Texas 2019 - 86th Regular

Texas House Bill HR4 Compare Versions

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1-H.R. No. 4
1+86R6638 ESC/HLB
2+ By: Smithee H.R. No. 4
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45 R E S O L U T I O N
56 BE IT RESOLVED by the House of Representatives of the State of
67 Texas, That the following are adopted as the permanent rules of the
78 House of Representatives of the 86th [85th] 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. OFFICERS AND EMPLOYEES 11
1516 3. STANDING COMMITTEES 24
1617 4. ORGANIZATION, POWERS, AND DUTIES OF
17- COMMITTEES 59
18- 5. FLOOR PROCEDURE 94
19- 6. ORDER OF BUSINESS AND CALENDARS 116
20- 7. MOTIONS 136
21- 8. BILLS 152
22- 9. JOINT RESOLUTIONS 168
18+ COMMITTEES 58
19+ 5. FLOOR PROCEDURE 93
20+ 6. ORDER OF BUSINESS AND CALENDARS 115
21+ 7. MOTIONS 135
22+ 8. BILLS 151
23+ 9. JOINT RESOLUTIONS 167
2324 10. HOUSE RESOLUTIONS AND CONCURRENT
24- RESOLUTIONS 170
25- 11. AMENDMENTS 173
26- 12. PRINTING 182
25+ RESOLUTIONS 169
26+ 11. AMENDMENTS 172
27+ 12. PRINTING 181
2728 13. INTERACTIONS WITH THE GOVERNOR
28- AND SENATE 186
29- 14. GENERAL PROVISIONS 199
30- 15. APPROPRIATE WORKPLACE CONDUCT 202
29+ AND SENATE 185
30+ 14. GENERAL PROVISIONS 198
31+ 15. APPROPRIATE WORKPLACE CONDUCT 201
3132 STATEMENT OF AUTHORIZATION AND PRECEDENCE
3233 Pursuant to and under the authority of Section 11, Article
3334 III, Texas Constitution, and notwithstanding any provision of
3435 statute, the House of Representatives adopts the following rules to
3536 govern its operations and procedures. The provisions of these
3637 rules shall be deemed the only requirements binding on the House of
3738 Representatives under Section 11, Article III, Texas Constitution,
3839 notwithstanding any other requirements expressed in statute.
3940 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
4041 CHAPTER A. DUTIES AS PRESIDING OFFICER
4142 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
4243 enforce, apply, and interpret the rules of the house in all
4344 deliberations of the house and shall enforce the legislative rules
4445 prescribed by the statutes and the Constitution of Texas.
4546 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
4647 each calendar day precisely at the hour to which the house adjourned
4748 or recessed at its last sitting and shall immediately call the
4849 members to order.
4950 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
5051 shall lay before the house its business in the order indicated by
5152 the rules and shall receive propositions made by members and put
5253 them to the house.
5354 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
5455 proposed legislation shall be referred by the speaker to an
5556 appropriate standing or select committee with jurisdiction,
5657 subject to correction by a majority vote of the house. A bill or
5758 resolution may not be referred simultaneously to more than one
5859 committee.
5960 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
6061 shall preserve order and decorum. In case of disturbance or
6162 disorderly conduct in the galleries or in the lobby, the speaker may
6263 order that these areas be cleared. No signs, placards, or other
6364 objects of similar nature shall be permitted in the rooms, lobby,
6465 gallery, and hall of the house. The speaker shall see that the
6566 members of the house conduct themselves in a civil manner in
6667 accordance with accepted standards of parliamentary conduct and
6768 may, when necessary, order the sergeant-at-arms to clear the aisles
6869 and seat the members of the house so that business may be conducted
6970 in an orderly manner.
7071 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
7172 request of a member, the speaker may recognize persons in the
7273 gallery. The speaker shall afford that recognition at a convenient
7374 place in the order of business, considering the need for order and
7475 decorum and the need for continuity of debate. The request must be
7576 made on a form prescribed by the Committee on House Administration.
7677 The speaker may recognize, at a time he or she considers appropriate
7778 during floor proceedings, the person serving as physician of the
7879 day.
7980 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
8081 rise to put a question but may state it sitting. The question shall
8182 be put substantially in this form: "The question occurs on
8283 ______" (here state the question or proposition under
8384 consideration). "All in favor say 'Aye,'" and after the affirmative
8485 vote is expressed, "All opposed say 'No.'" If the speaker is in
8586 doubt as to the result, or if a division is called for, the house
8687 shall divide: those voting in the affirmative on the question
8788 shall register "Aye" on the voting machine, and those voting in the
8889 negative on the question shall register "No." The decision of the
8990 house on the question shall be printed in the journal and shall
9091 include the yeas and nays if a record of the yeas and nays is ordered
9192 in accordance with the rules.
9293 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
9394 speaker shall have the same right as other members to vote. If the
9495 speaker, or a member temporarily presiding, has not voted, he or she
9596 may cast the deciding vote at the time such opportunity becomes
9697 official, whether to make or break a tie. If a verification of the
9798 vote is called for and granted, the decision of the speaker, or a
9899 member temporarily presiding, to cast the deciding vote need not be
99100 made until the verification has been completed. In case of error in
100101 a vote, if the correction leaves decisive effect to the vote of the
101102 speaker, or a member temporarily presiding, the deciding vote may
102103 be cast even though the result has been announced.
103104 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
104105 on all questions of order; however, such decisions are subject to an
105106 appeal to the house made by any 10 members. Pending an appeal, the
106107 speaker shall call a member to the chair, who shall not have the
107108 authority to entertain or decide any other matter or proposition
108109 until the appeal has first been determined by the house. The
109110 question on appeal is, "Shall the chair be sustained?"
110111 (b) No member shall speak more than once on an appeal unless
111112 given leave by a majority of the house. No motion shall be in order,
112113 pending an appeal, except a motion to adjourn, a motion to lay on
113114 the table, a motion for the previous question, or a motion for a
114115 call of the house. Responses to parliamentary inquiries and
115116 decisions of recognition made by the chair may not be appealed,
116117 except as provided by Rule 5, Section 24.
117118 (c) Further consideration of the matter or proposition that
118119 is the subject of a question of order is prohibited until the
119120 speaker decides the question of order and any appeal of that
120121 decision has been determined by the house. Consideration of any
121122 other matter or proposition is also prohibited while a question of
122123 order is pending, unless the question of order is temporarily
123124 withdrawn and the matter or proposition that is the subject of the
124125 question of order is postponed. Withdrawal of the question of order
125126 does not prevent any member from raising that question of order when
126127 the matter or proposition is again before the house.
127128 (d) A point of order raised as to a violation of a section of
128129 the rules governing committee reports, committee minutes, or
129130 accompanying documentation may be overruled if the purpose of that
130131 section of the rules has been substantially fulfilled and the
131132 violation does not deceive or mislead.
132- (e) When a question of order is pending before the house,
133- only the member who raised the question of order, and one other
134- member designated by that member, and the primary proponent of the
135- matter or proposition to which the question of order applies, and
136- one other member designated by the proponent, may present arguments
137- to the speaker or parliamentarian regarding the question of order.
138- This subsection does not limit any remarks that a member may make
139- before the full house if the member is recognized for that purpose.
140133 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
141134 CHAIR. The speaker shall have the right to name any member to
142135 perform the duties of the chair and may name a member to serve as
143136 speaker pro tempore by delivering a written order to the chief clerk
144137 and a copy to the journal clerk. A permanent speaker pro tempore
145138 shall, in the absence or inability of the speaker, call the house to
146139 order and perform all other duties of the chair in presiding over
147140 the deliberations of the house and perform other duties and
148141 exercise other responsibilities as may be assigned by the speaker.
149142 If the house is not in session, and a permanent speaker pro tempore
150143 has not been named, or if the speaker pro tempore is not available
151144 or for any reason is not able to function, the speaker may deliver a
152145 written order to the chief clerk, with a copy to the journal clerk,
153146 naming the member who shall call the house to order and preside
154147 during the speaker's absence. The speaker pro tempore shall serve
155148 at the pleasure of the speaker.
156149 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
157150 emergency of such compelling nature that the speaker must adjourn
158151 the house without fixing a date and hour of reconvening, the speaker
159152 shall have authority to determine the date and hour of reconvening
160153 and to notify the members of the house by any means the speaker
161154 considers adequate. Should the speaker be disabled or otherwise
162155 unable to exercise these emergency powers, the permanent speaker
163156 pro tempore, if one has been named, shall have authority to act. If
164157 there is no permanent speaker pro tempore, or if that officer is
165158 unable to act, authority shall be exercised by the chair of the
166159 Committee on State Affairs, who shall preside until the house can
167160 proceed to the selection of a temporary presiding officer to
168161 function until the speaker or the speaker pro tempore is again able
169162 to exercise the duties and responsibilities of the office.
170163 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
171164 not in session, if the speaker determines that it would be a hazard
172165 to the safety of the members, officers, employees, and others
173166 attending the legislature to reconvene at the time determined by
174167 the house at its last sitting, the speaker may clear the area of the
175168 capitol under the control of the house and postpone the reconvening
176169 of the house for a period of not more than 12 hours. On making that
177170 determination, the speaker shall order the sergeant-at-arms to post
178171 an assistant at each first floor entrance to the capitol and other
179172 places and advise all persons entering of the determination and the
180173 time set for the house to reconvene. The speaker shall also notify
181174 the journal clerk and the news media of the action, and the action
182175 shall be entered in the house journal.
183176 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
184177 resolutions, and concurrent resolutions shall be signed by the
185178 speaker in the presence of the house, as required by the
186179 constitution; and all writs, warrants, and subpoenas issued by
187180 order of the house shall be signed by the speaker and attested by
188181 the chief clerk, or the person acting as chief clerk.
189182 CHAPTER B. ADMINISTRATIVE DUTIES
190183 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
191184 have general control, except as otherwise provided by law, of the
192185 hall of the house, its lobbies, galleries, corridors, and passages,
193186 and other rooms in those parts of the capitol assigned to the use of
194187 the house; except that the hall of the house shall not be used for
195188 any meeting other than legislative meetings during any regular or
196189 special session of the legislature unless specifically authorized
197190 by resolution.
198191 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
199192 speaker shall designate the chair and vice-chair of each standing
200193 substantive committee and shall also appoint membership of the
201194 committee, subject to the provisions of Rule 4, Section 2.
202195 (b) If members of equal seniority request the same
203196 committee, the speaker shall decide which among them shall be
204197 assigned to that committee.
205198 (c) In announcing the membership of the standing
206199 substantive committees, the speaker shall designate which are
207200 appointees and which acquire membership by seniority.
208201 (d) The speaker shall appoint the chair and vice-chair of
209202 each standing procedural committee and the remaining membership of
210203 the committee.
211204 (e) If a new speaker is elected to fill a vacancy in the
212205 office after the appointment of standing committees, the new
213206 speaker may not alter the composition of any standing committee
214207 before the end of the session, except that the new speaker may:
215208 (1) vacate the new speaker's membership on any
216209 committee;
217210 (2) make committee appointments for the member who was
218211 removed as speaker;
219212 (3) designate a different member of a standing
220213 committee as committee chair; and
221214 (4) fill vacancies that occur on a committee.
222215 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
223216 COMMITTEES. (a) The speaker shall appoint all conference
224217 committees. The speaker shall name the chair of each conference
225218 committee, and may also name the vice-chair thereof.
226219 (b) The speaker may at any time by proclamation create a
227220 select committee. The speaker shall name the chair and vice-chair
228221 thereof. A select committee has the jurisdiction, authority, and
229222 duties and exists for the period of time specified in the
230223 proclamation. A select committee has the powers granted by these
231224 rules to a standing committee except as limited by the
232225 proclamation. A copy of each proclamation creating a select
233226 committee shall be filed with the chief clerk.
234227 [(c) If a new speaker is elected to fill a vacancy in the
235228 office after the appointment of standing committees, the new
236229 speaker may not alter the composition of any standing committee
237230 before the end of the session, except that the new speaker may:
238231 [(1) vacate the new speaker's membership on any
239232 committee;
240233 [(2) make committee appointments for the member who
241234 was removed as speaker;
242235 [(3) designate a different member of a standing
243236 committee as committee chair; and
244237 [(4) fill vacancies that occur on a committee.]
245238 Sec. 17. INTERIM STUDIES. When the legislature is not in
246239 session, the speaker shall have the authority to direct committees
247240 to make interim studies for such purposes as the speaker may
248241 designate, and the committees shall meet as often as necessary to
249242 transact effectively the business assigned to them. The speaker
250243 shall provide to the chief clerk a copy of interim charges made to a
251244 standing or select committee.
252245 CHAPTER C. CAMPAIGNS FOR SPEAKER
253246 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
254247 SESSION. During a regular session of the legislature a member may
255248 not solicit written pledges from other members for their support of
256249 or promise to vote for any person for the office of speaker.
257250 RULE 2. OFFICERS AND EMPLOYEES
258251 CHAPTER A. DUTIES OF OFFICERS [EMPLOYEES] OF THE HOUSE
259252 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
260253 (1) be the custodian of all bills, resolutions, and
261254 amendments;
262255 (2) number in the order of their filing, with a
263256 separate sequence for each category, all bills, joint resolutions,
264257 concurrent resolutions, and house resolutions;
265258 (3) provide for the keeping of a complete record of
266259 introduction and action on all bills and resolutions, including the
267260 number, author, brief description of the subject matter, committee
268261 reference, and the time sequence of action taken on all bills and
269262 resolutions to reflect at all times their status in the legislative
270263 process;
271264 (4) on the day of numbering a bill relating to a
272265 conservation and reclamation district created under Article XVI,
273266 Section 59, of the Texas Constitution, send two copies of the bill,
274267 with two copies of the notice of intention to introduce the bill, to
275268 the governor and notify the journal clerk of the action;
276269 (5) receive the recommendations of the Texas
277270 Commission on Environmental Quality on a bill forwarded to the
278271 commission under Article XVI, Section 59, of the Texas
279272 Constitution, attach them to the bill to which they apply, and
280273 notify the journal clerk that the recommendations have been filed;
281274 (6) forward to a committee chair in an electronic or
282275 other format determined by the chief clerk a certified copy of each
283276 legislative document referred to the committee, including all
284277 official attachments to the document;
285278 (7) have printed and distributed correct copies of all
286279 legislative documents, as provided in the subchapter on printing,
287280 and keep an exact record of the date and hour of transmittal to the
288281 printer, return from the printer, and distribution of the document
289282 to members of the house with that information time-stamped on the
290283 originals of the document;
291284 (8) certify the passage of bills and resolutions,
292285 noting on them the date of passage and the vote by which passed,
293286 including the yeas and nays if a record of the yeas and nays is
294287 ordered;
295288 (9) be responsible for engrossing all house bills and
296289 resolutions that have passed second reading and those that have
297290 passed third reading, and for enrolling all house bills and
298291 resolutions that have passed both houses.
299292 All engrossed and enrolled documents shall be prepared
300293 without erasures, interlineations, or additions in the margin.
301294 House concurrent resolutions passed without amendment
302295 shall not be engrossed but shall be certified and forwarded
303296 directly to the senate.
304297 Engrossed riders may be used in lieu of full engrossment
305298 on second reading passage;
306299 (10) be authorized to amend the caption to conform to
307300 the body of each house bill and joint resolution ordered engrossed
308301 or enrolled;
309302 (11) be responsible for noting on each house bill or
310303 joint resolution, for certification by the speaker of the house,
311304 the lieutenant governor, the chief clerk of the house, and the
312305 secretary of the senate, the following information:
313306 (A) date of final passage, and the vote on final
314307 passage, including the yeas and nays if a record of the yeas and
315308 nays is ordered. If the bill was amended in the senate, this fact
316309 shall also be noted;
317310 (B) date of concurrence by the house in senate
318311 amendments, and the vote on concurrence, including the yeas and
319312 nays if a record of the yeas and nays is ordered;
320313 (C) date of adoption by each house of a
321314 conference committee report and the vote on adoption, including the
322315 yeas and nays if a record of the yeas and nays is ordered;
323316 (D) that a bill containing an appropriation was
324317 passed subject to the provisions of Article III, Section 49a, of the
325318 Texas Constitution; and
326319 (E) that a concurrent resolution was adopted by
327320 both houses directing the correction of an enrolled bill, if
328321 applicable;
329322 (12) transmit over signature all messages from the
330323 house to the senate, including typewritten copies of amendments to
331324 senate bills;
332325 (13) prepare copies of senate amendments to house
333326 bills for the journal before the amendments and the bill or
334327 resolution to which they relate are sent to the printer or to the
335328 speaker;
336329 (14) notify the speaker in writing that the senate did
337330 not concur in house amendments to a bill or resolution and requests
338331 a conference committee, and include in this notice the names of the
339332 senate conferees;
340333 (15) provide a certified copy of a house bill or
341334 resolution which may be lost showing each parliamentary step taken
342335 on the bill; and
343336 (16) request fiscal notes on house bills and joint
344337 resolutions with senate amendments and distribute fiscal notes on
345338 house bills and joint resolutions with senate amendments and
346339 conference committee reports as required by Rule 13, Sections 5 and
347340 10.
348341 (b) The chief clerk shall also:
349342 (1) attest all writs, warrants and subpoenas issued by
350343 order of the house;
351344 (2) receive reports of select committees and forward
352345 copies to the speaker and journal clerk;
353346 (3) not later than 30 days after the close of each
354347 session, acquire from each of the various clerks of the house,
355348 except the journal clerk, all reports, records, bills, papers, and
356349 other documents remaining in their possession and file them with
357350 the Legislative Reference Library, unless otherwise provided by
358351 law;
359352 (4) receive and file all other documents required by
360353 law or by the rules of the house;
361354 (5) prepare a roster of members in order of seniority
362355 showing the number of years of service of each member, as provided
363356 in Rule 4, Section 2; and
364357 (6) have posted the list of Items Eligible for
365358 Consideration as required by the rules.
366359 (c) The chief clerk shall also provide for the following to
367360 be made available on the electronic legislative information system:
368361 (1) all house calendars and lists of items eligible
369362 for consideration and the time-stamp information for those
370363 calendars and lists; and
371364 (2) the time-stamp information for all official
372365 printings of bills and resolutions.
373366 (d) The chief clerk shall provide notice to a Capitol e-mail
374367 address designated by each member when a new house calendar or list
375368 of items eligible for consideration is posted on the electronic
376369 legislative information system. If a member informs the chief
377370 clerk that the member also desires to receive a paper copy of house
378371 calendars or lists of items eligible for consideration, the chief
379372 clerk shall place paper copies of those documents designated by the
380373 member in the newspaper box of the member as soon as practicable
381374 after the electronic copies are posted.
382375 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
383376 (1) keep a journal of the proceedings of the house,
384377 except when the house is acting as a committee of the whole, and
385378 enter the following:
386379 (A) the number, author, and caption of every bill
387380 introduced;
388381 (B) descriptions of all congratulatory and
389382 memorial resolutions on committee report, motions, amendments,
390383 questions of order and decisions on them, messages from the
391384 governor, and messages from the senate;
392385 (C) the summaries of congratulatory and memorial
393386 resolutions, as printed on the congratulatory and memorial
394387 calendar;
395388 (D) the number of each bill, joint resolution,
396389 and concurrent resolution signed in the presence of the house;
397390 (E) a listing of reports made by standing
398391 committees;
399392 (F) reports of select committees, when ordered by
400393 the house;
401394 (G) every vote where a record of the yeas and nays
402395 is ordered or registration of the house with a concise statement of
403396 the action and the result;
404397 (H) the names of all absentees, both excused and
405398 not excused;
406399 (I) senate amendments to house bills or
407400 resolutions, when concurred in by the house;
408401 (J) the date each bill is transmitted to the
409402 governor;
410403 (K) the date recommendations of the Texas
411404 Commission on Environmental Quality on each bill subject to Article
412405 XVI, Section 59, of the Texas Constitution, are filed with the chief
413406 clerk;
414407 (L) all pairs as a part of a vote where a record
415408 of the yeas and nays is ordered;
416409 (M) reasons for a vote;
417410 (N) the vote of a member on any question where a
418411 record of the yeas and nays has not been ordered;
419412 (O) the statement of a member who was absent when
420413 a vote was taken indicating how the member would have voted;
421414 (P) official state documents, reports, and other
422415 matters, when ordered by the house; and
423416 (Q) the [parliamentarian's] written copy of the
424417 speaker's [explanation on the final] ruling on a point of order,
425418 which includes the citation of the authorities relied upon [any
426419 house or congressional precedents used] in [determining] the
427420 grounds for decision [ruling], as provided in Section 9(b-1) of
428421 this rule [Rule 14, Section 8];
429422 (2) prepare a daily journal for each calendar day that
430423 the house is in session and distribute on the succeeding calendar
431424 day or the earliest possible date copies to the members of the house
432425 who have submitted requests to the journal clerk to receive a copy;
433426 and
434427 (3) prepare and have printed a permanent house journal
435428 of regular and special sessions in accordance with the law and the
436429 following provisions:
437430 (A) When completed, no more than 300 copies shall
438431 be bound and distributed as follows:
439432 (i) one copy to each member of the house of
440433 representatives who submitted a request to the journal clerk to
441434 receive a copy;
442435 (ii) one copy to each member of the senate
443436 who submitted a request to the journal clerk to receive a copy; and
444437 (iii) the remainder of the copies to be
445438 distributed by the Committee on House Administration.
446439 (B) The journal clerk shall not receive or
447440 receipt for the permanent house journal until it has been correctly
448441 published.
449442 (b) The journal clerk shall lock the voting machine of each
450443 member who is excused or who is otherwise known to be absent when
451444 the house is in session until the member personally requests that
452445 the machine be unlocked.
453446 (c) The journal clerk shall determine and enter in the
454447 journal the clock of record for the house and that clock may not be
455448 delayed, set back, or otherwise tampered with to deviate from the
456449 standard time, as provided by statute, for the place where the house
457450 is meeting. The journal clerk shall enter in the journal the time
458451 according to the clock of record when the house convenes, recesses,
459452 and adjourns. A motion to suspend this rule must be decided by a
460453 record vote.
461454 Sec. 3. READING CLERKS. The reading clerks, under the
462455 supervision of the speaker, shall:
463456 (1) call the roll of the house in alphabetical order
464457 when ordered to do so by the speaker; and
465458 (2) read all bills, resolutions, motions, and other
466459 matters required by the rules or directed by the speaker.
467460 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
468461 (1) under the direction of the speaker, have charge of
469462 and maintain order in the hall of the house, its lobbies and
470463 galleries, and all other rooms in the capitol assigned for the use
471464 of the house of representatives;
472465 (2) attend the house and the committee of the whole
473466 during all meetings and maintain order under the direction of the
474467 speaker or other presiding officer;
475468 (3) execute the commands of the house and serve the
476469 writs and processes issued by the authority of the house and
477470 directed by the speaker;
478471 (4) supervise assistants to the sergeant-at-arms who
479472 shall aid in the performance of prescribed duties and have the same
480473 authority, subject to the control of the speaker;
481474 (5) clear the floor of the house of all persons not
482475 entitled to the privileges of the floor at least 30 minutes prior to
483476 the convening of each session of the house;
484477 (6) bring in absent members when so directed under a
485478 call of the house;
486479 (7) not allow the distribution of any printed matter
487480 in the hall of the house, other than newspapers that have been
488481 published at least once a week for a period of one year, unless it
489482 first has been authorized in writing by at least one member of the
490483 house and the name of the member appears on the printed matter. The
491484 sergeant-at-arms shall refuse to accept for distribution any
492485 printed matter which does not bear the name of the member or members
493486 authorizing the distribution;
494487 (8) keep a copy of written authorization and a record
495488 of the matter distributed in the permanent files of the house;
496489 (9) enforce parking regulations applicable to areas of
497490 the capitol complex under the control of the house and supervise
498491 parking attendants;
499492 (10) provide for issuance of an identification card to
500493 each member and employee of the house; and
501494 (11) supervise the doorkeeper.
502495 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
503496 of the sergeant-at-arms, shall:
504497 (1) enforce strictly the rules of the house relating
505498 to privileges of the floor and perform other duties as directed by
506499 the speaker;
507500 (2) close the main entrance and permit no member to
508501 leave the house without written permission from the speaker when a
509502 call of the house or a call of the committee of the whole is ordered,
510503 take up permission cards as members leave the hall, and take up
511504 permission cards of those who are admitted to the floor of the house
512505 under the rules and practice of the house;
513506 (3) obtain recognition from the speaker and announce a
514507 messenger from the governor or the senate on arrival at the bar of
515508 the house; and
516509 (4) obtain recognition from the speaker and announce
517510 the arrival of the governor or the senate on arrival at the bar of
518511 the house for official proceedings in the house.
519512 Sec. 6. CHAPLAIN. The chaplain shall open the first
520513 session on each calendar day with a prayer and shall perform such
521514 other duties as directed by the Committee on House Administration.
522515 Sec. 7. VOTING CLERK. The voting clerk, under the
523516 supervision of the speaker, shall:
524517 (1) open and close the voting machine on registrations
525518 and record votes as ordered by the speaker;
526519 (2) record votes from the floor as directed by the
527520 speaker;
528521 (3) prepare official copies of all record votes for
529522 the journal; and
530523 (4) make no additions, subtractions, or other changes
531524 in any registration or record vote unless specifically granted
532525 permission by the house or directed by the speaker prior to the
533526 announcement of the final result.
534527 Sec. 8. COMMITTEE COORDINATOR. (a) The committee
535528 coordinator shall:
536529 (1) under the direction of the Committee on House
537530 Administration, prepare a schedule for regular meetings of all
538531 standing committees as provided by Rule 4, Section 8(a);
539532 (2) post committee meeting notices, as directed by the
540533 chair of a committee, in accordance with Rule 4, Section 11(a);
541534 (3) maintain duplicate originals of committee minutes
542535 as required by Rule 4, Sections 18(c) and (d);
543536 (4) direct the maintenance of sworn statements either
544537 in electronic or paper format and, under the direction of the
545538 Committee on House Administration, prescribe the form of those
546539 statements, as required by Rule 4, Sections 20(a) and (c);
547540 (5) receive and forward impact statements as required
548541 by Rule 4, Section 34(e);
549542 (6) receive committee reports as required by Rule 4,
550543 Section 37, and refer them for printing as provided by Rule 6,
551544 Section 19; and
552545 (7) receive and distribute the recommendations and
553546 final reports of interim study committees as provided by Rule 4,
554547 Section 61.
555548 (b) The committee coordinator may exclude from the
556549 committee coordinator's office or refuse to interact with a member
557550 or a member's staff if the member or member's staff engages in
558551 abusive, harassing, or threatening behavior.
559552 Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not
560553 more than two individuals to serve as parliamentarians. The
561554 parliamentarians are officers [parliamentarian is an officer] of
562555 the house who serve [serves] at the pleasure of the speaker. The
563556 parliamentarians [parliamentarian] shall advise and assist the
564557 presiding officer and the members of the house on matters of
565558 procedure. The parliamentarians have [parliamentarian has] a duty
566559 of confidentiality to the speaker and to each member of the house
567560 and shall keep confidential all requests made by members of the
568561 house for advice or guidance regarding procedure unless the parties
569562 otherwise agree.
570563 (b) After the initial appointment of the parliamentarians
571564 [a parliamentarian] by the speaker, the appointment of a new
572565 parliamentarian to fill a vacancy must be approved by a majority of
573566 the membership of the house if the appointment is made during a
574567 regular or special session. If the appointment to fill the vacancy
575568 is made when the house is not in session, the appointment must be
576569 approved by a majority of the membership not later than the third
577570 day of the first special session that occurs after the date the
578571 appointment is made. If no special session occurs after the
579572 appointment, approval by the membership is not required.
580573 (b-1) The speaker shall instruct the parliamentarians to
581574 provide to each member a written copy of the speaker's ruling on a
582575 point of order, including the citation of the authorities relied
583576 upon in the grounds for decision. The written ruling shall be
584577 provided to each member through the electronic legislative
585578 information system not later than 24 hours after the ruling is
586579 announced in the house.
587580 (c) In the event of a conflict between this section and the
588581 housekeeping resolution, this section controls.
589582 CHAPTER B. OTHER EMPLOYEES
590583 Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
591584 (a) Communications between an attorney employed by the Texas
592585 Legislative Council and the speaker, another member of the house,
593586 or an employee of a member or committee of the house are
594587 confidential in accordance with the rules and laws concerning
595588 attorney-client privilege.
596589 (b) Communications between any employee of the Texas
597590 Legislative Council and the speaker, another member of the house,
598591 or an employee of a member or committee of the house are
599592 confidential. The General Investigating [and Ethics] Committee of
600593 the House may investigate an alleged violation of this subsection.
601594 (c) This section does not prohibit the speaker, member, or
602595 committee from waiving a privilege as otherwise permitted by law or
603596 from waiving confidentiality under this section.
604597 RULE 3. STANDING COMMITTEES
605598 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
606599 have nine [seven] members, with jurisdiction over all matters
607600 pertaining to:
608601 (1) agriculture, horticulture, and farm husbandry;
609602 (2) livestock and stock raising, and the livestock
610603 industry;
611604 (3) the development and preservation of forests, and
612605 the regulation, control, and promotion of the lumber industry;
613606 (4) problems and issues particularly affecting rural
614607 areas of the state, including issues related to rural economic
615608 development and the provision of and access to infrastructure,
616609 education, and health services; and
617610 (5) the following state agencies: the Department of
618611 Agriculture, the Texas Animal Health Commission, the State Soil and
619612 Water Conservation Board, the Texas A&M Forest Service, the Texas
620613 administrator for the South Central Interstate Forest Fire
621614 Protection Compact, the Texas Apiary Inspection Service, Texas A&M
622615 AgriLife Research, the Texas A&M AgriLife Extension Service, the
623616 Food and Fibers Research Council, the State Seed and Plant Board,
624617 the State Board of Veterinary Medical Examiners, the Texas A&M
625618 Veterinary Medical Diagnostic Laboratory, the Produce Recovery
626619 Fund Board, the board of directors of the Texas Boll Weevil
627620 Eradication Foundation, Inc., and the Texas Wildlife Services.
628621 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
629622 members, with jurisdiction over:
630623 (1) all bills and resolutions appropriating money from
631624 the state treasury;
632625 (2) all bills and resolutions containing provisions
633626 resulting in automatic allocation of funds from the state treasury;
634627 (3) all bills and resolutions diverting funds from
635628 the state treasury or preventing funds from going in that otherwise
636629 would be placed in the state treasury; and
637630 (4) all matters pertaining to claims and accounts
638631 filed with the legislature against the state unless jurisdiction
639632 over those bills and resolutions is specifically granted by these
640633 rules to some other standing committee.
641634 (b) The appropriations committee may comment upon any bill
642635 or resolution containing a provision resulting in an automatic
643636 allocation of funds.
644637 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
645638 nine [seven] members, with jurisdiction over all matters pertaining
646639 to:
647640 (1) industry and manufacturing;
648641 (2) industrial safety and adequate and safe working
649642 conditions, and the regulation and control of those conditions;
650643 (3) hours, wages, collective bargaining, and the
651644 relationship between employers and employees;
652645 (4) unemployment compensation, including coverage,
653646 benefits, taxes, and eligibility;
654647 (5) labor unions and their organization, control,
655648 management, and administration;
656649 (6) the regulation of business transactions and
657650 transactions involving property interests;
658651 (7) [(5)] the organization, incorporation,
659652 management, and regulation of private corporations and
660653 professional associations and the Uniform Commercial Code and the
661654 Business Organizations Code;
662655 (8) [(6)] the protection of consumers, governmental
663656 regulations incident thereto, the agencies of government
664657 authorized to regulate such activities, and the role of the
665658 government in consumer protection;
666659 (9) [(7)] privacy and identity theft;
667660 (10) [(8)] homeowners' associations;
668661 (11) [(9)] oversight and regulation of the
669662 construction industry; and
670663 (12) [(10)] the following state agencies: the State
671664 Office of Risk Management, the Risk Management Board, the Division
672665 of Workers' Compensation of the Texas Department of Insurance, the
673666 Workers' compensation research and evaluation group in the Texas
674667 Department of Insurance, the Office of Injured Employee Counsel,
675668 including the ombudsman program of that office, and the Texas
676669 Mutual Insurance Company Board of Directors.
677670 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
678671 11 [15] members, with jurisdiction over:
679672 (1) the placement of bills and resolutions on
680673 appropriate calendars, except those within the jurisdiction of the
681674 Committee on [Rules and] Resolutions Calendars;
682675 (2) the determination of priorities and proposal of
683676 rules for floor consideration of such bills and resolutions; and
684677 (3) all other matters concerning the calendar system
685678 and the expediting of the business of the house as may be assigned
686679 by the speaker.
