87R23357 BEF-F     By: Metcalf H.B. No. 4294     Substitute the following for H.B. No. 4294:     By:  Metcalf C.S.H.B. No. 4294       A BILL TO BE ENTITLED   AN ACT   relating to the organization and efficient operation of the   legislative branch of state government through joint entities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 301, Government Code, is   amended by adding Section 301.035 to read as follows:          Sec. 301.035.  JOINT INTERIM COMMITTEE PER DIEM AND TRAVEL   EXPENSES. Unless a statute expressly provides otherwise, per diem   and travel expenses paid to a member of a joint committee   established by statute shall be paid by the house to which the   member belongs. The per diem and travel expenses paid to a public   member of the committee shall be paid by the office of the   appointing entity.          SECTION 2.  Section 321.002, Government Code, is amended by   adding Subsections (f) and (g) to read as follows:          (f)  Notwithstanding Chapter 551 or other law, if the joint   chairs of the committee are physically present at a meeting of the   committee located in Austin, then any number of the other members of   the committee may attend and participate in the meeting remotely by   use of telephone conference call, video conference call, or other   similar means of telecommunication. A member of the committee who   participates in a meeting remotely as provided by this subsection   is considered present for purposes of determining whether a quorum   is present, for purposes of voting, and for any other purpose that   allows a member of the committee to otherwise fully participate in a   meeting of the committee. This subsection applies:                (1)  only if a disaster has been declared for the first   time after the date of final adjournment of the most recent regular   session of the legislature and is currently in effect in this state   as the result of:                      (A)  a declaration by the president of the United   States under federal law; or                      (B)  a declaration or determination by a public   officer, governing body, or authority under Chapter 418 of this   code, Chapter 81, Health and Safety Code, or other law including the   Texas Constitution; and                (2)  regardless of the subject of the meeting or the   topics considered by the members.          (g)  A meeting held under Subsection (f) by use of telephone   conference call, video conference call, or other similar means of   telecommunication:                (1)  is subject to the notice requirements applicable   to other meetings of the committee;                (2)  must specify in the notice of the meeting the   location in Austin of the meeting at which the joint chairs will be   physically present;                (3)  must be open to the public and shall be audible to   the public at the location in Austin specified in the notice of the   meeting as the location of the meeting at which the joint chairs   will be physically present;                (4)  must provide two-way audio communication between   all members of the committee attending the meeting during the   entire meeting; and                (5)  if the two-way audio communication link with any   member attending the meeting is disrupted at any time, may not   continue until the two-way audio communication link is   reestablished.          SECTION 3.  Section 323.003, Government Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Notwithstanding Chapter 551 or other law, if the joint   chairs of the council are physically present at a meeting of the   council located in Austin, then any number of the other members of   the council may attend and participate in the meeting remotely by   use of telephone conference call, video conference call, or other   similar means of telecommunication. A member of the council who   participates in a meeting remotely as provided by this subsection   is considered present for purposes of determining whether a quorum   is present, for purposes of voting, and for any other purpose that   allows a member of the council to otherwise fully participate in a   meeting of the council. This subsection applies:                (1)  only if a disaster has been declared for the first   time after the date of final adjournment of the most recent regular   session of the legislature and is currently in effect in this state   as the result of:                      (A)  a declaration by the president of the United   States under federal law; or                      (B)  a declaration or determination by a public   officer, governing body, or authority under Chapter 418 of this   code, Chapter 81, Health and Safety Code, or other law including the   Texas Constitution; and                (2)  regardless of the subject of the meeting or the   topics considered by the members.          (f)  A meeting held under Subsection (e) by use of telephone   conference call, video conference call, or other similar means of   telecommunication:                (1)  is subject to the notice requirements applicable   to other meetings of the council;                (2)  must specify in the notice of the meeting the   location in Austin of the meeting at which the joint chairs will be   physically present;                (3)  must be open to the public and shall be audible to   the public at the location in Austin specified in the notice of the   meeting as the location of the meeting at which the joint chairs   will be physically present;                (4)  must provide two-way audio communication between   all members of the council attending the meeting during the entire   meeting; and                (5)  if the two-way audio communication link with any   member attending the meeting is disrupted at any time, may not   continue until the two-way audio communication link is   reestablished.          SECTION 4.  