Texas 2015 - 84th Regular

Texas Senate Bill SR39 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Eltife S.R. No. 39
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, That
6	6	the Rules of the Senate of the 83rd Legislature are adopted as the
7	7	Permanent Rules of the Senate of the 84th Legislature with the
8	8	following modifications:
9	9	SECTION 1. (a) Amend Rule 2.02 as follows:
10	10	RESTRICTIONS ON ADMISSION
11	11	Rule 2.02. (a) While the Senate is in session, only the
12	12	following persons shall be admitted to the floor of the Senate
13	13	inside the brass rail:
14	14	(1) the Lieutenant Governor and the Lieutenant
15	15	Governor's family;
16	16	(2) members of the Senate and their families;
17	17	(3) the Secretary of the Senate and the Secretary's
18	18	family;
19	19	(4) Sergeants-at-Arms of the Senate and officers of
20	20	the Senate;
21	21	(5) members of the House of Representatives; and
22	22	(6) the Governor and the Governor's family.
23	23	(b) While the Senate is in session, the following persons
24	24	shall be admitted to the floor of the Senate but are required to
25	25	remain behind the brass rail:
26	26	(1) employees of the Senate and the House of
27	27	Representatives when on official business;
28	28	(2) the Governor's executive staff;
29	29	(3) the President and Vice President of the United
30	30	States;
31	31	(4) United States Senators and members of Congress;
32	32	(5) Governors of other states;
33	33	(6) Justices of the Supreme Court and Judges of the
34	34	Court of Criminal Appeals;
35	35	(7) the Secretary of State; and
36	36	(8) duly accredited newspaper reporters and
37	37	correspondents, radio commentators, and television camera
38	38	operators and commentators who have complied with Rule 2.04.
39	39	[Persons hereinafter named and no others shall be admitted to the
40	40	floor of the Senate while the Senate is in session provided that
41	41	persons other than members of the Lieutenant Governor's family, a
42	42	Senator's family, members of the House of Representatives of the
43	43	State of Texas, and Sergeants-at-Arms of the Senate shall be
44	44	required to remain behind the brass rail: Members of the Senate
45	45	and their families, the Secretary of the Senate and family,
46	46	employees of the Senate and House of Representatives when on
47	47	official business, Representatives, the Governor, the Governor's
48	48	family and executive staff, the Lieutenant Governor and family,
49	49	the President and Vice-President of the United States, United
50	50	States Senators and members of Congress, Governors of other
51	51	states, Justices of the Supreme Court, Judges of the Court of
52	52	Criminal Appeals, the Secretary of State, and duly accredited
53	53	newspaper reporters and correspondents and radio commentators
54	54	and television camera operators and commentators who have
55	55	complied with Rule 2.04.]
56	56	(c) It is [shall be] the special duty of the President to
57	57	see that officers and employees remain on [upon] the floor of the
58	58	Senate only when actually engaged in the performance of their
59	59	official duties.
60	60	(d) Only [Such persons other than] the Lieutenant
61	61	Governor and members of the Senate may [shall not be permitted
62	62	to] work for or against any proposition before the Senate while
63	63	on the floor.
64	64	(b) Amend Rule 2.06 to read as follows:
65	65	EXCEPTIONS
66	66	Rule 2.06. (a) Upon request by any member, the President
67	67	may permit special guests on the floor of the Senate for the
68	68	purpose of a recognition or resolution. No member may be granted
69	69	an exception under this subsection more than three times per
70	70	session.
71	71	(b) This article shall not apply to any person who is
72	72	invited to address the Senate when in session or to any person who
73	73	desires to appear before any committee while going to or
74	74	returning from the session of said committee or to the Governor
75	75	while delivering an official message. This article shall not
76	76	apply during the inauguration of the Governor and other public
77	77	ceremonies provided for by resolution of the Senate.
78	78	(c) Amend Rule 8.03 to read as follows:
79	79	CONGRATULATORY, MEMORIAL, AND COURTESY
80	80	RESOLUTIONS
81	81	Rule 8.03. (a) Congratulatory and memorial petitions
82	82	and resolutions, after a brief explanation by the author or
83	83	sponsor, shall be considered immediately without debate unless
84	84	otherwise ordered by a majority of the members present.
