Texas 2009 - 81st Regular

Texas House Bill HR2 Compare Versions

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1	1	H.R. No. 2
2	2
3	3
4	4	R E S O L U T I O N
5	5	BE IT RESOLVED by the House of Representatives of the State of
6	6	Texas, That the following are adopted as the permanent rules of the
7	7	House of Representatives of the 81st [80th] Legislature:
8	8	RULES OF
9	9	THE HOUSE OF REPRESENTATIVES
10	10	OF THE TEXAS LEGISLATURE
11	11	TABLE OF CONTENTS
12	12	RULE
13	13	1. DUTIES AND RIGHTS OF THE SPEAKER 2
14	14	2. EMPLOYEES 10
15	15	3. STANDING COMMITTEES 22
16	16	4. ORGANIZATION, POWERS, AND DUTIES OF
17	17	COMMITTEES 53
18	18	5. FLOOR PROCEDURE 87
19	19	6. ORDER OF BUSINESS AND CALENDARS 109
20	20	7. MOTIONS 127
21	21	8. BILLS 143
22	22	9. JOINT RESOLUTIONS 158
23	23	10. HOUSE RESOLUTIONS AND CONCURRENT
24	24	RESOLUTIONS 160
25	25	11. AMENDMENTS 163
26	26	12. PRINTING 171
27	27	13. INTERACTIONS WITH THE GOVERNOR
28	28	AND SENATE 175
29	29	14. GENERAL PROVISIONS 188
30	30	STATEMENT OF AUTHORIZATION AND PRECEDENCE
31	31	Pursuant to and under the authority of Section 11, Article
32	32	III, Texas Constitution, and notwithstanding any provision of
33	33	statute, the House of Representatives adopts the following rules to
34	34	govern its operations and procedures. The provisions of these
35	35	rules shall be deemed the only requirements binding on the House of
36	36	Representatives under Section 11, Article III, Texas Constitution,
37	37	notwithstanding any other requirements expressed in statute.
38	38	RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
39	39	CHAPTER A. DUTIES AS PRESIDING OFFICER
40	40	Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
41	41	enforce, apply, and interpret the rules of the house in all
42	42	deliberations of the house and shall enforce the legislative rules
43	43	prescribed by the statutes and the Constitution of Texas.
44	44	Sec. 2. CALL TO ORDER. The speaker shall take the chair on
45	45	each calendar day precisely at the hour to which the house adjourned
46	46	or recessed at its last sitting and shall immediately call the
47	47	members to order.
48	48	Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
49	49	shall lay before the house its business in the order indicated by
50	50	the rules and shall receive propositions made by members and put
51	51	them to the house.
52	52	Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
53	53	proposed legislation shall be referred by the speaker to an
54	54	appropriate standing or select committee with jurisdiction,
55	55	subject to correction by a majority vote of the house. A bill or
56	56	resolution may not be referred simultaneously to more than one
57	57	committee.
58	58	Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
59	59	shall preserve order and decorum. In case of disturbance or
60	60	disorderly conduct in the galleries or in the lobby, the speaker may
61	61	order that these areas be cleared. No signs, placards, or other
62	62	objects of similar nature shall be permitted in the rooms, lobby,
63	63	gallery, and hall of the house. The speaker shall see that the
64	64	members of the house conduct themselves in a civil manner in
65	65	accordance with accepted standards of parliamentary conduct and
66	66	may, when necessary, order the sergeant-at-arms to clear the aisles
67	67	and seat the members of the house so that business may be conducted
68	68	in an orderly manner.
69	69	Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
70	70	request of a member, the speaker may recognize persons in the
71	71	gallery. The speaker shall afford that recognition at a convenient
72	72	place in the order of business, considering the need for order and
73	73	decorum and the need for continuity of debate. The request must be
74	74	made on a form prescribed by the Committee on House Administration.
75	75	The speaker may recognize, at a time he or she considers appropriate
76	76	during floor proceedings, the person serving as physician of the
77	77	day.
78	78	Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
79	79	rise to put a question but may state it sitting. The question shall
80	80	be put substantially in this form: "The question occurs on
81	81	______" (here state the question or proposition under
82	82	consideration). "All in favor say 'Aye,'" and after the affirmative
83	83	vote is expressed, "All opposed say 'No.'" If the speaker is in
84	84	doubt as to the result, or if a division is called for, the house
85	85	shall divide: those voting in the affirmative on the question
86	86	shall register "Aye" on the voting machine, and those voting in the
87	87	negative on the question shall register "No." The decision of the
88	88	house on the question shall be printed in the journal and shall
89	89	include the yeas and nays if a record of the yeas and nays is
90	90	ordered in accordance with the rules.
91	91	Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
92	92	speaker shall have the same right as other members to vote. If the
93	93	speaker, or a member temporarily presiding, has not voted, he or she
94	94	may cast the deciding vote at the time such opportunity becomes
95	95	official, whether to make or break a tie. If a verification of the
96	96	vote is called for and granted, the decision of the speaker, or a
97	97	member temporarily presiding, to cast the deciding vote need not be
98	98	made until the verification has been completed. In case of error in
99	99	a vote, if the correction leaves decisive effect to the vote of the
100	100	speaker, or a member temporarily presiding, the deciding vote may
101	101	be cast even though the result has been announced.
102	102	Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
103	103	on all questions of order; however, such decisions are subject to an
104	104	appeal to the house made by any 10 members. Pending an appeal, the
105	105	speaker shall call a member to the chair, who shall not have the
106	106	authority to entertain or decide any other matter or proposition
107	107	until the appeal has first been determined by the house. The
108	108	question on appeal is, "Shall the chair be sustained?"
109	109	(b) No member shall speak more than once on an appeal unless
110	110	given leave by a majority of the house. No motion shall be in order,
111	111	pending an appeal, except a motion to adjourn, a motion to lay on
112	112	the table, a motion for the previous question, or a motion for a
113	113	call of the house. Responses to parliamentary inquiries and
114	114	decisions of recognition made by the chair may not be appealed,
115	115	except as provided by Rule 5, Section 24.
116	116	(c) Further consideration of the matter or proposition that
117	117	is the subject of a question of order is prohibited until the
118	118	speaker decides the question of order and any appeal of that
119	119	decision has been determined by the house. Consideration of any
120	120	other matter or proposition is also prohibited while a question of
121	121	order is pending, unless the question of order is temporarily
122	122	withdrawn and the matter or proposition that is the subject of the
123	123	question of order is postponed. Withdrawal of the question of order
124	124	does not prevent any member from raising that question of order when
125	125	the matter or proposition is again before the house.
126	126	Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
127	127	CHAIR. The speaker shall have the right to name any member to
128	128	perform the duties of the chair and may name a member to serve as
129	129	speaker pro tempore by delivering a written order to the chief clerk
130	130	and a copy to the journal clerk. A permanent speaker pro tempore
131	131	shall, in the absence or inability of the speaker, call the house to
132	132	order and perform all other duties of the chair in presiding over
133	133	the deliberations of the house and perform other duties and
134	134	exercise other responsibilities as may be assigned by the speaker.
135	135	If the house is not in session, and a permanent speaker pro tempore
136	136	has not been named, or if the speaker pro tempore is not available
137	137	or for any reason is not able to function, the speaker may deliver a
138	138	written order to the chief clerk, with a copy to the journal clerk,
139	139	naming the member who shall call the house to order and preside
140	140	during the speaker's absence. The speaker pro tempore shall serve
141	141	at the pleasure of the speaker.
142	142	Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
143	143	emergency of such compelling nature that the speaker must adjourn
144	144	the house without fixing a date and hour of reconvening, the speaker
145	145	shall have authority to determine the date and hour of reconvening
146	146	and to notify the members of the house by any means the speaker
147	147	considers adequate. Should the speaker be disabled or otherwise
148	148	unable to exercise these emergency powers, the permanent speaker
149	149	pro tempore, if one has been named, shall have authority to act. If
150	150	there is no permanent speaker pro tempore, or if that officer is
151	151	unable to act, authority shall be exercised by the chair of the
152	152	Committee on State Affairs, who shall preside until the house can
153	153	proceed to the selection of a temporary presiding officer to
154	154	function until the speaker or the speaker pro tempore is again able
155	155	to exercise the duties and responsibilities of the office.
156	156	Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
157	157	not in session, if the speaker determines that it would be a hazard
158	158	to the safety of the members, officers, employees, and others
159	159	attending the legislature to reconvene at the time determined by
160	160	the house at its last sitting, the speaker may clear the area of the
161	161	capitol under the control of the house and postpone the reconvening
162	162	of the house for a period of not more than 12 hours. On making that
163	163	determination, the speaker shall order the sergeant-at-arms to post
164	164	an assistant at each first floor entrance to the capitol and other
165	165	places and advise all persons entering of the determination and the
166	166	time set for the house to reconvene. The speaker shall also notify
167	167	the journal clerk and the news media of the action, and the action
168	168	shall be entered in the house journal.
169	169	Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
170	170	resolutions, and concurrent resolutions shall be signed by the
171	171	speaker in the presence of the house, as required by the
172	172	constitution; and all writs, warrants, and subpoenas issued by
173	173	order of the house shall be signed by the speaker and attested by
174	174	the chief clerk, or the person acting as chief clerk.
175	175	CHAPTER B. ADMINISTRATIVE DUTIES
176	176	Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
177	177	have general control, except as otherwise provided by law, of the
178	178	hall of the house, its lobbies, galleries, corridors, and passages,
179	179	and other rooms in those parts of the capitol assigned to the use of
180	180	the house; except that the hall of the house shall not be used for
181	181	any meeting other than legislative meetings during any regular or
182	182	special session of the legislature unless specifically authorized
183	183	by resolution.
184	184	Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
185	185	speaker shall designate the chair and vice-chair of each standing
186	186	substantive committee and shall also appoint membership of the
187	187	committee, subject to the provisions of Rule 4, Section 2.
188	188	(b) If members of equal seniority request the same
189	189	committee, the speaker shall decide which among them shall be
190	190	assigned to that committee.
191	191	(c) In announcing the membership of the standing
192	192	substantive committees, the speaker shall designate which are
193	193	appointees and which acquire membership by seniority.
194	194	(d) The speaker shall appoint the chair and vice-chair of
195	195	each standing procedural committee and the remaining membership of
196	196	the committee.
197	197	Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
198	198	COMMITTEES. (a) The speaker shall appoint all conference
199	199	committees. The speaker shall name the chair of each conference
200	200	committee, and may also name the vice-chair thereof.
201	201	(b) The speaker may at any time by proclamation create a
202	202	select committee. The speaker shall name the chair and vice-chair
203	203	thereof. A select committee has the jurisdiction, authority, and
204	204	duties and exists for the period of time specified in the
205	205	proclamation. A select committee has the powers granted by these
206	206	rules to a standing committee except as limited by the
207	207	proclamation. A copy of each proclamation creating a select
208	208	committee shall be filed with the chief clerk.
209	209	(c) If a new speaker is elected to fill a vacancy in the
210	210	office after the appointment of standing committees, the new
211	211	speaker may not alter the composition of any standing committee
212	212	before the end of the session, except that the new speaker may:
213	213	(1) vacate the new speaker's membership on any
214	214	committee;
215	215	(2) make committee appointments for the member who was
216	216	removed as speaker;
217	217	(3) designate a different member of a standing
218	218	committee as committee chair; and
219	219	(4) fill vacancies that occur on a committee.
220	220	Sec. 17. INTERIM STUDIES. When the legislature is not in
221	221	session, the speaker shall have the authority to direct committees
222	222	to make interim studies for such purposes as the speaker may
223	223	designate, and the committees shall meet as often as necessary to
224	224	transact effectively the business assigned to them. The speaker
225	225	shall provide to the chief clerk a copy of interim charges made to a
226	226	standing or select committee.
227	227	CHAPTER C. CAMPAIGNS FOR SPEAKER
228	228	Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
229	229	SESSION. During a regular session of the legislature a member may
230	230	not solicit written pledges from other members for their support of
231	231	or promise to vote for any person for the office of speaker.
232	232	RULE 2. EMPLOYEES
233	233	CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
234	234	Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
235	235	(1) be the custodian of all bills, resolutions, and
236	236	amendments;
237	237	(2) number in the order of their filing, with a
238	238	separate sequence for each category, all bills, joint resolutions,
239	239	concurrent resolutions, and house resolutions;
240	240	(3) provide for the keeping of a complete record of
241	241	introduction and action on all bills and resolutions, including the
242	242	number, author, brief description of the subject matter, committee
243	243	reference, and the time sequence of action taken on all bills and
244	244	resolutions to reflect at all times their status in the legislative
245	245	process;
246	246	(4) on the day of numbering a bill relating to a
247	247	conservation and reclamation district created under Article XVI,
248	248	Section 59, of the Texas Constitution, send two copies of the bill,
249	249	with two copies of the notice of intention to introduce the bill, to
250	250	the governor and notify the journal clerk of the action;
251	251	(5) receive the recommendations of the Texas
252	252	Commission on Environmental Quality on a bill forwarded to the
253	253	commission under Article XVI, Section 59, of the Texas
254	254	Constitution, attach them to the bill to which they apply, and
255	255	notify the journal clerk that the recommendations have been filed;
256	256	(6) forward to the committee chair a certified copy of
257	257	each legislative document referred to a committee along with
258	258	certified copies of all official attachments to the document;
259	259	(7) have printed and distributed correct copies of all
260	260	legislative documents, as provided in the subchapter on printing,
261	261	and keep an exact record of the date and hour of transmittal to the
262	262	printer, return from the printer, and distribution of the document
263	263	to members of the house with that information time-stamped on the
264	264	originals of the document;
265	265	(8) certify the passage of bills and resolutions,
266	266	noting on them the date of passage and the vote by which passed,
267	267	including the yeas and nays if a record of the yeas and nays is
268	268	ordered;
269	269	(9) be responsible for engrossing all house bills and
270	270	resolutions that have passed second reading and those that have
271	271	passed third reading, and for enrolling all house bills and
272	272	resolutions that have passed both houses.
273	273	All engrossed and enrolled documents shall be prepared
274	274	without erasures, interlineations, or additions in the margin.
275	275	House concurrent resolutions passed without amendment
276	276	shall not be engrossed but shall be certified and forwarded
277	277	directly to the senate.
278	278	Engrossed riders may be used in lieu of full engrossment
279	279	on second reading passage;
280	280	(10) be authorized to amend the caption to conform to
281	281	the body of each house bill and joint resolution ordered engrossed
282	282	or enrolled;
283	283	(11) be responsible for noting on each house bill or
284	284	joint resolution, for certification by the speaker of the house,
285	285	the lieutenant governor, the chief clerk of the house, and the
286	286	secretary of the senate, the following information:
287	287	(A) date of final passage, and the vote on final
288	288	passage, including the yeas and nays if a record of the yeas and
289	289	nays is ordered. If the bill was amended in the senate, this fact
290	290	shall also be noted;
291	291	(B) date of concurrence by the house in senate
292	292	amendments, and the vote on concurrence, including the yeas and
293	293	nays if a record of the yeas and nays is ordered;
294	294	(C) date of adoption by each house of a
295	295	conference committee report and the vote on adoption, including the
296	296	yeas and nays if a record of the yeas and nays is ordered;
297	297	(D) that a bill containing an appropriation was
298	298	passed subject to the provisions of Article III, Section 49a, of the
299	299	Texas Constitution; and
300	300	(E) that a concurrent resolution was adopted by
301	301	both houses directing the correction of an enrolled bill, if
302	302	applicable;
303	303	(12) transmit over signature all messages from the
304	304	house to the senate, including typewritten copies of amendments to
305	305	senate bills;
306	306	(13) prepare copies of senate amendments to house
307	307	bills for the journal before the amendments and the bill or
308	308	resolution to which they relate are sent to the printer or to the
309	309	speaker;
310	310	(14) notify the speaker in writing that the senate did
311	311	not concur in house amendments to a bill or resolution and requests
312	312	a conference committee, and include in this notice the names of the
313	313	senate conferees;
314	314	(15) provide a certified copy of a house bill or
315	315	resolution which may be lost showing each parliamentary step taken
316	316	on the bill; and
317	317	(16) request fiscal notes on house bills and joint
318	318	resolutions with senate amendments and distribute fiscal notes on
319	319	house bills and joint resolutions with senate amendments and
320	320	conference committee reports as required by Rule 13, Sections 5 and
321	321	10.
322	322	(b) The chief clerk shall also:
323	323	(1) attest all writs, warrants and subpoenas issued by
324	324	order of the house;
325	325	(2) [provide for issuance of an identification card to
326	326	each member and employee of the house;
327	327	[(3)] receive reports of select committees and forward
328	328	copies to the speaker and journal clerk;
329	329	(3) [(4)] not later than 30 days after the close of
330	330	each session, acquire from each of the various clerks of the house,
331	331	except the journal clerk, all reports, records, bills, papers, and
332	332	other documents remaining in their possession and file them with
333	333	the Legislative Reference Library, unless otherwise provided by
334	334	law;
335	335	(4) [(5)] receive and file all other documents
336	336	required by law or by the rules of the house;
337	337	(5) [(6)] prepare a roster of members in order of
338	338	seniority showing the number of years of service of each member, as
339	339	provided in Rule 4, Section 2; and
340	340	(6) [(7)] have printed and distributed the list of
341	341	Items Eligible for Consideration as required by the rules.
342	342	(c) The chief clerk shall also provide for the following to
343	343	be made available on the electronic legislative information system
344	344	at the same time that the corresponding copies are placed in the
345	345	members' newspaper mailboxes:
346	346	(1) all house calendars and lists of items eligible
347	347	for consideration and the time-stamp information for those
348	348	calendars and lists; and
349	349	(2) the time-stamp information for all official
350	350	printings of bills and resolutions.
351	351	Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
352	352	(1) keep a journal of the proceedings of the house,
353	353	except when the house is acting as a committee of the whole, and
354	354	enter the following:
355	355	(A) the number, author, and caption of every bill
356	356	introduced;
357	357	(B) descriptions of all congratulatory and
358	358	memorial resolutions on committee report, motions, amendments,
359	359	questions of order and decisions on them, messages from the
360	360	governor, and messages from the senate;
361	361	(C) the summaries of congratulatory and memorial
362	362	resolutions, as printed on the congratulatory and memorial
363	363	calendar;
364	364	(D) the number of each bill, joint resolution,
365	365	and concurrent resolution signed in the presence of the house;
366	366	(E) a listing of reports made by standing
367	367	committees;
368	368	(F) reports of select committees, when ordered by
369	369	the house;
370	370	(G) every vote where a record of the yeas and
371	371	nays is ordered or registration of the house with a concise
372	372	statement of the action and the result;
373	373	(H) the names of all absentees, both excused and
374	374	not excused;
375	375	(I) senate amendments to house bills or
376	376	resolutions, when concurred in by the house;
377	377	(J) the date each bill is transmitted to the
378	378	governor;
379	379	(K) the date recommendations of the Texas
380	380	Commission on Environmental Quality on each bill subject to Article
381	381	XVI, Section 59, of the Texas Constitution, are filed with the chief
382	382	clerk;
383	383	(L) all pairs as a part of a vote where a record
384	384	of the yeas and nays is ordered;
385	385	(M) reasons for a vote;
386	386	(N) the vote of a member on any question where a
387	387	record of the yeas and nays has not been ordered;
388	388	(O) the statement of a member who was absent when
389	389	a vote was taken indicating how the member would have voted; and
390	390	(P) official state documents, reports, and other
391	391	matters, when ordered by the house;
392	392	(2) prepare a daily journal for each calendar day that
393	393	the house is in session and distribute [copies to the members of the
394	394	house] on the succeeding calendar day or the earliest possible date
395	395	copies to the members of the house who have submitted requests to
396	396	the journal clerk to receive a copy; and
397	397	(3) prepare and have printed a permanent house journal
398	398	of regular and special sessions in accordance with the law and the
399	399	following provisions:
400	400	(A) When completed, no more than 300 copies shall
401	401	be bound and distributed as follows:
402	402	(i) one copy to each member of the house of
403	403	representatives who submitted a request to the journal clerk to
404	404	receive a copy;
405	405	(ii) one copy to each member of the senate
406	406	who submitted a request to the journal clerk to receive a copy; and
407	407	(iii) the remainder of the copies to be
408	408	distributed by the Committee on House Administration.
409	409	(B) The journal clerk shall not receive or
410	410	receipt for the permanent house journal until it has been correctly
411	411	published.
412	412	(b) The journal clerk shall lock the voting machine of each
413	413	member who is excused or who is otherwise known to be absent when
414	414	the house is in session until the member personally requests that
415	415	the machine be unlocked.
416	416	Sec. 3. READING CLERKS. The reading clerks, under the
417	417	supervision of the speaker, shall:
418	418	(1) call the roll of the house in alphabetical order
419	419	when ordered to do so by the speaker; and
420	420	(2) read all bills, resolutions, motions, and other
421	421	matters required by the rules or directed by the speaker.
422	422	Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
423	423	(1) under the direction of the speaker, have charge of
424	424	and maintain order in the hall of the house, its lobbies and
425	425	galleries, and all other rooms in the capitol assigned for the use
426	426	of the house of representatives;
427	427	(2) attend the house and the committee of the whole
428	428	during all meetings and maintain order under the direction of the
429	429	speaker or other presiding officer;
430	430	(3) execute the commands of the house and serve the
431	431	writs and processes issued by the authority of the house and
432	432	directed by the speaker;
433	433	(4) supervise assistants to the sergeant-at-arms who
434	434	shall aid in the performance of prescribed duties and have the same
435	435	authority, subject to the control of the speaker;
436	436	(5) clear the floor of the house of all persons not
437	437	entitled to the privileges of the floor at least 30 minutes prior to
438	438	the convening of each session of the house;
439	439	(6) bring in absent members when so directed under a
440	440	call of the house;
441	441	(7) not allow the distribution of any printed matter
442	442	in the hall of the house, other than newspapers that have been
443	443	published at least once a week for a period of one year, unless it
444	444	first has been authorized in writing by at least one member of the
445	445	house and the name of the member appears on the printed matter. The
446	446	sergeant-at-arms shall refuse to accept for distribution any
447	447	printed matter which does not bear the name of the member or members
448	448	authorizing the distribution;
449	449	(8) keep a copy of written authorization and a record
450	450	of the matter distributed in the permanent files of the house;
451	451	(9) enforce parking regulations applicable to areas of
452	452	the capitol complex under the control of the house and supervise
453	453	parking attendants; [and]
454	454	(10) provide for issuance of an identification card to
455	455	each member and employee of the house; and
456	456	(11) supervise the doorkeeper.
457	457	Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
458	458	of the sergeant-at-arms, shall:
459	459	(1) enforce strictly the rules of the house relating
460	460	to privileges of the floor and perform other duties as directed by
461	461	the speaker;
462	462	(2) close the main entrance and permit no member to
463	463	leave the house without written permission from the speaker when a
464	464	call of the house or a call of the committee of the whole is ordered,
465	465	take up permission cards as members leave the hall, and take up
466	466	permission cards of those who are admitted to the floor of the house
467	467	under the rules and practice of the house;
468	468	(3) obtain recognition from the speaker and announce a
469	469	messenger from the governor or the senate on arrival at the bar of
470	470	the house; and
471	471	(4) obtain recognition from the speaker and announce
472	472	the arrival of the governor or the senate on arrival at the bar of
473	473	the house for official proceedings in the house.
474	474	Sec. 6. CHAPLAIN. The chaplain shall open the first
475	475	session on each calendar day with a prayer and shall perform such
476	476	other duties as directed by the Committee on House Administration.
477	477	Sec. 7. VOTING CLERK. The voting clerk, under the
478	478	supervision of the speaker, shall:
479	479	(1) open and close the voting machine on registrations
480	480	and record votes as ordered by the speaker;
481	481	(2) record votes from the floor as directed by the
482	482	speaker;
483	483	(3) prepare official copies of all record votes for
484	484	the journal; and
485	485	(4) make no additions, subtractions, or other changes
486	486	in any registration or record vote unless specifically granted
487	487	permission by the house or directed by the speaker prior to the
488	488	announcement of the final result[; and
489	489	[(5) lock the voting machine of each member who is
490	490	excused or who is otherwise known to be absent when the house is in
491	491	session until the member personally requests that the machine be
492	492	unlocked].
493	493	Sec. 8. COMMITTEE COORDINATOR. The committee coordinator
494	494	shall:
495	495	(1) under the direction of the Committee on House
496	496	Administration, prepare a schedule for regular meetings of all
497	497	standing committees as provided by Rule 4, Section 8(a);
498	498	(2) post committee meeting notices, as directed by the
499	499	chair of a committee, in accordance with Rule 4, Section 11(a);
500	500	(3) maintain duplicate originals of committee minutes
501	501	as required by Rule 4, Sections 18(c) and (d);
502	502	(4) maintain sworn statements [from witnesses
503	503	appearing before committees] and, under the direction of the
504	504	Committee on House Administration, prescribe the form of those
505	505	statements, as required by Rule 4, Sections 20(a) and (c);
506	506	(5) receive and forward impact statements as required
507	507	by Rule 4, Section 34(e);
508	508	(6) receive committee reports as required by Rule 4,
509	509	Section 37, and refer them for printing as provided by Rule 6,
510	510	Section 19; and
511	511	(7) receive and distribute the recommendations and
512	512	final reports of interim study committees as provided by Rule 4,
513	513	Section 61.
514	514	Sec. 9. PARLIAMENTARIAN. (a) The parliamentarian is an
515	515	officer of the house who serves at the pleasure of the speaker. The
516	516	parliamentarian shall advise and assist the presiding officer and
517	517	the members of the house on matters of procedure. The
518	518	parliamentarian has a duty of confidentiality to the speaker and to
519	519	each member of the house and shall keep confidential all requests
520	520	made by members of the house for advice or guidance regarding
521	521	procedure unless the parties otherwise agree.
522	522	(b) After the initial appointment of a parliamentarian by
523	523	the speaker, the appointment of a new parliamentarian to fill a
524	524	vacancy must be approved by a majority of the membership of the
525	525	house if the appointment is made during a regular or special
526	526	session. If the appointment to fill the vacancy is made when the
527	527	house is not in session, the appointment must be approved by a
528	528	majority of the membership not later than the third day of the first
529	529	special session that occurs after the date the appointment is made.
530	530	If no special session occurs after the appointment, approval by the
531	531	membership is not required.
532	532	(c) In the event of a conflict between this section and the
533	533	housekeeping resolution, this section controls.
534	534	CHAPTER B. OTHER EMPLOYEES
535	535	Sec. 10 [9]. LEGISLATIVE COUNCIL EMPLOYEES:
536	536	CONFIDENTIALITY. (a) Communications between an attorney employed
537	537	by the Texas Legislative Council and the speaker, another member of
538	538	the house, or an employee of a member or committee of the house are
539	539	confidential in accordance with the rules and laws concerning
540	540	attorney-client privilege.
541	541	(b) Communications between any employee of the Texas
542	542	Legislative Council and the speaker, another member of the house,
543	543	or an employee of a member or committee of the house are
544	544	confidential. The General Investigating and Ethics Committee of
545	545	the House may investigate an alleged violation of this subsection.
546	546	(c) This section does not prohibit the speaker, member, or
547	547	committee from waiving a privilege as otherwise permitted by law or
548	548	from waiving confidentiality under this section.
549	549	RULE 3. STANDING COMMITTEES
550	550	Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
551	551	have nine [seven] members, with jurisdiction over all matters
552	552	pertaining to:
553	553	(1) agriculture, horticulture, and farm husbandry;
554	554	(2) livestock and stock raising, and the livestock
555	555	industry;
556	556	(3) the development and preservation of forests, and
557	557	the regulation, control, and promotion of the lumber industry;
558	558	(4) problems and issues particularly affecting rural
559	559	areas of the state; and
560	560	(5) the following state agencies: the Department of
561	561	Agriculture, the Texas Animal Health Commission, the State Soil and
562	562	Water Conservation Board, the Texas Forest Service, the Office of
563	563	South Central Interstate Forest Fire Protection Compact, the Office
564	564	of Chief Apiary Inspector, [the] Texas AgriLife Research
565	565	[Agricultural Experiment Station], the Texas AgriLife
566	566	[Agricultural] Extension Service, the Food and Fibers Research
567	567	Council, the State Seed and Plant Board, the State Board of
568	568	Veterinary Medical Examiners, the Texas Veterinary Medical
569	569	Diagnostic Laboratory, the Produce Recovery Fund Board, [the Texas
570	570	Structural Pest Control Board,] the board of directors of the Texas
571	571	Boll Weevil Eradication Foundation, Inc., the Office of Rural
572	572	Community Affairs, and the Texas Wildlife Damage Management
573	573	Service.
574	574	Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
575	575	[29] members, with jurisdiction over:
576	576	(1) all bills and resolutions appropriating money from
577	577	the state treasury;
578	578	(2) all bills and resolutions containing provisions
579	579	resulting in automatic allocation of funds from the state treasury;
580	580	(3) all matters related to federal economic stimulus
581	581	legislation, including, without limitation, the American Recovery
582	582	and Reinvestment Act of 2009;
583	583	(4) [(3)] all bills and resolutions diverting funds
584	584	from the state treasury or preventing funds from going in that
585	585	otherwise would be placed in the state treasury; and
586	586	(5) [(4)] all matters pertaining to claims and
587	587	accounts filed with the legislature against the state unless
588	588	jurisdiction over those bills and resolutions is specifically
589	589	granted by these rules to some other standing committee.
590	590	(b) The appropriations committee may comment upon any bill
591	591	or resolution containing a provision resulting in an automatic
592	592	allocation of funds.
593	593	Sec. 3. BORDER AND INTERGOVERNMENTAL AFFAIRS [AND
594	594	INTERNATIONAL AFFAIRS]. The committee shall have nine [seven]
595	595	members, with jurisdiction over all matters pertaining to:
596	596	(1) the relations between the State of Texas and other
597	597	nations;
598	598	(2) the relations between the State of Texas and the
599	599	federal government other than matters involving defense, emergency
600	600	preparedness, and veterans issues;
601	601	(3) the relations between the State of Texas and other
602	602	states of the United States;
603	603	(4) international commerce and trade;
604	604	(5) [(3)] international and border regions (as
605	605	described in Sections 2056.002(e)(2) and (3), Government Code)
606	606	economic development, public health and safety issues affecting the
607	607	border, tourist development, and goodwill, and economic
608	608	development, tourist development, and goodwill in other areas of
609	609	the state that have experienced a significant increase in the
610	610	percentage of the population that consists of immigrants from other
611	611	nations, according to the last two federal decennial censuses or
612	612	another reliable measure; [and]
613	613	(6) [(4)] the provision of public services to persons
614	614	residing in proximity to Texas' international border or in other
615	615	areas of the state that have experienced a significant increase in
616	616	the percentage of the population that consists of immigrants from
617	617	other nations, according to the last two federal decennial censuses
618	618	or another reliable measure; and
619	619	(7) the following state agency: the Office of
620	620	State-Federal Relations.
621	621	Sec. 4. BUSINESS AND INDUSTRY. The committee shall have 11
622	622	[nine] members, with jurisdiction over all matters pertaining to:
623	623	(1) industry and manufacturing;
624	624	(2) industrial safety and adequate and safe working
625	625	conditions, and the regulation and control of those conditions;
626	626	(3) hours, wages, collective bargaining, and the
627	627	relationship between employers and employees;
628	628	(4) the regulation of business transactions and
629	629	transactions involving property interests;
630	630	(5) the organization, incorporation, management, and
631	631	regulation of private corporations and professional associations
632	632	and the Uniform Commercial Code and the Texas Revised Limited
633	633	Partnership Act;
634	634	(6) the protection of consumers, governmental
635	635	regulations incident thereto, the agencies of government
636	636	authorized to regulate such activities, and the role of the
637	637	government in consumer protection;
638	638	(7) privacy and identity theft;
639	639	(8) homeowners' associations; [and]
640	640	(9) oversight and regulation of the construction
641	641	industry; and
642	642	(10) the following state agencies: the State Office of
643	643	Risk Management, the Risk Management Board, the Division of
644	644	Workers' Compensation of the Texas Department of Insurance, the
645	645	workers' compensation research and evaluation group in the Texas
646	646	Department of Insurance, the Office of Injured Employee Counsel,
647	647	including the ombudsman program of that office, [and] the Texas
648	648	Mutual Insurance Company Board of Directors, and the Texas
649	649	Residential Construction Commission.
650	650	Sec. 5. CALENDARS (PROCEDURAL). The committee shall have
651	651	13 [11] members, with jurisdiction over:
652	652	(1) the placement of bills and resolutions on
653	653	appropriate calendars, except those within the jurisdiction of the
654	654	Committee on Rules and Resolutions;
655	655	(2) the determination of priorities and proposal of
656	656	rules for floor consideration of such bills and resolutions; and
657	657	(3) all other matters concerning the calendar system
658	658	and the expediting of the business of the house as may be assigned
659	659	by the speaker.