Section 324.004, Government Code, is amended by   adding Subsections (e) and (f) to read as follows:          (e)  Notwithstanding Chapter 551 or other law, if the joint   chairs of the board are physically present at a meeting of the board   located in Austin, then any number of the other members of the board   may attend and participate in the meeting remotely by use of   telephone conference call, video conference call, or other similar   means of telecommunication. A member of the board who participates   in a meeting remotely as provided by this subsection is considered   present for purposes of determining whether a quorum is present,   for purposes of voting, and for any other purpose that allows a   member of the board to otherwise fully participate in a meeting of   the board. This subsection applies:                (1)  only if a disaster has been declared for the first   time after the date of final adjournment of the most recent regular   session of the legislature and is currently in effect in this state   as the result of:                      (A)  a declaration by the president of the United   States under federal law; or                      (B)  a declaration or determination by a public   officer, governing body, or authority under Chapter 418 of this   code, Chapter 81, Health and Safety Code, or other law including the   Texas Constitution; and                (2)  regardless of the subject of the meeting or the   topics considered by the members.          (f)  A meeting held under Subsection (e) by use of telephone   conference call, video conference call, or other similar means of   telecommunication:                (1)  is subject to the notice requirements applicable   to other meetings of the board;                (2)  must specify in the notice of the meeting the   location in Austin of the meeting at which the joint chairs will be   physically present;                (3)  must be open to the public and shall be audible to   the public at the location in Austin specified in the notice of the   meeting as the location of the meeting at which the joint chairs   will be physically present;                (4)  must provide two-way audio communication between   all members of the board attending the meeting during the entire   meeting; and                (5)  if the two-way audio communication link with any   member attending the meeting is disrupted at any time, may not   continue until the two-way audio communication link is   reestablished.          SECTION 5.  Section 325.003, Government Code, is amended by   adding Subsections (l) and (m) to read as follows:          (l)  Notwithstanding Chapter 551 or other law, if the   chairman and vice-chairman of the commission are physically present   at a meeting of the commission located in Austin, then any number of   the other members of the commission may attend and participate in   the meeting remotely by use of telephone conference call, video   conference call, or other similar means of telecommunication. A   member of the commission who participates in a meeting remotely as   provided by this subsection is considered present for purposes of   determining whether a quorum is present, for purposes of voting,   and for any other purpose that allows a member of the commission to   otherwise fully participate in a meeting of the commission. This   subsection applies:                (1)  only if a disaster has been declared for the first   time after the date of final adjournment of the most recent regular   session of the legislature and is currently in effect in this state   as the result of:                      (A)  a declaration by the president of the United   States under federal law; or                      (B)  a declaration or determination by a public   officer, governing body, or authority under Chapter 418 of this   code, Chapter 81, Health and Safety Code, or other law including the   Texas Constitution; and                (2)  regardless of the subject of the meeting or the   topics considered by the members.          (m)  A meeting held under Subsection (l) by use of telephone   conference call, video conference call, or other similar means of   telecommunication:                (1)  is subject to the notice requirements applicable   to other meetings of the commission;                (2)  must specify in the notice of the meeting the   location in Austin of the meeting at which the chairman and   vice-chairman will be physically present;                (3)  must be open to the public and shall be audible to   the public at the location in Austin specified in the notice of the   meeting as the location of the meeting at which the chairman and   vice-chairman will be physically present;                (4)  must provide two-way audio communication between   all members of the commission attending the meeting during the   entire meeting; and                (5)  if the two-way audio communication link with any   member attending the meeting is disrupted at any time, may not   continue until the two-way audio communication link is   reestablished.          SECTION 6.  Section 326.001, Government Code, is amended to   read as follows:          Sec. 326.001.  DEFINITION. In this chapter, "legislative   agency":                (1)  means:                      (A) [(1)]  the senate;                      (B) [(2)]  the house of representatives;                      (C) [(3)]  a committee, division, department, or   office of the senate or house;                      (D) [(4)]  the Texas Legislative Council;                      (E) [(5)]  the Legislative Budget Board;                      (F) [(6)]  the Legislative Reference Library;                      (G) [(7)]  the office of the State Auditor; or                      (H) [(8)]  any other agency in the legislative   branch of state government; and                (2)  does not include the Texas Ethics Commission.          SECTION 7.  Section 326.002, Government Code, is amended by   adding Subsection (c) to read as follows:          (c)  The Texas Legislative Council may transfer money to   another legislative agency to cover expenses of the other agency   that the executive director of the council determines to be   necessary to further a purpose of the council.          SECTION 8.  