Texas 2021 - 87th Regular

Texas House Bill HR4 Compare Versions

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1-H.R. No. 4
1+87R7296 ESC/HLB/ISO
2+ By: Hunter H.R. No. 4
23
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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
7- House of Representatives of the 87th [86th] Legislature:
8+ House of Representatives of the 87th 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
1718 COMMITTEES 54
1819 5. FLOOR PROCEDURE 90
1920 6. ORDER OF BUSINESS AND CALENDARS 113
2021 7. MOTIONS 133
2122 8. BILLS 149
2223 9. JOINT RESOLUTIONS 165
2324 10. HOUSE RESOLUTIONS AND CONCURRENT
2425 RESOLUTIONS 167
2526 11. AMENDMENTS 170
2627 12. PRINTING 179
2728 13. INTERACTIONS WITH THE GOVERNOR
2829 AND SENATE 183
2930 14. GENERAL PROVISIONS 196
3031 15. APPROPRIATE WORKPLACE CONDUCT 198
3132 16. SPECIAL RULE200
3233 STATEMENT OF AUTHORIZATION AND PRECEDENCE
3334 Pursuant to and under the authority of Section 11, Article
3435 III, Texas Constitution, and notwithstanding any provision of
3536 statute, the House of Representatives adopts the following rules to
3637 govern its operations and procedures. The provisions of these
3738 rules shall be deemed the only requirements binding on the House of
3839 Representatives under Section 11, Article III, Texas Constitution,
3940 notwithstanding any other requirements expressed in statute.
4041 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
4142 CHAPTER A. DUTIES AS PRESIDING OFFICER
4243 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
4344 enforce, apply, and interpret the rules of the house in all
4445 deliberations of the house and shall enforce the legislative rules
4546 prescribed by the statutes and the Constitution of Texas.
4647 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
4748 each calendar day precisely at the hour to which the house adjourned
4849 or recessed at its last sitting and shall immediately call the
4950 members to order.
5051 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
5152 shall lay before the house its business in the order indicated by
5253 the rules and shall receive propositions made by members and put
5354 them to the house.
5455 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
5556 proposed legislation shall be referred by the speaker to an
5657 appropriate standing or select committee with jurisdiction,
5758 subject to correction by a majority vote of the house. A bill or
5859 resolution may not be referred simultaneously to more than one
5960 committee.
6061 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
6162 shall preserve order and decorum. In case of disturbance or
6263 disorderly conduct in the galleries or in the lobby, the speaker may
6364 order that these areas be cleared. No signs, placards, or other
6465 objects of similar nature shall be permitted in the rooms, lobby,
6566 gallery, and hall of the house. The speaker shall see that the
6667 members of the house conduct themselves in a civil manner in
6768 accordance with accepted standards of parliamentary conduct and
6869 may, when necessary, order the sergeant-at-arms to clear the aisles
6970 and seat the members of the house so that business may be conducted
7071 in an orderly manner.
7172 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
7273 request of a member, the speaker may recognize persons in the
7374 gallery. The speaker shall afford that recognition at a convenient
7475 place in the order of business, considering the need for order and
7576 decorum and the need for continuity of debate. The request must be
7677 made on a form prescribed by the Committee on House Administration.
7778 The speaker may recognize, at a time he or she considers appropriate
7879 during floor proceedings, the person serving as physician of the
7980 day.
8081 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
8182 rise to put a question but may state it sitting. The question shall
8283 be put substantially in this form: "The question occurs on
8384 ______" (here state the question or proposition under
8485 consideration). "All in favor say 'Aye,'" and after the affirmative
8586 vote is expressed, "All opposed say 'No.'" If the speaker is in
8687 doubt as to the result, or if a division is called for, the house
8788 shall divide: those voting in the affirmative on the question
8889 shall register "Aye" on the voting machine, and those voting in the
8990 negative on the question shall register "No." The decision of the
9091 house on the question shall be printed in the journal and shall
9192 include the yeas and nays if a record of the yeas and nays is ordered
9293 in accordance with the rules.
9394 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
9495 speaker shall have the same right as other members to vote. If the
9596 speaker, or a member temporarily presiding, has not voted, he or she
9697 may cast the deciding vote at the time such opportunity becomes
9798 official, whether to make or break a tie. If a verification of the
9899 vote is called for and granted, the decision of the speaker, or a
99100 member temporarily presiding, to cast the deciding vote need not be
100101 made until the verification has been completed. In case of error in
101102 a vote, if the correction leaves decisive effect to the vote of the
102103 speaker, or a member temporarily presiding, the deciding vote may
103104 be cast even though the result has been announced.
104105 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
105106 on all questions of order; however, such decisions are subject to an
106107 appeal to the house made by any 10 members. Pending an appeal, the
107108 speaker shall call a member to the chair, who shall not have the
108109 authority to entertain or decide any other matter or proposition
109110 until the appeal has first been determined by the house. The
110111 question on appeal is, "Shall the chair be sustained?"
111112 (b) No member shall speak more than once on an appeal unless
112113 given leave by a majority of the house. No motion shall be in order,
113114 pending an appeal, except a motion to adjourn, a motion to lay on
114115 the table, a motion for the previous question, or a motion for a
115116 call of the house. Responses to parliamentary inquiries and
116117 decisions of recognition made by the chair may not be appealed,
117118 except as provided by Rule 5, Section 24.
118119 (c) Further consideration of the matter or proposition that
119120 is the subject of a question of order is prohibited until the
120121 speaker decides the question of order and any appeal of that
121122 decision has been determined by the house. Consideration of any
122123 other matter or proposition is also prohibited while a question of
123124 order is pending, unless the question of order is temporarily
124125 withdrawn and the matter or proposition that is the subject of the
125126 question of order is postponed. Withdrawal of the question of order
126127 does not prevent any member from raising that question of order when
127128 the matter or proposition is again before the house.
128129 (d) A point of order raised as to a violation of a section of
129130 the rules governing committee reports, committee minutes, or
130131 accompanying documentation may be overruled if the purpose of that
131132 section of the rules has been substantially fulfilled and the
132133 violation does not deceive or mislead.
133134 (e) When a question of order is pending before the house,
134135 only the member who raised the question of order, and one other
135136 member designated by that member, and the primary proponent of the
136137 matter or proposition to which the question of order applies, and
137138 one other member designated by the proponent, may present arguments
138139 to the speaker or parliamentarian regarding the question of order.
139140 This subsection does not limit any remarks that a member may make
140141 before the full house if the member is recognized for that purpose.
141142 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
142143 CHAIR. The speaker shall have the right to name any member to
143144 perform the duties of the chair related to presiding over the
144145 deliberations of the house and may name a member to serve as speaker
145146 pro tempore by delivering a written order to the chief clerk and a
146147 copy to the journal clerk. A permanent speaker pro tempore shall,
147148 in the absence or inability of the speaker, call the house to order
148149 and perform all other duties of the chair in presiding over the
149150 deliberations of the house and perform other duties and exercise
150151 other responsibilities related to presiding over the deliberations
151152 of the house as may be assigned in writing by the speaker. If the
152153 house is not in session, and a permanent speaker pro tempore has not
153154 been named, or if the speaker pro tempore is not available or for
154155 any reason is not able to function, the speaker may deliver a
155156 written order to the chief clerk, with a copy to the journal clerk,
156157 naming the member who shall call the house to order and preside
157158 during the speaker's absence. The speaker pro tempore shall serve
158159 at the pleasure of the speaker. In the event of a vacancy in the
159160 office of speaker, the speaker pro tempore does not assume the
160161 office of speaker. The authority of the speaker pro tempore to
161162 perform the duties and exercise the responsibilities of the speaker
162163 is limited as provided by this section.
163164 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
164165 emergency of such compelling nature that the speaker must adjourn
165166 the house without fixing a date and hour of reconvening, the speaker
166167 shall have authority to determine the date and hour of reconvening
167168 and to notify the members of the house by any means the speaker
168169 considers adequate. Should the speaker be disabled or otherwise
169170 unable to exercise these emergency powers, the permanent speaker
170171 pro tempore, if one has been named, shall have authority to act. If
171172 there is no permanent speaker pro tempore, or if that officer is
172173 unable to act, authority shall be exercised by the chair of the
173174 Committee on State Affairs, who shall preside until the house can
174175 proceed to the selection of a temporary presiding officer to
175176 function until the speaker or the speaker pro tempore is again able
176177 to exercise the duties and responsibilities of the office.
177178 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
178179 not in session, if the speaker determines that it would be a hazard
179180 to the safety of the members, officers, employees, and others
180181 attending the legislature to reconvene at the time determined by
181182 the house at its last sitting, the speaker may clear the area of the
182183 capitol under the control of the house and postpone the reconvening
183184 of the house for a period of not more than 12 hours. On making that
184185 determination, the speaker shall order the sergeant-at-arms to post
185186 an assistant at each first floor entrance to the capitol and other
186187 places and advise all persons entering of the determination and the
187188 time set for the house to reconvene. The speaker shall also notify
188189 the journal clerk and the news media of the action, and the action
189190 shall be entered in the house journal.
190191 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
191192 resolutions, and concurrent resolutions shall be signed by the
192193 speaker in the presence of the house, as required by the
193194 constitution; and all writs, warrants, and subpoenas issued by
194195 order of the house shall be signed by the speaker and attested by
195196 the chief clerk, or the person acting as chief clerk.
196197 CHAPTER B. ADMINISTRATIVE DUTIES
197198 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
198199 have general control, except as otherwise provided by law, of the
199200 hall of the house, its lobbies, galleries, corridors, and passages,
200201 and other rooms in those parts of the capitol assigned to the use of
201202 the house; except that the hall of the house shall not be used for
202203 any meeting other than legislative meetings during any regular or
203204 special session of the legislature unless specifically authorized
204205 by resolution.
205206 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
206207 speaker shall designate the chair and vice-chair of each standing
207208 substantive committee and shall also appoint membership of the
208209 committee, subject to the provisions of Rule 4, Section 2.
209210 (b) If members of equal seniority request the same
210211 committee, the speaker shall decide which among them shall be
211212 assigned to that committee.
212213 (c) In announcing the membership of the standing
213214 substantive committees, the speaker shall designate which are
214215 appointees and which acquire membership by seniority.
215216 (d) The speaker shall appoint the chair and vice-chair of
216217 each standing procedural committee and the remaining membership of
217218 the committee.
218219 (e) If a new speaker is elected to fill a vacancy in the
219220 office after the appointment of standing committees, the new
220221 speaker may not alter the composition of any standing committee
221222 before the end of the session, except that the new speaker may:
222223 (1) vacate the new speaker's membership on any
223224 committee;
224225 (2) make committee appointments for the member who was
225226 removed as speaker;
226227 (3) designate a different member of a standing
227228 committee as committee chair; and
228229 (4) fill vacancies that occur on a committee.
229230 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
230231 COMMITTEES. (a) The speaker shall appoint all conference
231232 committees. The speaker shall name the chair of each conference
232233 committee, and may also name the vice-chair thereof.
233234 (b) The speaker may at any time by proclamation create a
234235 select committee. The speaker shall name the chair and vice-chair
235236 thereof. A select committee has the jurisdiction, authority, and
236237 duties and exists for the period of time specified in the
237238 proclamation. A select committee has the powers granted by these
238239 rules to a standing committee except as limited by the
239240 proclamation. A copy of each proclamation creating a select
240241 committee shall be filed with the chief clerk.
241242 Sec. 17. INTERIM STUDIES. When the legislature is not in
242243 session, the speaker shall have the authority to direct committees
243244 to make interim studies for such purposes as the speaker may
244245 designate, and the committees shall meet as often as necessary to
245246 transact effectively the business assigned to them. The speaker
246247 shall provide to the chief clerk a copy of interim charges made to a
247248 standing or select committee.
248249 CHAPTER C. CAMPAIGNS FOR SPEAKER
249250 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
250251 SESSION. During a regular session of the legislature a member may
251252 not solicit written pledges from other members for their support of
252253 or promise to vote for any person for the office of speaker.
253254 RULE 2. OFFICERS AND EMPLOYEES
254255 CHAPTER A. DUTIES OF OFFICERS OF THE HOUSE
255256 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
256257 (1) be the custodian of all bills, resolutions, and
257258 amendments;
258259 (2) number in the order of their filing, with a
259260 separate sequence for each category, all bills, joint resolutions,
260261 concurrent resolutions, and house resolutions;
261262 (3) provide for the keeping of a complete record of
262263 introduction and action on all bills and resolutions, including the
263264 number, author, brief description of the subject matter, committee
264265 reference, and the time sequence of action taken on all bills and
265266 resolutions to reflect at all times their status in the legislative
266267 process;
267268 (4) on the day of numbering a bill relating to a
268269 conservation and reclamation district created under Article XVI,
269270 Section 59, of the Texas Constitution, send two copies of the bill,
270271 with two copies of the notice of intention to introduce the bill, to
271272 the governor and notify the journal clerk of the action;
272273 (5) receive the recommendations of the Texas
273274 Commission on Environmental Quality on a bill forwarded to the
274275 commission under Article XVI, Section 59, of the Texas
275276 Constitution, attach them to the bill to which they apply, and
276277 notify the journal clerk that the recommendations have been filed;
277278 (6) forward to a committee chair in an electronic or
278279 other format determined by the chief clerk a certified copy of each
279280 legislative document referred to the committee, including all
280281 official attachments to the document;
281282 (7) have printed and distributed correct copies of all
282283 legislative documents, as provided in the subchapter on printing,
283284 and keep an exact record of the date and hour of transmittal to the
284285 printer, return from the printer, and distribution of the document
285286 to members of the house with that information time-stamped on the
286287 originals of the document;
287288 (8) certify the passage of bills and resolutions,
288289 noting on them the date of passage and the vote by which passed,
289290 including the yeas and nays if a record of the yeas and nays is
290291 ordered;
291292 (9) be responsible for engrossing all house bills and
292293 resolutions that have passed second reading and those that have
293294 passed third reading, and for enrolling all house bills and
294295 resolutions that have passed both houses.
295296 All engrossed and enrolled documents shall be prepared
296297 without erasures, interlineations, or additions in the margin.
297298 House concurrent resolutions passed without amendment
298299 shall not be engrossed but shall be certified and forwarded
299300 directly to the senate.
300301 Engrossed riders may be used in lieu of full engrossment
301302 on second reading passage;
302303 (10) be authorized to amend the caption to conform to
303304 the body of each house bill and joint resolution ordered engrossed
304305 or enrolled;
305306 (11) be responsible for noting on each house bill or
306307 joint resolution, for certification by the speaker of the house,
307308 the lieutenant governor, the chief clerk of the house, and the
308309 secretary of the senate, the following information:
309310 (A) date of final passage, and the vote on final
310311 passage, including the yeas and nays if a record of the yeas and
311312 nays is ordered. If the bill was amended in the senate, this fact
312313 shall also be noted;
313314 (B) date of concurrence by the house in senate
314315 amendments, and the vote on concurrence, including the yeas and
315316 nays if a record of the yeas and nays is ordered;
316317 (C) date of adoption by each house of a
317318 conference committee report and the vote on adoption, including the
318319 yeas and nays if a record of the yeas and nays is ordered;
319320 (D) that a bill containing an appropriation was
320321 passed subject to the provisions of Article III, Section 49a, of the
321322 Texas Constitution; and
322323 (E) that a concurrent resolution was adopted by
323324 both houses directing the correction of an enrolled bill, if
324325 applicable;
325326 (12) transmit over signature all messages from the
326327 house to the senate, including typewritten copies of amendments to
327328 senate bills;
328329 (13) prepare copies of senate amendments to house
329330 bills for the journal before the amendments and the bill or
330331 resolution to which they relate are sent to the printer or to the
331332 speaker;
332333 (14) notify the speaker in writing that the senate did
333334 not concur in house amendments to a bill or resolution and requests
334335 a conference committee, and include in this notice the names of the
335336 senate conferees;
336337 (15) provide a certified copy of a house bill or
337338 resolution which may be lost showing each parliamentary step taken
338339 on the bill; and
339340 (16) request fiscal notes on house bills and joint
340341 resolutions with senate amendments and distribute fiscal notes on
341342 house bills and joint resolutions with senate amendments and
342343 conference committee reports as required by Rule 13, Sections 5 and
343344 10.
344345 (b) The chief clerk shall also:
345346 (1) attest all writs, warrants and subpoenas issued by
346347 order of the house;
347348 (2) receive reports of select committees and forward
348349 copies to the speaker and journal clerk;
349350 (3) not later than 30 days after the close of each
350351 session, acquire from each of the various clerks of the house,
351352 except the journal clerk, all reports, records, bills, papers, and
352353 other documents remaining in their possession and file them with
353354 the Legislative Reference Library, unless otherwise provided by
354355 law;
355356 (4) receive and file all other documents required by
356357 law or by the rules of the house;
357358 (5) prepare a roster of members in order of seniority
358359 showing the number of years of service of each member, as provided
359360 in Rule 4, Section 2; and
360361 (6) have posted the list of Items Eligible for
361362 Consideration as required by the rules.
362363 (c) The chief clerk shall also provide for the following to
363364 be made available on the electronic legislative information system:
364365 (1) all house calendars and lists of items eligible
365366 for consideration and the time-stamp information for those
366367 calendars and lists; and
367368 (2) the time-stamp information for all official
368369 printings of bills and resolutions.
369370 (d) The chief clerk shall provide notice to a Capitol e-mail
370371 address designated by each member when a new house calendar or list
371372 of items eligible for consideration is posted on the electronic
372373 legislative information system. If a member informs the chief
373374 clerk that the member also desires to receive a paper copy of house
374375 calendars or lists of items eligible for consideration, the chief
375376 clerk shall place paper copies of those documents designated by the
376377 member in the newspaper box of the member as soon as practicable
377378 after the electronic copies are posted.
378379 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
379380 (1) keep a journal of the proceedings of the house,
380381 except when the house is acting as a committee of the whole, and
381382 enter the following:
382383 (A) the number, author, and caption of every bill
383384 introduced;
384385 (B) descriptions of all congratulatory and
385386 memorial resolutions on committee report, motions, amendments,
386387 questions of order and decisions on them, messages from the
387388 governor, and messages from the senate;
388389 (C) the summaries of congratulatory and memorial
389390 resolutions, as printed on the congratulatory and memorial
390391 calendar;
391392 (D) the number of each bill, joint resolution,
392393 and concurrent resolution signed in the presence of the house;
393394 (E) a listing of reports made by standing
394395 committees;
395396 (F) reports of select committees, when ordered by
396397 the house;
397398 (G) every vote where a record of the yeas and nays
398399 is ordered or registration of the house with a concise statement of
399400 the action and the result;
400401 (H) the names of all absentees, both excused and
401402 not excused;
402403 (I) senate amendments to house bills or
403404 resolutions, when concurred in by the house;
404405 (J) the date each bill is transmitted to the
405406 governor;
406407 (K) the date recommendations of the Texas
407408 Commission on Environmental Quality on each bill subject to Article
408409 XVI, Section 59, of the Texas Constitution, are filed with the chief
409410 clerk;
410411 (L) all pairs as a part of a vote where a record
411412 of the yeas and nays is ordered;
412413 (M) reasons for a vote;
413414 (N) the vote of a member on any question where a
414415 record of the yeas and nays has not been ordered;
415416 (O) the statement of a member who was absent when
416417 a vote was taken indicating how the member would have voted;
417418 (P) official state documents, reports, and other
418419 matters, when ordered by the house; and
419420 (Q) the written copy of the speaker's ruling on a
420421 point of order, which includes the citation of the authorities
421422 relied upon in the grounds for decision, as provided in Section
422423 9(b-1) of this rule;
423424 (2) prepare a daily journal for each calendar day that
424425 the house is in session and distribute on the succeeding calendar
425426 day or the earliest possible date copies to the members of the house
426427 who have submitted requests to the journal clerk to receive a copy;
427428 and
428429 (3) prepare and have printed a permanent house journal
429430 of regular and special sessions in accordance with the law and the
430431 following provisions:
431432 (A) When completed, no more than 300 copies shall
432433 be bound and distributed as follows:
433434 (i) one copy to each member of the house of
434435 representatives who submitted a request to the journal clerk to
435436 receive a copy;
436437 (ii) one copy to each member of the senate
437438 who submitted a request to the journal clerk to receive a copy; and
438439 (iii) the remainder of the copies to be
439440 distributed by the Committee on House Administration.
440441 (B) The journal clerk shall not receive or
441442 receipt for the permanent house journal until it has been correctly
442443 published.
443444 (b) The journal clerk shall lock the voting machine of each
444445 member who is excused or who is otherwise known to be absent when
445446 the house is in session until the member personally requests that
446447 the machine be unlocked.
447448 (c) The journal clerk shall determine and enter in the
448449 journal the clock of record for the house and that clock may not be
449450 delayed, set back, or otherwise tampered with to deviate from the
450451 standard time, as provided by statute, for the place where the house
451452 is meeting. The journal clerk shall enter in the journal the time
452453 according to the clock of record when the house convenes, recesses,
453454 and adjourns. A motion to suspend this rule must be decided by a
454455 record vote.
455456 Sec. 3. READING CLERKS. The reading clerks, under the
456457 supervision of the speaker, shall:
457458 (1) call the roll of the house in alphabetical order
458459 when ordered to do so by the speaker; and
459460 (2) read all bills, resolutions, motions, and other
460461 matters required by the rules or directed by the speaker.
461462 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
462463 (1) under the direction of the speaker, have charge of
463464 and maintain order in the hall of the house, its lobbies and
464465 galleries, and all other rooms in the capitol assigned for the use
465466 of the house of representatives;
466467 (2) attend the house and the committee of the whole
467468 during all meetings and maintain order under the direction of the
468469 speaker or other presiding officer;
469470 (3) execute the commands of the house and serve the
470471 writs and processes issued by the authority of the house and
471472 directed by the speaker;
472473 (4) supervise assistants to the sergeant-at-arms who
473474 shall aid in the performance of prescribed duties and have the same
474475 authority, subject to the control of the speaker;
475476 (5) clear the floor of the house of all persons not
476477 entitled to the privileges of the floor at least 30 minutes prior to
477478 the convening of each session of the house;
478479 (6) bring in absent members when so directed under a
479480 call of the house;
480481 (7) not allow the distribution of any printed matter
481482 in the hall of the house, other than newspapers that have been
482483 published at least once a week for a period of one year, unless it
483484 first has been authorized in writing by at least one member of the
484485 house and the name of the member appears on the printed matter. The
485486 sergeant-at-arms shall refuse to accept for distribution any
486487 printed matter which does not bear the name of the member or members
487488 authorizing the distribution;
488489 (8) keep a copy of written authorization and a record
489490 of the matter distributed in the permanent files of the house;
490491 (9) enforce parking regulations applicable to areas of
491492 the capitol complex under the control of the house and supervise
492493 parking attendants;
493494 (10) provide for issuance of an identification card to
494495 each member and employee of the house; and
495496 (11) supervise the doorkeeper.
496497 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
497498 of the sergeant-at-arms, shall:
498499 (1) enforce strictly the rules of the house relating
499500 to privileges of the floor and perform other duties as directed by
500501 the speaker;
501502 (2) close the main entrance and permit no member to
502503 leave the house without written permission from the speaker when a
503504 call of the house or a call of the committee of the whole is ordered,
504505 take up permission cards as members leave the hall, and take up
505506 permission cards of those who are admitted to the floor of the house
506507 under the rules and practice of the house;
507508 (3) obtain recognition from the speaker and announce a
508509 messenger from the governor or the senate on arrival at the bar of
509510 the house; and
510511 (4) obtain recognition from the speaker and announce
511512 the arrival of the governor or the senate on arrival at the bar of
512513 the house for official proceedings in the house.
513514 Sec. 6. CHAPLAIN. The chaplain shall open the first
514515 session on each calendar day with a prayer and shall perform such
515516 other duties as directed by the Committee on House Administration.
516517 Sec. 7. VOTING CLERK. The voting clerk, under the
517518 supervision of the speaker, shall:
518519 (1) open and close the voting machine on registrations
519520 and record votes as ordered by the speaker;
520521 (2) record votes from the floor as directed by the
521522 speaker;
522523 (3) prepare official copies of all record votes for
523524 the journal; and
524525 (4) make no additions, subtractions, or other changes
525526 in any registration or record vote unless specifically granted
526527 permission by the house or directed by the speaker prior to the
527528 announcement of the final result.
528529 Sec. 8. COMMITTEE COORDINATOR. (a) The committee
529530 coordinator shall:
530531 (1) under the direction of the Committee on House
531532 Administration, prepare a schedule for regular meetings of all
532533 standing committees as provided by Rule 4, Section 8(a);
533534 (2) post committee meeting notices, as directed by the
534535 chair of a committee, in accordance with Rule 4, Section 11(a);
535536 (3) maintain duplicate originals of committee minutes
536537 as required by Rule 4, Sections 18(c) and (d);
537538 (4) direct the maintenance of sworn statements either
538539 in electronic or paper format and, under the direction of the
539540 Committee on House Administration, prescribe the form of those
540541 statements, as required by Rule 4, Sections 20(a) and (c);
541542 (5) receive and forward impact statements as required
542543 by Rule 4, Section 34(e);
543544 (6) receive committee reports as required by Rule 4,
544545 Section 37, and refer them for printing as provided by Rule 6,
545546 Section 19; and
546547 (7) receive and distribute the recommendations and
547548 final reports of interim study committees as provided by Rule 4,
548549 Section 61.
549550 (b) The committee coordinator may exclude from the
550551 committee coordinator's office or refuse to interact with a member
551552 or a member's staff if the member or member's staff engages in
552553 abusive, harassing, or threatening behavior.
553554 Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not
554555 more than two individuals to serve as parliamentarians. The
555556 parliamentarians are officers of the house who serve at the
556557 pleasure of the speaker. The parliamentarians shall advise and
557558 assist the presiding officer and the members of the house on matters
558559 of procedure. The parliamentarians have a duty of confidentiality
559560 to the speaker and to each member of the house and shall keep
560561 confidential all requests made by members of the house for advice or
561562 guidance regarding procedure unless the parties otherwise agree.
562563 (b) After the initial appointment of the parliamentarians
563564 by the speaker, the appointment of a new parliamentarian to fill a
564565 vacancy must be approved by a majority of the membership of the
565566 house if the appointment is made during a regular or special
566567 session. If the appointment to fill the vacancy is made when the
567568 house is not in session, the appointment must be approved by a
568569 majority of the membership not later than the third day of the first
569570 special session that occurs after the date the appointment is made.
570571 If no special session occurs after the appointment, approval by the
571572 membership is not required.
572573 (b-1) The speaker shall instruct the parliamentarians to
573574 provide to each member a written copy of the speaker's ruling on a
574575 point of order, including the citation of the authorities relied
575576 upon in the grounds for decision. The written ruling shall be
576577 provided to each member through the electronic legislative
577578 information system not later than 24 hours after the ruling is
578579 announced in the house.
579580 (c) In the event of a conflict between this section and the
580581 housekeeping resolution, this section controls.
581582 CHAPTER B. OTHER EMPLOYEES
582583 Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
583584 (a) Communications between an attorney employed by the Texas
584585 Legislative Council and the speaker, another member of the house,
585586 or an employee of a member or committee of the house are
586587 confidential in accordance with the rules and laws concerning
587588 attorney-client privilege.
588589 (b) Communications between any employee of the Texas
589590 Legislative Council and the speaker, another member of the house,
590591 or an employee of a member or committee of the house are
591592 confidential. The General Investigating Committee of the House may
592593 investigate an alleged violation of this subsection.
593594 (c) This section does not prohibit the speaker, member, or
594595 committee from waiving a privilege as otherwise permitted by law or
595596 from waiving confidentiality under this section.
596597 RULE 3. STANDING COMMITTEES
597598 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
598599 have nine members, with jurisdiction over all matters pertaining
599600 to:
600601 (1) agriculture, horticulture, and farm husbandry;
601602 (2) livestock and stock raising, and the livestock
602603 industry;
603604 (3) the development and preservation of forests, and
604605 the regulation, control, and promotion of the lumber industry;
605606 (4) problems and issues particularly affecting rural
606607 areas of the state, including issues related to rural economic
607608 development and the provision of and access to infrastructure,
608609 education, and health services; and
609610 (5) the following state agencies: the Department of
610611 Agriculture, the Texas Animal Health Commission, the State Soil and
611612 Water Conservation Board, the Texas A&M Forest Service, the Texas
612613 administrator for the South Central Interstate Forest Fire
613614 Protection Compact, the Texas Apiary Inspection Service, Texas A&M
614615 AgriLife Research, the Texas A&M AgriLife Extension Service, the
615616 Food and Fibers Research Council, the State Seed and Plant Board,
616617 the State Board of Veterinary Medical Examiners, the Texas A&M
617618 Veterinary Medical Diagnostic Laboratory, the Produce Recovery
618619 Fund Board, the board of directors of the Texas Boll Weevil
619620 Eradication Foundation, Inc., and the Texas Wildlife Services.
620621 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
621622 members, with jurisdiction over:
622623 (1) all bills and resolutions appropriating money from
623624 the state treasury;
624625 (2) all bills and resolutions containing provisions
625626 resulting in automatic allocation of funds from the state treasury;
626627 (3) all bills and resolutions diverting funds from the
627628 state treasury or preventing funds from going in that otherwise
628629 would be placed in the state treasury; and
629630 (4) all matters pertaining to claims and accounts
630631 filed with the legislature against the state unless jurisdiction
631632 over those bills and resolutions is specifically granted by these
632633 rules to some other standing committee.
633634 (b) The appropriations committee may comment upon any bill
634635 or resolution containing a provision resulting in an automatic
635636 allocation of funds.
636637 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
637638 nine members, with jurisdiction over all matters pertaining to:
638639 (1) industry and manufacturing;
639640 (2) industrial safety and adequate and safe working
640641 conditions, and the regulation and control of those conditions;
641642 (3) hours, wages, collective bargaining, and the
642643 relationship between employers and employees;
643644 (4) unemployment compensation, including coverage,
644645 benefits, taxes, and eligibility;
645646 (5) labor unions and their organization, control,
646647 management, and administration;
647648 (6) the regulation of business transactions and
648649 transactions involving property interests;
649650 (7) the organization, incorporation, management, and
650651 regulation of private corporations and professional associations
651652 and the Uniform Commercial Code and the Business Organizations
652653 Code;
653654 (8) the protection of consumers, governmental
654655 regulations incident thereto, the agencies of government
655656 authorized to regulate such activities, and the role of the
656657 government in consumer protection;
657658 (9) privacy and identity theft;
658659 (10) homeowners' associations;
659660 (11) oversight and regulation of the construction
660661 industry; and
661662 (12) the following state agencies: the State Office of
662663 Risk Management, the Risk Management Board, the Division of
663664 Workers' Compensation of the Texas Department of Insurance, the
664665 Workers' compensation research and evaluation group in the Texas
665666 Department of Insurance, the Office of Injured Employee Counsel,
666667 including the ombudsman program of that office, and the Texas
667668 Mutual Insurance Company Board of Directors.
668669 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
669670 11 members, with jurisdiction over:
670671 (1) the placement of bills and resolutions on
671672 appropriate calendars, except those within the jurisdiction of the
672673 Committee on Resolutions Calendars;
673674 (2) the determination of priorities and proposal of
674675 rules for floor consideration of such bills and resolutions; and
675676 (3) all other matters concerning the calendar system
676677 and the expediting of the business of the house as may be assigned
677678 by the speaker.
678679 Sec. 5. CORRECTIONS. The committee shall have nine
679680 members, with jurisdiction over all matters pertaining to:
680681 (1) the incarceration and rehabilitation of convicted
681682 felons;
682683 (2) the establishment and maintenance of programs that
683684 provide alternatives to incarceration; and
684685 (3) the following state agencies: the Texas
685686 Department of Criminal Justice, the Special Prosecution Unit, the
686687 Board of Pardons and Paroles, the Texas Civil Commitment Office,
687688 and the Texas Correctional Office on Offenders with Medical or
688689 Mental Impairments.
689690 Sec. 6. COUNTY AFFAIRS. The committee shall have nine
690691 members, with jurisdiction over all matters pertaining to:
691692 (1) counties, including their organization, creation,
692693 boundaries, government, and finance and the compensation and duties
693694 of their officers and employees;
694695 (2) establishing districts for the election of
695696 governing bodies of counties;
696697 (3) regional councils of governments;
697698 (4) multicounty boards or commissions;
698699 (5) relationships or contracts between counties;
699700 (6) other units of local government; and
700701 (7) the following state agency: the Commission on
701702 Jail Standards.
702703 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
703704 nine members, with jurisdiction over all matters pertaining to:
704705 (1) criminal law, prohibitions, standards, and
705706 penalties;
706707 (2) probation and parole;
707708 (3) criminal procedure in the courts of Texas;
708709 (4) revision or amendment of the Penal Code; and
709710 (5) the following state agencies: the Office of State
710711 Prosecuting Attorney and the Texas State Council for Interstate
711712 Adult Offender Supervision.
712713 Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
713714 shall have nine members, with jurisdiction over:
714715 (1) the creation, operation, and control of state
715716 parks, including the development, maintenance, and operation of
716717 state parks in connection with the sales and use tax imposed on
717718 sporting goods, but not including any matter within the
718719 jurisdiction of the Committee on Appropriations;
719720 (2) the regulation and control of the propagation and
720721 preservation of wildlife and fish in the state;
721722 (3) the development and regulation of the fish and
722723 oyster industries of the state;
723724 (4) hunting and fishing in the state, and the
724725 regulation and control thereof, including the imposition of fees,
725726 fines, and penalties relating to that regulation;
726727 (5) the regulation of other recreational activities;
727728 (6) cultural resources and their promotion,
728729 development, and regulation;
729730 (7) historical resources and their promotion,
730731 development, and regulation;
731732 (8) promotion and development of Texas' image and
732733 heritage;
733734 (9) preservation and protection of Texas' shrines,
734735 monuments, and memorials;
735736 (10) international and interstate tourist promotion
736737 and development;
737738 (11) the Texas Economic Development and Tourism Office
738739 as it relates to the subject-matter jurisdiction of this committee;
739740 (12) the Gulf States Marine Fisheries Compact; and
740741 (13) the following state agencies: the Parks and
741742 Wildlife Department, the Texas Commission on the Arts, the State
742743 Cemetery Committee, the Texas State Library and Archives
743744 Commission, the Texas Historical Commission, the State
744745 Preservation Board, [the San Jacinto Historical Advisory Board,]
745746 and an office of state government to the extent the office promotes
746747 the Texas music industry.
