Texas 2015 - 84th Regular

Texas House Bill HR4 Compare Versions

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1-H.R. No. 4
1+84R5229 TJB/MAW/BEF/JRJ-F
2+ By: Smithee H.R. No. 4
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45 R E S O L U T I O N
56 BE IT RESOLVED by the House of Representatives of the State of
67 Texas, That the following are adopted as the permanent rules of the
78 House of Representatives of the 84th [83rd] Legislature:
89 RULES OF
910 THE HOUSE OF REPRESENTATIVES
1011 OF THE TEXAS LEGISLATURE
1112 TABLE OF CONTENTS
1213 RULE
1314 1. DUTIES AND RIGHTS OF THE SPEAKER 2
1415 2. EMPLOYEES 10
15- 3. STANDING COMMITTEES 23
16+ 3. STANDING COMMITTEES 22
1617 4. ORGANIZATION, POWERS, AND DUTIES OF
17- COMMITTEES 54
18- 5. FLOOR PROCEDURE 90
19- 6. ORDER OF BUSINESS AND CALENDARS 113
20- 7. MOTIONS 132
21- 8. BILLS 148
22- 9. JOINT RESOLUTIONS 164
18+ COMMITTEES 53
19+ 5. FLOOR PROCEDURE 88
20+ 6. ORDER OF BUSINESS AND CALENDARS 111
21+ 7. MOTIONS 130
22+ 8. BILLS 146
23+ 9. JOINT RESOLUTIONS 161
2324 10. HOUSE RESOLUTIONS AND CONCURRENT
24- RESOLUTIONS 166
25- 11. AMENDMENTS 169
26- 12. PRINTING 177
25+ RESOLUTIONS 163
26+ 11. AMENDMENTS 166
27+ 12. PRINTING 174
2728 13. INTERACTIONS WITH THE GOVERNOR
28- AND SENATE 181
29- 14. GENERAL PROVISIONS 194
29+ AND SENATE 178
30+ 14. GENERAL PROVISIONS 191
3031 STATEMENT OF AUTHORIZATION AND PRECEDENCE
3132 Pursuant to and under the authority of Section 11, Article
3233 III, Texas Constitution, and notwithstanding any provision of
3334 statute, the House of Representatives adopts the following rules to
3435 govern its operations and procedures. The provisions of these
3536 rules shall be deemed the only requirements binding on the House of
3637 Representatives under Section 11, Article III, Texas Constitution,
3738 notwithstanding any other requirements expressed in statute.
3839 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
3940 CHAPTER A. DUTIES AS PRESIDING OFFICER
4041 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
4142 enforce, apply, and interpret the rules of the house in all
4243 deliberations of the house and shall enforce the legislative rules
4344 prescribed by the statutes and the Constitution of Texas.
4445 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
4546 each calendar day precisely at the hour to which the house adjourned
4647 or recessed at its last sitting and shall immediately call the
4748 members to order.
4849 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
4950 shall lay before the house its business in the order indicated by
5051 the rules and shall receive propositions made by members and put
5152 them to the house.
5253 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
5354 proposed legislation shall be referred by the speaker to an
5455 appropriate standing or select committee with jurisdiction,
5556 subject to correction by a majority vote of the house. A bill or
5657 resolution may not be referred simultaneously to more than one
5758 committee.
5859 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
5960 shall preserve order and decorum. In case of disturbance or
6061 disorderly conduct in the galleries or in the lobby, the speaker may
6162 order that these areas be cleared. No signs, placards, or other
6263 objects of similar nature shall be permitted in the rooms, lobby,
6364 gallery, and hall of the house. The speaker shall see that the
6465 members of the house conduct themselves in a civil manner in
6566 accordance with accepted standards of parliamentary conduct and
6667 may, when necessary, order the sergeant-at-arms to clear the aisles
6768 and seat the members of the house so that business may be conducted
6869 in an orderly manner.
6970 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
7071 request of a member, the speaker may recognize persons in the
7172 gallery. The speaker shall afford that recognition at a convenient
7273 place in the order of business, considering the need for order and
7374 decorum and the need for continuity of debate. The request must be
7475 made on a form prescribed by the Committee on House Administration.
7576 The speaker may recognize, at a time he or she considers appropriate
7677 during floor proceedings, the person serving as physician of the
7778 day.
7879 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
7980 rise to put a question but may state it sitting. The question shall
8081 be put substantially in this form: "The question occurs on
8182 ______" (here state the question or proposition under
8283 consideration). "All in favor say 'Aye,'" and after the affirmative
8384 vote is expressed, "All opposed say 'No.'" If the speaker is in
8485 doubt as to the result, or if a division is called for, the house
8586 shall divide: those voting in the affirmative on the question
8687 shall register "Aye" on the voting machine, and those voting in the
8788 negative on the question shall register "No." The decision of the
8889 house on the question shall be printed in the journal and shall
8990 include the yeas and nays if a record of the yeas and nays is ordered
9091 in accordance with the rules.
9192 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
9293 speaker shall have the same right as other members to vote. If the
9394 speaker, or a member temporarily presiding, has not voted, he or she
9495 may cast the deciding vote at the time such opportunity becomes
9596 official, whether to make or break a tie. If a verification of the
9697 vote is called for and granted, the decision of the speaker, or a
9798 member temporarily presiding, to cast the deciding vote need not be
9899 made until the verification has been completed. In case of error in
99100 a vote, if the correction leaves decisive effect to the vote of the
100101 speaker, or a member temporarily presiding, the deciding vote may
101102 be cast even though the result has been announced.
102103 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
103104 on all questions of order; however, such decisions are subject to an
104105 appeal to the house made by any 10 members. Pending an appeal, the
105106 speaker shall call a member to the chair, who shall not have the
106107 authority to entertain or decide any other matter or proposition
107108 until the appeal has first been determined by the house. The
108109 question on appeal is, "Shall the chair be sustained?"
109110 (b) No member shall speak more than once on an appeal unless
110111 given leave by a majority of the house. No motion shall be in order,
111112 pending an appeal, except a motion to adjourn, a motion to lay on
112113 the table, a motion for the previous question, or a motion for a
113114 call of the house. Responses to parliamentary inquiries and
114115 decisions of recognition made by the chair may not be appealed,
115116 except as provided by Rule 5, Section 24.
116117 (c) Further consideration of the matter or proposition that
117118 is the subject of a question of order is prohibited until the
118119 speaker decides the question of order and any appeal of that
119120 decision has been determined by the house. Consideration of any
120121 other matter or proposition is also prohibited while a question of
121122 order is pending, unless the question of order is temporarily
122123 withdrawn and the matter or proposition that is the subject of the
123124 question of order is postponed. Withdrawal of the question of order
124125 does not prevent any member from raising that question of order when
125126 the matter or proposition is again before the house.
126127 (d) A point of order raised as to a violation of a section of
127128 the rules governing committee reports, committee minutes, or
128129 accompanying documentation may be overruled if the purpose of that
129130 section of the rules has been substantially fulfilled and the
130131 violation does not deceive or mislead.
131132 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
132133 CHAIR. The speaker shall have the right to name any member to
133134 perform the duties of the chair and may name a member to serve as
134135 speaker pro tempore by delivering a written order to the chief clerk
135136 and a copy to the journal clerk. A permanent speaker pro tempore
136137 shall, in the absence or inability of the speaker, call the house to
137138 order and perform all other duties of the chair in presiding over
138139 the deliberations of the house and perform other duties and
139140 exercise other responsibilities as may be assigned by the speaker.
140141 If the house is not in session, and a permanent speaker pro tempore
141142 has not been named, or if the speaker pro tempore is not available
142143 or for any reason is not able to function, the speaker may deliver a
143144 written order to the chief clerk, with a copy to the journal clerk,
144145 naming the member who shall call the house to order and preside
145146 during the speaker's absence. The speaker pro tempore shall serve
146147 at the pleasure of the speaker.
147148 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
148149 emergency of such compelling nature that the speaker must adjourn
149150 the house without fixing a date and hour of reconvening, the speaker
150151 shall have authority to determine the date and hour of reconvening
151152 and to notify the members of the house by any means the speaker
152153 considers adequate. Should the speaker be disabled or otherwise
153154 unable to exercise these emergency powers, the permanent speaker
154155 pro tempore, if one has been named, shall have authority to act. If
155156 there is no permanent speaker pro tempore, or if that officer is
156157 unable to act, authority shall be exercised by the chair of the
157158 Committee on State Affairs, who shall preside until the house can
158159 proceed to the selection of a temporary presiding officer to
159160 function until the speaker or the speaker pro tempore is again able
160161 to exercise the duties and responsibilities of the office.
161162 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
162163 not in session, if the speaker determines that it would be a hazard
163164 to the safety of the members, officers, employees, and others
164165 attending the legislature to reconvene at the time determined by
165166 the house at its last sitting, the speaker may clear the area of the
166167 capitol under the control of the house and postpone the reconvening
167168 of the house for a period of not more than 12 hours. On making that
168169 determination, the speaker shall order the sergeant-at-arms to post
169170 an assistant at each first floor entrance to the capitol and other
170171 places and advise all persons entering of the determination and the
171172 time set for the house to reconvene. The speaker shall also notify
172173 the journal clerk and the news media of the action, and the action
173174 shall be entered in the house journal.
174175 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
175176 resolutions, and concurrent resolutions shall be signed by the
176177 speaker in the presence of the house, as required by the
177178 constitution; and all writs, warrants, and subpoenas issued by
178179 order of the house shall be signed by the speaker and attested by
179180 the chief clerk, or the person acting as chief clerk.
180181 CHAPTER B. ADMINISTRATIVE DUTIES
181182 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
182183 have general control, except as otherwise provided by law, of the
183184 hall of the house, its lobbies, galleries, corridors, and passages,
184185 and other rooms in those parts of the capitol assigned to the use of
185186 the house; except that the hall of the house shall not be used for
186187 any meeting other than legislative meetings during any regular or
187188 special session of the legislature unless specifically authorized
188189 by resolution.
189190 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
190191 speaker shall designate the chair and vice-chair of each standing
191192 substantive committee and shall also appoint membership of the
192193 committee, subject to the provisions of Rule 4, Section 2.
193194 (b) If members of equal seniority request the same
194195 committee, the speaker shall decide which among them shall be
195196 assigned to that committee.
196197 (c) In announcing the membership of the standing
197198 substantive committees, the speaker shall designate which are
198199 appointees and which acquire membership by seniority.
199200 (d) The speaker shall appoint the chair and vice-chair of
200201 each standing procedural committee and the remaining membership of
201202 the committee.
202203 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
203204 COMMITTEES. (a) The speaker shall appoint all conference
204205 committees. The speaker shall name the chair of each conference
205206 committee, and may also name the vice-chair thereof.
206207 (b) The speaker may at any time by proclamation create a
207208 select committee. The speaker shall name the chair and vice-chair
208209 thereof. A select committee has the jurisdiction, authority, and
209210 duties and exists for the period of time specified in the
210211 proclamation. A select committee has the powers granted by these
211212 rules to a standing committee except as limited by the
212213 proclamation. A copy of each proclamation creating a select
213214 committee shall be filed with the chief clerk.
214215 (c) If a new speaker is elected to fill a vacancy in the
215216 office after the appointment of standing committees, the new
216217 speaker may not alter the composition of any standing committee
217218 before the end of the session, except that the new speaker may:
218219 (1) vacate the new speaker's membership on any
219220 committee;
220221 (2) make committee appointments for the member who was
221222 removed as speaker;
222223 (3) designate a different member of a standing
223224 committee as committee chair; and
224225 (4) fill vacancies that occur on a committee.
225226 Sec. 17. INTERIM STUDIES. When the legislature is not in
226227 session, the speaker shall have the authority to direct committees
227228 to make interim studies for such purposes as the speaker may
228229 designate, and the committees shall meet as often as necessary to
229230 transact effectively the business assigned to them. The speaker
230231 shall provide to the chief clerk a copy of interim charges made to a
231232 standing or select committee.
232233 CHAPTER C. CAMPAIGNS FOR SPEAKER
233234 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
234235 SESSION. During a regular session of the legislature a member may
235236 not solicit written pledges from other members for their support of
236237 or promise to vote for any person for the office of speaker.
237238 RULE 2. EMPLOYEES
238239 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
239240 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
240241 (1) be the custodian of all bills, resolutions, and
241242 amendments;
242243 (2) number in the order of their filing, with a
243244 separate sequence for each category, all bills, joint resolutions,
244245 concurrent resolutions, and house resolutions;
245246 (3) provide for the keeping of a complete record of
246247 introduction and action on all bills and resolutions, including the
247248 number, author, brief description of the subject matter, committee
248249 reference, and the time sequence of action taken on all bills and
249250 resolutions to reflect at all times their status in the legislative
250251 process;
251252 (4) on the day of numbering a bill relating to a
252253 conservation and reclamation district created under Article XVI,
253254 Section 59, of the Texas Constitution, send two copies of the bill,
254255 with two copies of the notice of intention to introduce the bill, to
255256 the governor and notify the journal clerk of the action;
256257 (5) receive the recommendations of the Texas
257258 Commission on Environmental Quality on a bill forwarded to the
258259 commission under Article XVI, Section 59, of the Texas
259260 Constitution, attach them to the bill to which they apply, and
260261 notify the journal clerk that the recommendations have been filed;
261262 (6) forward to a [the] committee chair in an
262263 electronic or other format determined by the chief clerk a
263264 certified copy of each legislative document referred to the [a]
264265 committee, including [along with certified copies of] all official
265266 attachments to the document;
266267 (7) have printed and distributed correct copies of all
267268 legislative documents, as provided in the subchapter on printing,
268269 and keep an exact record of the date and hour of transmittal to the
269270 printer, return from the printer, and distribution of the document
270271 to members of the house with that information time-stamped on the
271272 originals of the document;
272273 (8) certify the passage of bills and resolutions,
273274 noting on them the date of passage and the vote by which passed,
274275 including the yeas and nays if a record of the yeas and nays is
275276 ordered;
276277 (9) be responsible for engrossing all house bills and
277278 resolutions that have passed second reading and those that have
278279 passed third reading, and for enrolling all house bills and
279280 resolutions that have passed both houses.
280281 All engrossed and enrolled documents shall be prepared
281282 without erasures, interlineations, or additions in the margin.
282283 House concurrent resolutions passed without amendment
283284 shall not be engrossed but shall be certified and forwarded
284285 directly to the senate.
285286 Engrossed riders may be used in lieu of full engrossment
286287 on second reading passage;
287288 (10) be authorized to amend the caption to conform to
288289 the body of each house bill and joint resolution ordered engrossed
289290 or enrolled;
290291 (11) be responsible for noting on each house bill or
291292 joint resolution, for certification by the speaker of the house,
292293 the lieutenant governor, the chief clerk of the house, and the
293294 secretary of the senate, the following information:
294295 (A) date of final passage, and the vote on final
295296 passage, including the yeas and nays if a record of the yeas and
296297 nays is ordered. If the bill was amended in the senate, this fact
297298 shall also be noted;
298299 (B) date of concurrence by the house in senate
299300 amendments, and the vote on concurrence, including the yeas and
300301 nays if a record of the yeas and nays is ordered;
301302 (C) date of adoption by each house of a
302303 conference committee report and the vote on adoption, including the
303304 yeas and nays if a record of the yeas and nays is ordered;
304305 (D) that a bill containing an appropriation was
305306 passed subject to the provisions of Article III, Section 49a, of the
306307 Texas Constitution; and
307308 (E) that a concurrent resolution was adopted by
308309 both houses directing the correction of an enrolled bill, if
309310 applicable;
310311 (12) transmit over signature all messages from the
311312 house to the senate, including typewritten copies of amendments to
312313 senate bills;
313314 (13) prepare copies of senate amendments to house
314315 bills for the journal before the amendments and the bill or
315316 resolution to which they relate are sent to the printer or to the
316317 speaker;
317318 (14) notify the speaker in writing that the senate did
318319 not concur in house amendments to a bill or resolution and requests
319320 a conference committee, and include in this notice the names of the
320321 senate conferees;
321322 (15) provide a certified copy of a house bill or
322323 resolution which may be lost showing each parliamentary step taken
323324 on the bill; and
324325 (16) request fiscal notes on house bills and joint
325326 resolutions with senate amendments and distribute fiscal notes on
326327 house bills and joint resolutions with senate amendments and
327328 conference committee reports as required by Rule 13, Sections 5 and
328329 10.
329330 (b) The chief clerk shall also:
330331 (1) attest all writs, warrants and subpoenas issued by
331332 order of the house;
332333 (2) receive reports of select committees and forward
333334 copies to the speaker and journal clerk;
334335 (3) not later than 30 days after the close of each
335336 session, acquire from each of the various clerks of the house,
336337 except the journal clerk, all reports, records, bills, papers, and
337338 other documents remaining in their possession and file them with
338339 the Legislative Reference Library, unless otherwise provided by
339340 law;
340341 (4) receive and file all other documents required by
341342 law or by the rules of the house;
342343 (5) prepare a roster of members in order of seniority
343344 showing the number of years of service of each member, as provided
344345 in Rule 4, Section 2; and
345346 (6) have posted the list of Items Eligible for
346347 Consideration as required by the rules.
347348 (c) The chief clerk shall also provide for the following to
348349 be made available on the electronic legislative information system:
349350 (1) all house calendars and lists of items eligible
350351 for consideration and the time-stamp information for those
351352 calendars and lists; and
352353 (2) the time-stamp information for all official
353354 printings of bills and resolutions.
354355 (d) The chief clerk shall provide notice to a Capitol e-mail
355356 address designated by each member when a new house calendar or list
356357 of items eligible for consideration is posted on the electronic
357358 legislative information system. If a member informs the chief
358359 clerk that the member also desires to receive a paper copy of house
359360 calendars or lists of items eligible for consideration, the chief
360361 clerk shall place paper copies of those documents designated by the
361362 member in the newspaper box of the member as soon as practicable
362363 after the electronic copies are posted.
363364 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
364365 (1) keep a journal of the proceedings of the house,
365366 except when the house is acting as a committee of the whole, and
366367 enter the following:
367368 (A) the number, author, and caption of every bill
368369 introduced;
369370 (B) descriptions of all congratulatory and
370371 memorial resolutions on committee report, motions, amendments,
371372 questions of order and decisions on them, messages from the
372373 governor, and messages from the senate;
373374 (C) the summaries of congratulatory and memorial
374375 resolutions, as printed on the congratulatory and memorial
375376 calendar;
376377 (D) the number of each bill, joint resolution,
377378 and concurrent resolution signed in the presence of the house;
378379 (E) a listing of reports made by standing
379380 committees;
380381 (F) reports of select committees, when ordered by
381382 the house;
382383 (G) every vote where a record of the yeas and nays
383384 is ordered or registration of the house with a concise statement of
384385 the action and the result;
385386 (H) the names of all absentees, both excused and
386387 not excused;
387388 (I) senate amendments to house bills or
388389 resolutions, when concurred in by the house;
389390 (J) the date each bill is transmitted to the
390391 governor;
391392 (K) the date recommendations of the Texas
392393 Commission on Environmental Quality on each bill subject to Article
393394 XVI, Section 59, of the Texas Constitution, are filed with the chief
394395 clerk;
395396 (L) all pairs as a part of a vote where a record
396397 of the yeas and nays is ordered;
397398 (M) reasons for a vote;
398399 (N) the vote of a member on any question where a
399400 record of the yeas and nays has not been ordered;
400401 (O) the statement of a member who was absent when
401- a vote was taken indicating how the member would have voted; [and]
402+ a vote was taken indicating how the member would have voted; and
402403 (P) official state documents, reports, and other
403- matters, when ordered by the house; and
404- (Q) the parliamentarian's written explanation on
405- the final ruling on a point of order, which includes the citation of
406- any house or congressional precedents used in determining the
407- ruling, as provided in Rule 14, Section 8;
404+ matters, when ordered by the house;
408405 (2) prepare a daily journal for each calendar day that
409406 the house is in session and distribute on the succeeding calendar
410407 day or the earliest possible date copies to the members of the house
411408 who have submitted requests to the journal clerk to receive a copy;
412409 and
413410 (3) prepare and have printed a permanent house journal
414411 of regular and special sessions in accordance with the law and the
415412 following provisions:
416413 (A) When completed, no more than 300 copies shall
417414 be bound and distributed as follows:
418415 (i) one copy to each member of the house of
419416 representatives who submitted a request to the journal clerk to
420417 receive a copy;
421418 (ii) one copy to each member of the senate
422419 who submitted a request to the journal clerk to receive a copy; and
423420 (iii) the remainder of the copies to be
424421 distributed by the Committee on House Administration.
425422 (B) The journal clerk shall not receive or
426423 receipt for the permanent house journal until it has been correctly
427424 published.
428425 (b) The journal clerk shall lock the voting machine of each
429426 member who is excused or who is otherwise known to be absent when
430427 the house is in session until the member personally requests that
431428 the machine be unlocked.
432- (c) The journal clerk shall determine and enter in the
433- journal the clock of record for the house and that clock may not be
434- delayed, set back, or otherwise tampered with to deviate from the
435- standard time, as provided by statute, for the place where the house
436- is meeting. The journal clerk shall enter in the journal the time
437- according to the clock of record when the house convenes, recesses,
438- and adjourns. A motion to suspend this rule must be decided by a
439- record vote.
440429 Sec. 3. READING CLERKS. The reading clerks, under the
441430 supervision of the speaker, shall:
442431 (1) call the roll of the house in alphabetical order
443432 when ordered to do so by the speaker; and
444433 (2) read all bills, resolutions, motions, and other
445434 matters required by the rules or directed by the speaker.
446435 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
447436 (1) under the direction of the speaker, have charge of
448437 and maintain order in the hall of the house, its lobbies and
449438 galleries, and all other rooms in the capitol assigned for the use
450439 of the house of representatives;
451440 (2) attend the house and the committee of the whole
452441 during all meetings and maintain order under the direction of the
453442 speaker or other presiding officer;
454443 (3) execute the commands of the house and serve the
455444 writs and processes issued by the authority of the house and
456445 directed by the speaker;
457446 (4) supervise assistants to the sergeant-at-arms who
458447 shall aid in the performance of prescribed duties and have the same
459448 authority, subject to the control of the speaker;
460449 (5) clear the floor of the house of all persons not
461450 entitled to the privileges of the floor at least 30 minutes prior to
462451 the convening of each session of the house;
463452 (6) bring in absent members when so directed under a
464453 call of the house;
465454 (7) not allow the distribution of any printed matter
466455 in the hall of the house, other than newspapers that have been
467456 published at least once a week for a period of one year, unless it
468457 first has been authorized in writing by at least one member of the
469458 house and the name of the member appears on the printed matter. The
470459 sergeant-at-arms shall refuse to accept for distribution any
471460 printed matter which does not bear the name of the member or members
472461 authorizing the distribution;
473462 (8) keep a copy of written authorization and a record
474463 of the matter distributed in the permanent files of the house;
475464 (9) enforce parking regulations applicable to areas of
476465 the capitol complex under the control of the house and supervise
477466 parking attendants;
478467 (10) provide for issuance of an identification card to
479468 each member and employee of the house; and
480469 (11) supervise the doorkeeper.
481470 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
482471 of the sergeant-at-arms, shall:
483472 (1) enforce strictly the rules of the house relating
484473 to privileges of the floor and perform other duties as directed by
485474 the speaker;
486475 (2) close the main entrance and permit no member to
487476 leave the house without written permission from the speaker when a
488477 call of the house or a call of the committee of the whole is ordered,
489478 take up permission cards as members leave the hall, and take up
490479 permission cards of those who are admitted to the floor of the house
491480 under the rules and practice of the house;
492481 (3) obtain recognition from the speaker and announce a
493482 messenger from the governor or the senate on arrival at the bar of
494483 the house; and
495484 (4) obtain recognition from the speaker and announce
496485 the arrival of the governor or the senate on arrival at the bar of
497486 the house for official proceedings in the house.
498487 Sec. 6. CHAPLAIN. The chaplain shall open the first
499488 session on each calendar day with a prayer and shall perform such
500489 other duties as directed by the Committee on House Administration.
501490 Sec. 7. VOTING CLERK. The voting clerk, under the
502491 supervision of the speaker, shall:
503492 (1) open and close the voting machine on registrations
504493 and record votes as ordered by the speaker;
505494 (2) record votes from the floor as directed by the
506495 speaker;
507496 (3) prepare official copies of all record votes for
508497 the journal; and
509498 (4) make no additions, subtractions, or other changes
510499 in any registration or record vote unless specifically granted
511500 permission by the house or directed by the speaker prior to the
512501 announcement of the final result.
513- Sec. 8. COMMITTEE COORDINATOR. (a) The committee
514- coordinator shall:
502+ Sec. 8. COMMITTEE COORDINATOR. The committee coordinator
503+ shall:
515504 (1) under the direction of the Committee on House
516505 Administration, prepare a schedule for regular meetings of all
517506 standing committees as provided by Rule 4, Section 8(a);
518507 (2) post committee meeting notices, as directed by the
519508 chair of a committee, in accordance with Rule 4, Section 11(a);
520509 (3) maintain duplicate originals of committee minutes
521510 as required by Rule 4, Sections 18(c) and (d);
522511 (4) direct the maintenance of sworn statements either
523512 in electronic or paper format and, under the direction of the
524513 Committee on House Administration, prescribe the form of those
525514 statements, as required by Rule 4, Sections 20(a) and (c);
526515 (5) receive and forward impact statements as required
527516 by Rule 4, Section 34(e);
528517 (6) receive committee reports as required by Rule 4,
529518 Section 37, and refer them for printing as provided by Rule 6,
530519 Section 19; and
531520 (7) receive and distribute the recommendations and
532521 final reports of interim study committees as provided by Rule 4,
533522 Section 61.
534- (b) The committee coordinator may exclude from the
535- committee coordinator's office or refuse to interact with a member
536- or a member's staff if the member or member's staff engages in
537- abusive, harassing, or threatening behavior.
538523 Sec. 9. PARLIAMENTARIAN. (a) The parliamentarian is an
539524 officer of the house who serves at the pleasure of the speaker. The
540525 parliamentarian shall advise and assist the presiding officer and
541526 the members of the house on matters of procedure. The
542527 parliamentarian has a duty of confidentiality to the speaker and to
543528 each member of the house and shall keep confidential all requests
544529 made by members of the house for advice or guidance regarding
545530 procedure unless the parties otherwise agree.
546531 (b) After the initial appointment of a parliamentarian by
547532 the speaker, the appointment of a new parliamentarian to fill a
548533 vacancy must be approved by a majority of the membership of the
549534 house if the appointment is made during a regular or special
550535 session. If the appointment to fill the vacancy is made when the
551536 house is not in session, the appointment must be approved by a
552537 majority of the membership not later than the third day of the first
553538 special session that occurs after the date the appointment is made.
554539 If no special session occurs after the appointment, approval by the
555540 membership is not required.
556541 (c) In the event of a conflict between this section and the
557542 housekeeping resolution, this section controls.
558543 CHAPTER B. OTHER EMPLOYEES
559544 Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
560545 (a) Communications between an attorney employed by the Texas
561546 Legislative Council and the speaker, another member of the house,
562547 or an employee of a member or committee of the house are
563548 confidential in accordance with the rules and laws concerning
564549 attorney-client privilege.
565550 (b) Communications between any employee of the Texas
566551 Legislative Council and the speaker, another member of the house,
567552 or an employee of a member or committee of the house are
568- confidential. The General Investigating and Ethics Committee of
569- the House may investigate an alleged violation of this subsection.
553+ confidential. The General Investigating, Transparency in
554+ Government Operations, and Ethics Committee of the House may
555+ investigate an alleged violation of this subsection.
570556 (c) This section does not prohibit the speaker, member, or
571557 committee from waiving a privilege as otherwise permitted by law or
572558 from waiving confidentiality under this section.
573559 RULE 3. STANDING COMMITTEES
574560 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
575561 have seven members, with jurisdiction over all matters pertaining
576562 to:
577563 (1) agriculture, horticulture, and farm husbandry;
578564 (2) livestock and stock raising, and the livestock
579565 industry;
580566 (3) the development and preservation of forests, and
581567 the regulation, control, and promotion of the lumber industry;
582568 (4) problems and issues particularly affecting rural
583569 areas of the state, including issues related to rural economic
584570 development and the provision of and access to infrastructure,
585571 education, and health services; and
586572 (5) the following state agencies: the Department of
587573 Agriculture, the Texas Animal Health Commission, the State Soil and
588574 Water Conservation Board, the Texas A&M Forest Service, the Office
589575 of South Central Interstate Forest Fire Protection Compact, the
590576 Office of Chief Apiary Inspector, Texas A&M AgriLife Research, the
591577 Texas A&M AgriLife Extension Service, the Food and Fibers Research
592578 Council, the State Seed and Plant Board, the State Board of
593579 Veterinary Medical Examiners, the Texas A&M Veterinary Medical
594580 Diagnostic Laboratory, the Produce Recovery Fund Board, the board
595581 of directors of the Texas Boll Weevil Eradication Foundation, Inc.,
596582 and the Texas Wildlife Services [Damage Management Service].
597583 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
598584 members, with jurisdiction over:
599585 (1) all bills and resolutions appropriating money from
600586 the state treasury;
601587 (2) all bills and resolutions containing provisions
602588 resulting in automatic allocation of funds from the state treasury;
603589 (3) all bills and resolutions diverting funds from
604590 the state treasury or preventing funds from going in that otherwise
605591 would be placed in the state treasury; and
606592 (4) all matters pertaining to claims and accounts
607593 filed with the legislature against the state unless jurisdiction
608594 over those bills and resolutions is specifically granted by these
609595 rules to some other standing committee.
610596 (b) The appropriations committee may comment upon any bill
611597 or resolution containing a provision resulting in an automatic
612598 allocation of funds.
613599 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
614600 seven members, with jurisdiction over all matters pertaining to:
615601 (1) industry and manufacturing;
616602 (2) industrial safety and adequate and safe working
617603 conditions, and the regulation and control of those conditions;
618604 (3) hours, wages, collective bargaining, and the
619605 relationship between employers and employees;
620606 (4) the regulation of business transactions and
621607 transactions involving property interests;
622608 (5) the organization, incorporation, management, and
623609 regulation of private corporations and professional associations
624610 and the Uniform Commercial Code and the Business Organizations Code
625611 [Texas Revised Limited Partnership Act];
626612 (6) the protection of consumers, governmental
627613 regulations incident thereto, the agencies of government
628614 authorized to regulate such activities, and the role of the
629615 government in consumer protection;
630616 (7) privacy and identity theft;
631617 (8) homeowners' associations;
632618 (9) oversight and regulation of the construction
633619 industry; and
634620 (10) the following state agencies: the State Office of
635621 Risk Management, the Risk Management Board, the Division of
636622 Workers' Compensation of the Texas Department of Insurance, the
637623 workers' compensation research and evaluation group in the Texas
638624 Department of Insurance, the Office of Injured Employee Counsel,
639625 including the ombudsman program of that office, and the Texas
640626 Mutual Insurance Company Board of Directors.
641627 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
642628 15 members, with jurisdiction over:
643629 (1) the placement of bills and resolutions on
644630 appropriate calendars, except those within the jurisdiction of the
645631 Committee on Rules and Resolutions;
646632 (2) the determination of priorities and proposal of
647633 rules for floor consideration of such bills and resolutions; and
648634 (3) all other matters concerning the calendar system
649635 and the expediting of the business of the house as may be assigned
650636 by the speaker.