Chapter 762, Government Code, is transferred to   Subtitle C, Title 3, Government Code, redesignated as Chapter 329,   Government Code, and amended to read as follows:   CHAPTER 329 [762]. COMMISSION ON UNIFORM STATE LAWS          Sec. 329.001 [762.001].  DEFINITIONS. In this chapter:                (1)  "Commission" means the Commission on Uniform State   Laws.                (2)  "National conference" means the National   Conference of Commissioners on Uniform State Laws.          Sec. 329.002 [762.002].  DUTIES OF COMMISSION. (a) The   commission shall:                (1)  promote the uniform judicial interpretation of all   uniform laws; and                (2)  before January 1 of each odd-numbered year, submit   a biennial report to the legislature that contains an account of the   commission's transactions and its advice and recommendations for   legislation.          (b)  The commission may supplement the report.          Sec. 329.003  [762.003].  COMPOSITION OF COMMISSION; TERMS.   (a) The commission is composed of:                (1)  nine members appointed by the governor;                (2)  two members appointed by the lieutenant governor,   who are members or officers of the senate;                (3)  two members appointed by the speaker of the house   of representatives, who are members or officers of the house of   representatives;                (4)  the chair of the standing committee of the senate   with primary jurisdiction over uniform state laws;                (5)  the chair of the standing committee of the house of   representatives with primary jurisdiction over uniform state laws;                (6)  the executive director of the Texas Legislative   Council or a person designated by the executive director; and                (7) [(3)]  in addition to the persons described by   Subdivisions (1) through (6) [and (2)], residents of this state who   have long service in the cause of uniformity in state legislation as   shown by:                      (A)  at least 20 years of service representing the   state as an associate member of the national conference;                      (B)  election as a life member of the national   conference; or                      (C)  at least 15 years of service as a member of   the commission and at least five years of combined service as a   judge or justice of a trial or appellate court of this state.          (b)  Appointments to the commission shall be made without   regard to the race, creed, sex, religion, or national origin of the   appointees.          (c)  Members appointed by the governor under Subsection   (a)(1) [Appointed members] serve staggered six-year terms, with the   terms of three members expiring September 30 of each even-numbered   year.          (d)  Members appointed by the lieutenant governor under   Subsection (a)(2) serve at the pleasure of the lieutenant governor.           (e)  Members appointed by the speaker of the house of   representatives under Subsection (a)(3) serve at the pleasure of   the speaker.          Sec. 329.004 [762.004].  ELIGIBILITY [FOR APPOINTMENT];   LOBBYIST RESTRICTION. (a) To be eligible for appointment to or   service on the commission, a person must be an attorney licensed to   practice law.          (b)  At least one of the commissioners, at the time of that   commissioner's appointment, must be a state judge.          (c)  At least one of the commissioners, at the time of that   commissioner's appointment, must be a legal educator.          (d)  A person required to register as a lobbyist under   Chapter 305 because of the person's activities for compensation in   or on behalf of a profession related to the operation of the   commission may not serve as a commissioner or act as general counsel   to the commission.          Sec. 329.005 [762.005].  DUTIES OF COMMISSIONERS. Each   commissioner shall:                (1)  promote uniformity in state laws in subject areas   in which uniformity is desirable and practicable; and                (2)  attend national conference meetings.          Sec. 329.006 [762.006].  VACANCY; EXPIRATION OF TERM. (a)   This section applies only to a commissioner appointed by the   governor.          (b)  The office of an appointed commissioner becomes vacant   on the death, resignation, failure or refusal to serve, or removal   of the commissioner.          (c) [(b)]  The governor shall fill a vacancy by appointing a   person to the commission for the unexpired term of the commissioner   vacating the office.          (d) [(c)]  On the vacancy or expiration of the term of office   of an appointed commissioner, the governor shall appoint a state   judge or legal educator if the appointment is required by Section   329.004(b) [762.004(b)] or (c).          Sec. 329.007 [762.008].  GROUNDS FOR REMOVAL. (a) It is a   ground for removal from the commission if a member:                (1)  did not have, at the time of appointment or   election, the qualifications required by Section 329.004   [762.004];                (2)  does not maintain the qualifications required by   Section 329.004 [762.004];                (3)  is prohibited from serving as a commissioner under   Section 329.004(d) [762.004(d)]; or                (4)  is ineligible to participate in activities of the   national conference.          (b)  The validity of an action of the commission is not   affected because it is taken when a member is subject to removal.          Sec. 329.008 [762.009].  MEETING AND ELECTION OF OFFICERS.   (a) The commission shall meet at least once every two years.          (b)  The commissioners shall elect a chair [chairman] and   secretary, who shall each hold office for a term of two years.          Sec. 329.009 [762.010].  COMPENSATION. A commissioner   serves without compensation but is entitled to be reimbursed for   reasonable expenses incurred in the performance of the   commissioner's duties.          Sec. 329.010 [762.011].  SUPPORT SERVICES. The Texas   Legislative Council shall provide accounting, clerical, and other   support services necessary for the commission to carry out its   duties.          SECTION 9.  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, 2021.