85	85	(b) Upon request by any member, the presiding officer may
86	86	[shall], at an appropriate time during the proceedings,
87	87	recognize guests of such member in the [Senate Chamber or]
88	88	gallery.
89	89	(c) Any member may request and the Secretary of the
90	90	Senate shall provide a maximum of five copies of a courtesy
91	91	recognition certificate for each person or group so recognized by
92	92	the presiding officer.
93	93	(d) The number of times a member may be recognized for a
94	94	resolution under Subsection (a) of this rule is limited to 10 per
95	95	session. This limit includes an exception granted under Rule
96	96	2.06(a) that involves only a recognition of special guests on the
97	97	Senate floor.
98	98	SECTION 2. Amend Article VII by adding the following
99	99	rule:
100	100	LIMITATION ON BILLS RAISING REVENUE
101	101	Rule 7.26. All bills for raising revenue shall originate
102	102	in the House of Representatives. (Constitution, Article III,
103	103	Section 33)
104	104	SECTION 3. Amend Rule 9.06 to read as follows:
105	105	BILLS AND RESOLUTIONS PROHIBITED FROM
106	106	PLACEMENT ON THE LOCAL AND UNCONTESTED
107	107	CALENDAR
108	108	Rule 9.06. The Administration Committee may not place a
109	109	bill or resolution on the Local and Uncontested Calendar if it:
110	110	(1) creates a new department or subdivision of a
111	111	department unless the bill or resolution is purely local in
112	112	nature and does not require the expenditure of state funds; [or]
113	113	(2) contains an appropriation; [or]
114	114	(3) is contested; or
115	115	(4) is a joint resolution proposing an amendment to
116	116	the Texas Constitution.
117	117	SECTION 4. (a) Rule 11.02 is amended to read as follows:
118	118	LIST OF STANDING COMMITTEES AND SUBCOMMITTEES
119	119	Rule 11.02. (a) At the beginning of each regular
120	120	session, the President shall appoint the following standing
121	121	committees with the number of members indicated:
122	122	STANDING COMMITTEES
123	123	(1) Committee on Administration (7 members)
124	124	(2) Committee on Agriculture, Water, and Rural
125	125	Affairs [and Homeland Security] (7 [5] members)
126	126	(3) Committee on Business and Commerce (9 members)
127	127	(4) Committee on Criminal Justice (7 members)
128	128	(5) [Committee on Economic Development (7 members)
129	129	[(6)] Committee on Education (11 [9] members)
130	130	(6) [(7)] Committee on Finance (15 members)
131	131	(7) [(8) Committee on Government Organization (7
132	132	members)
133	133	[(9)] Committee on Health and Human Services (9
134	134	members)
135	135	(8) [(10)] Committee on Higher Education (7
136	136	members)
137	137	(9) [(11)] Committee on Intergovernmental
138	138	Relations (7 [5] members)
139	139	(10) [(12) Committee on Jurisprudence (7 members)
140	140	[(13)] Committee on Natural Resources and Economic
141	141	Development (11 members)
142	142	(11) [(14)] Committee on Nominations (7 members)
143	143	(12) [(15) Committee on Open Government (5 members)
144	144	[(16)] Committee on State Affairs (9 members)
145	145	(13) [(17)] Committee on Transportation (9 members)
146	146	(14) [(18)] Committee on Veteran Affairs and
147	147	Military Installations (7 [5] members)
148	148	(b) From the members of the Committee on Veteran Affairs
149	149	and Military Installations, the President shall appoint a
150	150	Subcommittee on Border Security consisting of 3 members.
151	151	(b) Amend Rules 11.11(a) and (c) to read as follows:
152	152	(a) The chair of each committee and subcommittee shall
153	153	keep or cause to be kept under the chair's direction an accurate
154	154	record of the proceedings of his or her committee, and the same
155	155	shall be open for inspection to any member of the Legislature and
156	156	to the public. Each committee meeting shall be recorded in audio
157	157	format and in audiovisual format when available [on magnetic
158	158	tape].