651637 Sec. 5. CORRECTIONS. The committee shall have seven
652638 members, with jurisdiction over all matters pertaining to:
653639 (1) the incarceration and rehabilitation of convicted
654640 felons;
655641 (2) the establishment and maintenance of programs that
656642 provide alternatives to incarceration; and
657643 (3) [the commitment and rehabilitation of youths;
658644 [(4) the construction, operation, and management of
659645 correctional facilities of the state and facilities used for the
660646 commitment and rehabilitation of youths;
661647 [(5) juvenile delinquency and gang violence;
662648 [(6) criminal law, prohibitions, standards, and
663649 penalties as applied to juveniles;
664650 [(7) criminal procedure in the courts of Texas as it
665651 relates to juveniles; and
666652 [(8)] the following state agencies: the Texas
667653 Department of Criminal Justice, the Special Prosecution Unit, the
668654 Board of Pardons and Paroles, [the Texas Juvenile Justice Board,
669655 the Texas Juvenile Justice Department, the Office of Independent
670- Ombudsman for the Texas Juvenile Justice Department,] the Office of
671- Violent Sex Offender Management [Council on Sex Offender
672- Treatment], and the Texas Correctional Office on Offenders with
673- Medical or Mental Impairments[, and the Advisory Council on
674- Juvenile Services].
656+ Ombudsman for the Texas Juvenile Justice Department,] the Council
657+ on Sex Offender Treatment, and the Texas Correctional Office on
658+ Offenders with Medical or Mental Impairments[, and the Advisory
659+ Council on Juvenile Services].
675660 Sec. 6. COUNTY AFFAIRS. The committee shall have nine
676661 members, with jurisdiction over all matters pertaining to:
677662 (1) counties, including their organization, creation,
678663 boundaries, government, and finance and the compensation and duties
679664 of their officers and employees;
680665 (2) establishing districts for the election of
681666 governing bodies of counties;
682667 (3) regional councils of governments;
683668 (4) multicounty boards or commissions;
684669 (5) relationships or contracts between counties;
685670 (6) other units of local government; and
686671 (7) the following state agency: the Commission on
687672 Jail Standards.
688673 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
689674 seven [nine] members, with jurisdiction over all matters pertaining
690675 to:
691676 (1) criminal law, prohibitions, standards, and
692677 penalties;
693678 (2) probation and parole;
694679 (3) criminal procedure in the courts of Texas;
695680 (4) revision or amendment of the Penal Code; and
696681 (5) the following state agencies: the Office of State
697682 Prosecuting Attorney and the Texas State Council for Interstate
698683 Adult Offender Supervision.
699684 Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
700685 shall have seven members, with jurisdiction over:
701686 (1) the creation, operation, and control of state
702687 parks, including the development, maintenance, and operation of
703688 state parks in connection with the sales and use tax imposed on
704689 sporting goods, but not including any matter within the
705690 jurisdiction of the Committee on Appropriations;
706691 (2) the regulation and control of the propagation and
707692 preservation of wildlife and fish in the state;
708693 (3) the development and regulation of the fish and
709694 oyster industries of the state;
710695 (4) hunting and fishing in the state, and the
711696 regulation and control thereof, including the imposition of fees,
712697 fines, and penalties relating to that regulation;
713698 (5) the regulation of other recreational activities;
714699 (6) cultural resources and their promotion,
715700 development, and regulation;
716701 (7) historical resources and their promotion,
717702 development, and regulation;
718703 (8) promotion and development of Texas' image and
719704 heritage;
720705 (9) preservation and protection of Texas' shrines,
721706 monuments, and memorials;
722707 (10) international and interstate tourist promotion
723708 and development;
724709 (11) the Texas Economic Development and Tourism Office
725710 as it relates to the subject-matter jurisdiction of this committee;
726711 (12) the Gulf States Marine Fisheries Compact; and
727712 (13) the following state agencies: the Parks and
728713 Wildlife Department, the Texas Commission on the Arts, the State
729714 Cemetery Committee, the Texas State Library and Archives
730715 Commission, the Texas Historical Commission, the State
731716 Preservation Board, the San Jacinto Historical Advisory Board, and
732717 an office of state government to the extent the office promotes the
733718 Texas music industry.
734719 Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
735720 have seven [nine] members, with jurisdiction over all matters
736721 pertaining to:
737722 (1) the relations between the State of Texas and the
738723 federal government involving defense, emergency preparedness, and
739724 veterans issues;
740725 (2) the various branches of the military service of
741726 the United States;
742727 (3) the realignment or closure of military bases;
743728 (4) the defense of the state and nation, including
744729 terrorism response;
745730 (5) emergency preparedness;
746731 (6) veterans of military and related services; and
747732 (7) the following state agencies: the Texas Military
748733 [Adjutant General's] Department, the Texas Veterans Commission,
749734 the Veterans' Land Board, the Texas Military Preparedness
750735 Commission, the Texas Division of Emergency Management, and the
751736 Emergency Management Council.
752737 Sec. 10. ECONOMIC AND SMALL BUSINESS DEVELOPMENT. (a) The
753738 committee shall have nine members, with jurisdiction over all
754739 matters pertaining to:
755740 (1) workforce training;
756741 (2) commerce, trade, and manufacturing;
757742 (3) economic and industrial development;
758743 (4) development and support of small businesses;
759744 (5) job creation and job-training programs;
760745 (6) hours, wages, collective bargaining, and the
761746 relationship between employers and employees;
762747 (7) unemployment compensation, including coverage,
763748 benefits, taxes, and eligibility;
764749 (8) labor unions and their organization, control,
765750 management, and administration;
766751 (9) weights and measures; and
767752 (10) the following state agencies: the Texas Economic
768753 Development and Tourism Office, the Texas Workforce Commission, and
769754 the Texas Workforce Investment Council.
770755 (b) The chair of the committee shall appoint a permanent
771756 subcommittee on small business development [manufacturing]
772757 consisting of not fewer than five members to consider all matters
773758 pertaining to:
774759 (1) the establishment, operation, and well-being of
775760 small businesses and their employees in the state [manufacturing in
776761 the state, including the state's manufacturing capability]; and
777762 (2) identifying and addressing federal, state, and
778763 local regulatory barriers or impediments to the establishment,
779764 operation, and well-being of small businesses and their employees
780765 in the state [advances in manufacturing science and technology;
781766 [(3) the promotion of manufacturing research,
782767 development, and technology transfers in the state; and
783768 [(4) matters related to cooperation of state and local
784769 governments with the scientific, educational, and manufacturing
785770 communities, including industry, institutions of higher education,
786771 and federal or state experiment stations and laboratories].
787772 Sec. 11. ELECTIONS. The committee shall have seven
788773 members, with jurisdiction over all matters pertaining to:
789774 (1) the right of suffrage in Texas;
790775 (2) primary, special, and general elections;
791776 (3) revision, modification, amendment, or change of
792777 the Election Code;
793778 (4) the secretary of state in relation to elections;
794779 (5) campaign finance;
795780 (6) the duties and conduct of candidates for public
796781 office and of persons with an interest in influencing public
797782 policy; and
798783 (7) the following state agencies: the Office of the
799784 Secretary of State and the Texas Ethics Commission.
800785 Sec. 12. ENERGY RESOURCES. The committee shall have 13 [11]
801786 members, with jurisdiction over all matters pertaining to:
802787 (1) the conservation of the energy resources of Texas;
803788 (2) the production, regulation, transportation, and
804789 development of oil, gas, and other energy resources;
805790 (3) mining and the development of mineral deposits
806791 within the state;
807792 (4) the leasing and regulation of mineral rights under
808793 public lands;
809794 (5) pipelines, pipeline companies, and all others
810795 operating as common carriers in the state;
811796 (6) electric utility regulation as it relates to
812797 energy production and consumption;
813798 (7) identifying, developing, and using alternative
814799 energy sources;
815800 (8) increasing energy efficiency throughout the
816- state; [and]
817- (9) the coordination of the state's efforts related to
818- the federal designation of threatened and endangered species as it
819- relates to energy resources in the state; and
820- (10) [(9)] the following state agencies: the Railroad
801+ state; and
802+ (9) the following state agencies: the Railroad
821803 Commission of Texas, the Office of Interstate Oil and Gas Compact
822804 Commissioner for Texas, the Office of Interstate Mining Compact
823805 Commissioner for Texas, the State Energy Conservation Office, and
824806 the Office of Southern States Energy Board Member for Texas.
825807 Sec. 13. ENVIRONMENTAL REGULATION. The committee shall
826808 have nine members, with jurisdiction over all matters pertaining
827809 to:
828810 (1) air, land, and water pollution, including the
829811 environmental regulation of industrial development;
830812 (2) the regulation of waste disposal;
831813 (3) environmental matters that are regulated by the
832814 Department of State Health Services or the Texas Commission on
833815 Environmental Quality;
834816 (4) oversight of the Texas Commission on Environmental
835817 Quality as it relates to environmental regulation; and
836818 (5) the following state agency: the Texas Low-Level
837819 Radioactive Waste Disposal Compact Commission.
838- Sec. 14. GENERAL INVESTIGATING AND ETHICS (PROCEDURAL).
839- (a) The committee [General Investigating and Ethics Committee]
840- shall have seven [five] members of the house appointed by the
841- speaker. The speaker shall appoint the chair and the vice-chair of
842- the committee.
820+ Sec. 14. GENERAL INVESTIGATING, TRANSPARENCY IN GOVERNMENT
821+ OPERATIONS, AND ETHICS (PROCEDURAL). (a) The committee [General
822+ Investigating and Ethics Committee] shall have seven [five] members
823+ of the house appointed by the speaker. The speaker shall appoint
824+ the chair and the vice-chair of the committee.
843825 (b) The committee has all the powers and duties of a general
844826 investigating committee and shall operate as the general
845827 investigating committee of the house according to the procedures
846828 prescribed by Subchapter B, Chapter 301, Government Code, and the
847829 rules of the house, as applicable.
848830 (c) The committee may investigate a matter related to the
849831 misconduct, malfeasance, misfeasance, abuse of office, or
850832 incompetency of an individual or officer under Chapter 665,
851833 Government Code. The committee has all the powers and duties
852834 conferred by that chapter for the purpose of conducting the
853835 investigation, including the authority to propose articles of
854836 impeachment.
855837 (d) The committee has jurisdiction over all matters
856838 pertaining to the conduct of and ethical standards applicable to
857839 state and local government officers and employees, including
858840 individuals appointed to offices of the executive branch of state
859841 government for the purpose of ensuring that an appointed officer is
860- acting in the best interests of the State of Texas.
842+ acting in the best interests of the state agency or institution for
843+ which the officer is appointed.
861844 (e) The committee has jurisdiction over the operation of,
862845 including transparency in the reporting of financial transactions
863846 by, agencies of the judicial and executive branches of state
864- government and affiliated entities or foundations.
847+ government and affiliated entities, foundations, or related
848+ support groups.
865849 Sec. 15. GOVERNMENT TRANSPARENCY [EFFICIENCY] AND
866850 OPERATION [REFORM]. The committee shall have seven members, with
867851 jurisdiction over all matters pertaining to:
868852 (1) the organization, operation, powers, regulations,
869853 and management of state departments, agencies, institutions, and
870854 advisory committees;
871855 (2) elimination of inefficiencies in the provision of
872856 state services;
873857 (3) open government matters, including open records
874858 and open meetings; [and]
875859 (4) advances in science and technology, including
876860 telecommunications, electronic technology, or automated data
877861 processing, by state agencies, including institutions of higher
878862 education;
879863 (5) the promotion within the state of an advance
880864 described by Subdivision (4);
881865 (6) cooperation between the state or a local
882866 governmental entity and the scientific and technological
883867 community, including private businesses, institutions of higher
884868 education, and federal governmental laboratories; and
885869 (7) the Texas Emerging Technology Advisory Committee
886870 and the Sunset Advisory Commission.
887871 Sec. 16. HIGHER EDUCATION. (a) The committee shall have
888872 nine members, with jurisdiction over all matters pertaining to:
889873 (1) education beyond high school;
890874 (2) the colleges and universities of the State of
891875 Texas; and
892876 (3) the following state agencies: the Texas A&M
893877 Engineering Experiment Station, the Texas A&M Engineering
894878 Extension Service, the Texas Higher Education Coordinating Board,
895879 the Texas Guaranteed Student Loan Corporation, [the State Medical
896880 Education Board,] the Prepaid Higher Education Tuition Board, and
897881 the Texas A&M Transportation Institute.
898882 (b) The chair of the committee shall appoint a permanent
899883 subcommittee on postsecondary education and workforce readiness
900884 consisting of not fewer than five members to consider all matters
901885 pertaining to the availability of postsecondary educational
902886 opportunities in the state, including opportunities at:
903887 (1) public or private institutions of higher
904888 education;
905889 (2) nonprofit colleges or universities; and
906890 (3) career schools or colleges, or any other
907891 postsecondary educational providers in the state.
908892 Sec. 17. HOMELAND SECURITY AND PUBLIC SAFETY. The
909893 committee shall have nine members, with jurisdiction over all
910894 matters pertaining to:
911895 (1) law enforcement;
912896 (2) the prevention of crime and the apprehension of
913897 criminals;
914898 (3) the provision of security services by private
915899 entities;
916900 (4) homeland security, including:
917901 (A) the defense of the state and nation,
918902 including terrorism response; and
919903 (B) disaster mitigation, preparedness, response,
920904 and recovery; and
921905 (5) the following state agencies: the Texas Commission
922906 on Law Enforcement [Officer Standards and Education], the
923907 Department of Public Safety, the Texas Division of Emergency
924908 Management, the Emergency Management Council, the Texas Forensic
925909 Science Commission, the Texas Military Preparedness Commission,
926910 the Texas Private Security Board, the Commission on State Emergency
927911 Communications, and the Texas Crime Stoppers Council.
928912 Sec. 18. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
929913 committee shall have 11 members, with jurisdiction over:
930914 (1) administrative operation of the house and its
931915 employees;
932916 (2) the general house fund, with full control over all
933917 expenditures from the fund;
934918 (3) all property, equipment, and supplies obtained by
935919 the house for its use and the use of its members;
936920 (4) all office space available for the use of the house
937921 and its members;
938922 (5) the assignment of vacant office space, vacant
939923 parking spaces, and vacant desks on the house floor to members with
940924 seniority based on cumulative years of service in the house, except
941925 that the committee may make these assignments based on physical
942926 disability of a member where it deems proper;
943927 (6) all admissions to the floor during sessions of the
944928 house;
945929 (7) all proposals to invite nonmembers to appear
946930 before or address the house or a joint session;
947931 (8) all radio, television, and Internet broadcasting
948932 [and televising], live or recorded, of sessions of the house;
949933 (9) the electronic recording of the proceedings of the
950934 house of representatives and the custody of the recordings of
951935 testimony before house committees, with authority to promulgate
952936 reasonable rules, regulations, and conditions concerning the
953937 safekeeping, reproducing, and transcribing of the recordings, and
954938 the defraying of costs for transcribing the recordings, subject to
955939 other provisions of these rules;
956940 (10) all witnesses appearing before the house or any
957941 committee thereof in support of or in opposition to any pending
958942 legislative proposal; and
959943 (11) the following state agency: the State
960944 Preservation Board.
961945 (b) The committee must vote to adopt the annual budget for
962946 each house department.
963947 Sec. 19. HUMAN SERVICES. The committee shall have nine
964948 members, with jurisdiction over all matters pertaining to:
965949 (1) welfare and rehabilitation programs and their
966950 development, administration, and control;
967951 (2) oversight of the Health and Human Services
968952 Commission as it relates to the subject matter jurisdiction of this
969953 committee;
970954 (3) intellectual disabilities and the development of
971955 programs incident thereto;
972956 (4) the prevention and treatment of intellectual
973957 disabilities; and
974958 (5) the following state agencies: the Department of
975959 Aging and Disability Services, the Department of Assistive and
976960 Rehabilitative Services, the Department of Family and Protective
977961 Services, the Texas State Board of Social Worker Examiners, the
978962 Texas Council on Purchasing from People with Disabilities, and the
979963 Texas State Board of Examiners of Professional Counselors.
980964 Sec. 20. INSURANCE. The committee shall have nine members,
981965 with jurisdiction over all matters pertaining to:
982966 (1) insurance and the insurance industry;
983967 (2) all insurance companies and other organizations of
984968 any type writing or issuing policies of insurance in the State of
985969 Texas, including their organization, incorporation, management,
986970 powers, and limitations; and
987971 (3) the following state agencies: the Texas
988972 Department of Insurance, the Texas Health Benefits Purchasing
989973 Cooperative, and the Office of Public Insurance Counsel.
990974 Sec. 21. INTERNATIONAL TRADE AND INTERGOVERNMENTAL
991975 AFFAIRS. The committee shall have seven members, with
992976 jurisdiction over all matters pertaining to:
993977 (1) the relations between the State of Texas and other
994978 nations, including matters related to trade relations and
995979 international trade zones;
996980 (2) the relations between the State of Texas and the
997981 federal government other than matters involving defense, emergency
998982 preparedness, and veterans issues;
999983 (3) the relations between the State of Texas and other
1000984 states of the United States;
1001985 (4) international commerce and trade, including the
1002986 regulation of persons participating in international commerce and
1003987 trade;
1004988 (5) international and border regions (as described in
1005989 Sections 2056.002(e)(2) and (3), Government Code) economic
1006990 development, public health and safety issues affecting the border,
1007991 tourist development, and goodwill, and economic development,
1008992 tourist development, and goodwill in other areas of the state that
1009993 have experienced a significant increase in the percentage of the
1010994 population that consists of immigrants from other nations,
1011995 according to the last two federal decennial censuses or another
1012996 reliable measure;
1013997 (6) the provision of public services to persons
1014998 residing in proximity to Texas' international border or in other
1015999 areas of the state that have experienced a significant increase in
10161000 the percentage of the population that consists of immigrants from
10171001 other nations, according to the last two federal decennial censuses
10181002 or another reliable measure; and
10191003 (7) the following state agency: the Office of
10201004 State-Federal Relations.
10211005 Sec. 22. INVESTMENTS AND FINANCIAL SERVICES. (a) The
10221006 committee shall have seven members, with jurisdiction over all
10231007 matters pertaining to:
10241008 (1) banking and the state banking system;
10251009 (2) savings and loan associations;
10261010 (3) credit unions;
10271011 (4) the regulation of state and local bonded
10281012 indebtedness;
10291013 (5) the lending of money;
10301014 (6) the regulation of securities and investments;
10311015 (7) privacy and identity theft; and
10321016 (8) the following state agencies: the Finance
10331017 Commission of Texas, the Credit Union Commission, the Office of
10341018 Consumer Credit Commissioner, the Office of Banking Commissioner,
10351019 the Texas Department of Banking, the Department of Savings and
10361020 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
10371021 Texas Public Finance Authority, the Bond Review Board, and the
10381022 State Securities Board.
10391023 (b) The chair of the committee shall appoint a permanent
10401024 subcommittee on state and local bonded indebtedness consisting of
10411025 not fewer than five members to consider all matters pertaining to
10421026 bonded indebtedness by a state or local governmental entity,
10431027 including:
10441028 (1) the authority to issue bonds and the effects of
10451029 issuing bonds;
10461030 (2) the economic impact of bonded indebtedness; and
10471031 (3) the transparency of, and information provided to
10481032 taxpayers regarding, transactions related to the issuance of bonds.
10491033 Sec. 23. JUDICIARY AND CIVIL JURISPRUDENCE. The committee
10501034 shall have nine members, with jurisdiction over all matters
10511035 pertaining to:
10521036 (1) fines and penalties arising under civil laws;
10531037 (2) civil law, including rights, duties, remedies, and
10541038 procedures thereunder, and including probate and guardianship
10551039 matters;
10561040 (3) civil procedure in the courts of Texas;
10571041 (4) administrative law and the adjudication of rights
10581042 by administrative agencies;
10591043 (5) permission to sue the state;
10601044 (6) [civil law as it relates to familial
10611045 relationships, including rights, duties, remedies, and procedures
10621046 thereunder;
10631047 [(7)] uniform state laws;
10641048 (7) [(8)] creating, changing, or otherwise affecting
10651049 courts of judicial districts of the state;
10661050 (8) [(9)] establishing districts for the election of
10671051 judicial officers;
10681052 (9) [(10)] the State Commission on Judicial Conduct;
10691053 (10) [(11)] the Office of the Attorney General,
10701054 including its organization, powers, functions, and
10711055 responsibilities;
10721056 (11) [(12)] courts and court procedures except where
10731057 jurisdiction is specifically granted to some other standing
10741058 committee; and
10751059 (12) [(13)] the following state agencies: the Supreme
10761060 Court, the Courts of Appeals, the Court of Criminal Appeals, the
10771061 State Commission on Judicial Conduct, the Office of Court
10781062 Administration of the Texas Judicial System, the State Law Library,
10791063 the Texas Judicial Council, the Judicial Branch Certification
10801064 Commission [Guardianship Certification Board], the Office of the
10811065 Attorney General, [the Court Reporters Certification Board,] the
10821066 Board of Law Examiners, the State Bar of Texas, and the State Office
10831067 of Administrative Hearings.
10841068 Sec. 24. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
10851069 shall have seven members, with jurisdiction over all matters
10861070 pertaining to:
10871071 (1) the commitment and rehabilitation of youths;
10881072 (2) the construction, operation, and management of
10891073 correctional facilities of the state and facilities used for the
10901074 commitment and rehabilitation of youths;
10911075 (3) juvenile delinquency and gang violence;
10921076 (4) criminal law, prohibitions, standards, and
10931077 penalties as applied to juveniles;
10941078 (5) criminal procedure in the courts of Texas as it
10951079 relates to juveniles;
10961080 (6) civil law as it relates to familial relationships,
10971081 including rights, duties, remedies, and procedures; and
10981082 (7) the following state agencies: the Texas Juvenile
10991083 Justice Board, the Texas Juvenile Justice Department, the Office of
11001084 Independent Ombudsman for the Texas Juvenile Justice Department,
11011085 and the Advisory Council on Juvenile Services.
11021086 Sec. 25 [24]. LAND AND RESOURCE MANAGEMENT. The committee
11031087 shall have seven [nine] members, with jurisdiction over all matters
11041088 pertaining to:
11051089 (1) the management of public lands;
11061090 (2) the power of eminent domain;
11071091 (3) annexation, zoning, and other governmental
11081092 regulation of land use; and
11091093 (4) the following state agencies: the School Land
11101094 Board, the Board for Lease of University Lands, and the General Land
11111095 Office.
11121096 Sec. 26 [25]. LICENSING AND ADMINISTRATIVE PROCEDURES. The
11131097 committee shall have nine members, with jurisdiction over all
11141098 matters pertaining to:
11151099 (1) the oversight of businesses, industries, general
11161100 trades, and occupations regulated by this state;
11171101 (2) the regulation of greyhound and horse racing and
11181102 other gaming industries;
11191103 (3) regulation of the sale of intoxicating beverages
11201104 and local option control;
11211105 (4) the Alcoholic Beverage Code; and
11221106 (5) the following state agencies: the Texas
11231107 Department of Licensing and Regulation, the State Office of
11241108 Administrative Hearings, the Texas Board of Architectural
11251109 Examiners, the Texas State Board of Public Accountancy, the Texas
11261110 Real Estate Commission, the Texas State Board of Plumbing
11271111 Examiners, the Texas Board of Professional Engineers, the Real
11281112 Estate [Research] Center, the Texas Board of Professional Land
11291113 Surveying, the Texas Racing Commission, the Texas Appraiser
11301114 Licensing and Certification Board, the Texas Lottery Commission,
11311115 and the Texas Alcoholic Beverage Commission.
11321116 Sec. 27 [26]. LOCAL AND CONSENT CALENDARS (PROCEDURAL).
11331117 The committee shall have 13 members, with jurisdiction over:
11341118 (1) the placement on appropriate calendars of bills
11351119 and resolutions that, in the opinion of the committee, are in fact
11361120 local or will be uncontested, and have been recommended as such by
11371121 the standing committee of original jurisdiction; and
11381122 (2) the determination of priorities for floor
11391123 consideration of bills and resolutions except those within the
11401124 jurisdiction of the Committee on Calendars.
11411125 Sec. 28 [27]. NATURAL RESOURCES. (a) The committee shall
11421126 have 11 members, with jurisdiction over all matters pertaining to:
11431127 (1) the conservation of the natural resources of
11441128 Texas;
11451129 (2) the control and development of land and water and
11461130 land and water resources, including the taking, storing, control,
11471131 and use of all water in the state, and its appropriation and
11481132 allocation;
11491133 (3) irrigation, irrigation companies, and irrigation
11501134 districts, and their incorporation, management, and powers;
11511135 (4) the creation, modification, and regulation of
11521136 groundwater conservation districts and the modification and
11531137 regulation of water supply districts, water control and improvement
11541138 districts, conservation and reclamation districts, and all similar
11551139 organs of local government dealing with water and water supply;
11561140 (5) oversight of the Texas Commission on Environmental
11571141 Quality as it relates to the regulation of water resources; and
11581142 (6) the following state agencies: the Office of
11591143 Canadian River Compact Commissioner for Texas, the Office of Pecos
11601144 River Compact Commissioner for Texas, the Office of Red River
11611145 Compact Commissioner for Texas, the Office of Rio Grande Compact
11621146 Commissioner for Texas, the Office of Sabine River Compact
11631147 Commissioner [Administrator] for Texas, the Multi-State Water
11641148 Resources Planning Commission, and the Texas Water Development
11651149 Board.
11661150 (b) The chair of the committee shall appoint a permanent
11671151 subcommittee on special water districts consisting of not fewer
11681152 than five members to consider all matters pertaining to special
11691153 water districts within the jurisdiction of the committee,
11701154 including:
11711155 (1) the organization and operation of the districts;
11721156 (2) the powers and duties of the districts; and
11731157 (3) the districts' role in the conservation of natural
11741158 resources and the control and development of land and water in the
11751159 state.
11761160 Sec. 29 [28]. PENSIONS. The committee shall have seven
11771161 members, with jurisdiction over all matters pertaining to:
11781162 (1) benefits or participation in benefits of a public
11791163 retirement system and the financial obligations of a public
11801164 retirement system; and
11811165 (2) the following state agencies: the Texas Emergency
11821166 Services Retirement System [Office of Fire Fighters' Pension
11831167 Commissioner], the Board of Trustees of the Teacher Retirement
11841168 System of Texas, the Board of Trustees of the Employees Retirement
11851169 System of Texas, the Board of Trustees of the Texas County and
11861170 District Retirement System, the Board of Trustees of the Texas
11871171 Municipal Retirement System, and the State Pension Review Board.
11881172 Sec. 30 [29]. PUBLIC EDUCATION. (a) The committee shall
11891173 have 11 members, with jurisdiction over all matters pertaining to:
11901174 (1) the public schools and the public school system of
11911175 Texas and the financing thereof;
11921176 (2) the state programming of elementary and secondary
11931177 education for the public school system of Texas;
11941178 (3) proposals to create, change, or otherwise alter
11951179 school districts of the state; and
11961180 (4) the following state agencies: the State Board of
11971181 Education, the Texas Education Agency, the Office of Compact for
11981182 Education Commissioner for Texas, the Office of Southern Regional
11991183 Education Compact Commissioner for Texas, the Texas School for the
12001184 Blind and Visually Impaired, the State Board for Educator
12011185 Certification, and the Texas School for the Deaf.
12021186 (b) The chair of the committee shall appoint a permanent
12031187 subcommittee on educator quality consisting of not fewer than five
12041188 members to consider all matters pertaining to ensuring the high
12051189 quality of teachers in the state, including:
12061190 (1) ways to improve the quality of the existing
12071191 teacher workforce and recruit well-qualified individuals into the
12081192 workforce; and
12091193 (2) the adequacy of existing certification programs
12101194 for new teachers.
12111195 Sec. 31 [30]. PUBLIC HEALTH. The committee shall have 11
12121196 members, with jurisdiction over all matters pertaining to:
12131197 (1) the protection of public health, including
12141198 supervision and control of the practice of medicine and dentistry
12151199 and other allied health services;
12161200 (2) mental health and the development of programs
12171201 incident thereto;
12181202 (3) the prevention and treatment of mental illness;
12191203 (4) oversight of the Health and Human Services
12201204 Commission as it relates to the subject matter jurisdiction of this
12211205 committee; and
12221206 (5) the following state agencies: the Department of
12231207 State Health Services, the Anatomical Board of the State of Texas,
12241208 the Texas Funeral Service Commission, the State Committee of
12251209 Examiners in the Fitting and Dispensing of Hearing Instruments, the
12261210 Texas Health Services Authority, the Texas Optometry Board, the
12271211 Radiation Advisory Board, the Texas State Board of Pharmacy, the
12281212 Interagency Obesity Council, the Texas Board of Nursing, the Texas
12291213 Board of Chiropractic Examiners, the Texas Board of Physical
12301214 Therapy Examiners, the Texas State Board of Podiatric Medical
12311215 Examiners, the Texas State Board of Examiners of Psychologists, the
12321216 State Board of Dental Examiners, the Texas Medical Board, the
12331217 Advisory Board of Athletic Trainers, the Dental Hygiene Advisory
12341218 Committee, the Cancer Prevention and Research Institute of Texas,
12351219 the Texas State Board of Acupuncture Examiners, the Health
12361220 Professions Council, the Office of Patient Protection, and the
12371221 Texas Board of Occupational Therapy Examiners.
12381222 Sec. 32 [31]. REDISTRICTING (PROCEDURAL). The committee
12391223 shall have nine members, with jurisdiction over all matters
12401224 pertaining to:
12411225 (1) legislative districts, both house and senate, and
12421226 any changes or amendments;
12431227 (2) congressional districts, their creation, and any
12441228 changes or amendments;
12451229 (3) establishing districts for the election of
12461230 judicial officers or of governing bodies or representatives of
12471231 political subdivisions or state agencies as required by law; and
12481232 (4) preparations for the redistricting process.
12491233 Sec. 33 [32]. RULES AND RESOLUTIONS (PROCEDURAL). The
12501234 committee shall have 11 members, with jurisdiction over:
12511235 (1) Rules of Procedure of the House of
12521236 Representatives, and all proposed amendments;
12531237 (2) Joint Rules of the House and Senate, and all
12541238 proposed amendments;
12551239 (3) all procedures for expediting the business of the
12561240 house in an orderly and efficient manner;
12571241 (4) all resolutions to congratulate, memorialize, or
12581242 name mascots of the house; and
12591243 (5) other matters concerning rules, procedures, and
12601244 operation of the house assigned by the speaker.
12611245 Sec. 34 [33]. SPECIAL PURPOSE DISTRICTS. (a) The
12621246 committee shall have seven [nine] members, with jurisdiction over
12631247 all matters pertaining to:
12641248 (1) the creation of any special purpose district not
12651249 otherwise assigned by these rules to other standing committees,
12661250 including a crime control and prevention district, library
12671251 district, public improvement district, municipal management
12681252 district, municipal development district, irrigation district,
12691253 water improvement district, water control and improvement
12701254 district, river authority, or navigation district; and
12711255 (2) any other local government special purpose
12721256 district authorized or created under law that as the result of its
12731257 creation may levy or impose a tax, assessment, or fee for a special
12741258 purpose.
12751259 (b) In this section, "local government" means a political
12761260 subdivision of this state, other than a county, and includes a
12771261 corporation or other entity created by a political subdivision of
12781262 this state other than a county.