660	660	Sec. 6 [7]. CORRECTIONS. The committee shall have 11
661	661	[seven] members, with jurisdiction over all matters pertaining to:
662	662	(1) the incarceration and rehabilitation of convicted
663	663	felons;
664	664	(2) the establishment and maintenance of programs that
665	665	provide alternatives to incarceration;
666	666	(3) the commitment and rehabilitation of youths;
667	667	(4) the construction, operation, and management of
668	668	correctional facilities of the state and facilities used for the
669	669	commitment and rehabilitation of youths; [and]
670	670	(5) juvenile delinquency and gang violence;
671	671	(6) criminal law, prohibitions, standards, and
672	672	penalties as applied to juveniles;
673	673	(7) criminal procedure in the courts of Texas as it
674	674	relates to juveniles; and
675	675	(8) [(5)] the following state agencies: the Texas
676	676	Department of Criminal Justice, the Special Prosecution Unit, the
677	677	Board of Pardons and Paroles, the Texas Youth Commission, the
678	678	Office of Independent Ombudsman of the Texas Youth Commission, the
679	679	Council on Sex Offender Treatment, the Texas Correctional Office on
680	680	Offenders with Medical or Mental Impairments, the Texas Juvenile
681	681	Probation Commission, the Advisory Council on Juvenile Services,
682	682	and the Private Sector Prison Industries Oversight Authority [, and
683	683	the Criminal Justice Policy Council].
684	684	Sec. 7 [8]. COUNTY AFFAIRS. The committee shall have nine
685	685	members, with jurisdiction over all matters pertaining to:
686	686	(1) counties, including their organization, creation,
687	687	boundaries, government, and finance and the compensation and duties
688	688	of their officers and employees;
689	689	(2) establishing districts for the election of
690	690	governing bodies of counties;
691	691	(3) regional councils of governments;
692	692	(4) multicounty boards or commissions;
693	693	(5) relationships or contracts between counties;
694	694	(6) other units of local government; and
695	695	(7) the following state agency: the Commission on Jail
696	696	Standards.
697	697	Sec. 8 [9]. CRIMINAL JURISPRUDENCE. The committee shall
698	698	have 11 [nine] members, with jurisdiction over all matters
699	699	pertaining to:
700	700	(1) criminal law, prohibitions, standards, and
701	701	penalties;
702	702	(2) probation and parole;
703	703	(3) criminal procedure in the courts of Texas;
704	704	(4) revision or amendment of the Penal Code; and
705	705	(5) the following state agencies: the Office of State
706	706	Prosecuting Attorney and the Texas State Council for Interstate
707	707	Adult Offender Supervision.
708	708	Sec. 9 [10]. CULTURE, RECREATION, AND TOURISM. The
709	709	committee shall have nine [seven] members, with jurisdiction over:
710	710	(1) the creation, operation, and control of state
711	711	parks, including the development, maintenance, and operation of
712	712	state parks in connection with the sales and use tax imposed on
713	713	sporting goods, but not including any matter within the
714	714	jurisdiction of the Committee on Appropriations;
715	715	(2) the regulation and control of the propagation and
716	716	preservation of wildlife and fish in the state;
717	717	(3) the development and regulation of the fish and
718	718	oyster industries of the state;
719	719	(4) hunting and fishing in the state, and the
720	720	regulation and control thereof, including the imposition of fees,
721	721	fines, and penalties relating to that regulation;
722	722	(5) the regulation of other recreational activities;
723	723	(6) cultural resources and their promotion,
724	724	development, and regulation;
725	725	(7) historical resources and their promotion,
726	726	development, and regulation;
727	727	(8) promotion and development of Texas' image and
728	728	heritage;
729	729	(9) preservation and protection of Texas' shrines,
730	730	monuments, and memorials;
731	731	(10) international and interstate tourist promotion
732	732	and development;
733	733	(11) the Texas Economic Development and Tourism Office
734	734	as it relates to the subject-matter jurisdiction of this committee;
735	735	(12) the Gulf States Marine Fisheries Compact; and
736	736	(13) the following state agencies: the Parks and
737	737	Wildlife Department, the Texas Commission on the Arts, the State
738	738	Cemetery Committee, the Texas State Library and Archives
739	739	Commission, the Texas Historical Commission, the State
740	740	Preservation Board, the San Jacinto Historical Advisory Board, and
741	741	an office of state government to the extent the office promotes the
742	742	Texas music industry.
743	743	Sec. 10. DEFENSE AND VETERANS' AFFAIRS. The committee
744	744	shall have nine members, with jurisdiction over all matters
745	745	pertaining to:
746	746	(1) the relations between the State of Texas and the
747	747	federal government involving defense, emergency preparedness, and
748	748	veterans issues;
749	749	(2) the various branches of the military service of
750	750	the United States;
751	751	(3) the realignment or closure of military bases;
752	752	(4) the defense of the state and nation, including
753	753	terrorism response;
754	754	(5) emergency preparedness;
755	755	(6) veterans of military and related services; and
756	756	(7) the following state agencies: the Adjutant
757	757	General's Department, the Texas Veterans Commission, the Veterans'
758	758	Land Board, the Texas Military Preparedness Commission, the
759	759	Division of Emergency Management, and the Emergency Management
760	760	Council.
761	761	[Sec. 11. DEFENSE AFFAIRS AND STATE-FEDERAL RELATIONS. The
762	762	committee shall have nine members, with jurisdiction over all
763	763	matters pertaining to:
764	764	[(1) the relations between the State of Texas and the
765	765	federal government;
766	766	[(2) the relations between the State of Texas and
767	767	other sovereign states of the United States;
768	768	[(3) the various branches of the military service of
769	769	the United States;
770	770	[(4) the realignment or closure of military bases;
771	771	[(5) the defense of the state and nation, including
772	772	terrorism response;
773	773	[(6) emergency preparedness;
774	774	[(7) veterans of military and related services; and
775	775	[(8) the following state agencies: the Office of
776	776	State-Federal Relations, the Texas Military Facilities Commission,
777	777	the Adjutant General's Department, the Texas Veterans Commission,
778	778	the Veterans' Land Board, the Texas Military Preparedness
779	779	Commission, the Division of Emergency Management, and the Emergency
780	780	Management Council.
781	781	[Sec. 12. ECONOMIC DEVELOPMENT. The committee shall have
782	782	seven members, with jurisdiction over all matters pertaining to:
783	783	[(1) commerce, trade, and manufacturing;
784	784	[(2) economic and industrial development;
785	785	[(3) job creation and job-training programs;
786	786	[(4) hours, wages, collective bargaining, and the
787	787	relationship between employers and employees;
788	788	[(5) unemployment compensation, including coverage,
789	789	benefits, taxes, and eligibility;
790	790	[(6) boiler inspection and safety standards and
791	791	regulation;
792	792	[(7) labor unions and their organization, control,
793	793	management, and administration;
794	794	[(8) weights and measures;
795	795	[(9) advances in science and technology, including
796	796	telecommunications, electronic technology, and automated data
797	797	processing;
798	798	[(10) the promotion of scientific research,
799	799	technological development, and technology transfer in the state;
800	800	[(11) matters relating to cooperation of state and
801	801	local governments with the scientific and technological community,
802	802	which includes industry, the universities, and federal
803	803	governmental laboratories; and
804	804	[(12) the following state agencies: the Texas
805	805	Economic Development and Tourism Office, the Texas Emerging
806	806	Technology Committee, the Texas Workforce Commission, the Texas
807	807	Workforce Investment Council, and the Texas National Research
808	808	Laboratory Commission.]
809	809	Sec. 11 [13]. ELECTIONS. The committee shall have nine
810	810	[seven] members, with jurisdiction over all matters pertaining to:
811	811	(1) the right of suffrage in Texas;
812	812	(2) primary, special, and general elections;
813	813	(3) revision, modification, amendment, or change of
814	814	the Election Code;
815	815	(4) the secretary of state in relation to elections;
816	816	(5) campaign finance;
817	817	(6) the duties and conduct of candidates for public
818	818	office and of persons with an interest in influencing public
819	819	policy; and
820	820	(7) the following state agencies: the Office of the
821	821	Secretary of State and the Texas Ethics Commission.
822	822	Sec. 12 [14]. ENERGY RESOURCES. The committee shall have
823	823	nine [seven] members, with jurisdiction over all matters pertaining
824	824	to:
825	825	(1) the conservation of the energy resources of Texas;
826	826	(2) the production, regulation, transportation, and
827	827	development of oil, gas, and other energy resources;
828	828	(3) mining and the development of mineral deposits
829	829	within the state;
830	830	(4) the leasing and regulation of mineral rights under
831	831	public lands;
832	832	(5) pipelines, pipeline companies, and all others
833	833	operating as common carriers in the state;
834	834	(6) electric utility regulation as it relates to
835	835	energy production and consumption; [and]
836	836	(7) identifying, developing, and using alternative
837	837	energy sources;
838	838	(8) increasing energy efficiency throughout the
839	839	state; and
840	840	(9) [(7)] the following state agencies: the Railroad
841	841	Commission of Texas, the Office of Interstate Oil Compact
842	842	Commissioner for Texas, the Office of Interstate Mining Compact
843	843	Commissioner for Texas, the Texas Energy Coordination Council, the
844	844	State Energy Conservation Office, and the Office of Southern States
845	845	Energy Board Member for Texas.
846	846	Sec. 13 [15]. ENVIRONMENTAL REGULATION. The committee
847	847	shall have nine [seven] members, with jurisdiction over all matters
848	848	pertaining to:
849	849	(1) air, land, and water pollution, including the
850	850	environmental regulation of industrial development;
851	851	(2) the regulation of waste disposal;
852	852	(3) environmental matters that are regulated by the
853	853	Department of State Health Services or the Texas Commission on
854	854	Environmental Quality;
855	855	(4) oversight of the Texas Commission on Environmental
856	856	Quality as it relates to environmental regulation; and
857	857	(5) the following state agencies: the Texas
858	858	Low-Level Radioactive Waste Disposal Compact Commission and the
859	859	board of the Texas Environmental Education Partnership Fund.
860	860	Sec. 14 [17]. GENERAL INVESTIGATING AND ETHICS
861	861	(PROCEDURAL). (a) The General Investigating and Ethics Committee
862	862	shall have five members of the house appointed by the speaker. The
863	863	speaker shall appoint the chair and the vice-chair of the
864	864	committee.
865	865	(b) The committee has all the powers and duties of a general
866	866	investigating committee and shall operate as the general
867	867	investigating committee of the house according to the procedures
868	868	prescribed by Subchapter B, Chapter 301, Government Code, and the
869	869	rules of the house, as applicable.
870	870	(c) The committee has jurisdiction over all matters
871	871	pertaining to the conduct of and ethical standards applicable to
872	872	state and local government officers and employees.
873	873	[Sec. 18. GOVERNMENT REFORM. The committee shall have
874	874	seven members, with jurisdiction over all matters pertaining to:
875	875	[(1) the organization, operation, powers,
876	876	regulations, and management of state departments, agencies,
877	877	institutions, and advisory committees;
878	878	[(2) elimination of inefficiencies in the provision of
879	879	state services; and
880	880	[(3) the following state agencies: the Texas Incentive
881	881	and Productivity Commission and the Sunset Advisory Commission.]
882	882	Sec. 15 [19]. HIGHER EDUCATION. The committee shall have
883	883	nine members, with jurisdiction over all matters pertaining to:
884	884	(1) education beyond high school;
885	885	(2) the colleges and universities of the State of
886	886	Texas; and
887	887	(3) the following state agencies: the Texas
888	888	Engineering Experiment Station, the Texas Engineering Extension
889	889	Service, the Texas Higher Education Coordinating Board, the Texas
890	890	Guaranteed Student Loan Corporation, the State Medical Education
891	891	Board, the Prepaid Higher Education Tuition Board, and the Texas
892	892	Transportation Institute.
893	893	Sec. 16 [20]. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
894	894	committee shall have 11 members, with jurisdiction over:
895	895	(1) administrative operation of the house and its
896	896	employees;
897	897	(2) the general house fund, with full control over all
898	898	expenditures from the fund;
899	899	(3) all property, equipment, and supplies obtained by
900	900	the house for its use and the use of its members;
901	901	(4) all office space available for the use of the house
902	902	and its members;
903	903	(5) the assignment of vacant office space, vacant
904	904	parking spaces, and vacant desks on the house floor to members with
905	905	seniority based on cumulative years of service in the house, except
906	906	that the committee may make these assignments based on physical
907	907	disability of a member where it deems proper;
908	908	(6) all admissions to the floor during sessions of the
909	909	house;
910	910	(7) all proposals to invite nonmembers to appear
911	911	before or address the house or a joint session;
912	912	(8) all radio broadcasting and televising, live or
913	913	recorded, of sessions of the house;
914	914	(9) the electronic recording of the proceedings of the
915	915	house of representatives and the custody of the recordings of
916	916	testimony before house committees, with authority to promulgate
917	917	reasonable rules, regulations, and conditions concerning the
918	918	safekeeping, reproducing, and transcribing of the recordings, and
919	919	the defraying of costs for transcribing the recordings, subject to
920	920	other provisions of these rules;
921	921	(10) all witnesses appearing before the house or any
922	922	committee thereof in support of or in opposition to any pending
923	923	legislative proposal; and
924	924	(11) the following state agency: the State
925	925	Preservation Board.
926	926	(b) The committee must vote to adopt the annual budget for
927	927	each house department.
928	928	Sec. 17 [21]. HUMAN SERVICES. The committee shall have
929	929	nine members, with jurisdiction over all matters pertaining to:
930	930	(1) welfare and rehabilitation programs and their
931	931	development, administration, and control;
932	932	(2) oversight of the Health and Human Services
933	933	Commission as it relates to the subject matter jurisdiction of this
934	934	committee;
935	935	(3) mental retardation and the development of programs
936	936	incident thereto;
937	937	(4) the prevention and treatment of mental
938	938	retardation; and
939	939	(5) the following state agencies: the Department of
940	940	Aging and Disability Services, the Department of Assistive and
941	941	Rehabilitative Services, the Department of Family and Protective
942	942	Services, the Texas State Board of Social Worker Examiners, the
943	943	Texas Council on Purchasing from People with Disabilities, and the
944	944	Texas State Board of Examiners of Professional Counselors.
945	945	Sec. 18 [22]. INSURANCE. The committee shall have nine
946	946	members, with jurisdiction over all matters pertaining to:
947	947	(1) insurance and the insurance industry;
948	948	(2) all insurance companies and other organizations of
949	949	any type writing or issuing policies of insurance in the State of
950	950	Texas, including their organization, incorporation, management,
951	951	powers, and limitations; and
952	952	(3) the following state agencies: the Texas
953	953	Department of Insurance, the Texas Health Benefits Purchasing
954	954	Cooperative, and the Office of Public Insurance Counsel.
955	955	[Sec. 23. JUDICIARY. The committee shall have nine
956	956	members, with jurisdiction over all matters pertaining to:
957	957	[(1) uniform state laws;
958	958	[(2) creating, changing, or otherwise affecting
959	959	courts of judicial districts of the state;
960	960	[(3) establishing districts for the election of
961	961	judicial officers;
962	962	[(4) the Texas Judicial Council;
963	963	[(5) the State Commission on Judicial Conduct;
964	964	[(6) the Office of the Attorney General, including its
965	965	organization, powers, functions, and responsibilities;
966	966	[(7) courts and court procedures except where
967	967	jurisdiction is specifically granted to some other standing
968	968	committee; and
969	969	[(8) the following state agencies: the Supreme Court,
970	970	the Courts of Appeals, the Court of Criminal Appeals, the State
971	971	Commission on Judicial Conduct, the Office of Court Administration
972	972	of the Texas Judicial System, the State Law Library, the Texas
973	973	Judicial Council, the Guardianship Certification Board, the Office
974	974	of the Attorney General, the Court Reporters Certification Board,
975	975	and the Board of Law Examiners.]
976	976	Sec. 19 [6]. JUDICIARY AND CIVIL JURISPRUDENCE [PRACTICES].
977	977	The committee shall have 11 [nine] members, with jurisdiction over
978	978	all matters pertaining to:
979	979	(1) fines and penalties arising under civil laws;
980	980	(2) civil law, including rights, duties, remedies, and
981	981	procedures thereunder, and including probate and guardianship
982	982	matters;
983	983	(3) civil procedure in the courts of Texas;
984	984	(4) administrative law and the adjudication of rights
985	985	by administrative agencies; [and]
986	986	(5) permission to sue the state;
987	987	(6) civil law as it relates to familial relationships,
988	988	including rights, duties, remedies, and procedures thereunder;
989	989	(7) uniform state laws;
990	990	(8) creating, changing, or otherwise affecting courts
991	991	of judicial districts of the state;
992	992	(9) establishing districts for the election of
993	993	judicial officers;
994	994	(10) the State Commission on Judicial Conduct;
995	995	(11) the Office of the Attorney General, including its
996	996	organization, powers, functions, and responsibilities;
997	997	(12) courts and court procedures except where
998	998	jurisdiction is specifically granted to some other standing
999	999	committee; and
1000	1000	(13) the following state agencies: the Supreme Court,
1001	1001	the Courts of Appeals, the Court of Criminal Appeals, the State
1002	1002	Commission on Judicial Conduct, the Office of Court Administration
1003	1003	of the Texas Judicial System, the State Law Library, the Texas
1004	1004	Judicial Council, the Guardianship Certification Board, the Office
1005	1005	of the Attorney General, the Court Reporters Certification Board,
1006	1006	the Board of Law Examiners, the State Bar of Texas, and the State
1007	1007	Office of Administrative Hearings.
1008	1008	[Sec. 24. JUVENILE JUSTICE AND FAMILY ISSUES. The
1009	1009	committee shall have nine members, with jurisdiction over all
1010	1010	matters pertaining to:
1011	1011	[(1) juvenile delinquency and gang violence;
1012	1012	[(2) criminal law, prohibitions, standards, and
1013	1013	penalties as applied to juveniles;
1014	1014	[(3) criminal procedure in the courts of Texas as it
1015	1015	relates to juveniles;
1016	1016	[(4) civil law as it relates to familial
1017	1017	relationships, including rights, duties, remedies, and procedures
1018	1018	thereunder; and
1019	1019	[(5) the following state agencies: the Texas Juvenile
1020	1020	Probation Commission and the Advisory Council on Juvenile
1021	1021	Services.]
1022	1022	Sec. 20 [25]. LAND AND RESOURCE MANAGEMENT. The committee
1023	1023	shall have nine members, with jurisdiction over all matters
1024	1024	pertaining to:
1025	1025	(1) the management of public lands;
1026	1026	(2) the power of eminent domain;
1027	1027	(3) annexation, zoning, and other governmental
1028	1028	regulation of land use; and
1029	1029	(4) the following state agencies: the School Land
1030	1030	Board, the Board for Lease of University Lands, the Coastal
1031	1031	Coordination Council, and the General Land Office.
1032	1032	Sec. 21 [27]. LICENSING AND ADMINISTRATIVE PROCEDURES. The
1033	1033	committee shall have nine members, with jurisdiction over all
1034	1034	matters pertaining to:
1035	1035	(1) the oversight of businesses, industries, general
1036	1036	trades, and occupations regulated by this state;
1037	1037	(2) the regulation of greyhound and horse racing and
1038	1038	other gaming industries;
1039	1039	(3) regulation of the sale of intoxicating beverages
1040	1040	and local option control;
1041	1041	(4) the Alcoholic Beverage Code; and
1042	1042	(5) the following state agencies: the Texas
1043	1043	Department of Licensing and Regulation, the State Office of
1044	1044	Administrative Hearings, the Texas Board of Architectural
1045	1045	Examiners, the Texas State Board of Public Accountancy, the Texas
1046	1046	Real Estate Commission, the Texas State Board of Plumbing
1047	1047	Examiners, the Texas Board of Professional Engineers, the Real
1048	1048	Estate Research Center, the Texas Board of Professional Land
1049	1049	Surveying, the Texas Racing Commission, the Texas Appraiser
1050	1050	Licensing and Certification Board, the Texas Lottery Commission,
1051	1051	[the State Bar of Texas,] the Board of Tax Professional Examiners,
1052	1052	and the Texas Alcoholic Beverage Commission.
1053	1053	Sec. 22 [28]. LOCAL AND CONSENT CALENDARS (PROCEDURAL).
1054	1054	The committee shall have 11 members, with jurisdiction over:
1055	1055	(1) the placement on appropriate calendars of bills
1056	1056	and resolutions that, in the opinion of the committee, are in fact
1057	1057	local or will be uncontested, and have been recommended as such by
1058	1058	the standing committee of original jurisdiction; and
1059	1059	(2) the determination of priorities for floor
1060	1060	consideration of bills and resolutions except those within the
1061	1061	jurisdiction of the Committee on Calendars.
1062	1062	[Sec. 29. LOCAL GOVERNMENT WAYS AND MEANS. (a) The
1063	1063	committee shall have seven members, with jurisdiction over:
1064	1064	[(1) all bills and resolutions proposing to permit a
1065	1065	local government to raise revenue;
1066	1066	[(2) all bills and resolutions proposing to permit a
1067	1067	local government to levy or impose property taxes, sales and use
1068	1068	taxes, or other taxes and fees;
1069	1069	[(3) all proposals to modify, amend, or change any
1070	1070	existing local government tax or revenue statute;
1071	1071	[(4) all proposals to regulate the manner of
1072	1072	collection of local government revenues and taxes; and
1073	1073	[(5) all bills and resolutions relating to the local
1074	1074	government provisions of the Property Tax Code, including
1075	1075	provisions related to the appraisal of property and the levy and
1076	1076	collection of property taxes by local governments.
1077	1077	[(b) In this section, "local government" means a city,
1078	1078	county, school district, special purpose district, or other
1079	1079	political subdivision.]
1080	1080	Sec. 23 [30]. NATURAL RESOURCES. The committee shall have
1081	1081	11 [nine] members, with jurisdiction over all matters pertaining
1082	1082	to:
1083	1083	(1) the conservation of the natural resources of
1084	1084	Texas;
1085	1085	(2) the control and development of land and water and
1086	1086	land and water resources, including the taking, storing, control,
1087	1087	and use of all water in the state, and its appropriation and
1088	1088	allocation;
1089	1089	(3) irrigation, irrigation companies, and irrigation
1090	1090	districts, and their incorporation, management, and powers;
1091	1091	(4) the creation, modification, and regulation of
1092	1092	water supply districts, water control and improvement districts,
1093	1093	conservation and reclamation districts, and all similar organs of
1094	1094	local government dealing with water and water supply;
1095	1095	(5) oversight of the Texas Commission on Environmental
1096	1096	Quality as it relates to the regulation of water resources; and
1097	1097	(6) the following state agencies: the Office of
1098	1098	Canadian River Compact Commissioner for Texas, the Office of Pecos
1099	1099	River Compact Commissioner for Texas, the Office of Red River
1100	1100	Compact Commissioner for Texas, the Office of Rio Grande Compact
1101	1101	Commissioner for Texas, the Office of Sabine River Compact
1102	1102	Administrator for Texas, the Multi-State Water Resources Planning
1103	1103	Commission, and the Texas Water Development Board.
1104	1104	Sec. 24 [16]. PENSIONS, INVESTMENTS, AND FINANCIAL
1105	1105	SERVICES [INSTITUTIONS]. The committee shall have nine [seven]
1106	1106	members, with jurisdiction over all matters pertaining to:
1107	1107	(1) banking and the state banking system;
1108	1108	(2) savings and loan associations;
1109	1109	(3) credit unions;
1110	1110	(4) the regulation of state and local bonded
1111	1111	indebtedness;
1112	1112	(5) the lending of money; [and]
1113	1113	(6) benefits or participation in benefits of a public
1114	1114	retirement system and the financial obligations of a public
1115	1115	retirement system;
1116	1116	(7) the regulation of securities and investments;
1117	1117	(8) privacy and identity theft; and
1118	1118	(9) [(6)] the following state agencies: the Finance
1119	1119	Commission of Texas, the Credit Union Commission, the Office of
1120	1120	Consumer Credit Commissioner, the Office of Banking Commissioner,
1121	1121	the Texas Department of Banking, the Department of Savings and
1122	1122	Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
1123	1123	Texas Public Finance Authority, [and] the Bond Review Board, the
1124	1124	Office of Fire Fighters' Pension Commissioner, the Board of
1125	1125	Trustees of the Teacher Retirement System of Texas, the Board of
1126	1126	Trustees of the Employees Retirement System of Texas, the Board of
1127	1127	Trustees of the Texas County and District Retirement System, the
1128	1128	Board of Trustees of the Texas Municipal Retirement System, the
1129	1129	State Pension Review Board, and the State Securities Board.
1130	1130	[Sec. 31. PENSIONS AND INVESTMENTS. The committee shall
1131	1131	have seven members, with jurisdiction over all matters pertaining
1132	1132	to:
1133	1133	[(1) benefits or participation in benefits of a public
1134	1134	retirement system and the financial obligations of a public
1135	1135	retirement system;
1136	1136	[(2) the regulation of securities and investments; and
1137	1137	[(3) the following state agencies: the Office of Fire
1138	1138	Fighters' Pension Commissioner, the Board of Trustees of the
1139	1139	Teacher Retirement System of Texas, the Board of Trustees of the
1140	1140	Employees Retirement System of Texas, the Board of Trustees of the
1141	1141	Texas County and District Retirement System, the Board of Trustees
1142	1142	of the Texas Municipal Retirement System, the State Pension Review
1143	1143	Board, and the State Securities Board.]
1144	1144	Sec. 25 [32]. PUBLIC EDUCATION. The committee shall have 11
1145	1145	[nine] members, with jurisdiction over all matters pertaining to:
1146	1146	(1) the public schools and the public school system of
1147	1147	Texas and the financing thereof;
1148	1148	(2) the state programming of elementary and secondary
1149	1149	education for the public school system of Texas;
1150	1150	(3) proposals to create, change, or otherwise alter
1151	1151	school districts of the state; and
1152	1152	(4) the following state agencies: the State Board of
1153	1153	Education, the Texas Education Agency, the Office of Compact for
1154	1154	Education Commissioner for Texas, the Office of Southern Regional
1155	1155	Education Compact Commissioner for Texas, the Texas School for the
1156	1156	Blind and Visually Impaired, the State Board for Educator
1157	1157	Certification, and the Texas School for the Deaf.
1158	1158	Sec. 26 [33]. PUBLIC HEALTH. The committee shall have 11
1159	1159	[nine] members, with jurisdiction over all matters pertaining to:
1160	1160	(1) the protection of public health, including
1161	1161	supervision and control of the practice of medicine and dentistry
1162	1162	and other allied health services;
1163	1163	(2) mental health and the development of programs
1164	1164	incident thereto;
1165	1165	(3) the prevention and treatment of mental illness;
1166	1166	(4) oversight of the Health and Human Services
1167	1167	Commission as it relates to the subject matter jurisdiction of this
1168	1168	committee; and
1169	1169	(5) the following state agencies: the Department of
1170	1170	State Health Services, the Anatomical Board of the State of Texas,
1171	1171	the Texas Funeral Service Commission, the State Committee of
1172	1172	Examiners in the Fitting and Dispensing of Hearing Instruments, the
1173	1173	Texas Health Services Authority, the Texas Optometry Board, the
1174	1174	Radiation Advisory Board, the Texas State Board of Pharmacy, the
1175	1175	Interagency Obesity Council, the Texas Board of Nursing [Nurse
1176	1176	Examiners], the Texas Board of Chiropractic Examiners, the Texas
1177	1177	Board of Physical Therapy Examiners, the Texas State Board of
1178	1178	Podiatric Medical Examiners, the Texas State Board of Examiners of
1179	1179	Psychologists, the State Board of Dental Examiners, the Texas
1180	1180	Medical Board, the Advisory Board of Athletic Trainers, the Dental
1181	1181	Hygiene Advisory Committee, the Cancer Prevention and Research
1182	1182	Institute of Texas [the Texas Cancer Council], the Texas State
1183	1183	Board of Acupuncture Examiners, the Health Professions Council, the
1184	1184	Office of Patient Protection, and the Texas Board of Occupational
1185	1185	Therapy Examiners.
1186	1186	Sec. 27 [26]. PUBLIC SAFETY [LAW ENFORCEMENT]. The
1187	1187	committee shall have nine [seven] members, with jurisdiction over
1188	1188	all matters pertaining to:
1189	1189	(1) law enforcement;
1190	1190	(2) the prevention of crime and the apprehension of
1191	1191	criminals;
1192	1192	(3) the provision of security services by private
1193	1193	entities; and
1194	1194	(4) the following state agencies: the Commission on
1195	1195	Law Enforcement Officer Standards and Education, the Department of
1196	1196	Public Safety, the Texas Forensic Science Commission, the Polygraph
1197	1197	Examiners Board, the Texas Private Security Board, the Commission
1198	1198	on State Emergency Communications, and the Crime Stoppers Advisory
1199	1199	Council.
1200	1200	Sec. 28 [34]. REDISTRICTING (PROCEDURAL). The committee
1201	1201	shall have 15 members, with jurisdiction over all matters
1202	1202	pertaining to:
1203	1203	(1) legislative districts, both house and senate, and
1204	1204	any changes or amendments;
1205	1205	(2) congressional districts, their creation, and any
1206	1206	changes or amendments;
1207	1207	(3) establishing districts for the election of
1208	1208	judicial officers or of governing bodies or representatives of
1209	1209	political subdivisions or state agencies as required by law; and
1210	1210	(4) preparations for the redistricting process.
1211	1211	[Sec. 35. REGULATED INDUSTRIES. The committee shall have
1212	1212	nine members, with jurisdiction over all matters related to:
1213	1213	[(1) the regulation and deregulation of electric
1214	1214	utilities and the electric industry;
1215	1215	[(2) the regulation and deregulation of
1216	1216	telecommunications utilities and the telecommunications industry;
1217	1217	[(3) the regulation of science and technology,
1218	1218	including telecommunications, electronic technology, and automated
1219	1219	data processing;
1220	1220	[(4) electric utility regulation as it relates to
1221	1221	energy production and consumption;
1222	1222	[(5) pipelines, pipeline companies, and all others
1223	1223	operating as common carriers in the state;
1224	1224	[(6) the regulation and deregulation of other
1225	1225	industries jurisdiction of which is not specifically assigned to
1226	1226	another committee under these rules; and
1227	1227	[(7) the following state agencies: the Public Utility
1228	1228	Commission of Texas, the Office of Public Utility Counsel, and the
1229	1229	Telecommunications Infrastructure Fund Board.]
1230	1230	Sec. 29 [36]. RULES AND RESOLUTIONS (PROCEDURAL). The
1231	1231	committee shall have 11 members, with jurisdiction over:
1232	1232	(1) Rules of Procedure of the House of
1233	1233	Representatives, and all proposed amendments;
1234	1234	(2) Joint Rules of the House and Senate, and all
1235	1235	proposed amendments;
1236	1236	(3) all procedures for expediting the business of the
1237	1237	house in an orderly and efficient manner;
1238	1238	(4) all resolutions to congratulate, memorialize, or
1239	1239	name mascots of the house; and
1240	1240	(5) other matters concerning rules, procedures, and
1241	1241	operation of the house assigned by the speaker.
1242	1242	Sec. 30 [37]. STATE AFFAIRS. The committee shall have 15
1243	1243	[nine] members, with jurisdiction over all matters pertaining to:
1244	1244	(1) questions and matters of state policy;
1245	1245	(2) the administration of state government;
1246	1246	(3) the organization, operation, powers, regulation,
1247	1247	and management of state departments, [and] agencies, and
1248	1248	institutions;
1249	1249	(4) the operation and regulation of public lands and
1250	1250	state buildings;
1251	1251	(5) [the organization, regulation, operation, and
1252	1252	management of state institutions;
1253	1253	[(6)] the duties and conduct of officers and employees
1254	1254	of the state government;
1255	1255	(6) [(7) the regulation of the residential
1256	1256	construction industry;
1257	1257	[(8)] the operation of state government and its
1258	1258	agencies and departments; all of above except where jurisdiction is
1259	1259	specifically granted to some other standing committee;
1260	1260	(7) [(9)] access of the state agencies to scientific
1261	1261	and technological information; [and]
1262	1262	(8) the regulation and deregulation of electric
1263	1263	utilities and the electric industry;
1264	1264	(9) the regulation and deregulation of
1265	1265	telecommunications utilities and the telecommunications industry;
1266	1266	(10) electric utility regulation as it relates to
1267	1267	energy production and consumption;
1268	1268	(11) pipelines, pipeline companies, and all others
1269	1269	operating as common carriers in the state;
1270	1270	(12) the regulation and deregulation of other
1271	1271	industries jurisdiction of which is not specifically assigned to
1272	1272	another committee under these rules; and
1273	1273	(13) [(10)] the following state agencies: the Council
1274	1274	of State Governments, the National Conference of State
1275	1275	Legislatures, the [Governor's] Office of the Governor, the Texas
1276	1276	Facilities [Building and Procurement] Commission, the Department
1277	1277	of Information Resources, the Inaugural Endowment Fund Committee,
1278	1278	the Texas Incentive and Productivity Commission, the Sunset
1279	1279	Advisory Commission, the Public Utility Commission of Texas, and
1280	1280	the Office of Public Utility Counsel [and the Texas Residential
1281	1281	Construction Commission].
1282	1282	Sec. 31. TECHNOLOGY, ECONOMIC DEVELOPMENT, AND WORKFORCE.
