Texas 2017 - 85th Regular

Texas House Bill HR4 Compare Versions

OldNewDifferences
1-H.R. No. 4
1+85R6938 TJB-F
2+ By: Smithee H.R. No. 4
23
34
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 85th [84th] 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
1516 3. STANDING COMMITTEES 23
1617 4. ORGANIZATION, POWERS, AND DUTIES OF
1718 COMMITTEES 53
18- 5. FLOOR PROCEDURE 90
19- 6. ORDER OF BUSINESS AND CALENDARS 112
20- 7. MOTIONS 131
21- 8. BILLS 147
22- 9. JOINT RESOLUTIONS 163
19+ 5. FLOOR PROCEDURE 89
20+ 6. ORDER OF BUSINESS AND CALENDARS 111
21+ 7. MOTIONS 130
22+ 8. BILLS 146
23+ 9. JOINT RESOLUTIONS 162
2324 10. HOUSE RESOLUTIONS AND CONCURRENT
24- RESOLUTIONS 165
25- 11. AMENDMENTS 168
26- 12. PRINTING 176
25+ RESOLUTIONS 164
26+ 11. AMENDMENTS 167
27+ 12. PRINTING 175
2728 13. INTERACTIONS WITH THE GOVERNOR
28- AND SENATE 180
29- 14. GENERAL PROVISIONS 193
29+ AND SENATE 179
30+ 14. GENERAL PROVISIONS 192
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 committee chair in an electronic or
262263 other format determined by the chief clerk a certified copy of each
263264 legislative document referred to the committee, including all
264265 official attachments to the document;
265266 (7) have printed and distributed correct copies of all
266267 legislative documents, as provided in the subchapter on printing,
267268 and keep an exact record of the date and hour of transmittal to the
268269 printer, return from the printer, and distribution of the document
269270 to members of the house with that information time-stamped on the
270271 originals of the document;
271272 (8) certify the passage of bills and resolutions,
272273 noting on them the date of passage and the vote by which passed,
273274 including the yeas and nays if a record of the yeas and nays is
274275 ordered;
275276 (9) be responsible for engrossing all house bills and
276277 resolutions that have passed second reading and those that have
277278 passed third reading, and for enrolling all house bills and
278279 resolutions that have passed both houses.
279280 All engrossed and enrolled documents shall be prepared
280281 without erasures, interlineations, or additions in the margin.
281282 House concurrent resolutions passed without amendment
282283 shall not be engrossed but shall be certified and forwarded
283284 directly to the senate.
284285 Engrossed riders may be used in lieu of full engrossment
285286 on second reading passage;
286287 (10) be authorized to amend the caption to conform to
287288 the body of each house bill and joint resolution ordered engrossed
288289 or enrolled;
289290 (11) be responsible for noting on each house bill or
290291 joint resolution, for certification by the speaker of the house,
291292 the lieutenant governor, the chief clerk of the house, and the
292293 secretary of the senate, the following information:
293294 (A) date of final passage, and the vote on final
294295 passage, including the yeas and nays if a record of the yeas and
295296 nays is ordered. If the bill was amended in the senate, this fact
296297 shall also be noted;
297298 (B) date of concurrence by the house in senate
298299 amendments, and the vote on concurrence, including the yeas and
299300 nays if a record of the yeas and nays is ordered;
300301 (C) date of adoption by each house of a
301302 conference committee report and the vote on adoption, including the
302303 yeas and nays if a record of the yeas and nays is ordered;
303304 (D) that a bill containing an appropriation was
304305 passed subject to the provisions of Article III, Section 49a, of the
305306 Texas Constitution; and
306307 (E) that a concurrent resolution was adopted by
307308 both houses directing the correction of an enrolled bill, if
308309 applicable;
309310 (12) transmit over signature all messages from the
310311 house to the senate, including typewritten copies of amendments to
311312 senate bills;
312313 (13) prepare copies of senate amendments to house
313314 bills for the journal before the amendments and the bill or
314315 resolution to which they relate are sent to the printer or to the
315316 speaker;
316317 (14) notify the speaker in writing that the senate did
317318 not concur in house amendments to a bill or resolution and requests
318319 a conference committee, and include in this notice the names of the
319320 senate conferees;
320321 (15) provide a certified copy of a house bill or
321322 resolution which may be lost showing each parliamentary step taken
322323 on the bill; and
323324 (16) request fiscal notes on house bills and joint
324325 resolutions with senate amendments and distribute fiscal notes on
325326 house bills and joint resolutions with senate amendments and
326327 conference committee reports as required by Rule 13, Sections 5 and
327328 10.
328329 (b) The chief clerk shall also:
329330 (1) attest all writs, warrants and subpoenas issued by
330331 order of the house;
331332 (2) receive reports of select committees and forward
332333 copies to the speaker and journal clerk;
333334 (3) not later than 30 days after the close of each
334335 session, acquire from each of the various clerks of the house,
335336 except the journal clerk, all reports, records, bills, papers, and
336337 other documents remaining in their possession and file them with
337338 the Legislative Reference Library, unless otherwise provided by
338339 law;
339340 (4) receive and file all other documents required by
340341 law or by the rules of the house;
341342 (5) prepare a roster of members in order of seniority
342343 showing the number of years of service of each member, as provided
343344 in Rule 4, Section 2; and
344345 (6) have posted the list of Items Eligible for
345346 Consideration as required by the rules.
346347 (c) The chief clerk shall also provide for the following to
347348 be made available on the electronic legislative information system:
348349 (1) all house calendars and lists of items eligible
349350 for consideration and the time-stamp information for those
350351 calendars and lists; and
351352 (2) the time-stamp information for all official
352353 printings of bills and resolutions.
353354 (d) The chief clerk shall provide notice to a Capitol e-mail
354355 address designated by each member when a new house calendar or list
355356 of items eligible for consideration is posted on the electronic
356357 legislative information system. If a member informs the chief
357358 clerk that the member also desires to receive a paper copy of house
358359 calendars or lists of items eligible for consideration, the chief
359360 clerk shall place paper copies of those documents designated by the
360361 member in the newspaper box of the member as soon as practicable
361362 after the electronic copies are posted.
362363 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
363364 (1) keep a journal of the proceedings of the house,
364365 except when the house is acting as a committee of the whole, and
365366 enter the following:
366367 (A) the number, author, and caption of every bill
367368 introduced;
368369 (B) descriptions of all congratulatory and
369370 memorial resolutions on committee report, motions, amendments,
370371 questions of order and decisions on them, messages from the
371372 governor, and messages from the senate;
372373 (C) the summaries of congratulatory and memorial
373374 resolutions, as printed on the congratulatory and memorial
374375 calendar;
375376 (D) the number of each bill, joint resolution,
376377 and concurrent resolution signed in the presence of the house;
377378 (E) a listing of reports made by standing
378379 committees;
379380 (F) reports of select committees, when ordered by
380381 the house;
381382 (G) every vote where a record of the yeas and nays
382383 is ordered or registration of the house with a concise statement of
383384 the action and the result;
384385 (H) the names of all absentees, both excused and
385386 not excused;
386387 (I) senate amendments to house bills or
387388 resolutions, when concurred in by the house;
388389 (J) the date each bill is transmitted to the
389390 governor;
390391 (K) the date recommendations of the Texas
391392 Commission on Environmental Quality on each bill subject to Article
392393 XVI, Section 59, of the Texas Constitution, are filed with the chief
393394 clerk;
394395 (L) all pairs as a part of a vote where a record
395396 of the yeas and nays is ordered;
396397 (M) reasons for a vote;
397398 (N) the vote of a member on any question where a
398399 record of the yeas and nays has not been ordered;
399400 (O) the statement of a member who was absent when
400401 a vote was taken indicating how the member would have voted;
401402 (P) official state documents, reports, and other
402403 matters, when ordered by the house; and
403404 (Q) the parliamentarian's written explanation on
404405 the final ruling on a point of order, which includes the citation of
405406 any house or congressional precedents used in determining the
406407 ruling, as provided in Rule 14, Section 8;
407408 (2) prepare a daily journal for each calendar day that
408409 the house is in session and distribute on the succeeding calendar
409410 day or the earliest possible date copies to the members of the house
410411 who have submitted requests to the journal clerk to receive a copy;
411412 and
412413 (3) prepare and have printed a permanent house journal
413414 of regular and special sessions in accordance with the law and the
414415 following provisions:
415416 (A) When completed, no more than 300 copies shall
416417 be bound and distributed as follows:
417418 (i) one copy to each member of the house of
418419 representatives who submitted a request to the journal clerk to
419420 receive a copy;
420421 (ii) one copy to each member of the senate
421422 who submitted a request to the journal clerk to receive a copy; and
422423 (iii) the remainder of the copies to be
423424 distributed by the Committee on House Administration.
424425 (B) The journal clerk shall not receive or
425426 receipt for the permanent house journal until it has been correctly
426427 published.
427428 (b) The journal clerk shall lock the voting machine of each
428429 member who is excused or who is otherwise known to be absent when
429430 the house is in session until the member personally requests that
430431 the machine be unlocked.
431432 (c) The journal clerk shall determine and enter in the
432433 journal the clock of record for the house and that clock may not be
433434 delayed, set back, or otherwise tampered with to deviate from the
434435 standard time, as provided by statute, for the place where the house
435436 is meeting. The journal clerk shall enter in the journal the time
436437 according to the clock of record when the house convenes, recesses,
437438 and adjourns. A motion to suspend this rule must be decided by a
438439 record vote.
439440 Sec. 3. READING CLERKS. The reading clerks, under the
440441 supervision of the speaker, shall:
441442 (1) call the roll of the house in alphabetical order
442443 when ordered to do so by the speaker; and
443444 (2) read all bills, resolutions, motions, and other
444445 matters required by the rules or directed by the speaker.
445446 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
446447 (1) under the direction of the speaker, have charge of
447448 and maintain order in the hall of the house, its lobbies and
448449 galleries, and all other rooms in the capitol assigned for the use
449450 of the house of representatives;
450451 (2) attend the house and the committee of the whole
451452 during all meetings and maintain order under the direction of the
452453 speaker or other presiding officer;
453454 (3) execute the commands of the house and serve the
454455 writs and processes issued by the authority of the house and
455456 directed by the speaker;
456457 (4) supervise assistants to the sergeant-at-arms who
457458 shall aid in the performance of prescribed duties and have the same
458459 authority, subject to the control of the speaker;
459460 (5) clear the floor of the house of all persons not
460461 entitled to the privileges of the floor at least 30 minutes prior to
461462 the convening of each session of the house;
462463 (6) bring in absent members when so directed under a
463464 call of the house;
464465 (7) not allow the distribution of any printed matter
465466 in the hall of the house, other than newspapers that have been
466467 published at least once a week for a period of one year, unless it
467468 first has been authorized in writing by at least one member of the
468469 house and the name of the member appears on the printed matter. The
469470 sergeant-at-arms shall refuse to accept for distribution any
470471 printed matter which does not bear the name of the member or members
471472 authorizing the distribution;
472473 (8) keep a copy of written authorization and a record
473474 of the matter distributed in the permanent files of the house;
474475 (9) enforce parking regulations applicable to areas of
475476 the capitol complex under the control of the house and supervise
476477 parking attendants;
477478 (10) provide for issuance of an identification card to
478479 each member and employee of the house; and
479480 (11) supervise the doorkeeper.
480481 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
481482 of the sergeant-at-arms, shall:
482483 (1) enforce strictly the rules of the house relating
483484 to privileges of the floor and perform other duties as directed by
484485 the speaker;
485486 (2) close the main entrance and permit no member to
486487 leave the house without written permission from the speaker when a
487488 call of the house or a call of the committee of the whole is ordered,
488489 take up permission cards as members leave the hall, and take up
489490 permission cards of those who are admitted to the floor of the house
490491 under the rules and practice of the house;
491492 (3) obtain recognition from the speaker and announce a
492493 messenger from the governor or the senate on arrival at the bar of
493494 the house; and
494495 (4) obtain recognition from the speaker and announce
495496 the arrival of the governor or the senate on arrival at the bar of
496497 the house for official proceedings in the house.
497498 Sec. 6. CHAPLAIN. The chaplain shall open the first
498499 session on each calendar day with a prayer and shall perform such
499500 other duties as directed by the Committee on House Administration.
500501 Sec. 7. VOTING CLERK. The voting clerk, under the
501502 supervision of the speaker, shall:
502503 (1) open and close the voting machine on registrations
503504 and record votes as ordered by the speaker;
504505 (2) record votes from the floor as directed by the
505506 speaker;
506507 (3) prepare official copies of all record votes for
507508 the journal; and
508509 (4) make no additions, subtractions, or other changes
509510 in any registration or record vote unless specifically granted
510511 permission by the house or directed by the speaker prior to the
511512 announcement of the final result.
512513 Sec. 8. COMMITTEE COORDINATOR. (a) The committee
513514 coordinator shall:
514515 (1) under the direction of the Committee on House
515516 Administration, prepare a schedule for regular meetings of all
516517 standing committees as provided by Rule 4, Section 8(a);
517518 (2) post committee meeting notices, as directed by the
518519 chair of a committee, in accordance with Rule 4, Section 11(a);
519520 (3) maintain duplicate originals of committee minutes
520521 as required by Rule 4, Sections 18(c) and (d);
521522 (4) direct the maintenance of sworn statements either
522523 in electronic or paper format and, under the direction of the
523524 Committee on House Administration, prescribe the form of those
524525 statements, as required by Rule 4, Sections 20(a) and (c);
525526 (5) receive and forward impact statements as required
526527 by Rule 4, Section 34(e);
527528 (6) receive committee reports as required by Rule 4,
528529 Section 37, and refer them for printing as provided by Rule 6,
529530 Section 19; and
530531 (7) receive and distribute the recommendations and
531532 final reports of interim study committees as provided by Rule 4,
532533 Section 61.
533534 (b) The committee coordinator may exclude from the
534535 committee coordinator's office or refuse to interact with a member
535536 or a member's staff if the member or member's staff engages in
536537 abusive, harassing, or threatening behavior.
537538 Sec. 9. PARLIAMENTARIAN. (a) The parliamentarian is an
538539 officer of the house who serves at the pleasure of the speaker. The
539540 parliamentarian shall advise and assist the presiding officer and
540541 the members of the house on matters of procedure. The
541542 parliamentarian has a duty of confidentiality to the speaker and to
542543 each member of the house and shall keep confidential all requests
543544 made by members of the house for advice or guidance regarding
544545 procedure unless the parties otherwise agree.
545546 (b) After the initial appointment of a parliamentarian by
546547 the speaker, the appointment of a new parliamentarian to fill a
547548 vacancy must be approved by a majority of the membership of the
548549 house if the appointment is made during a regular or special
549550 session. If the appointment to fill the vacancy is made when the
550551 house is not in session, the appointment must be approved by a
551552 majority of the membership not later than the third day of the first
552553 special session that occurs after the date the appointment is made.
553554 If no special session occurs after the appointment, approval by the
554555 membership is not required.
555556 (c) In the event of a conflict between this section and the
556557 housekeeping resolution, this section controls.
557558 CHAPTER B. OTHER EMPLOYEES
558559 Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
559560 (a) Communications between an attorney employed by the Texas
560561 Legislative Council and the speaker, another member of the house,
561562 or an employee of a member or committee of the house are
562563 confidential in accordance with the rules and laws concerning
563564 attorney-client privilege.
564565 (b) Communications between any employee of the Texas
565566 Legislative Council and the speaker, another member of the house,
566567 or an employee of a member or committee of the house are
567568 confidential. The General Investigating and Ethics Committee of
568569 the House may investigate an alleged violation of this subsection.
569570 (c) This section does not prohibit the speaker, member, or
570571 committee from waiving a privilege as otherwise permitted by law or
571572 from waiving confidentiality under this section.
572573 RULE 3. STANDING COMMITTEES
573574 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
574575 have seven members, with jurisdiction over all matters pertaining
575576 to:
576577 (1) agriculture, horticulture, and farm husbandry;
577578 (2) livestock and stock raising, and the livestock
578579 industry;
579580 (3) the development and preservation of forests, and
580581 the regulation, control, and promotion of the lumber industry;
581582 (4) problems and issues particularly affecting rural
582583 areas of the state, including issues related to rural economic
583584 development and the provision of and access to infrastructure,
584585 education, and health services; and
585586 (5) the following state agencies: the Department of
586587 Agriculture, the Texas Animal Health Commission, the State Soil and
587588 Water Conservation Board, the Texas A&M Forest Service, the Texas
588589 administrator for the [Office of] South Central Interstate Forest
589590 Fire Protection Compact, the Texas [Office of Chief] Apiary
590591 Inspection Service [Inspector], Texas A&M AgriLife Research, the
591592 Texas A&M AgriLife Extension Service, the Food and Fibers Research
592593 Council, the State Seed and Plant Board, the State Board of
593594 Veterinary Medical Examiners, the Texas A&M Veterinary Medical
594595 Diagnostic Laboratory, the Produce Recovery Fund Board, the board
595596 of directors of the Texas Boll Weevil Eradication Foundation, Inc.,
596597 and the Texas Wildlife Services.
597598 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
598599 members, with jurisdiction over:
599600 (1) all bills and resolutions appropriating money from
600601 the state treasury;
601602 (2) all bills and resolutions containing provisions
602603 resulting in automatic allocation of funds from the state treasury;
603604 (3) all bills and resolutions diverting funds from
604605 the state treasury or preventing funds from going in that otherwise
605606 would be placed in the state treasury; and
606607 (4) all matters pertaining to claims and accounts
607608 filed with the legislature against the state unless jurisdiction
608609 over those bills and resolutions is specifically granted by these
609610 rules to some other standing committee.
610611 (b) The appropriations committee may comment upon any bill
611612 or resolution containing a provision resulting in an automatic
612613 allocation of funds.
613614 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
614615 seven members, with jurisdiction over all matters pertaining to:
615616 (1) industry and manufacturing;
616617 (2) industrial safety and adequate and safe working
617618 conditions, and the regulation and control of those conditions;
618619 (3) hours, wages, collective bargaining, and the
619620 relationship between employers and employees;
620621 (4) the regulation of business transactions and
621622 transactions involving property interests;
622623 (5) the organization, incorporation, management, and
623624 regulation of private corporations and professional associations
624625 and the Uniform Commercial Code and the Business Organizations
625626 Code;
626627 (6) the protection of consumers, governmental
627628 regulations incident thereto, the agencies of government
628629 authorized to regulate such activities, and the role of the
629630 government in consumer protection;
630631 (7) privacy and identity theft;
631632 (8) homeowners' associations;
632633 (9) oversight and regulation of the construction
633634 industry; and
634635 (10) the following state agencies: the State Office of
635636 Risk Management, the Risk Management Board, the Division of
636637 Workers' Compensation of the Texas Department of Insurance, the
637638 Workers' compensation research and evaluation group in the Texas
638639 Department of Insurance, the Office of Injured Employee Counsel,
639640 including the ombudsman program of that office, and the Texas
640641 Mutual Insurance Company Board of Directors.
641642 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
642643 15 members, with jurisdiction over:
643644 (1) the placement of bills and resolutions on
644645 appropriate calendars, except those within the jurisdiction of the
645646 Committee on Rules and Resolutions;
646647 (2) the determination of priorities and proposal of
647648 rules for floor consideration of such bills and resolutions; and
648649 (3) all other matters concerning the calendar system
649650 and the expediting of the business of the house as may be assigned
650651 by the speaker.
651652 Sec. 5. CORRECTIONS. The committee shall have seven
652653 members, with jurisdiction over all matters pertaining to:
653654 (1) the incarceration and rehabilitation of convicted
654655 felons;
655656 (2) the establishment and maintenance of programs that
656657 provide alternatives to incarceration; and
657658 (3) the following state agencies: the Texas
658659 Department of Criminal Justice, the Special Prosecution Unit, the
659660 Board of Pardons and Paroles, the Texas Civil Commitment Office [of
660661 Violent Sex Offender Management], and the Texas Correctional Office
661662 on Offenders with Medical or Mental Impairments.
662663 Sec. 6. COUNTY AFFAIRS. The committee shall have nine
663664 members, with jurisdiction over all matters pertaining to:
664665 (1) counties, including their organization, creation,
665666 boundaries, government, and finance and the compensation and duties
666667 of their officers and employees;
667668 (2) establishing districts for the election of
668669 governing bodies of counties;
669670 (3) regional councils of governments;
670671 (4) multicounty boards or commissions;
671672 (5) relationships or contracts between counties;
672673 (6) other units of local government; and
673674 (7) the following state agency: the Commission on
674675 Jail Standards.
675676 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
676677 seven members, with jurisdiction over all matters pertaining to:
677678 (1) criminal law, prohibitions, standards, and
678679 penalties;
679680 (2) probation and parole;
680681 (3) criminal procedure in the courts of Texas;
681682 (4) revision or amendment of the Penal Code; and
682683 (5) the following state agencies: the Office of State
683684 Prosecuting Attorney and the Texas State Council for Interstate
684685 Adult Offender Supervision.
685686 Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
686687 shall have seven members, with jurisdiction over:
687688 (1) the creation, operation, and control of state
688689 parks, including the development, maintenance, and operation of
689690 state parks in connection with the sales and use tax imposed on
690691 sporting goods, but not including any matter within the
691692 jurisdiction of the Committee on Appropriations;
692693 (2) the regulation and control of the propagation and
693694 preservation of wildlife and fish in the state;
694695 (3) the development and regulation of the fish and
695696 oyster industries of the state;
696697 (4) hunting and fishing in the state, and the
697698 regulation and control thereof, including the imposition of fees,
698699 fines, and penalties relating to that regulation;
699700 (5) the regulation of other recreational activities;
700701 (6) cultural resources and their promotion,
701702 development, and regulation;
702703 (7) historical resources and their promotion,
703704 development, and regulation;
704705 (8) promotion and development of Texas' image and
705706 heritage;
706707 (9) preservation and protection of Texas' shrines,
707708 monuments, and memorials;
708709 (10) international and interstate tourist promotion
709710 and development;
710711 (11) the Texas Economic Development and Tourism Office
711712 as it relates to the subject-matter jurisdiction of this committee;
712713 (12) the Gulf States Marine Fisheries Compact; and
713714 (13) the following state agencies: the Parks and
714715 Wildlife Department, the Texas Commission on the Arts, the State
715716 Cemetery Committee, the Texas State Library and Archives
716717 Commission, the Texas Historical Commission, the State
717718 Preservation Board, the San Jacinto Historical Advisory Board, and
718719 an office of state government to the extent the office promotes the
719720 Texas music industry.
720721 Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
721722 have seven members, with jurisdiction over all matters pertaining
722723 to:
723724 (1) the relations between the State of Texas and the
724725 federal government involving defense, emergency preparedness, and
725726 veterans issues;
726727 (2) the various branches of the military service of
727728 the United States;
728729 (3) the realignment or closure of military bases;
729730 (4) the defense of the state and nation, including
730731 terrorism response;
731732 (5) emergency preparedness;
732733 (6) veterans of military and related services; and
733734 (7) the following state agencies: the Texas Military
734735 Department, the Texas Veterans Commission, the Veterans' Land
735736 Board, the Texas Military Preparedness Commission, the Texas
736737 Division of Emergency Management, and the Emergency Management
737738 Council.
738739 Sec. 10. ECONOMIC AND SMALL BUSINESS DEVELOPMENT. (a) The
739740 committee shall have nine members, with jurisdiction over all
740741 matters pertaining to:
741742 (1) workforce training;
742743 (2) commerce, trade, and manufacturing;
743744 (3) economic and industrial development;
744745 (4) development and support of small businesses;
745746 (5) job creation and job-training programs;
746747 (6) hours, wages, collective bargaining, and the
747748 relationship between employers and employees;
748749 (7) unemployment compensation, including coverage,
749750 benefits, taxes, and eligibility;
750751 (8) labor unions and their organization, control,
751752 management, and administration;
752753 (9) weights and measures; and
753754 (10) the following state agencies: the Texas Economic
754755 Development and Tourism Office, the Texas Workforce Commission, and
755756 the Texas Workforce Investment Council.
756757 (b) The chair of the committee shall appoint a permanent
757758 subcommittee on small business development consisting of not fewer
758759 than five members to consider all matters pertaining to:
759760 (1) the establishment, operation, and well-being of
760761 small businesses and their employees in the state; and
761762 (2) identifying and addressing federal, state, and
762763 local regulatory barriers or impediments to the establishment,
763764 operation, and well-being of small businesses and their employees
764765 in the state.
765766 Sec. 11. ELECTIONS. The committee shall have seven
766767 members, with jurisdiction over all matters pertaining to:
767768 (1) the right of suffrage in Texas;
768769 (2) primary, special, and general elections;
769770 (3) revision, modification, amendment, or change of
770771 the Election Code;
771772 (4) the secretary of state in relation to elections;
772773 (5) campaign finance;
773774 (6) the duties and conduct of candidates for public
774775 office and of persons with an interest in influencing public
775776 policy; and
776777 (7) the following state agencies: the Office of the
777778 Secretary of State and the Texas Ethics Commission.
778779 Sec. 12. ENERGY RESOURCES. The committee shall have 13
779780 members, with jurisdiction over all matters pertaining to:
780781 (1) the conservation of the energy resources of Texas;
781782 (2) the production, regulation, transportation, and
782783 development of oil, gas, and other energy resources;
783784 (3) mining and the development of mineral deposits
784785 within the state;
785786 (4) the leasing and regulation of mineral rights under
786787 public lands;
787788 (5) pipelines, pipeline companies, and all others
788789 operating as common carriers in the state;
789790 (6) electric utility regulation as it relates to
790791 energy production and consumption;
791792 (7) identifying, developing, and using alternative
792793 energy sources;
793794 (8) increasing energy efficiency throughout the
794795 state;
795796 (9) the coordination of the state's efforts related to
796797 the federal designation of threatened and endangered species as it
797798 relates to energy resources in the state; and
798799 (10) the following state agencies: the Railroad
799800 Commission of Texas, the Texas representative for the [Office of]
800801 Interstate Oil and Gas Compact [Commissioner for Texas], the Office
801802 of Interstate Mining Compact Commissioner for Texas, the State
802803 Energy Conservation Office, and the Office of Southern States
803804 Energy Board Member for Texas.
804805 Sec. 13. ENVIRONMENTAL REGULATION. The committee shall
805806 have nine members, with jurisdiction over all matters pertaining
806807 to:
807808 (1) air, land, and water pollution, including the
808809 environmental regulation of industrial development;
809810 (2) the regulation of waste disposal;
810811 (3) environmental matters that are regulated by the
811812 Department of State Health Services or the Texas Commission on
812813 Environmental Quality;
813814 (4) oversight of the Texas Commission on Environmental
814815 Quality as it relates to environmental regulation; and
815816 (5) the following state agency: the Texas Low-Level
816817 Radioactive Waste Disposal Compact Commission.
817818 Sec. 14. GENERAL INVESTIGATING AND ETHICS (PROCEDURAL).
818819 (a) The committee shall have seven members of the house appointed
819820 by the speaker. The speaker shall appoint the chair and the
820821 vice-chair of the committee.
821822 (b) The committee has all the powers and duties of a general
822823 investigating committee and shall operate as the general
823824 investigating committee of the house according to the procedures
824825 prescribed by Subchapter B, Chapter 301, Government Code, and the
825826 rules of the house, as applicable.
826827 (c) The committee may investigate a matter related to the
827828 misconduct, malfeasance, misfeasance, abuse of office, or
828829 incompetency of an individual or officer under Chapter 665,
829830 Government Code. The committee has all the powers and duties
830831 conferred by that chapter for the purpose of conducting the
831832 investigation, including the authority to propose articles of
832833 impeachment.
833834 (d) The committee has jurisdiction over all matters
834835 pertaining to the conduct of and ethical standards applicable to
835836 state and local government officers and employees, including
836837 individuals appointed to offices of the executive branch of state
837838 government for the purpose of ensuring that an appointed officer is
838839 acting in the best interests of the State of Texas.
839840 (e) The committee has jurisdiction over the operation of,
840841 including transparency in the reporting of financial transactions
841842 by, agencies of the judicial and executive branches of state
842843 government and affiliated entities or foundations.
843844 Sec. 15. GOVERNMENT TRANSPARENCY AND OPERATION. The
844845 committee shall have seven members, with jurisdiction over all
845846 matters pertaining to:
846847 (1) the organization, operation, powers, regulations,
847848 and management of state departments, agencies, institutions, and
848849 advisory committees;
849850 (2) elimination of inefficiencies in the provision of
850851 state services;
851852 (3) open government matters, including open records
852853 and open meetings;
853854 (4) advances in science and technology, including
854855 telecommunications, electronic technology, or automated data
855856 processing, by state agencies, including institutions of higher
856857 education;
857858 (5) the promotion within the state of an advance
858859 described by Subdivision (4);
859860 (6) cooperation between the state or a local
860861 governmental entity and the scientific and technological
861862 community, including private businesses, institutions of higher
862- education, and federal governmental laboratories; [and]
863- (7) cybersecurity; and
864- (8) the Texas Emerging Technology Fund Advisory
863+ education, and federal governmental laboratories; and
864+ (7) the Texas Emerging Technology Fund Advisory
865865 Committee and the Sunset Advisory Commission.
866866 Sec. 16. HIGHER EDUCATION. (a) The committee shall have
867867 nine members, with jurisdiction over all matters pertaining to:
868868 (1) education beyond high school;
869869 (2) the colleges and universities of the State of
870870 Texas; and
871871 (3) the following state agencies: the Texas A&M
872872 Engineering Experiment Station, the Texas A&M Engineering
873873 Extension Service, the Texas Higher Education Coordinating Board,
874874 the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
875875 Education Tuition Board, and the Texas A&M Transportation
876876 Institute.
877877 (b) The chair of the committee shall appoint a permanent
878878 subcommittee on postsecondary education and workforce readiness
879879 consisting of not fewer than five members to consider all matters
880880 pertaining to the availability of postsecondary educational
881881 opportunities in the state, including opportunities at:
882882 (1) public or private institutions of higher
883883 education;
884884 (2) nonprofit colleges or universities; and
885885 (3) career schools or colleges, or any other
886886 postsecondary educational providers in the state.