159	159	(c) It shall be the duty of the committee clerk, with the
160	160	assistance of other committee staff members, to keep a permanent,
161	161	accurate written record of committee proceedings and to
162	162	transcribe the [magnetic tape] recordings of committee hearings
163	163	as ordered by the committee or subcommittee. It shall be the
164	164	responsibility of the committee clerk to see that one copy of the
165	165	transcript of proceedings and one copy of the permanent record be
166	166	kept in the committee files, one copy of each be given to the
167	167	Secretary of the Senate, and three copies of each be placed in the
168	168	Legislative Reference Library. Such records shall be a matter of
169	169	public record.
170	170	SECTION 5. (a) Amend Rule 4.07 to read as follows:
171	171	REFUSAL OF MEMBER CALLED TO ORDER TO BE SEATED
172	172	Rule 4.07. Whenever a member is called to order by the
173	173	President of the Senate or by the presiding officer then in the
174	174	chair in accordance with Rule 4.06 and such member fails to sit
175	175	down and be in order but continues disorderly, it shall be the
176	176	duty of the Sergeant-at-Arms and/or the Sergeant's assistants
177	177	upon the direction of the presiding officer to require such
178	178	recalcitrant member to take his or her seat and be in order. Any
179	179	member who persists in disorderly conduct after being warned by
180	180	the presiding officer may, by motion duly made and carried by
181	181	three-fifths [two-thirds] vote of the members present, be
182	182	required to purge himself or herself of such misconduct. Until
183	183	such member has purged himself or herself of such misconduct, the
184	184	member shall not be entitled to the privileges of the floor.
185	185	(b) Amend Rules 5.11(a) and (b) to read as follows:
186	186	(a) Any bill, resolution, or other measure may on any day
187	187	be made a special order for a future time of the session by an
188	188	affirmative vote of three-fifths [two-thirds] of the members
189	189	present.
190	190	(b) A special order shall be considered at the time for
191	191	which it is set and considered from day to day until disposed of,
192	192	unless at the time so fixed there is pending business under a
193	193	special order, but such pending business may be suspended by a
194	194	three-fifths [two-thirds] vote of all the members present. If a
195	195	special order is not reached or considered at the time fixed, it
196	196	shall not lose its place as a special order. All special orders
197	197	shall be subject to any Joint Rules and Rule 5.10.
198	198	(c) Amend Rule 5.13 to read as follows:
199	199	SUSPENSION OF THE REGULAR ORDER OF BUSINESS
200	200	Rule 5.13. No bill, joint resolution, or resolution
201	201	affecting state policy may be considered out of its regular
202	202	calendar order unless the regular order is suspended by a vote of
203	203	three-fifths [two-thirds] of the members present.
204	204	(d) Amend Rule 6.08 to read as follows:
205	205	MOTIONS TO REFER OR COMMIT
206	206	Rule 6.08. Any bill, petition, or resolution may be
207	207	referred from one committee or subcommittee to another committee
208	208	or subcommittee if the motion is approved by the chairs of both
209	209	committees involved and by a three-fifths [two-thirds] vote of
210	210	the members present and voting. Any bill, petition, or
211	211	resolution may be committed to any committee or subcommittee at
212	212	any stage of the proceedings on such bill, petition, or
213	213	resolution by a majority vote of the elected members of the
214	214	Senate. A bill or joint resolution committed to a committee or
215	215	subcommittee while on third reading shall be considered as on its
216	216	second reading if reported favorably back to the Senate.
217	217	When several motions shall be made for reference of a
218	218	subject to a committee, they shall have preference in the
219	219	following order:
220	220	First: To a Committee of the Whole Senate
221	221	Second: To a standing committee
222	222	Third: To a standing subcommittee
223	223	Fourth: To a special committee.
224	224	(e) Amend Rule 6.15(a) to read as follows:
225	225	(a)(1) A vote on final passage of a bill, a resolution
226	226	proposing or ratifying a constitutional amendment, or a
227	227	resolution other than a resolution of a purely ceremonial or
228	228	honorary nature, shall be by record vote, with the vote of each
229	229	member entered in the journal.