1283	1283	The committee shall have nine members, with jurisdiction over all
1284	1284	matters pertaining to:
1285	1285	(1) advances in science and technology, including in
1286	1286	telecommunications, electronic technology, and automated data
1287	1287	processing;
1288	1288	(2) the promotion of scientific research,
1289	1289	technological development, and technology transfer in the state;
1290	1290	(3) matters relating to cooperation of state and local
1291	1291	governments with the scientific and technological community,
1292	1292	including industry, institutions of higher education, and federal
1293	1293	governmental laboratories;
1294	1294	(4) workforce training;
1295	1295	(5) commerce, trade, and manufacturing;
1296	1296	(6) economic and industrial development;
1297	1297	(7) job creation and job-training programs;
1298	1298	(8) hours, wages, collective bargaining, and the
1299	1299	relationship between employers and employees;
1300	1300	(9) unemployment compensation, including coverage,
1301	1301	benefits, taxes, and eligibility;
1302	1302	(10) boiler inspection and safety standards and
1303	1303	regulation;
1304	1304	(11) labor unions and their organization, control,
1305	1305	management, and administration;
1306	1306	(12) weights and measures; and
1307	1307	(13) the following state agencies: the Texas Economic
1308	1308	Development and Tourism Office, the Texas Workforce Commission, the
1309	1309	Texas Workforce Investment Council, and the Texas Emerging
1310	1310	Technology Advisory Committee.
1311	1311	Sec. 32 [38]. TRANSPORTATION. The committee shall have 11
1312	1312	[nine] members, with jurisdiction over all matters pertaining to:
1313	1313	(1) commercial motor vehicles, both bus and truck, and
1314	1314	their control, regulation, licensing, and operation;
1315	1315	(2) the Texas highway system, including all roads,
1316	1316	bridges, and ferries constituting a part of the system;
1317	1317	(3) the licensing of private passenger vehicles to
1318	1318	operate on the roads and highways of the state;
1319	1319	(4) the regulation and control of traffic on the
1320	1320	public highways of the State of Texas;
1321	1321	(5) railroads, street railway lines, interurban
1322	1322	railway lines, steamship companies, and express companies;
1323	1323	(6) airports, air traffic, airlines, and other
1324	1324	organizations engaged in transportation by means of aerial flight;
1325	1325	(7) water transportation in the State of Texas, and
1326	1326	the rivers, harbors, and related facilities used in water
1327	1327	transportation and the agencies of government exercising
1328	1328	supervision and control thereover;
1329	1329	(8) the regulation of metropolitan transit; and
1330	1330	(9) the following state agencies: the Texas Department
1331	1331	of Transportation and the Texas Transportation Commission.
1332	1332	Sec. 33 [39]. URBAN AFFAIRS. The committee shall have 11
1333	1333	[seven] members, with jurisdiction over all matters pertaining to:
1334	1334	(1) [cities,] municipalities[, and town
1335	1335	corporations], including their creation, organization, powers,
1336	1336	government, and finance, and the compensation and duties of their
1337	1337	officers and employees;
1338	1338	(2) home-rule municipalities [cities], their
1339	1339	relationship to the state, and their powers, authority, and
1340	1340	limitations;
1341	1341	(3) the creation or change of metropolitan areas and
1342	1342	the form of government under which those areas operate;
1343	1343	(4) problems and issues particularly affecting
1344	1344	metropolitan areas of the state;
1345	1345	(5) other units of local government not otherwise
1346	1346	assigned by these rules to other standing committees;
1347	1347	(6) establishing districts for the election of
1348	1348	governing bodies of municipalities [cities]; [and]
1349	1349	(7) land use regulation by municipalities; and
1350	1350	(8) the following state agencies: the Texas
1351	1351	Department of Housing and Community Affairs and the Texas
1352	1352	Commission on Fire Protection.
1353	1353	Sec. 34 [40]. WAYS AND MEANS. The committee shall have 11
1354	1354	[nine] members, with jurisdiction over:
1355	1355	(1) all bills and resolutions proposing to raise state
1356	1356	revenue;
1357	1357	(2) all bills or resolutions proposing to levy state
1358	1358	taxes or other fees;
1359	1359	(3) all proposals to modify, amend, or change any
1360	1360	existing state tax or revenue statute;
1361	1361	(4) all proposals to regulate the manner of collection
1362	1362	of state revenues and taxes;
1363	1363	(5) all bills and resolutions containing provisions
1364	1364	resulting in automatic allocation of funds from the state treasury;
1365	1365	(6) all bills and resolutions diverting funds from the
1366	1366	state treasury or preventing funds from going in that otherwise
1367	1367	would be placed in the state treasury;
1368	1368	(7) all bills and resolutions proposing to permit a
1369	1369	local government to raise revenue;
1370	1370	(8) all bills and resolutions proposing to permit a
1371	1371	local government to levy or impose property taxes, sales and use
1372	1372	taxes, or other taxes and fees;
1373	1373	(9) all proposals to modify, amend, or change any
1374	1374	existing local government tax or revenue statute;
1375	1375	(10) all proposals to regulate the manner of
1376	1376	collection of local government revenues and taxes;
1377	1377	(11) all bills and resolutions relating to the
1378	1378	appraisal of property for taxation;
1379	1379	(12) all bills and resolutions relating to the Tax
1380	1380	Code; and
1381	1381	(13) [(8)] the following state agencies: the Office of
1382	1382	Multistate Tax Compact Commissioner for Texas and the State
1383	1383	Comptroller of Public Accounts.
1384	1384	RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
1385	1385	CHAPTER A. ORGANIZATION
1386	1386	Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
1387	1387	committees of the house, and the number of members and general
1388	1388	jurisdiction of each, shall be as enumerated in Rule 3.
1389	1389	Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
1390	1390	the standing committees shall be determined at the beginning of
1391	1391	each regular session in the following manner:
1392	1392	(1) For each standing substantive committee, [except
1393	1393	the Committee on Appropriations,] a maximum of one-half of the
1394	1394	membership, exclusive of the chair and vice-chair, shall be
1395	1395	determined by seniority. The remaining membership of the committee
1396	1396	shall be appointed by the speaker.
1397	1397	(2) Each member of the house, in order of seniority,
1398	1398	may designate three committees on which he or she desires to serve,
1399	1399	listed in order of preference. The member is entitled to become a
1400	1400	member of the committee of his or her highest preference on which
1401	1401	there remains a vacant seniority position. [A member who desires to
1402	1402	be designated the chair for budget and oversight of a substantive
1403	1403	committee may indicate that preference, but seniority does not
1404	1404	entitle the member to that designation.]
1405	1405	(3) If members of equal seniority request the same
1406	1406	committee, the speaker shall appoint the member from among those
1407	1407	requesting that committee. Seniority, as the term is used in this
1408	1408	subsection, shall mean years of cumulative service as a member of
1409	1409	the house of representatives.
1410	1410	(4) After each member of the house has selected one
1411	1411	committee on the basis of seniority, the remaining membership on
1412	1412	each standing committee shall be filled by appointment of the
1413	1413	speaker, subject to the limitations imposed in this chapter.
1414	1414	(5) Seniority shall not apply to a procedural
1415	1415	committee. For purposes of these rules, the procedural committees
1416	1416	are the Committee on Calendars, the Committee on Local and Consent
1417	1417	Calendars, the Committee on Rules and Resolutions, the General
1418	1418	Investigating and Ethics Committee, the Committee on House
1419	1419	Administration, and the Committee on Redistricting. The entire
1420	1420	membership of these committees shall be appointed by the speaker.
1421	1421	(6) [Seniority shall not apply to the Committee on
1422	1422	Appropriations, which shall be composed of:
1423	1423	[(A) a chair and vice-chair appointed by the
1424	1424	speaker; and
1425	1425	[(B) the chair for budget and oversight from each
1426	1426	of the 27 committees for which there is a chair for budget and
1427	1427	oversight.
1428	1428	[(7)] In announcing the membership of committees, the
1429	1429	speaker shall designate those appointed by the speaker and those
1430	1430	acquiring membership by seniority.
1431	1431	(7) [(8)] The speaker shall designate the chair and
1432	1432	vice-chair from the total membership of the committee. [For 27
1433	1433	substantive committees determined by the speaker, the speaker shall
1434	1434	designate a chair for budget and oversight from the total
1435	1435	membership of the committee.]
1436	1436	(b) In the event of an election contest that is not resolved
1437	1437	prior to the determination of the membership of standing
1438	1438	committees, the representative of the district that is the subject
1439	1439	of the contest is not entitled to select a committee on the basis of
1440	1440	seniority. Committee appointments on behalf of that district shall
1441	1441	be designated by the district number.
1442	1442	(c) In the event of a vacancy in a representative district
1443	1443	that has not been filled at the time of the determination of the
1444	1444	membership of standing committees, the representative of the
1445	1445	district who fills that vacancy shall not be entitled to select a
1446	1446	committee on the basis of seniority. Committee appointments on
1447	1447	behalf of that district shall be designated by the district number.
1448	1448	(d) In the event that a member-elect of the current
1449	1449	legislature has not taken the oath of office by the end of the ninth
1450	1450	day of the regular session, the representative of that district
1451	1451	shall not be entitled to select a committee on the basis of
1452	1452	seniority. If the member-elect has not taken the oath of office by
1453	1453	the time committee appointments are announced, committee
1454	1454	appointments on behalf of that district shall be designated by
1455	1455	district number.
1456	1456	Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
1457	1457	and vice-chair, members of a standing committee shall rank
1458	1458	according to their seniority.
1459	1459	Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
1460	1460	concurrently on more than two standing substantive committees.
1461	1461	(b) A member serving as chair of the Committee on
1462	1462	Appropriations or the Committee on State Affairs may not serve on
1463	1463	any other substantive committee.
1464	1464	Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
1465	1465	a standing, select, or interim committee subsequent to its
1466	1466	organization, the speaker shall appoint an eligible member to fill
1467	1467	the vacancy.
1468	1468	Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
1469	1469	shall:
1470	1470	(1) be responsible for the effective conduct of the
1471	1471	business of the committee;
1472	1472	(2) appoint all subcommittees and determine the number
1473	1473	of members to serve on each subcommittee;
1474	1474	(3) in consultation with members of the committee,
1475	1475	schedule the work of the committee and determine the order in which
1476	1476	the committee shall consider and act on bills, resolutions, and
1477	1477	other matters referred to the committee;
1478	1478	(4) have authority to employ and discharge the staff
1479	1479	and employees authorized for the committee and have supervision and
1480	1480	control over all the staff and employees;
1481	1481	(5) direct the preparation of all committee reports.
1482	1482	No committee report shall be official until signed by the chair of
1483	1483	the committee, or by the person acting as chair, or by a majority of
1484	1484	the membership of the committee;
1485	1485	(6) determine the necessity for public hearings,
1486	1486	schedule hearings, and be responsible for directing the posting of
1487	1487	notice of hearings as required by the rules;
1488	1488	(7) preside at all meetings of the committee and
1489	1489	control its deliberations and activities in accordance with
1490	1490	acceptable parliamentary procedure; and
1491	1491	(8) have authority to direct the sergeant-at-arms to
1492	1492	assist, where necessary, in enforcing the will of the committee.
1493	1493	Sec. 7. BILL ANALYSES. Except for the general
1494	1494	appropriations bill, for each bill or joint resolution referred to
1495	1495	the committee, the staff of the committee shall be responsible for
1496	1496	distributing a copy of a bill analysis to each member of the
1497	1497	committee and to the author of a house measure or sponsor of a
1498	1498	senate measure at the earliest possible opportunity but not later
1499	1499	than the first time the measure is laid out in a committee meeting.
1500	1500	The author of the bill or joint resolution may request the Texas
1501	1501	Legislative Council to prepare an analysis for purposes of this
1502	1502	section suitable for distribution by committee staff to each member
1503	1503	of the committee.
1504	1504	CHAPTER B. PROCEDURE
1505	1505	Sec. 8. MEETINGS. (a) As soon as practicable after
1506	1506	standing committees are constituted and organized, the committee
1507	1507	coordinator, under the direction of the Committee on House
1508	1508	Administration, shall prepare a schedule for regular meetings of
1509	1509	all standing committees. This schedule shall be published in the
1510	1510	house journal and posted in a convenient and conspicuous place near
1511	1511	the entrance to the house and on other posting boards for committee
1512	1512	meeting notices, as determined necessary by the Committee on House
1513	1513	Administration. To the extent practicable during each regular
1514	1514	session, standing committees shall conduct regular committee
1515	1515	meetings in accordance with the schedule of meetings prepared by
1516	1516	the committee coordinator under the supervision of the Committee on
1517	1517	House Administration.
1518	1518	(b) Standing committees shall meet at other times as may be
1519	1519	determined by the committee, or as may be called by the chair.
1520	1520	Subcommittees of standing committees shall likewise meet at other
1521	1521	times as may be determined by the committee, or as may be called by
1522	1522	the chair of the committee or subcommittee.
1523	1523	(c) Committees shall also meet in such places and at such
1524	1524	times as the speaker may designate.
1525	1525	Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
1526	1526	committee or subcommittee shall meet during the time the house is in
1527	1527	session without permission being given by a majority vote of the
1528	1528	house. No standing committee or subcommittee shall conduct its
1529	1529	meeting on the floor of the house or in the house chamber while the
1530	1530	house is in session, but shall, if given permission to meet while
1531	1531	the house is in session, retire to a designated committee room for
1532	1532	the conduct of its meeting.
1533	1533	Sec. 10. PURPOSES FOR MEETING. A committee or a
1534	1534	subcommittee may be assembled for:
1535	1535	(1) a public hearing where testimony is to be heard,
1536	1536	and where official action may be taken, on bills, resolutions, or
1537	1537	other matters;
1538	1538	(2) a formal meeting where the committee may discuss
1539	1539	and take official action on bills, resolutions, or other matters
1540	1540	without testimony; and
1541	1541	(3) a work session where the committee may discuss
1542	1542	bills, resolutions, or other matters but take no formal action.
1543	1543	Sec. 11. POSTING NOTICE. (a) No committee or
1544	1544	subcommittee, including a calendars committee, shall assemble for
1545	1545	the purpose of a public hearing during a regular session unless
1546	1546	notice of the hearing has been posted in accordance with the rules
1547	1547	at least five calendar days in advance of the hearing. No committee
1548	1548	or subcommittee, including a calendars committee, shall assemble
1549	1549	for the purpose of a public hearing during a special session unless
1550	1550	notice of the hearing has been posted in accordance with the rules
1551	1551	at least 24 hours in advance of the hearing. The committee minutes
1552	1552	shall reflect the date of each posting of notice. Notice shall not
1553	1553	be required for a public hearing on a senate bill which is
1554	1554	substantially the same as a house bill that has previously been the
1555	1555	subject of a duly posted public hearing by the committee.
1556	1556	(b) No committee or subcommittee, including a calendars
1557	1557	committee, shall assemble for the purpose of a formal meeting or
1558	1558	work session during a regular or special session unless written
1559	1559	notice has been posted and transmitted to each member of the
1560	1560	committee two hours in advance of the meeting or an announcement has
1561	1561	been filed with the journal clerk and read by the reading clerk
1562	1562	while the house is in session.
1563	1563	(c) All committees meeting during the interim for the
1564	1564	purpose of a formal meeting, work session, or public hearing shall
1565	1565	post notice in accordance with the rules and notify members of the
1566	1566	committee at least five calendar days in advance of the meeting.
1567	1567	Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
1568	1568	committee or subcommittee, including a calendars committee, shall
1569	1569	be open to other members, the press, and the public unless
1570	1570	specifically provided otherwise by resolution adopted by the house.
1571	1571	However, the General Investigating and Ethics Committee or a
1572	1572	committee considering an impeachment, an address, the punishment of
1573	1573	a member of the house, or any other matter of a quasi-judicial
1574	1574	nature may meet in executive session for the limited purpose of
1575	1575	examining a witness or deliberating, considering, or debating a
1576	1576	decision, but no decision may be made or voted on except in a
1577	1577	meeting that is open to the public and otherwise in compliance with
1578	1578	the rules of the house.
1579	1579	Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
1580	1580	Procedure of the House of Representatives, and to the extent
1581	1581	applicable, the rules of evidence and procedure in the civil courts
1582	1582	of Texas, shall govern the hearings and operations of each
1583	1583	committee, including a calendars committee. Subject to the
1584	1584	foregoing, and to the extent necessary for orderly transaction of
1585	1585	business, each committee may promulgate and adopt additional rules
1586	1586	and procedures by which it will function.
1587	1587	(b) No standing committee, including a calendars committee,
1588	1588	or any subcommittee, shall adopt any rule of procedure, including
1589	1589	but not limited to an automatic subcommittee rule, which will have
1590	1590	the effect of thwarting the will of the majority of the committee or
1591	1591	subcommittee or denying the committee or subcommittee the right to
1592	1592	ultimately dispose of any pending matter by action of a majority of
1593	1593	the committee or subcommittee. A bill or resolution may not be laid
1594	1594	on the table subject to call in committee without a majority vote of
1595	1595	the committee.
1596	1596	Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
1597	1597	rulings of the chair of a committee shall be in order if seconded by
1598	1598	three members of the committee, which may include the member making
1599	1599	the appeal. Procedure in committee following an appeal which has
1600	1600	been seconded shall be the same as the procedure followed in the
1601	1601	house in a similar situation.
1602	1602	Sec. 15. PREVIOUS QUESTION. Before the previous question
1603	1603	can be ordered in a committee, the motion therefor must be seconded
1604	1604	by not less than 4 members of a committee consisting of 21 or more
1605	1605	members, 3 members of a committee consisting of less than 21 members
1606	1606	and more than 10 members, or 2 members of a committee consisting of
1607	1607	10 members or less. If the motion is properly seconded and ordered
1608	1608	by a majority vote of the committee, further debate on the
1609	1609	proposition under consideration shall be terminated, and the
1610	1610	proposition shall be immediately put to a vote of the committee for
1611	1611	its action.
1612	1612	Sec. 16. QUORUM. A majority of a committee shall
1613	1613	constitute a quorum. No action or recommendation of a committee
1614	1614	shall be valid unless taken at a meeting of the committee with a
1615	1615	quorum actually present, and the committee minutes shall reflect
1616	1616	the names of those members of the committee who were actually
1617	1617	present. No committee report shall be made to the house nor shall
1618	1618	bills or resolutions be placed on a calendar unless ordered by a
1619	1619	majority of the membership of the committee, except as otherwise
1620	1620	provided in the rules, and a quorum of the committee must be present
1621	1621	when the vote is taken on reporting a bill or resolution, on placing
1622	1622	bills or resolutions on a calendar, or on taking any other formal
1623	1623	action within the authority of the committee. No committee report
1624	1624	shall be made nor shall bills or resolutions be placed on a calendar
1625	1625	except by record vote of the members of the committee, with the yeas
1626	1626	and nays to be recorded in the minutes of the committee. Proxies
1627	1627	cannot be used in committees.
1628	1628	Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
1629	1629	order to move a call of a committee at any time to secure and
1630	1630	maintain a quorum for any one or more of the following purposes:
1631	1631	(1) for the consideration of a specific bill,
1632	1632	resolution, or other matter;
1633	1633	(2) for a definite period of time; or
1634	1634	(3) for the consideration of any designated class of
1635	1635	bills or other matters.
1636	1636	(b) When a call of a committee is moved for one or more of
1637	1637	the foregoing purposes and seconded by two members, one of whom may
1638	1638	be the chair, and is ordered by a majority of the members present,
1639	1639	no member shall thereafter be permitted to leave the committee
1640	1640	meeting without written permission from the chair. After the call
1641	1641	is ordered, and in the absence of a quorum, the chair shall have the
1642	1642	authority to authorize the sergeant-at-arms to locate absent
1643	1643	members of the committee and to compel their attendance for the
1644	1644	duration of the call.
1645	1645	Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
1646	1646	including a calendars committee, the chair, or the member acting as
1647	1647	chair, shall keep complete minutes of the proceedings in committee,
1648	1648	which shall include:
1649	1649	(1) the time and place of each meeting of the
1650	1650	committee;
1651	1651	(2) a roll call to determine the members present at
1652	1652	each meeting of the committee, whether that meeting follows an
1653	1653	adjournment or a recess from a previous committee meeting;
1654	1654	(3) an accurate record of all votes taken, including a
1655	1655	listing of the yeas and nays cast on a record vote;
1656	1656	(4) the date of posting of notice of the meeting; and
1657	1657	(5) other information that the chair shall determine.
1658	1658	(b) The minutes for each public hearing of a committee shall
1659	1659	also include an attachment listing the names of the persons, other
1660	1660	than members of the legislature, and the persons or entities
1661	1661	represented by those persons, who were recognized by the chair to
1662	1662	address the committee [or who signed a sworn statement in favor of,
1663	1663	in opposition to, or without taking a position on a measure or other
1664	1664	matter before the committee]. The attachment shall also list the
1665	1665	name of each person, other than a member of the legislature, who
1666	1666	submitted to the committee a sworn statement indicating that the
1667	1667	person was present in favor of, in opposition to, or without taking
1668	1668	a position on the measure or other matter, but who because of the
1669	1669	person's departure or other reason was not recognized by the chair
1670	1670	to address the committee; provided that the omission of the name of
1671	1671	such a person is not a sustainable question of order.
1672	1672	(c) Committee minutes shall be corrected only at the
1673	1673	direction of the chair as authorized by a majority vote of the
1674	1674	committee. Duplicate originals of committee minutes shall be
1675	1675	maintained, one to remain with the committee chair and the other to
1676	1676	be filed with the committee coordinator. The committee minutes of a
1677	1677	meeting of the Appropriations Committee on the general
1678	1678	appropriations bill must be filed with the committee coordinator
1679	1679	within five days of the committee meeting. All other committee
1680	1680	minutes must be filed with the committee coordinator within three
1681	1681	days of the committee meeting for a substantive committee, and
1682	1682	within one day of the committee meeting for a procedural committee.
1683	1683	If the date on which the committee minutes are due occurs on a
1684	1684	Saturday, Sunday, or holiday on which the house is not in session,
1685	1685	the committee minutes shall be filed on the following working day.
1686	1686	The time at which the minutes are filed shall be time-stamped on the
1687	1687	duplicate originals of the minutes that are filed with the
1688	1688	committee coordinator. The duplicate originals shall be available
1689	1689	at all reasonable business hours for inspection by members or the
1690	1690	public.
1691	1691	(d) The committee coordinator shall maintain the minutes
1692	1692	and records safe from loss, destruction, and alteration at all
1693	1693	times, and may, at any time, turn them, or any portion, over to the
1694	1694	Committee on House Administration.
1695	1695	Sec. 19. RECORDING OF TESTIMONY. All testimony before
1696	1696	committees and subcommittees shall be electronically recorded
1697	1697	under the direction of the Committee on House Administration.
1698	1698	Copies of the testimony may be released under guidelines
1699	1699	promulgated by the Committee on House Administration.
1700	1700	Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
1701	1701	coordinator, under the direction of the Committee on House
1702	1702	Administration, shall prescribe the form of a sworn statement to be
1703	1703	executed by all persons, other than members, who wish to be
1704	1704	recognized by the chair to address the committee. The statement
1705	1705	shall provide for showing at least:
1706	1706	(1) the committee or subcommittee;
1707	1707	(2) the name, address, and telephone number of the
1708	1708	person appearing;
1709	1709	(3) the person, firm, corporation, class, or group
1710	1710	represented;
1711	1711	(4) the type of business, profession, or occupation in
1712	1712	which the person is engaged, if the person is representing himself
1713	1713	or herself; and
1714	1714	(5) the matter before the committee on which the
1715	1715	person wishes to be recognized to address the committee and whether
1716	1716	for, against, or neutral on the matter.
1717	1717	(b) No person shall be recognized by the chair to address
1718	1718	the committee in favor of, in opposition to, or without taking a
1719	1719	position on a matter until the sworn statement has been filed with
1720	1720	the chair of the committee. The chair of the committee shall
1721	1721	indicate on the sworn statement whether the person completing the
1722	1722	statement was recognized to address the committee.
1723	1723	(c) All sworn statements for those persons recognized by the
1724	1724	chair to address the committee shall accompany the copy of the
1725	1725	minutes of the meeting filed with the committee coordinator.
1726	1726	(d) All persons, other than members, recognized by the chair
1727	1727	to address the committee shall give their testimony under oath, and
1728	1728	each committee may avail itself of additional powers and
1729	1729	prerogatives authorized by law.
1730	1730	(e) The committee shall ensure that an individual who is
1731	1731	blind receives any necessary assistance in executing the sworn
1732	1732	statement.
1733	1733	(f) The committee shall inform a witness who is blind which
1734	1734	members of the committee are present when the witness begins to
1735	1735	testify and shall inform the witness during the testimony of the
1736	1736	departure and arrival of committee members.
1737	1737	Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
1738	1738	By a record vote of not less than two-thirds of those present and
1739	1739	voting, a quorum being present, each standing committee shall have
1740	1740	the power and authority to issue process to witnesses at any place
1741	1741	in the State of Texas, to compel their attendance, and to compel the
1742	1742	production of all books, records, and instruments. If necessary to
1743	1743	obtain compliance with subpoenas or other process, the committee
1744	1744	shall have the power to issue writs of attachment. All process
1745	1745	issued by the committee may be addressed to and served by an agent
1746	1746	of the committee or a sergeant-at-arms appointed by the committee
1747	1747	or by any peace officer of the State of Texas. The committee shall
1748	1748	also have the power to cite and have prosecuted for contempt, in the
1749	1749	manner provided by law, anyone disobeying the subpoenas or other
1750	1750	process lawfully issued by the committee. The chair of the
1751	1751	committee shall issue, in the name of the committee, the subpoenas
1752	1752	and other process as the committee may direct.
1753	1753	(b) The chair may summon the governing board or other
1754	1754	representatives of a state agency to appear and testify before the
1755	1755	committee without issuing process under Subsection (a) of this
1756	1756	section. The summons may be communicated in writing, orally, or
1757	1757	electronically. If the persons summoned fail or refuse to appear,
1758	1758	the committee may issue process under Subsection (a) of this
1759	1759	section.
1760	1760	Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
1761	1761	prior approval by the Committee on House Administration, witnesses
1762	1762	attending proceedings of any committee under process of the
1763	1763	committee shall be allowed the same mileage and per diem as are
1764	1764	allowed members of the committee when in a travel status, to be paid
1765	1765	out of the contingent expense fund of the house of representatives
1766	1766	on vouchers approved by the chair of the committee, the chair of the
1767	1767	Committee on House Administration, and the speaker of the house.
1768	1768	Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
1769	1769	Each committee is authorized to request the assistance, when
1770	1770	needed, of all state departments, agencies, and offices, and it
1771	1771	shall be the duty of the departments, agencies, and offices to
1772	1772	assist the committee when requested to do so. Each committee shall
1773	1773	have the power and authority to inspect the records, documents, and
1774	1774	files of every state department, agency, and office, to the extent
1775	1775	necessary to the discharge of its duties within the area of its
1776	1776	jurisdiction.
1777	1777	Sec. 23A. ASSISTANCE OF OTHER [HOUSE] MEMBERS OF
1778	1778	LEGISLATURE. At a meeting of a committee, the chair may recognize a
1779	1779	member of the house who is not a member of the committee to provide
1780	1780	information to the committee, and may recognize a member of the
1781	1781	senate for that purpose. Recognition is solely within the
1782	1782	discretion of the chair and is not subject to appeal by that member.
1783	1783	CHAPTER C. COMMITTEE FUNCTIONS
1784	1784	Sec. 24. INTERIM STUDIES. Standing committees, en banc or
1785	1785	by subcommittees, are hereby authorized to conduct studies that are
1786	1786	authorized by the speaker pursuant to Rule 1, Section 17. Studies
1787	1787	may not be authorized by resolution. The speaker may appoint public
1788	1788	citizens and officials of state and local governments to standing
1789	1789	committees to augment the membership for the purpose of interim
1790	1790	studies and shall provide a list of such appointments to the chief
1791	1791	clerk. The chair of the standing committee shall have authority to
1792	1792	name the subcommittees necessary and desirable for the conduct of
1793	1793	the interim studies and shall also prepare a budget for interim
1794	1794	studies for approval by the Committee on House Administration.
1795	1795	Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
1796	1796	CALENDAR. No motion is in order in a committee considering a bill,
1797	1797	resolution, or other matter that would prevent the committee from
1798	1798	reporting it back to the house or placing it on a calendar in
1799	1799	accordance with the Rules of the House.
1800	1800	Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
1801	1801	committee on bills or resolutions referred to it shall be
1802	1802	considered as final unless it is in the form of a favorable report,
1803	1803	an unfavorable report, or a report of inability to recommend a
1804	1804	course of action.
1805	1805	Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
1806	1806	committee to report favorably or unfavorably must receive
1807	1807	affirmative majority votes, majority negative votes to either
1808	1808	motion being insufficient to report. If a committee is unable to
1809	1809	agree on a recommendation for action, as in the case of a tie vote,
1810	1810	it should submit a statement of this fact as its report, and the
1811	1811	house shall decide, by a majority vote, the disposition of the
1812	1812	matter by one of the following alternatives:
1813	1813	(1) leave the bill in the committee for further
1814	1814	consideration;
1815	1815	(2) refer the bill to some other committee; or
1816	1816	(3) order the bill printed, in which case the bill
1817	1817	shall go to the Committee on Calendars for placement on a calendar
1818	1818	and for proposal of an appropriate rule for house consideration.
1819	1819	Sec. 28. MINORITY REPORTS. The report of a minority of a
1820	1820	committee shall be made in the same general form as a majority
1821	1821	report. No minority report shall be recognized by the house unless
1822	1822	it has been signed by not less than 4 members of a committee
1823	1823	consisting of 21 or more members, 3 members of a committee
1824	1824	consisting of less than 21 members and more than 10 members, or 2
1825	1825	members of a committee consisting of 10 or less members. Only
1826	1826	members who were present when the vote was taken on the bill,
1827	1827	resolution, or other matter being reported, and who voted on the
1828	1828	losing side, may sign a minority report. Notice of intention to
1829	1829	file a minority report shall be given to the assembled committee
1830	1830	after the vote on the bill, resolution, or other matter, and before
1831	1831	the recess or adjournment of the committee, provided ample
1832	1832	opportunity is afforded for the giving of notice; otherwise, notice
1833	1833	may be given in writing to the chief clerk within 24 hours after the
1834	1834	recess or adjournment of the committee.
1835	1835	Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
1836	1836	majority report on a bill is unfavorable, and a favorable minority
1837	1837	report is not signed in accordance with Section 28 of this rule and
1838	1838	filed with the chief clerk within two calendar days, exclusive of
1839	1839	Sunday and the date of committee action, the chief clerk shall file
1840	1840	the bill away as dead; except during the last 15 calendar days of a
1841	1841	regular session, or the last 7 calendar days of a special session,
1842	1842	when the chief clerk shall hold a bill only one calendar day,
1843	1843	exclusive of Sunday and the date of committee action, awaiting the
1844	1844	filing of a minority report before the bill is filed away as dead.
1845	1845	If the favorable minority report is properly signed and filed, the
1846	1846	chief clerk shall hold the bill for five legislative days,
1847	1847	exclusive of the legislative day in which the minority report was
1848	1848	filed, awaiting adoption by the house of a motion to print the bill
1849	1849	on minority report. If the motion to print is carried, the bill
1850	1850	shall be printed as if it had been reported favorably, and shall
1851	1851	then be immediately forwarded to the Committee on Calendars for
1852	1852	placement on a calendar and for proposal of an appropriate rule
1853	1853	for house consideration. If a motion to print a bill on minority
1854	1854	report is not made within the five legislative days authorized
1855	1855	above, the chief clerk shall file the bill away as dead. It shall
1856	1856	not be in order to move to recommit a bill adversely reported with
1857	1857	no minority report, except as provided in Section 30 of this rule.
1858	1858	A two-thirds vote of the house shall be required to print on
1859	1859	minority report a joint resolution proposing an amendment to the
1860	1860	Constitution of Texas.
1861	1861	Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
1862	1862	AUTHOR. No adverse report shall be made on any bill or resolution
1863	1863	by any committee without first giving the author or sponsor of the
1864	1864	bill an opportunity to be heard. If it becomes evident to the house
1865	1865	that a bill has been reported adversely without the author or
1866	1866	sponsor having had an opportunity to be heard as provided in this
1867	1867	section, the house may, by a majority vote, order the bill
1868	1868	recommitted even though no minority report was filed in the manner
1869	1869	prescribed by the rules. This provision shall have precedence over
1870	1870	Rule 7, Section 20.
1871	1871	Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
1872	1872	reported adversely, it shall be subject to the same rules that
1873	1873	govern other bills reported adversely.
1874	1874	Sec. 32. FORM OF REPORTS. (a) Reports of standing
1875	1875	committees on bills and resolutions shall be made in duplicate,
1876	1876	with one copy to be filed with the journal clerk for printing in the
1877	1877	journal and the other to accompany the original bill.
