board or the
  director.
         (c)  The director and library employees shall provide any
  assistance requested by a member of the legislature in researching,
  analyzing, evaluating, and preparing bills and resolutions.
         SECTION 26.  The heading to Section 324.008, Government
  Code, is amended to read as follows:
         Sec. 324.008.  DEPOSIT AND MANAGEMENT [DISPOSITION] OF
  DOCUMENTS.
         SECTION 27.  Sections 324.008(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The library is a depository library as defined by
  Section 441.101 [Section 1, Chapter 438, Acts of the 58th
  Legislature, 1963 (Article 5442a, Vernon's Texas Civil Statutes),]
  and shall receive state documents and publications from other
  states distributed by the Texas State Library.
         (c)  At the close of each legislative session, each daily
  legislative journal, bill, or resolution possessed by the senate or
  house sergeant at arms shall be delivered to the library to be
  managed as a legislative record under Section 324.0085 [disposed of
  at the discretion of the director].
         SECTION 28.  Chapter 324, Government Code, is amended by
  adding Sections 324.0085 and 324.0086 to read as follows:
         Sec. 324.0085.  LEGISLATIVE RECORDS. (a)  In this section:
               (1)  "Commission," "records management officer," and
  "state records administrator" have the meanings assigned by Section
  441.180.
               (2)  "Director and librarian of the commission" means
  the chief executive and administrative officer of the Texas State
  Library and Archives Commission.
         (b)  The library is the depository for legislative records.
         (c)  Except as otherwise provided by this chapter, a
  legislative record must be managed by the director in the same
  manner that a state record is managed under Subchapter L, Chapter
  441. For a legislative record, with regard to the requirements of
  Subchapter L, Chapter 441:
               (1)  the board shall perform the functions and duties
  of the commission; and
               (2)  the director shall perform the functions and
  duties of:
                     (A)  the director and librarian of the commission;
                     (B)  the state records administrator; and
                     (C)  the records management officer.
         (d)  Legislative records shall be transferred to the library
  or a depository outside the library under Section 324.0086, in
  accordance with any applicable records retention schedule approved
  by the director under this section.
         (e)  A legislative entity may retrieve, for temporary use,
  records transferred by the legislative entity to the library or a
  depository outside the library. The director and library employees
  shall assist the legislative entity with retrieval of the records,
  and the legislative entity shall return the records to the library
  following the legislative entity's use.
         (f)  Under the direction of the legislative entity that
  created the records transferred to the library, or of the public
  information officer of the appropriate house of the legislature in
  the case of a former legislative entity, the director shall protect
  privileged or confidential legislative records held by the library
  or a depository outside the library from public disclosure.
         (g)  Under the direction of the public information officer of
  the legislative entity that transferred a legislative record to the
  library or an authorized depository outside the library, or of the
  public information officer of the appropriate house of the
  legislature in the case of a former legislative entity, the
  director shall respond to requests received under Chapter 552 for
  the legislative record. The director shall notify the public
  information officer responsible for the legislative record as soon
  as practicable after receiving a request described by this
  subsection.
         (h)  The director may:
               (1)  transfer legislative records to the Texas State
  Library and Archives Commission for management under Subchapter L,
  Chapter 441; and
               (2)  request the Texas State Library and Archives
  Commission to return to the library, without charge to the library,
  legislative records held by the commission.
         (i)  To the extent of any conflict, this section prevails
  over Chapter 441 or any other state law relating to the management
  of legislative records.
         Sec. 324.0086.  PLACEMENT IN OTHER DEPOSITORY. (a)  A
  member of the legislature may apply to the board to place records
  that were created or received by the member's office during the
  member's term in a depository other than the library.
         (b)  The board shall:
               (1)  create a list of preapproved depositories in which
  members of the legislature may place records of their legislative
  offices; and
               (2)  by rule adopt policies and procedures to approve
  additional depositories.
         (c)  The director is responsible for the preservation of
  records described by Subsection (a) placed in a depository other
  than the library. Ownership and legal custody of the records remain
  with the legislature as provided by Section 324.0085. The records
  may not be intermingled with other holdings of the institution that
  serves as a depository.