230	230	(2) A vote on all motions to suspend or comply with a
231	231	constitutional procedure [the constitutional three-day rule],
232	232	all questions requiring a vote of two-thirds of the members
233	233	elected, all motions on whether to concur in House amendments to
234	234	Senate bills, and all motions on whether to adopt a conference
235	235	committee report shall be by record vote, with the vote of each
236	236	member entered in the journal.
237	237	(3) Upon all other questions [requiring a vote of
238	238	two-thirds of the members present, including a motion to suspend
239	239	the rules], the presiding officer shall determine if there is
240	240	objection and, if so, call for the yeas and nays, but they shall
241	241	not be entered into the journal unless required under Subsection
242	242	(b) of this rule. If no objection is made, the journal entry
243	243	shall reflect a unanimous consent vote of the members present
244	244	without necessity of a roll call of yeas and nays.
245	245	(f) Amend Rule 8.02 to read as follows:
246	246	REFERRAL TO COMMITTEE
247	247	Rule 8.02. Petitions, concurrent and joint resolutions,
248	248	and resolutions setting or defining legislative or state policy
249	249	or amending the Senate Rules shall be referred to an appropriate
250	250	standing committee when introduced and shall not be considered
251	251	immediately unless the Senate so directs by a three-fifths
252	252	[two-thirds] vote of the members present. The motion to consider
253	253	such petition or resolution immediately is not debatable.
254	254	(g) Rule 11.17(c) is amended to read as follows:
255	255	(c) The sponsor of a bill or resolution for which a
256	256	minority report is filed or a member signing the minority report
257	257	must move to have the bill or resolution placed on the calendar
258	258	within 10 calendar days after the date on which the committee's
259	259	vote was taken. An affirmative vote of three-fifths [two-thirds]
260	260	of the members present is required for the motion to carry. If
261	261	the motion fails or is not made within the time allowed, the bill
262	262	or resolution is dead and may not be considered again during the
263	263	session.
264	264	(h) Amend Rule 12.10 to read as follows:
265	265	SECTION-BY-SECTION ANALYSIS
266	266	Rule 12.10. Each conference committee report, regardless
267	267	of its subject matter, must have attached thereto a
268	268	section-by-section analysis showing the disagreements which have
269	269	been resolved by the conference committee. This analysis must
270	270	show for each and every disagreement in parallel columns: (1)
271	271	the substance of the House version; (2) the substance of the
272	272	Senate version; and (3) the substance of the recommendation by
273	273	the conference committee. No action shall be taken on any
274	274	conference committee report in the absence of such analysis,
275	275	except by an affirmative vote of three-fifths [two-thirds] of the
276	276	members present, with the yeas and nays thereon to be recorded in
277	277	the journal.
278	278	(i) Amend Rule 16.01 to read as follows:
279	279	DEFINITIONS
280	280	Rule 16.01. The terms "unanimous consent," "four-fifths
281	281	of the members of the Senate," "four-fifths of the members
282	282	present," "two-thirds of the members of the Senate," "two-thirds
283	283	of the members present," "three-fifths of the members present,"
284	284	"a majority of the members of the Senate," and "a majority of the
285	285	members present" are defined as follows:
286	286	(1) "Unanimous consent" means the consent of all of
287	287	the members of the Senate who are present and voting on the issue
288	288	at the time the vote is recorded.
289	289	(2) "Four-fifths of the members of the Senate" means
290	290	four-fifths of the 31 elected members of the Senate.
291	291	(3) "Four-fifths of the members present" means
292	292	four-fifths of the members of the Senate who are present and
293	293	voting on the issue at the time the vote is recorded.
294	294	(4) "Two-thirds of the members of the Senate" means
295	295	two-thirds of the 31 elected members of the Senate.
296	296	(5) "Two-thirds of the members present" means
297	297	two-thirds of the members of the Senate who are present and
298	298	voting on the issue at the time the vote is recorded.
299	299	(6) "Three-fifths of the members present" means
300	300	three-fifths of the members of the Senate who are present and
301	301	voting on the issue at the time the vote is recorded.
302	302	(7) [(6)] "A majority of the members of the Senate"
303	303	means a majority of the 31 elected members of the Senate.
