8 | 9 | | RULES OF |
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9 | 10 | | THE HOUSE OF REPRESENTATIVES |
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10 | 11 | | OF THE TEXAS LEGISLATURE |
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11 | 12 | | TABLE OF CONTENTS |
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12 | 13 | | RULE |
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13 | 14 | | 1. DUTIES AND RIGHTS OF THE SPEAKER 2 |
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14 | 15 | | 2. OFFICERS AND EMPLOYEES 11 |
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15 | 16 | | 3. STANDING COMMITTEES 24 |
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16 | 17 | | 4. ORGANIZATION, POWERS, AND DUTIES OF |
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17 | 18 | | COMMITTEES 54 |
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18 | 19 | | 5. FLOOR PROCEDURE 90 |
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19 | 20 | | 6. ORDER OF BUSINESS AND CALENDARS 113 |
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20 | 21 | | 7. MOTIONS 133 |
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21 | 22 | | 8. BILLS 149 |
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22 | 23 | | 9. JOINT RESOLUTIONS 165 |
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23 | 24 | | 10. HOUSE RESOLUTIONS AND CONCURRENT |
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24 | 25 | | RESOLUTIONS 167 |
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25 | 26 | | 11. AMENDMENTS 170 |
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26 | 27 | | 12. PRINTING 179 |
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27 | 28 | | 13. INTERACTIONS WITH THE GOVERNOR |
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28 | 29 | | AND SENATE 183 |
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29 | 30 | | 14. GENERAL PROVISIONS 196 |
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30 | 31 | | 15. APPROPRIATE WORKPLACE CONDUCT 198 |
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31 | 32 | | 16. SPECIAL RULE200 |
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32 | 33 | | STATEMENT OF AUTHORIZATION AND PRECEDENCE |
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33 | 34 | | Pursuant to and under the authority of Section 11, Article |
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34 | 35 | | III, Texas Constitution, and notwithstanding any provision of |
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35 | 36 | | statute, the House of Representatives adopts the following rules to |
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36 | 37 | | govern its operations and procedures. The provisions of these |
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37 | 38 | | rules shall be deemed the only requirements binding on the House of |
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38 | 39 | | Representatives under Section 11, Article III, Texas Constitution, |
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39 | 40 | | notwithstanding any other requirements expressed in statute. |
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40 | 41 | | RULE 1. DUTIES AND RIGHTS OF THE SPEAKER |
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41 | 42 | | CHAPTER A. DUTIES AS PRESIDING OFFICER |
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42 | 43 | | Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall |
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43 | 44 | | enforce, apply, and interpret the rules of the house in all |
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44 | 45 | | deliberations of the house and shall enforce the legislative rules |
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45 | 46 | | prescribed by the statutes and the Constitution of Texas. |
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46 | 47 | | Sec. 2. CALL TO ORDER. The speaker shall take the chair on |
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47 | 48 | | each calendar day precisely at the hour to which the house adjourned |
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48 | 49 | | or recessed at its last sitting and shall immediately call the |
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49 | 50 | | members to order. |
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50 | 51 | | Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker |
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51 | 52 | | shall lay before the house its business in the order indicated by |
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52 | 53 | | the rules and shall receive propositions made by members and put |
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53 | 54 | | them to the house. |
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54 | 55 | | Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All |
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55 | 56 | | proposed legislation shall be referred by the speaker to an |
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56 | 57 | | appropriate standing or select committee with jurisdiction, |
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57 | 58 | | subject to correction by a majority vote of the house. A bill or |
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58 | 59 | | resolution may not be referred simultaneously to more than one |
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59 | 60 | | committee. |
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60 | 61 | | Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker |
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61 | 62 | | shall preserve order and decorum. In case of disturbance or |
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62 | 63 | | disorderly conduct in the galleries or in the lobby, the speaker may |
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63 | 64 | | order that these areas be cleared. No signs, placards, or other |
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64 | 65 | | objects of similar nature shall be permitted in the rooms, lobby, |
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65 | 66 | | gallery, and hall of the house. The speaker shall see that the |
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66 | 67 | | members of the house conduct themselves in a civil manner in |
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67 | 68 | | accordance with accepted standards of parliamentary conduct and |
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68 | 69 | | may, when necessary, order the sergeant-at-arms to clear the aisles |
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69 | 70 | | and seat the members of the house so that business may be conducted |
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70 | 71 | | in an orderly manner. |
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71 | 72 | | Sec. 6. RECOGNITION OF GALLERY VISITORS. On written |
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72 | 73 | | request of a member, the speaker may recognize persons in the |
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73 | 74 | | gallery. The speaker shall afford that recognition at a convenient |
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74 | 75 | | place in the order of business, considering the need for order and |
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75 | 76 | | decorum and the need for continuity of debate. The request must be |
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76 | 77 | | made on a form prescribed by the Committee on House Administration. |
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77 | 78 | | The speaker may recognize, at a time he or she considers appropriate |
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78 | 79 | | during floor proceedings, the person serving as physician of the |
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79 | 80 | | day. |
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80 | 81 | | Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall |
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81 | 82 | | rise to put a question but may state it sitting. The question shall |
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82 | 83 | | be put substantially in this form: "The question occurs on |
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83 | 84 | | ______" (here state the question or proposition under |
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84 | 85 | | consideration). "All in favor say 'Aye,'" and after the affirmative |
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85 | 86 | | vote is expressed, "All opposed say 'No.'" If the speaker is in |
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86 | 87 | | doubt as to the result, or if a division is called for, the house |
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87 | 88 | | shall divide: those voting in the affirmative on the question |
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88 | 89 | | shall register "Aye" on the voting machine, and those voting in the |
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89 | 90 | | negative on the question shall register "No." The decision of the |
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90 | 91 | | house on the question shall be printed in the journal and shall |
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91 | 92 | | include the yeas and nays if a record of the yeas and nays is ordered |
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92 | 93 | | in accordance with the rules. |
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93 | 94 | | Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The |
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94 | 95 | | speaker shall have the same right as other members to vote. If the |
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95 | 96 | | speaker, or a member temporarily presiding, has not voted, he or she |
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96 | 97 | | may cast the deciding vote at the time such opportunity becomes |
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97 | 98 | | official, whether to make or break a tie. If a verification of the |
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98 | 99 | | vote is called for and granted, the decision of the speaker, or a |
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99 | 100 | | member temporarily presiding, to cast the deciding vote need not be |
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100 | 101 | | made until the verification has been completed. In case of error in |
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101 | 102 | | a vote, if the correction leaves decisive effect to the vote of the |
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102 | 103 | | speaker, or a member temporarily presiding, the deciding vote may |
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103 | 104 | | be cast even though the result has been announced. |
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104 | 105 | | Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide |
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105 | 106 | | on all questions of order; however, such decisions are subject to an |
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106 | 107 | | appeal to the house made by any 10 members. Pending an appeal, the |
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107 | 108 | | speaker shall call a member to the chair, who shall not have the |
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108 | 109 | | authority to entertain or decide any other matter or proposition |
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109 | 110 | | until the appeal has first been determined by the house. The |
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110 | 111 | | question on appeal is, "Shall the chair be sustained?" |
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111 | 112 | | (b) No member shall speak more than once on an appeal unless |
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112 | 113 | | given leave by a majority of the house. No motion shall be in order, |
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113 | 114 | | pending an appeal, except a motion to adjourn, a motion to lay on |
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114 | 115 | | the table, a motion for the previous question, or a motion for a |
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115 | 116 | | call of the house. Responses to parliamentary inquiries and |
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116 | 117 | | decisions of recognition made by the chair may not be appealed, |
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117 | 118 | | except as provided by Rule 5, Section 24. |
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118 | 119 | | (c) Further consideration of the matter or proposition that |
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119 | 120 | | is the subject of a question of order is prohibited until the |
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120 | 121 | | speaker decides the question of order and any appeal of that |
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121 | 122 | | decision has been determined by the house. Consideration of any |
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122 | 123 | | other matter or proposition is also prohibited while a question of |
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123 | 124 | | order is pending, unless the question of order is temporarily |
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124 | 125 | | withdrawn and the matter or proposition that is the subject of the |
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125 | 126 | | question of order is postponed. Withdrawal of the question of order |
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126 | 127 | | does not prevent any member from raising that question of order when |
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127 | 128 | | the matter or proposition is again before the house. |
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128 | 129 | | (d) A point of order raised as to a violation of a section of |
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129 | 130 | | the rules governing committee reports, committee minutes, or |
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130 | 131 | | accompanying documentation may be overruled if the purpose of that |
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131 | 132 | | section of the rules has been substantially fulfilled and the |
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132 | 133 | | violation does not deceive or mislead. |
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133 | 134 | | (e) When a question of order is pending before the house, |
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134 | 135 | | only the member who raised the question of order, and one other |
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135 | 136 | | member designated by that member, and the primary proponent of the |
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136 | 137 | | matter or proposition to which the question of order applies, and |
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137 | 138 | | one other member designated by the proponent, may present arguments |
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138 | 139 | | to the speaker or parliamentarian regarding the question of order. |
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139 | 140 | | This subsection does not limit any remarks that a member may make |
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140 | 141 | | before the full house if the member is recognized for that purpose. |
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141 | 142 | | Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY |
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142 | 143 | | CHAIR. The speaker shall have the right to name any member to |
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143 | 144 | | perform the duties of the chair related to presiding over the |
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144 | 145 | | deliberations of the house and may name a member to serve as speaker |
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145 | 146 | | pro tempore by delivering a written order to the chief clerk and a |
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146 | 147 | | copy to the journal clerk. A permanent speaker pro tempore shall, |
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147 | 148 | | in the absence or inability of the speaker, call the house to order |
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148 | 149 | | and perform all other duties of the chair in presiding over the |
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149 | 150 | | deliberations of the house and perform other duties and exercise |
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150 | 151 | | other responsibilities related to presiding over the deliberations |
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151 | 152 | | of the house as may be assigned in writing by the speaker. If the |
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152 | 153 | | house is not in session, and a permanent speaker pro tempore has not |
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153 | 154 | | been named, or if the speaker pro tempore is not available or for |
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154 | 155 | | any reason is not able to function, the speaker may deliver a |
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155 | 156 | | written order to the chief clerk, with a copy to the journal clerk, |
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156 | 157 | | naming the member who shall call the house to order and preside |
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157 | 158 | | during the speaker's absence. The speaker pro tempore shall serve |
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158 | 159 | | at the pleasure of the speaker. In the event of a vacancy in the |
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159 | 160 | | office of speaker, the speaker pro tempore does not assume the |
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160 | 161 | | office of speaker. The authority of the speaker pro tempore to |
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161 | 162 | | perform the duties and exercise the responsibilities of the speaker |
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162 | 163 | | is limited as provided by this section. |
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163 | 164 | | Sec. 11. EMERGENCY ADJOURNMENT. In the event of an |
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164 | 165 | | emergency of such compelling nature that the speaker must adjourn |
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165 | 166 | | the house without fixing a date and hour of reconvening, the speaker |
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166 | 167 | | shall have authority to determine the date and hour of reconvening |
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167 | 168 | | and to notify the members of the house by any means the speaker |
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168 | 169 | | considers adequate. Should the speaker be disabled or otherwise |
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169 | 170 | | unable to exercise these emergency powers, the permanent speaker |
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170 | 171 | | pro tempore, if one has been named, shall have authority to act. If |
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171 | 172 | | there is no permanent speaker pro tempore, or if that officer is |
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172 | 173 | | unable to act, authority shall be exercised by the chair of the |
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173 | 174 | | Committee on State Affairs, who shall preside until the house can |
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174 | 175 | | proceed to the selection of a temporary presiding officer to |
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175 | 176 | | function until the speaker or the speaker pro tempore is again able |
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176 | 177 | | to exercise the duties and responsibilities of the office. |
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177 | 178 | | Sec. 12. POSTPONEMENT OF RECONVENING. When the house is |
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178 | 179 | | not in session, if the speaker determines that it would be a hazard |
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179 | 180 | | to the safety of the members, officers, employees, and others |
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180 | 181 | | attending the legislature to reconvene at the time determined by |
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181 | 182 | | the house at its last sitting, the speaker may clear the area of the |
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182 | 183 | | capitol under the control of the house and postpone the reconvening |
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183 | 184 | | of the house for a period of not more than 12 hours. On making that |
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184 | 185 | | determination, the speaker shall order the sergeant-at-arms to post |
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185 | 186 | | an assistant at each first floor entrance to the capitol and other |
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186 | 187 | | places and advise all persons entering of the determination and the |
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187 | 188 | | time set for the house to reconvene. The speaker shall also notify |
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188 | 189 | | the journal clerk and the news media of the action, and the action |
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189 | 190 | | shall be entered in the house journal. |
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190 | 191 | | Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint |
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191 | 192 | | resolutions, and concurrent resolutions shall be signed by the |
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192 | 193 | | speaker in the presence of the house, as required by the |
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193 | 194 | | constitution; and all writs, warrants, and subpoenas issued by |
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194 | 195 | | order of the house shall be signed by the speaker and attested by |
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195 | 196 | | the chief clerk, or the person acting as chief clerk. |
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196 | 197 | | CHAPTER B. ADMINISTRATIVE DUTIES |
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197 | 198 | | Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall |
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198 | 199 | | have general control, except as otherwise provided by law, of the |
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199 | 200 | | hall of the house, its lobbies, galleries, corridors, and passages, |
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200 | 201 | | and other rooms in those parts of the capitol assigned to the use of |
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201 | 202 | | the house; except that the hall of the house shall not be used for |
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202 | 203 | | any meeting other than legislative meetings during any regular or |
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203 | 204 | | special session of the legislature unless specifically authorized |
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204 | 205 | | by resolution. |
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205 | 206 | | Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The |
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206 | 207 | | speaker shall designate the chair and vice-chair of each standing |
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207 | 208 | | substantive committee and shall also appoint membership of the |
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208 | 209 | | committee, subject to the provisions of Rule 4, Section 2. |
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209 | 210 | | (b) If members of equal seniority request the same |
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210 | 211 | | committee, the speaker shall decide which among them shall be |
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211 | 212 | | assigned to that committee. |
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212 | 213 | | (c) In announcing the membership of the standing |
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213 | 214 | | substantive committees, the speaker shall designate which are |
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214 | 215 | | appointees and which acquire membership by seniority. |
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215 | 216 | | (d) The speaker shall appoint the chair and vice-chair of |
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216 | 217 | | each standing procedural committee and the remaining membership of |
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217 | 218 | | the committee. |
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218 | 219 | | (e) If a new speaker is elected to fill a vacancy in the |
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219 | 220 | | office after the appointment of standing committees, the new |
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220 | 221 | | speaker may not alter the composition of any standing committee |
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221 | 222 | | before the end of the session, except that the new speaker may: |
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222 | 223 | | (1) vacate the new speaker's membership on any |
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223 | 224 | | committee; |
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224 | 225 | | (2) make committee appointments for the member who was |
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225 | 226 | | removed as speaker; |
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226 | 227 | | (3) designate a different member of a standing |
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227 | 228 | | committee as committee chair; and |
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228 | 229 | | (4) fill vacancies that occur on a committee. |
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229 | 230 | | Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE |
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230 | 231 | | COMMITTEES. (a) The speaker shall appoint all conference |
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231 | 232 | | committees. The speaker shall name the chair of each conference |
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232 | 233 | | committee, and may also name the vice-chair thereof. |
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233 | 234 | | (b) The speaker may at any time by proclamation create a |
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234 | 235 | | select committee. The speaker shall name the chair and vice-chair |
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235 | 236 | | thereof. A select committee has the jurisdiction, authority, and |
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236 | 237 | | duties and exists for the period of time specified in the |
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237 | 238 | | proclamation. A select committee has the powers granted by these |
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238 | 239 | | rules to a standing committee except as limited by the |
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239 | 240 | | proclamation. A copy of each proclamation creating a select |
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240 | 241 | | committee shall be filed with the chief clerk. |
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241 | 242 | | Sec. 17. INTERIM STUDIES. When the legislature is not in |
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242 | 243 | | session, the speaker shall have the authority to direct committees |
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243 | 244 | | to make interim studies for such purposes as the speaker may |
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244 | 245 | | designate, and the committees shall meet as often as necessary to |
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245 | 246 | | transact effectively the business assigned to them. The speaker |
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246 | 247 | | shall provide to the chief clerk a copy of interim charges made to a |
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247 | 248 | | standing or select committee. |
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248 | 249 | | CHAPTER C. CAMPAIGNS FOR SPEAKER |
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249 | 250 | | Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR |
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250 | 251 | | SESSION. During a regular session of the legislature a member may |
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251 | 252 | | not solicit written pledges from other members for their support of |
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252 | 253 | | or promise to vote for any person for the office of speaker. |
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253 | 254 | | RULE 2. OFFICERS AND EMPLOYEES |
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254 | 255 | | CHAPTER A. DUTIES OF OFFICERS OF THE HOUSE |
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255 | 256 | | Sec. 1. CHIEF CLERK. (a) The chief clerk shall: |
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256 | 257 | | (1) be the custodian of all bills, resolutions, and |
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257 | 258 | | amendments; |
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258 | 259 | | (2) number in the order of their filing, with a |
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259 | 260 | | separate sequence for each category, all bills, joint resolutions, |
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260 | 261 | | concurrent resolutions, and house resolutions; |
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261 | 262 | | (3) provide for the keeping of a complete record of |
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262 | 263 | | introduction and action on all bills and resolutions, including the |
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263 | 264 | | number, author, brief description of the subject matter, committee |
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264 | 265 | | reference, and the time sequence of action taken on all bills and |
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265 | 266 | | resolutions to reflect at all times their status in the legislative |
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266 | 267 | | process; |
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267 | 268 | | (4) on the day of numbering a bill relating to a |
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268 | 269 | | conservation and reclamation district created under Article XVI, |
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269 | 270 | | Section 59, of the Texas Constitution, send two copies of the bill, |
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270 | 271 | | with two copies of the notice of intention to introduce the bill, to |
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271 | 272 | | the governor and notify the journal clerk of the action; |
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272 | 273 | | (5) receive the recommendations of the Texas |
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273 | 274 | | Commission on Environmental Quality on a bill forwarded to the |
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274 | 275 | | commission under Article XVI, Section 59, of the Texas |
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275 | 276 | | Constitution, attach them to the bill to which they apply, and |
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276 | 277 | | notify the journal clerk that the recommendations have been filed; |
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277 | 278 | | (6) forward to a committee chair in an electronic or |
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278 | 279 | | other format determined by the chief clerk a certified copy of each |
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279 | 280 | | legislative document referred to the committee, including all |
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280 | 281 | | official attachments to the document; |
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281 | 282 | | (7) have printed and distributed correct copies of all |
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282 | 283 | | legislative documents, as provided in the subchapter on printing, |
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283 | 284 | | and keep an exact record of the date and hour of transmittal to the |
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284 | 285 | | printer, return from the printer, and distribution of the document |
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285 | 286 | | to members of the house with that information time-stamped on the |
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286 | 287 | | originals of the document; |
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287 | 288 | | (8) certify the passage of bills and resolutions, |
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288 | 289 | | noting on them the date of passage and the vote by which passed, |
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289 | 290 | | including the yeas and nays if a record of the yeas and nays is |
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290 | 291 | | ordered; |
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291 | 292 | | (9) be responsible for engrossing all house bills and |
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292 | 293 | | resolutions that have passed second reading and those that have |
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293 | 294 | | passed third reading, and for enrolling all house bills and |
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294 | 295 | | resolutions that have passed both houses. |
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295 | 296 | | All engrossed and enrolled documents shall be prepared |
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296 | 297 | | without erasures, interlineations, or additions in the margin. |
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297 | 298 | | House concurrent resolutions passed without amendment |
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298 | 299 | | shall not be engrossed but shall be certified and forwarded |
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299 | 300 | | directly to the senate. |
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300 | 301 | | Engrossed riders may be used in lieu of full engrossment |
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301 | 302 | | on second reading passage; |
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302 | 303 | | (10) be authorized to amend the caption to conform to |
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303 | 304 | | the body of each house bill and joint resolution ordered engrossed |
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304 | 305 | | or enrolled; |
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305 | 306 | | (11) be responsible for noting on each house bill or |
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306 | 307 | | joint resolution, for certification by the speaker of the house, |
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307 | 308 | | the lieutenant governor, the chief clerk of the house, and the |
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308 | 309 | | secretary of the senate, the following information: |
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309 | 310 | | (A) date of final passage, and the vote on final |
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310 | 311 | | passage, including the yeas and nays if a record of the yeas and |
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311 | 312 | | nays is ordered. If the bill was amended in the senate, this fact |
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312 | 313 | | shall also be noted; |
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313 | 314 | | (B) date of concurrence by the house in senate |
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314 | 315 | | amendments, and the vote on concurrence, including the yeas and |
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315 | 316 | | nays if a record of the yeas and nays is ordered; |
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316 | 317 | | (C) date of adoption by each house of a |
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317 | 318 | | conference committee report and the vote on adoption, including the |
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318 | 319 | | yeas and nays if a record of the yeas and nays is ordered; |
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319 | 320 | | (D) that a bill containing an appropriation was |
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320 | 321 | | passed subject to the provisions of Article III, Section 49a, of the |
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321 | 322 | | Texas Constitution; and |
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322 | 323 | | (E) that a concurrent resolution was adopted by |
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323 | 324 | | both houses directing the correction of an enrolled bill, if |
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324 | 325 | | applicable; |
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325 | 326 | | (12) transmit over signature all messages from the |
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326 | 327 | | house to the senate, including typewritten copies of amendments to |
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327 | 328 | | senate bills; |
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328 | 329 | | (13) prepare copies of senate amendments to house |
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329 | 330 | | bills for the journal before the amendments and the bill or |
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330 | 331 | | resolution to which they relate are sent to the printer or to the |
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331 | 332 | | speaker; |
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332 | 333 | | (14) notify the speaker in writing that the senate did |
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333 | 334 | | not concur in house amendments to a bill or resolution and requests |
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334 | 335 | | a conference committee, and include in this notice the names of the |
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335 | 336 | | senate conferees; |
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336 | 337 | | (15) provide a certified copy of a house bill or |