         SECTION 29.  Subchapter L, Chapter 441, Government Code, is
  amended by adding Section 441.1821 to read as follows:
         Sec. 441.1821.  LEGISLATIVE RECORDS MANAGEMENT.  (a) As
  used in this section, "legislative record" has the meaning assigned
  by Section 324.001.
         (b)  Upon receipt of a request from the Legislative Reference
  Library for the return of a legislative record in the custody of the
  commission, the commission shall immediately return the
  legislative record to the library, at no cost to the library.
         (c)  Notwithstanding any other law, the Legislative
  Reference Library shall manage legislative records under Chapter
  324.  To the extent of any conflict, Chapter 324 prevails over this
  chapter or any other state law relating to the management of state
  records that are legislative records.
         SECTION 30.  Section 602.002, Government Code, is amended to
  read as follows:
         Sec. 602.002.  OATH MADE IN TEXAS. An oath made in this
  state may be administered and a certificate of the fact given by:
               (1)  a judge, retired judge, or clerk of a municipal
  court;
               (2)  a judge, retired judge, senior judge, clerk, or
  commissioner of a court of record;
               (3)  a justice of the peace or a clerk of a justice
  court;
               (4)  an associate judge, magistrate, master, referee,
  or criminal law hearing officer;
               (5)  a notary public;
               (6)  a member of a board or commission created by a law
  of this state, in a matter pertaining to a duty of the board or
  commission;
               (7)  a person employed by the Texas Ethics Commission
  who has a duty related to a report required by Title 15, Election
  Code, in a matter pertaining to that duty;
               (8)  a county tax assessor-collector or an employee of
  the county tax assessor-collector if the oath relates to a document
  that is required or authorized to be filed in the office of the
  county tax assessor-collector;
               (9)  the secretary of state or a former secretary of
  state;
               (10)  an employee of a personal bond office, or an
  employee of a county, who is employed to obtain information
  required to be obtained under oath if the oath is required or
  authorized by Article 17.04 or by Article 26.04(n) or (o), Code of
  Criminal Procedure;
               (11)  the lieutenant governor or a former lieutenant
  governor;
               (12)  the speaker of the house of representatives or a
  former speaker of the house of representatives;
               (13)  the governor or a former governor;
               (14)  a legislator or retired legislator;
               (14-a)  the secretary of the senate or the chief clerk
  of the house of representatives;
               (15)  the attorney general or a former attorney
  general;
               (16)  the secretary or clerk of a municipality in a
  matter pertaining to the official business of the municipality;
               (17)  a peace officer described by Article 2.12, Code
  of Criminal Procedure, if:
                     (A)  the oath is administered when the officer is
  engaged in the performance of the officer's duties; and
                     (B)  the administration of the oath relates to the
  officer's duties; or
               (18)  a county treasurer.
         SECTION 31.  Records described by Section 301.041(b) or
  301.043, Government Code, as added by this Act, or Section 323.018,
  Government Code, as amended by this Act, are not subject to request,
  inspection, or duplication under Chapter 552, Government Code. A
  governmental body may withhold the records without the necessity of
  requesting a decision from the attorney general under Subchapter G,
  Chapter 552, Government Code.
         SECTION 32.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4181 was passed by the House on May 3,
  2019, by the following vote:  Yeas 136, Nays 0, 6 present, not
  voting;
  that the House concurred in Senate amendments to H.B. No.
  4181 on May 23, 2019, by the following vote:  Yeas 142, Nays 1, 2
  present, not voting; and that the House adopted H.C.R. No. 189
  authorizing certain corrections in H.B. No. 4181 on May 26, 2019, by
  the following vote: Yeas 143, Nays 0, 6 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4181 was passed by the Senate, with
  amendments, on May 21, 2019, by the following vote:  Yeas 27, Nays
  4; and that the Senate adopted H.C.R. No. 189 authorizing certain
  corrections in H.B. No. 4181 on May 26, 2019, by the following vote:
  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor