General Investigating Committee
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Committee info:
Committee Members
Jurisdiction:
Sec. 13. GENERAL INVESTIGATING (PROCEDURAL). (a) The
committee shall have five members of the house appointed by the
speaker. The speaker shall appoint the chair and the vice-chair of
the committee.
(b) The committee has all the powers and duties of a general
investigating committee and shall operate as the general
investigating committee of the house according to the procedures
prescribed by Subchapter B, Chapter 301, Government Code, and the
rules of the house, as applicable.
(b-1) The committee may begin work as soon as it desires
after its members are appointed. The committee 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, Government Code.
(b-2) Whether or not the legislature is in session, the
committee may meet at any time or place in the state determined
necessary by the committee.
(b-3) If the committee decides not to conduct joint hearings
as provided by Section 301.019, Government Code, the committee
shall establish a liaison to fully inform the chair of the senate
committee of the nature and progress of any inquiry by the other
committee.
(b-4) On a majority vote of the committee, the committee may
conduct joint hearings and investigations.
(b-5) The committee may:
(1) initiate or continue inquiries and hearings
concerning:
(A) state government;
(B) any agency or subdivision of government
within the state;
(C) the expenditure of public funds at any level
of government within the state; and
(D) any other matter the committee considers
necessary for the information of the legislature or for the welfare
and protection of state citizens; and
(2) 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.
(b-6) If a person disobeys a subpoena or other process that
the 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 Subchapter B, Chapter 301,
Government Code, or by other law.
(b-7) The committee shall make reports to members of the
legislature that the committee determines are necessary and
appropriate.
(b-8) Information held by the committee that if held by a
law enforcement agency or prosecutor would be excepted from the
requirements of Section 552.021, Government Code, under Section
552.108 of that code is confidential and not subject to public
disclosure.
(b-9) 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,
the committee may employ and compensate assistants to assist in any
investigation, audit, or legal matter.
(c) The committee may investigate a matter related to the
misconduct, malfeasance, misfeasance, abuse of office, or
incompetency of an individual or officer under Chapter 665,
Government Code. The committee has all the powers and duties
conferred by that chapter for the purpose of conducting the
investigation, including the authority to propose articles of
impeachment.
(d) The committee has original jurisdiction over the
receipt, processing, investigation, and resolution of complaints
related to appropriate workplace conduct under Rule 15, the
housekeeping resolution, and policies adopted by the Committee on
House Administration. If a complaint relates to the conduct of a
member of the committee, that member's employee, or an individual
related to the member or the member's employee within the third
degree by consanguinity or within the second degree by affinity as
determined under Chapter 573, Government Code:
(1) the member shall not participate in any committee
proceedings related to the complaint; and
(2) the speaker shall designate a member of the house
drawn by lot under Subsection (e) of this section to act in the
place of the disqualified member. The designation of a member under
this subsection ends when the committee makes its final disposition
of the complaint.
(e) When a member of the committee is disqualified under
Subsection (d) of this section, the chief clerk shall prepare a list
of the currently qualified members of the house, omitting the names
of the speaker, the disqualified member, each other member of the
committee, and any member elected from the same county as the
disqualified member. The chief clerk shall write on a separate
piece of paper of uniform size and color the name of each member
that appears on the prepared list. The chief clerk shall deposit
the pieces of paper in an opaque container that is designed to
permit the random distribution of the pieces of paper after their
initial deposit and to prevent the viewing of any of the pieces of
paper at any time. After the pieces of paper are randomly
distributed in the container, the sergeant-at-arms shall draw a
single piece of paper and deliver that piece of paper to the chief
clerk. The chief clerk shall inform the speaker of the name drawn
by the sergeant-at-arms for designation under Subsection (d).