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337 | 338 | | resolution which may be lost showing each parliamentary step taken |
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338 | 339 | | on the bill; and |
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339 | 340 | | (16) request fiscal notes on house bills and joint |
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340 | 341 | | resolutions with senate amendments and distribute fiscal notes on |
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341 | 342 | | house bills and joint resolutions with senate amendments and |
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342 | 343 | | conference committee reports as required by Rule 13, Sections 5 and |
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343 | 344 | | 10. |
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344 | 345 | | (b) The chief clerk shall also: |
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345 | 346 | | (1) attest all writs, warrants and subpoenas issued by |
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346 | 347 | | order of the house; |
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347 | 348 | | (2) receive reports of select committees and forward |
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348 | 349 | | copies to the speaker and journal clerk; |
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349 | 350 | | (3) not later than 30 days after the close of each |
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350 | 351 | | session, acquire from each of the various clerks of the house, |
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351 | 352 | | except the journal clerk, all reports, records, bills, papers, and |
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352 | 353 | | other documents remaining in their possession and file them with |
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353 | 354 | | the Legislative Reference Library, unless otherwise provided by |
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354 | 355 | | law; |
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355 | 356 | | (4) receive and file all other documents required by |
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356 | 357 | | law or by the rules of the house; |
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357 | 358 | | (5) prepare a roster of members in order of seniority |
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358 | 359 | | showing the number of years of service of each member, as provided |
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359 | 360 | | in Rule 4, Section 2; and |
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360 | 361 | | (6) have posted the list of Items Eligible for |
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361 | 362 | | Consideration as required by the rules. |
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362 | 363 | | (c) The chief clerk shall also provide for the following to |
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363 | 364 | | be made available on the electronic legislative information system: |
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364 | 365 | | (1) all house calendars and lists of items eligible |
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365 | 366 | | for consideration and the time-stamp information for those |
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366 | 367 | | calendars and lists; and |
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367 | 368 | | (2) the time-stamp information for all official |
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368 | 369 | | printings of bills and resolutions. |
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369 | 370 | | (d) The chief clerk shall provide notice to a Capitol e-mail |
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370 | 371 | | address designated by each member when a new house calendar or list |
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371 | 372 | | of items eligible for consideration is posted on the electronic |
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372 | 373 | | legislative information system. If a member informs the chief |
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373 | 374 | | clerk that the member also desires to receive a paper copy of house |
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374 | 375 | | calendars or lists of items eligible for consideration, the chief |
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375 | 376 | | clerk shall place paper copies of those documents designated by the |
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376 | 377 | | member in the newspaper box of the member as soon as practicable |
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377 | 378 | | after the electronic copies are posted. |
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378 | 379 | | Sec. 2. JOURNAL CLERK. (a) The journal clerk shall: |
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379 | 380 | | (1) keep a journal of the proceedings of the house, |
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380 | 381 | | except when the house is acting as a committee of the whole, and |
---|
381 | 382 | | enter the following: |
---|
382 | 383 | | (A) the number, author, and caption of every bill |
---|
383 | 384 | | introduced; |
---|
384 | 385 | | (B) descriptions of all congratulatory and |
---|
385 | 386 | | memorial resolutions on committee report, motions, amendments, |
---|
386 | 387 | | questions of order and decisions on them, messages from the |
---|
387 | 388 | | governor, and messages from the senate; |
---|
388 | 389 | | (C) the summaries of congratulatory and memorial |
---|
389 | 390 | | resolutions, as printed on the congratulatory and memorial |
---|
390 | 391 | | calendar; |
---|
391 | 392 | | (D) the number of each bill, joint resolution, |
---|
392 | 393 | | and concurrent resolution signed in the presence of the house; |
---|
393 | 394 | | (E) a listing of reports made by standing |
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394 | 395 | | committees; |
---|
395 | 396 | | (F) reports of select committees, when ordered by |
---|
396 | 397 | | the house; |
---|
397 | 398 | | (G) every vote where a record of the yeas and nays |
---|
398 | 399 | | is ordered or registration of the house with a concise statement of |
---|
399 | 400 | | the action and the result; |
---|
400 | 401 | | (H) the names of all absentees, both excused and |
---|
401 | 402 | | not excused; |
---|
402 | 403 | | (I) senate amendments to house bills or |
---|
403 | 404 | | resolutions, when concurred in by the house; |
---|
404 | 405 | | (J) the date each bill is transmitted to the |
---|
405 | 406 | | governor; |
---|
406 | 407 | | (K) the date recommendations of the Texas |
---|
407 | 408 | | Commission on Environmental Quality on each bill subject to Article |
---|
408 | 409 | | XVI, Section 59, of the Texas Constitution, are filed with the chief |
---|
409 | 410 | | clerk; |
---|
410 | 411 | | (L) all pairs as a part of a vote where a record |
---|
411 | 412 | | of the yeas and nays is ordered; |
---|
412 | 413 | | (M) reasons for a vote; |
---|
413 | 414 | | (N) the vote of a member on any question where a |
---|
414 | 415 | | record of the yeas and nays has not been ordered; |
---|
415 | 416 | | (O) the statement of a member who was absent when |
---|
416 | 417 | | a vote was taken indicating how the member would have voted; |
---|
417 | 418 | | (P) official state documents, reports, and other |
---|
418 | 419 | | matters, when ordered by the house; and |
---|
419 | 420 | | (Q) the written copy of the speaker's ruling on a |
---|
420 | 421 | | point of order, which includes the citation of the authorities |
---|
421 | 422 | | relied upon in the grounds for decision, as provided in Section |
---|
422 | 423 | | 9(b-1) of this rule; |
---|
423 | 424 | | (2) prepare a daily journal for each calendar day that |
---|
424 | 425 | | the house is in session and distribute on the succeeding calendar |
---|
425 | 426 | | day or the earliest possible date copies to the members of the house |
---|
426 | 427 | | who have submitted requests to the journal clerk to receive a copy; |
---|
427 | 428 | | and |
---|
428 | 429 | | (3) prepare and have printed a permanent house journal |
---|
429 | 430 | | of regular and special sessions in accordance with the law and the |
---|
430 | 431 | | following provisions: |
---|
431 | 432 | | (A) When completed, no more than 300 copies shall |
---|
432 | 433 | | be bound and distributed as follows: |
---|
433 | 434 | | (i) one copy to each member of the house of |
---|
434 | 435 | | representatives who submitted a request to the journal clerk to |
---|
435 | 436 | | receive a copy; |
---|
436 | 437 | | (ii) one copy to each member of the senate |
---|
437 | 438 | | who submitted a request to the journal clerk to receive a copy; and |
---|
438 | 439 | | (iii) the remainder of the copies to be |
---|
439 | 440 | | distributed by the Committee on House Administration. |
---|
440 | 441 | | (B) The journal clerk shall not receive or |
---|
441 | 442 | | receipt for the permanent house journal until it has been correctly |
---|
442 | 443 | | published. |
---|
443 | 444 | | (b) The journal clerk shall lock the voting machine of each |
---|
444 | 445 | | member who is excused or who is otherwise known to be absent when |
---|
445 | 446 | | the house is in session until the member personally requests that |
---|
446 | 447 | | the machine be unlocked. |
---|
447 | 448 | | (c) The journal clerk shall determine and enter in the |
---|
448 | 449 | | journal the clock of record for the house and that clock may not be |
---|
449 | 450 | | delayed, set back, or otherwise tampered with to deviate from the |
---|
450 | 451 | | standard time, as provided by statute, for the place where the house |
---|
451 | 452 | | is meeting. The journal clerk shall enter in the journal the time |
---|
452 | 453 | | according to the clock of record when the house convenes, recesses, |
---|
453 | 454 | | and adjourns. A motion to suspend this rule must be decided by a |
---|
454 | 455 | | record vote. |
---|
455 | 456 | | Sec. 3. READING CLERKS. The reading clerks, under the |
---|
456 | 457 | | supervision of the speaker, shall: |
---|
457 | 458 | | (1) call the roll of the house in alphabetical order |
---|
458 | 459 | | when ordered to do so by the speaker; and |
---|
459 | 460 | | (2) read all bills, resolutions, motions, and other |
---|
460 | 461 | | matters required by the rules or directed by the speaker. |
---|
461 | 462 | | Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall: |
---|
462 | 463 | | (1) under the direction of the speaker, have charge of |
---|
463 | 464 | | and maintain order in the hall of the house, its lobbies and |
---|
464 | 465 | | galleries, and all other rooms in the capitol assigned for the use |
---|
465 | 466 | | of the house of representatives; |
---|
466 | 467 | | (2) attend the house and the committee of the whole |
---|
467 | 468 | | during all meetings and maintain order under the direction of the |
---|
468 | 469 | | speaker or other presiding officer; |
---|
469 | 470 | | (3) execute the commands of the house and serve the |
---|
470 | 471 | | writs and processes issued by the authority of the house and |
---|
471 | 472 | | directed by the speaker; |
---|
472 | 473 | | (4) supervise assistants to the sergeant-at-arms who |
---|
473 | 474 | | shall aid in the performance of prescribed duties and have the same |
---|
474 | 475 | | authority, subject to the control of the speaker; |
---|
475 | 476 | | (5) clear the floor of the house of all persons not |
---|
476 | 477 | | entitled to the privileges of the floor at least 30 minutes prior to |
---|
477 | 478 | | the convening of each session of the house; |
---|
478 | 479 | | (6) bring in absent members when so directed under a |
---|
479 | 480 | | call of the house; |
---|
480 | 481 | | (7) not allow the distribution of any printed matter |
---|
481 | 482 | | in the hall of the house, other than newspapers that have been |
---|
482 | 483 | | published at least once a week for a period of one year, unless it |
---|
483 | 484 | | first has been authorized in writing by at least one member of the |
---|
484 | 485 | | house and the name of the member appears on the printed matter. The |
---|
485 | 486 | | sergeant-at-arms shall refuse to accept for distribution any |
---|
486 | 487 | | printed matter which does not bear the name of the member or members |
---|
487 | 488 | | authorizing the distribution; |
---|
488 | 489 | | (8) keep a copy of written authorization and a record |
---|
489 | 490 | | of the matter distributed in the permanent files of the house; |
---|
490 | 491 | | (9) enforce parking regulations applicable to areas of |
---|
491 | 492 | | the capitol complex under the control of the house and supervise |
---|
492 | 493 | | parking attendants; |
---|
493 | 494 | | (10) provide for issuance of an identification card to |
---|
494 | 495 | | each member and employee of the house; and |
---|
495 | 496 | | (11) supervise the doorkeeper. |
---|
496 | 497 | | Sec. 5. DOORKEEPER. The doorkeeper, under the supervision |
---|
497 | 498 | | of the sergeant-at-arms, shall: |
---|
498 | 499 | | (1) enforce strictly the rules of the house relating |
---|
499 | 500 | | to privileges of the floor and perform other duties as directed by |
---|
500 | 501 | | the speaker; |
---|
501 | 502 | | (2) close the main entrance and permit no member to |
---|
502 | 503 | | leave the house without written permission from the speaker when a |
---|
503 | 504 | | call of the house or a call of the committee of the whole is ordered, |
---|
504 | 505 | | take up permission cards as members leave the hall, and take up |
---|
505 | 506 | | permission cards of those who are admitted to the floor of the house |
---|
506 | 507 | | under the rules and practice of the house; |
---|
507 | 508 | | (3) obtain recognition from the speaker and announce a |
---|
508 | 509 | | messenger from the governor or the senate on arrival at the bar of |
---|
509 | 510 | | the house; and |
---|
510 | 511 | | (4) obtain recognition from the speaker and announce |
---|
511 | 512 | | the arrival of the governor or the senate on arrival at the bar of |
---|
512 | 513 | | the house for official proceedings in the house. |
---|
513 | 514 | | Sec. 6. CHAPLAIN. The chaplain shall open the first |
---|
514 | 515 | | session on each calendar day with a prayer and shall perform such |
---|
515 | 516 | | other duties as directed by the Committee on House Administration. |
---|
516 | 517 | | Sec. 7. VOTING CLERK. The voting clerk, under the |
---|
517 | 518 | | supervision of the speaker, shall: |
---|
518 | 519 | | (1) open and close the voting machine on registrations |
---|
519 | 520 | | and record votes as ordered by the speaker; |
---|
520 | 521 | | (2) record votes from the floor as directed by the |
---|
521 | 522 | | speaker; |
---|
522 | 523 | | (3) prepare official copies of all record votes for |
---|
523 | 524 | | the journal; and |
---|
524 | 525 | | (4) make no additions, subtractions, or other changes |
---|
525 | 526 | | in any registration or record vote unless specifically granted |
---|
526 | 527 | | permission by the house or directed by the speaker prior to the |
---|
527 | 528 | | announcement of the final result. |
---|
528 | 529 | | Sec. 8. COMMITTEE COORDINATOR. (a) The committee |
---|
529 | 530 | | coordinator shall: |
---|
530 | 531 | | (1) under the direction of the Committee on House |
---|
531 | 532 | | Administration, prepare a schedule for regular meetings of all |
---|
532 | 533 | | standing committees as provided by Rule 4, Section 8(a); |
---|
533 | 534 | | (2) post committee meeting notices, as directed by the |
---|
534 | 535 | | chair of a committee, in accordance with Rule 4, Section 11(a); |
---|
535 | 536 | | (3) maintain duplicate originals of committee minutes |
---|
536 | 537 | | as required by Rule 4, Sections 18(c) and (d); |
---|
537 | 538 | | (4) direct the maintenance of sworn statements either |
---|
538 | 539 | | in electronic or paper format and, under the direction of the |
---|
539 | 540 | | Committee on House Administration, prescribe the form of those |
---|
540 | 541 | | statements, as required by Rule 4, Sections 20(a) and (c); |
---|
541 | 542 | | (5) receive and forward impact statements as required |
---|
542 | 543 | | by Rule 4, Section 34(e); |
---|
543 | 544 | | (6) receive committee reports as required by Rule 4, |
---|
544 | 545 | | Section 37, and refer them for printing as provided by Rule 6, |
---|
545 | 546 | | Section 19; and |
---|
546 | 547 | | (7) receive and distribute the recommendations and |
---|
547 | 548 | | final reports of interim study committees as provided by Rule 4, |
---|
548 | 549 | | Section 61. |
---|
549 | 550 | | (b) The committee coordinator may exclude from the |
---|
550 | 551 | | committee coordinator's office or refuse to interact with a member |
---|
551 | 552 | | or a member's staff if the member or member's staff engages in |
---|
552 | 553 | | abusive, harassing, or threatening behavior. |
---|
553 | 554 | | Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not |
---|
554 | 555 | | more than two individuals to serve as parliamentarians. The |
---|
555 | 556 | | parliamentarians are officers of the house who serve at the |
---|
556 | 557 | | pleasure of the speaker. The parliamentarians shall advise and |
---|
557 | 558 | | assist the presiding officer and the members of the house on matters |
---|
558 | 559 | | of procedure. The parliamentarians have a duty of confidentiality |
---|
559 | 560 | | to the speaker and to each member of the house and shall keep |
---|
560 | 561 | | confidential all requests made by members of the house for advice or |
---|
561 | 562 | | guidance regarding procedure unless the parties otherwise agree. |
---|
562 | 563 | | (b) After the initial appointment of the parliamentarians |
---|
563 | 564 | | by the speaker, the appointment of a new parliamentarian to fill a |
---|
564 | 565 | | vacancy must be approved by a majority of the membership of the |
---|
565 | 566 | | house if the appointment is made during a regular or special |
---|
566 | 567 | | session. If the appointment to fill the vacancy is made when the |
---|
567 | 568 | | house is not in session, the appointment must be approved by a |
---|
568 | 569 | | majority of the membership not later than the third day of the first |
---|
569 | 570 | | special session that occurs after the date the appointment is made. |
---|
570 | 571 | | If no special session occurs after the appointment, approval by the |
---|
571 | 572 | | membership is not required. |
---|
572 | 573 | | (b-1) The speaker shall instruct the parliamentarians to |
---|
573 | 574 | | provide to each member a written copy of the speaker's ruling on a |
---|
574 | 575 | | point of order, including the citation of the authorities relied |
---|
575 | 576 | | upon in the grounds for decision. The written ruling shall be |
---|
576 | 577 | | provided to each member through the electronic legislative |
---|
577 | 578 | | information system not later than 24 hours after the ruling is |
---|
578 | 579 | | announced in the house. |
---|
579 | 580 | | (c) In the event of a conflict between this section and the |
---|
580 | 581 | | housekeeping resolution, this section controls. |
---|
581 | 582 | | CHAPTER B. OTHER EMPLOYEES |
---|
582 | 583 | | Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY. |
---|
583 | 584 | | (a) Communications between an attorney employed by the Texas |
---|
584 | 585 | | Legislative Council and the speaker, another member of the house, |
---|
585 | 586 | | or an employee of a member or committee of the house are |
---|
586 | 587 | | confidential in accordance with the rules and laws concerning |
---|
587 | 588 | | attorney-client privilege. |
---|
588 | 589 | | (b) Communications between any employee of the Texas |
---|
589 | 590 | | Legislative Council and the speaker, another member of the house, |
---|
590 | 591 | | or an employee of a member or committee of the house are |
---|
591 | 592 | | confidential. The General Investigating Committee of the House may |
---|
592 | 593 | | investigate an alleged violation of this subsection. |
---|
593 | 594 | | (c) This section does not prohibit the speaker, member, or |
---|
594 | 595 | | committee from waiving a privilege as otherwise permitted by law or |
---|
595 | 596 | | from waiving confidentiality under this section. |
---|
596 | 597 | | RULE 3. STANDING COMMITTEES |
---|
597 | 598 | | Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall |
---|
598 | 599 | | have nine members, with jurisdiction over all matters pertaining |
---|
599 | 600 | | to: |
---|
600 | 601 | | (1) agriculture, horticulture, and farm husbandry; |
---|
601 | 602 | | (2) livestock and stock raising, and the livestock |
---|
602 | 603 | | industry; |
---|
603 | 604 | | (3) the development and preservation of forests, and |
---|
604 | 605 | | the regulation, control, and promotion of the lumber industry; |
---|
605 | 606 | | (4) problems and issues particularly affecting rural |
---|
606 | 607 | | areas of the state, including issues related to rural economic |
---|
607 | 608 | | development and the provision of and access to infrastructure, |
---|
608 | 609 | | education, and health services; and |
---|
609 | 610 | | (5) the following state agencies: the Department of |
---|
610 | 611 | | Agriculture, the Texas Animal Health Commission, the State Soil and |
---|
611 | 612 | | Water Conservation Board, the Texas A&M Forest Service, the Texas |
---|
612 | 613 | | administrator for the South Central Interstate Forest Fire |
---|
613 | 614 | | Protection Compact, the Texas Apiary Inspection Service, Texas A&M |
---|
614 | 615 | | AgriLife Research, the Texas A&M AgriLife Extension Service, the |
---|
615 | 616 | | Food and Fibers Research Council, the State Seed and Plant Board, |
---|
616 | 617 | | the State Board of Veterinary Medical Examiners, the Texas A&M |
---|
617 | 618 | | Veterinary Medical Diagnostic Laboratory, the Produce Recovery |
---|
618 | 619 | | Fund Board, the board of directors of the Texas Boll Weevil |
---|
619 | 620 | | Eradication Foundation, Inc., and the Texas Wildlife Services. |
---|
620 | 621 | | Sec. 2. APPROPRIATIONS. (a) The committee shall have 27 |
---|
621 | 622 | | members, with jurisdiction over: |
---|
622 | 623 | | (1) all bills and resolutions appropriating money from |
---|
623 | 624 | | the state treasury; |
---|
624 | 625 | | (2) all bills and resolutions containing provisions |
---|
625 | 626 | | resulting in automatic allocation of funds from the state treasury; |
---|
626 | 627 | | (3) all bills and resolutions diverting funds from the |
---|
627 | 628 | | state treasury or preventing funds from going in that otherwise |
---|
628 | 629 | | would be placed in the state treasury; and |
---|
629 | 630 | | (4) all matters pertaining to claims and accounts |
---|
630 | 631 | | filed with the legislature against the state unless jurisdiction |
---|
631 | 632 | | over those bills and resolutions is specifically granted by these |
---|
632 | 633 | | rules to some other standing committee. |
---|
633 | 634 | | (b) The appropriations committee may comment upon any bill |
---|
634 | 635 | | or resolution containing a provision resulting in an automatic |
---|
635 | 636 | | allocation of funds. |
---|
636 | 637 | | Sec. 3. BUSINESS AND INDUSTRY. The committee shall have |
---|
637 | 638 | | nine members, with jurisdiction over all matters pertaining to: |
---|
638 | 639 | | (1) industry and manufacturing; |
---|
639 | 640 | | (2) industrial safety and adequate and safe working |
---|
640 | 641 | | conditions, and the regulation and control of those conditions; |
---|
641 | 642 | | (3) hours, wages, collective bargaining, and the |
---|
642 | 643 | | relationship between employers and employees; |
---|
643 | 644 | | (4) unemployment compensation, including coverage, |
---|
644 | 645 | | benefits, taxes, and eligibility; |
---|
645 | 646 | | (5) labor unions and their organization, control, |
---|
646 | 647 | | management, and administration; |
---|
647 | 648 | | (6) the regulation of business transactions and |
---|
648 | 649 | | transactions involving property interests; |
---|
649 | 650 | | (7) the organization, incorporation, management, and |
---|
650 | 651 | | regulation of private corporations and professional associations |
---|
651 | 652 | | and the Uniform Commercial Code and the Business Organizations |
---|
652 | 653 | | Code; |
---|
653 | 654 | | (8) the protection of consumers, governmental |
---|
654 | 655 | | regulations incident thereto, the agencies of government |
---|
655 | 656 | | authorized to regulate such activities, and the role of the |
---|
656 | 657 | | government in consumer protection; |
---|
657 | 658 | | (9) privacy and identity theft; |
---|
658 | 659 | | (10) homeowners' associations; |
---|
659 | 660 | | (11) oversight and regulation of the construction |
---|
660 | 661 | | industry; and |
---|
661 | 662 | | (12) the following state agencies: the State Office of |
---|
662 | 663 | | Risk Management, the Risk Management Board, the Division of |
---|
663 | 664 | | Workers' Compensation of the Texas Department of Insurance, the |
---|
664 | 665 | | Workers' compensation research and evaluation group in the Texas |
---|
665 | 666 | | Department of Insurance, the Office of Injured Employee Counsel, |
---|
666 | 667 | | including the ombudsman program of that office, and the Texas |
---|
667 | 668 | | Mutual Insurance Company Board of Directors. |
---|
668 | 669 | | Sec. 4. CALENDARS (PROCEDURAL). The committee shall have |
---|
669 | 670 | | 11 members, with jurisdiction over: |
---|
670 | 671 | | (1) the placement of bills and resolutions on |
---|
671 | 672 | | appropriate calendars, except those within the jurisdiction of the |
---|
672 | 673 | | Committee on Resolutions Calendars; |
---|
673 | 674 | | (2) the determination of priorities and proposal of |
---|
674 | 675 | | rules for floor consideration of such bills and resolutions; and |
---|
675 | 676 | | (3) all other matters concerning the calendar system |
---|
676 | 677 | | and the expediting of the business of the house as may be assigned |
---|
677 | 678 | | by the speaker. |
---|
678 | 679 | | Sec. 5. CORRECTIONS. The committee shall have nine |
---|
679 | 680 | | members, with jurisdiction over all matters pertaining to: |
---|
680 | 681 | | (1) the incarceration and rehabilitation of convicted |
---|
681 | 682 | | felons; |
---|
682 | 683 | | (2) the establishment and maintenance of programs that |
---|
683 | 684 | | provide alternatives to incarceration; and |
---|
684 | 685 | | (3) the following state agencies: the Texas |
---|
685 | 686 | | Department of Criminal Justice, the Special Prosecution Unit, the |
---|
686 | 687 | | Board of Pardons and Paroles, the Texas Civil Commitment Office, |
---|
687 | 688 | | and the Texas Correctional Office on Offenders with Medical or |
---|
688 | 689 | | Mental Impairments. |
---|
689 | 690 | | Sec. 6. COUNTY AFFAIRS. The committee shall have nine |
---|
690 | 691 | | members, with jurisdiction over all matters pertaining to: |
---|
691 | 692 | | (1) counties, including their organization, creation, |
---|
692 | 693 | | boundaries, government, and finance and the compensation and duties |
---|
693 | 694 | | of their officers and employees; |
---|
694 | 695 | | (2) establishing districts for the election of |
---|
695 | 696 | | governing bodies of counties; |
---|
696 | 697 | | (3) regional councils of governments; |
---|
697 | 698 | | (4) multicounty boards or commissions; |
---|
698 | 699 | | (5) relationships or contracts between counties; |
---|
699 | 700 | | (6) other units of local government; and |
---|
700 | 701 | | (7) the following state agency: the Commission on |
---|
701 | 702 | | Jail Standards. |
---|
702 | 703 | | Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have |
---|
703 | 704 | | nine members, with jurisdiction over all matters pertaining to: |
---|
704 | 705 | | (1) criminal law, prohibitions, standards, and |
---|
705 | 706 | | penalties; |
---|
706 | 707 | | (2) probation and parole; |
---|
707 | 708 | | (3) criminal procedure in the courts of Texas; |
---|
708 | 709 | | (4) revision or amendment of the Penal Code; and |
---|
709 | 710 | | (5) the following state agencies: the Office of State |
---|
710 | 711 | | Prosecuting Attorney and the Texas State Council for Interstate |
---|
711 | 712 | | Adult Offender Supervision. |
---|
712 | 713 | | Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee |
---|
713 | 714 | | shall have nine members, with jurisdiction over: |
---|
714 | 715 | | (1) the creation, operation, and control of state |
---|
715 | 716 | | parks, including the development, maintenance, and operation of |
---|
716 | 717 | | state parks in connection with the sales and use tax imposed on |
---|
717 | 718 | | sporting goods, but not including any matter within the |
---|
718 | 719 | | jurisdiction of the Committee on Appropriations; |
---|
719 | 720 | | (2) the regulation and control of the propagation and |
---|
720 | 721 | | preservation of wildlife and fish in the state; |
---|
721 | 722 | | (3) the development and regulation of the fish and |
---|
722 | 723 | | oyster industries of the state; |
---|
723 | 724 | | (4) hunting and fishing in the state, and the |
---|
724 | 725 | | regulation and control thereof, including the imposition of fees, |
---|
725 | 726 | | fines, and penalties relating to that regulation; |
---|
726 | 727 | | (5) the regulation of other recreational activities; |
---|
727 | 728 | | (6) cultural resources and their promotion, |
---|
728 | 729 | | development, and regulation; |
---|
729 | 730 | | (7) historical resources and their promotion, |
---|
730 | 731 | | development, and regulation; |
---|
731 | 732 | | (8) promotion and development of Texas' image and |
---|
732 | 733 | | heritage; |
---|
733 | 734 | | (9) preservation and protection of Texas' shrines, |
---|
734 | 735 | | monuments, and memorials; |
---|
735 | 736 | | (10) international and interstate tourist promotion |
---|
736 | 737 | | and development; |
---|
737 | 738 | | (11) the Texas Economic Development and Tourism Office |
---|
738 | 739 | | as it relates to the subject-matter jurisdiction of this committee; |
---|
739 | 740 | | (12) the Gulf States Marine Fisheries Compact; and |
---|
740 | 741 | | (13) the following state agencies: the Parks and |
---|
741 | 742 | | Wildlife Department, the Texas Commission on the Arts, the State |
---|
742 | 743 | | Cemetery Committee, the Texas State Library and Archives |
---|
743 | 744 | | Commission, the Texas Historical Commission, the State |
---|
744 | 745 | | Preservation Board, [the San Jacinto Historical Advisory Board,] |
---|
745 | 746 | | and an office of state government to the extent the office promotes |
---|
746 | 747 | | the Texas music industry. |
---|
747 | 748 | | Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall |
---|
748 | 749 | | have nine members, with jurisdiction over all matters pertaining |
---|
749 | 750 | | to: |
---|
750 | 751 | | (1) the relations between the State of Texas and the |
---|
751 | 752 | | federal government involving defense, emergency preparedness, and |
---|
752 | 753 | | veterans issues; |
---|
753 | 754 | | (2) the various branches of the military service of |
---|
754 | 755 | | the United States; |
---|
755 | 756 | | (3) the realignment or closure of military bases; |
---|
756 | 757 | | (4) the defense of the state and nation, including |
---|
757 | 758 | | terrorism response; |
---|
758 | 759 | | (5) emergency preparedness; |
---|
759 | 760 | | (6) veterans of military and related services; and |
---|
760 | 761 | | (7) the following state agencies: the Texas Military |
---|
761 | 762 | | Department, the Texas Veterans Commission, the Veterans' Land |
---|
762 | 763 | | Board, the Texas Military Preparedness Commission, the Texas |
---|
763 | 764 | | Division of Emergency Management, and the Emergency Management |
---|
764 | 765 | | Council. |
---|
765 | 766 | | Sec. 10. ELECTIONS. The committee shall have nine members, |
---|
766 | 767 | | with jurisdiction over all matters pertaining to: |
---|
767 | 768 | | (1) the right of suffrage in Texas; |
---|
768 | 769 | | (2) primary, special, and general elections; |
---|
769 | 770 | | (3) revision, modification, amendment, or change of |
---|
770 | 771 | | the Election Code; |
---|
771 | 772 | | (4) the secretary of state in relation to elections; |
---|
772 | 773 | | (5) campaign finance; and |
---|
773 | 774 | | (6) the following state agency: the Office of the |
---|
774 | 775 | | Secretary of State. |
---|
775 | 776 | | Sec. 11. ENERGY RESOURCES. The committee shall have 11 |
---|
776 | 777 | | members, with jurisdiction over all matters pertaining to: |
---|
777 | 778 | | (1) the conservation of the energy resources of Texas; |
---|
778 | 779 | | (2) the production, regulation, transportation, and |
---|
779 | 780 | | development of oil, gas, and other energy resources; |
---|
780 | 781 | | (3) mining and the development of mineral deposits |
---|
781 | 782 | | within the state; |
---|
782 | 783 | | (4) the leasing and regulation of mineral rights under |
---|
783 | 784 | | public lands; |
---|
784 | 785 | | (5) pipelines, pipeline companies, and all others |
---|
785 | 786 | | operating as common carriers in the state; |
---|
786 | 787 | | (6) electric utility regulation as it relates to |
---|
787 | 788 | | energy production and consumption; |
---|
788 | 789 | | (7) identifying, developing, and using alternative |
---|
789 | 790 | | energy sources; |
---|
790 | 791 | | (8) increasing energy efficiency throughout the |
---|
791 | 792 | | state; |
---|
792 | 793 | | (9) the coordination of the state's efforts related to |
---|
793 | 794 | | the federal designation of threatened and endangered species as it |
---|
794 | 795 | | relates to energy resources in the state; and |
---|
795 | 796 | | (10) the following state agencies: the Railroad |
---|
796 | 797 | | Commission of Texas, the Texas representative for the Interstate |
---|
797 | 798 | | Oil and Gas Compact Commission, the Office of Interstate Mining |
---|
798 | 799 | | Compact Commissioner for Texas, the State Energy Conservation |
---|
799 | 800 | | Office, and the Office of Southern States Energy Board Member for |
---|
800 | 801 | | Texas. |
---|
801 | 802 | | Sec. 12. ENVIRONMENTAL REGULATION. The committee shall |
---|
802 | 803 | | have nine members, with jurisdiction over all matters pertaining |
---|
803 | 804 | | to: |
---|
804 | 805 | | (1) air, land, and water pollution, including the |
---|
805 | 806 | | environmental regulation of industrial development; |
---|
806 | 807 | | (2) the regulation of waste disposal; |
---|
807 | 808 | | (3) environmental matters that are regulated by the |
---|
808 | 809 | | Department of State Health Services or the Texas Commission on |
---|
809 | 810 | | Environmental Quality; |
---|
810 | 811 | | (4) oversight of the Texas Commission on Environmental |
---|
811 | 812 | | Quality as it relates to environmental regulation; and |
---|
812 | 813 | | (5) the following state agency: the Texas Low-Level |
---|
813 | 814 | | Radioactive Waste Disposal Compact Commission. |
---|
814 | 815 | | Sec. 13. GENERAL INVESTIGATING (PROCEDURAL). (a) The |
---|
815 | 816 | | committee shall have five members of the house appointed by the |
---|
816 | 817 | | speaker. The speaker shall appoint the chair and the vice-chair of |
---|
817 | 818 | | the committee. |
---|
818 | 819 | | (b) The committee has all the powers and duties of a general |
---|
819 | 820 | | investigating committee and shall operate as the general |
---|
820 | 821 | | investigating committee of the house according to the procedures |
---|
821 | 822 | | prescribed by Subchapter B, Chapter 301, Government Code, and the |
---|
822 | 823 | | rules of the house, as applicable. |
---|
823 | 824 | | (b-1) The committee may begin work as soon as it desires |
---|
824 | 825 | | after its members are appointed. The committee shall meet, |
---|
825 | 826 | | organize, and adopt rules of evidence and procedure and any other |
---|
826 | 827 | | necessary rules. The committee rules may not conflict with Section |
---|
827 | 828 | | 301.025, Government Code. |
---|
828 | 829 | | (b-2) Whether or not the legislature is in session, the |
---|
829 | 830 | | committee may meet at any time or place in the state determined |
---|
830 | 831 | | necessary by the committee. |
---|
831 | 832 | | (b-3) If the committee decides not to conduct joint hearings |
---|
832 | 833 | | as provided by Section 301.019, Government Code, the committee |
---|
833 | 834 | | shall establish a liaison to fully inform the chair of the senate |
---|
834 | 835 | | committee of the nature and progress of any inquiry by the other |
---|
835 | 836 | | committee. |
---|
836 | 837 | | (b-4) On a majority vote of the committee, the committee may |
---|
837 | 838 | | conduct joint hearings and investigations. |
---|
838 | 839 | | (b-5) The committee may: |
---|
839 | 840 | | (1) initiate or continue inquiries and hearings |
---|
840 | 841 | | concerning: |
---|
841 | 842 | | (A) state government; |
---|
842 | 843 | | (B) any agency or subdivision of government |
---|
843 | 844 | | within the state; |
---|
844 | 845 | | (C) the expenditure of public funds at any level |
---|
845 | 846 | | of government within the state; and |
---|
846 | 847 | | (D) any other matter the committee considers |
---|
847 | 848 | | necessary for the information of the legislature or for the welfare |
---|
848 | 849 | | and protection of state citizens; and |
---|
849 | 850 | | (2) inspect the records, documents, and files and may |
---|
850 | 851 | | examine the duties, responsibilities, and activities of each state |
---|
851 | 852 | | department, agency, and officer and of each municipality, county, |
---|
852 | 853 | | or other political subdivision of the state. |
---|
853 | 854 | | (b-6) If a person disobeys a subpoena or other process that |
---|
854 | 855 | | the committee lawfully issues, the committee may cite the person |
---|
855 | 856 | | for contempt and cause the person to be prosecuted for contempt |
---|
856 | 857 | | according to the procedure prescribed by Subchapter B, Chapter 301, |
---|
857 | 858 | | Government Code, or by other law. |
---|
858 | 859 | | (b-7) The committee shall make reports to members of the |
---|
859 | 860 | | legislature that the committee determines are necessary and |
---|
860 | 861 | | appropriate. |
---|
861 | 862 | | (b-8) Information held by the committee that if held by a |
---|
862 | 863 | | law enforcement agency or prosecutor would be excepted from the |
---|
863 | 864 | | requirements of Section 552.021, Government Code, under Section |
---|
864 | 865 | | 552.108 of that code is confidential and not subject to public |
---|
865 | 866 | | disclosure. |
---|
866 | 867 | | (b-9) If for any reason it is necessary to obtain assistance |
---|
867 | 868 | | in addition to the services provided by the state auditor, attorney |
---|
868 | 869 | | general, Texas Legislative Council, or Department of Public Safety, |
---|
869 | 870 | | the committee may employ and compensate assistants to assist in any |
---|
870 | 871 | | investigation, audit, or legal matter. |
---|
871 | 872 | | (c) The committee may investigate a matter related to the |
---|
872 | 873 | | misconduct, malfeasance, misfeasance, abuse of office, or |
---|
873 | 874 | | incompetency of an individual or officer under Chapter 665, |
---|
874 | 875 | | Government Code. The committee has all the powers and duties |
---|
875 | 876 | | conferred by that chapter for the purpose of conducting the |
---|
876 | 877 | | investigation, including the authority to propose articles of |
---|
877 | 878 | | impeachment. |
---|
878 | 879 | | (d) The committee has original jurisdiction over the |
---|
879 | 880 | | receipt, processing, investigation, and resolution of complaints |
---|
880 | 881 | | related to appropriate workplace conduct under Rule 15, the |
---|
881 | 882 | | housekeeping resolution, and policies adopted by the Committee on |
---|
882 | 883 | | House Administration. If a complaint relates to the conduct of a |
---|
883 | 884 | | member of the committee, that member's employee, or an individual |
---|
884 | 885 | | related to the member or the member's employee within the third |
---|
885 | 886 | | degree by consanguinity or within the second degree by affinity as |
---|
886 | 887 | | determined under Chapter 573, Government Code: |
---|
887 | 888 | | (1) the member shall not participate in any committee |
---|
888 | 889 | | proceedings related to the complaint; and |
---|
889 | 890 | | (2) the speaker shall designate a member of the house |
---|
890 | 891 | | drawn by lot under Subsection (e) of this section to act in the |
---|
891 | 892 | | place of the disqualified member. The designation of a member under |
---|
892 | 893 | | this subsection ends when the committee makes its final disposition |
---|
893 | 894 | | of the complaint. |
---|
894 | 895 | | (e) When a member of the committee is disqualified under |
---|
895 | 896 | | Subsection (d) of this section, the chief clerk shall prepare a list |
---|
896 | 897 | | of the currently qualified members of the house, omitting the names |
---|
897 | 898 | | of the speaker, the disqualified member, each other member of the |
---|
898 | 899 | | committee, and any member elected from the same county as the |
---|
899 | 900 | | disqualified member. The chief clerk shall write on a separate |
---|
900 | 901 | | piece of paper of uniform size and color the name of each member |
---|
901 | 902 | | that appears on the prepared list. The chief clerk shall deposit |
---|
902 | 903 | | the pieces of paper in an opaque container that is designed to |
---|
903 | 904 | | permit the random distribution of the pieces of paper after their |
---|
904 | 905 | | initial deposit and to prevent the viewing of any of the pieces of |
---|
905 | 906 | | paper at any time. After the pieces of paper are randomly |
---|
906 | 907 | | distributed in the container, the sergeant-at-arms shall draw a |
---|
907 | 908 | | single piece of paper and deliver that piece of paper to the chief |
---|
908 | 909 | | clerk. The chief clerk shall inform the speaker of the name drawn |
---|
909 | 910 | | by the sergeant-at-arms for designation under Subsection (d). |
---|
910 | 911 | | Sec. 14. HIGHER EDUCATION. The committee shall have 11 |
---|
911 | 912 | | members, with jurisdiction over all matters pertaining to: |
---|
912 | 913 | | (1) education beyond high school; |
---|
913 | 914 | | (2) the colleges and universities of the State of |
---|
914 | 915 | | Texas; and |
---|
915 | 916 | | (3) the following state agencies: the Texas A&M |
---|
916 | 917 | | Engineering Experiment Station, the Texas A&M Engineering |
---|
917 | 918 | | Extension Service, the Texas Higher Education Coordinating Board, |
---|
918 | 919 | | the Texas Guaranteed Student Loan Corporation, the Prepaid Higher |
---|
919 | 920 | | Education Tuition Board, and the Texas A&M Transportation |
---|
920 | 921 | | Institute. |
---|
921 | 922 | | Sec. 15. HOMELAND SECURITY AND PUBLIC SAFETY. The |
---|
922 | 923 | | committee shall have nine members, with jurisdiction over all |
---|
923 | 924 | | matters pertaining to: |
---|
924 | 925 | | (1) law enforcement; |
---|
925 | 926 | | (2) the prevention of crime and the apprehension of |
---|
926 | 927 | | criminals; |
---|
927 | 928 | | (3) the provision of security services by private |
---|
928 | 929 | | entities; |
---|
929 | 930 | | (4) homeland security, including: |
---|
930 | 931 | | (A) the defense of the state and nation, |
---|
931 | 932 | | including terrorism response; and |
---|
932 | 933 | | (B) disaster mitigation, preparedness, response, |
---|
933 | 934 | | and recovery; and |
---|
934 | 935 | | (5) the following state agencies: the Texas Commission |
---|
935 | 936 | | on Law Enforcement, the Department of Public Safety, the Texas |
---|
936 | 937 | | Division of Emergency Management, the Emergency Management |
---|
937 | 938 | | Council, the Texas Forensic Science Commission, the Texas Military |
---|
938 | 939 | | Preparedness Commission, [the Texas Private Security Board,] the |
---|
939 | 940 | | Commission on State Emergency Communications, and the Texas Crime |
---|
940 | 941 | | Stoppers Council. |
---|
941 | 942 | | Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). (a) The |
---|
942 | 943 | | committee shall have 11 members, with jurisdiction over: |
---|
943 | 944 | | (1) administrative operation of the house and its |
---|
944 | 945 | | employees; |
---|
945 | 946 | | (2) the adoption of policies and procedures for |
---|
946 | 947 | | appropriate workplace conduct under Rule 15 and the housekeeping |
---|
947 | 948 | | resolution, including policies and procedures relating to the |
---|
948 | 949 | | training of members, officers, and employees; |
---|
949 | 950 | | (3) the general house fund, with full control over all |
---|
950 | 951 | | expenditures from the fund; |
---|
951 | 952 | | (4) all property, equipment, and supplies obtained by |
---|
952 | 953 | | the house for its use and the use of its members; |
---|
953 | 954 | | (5) all office space available for the use of the house |
---|
954 | 955 | | and its members; |
---|
955 | 956 | | (6) the assignment of vacant office space, vacant |
---|
956 | 957 | | parking spaces, and vacant desks on the house floor to members with |
---|
957 | 958 | | seniority based on cumulative years of service in the house, except |
---|
958 | 959 | | that the committee may make these assignments based on physical |
---|
959 | 960 | | disability of a member where it deems proper; |
---|
960 | 961 | | (7) all admissions to the floor during sessions of the |
---|
961 | 962 | | house; |
---|
962 | 963 | | (8) all proposals to invite nonmembers to appear |
---|
963 | 964 | | before or address the house or a joint session; |
---|
964 | 965 | | (9) all radio, television, and Internet broadcasting, |
---|
965 | 966 | | live or recorded, of sessions of the house; |
---|
966 | 967 | | (10) the electronic recording of the proceedings of |
---|
967 | 968 | | the house of representatives and the custody of the recordings of |
---|
968 | 969 | | testimony before house committees, with authority to promulgate |
---|
969 | 970 | | reasonable rules, regulations, and conditions concerning the |
---|
970 | 971 | | safekeeping, reproducing, and transcribing of the recordings, and |
---|
971 | 972 | | the defraying of costs for transcribing the recordings, subject to |
---|
972 | 973 | | other provisions of these rules; |
---|
973 | 974 | | (11) all witnesses appearing before the house or any |
---|
974 | 975 | | committee thereof in support of or in opposition to any pending |
---|
975 | 976 | | legislative proposal; |
---|
976 | 977 | | (12) the Rules of Procedure of the House of |
---|
977 | 978 | | Representatives, Joint Rules of the House and Senate, and all |
---|
978 | 979 | | proposed amendments; |
---|
979 | 980 | | (13) other matters concerning the rules, procedures, |
---|
980 | 981 | | and operation of the house assigned by the speaker; and |
---|
981 | 982 | | (14) the following state agency: the State |
---|
982 | 983 | | Preservation Board. |
---|
983 | 984 | | (b) The committee must vote to adopt the annual budget for |
---|
984 | 985 | | each house department. |
---|
985 | 986 | | Sec. 17. HUMAN SERVICES. The committee shall have nine |
---|
986 | 987 | | members, with jurisdiction over all matters pertaining to: |
---|
987 | 988 | | (1) welfare and rehabilitation programs and their |
---|
988 | 989 | | development, administration, and control; |
---|
989 | 990 | | (2) oversight of the Health and Human Services |
---|
990 | 991 | | Commission and the Texas Behavioral Health Executive Council as it |
---|
991 | 992 | | relates to the subject matter jurisdiction of this committee; |
---|
992 | 993 | | (3) intellectual disabilities and the development of |
---|
993 | 994 | | programs incident thereto; |
---|
994 | 995 | | (4) the prevention and treatment of intellectual |
---|
995 | 996 | | disabilities; and |
---|
996 | 997 | | (5) the following state agencies: the Department of |
---|
997 | 998 | | Family and Protective Services, the Texas State Board of Social |
---|
998 | 999 | | Worker Examiners, and the Texas State Board of Examiners of |
---|
999 | 1000 | | Professional Counselors. |
---|
1000 | 1001 | | Sec. 18. INSURANCE. The committee shall have nine members, |
---|
1001 | 1002 | | with jurisdiction over all matters pertaining to: |
---|
1002 | 1003 | | (1) insurance and the insurance industry; |
---|
1003 | 1004 | | (2) all insurance companies and other organizations of |
---|
1004 | 1005 | | any type writing or issuing policies of insurance in the State of |
---|
1005 | 1006 | | Texas, including their organization, incorporation, management, |
---|
1006 | 1007 | | powers, and limitations; and |
---|
1007 | 1008 | | (3) the following state agencies: the Texas |
---|
1008 | 1009 | | Department of Insurance, the Texas Health Benefits Purchasing |
---|
1009 | 1010 | | Cooperative, and the Office of Public Insurance Counsel. |
---|
1010 | 1011 | | Sec. 19. INTERNATIONAL RELATIONS AND ECONOMIC DEVELOPMENT. |
---|
1011 | 1012 | | The committee shall have nine members, with jurisdiction over all |
---|
1012 | 1013 | | matters pertaining to: |
---|
1013 | 1014 | | (1) the relations between the State of Texas and other |
---|
1014 | 1015 | | nations, including matters related to trade relations and |
---|
1015 | 1016 | | international trade zones; |
---|
1016 | 1017 | | (2) the relations between the State of Texas and the |
---|
1017 | 1018 | | federal government other than matters involving defense, emergency |
---|
1018 | 1019 | | preparedness, and veterans issues; |
---|
1019 | 1020 | | (3) the relations between the State of Texas and other |
---|
1020 | 1021 | | states of the United States; |
---|
1021 | 1022 | | (4) commerce, trade, and manufacturing, including |
---|
1022 | 1023 | | international commerce and trade and the regulation of persons |
---|
1023 | 1024 | | participating in international commerce and trade; |
---|
1024 | 1025 | | (5) cooperation between the state or a local |
---|
1025 | 1026 | | governmental entity and the scientific and technological |
---|
1026 | 1027 | | community, including private businesses, institutions of higher |
---|
1027 | 1028 | | education, and federal governmental laboratories; |
---|
1028 | 1029 | | (6) weights and measures; |
---|
1029 | 1030 | | (7) workforce training; |
---|
1030 | 1031 | | (8) economic and industrial development; |
---|
1031 | 1032 | | (9) development and support of small businesses; |
---|
1032 | 1033 | | (10) job creation and job-training programs; |
---|
1033 | 1034 | | (11) hours, wages, collective bargaining, and the |
---|
1034 | 1035 | | relationship between employers and employees; |
---|
1035 | 1036 | | (12) international and border regions (as described in |
---|
1036 | 1037 | | Sections 2056.002(e)(2) and (3), Government Code) economic |
---|
1037 | 1038 | | development, public health and safety issues affecting the border, |
---|
1038 | 1039 | | tourist development, and goodwill, and economic development, |
---|
1039 | 1040 | | tourist development, and goodwill in other areas of the state that |
---|
1040 | 1041 | | have experienced a significant increase in the percentage of the |
---|
1041 | 1042 | | population that consists of immigrants from other nations, |
---|
1042 | 1043 | | according to the last two federal decennial censuses or another |
---|
1043 | 1044 | | reliable measure; |
---|
1044 | 1045 | | (13) the provision of public services to persons |
---|
1045 | 1046 | | residing in proximity to Texas' international border or in other |
---|
1046 | 1047 | | areas of the state that have experienced a significant increase in |
---|
1047 | 1048 | | the percentage of the population that consists of immigrants from |
---|
1048 | 1049 | | other nations, according to the last two federal decennial censuses |
---|
1049 | 1050 | | or another reliable measure; and |
---|
1050 | 1051 | | (14) the following state agencies: the Office of |
---|
1051 | 1052 | | State-Federal Relations, the Texas Economic Development and |
---|
1052 | 1053 | | Tourism Office, the Texas Workforce Commission, and the Texas |
---|
1053 | 1054 | | Workforce Investment Council. |
---|
1054 | 1055 | | Sec. 20. JUDICIARY AND CIVIL JURISPRUDENCE. The committee |
---|
1055 | 1056 | | shall have nine members, with jurisdiction over all matters |
---|
1056 | 1057 | | pertaining to: |
---|
1057 | 1058 | | (1) fines and penalties arising under civil laws; |
---|
1058 | 1059 | | (2) civil law, including rights, duties, remedies, and |
---|
1059 | 1060 | | procedures thereunder, and including probate and guardianship |
---|
1060 | 1061 | | matters; |
---|
1061 | 1062 | | (3) civil procedure in the courts of Texas; |
---|
1062 | 1063 | | (4) administrative law and the adjudication of rights |
---|
1063 | 1064 | | by administrative agencies; |
---|
1064 | 1065 | | (5) permission to sue the state; |
---|
1065 | 1066 | | (6) uniform state laws; |
---|
1066 | 1067 | | (7) creating, changing, or otherwise affecting courts |
---|
1067 | 1068 | | of judicial districts of the state; |
---|
1068 | 1069 | | (8) establishing districts for the election of |
---|
1069 | 1070 | | judicial officers; |
---|
1070 | 1071 | | (9) courts and court procedures except where |
---|
1071 | 1072 | | jurisdiction is specifically granted to some other standing |
---|
1072 | 1073 | | committee; and |
---|
1073 | 1074 | | (10) the following state agencies: the Supreme Court, |
---|
1074 | 1075 | | the courts of appeals, the Court of Criminal Appeals, the State |
---|
1075 | 1076 | | Commission on Judicial Conduct, the Office of Court Administration |
---|
1076 | 1077 | | of the Texas Judicial System, the State Law Library, the Texas |
---|
1077 | 1078 | | Judicial Council, the Judicial Branch Certification Commission, |
---|
1078 | 1079 | | the Office of the Attorney General, the Board of Law Examiners, the |
---|
1079 | 1080 | | State Bar of Texas, and the State Office of Administrative |
---|
1080 | 1081 | | Hearings. |
---|
1081 | 1082 | | Sec. 21. JUVENILE JUSTICE AND FAMILY ISSUES. The committee |
---|
1082 | 1083 | | shall have nine members, with jurisdiction over all matters |
---|
1083 | 1084 | | pertaining to: |
---|
1084 | 1085 | | (1) the commitment and rehabilitation of youths; |
---|
1085 | 1086 | | (2) the construction, operation, and management of |
---|
1086 | 1087 | | correctional facilities of the state and facilities used for the |
---|
1087 | 1088 | | commitment and rehabilitation of youths; |
---|
1088 | 1089 | | (3) juvenile delinquency and gang violence; |
---|
1089 | 1090 | | (4) criminal law, prohibitions, standards, and |
---|
1090 | 1091 | | penalties as applied to juveniles; |
---|
1091 | 1092 | | (5) criminal procedure in the courts of Texas as it |
---|
1092 | 1093 | | relates to juveniles; |
---|
1093 | 1094 | | (6) civil law as it relates to familial relationships, |
---|
1094 | 1095 | | including rights, duties, remedies, and procedures; and |
---|
1095 | 1096 | | (7) the following state agencies: the Texas Juvenile |
---|
1096 | 1097 | | Justice Board, the Texas Juvenile Justice Department, the Office of |
---|
1097 | 1098 | | Independent Ombudsman for the Texas Juvenile Justice Department, |
---|
1098 | 1099 | | and the Advisory Council on Juvenile Services. |
---|
1099 | 1100 | | Sec. 22. LAND AND RESOURCE MANAGEMENT. The committee shall |
---|
1100 | 1101 | | have nine members, with jurisdiction over all matters pertaining |
---|
1101 | 1102 | | to: |
---|
1102 | 1103 | | (1) the management of public lands; |
---|
1103 | 1104 | | (2) the power of eminent domain; |
---|
1104 | 1105 | | (3) the creation, modification, and regulation of |
---|
1105 | 1106 | | municipal utility districts; |
---|
1106 | 1107 | | (4) annexation, zoning, and other governmental |
---|
1107 | 1108 | | regulation of land use; and |
---|
1108 | 1109 | | (5) the following state agencies: the School Land |
---|
1109 | 1110 | | Board, the Board for Lease of University Lands, and the General Land |
---|
1110 | 1111 | | Office. |
---|
1111 | 1112 | | Sec. 23. LICENSING AND ADMINISTRATIVE PROCEDURES. The |
---|
1112 | 1113 | | committee shall have 11 members, with jurisdiction over all |
---|
1113 | 1114 | | matters pertaining to: |
---|
1114 | 1115 | | (1) the oversight of businesses, industries, general |
---|
1115 | 1116 | | trades, and occupations regulated by this state; |
---|
1116 | 1117 | | (2) the regulation of greyhound and horse racing and |
---|
1117 | 1118 | | other gaming industries; |
---|
1118 | 1119 | | (3) regulation of the sale of intoxicating beverages |
---|
1119 | 1120 | | and local option control; |
---|
1120 | 1121 | | (4) the Alcoholic Beverage Code; and |
---|
1121 | 1122 | | (5) the following state agencies: the Texas |
---|
1122 | 1123 | | Department of Licensing and Regulation, the State Office of |
---|
1123 | 1124 | | Administrative Hearings, the Texas Board of Architectural |
---|
1124 | 1125 | | Examiners, the Texas State Board of Public Accountancy, the Texas |
---|
1125 | 1126 | | Real Estate Commission, the Texas State Board of Plumbing |
---|
1126 | 1127 | | Examiners, the Texas Board of Professional Engineers and Land |
---|
1127 | 1128 | | Surveyors, the Real Estate Center at Texas A&M University, [the |
---|
1128 | 1129 | | Texas Board of Professional Land Surveying,] the Texas Racing |
---|
1129 | 1130 | | Commission, the Texas Appraiser Licensing and Certification Board, |
---|
1130 | 1131 | | the Texas Lottery Commission, and the Texas Alcoholic Beverage |
---|
1131 | 1132 | | Commission. |
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1132 | 1133 | | Sec. 24. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The |
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1133 | 1134 | | committee shall have 11 members, with jurisdiction over: |
---|
1134 | 1135 | | (1) the placement on appropriate calendars of bills |
---|
1135 | 1136 | | and resolutions that, in the opinion of the committee, are in fact |
---|
1136 | 1137 | | local or will be uncontested, and have been recommended as such by |
---|
1137 | 1138 | | the standing committee of original jurisdiction; and |
---|
1138 | 1139 | | (2) the determination of priorities for floor |
---|
1139 | 1140 | | consideration of bills and resolutions except those within the |
---|
1140 | 1141 | | jurisdiction of the Committee on Calendars and the Committee on |
---|
1141 | 1142 | | Resolutions Calendars. |
---|
1142 | 1143 | | Sec. 25. NATURAL RESOURCES. The committee shall have 11 |
---|
1143 | 1144 | | members, with jurisdiction over all matters pertaining to: |
---|
1144 | 1145 | | (1) the conservation of the natural resources of |
---|
1145 | 1146 | | Texas; |
---|
1146 | 1147 | | (2) the control and development of land and water and |
---|
1147 | 1148 | | land and water resources, including the taking, storing, control, |
---|
1148 | 1149 | | and use of all water in the state, and its appropriation and |
---|
1149 | 1150 | | allocation; |
---|
1150 | 1151 | | (3) irrigation, irrigation companies, and irrigation |
---|
1151 | 1152 | | districts, and their incorporation, management, and powers; |
---|
1152 | 1153 | | (4) the creation, modification, and regulation of |
---|
1153 | 1154 | | groundwater conservation districts, water supply districts, water |
---|
1154 | 1155 | | control and improvement districts, conservation and reclamation |
---|
1155 | 1156 | | districts, and all similar organs of local government dealing with |
---|
1156 | 1157 | | water and water supply not otherwise assigned by these rules to |
---|
1157 | 1158 | | another standing committee; |
---|
1158 | 1159 | | (5) oversight of the Texas Commission on Environmental |
---|
1159 | 1160 | | Quality as it relates to the regulation of water resources; and |
---|
1160 | 1161 | | (6) the following state agencies: the Office of |
---|
1161 | 1162 | | Canadian River Compact Commissioner for Texas, the Office of Pecos |
---|
1162 | 1163 | | River Compact Commissioner for Texas, the Office of Red River |
---|
1163 | 1164 | | Compact Commissioner for Texas, the Office of Rio Grande Compact |
---|
1164 | 1165 | | Commissioner for Texas, the Office of Sabine River Compact |
---|
1165 | 1166 | | Commissioners for Texas, the Southwestern States Water Commission, |
---|
1166 | 1167 | | and the Texas Water Development Board. |
---|
1167 | 1168 | | Sec. 26. PENSIONS, INVESTMENTS, AND FINANCIAL SERVICES. |
---|
1168 | 1169 | | The committee shall have nine [11] members, with jurisdiction over |
---|
1169 | 1170 | | all matters pertaining to: |
---|
1170 | 1171 | | (1) banking and the state banking system; |
---|
1171 | 1172 | | (2) savings and loan associations; |
---|
1172 | 1173 | | (3) credit unions; |
---|
1173 | 1174 | | (4) the regulation of state and local bonded |
---|
1174 | 1175 | | indebtedness; |
---|
1175 | 1176 | | (5) the lending of money; |
---|
1176 | 1177 | | (6) benefits or participation in benefits of a public |
---|
1177 | 1178 | | retirement system and the financial obligations of a public |
---|
1178 | 1179 | | retirement system; |
---|
1179 | 1180 | | (7) the regulation of securities and investments; |
---|
1180 | 1181 | | (8) privacy and identity theft; and |
---|
1181 | 1182 | | (9) the following state agencies: the Finance |
---|
1182 | 1183 | | Commission of Texas, the Credit Union Commission, the Office of |
---|
1183 | 1184 | | Consumer Credit Commissioner, the Office of Banking Commissioner, |
---|
1184 | 1185 | | the Texas Department of Banking, the Department of Savings and |
---|
1185 | 1186 | | Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the |
---|
1186 | 1187 | | Texas Public Finance Authority, the Bond Review Board, the Texas |
---|
1187 | 1188 | | Emergency Services Retirement System, the Board of Trustees of the |
---|
1188 | 1189 | | Teacher Retirement System of Texas, the Board of Trustees of the |
---|
1189 | 1190 | | Employees Retirement System of Texas, the Board of Trustees of the |
---|
1190 | 1191 | | Texas County and District Retirement System, the Board of Trustees |
---|
1191 | 1192 | | of the Texas Municipal Retirement System, the State Pension Review |
---|
1192 | 1193 | | Board, and the State Securities Board. |
---|
1193 | 1194 | | Sec. 27. PUBLIC EDUCATION. The committee shall have 13 |
---|
1194 | 1195 | | members, with jurisdiction over all matters pertaining to: |
---|
1195 | 1196 | | (1) the public schools and the public school system of |
---|
1196 | 1197 | | Texas and the financing thereof; |
---|
1197 | 1198 | | (2) the state programming of elementary and secondary |
---|
1198 | 1199 | | education for the public school system of Texas; |
---|
1199 | 1200 | | (3) proposals to create, change, or otherwise alter |
---|
1200 | 1201 | | school districts of the state; and |
---|
1201 | 1202 | | (4) the following organizations and state agencies: |
---|
1202 | 1203 | | the State Board of Education, the Texas Education Agency, the Texas |
---|
1203 | 1204 | | representatives to the Education Commission of the States, the |
---|
1204 | 1205 | | [Office of] Southern Regional Education Board [Compact |
---|
1205 | 1206 | | Commissioner for Texas], the Texas School for the Blind and |
---|
1206 | 1207 | | Visually Impaired, the State Board for Educator Certification, and |
---|
1207 | 1208 | | the Texas School for the Deaf. |
---|
1208 | 1209 | | Sec. 28. PUBLIC HEALTH. The committee shall have 11 |
---|
1209 | 1210 | | members, with jurisdiction over all matters pertaining to: |
---|
1210 | 1211 | | (1) the protection of public health, including |
---|
1211 | 1212 | | supervision and control of the practice of medicine and dentistry |
---|
1212 | 1213 | | and other allied health services; |
---|
1213 | 1214 | | (2) mental health and the development of programs |
---|
1214 | 1215 | | incident thereto; |
---|
1215 | 1216 | | (3) the prevention and treatment of mental illness; |
---|
1216 | 1217 | | (4) oversight of the Health and Human Services |
---|
1217 | 1218 | | Commission and the Texas Behavioral Health Executive Council as it |
---|
1218 | 1219 | | relates to the subject matter jurisdiction of this committee; and |
---|
1219 | 1220 | | (5) the following state agencies: the Department of |
---|
1220 | 1221 | | State Health Services, the Anatomical Board of the State of Texas, |
---|
1221 | 1222 | | the Texas Funeral Service Commission, the Hearing Instrument |
---|
1222 | 1223 | | Fitters and Dispensers Advisory Board, the Texas Health Services |
---|
1223 | 1224 | | Authority, the Texas Optometry Board, the Texas Radiation Advisory |
---|
1224 | 1225 | | Board, the Texas State Board of Pharmacy, [the Interagency Obesity |
---|
1225 | 1226 | | Council,] the Texas Board of Nursing, the Texas Board of |
---|
1226 | 1227 | | Chiropractic Examiners, the Texas Board of Physical Therapy |
---|
1227 | 1228 | | Examiners, the Massage Therapy Advisory Board, the Podiatric |
---|
1228 | 1229 | | Medical Examiners Advisory Board, the Texas State Board of |
---|
1229 | 1230 | | Examiners of Psychologists, the Texas State Board of Examiners of |
---|
1230 | 1231 | | Marriage and Family Therapists, the Behavior Analyst Advisory |
---|
1231 | 1232 | | Board, the State Board of Dental Examiners, the Texas Medical |
---|
1232 | 1233 | | Board, the Advisory Board of Athletic Trainers, the Cancer |
---|
1233 | 1234 | | Prevention and Research Institute of Texas, the Texas State Board |
---|
1234 | 1235 | | of Acupuncture Examiners, the Health Professions Council, the |
---|
1235 | 1236 | | Office of Patient Protection, [and] the Texas Board of Occupational |
---|
1236 | 1237 | | Therapy Examiners, and the Texas Child Mental Health Care |
---|
1237 | 1238 | | Consortium. |
---|
1238 | 1239 | | Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall |
---|
1239 | 1240 | | have 15 members, with jurisdiction over all matters pertaining to: |
---|
1240 | 1241 | | (1) legislative districts, both house and senate, and |
---|
1241 | 1242 | | any changes or amendments; |
---|
1242 | 1243 | | (2) congressional districts, their creation, and any |
---|
1243 | 1244 | | changes or amendments; |
---|
1244 | 1245 | | (3) establishing districts for the election of |
---|
1245 | 1246 | | judicial officers or of governing bodies or representatives of |
---|
1246 | 1247 | | political subdivisions or state agencies as required by law; and |
---|
1247 | 1248 | | (4) preparations for the redistricting process. |
---|
1248 | 1249 | | Sec. 30. RESOLUTIONS CALENDARS (PROCEDURAL). The committee |
---|
1249 | 1250 | | shall have 11 members, with jurisdiction over: |
---|
1250 | 1251 | | (1) the placement on appropriate calendars of |
---|
1251 | 1252 | | resolutions that, in the opinion of the committee, are in fact |
---|
1252 | 1253 | | congratulatory or memorial; |
---|
1253 | 1254 | | (2) the determination of priorities for floor |
---|
1254 | 1255 | | consideration of resolutions except those within the jurisdiction |
---|
1255 | 1256 | | of the Committee on Calendars and the Committee on Local and Consent |
---|
1256 | 1257 | | Calendars; |
---|
1257 | 1258 | | (3) all procedures for expediting the business of the |
---|
1258 | 1259 | | house in expressing concern or commendation in an orderly and |
---|
1259 | 1260 | | efficient manner; |
---|
1260 | 1261 | | (4) all resolutions to congratulate, memorialize, or |
---|
1261 | 1262 | | name mascots of the house; and |
---|
1262 | 1263 | | (5) other matters concerning rules, procedures, and |
---|
1263 | 1264 | | operation of the house in expressing concern or commendation |
---|
1264 | 1265 | | assigned by the speaker. |
---|
1265 | 1266 | | Sec. 31. STATE AFFAIRS. The committee shall have 13 |
---|
1266 | 1267 | | members, with jurisdiction over all matters pertaining to: |
---|
1267 | 1268 | | (1) questions and matters of state policy; |
---|
1268 | 1269 | | (2) the administration of state government; |
---|
1269 | 1270 | | (3) the organization, operation, powers, regulation, |
---|
1270 | 1271 | | and management of state departments, agencies, and institutions; |
---|
1271 | 1272 | | (4) the operation and regulation of public lands and |
---|
1272 | 1273 | | state buildings; |
---|
1273 | 1274 | | (5) the duties and conduct of officers and employees |
---|
1274 | 1275 | | of the state government; |
---|
1275 | 1276 | | (6) the duties and conduct of candidates for public |
---|
1276 | 1277 | | office and of persons with an interest in influencing public |
---|
1277 | 1278 | | policy; |
---|
1278 | 1279 | | (7) the operation of state government and its agencies |
---|
1279 | 1280 | | and departments; all of above except where jurisdiction is |
---|
1280 | 1281 | | specifically granted to some other standing committee; |
---|
1281 | 1282 | | (8) access of the state agencies to scientific and |
---|
1282 | 1283 | | technological information; |
---|
1283 | 1284 | | (9) the regulation and deregulation of electric |
---|
1284 | 1285 | | utilities and the electric industry; |
---|
1285 | 1286 | | (10) the regulation and deregulation of |
---|
1286 | 1287 | | telecommunications utilities and the telecommunications industry; |
---|
1287 | 1288 | | (11) electric utility regulation as it relates to |
---|
1288 | 1289 | | energy production and consumption; |
---|
1289 | 1290 | | (12) pipelines, pipeline companies, and all others |
---|
1290 | 1291 | | operating as common carriers in the state; |
---|
1291 | 1292 | | (13) the regulation and deregulation of other |
---|
1292 | 1293 | | industries jurisdiction of which is not specifically assigned to |
---|
1293 | 1294 | | another committee under these rules; |
---|
1294 | 1295 | | (14) advances in science and technology, including |
---|
1295 | 1296 | | telecommunications, electronic technology, or automated data |
---|
1296 | 1297 | | processing, by state agencies, including institutions of higher |
---|
1297 | 1298 | | education; |
---|
1298 | 1299 | | (15) the promotion within the state of an advance |
---|
1299 | 1300 | | described by Subdivision (14) of this section; |
---|
1300 | 1301 | | (16) cybersecurity; and |
---|
1301 | 1302 | | (17) the following organizations and state agencies: |
---|
1302 | 1303 | | the Council of State Governments, the National Conference of State |
---|
1303 | 1304 | | Legislatures, the Office of the Governor, the Texas Ethics |
---|
1304 | 1305 | | Commission, the Texas Facilities Commission, the Department of |
---|
1305 | 1306 | | Information Resources, the Inaugural Endowment Fund Committee, the |
---|
1306 | 1307 | | Sunset Advisory Commission, the Public Utility Commission of Texas, |
---|
1307 | 1308 | | and the Office of Public Utility Counsel. |
---|
1308 | 1309 | | Sec. 32. TRANSPORTATION. The committee shall have 13 |
---|
1309 | 1310 | | members, with jurisdiction over all matters pertaining to: |
---|
1310 | 1311 | | (1) commercial motor vehicles, both bus and truck, and |
---|
1311 | 1312 | | their control, regulation, licensing, and operation; |
---|
1312 | 1313 | | (2) the Texas highway system, including all roads, |
---|
1313 | 1314 | | bridges, and ferries constituting a part of the system; |
---|
1314 | 1315 | | (3) the licensing of private passenger vehicles to |
---|
1315 | 1316 | | operate on the roads and highways of the state; |
---|
1316 | 1317 | | (4) the regulation and control of traffic on the |
---|
1317 | 1318 | | public highways of the State of Texas; |
---|
1318 | 1319 | | (5) railroads, street railway lines, interurban |
---|
1319 | 1320 | | railway lines, steamship companies, and express companies; |
---|
1320 | 1321 | | (6) airports, air traffic, airlines, and other |
---|
1321 | 1322 | | organizations engaged in transportation by means of aerial flight; |
---|
1322 | 1323 | | (7) water transportation in the State of Texas, and |
---|
1323 | 1324 | | the rivers, harbors, and related facilities used in water |
---|
1324 | 1325 | | transportation and the agencies of government exercising |
---|
1325 | 1326 | | supervision and control thereover; |
---|
1326 | 1327 | | (8) the regulation of metropolitan transit; and |
---|
1327 | 1328 | | (9) the following state agencies: the Texas Department |
---|
1328 | 1329 | | of Motor Vehicles, the Texas Department of Transportation, and the |
---|
1329 | 1330 | | Texas Transportation Commission. |
---|
1330 | 1331 | | Sec. 33. URBAN AFFAIRS. The committee shall have nine |
---|
1331 | 1332 | | members, with jurisdiction over all matters pertaining to: |
---|
1332 | 1333 | | (1) municipalities, including their creation, |
---|
1333 | 1334 | | organization, powers, government, and finance, and the |
---|
1334 | 1335 | | compensation and duties of their officers and employees; |
---|
1335 | 1336 | | (2) home-rule municipalities, their relationship to |
---|
1336 | 1337 | | the state, and their powers, authority, and limitations; |
---|
1337 | 1338 | | (3) the creation or change of metropolitan areas and |
---|
1338 | 1339 | | the form of government under which those areas operate; |
---|
1339 | 1340 | | (4) problems and issues particularly affecting |
---|
1340 | 1341 | | metropolitan areas of the state; |
---|
1341 | 1342 | | (5) other units of local government not otherwise |
---|
1342 | 1343 | | assigned by these rules to other standing committees; |
---|
1343 | 1344 | | (6) establishing districts for the election of |
---|
1344 | 1345 | | governing bodies of municipalities; |
---|
1345 | 1346 | | (7) land use regulation by municipalities; and |
---|
1346 | 1347 | | (8) the following state agencies: the Texas |
---|
1347 | 1348 | | Department of Housing and Community Affairs and the Texas |
---|
1348 | 1349 | | Commission on Fire Protection. |
---|
1349 | 1350 | | Sec. 34. WAYS AND MEANS. The committee shall have 11 |
---|
1350 | 1351 | | members, with jurisdiction over: |
---|
1351 | 1352 | | (1) all bills and resolutions proposing to raise state |
---|
1352 | 1353 | | revenue; |
---|
1353 | 1354 | | (2) all bills or resolutions proposing to levy state |
---|
1354 | 1355 | | taxes or other fees; |
---|
1355 | 1356 | | (3) all proposals to modify, amend, or change any |
---|
1356 | 1357 | | existing state tax or revenue statute; |
---|
1357 | 1358 | | (4) all proposals to regulate the manner of collection |
---|
1358 | 1359 | | of state revenues and taxes; |
---|
1359 | 1360 | | (5) all bills and resolutions containing provisions |
---|
1360 | 1361 | | resulting in automatic allocation of funds from the state treasury; |
---|
1361 | 1362 | | (6) all bills and resolutions diverting funds from the |
---|
1362 | 1363 | | state treasury or preventing funds from going in that otherwise |
---|
1363 | 1364 | | would be placed in the state treasury; |
---|
1364 | 1365 | | (7) all bills and resolutions proposing to permit a |
---|
1365 | 1366 | | local government to raise revenue; |
---|
1366 | 1367 | | (8) all bills and resolutions proposing to permit a |
---|
1367 | 1368 | | local government to levy or impose property taxes, sales and use |
---|
1368 | 1369 | | taxes, or other taxes and fees; |
---|
1369 | 1370 | | (9) all proposals to modify, amend, or change any |
---|
1370 | 1371 | | existing local government tax or revenue statute; |
---|
1371 | 1372 | | (10) all proposals to regulate the manner of |
---|
1372 | 1373 | | collection of local government revenues and taxes; |
---|
1373 | 1374 | | (11) all bills and resolutions relating to the |
---|
1374 | 1375 | | appraisal of property for taxation; |
---|
1375 | 1376 | | (12) all bills and resolutions relating to the Tax |
---|
1376 | 1377 | | Code; and |
---|
1377 | 1378 | | (13) the following organizations and state agencies: |
---|
1378 | 1379 | | the [Office of] Multistate Tax Commission [Compact Commissioner for |
---|
1379 | 1380 | | Texas] and the Comptroller of Public Accounts. |
---|
1380 | 1381 | | RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES |
---|
1381 | 1382 | | CHAPTER A. ORGANIZATION |
---|
1382 | 1383 | | Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing |
---|
1383 | 1384 | | committees of the house, and the number of members and general |
---|
1384 | 1385 | | jurisdiction of each, shall be as enumerated in Rule 3. |
---|
1385 | 1386 | | Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on |
---|
1386 | 1387 | | the standing committees shall be determined at the beginning of |
---|
1387 | 1388 | | each regular session in the following manner: |
---|
1388 | 1389 | | (1) For each standing substantive committee, a maximum |
---|
1389 | 1390 | | of one-half of the membership, exclusive of the chair and |
---|
1390 | 1391 | | vice-chair, shall be determined by seniority. The remaining |
---|
1391 | 1392 | | membership of the committee shall be appointed by the speaker. |
---|
1392 | 1393 | | (2) Each member of the house, in order of seniority, |
---|
1393 | 1394 | | may designate three committees on which he or she desires to serve, |
---|
1394 | 1395 | | listed in order of preference. The member is entitled to become a |
---|
1395 | 1396 | | member of the committee of his or her highest preference on which |
---|
1396 | 1397 | | there remains a vacant seniority position. |
---|
1397 | 1398 | | (3) If members of equal seniority request the same |
---|
1398 | 1399 | | committee, the speaker shall appoint the member from among those |
---|
1399 | 1400 | | requesting that committee. Seniority, as the term is used in this |
---|
1400 | 1401 | | subsection, shall mean years of cumulative service as a member of |
---|
1401 | 1402 | | the house of representatives. |
---|
1402 | 1403 | | (4) After each member of the house has selected one |
---|
1403 | 1404 | | committee on the basis of seniority, the remaining membership on |
---|
1404 | 1405 | | each standing committee shall be filled by appointment of the |
---|
1405 | 1406 | | speaker, subject to the limitations imposed in this chapter. |
---|
1406 | 1407 | | (5) Seniority shall not apply to a procedural |
---|
1407 | 1408 | | committee. For purposes of these rules, the procedural committees |
---|
1408 | 1409 | | are the Committee on Calendars, the Committee on Local and Consent |
---|
1409 | 1410 | | Calendars, the Committee on Resolutions Calendars, the General |
---|
1410 | 1411 | | Investigating Committee, the Committee on House Administration, |
---|
1411 | 1412 | | and the Committee on Redistricting. The entire membership of these |
---|
1412 | 1413 | | committees shall be appointed by the speaker. |
---|
1413 | 1414 | | (6) In announcing the membership of committees, the |
---|
1414 | 1415 | | speaker shall designate those appointed by the speaker and those |
---|
1415 | 1416 | | acquiring membership by seniority. |
---|
1416 | 1417 | | (7) The speaker shall designate the chair and |
---|
1417 | 1418 | | vice-chair from the total membership of the committee. |
---|
1418 | 1419 | | (b) In the event of a vacancy in a representative district |
---|
1419 | 1420 | | that has not been filled at the time of the determination of the |
---|
1420 | 1421 | | membership of standing committees, the representative of the |
---|
1421 | 1422 | | district who fills that vacancy shall not be entitled to select a |
---|
1422 | 1423 | | committee on the basis of seniority. Committee appointments on |
---|
1423 | 1424 | | behalf of that district shall be designated by the district number. |
---|
1424 | 1425 | | (c) In the event that a member-elect of the current |
---|
1425 | 1426 | | legislature has not taken the oath of office by the end of the ninth |
---|
1426 | 1427 | | day of the regular session, the representative of that district |
---|
1427 | 1428 | | shall not be entitled to select a committee on the basis of |
---|
1428 | 1429 | | seniority. If the member-elect has not taken the oath of office by |
---|
1429 | 1430 | | the time committee appointments are announced, committee |