747748 Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
748749 have nine members, with jurisdiction over all matters pertaining
749750 to:
750751 (1) the relations between the State of Texas and the
751752 federal government involving defense, emergency preparedness, and
752753 veterans issues;
753754 (2) the various branches of the military service of
754755 the United States;
755756 (3) the realignment or closure of military bases;
756757 (4) the defense of the state and nation, including
757758 terrorism response;
758759 (5) emergency preparedness;
759760 (6) veterans of military and related services; and
760761 (7) the following state agencies: the Texas Military
761762 Department, the Texas Veterans Commission, the Veterans' Land
762763 Board, the Texas Military Preparedness Commission, the Texas
763764 Division of Emergency Management, and the Emergency Management
764765 Council.
765766 Sec. 10. ELECTIONS. The committee shall have nine members,
766767 with jurisdiction over all matters pertaining to:
767768 (1) the right of suffrage in Texas;
768769 (2) primary, special, and general elections;
769770 (3) revision, modification, amendment, or change of
770771 the Election Code;
771772 (4) the secretary of state in relation to elections;
772773 (5) campaign finance; and
773774 (6) the following state agency: the Office of the
774775 Secretary of State.
775776 Sec. 11. ENERGY RESOURCES. The committee shall have 11
776777 members, with jurisdiction over all matters pertaining to:
777778 (1) the conservation of the energy resources of Texas;
778779 (2) the production, regulation, transportation, and
779780 development of oil, gas, and other energy resources;
780781 (3) mining and the development of mineral deposits
781782 within the state;
782783 (4) the leasing and regulation of mineral rights under
783784 public lands;
784785 (5) pipelines, pipeline companies, and all others
785786 operating as common carriers in the state;
786787 (6) electric utility regulation as it relates to
787788 energy production and consumption;
788789 (7) identifying, developing, and using alternative
789790 energy sources;
790791 (8) increasing energy efficiency throughout the
791792 state;
792793 (9) the coordination of the state's efforts related to
793794 the federal designation of threatened and endangered species as it
794795 relates to energy resources in the state; and
795796 (10) the following state agencies: the Railroad
796797 Commission of Texas, the Texas representative for the Interstate
797798 Oil and Gas Compact Commission, the Office of Interstate Mining
798799 Compact Commissioner for Texas, the State Energy Conservation
799800 Office, and the Office of Southern States Energy Board Member for
800801 Texas.
801802 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall
802803 have nine members, with jurisdiction over all matters pertaining
803804 to:
804805 (1) air, land, and water pollution, including the
805806 environmental regulation of industrial development;
806807 (2) the regulation of waste disposal;
807808 (3) environmental matters that are regulated by the
808809 Department of State Health Services or the Texas Commission on
809810 Environmental Quality;
810811 (4) oversight of the Texas Commission on Environmental
811812 Quality as it relates to environmental regulation; and
812813 (5) the following state agency: the Texas Low-Level
813814 Radioactive Waste Disposal Compact Commission.
814815 Sec. 13. GENERAL INVESTIGATING (PROCEDURAL). (a) The
815816 committee shall have five members of the house appointed by the
816817 speaker. The speaker shall appoint the chair and the vice-chair of
817818 the committee.
818819 (b) The committee has all the powers and duties of a general
819820 investigating committee and shall operate as the general
820821 investigating committee of the house according to the procedures
821822 prescribed by Subchapter B, Chapter 301, Government Code, and the
822823 rules of the house, as applicable.
823824 (b-1) The committee may begin work as soon as it desires
824825 after its members are appointed. The committee shall meet,
825826 organize, and adopt rules of evidence and procedure and any other
826827 necessary rules. The committee rules may not conflict with Section
827828 301.025, Government Code.
828829 (b-2) Whether or not the legislature is in session, the
829830 committee may meet at any time or place in the state determined
830831 necessary by the committee.
831832 (b-3) If the committee decides not to conduct joint hearings
832833 as provided by Section 301.019, Government Code, the committee
833834 shall establish a liaison to fully inform the chair of the senate
834835 committee of the nature and progress of any inquiry by the other
835836 committee.
836837 (b-4) On a majority vote of the committee, the committee may
837838 conduct joint hearings and investigations.
838839 (b-5) The committee may:
839840 (1) initiate or continue inquiries and hearings
840841 concerning:
841842 (A) state government;
842843 (B) any agency or subdivision of government
843844 within the state;
844845 (C) the expenditure of public funds at any level
845846 of government within the state; and
846847 (D) any other matter the committee considers
847848 necessary for the information of the legislature or for the welfare
848849 and protection of state citizens; and
849850 (2) inspect the records, documents, and files and may
850851 examine the duties, responsibilities, and activities of each state
851852 department, agency, and officer and of each municipality, county,
852853 or other political subdivision of the state.
853854 (b-6) If a person disobeys a subpoena or other process that
854855 the committee lawfully issues, the committee may cite the person
855856 for contempt and cause the person to be prosecuted for contempt
856857 according to the procedure prescribed by Subchapter B, Chapter 301,
857858 Government Code, or by other law.
858859 (b-7) The committee shall make reports to members of the
859860 legislature that the committee determines are necessary and
860861 appropriate.
861862 (b-8) Information held by the committee that if held by a
862863 law enforcement agency or prosecutor would be excepted from the
863864 requirements of Section 552.021, Government Code, under Section
864865 552.108 of that code is confidential and not subject to public
865866 disclosure.
866867 (b-9) If for any reason it is necessary to obtain assistance
867868 in addition to the services provided by the state auditor, attorney
868869 general, Texas Legislative Council, or Department of Public Safety,
869870 the committee may employ and compensate assistants to assist in any
870871 investigation, audit, or legal matter.
871872 (c) The committee may investigate a matter related to the
872873 misconduct, malfeasance, misfeasance, abuse of office, or
873874 incompetency of an individual or officer under Chapter 665,
874875 Government Code. The committee has all the powers and duties
875876 conferred by that chapter for the purpose of conducting the
876877 investigation, including the authority to propose articles of
877878 impeachment.
878879 (d) The committee has original jurisdiction over the
879880 receipt, processing, investigation, and resolution of complaints
880881 related to appropriate workplace conduct under Rule 15, the
881882 housekeeping resolution, and policies adopted by the Committee on
882883 House Administration. If a complaint relates to the conduct of a
883884 member of the committee, that member's employee, or an individual
884885 related to the member or the member's employee within the third
885886 degree by consanguinity or within the second degree by affinity as
886887 determined under Chapter 573, Government Code:
887888 (1) the member shall not participate in any committee
888889 proceedings related to the complaint; and
889890 (2) the speaker shall designate a member of the house
890891 drawn by lot under Subsection (e) of this section to act in the
891892 place of the disqualified member. The designation of a member under
892893 this subsection ends when the committee makes its final disposition
893894 of the complaint.
894895 (e) When a member of the committee is disqualified under
895896 Subsection (d) of this section, the chief clerk shall prepare a list
896897 of the currently qualified members of the house, omitting the names
897898 of the speaker, the disqualified member, each other member of the
898899 committee, and any member elected from the same county as the
899900 disqualified member. The chief clerk shall write on a separate
900901 piece of paper of uniform size and color the name of each member
901902 that appears on the prepared list. The chief clerk shall deposit
902903 the pieces of paper in an opaque container that is designed to
903904 permit the random distribution of the pieces of paper after their
904905 initial deposit and to prevent the viewing of any of the pieces of
905906 paper at any time. After the pieces of paper are randomly
906907 distributed in the container, the sergeant-at-arms shall draw a
907908 single piece of paper and deliver that piece of paper to the chief
908909 clerk. The chief clerk shall inform the speaker of the name drawn
909910 by the sergeant-at-arms for designation under Subsection (d).
910911 Sec. 14. HIGHER EDUCATION. The committee shall have 11
911912 members, with jurisdiction over all matters pertaining to:
912913 (1) education beyond high school;
913914 (2) the colleges and universities of the State of
914915 Texas; and
915916 (3) the following state agencies: the Texas A&M
916917 Engineering Experiment Station, the Texas A&M Engineering
917918 Extension Service, the Texas Higher Education Coordinating Board,
918919 the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
919920 Education Tuition Board, and the Texas A&M Transportation
920921 Institute.
921922 Sec. 15. HOMELAND SECURITY AND PUBLIC SAFETY. The
922923 committee shall have nine members, with jurisdiction over all
923924 matters pertaining to:
924925 (1) law enforcement;
925926 (2) the prevention of crime and the apprehension of
926927 criminals;
927928 (3) the provision of security services by private
928929 entities;
929930 (4) homeland security, including:
930931 (A) the defense of the state and nation,
931932 including terrorism response; and
932933 (B) disaster mitigation, preparedness, response,
933934 and recovery; and
934935 (5) the following state agencies: the Texas Commission
935936 on Law Enforcement, the Department of Public Safety, the Texas
936937 Division of Emergency Management, the Emergency Management
937938 Council, the Texas Forensic Science Commission, the Texas Military
938939 Preparedness Commission, [the Texas Private Security Board,] the
939940 Commission on State Emergency Communications, and the Texas Crime
940941 Stoppers Council.
941942 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
942943 committee shall have 11 members, with jurisdiction over:
943944 (1) administrative operation of the house and its
944945 employees;
945946 (2) the adoption of policies and procedures for
946947 appropriate workplace conduct under Rule 15 and the housekeeping
947948 resolution, including policies and procedures relating to the
948949 training of members, officers, and employees;
949950 (3) the general house fund, with full control over all
950951 expenditures from the fund;
951952 (4) all property, equipment, and supplies obtained by
952953 the house for its use and the use of its members;
953954 (5) all office space available for the use of the house
954955 and its members;
955956 (6) the assignment of vacant office space, vacant
956957 parking spaces, and vacant desks on the house floor to members with
957958 seniority based on cumulative years of service in the house, except
958959 that the committee may make these assignments based on physical
959960 disability of a member where it deems proper;
960961 (7) all admissions to the floor during sessions of the
961962 house;
962963 (8) all proposals to invite nonmembers to appear
963964 before or address the house or a joint session;
964965 (9) all radio, television, and Internet broadcasting,
965966 live or recorded, of sessions of the house;
966967 (10) the electronic recording of the proceedings of
967968 the house of representatives and the custody of the recordings of
968969 testimony before house committees, with authority to promulgate
969970 reasonable rules, regulations, and conditions concerning the
970971 safekeeping, reproducing, and transcribing of the recordings, and
971972 the defraying of costs for transcribing the recordings, subject to
972973 other provisions of these rules;
973974 (11) all witnesses appearing before the house or any
974975 committee thereof in support of or in opposition to any pending
975976 legislative proposal;
976977 (12) the Rules of Procedure of the House of
977978 Representatives, Joint Rules of the House and Senate, and all
978979 proposed amendments;
979980 (13) other matters concerning the rules, procedures,
980981 and operation of the house assigned by the speaker; and
981982 (14) the following state agency: the State
982983 Preservation Board.
983984 (b) The committee must vote to adopt the annual budget for
984985 each house department.
985986 Sec. 17. HUMAN SERVICES. The committee shall have nine
986987 members, with jurisdiction over all matters pertaining to:
987988 (1) welfare and rehabilitation programs and their
988989 development, administration, and control;
989990 (2) oversight of the Health and Human Services
990991 Commission and the Texas Behavioral Health Executive Council as it
991992 relates to the subject matter jurisdiction of this committee;
992993 (3) intellectual disabilities and the development of
993994 programs incident thereto;
994995 (4) the prevention and treatment of intellectual
995996 disabilities; and
996997 (5) the following state agencies: the Department of
997998 Family and Protective Services, the Texas State Board of Social
998999 Worker Examiners, and the Texas State Board of Examiners of
9991000 Professional Counselors.
10001001 Sec. 18. INSURANCE. The committee shall have nine members,
10011002 with jurisdiction over all matters pertaining to:
10021003 (1) insurance and the insurance industry;
10031004 (2) all insurance companies and other organizations of
10041005 any type writing or issuing policies of insurance in the State of
10051006 Texas, including their organization, incorporation, management,
10061007 powers, and limitations; and
10071008 (3) the following state agencies: the Texas
10081009 Department of Insurance, the Texas Health Benefits Purchasing
10091010 Cooperative, and the Office of Public Insurance Counsel.
10101011 Sec. 19. INTERNATIONAL RELATIONS AND ECONOMIC DEVELOPMENT.
10111012 The committee shall have nine members, with jurisdiction over all
10121013 matters pertaining to:
10131014 (1) the relations between the State of Texas and other
10141015 nations, including matters related to trade relations and
10151016 international trade zones;
10161017 (2) the relations between the State of Texas and the
10171018 federal government other than matters involving defense, emergency
10181019 preparedness, and veterans issues;
10191020 (3) the relations between the State of Texas and other
10201021 states of the United States;
10211022 (4) commerce, trade, and manufacturing, including
10221023 international commerce and trade and the regulation of persons
10231024 participating in international commerce and trade;
10241025 (5) cooperation between the state or a local
10251026 governmental entity and the scientific and technological
10261027 community, including private businesses, institutions of higher
10271028 education, and federal governmental laboratories;
10281029 (6) weights and measures;
10291030 (7) workforce training;
10301031 (8) economic and industrial development;
10311032 (9) development and support of small businesses;
10321033 (10) job creation and job-training programs;
10331034 (11) hours, wages, collective bargaining, and the
10341035 relationship between employers and employees;
10351036 (12) international and border regions (as described in
10361037 Sections 2056.002(e)(2) and (3), Government Code) economic
10371038 development, public health and safety issues affecting the border,
10381039 tourist development, and goodwill, and economic development,
10391040 tourist development, and goodwill in other areas of the state that
10401041 have experienced a significant increase in the percentage of the
10411042 population that consists of immigrants from other nations,
10421043 according to the last two federal decennial censuses or another
10431044 reliable measure;
10441045 (13) the provision of public services to persons
10451046 residing in proximity to Texas' international border or in other
10461047 areas of the state that have experienced a significant increase in
10471048 the percentage of the population that consists of immigrants from
10481049 other nations, according to the last two federal decennial censuses
10491050 or another reliable measure; and
10501051 (14) the following state agencies: the Office of
10511052 State-Federal Relations, the Texas Economic Development and
10521053 Tourism Office, the Texas Workforce Commission, and the Texas
10531054 Workforce Investment Council.
10541055 Sec. 20. JUDICIARY AND CIVIL JURISPRUDENCE. The committee
10551056 shall have nine members, with jurisdiction over all matters
10561057 pertaining to:
10571058 (1) fines and penalties arising under civil laws;
10581059 (2) civil law, including rights, duties, remedies, and
10591060 procedures thereunder, and including probate and guardianship
10601061 matters;
10611062 (3) civil procedure in the courts of Texas;
10621063 (4) administrative law and the adjudication of rights
10631064 by administrative agencies;
10641065 (5) permission to sue the state;
10651066 (6) uniform state laws;
10661067 (7) creating, changing, or otherwise affecting courts
10671068 of judicial districts of the state;
10681069 (8) establishing districts for the election of
10691070 judicial officers;
10701071 (9) courts and court procedures except where
10711072 jurisdiction is specifically granted to some other standing
10721073 committee; and
10731074 (10) the following state agencies: the Supreme Court,
10741075 the courts of appeals, the Court of Criminal Appeals, the State
10751076 Commission on Judicial Conduct, the Office of Court Administration
10761077 of the Texas Judicial System, the State Law Library, the Texas
10771078 Judicial Council, the Judicial Branch Certification Commission,
10781079 the Office of the Attorney General, the Board of Law Examiners, the
10791080 State Bar of Texas, and the State Office of Administrative
10801081 Hearings.
10811082 Sec. 21. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
10821083 shall have nine members, with jurisdiction over all matters
10831084 pertaining to:
10841085 (1) the commitment and rehabilitation of youths;
10851086 (2) the construction, operation, and management of
10861087 correctional facilities of the state and facilities used for the
10871088 commitment and rehabilitation of youths;
10881089 (3) juvenile delinquency and gang violence;
10891090 (4) criminal law, prohibitions, standards, and
10901091 penalties as applied to juveniles;
10911092 (5) criminal procedure in the courts of Texas as it
10921093 relates to juveniles;
10931094 (6) civil law as it relates to familial relationships,
10941095 including rights, duties, remedies, and procedures; and
10951096 (7) the following state agencies: the Texas Juvenile
10961097 Justice Board, the Texas Juvenile Justice Department, the Office of
10971098 Independent Ombudsman for the Texas Juvenile Justice Department,
10981099 and the Advisory Council on Juvenile Services.
10991100 Sec. 22. LAND AND RESOURCE MANAGEMENT. The committee shall
11001101 have nine members, with jurisdiction over all matters pertaining
11011102 to:
11021103 (1) the management of public lands;
11031104 (2) the power of eminent domain;
11041105 (3) the creation, modification, and regulation of
11051106 municipal utility districts;
11061107 (4) annexation, zoning, and other governmental
11071108 regulation of land use; and
11081109 (5) the following state agencies: the School Land
11091110 Board, the Board for Lease of University Lands, and the General Land
11101111 Office.
11111112 Sec. 23. LICENSING AND ADMINISTRATIVE PROCEDURES. The
11121113 committee shall have 11 members, with jurisdiction over all
11131114 matters pertaining to:
11141115 (1) the oversight of businesses, industries, general
11151116 trades, and occupations regulated by this state;
11161117 (2) the regulation of greyhound and horse racing and
11171118 other gaming industries;
11181119 (3) regulation of the sale of intoxicating beverages
11191120 and local option control;
11201121 (4) the Alcoholic Beverage Code; and
11211122 (5) the following state agencies: the Texas
11221123 Department of Licensing and Regulation, the State Office of
11231124 Administrative Hearings, the Texas Board of Architectural
11241125 Examiners, the Texas State Board of Public Accountancy, the Texas
11251126 Real Estate Commission, the Texas State Board of Plumbing
11261127 Examiners, the Texas Board of Professional Engineers and Land
11271128 Surveyors, the Real Estate Center at Texas A&M University, [the
11281129 Texas Board of Professional Land Surveying,] the Texas Racing
11291130 Commission, the Texas Appraiser Licensing and Certification Board,
11301131 the Texas Lottery Commission, and the Texas Alcoholic Beverage
11311132 Commission.
11321133 Sec. 24. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
11331134 committee shall have 11 members, with jurisdiction over:
11341135 (1) the placement on appropriate calendars of bills
11351136 and resolutions that, in the opinion of the committee, are in fact
11361137 local or will be uncontested, and have been recommended as such by
11371138 the standing committee of original jurisdiction; and
11381139 (2) the determination of priorities for floor
11391140 consideration of bills and resolutions except those within the
11401141 jurisdiction of the Committee on Calendars and the Committee on
11411142 Resolutions Calendars.
11421143 Sec. 25. NATURAL RESOURCES. The committee shall have 11
11431144 members, with jurisdiction over all matters pertaining to:
11441145 (1) the conservation of the natural resources of
11451146 Texas;
11461147 (2) the control and development of land and water and
11471148 land and water resources, including the taking, storing, control,
11481149 and use of all water in the state, and its appropriation and
11491150 allocation;
11501151 (3) irrigation, irrigation companies, and irrigation
11511152 districts, and their incorporation, management, and powers;
11521153 (4) the creation, modification, and regulation of
11531154 groundwater conservation districts, water supply districts, water
11541155 control and improvement districts, conservation and reclamation
11551156 districts, and all similar organs of local government dealing with
11561157 water and water supply not otherwise assigned by these rules to
11571158 another standing committee;
11581159 (5) oversight of the Texas Commission on Environmental
11591160 Quality as it relates to the regulation of water resources; and
11601161 (6) the following state agencies: the Office of
11611162 Canadian River Compact Commissioner for Texas, the Office of Pecos
11621163 River Compact Commissioner for Texas, the Office of Red River
11631164 Compact Commissioner for Texas, the Office of Rio Grande Compact
11641165 Commissioner for Texas, the Office of Sabine River Compact
11651166 Commissioners for Texas, the Southwestern States Water Commission,
11661167 and the Texas Water Development Board.
11671168 Sec. 26. PENSIONS, INVESTMENTS, AND FINANCIAL SERVICES.
11681169 The committee shall have nine [11] members, with jurisdiction over
11691170 all matters pertaining to:
11701171 (1) banking and the state banking system;
11711172 (2) savings and loan associations;
11721173 (3) credit unions;
11731174 (4) the regulation of state and local bonded
11741175 indebtedness;
11751176 (5) the lending of money;
11761177 (6) benefits or participation in benefits of a public
11771178 retirement system and the financial obligations of a public
11781179 retirement system;
11791180 (7) the regulation of securities and investments;
11801181 (8) privacy and identity theft; and
11811182 (9) the following state agencies: the Finance
11821183 Commission of Texas, the Credit Union Commission, the Office of
11831184 Consumer Credit Commissioner, the Office of Banking Commissioner,
11841185 the Texas Department of Banking, the Department of Savings and
11851186 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
11861187 Texas Public Finance Authority, the Bond Review Board, the Texas
11871188 Emergency Services Retirement System, the Board of Trustees of the
11881189 Teacher Retirement System of Texas, the Board of Trustees of the
11891190 Employees Retirement System of Texas, the Board of Trustees of the
11901191 Texas County and District Retirement System, the Board of Trustees
11911192 of the Texas Municipal Retirement System, the State Pension Review
11921193 Board, and the State Securities Board.
11931194 Sec. 27. PUBLIC EDUCATION. The committee shall have 13
11941195 members, with jurisdiction over all matters pertaining to:
11951196 (1) the public schools and the public school system of
11961197 Texas and the financing thereof;
11971198 (2) the state programming of elementary and secondary
11981199 education for the public school system of Texas;
11991200 (3) proposals to create, change, or otherwise alter
12001201 school districts of the state; and
12011202 (4) the following organizations and state agencies:
12021203 the State Board of Education, the Texas Education Agency, the Texas
12031204 representatives to the Education Commission of the States, the
12041205 [Office of] Southern Regional Education Board [Compact
12051206 Commissioner for Texas], the Texas School for the Blind and
12061207 Visually Impaired, the State Board for Educator Certification, and
12071208 the Texas School for the Deaf.
12081209 Sec. 28. PUBLIC HEALTH. The committee shall have 11
12091210 members, with jurisdiction over all matters pertaining to:
12101211 (1) the protection of public health, including
12111212 supervision and control of the practice of medicine and dentistry
12121213 and other allied health services;
12131214 (2) mental health and the development of programs
12141215 incident thereto;
12151216 (3) the prevention and treatment of mental illness;
12161217 (4) oversight of the Health and Human Services
12171218 Commission and the Texas Behavioral Health Executive Council as it
12181219 relates to the subject matter jurisdiction of this committee; and
12191220 (5) the following state agencies: the Department of
12201221 State Health Services, the Anatomical Board of the State of Texas,
12211222 the Texas Funeral Service Commission, the Hearing Instrument
12221223 Fitters and Dispensers Advisory Board, the Texas Health Services
12231224 Authority, the Texas Optometry Board, the Texas Radiation Advisory
12241225 Board, the Texas State Board of Pharmacy, [the Interagency Obesity
12251226 Council,] the Texas Board of Nursing, the Texas Board of
12261227 Chiropractic Examiners, the Texas Board of Physical Therapy
12271228 Examiners, the Massage Therapy Advisory Board, the Podiatric
12281229 Medical Examiners Advisory Board, the Texas State Board of
12291230 Examiners of Psychologists, the Texas State Board of Examiners of
12301231 Marriage and Family Therapists, the Behavior Analyst Advisory
12311232 Board, the State Board of Dental Examiners, the Texas Medical
12321233 Board, the Advisory Board of Athletic Trainers, the Cancer
12331234 Prevention and Research Institute of Texas, the Texas State Board
12341235 of Acupuncture Examiners, the Health Professions Council, the
12351236 Office of Patient Protection, [and] the Texas Board of Occupational
12361237 Therapy Examiners, and the Texas Child Mental Health Care
12371238 Consortium.
12381239 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
12391240 have 15 members, with jurisdiction over all matters pertaining to:
12401241 (1) legislative districts, both house and senate, and
12411242 any changes or amendments;
12421243 (2) congressional districts, their creation, and any
12431244 changes or amendments;
12441245 (3) establishing districts for the election of
12451246 judicial officers or of governing bodies or representatives of
12461247 political subdivisions or state agencies as required by law; and
12471248 (4) preparations for the redistricting process.
12481249 Sec. 30. RESOLUTIONS CALENDARS (PROCEDURAL). The committee
12491250 shall have 11 members, with jurisdiction over:
12501251 (1) the placement on appropriate calendars of
12511252 resolutions that, in the opinion of the committee, are in fact
12521253 congratulatory or memorial;
12531254 (2) the determination of priorities for floor
12541255 consideration of resolutions except those within the jurisdiction
12551256 of the Committee on Calendars and the Committee on Local and Consent
12561257 Calendars;
12571258 (3) all procedures for expediting the business of the
12581259 house in expressing concern or commendation in an orderly and
12591260 efficient manner;
12601261 (4) all resolutions to congratulate, memorialize, or
12611262 name mascots of the house; and
12621263 (5) other matters concerning rules, procedures, and
12631264 operation of the house in expressing concern or commendation
12641265 assigned by the speaker.
12651266 Sec. 31. STATE AFFAIRS. The committee shall have 13
12661267 members, with jurisdiction over all matters pertaining to:
12671268 (1) questions and matters of state policy;
12681269 (2) the administration of state government;
12691270 (3) the organization, operation, powers, regulation,
12701271 and management of state departments, agencies, and institutions;
12711272 (4) the operation and regulation of public lands and
12721273 state buildings;
12731274 (5) the duties and conduct of officers and employees
12741275 of the state government;
12751276 (6) the duties and conduct of candidates for public
12761277 office and of persons with an interest in influencing public
12771278 policy;
12781279 (7) the operation of state government and its agencies
12791280 and departments; all of above except where jurisdiction is
12801281 specifically granted to some other standing committee;
12811282 (8) access of the state agencies to scientific and
12821283 technological information;
12831284 (9) the regulation and deregulation of electric
12841285 utilities and the electric industry;
12851286 (10) the regulation and deregulation of
12861287 telecommunications utilities and the telecommunications industry;
12871288 (11) electric utility regulation as it relates to
12881289 energy production and consumption;
12891290 (12) pipelines, pipeline companies, and all others
12901291 operating as common carriers in the state;
12911292 (13) the regulation and deregulation of other
12921293 industries jurisdiction of which is not specifically assigned to
12931294 another committee under these rules;
12941295 (14) advances in science and technology, including
12951296 telecommunications, electronic technology, or automated data
12961297 processing, by state agencies, including institutions of higher
12971298 education;
12981299 (15) the promotion within the state of an advance
12991300 described by Subdivision (14) of this section;
13001301 (16) cybersecurity; and
13011302 (17) the following organizations and state agencies:
13021303 the Council of State Governments, the National Conference of State
13031304 Legislatures, the Office of the Governor, the Texas Ethics
13041305 Commission, the Texas Facilities Commission, the Department of
13051306 Information Resources, the Inaugural Endowment Fund Committee, the
13061307 Sunset Advisory Commission, the Public Utility Commission of Texas,
13071308 and the Office of Public Utility Counsel.
13081309 Sec. 32. TRANSPORTATION. The committee shall have 13
13091310 members, with jurisdiction over all matters pertaining to:
13101311 (1) commercial motor vehicles, both bus and truck, and
13111312 their control, regulation, licensing, and operation;
13121313 (2) the Texas highway system, including all roads,
13131314 bridges, and ferries constituting a part of the system;
13141315 (3) the licensing of private passenger vehicles to
13151316 operate on the roads and highways of the state;
13161317 (4) the regulation and control of traffic on the
13171318 public highways of the State of Texas;
13181319 (5) railroads, street railway lines, interurban
13191320 railway lines, steamship companies, and express companies;
13201321 (6) airports, air traffic, airlines, and other
13211322 organizations engaged in transportation by means of aerial flight;
13221323 (7) water transportation in the State of Texas, and
13231324 the rivers, harbors, and related facilities used in water
13241325 transportation and the agencies of government exercising
13251326 supervision and control thereover;
13261327 (8) the regulation of metropolitan transit; and
13271328 (9) the following state agencies: the Texas Department
13281329 of Motor Vehicles, the Texas Department of Transportation, and the
13291330 Texas Transportation Commission.
13301331 Sec. 33. URBAN AFFAIRS. The committee shall have nine
13311332 members, with jurisdiction over all matters pertaining to:
13321333 (1) municipalities, including their creation,
13331334 organization, powers, government, and finance, and the
13341335 compensation and duties of their officers and employees;
13351336 (2) home-rule municipalities, their relationship to
13361337 the state, and their powers, authority, and limitations;
13371338 (3) the creation or change of metropolitan areas and
13381339 the form of government under which those areas operate;
13391340 (4) problems and issues particularly affecting
13401341 metropolitan areas of the state;
13411342 (5) other units of local government not otherwise
13421343 assigned by these rules to other standing committees;
13431344 (6) establishing districts for the election of
13441345 governing bodies of municipalities;
13451346 (7) land use regulation by municipalities; and
13461347 (8) the following state agencies: the Texas
13471348 Department of Housing and Community Affairs and the Texas
13481349 Commission on Fire Protection.
13491350 Sec. 34. WAYS AND MEANS. The committee shall have 11
13501351 members, with jurisdiction over:
13511352 (1) all bills and resolutions proposing to raise state
13521353 revenue;
13531354 (2) all bills or resolutions proposing to levy state
13541355 taxes or other fees;
13551356 (3) all proposals to modify, amend, or change any
13561357 existing state tax or revenue statute;
13571358 (4) all proposals to regulate the manner of collection
13581359 of state revenues and taxes;
13591360 (5) all bills and resolutions containing provisions
13601361 resulting in automatic allocation of funds from the state treasury;
13611362 (6) all bills and resolutions diverting funds from the
13621363 state treasury or preventing funds from going in that otherwise
13631364 would be placed in the state treasury;
13641365 (7) all bills and resolutions proposing to permit a
13651366 local government to raise revenue;
13661367 (8) all bills and resolutions proposing to permit a
13671368 local government to levy or impose property taxes, sales and use
13681369 taxes, or other taxes and fees;
13691370 (9) all proposals to modify, amend, or change any
13701371 existing local government tax or revenue statute;
13711372 (10) all proposals to regulate the manner of
13721373 collection of local government revenues and taxes;
13731374 (11) all bills and resolutions relating to the
13741375 appraisal of property for taxation;
13751376 (12) all bills and resolutions relating to the Tax
13761377 Code; and
13771378 (13) the following organizations and state agencies:
13781379 the [Office of] Multistate Tax Commission [Compact Commissioner for
13791380 Texas] and the Comptroller of Public Accounts.
13801381 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
13811382 CHAPTER A. ORGANIZATION
13821383 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
13831384 committees of the house, and the number of members and general
13841385 jurisdiction of each, shall be as enumerated in Rule 3.
13851386 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
13861387 the standing committees shall be determined at the beginning of
13871388 each regular session in the following manner:
13881389 (1) For each standing substantive committee, a maximum
13891390 of one-half of the membership, exclusive of the chair and
13901391 vice-chair, shall be determined by seniority. The remaining
13911392 membership of the committee shall be appointed by the speaker.
13921393 (2) Each member of the house, in order of seniority,
13931394 may designate three committees on which he or she desires to serve,
13941395 listed in order of preference. The member is entitled to become a
13951396 member of the committee of his or her highest preference on which
13961397 there remains a vacant seniority position.
13971398 (3) If members of equal seniority request the same
13981399 committee, the speaker shall appoint the member from among those
13991400 requesting that committee. Seniority, as the term is used in this
14001401 subsection, shall mean years of cumulative service as a member of
14011402 the house of representatives.
14021403 (4) After each member of the house has selected one
14031404 committee on the basis of seniority, the remaining membership on
14041405 each standing committee shall be filled by appointment of the
14051406 speaker, subject to the limitations imposed in this chapter.
14061407 (5) Seniority shall not apply to a procedural
14071408 committee. For purposes of these rules, the procedural committees
14081409 are the Committee on Calendars, the Committee on Local and Consent
14091410 Calendars, the Committee on Resolutions Calendars, the General
14101411 Investigating Committee, the Committee on House Administration,
14111412 and the Committee on Redistricting. The entire membership of these
14121413 committees shall be appointed by the speaker.
14131414 (6) In announcing the membership of committees, the
14141415 speaker shall designate those appointed by the speaker and those
14151416 acquiring membership by seniority.
14161417 (7) The speaker shall designate the chair and
14171418 vice-chair from the total membership of the committee.
14181419 (b) In the event of a vacancy in a representative district
14191420 that has not been filled at the time of the determination of the
14201421 membership of standing committees, the representative of the
14211422 district who fills that vacancy shall not be entitled to select a
14221423 committee on the basis of seniority. Committee appointments on
14231424 behalf of that district shall be designated by the district number.
14241425 (c) In the event that a member-elect of the current
14251426 legislature has not taken the oath of office by the end of the ninth
14261427 day of the regular session, the representative of that district
14271428 shall not be entitled to select a committee on the basis of
14281429 seniority. If the member-elect has not taken the oath of office by
14291430 the time committee appointments are announced, committee
14301431 appointments on behalf of that district shall be designated by
14311432 district number.
14321433 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
14331434 and vice-chair, members of a standing committee shall rank
14341435 according to their seniority.
14351436 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
14361437 concurrently on more than two standing substantive committees.
14371438 (b) A member serving as chair of the Committee on
14381439 Appropriations, [or] the Committee on State Affairs, or the
14391440 Committee on Ways and Means may not serve on any other substantive
14401441 committee.
14411442 (c) A permanent speaker pro tempore appointed under Rule 1,
14421443 Section 10, may not serve on more than one substantive committee or
14431444 as chair of a standing committee.
14441445 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
14451446 a standing, select, or interim committee subsequent to its
14461447 organization, the speaker shall appoint an eligible member to fill
14471448 the vacancy.
14481449 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
14491450 shall:
14501451 (1) be responsible for the effective conduct of the
14511452 business of the committee;
14521453 (2) appoint all subcommittees and determine the number
14531454 of members to serve on each subcommittee;
14541455 (3) in consultation with members of the committee,
14551456 schedule the work of the committee and determine the order in which
14561457 the committee shall consider and act on bills, resolutions, and
14571458 other matters referred to the committee;
14581459 (4) have authority to employ and discharge the staff
14591460 and employees authorized for the committee and have supervision and
14601461 control over all the staff and employees;
14611462 (5) direct the preparation of all committee reports.
14621463 No committee report shall be official until signed by the chair of
14631464 the committee, or by the person acting as chair, or by a majority of
14641465 the membership of the committee;
14651466 (6) determine the necessity for public hearings,
14661467 schedule hearings, and be responsible for directing the posting of
14671468 notice of hearings as required by the rules;
14681469 (7) preside at all meetings of the committee and
14691470 control its deliberations and activities in accordance with
14701471 acceptable parliamentary procedure; and
14711472 (8) have authority to direct the sergeant-at-arms to
14721473 assist, where necessary, in enforcing the will of the committee.
14731474 Sec. 7. BILL ANALYSES. Except for the general
14741475 appropriations bill, for each bill or joint resolution referred to
14751476 the committee, the staff of the committee shall be responsible for
14761477 distributing a copy of a bill analysis to each member of the
14771478 committee and the author of a house measure at the earliest possible
14781479 opportunity but not later than the first time the measure is laid
14791480 out in a committee meeting.
14801481 CHAPTER B. PROCEDURE
14811482 Sec. 8. MEETINGS. (a) As soon as practicable after
14821483 standing committees are constituted and organized, the committee
14831484 coordinator, under the direction of the Committee on House
14841485 Administration, shall prepare a schedule for regular meetings of
14851486 all standing committees. This schedule shall be published in the
14861487 house journal and posted in a convenient and conspicuous place near
14871488 the entrance to the house and on other posting boards for committee
14881489 meeting notices, as determined necessary by the Committee on House
14891490 Administration. To the extent practicable during each regular
14901491 session, standing committees shall conduct regular committee
14911492 meetings in accordance with the schedule of meetings prepared by
14921493 the committee coordinator under the supervision of the Committee on
14931494 House Administration.
14941495 (b) Standing committees shall meet at other times as may be
14951496 determined by the committee, or as may be called by the chair.
14961497 Subcommittees of standing committees shall likewise meet at other
14971498 times as may be determined by the committee, or as may be called by
14981499 the chair of the committee or subcommittee.
14991500 (c) Committees shall also meet in such places and at such
15001501 times as the speaker may designate.
15011502 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
15021503 committee or subcommittee shall meet during the time the house is in
15031504 session without permission being given by a majority vote of the
15041505 house. No standing committee or subcommittee shall conduct its
15051506 meeting on the floor of the house or in the house chamber while the
15061507 house is in session, but shall, if given permission to meet while
15071508 the house is in session, retire to a designated committee room for
15081509 the conduct of its meeting.
15091510 Sec. 10. PURPOSES FOR MEETING. A committee or a
15101511 subcommittee may be assembled for:
15111512 (1) a public hearing where testimony is to be heard,
15121513 and where official action may be taken, on bills, resolutions, or
15131514 other matters;
15141515 (2) a formal meeting where the committee may discuss
15151516 and take official action on bills, resolutions, or other matters
15161517 without testimony; and
15171518 (3) a work session where the committee may discuss
15181519 bills, resolutions, or other matters but take no formal action.