1878	1878	(b) All committee reports must be in writing and shall:
1879	1879	(1) be signed by the chair, or the member acting as
1880	1880	chair, or a majority of the membership of the committee;
1881	1881	(2) be addressed to the speaker;
1882	1882	(3) contain a statement of the recommendations of the
1883	1883	committee with reference to the matter which is the subject of the
1884	1884	report;
1885	1885	(4) contain the date the committee made its
1886	1886	recommendation;
1887	1887	(5) indicate whether a copy of a bill or resolution was
1888	1888	forwarded to the Legislative Budget Board for preparation of a
1889	1889	fiscal note or other impact statement, if applicable;
1890	1890	(6) contain the record vote by which the report was
1891	1891	adopted, including the vote of each member of the committee;
1892	1892	(7) contain the recommendation that the bill or
1893	1893	resolution be sent to the Committee on Local and Consent Calendars
1894	1894	for placement on the local, consent, and resolutions calendar if
1895	1895	applicable;
1896	1896	(8) state the name of the primary house sponsor of all
1897	1897	senate bills and resolutions and indicate the names of all joint
1898	1898	sponsors or cosponsors;
1899	1899	(9) include a summary of the committee hearing on the
1900	1900	bill or resolution; [and]
1901	1901	(10) include a list of the names of the persons, other
1902	1902	than members of the legislature, and persons or entities
1903	1903	represented by those persons, who submitted to the committee sworn
1904	1904	statements indicating that the persons were present [were
1905	1905	recognized by the chair to address the committee] in favor of, in
1906	1906	opposition to, or without taking a position on the bill or
1907	1907	resolution. The omission from the list of the name of a person who
1908	1908	submitted a sworn statement regarding a bill or resolution but who
1909	1909	was not recognized by the chair to address the committee is not a
1910	1910	sustainable question of order;
1911	1911	(11) for a joint resolution proposing a constitutional
1912	1912	amendment, include the bill number of any enabling legislation for
1913	1913	the constitutional amendment designated as such by the author or
1914	1914	sponsor of the joint resolution; and
1915	1915	(12) for a bill that is designated by the author or
1916	1916	sponsor of the bill as enabling legislation for a constitutional
1917	1917	amendment proposed by a joint resolution, include the number of the
1918	1918	joint resolution.
1919	1919	(c) Except for the general appropriations bill, each
1920	1920	committee report on a bill or joint resolution, including a
1921	1921	complete committee substitute, and, to the extent considered
1922	1922	necessary by the committee, a committee report on any other
1923	1923	resolution, must include in summary or section-by-section form a
1924	1924	detailed analysis of the subject matter of the bill or resolution,
1925	1925	specifically including:
1926	1926	(1) background information on the proposal and
1927	1927	information on what the bill or resolution proposes to do;
1928	1928	(2) an analysis of the content of the bill or
1929	1929	resolution, including a separate statement that lists each statute
1930	1930	or constitutional provision that is expressly repealed by the bill
1931	1931	or resolution;
1932	1932	(3) a statement indicating whether or not any
1933	1933	rulemaking authority is expressly delegated to a state officer,
1934	1934	department, agency, or institution, and, if so, identifying the
1935	1935	sections of the measure in which that rulemaking authority is
1936	1936	delegated;
1937	1937	(4) a statement of substantial differences between a
1938	1938	complete committee substitute and the original bill; and
1939	1939	(5) a brief explanation of each amendment adopted by
1940	1940	the committee.
1941	1941	(d) The author of a bill or resolution for which an analysis
1942	1942	is required by Subsection (c) of this section and the committee to
1943	1943	which the bill or resolution is referred may request the Texas
1944	1944	Legislative Council to prepare the analysis required by Subsection
1945	1945	(c) of this section.
1946	1946	(e) A committee chair shall provide to the author of a house
1947	1947	measure or sponsor of a senate measure a copy of the analysis
1948	1948	required by Subsection (c) of this section as soon as the analysis
1949	1949	is complete.
1950	1950	(f) A point of order raised as to a violation of Subsection
1951	1951	(c) of this section may be overruled if the analysis is not
1952	1952	materially or substantially misleading.
1953	1953	(g) It shall be the duty of the committee chair, on all
1954	1954	matters reported by the committee, to see that all provisions of
1955	1955	Rule 12 are satisfied. The chair shall strictly construe this
1956	1956	provision to achieve the desired purposes.
1957	1957	Sec. 33. FISCAL NOTES. (a) If the chair of a standing
1958	1958	committee determines that a bill or joint resolution, other than
1959	1959	the general appropriations bill, authorizes or requires the
1960	1960	expenditure or diversion of state funds for any purpose, the chair
1961	1961	shall send a copy of the measure to the Legislative Budget Board for
1962	1962	the preparation of a fiscal note outlining the fiscal implications
1963	1963	and probable cost of the measure.
1964	1964	(b) If the chair of a standing committee determines that a
1965	1965	bill or joint resolution has statewide impact on units of local
1966	1966	government of the same type or class and authorizes or requires the
1967	1967	expenditure or diversion of local funds, or creates or impacts a
1968	1968	local tax, fee, license charge, or penalty, the chair shall send a
1969	1969	copy of the measure to the Legislative Budget Board for the
1970	1970	preparation of a fiscal note outlining the fiscal implications and
1971	1971	probable cost of the measure.
1972	1972	(c) In preparing a fiscal note, the director of the
1973	1973	Legislative Budget Board may utilize information or data supplied
1974	1974	by any person, agency, organization, or governmental unit that the
1975	1975	director deems reliable. If the director determines that the fiscal
1976	1976	implications of the measure cannot be ascertained, the director
1977	1977	shall so state in the fiscal note, in which case the fiscal note
1978	1978	shall be in full compliance with the rules. If the director of the
1979	1979	Legislative Budget Board is unable to acquire or develop sufficient
1980	1980	information to prepare the fiscal note within 15 days of receiving
1981	1981	the measure from the chair of a committee, the director shall so
1982	1982	state in the fiscal note, in which case the note shall be in full
1983	1983	compliance with the rules.
1984	1984	(d) If the chair determines that a fiscal note is required,
1985	1985	copies of the fiscal note must be distributed to the members of the
1986	1986	committee not later than the first time the measure is laid out in a
1987	1987	committee meeting. The fiscal note shall be attached to the measure
1988	1988	on first printing. If the measure is amended by the committee so as
1989	1989	to alter its fiscal implications, the chair shall obtain an updated
1990	1990	fiscal note, which shall also be attached to the measure on first
1991	1991	printing.
1992	1992	(e) All fiscal notes shall remain with the measure
1993	1993	throughout the entire legislative process, including submission to
1994	1994	the governor.
1995	1995	Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
1996	1996	this section that all members of the house are timely informed as to
1997	1997	the impact of proposed legislation on the state or other unit of
1998	1998	government.
1999	1999	(b) If the chair of a standing committee determines that a
2000	2000	bill or joint resolution:
2001	2001	(1) authorizes or requires a change in the sanctions
2002	2002	applicable to adults convicted of felony crimes, the chair shall
2003	2003	send a copy of the measure to the Legislative Budget Board for the
2004	2004	preparation of a criminal justice policy impact statement;
2005	2005	(2) authorizes or requires a change in the public
2006	2006	school finance system, the chair shall send a copy of the measure to
2007	2007	the Legislative Budget Board for the preparation of an equalized
2008	2008	education funding impact statement;
2009	2009	(3) proposes to change benefits or participation in
2010	2010	benefits of a public retirement system or change the financial
2011	2011	obligations of a public retirement system, the chair shall send a
2012	2012	copy of the measure to the Legislative Budget Board for the
2013	2013	preparation of an actuarial impact statement in cooperation with
2014	2014	the State Pension Review Board;
2015	2015	(4) proposes to create a water district under the
2016	2016	authority of Article XVI, Section 59, of the Texas Constitution,
2017	2017	the chair shall send a copy of the measure to the Legislative Budget
2018	2018	Board for the preparation of a water development policy impact
2019	2019	statement; or
2020	2020	(5) creates or impacts a state tax or fee, the chair
2021	2021	shall send a copy of the measure to the Legislative Budget Board for
2022	2022	the preparation of a tax equity note that estimates the general
2023	2023	effects of the proposal on the distribution of tax and fee burdens
2024	2024	among individuals and businesses.
2025	2025	(c) In preparing an impact statement, the director of the
2026	2026	Legislative Budget Board may utilize information or data supplied
2027	2027	by any person, agency, organization, or governmental unit that the
2028	2028	director deems reliable. If the director determines that the
2029	2029	particular implications of the measure cannot be ascertained, the
2030	2030	director shall so state in the impact statement, in which case the
2031	2031	impact statement shall be in full compliance with the rules.
2032	2032	(d) An impact statement is not required to be present before
2033	2033	a measure is laid out in a committee meeting. If timely received,
2034	2034	the impact statement shall be attached to the measure on first
2035	2035	printing. If the measure is amended by the committee so as to alter
2036	2036	its particular implications, the chair shall obtain an updated
2037	2037	impact statement. If timely received, the updated impact statement
2038	2038	shall also be attached to the measure on first printing.
2039	2039	(e) An impact statement that is received after the first
2040	2040	printing of a measure has been distributed to the members shall be
2041	2041	forwarded by the chair of the committee to the committee
2042	2042	coordinator. The committee coordinator shall have the impact
2043	2043	statement printed and distributed to the members.
2044	2044	(f) All impact statements received shall remain with the
2045	2045	measure throughout the entire legislative process, including
2046	2046	submission to the governor.
2047	2047	Sec. 35. REPORTS ON HOUSE AND CONCURRENT
2048	2048	RESOLUTIONS. Committee reports on house and concurrent
2049	2049	resolutions shall be made in the same manner and shall follow the
2050	2050	same procedure as provided for bills, subject to any differences
2051	2051	otherwise authorized or directed by the rules.
2052	2052	Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
2053	2053	action by the house is necessary on the report of a standing
2054	2054	committee. The bill, resolution, or proposition recommended or
2055	2055	reported by the committee shall automatically be before the house
2056	2056	for its consideration after the bill or resolution has been
2057	2057	referred to the appropriate calendars committee for placement on a
2058	2058	calendar and for proposal of an appropriate rule for house
2059	2059	consideration.
2060	2060	Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
2061	2061	committee reports on bills or resolutions shall be immediately
2062	2062	referred to the committee coordinator. The chair of the committee
2063	2063	shall be responsible for delivery of the report to the committee
2064	2064	coordinator.
2065	2065	Sec. 38. DELIVERY OF REPORTS TO CALENDARS
2066	2066	COMMITTEES. After printing, the chief clerk shall be responsible
2067	2067	for delivery of a certified copy of the committee report to the
2068	2068	appropriate calendars committee, which committee shall immediately
2069	2069	accept the bill or resolution for placement on a calendar and for
2070	2070	the proposal of an appropriate rule for house consideration.
2071	2071	Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
2072	2072	power to amend, delete, or change in any way the nature, purpose, or
2073	2073	content of any bill or resolution referred to it, but may draft and
2074	2074	recommend amendments to it, which shall become effective only if
2075	2075	adopted by a majority vote of the house.
2076	2076	Sec. 40. SUBSTITUTES. The committee may adopt and report a
2077	2077	complete germane committee substitute containing the title,
2078	2078	enacting clause, and text of the bill in lieu of an original bill,
2079	2079	in which event the complete substitute bill on committee report
2080	2080	shall be laid before the house and shall be the matter then before
2081	2081	the house for its consideration, instead of the original bill. If
2082	2082	the substitute bill is defeated at any legislative stage, the bill
2083	2083	is considered not passed.
2084	2084	Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
2085	2085	raised that a complete committee substitute is not germane, in
2086	2086	whole or in part, and the point of order is sustained, the committee
2087	2087	substitute shall be returned to the Committee on Calendars, which
2088	2088	may have the original bill printed and distributed and placed on a
2089	2089	calendar in lieu of the substitute or may return the original bill
2090	2090	to the committee from which it was reported for further action.
2091	2091	Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO REPORT.
2092	2092	Should the author or sponsor of the bill, resolution, or other
2093	2093	proposal not be satisfied with the final recommendation or form of
2094	2094	the committee report, the member shall have the privilege of
2095	2095	offering on the floor of the house such amendments or changes as he
2096	2096	or she considers necessary and desirable, and those amendments or
2097	2097	changes shall be given priority during the periods of time when
2098	2098	original amendments are in order under the provisions of Rule 11,
2099	2099	Section 7.
2100	2100	CHAPTER D. SUBCOMMITTEES
2101	2101	Sec. 43. JURISDICTION. Each committee is authorized to
2102	2102	conduct its activities and perform its work through the use of
2103	2103	subcommittees as shall be determined by the chair of the committee.
2104	2104	Subcommittees shall be created, organized, and operated in such a
2105	2105	way that the subject matter and work area of each subcommittee shall
2106	2106	be homogeneous and shall pertain to related governmental
2107	2107	activities. The size and jurisdiction of each subcommittee shall
2108	2108	be determined by the chair of the committee.
2109	2109	Sec. 44. MEMBERSHIP. The chair of each standing committee
2110	2110	shall appoint from the membership of the committee the members who
2111	2111	are to serve on each subcommittee. Any vacancy on a subcommittee
2112	2112	shall be filled by appointment of the chair of the standing
2113	2113	committee. The chair and vice-chair of each subcommittee shall be
2114	2114	named by the chair of the committee.
2115	2115	Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
2116	2116	Procedure of the House of Representatives, to the extent
2117	2117	applicable, shall govern the hearings and operations of each
2118	2118	subcommittee. Subject to the foregoing, and to the extent
2119	2119	necessary for orderly transaction of business, each subcommittee
2120	2120	may promulgate and adopt additional rules and procedures by which
2121	2121	it will function.
2122	2122	Sec. 46. QUORUM. A majority of a subcommittee shall
2123	2123	constitute a quorum, and no action or recommendation of a
2124	2124	subcommittee shall be valid unless taken at a meeting with a quorum
2125	2125	actually present. All reports of a subcommittee must be approved by
2126	2126	record vote by a majority of the membership of the subcommittee.
2127	2127	Minutes of the subcommittee shall be maintained in a manner similar
2128	2128	to that required by the rules for standing committees. Proxies
2129	2129	cannot be used in subcommittees.
2130	2130	Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
2131	2131	the area of its jurisdiction, shall have all of the power,
2132	2132	authority, and rights granted by the Rules of Procedure of the House
2133	2133	of Representatives to the standing committee, except subpoena
2134	2134	power, to the extent necessary to discharge the duties and
2135	2135	responsibilities of the subcommittee.
2136	2136	Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
2137	2137	SUBCOMMITTEE. All bills and resolutions referred to a standing
2138	2138	committee shall be reviewed by the chair to determine appropriate
2139	2139	disposition of the bills and resolutions. All bills and
2140	2140	resolutions shall be considered by the entire standing committee
2141	2141	unless the chair of that standing committee determines to refer the
2142	2142	bills and resolutions to subcommittee. If a bill or resolution is
2143	2143	referred by the chair of the standing committee to a subcommittee,
2144	2144	it shall be considered by the subcommittee in the same form in which
2145	2145	the measure was referred to the standing committee, and any action
2146	2146	taken by the standing committee on a proposed amendment or
2147	2147	committee substitute before a measure is referred to subcommittee
2148	2148	is therefore voided at the time the measure is referred to
2149	2149	subcommittee. The subcommittee shall be charged with the duty and
2150	2150	responsibility of conducting the hearing, doing research, and
2151	2151	performing such other functions as the subcommittee or its parent
2152	2152	standing committee may determine. All meetings of the subcommittee
2153	2153	shall be scheduled by the subcommittee chair, with appropriate
2154	2154	public notice and notification of each member of the subcommittee
2155	2155	under the same rules of procedure as govern the conduct of the
2156	2156	standing committee.
2157	2157	Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
2158	2158	deliberations on a bill, resolution, or other matter referred to
2159	2159	it, the subcommittee may prepare a written report, comprehensive
2160	2160	in nature, for submission to the full committee. The report shall
2161	2161	include background material as well as recommended action and shall
2162	2162	be accompanied by a complete draft of the bill, resolution, or other
2163	2163	proposal in such form as the subcommittee shall determine.
2164	2164	Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
2165	2165	reports shall be directed to the chair of the committee, who shall
2166	2166	schedule meetings of the standing committee from time to time as
2167	2167	necessary and appropriate for the reception of subcommittee reports
2168	2168	and for action on reports by the standing committee. No
2169	2169	subcommittee report shall be scheduled for action by the standing
2170	2170	committee until at least 24 hours after a copy of the subcommittee
2171	2171	report is provided to each member of the standing committee.
2172	2172	CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
2173	2173	Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
2174	2174	HOUSE. The house may resolve itself into a committee of the whole
2175	2175	house to consider any matter referred to it by the house. In
2176	2176	forming a committee of the whole house, the speaker shall vacate the
2177	2177	chair and shall appoint a chair to preside in committee.
2178	2178	Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
2179	2179	the proceedings of the house and those governing committees shall
2180	2180	be observed in committees of the whole, to the extent that they are
2181	2181	applicable.
2182	2182	Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
2183	2183	WHOLE. (a) It shall be in order to move a call of the committee of
2184	2184	the whole at any time to secure and maintain a quorum for the
2185	2185	following purposes:
2186	2186	(1) for the consideration of a certain or specific
2187	2187	matter; or
2188	2188	(2) for a definite period of time; or
2189	2189	(3) for the consideration of any designated class of
2190	2190	bills.
2191	2191	(b) When a call of the committee of the whole is moved and
2192	2192	seconded by 10 members, of whom the chair may be one, and is ordered
2193	2193	by majority vote, the main entrance of the hall and all other doors
2194	2194	leading out of the hall shall be locked, and no member shall be
2195	2195	permitted to leave the hall without written permission. Other
2196	2196	proceedings under a call of the committee shall be the same as under
2197	2197	a call of the house.
2198	2198	Sec. 54. HANDLING OF A BILL. A bill committed to a
2199	2199	committee of the whole house shall be handled in the same manner as
2200	2200	in any other committee. The body of the bill shall not be defaced or
2201	2201	interlined, but all amendments shall be duly endorsed by the chief
2202	2202	clerk as they are adopted by the committee, and so reported to the
2203	2203	house. When a bill is reported by the committee of the whole house
2204	2204	it shall be referred immediately to the appropriate calendars
2205	2205	committee for placement on the appropriate calendar and shall
2206	2206	follow the same procedure as any other bill on committee report.
2207	2207	Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
2208	2208	event that the committee of the whole, at any sitting, fails to
2209	2209	complete its work on any bill or resolution under consideration for
2210	2210	lack of time, or desires to take any action on that measure that is
2211	2211	permitted under the rules for other committees, it may, on a motion
2212	2212	made and adopted by majority vote, rise, report progress, and ask
2213	2213	leave of the house to sit again generally, or at a time certain.
2214	2214	Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
2215	2215	committees made during a session shall be filed with the chief clerk
2216	2216	and printed in the journal, unless otherwise determined by the
2217	2217	house.
2218	2218	CHAPTER F. INTERIM STUDY COMMITTEES
2219	2219	Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
2220	2220	the speaker may create interim study committees to conduct studies
2221	2221	by issuing a proclamation for each committee, which shall specify
2222	2222	the issue to be studied, committee membership, and any additional
2223	2223	authority and duties. A copy of each proclamation creating an
2224	2224	interim study committee shall be filed with the chief clerk. An
2225	2225	interim study committee expires on release of its final report or
2226	2226	when the next legislature convenes, whichever is earlier. An
2227	2227	interim study committee may not be created by resolution.
2228	2228	Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
2229	2229	appoint all members of an interim study committee, which may
2230	2230	include public citizens and officials of state and local
2231	2231	governments. The speaker shall also designate the chair and
2232	2232	vice-chair and may authorize the chair to create subcommittees and
2233	2233	appoint citizen advisory committees.
2234	2234	Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
2235	2235	the proceedings of the house and those governing standing
2236	2236	committees shall be observed by an interim study committee, to the
2237	2237	extent that they are applicable. An interim study committee shall
2238	2238	have the power to issue process and to request assistance of state
2239	2239	agencies as provided for a standing committee in Sections 21, 22,
2240	2240	and 23 of this rule.
2241	2241	Sec. 60. FUNDING AND STAFF. An interim study committee
2242	2242	shall use existing staff resources of its members, standing
2243	2243	committees, house offices, and legislative service agencies. The
2244	2244	chair of an interim study committee shall prepare a detailed budget
2245	2245	for approval by the speaker and the Committee on House
2246	2246	Administration. An interim study committee may accept gifts,
2247	2247	grants, and donations for the purpose of funding its activities as
2248	2248	provided by Sections 301.032(b) and (c), Government Code.
2249	2249	Sec. 61. STUDY REPORTS. (a) The final report or
2250	2250	recommendations of an interim study committee shall be approved by
2251	2251	a majority of the committee membership. Dissenting members may
2252	2252	attach statements to the final report.
2253	2253	(b) An interim study committee shall submit the committee's
2254	2254	final report to the committee coordinator in the manner prescribed
2255	2255	by the committee coordinator. The committee coordinator shall:
2256	2256	(1) distribute copies of the final report to the
2257	2257	speaker, the Legislative Reference Library, and other appropriate
2258	2258	agencies; and
2259	2259	(2) make a copy of the final report available on the
2260	2260	house's Internet website.
2261	2261	(c) [Five copies of the report shall be submitted to the
2262	2262	speaker; 50 copies shall be provided to House Bill Distribution for
2263	2263	sale at cost; and 75 copies shall be provided to the committee
2264	2264	coordinator, who shall make the appropriate distribution to the
2265	2265	Legislative Reference Library and state library and archives.]
2266	2266	This section shall also apply to interim study reports of standing
2267	2267	committees.
2268	2268	Sec. 62. JOINT HOUSE AND SENATE INTERIM
2269	2269	STUDIES. Procedures may be established by a concurrent resolution
2270	2270	adopted by both houses, by which the speaker may authorize and
2271	2271	appoint, jointly with the senate, committees to conduct interim
2272	2272	studies. A copy of the authorization for and the appointments to a
2273	2273	joint interim study committee shall be filed with the chief clerk.
2274	2274	Individual joint interim study committees may not be authorized or
2275	2275	created by resolution.
2276	2276	RULE 5. FLOOR PROCEDURE
2277	2277	CHAPTER A. QUORUM AND ATTENDANCE
2278	2278	Sec. 1. QUORUM. Two-thirds of the house shall constitute a
2279	2279	quorum to do business.
2280	2280	Sec. 2. ROLL CALLS. On every roll call or registration,
2281	2281	the names of the members shall be called or listed, as the case may
2282	2282	be, alphabetically by surname, except when two or more have the same
2283	2283	surname, in which case the initials of the members shall be added.
2284	2284	Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
2285	2285	from the sessions of the house without leave, and no member shall be
2286	2286	excused on his or her own motion.
2287	2287	(b) A leave of absence may be granted by a majority vote of
2288	2288	the house and may be revoked at any time by a similar vote.
2289	2289	(c) Any member granted a leave of absence due to a meeting of
2290	2290	a committee or conference committee that has authority to meet
2291	2291	while the house is in session shall be so designated on each roll
2292	2292	call or registration for which that member is excused.
2293	2293	Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
2294	2294	present and fails or refuses to record on a roll call after being
2295	2295	requested to do so by the speaker shall be recorded as present by
2296	2296	the speaker and shall be counted for the purpose of making a quorum.
2297	2297	Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
2298	2298	order of "No Quorum" shall not be accepted by the chair if the last
2299	2299	roll call showed the presence of a quorum, provided the last roll
2300	2300	call was taken within two hours of the time the point of order is
2301	2301	raised.
2302	2302	(b) If the last roll call was taken more than two hours
2303	2303	before the point of order is raised, it shall be in order for the
2304	2304	member who raised the point of order to request a roll call. Such a
2305	2305	request must be seconded by 25 members. If the request for a roll
2306	2306	call is properly seconded, the chair shall order a roll call.
2307	2307	(c) Once a point of order has been made that a quorum is not
2308	2308	present, it may not be withdrawn after the absence of a quorum has
2309	2309	been ascertained and announced.
2310	2310	Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
2311	2311	registration or record vote reveals that a quorum is not present,
2312	2312	only a motion to adjourn or a motion for a call of the house and the
2313	2313	motions incidental thereto shall be in order.
2314	2314	Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
2315	2315	to move a call of the house at any time to secure and maintain a
2316	2316	quorum for one of the following purposes:
2317	2317	(1) for the consideration of a specific bill,
2318	2318	resolution, motion, or other measure;
2319	2319	(2) for the consideration of any designated class of
2320	2320	bills; or
2321	2321	(3) for a definite period of time.
2322	2322	Motions for, and incidental to, a call of the house are not
2323	2323	debatable.
2324	2324	Sec. 8. SECURING A QUORUM. When a call of the house is
2325	2325	moved for one of the above purposes and seconded by 15 members (of
2326	2326	whom the speaker may be one) and ordered by a majority vote, the
2327	2327	main entrance to the hall and all other doors leading out of the
2328	2328	hall shall be locked and no member permitted to leave the house
2329	2329	without the written permission of the speaker. The names of members
2330	2330	present shall be recorded. All absentees for whom no sufficient
2331	2331	excuse is made may, by order of a majority of those present, be sent
2332	2332	for and arrested, wherever they may be found, by the
2333	2333	sergeant-at-arms or an officer appointed by the sergeant-at-arms
2334	2334	for that purpose, and their attendance shall be secured and
2335	2335	retained. The house shall determine on what conditions they shall
2336	2336	be discharged. Members who voluntarily appear shall, unless the
2337	2337	house otherwise directs, be immediately admitted to the hall of the
2338	2338	house and shall report their names to the clerk to be entered in the
2339	2339	journal as present.
2340	2340	Until a quorum appears, should the roll call fail to show one
2341	2341	present, no business shall be transacted, except to compel the
2342	2342	attendance of absent members or to adjourn. It shall not be in
2343	2343	order to recess under a call of the house.
2344	2344	Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum
2345	2345	is shown to be present, the house may proceed with the matters on
2346	2346	which the call was ordered, or may enforce the call and await the
2347	2347	attendance of as many of the absentees as it desires. When the
2348	2348	house proceeds to the business on which the call was ordered, it
2349	2349	may, by a majority vote, direct the sergeant-at-arms to cease
2350	2350	bringing in absent members.
2351	2351	Sec. 10. REPEATING A RECORD VOTE. When a record vote
2352	2352	reveals the lack of a quorum, and a call is ordered to secure one, a
2353	2353	record vote shall again be taken when the house resumes business
2354	2354	with a quorum present.
2355	2355	CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
2356	2356	Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
2357	2357	persons shall be entitled to the privileges of the floor of the
2358	2358	house when the house is in session: members of the house; employees
2359	2359	of the house when performing their official duties as determined by
2360	2360	the Committee on House Administration; members of the senate;
2361	2361	employees of the senate when performing their official duties; the
2362	2362	Governor of Texas and the governor's executive and administrative
2363	2363	assistant; the lieutenant governor; the secretary of state; duly
2364	2364	accredited reporters, photographers, correspondents, and
2365	2365	commentators of press, radio, and television who have complied with
2366	2366	Sections 20(a), (b), (c), and (d) of this rule; contestants in
2367	2367	election cases pending before the house; and immediate families of
2368	2368	the members of the legislature on such special occasions as may be
2369	2369	determined by the Committee on House Administration.
2370	2370	Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
2371	2371	persons shall be admitted to the area on the floor of the house
2372	2372	enclosed by the railing when the house is in session: members of
2373	2373	the house; members of the senate; the governor; the lieutenant
2374	2374	governor; officers and employees of the senate and house when those
2375	2375	officers and employees are actually engaged in performing their
2376	2376	official duties as determined by the Committee on House
2377	2377	Administration; spouses of members of the house on such occasions
2378	2378	as may be determined by the Committee on House Administration; and,
2379	2379	within the area specifically designated for media
2380	2380	representatives, duly accredited reporters, photographers,
2381	2381	correspondents, and commentators of press, radio, and television
2382	2382	who have complied with Sections 20(a), (b), (c), and (d) of this
2383	2383	rule.
2384	2384	Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
2385	2385	and collectors shall not be admitted to the floor of the house while
2386	2386	the house is in session.
2387	2387	Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
2388	2388	invite a person to address the house while it is in session shall be
2389	2389	in order only if the person invited is entitled to the privileges of
2390	2390	the floor as defined by Section 11 of this rule and if no business is
2391	2391	pending before the house.
2392	2392	Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
2393	2393	a member of the legislature, who is lobbying or working for or
2394	2394	against any pending or prospective legislative measure shall be
2395	2395	permitted on the floor of the house or in the adjacent rooms while
2396	2396	the house is in session.
2397	2397	Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
2398	2398	admitted to the floor of the house under the rules, except the
2399	2399	governor or a member of the legislature, lobbies or works for or
2400	2400	against any pending or prospective legislation or violates any of
2401	2401	the other rules of the house, the privileges extended to that person
2402	2402	under the rules shall be suspended by a majority vote of the
2403	2403	Committee on House Administration. The action of the committee
2404	2404	shall be reviewable by the house only if two members of the
2405	2405	committee request an appeal from the decision of the committee. The
2406	2406	request shall be in the form of a minority report and shall be
2407	2407	subject to the same rules that are applicable to minority reports on
2408	2408	bills. Suspension shall remain in force until the accused person
2409	2409	purges himself or herself and comes within the rules, or until the
2410	2410	house, by majority vote, reverses the action of the committee.
2411	2411	Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
2412	2412	persons shall be admitted to the members lounge at any
2413	2413	time: members of the house; members of the senate; and former
2414	2414	members of the house and senate who are not engaged in any form of
2415	2415	employment requiring them to lobby or work for or against any
2416	2416	pending or prospective legislative measures.
2417	2417	Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
2418	2418	shall be the duty of the Committee on House Administration to
2419	2419	determine what duties are to be discharged by officers and
2420	2420	employees of the house on the floor of the house, specifically in
2421	2421	the area enclosed by the railing, when the house is in session. It
2422	2422	shall be the duty of the speaker to see that the officers and
2423	2423	employees do not violate the regulations promulgated by the
2424	2424	Committee on House Administration.
2425	2425	Sec. 19. PROPER DECORUM. No person shall be admitted to,
2426	2426	or allowed to remain in, the house chamber while the house is in
2427	2427	session unless properly attired, and all gentlemen shall wear a
2428	2428	coat and tie. Food or beverage shall not be permitted in the house
2429	2429	chamber at any time, and no person carrying food or beverage shall
2430	2430	be admitted to the chamber, whether the house is in session or in
2431	2431	recess. Reading newspapers shall not be permitted in the house
2432	2432	chamber while the house is in session. Smoking is not permitted in
2433	2433	the member's lounge or bathrooms. The Committee on House
2434	2434	Administration shall designate an area for smoking that is easily
2435	2435	accessible to the house chamber.
2436	2436	Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the
2437	2437	house is in session, no media representative shall be admitted to
2438	2438	the floor of the house or allowed its privileges unless the person
2439	2439	is a salaried staff correspondent, reporter, or photographer
2440	2440	regularly employed by a newspaper, a press association or news
2441	2441	service serving newspapers, a publication requiring telegraphic
2442	2442	coverage, or a duly licensed radio or television station or
2443	2443	network.
2444	2444	(b) Any media representative seeking admission to the floor
2445	2445	of the house under the provisions of Subsection (a) of this section
2446	2446	must present to the Committee on House Administration fully
2447	2447	accredited credentials from his or her employer certifying that the
2448	2448	media representative is engaged primarily in reporting the sessions
2449	2449	of the legislature. Regularly accredited media representatives who
2450	2450	have duly qualified under the provisions of this section may, when
2451	2451	requested to do so, make recommendations through their professional
2452	2452	committees to the Committee on House Administration as to the
2453	2453	sufficiency or insufficiency of the credentials of any person
2454	2454	seeking admission to the floor of the house under this section.
2455	2455	Every media representative, before being admitted to the
2456	2456	floor of the house during its sessions, shall file with the
2457	2457	Committee on House Administration a written statement showing the
2458	2458	paper or papers, press association, news service, publication
2459	2459	requiring telegraphic coverage, or radio or television station or
2460	2460	network which he or she represents and certifying that no part of
2461	2461	his or her salary for legislative coverage is paid by any person,
2462	2462	firm, corporation, or association except the listed news media
2463	2463	which he or she represents.
2464	2464	(c) If the Committee on House Administration determines
2465	2465	that a person's media credentials meet the requirements of this
2466	2466	section, the committee shall issue a pass card to the person. This
2467	2467	pass card must be presented to the doorkeeper each time the person
2468	2468	seeks admission to the floor of the house while the house is in
2469	2469	session. Pass cards issued under this section shall not be
2470	2470	transferable. Persons admitted to the floor of the house pursuant
2471	2471	to the provisions of this section shall work in appropriate
2472	2472	convenient seats or work stations in the house, which shall be
2473	2473	designated for that purpose by the Committee on House
2474	2474	Administration.
2475	2475	(d) Members of the house shall not engage in interviews and
2476	2476	press conferences on the house floor while the house is in session.
2477	2477	The Committee on House Administration is authorized to enforce this
2478	2478	provision and to prescribe such other regulations as may be
2479	2479	necessary and desirable to achieve these purposes. Persons
2480	2480	governed by this subsection shall be subject to the provisions of
2481	2481	Section 15 of this rule.