---|
1430 | 1431 | | appointments on behalf of that district shall be designated by |
---|
1431 | 1432 | | district number. |
---|
1432 | 1433 | | Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair |
---|
1433 | 1434 | | and vice-chair, members of a standing committee shall rank |
---|
1434 | 1435 | | according to their seniority. |
---|
1435 | 1436 | | Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve |
---|
1436 | 1437 | | concurrently on more than two standing substantive committees. |
---|
1437 | 1438 | | (b) A member serving as chair of the Committee on |
---|
1438 | 1439 | | Appropriations, [or] the Committee on State Affairs, or the |
---|
1439 | 1440 | | Committee on Ways and Means may not serve on any other substantive |
---|
1440 | 1441 | | committee. |
---|
1441 | 1442 | | (c) A permanent speaker pro tempore appointed under Rule 1, |
---|
1442 | 1443 | | Section 10, may not serve on more than one substantive committee or |
---|
1443 | 1444 | | as chair of a standing committee. |
---|
1444 | 1445 | | Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on |
---|
1445 | 1446 | | a standing, select, or interim committee subsequent to its |
---|
1446 | 1447 | | organization, the speaker shall appoint an eligible member to fill |
---|
1447 | 1448 | | the vacancy. |
---|
1448 | 1449 | | Sec. 6. DUTIES OF THE CHAIR. The chair of each committee |
---|
1449 | 1450 | | shall: |
---|
1450 | 1451 | | (1) be responsible for the effective conduct of the |
---|
1451 | 1452 | | business of the committee; |
---|
1452 | 1453 | | (2) appoint all subcommittees and determine the number |
---|
1453 | 1454 | | of members to serve on each subcommittee; |
---|
1454 | 1455 | | (3) in consultation with members of the committee, |
---|
1455 | 1456 | | schedule the work of the committee and determine the order in which |
---|
1456 | 1457 | | the committee shall consider and act on bills, resolutions, and |
---|
1457 | 1458 | | other matters referred to the committee; |
---|
1458 | 1459 | | (4) have authority to employ and discharge the staff |
---|
1459 | 1460 | | and employees authorized for the committee and have supervision and |
---|
1460 | 1461 | | control over all the staff and employees; |
---|
1461 | 1462 | | (5) direct the preparation of all committee reports. |
---|
1462 | 1463 | | No committee report shall be official until signed by the chair of |
---|
1463 | 1464 | | the committee, or by the person acting as chair, or by a majority of |
---|
1464 | 1465 | | the membership of the committee; |
---|
1465 | 1466 | | (6) determine the necessity for public hearings, |
---|
1466 | 1467 | | schedule hearings, and be responsible for directing the posting of |
---|
1467 | 1468 | | notice of hearings as required by the rules; |
---|
1468 | 1469 | | (7) preside at all meetings of the committee and |
---|
1469 | 1470 | | control its deliberations and activities in accordance with |
---|
1470 | 1471 | | acceptable parliamentary procedure; and |
---|
1471 | 1472 | | (8) have authority to direct the sergeant-at-arms to |
---|
1472 | 1473 | | assist, where necessary, in enforcing the will of the committee. |
---|
1473 | 1474 | | Sec. 7. BILL ANALYSES. Except for the general |
---|
1474 | 1475 | | appropriations bill, for each bill or joint resolution referred to |
---|
1475 | 1476 | | the committee, the staff of the committee shall be responsible for |
---|
1476 | 1477 | | distributing a copy of a bill analysis to each member of the |
---|
1477 | 1478 | | committee and the author of a house measure at the earliest possible |
---|
1478 | 1479 | | opportunity but not later than the first time the measure is laid |
---|
1479 | 1480 | | out in a committee meeting. |
---|
1480 | 1481 | | CHAPTER B. PROCEDURE |
---|
1481 | 1482 | | Sec. 8. MEETINGS. (a) As soon as practicable after |
---|
1482 | 1483 | | standing committees are constituted and organized, the committee |
---|
1483 | 1484 | | coordinator, under the direction of the Committee on House |
---|
1484 | 1485 | | Administration, shall prepare a schedule for regular meetings of |
---|
1485 | 1486 | | all standing committees. This schedule shall be published in the |
---|
1486 | 1487 | | house journal and posted in a convenient and conspicuous place near |
---|
1487 | 1488 | | the entrance to the house and on other posting boards for committee |
---|
1488 | 1489 | | meeting notices, as determined necessary by the Committee on House |
---|
1489 | 1490 | | Administration. To the extent practicable during each regular |
---|
1490 | 1491 | | session, standing committees shall conduct regular committee |
---|
1491 | 1492 | | meetings in accordance with the schedule of meetings prepared by |
---|
1492 | 1493 | | the committee coordinator under the supervision of the Committee on |
---|
1493 | 1494 | | House Administration. |
---|
1494 | 1495 | | (b) Standing committees shall meet at other times as may be |
---|
1495 | 1496 | | determined by the committee, or as may be called by the chair. |
---|
1496 | 1497 | | Subcommittees of standing committees shall likewise meet at other |
---|
1497 | 1498 | | times as may be determined by the committee, or as may be called by |
---|
1498 | 1499 | | the chair of the committee or subcommittee. |
---|
1499 | 1500 | | (c) Committees shall also meet in such places and at such |
---|
1500 | 1501 | | times as the speaker may designate. |
---|
1501 | 1502 | | Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing |
---|
1502 | 1503 | | committee or subcommittee shall meet during the time the house is in |
---|
1503 | 1504 | | session without permission being given by a majority vote of the |
---|
1504 | 1505 | | house. No standing committee or subcommittee shall conduct its |
---|
1505 | 1506 | | meeting on the floor of the house or in the house chamber while the |
---|
1506 | 1507 | | house is in session, but shall, if given permission to meet while |
---|
1507 | 1508 | | the house is in session, retire to a designated committee room for |
---|
1508 | 1509 | | the conduct of its meeting. |
---|
1509 | 1510 | | Sec. 10. PURPOSES FOR MEETING. A committee or a |
---|
1510 | 1511 | | subcommittee may be assembled for: |
---|
1511 | 1512 | | (1) a public hearing where testimony is to be heard, |
---|
1512 | 1513 | | and where official action may be taken, on bills, resolutions, or |
---|
1513 | 1514 | | other matters; |
---|
1514 | 1515 | | (2) a formal meeting where the committee may discuss |
---|
1515 | 1516 | | and take official action on bills, resolutions, or other matters |
---|
1516 | 1517 | | without testimony; and |
---|
1517 | 1518 | | (3) a work session where the committee may discuss |
---|
1518 | 1519 | | bills, resolutions, or other matters but take no formal action. |
---|
1519 | 1520 | | Sec. 11. POSTING NOTICE. (a) No committee or |
---|
1520 | 1521 | | subcommittee, including a calendars committee, shall assemble for |
---|
1521 | 1522 | | the purpose of a public hearing during a regular session unless |
---|
1522 | 1523 | | notice of the hearing has been posted in accordance with the rules |
---|
1523 | 1524 | | at least five calendar days in advance of the hearing. No committee |
---|
1524 | 1525 | | or subcommittee, including a calendars committee, shall assemble |
---|
1525 | 1526 | | for the purpose of a public hearing during a special session unless |
---|
1526 | 1527 | | notice of the hearing has been posted in accordance with the rules |
---|
1527 | 1528 | | at least 24 hours in advance of the hearing. The committee minutes |
---|
1528 | 1529 | | shall reflect the date of each posting of notice. Notice shall not |
---|
1529 | 1530 | | be required for a public hearing or a formal meeting on a senate |
---|
1530 | 1531 | | bill which is substantially the same as a house bill that has |
---|
1531 | 1532 | | previously been the subject of a duly posted public hearing by the |
---|
1532 | 1533 | | committee. |
---|
1533 | 1534 | | (b) No committee or subcommittee, including a calendars |
---|
1534 | 1535 | | committee, shall assemble for the purpose of a formal meeting or |
---|
1535 | 1536 | | work session during a regular or special session unless written |
---|
1536 | 1537 | | notice has been posted and transmitted to each member of the |
---|
1537 | 1538 | | committee two hours in advance of the meeting or an announcement has |
---|
1538 | 1539 | | been filed with the journal clerk and read by the reading clerk |
---|
1539 | 1540 | | while the house is in session. |
---|
1540 | 1541 | | (c) All committees meeting during the interim for the |
---|
1541 | 1542 | | purpose of a formal meeting, work session, or public hearing shall |
---|
1542 | 1543 | | post notice in accordance with the rules and notify members of the |
---|
1543 | 1544 | | committee at least five calendar days in advance of the meeting. |
---|
1544 | 1545 | | Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a |
---|
1545 | 1546 | | committee or subcommittee, including a calendars committee, shall |
---|
1546 | 1547 | | be open to other members, the press, and the public unless |
---|
1547 | 1548 | | specifically provided otherwise by resolution adopted by the house. |
---|
1548 | 1549 | | However, the General Investigating Committee or a committee |
---|
1549 | 1550 | | considering an impeachment, an address, the punishment of a member |
---|
1550 | 1551 | | of the house, or any other matter of a quasi-judicial nature may |
---|
1551 | 1552 | | meet in executive session for the limited purpose of examining a |
---|
1552 | 1553 | | witness or deliberating, considering, or debating a decision, but |
---|
1553 | 1554 | | no decision may be made or voted on except in a meeting that is open |
---|
1554 | 1555 | | to the public and otherwise in compliance with the rules of the |
---|
1555 | 1556 | | house. |
---|
1556 | 1557 | | Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of |
---|
1557 | 1558 | | Procedure of the House of Representatives, and to the extent |
---|
1558 | 1559 | | applicable, the rules of evidence and procedure in the civil courts |
---|
1559 | 1560 | | of Texas, shall govern the hearings and operations of each |
---|
1560 | 1561 | | committee, including a calendars committee. Subject to the |
---|
1561 | 1562 | | foregoing, and to the extent necessary for orderly transaction of |
---|
1562 | 1563 | | business, each committee may promulgate and adopt additional rules |
---|
1563 | 1564 | | and procedures by which it will function. A copy of the rules and |
---|
1564 | 1565 | | procedures adopted by a committee must be filed with the chief |
---|
1565 | 1566 | | clerk. If the house is convened in a regular or special session, a |
---|
1566 | 1567 | | copy of the rules and procedures shall also be delivered to the |
---|
1567 | 1568 | | journal clerk and printed in the journal. |
---|
1568 | 1569 | | (b) No standing committee, including a calendars committee, |
---|
1569 | 1570 | | or any subcommittee, shall adopt any rule of procedure, including |
---|
1570 | 1571 | | but not limited to an automatic subcommittee rule, which will have |
---|
1571 | 1572 | | the effect of thwarting the will of the majority of the committee or |
---|
1572 | 1573 | | subcommittee or denying the committee or subcommittee the right to |
---|
1573 | 1574 | | ultimately dispose of any pending matter by action of a majority of |
---|
1574 | 1575 | | the committee or subcommittee. A bill or resolution may not be laid |
---|
1575 | 1576 | | on the table subject to call in committee without a majority vote of |
---|
1576 | 1577 | | the committee. |
---|
1577 | 1578 | | (c) Each committee of the house shall have authority to |
---|
1578 | 1579 | | determine whether or not to permit television, radio, or Internet |
---|
1579 | 1580 | | broadcasts, other than official house broadcasts, of any of its |
---|
1580 | 1581 | | proceedings. |
---|
1581 | 1582 | | Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from |
---|
1582 | 1583 | | rulings of the chair of a committee shall be in order if seconded by |
---|
1583 | 1584 | | three members of the committee, which may include the member making |
---|
1584 | 1585 | | the appeal. Procedure in committee following an appeal which has |
---|
1585 | 1586 | | been seconded shall be the same as the procedure followed in the |
---|
1586 | 1587 | | house in a similar situation. |
---|
1587 | 1588 | | Sec. 15. PREVIOUS QUESTION. Before the previous question |
---|
1588 | 1589 | | can be ordered in a committee, the motion therefor must be seconded |
---|
1589 | 1590 | | by not less than 4 members of a committee consisting of 21 or more |
---|
1590 | 1591 | | members, 3 members of a committee consisting of less than 21 members |
---|
1591 | 1592 | | and more than 10 members, or 2 members of a committee consisting of |
---|
1592 | 1593 | | 10 members or less. If the motion is properly seconded and ordered |
---|
1593 | 1594 | | by a majority vote of the committee, further debate on the |
---|
1594 | 1595 | | proposition under consideration shall be terminated, and the |
---|
1595 | 1596 | | proposition shall be immediately put to a vote of the committee for |
---|
1596 | 1597 | | its action. |
---|
1597 | 1598 | | Sec. 16. QUORUM. A majority of a committee shall |
---|
1598 | 1599 | | constitute a quorum. No action or recommendation of a committee |
---|
1599 | 1600 | | shall be valid unless taken at a meeting of the committee with a |
---|
1600 | 1601 | | quorum actually present, and the committee minutes shall reflect |
---|
1601 | 1602 | | the names of those members of the committee who were actually |
---|
1602 | 1603 | | present. No committee report shall be made to the house nor shall |
---|
1603 | 1604 | | bills or resolutions be placed on a calendar unless ordered by a |
---|
1604 | 1605 | | majority of the membership of the committee, except as otherwise |
---|
1605 | 1606 | | provided in the rules, and a quorum of the committee must be present |
---|
1606 | 1607 | | when the vote is taken on reporting a bill or resolution, on placing |
---|
1607 | 1608 | | bills or resolutions on a calendar, or on taking any other formal |
---|
1608 | 1609 | | action within the authority of the committee. No committee report |
---|
1609 | 1610 | | shall be made nor shall bills or resolutions be placed on a calendar |
---|
1610 | 1611 | | except by record vote of the members of the committee, with the yeas |
---|
1611 | 1612 | | and nays to be recorded in the minutes of the committee. Proxies |
---|
1612 | 1613 | | cannot be used in committees. |
---|
1613 | 1614 | | Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in |
---|
1614 | 1615 | | order to move a call of a committee at any time to secure and |
---|
1615 | 1616 | | maintain a quorum for any one or more of the following purposes: |
---|
1616 | 1617 | | (1) for the consideration of a specific bill, |
---|
1617 | 1618 | | resolution, or other matter; |
---|
1618 | 1619 | | (2) for a definite period of time; or |
---|
1619 | 1620 | | (3) for the consideration of any designated class of |
---|
1620 | 1621 | | bills or other matters. |
---|
1621 | 1622 | | (b) When a call of a committee is moved for one or more of |
---|
1622 | 1623 | | the foregoing purposes and seconded by two members, one of whom may |
---|
1623 | 1624 | | be the chair, and is ordered by a majority of the members present, |
---|
1624 | 1625 | | no member shall thereafter be permitted to leave the committee |
---|
1625 | 1626 | | meeting without written permission from the chair. After the call |
---|
1626 | 1627 | | is ordered, and in the absence of a quorum, the chair shall have the |
---|
1627 | 1628 | | authority to authorize the sergeant-at-arms to locate absent |
---|
1628 | 1629 | | members of the committee and to compel their attendance for the |
---|
1629 | 1630 | | duration of the call. |
---|
1630 | 1631 | | Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee, |
---|
1631 | 1632 | | including a calendars committee, the chair, or the member acting as |
---|
1632 | 1633 | | chair, shall keep complete minutes of the proceedings in committee, |
---|
1633 | 1634 | | which shall include: |
---|
1634 | 1635 | | (1) the time and place of each meeting of the |
---|
1635 | 1636 | | committee; |
---|
1636 | 1637 | | (2) a roll call to determine the members present at |
---|
1637 | 1638 | | each meeting of the committee, whether that meeting follows an |
---|
1638 | 1639 | | adjournment or a recess from a previous committee meeting; |
---|
1639 | 1640 | | (3) an accurate record of all votes taken, including a |
---|
1640 | 1641 | | listing of the yeas and nays cast on a record vote; |
---|
1641 | 1642 | | (4) the date of posting of notice of the meeting; and |
---|
1642 | 1643 | | (5) other information that the chair shall determine. |
---|
1643 | 1644 | | (b) The minutes for each public hearing of a committee shall |
---|
1644 | 1645 | | also include an attachment listing the names of the persons, other |
---|
1645 | 1646 | | than members of the legislature, and the persons or entities |
---|
1646 | 1647 | | represented by those persons, who were recognized by the chair to |
---|
1647 | 1648 | | address the committee. The attachment shall also list the name of |
---|
1648 | 1649 | | each person, other than a member of the legislature, who submitted |
---|
1649 | 1650 | | to the committee a sworn statement indicating that the person was |
---|
1650 | 1651 | | present in favor of, in opposition to, or without taking a position |
---|
1651 | 1652 | | on the measure or other matter, but who because of the person's |
---|
1652 | 1653 | | departure or other reason was not recognized by the chair to address |
---|
1653 | 1654 | | the committee; provided that the omission of the name of such a |
---|
1654 | 1655 | | person is not subject to a point of order. |
---|
1655 | 1656 | | (c) Committee minutes shall be corrected only at the |
---|
1656 | 1657 | | direction of the chair as authorized by a majority vote of the |
---|
1657 | 1658 | | committee. Duplicate originals of committee minutes shall be |
---|
1658 | 1659 | | maintained, one to remain with the committee chair and the other to |
---|
1659 | 1660 | | be filed with the committee coordinator. The committee minutes of a |
---|
1660 | 1661 | | meeting of the Appropriations Committee on the general |
---|
1661 | 1662 | | appropriations bill must be filed with the committee coordinator |
---|
1662 | 1663 | | within five days of the committee meeting. All other committee |
---|
1663 | 1664 | | minutes must be filed with the committee coordinator within three |
---|
1664 | 1665 | | days of the committee meeting for a substantive committee or the |
---|
1665 | 1666 | | Committee on Redistricting, and within one day of the committee |
---|
1666 | 1667 | | meeting for a procedural committee other than the Committee on |
---|
1667 | 1668 | | Redistricting. If the date on which the committee minutes are due |
---|
1668 | 1669 | | occurs on a Saturday, Sunday, or holiday on which the house is not |
---|
1669 | 1670 | | in session, the committee minutes shall be filed on the following |
---|
1670 | 1671 | | working day. The time at which the minutes are filed shall be |
---|
1671 | 1672 | | time-stamped on the duplicate originals of the minutes that are |
---|
1672 | 1673 | | filed with the committee coordinator. The duplicate originals |
---|
1673 | 1674 | | shall be available at all reasonable business hours for inspection |
---|
1674 | 1675 | | by members or the public. |
---|
1675 | 1676 | | (d) The committee coordinator shall maintain the minutes |
---|
1676 | 1677 | | and records safe from loss, destruction, and alteration at all |
---|
1677 | 1678 | | times, and may, at any time, turn them, or any portion, over to the |
---|
1678 | 1679 | | Committee on House Administration. |
---|
1679 | 1680 | | Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The |
---|
1680 | 1681 | | committee coordinator shall establish procedures for making |
---|
1681 | 1682 | | available to the public on the Internet documents relating to the |
---|
1682 | 1683 | | proceedings of substantive committees. |
---|
1683 | 1684 | | (b) A substantive committee shall make available to the |
---|
1684 | 1685 | | public on the Internet: |
---|
1685 | 1686 | | (1) any committee substitute or amendment laid before |
---|
1686 | 1687 | | the committee; and |
---|
1687 | 1688 | | (2) any nonconfidential written testimony submitted |
---|
1688 | 1689 | | by a state agency for consideration by the committee that relates to |
---|
1689 | 1690 | | a measure referred to the committee. |
---|
1690 | 1691 | | (c) A committee's failure to comply with this section is not |
---|
1691 | 1692 | | subject to a point of order. |
---|
1692 | 1693 | | Sec. 19. RECORDING OF TESTIMONY. All testimony before |
---|
1693 | 1694 | | committees and subcommittees shall be electronically recorded |
---|
1694 | 1695 | | under the direction of the Committee on House Administration. |
---|
1695 | 1696 | | Copies of the testimony may be released under guidelines |
---|
1696 | 1697 | | promulgated by the Committee on House Administration. |
---|
1697 | 1698 | | Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The |
---|
1698 | 1699 | | Committee on House Administration shall ensure that an audio and |
---|
1699 | 1700 | | video recording of any public hearing, formal meeting, or work |
---|
1700 | 1701 | | session of the Committee on Appropriations or a subcommittee of the |
---|
1701 | 1702 | | Committee on Appropriations is made available to the public on the |
---|
1702 | 1703 | | Internet in a timely manner. |
---|
1703 | 1704 | | (b) To the extent that current technological capabilities |
---|
1704 | 1705 | | prohibit immediate implementation of this section, the Committee on |
---|
1705 | 1706 | | House Administration shall use the committee's best efforts to |
---|
1706 | 1707 | | conform to the requirements of this section as soon as practicable. |
---|
1707 | 1708 | | Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee |
---|
1708 | 1709 | | coordinator, under the direction of the Committee on House |
---|
1709 | 1710 | | Administration, shall prescribe the form of a sworn statement, |
---|
1710 | 1711 | | which may be in electronic or paper format, to be executed by all |
---|
1711 | 1712 | | persons, other than members, who wish to be recognized by the chair |
---|
1712 | 1713 | | to address the committee. The statement shall provide for showing |
---|
1713 | 1714 | | at least: |
---|
1714 | 1715 | | (1) the committee or subcommittee; |
---|
1715 | 1716 | | (2) the name, address, and telephone number of the |
---|
1716 | 1717 | | person appearing; |
---|
1717 | 1718 | | (3) the person, firm, corporation, class, or group |
---|
1718 | 1719 | | represented; |
---|
1719 | 1720 | | (4) the type of business, profession, or occupation in |
---|
1720 | 1721 | | which the person is engaged, if the person is representing himself |
---|
1721 | 1722 | | or herself; and |
---|
1722 | 1723 | | (5) the matter before the committee on which the |
---|
1723 | 1724 | | person wishes to be recognized to address the committee and whether |
---|
1724 | 1725 | | for, against, or neutral on the matter. |
---|
1725 | 1726 | | (b) No person shall be recognized by the chair to address |
---|
1726 | 1727 | | the committee in favor of, in opposition to, or without taking a |
---|
1727 | 1728 | | position on a matter until the sworn statement has been filed with |
---|
1728 | 1729 | | the chair of the committee. The chair of the committee shall |
---|
1729 | 1730 | | indicate whether the person completing the statement was recognized |
---|
1730 | 1731 | | to address the committee. |
---|
1731 | 1732 | | (c) Sworn statements submitted in paper format for those |
---|
1732 | 1733 | | persons recognized by the chair to address the committee shall |
---|
1733 | 1734 | | accompany the copy of the minutes of the meeting filed with the |
---|
1734 | 1735 | | committee coordinator. |
---|
1735 | 1736 | | (d) All persons, other than members, recognized by the chair |
---|
1736 | 1737 | | to address the committee shall give their testimony under oath, and |
---|
1737 | 1738 | | each committee may avail itself of additional powers and |
---|
1738 | 1739 | | prerogatives authorized by law. |
---|
1739 | 1740 | | (e) The committee shall ensure that an individual who is |
---|
1740 | 1741 | | blind receives any necessary assistance in executing the sworn |
---|
1741 | 1742 | | statement. |
---|
1742 | 1743 | | (f) The committee shall inform a witness who is blind which |
---|
1743 | 1744 | | members of the committee are present when the witness begins to |
---|
1744 | 1745 | | testify and shall inform the witness during the testimony of the |
---|
1745 | 1746 | | departure and arrival of committee members. |
---|
1746 | 1747 | | (g) The chair may recognize a witness who has been invited |
---|
1747 | 1748 | | by the committee to attend the meeting but is not present in the |
---|
1748 | 1749 | | same physical location as the committee to testify before the |
---|
1749 | 1750 | | committee through an Internet or other videoconferencing system if: |
---|
1750 | 1751 | | (1) the witness has executed a sworn statement, in |
---|
1751 | 1752 | | electronic or paper format, under this section; |
---|
1752 | 1753 | | (2) the witness has filed the statement or a copy of |
---|
1753 | 1754 | | the statement with the chair before testifying; and |
---|
1754 | 1755 | | (3) two-way communication has been enabled to allow |
---|
1755 | 1756 | | the witness to be clearly visible and audible to the committee |
---|
1756 | 1757 | | members and the committee members to be clearly visible and audible |
---|
1757 | 1758 | | to the witness. |
---|
1758 | 1759 | | (h) A person who serves as a translator, including an |
---|
1759 | 1760 | | interpreter, for a witness before a committee must execute a form |
---|
1760 | 1761 | | prescribed by the committee coordinator, under the direction of the |
---|
1761 | 1762 | | Committee on House Administration. The form must at least include |
---|
1762 | 1763 | | the name of the translator and the name of the witness whom the |
---|
1763 | 1764 | | translator is serving. |
---|
1764 | 1765 | | Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a) |
---|
1765 | 1766 | | By a record vote of not less than two-thirds of those present and |
---|
1766 | 1767 | | voting, a quorum being present, each standing committee shall have |
---|
1767 | 1768 | | the power and authority to issue process to witnesses at any place |
---|
1768 | 1769 | | in the State of Texas, to compel their attendance, and to compel the |
---|
1769 | 1770 | | production of all books, records, and instruments. If necessary to |
---|
1770 | 1771 | | obtain compliance with subpoenas or other process, the committee |
---|
1771 | 1772 | | shall have the power to issue writs of attachment. All process |
---|
1772 | 1773 | | issued by the committee may be addressed to and served by an agent |
---|
1773 | 1774 | | of the committee or a sergeant-at-arms appointed by the committee |
---|
1774 | 1775 | | or by any peace officer of the State of Texas. The committee shall |
---|
1775 | 1776 | | also have the power to cite and have prosecuted for contempt, in the |
---|
1776 | 1777 | | manner provided by law, anyone disobeying the subpoenas or other |
---|
1777 | 1778 | | process lawfully issued by the committee. The chair of the |
---|
1778 | 1779 | | committee shall issue, in the name of the committee, the subpoenas |
---|
1779 | 1780 | | and other process as the committee may direct. |
---|
1780 | 1781 | | (b) The chair may summon the governing board or other |
---|
1781 | 1782 | | representatives of a state agency to appear and testify before the |
---|
1782 | 1783 | | committee without issuing process under Subsection (a) of this |
---|
1783 | 1784 | | section. The summons may be communicated in writing, orally, or |
---|
1784 | 1785 | | electronically. If the persons summoned fail or refuse to appear, |
---|
1785 | 1786 | | the committee may issue process under Subsection (a) of this |
---|
1786 | 1787 | | section. |
---|
1787 | 1788 | | Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to |
---|
1788 | 1789 | | prior approval by the Committee on House Administration, witnesses |
---|
1789 | 1790 | | attending proceedings of any committee under process of the |
---|
1790 | 1791 | | committee shall be allowed the same mileage and per diem as are |
---|
1791 | 1792 | | allowed members of the committee when in a travel status, to be paid |
---|
1792 | 1793 | | out of the contingent expense fund of the house of representatives |
---|
1793 | 1794 | | on vouchers approved by the chair of the committee, the chair of the |
---|
1794 | 1795 | | Committee on House Administration, and the speaker of the house. |
---|
1795 | 1796 | | Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES. |
---|
1796 | 1797 | | Each committee is authorized to request the assistance, when |
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1797 | 1798 | | needed, of all state departments, agencies, and offices, and it |
---|
1798 | 1799 | | shall be the duty of the departments, agencies, and offices to |
---|
1799 | 1800 | | assist the committee when requested to do so. Each committee shall |
---|
1800 | 1801 | | have the power and authority to inspect the records, documents, and |
---|
1801 | 1802 | | files of every state department, agency, and office, to the extent |
---|
1802 | 1803 | | necessary to the discharge of its duties within the area of its |
---|
1803 | 1804 | | jurisdiction. |
---|
1804 | 1805 | | Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a |
---|
1805 | 1806 | | meeting of a committee, the chair may recognize a member of the |
---|
1806 | 1807 | | house who is not a member of the committee to provide information to |
---|
1807 | 1808 | | the committee, and may recognize a member of the senate for that |
---|
1808 | 1809 | | purpose. Recognition is solely within the discretion of the chair |
---|
1809 | 1810 | | and is not subject to appeal by that member. |
---|
1810 | 1811 | | CHAPTER C. COMMITTEE FUNCTIONS |
---|
1811 | 1812 | | Sec. 24. INTERIM STUDIES AND HEARINGS. (a) Standing |
---|
1812 | 1813 | | committees, en banc or by subcommittees, are hereby authorized to |
---|
1813 | 1814 | | conduct studies that are authorized by the speaker pursuant to Rule |
---|
1814 | 1815 | | 1, Section 17. Studies may not be authorized by resolution. The |
---|
1815 | 1816 | | speaker may appoint public citizens and officials of state and |
---|
1816 | 1817 | | local governments to standing committees to augment the membership |
---|
1817 | 1818 | | for the purpose of interim studies and shall provide a list of such |
---|
1818 | 1819 | | appointments to the chief clerk. The chair of the standing |
---|
1819 | 1820 | | committee shall have authority to name the subcommittees necessary |
---|
1820 | 1821 | | and desirable for the conduct of the interim studies and shall also |
---|
1821 | 1822 | | prepare a budget for interim studies for approval by the Committee |
---|
1822 | 1823 | | on House Administration. |
---|
1823 | 1824 | | (b) The Committee on Appropriations shall hold one or more |
---|
1824 | 1825 | | public hearings to examine the requests for legislative |
---|
1825 | 1826 | | appropriations submitted by each major state agency and institution |
---|
1826 | 1827 | | of higher education under Section 322.007, Government Code, and any |
---|
1827 | 1828 | | other law, to the Legislative Budget Board following sine die |
---|
1828 | 1829 | | adjournment of the regular session. The committee may require the |
---|
1829 | 1830 | | head or any employee of an agency or institution submitting a |
---|
1830 | 1831 | | request to appear at a public hearing and present information about |
---|
1831 | 1832 | | the request. A subcommittee may perform the committee's duties |
---|
1832 | 1833 | | under this subsection as determined by the chair of the committee. |
---|
1833 | 1834 | | As used in this subsection, "major state agency" means an agency for |
---|
1834 | 1835 | | which the most recent general appropriations act made an |
---|
1835 | 1836 | | appropriation in the amount of $40 million or more. |
---|
1836 | 1837 | | Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A |
---|
1837 | 1838 | | CALENDAR. No motion is in order in a committee considering a bill, |
---|
1838 | 1839 | | resolution, or other matter that would prevent the committee from |
---|
1839 | 1840 | | reporting it back to the house or placing it on a calendar in |
---|
1840 | 1841 | | accordance with the Rules of the House. |
---|
1841 | 1842 | | Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a |
---|
1842 | 1843 | | committee on bills or resolutions referred to it shall be |
---|
1843 | 1844 | | considered as final unless it is in the form of a favorable report, |
---|
1844 | 1845 | | an unfavorable report, or a report of inability to recommend a |
---|
1845 | 1846 | | course of action. |
---|
1846 | 1847 | | Sec. 27. VOTE ON MOTION TO REPORT. Motions made in |
---|
1847 | 1848 | | committee to report favorably or unfavorably must receive |
---|
1848 | 1849 | | affirmative majority votes, majority negative votes to either |
---|
1849 | 1850 | | motion being insufficient to report. If a committee is unable to |
---|
1850 | 1851 | | agree on a recommendation for action, as in the case of a tie vote, |
---|
1851 | 1852 | | it should submit a statement of this fact as its report, and the |
---|
1852 | 1853 | | house shall decide, by a majority vote, the disposition of the |
---|
1853 | 1854 | | matter by one of the following alternatives: |
---|
1854 | 1855 | | (1) leave the bill in the committee for further |
---|
1855 | 1856 | | consideration; |
---|
1856 | 1857 | | (2) refer the bill to some other committee; or |
---|
1857 | 1858 | | (3) order the bill printed, in which case the bill |
---|
1858 | 1859 | | shall go to the Committee on Calendars for placement on a calendar |
---|
1859 | 1860 | | and for proposal of an appropriate rule for house consideration. |
---|
1860 | 1861 | | Sec. 28. MINORITY REPORTS. The report of a minority of a |
---|
1861 | 1862 | | committee shall be made in the same general form as a majority |
---|
1862 | 1863 | | report. No minority report shall be recognized by the house unless |
---|
1863 | 1864 | | it has been signed by not less than 4 members of a committee |
---|
1864 | 1865 | | consisting of 21 or more members, 3 members of a committee |
---|
1865 | 1866 | | consisting of less than 21 members and more than 10 members, or 2 |
---|
1866 | 1867 | | members of a committee consisting of 10 or less members. Only |
---|
1867 | 1868 | | members who were present when the vote was taken on the bill, |
---|
1868 | 1869 | | resolution, or other matter being reported, and who voted on the |
---|
1869 | 1870 | | losing side, may sign a minority report. Notice of intention to |
---|
1870 | 1871 | | file a minority report shall be given to the assembled committee |
---|
1871 | 1872 | | after the vote on the bill, resolution, or other matter, and before |
---|
1872 | 1873 | | the recess or adjournment of the committee, provided ample |
---|
1873 | 1874 | | opportunity is afforded for the giving of notice; otherwise, notice |
---|
1874 | 1875 | | may be given in writing to the chief clerk within 24 hours after the |
---|
1875 | 1876 | | recess or adjournment of the committee. |
---|
1876 | 1877 | | Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the |
---|
1877 | 1878 | | majority report on a bill is unfavorable, and a favorable minority |
---|
1878 | 1879 | | report is not signed in accordance with Section 28 of this rule and |
---|
1879 | 1880 | | filed with the chief clerk within two calendar days, exclusive of |
---|
1880 | 1881 | | Sunday and the date of committee action, the chief clerk shall file |
---|
1881 | 1882 | | the bill away as dead; except during the last 15 calendar days of a |
---|
1882 | 1883 | | regular session, or the last 7 calendar days of a special session, |
---|
1883 | 1884 | | when the chief clerk shall hold a bill only one calendar day, |
---|
1884 | 1885 | | exclusive of Sunday and the date of committee action, awaiting the |
---|
1885 | 1886 | | filing of a minority report before the bill is filed away as dead. |
---|
1886 | 1887 | | If the favorable minority report is properly signed and filed, the |
---|
1887 | 1888 | | chief clerk shall hold the bill for five legislative days, |
---|
1888 | 1889 | | exclusive of the legislative day in which the minority report was |
---|
1889 | 1890 | | filed, awaiting adoption by the house of a motion to print the bill |
---|
1890 | 1891 | | on minority report. If the motion to print is carried, the bill |
---|
1891 | 1892 | | shall be printed as if it had been reported favorably, and shall |
---|
1892 | 1893 | | then be immediately forwarded to the Committee on Calendars for |
---|
1893 | 1894 | | placement on a calendar and for proposal of an appropriate rule for |
---|
1894 | 1895 | | house consideration. If a motion to print a bill on minority report |
---|
1895 | 1896 | | is not made within the five legislative days authorized above, the |
---|
1896 | 1897 | | chief clerk shall file the bill away as dead. It shall not be in |
---|
1897 | 1898 | | order to move to recommit a bill adversely reported with no minority |
---|
1898 | 1899 | | report, except as provided in Section 30 of this rule. A two-thirds |
---|
1899 | 1900 | | vote of the house shall be required to print on minority report a |
---|
1900 | 1901 | | joint resolution proposing an amendment to the Constitution of |
---|
1901 | 1902 | | Texas. |
---|
1902 | 1903 | | Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE |
---|
1903 | 1904 | | AUTHOR. No adverse report shall be made on any bill or resolution |
---|
1904 | 1905 | | by any committee without first giving the author or sponsor of the |
---|
1905 | 1906 | | bill an opportunity to be heard. If it becomes evident to the house |
---|
1906 | 1907 | | that a bill has been reported adversely without the author or |
---|
1907 | 1908 | | sponsor having had an opportunity to be heard as provided in this |
---|
1908 | 1909 | | section, the house may, by a majority vote, order the bill |
---|
1909 | 1910 | | recommitted even though no minority report was filed in the manner |
---|
1910 | 1911 | | prescribed by the rules. This provision shall have precedence over |
---|
1911 | 1912 | | Rule 7, Section 20. |
---|
1912 | 1913 | | Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is |
---|
1913 | 1914 | | reported adversely, it shall be subject to the same rules that |
---|
1914 | 1915 | | govern other bills reported adversely. |
---|
1915 | 1916 | | Sec. 32. FORM OF REPORTS. (a) Reports of standing |
---|
1916 | 1917 | | committees on bills and resolutions shall be made in duplicate, |
---|
1917 | 1918 | | with one copy to be filed with the journal clerk for printing in the |
---|
1918 | 1919 | | journal and the other to accompany the original bill. |
---|
1919 | 1920 | | (b) All committee reports must be in writing and shall: |
---|
1920 | 1921 | | (1) be signed by the chair, or the member acting as |
---|
1921 | 1922 | | chair, or a majority of the membership of the committee; |
---|
1922 | 1923 | | (2) be addressed to the speaker; |
---|
1923 | 1924 | | (3) contain a statement of the recommendations of the |
---|
1924 | 1925 | | committee with reference to the matter which is the subject of the |
---|
1925 | 1926 | | report; |
---|
1926 | 1927 | | (4) contain the date the committee made its |
---|
1927 | 1928 | | recommendation; |
---|
1928 | 1929 | | (5) indicate whether a copy of a bill or resolution was |
---|
1929 | 1930 | | forwarded to the Legislative Budget Board for preparation of a |
---|
1930 | 1931 | | fiscal note or other impact statement, if applicable; |
---|
1931 | 1932 | | (6) contain the record vote by which the report was |
---|
1932 | 1933 | | adopted, including the vote of each member of the committee; |
---|
1933 | 1934 | | (7) contain the recommendation that the bill or |
---|
1934 | 1935 | | resolution be sent to the Committee on Local and Consent Calendars |
---|
1935 | 1936 | | for placement on the local, consent, and resolutions calendar if |
---|
1936 | 1937 | | applicable; |
---|
1937 | 1938 | | (8) state the name of the primary house sponsor of all |
---|
1938 | 1939 | | senate bills and resolutions and indicate the names of all joint |
---|
1939 | 1940 | | sponsors or cosponsors; |
---|
1940 | 1941 | | (9) include a summary of the committee hearing on the |
---|
1941 | 1942 | | bill or resolution; |
---|
1942 | 1943 | | (10) include a list of the names of the persons, other |
---|
1943 | 1944 | | than members of the legislature, and persons or entities |
---|
1944 | 1945 | | represented by those persons, who submitted to the committee sworn |
---|
1945 | 1946 | | statements indicating that the persons were present in favor of, in |
---|
1946 | 1947 | | opposition to, or without taking a position on the bill or |
---|
1947 | 1948 | | resolution. The omission from the list of the name of a person who |
---|
1948 | 1949 | | submitted a sworn statement regarding a bill or resolution but who |
---|
1949 | 1950 | | was not recognized by the chair to address the committee is not |
---|
1950 | 1951 | | subject to a point of order; |
---|
1951 | 1952 | | (11) for a joint resolution proposing a constitutional |
---|
1952 | 1953 | | amendment, include the bill number of any enabling legislation for |
---|
1953 | 1954 | | the constitutional amendment designated as such by the author or |
---|
1954 | 1955 | | sponsor of the joint resolution; |
---|
1955 | 1956 | | (12) for a bill that is designated by the author or |
---|
1956 | 1957 | | sponsor of the bill as enabling legislation for a constitutional |
---|
1957 | 1958 | | amendment proposed by a joint resolution, include the number of the |
---|
1958 | 1959 | | joint resolution; and |
---|
1959 | 1960 | | (13) contain a copy of each form executed by a |
---|
1960 | 1961 | | translator for a witness as required by Section 20(h) of this rule. |
---|
1961 | 1962 | | (c) Except for the general appropriations bill, each |
---|
1962 | 1963 | | committee report on a bill or joint resolution, including a |
---|
1963 | 1964 | | complete committee substitute, and, to the extent considered |
---|
1964 | 1965 | | necessary by the committee, a committee report on any other |
---|
1965 | 1966 | | resolution, must include in summary or section-by-section form a |
---|
1966 | 1967 | | detailed analysis of the subject matter of the bill or resolution, |
---|
1967 | 1968 | | specifically including: |
---|
1968 | 1969 | | (1) background information on the proposal and |
---|
1969 | 1970 | | information on what the bill or resolution proposes to do; |
---|
1970 | 1971 | | (2) an analysis of the content of the bill or |
---|
1971 | 1972 | | resolution, including a separate statement that lists each statute |
---|
1972 | 1973 | | or constitutional provision that is expressly repealed by the bill |
---|
1973 | 1974 | | or resolution; |
---|
1974 | 1975 | | (3) a statement indicating whether or not any |
---|
1975 | 1976 | | rulemaking authority is expressly delegated to a state officer, |
---|
1976 | 1977 | | department, agency, or institution, and, if so, identifying the |
---|
1977 | 1978 | | sections of the measure in which that rulemaking authority is |
---|
1978 | 1979 | | delegated; |
---|
1979 | 1980 | | (4) a statement indicating whether or not the bill or |
---|
1980 | 1981 | | resolution expressly creates a criminal offense, expressly |
---|
1981 | 1982 | | increases the punishment for an existing criminal offense or |
---|
1982 | 1983 | | category of offenses, or expressly changes the eligibility of a |
---|
1983 | 1984 | | person for community supervision, parole, or mandatory |
---|
1984 | 1985 | | supervision; |
---|
1985 | 1986 | | (5) a statement of substantial differences between a |
---|
1986 | 1987 | | complete committee substitute and the original bill; and |
---|
1987 | 1988 | | (6) a brief explanation of each amendment adopted by |
---|
1988 | 1989 | | the committee. |
---|
1989 | 1990 | | (d) The committee to which the bill or resolution is |
---|
1990 | 1991 | | referred may request the Texas Legislative Council to prepare the |
---|
1991 | 1992 | | analysis required by Subsection (c) of this section. |
---|
1992 | 1993 | | (e) A committee chair shall provide to the author of a house |
---|
1993 | 1994 | | measure a copy of the analysis required by Subsection (c) of this |
---|
1994 | 1995 | | section as soon as the analysis is complete. |
---|
1995 | 1996 | | (f) The author of a bill or resolution may request that an |
---|
1996 | 1997 | | analysis prepared for purposes of this section include a statement |
---|
1997 | 1998 | | written by the author that includes any additional information that |
---|
1998 | 1999 | | the author considers appropriate. |
---|
1999 | 2000 | | (g) It shall be the duty of the committee chair, on all |
---|
2000 | 2001 | | matters reported by the committee, to see that all provisions of |
---|
2001 | 2002 | | Rule 12 are satisfied. The chair shall strictly construe this |
---|
2002 | 2003 | | provision to achieve the desired purposes. |
---|
2003 | 2004 | | Sec. 33. FISCAL NOTES. (a) If the chair of a standing |
---|
2004 | 2005 | | committee determines that a bill or joint resolution, other than |
---|
2005 | 2006 | | the general appropriations bill, authorizes or requires the |
---|
2006 | 2007 | | expenditure or diversion of state funds for any purpose, the chair |
---|
2007 | 2008 | | shall send a copy of the measure to the Legislative Budget Board for |
---|
2008 | 2009 | | the preparation of a fiscal note outlining the fiscal implications |
---|
2009 | 2010 | | and probable cost of the measure. |
---|
2010 | 2011 | | (b) If the chair of a standing committee determines that a |
---|
2011 | 2012 | | bill or joint resolution has statewide impact on units of local |
---|
2012 | 2013 | | government of the same type or class and authorizes or requires the |
---|
2013 | 2014 | | expenditure or diversion of local funds, or creates or impacts a |
---|
2014 | 2015 | | local tax, fee, license charge, or penalty, the chair shall send a |
---|
2015 | 2016 | | copy of the measure to the Legislative Budget Board for the |
---|
2016 | 2017 | | preparation of a fiscal note outlining the fiscal implications and |
---|
2017 | 2018 | | probable cost of the measure. |
---|
2018 | 2019 | | (c) In preparing a fiscal note, the director of the |
---|
2019 | 2020 | | Legislative Budget Board may utilize information or data supplied |
---|
2020 | 2021 | | by any person, agency, organization, or governmental unit that the |
---|
2021 | 2022 | | director deems reliable. If the director determines that the fiscal |
---|
2022 | 2023 | | implications of the measure cannot be ascertained, the director |
---|
2023 | 2024 | | shall so state in the fiscal note, shall when reasonably |
---|
2024 | 2025 | | ascertainable provide an estimated range of the fiscal |
---|
2025 | 2026 | | implications, and shall include in the note a statement of the |
---|
2026 | 2027 | | reasons the director is unable to ascertain the fiscal implications |
---|
2027 | 2028 | | of the measure, in which case the fiscal note shall be in full |
---|
2028 | 2029 | | compliance with the rules. If the director of the Legislative |
---|
2029 | 2030 | | Budget Board is unable to acquire or develop sufficient information |
---|
2030 | 2031 | | to prepare the fiscal note within 15 days of receiving the measure |
---|
2031 | 2032 | | from the chair of a committee, the director shall so state in the |
---|
2032 | 2033 | | fiscal note, shall when reasonably ascertainable provide an |
---|
2033 | 2034 | | estimated range of the fiscal implications, and shall include in |
---|
2034 | 2035 | | the note a statement of the reasons the director is unable to |
---|
2035 | 2036 | | acquire or develop sufficient information, in which case the note |
---|
2036 | 2037 | | shall be in full compliance with the rules. |
---|
2037 | 2038 | | (d) If the chair determines that a fiscal note is required, |
---|
2038 | 2039 | | copies of the fiscal note must be distributed to the members of the |
---|
2039 | 2040 | | committee not later than the first time the measure is laid out in a |
---|
2040 | 2041 | | committee meeting. The fiscal note shall be attached to the measure |
---|
2041 | 2042 | | on first printing. If the measure is amended by the committee so as |
---|
2042 | 2043 | | to alter its fiscal implications, the chair shall obtain an updated |
---|
2043 | 2044 | | fiscal note, which shall also be attached to the measure on first |
---|
2044 | 2045 | | printing. |
---|
2045 | 2046 | | (e) All fiscal notes shall remain with the measure |
---|
2046 | 2047 | | throughout the entire legislative process, including submission to |
---|
2047 | 2048 | | the governor. |
---|
2048 | 2049 | | (f) All fiscal notes must include in the summary box on the |
---|
2049 | 2050 | | first page of the fiscal note a statement that indicates whether the |
---|
2050 | 2051 | | bill or joint resolution will have fiscal implications or probable |
---|
2051 | 2052 | | costs in any year. |
---|
2052 | 2053 | | Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of |
---|
2053 | 2054 | | this section that all members of the house are timely informed as to |
---|
2054 | 2055 | | the impact of proposed legislation on the state or other unit of |
---|
2055 | 2056 | | government. |
---|
2056 | 2057 | | (a-1) The chair of the appropriations committee shall send a |
---|
2057 | 2058 | | copy of the general appropriations bill to the Legislative Budget |
---|
2058 | 2059 | | Board for the preparation of a dynamic economic impact statement, |
---|
2059 | 2060 | | specifically including the number of state employees to be affected |
---|
2060 | 2061 | | and the estimated impact on employment by the private sector and |
---|
2061 | 2062 | | local governments in Texas as a result of any change in state |
---|
2062 | 2063 | | expenditures made by the bill as compared to the biennium preceding |
---|
2063 | 2064 | | the biennium to which the bill applies. |
---|
2064 | 2065 | | (b) If the chair of a standing committee determines that a |
---|
2065 | 2066 | | bill or joint resolution: |
---|
2066 | 2067 | | (1) authorizes or requires a change in the sanctions |
---|
2067 | 2068 | | applicable to adults convicted of felony crimes, the chair shall |
---|
2068 | 2069 | | send a copy of the measure to the Legislative Budget Board for the |
---|
2069 | 2070 | | preparation of a criminal justice policy impact statement; |
---|
2070 | 2071 | | (2) authorizes or requires a change in the public |
---|
2071 | 2072 | | school finance system, the chair shall send a copy of the measure to |
---|
2072 | 2073 | | the Legislative Budget Board for the preparation of an equalized |
---|
2073 | 2074 | | education funding impact statement; |
---|
2074 | 2075 | | (3) proposes to change benefits or participation in |
---|
2075 | 2076 | | benefits of a public retirement system or change the financial |
---|
2076 | 2077 | | obligations of a public retirement system, the chair shall send a |
---|
2077 | 2078 | | copy of the measure to the Legislative Budget Board for the |
---|
2078 | 2079 | | preparation of an actuarial impact statement in cooperation with |
---|
2079 | 2080 | | the State Pension Review Board; |
---|
2080 | 2081 | | (4) proposes to create a water district under the |
---|
2081 | 2082 | | authority of Article XVI, Section 59, of the Texas Constitution, |
---|
2082 | 2083 | | the chair shall send a copy of the measure to the Legislative Budget |
---|
2083 | 2084 | | Board for the preparation of a water development policy impact |
---|
2084 | 2085 | | statement; or |
---|
2085 | 2086 | | (5) creates or impacts a state tax or fee, the chair |
---|
2086 | 2087 | | shall send a copy of the measure to the Legislative Budget Board for |
---|
2087 | 2088 | | the preparation of a tax equity note that estimates the general |
---|
2088 | 2089 | | effects of the proposal on the distribution of tax and fee burdens |
---|
2089 | 2090 | | among individuals and businesses. |
---|
2090 | 2091 | | (c) In preparing an impact statement, the director of the |
---|
2091 | 2092 | | Legislative Budget Board may utilize information or data supplied |
---|
2092 | 2093 | | by any person, agency, organization, or governmental unit that the |
---|
2093 | 2094 | | director deems reliable. If the director determines that the |
---|
2094 | 2095 | | particular implications of the measure cannot be ascertained, the |
---|
2095 | 2096 | | director shall so state in the impact statement, in which case the |
---|
2096 | 2097 | | impact statement shall be in full compliance with the rules. |
---|
2097 | 2098 | | (d) An impact statement is not required to be present before |
---|
2098 | 2099 | | a measure is laid out in a committee meeting. If timely received, |
---|
2099 | 2100 | | the impact statement shall be attached to the measure on first |
---|
2100 | 2101 | | printing. If the measure is amended by the committee so as to alter |
---|
2101 | 2102 | | its particular implications, the chair shall obtain an updated |
---|
2102 | 2103 | | impact statement. If timely received, the updated impact statement |
---|
2103 | 2104 | | shall also be attached to the measure on first printing. |
---|
2104 | 2105 | | (e) An impact statement that is received after the first |
---|
2105 | 2106 | | printing of a measure has been distributed to the members shall be |
---|
2106 | 2107 | | forwarded by the chair of the committee to the committee |
---|
2107 | 2108 | | coordinator. The committee coordinator shall have the impact |
---|
2108 | 2109 | | statement printed and distributed to the members. |
---|
2109 | 2110 | | (f) All impact statements received shall remain with the |
---|
2110 | 2111 | | measure throughout the entire legislative process, including |
---|
2111 | 2112 | | submission to the governor. |
---|
2112 | 2113 | | Sec. 35. REPORTS ON HOUSE AND CONCURRENT |
---|
2113 | 2114 | | RESOLUTIONS. Committee reports on house and concurrent |
---|
2114 | 2115 | | resolutions shall be made in the same manner and shall follow the |
---|
2115 | 2116 | | same procedure as provided for bills, subject to any differences |
---|
2116 | 2117 | | otherwise authorized or directed by the rules. |
---|
2117 | 2118 | | Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No |
---|
2118 | 2119 | | action by the house is necessary on the report of a standing |
---|
2119 | 2120 | | committee. The bill, resolution, or proposition recommended or |
---|
2120 | 2121 | | reported by the committee shall automatically be before the house |
---|
2121 | 2122 | | for its consideration after the bill or resolution has been |
---|
2122 | 2123 | | referred to the appropriate calendars committee for placement on a |
---|
2123 | 2124 | | calendar and for proposal of an appropriate rule for house |
---|
2124 | 2125 | | consideration. |
---|
2125 | 2126 | | Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All |
---|
2126 | 2127 | | committee reports on bills or resolutions shall be immediately |
---|
2127 | 2128 | | referred to the committee coordinator. The chair of the committee |
---|
2128 | 2129 | | shall be responsible for delivery of the report to the committee |
---|
2129 | 2130 | | coordinator. |
---|
2130 | 2131 | | Sec. 38. DELIVERY OF REPORTS TO CALENDARS |
---|
2131 | 2132 | | COMMITTEES. After printing, the chief clerk shall be responsible |
---|
2132 | 2133 | | for delivery of a certified copy of the committee report to the |
---|
2133 | 2134 | | appropriate calendars committee, which committee shall immediately |
---|
2134 | 2135 | | accept the bill or resolution for placement on a calendar and for |
---|
2135 | 2136 | | the proposal of an appropriate rule for house consideration. |
---|
2136 | 2137 | | Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk |
---|
2137 | 2138 | | shall provide notice to each member at the member's designated |
---|
2138 | 2139 | | Capitol e-mail address when a committee report under Section 38 of |
---|
2139 | 2140 | | this rule on a bill extending an agency, commission, or advisory |
---|
2140 | 2141 | | committee under the Texas Sunset Act has been printed or posted and |
---|
2141 | 2142 | | is available to be distributed to the appropriate calendars |
---|
2142 | 2143 | | committee. |
---|
2143 | 2144 | | Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the |
---|
2144 | 2145 | | power to amend, delete, or change in any way the nature, purpose, or |
---|
2145 | 2146 | | content of any bill or resolution referred to it, but may draft and |
---|
2146 | 2147 | | recommend amendments to it, which shall become effective only if |
---|
2147 | 2148 | | adopted by a majority vote of the house. |
---|
2148 | 2149 | | Sec. 40. SUBSTITUTES. The committee may adopt and report a |
---|
2149 | 2150 | | complete germane committee substitute containing the title, |
---|
2150 | 2151 | | enacting clause, and text of the bill in lieu of an original bill, |
---|
2151 | 2152 | | in which event the complete substitute bill on committee report |
---|
2152 | 2153 | | shall be laid before the house and shall be the matter then before |
---|
2153 | 2154 | | the house for its consideration, instead of the original bill. If |
---|
2154 | 2155 | | the substitute bill is defeated at any legislative stage, the bill |
---|
2155 | 2156 | | is considered not passed. |
---|
2156 | 2157 | | Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is |
---|
2157 | 2158 | | raised that a complete committee substitute is not germane, in |
---|
2158 | 2159 | | whole or in part, and the point of order is sustained, the committee |
---|
2159 | 2160 | | substitute shall be returned to the Committee on Calendars, which |
---|
2160 | 2161 | | may have the original bill printed and distributed and placed on a |
---|
2161 | 2162 | | calendar in lieu of the substitute or may return the original bill |
---|
2162 | 2163 | | to the committee from which it was reported for further action. |
---|
2163 | 2164 | | Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO |
---|
2164 | 2165 | | REPORT. Should the author or sponsor of the bill, resolution, or |
---|
2165 | 2166 | | other proposal not be satisfied with the final recommendation or |
---|
2166 | 2167 | | form of the committee report, the member shall have the privilege of |
---|
2167 | 2168 | | offering on the floor of the house such amendments or changes as he |
---|
2168 | 2169 | | or she considers necessary and desirable, and those amendments or |
---|
2169 | 2170 | | changes shall be given priority during the periods of time when |
---|
2170 | 2171 | | original amendments are in order under the provisions of Rule 11, |
---|
2171 | 2172 | | Section 7. |
---|
2172 | 2173 | | CHAPTER D. SUBCOMMITTEES |
---|
2173 | 2174 | | Sec. 43. JURISDICTION. Each committee is authorized to |
---|
2174 | 2175 | | conduct its activities and perform its work through the use of |
---|
2175 | 2176 | | subcommittees as shall be determined by the chair of the committee. |
---|
2176 | 2177 | | Subcommittees shall be created, organized, and operated in such a |
---|
2177 | 2178 | | way that the subject matter and work area of each subcommittee shall |
---|
2178 | 2179 | | be homogeneous and shall pertain to related governmental |
---|
2179 | 2180 | | activities. The size and jurisdiction of each subcommittee shall |
---|
2180 | 2181 | | be determined by the chair of the committee. |
---|
2181 | 2182 | | Sec. 44. MEMBERSHIP. The chair of each standing committee |
---|
2182 | 2183 | | shall appoint from the membership of the committee the members who |
---|
2183 | 2184 | | are to serve on each subcommittee. Any vacancy on a subcommittee |
---|
2184 | 2185 | | shall be filled by appointment of the chair of the standing |
---|
2185 | 2186 | | committee. The chair and vice-chair of each subcommittee shall be |
---|
2186 | 2187 | | named by the chair of the committee. |
---|
2187 | 2188 | | Sec. 45. RULES GOVERNING OPERATIONS. The Rules of |
---|
2188 | 2189 | | Procedure of the House of Representatives, to the extent |
---|
2189 | 2190 | | applicable, shall govern the hearings and operations of each |
---|
2190 | 2191 | | subcommittee. Subject to the foregoing, and to the extent |
---|
2191 | 2192 | | necessary for orderly transaction of business, each subcommittee |
---|
2192 | 2193 | | may promulgate and adopt additional rules and procedures by which |
---|
2193 | 2194 | | it will function. |
---|
2194 | 2195 | | Sec. 46. QUORUM. A majority of a subcommittee shall |
---|
2195 | 2196 | | constitute a quorum, and no action or recommendation of a |
---|
2196 | 2197 | | subcommittee shall be valid unless taken at a meeting with a quorum |
---|
2197 | 2198 | | actually present. All reports of a subcommittee must be approved by |
---|
2198 | 2199 | | record vote by a majority of the membership of the subcommittee. |
---|
2199 | 2200 | | Minutes of the subcommittee shall be maintained in a manner similar |
---|
2200 | 2201 | | to that required by the rules for standing committees. Proxies |
---|
2201 | 2202 | | cannot be used in subcommittees. |
---|
2202 | 2203 | | Sec. 47. POWER AND AUTHORITY. Each subcommittee, within |
---|
2203 | 2204 | | the area of its jurisdiction, shall have all of the power, |
---|
2204 | 2205 | | authority, and rights granted by the Rules of Procedure of the House |
---|
2205 | 2206 | | of Representatives to the standing committee, except subpoena |
---|
2206 | 2207 | | power, to the extent necessary to discharge the duties and |
---|
2207 | 2208 | | responsibilities of the subcommittee. |
---|
2208 | 2209 | | Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO |
---|
2209 | 2210 | | SUBCOMMITTEE. All bills and resolutions referred to a standing |
---|
2210 | 2211 | | committee shall be reviewed by the chair to determine appropriate |
---|
2211 | 2212 | | disposition of the bills and resolutions. All bills and |
---|
2212 | 2213 | | resolutions shall be considered by the entire standing committee |
---|
2213 | 2214 | | unless the chair of that standing committee determines to refer the |
---|
2214 | 2215 | | bills and resolutions to subcommittee. If a bill or resolution is |
---|
2215 | 2216 | | referred by the chair of the standing committee to a subcommittee, |
---|
2216 | 2217 | | it shall be considered by the subcommittee in the same form in which |
---|
2217 | 2218 | | the measure was referred to the standing committee, and any action |
---|
2218 | 2219 | | taken by the standing committee on a proposed amendment or |
---|
2219 | 2220 | | committee substitute before a measure is referred to subcommittee |
---|
2220 | 2221 | | is therefore voided at the time the measure is referred to |
---|
2221 | 2222 | | subcommittee. The subcommittee shall be charged with the duty and |
---|
2222 | 2223 | | responsibility of conducting the hearing, doing research, and |
---|
2223 | 2224 | | performing such other functions as the subcommittee or its parent |
---|
2224 | 2225 | | standing committee may determine. All meetings of the subcommittee |
---|
2225 | 2226 | | shall be scheduled by the subcommittee chair, with appropriate |
---|
2226 | 2227 | | public notice and notification of each member of the subcommittee |
---|
2227 | 2228 | | under the same rules of procedure as govern the conduct of the |
---|
2228 | 2229 | | standing committee. |
---|
2229 | 2230 | | Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its |
---|
2230 | 2231 | | deliberations on a bill, resolution, or other matter referred to |
---|
2231 | 2232 | | it, the subcommittee may prepare a written report, comprehensive |
---|
2232 | 2233 | | in nature, for submission to the full committee. The report shall |
---|
2233 | 2234 | | include background material as well as recommended action and shall |
---|
2234 | 2235 | | be accompanied by a complete draft of the bill, resolution, or other |
---|
2235 | 2236 | | proposal in such form as the subcommittee shall determine. |
---|
2236 | 2237 | | Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee |
---|
2237 | 2238 | | reports shall be directed to the chair of the committee, who shall |
---|
2238 | 2239 | | schedule meetings of the standing committee from time to time as |
---|
2239 | 2240 | | necessary and appropriate for the reception of subcommittee reports |
---|
2240 | 2241 | | and for action on reports by the standing committee. No |
---|
2241 | 2242 | | subcommittee report shall be scheduled for action by the standing |
---|
2242 | 2243 | | committee until at least 24 hours after a copy of the subcommittee |
---|
2243 | 2244 | | report is provided to each member of the standing committee. |
---|
2244 | 2245 | | CHAPTER E. COMMITTEES OF THE WHOLE HOUSE |
---|
2245 | 2246 | | Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE |
---|
2246 | 2247 | | HOUSE. The house may resolve itself into a committee of the whole |
---|
2247 | 2248 | | house to consider any matter referred to it by the house. In |
---|
2248 | 2249 | | forming a committee of the whole house, the speaker shall vacate the |
---|
2249 | 2250 | | chair and shall appoint a chair to preside in committee. |
---|
2250 | 2251 | | Sec. 52. RULES GOVERNING OPERATIONS. The rules governing |
---|
2251 | 2252 | | the proceedings of the house and those governing committees shall |
---|
2252 | 2253 | | be observed in committees of the whole, to the extent that they are |
---|
2253 | 2254 | | applicable. |
---|
2254 | 2255 | | Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE |
---|
2255 | 2256 | | WHOLE. (a) It shall be in order to move a call of the committee of |
---|
2256 | 2257 | | the whole at any time to secure and maintain a quorum for the |
---|
2257 | 2258 | | following purposes: |
---|
2258 | 2259 | | (1) for the consideration of a certain or specific |
---|
2259 | 2260 | | matter; or |
---|
2260 | 2261 | | (2) for a definite period of time; or |
---|
2261 | 2262 | | (3) for the consideration of any designated class of |
---|
2262 | 2263 | | bills. |
---|
2263 | 2264 | | (b) When a call of the committee of the whole is moved and |
---|
2264 | 2265 | | seconded by 10 members, of whom the chair may be one, and is ordered |
---|
2265 | 2266 | | by majority vote, the main entrance of the hall and all other doors |
---|
2266 | 2267 | | leading out of the hall shall be locked, and no member shall be |
---|
2267 | 2268 | | permitted to leave the hall without written permission. Other |
---|
2268 | 2269 | | proceedings under a call of the committee shall be the same as under |
---|
2269 | 2270 | | a call of the house. |
---|
2270 | 2271 | | Sec. 54. HANDLING OF A BILL. A bill committed to a |
---|
2271 | 2272 | | committee of the whole house shall be handled in the same manner as |
---|
2272 | 2273 | | in any other committee. The body of the bill shall not be defaced or |
---|
2273 | 2274 | | interlined, but all amendments shall be duly endorsed by the chief |
---|
2274 | 2275 | | clerk as they are adopted by the committee, and so reported to the |
---|
2275 | 2276 | | house. When a bill is reported by the committee of the whole house |
---|
2276 | 2277 | | it shall be referred immediately to the appropriate calendars |
---|
2277 | 2278 | | committee for placement on the appropriate calendar and shall |
---|
2278 | 2279 | | follow the same procedure as any other bill on committee report. |
---|
2279 | 2280 | | Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the |
---|
2280 | 2281 | | event that the committee of the whole, at any sitting, fails to |
---|
2281 | 2282 | | complete its work on any bill or resolution under consideration for |
---|
2282 | 2283 | | lack of time, or desires to take any action on that measure that is |
---|
2283 | 2284 | | permitted under the rules for other committees, it may, on a motion |
---|
2284 | 2285 | | made and adopted by majority vote, rise, report progress, and ask |
---|
2285 | 2286 | | leave of the house to sit again generally, or at a time certain. |
---|
2286 | 2287 | | CHAPTER F. SELECT AND INTERIM STUDY COMMITTEES |
---|
2287 | 2288 | | Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select |
---|
2288 | 2289 | | committees made during a session shall be filed with the chief clerk |
---|
2289 | 2290 | | and printed in the journal, unless otherwise determined by the |
---|
2290 | 2291 | | house. |
---|
2291 | 2292 | | [CHAPTER F. INTERIM STUDY COMMITTEES] |
---|
2292 | 2293 | | Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17, |
---|
2293 | 2294 | | the speaker may create interim study committees to conduct studies |
---|
2294 | 2295 | | by issuing a proclamation for each committee, which shall specify |
---|
2295 | 2296 | | the issue to be studied, committee membership, and any additional |
---|
2296 | 2297 | | authority and duties. A copy of each proclamation creating an |
---|
2297 | 2298 | | interim study committee shall be filed with the chief clerk. An |
---|
2298 | 2299 | | interim study committee expires on release of its final report or |
---|
2299 | 2300 | | when the next legislature convenes, whichever is earlier. An |
---|
2300 | 2301 | | interim study committee may not be created by resolution. |
---|
2301 | 2302 | | Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall |
---|
2302 | 2303 | | appoint all members of an interim study committee, which may |
---|
2303 | 2304 | | include public citizens and officials of state and local |
---|
2304 | 2305 | | governments. The speaker shall also designate the chair and |
---|
2305 | 2306 | | vice-chair and may authorize the chair to create subcommittees and |
---|
2306 | 2307 | | appoint citizen advisory committees. |
---|
2307 | 2308 | | Sec. 59. RULES GOVERNING OPERATIONS. The rules governing |
---|
2308 | 2309 | | the proceedings of the house and those governing standing |
---|
2309 | 2310 | | committees shall be observed by an interim study committee, to the |
---|
2310 | 2311 | | extent that they are applicable. An interim study committee shall |
---|
2311 | 2312 | | have the power to issue process and to request assistance of state |
---|
2312 | 2313 | | agencies as provided for a standing committee in Sections 21, 22, |
---|
2313 | 2314 | | and 23 of this rule. |
---|
2314 | 2315 | | Sec. 60. FUNDING AND STAFF. An interim study committee |
---|
2315 | 2316 | | shall use existing staff resources of its members, standing |
---|
2316 | 2317 | | committees, house offices, and legislative service agencies. The |
---|
2317 | 2318 | | chair of an interim study committee shall prepare a detailed budget |
---|
2318 | 2319 | | for approval by the speaker and the Committee on House |
---|
2319 | 2320 | | Administration. An interim study committee may accept gifts, |
---|
2320 | 2321 | | grants, and donations for the purpose of funding its activities as |
---|
2321 | 2322 | | provided by Sections 301.032(b) and (c), Government Code. |
---|
2322 | 2323 | | Sec. 61. STUDY REPORTS. (a) The final report or |
---|
2323 | 2324 | | recommendations of an interim study committee shall be approved by |
---|
2324 | 2325 | | a majority of the committee membership. Dissenting members may |
---|
2325 | 2326 | | attach statements to the final report. |
---|
2326 | 2327 | | (b) An interim study committee shall submit the committee's |
---|
2327 | 2328 | | final report to the committee coordinator in the manner prescribed |
---|
2328 | 2329 | | by the committee coordinator. The committee coordinator shall: |
---|
2329 | 2330 | | (1) distribute copies of the final report to the |
---|
2330 | 2331 | | speaker, the Legislative Reference Library, and other appropriate |
---|
2331 | 2332 | | agencies; and |
---|
2332 | 2333 | | (2) make a copy of the final report available on the |
---|
2333 | 2334 | | house's Internet website. |
---|
2334 | 2335 | | (c) This section shall also apply to interim study reports |
---|
2335 | 2336 | | of standing committees. |
---|
2336 | 2337 | | Sec. 62. JOINT HOUSE AND SENATE INTERIM |
---|
2337 | 2338 | | STUDIES. Procedures may be established by a concurrent resolution |
---|
2338 | 2339 | | adopted by both houses, by which the speaker may authorize and |
---|
2339 | 2340 | | appoint, jointly with the senate, committees to conduct interim |
---|
2340 | 2341 | | studies. A copy of the authorization for and the appointments to a |
---|
2341 | 2342 | | joint interim study committee shall be filed with the chief clerk. |
---|
2342 | 2343 | | Individual joint interim study committees may not be authorized or |
---|
2343 | 2344 | | created by resolution. |
---|
2344 | 2345 | | RULE 5. FLOOR PROCEDURE |
---|
2345 | 2346 | | CHAPTER A. QUORUM AND ATTENDANCE |
---|
2346 | 2347 | | Sec. 1. QUORUM. Two-thirds of the house shall constitute a |
---|
2347 | 2348 | | quorum to do business. |
---|
2348 | 2349 | | Sec. 2. ROLL CALLS. On every roll call or registration, |
---|
2349 | 2350 | | the names of the members shall be called or listed, as the case may |
---|
2350 | 2351 | | be, alphabetically by surname, except when two or more have the same |
---|
2351 | 2352 | | surname, in which case the initials of the members shall be added. |
---|
2352 | 2353 | | Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent |
---|
2353 | 2354 | | from the sessions of the house without leave, and no member shall be |
---|
2354 | 2355 | | excused on his or her own motion. |
---|
2355 | 2356 | | (b) A leave of absence may be granted by a majority vote of |
---|
2356 | 2357 | | the house and may be revoked at any time by a similar vote. |
---|
2357 | 2358 | | (c) Any member granted a leave of absence due to a meeting of |
---|
2358 | 2359 | | a committee or conference committee that has authority to meet |
---|
2359 | 2360 | | while the house is in session shall be so designated on each roll |
---|
2360 | 2361 | | call or registration for which that member is excused. |
---|
2361 | 2362 | | Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is |
---|
2362 | 2363 | | present and fails or refuses to record on a roll call after being |
---|
2363 | 2364 | | requested to do so by the speaker shall be recorded as present by |
---|
2364 | 2365 | | the speaker and shall be counted for the purpose of making a quorum. |
---|
2365 | 2366 | | Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of |
---|
2366 | 2367 | | order of "No Quorum" shall not be accepted by the chair if the last |
---|
2367 | 2368 | | roll call showed the presence of a quorum, provided the last roll |
---|
2368 | 2369 | | call was taken within two hours of the time the point of order is |
---|
2369 | 2370 | | raised. |
---|
2370 | 2371 | | (b) If the last roll call was taken more than two hours |
---|
2371 | 2372 | | before the point of order is raised, it shall be in order for the |
---|
2372 | 2373 | | member who raised the point of order to request a roll call. Such a |
---|
2373 | 2374 | | request must be seconded by 25 members. If the request for a roll |
---|
2374 | 2375 | | call is properly seconded, the chair shall order a roll call. |
---|
2375 | 2376 | | (c) Once a point of order has been made that a quorum is not |
---|
2376 | 2377 | | present, it may not be withdrawn after the absence of a quorum has |
---|
2377 | 2378 | | been ascertained and announced. |
---|
2378 | 2379 | | Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a |
---|
2379 | 2380 | | registration or record vote reveals that a quorum is not present, |
---|
2380 | 2381 | | only a motion to adjourn or a motion for a call of the house and the |
---|
2381 | 2382 | | motions incidental thereto shall be in order. |
---|
2382 | 2383 | | Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order |
---|
2383 | 2384 | | to move a call of the house at any time to secure and maintain a |
---|
2384 | 2385 | | quorum for one of the following purposes: |
---|
2385 | 2386 | | (1) for the consideration of a specific bill, |
---|
2386 | 2387 | | resolution, motion, or other measure; |
---|
2387 | 2388 | | (2) for the consideration of any designated class of |
---|
2388 | 2389 | | bills; or |
---|
2389 | 2390 | | (3) for a definite period of time. |
---|
2390 | 2391 | | Motions for, and incidental to, a call of the house are not |
---|
2391 | 2392 | | debatable. |
---|
2392 | 2393 | | Sec. 8. SECURING A QUORUM. When a call of the house is moved |
---|
2393 | 2394 | | for one of the above purposes and seconded by 15 members (of whom |
---|
2394 | 2395 | | the speaker may be one) and ordered by a majority vote, the main |
---|
2395 | 2396 | | entrance to the hall and all other doors leading out of the hall |
---|
2396 | 2397 | | shall be locked and no member permitted to leave the house without |
---|
2397 | 2398 | | the written permission of the speaker. The names of members present |
---|
2398 | 2399 | | shall be recorded. All absentees for whom no sufficient excuse is |
---|
2399 | 2400 | | made may, by order of a majority of those present, be sent for and |
---|
2400 | 2401 | | arrested, wherever they may be found, by the sergeant-at-arms or an |
---|
2401 | 2402 | | officer appointed by the sergeant-at-arms for that purpose, and |
---|
2402 | 2403 | | their attendance shall be secured and retained. The house shall |
---|
2403 | 2404 | | determine on what conditions they shall be discharged. Members who |
---|
2404 | 2405 | | voluntarily appear shall, unless the house otherwise directs, be |
---|
2405 | 2406 | | immediately admitted to the hall of the house and shall report their |
---|
2406 | 2407 | | names to the clerk to be entered in the journal as present. |
---|
2407 | 2408 | | Until a quorum appears, should the roll call fail to show one |
---|
2408 | 2409 | | present, no business shall be transacted, except to compel the |
---|
2409 | 2410 | | attendance of absent members or to adjourn. It shall not be in |
---|
2410 | 2411 | | order to recess under a call of the house. |
---|
2411 | 2412 | | Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is |
---|
2412 | 2413 | | shown to be present, the house may proceed with the matters on which |
---|
2413 | 2414 | | the call was ordered, or may enforce the call and await the |
---|
2414 | 2415 | | attendance of as many of the absentees as it desires. When the |
---|
2415 | 2416 | | house proceeds to the business on which the call was ordered, it |
---|
2416 | 2417 | | may, by a majority vote, direct the sergeant-at-arms to cease |
---|
2417 | 2418 | | bringing in absent members. |
---|
2418 | 2419 | | Sec. 10. REPEATING A RECORD VOTE. When a record vote |
---|
2419 | 2420 | | reveals the lack of a quorum, and a call is ordered to secure one, a |
---|
2420 | 2421 | | record vote shall again be taken when the house resumes business |
---|
2421 | 2422 | | with a quorum present. |
---|
2422 | 2423 | | CHAPTER B. ADMITTANCE TO HOUSE CHAMBER |
---|
2423 | 2424 | | Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following |
---|
2424 | 2425 | | persons shall be entitled to the privileges of the floor of the |
---|
2425 | 2426 | | house when the house is in session: members of the house; employees |
---|
2426 | 2427 | | of the house when performing their official duties as determined by |
---|
2427 | 2428 | | the Committee on House Administration; members of the senate; |
---|
2428 | 2429 | | employees of the senate when performing their official duties; the |
---|
2429 | 2430 | | Governor of Texas and the governor's chief of staff and director of |
---|
2430 | 2431 | | legislative affairs; the lieutenant governor; the secretary of |
---|
2431 | 2432 | | state; duly accredited media representatives as permitted by |
---|
2432 | 2433 | | Section 20 of this rule; contestants in election cases pending |
---|
2433 | 2434 | | before the house; and immediate families of the members of the |
---|
2434 | 2435 | | legislature on such special occasions as may be determined by the |
---|
2435 | 2436 | | Committee on House Administration. |
---|
2436 | 2437 | | Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following |
---|
2437 | 2438 | | persons shall be admitted to the area on the floor of the house |
---|
2438 | 2439 | | enclosed by the railing when the house is in session: members of the |
---|
2439 | 2440 | | house; members of the senate; the governor; the lieutenant |