15191520 Sec. 11. POSTING NOTICE. (a) No committee or
15201521 subcommittee, including a calendars committee, shall assemble for
15211522 the purpose of a public hearing during a regular session unless
15221523 notice of the hearing has been posted in accordance with the rules
15231524 at least five calendar days in advance of the hearing. No committee
15241525 or subcommittee, including a calendars committee, shall assemble
15251526 for the purpose of a public hearing during a special session unless
15261527 notice of the hearing has been posted in accordance with the rules
15271528 at least 24 hours in advance of the hearing. The committee minutes
15281529 shall reflect the date of each posting of notice. Notice shall not
15291530 be required for a public hearing or a formal meeting on a senate
15301531 bill which is substantially the same as a house bill that has
15311532 previously been the subject of a duly posted public hearing by the
15321533 committee.
15331534 (b) No committee or subcommittee, including a calendars
15341535 committee, shall assemble for the purpose of a formal meeting or
15351536 work session during a regular or special session unless written
15361537 notice has been posted and transmitted to each member of the
15371538 committee two hours in advance of the meeting or an announcement has
15381539 been filed with the journal clerk and read by the reading clerk
15391540 while the house is in session.
15401541 (c) All committees meeting during the interim for the
15411542 purpose of a formal meeting, work session, or public hearing shall
15421543 post notice in accordance with the rules and notify members of the
15431544 committee at least five calendar days in advance of the meeting.
15441545 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
15451546 committee or subcommittee, including a calendars committee, shall
15461547 be open to other members, the press, and the public unless
15471548 specifically provided otherwise by resolution adopted by the house.
15481549 However, the General Investigating Committee or a committee
15491550 considering an impeachment, an address, the punishment of a member
15501551 of the house, or any other matter of a quasi-judicial nature may
15511552 meet in executive session for the limited purpose of examining a
15521553 witness or deliberating, considering, or debating a decision, but
15531554 no decision may be made or voted on except in a meeting that is open
15541555 to the public and otherwise in compliance with the rules of the
15551556 house.
15561557 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
15571558 Procedure of the House of Representatives, and to the extent
15581559 applicable, the rules of evidence and procedure in the civil courts
15591560 of Texas, shall govern the hearings and operations of each
15601561 committee, including a calendars committee. Subject to the
15611562 foregoing, and to the extent necessary for orderly transaction of
15621563 business, each committee may promulgate and adopt additional rules
15631564 and procedures by which it will function. A copy of the rules and
15641565 procedures adopted by a committee must be filed with the chief
15651566 clerk. If the house is convened in a regular or special session, a
15661567 copy of the rules and procedures shall also be delivered to the
15671568 journal clerk and printed in the journal.
15681569 (b) No standing committee, including a calendars committee,
15691570 or any subcommittee, shall adopt any rule of procedure, including
15701571 but not limited to an automatic subcommittee rule, which will have
15711572 the effect of thwarting the will of the majority of the committee or
15721573 subcommittee or denying the committee or subcommittee the right to
15731574 ultimately dispose of any pending matter by action of a majority of
15741575 the committee or subcommittee. A bill or resolution may not be laid
15751576 on the table subject to call in committee without a majority vote of
15761577 the committee.
15771578 (c) Each committee of the house shall have authority to
15781579 determine whether or not to permit television, radio, or Internet
15791580 broadcasts, other than official house broadcasts, of any of its
15801581 proceedings.
15811582 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
15821583 rulings of the chair of a committee shall be in order if seconded by
15831584 three members of the committee, which may include the member making
15841585 the appeal. Procedure in committee following an appeal which has
15851586 been seconded shall be the same as the procedure followed in the
15861587 house in a similar situation.
15871588 Sec. 15. PREVIOUS QUESTION. Before the previous question
15881589 can be ordered in a committee, the motion therefor must be seconded
15891590 by not less than 4 members of a committee consisting of 21 or more
15901591 members, 3 members of a committee consisting of less than 21 members
15911592 and more than 10 members, or 2 members of a committee consisting of
15921593 10 members or less. If the motion is properly seconded and ordered
15931594 by a majority vote of the committee, further debate on the
15941595 proposition under consideration shall be terminated, and the
15951596 proposition shall be immediately put to a vote of the committee for
15961597 its action.
15971598 Sec. 16. QUORUM. A majority of a committee shall
15981599 constitute a quorum. No action or recommendation of a committee
15991600 shall be valid unless taken at a meeting of the committee with a
16001601 quorum actually present, and the committee minutes shall reflect
16011602 the names of those members of the committee who were actually
16021603 present. No committee report shall be made to the house nor shall
16031604 bills or resolutions be placed on a calendar unless ordered by a
16041605 majority of the membership of the committee, except as otherwise
16051606 provided in the rules, and a quorum of the committee must be present
16061607 when the vote is taken on reporting a bill or resolution, on placing
16071608 bills or resolutions on a calendar, or on taking any other formal
16081609 action within the authority of the committee. No committee report
16091610 shall be made nor shall bills or resolutions be placed on a calendar
16101611 except by record vote of the members of the committee, with the yeas
16111612 and nays to be recorded in the minutes of the committee. Proxies
16121613 cannot be used in committees.
16131614 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
16141615 order to move a call of a committee at any time to secure and
16151616 maintain a quorum for any one or more of the following purposes:
16161617 (1) for the consideration of a specific bill,
16171618 resolution, or other matter;
16181619 (2) for a definite period of time; or
16191620 (3) for the consideration of any designated class of
16201621 bills or other matters.
16211622 (b) When a call of a committee is moved for one or more of
16221623 the foregoing purposes and seconded by two members, one of whom may
16231624 be the chair, and is ordered by a majority of the members present,
16241625 no member shall thereafter be permitted to leave the committee
16251626 meeting without written permission from the chair. After the call
16261627 is ordered, and in the absence of a quorum, the chair shall have the
16271628 authority to authorize the sergeant-at-arms to locate absent
16281629 members of the committee and to compel their attendance for the
16291630 duration of the call.
16301631 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
16311632 including a calendars committee, the chair, or the member acting as
16321633 chair, shall keep complete minutes of the proceedings in committee,
16331634 which shall include:
16341635 (1) the time and place of each meeting of the
16351636 committee;
16361637 (2) a roll call to determine the members present at
16371638 each meeting of the committee, whether that meeting follows an
16381639 adjournment or a recess from a previous committee meeting;
16391640 (3) an accurate record of all votes taken, including a
16401641 listing of the yeas and nays cast on a record vote;
16411642 (4) the date of posting of notice of the meeting; and
16421643 (5) other information that the chair shall determine.
16431644 (b) The minutes for each public hearing of a committee shall
16441645 also include an attachment listing the names of the persons, other
16451646 than members of the legislature, and the persons or entities
16461647 represented by those persons, who were recognized by the chair to
16471648 address the committee. The attachment shall also list the name of
16481649 each person, other than a member of the legislature, who submitted
16491650 to the committee a sworn statement indicating that the person was
16501651 present in favor of, in opposition to, or without taking a position
16511652 on the measure or other matter, but who because of the person's
16521653 departure or other reason was not recognized by the chair to address
16531654 the committee; provided that the omission of the name of such a
16541655 person is not subject to a point of order.
16551656 (c) Committee minutes shall be corrected only at the
16561657 direction of the chair as authorized by a majority vote of the
16571658 committee. Duplicate originals of committee minutes shall be
16581659 maintained, one to remain with the committee chair and the other to
16591660 be filed with the committee coordinator. The committee minutes of a
16601661 meeting of the Appropriations Committee on the general
16611662 appropriations bill must be filed with the committee coordinator
16621663 within five days of the committee meeting. All other committee
16631664 minutes must be filed with the committee coordinator within three
16641665 days of the committee meeting for a substantive committee or the
16651666 Committee on Redistricting, and within one day of the committee
16661667 meeting for a procedural committee other than the Committee on
16671668 Redistricting. If the date on which the committee minutes are due
16681669 occurs on a Saturday, Sunday, or holiday on which the house is not
16691670 in session, the committee minutes shall be filed on the following
16701671 working day. The time at which the minutes are filed shall be
16711672 time-stamped on the duplicate originals of the minutes that are
16721673 filed with the committee coordinator. The duplicate originals
16731674 shall be available at all reasonable business hours for inspection
16741675 by members or the public.
16751676 (d) The committee coordinator shall maintain the minutes
16761677 and records safe from loss, destruction, and alteration at all
16771678 times, and may, at any time, turn them, or any portion, over to the
16781679 Committee on House Administration.
16791680 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
16801681 committee coordinator shall establish procedures for making
16811682 available to the public on the Internet documents relating to the
16821683 proceedings of substantive committees.
16831684 (b) A substantive committee shall make available to the
16841685 public on the Internet:
16851686 (1) any committee substitute or amendment laid before
16861687 the committee; and
16871688 (2) any nonconfidential written testimony submitted
16881689 by a state agency for consideration by the committee that relates to
16891690 a measure referred to the committee.
16901691 (c) A committee's failure to comply with this section is not
16911692 subject to a point of order.
16921693 Sec. 19. RECORDING OF TESTIMONY. All testimony before
16931694 committees and subcommittees shall be electronically recorded
16941695 under the direction of the Committee on House Administration.
16951696 Copies of the testimony may be released under guidelines
16961697 promulgated by the Committee on House Administration.
16971698 Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
16981699 Committee on House Administration shall ensure that an audio and
16991700 video recording of any public hearing, formal meeting, or work
17001701 session of the Committee on Appropriations or a subcommittee of the
17011702 Committee on Appropriations is made available to the public on the
17021703 Internet in a timely manner.
17031704 (b) To the extent that current technological capabilities
17041705 prohibit immediate implementation of this section, the Committee on
17051706 House Administration shall use the committee's best efforts to
17061707 conform to the requirements of this section as soon as practicable.
17071708 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
17081709 coordinator, under the direction of the Committee on House
17091710 Administration, shall prescribe the form of a sworn statement,
17101711 which may be in electronic or paper format, to be executed by all
17111712 persons, other than members, who wish to be recognized by the chair
17121713 to address the committee. The statement shall provide for showing
17131714 at least:
17141715 (1) the committee or subcommittee;
17151716 (2) the name, address, and telephone number of the
17161717 person appearing;
17171718 (3) the person, firm, corporation, class, or group
17181719 represented;
17191720 (4) the type of business, profession, or occupation in
17201721 which the person is engaged, if the person is representing himself
17211722 or herself; and
17221723 (5) the matter before the committee on which the
17231724 person wishes to be recognized to address the committee and whether
17241725 for, against, or neutral on the matter.
17251726 (b) No person shall be recognized by the chair to address
17261727 the committee in favor of, in opposition to, or without taking a
17271728 position on a matter until the sworn statement has been filed with
17281729 the chair of the committee. The chair of the committee shall
17291730 indicate whether the person completing the statement was recognized
17301731 to address the committee.
17311732 (c) Sworn statements submitted in paper format for those
17321733 persons recognized by the chair to address the committee shall
17331734 accompany the copy of the minutes of the meeting filed with the
17341735 committee coordinator.
17351736 (d) All persons, other than members, recognized by the chair
17361737 to address the committee shall give their testimony under oath, and
17371738 each committee may avail itself of additional powers and
17381739 prerogatives authorized by law.
17391740 (e) The committee shall ensure that an individual who is
17401741 blind receives any necessary assistance in executing the sworn
17411742 statement.
17421743 (f) The committee shall inform a witness who is blind which
17431744 members of the committee are present when the witness begins to
17441745 testify and shall inform the witness during the testimony of the
17451746 departure and arrival of committee members.
17461747 (g) The chair may recognize a witness who has been invited
17471748 by the committee to attend the meeting but is not present in the
17481749 same physical location as the committee to testify before the
17491750 committee through an Internet or other videoconferencing system if:
17501751 (1) the witness has executed a sworn statement, in
17511752 electronic or paper format, under this section;
17521753 (2) the witness has filed the statement or a copy of
17531754 the statement with the chair before testifying; and
17541755 (3) two-way communication has been enabled to allow
17551756 the witness to be clearly visible and audible to the committee
17561757 members and the committee members to be clearly visible and audible
17571758 to the witness.
17581759 (h) A person who serves as a translator, including an
17591760 interpreter, for a witness before a committee must execute a form
17601761 prescribed by the committee coordinator, under the direction of the
17611762 Committee on House Administration. The form must at least include
17621763 the name of the translator and the name of the witness whom the
17631764 translator is serving.
17641765 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
17651766 By a record vote of not less than two-thirds of those present and
17661767 voting, a quorum being present, each standing committee shall have
17671768 the power and authority to issue process to witnesses at any place
17681769 in the State of Texas, to compel their attendance, and to compel the
17691770 production of all books, records, and instruments. If necessary to
17701771 obtain compliance with subpoenas or other process, the committee
17711772 shall have the power to issue writs of attachment. All process
17721773 issued by the committee may be addressed to and served by an agent
17731774 of the committee or a sergeant-at-arms appointed by the committee
17741775 or by any peace officer of the State of Texas. The committee shall
17751776 also have the power to cite and have prosecuted for contempt, in the
17761777 manner provided by law, anyone disobeying the subpoenas or other
17771778 process lawfully issued by the committee. The chair of the
17781779 committee shall issue, in the name of the committee, the subpoenas
17791780 and other process as the committee may direct.
17801781 (b) The chair may summon the governing board or other
17811782 representatives of a state agency to appear and testify before the
17821783 committee without issuing process under Subsection (a) of this
17831784 section. The summons may be communicated in writing, orally, or
17841785 electronically. If the persons summoned fail or refuse to appear,
17851786 the committee may issue process under Subsection (a) of this
17861787 section.
17871788 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
17881789 prior approval by the Committee on House Administration, witnesses
17891790 attending proceedings of any committee under process of the
17901791 committee shall be allowed the same mileage and per diem as are
17911792 allowed members of the committee when in a travel status, to be paid
17921793 out of the contingent expense fund of the house of representatives
17931794 on vouchers approved by the chair of the committee, the chair of the
17941795 Committee on House Administration, and the speaker of the house.
17951796 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
17961797 Each committee is authorized to request the assistance, when
17971798 needed, of all state departments, agencies, and offices, and it
17981799 shall be the duty of the departments, agencies, and offices to
17991800 assist the committee when requested to do so. Each committee shall
18001801 have the power and authority to inspect the records, documents, and
18011802 files of every state department, agency, and office, to the extent
18021803 necessary to the discharge of its duties within the area of its
18031804 jurisdiction.
18041805 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
18051806 meeting of a committee, the chair may recognize a member of the
18061807 house who is not a member of the committee to provide information to
18071808 the committee, and may recognize a member of the senate for that
18081809 purpose. Recognition is solely within the discretion of the chair
18091810 and is not subject to appeal by that member.
18101811 CHAPTER C. COMMITTEE FUNCTIONS
18111812 Sec. 24. INTERIM STUDIES AND HEARINGS. (a) Standing
18121813 committees, en banc or by subcommittees, are hereby authorized to
18131814 conduct studies that are authorized by the speaker pursuant to Rule
18141815 1, Section 17. Studies may not be authorized by resolution. The
18151816 speaker may appoint public citizens and officials of state and
18161817 local governments to standing committees to augment the membership
18171818 for the purpose of interim studies and shall provide a list of such
18181819 appointments to the chief clerk. The chair of the standing
18191820 committee shall have authority to name the subcommittees necessary
18201821 and desirable for the conduct of the interim studies and shall also
18211822 prepare a budget for interim studies for approval by the Committee
18221823 on House Administration.
18231824 (b) The Committee on Appropriations shall hold one or more
18241825 public hearings to examine the requests for legislative
18251826 appropriations submitted by each major state agency and institution
18261827 of higher education under Section 322.007, Government Code, and any
18271828 other law, to the Legislative Budget Board following sine die
18281829 adjournment of the regular session. The committee may require the
18291830 head or any employee of an agency or institution submitting a
18301831 request to appear at a public hearing and present information about
18311832 the request. A subcommittee may perform the committee's duties
18321833 under this subsection as determined by the chair of the committee.
18331834 As used in this subsection, "major state agency" means an agency for
18341835 which the most recent general appropriations act made an
18351836 appropriation in the amount of $40 million or more.
18361837 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
18371838 CALENDAR. No motion is in order in a committee considering a bill,
18381839 resolution, or other matter that would prevent the committee from
18391840 reporting it back to the house or placing it on a calendar in
18401841 accordance with the Rules of the House.
18411842 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
18421843 committee on bills or resolutions referred to it shall be
18431844 considered as final unless it is in the form of a favorable report,
18441845 an unfavorable report, or a report of inability to recommend a
18451846 course of action.
18461847 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
18471848 committee to report favorably or unfavorably must receive
18481849 affirmative majority votes, majority negative votes to either
18491850 motion being insufficient to report. If a committee is unable to
18501851 agree on a recommendation for action, as in the case of a tie vote,
18511852 it should submit a statement of this fact as its report, and the
18521853 house shall decide, by a majority vote, the disposition of the
18531854 matter by one of the following alternatives:
18541855 (1) leave the bill in the committee for further
18551856 consideration;
18561857 (2) refer the bill to some other committee; or
18571858 (3) order the bill printed, in which case the bill
18581859 shall go to the Committee on Calendars for placement on a calendar
18591860 and for proposal of an appropriate rule for house consideration.
18601861 Sec. 28. MINORITY REPORTS. The report of a minority of a
18611862 committee shall be made in the same general form as a majority
18621863 report. No minority report shall be recognized by the house unless
18631864 it has been signed by not less than 4 members of a committee
18641865 consisting of 21 or more members, 3 members of a committee
18651866 consisting of less than 21 members and more than 10 members, or 2
18661867 members of a committee consisting of 10 or less members. Only
18671868 members who were present when the vote was taken on the bill,
18681869 resolution, or other matter being reported, and who voted on the
18691870 losing side, may sign a minority report. Notice of intention to
18701871 file a minority report shall be given to the assembled committee
18711872 after the vote on the bill, resolution, or other matter, and before
18721873 the recess or adjournment of the committee, provided ample
18731874 opportunity is afforded for the giving of notice; otherwise, notice
18741875 may be given in writing to the chief clerk within 24 hours after the
18751876 recess or adjournment of the committee.
18761877 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
18771878 majority report on a bill is unfavorable, and a favorable minority
18781879 report is not signed in accordance with Section 28 of this rule and
18791880 filed with the chief clerk within two calendar days, exclusive of
18801881 Sunday and the date of committee action, the chief clerk shall file
18811882 the bill away as dead; except during the last 15 calendar days of a
18821883 regular session, or the last 7 calendar days of a special session,
18831884 when the chief clerk shall hold a bill only one calendar day,
18841885 exclusive of Sunday and the date of committee action, awaiting the
18851886 filing of a minority report before the bill is filed away as dead.
18861887 If the favorable minority report is properly signed and filed, the
18871888 chief clerk shall hold the bill for five legislative days,
18881889 exclusive of the legislative day in which the minority report was
18891890 filed, awaiting adoption by the house of a motion to print the bill
18901891 on minority report. If the motion to print is carried, the bill
18911892 shall be printed as if it had been reported favorably, and shall
18921893 then be immediately forwarded to the Committee on Calendars for
18931894 placement on a calendar and for proposal of an appropriate rule for
18941895 house consideration. If a motion to print a bill on minority report
18951896 is not made within the five legislative days authorized above, the
18961897 chief clerk shall file the bill away as dead. It shall not be in
18971898 order to move to recommit a bill adversely reported with no minority
18981899 report, except as provided in Section 30 of this rule. A two-thirds
18991900 vote of the house shall be required to print on minority report a
19001901 joint resolution proposing an amendment to the Constitution of
19011902 Texas.
19021903 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
19031904 AUTHOR. No adverse report shall be made on any bill or resolution
19041905 by any committee without first giving the author or sponsor of the
19051906 bill an opportunity to be heard. If it becomes evident to the house
19061907 that a bill has been reported adversely without the author or
19071908 sponsor having had an opportunity to be heard as provided in this
19081909 section, the house may, by a majority vote, order the bill
19091910 recommitted even though no minority report was filed in the manner
19101911 prescribed by the rules. This provision shall have precedence over
19111912 Rule 7, Section 20.
19121913 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
19131914 reported adversely, it shall be subject to the same rules that
19141915 govern other bills reported adversely.
19151916 Sec. 32. FORM OF REPORTS. (a) Reports of standing
19161917 committees on bills and resolutions shall be made in duplicate,
19171918 with one copy to be filed with the journal clerk for printing in the
19181919 journal and the other to accompany the original bill.
19191920 (b) All committee reports must be in writing and shall:
19201921 (1) be signed by the chair, or the member acting as
19211922 chair, or a majority of the membership of the committee;
19221923 (2) be addressed to the speaker;
19231924 (3) contain a statement of the recommendations of the
19241925 committee with reference to the matter which is the subject of the
19251926 report;
19261927 (4) contain the date the committee made its
19271928 recommendation;
19281929 (5) indicate whether a copy of a bill or resolution was
19291930 forwarded to the Legislative Budget Board for preparation of a
19301931 fiscal note or other impact statement, if applicable;
19311932 (6) contain the record vote by which the report was
19321933 adopted, including the vote of each member of the committee;
19331934 (7) contain the recommendation that the bill or
19341935 resolution be sent to the Committee on Local and Consent Calendars
19351936 for placement on the local, consent, and resolutions calendar if
19361937 applicable;
19371938 (8) state the name of the primary house sponsor of all
19381939 senate bills and resolutions and indicate the names of all joint
19391940 sponsors or cosponsors;
19401941 (9) include a summary of the committee hearing on the
19411942 bill or resolution;
19421943 (10) include a list of the names of the persons, other
19431944 than members of the legislature, and persons or entities
19441945 represented by those persons, who submitted to the committee sworn
19451946 statements indicating that the persons were present in favor of, in
19461947 opposition to, or without taking a position on the bill or
19471948 resolution. The omission from the list of the name of a person who
19481949 submitted a sworn statement regarding a bill or resolution but who
19491950 was not recognized by the chair to address the committee is not
19501951 subject to a point of order;
19511952 (11) for a joint resolution proposing a constitutional
19521953 amendment, include the bill number of any enabling legislation for
19531954 the constitutional amendment designated as such by the author or
19541955 sponsor of the joint resolution;
19551956 (12) for a bill that is designated by the author or
19561957 sponsor of the bill as enabling legislation for a constitutional
19571958 amendment proposed by a joint resolution, include the number of the
19581959 joint resolution; and
19591960 (13) contain a copy of each form executed by a
19601961 translator for a witness as required by Section 20(h) of this rule.
19611962 (c) Except for the general appropriations bill, each
19621963 committee report on a bill or joint resolution, including a
19631964 complete committee substitute, and, to the extent considered
19641965 necessary by the committee, a committee report on any other
19651966 resolution, must include in summary or section-by-section form a
19661967 detailed analysis of the subject matter of the bill or resolution,
19671968 specifically including:
19681969 (1) background information on the proposal and
19691970 information on what the bill or resolution proposes to do;
19701971 (2) an analysis of the content of the bill or
19711972 resolution, including a separate statement that lists each statute
19721973 or constitutional provision that is expressly repealed by the bill
19731974 or resolution;
19741975 (3) a statement indicating whether or not any
19751976 rulemaking authority is expressly delegated to a state officer,
19761977 department, agency, or institution, and, if so, identifying the
19771978 sections of the measure in which that rulemaking authority is
19781979 delegated;
19791980 (4) a statement indicating whether or not the bill or
19801981 resolution expressly creates a criminal offense, expressly
19811982 increases the punishment for an existing criminal offense or
19821983 category of offenses, or expressly changes the eligibility of a
19831984 person for community supervision, parole, or mandatory
19841985 supervision;
19851986 (5) a statement of substantial differences between a
19861987 complete committee substitute and the original bill; and
19871988 (6) a brief explanation of each amendment adopted by
19881989 the committee.
19891990 (d) The committee to which the bill or resolution is
19901991 referred may request the Texas Legislative Council to prepare the
19911992 analysis required by Subsection (c) of this section.
19921993 (e) A committee chair shall provide to the author of a house
19931994 measure a copy of the analysis required by Subsection (c) of this
19941995 section as soon as the analysis is complete.
19951996 (f) The author of a bill or resolution may request that an
19961997 analysis prepared for purposes of this section include a statement
19971998 written by the author that includes any additional information that
19981999 the author considers appropriate.
19992000 (g) It shall be the duty of the committee chair, on all
20002001 matters reported by the committee, to see that all provisions of
20012002 Rule 12 are satisfied. The chair shall strictly construe this
20022003 provision to achieve the desired purposes.
20032004 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
20042005 committee determines that a bill or joint resolution, other than
20052006 the general appropriations bill, authorizes or requires the
20062007 expenditure or diversion of state funds for any purpose, the chair
20072008 shall send a copy of the measure to the Legislative Budget Board for
20082009 the preparation of a fiscal note outlining the fiscal implications
20092010 and probable cost of the measure.
20102011 (b) If the chair of a standing committee determines that a
20112012 bill or joint resolution has statewide impact on units of local
20122013 government of the same type or class and authorizes or requires the
20132014 expenditure or diversion of local funds, or creates or impacts a
20142015 local tax, fee, license charge, or penalty, the chair shall send a
20152016 copy of the measure to the Legislative Budget Board for the
20162017 preparation of a fiscal note outlining the fiscal implications and
20172018 probable cost of the measure.
20182019 (c) In preparing a fiscal note, the director of the
20192020 Legislative Budget Board may utilize information or data supplied
20202021 by any person, agency, organization, or governmental unit that the
20212022 director deems reliable. If the director determines that the fiscal
20222023 implications of the measure cannot be ascertained, the director
20232024 shall so state in the fiscal note, shall when reasonably
20242025 ascertainable provide an estimated range of the fiscal
20252026 implications, and shall include in the note a statement of the
20262027 reasons the director is unable to ascertain the fiscal implications
20272028 of the measure, in which case the fiscal note shall be in full
20282029 compliance with the rules. If the director of the Legislative
20292030 Budget Board is unable to acquire or develop sufficient information
20302031 to prepare the fiscal note within 15 days of receiving the measure
20312032 from the chair of a committee, the director shall so state in the
20322033 fiscal note, shall when reasonably ascertainable provide an
20332034 estimated range of the fiscal implications, and shall include in
20342035 the note a statement of the reasons the director is unable to
20352036 acquire or develop sufficient information, in which case the note
20362037 shall be in full compliance with the rules.
20372038 (d) If the chair determines that a fiscal note is required,
20382039 copies of the fiscal note must be distributed to the members of the
20392040 committee not later than the first time the measure is laid out in a
20402041 committee meeting. The fiscal note shall be attached to the measure
20412042 on first printing. If the measure is amended by the committee so as
20422043 to alter its fiscal implications, the chair shall obtain an updated
20432044 fiscal note, which shall also be attached to the measure on first
20442045 printing.
20452046 (e) All fiscal notes shall remain with the measure
20462047 throughout the entire legislative process, including submission to
20472048 the governor.
20482049 (f) All fiscal notes must include in the summary box on the
20492050 first page of the fiscal note a statement that indicates whether the
20502051 bill or joint resolution will have fiscal implications or probable
20512052 costs in any year.
20522053 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
20532054 this section that all members of the house are timely informed as to
20542055 the impact of proposed legislation on the state or other unit of
20552056 government.
20562057 (a-1) The chair of the appropriations committee shall send a
20572058 copy of the general appropriations bill to the Legislative Budget
20582059 Board for the preparation of a dynamic economic impact statement,
20592060 specifically including the number of state employees to be affected
20602061 and the estimated impact on employment by the private sector and
20612062 local governments in Texas as a result of any change in state
20622063 expenditures made by the bill as compared to the biennium preceding
20632064 the biennium to which the bill applies.
20642065 (b) If the chair of a standing committee determines that a
20652066 bill or joint resolution:
20662067 (1) authorizes or requires a change in the sanctions
20672068 applicable to adults convicted of felony crimes, the chair shall
20682069 send a copy of the measure to the Legislative Budget Board for the
20692070 preparation of a criminal justice policy impact statement;
20702071 (2) authorizes or requires a change in the public
20712072 school finance system, the chair shall send a copy of the measure to
20722073 the Legislative Budget Board for the preparation of an equalized
20732074 education funding impact statement;
20742075 (3) proposes to change benefits or participation in
20752076 benefits of a public retirement system or change the financial
20762077 obligations of a public retirement system, the chair shall send a
20772078 copy of the measure to the Legislative Budget Board for the
20782079 preparation of an actuarial impact statement in cooperation with
20792080 the State Pension Review Board;
20802081 (4) proposes to create a water district under the
20812082 authority of Article XVI, Section 59, of the Texas Constitution,
20822083 the chair shall send a copy of the measure to the Legislative Budget
20832084 Board for the preparation of a water development policy impact
20842085 statement; or
20852086 (5) creates or impacts a state tax or fee, the chair
20862087 shall send a copy of the measure to the Legislative Budget Board for
20872088 the preparation of a tax equity note that estimates the general
20882089 effects of the proposal on the distribution of tax and fee burdens
20892090 among individuals and businesses.
20902091 (c) In preparing an impact statement, the director of the
20912092 Legislative Budget Board may utilize information or data supplied
20922093 by any person, agency, organization, or governmental unit that the
20932094 director deems reliable. If the director determines that the
20942095 particular implications of the measure cannot be ascertained, the
20952096 director shall so state in the impact statement, in which case the
20962097 impact statement shall be in full compliance with the rules.
20972098 (d) An impact statement is not required to be present before
20982099 a measure is laid out in a committee meeting. If timely received,
20992100 the impact statement shall be attached to the measure on first
21002101 printing. If the measure is amended by the committee so as to alter
21012102 its particular implications, the chair shall obtain an updated
21022103 impact statement. If timely received, the updated impact statement
21032104 shall also be attached to the measure on first printing.
21042105 (e) An impact statement that is received after the first
21052106 printing of a measure has been distributed to the members shall be
21062107 forwarded by the chair of the committee to the committee
21072108 coordinator. The committee coordinator shall have the impact
21082109 statement printed and distributed to the members.
21092110 (f) All impact statements received shall remain with the
21102111 measure throughout the entire legislative process, including
21112112 submission to the governor.
21122113 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
21132114 RESOLUTIONS. Committee reports on house and concurrent
21142115 resolutions shall be made in the same manner and shall follow the
21152116 same procedure as provided for bills, subject to any differences
21162117 otherwise authorized or directed by the rules.
21172118 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
21182119 action by the house is necessary on the report of a standing
21192120 committee. The bill, resolution, or proposition recommended or
21202121 reported by the committee shall automatically be before the house
21212122 for its consideration after the bill or resolution has been
21222123 referred to the appropriate calendars committee for placement on a
21232124 calendar and for proposal of an appropriate rule for house
21242125 consideration.
21252126 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
21262127 committee reports on bills or resolutions shall be immediately
21272128 referred to the committee coordinator. The chair of the committee
21282129 shall be responsible for delivery of the report to the committee
21292130 coordinator.
21302131 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
21312132 COMMITTEES. After printing, the chief clerk shall be responsible
21322133 for delivery of a certified copy of the committee report to the
21332134 appropriate calendars committee, which committee shall immediately
21342135 accept the bill or resolution for placement on a calendar and for
21352136 the proposal of an appropriate rule for house consideration.
21362137 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
21372138 shall provide notice to each member at the member's designated
21382139 Capitol e-mail address when a committee report under Section 38 of
21392140 this rule on a bill extending an agency, commission, or advisory
21402141 committee under the Texas Sunset Act has been printed or posted and
21412142 is available to be distributed to the appropriate calendars
21422143 committee.
21432144 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
21442145 power to amend, delete, or change in any way the nature, purpose, or
21452146 content of any bill or resolution referred to it, but may draft and
21462147 recommend amendments to it, which shall become effective only if
21472148 adopted by a majority vote of the house.
21482149 Sec. 40. SUBSTITUTES. The committee may adopt and report a
21492150 complete germane committee substitute containing the title,
21502151 enacting clause, and text of the bill in lieu of an original bill,
21512152 in which event the complete substitute bill on committee report
21522153 shall be laid before the house and shall be the matter then before
21532154 the house for its consideration, instead of the original bill. If
21542155 the substitute bill is defeated at any legislative stage, the bill
21552156 is considered not passed.
21562157 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
21572158 raised that a complete committee substitute is not germane, in
21582159 whole or in part, and the point of order is sustained, the committee
21592160 substitute shall be returned to the Committee on Calendars, which
21602161 may have the original bill printed and distributed and placed on a
21612162 calendar in lieu of the substitute or may return the original bill
21622163 to the committee from which it was reported for further action.
21632164 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
21642165 REPORT. Should the author or sponsor of the bill, resolution, or
21652166 other proposal not be satisfied with the final recommendation or
21662167 form of the committee report, the member shall have the privilege of
21672168 offering on the floor of the house such amendments or changes as he
21682169 or she considers necessary and desirable, and those amendments or
21692170 changes shall be given priority during the periods of time when
21702171 original amendments are in order under the provisions of Rule 11,
21712172 Section 7.
21722173 CHAPTER D. SUBCOMMITTEES
21732174 Sec. 43. JURISDICTION. Each committee is authorized to
21742175 conduct its activities and perform its work through the use of
21752176 subcommittees as shall be determined by the chair of the committee.
21762177 Subcommittees shall be created, organized, and operated in such a
21772178 way that the subject matter and work area of each subcommittee shall
21782179 be homogeneous and shall pertain to related governmental
21792180 activities. The size and jurisdiction of each subcommittee shall
21802181 be determined by the chair of the committee.
21812182 Sec. 44. MEMBERSHIP. The chair of each standing committee
21822183 shall appoint from the membership of the committee the members who
21832184 are to serve on each subcommittee. Any vacancy on a subcommittee
21842185 shall be filled by appointment of the chair of the standing
21852186 committee. The chair and vice-chair of each subcommittee shall be
21862187 named by the chair of the committee.
21872188 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
21882189 Procedure of the House of Representatives, to the extent
21892190 applicable, shall govern the hearings and operations of each
21902191 subcommittee. Subject to the foregoing, and to the extent
21912192 necessary for orderly transaction of business, each subcommittee
21922193 may promulgate and adopt additional rules and procedures by which
21932194 it will function.
21942195 Sec. 46. QUORUM. A majority of a subcommittee shall
21952196 constitute a quorum, and no action or recommendation of a
21962197 subcommittee shall be valid unless taken at a meeting with a quorum
21972198 actually present. All reports of a subcommittee must be approved by
21982199 record vote by a majority of the membership of the subcommittee.
21992200 Minutes of the subcommittee shall be maintained in a manner similar
22002201 to that required by the rules for standing committees. Proxies
22012202 cannot be used in subcommittees.
22022203 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
22032204 the area of its jurisdiction, shall have all of the power,
22042205 authority, and rights granted by the Rules of Procedure of the House
22052206 of Representatives to the standing committee, except subpoena
22062207 power, to the extent necessary to discharge the duties and
22072208 responsibilities of the subcommittee.
22082209 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
22092210 SUBCOMMITTEE. All bills and resolutions referred to a standing
22102211 committee shall be reviewed by the chair to determine appropriate
22112212 disposition of the bills and resolutions. All bills and
22122213 resolutions shall be considered by the entire standing committee
22132214 unless the chair of that standing committee determines to refer the
22142215 bills and resolutions to subcommittee. If a bill or resolution is
22152216 referred by the chair of the standing committee to a subcommittee,
22162217 it shall be considered by the subcommittee in the same form in which
22172218 the measure was referred to the standing committee, and any action
22182219 taken by the standing committee on a proposed amendment or
22192220 committee substitute before a measure is referred to subcommittee
22202221 is therefore voided at the time the measure is referred to
22212222 subcommittee. The subcommittee shall be charged with the duty and
22222223 responsibility of conducting the hearing, doing research, and
22232224 performing such other functions as the subcommittee or its parent
22242225 standing committee may determine. All meetings of the subcommittee
22252226 shall be scheduled by the subcommittee chair, with appropriate
22262227 public notice and notification of each member of the subcommittee
22272228 under the same rules of procedure as govern the conduct of the
22282229 standing committee.