687680 Sec. 5. CORRECTIONS. The committee shall have nine [seven]
688681 members, with jurisdiction over all matters pertaining to:
689682 (1) the incarceration and rehabilitation of convicted
690683 felons;
691684 (2) the establishment and maintenance of programs that
692685 provide alternatives to incarceration; and
693686 (3) the following state agencies: the Texas
694687 Department of Criminal Justice, the Special Prosecution Unit, the
695688 Board of Pardons and Paroles, the Texas Civil Commitment Office,
696689 and the Texas Correctional Office on Offenders with Medical or
697690 Mental Impairments.
698691 Sec. 6. COUNTY AFFAIRS. The committee shall have nine
699692 members, with jurisdiction over all matters pertaining to:
700693 (1) counties, including their organization, creation,
701694 boundaries, government, and finance and the compensation and duties
702695 of their officers and employees;
703696 (2) establishing districts for the election of
704697 governing bodies of counties;
705698 (3) regional councils of governments;
706699 (4) multicounty boards or commissions;
707700 (5) relationships or contracts between counties;
708701 (6) other units of local government; and
709702 (7) the following state agency: the Commission on
710703 Jail Standards.
711704 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
712705 nine [seven] members, with jurisdiction over all matters pertaining
713706 to:
714707 (1) criminal law, prohibitions, standards, and
715708 penalties;
716709 (2) probation and parole;
717710 (3) criminal procedure in the courts of Texas;
718711 (4) revision or amendment of the Penal Code; and
719712 (5) the following state agencies: the Office of State
720713 Prosecuting Attorney and the Texas State Council for Interstate
721714 Adult Offender Supervision.
722715 Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
723716 shall have nine [seven] members, with jurisdiction over:
724717 (1) the creation, operation, and control of state
725718 parks, including the development, maintenance, and operation of
726719 state parks in connection with the sales and use tax imposed on
727720 sporting goods, but not including any matter within the
728721 jurisdiction of the Committee on Appropriations;
729722 (2) the regulation and control of the propagation and
730723 preservation of wildlife and fish in the state;
731724 (3) the development and regulation of the fish and
732725 oyster industries of the state;
733726 (4) hunting and fishing in the state, and the
734727 regulation and control thereof, including the imposition of fees,
735728 fines, and penalties relating to that regulation;
736729 (5) the regulation of other recreational activities;
737730 (6) cultural resources and their promotion,
738731 development, and regulation;
739732 (7) historical resources and their promotion,
740733 development, and regulation;
741734 (8) promotion and development of Texas' image and
742735 heritage;
743736 (9) preservation and protection of Texas' shrines,
744737 monuments, and memorials;
745738 (10) international and interstate tourist promotion
746739 and development;
747740 (11) the Texas Economic Development and Tourism Office
748741 as it relates to the subject-matter jurisdiction of this committee;
749742 (12) the Gulf States Marine Fisheries Compact; and
750743 (13) the following state agencies: the Parks and
751744 Wildlife Department, the Texas Commission on the Arts, the State
752745 Cemetery Committee, the Texas State Library and Archives
753746 Commission, the Texas Historical Commission, the State
754747 Preservation Board, the San Jacinto Historical Advisory Board, and
755748 an office of state government to the extent the office promotes the
756749 Texas music industry.
757750 Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
758751 have nine [seven] members, with jurisdiction over all matters
759752 pertaining to:
760753 (1) the relations between the State of Texas and the
761754 federal government involving defense, emergency preparedness, and
762755 veterans issues;
763756 (2) the various branches of the military service of
764757 the United States;
765758 (3) the realignment or closure of military bases;
766759 (4) the defense of the state and nation, including
767760 terrorism response;
768761 (5) emergency preparedness;
769762 (6) veterans of military and related services; and
770763 (7) the following state agencies: the Texas Military
771764 Department, the Texas Veterans Commission, the Veterans' Land
772765 Board, the Texas Military Preparedness Commission, the Texas
773766 Division of Emergency Management, and the Emergency Management
774767 Council.
775768 Sec. 10. [ECONOMIC AND SMALL BUSINESS DEVELOPMENT. (a) The
776769 committee shall have nine members, with jurisdiction over all
777770 matters pertaining to:
778771 [(1) workforce training;
779772 [(2) commerce, trade, and manufacturing;
780773 [(3) economic and industrial development;
781774 [(4) development and support of small businesses;
782775 [(5) job creation and job-training programs;
783776 [(6) hours, wages, collective bargaining, and the
784777 relationship between employers and employees;
785778 [(7) unemployment compensation, including coverage,
786779 benefits, taxes, and eligibility;
787780 [(8) labor unions and their organization, control,
788781 management, and administration;
789782 [(9) weights and measures; and
790783 [(10) the following state agencies: the Texas Economic
791784 Development and Tourism Office, the Texas Workforce Commission, and
792785 the Texas Workforce Investment Council.
793786 [(b) The chair of the committee shall appoint a permanent
794787 subcommittee on small business development consisting of not fewer
795788 than five members to consider all matters pertaining to:
796789 [(1) the establishment, operation, and well-being of
797790 small businesses and their employees in the state; and
798791 [(2) identifying and addressing federal, state, and
799792 local regulatory barriers or impediments to the establishment,
800793 operation, and well-being of small businesses and their employees
801794 in the state.
802795 [Sec. 11.] ELECTIONS. The committee shall have nine
803796 [seven] members, with jurisdiction over all matters pertaining to:
804797 (1) the right of suffrage in Texas;
805798 (2) primary, special, and general elections;
806799 (3) revision, modification, amendment, or change of
807800 the Election Code;
808801 (4) the secretary of state in relation to elections;
809802 (5) campaign finance; and
810803 (6) [the duties and conduct of candidates for public
811804 office and of persons with an interest in influencing public
812805 policy; and
813806 [(7)] the following state agency [agencies]: the
814807 Office of the Secretary of State [and the Texas Ethics Commission].
815808 Sec. 11 [12]. ENERGY RESOURCES. The committee shall have 11
816809 [13] members, with jurisdiction over all matters pertaining to:
817810 (1) the conservation of the energy resources of Texas;
818811 (2) the production, regulation, transportation, and
819812 development of oil, gas, and other energy resources;
820813 (3) mining and the development of mineral deposits
821814 within the state;
822815 (4) the leasing and regulation of mineral rights under
823816 public lands;
824817 (5) pipelines, pipeline companies, and all others
825818 operating as common carriers in the state;
826819 (6) electric utility regulation as it relates to
827820 energy production and consumption;
828821 (7) identifying, developing, and using alternative
829822 energy sources;
830823 (8) increasing energy efficiency throughout the
831824 state;
832825 (9) the coordination of the state's efforts related to
833826 the federal designation of threatened and endangered species as it
834827 relates to energy resources in the state; and
835828 (10) the following state agencies: the Railroad
836829 Commission of Texas, the Texas representative for the Interstate
837830 Oil and Gas Compact Commission, the Office of Interstate Mining
838831 Compact Commissioner for Texas, the State Energy Conservation
839832 Office, and the Office of Southern States Energy Board Member for
840833 Texas.
841834 Sec. 12 [13]. ENVIRONMENTAL REGULATION. The committee
842835 shall have nine members, with jurisdiction over all matters
843836 pertaining to:
844837 (1) air, land, and water pollution, including the
845838 environmental regulation of industrial development;
846839 (2) the regulation of waste disposal;
847840 (3) environmental matters that are regulated by the
848841 Department of State Health Services or the Texas Commission on
849842 Environmental Quality;
850843 (4) oversight of the Texas Commission on Environmental
851844 Quality as it relates to environmental regulation; and
852845 (5) the following state agency: the Texas Low-Level
853846 Radioactive Waste Disposal Compact Commission.
854847 Sec. 13 [14]. GENERAL INVESTIGATING [AND ETHICS]
855848 (PROCEDURAL). (a) The committee shall have five [seven] members of
856849 the house appointed by the speaker. The speaker shall appoint the
857850 chair and the vice-chair of the committee.
858851 (b) The committee has all the powers and duties of a general
859852 investigating committee and shall operate as the general
860853 investigating committee of the house according to the procedures
861854 prescribed by Subchapter B, Chapter 301, Government Code, and the
862855 rules of the house, as applicable.
863- (b-1) The committee may begin work as soon as it desires
864- after its members are appointed. The committee shall meet,
865- organize, and adopt rules of evidence and procedure and any other
866- necessary rules. The committee rules may not conflict with Section
867- 301.025, Government Code.
868- (b-2) Whether or not the legislature is in session, the
869- committee may meet at any time or place in the state determined
870- necessary by the committee.
871- (b-3) If the committee decides not to conduct joint hearings
872- as provided by Section 301.019, Government Code, the committee
873- shall establish a liaison to fully inform the chair of the senate
874- committee of the nature and progress of any inquiry by the other
875- committee.
876- (b-4) On a majority vote of the committee, the committee may
877- conduct joint hearings and investigations.
878- (b-5) The committee may:
879- (1) initiate or continue inquiries and hearings
880- concerning:
881- (A) state government;
882- (B) any agency or subdivision of government
883- within the state;
884- (C) the expenditure of public funds at any level
885- of government within the state; and
886- (D) any other matter the committee considers
887- necessary for the information of the legislature or for the welfare
888- and protection of state citizens; and
889- (2) inspect the records, documents, and files and may
890- examine the duties, responsibilities, and activities of each state
891- department, agency, and officer and of each municipality, county,
892- or other political subdivision of the state.
893- (b-6) If a person disobeys a subpoena or other process that
894- the committee lawfully issues, the committee may cite the person
895- for contempt and cause the person to be prosecuted for contempt
896- according to the procedure prescribed by Subchapter B, Chapter 301,
897- Government Code, or by other law.
898- (b-7) The committee shall make reports to members of the
899- legislature that the committee determines are necessary and
900- appropriate.
901- (b-8) Information held by the committee that if held by a
902- law enforcement agency or prosecutor would be excepted from the
903- requirements of Section 552.021, Government Code, under Section
904- 552.108 of that code is confidential and not subject to public
905- disclosure.
906- (b-9) If for any reason it is necessary to obtain assistance
907- in addition to the services provided by the state auditor, attorney
908- general, Texas Legislative Council, or Department of Public Safety,
909- the committee may employ and compensate assistants to assist in any
910- investigation, audit, or legal matter.
911856 (c) The committee may investigate a matter related to the
912857 misconduct, malfeasance, misfeasance, abuse of office, or
913858 incompetency of an individual or officer under Chapter 665,
914859 Government Code. The committee has all the powers and duties
915860 conferred by that chapter for the purpose of conducting the
916861 investigation, including the authority to propose articles of
917862 impeachment.
918863 (d) The committee has original jurisdiction over the
919864 receipt, processing, investigation, and resolution of complaints
920865 related to appropriate workplace conduct under Rule 15, the
921866 housekeeping resolution, and policies adopted by the Committee on
922867 House Administration. If a complaint relates to the conduct of a
923868 member of the committee, that member's employee, or an individual
924869 related to the member or the member's employee within the third
925870 degree by consanguinity or within the second degree by affinity as
926871 determined under Chapter 573, Government Code:
927872 (1) the member shall not participate in any committee
928873 proceedings related to the complaint; and
929874 (2) the speaker shall designate a member of the house
930875 drawn by lot under Subsection (e) of this section to act in the
931876 place of the disqualified member. The designation of a member under
932877 this subsection ends when the committee makes its final disposition
933878 of the complaint [The committee has jurisdiction over all matters
934879 pertaining to the conduct of and ethical standards applicable to
935880 state and local government officers and employees, including
936881 individuals appointed to offices of the executive branch of state
937882 government for the purpose of ensuring that an appointed officer is
938883 acting in the best interests of the State of Texas].
939884 (e) When a member of the committee is disqualified under
940885 Subsection (d) of this section, the chief clerk shall prepare a list
941886 of the currently qualified members of the house, omitting the names
942887 of the speaker, the disqualified member, each other member of the
943888 committee, and any member elected from the same county as the
944889 disqualified member. The chief clerk shall write on a separate
945890 piece of paper of uniform size and color the name of each member
946891 that appears on the prepared list. The chief clerk shall deposit
947892 the pieces of paper in an opaque container that is designed to
948893 permit the random distribution of the pieces of paper after their
949894 initial deposit and to prevent the viewing of any of the pieces of
950895 paper at any time. After the pieces of paper are randomly
951896 distributed in the container, the sergeant-at-arms shall draw a
952897 single piece of paper and deliver that piece of paper to the chief
953898 clerk. The chief clerk shall inform the speaker of the name drawn
954899 by the sergeant-at-arms for designation under Subsection (d) [The
955900 committee has jurisdiction over the operation of, including
956901 transparency in the reporting of financial transactions by,
957902 agencies of the judicial and executive branches of state government
958903 and affiliated entities or foundations].
959904 [Sec. 15. GOVERNMENT TRANSPARENCY AND OPERATION. The
960905 committee shall have seven members, with jurisdiction over all
961906 matters pertaining to:
962907 [(1) the organization, operation, powers,
963908 regulations, and management of state departments, agencies,
964909 institutions, and advisory committees;
965910 [(2) elimination of inefficiencies in the provision of
966911 state services;
967912 [(3) open government matters, including open records
968913 and open meetings;
969914 [(4) advances in science and technology, including
970915 telecommunications, electronic technology, or automated data
971916 processing, by state agencies, including institutions of higher
972917 education;
973918 [(5) the promotion within the state of an advance
974919 described by Subdivision (4);
975920 [(6) cooperation between the state or a local
976921 governmental entity and the scientific and technological
977922 community, including private businesses, institutions of higher
978923 education, and federal governmental laboratories;
979924 [(7) cybersecurity; and
980925 [(8) the Sunset Advisory Commission.]
981926 Sec. 14 [16]. HIGHER EDUCATION. [(a)] The committee shall
982927 have 11 [nine] members, with jurisdiction over all matters
983928 pertaining to:
984929 (1) education beyond high school;
985930 (2) the colleges and universities of the State of
986931 Texas; and
987932 (3) the following state agencies: the Texas A&M
988933 Engineering Experiment Station, the Texas A&M Engineering
989934 Extension Service, the Texas Higher Education Coordinating Board,
990935 the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
991936 Education Tuition Board, and the Texas A&M Transportation
992937 Institute.
993938 [(b) The chair of the committee shall appoint a permanent
994939 subcommittee on postsecondary education and workforce readiness
995940 consisting of not fewer than five members to consider all matters
996941 pertaining to the availability of postsecondary educational
997942 opportunities in the state, including opportunities at:
998943 [(1) public or private institutions of higher
999944 education;
1000945 [(2) nonprofit colleges or universities; and
1001946 [(3) career schools or colleges, or any other
1002947 postsecondary educational providers in the state.]
1003948 Sec. 15 [17]. HOMELAND SECURITY AND PUBLIC SAFETY. The
1004949 committee shall have nine members, with jurisdiction over all
1005950 matters pertaining to:
1006951 (1) law enforcement;
1007952 (2) the prevention of crime and the apprehension of
1008953 criminals;
1009954 (3) the provision of security services by private
1010955 entities;
1011956 (4) homeland security, including:
1012957 (A) the defense of the state and nation,
1013958 including terrorism response; and
1014959 (B) disaster mitigation, preparedness, response,
1015960 and recovery; and
1016961 (5) the following state agencies: the Texas Commission
1017962 on Law Enforcement, the Department of Public Safety, the Texas
1018963 Division of Emergency Management, the Emergency Management
1019964 Council, the Texas Forensic Science Commission, the Texas Military
1020965 Preparedness Commission, the Texas Private Security Board, the
1021966 Commission on State Emergency Communications, and the Texas Crime
1022967 Stoppers Council.
1023968 Sec. 16 [18]. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
1024969 committee shall have 11 members, with jurisdiction over:
1025970 (1) administrative operation of the house and its
1026971 employees;
1027972 (2) the adoption of policies and procedures for
1028973 appropriate workplace conduct under Rule 15 and the housekeeping
1029974 resolution, including policies and procedures relating to the
1030975 training of members, officers, and employees;
1031976 (3) the general house fund, with full control over all
1032977 expenditures from the fund;
1033978 (4) [(3)] all property, equipment, and supplies
1034979 obtained by the house for its use and the use of its members;
1035980 (5) [(4)] all office space available for the use of
1036981 the house and its members;
1037982 (6) [(5)] the assignment of vacant office space,
1038983 vacant parking spaces, and vacant desks on the house floor to
1039984 members with seniority based on cumulative years of service in the
1040985 house, except that the committee may make these assignments based
1041986 on physical disability of a member where it deems proper;
1042987 (7) [(6)] all admissions to the floor during sessions
1043988 of the house;
1044989 (8) [(7)] all proposals to invite nonmembers to appear
1045990 before or address the house or a joint session;
1046991 (9) [(8)] all radio, television, and Internet
1047992 broadcasting, live or recorded, of sessions of the house;
1048993 (10) [(9)] the electronic recording of the
1049994 proceedings of the house of representatives and the custody of the
1050995 recordings of testimony before house committees, with authority to
1051996 promulgate reasonable rules, regulations, and conditions
1052997 concerning the safekeeping, reproducing, and transcribing of the
1053998 recordings, and the defraying of costs for transcribing the
1054999 recordings, subject to other provisions of these rules;
10551000 (11) [(10)] all witnesses appearing before the house
10561001 or any committee thereof in support of or in opposition to any
10571002 pending legislative proposal;
10581003 (12) the Rules of Procedure of the House of
10591004 Representatives, Joint Rules of the House and Senate, and all
10601005 proposed amendments;
10611006 (13) other matters concerning the rules, procedures,
10621007 and operation of the house assigned by the speaker; and
10631008 (14) [(11)] the following state agency: the State
10641009 Preservation Board.
10651010 (b) The committee must vote to adopt the annual budget for
10661011 each house department.
10671012 Sec. 17 [19]. HUMAN SERVICES. The committee shall have nine
10681013 members, with jurisdiction over all matters pertaining to:
10691014 (1) welfare and rehabilitation programs and their
10701015 development, administration, and control;
10711016 (2) oversight of the Health and Human Services
10721017 Commission as it relates to the subject matter jurisdiction of this
10731018 committee;
10741019 (3) intellectual disabilities and the development of
10751020 programs incident thereto;
10761021 (4) the prevention and treatment of intellectual
10771022 disabilities; and
10781023 (5) the following state agencies: the [Department of
10791024 Aging and Disability Services, the] Department of Family and
10801025 Protective Services, the Texas State Board of Social Worker
10811026 Examiners, and the Texas State Board of Examiners of Professional
10821027 Counselors.
10831028 Sec. 18 [20]. INSURANCE. The committee shall have nine
10841029 members, with jurisdiction over all matters pertaining to:
10851030 (1) insurance and the insurance industry;
10861031 (2) all insurance companies and other organizations of
10871032 any type writing or issuing policies of insurance in the State of
10881033 Texas, including their organization, incorporation, management,
10891034 powers, and limitations; and
10901035 (3) the following state agencies: the Texas
10911036 Department of Insurance, the Texas Health Benefits Purchasing
10921037 Cooperative, and the Office of Public Insurance Counsel.
10931038 Sec. 19 [21]. INTERNATIONAL RELATIONS AND ECONOMIC
10941039 DEVELOPMENT [TRADE AND INTERGOVERNMENTAL AFFAIRS]. The committee
10951040 shall have nine [seven] members, with jurisdiction over all matters
10961041 pertaining to:
10971042 (1) the relations between the State of Texas and other
10981043 nations, including matters related to trade relations and
10991044 international trade zones;
11001045 (2) the relations between the State of Texas and the
11011046 federal government other than matters involving defense, emergency
11021047 preparedness, and veterans issues;
11031048 (3) the relations between the State of Texas and other
11041049 states of the United States;
11051050 (4) commerce, trade, and manufacturing, including
11061051 international commerce and trade and[, including] the regulation of
11071052 persons participating in international commerce and trade;
11081053 (5) cooperation between the state or a local
11091054 governmental entity and the scientific and technological
11101055 community, including private businesses, institutions of higher
11111056 education, and federal governmental laboratories;
11121057 (6) weights and measures;
11131058 (7) workforce training;
11141059 (8) economic and industrial development;
11151060 (9) development and support of small businesses;
11161061 (10) job creation and job-training programs;
11171062 (11) hours, wages, collective bargaining, and the
11181063 relationship between employers and employees;
11191064 (12) international and border regions (as described in
11201065 Sections 2056.002(e)(2) and (3), Government Code) economic
11211066 development, public health and safety issues affecting the border,
11221067 tourist development, and goodwill, and economic development,
11231068 tourist development, and goodwill in other areas of the state that
11241069 have experienced a significant increase in the percentage of the
11251070 population that consists of immigrants from other nations,
11261071 according to the last two federal decennial censuses or another
11271072 reliable measure;
11281073 (13) [(6)] the provision of public services to persons
11291074 residing in proximity to Texas' international border or in other
11301075 areas of the state that have experienced a significant increase in
11311076 the percentage of the population that consists of immigrants from
11321077 other nations, according to the last two federal decennial censuses
11331078 or another reliable measure; and
11341079 (14) [(7)] the following state agencies [agency]: the
11351080 Office of State-Federal Relations, the Texas Economic Development
11361081 and Tourism Office, the Texas Workforce Commission, and the Texas
11371082 Workforce Investment Council.
11381083 [Sec. 22. INVESTMENTS AND FINANCIAL SERVICES. (a) The
11391084 committee shall have seven members, with jurisdiction over all
11401085 matters pertaining to:
11411086 [(1) banking and the state banking system;
11421087 [(2) savings and loan associations;
11431088 [(3) credit unions;
11441089 [(4) the regulation of state and local bonded
11451090 indebtedness;
11461091 [(5) the lending of money;
11471092 [(6) the regulation of securities and investments;
11481093 [(7) privacy and identity theft; and
11491094 [(8) the following state agencies: the Finance
11501095 Commission of Texas, the Credit Union Commission, the Office of
11511096 Consumer Credit Commissioner, the Office of Banking Commissioner,
11521097 the Texas Department of Banking, the Department of Savings and
11531098 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
11541099 Texas Public Finance Authority, the Bond Review Board, and the
11551100 State Securities Board.
11561101 [(b) The chair of the committee shall appoint a permanent
11571102 subcommittee on state and local bonded indebtedness consisting of
11581103 not fewer than five members to consider all matters pertaining to
11591104 bonded indebtedness by a state or local governmental entity,
11601105 including:
11611106 [(1) the authority to issue bonds and the effects of
11621107 issuing bonds;
11631108 [(2) the economic impact of bonded indebtedness; and
11641109 [(3) the transparency of, and information provided to
11651110 taxpayers regarding, transactions related to the issuance of
11661111 bonds.]
11671112 Sec. 20 [23]. JUDICIARY AND CIVIL JURISPRUDENCE. The
11681113 committee shall have nine members, with jurisdiction over all
11691114 matters pertaining to:
11701115 (1) fines and penalties arising under civil laws;
11711116 (2) civil law, including rights, duties, remedies, and
11721117 procedures thereunder, and including probate and guardianship
11731118 matters;
11741119 (3) civil procedure in the courts of Texas;
11751120 (4) administrative law and the adjudication of rights
11761121 by administrative agencies;
11771122 (5) permission to sue the state;
11781123 (6) uniform state laws;
11791124 (7) creating, changing, or otherwise affecting courts
11801125 of judicial districts of the state;
11811126 (8) establishing districts for the election of
11821127 judicial officers;
11831128 (9) [the State Commission on Judicial Conduct;
11841129 [(10) the Office of the Attorney General, including
11851130 its organization, powers, functions, and responsibilities;
11861131 [(11)] courts and court procedures except where
11871132 jurisdiction is specifically granted to some other standing
11881133 committee; and
11891134 (10) [(12)] the following state agencies: the Supreme
11901135 Court, the courts of appeals, the Court of Criminal Appeals, the
11911136 State Commission on Judicial Conduct, the Office of Court
11921137 Administration of the Texas Judicial System, the State Law Library,
11931138 the Texas Judicial Council, the Judicial Branch Certification
11941139 Commission, the Office of the Attorney General, the Board of Law
11951140 Examiners, the State Bar of Texas, and the State Office of
11961141 Administrative Hearings.
11971142 Sec. 21 [24]. JUVENILE JUSTICE AND FAMILY ISSUES. The
11981143 committee shall have nine [seven] members, with jurisdiction over
11991144 all matters pertaining to:
12001145 (1) the commitment and rehabilitation of youths;
12011146 (2) the construction, operation, and management of
12021147 correctional facilities of the state and facilities used for the
12031148 commitment and rehabilitation of youths;
12041149 (3) juvenile delinquency and gang violence;
12051150 (4) criminal law, prohibitions, standards, and
12061151 penalties as applied to juveniles;
12071152 (5) criminal procedure in the courts of Texas as it
12081153 relates to juveniles;
12091154 (6) civil law as it relates to familial relationships,
12101155 including rights, duties, remedies, and procedures; and
12111156 (7) the following state agencies: the Texas Juvenile
12121157 Justice Board, the Texas Juvenile Justice Department, the Office of
12131158 Independent Ombudsman for the Texas Juvenile Justice Department,
12141159 and the Advisory Council on Juvenile Services.
12151160 Sec. 22 [25]. LAND AND RESOURCE MANAGEMENT. The committee
12161161 shall have nine [seven] members, with jurisdiction over all matters
12171162 pertaining to:
12181163 (1) the management of public lands;
12191164 (2) the power of eminent domain;
12201165 (3) the creation, modification, and regulation of
12211166 municipal utility districts;
12221167 (4) annexation, zoning, and other governmental
12231168 regulation of land use; and
12241169 (5) [(4)] the following state agencies: the School
12251170 Land Board, the Board for Lease of University Lands, and the General
12261171 Land Office.
12271172 Sec. 23 [26]. LICENSING AND ADMINISTRATIVE PROCEDURES. The
12281173 committee shall have 11 [nine] members, with jurisdiction over all
12291174 matters pertaining to:
12301175 (1) the oversight of businesses, industries, general
12311176 trades, and occupations regulated by this state;
12321177 (2) the regulation of greyhound and horse racing and
12331178 other gaming industries;
12341179 (3) regulation of the sale of intoxicating beverages
12351180 and local option control;
12361181 (4) the Alcoholic Beverage Code; and
12371182 (5) the following state agencies: the Texas
12381183 Department of Licensing and Regulation, the State Office of
12391184 Administrative Hearings, the Texas Board of Architectural
12401185 Examiners, the Texas State Board of Public Accountancy, the Texas
12411186 Real Estate Commission, the Texas State Board of Plumbing
12421187 Examiners, the Texas Board of Professional Engineers, the Real
12431188 Estate Center at Texas A&M University, the Texas Board of
12441189 Professional Land Surveying, the Texas Racing Commission, the Texas
12451190 Appraiser Licensing and Certification Board, the Texas Lottery
12461191 Commission, and the Texas Alcoholic Beverage Commission.
12471192 Sec. 24 [27]. LOCAL AND CONSENT CALENDARS (PROCEDURAL).
12481193 The committee shall have 11 [13] members, with jurisdiction over:
12491194 (1) the placement on appropriate calendars of bills
12501195 and resolutions that, in the opinion of the committee, are in fact
12511196 local or will be uncontested, and have been recommended as such by
12521197 the standing committee of original jurisdiction; and
12531198 (2) the determination of priorities for floor
12541199 consideration of bills and resolutions except those within the
12551200 jurisdiction of the Committee on Calendars and the Committee on
12561201 Resolutions Calendars.
12571202 Sec. 25 [28]. NATURAL RESOURCES. [(a)] The committee
12581203 shall have 11 members, with jurisdiction over all matters
12591204 pertaining to:
12601205 (1) the conservation of the natural resources of
12611206 Texas;
12621207 (2) the control and development of land and water and
12631208 land and water resources, including the taking, storing, control,
12641209 and use of all water in the state, and its appropriation and
12651210 allocation;
12661211 (3) irrigation, irrigation companies, and irrigation
12671212 districts, and their incorporation, management, and powers;
12681213 (4) the creation, modification, and regulation of
12691214 groundwater conservation districts, [and the modification and
12701215 regulation of] water supply districts, water control and
12711216 improvement districts, conservation and reclamation districts, and
12721217 all similar organs of local government dealing with water and water
12731218 supply not otherwise assigned by these rules to another standing
12741219 committee;
12751220 (5) oversight of the Texas Commission on Environmental
12761221 Quality as it relates to the regulation of water resources; and
12771222 (6) the following state agencies: the Office of
12781223 Canadian River Compact Commissioner for Texas, the Office of Pecos
12791224 River Compact Commissioner for Texas, the Office of Red River
12801225 Compact Commissioner for Texas, the Office of Rio Grande Compact
12811226 Commissioner for Texas, the Office of Sabine River Compact
12821227 Commissioners [Commissioner] for Texas, the Southwestern States
12831228 Water Commission, and the Texas Water Development Board.
12841229 [(b) The chair of the committee shall appoint a permanent
12851230 subcommittee on special water districts consisting of not fewer
12861231 than five members to consider all matters pertaining to special
12871232 water districts within the jurisdiction of the committee,
12881233 including:
12891234 [(1) the organization and operation of the districts;
12901235 [(2) the powers and duties of the districts; and
12911236 [(3) the districts' role in the conservation of
12921237 natural resources and the control and development of land and water
12931238 in the state.]
12941239 Sec. 26 [29]. PENSIONS, INVESTMENTS, AND FINANCIAL
12951240 SERVICES. The committee shall have 11 [seven] members, with
12961241 jurisdiction over all matters pertaining to:
12971242 (1) banking and the state banking system;
12981243 (2) savings and loan associations;
12991244 (3) credit unions;
13001245 (4) the regulation of state and local bonded
13011246 indebtedness;
13021247 (5) the lending of money;
13031248 (6) benefits or participation in benefits of a public
13041249 retirement system and the financial obligations of a public
13051250 retirement system;
13061251 (7) the regulation of securities and investments;
13071252 (8) privacy and identity theft; and
13081253 (9) [(2)] the following state agencies: the Finance
13091254 Commission of Texas, the Credit Union Commission, the Office of
13101255 Consumer Credit Commissioner, the Office of Banking Commissioner,
13111256 the Texas Department of Banking, the Department of Savings and
13121257 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
13131258 Texas Public Finance Authority, the Bond Review Board, the Texas
13141259 Emergency Services Retirement System, the Board of Trustees of the
13151260 Teacher Retirement System of Texas, the Board of Trustees of the
13161261 Employees Retirement System of Texas, the Board of Trustees of the
13171262 Texas County and District Retirement System, the Board of Trustees
13181263 of the Texas Municipal Retirement System, [and] the State Pension
13191264 Review Board, and the State Securities Board.
13201265 Sec. 27 [30]. PUBLIC EDUCATION. [(a)] The committee shall
13211266 have 13 [11] members, with jurisdiction over all matters pertaining
13221267 to:
13231268 (1) the public schools and the public school system of
13241269 Texas and the financing thereof;
13251270 (2) the state programming of elementary and secondary
13261271 education for the public school system of Texas;
13271272 (3) proposals to create, change, or otherwise alter
13281273 school districts of the state; and
13291274 (4) the following state agencies: the State Board of
13301275 Education, the Texas Education Agency, the Texas representatives to
13311276 the Education Commission of the States, the Office of Southern
13321277 Regional Education Compact Commissioner for Texas, the Texas School
13331278 for the Blind and Visually Impaired, the State Board for Educator
13341279 Certification, and the Texas School for the Deaf.
13351280 [(b) The chair of the committee shall appoint a permanent
13361281 subcommittee on educator quality consisting of not fewer than five
13371282 members to consider all matters pertaining to ensuring the high
13381283 quality of teachers in the state, including:
13391284 [(1) ways to improve the quality of the existing
13401285 teacher workforce and recruit well-qualified individuals into the
13411286 workforce; and
13421287 [(2) the adequacy of existing certification programs
13431288 for new teachers.]
13441289 Sec. 28 [31]. PUBLIC HEALTH. The committee shall have 11
13451290 members, with jurisdiction over all matters pertaining to:
13461291 (1) the protection of public health, including
13471292 supervision and control of the practice of medicine and dentistry
13481293 and other allied health services;
13491294 (2) mental health and the development of programs
13501295 incident thereto;
13511296 (3) the prevention and treatment of mental illness;
13521297 (4) oversight of the Health and Human Services
13531298 Commission as it relates to the subject matter jurisdiction of this
13541299 committee; and
13551300 (5) the following state agencies: the Department of
13561301 State Health Services, the Anatomical Board of the State of Texas,
13571302 the Texas Funeral Service Commission, the Hearing Instrument
13581303 Fitters and Dispensers Advisory Board, the Texas Health Services
13591304 Authority, the Texas Optometry Board, the Texas Radiation Advisory
13601305 Board, the Texas State Board of Pharmacy, the Interagency Obesity
13611306 Council, the Texas Board of Nursing, the Texas Board of
13621307 Chiropractic Examiners, the Texas Board of Physical Therapy
13631308 Examiners, the Massage Therapy Advisory Board, the [Texas State
13641309 Board of] Podiatric Medical Examiners Advisory Board, the Texas
13651310 State Board of Examiners of Psychologists, the Behavior Analyst
13661311 Advisory Board, the State Board of Dental Examiners, the Texas
13671312 Medical Board, the Advisory Board of Athletic Trainers, [the Dental
13681313 Hygiene Advisory Committee,] the Cancer Prevention and Research
13691314 Institute of Texas, the Texas State Board of Acupuncture Examiners,
13701315 the Health Professions Council, the Office of Patient Protection,
13711316 and the Texas Board of Occupational Therapy Examiners.
13721317 Sec. 29 [32]. REDISTRICTING (PROCEDURAL). The committee
13731318 shall have 15 [nine] members, with jurisdiction over all matters
13741319 pertaining to:
13751320 (1) legislative districts, both house and senate, and
13761321 any changes or amendments;
13771322 (2) congressional districts, their creation, and any
13781323 changes or amendments;
13791324 (3) establishing districts for the election of
13801325 judicial officers or of governing bodies or representatives of
13811326 political subdivisions or state agencies as required by law; and
13821327 (4) preparations for the redistricting process.
13831328 Sec. 30 [33]. [RULES AND] RESOLUTIONS CALENDARS
13841329 (PROCEDURAL). The committee shall have 11 members, with
13851330 jurisdiction over:
13861331 (1) the placement on appropriate calendars of
13871332 resolutions that, in the opinion of the committee, are in fact
13881333 congratulatory or memorial [Rules of Procedure of the House of
13891334 Representatives, and all proposed amendments];
13901335 (2) the determination of priorities for floor
13911336 consideration of resolutions except those within the jurisdiction
13921337 of the Committee on Calendars and the Committee on Local and Consent
13931338 Calendars [Joint Rules of the House and Senate, and all proposed
13941339 amendments];
13951340 (3) all procedures for expediting the business of the
13961341 house in expressing concern or commendation in an orderly and
13971342 efficient manner;
13981343 (4) all resolutions to congratulate, memorialize, or
13991344 name mascots of the house; and
14001345 (5) other matters concerning rules, procedures, and
14011346 operation of the house in expressing concern or commendation
14021347 assigned by the speaker.
14031348 [Sec. 34. SPECIAL PURPOSE DISTRICTS. (a) The committee
14041349 shall have seven members, with jurisdiction over all matters
14051350 pertaining to:
14061351 [(1) the creation of any special purpose district not
14071352 otherwise assigned by these rules to other standing committees,
14081353 including a crime control and prevention district, library
14091354 district, public improvement district, municipal management
14101355 district, municipal development district, irrigation district,
14111356 water improvement district, water control and improvement
14121357 district, river authority, or navigation district; and
14131358 [(2) any other local government special purpose
14141359 district authorized or created under law that as the result of its
14151360 creation may levy or impose a tax, assessment, or fee for a special
14161361 purpose.
14171362 [(b) In this section, "local government" means a political
14181363 subdivision of this state, other than a county, and includes a
14191364 corporation or other entity created by a political subdivision of
14201365 this state other than a county.]
14211366 Sec. 31 [35]. STATE AFFAIRS. The committee shall have 13
14221367 members, with jurisdiction over all matters pertaining to:
14231368 (1) questions and matters of state policy;
14241369 (2) the administration of state government;
14251370 (3) the organization, operation, powers, regulation,
14261371 and management of state departments, agencies, and institutions;
14271372 (4) the operation and regulation of public lands and
14281373 state buildings;
14291374 (5) the duties and conduct of officers and employees
14301375 of the state government;
14311376 (6) the duties and conduct of candidates for public
14321377 office and of persons with an interest in influencing public
14331378 policy;
14341379 (7) the operation of state government and its agencies
14351380 and departments; all of above except where jurisdiction is
14361381 specifically granted to some other standing committee;
14371382 (8) [(7)] access of the state agencies to scientific
14381383 and technological information;
14391384 (9) [(8)] the regulation and deregulation of electric
14401385 utilities and the electric industry;
14411386 (10) [(9)] the regulation and deregulation of
14421387 telecommunications utilities and the telecommunications industry;
14431388 (11) [(10)] electric utility regulation as it relates
14441389 to energy production and consumption;
14451390 (12) [(11)] pipelines, pipeline companies, and all
14461391 others operating as common carriers in the state;
14471392 (13) [(12)] the regulation and deregulation of other
14481393 industries jurisdiction of which is not specifically assigned to
14491394 another committee under these rules;
14501395 (14) advances in science and technology, including
14511396 telecommunications, electronic technology, or automated data
14521397 processing, by state agencies, including institutions of higher
14531398 education;
14541399 (15) the promotion within the state of an advance
14551400 described by Subdivision (14) of this section;
14561401 (16) cybersecurity; and
14571402 (17) [(13)] the following organizations and state
14581403 agencies: the Council of State Governments, the National
14591404 Conference of State Legislatures, the Office of the Governor, the
14601405 Texas Ethics Commission, the Texas Facilities Commission, the
14611406 Department of Information Resources, the Inaugural Endowment Fund
14621407 Committee, the Sunset Advisory Commission, the Public Utility
14631408 Commission of Texas, and the Office of Public Utility Counsel.
14641409 Sec. 32 [36]. TRANSPORTATION. [(a)] The committee shall
14651410 have 13 members, with jurisdiction over all matters pertaining to:
14661411 (1) commercial motor vehicles, both bus and truck, and
14671412 their control, regulation, licensing, and operation;
14681413 (2) the Texas highway system, including all roads,
14691414 bridges, and ferries constituting a part of the system;
14701415 (3) the licensing of private passenger vehicles to
14711416 operate on the roads and highways of the state;
14721417 (4) the regulation and control of traffic on the
14731418 public highways of the State of Texas;
14741419 (5) railroads, street railway lines, interurban
14751420 railway lines, steamship companies, and express companies;
14761421 (6) airports, air traffic, airlines, and other
14771422 organizations engaged in transportation by means of aerial flight;
14781423 (7) water transportation in the State of Texas, and
14791424 the rivers, harbors, and related facilities used in water
14801425 transportation and the agencies of government exercising
14811426 supervision and control thereover;
14821427 (8) the regulation of metropolitan transit; and
14831428 (9) the following state agencies: the Texas Department
14841429 of Motor Vehicles, the Texas Department of Transportation, and the
14851430 Texas Transportation Commission.
14861431 [(b) The chair of the committee shall appoint a permanent
14871432 subcommittee on long-term transportation infrastructure planning
14881433 consisting of not fewer than seven members to consider all matters
14891434 pertaining to the transportation needs of the state during the next
14901435 10 years and funding mechanisms to provide for meeting those
14911436 needs.]
14921437 Sec. 33 [37]. URBAN AFFAIRS. The committee shall have nine
14931438 [seven] members, with jurisdiction over all matters pertaining to:
14941439 (1) municipalities, including their creation,
14951440 organization, powers, government, and finance, and the
14961441 compensation and duties of their officers and employees;
14971442 (2) home-rule municipalities, their relationship to
14981443 the state, and their powers, authority, and limitations;
14991444 (3) the creation or change of metropolitan areas and
15001445 the form of government under which those areas operate;
15011446 (4) problems and issues particularly affecting
15021447 metropolitan areas of the state;
15031448 (5) other units of local government not otherwise
15041449 assigned by these rules to other standing committees;
15051450 (6) establishing districts for the election of
15061451 governing bodies of municipalities;
15071452 (7) land use regulation by municipalities; and
15081453 (8) the following state agencies: the Texas
15091454 Department of Housing and Community Affairs and the Texas
15101455 Commission on Fire Protection.
15111456 Sec. 34 [38]. WAYS AND MEANS. [(a)] The committee shall
15121457 have 11 members, with jurisdiction over:
15131458 (1) all bills and resolutions proposing to raise state
15141459 revenue;
15151460 (2) all bills or resolutions proposing to levy state
15161461 taxes or other fees;
15171462 (3) all proposals to modify, amend, or change any
15181463 existing state tax or revenue statute;
15191464 (4) all proposals to regulate the manner of collection
15201465 of state revenues and taxes;
15211466 (5) all bills and resolutions containing provisions
15221467 resulting in automatic allocation of funds from the state treasury;
15231468 (6) all bills and resolutions diverting funds from the
15241469 state treasury or preventing funds from going in that otherwise
15251470 would be placed in the state treasury;
15261471 (7) all bills and resolutions proposing to permit a
15271472 local government to raise revenue;
15281473 (8) all bills and resolutions proposing to permit a
15291474 local government to levy or impose property taxes, sales and use
15301475 taxes, or other taxes and fees;
15311476 (9) all proposals to modify, amend, or change any
15321477 existing local government tax or revenue statute;
15331478 (10) all proposals to regulate the manner of
15341479 collection of local government revenues and taxes;
15351480 (11) all bills and resolutions relating to the
15361481 appraisal of property for taxation;
15371482 (12) all bills and resolutions relating to the Tax
15381483 Code; and
15391484 (13) the following state agencies: the Office of
15401485 Multistate Tax Compact Commissioner for Texas and the Comptroller
15411486 of Public Accounts.
15421487 [(b) The chair of the committee shall appoint one or more
15431488 subcommittees consisting of not fewer than five members each, with
15441489 each subcommittee focusing on a specific method of taxation and all
15451490 matters pertaining to that method. One subcommittee must be
15461491 appointed to consider property taxation.]
15471492 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
15481493 CHAPTER A. ORGANIZATION
15491494 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
15501495 committees of the house, and the number of members and general
15511496 jurisdiction of each, shall be as enumerated in Rule 3.
15521497 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
15531498 the standing committees shall be determined at the beginning of
15541499 each regular session in the following manner:
15551500 (1) For each standing substantive committee, a maximum
15561501 of one-half of the membership, exclusive of the chair and
15571502 vice-chair, shall be determined by seniority. The remaining
15581503 membership of the committee shall be appointed by the speaker.
15591504 (2) Each member of the house, in order of seniority,
15601505 may designate three committees on which he or she desires to serve,
15611506 listed in order of preference. The member is entitled to become a
15621507 member of the committee of his or her highest preference on which
15631508 there remains a vacant seniority position.
15641509 (3) If members of equal seniority request the same
15651510 committee, the speaker shall appoint the member from among those
15661511 requesting that committee. Seniority, as the term is used in this
15671512 subsection, shall mean years of cumulative service as a member of
15681513 the house of representatives.
15691514 (4) After each member of the house has selected one
15701515 committee on the basis of seniority, the remaining membership on
15711516 each standing committee shall be filled by appointment of the
15721517 speaker, subject to the limitations imposed in this chapter.
15731518 (5) Seniority shall not apply to a procedural
15741519 committee. For purposes of these rules, the procedural committees
15751520 are the Committee on Calendars, the Committee on Local and Consent
15761521 Calendars, the Committee on [Rules and] Resolutions Calendars, the
15771522 General Investigating [and Ethics] Committee, the Committee on
15781523 House Administration, and the Committee on Redistricting. The
15791524 entire membership of these committees shall be appointed by the
15801525 speaker.
15811526 (6) In announcing the membership of committees, the
15821527 speaker shall designate those appointed by the speaker and those
15831528 acquiring membership by seniority.
15841529 (7) The speaker shall designate the chair and
15851530 vice-chair from the total membership of the committee.
15861531 (b) In the event of a vacancy in a representative district
15871532 that has not been filled at the time of the determination of the
15881533 membership of standing committees, the representative of the
15891534 district who fills that vacancy shall not be entitled to select a
15901535 committee on the basis of seniority. Committee appointments on
15911536 behalf of that district shall be designated by the district number.
15921537 (c) In the event that a member-elect of the current
15931538 legislature has not taken the oath of office by the end of the ninth
15941539 day of the regular session, the representative of that district
15951540 shall not be entitled to select a committee on the basis of
15961541 seniority. If the member-elect has not taken the oath of office by
15971542 the time committee appointments are announced, committee
15981543 appointments on behalf of that district shall be designated by
15991544 district number.
16001545 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
16011546 and vice-chair, members of a standing committee shall rank
16021547 according to their seniority.
16031548 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
16041549 concurrently on more than two standing substantive committees.
16051550 (b) A member serving as chair of the Committee on
16061551 Appropriations or the Committee on State Affairs may not serve on
16071552 any other substantive committee.
16081553 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
16091554 a standing, select, or interim committee subsequent to its
16101555 organization, the speaker shall appoint an eligible member to fill
16111556 the vacancy.
16121557 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
16131558 shall:
16141559 (1) be responsible for the effective conduct of the
16151560 business of the committee;
16161561 (2) appoint all subcommittees and determine the number
16171562 of members to serve on each subcommittee;
16181563 (3) in consultation with members of the committee,
16191564 schedule the work of the committee and determine the order in which
16201565 the committee shall consider and act on bills, resolutions, and
16211566 other matters referred to the committee;
16221567 (4) have authority to employ and discharge the staff
16231568 and employees authorized for the committee and have supervision and
16241569 control over all the staff and employees;
16251570 (5) direct the preparation of all committee reports.
16261571 No committee report shall be official until signed by the chair of
16271572 the committee, or by the person acting as chair, or by a majority of
16281573 the membership of the committee;
16291574 (6) determine the necessity for public hearings,
16301575 schedule hearings, and be responsible for directing the posting of
16311576 notice of hearings as required by the rules;
16321577 (7) preside at all meetings of the committee and
16331578 control its deliberations and activities in accordance with
16341579 acceptable parliamentary procedure; and
16351580 (8) have authority to direct the sergeant-at-arms to
16361581 assist, where necessary, in enforcing the will of the committee.
16371582 Sec. 7. BILL ANALYSES. Except for the general
16381583 appropriations bill, for each bill or joint resolution referred to
16391584 the committee, the staff of the committee shall be responsible for
16401585 distributing a copy of a bill analysis to each member of the
16411586 committee and the author of a house measure at the earliest possible
16421587 opportunity but not later than the first time the measure is laid
16431588 out in a committee meeting.
16441589 CHAPTER B. PROCEDURE
16451590 Sec. 8. MEETINGS. (a) As soon as practicable after
16461591 standing committees are constituted and organized, the committee
16471592 coordinator, under the direction of the Committee on House
16481593 Administration, shall prepare a schedule for regular meetings of
16491594 all standing committees. This schedule shall be published in the
16501595 house journal and posted in a convenient and conspicuous place near
16511596 the entrance to the house and on other posting boards for committee
16521597 meeting notices, as determined necessary by the Committee on House
16531598 Administration. To the extent practicable during each regular
16541599 session, standing committees shall conduct regular committee
16551600 meetings in accordance with the schedule of meetings prepared by
16561601 the committee coordinator under the supervision of the Committee on
16571602 House Administration.
16581603 (b) Standing committees shall meet at other times as may be
16591604 determined by the committee, or as may be called by the chair.
16601605 Subcommittees of standing committees shall likewise meet at other
16611606 times as may be determined by the committee, or as may be called by
16621607 the chair of the committee or subcommittee.
16631608 (c) Committees shall also meet in such places and at such
16641609 times as the speaker may designate.
16651610 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
16661611 committee or subcommittee shall meet during the time the house is in
16671612 session without permission being given by a majority vote of the
16681613 house. No standing committee or subcommittee shall conduct its
16691614 meeting on the floor of the house or in the house chamber while the
16701615 house is in session, but shall, if given permission to meet while
16711616 the house is in session, retire to a designated committee room for
16721617 the conduct of its meeting.
16731618 Sec. 10. PURPOSES FOR MEETING. A committee or a
16741619 subcommittee may be assembled for:
16751620 (1) a public hearing where testimony is to be heard,
16761621 and where official action may be taken, on bills, resolutions, or
16771622 other matters;
16781623 (2) a formal meeting where the committee may discuss
16791624 and take official action on bills, resolutions, or other matters
16801625 without testimony; and
16811626 (3) a work session where the committee may discuss
16821627 bills, resolutions, or other matters but take no formal action.
16831628 Sec. 11. POSTING NOTICE. (a) No committee or
16841629 subcommittee, including a calendars committee, shall assemble for
16851630 the purpose of a public hearing during a regular session unless
16861631 notice of the hearing has been posted in accordance with the rules
16871632 at least five calendar days in advance of the hearing. No committee
16881633 or subcommittee, including a calendars committee, shall assemble
16891634 for the purpose of a public hearing during a special session unless
16901635 notice of the hearing has been posted in accordance with the rules
16911636 at least 24 hours in advance of the hearing. The committee minutes
16921637 shall reflect the date of each posting of notice. Notice shall not
16931638 be required for a public hearing or a formal meeting on a senate
16941639 bill which is substantially the same as a house bill that has
16951640 previously been the subject of a duly posted public hearing by the
16961641 committee.
16971642 (b) No committee or subcommittee, including a calendars
16981643 committee, shall assemble for the purpose of a formal meeting or
16991644 work session during a regular or special session unless written
17001645 notice has been posted and transmitted to each member of the
17011646 committee two hours in advance of the meeting or an announcement has
17021647 been filed with the journal clerk and read by the reading clerk
17031648 while the house is in session.
17041649 (c) All committees meeting during the interim for the
17051650 purpose of a formal meeting, work session, or public hearing shall
17061651 post notice in accordance with the rules and notify members of the
17071652 committee at least five calendar days in advance of the meeting.
17081653 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
17091654 committee or subcommittee, including a calendars committee, shall
17101655 be open to other members, the press, and the public unless
17111656 specifically provided otherwise by resolution adopted by the house.
17121657 However, the General Investigating [and Ethics] Committee or a
17131658 committee considering an impeachment, an address, the punishment of
17141659 a member of the house, or any other matter of a quasi-judicial
17151660 nature may meet in executive session for the limited purpose of
17161661 examining a witness or deliberating, considering, or debating a
17171662 decision, but no decision may be made or voted on except in a
17181663 meeting that is open to the public and otherwise in compliance with
17191664 the rules of the house.
17201665 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
17211666 Procedure of the House of Representatives, and to the extent
17221667 applicable, the rules of evidence and procedure in the civil courts
17231668 of Texas, shall govern the hearings and operations of each
17241669 committee, including a calendars committee. Subject to the
17251670 foregoing, and to the extent necessary for orderly transaction of
17261671 business, each committee may promulgate and adopt additional rules
17271672 and procedures by which it will function.
17281673 (b) No standing committee, including a calendars committee,
17291674 or any subcommittee, shall adopt any rule of procedure, including
17301675 but not limited to an automatic subcommittee rule, which will have
17311676 the effect of thwarting the will of the majority of the committee or
17321677 subcommittee or denying the committee or subcommittee the right to
17331678 ultimately dispose of any pending matter by action of a majority of
17341679 the committee or subcommittee. A bill or resolution may not be laid
17351680 on the table subject to call in committee without a majority vote of
17361681 the committee.
17371682 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
17381683 rulings of the chair of a committee shall be in order if seconded by
17391684 three members of the committee, which may include the member making
17401685 the appeal. Procedure in committee following an appeal which has
17411686 been seconded shall be the same as the procedure followed in the
17421687 house in a similar situation.
17431688 Sec. 15. PREVIOUS QUESTION. Before the previous question
17441689 can be ordered in a committee, the motion therefor must be seconded
17451690 by not less than 4 members of a committee consisting of 21 or more
17461691 members, 3 members of a committee consisting of less than 21 members
17471692 and more than 10 members, or 2 members of a committee consisting of
17481693 10 members or less. If the motion is properly seconded and ordered
17491694 by a majority vote of the committee, further debate on the
17501695 proposition under consideration shall be terminated, and the
17511696 proposition shall be immediately put to a vote of the committee for
17521697 its action.
17531698 Sec. 16. QUORUM. A majority of a committee shall
17541699 constitute a quorum. No action or recommendation of a committee
17551700 shall be valid unless taken at a meeting of the committee with a
17561701 quorum actually present, and the committee minutes shall reflect
17571702 the names of those members of the committee who were actually
17581703 present. No committee report shall be made to the house nor shall
17591704 bills or resolutions be placed on a calendar unless ordered by a
17601705 majority of the membership of the committee, except as otherwise
17611706 provided in the rules, and a quorum of the committee must be present
17621707 when the vote is taken on reporting a bill or resolution, on placing
17631708 bills or resolutions on a calendar, or on taking any other formal
17641709 action within the authority of the committee. No committee report
17651710 shall be made nor shall bills or resolutions be placed on a calendar
17661711 except by record vote of the members of the committee, with the yeas
17671712 and nays to be recorded in the minutes of the committee. Proxies
17681713 cannot be used in committees.
17691714 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
17701715 order to move a call of a committee at any time to secure and
17711716 maintain a quorum for any one or more of the following purposes:
17721717 (1) for the consideration of a specific bill,
17731718 resolution, or other matter;
17741719 (2) for a definite period of time; or
17751720 (3) for the consideration of any designated class of
17761721 bills or other matters.
17771722 (b) When a call of a committee is moved for one or more of
17781723 the foregoing purposes and seconded by two members, one of whom may
17791724 be the chair, and is ordered by a majority of the members present,
17801725 no member shall thereafter be permitted to leave the committee
17811726 meeting without written permission from the chair. After the call
17821727 is ordered, and in the absence of a quorum, the chair shall have the
17831728 authority to authorize the sergeant-at-arms to locate absent
17841729 members of the committee and to compel their attendance for the
17851730 duration of the call.
17861731 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
17871732 including a calendars committee, the chair, or the member acting as
17881733 chair, shall keep complete minutes of the proceedings in committee,
17891734 which shall include:
17901735 (1) the time and place of each meeting of the
17911736 committee;
17921737 (2) a roll call to determine the members present at
17931738 each meeting of the committee, whether that meeting follows an
17941739 adjournment or a recess from a previous committee meeting;
17951740 (3) an accurate record of all votes taken, including a
17961741 listing of the yeas and nays cast on a record vote;
17971742 (4) the date of posting of notice of the meeting; and
17981743 (5) other information that the chair shall determine.
17991744 (b) The minutes for each public hearing of a committee shall
18001745 also include an attachment listing the names of the persons, other
18011746 than members of the legislature, and the persons or entities
18021747 represented by those persons, who were recognized by the chair to
18031748 address the committee. The attachment shall also list the name of
18041749 each person, other than a member of the legislature, who submitted
18051750 to the committee a sworn statement indicating that the person was
18061751 present in favor of, in opposition to, or without taking a position
18071752 on the measure or other matter, but who because of the person's
18081753 departure or other reason was not recognized by the chair to address
18091754 the committee; provided that the omission of the name of such a
18101755 person is not subject to a point [sustainable question] of order.
18111756 (c) Committee minutes shall be corrected only at the
18121757 direction of the chair as authorized by a majority vote of the
18131758 committee. Duplicate originals of committee minutes shall be
18141759 maintained, one to remain with the committee chair and the other to
18151760 be filed with the committee coordinator. The committee minutes of a
18161761 meeting of the Appropriations Committee on the general
18171762 appropriations bill must be filed with the committee coordinator
18181763 within five days of the committee meeting. All other committee
18191764 minutes must be filed with the committee coordinator within three
18201765 days of the committee meeting for a substantive committee, and
18211766 within one day of the committee meeting for a procedural committee.
18221767 If the date on which the committee minutes are due occurs on a
18231768 Saturday, Sunday, or holiday on which the house is not in session,
18241769 the committee minutes shall be filed on the following working day.
18251770 The time at which the minutes are filed shall be time-stamped on the
18261771 duplicate originals of the minutes that are filed with the
18271772 committee coordinator. The duplicate originals shall be available
18281773 at all reasonable business hours for inspection by members or the
18291774 public.
18301775 (d) The committee coordinator shall maintain the minutes
18311776 and records safe from loss, destruction, and alteration at all
18321777 times, and may, at any time, turn them, or any portion, over to the
18331778 Committee on House Administration.
18341779 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
18351780 committee coordinator shall establish procedures for making
18361781 available to the public on the Internet documents relating to the
18371782 proceedings of substantive committees.
18381783 (b) A substantive committee shall make available to the
18391784 public on the Internet:
18401785 (1) any committee substitute or amendment laid before
18411786 the committee; and
18421787 (2) any nonconfidential written testimony submitted
18431788 by a state agency for consideration by the committee that relates to
18441789 a measure referred to the committee.
18451790 (c) A committee's failure to comply with this section is not
18461791 subject to a point of order.
18471792 Sec. 19. RECORDING OF TESTIMONY. All testimony before
18481793 committees and subcommittees shall be electronically recorded
18491794 under the direction of the Committee on House Administration.
18501795 Copies of the testimony may be released under guidelines
18511796 promulgated by the Committee on House Administration.
18521797 Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
18531798 Committee on House Administration shall ensure that an audio and
18541799 video recording of any public hearing, formal meeting, or work
18551800 session of the Committee on Appropriations or a subcommittee of the
18561801 Committee on Appropriations is made available to the public on the
18571802 Internet in a timely manner.
18581803 (b) To the extent that current technological capabilities
18591804 prohibit immediate implementation of this section, the Committee on
18601805 House Administration shall use the committee's best efforts to
18611806 conform to the requirements of this section as soon as practicable.
18621807 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
18631808 coordinator, under the direction of the Committee on House
18641809 Administration, shall prescribe the form of a sworn statement,
18651810 which may be in electronic or paper format, to be executed by all
18661811 persons, other than members, who wish to be recognized by the chair
18671812 to address the committee. The statement shall provide for showing
18681813 at least:
18691814 (1) the committee or subcommittee;
18701815 (2) the name, address, and telephone number of the
18711816 person appearing;
18721817 (3) the person, firm, corporation, class, or group
18731818 represented;
18741819 (4) the type of business, profession, or occupation in
18751820 which the person is engaged, if the person is representing himself
18761821 or herself; and
18771822 (5) the matter before the committee on which the
18781823 person wishes to be recognized to address the committee and whether
18791824 for, against, or neutral on the matter.
18801825 (b) No person shall be recognized by the chair to address
18811826 the committee in favor of, in opposition to, or without taking a
18821827 position on a matter until the sworn statement has been filed with
18831828 the chair of the committee. The chair of the committee shall
18841829 indicate whether the person completing the statement was recognized
18851830 to address the committee.
18861831 (c) Sworn statements submitted in paper format for those
18871832 persons recognized by the chair to address the committee shall
18881833 accompany the copy of the minutes of the meeting filed with the
18891834 committee coordinator.
18901835 (d) All persons, other than members, recognized by the chair
18911836 to address the committee shall give their testimony under oath, and
18921837 each committee may avail itself of additional powers and
18931838 prerogatives authorized by law.
18941839 (e) The committee shall ensure that an individual who is
18951840 blind receives any necessary assistance in executing the sworn
18961841 statement.
18971842 (f) The committee shall inform a witness who is blind which
18981843 members of the committee are present when the witness begins to
18991844 testify and shall inform the witness during the testimony of the
19001845 departure and arrival of committee members.
19011846 (g) The chair may recognize a witness who has been invited
19021847 by the committee to attend the meeting but is not present in the
19031848 same physical location as the committee to testify before the
19041849 committee through an Internet or other videoconferencing system if:
19051850 (1) the witness has executed a sworn statement, in
19061851 electronic or paper format, under this section;
19071852 (2) the witness has filed the statement or a copy of
19081853 the statement with the chair before testifying; and
19091854 (3) two-way communication has been enabled to allow
19101855 the witness to be clearly visible and audible to the committee
19111856 members and the committee members to be clearly visible and audible
19121857 to the witness.
19131858 (h) A person who serves as a translator, including an
19141859 interpreter, for a witness before a committee must execute a form
19151860 prescribed by the committee coordinator, under the direction of the
19161861 Committee on House Administration. The form must at least include
19171862 the name of the translator and the name of the witness whom the
19181863 translator is serving.
19191864 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
19201865 By a record vote of not less than two-thirds of those present and
19211866 voting, a quorum being present, each standing committee shall have
19221867 the power and authority to issue process to witnesses at any place
19231868 in the State of Texas, to compel their attendance, and to compel the
19241869 production of all books, records, and instruments. If necessary to
19251870 obtain compliance with subpoenas or other process, the committee
19261871 shall have the power to issue writs of attachment. All process
19271872 issued by the committee may be addressed to and served by an agent
19281873 of the committee or a sergeant-at-arms appointed by the committee
19291874 or by any peace officer of the State of Texas. The committee shall
19301875 also have the power to cite and have prosecuted for contempt, in the
19311876 manner provided by law, anyone disobeying the subpoenas or other
19321877 process lawfully issued by the committee. The chair of the
19331878 committee shall issue, in the name of the committee, the subpoenas
19341879 and other process as the committee may direct.
19351880 (b) The chair may summon the governing board or other
19361881 representatives of a state agency to appear and testify before the
19371882 committee without issuing process under Subsection (a) of this
19381883 section. The summons may be communicated in writing, orally, or
19391884 electronically. If the persons summoned fail or refuse to appear,
19401885 the committee may issue process under Subsection (a) of this
19411886 section.
19421887 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
19431888 prior approval by the Committee on House Administration, witnesses
19441889 attending proceedings of any committee under process of the
19451890 committee shall be allowed the same mileage and per diem as are
19461891 allowed members of the committee when in a travel status, to be paid
19471892 out of the contingent expense fund of the house of representatives
19481893 on vouchers approved by the chair of the committee, the chair of the
19491894 Committee on House Administration, and the speaker of the house.
19501895 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
19511896 Each committee is authorized to request the assistance, when
19521897 needed, of all state departments, agencies, and offices, and it
19531898 shall be the duty of the departments, agencies, and offices to
19541899 assist the committee when requested to do so. Each committee shall
19551900 have the power and authority to inspect the records, documents, and
19561901 files of every state department, agency, and office, to the extent
19571902 necessary to the discharge of its duties within the area of its
19581903 jurisdiction.
19591904 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
19601905 meeting of a committee, the chair may recognize a member of the
19611906 house who is not a member of the committee to provide information to
19621907 the committee, and may recognize a member of the senate for that
19631908 purpose. Recognition is solely within the discretion of the chair
19641909 and is not subject to appeal by that member.
19651910 CHAPTER C. COMMITTEE FUNCTIONS
19661911 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
19671912 by subcommittees, are hereby authorized to conduct studies that are
19681913 authorized by the speaker pursuant to Rule 1, Section 17. Studies
19691914 may not be authorized by resolution. The speaker may appoint public
19701915 citizens and officials of state and local governments to standing
19711916 committees to augment the membership for the purpose of interim
19721917 studies and shall provide a list of such appointments to the chief
19731918 clerk. The chair of the standing committee shall have authority to
19741919 name the subcommittees necessary and desirable for the conduct of
19751920 the interim studies and shall also prepare a budget for interim
19761921 studies for approval by the Committee on House Administration.
19771922 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
19781923 CALENDAR. No motion is in order in a committee considering a bill,
19791924 resolution, or other matter that would prevent the committee from
19801925 reporting it back to the house or placing it on a calendar in
19811926 accordance with the Rules of the House.
19821927 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
19831928 committee on bills or resolutions referred to it shall be
19841929 considered as final unless it is in the form of a favorable report,
19851930 an unfavorable report, or a report of inability to recommend a
19861931 course of action.
19871932 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
19881933 committee to report favorably or unfavorably must receive
19891934 affirmative majority votes, majority negative votes to either
19901935 motion being insufficient to report. If a committee is unable to
19911936 agree on a recommendation for action, as in the case of a tie vote,
19921937 it should submit a statement of this fact as its report, and the
19931938 house shall decide, by a majority vote, the disposition of the
19941939 matter by one of the following alternatives:
19951940 (1) leave the bill in the committee for further
19961941 consideration;
19971942 (2) refer the bill to some other committee; or
19981943 (3) order the bill printed, in which case the bill
19991944 shall go to the Committee on Calendars for placement on a calendar
20001945 and for proposal of an appropriate rule for house consideration.