---|
2440 | 2441 | | governor; officers and employees of the senate and house when those |
---|
2441 | 2442 | | officers and employees are actually engaged in performing their |
---|
2442 | 2443 | | official duties as determined by the Committee on House |
---|
2443 | 2444 | | Administration; spouses of members of the house on such occasions |
---|
2444 | 2445 | | as may be determined by the Committee on House Administration; and, |
---|
2445 | 2446 | | within the area specifically designated for media representatives, |
---|
2446 | 2447 | | duly accredited media representatives as permitted by Section 20 of |
---|
2447 | 2448 | | this rule. |
---|
2448 | 2449 | | Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors |
---|
2449 | 2450 | | and collectors shall not be admitted to the floor of the house while |
---|
2450 | 2451 | | the house is in session. |
---|
2451 | 2452 | | Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to |
---|
2452 | 2453 | | invite a person to address the house while it is in session shall be |
---|
2453 | 2454 | | in order only if the person invited is entitled to the privileges of |
---|
2454 | 2455 | | the floor as defined by Section 11 of this rule and if no business is |
---|
2455 | 2456 | | pending before the house. |
---|
2456 | 2457 | | Sec. 15. LOBBYING ON FLOOR. No one, except the governor or |
---|
2457 | 2458 | | a member of the legislature, who is lobbying or working for or |
---|
2458 | 2459 | | against any pending or prospective legislative measure shall be |
---|
2459 | 2460 | | permitted on the floor of the house or in the adjacent rooms while |
---|
2460 | 2461 | | the house is in session. |
---|
2461 | 2462 | | Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person |
---|
2462 | 2463 | | admitted to the floor of the house under the rules, except the |
---|
2463 | 2464 | | governor or a member of the legislature, lobbies or works for or |
---|
2464 | 2465 | | against any pending or prospective legislation or violates any of |
---|
2465 | 2466 | | the other rules of the house, the privileges extended to that person |
---|
2466 | 2467 | | under the rules shall be suspended by a majority vote of the |
---|
2467 | 2468 | | Committee on House Administration. The action of the committee |
---|
2468 | 2469 | | shall be reviewable by the house only if two members of the |
---|
2469 | 2470 | | committee request an appeal from the decision of the committee. The |
---|
2470 | 2471 | | request shall be in the form of a minority report and shall be |
---|
2471 | 2472 | | subject to the same rules that are applicable to minority reports on |
---|
2472 | 2473 | | bills. Suspension shall remain in force until the accused person |
---|
2473 | 2474 | | purges himself or herself and comes within the rules, or until the |
---|
2474 | 2475 | | house, by majority vote, reverses the action of the committee. |
---|
2475 | 2476 | | Sec. 17. MEMBERS' [MEMBERS] LOUNGE PRIVILEGES. Only the |
---|
2476 | 2477 | | following persons shall be admitted to the members' [members] |
---|
2477 | 2478 | | lounge at any time: members of the house; members of the senate; |
---|
2478 | 2479 | | and former members of the house and senate who are not engaged in |
---|
2479 | 2480 | | any form of employment requiring them to lobby or work for or |
---|
2480 | 2481 | | against any pending or prospective legislative measures. |
---|
2481 | 2482 | | Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It |
---|
2482 | 2483 | | shall be the duty of the Committee on House Administration to |
---|
2483 | 2484 | | determine what duties are to be discharged by officers and |
---|
2484 | 2485 | | employees of the house on the floor of the house, specifically in |
---|
2485 | 2486 | | the area enclosed by the railing, when the house is in session. It |
---|
2486 | 2487 | | shall be the duty of the speaker to see that the officers and |
---|
2487 | 2488 | | employees do not violate the regulations promulgated by the |
---|
2488 | 2489 | | Committee on House Administration. |
---|
2489 | 2490 | | Sec. 19. PROPER DECORUM. No person shall be admitted to, |
---|
2490 | 2491 | | or allowed to remain in, the house chamber while the house is in |
---|
2491 | 2492 | | session unless properly attired, and all gentlemen shall wear a |
---|
2492 | 2493 | | coat and tie. Food or beverage shall not be permitted in the house |
---|
2493 | 2494 | | chamber at any time, and no person carrying food or beverage shall |
---|
2494 | 2495 | | be admitted to the chamber, whether the house is in session or in |
---|
2495 | 2496 | | recess. Reading newspapers shall not be permitted in the house |
---|
2496 | 2497 | | chamber while the house is in session. Smoking is not permitted in |
---|
2497 | 2498 | | the members' [member's] lounge or bathrooms. The Committee on House |
---|
2498 | 2499 | | Administration shall designate an area for smoking that is easily |
---|
2499 | 2500 | | accessible to the house chamber. |
---|
2500 | 2501 | | Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house |
---|
2501 | 2502 | | is in session, no media representative shall be admitted to the |
---|
2502 | 2503 | | floor of the house or allowed its privileges unless the person is: |
---|
2503 | 2504 | | (1) employed by a print, broadcast, or Internet news |
---|
2504 | 2505 | | organization, or by a wire service serving those organizations: |
---|
2505 | 2506 | | (A) whose principal business is the periodic |
---|
2506 | 2507 | | dissemination of original news and opinion of interest to a broad |
---|
2507 | 2508 | | segment of the public; |
---|
2508 | 2509 | | (B) which has published or operated continuously |
---|
2509 | 2510 | | for 18 months: |
---|
2510 | 2511 | | (i) as a for-profit organization that is |
---|
2511 | 2512 | | supported chiefly by advertising or subscription revenue; or |
---|
2512 | 2513 | | (ii) as a nonprofit organization that has |
---|
2513 | 2514 | | qualified as a public charity under Section 501(c)(3), Internal |
---|
2514 | 2515 | | Revenue Code of 1986; and |
---|
2515 | 2516 | | (C) whose publications or operations are |
---|
2516 | 2517 | | editorially independent of any institution, foundation, or |
---|
2517 | 2518 | | interest group that lobbies the government or that is not |
---|
2518 | 2519 | | principally a general news organization; and |
---|
2519 | 2520 | | (2) not engaged in any lobbying or paid advocacy, |
---|
2520 | 2521 | | advertising, publicity, or promotion work for any individual, |
---|
2521 | 2522 | | political party, corporation, organization, or government agency. |
---|
2522 | 2523 | | (b) Any media representative seeking admission to the floor |
---|
2523 | 2524 | | of the house under the provisions of this section must submit to the |
---|
2524 | 2525 | | Committee on House Administration: |
---|
2525 | 2526 | | (1) a notarized application in a form determined by |
---|
2526 | 2527 | | the committee; and |
---|
2527 | 2528 | | (2) a letter from the media representative's employer |
---|
2528 | 2529 | | certifying that: |
---|
2529 | 2530 | | (A) the media representative is engaged |
---|
2530 | 2531 | | primarily in reporting the sessions of the legislature; and |
---|
2531 | 2532 | | (B) no part of the media representative's salary |
---|
2532 | 2533 | | for legislative coverage is paid from a source other than the news |
---|
2533 | 2534 | | organization or wire service that employs the media representative. |
---|
2534 | 2535 | | (c) Regularly accredited media representatives who have |
---|
2535 | 2536 | | duly qualified under the provisions of this section may, when |
---|
2536 | 2537 | | requested to do so, make recommendations through their professional |
---|
2537 | 2538 | | committees to the Committee on House Administration as to the |
---|
2538 | 2539 | | sufficiency or insufficiency of the credentials of any person |
---|
2539 | 2540 | | seeking admission to the floor of the house under this section. |
---|
2540 | 2541 | | (d) If the Committee on House Administration determines |
---|
2541 | 2542 | | that a person's media credentials meet the requirements of this |
---|
2542 | 2543 | | section, the committee shall issue a pass card to the person. The |
---|
2543 | 2544 | | committee may impose a fee to cover the costs of issuing a pass |
---|
2544 | 2545 | | card. This pass card must be presented to the doorkeeper each time |
---|
2545 | 2546 | | the person seeks admission to the floor of the house while the house |
---|
2546 | 2547 | | is in session. Pass cards issued under this section shall not be |
---|
2547 | 2548 | | transferable. The failure of a media representative to maintain the |
---|
2548 | 2549 | | requirements of this section may result in the revocation of the |
---|
2549 | 2550 | | pass card. Persons admitted to the floor of the house pursuant to |
---|
2550 | 2551 | | the provisions of this section shall work in appropriate convenient |
---|
2551 | 2552 | | seats or work stations in the house, which shall be designated for |
---|
2552 | 2553 | | that purpose by the Committee on House Administration. |
---|
2553 | 2554 | | (e) Members of the house shall not engage in interviews and |
---|
2554 | 2555 | | press conferences on the house floor while the house is in session. |
---|
2555 | 2556 | | The Committee on House Administration is authorized to enforce this |
---|
2556 | 2557 | | provision and to prescribe such other regulations as may be |
---|
2557 | 2558 | | necessary and desirable to achieve these purposes. |
---|
2558 | 2559 | | (f) Permission to make recordings [live or recorded |
---|
2559 | 2560 | | television, radio, or Internet broadcasts] in or from the house |
---|
2560 | 2561 | | chamber while the house is in session may be granted only by the |
---|
2561 | 2562 | | Committee on House Administration. The committee shall promulgate |
---|
2562 | 2563 | | rules [regulations] governing recordings [television, radio, or |
---|
2563 | 2564 | | Internet broadcasts, and such regulations shall be printed as an |
---|
2564 | 2565 | | addendum to the rules of the house]. When recordings [broadcasts] |
---|
2565 | 2566 | | from the [floor of the] house chamber are permitted [recommended] |
---|
2566 | 2567 | | by the Committee on House Administration, the permission |
---|
2567 | 2568 | | [recommendation] shall, if necessary, identify those persons in the |
---|
2568 | 2569 | | technical crews to whom pass cards to the floor of the house and |
---|
2569 | 2570 | | galleries are to be issued. Passes granted under this authority |
---|
2570 | 2571 | | shall be subject to revocation by [on the recommendation of] the |
---|
2571 | 2572 | | Committee on House Administration. As used in this subsection, |
---|
2572 | 2573 | | "recording" means an audio, video, or photographic recording for |
---|
2573 | 2574 | | immediate or delayed transmission by television or radio or through |
---|
2574 | 2575 | | the Internet [Each committee of the house shall have authority to |
---|
2575 | 2576 | | determine whether or not to permit television, radio, or Internet |
---|
2576 | 2577 | | broadcasts of any of its proceedings]. |
---|
2577 | 2578 | | (g) The following individuals may submit a written |
---|
2578 | 2579 | | complaint regarding a decision by the Committee on House |
---|
2579 | 2580 | | Administration under this section: |
---|
2580 | 2581 | | (1) an individual who is aggrieved by the committee's |
---|
2581 | 2582 | | failure or refusal to grant privileges under this section; or |
---|
2582 | 2583 | | (2) a [A] member of the house who believes a media |
---|
2583 | 2584 | | representative granted privileges under this section either does |
---|
2584 | 2585 | | not meet the requirements of this section or has abused the |
---|
2585 | 2586 | | privileges granted under this section [may submit a written |
---|
2586 | 2587 | | complaint to the Committee on House Administration]. |
---|
2587 | 2588 | | (h) The Committee on House Administration [committee] shall |
---|
2588 | 2589 | | investigate the complaint and may, if necessary, temporarily |
---|
2589 | 2590 | | suspend the media representative's privileges pending the |
---|
2590 | 2591 | | investigation. The committee shall notify the aggrieved individual |
---|
2591 | 2592 | | or subject of the complaint of the time and place of a hearing on the |
---|
2592 | 2593 | | complaint. Following the hearing, which must be conducted as |
---|
2593 | 2594 | | provided by committee rule, the committee shall determine whether |
---|
2594 | 2595 | | the aggrieved individual meets the requirements of this section |
---|
2595 | 2596 | | and, as applicable: |
---|
2596 | 2597 | | (1) issue a pass card if the committee determines that |
---|
2597 | 2598 | | the individual's media credentials meet the requirements of this |
---|
2598 | 2599 | | section; or |
---|
2599 | 2600 | | (2) revoke the media representative's privileges |
---|
2600 | 2601 | | granted under this section [are revoked] if the committee |
---|
2601 | 2602 | | determines that the allegations contained in the complaint are |
---|
2602 | 2603 | | valid. |
---|
2603 | 2604 | | (i) The final determination by the Committee on House |
---|
2604 | 2605 | | Administration on a complaint: |
---|
2605 | 2606 | | (1) must be entered in the committee minutes and, if |
---|
2606 | 2607 | | the house is convened in a regular or special session, delivered to |
---|
2607 | 2608 | | the journal clerk and printed in the journal; and |
---|
2608 | 2609 | | (2) is not subject to further review except as |
---|
2609 | 2610 | | provided by this section. |
---|
2610 | 2611 | | Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE |
---|
2611 | 2612 | | HOUSE CHAMBER. When the house is not in session, the floor of the |
---|
2612 | 2613 | | house shall remain open on days and hours determined by the |
---|
2613 | 2614 | | Committee on House Administration. By resolution, the house may |
---|
2614 | 2615 | | open the floor of the house during its sessions for the inauguration |
---|
2615 | 2616 | | of the governor and lieutenant governor and for such other public |
---|
2616 | 2617 | | ceremonies as may be deemed warranted. |
---|
2617 | 2618 | | CHAPTER C. SPEAKING AND DEBATE |
---|
2618 | 2619 | | Sec. 22. ADDRESSING THE HOUSE. When a member desires to |
---|
2619 | 2620 | | speak or deliver any matter to the house, the member shall rise and |
---|
2620 | 2621 | | respectfully address the speaker as "Mr. (or Madam) Speaker" and, |
---|
2621 | 2622 | | on being recognized, may address the house from the microphone at |
---|
2622 | 2623 | | the reading clerk's desk, and shall confine all remarks to the |
---|
2623 | 2624 | | question under debate, avoiding personalities. |
---|
2624 | 2625 | | Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more |
---|
2625 | 2626 | | members rise at once, the speaker shall name the one who is to speak |
---|
2626 | 2627 | | first. This decision shall be final and not open to debate or |
---|
2627 | 2628 | | appeal. |
---|
2628 | 2629 | | Sec. 24. RECOGNITION. (a) Except as otherwise provided |
---|
2629 | 2630 | | by this section, there shall be no appeal from the speaker's |
---|
2630 | 2631 | | recognition, but the speaker shall be governed by rules and usage in |
---|
2631 | 2632 | | priority of entertaining motions from the floor. When a member |
---|
2632 | 2633 | | seeks recognition, the speaker may ask, "For what purpose does the |
---|
2633 | 2634 | | member rise?" or "For what purpose does the member seek |
---|
2634 | 2635 | | recognition?" and may then decide if recognition is to be granted, |
---|
2635 | 2636 | | except that the speaker shall recognize a member who seeks |
---|
2636 | 2637 | | recognition on a question of privilege. |
---|
2637 | 2638 | | (b) If the speaker denies recognition of a member who seeks |
---|
2638 | 2639 | | recognition on a question of privilege, other than a question of |
---|
2639 | 2640 | | privilege relating to the right of the house to remove the speaker |
---|
2640 | 2641 | | and elect a new speaker, the decision of recognition may be appealed |
---|
2641 | 2642 | | using the procedures provided in Rule 1, Section 9. |
---|
2642 | 2643 | | (c) If the speaker denies recognition of a member who seeks |
---|
2643 | 2644 | | recognition on a question of privilege relating to the right of the |
---|
2644 | 2645 | | house to remove the speaker and elect a new speaker, the member may |
---|
2645 | 2646 | | appeal the speaker's denial of recognition if the member submits to |
---|
2646 | 2647 | | the speaker a written request, signed by at least 76 members of the |
---|
2647 | 2648 | | house, to appeal the decision of recognition. Upon receiving a |
---|
2648 | 2649 | | request for appeal in accordance with this subsection, the speaker |
---|
2649 | 2650 | | shall announce the request to the house. The names of the members |
---|
2650 | 2651 | | who signed the request and the time that the announcement was made |
---|
2651 | 2652 | | shall be entered in the journal. The appeal of a decision of |
---|
2652 | 2653 | | recognition under this subsection is eligible for consideration 24 |
---|
2653 | 2654 | | hours after the request for appeal has been announced in accordance |
---|
2654 | 2655 | | with this subsection. The appeal and consideration of the question |
---|
2655 | 2656 | | of privilege, if the appeal is successful, takes precedence over |
---|
2656 | 2657 | | all other questions except motions to adjourn. |
---|
2657 | 2658 | | Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A |
---|
2658 | 2659 | | member who has the floor shall not be interrupted by another member |
---|
2659 | 2660 | | for any purpose, unless he or she consents to yield to the other |
---|
2660 | 2661 | | member. A member desiring to interrupt another in debate should |
---|
2661 | 2662 | | first address the speaker for the permission of the member |
---|
2662 | 2663 | | speaking. The speaker shall then ask the member who has the floor |
---|
2663 | 2664 | | if he or she wishes to yield, and then announce the decision of that |
---|
2664 | 2665 | | member. The member who has the floor may exercise personal |
---|
2665 | 2666 | | discretion as to whether or not to yield, and it is entirely within |
---|
2666 | 2667 | | the member's discretion to determine who shall interrupt and when. |
---|
2667 | 2668 | | Sec. 26. YIELDING THE FLOOR. A member who obtains the |
---|
2668 | 2669 | | floor on recognition of the speaker may not be taken off the floor |
---|
2669 | 2670 | | by a motion, even the highly privileged motion to adjourn, but if |
---|
2670 | 2671 | | the member yields to another to make a motion or to offer an |
---|
2671 | 2672 | | amendment, he or she thereby loses the floor. |
---|
2672 | 2673 | | Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any |
---|
2673 | 2674 | | proposition, or the member reporting any measure from a committee, |
---|
2674 | 2675 | | or, in the absence of either of them, any other member designated by |
---|
2675 | 2676 | | such absentee, shall have the right to open and close the debate, |
---|
2676 | 2677 | | and for this purpose may speak each time not more than 20 minutes. |
---|
2677 | 2678 | | Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be |
---|
2678 | 2679 | | limited to 10 minutes in duration, except as provided in Section 27 |
---|
2679 | 2680 | | of this rule, and the speaker shall call the members to order at the |
---|
2680 | 2681 | | expiration of their time. If the house by a majority vote extends |
---|
2681 | 2682 | | the time of any member, the extension shall be for 10 minutes only. |
---|
2682 | 2683 | | A second extension of time shall be granted only by unanimous |
---|
2683 | 2684 | | consent. During the last 10 calendar days of the regular session, |
---|
2684 | 2685 | | and the last 5 calendar days of a special session, Sundays excepted, |
---|
2685 | 2686 | | all speeches shall be limited to 10 minutes and shall not be |
---|
2686 | 2687 | | extended. The time limits established by this rule shall include |
---|
2687 | 2688 | | time consumed in yielding to questions from the floor. |
---|
2688 | 2689 | | Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall |
---|
2689 | 2690 | | speak more than twice on the same question without leave of the |
---|
2690 | 2691 | | house, nor more than once until every member choosing to speak has |
---|
2691 | 2692 | | spoken, nor shall any member be permitted to consume the time of |
---|
2692 | 2693 | | another member without leave of the house being given by a majority |
---|
2693 | 2694 | | vote. |
---|
2694 | 2695 | | Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a |
---|
2695 | 2696 | | pending question is not disposed of because of an adjournment of the |
---|
2696 | 2697 | | house, a member who has spoken twice on the subject shall not be |
---|
2697 | 2698 | | allowed to speak again without leave of the house. |
---|
2698 | 2699 | | Sec. 31. OBJECTION TO READING A PAPER. When the reading of |
---|
2699 | 2700 | | a paper is called for, and objection is made, the matter shall be |
---|
2700 | 2701 | | determined by a majority vote of the house, without debate. |
---|
2701 | 2702 | | Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No |
---|
2702 | 2703 | | person shall pass between the front and back microphones during |
---|
2703 | 2704 | | debate or when a member has the floor and is addressing the house. |
---|
2704 | 2705 | | Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any |
---|
2705 | 2706 | | member, in speaking or otherwise, transgresses the rules of the |
---|
2706 | 2707 | | house, the speaker shall, or any member may, call the member to |
---|
2707 | 2708 | | order, in which case the member so called to order shall immediately |
---|
2708 | 2709 | | be seated; however, that member may move for an appeal to the house, |
---|
2709 | 2710 | | and if appeal is duly seconded by 10 members, the matter shall be |
---|
2710 | 2711 | | submitted to the house for decision by majority vote. In such |
---|
2711 | 2712 | | cases, the speaker shall not be required to relinquish the chair, as |
---|
2712 | 2713 | | is required in cases of appeals from the speaker's decisions. The |
---|
2713 | 2714 | | house shall, if appealed to, decide the matter without debate. If |
---|
2714 | 2715 | | the decision is in favor of the member called to order, the member |
---|
2715 | 2716 | | shall be at liberty to proceed; but if the decision is against the |
---|
2716 | 2717 | | member, he or she shall not be allowed to proceed, and, if the case |
---|
2717 | 2718 | | requires it, shall be liable to the censure of the house, or such |
---|
2718 | 2719 | | other punishment as the house may consider proper. |
---|
2719 | 2720 | | Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a) |
---|
2720 | 2721 | | All proceedings of the house of representatives shall be |
---|
2721 | 2722 | | electronically recorded under the direction of the Committee on |
---|
2722 | 2723 | | House Administration. Copies of the proceedings may be released |
---|
2723 | 2724 | | under guidelines promulgated by the Committee on House |
---|
2724 | 2725 | | Administration. |
---|
2725 | 2726 | | (b) Archived video broadcasts of proceedings in the house |
---|
2726 | 2727 | | chamber that are available through the house's Internet or intranet |
---|
2727 | 2728 | | website may, under the direction of the Committee on House |
---|
2728 | 2729 | | Administration, include a link to the point in time in the video |
---|
2729 | 2730 | | where each measure under consideration by the house is laid out. |
---|
2730 | 2731 | | Such a link shall be provided as soon as the committee determines is |
---|
2731 | 2732 | | practical. |
---|
2732 | 2733 | | CHAPTER D. QUESTIONS OF PRIVILEGE |
---|
2733 | 2734 | | Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of |
---|
2734 | 2735 | | privilege shall be: |
---|
2735 | 2736 | | (1) those affecting the rights of the house |
---|
2736 | 2737 | | collectively, its safety and dignity, and the integrity of its |
---|
2737 | 2738 | | proceedings, including the right of the house to remove the speaker |
---|
2738 | 2739 | | and elect a new speaker; and |
---|
2739 | 2740 | | (2) those affecting the rights, reputation, and |
---|
2740 | 2741 | | conduct of members individually in their representative capacity |
---|
2741 | 2742 | | only. |
---|
2742 | 2743 | | Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions |
---|
2743 | 2744 | | of privilege shall have precedence over all other questions except |
---|
2744 | 2745 | | motions to adjourn. When in order, a member may address the house |
---|
2745 | 2746 | | on a question of privilege, or may at any time print it in the |
---|
2746 | 2747 | | journal, provided it contains no reflection on any member of the |
---|
2747 | 2748 | | house. |
---|
2748 | 2749 | | Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It |
---|
2749 | 2750 | | shall not be in order for a member to address the house on a question |
---|
2750 | 2751 | | of privilege: |
---|
2751 | 2752 | | (1) between the time an undebatable motion is offered |
---|
2752 | 2753 | | and the vote is taken on the motion; |
---|
2753 | 2754 | | (2) between the time the previous question is ordered |
---|
2754 | 2755 | | and the vote is taken on the last proposition included under the |
---|
2755 | 2756 | | previous question; or |
---|
2756 | 2757 | | (3) between the time a motion to table is offered and |
---|
2757 | 2758 | | the vote is taken on the motion. |
---|
2758 | 2759 | | (b) If a question of privilege relating to removal of the |
---|
2759 | 2760 | | speaker and election of a new speaker fails, a subsequent attempt to |
---|
2760 | 2761 | | remove the same speaker can be made only by reconsidering the vote |
---|
2761 | 2762 | | by which the original question of privilege failed. Such |
---|
2762 | 2763 | | reconsideration shall be subject to the rules of the house |
---|
2763 | 2764 | | governing reconsideration. |
---|
2764 | 2765 | | Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE; |
---|
2765 | 2766 | | INTERRUPTIONS PROHIBITED. (a) When speaking on privilege, |
---|
2766 | 2767 | | members must confine their remarks within the limits of Section 35 |
---|
2767 | 2768 | | of this rule, which will be strictly construed to achieve the |
---|
2768 | 2769 | | purposes hereof. |
---|
2769 | 2770 | | (b) When a member is speaking on privilege, the member shall |
---|
2770 | 2771 | | not be interrupted by another member for any purpose. While the |
---|
2771 | 2772 | | member is speaking, another member may submit a question of order to |
---|
2772 | 2773 | | the speaker in writing or by approaching the podium in person. The |
---|
2773 | 2774 | | member submitting the question of order shall not interrupt the |
---|
2774 | 2775 | | member who is speaking. The speaker may interrupt the member who is |
---|
2775 | 2776 | | speaking if the speaker determines it is appropriate to address the |
---|
2776 | 2777 | | question of order at that time. |
---|
2777 | 2778 | | Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits |
---|
2778 | 2779 | | of a main or subsidiary motion shall not be discussed or debated |
---|
2779 | 2780 | | under the guise of speaking to a question of privilege. |
---|
2780 | 2781 | | CHAPTER E. VOTING |
---|
2781 | 2782 | | Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all |
---|
2782 | 2783 | | votes, except viva voce votes, members shall record their votes on |
---|
2783 | 2784 | | the voting machine and shall not be recognized by the chair to cast |
---|
2784 | 2785 | | their votes from the floor. If a member attempts to vote from the |
---|
2785 | 2786 | | floor, the speaker shall sustain a point of order directed against |
---|
2786 | 2787 | | the member's so doing. This rule shall not be applicable to the |
---|
2787 | 2788 | | mover or the principal opponent of the proposition being voted on |
---|
2788 | 2789 | | nor to a member whose voting machine is out of order. If a member |
---|
2789 | 2790 | | demands strict enforcement of this section, Section 47 shall not |
---|
2790 | 2791 | | apply to the taking of a vote, and the house may discipline a member |
---|
2791 | 2792 | | in violation of this rule pursuant to its inherent authority. |
---|
2792 | 2793 | | Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A |
---|
2793 | 2794 | | registration or vote taken on the voting machine of the house shall |
---|
2794 | 2795 | | in all instances be considered the equivalent of a roll call or yea |
---|
2795 | 2796 | | and nay vote, which might be had for the same purpose. |
---|
2796 | 2797 | | Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any |
---|
2797 | 2798 | | member who has a personal or private interest in any measure or bill |
---|
2798 | 2799 | | proposed or pending before the house shall disclose the fact and not |
---|
2799 | 2800 | | vote thereon. |
---|
2800 | 2801 | | Sec. 43. DIVIDING THE QUESTION. By a majority vote of the |
---|
2801 | 2802 | | house, a quorum being present, the question shall be divided, if it |
---|
2802 | 2803 | | includes propositions so distinct in substance that, one being |
---|
2803 | 2804 | | taken away, a substantive proposition remains. A motion for a |
---|
2804 | 2805 | | division vote cannot be made after the previous question has been |
---|
2805 | 2806 | | ordered, after a motion to table has been offered, after the |
---|
2806 | 2807 | | question has been put, nor after the yeas and nays have been |
---|
2807 | 2808 | | ordered. Under this subsection, the speaker may divide the |
---|
2808 | 2809 | | question into groups of propositions that are closely related. |
---|
2809 | 2810 | | Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is |
---|
2810 | 2811 | | present and fails or refuses to vote after being requested to do so |
---|
2811 | 2812 | | by the speaker shall be recorded as present but not voting, and |
---|
2812 | 2813 | | shall be counted for the purpose of making a quorum. |
---|
2813 | 2814 | | Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A |
---|
2814 | 2815 | | member must be on the floor of the house or in an adjacent room or |
---|
2815 | 2816 | | hallway on the same level as the house floor, in order to vote. |
---|
2816 | 2817 | | Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During |
---|
2817 | 2818 | | each calendar day in which the house is in session, it shall be the |
---|
2818 | 2819 | | duty of the journal clerk to lock the voting machine of each member |
---|
2819 | 2820 | | who is excused or who is otherwise known to be absent. Each such |
---|
2820 | 2821 | | machine shall remain locked until the member in person contacts the |
---|
2821 | 2822 | | journal clerk and personally requests the unlocking of the machine. |
---|
2822 | 2823 | | Unless otherwise directed by the speaker, the journal clerk shall |
---|
2823 | 2824 | | not unlock any machine except at the personal request of the member |
---|
2824 | 2825 | | to whom the machine is assigned. Any violation, or any attempt by a |
---|
2825 | 2826 | | member or employee to circumvent the letter or spirit of this |
---|
2826 | 2827 | | section, shall be reported immediately to the speaker for such |
---|
2827 | 2828 | | disciplinary action by the speaker, or by the house, as may be |
---|
2828 | 2829 | | warranted under the circumstances. |
---|
2829 | 2830 | | Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found |
---|
2830 | 2831 | | guilty by the house of knowingly voting for another member on the |
---|
2831 | 2832 | | voting machine without that other member's permission shall be |
---|
2832 | 2833 | | subject to discipline deemed appropriate by the house. |
---|
2833 | 2834 | | Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has |
---|
2834 | 2835 | | begun, it may not be interrupted for any reason. While a yea and nay |
---|
2835 | 2836 | | vote is being taken, or the vote is being counted, no member shall |
---|
2836 | 2837 | | visit the reading clerk's desk or the voting clerk's desk. |
---|
2837 | 2838 | | Sec. 49. EXPLANATION OF VOTE. (a) No member shall be |
---|
2838 | 2839 | | allowed to interrupt the vote or to make any explanation of a vote |
---|
2839 | 2840 | | that the member is about to give after the voting machine has been |
---|
2840 | 2841 | | opened, but may record in the journal the reasons for giving such a |
---|
2841 | 2842 | | vote. |
---|
2842 | 2843 | | (b) A "Reason for Vote" must be in writing and filed with the |
---|
2843 | 2844 | | journal clerk. If timely received, the "Reason for Vote" shall be |
---|
2844 | 2845 | | printed immediately following the results of the vote in the |
---|
2845 | 2846 | | journal. Otherwise, "Reasons for Vote" shall be printed in a |
---|
2846 | 2847 | | separate section at the end of the journal for the day on which the |
---|
2847 | 2848 | | reasons were recorded with the journal clerk. Such "Reason for |
---|
2848 | 2849 | | Vote" shall not deal in personalities or contain any personal |
---|
2849 | 2850 | | reflection on any member of the legislature, the speaker, the |
---|
2850 | 2851 | | lieutenant governor, or the governor, and shall not in any other |
---|
2851 | 2852 | | manner transgress the rules of the house relating to decorum and |
---|
2852 | 2853 | | debate. |
---|
2853 | 2854 | | (c) A member absent when a vote was taken may file with the |
---|
2854 | 2855 | | journal clerk while the house is in session a statement of how the |
---|
2855 | 2856 | | member would have voted if present. If timely received, the |
---|
2856 | 2857 | | statement shall be printed immediately following the results of the |
---|
2857 | 2858 | | vote in the journal. Otherwise, statements shall be printed in a |
---|
2858 | 2859 | | separate section at the end of the journal for the day on which the |
---|
2859 | 2860 | | statements were recorded with the journal clerk. |
---|
2860 | 2861 | | Sec. 50. PAIRS. (a) All pairs must be announced before the |
---|
2861 | 2862 | | vote is declared by the speaker, and a written statement sent to the |
---|
2862 | 2863 | | journal clerk. The statement must be signed by the absent member to |
---|
2863 | 2864 | | the pair, or the member's signature must have been authorized in |
---|
2864 | 2865 | | writing or by telephone, and satisfactory evidence presented to the |
---|
2865 | 2866 | | speaker if deemed necessary. If authorized in writing, the writing |
---|
2866 | 2867 | | shall be delivered to the chief clerk by personal delivery or by |
---|
2867 | 2868 | | commercially acceptable means of delivery, including electronic |
---|
2868 | 2869 | | transmission by PDF or similar secure format that is capable of |
---|
2869 | 2870 | | transmitting an accurate image of the member's signature. If |
---|
2870 | 2871 | | authorized by telephone, the call must be to and confirmed by the |
---|
2871 | 2872 | | chief clerk in advance of the vote to which it applies. Pairs shall |
---|
2872 | 2873 | | be entered in the journal, and the member present shall be counted |
---|
2873 | 2874 | | to make a quorum. |
---|
2874 | 2875 | | (b) The speaker may not refuse to recognize a pair that |
---|
2875 | 2876 | | complies with the requirements of Subsection (a), if both members |
---|
2876 | 2877 | | consent to the pair. |
---|
2877 | 2878 | | Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the |
---|
2882 | 2883 | | (b) A motion to expunge a yea and nay vote from the journal |
---|
2883 | 2884 | | shall not be in order. |
---|
2884 | 2885 | | (c) The yeas and nays of the members of the house on final |
---|
2885 | 2886 | | passage of any bill, any joint resolution proposing or ratifying a |
---|
2886 | 2887 | | constitutional amendment, and any other resolution, other than a |
---|
2887 | 2888 | | resolution of a purely ceremonial or honorary nature, shall be |
---|
2888 | 2889 | | taken and entered in the journal. For purposes of this subsection, a |
---|
2889 | 2890 | | vote on final passage includes a vote on: |
---|
2890 | 2891 | | (1) third reading; |
---|
2891 | 2892 | | (2) second reading if the house suspends or otherwise |
---|
2892 | 2893 | | dispenses with the requirement for three readings; |
---|
2893 | 2894 | | (3) whether to concur in the senate's amendments; or |
---|
2894 | 2895 | | (4) whether to adopt a conference committee report. |
---|
2895 | 2896 | | Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The |
---|
2896 | 2897 | | Committee on House Administration shall ensure that: |
---|
2897 | 2898 | | (1) the recorded yeas and nays are available to the |
---|
2898 | 2899 | | public on the Internet and on any televised broadcast of the house |
---|
2899 | 2900 | | proceedings produced by or under the direction of the house; and |
---|
2900 | 2901 | | (2) members of the public may view the yeas and nays in |
---|
2901 | 2902 | | real time to the extent possible on the Internet and on any |
---|
2902 | 2903 | | televised broadcast of the house proceedings produced by or under |
---|
2903 | 2904 | | the direction of the house. |
---|
2904 | 2905 | | Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On |
---|
2905 | 2906 | | any question where a record of the yeas and nays has not been |
---|
2906 | 2907 | | ordered, members may have their votes recorded in the journal as |
---|
2907 | 2908 | | "yea" or "nay" by filing such information with the journal clerk |
---|
2908 | 2909 | | before adjournment or recess to another calendar day. |
---|
2909 | 2910 | | Sec. 53. CHANGING A VOTE. Before the result of a vote has |
---|
2910 | 2911 | | been finally and conclusively pronounced by the chair, but not |
---|
2911 | 2912 | | thereafter, a member may change his or her vote; however, if a |
---|
2912 | 2913 | | member's vote is erroneous, the member shall be allowed to change |
---|
2913 | 2914 | | that vote at a later time provided: |
---|
2914 | 2915 | | (1) the result of the record vote is not changed |
---|
2915 | 2916 | | thereby; |
---|
2916 | 2917 | | (2) the request is made known to the house by the chair |
---|
2917 | 2918 | | and permission for the change is granted by unanimous consent; and |
---|
2918 | 2919 | | (3) a notation is made in the journal that the member's |
---|
2919 | 2920 | | vote was changed. |
---|
2920 | 2921 | | Sec. 54. TIE VOTE. All matters on which a vote may be taken |
---|
2921 | 2922 | | by the house shall require for adoption a favorable affirmative |
---|
2922 | 2923 | | vote as required by these rules, and in the case of a tie vote, the |
---|
2923 | 2924 | | matter shall be considered lost. |
---|
2924 | 2925 | | Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the |
---|
2925 | 2926 | | result of a yea and nay vote is close, the speaker may on the request |
---|
2926 | 2927 | | of any member order a verification vote, or the speaker may order a |
---|
2927 | 2928 | | verification on his or her own initiative. During verification, no |
---|
2928 | 2929 | | member shall change a vote unless it was erroneously recorded, nor |
---|
2929 | 2930 | | may any member not having voted cast a vote; however, when the clerk |
---|
2930 | 2931 | | errs in reporting the yeas and nays, and correction thereof leaves |
---|
2931 | 2932 | | decisive effect to the speaker's vote, the speaker may exercise the |
---|
2932 | 2933 | | right to vote, even though the result has been announced. A |
---|
2933 | 2934 | | verification shall be called for immediately after the vote is |
---|
2934 | 2935 | | announced. The speaker shall not entertain a request for |
---|
2935 | 2936 | | verification after the house has proceeded to the next question, or |
---|
2936 | 2937 | | after a recess or an adjournment. A vote to recess or adjourn, like |
---|
2937 | 2938 | | any other proposition, may be verified. Only one vote verification |
---|
2938 | 2939 | | can be pending at a time. A verification may be dispensed with by a |
---|
2939 | 2940 | | two-thirds vote. |
---|
2940 | 2941 | | Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may |
---|
2941 | 2942 | | allow the verification of a registration (as differentiated from a |
---|
2942 | 2943 | | record vote) if in the speaker's opinion there is serious doubt as |