12791263 Sec. 35 [34]. STATE AFFAIRS. The committee shall have 13
12801264 members, with jurisdiction over all matters pertaining to:
12811265 (1) questions and matters of state policy;
12821266 (2) the administration of state government;
12831267 (3) the organization, operation, powers, regulation,
12841268 and management of state departments, agencies, and institutions;
12851269 (4) the operation and regulation of public lands and
12861270 state buildings;
12871271 (5) the duties and conduct of officers and employees
12881272 of the state government;
12891273 (6) the operation of state government and its agencies
12901274 and departments; all of above except where jurisdiction is
12911275 specifically granted to some other standing committee;
12921276 (7) access of the state agencies to scientific and
12931277 technological information;
12941278 (8) the regulation and deregulation of electric
12951279 utilities and the electric industry;
12961280 (9) the regulation and deregulation of
12971281 telecommunications utilities and the telecommunications industry;
12981282 (10) electric utility regulation as it relates to
12991283 energy production and consumption;
13001284 (11) pipelines, pipeline companies, and all others
13011285 operating as common carriers in the state;
13021286 (12) the regulation and deregulation of other
13031287 industries jurisdiction of which is not specifically assigned to
13041288 another committee under these rules; and
13051289 (13) the following organizations and state agencies:
13061290 the Council of State Governments, the National Conference of State
13071291 Legislatures, the Office of the Governor, the Texas Facilities
13081292 Commission, the Department of Information Resources, the Inaugural
13091293 Endowment Fund Committee, the Sunset Advisory Commission, the
13101294 Public Utility Commission of Texas, and the Office of Public
13111295 Utility Counsel.
13121296 [Sec. 35. TECHNOLOGY. The committee shall have five
13131297 members, with jurisdiction over all matters pertaining to:
13141298 [(1) advances in science and technology, including in
13151299 telecommunications, electronic technology, and automated data
13161300 processing;
13171301 [(2) the promotion of scientific research,
13181302 technological development, and technology transfer in the state;
13191303 [(3) matters relating to cooperation of state and
13201304 local governments with the scientific and technological community,
13211305 including industry, institutions of higher education, and federal
13221306 governmental laboratories; and
13231307 [(4) the Texas Emerging Technology Advisory
13241308 Committee.]
13251309 Sec. 36. TRANSPORTATION. (a) The committee shall have 13
13261310 [11] members, with jurisdiction over all matters pertaining to:
13271311 (1) commercial motor vehicles, both bus and truck, and
13281312 their control, regulation, licensing, and operation;
13291313 (2) the Texas highway system, including all roads,
13301314 bridges, and ferries constituting a part of the system;
13311315 (3) the licensing of private passenger vehicles to
13321316 operate on the roads and highways of the state;
13331317 (4) the regulation and control of traffic on the
13341318 public highways of the State of Texas;
13351319 (5) railroads, street railway lines, interurban
13361320 railway lines, steamship companies, and express companies;
13371321 (6) airports, air traffic, airlines, and other
13381322 organizations engaged in transportation by means of aerial flight;
13391323 (7) water transportation in the State of Texas, and
13401324 the rivers, harbors, and related facilities used in water
13411325 transportation and the agencies of government exercising
13421326 supervision and control thereover;
13431327 (8) the regulation of metropolitan transit; and
13441328 (9) the following state agencies: the Texas Department
13451329 of Motor Vehicles, the Texas Department of Transportation, and the
13461330 Texas Transportation Commission.
13471331 (b) The chair of the committee shall appoint a permanent
13481332 subcommittee on long-term transportation infrastructure planning
13491333 consisting of not fewer than seven members to consider all matters
13501334 pertaining to the transportation needs of the state during the next
13511335 10 years and funding mechanisms to provide for meeting those needs.
13521336 Sec. 37. URBAN AFFAIRS. The committee shall have seven
13531337 members, with jurisdiction over all matters pertaining to:
13541338 (1) municipalities, including their creation,
13551339 organization, powers, government, and finance, and the
13561340 compensation and duties of their officers and employees;
13571341 (2) home-rule municipalities, their relationship to
13581342 the state, and their powers, authority, and limitations;
13591343 (3) the creation or change of metropolitan areas and
13601344 the form of government under which those areas operate;
13611345 (4) problems and issues particularly affecting
13621346 metropolitan areas of the state;
13631347 (5) other units of local government not otherwise
13641348 assigned by these rules to other standing committees;
13651349 (6) establishing districts for the election of
13661350 governing bodies of municipalities;
13671351 (7) land use regulation by municipalities; and
13681352 (8) the following state agencies: the Texas
13691353 Department of Housing and Community Affairs and the Texas
13701354 Commission on Fire Protection.
13711355 Sec. 38. WAYS AND MEANS. (a) The committee shall have 11
13721356 [nine] members, with jurisdiction over:
13731357 (1) all bills and resolutions proposing to raise state
13741358 revenue;
13751359 (2) all bills or resolutions proposing to levy state
13761360 taxes or other fees;
13771361 (3) all proposals to modify, amend, or change any
13781362 existing state tax or revenue statute;
13791363 (4) all proposals to regulate the manner of collection
13801364 of state revenues and taxes;
13811365 (5) all bills and resolutions containing provisions
13821366 resulting in automatic allocation of funds from the state treasury;
13831367 (6) all bills and resolutions diverting funds from the
13841368 state treasury or preventing funds from going in that otherwise
13851369 would be placed in the state treasury;
13861370 (7) all bills and resolutions proposing to permit a
13871371 local government to raise revenue;
13881372 (8) all bills and resolutions proposing to permit a
13891373 local government to levy or impose property taxes, sales and use
13901374 taxes, or other taxes and fees;
13911375 (9) all proposals to modify, amend, or change any
13921376 existing local government tax or revenue statute;
13931377 (10) all proposals to regulate the manner of
13941378 collection of local government revenues and taxes;
13951379 (11) all bills and resolutions relating to the
13961380 appraisal of property for taxation;
13971381 (12) all bills and resolutions relating to the Tax
13981382 Code; and
13991383 (13) the following state agencies: the Office of
14001384 Multistate Tax Compact Commissioner for Texas and the [State]
14011385 Comptroller of Public Accounts.
14021386 (b) The chair of the committee shall appoint one or more
14031387 subcommittees consisting of not fewer than five members each, with
14041388 each subcommittee focusing on a specific method of taxation and all
14051389 matters pertaining to that method. One subcommittee must be
14061390 appointed to consider property taxation.
14071391 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
14081392 CHAPTER A. ORGANIZATION
14091393 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
14101394 committees of the house, and the number of members and general
14111395 jurisdiction of each, shall be as enumerated in Rule 3.
14121396 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
14131397 the standing committees shall be determined at the beginning of
14141398 each regular session in the following manner:
14151399 (1) For each standing substantive committee, a maximum
14161400 of one-half of the membership, exclusive of the chair and
14171401 vice-chair, shall be determined by seniority. The remaining
14181402 membership of the committee shall be appointed by the speaker.
14191403 (2) Each member of the house, in order of seniority,
14201404 may designate three committees on which he or she desires to serve,
14211405 listed in order of preference. The member is entitled to become a
14221406 member of the committee of his or her highest preference on which
14231407 there remains a vacant seniority position.
14241408 (3) If members of equal seniority request the same
14251409 committee, the speaker shall appoint the member from among those
14261410 requesting that committee. Seniority, as the term is used in this
14271411 subsection, shall mean years of cumulative service as a member of
14281412 the house of representatives.
14291413 (4) After each member of the house has selected one
14301414 committee on the basis of seniority, the remaining membership on
14311415 each standing committee shall be filled by appointment of the
14321416 speaker, subject to the limitations imposed in this chapter.
14331417 (5) Seniority shall not apply to a procedural
14341418 committee. For purposes of these rules, the procedural committees
14351419 are the Committee on Calendars, the Committee on Local and Consent
14361420 Calendars, the Committee on Rules and Resolutions, the General
1437- Investigating and Ethics Committee, the Committee on House
1438- Administration, and the Committee on Redistricting. The entire
1439- membership of these committees shall be appointed by the speaker.
1421+ Investigating, Transparency in Government Operations, and Ethics
1422+ Committee, the Committee on House Administration, and the Committee
1423+ on Redistricting. The entire membership of these committees shall
1424+ be appointed by the speaker.
14401425 (6) In announcing the membership of committees, the
14411426 speaker shall designate those appointed by the speaker and those
14421427 acquiring membership by seniority.
14431428 (7) The speaker shall designate the chair and
14441429 vice-chair from the total membership of the committee.
14451430 (b) In the event of a vacancy in a representative district
14461431 that has not been filled at the time of the determination of the
14471432 membership of standing committees, the representative of the
14481433 district who fills that vacancy shall not be entitled to select a
14491434 committee on the basis of seniority. Committee appointments on
14501435 behalf of that district shall be designated by the district number.
14511436 (c) In the event that a member-elect of the current
14521437 legislature has not taken the oath of office by the end of the ninth
14531438 day of the regular session, the representative of that district
14541439 shall not be entitled to select a committee on the basis of
14551440 seniority. If the member-elect has not taken the oath of office by
14561441 the time committee appointments are announced, committee
14571442 appointments on behalf of that district shall be designated by
14581443 district number.
14591444 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
14601445 and vice-chair, members of a standing committee shall rank
14611446 according to their seniority.
14621447 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
14631448 concurrently on more than two standing substantive committees.
14641449 (b) A member serving as chair of the Committee on
14651450 Appropriations or the Committee on State Affairs may not serve on
14661451 any other substantive committee.
14671452 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
14681453 a standing, select, or interim committee subsequent to its
14691454 organization, the speaker shall appoint an eligible member to fill
14701455 the vacancy.
14711456 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
14721457 shall:
14731458 (1) be responsible for the effective conduct of the
14741459 business of the committee;
14751460 (2) appoint all subcommittees and determine the number
14761461 of members to serve on each subcommittee;
14771462 (3) in consultation with members of the committee,
14781463 schedule the work of the committee and determine the order in which
14791464 the committee shall consider and act on bills, resolutions, and
14801465 other matters referred to the committee;
14811466 (4) have authority to employ and discharge the staff
14821467 and employees authorized for the committee and have supervision and
14831468 control over all the staff and employees;
14841469 (5) direct the preparation of all committee reports.
14851470 No committee report shall be official until signed by the chair of
14861471 the committee, or by the person acting as chair, or by a majority of
14871472 the membership of the committee;
14881473 (6) determine the necessity for public hearings,
14891474 schedule hearings, and be responsible for directing the posting of
14901475 notice of hearings as required by the rules;
14911476 (7) preside at all meetings of the committee and
14921477 control its deliberations and activities in accordance with
14931478 acceptable parliamentary procedure; and
14941479 (8) have authority to direct the sergeant-at-arms to
14951480 assist, where necessary, in enforcing the will of the committee.
1496- Sec. 7. BILL ANALYSES. (a) Except for the general
1481+ Sec. 7. BILL ANALYSES. Except for the general
14971482 appropriations bill, for each bill or joint resolution referred to
14981483 the committee, the staff of the committee shall be responsible for
1499- distributing a copy of a bill analysis to:
1500- (1) each member of the committee [and to the author of
1501- a house measure or sponsor of a senate measure] at the earliest
1502- possible opportunity but not later than the first time the measure
1503- is laid out in a committee meeting; and
1504- (2) except for an analysis prepared by the Texas
1505- Legislative Council, the author of a house measure or sponsor of a
1484+ distributing a copy of a bill analysis to each member of the
1485+ committee and to the author of a house measure or sponsor of a
15061486 senate measure at the earliest possible opportunity but not later
1507- than 48 hours before the first time the measure is laid out in a
1508- committee meeting.
1509- (b) The author of the bill or joint resolution may request
1510- the Texas Legislative Council to prepare an analysis for purposes
1511- of this section suitable for distribution by committee staff to
1512- each member of the committee.
1513- (c) The Texas Legislative Council shall provide to the
1514- author of a house measure or sponsor of a senate measure a copy of an
1515- analysis at the time the analysis is provided to the staff of the
1516- committee.
1517- (d) The author of a bill or joint resolution may request
1518- that an analysis prepared for purposes of this section include a
1519- statement written by the author that includes any additional
1520- information that the author considers appropriate.
1487+ than the first time the measure is laid out in a committee meeting.
1488+ The author of the bill or joint resolution may request the Texas
1489+ Legislative Council to prepare an analysis for purposes of this
1490+ section suitable for distribution by committee staff to each member
1491+ of the committee.
15211492 CHAPTER B. PROCEDURE
15221493 Sec. 8. MEETINGS. (a) As soon as practicable after
15231494 standing committees are constituted and organized, the committee
15241495 coordinator, under the direction of the Committee on House
15251496 Administration, shall prepare a schedule for regular meetings of
15261497 all standing committees. This schedule shall be published in the
15271498 house journal and posted in a convenient and conspicuous place near
15281499 the entrance to the house and on other posting boards for committee
15291500 meeting notices, as determined necessary by the Committee on House
15301501 Administration. To the extent practicable during each regular
15311502 session, standing committees shall conduct regular committee
15321503 meetings in accordance with the schedule of meetings prepared by
15331504 the committee coordinator under the supervision of the Committee on
15341505 House Administration.
15351506 (b) Standing committees shall meet at other times as may be
15361507 determined by the committee, or as may be called by the chair.
15371508 Subcommittees of standing committees shall likewise meet at other
15381509 times as may be determined by the committee, or as may be called by
15391510 the chair of the committee or subcommittee.
15401511 (c) Committees shall also meet in such places and at such
15411512 times as the speaker may designate.
15421513 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
15431514 committee or subcommittee shall meet during the time the house is in
15441515 session without permission being given by a majority vote of the
15451516 house. No standing committee or subcommittee shall conduct its
15461517 meeting on the floor of the house or in the house chamber while the
15471518 house is in session, but shall, if given permission to meet while
15481519 the house is in session, retire to a designated committee room for
15491520 the conduct of its meeting.
15501521 Sec. 10. PURPOSES FOR MEETING. A committee or a
15511522 subcommittee may be assembled for:
15521523 (1) a public hearing where testimony is to be heard,
15531524 and where official action may be taken, on bills, resolutions, or
15541525 other matters;
15551526 (2) a formal meeting where the committee may discuss
15561527 and take official action on bills, resolutions, or other matters
15571528 without testimony; and
15581529 (3) a work session where the committee may discuss
15591530 bills, resolutions, or other matters but take no formal action.
15601531 Sec. 11. POSTING NOTICE. (a) No committee or
15611532 subcommittee, including a calendars committee, shall assemble for
15621533 the purpose of a public hearing during a regular session unless
15631534 notice of the hearing has been posted in accordance with the rules
15641535 at least five calendar days in advance of the hearing. No committee
15651536 or subcommittee, including a calendars committee, shall assemble
15661537 for the purpose of a public hearing during a special session unless
15671538 notice of the hearing has been posted in accordance with the rules
15681539 at least 24 hours in advance of the hearing. The committee minutes
15691540 shall reflect the date of each posting of notice. Notice shall not
15701541 be required for a public hearing on a senate bill which is
15711542 substantially the same as a house bill that has previously been the
15721543 subject of a duly posted public hearing by the committee.
15731544 (b) No committee or subcommittee, including a calendars
15741545 committee, shall assemble for the purpose of a formal meeting or
15751546 work session during a regular or special session unless written
15761547 notice has been posted and transmitted to each member of the
15771548 committee two hours in advance of the meeting or an announcement has
15781549 been filed with the journal clerk and read by the reading clerk
15791550 while the house is in session.
15801551 (c) All committees meeting during the interim for the
15811552 purpose of a formal meeting, work session, or public hearing shall
15821553 post notice in accordance with the rules and notify members of the
15831554 committee at least five calendar days in advance of the meeting.
15841555 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
15851556 committee or subcommittee, including a calendars committee, shall
15861557 be open to other members, the press, and the public unless
15871558 specifically provided otherwise by resolution adopted by the house.
1588- However, the General Investigating and Ethics Committee or a
1589- committee considering an impeachment, an address, the punishment of
1590- a member of the house, or any other matter of a quasi-judicial
1591- nature may meet in executive session for the limited purpose of
1592- examining a witness or deliberating, considering, or debating a
1593- decision, but no decision may be made or voted on except in a
1594- meeting that is open to the public and otherwise in compliance with
1595- the rules of the house.
1559+ However, the General Investigating, Transparency in Government
1560+ Operations, and Ethics Committee or a committee considering an
1561+ impeachment, an address, the punishment of a member of the house, or
1562+ any other matter of a quasi-judicial nature may meet in executive
1563+ session for the limited purpose of examining a witness or
1564+ deliberating, considering, or debating a decision, but no decision
1565+ may be made or voted on except in a meeting that is open to the
1566+ public and otherwise in compliance with the rules of the house.
15961567 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
15971568 Procedure of the House of Representatives, and to the extent
15981569 applicable, the rules of evidence and procedure in the civil courts
15991570 of Texas, shall govern the hearings and operations of each
16001571 committee, including a calendars committee. Subject to the
16011572 foregoing, and to the extent necessary for orderly transaction of
16021573 business, each committee may promulgate and adopt additional rules
16031574 and procedures by which it will function.
16041575 (b) No standing committee, including a calendars committee,
16051576 or any subcommittee, shall adopt any rule of procedure, including
16061577 but not limited to an automatic subcommittee rule, which will have
16071578 the effect of thwarting the will of the majority of the committee or
16081579 subcommittee or denying the committee or subcommittee the right to
16091580 ultimately dispose of any pending matter by action of a majority of
16101581 the committee or subcommittee. A bill or resolution may not be laid
16111582 on the table subject to call in committee without a majority vote of
16121583 the committee.
16131584 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
16141585 rulings of the chair of a committee shall be in order if seconded by
16151586 three members of the committee, which may include the member making
16161587 the appeal. Procedure in committee following an appeal which has
16171588 been seconded shall be the same as the procedure followed in the
16181589 house in a similar situation.
16191590 Sec. 15. PREVIOUS QUESTION. Before the previous question
16201591 can be ordered in a committee, the motion therefor must be seconded
16211592 by not less than 4 members of a committee consisting of 21 or more
16221593 members, 3 members of a committee consisting of less than 21 members
16231594 and more than 10 members, or 2 members of a committee consisting of
16241595 10 members or less. If the motion is properly seconded and ordered
16251596 by a majority vote of the committee, further debate on the
16261597 proposition under consideration shall be terminated, and the
16271598 proposition shall be immediately put to a vote of the committee for
16281599 its action.
16291600 Sec. 16. QUORUM. A majority of a committee shall
16301601 constitute a quorum. No action or recommendation of a committee
16311602 shall be valid unless taken at a meeting of the committee with a
16321603 quorum actually present, and the committee minutes shall reflect
16331604 the names of those members of the committee who were actually
16341605 present. No committee report shall be made to the house nor shall
16351606 bills or resolutions be placed on a calendar unless ordered by a
16361607 majority of the membership of the committee, except as otherwise
16371608 provided in the rules, and a quorum of the committee must be present
16381609 when the vote is taken on reporting a bill or resolution, on placing
16391610 bills or resolutions on a calendar, or on taking any other formal
16401611 action within the authority of the committee. No committee report
16411612 shall be made nor shall bills or resolutions be placed on a calendar
16421613 except by record vote of the members of the committee, with the yeas
16431614 and nays to be recorded in the minutes of the committee. Proxies
16441615 cannot be used in committees.
16451616 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
16461617 order to move a call of a committee at any time to secure and
16471618 maintain a quorum for any one or more of the following purposes:
16481619 (1) for the consideration of a specific bill,
16491620 resolution, or other matter;
16501621 (2) for a definite period of time; or
16511622 (3) for the consideration of any designated class of
16521623 bills or other matters.
16531624 (b) When a call of a committee is moved for one or more of
16541625 the foregoing purposes and seconded by two members, one of whom may
16551626 be the chair, and is ordered by a majority of the members present,
16561627 no member shall thereafter be permitted to leave the committee
16571628 meeting without written permission from the chair. After the call
16581629 is ordered, and in the absence of a quorum, the chair shall have the
16591630 authority to authorize the sergeant-at-arms to locate absent
16601631 members of the committee and to compel their attendance for the
16611632 duration of the call.
16621633 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
16631634 including a calendars committee, the chair, or the member acting as
16641635 chair, shall keep complete minutes of the proceedings in committee,
16651636 which shall include:
16661637 (1) the time and place of each meeting of the
16671638 committee;
16681639 (2) a roll call to determine the members present at
16691640 each meeting of the committee, whether that meeting follows an
16701641 adjournment or a recess from a previous committee meeting;
16711642 (3) an accurate record of all votes taken, including a
16721643 listing of the yeas and nays cast on a record vote;
16731644 (4) the date of posting of notice of the meeting; and
16741645 (5) other information that the chair shall determine.
16751646 (b) The minutes for each public hearing of a committee shall
16761647 also include an attachment listing the names of the persons, other
16771648 than members of the legislature, and the persons or entities
16781649 represented by those persons, who were recognized by the chair to
16791650 address the committee. The attachment shall also list the name of
16801651 each person, other than a member of the legislature, who submitted
16811652 to the committee a sworn statement indicating that the person was
16821653 present in favor of, in opposition to, or without taking a position
16831654 on the measure or other matter, but who because of the person's
16841655 departure or other reason was not recognized by the chair to address
16851656 the committee; provided that the omission of the name of such a
16861657 person is not a sustainable question of order.
16871658 (c) Committee minutes shall be corrected only at the
16881659 direction of the chair as authorized by a majority vote of the
16891660 committee. Duplicate originals of committee minutes shall be
16901661 maintained, one to remain with the committee chair and the other to
16911662 be filed with the committee coordinator. The committee minutes of a
16921663 meeting of the Appropriations Committee on the general
16931664 appropriations bill must be filed with the committee coordinator
16941665 within five days of the committee meeting. All other committee
16951666 minutes must be filed with the committee coordinator within three
16961667 days of the committee meeting for a substantive committee, and
16971668 within one day of the committee meeting for a procedural committee.
16981669 If the date on which the committee minutes are due occurs on a
16991670 Saturday, Sunday, or holiday on which the house is not in session,
17001671 the committee minutes shall be filed on the following working day.
17011672 The time at which the minutes are filed shall be time-stamped on the
17021673 duplicate originals of the minutes that are filed with the
17031674 committee coordinator. The duplicate originals shall be available
17041675 at all reasonable business hours for inspection by members or the
17051676 public.
17061677 (d) The committee coordinator shall maintain the minutes
17071678 and records safe from loss, destruction, and alteration at all
17081679 times, and may, at any time, turn them, or any portion, over to the
17091680 Committee on House Administration.
17101681 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
17111682 committee coordinator may establish procedures for making
17121683 available to the public on the Internet documents relating to the
17131684 proceedings of substantive committees.
17141685 (b) A substantive committee may make available to the public
17151686 on the Internet:
17161687 (1) any committee substitute or amendment laid before
17171688 the committee; and
17181689 (2) any nonconfidential written testimony submitted
17191690 by a state agency for consideration by the committee that relates to
17201691 a measure referred to the committee.
17211692 (c) A committee's failure to comply with this section is not
17221693 subject to a point of order.
17231694 Sec. 19. RECORDING OF TESTIMONY. All testimony before
17241695 committees and subcommittees shall be electronically recorded
17251696 under the direction of the Committee on House Administration.
17261697 Copies of the testimony may be released under guidelines
17271698 promulgated by the Committee on House Administration.
17281699 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
17291700 coordinator, under the direction of the Committee on House
17301701 Administration, shall prescribe the form of a sworn statement,
17311702 which may be in electronic or paper format, to be executed by all
17321703 persons, other than members, who wish to be recognized by the chair
17331704 to address the committee. The statement shall provide for showing
17341705 at least:
17351706 (1) the committee or subcommittee;
17361707 (2) the name, address, and telephone number of the
17371708 person appearing;
17381709 (3) the person, firm, corporation, class, or group
17391710 represented;
17401711 (4) the type of business, profession, or occupation in
17411712 which the person is engaged, if the person is representing himself
17421713 or herself; and
17431714 (5) the matter before the committee on which the
17441715 person wishes to be recognized to address the committee and whether
17451716 for, against, or neutral on the matter.
17461717 (b) No person shall be recognized by the chair to address
17471718 the committee in favor of, in opposition to, or without taking a
17481719 position on a matter until the sworn statement has been filed with
17491720 the chair of the committee. The chair of the committee shall
17501721 indicate whether the person completing the statement was recognized
17511722 to address the committee.
17521723 (c) Sworn statements submitted in paper format for those
17531724 persons recognized by the chair to address the committee shall
17541725 accompany the copy of the minutes of the meeting filed with the
17551726 committee coordinator.
17561727 (d) All persons, other than members, recognized by the chair
17571728 to address the committee shall give their testimony under oath, and
17581729 each committee may avail itself of additional powers and
17591730 prerogatives authorized by law.
17601731 (e) The committee shall ensure that an individual who is
17611732 blind receives any necessary assistance in executing the sworn
17621733 statement.
17631734 (f) The committee shall inform a witness who is blind which
17641735 members of the committee are present when the witness begins to
17651736 testify and shall inform the witness during the testimony of the
17661737 departure and arrival of committee members.
17671738 (g) The chair may recognize a witness who has been invited
17681739 by the committee to attend the meeting but is not present in the
17691740 same physical location as the committee to testify before the
17701741 committee through an Internet or other videoconferencing system if:
17711742 (1) the witness has executed a sworn statement, in
17721743 electronic or paper format, under this section;
17731744 (2) the witness has filed the statement or a copy of
17741745 the statement with the chair before testifying; and
17751746 (3) two-way communication has been enabled to allow
17761747 the witness to be clearly visible and audible to the committee
17771748 members and the committee members to be clearly visible and audible
17781749 to the witness.
1779- (h) A person who serves as an interpreter for a witness
1780- before a committee must execute a form prescribed by the committee
1781- coordinator, under the direction of the Committee on House
1782- Administration. The form must at least include the name of the
1783- interpreter and the name of the witness whom the interpreter is
1784- serving.
17851750 Sec. 20A. VIDEO TESTIMONY. The committee coordinator shall
17861751 examine the feasibility of, and to the extent practicable at the
17871752 time the committee coordinator determines appropriate, establish
17881753 procedures to permit a person to submit testimony relating to
17891754 measures under consideration by a committee to the committee in the
17901755 form of an online video. The procedures established must ensure
17911756 that testimony submitted in the form of a video is available to the
17921757 public on the Internet. Online video testimony submitted to the
17931758 committee may not exceed three minutes. Unless the person
17941759 testifies as a witness in a public hearing, a person appearing in
17951760 online video testimony may not submit a witness affirmation form
17961761 and the person's name may not appear on a witness list.
17971762 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
17981763 By a record vote of not less than two-thirds of those present and
17991764 voting, a quorum being present, each standing committee shall have
18001765 the power and authority to issue process to witnesses at any place
18011766 in the State of Texas, to compel their attendance, and to compel the
18021767 production of all books, records, and instruments. If necessary to
18031768 obtain compliance with subpoenas or other process, the committee
18041769 shall have the power to issue writs of attachment. All process
18051770 issued by the committee may be addressed to and served by an agent
18061771 of the committee or a sergeant-at-arms appointed by the committee
18071772 or by any peace officer of the State of Texas. The committee shall
18081773 also have the power to cite and have prosecuted for contempt, in the
18091774 manner provided by law, anyone disobeying the subpoenas or other
18101775 process lawfully issued by the committee. The chair of the
18111776 committee shall issue, in the name of the committee, the subpoenas
18121777 and other process as the committee may direct.
18131778 (b) The chair may summon the governing board or other
18141779 representatives of a state agency to appear and testify before the
18151780 committee without issuing process under Subsection (a) of this
18161781 section. The summons may be communicated in writing, orally, or
18171782 electronically. If the persons summoned fail or refuse to appear,
18181783 the committee may issue process under Subsection (a) of this
18191784 section.
18201785 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
18211786 prior approval by the Committee on House Administration, witnesses
18221787 attending proceedings of any committee under process of the
18231788 committee shall be allowed the same mileage and per diem as are
18241789 allowed members of the committee when in a travel status, to be paid
18251790 out of the contingent expense fund of the house of representatives
18261791 on vouchers approved by the chair of the committee, the chair of the
18271792 Committee on House Administration, and the speaker of the house.
18281793 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
18291794 Each committee is authorized to request the assistance, when
18301795 needed, of all state departments, agencies, and offices, and it
18311796 shall be the duty of the departments, agencies, and offices to
18321797 assist the committee when requested to do so. Each committee shall
18331798 have the power and authority to inspect the records, documents, and
18341799 files of every state department, agency, and office, to the extent
18351800 necessary to the discharge of its duties within the area of its
18361801 jurisdiction.
18371802 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
18381803 meeting of a committee, the chair may recognize a member of the
18391804 house who is not a member of the committee to provide information to
18401805 the committee, and may recognize a member of the senate for that
18411806 purpose. Recognition is solely within the discretion of the chair
18421807 and is not subject to appeal by that member.
18431808 CHAPTER C. COMMITTEE FUNCTIONS
18441809 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
18451810 by subcommittees, are hereby authorized to conduct studies that are
18461811 authorized by the speaker pursuant to Rule 1, Section 17. Studies
18471812 may not be authorized by resolution. The speaker may appoint public
18481813 citizens and officials of state and local governments to standing
18491814 committees to augment the membership for the purpose of interim
18501815 studies and shall provide a list of such appointments to the chief
18511816 clerk. The chair of the standing committee shall have authority to
18521817 name the subcommittees necessary and desirable for the conduct of
18531818 the interim studies and shall also prepare a budget for interim
18541819 studies for approval by the Committee on House Administration.
18551820 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
18561821 CALENDAR. No motion is in order in a committee considering a bill,
18571822 resolution, or other matter that would prevent the committee from
18581823 reporting it back to the house or placing it on a calendar in
18591824 accordance with the Rules of the House.
18601825 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
18611826 committee on bills or resolutions referred to it shall be
18621827 considered as final unless it is in the form of a favorable report,
18631828 an unfavorable report, or a report of inability to recommend a
18641829 course of action.
18651830 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
18661831 committee to report favorably or unfavorably must receive
18671832 affirmative majority votes, majority negative votes to either
18681833 motion being insufficient to report. If a committee is unable to
18691834 agree on a recommendation for action, as in the case of a tie vote,
18701835 it should submit a statement of this fact as its report, and the
18711836 house shall decide, by a majority vote, the disposition of the
18721837 matter by one of the following alternatives:
18731838 (1) leave the bill in the committee for further
18741839 consideration;
18751840 (2) refer the bill to some other committee; or
18761841 (3) order the bill printed, in which case the bill
18771842 shall go to the Committee on Calendars for placement on a calendar
18781843 and for proposal of an appropriate rule for house consideration.
18791844 Sec. 28. MINORITY REPORTS. The report of a minority of a
18801845 committee shall be made in the same general form as a majority
18811846 report. No minority report shall be recognized by the house unless
18821847 it has been signed by not less than 4 members of a committee
18831848 consisting of 21 or more members, 3 members of a committee
18841849 consisting of less than 21 members and more than 10 members, or 2
18851850 members of a committee consisting of 10 or less members. Only
18861851 members who were present when the vote was taken on the bill,
18871852 resolution, or other matter being reported, and who voted on the
18881853 losing side, may sign a minority report. Notice of intention to
18891854 file a minority report shall be given to the assembled committee
18901855 after the vote on the bill, resolution, or other matter, and before
18911856 the recess or adjournment of the committee, provided ample
18921857 opportunity is afforded for the giving of notice; otherwise, notice
18931858 may be given in writing to the chief clerk within 24 hours after the
18941859 recess or adjournment of the committee.
18951860 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
18961861 majority report on a bill is unfavorable, and a favorable minority
18971862 report is not signed in accordance with Section 28 of this rule and
18981863 filed with the chief clerk within two calendar days, exclusive of
18991864 Sunday and the date of committee action, the chief clerk shall file
19001865 the bill away as dead; except during the last 15 calendar days of a
19011866 regular session, or the last 7 calendar days of a special session,
19021867 when the chief clerk shall hold a bill only one calendar day,
19031868 exclusive of Sunday and the date of committee action, awaiting the
19041869 filing of a minority report before the bill is filed away as dead.
19051870 If the favorable minority report is properly signed and filed, the
19061871 chief clerk shall hold the bill for five legislative days,
19071872 exclusive of the legislative day in which the minority report was
19081873 filed, awaiting adoption by the house of a motion to print the bill
19091874 on minority report. If the motion to print is carried, the bill
19101875 shall be printed as if it had been reported favorably, and shall
19111876 then be immediately forwarded to the Committee on Calendars for
19121877 placement on a calendar and for proposal of an appropriate rule for
19131878 house consideration. If a motion to print a bill on minority report
19141879 is not made within the five legislative days authorized above, the
19151880 chief clerk shall file the bill away as dead. It shall not be in
19161881 order to move to recommit a bill adversely reported with no minority
19171882 report, except as provided in Section 30 of this rule. A two-thirds
19181883 vote of the house shall be required to print on minority report a
19191884 joint resolution proposing an amendment to the Constitution of
19201885 Texas.
19211886 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
19221887 AUTHOR. No adverse report shall be made on any bill or resolution
19231888 by any committee without first giving the author or sponsor of the
19241889 bill an opportunity to be heard. If it becomes evident to the house
19251890 that a bill has been reported adversely without the author or
19261891 sponsor having had an opportunity to be heard as provided in this
19271892 section, the house may, by a majority vote, order the bill
19281893 recommitted even though no minority report was filed in the manner
19291894 prescribed by the rules. This provision shall have precedence over
19301895 Rule 7, Section 20.
19311896 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
19321897 reported adversely, it shall be subject to the same rules that
19331898 govern other bills reported adversely.
19341899 Sec. 32. FORM OF REPORTS. (a) Reports of standing
19351900 committees on bills and resolutions shall be made in duplicate,
19361901 with one copy to be filed with the journal clerk for printing in the
19371902 journal and the other to accompany the original bill.
19381903 (b) All committee reports must be in writing and shall:
19391904 (1) be signed by the chair, or the member acting as
19401905 chair, or a majority of the membership of the committee;
19411906 (2) be addressed to the speaker;
19421907 (3) contain a statement of the recommendations of the
19431908 committee with reference to the matter which is the subject of the
19441909 report;
19451910 (4) contain the date the committee made its
19461911 recommendation;
19471912 (5) indicate whether a copy of a bill or resolution was
19481913 forwarded to the Legislative Budget Board for preparation of a
19491914 fiscal note or other impact statement, if applicable;
19501915 (6) contain the record vote by which the report was
19511916 adopted, including the vote of each member of the committee;
19521917 (7) contain the recommendation that the bill or
19531918 resolution be sent to the Committee on Local and Consent Calendars
19541919 for placement on the local, consent, and resolutions calendar if
19551920 applicable;
19561921 (8) state the name of the primary house sponsor of all
19571922 senate bills and resolutions and indicate the names of all joint
19581923 sponsors or cosponsors;
19591924 (9) include a summary of the committee hearing on the
19601925 bill or resolution;
19611926 (10) include a list of the names of the persons, other
19621927 than members of the legislature, and persons or entities
19631928 represented by those persons, who submitted to the committee sworn
19641929 statements indicating that the persons were present in favor of, in
19651930 opposition to, or without taking a position on the bill or
19661931 resolution. The omission from the list of the name of a person who
19671932 submitted a sworn statement regarding a bill or resolution but who
19681933 was not recognized by the chair to address the committee is not a
19691934 sustainable question of order;
19701935 (11) for a joint resolution proposing a constitutional
19711936 amendment, include the bill number of any enabling legislation for
19721937 the constitutional amendment designated as such by the author or
1973- sponsor of the joint resolution; [and]
1938+ sponsor of the joint resolution; and
19741939 (12) for a bill that is designated by the author or
19751940 sponsor of the bill as enabling legislation for a constitutional
19761941 amendment proposed by a joint resolution, include the number of the
1977- joint resolution; and
1978- (13) contain a copy of each form executed by an
1979- interpreter for a witness as required by Section 20(h) of this rule.
1942+ joint resolution.
19801943 (c) Except for the general appropriations bill, each
19811944 committee report on a bill or joint resolution, including a
19821945 complete committee substitute, and, to the extent considered
19831946 necessary by the committee, a committee report on any other
19841947 resolution, must include in summary or section-by-section form a
19851948 detailed analysis of the subject matter of the bill or resolution,
19861949 specifically including:
19871950 (1) background information on the proposal and
19881951 information on what the bill or resolution proposes to do;
19891952 (2) an analysis of the content of the bill or
19901953 resolution, including a separate statement that lists each statute
19911954 or constitutional provision that is expressly repealed by the bill
19921955 or resolution;
19931956 (3) a statement indicating whether or not any
19941957 rulemaking authority is expressly delegated to a state officer,
19951958 department, agency, or institution, and, if so, identifying the
19961959 sections of the measure in which that rulemaking authority is
19971960 delegated;
19981961 (4) a statement indicating whether or not the bill or
1999- resolution expressly creates a criminal offense, expressly
2000- increases the punishment for an existing criminal offense or
2001- category of offenses, or expressly changes the eligibility of a
2002- person for community supervision, parole, or mandatory
2003- supervision;
1962+ resolution creates a criminal offense, increases the punishment for
1963+ an existing criminal offense or category of offenses, or changes
1964+ the eligibility of a person for community supervision, parole, or
1965+ mandatory supervision, and, if so, indicating the general effect of
1966+ the bill or resolution on the offense, punishment, or eligibility;
20041967 (5) a statement of substantial differences between a
20051968 complete committee substitute and the original bill; and
20061969 (6) [(5)] a brief explanation of each amendment
20071970 adopted by the committee.
20081971 (d) The author of a bill or resolution for which an analysis
20091972 is required by Subsection (c) of this section and the committee to
20101973 which the bill or resolution is referred may request the Texas
20111974 Legislative Council to prepare the analysis required by Subsection
2012- (c) of this section. The Texas Legislative Council shall provide to
2013- the author of a house measure or sponsor of a senate measure a copy
2014- of an analysis requested under this subsection at the time the
2015- analysis is provided to the staff of the committee.
2016- (e) Except for an analysis prepared by the Texas Legislative
2017- Council, a [A] committee chair shall provide to the author of a
2018- house measure or sponsor of a senate measure a copy of the analysis
1975+ (c) of this section.
1976+ (e) A committee chair shall provide to the author of a house
1977+ measure or sponsor of a senate measure a copy of the analysis
20191978 required by Subsection (c) of this section as soon as the analysis
20201979 is complete.
2021- (f) The author of a bill or resolution may request that an
2022- analysis prepared for purposes of this section include a statement
2023- written by the author that includes any additional information that
2024- the author considers appropriate.
2025- (g) It shall be the duty of the committee chair, on all
1980+ (f) It shall be the duty of the committee chair, on all
20261981 matters reported by the committee, to see that all provisions of
20271982 Rule 12 are satisfied. The chair shall strictly construe this
20281983 provision to achieve the desired purposes.
20291984 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
20301985 committee determines that a bill or joint resolution, other than
20311986 the general appropriations bill, authorizes or requires the
20321987 expenditure or diversion of state funds for any purpose, the chair
20331988 shall send a copy of the measure to the Legislative Budget Board for
20341989 the preparation of a fiscal note outlining the fiscal implications
20351990 and probable cost of the measure.
20361991 (b) If the chair of a standing committee determines that a
20371992 bill or joint resolution has statewide impact on units of local
20381993 government of the same type or class and authorizes or requires the
20391994 expenditure or diversion of local funds, or creates or impacts a
20401995 local tax, fee, license charge, or penalty, the chair shall send a
20411996 copy of the measure to the Legislative Budget Board for the
20421997 preparation of a fiscal note outlining the fiscal implications and
20431998 probable cost of the measure.
20441999 (c) In preparing a fiscal note, the director of the
20452000 Legislative Budget Board may utilize information or data supplied
20462001 by any person, agency, organization, or governmental unit that the
20472002 director deems reliable. If the director determines that the fiscal
20482003 implications of the measure cannot be ascertained, the director
20492004 shall so state in the fiscal note, shall when reasonably
20502005 ascertainable provide an estimated range of the fiscal
20512006 implications, and shall include in the note a statement of the
20522007 reasons the director is unable to ascertain the fiscal implications
20532008 of the measure, in which case the fiscal note shall be in full
20542009 compliance with the rules. If the director of the Legislative
20552010 Budget Board is unable to acquire or develop sufficient information
20562011 to prepare the fiscal note within 15 days of receiving the measure
20572012 from the chair of a committee, the director shall so state in the
20582013 fiscal note, shall when reasonably ascertainable provide an
20592014 estimated range of the fiscal implications, and shall include in
20602015 the note a statement of the reasons the director is unable to
20612016 acquire or develop sufficient information, in which case the note
20622017 shall be in full compliance with the rules.
20632018 (d) If the chair determines that a fiscal note is required,
20642019 copies of the fiscal note must be distributed to the members of the
20652020 committee not later than the first time the measure is laid out in a
20662021 committee meeting. The fiscal note shall be attached to the measure
20672022 on first printing. If the measure is amended by the committee so as
20682023 to alter its fiscal implications, the chair shall obtain an updated
20692024 fiscal note, which shall also be attached to the measure on first
20702025 printing.
20712026 (e) All fiscal notes shall remain with the measure
20722027 throughout the entire legislative process, including submission to
20732028 the governor.
20742029 (f) All fiscal notes must include in the summary box on the
20752030 first page of the fiscal note a statement that indicates whether the
20762031 bill or joint resolution will have fiscal implications or probable
20772032 costs in any year.
20782033 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
20792034 this section that all members of the house are timely informed as to
20802035 the impact of proposed legislation on the state or other unit of
20812036 government.
20822037 (a-1) The chair of the appropriations committee shall send a
20832038 copy of the general appropriations bill to the Legislative Budget
20842039 Board for the preparation of a dynamic economic impact statement,
20852040 specifically including the number of state employees to be affected
2086- and the estimated impact on [private-sector] employment by the
2087- private sector and local governments in Texas as a result of any
2088- change in state expenditures made by the bill as compared to the
2089- biennium preceding the biennium to which the bill applies.
2041+ and the estimated impact on private-sector employment in Texas as a
2042+ result of any change in state expenditures made by the bill as
2043+ compared to the biennium preceding the biennium to which the bill
2044+ applies.
20902045 (b) If the chair of a standing committee determines that a
20912046 bill or joint resolution:
20922047 (1) authorizes or requires a change in the sanctions
20932048 applicable to adults convicted of felony crimes, the chair shall
20942049 send a copy of the measure to the Legislative Budget Board for the
20952050 preparation of a criminal justice policy impact statement;
20962051 (2) authorizes or requires a change in the public
20972052 school finance system, the chair shall send a copy of the measure to
20982053 the Legislative Budget Board for the preparation of an equalized
20992054 education funding impact statement;
21002055 (3) proposes to change benefits or participation in
21012056 benefits of a public retirement system or change the financial
21022057 obligations of a public retirement system, the chair shall send a
21032058 copy of the measure to the Legislative Budget Board for the
21042059 preparation of an actuarial impact statement in cooperation with
21052060 the State Pension Review Board;
21062061 (4) proposes to create a water district under the
21072062 authority of Article XVI, Section 59, of the Texas Constitution,
21082063 the chair shall send a copy of the measure to the Legislative Budget
21092064 Board for the preparation of a water development policy impact
21102065 statement; or
21112066 (5) creates or impacts a state tax or fee, the chair
21122067 shall send a copy of the measure to the Legislative Budget Board for
21132068 the preparation of a tax equity note that estimates the general
21142069 effects of the proposal on the distribution of tax and fee burdens
21152070 among individuals and businesses.
21162071 (c) In preparing an impact statement, the director of the
21172072 Legislative Budget Board may utilize information or data supplied
21182073 by any person, agency, organization, or governmental unit that the
21192074 director deems reliable. If the director determines that the
21202075 particular implications of the measure cannot be ascertained, the
21212076 director shall so state in the impact statement, in which case the
21222077 impact statement shall be in full compliance with the rules.
21232078 (d) An impact statement is not required to be present before
21242079 a measure is laid out in a committee meeting. If timely received,
21252080 the impact statement shall be attached to the measure on first
21262081 printing. If the measure is amended by the committee so as to alter
21272082 its particular implications, the chair shall obtain an updated
21282083 impact statement. If timely received, the updated impact statement
21292084 shall also be attached to the measure on first printing.
21302085 (e) An impact statement that is received after the first
21312086 printing of a measure has been distributed to the members shall be
21322087 forwarded by the chair of the committee to the committee
21332088 coordinator. The committee coordinator shall have the impact
21342089 statement printed and distributed to the members.
21352090 (f) All impact statements received shall remain with the
21362091 measure throughout the entire legislative process, including
21372092 submission to the governor.
21382093 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
21392094 RESOLUTIONS. Committee reports on house and concurrent
21402095 resolutions shall be made in the same manner and shall follow the
21412096 same procedure as provided for bills, subject to any differences
21422097 otherwise authorized or directed by the rules.
21432098 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
21442099 action by the house is necessary on the report of a standing
21452100 committee. The bill, resolution, or proposition recommended or
21462101 reported by the committee shall automatically be before the house
21472102 for its consideration after the bill or resolution has been
21482103 referred to the appropriate calendars committee for placement on a
21492104 calendar and for proposal of an appropriate rule for house
21502105 consideration.
21512106 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
21522107 committee reports on bills or resolutions shall be immediately
21532108 referred to the committee coordinator. The chair of the committee
21542109 shall be responsible for delivery of the report to the committee
21552110 coordinator.
21562111 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
21572112 COMMITTEES. After printing, the chief clerk shall be responsible
21582113 for delivery of a certified copy of the committee report to the
21592114 appropriate calendars committee, which committee shall immediately
21602115 accept the bill or resolution for placement on a calendar and for
21612116 the proposal of an appropriate rule for house consideration.
21622117 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
21632118 shall provide notice to each member at the member's designated
21642119 Capitol e-mail address when a committee report under Section 38 of
21652120 this rule on a bill extending an agency, commission, or advisory
21662121 committee under the Texas Sunset Act has been printed or posted and
21672122 is available to be distributed to the appropriate calendars
21682123 committee.
21692124 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
21702125 power to amend, delete, or change in any way the nature, purpose, or
21712126 content of any bill or resolution referred to it, but may draft and
21722127 recommend amendments to it, which shall become effective only if
21732128 adopted by a majority vote of the house.
21742129 Sec. 40. SUBSTITUTES. The committee may adopt and report a
21752130 complete germane committee substitute containing the title,
21762131 enacting clause, and text of the bill in lieu of an original bill,
21772132 in which event the complete substitute bill on committee report
21782133 shall be laid before the house and shall be the matter then before
21792134 the house for its consideration, instead of the original bill. If
21802135 the substitute bill is defeated at any legislative stage, the bill
21812136 is considered not passed.
21822137 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
21832138 raised that a complete committee substitute is not germane, in
21842139 whole or in part, and the point of order is sustained, the committee
21852140 substitute shall be returned to the Committee on Calendars, which
21862141 may have the original bill printed and distributed and placed on a
21872142 calendar in lieu of the substitute or may return the original bill
21882143 to the committee from which it was reported for further action.
21892144 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
21902145 REPORT. Should the author or sponsor of the bill, resolution, or
21912146 other proposal not be satisfied with the final recommendation or
21922147 form of the committee report, the member shall have the privilege of
21932148 offering on the floor of the house such amendments or changes as he
21942149 or she considers necessary and desirable, and those amendments or
21952150 changes shall be given priority during the periods of time when
21962151 original amendments are in order under the provisions of Rule 11,
21972152 Section 7.
21982153 CHAPTER D. SUBCOMMITTEES
21992154 Sec. 43. JURISDICTION. Each committee is authorized to
22002155 conduct its activities and perform its work through the use of
22012156 subcommittees as shall be determined by the chair of the committee.
22022157 Subcommittees shall be created, organized, and operated in such a
22032158 way that the subject matter and work area of each subcommittee shall
22042159 be homogeneous and shall pertain to related governmental
22052160 activities. The size and jurisdiction of each subcommittee shall
22062161 be determined by the chair of the committee.
22072162 Sec. 44. MEMBERSHIP. The chair of each standing committee
22082163 shall appoint from the membership of the committee the members who
22092164 are to serve on each subcommittee. Any vacancy on a subcommittee
22102165 shall be filled by appointment of the chair of the standing
22112166 committee. The chair and vice-chair of each subcommittee shall be
22122167 named by the chair of the committee.
22132168 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
22142169 Procedure of the House of Representatives, to the extent
22152170 applicable, shall govern the hearings and operations of each
22162171 subcommittee. Subject to the foregoing, and to the extent
22172172 necessary for orderly transaction of business, each subcommittee
22182173 may promulgate and adopt additional rules and procedures by which
22192174 it will function.
22202175 Sec. 46. QUORUM. A majority of a subcommittee shall
22212176 constitute a quorum, and no action or recommendation of a
22222177 subcommittee shall be valid unless taken at a meeting with a quorum
22232178 actually present. All reports of a subcommittee must be approved by
22242179 record vote by a majority of the membership of the subcommittee.
22252180 Minutes of the subcommittee shall be maintained in a manner similar
22262181 to that required by the rules for standing committees. Proxies
22272182 cannot be used in subcommittees.
22282183 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
22292184 the area of its jurisdiction, shall have all of the power,
22302185 authority, and rights granted by the Rules of Procedure of the House
22312186 of Representatives to the standing committee, except subpoena
22322187 power, to the extent necessary to discharge the duties and
22332188 responsibilities of the subcommittee.
22342189 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
22352190 SUBCOMMITTEE. All bills and resolutions referred to a standing
22362191 committee shall be reviewed by the chair to determine appropriate
22372192 disposition of the bills and resolutions. All bills and
22382193 resolutions shall be considered by the entire standing committee
22392194 unless the chair of that standing committee determines to refer the
22402195 bills and resolutions to subcommittee. If a bill or resolution is
22412196 referred by the chair of the standing committee to a subcommittee,
22422197 it shall be considered by the subcommittee in the same form in which
22432198 the measure was referred to the standing committee, and any action
22442199 taken by the standing committee on a proposed amendment or
22452200 committee substitute before a measure is referred to subcommittee
22462201 is therefore voided at the time the measure is referred to
22472202 subcommittee. The subcommittee shall be charged with the duty and
22482203 responsibility of conducting the hearing, doing research, and
22492204 performing such other functions as the subcommittee or its parent
22502205 standing committee may determine. All meetings of the subcommittee
22512206 shall be scheduled by the subcommittee chair, with appropriate
22522207 public notice and notification of each member of the subcommittee
22532208 under the same rules of procedure as govern the conduct of the
22542209 standing committee.
22552210 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
22562211 deliberations on a bill, resolution, or other matter referred to
22572212 it, the subcommittee may prepare a written report, comprehensive
22582213 in nature, for submission to the full committee. The report shall
22592214 include background material as well as recommended action and shall
22602215 be accompanied by a complete draft of the bill, resolution, or other
22612216 proposal in such form as the subcommittee shall determine.
22622217 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
22632218 reports shall be directed to the chair of the committee, who shall
22642219 schedule meetings of the standing committee from time to time as
22652220 necessary and appropriate for the reception of subcommittee reports
22662221 and for action on reports by the standing committee. No
22672222 subcommittee report shall be scheduled for action by the standing
22682223 committee until at least 24 hours after a copy of the subcommittee
22692224 report is provided to each member of the standing committee.
22702225 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
22712226 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
22722227 HOUSE. The house may resolve itself into a committee of the whole
22732228 house to consider any matter referred to it by the house. In
22742229 forming a committee of the whole house, the speaker shall vacate the
22752230 chair and shall appoint a chair to preside in committee.
22762231 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
22772232 the proceedings of the house and those governing committees shall
22782233 be observed in committees of the whole, to the extent that they are
22792234 applicable.
22802235 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
22812236 WHOLE. (a) It shall be in order to move a call of the committee of
22822237 the whole at any time to secure and maintain a quorum for the
22832238 following purposes:
22842239 (1) for the consideration of a certain or specific
22852240 matter; or
22862241 (2) for a definite period of time; or
22872242 (3) for the consideration of any designated class of
22882243 bills.
22892244 (b) When a call of the committee of the whole is moved and
22902245 seconded by 10 members, of whom the chair may be one, and is ordered
22912246 by majority vote, the main entrance of the hall and all other doors
22922247 leading out of the hall shall be locked, and no member shall be
22932248 permitted to leave the hall without written permission. Other
22942249 proceedings under a call of the committee shall be the same as under
22952250 a call of the house.
22962251 Sec. 54. HANDLING OF A BILL. A bill committed to a
22972252 committee of the whole house shall be handled in the same manner as
22982253 in any other committee. The body of the bill shall not be defaced or
22992254 interlined, but all amendments shall be duly endorsed by the chief
23002255 clerk as they are adopted by the committee, and so reported to the
23012256 house. When a bill is reported by the committee of the whole house
23022257 it shall be referred immediately to the appropriate calendars
23032258 committee for placement on the appropriate calendar and shall
23042259 follow the same procedure as any other bill on committee report.
23052260 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
23062261 event that the committee of the whole, at any sitting, fails to
23072262 complete its work on any bill or resolution under consideration for
23082263 lack of time, or desires to take any action on that measure that is
23092264 permitted under the rules for other committees, it may, on a motion
23102265 made and adopted by majority vote, rise, report progress, and ask
23112266 leave of the house to sit again generally, or at a time certain.
23122267 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
23132268 committees made during a session shall be filed with the chief clerk
23142269 and printed in the journal, unless otherwise determined by the
23152270 house.
23162271 CHAPTER F. INTERIM STUDY COMMITTEES
23172272 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
23182273 the speaker may create interim study committees to conduct studies
23192274 by issuing a proclamation for each committee, which shall specify
23202275 the issue to be studied, committee membership, and any additional
23212276 authority and duties. A copy of each proclamation creating an
23222277 interim study committee shall be filed with the chief clerk. An
23232278 interim study committee expires on release of its final report or
23242279 when the next legislature convenes, whichever is earlier. An
23252280 interim study committee may not be created by resolution.
23262281 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
23272282 appoint all members of an interim study committee, which may
23282283 include public citizens and officials of state and local
23292284 governments. The speaker shall also designate the chair and
23302285 vice-chair and may authorize the chair to create subcommittees and
23312286 appoint citizen advisory committees.
23322287 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
23332288 the proceedings of the house and those governing standing
23342289 committees shall be observed by an interim study committee, to the
23352290 extent that they are applicable. An interim study committee shall
23362291 have the power to issue process and to request assistance of state
23372292 agencies as provided for a standing committee in Sections 21, 22,
23382293 and 23 of this rule.
23392294 Sec. 60. FUNDING AND STAFF. An interim study committee
23402295 shall use existing staff resources of its members, standing
23412296 committees, house offices, and legislative service agencies. The
23422297 chair of an interim study committee shall prepare a detailed budget
23432298 for approval by the speaker and the Committee on House
23442299 Administration. An interim study committee may accept gifts,
23452300 grants, and donations for the purpose of funding its activities as
23462301 provided by Sections 301.032(b) and (c), Government Code.
23472302 Sec. 61. STUDY REPORTS. (a) The final report or
23482303 recommendations of an interim study committee shall be approved by
23492304 a majority of the committee membership. Dissenting members may
23502305 attach statements to the final report.
23512306 (b) An interim study committee shall submit the committee's
23522307 final report to the committee coordinator in the manner prescribed
23532308 by the committee coordinator. The committee coordinator shall:
23542309 (1) distribute copies of the final report to the
23552310 speaker, the Legislative Reference Library, and other appropriate
23562311 agencies; and
23572312 (2) make a copy of the final report available on the
23582313 house's Internet website.
23592314 (c) This section shall also apply to interim study reports
23602315 of standing committees.
23612316 Sec. 62. JOINT HOUSE AND SENATE INTERIM
23622317 STUDIES. Procedures may be established by a concurrent resolution
23632318 adopted by both houses, by which the speaker may authorize and
23642319 appoint, jointly with the senate, committees to conduct interim
23652320 studies. A copy of the authorization for and the appointments to a
23662321 joint interim study committee shall be filed with the chief clerk.
23672322 Individual joint interim study committees may not be authorized or
23682323 created by resolution.
23692324 RULE 5. FLOOR PROCEDURE
23702325 CHAPTER A. QUORUM AND ATTENDANCE
23712326 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
23722327 quorum to do business.
23732328 Sec. 2. ROLL CALLS. On every roll call or registration,
23742329 the names of the members shall be called or listed, as the case may
23752330 be, alphabetically by surname, except when two or more have the same
23762331 surname, in which case the initials of the members shall be added.
23772332 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
23782333 from the sessions of the house without leave, and no member shall be
23792334 excused on his or her own motion.
23802335 (b) A leave of absence may be granted by a majority vote of
23812336 the house and may be revoked at any time by a similar vote.
23822337 (c) Any member granted a leave of absence due to a meeting of
23832338 a committee or conference committee that has authority to meet
23842339 while the house is in session shall be so designated on each roll
23852340 call or registration for which that member is excused.
23862341 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
23872342 present and fails or refuses to record on a roll call after being
23882343 requested to do so by the speaker shall be recorded as present by
23892344 the speaker and shall be counted for the purpose of making a quorum.
23902345 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
23912346 order of "No Quorum" shall not be accepted by the chair if the last
23922347 roll call showed the presence of a quorum, provided the last roll
23932348 call was taken within two hours of the time the point of order is
23942349 raised.
23952350 (b) If the last roll call was taken more than two hours
23962351 before the point of order is raised, it shall be in order for the
23972352 member who raised the point of order to request a roll call. Such a
23982353 request must be seconded by 25 members. If the request for a roll
23992354 call is properly seconded, the chair shall order a roll call.
24002355 (c) Once a point of order has been made that a quorum is not
24012356 present, it may not be withdrawn after the absence of a quorum has
24022357 been ascertained and announced.
24032358 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
24042359 registration or record vote reveals that a quorum is not present,
24052360 only a motion to adjourn or a motion for a call of the house and the
24062361 motions incidental thereto shall be in order.
24072362 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
24082363 to move a call of the house at any time to secure and maintain a
24092364 quorum for one of the following purposes:
24102365 (1) for the consideration of a specific bill,
24112366 resolution, motion, or other measure;
24122367 (2) for the consideration of any designated class of
24132368 bills; or
24142369 (3) for a definite period of time.
24152370 Motions for, and incidental to, a call of the house are not
24162371 debatable.
24172372 Sec. 8. SECURING A QUORUM. When a call of the house is moved
24182373 for one of the above purposes and seconded by 15 members (of whom
24192374 the speaker may be one) and ordered by a majority vote, the main
24202375 entrance to the hall and all other doors leading out of the hall
24212376 shall be locked and no member permitted to leave the house without
24222377 the written permission of the speaker. The names of members present
24232378 shall be recorded. All absentees for whom no sufficient excuse is
24242379 made may, by order of a majority of those present, be sent for and
24252380 arrested, wherever they may be found, by the sergeant-at-arms or an
24262381 officer appointed by the sergeant-at-arms for that purpose, and
24272382 their attendance shall be secured and retained. The house shall
24282383 determine on what conditions they shall be discharged. Members who
24292384 voluntarily appear shall, unless the house otherwise directs, be
24302385 immediately admitted to the hall of the house and shall report their
24312386 names to the clerk to be entered in the journal as present.
24322387 Until a quorum appears, should the roll call fail to show one
24332388 present, no business shall be transacted, except to compel the
24342389 attendance of absent members or to adjourn. It shall not be in
24352390 order to recess under a call of the house.
24362391 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
24372392 shown to be present, the house may proceed with the matters on which
24382393 the call was ordered, or may enforce the call and await the
24392394 attendance of as many of the absentees as it desires. When the
24402395 house proceeds to the business on which the call was ordered, it
24412396 may, by a majority vote, direct the sergeant-at-arms to cease
24422397 bringing in absent members.
24432398 Sec. 10. REPEATING A RECORD VOTE. When a record vote
24442399 reveals the lack of a quorum, and a call is ordered to secure one, a
24452400 record vote shall again be taken when the house resumes business
24462401 with a quorum present.
24472402 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
24482403 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
24492404 persons shall be entitled to the privileges of the floor of the
24502405 house when the house is in session: members of the house; employees
24512406 of the house when performing their official duties as determined by
24522407 the Committee on House Administration; members of the senate;
24532408 employees of the senate when performing their official duties; the
24542409 Governor of Texas and the governor's executive and administrative
24552410 assistant; the lieutenant governor; the secretary of state; duly
24562411 accredited media representatives as permitted by Section 20
24572412 [reporters, photographers, correspondents, and commentators of
24582413 press, radio, and television who have complied with Sections 20(a),
24592414 (b), (c), and (d)] of this rule; contestants in election cases
24602415 pending before the house; and immediate families of the members of
24612416 the legislature on such special occasions as may be determined by
24622417 the Committee on House Administration.
24632418 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
24642419 persons shall be admitted to the area on the floor of the house
24652420 enclosed by the railing when the house is in session: members of the
24662421 house; members of the senate; the governor; the lieutenant
24672422 governor; officers and employees of the senate and house when those
24682423 officers and employees are actually engaged in performing their
24692424 official duties as determined by the Committee on House
24702425 Administration; spouses of members of the house on such occasions
24712426 as may be determined by the Committee on House Administration; and,
24722427 within the area specifically designated for media representatives,
24732428 duly accredited media representatives as permitted by Section 20
24742429 [reporters, photographers, correspondents, and commentators of
24752430 press, radio, and television who have complied with Sections 20(a),
24762431 (b), (c), and (d)] of this rule.
24772432 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
24782433 and collectors shall not be admitted to the floor of the house while
24792434 the house is in session.
24802435 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
24812436 invite a person to address the house while it is in session shall be
24822437 in order only if the person invited is entitled to the privileges of
24832438 the floor as defined by Section 11 of this rule and if no business is
24842439 pending before the house.
24852440 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
24862441 a member of the legislature, who is lobbying or working for or
24872442 against any pending or prospective legislative measure shall be
24882443 permitted on the floor of the house or in the adjacent rooms while
24892444 the house is in session.
24902445 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
24912446 admitted to the floor of the house under the rules, except the
24922447 governor or a member of the legislature, lobbies or works for or
24932448 against any pending or prospective legislation or violates any of
24942449 the other rules of the house, the privileges extended to that person
24952450 under the rules shall be suspended by a majority vote of the
24962451 Committee on House Administration. The action of the committee
24972452 shall be reviewable by the house only if two members of the
24982453 committee request an appeal from the decision of the committee. The
24992454 request shall be in the form of a minority report and shall be
25002455 subject to the same rules that are applicable to minority reports on
25012456 bills. Suspension shall remain in force until the accused person
25022457 purges himself or herself and comes within the rules, or until the
25032458 house, by majority vote, reverses the action of the committee.
25042459 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
25052460 persons shall be admitted to the members lounge at any
25062461 time: members of the house; members of the senate; and former
25072462 members of the house and senate who are not engaged in any form of
25082463 employment requiring them to lobby or work for or against any
25092464 pending or prospective legislative measures.
25102465 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
25112466 shall be the duty of the Committee on House Administration to
25122467 determine what duties are to be discharged by officers and
25132468 employees of the house on the floor of the house, specifically in
25142469 the area enclosed by the railing, when the house is in session. It
25152470 shall be the duty of the speaker to see that the officers and
25162471 employees do not violate the regulations promulgated by the
25172472 Committee on House Administration.
25182473 Sec. 19. PROPER DECORUM. No person shall be admitted to,
25192474 or allowed to remain in, the house chamber while the house is in
25202475 session unless properly attired, and all gentlemen shall wear a
25212476 coat and tie. Food or beverage shall not be permitted in the house
25222477 chamber at any time, and no person carrying food or beverage shall
25232478 be admitted to the chamber, whether the house is in session or in
25242479 recess. Reading newspapers shall not be permitted in the house
25252480 chamber while the house is in session. Smoking is not permitted in
25262481 the member's lounge or bathrooms. The Committee on House
25272482 Administration shall designate an area for smoking that is easily
25282483 accessible to the house chamber.
25292484 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
25302485 is in session, no media representative shall be admitted to the
25312486 floor of the house or allowed its privileges unless the person is:
25322487 (1) employed by a print, broadcast, or Internet news
2533- organization, or by a wire service serving those organizations:
2488+ organization:
25342489 (A) whose principal business is the periodic
25352490 dissemination of original news and opinion of interest to a broad
25362491 segment of the public;
25372492 (B) which has published or operated continuously
25382493 for 18 months; and
25392494 (C) whose publications or operations are
25402495 editorially independent of any institution, foundation, or
25412496 interest group that lobbies the government or that is not
25422497 principally a general news organization; and
25432498 (2) not engaged in any lobbying or paid advocacy,
25442499 advertising, publicity, or promotion work for any individual,
25452500 political party, corporation, organization, or government agency
25462501 [a salaried staff correspondent, reporter, or photographer
25472502 regularly employed by a newspaper, a press association or news
25482503 service serving newspapers, a publication requiring telegraphic
25492504 coverage, or a duly licensed radio or television station or
25502505 network].
25512506 (b) Any media representative seeking admission to the floor
25522507 of the house under the provisions of [Subsection (a) of] this
25532508 section must submit [present] to the Committee on House
25542509 Administration:
25552510 (1) a notarized application in a form determined by
25562511 the committee; and
25572512 (2) a letter [fully accredited credentials] from the
25582513 media representative's [his or her] employer certifying that:
25592514 (A) the media representative is engaged
25602515 primarily in reporting the sessions of the legislature; and
25612516 (B) no part of the media representative's salary
25622517 for legislative coverage is paid from a source other than the news
25632518 organization that employs the media representative.
25642519 (c) Regularly accredited media representatives who have
25652520 duly qualified under the provisions of this section may, when
25662521 requested to do so, make recommendations through their professional
25672522 committees to the Committee on House Administration as to the
25682523 sufficiency or insufficiency of the credentials of any person
25692524 seeking admission to the floor of the house under this section.
25702525 (d) [Every media representative, before being admitted to
25712526 the floor of the house during its sessions, shall file with the
25722527 Committee on House Administration a written statement showing the
25732528 paper or papers, press association, news service, publication
25742529 requiring telegraphic coverage, or radio or television station or
25752530 network which he or she represents and certifying that no part of
25762531 his or her salary for legislative coverage is paid by any person,
25772532 firm, corporation, or association except the listed news media
25782533 which he or she represents.
25792534 [(c)] If the Committee on House Administration determines
25802535 that a person's media credentials meet the requirements of this
25812536 section, the committee shall issue a pass card to the person. The
25822537 committee may impose a fee to cover the costs of issuing a pass
25832538 card. This pass card must be presented to the doorkeeper each time
25842539 the person seeks admission to the floor of the house while the house
25852540 is in session. Pass cards issued under this section shall not be
25862541 transferable. The failure of a media representative to maintain the
25872542 requirements of this section may result in the revocation of the
25882543 pass card. Persons admitted to the floor of the house pursuant to
25892544 the provisions of this section shall work in appropriate convenient
25902545 seats or work stations in the house, which shall be designated for
25912546 that purpose by the Committee on House Administration.
25922547 (e) [(d)] Members of the house shall not engage in
25932548 interviews and press conferences on the house floor while the house
25942549 is in session. The Committee on House Administration is authorized
25952550 to enforce this provision and to prescribe such other regulations
25962551 as may be necessary and desirable to achieve these purposes.
25972552 [Persons governed by this subsection shall be subject to the
25982553 provisions of Section 15 of this rule.]
25992554 (f) [(e)] Permission to make live or recorded television,
26002555 [or] radio, or Internet broadcasts in or from the house chamber
26012556 while the house is in session may be granted only by the Committee
26022557 on House Administration. The committee shall promulgate
26032558 regulations governing television, [or] radio, or Internet
26042559 broadcasts, and such regulations shall be printed as an addendum to
26052560 the rules of the house. When [television or radio] broadcasts from
26062561 the floor of the house are recommended by the Committee on House
26072562 Administration, the recommendation shall identify those persons in
26082563 the technical crews to whom pass cards to the floor of the house and
26092564 galleries are to be issued. Passes granted under this authority
26102565 shall be subject to revocation on the recommendation of the
26112566 Committee on House Administration. Each committee of the house
26122567 shall have authority to determine whether or not to permit
26132568 television, [or] radio, or Internet broadcasts of any of its
26142569 proceedings.
26152570 (g) A member of the house who believes a media
26162571 representative granted privileges under this section does not meet
26172572 the requirements of this section or has abused the privileges may
26182573 submit a written complaint to the Committee on House
26192574 Administration. The committee shall investigate the complaint and
26202575 may temporarily suspend the media representative's privileges
26212576 pending the investigation. The committee shall notify the subject
26222577 of the complaint of the time and place of a hearing on the
26232578 complaint. Following the hearing, the media representative's
26242579 privileges granted under this section are revoked if the committee
26252580 determines that the allegations contained in the complaint are
26262581 valid.
26272582 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
26282583 HOUSE CHAMBER. When the house is not in session, the floor of the
26292584 house shall remain open on days and hours determined by the
26302585 Committee on House Administration. By resolution, the house may
26312586 open the floor of the house during its sessions for the inauguration
26322587 of the governor and lieutenant governor and for such other public
26332588 ceremonies as may be deemed warranted.
26342589 CHAPTER C. SPEAKING AND DEBATE
26352590 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
26362591 speak or deliver any matter to the house, the member shall rise and
26372592 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
26382593 on being recognized, may address the house from the microphone at
26392594 the reading clerk's desk, and shall confine all remarks to the
26402595 question under debate, avoiding personalities.
26412596 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
26422597 members rise at once, the speaker shall name the one who is to speak
26432598 first. This decision shall be final and not open to debate or
26442599 appeal.
26452600 Sec. 24. RECOGNITION. (a) Except as otherwise provided
26462601 by this section, there shall be no appeal from the speaker's
26472602 recognition, but the speaker shall be governed by rules and usage in
26482603 priority of entertaining motions from the floor. When a member
26492604 seeks recognition, the speaker may ask, "For what purpose does the
26502605 member rise?" or "For what purpose does the member seek
26512606 recognition?" and may then decide if recognition is to be granted,
26522607 except that the speaker shall recognize a member who seeks
26532608 recognition on a question of privilege.
26542609 (b) If the speaker denies recognition of a member who seeks
26552610 recognition on a question of privilege, other than a question of
26562611 privilege relating to the right of the house to remove the speaker
26572612 and elect a new speaker, the decision of recognition may be appealed
26582613 using the procedures provided in Rule 1, Section 9.
26592614 (c) If the speaker denies recognition of a member who seeks
26602615 recognition on a question of privilege relating to the right of the
26612616 house to remove the speaker and elect a new speaker, the member may
26622617 appeal the speaker's denial of recognition if the member submits to
26632618 the speaker a written request, signed by at least 76 members of the
26642619 house, to appeal the decision of recognition. Upon receiving a
26652620 request for appeal in accordance with this subsection, the speaker
26662621 shall announce the request to the house. The names of the members
26672622 who signed the request and the time that the announcement was made
26682623 shall be entered in the journal. The appeal of a decision of
26692624 recognition under this subsection is eligible for consideration 24
26702625 hours after the request for appeal has been announced in accordance
26712626 with this subsection. The appeal and consideration of the question
26722627 of privilege, if the appeal is successful, takes precedence over
26732628 all other questions except motions to adjourn.
26742629 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
26752630 member who has the floor shall not be interrupted by another member
26762631 for any purpose, unless he or she consents to yield to the other
26772632 member. A member desiring to interrupt another in debate should
26782633 first address the speaker for the permission of the member
26792634 speaking. The speaker shall then ask the member who has the floor
26802635 if he or she wishes to yield, and then announce the decision of that
26812636 member. The member who has the floor may exercise personal
26822637 discretion as to whether or not to yield, and it is entirely within
26832638 the member's discretion to determine who shall interrupt and when.
26842639 Sec. 26. YIELDING THE FLOOR. A member who obtains the
26852640 floor on recognition of the speaker may not be taken off the floor
26862641 by a motion, even the highly privileged motion to adjourn, but if
26872642 the member yields to another to make a motion or to offer an
26882643 amendment, he or she thereby loses the floor.
26892644 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
26902645 proposition, or the member reporting any measure from a committee,
26912646 or, in the absence of either of them, any other member designated by
26922647 such absentee, shall have the right to open and close the debate,
26932648 and for this purpose may speak each time not more than 20 minutes.
26942649 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
26952650 limited to 10 minutes in duration, except as provided in Section 27
26962651 of this rule, and the speaker shall call the members to order at the
26972652 expiration of their time. If the house by a majority vote extends
26982653 the time of any member, the extension shall be for 10 minutes only.
26992654 A second extension of time shall be granted only by unanimous
27002655 consent. During the last 10 calendar days of the regular session,
27012656 and the last 5 calendar days of a special session, Sundays excepted,
27022657 all speeches shall be limited to 10 minutes and shall not be
27032658 extended. The time limits established by this rule shall include
27042659 time consumed in yielding to questions from the floor.
27052660 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
27062661 speak more than twice on the same question without leave of the
27072662 house, nor more than once until every member choosing to speak has
27082663 spoken, nor shall any member be permitted to consume the time of
27092664 another member without leave of the house being given by a majority
27102665 vote.
27112666 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
27122667 pending question is not disposed of because of an adjournment of the
27132668 house, a member who has spoken twice on the subject shall not be
27142669 allowed to speak again without leave of the house.
27152670 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
27162671 a paper is called for, and objection is made, the matter shall be
27172672 determined by a majority vote of the house, without debate.
27182673 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
27192674 person shall pass between the front and back microphones during
27202675 debate or when a member has the floor and is addressing the house.
27212676 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
27222677 member, in speaking or otherwise, transgresses the rules of the
27232678 house, the speaker shall, or any member may, call the member to
27242679 order, in which case the member so called to order shall immediately
27252680 be seated; however, that member may move for an appeal to the house,
27262681 and if appeal is duly seconded by 10 members, the matter shall be
27272682 submitted to the house for decision by majority vote. In such
27282683 cases, the speaker shall not be required to relinquish the chair, as
27292684 is required in cases of appeals from the speaker's decisions. The
27302685 house shall, if appealed to, decide the matter without debate. If
27312686 the decision is in favor of the member called to order, the member
27322687 shall be at liberty to proceed; but if the decision is against the
27332688 member, he or she shall not be allowed to proceed, and, if the case
27342689 requires it, shall be liable to the censure of the house, or such
27352690 other punishment as the house may consider proper.
27362691 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
27372692 All proceedings of the house of representatives shall be
27382693 electronically recorded under the direction of the Committee on
27392694 House Administration. Copies of the proceedings may be released
27402695 under guidelines promulgated by the Committee on House
27412696 Administration.
27422697 (b) Archived video broadcasts of proceedings in the house
27432698 chamber that are available through the house's Internet or intranet
27442699 website may, under the direction of the Committee on House
27452700 Administration, include a link to the point in time in the video
27462701 where each measure under consideration by the house is laid out.
27472702 Such a link shall be provided as soon as the committee determines is
27482703 practical.
27492704 CHAPTER D. QUESTIONS OF PRIVILEGE
27502705 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
27512706 privilege shall be:
27522707 (1) those affecting the rights of the house
27532708 collectively, its safety and dignity, and the integrity of its
27542709 proceedings, including the right of the house to remove the speaker
27552710 and elect a new speaker; and
27562711 (2) those affecting the rights, reputation, and
27572712 conduct of members individually in their representative capacity
27582713 only.
27592714 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
27602715 of privilege shall have precedence over all other questions except
27612716 motions to adjourn. When in order, a member may address the house
27622717 on a question of privilege, or may at any time print it in the
27632718 journal, provided it contains no reflection on any member of the
27642719 house.
27652720 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
27662721 shall not be in order for a member to address the house on a question
27672722 of privilege:
27682723 (1) between the time an undebatable motion is offered
27692724 and the vote is taken on the motion;
27702725 (2) between the time the previous question is ordered
27712726 and the vote is taken on the last proposition included under the
27722727 previous question; or
27732728 (3) between the time a motion to table is offered and
27742729 the vote is taken on the motion.
27752730 (b) If a question of privilege relating to removal of the
27762731 speaker and election of a new speaker fails, a subsequent attempt to
27772732 remove the same speaker can be made only by reconsidering the vote
27782733 by which the original question of privilege failed. Such
27792734 reconsideration shall be subject to the rules of the house
27802735 governing reconsideration.
27812736 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
27822737 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
27832738 members must confine their remarks within the limits of Section 35
27842739 of this rule, which will be strictly construed to achieve the
27852740 purposes hereof.
27862741 (b) When a member is speaking on privilege, the member shall
27872742 not be interrupted by another member for any purpose. While the
27882743 member is speaking, another member may submit a question of order to
27892744 the speaker in writing or by approaching the podium in person. The
27902745 member submitting the question of order shall not interrupt the
27912746 member who is speaking. The speaker may interrupt the member who is
27922747 speaking if the speaker determines it is appropriate to address the
27932748 question of order at that time.
27942749 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
27952750 of a main or subsidiary motion shall not be discussed or debated
27962751 under the guise of speaking to a question of privilege.
27972752 CHAPTER E. VOTING
27982753 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
27992754 votes, except viva voce votes, members shall record their votes on
28002755 the voting machine and shall not be recognized by the chair to cast
28012756 their votes from the floor. If a member attempts to vote from the
28022757 floor, the speaker shall sustain a point of order directed against
28032758 the member's so doing. This rule shall not be applicable to the
28042759 mover or the principal opponent of the proposition being voted on
28052760 nor to a member whose voting machine is out of order. If a member
28062761 demands strict enforcement of this section, Section 47 shall not
28072762 apply to the taking of a vote, and the house may discipline a member
28082763 in violation of this rule pursuant to its inherent authority.
28092764 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
28102765 registration or vote taken on the voting machine of the house shall
28112766 in all instances be considered the equivalent of a roll call or yea
28122767 and nay vote, which might be had for the same purpose.
28132768 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
28142769 member who has a personal or private interest in any measure or bill
28152770 proposed or pending before the house shall disclose the fact and not
28162771 vote thereon.
28172772 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
28182773 house, a quorum being present, the question shall be divided, if it
28192774 includes propositions so distinct in substance that, one being
28202775 taken away, a substantive proposition remains. A motion for a
28212776 division vote cannot be made after the previous question has been
28222777 ordered, after a motion to table has been offered, after the
28232778 question has been put, nor after the yeas and nays have been
28242779 ordered. Under this subsection, the speaker may divide the
28252780 question into groups of propositions that are closely related.
28262781 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
28272782 present and fails or refuses to vote after being requested to do so
28282783 by the speaker shall be recorded as present but not voting, and
28292784 shall be counted for the purpose of making a quorum.
28302785 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
28312786 member must be on the floor of the house or in an adjacent room or
28322787 hallway on the same level as the house floor, in order to vote.
28332788 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
28342789 each calendar day in which the house is in session, it shall be the
28352790 duty of the journal clerk to lock the voting machine of each member
28362791 who is excused or who is otherwise known to be absent. Each such
28372792 machine shall remain locked until the member in person contacts the
28382793 journal clerk and personally requests the unlocking of the machine.
28392794 Unless otherwise directed by the speaker, the journal clerk shall
28402795 not unlock any machine except at the personal request of the member
28412796 to whom the machine is assigned. Any violation, or any attempt by a
28422797 member or employee to circumvent the letter or spirit of this
28432798 section, shall be reported immediately to the speaker for such
28442799 disciplinary action by the speaker, or by the house, as may be
28452800 warranted under the circumstances.
28462801 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
28472802 guilty by the house of knowingly voting for another member on the
28482803 voting machine without that other member's permission shall be
28492804 subject to discipline deemed appropriate by the house.
28502805 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
28512806 begun, it may not be interrupted for any reason. While a yea and nay
28522807 vote is being taken, or the vote is being counted, no member shall
28532808 visit the reading clerk's desk or the voting clerk's desk.
28542809 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
28552810 allowed to interrupt the vote or to make any explanation of a vote
28562811 that the member is about to give after the voting machine has been
28572812 opened, but may record in the journal the reasons for giving such a
28582813 vote.
28592814 (b) A "Reason for Vote" must be in writing and filed with the
28602815 journal clerk. If timely received, the "Reason for Vote" shall be
28612816 printed immediately following the results of the vote in the
28622817 journal. Otherwise, "Reasons for Vote" shall be printed in a
28632818 separate section at the end of the journal for the day on which the
28642819 reasons were recorded with the journal clerk. Such "Reason for
28652820 Vote" shall not deal in personalities or contain any personal
28662821 reflection on any member of the legislature, the speaker, the
28672822 lieutenant governor, or the governor, and shall not in any other
28682823 manner transgress the rules of the house relating to decorum and
28692824 debate.
28702825 (c) A member absent when a vote was taken may file with the
28712826 journal clerk while the house is in session a statement of how the
28722827 member would have voted if present. If timely received, the
28732828 statement shall be printed immediately following the results of the
28742829 vote in the journal. Otherwise, statements shall be printed in a
28752830 separate section at the end of the journal for the day on which the
28762831 statements were recorded with the journal clerk.
28772832 Sec. 50. PAIRS. (a) All pairs must be announced before the
28782833 vote is declared by the speaker, and a written statement sent to the
28792834 journal clerk. The statement must be signed by the absent member to
28802835 the pair, or the member's signature must have been authorized in
28812836 writing or by telephone, and satisfactory evidence presented to the
28822837 speaker if deemed necessary. If authorized in writing, the writing
28832838 shall be delivered to the chief clerk by personal delivery or by
28842839 commercially acceptable means of delivery, including electronic
28852840 transmission by PDF or similar secure format that is capable of
28862841 transmitting an accurate image of the member's signature. If
28872842 authorized by telephone, the call must be to and confirmed by the
28882843 chief clerk in advance of the vote to which it applies. Pairs shall
28892844 be entered in the journal, and the member present shall be counted
28902845 to make a quorum.
28912846 (b) The speaker may not refuse to recognize a pair that
28922847 complies with the requirements of Subsection (a), if both members
28932848 consent to the pair.
28942849 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
28952850 desire of any member present, the yeas and nays of the members of
28962851 the house on any question shall be taken and entered in the journal.
28972852 No member or members shall be allowed to call for a yea and nay vote
28982853 after a vote has been declared by the speaker.
28992854 (b) A motion to expunge a yea and nay vote from the journal
29002855 shall not be in order.
29012856 (c) The yeas and nays of the members of the house on final
29022857 passage of any bill, and on any joint resolution proposing or
29032858 ratifying a constitutional amendment, shall be taken and entered in
29042859 the journal. For purposes of this subsection, a vote on final
29052860 passage means a vote on:
29062861 (1) third reading;
29072862 (2) second reading if the house suspends or otherwise
29082863 dispenses with the requirement for three readings;
29092864 (3) whether to concur in the senate's amendments; or
29102865 (4) whether to adopt a conference committee report.
29112866 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
29122867 Committee on House Administration shall ensure that:
29132868 (1) the recorded yeas and nays are available to the
29142869 public on the Internet and on any televised broadcast of the house
29152870 proceedings produced by or under the direction of the house; and
29162871 (2) members of the public may view the yeas and nays in
29172872 real time to the extent possible on the Internet and on any
29182873 televised broadcast of the house proceedings produced by or under
29192874 the direction of the house.
29202875 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
29212876 any question where a record of the yeas and nays has not been
29222877 ordered, members may have their votes recorded in the journal as
29232878 "yea" or "nay" by filing such information with the journal clerk
29242879 before adjournment or recess to another calendar day.
29252880 Sec. 53. CHANGING A VOTE. Before the result of a vote has
29262881 been finally and conclusively pronounced by the chair, but not
29272882 thereafter, a member may change his or her vote; however, if a
29282883 member's vote is erroneous, the member shall be allowed to change
29292884 that vote at a later time provided:
29302885 (1) the result of the record vote is not changed
29312886 thereby;
29322887 (2) the request is made known to the house by the chair
29332888 and permission for the change is granted by unanimous consent; and
29342889 (3) a notation is made in the journal that the member's
29352890 vote was changed.
29362891 Sec. 54. TIE VOTE. All matters on which a vote may be taken
29372892 by the house shall require for adoption a favorable affirmative
29382893 vote as required by these rules, and in the case of a tie vote, the
29392894 matter shall be considered lost.
29402895 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
29412896 result of a yea and nay vote is close, the speaker may on the request
29422897 of any member order a verification vote, or the speaker may order a
29432898 verification on his or her own initiative. During verification, no
29442899 member shall change a vote unless it was erroneously recorded, nor
29452900 may any member not having voted cast a vote; however, when the clerk
29462901 errs in reporting the yeas and nays, and correction thereof leaves
29472902 decisive effect to the speaker's vote, the speaker may exercise the
29482903 right to vote, even though the result has been announced. A
29492904 verification shall be called for immediately after the vote is
29502905 announced. The speaker shall not entertain a request for
29512906 verification after the house has proceeded to the next question, or
29522907 after a recess or an adjournment. A vote to recess or adjourn, like
29532908 any other proposition, may be verified. Only one vote verification
29542909 can be pending at a time. A verification may be dispensed with by a
29552910 two-thirds vote.
29562911 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
29572912 allow the verification of a registration (as differentiated from a
29582913 record vote) if in the speaker's opinion there is serious doubt as
29592914 to the presence of a quorum.
29602915 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
29612916 VERIFICATION. A motion for a call of the house, and all incidental
29622917 motions relating to it, shall be in order pending the verification
29632918 of a vote. These motions must be made before the roll call on
29642919 verification begins, and it shall not be in order to break into the
29652920 roll call to make them.
29662921 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
29672922 VOTE. If, by an error of the voting clerk or reading clerk in
29682923 reporting the yeas and nays from a registration or verification,
29692924 the speaker announces a result different from that shown by the
29702925 registration or verification, the status of the question shall be
29712926 determined by the vote as actually recorded. If the vote is
29722927 erroneously announced in such a way as to change the true result,
29732928 all subsequent proceedings in connection therewith shall fail, and
29742929 the journal shall be amended accordingly.
29752930 RULE 6. ORDER OF BUSINESS AND CALENDARS
29762931 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
29772932 convenes on a new legislative day, the daily order of business shall
29782933 be as follows:
29792934 (1) Call to order by speaker.
29802935 (2) Registration of members.
29812936 (3) Prayer by chaplain, unless the invocation has been
29822937 given previously on the particular calendar day.
29832938 (4) Pledge of allegiance to the United States flag.
29842939 (5) Pledge of allegiance to the Texas flag.
29852940 (6) Excuses for absence of members and officers.
29862941 (7) First reading and reference to committee of bills
29872942 filed with the chief clerk; and motions to introduce bills, when
29882943 such motions are required.
29892944 (8) Requests to print bills and other papers; requests
29902945 of committees for further time to consider papers referred to them;
29912946 and all other routine motions and business not otherwise provided
29922947 for, all of which shall be undebatable except that the mover and one
29932948 opponent of the motion shall be allowed three minutes each.
29942949 The mover of a routine motion shall be allowed his or her
29952950 choice of making the opening or the closing speech under this rule.
29962951 If the house, under a suspension of the rules, extends the time of a
29972952 member under this rule, such extensions shall be for three minutes.
29982953 Subsidiary motions that are applicable to routine motions shall be
29992954 in order, but the makers of such subsidiary motions shall not be
30002955 entitled to speak thereon in the routine motion period, nor shall
30012956 the authors of the original routine motions be allowed any
30022957 additional time because of subsidiary motions.
30032958 (9) Unfinished business.
30042959 (10) Third reading calendars of the house in their
30052960 order of priority in accordance with Section 7 of this rule, unless
30062961 a different order is determined under other provisions of these
30072962 rules.
30082963 (11) Postponed matters to be laid before the house in
30092964 accordance with Rule 7, Section 15.
30102965 (12) Second reading calendars of the house in their
30112966 order of priority in accordance with Section 7 of this rule, unless
30122967 a different order is determined under other provisions of these
30132968 rules.
30142969 (b) When the house reconvenes for the first time on a new
30152970 calendar day following a recess, the daily order of business shall
30162971 be:
30172972 (1) Call to order by the speaker.
30182973 (2) Registration of members.
30192974 (3) Prayer by the chaplain.
30202975 (4) Pledge of allegiance to the United States flag.
30212976 (5) Pledge of allegiance to the Texas flag.
30222977 (6) Excuses for absence of members and officers.
30232978 (7) Pending business.
30242979 (8) Calendars of the house in their order of priority
30252980 in accordance with Section 7 of this rule, unless a different order
30262981 is determined under other provisions of these rules.
30272982 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
30282983 other measure may on any day be made a special order for the same day
30292984 or for a future day of the session by an affirmative vote of
30302985 two-thirds of the members present. A motion to set a special order
30312986 shall be subject to the three-minute pro and con debate rule. When
30322987 once established as a special order, a bill, resolution, or other
30332988 measure shall be considered from day to day until disposed of; and
30342989 until it has been disposed of, no further special orders shall be
30352990 made.
30362991 A three-fourths vote of the members present shall be required
30372992 to suspend the portion of this rule which specifies that only one
30382993 special order may be made and pending at a time.
30392994 (b) After the first eight items under the daily order of
30402995 business for a legislative day have been passed, a special order
30412996 shall have precedence when the hour for its consideration has
30422997 arrived, except as provided in Section 9 of this rule.
30432998 (c) After the 115th day of a regular session, if a joint
30442999 resolution has appeared on a daily house calendar and is adopted,
30453000 and a bill that is enabling legislation for the joint resolution is
30463001 either on or eligible to be placed on a calendar, the author or
30473002 sponsor of the bill or another member may immediately be recognized
30483003 for a motion to set the bill that is the enabling legislation as a
30493004 special order pursuant to this section. For purposes of this
30503005 subsection, the bill must have been designated as the enabling
30513006 legislation for the joint resolution in writing filed with the
30523007 chief clerk not later than the date the committee report for the
30533008 enabling legislation is printed and distributed.
30543009 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
30553010 may be postponed to a day certain by a two-thirds vote of those
30563011 present, and when so postponed, shall be considered as disposed of
30573012 so far as its place as a special order is concerned.
30583013 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
30593014 resolution laid on the table subject to call may be made a special
30603015 order.
30613016 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
30623017 motion is pending to set a particular bill or resolution as a
30633018 special order, it shall not be in order to move as a substitute to
30643019 set another bill or resolution as a special order. It shall be in
30653020 order, however, to substitute, by majority vote, a different time
30663021 for the special order consideration than that given in the original
30673022 motion.
30683023 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
30693024 If a member moves to set a bill or joint resolution as a special
30703025 order, or moves to suspend the rules to take up a bill or joint
30713026 resolution out of its regular order, and the motion prevails, the
30723027 member shall not have the right to make either of these motions
30733028 again until every other member has had an opportunity, via either of
30743029 these motions, to have some bill or joint resolution considered out
30753030 of its regular order during that session of the legislature. A
30763031 member shall not lose the suspension privilege if the motion to
30773032 suspend or set for special order does not prevail.
30783033 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
30793034 the house shall be controlled by a system of calendars, consisting
30803035 of the following:
30813036 (1) EMERGENCY CALENDAR, on which shall appear bills
30823037 considered to be of such pressing and imperative import as to demand
30833038 immediate action, bills to raise revenue and levy taxes, and the
30843039 general appropriations bill. A bill submitted as an emergency
30853040 matter by the governor may also be placed on this calendar.
30863041 (2) MAJOR STATE CALENDAR, on which shall appear bills
30873042 of statewide effect, not emergency in nature, which establish or
30883043 change state policy in a major field of governmental activity and
30893044 which will have a major impact in application throughout the state
30903045 without regard to class, area, or other limiting factors.
30913046 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
30923047 shall appear joint resolutions proposing amendments to the Texas
30933048 Constitution, joint resolutions proposing the ratification of
30943049 amendments to the Constitution of the United States, and joint
30953050 resolutions applying to Congress for a convention to amend the
30963051 Constitution of the United States.
30973052 (4) GENERAL STATE CALENDAR, on which shall appear
30983053 bills of statewide effect, not emergency in nature, which establish
30993054 or change state law and which have application to all areas but are
31003055 limited in legal effect by classification or other factors which
31013056 minimize the impact to something less than major state policy, and
31023057 bills, not emergency in nature, which are not on the local, consent,
31033058 and resolutions calendar.
31043059 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
31053060 shall appear bills, house resolutions, and concurrent resolutions,
31063061 not emergency in nature, regardless of extent and scope, on which
31073062 there is such general agreement as to render improbable any
31083063 opposition to the consideration and passage thereof, and which have
31093064 been recommended by the appropriate standing committee for
31103065 placement on the local, consent, and resolutions calendar by the
31113066 Committee on Local and Consent Calendars.
31123067 (6) RESOLUTIONS CALENDAR, on which shall appear house
31133068 resolutions and concurrent resolutions, not emergency in nature and
31143069 not privileged.
31153070 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
31163071 on which shall appear congratulatory and memorial resolutions whose
31173072 sole intent is to congratulate, memorialize, or otherwise express
31183073 concern or commendation. The Committee on Rules and Resolutions
31193074 may provide separate categories for congratulatory and memorial
31203075 resolutions.
31213076 (b) A calendars committee shall strictly construe and the
31223077 speaker shall strictly enforce this system of calendars.
31233078 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
31243079 resolutions pending in the house shall follow the same procedure
31253080 with regard to calendars as house bills and resolutions, but
31263081 separate calendars shall be maintained for senate bills and
31273082 resolutions, and consideration of them on senate bill days shall
31283083 have priority in the manner and order specified in this rule.
31293084 (b) No other business shall be considered on days devoted to
31303085 the consideration of senate bills when there remain any bills on any
31313086 of the senate calendars, except with the consent of the senate. When
31323087 all senate calendars are clear, the house may proceed to
31333088 consideration of house calendars on senate bill days.
31343089 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
31353090 on calendar Thursday of each week, only senate bills and senate
31363091 resolutions shall be taken up and considered, until disposed of.
31373092 Senate bills and senate resolutions shall be considered in the
31383093 order prescribed in Section 7 of this rule on separate senate
31393094 calendars prepared by the Committee on Calendars. In case a senate
31403095 bill or senate resolution is pending at adjournment on calendar
31413096 Thursday, it shall go over to the succeeding calendar Wednesday as
31423097 unfinished business.
31433098 (b) Precedence given in Rule 8 to certain classes of bills
31443099 during the first 60 calendar days of a regular session shall also
31453100 apply to senate bills on senate bill days.
31463101 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
31473102 SUBJECT. When any house bill is reached on the calendar or is
31483103 before the house for consideration, it shall be the duty of the
31493104 speaker to give the place on the calendar of the house bill to any
31503105 senate bill containing the same subject that has been referred to
31513106 and reported from a committee of the house and to lay the senate
31523107 bill before the house, to be considered in lieu of the house bill.
31533108 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
31543109 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
31553110 the chair of the Committee on Rules and Resolutions shall move to
31563111 designate periods for the consideration of congratulatory and
31573112 memorial calendars. Each such motion shall require a two-thirds
31583113 vote for its adoption. In each instance, the Committee on Rules and
31593114 Resolutions shall prepare and post on the electronic legislative
31603115 information system a calendar at least 24 hours in advance of the
31613116 hour set for consideration. No memorial or congratulatory
31623117 resolution will be heard by the full house without having first been
31633118 approved, at least 24 hours in advance, by a majority of the
31643119 membership of the Committee on Rules and Resolutions, in accordance
31653120 with Rule 4, Section 16. It shall not be necessary for the
31663121 Committee on Rules and Resolutions to report a memorial or
31673122 congratulatory resolution from committee in order to place the
31683123 resolution on a congratulatory and memorial calendar. If the
31693124 Committee on Rules and Resolutions determines that a resolution is
31703125 not eligible for placement on the congratulatory and memorial
31713126 calendar the measure shall be sent to the Committee on Calendars for
31723127 further action. A congratulatory and memorial calendar will
31733128 contain the resolution number, the author's name, and a brief
31743129 description of the intent of the resolution. On the congratulatory
31753130 and memorial calendar, congratulatory resolutions may be listed
31763131 separately from memorial resolutions. Once a calendar is posted,
31773132 no additional resolutions will be added to it, and the requirements
31783133 of this section shall not be subject to suspension.
31793134 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
31803135 MEMORIAL CALENDARS. During the consideration of a congratulatory
31813136 and memorial calendar, resolutions shall not be read in full unless
31823137 they pertain to members or former members of the legislature, or
31833138 unless the intended recipient of the resolution is present on the
31843139 house floor or in the gallery. All other such resolutions shall be
31853140 read only by number, type of resolution, and name of the person or
31863141 persons designated in the resolutions. Members shall notify the
31873142 chair, in advance of consideration of the calendar, of any
31883143 resolutions that will be required to be read in full. In addition,
31893144 the following procedures shall be observed:
31903145 (1) The chair shall recognize the reading clerk to
31913146 read the resolutions within each category on the calendar only by
31923147 number, type of resolution, author or sponsor, and name of the
31933148 person or persons designated in the resolutions, except for those
31943149 resolutions that have been withdrawn or that are required to be read
31953150 in full. The resolutions read by the clerk shall then be adopted in
31963151 one motion for each category.
31973152 (2) Subsequent to the adoption of the resolutions read
31983153 by the clerk, the chair shall proceed to lay before the house the
31993154 resolutions on the calendar that are required to be read in full.
32003155 Each such resolution shall be read and adopted individually.
32013156 (3) If it develops that any resolution on the
32023157 congratulatory and memorial calendar does not belong on that
32033158 calendar, the chair shall withdraw the resolution from further
32043159 consideration, remove it from the calendar, and refer it to the
32053160 appropriate calendars committee for placement on the proper
32063161 calendar.
32073162 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
32083163 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
32093164 warrant, the chair of the Committee on Local and Consent Calendars
32103165 shall move to designate periods for the consideration of local,
32113166 consent, and resolutions calendars. Each such motion shall require
32123167 a two-thirds vote for its adoption. In each instance, the Committee
32133168 on Local and Consent Calendars shall prepare and post on the
32143169 electronic legislative information system a calendar at least 48
32153170 hours in advance of the hour set for consideration. Once a calendar
32163171 is posted, no additional bills or resolutions will be added to it.
32173172 This requirement can be suspended only by unanimous consent. No
32183173 local, consent, and resolutions calendar may be considered by the
32193174 house if it is determined that the rules of the house were not
32203175 complied with by the Committee on Local and Consent Calendars in
32213176 preparing that calendar.
32223177 (b) The period designated for the consideration of a local,
32233178 consent, and resolutions calendar under this section or under a
32243179 special order under Section 2 of this rule may not exceed one
32253180 calendar day.
32263181 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
32273182 RESOLUTIONS CALENDARS. During the consideration of a local,
32283183 consent, and resolutions calendar set by the Committee on Local and
32293184 Consent Calendars the following procedures shall be observed:
32303185 (1) The chair shall allow the sponsor of each bill or
32313186 resolution three minutes to explain the measure, and the time shall
32323187 not be extended except by unanimous consent of the house. This rule
32333188 shall have precedence over all other rules limiting time for
32343189 debate.
32353190 (2) If it develops that any bill or resolution on a
32363191 local, consent, and resolutions calendar is to be contested on the
32373192 floor of the house, the chair shall withdraw the bill or resolution
32383193 from further consideration and remove it from the calendar.
32393194 (3) Any bill or resolution on a local, consent, and
32403195 resolutions calendar shall be considered contested if notice is
32413196 given by five or more members that they intend to oppose the bill or
32423197 resolution, either by a raising of hands or the delivery of written
32433198 notice to the chair.
32443199 (4) Any bill or resolution on a local, consent, and
32453200 resolutions calendar shall be considered contested if debate
32463201 exceeds 10 minutes. The chair shall strictly enforce this time
32473202 limit and automatically withdraw the bill from further
32483203 consideration if the time limit herein imposed is exceeded.
32493204 (5) Any bill or resolution on a local, consent, and
32503205 resolutions calendar that is not reached for floor consideration
32513206 because of the expiration of the calendar day period for
32523207 consideration established by Section 13 of this rule shall carry
32533208 over onto the next local, consent, and resolutions calendar. Bills
32543209 or resolutions that carry over must appear in the same relative
32553210 order as on the calendar on which the bills or resolutions initially
32563211 appeared, and bills or resolutions originally from older calendars
32573212 must appear before those originally from more recent calendars.
32583213 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
32593214 local, consent, and resolutions calendars and congratulatory and
32603215 memorial calendars, consideration of calendars shall be in the
32613216 order named in Section 7 of this rule, subject to any exceptions
32623217 ordered by the Committee on Calendars. Bills and resolutions on
32633218 third reading shall have precedence over bills and resolutions on
32643219 second reading.
32653220 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
32663221 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
32673222 prepared daily when the house is in session. A calendar must be
32683223 posted on the electronic legislative information system at least 36
32693224 hours if convened in regular session and 24 hours if convened in
32703225 special session before the calendar may be considered by the house,
32713226 except as otherwise provided by these rules for the calendar on
32723227 which the general appropriations bill is first eligible for
32733228 consideration on second reading when convened in regular session.
32743229 A calendar that contains a bill extending an agency, commission, or
32753230 advisory committee under the Texas Sunset Act must be posted at
32763231 least 48 hours if convened in regular or special session before the
32773232 calendar may be considered by the house. Deviations from the
32783233 calendars as posted shall not be permitted except that the
32793234 Committee on Calendars shall be authorized to prepare and post, not
32803235 later than two hours before the house convenes, a supplemental
32813236 daily house calendar, on which shall appear:
32823237 (1) bills or resolutions which were passed to third
32833238 reading on the previous legislative day;
32843239 (2) bills or resolutions which appeared on the Daily
32853240 House Calendar for a previous calendar day which were not reached
32863241 for floor consideration;
32873242 (3) postponed business from a previous calendar day;
32883243 and
32893244 (4) notice to take from the table a bill or resolution
32903245 which was laid on the table subject to call on a previous
32913246 legislative day.
32923247 In addition to the items listed above, the bills and
32933248 resolutions from a daily house calendar that will be eligible for
32943249 consideration may be incorporated, in their proper order as
32953250 determined by these rules, into the supplemental daily house
32963251 calendar.
32973252 (a-1) If the house is convened in regular session, the
32983253 calendar on which the general appropriations bill is first eligible
32993254 for consideration on second reading must be posted on the
33003255 electronic legislative information system at least 144 hours before
33013256 the calendar may be considered by the house. The posted calendar
33023257 must indicate the date and time at which the calendar is scheduled
33033258 for consideration by the house, which date and time must be in
33043259 accordance with Rule 8, Section 14.
33053260 (b) In addition, when the volume of legislation shall
33063261 warrant, and upon request of the speaker, the chief clerk shall have
33073262 prepared a list of Items Eligible for Consideration, on which shall
33083263 appear only:
33093264 (1) house bills with senate amendments that are
33103265 eligible for consideration under Rule 13, Section 5, including the
33113266 number of senate amendments and the total number of pages of senate
33123267 amendments;
33133268 (2) senate bills for which the senate has requested
33143269 appointment of a conference committee; and
33153270 (3) conference committee reports that are eligible for
33163271 consideration under Rule 13, Section 10.
33173272 (c) The list of Items Eligible for Consideration must be
33183273 posted on the electronic legislative information system at least
33193274 six hours before the list may be considered by the house.
33203275 (d) The time at which a calendar or list is posted on the
33213276 electronic legislative information system shall be time-stamped on
33223277 the originals of the calendar or list.
33233278 (e) No house calendar shall be eligible for consideration if
33243279 it is determined that the rules of the house were not complied with
33253280 by the Committee on Calendars in preparing that calendar.
33263281 (f) If the Committee on Calendars has proposed a rule for
33273282 floor consideration of a bill or resolution that is eligible to be
33283283 placed on a calendar of the daily house calendar, the rule must be
33293284 printed and a copy distributed to each member. If the bill or
33303285 resolution to which the rule will apply has already been placed on a
33313286 calendar of the daily house calendar, a copy of the rule must also
33323287 be posted with the calendar on which the bill or resolution appears.
33333288 The speaker shall lay a proposed rule before the house prior to the
33343289 consideration of the bill or resolution to which the rule will
33353290 apply. The rule shall be laid before the house not earlier than six
33363291 hours after a copy of the rule has been distributed to each member
33373292 in accordance with this subsection. The rule shall not be subject
33383293 to amendment, but to be effective, the rule must be approved by the
33393294 house by an affirmative vote of two-thirds of those members present
33403295 and voting, except that the rule must be approved by an affirmative
33413296 vote of a majority of those members present and voting if the rule
33423297 applies to a tax bill, an appropriations bill, or a redistricting
33433298 bill. If approved by the house in accordance with this subsection,
33443299 the rule will be effective for the consideration of the bill or
33453300 resolution on both second and third readings.
33463301 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
33473302 the calendar under Subsection (b) of this section, once a bill or
33483303 resolution is placed on its appropriate calendar under these rules,
33493304 and has appeared on a house calendar, as posted on the electronic
33503305 legislative information system, the bill shall retain its relative
33513306 position on the calendar until reached for floor consideration, and
33523307 the calendars committee with jurisdiction over the bill or
33533308 resolution shall have no authority to place other bills on the
33543309 calendar ahead of that bill, but all additions to the calendar shall
33553310 appear subsequent to the bill.
33563311 (b) If a bill or resolution that has been placed on a house
33573312 calendar, as posted on the electronic legislative information
33583313 system, is recommitted or withdrawn from further consideration, the
33593314 bill or resolution relinquishes its position on the calendar, and
33603315 the bill or resolution shall be removed from the calendar.
33613316 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
33623317 as provided in Section 11 of this rule as it relates to
33633318 congratulatory and memorial resolutions, no bill or resolution
33643319 shall be placed on a calendar until:
33653320 (1) it has been referred to and reported from its
33663321 appropriate standing committee by favorable committee action; or
33673322 (2) it is ordered printed on minority report or after a
33683323 committee has reported its inability to recommend a course of
33693324 action.
33703325 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
33713326 resolutions, on being reported from committee, shall be referred
33723327 immediately to the committee coordinator for printing and then to
33733328 the appropriate calendars committee for placement on the
33743329 appropriate calendar.
33753330 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
33763331 30 calendar days after a bill or resolution has been referred to the
33773332 appropriate calendars committee, the committee must vote on whether
33783333 to place the bill or resolution on one of the calendars of the daily
33793334 house calendar or the local, consent, and resolutions calendar, as
33803335 applicable. A vote against placement of the bill or resolution on a
33813336 calendar does not preclude a calendars committee from later voting
33823337 in favor of placement of the bill or resolution on a calendar.
33833338 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
33843339 resolution has been in the appropriate calendars committee for 30
33853340 calendar days, exclusive of the calendar day on which it was
33863341 referred, awaiting placement on one of the calendars of the daily
33873342 house calendar or on the local, consent, and resolutions calendar,
33883343 it shall be in order for a member to move that the bill or resolution
33893344 be placed on a specific calendar of the daily house calendar or on
33903345 the local, consent, and resolutions calendar without action by the
33913346 committee. This motion must be seconded by five members and shall
33923347 require a majority vote for adoption.
33933348 (b) A motion to place a bill or resolution on a specific
33943349 calendar of the daily house calendar or on the local, consent, and
33953350 resolutions calendar is not a privileged motion and must be made
33963351 during the routine motion period unless made under a suspension of
33973352 the rules.
33983353 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
33993354 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
34003355 for placement on the local, consent, and resolutions calendar by
34013356 the Committee on Local and Consent Calendars unless a request for
34023357 that placement has been made to the chair of the standing committee
34033358 from which the bill or resolution was reported and unless the
34043359 committee report of the standing committee recommends that the bill
34053360 or resolution be sent to the Committee on Local and Consent
34063361 Calendars for placement on the local, consent, and resolutions
34073362 calendar. The recommendation of the standing committee shall be
34083363 advisory only, and the Committee on Local and Consent Calendars
34093364 shall have final authority to determine whether or not a bill or
34103365 resolution shall be placed on the local, consent, and resolutions
34113366 calendar. If the Committee on Local and Consent Calendars
34123367 determines that the bill or resolution is not eligible for
34133368 placement on the local, consent, and resolutions calendar, the
34143369 measure shall be sent to the Committee on Calendars for further
34153370 action.
34163371 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
34173372 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
34183373 bill by Rule 8, Section 10(c), shall be placed on the local,
34193374 consent, and resolutions calendar unless:
34203375 (1) evidence of publication of notice in compliance
34213376 with the Texas Constitution and these rules is filed with the
34223377 Committee on Local and Consent Calendars; and
34233378 (2) it has been recommended unanimously by the present
34243379 and voting members of the committee from which it was reported that
34253380 the bill be sent to the Committee on Local and Consent Calendars for
34263381 placement on the local, consent, and resolutions calendar.
34273382 (b) No other bill or resolution shall be placed on the
34283383 local, consent, and resolutions calendar unless it has been
34293384 recommended unanimously by the present and voting members of the
34303385 committee from which it was reported that the bill be sent to the
34313386 Committee on Local and Consent Calendars for placement on the
34323387 local, consent, and resolutions calendar.
34333388 (c) No bill or resolution shall be placed on the local,
34343389 consent, and resolutions calendar that:
34353390 (1) directly or indirectly prevents from being
34363391 available for purposes of funding state government generally any
34373392 money that under existing law would otherwise be available for that
34383393 purpose, including a bill that transfers or diverts money in the
34393394 state treasury from the general revenue fund to another fund; or
34403395 (2) authorizes or requires the expenditure or
34413396 diversion of state funds for any purpose, as determined by a fiscal
34423397 note attached to the bill.
34433398 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
34443399 bill or resolution once removed from the local, consent, and
34453400 resolutions calendar shall be returned to the Committee on Local
34463401 and Consent Calendars for further action. The Committee on Local
34473402 and Consent Calendars, if it feels such action is warranted, may
34483403 again place the bill or resolution on the local, consent, and
34493404 resolutions calendar, provided, however, that if the bill or
34503405 resolution is not placed on the next local, consent, and
34513406 resolutions calendar set by the Committee on Local and Consent
34523407 Calendars, the bill or resolution shall immediately be referred to
34533408 the Committee on Calendars for further action. If the bill or
34543409 resolution is then removed from the calendar a second time by being
34553410 contested on the floor of the house, the bill or resolution shall
34563411 not again be placed on the local, consent, and resolutions calendar
34573412 by the Committee on Local and Consent Calendars during that session
34583413 of the legislature but shall be returned to the Committee on
34593414 Calendars for further action.
34603415 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
34613416 the limitations contained in this rule, the Committee on Calendars
34623417 shall have full authority to make placements on calendars in
34633418 whatever order is necessary and desirable under the circumstances
34643419 then existing, except that bills on third reading shall have
34653420 precedence over bills on second reading. It is the intent of the
34663421 calendar system to give the Committee on Calendars wide discretion
34673422 to insure adequate consideration by the house of important
34683423 legislation.
34693424 RULE 7. MOTIONS
34703425 CHAPTER A. GENERAL MOTIONS
34713426 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
34723427 motions, in addition to any elsewhere provided herein, shall be
34733428 decided without debate, except as otherwise provided in these
34743429 rules:
34753430 (1) to adjourn;
34763431 (2) to lay on the table;
34773432 (3) to lay on the table subject to call;
34783433 (4) to suspend the rule as to the time for introduction
34793434 of bills;
34803435 (5) to order a call of the house, and all motions
34813436 incidental thereto;
34823437 (6) an appeal by a member called to order;
34833438 (7) on questions relating to priority of business;
34843439 (8) to amend the caption of a bill or resolution;
34853440 (9) to extend the time of a member speaking under the
34863441 previous question or to allow a member who has the right to speak
34873442 after the previous question is ordered to yield the time, or a part
34883443 of it, to another;
34893444 (10) to reconsider and table.
34903445 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
34913446 the mover and one opponent of the motion three minutes each during
34923447 which to debate the following motions without debating the merits
34933448 of the bill, resolution, or other matter, and the mover of the
34943449 motion may elect to either open the debate or close the debate, but
34953450 the mover's time may not be divided:
34963451 (1) to suspend the regular order of business and take
34973452 up some measure out of its regular order;
34983453 (2) to instruct a committee to report a certain bill or
34993454 resolution;
35003455 (3) to rerefer a bill or resolution from one committee
35013456 to another;
35023457 (4) to place a bill or resolution on a specific
35033458 calendar without action by the appropriate calendars committee;
35043459 (5) to take up a bill or resolution laid on the table
35053460 subject to call;
35063461 (6) to set a special order;
35073462 (7) to suspend the rules;
35083463 (8) to suspend the constitutional rule requiring bills
35093464 to be read on three several days;
35103465 (9) to pass a resolution suspending the joint rules;
35113466 (10) to order the previous question;
35123467 (11) to order the limiting of amendments to a bill or
35133468 resolution;
35143469 (12) to print documents, reports, or other material in
35153470 the journal;
35163471 (13) to take any other action required or permitted
35173472 during the routine motion period by Rule 6, Section 1;
35183473 (14) to divide the question.
35193474 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
35203475 under debate, the following motions, and none other, shall be in
35213476 order, and such motions shall have precedence in the following
35223477 order:
35233478 (1) to adjourn;
35243479 (2) to take recess;
35253480 (3) to lay on the table;
35263481 (4) to lay on the table subject to call;
35273482 (5) for the previous question;
35283483 (6) to postpone to a day certain;
35293484 (7) to commit, recommit, refer, or rerefer;
35303485 (8) to amend by striking out the enacting or resolving
35313486 clause, which, if carried, shall have the effect of defeating the
35323487 bill or resolution;
35333488 (9) to amend;
35343489 (10) to postpone indefinitely.
35353490 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
35363491 been made, the speaker shall state it, or if it is in writing, order
35373492 it read by the clerk; and it shall then be in possession of the
35383493 house.
35393494 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
35403495 the house and entertained by the speaker shall be reduced to writing
35413496 on the demand of any member, and shall be entered on the journal
35423497 with the name of the member making it.
35433498 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
35443499 by the mover at any time before a decision on the motion, even
35453500 though an amendment may have been offered and is pending. It cannot
35463501 be withdrawn, however, if the motion has been amended. After the
35473502 previous question has been ordered, a motion can be withdrawn only
35483503 by unanimous consent.
35493504 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
35503505 or recess shall always be in order, except:
35513506 (1) when the house is voting on another motion;
35523507 (2) when the previous question has been ordered and
35533508 before the final vote on the main question, unless a roll call shows
35543509 the absence of a quorum;
35553510 (3) when a member entitled to the floor has not yielded
35563511 for that purpose; or
35573512 (4) when no business has been transacted since a
35583513 motion to adjourn or recess has been defeated.
35593514 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
35603515 RECESS. When several motions to recess or adjourn are made at the
35613516 same period, the motion to adjourn carrying the shortest time shall
35623517 be put first, then the next shortest time, and in that order until a
35633518 motion to adjourn has been adopted or until all have been voted on
35643519 and lost; and then the same procedure shall be followed for motions
35653520 to recess.
35663521 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
35673522 RECESS. A motion to adjourn or recess may not be withdrawn when it
35683523 is one of a series upon which voting has commenced, nor may an
35693524 additional motion to adjourn or recess be made when voting has
35703525 commenced on a series of such motions.
35713526 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
35723527 vote by which a motion to adjourn or recess is carried or lost shall
35733528 not be subject to a motion to reconsider.
35743529 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
35753530 number of members than a quorum may adjourn from day to day, and may
35763531 compel the attendance of absent members.
35773532 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
35783533 carried, shall have the effect of killing the bill, resolution,
35793534 amendment, or other immediate proposition to which it was applied.
35803535 Such a motion shall not be debatable, but the mover of the
35813536 proposition to be tabled, or the member reporting it from
35823537 committee, shall be allowed to close the debate after the motion to
35833538 table is made and before it is put to a vote. When a motion to table
35843539 is made to a debatable main motion, the main motion mover shall be
35853540 allowed 20 minutes to close the debate, whereas the movers of other
35863541 debatable motions sought to be tabled shall be allowed only 10
35873542 minutes to close. The vote by which a motion to table is carried or
35883543 lost cannot be reconsidered. After the previous question has been
35893544 ordered, a motion to table is not in order. The provisions of this
35903545 section do not apply to motions to "lay on the table subject to
35913546 call"; however, a motion to lay on the table subject to call cannot
35923547 be made after the previous question has been ordered.
35933548 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
35943549 resolution, or other matter is pending before the house, it may be
35953550 laid on the table subject to call, and one legislative day's notice,
35963551 as provided on the Supplemental House Calendar, must be given
35973552 before the proposition can be taken from the table, unless it is on
35983553 the same legislative day, in which case it can be taken from the
35993554 table at any time except when there is another matter pending before
36003555 the house. A bill, resolution, or other matter can be taken from
36013556 the table only by a majority vote of the house. When a special order
36023557 is pending, a motion to take a proposition from the table cannot be
36033558 made unless the proposition is a privileged matter.
36043559 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
36053560 certain may be amended and is debatable within narrow limits, but
36063561 the merits of the proposition sought to be postponed cannot be
36073562 debated. A motion to postpone indefinitely opens to debate the
36083563 entire proposition to which it applies.
36093564 Sec. 15. POSTPONED MATTERS. (a) A bill or proposition
36103565 postponed to a day certain shall be laid before the house at the
36113566 time on the calendar day to which it was postponed, provided it is
36123567 otherwise eligible under the rules and no other business is then
36133568 pending. If business is pending, the postponed matter shall be
36143569 deferred until the pending business is disposed of without
36153570 prejudice otherwise to its right of priority. When a privileged
36163571 matter is postponed to a particular time, and that time arrives, the
36173572 matter, still retaining its privileged nature, shall be taken up
36183573 even though another matter is pending.
36193574 (b) Consideration of a bill postponed to a day certain from
36203575 the local, consent, and resolutions calendar is governed on second
36213576 reading by the rules applicable to the calendar from which it was
36223577 postponed to the extent practicable.
36233578 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
36243579 two or more bills, resolutions, or other propositions are postponed
36253580 to the same time, and are otherwise eligible for consideration at
36263581 that time, they shall be considered in the chronological order of
36273582 their setting.
36283583 Sec. 17. MOTION TO REFER. When motions are made to refer a
36293584 subject to a select or standing committee, the question on the
36303585 subject's referral to a standing committee shall be put first.
36313586 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
36323587 after being defeated at the routine motion period, may again be made
36333588 when the bill itself is under consideration; however, a motion to
36343589 recommit a bill shall not be in order at the routine motion period
36353590 if the bill is then before the house as either pending business or
36363591 unfinished business.
36373592 A motion to recommit a bill or resolution can be made and
36383593 voted on even though the author, sponsor, or principal proponent is
36393594 not present.
36403595 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
36413596 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
36423597 recommit is debatable within narrow limits, but the merits of the
36433598 proposition may not be brought into the debate. A motion to refer,
36443599 rerefer, commit, or recommit with instructions is fully debatable.
36453600 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
36463601 Except as provided in Rule 4, Section 30, when a bill has been
36473602 recommitted once at any reading and has been reported adversely by
36483603 the committee to which it was referred, it shall be in order to
36493604 again recommit the bill only if a minority report has been filed in
36503605 the time required by the rules of the house. A two-thirds vote of
36513606 those present shall be required to recommit a second time.
36523607 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
36533608 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
36543609 motion for the previous question, which shall be admitted only when
36553610 seconded by 25 members. It shall be put by the chair in this manner:
36563611 "The motion has been seconded. Three minutes pro and con debate
36573612 will be allowed on the motion for ordering the previous question."
36583613 As soon as the debate has ended, the chair shall continue: "As many
36593614 as are in favor of ordering the previous question on (here state on
36603615 which question or questions) will say 'Aye,'" and then, "As many as
36613616 are opposed say 'Nay.'" As in all other propositions, a motion for
36623617 the previous question may be taken by a record vote if demanded by
36633618 any member. If ordered by a majority of the members voting, a
36643619 quorum being present, it shall have the effect of cutting off all
36653620 debate, except as provided in Section 23 of this rule, and bringing
36663621 the house to a direct vote on the immediate question or questions on
36673622 which it has been asked and ordered.
36683623 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
36693624 motion for the previous question, there shall be no debate except as
36703625 provided in Sections 2 and 21 of this rule. All incidental
36713626 questions of order made pending decision on such motion shall be
36723627 decided, whether on appeal or otherwise, without debate.
36733628 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
36743629 ORDERED. After the previous question has been ordered, there shall
36753630 be no debate upon the questions on which it has been ordered, or
36763631 upon the incidental questions, except that the mover of the
36773632 proposition or any of the pending amendments or any other motions,
36783633 or the member making the report from the committee, or, in the case
36793634 of the absence of either of them, any other member designated by
36803635 such absentee, shall have the right to close the debate on the
36813636 particular proposition or amendment. Then a vote shall be taken
36823637 immediately on the amendments or other motions, if any, and then on
36833638 the main question.
36843639 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
36853640 ORDERED. All members having the right to speak after the previous
36863641 question has been ordered shall speak before the question is put on
36873642 the first proposition covered by the previous question. All votes
36883643 shall then be taken in the correct order, and no vote or votes shall
36893644 be deferred to allow any member to close on any one of the
36903645 propositions separately after the voting has commenced.
36913646 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
36923647 amendment has been substituted and the previous question is then
36933648 moved on the adoption of the amendment as substituted, the author of
36943649 the amendment as substituted shall have the right to close the
36953650 debate on that amendment in lieu of the author of the original
36963651 amendment.
36973652 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
36983653 the previous question is ordered on a motion to postpone
36993654 indefinitely or to amend by striking out the enacting clause of a
37003655 bill, the member moving to postpone or amend shall have the right to
37013656 close the debate on that motion or amendment, after which the mover
37023657 of the proposition or bill proposed to be so postponed or amended,
37033658 or the member reporting it from the committee, or, in the absence of
37043659 either of them, any other member designated by the absentee, shall
37053660 be allowed to close the debate on the original proposition.
37063661 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
37073662 previous question may be asked and ordered on any debatable single
37083663 motion or series of motions, or any amendment or amendments
37093664 pending, or it may be made to embrace all authorized debatable
37103665 motions or amendments pending and include the bill, resolution, or
37113666 proposition that is on second or third reading. The previous
37123667 question cannot be ordered, however, on the main proposition
37133668 without including other pending motions of lower rank as given in
37143669 Section 3 of this rule.
37153670 Sec. 28. LIMIT OF APPLICATION. The previous question shall
37163671 not extend beyond the final vote on a motion or sequence of motions
37173672 to which the previous question has been ordered.
37183673 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
37193674 Amendments on the speaker's desk for consideration which have not
37203675 actually been laid before the house and read cannot be included
37213676 under a motion for the previous question.
37223677 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
37233678 TABLE. If a motion to table is made directly to a main motion, the
37243679 motion for the previous question is not in order. In a case where an
37253680 amendment to a main motion is pending, and a motion to table the
37263681 amendment is made, it is in order to move the previous question on
37273682 the main motion, the pending amendment, and the motion to table the
37283683 amendment.
37293684 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
37303685 QUESTION. There is no acceptable substitute for a motion for the
37313686 previous question, nor can other motions be applied to it.
37323687 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
37333688 TABLING. The motion for the previous question is not subject to a
37343689 motion to table.
37353690 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
37363691 QUESTION ACCEPTED. The motion to adjourn is not in order after a
37373692 motion for the previous question is accepted by the chair, or after
37383693 the seconding of such motion and before a vote is taken.
37393694 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
37403695 After the previous question has been ordered, no motion shall be in
37413696 order until the question or questions on which it was ordered have
37423697 been voted on, without debate, except:
37433698 (1) a motion for a call of the house, and motions
37443699 incidental thereto;
37453700 (2) a motion to extend the time of a member closing on
37463701 a proposition;
37473702 (3) a motion to permit a member who has the right to
37483703 speak to yield the time or a part thereof to another member;
37493704 (4) a request for and a verification of a vote;
37503705 (5) a motion to reconsider the vote by which the
37513706 previous question was ordered. A motion to reconsider may be made
37523707 only once and that must be before any vote under the previous
37533708 question has been taken;
37543709 (6) a motion to table a motion to reconsider the vote
37553710 by which the previous question has been ordered;
37563711 (7) a double motion to reconsider and table the vote by
37573712 which the previous question was ordered.
37583713 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
37593714 QUESTION ORDERED. No motion for an adjournment or a recess shall be
37603715 in order after the previous question is ordered until the final vote
37613716 under the previous question has been taken, unless the roll call
37623717 shows the absence of a quorum.
37633718 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
37643719 adjourns without a quorum under the previous question, the previous
37653720 question shall remain in force and effect when the bill,
37663721 resolution, or other proposition is again laid before the house.
37673722 CHAPTER C. RECONSIDERATION
37683723 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
37693724 has been decided by the house and the yeas and nays have been called
37703725 for and recorded, any member voting with the prevailing side may, on
37713726 the same legislative day, or on the next legislative day, move a
37723727 reconsideration; however, if a reconsideration is moved on the next
37733728 legislative day, it must be done before the order of the day, as
37743729 designated in the 10th item of Rule 6, Section 1(a), is taken up.
37753730 If the house refuses to reconsider, or on reconsideration, affirms
37763731 its decision, no further action to reconsider shall be in order.
37773732 (b) Where the yeas and nays have not been called for and
37783733 recorded, any member, regardless of whether he or she voted on the
37793734 prevailing side or not, may make the motion to reconsider; however,
37803735 even when the yeas and nays have not been recorded, the following
37813736 shall not be eligible to make a motion to reconsider:
37823737 (1) a member who was absent;
37833738 (2) a member who was paired and, therefore, did not
37843739 vote; and
37853740 (3) a member who was recorded in the journal as having
37863741 voted on the losing side.
37873742 (c) A motion to reconsider the vote by which a bill, joint
37883743 resolution, or concurrent resolution was defeated is not in order
37893744 unless a member has previously provided at least one hour's notice
37903745 of intent to make the motion by addressing the house when the house
37913746 is in session and stating that a member intends to make a motion to
37923747 reconsider the vote by which the bill or resolution was defeated.
37933748 It is not necessary for the member providing the notice to be
37943749 eligible to make or to be the member who subsequently makes the
37953750 motion to reconsider. If notice of intent to make a motion to
37963751 reconsider is given within the period that the motion to reconsider
37973752 may be made under Subsection (a) of this section and that period
37983753 expires during the one-hour period required by this subsection,
37993754 then the period within which the motion may be made under Subsection
38003755 (a) is extended by the amount of time, not to exceed one hour during
38013756 which the house is in session, necessary to satisfy the one-hour
38023757 notice required by this subsection. For purposes of this
38033758 subsection, a motion to reconsider includes a motion to reconsider
38043759 and table and a motion to reconsider and spread on the journal.
38053760 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
38063761 reconsider shall be debatable only when the question to be
38073762 reconsidered is debatable. Even though the previous question was
38083763 in force before the vote on a debatable question was taken, debate
38093764 is permissible on the reconsideration of such debatable question.
38103765 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
38113766 reconsider shall be decided by a majority vote, even though the vote
38123767 on the original question requires a two-thirds vote for affirmative
38133768 action. If the motion to reconsider prevails, the question then
38143769 immediately recurs on the question reconsidered.
38153770 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
38163771 reconsider cannot be withdrawn unless permission is given by a
38173772 majority vote of the house, and the motion may be called up by any
38183773 member.
38193774 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
38203775 reconsider shall be subject to a motion to table, which, if carried,
38213776 shall be a final disposition of the motion to reconsider.
38223777 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
38233778 motion to reconsider and table shall be in order. It shall be
38243779 undebatable. When carried, the motion to reconsider shall be
38253780 tabled. When it fails, the question shall then be on the motion to
38263781 reconsider, and the motion to reconsider shall, without further
38273782 action, be spread on the journal, but it may be called up by any
38283783 member, in accordance with the provisions of Section 43 of this
38293784 rule.
38303785 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
38313786 If a motion to reconsider is not disposed of when made, it shall be
38323787 entered in the journal, and cannot, after that legislative day, be
38333788 called up and disposed of unless one legislative day's notice has
38343789 been given.
38353790 (b) Unless called up and disposed of prior to 72 hours
38363791 before final adjournment of the session, all motions to reconsider
38373792 shall be regarded as determined and lost.
38383793 (c) All motions to reconsider made during the last 72 hours
38393794 of the session shall be disposed of when made; otherwise, the motion
38403795 shall be considered as lost.