2482	2482	(e) Permission to make live or recorded television or radio
2483	2483	broadcasts in or from the house chamber while the house is in
2484	2484	session may be granted only by the Committee on House
2485	2485	Administration. The committee shall promulgate regulations
2486	2486	governing television or radio broadcasts, and such regulations
2487	2487	shall be printed as an addendum to the rules of the house. When
2488	2488	television or radio broadcasts from the floor of the house are
2489	2489	recommended by the Committee on House Administration, the
2490	2490	recommendation shall identify those persons in the technical crews
2491	2491	to whom pass cards to the floor of the house and galleries are to be
2492	2492	issued. Passes granted under this authority shall be subject to
2493	2493	revocation on the recommendation of the Committee on House
2494	2494	Administration. Each committee of the house shall have authority
2495	2495	to determine whether or not to permit television or radio
2496	2496	broadcasts of any of its proceedings.
2497	2497	Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
2498	2498	HOUSE CHAMBER. When the house is not in session, the floor of the
2499	2499	house shall remain open on days and hours determined by the
2500	2500	Committee on House Administration. By resolution, the house may
2501	2501	open the floor of the house during its sessions for the inauguration
2502	2502	of the governor and lieutenant governor and for such other public
2503	2503	ceremonies as may be deemed warranted.
2504	2504	CHAPTER C. SPEAKING AND DEBATE
2505	2505	Sec. 22. ADDRESSING THE HOUSE. When a member desires to
2506	2506	speak or deliver any matter to the house, the member shall rise and
2507	2507	respectfully address the speaker as "Mr. (or Madam) Speaker" and,
2508	2508	on being recognized, may address the house from the microphone at
2509	2509	the reading clerk's desk, and shall confine all remarks to the
2510	2510	question under debate, avoiding personalities.
2511	2511	Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
2512	2512	members rise at once, the speaker shall name the one who is to speak
2513	2513	first. This decision shall be final and not open to debate or
2514	2514	appeal.
2515	2515	Sec. 24. RECOGNITION. (a) Except as otherwise provided
2516	2516	by this section, there [There] shall be no appeal from the speaker's
2517	2517	recognition, but the speaker shall be governed by rules and usage in
2518	2518	priority of entertaining motions from the floor. When a member
2519	2519	seeks recognition, the speaker may ask, "For what purpose does the
2520	2520	member rise?" or "For what purpose does the member seek
2521	2521	recognition?" and may then decide if recognition is to be granted,
2522	2522	except that the speaker shall recognize a member who seeks
2523	2523	recognition on a question of privilege.
2524	2524	(b) If the speaker denies recognition of a member who seeks
2525	2525	recognition on a question of privilege, other than a question of
2526	2526	privilege relating to the right of the house to remove the speaker
2527	2527	and elect a new speaker, the decision of recognition may be appealed
2528	2528	using the procedures provided in Rule 1, Section 9.
2529	2529	(c) If the speaker denies recognition of a member who seeks
2530	2530	recognition on a question of privilege relating to the right of the
2531	2531	house to remove the speaker and elect a new speaker, the member may
2532	2532	appeal the speaker's denial of recognition if the member submits to
2533	2533	the speaker a written request, signed by at least 76 members of the
2534	2534	house, to appeal the decision of recognition. Upon receiving a
2535	2535	request for appeal in accordance with this subsection, the speaker
2536	2536	shall announce the request to the house. The names of the members
2537	2537	who signed the request and the time that the announcement was made
2538	2538	shall be entered in the journal. The appeal of a decision of
2539	2539	recognition under this subsection is eligible for consideration 24
2540	2540	hours after the request for appeal has been announced in accordance
2541	2541	with this subsection. The appeal and consideration of the question
2542	2542	of privilege, if the appeal is successful, takes precedence over
2543	2543	all other questions except motions to adjourn.
2544	2544	Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
2545	2545	member who has the floor shall not be interrupted by another member
2546	2546	for any purpose, unless he or she consents to yield to the other
2547	2547	member. A member desiring to interrupt another in debate should
2548	2548	first address the speaker for the permission of the member
2549	2549	speaking. The speaker shall then ask the member who has the floor
2550	2550	if he or she wishes to yield, and then announce the decision of that
2551	2551	member. The member who has the floor may exercise personal
2552	2552	discretion as to whether or not to yield, and it is entirely within
2553	2553	the member's discretion to determine who shall interrupt and when.
2554	2554	Sec. 26. YIELDING THE FLOOR. A member who obtains the
2555	2555	floor on recognition of the speaker may not be taken off the floor
2556	2556	by a motion, even the highly privileged motion to adjourn, but if
2557	2557	the member yields to another to make a motion or to offer an
2558	2558	amendment, he or she thereby loses the floor.
2559	2559	Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
2560	2560	proposition, or the member reporting any measure from a committee,
2561	2561	or, in the absence of either of them, any other member designated by
2562	2562	such absentee, shall have the right to open and close the debate,
2563	2563	and for this purpose may speak each time not more than 20 minutes.
2564	2564	Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
2565	2565	limited to 10 minutes in duration, except as provided in Section 27
2566	2566	of this rule, and the speaker shall call the members to order at the
2567	2567	expiration of their time. If the house by a majority vote extends
2568	2568	the time of any member, the extension shall be for 10 minutes only.
2569	2569	A second extension of time shall be granted only by unanimous
2570	2570	consent. During the last 10 calendar days of the regular session,
2571	2571	and the last 5 calendar days of a special session, Sundays excepted,
2572	2572	all speeches shall be limited to 10 minutes and shall not be
2573	2573	extended. The time limits established by this rule shall include
2574	2574	time consumed in yielding to questions from the floor.
2575	2575	Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
2576	2576	speak more than twice on the same question without leave of the
2577	2577	house, nor more than once until every member choosing to speak has
2578	2578	spoken, nor shall any member be permitted to consume the time of
2579	2579	another member without leave of the house being given by a majority
2580	2580	vote.
2581	2581	Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
2582	2582	pending question is not disposed of because of an adjournment of the
2583	2583	house, a member who has spoken twice on the subject shall not be
2584	2584	allowed to speak again without leave of the house.
2585	2585	Sec. 31. OBJECTION TO READING A PAPER. When the reading of
2586	2586	a paper is called for, and objection is made, the matter shall be
2587	2587	determined by a majority vote of the house, without debate.
2588	2588	Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
2589	2589	person shall pass between the front and back microphones during
2590	2590	debate or when a member has the floor and is addressing the house.
2591	2591	Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
2592	2592	member, in speaking or otherwise, transgresses the rules of the
2593	2593	house, the speaker shall, or any member may, call the member to
2594	2594	order, in which case the member so called to order shall immediately
2595	2595	be seated; however, that member may move for an appeal to the house,
2596	2596	and if appeal is duly seconded by 10 members, the matter shall be
2597	2597	submitted to the house for decision by majority vote. In such
2598	2598	cases, the speaker shall not be required to relinquish the chair, as
2599	2599	is required in cases of appeals from the speaker's decisions. The
2600	2600	house shall, if appealed to, decide the matter without debate. If
2601	2601	the decision is in favor of the member called to order, the member
2602	2602	shall be at liberty to proceed; but if the decision is against the
2603	2603	member, he or she shall not be allowed to proceed, and, if the case
2604	2604	requires it, shall be liable to the censure of the house, or such
2605	2605	other punishment as the house may consider proper.
2606	2606	Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE
2607	2607	PROCEEDINGS. All proceedings of the house of representatives
2608	2608	shall be electronically recorded under the direction of the
2609	2609	Committee on House Administration. Copies of the proceedings may
2610	2610	be released under guidelines promulgated by the Committee on House
2611	2611	Administration.
2612	2612	CHAPTER D. QUESTIONS OF PRIVILEGE
2613	2613	Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
2614	2614	privilege shall be:
2615	2615	(1) those affecting the rights of the house
2616	2616	collectively, its safety and dignity, and the integrity of its
2617	2617	proceedings, including the right of the house to remove the speaker
2618	2618	and elect a new speaker; and
2619	2619	(2) those affecting the rights, reputation, and
2620	2620	conduct of members individually in their representative capacity
2621	2621	only.
2622	2622	Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
2623	2623	of privilege shall have precedence over all other questions except
2624	2624	motions to adjourn. When in order, a member may address the house
2625	2625	on a question of privilege, or may at any time print it in the
2626	2626	journal, provided it contains no reflection on any member of the
2627	2627	house.
2628	2628	Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a)
2629	2629	It shall not be in order for a member to address the house on a
2630	2630	question of privilege:
2631	2631	(1) between the time an undebatable motion is offered
2632	2632	and the vote is taken on the motion;
2633	2633	(2) between the time the previous question is ordered
2634	2634	and the vote is taken on the last proposition included under the
2635	2635	previous question; or
2636	2636	(3) between the time a motion to table is offered and
2637	2637	the vote is taken on the motion.
2638	2638	(b) If a question of privilege relating to removal of the
2639	2639	speaker and election of a new speaker fails, a subsequent attempt to
2640	2640	remove the same speaker can be made only by reconsidering the vote
2641	2641	by which the original question of privilege failed. Such
2642	2642	reconsideration shall be subject to the rules of the house
2643	2643	governing reconsideration.
2644	2644	Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
2645	2645	INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
2646	2646	members must confine their remarks within the limits of Section 35
2647	2647	of this rule, which will be strictly construed to achieve the
2648	2648	purposes hereof.
2649	2649	(b) When a member is speaking on privilege, the member shall
2650	2650	not be interrupted by another member for any purpose. While the
2651	2651	member is speaking, another member may submit a question of order to
2652	2652	the speaker in writing or by approaching the podium in person. The
2653	2653	member submitting the question of order shall not interrupt the
2654	2654	member who is speaking. The speaker may interrupt the member who is
2655	2655	speaking if the speaker determines it is appropriate to address the
2656	2656	question of order at that time.
2657	2657	Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
2658	2658	of a main or subsidiary motion shall not be discussed or debated
2659	2659	under the guise of speaking to a question of privilege.
2660	2660	CHAPTER E. VOTING
2661	2661	Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
2662	2662	votes, except viva voce votes, members shall record their votes on
2663	2663	the voting machine and shall not be recognized by the chair to cast
2664	2664	their votes from the floor. If a member attempts to vote from the
2665	2665	floor, the speaker shall sustain a point of order directed against
2666	2666	the member's so doing. This rule shall not be applicable to the
2667	2667	mover or the principal opponent of the proposition being voted on
2668	2668	nor to a member whose voting machine is out of order. If a member
2669	2669	demands strict enforcement of this section, Section 47 shall not
2670	2670	apply to the taking of a vote, and the house may discipline a member
2671	2671	in violation of this rule pursuant to its inherent authority.
2672	2672	Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
2673	2673	registration or vote taken on the voting machine of the house shall
2674	2674	in all instances be considered the equivalent of a roll call or yea
2675	2675	and nay vote, which might be had for the same purpose.
2676	2676	Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
2677	2677	member who has a personal or private interest in any measure or bill
2678	2678	proposed or pending before the house shall disclose the fact and not
2679	2679	vote thereon.
2680	2680	Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
2681	2681	house, a quorum being present, the question shall be divided, if it
2682	2682	includes propositions so distinct in substance that, one being
2683	2683	taken away, a substantive proposition remains. A motion for a
2684	2684	division vote cannot be made after the previous question has been
2685	2685	ordered, after a motion to table has been offered, after the
2686	2686	question has been put, nor after the yeas and nays have been
2687	2687	ordered. Under this subsection, the speaker may divide the
2688	2688	question into groups of propositions that are closely related.
2689	2689	Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
2690	2690	present and fails or refuses to vote after being requested to do so
2691	2691	by the speaker shall be recorded as present but not voting, and
2692	2692	shall be counted for the purpose of making a quorum.
2693	2693	Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
2694	2694	member must be on the floor of the house or in an adjacent room or
2695	2695	hallway on the same level as the house floor, in order to vote.
2696	2696	Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
2697	2697	each calendar day in which the house is in session, it shall be the
2698	2698	duty of the journal [voting] clerk to lock the voting machine of
2699	2699	each member who is excused or who is otherwise known to be absent.
2700	2700	Each such machine shall remain locked until the member in person
2701	2701	contacts the journal clerk and personally requests the unlocking of
2702	2702	the machine. Unless otherwise directed by the speaker, the journal
2703	2703	[voting] clerk shall not unlock any machine except at the personal
2704	2704	request of the member to whom the machine is assigned. Any
2705	2705	violation, or any attempt by a member or employee to circumvent the
2706	2706	letter or spirit of this section, shall be reported immediately to
2707	2707	the speaker for such disciplinary action by the speaker, or by the
2708	2708	house, as may be warranted under the circumstances.
2709	2709	Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
2710	2710	guilty by the house of knowingly voting for another member on the
2711	2711	voting machine without that other member's permission shall be
2712	2712	subject to discipline deemed appropriate by the house.
2713	2713	Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
2714	2714	begun, it may not be interrupted for any reason. While a yea and nay
2715	2715	vote is being taken, or the vote is being counted, no member shall
2716	2716	visit the reading clerk's desk or the voting clerk's desk.
2717	2717	Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
2718	2718	allowed to interrupt the vote or to make any explanation of a vote
2719	2719	that the member is about to give after the voting machine has been
2720	2720	opened, but may record in the journal the reasons for giving such a
2721	2721	vote.
2722	2722	(b) A "Reason for Vote" must be in writing and filed with the
2723	2723	journal clerk. If timely received, the "Reason for Vote" shall be
2724	2724	printed immediately following the results of the vote in the
2725	2725	journal. Otherwise, "Reasons for Vote" shall be printed in a
2726	2726	separate section at the end of the journal for the day on which the
2727	2727	reasons were recorded with the journal clerk. Such "Reason for
2728	2728	Vote" shall not deal in personalities or contain any personal
2729	2729	reflection on any member of the legislature, the speaker, the
2730	2730	lieutenant governor, or the governor, and shall not in any other
2731	2731	manner transgress the rules of the house relating to decorum and
2732	2732	debate.
2733	2733	(c) A member absent when a vote was taken may file with the
2734	2734	journal clerk while the house is in session a statement of how the
2735	2735	member would have voted if present. If timely received, the
2736	2736	statement shall be printed immediately following the results of the
2737	2737	vote in the journal. Otherwise, statements shall be printed in a
2738	2738	separate section at the end of the journal for the day on which the
2739	2739	statements were recorded with the journal clerk.
2740	2740	Sec. 50. PAIRS. (a) All pairs must be announced before
2741	2741	the vote is declared by the speaker, and a written statement sent to
2742	2742	the journal clerk. The statement must be signed by the absent
2743	2743	member to the pair, or the member's signature must have been
2744	2744	authorized in writing[, by telegraph,] or by telephone, and
2745	2745	satisfactory evidence presented to the speaker if deemed necessary.
2746	2746	If authorized in writing, the writing shall be delivered to the
2747	2747	chief clerk by personal delivery or by commercially acceptable
2748	2748	means of delivery, including electronic transmission by PDF or
2749	2749	similar secure format that is capable of transmitting an accurate
2750	2750	image of the member's signature. If authorized by telephone, the
2751	2751	call must be to and confirmed by the chief clerk in advance of the
2752	2752	vote to which it applies. Pairs shall be entered in the journal,
2753	2753	and the member present shall be counted to make a quorum.
2754	2754	(b) The speaker may not refuse to recognize a pair that
2755	2755	complies with the requirements of Subsection (a), if both members
2756	2756	consent to the pair.
2757	2757	Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL; EFFECT OF
2758	2758	APPROVAL OF BILL OR JOINT RESOLUTION WITHOUT OBJECTION. (a) At the
2759	2759	desire of any member present, the yeas and nays of the members of
2760	2760	the house on any question shall be taken and entered in the journal.
2761	2761	No member or members shall be allowed to call for a yea and nay vote
2762	2762	after a vote has been declared by the speaker.
2763	2763	(b) A motion to expunge a yea and nay vote from the journal
2764	2764	shall not be in order.
2765	2765	(c) The yeas and nays of the members of the house on final
2766	2766	passage of any bill, and on any joint resolution proposing or
2767	2767	ratifying a constitutional amendment, shall be taken and entered in
2768	2768	the journal. For purposes of this subsection, a vote on final
2769	2769	passage means a vote on:
2770	2770	(1) third reading;
2771	2771	(2) second reading if the house suspends or otherwise
2772	2772	dispenses with the requirement for three readings;
2773	2773	(3) whether to concur in the senate's amendments; or
2774	2774	(4) whether to adopt a conference committee report.
2775	2775	[(d) Passage of a bill or joint resolution "without
2776	2776	objection" is the functional equivalent of a recorded vote in that
2777	2777	the journal will show that every member present must have favored
2778	2778	passage of the measure unless the member exercised the opportunity
2779	2779	to register the member's vote otherwise. However, passage of a bill
2780	2780	or joint resolution "without objection" does not satisfy a
2781	2781	requirement that the vote be taken by yeas and nays and entered in
2782	2782	the journal under the Texas Constitution or another rule, including
2783	2783	Rule 8, Section 19, relating to the vote required for a bill to have
2784	2784	immediate effect.]
2785	2785	Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
2786	2786	Committee on House Administration shall ensure that:
2787	2787	(1) the recorded yeas and nays are available to the
2788	2788	public on the Internet and on any televised broadcast of the house
2789	2789	proceedings produced by or under the direction of the house; and
2790	2790	(2) members of the public may view the yeas and nays in
2791	2791	real time to the extent possible on the Internet and on any
2792	2792	televised broadcast of the house proceedings produced by or under
2793	2793	the direction of the house [not later than one hour after the time
2794	2794	the yeas and nays have been taken and the speaker has declared the
2795	2795	result of the vote].
2796	2796	Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
2797	2797	any question where a record of the yeas and nays has not been
2798	2798	ordered, members may have their votes recorded in the journal as
2799	2799	"yea" or "nay" by filing such information with the journal clerk
2800	2800	before adjournment or recess to another calendar day.
2801	2801	Sec. 53. CHANGING A VOTE. Before the result of a vote has
2802	2802	been finally and conclusively pronounced by the chair, but not
2803	2803	thereafter, a member may change his or her vote; however, if a
2804	2804	member's vote is erroneous, the member shall be allowed to change
2805	2805	that vote at a later time provided:
2806	2806	(1) the result of the record vote is not changed
2807	2807	thereby;
2808	2808	(2) the request is made known to the house by the chair
2809	2809	and permission for the change is granted by unanimous consent; and
2810	2810	(3) a notation is made in the journal that the member's
2811	2811	vote was changed.
2812	2812	Sec. 54. TIE VOTE. All matters on which a vote may be taken
2813	2813	by the house shall require for adoption a favorable affirmative
2814	2814	vote as required by these rules, and in the case of a tie vote, the
2815	2815	matter shall be considered lost.
2816	2816	Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
2817	2817	result of a yea and nay vote is close, the speaker may on the request
2818	2818	of any member order a verification vote, or the speaker may order a
2819	2819	verification on his or her own initiative. During verification, no
2820	2820	member shall change a vote unless it was erroneously recorded, nor
2821	2821	may any member not having voted cast a vote; however, when the clerk
2822	2822	errs in reporting the yeas and nays, and correction thereof leaves
2823	2823	decisive effect to the speaker's vote, the speaker may exercise the
2824	2824	right to vote, even though the result has been announced. A
2825	2825	verification shall be called for immediately after the vote is
2826	2826	announced. The speaker shall not entertain a request for
2827	2827	verification after the house has proceeded to the next question, or
2828	2828	after a recess or an adjournment. A vote to recess or adjourn, like
2829	2829	any other proposition, may be verified. Only one vote verification
2830	2830	can be pending at a time. A verification may be dispensed with by a
2831	2831	two-thirds vote.
2832	2832	Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
2833	2833	allow the verification of a registration (as differentiated from a
2834	2834	record vote) if in the speaker's opinion there is serious doubt as
2835	2835	to the presence of a quorum.
2836	2836	Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
2837	2837	VERIFICATION. A motion for a call of the house, and all incidental
2838	2838	motions relating to it, shall be in order pending the verification
2839	2839	of a vote. These motions must be made before the roll call on
2840	2840	verification begins, and it shall not be in order to break into the
2841	2841	roll call to make them.
2842	2842	Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
2843	2843	VOTE. If, by an error of the voting clerk or reading clerk in
2844	2844	reporting the yeas and nays from a registration or verification,
2845	2845	the speaker announces a result different from that shown by the
2846	2846	registration or verification, the status of the question shall be
2847	2847	determined by the vote as actually recorded. If the vote is
2848	2848	erroneously announced in such a way as to change the true result,
2849	2849	all subsequent proceedings in connection therewith shall fail, and
2850	2850	the journal shall be amended accordingly.
2851	2851	RULE 6. ORDER OF BUSINESS AND CALENDARS
2852	2852	Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
2853	2853	convenes on a new legislative day, the daily order of business shall
2854	2854	be as follows:
2855	2855	(1) Call to order by speaker.
2856	2856	(2) Registration of members.
2857	2857	(3) Prayer by chaplain, unless the invocation has been
2858	2858	given previously on the particular calendar day.
2859	2859	(4) Pledge of allegiance to the United States flag.
2860	2860	(5) Pledge of allegiance to the Texas flag.
2861	2861	(6) Excuses for absence of members and officers.
2862	2862	(7) First reading and reference to committee of bills
2863	2863	filed with the chief clerk; and motions to introduce bills, when
2864	2864	such motions are required.
2865	2865	(8) Requests to print bills and other papers; requests
2866	2866	of committees for further time to consider papers referred to them;
2867	2867	and all other routine motions and business not otherwise provided
2868	2868	for, all of which shall be undebatable except that the mover and one
2869	2869	opponent of the motion shall be allowed three minutes each.
2870	2870	The mover of a routine motion shall be allowed his or her
2871	2871	choice of making the opening or the closing speech under this rule.
2872	2872	If the house, under a suspension of the rules, extends the time of a
2873	2873	member under this rule, such extensions shall be for three minutes.
2874	2874	Subsidiary motions that are applicable to routine motions shall be
2875	2875	in order, but the makers of such subsidiary motions shall not be
2876	2876	entitled to speak thereon in the routine motion period, nor shall
2877	2877	the authors of the original routine motions be allowed any
2878	2878	additional time because of subsidiary motions.
2879	2879	(9) Unfinished business.
2880	2880	(10) Third reading calendars of the house in their
2881	2881	order of priority in accordance with Section 7 of this rule, unless
2882	2882	a different order is determined under other provisions of these
2883	2883	rules.
2884	2884	(11) Postponed matters to be laid before the house in
2885	2885	accordance with Rule 7, Section 15.
2886	2886	(12) Second reading calendars [(11) Calendars] of
2887	2887	the house in their order of priority in accordance with Section 7 of
2888	2888	this rule, unless a different order is determined under other
2889	2889	provisions of these rules.
2890	2890	(b) When the house reconvenes for the first time on a new
2891	2891	calendar day following a recess, the daily order of business shall
2892	2892	be:
2893	2893	(1) Call to order by the speaker.
2894	2894	(2) Registration of members.
2895	2895	(3) Prayer by the chaplain.
2896	2896	(4) Pledge of allegiance to the United States flag.
2897	2897	(5) Pledge of allegiance to the Texas flag.
2898	2898	(6) Excuses for absence of members and officers.
2899	2899	(7) Pending business.
2900	2900	(8) Calendars of the house in their order of priority
2901	2901	in accordance with Section 7 of this rule, unless a different order
2902	2902	is determined under other provisions of these rules.
2903	2903	Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
2904	2904	other measure may on any day be made a special order for the same day
2905	2905	or for a future day of the session by an affirmative vote of
2906	2906	two-thirds of the members present. A motion to set a special order
2907	2907	shall be subject to the three-minute pro and con debate rule. When
2908	2908	once established as a special order, a bill, resolution, or other
2909	2909	measure shall be considered from day to day until disposed of; and
2910	2910	until it has been disposed of, no further special orders shall be
2911	2911	made.
2912	2912	A three-fourths vote of the members present shall be required
2913	2913	to suspend the portion of this rule which specifies that only one
2914	2914	special order may be made and pending at a time.
2915	2915	(b) After the first eight items under the daily order of
2916	2916	business for a legislative day have been passed, a special order
2917	2917	shall have precedence when the hour for its consideration has
2918	2918	arrived, except as provided in Section 9 of this rule.
2919	2919	(c) After the 115th day of a regular session, if a joint
2920	2920	resolution has appeared on a daily house calendar and is adopted,
2921	2921	and a bill that is enabling legislation for the joint resolution is
2922	2922	either on or eligible to be placed on a calendar, the author or
2923	2923	sponsor of the bill or another member may immediately be recognized
2924	2924	for a motion to set the bill that is the enabling legislation as a
2925	2925	special order pursuant to this section. For purposes of this
2926	2926	subsection, the bill must have been designated as the enabling
2927	2927	legislation for the joint resolution in writing filed with the
2928	2928	chief clerk not later than the date the committee report for the
2929	2929	enabling legislation is printed and distributed.
2930	2930	Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
2931	2931	may be postponed to a day certain by a two-thirds vote of those
2932	2932	present, and when so postponed, shall be considered as disposed of
2933	2933	so far as its place as a special order is concerned.
2934	2934	Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
2935	2935	resolution laid on the table subject to call may be made a special
2936	2936	order.
2937	2937	Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
2938	2938	motion is pending to set a particular bill or resolution as a
2939	2939	special order, it shall not be in order to move as a substitute to
2940	2940	set another bill or resolution as a special order. It shall be in
2941	2941	order, however, to substitute, by majority vote, a different time
2942	2942	for the special order consideration than that given in the original
2943	2943	motion.
2944	2944	Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
2945	2945	If a member moves to set a bill or joint resolution as a special
2946	2946	order, or moves to suspend the rules to take up a bill or joint
2947	2947	resolution out of its regular order, and the motion prevails, the
2948	2948	member shall not have the right to make either of these motions
2949	2949	again until every other member has had an opportunity, via either of
2950	2950	these motions, to have some bill or joint resolution considered out
2951	2951	of its regular order during that session of the legislature. A
2952	2952	member shall not lose the suspension privilege if the motion to
2953	2953	suspend or set for special order does not prevail.
2954	2954	Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
2955	2955	the house shall be controlled by a system of calendars, consisting
2956	2956	of the following:
2957	2957	(1) EMERGENCY CALENDAR, on which shall appear bills
2958	2958	considered to be of such pressing and imperative import as to demand
2959	2959	immediate action, bills to raise revenue and levy taxes, and the
2960	2960	general appropriations bill. A bill submitted as an emergency
2961	2961	matter by the governor may also be placed on this calendar.
2962	2962	(2) MAJOR STATE CALENDAR, on which shall appear bills
2963	2963	of statewide effect, not emergency in nature, which establish or
2964	2964	change state policy in a major field of governmental activity and
2965	2965	which will have a major impact in application throughout the state
2966	2966	without regard to class, area, or other limiting factors.
2967	2967	(3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
2968	2968	shall appear joint resolutions proposing amendments to the Texas
2969	2969	Constitution, joint resolutions proposing the ratification of
2970	2970	amendments to the Constitution of the United States, and joint
2971	2971	resolutions applying to Congress for a convention to amend the
2972	2972	Constitution of the United States.
2973	2973	(4) GENERAL STATE CALENDAR, on which shall appear
2974	2974	bills of statewide effect, not emergency in nature, which establish
2975	2975	or change state law and which have application to all areas but are
2976	2976	limited in legal effect by classification or other factors which
2977	2977	minimize the impact to something less than major state policy, and
2978	2978	bills, not emergency in nature, which are not on the local, consent,
2979	2979	and resolutions calendar.
2980	2980	(5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
2981	2981	shall appear bills, house resolutions, and concurrent resolutions,
2982	2982	not emergency in nature, regardless of extent and scope, on which
2983	2983	there is such general agreement as to render improbable any
2984	2984	opposition to the consideration and passage thereof, and which have
2985	2985	been recommended by the appropriate standing committee for
2986	2986	placement on the local, consent, and resolutions calendar by the
2987	2987	Committee on Local and Consent Calendars.
2988	2988	(6) RESOLUTIONS CALENDAR, on which shall appear house
2989	2989	resolutions and concurrent resolutions, not emergency in nature and
2990	2990	not privileged.
2991	2991	(7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
2992	2992	on which shall appear congratulatory and memorial resolutions whose
2993	2993	sole intent is to congratulate, memorialize, or otherwise express
2994	2994	concern or commendation. The Committee on Rules and Resolutions
2995	2995	may provide separate categories for congratulatory and memorial
2996	2996	resolutions.
2997	2997	(b) A calendars committee shall strictly construe and the
2998	2998	speaker shall strictly enforce this system of calendars.
2999	2999	Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
3000	3000	resolutions pending in the house shall follow the same procedure
3001	3001	with regard to calendars as house bills and resolutions, but
3002	3002	separate calendars shall be maintained for senate bills and
3003	3003	resolutions, and consideration of them on senate bill days shall
3004	3004	have priority in the manner and order specified in this rule.
3005	3005	(b) No other business shall be considered on days devoted to
3006	3006	the consideration of senate bills when there remain any bills on any
3007	3007	of the senate calendars, except with the consent of the senate. When
3008	3008	all senate calendars are clear, the house may proceed to
3009	3009	consideration of house calendars on senate bill days.
3010	3010	Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
3011	3011	on calendar Thursday of each week, only senate bills and senate
3012	3012	resolutions shall be taken up and considered, until disposed of.
3013	3013	Senate bills and senate resolutions shall be considered in the
3014	3014	order prescribed in Section 7 of this rule on separate senate
3015	3015	calendars prepared by the Committee on Calendars. In case a senate
3016	3016	bill or senate resolution is pending at adjournment on calendar
3017	3017	Thursday, it shall go over to the succeeding calendar Wednesday as
3018	3018	unfinished business.
3019	3019	(b) Precedence given in Rule 8 to certain classes of bills
3020	3020	during the first 60 calendar days of a regular session shall also
3021	3021	apply to senate bills on senate bill days.
3022	3022	Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
3023	3023	SUBJECT. When any house bill is reached on the calendar or is
3024	3024	before the house for consideration, it shall be the duty of the
3025	3025	speaker to give the place on the calendar of the house bill to any
3026	3026	senate bill containing the same subject that has been referred to
3027	3027	and reported from a committee of the house and to lay the senate
3028	3028	bill before the house, to be considered in lieu of the house bill.
3029	3029	Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
3030	3030	MEMORIAL CALENDARS. As the volume of legislation shall warrant,
3031	3031	the chair of the Committee on Rules and Resolutions shall move to
3032	3032	designate periods for the consideration of congratulatory and
3033	3033	memorial calendars. Each such motion shall require a two-thirds
3034	3034	vote for its adoption. In each instance, the Committee on Rules and
3035	3035	Resolutions shall prepare and distribute to each member a printed
3036	3036	calendar at least 24 hours in advance of the hour set for
3037	3037	consideration. No memorial or congratulatory resolution will be
3038	3038	heard by the full house without having first been approved, at least
3039	3039	24 hours in advance, by a majority of the membership of the
3040	3040	Committee on Rules and Resolutions, in accordance with Rule 4,
3041	3041	Section 16. It shall not be necessary for the Committee on Rules
3042	3042	and Resolutions to report a memorial or congratulatory resolution
3043	3043	from committee in order to place the resolution on a congratulatory
3044	3044	and memorial calendar. If the Committee on Rules and Resolutions
3045	3045	determines that a resolution is not eligible for placement on the
3046	3046	congratulatory and memorial calendar the measure shall be sent to
3047	3047	the Committee on Calendars for further action. A congratulatory
3048	3048	and memorial calendar will contain the resolution number, the
3049	3049	author's name, and a brief description of the intent of the
3050	3050	resolution. On the congratulatory and memorial calendar,
3051	3051	congratulatory resolutions may be listed separately from memorial
3052	3052	resolutions. Once a printed calendar is distributed, no additional
3053	3053	resolutions will be added to it, and the requirements of this
3054	3054	section shall not be subject to suspension.
3055	3055	Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
3056	3056	MEMORIAL CALENDARS. During the consideration of a congratulatory
3057	3057	and memorial calendar, resolutions shall not be read in full unless
3058	3058	they pertain to members or former members of the legislature, or
3059	3059	unless the intended recipient of the resolution is present on the
3060	3060	house floor or in the gallery. All other such resolutions shall be
3061	3061	read only by number, type of resolution, and name of the person or
3062	3062	persons designated in the resolutions. Members shall notify the
3063	3063	chair, in advance of consideration of the calendar, of any
3064	3064	resolutions that will be required to be read in full. In addition,
3065	3065	the following procedures shall be observed:
3066	3066	(1) The chair shall recognize the reading clerk to
3067	3067	read the resolutions within each category on the calendar only by
3068	3068	number, type of resolution, author or sponsor, and name of the
3069	3069	person or persons designated in the resolutions, except for those
3070	3070	resolutions that have been withdrawn or that are required to be read
3071	3071	in full. The resolutions read by the clerk shall then be adopted in
3072	3072	one motion for each category.
3073	3073	(2) Subsequent to the adoption of the resolutions read
3074	3074	by the clerk, the chair shall proceed to lay before the house the
3075	3075	resolutions on the calendar that are required to be read in full.