20011946 Sec. 28. MINORITY REPORTS. The report of a minority of a
20021947 committee shall be made in the same general form as a majority
20031948 report. No minority report shall be recognized by the house unless
20041949 it has been signed by not less than 4 members of a committee
20051950 consisting of 21 or more members, 3 members of a committee
20061951 consisting of less than 21 members and more than 10 members, or 2
20071952 members of a committee consisting of 10 or less members. Only
20081953 members who were present when the vote was taken on the bill,
20091954 resolution, or other matter being reported, and who voted on the
20101955 losing side, may sign a minority report. Notice of intention to
20111956 file a minority report shall be given to the assembled committee
20121957 after the vote on the bill, resolution, or other matter, and before
20131958 the recess or adjournment of the committee, provided ample
20141959 opportunity is afforded for the giving of notice; otherwise, notice
20151960 may be given in writing to the chief clerk within 24 hours after the
20161961 recess or adjournment of the committee.
20171962 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
20181963 majority report on a bill is unfavorable, and a favorable minority
20191964 report is not signed in accordance with Section 28 of this rule and
20201965 filed with the chief clerk within two calendar days, exclusive of
20211966 Sunday and the date of committee action, the chief clerk shall file
20221967 the bill away as dead; except during the last 15 calendar days of a
20231968 regular session, or the last 7 calendar days of a special session,
20241969 when the chief clerk shall hold a bill only one calendar day,
20251970 exclusive of Sunday and the date of committee action, awaiting the
20261971 filing of a minority report before the bill is filed away as dead.
20271972 If the favorable minority report is properly signed and filed, the
20281973 chief clerk shall hold the bill for five legislative days,
20291974 exclusive of the legislative day in which the minority report was
20301975 filed, awaiting adoption by the house of a motion to print the bill
20311976 on minority report. If the motion to print is carried, the bill
20321977 shall be printed as if it had been reported favorably, and shall
20331978 then be immediately forwarded to the Committee on Calendars for
20341979 placement on a calendar and for proposal of an appropriate rule for
20351980 house consideration. If a motion to print a bill on minority report
20361981 is not made within the five legislative days authorized above, the
20371982 chief clerk shall file the bill away as dead. It shall not be in
20381983 order to move to recommit a bill adversely reported with no minority
20391984 report, except as provided in Section 30 of this rule. A two-thirds
20401985 vote of the house shall be required to print on minority report a
20411986 joint resolution proposing an amendment to the Constitution of
20421987 Texas.
20431988 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
20441989 AUTHOR. No adverse report shall be made on any bill or resolution
20451990 by any committee without first giving the author or sponsor of the
20461991 bill an opportunity to be heard. If it becomes evident to the house
20471992 that a bill has been reported adversely without the author or
20481993 sponsor having had an opportunity to be heard as provided in this
20491994 section, the house may, by a majority vote, order the bill
20501995 recommitted even though no minority report was filed in the manner
20511996 prescribed by the rules. This provision shall have precedence over
20521997 Rule 7, Section 20.
20531998 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
20541999 reported adversely, it shall be subject to the same rules that
20552000 govern other bills reported adversely.
20562001 Sec. 32. FORM OF REPORTS. (a) Reports of standing
20572002 committees on bills and resolutions shall be made in duplicate,
20582003 with one copy to be filed with the journal clerk for printing in the
20592004 journal and the other to accompany the original bill.
20602005 (b) All committee reports must be in writing and shall:
20612006 (1) be signed by the chair, or the member acting as
20622007 chair, or a majority of the membership of the committee;
20632008 (2) be addressed to the speaker;
20642009 (3) contain a statement of the recommendations of the
20652010 committee with reference to the matter which is the subject of the
20662011 report;
20672012 (4) contain the date the committee made its
20682013 recommendation;
20692014 (5) indicate whether a copy of a bill or resolution was
20702015 forwarded to the Legislative Budget Board for preparation of a
20712016 fiscal note or other impact statement, if applicable;
20722017 (6) contain the record vote by which the report was
20732018 adopted, including the vote of each member of the committee;
20742019 (7) contain the recommendation that the bill or
20752020 resolution be sent to the Committee on Local and Consent Calendars
20762021 for placement on the local, consent, and resolutions calendar if
20772022 applicable;
20782023 (8) state the name of the primary house sponsor of all
20792024 senate bills and resolutions and indicate the names of all joint
20802025 sponsors or cosponsors;
20812026 (9) include a summary of the committee hearing on the
20822027 bill or resolution;
20832028 (10) include a list of the names of the persons, other
20842029 than members of the legislature, and persons or entities
20852030 represented by those persons, who submitted to the committee sworn
20862031 statements indicating that the persons were present in favor of, in
20872032 opposition to, or without taking a position on the bill or
20882033 resolution. The omission from the list of the name of a person who
20892034 submitted a sworn statement regarding a bill or resolution but who
20902035 was not recognized by the chair to address the committee is not
20912036 subject to a point [sustainable question] of order;
20922037 (11) for a joint resolution proposing a constitutional
20932038 amendment, include the bill number of any enabling legislation for
20942039 the constitutional amendment designated as such by the author or
20952040 sponsor of the joint resolution;
20962041 (12) for a bill that is designated by the author or
20972042 sponsor of the bill as enabling legislation for a constitutional
20982043 amendment proposed by a joint resolution, include the number of the
20992044 joint resolution; and
21002045 (13) contain a copy of each form executed by a
21012046 translator for a witness as required by Section 20(h) of this rule.
21022047 (c) Except for the general appropriations bill, each
21032048 committee report on a bill or joint resolution, including a
21042049 complete committee substitute, and, to the extent considered
21052050 necessary by the committee, a committee report on any other
21062051 resolution, must include in summary or section-by-section form a
21072052 detailed analysis of the subject matter of the bill or resolution,
21082053 specifically including:
21092054 (1) background information on the proposal and
21102055 information on what the bill or resolution proposes to do;
21112056 (2) an analysis of the content of the bill or
21122057 resolution, including a separate statement that lists each statute
21132058 or constitutional provision that is expressly repealed by the bill
21142059 or resolution;
21152060 (3) a statement indicating whether or not any
21162061 rulemaking authority is expressly delegated to a state officer,
21172062 department, agency, or institution, and, if so, identifying the
21182063 sections of the measure in which that rulemaking authority is
21192064 delegated;
21202065 (4) a statement indicating whether or not the bill or
21212066 resolution expressly creates a criminal offense, expressly
21222067 increases the punishment for an existing criminal offense or
21232068 category of offenses, or expressly changes the eligibility of a
21242069 person for community supervision, parole, or mandatory
21252070 supervision;
21262071 (5) a statement of substantial differences between a
21272072 complete committee substitute and the original bill; and
21282073 (6) a brief explanation of each amendment adopted by
21292074 the committee.
21302075 (d) The committee to which the bill or resolution is
21312076 referred may request the Texas Legislative Council to prepare the
21322077 analysis required by Subsection (c) of this section.
21332078 (e) A committee chair shall provide to the author of a house
21342079 measure a copy of the analysis required by Subsection (c) of this
21352080 section as soon as the analysis is complete.
21362081 (f) The author of a bill or resolution may request that an
21372082 analysis prepared for purposes of this section include a statement
21382083 written by the author that includes any additional information that
21392084 the author considers appropriate.
21402085 (g) It shall be the duty of the committee chair, on all
21412086 matters reported by the committee, to see that all provisions of
21422087 Rule 12 are satisfied. The chair shall strictly construe this
21432088 provision to achieve the desired purposes.
21442089 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
21452090 committee determines that a bill or joint resolution, other than
21462091 the general appropriations bill, authorizes or requires the
21472092 expenditure or diversion of state funds for any purpose, the chair
21482093 shall send a copy of the measure to the Legislative Budget Board for
21492094 the preparation of a fiscal note outlining the fiscal implications
21502095 and probable cost of the measure.
21512096 (b) If the chair of a standing committee determines that a
21522097 bill or joint resolution has statewide impact on units of local
21532098 government of the same type or class and authorizes or requires the
21542099 expenditure or diversion of local funds, or creates or impacts a
21552100 local tax, fee, license charge, or penalty, the chair shall send a
21562101 copy of the measure to the Legislative Budget Board for the
21572102 preparation of a fiscal note outlining the fiscal implications and
21582103 probable cost of the measure.
21592104 (c) In preparing a fiscal note, the director of the
21602105 Legislative Budget Board may utilize information or data supplied
21612106 by any person, agency, organization, or governmental unit that the
21622107 director deems reliable. If the director determines that the fiscal
21632108 implications of the measure cannot be ascertained, the director
21642109 shall so state in the fiscal note, shall when reasonably
21652110 ascertainable provide an estimated range of the fiscal
21662111 implications, and shall include in the note a statement of the
21672112 reasons the director is unable to ascertain the fiscal implications
21682113 of the measure, in which case the fiscal note shall be in full
21692114 compliance with the rules. If the director of the Legislative
21702115 Budget Board is unable to acquire or develop sufficient information
21712116 to prepare the fiscal note within 15 days of receiving the measure
21722117 from the chair of a committee, the director shall so state in the
21732118 fiscal note, shall when reasonably ascertainable provide an
21742119 estimated range of the fiscal implications, and shall include in
21752120 the note a statement of the reasons the director is unable to
21762121 acquire or develop sufficient information, in which case the note
21772122 shall be in full compliance with the rules.
21782123 (d) If the chair determines that a fiscal note is required,
21792124 copies of the fiscal note must be distributed to the members of the
21802125 committee not later than the first time the measure is laid out in a
21812126 committee meeting. The fiscal note shall be attached to the measure
21822127 on first printing. If the measure is amended by the committee so as
21832128 to alter its fiscal implications, the chair shall obtain an updated
21842129 fiscal note, which shall also be attached to the measure on first
21852130 printing.
21862131 (e) All fiscal notes shall remain with the measure
21872132 throughout the entire legislative process, including submission to
21882133 the governor.
21892134 (f) All fiscal notes must include in the summary box on the
21902135 first page of the fiscal note a statement that indicates whether the
21912136 bill or joint resolution will have fiscal implications or probable
21922137 costs in any year.
21932138 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
21942139 this section that all members of the house are timely informed as to
21952140 the impact of proposed legislation on the state or other unit of
21962141 government.
21972142 (a-1) The chair of the appropriations committee shall send a
21982143 copy of the general appropriations bill to the Legislative Budget
21992144 Board for the preparation of a dynamic economic impact statement,
22002145 specifically including the number of state employees to be affected
22012146 and the estimated impact on employment by the private sector and
22022147 local governments in Texas as a result of any change in state
22032148 expenditures made by the bill as compared to the biennium preceding
22042149 the biennium to which the bill applies.
22052150 (b) If the chair of a standing committee determines that a
22062151 bill or joint resolution:
22072152 (1) authorizes or requires a change in the sanctions
22082153 applicable to adults convicted of felony crimes, the chair shall
22092154 send a copy of the measure to the Legislative Budget Board for the
22102155 preparation of a criminal justice policy impact statement;
22112156 (2) authorizes or requires a change in the public
22122157 school finance system, the chair shall send a copy of the measure to
22132158 the Legislative Budget Board for the preparation of an equalized
22142159 education funding impact statement;
22152160 (3) proposes to change benefits or participation in
22162161 benefits of a public retirement system or change the financial
22172162 obligations of a public retirement system, the chair shall send a
22182163 copy of the measure to the Legislative Budget Board for the
22192164 preparation of an actuarial impact statement in cooperation with
22202165 the State Pension Review Board;
22212166 (4) proposes to create a water district under the
22222167 authority of Article XVI, Section 59, of the Texas Constitution,
22232168 the chair shall send a copy of the measure to the Legislative Budget
22242169 Board for the preparation of a water development policy impact
22252170 statement; or
22262171 (5) creates or impacts a state tax or fee, the chair
22272172 shall send a copy of the measure to the Legislative Budget Board for
22282173 the preparation of a tax equity note that estimates the general
22292174 effects of the proposal on the distribution of tax and fee burdens
22302175 among individuals and businesses.
22312176 (c) In preparing an impact statement, the director of the
22322177 Legislative Budget Board may utilize information or data supplied
22332178 by any person, agency, organization, or governmental unit that the
22342179 director deems reliable. If the director determines that the
22352180 particular implications of the measure cannot be ascertained, the
22362181 director shall so state in the impact statement, in which case the
22372182 impact statement shall be in full compliance with the rules.
22382183 (d) An impact statement is not required to be present before
22392184 a measure is laid out in a committee meeting. If timely received,
22402185 the impact statement shall be attached to the measure on first
22412186 printing. If the measure is amended by the committee so as to alter
22422187 its particular implications, the chair shall obtain an updated
22432188 impact statement. If timely received, the updated impact statement
22442189 shall also be attached to the measure on first printing.
22452190 (e) An impact statement that is received after the first
22462191 printing of a measure has been distributed to the members shall be
22472192 forwarded by the chair of the committee to the committee
22482193 coordinator. The committee coordinator shall have the impact
22492194 statement printed and distributed to the members.
22502195 (f) All impact statements received shall remain with the
22512196 measure throughout the entire legislative process, including
22522197 submission to the governor.
22532198 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
22542199 RESOLUTIONS. Committee reports on house and concurrent
22552200 resolutions shall be made in the same manner and shall follow the
22562201 same procedure as provided for bills, subject to any differences
22572202 otherwise authorized or directed by the rules.
22582203 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
22592204 action by the house is necessary on the report of a standing
22602205 committee. The bill, resolution, or proposition recommended or
22612206 reported by the committee shall automatically be before the house
22622207 for its consideration after the bill or resolution has been
22632208 referred to the appropriate calendars committee for placement on a
22642209 calendar and for proposal of an appropriate rule for house
22652210 consideration.
22662211 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
22672212 committee reports on bills or resolutions shall be immediately
22682213 referred to the committee coordinator. The chair of the committee
22692214 shall be responsible for delivery of the report to the committee
22702215 coordinator.
22712216 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
22722217 COMMITTEES. After printing, the chief clerk shall be responsible
22732218 for delivery of a certified copy of the committee report to the
22742219 appropriate calendars committee, which committee shall immediately
22752220 accept the bill or resolution for placement on a calendar and for
22762221 the proposal of an appropriate rule for house consideration.
22772222 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
22782223 shall provide notice to each member at the member's designated
22792224 Capitol e-mail address when a committee report under Section 38 of
22802225 this rule on a bill extending an agency, commission, or advisory
22812226 committee under the Texas Sunset Act has been printed or posted and
22822227 is available to be distributed to the appropriate calendars
22832228 committee.
22842229 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
22852230 power to amend, delete, or change in any way the nature, purpose, or
22862231 content of any bill or resolution referred to it, but may draft and
22872232 recommend amendments to it, which shall become effective only if
22882233 adopted by a majority vote of the house.
22892234 Sec. 40. SUBSTITUTES. The committee may adopt and report a
22902235 complete germane committee substitute containing the title,
22912236 enacting clause, and text of the bill in lieu of an original bill,
22922237 in which event the complete substitute bill on committee report
22932238 shall be laid before the house and shall be the matter then before
22942239 the house for its consideration, instead of the original bill. If
22952240 the substitute bill is defeated at any legislative stage, the bill
22962241 is considered not passed.
22972242 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
22982243 raised that a complete committee substitute is not germane, in
22992244 whole or in part, and the point of order is sustained, the committee
23002245 substitute shall be returned to the Committee on Calendars, which
23012246 may have the original bill printed and distributed and placed on a
23022247 calendar in lieu of the substitute or may return the original bill
23032248 to the committee from which it was reported for further action.
23042249 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
23052250 REPORT. Should the author or sponsor of the bill, resolution, or
23062251 other proposal not be satisfied with the final recommendation or
23072252 form of the committee report, the member shall have the privilege of
23082253 offering on the floor of the house such amendments or changes as he
23092254 or she considers necessary and desirable, and those amendments or
23102255 changes shall be given priority during the periods of time when
23112256 original amendments are in order under the provisions of Rule 11,
23122257 Section 7.
23132258 CHAPTER D. SUBCOMMITTEES
23142259 Sec. 43. JURISDICTION. Each committee is authorized to
23152260 conduct its activities and perform its work through the use of
23162261 subcommittees as shall be determined by the chair of the committee.
23172262 Subcommittees shall be created, organized, and operated in such a
23182263 way that the subject matter and work area of each subcommittee shall
23192264 be homogeneous and shall pertain to related governmental
23202265 activities. The size and jurisdiction of each subcommittee shall
23212266 be determined by the chair of the committee.
23222267 Sec. 44. MEMBERSHIP. The chair of each standing committee
23232268 shall appoint from the membership of the committee the members who
23242269 are to serve on each subcommittee. Any vacancy on a subcommittee
23252270 shall be filled by appointment of the chair of the standing
23262271 committee. The chair and vice-chair of each subcommittee shall be
23272272 named by the chair of the committee.
23282273 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
23292274 Procedure of the House of Representatives, to the extent
23302275 applicable, shall govern the hearings and operations of each
23312276 subcommittee. Subject to the foregoing, and to the extent
23322277 necessary for orderly transaction of business, each subcommittee
23332278 may promulgate and adopt additional rules and procedures by which
23342279 it will function.
23352280 Sec. 46. QUORUM. A majority of a subcommittee shall
23362281 constitute a quorum, and no action or recommendation of a
23372282 subcommittee shall be valid unless taken at a meeting with a quorum
23382283 actually present. All reports of a subcommittee must be approved by
23392284 record vote by a majority of the membership of the subcommittee.
23402285 Minutes of the subcommittee shall be maintained in a manner similar
23412286 to that required by the rules for standing committees. Proxies
23422287 cannot be used in subcommittees.
23432288 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
23442289 the area of its jurisdiction, shall have all of the power,
23452290 authority, and rights granted by the Rules of Procedure of the House
23462291 of Representatives to the standing committee, except subpoena
23472292 power, to the extent necessary to discharge the duties and
23482293 responsibilities of the subcommittee.
23492294 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
23502295 SUBCOMMITTEE. All bills and resolutions referred to a standing
23512296 committee shall be reviewed by the chair to determine appropriate
23522297 disposition of the bills and resolutions. All bills and
23532298 resolutions shall be considered by the entire standing committee
23542299 unless the chair of that standing committee determines to refer the
23552300 bills and resolutions to subcommittee. If a bill or resolution is
23562301 referred by the chair of the standing committee to a subcommittee,
23572302 it shall be considered by the subcommittee in the same form in which
23582303 the measure was referred to the standing committee, and any action
23592304 taken by the standing committee on a proposed amendment or
23602305 committee substitute before a measure is referred to subcommittee
23612306 is therefore voided at the time the measure is referred to
23622307 subcommittee. The subcommittee shall be charged with the duty and
23632308 responsibility of conducting the hearing, doing research, and
23642309 performing such other functions as the subcommittee or its parent
23652310 standing committee may determine. All meetings of the subcommittee
23662311 shall be scheduled by the subcommittee chair, with appropriate
23672312 public notice and notification of each member of the subcommittee
23682313 under the same rules of procedure as govern the conduct of the
23692314 standing committee.
23702315 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
23712316 deliberations on a bill, resolution, or other matter referred to
23722317 it, the subcommittee may prepare a written report, comprehensive
23732318 in nature, for submission to the full committee. The report shall
23742319 include background material as well as recommended action and shall
23752320 be accompanied by a complete draft of the bill, resolution, or other
23762321 proposal in such form as the subcommittee shall determine.
23772322 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
23782323 reports shall be directed to the chair of the committee, who shall
23792324 schedule meetings of the standing committee from time to time as
23802325 necessary and appropriate for the reception of subcommittee reports
23812326 and for action on reports by the standing committee. No
23822327 subcommittee report shall be scheduled for action by the standing
23832328 committee until at least 24 hours after a copy of the subcommittee
23842329 report is provided to each member of the standing committee.
23852330 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
23862331 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
23872332 HOUSE. The house may resolve itself into a committee of the whole
23882333 house to consider any matter referred to it by the house. In
23892334 forming a committee of the whole house, the speaker shall vacate the
23902335 chair and shall appoint a chair to preside in committee.
23912336 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
23922337 the proceedings of the house and those governing committees shall
23932338 be observed in committees of the whole, to the extent that they are
23942339 applicable.
23952340 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
23962341 WHOLE. (a) It shall be in order to move a call of the committee of
23972342 the whole at any time to secure and maintain a quorum for the
23982343 following purposes:
23992344 (1) for the consideration of a certain or specific
24002345 matter; or
24012346 (2) for a definite period of time; or
24022347 (3) for the consideration of any designated class of
24032348 bills.
24042349 (b) When a call of the committee of the whole is moved and
24052350 seconded by 10 members, of whom the chair may be one, and is ordered
24062351 by majority vote, the main entrance of the hall and all other doors
24072352 leading out of the hall shall be locked, and no member shall be
24082353 permitted to leave the hall without written permission. Other
24092354 proceedings under a call of the committee shall be the same as under
24102355 a call of the house.
24112356 Sec. 54. HANDLING OF A BILL. A bill committed to a
24122357 committee of the whole house shall be handled in the same manner as
24132358 in any other committee. The body of the bill shall not be defaced or
24142359 interlined, but all amendments shall be duly endorsed by the chief
24152360 clerk as they are adopted by the committee, and so reported to the
24162361 house. When a bill is reported by the committee of the whole house
24172362 it shall be referred immediately to the appropriate calendars
24182363 committee for placement on the appropriate calendar and shall
24192364 follow the same procedure as any other bill on committee report.
24202365 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
24212366 event that the committee of the whole, at any sitting, fails to
24222367 complete its work on any bill or resolution under consideration for
24232368 lack of time, or desires to take any action on that measure that is
24242369 permitted under the rules for other committees, it may, on a motion
24252370 made and adopted by majority vote, rise, report progress, and ask
24262371 leave of the house to sit again generally, or at a time certain.
24272372 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
24282373 committees made during a session shall be filed with the chief clerk
24292374 and printed in the journal, unless otherwise determined by the
24302375 house.
24312376 CHAPTER F. INTERIM STUDY COMMITTEES
24322377 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
24332378 the speaker may create interim study committees to conduct studies
24342379 by issuing a proclamation for each committee, which shall specify
24352380 the issue to be studied, committee membership, and any additional
24362381 authority and duties. A copy of each proclamation creating an
24372382 interim study committee shall be filed with the chief clerk. An
24382383 interim study committee expires on release of its final report or
24392384 when the next legislature convenes, whichever is earlier. An
24402385 interim study committee may not be created by resolution.
24412386 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
24422387 appoint all members of an interim study committee, which may
24432388 include public citizens and officials of state and local
24442389 governments. The speaker shall also designate the chair and
24452390 vice-chair and may authorize the chair to create subcommittees and
24462391 appoint citizen advisory committees.
24472392 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
24482393 the proceedings of the house and those governing standing
24492394 committees shall be observed by an interim study committee, to the
24502395 extent that they are applicable. An interim study committee shall
24512396 have the power to issue process and to request assistance of state
24522397 agencies as provided for a standing committee in Sections 21, 22,
24532398 and 23 of this rule.
24542399 Sec. 60. FUNDING AND STAFF. An interim study committee
24552400 shall use existing staff resources of its members, standing
24562401 committees, house offices, and legislative service agencies. The
24572402 chair of an interim study committee shall prepare a detailed budget
24582403 for approval by the speaker and the Committee on House
24592404 Administration. An interim study committee may accept gifts,
24602405 grants, and donations for the purpose of funding its activities as
24612406 provided by Sections 301.032(b) and (c), Government Code.
24622407 Sec. 61. STUDY REPORTS. (a) The final report or
24632408 recommendations of an interim study committee shall be approved by
24642409 a majority of the committee membership. Dissenting members may
24652410 attach statements to the final report.
24662411 (b) An interim study committee shall submit the committee's
24672412 final report to the committee coordinator in the manner prescribed
24682413 by the committee coordinator. The committee coordinator shall:
24692414 (1) distribute copies of the final report to the
24702415 speaker, the Legislative Reference Library, and other appropriate
24712416 agencies; and
24722417 (2) make a copy of the final report available on the
24732418 house's Internet website.
24742419 (c) This section shall also apply to interim study reports
24752420 of standing committees.
24762421 Sec. 62. JOINT HOUSE AND SENATE INTERIM
24772422 STUDIES. Procedures may be established by a concurrent resolution
24782423 adopted by both houses, by which the speaker may authorize and
24792424 appoint, jointly with the senate, committees to conduct interim
24802425 studies. A copy of the authorization for and the appointments to a
24812426 joint interim study committee shall be filed with the chief clerk.
24822427 Individual joint interim study committees may not be authorized or
24832428 created by resolution.
24842429 RULE 5. FLOOR PROCEDURE
24852430 CHAPTER A. QUORUM AND ATTENDANCE
24862431 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
24872432 quorum to do business.
24882433 Sec. 2. ROLL CALLS. On every roll call or registration,
24892434 the names of the members shall be called or listed, as the case may
24902435 be, alphabetically by surname, except when two or more have the same
24912436 surname, in which case the initials of the members shall be added.
24922437 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
24932438 from the sessions of the house without leave, and no member shall be
24942439 excused on his or her own motion.
24952440 (b) A leave of absence may be granted by a majority vote of
24962441 the house and may be revoked at any time by a similar vote.
24972442 (c) Any member granted a leave of absence due to a meeting of
24982443 a committee or conference committee that has authority to meet
24992444 while the house is in session shall be so designated on each roll
25002445 call or registration for which that member is excused.
25012446 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
25022447 present and fails or refuses to record on a roll call after being
25032448 requested to do so by the speaker shall be recorded as present by
25042449 the speaker and shall be counted for the purpose of making a quorum.
25052450 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
25062451 order of "No Quorum" shall not be accepted by the chair if the last
25072452 roll call showed the presence of a quorum, provided the last roll
25082453 call was taken within two hours of the time the point of order is
25092454 raised.
25102455 (b) If the last roll call was taken more than two hours
25112456 before the point of order is raised, it shall be in order for the
25122457 member who raised the point of order to request a roll call. Such a
25132458 request must be seconded by 25 members. If the request for a roll
25142459 call is properly seconded, the chair shall order a roll call.
25152460 (c) Once a point of order has been made that a quorum is not
25162461 present, it may not be withdrawn after the absence of a quorum has
25172462 been ascertained and announced.
25182463 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
25192464 registration or record vote reveals that a quorum is not present,
25202465 only a motion to adjourn or a motion for a call of the house and the
25212466 motions incidental thereto shall be in order.
25222467 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
25232468 to move a call of the house at any time to secure and maintain a
25242469 quorum for one of the following purposes:
25252470 (1) for the consideration of a specific bill,
25262471 resolution, motion, or other measure;
25272472 (2) for the consideration of any designated class of
25282473 bills; or
25292474 (3) for a definite period of time.
25302475 Motions for, and incidental to, a call of the house are not
25312476 debatable.
25322477 Sec. 8. SECURING A QUORUM. When a call of the house is moved
25332478 for one of the above purposes and seconded by 15 members (of whom
25342479 the speaker may be one) and ordered by a majority vote, the main
25352480 entrance to the hall and all other doors leading out of the hall
25362481 shall be locked and no member permitted to leave the house without
25372482 the written permission of the speaker. The names of members present
25382483 shall be recorded. All absentees for whom no sufficient excuse is
25392484 made may, by order of a majority of those present, be sent for and
25402485 arrested, wherever they may be found, by the sergeant-at-arms or an
25412486 officer appointed by the sergeant-at-arms for that purpose, and
25422487 their attendance shall be secured and retained. The house shall
25432488 determine on what conditions they shall be discharged. Members who
25442489 voluntarily appear shall, unless the house otherwise directs, be
25452490 immediately admitted to the hall of the house and shall report their
25462491 names to the clerk to be entered in the journal as present.
25472492 Until a quorum appears, should the roll call fail to show one
25482493 present, no business shall be transacted, except to compel the
25492494 attendance of absent members or to adjourn. It shall not be in
25502495 order to recess under a call of the house.
25512496 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
25522497 shown to be present, the house may proceed with the matters on which
25532498 the call was ordered, or may enforce the call and await the
25542499 attendance of as many of the absentees as it desires. When the
25552500 house proceeds to the business on which the call was ordered, it
25562501 may, by a majority vote, direct the sergeant-at-arms to cease
25572502 bringing in absent members.
25582503 Sec. 10. REPEATING A RECORD VOTE. When a record vote
25592504 reveals the lack of a quorum, and a call is ordered to secure one, a
25602505 record vote shall again be taken when the house resumes business
25612506 with a quorum present.
25622507 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
25632508 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
25642509 persons shall be entitled to the privileges of the floor of the
25652510 house when the house is in session: members of the house; employees
25662511 of the house when performing their official duties as determined by
25672512 the Committee on House Administration; members of the senate;
25682513 employees of the senate when performing their official duties; the
25692514 Governor of Texas and the governor's chief of staff and director of
25702515 legislative affairs [executive and administrative assistant]; the
25712516 lieutenant governor; the secretary of state; duly accredited media
25722517 representatives as permitted by Section 20 of this rule;
25732518 contestants in election cases pending before the house; and
25742519 immediate families of the members of the legislature on such
25752520 special occasions as may be determined by the Committee on House
25762521 Administration.
25772522 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
25782523 persons shall be admitted to the area on the floor of the house
25792524 enclosed by the railing when the house is in session: members of the
25802525 house; members of the senate; the governor; the lieutenant
25812526 governor; officers and employees of the senate and house when those
25822527 officers and employees are actually engaged in performing their
25832528 official duties as determined by the Committee on House
25842529 Administration; spouses of members of the house on such occasions
25852530 as may be determined by the Committee on House Administration; and,
25862531 within the area specifically designated for media representatives,
25872532 duly accredited media representatives as permitted by Section 20
25882533 of this rule.
25892534 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
25902535 and collectors shall not be admitted to the floor of the house while
25912536 the house is in session.
25922537 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
25932538 invite a person to address the house while it is in session shall be
25942539 in order only if the person invited is entitled to the privileges of
25952540 the floor as defined by Section 11 of this rule and if no business is
25962541 pending before the house.
25972542 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
25982543 a member of the legislature, who is lobbying or working for or
25992544 against any pending or prospective legislative measure shall be
26002545 permitted on the floor of the house or in the adjacent rooms while
26012546 the house is in session.
26022547 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
26032548 admitted to the floor of the house under the rules, except the
26042549 governor or a member of the legislature, lobbies or works for or
26052550 against any pending or prospective legislation or violates any of
26062551 the other rules of the house, the privileges extended to that person
26072552 under the rules shall be suspended by a majority vote of the
26082553 Committee on House Administration. The action of the committee
26092554 shall be reviewable by the house only if two members of the
26102555 committee request an appeal from the decision of the committee. The
26112556 request shall be in the form of a minority report and shall be
26122557 subject to the same rules that are applicable to minority reports on
26132558 bills. Suspension shall remain in force until the accused person
26142559 purges himself or herself and comes within the rules, or until the
26152560 house, by majority vote, reverses the action of the committee.
26162561 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
26172562 persons shall be admitted to the members lounge at any
26182563 time: members of the house; members of the senate; and former
26192564 members of the house and senate who are not engaged in any form of
26202565 employment requiring them to lobby or work for or against any
26212566 pending or prospective legislative measures.
26222567 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
26232568 shall be the duty of the Committee on House Administration to
26242569 determine what duties are to be discharged by officers and
26252570 employees of the house on the floor of the house, specifically in
26262571 the area enclosed by the railing, when the house is in session. It
26272572 shall be the duty of the speaker to see that the officers and
26282573 employees do not violate the regulations promulgated by the
26292574 Committee on House Administration.
26302575 Sec. 19. PROPER DECORUM. No person shall be admitted to,
26312576 or allowed to remain in, the house chamber while the house is in
26322577 session unless properly attired, and all gentlemen shall wear a
26332578 coat and tie. Food or beverage shall not be permitted in the house
26342579 chamber at any time, and no person carrying food or beverage shall
26352580 be admitted to the chamber, whether the house is in session or in
26362581 recess. Reading newspapers shall not be permitted in the house
26372582 chamber while the house is in session. Smoking is not permitted in
26382583 the member's lounge or bathrooms. The Committee on House
26392584 Administration shall designate an area for smoking that is easily
26402585 accessible to the house chamber.
26412586 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
26422587 is in session, no media representative shall be admitted to the
26432588 floor of the house or allowed its privileges unless the person is:
26442589 (1) employed by a print, broadcast, or Internet news
26452590 organization, or by a wire service serving those organizations:
26462591 (A) whose principal business is the periodic
26472592 dissemination of original news and opinion of interest to a broad
26482593 segment of the public;
26492594 (B) which has published or operated continuously
26502595 for 18 months; and
26512596 (C) whose publications or operations are
26522597 editorially independent of any institution, foundation, or
26532598 interest group that lobbies the government or that is not
26542599 principally a general news organization; and
26552600 (2) not engaged in any lobbying or paid advocacy,
26562601 advertising, publicity, or promotion work for any individual,
26572602 political party, corporation, organization, or government agency.