887887 Sec. 17. HOMELAND SECURITY AND PUBLIC SAFETY. The
888888 committee shall have nine members, with jurisdiction over all
889889 matters pertaining to:
890890 (1) law enforcement;
891891 (2) the prevention of crime and the apprehension of
892892 criminals;
893893 (3) the provision of security services by private
894894 entities;
895895 (4) homeland security, including:
896896 (A) the defense of the state and nation,
897897 including terrorism response; and
898898 (B) disaster mitigation, preparedness, response,
899899 and recovery; and
900900 (5) the following state agencies: the Texas Commission
901901 on Law Enforcement, the Department of Public Safety, the Texas
902902 Division of Emergency Management, the Emergency Management
903903 Council, the Texas Forensic Science Commission, the Texas Military
904904 Preparedness Commission, the Texas Private Security Board, the
905905 Commission on State Emergency Communications, and the Texas Crime
906906 Stoppers Council.
907907 Sec. 18. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
908908 committee shall have 11 members, with jurisdiction over:
909909 (1) administrative operation of the house and its
910910 employees;
911911 (2) the general house fund, with full control over all
912912 expenditures from the fund;
913913 (3) all property, equipment, and supplies obtained by
914914 the house for its use and the use of its members;
915915 (4) all office space available for the use of the house
916916 and its members;
917917 (5) the assignment of vacant office space, vacant
918918 parking spaces, and vacant desks on the house floor to members with
919919 seniority based on cumulative years of service in the house, except
920920 that the committee may make these assignments based on physical
921921 disability of a member where it deems proper;
922922 (6) all admissions to the floor during sessions of the
923923 house;
924924 (7) all proposals to invite nonmembers to appear
925925 before or address the house or a joint session;
926926 (8) all radio, television, and Internet broadcasting,
927927 live or recorded, of sessions of the house;
928928 (9) the electronic recording of the proceedings of the
929929 house of representatives and the custody of the recordings of
930930 testimony before house committees, with authority to promulgate
931931 reasonable rules, regulations, and conditions concerning the
932932 safekeeping, reproducing, and transcribing of the recordings, and
933933 the defraying of costs for transcribing the recordings, subject to
934934 other provisions of these rules;
935935 (10) all witnesses appearing before the house or any
936936 committee thereof in support of or in opposition to any pending
937937 legislative proposal; and
938938 (11) the following state agency: the State
939939 Preservation Board.
940940 (b) The committee must vote to adopt the annual budget for
941941 each house department.
942942 Sec. 19. HUMAN SERVICES. The committee shall have nine
943943 members, with jurisdiction over all matters pertaining to:
944944 (1) welfare and rehabilitation programs and their
945945 development, administration, and control;
946946 (2) oversight of the Health and Human Services
947947 Commission as it relates to the subject matter jurisdiction of this
948948 committee;
949949 (3) intellectual disabilities and the development of
950950 programs incident thereto;
951951 (4) the prevention and treatment of intellectual
952952 disabilities; and
953953 (5) the following state agencies: the Department of
954954 Aging and Disability Services, [the Department of Assistive and
955955 Rehabilitative Services,] the Department of Family and Protective
956956 Services, the Texas State Board of Social Worker Examiners, [the
957957 Texas Council on Purchasing from People with Disabilities,] and the
958958 Texas State Board of Examiners of Professional Counselors.
959959 Sec. 20. INSURANCE. The committee shall have nine members,
960960 with jurisdiction over all matters pertaining to:
961961 (1) insurance and the insurance industry;
962962 (2) all insurance companies and other organizations of
963963 any type writing or issuing policies of insurance in the State of
964964 Texas, including their organization, incorporation, management,
965965 powers, and limitations; and
966966 (3) the following state agencies: the Texas
967967 Department of Insurance, the Texas Health Benefits Purchasing
968968 Cooperative, and the Office of Public Insurance Counsel.
969969 Sec. 21. INTERNATIONAL TRADE AND INTERGOVERNMENTAL
970970 AFFAIRS. The committee shall have seven members, with
971971 jurisdiction over all matters pertaining to:
972972 (1) the relations between the State of Texas and other
973973 nations, including matters related to trade relations and
974974 international trade zones;
975975 (2) the relations between the State of Texas and the
976976 federal government other than matters involving defense, emergency
977977 preparedness, and veterans issues;
978978 (3) the relations between the State of Texas and other
979979 states of the United States;
980980 (4) international commerce and trade, including the
981981 regulation of persons participating in international commerce and
982982 trade;
983983 (5) international and border regions (as described in
984984 Sections 2056.002(e)(2) and (3), Government Code) economic
985985 development, public health and safety issues affecting the border,
986986 tourist development, and goodwill, and economic development,
987987 tourist development, and goodwill in other areas of the state that
988988 have experienced a significant increase in the percentage of the
989989 population that consists of immigrants from other nations,
990990 according to the last two federal decennial censuses or another
991991 reliable measure;
992992 (6) the provision of public services to persons
993993 residing in proximity to Texas' international border or in other
994994 areas of the state that have experienced a significant increase in
995995 the percentage of the population that consists of immigrants from
996996 other nations, according to the last two federal decennial censuses
997997 or another reliable measure; and
998998 (7) the following state agency: the Office of
999999 State-Federal Relations.
10001000 Sec. 22. INVESTMENTS AND FINANCIAL SERVICES. (a) The
10011001 committee shall have seven members, with jurisdiction over all
10021002 matters pertaining to:
10031003 (1) banking and the state banking system;
10041004 (2) savings and loan associations;
10051005 (3) credit unions;
10061006 (4) the regulation of state and local bonded
10071007 indebtedness;
10081008 (5) the lending of money;
10091009 (6) the regulation of securities and investments;
10101010 (7) privacy and identity theft; and
10111011 (8) the following state agencies: the Finance
10121012 Commission of Texas, the Credit Union Commission, the Office of
10131013 Consumer Credit Commissioner, the Office of Banking Commissioner,
10141014 the Texas Department of Banking, the Department of Savings and
10151015 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
10161016 Texas Public Finance Authority, the Bond Review Board, and the
10171017 State Securities Board.
10181018 (b) The chair of the committee shall appoint a permanent
10191019 subcommittee on state and local bonded indebtedness consisting of
10201020 not fewer than five members to consider all matters pertaining to
10211021 bonded indebtedness by a state or local governmental entity,
10221022 including:
10231023 (1) the authority to issue bonds and the effects of
10241024 issuing bonds;
10251025 (2) the economic impact of bonded indebtedness; and
10261026 (3) the transparency of, and information provided to
10271027 taxpayers regarding, transactions related to the issuance of bonds.
10281028 Sec. 23. JUDICIARY AND CIVIL JURISPRUDENCE. The committee
10291029 shall have nine members, with jurisdiction over all matters
10301030 pertaining to:
10311031 (1) fines and penalties arising under civil laws;
10321032 (2) civil law, including rights, duties, remedies, and
10331033 procedures thereunder, and including probate and guardianship
10341034 matters;
10351035 (3) civil procedure in the courts of Texas;
10361036 (4) administrative law and the adjudication of rights
10371037 by administrative agencies;
10381038 (5) permission to sue the state;
10391039 (6) uniform state laws;
10401040 (7) creating, changing, or otherwise affecting courts
10411041 of judicial districts of the state;
10421042 (8) establishing districts for the election of
10431043 judicial officers;
10441044 (9) the State Commission on Judicial Conduct;
10451045 (10) the Office of the Attorney General, including its
10461046 organization, powers, functions, and responsibilities;
10471047 (11) courts and court procedures except where
10481048 jurisdiction is specifically granted to some other standing
10491049 committee; and
10501050 (12) the following state agencies: the Supreme Court,
10511051 the courts of appeals, the Court of Criminal Appeals, the State
10521052 Commission on Judicial Conduct, the Office of Court Administration
10531053 of the Texas Judicial System, the State Law Library, the Texas
10541054 Judicial Council, the Judicial Branch Certification Commission,
10551055 the Office of the Attorney General, the Board of Law Examiners, the
10561056 State Bar of Texas, and the State Office of Administrative
10571057 Hearings.
10581058 Sec. 24. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
10591059 shall have seven members, with jurisdiction over all matters
10601060 pertaining to:
10611061 (1) the commitment and rehabilitation of youths;
10621062 (2) the construction, operation, and management of
10631063 correctional facilities of the state and facilities used for the
10641064 commitment and rehabilitation of youths;
10651065 (3) juvenile delinquency and gang violence;
10661066 (4) criminal law, prohibitions, standards, and
10671067 penalties as applied to juveniles;
10681068 (5) criminal procedure in the courts of Texas as it
10691069 relates to juveniles;
10701070 (6) civil law as it relates to familial relationships,
10711071 including rights, duties, remedies, and procedures; and
10721072 (7) the following state agencies: the Texas Juvenile
10731073 Justice Board, the Texas Juvenile Justice Department, the Office of
10741074 Independent Ombudsman for the Texas Juvenile Justice Department,
10751075 and the Advisory Council on Juvenile Services.
10761076 Sec. 25. LAND AND RESOURCE MANAGEMENT. The committee shall
10771077 have seven members, with jurisdiction over all matters pertaining
10781078 to:
10791079 (1) the management of public lands;
10801080 (2) the power of eminent domain;
10811081 (3) annexation, zoning, and other governmental
10821082 regulation of land use; and
10831083 (4) the following state agencies: the School Land
10841084 Board, the Board for Lease of University Lands, and the General Land
10851085 Office.
10861086 Sec. 26. LICENSING AND ADMINISTRATIVE PROCEDURES. The
10871087 committee shall have nine members, with jurisdiction over all
10881088 matters pertaining to:
10891089 (1) the oversight of businesses, industries, general
10901090 trades, and occupations regulated by this state;
10911091 (2) the regulation of greyhound and horse racing and
10921092 other gaming industries;
10931093 (3) regulation of the sale of intoxicating beverages
10941094 and local option control;
10951095 (4) the Alcoholic Beverage Code; and
10961096 (5) the following state agencies: the Texas
10971097 Department of Licensing and Regulation, the State Office of
10981098 Administrative Hearings, the Texas Board of Architectural
10991099 Examiners, the Texas State Board of Public Accountancy, the Texas
11001100 Real Estate Commission, the Texas State Board of Plumbing
11011101 Examiners, the Texas Board of Professional Engineers, the Real
11021102 Estate Center at Texas A&M University, the Texas Board of
11031103 Professional Land Surveying, the Texas Racing Commission, the Texas
11041104 Appraiser Licensing and Certification Board, the Texas Lottery
11051105 Commission, and the Texas Alcoholic Beverage Commission.
11061106 Sec. 27. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
11071107 committee shall have 13 members, with jurisdiction over:
11081108 (1) the placement on appropriate calendars of bills
11091109 and resolutions that, in the opinion of the committee, are in fact
11101110 local or will be uncontested, and have been recommended as such by
11111111 the standing committee of original jurisdiction; and
11121112 (2) the determination of priorities for floor
11131113 consideration of bills and resolutions except those within the
11141114 jurisdiction of the Committee on Calendars.
11151115 Sec. 28. NATURAL RESOURCES. (a) The committee shall have
11161116 11 members, with jurisdiction over all matters pertaining to:
11171117 (1) the conservation of the natural resources of
11181118 Texas;
11191119 (2) the control and development of land and water and
11201120 land and water resources, including the taking, storing, control,
11211121 and use of all water in the state, and its appropriation and
11221122 allocation;
11231123 (3) irrigation, irrigation companies, and irrigation
11241124 districts, and their incorporation, management, and powers;
11251125 (4) the creation, modification, and regulation of
11261126 groundwater conservation districts and the modification and
11271127 regulation of water supply districts, water control and improvement
11281128 districts, conservation and reclamation districts, and all similar
11291129 organs of local government dealing with water and water supply;
11301130 (5) oversight of the Texas Commission on Environmental
11311131 Quality as it relates to the regulation of water resources; and
11321132 (6) the following state agencies: the Office of
11331133 Canadian River Compact Commissioner for Texas, the Office of Pecos
11341134 River Compact Commissioner for Texas, the Office of Red River
11351135 Compact Commissioner for Texas, the Office of Rio Grande Compact
11361136 Commissioner for Texas, the Office of Sabine River Compact
11371137 Commissioner for Texas, the Southwestern States [Multi-State]
11381138 Water [Resources Planning] Commission, and the Texas Water
11391139 Development Board.
11401140 (b) The chair of the committee shall appoint a permanent
11411141 subcommittee on special water districts consisting of not fewer
11421142 than five members to consider all matters pertaining to special
11431143 water districts within the jurisdiction of the committee,
11441144 including:
11451145 (1) the organization and operation of the districts;
11461146 (2) the powers and duties of the districts; and
11471147 (3) the districts' role in the conservation of natural
11481148 resources and the control and development of land and water in the
11491149 state.
11501150 Sec. 29. PENSIONS. The committee shall have seven members,
11511151 with jurisdiction over all matters pertaining to:
11521152 (1) benefits or participation in benefits of a public
11531153 retirement system and the financial obligations of a public
11541154 retirement system; and
11551155 (2) the following state agencies: the Texas Emergency
11561156 Services Retirement System, the Board of Trustees of the Teacher
11571157 Retirement System of Texas, the Board of Trustees of the Employees
11581158 Retirement System of Texas, the Board of Trustees of the Texas
11591159 County and District Retirement System, the Board of Trustees of the
11601160 Texas Municipal Retirement System, and the State Pension Review
11611161 Board.
11621162 Sec. 30. PUBLIC EDUCATION. (a) The committee shall have 11
11631163 members, with jurisdiction over all matters pertaining to:
11641164 (1) the public schools and the public school system of
11651165 Texas and the financing thereof;
11661166 (2) the state programming of elementary and secondary
11671167 education for the public school system of Texas;
11681168 (3) proposals to create, change, or otherwise alter
11691169 school districts of the state; and
11701170 (4) the following state agencies: the State Board of
11711171 Education, the Texas Education Agency, the Texas representatives to
11721172 the Education Commission of the States [Office of Compact for
11731173 Education Commissioner for Texas], the Office of Southern Regional
11741174 Education Compact Commissioner for Texas, the Texas School for the
11751175 Blind and Visually Impaired, the State Board for Educator
11761176 Certification, and the Texas School for the Deaf.
11771177 (b) The chair of the committee shall appoint a permanent
11781178 subcommittee on educator quality consisting of not fewer than five
11791179 members to consider all matters pertaining to ensuring the high
11801180 quality of teachers in the state, including:
11811181 (1) ways to improve the quality of the existing
11821182 teacher workforce and recruit well-qualified individuals into the
11831183 workforce; and
11841184 (2) the adequacy of existing certification programs
11851185 for new teachers.
11861186 Sec. 31. PUBLIC HEALTH. The committee shall have 11
11871187 members, with jurisdiction over all matters pertaining to:
11881188 (1) the protection of public health, including
11891189 supervision and control of the practice of medicine and dentistry
11901190 and other allied health services;
11911191 (2) mental health and the development of programs
11921192 incident thereto;
11931193 (3) the prevention and treatment of mental illness;
11941194 (4) oversight of the Health and Human Services
11951195 Commission as it relates to the subject matter jurisdiction of this
11961196 committee; and
11971197 (5) the following state agencies: the Department of
11981198 State Health Services, the Anatomical Board of the State of Texas,
11991199 the Texas Funeral Service Commission, the [State Committee of
12001200 Examiners in the Fitting and Dispensing of] Hearing Instrument
12011201 Fitters and Dispensers Advisory Board [Instruments], the Texas
12021202 Health Services Authority, the Texas Optometry Board, the Texas
12031203 Radiation Advisory Board, the Texas State Board of Pharmacy, the
12041204 Interagency Obesity Council, the Texas Board of Nursing, the Texas
12051205 Board of Chiropractic Examiners, the Texas Board of Physical
12061206 Therapy Examiners, the Texas State Board of Podiatric Medical
12071207 Examiners, the Texas State Board of Examiners of Psychologists, the
12081208 State Board of Dental Examiners, the Texas Medical Board, the
12091209 Advisory Board of Athletic Trainers, the Dental Hygiene Advisory
12101210 Committee, the Cancer Prevention and Research Institute of Texas,
12111211 the Texas State Board of Acupuncture Examiners, the Health
12121212 Professions Council, the Office of Patient Protection, and the
12131213 Texas Board of Occupational Therapy Examiners.
12141214 Sec. 32. REDISTRICTING (PROCEDURAL). The committee shall
12151215 have nine members, with jurisdiction over all matters pertaining
12161216 to:
12171217 (1) legislative districts, both house and senate, and
12181218 any changes or amendments;
12191219 (2) congressional districts, their creation, and any
12201220 changes or amendments;
12211221 (3) establishing districts for the election of
12221222 judicial officers or of governing bodies or representatives of
12231223 political subdivisions or state agencies as required by law; and
12241224 (4) preparations for the redistricting process.
12251225 Sec. 33. RULES AND RESOLUTIONS (PROCEDURAL). The committee
12261226 shall have 11 members, with jurisdiction over:
12271227 (1) Rules of Procedure of the House of
12281228 Representatives, and all proposed amendments;
12291229 (2) Joint Rules of the House and Senate, and all
12301230 proposed amendments;
12311231 (3) all procedures for expediting the business of the
12321232 house in an orderly and efficient manner;
12331233 (4) all resolutions to congratulate, memorialize, or
12341234 name mascots of the house; and
12351235 (5) other matters concerning rules, procedures, and
12361236 operation of the house assigned by the speaker.
12371237 Sec. 34. SPECIAL PURPOSE DISTRICTS. (a) The committee
12381238 shall have seven members, with jurisdiction over all matters
12391239 pertaining to:
12401240 (1) the creation of any special purpose district not
12411241 otherwise assigned by these rules to other standing committees,
12421242 including a crime control and prevention district, library
12431243 district, public improvement district, municipal management
12441244 district, municipal development district, irrigation district,
12451245 water improvement district, water control and improvement
12461246 district, river authority, or navigation district; and
12471247 (2) any other local government special purpose
12481248 district authorized or created under law that as the result of its
12491249 creation may levy or impose a tax, assessment, or fee for a special
12501250 purpose.
12511251 (b) In this section, "local government" means a political
12521252 subdivision of this state, other than a county, and includes a
12531253 corporation or other entity created by a political subdivision of
12541254 this state other than a county.
12551255 Sec. 35. STATE AFFAIRS. The committee shall have 13
12561256 members, with jurisdiction over all matters pertaining to:
12571257 (1) questions and matters of state policy;
12581258 (2) the administration of state government;
12591259 (3) the organization, operation, powers, regulation,
12601260 and management of state departments, agencies, and institutions;
12611261 (4) the operation and regulation of public lands and
12621262 state buildings;
12631263 (5) the duties and conduct of officers and employees
12641264 of the state government;
12651265 (6) the operation of state government and its agencies
12661266 and departments; all of above except where jurisdiction is
12671267 specifically granted to some other standing committee;
12681268 (7) access of the state agencies to scientific and
12691269 technological information;
12701270 (8) the regulation and deregulation of electric
12711271 utilities and the electric industry;
12721272 (9) the regulation and deregulation of
12731273 telecommunications utilities and the telecommunications industry;
12741274 (10) electric utility regulation as it relates to
12751275 energy production and consumption;
12761276 (11) pipelines, pipeline companies, and all others
12771277 operating as common carriers in the state;
12781278 (12) the regulation and deregulation of other
12791279 industries jurisdiction of which is not specifically assigned to
12801280 another committee under these rules; and
12811281 (13) the following organizations and state agencies:
12821282 the Council of State Governments, the National Conference of State
12831283 Legislatures, the Office of the Governor, the Texas Facilities
12841284 Commission, the Department of Information Resources, the Inaugural
12851285 Endowment Fund Committee, the Sunset Advisory Commission, the
12861286 Public Utility Commission of Texas, and the Office of Public
12871287 Utility Counsel.
12881288 Sec. 36. TRANSPORTATION. (a) The committee shall have 13
12891289 members, with jurisdiction over all matters pertaining to:
12901290 (1) commercial motor vehicles, both bus and truck, and
12911291 their control, regulation, licensing, and operation;
12921292 (2) the Texas highway system, including all roads,
12931293 bridges, and ferries constituting a part of the system;
12941294 (3) the licensing of private passenger vehicles to
12951295 operate on the roads and highways of the state;
12961296 (4) the regulation and control of traffic on the
12971297 public highways of the State of Texas;
12981298 (5) railroads, street railway lines, interurban
12991299 railway lines, steamship companies, and express companies;
13001300 (6) airports, air traffic, airlines, and other
13011301 organizations engaged in transportation by means of aerial flight;
13021302 (7) water transportation in the State of Texas, and
13031303 the rivers, harbors, and related facilities used in water
13041304 transportation and the agencies of government exercising
13051305 supervision and control thereover;
13061306 (8) the regulation of metropolitan transit; and
13071307 (9) the following state agencies: the Texas Department
13081308 of Motor Vehicles, the Texas Department of Transportation, and the
13091309 Texas Transportation Commission.
13101310 (b) The chair of the committee shall appoint a permanent
13111311 subcommittee on long-term transportation infrastructure planning
13121312 consisting of not fewer than seven members to consider all matters
13131313 pertaining to the transportation needs of the state during the next
13141314 10 years and funding mechanisms to provide for meeting those needs.
13151315 Sec. 37. URBAN AFFAIRS. The committee shall have seven
13161316 members, with jurisdiction over all matters pertaining to:
13171317 (1) municipalities, including their creation,
13181318 organization, powers, government, and finance, and the
13191319 compensation and duties of their officers and employees;
13201320 (2) home-rule municipalities, their relationship to
13211321 the state, and their powers, authority, and limitations;
13221322 (3) the creation or change of metropolitan areas and
13231323 the form of government under which those areas operate;
13241324 (4) problems and issues particularly affecting
13251325 metropolitan areas of the state;
13261326 (5) other units of local government not otherwise
13271327 assigned by these rules to other standing committees;
13281328 (6) establishing districts for the election of
13291329 governing bodies of municipalities;
13301330 (7) land use regulation by municipalities; and
13311331 (8) the following state agencies: the Texas
13321332 Department of Housing and Community Affairs and the Texas
13331333 Commission on Fire Protection.
13341334 Sec. 38. WAYS AND MEANS. (a) The committee shall have 11
13351335 members, with jurisdiction over:
13361336 (1) all bills and resolutions proposing to raise state
13371337 revenue;
13381338 (2) all bills or resolutions proposing to levy state
13391339 taxes or other fees;
13401340 (3) all proposals to modify, amend, or change any
13411341 existing state tax or revenue statute;
13421342 (4) all proposals to regulate the manner of collection
13431343 of state revenues and taxes;
13441344 (5) all bills and resolutions containing provisions
13451345 resulting in automatic allocation of funds from the state treasury;
13461346 (6) all bills and resolutions diverting funds from the
13471347 state treasury or preventing funds from going in that otherwise
13481348 would be placed in the state treasury;
13491349 (7) all bills and resolutions proposing to permit a
13501350 local government to raise revenue;
13511351 (8) all bills and resolutions proposing to permit a
13521352 local government to levy or impose property taxes, sales and use
13531353 taxes, or other taxes and fees;
13541354 (9) all proposals to modify, amend, or change any
13551355 existing local government tax or revenue statute;
13561356 (10) all proposals to regulate the manner of
13571357 collection of local government revenues and taxes;
13581358 (11) all bills and resolutions relating to the
13591359 appraisal of property for taxation;
13601360 (12) all bills and resolutions relating to the Tax
13611361 Code; and
13621362 (13) the following state agencies: the Office of
13631363 Multistate Tax Compact Commissioner for Texas and the Comptroller
13641364 of Public Accounts.
13651365 (b) The chair of the committee shall appoint one or more
13661366 subcommittees consisting of not fewer than five members each, with
13671367 each subcommittee focusing on a specific method of taxation and all
13681368 matters pertaining to that method. One subcommittee must be
13691369 appointed to consider property taxation.
13701370 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
13711371 CHAPTER A. ORGANIZATION
13721372 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
13731373 committees of the house, and the number of members and general
13741374 jurisdiction of each, shall be as enumerated in Rule 3.
13751375 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
13761376 the standing committees shall be determined at the beginning of
13771377 each regular session in the following manner:
13781378 (1) For each standing substantive committee, a maximum
13791379 of one-half of the membership, exclusive of the chair and
13801380 vice-chair, shall be determined by seniority. The remaining
13811381 membership of the committee shall be appointed by the speaker.
13821382 (2) Each member of the house, in order of seniority,
13831383 may designate three committees on which he or she desires to serve,
13841384 listed in order of preference. The member is entitled to become a
13851385 member of the committee of his or her highest preference on which
13861386 there remains a vacant seniority position.
13871387 (3) If members of equal seniority request the same
13881388 committee, the speaker shall appoint the member from among those
13891389 requesting that committee. Seniority, as the term is used in this
13901390 subsection, shall mean years of cumulative service as a member of
13911391 the house of representatives.
13921392 (4) After each member of the house has selected one
13931393 committee on the basis of seniority, the remaining membership on
13941394 each standing committee shall be filled by appointment of the
13951395 speaker, subject to the limitations imposed in this chapter.
13961396 (5) Seniority shall not apply to a procedural
13971397 committee. For purposes of these rules, the procedural committees
13981398 are the Committee on Calendars, the Committee on Local and Consent
13991399 Calendars, the Committee on Rules and Resolutions, the General
14001400 Investigating and Ethics Committee, the Committee on House
14011401 Administration, and the Committee on Redistricting. The entire
14021402 membership of these committees shall be appointed by the speaker.
14031403 (6) In announcing the membership of committees, the
14041404 speaker shall designate those appointed by the speaker and those
14051405 acquiring membership by seniority.
14061406 (7) The speaker shall designate the chair and
14071407 vice-chair from the total membership of the committee.
14081408 (b) In the event of a vacancy in a representative district
14091409 that has not been filled at the time of the determination of the
14101410 membership of standing committees, the representative of the
14111411 district who fills that vacancy shall not be entitled to select a
14121412 committee on the basis of seniority. Committee appointments on
14131413 behalf of that district shall be designated by the district number.
14141414 (c) In the event that a member-elect of the current
14151415 legislature has not taken the oath of office by the end of the ninth
14161416 day of the regular session, the representative of that district
14171417 shall not be entitled to select a committee on the basis of
14181418 seniority. If the member-elect has not taken the oath of office by
14191419 the time committee appointments are announced, committee
14201420 appointments on behalf of that district shall be designated by
14211421 district number.
14221422 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
14231423 and vice-chair, members of a standing committee shall rank
14241424 according to their seniority.
14251425 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
14261426 concurrently on more than two standing substantive committees.
14271427 (b) A member serving as chair of the Committee on
14281428 Appropriations or the Committee on State Affairs may not serve on
14291429 any other substantive committee.
14301430 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
14311431 a standing, select, or interim committee subsequent to its
14321432 organization, the speaker shall appoint an eligible member to fill
14331433 the vacancy.
14341434 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
14351435 shall:
14361436 (1) be responsible for the effective conduct of the
14371437 business of the committee;
14381438 (2) appoint all subcommittees and determine the number
14391439 of members to serve on each subcommittee;
14401440 (3) in consultation with members of the committee,
14411441 schedule the work of the committee and determine the order in which
14421442 the committee shall consider and act on bills, resolutions, and
14431443 other matters referred to the committee;
14441444 (4) have authority to employ and discharge the staff
14451445 and employees authorized for the committee and have supervision and
14461446 control over all the staff and employees;
14471447 (5) direct the preparation of all committee reports.
14481448 No committee report shall be official until signed by the chair of
14491449 the committee, or by the person acting as chair, or by a majority of
14501450 the membership of the committee;
14511451 (6) determine the necessity for public hearings,
14521452 schedule hearings, and be responsible for directing the posting of
14531453 notice of hearings as required by the rules;
14541454 (7) preside at all meetings of the committee and
14551455 control its deliberations and activities in accordance with
14561456 acceptable parliamentary procedure; and
14571457 (8) have authority to direct the sergeant-at-arms to
14581458 assist, where necessary, in enforcing the will of the committee.
14591459 Sec. 7. BILL ANALYSES. [(a)] Except for the general
14601460 appropriations bill, for each bill or joint resolution referred to
14611461 the committee, the staff of the committee shall be responsible for
14621462 distributing a copy of a bill analysis to[:
14631463 [(1)] each member of the committee and the author of a
14641464 house measure at the earliest possible opportunity but not later
14651465 than the first time the measure is laid out in a committee meeting[;
14661466 and
14671467 [(2) except for an analysis prepared by the Texas
14681468 Legislative Council, the author of a house measure or sponsor of a
14691469 senate measure at the earliest possible opportunity but not later
14701470 than 48 hours before the first time the measure is laid out in a
14711471 committee meeting].
14721472 [(b) The author of the bill or joint resolution may request
14731473 the Texas Legislative Council to prepare an analysis for purposes
14741474 of this section suitable for distribution by committee staff to
14751475 each member of the committee.
14761476 [(c) The Texas Legislative Council shall provide to the
14771477 author of a house measure or sponsor of a senate measure a copy of an
14781478 analysis at the time the analysis is provided to the staff of the
14791479 committee.
14801480 [(d) The author of a bill or joint resolution may request
14811481 that an analysis prepared for purposes of this section include a
14821482 statement written by the author that includes any additional
14831483 information that the author considers appropriate.]