304	304	(8) [(7)] "A majority of the members present" means
305	305	a majority of the members of the Senate who are present and voting
306	306	on the issue at the time the vote is recorded.
307	307	(j) Amend Rule 16.06 to read as follows:
308	308	MATTERS REQUIRING VOTE OF
309	309	TWO-THIRDS OF MEMBERS PRESENT
310	310	Rule 16.06. A vote of two-thirds of the members present
311	311	shall be required to:
312	312	(1) impeach any officer; (Constitution, Article XV,
313	313	Section 3)
314	314	(2) pass a Senate bill that has been returned by the
315	315	Governor with objections; Rule 6.20 (Constitution, Article IV,
316	316	Section 14) See note to Rule 6.20.
317	317	(3) confirm an appointee of the Governor, unless
318	318	otherwise directed by law; (Constitution, Article IV, Section
319	319	12)
320	320	(4) adopt an amendment at third reading of a bill or
321	321	a joint resolution. [;] Rules 7.19 and 10.02.
322	322	[(5) suspend the floor privileges of a member of the
323	323	Senate; Rule 4.07
324	324	[(6) suspend the regular order of business; Rule
325	325	5.13
326	326	[(7) excuse absentees; Rule 5.03
327	327	[(8) set a matter for special order; Rule 5.11
328	328	[(9) place a minority report on the calendar; Rule
329	329	11.17
330	330	[(10) rerefer a bill to another committee; Rule 6.08
331	331	[(11) suspend the section-by-section analysis on
332	332	conference committee reports; Rule 12.10
333	333	[(12) suspend or rescind any rule of the Senate
334	334	unless the rules specify a different majority; Rule 22.01
335	335	[(13) consider immediately petitions, concurrent
336	336	and joint resolutions, or resolutions setting or defining
337	337	legislative or state policy. Rule 8.02. See note to Rule 8.02.]
338	338	(k) Amend Article XVI by adding a new Rule 16.07 to read
339	339	as follows and renumbering the other rules of that article and
340	340	cross-references to those rules accordingly:
341	341	MATTERS REQUIRING VOTE OF
342	342	THREE-FIFTHS OF MEMBERS PRESENT
343	343	Rule 16.07. A vote of three-fifths of the members present
344	344	shall be required to:
345	345	(1) suspend the floor privileges of a member of the
346	346	Senate; Rule 4.07
347	347	(2) excuse absentees; Rule 5.03
348	348	(3) set a matter for special order; Rule 5.11
349	349	(4) suspend the regular order of business; Rule 5.13
350	350	(5) rerefer a bill to another committee; Rule 6.08
351	351	(6) consider immediately petitions, concurrent and
352	352	joint resolutions, or resolutions setting or defining
353	353	legislative or state policy; Rule 8.02
354	354	(7) place a minority report on the calendar; Rule
355	355	11.17
356	356	(8) suspend the section-by-section analysis on
357	357	conference committee reports; Rule 12.10
358	358	(9) suspend or rescind any rule of the Senate unless
359	359	the rules specify a different majority. Rule 22.01.
360	360	(l) Amend Rule 22.01 to read as follows:
361	361	SENATE RULES
362	362	Rule 22.01. It shall require a vote of three-fifths
363	363	[two-thirds] of the members present to suspend any rule of the
364	364	Senate, unless the rules specify a different majority. A
365	365	majority of the members of the Senate may amend the Rules of the
366	366	Senate by adoption of a Senate Resolution amending the rules,
367	367	which resolution has been referred to and reported from a
368	368	committee as otherwise required by these rules. Rules [16.06
369	369	and] 16.07 and 16.08. [See note to Rule 16.06.]
370	370	________________________________
371	371	President of the Senate
372	372	I hereby certify that the
373	373	above Resolution was adopted by
374	374	the Senate on January 21, 2015, by
375	375	the following vote: On Question
376	376	#1-Adoption of Section 5:
377	377	Yeas 20, Nays 10; On Question
378	378	#2-Adoption of Resolving Clause
379	379	along with Sections 1, 2, 3, and
380	380	4: Yeas 27, Nays 4.
381	381	________________________________
382	382	Secretary of the Senate