22292230 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
22302231 deliberations on a bill, resolution, or other matter referred to
22312232 it, the subcommittee may prepare a written report, comprehensive
22322233 in nature, for submission to the full committee. The report shall
22332234 include background material as well as recommended action and shall
22342235 be accompanied by a complete draft of the bill, resolution, or other
22352236 proposal in such form as the subcommittee shall determine.
22362237 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
22372238 reports shall be directed to the chair of the committee, who shall
22382239 schedule meetings of the standing committee from time to time as
22392240 necessary and appropriate for the reception of subcommittee reports
22402241 and for action on reports by the standing committee. No
22412242 subcommittee report shall be scheduled for action by the standing
22422243 committee until at least 24 hours after a copy of the subcommittee
22432244 report is provided to each member of the standing committee.
22442245 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
22452246 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
22462247 HOUSE. The house may resolve itself into a committee of the whole
22472248 house to consider any matter referred to it by the house. In
22482249 forming a committee of the whole house, the speaker shall vacate the
22492250 chair and shall appoint a chair to preside in committee.
22502251 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
22512252 the proceedings of the house and those governing committees shall
22522253 be observed in committees of the whole, to the extent that they are
22532254 applicable.
22542255 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
22552256 WHOLE. (a) It shall be in order to move a call of the committee of
22562257 the whole at any time to secure and maintain a quorum for the
22572258 following purposes:
22582259 (1) for the consideration of a certain or specific
22592260 matter; or
22602261 (2) for a definite period of time; or
22612262 (3) for the consideration of any designated class of
22622263 bills.
22632264 (b) When a call of the committee of the whole is moved and
22642265 seconded by 10 members, of whom the chair may be one, and is ordered
22652266 by majority vote, the main entrance of the hall and all other doors
22662267 leading out of the hall shall be locked, and no member shall be
22672268 permitted to leave the hall without written permission. Other
22682269 proceedings under a call of the committee shall be the same as under
22692270 a call of the house.
22702271 Sec. 54. HANDLING OF A BILL. A bill committed to a
22712272 committee of the whole house shall be handled in the same manner as
22722273 in any other committee. The body of the bill shall not be defaced or
22732274 interlined, but all amendments shall be duly endorsed by the chief
22742275 clerk as they are adopted by the committee, and so reported to the
22752276 house. When a bill is reported by the committee of the whole house
22762277 it shall be referred immediately to the appropriate calendars
22772278 committee for placement on the appropriate calendar and shall
22782279 follow the same procedure as any other bill on committee report.
22792280 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
22802281 event that the committee of the whole, at any sitting, fails to
22812282 complete its work on any bill or resolution under consideration for
22822283 lack of time, or desires to take any action on that measure that is
22832284 permitted under the rules for other committees, it may, on a motion
22842285 made and adopted by majority vote, rise, report progress, and ask
22852286 leave of the house to sit again generally, or at a time certain.
22862287 CHAPTER F. SELECT AND INTERIM STUDY COMMITTEES
22872288 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
22882289 committees made during a session shall be filed with the chief clerk
22892290 and printed in the journal, unless otherwise determined by the
22902291 house.
22912292 [CHAPTER F. INTERIM STUDY COMMITTEES]
22922293 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
22932294 the speaker may create interim study committees to conduct studies
22942295 by issuing a proclamation for each committee, which shall specify
22952296 the issue to be studied, committee membership, and any additional
22962297 authority and duties. A copy of each proclamation creating an
22972298 interim study committee shall be filed with the chief clerk. An
22982299 interim study committee expires on release of its final report or
22992300 when the next legislature convenes, whichever is earlier. An
23002301 interim study committee may not be created by resolution.
23012302 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
23022303 appoint all members of an interim study committee, which may
23032304 include public citizens and officials of state and local
23042305 governments. The speaker shall also designate the chair and
23052306 vice-chair and may authorize the chair to create subcommittees and
23062307 appoint citizen advisory committees.
23072308 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
23082309 the proceedings of the house and those governing standing
23092310 committees shall be observed by an interim study committee, to the
23102311 extent that they are applicable. An interim study committee shall
23112312 have the power to issue process and to request assistance of state
23122313 agencies as provided for a standing committee in Sections 21, 22,
23132314 and 23 of this rule.
23142315 Sec. 60. FUNDING AND STAFF. An interim study committee
23152316 shall use existing staff resources of its members, standing
23162317 committees, house offices, and legislative service agencies. The
23172318 chair of an interim study committee shall prepare a detailed budget
23182319 for approval by the speaker and the Committee on House
23192320 Administration. An interim study committee may accept gifts,
23202321 grants, and donations for the purpose of funding its activities as
23212322 provided by Sections 301.032(b) and (c), Government Code.
23222323 Sec. 61. STUDY REPORTS. (a) The final report or
23232324 recommendations of an interim study committee shall be approved by
23242325 a majority of the committee membership. Dissenting members may
23252326 attach statements to the final report.
23262327 (b) An interim study committee shall submit the committee's
23272328 final report to the committee coordinator in the manner prescribed
23282329 by the committee coordinator. The committee coordinator shall:
23292330 (1) distribute copies of the final report to the
23302331 speaker, the Legislative Reference Library, and other appropriate
23312332 agencies; and
23322333 (2) make a copy of the final report available on the
23332334 house's Internet website.
23342335 (c) This section shall also apply to interim study reports
23352336 of standing committees.
23362337 Sec. 62. JOINT HOUSE AND SENATE INTERIM
23372338 STUDIES. Procedures may be established by a concurrent resolution
23382339 adopted by both houses, by which the speaker may authorize and
23392340 appoint, jointly with the senate, committees to conduct interim
23402341 studies. A copy of the authorization for and the appointments to a
23412342 joint interim study committee shall be filed with the chief clerk.
23422343 Individual joint interim study committees may not be authorized or
23432344 created by resolution.
23442345 RULE 5. FLOOR PROCEDURE
23452346 CHAPTER A. QUORUM AND ATTENDANCE
23462347 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
23472348 quorum to do business.
23482349 Sec. 2. ROLL CALLS. On every roll call or registration,
23492350 the names of the members shall be called or listed, as the case may
23502351 be, alphabetically by surname, except when two or more have the same
23512352 surname, in which case the initials of the members shall be added.
23522353 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
23532354 from the sessions of the house without leave, and no member shall be
23542355 excused on his or her own motion.
23552356 (b) A leave of absence may be granted by a majority vote of
23562357 the house and may be revoked at any time by a similar vote.
23572358 (c) Any member granted a leave of absence due to a meeting of
23582359 a committee or conference committee that has authority to meet
23592360 while the house is in session shall be so designated on each roll
23602361 call or registration for which that member is excused.
23612362 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
23622363 present and fails or refuses to record on a roll call after being
23632364 requested to do so by the speaker shall be recorded as present by
23642365 the speaker and shall be counted for the purpose of making a quorum.
23652366 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
23662367 order of "No Quorum" shall not be accepted by the chair if the last
23672368 roll call showed the presence of a quorum, provided the last roll
23682369 call was taken within two hours of the time the point of order is
23692370 raised.
23702371 (b) If the last roll call was taken more than two hours
23712372 before the point of order is raised, it shall be in order for the
23722373 member who raised the point of order to request a roll call. Such a
23732374 request must be seconded by 25 members. If the request for a roll
23742375 call is properly seconded, the chair shall order a roll call.
23752376 (c) Once a point of order has been made that a quorum is not
23762377 present, it may not be withdrawn after the absence of a quorum has
23772378 been ascertained and announced.
23782379 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
23792380 registration or record vote reveals that a quorum is not present,
23802381 only a motion to adjourn or a motion for a call of the house and the
23812382 motions incidental thereto shall be in order.
23822383 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
23832384 to move a call of the house at any time to secure and maintain a
23842385 quorum for one of the following purposes:
23852386 (1) for the consideration of a specific bill,
23862387 resolution, motion, or other measure;
23872388 (2) for the consideration of any designated class of
23882389 bills; or
23892390 (3) for a definite period of time.
23902391 Motions for, and incidental to, a call of the house are not
23912392 debatable.
23922393 Sec. 8. SECURING A QUORUM. When a call of the house is moved
23932394 for one of the above purposes and seconded by 15 members (of whom
23942395 the speaker may be one) and ordered by a majority vote, the main
23952396 entrance to the hall and all other doors leading out of the hall
23962397 shall be locked and no member permitted to leave the house without
23972398 the written permission of the speaker. The names of members present
23982399 shall be recorded. All absentees for whom no sufficient excuse is
23992400 made may, by order of a majority of those present, be sent for and
24002401 arrested, wherever they may be found, by the sergeant-at-arms or an
24012402 officer appointed by the sergeant-at-arms for that purpose, and
24022403 their attendance shall be secured and retained. The house shall
24032404 determine on what conditions they shall be discharged. Members who
24042405 voluntarily appear shall, unless the house otherwise directs, be
24052406 immediately admitted to the hall of the house and shall report their
24062407 names to the clerk to be entered in the journal as present.
24072408 Until a quorum appears, should the roll call fail to show one
24082409 present, no business shall be transacted, except to compel the
24092410 attendance of absent members or to adjourn. It shall not be in
24102411 order to recess under a call of the house.
24112412 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
24122413 shown to be present, the house may proceed with the matters on which
24132414 the call was ordered, or may enforce the call and await the
24142415 attendance of as many of the absentees as it desires. When the
24152416 house proceeds to the business on which the call was ordered, it
24162417 may, by a majority vote, direct the sergeant-at-arms to cease
24172418 bringing in absent members.
24182419 Sec. 10. REPEATING A RECORD VOTE. When a record vote
24192420 reveals the lack of a quorum, and a call is ordered to secure one, a
24202421 record vote shall again be taken when the house resumes business
24212422 with a quorum present.
24222423 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
24232424 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
24242425 persons shall be entitled to the privileges of the floor of the
24252426 house when the house is in session: members of the house; employees
24262427 of the house when performing their official duties as determined by
24272428 the Committee on House Administration; members of the senate;
24282429 employees of the senate when performing their official duties; the
24292430 Governor of Texas and the governor's chief of staff and director of
24302431 legislative affairs; the lieutenant governor; the secretary of
24312432 state; duly accredited media representatives as permitted by
24322433 Section 20 of this rule; contestants in election cases pending
24332434 before the house; and immediate families of the members of the
24342435 legislature on such special occasions as may be determined by the
24352436 Committee on House Administration.
24362437 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
24372438 persons shall be admitted to the area on the floor of the house
24382439 enclosed by the railing when the house is in session: members of the
24392440 house; members of the senate; the governor; the lieutenant
24402441 governor; officers and employees of the senate and house when those
24412442 officers and employees are actually engaged in performing their
24422443 official duties as determined by the Committee on House
24432444 Administration; spouses of members of the house on such occasions
24442445 as may be determined by the Committee on House Administration; and,
24452446 within the area specifically designated for media representatives,
24462447 duly accredited media representatives as permitted by Section 20 of
24472448 this rule.
24482449 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
24492450 and collectors shall not be admitted to the floor of the house while
24502451 the house is in session.
24512452 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
24522453 invite a person to address the house while it is in session shall be
24532454 in order only if the person invited is entitled to the privileges of
24542455 the floor as defined by Section 11 of this rule and if no business is
24552456 pending before the house.
24562457 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
24572458 a member of the legislature, who is lobbying or working for or
24582459 against any pending or prospective legislative measure shall be
24592460 permitted on the floor of the house or in the adjacent rooms while
24602461 the house is in session.
24612462 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
24622463 admitted to the floor of the house under the rules, except the
24632464 governor or a member of the legislature, lobbies or works for or
24642465 against any pending or prospective legislation or violates any of
24652466 the other rules of the house, the privileges extended to that person
24662467 under the rules shall be suspended by a majority vote of the
24672468 Committee on House Administration. The action of the committee
24682469 shall be reviewable by the house only if two members of the
24692470 committee request an appeal from the decision of the committee. The
24702471 request shall be in the form of a minority report and shall be
24712472 subject to the same rules that are applicable to minority reports on
24722473 bills. Suspension shall remain in force until the accused person
24732474 purges himself or herself and comes within the rules, or until the
24742475 house, by majority vote, reverses the action of the committee.
24752476 Sec. 17. MEMBERS' [MEMBERS] LOUNGE PRIVILEGES. Only the
24762477 following persons shall be admitted to the members' [members]
24772478 lounge at any time: members of the house; members of the senate;
24782479 and former members of the house and senate who are not engaged in
24792480 any form of employment requiring them to lobby or work for or
24802481 against any pending or prospective legislative measures.
24812482 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
24822483 shall be the duty of the Committee on House Administration to
24832484 determine what duties are to be discharged by officers and
24842485 employees of the house on the floor of the house, specifically in
24852486 the area enclosed by the railing, when the house is in session. It
24862487 shall be the duty of the speaker to see that the officers and
24872488 employees do not violate the regulations promulgated by the
24882489 Committee on House Administration.
24892490 Sec. 19. PROPER DECORUM. No person shall be admitted to,
24902491 or allowed to remain in, the house chamber while the house is in
24912492 session unless properly attired, and all gentlemen shall wear a
24922493 coat and tie. Food or beverage shall not be permitted in the house
24932494 chamber at any time, and no person carrying food or beverage shall
24942495 be admitted to the chamber, whether the house is in session or in
24952496 recess. Reading newspapers shall not be permitted in the house
24962497 chamber while the house is in session. Smoking is not permitted in
24972498 the members' [member's] lounge or bathrooms. The Committee on House
24982499 Administration shall designate an area for smoking that is easily
24992500 accessible to the house chamber.
25002501 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
25012502 is in session, no media representative shall be admitted to the
25022503 floor of the house or allowed its privileges unless the person is:
25032504 (1) employed by a print, broadcast, or Internet news
25042505 organization, or by a wire service serving those organizations:
25052506 (A) whose principal business is the periodic
25062507 dissemination of original news and opinion of interest to a broad
25072508 segment of the public;
25082509 (B) which has published or operated continuously
25092510 for 18 months:
25102511 (i) as a for-profit organization that is
25112512 supported chiefly by advertising or subscription revenue; or
25122513 (ii) as a nonprofit organization that has
25132514 qualified as a public charity under Section 501(c)(3), Internal
25142515 Revenue Code of 1986; and
25152516 (C) whose publications or operations are
25162517 editorially independent of any institution, foundation, or
25172518 interest group that lobbies the government or that is not
25182519 principally a general news organization; and
25192520 (2) not engaged in any lobbying or paid advocacy,
25202521 advertising, publicity, or promotion work for any individual,
25212522 political party, corporation, organization, or government agency.
25222523 (b) Any media representative seeking admission to the floor
25232524 of the house under the provisions of this section must submit to the
25242525 Committee on House Administration:
25252526 (1) a notarized application in a form determined by
25262527 the committee; and
25272528 (2) a letter from the media representative's employer
25282529 certifying that:
25292530 (A) the media representative is engaged
25302531 primarily in reporting the sessions of the legislature; and
25312532 (B) no part of the media representative's salary
25322533 for legislative coverage is paid from a source other than the news
25332534 organization or wire service that employs the media representative.
25342535 (c) Regularly accredited media representatives who have
25352536 duly qualified under the provisions of this section may, when
25362537 requested to do so, make recommendations through their professional
25372538 committees to the Committee on House Administration as to the
25382539 sufficiency or insufficiency of the credentials of any person
25392540 seeking admission to the floor of the house under this section.
25402541 (d) If the Committee on House Administration determines
25412542 that a person's media credentials meet the requirements of this
25422543 section, the committee shall issue a pass card to the person. The
25432544 committee may impose a fee to cover the costs of issuing a pass
25442545 card. This pass card must be presented to the doorkeeper each time
25452546 the person seeks admission to the floor of the house while the house
25462547 is in session. Pass cards issued under this section shall not be
25472548 transferable. The failure of a media representative to maintain the
25482549 requirements of this section may result in the revocation of the
25492550 pass card. Persons admitted to the floor of the house pursuant to
25502551 the provisions of this section shall work in appropriate convenient
25512552 seats or work stations in the house, which shall be designated for
25522553 that purpose by the Committee on House Administration.
25532554 (e) Members of the house shall not engage in interviews and
25542555 press conferences on the house floor while the house is in session.
25552556 The Committee on House Administration is authorized to enforce this
25562557 provision and to prescribe such other regulations as may be
25572558 necessary and desirable to achieve these purposes.
25582559 (f) Permission to make recordings [live or recorded
25592560 television, radio, or Internet broadcasts] in or from the house
25602561 chamber while the house is in session may be granted only by the
25612562 Committee on House Administration. The committee shall promulgate
25622563 rules [regulations] governing recordings [television, radio, or
25632564 Internet broadcasts, and such regulations shall be printed as an
25642565 addendum to the rules of the house]. When recordings [broadcasts]
25652566 from the [floor of the] house chamber are permitted [recommended]
25662567 by the Committee on House Administration, the permission
25672568 [recommendation] shall, if necessary, identify those persons in the
25682569 technical crews to whom pass cards to the floor of the house and
25692570 galleries are to be issued. Passes granted under this authority
25702571 shall be subject to revocation by [on the recommendation of] the
25712572 Committee on House Administration. As used in this subsection,
25722573 "recording" means an audio, video, or photographic recording for
25732574 immediate or delayed transmission by television or radio or through
25742575 the Internet [Each committee of the house shall have authority to
25752576 determine whether or not to permit television, radio, or Internet
25762577 broadcasts of any of its proceedings].
25772578 (g) The following individuals may submit a written
25782579 complaint regarding a decision by the Committee on House
25792580 Administration under this section:
25802581 (1) an individual who is aggrieved by the committee's
25812582 failure or refusal to grant privileges under this section; or
25822583 (2) a [A] member of the house who believes a media
25832584 representative granted privileges under this section either does
25842585 not meet the requirements of this section or has abused the
25852586 privileges granted under this section [may submit a written
25862587 complaint to the Committee on House Administration].
25872588 (h) The Committee on House Administration [committee] shall
25882589 investigate the complaint and may, if necessary, temporarily
25892590 suspend the media representative's privileges pending the
25902591 investigation. The committee shall notify the aggrieved individual
25912592 or subject of the complaint of the time and place of a hearing on the
25922593 complaint. Following the hearing, which must be conducted as
25932594 provided by committee rule, the committee shall determine whether
25942595 the aggrieved individual meets the requirements of this section
25952596 and, as applicable:
25962597 (1) issue a pass card if the committee determines that
25972598 the individual's media credentials meet the requirements of this
25982599 section; or
25992600 (2) revoke the media representative's privileges
26002601 granted under this section [are revoked] if the committee
26012602 determines that the allegations contained in the complaint are
26022603 valid.
26032604 (i) The final determination by the Committee on House
26042605 Administration on a complaint:
26052606 (1) must be entered in the committee minutes and, if
26062607 the house is convened in a regular or special session, delivered to
26072608 the journal clerk and printed in the journal; and
26082609 (2) is not subject to further review except as
26092610 provided by this section.
26102611 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
26112612 HOUSE CHAMBER. When the house is not in session, the floor of the
26122613 house shall remain open on days and hours determined by the
26132614 Committee on House Administration. By resolution, the house may
26142615 open the floor of the house during its sessions for the inauguration
26152616 of the governor and lieutenant governor and for such other public
26162617 ceremonies as may be deemed warranted.
26172618 CHAPTER C. SPEAKING AND DEBATE
26182619 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
26192620 speak or deliver any matter to the house, the member shall rise and
26202621 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
26212622 on being recognized, may address the house from the microphone at
26222623 the reading clerk's desk, and shall confine all remarks to the
26232624 question under debate, avoiding personalities.
26242625 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
26252626 members rise at once, the speaker shall name the one who is to speak
26262627 first. This decision shall be final and not open to debate or
26272628 appeal.
26282629 Sec. 24. RECOGNITION. (a) Except as otherwise provided
26292630 by this section, there shall be no appeal from the speaker's
26302631 recognition, but the speaker shall be governed by rules and usage in
26312632 priority of entertaining motions from the floor. When a member
26322633 seeks recognition, the speaker may ask, "For what purpose does the
26332634 member rise?" or "For what purpose does the member seek
26342635 recognition?" and may then decide if recognition is to be granted,
26352636 except that the speaker shall recognize a member who seeks
26362637 recognition on a question of privilege.
26372638 (b) If the speaker denies recognition of a member who seeks
26382639 recognition on a question of privilege, other than a question of
26392640 privilege relating to the right of the house to remove the speaker
26402641 and elect a new speaker, the decision of recognition may be appealed
26412642 using the procedures provided in Rule 1, Section 9.
26422643 (c) If the speaker denies recognition of a member who seeks
26432644 recognition on a question of privilege relating to the right of the
26442645 house to remove the speaker and elect a new speaker, the member may
26452646 appeal the speaker's denial of recognition if the member submits to
26462647 the speaker a written request, signed by at least 76 members of the
26472648 house, to appeal the decision of recognition. Upon receiving a
26482649 request for appeal in accordance with this subsection, the speaker
26492650 shall announce the request to the house. The names of the members
26502651 who signed the request and the time that the announcement was made
26512652 shall be entered in the journal. The appeal of a decision of
26522653 recognition under this subsection is eligible for consideration 24
26532654 hours after the request for appeal has been announced in accordance
26542655 with this subsection. The appeal and consideration of the question
26552656 of privilege, if the appeal is successful, takes precedence over
26562657 all other questions except motions to adjourn.
26572658 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
26582659 member who has the floor shall not be interrupted by another member
26592660 for any purpose, unless he or she consents to yield to the other
26602661 member. A member desiring to interrupt another in debate should
26612662 first address the speaker for the permission of the member
26622663 speaking. The speaker shall then ask the member who has the floor
26632664 if he or she wishes to yield, and then announce the decision of that
26642665 member. The member who has the floor may exercise personal
26652666 discretion as to whether or not to yield, and it is entirely within
26662667 the member's discretion to determine who shall interrupt and when.
26672668 Sec. 26. YIELDING THE FLOOR. A member who obtains the
26682669 floor on recognition of the speaker may not be taken off the floor
26692670 by a motion, even the highly privileged motion to adjourn, but if
26702671 the member yields to another to make a motion or to offer an
26712672 amendment, he or she thereby loses the floor.
26722673 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
26732674 proposition, or the member reporting any measure from a committee,
26742675 or, in the absence of either of them, any other member designated by
26752676 such absentee, shall have the right to open and close the debate,
26762677 and for this purpose may speak each time not more than 20 minutes.
26772678 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
26782679 limited to 10 minutes in duration, except as provided in Section 27
26792680 of this rule, and the speaker shall call the members to order at the
26802681 expiration of their time. If the house by a majority vote extends
26812682 the time of any member, the extension shall be for 10 minutes only.
26822683 A second extension of time shall be granted only by unanimous
26832684 consent. During the last 10 calendar days of the regular session,
26842685 and the last 5 calendar days of a special session, Sundays excepted,
26852686 all speeches shall be limited to 10 minutes and shall not be
26862687 extended. The time limits established by this rule shall include
26872688 time consumed in yielding to questions from the floor.
26882689 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
26892690 speak more than twice on the same question without leave of the
26902691 house, nor more than once until every member choosing to speak has
26912692 spoken, nor shall any member be permitted to consume the time of
26922693 another member without leave of the house being given by a majority
26932694 vote.
26942695 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
26952696 pending question is not disposed of because of an adjournment of the
26962697 house, a member who has spoken twice on the subject shall not be
26972698 allowed to speak again without leave of the house.
26982699 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
26992700 a paper is called for, and objection is made, the matter shall be
27002701 determined by a majority vote of the house, without debate.
27012702 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
27022703 person shall pass between the front and back microphones during
27032704 debate or when a member has the floor and is addressing the house.
27042705 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
27052706 member, in speaking or otherwise, transgresses the rules of the
27062707 house, the speaker shall, or any member may, call the member to
27072708 order, in which case the member so called to order shall immediately
27082709 be seated; however, that member may move for an appeal to the house,
27092710 and if appeal is duly seconded by 10 members, the matter shall be
27102711 submitted to the house for decision by majority vote. In such
27112712 cases, the speaker shall not be required to relinquish the chair, as
27122713 is required in cases of appeals from the speaker's decisions. The
27132714 house shall, if appealed to, decide the matter without debate. If
27142715 the decision is in favor of the member called to order, the member
27152716 shall be at liberty to proceed; but if the decision is against the
27162717 member, he or she shall not be allowed to proceed, and, if the case
27172718 requires it, shall be liable to the censure of the house, or such
27182719 other punishment as the house may consider proper.
27192720 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
27202721 All proceedings of the house of representatives shall be
27212722 electronically recorded under the direction of the Committee on
27222723 House Administration. Copies of the proceedings may be released
27232724 under guidelines promulgated by the Committee on House
27242725 Administration.
27252726 (b) Archived video broadcasts of proceedings in the house
27262727 chamber that are available through the house's Internet or intranet
27272728 website may, under the direction of the Committee on House
27282729 Administration, include a link to the point in time in the video
27292730 where each measure under consideration by the house is laid out.
27302731 Such a link shall be provided as soon as the committee determines is
27312732 practical.
27322733 CHAPTER D. QUESTIONS OF PRIVILEGE
27332734 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
27342735 privilege shall be:
27352736 (1) those affecting the rights of the house
27362737 collectively, its safety and dignity, and the integrity of its
27372738 proceedings, including the right of the house to remove the speaker
27382739 and elect a new speaker; and
27392740 (2) those affecting the rights, reputation, and
27402741 conduct of members individually in their representative capacity
27412742 only.
27422743 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
27432744 of privilege shall have precedence over all other questions except
27442745 motions to adjourn. When in order, a member may address the house
27452746 on a question of privilege, or may at any time print it in the
27462747 journal, provided it contains no reflection on any member of the
27472748 house.
27482749 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
27492750 shall not be in order for a member to address the house on a question
27502751 of privilege:
27512752 (1) between the time an undebatable motion is offered
27522753 and the vote is taken on the motion;
27532754 (2) between the time the previous question is ordered
27542755 and the vote is taken on the last proposition included under the
27552756 previous question; or
27562757 (3) between the time a motion to table is offered and
27572758 the vote is taken on the motion.
27582759 (b) If a question of privilege relating to removal of the
27592760 speaker and election of a new speaker fails, a subsequent attempt to
27602761 remove the same speaker can be made only by reconsidering the vote
27612762 by which the original question of privilege failed. Such
27622763 reconsideration shall be subject to the rules of the house
27632764 governing reconsideration.
27642765 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
27652766 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
27662767 members must confine their remarks within the limits of Section 35
27672768 of this rule, which will be strictly construed to achieve the
27682769 purposes hereof.
27692770 (b) When a member is speaking on privilege, the member shall
27702771 not be interrupted by another member for any purpose. While the
27712772 member is speaking, another member may submit a question of order to
27722773 the speaker in writing or by approaching the podium in person. The
27732774 member submitting the question of order shall not interrupt the
27742775 member who is speaking. The speaker may interrupt the member who is
27752776 speaking if the speaker determines it is appropriate to address the
27762777 question of order at that time.
27772778 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
27782779 of a main or subsidiary motion shall not be discussed or debated
27792780 under the guise of speaking to a question of privilege.
27802781 CHAPTER E. VOTING
27812782 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
27822783 votes, except viva voce votes, members shall record their votes on
27832784 the voting machine and shall not be recognized by the chair to cast
27842785 their votes from the floor. If a member attempts to vote from the
27852786 floor, the speaker shall sustain a point of order directed against
27862787 the member's so doing. This rule shall not be applicable to the
27872788 mover or the principal opponent of the proposition being voted on
27882789 nor to a member whose voting machine is out of order. If a member
27892790 demands strict enforcement of this section, Section 47 shall not
27902791 apply to the taking of a vote, and the house may discipline a member
27912792 in violation of this rule pursuant to its inherent authority.
27922793 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
27932794 registration or vote taken on the voting machine of the house shall
27942795 in all instances be considered the equivalent of a roll call or yea
27952796 and nay vote, which might be had for the same purpose.
27962797 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
27972798 member who has a personal or private interest in any measure or bill
27982799 proposed or pending before the house shall disclose the fact and not
27992800 vote thereon.
28002801 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
28012802 house, a quorum being present, the question shall be divided, if it
28022803 includes propositions so distinct in substance that, one being
28032804 taken away, a substantive proposition remains. A motion for a
28042805 division vote cannot be made after the previous question has been
28052806 ordered, after a motion to table has been offered, after the
28062807 question has been put, nor after the yeas and nays have been
28072808 ordered. Under this subsection, the speaker may divide the
28082809 question into groups of propositions that are closely related.
28092810 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
28102811 present and fails or refuses to vote after being requested to do so
28112812 by the speaker shall be recorded as present but not voting, and
28122813 shall be counted for the purpose of making a quorum.
28132814 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
28142815 member must be on the floor of the house or in an adjacent room or
28152816 hallway on the same level as the house floor, in order to vote.
28162817 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
28172818 each calendar day in which the house is in session, it shall be the
28182819 duty of the journal clerk to lock the voting machine of each member
28192820 who is excused or who is otherwise known to be absent. Each such
28202821 machine shall remain locked until the member in person contacts the
28212822 journal clerk and personally requests the unlocking of the machine.
28222823 Unless otherwise directed by the speaker, the journal clerk shall
28232824 not unlock any machine except at the personal request of the member
28242825 to whom the machine is assigned. Any violation, or any attempt by a
28252826 member or employee to circumvent the letter or spirit of this
28262827 section, shall be reported immediately to the speaker for such
28272828 disciplinary action by the speaker, or by the house, as may be
28282829 warranted under the circumstances.
28292830 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
28302831 guilty by the house of knowingly voting for another member on the
28312832 voting machine without that other member's permission shall be
28322833 subject to discipline deemed appropriate by the house.
28332834 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
28342835 begun, it may not be interrupted for any reason. While a yea and nay
28352836 vote is being taken, or the vote is being counted, no member shall
28362837 visit the reading clerk's desk or the voting clerk's desk.
28372838 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
28382839 allowed to interrupt the vote or to make any explanation of a vote
28392840 that the member is about to give after the voting machine has been
28402841 opened, but may record in the journal the reasons for giving such a
28412842 vote.
28422843 (b) A "Reason for Vote" must be in writing and filed with the
28432844 journal clerk. If timely received, the "Reason for Vote" shall be
28442845 printed immediately following the results of the vote in the
28452846 journal. Otherwise, "Reasons for Vote" shall be printed in a
28462847 separate section at the end of the journal for the day on which the
28472848 reasons were recorded with the journal clerk. Such "Reason for
28482849 Vote" shall not deal in personalities or contain any personal
28492850 reflection on any member of the legislature, the speaker, the
28502851 lieutenant governor, or the governor, and shall not in any other
28512852 manner transgress the rules of the house relating to decorum and
28522853 debate.
28532854 (c) A member absent when a vote was taken may file with the
28542855 journal clerk while the house is in session a statement of how the
28552856 member would have voted if present. If timely received, the
28562857 statement shall be printed immediately following the results of the
28572858 vote in the journal. Otherwise, statements shall be printed in a
28582859 separate section at the end of the journal for the day on which the
28592860 statements were recorded with the journal clerk.
28602861 Sec. 50. PAIRS. (a) All pairs must be announced before the
28612862 vote is declared by the speaker, and a written statement sent to the
28622863 journal clerk. The statement must be signed by the absent member to
28632864 the pair, or the member's signature must have been authorized in
28642865 writing or by telephone, and satisfactory evidence presented to the
28652866 speaker if deemed necessary. If authorized in writing, the writing
28662867 shall be delivered to the chief clerk by personal delivery or by
28672868 commercially acceptable means of delivery, including electronic
28682869 transmission by PDF or similar secure format that is capable of
28692870 transmitting an accurate image of the member's signature. If
28702871 authorized by telephone, the call must be to and confirmed by the
28712872 chief clerk in advance of the vote to which it applies. Pairs shall
28722873 be entered in the journal, and the member present shall be counted
28732874 to make a quorum.
28742875 (b) The speaker may not refuse to recognize a pair that
28752876 complies with the requirements of Subsection (a), if both members
28762877 consent to the pair.
28772878 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
2878- desire of any member present, the yeas and nays of the members of
2879- the house on any question shall be taken and entered in the journal.
2880- No member or members shall be allowed to call for a yea and nay vote
2881- after a vote has been declared by the speaker.
2879+ desire of any three members [member] present, the yeas and nays of
2880+ the members of the house on any question shall be taken and entered
2881+ in the journal. No member or members shall be allowed to call for a
2882+ yea and nay vote after a vote has been declared by the speaker.
28822883 (b) A motion to expunge a yea and nay vote from the journal
28832884 shall not be in order.
28842885 (c) The yeas and nays of the members of the house on final
28852886 passage of any bill, any joint resolution proposing or ratifying a
28862887 constitutional amendment, and any other resolution, other than a
28872888 resolution of a purely ceremonial or honorary nature, shall be
28882889 taken and entered in the journal. For purposes of this subsection, a
28892890 vote on final passage includes a vote on:
28902891 (1) third reading;
28912892 (2) second reading if the house suspends or otherwise
28922893 dispenses with the requirement for three readings;
28932894 (3) whether to concur in the senate's amendments; or
28942895 (4) whether to adopt a conference committee report.
28952896 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
28962897 Committee on House Administration shall ensure that:
28972898 (1) the recorded yeas and nays are available to the
28982899 public on the Internet and on any televised broadcast of the house
28992900 proceedings produced by or under the direction of the house; and
29002901 (2) members of the public may view the yeas and nays in
29012902 real time to the extent possible on the Internet and on any
29022903 televised broadcast of the house proceedings produced by or under
29032904 the direction of the house.
29042905 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
29052906 any question where a record of the yeas and nays has not been
29062907 ordered, members may have their votes recorded in the journal as
29072908 "yea" or "nay" by filing such information with the journal clerk
29082909 before adjournment or recess to another calendar day.
29092910 Sec. 53. CHANGING A VOTE. Before the result of a vote has
29102911 been finally and conclusively pronounced by the chair, but not
29112912 thereafter, a member may change his or her vote; however, if a
29122913 member's vote is erroneous, the member shall be allowed to change
29132914 that vote at a later time provided:
29142915 (1) the result of the record vote is not changed
29152916 thereby;
29162917 (2) the request is made known to the house by the chair
29172918 and permission for the change is granted by unanimous consent; and
29182919 (3) a notation is made in the journal that the member's
29192920 vote was changed.
29202921 Sec. 54. TIE VOTE. All matters on which a vote may be taken
29212922 by the house shall require for adoption a favorable affirmative
29222923 vote as required by these rules, and in the case of a tie vote, the
29232924 matter shall be considered lost.
29242925 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
29252926 result of a yea and nay vote is close, the speaker may on the request
29262927 of any member order a verification vote, or the speaker may order a
29272928 verification on his or her own initiative. During verification, no
29282929 member shall change a vote unless it was erroneously recorded, nor
29292930 may any member not having voted cast a vote; however, when the clerk
29302931 errs in reporting the yeas and nays, and correction thereof leaves
29312932 decisive effect to the speaker's vote, the speaker may exercise the
29322933 right to vote, even though the result has been announced. A
29332934 verification shall be called for immediately after the vote is
29342935 announced. The speaker shall not entertain a request for
29352936 verification after the house has proceeded to the next question, or
29362937 after a recess or an adjournment. A vote to recess or adjourn, like
29372938 any other proposition, may be verified. Only one vote verification
29382939 can be pending at a time. A verification may be dispensed with by a
29392940 two-thirds vote.
29402941 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
29412942 allow the verification of a registration (as differentiated from a
29422943 record vote) if in the speaker's opinion there is serious doubt as
29432944 to the presence of a quorum.
29442945 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
29452946 VERIFICATION. A motion for a call of the house, and all incidental
29462947 motions relating to it, shall be in order pending the verification
29472948 of a vote. These motions must be made before the roll call on
29482949 verification begins, and it shall not be in order to break into the
29492950 roll call to make them.