14841484 CHAPTER B. PROCEDURE
14851485 Sec. 8. MEETINGS. (a) As soon as practicable after
14861486 standing committees are constituted and organized, the committee
14871487 coordinator, under the direction of the Committee on House
14881488 Administration, shall prepare a schedule for regular meetings of
14891489 all standing committees. This schedule shall be published in the
14901490 house journal and posted in a convenient and conspicuous place near
14911491 the entrance to the house and on other posting boards for committee
14921492 meeting notices, as determined necessary by the Committee on House
14931493 Administration. To the extent practicable during each regular
14941494 session, standing committees shall conduct regular committee
14951495 meetings in accordance with the schedule of meetings prepared by
14961496 the committee coordinator under the supervision of the Committee on
14971497 House Administration.
14981498 (b) Standing committees shall meet at other times as may be
14991499 determined by the committee, or as may be called by the chair.
15001500 Subcommittees of standing committees shall likewise meet at other
15011501 times as may be determined by the committee, or as may be called by
15021502 the chair of the committee or subcommittee.
15031503 (c) Committees shall also meet in such places and at such
15041504 times as the speaker may designate.
15051505 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
15061506 committee or subcommittee shall meet during the time the house is in
15071507 session without permission being given by a majority vote of the
15081508 house. No standing committee or subcommittee shall conduct its
15091509 meeting on the floor of the house or in the house chamber while the
15101510 house is in session, but shall, if given permission to meet while
15111511 the house is in session, retire to a designated committee room for
15121512 the conduct of its meeting.
15131513 Sec. 10. PURPOSES FOR MEETING. A committee or a
15141514 subcommittee may be assembled for:
15151515 (1) a public hearing where testimony is to be heard,
15161516 and where official action may be taken, on bills, resolutions, or
15171517 other matters;
15181518 (2) a formal meeting where the committee may discuss
15191519 and take official action on bills, resolutions, or other matters
15201520 without testimony; and
15211521 (3) a work session where the committee may discuss
15221522 bills, resolutions, or other matters but take no formal action.
15231523 Sec. 11. POSTING NOTICE. (a) No committee or
15241524 subcommittee, including a calendars committee, shall assemble for
15251525 the purpose of a public hearing during a regular session unless
15261526 notice of the hearing has been posted in accordance with the rules
15271527 at least five calendar days in advance of the hearing. No committee
15281528 or subcommittee, including a calendars committee, shall assemble
15291529 for the purpose of a public hearing during a special session unless
15301530 notice of the hearing has been posted in accordance with the rules
15311531 at least 24 hours in advance of the hearing. The committee minutes
15321532 shall reflect the date of each posting of notice. Notice shall not
15331533 be required for a public hearing or a formal meeting on a senate
15341534 bill which is substantially the same as a house bill that has
15351535 previously been the subject of a duly posted public hearing by the
15361536 committee.
15371537 (b) No committee or subcommittee, including a calendars
15381538 committee, shall assemble for the purpose of a formal meeting or
15391539 work session during a regular or special session unless written
15401540 notice has been posted and transmitted to each member of the
15411541 committee two hours in advance of the meeting or an announcement has
15421542 been filed with the journal clerk and read by the reading clerk
15431543 while the house is in session.
15441544 (c) All committees meeting during the interim for the
15451545 purpose of a formal meeting, work session, or public hearing shall
15461546 post notice in accordance with the rules and notify members of the
15471547 committee at least five calendar days in advance of the meeting.
15481548 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
15491549 committee or subcommittee, including a calendars committee, shall
15501550 be open to other members, the press, and the public unless
15511551 specifically provided otherwise by resolution adopted by the house.
15521552 However, the General Investigating and Ethics Committee or a
15531553 committee considering an impeachment, an address, the punishment of
15541554 a member of the house, or any other matter of a quasi-judicial
15551555 nature may meet in executive session for the limited purpose of
15561556 examining a witness or deliberating, considering, or debating a
15571557 decision, but no decision may be made or voted on except in a
15581558 meeting that is open to the public and otherwise in compliance with
15591559 the rules of the house.
15601560 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
15611561 Procedure of the House of Representatives, and to the extent
15621562 applicable, the rules of evidence and procedure in the civil courts
15631563 of Texas, shall govern the hearings and operations of each
15641564 committee, including a calendars committee. Subject to the
15651565 foregoing, and to the extent necessary for orderly transaction of
15661566 business, each committee may promulgate and adopt additional rules
15671567 and procedures by which it will function.
15681568 (b) No standing committee, including a calendars committee,
15691569 or any subcommittee, shall adopt any rule of procedure, including
15701570 but not limited to an automatic subcommittee rule, which will have
15711571 the effect of thwarting the will of the majority of the committee or
15721572 subcommittee or denying the committee or subcommittee the right to
15731573 ultimately dispose of any pending matter by action of a majority of
15741574 the committee or subcommittee. A bill or resolution may not be laid
15751575 on the table subject to call in committee without a majority vote of
15761576 the committee.
15771577 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
15781578 rulings of the chair of a committee shall be in order if seconded by
15791579 three members of the committee, which may include the member making
15801580 the appeal. Procedure in committee following an appeal which has
15811581 been seconded shall be the same as the procedure followed in the
15821582 house in a similar situation.
15831583 Sec. 15. PREVIOUS QUESTION. Before the previous question
15841584 can be ordered in a committee, the motion therefor must be seconded
15851585 by not less than 4 members of a committee consisting of 21 or more
15861586 members, 3 members of a committee consisting of less than 21 members
15871587 and more than 10 members, or 2 members of a committee consisting of
15881588 10 members or less. If the motion is properly seconded and ordered
15891589 by a majority vote of the committee, further debate on the
15901590 proposition under consideration shall be terminated, and the
15911591 proposition shall be immediately put to a vote of the committee for
15921592 its action.
15931593 Sec. 16. QUORUM. A majority of a committee shall
15941594 constitute a quorum. No action or recommendation of a committee
15951595 shall be valid unless taken at a meeting of the committee with a
15961596 quorum actually present, and the committee minutes shall reflect
15971597 the names of those members of the committee who were actually
15981598 present. No committee report shall be made to the house nor shall
15991599 bills or resolutions be placed on a calendar unless ordered by a
16001600 majority of the membership of the committee, except as otherwise
16011601 provided in the rules, and a quorum of the committee must be present
16021602 when the vote is taken on reporting a bill or resolution, on placing
16031603 bills or resolutions on a calendar, or on taking any other formal
16041604 action within the authority of the committee. No committee report
16051605 shall be made nor shall bills or resolutions be placed on a calendar
16061606 except by record vote of the members of the committee, with the yeas
16071607 and nays to be recorded in the minutes of the committee. Proxies
16081608 cannot be used in committees.
16091609 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
16101610 order to move a call of a committee at any time to secure and
16111611 maintain a quorum for any one or more of the following purposes:
16121612 (1) for the consideration of a specific bill,
16131613 resolution, or other matter;
16141614 (2) for a definite period of time; or
16151615 (3) for the consideration of any designated class of
16161616 bills or other matters.
16171617 (b) When a call of a committee is moved for one or more of
16181618 the foregoing purposes and seconded by two members, one of whom may
16191619 be the chair, and is ordered by a majority of the members present,
16201620 no member shall thereafter be permitted to leave the committee
16211621 meeting without written permission from the chair. After the call
16221622 is ordered, and in the absence of a quorum, the chair shall have the
16231623 authority to authorize the sergeant-at-arms to locate absent
16241624 members of the committee and to compel their attendance for the
16251625 duration of the call.
16261626 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
16271627 including a calendars committee, the chair, or the member acting as
16281628 chair, shall keep complete minutes of the proceedings in committee,
16291629 which shall include:
16301630 (1) the time and place of each meeting of the
16311631 committee;
16321632 (2) a roll call to determine the members present at
16331633 each meeting of the committee, whether that meeting follows an
16341634 adjournment or a recess from a previous committee meeting;
16351635 (3) an accurate record of all votes taken, including a
16361636 listing of the yeas and nays cast on a record vote;
16371637 (4) the date of posting of notice of the meeting; and
16381638 (5) other information that the chair shall determine.
16391639 (b) The minutes for each public hearing of a committee shall
16401640 also include an attachment listing the names of the persons, other
16411641 than members of the legislature, and the persons or entities
16421642 represented by those persons, who were recognized by the chair to
16431643 address the committee. The attachment shall also list the name of
16441644 each person, other than a member of the legislature, who submitted
16451645 to the committee a sworn statement indicating that the person was
16461646 present in favor of, in opposition to, or without taking a position
16471647 on the measure or other matter, but who because of the person's
16481648 departure or other reason was not recognized by the chair to address
16491649 the committee; provided that the omission of the name of such a
16501650 person is not a sustainable question of order.
16511651 (c) Committee minutes shall be corrected only at the
16521652 direction of the chair as authorized by a majority vote of the
16531653 committee. Duplicate originals of committee minutes shall be
16541654 maintained, one to remain with the committee chair and the other to
16551655 be filed with the committee coordinator. The committee minutes of a
16561656 meeting of the Appropriations Committee on the general
16571657 appropriations bill must be filed with the committee coordinator
16581658 within five days of the committee meeting. All other committee
16591659 minutes must be filed with the committee coordinator within three
16601660 days of the committee meeting for a substantive committee, and
16611661 within one day of the committee meeting for a procedural committee.
16621662 If the date on which the committee minutes are due occurs on a
16631663 Saturday, Sunday, or holiday on which the house is not in session,
16641664 the committee minutes shall be filed on the following working day.
16651665 The time at which the minutes are filed shall be time-stamped on the
16661666 duplicate originals of the minutes that are filed with the
16671667 committee coordinator. The duplicate originals shall be available
16681668 at all reasonable business hours for inspection by members or the
16691669 public.
16701670 (d) The committee coordinator shall maintain the minutes
16711671 and records safe from loss, destruction, and alteration at all
16721672 times, and may, at any time, turn them, or any portion, over to the
16731673 Committee on House Administration.
16741674 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
1675- committee coordinator shall [may] establish procedures for making
1675+ committee coordinator may establish procedures for making
16761676 available to the public on the Internet documents relating to the
16771677 proceedings of substantive committees.
1678- (b) A substantive committee shall [may] make available to
1679- the public on the Internet:
1678+ (b) A substantive committee may make available to the public
1679+ on the Internet:
16801680 (1) any committee substitute or amendment laid before
16811681 the committee; and
16821682 (2) any nonconfidential written testimony submitted
16831683 by a state agency for consideration by the committee that relates to
16841684 a measure referred to the committee.
16851685 (c) A committee's failure to comply with this section is not
16861686 subject to a point of order.
16871687 Sec. 19. RECORDING OF TESTIMONY. All testimony before
16881688 committees and subcommittees shall be electronically recorded
16891689 under the direction of the Committee on House Administration.
16901690 Copies of the testimony may be released under guidelines
16911691 promulgated by the Committee on House Administration.
1692- Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
1693- Committee on House Administration shall ensure that an audio and
1694- video recording of any public hearing, formal meeting, or work
1695- session of the Committee on Appropriations or a subcommittee of the
1696- Committee on Appropriations is made available to the public on the
1697- Internet in a timely manner.
1698- (b) To the extent that current technological capabilities
1699- prohibit immediate implementation of this section, the Committee on
1700- House Administration shall use the committee's best efforts to
1701- conform to the requirements of this section as soon as practicable.
17021692 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
17031693 coordinator, under the direction of the Committee on House
17041694 Administration, shall prescribe the form of a sworn statement,
17051695 which may be in electronic or paper format, to be executed by all
17061696 persons, other than members, who wish to be recognized by the chair
17071697 to address the committee. The statement shall provide for showing
17081698 at least:
17091699 (1) the committee or subcommittee;
17101700 (2) the name, address, and telephone number of the
17111701 person appearing;
17121702 (3) the person, firm, corporation, class, or group
17131703 represented;
17141704 (4) the type of business, profession, or occupation in
17151705 which the person is engaged, if the person is representing himself
17161706 or herself; and
17171707 (5) the matter before the committee on which the
17181708 person wishes to be recognized to address the committee and whether
17191709 for, against, or neutral on the matter.
17201710 (b) No person shall be recognized by the chair to address
17211711 the committee in favor of, in opposition to, or without taking a
17221712 position on a matter until the sworn statement has been filed with
17231713 the chair of the committee. The chair of the committee shall
17241714 indicate whether the person completing the statement was recognized
17251715 to address the committee.
17261716 (c) Sworn statements submitted in paper format for those
17271717 persons recognized by the chair to address the committee shall
17281718 accompany the copy of the minutes of the meeting filed with the
17291719 committee coordinator.
17301720 (d) All persons, other than members, recognized by the chair
17311721 to address the committee shall give their testimony under oath, and
17321722 each committee may avail itself of additional powers and
17331723 prerogatives authorized by law.
17341724 (e) The committee shall ensure that an individual who is
17351725 blind receives any necessary assistance in executing the sworn
17361726 statement.
17371727 (f) The committee shall inform a witness who is blind which
17381728 members of the committee are present when the witness begins to
17391729 testify and shall inform the witness during the testimony of the
17401730 departure and arrival of committee members.
17411731 (g) The chair may recognize a witness who has been invited
17421732 by the committee to attend the meeting but is not present in the
17431733 same physical location as the committee to testify before the
17441734 committee through an Internet or other videoconferencing system if:
17451735 (1) the witness has executed a sworn statement, in
17461736 electronic or paper format, under this section;
17471737 (2) the witness has filed the statement or a copy of
17481738 the statement with the chair before testifying; and
17491739 (3) two-way communication has been enabled to allow
17501740 the witness to be clearly visible and audible to the committee
17511741 members and the committee members to be clearly visible and audible
17521742 to the witness.
17531743 (h) A person who serves as a translator, including an
17541744 interpreter, for a witness before a committee must execute a form
17551745 prescribed by the committee coordinator, under the direction of the
17561746 Committee on House Administration. The form must at least include
17571747 the name of the translator [interpreter] and the name of the witness
17581748 whom the translator [interpreter] is serving.
17591749 [Sec. 20A. VIDEO TESTIMONY. The committee coordinator
17601750 shall examine the feasibility of, and to the extent practicable at
17611751 the time the committee coordinator determines appropriate,
17621752 establish procedures to permit a person to submit testimony
17631753 relating to measures under consideration by a committee to the
17641754 committee in the form of an online video. The procedures
17651755 established must ensure that testimony submitted in the form of a
17661756 video is available to the public on the Internet. Online video
17671757 testimony submitted to the committee may not exceed three minutes.
17681758 Unless the person testifies as a witness in a public hearing, a
17691759 person appearing in online video testimony may not submit a witness
17701760 affirmation form and the person's name may not appear on a witness
17711761 list.]
17721762 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
17731763 By a record vote of not less than two-thirds of those present and
17741764 voting, a quorum being present, each standing committee shall have
17751765 the power and authority to issue process to witnesses at any place
17761766 in the State of Texas, to compel their attendance, and to compel the
17771767 production of all books, records, and instruments. If necessary to
17781768 obtain compliance with subpoenas or other process, the committee
17791769 shall have the power to issue writs of attachment. All process
17801770 issued by the committee may be addressed to and served by an agent
17811771 of the committee or a sergeant-at-arms appointed by the committee
17821772 or by any peace officer of the State of Texas. The committee shall
17831773 also have the power to cite and have prosecuted for contempt, in the
17841774 manner provided by law, anyone disobeying the subpoenas or other
17851775 process lawfully issued by the committee. The chair of the
17861776 committee shall issue, in the name of the committee, the subpoenas
17871777 and other process as the committee may direct.
17881778 (b) The chair may summon the governing board or other
17891779 representatives of a state agency to appear and testify before the
17901780 committee without issuing process under Subsection (a) of this
17911781 section. The summons may be communicated in writing, orally, or
17921782 electronically. If the persons summoned fail or refuse to appear,
17931783 the committee may issue process under Subsection (a) of this
17941784 section.
17951785 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
17961786 prior approval by the Committee on House Administration, witnesses
17971787 attending proceedings of any committee under process of the
17981788 committee shall be allowed the same mileage and per diem as are
17991789 allowed members of the committee when in a travel status, to be paid
18001790 out of the contingent expense fund of the house of representatives
18011791 on vouchers approved by the chair of the committee, the chair of the
18021792 Committee on House Administration, and the speaker of the house.
18031793 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
18041794 Each committee is authorized to request the assistance, when
18051795 needed, of all state departments, agencies, and offices, and it
18061796 shall be the duty of the departments, agencies, and offices to
18071797 assist the committee when requested to do so. Each committee shall
18081798 have the power and authority to inspect the records, documents, and
18091799 files of every state department, agency, and office, to the extent
18101800 necessary to the discharge of its duties within the area of its
18111801 jurisdiction.
18121802 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
18131803 meeting of a committee, the chair may recognize a member of the
18141804 house who is not a member of the committee to provide information to
18151805 the committee, and may recognize a member of the senate for that
18161806 purpose. Recognition is solely within the discretion of the chair
18171807 and is not subject to appeal by that member.
18181808 CHAPTER C. COMMITTEE FUNCTIONS
18191809 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
18201810 by subcommittees, are hereby authorized to conduct studies that are
18211811 authorized by the speaker pursuant to Rule 1, Section 17. Studies
18221812 may not be authorized by resolution. The speaker may appoint public
18231813 citizens and officials of state and local governments to standing
18241814 committees to augment the membership for the purpose of interim
18251815 studies and shall provide a list of such appointments to the chief
18261816 clerk. The chair of the standing committee shall have authority to
18271817 name the subcommittees necessary and desirable for the conduct of
18281818 the interim studies and shall also prepare a budget for interim
18291819 studies for approval by the Committee on House Administration.
18301820 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
18311821 CALENDAR. No motion is in order in a committee considering a bill,
18321822 resolution, or other matter that would prevent the committee from
18331823 reporting it back to the house or placing it on a calendar in
18341824 accordance with the Rules of the House.
18351825 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
18361826 committee on bills or resolutions referred to it shall be
18371827 considered as final unless it is in the form of a favorable report,
18381828 an unfavorable report, or a report of inability to recommend a
18391829 course of action.
18401830 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
18411831 committee to report favorably or unfavorably must receive
18421832 affirmative majority votes, majority negative votes to either
18431833 motion being insufficient to report. If a committee is unable to
18441834 agree on a recommendation for action, as in the case of a tie vote,
18451835 it should submit a statement of this fact as its report, and the
18461836 house shall decide, by a majority vote, the disposition of the
18471837 matter by one of the following alternatives:
18481838 (1) leave the bill in the committee for further
18491839 consideration;
18501840 (2) refer the bill to some other committee; or
18511841 (3) order the bill printed, in which case the bill
18521842 shall go to the Committee on Calendars for placement on a calendar
18531843 and for proposal of an appropriate rule for house consideration.
18541844 Sec. 28. MINORITY REPORTS. The report of a minority of a
18551845 committee shall be made in the same general form as a majority
18561846 report. No minority report shall be recognized by the house unless
18571847 it has been signed by not less than 4 members of a committee
18581848 consisting of 21 or more members, 3 members of a committee
18591849 consisting of less than 21 members and more than 10 members, or 2
18601850 members of a committee consisting of 10 or less members. Only
18611851 members who were present when the vote was taken on the bill,
18621852 resolution, or other matter being reported, and who voted on the
18631853 losing side, may sign a minority report. Notice of intention to
18641854 file a minority report shall be given to the assembled committee
18651855 after the vote on the bill, resolution, or other matter, and before
18661856 the recess or adjournment of the committee, provided ample
18671857 opportunity is afforded for the giving of notice; otherwise, notice
18681858 may be given in writing to the chief clerk within 24 hours after the
18691859 recess or adjournment of the committee.
18701860 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
18711861 majority report on a bill is unfavorable, and a favorable minority
18721862 report is not signed in accordance with Section 28 of this rule and
18731863 filed with the chief clerk within two calendar days, exclusive of
18741864 Sunday and the date of committee action, the chief clerk shall file
18751865 the bill away as dead; except during the last 15 calendar days of a
18761866 regular session, or the last 7 calendar days of a special session,
18771867 when the chief clerk shall hold a bill only one calendar day,
18781868 exclusive of Sunday and the date of committee action, awaiting the
18791869 filing of a minority report before the bill is filed away as dead.
18801870 If the favorable minority report is properly signed and filed, the
18811871 chief clerk shall hold the bill for five legislative days,
18821872 exclusive of the legislative day in which the minority report was
18831873 filed, awaiting adoption by the house of a motion to print the bill
18841874 on minority report. If the motion to print is carried, the bill
18851875 shall be printed as if it had been reported favorably, and shall
18861876 then be immediately forwarded to the Committee on Calendars for
18871877 placement on a calendar and for proposal of an appropriate rule for
18881878 house consideration. If a motion to print a bill on minority report
18891879 is not made within the five legislative days authorized above, the
18901880 chief clerk shall file the bill away as dead. It shall not be in
18911881 order to move to recommit a bill adversely reported with no minority
18921882 report, except as provided in Section 30 of this rule. A two-thirds
18931883 vote of the house shall be required to print on minority report a
18941884 joint resolution proposing an amendment to the Constitution of
18951885 Texas.
18961886 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
18971887 AUTHOR. No adverse report shall be made on any bill or resolution
18981888 by any committee without first giving the author or sponsor of the
18991889 bill an opportunity to be heard. If it becomes evident to the house
19001890 that a bill has been reported adversely without the author or
19011891 sponsor having had an opportunity to be heard as provided in this
19021892 section, the house may, by a majority vote, order the bill
19031893 recommitted even though no minority report was filed in the manner
19041894 prescribed by the rules. This provision shall have precedence over
19051895 Rule 7, Section 20.
19061896 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
19071897 reported adversely, it shall be subject to the same rules that
19081898 govern other bills reported adversely.
19091899 Sec. 32. FORM OF REPORTS. (a) Reports of standing
19101900 committees on bills and resolutions shall be made in duplicate,
19111901 with one copy to be filed with the journal clerk for printing in the
19121902 journal and the other to accompany the original bill.
19131903 (b) All committee reports must be in writing and shall:
19141904 (1) be signed by the chair, or the member acting as
19151905 chair, or a majority of the membership of the committee;
19161906 (2) be addressed to the speaker;
19171907 (3) contain a statement of the recommendations of the
19181908 committee with reference to the matter which is the subject of the
19191909 report;
19201910 (4) contain the date the committee made its
19211911 recommendation;
19221912 (5) indicate whether a copy of a bill or resolution was
19231913 forwarded to the Legislative Budget Board for preparation of a
19241914 fiscal note or other impact statement, if applicable;
19251915 (6) contain the record vote by which the report was
19261916 adopted, including the vote of each member of the committee;
19271917 (7) contain the recommendation that the bill or
19281918 resolution be sent to the Committee on Local and Consent Calendars
19291919 for placement on the local, consent, and resolutions calendar if
19301920 applicable;
19311921 (8) state the name of the primary house sponsor of all
19321922 senate bills and resolutions and indicate the names of all joint
19331923 sponsors or cosponsors;
19341924 (9) include a summary of the committee hearing on the
19351925 bill or resolution;
19361926 (10) include a list of the names of the persons, other
19371927 than members of the legislature, and persons or entities
19381928 represented by those persons, who submitted to the committee sworn
19391929 statements indicating that the persons were present in favor of, in
19401930 opposition to, or without taking a position on the bill or
19411931 resolution. The omission from the list of the name of a person who
19421932 submitted a sworn statement regarding a bill or resolution but who
19431933 was not recognized by the chair to address the committee is not a
19441934 sustainable question of order;
19451935 (11) for a joint resolution proposing a constitutional
19461936 amendment, include the bill number of any enabling legislation for
19471937 the constitutional amendment designated as such by the author or
19481938 sponsor of the joint resolution;
19491939 (12) for a bill that is designated by the author or
19501940 sponsor of the bill as enabling legislation for a constitutional
19511941 amendment proposed by a joint resolution, include the number of the
19521942 joint resolution; and
19531943 (13) contain a copy of each form executed by a
19541944 translator [an interpreter] for a witness as required by Section
19551945 20(h) of this rule.
19561946 (c) Except for the general appropriations bill, each
19571947 committee report on a bill or joint resolution, including a
19581948 complete committee substitute, and, to the extent considered
19591949 necessary by the committee, a committee report on any other
19601950 resolution, must include in summary or section-by-section form a
19611951 detailed analysis of the subject matter of the bill or resolution,
19621952 specifically including:
19631953 (1) background information on the proposal and
19641954 information on what the bill or resolution proposes to do;
19651955 (2) an analysis of the content of the bill or
19661956 resolution, including a separate statement that lists each statute
19671957 or constitutional provision that is expressly repealed by the bill
19681958 or resolution;
19691959 (3) a statement indicating whether or not any
19701960 rulemaking authority is expressly delegated to a state officer,
19711961 department, agency, or institution, and, if so, identifying the
19721962 sections of the measure in which that rulemaking authority is
19731963 delegated;
19741964 (4) a statement indicating whether or not the bill or
19751965 resolution expressly creates a criminal offense, expressly
19761966 increases the punishment for an existing criminal offense or
19771967 category of offenses, or expressly changes the eligibility of a
19781968 person for community supervision, parole, or mandatory
19791969 supervision;
19801970 (5) a statement of substantial differences between a
19811971 complete committee substitute and the original bill; and
19821972 (6) a brief explanation of each amendment adopted by
19831973 the committee.
19841974 (d) The [author of a bill or resolution for which an
19851975 analysis is required by Subsection (c) of this section and the]
19861976 committee to which the bill or resolution is referred may request
19871977 the Texas Legislative Council to prepare the analysis required by
19881978 Subsection (c) of this section. [The Texas Legislative Council
19891979 shall provide to the author of a house measure or sponsor of a
19901980 senate measure a copy of an analysis requested under this
19911981 subsection at the time the analysis is provided to the staff of the
19921982 committee.]
19931983 (e) A [Except for an analysis prepared by the Texas
19941984 Legislative Council, a] committee chair shall provide to the author
19951985 of a house measure [or sponsor of a senate measure] a copy of the
19961986 analysis required by Subsection (c) of this section as soon as the
19971987 analysis is complete.
19981988 (f) The author of a bill or resolution may request that an
19991989 analysis prepared for purposes of this section include a statement
20001990 written by the author that includes any additional information that
20011991 the author considers appropriate.
20021992 (g) It shall be the duty of the committee chair, on all
20031993 matters reported by the committee, to see that all provisions of
20041994 Rule 12 are satisfied. The chair shall strictly construe this
20051995 provision to achieve the desired purposes.
20061996 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
20071997 committee determines that a bill or joint resolution, other than
20081998 the general appropriations bill, authorizes or requires the
20091999 expenditure or diversion of state funds for any purpose, the chair
20102000 shall send a copy of the measure to the Legislative Budget Board for
20112001 the preparation of a fiscal note outlining the fiscal implications
20122002 and probable cost of the measure.
20132003 (b) If the chair of a standing committee determines that a
20142004 bill or joint resolution has statewide impact on units of local
20152005 government of the same type or class and authorizes or requires the
20162006 expenditure or diversion of local funds, or creates or impacts a
20172007 local tax, fee, license charge, or penalty, the chair shall send a
20182008 copy of the measure to the Legislative Budget Board for the
20192009 preparation of a fiscal note outlining the fiscal implications and
20202010 probable cost of the measure.
20212011 (c) In preparing a fiscal note, the director of the
20222012 Legislative Budget Board may utilize information or data supplied
20232013 by any person, agency, organization, or governmental unit that the
20242014 director deems reliable. If the director determines that the fiscal
20252015 implications of the measure cannot be ascertained, the director
20262016 shall so state in the fiscal note, shall when reasonably
20272017 ascertainable provide an estimated range of the fiscal
20282018 implications, and shall include in the note a statement of the
20292019 reasons the director is unable to ascertain the fiscal implications
20302020 of the measure, in which case the fiscal note shall be in full
20312021 compliance with the rules. If the director of the Legislative
20322022 Budget Board is unable to acquire or develop sufficient information
20332023 to prepare the fiscal note within 15 days of receiving the measure
20342024 from the chair of a committee, the director shall so state in the
20352025 fiscal note, shall when reasonably ascertainable provide an
20362026 estimated range of the fiscal implications, and shall include in
20372027 the note a statement of the reasons the director is unable to
20382028 acquire or develop sufficient information, in which case the note
20392029 shall be in full compliance with the rules.
20402030 (d) If the chair determines that a fiscal note is required,
20412031 copies of the fiscal note must be distributed to the members of the
20422032 committee not later than the first time the measure is laid out in a
20432033 committee meeting. The fiscal note shall be attached to the measure
20442034 on first printing. If the measure is amended by the committee so as
20452035 to alter its fiscal implications, the chair shall obtain an updated
20462036 fiscal note, which shall also be attached to the measure on first
20472037 printing.
20482038 (e) All fiscal notes shall remain with the measure
20492039 throughout the entire legislative process, including submission to
20502040 the governor.
20512041 (f) All fiscal notes must include in the summary box on the
20522042 first page of the fiscal note a statement that indicates whether the
20532043 bill or joint resolution will have fiscal implications or probable
20542044 costs in any year.
20552045 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
20562046 this section that all members of the house are timely informed as to
20572047 the impact of proposed legislation on the state or other unit of
20582048 government.
20592049 (a-1) The chair of the appropriations committee shall send a
20602050 copy of the general appropriations bill to the Legislative Budget
20612051 Board for the preparation of a dynamic economic impact statement,
20622052 specifically including the number of state employees to be affected
20632053 and the estimated impact on employment by the private sector and
20642054 local governments in Texas as a result of any change in state
20652055 expenditures made by the bill as compared to the biennium preceding
20662056 the biennium to which the bill applies.