3076	3076	Each such resolution shall be read and adopted individually.
3077	3077	(3) If it develops that any resolution on the
3078	3078	congratulatory and memorial calendar does not belong on that
3079	3079	calendar, the chair shall withdraw the resolution from further
3080	3080	consideration, remove it from the calendar, and refer it to the
3081	3081	appropriate calendars committee for placement on the proper
3082	3082	calendar.
3083	3083	Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
3084	3084	RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
3085	3085	the chair of the Committee on Local and Consent Calendars shall move
3086	3086	to designate periods for the consideration of local, consent, and
3087	3087	resolutions calendars. Each such motion shall require a
3088	3088	two-thirds vote for its adoption. In each instance, the Committee
3089	3089	on Local and Consent Calendars shall prepare and distribute to each
3090	3090	member a printed calendar at least 48 hours in advance of the hour
3091	3091	set for consideration. Once a printed calendar is distributed, no
3092	3092	additional bills or resolutions will be added to it. This
3093	3093	requirement can be suspended only by unanimous consent. No local,
3094	3094	consent, and resolutions calendar may be considered by the house if
3095	3095	it is determined that the rules of the house were not complied with
3096	3096	by the Committee on Local and Consent Calendars in preparing that
3097	3097	calendar.
3098	3098	Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
3099	3099	RESOLUTIONS CALENDARS. During the consideration of a local,
3100	3100	consent, and resolutions calendar set by the Committee on Local and
3101	3101	Consent Calendars the following procedures shall be observed:
3102	3102	(1) The chair shall allow the sponsor of each bill or
3103	3103	resolution three minutes to explain the measure, and the time shall
3104	3104	not be extended except by unanimous consent of the house. This rule
3105	3105	shall have precedence over all other rules limiting time for
3106	3106	debate.
3107	3107	(2) If it develops that any bill or resolution on a
3108	3108	local, consent, and resolutions calendar is to be contested on the
3109	3109	floor of the house, the chair shall withdraw the bill or resolution
3110	3110	from further consideration and remove it from the calendar.
3111	3111	(3) Any bill or resolution on a local, consent, and
3112	3112	resolutions calendar shall be considered contested if notice is
3113	3113	given by five or more members that they intend to oppose the bill or
3114	3114	resolution, either by a raising of hands or the delivery of written
3115	3115	notice to the chair.
3116	3116	(4) Any bill or resolution on a local, consent, and
3117	3117	resolutions calendar shall be considered contested if debate
3118	3118	exceeds 10 minutes. The chair shall strictly enforce this time
3119	3119	limit and automatically withdraw the bill from further
3120	3120	consideration if the time limit herein imposed is exceeded.
3121	3121	Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
3122	3122	local, consent, and resolutions calendars and congratulatory and
3123	3123	memorial calendars, consideration of calendars shall be in the
3124	3124	order named in Section 7 of this rule, subject to any exceptions
3125	3125	ordered by the Committee on Calendars. Bills [With respect to a
3126	3126	particular calendar, bills] and resolutions on third reading shall
3127	3127	have precedence over bills and resolutions on second reading.
3128	3128	Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
3129	3129	OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
3130	3130	printed daily when the house is in session. A printed copy of each
3131	3131	calendar shall be placed in the newspaper mailbox of each member at
3132	3132	least 36 hours if convened in regular session and 24 hours if
3133	3133	convened in special session before the calendar may be considered
3134	3134	by the house, except as otherwise provided by these rules for the
3135	3135	calendar on which the general appropriations bill is first eligible
3136	3136	for consideration on second reading when convened in regular
3137	3137	session. Deviations from the calendars as printed and distributed
3138	3138	shall not be permitted except that the Committee on Calendars shall
3139	3139	be authorized to print and distribute, not later than two hours
3140	3140	before the house convenes, a supplemental daily house calendar, on
3141	3141	which shall appear:
3142	3142	(1) bills or resolutions which were passed to third
3143	3143	reading on the previous legislative day;
3144	3144	(2) bills or resolutions which appeared on the Daily
3145	3145	House Calendar for a previous calendar day which were not reached
3146	3146	for floor consideration;
3147	3147	(3) postponed business from a previous calendar day;
3148	3148	and
3149	3149	(4) notice to take from the table a bill or resolution
3150	3150	which was laid on the table subject to call on a previous
3151	3151	legislative day.
3152	3152	In addition to the items listed above, the bills and
3153	3153	resolutions from a daily house calendar that will be eligible for
3154	3154	consideration may be incorporated, in their proper order as
3155	3155	determined by these rules, into the supplemental daily house
3156	3156	calendar.
3157	3157	(a-1) If the house is convened in regular session, a printed
3158	3158	copy of the calendar on which the general appropriations bill is
3159	3159	first eligible for consideration on second reading shall be placed
3160	3160	in the newspaper mailbox of each member at least 144 hours before
3161	3161	the calendar may be considered by the house. The printed copy of
3162	3162	that calendar must indicate the date and time at which the calendar
3163	3163	is scheduled for consideration by the house, which date and time
3164	3164	must be in accordance with Rule 8, Section 14.
3165	3165	(b) In addition, when the volume of legislation shall
3166	3166	warrant, and upon request of the speaker, the chief clerk shall have
3167	3167	printed and distributed to the members, a list of Items Eligible for
3168	3168	Consideration, on which shall appear only:
3169	3169	(1) house bills with senate amendments that are
3170	3170	eligible for consideration under Rule 13, Section 5;
3171	3171	(2) senate bills for which the senate has requested
3172	3172	appointment of a conference committee; and
3173	3173	(3) conference committee reports that are eligible for
3174	3174	consideration under Rule 13, Section 10.
3175	3175	(c) A copy of the list of Items Eligible for Consideration
3176	3176	must be placed in the newspaper mailbox of each member at least six
3177	3177	hours before the list may be considered by the house.
3178	3178	(d) The time at which the copies of a calendar or list are
3179	3179	placed in the newspaper mailboxes of the members shall be
3180	3180	time-stamped on the originals of the calendar or list.
3181	3181	(e) No house calendar shall be eligible for consideration if
3182	3182	it is determined that the rules of the house were not complied with
3183	3183	by the Committee on Calendars in preparing that calendar.
3184	3184	(f) If the Committee on Calendars has proposed a rule for
3185	3185	floor consideration of a bill or resolution that is eligible to be
3186	3186	placed on a calendar of the daily house calendar, the rule must be
3187	3187	printed and a copy distributed to each member. If the bill or
3188	3188	resolution to which the rule will apply has already been placed on a
3189	3189	calendar of the daily house calendar, a copy of the rule must be
3190	3190	attached to the printed calendar on which the bill or resolution
3191	3191	appears. The speaker shall lay a proposed rule before the house
3192	3192	prior to the consideration of the bill or resolution to which the
3193	3193	rule will apply. The rule shall [may] be laid before the house not
3194	3194	earlier than six hours [anytime] after a copy of the rule has been
3195	3195	distributed to each member in accordance with this subsection. The
3196	3196	rule shall not be subject to amendment, but to be effective, the
3197	3197	rule must be approved by the house by an affirmative vote of
3198	3198	two-thirds of those members present and voting, except that the
3199	3199	rule must be approved by an affirmative vote of a majority of those
3200	3200	members present and voting if the rule applies to a tax bill, an
3201	3201	appropriations bill, or a redistricting bill. If approved by the
3202	3202	house in accordance with this subsection, the rule will be
3203	3203	effective for the consideration of the bill or resolution on both
3204	3204	second and third readings.
3205	3205	Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
3206	3206	the calendar under Subsection (b) of this section, once [Once] a
3207	3207	bill or resolution is placed on its appropriate calendar under
3208	3208	these rules, and has appeared on a house calendar, as printed and
3209	3209	distributed to all members, the bill shall retain its relative
3210	3210	position on the calendar until reached for floor consideration, and
3211	3211	the calendars committee with jurisdiction over the bill or
3212	3212	resolution shall have no authority to place other bills on the
3213	3213	calendar ahead of that bill, but all additions to the calendar shall
3214	3214	appear subsequent to the bill.
3215	3215	(b) If a bill or resolution that has been placed on a house
3216	3216	calendar, as printed and distributed to all members, is recommitted
3217	3217	or withdrawn from further consideration, the bill or resolution
3218	3218	relinquishes its position on the calendar, and the bill or
3219	3219	resolution shall be removed from the calendar.
3220	3220	Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
3221	3221	as provided in Section 11 of this rule as it relates to
3222	3222	congratulatory and memorial resolutions, no bill or resolution
3223	3223	shall be placed on a calendar until:
3224	3224	(1) it has been referred to and reported from its
3225	3225	appropriate standing committee by favorable committee action; or
3226	3226	(2) it is ordered printed on minority report or after a
3227	3227	committee has reported its inability to recommend a course of
3228	3228	action.
3229	3229	Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
3230	3230	resolutions, on being reported from committee, shall be referred
3231	3231	immediately to the committee coordinator for printing and then to
3232	3232	the appropriate calendars committee for placement on the
3233	3233	appropriate calendar.
3234	3234	Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
3235	3235	30 calendar days after a bill or resolution has been referred to the
3236	3236	appropriate calendars committee, the committee must vote on whether
3237	3237	to place the bill or resolution on one of the calendars of the daily
3238	3238	house calendar or the local, consent, and resolutions calendar, as
3239	3239	applicable. A vote against placement of the bill or resolution on a
3240	3240	calendar does not preclude a calendars committee from later voting
3241	3241	in favor of placement of the bill or resolution on a calendar.
3242	3242	Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
3243	3243	resolution has been in the appropriate calendars committee for 30
3244	3244	calendar days, exclusive of the calendar day on which it was
3245	3245	referred, awaiting placement on one of the calendars of the daily
3246	3246	house calendar or on the local, consent, and resolutions calendar,
3247	3247	it shall be in order for a member to move that the bill or resolution
3248	3248	be placed on a specific calendar of the daily house calendar or on
3249	3249	the local, consent, and resolutions calendar without action by the
3250	3250	committee. This motion must be seconded by five members and shall
3251	3251	require a majority vote for adoption.
3252	3252	(b) A motion to place a bill or resolution on a specific
3253	3253	calendar of the daily house calendar or on the local, consent, and
3254	3254	resolutions calendar is not a privileged motion and must be made
3255	3255	during the routine motion period unless made under a suspension of
3256	3256	the rules.
3257	3257	Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
3258	3258	RESOLUTIONS CALENDAR. No bill or resolution shall be considered
3259	3259	for placement on the local, consent, and resolutions calendar by
3260	3260	the Committee on Local and Consent Calendars unless a request for
3261	3261	that placement has been made to the chair of the standing committee
3262	3262	from which the bill or resolution was reported and unless the
3263	3263	committee report of the standing committee recommends that the bill
3264	3264	or resolution be sent to the Committee on Local and Consent
3265	3265	Calendars for placement on the local, consent, and resolutions
3266	3266	calendar. The recommendation of the standing committee shall be
3267	3267	advisory only, and the Committee on Local and Consent Calendars
3268	3268	shall have final authority to determine whether or not a bill or
3269	3269	resolution shall be placed on the local, consent, and resolutions
3270	3270	calendar. If the Committee on Local and Consent Calendars
3271	3271	determines that the bill or resolution is not eligible for
3272	3272	placement on the local, consent, and resolutions calendar, the
3273	3273	measure shall be sent to the Committee on Calendars for further
3274	3274	action.
3275	3275	Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
3276	3276	CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
3277	3277	bill by Rule 8, Section 10(c), shall be placed on the local,
3278	3278	consent, and resolutions calendar unless:
3279	3279	(1) evidence of publication of notice in compliance
3280	3280	with the Texas Constitution and these rules is filed with the
3281	3281	Committee on Local and Consent Calendars; and
3282	3282	(2) it has been recommended unanimously by the present
3283	3283	and voting members of the committee from which it was reported that
3284	3284	the bill be sent to the Committee on Local and Consent Calendars for
3285	3285	placement on the local, consent, and resolutions calendar.
3286	3286	(b) No other bill or resolution shall be placed on the
3287	3287	local, consent, and resolutions calendar unless it has been
3288	3288	recommended unanimously by the present and voting members of the
3289	3289	committee from which it was reported that the bill be sent to the
3290	3290	Committee on Local and Consent Calendars for placement on the
3291	3291	local, consent, and resolutions calendar.
3292	3292	(c) No bill or resolution shall be placed on the local,
3293	3293	consent, and resolutions calendar that:
3294	3294	(1) directly or indirectly prevents from being
3295	3295	available for purposes of funding state government generally any
3296	3296	money that under existing law would otherwise be available for that
3297	3297	purpose, including a bill that transfers or diverts money in the
3298	3298	state treasury from the general revenue fund to another fund; or
3299	3299	(2) authorizes or requires the expenditure or
3300	3300	diversion of state funds for any purpose, as determined by a fiscal
3301	3301	note attached to the bill.
3302	3302	Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
3303	3303	bill or resolution once removed from the local, consent, and
3304	3304	resolutions calendar shall be returned to the Committee on Local
3305	3305	and Consent Calendars for further action. The Committee on Local
3306	3306	and Consent Calendars, if it feels such action is warranted, may
3307	3307	again place the bill or resolution on the local, consent, and
3308	3308	resolutions calendar, provided, however, that if the bill or
3309	3309	resolution is not placed on the next local, consent, and
3310	3310	resolutions calendar set by the Committee on Local and Consent
3311	3311	Calendars, the bill or resolution shall immediately be referred to
3312	3312	the Committee on Calendars for further action. If the bill or
3313	3313	resolution is then removed from the calendar a second time by being
3314	3314	contested on the floor of the house, the bill or resolution shall
3315	3315	not again be placed on the local, consent, and resolutions calendar
3316	3316	by the Committee on Local and Consent Calendars during that session
3317	3317	of the legislature but shall be returned to the Committee on
3318	3318	Calendars for further action.
3319	3319	Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
3320	3320	the limitations contained in this rule, the Committee on Calendars
3321	3321	shall have full authority to make placements on calendars in
3322	3322	whatever order is necessary and desirable under the circumstances
3323	3323	then existing, except that bills on third reading [on a particular
3324	3324	calendar] shall have precedence over bills on second reading [on
3325	3325	the same calendar]. It is the intent of the calendar system to give
3326	3326	the Committee on Calendars wide discretion to insure adequate
3327	3327	consideration by the house of important legislation.
3328	3328	RULE 7. MOTIONS
3329	3329	CHAPTER A. GENERAL MOTIONS
3330	3330	Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
3331	3331	motions, in addition to any elsewhere provided herein, shall be
3332	3332	decided without debate, except as otherwise provided in these
3333	3333	rules:
3334	3334	(1) to adjourn;
3335	3335	(2) to lay on the table;
3336	3336	(3) to lay on the table subject to call;
3337	3337	(4) to suspend the rule as to the time for introduction
3338	3338	of bills;
3339	3339	(5) to order a call of the house, and all motions
3340	3340	incidental thereto;
3341	3341	(6) an appeal by a member called to order;
3342	3342	(7) on questions relating to priority of business;
3343	3343	(8) to amend the caption of a bill or resolution;
3344	3344	(9) to extend the time of a member speaking under the
3345	3345	previous question or to allow a member who has the right to speak
3346	3346	after the previous question is ordered to yield the time, or a part
3347	3347	of it, to another;
3348	3348	(10) to reconsider and table.
3349	3349	Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
3350	3350	the mover and one opponent of the motion three minutes each during
3351	3351	which to debate the following motions without debating the merits
3352	3352	of the bill, resolution, or other matter, and the mover of the
3353	3353	motion may elect to either open the debate or close the debate, but
3354	3354	the mover's time may not be divided:
3355	3355	(1) to suspend the regular order of business and take
3356	3356	up some measure out of its regular order;
3357	3357	(2) to instruct a committee to report a certain bill or
3358	3358	resolution;
3359	3359	(3) to rerefer a bill or resolution from one committee
3360	3360	to another;
3361	3361	(4) to place a bill or resolution on a specific
3362	3362	calendar without action by the appropriate calendars committee;
3363	3363	(5) to take up a bill or resolution laid on the table
3364	3364	subject to call;
3365	3365	(6) to set a special order;
3366	3366	(7) to suspend the rules;
3367	3367	(8) to suspend the constitutional rule requiring bills
3368	3368	to be read on three several days;
3369	3369	(9) to pass a resolution suspending the joint rules;
3370	3370	(10) to order the previous question;
3371	3371	(11) to order the limiting of amendments to a bill or
3372	3372	resolution;
3373	3373	(12) to print documents, reports, or other material in
3374	3374	the journal;
3375	3375	(13) to take any other action required or permitted
3376	3376	during the routine motion period by Rule 6, Section 1;
3377	3377	(14) to divide the question.
3378	3378	Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
3379	3379	under debate, the following motions, and none other, shall be in
3380	3380	order, and such motions shall have precedence in the following
3381	3381	order:
3382	3382	(1) to adjourn;
3383	3383	(2) to take recess;
3384	3384	(3) to lay on the table;
3385	3385	(4) to lay on the table subject to call;
3386	3386	(5) for the previous question;
3387	3387	(6) to postpone to a day certain;
3388	3388	(7) to commit, recommit, refer, or rerefer;
3389	3389	(8) to amend by striking out the enacting or resolving
3390	3390	clause, which, if carried, shall have the effect of defeating the
3391	3391	bill or resolution;
3392	3392	(9) to amend;
3393	3393	(10) to postpone indefinitely.
3394	3394	Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
3395	3395	been made, the speaker shall state it, or if it is in writing, order
3396	3396	it read by the clerk; and it shall then be in possession of the
3397	3397	house.
3398	3398	Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
3399	3399	the house and entertained by the speaker shall be reduced to writing
3400	3400	on the demand of any member, and shall be entered on the journal
3401	3401	with the name of the member making it.
3402	3402	Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
3403	3403	by the mover at any time before a decision on the motion, even
3404	3404	though an amendment may have been offered and is pending. It cannot
3405	3405	be withdrawn, however, if the motion has been amended. After the
3406	3406	previous question has been ordered, a motion can be withdrawn only
3407	3407	by unanimous consent.
3408	3408	Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
3409	3409	or recess shall always be in order, except:
3410	3410	(1) when the house is voting on another motion;
3411	3411	(2) when the previous question has been ordered and
3412	3412	before the final vote on the main question, unless a roll call shows
3413	3413	the absence of a quorum;
3414	3414	(3) when a member entitled to the floor has not yielded
3415	3415	for that purpose; or
3416	3416	(4) when no business has been transacted since a
3417	3417	motion to adjourn or recess has been defeated.
3418	3418	Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
3419	3419	RECESS. When several motions to recess or adjourn are made at the
3420	3420	same period, the motion to adjourn carrying the shortest time shall
3421	3421	be put first, then the next shortest time, and in that order until a
3422	3422	motion to adjourn has been adopted or until all have been voted on
3423	3423	and lost; and then the same procedure shall be followed for motions
3424	3424	to recess.
3425	3425	Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
3426	3426	RECESS. A motion to adjourn or recess may not be withdrawn when it
3427	3427	is one of a series upon which voting has commenced, nor may an
3428	3428	additional motion to adjourn or recess be made when voting has
3429	3429	commenced on a series of such motions.
3430	3430	Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
3431	3431	vote by which a motion to adjourn or recess is carried or lost shall
3432	3432	not be subject to a motion to reconsider.
3433	3433	Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
3434	3434	number of members than a quorum may adjourn from day to day, and may
3435	3435	compel the attendance of absent members.
3436	3436	Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
3437	3437	carried, shall have the effect of killing the bill, resolution,
3438	3438	amendment, or other immediate proposition to which it was applied.
3439	3439	Such a motion shall not be debatable, but the mover of the
3440	3440	proposition to be tabled, or the member reporting it from
3441	3441	committee, shall be allowed to close the debate after the motion to
3442	3442	table is made and before it is put to a vote. When a motion to table
3443	3443	is made to a debatable main motion, the main motion mover shall be
3444	3444	allowed 20 minutes to close the debate, whereas the movers of other
3445	3445	debatable motions sought to be tabled shall be allowed only 10
3446	3446	minutes to close. The vote by which a motion to table is carried or
3447	3447	lost cannot be reconsidered. After the previous question has been
3448	3448	ordered, a motion to table is not in order. The provisions of this
3449	3449	section do not apply to motions to "lay on the table subject to
3450	3450	call"; however, a motion to lay on the table subject to call cannot
3451	3451	be made after the previous question has been ordered.
3452	3452	Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
3453	3453	resolution, or other matter is pending before the house, it may be
3454	3454	laid on the table subject to call, and one legislative day's notice,
3455	3455	as printed on the Supplemental House Calendar, must be given before
3456	3456	the proposition can be taken from the table, unless it is on the
3457	3457	same legislative day, in which case it can be taken from the table
3458	3458	at any time except when there is another matter pending before the
3459	3459	house. A bill, resolution, or other matter can be taken from the
3460	3460	table only by a majority vote of the house. When a special order is
3461	3461	pending, a motion to take a proposition from the table cannot be
3462	3462	made unless the proposition is a privileged matter.
3463	3463	Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
3464	3464	certain may be amended and is debatable within narrow limits, but
3465	3465	the merits of the proposition sought to be postponed cannot be
3466	3466	debated. A motion to postpone indefinitely opens to debate the
3467	3467	entire proposition to which it applies.
3468	3468	Sec. 15. POSTPONED MATTERS. (a) A bill or proposition
3469	3469	postponed to a day certain shall be laid before the house at the
3470	3470	time on the calendar day to which it was postponed, provided it is
3471	3471	otherwise eligible under the rules and no other business is then
3472	3472	pending. If business is pending, the postponed matter shall be
3473	3473	deferred until the pending business is disposed of without
3474	3474	prejudice otherwise to its right of priority. When a privileged
3475	3475	matter is postponed to a particular time, and that time arrives, the
3476	3476	matter, still retaining its privileged nature, shall be taken up
3477	3477	even though another matter is pending.
3478	3478	(b) Consideration of a bill postponed to a day certain from
3479	3479	the local, consent, and resolutions calendar is governed on second
3480	3480	reading by the rules applicable to the calendar from which it was
3481	3481	postponed to the extent practicable.
3482	3482	Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
3483	3483	two or more bills, resolutions, or other propositions are postponed
3484	3484	to the same time, and are otherwise eligible for consideration at
3485	3485	that time, they shall be considered in the chronological order of
3486	3486	their setting.
3487	3487	Sec. 17. MOTION TO REFER. When motions are made to refer a
3488	3488	subject to a select or standing committee, the question on the
3489	3489	subject's referral to a standing committee shall be put first.
3490	3490	Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
3491	3491	after being defeated at the routine motion period, may again be made
3492	3492	when the bill itself is under consideration; however, a motion to
3493	3493	recommit a bill shall not be in order at the routine motion period
3494	3494	if the bill is then before the house as either pending business or
3495	3495	unfinished business.
3496	3496	A motion to recommit a bill or resolution can be made and
3497	3497	voted on even though the author, sponsor, or principal proponent is
3498	3498	not present.
3499	3499	Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
3500	3500	COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
3501	3501	recommit is debatable within narrow limits, but the merits of the
3502	3502	proposition may not be brought into the debate. A motion to refer,
3503	3503	rerefer, commit, or recommit with instructions is fully debatable.
3504	3504	Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
3505	3505	Except as provided in Rule 4, Section 30, when a bill has been
3506	3506	recommitted once at any reading and has been reported adversely by
3507	3507	the committee to which it was referred, it shall be in order to
3508	3508	again recommit the bill only if a minority report has been filed in
3509	3509	the time required by the rules of the house. A two-thirds vote of
3510	3510	those present shall be required to recommit a second time.
3511	3511	CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
3512	3512	Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
3513	3513	motion for the previous question, which shall be admitted only when
3514	3514	seconded by 25 members. It shall be put by the chair in this manner:
3515	3515	"The motion has been seconded. Three minutes pro and con debate
3516	3516	will be allowed on the motion for ordering the previous question."
3517	3517	As soon as the debate has ended, the chair shall continue: "As many
3518	3518	as are in favor of ordering the previous question on (here state on
3519	3519	which question or questions) will say 'Aye,'" and then, "As many as
3520	3520	are opposed say 'Nay.'" As in all other propositions, a motion for
3521	3521	the previous question may be taken by a record vote if demanded by
3522	3522	any member. If ordered by a majority of the members voting, a
3523	3523	quorum being present, it shall have the effect of cutting off all
3524	3524	debate, except as provided in Section 23 of this rule, and bringing
3525	3525	the house to a direct vote on the immediate question or questions on
3526	3526	which it has been asked and ordered.
3527	3527	Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
3528	3528	motion for the previous question, there shall be no debate except as
3529	3529	provided in Sections 2 and 21 of this rule. All incidental
3530	3530	questions of order made pending decision on such motion shall be
3531	3531	decided, whether on appeal or otherwise, without debate.
3532	3532	Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
3533	3533	ORDERED. After the previous question has been ordered, there shall
3534	3534	be no debate upon the questions on which it has been ordered, or
3535	3535	upon the incidental questions, except that the mover of the
3536	3536	proposition or any of the pending amendments or any other motions,
3537	3537	or the member making the report from the committee, or, in the case
3538	3538	of the absence of either of them, any other member designated by
3539	3539	such absentee, shall have the right to close the debate on the
3540	3540	particular proposition or amendment. Then a vote shall be taken
3541	3541	immediately on the amendments or other motions, if any, and then on
3542	3542	the main question.
3543	3543	Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
3544	3544	ORDERED. All members having the right to speak after the previous
3545	3545	question has been ordered shall speak before the question is put on
3546	3546	the first proposition covered by the previous question. All votes
3547	3547	shall then be taken in the correct order, and no vote or votes shall
3548	3548	be deferred to allow any member to close on any one of the
3549	3549	propositions separately after the voting has commenced.
3550	3550	Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
3551	3551	amendment has been substituted and the previous question is then
3552	3552	moved on the adoption of the amendment as substituted, the author of
3553	3553	the amendment as substituted shall have the right to close the
3554	3554	debate on that amendment in lieu of the author of the original
3555	3555	amendment.
3556	3556	Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
3557	3557	the previous question is ordered on a motion to postpone
3558	3558	indefinitely or to amend by striking out the enacting clause of a
3559	3559	bill, the member moving to postpone or amend shall have the right to
3560	3560	close the debate on that motion or amendment, after which the mover
3561	3561	of the proposition or bill proposed to be so postponed or amended,
3562	3562	or the member reporting it from the committee, or, in the absence of
3563	3563	either of them, any other member designated by the absentee, shall
3564	3564	be allowed to close the debate on the original proposition.
3565	3565	Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
3566	3566	previous question may be asked and ordered on any debatable single
3567	3567	motion or series of motions, or any amendment or amendments
3568	3568	pending, or it may be made to embrace all authorized debatable
3569	3569	motions or amendments pending and include the bill, resolution, or
3570	3570	proposition that is on second or third reading. The previous
3571	3571	question cannot be ordered, however, on the main proposition
3572	3572	without including other pending motions of lower rank as given in
3573	3573	Section 3 of this rule.
3574	3574	Sec. 28. LIMIT OF APPLICATION. The previous question shall
3575	3575	not extend beyond the final vote on a motion or sequence of motions
3576	3576	to which the previous question has been ordered.
3577	3577	Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
3578	3578	Amendments on the speaker's desk for consideration which have not
3579	3579	actually been laid before the house and read cannot be included
3580	3580	under a motion for the previous question.
3581	3581	Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
3582	3582	TABLE. If a motion to table is made directly to a main motion, the
3583	3583	motion for the previous question is not in order. In a case where an
3584	3584	amendment to a main motion is pending, and a motion to table the
3585	3585	amendment is made, it is in order to move the previous question on
3586	3586	the main motion, the pending amendment, and the motion to table the
3587	3587	amendment.
3588	3588	Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
3589	3589	QUESTION. There is no acceptable substitute for a motion for the
3590	3590	previous question, nor can other motions be applied to it.
3591	3591	Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
3592	3592	TABLING. The motion for the previous question is not subject to a
3593	3593	motion to table.
3594	3594	Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
3595	3595	QUESTION ACCEPTED. The motion to adjourn is not in order after a
3596	3596	motion for the previous question is accepted by the chair, or after
3597	3597	the seconding of such motion and before a vote is taken.
3598	3598	Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
3599	3599	After the previous question has been ordered, no motion shall be in
3600	3600	order until the question or questions on which it was ordered have
3601	3601	been voted on, without debate, except:
3602	3602	(1) a motion for a call of the house, and motions
3603	3603	incidental thereto;
3604	3604	(2) a motion to extend the time of a member closing on
3605	3605	a proposition;
3606	3606	(3) a motion to permit a member who has the right to
3607	3607	speak to yield the time or a part thereof to another member;
3608	3608	(4) a request for and a verification of a vote;
3609	3609	(5) a motion to reconsider the vote by which the
3610	3610	previous question was ordered. A motion to reconsider may be made
3611	3611	only once and that must be before any vote under the previous
3612	3612	question has been taken;
3613	3613	(6) a motion to table a motion to reconsider the vote
3614	3614	by which the previous question has been ordered;
3615	3615	(7) a double motion to reconsider and table the vote by
3616	3616	which the previous question was ordered.
3617	3617	Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
3618	3618	QUESTION ORDERED. No motion for an adjournment or a recess shall be
3619	3619	in order after the previous question is ordered until the final vote
3620	3620	under the previous question has been taken, unless the roll call
3621	3621	shows the absence of a quorum.
3622	3622	Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
3623	3623	adjourns without a quorum under the previous question, the previous
3624	3624	question shall remain in force and effect when the bill,
3625	3625	resolution, or other proposition is again laid before the house.
3626	3626	CHAPTER C. RECONSIDERATION
3627	3627	Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
3628	3628	has been decided by the house and the yeas and nays have been called
3629	3629	for and recorded, any member voting with the prevailing side may, on
3630	3630	the same legislative day, or on the next legislative day, move a
3631	3631	reconsideration; however, if a reconsideration is moved on the next
3632	3632	legislative day, it must be done before the order of the day, as
3633	3633	designated in the 10th [11th] item of Rule 6, Section 1(a), is taken
3634	3634	up. If the house refuses to reconsider, or on reconsideration,
3635	3635	affirms its decision, no further action to reconsider shall be in
3636	3636	order.
3637	3637	(b) Where the yeas and nays have not been called for and
3638	3638	recorded, any member, regardless of whether he or she voted on the
3639	3639	prevailing side or not, may make the motion to reconsider; however,
3640	3640	even when the yeas and nays have not been recorded, the following
3641	3641	shall not be eligible to make a motion to reconsider:
3642	3642	(1) a member who was absent;
3643	3643	(2) a member who was paired and, therefore, did not
3644	3644	vote; and
3645	3645	(3) a member who was recorded in the journal as having
3646	3646	voted on the losing side.
3647	3647	(c) A motion to reconsider the vote by which a bill, joint
3648	3648	resolution, or concurrent resolution was defeated is not in order
3649	3649	unless a member has previously provided at least one hour's notice
3650	3650	of intent to make the motion by addressing the house when the house
3651	3651	is in session and stating that a member intends to make a motion to
3652	3652	reconsider the vote by which the bill or resolution was defeated.
3653	3653	It is not necessary for the member providing the notice to be
3654	3654	eligible to make or to be the member who subsequently makes the
3655	3655	motion to reconsider. If notice of intent to make a motion to
3656	3656	reconsider is given within the period that the motion to reconsider
3657	3657	may be made under Subsection (a) of this section and that period
3658	3658	expires during the one-hour period required by this subsection,
3659	3659	then the period within which the motion may be made under Subsection
3660	3660	(a) is extended by the amount of time, not to exceed one hour during
3661	3661	which the house is in session, necessary to satisfy the one-hour
3662	3662	notice required by this subsection. For purposes of this
3663	3663	subsection, a motion to reconsider includes a motion to reconsider
3664	3664	and table and a motion to reconsider and spread on the journal.
3665	3665	Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
3666	3666	reconsider shall be debatable only when the question to be
3667	3667	reconsidered is debatable. Even though the previous question was
3668	3668	in force before the vote on a debatable question was taken, debate
3669	3669	is permissible on the reconsideration of such debatable question.
3670	3670	Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
3671	3671	reconsider shall be decided by a majority vote, even though the vote
3672	3672	on the original question requires a two-thirds vote for affirmative
3673	3673	action. If the motion to reconsider prevails, the question then
3674	3674	immediately recurs on the question reconsidered.
3675	3675	Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
3676	3676	reconsider cannot be withdrawn unless permission is given by a
3677	3677	majority vote of the house, and the motion may be called up by any
3678	3678	member.
3679	3679	Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
3680	3680	reconsider shall be subject to a motion to table, which, if carried,
3681	3681	shall be a final disposition of the motion to reconsider.
3682	3682	Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
3683	3683	motion to reconsider and table shall be in order. It shall be
3684	3684	undebatable. When carried, the motion to reconsider shall be
3685	3685	tabled. When it fails, the question shall then be on the motion to
3686	3686	reconsider, and the motion to reconsider shall, without further
3687	3687	action, be spread on the journal, but it may be called up by any
3688	3688	member, in accordance with the provisions of Section 43 of this
3689	3689	rule.