26582603 (b) Any media representative seeking admission to the floor
26592604 of the house under the provisions of this section must submit to the
26602605 Committee on House Administration:
26612606 (1) a notarized application in a form determined by
26622607 the committee; and
26632608 (2) a letter from the media representative's employer
26642609 certifying that:
26652610 (A) the media representative is engaged
26662611 primarily in reporting the sessions of the legislature; and
26672612 (B) no part of the media representative's salary
26682613 for legislative coverage is paid from a source other than the news
26692614 organization that employs the media representative.
26702615 (c) Regularly accredited media representatives who have
26712616 duly qualified under the provisions of this section may, when
26722617 requested to do so, make recommendations through their professional
26732618 committees to the Committee on House Administration as to the
26742619 sufficiency or insufficiency of the credentials of any person
26752620 seeking admission to the floor of the house under this section.
26762621 (d) If the Committee on House Administration determines
26772622 that a person's media credentials meet the requirements of this
26782623 section, the committee shall issue a pass card to the person. The
26792624 committee may impose a fee to cover the costs of issuing a pass
26802625 card. This pass card must be presented to the doorkeeper each time
26812626 the person seeks admission to the floor of the house while the house
26822627 is in session. Pass cards issued under this section shall not be
26832628 transferable. The failure of a media representative to maintain the
26842629 requirements of this section may result in the revocation of the
26852630 pass card. Persons admitted to the floor of the house pursuant to
26862631 the provisions of this section shall work in appropriate convenient
26872632 seats or work stations in the house, which shall be designated for
26882633 that purpose by the Committee on House Administration.
26892634 (e) Members of the house shall not engage in interviews and
26902635 press conferences on the house floor while the house is in session.
26912636 The Committee on House Administration is authorized to enforce this
26922637 provision and to prescribe such other regulations as may be
26932638 necessary and desirable to achieve these purposes.
26942639 (f) Permission to make live or recorded television, radio,
26952640 or Internet broadcasts in or from the house chamber while the house
26962641 is in session may be granted only by the Committee on House
26972642 Administration. The committee shall promulgate regulations
26982643 governing television, radio, or Internet broadcasts, and such
26992644 regulations shall be printed as an addendum to the rules of the
27002645 house. When broadcasts from the floor of the house are recommended
27012646 by the Committee on House Administration, the recommendation shall
27022647 identify those persons in the technical crews to whom pass cards to
27032648 the floor of the house and galleries are to be issued. Passes
27042649 granted under this authority shall be subject to revocation on the
27052650 recommendation of the Committee on House Administration. Each
27062651 committee of the house shall have authority to determine whether or
27072652 not to permit television, radio, or Internet broadcasts of any of
27082653 its proceedings.
27092654 (g) A member of the house who believes a media
27102655 representative granted privileges under this section does not meet
27112656 the requirements of this section or has abused the privileges may
27122657 submit a written complaint to the Committee on House
27132658 Administration. The committee shall investigate the complaint and
27142659 may temporarily suspend the media representative's privileges
27152660 pending the investigation. The committee shall notify the subject
27162661 of the complaint of the time and place of a hearing on the
27172662 complaint. Following the hearing, the media representative's
27182663 privileges granted under this section are revoked if the committee
27192664 determines that the allegations contained in the complaint are
27202665 valid.
27212666 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
27222667 HOUSE CHAMBER. When the house is not in session, the floor of the
27232668 house shall remain open on days and hours determined by the
27242669 Committee on House Administration. By resolution, the house may
27252670 open the floor of the house during its sessions for the inauguration
27262671 of the governor and lieutenant governor and for such other public
27272672 ceremonies as may be deemed warranted.
27282673 CHAPTER C. SPEAKING AND DEBATE
27292674 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
27302675 speak or deliver any matter to the house, the member shall rise and
27312676 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
27322677 on being recognized, may address the house from the microphone at
27332678 the reading clerk's desk, and shall confine all remarks to the
27342679 question under debate, avoiding personalities.
27352680 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
27362681 members rise at once, the speaker shall name the one who is to speak
27372682 first. This decision shall be final and not open to debate or
27382683 appeal.
27392684 Sec. 24. RECOGNITION. (a) Except as otherwise provided
27402685 by this section, there shall be no appeal from the speaker's
27412686 recognition, but the speaker shall be governed by rules and usage in
27422687 priority of entertaining motions from the floor. When a member
27432688 seeks recognition, the speaker may ask, "For what purpose does the
27442689 member rise?" or "For what purpose does the member seek
27452690 recognition?" and may then decide if recognition is to be granted,
27462691 except that the speaker shall recognize a member who seeks
27472692 recognition on a question of privilege.
27482693 (b) If the speaker denies recognition of a member who seeks
27492694 recognition on a question of privilege, other than a question of
27502695 privilege relating to the right of the house to remove the speaker
27512696 and elect a new speaker, the decision of recognition may be appealed
27522697 using the procedures provided in Rule 1, Section 9.
27532698 (c) If the speaker denies recognition of a member who seeks
27542699 recognition on a question of privilege relating to the right of the
27552700 house to remove the speaker and elect a new speaker, the member may
27562701 appeal the speaker's denial of recognition if the member submits to
27572702 the speaker a written request, signed by at least 76 members of the
27582703 house, to appeal the decision of recognition. Upon receiving a
27592704 request for appeal in accordance with this subsection, the speaker
27602705 shall announce the request to the house. The names of the members
27612706 who signed the request and the time that the announcement was made
27622707 shall be entered in the journal. The appeal of a decision of
27632708 recognition under this subsection is eligible for consideration 24
27642709 hours after the request for appeal has been announced in accordance
27652710 with this subsection. The appeal and consideration of the question
27662711 of privilege, if the appeal is successful, takes precedence over
27672712 all other questions except motions to adjourn.
27682713 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
27692714 member who has the floor shall not be interrupted by another member
27702715 for any purpose, unless he or she consents to yield to the other
27712716 member. A member desiring to interrupt another in debate should
27722717 first address the speaker for the permission of the member
27732718 speaking. The speaker shall then ask the member who has the floor
27742719 if he or she wishes to yield, and then announce the decision of that
27752720 member. The member who has the floor may exercise personal
27762721 discretion as to whether or not to yield, and it is entirely within
27772722 the member's discretion to determine who shall interrupt and when.
27782723 Sec. 26. YIELDING THE FLOOR. A member who obtains the
27792724 floor on recognition of the speaker may not be taken off the floor
27802725 by a motion, even the highly privileged motion to adjourn, but if
27812726 the member yields to another to make a motion or to offer an
27822727 amendment, he or she thereby loses the floor.
27832728 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
27842729 proposition, or the member reporting any measure from a committee,
27852730 or, in the absence of either of them, any other member designated by
27862731 such absentee, shall have the right to open and close the debate,
27872732 and for this purpose may speak each time not more than 20 minutes.
27882733 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
27892734 limited to 10 minutes in duration, except as provided in Section 27
27902735 of this rule, and the speaker shall call the members to order at the
27912736 expiration of their time. If the house by a majority vote extends
27922737 the time of any member, the extension shall be for 10 minutes only.
27932738 A second extension of time shall be granted only by unanimous
27942739 consent. During the last 10 calendar days of the regular session,
27952740 and the last 5 calendar days of a special session, Sundays excepted,
27962741 all speeches shall be limited to 10 minutes and shall not be
27972742 extended. The time limits established by this rule shall include
27982743 time consumed in yielding to questions from the floor.
27992744 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
28002745 speak more than twice on the same question without leave of the
28012746 house, nor more than once until every member choosing to speak has
28022747 spoken, nor shall any member be permitted to consume the time of
28032748 another member without leave of the house being given by a majority
28042749 vote.
28052750 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
28062751 pending question is not disposed of because of an adjournment of the
28072752 house, a member who has spoken twice on the subject shall not be
28082753 allowed to speak again without leave of the house.
28092754 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
28102755 a paper is called for, and objection is made, the matter shall be
28112756 determined by a majority vote of the house, without debate.
28122757 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
28132758 person shall pass between the front and back microphones during
28142759 debate or when a member has the floor and is addressing the house.
28152760 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
28162761 member, in speaking or otherwise, transgresses the rules of the
28172762 house, the speaker shall, or any member may, call the member to
28182763 order, in which case the member so called to order shall immediately
28192764 be seated; however, that member may move for an appeal to the house,
28202765 and if appeal is duly seconded by 10 members, the matter shall be
28212766 submitted to the house for decision by majority vote. In such
28222767 cases, the speaker shall not be required to relinquish the chair, as
28232768 is required in cases of appeals from the speaker's decisions. The
28242769 house shall, if appealed to, decide the matter without debate. If
28252770 the decision is in favor of the member called to order, the member
28262771 shall be at liberty to proceed; but if the decision is against the
28272772 member, he or she shall not be allowed to proceed, and, if the case
28282773 requires it, shall be liable to the censure of the house, or such
28292774 other punishment as the house may consider proper.
28302775 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
28312776 All proceedings of the house of representatives shall be
28322777 electronically recorded under the direction of the Committee on
28332778 House Administration. Copies of the proceedings may be released
28342779 under guidelines promulgated by the Committee on House
28352780 Administration.
28362781 (b) Archived video broadcasts of proceedings in the house
28372782 chamber that are available through the house's Internet or intranet
28382783 website may, under the direction of the Committee on House
28392784 Administration, include a link to the point in time in the video
28402785 where each measure under consideration by the house is laid out.
28412786 Such a link shall be provided as soon as the committee determines is
28422787 practical.
28432788 CHAPTER D. QUESTIONS OF PRIVILEGE
28442789 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
28452790 privilege shall be:
28462791 (1) those affecting the rights of the house
28472792 collectively, its safety and dignity, and the integrity of its
28482793 proceedings, including the right of the house to remove the speaker
28492794 and elect a new speaker; and
28502795 (2) those affecting the rights, reputation, and
28512796 conduct of members individually in their representative capacity
28522797 only.
28532798 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
28542799 of privilege shall have precedence over all other questions except
28552800 motions to adjourn. When in order, a member may address the house
28562801 on a question of privilege, or may at any time print it in the
28572802 journal, provided it contains no reflection on any member of the
28582803 house.
28592804 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
28602805 shall not be in order for a member to address the house on a question
28612806 of privilege:
28622807 (1) between the time an undebatable motion is offered
28632808 and the vote is taken on the motion;
28642809 (2) between the time the previous question is ordered
28652810 and the vote is taken on the last proposition included under the
28662811 previous question; or
28672812 (3) between the time a motion to table is offered and
28682813 the vote is taken on the motion.
28692814 (b) If a question of privilege relating to removal of the
28702815 speaker and election of a new speaker fails, a subsequent attempt to
28712816 remove the same speaker can be made only by reconsidering the vote
28722817 by which the original question of privilege failed. Such
28732818 reconsideration shall be subject to the rules of the house
28742819 governing reconsideration.
28752820 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
28762821 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
28772822 members must confine their remarks within the limits of Section 35
28782823 of this rule, which will be strictly construed to achieve the
28792824 purposes hereof.
28802825 (b) When a member is speaking on privilege, the member shall
28812826 not be interrupted by another member for any purpose. While the
28822827 member is speaking, another member may submit a question of order to
28832828 the speaker in writing or by approaching the podium in person. The
28842829 member submitting the question of order shall not interrupt the
28852830 member who is speaking. The speaker may interrupt the member who is
28862831 speaking if the speaker determines it is appropriate to address the
28872832 question of order at that time.
28882833 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
28892834 of a main or subsidiary motion shall not be discussed or debated
28902835 under the guise of speaking to a question of privilege.
28912836 CHAPTER E. VOTING
28922837 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
28932838 votes, except viva voce votes, members shall record their votes on
28942839 the voting machine and shall not be recognized by the chair to cast
28952840 their votes from the floor. If a member attempts to vote from the
28962841 floor, the speaker shall sustain a point of order directed against
28972842 the member's so doing. This rule shall not be applicable to the
28982843 mover or the principal opponent of the proposition being voted on
28992844 nor to a member whose voting machine is out of order. If a member
29002845 demands strict enforcement of this section, Section 47 shall not
29012846 apply to the taking of a vote, and the house may discipline a member
29022847 in violation of this rule pursuant to its inherent authority.
29032848 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
29042849 registration or vote taken on the voting machine of the house shall
29052850 in all instances be considered the equivalent of a roll call or yea
29062851 and nay vote, which might be had for the same purpose.
29072852 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
29082853 member who has a personal or private interest in any measure or bill
29092854 proposed or pending before the house shall disclose the fact and not
29102855 vote thereon.
29112856 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
29122857 house, a quorum being present, the question shall be divided, if it
29132858 includes propositions so distinct in substance that, one being
29142859 taken away, a substantive proposition remains. A motion for a
29152860 division vote cannot be made after the previous question has been
29162861 ordered, after a motion to table has been offered, after the
29172862 question has been put, nor after the yeas and nays have been
29182863 ordered. Under this subsection, the speaker may divide the
29192864 question into groups of propositions that are closely related.
29202865 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
29212866 present and fails or refuses to vote after being requested to do so
29222867 by the speaker shall be recorded as present but not voting, and
29232868 shall be counted for the purpose of making a quorum.
29242869 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
29252870 member must be on the floor of the house or in an adjacent room or
29262871 hallway on the same level as the house floor, in order to vote.
29272872 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
29282873 each calendar day in which the house is in session, it shall be the
29292874 duty of the journal clerk to lock the voting machine of each member
29302875 who is excused or who is otherwise known to be absent. Each such
29312876 machine shall remain locked until the member in person contacts the
29322877 journal clerk and personally requests the unlocking of the machine.
29332878 Unless otherwise directed by the speaker, the journal clerk shall
29342879 not unlock any machine except at the personal request of the member
29352880 to whom the machine is assigned. Any violation, or any attempt by a
29362881 member or employee to circumvent the letter or spirit of this
29372882 section, shall be reported immediately to the speaker for such
29382883 disciplinary action by the speaker, or by the house, as may be
29392884 warranted under the circumstances.
29402885 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
29412886 guilty by the house of knowingly voting for another member on the
29422887 voting machine without that other member's permission shall be
29432888 subject to discipline deemed appropriate by the house.
29442889 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
29452890 begun, it may not be interrupted for any reason. While a yea and nay
29462891 vote is being taken, or the vote is being counted, no member shall
29472892 visit the reading clerk's desk or the voting clerk's desk.
29482893 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
29492894 allowed to interrupt the vote or to make any explanation of a vote
29502895 that the member is about to give after the voting machine has been
29512896 opened, but may record in the journal the reasons for giving such a
29522897 vote.
29532898 (b) A "Reason for Vote" must be in writing and filed with the
29542899 journal clerk. If timely received, the "Reason for Vote" shall be
29552900 printed immediately following the results of the vote in the
29562901 journal. Otherwise, "Reasons for Vote" shall be printed in a
29572902 separate section at the end of the journal for the day on which the
29582903 reasons were recorded with the journal clerk. Such "Reason for
29592904 Vote" shall not deal in personalities or contain any personal
29602905 reflection on any member of the legislature, the speaker, the
29612906 lieutenant governor, or the governor, and shall not in any other
29622907 manner transgress the rules of the house relating to decorum and
29632908 debate.
29642909 (c) A member absent when a vote was taken may file with the
29652910 journal clerk while the house is in session a statement of how the
29662911 member would have voted if present. If timely received, the
29672912 statement shall be printed immediately following the results of the
29682913 vote in the journal. Otherwise, statements shall be printed in a
29692914 separate section at the end of the journal for the day on which the
29702915 statements were recorded with the journal clerk.
29712916 Sec. 50. PAIRS. (a) All pairs must be announced before the
29722917 vote is declared by the speaker, and a written statement sent to the
29732918 journal clerk. The statement must be signed by the absent member to
29742919 the pair, or the member's signature must have been authorized in
29752920 writing or by telephone, and satisfactory evidence presented to the
29762921 speaker if deemed necessary. If authorized in writing, the writing
29772922 shall be delivered to the chief clerk by personal delivery or by
29782923 commercially acceptable means of delivery, including electronic
29792924 transmission by PDF or similar secure format that is capable of
29802925 transmitting an accurate image of the member's signature. If
29812926 authorized by telephone, the call must be to and confirmed by the
29822927 chief clerk in advance of the vote to which it applies. Pairs shall
29832928 be entered in the journal, and the member present shall be counted
29842929 to make a quorum.
29852930 (b) The speaker may not refuse to recognize a pair that
29862931 complies with the requirements of Subsection (a), if both members
29872932 consent to the pair.
29882933 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
29892934 desire of any member present, the yeas and nays of the members of
29902935 the house on any question shall be taken and entered in the journal.
29912936 No member or members shall be allowed to call for a yea and nay vote
29922937 after a vote has been declared by the speaker.
29932938 (b) A motion to expunge a yea and nay vote from the journal
29942939 shall not be in order.
29952940 (c) The yeas and nays of the members of the house on final
29962941 passage of any bill, [and on] any joint resolution proposing or
29972942 ratifying a constitutional amendment, and any other resolution,
29982943 other than a resolution of a purely ceremonial or honorary nature,
29992944 shall be taken and entered in the journal. For purposes of this
30002945 subsection, a vote on final passage includes [means] a vote on:
30012946 (1) third reading;
30022947 (2) second reading if the house suspends or otherwise
30032948 dispenses with the requirement for three readings;
30042949 (3) whether to concur in the senate's amendments; or
30052950 (4) whether to adopt a conference committee report.
30062951 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
30072952 Committee on House Administration shall ensure that:
30082953 (1) the recorded yeas and nays are available to the
30092954 public on the Internet and on any televised broadcast of the house
30102955 proceedings produced by or under the direction of the house; and
30112956 (2) members of the public may view the yeas and nays in
30122957 real time to the extent possible on the Internet and on any
30132958 televised broadcast of the house proceedings produced by or under
30142959 the direction of the house.
30152960 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
30162961 any question where a record of the yeas and nays has not been
30172962 ordered, members may have their votes recorded in the journal as
30182963 "yea" or "nay" by filing such information with the journal clerk
30192964 before adjournment or recess to another calendar day.
30202965 Sec. 53. CHANGING A VOTE. Before the result of a vote has
30212966 been finally and conclusively pronounced by the chair, but not
30222967 thereafter, a member may change his or her vote; however, if a
30232968 member's vote is erroneous, the member shall be allowed to change
30242969 that vote at a later time provided:
30252970 (1) the result of the record vote is not changed
30262971 thereby;
30272972 (2) the request is made known to the house by the chair
30282973 and permission for the change is granted by unanimous consent; and
30292974 (3) a notation is made in the journal that the member's
30302975 vote was changed.
30312976 Sec. 54. TIE VOTE. All matters on which a vote may be taken
30322977 by the house shall require for adoption a favorable affirmative
30332978 vote as required by these rules, and in the case of a tie vote, the
30342979 matter shall be considered lost.
30352980 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
30362981 result of a yea and nay vote is close, the speaker may on the request
30372982 of any member order a verification vote, or the speaker may order a
30382983 verification on his or her own initiative. During verification, no
30392984 member shall change a vote unless it was erroneously recorded, nor
30402985 may any member not having voted cast a vote; however, when the clerk
30412986 errs in reporting the yeas and nays, and correction thereof leaves
30422987 decisive effect to the speaker's vote, the speaker may exercise the
30432988 right to vote, even though the result has been announced. A
30442989 verification shall be called for immediately after the vote is
30452990 announced. The speaker shall not entertain a request for
30462991 verification after the house has proceeded to the next question, or
30472992 after a recess or an adjournment. A vote to recess or adjourn, like
30482993 any other proposition, may be verified. Only one vote verification
30492994 can be pending at a time. A verification may be dispensed with by a
30502995 two-thirds vote.
30512996 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
30522997 allow the verification of a registration (as differentiated from a
30532998 record vote) if in the speaker's opinion there is serious doubt as
30542999 to the presence of a quorum.
30553000 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
30563001 VERIFICATION. A motion for a call of the house, and all incidental
30573002 motions relating to it, shall be in order pending the verification
30583003 of a vote. These motions must be made before the roll call on
30593004 verification begins, and it shall not be in order to break into the
30603005 roll call to make them.
30613006 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
30623007 VOTE. If, by an error of the voting clerk or reading clerk in
30633008 reporting the yeas and nays from a registration or verification,
30643009 the speaker announces a result different from that shown by the
30653010 registration or verification, the status of the question shall be
30663011 determined by the vote as actually recorded. If the vote is
30673012 erroneously announced in such a way as to change the true result,
30683013 all subsequent proceedings in connection therewith shall fail, and
30693014 the journal shall be amended accordingly.
30703015 RULE 6. ORDER OF BUSINESS AND CALENDARS
30713016 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
30723017 convenes on a new legislative day, the daily order of business shall
30733018 be as follows:
30743019 (1) Call to order by speaker.
30753020 (2) Registration of members.
30763021 (3) Prayer by chaplain, unless the invocation has been
30773022 given previously on the particular calendar day.
30783023 (4) Pledge of allegiance to the United States flag.
30793024 (5) Pledge of allegiance to the Texas flag.
30803025 (6) Excuses for absence of members and officers.
30813026 (7) First reading and reference to committee of bills
30823027 filed with the chief clerk; and motions to introduce bills, when
30833028 such motions are required.
30843029 (8) Requests to print bills and other papers; requests
30853030 of committees for further time to consider papers referred to them;
30863031 and all other routine motions and business not otherwise provided
30873032 for, all of which shall be undebatable except that the mover and one
30883033 opponent of the motion shall be allowed three minutes each.
30893034 The mover of a routine motion shall be allowed his or her
30903035 choice of making the opening or the closing speech under this rule.
30913036 If the house, under a suspension of the rules, extends the time of a
30923037 member under this rule, such extensions shall be for three minutes.
30933038 Subsidiary motions that are applicable to routine motions shall be
30943039 in order, but the makers of such subsidiary motions shall not be
30953040 entitled to speak thereon in the routine motion period, nor shall
30963041 the authors of the original routine motions be allowed any
30973042 additional time because of subsidiary motions.
30983043 (9) Unfinished business.
30993044 (10) Third reading calendars of the house in their
31003045 order of priority in accordance with Section 7 of this rule, unless
31013046 a different order is determined under other provisions of these
31023047 rules.
31033048 (11) Postponed matters to be laid before the house in
31043049 accordance with Rule 7, Section 15.
31053050 (12) Second reading calendars of the house in their
31063051 order of priority in accordance with Section 7 of this rule, unless
31073052 a different order is determined under other provisions of these
31083053 rules.
31093054 (b) When the house reconvenes for the first time on a new
31103055 calendar day following a recess, the daily order of business shall
31113056 be:
31123057 (1) Call to order by the speaker.
31133058 (2) Registration of members.
31143059 (3) Prayer by the chaplain.
31153060 (4) Pledge of allegiance to the United States flag.
31163061 (5) Pledge of allegiance to the Texas flag.
31173062 (6) Excuses for absence of members and officers.
31183063 (7) Pending business.
31193064 (8) Calendars of the house in their order of priority
31203065 in accordance with Section 7 of this rule, unless a different order
31213066 is determined under other provisions of these rules.
31223067 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
31233068 other measure may on any day be made a special order for the same day
31243069 or for a future day of the session by an affirmative vote of
31253070 two-thirds of the members present. A motion to set a special order
31263071 shall be subject to the three-minute pro and con debate rule. When
31273072 once established as a special order, a bill, resolution, or other
31283073 measure shall be considered from day to day until disposed of; and
31293074 until it has been disposed of, no further special orders shall be
31303075 made.
31313076 A three-fourths vote of the members present shall be required
31323077 to suspend the portion of this rule which specifies that only one
31333078 special order may be made and pending at a time.
31343079 (b) After the first eight items under the daily order of
31353080 business for a legislative day have been passed, a special order
31363081 shall have precedence when the hour for its consideration has
31373082 arrived, except as provided in Section 9 of this rule.
31383083 (c) After the 115th day of a regular session, if a joint
31393084 resolution has appeared on a daily house calendar and is adopted,
31403085 and a bill that is enabling legislation for the joint resolution is
31413086 either on or eligible to be placed on a calendar, the author or
31423087 sponsor of the bill or another member may immediately be recognized
31433088 for a motion to set the bill that is the enabling legislation as a
31443089 special order pursuant to this section. For purposes of this
31453090 subsection, the bill must have been designated as the enabling
31463091 legislation for the joint resolution in writing filed with the
31473092 chief clerk not later than the date the committee report for the
31483093 enabling legislation is printed and distributed.
31493094 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
31503095 may be postponed to a day certain by a two-thirds vote of those
31513096 present, and when so postponed, shall be considered as disposed of
31523097 so far as its place as a special order is concerned.
31533098 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
31543099 resolution laid on the table subject to call may be made a special
31553100 order.
31563101 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
31573102 motion is pending to set a particular bill or resolution as a
31583103 special order, it shall not be in order to move as a substitute to
31593104 set another bill or resolution as a special order. It shall be in
31603105 order, however, to substitute, by majority vote, a different time
31613106 for the special order consideration than that given in the original
31623107 motion.
31633108 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
31643109 If a member moves to set a bill or joint resolution as a special
31653110 order, or moves to suspend the rules to take up a bill or joint
31663111 resolution out of its regular order, and the motion prevails, the
31673112 member shall not have the right to make either of these motions
31683113 again until every other member has had an opportunity, via either of
31693114 these motions, to have some bill or joint resolution considered out
31703115 of its regular order during that session of the legislature. A
31713116 member shall not lose the suspension privilege if the motion to
31723117 suspend or set for special order does not prevail.
31733118 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
31743119 the house shall be controlled by a system of calendars, consisting
31753120 of the following:
31763121 (1) EMERGENCY CALENDAR, on which shall appear bills
31773122 considered to be of such pressing and imperative import as to demand
31783123 immediate action, bills to raise revenue and levy taxes, and the
31793124 general appropriations bill. A bill submitted as an emergency
31803125 matter by the governor may also be placed on this calendar.
31813126 (2) MAJOR STATE CALENDAR, on which shall appear bills
31823127 of statewide effect, not emergency in nature, which establish or
31833128 change state policy in a major field of governmental activity and
31843129 which will have a major impact in application throughout the state
31853130 without regard to class, area, or other limiting factors.
31863131 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
31873132 shall appear joint resolutions proposing amendments to the Texas
31883133 Constitution, joint resolutions proposing the ratification of
31893134 amendments to the Constitution of the United States, and joint
31903135 resolutions applying to Congress for a convention to amend the
31913136 Constitution of the United States.
31923137 (4) GENERAL STATE CALENDAR, on which shall appear
31933138 bills of statewide effect, not emergency in nature, which establish
31943139 or change state law and which have application to all areas but are
31953140 limited in legal effect by classification or other factors which
31963141 minimize the impact to something less than major state policy, and
31973142 bills, not emergency in nature, which are not on the local, consent,
31983143 and resolutions calendar.
31993144 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
32003145 shall appear bills, house resolutions, and concurrent resolutions,
32013146 not emergency in nature, regardless of extent and scope, on which
32023147 there is such general agreement as to render improbable any
32033148 opposition to the consideration and passage thereof, and which have
32043149 been recommended by the appropriate standing committee for
32053150 placement on the local, consent, and resolutions calendar by the
32063151 Committee on Local and Consent Calendars.
32073152 (6) RESOLUTIONS CALENDAR, on which shall appear house
32083153 resolutions and concurrent resolutions, not emergency in nature and
32093154 not privileged.
32103155 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
32113156 on which shall appear congratulatory and memorial resolutions whose
32123157 sole intent is to congratulate, memorialize, or otherwise express
32133158 concern or commendation. The Committee on [Rules and] Resolutions
32143159 Calendars may provide separate categories for congratulatory and
32153160 memorial resolutions.
32163161 (b) A calendars committee shall strictly construe and the
32173162 speaker shall strictly enforce this system of calendars.
32183163 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
32193164 resolutions pending in the house shall follow the same procedure
32203165 with regard to calendars as house bills and resolutions, but
32213166 separate calendars shall be maintained for senate bills and
32223167 resolutions, and consideration of them on senate bill days shall
32233168 have priority in the manner and order specified in this rule.
32243169 (b) No other business shall be considered on days devoted to
32253170 the consideration of senate bills when there remain any bills on any
32263171 of the senate calendars, except with the consent of the senate. When
32273172 all senate calendars are clear, the house may proceed to
32283173 consideration of house calendars on senate bill days.
32293174 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
32303175 on calendar Thursday of each week, only senate bills and senate
32313176 resolutions shall be taken up and considered, until disposed of.
32323177 Senate bills and senate resolutions shall be considered in the
32333178 order prescribed in Section 7 of this rule on separate senate
32343179 calendars prepared by the Committee on Calendars. In case a senate
32353180 bill or senate resolution is pending at adjournment on calendar
32363181 Thursday, it shall go over to the succeeding calendar Wednesday as
32373182 unfinished business.
32383183 (b) Precedence given in Rule 8 to certain classes of bills
32393184 during the first 60 calendar days of a regular session shall also
32403185 apply to senate bills on senate bill days.
32413186 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
32423187 SUBJECT. When any house bill is reached on the calendar or is
32433188 before the house for consideration, it shall be the duty of the
32443189 speaker to give the place on the calendar of the house bill to any
32453190 senate bill containing the same subject that has been referred to
32463191 and reported from a committee of the house and to lay the senate
32473192 bill before the house, to be considered in lieu of the house bill.
32483193 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
32493194 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
32503195 the chair of the Committee on [Rules and] Resolutions Calendars
32513196 shall move to designate periods for the consideration of
32523197 congratulatory and memorial calendars. Each such motion shall
32533198 require a two-thirds vote for its adoption. In each instance, the
32543199 Committee on [Rules and] Resolutions Calendars shall prepare and
32553200 post on the electronic legislative information system a calendar at
32563201 least 24 hours in advance of the hour set for consideration. No
32573202 memorial or congratulatory resolution will be heard by the full
32583203 house without having first been approved, at least 24 hours in
32593204 advance, by a majority of the membership of the Committee on [Rules
32603205 and] Resolutions Calendars, in accordance with Rule 4, Section 16.
32613206 It shall not be necessary for the Committee on [Rules and]
32623207 Resolutions Calendars to report a memorial or congratulatory
32633208 resolution from committee in order to place the resolution on a
32643209 congratulatory and memorial calendar. If the Committee on [Rules
32653210 and] Resolutions Calendars determines that a resolution is not
32663211 eligible for placement on the congratulatory and memorial calendar
32673212 the measure shall be sent to the Committee on Calendars for further
32683213 action. A congratulatory and memorial calendar will contain the
32693214 resolution number, the author's name, and a brief description of
32703215 the intent of the resolution. On the congratulatory and memorial
32713216 calendar, congratulatory resolutions may be listed separately from
32723217 memorial resolutions. Once a calendar is posted, no additional
32733218 resolutions will be added to it, and the requirements of this
32743219 section shall not be subject to suspension.
32753220 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
32763221 MEMORIAL CALENDARS. During the consideration of a congratulatory
32773222 and memorial calendar, resolutions shall not be read in full unless
32783223 they pertain to members or former members of the legislature, or
32793224 unless the intended recipient of the resolution is present on the
32803225 house floor or in the gallery. All other such resolutions shall be
32813226 read only by number, type of resolution, and name of the person or
32823227 persons designated in the resolutions. Members shall notify the
32833228 chair, in advance of consideration of the calendar, of any
32843229 resolutions that will be required to be read in full. In addition,
32853230 the following procedures shall be observed:
32863231 (1) The chair shall recognize the reading clerk to
32873232 read the resolutions within each category on the calendar only by
32883233 number, type of resolution, author or sponsor, and name of the
32893234 person or persons designated in the resolutions, except for those
32903235 resolutions that have been withdrawn or that are required to be read
32913236 in full. The resolutions read by the clerk shall then be adopted in
32923237 one motion for each category.
32933238 (2) Subsequent to the adoption of the resolutions read
32943239 by the clerk, the chair shall proceed to lay before the house the
32953240 resolutions on the calendar that are required to be read in full.
32963241 Each such resolution shall be read and adopted individually.
32973242 (3) If it develops that any resolution on the
32983243 congratulatory and memorial calendar does not belong on that
32993244 calendar, the chair shall withdraw the resolution from further
33003245 consideration, remove it from the calendar, and refer it to the
33013246 appropriate calendars committee for placement on the proper
33023247 calendar.
33033248 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
33043249 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
33053250 warrant, the chair of the Committee on Local and Consent Calendars
33063251 shall move to designate periods for the consideration of local,
33073252 consent, and resolutions calendars. Each such motion shall require
33083253 a two-thirds vote for its adoption. In each instance, the Committee
33093254 on Local and Consent Calendars shall prepare and post on the
33103255 electronic legislative information system a calendar at least 48
33113256 hours in advance of the hour set for consideration. Once a calendar
33123257 is posted, no additional bills or resolutions will be added to it.