20672057 (b) If the chair of a standing committee determines that a
20682058 bill or joint resolution:
20692059 (1) authorizes or requires a change in the sanctions
20702060 applicable to adults convicted of felony crimes, the chair shall
20712061 send a copy of the measure to the Legislative Budget Board for the
20722062 preparation of a criminal justice policy impact statement;
20732063 (2) authorizes or requires a change in the public
20742064 school finance system, the chair shall send a copy of the measure to
20752065 the Legislative Budget Board for the preparation of an equalized
20762066 education funding impact statement;
20772067 (3) proposes to change benefits or participation in
20782068 benefits of a public retirement system or change the financial
20792069 obligations of a public retirement system, the chair shall send a
20802070 copy of the measure to the Legislative Budget Board for the
20812071 preparation of an actuarial impact statement in cooperation with
20822072 the State Pension Review Board;
20832073 (4) proposes to create a water district under the
20842074 authority of Article XVI, Section 59, of the Texas Constitution,
20852075 the chair shall send a copy of the measure to the Legislative Budget
20862076 Board for the preparation of a water development policy impact
20872077 statement; or
20882078 (5) creates or impacts a state tax or fee, the chair
20892079 shall send a copy of the measure to the Legislative Budget Board for
20902080 the preparation of a tax equity note that estimates the general
20912081 effects of the proposal on the distribution of tax and fee burdens
20922082 among individuals and businesses.
20932083 (c) In preparing an impact statement, the director of the
20942084 Legislative Budget Board may utilize information or data supplied
20952085 by any person, agency, organization, or governmental unit that the
20962086 director deems reliable. If the director determines that the
20972087 particular implications of the measure cannot be ascertained, the
20982088 director shall so state in the impact statement, in which case the
20992089 impact statement shall be in full compliance with the rules.
21002090 (d) An impact statement is not required to be present before
21012091 a measure is laid out in a committee meeting. If timely received,
21022092 the impact statement shall be attached to the measure on first
21032093 printing. If the measure is amended by the committee so as to alter
21042094 its particular implications, the chair shall obtain an updated
21052095 impact statement. If timely received, the updated impact statement
21062096 shall also be attached to the measure on first printing.
21072097 (e) An impact statement that is received after the first
21082098 printing of a measure has been distributed to the members shall be
21092099 forwarded by the chair of the committee to the committee
21102100 coordinator. The committee coordinator shall have the impact
21112101 statement printed and distributed to the members.
21122102 (f) All impact statements received shall remain with the
21132103 measure throughout the entire legislative process, including
21142104 submission to the governor.
21152105 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
21162106 RESOLUTIONS. Committee reports on house and concurrent
21172107 resolutions shall be made in the same manner and shall follow the
21182108 same procedure as provided for bills, subject to any differences
21192109 otherwise authorized or directed by the rules.
21202110 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
21212111 action by the house is necessary on the report of a standing
21222112 committee. The bill, resolution, or proposition recommended or
21232113 reported by the committee shall automatically be before the house
21242114 for its consideration after the bill or resolution has been
21252115 referred to the appropriate calendars committee for placement on a
21262116 calendar and for proposal of an appropriate rule for house
21272117 consideration.
21282118 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
21292119 committee reports on bills or resolutions shall be immediately
21302120 referred to the committee coordinator. The chair of the committee
21312121 shall be responsible for delivery of the report to the committee
21322122 coordinator.
21332123 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
21342124 COMMITTEES. After printing, the chief clerk shall be responsible
21352125 for delivery of a certified copy of the committee report to the
21362126 appropriate calendars committee, which committee shall immediately
21372127 accept the bill or resolution for placement on a calendar and for
21382128 the proposal of an appropriate rule for house consideration.
21392129 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
21402130 shall provide notice to each member at the member's designated
21412131 Capitol e-mail address when a committee report under Section 38 of
21422132 this rule on a bill extending an agency, commission, or advisory
21432133 committee under the Texas Sunset Act has been printed or posted and
21442134 is available to be distributed to the appropriate calendars
21452135 committee.
21462136 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
21472137 power to amend, delete, or change in any way the nature, purpose, or
21482138 content of any bill or resolution referred to it, but may draft and
21492139 recommend amendments to it, which shall become effective only if
21502140 adopted by a majority vote of the house.
21512141 Sec. 40. SUBSTITUTES. The committee may adopt and report a
21522142 complete germane committee substitute containing the title,
21532143 enacting clause, and text of the bill in lieu of an original bill,
21542144 in which event the complete substitute bill on committee report
21552145 shall be laid before the house and shall be the matter then before
21562146 the house for its consideration, instead of the original bill. If
21572147 the substitute bill is defeated at any legislative stage, the bill
21582148 is considered not passed.
21592149 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
21602150 raised that a complete committee substitute is not germane, in
21612151 whole or in part, and the point of order is sustained, the committee
21622152 substitute shall be returned to the Committee on Calendars, which
21632153 may have the original bill printed and distributed and placed on a
21642154 calendar in lieu of the substitute or may return the original bill
21652155 to the committee from which it was reported for further action.
21662156 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
21672157 REPORT. Should the author or sponsor of the bill, resolution, or
21682158 other proposal not be satisfied with the final recommendation or
21692159 form of the committee report, the member shall have the privilege of
21702160 offering on the floor of the house such amendments or changes as he
21712161 or she considers necessary and desirable, and those amendments or
21722162 changes shall be given priority during the periods of time when
21732163 original amendments are in order under the provisions of Rule 11,
21742164 Section 7.
21752165 CHAPTER D. SUBCOMMITTEES
21762166 Sec. 43. JURISDICTION. Each committee is authorized to
21772167 conduct its activities and perform its work through the use of
21782168 subcommittees as shall be determined by the chair of the committee.
21792169 Subcommittees shall be created, organized, and operated in such a
21802170 way that the subject matter and work area of each subcommittee shall
21812171 be homogeneous and shall pertain to related governmental
21822172 activities. The size and jurisdiction of each subcommittee shall
21832173 be determined by the chair of the committee.
21842174 Sec. 44. MEMBERSHIP. The chair of each standing committee
21852175 shall appoint from the membership of the committee the members who
21862176 are to serve on each subcommittee. Any vacancy on a subcommittee
21872177 shall be filled by appointment of the chair of the standing
21882178 committee. The chair and vice-chair of each subcommittee shall be
21892179 named by the chair of the committee.
21902180 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
21912181 Procedure of the House of Representatives, to the extent
21922182 applicable, shall govern the hearings and operations of each
21932183 subcommittee. Subject to the foregoing, and to the extent
21942184 necessary for orderly transaction of business, each subcommittee
21952185 may promulgate and adopt additional rules and procedures by which
21962186 it will function.
21972187 Sec. 46. QUORUM. A majority of a subcommittee shall
21982188 constitute a quorum, and no action or recommendation of a
21992189 subcommittee shall be valid unless taken at a meeting with a quorum
22002190 actually present. All reports of a subcommittee must be approved by
22012191 record vote by a majority of the membership of the subcommittee.
22022192 Minutes of the subcommittee shall be maintained in a manner similar
22032193 to that required by the rules for standing committees. Proxies
22042194 cannot be used in subcommittees.
22052195 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
22062196 the area of its jurisdiction, shall have all of the power,
22072197 authority, and rights granted by the Rules of Procedure of the House
22082198 of Representatives to the standing committee, except subpoena
22092199 power, to the extent necessary to discharge the duties and
22102200 responsibilities of the subcommittee.
22112201 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
22122202 SUBCOMMITTEE. All bills and resolutions referred to a standing
22132203 committee shall be reviewed by the chair to determine appropriate
22142204 disposition of the bills and resolutions. All bills and
22152205 resolutions shall be considered by the entire standing committee
22162206 unless the chair of that standing committee determines to refer the
22172207 bills and resolutions to subcommittee. If a bill or resolution is
22182208 referred by the chair of the standing committee to a subcommittee,
22192209 it shall be considered by the subcommittee in the same form in which
22202210 the measure was referred to the standing committee, and any action
22212211 taken by the standing committee on a proposed amendment or
22222212 committee substitute before a measure is referred to subcommittee
22232213 is therefore voided at the time the measure is referred to
22242214 subcommittee. The subcommittee shall be charged with the duty and
22252215 responsibility of conducting the hearing, doing research, and
22262216 performing such other functions as the subcommittee or its parent
22272217 standing committee may determine. All meetings of the subcommittee
22282218 shall be scheduled by the subcommittee chair, with appropriate
22292219 public notice and notification of each member of the subcommittee
22302220 under the same rules of procedure as govern the conduct of the
22312221 standing committee.
22322222 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
22332223 deliberations on a bill, resolution, or other matter referred to
22342224 it, the subcommittee may prepare a written report, comprehensive
22352225 in nature, for submission to the full committee. The report shall
22362226 include background material as well as recommended action and shall
22372227 be accompanied by a complete draft of the bill, resolution, or other
22382228 proposal in such form as the subcommittee shall determine.
22392229 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
22402230 reports shall be directed to the chair of the committee, who shall
22412231 schedule meetings of the standing committee from time to time as
22422232 necessary and appropriate for the reception of subcommittee reports
22432233 and for action on reports by the standing committee. No
22442234 subcommittee report shall be scheduled for action by the standing
22452235 committee until at least 24 hours after a copy of the subcommittee
22462236 report is provided to each member of the standing committee.
22472237 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
22482238 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
22492239 HOUSE. The house may resolve itself into a committee of the whole
22502240 house to consider any matter referred to it by the house. In
22512241 forming a committee of the whole house, the speaker shall vacate the
22522242 chair and shall appoint a chair to preside in committee.
22532243 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
22542244 the proceedings of the house and those governing committees shall
22552245 be observed in committees of the whole, to the extent that they are
22562246 applicable.
22572247 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
22582248 WHOLE. (a) It shall be in order to move a call of the committee of
22592249 the whole at any time to secure and maintain a quorum for the
22602250 following purposes:
22612251 (1) for the consideration of a certain or specific
22622252 matter; or
22632253 (2) for a definite period of time; or
22642254 (3) for the consideration of any designated class of
22652255 bills.
22662256 (b) When a call of the committee of the whole is moved and
22672257 seconded by 10 members, of whom the chair may be one, and is ordered
22682258 by majority vote, the main entrance of the hall and all other doors
22692259 leading out of the hall shall be locked, and no member shall be
22702260 permitted to leave the hall without written permission. Other
22712261 proceedings under a call of the committee shall be the same as under
22722262 a call of the house.
22732263 Sec. 54. HANDLING OF A BILL. A bill committed to a
22742264 committee of the whole house shall be handled in the same manner as
22752265 in any other committee. The body of the bill shall not be defaced or
22762266 interlined, but all amendments shall be duly endorsed by the chief
22772267 clerk as they are adopted by the committee, and so reported to the
22782268 house. When a bill is reported by the committee of the whole house
22792269 it shall be referred immediately to the appropriate calendars
22802270 committee for placement on the appropriate calendar and shall
22812271 follow the same procedure as any other bill on committee report.
22822272 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
22832273 event that the committee of the whole, at any sitting, fails to
22842274 complete its work on any bill or resolution under consideration for
22852275 lack of time, or desires to take any action on that measure that is
22862276 permitted under the rules for other committees, it may, on a motion
22872277 made and adopted by majority vote, rise, report progress, and ask
22882278 leave of the house to sit again generally, or at a time certain.
22892279 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
22902280 committees made during a session shall be filed with the chief clerk
22912281 and printed in the journal, unless otherwise determined by the
22922282 house.
22932283 CHAPTER F. INTERIM STUDY COMMITTEES
22942284 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
22952285 the speaker may create interim study committees to conduct studies
22962286 by issuing a proclamation for each committee, which shall specify
22972287 the issue to be studied, committee membership, and any additional
22982288 authority and duties. A copy of each proclamation creating an
22992289 interim study committee shall be filed with the chief clerk. An
23002290 interim study committee expires on release of its final report or
23012291 when the next legislature convenes, whichever is earlier. An
23022292 interim study committee may not be created by resolution.
23032293 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
23042294 appoint all members of an interim study committee, which may
23052295 include public citizens and officials of state and local
23062296 governments. The speaker shall also designate the chair and
23072297 vice-chair and may authorize the chair to create subcommittees and
23082298 appoint citizen advisory committees.
23092299 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
23102300 the proceedings of the house and those governing standing
23112301 committees shall be observed by an interim study committee, to the
23122302 extent that they are applicable. An interim study committee shall
23132303 have the power to issue process and to request assistance of state
23142304 agencies as provided for a standing committee in Sections 21, 22,
23152305 and 23 of this rule.
23162306 Sec. 60. FUNDING AND STAFF. An interim study committee
23172307 shall use existing staff resources of its members, standing
23182308 committees, house offices, and legislative service agencies. The
23192309 chair of an interim study committee shall prepare a detailed budget
23202310 for approval by the speaker and the Committee on House
23212311 Administration. An interim study committee may accept gifts,
23222312 grants, and donations for the purpose of funding its activities as
23232313 provided by Sections 301.032(b) and (c), Government Code.
23242314 Sec. 61. STUDY REPORTS. (a) The final report or
23252315 recommendations of an interim study committee shall be approved by
23262316 a majority of the committee membership. Dissenting members may
23272317 attach statements to the final report.
23282318 (b) An interim study committee shall submit the committee's
23292319 final report to the committee coordinator in the manner prescribed
23302320 by the committee coordinator. The committee coordinator shall:
23312321 (1) distribute copies of the final report to the
23322322 speaker, the Legislative Reference Library, and other appropriate
23332323 agencies; and
23342324 (2) make a copy of the final report available on the
23352325 house's Internet website.
23362326 (c) This section shall also apply to interim study reports
23372327 of standing committees.
23382328 Sec. 62. JOINT HOUSE AND SENATE INTERIM
23392329 STUDIES. Procedures may be established by a concurrent resolution
23402330 adopted by both houses, by which the speaker may authorize and
23412331 appoint, jointly with the senate, committees to conduct interim
23422332 studies. A copy of the authorization for and the appointments to a
23432333 joint interim study committee shall be filed with the chief clerk.
23442334 Individual joint interim study committees may not be authorized or
23452335 created by resolution.
23462336 RULE 5. FLOOR PROCEDURE
23472337 CHAPTER A. QUORUM AND ATTENDANCE
23482338 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
23492339 quorum to do business.
23502340 Sec. 2. ROLL CALLS. On every roll call or registration,
23512341 the names of the members shall be called or listed, as the case may
23522342 be, alphabetically by surname, except when two or more have the same
23532343 surname, in which case the initials of the members shall be added.
23542344 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
23552345 from the sessions of the house without leave, and no member shall be
23562346 excused on his or her own motion.
23572347 (b) A leave of absence may be granted by a majority vote of
23582348 the house and may be revoked at any time by a similar vote.
23592349 (c) Any member granted a leave of absence due to a meeting of
23602350 a committee or conference committee that has authority to meet
23612351 while the house is in session shall be so designated on each roll
23622352 call or registration for which that member is excused.
23632353 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
23642354 present and fails or refuses to record on a roll call after being
23652355 requested to do so by the speaker shall be recorded as present by
23662356 the speaker and shall be counted for the purpose of making a quorum.
23672357 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
23682358 order of "No Quorum" shall not be accepted by the chair if the last
23692359 roll call showed the presence of a quorum, provided the last roll
23702360 call was taken within two hours of the time the point of order is
23712361 raised.
23722362 (b) If the last roll call was taken more than two hours
23732363 before the point of order is raised, it shall be in order for the
23742364 member who raised the point of order to request a roll call. Such a
23752365 request must be seconded by 25 members. If the request for a roll
23762366 call is properly seconded, the chair shall order a roll call.
23772367 (c) Once a point of order has been made that a quorum is not
23782368 present, it may not be withdrawn after the absence of a quorum has
23792369 been ascertained and announced.
23802370 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
23812371 registration or record vote reveals that a quorum is not present,
23822372 only a motion to adjourn or a motion for a call of the house and the
23832373 motions incidental thereto shall be in order.
23842374 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
23852375 to move a call of the house at any time to secure and maintain a
23862376 quorum for one of the following purposes:
23872377 (1) for the consideration of a specific bill,
23882378 resolution, motion, or other measure;
23892379 (2) for the consideration of any designated class of
23902380 bills; or
23912381 (3) for a definite period of time.
23922382 Motions for, and incidental to, a call of the house are not
23932383 debatable.
23942384 Sec. 8. SECURING A QUORUM. When a call of the house is moved
23952385 for one of the above purposes and seconded by 15 members (of whom
23962386 the speaker may be one) and ordered by a majority vote, the main
23972387 entrance to the hall and all other doors leading out of the hall
23982388 shall be locked and no member permitted to leave the house without
23992389 the written permission of the speaker. The names of members present
24002390 shall be recorded. All absentees for whom no sufficient excuse is
24012391 made may, by order of a majority of those present, be sent for and
24022392 arrested, wherever they may be found, by the sergeant-at-arms or an
24032393 officer appointed by the sergeant-at-arms for that purpose, and
24042394 their attendance shall be secured and retained. The house shall
24052395 determine on what conditions they shall be discharged. Members who
24062396 voluntarily appear shall, unless the house otherwise directs, be
24072397 immediately admitted to the hall of the house and shall report their
24082398 names to the clerk to be entered in the journal as present.
24092399 Until a quorum appears, should the roll call fail to show one
24102400 present, no business shall be transacted, except to compel the
24112401 attendance of absent members or to adjourn. It shall not be in
24122402 order to recess under a call of the house.
24132403 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
24142404 shown to be present, the house may proceed with the matters on which
24152405 the call was ordered, or may enforce the call and await the
24162406 attendance of as many of the absentees as it desires. When the
24172407 house proceeds to the business on which the call was ordered, it
24182408 may, by a majority vote, direct the sergeant-at-arms to cease
24192409 bringing in absent members.
24202410 Sec. 10. REPEATING A RECORD VOTE. When a record vote
24212411 reveals the lack of a quorum, and a call is ordered to secure one, a
24222412 record vote shall again be taken when the house resumes business
24232413 with a quorum present.
24242414 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
24252415 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
24262416 persons shall be entitled to the privileges of the floor of the
24272417 house when the house is in session: members of the house; employees
24282418 of the house when performing their official duties as determined by
24292419 the Committee on House Administration; members of the senate;
24302420 employees of the senate when performing their official duties; the
24312421 Governor of Texas and the governor's executive and administrative
24322422 assistant; the lieutenant governor; the secretary of state; duly
24332423 accredited media representatives as permitted by Section 20 of this
24342424 rule; contestants in election cases pending before the house; and
24352425 immediate families of the members of the legislature on such
24362426 special occasions as may be determined by the Committee on House
24372427 Administration.
24382428 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
24392429 persons shall be admitted to the area on the floor of the house
24402430 enclosed by the railing when the house is in session: members of the
24412431 house; members of the senate; the governor; the lieutenant
24422432 governor; officers and employees of the senate and house when those
24432433 officers and employees are actually engaged in performing their
24442434 official duties as determined by the Committee on House
24452435 Administration; spouses of members of the house on such occasions
24462436 as may be determined by the Committee on House Administration; and,
24472437 within the area specifically designated for media representatives,
24482438 duly accredited media representatives as permitted by Section 20
24492439 of this rule.
24502440 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
24512441 and collectors shall not be admitted to the floor of the house while
24522442 the house is in session.
24532443 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
24542444 invite a person to address the house while it is in session shall be
24552445 in order only if the person invited is entitled to the privileges of
24562446 the floor as defined by Section 11 of this rule and if no business is
24572447 pending before the house.
24582448 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
24592449 a member of the legislature, who is lobbying or working for or
24602450 against any pending or prospective legislative measure shall be
24612451 permitted on the floor of the house or in the adjacent rooms while
24622452 the house is in session.
24632453 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
24642454 admitted to the floor of the house under the rules, except the
24652455 governor or a member of the legislature, lobbies or works for or
24662456 against any pending or prospective legislation or violates any of
24672457 the other rules of the house, the privileges extended to that person
24682458 under the rules shall be suspended by a majority vote of the
24692459 Committee on House Administration. The action of the committee
24702460 shall be reviewable by the house only if two members of the
24712461 committee request an appeal from the decision of the committee. The
24722462 request shall be in the form of a minority report and shall be
24732463 subject to the same rules that are applicable to minority reports on
24742464 bills. Suspension shall remain in force until the accused person
24752465 purges himself or herself and comes within the rules, or until the
24762466 house, by majority vote, reverses the action of the committee.
24772467 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
24782468 persons shall be admitted to the members lounge at any
24792469 time: members of the house; members of the senate; and former
24802470 members of the house and senate who are not engaged in any form of
24812471 employment requiring them to lobby or work for or against any
24822472 pending or prospective legislative measures.
24832473 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
24842474 shall be the duty of the Committee on House Administration to
24852475 determine what duties are to be discharged by officers and
24862476 employees of the house on the floor of the house, specifically in
24872477 the area enclosed by the railing, when the house is in session. It
24882478 shall be the duty of the speaker to see that the officers and
24892479 employees do not violate the regulations promulgated by the
24902480 Committee on House Administration.
24912481 Sec. 19. PROPER DECORUM. No person shall be admitted to,
24922482 or allowed to remain in, the house chamber while the house is in
24932483 session unless properly attired, and all gentlemen shall wear a
24942484 coat and tie. Food or beverage shall not be permitted in the house
24952485 chamber at any time, and no person carrying food or beverage shall
24962486 be admitted to the chamber, whether the house is in session or in
24972487 recess. Reading newspapers shall not be permitted in the house
24982488 chamber while the house is in session. Smoking is not permitted in
24992489 the member's lounge or bathrooms. The Committee on House
25002490 Administration shall designate an area for smoking that is easily
25012491 accessible to the house chamber.
25022492 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
25032493 is in session, no media representative shall be admitted to the
25042494 floor of the house or allowed its privileges unless the person is:
25052495 (1) employed by a print, broadcast, or Internet news
25062496 organization, or by a wire service serving those organizations:
25072497 (A) whose principal business is the periodic
25082498 dissemination of original news and opinion of interest to a broad
25092499 segment of the public;
25102500 (B) which has published or operated continuously
25112501 for 18 months; and
25122502 (C) whose publications or operations are
25132503 editorially independent of any institution, foundation, or
25142504 interest group that lobbies the government or that is not
25152505 principally a general news organization; and
25162506 (2) not engaged in any lobbying or paid advocacy,
25172507 advertising, publicity, or promotion work for any individual,
25182508 political party, corporation, organization, or government agency.
25192509 (b) Any media representative seeking admission to the floor
25202510 of the house under the provisions of this section must submit to the
25212511 Committee on House Administration:
25222512 (1) a notarized application in a form determined by
25232513 the committee; and
25242514 (2) a letter from the media representative's employer
25252515 certifying that:
25262516 (A) the media representative is engaged
25272517 primarily in reporting the sessions of the legislature; and
25282518 (B) no part of the media representative's salary
25292519 for legislative coverage is paid from a source other than the news
25302520 organization that employs the media representative.
25312521 (c) Regularly accredited media representatives who have
25322522 duly qualified under the provisions of this section may, when
25332523 requested to do so, make recommendations through their professional
25342524 committees to the Committee on House Administration as to the
25352525 sufficiency or insufficiency of the credentials of any person
25362526 seeking admission to the floor of the house under this section.
25372527 (d) If the Committee on House Administration determines
25382528 that a person's media credentials meet the requirements of this
25392529 section, the committee shall issue a pass card to the person. The
25402530 committee may impose a fee to cover the costs of issuing a pass
25412531 card. This pass card must be presented to the doorkeeper each time
25422532 the person seeks admission to the floor of the house while the house
25432533 is in session. Pass cards issued under this section shall not be
25442534 transferable. The failure of a media representative to maintain the
25452535 requirements of this section may result in the revocation of the
25462536 pass card. Persons admitted to the floor of the house pursuant to
25472537 the provisions of this section shall work in appropriate convenient
25482538 seats or work stations in the house, which shall be designated for
25492539 that purpose by the Committee on House Administration.
25502540 (e) Members of the house shall not engage in interviews and
25512541 press conferences on the house floor while the house is in session.
25522542 The Committee on House Administration is authorized to enforce this
25532543 provision and to prescribe such other regulations as may be
25542544 necessary and desirable to achieve these purposes.
25552545 (f) Permission to make live or recorded television, radio,
25562546 or Internet broadcasts in or from the house chamber while the house
25572547 is in session may be granted only by the Committee on House
25582548 Administration. The committee shall promulgate regulations
25592549 governing television, radio, or Internet broadcasts, and such
25602550 regulations shall be printed as an addendum to the rules of the
25612551 house. When broadcasts from the floor of the house are recommended
25622552 by the Committee on House Administration, the recommendation shall
25632553 identify those persons in the technical crews to whom pass cards to
25642554 the floor of the house and galleries are to be issued. Passes
25652555 granted under this authority shall be subject to revocation on the
25662556 recommendation of the Committee on House Administration. Each
25672557 committee of the house shall have authority to determine whether or
25682558 not to permit television, radio, or Internet broadcasts of any of
25692559 its proceedings.
25702560 (g) A member of the house who believes a media
25712561 representative granted privileges under this section does not meet
25722562 the requirements of this section or has abused the privileges may
25732563 submit a written complaint to the Committee on House
25742564 Administration. The committee shall investigate the complaint and
25752565 may temporarily suspend the media representative's privileges
25762566 pending the investigation. The committee shall notify the subject
25772567 of the complaint of the time and place of a hearing on the
25782568 complaint. Following the hearing, the media representative's
25792569 privileges granted under this section are revoked if the committee
25802570 determines that the allegations contained in the complaint are
25812571 valid.
25822572 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
25832573 HOUSE CHAMBER. When the house is not in session, the floor of the
25842574 house shall remain open on days and hours determined by the
25852575 Committee on House Administration. By resolution, the house may
25862576 open the floor of the house during its sessions for the inauguration
25872577 of the governor and lieutenant governor and for such other public
25882578 ceremonies as may be deemed warranted.
25892579 CHAPTER C. SPEAKING AND DEBATE
25902580 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
25912581 speak or deliver any matter to the house, the member shall rise and
25922582 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
25932583 on being recognized, may address the house from the microphone at
25942584 the reading clerk's desk, and shall confine all remarks to the
25952585 question under debate, avoiding personalities.
25962586 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
25972587 members rise at once, the speaker shall name the one who is to speak
25982588 first. This decision shall be final and not open to debate or
25992589 appeal.
26002590 Sec. 24. RECOGNITION. (a) Except as otherwise provided
26012591 by this section, there shall be no appeal from the speaker's
26022592 recognition, but the speaker shall be governed by rules and usage in
26032593 priority of entertaining motions from the floor. When a member
26042594 seeks recognition, the speaker may ask, "For what purpose does the
26052595 member rise?" or "For what purpose does the member seek
26062596 recognition?" and may then decide if recognition is to be granted,
26072597 except that the speaker shall recognize a member who seeks
26082598 recognition on a question of privilege.
26092599 (b) If the speaker denies recognition of a member who seeks
26102600 recognition on a question of privilege, other than a question of
26112601 privilege relating to the right of the house to remove the speaker
26122602 and elect a new speaker, the decision of recognition may be appealed
26132603 using the procedures provided in Rule 1, Section 9.
26142604 (c) If the speaker denies recognition of a member who seeks
26152605 recognition on a question of privilege relating to the right of the
26162606 house to remove the speaker and elect a new speaker, the member may
26172607 appeal the speaker's denial of recognition if the member submits to
26182608 the speaker a written request, signed by at least 76 members of the
26192609 house, to appeal the decision of recognition. Upon receiving a
26202610 request for appeal in accordance with this subsection, the speaker
26212611 shall announce the request to the house. The names of the members
26222612 who signed the request and the time that the announcement was made
26232613 shall be entered in the journal. The appeal of a decision of
26242614 recognition under this subsection is eligible for consideration 24
26252615 hours after the request for appeal has been announced in accordance
26262616 with this subsection. The appeal and consideration of the question
26272617 of privilege, if the appeal is successful, takes precedence over
26282618 all other questions except motions to adjourn.
26292619 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
26302620 member who has the floor shall not be interrupted by another member
26312621 for any purpose, unless he or she consents to yield to the other
26322622 member. A member desiring to interrupt another in debate should
26332623 first address the speaker for the permission of the member
26342624 speaking. The speaker shall then ask the member who has the floor
26352625 if he or she wishes to yield, and then announce the decision of that
26362626 member. The member who has the floor may exercise personal
26372627 discretion as to whether or not to yield, and it is entirely within
26382628 the member's discretion to determine who shall interrupt and when.
26392629 Sec. 26. YIELDING THE FLOOR. A member who obtains the
26402630 floor on recognition of the speaker may not be taken off the floor
26412631 by a motion, even the highly privileged motion to adjourn, but if
26422632 the member yields to another to make a motion or to offer an
26432633 amendment, he or she thereby loses the floor.
26442634 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
26452635 proposition, or the member reporting any measure from a committee,
26462636 or, in the absence of either of them, any other member designated by
26472637 such absentee, shall have the right to open and close the debate,
26482638 and for this purpose may speak each time not more than 20 minutes.
26492639 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
26502640 limited to 10 minutes in duration, except as provided in Section 27
26512641 of this rule, and the speaker shall call the members to order at the
26522642 expiration of their time. If the house by a majority vote extends
26532643 the time of any member, the extension shall be for 10 minutes only.
26542644 A second extension of time shall be granted only by unanimous
26552645 consent. During the last 10 calendar days of the regular session,
26562646 and the last 5 calendar days of a special session, Sundays excepted,
26572647 all speeches shall be limited to 10 minutes and shall not be
26582648 extended. The time limits established by this rule shall include
26592649 time consumed in yielding to questions from the floor.
26602650 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
26612651 speak more than twice on the same question without leave of the
26622652 house, nor more than once until every member choosing to speak has
26632653 spoken, nor shall any member be permitted to consume the time of
26642654 another member without leave of the house being given by a majority
26652655 vote.