3690	3690	Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
3691	3691	If a motion to reconsider is not disposed of when made, it shall be
3692	3692	entered in the journal, and cannot, after that legislative day, be
3693	3693	called up and disposed of unless one legislative day's notice has
3694	3694	been given.
3695	3695	(b) Unless called up and disposed of prior to 72 hours
3696	3696	before final adjournment of the session, all motions to reconsider
3697	3697	shall be regarded as determined and lost.
3698	3698	(c) All motions to reconsider made during the last 72 hours
3699	3699	of the session shall be disposed of when made; otherwise, the motion
3700	3700	shall be considered as lost.
3701	3701	Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
3702	3702	member voting on the prevailing side may make a motion to reconsider
3703	3703	and spread on the journal, which does not require a vote, and on the
3704	3704	motion being made, it shall be entered on the journal. Any member,
3705	3705	regardless of whether he or she voted on the prevailing side or not,
3706	3706	who desires immediate action on a motion to reconsider which has
3707	3707	been spread on the journal, can call it up as soon as it is made, and
3708	3708	demand a vote on it, or can call it up and move to table it.
3709	3709	(b) If the motion to table the motion to reconsider is
3710	3710	defeated, the motion to reconsider remains spread on the journal
3711	3711	for future action; however, any member, regardless of whether he or
3712	3712	she voted on the prevailing side or not, can call the motion from
3713	3713	the journal for action by the house, and, once disposed of, no other
3714	3714	motion to reconsider can be made.
3715	3715	Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
3716	3716	the first 76 calendar days of a regular session, when any bill,
3717	3717	resolution, or other paper has been in committee for 6 calendar
3718	3718	days, exclusive of the calendar day on which it was referred, it
3719	3719	shall be in order for a member to move that the committee be
3720	3720	required to report the same within 7 calendar days. This motion
3721	3721	shall require a two-thirds vote for passage.
3722	3722	(b) After the first 76 calendar days of a regular session,
3723	3723	when any bill, resolution, or other paper has been in committee for
3724	3724	6 calendar days, exclusive of the calendar day on which it was
3725	3725	referred, it shall be in order for a member to move that the
3726	3726	committee be required to report the same within 7 calendar days.
3727	3727	This motion shall require a majority vote for passage.
3728	3728	(c) A motion to instruct a committee to report is not a
3729	3729	privileged motion and must be made during the routine motion period
3730	3730	unless made under a suspension of the rules.
3731	3731	(d) The house shall have no authority to instruct a
3732	3732	subcommittee directly; however, instructions recognized under the
3733	3733	rules may be given to a committee and shall be binding on all
3734	3734	subcommittees.
3735	3735	Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
3736	3736	During the first 76 calendar days of a regular session, when any
3737	3737	bill, resolution, or other paper has been in committee for 7
3738	3738	calendar days after the committee was instructed by the house to
3739	3739	report that measure by a motion made under Section 45 of this rule,
3740	3740	it shall be in order for a member to move to rerefer the bill,
3741	3741	resolution, or other paper to a different committee. This motion
3742	3742	shall require a two-thirds vote for passage.
3743	3743	(b) After the first 76 calendar days of a regular session,
3744	3744	when any bill, resolution, or other paper has been in committee for
3745	3745	7 calendar days after the committee has been instructed to report
3746	3746	that measure by a motion made under Section 45 of this rule, it
3747	3747	shall be in order for a member to move to rerefer the bill,
3748	3748	resolution, or other paper to a different committee. This motion
3749	3749	shall require a majority vote for passage.
3750	3750	(c) A motion to rerefer a bill, resolution, or other paper
3751	3751	from one committee to another committee is not a privileged motion
3752	3752	and must be made during the routine motion period unless made under
3753	3753	a suspension of the rules.
3754	3754	RULE 8. BILLS
3755	3755	Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
3756	3756	must be incorporated in bills, which shall consist of:
3757	3757	(1) a title or caption, beginning with the words "A
3758	3758	Bill to be Entitled An Act" and a brief statement that gives the
3759	3759	legislature and the public reasonable notice of the subject of the
3760	3760	proposed measure;
3761	3761	(2) an enacting clause, "Be It Enacted by the
3762	3762	Legislature of the State of Texas"; and
3763	3763	(3) the bill proper.
3764	3764	Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
3765	3765	revived or amended by reference to its title. The act revived, or
3766	3766	the section or sections amended, shall be reenacted and published
3767	3767	at length. This rule does not apply to revisions adopted under
3768	3768	Article III, Section 43, of the Texas Constitution.
3769	3769	Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
3770	3770	(except a general appropriations bill, which may embrace the
3771	3771	various subjects and accounts for which money is appropriated or a
3772	3772	revision adopted under Article III, Section 43, of the Texas
3773	3773	Constitution) shall contain only one subject.
3774	3774	Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
3775	3775	BILL. A general law may not be changed by the provisions in an
3776	3776	appropriations bill.
3777	3777	Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
3778	3778	COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
3779	3779	resolution may have only one primary author. The signature of the
3780	3780	primary author shall be the only signature that appears on the
3781	3781	original measure and all copies filed with the chief clerk. The
3782	3782	signatures of all coauthors or joint authors shall appear on the
3783	3783	appropriate forms in the chief clerk's office.
3784	3784	(b) Any member may become the coauthor of a bill or
3785	3785	resolution by securing permission from the author. If permission
3786	3786	is secured from the author prior to the time the measure is filed
3787	3787	with the chief clerk, the primary author and the coauthor shall sign
3788	3788	the appropriate form, which shall be included with the measure when
3789	3789	it is filed with the chief clerk. If a member wishes to become the
3790	3790	coauthor of a measure after it has been filed, no action shall be
3791	3791	required by the house, but it shall be the duty of the member
3792	3792	seeking to be a coauthor to obtain written authorization on the
3793	3793	appropriate form from the author. This authorization shall be
3794	3794	filed with the chief clerk before the coauthor signs the form for
3795	3795	the bill or resolution. The chief clerk shall report daily to the
3796	3796	journal clerk the names of members filed as coauthors of bills or
3797	3797	resolutions. If a coauthor of a bill or resolution desires to
3798	3798	withdraw from such status, the member shall notify the chief clerk,
3799	3799	who in turn shall notify the journal clerk.
3800	3800	(c) The primary author of a measure may designate up to four
3801	3801	joint authors by providing written authorization on the appropriate
3802	3802	form to the chief clerk. If a member designated as a joint author
3803	3803	has not already signed on the measure as a coauthor, that member
3804	3804	must also sign the form before the records will reflect the joint
3805	3805	author status of that member. The names of all joint authors shall
3806	3806	be shown immediately following the primary author's name on all
3807	3807	official printings of the measure, on all house calendars, in the
3808	3808	house journal, and in the electronic legislative information
3809	3809	system.
3810	3810	(d) The determination of the house sponsor of a senate
3811	3811	measure is made at the time the measure is reported from committee.
3812	3812	In the case of multiple requests for house sponsorship, the house
3813	3813	sponsor of a senate measure shall be determined by the chair of the
3814	3814	committee, in consultation with the senate author of the measure.
3815	3815	The chair of the committee must designate a primary sponsor and may
3816	3816	designate up to four joint sponsors or an unlimited number of
3817	3817	cosponsors. The names of all joint sponsors shall be shown
3818	3818	immediately following the primary sponsor's name on all official
3819	3819	printings of the measure, on all house calendars, in the house
3820	3820	journal, and in the electronic legislative information system.
3821	3821	Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
3822	3822	Each bill shall be filed with the chief clerk when introduced and
3823	3823	shall be numbered in its regular order. Each bill shall be read
3824	3824	first time by caption and referred by the speaker to the appropriate
3825	3825	committee with jurisdiction.
3826	3826	Sec. 7. PREFILING. Beginning the first Monday after the
3827	3827	general election preceding the next regular legislative session, or
3828	3828	within 30 days prior to any special session, it shall be in order to
3829	3829	file with the chief clerk bills and resolutions for introduction in
3830	3830	that session. On receipt of the bills or resolutions, the chief
3831	3831	clerk shall number them and make them a matter of public record,
3832	3832	available for distribution. Once a bill or resolution has been so
3833	3833	filed, it may not be recalled. This shall apply only to
3834	3834	members-elect of the succeeding legislative session.
3835	3835	Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
3836	3836	resolutions introduced during the first 60 calendar days of the
3837	3837	regular session may be considered by the committees and in the house
3838	3838	and disposed of at any time during the session, in accordance with
3839	3839	the rules of the house. After the first 60 calendar days of a
3840	3840	regular session, any bill or joint resolution, except local bills,
3841	3841	emergency appropriations, and all emergency matters submitted by
3842	3842	the governor in special messages to the legislature, shall require
3843	3843	an affirmative vote of four-fifths of those members present and
3844	3844	voting to be introduced.
3845	3845	(b) In addition to a bill defined as a "local bill" under
3846	3846	Section 10(c) of this rule, a bill is considered local for purposes
3847	3847	of this section if it relates to a specified district created under
3848	3848	Article XVI, Section 59, of the Texas Constitution (water
3849	3849	districts, etc.), a specified hospital district, or another
3850	3850	specified special purpose district, even if neither these rules nor
3851	3851	the Texas Constitution require publication of notice for that bill.
3852	3852	Sec. 9. NUMBER OF COPIES FILED. (a) Nine [Thirteen] copies
3853	3853	of every bill, except bills relating to conservation and
3854	3854	reclamation districts and governed by the provisions of Article
3855	3855	XVI, Section 59, of the Texas Constitution, must be filed with the
3856	3856	chief clerk at the time that the bill is introduced.
3857	3857	(b) Eleven [Fifteen] copies of every bill relating to
3858	3858	conservation and reclamation districts and governed by the
3859	3859	provisions of Article XVI, Section 59, of the Texas Constitution,
3860	3860	with copies of the notice to introduce the bill attached, must be
3861	3861	filed with the chief clerk at the time that the bill is introduced
3862	3862	if the bill is intended to:
3863	3863	(1) create a particular conservation and reclamation
3864	3864	district; or
3865	3865	(2) amend the act of a particular conservation and
3866	3866	reclamation district to:
3867	3867	(A) add additional land to the district;
3868	3868	(B) alter the taxing authority of the district;
3869	3869	(C) alter the authority of the district with
3870	3870	respect to issuing bonds; or
3871	3871	(D) alter the qualifications or terms of office
3872	3872	of the members of the governing body of the district.
3873	3873	(c) No bill may be laid before the house on first reading
3874	3874	until it is in compliance with the provisions of this section.
3875	3875	Sec. 10. LOCAL BILLS. (a) The house may not consider a
3876	3876	local bill unless notice of intention to apply for the passage of
3877	3877	the bill was published as provided by law and evidence of the
3878	3878	publication is attached to the bill. If not attached to the bill on
3879	3879	filing with the chief clerk or receipt of the bill from the senate,
3880	3880	copies of the evidence of timely publication shall be filed with the
3881	3881	chief clerk and must be distributed to the members of the committee
3882	3882	not later than the first time the bill is laid out in a committee
3883	3883	meeting. The evidence shall be attached to the bill on first
3884	3884	printing and shall remain with the measure throughout the entire
3885	3885	legislative process, including submission to the governor.
3886	3886	(b) Neither the house nor a committee of the house may
3887	3887	consider a bill whose application is limited to one or more
3888	3888	political subdivisions by means of population brackets or other
3889	3889	artificial devices in lieu of identifying the political subdivision
3890	3890	or subdivisions by name. However, this subsection does not prevent
3891	3891	consideration of a bill that classifies political subdivisions
3892	3892	according to a minimum or maximum population or other criterion
3893	3893	that bears a reasonable relation to the purpose of the proposed
3894	3894	legislation or a bill that updates laws based on population
3895	3895	classifications to conform to a federal decennial census.
3896	3896	(c) Except as provided by Subsection (d) of this section,
3897	3897	"local bill" for purposes of this section means:
3898	3898	(1) a bill for which publication of notice is required
3899	3899	under Article XVI, Section 59, of the Texas Constitution (water
3900	3900	districts, etc.);
3901	3901	(2) a bill for which publication of notice is required
3902	3902	under Article IX, Section 9, of the Texas Constitution (hospital
3903	3903	districts);
3904	3904	(3) a bill relating to hunting, fishing, or
3905	3905	conservation of wildlife resources of a specified locality;
3906	3906	(4) a bill creating or affecting a county court or
3907	3907	statutory court or courts of one or more specified counties or
3908	3908	municipalities;
3909	3909	(5) a bill creating or affecting the juvenile board or
3910	3910	boards of a specified county or counties; or
3911	3911	(6) a bill creating or affecting a road utility
3912	3912	district under the authority of Article III, Section 52, of the
3913	3913	Texas Constitution.
3914	3914	(d) A bill is not considered to be a local bill under
3915	3915	Subsection (c)(3), (4), or (5) if it affects a sufficient number of
3916	3916	localities, counties, or municipalities so as to be of general
3917	3917	application or of statewide importance.
3918	3918	Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
3919	3919	considered unless it first has been referred to a committee and
3920	3920	reported from it.
3921	3921	(b) After a bill has been recommitted, it shall be
3922	3922	considered by the committee as a new subject.
3923	3923	Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
3924	3924	before the house shall be taken up and acted on in the order in which
3925	3925	they appear on their respective calendars, and each calendar shall
3926	3926	have the priority accorded to it by the provisions of Rule 6,
3927	3927	Sections 7 and 8.
3928	3928	Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
3929	3929	that is local as defined by Section 10(c) of this rule and that
3930	3930	appears on a local, consent, and resolutions calendar shall be
3931	3931	considered for any purpose after the 130th day of a regular session,
3932	3932	except to:
3933	3933	(1) act on senate amendments;
3934	3934	(2) adopt a conference committee report;
3935	3935	(3) reconsider the bill to make corrections; or
3936	3936	(4) pass the bill notwithstanding the objections of
3937	3937	the governor.
3938	3938	(b) No other house bill or joint resolution shall be
3939	3939	considered on its second reading after the 122nd day of a regular
3940	3940	session if it appears on a daily or supplemental daily house
3941	3941	calendar, or for any purpose after the 123rd day of a regular
3942	3942	session, except to:
3943	3943	(1) act on senate amendments;
3944	3944	(2) adopt a conference committee report;
3945	3945	(3) reconsider the bill or resolution to make
3946	3946	corrections; or
3947	3947	(4) pass the bill notwithstanding the objections of
3948	3948	the governor.
3949	3949	(c) No senate bill or joint resolution shall be considered
3950	3950	on its second reading after the 134th day of a regular session if it
3951	3951	appears on a daily or supplemental daily house calendar, or for any
3952	3952	purpose after the 135th day of a regular session, except to:
3953	3953	(1) adopt a conference committee report;
3954	3954	(2) reconsider the bill or resolution to remove house
3955	3955	amendments;
3956	3956	(3) reconsider the bill or resolution to make
3957	3957	corrections; or
3958	3958	(4) pass the bill notwithstanding the objections of
3959	3959	the governor.
3960	3960	(d) The speaker shall not lay any bill or joint resolution
3961	3961	before the house or permit a vote to be taken on its passage on the
3962	3962	136th and 137th days of a regular session, except to:
3963	3963	(1) act on senate amendments;
3964	3964	(2) adopt a conference committee report;
3965	3965	(3) reconsider the bill or resolution to remove house
3966	3966	amendments;
3967	3967	(4) reconsider the bill or resolution to make
3968	3968	corrections; or
3969	3969	(5) pass the bill notwithstanding the objections of
3970	3970	the governor.
3971	3971	(e) The speaker shall not lay any bill or joint resolution
3972	3972	before the house or permit a vote to be taken on its passage on the
3973	3973	138th and 139th days of a regular session, except to:
3974	3974	(1) adopt a conference committee report;
3975	3975	(2) reconsider the bill or resolution to remove house
3976	3976	amendments;
3977	3977	(3) discharge house conferees and concur in senate
3978	3978	amendments;
3979	3979	(4) reconsider the bill or resolution to make
3980	3980	corrections; or
3981	3981	(5) pass the bill notwithstanding the objections of
3982	3982	the governor.
3983	3983	(f) No vote shall be taken upon the passage of any bill or
3984	3984	resolution within 24 hours of the final adjournment of a regular
3985	3985	session unless it be to reconsider the bill or resolution to make
3986	3986	corrections, or to adopt a corrective resolution.
3987	3987	Sec. 14. [PRINTED] COPIES REQUIRED PRIOR TO CONSIDERATION.
3988	3988	(a) A printed copy of each bill or resolution, except the general
3989	3989	appropriations bill, shall be placed in the newspaper mailbox of
3990	3990	each member at least 36 hours if convened in regular session and 24
3991	3991	hours if convened in special session before the bill can be
3992	3992	considered by the house on second reading. If a member informs the
3993	3993	chief clerk in writing that the member prefers to receive copies of
3994	3994	bills and resolutions under this section in an electronic format,
3995	3995	compliance with this subsection may be accomplished with respect to
3996	3996	that member by making a copy of a bill or resolution in an
3997	3997	electronic format available for viewing to each member not later
3998	3998	than the time a printed copy of the bill or resolution is placed in
3999	3999	other members' newspaper mailboxes and, when the electronic format
4000	4000	copy of the bill or resolution becomes available, sending notice of
4001	4001	that fact to a Capitol e-mail address designated by the member.
4002	4002	(a-1) A printed copy of the general appropriations bill
4003	4003	shall be placed in the newspaper mailbox of each member at least 168
4004	4004	hours during a regular session and at least 72 hours during a
4005	4005	special session before the bill can be considered by the house on
4006	4006	second reading.
4007	4007	(b) By majority vote, the house may order both the original
4008	4008	bill or resolution and the complete committee substitute to be
4009	4009	printed. It shall not be necessary for the house to order complete
4010	4010	committee substitutes printed in lieu of original bills.
4011	4011	(c) A two-thirds vote of the house is necessary to order
4012	4012	that bills, other than local bills, be not printed. It shall not be
4013	4013	necessary for the house to order that local bills be not printed.
4014	4014	Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
4015	4015	have the force of law until it has been read on three several
4016	4016	legislative days in each house and free discussion allowed, unless
4017	4017	this provision is suspended by a vote of four-fifths of the members
4018	4018	present and voting, a quorum being present. The yeas and nays shall
4019	4019	be taken on the question of suspension and entered in the journal.
4020	4020	Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
4021	4021	consideration of any bill or resolution, the house may, by a
4022	4022	majority vote, order the bill or resolution to be considered
4023	4023	section by section, or department by department, until each section
4024	4024	or department has been given separate consideration. If such a
4025	4025	procedure is ordered, only amendments to the section or department
4026	4026	under consideration at that time shall be in order. However, after
4027	4027	each section or department has been considered separately, the
4028	4028	entire bill or resolution shall be open for amendment, subject to
4029	4029	the provisions of Rule 11, Section 8(b). Once the consideration of
4030	4030	a bill section by section or department by department has been
4031	4031	ordered, it shall not be in order to move the previous question on
4032	4032	the entire bill, to recommit it, to lay it on the table, or to
4033	4033	postpone it, until each section or department has been given
4034	4034	separate consideration or until the vote by which section by
4035	4035	section consideration was ordered is reconsidered.
4036	4036	(b) A motion to consider a bill section by section is
4037	4037	debatable within narrow limits; that is, the pros and cons of the
4038	4038	proposed consideration can be debated but not the merits of the
4039	4039	bill.
4040	4040	Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
4041	4041	bill or complete committee substitute for a bill has been taken up
4042	4042	and read, amendments shall be in order. If no amendment is made, or
4043	4043	if those proposed are disposed of, then the final question on its
4044	4044	second reading shall be, in the case of a house bill, whether it
4045	4045	shall be passed to engrossment, or, in the case of a senate bill,
4046	4046	whether it shall pass to its third reading. All bills ordered
4047	4047	passed to engrossment or passed to a third reading shall remain on
4048	4048	the calendar on which placed, but with future priority over bills
4049	4049	[on the same calendar] that have not passed second reading.
4050	4050	Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
4051	4051	shall certify the final passage of each bill, noting on the bill the
4052	4052	date of its passage, and the vote by which it passed, if by a yea and
4053	4053	nay vote.
4054	4054	Sec. 19. EFFECTIVE DATE. Every law passed by the
4055	4055	legislature, except the General Appropriations Act, shall take
4056	4056	effect or go into force on the 91st day after the adjournment of the
4057	4057	session at which it was enacted, unless the legislature provides
4058	4058	for an earlier effective date by a vote of two-thirds of all the
4059	4059	members elected to each house. The vote shall be taken by yeas and
4060	4060	nays and entered in the journals.
4061	4061	Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
4062	4062	After a bill or resolution has been considered and defeated by
4063	4063	either house of the legislature, no bill or resolution containing
4064	4064	the same substance shall be passed into law during the same session.
4065	4065	Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
4066	4066	In order to assure the continuation of financial support of
4067	4067	existing state services through the passage of the general
4068	4068	appropriations bill, it shall not be in order during the first 118
4069	4069	days of the regular session for the speaker to lay before the house,
4070	4070	prior to the consideration, passage, and certification by the
4071	4071	comptroller of the general appropriations bill, any bill that
4072	4072	directly or indirectly prevents from being available for purposes
4073	4073	of funding state government generally any money that under existing
4074	4074	law would otherwise be available for that purpose, including a bill
4075	4075	that transfers or diverts money in the state treasury from the
4076	4076	general revenue fund to another fund.
4077	4077	(b) In order to assure compliance with the limitation on
4078	4078	appropriations of state tax revenue not dedicated by the
4079	4079	constitution as provided by Article VIII, Section 22, of the Texas
4080	4080	Constitution, it is not in order for the speaker to lay before the
4081	4081	house, prior to the time that the general appropriations bill has
4082	4082	been finally passed and sent to the comptroller, any bill that
4083	4083	appropriates funds from the state treasury that are not dedicated
4084	4084	by the constitution.
4085	4085	(c) When bills subject to the provisions of Subsection (a)
4086	4086	of this section become eligible for consideration, they shall be
4087	4087	considered for passage under the rules of the house and the joint
4088	4088	rules as any other bill but shall not be signed by the speaker as
4089	4089	required by the Constitution of Texas and the rules of the house
4090	4090	until the general appropriations bill has been signed by the
4091	4091	presiding officers of both houses of the legislature and
4092	4092	transmitted to the comptroller of public accounts for certification
4093	4093	as required by Article III, Section 49a, of the Constitution of
4094	4094	Texas.
4095	4095	(d) All bills subject to the provisions of Subsection (a) of
4096	4096	this section that have finally passed both houses shall be enrolled
4097	4097	as required by the rules and transmitted to the speaker. The
4098	4098	speaker shall note on each bill the date and hour of final
4099	4099	legislative action and shall withhold his or her signature and any
4100	4100	further action on all such bills until the general appropriations
4101	4101	bill has been signed by the presiding officers of both houses and
4102	4102	transmitted to the comptroller of public accounts for
4103	4103	certification. Immediately thereafter, the speaker shall sign in
4104	4104	the presence of the house all bills on which further action was
4105	4105	being withheld because the bills were subject to the provisions of
4106	4106	this section. After being signed by the speaker, the bills shall
4107	4107	then be transmitted to the comptroller of public accounts for
4108	4108	certification or to the governor, as the case may be, in the order
4109	4109	in which final legislative action was taken. "Final legislative
4110	4110	action," as that term is used in this subsection, shall mean the
4111	4111	last act of either house meeting in general session necessary to
4112	4112	place the bill in its final form preparatory to enrollment.
4113	4113	(e) Subsections (a)-(d) of this section shall not apply to
4114	4114	any bills providing for:
4115	4115	(1) the payment of expenses of the legislature;
4116	4116	(2) the payment of judgments against the state;
4117	4117	(3) any emergency matter when requested by the
4118	4118	governor in a formal message to the legislature; or
4119	4119	(4) the reduction of taxes.
4120	4120	(f) Unless within the authority of a resolution or
4121	4121	resolutions adopted pursuant to Article VIII, Section 22(b), of the
4122	4122	Texas Constitution, it is not in order for the house to consider for
4123	4123	final passage on third reading, on motion to concur in senate
4124	4124	amendments, or on motion to adopt a conference committee report, a
4125	4125	bill appropriating funds from the state treasury in an amount that,
4126	4126	when added to amounts previously appropriated by bills finally
4127	4127	passed and sent or due to be sent to the comptroller, would exceed
4128	4128	the limit on appropriations established under Chapter 316,
4129	4129	Government Code.
4130	4130	(g) The general appropriations bill shall be reported to the
4131	4131	house by the Committee on Appropriations not later than the 90th
4132	4132	calendar day of the regular session. Should the Committee on
4133	4133	Appropriations fail to report by the deadline, Subsections (a)-(d)
4134	4134	of this section shall be suspended for the balance of that regular
4135	4135	session.
4136	4136	RULE 9. JOINT RESOLUTIONS
4137	4137	Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
4138	4138	proposed amendment to the Texas Constitution shall take the form of
4139	4139	a joint resolution, which shall be subject to the rules that govern
4140	4140	the proceedings on bills, except as provided by this section.
4141	4141	(b) A joint resolution is not subject to the provisions of
4142	4142	Rule 8, Section 3, or Rule 11, Section 3.
4143	4143	(c) A joint resolution shall be adopted on any reading
4144	4144	after the first if it receives a two-thirds vote of the elected
4145	4145	membership of the house. If such a joint resolution receives only a
4146	4146	majority vote on second reading, it shall be passed to engrossment,
4147	4147	and subsequent proceedings shall be the same as those governing the
4148	4148	final passage of bills which have been passed to engrossment. If
4149	4149	such a joint resolution does not receive a two-thirds vote of the
4150	4150	elected membership of the house on third reading and final passage,
4151	4151	it shall fail of adoption.
4152	4152	Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
4153	4153	CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
4154	4154	proposed amendment to or application to Congress for a convention
4155	4155	to amend the Constitution of the United States shall take the form
4156	4156	of a joint resolution, which shall be subject to the rules that
4157	4157	govern the proceedings on bills, except that it shall be adopted on
4158	4158	second reading if it receives a majority vote of the members present
4159	4159	and voting, a quorum being present. If such a joint resolution
4160	4160	fails to receive a majority vote, it shall fail of adoption and
4161	4161	shall not be considered again unless revived by a motion to
4162	4162	reconsider as otherwise provided in the rules.
4163	4163	Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
4164	4164	resolutions on committee report shall be referred to the Committee
4165	4165	on Calendars for placement on an appropriate calendar. The
4166	4166	Committee on Calendars shall maintain a separate calendar for house
4167	4167	joint resolutions and a separate calendar for senate joint
4168	4168	resolutions. Senate joint resolutions shall be considered on
4169	4169	calendar Wednesdays and calendar Thursdays along with senate bills.
4170	4170	RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
4171	4171	Sec. 1. FILING. Resolutions shall be introduced by the
4172	4172	filing of nine [13] identical copies with the chief clerk, who shall
4173	4173	number and record house resolutions in one series and concurrent
4174	4174	resolutions in a separate series.
4175	4175	Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
4176	4176	recording, all resolutions shall be sent to the speaker for
4177	4177	referral to the proper committee.
4178	4178	(b) Resolutions proposing the expenditure of money out of
4179	4179	the contingent expense fund of the legislature shall be referred to
4180	4180	the Committee on House Administration.
4181	4181	(c) All other resolutions shall be referred to the
4182	4182	appropriate committee with jurisdiction.
4183	4183	Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
4184	4184	on committee report, other than privileged resolutions, shall be
4185	4185	referred immediately to the appropriate calendars committee for
4186	4186	placement on the appropriate calendar.
4187	4187	Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
4188	4188	resolutions shall be considered by the house only at the time
4189	4189	assigned for their consideration on the calendar, in accordance
4190	4190	with the provisions of Rule 6, Section 7.
4191	4191	Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
4192	4192	on final passage of a resolution other than a resolution of a purely
4193	4193	ceremonial or honorary nature must be by record vote with the vote
4194	4194	of each member entered in the journal as required by Section 12(b),
4195	4195	Article III, Texas Constitution.
4196	4196	Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
4197	4197	take the same course as house resolutions, except that they shall be
4198	4198	sent to the governor for signing when finally passed by both houses.
4199	4199	Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
4200	4200	office of mascot shall be named in and elected by a single house
4201	4201	resolution.
4202	4202	(b) Only children of house members who are under the age of
4203	4203	12 years shall be eligible for election to the honorary office of
4204	4204	mascot. A child once named a mascot shall not be eligible for the
4205	4205	honor a second time.
4206	4206	(c) No separate classification or special title shall be
4207	4207	given to any mascot, but all shall receive the same title of
4208	4208	honorary mascot of the house of representatives.
4209	4209	(d) The speaker shall issue a certificate showing the
4210	4210	election of each mascot and deliver it to the parent member of the
4211	4211	child.
4212	4212	Pictures of mascots shall appear on the panel picture of the
4213	4213	house.
4214	4214	Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
4215	4215	SESSIONS. The subject matter of house resolutions and concurrent
4216	4216	resolutions does not have to be submitted by the governor in a
4217	4217	called session before they can be considered.
4218	4218	Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
4219	4219	Resolutions authorizing the enrolling clerk of the house or senate
4220	4220	to make technical corrections to a measure that has been finally
4221	4221	acted upon by both houses of the legislature shall be privileged in
4222	4222	nature and need not be referred to committee. Such resolutions
4223	4223	shall be eligible for consideration by the house upon introduction
4224	4224	in the house or receipt from the senate.
4225	4225	Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
4226	4226	RESOLUTION. The enrolled printing of a house congratulatory or
4227	4227	memorial resolution shall include a place for the signature of the
4228	4228	primary author of the resolution. The chief clerk shall provide the
4229	4229	primary author with the opportunity to sign the resolution after
4230	4230	the resolution is enrolled. The absence of the primary author's
4231	4231	signature does not affect the validity of the resolution as adopted
4232	4232	by the house.
4233	4233	RULE 11. AMENDMENTS
4234	4234	Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
4235	4235	resolution, motion, or proposition is under consideration, a motion
4236	4236	to amend and a motion to amend that amendment shall be in order. It
4237	4237	shall also be in order to offer a further amendment by way of a
4238	4238	substitute. Such a substitute may not be amended. If the
4239	4239	substitute is adopted, the question shall then be on the amendment
4240	4240	as substituted, and under this condition an amendment is not in
4241	4241	order.
4242	4242	Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
4243	4243	AMENDMENTS. No motion or proposition on a subject different from
4244	4244	the subject under consideration shall be admitted as an amendment
4245	4245	or as a substitute for the motion or proposition under debate.
4246	4246	"Proposition" as used in this section shall include a bill,
4247	4247	resolution, joint resolution, or any other motion which is
4248	4248	amendable.
4249	4249	Amendments pertaining to the organization, powers,
4250	4250	regulation, and management of the agency, commission, or advisory
4251	4251	committee under consideration are germane to bills extending state
4252	4252	agencies, commissions, or advisory committees under the provisions
4253	4253	of the Texas Sunset Act (Chapter 325, Government Code).
4254	4254	An amendment to a committee substitute laid before the house
4255	4255	in lieu of an original bill is germane if each subject of the
4256	4256	amendment is a subject that is included in the committee substitute
4257	4257	or was included in the original bill.
4258	4258	Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
4259	4259	bill shall be amended in its passage through either house so as to
4260	4260	change its original purpose.
4261	4261	Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
4262	4262	CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
4263	4263	resolution shall not be in order during its consideration on a
4264	4264	local, consent, and resolutions calendar set by the Committee on
4265	4265	Local and Consent Calendars, unless the amendments have first been
4266	4266	submitted to and approved by the Committee on Local and Consent
4267	4267	Calendars, which shall be noted thereon by the chair of the
4268	4268	Committee on Local and Consent Calendars prior to the offering of
4269	4269	the amendments.
4270	4270	Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
4271	4271	taken up on its third reading, amendments shall be in order, but
4272	4272	shall require a two-thirds vote of the members present for their
4273	4273	adoption. A bill on third reading may be recommitted to a committee
4274	4274	and later reported to the house with amendments, in which case the
4275	4275	bill shall again take the course of a bill at its second reading.
4276	4276	Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
4277	4277	amendment shall be filed with the speaker. When the amendment is
4278	4278	read, two copies shall go to the chief clerk, one copy to the
4279	4279	journal clerk, one copy to the reading clerk, and one copy to the
4280	4280	speaker. No amendment offered from the floor shall be in order
4281	4281	unless the sponsoring member has complied with the provisions of
4282	4282	this section with respect to copies of the amendment. The chief
4283	4283	clerk shall retain one copy of each amendment filed with the speaker
4284	4284	under this section whether or not the amendment was offered by the
4285	4285	filing member.
4286	4286	(b) Prior to the time that an amendment is offered, if the
4287	4287	amendment exceeds one page in length, the sponsoring member must
4288	4288	provide to the chief clerk a minimum of 15 copies to be available
4289	4289	for distribution to those members requesting copies of the
4290	4290	amendment.
4291	4291	(c) If the amendment is only one page in length or less, the
4292	4292	sponsoring member must provide one additional copy of the amendment
4293	4293	to the chief clerk, who shall immediately proceed to have
4294	4294	additional copies made and available for those members requesting
4295	4295	copies of the amendment.