---|
2943 | 2944 | | to the presence of a quorum. |
---|
2944 | 2945 | | Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING |
---|
2945 | 2946 | | VERIFICATION. A motion for a call of the house, and all incidental |
---|
2946 | 2947 | | motions relating to it, shall be in order pending the verification |
---|
2947 | 2948 | | of a vote. These motions must be made before the roll call on |
---|
2948 | 2949 | | verification begins, and it shall not be in order to break into the |
---|
2949 | 2950 | | roll call to make them. |
---|
2950 | 2951 | | Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A |
---|
2951 | 2952 | | VOTE. If, by an error of the voting clerk or reading clerk in |
---|
2952 | 2953 | | reporting the yeas and nays from a registration or verification, |
---|
2953 | 2954 | | the speaker announces a result different from that shown by the |
---|
2954 | 2955 | | registration or verification, the status of the question shall be |
---|
2955 | 2956 | | determined by the vote as actually recorded. If the vote is |
---|
2956 | 2957 | | erroneously announced in such a way as to change the true result, |
---|
2957 | 2958 | | all subsequent proceedings in connection therewith shall fail, and |
---|
2958 | 2959 | | the journal shall be amended accordingly. |
---|
2959 | 2960 | | RULE 6. ORDER OF BUSINESS AND CALENDARS |
---|
2960 | 2961 | | Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house |
---|
2961 | 2962 | | convenes on a new legislative day, the daily order of business shall |
---|
2962 | 2963 | | be as follows: |
---|
2963 | 2964 | | (1) Call to order by speaker. |
---|
2964 | 2965 | | (2) Registration of members. |
---|
2965 | 2966 | | (3) Prayer by chaplain, unless the invocation has been |
---|
2966 | 2967 | | given previously on the particular calendar day. |
---|
2967 | 2968 | | (4) Pledge of allegiance to the United States flag. |
---|
2968 | 2969 | | (5) Pledge of allegiance to the Texas flag. |
---|
2969 | 2970 | | (6) Excuses for absence of members and officers. |
---|
2970 | 2971 | | (7) First reading and reference to committee of bills |
---|
2971 | 2972 | | filed with the chief clerk; and motions to introduce bills, when |
---|
2972 | 2973 | | such motions are required. |
---|
2973 | 2974 | | (8) Requests to print bills and other papers; requests |
---|
2974 | 2975 | | of committees for further time to consider papers referred to them; |
---|
2975 | 2976 | | and all other routine motions and business not otherwise provided |
---|
2976 | 2977 | | for, all of which shall be undebatable except that the mover and one |
---|
2977 | 2978 | | opponent of the motion shall be allowed three minutes each. |
---|
2978 | 2979 | | The mover of a routine motion shall be allowed his or her |
---|
2979 | 2980 | | choice of making the opening or the closing speech under this rule. |
---|
2980 | 2981 | | If the house, under a suspension of the rules, extends the time of a |
---|
2981 | 2982 | | member under this rule, such extensions shall be for three minutes. |
---|
2982 | 2983 | | Subsidiary motions that are applicable to routine motions shall be |
---|
2983 | 2984 | | in order, but the makers of such subsidiary motions shall not be |
---|
2984 | 2985 | | entitled to speak thereon in the routine motion period, nor shall |
---|
2985 | 2986 | | the authors of the original routine motions be allowed any |
---|
2986 | 2987 | | additional time because of subsidiary motions. |
---|
2987 | 2988 | | (9) Unfinished business. |
---|
2988 | 2989 | | (10) Third reading calendars of the house in their |
---|
2989 | 2990 | | order of priority in accordance with Section 7 of this rule, unless |
---|
2990 | 2991 | | a different order is determined under other provisions of these |
---|
2991 | 2992 | | rules. |
---|
2992 | 2993 | | (11) Postponed matters to be laid before the house in |
---|
2993 | 2994 | | accordance with Rule 7, Section 15. |
---|
2994 | 2995 | | (12) Second reading calendars of the house in their |
---|
2995 | 2996 | | order of priority in accordance with Section 7 of this rule, unless |
---|
2996 | 2997 | | a different order is determined under other provisions of these |
---|
2997 | 2998 | | rules. |
---|
2998 | 2999 | | (b) When the house reconvenes for the first time on a new |
---|
2999 | 3000 | | calendar day following a recess, the daily order of business shall |
---|
3000 | 3001 | | be: |
---|
3001 | 3002 | | (1) Call to order by the speaker. |
---|
3002 | 3003 | | (2) Registration of members. |
---|
3003 | 3004 | | (3) Prayer by the chaplain. |
---|
3004 | 3005 | | (4) Pledge of allegiance to the United States flag. |
---|
3005 | 3006 | | (5) Pledge of allegiance to the Texas flag. |
---|
3006 | 3007 | | (6) Excuses for absence of members and officers. |
---|
3007 | 3008 | | (7) Pending business. |
---|
3008 | 3009 | | (8) Calendars of the house in their order of priority |
---|
3009 | 3010 | | in accordance with Section 7 of this rule, unless a different order |
---|
3010 | 3011 | | is determined under other provisions of these rules. |
---|
3011 | 3012 | | Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or |
---|
3012 | 3013 | | other measure may on any day be made a special order for the same day |
---|
3013 | 3014 | | or for a future day of the session by an affirmative vote of |
---|
3014 | 3015 | | two-thirds of the members present. A motion to set a special order |
---|
3015 | 3016 | | shall be subject to the three-minute pro and con debate rule. When |
---|
3016 | 3017 | | once established as a special order, a bill, resolution, or other |
---|
3017 | 3018 | | measure shall be considered from day to day until disposed of; and |
---|
3018 | 3019 | | until it has been disposed of, no further special orders shall be |
---|
3019 | 3020 | | made. |
---|
3020 | 3021 | | A three-fourths vote of the members present shall be required |
---|
3021 | 3022 | | to suspend the portion of this rule which specifies that only one |
---|
3022 | 3023 | | special order may be made and pending at a time. |
---|
3023 | 3024 | | (b) After the first eight items under the daily order of |
---|
3024 | 3025 | | business for a legislative day have been passed, a special order |
---|
3025 | 3026 | | shall have precedence when the hour for its consideration has |
---|
3026 | 3027 | | arrived, except as provided in Section 9 of this rule. |
---|
3027 | 3028 | | (c) After the 115th day of a regular session, if a joint |
---|
3028 | 3029 | | resolution has appeared on a daily house calendar and is adopted, |
---|
3029 | 3030 | | and a bill that is enabling legislation for the joint resolution is |
---|
3030 | 3031 | | either on or eligible to be placed on a calendar, the author or |
---|
3031 | 3032 | | sponsor of the bill or another member may immediately be recognized |
---|
3032 | 3033 | | for a motion to set the bill that is the enabling legislation as a |
---|
3033 | 3034 | | special order pursuant to this section. For purposes of this |
---|
3034 | 3035 | | subsection, the bill must have been designated as the enabling |
---|
3035 | 3036 | | legislation for the joint resolution in writing filed with the |
---|
3036 | 3037 | | chief clerk not later than the date the committee report for the |
---|
3037 | 3038 | | enabling legislation is printed and distributed. |
---|
3038 | 3039 | | Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order |
---|
3039 | 3040 | | may be postponed to a day certain by a two-thirds vote of those |
---|
3040 | 3041 | | present, and when so postponed, shall be considered as disposed of |
---|
3041 | 3042 | | so far as its place as a special order is concerned. |
---|
3042 | 3043 | | Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or |
---|
3043 | 3044 | | resolution laid on the table subject to call may be made a special |
---|
3044 | 3045 | | order. |
---|
3045 | 3046 | | Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a |
---|
3046 | 3047 | | motion is pending to set a particular bill or resolution as a |
---|
3047 | 3048 | | special order, it shall not be in order to move as a substitute to |
---|
3048 | 3049 | | set another bill or resolution as a special order. It shall be in |
---|
3049 | 3050 | | order, however, to substitute, by majority vote, a different time |
---|
3050 | 3051 | | for the special order consideration than that given in the original |
---|
3051 | 3052 | | motion. |
---|
3052 | 3053 | | Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES. |
---|
3053 | 3054 | | If a member moves to set a bill or joint resolution as a special |
---|
3054 | 3055 | | order, or moves to suspend the rules to take up a bill or joint |
---|
3055 | 3056 | | resolution out of its regular order, and the motion prevails, the |
---|
3056 | 3057 | | member shall not have the right to make either of these motions |
---|
3057 | 3058 | | again until every other member has had an opportunity, via either of |
---|
3058 | 3059 | | these motions, to have some bill or joint resolution considered out |
---|
3059 | 3060 | | of its regular order during that session of the legislature. A |
---|
3060 | 3061 | | member shall not lose the suspension privilege if the motion to |
---|
3061 | 3062 | | suspend or set for special order does not prevail. |
---|
3062 | 3063 | | Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of |
---|
3063 | 3064 | | the house shall be controlled by a system of calendars, consisting |
---|
3064 | 3065 | | of the following: |
---|
3065 | 3066 | | (1) EMERGENCY CALENDAR, on which shall appear bills |
---|
3066 | 3067 | | considered to be of such pressing and imperative import as to demand |
---|
3067 | 3068 | | immediate action, bills to raise revenue and levy taxes, and the |
---|
3068 | 3069 | | general appropriations bill. A bill submitted as an emergency |
---|
3069 | 3070 | | matter by the governor may also be placed on this calendar. |
---|
3070 | 3071 | | (2) MAJOR STATE CALENDAR, on which shall appear bills |
---|
3071 | 3072 | | of statewide effect, not emergency in nature, which establish or |
---|
3072 | 3073 | | change state policy in a major field of governmental activity and |
---|
3073 | 3074 | | which will have a major impact in application throughout the state |
---|
3074 | 3075 | | without regard to class, area, or other limiting factors. |
---|
3075 | 3076 | | (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which |
---|
3076 | 3077 | | shall appear joint resolutions proposing amendments to the Texas |
---|
3077 | 3078 | | Constitution, joint resolutions proposing the ratification of |
---|
3078 | 3079 | | amendments to the Constitution of the United States, and joint |
---|
3079 | 3080 | | resolutions applying to Congress for a convention to amend the |
---|
3080 | 3081 | | Constitution of the United States. |
---|
3081 | 3082 | | (4) GENERAL STATE CALENDAR, on which shall appear |
---|
3082 | 3083 | | bills of statewide effect, not emergency in nature, which establish |
---|
3083 | 3084 | | or change state law and which have application to all areas but are |
---|
3084 | 3085 | | limited in legal effect by classification or other factors which |
---|
3085 | 3086 | | minimize the impact to something less than major state policy, and |
---|
3086 | 3087 | | bills, not emergency in nature, which are not on the local, consent, |
---|
3087 | 3088 | | and resolutions calendar. |
---|
3088 | 3089 | | (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which |
---|
3089 | 3090 | | shall appear bills, house resolutions, and concurrent resolutions, |
---|
3090 | 3091 | | not emergency in nature, regardless of extent and scope, on which |
---|
3091 | 3092 | | there is such general agreement as to render improbable any |
---|
3092 | 3093 | | opposition to the consideration and passage thereof, and which have |
---|
3093 | 3094 | | been recommended by the appropriate standing committee for |
---|
3094 | 3095 | | placement on the local, consent, and resolutions calendar by the |
---|
3095 | 3096 | | Committee on Local and Consent Calendars. |
---|
3096 | 3097 | | (6) RESOLUTIONS CALENDAR, on which shall appear house |
---|
3097 | 3098 | | resolutions and concurrent resolutions, not emergency in nature and |
---|
3098 | 3099 | | not privileged. |
---|
3099 | 3100 | | (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR, |
---|
3100 | 3101 | | on which shall appear congratulatory and memorial resolutions whose |
---|
3101 | 3102 | | sole intent is to congratulate, memorialize, or otherwise express |
---|
3102 | 3103 | | concern or commendation. The Committee on Resolutions Calendars |
---|
3103 | 3104 | | may provide separate categories for congratulatory and memorial |
---|
3104 | 3105 | | resolutions. |
---|
3105 | 3106 | | (b) A calendars committee shall strictly construe and the |
---|
3106 | 3107 | | speaker shall strictly enforce this system of calendars. |
---|
3107 | 3108 | | Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and |
---|
3108 | 3109 | | resolutions pending in the house shall follow the same procedure |
---|
3109 | 3110 | | with regard to calendars as house bills and resolutions, but |
---|
3110 | 3111 | | separate calendars shall be maintained for senate bills and |
---|
3111 | 3112 | | resolutions, and consideration of them on senate bill days shall |
---|
3112 | 3113 | | have priority in the manner and order specified in this rule. |
---|
3113 | 3114 | | (b) No other business shall be considered on days devoted to |
---|
3114 | 3115 | | the consideration of senate bills when there remain any bills on any |
---|
3115 | 3116 | | of the senate calendars, except with the consent of the senate. When |
---|
3116 | 3117 | | all senate calendars are clear, the house may proceed to |
---|
3117 | 3118 | | consideration of house calendars on senate bill days. |
---|
3118 | 3119 | | Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and |
---|
3119 | 3120 | | on calendar Thursday of each week, only senate bills and senate |
---|
3120 | 3121 | | resolutions shall be taken up and considered, until disposed of. |
---|
3121 | 3122 | | Senate bills and senate resolutions shall be considered in the |
---|
3122 | 3123 | | order prescribed in Section 7 of this rule on separate senate |
---|
3123 | 3124 | | calendars prepared by the Committee on Calendars. In case a senate |
---|
3124 | 3125 | | bill or senate resolution is pending at adjournment on calendar |
---|
3125 | 3126 | | Thursday, it shall go over to the succeeding calendar Wednesday as |
---|
3126 | 3127 | | unfinished business. |
---|
3127 | 3128 | | (b) Precedence given in Rule 8 to certain classes of bills |
---|
3128 | 3129 | | during the first 60 calendar days of a regular session shall also |
---|
3129 | 3130 | | apply to senate bills on senate bill days. |
---|
3130 | 3131 | | Sec. 10. CONSIDERATION OF SENATE BILL ON SAME |
---|
3131 | 3132 | | SUBJECT. When any house bill is reached on the calendar or is |
---|
3132 | 3133 | | before the house for consideration, it shall be the duty of the |
---|
3133 | 3134 | | speaker to give the place on the calendar of the house bill to any |
---|
3134 | 3135 | | senate bill containing the same subject that has been referred to |
---|
3135 | 3136 | | and reported from a committee of the house and to lay the senate |
---|
3136 | 3137 | | bill before the house, to be considered in lieu of the house bill. |
---|
3137 | 3138 | | Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND |
---|
3138 | 3139 | | MEMORIAL CALENDARS. As the volume of legislation shall warrant, |
---|
3139 | 3140 | | the chair of the Committee on Resolutions Calendars shall move to |
---|
3140 | 3141 | | designate periods for the consideration of congratulatory and |
---|
3141 | 3142 | | memorial calendars. Each such motion shall require a two-thirds |
---|
3142 | 3143 | | vote for its adoption. In each instance, the Committee on |
---|
3143 | 3144 | | Resolutions Calendars shall prepare and post on the electronic |
---|
3144 | 3145 | | legislative information system a calendar at least 24 hours in |
---|
3145 | 3146 | | advance of the hour set for consideration. No memorial or |
---|
3146 | 3147 | | congratulatory resolution will be heard by the full house without |
---|
3147 | 3148 | | having first been approved, at least 24 hours in advance, by a |
---|
3148 | 3149 | | majority of the membership of the Committee on Resolutions |
---|
3149 | 3150 | | Calendars, in accordance with Rule 4, Section 16. It shall not be |
---|
3150 | 3151 | | necessary for the Committee on Resolutions Calendars to report a |
---|
3151 | 3152 | | memorial or congratulatory resolution from committee in order to |
---|
3152 | 3153 | | place the resolution on a congratulatory and memorial calendar. If |
---|
3153 | 3154 | | the Committee on Resolutions Calendars determines that a resolution |
---|
3154 | 3155 | | is not eligible for placement on the congratulatory and memorial |
---|
3155 | 3156 | | calendar the measure shall be sent to the Committee on Calendars for |
---|
3156 | 3157 | | further action. A congratulatory and memorial calendar will |
---|
3157 | 3158 | | contain the resolution number, the author's name, and a brief |
---|
3158 | 3159 | | description of the intent of the resolution. On the congratulatory |
---|
3159 | 3160 | | and memorial calendar, congratulatory resolutions may be listed |
---|
3160 | 3161 | | separately from memorial resolutions. Once a calendar is posted, |
---|
3161 | 3162 | | no additional resolutions will be added to it, and the requirements |
---|
3162 | 3163 | | of this section shall not be subject to suspension. |
---|
3163 | 3164 | | Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND |
---|
3164 | 3165 | | MEMORIAL CALENDARS. During the consideration of a congratulatory |
---|
3165 | 3166 | | and memorial calendar, resolutions shall not be read in full unless |
---|
3166 | 3167 | | they pertain to members or former members of the legislature, or |
---|
3167 | 3168 | | unless the intended recipient of the resolution is present on the |
---|
3168 | 3169 | | house floor or in the gallery. All other such resolutions shall be |
---|
3169 | 3170 | | read only by number, type of resolution, and name of the person or |
---|
3170 | 3171 | | persons designated in the resolutions. Members shall notify the |
---|
3171 | 3172 | | chair, in advance of consideration of the calendar, of any |
---|
3172 | 3173 | | resolutions that will be required to be read in full. In addition, |
---|
3173 | 3174 | | the following procedures shall be observed: |
---|
3174 | 3175 | | (1) The chair shall recognize the reading clerk to |
---|
3175 | 3176 | | read the resolutions within each category on the calendar only by |
---|
3176 | 3177 | | number, type of resolution, author or sponsor, and name of the |
---|
3177 | 3178 | | person or persons designated in the resolutions, except for those |
---|
3178 | 3179 | | resolutions that have been withdrawn or that are required to be read |
---|
3179 | 3180 | | in full. The resolutions read by the clerk shall then be adopted in |
---|
3180 | 3181 | | one motion for each category. |
---|
3181 | 3182 | | (2) Subsequent to the adoption of the resolutions read |
---|
3182 | 3183 | | by the clerk, the chair shall proceed to lay before the house the |
---|
3183 | 3184 | | resolutions on the calendar that are required to be read in full. |
---|
3184 | 3185 | | Each such resolution shall be read and adopted individually. |
---|
3185 | 3186 | | (3) If it develops that any resolution on the |
---|
3186 | 3187 | | congratulatory and memorial calendar does not belong on that |
---|
3187 | 3188 | | calendar, the chair shall withdraw the resolution from further |
---|
3188 | 3189 | | consideration, remove it from the calendar, and refer it to the |
---|
3189 | 3190 | | appropriate calendars committee for placement on the proper |
---|
3190 | 3191 | | calendar. |
---|
3191 | 3192 | | Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND |
---|
3192 | 3193 | | RESOLUTIONS CALENDARS. (a) As the volume of legislation shall |
---|
3193 | 3194 | | warrant, the chair of the Committee on Local and Consent Calendars |
---|
3194 | 3195 | | shall move to designate periods for the consideration of local, |
---|
3195 | 3196 | | consent, and resolutions calendars. Each such motion shall require |
---|
3196 | 3197 | | a two-thirds vote for its adoption. In each instance, the Committee |
---|
3197 | 3198 | | on Local and Consent Calendars shall prepare and post on the |
---|
3198 | 3199 | | electronic legislative information system a calendar at least 48 |
---|
3199 | 3200 | | hours in advance of the hour set for consideration. Once a calendar |
---|
3200 | 3201 | | is posted, no additional bills or resolutions will be added to it. |
---|
3201 | 3202 | | This requirement can be suspended only by unanimous consent. No |
---|
3202 | 3203 | | local, consent, and resolutions calendar may be considered by the |
---|
3203 | 3204 | | house if it is determined that the rules of the house were not |
---|
3204 | 3205 | | complied with by the Committee on Local and Consent Calendars in |
---|
3205 | 3206 | | preparing that calendar. |
---|
3206 | 3207 | | (b) The period designated for the consideration of a local, |
---|
3207 | 3208 | | consent, and resolutions calendar under this section or under a |
---|
3208 | 3209 | | special order under Section 2 of this rule may not exceed one |
---|
3209 | 3210 | | calendar day. |
---|
3210 | 3211 | | Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND |
---|
3211 | 3212 | | RESOLUTIONS CALENDARS. During the consideration of a local, |
---|
3212 | 3213 | | consent, and resolutions calendar set by the Committee on Local and |
---|
3213 | 3214 | | Consent Calendars the following procedures shall be observed: |
---|
3214 | 3215 | | (1) The chair shall allow the sponsor of each bill or |
---|
3215 | 3216 | | resolution three minutes to explain the measure, and the time shall |
---|
3216 | 3217 | | not be extended except by unanimous consent of the house. This rule |
---|
3217 | 3218 | | shall have precedence over all other rules limiting time for |
---|
3218 | 3219 | | debate. |
---|
3219 | 3220 | | (2) If it develops that any bill or resolution on a |
---|
3220 | 3221 | | local, consent, and resolutions calendar is to be contested on the |
---|
3221 | 3222 | | floor of the house under Subdivision (3) or (4) of this section, the |
---|
3222 | 3223 | | chair shall withdraw the bill or resolution from further |
---|
3223 | 3224 | | consideration and remove it from the calendar. |
---|
3224 | 3225 | | (3) Any bill or resolution on a local, consent, and |
---|
3225 | 3226 | | resolutions calendar shall be considered contested if notice is |
---|
3226 | 3227 | | given by five or more members present in the house under Rule 5, |
---|
3227 | 3228 | | Section 45, that they intend to oppose the bill or resolution, |
---|
3228 | 3229 | | either by a raising of hands or the delivery of written notice to |
---|
3229 | 3230 | | the chair. |
---|
3230 | 3231 | | (4) Any bill or resolution on a local, consent, and |
---|
3231 | 3232 | | resolutions calendar shall be considered contested if debate |
---|
3232 | 3233 | | exceeds 10 minutes, after the chair lays out the bill or resolution |
---|
3233 | 3234 | | following the sponsor's explanation under Subdivision (1) of this |
---|
3234 | 3235 | | section. The chair shall strictly enforce this time limit and |
---|
3235 | 3236 | | automatically withdraw the bill from further consideration if the |
---|
3236 | 3237 | | time limit herein imposed is exceeded. |
---|
3237 | 3238 | | (5) Any bill or resolution on a local, consent, and |
---|
3238 | 3239 | | resolutions calendar that is not reached for floor consideration |
---|
3239 | 3240 | | because of the expiration of the calendar day period for |
---|
3240 | 3241 | | consideration established by Section 13 of this rule shall carry |
---|
3241 | 3242 | | over onto the next local, consent, and resolutions calendar. Bills |
---|
3242 | 3243 | | or resolutions that carry over must appear in the same relative |
---|
3243 | 3244 | | order as on the calendar on which the bills or resolutions initially |
---|
3244 | 3245 | | appeared, and bills or resolutions originally from older calendars |
---|
3245 | 3246 | | must appear before those originally from more recent calendars. |
---|
3246 | 3247 | | (6) A motion to postpone a bill or resolution on a |
---|
3247 | 3248 | | local, consent, and resolutions calendar to a subsequent |
---|
3248 | 3249 | | legislative or calendar day requires an affirmative vote of |
---|
3249 | 3250 | | two-thirds of the members present. |
---|
3250 | 3251 | | Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for |
---|
3251 | 3252 | | local, consent, and resolutions calendars and congratulatory and |
---|
3252 | 3253 | | memorial calendars, consideration of calendars shall be in the |
---|
3253 | 3254 | | order named in Section 7 of this rule, subject to any exceptions |
---|
3254 | 3255 | | ordered by the Committee on Calendars. Bills and resolutions on |
---|
3255 | 3256 | | third reading shall have precedence over bills and resolutions on |
---|
3256 | 3257 | | second reading. |
---|
3257 | 3258 | | Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS |
---|
3258 | 3259 | | OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be |
---|
3259 | 3260 | | prepared daily when the house is in session. A calendar must be |
---|
3260 | 3261 | | posted on the electronic legislative information system at least 36 |
---|
3261 | 3262 | | hours if convened in regular session and 24 hours if convened in |
---|
3262 | 3263 | | special session before the calendar may be considered by the house, |
---|
3263 | 3264 | | except as otherwise provided by these rules for the calendar on |
---|
3264 | 3265 | | which the general appropriations bill is first eligible for |
---|
3265 | 3266 | | consideration on second reading when convened in regular session. |
---|
3266 | 3267 | | A calendar that contains a bill extending an agency, commission, or |
---|
3267 | 3268 | | advisory committee under the Texas Sunset Act must be posted at |
---|
3268 | 3269 | | least 48 hours if convened in regular or special session before the |
---|
3269 | 3270 | | calendar may be considered by the house. Deviations from the |
---|
3270 | 3271 | | calendars as posted shall not be permitted except that the |
---|
3271 | 3272 | | Committee on Calendars shall be authorized to prepare and post, not |
---|
3272 | 3273 | | later than two hours before the house convenes, a supplemental |
---|
3273 | 3274 | | daily house calendar, on which shall appear: |
---|
3274 | 3275 | | (1) bills or resolutions which were passed to third |
---|
3275 | 3276 | | reading on the previous legislative day, except as provided by |
---|
3276 | 3277 | | Section 24(b) of this rule; |
---|
3277 | 3278 | | (2) bills or resolutions which appeared on the Daily |
---|
3278 | 3279 | | House Calendar for a previous calendar day which were not reached |
---|
3279 | 3280 | | for floor consideration; |
---|
3280 | 3281 | | (3) postponed business from a previous calendar day; |
---|
3281 | 3282 | | and |
---|
3282 | 3283 | | (4) notice to take from the table a bill or resolution |
---|
3283 | 3284 | | which was laid on the table subject to call on a previous |
---|
3284 | 3285 | | legislative day. |
---|
3285 | 3286 | | In addition to the items listed above, the bills and |
---|
3286 | 3287 | | resolutions from a daily house calendar that will be eligible for |
---|
3287 | 3288 | | consideration may be incorporated, in their proper order as |
---|
3288 | 3289 | | determined by these rules, into the supplemental daily house |
---|
3289 | 3290 | | calendar. |
---|
3290 | 3291 | | (a-1) If the house is convened in regular session, the |
---|
3291 | 3292 | | calendar on which the general appropriations bill is first eligible |
---|
3292 | 3293 | | for consideration on second reading must be posted on the |
---|
3293 | 3294 | | electronic legislative information system at least 144 hours before |
---|
3294 | 3295 | | the calendar may be considered by the house. The posted calendar |
---|
3295 | 3296 | | must indicate the date and time at which the calendar is scheduled |
---|
3296 | 3297 | | for consideration by the house, which date and time must be in |
---|
3297 | 3298 | | accordance with Rule 8, Section 14. |
---|
3298 | 3299 | | (b) In addition, when the volume of legislation shall |
---|
3299 | 3300 | | warrant, and upon request of the speaker, the chief clerk shall have |
---|
3300 | 3301 | | prepared a list of Items Eligible for Consideration, on which shall |
---|
3301 | 3302 | | appear only: |
---|
3302 | 3303 | | (1) house bills with senate amendments that are |
---|
3303 | 3304 | | eligible for consideration under Rule 13, Section 5, including the |
---|
3304 | 3305 | | number of senate amendments and the total number of pages of senate |
---|
3305 | 3306 | | amendments; |
---|
3306 | 3307 | | (2) senate bills for which the senate has requested |
---|
3307 | 3308 | | appointment of a conference committee; and |
---|
3308 | 3309 | | (3) conference committee reports that are eligible for |
---|
3309 | 3310 | | consideration under Rule 13, Section 10. |
---|
3310 | 3311 | | (c) The list of Items Eligible for Consideration must be |
---|
3311 | 3312 | | posted on the electronic legislative information system at least |
---|
3312 | 3313 | | six hours before the list may be considered by the house. |
---|
3313 | 3314 | | (d) The time at which a calendar or list is posted on the |
---|
3314 | 3315 | | electronic legislative information system shall be time-stamped on |
---|
3315 | 3316 | | the originals of the calendar or list. |
---|
3316 | 3317 | | (e) No house calendar shall be eligible for consideration if |
---|
3317 | 3318 | | it is determined that the rules of the house were not complied with |
---|
3318 | 3319 | | by the Committee on Calendars in preparing that calendar. |
---|
3319 | 3320 | | (f) If the Committee on Calendars has proposed a rule for |
---|
3320 | 3321 | | floor consideration of a bill or resolution that is eligible to be |
---|
3321 | 3322 | | placed on a calendar of the daily house calendar, the rule must be |
---|
3322 | 3323 | | printed and a copy distributed to each member. If the bill or |
---|
3323 | 3324 | | resolution to which the rule will apply has already been placed on a |
---|
3324 | 3325 | | calendar of the daily house calendar, a copy of the rule must also |
---|
3325 | 3326 | | be posted with the calendar on which the bill or resolution appears. |
---|
3326 | 3327 | | The speaker shall lay a proposed rule before the house prior to the |
---|
3327 | 3328 | | consideration of the bill or resolution to which the rule will |
---|
3328 | 3329 | | apply. The rule shall be laid before the house not earlier than six |
---|
3329 | 3330 | | hours after a copy of the rule has been distributed to each member |
---|
3330 | 3331 | | in accordance with this subsection. The rule shall not be subject |
---|
3331 | 3332 | | to amendment, but to be effective, the rule must be approved by the |
---|
3332 | 3333 | | house by an affirmative vote of two-thirds of those members present |
---|
3333 | 3334 | | and voting, except that the rule must be approved by an affirmative |
---|
3334 | 3335 | | vote of a majority of those members present and voting if the rule |
---|
3335 | 3336 | | applies to a tax bill, an appropriations bill, or a redistricting |
---|
3336 | 3337 | | bill. If approved by the house in accordance with this subsection, |
---|
3337 | 3338 | | the rule will be effective for the consideration of the bill or |
---|
3338 | 3339 | | resolution on both second and third readings. |
---|
3339 | 3340 | | Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from |
---|
3340 | 3341 | | the calendar under Subsection (b) of this section, once a bill or |
---|
3341 | 3342 | | resolution is placed on its appropriate calendar under these rules, |
---|
3342 | 3343 | | and has appeared on a house calendar, as posted on the electronic |
---|
3343 | 3344 | | legislative information system, the bill shall retain its relative |
---|
3344 | 3345 | | position on the calendar until reached for floor consideration, and |
---|
3345 | 3346 | | the calendars committee with jurisdiction over the bill or |
---|
3346 | 3347 | | resolution shall have no authority to place other bills on the |
---|
3347 | 3348 | | calendar ahead of that bill, but all additions to the calendar shall |
---|
3348 | 3349 | | appear subsequent to the bill. |
---|
3349 | 3350 | | (b) If a bill or resolution that has been placed on a house |
---|
3350 | 3351 | | calendar, as posted on the electronic legislative information |
---|
3351 | 3352 | | system, is recommitted or withdrawn from further consideration, the |
---|
3352 | 3353 | | bill or resolution relinquishes its position on the calendar, and |
---|
3353 | 3354 | | the bill or resolution shall be removed from the calendar. |
---|
3354 | 3355 | | Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except |
---|
3355 | 3356 | | as provided in Section 11 of this rule as it relates to |
---|
3356 | 3357 | | congratulatory and memorial resolutions, no bill or resolution |
---|
3357 | 3358 | | shall be placed on a calendar until: |
---|
3358 | 3359 | | (1) it has been referred to and reported from its |
---|
3359 | 3360 | | appropriate standing committee by favorable committee action; or |
---|
3360 | 3361 | | (2) it is ordered printed on minority report or after a |
---|
3361 | 3362 | | committee has reported its inability to recommend a course of |
---|
3362 | 3363 | | action. |
---|
3363 | 3364 | | Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and |
---|
3364 | 3365 | | resolutions, on being reported from committee, shall be referred |
---|
3365 | 3366 | | immediately to the committee coordinator for printing and then to |
---|
3366 | 3367 | | the appropriate calendars committee for placement on the |
---|
3367 | 3368 | | appropriate calendar. |
---|
3368 | 3369 | | Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within |
---|
3369 | 3370 | | 30 calendar days after a bill or resolution has been referred to the |
---|
3370 | 3371 | | appropriate calendars committee, the committee must vote on whether |
---|
3371 | 3372 | | to place the bill or resolution on one of the calendars of the daily |
---|
3372 | 3373 | | house calendar or the local, consent, and resolutions calendar, as |
---|
3373 | 3374 | | applicable. A vote against placement of the bill or resolution on a |
---|
3374 | 3375 | | calendar does not preclude a calendars committee from later voting |
---|
3375 | 3376 | | in favor of placement of the bill or resolution on a calendar. |
---|
3376 | 3377 | | Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or |
---|
3377 | 3378 | | resolution has been in the appropriate calendars committee for 30 |
---|
3378 | 3379 | | calendar days, exclusive of the calendar day on which it was |
---|
3379 | 3380 | | referred, awaiting placement on one of the calendars of the daily |
---|
3380 | 3381 | | house calendar or on the local, consent, and resolutions calendar, |
---|
3381 | 3382 | | it shall be in order for a member to move that the bill or resolution |
---|
3382 | 3383 | | be placed on a specific calendar of the daily house calendar or on |
---|
3383 | 3384 | | the local, consent, and resolutions calendar without action by the |
---|
3384 | 3385 | | committee. This motion must be seconded by five members and shall |
---|
3385 | 3386 | | require a majority vote for adoption. |
---|
3386 | 3387 | | (b) A motion to place a bill or resolution on a specific |
---|
3387 | 3388 | | calendar of the daily house calendar or on the local, consent, and |
---|
3388 | 3389 | | resolutions calendar is not a privileged motion and must be made |
---|
3389 | 3390 | | during the routine motion period unless made under a suspension of |
---|
3390 | 3391 | | the rules. |
---|
3391 | 3392 | | Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND |
---|
3392 | 3393 | | RESOLUTIONS CALENDAR. No bill or resolution shall be considered |
---|
3393 | 3394 | | for placement on the local, consent, and resolutions calendar by |
---|
3394 | 3395 | | the Committee on Local and Consent Calendars unless a request for |
---|
3395 | 3396 | | that placement has been made to the chair of the standing committee |
---|
3396 | 3397 | | from which the bill or resolution was reported and unless the |
---|
3397 | 3398 | | committee report of the standing committee recommends that the bill |
---|
3398 | 3399 | | or resolution be sent to the Committee on Local and Consent |
---|
3399 | 3400 | | Calendars for placement on the local, consent, and resolutions |
---|
3400 | 3401 | | calendar. The recommendation of the standing committee shall be |
---|
3401 | 3402 | | advisory only, and the Committee on Local and Consent Calendars |
---|
3402 | 3403 | | shall have final authority to determine whether or not a bill or |
---|
3403 | 3404 | | resolution shall be placed on the local, consent, and resolutions |
---|
3404 | 3405 | | calendar. If the Committee on Local and Consent Calendars |
---|
3405 | 3406 | | determines that the bill or resolution is not eligible for |
---|
3406 | 3407 | | placement on the local, consent, and resolutions calendar, the |
---|
3407 | 3408 | | measure shall be sent to the Committee on Calendars for further |
---|
3408 | 3409 | | action. |
---|
3409 | 3410 | | Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL, |
---|
3410 | 3411 | | CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local |
---|
3411 | 3412 | | bill by Rule 8, Section 10(c), shall be placed on the local, |
---|
3412 | 3413 | | consent, and resolutions calendar unless: |
---|
3413 | 3414 | | (1) evidence of publication of notice in compliance |
---|
3414 | 3415 | | with the Texas Constitution and these rules is filed with the |
---|
3415 | 3416 | | Committee on Local and Consent Calendars; and |
---|
3416 | 3417 | | (2) it has been recommended unanimously by the present |
---|
3417 | 3418 | | and voting members of the committee from which it was reported that |
---|
3418 | 3419 | | the bill be sent to the Committee on Local and Consent Calendars for |
---|
3419 | 3420 | | placement on the local, consent, and resolutions calendar. |
---|
3420 | 3421 | | (b) No other bill or resolution shall be placed on the |
---|
3421 | 3422 | | local, consent, and resolutions calendar unless it has been |
---|
3422 | 3423 | | recommended unanimously by the present and voting members of the |
---|
3423 | 3424 | | committee from which it was reported that the bill be sent to the |
---|
3424 | 3425 | | Committee on Local and Consent Calendars for placement on the |
---|
3425 | 3426 | | local, consent, and resolutions calendar. |
---|
3426 | 3427 | | (c) No bill or resolution shall be placed on the local, |
---|
3427 | 3428 | | consent, and resolutions calendar that: |
---|
3428 | 3429 | | (1) directly or indirectly prevents from being |
---|
3429 | 3430 | | available for purposes of funding state government generally any |
---|
3430 | 3431 | | money that under existing law would otherwise be available for that |
---|
3431 | 3432 | | purpose, including a bill that transfers or diverts money in the |
---|
3432 | 3433 | | state treasury from the general revenue fund to another fund; or |
---|
3433 | 3434 | | (2) authorizes or requires the expenditure or |
---|
3434 | 3435 | | diversion of state funds for any purpose, as determined by a fiscal |
---|
3435 | 3436 | | note attached to the bill. |
---|
3436 | 3437 | | Sec. 24. REPLACEMENT OF CONTESTED BILLS AND |
---|
3437 | 3438 | | RESOLUTIONS. (a) A bill on second reading or a resolution once |
---|
3438 | 3439 | | removed from the local, consent, and resolutions calendar by being |
---|
3439 | 3440 | | contested on the floor of the house under Section 14(3) or (4) of |
---|
3440 | 3441 | | this rule shall be returned to the Committee on Local and Consent |
---|
3441 | 3442 | | Calendars for further action. The Committee on Local and Consent |
---|
3442 | 3443 | | Calendars, if it feels such action is warranted, may again place the |
---|
3443 | 3444 | | bill or resolution on the local, consent, and resolutions calendar, |
---|