29502951 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
29512952 VOTE. If, by an error of the voting clerk or reading clerk in
29522953 reporting the yeas and nays from a registration or verification,
29532954 the speaker announces a result different from that shown by the
29542955 registration or verification, the status of the question shall be
29552956 determined by the vote as actually recorded. If the vote is
29562957 erroneously announced in such a way as to change the true result,
29572958 all subsequent proceedings in connection therewith shall fail, and
29582959 the journal shall be amended accordingly.
29592960 RULE 6. ORDER OF BUSINESS AND CALENDARS
29602961 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
29612962 convenes on a new legislative day, the daily order of business shall
29622963 be as follows:
29632964 (1) Call to order by speaker.
29642965 (2) Registration of members.
29652966 (3) Prayer by chaplain, unless the invocation has been
29662967 given previously on the particular calendar day.
29672968 (4) Pledge of allegiance to the United States flag.
29682969 (5) Pledge of allegiance to the Texas flag.
29692970 (6) Excuses for absence of members and officers.
29702971 (7) First reading and reference to committee of bills
29712972 filed with the chief clerk; and motions to introduce bills, when
29722973 such motions are required.
29732974 (8) Requests to print bills and other papers; requests
29742975 of committees for further time to consider papers referred to them;
29752976 and all other routine motions and business not otherwise provided
29762977 for, all of which shall be undebatable except that the mover and one
29772978 opponent of the motion shall be allowed three minutes each.
29782979 The mover of a routine motion shall be allowed his or her
29792980 choice of making the opening or the closing speech under this rule.
29802981 If the house, under a suspension of the rules, extends the time of a
29812982 member under this rule, such extensions shall be for three minutes.
29822983 Subsidiary motions that are applicable to routine motions shall be
29832984 in order, but the makers of such subsidiary motions shall not be
29842985 entitled to speak thereon in the routine motion period, nor shall
29852986 the authors of the original routine motions be allowed any
29862987 additional time because of subsidiary motions.
29872988 (9) Unfinished business.
29882989 (10) Third reading calendars of the house in their
29892990 order of priority in accordance with Section 7 of this rule, unless
29902991 a different order is determined under other provisions of these
29912992 rules.
29922993 (11) Postponed matters to be laid before the house in
29932994 accordance with Rule 7, Section 15.
29942995 (12) Second reading calendars of the house in their
29952996 order of priority in accordance with Section 7 of this rule, unless
29962997 a different order is determined under other provisions of these
29972998 rules.
29982999 (b) When the house reconvenes for the first time on a new
29993000 calendar day following a recess, the daily order of business shall
30003001 be:
30013002 (1) Call to order by the speaker.
30023003 (2) Registration of members.
30033004 (3) Prayer by the chaplain.
30043005 (4) Pledge of allegiance to the United States flag.
30053006 (5) Pledge of allegiance to the Texas flag.
30063007 (6) Excuses for absence of members and officers.
30073008 (7) Pending business.
30083009 (8) Calendars of the house in their order of priority
30093010 in accordance with Section 7 of this rule, unless a different order
30103011 is determined under other provisions of these rules.
30113012 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
30123013 other measure may on any day be made a special order for the same day
30133014 or for a future day of the session by an affirmative vote of
30143015 two-thirds of the members present. A motion to set a special order
30153016 shall be subject to the three-minute pro and con debate rule. When
30163017 once established as a special order, a bill, resolution, or other
30173018 measure shall be considered from day to day until disposed of; and
30183019 until it has been disposed of, no further special orders shall be
30193020 made.
30203021 A three-fourths vote of the members present shall be required
30213022 to suspend the portion of this rule which specifies that only one
30223023 special order may be made and pending at a time.
30233024 (b) After the first eight items under the daily order of
30243025 business for a legislative day have been passed, a special order
30253026 shall have precedence when the hour for its consideration has
30263027 arrived, except as provided in Section 9 of this rule.
30273028 (c) After the 115th day of a regular session, if a joint
30283029 resolution has appeared on a daily house calendar and is adopted,
30293030 and a bill that is enabling legislation for the joint resolution is
30303031 either on or eligible to be placed on a calendar, the author or
30313032 sponsor of the bill or another member may immediately be recognized
30323033 for a motion to set the bill that is the enabling legislation as a
30333034 special order pursuant to this section. For purposes of this
30343035 subsection, the bill must have been designated as the enabling
30353036 legislation for the joint resolution in writing filed with the
30363037 chief clerk not later than the date the committee report for the
30373038 enabling legislation is printed and distributed.
30383039 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
30393040 may be postponed to a day certain by a two-thirds vote of those
30403041 present, and when so postponed, shall be considered as disposed of
30413042 so far as its place as a special order is concerned.
30423043 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
30433044 resolution laid on the table subject to call may be made a special
30443045 order.
30453046 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
30463047 motion is pending to set a particular bill or resolution as a
30473048 special order, it shall not be in order to move as a substitute to
30483049 set another bill or resolution as a special order. It shall be in
30493050 order, however, to substitute, by majority vote, a different time
30503051 for the special order consideration than that given in the original
30513052 motion.
30523053 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
30533054 If a member moves to set a bill or joint resolution as a special
30543055 order, or moves to suspend the rules to take up a bill or joint
30553056 resolution out of its regular order, and the motion prevails, the
30563057 member shall not have the right to make either of these motions
30573058 again until every other member has had an opportunity, via either of
30583059 these motions, to have some bill or joint resolution considered out
30593060 of its regular order during that session of the legislature. A
30603061 member shall not lose the suspension privilege if the motion to
30613062 suspend or set for special order does not prevail.
30623063 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
30633064 the house shall be controlled by a system of calendars, consisting
30643065 of the following:
30653066 (1) EMERGENCY CALENDAR, on which shall appear bills
30663067 considered to be of such pressing and imperative import as to demand
30673068 immediate action, bills to raise revenue and levy taxes, and the
30683069 general appropriations bill. A bill submitted as an emergency
30693070 matter by the governor may also be placed on this calendar.
30703071 (2) MAJOR STATE CALENDAR, on which shall appear bills
30713072 of statewide effect, not emergency in nature, which establish or
30723073 change state policy in a major field of governmental activity and
30733074 which will have a major impact in application throughout the state
30743075 without regard to class, area, or other limiting factors.
30753076 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
30763077 shall appear joint resolutions proposing amendments to the Texas
30773078 Constitution, joint resolutions proposing the ratification of
30783079 amendments to the Constitution of the United States, and joint
30793080 resolutions applying to Congress for a convention to amend the
30803081 Constitution of the United States.
30813082 (4) GENERAL STATE CALENDAR, on which shall appear
30823083 bills of statewide effect, not emergency in nature, which establish
30833084 or change state law and which have application to all areas but are
30843085 limited in legal effect by classification or other factors which
30853086 minimize the impact to something less than major state policy, and
30863087 bills, not emergency in nature, which are not on the local, consent,
30873088 and resolutions calendar.
30883089 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
30893090 shall appear bills, house resolutions, and concurrent resolutions,
30903091 not emergency in nature, regardless of extent and scope, on which
30913092 there is such general agreement as to render improbable any
30923093 opposition to the consideration and passage thereof, and which have
30933094 been recommended by the appropriate standing committee for
30943095 placement on the local, consent, and resolutions calendar by the
30953096 Committee on Local and Consent Calendars.
30963097 (6) RESOLUTIONS CALENDAR, on which shall appear house
30973098 resolutions and concurrent resolutions, not emergency in nature and
30983099 not privileged.
30993100 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
31003101 on which shall appear congratulatory and memorial resolutions whose
31013102 sole intent is to congratulate, memorialize, or otherwise express
31023103 concern or commendation. The Committee on Resolutions Calendars
31033104 may provide separate categories for congratulatory and memorial
31043105 resolutions.
31053106 (b) A calendars committee shall strictly construe and the
31063107 speaker shall strictly enforce this system of calendars.
31073108 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
31083109 resolutions pending in the house shall follow the same procedure
31093110 with regard to calendars as house bills and resolutions, but
31103111 separate calendars shall be maintained for senate bills and
31113112 resolutions, and consideration of them on senate bill days shall
31123113 have priority in the manner and order specified in this rule.
31133114 (b) No other business shall be considered on days devoted to
31143115 the consideration of senate bills when there remain any bills on any
31153116 of the senate calendars, except with the consent of the senate. When
31163117 all senate calendars are clear, the house may proceed to
31173118 consideration of house calendars on senate bill days.
31183119 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
31193120 on calendar Thursday of each week, only senate bills and senate
31203121 resolutions shall be taken up and considered, until disposed of.
31213122 Senate bills and senate resolutions shall be considered in the
31223123 order prescribed in Section 7 of this rule on separate senate
31233124 calendars prepared by the Committee on Calendars. In case a senate
31243125 bill or senate resolution is pending at adjournment on calendar
31253126 Thursday, it shall go over to the succeeding calendar Wednesday as
31263127 unfinished business.
31273128 (b) Precedence given in Rule 8 to certain classes of bills
31283129 during the first 60 calendar days of a regular session shall also
31293130 apply to senate bills on senate bill days.
31303131 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
31313132 SUBJECT. When any house bill is reached on the calendar or is
31323133 before the house for consideration, it shall be the duty of the
31333134 speaker to give the place on the calendar of the house bill to any
31343135 senate bill containing the same subject that has been referred to
31353136 and reported from a committee of the house and to lay the senate
31363137 bill before the house, to be considered in lieu of the house bill.
31373138 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
31383139 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
31393140 the chair of the Committee on Resolutions Calendars shall move to
31403141 designate periods for the consideration of congratulatory and
31413142 memorial calendars. Each such motion shall require a two-thirds
31423143 vote for its adoption. In each instance, the Committee on
31433144 Resolutions Calendars shall prepare and post on the electronic
31443145 legislative information system a calendar at least 24 hours in
31453146 advance of the hour set for consideration. No memorial or
31463147 congratulatory resolution will be heard by the full house without
31473148 having first been approved, at least 24 hours in advance, by a
31483149 majority of the membership of the Committee on Resolutions
31493150 Calendars, in accordance with Rule 4, Section 16. It shall not be
31503151 necessary for the Committee on Resolutions Calendars to report a
31513152 memorial or congratulatory resolution from committee in order to
31523153 place the resolution on a congratulatory and memorial calendar. If
31533154 the Committee on Resolutions Calendars determines that a resolution
31543155 is not eligible for placement on the congratulatory and memorial
31553156 calendar the measure shall be sent to the Committee on Calendars for
31563157 further action. A congratulatory and memorial calendar will
31573158 contain the resolution number, the author's name, and a brief
31583159 description of the intent of the resolution. On the congratulatory
31593160 and memorial calendar, congratulatory resolutions may be listed
31603161 separately from memorial resolutions. Once a calendar is posted,
31613162 no additional resolutions will be added to it, and the requirements
31623163 of this section shall not be subject to suspension.
31633164 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
31643165 MEMORIAL CALENDARS. During the consideration of a congratulatory
31653166 and memorial calendar, resolutions shall not be read in full unless
31663167 they pertain to members or former members of the legislature, or
31673168 unless the intended recipient of the resolution is present on the
31683169 house floor or in the gallery. All other such resolutions shall be
31693170 read only by number, type of resolution, and name of the person or
31703171 persons designated in the resolutions. Members shall notify the
31713172 chair, in advance of consideration of the calendar, of any
31723173 resolutions that will be required to be read in full. In addition,
31733174 the following procedures shall be observed:
31743175 (1) The chair shall recognize the reading clerk to
31753176 read the resolutions within each category on the calendar only by
31763177 number, type of resolution, author or sponsor, and name of the
31773178 person or persons designated in the resolutions, except for those
31783179 resolutions that have been withdrawn or that are required to be read
31793180 in full. The resolutions read by the clerk shall then be adopted in
31803181 one motion for each category.
31813182 (2) Subsequent to the adoption of the resolutions read
31823183 by the clerk, the chair shall proceed to lay before the house the
31833184 resolutions on the calendar that are required to be read in full.
31843185 Each such resolution shall be read and adopted individually.
31853186 (3) If it develops that any resolution on the
31863187 congratulatory and memorial calendar does not belong on that
31873188 calendar, the chair shall withdraw the resolution from further
31883189 consideration, remove it from the calendar, and refer it to the
31893190 appropriate calendars committee for placement on the proper
31903191 calendar.
31913192 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
31923193 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
31933194 warrant, the chair of the Committee on Local and Consent Calendars
31943195 shall move to designate periods for the consideration of local,
31953196 consent, and resolutions calendars. Each such motion shall require
31963197 a two-thirds vote for its adoption. In each instance, the Committee
31973198 on Local and Consent Calendars shall prepare and post on the
31983199 electronic legislative information system a calendar at least 48
31993200 hours in advance of the hour set for consideration. Once a calendar
32003201 is posted, no additional bills or resolutions will be added to it.
32013202 This requirement can be suspended only by unanimous consent. No
32023203 local, consent, and resolutions calendar may be considered by the
32033204 house if it is determined that the rules of the house were not
32043205 complied with by the Committee on Local and Consent Calendars in
32053206 preparing that calendar.
32063207 (b) The period designated for the consideration of a local,
32073208 consent, and resolutions calendar under this section or under a
32083209 special order under Section 2 of this rule may not exceed one
32093210 calendar day.
32103211 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
32113212 RESOLUTIONS CALENDARS. During the consideration of a local,
32123213 consent, and resolutions calendar set by the Committee on Local and
32133214 Consent Calendars the following procedures shall be observed:
32143215 (1) The chair shall allow the sponsor of each bill or
32153216 resolution three minutes to explain the measure, and the time shall
32163217 not be extended except by unanimous consent of the house. This rule
32173218 shall have precedence over all other rules limiting time for
32183219 debate.
32193220 (2) If it develops that any bill or resolution on a
32203221 local, consent, and resolutions calendar is to be contested on the
32213222 floor of the house under Subdivision (3) or (4) of this section, the
32223223 chair shall withdraw the bill or resolution from further
32233224 consideration and remove it from the calendar.
32243225 (3) Any bill or resolution on a local, consent, and
32253226 resolutions calendar shall be considered contested if notice is
32263227 given by five or more members present in the house under Rule 5,
32273228 Section 45, that they intend to oppose the bill or resolution,
32283229 either by a raising of hands or the delivery of written notice to
32293230 the chair.
32303231 (4) Any bill or resolution on a local, consent, and
32313232 resolutions calendar shall be considered contested if debate
32323233 exceeds 10 minutes, after the chair lays out the bill or resolution
32333234 following the sponsor's explanation under Subdivision (1) of this
32343235 section. The chair shall strictly enforce this time limit and
32353236 automatically withdraw the bill from further consideration if the
32363237 time limit herein imposed is exceeded.
32373238 (5) Any bill or resolution on a local, consent, and
32383239 resolutions calendar that is not reached for floor consideration
32393240 because of the expiration of the calendar day period for
32403241 consideration established by Section 13 of this rule shall carry
32413242 over onto the next local, consent, and resolutions calendar. Bills
32423243 or resolutions that carry over must appear in the same relative
32433244 order as on the calendar on which the bills or resolutions initially
32443245 appeared, and bills or resolutions originally from older calendars
32453246 must appear before those originally from more recent calendars.
32463247 (6) A motion to postpone a bill or resolution on a
32473248 local, consent, and resolutions calendar to a subsequent
32483249 legislative or calendar day requires an affirmative vote of
32493250 two-thirds of the members present.
32503251 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
32513252 local, consent, and resolutions calendars and congratulatory and
32523253 memorial calendars, consideration of calendars shall be in the
32533254 order named in Section 7 of this rule, subject to any exceptions
32543255 ordered by the Committee on Calendars. Bills and resolutions on
32553256 third reading shall have precedence over bills and resolutions on
32563257 second reading.
32573258 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
32583259 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
32593260 prepared daily when the house is in session. A calendar must be
32603261 posted on the electronic legislative information system at least 36
32613262 hours if convened in regular session and 24 hours if convened in
32623263 special session before the calendar may be considered by the house,
32633264 except as otherwise provided by these rules for the calendar on
32643265 which the general appropriations bill is first eligible for
32653266 consideration on second reading when convened in regular session.
32663267 A calendar that contains a bill extending an agency, commission, or
32673268 advisory committee under the Texas Sunset Act must be posted at
32683269 least 48 hours if convened in regular or special session before the
32693270 calendar may be considered by the house. Deviations from the
32703271 calendars as posted shall not be permitted except that the
32713272 Committee on Calendars shall be authorized to prepare and post, not
32723273 later than two hours before the house convenes, a supplemental
32733274 daily house calendar, on which shall appear:
32743275 (1) bills or resolutions which were passed to third
32753276 reading on the previous legislative day, except as provided by
32763277 Section 24(b) of this rule;
32773278 (2) bills or resolutions which appeared on the Daily
32783279 House Calendar for a previous calendar day which were not reached
32793280 for floor consideration;
32803281 (3) postponed business from a previous calendar day;
32813282 and
32823283 (4) notice to take from the table a bill or resolution
32833284 which was laid on the table subject to call on a previous
32843285 legislative day.
32853286 In addition to the items listed above, the bills and
32863287 resolutions from a daily house calendar that will be eligible for
32873288 consideration may be incorporated, in their proper order as
32883289 determined by these rules, into the supplemental daily house
32893290 calendar.
32903291 (a-1) If the house is convened in regular session, the
32913292 calendar on which the general appropriations bill is first eligible
32923293 for consideration on second reading must be posted on the
32933294 electronic legislative information system at least 144 hours before
32943295 the calendar may be considered by the house. The posted calendar
32953296 must indicate the date and time at which the calendar is scheduled
32963297 for consideration by the house, which date and time must be in
32973298 accordance with Rule 8, Section 14.
32983299 (b) In addition, when the volume of legislation shall
32993300 warrant, and upon request of the speaker, the chief clerk shall have
33003301 prepared a list of Items Eligible for Consideration, on which shall
33013302 appear only:
33023303 (1) house bills with senate amendments that are
33033304 eligible for consideration under Rule 13, Section 5, including the
33043305 number of senate amendments and the total number of pages of senate
33053306 amendments;
33063307 (2) senate bills for which the senate has requested
33073308 appointment of a conference committee; and
33083309 (3) conference committee reports that are eligible for
33093310 consideration under Rule 13, Section 10.
33103311 (c) The list of Items Eligible for Consideration must be
33113312 posted on the electronic legislative information system at least
33123313 six hours before the list may be considered by the house.
33133314 (d) The time at which a calendar or list is posted on the
33143315 electronic legislative information system shall be time-stamped on
33153316 the originals of the calendar or list.
33163317 (e) No house calendar shall be eligible for consideration if
33173318 it is determined that the rules of the house were not complied with
33183319 by the Committee on Calendars in preparing that calendar.
33193320 (f) If the Committee on Calendars has proposed a rule for
33203321 floor consideration of a bill or resolution that is eligible to be
33213322 placed on a calendar of the daily house calendar, the rule must be
33223323 printed and a copy distributed to each member. If the bill or
33233324 resolution to which the rule will apply has already been placed on a
33243325 calendar of the daily house calendar, a copy of the rule must also
33253326 be posted with the calendar on which the bill or resolution appears.
33263327 The speaker shall lay a proposed rule before the house prior to the
33273328 consideration of the bill or resolution to which the rule will
33283329 apply. The rule shall be laid before the house not earlier than six
33293330 hours after a copy of the rule has been distributed to each member
33303331 in accordance with this subsection. The rule shall not be subject
33313332 to amendment, but to be effective, the rule must be approved by the
33323333 house by an affirmative vote of two-thirds of those members present
33333334 and voting, except that the rule must be approved by an affirmative
33343335 vote of a majority of those members present and voting if the rule
33353336 applies to a tax bill, an appropriations bill, or a redistricting
33363337 bill. If approved by the house in accordance with this subsection,
33373338 the rule will be effective for the consideration of the bill or
33383339 resolution on both second and third readings.
33393340 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
33403341 the calendar under Subsection (b) of this section, once a bill or
33413342 resolution is placed on its appropriate calendar under these rules,
33423343 and has appeared on a house calendar, as posted on the electronic
33433344 legislative information system, the bill shall retain its relative
33443345 position on the calendar until reached for floor consideration, and
33453346 the calendars committee with jurisdiction over the bill or
33463347 resolution shall have no authority to place other bills on the
33473348 calendar ahead of that bill, but all additions to the calendar shall
33483349 appear subsequent to the bill.
33493350 (b) If a bill or resolution that has been placed on a house
33503351 calendar, as posted on the electronic legislative information
33513352 system, is recommitted or withdrawn from further consideration, the
33523353 bill or resolution relinquishes its position on the calendar, and
33533354 the bill or resolution shall be removed from the calendar.
33543355 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
33553356 as provided in Section 11 of this rule as it relates to
33563357 congratulatory and memorial resolutions, no bill or resolution
33573358 shall be placed on a calendar until:
33583359 (1) it has been referred to and reported from its
33593360 appropriate standing committee by favorable committee action; or
33603361 (2) it is ordered printed on minority report or after a
33613362 committee has reported its inability to recommend a course of
33623363 action.
33633364 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
33643365 resolutions, on being reported from committee, shall be referred
33653366 immediately to the committee coordinator for printing and then to
33663367 the appropriate calendars committee for placement on the
33673368 appropriate calendar.
33683369 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
33693370 30 calendar days after a bill or resolution has been referred to the
33703371 appropriate calendars committee, the committee must vote on whether
33713372 to place the bill or resolution on one of the calendars of the daily
33723373 house calendar or the local, consent, and resolutions calendar, as
33733374 applicable. A vote against placement of the bill or resolution on a
33743375 calendar does not preclude a calendars committee from later voting
33753376 in favor of placement of the bill or resolution on a calendar.
33763377 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
33773378 resolution has been in the appropriate calendars committee for 30
33783379 calendar days, exclusive of the calendar day on which it was
33793380 referred, awaiting placement on one of the calendars of the daily
33803381 house calendar or on the local, consent, and resolutions calendar,
33813382 it shall be in order for a member to move that the bill or resolution
33823383 be placed on a specific calendar of the daily house calendar or on
33833384 the local, consent, and resolutions calendar without action by the
33843385 committee. This motion must be seconded by five members and shall
33853386 require a majority vote for adoption.
33863387 (b) A motion to place a bill or resolution on a specific
33873388 calendar of the daily house calendar or on the local, consent, and
33883389 resolutions calendar is not a privileged motion and must be made
33893390 during the routine motion period unless made under a suspension of
33903391 the rules.
33913392 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
33923393 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
33933394 for placement on the local, consent, and resolutions calendar by
33943395 the Committee on Local and Consent Calendars unless a request for
33953396 that placement has been made to the chair of the standing committee
33963397 from which the bill or resolution was reported and unless the
33973398 committee report of the standing committee recommends that the bill
33983399 or resolution be sent to the Committee on Local and Consent
33993400 Calendars for placement on the local, consent, and resolutions
34003401 calendar. The recommendation of the standing committee shall be
34013402 advisory only, and the Committee on Local and Consent Calendars
34023403 shall have final authority to determine whether or not a bill or
34033404 resolution shall be placed on the local, consent, and resolutions
34043405 calendar. If the Committee on Local and Consent Calendars
34053406 determines that the bill or resolution is not eligible for
34063407 placement on the local, consent, and resolutions calendar, the
34073408 measure shall be sent to the Committee on Calendars for further
34083409 action.
34093410 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
34103411 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
34113412 bill by Rule 8, Section 10(c), shall be placed on the local,
34123413 consent, and resolutions calendar unless:
34133414 (1) evidence of publication of notice in compliance
34143415 with the Texas Constitution and these rules is filed with the
34153416 Committee on Local and Consent Calendars; and
34163417 (2) it has been recommended unanimously by the present
34173418 and voting members of the committee from which it was reported that
34183419 the bill be sent to the Committee on Local and Consent Calendars for
34193420 placement on the local, consent, and resolutions calendar.
34203421 (b) No other bill or resolution shall be placed on the
34213422 local, consent, and resolutions calendar unless it has been
34223423 recommended unanimously by the present and voting members of the
34233424 committee from which it was reported that the bill be sent to the
34243425 Committee on Local and Consent Calendars for placement on the
34253426 local, consent, and resolutions calendar.
34263427 (c) No bill or resolution shall be placed on the local,
34273428 consent, and resolutions calendar that:
34283429 (1) directly or indirectly prevents from being
34293430 available for purposes of funding state government generally any
34303431 money that under existing law would otherwise be available for that
34313432 purpose, including a bill that transfers or diverts money in the
34323433 state treasury from the general revenue fund to another fund; or
34333434 (2) authorizes or requires the expenditure or
34343435 diversion of state funds for any purpose, as determined by a fiscal
34353436 note attached to the bill.
34363437 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND
34373438 RESOLUTIONS. (a) A bill on second reading or a resolution once
34383439 removed from the local, consent, and resolutions calendar by being
34393440 contested on the floor of the house under Section 14(3) or (4) of
34403441 this rule shall be returned to the Committee on Local and Consent
34413442 Calendars for further action. The Committee on Local and Consent
34423443 Calendars, if it feels such action is warranted, may again place the
34433444 bill or resolution on the local, consent, and resolutions calendar,
34443445 provided, however, that if the bill or resolution is not placed on
34453446 the next local, consent, and resolutions calendar set by the
34463447 Committee on Local and Consent Calendars, the bill or resolution
34473448 shall immediately be referred to the Committee on Calendars for
34483449 further action. If a bill on second reading or a resolution is then
34493450 removed from the calendar a second time by being contested on the
34503451 floor of the house under Section 14(3) or (4) of this rule, the bill
34513452 or resolution shall not again be placed on the local, consent, and
34523453 resolutions calendar by the Committee on Local and Consent
34533454 Calendars during that session of the legislature but shall be
34543455 returned to the Committee on Calendars for further action.
34553456 (b) A bill on third reading removed from the local, consent,
34563457 and resolutions calendar under Section 14(3) or (4) of this rule
34573458 shall appear on the supplemental daily house calendar for the next
34583459 legislative day for which a supplemental daily house calendar has
34593460 not already been distributed, pursuant to Section 16(a)(1) of this
34603461 rule.
34613462 (c) This section does not apply to a bill or resolution on
34623463 the local, consent, and resolutions calendar that is withdrawn from
34633464 the calendar at the request of the author or sponsor without being
34643465 contested under Section 14(3) or (4) of this rule. A bill or
34653466 resolution withdrawn under this subsection shall be returned to the
34663467 Committee on Local and Consent Calendars for further action. The
34673468 Committee on Local and Consent Calendars, if it feels such action is
34683469 warranted, may again place the bill or resolution on the local,
34693470 consent, and resolutions calendar or refer the bill or resolution
34703471 to the Committee on Calendars for further action.
34713472 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
34723473 the limitations contained in this rule, the Committee on Calendars
34733474 shall have full authority to make placements on calendars in
34743475 whatever order is necessary and desirable under the circumstances
34753476 then existing, except that bills on third reading shall have
34763477 precedence over bills on second reading. It is the intent of the
34773478 calendar system to give the Committee on Calendars wide discretion
34783479 to insure adequate consideration by the house of important
34793480 legislation.
34803481 RULE 7. MOTIONS
34813482 CHAPTER A. GENERAL MOTIONS
34823483 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
34833484 motions, in addition to any elsewhere provided herein, shall be
34843485 decided without debate, except as otherwise provided in these
34853486 rules:
34863487 (1) to adjourn;
34873488 (2) to lay on the table;
34883489 (3) to lay on the table subject to call;
34893490 (4) to suspend the rule as to the time for introduction
34903491 of bills;
34913492 (5) to order a call of the house, and all motions
34923493 incidental thereto;
34933494 (6) an appeal by a member called to order;
34943495 (7) on questions relating to priority of business;
34953496 (8) to amend the caption of a bill or resolution;
34963497 (9) to extend the time of a member speaking under the
34973498 previous question or to allow a member who has the right to speak
34983499 after the previous question is ordered to yield the time, or a part
34993500 of it, to another;
35003501 (10) to reconsider and table.
35013502 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
35023503 the mover and one opponent of the motion three minutes each during
35033504 which to debate the following motions without debating the merits
35043505 of the bill, resolution, or other matter, and the mover of the
35053506 motion may elect to either open the debate or close the debate, but
35063507 the mover's time may not be divided:
35073508 (1) to suspend the regular order of business and take
35083509 up some measure out of its regular order;
35093510 (2) to instruct a committee to report a certain bill or
35103511 resolution;
35113512 (3) to rerefer a bill or resolution from one committee
35123513 to another;
35133514 (4) to place a bill or resolution on a specific
35143515 calendar without action by the appropriate calendars committee;
35153516 (5) to take up a bill or resolution laid on the table
35163517 subject to call;
35173518 (6) to set a special order;
35183519 (7) to suspend the rules;
35193520 (8) to suspend the constitutional rule requiring bills
35203521 to be read on three several days;
35213522 (9) to pass a resolution suspending the joint rules;
35223523 (10) to order the previous question;
35233524 (11) to order the limiting of amendments to a bill or
35243525 resolution;
35253526 (12) to print documents, reports, or other material in
35263527 the journal;
35273528 (13) to take any other action required or permitted
35283529 during the routine motion period by Rule 6, Section 1;
35293530 (14) to divide the question.
35303531 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
35313532 under debate, the following motions, and none other, shall be in
35323533 order, and such motions shall have precedence in the following
35333534 order:
35343535 (1) to adjourn;
35353536 (2) to take recess;
35363537 (3) to lay on the table;
35373538 (4) to lay on the table subject to call;
35383539 (5) for the previous question;
35393540 (6) to postpone to a day certain;
35403541 (7) to commit, recommit, refer, or rerefer;
35413542 (8) to amend by striking out the enacting or resolving
35423543 clause, which, if carried, shall have the effect of defeating the
35433544 bill or resolution;
35443545 (9) to amend;
35453546 (10) to postpone indefinitely.
35463547 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
35473548 been made, the speaker shall state it, or if it is in writing, order
35483549 it read by the clerk; and it shall then be in possession of the
35493550 house.
35503551 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
35513552 the house and entertained by the speaker shall be reduced to writing
35523553 on the demand of any member, and shall be entered on the journal
35533554 with the name of the member making it.
35543555 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
35553556 by the mover at any time before a decision on the motion, even
35563557 though an amendment may have been offered and is pending. It cannot
35573558 be withdrawn, however, if the motion has been amended. After the
35583559 previous question has been ordered, a motion can be withdrawn only
35593560 by unanimous consent.
35603561 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
35613562 or recess shall always be in order, except:
35623563 (1) when the house is voting on another motion;
35633564 (2) when the previous question has been ordered and
35643565 before the final vote on the main question, unless a roll call shows
35653566 the absence of a quorum;
35663567 (3) when a member entitled to the floor has not yielded
35673568 for that purpose; or
35683569 (4) when no business has been transacted since a
35693570 motion to adjourn or recess has been defeated.
35703571 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
35713572 RECESS. When several motions to recess or adjourn are made at the
35723573 same period, the motion to adjourn carrying the shortest time shall
35733574 be put first, then the next shortest time, and in that order until a
35743575 motion to adjourn has been adopted or until all have been voted on
35753576 and lost; and then the same procedure shall be followed for motions
35763577 to recess.
35773578 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
35783579 RECESS. A motion to adjourn or recess may not be withdrawn when it
35793580 is one of a series upon which voting has commenced, nor may an
35803581 additional motion to adjourn or recess be made when voting has
35813582 commenced on a series of such motions.
35823583 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
35833584 vote by which a motion to adjourn or recess is carried or lost shall
35843585 not be subject to a motion to reconsider.
35853586 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
35863587 number of members than a quorum may adjourn from day to day, and may
35873588 compel the attendance of absent members.
35883589 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
35893590 carried, shall have the effect of killing the bill, resolution,
35903591 amendment, or other immediate proposition to which it was applied.
35913592 Such a motion shall not be debatable, but the mover of the
35923593 proposition to be tabled, or the member reporting it from
35933594 committee, shall be allowed to close the debate after the motion to
35943595 table is made and before it is put to a vote. When a motion to table
35953596 is made to a debatable main motion, the main motion mover shall be
35963597 allowed 20 minutes to close the debate, whereas the movers of other
35973598 debatable motions sought to be tabled shall be allowed only 10
35983599 minutes to close. The vote by which a motion to table is carried or
35993600 lost cannot be reconsidered. After the previous question has been
36003601 ordered, a motion to table is not in order. The provisions of this
36013602 section do not apply to motions to "lay on the table subject to
36023603 call"; however, a motion to lay on the table subject to call cannot
36033604 be made after the previous question has been ordered.
36043605 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
36053606 resolution, or other matter is pending before the house, it may be
36063607 laid on the table subject to call, and one legislative day's notice,
36073608 as provided on the Supplemental House Calendar, must be given
36083609 before the proposition can be taken from the table, unless it is on
36093610 the same legislative day, in which case it can be taken from the
36103611 table at any time except when there is another matter pending before
36113612 the house. A bill, resolution, or other matter can be taken from
36123613 the table only by a majority vote of the house. When a special order
36133614 is pending, a motion to take a proposition from the table cannot be
36143615 made unless the proposition is a privileged matter.
36153616 Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a
36163617 day certain may be amended and is debatable within narrow limits,
36173618 but the merits of the proposition sought to be postponed cannot be
36183619 debated. A motion to postpone indefinitely opens to debate the
36193620 entire proposition to which it applies.
36203621 (b) A motion to postpone a bill or resolution on a local,
36213622 consent, and resolutions calendar to a subsequent legislative or
36223623 calendar day requires an affirmative vote of two-thirds of the
36233624 members present.
36243625 Sec. 15. POSTPONED MATTERS. A bill or proposition
36253626 postponed to a day certain shall be laid before the house at the
36263627 time on the calendar day to which it was postponed, provided it is
36273628 otherwise eligible under the rules and no other business is then
36283629 pending. If business is pending, the postponed matter shall be
36293630 deferred until the pending business is disposed of without
36303631 prejudice otherwise to its right of priority. When a privileged
36313632 matter is postponed to a particular time, and that time arrives, the
36323633 matter, still retaining its privileged nature, shall be taken up
36333634 even though another matter is pending.
36343635 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
36353636 two or more bills, resolutions, or other propositions are postponed
36363637 to the same time, and are otherwise eligible for consideration at
36373638 that time, they shall be considered in the chronological order of
36383639 their setting.
36393640 Sec. 17. MOTION TO REFER. When motions are made to refer a
36403641 subject to a select or standing committee, the question on the
36413642 subject's referral to a standing committee shall be put first.
36423643 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
36433644 after being defeated at the routine motion period, may again be made
36443645 when the bill itself is under consideration; however, a motion to
36453646 recommit a bill shall not be in order at the routine motion period
36463647 if the bill is then before the house as either pending business or
36473648 unfinished business.
36483649 A motion to recommit a bill or resolution can be made and
36493650 voted on even though the author, sponsor, or principal proponent is
36503651 not present.
36513652 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
36523653 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
36533654 recommit is debatable within narrow limits, but the merits of the
36543655 proposition may not be brought into the debate. A motion to refer,
36553656 rerefer, commit, or recommit with instructions is fully debatable.
36563657 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
36573658 Except as provided in Rule 4, Section 30, when a bill has been
36583659 recommitted once at any reading and has been reported adversely by
36593660 the committee to which it was referred, it shall be in order to
36603661 again recommit the bill only if a minority report has been filed in
36613662 the time required by the rules of the house. A two-thirds vote of
36623663 those present shall be required to recommit a second time.
36633664 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
36643665 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
36653666 motion for the previous question, which shall be admitted only when
36663667 seconded by 25 members. It shall be put by the chair in this manner:
36673668 "The motion has been seconded. Three minutes pro and con debate
36683669 will be allowed on the motion for ordering the previous question."
36693670 As soon as the debate has ended, the chair shall continue: "As many
36703671 as are in favor of ordering the previous question on (here state on
36713672 which question or questions) will say 'Aye,'" and then, "As many as
36723673 are opposed say 'Nay.'" As in all other propositions, a motion for
36733674 the previous question may be taken by a record vote if demanded by
36743675 any member. If ordered by a majority of the members voting, a
36753676 quorum being present, it shall have the effect of cutting off all
36763677 debate, except as provided in Section 23 of this rule, and bringing
36773678 the house to a direct vote on the immediate question or questions on
36783679 which it has been asked and ordered.
36793680 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
36803681 motion for the previous question, there shall be no debate except as
36813682 provided in Sections 2 and 21 of this rule. All incidental
36823683 questions of order made pending decision on such motion shall be
36833684 decided, whether on appeal or otherwise, without debate.
36843685 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
36853686 ORDERED. After the previous question has been ordered, there shall
36863687 be no debate upon the questions on which it has been ordered, or
36873688 upon the incidental questions, except that the mover of the
36883689 proposition or any of the pending amendments or any other motions,
36893690 or the member making the report from the committee, or, in the case
36903691 of the absence of either of them, any other member designated by
36913692 such absentee, shall have the right to close the debate on the
36923693 particular proposition or amendment. Then a vote shall be taken
36933694 immediately on the amendments or other motions, if any, and then on
36943695 the main question.
36953696 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
36963697 ORDERED. All members having the right to speak after the previous
36973698 question has been ordered shall speak before the question is put on
36983699 the first proposition covered by the previous question. All votes
36993700 shall then be taken in the correct order, and no vote or votes shall
37003701 be deferred to allow any member to close on any one of the
37013702 propositions separately after the voting has commenced.
37023703 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
37033704 amendment has been substituted and the previous question is then
37043705 moved on the adoption of the amendment as substituted, the author of
37053706 the amendment as substituted shall have the right to close the
37063707 debate on that amendment in lieu of the author of the original
37073708 amendment.
37083709 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
37093710 the previous question is ordered on a motion to postpone
37103711 indefinitely or to amend by striking out the enacting clause of a
37113712 bill, the member moving to postpone or amend shall have the right to
37123713 close the debate on that motion or amendment, after which the mover
37133714 of the proposition or bill proposed to be so postponed or amended,
37143715 or the member reporting it from the committee, or, in the absence of
37153716 either of them, any other member designated by the absentee, shall
37163717 be allowed to close the debate on the original proposition.
37173718 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
37183719 previous question may be asked and ordered on any debatable single
37193720 motion or series of motions, or any amendment or amendments
37203721 pending, or it may be made to embrace all authorized debatable
37213722 motions or amendments pending and include the bill, resolution, or
37223723 proposition that is on second or third reading. The previous
37233724 question cannot be ordered, however, on the main proposition
37243725 without including other pending motions of lower rank as given in
37253726 Section 3 of this rule.
37263727 Sec. 28. LIMIT OF APPLICATION. The previous question shall
37273728 not extend beyond the final vote on a motion or sequence of motions
37283729 to which the previous question has been ordered.
37293730 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
37303731 Amendments on the speaker's desk for consideration which have not
37313732 actually been laid before the house and read cannot be included
37323733 under a motion for the previous question.
37333734 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
37343735 TABLE. If a motion to table is made directly to a main motion, the
37353736 motion for the previous question is not in order. In a case where an
37363737 amendment to a main motion is pending, and a motion to table the
37373738 amendment is made, it is in order to move the previous question on
37383739 the main motion, the pending amendment, and the motion to table the
37393740 amendment.
37403741 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
37413742 QUESTION. There is no acceptable substitute for a motion for the
37423743 previous question, nor can other motions be applied to it.
37433744 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
37443745 TABLING. The motion for the previous question is not subject to a
37453746 motion to table.
37463747 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
37473748 QUESTION ACCEPTED. The motion to adjourn is not in order after a
37483749 motion for the previous question is accepted by the chair, or after
37493750 the seconding of such motion and before a vote is taken.
37503751 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
37513752 After the previous question has been ordered, no motion shall be in
37523753 order until the question or questions on which it was ordered have
37533754 been voted on, without debate, except:
37543755 (1) a motion for a call of the house, and motions
37553756 incidental thereto;
37563757 (2) a motion to extend the time of a member closing on
37573758 a proposition;
37583759 (3) a motion to permit a member who has the right to
37593760 speak to yield the time or a part thereof to another member;
37603761 (4) a request for and a verification of a vote;
37613762 (5) a motion to reconsider the vote by which the
37623763 previous question was ordered. A motion to reconsider may be made
37633764 only once and that must be before any vote under the previous
37643765 question has been taken;
37653766 (6) a motion to table a motion to reconsider the vote
37663767 by which the previous question has been ordered;
37673768 (7) a double motion to reconsider and table the vote by
37683769 which the previous question was ordered.
37693770 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
37703771 QUESTION ORDERED. No motion for an adjournment or a recess shall be
37713772 in order after the previous question is ordered until the final vote
37723773 under the previous question has been taken, unless the roll call
37733774 shows the absence of a quorum.
37743775 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
37753776 adjourns without a quorum under the previous question, the previous
37763777 question shall remain in force and effect when the bill,
37773778 resolution, or other proposition is again laid before the house.
37783779 CHAPTER C. RECONSIDERATION
37793780 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
37803781 has been decided by the house and the yeas and nays have been called
37813782 for and recorded, any member voting with the prevailing side may, on
37823783 the same legislative day, or on the next legislative day, move a
37833784 reconsideration; however, if a reconsideration is moved on the next
37843785 legislative day, it must be done before the order of the day, as
37853786 designated in the 10th item of Rule 6, Section 1(a), is taken up.
37863787 If the house refuses to reconsider, or on reconsideration, affirms
37873788 its decision, no further action to reconsider shall be in order.
37883789 (b) Where the yeas and nays have not been called for and
37893790 recorded, any member, regardless of whether he or she voted on the
37903791 prevailing side or not, may make the motion to reconsider; however,
37913792 even when the yeas and nays have not been recorded, the following
37923793 shall not be eligible to make a motion to reconsider:
37933794 (1) a member who was absent;
37943795 (2) a member who was paired and, therefore, did not
37953796 vote; and
37963797 (3) a member who was recorded in the journal as having
37973798 voted on the losing side.
37983799 (c) Except as otherwise provided by this subsection, a
37993800 motion to reconsider the vote by which a bill, joint resolution, or
38003801 concurrent resolution was defeated is not in order unless a member
38013802 has previously provided at least one hour's notice of intent to make
38023803 the motion by addressing the house when the house is in session and
38033804 stating that a member intends to make a motion to reconsider the
38043805 vote by which the bill or resolution was defeated. It is not
38053806 necessary for the member providing the notice to be eligible to make
38063807 or to be the member who subsequently makes the motion to reconsider.
38073808 If notice of intent to make a motion to reconsider is given within
38083809 the period that the motion to reconsider may be made under
38093810 Subsection (a) of this section and that period expires during the
38103811 one-hour period required by this subsection, then the period within
38113812 which the motion may be made under Subsection (a) is extended by the
38123813 amount of time, not to exceed one hour during which the house is in
38133814 session, necessary to satisfy the one-hour notice required by this
38143815 subsection. This subsection does not apply to a motion to
38153816 reconsider and table or to a motion to reconsider and spread on the
38163817 journal, if no business has been transacted after the defeat of the
38173818 measure.
38183819 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
38193820 reconsider shall be debatable only when the question to be
38203821 reconsidered is debatable. Even though the previous question was
38213822 in force before the vote on a debatable question was taken, debate
38223823 is permissible on the reconsideration of such debatable question.
38233824 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
38243825 reconsider shall be decided by a majority vote, even though the vote
38253826 on the original question requires a two-thirds vote for affirmative
38263827 action. If the motion to reconsider prevails, the question then
38273828 immediately recurs on the question reconsidered.
38283829 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
38293830 reconsider cannot be withdrawn unless permission is given by a
38303831 majority vote of the house, and the motion may be called up by any
38313832 member.
38323833 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
38333834 reconsider shall be subject to a motion to table, which, if carried,
38343835 shall be a final disposition of the motion to reconsider.
38353836 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
38363837 motion to reconsider and table shall be in order. It shall be
38373838 undebatable. When carried, the motion to reconsider shall be
38383839 tabled. When it fails, the question shall then be on the motion to
38393840 reconsider, and the motion to reconsider shall, without further
38403841 action, be spread on the journal, but it may be called up by any
38413842 member, in accordance with the provisions of Section 43 of this
38423843 rule.
38433844 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
38443845 If a motion to reconsider is not disposed of when made, it shall be
38453846 entered in the journal, and cannot, after that legislative day, be
38463847 called up and disposed of unless one legislative day's notice has
38473848 been given.
38483849 (b) Unless called up and disposed of prior to 72 hours
38493850 before final adjournment of the session, all motions to reconsider
38503851 shall be regarded as determined and lost.
38513852 (c) All motions to reconsider made during the last 72 hours
38523853 of the session shall be disposed of when made; otherwise, the motion
38533854 shall be considered as lost.
38543855 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
38553856 member voting on the prevailing side may make a motion to reconsider
38563857 and spread on the journal, which does not require a vote, and on the
38573858 motion being made, it shall be entered on the journal. Any member,
38583859 regardless of whether he or she voted on the prevailing side or not,
38593860 who desires immediate action on a motion to reconsider which has
38603861 been spread on the journal, can call it up as soon as it is made, and
38613862 demand a vote on it, or can call it up and move to table it.
38623863 (b) If the motion to table the motion to reconsider is
38633864 defeated, the motion to reconsider remains spread on the journal
38643865 for future action; however, any member, regardless of whether he or
38653866 she voted on the prevailing side or not, can call the motion from
38663867 the journal for action by the house, and, once disposed of, no other
38673868 motion to reconsider can be made.
38683869 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
38693870 the first 76 calendar days of a regular session, when any bill,
38703871 resolution, or other paper has been in committee for 6 calendar
38713872 days, exclusive of the calendar day on which it was referred, it
38723873 shall be in order for a member to move that the committee be
38733874 required to report the same within 7 calendar days. This motion
38743875 shall require a two-thirds vote for passage.
38753876 (b) After the first 76 calendar days of a regular session,
38763877 when any bill, resolution, or other paper has been in committee for
38773878 6 calendar days, exclusive of the calendar day on which it was
38783879 referred, it shall be in order for a member to move that the
38793880 committee be required to report the same within 7 calendar days.
38803881 This motion shall require a majority vote for passage.
38813882 (c) A motion to instruct a committee to report is not a
38823883 privileged motion and must be made during the routine motion period
38833884 unless made under a suspension of the rules.
38843885 (d) The house shall have no authority to instruct a
38853886 subcommittee directly; however, instructions recognized under the
38863887 rules may be given to a committee and shall be binding on all
38873888 subcommittees.
38883889 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
38893890 During the first 76 calendar days of a regular session, when any
38903891 bill, resolution, or other paper has been in committee for 7
38913892 calendar days after the committee was instructed by the house to
38923893 report that measure by a motion made under Section 45 of this rule,
38933894 it shall be in order for a member to move to rerefer the bill,
38943895 resolution, or other paper to a different committee. This motion
38953896 shall require a two-thirds vote for passage.
38963897 (b) After the first 76 calendar days of a regular session,
38973898 when any bill, resolution, or other paper has been in committee for
38983899 7 calendar days after the committee has been instructed to report
38993900 that measure by a motion made under Section 45 of this rule, it
39003901 shall be in order for a member to move to rerefer the bill,
39013902 resolution, or other paper to a different committee. This motion
39023903 shall require a majority vote for passage.
39033904 (c) A motion to rerefer a bill, resolution, or other paper
39043905 from one committee to another committee is not a privileged motion
39053906 and must be made during the routine motion period unless made under
39063907 a suspension of the rules.
39073908 RULE 8. BILLS
39083909 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
39093910 laws must be incorporated in bills, which shall consist of:
39103911 (1) a title or caption, beginning with the words "A
39113912 Bill to be Entitled An Act" and a brief statement that gives the
39123913 legislature and the public reasonable notice of the subject of the
39133914 proposed measure;
39143915 (2) an enacting clause, "Be It Enacted by the
39153916 Legislature of the State of Texas"; and
39163917 (3) the bill proper.
39173918 (b) A house bill that would impose, authorize, increase, or
39183919 change the rate or amount of a tax, assessment, surcharge, or fee
39193920 must include a short statement at the end of its title or caption
39203921 indicating the general effect of the bill on the tax, assessment,
39213922 surcharge, or fee, such as "imposing a tax (or assessment),"
39223923 "authorizing a surcharge (or fee)," or "increasing the rate (or
39233924 amount) of a tax."
39243925 (c) A house bill that would create a criminal offense,
39253926 increase the punishment for an existing criminal offense or
39263927 category of offenses, or change the eligibility of a person for
39273928 community supervision, parole, or mandatory supervision must
39283929 include a short statement at the end of its title or caption
39293930 indicating the general effect of the bill on the offense,
39303931 punishment, or eligibility, such as "creating a criminal offense,"
39313932 "increasing a criminal penalty," or "changing the eligibility for
39323933 community supervision (or parole or mandatory supervision)."
39333934 (d) A house bill that would create a requirement that an
39343935 individual or entity obtain a license, certificate, registration,
39353936 permit, or other authorization before engaging in a particular
39363937 occupation or profession or that would expand an existing
39373938 requirement to additional individuals or entities must include a
39383939 short statement at the end of its title or caption indicating the
39393940 general effect of the bill on the occupation or profession, such as
39403941 "requiring an occupational license" or "expanding the
39413942 applicability of an occupational license (or permit or
39423943 certificate)."
39433944 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
39443945 revived or amended by reference to its title. The act revived, or
39453946 the section or sections amended, shall be reenacted and published
39463947 at length. This rule does not apply to revisions adopted under
39473948 Article III, Section 43, of the Texas Constitution.
39483949 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
39493950 (except a general appropriations bill, which may embrace the
39503951 various subjects and accounts for which money is appropriated or a
39513952 revision adopted under Article III, Section 43, of the Texas
39523953 Constitution) shall contain only one subject.
39533954 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
39543955 BILL. A general law may not be changed by the provisions in an
39553956 appropriations bill.
39563957 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
39573958 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
39583959 resolution may have only one primary author. The signature of the
39593960 primary author shall be the only signature that appears on the
39603961 measure filed with the chief clerk. The signatures of all coauthors
39613962 or joint authors shall appear on the appropriate forms in the chief
39623963 clerk's office.
39633964 (b) Any member may become the coauthor of a bill or
39643965 resolution by securing permission from the author. If permission
39653966 is secured from the author prior to the time the measure is filed
39663967 with the chief clerk, the primary author and the coauthor shall sign
39673968 the appropriate form, which shall be included with the measure when
39683969 it is filed with the chief clerk. If a member wishes to become the
39693970 coauthor of a measure after it has been filed, no action shall be
39703971 required by the house, but it shall be the duty of the member
39713972 seeking to be a coauthor to obtain written authorization on the
39723973 appropriate form from the author. This authorization shall be
39733974 filed with the chief clerk before the coauthor signs the form for
39743975 the bill or resolution. The chief clerk shall report daily to the
39753976 journal clerk the names of members filed as coauthors of bills or
39763977 resolutions. If a coauthor of a bill or resolution desires to
39773978 withdraw from such status, the member shall notify the chief clerk,
39783979 who in turn shall notify the journal clerk.
39793980 (c) The primary author of a measure may designate up to four
39803981 joint authors by providing written authorization on the appropriate
39813982 form to the chief clerk. If a member designated as a joint author
39823983 has not already signed on the measure as a coauthor, that member
39833984 must also sign the form before the records will reflect the joint
39843985 author status of that member. The names of all joint authors shall
39853986 be shown immediately following the primary author's name on all
39863987 official printings of the measure, on all house calendars, in the
39873988 house journal, and in the electronic legislative information
39883989 system.
39893990 (d) The determination of the house sponsor of a senate
39903991 measure is made at the time the measure is reported from committee.
39913992 In the case of multiple requests for house sponsorship, the house
39923993 sponsor of a senate measure shall be determined by the chair of the
39933994 committee, in consultation with the senate author of the measure.
39943995 The chair of the committee must designate a primary sponsor and may
39953996 designate up to four joint sponsors or an unlimited number of
39963997 cosponsors. The names of all joint sponsors shall be shown
39973998 immediately following the primary sponsor's name on all official
39983999 printings of the measure, on all house calendars, in the house
39994000 journal, and in the electronic legislative information system.
40004001 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
40014002 Each bill shall be filed with the chief clerk when introduced and
40024003 shall be numbered in its regular order. Each bill shall be read
40034004 first time by caption and referred by the speaker to the appropriate
40044005 committee with jurisdiction.
40054006 Sec. 7. PREFILING. Beginning the first Monday after the
40064007 general election preceding the next regular legislative session, or
40074008 within 30 days prior to any special session, it shall be in order to
40084009 file with the chief clerk bills and resolutions for introduction in
40094010 that session. On receipt of the bills or resolutions, the chief
40104011 clerk shall number them and make them a matter of public record,
40114012 available for distribution. Once a bill or resolution has been so
40124013 filed, it may not be recalled. This shall apply only to
40134014 members-elect of the succeeding legislative session.
40144015 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
40154016 resolutions introduced during the first 60 calendar days of the
40164017 regular session may be considered by the committees and in the house
40174018 and disposed of at any time during the session, in accordance with
40184019 the rules of the house. After the first 60 calendar days of a
40194020 regular session, any bill or joint resolution, except local bills,
40204021 emergency appropriations, and all emergency matters submitted by
40214022 the governor in special messages to the legislature, shall require
40224023 an affirmative vote of four-fifths of those members present and
40234024 voting to be introduced.
40244025 (b) In addition to a bill defined as a "local bill" under
40254026 Section 10(c) of this rule, a bill is considered local for purposes
40264027 of this section if it relates to a specified district created under
40274028 Article XVI, Section 59, of the Texas Constitution (water
40284029 districts, etc.), a specified hospital district, or another
40294030 specified special purpose district, even if neither these rules nor
40304031 the Texas Constitution require publication of notice for that bill.
40314032 Sec. 9. FILING. (a) A bill must be filed with the chief
40324033 clerk in the manner and in an electronic or other format specified
40334034 by the chief clerk at the time that the bill is introduced.
40344035 (b) A bill relating to conservation and reclamation
40354036 districts and governed by the provisions of Article XVI, Section
40364037 59, of the Texas Constitution must be filed with copies of the
40374038 notice to introduce the bill attached if the bill is intended to:
40384039 (1) create a particular conservation and reclamation
40394040 district; or
40404041 (2) amend the act of a particular conservation and
40414042 reclamation district to:
40424043 (A) add additional land to the district;
40434044 (B) alter the taxing authority of the district;
40444045 (C) alter the authority of the district with
40454046 respect to issuing bonds; or
40464047 (D) alter the qualifications or terms of office
40474048 of the members of the governing body of the district.
40484049 Sec. 10. LOCAL BILLS. (a) The house may not consider a
40494050 local bill unless notice of intention to apply for the passage of
40504051 the bill was published as provided by law and evidence of the
40514052 publication is attached to the bill. If not attached to the bill on
40524053 filing with the chief clerk or receipt of the bill from the senate,
40534054 copies of the evidence of timely publication shall be filed with the
40544055 chief clerk and must be distributed to the members of the committee
40554056 not later than the first time the bill is laid out in a committee
40564057 meeting. The evidence shall be attached to the bill on first
40574058 printing and shall remain with the measure throughout the entire
40584059 legislative process, including submission to the governor.
40594060 (b) Neither the house nor a committee of the house may
40604061 consider a bill whose application is limited to one or more
40614062 political subdivisions by means of population brackets or other
40624063 artificial devices in lieu of identifying the political subdivision
40634064 or subdivisions by name. However, this subsection does not prevent
40644065 consideration of a bill that classifies political subdivisions
40654066 according to a minimum or maximum population or other criterion
40664067 that bears a reasonable relation to the purpose of the proposed
40674068 legislation or a bill that updates laws based on population
40684069 classifications to conform to a federal decennial census.
40694070 (c) Except as provided by Subsection (d) of this section,
40704071 "local bill" for purposes of this section means:
40714072 (1) a bill for which publication of notice is required
40724073 under Article XVI, Section 59, of the Texas Constitution (water
40734074 districts, etc.);
40744075 (2) a bill for which publication of notice is required
40754076 under Article IX, Section 9, of the Texas Constitution (hospital
40764077 districts);
40774078 (3) a bill relating to hunting, fishing, or
40784079 conservation of wildlife resources of a specified locality;
40794080 (4) a bill creating or affecting a county court or
40804081 statutory court or courts of one or more specified counties or
40814082 municipalities;
40824083 (5) a bill creating or affecting the juvenile board or
40834084 boards of a specified county or counties; or
40844085 (6) a bill creating or affecting a road utility
40854086 district under the authority of Article III, Section 52, of the
40864087 Texas Constitution.
40874088 (d) A bill is not considered to be a local bill under
40884089 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
40894090 localities, counties, or municipalities so as to be of general
40904091 application or of statewide importance.
40914092 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
40924093 considered unless it first has been referred to a committee and
40934094 reported from it.
40944095 (b) After a bill has been recommitted, it shall be
40954096 considered by the committee as a new subject.
40964097 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
40974098 before the house shall be taken up and acted on in the order in which
40984099 they appear on their respective calendars, and each calendar shall
40994100 have the priority accorded to it by the provisions of Rule 6,
41004101 Sections 7 and 8.
41014102 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
41024103 that is local as defined by Section 10(c) of this rule and that
41034104 appears on a local, consent, and resolutions calendar shall be
41044105 considered for any purpose after the 130th day of a regular session,
41054106 except to:
41064107 (1) act on senate amendments;
41074108 (2) adopt a conference committee report;
41084109 (3) reconsider the bill to make corrections; or
41094110 (4) pass the bill notwithstanding the objections of
41104111 the governor.
41114112 (b) No other house bill or joint resolution shall be
41124113 considered on its second reading after the 122nd day of a regular
41134114 session if it appears on a daily or supplemental daily house
41144115 calendar, or for any purpose after the 123rd day of a regular
41154116 session, except to:
41164117 (1) act on senate amendments;
41174118 (2) adopt a conference committee report;
41184119 (3) reconsider the bill or resolution to make
41194120 corrections; or
41204121 (4) pass the bill notwithstanding the objections of
41214122 the governor.
41224123 (c) No senate bill or joint resolution shall be considered
41234124 on its second reading after the 134th day of a regular session if it
41244125 appears on a daily or supplemental daily house calendar, or for any
41254126 purpose after the 135th day of a regular session, except to:
41264127 (1) adopt a conference committee report;
41274128 (2) reconsider the bill or resolution to remove house
41284129 amendments;
41294130 (3) reconsider the bill or resolution to make
41304131 corrections; or
41314132 (4) pass the bill notwithstanding the objections of
41324133 the governor.
41334134 (d) The speaker shall not lay any bill or joint resolution
41344135 before the house or permit a vote to be taken on its passage on the
41354136 136th and 137th days of a regular session, except to:
41364137 (1) act on senate amendments;
41374138 (2) adopt a conference committee report;
41384139 (3) reconsider the bill or resolution to remove house
41394140 amendments;
41404141 (4) reconsider the bill or resolution to make
41414142 corrections; or
41424143 (5) pass the bill notwithstanding the objections of
41434144 the governor.
41444145 (e) The speaker shall not lay any bill or joint resolution
41454146 before the house or permit a vote to be taken on its passage on the
41464147 138th and 139th days of a regular session, except to:
41474148 (1) adopt a conference committee report;
41484149 (2) reconsider the bill or resolution to remove house
41494150 amendments;
41504151 (3) discharge house conferees and concur in senate
41514152 amendments;
41524153 (4) reconsider the bill or resolution to make
41534154 corrections; or
41544155 (5) pass the bill notwithstanding the objections of
41554156 the governor.
41564157 (f) No vote shall be taken upon the passage of any bill or
41574158 resolution within 24 hours of the final adjournment of a regular
41584159 session unless it be to reconsider the bill or resolution to make
41594160 corrections, or to adopt a corrective resolution.
41604161 (g) The clock of record for the house, as determined under
41614162 Rule 2, Section 2, shall be used to determine compliance with
41624163 deadlines and other time requirements of the Texas Constitution and
41634164 these rules. A motion to suspend this rule must be decided by a
41644165 record vote.
41654166 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
41664167 resolution, except the general appropriations bill, shall be
41674168 delivered to each member by making a copy of the bill or resolution
41684169 available in an electronic format for viewing by the member and,
41694170 when the electronic format copy of the appropriate printing becomes
41704171 available, by sending notice of that fact to a Capitol e-mail
41714172 address designated by the member, at least 36 hours if convened in
41724173 regular session and 24 hours if convened in special session before
41734174 the bill can be considered by the house on second reading. If a
41744175 member informs the chief clerk in writing that the member desires to
41754176 receive paper copies of bills and resolutions under this section in
41764177 addition to delivery in an electronic format, the chief clerk shall
41774178 place a paper copy of the bill or resolution in the newspaper box of
41784179 the member as soon as practicable after the electronic copies of the
41794180 bill or resolution are made available for viewing.
41804181 (a-1) A printed copy of the general appropriations bill
41814182 shall be placed in the newspaper mailbox of each member at least 168
41824183 hours during a regular session and at least 72 hours during a
41834184 special session before the bill can be considered by the house on
41844185 second reading.
41854186 (b) By majority vote, the house may order both the original
41864187 bill or resolution and the complete committee substitute to be
41874188 printed. It shall not be necessary for the house to order complete
41884189 committee substitutes printed in lieu of original bills.
41894190 (c) A two-thirds vote of the house is necessary to order
41904191 that bills, other than local bills, be not printed. It shall not be
41914192 necessary for the house to order that local bills be not printed.
41924193 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
41934194 have the force of law until it has been read on three several
41944195 legislative days in each house and free discussion allowed, unless
41954196 this provision is suspended by a vote of four-fifths of the members
41964197 present and voting, a quorum being present. The yeas and nays shall
41974198 be taken on the question of suspension and entered in the journal.
41984199 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
41994200 consideration of any bill or resolution, the house may, by a
42004201 majority vote, order the bill or resolution to be considered
42014202 section by section, or department by department, until each section
42024203 or department has been given separate consideration. If such a
42034204 procedure is ordered, only amendments to the section or department
42044205 under consideration at that time shall be in order. However, after
42054206 each section or department has been considered separately, the
42064207 entire bill or resolution shall be open for amendment, subject to
42074208 the provisions of Rule 11, Section 8(b). Once the consideration of
42084209 a bill section by section or department by department has been
42094210 ordered, it shall not be in order to move the previous question on
42104211 the entire bill, to recommit it, to lay it on the table, or to
42114212 postpone it, until each section or department has been given
42124213 separate consideration or until the vote by which section by
42134214 section consideration was ordered is reconsidered.
42144215 (b) A motion to consider a bill section by section is
42154216 debatable within narrow limits; that is, the pros and cons of the
42164217 proposed consideration can be debated but not the merits of the
42174218 bill.
42184219 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
42194220 bill or complete committee substitute for a bill has been taken up
42204221 and read, amendments shall be in order. If no amendment is made, or
42214222 if those proposed are disposed of, then the final question on its
42224223 second reading shall be, in the case of a house bill, whether it
42234224 shall be passed to engrossment, or, in the case of a senate bill,
42244225 whether it shall pass to its third reading. All bills ordered
42254226 passed to engrossment or passed to a third reading shall remain on
42264227 the calendar on which placed, but with future priority over bills
42274228 that have not passed second reading.
42284229 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
42294230 shall certify the final passage of each bill, noting on the bill the
42304231 date of its passage, and the vote by which it passed, if by a yea and
42314232 nay vote.
42324233 Sec. 19. EFFECTIVE DATE. Every law passed by the
42334234 legislature, except the General Appropriations Act, shall take
42344235 effect or go into force on the 91st day after the adjournment of the
42354236 session at which it was enacted, unless the legislature provides
42364237 for an earlier effective date by a vote of two-thirds of all the
42374238 members elected to each house. The vote shall be taken by yeas and
42384239 nays and entered in the journals.
42394240 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
42404241 After a bill or resolution has been considered and defeated by
42414242 either house of the legislature, no bill or resolution containing
42424243 the same substance shall be passed into law during the same session.
42434244 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
42444245 In order to assure the continuation of financial support of
42454246 existing state services through the passage of the general
42464247 appropriations bill, it shall not be in order during the first 118
42474248 days of the regular session for the speaker to lay before the house,
42484249 prior to the consideration, passage, and certification by the
42494250 comptroller of the general appropriations bill, any bill that
42504251 directly or indirectly prevents from being available for purposes
42514252 of funding state government generally any money that under existing
42524253 law would otherwise be available for that purpose, including a bill
42534254 that transfers or diverts money in the state treasury from the
42544255 general revenue fund to another fund.
42554256 (b) In order to assure compliance with the limitation on
42564257 appropriations of state tax revenue not dedicated by the
42574258 constitution as provided by Article VIII, Section 22, of the Texas
42584259 Constitution, it is not in order for the speaker to lay before the
42594260 house, prior to the time that the general appropriations bill has
42604261 been finally passed and sent to the comptroller, any bill that
42614262 appropriates funds from the state treasury that are not dedicated
42624263 by the constitution.
42634264 (c) When bills subject to the provisions of Subsection (a)
42644265 of this section become eligible for consideration, they shall be
42654266 considered for passage under the rules of the house and the joint
42664267 rules as any other bill but shall not be signed by the speaker as
42674268 required by the Constitution of Texas and the rules of the house
42684269 until the general appropriations bill has been signed by the
42694270 presiding officers of both houses of the legislature and
42704271 transmitted to the comptroller of public accounts for certification
42714272 as required by Article III, Section 49a, of the Constitution of
42724273 Texas.
42734274 (d) All bills subject to the provisions of Subsection (a) of
42744275 this section that have finally passed both houses shall be enrolled
42754276 as required by the rules and transmitted to the speaker. The
42764277 speaker shall note on each bill the date and hour of final
42774278 legislative action and shall withhold his or her signature and any
42784279 further action on all such bills until the general appropriations
42794280 bill has been signed by the presiding officers of both houses and
42804281 transmitted to the comptroller of public accounts for
42814282 certification. Immediately thereafter, the speaker shall sign in
42824283 the presence of the house all bills on which further action was
42834284 being withheld because the bills were subject to the provisions of
42844285 this section. After being signed by the speaker, the bills shall
42854286 then be transmitted to the comptroller of public accounts for
42864287 certification or to the governor, as the case may be, in the order
42874288 in which final legislative action was taken. "Final legislative
42884289 action," as that term is used in this subsection, shall mean the
42894290 last act of either house meeting in general session necessary to
42904291 place the bill in its final form preparatory to enrollment.
42914292 (e) Subsections (a)-(d) of this section shall not apply to
42924293 any bills providing for:
42934294 (1) the payment of expenses of the legislature;
42944295 (2) the payment of judgments against the state;
42954296 (3) any emergency matter when requested by the
42964297 governor in a formal message to the legislature; or
42974298 (4) the reduction of taxes.
42984299 (e-1) Subsection (a) of this section does not apply to a
42994300 bill that prevents the deposit into the general revenue fund of
43004301 money received from the federal government or earnings on that
43014302 money if the bill does not prevent that money from being available
43024303 for the purpose of funding state government generally to the same
43034304 extent as under existing law.
43044305 (f) Unless within the authority of a resolution or
43054306 resolutions adopted pursuant to Article VIII, Section 22(b), of the
43064307 Texas Constitution, it is not in order for the house to consider for
43074308 final passage on third reading, on motion to concur in senate
43084309 amendments, or on motion to adopt a conference committee report, a
43094310 bill appropriating funds from the state treasury in an amount that,
43104311 when added to amounts previously appropriated by bills finally
43114312 passed and sent or due to be sent to the comptroller, would exceed
43124313 the limit on appropriations established under Chapter 316,
43134314 Government Code.
43144315 (g) The general appropriations bill shall be reported to the
43154316 house by the Committee on Appropriations not later than the 90th
43164317 calendar day of the regular session. Should the Committee on
43174318 Appropriations fail to report by the deadline, Subsections (a)-(d)
43184319 of this section shall be suspended for the balance of that regular
43194320 session.
43204321 RULE 9. JOINT RESOLUTIONS
43214322 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
43224323 proposed amendment to the Texas Constitution shall take the form of
43234324 a joint resolution, which shall be subject to the rules that govern
43244325 the proceedings on bills, except as provided by this section.
43254326 (b) A joint resolution is not subject to the provisions of
43264327 Rule 8, Section 3, or Rule 11, Section 3.
43274328 (c) A joint resolution shall be adopted on any reading after
43284329 the first if it receives a two-thirds vote of the elected membership
43294330 of the house. If such a joint resolution receives only a majority
43304331 vote on second reading, it shall be passed to engrossment, and
43314332 subsequent proceedings shall be the same as those governing the
43324333 final passage of bills which have been passed to engrossment. If
43334334 such a joint resolution does not receive a two-thirds vote of the
43344335 elected membership of the house on third reading and final passage,
43354336 it shall fail of adoption.
43364337 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
43374338 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
43384339 proposed amendment to or application to Congress for a convention
43394340 to amend the Constitution of the United States shall take the form
43404341 of a joint resolution, which shall be subject to the rules that
43414342 govern the proceedings on bills, except that it shall be adopted on
43424343 second reading if it receives a majority vote of the members present
43434344 and voting, a quorum being present. If such a joint resolution
43444345 fails to receive a majority vote, it shall fail of adoption and
43454346 shall not be considered again unless revived by a motion to
43464347 reconsider as otherwise provided in the rules.
43474348 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
43484349 resolutions on committee report shall be referred to the Committee
43494350 on Calendars for placement on an appropriate calendar. The
43504351 Committee on Calendars shall maintain a separate calendar for house
43514352 joint resolutions and a separate calendar for senate joint
43524353 resolutions. Senate joint resolutions shall be considered on
43534354 calendar Wednesdays and calendar Thursdays along with senate bills.
43544355 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
43554356 Sec. 1. FILING. Resolutions shall be introduced by filing a
43564357 resolution with the chief clerk in the manner and in an electronic
43574358 or other format specified by the chief clerk, who shall number and
43584359 record house resolutions in one series and concurrent resolutions
43594360 in a separate series.
43604361 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
43614362 recording, all resolutions shall be sent to the speaker for
43624363 referral to the proper committee.
43634364 (b) Resolutions proposing the expenditure of money out of
43644365 the contingent expense fund of the legislature shall be referred to
43654366 the Committee on House Administration.
43664367 (c) All other resolutions shall be referred to the
43674368 appropriate committee with jurisdiction.
43684369 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
43694370 on committee report, other than privileged resolutions, shall be
43704371 referred immediately to the appropriate calendars committee for
43714372 placement on the appropriate calendar.
43724373 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
43734374 resolutions shall be considered by the house only at the time
43744375 assigned for their consideration on the calendar, in accordance
43754376 with the provisions of Rule 6, Section 7.
43764377 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
43774378 on final passage of a resolution other than a resolution of a purely
43784379 ceremonial or honorary nature must be by record vote with the vote
43794380 of each member entered in the journal as required by Section 12(b),
43804381 Article III, Texas Constitution.
43814382 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
43824383 take the same course as house resolutions, except that they shall be
43834384 sent to the governor for signing when finally passed by both houses.
43844385 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
43854386 office of mascot shall be named in and elected by a single house
43864387 resolution.
43874388 (b) Only children of house members who are under the age of
43884389 12 years shall be eligible for election to the honorary office of
43894390 mascot. A child once named a mascot shall not be eligible for the
43904391 honor a second time.
43914392 (c) No separate classification or special title shall be
43924393 given to any mascot, but all shall receive the same title of
43934394 honorary mascot of the house of representatives.
43944395 (d) The speaker shall issue a certificate showing the
43954396 election of each mascot and deliver it to the parent member of the
43964397 child.
43974398 Pictures of mascots shall appear on the panel picture of the
43984399 house.
43994400 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
44004401 SESSIONS. The subject matter of house resolutions and concurrent
44014402 resolutions does not have to be submitted by the governor in a
44024403 called session before they can be considered.