4296	4296	(d) The provisions of this section with respect to extra
4297	4297	copies shall not apply to committee amendments or to amendments
4298	4298	which do nothing more than delete material from the bill or
4299	4299	resolution.
4300	4300	(e) The speaker shall not recognize a member to offer an
4301	4301	original amendment that exceeds one page in length and that is in
4302	4302	the form of a complete substitute for the bill or resolution laid
4303	4303	before the house, or in the opinion of the speaker is a substantial
4304	4304	substitute, unless 25 copies of the amendment have been provided to
4305	4305	the chief clerk and were available in the chief clerk's office at
4306	4306	least 12 hours prior to the time the calendar on which the bill or
4307	4307	resolution to be amended is eligible for consideration.
4308	4308	(f) An amendment may be typed, hand-printed, or
4309	4309	handwritten, but must be legible in order to be offered.
4310	4310	(g) The speaker shall not recognize a member to offer an
4311	4311	original amendment to a bill extending an agency, commission, or
4312	4312	advisory committee under the Texas Sunset Act unless 25 copies of
4313	4313	the amendment have been provided to the chief clerk and were
4314	4314	available in the chief clerk's office at least 12 hours prior to the
4315	4315	time the calendar on which the bill or resolution to be amended is
4316	4316	eligible for consideration.
4317	4317	(h) If the house is convened in regular session, the speaker
4318	4318	shall not recognize a member to offer an original amendment to the
4319	4319	general appropriations bill on second reading unless 25 copies of
4320	4320	the amendment have been provided to the chief clerk and were
4321	4321	available in the chief clerk's office at least 72 hours prior to the
4322	4322	time the calendar on which the general appropriations bill appears
4323	4323	for second reading is first eligible for consideration.
4324	4324	(i) The Committee on House Administration shall ensure
4325	4325	that:
4326	4326	(1) the floor amendment system through which members
4327	4327	of the house may view an electronic image of current or past
4328	4328	amendments, or the system's successor in function, is available to
4329	4329	the public on the Internet; and
4330	4330	(2) members of the public using the system available
4331	4331	on the Internet may view the same information that members may view
4332	4332	at the same time that members may view the information.
4333	4333	Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
4334	4334	motions to amend shall be offered in the following order:
4335	4335	(1) motions to amend by striking out the enacting
4336	4336	clause of a bill (or the resolving clause of a resolution), which
4337	4337	amendment cannot be amended or substituted;
4338	4338	(2) motions to amend an original bill, resolution,
4339	4339	motion, or proposition (other than substitute bills as provided for
4340	4340	in Subdivision (3) below), which shall have precedence as follows:
4341	4341	(A) original amendment;
4342	4342	(B) amendment to the amendment;
4343	4343	(C) substitute for the amendment to the
4344	4344	amendment.
4345	4345	Recognition for the offering of original amendments shall be
4346	4346	as follows: first, the main author; second, the member or members
4347	4347	offering the committee amendment; and third, members offering other
4348	4348	amendments from the floor;
4349	4349	(3) motions to amend an original bill by striking out
4350	4350	all after the enacting clause (substitute bills), which substitute
4351	4351	bills shall be subject to amendment as follows:
4352	4352	(A) amendment to the substitute bill;
4353	4353	(B) substitute for the amendment to the
4354	4354	substitute bill.
4355	4355	Recognition for offering such substitute bills shall be as
4356	4356	follows: first, the main author of the original bill, if the
4357	4357	member has not sought to perfect the bill by amendments as provided
4358	4358	for in Subdivision (2) above; second, the member or members
4359	4359	offering the committee amendment; and, third, members offering
4360	4360	amendments from the floor.
4361	4361	It shall be in order under the procedure described in this
4362	4362	subdivision to have as many as four complete measures pending
4363	4363	before the house at one time; that is, an original bill, an
4364	4364	amendment striking out all after the enacting clause of the bill and
4365	4365	inserting a new bill body, an amendment to the amendment striking
4366	4366	out all after the enacting clause of the bill and inserting a new
4367	4367	bill body, and a substitute for this amendment to the amendment to
4368	4368	the original bill which is also a new bill body. These "substitute
4369	4369	bills" shall be voted on in the reverse order of their offering;
4370	4370	(4) motions to amend the caption of a bill or joint
4371	4371	resolution, which may also be offered in accordance with Section
4372	4372	9(a) of this rule.
4373	4373	Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
4374	4374	out and to insert new matter in lieu of that to be stricken out shall
4375	4375	be regarded as a substitute and shall be indivisible.
4376	4376	(b) Matter inserted or stricken out of an original bill by
4377	4377	way of amendment may not be taken out or reinserted at a later time
4378	4378	on the same reading except under the following conditions:
4379	4379	(1) reconsideration of the inserting or deleting
4380	4380	amendment;
4381	4381	(2) adoption of a "substitute bill" amendment;
4382	4382	(3) adoption of an amendment for a whole paragraph,
4383	4383	section or subdivision of a bill which so materially changes the
4384	4384	original text that the portion inserted or deleted is in fact of
4385	4385	minor importance.
4386	4386	Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
4387	4387	of a bill or resolution shall not be in order until all other
4388	4388	proposed amendments have been acted on and the house is ready to
4389	4389	vote on the passage of the measure, and it shall then be decided
4390	4390	without debate.
4391	4391	(b) If the previous question has been ordered on a bill or
4392	4392	joint resolution at any reading, an amendment to the caption of that
4393	4393	bill or joint resolution may be offered and voted on immediately
4394	4394	preceding the final vote on the bill or joint resolution.
4395	4395	Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
4396	4396	amendments shall be admitted only when seconded by 25 members. The
4397	4397	motion may take either of two forms:
4398	4398	(1) to limit amendments to those pending before the
4399	4399	house; or
4400	4400	(2) to limit amendments to those pending on the
4401	4401	speaker's desk.
4402	4402	(b) The motion shall be put by the chair in this manner: "The
4403	4403	motion has been seconded. Three minutes pro and con debate will be
4404	4404	allowed on the motion to limit amendments." As soon as the debate
4405	4405	has ended, the chair shall continue: "As many as are in favor of
4406	4406	limiting amendments on (here state on which question or questions)
4407	4407	will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
4408	4408	all other propositions, a motion to limit amendments shall be
4409	4409	decided by a record vote if demanded by any member. If ordered by a
4410	4410	majority of the members voting, a quorum being present, the motion
4411	4411	shall have the effect of confining further debate and consideration
4412	4412	to those amendments included within the motion, and thereafter the
4413	4413	chair will accept no more amendments to the proposition to which the
4414	4414	motion is applied.
4415	4415	(c) The motion to limit amendments, if adopted, shall not in
4416	4416	any way cut off or limit debate or other parliamentary maneuvers on
4417	4417	the pending proposition or propositions or amendment or amendments
4418	4418	included within the motion. The sole function of the motion is to
4419	4419	prevent the chair from accepting further amendments to the
4420	4420	proposition to which the motion is applied.
4421	4421	(d) Except as otherwise provided, the motion to limit
4422	4422	amendments shall have no effect on the parliamentary situation to
4423	4423	which the motion is applied, and the matter to which the motion is
4424	4424	applied shall continue to be considered by the house in all other
4425	4425	respects as though the motion had not been made.
4426	4426	(e) The amendments that are included within the motion to
4427	4427	limit amendments shall each be subject to amendment, if otherwise
4428	4428	permitted under the rules.
4429	4429	Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
4430	4430	motion to limit amendments is not subject to a motion to table.
4431	4431	Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
4432	4432	is offered, followed by an amendment to that amendment, and then a
4433	4433	substitute for the amendment to the amendment, these questions
4434	4434	shall be voted on in the reverse order of their offering.
4435	4435	Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
4436	4436	amendment is adopted, such action shall be certified by the chief
4437	4437	clerk on the amendment, and the official copy of the amendment shall
4438	4438	then be securely attached to the bill or resolution which it amends.
4439	4439	RULE 12. PRINTING
4440	4440	Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
4441	4441	Except as otherwise provided in this rule, all bills and joint
4442	4442	resolutions shall be printed and a copy provided to each member at
4443	4443	each of the following stages in the parliamentary progress of the
4444	4444	bill or joint resolution:
4445	4445	(1) at the time of the committee report on the bill or
4446	4446	joint resolution, which shall be known as "First Printing" and
4447	4447	which shall consist of:
4448	4448	(A) a complete text of the bill or joint
4449	4449	resolution as reported from committee;
4450	4450	(B) a complete copy of the bill analysis, a
4451	4451	complete copy of the summary of committee action, and a complete
4452	4452	copy of the witness list;
4453	4453	(C) the text of the committee report;
4454	4454	(D) the record vote by which the measure was
4455	4455	reported from committee, including the vote of individual members;
4456	4456	(E) a copy of the latest fiscal note; and
4457	4457	(F) a copy of each impact statement received by
4458	4458	the committee;
4459	4459	(2) at the time the bill or joint resolution, if
4460	4460	amended, finally passes the senate, senate amendments and house
4461	4461	engrossment text will be printed, which shall be known as "Second
4462	4462	Printing"; and
4463	4463	(3) at the time the conference committee, if any,
4464	4464	makes its report on the bill or joint resolution, which shall be
4465	4465	known as "Third Printing."
4466	4466	(b) In any section of the first printing of a bill or joint
4467	4467	resolution that proposes to amend an existing statute or
4468	4468	constitutional provision, language sought to be deleted must be
4469	4469	bracketed and stricken through, and language sought to be added
4470	4470	must be underlined. This requirement does not apply to:
4471	4471	(1) an appropriations bill;
4472	4472	(2) a local bill;
4473	4473	(3) a game bill;
4474	4474	(4) a recodification bill;
4475	4475	(5) a redistricting bill;
4476	4476	(6) a section of a bill or joint resolution not
4477	4477	purporting to amend an existing statute or constitutional
4478	4478	provision;
4479	4479	(7) a section of a bill or joint resolution that
4480	4480	revises the entire text of an existing statute or constitutional
4481	4481	provision, to the extent that it would confuse rather than clarify
4482	4482	to show deletions and additions; and
4483	4483	(8) a section of a bill or joint resolution providing
4484	4484	for severability, nonseverability, emergency, or repeal of an
4485	4485	existing statute or constitutional provision.
4486	4486	(c) The speaker may overrule a point of order raised as to a
4487	4487	violation of Subsection (b) of this section if the violation is
4488	4488	typographical or minor and does not tend to deceive or mislead.
4489	4489	(d) If a member informs the chief clerk that the member
4490	4490	prefers to receive copies of first printings in an electronic
4491	4491	format, the requirement to provide a copy of a first printing to
4492	4492	that member may be accomplished by making a copy of a first printing
4493	4493	in an electronic format available for viewing to each member and,
4494	4494	when the electronic format copy of the first printing becomes
4495	4495	available, sending notice of that fact to a Capitol e-mail address
4496	4496	designated by the member.
4497	4497	Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
4498	4498	after the first printing except when ordered printed by a majority
4499	4499	vote of the house.
4500	4500	Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
4501	4501	shall be printed only if the resolution:
4502	4502	(1) grants permission to sue the state;
4503	4503	(2) memorializes Congress to take or to refrain from
4504	4504	taking certain action;
4505	4505	(3) sets legislative policy or declares legislative
4506	4506	intent;
4507	4507	(4) makes corrective changes in any bill, joint
4508	4508	resolution, or conference committee report;
4509	4509	(5) establishes or interprets policy for a state
4510	4510	agency, department, or political subdivision;
4511	4511	(6) establishes, modifies, or changes internal
4512	4512	procedures or administration of the legislature or any component
4513	4513	part thereof;
4514	4514	(7) proposes an amendment to the Joint Rules of the
4515	4515	Senate and the House of Representatives; or
4516	4516	(8) is ordered printed by a majority vote of the house.
4517	4517	Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
4518	4518	printed only if the resolution:
4519	4519	(1) proposes an amendment to the rules of the house;
4520	4520	(2) establishes, modifies, or changes the internal
4521	4521	procedures and administration of the house;
4522	4522	(3) establishes legislative policy or interprets
4523	4523	legislative intent; or
4524	4524	(4) is ordered printed by a majority of the house.
4525	4525	Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
4526	4526	REQUIREMENTS. Except for matter to be printed in the journal, all
4527	4527	requirements contained in the rules with respect to the printing of
4528	4528	bills, resolutions, reports, and other matters shall be considered
4529	4529	complied with if the material is adequately and properly reproduced
4530	4530	by any acceptable means of reproduction.
4531	4531	RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
4532	4532	CHAPTER A. MESSAGES
4533	4533	Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
4534	4534	communications from the governor shall be received when announced,
4535	4535	and shall be read on the calendar day received.
4536	4536	Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
4537	4537	the senate shall be received when announced. Senate bills
4538	4538	announced as passed shall be read for the first time and referred to
4539	4539	the appropriate committee as soon as practicable.
4540	4540	(b) Messages from the senate announcing amendments to house
4541	4541	bills and resolutions, nonconcurrence in house amendments to senate
4542	4542	bills and resolutions, requests for conference committees, reports
4543	4543	of conference committees, and all other matters of disagreement,
4544	4544	amendments, and requests between the two houses, shall go to the
4545	4545	speaker's desk in their regular order, but may be called up for
4546	4546	action by the house at any time as a privileged matter, yielding
4547	4547	only to a motion to adjourn.
4548	4548	CHAPTER B. SENATE AMENDMENTS
4549	4549	Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
4550	4550	resolution, or other matter is returned to the house with senate
4551	4551	amendments, the house may:
4552	4552	(1) agree to the amendments; or
4553	4553	(2) disagree to all of the amendments and ask for a
4554	4554	conference committee; or
4555	4555	(3) agree to one or more of the amendments and disagree
4556	4556	as to the remainder and request a conference committee to consider
4557	4557	those in disagreement; or
4558	4558	(4) agree to one or more and disagree as to the
4559	4559	remainder; or
4560	4560	(5) disagree to all amendments.
4561	4561	Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
4562	4562	IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
4563	4563	amendments thereto must be adopted by a vote of two-thirds of the
4564	4564	elected membership of the house.
4565	4565	Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
4566	4566	to house bills and resolutions must be printed and copies provided
4567	4567	to the members at least 24 hours before any action can be taken
4568	4568	thereon by the house during a regular or special session.
4569	4569	(b) When a house bill or joint resolution, other than the
4570	4570	general appropriations bill, with senate amendments is returned to
4571	4571	the house, the chief clerk shall request the Legislative Budget
4572	4572	Board to prepare a fiscal note outlining the fiscal implications
4573	4573	and probable cost of the measure as impacted by the senate
4574	4574	amendments. A copy of the fiscal note shall be distributed with the
4575	4575	senate amendments on their printing before any action can be taken
4576	4576	on the senate amendments by the house.
4577	4577	(c) When a house bill or joint resolution, other than the
4578	4578	general appropriations bill, with senate amendments is returned to
4579	4579	the house, the chief clerk shall request the Texas Legislative
4580	4580	Council to prepare an analysis that describes the substantive
4581	4581	changes made to the house version of the bill by the senate
4582	4582	amendments. A copy of the council's analysis of senate amendments
4583	4583	shall be provided to the members electronically or as a printed copy
4584	4584	at least 12 hours before action is taken on the senate amendments by
4585	4585	the house. The Texas Legislative Council shall make all reasonable
4586	4586	efforts to timely provide the analysis in as accurate a form as time
4587	4587	allows. However, an unavoidable inability to provide the analysis
4588	4588	or an inadvertent error in the analysis is not a sustainable
4589	4589	question of order.
4590	4590	(d) When a house bill or joint resolution for which a tax
4591	4591	equity note was required under Rule 4, Section 34(b)(5), is
4592	4592	returned to the house with senate amendments, the chief clerk shall
4593	4593	request the Legislative Budget Board to prepare a tax equity note
4594	4594	estimating the general effects of the senate amendments on the
4595	4595	distribution of tax and fee burdens among individuals and
4596	4596	businesses. A copy of the updated tax equity note shall be made
4597	4597	available to each member, in some format, before any vote on the
4598	4598	floor can be taken on the senate amendments by the house.
4599	4599	Sec. 5A. RETURN OF NONGERMANE SENATE AMENDMENTS BY SPEAKER.
4600	4600	When a house bill or joint resolution, other than the general
4601	4601	appropriations bill, with senate amendments is returned to the
4602	4602	house, the speaker, with the permission of the primary author of the
4603	4603	bill or resolution, may return the bill or resolution to the senate
4604	4604	if the speaker determines that the senate amendments are not
4605	4605	germane to the house version of the bill or resolution. The speaker
4606	4606	may act under this section without regard to whether the bill or
4607	4607	resolution is eligible for consideration by the house. If the
4608	4608	speaker returns a bill or resolution to the senate under this
4609	4609	section, the speaker shall attach to the bill or resolution a
4610	4610	statement of the speaker's action that includes an explanation of
4611	4611	the speaker's determination, and shall enter the statement in the
4612	4612	journal as soon as practicable.
4613	4613	CHAPTER C. CONFERENCE COMMITTEES
4614	4614	Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
4615	4615	between the senate and the house by committee, the number of
4616	4616	committee members from each house shall be five. All votes on
4617	4617	matters of difference shall be taken by each committee separately.
4618	4618	A majority of each committee shall be required to determine the
4619	4619	matter in dispute. Reports by conference committees must be signed
4620	4620	by a majority of each committee of the conference.
4621	4621	(b) A copy of the report signed by a majority of each
4622	4622	committee of the conference must be furnished to each member of the
4623	4623	committee in person or if unable to deliver in person by placing a
4624	4624	copy in the member's newspaper mailbox at least one hour before the
4625	4625	report is furnished to each member of the house under Section 10(a)
4626	4626	of this rule. The paper copies of the report submitted to the chief
4627	4627	clerk under Section 10(b) of this rule must contain a certificate
4628	4628	that the requirement of this subsection has been satisfied, and
4629	4629	that certificate must be attached to the printed copy of the report
4630	4630	furnished to each member under Section 10(d) of this rule. Failure
4631	4631	to comply with this subsection is not a sustainable point of order
4632	4632	under this rule.
4633	4633	Sec. 7. MEETINGS. House conferees when meeting with senate
4634	4634	conferees to adjust differences shall meet in public and shall give
4635	4635	a reasonable amount of notice of the meeting in the place designated
4636	4636	for giving notice of meetings of house standing committees. Any
4637	4637	such meeting shall be open to the news media. Any conference
4638	4638	committee report adopted in private shall not be considered by the
4639	4639	house.
4640	4640	Sec. 8. INSTRUCTIONS. Instructions to a conference
4641	4641	committee shall be made after the conference is ordered and before
4642	4642	the conferees are appointed by the speaker, and not thereafter.
4643	4643	Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
4644	4644	committees shall limit their discussions and their actions solely
4645	4645	to the matters in disagreement between the two houses. A conference
4646	4646	committee shall have no authority with respect to any bill or
4647	4647	resolution:
4648	4648	(1) to change, alter, or amend text which is not in
4649	4649	disagreement;
4650	4650	(2) to omit text which is not in disagreement;
4651	4651	(3) to add text on any matter which is not in
4652	4652	disagreement;
4653	4653	(4) to add text on any matter which is not included in
4654	4654	either the house or senate version of the bill or resolution.
4655	4655	This rule shall be strictly construed by the presiding
4656	4656	officer in each house to achieve these purposes.
4657	4657	(b) Conference committees on appropriations bills, like
4658	4658	other conference committees, shall limit their discussions and
4659	4659	their actions solely to the matters in disagreement between the two
4660	4660	houses. In addition to the limitations contained elsewhere in the
4661	4661	rules, a conference committee on appropriations bills shall be
4662	4662	strictly limited in its authority as follows:
4663	4663	(1) If an item of appropriation appears in both house
4664	4664	and senate versions of the bill, the item must be included in the
4665	4665	conference committee report.
4666	4666	(2) If an item of appropriation appears in both house
4667	4667	and senate versions of the bill, and in identical amounts, no change
4668	4668	can be made in the item or the amount.
4669	4669	(3) If an item of appropriation appears in both house
4670	4670	and senate versions of the bill but in different amounts, no change
4671	4671	can be made in the item, but the amount shall be at the discretion of
4672	4672	the conference committee, provided that the amount shall not exceed
4673	4673	the larger version and shall not be less than the smaller version.
4674	4674	(4) If an item of appropriation appears in one version
4675	4675	of the bill and not in the other, the item can be included or omitted
4676	4676	at the discretion of the conference committee. If the item is
4677	4677	included, the amount shall not exceed the sum specified in the
4678	4678	version containing the item.
4679	4679	(5) If an item of appropriation appears in neither the
4680	4680	house nor the senate version of the bill, the item must not be
4681	4681	included in the conference committee report. However, the
4682	4682	conference committee report may include appropriations for
4683	4683	purposes or programs authorized by bills that have been passed and
4684	4684	sent to the governor and may include contingent appropriations for
4685	4685	purposes or programs authorized by bills that have been passed by at
4686	4686	least one house.
4687	4687	This rule shall be strictly construed by the presiding
4688	4688	officer in each house to achieve these purposes.
4689	4689	(c) Conference committees on tax bills, like other
4690	4690	conference committees, shall limit their discussions and their
4691	4691	actions solely to the matters in disagreement between the two
4692	4692	houses. In addition to the limitations contained elsewhere in the
4693	4693	rules, a conference committee on a tax bill shall be strictly
4694	4694	limited in its authority as follows:
4695	4695	(1) If a tax item appears in both house and senate
4696	4696	versions of the bill, the item must be included in the conference
4697	4697	committee report.
4698	4698	(2) If a tax item appears in both house and senate
4699	4699	versions of the bill, and in identical form and with identical
4700	4700	rates, no change can be made in the item or the rate provided.
4701	4701	(3) If a tax item appears in both house and senate
4702	4702	versions of the bill but at differing rates, no change can be made
4703	4703	in the item, but the rate shall be at the discretion of the
4704	4704	conference committee, provided that the rate shall not exceed the
4705	4705	higher version and shall not be less than the lower version.
4706	4706	(4) If a tax item appears in one version of the bill
4707	4707	and not in the other, the item can be included or omitted at the
4708	4708	discretion of the conference committee. If the item is included,
4709	4709	the rate shall not exceed the rate specified in the version
4710	4710	containing the item.
4711	4711	(5) If a tax item appears in neither the house nor the
4712	4712	senate version of the bill, the item must not be included in the
4713	4713	conference committee report.
4714	4714	This rule shall be strictly construed by the presiding
4715	4715	officer in each house to achieve these purposes.
4716	4716	(d) Conference committees on reapportionment bills, to the
4717	4717	extent possible, shall limit their discussions and their actions to
4718	4718	the matters in disagreement between the two houses. Since the
4719	4719	adjustment of one district in a reapportionment bill will
4720	4720	inevitably affect other districts, the strict rule of construction
4721	4721	imposed on other conference committees must be relaxed somewhat
4722	4722	when reapportionment bills are involved. Accordingly, the
4723	4723	following authority and limitations shall apply only to conference
4724	4724	committees on reapportionment bills:
4725	4725	(1) If the matters in disagreement affect only certain
4726	4726	districts, and other districts are identical in both house and
4727	4727	senate versions of the bill, the conference committee shall make
4728	4728	adjustments only in those districts whose rearrangement is
4729	4729	essential to the effective resolving of the matters in
4730	4730	disagreement. All other districts shall remain unchanged.
4731	4731	(2) If the matters in disagreement permeate the entire
4732	4732	bill and affect most, if not all, of the districts, the conference
4733	4733	committee shall have wide discretion in rearranging the districts
4734	4734	to the extent necessary to resolve all differences between the two
4735	4735	houses.
4736	4736	(3) Insofar as the actual structure of the districts
4737	4737	is concerned, and only to that extent, the provisions of Subsection
4738	4738	(a) of this section shall not apply to conference committees on
4739	4739	reapportionment bills.
4740	4740	(e) Conference committees on recodification bills, like
4741	4741	other conference committees, shall limit their discussions and
4742	4742	their actions solely to the matters in disagreement between the two
4743	4743	houses. The comprehensive and complicated nature of recodification
4744	4744	bills makes necessary the relaxing of the strict rule of
4745	4745	construction imposed on other conference committees only to the
4746	4746	following extent:
4747	4747	(1) If it develops in conference committee that
4748	4748	material has been inadvertently included in both house and senate
4749	4749	versions which properly has no place in the recodification, that
4750	4750	material may be omitted from the conference committee report, if by
4751	4751	that omission the existing statute is not repealed, altered, or
4752	4752	amended.
4753	4753	(2) If it develops in conference committee that
4754	4754	material has been inadvertently omitted from both the house and
4755	4755	senate versions which properly should be included if the
4756	4756	recodification is to achieve its purpose of being all-inclusive of
4757	4757	the statutes being recodified, that material may be added to the
4758	4758	conference committee report, if by the addition the existing
4759	4759	statute is merely restated without substantive change in existing
4760	4760	law.
4761	4761	(f) Limitations imposed on certain conference committees by
4762	4762	the provisions of this section may be suspended in part by
4763	4763	permission of the house to allow consideration of and action on a
4764	4764	specific matter or matters which otherwise would be prohibited.
4765	4765	Permission shall be granted only by resolution passed by majority
4766	4766	vote of the house. All such resolutions shall be privileged in
4767	4767	nature and need not be referred to a committee. The introduction of
4768	4768	such a resolution shall be announced from the house floor and the
4769	4769	resolution shall be eligible for consideration by the house three
4770	4770	hours after a copy of the resolution has been distributed to each
4771	4771	member. The time at which the copies of such a resolution are
4772	4772	distributed to the members shall be time-stamped on the originals
4773	4773	of the resolution. The resolution shall specify in detail:
4774	4774	(1) the exact language of the matter or matters
4775	4775	proposed to be considered;
4776	4776	(2) the specific limitation or limitations to be
4777	4777	suspended;
4778	4778	(3) the specific action contemplated by the conference
4779	4779	committee;
4780	4780	(4) except for a resolution suspending the limitations
4781	4781	on the conferees for the general appropriations bill, the reasons
4782	4782	that suspension of the limitations is being requested; and
4783	4783	(5) a fiscal note distributed with the resolution
4784	4784	outlining the fiscal implications and probable cost of the items to
4785	4785	be included in the conference committee report that would otherwise
4786	4786	be prohibited but for the passage of the resolution.
4787	4787	In the application of this subsection to appropriations
4788	4788	bills, the resolution need not include changes in amounts resulting
4789	4789	from a proposed salary plan or changes in format that do not affect
4790	4790	the amount of an appropriation or the method of finance of an
4791	4791	appropriation, but shall include a general statement describing the
4792	4792	salary plan or format change. The resolution need not include
4793	4793	differences in language which do not affect the substance of the
4794	4794	bill.
4795	4795	Permission thus granted shall suspend the limitations only
4796	4796	for the matter or matters clearly specified in the resolution, and
4797	4797	the action of the conference committee shall be in conformity with
4798	4798	the resolution.
4799	4799	Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
4800	4800	conference committee reports must be printed and a copy furnished
4801	4801	to each member at least 24 hours before action can be taken on the
4802	4802	report by the house during a regular or special session.
4803	4803	(b) Three original copies of a conference committee report
4804	4804	shall be submitted to the chief clerk for printing. Each original
4805	4805	conference committee report shall contain the following:
4806	4806	(1) the signatures of the house conferees and senate
4807	4807	conferees who voted to adopt the conference committee report;
4808	4808	(2) the text of the bill or resolution as adopted by
4809	4809	the conference committee; and
4810	4810	(3) an analysis of the conference committee report as
4811	4811	required by Section 11 of this rule.
4812	4812	(c) Before action can be taken by the house on a conference
4813	4813	committee report on a bill or joint resolution, other than the
4814	4814	general appropriations bill, a fiscal note outlining the fiscal
4815	4815	implications and probable cost of the conference committee report
4816	4816	shall be submitted to the chief clerk, and a copy of the fiscal note
4817	4817	shall be distributed with the conference committee report on its
4818	4818	printing.
4819	4819	(d) Before a vote on the floor can be taken by the house on a
4820	4820	conference committee report on a bill or joint resolution for which
4821	4821	a tax equity note was required under Rule 4, Section 34(b)(5), a tax
4822	4822	equity note estimating the general effects of the conference
4823	4823	committee report on the distribution of tax and fee burdens among
4824	4824	individuals and businesses shall be submitted to the chief clerk,
4825	4825	and a copy of the tax equity note shall be made available to each
4826	4826	member.
4827	4827	Sec. 11. ANALYSIS OF REPORTS. (a) All reports of
4828	4828	conference committees shall include an analysis showing wherein the
4829	4829	report differs from the house and senate versions of the bill,
4830	4830	resolution, or other matter in disagreement. The analysis of
4831	4831	appropriations bills shall show in dollar amounts the differences
4832	4832	between the conference committee report and the house and senate
4833	4833	versions. No conference committee report shall be considered by
4834	4834	the house unless such an analysis has been prepared and
4835	4835	distributed to each member.
4836	4836	(b) The analysis shall to the extent practical indicate any
4837	4837	instance wherein the conference committee in its report appears to
4838	4838	have exceeded the limitations imposed on its jurisdiction by
4839	4839	Section 9 of this rule. An analysis and the conference committee
4840	4840	report in which the analysis is included are not subject to a point
4841	4841	of order due to a failure to comply with this subsection or due to a
4842	4842	mistake made in complying with this subsection.
4843	4843	Sec. 12. CONSIDERATION OF REPORTS. A conference committee
4844	4844	report is not subject to amendment, but must be accepted or rejected
4845	4845	in its entirety. While a conference committee report is pending, a
4846	4846	motion to deal with individual amendments in disagreement is not in
4847	4847	order.
4848	4848	Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
4849	4849	committee report is not acceptable to the house for any reason, it
4850	4850	may be recommitted to the same committee with the request for
4851	4851	further consideration, and the house may or may not give any
4852	4852	specific instructions on the report to the conference committee; or
4853	4853	the house may request the appointment by the senate of a new
4854	4854	conference committee and then proceed to empower the speaker to
4855	4855	name new conferees for the house.
4856	4856	RULE 14. GENERAL PROVISIONS
4857	4857	Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
4858	4858	inexplicit on any question of order or parliamentary practice, the
4859	4859	Rules of the House of Representatives of the United States
4860	4860	Congress, and its practice as reflected in published precedents,
4861	4861	and Mason's Manual of Legislative Procedure shall be considered as
4862	4862	authority.
4863	4863	Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
4864	4864	rules of the house shall be proposed by house resolutions which
4865	4865	shall be referred at once, without debate, to the Committee on Rules
4866	4866	and Resolutions for study and recommendation.
4867	4867	(b) A resolution proposing an amendment to the rules shall
4868	4868	not be considered by the house until a printed copy of the
4869	4869	resolution has been provided to each member of the house at least 48
4870	4870	hours before consideration.
4871	4871	(c) Amendments to the rules shall require a majority vote of
4872	4872	the house for adoption.
4873	4873	Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
4874	4874	the rules shall be in order at any time, except when motions to
4875	4875	adjourn or recess are pending, even when the house is operating
4876	4876	under the previous question. A motion to "suspend all rules" shall
4877	4877	be sufficient to suspend every rule under which the house is
4878	4878	operating for a particular purpose except the provisions of the
4879	4879	constitution[, the statutes,] and the joint rules of the two
4880	4880	houses. If the rules have been suspended on a main motion for a
4881	4881	given purpose, no other motion to suspend the rules on a main motion
4882	4882	shall be in order until the original purpose has been accomplished.
4883	4883	Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
4884	4884	shall not be in order to move to suspend the rules or the regular
4885	4885	order of business to take up a measure out of its regular order, and
4886	4886	the speaker shall not recognize anyone for either purpose, unless
4887	4887	the speaker has announced to the house in session that the speaker
4888	4888	would recognize a member for that purpose at least one hour before
4889	4889	the member is so recognized to make the motion. In making the
4890	4890	announcement to the house, the speaker shall advise the house of the
4891	4891	member's name and the bill number, and this information, together
4892	4892	with the time that the announcement was made, shall be entered in
4893	4893	the journal. This rule may be suspended only by unanimous consent.
4894	4894	Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
4895	4895	of the house may be suspended by an affirmative vote of two-thirds
4896	4896	of the members present. However, if a rule contains a specific
4897	4897	provision showing the vote by which that rule may be suspended, that
4898	4898	vote shall be required for the suspension of the rule. The specific
4899	4899	provision may not be suspended under the provisions of this
4900	4900	section.
4901	4901	Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
4902	4902	measure taken up under suspension and not disposed of on the same
4903	4903	day shall go over as pending or unfinished business to the next day
4904	4904	that the house is in session, and shall be considered thereafter
4905	4905	from day to day (except the days used for the consideration of
4906	4906	senate bills) until disposed of.
4907	4907	Sec. 7. COMMITTEE GIFTS. A member of the house may not
4908	4908	offer, confer, or agree to confer to a committee member one or more
4909	4909	gifts with a total value of more than $75 per year.
4910	4910	Solomons
4911	4911	______________________________
4912	4912	Speaker of the House
4913	4913	I certify that H.R. No. 2 was adopted by the House on January
4914	4914	28, 2009, by the following vote: Yeas 147, Nays 1, 0 present, not
4915	4915	voting.
4916	4916	______________________________
4917	4917	Chief Clerk of the House