26662656 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
26672657 pending question is not disposed of because of an adjournment of the
26682658 house, a member who has spoken twice on the subject shall not be
26692659 allowed to speak again without leave of the house.
26702660 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
26712661 a paper is called for, and objection is made, the matter shall be
26722662 determined by a majority vote of the house, without debate.
26732663 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
26742664 person shall pass between the front and back microphones during
26752665 debate or when a member has the floor and is addressing the house.
26762666 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
26772667 member, in speaking or otherwise, transgresses the rules of the
26782668 house, the speaker shall, or any member may, call the member to
26792669 order, in which case the member so called to order shall immediately
26802670 be seated; however, that member may move for an appeal to the house,
26812671 and if appeal is duly seconded by 10 members, the matter shall be
26822672 submitted to the house for decision by majority vote. In such
26832673 cases, the speaker shall not be required to relinquish the chair, as
26842674 is required in cases of appeals from the speaker's decisions. The
26852675 house shall, if appealed to, decide the matter without debate. If
26862676 the decision is in favor of the member called to order, the member
26872677 shall be at liberty to proceed; but if the decision is against the
26882678 member, he or she shall not be allowed to proceed, and, if the case
26892679 requires it, shall be liable to the censure of the house, or such
26902680 other punishment as the house may consider proper.
26912681 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
26922682 All proceedings of the house of representatives shall be
26932683 electronically recorded under the direction of the Committee on
26942684 House Administration. Copies of the proceedings may be released
26952685 under guidelines promulgated by the Committee on House
26962686 Administration.
26972687 (b) Archived video broadcasts of proceedings in the house
26982688 chamber that are available through the house's Internet or intranet
26992689 website may, under the direction of the Committee on House
27002690 Administration, include a link to the point in time in the video
27012691 where each measure under consideration by the house is laid out.
27022692 Such a link shall be provided as soon as the committee determines is
27032693 practical.
27042694 CHAPTER D. QUESTIONS OF PRIVILEGE
27052695 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
27062696 privilege shall be:
27072697 (1) those affecting the rights of the house
27082698 collectively, its safety and dignity, and the integrity of its
27092699 proceedings, including the right of the house to remove the speaker
27102700 and elect a new speaker; and
27112701 (2) those affecting the rights, reputation, and
27122702 conduct of members individually in their representative capacity
27132703 only.
27142704 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
27152705 of privilege shall have precedence over all other questions except
27162706 motions to adjourn. When in order, a member may address the house
27172707 on a question of privilege, or may at any time print it in the
27182708 journal, provided it contains no reflection on any member of the
27192709 house.
27202710 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
27212711 shall not be in order for a member to address the house on a question
27222712 of privilege:
27232713 (1) between the time an undebatable motion is offered
27242714 and the vote is taken on the motion;
27252715 (2) between the time the previous question is ordered
27262716 and the vote is taken on the last proposition included under the
27272717 previous question; or
27282718 (3) between the time a motion to table is offered and
27292719 the vote is taken on the motion.
27302720 (b) If a question of privilege relating to removal of the
27312721 speaker and election of a new speaker fails, a subsequent attempt to
27322722 remove the same speaker can be made only by reconsidering the vote
27332723 by which the original question of privilege failed. Such
27342724 reconsideration shall be subject to the rules of the house
27352725 governing reconsideration.
27362726 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
27372727 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
27382728 members must confine their remarks within the limits of Section 35
27392729 of this rule, which will be strictly construed to achieve the
27402730 purposes hereof.
27412731 (b) When a member is speaking on privilege, the member shall
27422732 not be interrupted by another member for any purpose. While the
27432733 member is speaking, another member may submit a question of order to
27442734 the speaker in writing or by approaching the podium in person. The
27452735 member submitting the question of order shall not interrupt the
27462736 member who is speaking. The speaker may interrupt the member who is
27472737 speaking if the speaker determines it is appropriate to address the
27482738 question of order at that time.
27492739 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
27502740 of a main or subsidiary motion shall not be discussed or debated
27512741 under the guise of speaking to a question of privilege.
27522742 CHAPTER E. VOTING
27532743 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
27542744 votes, except viva voce votes, members shall record their votes on
27552745 the voting machine and shall not be recognized by the chair to cast
27562746 their votes from the floor. If a member attempts to vote from the
27572747 floor, the speaker shall sustain a point of order directed against
27582748 the member's so doing. This rule shall not be applicable to the
27592749 mover or the principal opponent of the proposition being voted on
27602750 nor to a member whose voting machine is out of order. If a member
27612751 demands strict enforcement of this section, Section 47 shall not
27622752 apply to the taking of a vote, and the house may discipline a member
27632753 in violation of this rule pursuant to its inherent authority.
27642754 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
27652755 registration or vote taken on the voting machine of the house shall
27662756 in all instances be considered the equivalent of a roll call or yea
27672757 and nay vote, which might be had for the same purpose.
27682758 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
27692759 member who has a personal or private interest in any measure or bill
27702760 proposed or pending before the house shall disclose the fact and not
27712761 vote thereon.
27722762 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
27732763 house, a quorum being present, the question shall be divided, if it
27742764 includes propositions so distinct in substance that, one being
27752765 taken away, a substantive proposition remains. A motion for a
27762766 division vote cannot be made after the previous question has been
27772767 ordered, after a motion to table has been offered, after the
27782768 question has been put, nor after the yeas and nays have been
27792769 ordered. Under this subsection, the speaker may divide the
27802770 question into groups of propositions that are closely related.
27812771 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
27822772 present and fails or refuses to vote after being requested to do so
27832773 by the speaker shall be recorded as present but not voting, and
27842774 shall be counted for the purpose of making a quorum.
27852775 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
27862776 member must be on the floor of the house or in an adjacent room or
27872777 hallway on the same level as the house floor, in order to vote.
27882778 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
27892779 each calendar day in which the house is in session, it shall be the
27902780 duty of the journal clerk to lock the voting machine of each member
27912781 who is excused or who is otherwise known to be absent. Each such
27922782 machine shall remain locked until the member in person contacts the
27932783 journal clerk and personally requests the unlocking of the machine.
27942784 Unless otherwise directed by the speaker, the journal clerk shall
27952785 not unlock any machine except at the personal request of the member
27962786 to whom the machine is assigned. Any violation, or any attempt by a
27972787 member or employee to circumvent the letter or spirit of this
27982788 section, shall be reported immediately to the speaker for such
27992789 disciplinary action by the speaker, or by the house, as may be
28002790 warranted under the circumstances.
28012791 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
28022792 guilty by the house of knowingly voting for another member on the
28032793 voting machine without that other member's permission shall be
28042794 subject to discipline deemed appropriate by the house.
28052795 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
28062796 begun, it may not be interrupted for any reason. While a yea and nay
28072797 vote is being taken, or the vote is being counted, no member shall
28082798 visit the reading clerk's desk or the voting clerk's desk.
28092799 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
28102800 allowed to interrupt the vote or to make any explanation of a vote
28112801 that the member is about to give after the voting machine has been
28122802 opened, but may record in the journal the reasons for giving such a
28132803 vote.
28142804 (b) A "Reason for Vote" must be in writing and filed with the
28152805 journal clerk. If timely received, the "Reason for Vote" shall be
28162806 printed immediately following the results of the vote in the
28172807 journal. Otherwise, "Reasons for Vote" shall be printed in a
28182808 separate section at the end of the journal for the day on which the
28192809 reasons were recorded with the journal clerk. Such "Reason for
28202810 Vote" shall not deal in personalities or contain any personal
28212811 reflection on any member of the legislature, the speaker, the
28222812 lieutenant governor, or the governor, and shall not in any other
28232813 manner transgress the rules of the house relating to decorum and
28242814 debate.
28252815 (c) A member absent when a vote was taken may file with the
28262816 journal clerk while the house is in session a statement of how the
28272817 member would have voted if present. If timely received, the
28282818 statement shall be printed immediately following the results of the
28292819 vote in the journal. Otherwise, statements shall be printed in a
28302820 separate section at the end of the journal for the day on which the
28312821 statements were recorded with the journal clerk.
28322822 Sec. 50. PAIRS. (a) All pairs must be announced before the
28332823 vote is declared by the speaker, and a written statement sent to the
28342824 journal clerk. The statement must be signed by the absent member to
28352825 the pair, or the member's signature must have been authorized in
28362826 writing or by telephone, and satisfactory evidence presented to the
28372827 speaker if deemed necessary. If authorized in writing, the writing
28382828 shall be delivered to the chief clerk by personal delivery or by
28392829 commercially acceptable means of delivery, including electronic
28402830 transmission by PDF or similar secure format that is capable of
28412831 transmitting an accurate image of the member's signature. If
28422832 authorized by telephone, the call must be to and confirmed by the
28432833 chief clerk in advance of the vote to which it applies. Pairs shall
28442834 be entered in the journal, and the member present shall be counted
28452835 to make a quorum.
28462836 (b) The speaker may not refuse to recognize a pair that
28472837 complies with the requirements of Subsection (a), if both members
28482838 consent to the pair.
28492839 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
28502840 desire of any member present, the yeas and nays of the members of
28512841 the house on any question shall be taken and entered in the journal.
28522842 No member or members shall be allowed to call for a yea and nay vote
28532843 after a vote has been declared by the speaker.
28542844 (b) A motion to expunge a yea and nay vote from the journal
28552845 shall not be in order.
28562846 (c) The yeas and nays of the members of the house on final
28572847 passage of any bill, and on any joint resolution proposing or
28582848 ratifying a constitutional amendment, shall be taken and entered in
28592849 the journal. For purposes of this subsection, a vote on final
28602850 passage means a vote on:
28612851 (1) third reading;
28622852 (2) second reading if the house suspends or otherwise
28632853 dispenses with the requirement for three readings;
28642854 (3) whether to concur in the senate's amendments; or
28652855 (4) whether to adopt a conference committee report.
28662856 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
28672857 Committee on House Administration shall ensure that:
28682858 (1) the recorded yeas and nays are available to the
28692859 public on the Internet and on any televised broadcast of the house
28702860 proceedings produced by or under the direction of the house; and
28712861 (2) members of the public may view the yeas and nays in
28722862 real time to the extent possible on the Internet and on any
28732863 televised broadcast of the house proceedings produced by or under
28742864 the direction of the house.
28752865 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
28762866 any question where a record of the yeas and nays has not been
28772867 ordered, members may have their votes recorded in the journal as
28782868 "yea" or "nay" by filing such information with the journal clerk
28792869 before adjournment or recess to another calendar day.
28802870 Sec. 53. CHANGING A VOTE. Before the result of a vote has
28812871 been finally and conclusively pronounced by the chair, but not
28822872 thereafter, a member may change his or her vote; however, if a
28832873 member's vote is erroneous, the member shall be allowed to change
28842874 that vote at a later time provided:
28852875 (1) the result of the record vote is not changed
28862876 thereby;
28872877 (2) the request is made known to the house by the chair
28882878 and permission for the change is granted by unanimous consent; and
28892879 (3) a notation is made in the journal that the member's
28902880 vote was changed.
28912881 Sec. 54. TIE VOTE. All matters on which a vote may be taken
28922882 by the house shall require for adoption a favorable affirmative
28932883 vote as required by these rules, and in the case of a tie vote, the
28942884 matter shall be considered lost.
28952885 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
28962886 result of a yea and nay vote is close, the speaker may on the request
28972887 of any member order a verification vote, or the speaker may order a
28982888 verification on his or her own initiative. During verification, no
28992889 member shall change a vote unless it was erroneously recorded, nor
29002890 may any member not having voted cast a vote; however, when the clerk
29012891 errs in reporting the yeas and nays, and correction thereof leaves
29022892 decisive effect to the speaker's vote, the speaker may exercise the
29032893 right to vote, even though the result has been announced. A
29042894 verification shall be called for immediately after the vote is
29052895 announced. The speaker shall not entertain a request for
29062896 verification after the house has proceeded to the next question, or
29072897 after a recess or an adjournment. A vote to recess or adjourn, like
29082898 any other proposition, may be verified. Only one vote verification
29092899 can be pending at a time. A verification may be dispensed with by a
29102900 two-thirds vote.
29112901 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
29122902 allow the verification of a registration (as differentiated from a
29132903 record vote) if in the speaker's opinion there is serious doubt as
29142904 to the presence of a quorum.
29152905 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
29162906 VERIFICATION. A motion for a call of the house, and all incidental
29172907 motions relating to it, shall be in order pending the verification
29182908 of a vote. These motions must be made before the roll call on
29192909 verification begins, and it shall not be in order to break into the
29202910 roll call to make them.
29212911 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
29222912 VOTE. If, by an error of the voting clerk or reading clerk in
29232913 reporting the yeas and nays from a registration or verification,
29242914 the speaker announces a result different from that shown by the
29252915 registration or verification, the status of the question shall be
29262916 determined by the vote as actually recorded. If the vote is
29272917 erroneously announced in such a way as to change the true result,
29282918 all subsequent proceedings in connection therewith shall fail, and
29292919 the journal shall be amended accordingly.
29302920 RULE 6. ORDER OF BUSINESS AND CALENDARS
29312921 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
29322922 convenes on a new legislative day, the daily order of business shall
29332923 be as follows:
29342924 (1) Call to order by speaker.
29352925 (2) Registration of members.
29362926 (3) Prayer by chaplain, unless the invocation has been
29372927 given previously on the particular calendar day.
29382928 (4) Pledge of allegiance to the United States flag.
29392929 (5) Pledge of allegiance to the Texas flag.
29402930 (6) Excuses for absence of members and officers.
29412931 (7) First reading and reference to committee of bills
29422932 filed with the chief clerk; and motions to introduce bills, when
29432933 such motions are required.
29442934 (8) Requests to print bills and other papers; requests
29452935 of committees for further time to consider papers referred to them;
29462936 and all other routine motions and business not otherwise provided
29472937 for, all of which shall be undebatable except that the mover and one
29482938 opponent of the motion shall be allowed three minutes each.
29492939 The mover of a routine motion shall be allowed his or her
29502940 choice of making the opening or the closing speech under this rule.
29512941 If the house, under a suspension of the rules, extends the time of a
29522942 member under this rule, such extensions shall be for three minutes.
29532943 Subsidiary motions that are applicable to routine motions shall be
29542944 in order, but the makers of such subsidiary motions shall not be
29552945 entitled to speak thereon in the routine motion period, nor shall
29562946 the authors of the original routine motions be allowed any
29572947 additional time because of subsidiary motions.
29582948 (9) Unfinished business.
29592949 (10) Third reading calendars of the house in their
29602950 order of priority in accordance with Section 7 of this rule, unless
29612951 a different order is determined under other provisions of these
29622952 rules.
29632953 (11) Postponed matters to be laid before the house in
29642954 accordance with Rule 7, Section 15.
29652955 (12) Second reading calendars of the house in their
29662956 order of priority in accordance with Section 7 of this rule, unless
29672957 a different order is determined under other provisions of these
29682958 rules.
29692959 (b) When the house reconvenes for the first time on a new
29702960 calendar day following a recess, the daily order of business shall
29712961 be:
29722962 (1) Call to order by the speaker.
29732963 (2) Registration of members.
29742964 (3) Prayer by the chaplain.
29752965 (4) Pledge of allegiance to the United States flag.
29762966 (5) Pledge of allegiance to the Texas flag.
29772967 (6) Excuses for absence of members and officers.
29782968 (7) Pending business.
29792969 (8) Calendars of the house in their order of priority
29802970 in accordance with Section 7 of this rule, unless a different order
29812971 is determined under other provisions of these rules.
29822972 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
29832973 other measure may on any day be made a special order for the same day
29842974 or for a future day of the session by an affirmative vote of
29852975 two-thirds of the members present. A motion to set a special order
29862976 shall be subject to the three-minute pro and con debate rule. When
29872977 once established as a special order, a bill, resolution, or other
29882978 measure shall be considered from day to day until disposed of; and
29892979 until it has been disposed of, no further special orders shall be
29902980 made.
29912981 A three-fourths vote of the members present shall be required
29922982 to suspend the portion of this rule which specifies that only one
29932983 special order may be made and pending at a time.
29942984 (b) After the first eight items under the daily order of
29952985 business for a legislative day have been passed, a special order
29962986 shall have precedence when the hour for its consideration has
29972987 arrived, except as provided in Section 9 of this rule.
29982988 (c) After the 115th day of a regular session, if a joint
29992989 resolution has appeared on a daily house calendar and is adopted,
30002990 and a bill that is enabling legislation for the joint resolution is
30012991 either on or eligible to be placed on a calendar, the author or
30022992 sponsor of the bill or another member may immediately be recognized
30032993 for a motion to set the bill that is the enabling legislation as a
30042994 special order pursuant to this section. For purposes of this
30052995 subsection, the bill must have been designated as the enabling
30062996 legislation for the joint resolution in writing filed with the
30072997 chief clerk not later than the date the committee report for the
30082998 enabling legislation is printed and distributed.
30092999 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
30103000 may be postponed to a day certain by a two-thirds vote of those
30113001 present, and when so postponed, shall be considered as disposed of
30123002 so far as its place as a special order is concerned.
30133003 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
30143004 resolution laid on the table subject to call may be made a special
30153005 order.
30163006 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
30173007 motion is pending to set a particular bill or resolution as a
30183008 special order, it shall not be in order to move as a substitute to
30193009 set another bill or resolution as a special order. It shall be in
30203010 order, however, to substitute, by majority vote, a different time
30213011 for the special order consideration than that given in the original
30223012 motion.
30233013 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
30243014 If a member moves to set a bill or joint resolution as a special
30253015 order, or moves to suspend the rules to take up a bill or joint
30263016 resolution out of its regular order, and the motion prevails, the
30273017 member shall not have the right to make either of these motions
30283018 again until every other member has had an opportunity, via either of
30293019 these motions, to have some bill or joint resolution considered out
30303020 of its regular order during that session of the legislature. A
30313021 member shall not lose the suspension privilege if the motion to
30323022 suspend or set for special order does not prevail.
30333023 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
30343024 the house shall be controlled by a system of calendars, consisting
30353025 of the following:
30363026 (1) EMERGENCY CALENDAR, on which shall appear bills
30373027 considered to be of such pressing and imperative import as to demand
30383028 immediate action, bills to raise revenue and levy taxes, and the
30393029 general appropriations bill. A bill submitted as an emergency
30403030 matter by the governor may also be placed on this calendar.
30413031 (2) MAJOR STATE CALENDAR, on which shall appear bills
30423032 of statewide effect, not emergency in nature, which establish or
30433033 change state policy in a major field of governmental activity and
30443034 which will have a major impact in application throughout the state
30453035 without regard to class, area, or other limiting factors.
30463036 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
30473037 shall appear joint resolutions proposing amendments to the Texas
30483038 Constitution, joint resolutions proposing the ratification of
30493039 amendments to the Constitution of the United States, and joint
30503040 resolutions applying to Congress for a convention to amend the
30513041 Constitution of the United States.
30523042 (4) GENERAL STATE CALENDAR, on which shall appear
30533043 bills of statewide effect, not emergency in nature, which establish
30543044 or change state law and which have application to all areas but are
30553045 limited in legal effect by classification or other factors which
30563046 minimize the impact to something less than major state policy, and
30573047 bills, not emergency in nature, which are not on the local, consent,
30583048 and resolutions calendar.
30593049 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
30603050 shall appear bills, house resolutions, and concurrent resolutions,
30613051 not emergency in nature, regardless of extent and scope, on which
30623052 there is such general agreement as to render improbable any
30633053 opposition to the consideration and passage thereof, and which have
30643054 been recommended by the appropriate standing committee for
30653055 placement on the local, consent, and resolutions calendar by the
30663056 Committee on Local and Consent Calendars.
30673057 (6) RESOLUTIONS CALENDAR, on which shall appear house
30683058 resolutions and concurrent resolutions, not emergency in nature and
30693059 not privileged.
30703060 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
30713061 on which shall appear congratulatory and memorial resolutions whose
30723062 sole intent is to congratulate, memorialize, or otherwise express
30733063 concern or commendation. The Committee on Rules and Resolutions
30743064 may provide separate categories for congratulatory and memorial
30753065 resolutions.
30763066 (b) A calendars committee shall strictly construe and the
30773067 speaker shall strictly enforce this system of calendars.
30783068 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
30793069 resolutions pending in the house shall follow the same procedure
30803070 with regard to calendars as house bills and resolutions, but
30813071 separate calendars shall be maintained for senate bills and
30823072 resolutions, and consideration of them on senate bill days shall
30833073 have priority in the manner and order specified in this rule.
30843074 (b) No other business shall be considered on days devoted to
30853075 the consideration of senate bills when there remain any bills on any
30863076 of the senate calendars, except with the consent of the senate. When
30873077 all senate calendars are clear, the house may proceed to
30883078 consideration of house calendars on senate bill days.
30893079 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
30903080 on calendar Thursday of each week, only senate bills and senate
30913081 resolutions shall be taken up and considered, until disposed of.
30923082 Senate bills and senate resolutions shall be considered in the
30933083 order prescribed in Section 7 of this rule on separate senate
30943084 calendars prepared by the Committee on Calendars. In case a senate
30953085 bill or senate resolution is pending at adjournment on calendar
30963086 Thursday, it shall go over to the succeeding calendar Wednesday as
30973087 unfinished business.
30983088 (b) Precedence given in Rule 8 to certain classes of bills
30993089 during the first 60 calendar days of a regular session shall also
31003090 apply to senate bills on senate bill days.
31013091 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
31023092 SUBJECT. When any house bill is reached on the calendar or is
31033093 before the house for consideration, it shall be the duty of the
31043094 speaker to give the place on the calendar of the house bill to any
31053095 senate bill containing the same subject that has been referred to
31063096 and reported from a committee of the house and to lay the senate
31073097 bill before the house, to be considered in lieu of the house bill.
31083098 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
31093099 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
31103100 the chair of the Committee on Rules and Resolutions shall move to
31113101 designate periods for the consideration of congratulatory and
31123102 memorial calendars. Each such motion shall require a two-thirds
31133103 vote for its adoption. In each instance, the Committee on Rules and
31143104 Resolutions shall prepare and post on the electronic legislative
31153105 information system a calendar at least 24 hours in advance of the
31163106 hour set for consideration. No memorial or congratulatory
31173107 resolution will be heard by the full house without having first been
31183108 approved, at least 24 hours in advance, by a majority of the
31193109 membership of the Committee on Rules and Resolutions, in accordance
31203110 with Rule 4, Section 16. It shall not be necessary for the
31213111 Committee on Rules and Resolutions to report a memorial or
31223112 congratulatory resolution from committee in order to place the
31233113 resolution on a congratulatory and memorial calendar. If the
31243114 Committee on Rules and Resolutions determines that a resolution is
31253115 not eligible for placement on the congratulatory and memorial
31263116 calendar the measure shall be sent to the Committee on Calendars for
31273117 further action. A congratulatory and memorial calendar will
31283118 contain the resolution number, the author's name, and a brief
31293119 description of the intent of the resolution. On the congratulatory
31303120 and memorial calendar, congratulatory resolutions may be listed
31313121 separately from memorial resolutions. Once a calendar is posted,
31323122 no additional resolutions will be added to it, and the requirements
31333123 of this section shall not be subject to suspension.
31343124 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
31353125 MEMORIAL CALENDARS. During the consideration of a congratulatory
31363126 and memorial calendar, resolutions shall not be read in full unless
31373127 they pertain to members or former members of the legislature, or
31383128 unless the intended recipient of the resolution is present on the
31393129 house floor or in the gallery. All other such resolutions shall be
31403130 read only by number, type of resolution, and name of the person or
31413131 persons designated in the resolutions. Members shall notify the
31423132 chair, in advance of consideration of the calendar, of any
31433133 resolutions that will be required to be read in full. In addition,
31443134 the following procedures shall be observed:
31453135 (1) The chair shall recognize the reading clerk to
31463136 read the resolutions within each category on the calendar only by
31473137 number, type of resolution, author or sponsor, and name of the
31483138 person or persons designated in the resolutions, except for those
31493139 resolutions that have been withdrawn or that are required to be read
31503140 in full. The resolutions read by the clerk shall then be adopted in
31513141 one motion for each category.
31523142 (2) Subsequent to the adoption of the resolutions read
31533143 by the clerk, the chair shall proceed to lay before the house the
31543144 resolutions on the calendar that are required to be read in full.
31553145 Each such resolution shall be read and adopted individually.
31563146 (3) If it develops that any resolution on the
31573147 congratulatory and memorial calendar does not belong on that
31583148 calendar, the chair shall withdraw the resolution from further
31593149 consideration, remove it from the calendar, and refer it to the
31603150 appropriate calendars committee for placement on the proper
31613151 calendar.
31623152 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
31633153 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
31643154 warrant, the chair of the Committee on Local and Consent Calendars
31653155 shall move to designate periods for the consideration of local,
31663156 consent, and resolutions calendars. Each such motion shall require
31673157 a two-thirds vote for its adoption. In each instance, the Committee
31683158 on Local and Consent Calendars shall prepare and post on the
31693159 electronic legislative information system a calendar at least 48
31703160 hours in advance of the hour set for consideration. Once a calendar
31713161 is posted, no additional bills or resolutions will be added to it.
31723162 This requirement can be suspended only by unanimous consent. No
31733163 local, consent, and resolutions calendar may be considered by the
31743164 house if it is determined that the rules of the house were not
31753165 complied with by the Committee on Local and Consent Calendars in
31763166 preparing that calendar.
31773167 (b) The period designated for the consideration of a local,
31783168 consent, and resolutions calendar under this section or under a
31793169 special order under Section 2 of this rule may not exceed one
31803170 calendar day.
31813171 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
31823172 RESOLUTIONS CALENDARS. During the consideration of a local,
31833173 consent, and resolutions calendar set by the Committee on Local and
31843174 Consent Calendars the following procedures shall be observed:
31853175 (1) The chair shall allow the sponsor of each bill or
31863176 resolution three minutes to explain the measure, and the time shall
31873177 not be extended except by unanimous consent of the house. This rule
31883178 shall have precedence over all other rules limiting time for
31893179 debate.
31903180 (2) If it develops that any bill or resolution on a
31913181 local, consent, and resolutions calendar is to be contested on the
31923182 floor of the house, the chair shall withdraw the bill or resolution
31933183 from further consideration and remove it from the calendar.
31943184 (3) Any bill or resolution on a local, consent, and
31953185 resolutions calendar shall be considered contested if notice is
31963186 given by five or more members that they intend to oppose the bill or
31973187 resolution, either by a raising of hands or the delivery of written
31983188 notice to the chair.
31993189 (4) Any bill or resolution on a local, consent, and
32003190 resolutions calendar shall be considered contested if debate
32013191 exceeds 10 minutes. The chair shall strictly enforce this time
32023192 limit and automatically withdraw the bill from further
32033193 consideration if the time limit herein imposed is exceeded.
32043194 (5) Any bill or resolution on a local, consent, and
32053195 resolutions calendar that is not reached for floor consideration
32063196 because of the expiration of the calendar day period for
32073197 consideration established by Section 13 of this rule shall carry
32083198 over onto the next local, consent, and resolutions calendar. Bills
32093199 or resolutions that carry over must appear in the same relative
32103200 order as on the calendar on which the bills or resolutions initially
32113201 appeared, and bills or resolutions originally from older calendars
32123202 must appear before those originally from more recent calendars.
32133203 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
32143204 local, consent, and resolutions calendars and congratulatory and
32153205 memorial calendars, consideration of calendars shall be in the
32163206 order named in Section 7 of this rule, subject to any exceptions
32173207 ordered by the Committee on Calendars. Bills and resolutions on
32183208 third reading shall have precedence over bills and resolutions on
32193209 second reading.
32203210 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
32213211 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
32223212 prepared daily when the house is in session. A calendar must be
32233213 posted on the electronic legislative information system at least 36
32243214 hours if convened in regular session and 24 hours if convened in
32253215 special session before the calendar may be considered by the house,
32263216 except as otherwise provided by these rules for the calendar on
32273217 which the general appropriations bill is first eligible for
32283218 consideration on second reading when convened in regular session.
32293219 A calendar that contains a bill extending an agency, commission, or
32303220 advisory committee under the Texas Sunset Act must be posted at
32313221 least 48 hours if convened in regular or special session before the
32323222 calendar may be considered by the house. Deviations from the
32333223 calendars as posted shall not be permitted except that the
32343224 Committee on Calendars shall be authorized to prepare and post, not
32353225 later than two hours before the house convenes, a supplemental
32363226 daily house calendar, on which shall appear:
32373227 (1) bills or resolutions which were passed to third
32383228 reading on the previous legislative day;
32393229 (2) bills or resolutions which appeared on the Daily
32403230 House Calendar for a previous calendar day which were not reached
32413231 for floor consideration;
32423232 (3) postponed business from a previous calendar day;
32433233 and
32443234 (4) notice to take from the table a bill or resolution
32453235 which was laid on the table subject to call on a previous
32463236 legislative day.
32473237 In addition to the items listed above, the bills and
32483238 resolutions from a daily house calendar that will be eligible for
32493239 consideration may be incorporated, in their proper order as
32503240 determined by these rules, into the supplemental daily house
32513241 calendar.
32523242 (a-1) If the house is convened in regular session, the
32533243 calendar on which the general appropriations bill is first eligible
32543244 for consideration on second reading must be posted on the
32553245 electronic legislative information system at least 144 hours before
32563246 the calendar may be considered by the house. The posted calendar
32573247 must indicate the date and time at which the calendar is scheduled
32583248 for consideration by the house, which date and time must be in
32593249 accordance with Rule 8, Section 14.