44034404 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
44044405 Resolutions authorizing the enrolling clerk of the house or senate
44054406 to make technical corrections to a measure that has been finally
44064407 acted upon by both houses of the legislature shall be privileged in
44074408 nature and need not be referred to committee. Such resolutions
44084409 shall be eligible for consideration by the house upon introduction
44094410 in the house or receipt from the senate.
44104411 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
44114412 RESOLUTION. The enrolled printing of a house congratulatory or
44124413 memorial resolution shall include a place for the signature of the
44134414 primary author of the resolution. The chief clerk shall provide the
44144415 primary author with the opportunity to sign the resolution after
44154416 the resolution is enrolled. The absence of the primary author's
44164417 signature does not affect the validity of the resolution as adopted
44174418 by the house.
44184419 RULE 11. AMENDMENTS
44194420 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
44204421 resolution, motion, or proposition is under consideration, a motion
44214422 to amend and a motion to amend that amendment shall be in order. It
44224423 shall also be in order to offer a further amendment by way of a
44234424 substitute. Such a substitute may not be amended. If the
44244425 substitute is adopted, the question shall then be on the amendment
44254426 as substituted, and under this condition an amendment is not in
44264427 order.
44274428 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
44284429 AMENDMENTS. No motion or proposition on a subject different from
44294430 the subject under consideration shall be admitted as an amendment
44304431 or as a substitute for the motion or proposition under debate.
44314432 "Proposition" as used in this section shall include a bill,
44324433 resolution, joint resolution, or any other motion which is
44334434 amendable.
44344435 Amendments pertaining to the organization, powers,
44354436 regulation, and management of the agency, commission, or advisory
44364437 committee under consideration are germane to bills extending state
44374438 agencies, commissions, or advisory committees under the provisions
44384439 of the Texas Sunset Act (Chapter 325, Government Code).
44394440 An amendment to a committee substitute laid before the house
44404441 in lieu of an original bill is germane if each subject of the
44414442 amendment is a subject that is included in the committee substitute
44424443 or was included in the original bill.
44434444 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
44444445 bill shall be amended in its passage through either house so as to
44454446 change its original purpose.
44464447 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
44474448 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
44484449 resolution shall not be in order during its consideration on a
44494450 local, consent, and resolutions calendar set by the Committee on
44504451 Local and Consent Calendars, unless the amendments have first been
44514452 submitted to and approved by the Committee on Local and Consent
44524453 Calendars, which shall be noted thereon by the chair of the
44534454 Committee on Local and Consent Calendars prior to the offering of
44544455 the amendments.
44554456 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
44564457 taken up on its third reading, amendments shall be in order, but
44574458 shall require a two-thirds vote of the members present for their
44584459 adoption. A bill on third reading may be recommitted to a committee
44594460 and later reported to the house with amendments, in which case the
44604461 bill shall again take the course of a bill at its second reading.
44614462 Sec. 6. FILING [COPIES OF] AN AMENDMENT. (a) The chief
44624463 clerk shall ensure that for an amendment other than a committee
44634464 amendment, [Five] copies of each amendment are [shall be] filed
44644465 with the speaker as follows:
44654466 (1) six copies of each amendment; and
44664467 (2) four additional copies of each amendment that
44674468 exceeds one page in length.
44684469 (b) The chief clerk may require the member offering the
44694470 amendment to provide the number of copies required under Subsection
44704471 (a) of this section. The chief clerk shall ensure that, as soon as
44714472 practicable after being filed by the offering member, each
44724473 amendment is made available on the floor amendment system, or the
44734474 system's successor in function, through which members of the house
44744475 may view an electronic image of submitted amendments. When the
44754476 amendment is read, two copies shall go to the chief clerk, one copy
44764477 to the journal clerk, one copy to the reading clerk, and one copy to
44774478 the speaker. [No amendment offered from the floor shall be in order
44784479 unless the sponsoring member has complied with the provisions of
44794480 this section with respect to copies of the amendment.]
44804481 (c) The chief clerk shall retain one copy of each amendment
44814482 filed with the speaker under this section whether or not the
44824483 amendment was laid out by the speaker for consideration [offered by
44834484 the filing member].
44844485 [(b) Prior to the time that an amendment is offered, if the
44854486 amendment exceeds one page in length, the sponsoring member must
44864487 provide to the chief clerk a minimum of five copies to be available
44874488 for distribution to those members requesting copies of the
44884489 amendment.
44894490 [(c) If the amendment is only one page in length or less, the
44904491 sponsoring member must provide one additional copy of the amendment
44914492 to the chief clerk, who shall immediately proceed to have
44924493 additional copies made and available for those members requesting
44934494 copies of the amendment.]
44944495 (d) If an amendment is required to be prefiled with the
44954496 chief clerk pursuant to a rule for floor consideration proposed by
44964497 the Committee on Calendars and adopted under Rule 6, Section 16(f),
44974498 the amendment must be provided to the chief clerk, in a manner
44984499 determined by the chief clerk under the direction of the Committee
44994500 on House Administration, and available in the chief clerk's office
45004501 in accordance with the Calendar Committee rule for floor
45014502 consideration [The provisions of this section with respect to
45024503 extra copies shall not apply to committee amendments or to
45034504 amendments which do nothing more than delete material from the bill
45044505 or resolution].
45054506 (e) The speaker shall not recognize a member to offer an
45064507 original amendment that exceeds one page in length and that is in
45074508 the form of a complete substitute for the bill or resolution laid
45084509 before the house, or in the opinion of the speaker is a substantial
45094510 substitute, unless [10 copies of] the amendment has [have] been
45104511 provided to the chief clerk, in a manner determined by the chief
45114512 clerk under the direction of the Committee on House Administration,
45124513 and was [were] available in the chief clerk's office at least 12
45134514 hours prior to the time the calendar on which the bill or resolution
45144515 to be amended is eligible for consideration.
45154516 (f) An amendment may be typed, hand-printed, or
45164517 handwritten, but must be legible in order to be offered.
45174518 (g) The speaker shall not recognize a member to offer an
45184519 original amendment to a bill on second reading if the bill extends
45194520 an agency, commission, or advisory committee under the Texas Sunset
45204521 Act unless [10 copies of] the amendment has [have] been provided to
45214522 the chief clerk, in a manner determined by the chief clerk under the
45224523 direction of the Committee on House Administration, and was [were]
45234524 available in the chief clerk's office at least 24 hours prior to the
45244525 time the calendar on which the bill appears for second reading is
45254526 first eligible for consideration.
45264527 (h) If the house is convened in regular session, the speaker
45274528 shall not recognize a member to offer an original amendment to the
45284529 general appropriations bill on second reading unless [10 copies of]
45294530 the amendment has [have] been provided to the chief clerk, in a
45304531 manner determined by the chief clerk under the direction of the
45314532 Committee on House Administration, and was [were] available in the
45324533 chief clerk's office at least 72 hours prior to the time the
45334534 calendar on which the general appropriations bill appears for
45344535 second reading is first eligible for consideration.
45354536 (i) The Committee on House Administration shall ensure
45364537 that:
45374538 (1) the floor amendment system through which members
45384539 of the house may view an electronic image of current or past
45394540 amendments, or the system's successor in function, is available to
45404541 the public on the Internet;
45414542 (2) members of the public using the system available
45424543 on the Internet may view the same information that members may view
45434544 at the same time that members may view the information; and
45444545 (3) members of the public using the system available
45454546 on the Internet may view any amendment required to be provided to
45464547 the chief clerk under Subsections (e), (g), and (h) of this section
45474548 at least 10 hours prior to the time the calendar on which the bill or
45484549 resolution to be amended is eligible for consideration.
45494550 (j) To the extent practicable, an amendment must include the
45504551 page and line numbers of the text of the bill, resolution, or
45514552 amendment being amended. Failure to comply with the requirements of
45524553 this subsection is not subject to a point of order.
45534554 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
45544555 motions to amend shall be offered in the following order:
45554556 (1) motions to amend by striking out the enacting
45564557 clause of a bill (or the resolving clause of a resolution), which
45574558 amendment cannot be amended or substituted;
45584559 (2) motions to amend an original bill, resolution,
45594560 motion, or proposition (other than substitute bills as provided for
45604561 in Subdivision (3) below), which shall have precedence as follows:
45614562 (A) original amendment;
45624563 (B) amendment to the amendment;
45634564 (C) substitute for the amendment to the
45644565 amendment.
45654566 Recognition for the offering of original amendments shall be
45664567 as follows: first, the main author; second, the member or members
45674568 offering the committee amendment; and third, members offering other
45684569 amendments from the floor;
45694570 (3) motions to amend an original bill by striking out
45704571 all after the enacting clause (substitute bills), which substitute
45714572 bills shall be subject to amendment as follows:
45724573 (A) amendment to the substitute bill;
45734574 (B) substitute for the amendment to the
45744575 substitute bill.
45754576 Recognition for offering such substitute bills shall be as
45764577 follows: first, the main author of the original bill, if the
45774578 member has not sought to perfect the bill by amendments as provided
45784579 for in Subdivision (2) above; second, the member or members
45794580 offering the committee amendment; and, third, members offering
45804581 amendments from the floor.
45814582 It shall be in order under the procedure described in this
45824583 subdivision to have as many as four complete measures pending
45834584 before the house at one time; that is, an original bill, an
45844585 amendment striking out all after the enacting clause of the bill and
45854586 inserting a new bill body, an amendment to the amendment striking
45864587 out all after the enacting clause of the bill and inserting a new
45874588 bill body, and a substitute for this amendment to the amendment to
45884589 the original bill which is also a new bill body. These "substitute
45894590 bills" shall be voted on in the reverse order of their offering;
45904591 (4) motions to amend the caption of a bill or joint
45914592 resolution, which may also be offered in accordance with Section
45924593 9(a) of this rule.
45934594 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
45944595 out and to insert new matter in lieu of that to be stricken out shall
45954596 be regarded as a substitute and shall be indivisible.
45964597 (b) Matter inserted or stricken out of an original bill by
45974598 way of amendment may not be taken out or reinserted at a later time
45984599 on the same reading except under the following conditions:
45994600 (1) reconsideration of the inserting or deleting
46004601 amendment;
46014602 (2) adoption of a "substitute bill" amendment;
46024603 (3) adoption of an amendment for a whole paragraph,
46034604 section or subdivision of a bill which so materially changes the
46044605 original text that the portion inserted or deleted is in fact of
46054606 minor importance.
46064607 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
46074608 of a bill or resolution shall not be in order until all other
46084609 proposed amendments have been acted on and the house is ready to
46094610 vote on the passage of the measure, and it shall then be decided
46104611 without debate.
46114612 (b) If the previous question has been ordered on a bill or
46124613 joint resolution at any reading, an amendment to the caption of that
46134614 bill or joint resolution may be offered and voted on immediately
46144615 preceding the final vote on the bill or joint resolution.
46154616 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
46164617 amendments shall be admitted only when seconded by 25 members. The
46174618 motion may take either of two forms:
46184619 (1) to limit amendments to those pending before the
46194620 house; or
46204621 (2) to limit amendments to those pending on the
46214622 speaker's desk.
46224623 (b) The motion shall be put by the chair in this manner: "The
46234624 motion has been seconded. Three minutes pro and con debate will be
46244625 allowed on the motion to limit amendments." As soon as the debate
46254626 has ended, the chair shall continue: "As many as are in favor of
46264627 limiting amendments on (here state on which question or questions)
46274628 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
46284629 all other propositions, a motion to limit amendments shall be
46294630 decided by a record vote if demanded by any member. If ordered by a
46304631 majority of the members voting, a quorum being present, the motion
46314632 shall have the effect of confining further debate and consideration
46324633 to those amendments included within the motion, and thereafter the
46334634 chair will accept no more amendments to the proposition to which the
46344635 motion is applied.
46354636 (c) The motion to limit amendments, if adopted, shall not in
46364637 any way cut off or limit debate or other parliamentary maneuvers on
46374638 the pending proposition or propositions or amendment or amendments
46384639 included within the motion. The sole function of the motion is to
46394640 prevent the chair from accepting further amendments to the
46404641 proposition to which the motion is applied.
46414642 (d) Except as otherwise provided, the motion to limit
46424643 amendments shall have no effect on the parliamentary situation to
46434644 which the motion is applied, and the matter to which the motion is
46444645 applied shall continue to be considered by the house in all other
46454646 respects as though the motion had not been made.
46464647 (e) The amendments that are included within the motion to
46474648 limit amendments shall each be subject to amendment, if otherwise
46484649 permitted under the rules.
46494650 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
46504651 motion to limit amendments is not subject to a motion to table.
46514652 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
46524653 is offered, followed by an amendment to that amendment, and then a
46534654 substitute for the amendment to the amendment, these questions
46544655 shall be voted on in the reverse order of their offering.
46554656 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
46564657 amendment is adopted, such action shall be certified by the chief
46574658 clerk on the amendment, and the official copy of the amendment shall
46584659 then be securely attached to the bill or resolution which it amends.
46594660 RULE 12. PRINTING
46604661 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
46614662 Except as otherwise provided in this rule, all bills and joint
46624663 resolutions shall be printed and a copy provided to each member at
46634664 each of the following stages in the parliamentary progress of the
46644665 bill or joint resolution:
46654666 (1) at the time of the committee report on the bill or
46664667 joint resolution, which shall be known as "First Printing" and
46674668 which shall consist of:
46684669 (A) a complete text of the bill or joint
46694670 resolution as reported from committee;
46704671 (B) a complete copy of the bill analysis, a
46714672 complete copy of the summary of committee action, and a complete
46724673 copy of the witness list;
46734674 (C) the text of the committee report;
46744675 (D) the record vote by which the measure was
46754676 reported from committee, including the vote of individual members;
46764677 (E) a copy of the latest fiscal note; and
46774678 (F) a copy of each impact statement received by
46784679 the committee;
46794680 (2) at the time the bill or joint resolution, if
46804681 amended, finally passes the senate, senate amendments and house
46814682 engrossment text will be printed, which shall be known as "Second
46824683 Printing"; and
46834684 (3) at the time the conference committee, if any,
46844685 makes its report on the bill or joint resolution, which shall be
46854686 known as "Third Printing."
46864687 (b) In any section of the first printing of a bill or joint
46874688 resolution that proposes to amend an existing statute or
46884689 constitutional provision, language sought to be deleted must be
46894690 bracketed and stricken through, and language sought to be added
46904691 must be underlined. This requirement does not apply to:
46914692 (1) an appropriations bill;
46924693 (2) a local bill;
46934694 (3) a game bill;
46944695 (4) a recodification bill;
46954696 (5) a redistricting bill;
46964697 (6) a section of a bill or joint resolution not
46974698 purporting to amend an existing statute or constitutional
46984699 provision;
46994700 (7) a section of a bill or joint resolution that
47004701 revises the entire text of an existing statute or constitutional
47014702 provision, to the extent that it would confuse rather than clarify
47024703 to show deletions and additions; and
47034704 (8) a section of a bill or joint resolution providing
47044705 for severability, nonseverability, emergency, or repeal of an
47054706 existing statute or constitutional provision.
47064707 (c) The speaker may overrule a point of order raised as to a
47074708 violation of Subsection (b) of this section if the violation is
47084709 typographical or minor and does not tend to deceive or mislead.
47094710 (d) The requirement to provide a copy of a printing to each
47104711 member may be accomplished by making a copy of the printing
47114712 available in an electronic format for viewing by the member and,
47124713 when the electronic format copy of the appropriate printing becomes
47134714 available, sending notice of that fact to a Capitol e-mail address
47144715 designated by the member. If a member informs the chief clerk that
47154716 the member also desires to receive a paper copy of printings at
47164717 first, second, or third printing, the chief clerk shall place paper
47174718 copies of those printings designated by the member in the newspaper
47184719 box of the member as soon as practicable after the electronic copies
47194720 of the printings are made available for viewing.
47204721 (e) The provisions of Subsection (d) of this section
47214722 authorizing delivery of a printing by electronic means also apply
47224723 to any fiscal note, impact statement, analysis, or other item
47234724 required by these rules to be delivered or made available to each
47244725 member as an attachment to or in connection with the applicable
47254726 printing.
47264727 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
47274728 after the first printing except when ordered printed by a majority
47284729 vote of the house.
47294730 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
47304731 shall be printed only if the resolution:
47314732 (1) grants permission to sue the state;
47324733 (2) memorializes Congress to take or to refrain from
47334734 taking certain action;
47344735 (3) sets legislative policy or declares legislative
47354736 intent;
47364737 (4) makes corrective changes in any bill, joint
47374738 resolution, or conference committee report;
47384739 (5) establishes or interprets policy for a state
47394740 agency, department, or political subdivision;
47404741 (6) establishes, modifies, or changes internal
47414742 procedures or administration of the legislature or any component
47424743 part thereof;
47434744 (7) proposes an amendment to the Joint Rules of the
47444745 Senate and the House of Representatives; or
47454746 (8) is ordered printed by a majority vote of the house.
47464747 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
47474748 printed only if the resolution:
47484749 (1) proposes an amendment to the rules of the house;
47494750 (2) establishes, modifies, or changes the internal
47504751 procedures and administration of the house;
47514752 (3) establishes legislative policy or interprets
47524753 legislative intent; or
47534754 (4) is ordered printed by a majority of the house.
47544755 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
47554756 REQUIREMENTS. Except for matter to be printed in the journal, all
47564757 requirements contained in the rules with respect to the printing of
47574758 bills, resolutions, reports, and other matters shall be considered
47584759 complied with if the material is adequately and properly reproduced
47594760 by any acceptable means of reproduction.
47604761 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
47614762 CHAPTER A. MESSAGES
47624763 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
47634764 communications from the governor shall be received when announced,
47644765 and shall be read on the calendar day received.
47654766 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
47664767 the senate shall be received when announced. Senate bills
47674768 announced as passed shall be read for the first time and referred to
47684769 the appropriate committee as soon as practicable.
47694770 (b) Messages from the senate announcing amendments to house
47704771 bills and resolutions, nonconcurrence in house amendments to senate
47714772 bills and resolutions, requests for conference committees, reports
47724773 of conference committees, and all other matters of disagreement,
47734774 amendments, and requests between the two houses, shall go to the
47744775 speaker's desk in their regular order, but may be called up for
47754776 action by the house at any time as a privileged matter, yielding
47764777 only to a motion to adjourn.
47774778 CHAPTER B. SENATE AMENDMENTS
47784779 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
47794780 resolution, or other matter is returned to the house with senate
47804781 amendments, the house may:
47814782 (1) agree to the amendments; or
47824783 (2) disagree to all of the amendments and ask for a
47834784 conference committee; or
47844785 (3) agree to one or more of the amendments and disagree
47854786 as to the remainder and request a conference committee to consider
47864787 those in disagreement; or
47874788 (4) agree to one or more and disagree as to the
47884789 remainder; or
47894790 (5) disagree to all amendments.
47904791 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
47914792 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
47924793 amendments thereto must be adopted by a vote of two-thirds of the
47934794 elected membership of the house.
47944795 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
47954796 to house bills and resolutions must be printed and copies provided
47964797 to the members at least 24 hours before any action can be taken
47974798 thereon by the house during a regular or special session.
47984799 (b) When a house bill or joint resolution, other than the
47994800 general appropriations bill, with senate amendments is returned to
48004801 the house, the chief clerk shall request the Legislative Budget
48014802 Board to prepare a fiscal note outlining the fiscal implications
48024803 and probable cost of the measure as impacted by the senate
48034804 amendments. A copy of the fiscal note shall be distributed with the
48044805 senate amendments on their printing before any action can be taken
48054806 on the senate amendments by the house.
48064807 (c) When a house bill or joint resolution, other than the
48074808 general appropriations bill, with senate amendments is returned to
48084809 the house, the chief clerk shall request the Texas Legislative
48094810 Council to prepare an analysis that describes the substantive
48104811 changes made to the house version of the bill by the senate
48114812 amendments. A copy of the council's analysis of senate amendments
48124813 shall be provided to the members electronically or as a printed copy
48134814 at least 12 hours before action is taken on the senate amendments by
48144815 the house. The Texas Legislative Council shall make all reasonable
48154816 efforts to timely provide the analysis in as accurate a form as time
48164817 allows. However, an unavoidable inability to provide the analysis
48174818 or an inadvertent error in the analysis is not subject to a point of
48184819 order.
48194820 (d) When a house bill or joint resolution for which a tax
48204821 equity note was required under Rule 4, Section 34(b)(5), is
48214822 returned to the house with senate amendments, the chief clerk shall
48224823 request the Legislative Budget Board to prepare a tax equity note
48234824 estimating the general effects of the senate amendments on the
48244825 distribution of tax and fee burdens among individuals and
48254826 businesses. A copy of the updated tax equity note shall be made
48264827 available to each member, in some format, before any vote on the
48274828 floor can be taken on the senate amendments by the house.
48284829 CHAPTER C. CONFERENCE COMMITTEES
48294830 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
48304831 between the senate and the house by committee, the number of
48314832 committee members from each house shall be five. All votes on
48324833 matters of difference shall be taken by each committee separately.
48334834 A majority of each committee shall be required to determine the
48344835 matter in dispute. Reports by conference committees must be signed
48354836 by a majority of each committee of the conference.
48364837 (b) A copy of the report signed by a majority of each
48374838 committee of the conference must be furnished to each member of the
48384839 committee in person or if unable to deliver in person by placing a
48394840 copy in the member's newspaper mailbox at least one hour before the
48404841 report is furnished to each member of the house under Section 10(a)
48414842 of this rule. The paper copies of the report submitted to the chief
48424843 clerk under Section 10(b) of this rule must contain a certificate
48434844 that the requirement of this subsection has been satisfied, and
48444845 that certificate must be attached to the copy of the report
48454846 furnished to each member under Section 10(d) of this rule. Failure
48464847 to comply with this subsection is not subject to a point of order.
48474848 Sec. 7. MEETINGS. (a) House conferees when meeting with
48484849 senate conferees to adjust differences shall meet in public and
48494850 shall give a reasonable amount of notice of the meeting in the place
48504851 designated for giving notice of meetings of house standing
48514852 committees. Any such meeting shall be open to the news media. Any
48524853 conference committee report adopted in private shall not be
48534854 considered by the house.
48544855 (b) At a meeting of the conferees to adjust differences on
48554856 the general appropriations bill, the chair of the house conferees
48564857 may request the assistance of any house member who serves on the
48574858 appropriations committee.
48584859 Sec. 8. INSTRUCTIONS. Instructions to a conference
48594860 committee shall be made after the conference is ordered and before
48604861 the conferees are appointed by the speaker, and not thereafter.
48614862 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
48624863 committees shall limit their discussions and their actions solely
48634864 to the matters in disagreement between the two houses. A conference
48644865 committee shall have no authority with respect to any bill or
48654866 resolution:
48664867 (1) to change, alter, or amend text which is not in
48674868 disagreement;
48684869 (2) to omit text which is not in disagreement;
48694870 (3) to add text on any matter which is not in
48704871 disagreement;
48714872 (4) to add text on any matter which is not included in
48724873 either the house or senate version of the bill or resolution.
48734874 This rule shall be strictly construed by the presiding
48744875 officer in each house to achieve these purposes.
48754876 (b) Conference committees on appropriations bills, like
48764877 other conference committees, shall limit their discussions and
48774878 their actions solely to the matters in disagreement between the two
48784879 houses. In addition to the limitations contained elsewhere in the
48794880 rules, a conference committee on appropriations bills shall be
48804881 strictly limited in its authority as follows:
48814882 (1) If an item of appropriation appears in both house
48824883 and senate versions of the bill, the item must be included in the
48834884 conference committee report.
48844885 (2) If an item of appropriation appears in both house
48854886 and senate versions of the bill, and in identical amounts, no change
48864887 can be made in the item or the amount.
48874888 (3) If an item of appropriation appears in both house
48884889 and senate versions of the bill but in different amounts, no change
48894890 can be made in the item, but the amount shall be at the discretion of
48904891 the conference committee, provided that the amount shall not exceed
48914892 the larger version and shall not be less than the smaller version.
48924893 (4) If an item of appropriation appears in one version
48934894 of the bill and not in the other, the item can be included or omitted
48944895 at the discretion of the conference committee. If the item is
48954896 included, the amount shall not exceed the sum specified in the
48964897 version containing the item.
48974898 (5) If an item of appropriation appears in neither the
48984899 house nor the senate version of the bill, the item must not be
48994900 included in the conference committee report. However, the
49004901 conference committee report may include appropriations for
49014902 purposes or programs authorized by bills that have been passed and
49024903 sent to the governor and may include contingent appropriations for
49034904 purposes or programs authorized by bills that have been passed by at
49044905 least one house.
49054906 This rule shall be strictly construed by the presiding
49064907 officer in each house to achieve these purposes.
49074908 (c) Conference committees on tax bills, like other
49084909 conference committees, shall limit their discussions and their
49094910 actions solely to the matters in disagreement between the two
49104911 houses. In addition to the limitations contained elsewhere in the
49114912 rules, a conference committee on a tax bill shall be strictly
49124913 limited in its authority as follows:
49134914 (1) If a tax item appears in both house and senate
49144915 versions of the bill, the item must be included in the conference
49154916 committee report.
49164917 (2) If a tax item appears in both house and senate
49174918 versions of the bill, and in identical form and with identical
49184919 rates, no change can be made in the item or the rate provided.
49194920 (3) If a tax item appears in both house and senate
49204921 versions of the bill but at differing rates, no change can be made
49214922 in the item, but the rate shall be at the discretion of the
49224923 conference committee, provided that the rate shall not exceed the
49234924 higher version and shall not be less than the lower version.
49244925 (4) If a tax item appears in one version of the bill
49254926 and not in the other, the item can be included or omitted at the
49264927 discretion of the conference committee. If the item is included,
49274928 the rate shall not exceed the rate specified in the version
49284929 containing the item.
49294930 (5) If a tax item appears in neither the house nor the
49304931 senate version of the bill, the item must not be included in the
49314932 conference committee report.
49324933 This rule shall be strictly construed by the presiding
49334934 officer in each house to achieve these purposes.
49344935 (d) Conference committees on reapportionment bills, to the
49354936 extent possible, shall limit their discussions and their actions to
49364937 the matters in disagreement between the two houses. Since the
49374938 adjustment of one district in a reapportionment bill will
49384939 inevitably affect other districts, the strict rule of construction
49394940 imposed on other conference committees must be relaxed somewhat
49404941 when reapportionment bills are involved. Accordingly, the
49414942 following authority and limitations shall apply only to conference
49424943 committees on reapportionment bills:
49434944 (1) If the matters in disagreement affect only certain
49444945 districts, and other districts are identical in both house and
49454946 senate versions of the bill, the conference committee shall make
49464947 adjustments only in those districts whose rearrangement is
49474948 essential to the effective resolving of the matters in
49484949 disagreement. All other districts shall remain unchanged.
49494950 (2) If the matters in disagreement permeate the entire
49504951 bill and affect most, if not all, of the districts, the conference
49514952 committee shall have wide discretion in rearranging the districts
49524953 to the extent necessary to resolve all differences between the two
49534954 houses.
49544955 (3) Insofar as the actual structure of the districts
49554956 is concerned, and only to that extent, the provisions of Subsection
49564957 (a) of this section shall not apply to conference committees on
49574958 reapportionment bills.
49584959 (e) Conference committees on recodification bills, like
49594960 other conference committees, shall limit their discussions and
49604961 their actions solely to the matters in disagreement between the two
49614962 houses. The comprehensive and complicated nature of recodification
49624963 bills makes necessary the relaxing of the strict rule of
49634964 construction imposed on other conference committees only to the
49644965 following extent:
49654966 (1) If it develops in conference committee that
49664967 material has been inadvertently included in both house and senate
49674968 versions which properly has no place in the recodification, that
49684969 material may be omitted from the conference committee report, if by
49694970 that omission the existing statute is not repealed, altered, or
49704971 amended.
49714972 (2) If it develops in conference committee that
49724973 material has been inadvertently omitted from both the house and
49734974 senate versions which properly should be included if the
49744975 recodification is to achieve its purpose of being all-inclusive of
49754976 the statutes being recodified, that material may be added to the
49764977 conference committee report, if by the addition the existing
49774978 statute is merely restated without substantive change in existing
49784979 law.
49794980 (f) Limitations imposed on certain conference committees by
49804981 the provisions of this section may be suspended in part by
49814982 permission of the house to allow consideration of and action on a
49824983 specific matter or matters which otherwise would be prohibited.
49834984 Permission shall be granted only by resolution passed by majority
49844985 vote of the house. All such resolutions shall be privileged in
49854986 nature and need not be referred to a committee. The introduction of
49864987 such a resolution shall be announced from the house floor and the
49874988 resolution shall be eligible for consideration by the house:
49884989 (1) three hours after a copy of the resolution has been
49894990 distributed to each member; or
49904991 (2) for a resolution suspending limitations on a
49914992 conference committee considering the general appropriations bill,
49924993 48 hours in a regular session and 24 hours in a special session
49934994 after a copy of the resolution has been distributed to each member.
49944995 (g) The time at which the copies of such a resolution are
49954996 distributed to the members shall be time-stamped on the originals
49964997 of the resolution. The resolution shall specify in detail:
49974998 (1) the exact language of the matter or matters
49984999 proposed to be considered;
49995000 (2) the specific limitation or limitations to be
50005001 suspended;
50015002 (3) the specific action contemplated by the conference
50025003 committee;
50035004 (4) except for a resolution suspending the limitations
50045005 on the conferees for the general appropriations bill, the reasons
50055006 that suspension of the limitations is being requested; and
50065007 (5) a fiscal note distributed with the resolution
50075008 outlining the fiscal implications and probable cost of the items to
50085009 be included in the conference committee report that would otherwise
50095010 be prohibited but for the passage of the resolution.
50105011 (h) In the application of Subsection (g) of this section to
50115012 appropriations bills, the resolution:
50125013 (1) need not include changes in amounts resulting from
50135014 a proposed salary plan or changes in format that do not affect the
50145015 amount of an appropriation or the method of finance of an
50155016 appropriation, but shall include a general statement describing the
50165017 salary plan or format change;
50175018 (2) need not include differences in language which do
50185019 not affect the substance of the bill;
50195020 (3) if suspending a limitation imposed by Subsection
50205021 (b)(2), (3), (4), or (5) of this section, must specify the amount by
50215022 which the appropriation in the conference committee report is less
50225023 than or greater than the amount permitted for that item of
50235024 appropriation under Subsection (b) of this section; and
50245025 (4) shall be available in its entirety on the
50255026 electronic legislative information system that is accessible by the
50265027 general public.
50275028 (i) Permission granted by a resolution under Subsection (f)
50285029 of this section shall suspend the limitations only for the matter or
50295030 matters clearly specified in the resolution, and the action of the
50305031 conference committee shall be in conformity with the resolution.
50315032 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) A
50325033 conference committee report on the general appropriations bill must
50335034 be printed and a copy furnished to each member as provided by Rule
50345035 12, Section 1, at least 48 hours before action can be taken on the
50355036 report by the house during a regular session or at least 24 hours
50365037 before action can be taken by the house during a special session.
50375038 All other conference committee reports must be printed and a copy
50385039 furnished to each member as provided by Rule 12, Section 1, at least
50395040 24 hours before action can be taken on the report by the house
50405041 during a regular or special session.
50415042 (b) Three original copies of a conference committee report
50425043 shall be submitted to the chief clerk for printing. Each original
50435044 conference committee report shall contain the following:
50445045 (1) the signatures of the house conferees and senate
50455046 conferees who voted to adopt the conference committee report;
50465047 (2) the text of the bill or resolution as adopted by
50475048 the conference committee; and
50485049 (3) an analysis of the conference committee report as
50495050 required by Section 11 of this rule.
50505051 (c) Before action can be taken by the house on a conference
50515052 committee report on a bill or joint resolution, other than the
50525053 general appropriations bill, a fiscal note outlining the fiscal
50535054 implications and probable cost of the conference committee report
50545055 shall be submitted to the chief clerk, and a copy of the fiscal note
50555056 shall be distributed with the conference committee report on its
50565057 printing.
50575058 (d) Before a vote on the floor can be taken by the house on a
50585059 conference committee report on a bill or joint resolution for which
50595060 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
50605061 equity note estimating the general effects of the conference
50615062 committee report on the distribution of tax and fee burdens among
50625063 individuals and businesses shall be submitted to the chief clerk,
50635064 and a copy of the tax equity note shall be made available to each
50645065 member.
50655066 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
50665067 committees shall include an analysis showing wherein the report
50675068 differs from the house and senate versions of the bill, resolution,
50685069 or other matter in disagreement. The analysis of appropriations
50695070 bills shall show in dollar amounts the differences between the
50705071 conference committee report and the house and senate versions. No
50715072 conference committee report shall be considered by the house unless
50725073 such an analysis has been prepared and distributed to each member.
50735074 (b) The analysis shall to the extent practical indicate any
50745075 instance wherein the conference committee in its report appears to
50755076 have exceeded the limitations imposed on its jurisdiction by
50765077 Section 9 of this rule. An analysis and the conference committee
50775078 report in which the analysis is included are not subject to a point
50785079 of order due to a failure to comply with this subsection or due to a
50795080 mistake made in complying with this subsection.
50805081 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
50815082 report is not subject to amendment, but must be accepted or rejected
50825083 in its entirety. While a conference committee report is pending, a
50835084 motion to deal with individual amendments in disagreement is not in
50845085 order.
50855086 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
50865087 committee report is not acceptable to the house for any reason, it
50875088 may be recommitted to the same committee with the request for
50885089 further consideration, and the house may or may not give any
50895090 specific instructions on the report to the conference committee; or
50905091 the house may request the appointment by the senate of a new
50915092 conference committee and then proceed to empower the speaker to
50925093 name new conferees for the house.
50935094 RULE 14. GENERAL PROVISIONS
50945095 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
50955096 inexplicit on any question of order or parliamentary practice, the
50965097 Rules of the House of Representatives of the United States
50975098 Congress, and its practice as reflected in published precedents,
50985099 and Mason's Manual of Legislative Procedure shall be considered as
50995100 authority.
51005101 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
51015102 rules of the house shall be proposed by house resolutions which
51025103 shall be referred at once, without debate, to the Committee on House
51035104 Administration for study and recommendation.
51045105 (b) A resolution proposing an amendment to the rules shall
51055106 not be considered by the house until a printed copy of the
51065107 resolution has been provided to each member of the house at least 48
51075108 hours before consideration.
51085109 (c) Amendments to the rules shall require a majority vote of
51095110 the house for adoption.
51105111 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
51115112 the rules shall be in order at any time, except when motions to
51125113 adjourn or recess are pending, even when the house is operating
51135114 under the previous question. A motion to "suspend all rules" shall
51145115 be sufficient to suspend every rule under which the house is
51155116 operating for a particular purpose except the provisions of the
51165117 constitution and the joint rules of the two houses. If the rules
51175118 have been suspended on a main motion for a given purpose, no other
51185119 motion to suspend the rules on a main motion shall be in order until
51195120 the original purpose has been accomplished.
51205121 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
51215122 shall not be in order to move to suspend the rules or the regular
51225123 order of business to take up a measure out of its regular order, and
51235124 the speaker shall not recognize anyone for either purpose, unless
51245125 the speaker has announced to the house in session that the speaker
51255126 would recognize a member for that purpose at least one hour before
51265127 the member is so recognized to make the motion. In making the
51275128 announcement to the house, the speaker shall advise the house of the
51285129 member's name and the bill number, and this information, together
51295130 with the time that the announcement was made, shall be entered in
51305131 the journal. This rule may be suspended only by unanimous consent.
51315132 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
51325133 of the house may be suspended by an affirmative vote of two-thirds
51335134 of the members present. However, if a rule contains a specific
51345135 provision showing the vote by which that rule may be suspended, that
51355136 vote shall be required for the suspension of the rule. The specific
51365137 provision may not be suspended under the provisions of this
51375138 section.