33133258 This requirement can be suspended only by unanimous consent. No
33143259 local, consent, and resolutions calendar may be considered by the
33153260 house if it is determined that the rules of the house were not
33163261 complied with by the Committee on Local and Consent Calendars in
33173262 preparing that calendar.
33183263 (b) The period designated for the consideration of a local,
33193264 consent, and resolutions calendar under this section or under a
33203265 special order under Section 2 of this rule may not exceed one
33213266 calendar day.
33223267 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
33233268 RESOLUTIONS CALENDARS. During the consideration of a local,
33243269 consent, and resolutions calendar set by the Committee on Local and
33253270 Consent Calendars the following procedures shall be observed:
33263271 (1) The chair shall allow the sponsor of each bill or
33273272 resolution three minutes to explain the measure, and the time shall
33283273 not be extended except by unanimous consent of the house. This rule
33293274 shall have precedence over all other rules limiting time for
33303275 debate.
33313276 (2) If it develops that any bill or resolution on a
33323277 local, consent, and resolutions calendar is to be contested on the
33333278 floor of the house under Subdivision (3) or (4) of this section, the
33343279 chair shall withdraw the bill or resolution from further
33353280 consideration and remove it from the calendar.
33363281 (3) Any bill or resolution on a local, consent, and
33373282 resolutions calendar shall be considered contested if notice is
3338- given by five or more members present in the house under Rule 5,
3339- Section 45, that they intend to oppose the bill or resolution,
3283+ given by 10 [five] or more members present in the house under Rule
3284+ 5, Section 45, that they intend to oppose the bill or resolution,
33403285 either by a raising of hands or the delivery of written notice to
33413286 the chair.
33423287 (4) Any bill or resolution on a local, consent, and
33433288 resolutions calendar shall be considered contested if debate
33443289 exceeds 10 minutes, after the chair lays out the bill or resolution
33453290 following the sponsor's explanation under Subdivision (1) of this
33463291 section. The chair shall strictly enforce this time limit and
33473292 automatically withdraw the bill from further consideration if the
33483293 time limit herein imposed is exceeded.
33493294 (5) Any bill or resolution on a local, consent, and
33503295 resolutions calendar that is not reached for floor consideration
33513296 because of the expiration of the calendar day period for
33523297 consideration established by Section 13 of this rule shall carry
33533298 over onto the next local, consent, and resolutions calendar. Bills
33543299 or resolutions that carry over must appear in the same relative
33553300 order as on the calendar on which the bills or resolutions initially
33563301 appeared, and bills or resolutions originally from older calendars
33573302 must appear before those originally from more recent calendars.
33583303 (6) A motion to postpone a bill or resolution on a
33593304 local, consent, and resolutions calendar to a subsequent
33603305 legislative or calendar day requires an affirmative vote of
33613306 two-thirds of the members present.
33623307 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
33633308 local, consent, and resolutions calendars and congratulatory and
33643309 memorial calendars, consideration of calendars shall be in the
33653310 order named in Section 7 of this rule, subject to any exceptions
33663311 ordered by the Committee on Calendars. Bills and resolutions on
33673312 third reading shall have precedence over bills and resolutions on
33683313 second reading.
33693314 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
33703315 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
33713316 prepared daily when the house is in session. A calendar must be
33723317 posted on the electronic legislative information system at least 36
33733318 hours if convened in regular session and 24 hours if convened in
33743319 special session before the calendar may be considered by the house,
33753320 except as otherwise provided by these rules for the calendar on
33763321 which the general appropriations bill is first eligible for
33773322 consideration on second reading when convened in regular session.
33783323 A calendar that contains a bill extending an agency, commission, or
33793324 advisory committee under the Texas Sunset Act must be posted at
33803325 least 48 hours if convened in regular or special session before the
33813326 calendar may be considered by the house. Deviations from the
33823327 calendars as posted shall not be permitted except that the
33833328 Committee on Calendars shall be authorized to prepare and post, not
33843329 later than two hours before the house convenes, a supplemental
33853330 daily house calendar, on which shall appear:
33863331 (1) bills or resolutions which were passed to third
33873332 reading on the previous legislative day, except as provided by
33883333 Section 24(b) of this rule;
33893334 (2) bills or resolutions which appeared on the Daily
33903335 House Calendar for a previous calendar day which were not reached
33913336 for floor consideration;
33923337 (3) postponed business from a previous calendar day;
33933338 and
33943339 (4) notice to take from the table a bill or resolution
33953340 which was laid on the table subject to call on a previous
33963341 legislative day.
33973342 In addition to the items listed above, the bills and
33983343 resolutions from a daily house calendar that will be eligible for
33993344 consideration may be incorporated, in their proper order as
34003345 determined by these rules, into the supplemental daily house
34013346 calendar.
34023347 (a-1) If the house is convened in regular session, the
34033348 calendar on which the general appropriations bill is first eligible
34043349 for consideration on second reading must be posted on the
34053350 electronic legislative information system at least 144 hours before
34063351 the calendar may be considered by the house. The posted calendar
34073352 must indicate the date and time at which the calendar is scheduled
34083353 for consideration by the house, which date and time must be in
34093354 accordance with Rule 8, Section 14.
34103355 (b) In addition, when the volume of legislation shall
34113356 warrant, and upon request of the speaker, the chief clerk shall have
34123357 prepared a list of Items Eligible for Consideration, on which shall
34133358 appear only:
34143359 (1) house bills with senate amendments that are
34153360 eligible for consideration under Rule 13, Section 5, including the
34163361 number of senate amendments and the total number of pages of senate
34173362 amendments;
34183363 (2) senate bills for which the senate has requested
34193364 appointment of a conference committee; and
34203365 (3) conference committee reports that are eligible for
34213366 consideration under Rule 13, Section 10.
34223367 (c) The list of Items Eligible for Consideration must be
34233368 posted on the electronic legislative information system at least
34243369 six hours before the list may be considered by the house.
34253370 (d) The time at which a calendar or list is posted on the
34263371 electronic legislative information system shall be time-stamped on
34273372 the originals of the calendar or list.
34283373 (e) No house calendar shall be eligible for consideration if
34293374 it is determined that the rules of the house were not complied with
34303375 by the Committee on Calendars in preparing that calendar.
34313376 (f) If the Committee on Calendars has proposed a rule for
34323377 floor consideration of a bill or resolution that is eligible to be
34333378 placed on a calendar of the daily house calendar, the rule must be
34343379 printed and a copy distributed to each member. If the bill or
34353380 resolution to which the rule will apply has already been placed on a
34363381 calendar of the daily house calendar, a copy of the rule must also
34373382 be posted with the calendar on which the bill or resolution appears.
34383383 The speaker shall lay a proposed rule before the house prior to the
34393384 consideration of the bill or resolution to which the rule will
34403385 apply. The rule shall be laid before the house not earlier than six
34413386 hours after a copy of the rule has been distributed to each member
34423387 in accordance with this subsection. The rule shall not be subject
34433388 to amendment, but to be effective, the rule must be approved by the
34443389 house by an affirmative vote of two-thirds of those members present
34453390 and voting, except that the rule must be approved by an affirmative
34463391 vote of a majority of those members present and voting if the rule
34473392 applies to a tax bill, an appropriations bill, or a redistricting
34483393 bill. If approved by the house in accordance with this subsection,
34493394 the rule will be effective for the consideration of the bill or
34503395 resolution on both second and third readings.
34513396 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
34523397 the calendar under Subsection (b) of this section, once a bill or
34533398 resolution is placed on its appropriate calendar under these rules,
34543399 and has appeared on a house calendar, as posted on the electronic
34553400 legislative information system, the bill shall retain its relative
34563401 position on the calendar until reached for floor consideration, and
34573402 the calendars committee with jurisdiction over the bill or
34583403 resolution shall have no authority to place other bills on the
34593404 calendar ahead of that bill, but all additions to the calendar shall
34603405 appear subsequent to the bill.
34613406 (b) If a bill or resolution that has been placed on a house
34623407 calendar, as posted on the electronic legislative information
34633408 system, is recommitted or withdrawn from further consideration, the
34643409 bill or resolution relinquishes its position on the calendar, and
34653410 the bill or resolution shall be removed from the calendar.
34663411 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
34673412 as provided in Section 11 of this rule as it relates to
34683413 congratulatory and memorial resolutions, no bill or resolution
34693414 shall be placed on a calendar until:
34703415 (1) it has been referred to and reported from its
34713416 appropriate standing committee by favorable committee action; or
34723417 (2) it is ordered printed on minority report or after a
34733418 committee has reported its inability to recommend a course of
34743419 action.
34753420 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
34763421 resolutions, on being reported from committee, shall be referred
34773422 immediately to the committee coordinator for printing and then to
34783423 the appropriate calendars committee for placement on the
34793424 appropriate calendar.
34803425 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
34813426 30 calendar days after a bill or resolution has been referred to the
34823427 appropriate calendars committee, the committee must vote on whether
34833428 to place the bill or resolution on one of the calendars of the daily
34843429 house calendar or the local, consent, and resolutions calendar, as
34853430 applicable. A vote against placement of the bill or resolution on a
34863431 calendar does not preclude a calendars committee from later voting
34873432 in favor of placement of the bill or resolution on a calendar.
34883433 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
34893434 resolution has been in the appropriate calendars committee for 30
34903435 calendar days, exclusive of the calendar day on which it was
34913436 referred, awaiting placement on one of the calendars of the daily
34923437 house calendar or on the local, consent, and resolutions calendar,
34933438 it shall be in order for a member to move that the bill or resolution
34943439 be placed on a specific calendar of the daily house calendar or on
34953440 the local, consent, and resolutions calendar without action by the
34963441 committee. This motion must be seconded by five members and shall
34973442 require a majority vote for adoption.
34983443 (b) A motion to place a bill or resolution on a specific
34993444 calendar of the daily house calendar or on the local, consent, and
35003445 resolutions calendar is not a privileged motion and must be made
35013446 during the routine motion period unless made under a suspension of
35023447 the rules.
35033448 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
35043449 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
35053450 for placement on the local, consent, and resolutions calendar by
35063451 the Committee on Local and Consent Calendars unless a request for
35073452 that placement has been made to the chair of the standing committee
35083453 from which the bill or resolution was reported and unless the
35093454 committee report of the standing committee recommends that the bill
35103455 or resolution be sent to the Committee on Local and Consent
35113456 Calendars for placement on the local, consent, and resolutions
35123457 calendar. The recommendation of the standing committee shall be
35133458 advisory only, and the Committee on Local and Consent Calendars
35143459 shall have final authority to determine whether or not a bill or
35153460 resolution shall be placed on the local, consent, and resolutions
35163461 calendar. If the Committee on Local and Consent Calendars
35173462 determines that the bill or resolution is not eligible for
35183463 placement on the local, consent, and resolutions calendar, the
35193464 measure shall be sent to the Committee on Calendars for further
35203465 action.
35213466 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
35223467 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
35233468 bill by Rule 8, Section 10(c), shall be placed on the local,
35243469 consent, and resolutions calendar unless:
35253470 (1) evidence of publication of notice in compliance
35263471 with the Texas Constitution and these rules is filed with the
35273472 Committee on Local and Consent Calendars; and
35283473 (2) it has been recommended unanimously by the present
35293474 and voting members of the committee from which it was reported that
35303475 the bill be sent to the Committee on Local and Consent Calendars for
35313476 placement on the local, consent, and resolutions calendar.
35323477 (b) No other bill or resolution shall be placed on the
35333478 local, consent, and resolutions calendar unless it has been
35343479 recommended unanimously by the present and voting members of the
35353480 committee from which it was reported that the bill be sent to the
35363481 Committee on Local and Consent Calendars for placement on the
35373482 local, consent, and resolutions calendar.
35383483 (c) No bill or resolution shall be placed on the local,
35393484 consent, and resolutions calendar that:
35403485 (1) directly or indirectly prevents from being
35413486 available for purposes of funding state government generally any
35423487 money that under existing law would otherwise be available for that
35433488 purpose, including a bill that transfers or diverts money in the
35443489 state treasury from the general revenue fund to another fund; or
35453490 (2) authorizes or requires the expenditure or
35463491 diversion of state funds for any purpose, as determined by a fiscal
35473492 note attached to the bill.
35483493 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND
35493494 RESOLUTIONS. (a) A bill on second reading or a resolution once
35503495 removed from the local, consent, and resolutions calendar by being
35513496 contested on the floor of the house under Section 14(3) or (4) of
35523497 this rule shall be returned to the Committee on Local and Consent
35533498 Calendars for further action. The Committee on Local and Consent
35543499 Calendars, if it feels such action is warranted, may again place the
35553500 bill or resolution on the local, consent, and resolutions calendar,
35563501 provided, however, that if the bill or resolution is not placed on
35573502 the next local, consent, and resolutions calendar set by the
35583503 Committee on Local and Consent Calendars, the bill or resolution
35593504 shall immediately be referred to the Committee on Calendars for
35603505 further action. If a [the] bill on second reading or a resolution
35613506 is then removed from the calendar a second time by being contested
35623507 on the floor of the house under Section 14(3) or (4) of this rule,
35633508 the bill or resolution shall not again be placed on the local,
35643509 consent, and resolutions calendar by the Committee on Local and
35653510 Consent Calendars during that session of the legislature but shall
35663511 be returned to the Committee on Calendars for further action.
35673512 (b) A bill on third reading removed from the local, consent,
35683513 and resolutions calendar under Section 14(3) or (4) of this rule
35693514 shall appear on the supplemental daily house calendar for the next
35703515 legislative day for which a supplemental daily house calendar has
35713516 not already been distributed, pursuant to Section 16(a)(1) of this
35723517 rule.
35733518 (c) This section does not apply to a bill or resolution on
35743519 the local, consent, and resolutions calendar that is withdrawn from
35753520 the calendar at the request of the author or sponsor without being
35763521 contested under Section 14(3) or (4) of this rule. A bill or
35773522 resolution withdrawn under this subsection shall be returned to the
35783523 Committee on Local and Consent Calendars for further action. The
35793524 Committee on Local and Consent Calendars, if it feels such action is
35803525 warranted, may again place the bill or resolution on the local,
35813526 consent, and resolutions calendar or refer the bill or resolution
35823527 to the Committee on Calendars for further action.
35833528 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
35843529 the limitations contained in this rule, the Committee on Calendars
35853530 shall have full authority to make placements on calendars in
35863531 whatever order is necessary and desirable under the circumstances
35873532 then existing, except that bills on third reading shall have
35883533 precedence over bills on second reading. It is the intent of the
35893534 calendar system to give the Committee on Calendars wide discretion
35903535 to insure adequate consideration by the house of important
35913536 legislation.
35923537 RULE 7. MOTIONS
35933538 CHAPTER A. GENERAL MOTIONS
35943539 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
35953540 motions, in addition to any elsewhere provided herein, shall be
35963541 decided without debate, except as otherwise provided in these
35973542 rules:
35983543 (1) to adjourn;
35993544 (2) to lay on the table;
36003545 (3) to lay on the table subject to call;
36013546 (4) to suspend the rule as to the time for introduction
36023547 of bills;
36033548 (5) to order a call of the house, and all motions
36043549 incidental thereto;
36053550 (6) an appeal by a member called to order;
36063551 (7) on questions relating to priority of business;
36073552 (8) to amend the caption of a bill or resolution;
36083553 (9) to extend the time of a member speaking under the
36093554 previous question or to allow a member who has the right to speak
36103555 after the previous question is ordered to yield the time, or a part
36113556 of it, to another;
36123557 (10) to reconsider and table.
36133558 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
36143559 the mover and one opponent of the motion three minutes each during
36153560 which to debate the following motions without debating the merits
36163561 of the bill, resolution, or other matter, and the mover of the
36173562 motion may elect to either open the debate or close the debate, but
36183563 the mover's time may not be divided:
36193564 (1) to suspend the regular order of business and take
36203565 up some measure out of its regular order;
36213566 (2) to instruct a committee to report a certain bill or
36223567 resolution;
36233568 (3) to rerefer a bill or resolution from one committee
36243569 to another;
36253570 (4) to place a bill or resolution on a specific
36263571 calendar without action by the appropriate calendars committee;
36273572 (5) to take up a bill or resolution laid on the table
36283573 subject to call;
36293574 (6) to set a special order;
36303575 (7) to suspend the rules;
36313576 (8) to suspend the constitutional rule requiring bills
36323577 to be read on three several days;
36333578 (9) to pass a resolution suspending the joint rules;
36343579 (10) to order the previous question;
36353580 (11) to order the limiting of amendments to a bill or
36363581 resolution;
36373582 (12) to print documents, reports, or other material in
36383583 the journal;
36393584 (13) to take any other action required or permitted
36403585 during the routine motion period by Rule 6, Section 1;
36413586 (14) to divide the question.
36423587 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
36433588 under debate, the following motions, and none other, shall be in
36443589 order, and such motions shall have precedence in the following
36453590 order:
36463591 (1) to adjourn;
36473592 (2) to take recess;
36483593 (3) to lay on the table;
36493594 (4) to lay on the table subject to call;
36503595 (5) for the previous question;
36513596 (6) to postpone to a day certain;
36523597 (7) to commit, recommit, refer, or rerefer;
36533598 (8) to amend by striking out the enacting or resolving
36543599 clause, which, if carried, shall have the effect of defeating the
36553600 bill or resolution;
36563601 (9) to amend;
36573602 (10) to postpone indefinitely.
36583603 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
36593604 been made, the speaker shall state it, or if it is in writing, order
36603605 it read by the clerk; and it shall then be in possession of the
36613606 house.
36623607 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
36633608 the house and entertained by the speaker shall be reduced to writing
36643609 on the demand of any member, and shall be entered on the journal
36653610 with the name of the member making it.
36663611 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
36673612 by the mover at any time before a decision on the motion, even
36683613 though an amendment may have been offered and is pending. It cannot
36693614 be withdrawn, however, if the motion has been amended. After the
36703615 previous question has been ordered, a motion can be withdrawn only
36713616 by unanimous consent.
36723617 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
36733618 or recess shall always be in order, except:
36743619 (1) when the house is voting on another motion;
36753620 (2) when the previous question has been ordered and
36763621 before the final vote on the main question, unless a roll call shows
36773622 the absence of a quorum;
36783623 (3) when a member entitled to the floor has not yielded
36793624 for that purpose; or
36803625 (4) when no business has been transacted since a
36813626 motion to adjourn or recess has been defeated.
36823627 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
36833628 RECESS. When several motions to recess or adjourn are made at the
36843629 same period, the motion to adjourn carrying the shortest time shall
36853630 be put first, then the next shortest time, and in that order until a
36863631 motion to adjourn has been adopted or until all have been voted on
36873632 and lost; and then the same procedure shall be followed for motions
36883633 to recess.
36893634 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
36903635 RECESS. A motion to adjourn or recess may not be withdrawn when it
36913636 is one of a series upon which voting has commenced, nor may an
36923637 additional motion to adjourn or recess be made when voting has
36933638 commenced on a series of such motions.
36943639 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
36953640 vote by which a motion to adjourn or recess is carried or lost shall
36963641 not be subject to a motion to reconsider.
36973642 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
36983643 number of members than a quorum may adjourn from day to day, and may
36993644 compel the attendance of absent members.
37003645 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
37013646 carried, shall have the effect of killing the bill, resolution,
37023647 amendment, or other immediate proposition to which it was applied.
37033648 Such a motion shall not be debatable, but the mover of the
37043649 proposition to be tabled, or the member reporting it from
37053650 committee, shall be allowed to close the debate after the motion to
37063651 table is made and before it is put to a vote. When a motion to table
37073652 is made to a debatable main motion, the main motion mover shall be
37083653 allowed 20 minutes to close the debate, whereas the movers of other
37093654 debatable motions sought to be tabled shall be allowed only 10
37103655 minutes to close. The vote by which a motion to table is carried or
37113656 lost cannot be reconsidered. After the previous question has been
37123657 ordered, a motion to table is not in order. The provisions of this
37133658 section do not apply to motions to "lay on the table subject to
37143659 call"; however, a motion to lay on the table subject to call cannot
37153660 be made after the previous question has been ordered.
37163661 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
37173662 resolution, or other matter is pending before the house, it may be
37183663 laid on the table subject to call, and one legislative day's notice,
37193664 as provided on the Supplemental House Calendar, must be given
37203665 before the proposition can be taken from the table, unless it is on
37213666 the same legislative day, in which case it can be taken from the
37223667 table at any time except when there is another matter pending before
37233668 the house. A bill, resolution, or other matter can be taken from
37243669 the table only by a majority vote of the house. When a special order
37253670 is pending, a motion to take a proposition from the table cannot be
37263671 made unless the proposition is a privileged matter.
37273672 Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a
37283673 day certain may be amended and is debatable within narrow limits,
37293674 but the merits of the proposition sought to be postponed cannot be
37303675 debated. A motion to postpone indefinitely opens to debate the
37313676 entire proposition to which it applies.
37323677 (b) A motion to postpone a bill or resolution on a local,
37333678 consent, and resolutions calendar to a subsequent legislative or
37343679 calendar day requires an affirmative vote of two-thirds of the
37353680 members present.
37363681 Sec. 15. POSTPONED MATTERS. [(a)] A bill or proposition
37373682 postponed to a day certain shall be laid before the house at the
37383683 time on the calendar day to which it was postponed, provided it is
37393684 otherwise eligible under the rules and no other business is then
37403685 pending. If business is pending, the postponed matter shall be
37413686 deferred until the pending business is disposed of without
37423687 prejudice otherwise to its right of priority. When a privileged
37433688 matter is postponed to a particular time, and that time arrives, the
37443689 matter, still retaining its privileged nature, shall be taken up
37453690 even though another matter is pending.
37463691 [(b) Consideration of a bill postponed to a day certain from
37473692 the local, consent, and resolutions calendar is governed on second
37483693 reading by the rules applicable to the calendar from which it was
37493694 postponed to the extent practicable.]
37503695 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
37513696 two or more bills, resolutions, or other propositions are postponed
37523697 to the same time, and are otherwise eligible for consideration at
37533698 that time, they shall be considered in the chronological order of
37543699 their setting.
37553700 Sec. 17. MOTION TO REFER. When motions are made to refer a
37563701 subject to a select or standing committee, the question on the
37573702 subject's referral to a standing committee shall be put first.
37583703 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
37593704 after being defeated at the routine motion period, may again be made
37603705 when the bill itself is under consideration; however, a motion to
37613706 recommit a bill shall not be in order at the routine motion period
37623707 if the bill is then before the house as either pending business or
37633708 unfinished business.
37643709 A motion to recommit a bill or resolution can be made and
37653710 voted on even though the author, sponsor, or principal proponent is
37663711 not present.
37673712 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
37683713 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
37693714 recommit is debatable within narrow limits, but the merits of the
37703715 proposition may not be brought into the debate. A motion to refer,
37713716 rerefer, commit, or recommit with instructions is fully debatable.
37723717 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
37733718 Except as provided in Rule 4, Section 30, when a bill has been
37743719 recommitted once at any reading and has been reported adversely by
37753720 the committee to which it was referred, it shall be in order to
37763721 again recommit the bill only if a minority report has been filed in
37773722 the time required by the rules of the house. A two-thirds vote of
37783723 those present shall be required to recommit a second time.
37793724 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
37803725 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
37813726 motion for the previous question, which shall be admitted only when
37823727 seconded by 25 members. It shall be put by the chair in this manner:
37833728 "The motion has been seconded. Three minutes pro and con debate
37843729 will be allowed on the motion for ordering the previous question."
37853730 As soon as the debate has ended, the chair shall continue: "As many
37863731 as are in favor of ordering the previous question on (here state on
37873732 which question or questions) will say 'Aye,'" and then, "As many as
37883733 are opposed say 'Nay.'" As in all other propositions, a motion for
37893734 the previous question may be taken by a record vote if demanded by
37903735 any member. If ordered by a majority of the members voting, a
37913736 quorum being present, it shall have the effect of cutting off all
37923737 debate, except as provided in Section 23 of this rule, and bringing
37933738 the house to a direct vote on the immediate question or questions on
37943739 which it has been asked and ordered.
37953740 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
37963741 motion for the previous question, there shall be no debate except as
37973742 provided in Sections 2 and 21 of this rule. All incidental
37983743 questions of order made pending decision on such motion shall be
37993744 decided, whether on appeal or otherwise, without debate.
38003745 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
38013746 ORDERED. After the previous question has been ordered, there shall
38023747 be no debate upon the questions on which it has been ordered, or
38033748 upon the incidental questions, except that the mover of the
38043749 proposition or any of the pending amendments or any other motions,
38053750 or the member making the report from the committee, or, in the case
38063751 of the absence of either of them, any other member designated by
38073752 such absentee, shall have the right to close the debate on the
38083753 particular proposition or amendment. Then a vote shall be taken
38093754 immediately on the amendments or other motions, if any, and then on
38103755 the main question.
38113756 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
38123757 ORDERED. All members having the right to speak after the previous
38133758 question has been ordered shall speak before the question is put on
38143759 the first proposition covered by the previous question. All votes
38153760 shall then be taken in the correct order, and no vote or votes shall
38163761 be deferred to allow any member to close on any one of the
38173762 propositions separately after the voting has commenced.
38183763 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
38193764 amendment has been substituted and the previous question is then
38203765 moved on the adoption of the amendment as substituted, the author of
38213766 the amendment as substituted shall have the right to close the
38223767 debate on that amendment in lieu of the author of the original
38233768 amendment.
38243769 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
38253770 the previous question is ordered on a motion to postpone
38263771 indefinitely or to amend by striking out the enacting clause of a
38273772 bill, the member moving to postpone or amend shall have the right to
38283773 close the debate on that motion or amendment, after which the mover
38293774 of the proposition or bill proposed to be so postponed or amended,
38303775 or the member reporting it from the committee, or, in the absence of
38313776 either of them, any other member designated by the absentee, shall
38323777 be allowed to close the debate on the original proposition.
38333778 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
38343779 previous question may be asked and ordered on any debatable single
38353780 motion or series of motions, or any amendment or amendments
38363781 pending, or it may be made to embrace all authorized debatable
38373782 motions or amendments pending and include the bill, resolution, or
38383783 proposition that is on second or third reading. The previous
38393784 question cannot be ordered, however, on the main proposition
38403785 without including other pending motions of lower rank as given in
38413786 Section 3 of this rule.
38423787 Sec. 28. LIMIT OF APPLICATION. The previous question shall
38433788 not extend beyond the final vote on a motion or sequence of motions
38443789 to which the previous question has been ordered.
38453790 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
38463791 Amendments on the speaker's desk for consideration which have not
38473792 actually been laid before the house and read cannot be included
38483793 under a motion for the previous question.
38493794 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
38503795 TABLE. If a motion to table is made directly to a main motion, the
38513796 motion for the previous question is not in order. In a case where an
38523797 amendment to a main motion is pending, and a motion to table the
38533798 amendment is made, it is in order to move the previous question on
38543799 the main motion, the pending amendment, and the motion to table the
38553800 amendment.
38563801 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
38573802 QUESTION. There is no acceptable substitute for a motion for the
38583803 previous question, nor can other motions be applied to it.
38593804 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
38603805 TABLING. The motion for the previous question is not subject to a
38613806 motion to table.
38623807 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
38633808 QUESTION ACCEPTED. The motion to adjourn is not in order after a
38643809 motion for the previous question is accepted by the chair, or after
38653810 the seconding of such motion and before a vote is taken.
38663811 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
38673812 After the previous question has been ordered, no motion shall be in
38683813 order until the question or questions on which it was ordered have
38693814 been voted on, without debate, except:
38703815 (1) a motion for a call of the house, and motions
38713816 incidental thereto;
38723817 (2) a motion to extend the time of a member closing on
38733818 a proposition;
38743819 (3) a motion to permit a member who has the right to
38753820 speak to yield the time or a part thereof to another member;
38763821 (4) a request for and a verification of a vote;
38773822 (5) a motion to reconsider the vote by which the
38783823 previous question was ordered. A motion to reconsider may be made
38793824 only once and that must be before any vote under the previous
38803825 question has been taken;
38813826 (6) a motion to table a motion to reconsider the vote
38823827 by which the previous question has been ordered;
38833828 (7) a double motion to reconsider and table the vote by
38843829 which the previous question was ordered.
38853830 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
38863831 QUESTION ORDERED. No motion for an adjournment or a recess shall be
38873832 in order after the previous question is ordered until the final vote
38883833 under the previous question has been taken, unless the roll call
38893834 shows the absence of a quorum.
38903835 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
38913836 adjourns without a quorum under the previous question, the previous
38923837 question shall remain in force and effect when the bill,
38933838 resolution, or other proposition is again laid before the house.
38943839 CHAPTER C. RECONSIDERATION
38953840 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
38963841 has been decided by the house and the yeas and nays have been called
38973842 for and recorded, any member voting with the prevailing side may, on
38983843 the same legislative day, or on the next legislative day, move a
38993844 reconsideration; however, if a reconsideration is moved on the next
39003845 legislative day, it must be done before the order of the day, as
39013846 designated in the 10th item of Rule 6, Section 1(a), is taken up.
39023847 If the house refuses to reconsider, or on reconsideration, affirms
39033848 its decision, no further action to reconsider shall be in order.
39043849 (b) Where the yeas and nays have not been called for and
39053850 recorded, any member, regardless of whether he or she voted on the
39063851 prevailing side or not, may make the motion to reconsider; however,
39073852 even when the yeas and nays have not been recorded, the following
39083853 shall not be eligible to make a motion to reconsider:
39093854 (1) a member who was absent;
39103855 (2) a member who was paired and, therefore, did not
39113856 vote; and
39123857 (3) a member who was recorded in the journal as having
39133858 voted on the losing side.
39143859 (c) Except as otherwise provided by this subsection, a [A]
39153860 motion to reconsider the vote by which a bill, joint resolution, or
39163861 concurrent resolution was defeated is not in order unless a member
39173862 has previously provided at least one hour's notice of intent to make
39183863 the motion by addressing the house when the house is in session and
39193864 stating that a member intends to make a motion to reconsider the
39203865 vote by which the bill or resolution was defeated. It is not
39213866 necessary for the member providing the notice to be eligible to make
39223867 or to be the member who subsequently makes the motion to reconsider.
39233868 If notice of intent to make a motion to reconsider is given within
39243869 the period that the motion to reconsider may be made under
39253870 Subsection (a) of this section and that period expires during the
39263871 one-hour period required by this subsection, then the period within
39273872 which the motion may be made under Subsection (a) is extended by the
39283873 amount of time, not to exceed one hour during which the house is in
39293874 session, necessary to satisfy the one-hour notice required by this
39303875 subsection. This [For purposes of this] subsection does not apply
39313876 to[, a motion to reconsider includes] a motion to reconsider and
39323877 table or to [and] a motion to reconsider and spread on the journal,
39333878 if no business has been transacted after the defeat of the measure.
39343879 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
39353880 reconsider shall be debatable only when the question to be
39363881 reconsidered is debatable. Even though the previous question was
39373882 in force before the vote on a debatable question was taken, debate
39383883 is permissible on the reconsideration of such debatable question.
39393884 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
39403885 reconsider shall be decided by a majority vote, even though the vote
39413886 on the original question requires a two-thirds vote for affirmative
39423887 action. If the motion to reconsider prevails, the question then
39433888 immediately recurs on the question reconsidered.
39443889 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
39453890 reconsider cannot be withdrawn unless permission is given by a
39463891 majority vote of the house, and the motion may be called up by any
39473892 member.
39483893 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
39493894 reconsider shall be subject to a motion to table, which, if carried,
39503895 shall be a final disposition of the motion to reconsider.
39513896 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
39523897 motion to reconsider and table shall be in order. It shall be
39533898 undebatable. When carried, the motion to reconsider shall be
39543899 tabled. When it fails, the question shall then be on the motion to
39553900 reconsider, and the motion to reconsider shall, without further
39563901 action, be spread on the journal, but it may be called up by any
39573902 member, in accordance with the provisions of Section 43 of this
39583903 rule.
39593904 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
39603905 If a motion to reconsider is not disposed of when made, it shall be
39613906 entered in the journal, and cannot, after that legislative day, be
39623907 called up and disposed of unless one legislative day's notice has
39633908 been given.
39643909 (b) Unless called up and disposed of prior to 72 hours
39653910 before final adjournment of the session, all motions to reconsider
39663911 shall be regarded as determined and lost.
39673912 (c) All motions to reconsider made during the last 72 hours
39683913 of the session shall be disposed of when made; otherwise, the motion
39693914 shall be considered as lost.