32603250 (b) In addition, when the volume of legislation shall
32613251 warrant, and upon request of the speaker, the chief clerk shall have
32623252 prepared a list of Items Eligible for Consideration, on which shall
32633253 appear only:
32643254 (1) house bills with senate amendments that are
32653255 eligible for consideration under Rule 13, Section 5, including the
32663256 number of senate amendments and the total number of pages of senate
32673257 amendments;
32683258 (2) senate bills for which the senate has requested
32693259 appointment of a conference committee; and
32703260 (3) conference committee reports that are eligible for
32713261 consideration under Rule 13, Section 10.
32723262 (c) The list of Items Eligible for Consideration must be
32733263 posted on the electronic legislative information system at least
32743264 six hours before the list may be considered by the house.
32753265 (d) The time at which a calendar or list is posted on the
32763266 electronic legislative information system shall be time-stamped on
32773267 the originals of the calendar or list.
32783268 (e) No house calendar shall be eligible for consideration if
32793269 it is determined that the rules of the house were not complied with
32803270 by the Committee on Calendars in preparing that calendar.
32813271 (f) If the Committee on Calendars has proposed a rule for
32823272 floor consideration of a bill or resolution that is eligible to be
32833273 placed on a calendar of the daily house calendar, the rule must be
32843274 printed and a copy distributed to each member. If the bill or
32853275 resolution to which the rule will apply has already been placed on a
32863276 calendar of the daily house calendar, a copy of the rule must also
32873277 be posted with the calendar on which the bill or resolution appears.
32883278 The speaker shall lay a proposed rule before the house prior to the
32893279 consideration of the bill or resolution to which the rule will
32903280 apply. The rule shall be laid before the house not earlier than six
32913281 hours after a copy of the rule has been distributed to each member
32923282 in accordance with this subsection. The rule shall not be subject
32933283 to amendment, but to be effective, the rule must be approved by the
32943284 house by an affirmative vote of two-thirds of those members present
32953285 and voting, except that the rule must be approved by an affirmative
32963286 vote of a majority of those members present and voting if the rule
32973287 applies to a tax bill, an appropriations bill, or a redistricting
32983288 bill. If approved by the house in accordance with this subsection,
32993289 the rule will be effective for the consideration of the bill or
33003290 resolution on both second and third readings.
33013291 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
33023292 the calendar under Subsection (b) of this section, once a bill or
33033293 resolution is placed on its appropriate calendar under these rules,
33043294 and has appeared on a house calendar, as posted on the electronic
33053295 legislative information system, the bill shall retain its relative
33063296 position on the calendar until reached for floor consideration, and
33073297 the calendars committee with jurisdiction over the bill or
33083298 resolution shall have no authority to place other bills on the
33093299 calendar ahead of that bill, but all additions to the calendar shall
33103300 appear subsequent to the bill.
33113301 (b) If a bill or resolution that has been placed on a house
33123302 calendar, as posted on the electronic legislative information
33133303 system, is recommitted or withdrawn from further consideration, the
33143304 bill or resolution relinquishes its position on the calendar, and
33153305 the bill or resolution shall be removed from the calendar.
33163306 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
33173307 as provided in Section 11 of this rule as it relates to
33183308 congratulatory and memorial resolutions, no bill or resolution
33193309 shall be placed on a calendar until:
33203310 (1) it has been referred to and reported from its
33213311 appropriate standing committee by favorable committee action; or
33223312 (2) it is ordered printed on minority report or after a
33233313 committee has reported its inability to recommend a course of
33243314 action.
33253315 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
33263316 resolutions, on being reported from committee, shall be referred
33273317 immediately to the committee coordinator for printing and then to
33283318 the appropriate calendars committee for placement on the
33293319 appropriate calendar.
33303320 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
33313321 30 calendar days after a bill or resolution has been referred to the
33323322 appropriate calendars committee, the committee must vote on whether
33333323 to place the bill or resolution on one of the calendars of the daily
33343324 house calendar or the local, consent, and resolutions calendar, as
33353325 applicable. A vote against placement of the bill or resolution on a
33363326 calendar does not preclude a calendars committee from later voting
33373327 in favor of placement of the bill or resolution on a calendar.
33383328 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
33393329 resolution has been in the appropriate calendars committee for 30
33403330 calendar days, exclusive of the calendar day on which it was
33413331 referred, awaiting placement on one of the calendars of the daily
33423332 house calendar or on the local, consent, and resolutions calendar,
33433333 it shall be in order for a member to move that the bill or resolution
33443334 be placed on a specific calendar of the daily house calendar or on
33453335 the local, consent, and resolutions calendar without action by the
33463336 committee. This motion must be seconded by five members and shall
33473337 require a majority vote for adoption.
33483338 (b) A motion to place a bill or resolution on a specific
33493339 calendar of the daily house calendar or on the local, consent, and
33503340 resolutions calendar is not a privileged motion and must be made
33513341 during the routine motion period unless made under a suspension of
33523342 the rules.
33533343 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
33543344 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
33553345 for placement on the local, consent, and resolutions calendar by
33563346 the Committee on Local and Consent Calendars unless a request for
33573347 that placement has been made to the chair of the standing committee
33583348 from which the bill or resolution was reported and unless the
33593349 committee report of the standing committee recommends that the bill
33603350 or resolution be sent to the Committee on Local and Consent
33613351 Calendars for placement on the local, consent, and resolutions
33623352 calendar. The recommendation of the standing committee shall be
33633353 advisory only, and the Committee on Local and Consent Calendars
33643354 shall have final authority to determine whether or not a bill or
33653355 resolution shall be placed on the local, consent, and resolutions
33663356 calendar. If the Committee on Local and Consent Calendars
33673357 determines that the bill or resolution is not eligible for
33683358 placement on the local, consent, and resolutions calendar, the
33693359 measure shall be sent to the Committee on Calendars for further
33703360 action.
33713361 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
33723362 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
33733363 bill by Rule 8, Section 10(c), shall be placed on the local,
33743364 consent, and resolutions calendar unless:
33753365 (1) evidence of publication of notice in compliance
33763366 with the Texas Constitution and these rules is filed with the
33773367 Committee on Local and Consent Calendars; and
33783368 (2) it has been recommended unanimously by the present
33793369 and voting members of the committee from which it was reported that
33803370 the bill be sent to the Committee on Local and Consent Calendars for
33813371 placement on the local, consent, and resolutions calendar.
33823372 (b) No other bill or resolution shall be placed on the
33833373 local, consent, and resolutions calendar unless it has been
33843374 recommended unanimously by the present and voting members of the
33853375 committee from which it was reported that the bill be sent to the
33863376 Committee on Local and Consent Calendars for placement on the
33873377 local, consent, and resolutions calendar.
33883378 (c) No bill or resolution shall be placed on the local,
33893379 consent, and resolutions calendar that:
33903380 (1) directly or indirectly prevents from being
33913381 available for purposes of funding state government generally any
33923382 money that under existing law would otherwise be available for that
33933383 purpose, including a bill that transfers or diverts money in the
33943384 state treasury from the general revenue fund to another fund; or
33953385 (2) authorizes or requires the expenditure or
33963386 diversion of state funds for any purpose, as determined by a fiscal
33973387 note attached to the bill.
33983388 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
33993389 bill or resolution once removed from the local, consent, and
34003390 resolutions calendar shall be returned to the Committee on Local
34013391 and Consent Calendars for further action. The Committee on Local
34023392 and Consent Calendars, if it feels such action is warranted, may
34033393 again place the bill or resolution on the local, consent, and
34043394 resolutions calendar, provided, however, that if the bill or
34053395 resolution is not placed on the next local, consent, and
34063396 resolutions calendar set by the Committee on Local and Consent
34073397 Calendars, the bill or resolution shall immediately be referred to
34083398 the Committee on Calendars for further action. If the bill or
34093399 resolution is then removed from the calendar a second time by being
34103400 contested on the floor of the house, the bill or resolution shall
34113401 not again be placed on the local, consent, and resolutions calendar
34123402 by the Committee on Local and Consent Calendars during that session
34133403 of the legislature but shall be returned to the Committee on
34143404 Calendars for further action.
34153405 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
34163406 the limitations contained in this rule, the Committee on Calendars
34173407 shall have full authority to make placements on calendars in
34183408 whatever order is necessary and desirable under the circumstances
34193409 then existing, except that bills on third reading shall have
34203410 precedence over bills on second reading. It is the intent of the
34213411 calendar system to give the Committee on Calendars wide discretion
34223412 to insure adequate consideration by the house of important
34233413 legislation.
34243414 RULE 7. MOTIONS
34253415 CHAPTER A. GENERAL MOTIONS
34263416 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
34273417 motions, in addition to any elsewhere provided herein, shall be
34283418 decided without debate, except as otherwise provided in these
34293419 rules:
34303420 (1) to adjourn;
34313421 (2) to lay on the table;
34323422 (3) to lay on the table subject to call;
34333423 (4) to suspend the rule as to the time for introduction
34343424 of bills;
34353425 (5) to order a call of the house, and all motions
34363426 incidental thereto;
34373427 (6) an appeal by a member called to order;
34383428 (7) on questions relating to priority of business;
34393429 (8) to amend the caption of a bill or resolution;
34403430 (9) to extend the time of a member speaking under the
34413431 previous question or to allow a member who has the right to speak
34423432 after the previous question is ordered to yield the time, or a part
34433433 of it, to another;
34443434 (10) to reconsider and table.
34453435 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
34463436 the mover and one opponent of the motion three minutes each during
34473437 which to debate the following motions without debating the merits
34483438 of the bill, resolution, or other matter, and the mover of the
34493439 motion may elect to either open the debate or close the debate, but
34503440 the mover's time may not be divided:
34513441 (1) to suspend the regular order of business and take
34523442 up some measure out of its regular order;
34533443 (2) to instruct a committee to report a certain bill or
34543444 resolution;
34553445 (3) to rerefer a bill or resolution from one committee
34563446 to another;
34573447 (4) to place a bill or resolution on a specific
34583448 calendar without action by the appropriate calendars committee;
34593449 (5) to take up a bill or resolution laid on the table
34603450 subject to call;
34613451 (6) to set a special order;
34623452 (7) to suspend the rules;
34633453 (8) to suspend the constitutional rule requiring bills
34643454 to be read on three several days;
34653455 (9) to pass a resolution suspending the joint rules;
34663456 (10) to order the previous question;
34673457 (11) to order the limiting of amendments to a bill or
34683458 resolution;
34693459 (12) to print documents, reports, or other material in
34703460 the journal;
34713461 (13) to take any other action required or permitted
34723462 during the routine motion period by Rule 6, Section 1;
34733463 (14) to divide the question.
34743464 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
34753465 under debate, the following motions, and none other, shall be in
34763466 order, and such motions shall have precedence in the following
34773467 order:
34783468 (1) to adjourn;
34793469 (2) to take recess;
34803470 (3) to lay on the table;
34813471 (4) to lay on the table subject to call;
34823472 (5) for the previous question;
34833473 (6) to postpone to a day certain;
34843474 (7) to commit, recommit, refer, or rerefer;
34853475 (8) to amend by striking out the enacting or resolving
34863476 clause, which, if carried, shall have the effect of defeating the
34873477 bill or resolution;
34883478 (9) to amend;
34893479 (10) to postpone indefinitely.
34903480 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
34913481 been made, the speaker shall state it, or if it is in writing, order
34923482 it read by the clerk; and it shall then be in possession of the
34933483 house.
34943484 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
34953485 the house and entertained by the speaker shall be reduced to writing
34963486 on the demand of any member, and shall be entered on the journal
34973487 with the name of the member making it.
34983488 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
34993489 by the mover at any time before a decision on the motion, even
35003490 though an amendment may have been offered and is pending. It cannot
35013491 be withdrawn, however, if the motion has been amended. After the
35023492 previous question has been ordered, a motion can be withdrawn only
35033493 by unanimous consent.
35043494 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
35053495 or recess shall always be in order, except:
35063496 (1) when the house is voting on another motion;
35073497 (2) when the previous question has been ordered and
35083498 before the final vote on the main question, unless a roll call shows
35093499 the absence of a quorum;
35103500 (3) when a member entitled to the floor has not yielded
35113501 for that purpose; or
35123502 (4) when no business has been transacted since a
35133503 motion to adjourn or recess has been defeated.
35143504 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
35153505 RECESS. When several motions to recess or adjourn are made at the
35163506 same period, the motion to adjourn carrying the shortest time shall
35173507 be put first, then the next shortest time, and in that order until a
35183508 motion to adjourn has been adopted or until all have been voted on
35193509 and lost; and then the same procedure shall be followed for motions
35203510 to recess.
35213511 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
35223512 RECESS. A motion to adjourn or recess may not be withdrawn when it
35233513 is one of a series upon which voting has commenced, nor may an
35243514 additional motion to adjourn or recess be made when voting has
35253515 commenced on a series of such motions.
35263516 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
35273517 vote by which a motion to adjourn or recess is carried or lost shall
35283518 not be subject to a motion to reconsider.
35293519 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
35303520 number of members than a quorum may adjourn from day to day, and may
35313521 compel the attendance of absent members.
35323522 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
35333523 carried, shall have the effect of killing the bill, resolution,
35343524 amendment, or other immediate proposition to which it was applied.
35353525 Such a motion shall not be debatable, but the mover of the
35363526 proposition to be tabled, or the member reporting it from
35373527 committee, shall be allowed to close the debate after the motion to
35383528 table is made and before it is put to a vote. When a motion to table
35393529 is made to a debatable main motion, the main motion mover shall be
35403530 allowed 20 minutes to close the debate, whereas the movers of other
35413531 debatable motions sought to be tabled shall be allowed only 10
35423532 minutes to close. The vote by which a motion to table is carried or
35433533 lost cannot be reconsidered. After the previous question has been
35443534 ordered, a motion to table is not in order. The provisions of this
35453535 section do not apply to motions to "lay on the table subject to
35463536 call"; however, a motion to lay on the table subject to call cannot
35473537 be made after the previous question has been ordered.
35483538 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
35493539 resolution, or other matter is pending before the house, it may be
35503540 laid on the table subject to call, and one legislative day's notice,
35513541 as provided on the Supplemental House Calendar, must be given
35523542 before the proposition can be taken from the table, unless it is on
35533543 the same legislative day, in which case it can be taken from the
35543544 table at any time except when there is another matter pending before
35553545 the house. A bill, resolution, or other matter can be taken from
35563546 the table only by a majority vote of the house. When a special order
35573547 is pending, a motion to take a proposition from the table cannot be
35583548 made unless the proposition is a privileged matter.
35593549 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
35603550 certain may be amended and is debatable within narrow limits, but
35613551 the merits of the proposition sought to be postponed cannot be
35623552 debated. A motion to postpone indefinitely opens to debate the
35633553 entire proposition to which it applies.
35643554 Sec. 15. POSTPONED MATTERS. (a) A bill or proposition
35653555 postponed to a day certain shall be laid before the house at the
35663556 time on the calendar day to which it was postponed, provided it is
35673557 otherwise eligible under the rules and no other business is then
35683558 pending. If business is pending, the postponed matter shall be
35693559 deferred until the pending business is disposed of without
35703560 prejudice otherwise to its right of priority. When a privileged
35713561 matter is postponed to a particular time, and that time arrives, the
35723562 matter, still retaining its privileged nature, shall be taken up
35733563 even though another matter is pending.
35743564 (b) Consideration of a bill postponed to a day certain from
35753565 the local, consent, and resolutions calendar is governed on second
35763566 reading by the rules applicable to the calendar from which it was
35773567 postponed to the extent practicable.
35783568 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
35793569 two or more bills, resolutions, or other propositions are postponed
35803570 to the same time, and are otherwise eligible for consideration at
35813571 that time, they shall be considered in the chronological order of
35823572 their setting.
35833573 Sec. 17. MOTION TO REFER. When motions are made to refer a
35843574 subject to a select or standing committee, the question on the
35853575 subject's referral to a standing committee shall be put first.
35863576 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
35873577 after being defeated at the routine motion period, may again be made
35883578 when the bill itself is under consideration; however, a motion to
35893579 recommit a bill shall not be in order at the routine motion period
35903580 if the bill is then before the house as either pending business or
35913581 unfinished business.
35923582 A motion to recommit a bill or resolution can be made and
35933583 voted on even though the author, sponsor, or principal proponent is
35943584 not present.
35953585 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
35963586 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
35973587 recommit is debatable within narrow limits, but the merits of the
35983588 proposition may not be brought into the debate. A motion to refer,
35993589 rerefer, commit, or recommit with instructions is fully debatable.
36003590 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
36013591 Except as provided in Rule 4, Section 30, when a bill has been
36023592 recommitted once at any reading and has been reported adversely by
36033593 the committee to which it was referred, it shall be in order to
36043594 again recommit the bill only if a minority report has been filed in
36053595 the time required by the rules of the house. A two-thirds vote of
36063596 those present shall be required to recommit a second time.
36073597 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
36083598 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
36093599 motion for the previous question, which shall be admitted only when
36103600 seconded by 25 members. It shall be put by the chair in this manner:
36113601 "The motion has been seconded. Three minutes pro and con debate
36123602 will be allowed on the motion for ordering the previous question."
36133603 As soon as the debate has ended, the chair shall continue: "As many
36143604 as are in favor of ordering the previous question on (here state on
36153605 which question or questions) will say 'Aye,'" and then, "As many as
36163606 are opposed say 'Nay.'" As in all other propositions, a motion for
36173607 the previous question may be taken by a record vote if demanded by
36183608 any member. If ordered by a majority of the members voting, a
36193609 quorum being present, it shall have the effect of cutting off all
36203610 debate, except as provided in Section 23 of this rule, and bringing
36213611 the house to a direct vote on the immediate question or questions on
36223612 which it has been asked and ordered.
36233613 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
36243614 motion for the previous question, there shall be no debate except as
36253615 provided in Sections 2 and 21 of this rule. All incidental
36263616 questions of order made pending decision on such motion shall be
36273617 decided, whether on appeal or otherwise, without debate.
36283618 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
36293619 ORDERED. After the previous question has been ordered, there shall
36303620 be no debate upon the questions on which it has been ordered, or
36313621 upon the incidental questions, except that the mover of the
36323622 proposition or any of the pending amendments or any other motions,
36333623 or the member making the report from the committee, or, in the case
36343624 of the absence of either of them, any other member designated by
36353625 such absentee, shall have the right to close the debate on the
36363626 particular proposition or amendment. Then a vote shall be taken
36373627 immediately on the amendments or other motions, if any, and then on
36383628 the main question.
36393629 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
36403630 ORDERED. All members having the right to speak after the previous
36413631 question has been ordered shall speak before the question is put on
36423632 the first proposition covered by the previous question. All votes
36433633 shall then be taken in the correct order, and no vote or votes shall
36443634 be deferred to allow any member to close on any one of the
36453635 propositions separately after the voting has commenced.
36463636 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
36473637 amendment has been substituted and the previous question is then
36483638 moved on the adoption of the amendment as substituted, the author of
36493639 the amendment as substituted shall have the right to close the
36503640 debate on that amendment in lieu of the author of the original
36513641 amendment.
36523642 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
36533643 the previous question is ordered on a motion to postpone
36543644 indefinitely or to amend by striking out the enacting clause of a
36553645 bill, the member moving to postpone or amend shall have the right to
36563646 close the debate on that motion or amendment, after which the mover
36573647 of the proposition or bill proposed to be so postponed or amended,
36583648 or the member reporting it from the committee, or, in the absence of
36593649 either of them, any other member designated by the absentee, shall
36603650 be allowed to close the debate on the original proposition.
36613651 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
36623652 previous question may be asked and ordered on any debatable single
36633653 motion or series of motions, or any amendment or amendments
36643654 pending, or it may be made to embrace all authorized debatable
36653655 motions or amendments pending and include the bill, resolution, or
36663656 proposition that is on second or third reading. The previous
36673657 question cannot be ordered, however, on the main proposition
36683658 without including other pending motions of lower rank as given in
36693659 Section 3 of this rule.
36703660 Sec. 28. LIMIT OF APPLICATION. The previous question shall
36713661 not extend beyond the final vote on a motion or sequence of motions
36723662 to which the previous question has been ordered.
36733663 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
36743664 Amendments on the speaker's desk for consideration which have not
36753665 actually been laid before the house and read cannot be included
36763666 under a motion for the previous question.
36773667 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
36783668 TABLE. If a motion to table is made directly to a main motion, the
36793669 motion for the previous question is not in order. In a case where an
36803670 amendment to a main motion is pending, and a motion to table the
36813671 amendment is made, it is in order to move the previous question on
36823672 the main motion, the pending amendment, and the motion to table the
36833673 amendment.
36843674 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
36853675 QUESTION. There is no acceptable substitute for a motion for the
36863676 previous question, nor can other motions be applied to it.
36873677 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
36883678 TABLING. The motion for the previous question is not subject to a
36893679 motion to table.
36903680 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
36913681 QUESTION ACCEPTED. The motion to adjourn is not in order after a
36923682 motion for the previous question is accepted by the chair, or after
36933683 the seconding of such motion and before a vote is taken.
36943684 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
36953685 After the previous question has been ordered, no motion shall be in
36963686 order until the question or questions on which it was ordered have
36973687 been voted on, without debate, except:
36983688 (1) a motion for a call of the house, and motions
36993689 incidental thereto;
37003690 (2) a motion to extend the time of a member closing on
37013691 a proposition;
37023692 (3) a motion to permit a member who has the right to
37033693 speak to yield the time or a part thereof to another member;
37043694 (4) a request for and a verification of a vote;
37053695 (5) a motion to reconsider the vote by which the
37063696 previous question was ordered. A motion to reconsider may be made
37073697 only once and that must be before any vote under the previous
37083698 question has been taken;
37093699 (6) a motion to table a motion to reconsider the vote
37103700 by which the previous question has been ordered;
37113701 (7) a double motion to reconsider and table the vote by
37123702 which the previous question was ordered.
37133703 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
37143704 QUESTION ORDERED. No motion for an adjournment or a recess shall be
37153705 in order after the previous question is ordered until the final vote
37163706 under the previous question has been taken, unless the roll call
37173707 shows the absence of a quorum.
37183708 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
37193709 adjourns without a quorum under the previous question, the previous
37203710 question shall remain in force and effect when the bill,
37213711 resolution, or other proposition is again laid before the house.
37223712 CHAPTER C. RECONSIDERATION
37233713 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
37243714 has been decided by the house and the yeas and nays have been called
37253715 for and recorded, any member voting with the prevailing side may, on
37263716 the same legislative day, or on the next legislative day, move a
37273717 reconsideration; however, if a reconsideration is moved on the next
37283718 legislative day, it must be done before the order of the day, as
37293719 designated in the 10th item of Rule 6, Section 1(a), is taken up.
37303720 If the house refuses to reconsider, or on reconsideration, affirms
37313721 its decision, no further action to reconsider shall be in order.
37323722 (b) Where the yeas and nays have not been called for and
37333723 recorded, any member, regardless of whether he or she voted on the
37343724 prevailing side or not, may make the motion to reconsider; however,
37353725 even when the yeas and nays have not been recorded, the following
37363726 shall not be eligible to make a motion to reconsider:
37373727 (1) a member who was absent;
37383728 (2) a member who was paired and, therefore, did not
37393729 vote; and
37403730 (3) a member who was recorded in the journal as having
37413731 voted on the losing side.
37423732 (c) A motion to reconsider the vote by which a bill, joint
37433733 resolution, or concurrent resolution was defeated is not in order
37443734 unless a member has previously provided at least one hour's notice
37453735 of intent to make the motion by addressing the house when the house
37463736 is in session and stating that a member intends to make a motion to
37473737 reconsider the vote by which the bill or resolution was defeated.
37483738 It is not necessary for the member providing the notice to be
37493739 eligible to make or to be the member who subsequently makes the
37503740 motion to reconsider. If notice of intent to make a motion to
37513741 reconsider is given within the period that the motion to reconsider
37523742 may be made under Subsection (a) of this section and that period
37533743 expires during the one-hour period required by this subsection,
37543744 then the period within which the motion may be made under Subsection
37553745 (a) is extended by the amount of time, not to exceed one hour during
37563746 which the house is in session, necessary to satisfy the one-hour
37573747 notice required by this subsection. For purposes of this
37583748 subsection, a motion to reconsider includes a motion to reconsider
37593749 and table and a motion to reconsider and spread on the journal.
37603750 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
37613751 reconsider shall be debatable only when the question to be
37623752 reconsidered is debatable. Even though the previous question was
37633753 in force before the vote on a debatable question was taken, debate
37643754 is permissible on the reconsideration of such debatable question.
37653755 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
37663756 reconsider shall be decided by a majority vote, even though the vote
37673757 on the original question requires a two-thirds vote for affirmative
37683758 action. If the motion to reconsider prevails, the question then
37693759 immediately recurs on the question reconsidered.
37703760 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
37713761 reconsider cannot be withdrawn unless permission is given by a
37723762 majority vote of the house, and the motion may be called up by any
37733763 member.
37743764 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
37753765 reconsider shall be subject to a motion to table, which, if carried,
37763766 shall be a final disposition of the motion to reconsider.
37773767 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
37783768 motion to reconsider and table shall be in order. It shall be
37793769 undebatable. When carried, the motion to reconsider shall be
37803770 tabled. When it fails, the question shall then be on the motion to
37813771 reconsider, and the motion to reconsider shall, without further
37823772 action, be spread on the journal, but it may be called up by any
37833773 member, in accordance with the provisions of Section 43 of this
37843774 rule.
37853775 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
37863776 If a motion to reconsider is not disposed of when made, it shall be
37873777 entered in the journal, and cannot, after that legislative day, be
37883778 called up and disposed of unless one legislative day's notice has
37893779 been given.
37903780 (b) Unless called up and disposed of prior to 72 hours
37913781 before final adjournment of the session, all motions to reconsider
37923782 shall be regarded as determined and lost.
37933783 (c) All motions to reconsider made during the last 72 hours
37943784 of the session shall be disposed of when made; otherwise, the motion
37953785 shall be considered as lost.
37963786 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
37973787 member voting on the prevailing side may make a motion to reconsider
37983788 and spread on the journal, which does not require a vote, and on the
37993789 motion being made, it shall be entered on the journal. Any member,
38003790 regardless of whether he or she voted on the prevailing side or not,
38013791 who desires immediate action on a motion to reconsider which has
38023792 been spread on the journal, can call it up as soon as it is made, and
38033793 demand a vote on it, or can call it up and move to table it.
38043794 (b) If the motion to table the motion to reconsider is
38053795 defeated, the motion to reconsider remains spread on the journal
38063796 for future action; however, any member, regardless of whether he or
38073797 she voted on the prevailing side or not, can call the motion from
38083798 the journal for action by the house, and, once disposed of, no other
38093799 motion to reconsider can be made.
38103800 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
38113801 the first 76 calendar days of a regular session, when any bill,
38123802 resolution, or other paper has been in committee for 6 calendar
38133803 days, exclusive of the calendar day on which it was referred, it
38143804 shall be in order for a member to move that the committee be
38153805 required to report the same within 7 calendar days. This motion
38163806 shall require a two-thirds vote for passage.
38173807 (b) After the first 76 calendar days of a regular session,
38183808 when any bill, resolution, or other paper has been in committee for
38193809 6 calendar days, exclusive of the calendar day on which it was
38203810 referred, it shall be in order for a member to move that the
38213811 committee be required to report the same within 7 calendar days.
38223812 This motion shall require a majority vote for passage.
38233813 (c) A motion to instruct a committee to report is not a
38243814 privileged motion and must be made during the routine motion period
38253815 unless made under a suspension of the rules.
38263816 (d) The house shall have no authority to instruct a
38273817 subcommittee directly; however, instructions recognized under the
38283818 rules may be given to a committee and shall be binding on all
38293819 subcommittees.
38303820 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
38313821 During the first 76 calendar days of a regular session, when any
38323822 bill, resolution, or other paper has been in committee for 7
38333823 calendar days after the committee was instructed by the house to
38343824 report that measure by a motion made under Section 45 of this rule,
38353825 it shall be in order for a member to move to rerefer the bill,
38363826 resolution, or other paper to a different committee. This motion
38373827 shall require a two-thirds vote for passage.
38383828 (b) After the first 76 calendar days of a regular session,
38393829 when any bill, resolution, or other paper has been in committee for
38403830 7 calendar days after the committee has been instructed to report
38413831 that measure by a motion made under Section 45 of this rule, it
38423832 shall be in order for a member to move to rerefer the bill,
38433833 resolution, or other paper to a different committee. This motion
38443834 shall require a majority vote for passage.
38453835 (c) A motion to rerefer a bill, resolution, or other paper
38463836 from one committee to another committee is not a privileged motion
38473837 and must be made during the routine motion period unless made under
38483838 a suspension of the rules.
38493839 RULE 8. BILLS
38503840 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
38513841 laws must be incorporated in bills, which shall consist of:
38523842 (1) a title or caption, beginning with the words "A
38533843 Bill to be Entitled An Act" and a brief statement that gives the
38543844 legislature and the public reasonable notice of the subject of the
38553845 proposed measure;
38563846 (2) an enacting clause, "Be It Enacted by the
38573847 Legislature of the State of Texas"; and
38583848 (3) the bill proper.
38593849 (b) A house bill that would impose, authorize, increase, or
38603850 change the rate or amount of a tax, assessment, surcharge, or fee
38613851 must include a short statement at the end of its title or caption
38623852 indicating the general effect of the bill on the tax, assessment,
38633853 surcharge, or fee, such as "imposing a tax (or assessment),"
38643854 "authorizing a surcharge (or fee)," or "increasing the rate (or
38653855 amount) of a tax."
38663856 (c) A house bill that would create a criminal offense,
38673857 increase the punishment for an existing criminal offense or
38683858 category of offenses, or change the eligibility of a person for
38693859 community supervision, parole, or mandatory supervision must
38703860 include a short statement at the end of its title or caption
38713861 indicating the general effect of the bill on the offense,
38723862 punishment, or eligibility, such as "creating a criminal offense,"
38733863 "increasing a criminal penalty," or "changing the eligibility for
38743864 community supervision (or parole or mandatory supervision)."