38413796 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
38423797 member voting on the prevailing side may make a motion to reconsider
38433798 and spread on the journal, which does not require a vote, and on the
38443799 motion being made, it shall be entered on the journal. Any member,
38453800 regardless of whether he or she voted on the prevailing side or not,
38463801 who desires immediate action on a motion to reconsider which has
38473802 been spread on the journal, can call it up as soon as it is made, and
38483803 demand a vote on it, or can call it up and move to table it.
38493804 (b) If the motion to table the motion to reconsider is
38503805 defeated, the motion to reconsider remains spread on the journal
38513806 for future action; however, any member, regardless of whether he or
38523807 she voted on the prevailing side or not, can call the motion from
38533808 the journal for action by the house, and, once disposed of, no other
38543809 motion to reconsider can be made.
38553810 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
38563811 the first 76 calendar days of a regular session, when any bill,
38573812 resolution, or other paper has been in committee for 6 calendar
38583813 days, exclusive of the calendar day on which it was referred, it
38593814 shall be in order for a member to move that the committee be
38603815 required to report the same within 7 calendar days. This motion
38613816 shall require a two-thirds vote for passage.
38623817 (b) After the first 76 calendar days of a regular session,
38633818 when any bill, resolution, or other paper has been in committee for
38643819 6 calendar days, exclusive of the calendar day on which it was
38653820 referred, it shall be in order for a member to move that the
38663821 committee be required to report the same within 7 calendar days.
38673822 This motion shall require a majority vote for passage.
38683823 (c) A motion to instruct a committee to report is not a
38693824 privileged motion and must be made during the routine motion period
38703825 unless made under a suspension of the rules.
38713826 (d) The house shall have no authority to instruct a
38723827 subcommittee directly; however, instructions recognized under the
38733828 rules may be given to a committee and shall be binding on all
38743829 subcommittees.
38753830 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
38763831 During the first 76 calendar days of a regular session, when any
38773832 bill, resolution, or other paper has been in committee for 7
38783833 calendar days after the committee was instructed by the house to
38793834 report that measure by a motion made under Section 45 of this rule,
38803835 it shall be in order for a member to move to rerefer the bill,
38813836 resolution, or other paper to a different committee. This motion
38823837 shall require a two-thirds vote for passage.
38833838 (b) After the first 76 calendar days of a regular session,
38843839 when any bill, resolution, or other paper has been in committee for
38853840 7 calendar days after the committee has been instructed to report
38863841 that measure by a motion made under Section 45 of this rule, it
38873842 shall be in order for a member to move to rerefer the bill,
38883843 resolution, or other paper to a different committee. This motion
38893844 shall require a majority vote for passage.
38903845 (c) A motion to rerefer a bill, resolution, or other paper
38913846 from one committee to another committee is not a privileged motion
38923847 and must be made during the routine motion period unless made under
38933848 a suspension of the rules.
38943849 RULE 8. BILLS
38953850 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
38963851 laws must be incorporated in bills, which shall consist of:
38973852 (1) a title or caption, beginning with the words "A
38983853 Bill to be Entitled An Act" and a brief statement that gives the
38993854 legislature and the public reasonable notice of the subject of the
39003855 proposed measure;
39013856 (2) an enacting clause, "Be It Enacted by the
39023857 Legislature of the State of Texas"; and
39033858 (3) the bill proper.
39043859 (b) A house bill that would impose, authorize, increase, or
39053860 change the rate or amount of a tax, assessment, surcharge, or fee
39063861 must include a short statement at the end of its title or caption
39073862 indicating the general effect of the bill on the tax, assessment,
39083863 surcharge, or fee, such as "imposing a tax (or assessment),"
39093864 "authorizing a surcharge (or fee)," or "increasing the rate (or
39103865 amount) of a tax."
39113866 (c) A house bill that would create a criminal offense,
39123867 increase the punishment for an existing criminal offense or
39133868 category of offenses, or change the eligibility of a person for
39143869 community supervision, parole, or mandatory supervision must
39153870 include a short statement at the end of its title or caption
39163871 indicating the general effect of the bill on the offense,
39173872 punishment, or eligibility, such as "creating a criminal offense,"
39183873 "increasing a criminal penalty," or "changing the eligibility for
39193874 community supervision (or parole or mandatory supervision)."
3920- (d) A house bill that would create a requirement that an
3921- individual or entity obtain a license, certificate, registration,
3922- permit, or other authorization before engaging in a particular
3923- occupation or profession or that would expand an existing
3924- requirement to additional individuals or entities must include a
3925- short statement at the end of its title or caption indicating the
3926- general effect of the bill on the occupation or profession, such as
3927- "requiring an occupational license" or "expanding the
3928- applicability of an occupational license (or permit or
3929- certificate)."
39303875 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
39313876 revived or amended by reference to its title. The act revived, or
39323877 the section or sections amended, shall be reenacted and published
39333878 at length. This rule does not apply to revisions adopted under
39343879 Article III, Section 43, of the Texas Constitution.
39353880 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
39363881 (except a general appropriations bill, which may embrace the
39373882 various subjects and accounts for which money is appropriated or a
39383883 revision adopted under Article III, Section 43, of the Texas
39393884 Constitution) shall contain only one subject.
39403885 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
39413886 BILL. A general law may not be changed by the provisions in an
39423887 appropriations bill.
39433888 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
39443889 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
39453890 resolution may have only one primary author. The signature of the
39463891 primary author shall be the only signature that appears on the
39473892 [original] measure [and all copies] filed with the chief clerk. The
39483893 signatures of all coauthors or joint authors shall appear on the
39493894 appropriate forms in the chief clerk's office.
39503895 (b) Any member may become the coauthor of a bill or
39513896 resolution by securing permission from the author. If permission
39523897 is secured from the author prior to the time the measure is filed
39533898 with the chief clerk, the primary author and the coauthor shall sign
39543899 the appropriate form, which shall be included with the measure when
39553900 it is filed with the chief clerk. If a member wishes to become the
39563901 coauthor of a measure after it has been filed, no action shall be
39573902 required by the house, but it shall be the duty of the member
39583903 seeking to be a coauthor to obtain written authorization on the
39593904 appropriate form from the author. This authorization shall be
39603905 filed with the chief clerk before the coauthor signs the form for
39613906 the bill or resolution. The chief clerk shall report daily to the
39623907 journal clerk the names of members filed as coauthors of bills or
39633908 resolutions. If a coauthor of a bill or resolution desires to
39643909 withdraw from such status, the member shall notify the chief clerk,
39653910 who in turn shall notify the journal clerk.
39663911 (c) The primary author of a measure may designate up to four
39673912 joint authors by providing written authorization on the appropriate
39683913 form to the chief clerk. If a member designated as a joint author
39693914 has not already signed on the measure as a coauthor, that member
39703915 must also sign the form before the records will reflect the joint
39713916 author status of that member. The names of all joint authors shall
39723917 be shown immediately following the primary author's name on all
39733918 official printings of the measure, on all house calendars, in the
39743919 house journal, and in the electronic legislative information
39753920 system.
39763921 (d) The determination of the house sponsor of a senate
39773922 measure is made at the time the measure is reported from committee.
39783923 In the case of multiple requests for house sponsorship, the house
39793924 sponsor of a senate measure shall be determined by the chair of the
39803925 committee, in consultation with the senate author of the measure.
39813926 The chair of the committee must designate a primary sponsor and may
39823927 designate up to four joint sponsors or an unlimited number of
39833928 cosponsors. The names of all joint sponsors shall be shown
39843929 immediately following the primary sponsor's name on all official
39853930 printings of the measure, on all house calendars, in the house
39863931 journal, and in the electronic legislative information system.
39873932 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
39883933 Each bill shall be filed with the chief clerk when introduced and
39893934 shall be numbered in its regular order. Each bill shall be read
39903935 first time by caption and referred by the speaker to the appropriate
39913936 committee with jurisdiction.
39923937 Sec. 7. PREFILING. Beginning the first Monday after the
39933938 general election preceding the next regular legislative session, or
39943939 within 30 days prior to any special session, it shall be in order to
39953940 file with the chief clerk bills and resolutions for introduction in
39963941 that session. On receipt of the bills or resolutions, the chief
39973942 clerk shall number them and make them a matter of public record,
39983943 available for distribution. Once a bill or resolution has been so
39993944 filed, it may not be recalled. This shall apply only to
40003945 members-elect of the succeeding legislative session.
40013946 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
40023947 resolutions introduced during the first 60 calendar days of the
40033948 regular session may be considered by the committees and in the house
40043949 and disposed of at any time during the session, in accordance with
40053950 the rules of the house. After the first 60 calendar days of a
40063951 regular session, any bill or joint resolution, except local bills,
40073952 emergency appropriations, and all emergency matters submitted by
40083953 the governor in special messages to the legislature, shall require
40093954 an affirmative vote of four-fifths of those members present and
40103955 voting to be introduced.
40113956 (b) In addition to a bill defined as a "local bill" under
40123957 Section 10(c) of this rule, a bill is considered local for purposes
40133958 of this section if it relates to a specified district created under
40143959 Article XVI, Section 59, of the Texas Constitution (water
40153960 districts, etc.), a specified hospital district, or another
40163961 specified special purpose district, even if neither these rules nor
40173962 the Texas Constitution require publication of notice for that bill.
40183963 Sec. 9. FILING [NUMBER OF COPIES FILED]. (a) A bill [Nine
40193964 copies of every bill, except bills relating to conservation and
40203965 reclamation districts and governed by the provisions of Article
40213966 XVI, Section 59, of the Texas Constitution,] must be filed with the
40223967 chief clerk in the manner and in an electronic or other format
40233968 specified by the chief clerk at the time that the bill is
40243969 introduced.
40253970 (b) A [Eleven copies of every] bill relating to conservation
40263971 and reclamation districts and governed by the provisions of Article
40273972 XVI, Section 59, of the Texas Constitution[, with copies of the
40283973 notice to introduce the bill attached,] must be filed with copies of
40293974 the notice to introduce the bill attached [the chief clerk at the
40303975 time that the bill is introduced] if the bill is intended to:
40313976 (1) create a particular conservation and reclamation
40323977 district; or
40333978 (2) amend the act of a particular conservation and
40343979 reclamation district to:
40353980 (A) add additional land to the district;
40363981 (B) alter the taxing authority of the district;
40373982 (C) alter the authority of the district with
40383983 respect to issuing bonds; or
40393984 (D) alter the qualifications or terms of office
40403985 of the members of the governing body of the district.
40413986 [(c) No bill may be laid before the house on first reading
40423987 until it is in compliance with the provisions of this section.]
40433988 Sec. 10. LOCAL BILLS. (a) The house may not consider a
40443989 local bill unless notice of intention to apply for the passage of
40453990 the bill was published as provided by law and evidence of the
40463991 publication is attached to the bill. If not attached to the bill on
40473992 filing with the chief clerk or receipt of the bill from the senate,
40483993 copies of the evidence of timely publication shall be filed with the
40493994 chief clerk and must be distributed to the members of the committee
40503995 not later than the first time the bill is laid out in a committee
40513996 meeting. The evidence shall be attached to the bill on first
40523997 printing and shall remain with the measure throughout the entire
40533998 legislative process, including submission to the governor.
40543999 (b) Neither the house nor a committee of the house may
40554000 consider a bill whose application is limited to one or more
40564001 political subdivisions by means of population brackets or other
40574002 artificial devices in lieu of identifying the political subdivision
40584003 or subdivisions by name. However, this subsection does not prevent
40594004 consideration of a bill that classifies political subdivisions
40604005 according to a minimum or maximum population or other criterion
40614006 that bears a reasonable relation to the purpose of the proposed
40624007 legislation or a bill that updates laws based on population
40634008 classifications to conform to a federal decennial census.
40644009 (c) Except as provided by Subsection (d) of this section,
40654010 "local bill" for purposes of this section means:
40664011 (1) a bill for which publication of notice is required
40674012 under Article XVI, Section 59, of the Texas Constitution (water
40684013 districts, etc.);
40694014 (2) a bill for which publication of notice is required
40704015 under Article IX, Section 9, of the Texas Constitution (hospital
40714016 districts);
40724017 (3) a bill relating to hunting, fishing, or
40734018 conservation of wildlife resources of a specified locality;
40744019 (4) a bill creating or affecting a county court or
40754020 statutory court or courts of one or more specified counties or
40764021 municipalities;
40774022 (5) a bill creating or affecting the juvenile board or
40784023 boards of a specified county or counties; or
40794024 (6) a bill creating or affecting a road utility
40804025 district under the authority of Article III, Section 52, of the
40814026 Texas Constitution.
40824027 (d) A bill is not considered to be a local bill under
40834028 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
40844029 localities, counties, or municipalities so as to be of general
40854030 application or of statewide importance.
40864031 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
40874032 considered unless it first has been referred to a committee and
40884033 reported from it.
40894034 (b) After a bill has been recommitted, it shall be
40904035 considered by the committee as a new subject.
40914036 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
40924037 before the house shall be taken up and acted on in the order in which
40934038 they appear on their respective calendars, and each calendar shall
40944039 have the priority accorded to it by the provisions of Rule 6,
40954040 Sections 7 and 8.
40964041 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
40974042 that is local as defined by Section 10(c) of this rule and that
40984043 appears on a local, consent, and resolutions calendar shall be
40994044 considered for any purpose after the 130th day of a regular session,
41004045 except to:
41014046 (1) act on senate amendments;
41024047 (2) adopt a conference committee report;
41034048 (3) reconsider the bill to make corrections; or
41044049 (4) pass the bill notwithstanding the objections of
41054050 the governor.
41064051 (b) No other house bill or joint resolution shall be
41074052 considered on its second reading after the 122nd day of a regular
41084053 session if it appears on a daily or supplemental daily house
41094054 calendar, or for any purpose after the 123rd day of a regular
41104055 session, except to:
41114056 (1) act on senate amendments;
41124057 (2) adopt a conference committee report;
41134058 (3) reconsider the bill or resolution to make
41144059 corrections; or
41154060 (4) pass the bill notwithstanding the objections of
41164061 the governor.
41174062 (c) No senate bill or joint resolution shall be considered
41184063 on its second reading after the 134th day of a regular session if it
41194064 appears on a daily or supplemental daily house calendar, or for any
41204065 purpose after the 135th day of a regular session, except to:
41214066 (1) adopt a conference committee report;
41224067 (2) reconsider the bill or resolution to remove house
41234068 amendments;
41244069 (3) reconsider the bill or resolution to make
41254070 corrections; or
41264071 (4) pass the bill notwithstanding the objections of
41274072 the governor.
41284073 (d) The speaker shall not lay any bill or joint resolution
41294074 before the house or permit a vote to be taken on its passage on the
41304075 136th and 137th days of a regular session, except to:
41314076 (1) act on senate amendments;
41324077 (2) adopt a conference committee report;
41334078 (3) reconsider the bill or resolution to remove house
41344079 amendments;
41354080 (4) reconsider the bill or resolution to make
41364081 corrections; or
41374082 (5) pass the bill notwithstanding the objections of
41384083 the governor.
41394084 (e) The speaker shall not lay any bill or joint resolution
41404085 before the house or permit a vote to be taken on its passage on the
41414086 138th and 139th days of a regular session, except to:
41424087 (1) adopt a conference committee report;
41434088 (2) reconsider the bill or resolution to remove house
41444089 amendments;
41454090 (3) discharge house conferees and concur in senate
41464091 amendments;
41474092 (4) reconsider the bill or resolution to make
41484093 corrections; or
41494094 (5) pass the bill notwithstanding the objections of
41504095 the governor.
41514096 (f) No vote shall be taken upon the passage of any bill or
41524097 resolution within 24 hours of the final adjournment of a regular
41534098 session unless it be to reconsider the bill or resolution to make
41544099 corrections, or to adopt a corrective resolution.
4155- (g) The clock of record for the house, as determined under
4156- Rule 2, Section 2, shall be used to determine compliance with
4157- deadlines and other time requirements of the Texas Constitution and
4158- these rules. A motion to suspend this rule must be decided by a
4159- record vote.
41604100 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
41614101 resolution, except the general appropriations bill, shall be
41624102 delivered to each member by making a copy of the bill or resolution
41634103 available in an electronic format for viewing by the member and,
41644104 when the electronic format copy of the appropriate printing becomes
41654105 available, by sending notice of that fact to a Capitol e-mail
41664106 address designated by the member, at least 36 hours if convened in
41674107 regular session and 24 hours if convened in special session before
41684108 the bill can be considered by the house on second reading. If a
41694109 member informs the chief clerk in writing that the member desires to
41704110 receive paper copies of bills and resolutions under this section in
41714111 addition to delivery in an electronic format, the chief clerk shall
41724112 place a paper copy of the bill or resolution in the newspaper box of
41734113 the member as soon as practicable after the electronic copies of the
41744114 bill or resolution are made available for viewing.
41754115 (a-1) A printed copy of the general appropriations bill
41764116 shall be placed in the newspaper mailbox of each member at least 168
41774117 hours during a regular session and at least 72 hours during a
41784118 special session before the bill can be considered by the house on
41794119 second reading.
41804120 (b) By majority vote, the house may order both the original
41814121 bill or resolution and the complete committee substitute to be
41824122 printed. It shall not be necessary for the house to order complete
41834123 committee substitutes printed in lieu of original bills.
41844124 (c) A two-thirds vote of the house is necessary to order
41854125 that bills, other than local bills, be not printed. It shall not be
41864126 necessary for the house to order that local bills be not printed.
41874127 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
41884128 have the force of law until it has been read on three several
41894129 legislative days in each house and free discussion allowed, unless
41904130 this provision is suspended by a vote of four-fifths of the members
41914131 present and voting, a quorum being present. The yeas and nays shall
41924132 be taken on the question of suspension and entered in the journal.
41934133 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
41944134 consideration of any bill or resolution, the house may, by a
41954135 majority vote, order the bill or resolution to be considered
41964136 section by section, or department by department, until each section
41974137 or department has been given separate consideration. If such a
41984138 procedure is ordered, only amendments to the section or department
41994139 under consideration at that time shall be in order. However, after
42004140 each section or department has been considered separately, the
42014141 entire bill or resolution shall be open for amendment, subject to
42024142 the provisions of Rule 11, Section 8(b). Once the consideration of
42034143 a bill section by section or department by department has been
42044144 ordered, it shall not be in order to move the previous question on
42054145 the entire bill, to recommit it, to lay it on the table, or to
42064146 postpone it, until each section or department has been given
42074147 separate consideration or until the vote by which section by
42084148 section consideration was ordered is reconsidered.
42094149 (b) A motion to consider a bill section by section is
42104150 debatable within narrow limits; that is, the pros and cons of the
42114151 proposed consideration can be debated but not the merits of the
42124152 bill.
42134153 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
42144154 bill or complete committee substitute for a bill has been taken up
42154155 and read, amendments shall be in order. If no amendment is made, or
42164156 if those proposed are disposed of, then the final question on its
42174157 second reading shall be, in the case of a house bill, whether it
42184158 shall be passed to engrossment, or, in the case of a senate bill,
42194159 whether it shall pass to its third reading. All bills ordered
42204160 passed to engrossment or passed to a third reading shall remain on
42214161 the calendar on which placed, but with future priority over bills
42224162 that have not passed second reading.
42234163 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
42244164 shall certify the final passage of each bill, noting on the bill the
42254165 date of its passage, and the vote by which it passed, if by a yea and
42264166 nay vote.
42274167 Sec. 19. EFFECTIVE DATE. Every law passed by the
42284168 legislature, except the General Appropriations Act, shall take
42294169 effect or go into force on the 91st day after the adjournment of the
42304170 session at which it was enacted, unless the legislature provides
42314171 for an earlier effective date by a vote of two-thirds of all the
42324172 members elected to each house. The vote shall be taken by yeas and
42334173 nays and entered in the journals.
42344174 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
42354175 After a bill or resolution has been considered and defeated by
42364176 either house of the legislature, no bill or resolution containing
42374177 the same substance shall be passed into law during the same session.
42384178 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
42394179 In order to assure the continuation of financial support of
42404180 existing state services through the passage of the general
42414181 appropriations bill, it shall not be in order during the first 118
42424182 days of the regular session for the speaker to lay before the house,
42434183 prior to the consideration, passage, and certification by the
42444184 comptroller of the general appropriations bill, any bill that
42454185 directly or indirectly prevents from being available for purposes
42464186 of funding state government generally any money that under existing
42474187 law would otherwise be available for that purpose, including a bill
42484188 that transfers or diverts money in the state treasury from the
42494189 general revenue fund to another fund.
42504190 (b) In order to assure compliance with the limitation on
42514191 appropriations of state tax revenue not dedicated by the
42524192 constitution as provided by Article VIII, Section 22, of the Texas
42534193 Constitution, it is not in order for the speaker to lay before the
42544194 house, prior to the time that the general appropriations bill has
42554195 been finally passed and sent to the comptroller, any bill that
42564196 appropriates funds from the state treasury that are not dedicated
42574197 by the constitution.
42584198 (c) When bills subject to the provisions of Subsection (a)
42594199 of this section become eligible for consideration, they shall be
42604200 considered for passage under the rules of the house and the joint
42614201 rules as any other bill but shall not be signed by the speaker as
42624202 required by the Constitution of Texas and the rules of the house
42634203 until the general appropriations bill has been signed by the
42644204 presiding officers of both houses of the legislature and
42654205 transmitted to the comptroller of public accounts for certification
42664206 as required by Article III, Section 49a, of the Constitution of
42674207 Texas.
42684208 (d) All bills subject to the provisions of Subsection (a) of
42694209 this section that have finally passed both houses shall be enrolled
42704210 as required by the rules and transmitted to the speaker. The
42714211 speaker shall note on each bill the date and hour of final
42724212 legislative action and shall withhold his or her signature and any
42734213 further action on all such bills until the general appropriations
42744214 bill has been signed by the presiding officers of both houses and
42754215 transmitted to the comptroller of public accounts for
42764216 certification. Immediately thereafter, the speaker shall sign in
42774217 the presence of the house all bills on which further action was
42784218 being withheld because the bills were subject to the provisions of
42794219 this section. After being signed by the speaker, the bills shall
42804220 then be transmitted to the comptroller of public accounts for
42814221 certification or to the governor, as the case may be, in the order
42824222 in which final legislative action was taken. "Final legislative
42834223 action," as that term is used in this subsection, shall mean the
42844224 last act of either house meeting in general session necessary to
42854225 place the bill in its final form preparatory to enrollment.
42864226 (e) Subsections (a)-(d) of this section shall not apply to
42874227 any bills providing for:
42884228 (1) the payment of expenses of the legislature;
42894229 (2) the payment of judgments against the state;
42904230 (3) any emergency matter when requested by the
42914231 governor in a formal message to the legislature; or
42924232 (4) the reduction of taxes.
4293- (e-1) Subsection (a) of this section does not apply to a
4294- bill that prevents the deposit into the general revenue fund of
4295- money received from the federal government or earnings on that
4296- money if the bill does not prevent that money from being available
4297- for the purpose of funding state government generally to the same
4298- extent as under existing law.
42994233 (f) Unless within the authority of a resolution or
43004234 resolutions adopted pursuant to Article VIII, Section 22(b), of the
43014235 Texas Constitution, it is not in order for the house to consider for
43024236 final passage on third reading, on motion to concur in senate
43034237 amendments, or on motion to adopt a conference committee report, a
43044238 bill appropriating funds from the state treasury in an amount that,
43054239 when added to amounts previously appropriated by bills finally
43064240 passed and sent or due to be sent to the comptroller, would exceed
43074241 the limit on appropriations established under Chapter 316,
43084242 Government Code.
43094243 (g) The general appropriations bill shall be reported to the
43104244 house by the Committee on Appropriations not later than the 90th
43114245 calendar day of the regular session. Should the Committee on
43124246 Appropriations fail to report by the deadline, Subsections (a)-(d)
43134247 of this section shall be suspended for the balance of that regular
43144248 session.
43154249 RULE 9. JOINT RESOLUTIONS
43164250 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
43174251 proposed amendment to the Texas Constitution shall take the form of
43184252 a joint resolution, which shall be subject to the rules that govern
43194253 the proceedings on bills, except as provided by this section.
43204254 (b) A joint resolution is not subject to the provisions of
43214255 Rule 8, Section 3, or Rule 11, Section 3.
43224256 (c) A joint resolution shall be adopted on any reading after
43234257 the first if it receives a two-thirds vote of the elected membership
43244258 of the house. If such a joint resolution receives only a majority
43254259 vote on second reading, it shall be passed to engrossment, and
43264260 subsequent proceedings shall be the same as those governing the
43274261 final passage of bills which have been passed to engrossment. If
43284262 such a joint resolution does not receive a two-thirds vote of the
43294263 elected membership of the house on third reading and final passage,
43304264 it shall fail of adoption.
43314265 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
43324266 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
43334267 proposed amendment to or application to Congress for a convention
43344268 to amend the Constitution of the United States shall take the form
43354269 of a joint resolution, which shall be subject to the rules that
43364270 govern the proceedings on bills, except that it shall be adopted on
43374271 second reading if it receives a majority vote of the members present
43384272 and voting, a quorum being present. If such a joint resolution
43394273 fails to receive a majority vote, it shall fail of adoption and
43404274 shall not be considered again unless revived by a motion to
43414275 reconsider as otherwise provided in the rules.
43424276 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
43434277 resolutions on committee report shall be referred to the Committee
43444278 on Calendars for placement on an appropriate calendar. The
43454279 Committee on Calendars shall maintain a separate calendar for house
43464280 joint resolutions and a separate calendar for senate joint
43474281 resolutions. Senate joint resolutions shall be considered on
43484282 calendar Wednesdays and calendar Thursdays along with senate bills.
43494283 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
43504284 Sec. 1. FILING. Resolutions shall be introduced by [the]
43514285 filing a resolution [of nine identical copies] with the chief clerk
43524286 in the manner and in an electronic or other format specified by the
43534287 chief clerk, who shall number and record house resolutions in one
43544288 series and concurrent resolutions in a separate series.
43554289 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
43564290 recording, all resolutions shall be sent to the speaker for
43574291 referral to the proper committee.
43584292 (b) Resolutions proposing the expenditure of money out of
43594293 the contingent expense fund of the legislature shall be referred to
43604294 the Committee on House Administration.
43614295 (c) All other resolutions shall be referred to the
43624296 appropriate committee with jurisdiction.
43634297 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
43644298 on committee report, other than privileged resolutions, shall be
43654299 referred immediately to the appropriate calendars committee for
43664300 placement on the appropriate calendar.
43674301 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
43684302 resolutions shall be considered by the house only at the time
43694303 assigned for their consideration on the calendar, in accordance
43704304 with the provisions of Rule 6, Section 7.
43714305 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
43724306 on final passage of a resolution other than a resolution of a purely
43734307 ceremonial or honorary nature must be by record vote with the vote
43744308 of each member entered in the journal as required by Section 12(b),
43754309 Article III, Texas Constitution.
43764310 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
43774311 take the same course as house resolutions, except that they shall be
43784312 sent to the governor for signing when finally passed by both houses.
43794313 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
43804314 office of mascot shall be named in and elected by a single house
43814315 resolution.
43824316 (b) Only children of house members who are under the age of
43834317 12 years shall be eligible for election to the honorary office of
43844318 mascot. A child once named a mascot shall not be eligible for the
43854319 honor a second time.
43864320 (c) No separate classification or special title shall be
43874321 given to any mascot, but all shall receive the same title of
43884322 honorary mascot of the house of representatives.
43894323 (d) The speaker shall issue a certificate showing the
43904324 election of each mascot and deliver it to the parent member of the
43914325 child.
43924326 Pictures of mascots shall appear on the panel picture of the
43934327 house.
43944328 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
43954329 SESSIONS. The subject matter of house resolutions and concurrent
43964330 resolutions does not have to be submitted by the governor in a
43974331 called session before they can be considered.
43984332 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
43994333 Resolutions authorizing the enrolling clerk of the house or senate
44004334 to make technical corrections to a measure that has been finally
44014335 acted upon by both houses of the legislature shall be privileged in
44024336 nature and need not be referred to committee. Such resolutions
44034337 shall be eligible for consideration by the house upon introduction
44044338 in the house or receipt from the senate.
44054339 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
44064340 RESOLUTION. The enrolled printing of a house congratulatory or
44074341 memorial resolution shall include a place for the signature of the
44084342 primary author of the resolution. The chief clerk shall provide the
44094343 primary author with the opportunity to sign the resolution after
44104344 the resolution is enrolled. The absence of the primary author's
44114345 signature does not affect the validity of the resolution as adopted
44124346 by the house.
44134347 RULE 11. AMENDMENTS
44144348 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
44154349 resolution, motion, or proposition is under consideration, a motion
44164350 to amend and a motion to amend that amendment shall be in order. It
44174351 shall also be in order to offer a further amendment by way of a
44184352 substitute. Such a substitute may not be amended. If the
44194353 substitute is adopted, the question shall then be on the amendment
44204354 as substituted, and under this condition an amendment is not in
44214355 order.
44224356 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
44234357 AMENDMENTS. No motion or proposition on a subject different from
44244358 the subject under consideration shall be admitted as an amendment
44254359 or as a substitute for the motion or proposition under debate.
44264360 "Proposition" as used in this section shall include a bill,
44274361 resolution, joint resolution, or any other motion which is
44284362 amendable.
44294363 Amendments pertaining to the organization, powers,
44304364 regulation, and management of the agency, commission, or advisory
44314365 committee under consideration are germane to bills extending state
44324366 agencies, commissions, or advisory committees under the provisions
44334367 of the Texas Sunset Act (Chapter 325, Government Code).
44344368 An amendment to a committee substitute laid before the house
44354369 in lieu of an original bill is germane if each subject of the
44364370 amendment is a subject that is included in the committee substitute
44374371 or was included in the original bill.
44384372 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
44394373 bill shall be amended in its passage through either house so as to
44404374 change its original purpose.
44414375 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
44424376 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
44434377 resolution shall not be in order during its consideration on a
44444378 local, consent, and resolutions calendar set by the Committee on
44454379 Local and Consent Calendars, unless the amendments have first been
44464380 submitted to and approved by the Committee on Local and Consent
44474381 Calendars, which shall be noted thereon by the chair of the
44484382 Committee on Local and Consent Calendars prior to the offering of
44494383 the amendments.
44504384 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
44514385 taken up on its third reading, amendments shall be in order, but
44524386 shall require a two-thirds vote of the members present for their
44534387 adoption. A bill on third reading may be recommitted to a committee
44544388 and later reported to the house with amendments, in which case the
44554389 bill shall again take the course of a bill at its second reading.
44564390 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
44574391 amendment shall be filed with the speaker. When the amendment is
44584392 read, two copies shall go to the chief clerk, one copy to the
44594393 journal clerk, one copy to the reading clerk, and one copy to the
44604394 speaker. No amendment offered from the floor shall be in order
44614395 unless the sponsoring member has complied with the provisions of
44624396 this section with respect to copies of the amendment. The chief
44634397 clerk shall retain one copy of each amendment filed with the speaker
44644398 under this section whether or not the amendment was offered by the
44654399 filing member.
44664400 (b) Prior to the time that an amendment is offered, if the
44674401 amendment exceeds one page in length, the sponsoring member must
44684402 provide to the chief clerk a minimum of five copies to be available
44694403 for distribution to those members requesting copies of the
44704404 amendment.
44714405 (c) If the amendment is only one page in length or less, the
44724406 sponsoring member must provide one additional copy of the amendment
44734407 to the chief clerk, who shall immediately proceed to have
44744408 additional copies made and available for those members requesting
44754409 copies of the amendment.
44764410 (d) The provisions of this section with respect to extra
44774411 copies shall not apply to committee amendments or to amendments
44784412 which do nothing more than delete material from the bill or
44794413 resolution.