39703915 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
39713916 member voting on the prevailing side may make a motion to reconsider
39723917 and spread on the journal, which does not require a vote, and on the
39733918 motion being made, it shall be entered on the journal. Any member,
39743919 regardless of whether he or she voted on the prevailing side or not,
39753920 who desires immediate action on a motion to reconsider which has
39763921 been spread on the journal, can call it up as soon as it is made, and
39773922 demand a vote on it, or can call it up and move to table it.
39783923 (b) If the motion to table the motion to reconsider is
39793924 defeated, the motion to reconsider remains spread on the journal
39803925 for future action; however, any member, regardless of whether he or
39813926 she voted on the prevailing side or not, can call the motion from
39823927 the journal for action by the house, and, once disposed of, no other
39833928 motion to reconsider can be made.
39843929 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
39853930 the first 76 calendar days of a regular session, when any bill,
39863931 resolution, or other paper has been in committee for 6 calendar
39873932 days, exclusive of the calendar day on which it was referred, it
39883933 shall be in order for a member to move that the committee be
39893934 required to report the same within 7 calendar days. This motion
39903935 shall require a two-thirds vote for passage.
39913936 (b) After the first 76 calendar days of a regular session,
39923937 when any bill, resolution, or other paper has been in committee for
39933938 6 calendar days, exclusive of the calendar day on which it was
39943939 referred, it shall be in order for a member to move that the
39953940 committee be required to report the same within 7 calendar days.
39963941 This motion shall require a majority vote for passage.
39973942 (c) A motion to instruct a committee to report is not a
39983943 privileged motion and must be made during the routine motion period
39993944 unless made under a suspension of the rules.
40003945 (d) The house shall have no authority to instruct a
40013946 subcommittee directly; however, instructions recognized under the
40023947 rules may be given to a committee and shall be binding on all
40033948 subcommittees.
40043949 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
40053950 During the first 76 calendar days of a regular session, when any
40063951 bill, resolution, or other paper has been in committee for 7
40073952 calendar days after the committee was instructed by the house to
40083953 report that measure by a motion made under Section 45 of this rule,
40093954 it shall be in order for a member to move to rerefer the bill,
40103955 resolution, or other paper to a different committee. This motion
40113956 shall require a two-thirds vote for passage.
40123957 (b) After the first 76 calendar days of a regular session,
40133958 when any bill, resolution, or other paper has been in committee for
40143959 7 calendar days after the committee has been instructed to report
40153960 that measure by a motion made under Section 45 of this rule, it
40163961 shall be in order for a member to move to rerefer the bill,
40173962 resolution, or other paper to a different committee. This motion
40183963 shall require a majority vote for passage.
40193964 (c) A motion to rerefer a bill, resolution, or other paper
40203965 from one committee to another committee is not a privileged motion
40213966 and must be made during the routine motion period unless made under
40223967 a suspension of the rules.
40233968 RULE 8. BILLS
40243969 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
40253970 laws must be incorporated in bills, which shall consist of:
40263971 (1) a title or caption, beginning with the words "A
40273972 Bill to be Entitled An Act" and a brief statement that gives the
40283973 legislature and the public reasonable notice of the subject of the
40293974 proposed measure;
40303975 (2) an enacting clause, "Be It Enacted by the
40313976 Legislature of the State of Texas"; and
40323977 (3) the bill proper.
40333978 (b) A house bill that would impose, authorize, increase, or
40343979 change the rate or amount of a tax, assessment, surcharge, or fee
40353980 must include a short statement at the end of its title or caption
40363981 indicating the general effect of the bill on the tax, assessment,
40373982 surcharge, or fee, such as "imposing a tax (or assessment),"
40383983 "authorizing a surcharge (or fee)," or "increasing the rate (or
40393984 amount) of a tax."
40403985 (c) A house bill that would create a criminal offense,
40413986 increase the punishment for an existing criminal offense or
40423987 category of offenses, or change the eligibility of a person for
40433988 community supervision, parole, or mandatory supervision must
40443989 include a short statement at the end of its title or caption
40453990 indicating the general effect of the bill on the offense,
40463991 punishment, or eligibility, such as "creating a criminal offense,"
40473992 "increasing a criminal penalty," or "changing the eligibility for
40483993 community supervision (or parole or mandatory supervision)."
40493994 (d) A house bill that would create a requirement that an
40503995 individual or entity obtain a license, certificate, registration,
40513996 permit, or other authorization before engaging in a particular
40523997 occupation or profession or that would expand an existing
40533998 requirement to additional individuals or entities must include a
40543999 short statement at the end of its title or caption indicating the
40554000 general effect of the bill on the occupation or profession, such as
40564001 "requiring an occupational license" or "expanding the
40574002 applicability of an occupational license (or permit or
40584003 certificate)."
40594004 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
40604005 revived or amended by reference to its title. The act revived, or
40614006 the section or sections amended, shall be reenacted and published
40624007 at length. This rule does not apply to revisions adopted under
40634008 Article III, Section 43, of the Texas Constitution.
40644009 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
40654010 (except a general appropriations bill, which may embrace the
40664011 various subjects and accounts for which money is appropriated or a
40674012 revision adopted under Article III, Section 43, of the Texas
40684013 Constitution) shall contain only one subject.
40694014 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
40704015 BILL. A general law may not be changed by the provisions in an
40714016 appropriations bill.
40724017 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
40734018 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
40744019 resolution may have only one primary author. The signature of the
40754020 primary author shall be the only signature that appears on the
40764021 measure filed with the chief clerk. The signatures of all coauthors
40774022 or joint authors shall appear on the appropriate forms in the chief
40784023 clerk's office.
40794024 (b) Any member may become the coauthor of a bill or
40804025 resolution by securing permission from the author. If permission
40814026 is secured from the author prior to the time the measure is filed
40824027 with the chief clerk, the primary author and the coauthor shall sign
40834028 the appropriate form, which shall be included with the measure when
40844029 it is filed with the chief clerk. If a member wishes to become the
40854030 coauthor of a measure after it has been filed, no action shall be
40864031 required by the house, but it shall be the duty of the member
40874032 seeking to be a coauthor to obtain written authorization on the
40884033 appropriate form from the author. This authorization shall be
40894034 filed with the chief clerk before the coauthor signs the form for
40904035 the bill or resolution. The chief clerk shall report daily to the
40914036 journal clerk the names of members filed as coauthors of bills or
40924037 resolutions. If a coauthor of a bill or resolution desires to
40934038 withdraw from such status, the member shall notify the chief clerk,
40944039 who in turn shall notify the journal clerk.
40954040 (c) The primary author of a measure may designate up to four
40964041 joint authors by providing written authorization on the appropriate
40974042 form to the chief clerk. If a member designated as a joint author
40984043 has not already signed on the measure as a coauthor, that member
40994044 must also sign the form before the records will reflect the joint
41004045 author status of that member. The names of all joint authors shall
41014046 be shown immediately following the primary author's name on all
41024047 official printings of the measure, on all house calendars, in the
41034048 house journal, and in the electronic legislative information
41044049 system.
41054050 (d) The determination of the house sponsor of a senate
41064051 measure is made at the time the measure is reported from committee.
41074052 In the case of multiple requests for house sponsorship, the house
41084053 sponsor of a senate measure shall be determined by the chair of the
41094054 committee, in consultation with the senate author of the measure.
41104055 The chair of the committee must designate a primary sponsor and may
41114056 designate up to four joint sponsors or an unlimited number of
41124057 cosponsors. The names of all joint sponsors shall be shown
41134058 immediately following the primary sponsor's name on all official
41144059 printings of the measure, on all house calendars, in the house
41154060 journal, and in the electronic legislative information system.
41164061 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
41174062 Each bill shall be filed with the chief clerk when introduced and
41184063 shall be numbered in its regular order. Each bill shall be read
41194064 first time by caption and referred by the speaker to the appropriate
41204065 committee with jurisdiction.
41214066 Sec. 7. PREFILING. Beginning the first Monday after the
41224067 general election preceding the next regular legislative session, or
41234068 within 30 days prior to any special session, it shall be in order to
41244069 file with the chief clerk bills and resolutions for introduction in
41254070 that session. On receipt of the bills or resolutions, the chief
41264071 clerk shall number them and make them a matter of public record,
41274072 available for distribution. Once a bill or resolution has been so
41284073 filed, it may not be recalled. This shall apply only to
41294074 members-elect of the succeeding legislative session.
41304075 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
41314076 resolutions introduced during the first 60 calendar days of the
41324077 regular session may be considered by the committees and in the house
41334078 and disposed of at any time during the session, in accordance with
41344079 the rules of the house. After the first 60 calendar days of a
41354080 regular session, any bill or joint resolution, except local bills,
41364081 emergency appropriations, and all emergency matters submitted by
41374082 the governor in special messages to the legislature, shall require
41384083 an affirmative vote of four-fifths of those members present and
41394084 voting to be introduced.
41404085 (b) In addition to a bill defined as a "local bill" under
41414086 Section 10(c) of this rule, a bill is considered local for purposes
41424087 of this section if it relates to a specified district created under
41434088 Article XVI, Section 59, of the Texas Constitution (water
41444089 districts, etc.), a specified hospital district, or another
41454090 specified special purpose district, even if neither these rules nor
41464091 the Texas Constitution require publication of notice for that bill.
41474092 Sec. 9. FILING. (a) A bill must be filed with the chief
41484093 clerk in the manner and in an electronic or other format specified
41494094 by the chief clerk at the time that the bill is introduced.
41504095 (b) A bill relating to conservation and reclamation
41514096 districts and governed by the provisions of Article XVI, Section
41524097 59, of the Texas Constitution must be filed with copies of the
41534098 notice to introduce the bill attached if the bill is intended to:
41544099 (1) create a particular conservation and reclamation
41554100 district; or
41564101 (2) amend the act of a particular conservation and
41574102 reclamation district to:
41584103 (A) add additional land to the district;
41594104 (B) alter the taxing authority of the district;
41604105 (C) alter the authority of the district with
41614106 respect to issuing bonds; or
41624107 (D) alter the qualifications or terms of office
41634108 of the members of the governing body of the district.
41644109 Sec. 10. LOCAL BILLS. (a) The house may not consider a
41654110 local bill unless notice of intention to apply for the passage of
41664111 the bill was published as provided by law and evidence of the
41674112 publication is attached to the bill. If not attached to the bill on
41684113 filing with the chief clerk or receipt of the bill from the senate,
41694114 copies of the evidence of timely publication shall be filed with the
41704115 chief clerk and must be distributed to the members of the committee
41714116 not later than the first time the bill is laid out in a committee
41724117 meeting. The evidence shall be attached to the bill on first
41734118 printing and shall remain with the measure throughout the entire
41744119 legislative process, including submission to the governor.
41754120 (b) Neither the house nor a committee of the house may
41764121 consider a bill whose application is limited to one or more
41774122 political subdivisions by means of population brackets or other
41784123 artificial devices in lieu of identifying the political subdivision
41794124 or subdivisions by name. However, this subsection does not prevent
41804125 consideration of a bill that classifies political subdivisions
41814126 according to a minimum or maximum population or other criterion
41824127 that bears a reasonable relation to the purpose of the proposed
41834128 legislation or a bill that updates laws based on population
41844129 classifications to conform to a federal decennial census.
41854130 (c) Except as provided by Subsection (d) of this section,
41864131 "local bill" for purposes of this section means:
41874132 (1) a bill for which publication of notice is required
41884133 under Article XVI, Section 59, of the Texas Constitution (water
41894134 districts, etc.);
41904135 (2) a bill for which publication of notice is required
41914136 under Article IX, Section 9, of the Texas Constitution (hospital
41924137 districts);
41934138 (3) a bill relating to hunting, fishing, or
41944139 conservation of wildlife resources of a specified locality;
41954140 (4) a bill creating or affecting a county court or
41964141 statutory court or courts of one or more specified counties or
41974142 municipalities;
41984143 (5) a bill creating or affecting the juvenile board or
41994144 boards of a specified county or counties; or
42004145 (6) a bill creating or affecting a road utility
42014146 district under the authority of Article III, Section 52, of the
42024147 Texas Constitution.
42034148 (d) A bill is not considered to be a local bill under
42044149 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
42054150 localities, counties, or municipalities so as to be of general
42064151 application or of statewide importance.
42074152 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
42084153 considered unless it first has been referred to a committee and
42094154 reported from it.
42104155 (b) After a bill has been recommitted, it shall be
42114156 considered by the committee as a new subject.
42124157 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
42134158 before the house shall be taken up and acted on in the order in which
42144159 they appear on their respective calendars, and each calendar shall
42154160 have the priority accorded to it by the provisions of Rule 6,
42164161 Sections 7 and 8.
42174162 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
42184163 that is local as defined by Section 10(c) of this rule and that
42194164 appears on a local, consent, and resolutions calendar shall be
42204165 considered for any purpose after the 130th day of a regular session,
42214166 except to:
42224167 (1) act on senate amendments;
42234168 (2) adopt a conference committee report;
42244169 (3) reconsider the bill to make corrections; or
42254170 (4) pass the bill notwithstanding the objections of
42264171 the governor.
42274172 (b) No other house bill or joint resolution shall be
42284173 considered on its second reading after the 122nd day of a regular
42294174 session if it appears on a daily or supplemental daily house
42304175 calendar, or for any purpose after the 123rd day of a regular
42314176 session, except to:
42324177 (1) act on senate amendments;
42334178 (2) adopt a conference committee report;
42344179 (3) reconsider the bill or resolution to make
42354180 corrections; or
42364181 (4) pass the bill notwithstanding the objections of
42374182 the governor.
42384183 (c) No senate bill or joint resolution shall be considered
42394184 on its second reading after the 134th day of a regular session if it
42404185 appears on a daily or supplemental daily house calendar, or for any
42414186 purpose after the 135th day of a regular session, except to:
42424187 (1) adopt a conference committee report;
42434188 (2) reconsider the bill or resolution to remove house
42444189 amendments;
42454190 (3) reconsider the bill or resolution to make
42464191 corrections; or
42474192 (4) pass the bill notwithstanding the objections of
42484193 the governor.
42494194 (d) The speaker shall not lay any bill or joint resolution
42504195 before the house or permit a vote to be taken on its passage on the
42514196 136th and 137th days of a regular session, except to:
42524197 (1) act on senate amendments;
42534198 (2) adopt a conference committee report;
42544199 (3) reconsider the bill or resolution to remove house
42554200 amendments;
42564201 (4) reconsider the bill or resolution to make
42574202 corrections; or
42584203 (5) pass the bill notwithstanding the objections of
42594204 the governor.
42604205 (e) The speaker shall not lay any bill or joint resolution
42614206 before the house or permit a vote to be taken on its passage on the
42624207 138th and 139th days of a regular session, except to:
42634208 (1) adopt a conference committee report;
42644209 (2) reconsider the bill or resolution to remove house
42654210 amendments;
42664211 (3) discharge house conferees and concur in senate
42674212 amendments;
42684213 (4) reconsider the bill or resolution to make
42694214 corrections; or
42704215 (5) pass the bill notwithstanding the objections of
42714216 the governor.
42724217 (f) No vote shall be taken upon the passage of any bill or
42734218 resolution within 24 hours of the final adjournment of a regular
42744219 session unless it be to reconsider the bill or resolution to make
42754220 corrections, or to adopt a corrective resolution.
42764221 (g) The clock of record for the house, as determined under
42774222 Rule 2, Section 2, shall be used to determine compliance with
42784223 deadlines and other time requirements of the Texas Constitution and
42794224 these rules. A motion to suspend this rule must be decided by a
42804225 record vote.
42814226 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
42824227 resolution, except the general appropriations bill, shall be
42834228 delivered to each member by making a copy of the bill or resolution
42844229 available in an electronic format for viewing by the member and,
42854230 when the electronic format copy of the appropriate printing becomes
42864231 available, by sending notice of that fact to a Capitol e-mail
42874232 address designated by the member, at least 36 hours if convened in
42884233 regular session and 24 hours if convened in special session before
42894234 the bill can be considered by the house on second reading. If a
42904235 member informs the chief clerk in writing that the member desires to
42914236 receive paper copies of bills and resolutions under this section in
42924237 addition to delivery in an electronic format, the chief clerk shall
42934238 place a paper copy of the bill or resolution in the newspaper box of
42944239 the member as soon as practicable after the electronic copies of the
42954240 bill or resolution are made available for viewing.
42964241 (a-1) A printed copy of the general appropriations bill
42974242 shall be placed in the newspaper mailbox of each member at least 168
42984243 hours during a regular session and at least 72 hours during a
42994244 special session before the bill can be considered by the house on
43004245 second reading.
43014246 (b) By majority vote, the house may order both the original
43024247 bill or resolution and the complete committee substitute to be
43034248 printed. It shall not be necessary for the house to order complete
43044249 committee substitutes printed in lieu of original bills.
43054250 (c) A two-thirds vote of the house is necessary to order
43064251 that bills, other than local bills, be not printed. It shall not be
43074252 necessary for the house to order that local bills be not printed.
43084253 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
43094254 have the force of law until it has been read on three several
43104255 legislative days in each house and free discussion allowed, unless
43114256 this provision is suspended by a vote of four-fifths of the members
43124257 present and voting, a quorum being present. The yeas and nays shall
43134258 be taken on the question of suspension and entered in the journal.
43144259 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
43154260 consideration of any bill or resolution, the house may, by a
43164261 majority vote, order the bill or resolution to be considered
43174262 section by section, or department by department, until each section
43184263 or department has been given separate consideration. If such a
43194264 procedure is ordered, only amendments to the section or department
43204265 under consideration at that time shall be in order. However, after
43214266 each section or department has been considered separately, the
43224267 entire bill or resolution shall be open for amendment, subject to
43234268 the provisions of Rule 11, Section 8(b). Once the consideration of
43244269 a bill section by section or department by department has been
43254270 ordered, it shall not be in order to move the previous question on
43264271 the entire bill, to recommit it, to lay it on the table, or to
43274272 postpone it, until each section or department has been given
43284273 separate consideration or until the vote by which section by
43294274 section consideration was ordered is reconsidered.
43304275 (b) A motion to consider a bill section by section is
43314276 debatable within narrow limits; that is, the pros and cons of the
43324277 proposed consideration can be debated but not the merits of the
43334278 bill.
43344279 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
43354280 bill or complete committee substitute for a bill has been taken up
43364281 and read, amendments shall be in order. If no amendment is made, or
43374282 if those proposed are disposed of, then the final question on its
43384283 second reading shall be, in the case of a house bill, whether it
43394284 shall be passed to engrossment, or, in the case of a senate bill,
43404285 whether it shall pass to its third reading. All bills ordered
43414286 passed to engrossment or passed to a third reading shall remain on
43424287 the calendar on which placed, but with future priority over bills
43434288 that have not passed second reading.
43444289 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
43454290 shall certify the final passage of each bill, noting on the bill the
43464291 date of its passage, and the vote by which it passed, if by a yea and
43474292 nay vote.
43484293 Sec. 19. EFFECTIVE DATE. Every law passed by the
43494294 legislature, except the General Appropriations Act, shall take
43504295 effect or go into force on the 91st day after the adjournment of the
43514296 session at which it was enacted, unless the legislature provides
43524297 for an earlier effective date by a vote of two-thirds of all the
43534298 members elected to each house. The vote shall be taken by yeas and
43544299 nays and entered in the journals.
43554300 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
43564301 After a bill or resolution has been considered and defeated by
43574302 either house of the legislature, no bill or resolution containing
43584303 the same substance shall be passed into law during the same session.
43594304 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
43604305 In order to assure the continuation of financial support of
43614306 existing state services through the passage of the general
43624307 appropriations bill, it shall not be in order during the first 118
43634308 days of the regular session for the speaker to lay before the house,
43644309 prior to the consideration, passage, and certification by the
43654310 comptroller of the general appropriations bill, any bill that
43664311 directly or indirectly prevents from being available for purposes
43674312 of funding state government generally any money that under existing
43684313 law would otherwise be available for that purpose, including a bill
43694314 that transfers or diverts money in the state treasury from the
43704315 general revenue fund to another fund.
43714316 (b) In order to assure compliance with the limitation on
43724317 appropriations of state tax revenue not dedicated by the
43734318 constitution as provided by Article VIII, Section 22, of the Texas
43744319 Constitution, it is not in order for the speaker to lay before the
43754320 house, prior to the time that the general appropriations bill has
43764321 been finally passed and sent to the comptroller, any bill that
43774322 appropriates funds from the state treasury that are not dedicated
43784323 by the constitution.
43794324 (c) When bills subject to the provisions of Subsection (a)
43804325 of this section become eligible for consideration, they shall be
43814326 considered for passage under the rules of the house and the joint
43824327 rules as any other bill but shall not be signed by the speaker as
43834328 required by the Constitution of Texas and the rules of the house
43844329 until the general appropriations bill has been signed by the
43854330 presiding officers of both houses of the legislature and
43864331 transmitted to the comptroller of public accounts for certification
43874332 as required by Article III, Section 49a, of the Constitution of
43884333 Texas.
43894334 (d) All bills subject to the provisions of Subsection (a) of
43904335 this section that have finally passed both houses shall be enrolled
43914336 as required by the rules and transmitted to the speaker. The
43924337 speaker shall note on each bill the date and hour of final
43934338 legislative action and shall withhold his or her signature and any
43944339 further action on all such bills until the general appropriations
43954340 bill has been signed by the presiding officers of both houses and
43964341 transmitted to the comptroller of public accounts for
43974342 certification. Immediately thereafter, the speaker shall sign in
43984343 the presence of the house all bills on which further action was
43994344 being withheld because the bills were subject to the provisions of
44004345 this section. After being signed by the speaker, the bills shall
44014346 then be transmitted to the comptroller of public accounts for
44024347 certification or to the governor, as the case may be, in the order
44034348 in which final legislative action was taken. "Final legislative
44044349 action," as that term is used in this subsection, shall mean the
44054350 last act of either house meeting in general session necessary to
44064351 place the bill in its final form preparatory to enrollment.
44074352 (e) Subsections (a)-(d) of this section shall not apply to
44084353 any bills providing for:
44094354 (1) the payment of expenses of the legislature;
44104355 (2) the payment of judgments against the state;
44114356 (3) any emergency matter when requested by the
44124357 governor in a formal message to the legislature; or
44134358 (4) the reduction of taxes.
44144359 (e-1) Subsection (a) of this section does not apply to a
44154360 bill that prevents the deposit into the general revenue fund of
44164361 money received from the federal government or earnings on that
44174362 money if the bill does not prevent that money from being available
44184363 for the purpose of funding state government generally to the same
44194364 extent as under existing law.
44204365 (f) Unless within the authority of a resolution or
44214366 resolutions adopted pursuant to Article VIII, Section 22(b), of the
44224367 Texas Constitution, it is not in order for the house to consider for
44234368 final passage on third reading, on motion to concur in senate
44244369 amendments, or on motion to adopt a conference committee report, a
44254370 bill appropriating funds from the state treasury in an amount that,
44264371 when added to amounts previously appropriated by bills finally
44274372 passed and sent or due to be sent to the comptroller, would exceed
44284373 the limit on appropriations established under Chapter 316,
44294374 Government Code.
44304375 (g) The general appropriations bill shall be reported to the
44314376 house by the Committee on Appropriations not later than the 90th
44324377 calendar day of the regular session. Should the Committee on
44334378 Appropriations fail to report by the deadline, Subsections (a)-(d)
44344379 of this section shall be suspended for the balance of that regular
44354380 session.
44364381 RULE 9. JOINT RESOLUTIONS
44374382 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
44384383 proposed amendment to the Texas Constitution shall take the form of
44394384 a joint resolution, which shall be subject to the rules that govern
44404385 the proceedings on bills, except as provided by this section.
44414386 (b) A joint resolution is not subject to the provisions of
44424387 Rule 8, Section 3, or Rule 11, Section 3.
44434388 (c) A joint resolution shall be adopted on any reading after
44444389 the first if it receives a two-thirds vote of the elected membership
44454390 of the house. If such a joint resolution receives only a majority
44464391 vote on second reading, it shall be passed to engrossment, and
44474392 subsequent proceedings shall be the same as those governing the
44484393 final passage of bills which have been passed to engrossment. If
44494394 such a joint resolution does not receive a two-thirds vote of the
44504395 elected membership of the house on third reading and final passage,
44514396 it shall fail of adoption.
44524397 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
44534398 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
44544399 proposed amendment to or application to Congress for a convention
44554400 to amend the Constitution of the United States shall take the form
44564401 of a joint resolution, which shall be subject to the rules that
44574402 govern the proceedings on bills, except that it shall be adopted on
44584403 second reading if it receives a majority vote of the members present
44594404 and voting, a quorum being present. If such a joint resolution
44604405 fails to receive a majority vote, it shall fail of adoption and
44614406 shall not be considered again unless revived by a motion to
44624407 reconsider as otherwise provided in the rules.
44634408 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
44644409 resolutions on committee report shall be referred to the Committee
44654410 on Calendars for placement on an appropriate calendar. The
44664411 Committee on Calendars shall maintain a separate calendar for house
44674412 joint resolutions and a separate calendar for senate joint
44684413 resolutions. Senate joint resolutions shall be considered on
44694414 calendar Wednesdays and calendar Thursdays along with senate bills.
44704415 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
44714416 Sec. 1. FILING. Resolutions shall be introduced by filing a
44724417 resolution with the chief clerk in the manner and in an electronic
44734418 or other format specified by the chief clerk, who shall number and
44744419 record house resolutions in one series and concurrent resolutions
44754420 in a separate series.
44764421 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
44774422 recording, all resolutions shall be sent to the speaker for
44784423 referral to the proper committee.
44794424 (b) Resolutions proposing the expenditure of money out of
44804425 the contingent expense fund of the legislature shall be referred to
44814426 the Committee on House Administration.
44824427 (c) All other resolutions shall be referred to the
44834428 appropriate committee with jurisdiction.
44844429 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
44854430 on committee report, other than privileged resolutions, shall be
44864431 referred immediately to the appropriate calendars committee for
44874432 placement on the appropriate calendar.
44884433 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
44894434 resolutions shall be considered by the house only at the time
44904435 assigned for their consideration on the calendar, in accordance
44914436 with the provisions of Rule 6, Section 7.
44924437 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
44934438 on final passage of a resolution other than a resolution of a purely
44944439 ceremonial or honorary nature must be by record vote with the vote
44954440 of each member entered in the journal as required by Section 12(b),
44964441 Article III, Texas Constitution.
44974442 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
44984443 take the same course as house resolutions, except that they shall be
44994444 sent to the governor for signing when finally passed by both houses.
45004445 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
45014446 office of mascot shall be named in and elected by a single house
45024447 resolution.
45034448 (b) Only children of house members who are under the age of
45044449 12 years shall be eligible for election to the honorary office of
45054450 mascot. A child once named a mascot shall not be eligible for the
45064451 honor a second time.
45074452 (c) No separate classification or special title shall be
45084453 given to any mascot, but all shall receive the same title of
45094454 honorary mascot of the house of representatives.
45104455 (d) The speaker shall issue a certificate showing the
45114456 election of each mascot and deliver it to the parent member of the
45124457 child.
45134458 Pictures of mascots shall appear on the panel picture of the
45144459 house.
45154460 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
45164461 SESSIONS. The subject matter of house resolutions and concurrent
45174462 resolutions does not have to be submitted by the governor in a
45184463 called session before they can be considered.
45194464 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
45204465 Resolutions authorizing the enrolling clerk of the house or senate
45214466 to make technical corrections to a measure that has been finally
45224467 acted upon by both houses of the legislature shall be privileged in
45234468 nature and need not be referred to committee. Such resolutions
45244469 shall be eligible for consideration by the house upon introduction
45254470 in the house or receipt from the senate.
45264471 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
45274472 RESOLUTION. The enrolled printing of a house congratulatory or
45284473 memorial resolution shall include a place for the signature of the
45294474 primary author of the resolution. The chief clerk shall provide the
45304475 primary author with the opportunity to sign the resolution after
45314476 the resolution is enrolled. The absence of the primary author's
45324477 signature does not affect the validity of the resolution as adopted
45334478 by the house.
45344479 RULE 11. AMENDMENTS
45354480 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
45364481 resolution, motion, or proposition is under consideration, a motion
45374482 to amend and a motion to amend that amendment shall be in order. It
45384483 shall also be in order to offer a further amendment by way of a
45394484 substitute. Such a substitute may not be amended. If the
45404485 substitute is adopted, the question shall then be on the amendment
45414486 as substituted, and under this condition an amendment is not in
45424487 order.
45434488 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
45444489 AMENDMENTS. No motion or proposition on a subject different from
45454490 the subject under consideration shall be admitted as an amendment
45464491 or as a substitute for the motion or proposition under debate.
45474492 "Proposition" as used in this section shall include a bill,
45484493 resolution, joint resolution, or any other motion which is
45494494 amendable.
45504495 Amendments pertaining to the organization, powers,
45514496 regulation, and management of the agency, commission, or advisory
45524497 committee under consideration are germane to bills extending state
45534498 agencies, commissions, or advisory committees under the provisions
45544499 of the Texas Sunset Act (Chapter 325, Government Code).
45554500 An amendment to a committee substitute laid before the house
45564501 in lieu of an original bill is germane if each subject of the
45574502 amendment is a subject that is included in the committee substitute
45584503 or was included in the original bill.
45594504 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
45604505 bill shall be amended in its passage through either house so as to
45614506 change its original purpose.
45624507 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
45634508 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
45644509 resolution shall not be in order during its consideration on a
45654510 local, consent, and resolutions calendar set by the Committee on
45664511 Local and Consent Calendars, unless the amendments have first been
45674512 submitted to and approved by the Committee on Local and Consent
45684513 Calendars, which shall be noted thereon by the chair of the
45694514 Committee on Local and Consent Calendars prior to the offering of
45704515 the amendments.
45714516 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
45724517 taken up on its third reading, amendments shall be in order, but
45734518 shall require a two-thirds vote of the members present for their
45744519 adoption. A bill on third reading may be recommitted to a committee
45754520 and later reported to the house with amendments, in which case the
45764521 bill shall again take the course of a bill at its second reading.
45774522 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
45784523 amendment shall be filed with the speaker. When the amendment is
45794524 read, two copies shall go to the chief clerk, one copy to the
45804525 journal clerk, one copy to the reading clerk, and one copy to the
45814526 speaker. No amendment offered from the floor shall be in order
45824527 unless the sponsoring member has complied with the provisions of
45834528 this section with respect to copies of the amendment. The chief
45844529 clerk shall retain one copy of each amendment filed with the speaker
45854530 under this section whether or not the amendment was offered by the
45864531 filing member.
45874532 (b) Prior to the time that an amendment is offered, if the
45884533 amendment exceeds one page in length, the sponsoring member must
45894534 provide to the chief clerk a minimum of five copies to be available
45904535 for distribution to those members requesting copies of the
45914536 amendment.
45924537 (c) If the amendment is only one page in length or less, the
45934538 sponsoring member must provide one additional copy of the amendment
45944539 to the chief clerk, who shall immediately proceed to have
45954540 additional copies made and available for those members requesting
45964541 copies of the amendment.
45974542 (d) The provisions of this section with respect to extra
45984543 copies shall not apply to committee amendments or to amendments
45994544 which do nothing more than delete material from the bill or
46004545 resolution.
46014546 (e) The speaker shall not recognize a member to offer an
46024547 original amendment that exceeds one page in length and that is in
46034548 the form of a complete substitute for the bill or resolution laid
46044549 before the house, or in the opinion of the speaker is a substantial
46054550 substitute, unless 10 copies of the amendment have been provided to
46064551 the chief clerk and were available in the chief clerk's office at
46074552 least 12 hours prior to the time the calendar on which the bill or
46084553 resolution to be amended is eligible for consideration.
46094554 (f) An amendment may be typed, hand-printed, or
46104555 handwritten, but must be legible in order to be offered.
46114556 (g) The speaker shall not recognize a member to offer an
46124557 original amendment to a bill on second reading if the bill extends
46134558 [extending] an agency, commission, or advisory committee under the
46144559 Texas Sunset Act unless 10 copies of the amendment have been
46154560 provided to the chief clerk and were available in the chief clerk's
46164561 office at least 24 hours prior to the time the calendar on which the
46174562 bill appears for second reading [or resolution to be amended] is
46184563 first eligible for consideration.
46194564 (h) If the house is convened in regular session, the speaker
46204565 shall not recognize a member to offer an original amendment to the
46214566 general appropriations bill on second reading unless 10 copies of
46224567 the amendment have been provided to the chief clerk and were
46234568 available in the chief clerk's office at least 72 hours prior to the
46244569 time the calendar on which the general appropriations bill appears
46254570 for second reading is first eligible for consideration.