38753865 (d) A house bill that would create a requirement that an
38763866 individual or entity obtain a license, certificate, registration,
38773867 permit, or other authorization before engaging in a particular
38783868 occupation or profession or that would expand an existing
38793869 requirement to additional individuals or entities must include a
38803870 short statement at the end of its title or caption indicating the
38813871 general effect of the bill on the occupation or profession, such as
38823872 "requiring an occupational license" or "expanding the
38833873 applicability of an occupational license (or permit or
38843874 certificate)."
38853875 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
38863876 revived or amended by reference to its title. The act revived, or
38873877 the section or sections amended, shall be reenacted and published
38883878 at length. This rule does not apply to revisions adopted under
38893879 Article III, Section 43, of the Texas Constitution.
38903880 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
38913881 (except a general appropriations bill, which may embrace the
38923882 various subjects and accounts for which money is appropriated or a
38933883 revision adopted under Article III, Section 43, of the Texas
38943884 Constitution) shall contain only one subject.
38953885 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
38963886 BILL. A general law may not be changed by the provisions in an
38973887 appropriations bill.
38983888 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
38993889 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
39003890 resolution may have only one primary author. The signature of the
39013891 primary author shall be the only signature that appears on the
39023892 measure filed with the chief clerk. The signatures of all coauthors
39033893 or joint authors shall appear on the appropriate forms in the chief
39043894 clerk's office.
39053895 (b) Any member may become the coauthor of a bill or
39063896 resolution by securing permission from the author. If permission
39073897 is secured from the author prior to the time the measure is filed
39083898 with the chief clerk, the primary author and the coauthor shall sign
39093899 the appropriate form, which shall be included with the measure when
39103900 it is filed with the chief clerk. If a member wishes to become the
39113901 coauthor of a measure after it has been filed, no action shall be
39123902 required by the house, but it shall be the duty of the member
39133903 seeking to be a coauthor to obtain written authorization on the
39143904 appropriate form from the author. This authorization shall be
39153905 filed with the chief clerk before the coauthor signs the form for
39163906 the bill or resolution. The chief clerk shall report daily to the
39173907 journal clerk the names of members filed as coauthors of bills or
39183908 resolutions. If a coauthor of a bill or resolution desires to
39193909 withdraw from such status, the member shall notify the chief clerk,
39203910 who in turn shall notify the journal clerk.
39213911 (c) The primary author of a measure may designate up to four
39223912 joint authors by providing written authorization on the appropriate
39233913 form to the chief clerk. If a member designated as a joint author
39243914 has not already signed on the measure as a coauthor, that member
39253915 must also sign the form before the records will reflect the joint
39263916 author status of that member. The names of all joint authors shall
39273917 be shown immediately following the primary author's name on all
39283918 official printings of the measure, on all house calendars, in the
39293919 house journal, and in the electronic legislative information
39303920 system.
39313921 (d) The determination of the house sponsor of a senate
39323922 measure is made at the time the measure is reported from committee.
39333923 In the case of multiple requests for house sponsorship, the house
39343924 sponsor of a senate measure shall be determined by the chair of the
39353925 committee, in consultation with the senate author of the measure.
39363926 The chair of the committee must designate a primary sponsor and may
39373927 designate up to four joint sponsors or an unlimited number of
39383928 cosponsors. The names of all joint sponsors shall be shown
39393929 immediately following the primary sponsor's name on all official
39403930 printings of the measure, on all house calendars, in the house
39413931 journal, and in the electronic legislative information system.
39423932 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
39433933 Each bill shall be filed with the chief clerk when introduced and
39443934 shall be numbered in its regular order. Each bill shall be read
39453935 first time by caption and referred by the speaker to the appropriate
39463936 committee with jurisdiction.
39473937 Sec. 7. PREFILING. Beginning the first Monday after the
39483938 general election preceding the next regular legislative session, or
39493939 within 30 days prior to any special session, it shall be in order to
39503940 file with the chief clerk bills and resolutions for introduction in
39513941 that session. On receipt of the bills or resolutions, the chief
39523942 clerk shall number them and make them a matter of public record,
39533943 available for distribution. Once a bill or resolution has been so
39543944 filed, it may not be recalled. This shall apply only to
39553945 members-elect of the succeeding legislative session.
39563946 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
39573947 resolutions introduced during the first 60 calendar days of the
39583948 regular session may be considered by the committees and in the house
39593949 and disposed of at any time during the session, in accordance with
39603950 the rules of the house. After the first 60 calendar days of a
39613951 regular session, any bill or joint resolution, except local bills,
39623952 emergency appropriations, and all emergency matters submitted by
39633953 the governor in special messages to the legislature, shall require
39643954 an affirmative vote of four-fifths of those members present and
39653955 voting to be introduced.
39663956 (b) In addition to a bill defined as a "local bill" under
39673957 Section 10(c) of this rule, a bill is considered local for purposes
39683958 of this section if it relates to a specified district created under
39693959 Article XVI, Section 59, of the Texas Constitution (water
39703960 districts, etc.), a specified hospital district, or another
39713961 specified special purpose district, even if neither these rules nor
39723962 the Texas Constitution require publication of notice for that bill.
39733963 Sec. 9. FILING. (a) A bill must be filed with the chief
39743964 clerk in the manner and in an electronic or other format specified
39753965 by the chief clerk at the time that the bill is introduced.
39763966 (b) A bill relating to conservation and reclamation
39773967 districts and governed by the provisions of Article XVI, Section
39783968 59, of the Texas Constitution must be filed with copies of the
39793969 notice to introduce the bill attached if the bill is intended to:
39803970 (1) create a particular conservation and reclamation
39813971 district; or
39823972 (2) amend the act of a particular conservation and
39833973 reclamation district to:
39843974 (A) add additional land to the district;
39853975 (B) alter the taxing authority of the district;
39863976 (C) alter the authority of the district with
39873977 respect to issuing bonds; or
39883978 (D) alter the qualifications or terms of office
39893979 of the members of the governing body of the district.
39903980 Sec. 10. LOCAL BILLS. (a) The house may not consider a
39913981 local bill unless notice of intention to apply for the passage of
39923982 the bill was published as provided by law and evidence of the
39933983 publication is attached to the bill. If not attached to the bill on
39943984 filing with the chief clerk or receipt of the bill from the senate,
39953985 copies of the evidence of timely publication shall be filed with the
39963986 chief clerk and must be distributed to the members of the committee
39973987 not later than the first time the bill is laid out in a committee
39983988 meeting. The evidence shall be attached to the bill on first
39993989 printing and shall remain with the measure throughout the entire
40003990 legislative process, including submission to the governor.
40013991 (b) Neither the house nor a committee of the house may
40023992 consider a bill whose application is limited to one or more
40033993 political subdivisions by means of population brackets or other
40043994 artificial devices in lieu of identifying the political subdivision
40053995 or subdivisions by name. However, this subsection does not prevent
40063996 consideration of a bill that classifies political subdivisions
40073997 according to a minimum or maximum population or other criterion
40083998 that bears a reasonable relation to the purpose of the proposed
40093999 legislation or a bill that updates laws based on population
40104000 classifications to conform to a federal decennial census.
40114001 (c) Except as provided by Subsection (d) of this section,
40124002 "local bill" for purposes of this section means:
40134003 (1) a bill for which publication of notice is required
40144004 under Article XVI, Section 59, of the Texas Constitution (water
40154005 districts, etc.);
40164006 (2) a bill for which publication of notice is required
40174007 under Article IX, Section 9, of the Texas Constitution (hospital
40184008 districts);
40194009 (3) a bill relating to hunting, fishing, or
40204010 conservation of wildlife resources of a specified locality;
40214011 (4) a bill creating or affecting a county court or
40224012 statutory court or courts of one or more specified counties or
40234013 municipalities;
40244014 (5) a bill creating or affecting the juvenile board or
40254015 boards of a specified county or counties; or
40264016 (6) a bill creating or affecting a road utility
40274017 district under the authority of Article III, Section 52, of the
40284018 Texas Constitution.
40294019 (d) A bill is not considered to be a local bill under
40304020 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
40314021 localities, counties, or municipalities so as to be of general
40324022 application or of statewide importance.
40334023 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
40344024 considered unless it first has been referred to a committee and
40354025 reported from it.
40364026 (b) After a bill has been recommitted, it shall be
40374027 considered by the committee as a new subject.
40384028 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
40394029 before the house shall be taken up and acted on in the order in which
40404030 they appear on their respective calendars, and each calendar shall
40414031 have the priority accorded to it by the provisions of Rule 6,
40424032 Sections 7 and 8.
40434033 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
40444034 that is local as defined by Section 10(c) of this rule and that
40454035 appears on a local, consent, and resolutions calendar shall be
40464036 considered for any purpose after the 130th day of a regular session,
40474037 except to:
40484038 (1) act on senate amendments;
40494039 (2) adopt a conference committee report;
40504040 (3) reconsider the bill to make corrections; or
40514041 (4) pass the bill notwithstanding the objections of
40524042 the governor.
40534043 (b) No other house bill or joint resolution shall be
40544044 considered on its second reading after the 122nd day of a regular
40554045 session if it appears on a daily or supplemental daily house
40564046 calendar, or for any purpose after the 123rd day of a regular
40574047 session, except to:
40584048 (1) act on senate amendments;
40594049 (2) adopt a conference committee report;
40604050 (3) reconsider the bill or resolution to make
40614051 corrections; or
40624052 (4) pass the bill notwithstanding the objections of
40634053 the governor.
40644054 (c) No senate bill or joint resolution shall be considered
40654055 on its second reading after the 134th day of a regular session if it
40664056 appears on a daily or supplemental daily house calendar, or for any
40674057 purpose after the 135th day of a regular session, except to:
40684058 (1) adopt a conference committee report;
40694059 (2) reconsider the bill or resolution to remove house
40704060 amendments;
40714061 (3) reconsider the bill or resolution to make
40724062 corrections; or
40734063 (4) pass the bill notwithstanding the objections of
40744064 the governor.
40754065 (d) The speaker shall not lay any bill or joint resolution
40764066 before the house or permit a vote to be taken on its passage on the
40774067 136th and 137th days of a regular session, except to:
40784068 (1) act on senate amendments;
40794069 (2) adopt a conference committee report;
40804070 (3) reconsider the bill or resolution to remove house
40814071 amendments;
40824072 (4) reconsider the bill or resolution to make
40834073 corrections; or
40844074 (5) pass the bill notwithstanding the objections of
40854075 the governor.
40864076 (e) The speaker shall not lay any bill or joint resolution
40874077 before the house or permit a vote to be taken on its passage on the
40884078 138th and 139th days of a regular session, except to:
40894079 (1) adopt a conference committee report;
40904080 (2) reconsider the bill or resolution to remove house
40914081 amendments;
40924082 (3) discharge house conferees and concur in senate
40934083 amendments;
40944084 (4) reconsider the bill or resolution to make
40954085 corrections; or
40964086 (5) pass the bill notwithstanding the objections of
40974087 the governor.
40984088 (f) No vote shall be taken upon the passage of any bill or
40994089 resolution within 24 hours of the final adjournment of a regular
41004090 session unless it be to reconsider the bill or resolution to make
41014091 corrections, or to adopt a corrective resolution.
41024092 (g) The clock of record for the house, as determined under
41034093 Rule 2, Section 2, shall be used to determine compliance with
41044094 deadlines and other time requirements of the Texas Constitution and
41054095 these rules. A motion to suspend this rule must be decided by a
41064096 record vote.
41074097 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
41084098 resolution, except the general appropriations bill, shall be
41094099 delivered to each member by making a copy of the bill or resolution
41104100 available in an electronic format for viewing by the member and,
41114101 when the electronic format copy of the appropriate printing becomes
41124102 available, by sending notice of that fact to a Capitol e-mail
41134103 address designated by the member, at least 36 hours if convened in
41144104 regular session and 24 hours if convened in special session before
41154105 the bill can be considered by the house on second reading. If a
41164106 member informs the chief clerk in writing that the member desires to
41174107 receive paper copies of bills and resolutions under this section in
41184108 addition to delivery in an electronic format, the chief clerk shall
41194109 place a paper copy of the bill or resolution in the newspaper box of
41204110 the member as soon as practicable after the electronic copies of the
41214111 bill or resolution are made available for viewing.
41224112 (a-1) A printed copy of the general appropriations bill
41234113 shall be placed in the newspaper mailbox of each member at least 168
41244114 hours during a regular session and at least 72 hours during a
41254115 special session before the bill can be considered by the house on
41264116 second reading.
41274117 (b) By majority vote, the house may order both the original
41284118 bill or resolution and the complete committee substitute to be
41294119 printed. It shall not be necessary for the house to order complete
41304120 committee substitutes printed in lieu of original bills.
41314121 (c) A two-thirds vote of the house is necessary to order
41324122 that bills, other than local bills, be not printed. It shall not be
41334123 necessary for the house to order that local bills be not printed.
41344124 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
41354125 have the force of law until it has been read on three several
41364126 legislative days in each house and free discussion allowed, unless
41374127 this provision is suspended by a vote of four-fifths of the members
41384128 present and voting, a quorum being present. The yeas and nays shall
41394129 be taken on the question of suspension and entered in the journal.
41404130 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
41414131 consideration of any bill or resolution, the house may, by a
41424132 majority vote, order the bill or resolution to be considered
41434133 section by section, or department by department, until each section
41444134 or department has been given separate consideration. If such a
41454135 procedure is ordered, only amendments to the section or department
41464136 under consideration at that time shall be in order. However, after
41474137 each section or department has been considered separately, the
41484138 entire bill or resolution shall be open for amendment, subject to
41494139 the provisions of Rule 11, Section 8(b). Once the consideration of
41504140 a bill section by section or department by department has been
41514141 ordered, it shall not be in order to move the previous question on
41524142 the entire bill, to recommit it, to lay it on the table, or to
41534143 postpone it, until each section or department has been given
41544144 separate consideration or until the vote by which section by
41554145 section consideration was ordered is reconsidered.
41564146 (b) A motion to consider a bill section by section is
41574147 debatable within narrow limits; that is, the pros and cons of the
41584148 proposed consideration can be debated but not the merits of the
41594149 bill.
41604150 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
41614151 bill or complete committee substitute for a bill has been taken up
41624152 and read, amendments shall be in order. If no amendment is made, or
41634153 if those proposed are disposed of, then the final question on its
41644154 second reading shall be, in the case of a house bill, whether it
41654155 shall be passed to engrossment, or, in the case of a senate bill,
41664156 whether it shall pass to its third reading. All bills ordered
41674157 passed to engrossment or passed to a third reading shall remain on
41684158 the calendar on which placed, but with future priority over bills
41694159 that have not passed second reading.
41704160 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
41714161 shall certify the final passage of each bill, noting on the bill the
41724162 date of its passage, and the vote by which it passed, if by a yea and
41734163 nay vote.
41744164 Sec. 19. EFFECTIVE DATE. Every law passed by the
41754165 legislature, except the General Appropriations Act, shall take
41764166 effect or go into force on the 91st day after the adjournment of the
41774167 session at which it was enacted, unless the legislature provides
41784168 for an earlier effective date by a vote of two-thirds of all the
41794169 members elected to each house. The vote shall be taken by yeas and
41804170 nays and entered in the journals.
41814171 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
41824172 After a bill or resolution has been considered and defeated by
41834173 either house of the legislature, no bill or resolution containing
41844174 the same substance shall be passed into law during the same session.
41854175 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
41864176 In order to assure the continuation of financial support of
41874177 existing state services through the passage of the general
41884178 appropriations bill, it shall not be in order during the first 118
41894179 days of the regular session for the speaker to lay before the house,
41904180 prior to the consideration, passage, and certification by the
41914181 comptroller of the general appropriations bill, any bill that
41924182 directly or indirectly prevents from being available for purposes
41934183 of funding state government generally any money that under existing
41944184 law would otherwise be available for that purpose, including a bill
41954185 that transfers or diverts money in the state treasury from the
41964186 general revenue fund to another fund.
41974187 (b) In order to assure compliance with the limitation on
41984188 appropriations of state tax revenue not dedicated by the
41994189 constitution as provided by Article VIII, Section 22, of the Texas
42004190 Constitution, it is not in order for the speaker to lay before the
42014191 house, prior to the time that the general appropriations bill has
42024192 been finally passed and sent to the comptroller, any bill that
42034193 appropriates funds from the state treasury that are not dedicated
42044194 by the constitution.
42054195 (c) When bills subject to the provisions of Subsection (a)
42064196 of this section become eligible for consideration, they shall be
42074197 considered for passage under the rules of the house and the joint
42084198 rules as any other bill but shall not be signed by the speaker as
42094199 required by the Constitution of Texas and the rules of the house
42104200 until the general appropriations bill has been signed by the
42114201 presiding officers of both houses of the legislature and
42124202 transmitted to the comptroller of public accounts for certification
42134203 as required by Article III, Section 49a, of the Constitution of
42144204 Texas.
42154205 (d) All bills subject to the provisions of Subsection (a) of
42164206 this section that have finally passed both houses shall be enrolled
42174207 as required by the rules and transmitted to the speaker. The
42184208 speaker shall note on each bill the date and hour of final
42194209 legislative action and shall withhold his or her signature and any
42204210 further action on all such bills until the general appropriations
42214211 bill has been signed by the presiding officers of both houses and
42224212 transmitted to the comptroller of public accounts for
42234213 certification. Immediately thereafter, the speaker shall sign in
42244214 the presence of the house all bills on which further action was
42254215 being withheld because the bills were subject to the provisions of
42264216 this section. After being signed by the speaker, the bills shall
42274217 then be transmitted to the comptroller of public accounts for
42284218 certification or to the governor, as the case may be, in the order
42294219 in which final legislative action was taken. "Final legislative
42304220 action," as that term is used in this subsection, shall mean the
42314221 last act of either house meeting in general session necessary to
42324222 place the bill in its final form preparatory to enrollment.
42334223 (e) Subsections (a)-(d) of this section shall not apply to
42344224 any bills providing for:
42354225 (1) the payment of expenses of the legislature;
42364226 (2) the payment of judgments against the state;
42374227 (3) any emergency matter when requested by the
42384228 governor in a formal message to the legislature; or
42394229 (4) the reduction of taxes.
42404230 (e-1) Subsection (a) of this section does not apply to a
42414231 bill that prevents the deposit into the general revenue fund of
42424232 money received from the federal government or earnings on that
42434233 money if the bill does not prevent that money from being available
42444234 for the purpose of funding state government generally to the same
42454235 extent as under existing law.
42464236 (f) Unless within the authority of a resolution or
42474237 resolutions adopted pursuant to Article VIII, Section 22(b), of the
42484238 Texas Constitution, it is not in order for the house to consider for
42494239 final passage on third reading, on motion to concur in senate
42504240 amendments, or on motion to adopt a conference committee report, a
42514241 bill appropriating funds from the state treasury in an amount that,
42524242 when added to amounts previously appropriated by bills finally
42534243 passed and sent or due to be sent to the comptroller, would exceed
42544244 the limit on appropriations established under Chapter 316,
42554245 Government Code.
42564246 (g) The general appropriations bill shall be reported to the
42574247 house by the Committee on Appropriations not later than the 90th
42584248 calendar day of the regular session. Should the Committee on
42594249 Appropriations fail to report by the deadline, Subsections (a)-(d)
42604250 of this section shall be suspended for the balance of that regular
42614251 session.
42624252 RULE 9. JOINT RESOLUTIONS
42634253 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
42644254 proposed amendment to the Texas Constitution shall take the form of
42654255 a joint resolution, which shall be subject to the rules that govern
42664256 the proceedings on bills, except as provided by this section.
42674257 (b) A joint resolution is not subject to the provisions of
42684258 Rule 8, Section 3, or Rule 11, Section 3.
42694259 (c) A joint resolution shall be adopted on any reading after
42704260 the first if it receives a two-thirds vote of the elected membership
42714261 of the house. If such a joint resolution receives only a majority
42724262 vote on second reading, it shall be passed to engrossment, and
42734263 subsequent proceedings shall be the same as those governing the
42744264 final passage of bills which have been passed to engrossment. If
42754265 such a joint resolution does not receive a two-thirds vote of the
42764266 elected membership of the house on third reading and final passage,
42774267 it shall fail of adoption.
42784268 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
42794269 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
42804270 proposed amendment to or application to Congress for a convention
42814271 to amend the Constitution of the United States shall take the form
42824272 of a joint resolution, which shall be subject to the rules that
42834273 govern the proceedings on bills, except that it shall be adopted on
42844274 second reading if it receives a majority vote of the members present
42854275 and voting, a quorum being present. If such a joint resolution
42864276 fails to receive a majority vote, it shall fail of adoption and
42874277 shall not be considered again unless revived by a motion to
42884278 reconsider as otherwise provided in the rules.
42894279 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
42904280 resolutions on committee report shall be referred to the Committee
42914281 on Calendars for placement on an appropriate calendar. The
42924282 Committee on Calendars shall maintain a separate calendar for house
42934283 joint resolutions and a separate calendar for senate joint
42944284 resolutions. Senate joint resolutions shall be considered on
42954285 calendar Wednesdays and calendar Thursdays along with senate bills.
42964286 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
42974287 Sec. 1. FILING. Resolutions shall be introduced by filing a
42984288 resolution with the chief clerk in the manner and in an electronic
42994289 or other format specified by the chief clerk, who shall number and
43004290 record house resolutions in one series and concurrent resolutions
43014291 in a separate series.
43024292 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
43034293 recording, all resolutions shall be sent to the speaker for
43044294 referral to the proper committee.
43054295 (b) Resolutions proposing the expenditure of money out of
43064296 the contingent expense fund of the legislature shall be referred to
43074297 the Committee on House Administration.
43084298 (c) All other resolutions shall be referred to the
43094299 appropriate committee with jurisdiction.
43104300 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
43114301 on committee report, other than privileged resolutions, shall be
43124302 referred immediately to the appropriate calendars committee for
43134303 placement on the appropriate calendar.
43144304 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
43154305 resolutions shall be considered by the house only at the time
43164306 assigned for their consideration on the calendar, in accordance
43174307 with the provisions of Rule 6, Section 7.
43184308 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
43194309 on final passage of a resolution other than a resolution of a purely
43204310 ceremonial or honorary nature must be by record vote with the vote
43214311 of each member entered in the journal as required by Section 12(b),
43224312 Article III, Texas Constitution.
43234313 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
43244314 take the same course as house resolutions, except that they shall be
43254315 sent to the governor for signing when finally passed by both houses.
43264316 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
43274317 office of mascot shall be named in and elected by a single house
43284318 resolution.
43294319 (b) Only children of house members who are under the age of
43304320 12 years shall be eligible for election to the honorary office of
43314321 mascot. A child once named a mascot shall not be eligible for the
43324322 honor a second time.
43334323 (c) No separate classification or special title shall be
43344324 given to any mascot, but all shall receive the same title of
43354325 honorary mascot of the house of representatives.
43364326 (d) The speaker shall issue a certificate showing the
43374327 election of each mascot and deliver it to the parent member of the
43384328 child.
43394329 Pictures of mascots shall appear on the panel picture of the
43404330 house.
43414331 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
43424332 SESSIONS. The subject matter of house resolutions and concurrent
43434333 resolutions does not have to be submitted by the governor in a
43444334 called session before they can be considered.
43454335 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
43464336 Resolutions authorizing the enrolling clerk of the house or senate
43474337 to make technical corrections to a measure that has been finally
43484338 acted upon by both houses of the legislature shall be privileged in
43494339 nature and need not be referred to committee. Such resolutions
43504340 shall be eligible for consideration by the house upon introduction
43514341 in the house or receipt from the senate.
43524342 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
43534343 RESOLUTION. The enrolled printing of a house congratulatory or
43544344 memorial resolution shall include a place for the signature of the
43554345 primary author of the resolution. The chief clerk shall provide the
43564346 primary author with the opportunity to sign the resolution after
43574347 the resolution is enrolled. The absence of the primary author's
43584348 signature does not affect the validity of the resolution as adopted
43594349 by the house.
43604350 RULE 11. AMENDMENTS
43614351 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
43624352 resolution, motion, or proposition is under consideration, a motion
43634353 to amend and a motion to amend that amendment shall be in order. It
43644354 shall also be in order to offer a further amendment by way of a
43654355 substitute. Such a substitute may not be amended. If the
43664356 substitute is adopted, the question shall then be on the amendment
43674357 as substituted, and under this condition an amendment is not in
43684358 order.
43694359 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
43704360 AMENDMENTS. No motion or proposition on a subject different from
43714361 the subject under consideration shall be admitted as an amendment
43724362 or as a substitute for the motion or proposition under debate.
43734363 "Proposition" as used in this section shall include a bill,
43744364 resolution, joint resolution, or any other motion which is
43754365 amendable.
43764366 Amendments pertaining to the organization, powers,
43774367 regulation, and management of the agency, commission, or advisory
43784368 committee under consideration are germane to bills extending state
43794369 agencies, commissions, or advisory committees under the provisions
43804370 of the Texas Sunset Act (Chapter 325, Government Code).
43814371 An amendment to a committee substitute laid before the house
43824372 in lieu of an original bill is germane if each subject of the
43834373 amendment is a subject that is included in the committee substitute
43844374 or was included in the original bill.
43854375 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
43864376 bill shall be amended in its passage through either house so as to
43874377 change its original purpose.
43884378 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
43894379 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
43904380 resolution shall not be in order during its consideration on a
43914381 local, consent, and resolutions calendar set by the Committee on
43924382 Local and Consent Calendars, unless the amendments have first been
43934383 submitted to and approved by the Committee on Local and Consent
43944384 Calendars, which shall be noted thereon by the chair of the
43954385 Committee on Local and Consent Calendars prior to the offering of
43964386 the amendments.
43974387 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
43984388 taken up on its third reading, amendments shall be in order, but
43994389 shall require a two-thirds vote of the members present for their
44004390 adoption. A bill on third reading may be recommitted to a committee
44014391 and later reported to the house with amendments, in which case the
44024392 bill shall again take the course of a bill at its second reading.
44034393 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
44044394 amendment shall be filed with the speaker. When the amendment is
44054395 read, two copies shall go to the chief clerk, one copy to the
44064396 journal clerk, one copy to the reading clerk, and one copy to the
44074397 speaker. No amendment offered from the floor shall be in order
44084398 unless the sponsoring member has complied with the provisions of
44094399 this section with respect to copies of the amendment. The chief
44104400 clerk shall retain one copy of each amendment filed with the speaker
44114401 under this section whether or not the amendment was offered by the
44124402 filing member.
44134403 (b) Prior to the time that an amendment is offered, if the
44144404 amendment exceeds one page in length, the sponsoring member must
44154405 provide to the chief clerk a minimum of five copies to be available
44164406 for distribution to those members requesting copies of the
44174407 amendment.
44184408 (c) If the amendment is only one page in length or less, the
44194409 sponsoring member must provide one additional copy of the amendment
44204410 to the chief clerk, who shall immediately proceed to have
44214411 additional copies made and available for those members requesting
44224412 copies of the amendment.
44234413 (d) The provisions of this section with respect to extra
44244414 copies shall not apply to committee amendments or to amendments
44254415 which do nothing more than delete material from the bill or
44264416 resolution.
44274417 (e) The speaker shall not recognize a member to offer an
44284418 original amendment that exceeds one page in length and that is in
44294419 the form of a complete substitute for the bill or resolution laid
44304420 before the house, or in the opinion of the speaker is a substantial
44314421 substitute, unless 10 copies of the amendment have been provided to
44324422 the chief clerk and were available in the chief clerk's office at
44334423 least 12 hours prior to the time the calendar on which the bill or
44344424 resolution to be amended is eligible for consideration.
44354425 (f) An amendment may be typed, hand-printed, or
44364426 handwritten, but must be legible in order to be offered.
44374427 (g) The speaker shall not recognize a member to offer an
44384428 original amendment to a bill extending an agency, commission, or
44394429 advisory committee under the Texas Sunset Act unless 10 copies of
44404430 the amendment have been provided to the chief clerk and were
44414431 available in the chief clerk's office at least 24 hours prior to the
44424432 time the calendar on which the bill or resolution to be amended is
44434433 eligible for consideration.
44444434 (h) If the house is convened in regular session, the speaker
44454435 shall not recognize a member to offer an original amendment to the
44464436 general appropriations bill on second reading unless 10 copies of
44474437 the amendment have been provided to the chief clerk and were
44484438 available in the chief clerk's office at least 72 hours prior to the
44494439 time the calendar on which the general appropriations bill appears
44504440 for second reading is first eligible for consideration.
44514441 (i) The Committee on House Administration shall ensure
44524442 that:
44534443 (1) the floor amendment system through which members
44544444 of the house may view an electronic image of current or past
44554445 amendments, or the system's successor in function, is available to
44564446 the public on the Internet;
44574447 (2) members of the public using the system available
44584448 on the Internet may view the same information that members may view
44594449 at the same time that members may view the information; and
44604450 (3) members of the public using the system available
44614451 on the Internet may view any amendment required to be provided to
44624452 the chief clerk under Rule 11, Sections 6(e), (g), and (h) at least
44634453 10 hours prior to the time the calendar on which the bill or
44644454 resolution to be amended is eligible for consideration.
44654455 (j) To the extent practicable, an amendment must include the
44664456 page and line numbers of the text of the bill, resolution, or
44674457 amendment being amended. Failure to comply with the requirements of
44684458 this subsection is not a sustainable point of order.