51385139 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
51395140 measure taken up under suspension and not disposed of on the same
51405141 day shall go over as pending or unfinished business to the next day
51415142 that the house is in session, and shall be considered thereafter
51425143 from day to day (except the days used for the consideration of
51435144 senate bills) until disposed of.
51445145 RULE 15. APPROPRIATE WORKPLACE CONDUCT
51455146 Sec. 1. STATEMENT OF POLICY. (a) The house finds that:
51465147 (1) a safe and professional environment in which each
51475148 individual is treated with respect is essential for conducting the
51485149 legislative business of Texas;
51495150 (2) harassment based on an individual's
51505151 characteristics and activity protected by law is inconsistent with
51515152 the necessary safe and professional environment; and
51525153 (3) there is a need for policies designed to prevent
51535154 harassment and to appropriately address it if it occurs.
51545155 (b) The house declares that all forms of harassment
51555156 prohibited by law (including harassment by the making of a
51565157 complaint of harassment or discrimination or by participating in
51575158 the investigation of a complaint) are against the policy of the
51585159 house.
51595160 (c) Members, officers, and employees of the house are
51605161 expected to promote public confidence in the integrity of the house
51615162 by:
51625163 (1) conducting themselves in a manner that is free of
51635164 harassment in each setting related to the service of the member,
51645165 officer, or employee; and
51655166 (2) reporting any harassment in the workplace of which
51665167 they have direct, personal knowledge.
51675168 (d) This rule is the policy on which the house relies for
51685169 guidance in promoting appropriate workplace conduct. This rule is
51695170 not intended to, and does not, create an independent cause of
51705171 action, substantive or procedural, enforceable at law or in equity,
51715172 by any party against:
51725173 (1) the house or its officers, employees, or agents;
51735174 (2) the State of Texas or its departments, agencies,
51745175 entities, officers, employees, or agents; or
51755176 (3) any other person.
51765177 RULE 16. SPECIAL RULE
51775178 CHAPTER A. GENERAL PROVISIONS
51785179 Sec. 1. PURPOSE; SCOPE; APPLICATION. (a) This rule is
51795180 adopted to ensure that the house is able to carry out its
51805181 legislative responsibilities under the Texas Constitution in the
51815182 event of disruptions caused by actual or imminent threat of an
51825183 emergency, including an epidemic or a pandemic.
51835184 (b) A section of this rule governs the procedure of the
51845185 house and its committees only when the section is activated as
51855186 provided by this rule.
51865187 (c) During the time a section of this rule is activated, the
51875188 provisions of that section prevail over a provision of Rules 1
51885189 through 15 to the extent of any conflict between the provisions.
51895190 (d) This chapter is not subject to deactivation under
51905191 Section 4 of this rule.
51915192 Sec. 2. INITIAL ACTIVATION. This rule is initially
51925193 activated in its entirety upon adoption of the permanent rules of
51935194 procedure of the House of Representatives for the 87th Legislature.
51945195 Sec. 3. REACTIVATION. (a) A section of this rule that has
51955196 been deactivated under this chapter may be reactivated only as
51965197 provided by this section.
51975198 (b) Reactivation of a section of this rule may occur only
51985199 if:
51995200 (1) a disaster has been declared and is currently in
52005201 effect in this state as the result of a declaration by:
52015202 (A) the president of the United States under the
52025203 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
52035204 U.S.C. Section 5121 et seq.), as amended, or other law;
52045205 (B) the governor under Chapter 418, Government
52055206 Code, or other law, including the Texas Constitution; or
52065207 (C) the governing body of a political subdivision
52075208 under Chapter 418, Government Code, or other law, including the
52085209 Texas Constitution; or
52095210 (2) a determination of a public health disaster has
52105211 been made and is currently in effect under Chapter 81, Health and
52115212 Safety Code, or other law by:
52125213 (A) the commissioner of state health services; or
52135214 (B) a local health authority.
52145215 (c) If the house is convened in regular or special session
52155216 and at least one condition listed in Subsection (b) of this section
52165217 has been met, the house may reactivate one or more sections of this
52175218 rule by resolution. A resolution proposed under this subsection is
52185219 subject to the provisions of Rule 14, Section 2, and must:
52195220 (1) identify the section or sections proposed to be
52205221 reactivated; and
52215222 (2) cite the authorities relied on to determine that
52225223 at least one condition listed in Subsection (b) of this section has
52235224 been met.
52245225 (d) If the house is not convened in a regular or special
52255226 session and at least one condition listed in Subsection (b) of this
52265227 section has been met, the Committee on House Administration may
52275228 reactivate one or more sections of this rule only by a vote of a
52285229 majority of the membership of the committee in a meeting of the
52295230 committee conducted in accordance with the rules. The notice of the
52305231 committee meeting must identify the section or sections of this
52315232 rule that are proposed to be reactivated and cite the authorities
52325233 relied on to determine that at least one condition listed in
52335234 Subsection (b) of this section has been met. The minutes of the
52345235 committee meeting must identify the section or sections of this
52355236 rule that were reactivated by the committee and cite the
52365237 authorities relied on to determine that at least one condition
52375238 listed in Subsection (b) of this section has been met.
52385239 Sec. 4. DEACTIVATION. (a) If the house is convened in a
52395240 regular or special session, a section of this rule may be
52405241 deactivated only by resolution. A resolution proposed under this
52415242 subsection is subject to the provisions of Rule 14, Section 2, and
52425243 must identify the section or sections of this rule to be
52435244 deactivated.
52445245 (b) If the house is not convened in a regular or special
52455246 session, the Committee on House Administration may deactivate one
52465247 or more sections of this rule. A section of this rule may be
52475248 deactivated only by a vote of a majority of the membership of the
52485249 committee in a meeting of the committee conducted in accordance
52495250 with the rules. The notice of the committee meeting must identify
52505251 the section or sections of this rule that are proposed to be
52515252 deactivated. The minutes of the committee meeting must identify
52525253 the section or sections of this rule that were deactivated by the
52535254 committee.
52545255 CHAPTER B. DUTIES AND RIGHTS OF THE SPEAKER
52555256 Sec. 5. A new Rule 1, Section 10A, relating to the
52565257 designation of a temporary chair, shall read as follows:
52575258 Rule 1, Sec. 10A. DESIGNATION OF ALTERNATE
52585259 TEMPORARY CHAIR. (a) If the speaker and permanent
52595260 speaker pro tempore are both unavailable for any
52605261 reason, the chair of the Committee on State Affairs is
52615262 authorized to convene the house and preside over its
52625263 deliberations.
52635264 (b) At any time, the speaker may provide a
52645265 written order to the chief clerk, with a copy to the
52655266 journal clerk, naming those members, in priority
52665267 order, authorized to call the house to order and
52675268 preside if the speaker, permanent speaker pro tempore,
52685269 and chair of the Committee on State Affairs are all
52695270 absent or unable to preside. If the speaker, permanent
52705271 speaker pro tempore, and chair of the Committee on
52715272 State Affairs are all unavailable for any reason, and
52725273 it becomes necessary for the house to convene pursuant
52735274 to an adjournment, recess, or other provision of the
52745275 constitution or other law, the chief clerk shall
52755276 contact the members, in the order listed on the
52765277 speaker's written order, until the chief clerk locates
52775278 a member who is available to convene and preside over
52785279 the deliberations of the house.
52795280 Sec. 6. Rule 1, Section 11, relating to emergency
52805281 adjournment, shall read as follows:
52815282 Rule 1, Sec. 11. EMERGENCY ADJOURNMENT. In the
52825283 event of an emergency of such compelling nature that
52835284 the speaker must adjourn the house without fixing a
52845285 date and hour of reconvening, the speaker shall have
52855286 authority, subject to the provisions of Section 17,
52865287 Article III, Texas Constitution, to determine the date
52875288 and hour of reconvening and to notify the members of
52885289 the house by any means the speaker considers adequate.
52895290 Should the speaker be disabled or otherwise unable to
52905291 exercise these emergency powers, the permanent speaker
52915292 pro tempore, if one has been named, shall have
52925293 authority to act. If there is no permanent speaker pro
52935294 tempore, or if that officer is unable to act, authority
52945295 shall be exercised by one of the following members, in
52955296 the order listed below [the chair of the Committee on
52965297 State Affairs], who shall preside until the house can
52975298 proceed to the selection of a temporary presiding
52985299 officer to function until the speaker or the speaker
52995300 pro tempore is again able to exercise the duties and
53005301 responsibilities of the office:
53015302 (1) the chair of the Committee on State
53025303 Affairs; or
53035304 (2) the first available member on the
53045305 speaker's written order filed with the chief clerk
53055306 under Section 10A of this rule.
53065307 Sec. 7. Rule 1, Section 12, relating to postponement of
53075308 reconvening, shall read as follows:
53085309 Rule 1, Sec. 12. POSTPONEMENT OF RECONVENING.
53095310 When the house is not in session, if the speaker
53105311 determines that it would be a hazard to the safety of
53115312 the members, officers, employees, and others attending
53125313 the legislature to reconvene at the time determined by
53135314 the house at its last sitting, the speaker may clear
53145315 the area of the capitol under the control of the house
53155316 and, subject to the provisions of Section 17, Article
53165317 III, Texas Constitution, postpone the reconvening of
53175318 the house for a period of not more than three calendar
53185319 days, not including Sundays [12 hours]. On making that
53195320 determination, the speaker shall order the
53205321 sergeant-at-arms to post an assistant at each first
53215322 floor entrance to the capitol and other places and
53225323 advise all persons entering of the determination and
53235324 the time set for the house to reconvene. The speaker
53245325 shall also notify the journal clerk and the news media
53255326 of the action, and the action shall be entered in the
53265327 house journal. If the speaker is unavailable or unable
53275328 to act, the authority to postpone reconvening under
53285329 this section may be exercised by one of the following
53295330 members, in the order listed below:
53305331 (1) the permanent speaker pro tempore;
53315332 (2) the chair of the Committee on State
53325333 Affairs; or
53335334 (3) the first available member on the
53345335 speaker's written order filed with the chief clerk
53355336 under Section 10A of this rule.
53365337 CHAPTER C. OFFICERS AND EMPLOYEES
53375338 [RESERVED FOR EXPANSION]
53385339 CHAPTER D. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
53395340 Sec. 8. A new Rule 4, Section 8A, relating to required face
53405341 masks during committee meetings, shall read as follows:
53415342 Rule 4, Sec. 8A. FACE MASKS REQUIRED FOR
53425343 COMMITTEE MEETINGS. Each person admitted to a meeting
53435344 room for the purpose of participating in or attending a
53445345 committee or subcommittee meeting is required to wear
53455346 at all times a face mask that complies with the
53465347 recommendations of the Centers for Disease Control and
53475348 Prevention. A member of the house or a witness may
53485349 temporarily remove the person's face mask only while
53495350 speaking from a microphone on the dais or the witness
53505351 podium. An officer or employee of the house may
53515352 temporarily remove the person's face mask only while
53525353 speaking from a microphone or as directed by the chair.
53535354 If the Committee on House Administration has installed
53545355 clear barriers that comply with epidemiological best
53555356 practices on the dais in a meeting room, a member,
53565357 officer, or employee may remove the person's face mask
53575358 when the person is protected by the barriers if other
53585359 persons who are not protected by the barriers are at
53595360 least six feet away from the member, officer, or
53605361 employee.
53615362 Sec. 9. Rule 4, Section 11, and new Rule 4, Section 11A,
53625363 relating to posting notice of committee meetings, shall read as
53635364 follows:
53645365 Rule 4, Sec. 11. POSTING NOTICE. (a) No
53655366 committee or subcommittee, including a calendars
53665367 committee, shall assemble for the purpose of a public
53675368 hearing during a regular session unless notice of the
53685369 hearing has been posted in accordance with the rules at
53695370 least five calendar days in advance of the hearing. No
53705371 committee or subcommittee, including a calendars
53715372 committee, shall assemble for the purpose of a public
53725373 hearing during a special session unless notice of the
53735374 hearing has been posted in accordance with the rules at
53745375 least 24 hours in advance of the hearing. The committee
53755376 minutes shall reflect the date of each posting of
53765377 notice. Notice shall not be required for a public
53775378 hearing or a formal meeting on a senate bill which is
53785379 substantially the same as a house bill that has
53795380 previously been the subject of a duly posted public
53805381 hearing by the committee.
53815382 (b) No committee or subcommittee, including a
53825383 calendars committee, shall assemble for the purpose of
53835384 a formal meeting or work session during a regular or
53845385 special session unless written notice has been posted
53855386 and transmitted to each member of the committee two
53865387 hours in advance of the meeting or an announcement has
53875388 been filed with the journal clerk and read by the
53885389 reading clerk while the house is in session at least 30
53895390 minutes in advance of the meeting.
53905391 (c) All committees meeting during the interim
53915392 for the purpose of a formal meeting, work session, or
53925393 public hearing shall post notice in accordance with
53935394 the rules and notify members of the committee at least
53945395 five calendar days in advance of the meeting.
53955396 Rule 4, Sec. 11A. CONTENTS OF NOTICE. In
53965397 addition to other information required by the rules,
53975398 the notice of a committee meeting must include:
53985399 (1) instructions, or a link to
53995400 instructions on the house's Internet website, related
54005401 to public access to the meeting location and health and
54015402 safety protocols for attending the meeting;
54025403 (2) for a meeting that will be video
54035404 broadcast under Section 12A of this rule, the link to
54045405 that broadcast on the house's Internet website; and
54055406 (3) for a public hearing, instructions, or
54065407 a link to instructions on the house's Internet website,
54075408 for individuals who wish to:
54085409 (A) testify in person at the hearing;
54095410 or
54105411 (B) electronically submit public
54115412 comments without testifying.
54125413 Sec. 10. A new Rule 4, Section 12A, relating to public
54135414 access to committee meetings, shall read as follows:
54145415 Rule 4, Sec. 12A. PUBLIC ACCESS TO COMMITTEE
54155416 MEETINGS. The requirement for all meetings of a
54165417 committee or subcommittee to be open to other members,
54175418 the press, and the public may be satisfied by video
54185419 broadcasting the meeting in real time through the
54195420 Internet. The video broadcast must be accessible from
54205421 a link on the house's Internet website.
54215422 Sec. 11. A new Rule 4, Section 16A, relating to quorum
54225423 requirements for taking testimony, shall read as follows:
54235424 Rule 4, Sec. 16A. QUORUM REQUIREMENTS FOR
54245425 TAKING TESTIMONY. Two members of a committee shall
54255426 constitute a quorum for the sole purpose of taking
54265427 testimony during a public hearing. Any other
54275428 committee member may participate in the public hearing
54285429 through an Internet or other videoconferencing system
54295430 if two-way communication has been enabled to allow all
54305431 committee members to be clearly visible and audible to
5431- each other and clearly audible to the testifying
5432- witness.
5433- Sec. 12. A new Rule 4, Section 20A, relating to invited
5432+ each other and to the testifying witness.
5433+ Sec. 12. A new Rule 4, Section 18B, relating to the content
5434+ of committee minutes, shall read as follows:
5435+ Rule 4, Sec. 18B. MODIFIED CONTENT OF COMMITTEE
5436+ MINUTES. The attachment to the minutes required under
5437+ Section 18(b) of this rule is not required to include
5438+ the names of persons who submitted a sworn statement
5439+ and were not recognized by the chair to address the
5440+ committee.
5441+ Sec. 13. A new Rule 4, Section 20A, relating to invited
54345442 testimony, and a new Rule 4, Section 20B, relating to public
54355443 comments, shall read as follows:
5436- Rule 4, Sec. 20A. INVITED TESTIMONY. When
5444+ Rule 4, Sec. 20A. INVITED TESTIMONY. (a) When
54375445 inviting witnesses to testify at a public hearing in
54385446 the manner described by Section 20(g) of this rule, the
5439- chair of a committee or subcommittee shall make a
5440- reasonable effort to invite witnesses representing
5441- different viewpoints on the measures and other matters
5442- scheduled for a public hearing.
5447+ chair of a committee shall:
5448+ (1) make a reasonable effort to invite
5449+ witnesses representing different viewpoints on the
5450+ measures and other matters scheduled for a public
5451+ hearing; and
5452+ (2) comply with a request to extend a
5453+ witness invitation if the request meets the
5454+ requirements of Subsections (b) and (c) of this
5455+ section.
5456+ (b) Members of a committee may submit a request
5457+ to the chair to extend an invitation to not more than
5458+ two witnesses to testify on a particular measure or
5459+ matter at a public hearing in the manner described by
5460+ Section 20(g) of this rule. A member of a committee
5461+ may not sign a request for more than two witnesses for
5462+ a particular measure or matter scheduled for a public
5463+ hearing.
5464+ (c) A request made under Subsection (b) of this
5465+ section must be:
5466+ (1) submitted to the chair at least 24
5467+ hours before the scheduled time of the public hearing;
5468+ and
5469+ (2) signed by the requisite number of
5470+ committee members:
5471+ (A) two members of a committee
5472+ consisting of fewer than nine members;
5473+ (B) three members of a committee
5474+ consisting of nine members;
5475+ (C) four members of a committee
5476+ consisting of more than nine but fewer than 15
5477+ members; and
5478+ (D) five members of a committee
5479+ consisting of 15 or more members.
5480+ (d) The provisions of this section apply to the
5481+ operations of subcommittees.
54435482 Rule 4, Sec. 20B. PUBLIC COMMENTS. For each
54445483 public hearing scheduled, the chair of the committee
54455484 must allow persons domiciled in this state to
54465485 electronically submit comments to the committee that
54475486 relate to the measures or matters included on the
54485487 notice for the public hearing. The Committee on House
54495488 Administration shall establish a standard process for
54505489 the electronic submission and posting of public
54515490 comments submitted to house committees.
5491+ Sec. 14. A new Rule 4, Section 32A, relating to the form of
5492+ committee reports, shall read as follows:
5493+ Rule 4, Sec. 32A. MODIFIED CONTENT OF COMMITTEE
5494+ REPORT. The list required to be included in the
5495+ committee report under Section 32(b)(10) of this rule
5496+ is not required to include the names of persons who
5497+ submitted a sworn statement and were not recognized by
5498+ the chair to address the committee.
54525499 CHAPTER E. FLOOR PROCEDURE
5453- Sec. 13. Rule 5, Sections 11 and 12, and new Rule 5, Section
5500+ Sec. 15. Rule 5, Sections 11 and 12, and new Rule 5, Section
54545501 20A, relating to admission privileges of accredited media, shall
54555502 read as follows:
54565503 Rule 5, Sec. 11. PRIVILEGES OF THE HOUSE FLOOR.
54575504 Only the following persons shall be entitled to the
54585505 privileges of the floor of the house when the house is
54595506 in session: members of the house; employees of the
54605507 house when performing their official duties as
54615508 determined by the Committee on House Administration;
54625509 members of the senate; employees of the senate when
54635510 performing their official duties; the Governor of
54645511 Texas and the governor's chief of staff and director of
54655512 legislative affairs; the lieutenant governor; the
54665513 secretary of state; duly accredited media
54675514 representatives only as permitted by Section 20(f) of
54685515 this rule; contestants in election cases pending
54695516 before the house; and immediate families of the
54705517 members of the legislature on such special occasions
54715518 as may be determined by the Committee on House
54725519 Administration.
54735520 Rule 5, Sec. 12. ADMITTANCE WITHIN THE RAILING.
54745521 Only the following persons shall be admitted to the
54755522 area on the floor of the house enclosed by the railing
54765523 when the house is in session: members of the house;
54775524 members of the senate; the governor; the lieutenant
54785525 governor; officers and employees of the senate and
54795526 house when those officers and employees are actually
54805527 engaged in performing their official duties as
54815528 determined by the Committee on House Administration;
54825529 and spouses of members of the house on such occasions
54835530 as may be determined by the Committee on House
54845531 Administration [; and, within the area specifically
54855532 designated for media representatives, duly accredited
54865533 media representatives as permitted by Section 20 of
54875534 this rule].
54885535 Rule 5, Sec. 20A. MEDIA ACCESS TO HOUSE CHAMBER
54895536 UNDER RULE 16. (a) When the house is in session, an
54905537 accredited media representative:
54915538 (1) is entitled to admission to that
54925539 portion of the gallery specifically designated for
54935540 media representatives, subject to available seating;
54945541 and
54955542 (2) is not entitled to admission to the
54965543 floor of the house or allowed its privileges, except as
54975544 permitted by Section 20(f) of this rule.
54985545 (b) A pass card issued under Section 20 of this
54995546 rule must be presented to the sergeant-at-arms each
55005547 time the media representative seeks admission to that
55015548 portion of the gallery specifically designated for
55025549 media representatives. Media representatives
55035550 admitted to that portion of the gallery specifically
55045551 designated for media representatives pursuant to the
55055552 provisions of this section shall work in seats
55065553 designated by the Committee on House Administration
55075554 for use by accredited media representatives.
5508- Sec. 14. A new Rule 5, Section 19A, relating to face masks
5555+ Sec. 16. A new Rule 5, Section 19A, relating to face masks
55095556 during floor sessions, shall read as follows:
55105557 Rule 5, Sec. 19A. FACE MASKS REQUIRED DURING
55115558 FLOOR SESSIONS. Each person admitted to the house
55125559 floor or gallery for the purpose of participating in,
55135560 attending, providing support for, or observing house
55145561 proceedings is required to wear at all times a face
55155562 mask that complies with the recommendations of the
55165563 Centers for Disease Control and Prevention. A member
55175564 of the house may temporarily remove the member's face
55185565 mask only while speaking from the front or back
55195566 microphone. An officer or employee of the house or
55205567 senate may temporarily remove the person's face mask
55215568 only while speaking from the front or back microphone
55225569 or as directed by the presiding officer. The speaker,
55235570 or a member presiding under Rule 1, may temporarily
55245571 remove the person's face mask only while speaking from
55255572 the microphone at the speaker's desk.
5526- Sec. 15. Rule 5, Section 40, relating to recording votes on
5573+ Sec. 17. Rule 5, Section 40, relating to recording votes on
55275574 the voting machine, shall read as follows:
55285575 Rule 5, Sec. 40. RECORDING ALL VOTES ON VOTING
55295576 MACHINE. On all votes, except viva voce votes,
55305577 members shall record their votes on the voting machine
55315578 and shall not be recognized by the chair to cast their
55325579 votes from the floor or gallery. If a member attempts
55335580 to vote from the floor or gallery, the speaker shall
55345581 sustain a point of order directed against the member's
55355582 so doing. This rule shall not be applicable to the
55365583 mover or the principal opponent of the proposition
55375584 being voted on nor to a member whose voting machine is
55385585 out of order. If a member demands strict enforcement of
55395586 this section, Section 47 of this rule shall not apply
55405587 to the taking of a vote, and the house may discipline a
55415588 member in violation of this rule pursuant to its
55425589 inherent authority. As used in these rules, the term
55435590 "voting machine" includes a device issued to a member
55445591 by the Texas Legislative Council and configured to
55455592 provide access to a secure website through which the
55465593 member, when present in the house under Section 45 of
55475594 this rule, may:
55485595 (1) register presence during a
55495596 registration; or
55505597 (2) cast a vote during a division or record
55515598 vote.
5552- Sec. 16. Rule 5, Section 45, relating to areas from which
5599+ Sec. 18. Rule 5, Section 45, relating to areas from which
55535600 voting is allowed, shall read as follows:
55545601 Rule 5, Sec. 45. PRESENCE IN HOUSE REQUIRED IN
55555602 ORDER TO VOTE. A member must be on the floor of the
55565603 house, in the house gallery, or in an adjacent room or
55575604 hallway on the same level as the house floor or
55585605 gallery, in order to vote.
55595606 CHAPTER F. ORDER OF BUSINESS AND CALENDARS
5560- Sec. 17. Rule 6, Section 1, relating to the daily order of
5607+ Sec. 19. Rule 6, Section 1, relating to the daily order of
55615608 business, shall read as follows:
55625609 Rule 6, Sec. 1. DAILY ORDER OF BUSINESS. (a)
55635610 When the house convenes on a new legislative day, the
55645611 daily order of business shall be as follows:
55655612 (1) Call to order by speaker.
55665613 (2) Registration of members.
55675614 (3) Prayer [by chaplain], unless the
55685615 invocation has been given previously on the particular
55695616 calendar day.
55705617 (4) Pledge of allegiance to the United
55715618 States flag.
55725619 (5) Pledge of allegiance to the Texas
55735620 flag.
55745621 (6) Excuses for absence of members and
55755622 officers.
55765623 (7) First reading and reference to
55775624 committee of bills filed with the chief clerk; and
55785625 motions to introduce bills, when such motions are
55795626 required.
55805627 (8) Requests to print bills and other
55815628 papers; requests of committees for further time to
55825629 consider papers referred to them; and all other
55835630 routine motions and business not otherwise provided
55845631 for, all of which shall be undebatable except that the
55855632 mover and one opponent of the motion shall be allowed
55865633 three minutes each.
55875634 The mover of a routine motion shall be allowed his
55885635 or her choice of making the opening or the closing
55895636 speech under this rule. If the house, under a
55905637 suspension of the rules, extends the time of a member
55915638 under this rule, such extensions shall be for three
55925639 minutes. Subsidiary motions that are applicable to
55935640 routine motions shall be in order, but the makers of
55945641 such subsidiary motions shall not be entitled to speak
55955642 thereon in the routine motion period, nor shall the
55965643 authors of the original routine motions be allowed any
55975644 additional time because of subsidiary motions.
55985645 (9) Unfinished business.
55995646 (10) Third reading calendars of the house
56005647 in their order of priority in accordance with Section 7
56015648 of this rule, unless a different order is determined
56025649 under other provisions of these rules.
56035650 (11) Postponed matters to be laid before
56045651 the house in accordance with Rule 7, Section 15.
56055652 (12) Second reading calendars of the
56065653 house in their order of priority in accordance with
56075654 Section 7 of this rule, unless a different order is
56085655 determined under other provisions of these rules.
56095656 (13) First reading and reference to
56105657 committee of bills filed with the chief clerk; and
56115658 motions to introduce bills, when such motions are
56125659 required.
56135660 (b) When the house reconvenes for the first time
56145661 on a new calendar day following a recess, the daily
56155662 order of business shall be:
56165663 (1) Call to order by the speaker.
56175664 (2) [Registration of members.
56185665 [(3)] Prayer [by the chaplain].
56195666 (3) [(4)] Pledge of allegiance to the
56205667 United States flag.
56215668 (4) [(5)] Pledge of allegiance to the
56225669 Texas flag.
56235670 (5) [(6)] Excuses for absence of members
56245671 and officers.
56255672 (6) Requests to print bills and other
56265673 papers; requests of committees for further time to
56275674 consider papers referred to them; and all other
56285675 routine motions and business not otherwise provided
56295676 for, all of which shall be undebatable except that the
56305677 mover and one opponent of the motion shall be allowed
56315678 three minutes each.
56325679 The mover of a routine motion shall be allowed his
56335680 or her choice of making the opening or the closing
56345681 speech under this rule. If the house, under a
56355682 suspension of the rules, extends the time of a member
56365683 under this rule, such extensions shall be for three
56375684 minutes. Subsidiary motions that are applicable to
56385685 routine motions shall be in order, but the makers of
56395686 such subsidiary motions shall not be entitled to speak
56405687 thereon in the routine motion period, nor shall the
56415688 authors of the original routine motions be allowed any
56425689 additional time because of subsidiary motions.
56435690 (7) Pending business.
56445691 (8) Calendars of the house in their order
56455692 of priority in accordance with Section 7 of this rule,
56465693 unless a different order is determined under other
56475694 provisions of these rules.
56485695 (9) First reading and reference to
56495696 committee of bills filed with the chief clerk; and
56505697 motions to introduce bills, when such motions are
56515698 required.
5699+ Sec. 20. Rule 6, Section 7, relating to the system of
5700+ calendars, and a new Rule 6, Section 7A, relating to consideration
5701+ of the consensus calendar, shall read as follows:
5702+ Rule 6, Sec. 7. SYSTEM OF CALENDARS. (a)
5703+ Legislative business of the house shall be controlled
5704+ by a system of calendars, consisting of the following:
5705+ (1) EMERGENCY CALENDAR, on which shall
5706+ appear bills considered to be of such pressing and
5707+ imperative import as to demand immediate action, bills
5708+ to raise revenue and levy taxes, and the general
5709+ appropriations bill. A bill submitted as an emergency
5710+ matter by the governor may also be placed on this
5711+ calendar.
5712+ (1-a) CONSENSUS CALENDAR, on which shall
5713+ appear bills, not emergency in nature, that were not
5714+ recommended by the appropriate standing committee for
5715+ placement on the local, consent, and resolutions
5716+ calendar and that, in the opinion of the Committee on
5717+ Calendars, can be considered expeditiously with
5718+ limited debate.
5719+ (2) MAJOR STATE CALENDAR, on which shall
5720+ appear bills of statewide effect, not emergency in
5721+ nature, which establish or change state policy in a
5722+ major field of governmental activity and which will
5723+ have a major impact in application throughout the
5724+ state without regard to class, area, or other limiting
5725+ factors.
5726+ (3) CONSTITUTIONAL AMENDMENTS CALENDAR,
5727+ on which shall appear joint resolutions proposing
5728+ amendments to the Texas Constitution, joint
5729+ resolutions proposing the ratification of amendments
5730+ to the Constitution of the United States, and joint
5731+ resolutions applying to Congress for a convention to
5732+ amend the Constitution of the United States.
5733+ (4) GENERAL STATE CALENDAR, on which shall
5734+ appear bills of statewide effect, not emergency in
5735+ nature, which establish or change state law and which
5736+ have application to all areas but are limited in legal
5737+ effect by classification or other factors which
5738+ minimize the impact to something less than major state
5739+ policy, and bills, not emergency in nature, which are
5740+ not on the local, consent, and resolutions calendar.
5741+ (5) LOCAL, CONSENT, AND RESOLUTIONS
5742+ CALENDAR, on which shall appear bills, house
5743+ resolutions, and concurrent resolutions, not
5744+ emergency in nature, regardless of extent and scope,
5745+ on which there is such general agreement as to render
5746+ improbable any opposition to the consideration and
5747+ passage thereof, and which have been recommended by
5748+ the appropriate standing committee for placement on
5749+ the local, consent, and resolutions calendar by the
5750+ Committee on Local and Consent Calendars.
5751+ (6) RESOLUTIONS CALENDAR, on which shall
5752+ appear house resolutions and concurrent resolutions,
5753+ not emergency in nature and not privileged.
5754+ (7) CONGRATULATORY AND MEMORIAL
5755+ RESOLUTIONS CALENDAR, on which shall appear
5756+ congratulatory and memorial resolutions whose sole
5757+ intent is to congratulate, memorialize, or otherwise
5758+ express concern or commendation. The Committee on
5759+ Resolutions Calendars may provide separate categories
5760+ for congratulatory and memorial resolutions.
5761+ (b) A calendars committee shall strictly
5762+ construe and the speaker shall strictly enforce this
5763+ system of calendars.
5764+ Rule 6, Sec. 7A. PROCEDURE FOR CONSIDERATION OF
5765+ BILLS PLACED ON A CONSENSUS CALENDAR. During the
5766+ consideration of a bill placed on the consensus
5767+ calendar, the following procedures shall be observed:
5768+ (1) All speeches shall be limited to three
5769+ minutes in duration and shall not be extended. The
5770+ speaker shall call the members to order at the
5771+ expiration of their time. The time limits established
5772+ by this subdivision shall include time consumed in
5773+ yielding to questions from the floor.
5774+ (2) An amendment to a bill placed on the
5775+ consensus calendar shall not be in order during second
5776+ reading consideration of the bill unless the amendment
5777+ has first been submitted to and approved by the
5778+ Committee on Calendars, which shall be noted thereon
5779+ by the chair of the Committee on Calendars prior to the
5780+ offering of the amendment.
56525781 CHAPTER G. MOTIONS
56535782 [RESERVED FOR EXPANSION]
56545783 CHAPTER H. BILLS
5655- Sec. 18. Rule 8, Section 14, relating to distribution of
5784+ Sec. 21. Rule 8, Section 14, relating to distribution of
56565785 committee reports, shall read as follows:
56575786 Rule 8, Sec. 14. DELIVERY PRIOR TO
56585787 CONSIDERATION. (a) Each bill or resolution, except
56595788 the general appropriations bill, shall be delivered to
56605789 each member by making a copy of the bill or resolution
56615790 available in an electronic format for viewing by the
56625791 member and, when the electronic format copy of the
56635792 appropriate printing becomes available, by sending
56645793 notice of that fact to a Capitol e-mail address
56655794 designated by the member, at least 36 hours if convened
56665795 in regular session and 24 hours if convened in special
56675796 session before the bill can be considered by the house
56685797 on second reading. If a member informs the chief clerk
56695798 in writing that the member desires to receive paper
56705799 copies of bills and resolutions under this section in
56715800 addition to delivery in an electronic format, the
56725801 chief clerk shall place a paper copy of the bill or
56735802 resolution in the newspaper box of the member as soon
56745803 as practicable after the electronic copies of the bill
56755804 or resolution are made available for viewing.
56765805 (a-1) At [A printed copy of the general
56775806 appropriations bill shall be placed in the newspaper
56785807 mailbox of each member at] least 168 hours during a
56795808 regular session and at least 72 hours during a special
56805809 session before the general appropriations bill can be
56815810 considered by the house on second reading:
56825811 (1) a copy of the bill must be made
56835812 available to each member in an electronic format; and
56845813 (2) notice of availability of the
56855814 electronic format of the bill must be sent to the
56865815 Capitol e-mail address designated by each member under
56875816 Subsection (a) of this section.
56885817 (a-2) A printed copy of the general
56895818 appropriations bill shall be placed in the newspaper
56905819 mailbox of each member as soon as practicable after the
56915820 requirements of Subsection (a-1) of this section have
56925821 been met.
56935822 (b) By majority vote, the house may order both
56945823 the original bill or resolution and the complete
56955824 committee substitute to be printed. It shall not be
56965825 necessary for the house to order complete committee
56975826 substitutes printed in lieu of original bills.
56985827 (c) A two-thirds vote of the house is necessary
56995828 to order that bills, other than local bills, be not
57005829 printed. It shall not be necessary for the house to
57015830 order that local bills be not printed.
57025831 CHAPTER I. JOINT RESOLUTIONS
57035832 [RESERVED FOR EXPANSION]
57045833 CHAPTER J. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
57055834 [RESERVED FOR EXPANSION]
57065835 CHAPTER K. AMENDMENTS
5707- [RESERVED FOR EXPANSION]
5836+ Sec. 22. A new Rule 11, Section 6A, relating to the required
5837+ prefiling of certain amendments, shall read as follows:
5838+ Rule 11, Sec. 6A. FILING OF AMENDMENTS TO BILLS
5839+ ON THE EMERGENCY OR MAJOR STATE CALENDAR. The speaker
5840+ shall not recognize a member to offer an original
5841+ amendment to a bill on second reading that appears on
5842+ the emergency calendar or major state calendar unless
5843+ the amendment has been provided to the chief clerk, in
5844+ a manner determined by the chief clerk under the
5845+ direction of the Committee on House Administration,
5846+ and was available in the chief clerk's office at least
5847+ 12 hours prior to the time the calendar on which the
5848+ bill to be amended is eligible for consideration. This
5849+ section does not apply to an amendment that is subject
5850+ to Section 6(g) or (h) of this rule.
57085851 CHAPTER L. PRINTING
57095852 [RESERVED FOR EXPANSION]
57105853 CHAPTER M. INTERACTIONS WITH THE GOVERNOR AND SENATE
57115854 [RESERVED FOR EXPANSION]
57125855 CHAPTER N. GENERAL PROVISIONS
57135856 [RESERVED FOR EXPANSION]
5714- Hunter
5715- Hernandez
5716- Landgraf
5717- Moody
5718- ______________________________
5719- Speaker of the House
5720- I certify that H.R. No. 4 was adopted by the House on January
5721- 14, 2021, by the following vote: Yeas 141, Nays 0, 1 present, not
5722- voting.
5723- ______________________________
5724- Chief Clerk of the House