46264571 (i) The Committee on House Administration shall ensure
46274572 that:
46284573 (1) the floor amendment system through which members
46294574 of the house may view an electronic image of current or past
46304575 amendments, or the system's successor in function, is available to
46314576 the public on the Internet;
46324577 (2) members of the public using the system available
46334578 on the Internet may view the same information that members may view
46344579 at the same time that members may view the information; and
46354580 (3) members of the public using the system available
46364581 on the Internet may view any amendment required to be provided to
46374582 the chief clerk under Subsections (e) [Rule 11, Sections 6(e)],
46384583 (g), and (h) of this section at least 10 hours prior to the time the
46394584 calendar on which the bill or resolution to be amended is eligible
46404585 for consideration.
46414586 (j) To the extent practicable, an amendment must include the
46424587 page and line numbers of the text of the bill, resolution, or
46434588 amendment being amended. Failure to comply with the requirements of
46444589 this subsection is not subject to a [sustainable] point of order.
46454590 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
46464591 motions to amend shall be offered in the following order:
46474592 (1) motions to amend by striking out the enacting
46484593 clause of a bill (or the resolving clause of a resolution), which
46494594 amendment cannot be amended or substituted;
46504595 (2) motions to amend an original bill, resolution,
46514596 motion, or proposition (other than substitute bills as provided for
46524597 in Subdivision (3) below), which shall have precedence as follows:
46534598 (A) original amendment;
46544599 (B) amendment to the amendment;
46554600 (C) substitute for the amendment to the
46564601 amendment.
46574602 Recognition for the offering of original amendments shall be
46584603 as follows: first, the main author; second, the member or members
46594604 offering the committee amendment; and third, members offering other
46604605 amendments from the floor;
46614606 (3) motions to amend an original bill by striking out
46624607 all after the enacting clause (substitute bills), which substitute
46634608 bills shall be subject to amendment as follows:
46644609 (A) amendment to the substitute bill;
46654610 (B) substitute for the amendment to the
46664611 substitute bill.
46674612 Recognition for offering such substitute bills shall be as
46684613 follows: first, the main author of the original bill, if the
46694614 member has not sought to perfect the bill by amendments as provided
46704615 for in Subdivision (2) above; second, the member or members
46714616 offering the committee amendment; and, third, members offering
46724617 amendments from the floor.
46734618 It shall be in order under the procedure described in this
46744619 subdivision to have as many as four complete measures pending
46754620 before the house at one time; that is, an original bill, an
46764621 amendment striking out all after the enacting clause of the bill and
46774622 inserting a new bill body, an amendment to the amendment striking
46784623 out all after the enacting clause of the bill and inserting a new
46794624 bill body, and a substitute for this amendment to the amendment to
46804625 the original bill which is also a new bill body. These "substitute
46814626 bills" shall be voted on in the reverse order of their offering;
46824627 (4) motions to amend the caption of a bill or joint
46834628 resolution, which may also be offered in accordance with Section
46844629 9(a) of this rule.
46854630 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
46864631 out and to insert new matter in lieu of that to be stricken out shall
46874632 be regarded as a substitute and shall be indivisible.
46884633 (b) Matter inserted or stricken out of an original bill by
46894634 way of amendment may not be taken out or reinserted at a later time
46904635 on the same reading except under the following conditions:
46914636 (1) reconsideration of the inserting or deleting
46924637 amendment;
46934638 (2) adoption of a "substitute bill" amendment;
46944639 (3) adoption of an amendment for a whole paragraph,
46954640 section or subdivision of a bill which so materially changes the
46964641 original text that the portion inserted or deleted is in fact of
46974642 minor importance.
46984643 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
46994644 of a bill or resolution shall not be in order until all other
47004645 proposed amendments have been acted on and the house is ready to
47014646 vote on the passage of the measure, and it shall then be decided
47024647 without debate.
47034648 (b) If the previous question has been ordered on a bill or
47044649 joint resolution at any reading, an amendment to the caption of that
47054650 bill or joint resolution may be offered and voted on immediately
47064651 preceding the final vote on the bill or joint resolution.
47074652 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
47084653 amendments shall be admitted only when seconded by 25 members. The
47094654 motion may take either of two forms:
47104655 (1) to limit amendments to those pending before the
47114656 house; or
47124657 (2) to limit amendments to those pending on the
47134658 speaker's desk.
47144659 (b) The motion shall be put by the chair in this manner: "The
47154660 motion has been seconded. Three minutes pro and con debate will be
47164661 allowed on the motion to limit amendments." As soon as the debate
47174662 has ended, the chair shall continue: "As many as are in favor of
47184663 limiting amendments on (here state on which question or questions)
47194664 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
47204665 all other propositions, a motion to limit amendments shall be
47214666 decided by a record vote if demanded by any member. If ordered by a
47224667 majority of the members voting, a quorum being present, the motion
47234668 shall have the effect of confining further debate and consideration
47244669 to those amendments included within the motion, and thereafter the
47254670 chair will accept no more amendments to the proposition to which the
47264671 motion is applied.
47274672 (c) The motion to limit amendments, if adopted, shall not in
47284673 any way cut off or limit debate or other parliamentary maneuvers on
47294674 the pending proposition or propositions or amendment or amendments
47304675 included within the motion. The sole function of the motion is to
47314676 prevent the chair from accepting further amendments to the
47324677 proposition to which the motion is applied.
47334678 (d) Except as otherwise provided, the motion to limit
47344679 amendments shall have no effect on the parliamentary situation to
47354680 which the motion is applied, and the matter to which the motion is
47364681 applied shall continue to be considered by the house in all other
47374682 respects as though the motion had not been made.
47384683 (e) The amendments that are included within the motion to
47394684 limit amendments shall each be subject to amendment, if otherwise
47404685 permitted under the rules.
47414686 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
47424687 motion to limit amendments is not subject to a motion to table.
47434688 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
47444689 is offered, followed by an amendment to that amendment, and then a
47454690 substitute for the amendment to the amendment, these questions
47464691 shall be voted on in the reverse order of their offering.
47474692 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
47484693 amendment is adopted, such action shall be certified by the chief
47494694 clerk on the amendment, and the official copy of the amendment shall
47504695 then be securely attached to the bill or resolution which it amends.
47514696 RULE 12. PRINTING
47524697 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
47534698 Except as otherwise provided in this rule, all bills and joint
47544699 resolutions shall be printed and a copy provided to each member at
47554700 each of the following stages in the parliamentary progress of the
47564701 bill or joint resolution:
47574702 (1) at the time of the committee report on the bill or
47584703 joint resolution, which shall be known as "First Printing" and
47594704 which shall consist of:
47604705 (A) a complete text of the bill or joint
47614706 resolution as reported from committee;
47624707 (B) a complete copy of the bill analysis, a
47634708 complete copy of the summary of committee action, and a complete
47644709 copy of the witness list;
47654710 (C) the text of the committee report;
47664711 (D) the record vote by which the measure was
47674712 reported from committee, including the vote of individual members;
47684713 (E) a copy of the latest fiscal note; and
47694714 (F) a copy of each impact statement received by
47704715 the committee;
47714716 (2) at the time the bill or joint resolution, if
47724717 amended, finally passes the senate, senate amendments and house
47734718 engrossment text will be printed, which shall be known as "Second
47744719 Printing"; and
47754720 (3) at the time the conference committee, if any,
47764721 makes its report on the bill or joint resolution, which shall be
47774722 known as "Third Printing."
47784723 (b) In any section of the first printing of a bill or joint
47794724 resolution that proposes to amend an existing statute or
47804725 constitutional provision, language sought to be deleted must be
47814726 bracketed and stricken through, and language sought to be added
47824727 must be underlined. This requirement does not apply to:
47834728 (1) an appropriations bill;
47844729 (2) a local bill;
47854730 (3) a game bill;
47864731 (4) a recodification bill;
47874732 (5) a redistricting bill;
47884733 (6) a section of a bill or joint resolution not
47894734 purporting to amend an existing statute or constitutional
47904735 provision;
47914736 (7) a section of a bill or joint resolution that
47924737 revises the entire text of an existing statute or constitutional
47934738 provision, to the extent that it would confuse rather than clarify
47944739 to show deletions and additions; and
47954740 (8) a section of a bill or joint resolution providing
47964741 for severability, nonseverability, emergency, or repeal of an
47974742 existing statute or constitutional provision.
47984743 (c) The speaker may overrule a point of order raised as to a
47994744 violation of Subsection (b) of this section if the violation is
48004745 typographical or minor and does not tend to deceive or mislead.
48014746 (d) The requirement to provide a copy of a printing to each
48024747 member may be accomplished by making a copy of the printing
48034748 available in an electronic format for viewing by the member and,
48044749 when the electronic format copy of the appropriate printing becomes
48054750 available, sending notice of that fact to a Capitol e-mail address
48064751 designated by the member. If a member informs the chief clerk that
48074752 the member also desires to receive a paper copy of printings at
48084753 first, second, or third printing, the chief clerk shall place paper
48094754 copies of those printings designated by the member in the newspaper
48104755 box of the member as soon as practicable after the electronic copies
48114756 of the printings are made available for viewing.
48124757 (e) The provisions of Subsection (d) of this section
48134758 authorizing delivery of a printing by electronic means also apply
48144759 to any fiscal note, impact statement, analysis, or other item
48154760 required by these rules to be delivered or made available to each
48164761 member as an attachment to or in connection with the applicable
48174762 printing.
48184763 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
48194764 after the first printing except when ordered printed by a majority
48204765 vote of the house.
48214766 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
48224767 shall be printed only if the resolution:
48234768 (1) grants permission to sue the state;
48244769 (2) memorializes Congress to take or to refrain from
48254770 taking certain action;
48264771 (3) sets legislative policy or declares legislative
48274772 intent;
48284773 (4) makes corrective changes in any bill, joint
48294774 resolution, or conference committee report;
48304775 (5) establishes or interprets policy for a state
48314776 agency, department, or political subdivision;
48324777 (6) establishes, modifies, or changes internal
48334778 procedures or administration of the legislature or any component
48344779 part thereof;
48354780 (7) proposes an amendment to the Joint Rules of the
48364781 Senate and the House of Representatives; or
48374782 (8) is ordered printed by a majority vote of the house.
48384783 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
48394784 printed only if the resolution:
48404785 (1) proposes an amendment to the rules of the house;
48414786 (2) establishes, modifies, or changes the internal
48424787 procedures and administration of the house;
48434788 (3) establishes legislative policy or interprets
48444789 legislative intent; or
48454790 (4) is ordered printed by a majority of the house.
48464791 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
48474792 REQUIREMENTS. Except for matter to be printed in the journal, all
48484793 requirements contained in the rules with respect to the printing of
48494794 bills, resolutions, reports, and other matters shall be considered
48504795 complied with if the material is adequately and properly reproduced
48514796 by any acceptable means of reproduction.
48524797 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
48534798 CHAPTER A. MESSAGES
48544799 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
48554800 communications from the governor shall be received when announced,
48564801 and shall be read on the calendar day received.
48574802 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
48584803 the senate shall be received when announced. Senate bills
48594804 announced as passed shall be read for the first time and referred to
48604805 the appropriate committee as soon as practicable.
48614806 (b) Messages from the senate announcing amendments to house
48624807 bills and resolutions, nonconcurrence in house amendments to senate
48634808 bills and resolutions, requests for conference committees, reports
48644809 of conference committees, and all other matters of disagreement,
48654810 amendments, and requests between the two houses, shall go to the
48664811 speaker's desk in their regular order, but may be called up for
48674812 action by the house at any time as a privileged matter, yielding
48684813 only to a motion to adjourn.
48694814 CHAPTER B. SENATE AMENDMENTS
48704815 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
48714816 resolution, or other matter is returned to the house with senate
48724817 amendments, the house may:
48734818 (1) agree to the amendments; or
48744819 (2) disagree to all of the amendments and ask for a
48754820 conference committee; or
48764821 (3) agree to one or more of the amendments and disagree
48774822 as to the remainder and request a conference committee to consider
48784823 those in disagreement; or
48794824 (4) agree to one or more and disagree as to the
48804825 remainder; or
48814826 (5) disagree to all amendments.
48824827 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
48834828 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
48844829 amendments thereto must be adopted by a vote of two-thirds of the
48854830 elected membership of the house.
48864831 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
48874832 to house bills and resolutions must be printed and copies provided
48884833 to the members at least 24 hours before any action can be taken
48894834 thereon by the house during a regular or special session.
48904835 (b) When a house bill or joint resolution, other than the
48914836 general appropriations bill, with senate amendments is returned to
48924837 the house, the chief clerk shall request the Legislative Budget
48934838 Board to prepare a fiscal note outlining the fiscal implications
48944839 and probable cost of the measure as impacted by the senate
48954840 amendments. A copy of the fiscal note shall be distributed with the
48964841 senate amendments on their printing before any action can be taken
48974842 on the senate amendments by the house.
48984843 (c) When a house bill or joint resolution, other than the
48994844 general appropriations bill, with senate amendments is returned to
49004845 the house, the chief clerk shall request the Texas Legislative
49014846 Council to prepare an analysis that describes the substantive
49024847 changes made to the house version of the bill by the senate
49034848 amendments. A copy of the council's analysis of senate amendments
49044849 shall be provided to the members electronically or as a printed copy
49054850 at least 12 hours before action is taken on the senate amendments by
49064851 the house. The Texas Legislative Council shall make all reasonable
49074852 efforts to timely provide the analysis in as accurate a form as time
49084853 allows. However, an unavoidable inability to provide the analysis
49094854 or an inadvertent error in the analysis is not subject to a point
49104855 [sustainable question] of order.
49114856 (d) When a house bill or joint resolution for which a tax
49124857 equity note was required under Rule 4, Section 34(b)(5), is
49134858 returned to the house with senate amendments, the chief clerk shall
49144859 request the Legislative Budget Board to prepare a tax equity note
49154860 estimating the general effects of the senate amendments on the
49164861 distribution of tax and fee burdens among individuals and
49174862 businesses. A copy of the updated tax equity note shall be made
49184863 available to each member, in some format, before any vote on the
49194864 floor can be taken on the senate amendments by the house.
49204865 [Sec. 5A. RETURN OF NONGERMANE SENATE AMENDMENTS BY
49214866 SPEAKER. When a house bill or joint resolution, other than the
49224867 general appropriations bill, with senate amendments is returned to
49234868 the house, the speaker, with the permission of the primary author of
49244869 the bill or resolution, may return the bill or resolution to the
49254870 senate if the speaker determines that the senate amendments are not
49264871 germane to the house version of the bill or resolution. The speaker
49274872 may act under this section without regard to whether the bill or
49284873 resolution is eligible for consideration by the house. If the
49294874 speaker returns a bill or resolution to the senate under this
49304875 section, the speaker shall attach to the bill or resolution a
49314876 statement of the speaker's action that includes an explanation of
49324877 the speaker's determination, and shall enter the statement in the
49334878 journal as soon as practicable.]
49344879 CHAPTER C. CONFERENCE COMMITTEES
49354880 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
49364881 between the senate and the house by committee, the number of
49374882 committee members from each house shall be five. All votes on
49384883 matters of difference shall be taken by each committee separately.
49394884 A majority of each committee shall be required to determine the
49404885 matter in dispute. Reports by conference committees must be signed
49414886 by a majority of each committee of the conference.
49424887 (b) A copy of the report signed by a majority of each
49434888 committee of the conference must be furnished to each member of the
49444889 committee in person or if unable to deliver in person by placing a
49454890 copy in the member's newspaper mailbox at least one hour before the
49464891 report is furnished to each member of the house under Section 10(a)
49474892 of this rule. The paper copies of the report submitted to the chief
49484893 clerk under Section 10(b) of this rule must contain a certificate
49494894 that the requirement of this subsection has been satisfied, and
49504895 that certificate must be attached to the copy of the report
49514896 furnished to each member under Section 10(d) of this rule. Failure
49524897 to comply with this subsection is not subject to a [sustainable]
49534898 point of order [under this rule].
49544899 Sec. 7. MEETINGS. (a) House conferees when meeting with
49554900 senate conferees to adjust differences shall meet in public and
49564901 shall give a reasonable amount of notice of the meeting in the place
49574902 designated for giving notice of meetings of house standing
49584903 committees. Any such meeting shall be open to the news media. Any
49594904 conference committee report adopted in private shall not be
49604905 considered by the house.
49614906 (b) At a meeting of the conferees to adjust differences on
49624907 the general appropriations bill, the chair of the house conferees
49634908 may request the assistance of any house member who serves on the
49644909 appropriations committee.
49654910 Sec. 8. INSTRUCTIONS. Instructions to a conference
49664911 committee shall be made after the conference is ordered and before
49674912 the conferees are appointed by the speaker, and not thereafter.
49684913 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
49694914 committees shall limit their discussions and their actions solely
49704915 to the matters in disagreement between the two houses. A conference
49714916 committee shall have no authority with respect to any bill or
49724917 resolution:
49734918 (1) to change, alter, or amend text which is not in
49744919 disagreement;
49754920 (2) to omit text which is not in disagreement;
49764921 (3) to add text on any matter which is not in
49774922 disagreement;
49784923 (4) to add text on any matter which is not included in
49794924 either the house or senate version of the bill or resolution.
49804925 This rule shall be strictly construed by the presiding
49814926 officer in each house to achieve these purposes.
49824927 (b) Conference committees on appropriations bills, like
49834928 other conference committees, shall limit their discussions and
49844929 their actions solely to the matters in disagreement between the two
49854930 houses. In addition to the limitations contained elsewhere in the
49864931 rules, a conference committee on appropriations bills shall be
49874932 strictly limited in its authority as follows:
49884933 (1) If an item of appropriation appears in both house
49894934 and senate versions of the bill, the item must be included in the
49904935 conference committee report.
49914936 (2) If an item of appropriation appears in both house
49924937 and senate versions of the bill, and in identical amounts, no change
49934938 can be made in the item or the amount.
49944939 (3) If an item of appropriation appears in both house
49954940 and senate versions of the bill but in different amounts, no change
49964941 can be made in the item, but the amount shall be at the discretion of
49974942 the conference committee, provided that the amount shall not exceed
49984943 the larger version and shall not be less than the smaller version.
49994944 (4) If an item of appropriation appears in one version
50004945 of the bill and not in the other, the item can be included or omitted
50014946 at the discretion of the conference committee. If the item is
50024947 included, the amount shall not exceed the sum specified in the
50034948 version containing the item.
50044949 (5) If an item of appropriation appears in neither the
50054950 house nor the senate version of the bill, the item must not be
50064951 included in the conference committee report. However, the
50074952 conference committee report may include appropriations for
50084953 purposes or programs authorized by bills that have been passed and
50094954 sent to the governor and may include contingent appropriations for
50104955 purposes or programs authorized by bills that have been passed by at
50114956 least one house.
50124957 This rule shall be strictly construed by the presiding
50134958 officer in each house to achieve these purposes.
50144959 (c) Conference committees on tax bills, like other
50154960 conference committees, shall limit their discussions and their
50164961 actions solely to the matters in disagreement between the two
50174962 houses. In addition to the limitations contained elsewhere in the
50184963 rules, a conference committee on a tax bill shall be strictly
50194964 limited in its authority as follows:
50204965 (1) If a tax item appears in both house and senate
50214966 versions of the bill, the item must be included in the conference
50224967 committee report.
50234968 (2) If a tax item appears in both house and senate
50244969 versions of the bill, and in identical form and with identical
50254970 rates, no change can be made in the item or the rate provided.
50264971 (3) If a tax item appears in both house and senate
50274972 versions of the bill but at differing rates, no change can be made
50284973 in the item, but the rate shall be at the discretion of the
50294974 conference committee, provided that the rate shall not exceed the
50304975 higher version and shall not be less than the lower version.
50314976 (4) If a tax item appears in one version of the bill
50324977 and not in the other, the item can be included or omitted at the
50334978 discretion of the conference committee. If the item is included,
50344979 the rate shall not exceed the rate specified in the version
50354980 containing the item.
50364981 (5) If a tax item appears in neither the house nor the
50374982 senate version of the bill, the item must not be included in the
50384983 conference committee report.
50394984 This rule shall be strictly construed by the presiding
50404985 officer in each house to achieve these purposes.
50414986 (d) Conference committees on reapportionment bills, to the
50424987 extent possible, shall limit their discussions and their actions to
50434988 the matters in disagreement between the two houses. Since the
50444989 adjustment of one district in a reapportionment bill will
50454990 inevitably affect other districts, the strict rule of construction
50464991 imposed on other conference committees must be relaxed somewhat
50474992 when reapportionment bills are involved. Accordingly, the
50484993 following authority and limitations shall apply only to conference
50494994 committees on reapportionment bills:
50504995 (1) If the matters in disagreement affect only certain
50514996 districts, and other districts are identical in both house and
50524997 senate versions of the bill, the conference committee shall make
50534998 adjustments only in those districts whose rearrangement is
50544999 essential to the effective resolving of the matters in
50555000 disagreement. All other districts shall remain unchanged.
50565001 (2) If the matters in disagreement permeate the entire
50575002 bill and affect most, if not all, of the districts, the conference
50585003 committee shall have wide discretion in rearranging the districts
50595004 to the extent necessary to resolve all differences between the two
50605005 houses.
50615006 (3) Insofar as the actual structure of the districts
50625007 is concerned, and only to that extent, the provisions of Subsection
50635008 (a) of this section shall not apply to conference committees on
50645009 reapportionment bills.
50655010 (e) Conference committees on recodification bills, like
50665011 other conference committees, shall limit their discussions and
50675012 their actions solely to the matters in disagreement between the two
50685013 houses. The comprehensive and complicated nature of recodification
50695014 bills makes necessary the relaxing of the strict rule of
50705015 construction imposed on other conference committees only to the
50715016 following extent:
50725017 (1) If it develops in conference committee that
50735018 material has been inadvertently included in both house and senate
50745019 versions which properly has no place in the recodification, that
50755020 material may be omitted from the conference committee report, if by
50765021 that omission the existing statute is not repealed, altered, or
50775022 amended.
50785023 (2) If it develops in conference committee that
50795024 material has been inadvertently omitted from both the house and
50805025 senate versions which properly should be included if the
50815026 recodification is to achieve its purpose of being all-inclusive of
50825027 the statutes being recodified, that material may be added to the
50835028 conference committee report, if by the addition the existing
50845029 statute is merely restated without substantive change in existing
50855030 law.
50865031 (f) Limitations imposed on certain conference committees by
50875032 the provisions of this section may be suspended in part by
50885033 permission of the house to allow consideration of and action on a
50895034 specific matter or matters which otherwise would be prohibited.
50905035 Permission shall be granted only by resolution passed by majority
50915036 vote of the house. All such resolutions shall be privileged in
50925037 nature and need not be referred to a committee. The introduction of
50935038 such a resolution shall be announced from the house floor and the
50945039 resolution shall be eligible for consideration by the house:
50955040 (1) three hours after a copy of the resolution has been
50965041 distributed to each member; or
50975042 (2) for a resolution suspending limitations on a
50985043 conference committee considering the general appropriations bill,
50995044 48 hours in a regular session and 24 hours in a special session
51005045 after a copy of the resolution has been distributed to each member.
51015046 (g) The time at which the copies of such a resolution are
51025047 distributed to the members shall be time-stamped on the originals
51035048 of the resolution. The resolution shall specify in detail:
51045049 (1) the exact language of the matter or matters
51055050 proposed to be considered;
51065051 (2) the specific limitation or limitations to be
51075052 suspended;
51085053 (3) the specific action contemplated by the conference
51095054 committee;
51105055 (4) except for a resolution suspending the limitations
51115056 on the conferees for the general appropriations bill, the reasons
51125057 that suspension of the limitations is being requested; and
51135058 (5) a fiscal note distributed with the resolution
51145059 outlining the fiscal implications and probable cost of the items to
51155060 be included in the conference committee report that would otherwise
51165061 be prohibited but for the passage of the resolution.
51175062 (h) In the application of Subsection (g) of this section to
51185063 appropriations bills, the resolution:
51195064 (1) need not include changes in amounts resulting from
51205065 a proposed salary plan or changes in format that do not affect the
51215066 amount of an appropriation or the method of finance of an
51225067 appropriation, but shall include a general statement describing the
51235068 salary plan or format change;
51245069 (2) need not include differences in language which do
51255070 not affect the substance of the bill;
51265071 (3) if suspending a limitation imposed by Subsection
51275072 (b)(2), (3), (4), or (5) of this section, must specify the amount by
51285073 which the appropriation in the conference committee report is less
51295074 than or greater than the amount permitted for that item of
51305075 appropriation under Subsection (b) of this section; and
51315076 (4) shall be available in its entirety on the
51325077 electronic legislative information system that is accessible by the
51335078 general public.
51345079 (i) Permission granted by a resolution under Subsection (f)
51355080 of this section shall suspend the limitations only for the matter or
51365081 matters clearly specified in the resolution, and the action of the
51375082 conference committee shall be in conformity with the resolution.
51385083 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
51395084 conference committee reports must be printed and a copy furnished
51405085 to each member as provided by Rule 12, Section 1, at least 24 hours
51415086 before action can be taken on the report by the house during a
51425087 regular or special session.
51435088 (b) Three original copies of a conference committee report
51445089 shall be submitted to the chief clerk for printing. Each original
51455090 conference committee report shall contain the following:
51465091 (1) the signatures of the house conferees and senate
51475092 conferees who voted to adopt the conference committee report;
51485093 (2) the text of the bill or resolution as adopted by
51495094 the conference committee; and
51505095 (3) an analysis of the conference committee report as
51515096 required by Section 11 of this rule.
51525097 (c) Before action can be taken by the house on a conference
51535098 committee report on a bill or joint resolution, other than the
51545099 general appropriations bill, a fiscal note outlining the fiscal
51555100 implications and probable cost of the conference committee report
51565101 shall be submitted to the chief clerk, and a copy of the fiscal note
51575102 shall be distributed with the conference committee report on its
51585103 printing.
51595104 (d) Before a vote on the floor can be taken by the house on a
51605105 conference committee report on a bill or joint resolution for which
51615106 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
51625107 equity note estimating the general effects of the conference
51635108 committee report on the distribution of tax and fee burdens among
51645109 individuals and businesses shall be submitted to the chief clerk,
51655110 and a copy of the tax equity note shall be made available to each
51665111 member.
51675112 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
51685113 committees shall include an analysis showing wherein the report
51695114 differs from the house and senate versions of the bill, resolution,
51705115 or other matter in disagreement. The analysis of appropriations
51715116 bills shall show in dollar amounts the differences between the
51725117 conference committee report and the house and senate versions. No
51735118 conference committee report shall be considered by the house unless
51745119 such an analysis has been prepared and distributed to each member.
51755120 (b) The analysis shall to the extent practical indicate any
51765121 instance wherein the conference committee in its report appears to
51775122 have exceeded the limitations imposed on its jurisdiction by
51785123 Section 9 of this rule. An analysis and the conference committee
51795124 report in which the analysis is included are not subject to a point
51805125 of order due to a failure to comply with this subsection or due to a
51815126 mistake made in complying with this subsection.
51825127 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
51835128 report is not subject to amendment, but must be accepted or rejected
51845129 in its entirety. While a conference committee report is pending, a
51855130 motion to deal with individual amendments in disagreement is not in
51865131 order.
51875132 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
51885133 committee report is not acceptable to the house for any reason, it
51895134 may be recommitted to the same committee with the request for
51905135 further consideration, and the house may or may not give any
51915136 specific instructions on the report to the conference committee; or
51925137 the house may request the appointment by the senate of a new
51935138 conference committee and then proceed to empower the speaker to
51945139 name new conferees for the house.
51955140 RULE 14. GENERAL PROVISIONS
51965141 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
51975142 inexplicit on any question of order or parliamentary practice, the
51985143 Rules of the House of Representatives of the United States
51995144 Congress, and its practice as reflected in published precedents,
52005145 and Mason's Manual of Legislative Procedure shall be considered as
52015146 authority.
52025147 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
52035148 rules of the house shall be proposed by house resolutions which
52045149 shall be referred at once, without debate, to the Committee on House
52055150 Administration [Rules and Resolutions] for study and
52065151 recommendation.
52075152 (b) A resolution proposing an amendment to the rules shall
52085153 not be considered by the house until a printed copy of the
52095154 resolution has been provided to each member of the house at least 48
52105155 hours before consideration.
52115156 (c) Amendments to the rules shall require a majority vote of
52125157 the house for adoption.
52135158 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
52145159 the rules shall be in order at any time, except when motions to
52155160 adjourn or recess are pending, even when the house is operating
52165161 under the previous question. A motion to "suspend all rules" shall
52175162 be sufficient to suspend every rule under which the house is
52185163 operating for a particular purpose except the provisions of the
52195164 constitution and the joint rules of the two houses. If the rules
52205165 have been suspended on a main motion for a given purpose, no other
52215166 motion to suspend the rules on a main motion shall be in order until
52225167 the original purpose has been accomplished.
52235168 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
52245169 shall not be in order to move to suspend the rules or the regular
52255170 order of business to take up a measure out of its regular order, and
52265171 the speaker shall not recognize anyone for either purpose, unless
52275172 the speaker has announced to the house in session that the speaker
52285173 would recognize a member for that purpose at least one hour before
52295174 the member is so recognized to make the motion. In making the
52305175 announcement to the house, the speaker shall advise the house of the
52315176 member's name and the bill number, and this information, together
52325177 with the time that the announcement was made, shall be entered in
52335178 the journal. This rule may be suspended only by unanimous consent.
52345179 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
52355180 of the house may be suspended by an affirmative vote of two-thirds
52365181 of the members present. However, if a rule contains a specific
52375182 provision showing the vote by which that rule may be suspended, that
52385183 vote shall be required for the suspension of the rule. The specific
52395184 provision may not be suspended under the provisions of this
52405185 section.
52415186 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
52425187 measure taken up under suspension and not disposed of on the same
52435188 day shall go over as pending or unfinished business to the next day
52445189 that the house is in session, and shall be considered thereafter
52455190 from day to day (except the days used for the consideration of
52465191 senate bills) until disposed of.
52475192 [Sec. 7. COMMITTEE GIFTS. A member of the house may not
52485193 offer, confer, or agree to confer to a committee member one or more
52495194 gifts with a total value of more than $75 per year.
52505195 [Sec. 8. EXPLANATION OF THE FINAL RULING OF A POINT OF
52515196 ORDER. The speaker shall instruct the parliamentarian to provide
52525197 to each member a written explanation of the final ruling on a point
52535198 of order, including providing the citation of any house or
52545199 congressional precedents used in determining the ruling. The
52555200 explanation shall be provided to each member through the electronic
52565201 legislative information system not later than 24 hours after the
52575202 final ruling was announced before the house.]
52585203 RULE 15. APPROPRIATE WORKPLACE CONDUCT
52595204 Sec. 1. STATEMENT OF POLICY. (a) The house finds that:
52605205 (1) a safe and professional environment in which each
52615206 individual is treated with respect is essential for conducting the
52625207 legislative business of Texas;
52635208 (2) harassment based on an individual's
52645209 characteristics and activity protected by law is inconsistent with
52655210 the necessary safe and professional environment; and
52665211 (3) there is a need for policies designed to prevent
52675212 harassment and to appropriately address it if it occurs.
52685213 (b) The house declares that all forms of harassment
52695214 prohibited by law (including harassment by the making of a
52705215 complaint of harassment or discrimination or by participating in
52715216 the investigation of a complaint) are against the policy of the
52725217 house.
52735218 (c) Members, officers, and employees of the house are
52745219 expected to promote public confidence in the integrity of the house
52755220 by:
52765221 (1) conducting themselves in a manner that is free of
52775222 harassment in each setting related to the service of the member,
52785223 officer, or employee; and
52795224 (2) reporting any harassment in the workplace of which
52805225 they have direct, personal knowledge.
52815226 (d) This rule is the policy on which the house relies for
52825227 guidance in promoting appropriate workplace conduct. This rule is
52835228 not intended to, and does not, create an independent cause of
52845229 action, substantive or procedural, enforceable at law or in equity,
52855230 by any party against:
52865231 (1) the house or its officers, employees, or agents;
52875232 (2) the State of Texas or its departments, agencies,
52885233 entities, officers, employees, or agents; or
52895234 (3) any other person.
5290- Smithee
5291- ______________________________
5292- Speaker of the House
5293- I certify that H.R. No. 4 was adopted by the House on January
5294- 9, 2019, by the following vote: Yeas 142, Nays 0, 1 present, not
5295- voting.
5296- ______________________________
5297- Chief Clerk of the House