44804414 (e) The speaker shall not recognize a member to offer an
44814415 original amendment that exceeds one page in length and that is in
44824416 the form of a complete substitute for the bill or resolution laid
44834417 before the house, or in the opinion of the speaker is a substantial
44844418 substitute, unless 10 copies of the amendment have been provided to
44854419 the chief clerk and were available in the chief clerk's office at
44864420 least 12 hours prior to the time the calendar on which the bill or
44874421 resolution to be amended is eligible for consideration.
44884422 (f) An amendment may be typed, hand-printed, or
44894423 handwritten, but must be legible in order to be offered.
44904424 (g) The speaker shall not recognize a member to offer an
44914425 original amendment to a bill extending an agency, commission, or
44924426 advisory committee under the Texas Sunset Act unless 10 copies of
44934427 the amendment have been provided to the chief clerk and were
44944428 available in the chief clerk's office at least 24 hours prior to the
44954429 time the calendar on which the bill or resolution to be amended is
44964430 eligible for consideration.
44974431 (h) If the house is convened in regular session, the speaker
44984432 shall not recognize a member to offer an original amendment to the
44994433 general appropriations bill on second reading unless 10 copies of
45004434 the amendment have been provided to the chief clerk and were
45014435 available in the chief clerk's office at least 72 hours prior to the
45024436 time the calendar on which the general appropriations bill appears
45034437 for second reading is first eligible for consideration.
45044438 (i) The Committee on House Administration shall ensure
45054439 that:
45064440 (1) the floor amendment system through which members
45074441 of the house may view an electronic image of current or past
45084442 amendments, or the system's successor in function, is available to
45094443 the public on the Internet;
45104444 (2) members of the public using the system available
45114445 on the Internet may view the same information that members may view
45124446 at the same time that members may view the information; and
45134447 (3) members of the public using the system available
45144448 on the Internet may view any amendment required to be provided to
45154449 the chief clerk under Rule 11, Sections 6(e), (g), and (h) at least
45164450 10 hours prior to the time the calendar on which the bill or
45174451 resolution to be amended is eligible for consideration.
45184452 (j) To the extent practicable, an amendment must include the
45194453 page and line numbers of the text of the bill, resolution, or
45204454 amendment being amended. Failure to comply with the requirements of
45214455 this subsection is not a sustainable point of order.
45224456 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
45234457 motions to amend shall be offered in the following order:
45244458 (1) motions to amend by striking out the enacting
45254459 clause of a bill (or the resolving clause of a resolution), which
45264460 amendment cannot be amended or substituted;
45274461 (2) motions to amend an original bill, resolution,
45284462 motion, or proposition (other than substitute bills as provided for
45294463 in Subdivision (3) below), which shall have precedence as follows:
45304464 (A) original amendment;
45314465 (B) amendment to the amendment;
45324466 (C) substitute for the amendment to the
45334467 amendment.
45344468 Recognition for the offering of original amendments shall be
45354469 as follows: first, the main author; second, the member or members
45364470 offering the committee amendment; and third, members offering other
45374471 amendments from the floor;
45384472 (3) motions to amend an original bill by striking out
45394473 all after the enacting clause (substitute bills), which substitute
45404474 bills shall be subject to amendment as follows:
45414475 (A) amendment to the substitute bill;
45424476 (B) substitute for the amendment to the
45434477 substitute bill.
45444478 Recognition for offering such substitute bills shall be as
45454479 follows: first, the main author of the original bill, if the
45464480 member has not sought to perfect the bill by amendments as provided
45474481 for in Subdivision (2) above; second, the member or members
45484482 offering the committee amendment; and, third, members offering
45494483 amendments from the floor.
45504484 It shall be in order under the procedure described in this
45514485 subdivision to have as many as four complete measures pending
45524486 before the house at one time; that is, an original bill, an
45534487 amendment striking out all after the enacting clause of the bill and
45544488 inserting a new bill body, an amendment to the amendment striking
45554489 out all after the enacting clause of the bill and inserting a new
45564490 bill body, and a substitute for this amendment to the amendment to
45574491 the original bill which is also a new bill body. These "substitute
45584492 bills" shall be voted on in the reverse order of their offering;
45594493 (4) motions to amend the caption of a bill or joint
45604494 resolution, which may also be offered in accordance with Section
45614495 9(a) of this rule.
45624496 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
45634497 out and to insert new matter in lieu of that to be stricken out shall
45644498 be regarded as a substitute and shall be indivisible.
45654499 (b) Matter inserted or stricken out of an original bill by
45664500 way of amendment may not be taken out or reinserted at a later time
45674501 on the same reading except under the following conditions:
45684502 (1) reconsideration of the inserting or deleting
45694503 amendment;
45704504 (2) adoption of a "substitute bill" amendment;
45714505 (3) adoption of an amendment for a whole paragraph,
45724506 section or subdivision of a bill which so materially changes the
45734507 original text that the portion inserted or deleted is in fact of
45744508 minor importance.
45754509 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
45764510 of a bill or resolution shall not be in order until all other
45774511 proposed amendments have been acted on and the house is ready to
45784512 vote on the passage of the measure, and it shall then be decided
45794513 without debate.
45804514 (b) If the previous question has been ordered on a bill or
45814515 joint resolution at any reading, an amendment to the caption of that
45824516 bill or joint resolution may be offered and voted on immediately
45834517 preceding the final vote on the bill or joint resolution.
45844518 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
45854519 amendments shall be admitted only when seconded by 25 members. The
45864520 motion may take either of two forms:
45874521 (1) to limit amendments to those pending before the
45884522 house; or
45894523 (2) to limit amendments to those pending on the
45904524 speaker's desk.
45914525 (b) The motion shall be put by the chair in this manner: "The
45924526 motion has been seconded. Three minutes pro and con debate will be
45934527 allowed on the motion to limit amendments." As soon as the debate
45944528 has ended, the chair shall continue: "As many as are in favor of
45954529 limiting amendments on (here state on which question or questions)
45964530 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
45974531 all other propositions, a motion to limit amendments shall be
45984532 decided by a record vote if demanded by any member. If ordered by a
45994533 majority of the members voting, a quorum being present, the motion
46004534 shall have the effect of confining further debate and consideration
46014535 to those amendments included within the motion, and thereafter the
46024536 chair will accept no more amendments to the proposition to which the
46034537 motion is applied.
46044538 (c) The motion to limit amendments, if adopted, shall not in
46054539 any way cut off or limit debate or other parliamentary maneuvers on
46064540 the pending proposition or propositions or amendment or amendments
46074541 included within the motion. The sole function of the motion is to
46084542 prevent the chair from accepting further amendments to the
46094543 proposition to which the motion is applied.
46104544 (d) Except as otherwise provided, the motion to limit
46114545 amendments shall have no effect on the parliamentary situation to
46124546 which the motion is applied, and the matter to which the motion is
46134547 applied shall continue to be considered by the house in all other
46144548 respects as though the motion had not been made.
46154549 (e) The amendments that are included within the motion to
46164550 limit amendments shall each be subject to amendment, if otherwise
46174551 permitted under the rules.
46184552 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
46194553 motion to limit amendments is not subject to a motion to table.
46204554 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
46214555 is offered, followed by an amendment to that amendment, and then a
46224556 substitute for the amendment to the amendment, these questions
46234557 shall be voted on in the reverse order of their offering.
46244558 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
46254559 amendment is adopted, such action shall be certified by the chief
46264560 clerk on the amendment, and the official copy of the amendment shall
46274561 then be securely attached to the bill or resolution which it amends.
46284562 RULE 12. PRINTING
46294563 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
46304564 Except as otherwise provided in this rule, all bills and joint
46314565 resolutions shall be printed and a copy provided to each member at
46324566 each of the following stages in the parliamentary progress of the
46334567 bill or joint resolution:
46344568 (1) at the time of the committee report on the bill or
46354569 joint resolution, which shall be known as "First Printing" and
46364570 which shall consist of:
46374571 (A) a complete text of the bill or joint
46384572 resolution as reported from committee;
46394573 (B) a complete copy of the bill analysis, a
46404574 complete copy of the summary of committee action, and a complete
46414575 copy of the witness list;
46424576 (C) the text of the committee report;
46434577 (D) the record vote by which the measure was
46444578 reported from committee, including the vote of individual members;
46454579 (E) a copy of the latest fiscal note; and
46464580 (F) a copy of each impact statement received by
46474581 the committee;
46484582 (2) at the time the bill or joint resolution, if
46494583 amended, finally passes the senate, senate amendments and house
46504584 engrossment text will be printed, which shall be known as "Second
46514585 Printing"; and
46524586 (3) at the time the conference committee, if any,
46534587 makes its report on the bill or joint resolution, which shall be
46544588 known as "Third Printing."
46554589 (b) In any section of the first printing of a bill or joint
46564590 resolution that proposes to amend an existing statute or
46574591 constitutional provision, language sought to be deleted must be
46584592 bracketed and stricken through, and language sought to be added
46594593 must be underlined. This requirement does not apply to:
46604594 (1) an appropriations bill;
46614595 (2) a local bill;
46624596 (3) a game bill;
46634597 (4) a recodification bill;
46644598 (5) a redistricting bill;
46654599 (6) a section of a bill or joint resolution not
46664600 purporting to amend an existing statute or constitutional
46674601 provision;
46684602 (7) a section of a bill or joint resolution that
46694603 revises the entire text of an existing statute or constitutional
46704604 provision, to the extent that it would confuse rather than clarify
46714605 to show deletions and additions; and
46724606 (8) a section of a bill or joint resolution providing
46734607 for severability, nonseverability, emergency, or repeal of an
46744608 existing statute or constitutional provision.
46754609 (c) The speaker may overrule a point of order raised as to a
46764610 violation of Subsection (b) of this section if the violation is
46774611 typographical or minor and does not tend to deceive or mislead.
46784612 (d) The requirement to provide a copy of a printing to each
46794613 member may be accomplished by making a copy of the printing
46804614 available in an electronic format for viewing by the member and,
46814615 when the electronic format copy of the appropriate printing becomes
46824616 available, sending notice of that fact to a Capitol e-mail address
46834617 designated by the member. If a member informs the chief clerk that
46844618 the member also desires to receive a paper copy of printings at
46854619 first, second, or third printing, the chief clerk shall place paper
46864620 copies of those printings designated by the member in the newspaper
46874621 box of the member as soon as practicable after the electronic copies
46884622 of the printings are made available for viewing.
46894623 (e) The provisions of Subsection (d) of this section
46904624 authorizing delivery of a printing by electronic means also apply
46914625 to any fiscal note, impact statement, analysis, or other item
46924626 required by these rules to be delivered or made available to each
46934627 member as an attachment to or in connection with the applicable
46944628 printing.
46954629 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
46964630 after the first printing except when ordered printed by a majority
46974631 vote of the house.
46984632 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
46994633 shall be printed only if the resolution:
47004634 (1) grants permission to sue the state;
47014635 (2) memorializes Congress to take or to refrain from
47024636 taking certain action;
47034637 (3) sets legislative policy or declares legislative
47044638 intent;
47054639 (4) makes corrective changes in any bill, joint
47064640 resolution, or conference committee report;
47074641 (5) establishes or interprets policy for a state
47084642 agency, department, or political subdivision;
47094643 (6) establishes, modifies, or changes internal
47104644 procedures or administration of the legislature or any component
47114645 part thereof;
47124646 (7) proposes an amendment to the Joint Rules of the
47134647 Senate and the House of Representatives; or
47144648 (8) is ordered printed by a majority vote of the house.
47154649 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
47164650 printed only if the resolution:
47174651 (1) proposes an amendment to the rules of the house;
47184652 (2) establishes, modifies, or changes the internal
47194653 procedures and administration of the house;
47204654 (3) establishes legislative policy or interprets
47214655 legislative intent; or
47224656 (4) is ordered printed by a majority of the house.
47234657 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
47244658 REQUIREMENTS. Except for matter to be printed in the journal, all
47254659 requirements contained in the rules with respect to the printing of
47264660 bills, resolutions, reports, and other matters shall be considered
47274661 complied with if the material is adequately and properly reproduced
47284662 by any acceptable means of reproduction.
47294663 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
47304664 CHAPTER A. MESSAGES
47314665 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
47324666 communications from the governor shall be received when announced,
47334667 and shall be read on the calendar day received.
47344668 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
47354669 the senate shall be received when announced. Senate bills
47364670 announced as passed shall be read for the first time and referred to
47374671 the appropriate committee as soon as practicable.
47384672 (b) Messages from the senate announcing amendments to house
47394673 bills and resolutions, nonconcurrence in house amendments to senate
47404674 bills and resolutions, requests for conference committees, reports
47414675 of conference committees, and all other matters of disagreement,
47424676 amendments, and requests between the two houses, shall go to the
47434677 speaker's desk in their regular order, but may be called up for
47444678 action by the house at any time as a privileged matter, yielding
47454679 only to a motion to adjourn.
47464680 CHAPTER B. SENATE AMENDMENTS
47474681 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
47484682 resolution, or other matter is returned to the house with senate
47494683 amendments, the house may:
47504684 (1) agree to the amendments; or
47514685 (2) disagree to all of the amendments and ask for a
47524686 conference committee; or
47534687 (3) agree to one or more of the amendments and disagree
47544688 as to the remainder and request a conference committee to consider
47554689 those in disagreement; or
47564690 (4) agree to one or more and disagree as to the
47574691 remainder; or
47584692 (5) disagree to all amendments.
47594693 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
47604694 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
47614695 amendments thereto must be adopted by a vote of two-thirds of the
47624696 elected membership of the house.
47634697 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
47644698 to house bills and resolutions must be printed and copies provided
47654699 to the members at least 24 hours before any action can be taken
47664700 thereon by the house during a regular or special session.
47674701 (b) When a house bill or joint resolution, other than the
47684702 general appropriations bill, with senate amendments is returned to
47694703 the house, the chief clerk shall request the Legislative Budget
47704704 Board to prepare a fiscal note outlining the fiscal implications
47714705 and probable cost of the measure as impacted by the senate
47724706 amendments. A copy of the fiscal note shall be distributed with the
47734707 senate amendments on their printing before any action can be taken
47744708 on the senate amendments by the house.
47754709 (c) When a house bill or joint resolution, other than the
47764710 general appropriations bill, with senate amendments is returned to
47774711 the house, the chief clerk shall request the Texas Legislative
47784712 Council to prepare an analysis that describes the substantive
47794713 changes made to the house version of the bill by the senate
47804714 amendments. A copy of the council's analysis of senate amendments
47814715 shall be provided to the members electronically or as a printed copy
47824716 at least 12 hours before action is taken on the senate amendments by
47834717 the house. The Texas Legislative Council shall make all reasonable
47844718 efforts to timely provide the analysis in as accurate a form as time
47854719 allows. However, an unavoidable inability to provide the analysis
47864720 or an inadvertent error in the analysis is not a sustainable
47874721 question of order.
47884722 (d) When a house bill or joint resolution for which a tax
47894723 equity note was required under Rule 4, Section 34(b)(5), is
47904724 returned to the house with senate amendments, the chief clerk shall
47914725 request the Legislative Budget Board to prepare a tax equity note
47924726 estimating the general effects of the senate amendments on the
47934727 distribution of tax and fee burdens among individuals and
47944728 businesses. A copy of the updated tax equity note shall be made
47954729 available to each member, in some format, before any vote on the
47964730 floor can be taken on the senate amendments by the house.
47974731 Sec. 5A. RETURN OF NONGERMANE SENATE AMENDMENTS BY SPEAKER.
47984732 When a house bill or joint resolution, other than the general
47994733 appropriations bill, with senate amendments is returned to the
48004734 house, the speaker, with the permission of the primary author of the
48014735 bill or resolution, may return the bill or resolution to the senate
48024736 if the speaker determines that the senate amendments are not
48034737 germane to the house version of the bill or resolution. The speaker
48044738 may act under this section without regard to whether the bill or
48054739 resolution is eligible for consideration by the house. If the
48064740 speaker returns a bill or resolution to the senate under this
48074741 section, the speaker shall attach to the bill or resolution a
48084742 statement of the speaker's action that includes an explanation of
48094743 the speaker's determination, and shall enter the statement in the
48104744 journal as soon as practicable.
48114745 CHAPTER C. CONFERENCE COMMITTEES
48124746 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
48134747 between the senate and the house by committee, the number of
48144748 committee members from each house shall be five. All votes on
48154749 matters of difference shall be taken by each committee separately.
48164750 A majority of each committee shall be required to determine the
48174751 matter in dispute. Reports by conference committees must be signed
48184752 by a majority of each committee of the conference.
48194753 (b) A copy of the report signed by a majority of each
48204754 committee of the conference must be furnished to each member of the
48214755 committee in person or if unable to deliver in person by placing a
48224756 copy in the member's newspaper mailbox at least one hour before the
48234757 report is furnished to each member of the house under Section 10(a)
48244758 of this rule. The paper copies of the report submitted to the chief
48254759 clerk under Section 10(b) of this rule must contain a certificate
48264760 that the requirement of this subsection has been satisfied, and
48274761 that certificate must be attached to the copy of the report
48284762 furnished to each member under Section 10(d) of this rule. Failure
48294763 to comply with this subsection is not a sustainable point of order
48304764 under this rule.
48314765 Sec. 7. MEETINGS. (a) House conferees when meeting with
48324766 senate conferees to adjust differences shall meet in public and
48334767 shall give a reasonable amount of notice of the meeting in the place
48344768 designated for giving notice of meetings of house standing
48354769 committees. Any such meeting shall be open to the news media. Any
48364770 conference committee report adopted in private shall not be
48374771 considered by the house.
48384772 (b) At a meeting of the conferees to adjust differences on
48394773 the general appropriations bill, the chair of the house conferees
48404774 may request the assistance of any house member who serves on the
48414775 appropriations committee.
48424776 Sec. 8. INSTRUCTIONS. Instructions to a conference
48434777 committee shall be made after the conference is ordered and before
48444778 the conferees are appointed by the speaker, and not thereafter.
48454779 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
48464780 committees shall limit their discussions and their actions solely
48474781 to the matters in disagreement between the two houses. A conference
48484782 committee shall have no authority with respect to any bill or
48494783 resolution:
48504784 (1) to change, alter, or amend text which is not in
48514785 disagreement;
48524786 (2) to omit text which is not in disagreement;
48534787 (3) to add text on any matter which is not in
48544788 disagreement;
48554789 (4) to add text on any matter which is not included in
48564790 either the house or senate version of the bill or resolution.
48574791 This rule shall be strictly construed by the presiding
48584792 officer in each house to achieve these purposes.
48594793 (b) Conference committees on appropriations bills, like
48604794 other conference committees, shall limit their discussions and
48614795 their actions solely to the matters in disagreement between the two
48624796 houses. In addition to the limitations contained elsewhere in the
48634797 rules, a conference committee on appropriations bills shall be
48644798 strictly limited in its authority as follows:
48654799 (1) If an item of appropriation appears in both house
48664800 and senate versions of the bill, the item must be included in the
48674801 conference committee report.
48684802 (2) If an item of appropriation appears in both house
48694803 and senate versions of the bill, and in identical amounts, no change
48704804 can be made in the item or the amount.
48714805 (3) If an item of appropriation appears in both house
48724806 and senate versions of the bill but in different amounts, no change
48734807 can be made in the item, but the amount shall be at the discretion of
48744808 the conference committee, provided that the amount shall not exceed
48754809 the larger version and shall not be less than the smaller version.
48764810 (4) If an item of appropriation appears in one version
48774811 of the bill and not in the other, the item can be included or omitted
48784812 at the discretion of the conference committee. If the item is
48794813 included, the amount shall not exceed the sum specified in the
48804814 version containing the item.
48814815 (5) If an item of appropriation appears in neither the
48824816 house nor the senate version of the bill, the item must not be
48834817 included in the conference committee report. However, the
48844818 conference committee report may include appropriations for
48854819 purposes or programs authorized by bills that have been passed and
48864820 sent to the governor and may include contingent appropriations for
48874821 purposes or programs authorized by bills that have been passed by at
48884822 least one house.
48894823 This rule shall be strictly construed by the presiding
48904824 officer in each house to achieve these purposes.
48914825 (c) Conference committees on tax bills, like other
48924826 conference committees, shall limit their discussions and their
48934827 actions solely to the matters in disagreement between the two
48944828 houses. In addition to the limitations contained elsewhere in the
48954829 rules, a conference committee on a tax bill shall be strictly
48964830 limited in its authority as follows:
48974831 (1) If a tax item appears in both house and senate
48984832 versions of the bill, the item must be included in the conference
48994833 committee report.
49004834 (2) If a tax item appears in both house and senate
49014835 versions of the bill, and in identical form and with identical
49024836 rates, no change can be made in the item or the rate provided.
49034837 (3) If a tax item appears in both house and senate
49044838 versions of the bill but at differing rates, no change can be made
49054839 in the item, but the rate shall be at the discretion of the
49064840 conference committee, provided that the rate shall not exceed the
49074841 higher version and shall not be less than the lower version.
49084842 (4) If a tax item appears in one version of the bill
49094843 and not in the other, the item can be included or omitted at the
49104844 discretion of the conference committee. If the item is included,
49114845 the rate shall not exceed the rate specified in the version
49124846 containing the item.
49134847 (5) If a tax item appears in neither the house nor the
49144848 senate version of the bill, the item must not be included in the
49154849 conference committee report.
49164850 This rule shall be strictly construed by the presiding
49174851 officer in each house to achieve these purposes.
49184852 (d) Conference committees on reapportionment bills, to the
49194853 extent possible, shall limit their discussions and their actions to
49204854 the matters in disagreement between the two houses. Since the
49214855 adjustment of one district in a reapportionment bill will
49224856 inevitably affect other districts, the strict rule of construction
49234857 imposed on other conference committees must be relaxed somewhat
49244858 when reapportionment bills are involved. Accordingly, the
49254859 following authority and limitations shall apply only to conference
49264860 committees on reapportionment bills:
49274861 (1) If the matters in disagreement affect only certain
49284862 districts, and other districts are identical in both house and
49294863 senate versions of the bill, the conference committee shall make
49304864 adjustments only in those districts whose rearrangement is
49314865 essential to the effective resolving of the matters in
49324866 disagreement. All other districts shall remain unchanged.
49334867 (2) If the matters in disagreement permeate the entire
49344868 bill and affect most, if not all, of the districts, the conference
49354869 committee shall have wide discretion in rearranging the districts
49364870 to the extent necessary to resolve all differences between the two
49374871 houses.
49384872 (3) Insofar as the actual structure of the districts
49394873 is concerned, and only to that extent, the provisions of Subsection
49404874 (a) of this section shall not apply to conference committees on
49414875 reapportionment bills.
49424876 (e) Conference committees on recodification bills, like
49434877 other conference committees, shall limit their discussions and
49444878 their actions solely to the matters in disagreement between the two
49454879 houses. The comprehensive and complicated nature of recodification
49464880 bills makes necessary the relaxing of the strict rule of
49474881 construction imposed on other conference committees only to the
49484882 following extent:
49494883 (1) If it develops in conference committee that
49504884 material has been inadvertently included in both house and senate
49514885 versions which properly has no place in the recodification, that
49524886 material may be omitted from the conference committee report, if by
49534887 that omission the existing statute is not repealed, altered, or
49544888 amended.
49554889 (2) If it develops in conference committee that
49564890 material has been inadvertently omitted from both the house and
49574891 senate versions which properly should be included if the
49584892 recodification is to achieve its purpose of being all-inclusive of
49594893 the statutes being recodified, that material may be added to the
49604894 conference committee report, if by the addition the existing
49614895 statute is merely restated without substantive change in existing
49624896 law.
49634897 (f) Limitations imposed on certain conference committees by
49644898 the provisions of this section may be suspended in part by
49654899 permission of the house to allow consideration of and action on a
49664900 specific matter or matters which otherwise would be prohibited.
49674901 Permission shall be granted only by resolution passed by majority
49684902 vote of the house. All such resolutions shall be privileged in
49694903 nature and need not be referred to a committee. The introduction of
49704904 such a resolution shall be announced from the house floor and the
49714905 resolution shall be eligible for consideration by the house:
49724906 (1) three hours after a copy of the resolution has been
49734907 distributed to each member; or
49744908 (2) for a resolution suspending limitations on a
49754909 conference committee considering the general appropriations bill,
49764910 48 hours in a regular session and 24 hours in a special session
49774911 after a copy of the resolution has been distributed to each member.
49784912 (g) The time at which the copies of such a resolution are
49794913 distributed to the members shall be time-stamped on the originals
49804914 of the resolution. The resolution shall specify in detail:
49814915 (1) the exact language of the matter or matters
49824916 proposed to be considered;
49834917 (2) the specific limitation or limitations to be
49844918 suspended;
49854919 (3) the specific action contemplated by the conference
49864920 committee;
49874921 (4) except for a resolution suspending the limitations
49884922 on the conferees for the general appropriations bill, the reasons
49894923 that suspension of the limitations is being requested; and
49904924 (5) a fiscal note distributed with the resolution
49914925 outlining the fiscal implications and probable cost of the items to
49924926 be included in the conference committee report that would otherwise
49934927 be prohibited but for the passage of the resolution.
49944928 (h) In the application of Subsection (g) of this section to
49954929 appropriations bills, the resolution:
49964930 (1) need not include changes in amounts resulting from
49974931 a proposed salary plan or changes in format that do not affect the
49984932 amount of an appropriation or the method of finance of an
49994933 appropriation, but shall include a general statement describing the
50004934 salary plan or format change;
50014935 (2) need not include differences in language which do
50024936 not affect the substance of the bill;
50034937 (3) if suspending a limitation imposed by Subsection
50044938 (b)(2), (3), (4), or (5) of this section, must specify the amount by
50054939 which the appropriation in the conference committee report is less
50064940 than or greater than the amount permitted for that item of
50074941 appropriation under Subsection (b) of this section; and
50084942 (4) shall be available in its entirety on the
50094943 electronic legislative information system that is accessible by the
50104944 general public.
50114945 (i) Permission granted by a resolution under Subsection (f)
50124946 of this section shall suspend the limitations only for the matter or
50134947 matters clearly specified in the resolution, and the action of the
50144948 conference committee shall be in conformity with the resolution.
50154949 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
50164950 conference committee reports must be printed and a copy furnished
50174951 to each member as provided by Rule 12, Section 1, at least 24 hours
50184952 before action can be taken on the report by the house during a
50194953 regular or special session.
50204954 (b) Three original copies of a conference committee report
50214955 shall be submitted to the chief clerk for printing. Each original
50224956 conference committee report shall contain the following:
50234957 (1) the signatures of the house conferees and senate
50244958 conferees who voted to adopt the conference committee report;
50254959 (2) the text of the bill or resolution as adopted by
50264960 the conference committee; and
50274961 (3) an analysis of the conference committee report as
50284962 required by Section 11 of this rule.
50294963 (c) Before action can be taken by the house on a conference
50304964 committee report on a bill or joint resolution, other than the
50314965 general appropriations bill, a fiscal note outlining the fiscal
50324966 implications and probable cost of the conference committee report
50334967 shall be submitted to the chief clerk, and a copy of the fiscal note
50344968 shall be distributed with the conference committee report on its
50354969 printing.
50364970 (d) Before a vote on the floor can be taken by the house on a
50374971 conference committee report on a bill or joint resolution for which
50384972 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
50394973 equity note estimating the general effects of the conference
50404974 committee report on the distribution of tax and fee burdens among
50414975 individuals and businesses shall be submitted to the chief clerk,
50424976 and a copy of the tax equity note shall be made available to each
50434977 member.
50444978 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
50454979 committees shall include an analysis showing wherein the report
50464980 differs from the house and senate versions of the bill, resolution,
50474981 or other matter in disagreement. The analysis of appropriations
50484982 bills shall show in dollar amounts the differences between the
50494983 conference committee report and the house and senate versions. No
50504984 conference committee report shall be considered by the house unless
50514985 such an analysis has been prepared and distributed to each member.
50524986 (b) The analysis shall to the extent practical indicate any
50534987 instance wherein the conference committee in its report appears to
50544988 have exceeded the limitations imposed on its jurisdiction by
50554989 Section 9 of this rule. An analysis and the conference committee
50564990 report in which the analysis is included are not subject to a point
50574991 of order due to a failure to comply with this subsection or due to a
50584992 mistake made in complying with this subsection.
50594993 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
50604994 report is not subject to amendment, but must be accepted or rejected
50614995 in its entirety. While a conference committee report is pending, a
50624996 motion to deal with individual amendments in disagreement is not in
50634997 order.
50644998 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
50654999 committee report is not acceptable to the house for any reason, it
50665000 may be recommitted to the same committee with the request for
50675001 further consideration, and the house may or may not give any
50685002 specific instructions on the report to the conference committee; or
50695003 the house may request the appointment by the senate of a new
50705004 conference committee and then proceed to empower the speaker to
50715005 name new conferees for the house.
50725006 RULE 14. GENERAL PROVISIONS
50735007 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
50745008 inexplicit on any question of order or parliamentary practice, the
50755009 Rules of the House of Representatives of the United States
50765010 Congress, and its practice as reflected in published precedents,
50775011 and Mason's Manual of Legislative Procedure shall be considered as
50785012 authority.
50795013 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
50805014 rules of the house shall be proposed by house resolutions which
50815015 shall be referred at once, without debate, to the Committee on Rules
50825016 and Resolutions for study and recommendation.
50835017 (b) A resolution proposing an amendment to the rules shall
50845018 not be considered by the house until a printed copy of the
50855019 resolution has been provided to each member of the house at least 48
50865020 hours before consideration.
50875021 (c) Amendments to the rules shall require a majority vote of
50885022 the house for adoption.
50895023 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
50905024 the rules shall be in order at any time, except when motions to
50915025 adjourn or recess are pending, even when the house is operating
50925026 under the previous question. A motion to "suspend all rules" shall
50935027 be sufficient to suspend every rule under which the house is
50945028 operating for a particular purpose except the provisions of the
50955029 constitution and the joint rules of the two houses. If the rules
50965030 have been suspended on a main motion for a given purpose, no other
50975031 motion to suspend the rules on a main motion shall be in order until
50985032 the original purpose has been accomplished.
50995033 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
51005034 shall not be in order to move to suspend the rules or the regular
51015035 order of business to take up a measure out of its regular order, and
51025036 the speaker shall not recognize anyone for either purpose, unless
51035037 the speaker has announced to the house in session that the speaker
51045038 would recognize a member for that purpose at least one hour before
51055039 the member is so recognized to make the motion. In making the
51065040 announcement to the house, the speaker shall advise the house of the
51075041 member's name and the bill number, and this information, together
51085042 with the time that the announcement was made, shall be entered in
51095043 the journal. This rule may be suspended only by unanimous consent.
51105044 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
51115045 of the house may be suspended by an affirmative vote of two-thirds
51125046 of the members present. However, if a rule contains a specific
51135047 provision showing the vote by which that rule may be suspended, that
51145048 vote shall be required for the suspension of the rule. The specific
51155049 provision may not be suspended under the provisions of this
51165050 section.
51175051 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
51185052 measure taken up under suspension and not disposed of on the same
51195053 day shall go over as pending or unfinished business to the next day
51205054 that the house is in session, and shall be considered thereafter
51215055 from day to day (except the days used for the consideration of
51225056 senate bills) until disposed of.
51235057 Sec. 7. COMMITTEE GIFTS. A member of the house may not
51245058 offer, confer, or agree to confer to a committee member one or more
51255059 gifts with a total value of more than $75 per year.
51265060 Sec. 8. EXPLANATION OF THE FINAL RULING OF A POINT OF ORDER.
51275061 The speaker shall instruct the parliamentarian to provide to each
51285062 member a written explanation of the final ruling on a point of
51295063 order, including providing the citation of any house or
51305064 congressional precedents used in determining the ruling. The
5131- explanation shall be provided to each member through the electronic
5132- legislative information system not later than 24 hours after the
5133- final ruling was announced before the house.
5134- Smithee
5135- ______________________________
5136- Speaker of the House
5137- I certify that H.R. No. 4 was adopted by the House on January
5138- 15, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
5139- voting.
5140- ______________________________
5141- Chief Clerk of the House
5065+ explanation shall be provided to each member not later than 24 hours
5066+ after the final ruling was announced before the house.