44694459 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
44704460 motions to amend shall be offered in the following order:
44714461 (1) motions to amend by striking out the enacting
44724462 clause of a bill (or the resolving clause of a resolution), which
44734463 amendment cannot be amended or substituted;
44744464 (2) motions to amend an original bill, resolution,
44754465 motion, or proposition (other than substitute bills as provided for
44764466 in Subdivision (3) below), which shall have precedence as follows:
44774467 (A) original amendment;
44784468 (B) amendment to the amendment;
44794469 (C) substitute for the amendment to the
44804470 amendment.
44814471 Recognition for the offering of original amendments shall be
44824472 as follows: first, the main author; second, the member or members
44834473 offering the committee amendment; and third, members offering other
44844474 amendments from the floor;
44854475 (3) motions to amend an original bill by striking out
44864476 all after the enacting clause (substitute bills), which substitute
44874477 bills shall be subject to amendment as follows:
44884478 (A) amendment to the substitute bill;
44894479 (B) substitute for the amendment to the
44904480 substitute bill.
44914481 Recognition for offering such substitute bills shall be as
44924482 follows: first, the main author of the original bill, if the
44934483 member has not sought to perfect the bill by amendments as provided
44944484 for in Subdivision (2) above; second, the member or members
44954485 offering the committee amendment; and, third, members offering
44964486 amendments from the floor.
44974487 It shall be in order under the procedure described in this
44984488 subdivision to have as many as four complete measures pending
44994489 before the house at one time; that is, an original bill, an
45004490 amendment striking out all after the enacting clause of the bill and
45014491 inserting a new bill body, an amendment to the amendment striking
45024492 out all after the enacting clause of the bill and inserting a new
45034493 bill body, and a substitute for this amendment to the amendment to
45044494 the original bill which is also a new bill body. These "substitute
45054495 bills" shall be voted on in the reverse order of their offering;
45064496 (4) motions to amend the caption of a bill or joint
45074497 resolution, which may also be offered in accordance with Section
45084498 9(a) of this rule.
45094499 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
45104500 out and to insert new matter in lieu of that to be stricken out shall
45114501 be regarded as a substitute and shall be indivisible.
45124502 (b) Matter inserted or stricken out of an original bill by
45134503 way of amendment may not be taken out or reinserted at a later time
45144504 on the same reading except under the following conditions:
45154505 (1) reconsideration of the inserting or deleting
45164506 amendment;
45174507 (2) adoption of a "substitute bill" amendment;
45184508 (3) adoption of an amendment for a whole paragraph,
45194509 section or subdivision of a bill which so materially changes the
45204510 original text that the portion inserted or deleted is in fact of
45214511 minor importance.
45224512 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
45234513 of a bill or resolution shall not be in order until all other
45244514 proposed amendments have been acted on and the house is ready to
45254515 vote on the passage of the measure, and it shall then be decided
45264516 without debate.
45274517 (b) If the previous question has been ordered on a bill or
45284518 joint resolution at any reading, an amendment to the caption of that
45294519 bill or joint resolution may be offered and voted on immediately
45304520 preceding the final vote on the bill or joint resolution.
45314521 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
45324522 amendments shall be admitted only when seconded by 25 members. The
45334523 motion may take either of two forms:
45344524 (1) to limit amendments to those pending before the
45354525 house; or
45364526 (2) to limit amendments to those pending on the
45374527 speaker's desk.
45384528 (b) The motion shall be put by the chair in this manner: "The
45394529 motion has been seconded. Three minutes pro and con debate will be
45404530 allowed on the motion to limit amendments." As soon as the debate
45414531 has ended, the chair shall continue: "As many as are in favor of
45424532 limiting amendments on (here state on which question or questions)
45434533 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
45444534 all other propositions, a motion to limit amendments shall be
45454535 decided by a record vote if demanded by any member. If ordered by a
45464536 majority of the members voting, a quorum being present, the motion
45474537 shall have the effect of confining further debate and consideration
45484538 to those amendments included within the motion, and thereafter the
45494539 chair will accept no more amendments to the proposition to which the
45504540 motion is applied.
45514541 (c) The motion to limit amendments, if adopted, shall not in
45524542 any way cut off or limit debate or other parliamentary maneuvers on
45534543 the pending proposition or propositions or amendment or amendments
45544544 included within the motion. The sole function of the motion is to
45554545 prevent the chair from accepting further amendments to the
45564546 proposition to which the motion is applied.
45574547 (d) Except as otherwise provided, the motion to limit
45584548 amendments shall have no effect on the parliamentary situation to
45594549 which the motion is applied, and the matter to which the motion is
45604550 applied shall continue to be considered by the house in all other
45614551 respects as though the motion had not been made.
45624552 (e) The amendments that are included within the motion to
45634553 limit amendments shall each be subject to amendment, if otherwise
45644554 permitted under the rules.
45654555 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
45664556 motion to limit amendments is not subject to a motion to table.
45674557 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
45684558 is offered, followed by an amendment to that amendment, and then a
45694559 substitute for the amendment to the amendment, these questions
45704560 shall be voted on in the reverse order of their offering.
45714561 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
45724562 amendment is adopted, such action shall be certified by the chief
45734563 clerk on the amendment, and the official copy of the amendment shall
45744564 then be securely attached to the bill or resolution which it amends.
45754565 RULE 12. PRINTING
45764566 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
45774567 Except as otherwise provided in this rule, all bills and joint
45784568 resolutions shall be printed and a copy provided to each member at
45794569 each of the following stages in the parliamentary progress of the
45804570 bill or joint resolution:
45814571 (1) at the time of the committee report on the bill or
45824572 joint resolution, which shall be known as "First Printing" and
45834573 which shall consist of:
45844574 (A) a complete text of the bill or joint
45854575 resolution as reported from committee;
45864576 (B) a complete copy of the bill analysis, a
45874577 complete copy of the summary of committee action, and a complete
45884578 copy of the witness list;
45894579 (C) the text of the committee report;
45904580 (D) the record vote by which the measure was
45914581 reported from committee, including the vote of individual members;
45924582 (E) a copy of the latest fiscal note; and
45934583 (F) a copy of each impact statement received by
45944584 the committee;
45954585 (2) at the time the bill or joint resolution, if
45964586 amended, finally passes the senate, senate amendments and house
45974587 engrossment text will be printed, which shall be known as "Second
45984588 Printing"; and
45994589 (3) at the time the conference committee, if any,
46004590 makes its report on the bill or joint resolution, which shall be
46014591 known as "Third Printing."
46024592 (b) In any section of the first printing of a bill or joint
46034593 resolution that proposes to amend an existing statute or
46044594 constitutional provision, language sought to be deleted must be
46054595 bracketed and stricken through, and language sought to be added
46064596 must be underlined. This requirement does not apply to:
46074597 (1) an appropriations bill;
46084598 (2) a local bill;
46094599 (3) a game bill;
46104600 (4) a recodification bill;
46114601 (5) a redistricting bill;
46124602 (6) a section of a bill or joint resolution not
46134603 purporting to amend an existing statute or constitutional
46144604 provision;
46154605 (7) a section of a bill or joint resolution that
46164606 revises the entire text of an existing statute or constitutional
46174607 provision, to the extent that it would confuse rather than clarify
46184608 to show deletions and additions; and
46194609 (8) a section of a bill or joint resolution providing
46204610 for severability, nonseverability, emergency, or repeal of an
46214611 existing statute or constitutional provision.
46224612 (c) The speaker may overrule a point of order raised as to a
46234613 violation of Subsection (b) of this section if the violation is
46244614 typographical or minor and does not tend to deceive or mislead.
46254615 (d) The requirement to provide a copy of a printing to each
46264616 member may be accomplished by making a copy of the printing
46274617 available in an electronic format for viewing by the member and,
46284618 when the electronic format copy of the appropriate printing becomes
46294619 available, sending notice of that fact to a Capitol e-mail address
46304620 designated by the member. If a member informs the chief clerk that
46314621 the member also desires to receive a paper copy of printings at
46324622 first, second, or third printing, the chief clerk shall place paper
46334623 copies of those printings designated by the member in the newspaper
46344624 box of the member as soon as practicable after the electronic copies
46354625 of the printings are made available for viewing.
46364626 (e) The provisions of Subsection (d) of this section
46374627 authorizing delivery of a printing by electronic means also apply
46384628 to any fiscal note, impact statement, analysis, or other item
46394629 required by these rules to be delivered or made available to each
46404630 member as an attachment to or in connection with the applicable
46414631 printing.
46424632 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
46434633 after the first printing except when ordered printed by a majority
46444634 vote of the house.
46454635 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
46464636 shall be printed only if the resolution:
46474637 (1) grants permission to sue the state;
46484638 (2) memorializes Congress to take or to refrain from
46494639 taking certain action;
46504640 (3) sets legislative policy or declares legislative
46514641 intent;
46524642 (4) makes corrective changes in any bill, joint
46534643 resolution, or conference committee report;
46544644 (5) establishes or interprets policy for a state
46554645 agency, department, or political subdivision;
46564646 (6) establishes, modifies, or changes internal
46574647 procedures or administration of the legislature or any component
46584648 part thereof;
46594649 (7) proposes an amendment to the Joint Rules of the
46604650 Senate and the House of Representatives; or
46614651 (8) is ordered printed by a majority vote of the house.
46624652 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
46634653 printed only if the resolution:
46644654 (1) proposes an amendment to the rules of the house;
46654655 (2) establishes, modifies, or changes the internal
46664656 procedures and administration of the house;
46674657 (3) establishes legislative policy or interprets
46684658 legislative intent; or
46694659 (4) is ordered printed by a majority of the house.
46704660 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
46714661 REQUIREMENTS. Except for matter to be printed in the journal, all
46724662 requirements contained in the rules with respect to the printing of
46734663 bills, resolutions, reports, and other matters shall be considered
46744664 complied with if the material is adequately and properly reproduced
46754665 by any acceptable means of reproduction.
46764666 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
46774667 CHAPTER A. MESSAGES
46784668 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
46794669 communications from the governor shall be received when announced,
46804670 and shall be read on the calendar day received.
46814671 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
46824672 the senate shall be received when announced. Senate bills
46834673 announced as passed shall be read for the first time and referred to
46844674 the appropriate committee as soon as practicable.
46854675 (b) Messages from the senate announcing amendments to house
46864676 bills and resolutions, nonconcurrence in house amendments to senate
46874677 bills and resolutions, requests for conference committees, reports
46884678 of conference committees, and all other matters of disagreement,
46894679 amendments, and requests between the two houses, shall go to the
46904680 speaker's desk in their regular order, but may be called up for
46914681 action by the house at any time as a privileged matter, yielding
46924682 only to a motion to adjourn.
46934683 CHAPTER B. SENATE AMENDMENTS
46944684 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
46954685 resolution, or other matter is returned to the house with senate
46964686 amendments, the house may:
46974687 (1) agree to the amendments; or
46984688 (2) disagree to all of the amendments and ask for a
46994689 conference committee; or
47004690 (3) agree to one or more of the amendments and disagree
47014691 as to the remainder and request a conference committee to consider
47024692 those in disagreement; or
47034693 (4) agree to one or more and disagree as to the
47044694 remainder; or
47054695 (5) disagree to all amendments.
47064696 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
47074697 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
47084698 amendments thereto must be adopted by a vote of two-thirds of the
47094699 elected membership of the house.
47104700 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
47114701 to house bills and resolutions must be printed and copies provided
47124702 to the members at least 24 hours before any action can be taken
47134703 thereon by the house during a regular or special session.
47144704 (b) When a house bill or joint resolution, other than the
47154705 general appropriations bill, with senate amendments is returned to
47164706 the house, the chief clerk shall request the Legislative Budget
47174707 Board to prepare a fiscal note outlining the fiscal implications
47184708 and probable cost of the measure as impacted by the senate
47194709 amendments. A copy of the fiscal note shall be distributed with the
47204710 senate amendments on their printing before any action can be taken
47214711 on the senate amendments by the house.
47224712 (c) When a house bill or joint resolution, other than the
47234713 general appropriations bill, with senate amendments is returned to
47244714 the house, the chief clerk shall request the Texas Legislative
47254715 Council to prepare an analysis that describes the substantive
47264716 changes made to the house version of the bill by the senate
47274717 amendments. A copy of the council's analysis of senate amendments
47284718 shall be provided to the members electronically or as a printed copy
47294719 at least 12 hours before action is taken on the senate amendments by
47304720 the house. The Texas Legislative Council shall make all reasonable
47314721 efforts to timely provide the analysis in as accurate a form as time
47324722 allows. However, an unavoidable inability to provide the analysis
47334723 or an inadvertent error in the analysis is not a sustainable
47344724 question of order.
47354725 (d) When a house bill or joint resolution for which a tax
47364726 equity note was required under Rule 4, Section 34(b)(5), is
47374727 returned to the house with senate amendments, the chief clerk shall
47384728 request the Legislative Budget Board to prepare a tax equity note
47394729 estimating the general effects of the senate amendments on the
47404730 distribution of tax and fee burdens among individuals and
47414731 businesses. A copy of the updated tax equity note shall be made
47424732 available to each member, in some format, before any vote on the
47434733 floor can be taken on the senate amendments by the house.
47444734 Sec. 5A. RETURN OF NONGERMANE SENATE AMENDMENTS BY SPEAKER.
47454735 When a house bill or joint resolution, other than the general
47464736 appropriations bill, with senate amendments is returned to the
47474737 house, the speaker, with the permission of the primary author of the
47484738 bill or resolution, may return the bill or resolution to the senate
47494739 if the speaker determines that the senate amendments are not
47504740 germane to the house version of the bill or resolution. The speaker
47514741 may act under this section without regard to whether the bill or
47524742 resolution is eligible for consideration by the house. If the
47534743 speaker returns a bill or resolution to the senate under this
47544744 section, the speaker shall attach to the bill or resolution a
47554745 statement of the speaker's action that includes an explanation of
47564746 the speaker's determination, and shall enter the statement in the
47574747 journal as soon as practicable.
47584748 CHAPTER C. CONFERENCE COMMITTEES
47594749 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
47604750 between the senate and the house by committee, the number of
47614751 committee members from each house shall be five. All votes on
47624752 matters of difference shall be taken by each committee separately.
47634753 A majority of each committee shall be required to determine the
47644754 matter in dispute. Reports by conference committees must be signed
47654755 by a majority of each committee of the conference.
47664756 (b) A copy of the report signed by a majority of each
47674757 committee of the conference must be furnished to each member of the
47684758 committee in person or if unable to deliver in person by placing a
47694759 copy in the member's newspaper mailbox at least one hour before the
47704760 report is furnished to each member of the house under Section 10(a)
47714761 of this rule. The paper copies of the report submitted to the chief
47724762 clerk under Section 10(b) of this rule must contain a certificate
47734763 that the requirement of this subsection has been satisfied, and
47744764 that certificate must be attached to the copy of the report
47754765 furnished to each member under Section 10(d) of this rule. Failure
47764766 to comply with this subsection is not a sustainable point of order
47774767 under this rule.
47784768 Sec. 7. MEETINGS. (a) House conferees when meeting with
47794769 senate conferees to adjust differences shall meet in public and
47804770 shall give a reasonable amount of notice of the meeting in the place
47814771 designated for giving notice of meetings of house standing
47824772 committees. Any such meeting shall be open to the news media. Any
47834773 conference committee report adopted in private shall not be
47844774 considered by the house.
47854775 (b) At a meeting of the conferees to adjust differences on
47864776 the general appropriations bill, the chair of the house conferees
47874777 may request the assistance of any house member who serves on the
47884778 appropriations committee.
47894779 Sec. 8. INSTRUCTIONS. Instructions to a conference
47904780 committee shall be made after the conference is ordered and before
47914781 the conferees are appointed by the speaker, and not thereafter.
47924782 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
47934783 committees shall limit their discussions and their actions solely
47944784 to the matters in disagreement between the two houses. A conference
47954785 committee shall have no authority with respect to any bill or
47964786 resolution:
47974787 (1) to change, alter, or amend text which is not in
47984788 disagreement;
47994789 (2) to omit text which is not in disagreement;
48004790 (3) to add text on any matter which is not in
48014791 disagreement;
48024792 (4) to add text on any matter which is not included in
48034793 either the house or senate version of the bill or resolution.
48044794 This rule shall be strictly construed by the presiding
48054795 officer in each house to achieve these purposes.
48064796 (b) Conference committees on appropriations bills, like
48074797 other conference committees, shall limit their discussions and
48084798 their actions solely to the matters in disagreement between the two
48094799 houses. In addition to the limitations contained elsewhere in the
48104800 rules, a conference committee on appropriations bills shall be
48114801 strictly limited in its authority as follows:
48124802 (1) If an item of appropriation appears in both house
48134803 and senate versions of the bill, the item must be included in the
48144804 conference committee report.
48154805 (2) If an item of appropriation appears in both house
48164806 and senate versions of the bill, and in identical amounts, no change
48174807 can be made in the item or the amount.
48184808 (3) If an item of appropriation appears in both house
48194809 and senate versions of the bill but in different amounts, no change
48204810 can be made in the item, but the amount shall be at the discretion of
48214811 the conference committee, provided that the amount shall not exceed
48224812 the larger version and shall not be less than the smaller version.
48234813 (4) If an item of appropriation appears in one version
48244814 of the bill and not in the other, the item can be included or omitted
48254815 at the discretion of the conference committee. If the item is
48264816 included, the amount shall not exceed the sum specified in the
48274817 version containing the item.
48284818 (5) If an item of appropriation appears in neither the
48294819 house nor the senate version of the bill, the item must not be
48304820 included in the conference committee report. However, the
48314821 conference committee report may include appropriations for
48324822 purposes or programs authorized by bills that have been passed and
48334823 sent to the governor and may include contingent appropriations for
48344824 purposes or programs authorized by bills that have been passed by at
48354825 least one house.
48364826 This rule shall be strictly construed by the presiding
48374827 officer in each house to achieve these purposes.
48384828 (c) Conference committees on tax bills, like other
48394829 conference committees, shall limit their discussions and their
48404830 actions solely to the matters in disagreement between the two
48414831 houses. In addition to the limitations contained elsewhere in the
48424832 rules, a conference committee on a tax bill shall be strictly
48434833 limited in its authority as follows:
48444834 (1) If a tax item appears in both house and senate
48454835 versions of the bill, the item must be included in the conference
48464836 committee report.
48474837 (2) If a tax item appears in both house and senate
48484838 versions of the bill, and in identical form and with identical
48494839 rates, no change can be made in the item or the rate provided.
48504840 (3) If a tax item appears in both house and senate
48514841 versions of the bill but at differing rates, no change can be made
48524842 in the item, but the rate shall be at the discretion of the
48534843 conference committee, provided that the rate shall not exceed the
48544844 higher version and shall not be less than the lower version.
48554845 (4) If a tax item appears in one version of the bill
48564846 and not in the other, the item can be included or omitted at the
48574847 discretion of the conference committee. If the item is included,
48584848 the rate shall not exceed the rate specified in the version
48594849 containing the item.
48604850 (5) If a tax item appears in neither the house nor the
48614851 senate version of the bill, the item must not be included in the
48624852 conference committee report.
48634853 This rule shall be strictly construed by the presiding
48644854 officer in each house to achieve these purposes.
48654855 (d) Conference committees on reapportionment bills, to the
48664856 extent possible, shall limit their discussions and their actions to
48674857 the matters in disagreement between the two houses. Since the
48684858 adjustment of one district in a reapportionment bill will
48694859 inevitably affect other districts, the strict rule of construction
48704860 imposed on other conference committees must be relaxed somewhat
48714861 when reapportionment bills are involved. Accordingly, the
48724862 following authority and limitations shall apply only to conference
48734863 committees on reapportionment bills:
48744864 (1) If the matters in disagreement affect only certain
48754865 districts, and other districts are identical in both house and
48764866 senate versions of the bill, the conference committee shall make
48774867 adjustments only in those districts whose rearrangement is
48784868 essential to the effective resolving of the matters in
48794869 disagreement. All other districts shall remain unchanged.
48804870 (2) If the matters in disagreement permeate the entire
48814871 bill and affect most, if not all, of the districts, the conference
48824872 committee shall have wide discretion in rearranging the districts
48834873 to the extent necessary to resolve all differences between the two
48844874 houses.
48854875 (3) Insofar as the actual structure of the districts
48864876 is concerned, and only to that extent, the provisions of Subsection
48874877 (a) of this section shall not apply to conference committees on
48884878 reapportionment bills.
48894879 (e) Conference committees on recodification bills, like
48904880 other conference committees, shall limit their discussions and
48914881 their actions solely to the matters in disagreement between the two
48924882 houses. The comprehensive and complicated nature of recodification
48934883 bills makes necessary the relaxing of the strict rule of
48944884 construction imposed on other conference committees only to the
48954885 following extent:
48964886 (1) If it develops in conference committee that
48974887 material has been inadvertently included in both house and senate
48984888 versions which properly has no place in the recodification, that
48994889 material may be omitted from the conference committee report, if by
49004890 that omission the existing statute is not repealed, altered, or
49014891 amended.
49024892 (2) If it develops in conference committee that
49034893 material has been inadvertently omitted from both the house and
49044894 senate versions which properly should be included if the
49054895 recodification is to achieve its purpose of being all-inclusive of
49064896 the statutes being recodified, that material may be added to the
49074897 conference committee report, if by the addition the existing
49084898 statute is merely restated without substantive change in existing
49094899 law.
49104900 (f) Limitations imposed on certain conference committees by
49114901 the provisions of this section may be suspended in part by
49124902 permission of the house to allow consideration of and action on a
49134903 specific matter or matters which otherwise would be prohibited.
49144904 Permission shall be granted only by resolution passed by majority
49154905 vote of the house. All such resolutions shall be privileged in
49164906 nature and need not be referred to a committee. The introduction of
49174907 such a resolution shall be announced from the house floor and the
49184908 resolution shall be eligible for consideration by the house:
49194909 (1) three hours after a copy of the resolution has been
49204910 distributed to each member; or
49214911 (2) for a resolution suspending limitations on a
49224912 conference committee considering the general appropriations bill,
49234913 48 hours in a regular session and 24 hours in a special session
49244914 after a copy of the resolution has been distributed to each member.
49254915 (g) The time at which the copies of such a resolution are
49264916 distributed to the members shall be time-stamped on the originals
49274917 of the resolution. The resolution shall specify in detail:
49284918 (1) the exact language of the matter or matters
49294919 proposed to be considered;
49304920 (2) the specific limitation or limitations to be
49314921 suspended;
49324922 (3) the specific action contemplated by the conference
49334923 committee;
49344924 (4) except for a resolution suspending the limitations
49354925 on the conferees for the general appropriations bill, the reasons
49364926 that suspension of the limitations is being requested; and
49374927 (5) a fiscal note distributed with the resolution
49384928 outlining the fiscal implications and probable cost of the items to
49394929 be included in the conference committee report that would otherwise
49404930 be prohibited but for the passage of the resolution.
49414931 (h) In the application of Subsection (g) of this section to
49424932 appropriations bills, the resolution:
49434933 (1) need not include changes in amounts resulting from
49444934 a proposed salary plan or changes in format that do not affect the
49454935 amount of an appropriation or the method of finance of an
49464936 appropriation, but shall include a general statement describing the
49474937 salary plan or format change;
49484938 (2) need not include differences in language which do
49494939 not affect the substance of the bill;
49504940 (3) if suspending a limitation imposed by Subsection
49514941 (b)(2), (3), (4), or (5) of this section, must specify the amount by
49524942 which the appropriation in the conference committee report is less
49534943 than or greater than the amount permitted for that item of
49544944 appropriation under Subsection (b) of this section; and
49554945 (4) shall be available in its entirety on the
49564946 electronic legislative information system that is accessible by the
49574947 general public.
49584948 (i) Permission granted by a resolution under Subsection (f)
49594949 of this section shall suspend the limitations only for the matter or
49604950 matters clearly specified in the resolution, and the action of the
49614951 conference committee shall be in conformity with the resolution.
49624952 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
49634953 conference committee reports must be printed and a copy furnished
49644954 to each member as provided by Rule 12, Section 1, at least 24 hours
49654955 before action can be taken on the report by the house during a
49664956 regular or special session.
49674957 (b) Three original copies of a conference committee report
49684958 shall be submitted to the chief clerk for printing. Each original
49694959 conference committee report shall contain the following:
49704960 (1) the signatures of the house conferees and senate
49714961 conferees who voted to adopt the conference committee report;
49724962 (2) the text of the bill or resolution as adopted by
49734963 the conference committee; and
49744964 (3) an analysis of the conference committee report as
49754965 required by Section 11 of this rule.
49764966 (c) Before action can be taken by the house on a conference
49774967 committee report on a bill or joint resolution, other than the
49784968 general appropriations bill, a fiscal note outlining the fiscal
49794969 implications and probable cost of the conference committee report
49804970 shall be submitted to the chief clerk, and a copy of the fiscal note
49814971 shall be distributed with the conference committee report on its
49824972 printing.
49834973 (d) Before a vote on the floor can be taken by the house on a
49844974 conference committee report on a bill or joint resolution for which
49854975 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
49864976 equity note estimating the general effects of the conference
49874977 committee report on the distribution of tax and fee burdens among
49884978 individuals and businesses shall be submitted to the chief clerk,
49894979 and a copy of the tax equity note shall be made available to each
49904980 member.
49914981 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
49924982 committees shall include an analysis showing wherein the report
49934983 differs from the house and senate versions of the bill, resolution,
49944984 or other matter in disagreement. The analysis of appropriations
49954985 bills shall show in dollar amounts the differences between the
49964986 conference committee report and the house and senate versions. No
49974987 conference committee report shall be considered by the house unless
49984988 such an analysis has been prepared and distributed to each member.
49994989 (b) The analysis shall to the extent practical indicate any
50004990 instance wherein the conference committee in its report appears to
50014991 have exceeded the limitations imposed on its jurisdiction by
50024992 Section 9 of this rule. An analysis and the conference committee
50034993 report in which the analysis is included are not subject to a point
50044994 of order due to a failure to comply with this subsection or due to a
50054995 mistake made in complying with this subsection.
50064996 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
50074997 report is not subject to amendment, but must be accepted or rejected
50084998 in its entirety. While a conference committee report is pending, a
50094999 motion to deal with individual amendments in disagreement is not in
50105000 order.
50115001 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
50125002 committee report is not acceptable to the house for any reason, it
50135003 may be recommitted to the same committee with the request for
50145004 further consideration, and the house may or may not give any
50155005 specific instructions on the report to the conference committee; or
50165006 the house may request the appointment by the senate of a new
50175007 conference committee and then proceed to empower the speaker to
50185008 name new conferees for the house.
50195009 RULE 14. GENERAL PROVISIONS
50205010 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
50215011 inexplicit on any question of order or parliamentary practice, the
50225012 Rules of the House of Representatives of the United States
50235013 Congress, and its practice as reflected in published precedents,
50245014 and Mason's Manual of Legislative Procedure shall be considered as
50255015 authority.
50265016 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
50275017 rules of the house shall be proposed by house resolutions which
50285018 shall be referred at once, without debate, to the Committee on Rules
50295019 and Resolutions for study and recommendation.
50305020 (b) A resolution proposing an amendment to the rules shall
50315021 not be considered by the house until a printed copy of the
50325022 resolution has been provided to each member of the house at least 48
50335023 hours before consideration.
50345024 (c) Amendments to the rules shall require a majority vote of
50355025 the house for adoption.
50365026 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
50375027 the rules shall be in order at any time, except when motions to
50385028 adjourn or recess are pending, even when the house is operating
50395029 under the previous question. A motion to "suspend all rules" shall
50405030 be sufficient to suspend every rule under which the house is
50415031 operating for a particular purpose except the provisions of the
50425032 constitution and the joint rules of the two houses. If the rules
50435033 have been suspended on a main motion for a given purpose, no other
50445034 motion to suspend the rules on a main motion shall be in order until
50455035 the original purpose has been accomplished.
50465036 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
50475037 shall not be in order to move to suspend the rules or the regular
50485038 order of business to take up a measure out of its regular order, and
50495039 the speaker shall not recognize anyone for either purpose, unless
50505040 the speaker has announced to the house in session that the speaker
50515041 would recognize a member for that purpose at least one hour before
50525042 the member is so recognized to make the motion. In making the
50535043 announcement to the house, the speaker shall advise the house of the
50545044 member's name and the bill number, and this information, together
50555045 with the time that the announcement was made, shall be entered in
50565046 the journal. This rule may be suspended only by unanimous consent.
50575047 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
50585048 of the house may be suspended by an affirmative vote of two-thirds
50595049 of the members present. However, if a rule contains a specific
50605050 provision showing the vote by which that rule may be suspended, that
50615051 vote shall be required for the suspension of the rule. The specific
50625052 provision may not be suspended under the provisions of this
50635053 section.
50645054 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
50655055 measure taken up under suspension and not disposed of on the same
50665056 day shall go over as pending or unfinished business to the next day
50675057 that the house is in session, and shall be considered thereafter
50685058 from day to day (except the days used for the consideration of
50695059 senate bills) until disposed of.
50705060 Sec. 7. COMMITTEE GIFTS. A member of the house may not
50715061 offer, confer, or agree to confer to a committee member one or more
50725062 gifts with a total value of more than $75 per year.
50735063 Sec. 8. EXPLANATION OF THE FINAL RULING OF A POINT OF ORDER.
50745064 The speaker shall instruct the parliamentarian to provide to each
50755065 member a written explanation of the final ruling on a point of
50765066 order, including providing the citation of any house or
50775067 congressional precedents used in determining the ruling. The
50785068 explanation shall be provided to each member through the electronic
50795069 legislative information system not later than 24 hours after the
50805070 final ruling was announced before the house.
5081- Smithee
5082- ______________________________
5083- Speaker of the House
5084- I certify that H.R. No. 4 was adopted by the House on January
5085- 11, 2017, by the following vote: Yeas 147, Nays 0, 1 present, not
5086- voting.
5087- ______________________________
5088- Chief Clerk of the House