3444 | 3445 | | provided, however, that if the bill or resolution is not placed on |
---|
3445 | 3446 | | the next local, consent, and resolutions calendar set by the |
---|
3446 | 3447 | | Committee on Local and Consent Calendars, the bill or resolution |
---|
3447 | 3448 | | shall immediately be referred to the Committee on Calendars for |
---|
3448 | 3449 | | further action. If a bill on second reading or a resolution is then |
---|
3449 | 3450 | | removed from the calendar a second time by being contested on the |
---|
3450 | 3451 | | floor of the house under Section 14(3) or (4) of this rule, the bill |
---|
3451 | 3452 | | or resolution shall not again be placed on the local, consent, and |
---|
3452 | 3453 | | resolutions calendar by the Committee on Local and Consent |
---|
3453 | 3454 | | Calendars during that session of the legislature but shall be |
---|
3454 | 3455 | | returned to the Committee on Calendars for further action. |
---|
3455 | 3456 | | (b) A bill on third reading removed from the local, consent, |
---|
3456 | 3457 | | and resolutions calendar under Section 14(3) or (4) of this rule |
---|
3457 | 3458 | | shall appear on the supplemental daily house calendar for the next |
---|
3458 | 3459 | | legislative day for which a supplemental daily house calendar has |
---|
3459 | 3460 | | not already been distributed, pursuant to Section 16(a)(1) of this |
---|
3460 | 3461 | | rule. |
---|
3461 | 3462 | | (c) This section does not apply to a bill or resolution on |
---|
3462 | 3463 | | the local, consent, and resolutions calendar that is withdrawn from |
---|
3463 | 3464 | | the calendar at the request of the author or sponsor without being |
---|
3464 | 3465 | | contested under Section 14(3) or (4) of this rule. A bill or |
---|
3465 | 3466 | | resolution withdrawn under this subsection shall be returned to the |
---|
3466 | 3467 | | Committee on Local and Consent Calendars for further action. The |
---|
3467 | 3468 | | Committee on Local and Consent Calendars, if it feels such action is |
---|
3468 | 3469 | | warranted, may again place the bill or resolution on the local, |
---|
3469 | 3470 | | consent, and resolutions calendar or refer the bill or resolution |
---|
3470 | 3471 | | to the Committee on Calendars for further action. |
---|
3471 | 3472 | | Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to |
---|
3472 | 3473 | | the limitations contained in this rule, the Committee on Calendars |
---|
3473 | 3474 | | shall have full authority to make placements on calendars in |
---|
3474 | 3475 | | whatever order is necessary and desirable under the circumstances |
---|
3475 | 3476 | | then existing, except that bills on third reading shall have |
---|
3476 | 3477 | | precedence over bills on second reading. It is the intent of the |
---|
3477 | 3478 | | calendar system to give the Committee on Calendars wide discretion |
---|
3478 | 3479 | | to insure adequate consideration by the house of important |
---|
3479 | 3480 | | legislation. |
---|
3480 | 3481 | | RULE 7. MOTIONS |
---|
3481 | 3482 | | CHAPTER A. GENERAL MOTIONS |
---|
3482 | 3483 | | Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following |
---|
3483 | 3484 | | motions, in addition to any elsewhere provided herein, shall be |
---|
3484 | 3485 | | decided without debate, except as otherwise provided in these |
---|
3485 | 3486 | | rules: |
---|
3486 | 3487 | | (1) to adjourn; |
---|
3487 | 3488 | | (2) to lay on the table; |
---|
3488 | 3489 | | (3) to lay on the table subject to call; |
---|
3489 | 3490 | | (4) to suspend the rule as to the time for introduction |
---|
3490 | 3491 | | of bills; |
---|
3491 | 3492 | | (5) to order a call of the house, and all motions |
---|
3492 | 3493 | | incidental thereto; |
---|
3493 | 3494 | | (6) an appeal by a member called to order; |
---|
3494 | 3495 | | (7) on questions relating to priority of business; |
---|
3495 | 3496 | | (8) to amend the caption of a bill or resolution; |
---|
3496 | 3497 | | (9) to extend the time of a member speaking under the |
---|
3497 | 3498 | | previous question or to allow a member who has the right to speak |
---|
3498 | 3499 | | after the previous question is ordered to yield the time, or a part |
---|
3499 | 3500 | | of it, to another; |
---|
3500 | 3501 | | (10) to reconsider and table. |
---|
3501 | 3502 | | Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit |
---|
3502 | 3503 | | the mover and one opponent of the motion three minutes each during |
---|
3503 | 3504 | | which to debate the following motions without debating the merits |
---|
3504 | 3505 | | of the bill, resolution, or other matter, and the mover of the |
---|
3505 | 3506 | | motion may elect to either open the debate or close the debate, but |
---|
3506 | 3507 | | the mover's time may not be divided: |
---|
3507 | 3508 | | (1) to suspend the regular order of business and take |
---|
3508 | 3509 | | up some measure out of its regular order; |
---|
3509 | 3510 | | (2) to instruct a committee to report a certain bill or |
---|
3510 | 3511 | | resolution; |
---|
3511 | 3512 | | (3) to rerefer a bill or resolution from one committee |
---|
3512 | 3513 | | to another; |
---|
3513 | 3514 | | (4) to place a bill or resolution on a specific |
---|
3514 | 3515 | | calendar without action by the appropriate calendars committee; |
---|
3515 | 3516 | | (5) to take up a bill or resolution laid on the table |
---|
3516 | 3517 | | subject to call; |
---|
3517 | 3518 | | (6) to set a special order; |
---|
3518 | 3519 | | (7) to suspend the rules; |
---|
3519 | 3520 | | (8) to suspend the constitutional rule requiring bills |
---|
3520 | 3521 | | to be read on three several days; |
---|
3521 | 3522 | | (9) to pass a resolution suspending the joint rules; |
---|
3522 | 3523 | | (10) to order the previous question; |
---|
3523 | 3524 | | (11) to order the limiting of amendments to a bill or |
---|
3524 | 3525 | | resolution; |
---|
3525 | 3526 | | (12) to print documents, reports, or other material in |
---|
3526 | 3527 | | the journal; |
---|
3527 | 3528 | | (13) to take any other action required or permitted |
---|
3528 | 3529 | | during the routine motion period by Rule 6, Section 1; |
---|
3529 | 3530 | | (14) to divide the question. |
---|
3530 | 3531 | | Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is |
---|
3531 | 3532 | | under debate, the following motions, and none other, shall be in |
---|
3532 | 3533 | | order, and such motions shall have precedence in the following |
---|
3533 | 3534 | | order: |
---|
3534 | 3535 | | (1) to adjourn; |
---|
3535 | 3536 | | (2) to take recess; |
---|
3536 | 3537 | | (3) to lay on the table; |
---|
3537 | 3538 | | (4) to lay on the table subject to call; |
---|
3538 | 3539 | | (5) for the previous question; |
---|
3539 | 3540 | | (6) to postpone to a day certain; |
---|
3540 | 3541 | | (7) to commit, recommit, refer, or rerefer; |
---|
3541 | 3542 | | (8) to amend by striking out the enacting or resolving |
---|
3542 | 3543 | | clause, which, if carried, shall have the effect of defeating the |
---|
3543 | 3544 | | bill or resolution; |
---|
3544 | 3545 | | (9) to amend; |
---|
3545 | 3546 | | (10) to postpone indefinitely. |
---|
3546 | 3547 | | Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has |
---|
3547 | 3548 | | been made, the speaker shall state it, or if it is in writing, order |
---|
3548 | 3549 | | it read by the clerk; and it shall then be in possession of the |
---|
3549 | 3550 | | house. |
---|
3550 | 3551 | | Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to |
---|
3551 | 3552 | | the house and entertained by the speaker shall be reduced to writing |
---|
3552 | 3553 | | on the demand of any member, and shall be entered on the journal |
---|
3553 | 3554 | | with the name of the member making it. |
---|
3554 | 3555 | | Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn |
---|
3555 | 3556 | | by the mover at any time before a decision on the motion, even |
---|
3556 | 3557 | | though an amendment may have been offered and is pending. It cannot |
---|
3557 | 3558 | | be withdrawn, however, if the motion has been amended. After the |
---|
3558 | 3559 | | previous question has been ordered, a motion can be withdrawn only |
---|
3559 | 3560 | | by unanimous consent. |
---|
3560 | 3561 | | Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn |
---|
3561 | 3562 | | or recess shall always be in order, except: |
---|
3562 | 3563 | | (1) when the house is voting on another motion; |
---|
3563 | 3564 | | (2) when the previous question has been ordered and |
---|
3564 | 3565 | | before the final vote on the main question, unless a roll call shows |
---|
3565 | 3566 | | the absence of a quorum; |
---|
3566 | 3567 | | (3) when a member entitled to the floor has not yielded |
---|
3567 | 3568 | | for that purpose; or |
---|
3568 | 3569 | | (4) when no business has been transacted since a |
---|
3569 | 3570 | | motion to adjourn or recess has been defeated. |
---|
3570 | 3571 | | Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR |
---|
3571 | 3572 | | RECESS. When several motions to recess or adjourn are made at the |
---|
3572 | 3573 | | same period, the motion to adjourn carrying the shortest time shall |
---|
3573 | 3574 | | be put first, then the next shortest time, and in that order until a |
---|
3574 | 3575 | | motion to adjourn has been adopted or until all have been voted on |
---|
3575 | 3576 | | and lost; and then the same procedure shall be followed for motions |
---|
3576 | 3577 | | to recess. |
---|
3577 | 3578 | | Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR |
---|
3578 | 3579 | | RECESS. A motion to adjourn or recess may not be withdrawn when it |
---|
3579 | 3580 | | is one of a series upon which voting has commenced, nor may an |
---|
3580 | 3581 | | additional motion to adjourn or recess be made when voting has |
---|
3581 | 3582 | | commenced on a series of such motions. |
---|
3582 | 3583 | | Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The |
---|
3583 | 3584 | | vote by which a motion to adjourn or recess is carried or lost shall |
---|
3584 | 3585 | | not be subject to a motion to reconsider. |
---|
3585 | 3586 | | Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller |
---|
3586 | 3587 | | number of members than a quorum may adjourn from day to day, and may |
---|
3587 | 3588 | | compel the attendance of absent members. |
---|
3588 | 3589 | | Sec. 12. MOTION TO TABLE. A motion to lay on the table, if |
---|
3589 | 3590 | | carried, shall have the effect of killing the bill, resolution, |
---|
3590 | 3591 | | amendment, or other immediate proposition to which it was applied. |
---|
3591 | 3592 | | Such a motion shall not be debatable, but the mover of the |
---|
3592 | 3593 | | proposition to be tabled, or the member reporting it from |
---|
3593 | 3594 | | committee, shall be allowed to close the debate after the motion to |
---|
3594 | 3595 | | table is made and before it is put to a vote. When a motion to table |
---|
3595 | 3596 | | is made to a debatable main motion, the main motion mover shall be |
---|
3596 | 3597 | | allowed 20 minutes to close the debate, whereas the movers of other |
---|
3597 | 3598 | | debatable motions sought to be tabled shall be allowed only 10 |
---|
3598 | 3599 | | minutes to close. The vote by which a motion to table is carried or |
---|
3599 | 3600 | | lost cannot be reconsidered. After the previous question has been |
---|
3600 | 3601 | | ordered, a motion to table is not in order. The provisions of this |
---|
3601 | 3602 | | section do not apply to motions to "lay on the table subject to |
---|
3602 | 3603 | | call"; however, a motion to lay on the table subject to call cannot |
---|
3603 | 3604 | | be made after the previous question has been ordered. |
---|
3604 | 3605 | | Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill, |
---|
3605 | 3606 | | resolution, or other matter is pending before the house, it may be |
---|
3606 | 3607 | | laid on the table subject to call, and one legislative day's notice, |
---|
3607 | 3608 | | as provided on the Supplemental House Calendar, must be given |
---|
3608 | 3609 | | before the proposition can be taken from the table, unless it is on |
---|
3609 | 3610 | | the same legislative day, in which case it can be taken from the |
---|
3610 | 3611 | | table at any time except when there is another matter pending before |
---|
3611 | 3612 | | the house. A bill, resolution, or other matter can be taken from |
---|
3612 | 3613 | | the table only by a majority vote of the house. When a special order |
---|
3613 | 3614 | | is pending, a motion to take a proposition from the table cannot be |
---|
3614 | 3615 | | made unless the proposition is a privileged matter. |
---|
3615 | 3616 | | Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a |
---|
3616 | 3617 | | day certain may be amended and is debatable within narrow limits, |
---|
3617 | 3618 | | but the merits of the proposition sought to be postponed cannot be |
---|
3618 | 3619 | | debated. A motion to postpone indefinitely opens to debate the |
---|
3619 | 3620 | | entire proposition to which it applies. |
---|
3620 | 3621 | | (b) A motion to postpone a bill or resolution on a local, |
---|
3621 | 3622 | | consent, and resolutions calendar to a subsequent legislative or |
---|
3622 | 3623 | | calendar day requires an affirmative vote of two-thirds of the |
---|
3623 | 3624 | | members present. |
---|
3624 | 3625 | | Sec. 15. POSTPONED MATTERS. A bill or proposition |
---|
3625 | 3626 | | postponed to a day certain shall be laid before the house at the |
---|
3626 | 3627 | | time on the calendar day to which it was postponed, provided it is |
---|
3627 | 3628 | | otherwise eligible under the rules and no other business is then |
---|
3628 | 3629 | | pending. If business is pending, the postponed matter shall be |
---|
3629 | 3630 | | deferred until the pending business is disposed of without |
---|
3630 | 3631 | | prejudice otherwise to its right of priority. When a privileged |
---|
3631 | 3632 | | matter is postponed to a particular time, and that time arrives, the |
---|
3632 | 3633 | | matter, still retaining its privileged nature, shall be taken up |
---|
3633 | 3634 | | even though another matter is pending. |
---|
3634 | 3635 | | Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If |
---|
3635 | 3636 | | two or more bills, resolutions, or other propositions are postponed |
---|
3636 | 3637 | | to the same time, and are otherwise eligible for consideration at |
---|
3637 | 3638 | | that time, they shall be considered in the chronological order of |
---|
3638 | 3639 | | their setting. |
---|
3639 | 3640 | | Sec. 17. MOTION TO REFER. When motions are made to refer a |
---|
3640 | 3641 | | subject to a select or standing committee, the question on the |
---|
3641 | 3642 | | subject's referral to a standing committee shall be put first. |
---|
3642 | 3643 | | Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill, |
---|
3643 | 3644 | | after being defeated at the routine motion period, may again be made |
---|
3644 | 3645 | | when the bill itself is under consideration; however, a motion to |
---|
3645 | 3646 | | recommit a bill shall not be in order at the routine motion period |
---|
3646 | 3647 | | if the bill is then before the house as either pending business or |
---|
3647 | 3648 | | unfinished business. |
---|
3648 | 3649 | | A motion to recommit a bill or resolution can be made and |
---|
3649 | 3650 | | voted on even though the author, sponsor, or principal proponent is |
---|
3650 | 3651 | | not present. |
---|
3651 | 3652 | | Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER, |
---|
3652 | 3653 | | COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or |
---|
3653 | 3654 | | recommit is debatable within narrow limits, but the merits of the |
---|
3654 | 3655 | | proposition may not be brought into the debate. A motion to refer, |
---|
3655 | 3656 | | rerefer, commit, or recommit with instructions is fully debatable. |
---|
3656 | 3657 | | Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME. |
---|
3657 | 3658 | | Except as provided in Rule 4, Section 30, when a bill has been |
---|
3658 | 3659 | | recommitted once at any reading and has been reported adversely by |
---|
3659 | 3660 | | the committee to which it was referred, it shall be in order to |
---|
3660 | 3661 | | again recommit the bill only if a minority report has been filed in |
---|
3661 | 3662 | | the time required by the rules of the house. A two-thirds vote of |
---|
3662 | 3663 | | those present shall be required to recommit a second time. |
---|
3663 | 3664 | | CHAPTER B. MOTION FOR THE PREVIOUS QUESTION |
---|
3664 | 3665 | | Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a |
---|
3665 | 3666 | | motion for the previous question, which shall be admitted only when |
---|
3666 | 3667 | | seconded by 25 members. It shall be put by the chair in this manner: |
---|
3667 | 3668 | | "The motion has been seconded. Three minutes pro and con debate |
---|
3668 | 3669 | | will be allowed on the motion for ordering the previous question." |
---|
3669 | 3670 | | As soon as the debate has ended, the chair shall continue: "As many |
---|
3670 | 3671 | | as are in favor of ordering the previous question on (here state on |
---|
3671 | 3672 | | which question or questions) will say 'Aye,'" and then, "As many as |
---|
3672 | 3673 | | are opposed say 'Nay.'" As in all other propositions, a motion for |
---|
3673 | 3674 | | the previous question may be taken by a record vote if demanded by |
---|
3674 | 3675 | | any member. If ordered by a majority of the members voting, a |
---|
3675 | 3676 | | quorum being present, it shall have the effect of cutting off all |
---|
3676 | 3677 | | debate, except as provided in Section 23 of this rule, and bringing |
---|
3677 | 3678 | | the house to a direct vote on the immediate question or questions on |
---|
3678 | 3679 | | which it has been asked and ordered. |
---|
3679 | 3680 | | Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the |
---|
3680 | 3681 | | motion for the previous question, there shall be no debate except as |
---|
3681 | 3682 | | provided in Sections 2 and 21 of this rule. All incidental |
---|
3682 | 3683 | | questions of order made pending decision on such motion shall be |
---|
3683 | 3684 | | decided, whether on appeal or otherwise, without debate. |
---|
3684 | 3685 | | Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION |
---|
3685 | 3686 | | ORDERED. After the previous question has been ordered, there shall |
---|
3686 | 3687 | | be no debate upon the questions on which it has been ordered, or |
---|
3687 | 3688 | | upon the incidental questions, except that the mover of the |
---|
3688 | 3689 | | proposition or any of the pending amendments or any other motions, |
---|
3689 | 3690 | | or the member making the report from the committee, or, in the case |
---|
3690 | 3691 | | of the absence of either of them, any other member designated by |
---|
3691 | 3692 | | such absentee, shall have the right to close the debate on the |
---|
3692 | 3693 | | particular proposition or amendment. Then a vote shall be taken |
---|
3693 | 3694 | | immediately on the amendments or other motions, if any, and then on |
---|
3694 | 3695 | | the main question. |
---|
3695 | 3696 | | Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION |
---|
3696 | 3697 | | ORDERED. All members having the right to speak after the previous |
---|
3697 | 3698 | | question has been ordered shall speak before the question is put on |
---|
3698 | 3699 | | the first proposition covered by the previous question. All votes |
---|
3699 | 3700 | | shall then be taken in the correct order, and no vote or votes shall |
---|
3700 | 3701 | | be deferred to allow any member to close on any one of the |
---|
3701 | 3702 | | propositions separately after the voting has commenced. |
---|
3702 | 3703 | | Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an |
---|
3703 | 3704 | | amendment has been substituted and the previous question is then |
---|
3704 | 3705 | | moved on the adoption of the amendment as substituted, the author of |
---|
3705 | 3706 | | the amendment as substituted shall have the right to close the |
---|
3706 | 3707 | | debate on that amendment in lieu of the author of the original |
---|
3707 | 3708 | | amendment. |
---|
3708 | 3709 | | Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When |
---|
3709 | 3710 | | the previous question is ordered on a motion to postpone |
---|
3710 | 3711 | | indefinitely or to amend by striking out the enacting clause of a |
---|
3711 | 3712 | | bill, the member moving to postpone or amend shall have the right to |
---|
3712 | 3713 | | close the debate on that motion or amendment, after which the mover |
---|
3713 | 3714 | | of the proposition or bill proposed to be so postponed or amended, |
---|
3714 | 3715 | | or the member reporting it from the committee, or, in the absence of |
---|
3715 | 3716 | | either of them, any other member designated by the absentee, shall |
---|
3716 | 3717 | | be allowed to close the debate on the original proposition. |
---|
3717 | 3718 | | Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The |
---|
3718 | 3719 | | previous question may be asked and ordered on any debatable single |
---|
3719 | 3720 | | motion or series of motions, or any amendment or amendments |
---|
3720 | 3721 | | pending, or it may be made to embrace all authorized debatable |
---|
3721 | 3722 | | motions or amendments pending and include the bill, resolution, or |
---|
3722 | 3723 | | proposition that is on second or third reading. The previous |
---|
3723 | 3724 | | question cannot be ordered, however, on the main proposition |
---|
3724 | 3725 | | without including other pending motions of lower rank as given in |
---|
3725 | 3726 | | Section 3 of this rule. |
---|
3726 | 3727 | | Sec. 28. LIMIT OF APPLICATION. The previous question shall |
---|
3727 | 3728 | | not extend beyond the final vote on a motion or sequence of motions |
---|
3728 | 3729 | | to which the previous question has been ordered. |
---|
3729 | 3730 | | Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE. |
---|
3730 | 3731 | | Amendments on the speaker's desk for consideration which have not |
---|
3731 | 3732 | | actually been laid before the house and read cannot be included |
---|
3732 | 3733 | | under a motion for the previous question. |
---|
3733 | 3734 | | Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO |
---|
3734 | 3735 | | TABLE. If a motion to table is made directly to a main motion, the |
---|
3735 | 3736 | | motion for the previous question is not in order. In a case where an |
---|
3736 | 3737 | | amendment to a main motion is pending, and a motion to table the |
---|
3737 | 3738 | | amendment is made, it is in order to move the previous question on |
---|
3738 | 3739 | | the main motion, the pending amendment, and the motion to table the |
---|
3739 | 3740 | | amendment. |
---|
3740 | 3741 | | Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS |
---|
3741 | 3742 | | QUESTION. There is no acceptable substitute for a motion for the |
---|
3742 | 3743 | | previous question, nor can other motions be applied to it. |
---|
3743 | 3744 | | Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO |
---|
3744 | 3745 | | TABLING. The motion for the previous question is not subject to a |
---|
3745 | 3746 | | motion to table. |
---|
3746 | 3747 | | Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS |
---|
3747 | 3748 | | QUESTION ACCEPTED. The motion to adjourn is not in order after a |
---|
3748 | 3749 | | motion for the previous question is accepted by the chair, or after |
---|
3749 | 3750 | | the seconding of such motion and before a vote is taken. |
---|
3750 | 3751 | | Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED. |
---|
3751 | 3752 | | After the previous question has been ordered, no motion shall be in |
---|
3752 | 3753 | | order until the question or questions on which it was ordered have |
---|
3753 | 3754 | | been voted on, without debate, except: |
---|
3754 | 3755 | | (1) a motion for a call of the house, and motions |
---|
3755 | 3756 | | incidental thereto; |
---|
3756 | 3757 | | (2) a motion to extend the time of a member closing on |
---|
3757 | 3758 | | a proposition; |
---|
3758 | 3759 | | (3) a motion to permit a member who has the right to |
---|
3759 | 3760 | | speak to yield the time or a part thereof to another member; |
---|
3760 | 3761 | | (4) a request for and a verification of a vote; |
---|
3761 | 3762 | | (5) a motion to reconsider the vote by which the |
---|
3762 | 3763 | | previous question was ordered. A motion to reconsider may be made |
---|
3763 | 3764 | | only once and that must be before any vote under the previous |
---|
3764 | 3765 | | question has been taken; |
---|
3765 | 3766 | | (6) a motion to table a motion to reconsider the vote |
---|
3766 | 3767 | | by which the previous question has been ordered; |
---|
3767 | 3768 | | (7) a double motion to reconsider and table the vote by |
---|
3768 | 3769 | | which the previous question was ordered. |
---|
3769 | 3770 | | Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS |
---|
3770 | 3771 | | QUESTION ORDERED. No motion for an adjournment or a recess shall be |
---|
3771 | 3772 | | in order after the previous question is ordered until the final vote |
---|
3772 | 3773 | | under the previous question has been taken, unless the roll call |
---|
3773 | 3774 | | shows the absence of a quorum. |
---|
3774 | 3775 | | Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house |
---|
3775 | 3776 | | adjourns without a quorum under the previous question, the previous |
---|
3776 | 3777 | | question shall remain in force and effect when the bill, |
---|
3777 | 3778 | | resolution, or other proposition is again laid before the house. |
---|
3778 | 3779 | | CHAPTER C. RECONSIDERATION |
---|
3779 | 3780 | | Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question |
---|
3780 | 3781 | | has been decided by the house and the yeas and nays have been called |
---|
3781 | 3782 | | for and recorded, any member voting with the prevailing side may, on |
---|
3782 | 3783 | | the same legislative day, or on the next legislative day, move a |
---|
3783 | 3784 | | reconsideration; however, if a reconsideration is moved on the next |
---|
3784 | 3785 | | legislative day, it must be done before the order of the day, as |
---|
3785 | 3786 | | designated in the 10th item of Rule 6, Section 1(a), is taken up. |
---|
3786 | 3787 | | If the house refuses to reconsider, or on reconsideration, affirms |
---|
3787 | 3788 | | its decision, no further action to reconsider shall be in order. |
---|
3788 | 3789 | | (b) Where the yeas and nays have not been called for and |
---|
3789 | 3790 | | recorded, any member, regardless of whether he or she voted on the |
---|
3790 | 3791 | | prevailing side or not, may make the motion to reconsider; however, |
---|
3791 | 3792 | | even when the yeas and nays have not been recorded, the following |
---|
3792 | 3793 | | shall not be eligible to make a motion to reconsider: |
---|
3793 | 3794 | | (1) a member who was absent; |
---|
3794 | 3795 | | (2) a member who was paired and, therefore, did not |
---|
3795 | 3796 | | vote; and |
---|
3796 | 3797 | | (3) a member who was recorded in the journal as having |
---|
3797 | 3798 | | voted on the losing side. |
---|
3798 | 3799 | | (c) Except as otherwise provided by this subsection, a |
---|
3799 | 3800 | | motion to reconsider the vote by which a bill, joint resolution, or |
---|
3800 | 3801 | | concurrent resolution was defeated is not in order unless a member |
---|
3801 | 3802 | | has previously provided at least one hour's notice of intent to make |
---|
3802 | 3803 | | the motion by addressing the house when the house is in session and |
---|
3803 | 3804 | | stating that a member intends to make a motion to reconsider the |
---|
3804 | 3805 | | vote by which the bill or resolution was defeated. It is not |
---|
3805 | 3806 | | necessary for the member providing the notice to be eligible to make |
---|
3806 | 3807 | | or to be the member who subsequently makes the motion to reconsider. |
---|
3807 | 3808 | | If notice of intent to make a motion to reconsider is given within |
---|
3808 | 3809 | | the period that the motion to reconsider may be made under |
---|
3809 | 3810 | | Subsection (a) of this section and that period expires during the |
---|
3810 | 3811 | | one-hour period required by this subsection, then the period within |
---|
3811 | 3812 | | which the motion may be made under Subsection (a) is extended by the |
---|
3812 | 3813 | | amount of time, not to exceed one hour during which the house is in |
---|
3813 | 3814 | | session, necessary to satisfy the one-hour notice required by this |
---|
3814 | 3815 | | subsection. This subsection does not apply to a motion to |
---|
3815 | 3816 | | reconsider and table or to a motion to reconsider and spread on the |
---|
3816 | 3817 | | journal, if no business has been transacted after the defeat of the |
---|
3817 | 3818 | | measure. |
---|
3818 | 3819 | | Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to |
---|
3819 | 3820 | | reconsider shall be debatable only when the question to be |
---|
3820 | 3821 | | reconsidered is debatable. Even though the previous question was |
---|
3821 | 3822 | | in force before the vote on a debatable question was taken, debate |
---|
3822 | 3823 | | is permissible on the reconsideration of such debatable question. |
---|
3823 | 3824 | | Sec. 39. MAJORITY VOTE REQUIRED. Every motion to |
---|
3824 | 3825 | | reconsider shall be decided by a majority vote, even though the vote |
---|
3825 | 3826 | | on the original question requires a two-thirds vote for affirmative |
---|
3826 | 3827 | | action. If the motion to reconsider prevails, the question then |
---|
3827 | 3828 | | immediately recurs on the question reconsidered. |
---|
3828 | 3829 | | Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to |
---|
3829 | 3830 | | reconsider cannot be withdrawn unless permission is given by a |
---|
3830 | 3831 | | majority vote of the house, and the motion may be called up by any |
---|
3831 | 3832 | | member. |
---|
3832 | 3833 | | Sec. 41. TABLING MOTION TO RECONSIDER. A motion to |
---|
3833 | 3834 | | reconsider shall be subject to a motion to table, which, if carried, |
---|
3834 | 3835 | | shall be a final disposition of the motion to reconsider. |
---|
3835 | 3836 | | Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double |
---|
3836 | 3837 | | motion to reconsider and table shall be in order. It shall be |
---|
3837 | 3838 | | undebatable. When carried, the motion to reconsider shall be |
---|
3838 | 3839 | | tabled. When it fails, the question shall then be on the motion to |
---|
3839 | 3840 | | reconsider, and the motion to reconsider shall, without further |
---|
3840 | 3841 | | action, be spread on the journal, but it may be called up by any |
---|
3841 | 3842 | | member, in accordance with the provisions of Section 43 of this |
---|
3842 | 3843 | | rule. |
---|
3843 | 3844 | | Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a) |
---|
3844 | 3845 | | If a motion to reconsider is not disposed of when made, it shall be |
---|
3845 | 3846 | | entered in the journal, and cannot, after that legislative day, be |
---|
3846 | 3847 | | called up and disposed of unless one legislative day's notice has |
---|
3847 | 3848 | | been given. |
---|
3848 | 3849 | | (b) Unless called up and disposed of prior to 72 hours |
---|
3849 | 3850 | | before final adjournment of the session, all motions to reconsider |
---|
3850 | 3851 | | shall be regarded as determined and lost. |
---|
3851 | 3852 | | (c) All motions to reconsider made during the last 72 hours |
---|
3852 | 3853 | | of the session shall be disposed of when made; otherwise, the motion |
---|
3853 | 3854 | | shall be considered as lost. |
---|
3854 | 3855 | | Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A |
---|
3855 | 3856 | | member voting on the prevailing side may make a motion to reconsider |
---|
3856 | 3857 | | and spread on the journal, which does not require a vote, and on the |
---|
3857 | 3858 | | motion being made, it shall be entered on the journal. Any member, |
---|
3858 | 3859 | | regardless of whether he or she voted on the prevailing side or not, |
---|
3859 | 3860 | | who desires immediate action on a motion to reconsider which has |
---|
3860 | 3861 | | been spread on the journal, can call it up as soon as it is made, and |
---|
3861 | 3862 | | demand a vote on it, or can call it up and move to table it. |
---|
3862 | 3863 | | (b) If the motion to table the motion to reconsider is |
---|
3863 | 3864 | | defeated, the motion to reconsider remains spread on the journal |
---|
3864 | 3865 | | for future action; however, any member, regardless of whether he or |
---|
3865 | 3866 | | she voted on the prevailing side or not, can call the motion from |
---|
3866 | 3867 | | the journal for action by the house, and, once disposed of, no other |
---|
3867 | 3868 | | motion to reconsider can be made. |
---|
3868 | 3869 | | Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During |
---|
3869 | 3870 | | the first 76 calendar days of a regular session, when any bill, |
---|
3870 | 3871 | | resolution, or other paper has been in committee for 6 calendar |
---|
3871 | 3872 | | days, exclusive of the calendar day on which it was referred, it |
---|
3872 | 3873 | | shall be in order for a member to move that the committee be |
---|
3873 | 3874 | | required to report the same within 7 calendar days. This motion |
---|
3874 | 3875 | | shall require a two-thirds vote for passage. |
---|
3875 | 3876 | | (b) After the first 76 calendar days of a regular session, |
---|
3876 | 3877 | | when any bill, resolution, or other paper has been in committee for |
---|
3877 | 3878 | | 6 calendar days, exclusive of the calendar day on which it was |
---|
3878 | 3879 | | referred, it shall be in order for a member to move that the |
---|
3879 | 3880 | | committee be required to report the same within 7 calendar days. |
---|
3880 | 3881 | | This motion shall require a majority vote for passage. |
---|
3881 | 3882 | | (c) A motion to instruct a committee to report is not a |
---|
3882 | 3883 | | privileged motion and must be made during the routine motion period |
---|
3883 | 3884 | | unless made under a suspension of the rules. |
---|
3884 | 3885 | | (d) The house shall have no authority to instruct a |
---|
3885 | 3886 | | subcommittee directly; however, instructions recognized under the |
---|
3886 | 3887 | | rules may be given to a committee and shall be binding on all |
---|
3887 | 3888 | | subcommittees. |
---|
3888 | 3889 | | Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a) |
---|
3889 | 3890 | | During the first 76 calendar days of a regular session, when any |
---|
3890 | 3891 | | bill, resolution, or other paper has been in committee for 7 |
---|
3891 | 3892 | | calendar days after the committee was instructed by the house to |
---|
3892 | 3893 | | report that measure by a motion made under Section 45 of this rule, |
---|
3893 | 3894 | | it shall be in order for a member to move to rerefer the bill, |
---|
3894 | 3895 | | resolution, or other paper to a different committee. This motion |
---|
3895 | 3896 | | shall require a two-thirds vote for passage. |
---|
3896 | 3897 | | (b) After the first 76 calendar days of a regular session, |
---|
3897 | 3898 | | when any bill, resolution, or other paper has been in committee for |
---|
3898 | 3899 | | 7 calendar days after the committee has been instructed to report |
---|
3899 | 3900 | | that measure by a motion made under Section 45 of this rule, it |
---|
3900 | 3901 | | shall be in order for a member to move to rerefer the bill, |
---|
3901 | 3902 | | resolution, or other paper to a different committee. This motion |
---|
3902 | 3903 | | shall require a majority vote for passage. |
---|
3903 | 3904 | | (c) A motion to rerefer a bill, resolution, or other paper |
---|
3904 | 3905 | | from one committee to another committee is not a privileged motion |
---|
3905 | 3906 | | and must be made during the routine motion period unless made under |
---|
3906 | 3907 | | a suspension of the rules. |
---|
3907 | 3908 | | RULE 8. BILLS |
---|
3908 | 3909 | | Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in |
---|
3909 | 3910 | | laws must be incorporated in bills, which shall consist of: |
---|
3910 | 3911 | | (1) a title or caption, beginning with the words "A |
---|
3911 | 3912 | | Bill to be Entitled An Act" and a brief statement that gives the |
---|
3912 | 3913 | | legislature and the public reasonable notice of the subject of the |
---|
3913 | 3914 | | proposed measure; |
---|
3914 | 3915 | | (2) an enacting clause, "Be It Enacted by the |
---|
3915 | 3916 | | Legislature of the State of Texas"; and |
---|
3916 | 3917 | | (3) the bill proper. |
---|
3917 | 3918 | | (b) A house bill that would impose, authorize, increase, or |
---|
3918 | 3919 | | change the rate or amount of a tax, assessment, surcharge, or fee |
---|
3919 | 3920 | | must include a short statement at the end of its title or caption |
---|
3920 | 3921 | | indicating the general effect of the bill on the tax, assessment, |
---|
3921 | 3922 | | surcharge, or fee, such as "imposing a tax (or assessment)," |
---|
3922 | 3923 | | "authorizing a surcharge (or fee)," or "increasing the rate (or |
---|
3923 | 3924 | | amount) of a tax." |
---|
3924 | 3925 | | (c) A house bill that would create a criminal offense, |
---|
3925 | 3926 | | increase the punishment for an existing criminal offense or |
---|
3926 | 3927 | | category of offenses, or change the eligibility of a person for |
---|
3927 | 3928 | | community supervision, parole, or mandatory supervision must |
---|
3928 | 3929 | | include a short statement at the end of its title or caption |
---|
3929 | 3930 | | indicating the general effect of the bill on the offense, |
---|
3930 | 3931 | | punishment, or eligibility, such as "creating a criminal offense," |
---|
3931 | 3932 | | "increasing a criminal penalty," or "changing the eligibility for |
---|
3932 | 3933 | | community supervision (or parole or mandatory supervision)." |
---|
3933 | 3934 | | (d) A house bill that would create a requirement that an |
---|
3934 | 3935 | | individual or entity obtain a license, certificate, registration, |
---|
3935 | 3936 | | permit, or other authorization before engaging in a particular |
---|
3936 | 3937 | | occupation or profession or that would expand an existing |
---|
3937 | 3938 | | requirement to additional individuals or entities must include a |
---|
3938 | 3939 | | short statement at the end of its title or caption indicating the |
---|
3939 | 3940 | | general effect of the bill on the occupation or profession, such as |
---|
3940 | 3941 | | "requiring an occupational license" or "expanding the |
---|
3941 | 3942 | | applicability of an occupational license (or permit or |
---|
3942 | 3943 | | certificate)." |
---|
3943 | 3944 | | Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be |
---|
3944 | 3945 | | revived or amended by reference to its title. The act revived, or |
---|
3945 | 3946 | | the section or sections amended, shall be reenacted and published |
---|
3946 | 3947 | | at length. This rule does not apply to revisions adopted under |
---|
3947 | 3948 | | Article III, Section 43, of the Texas Constitution. |
---|
3948 | 3949 | | Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill |
---|
3949 | 3950 | | (except a general appropriations bill, which may embrace the |
---|
3950 | 3951 | | various subjects and accounts for which money is appropriated or a |
---|
3951 | 3952 | | revision adopted under Article III, Section 43, of the Texas |
---|
3952 | 3953 | | Constitution) shall contain only one subject. |
---|
3953 | 3954 | | Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS |
---|
3954 | 3955 | | BILL. A general law may not be changed by the provisions in an |
---|
3955 | 3956 | | appropriations bill. |
---|
3956 | 3957 | | Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP, |
---|
3957 | 3958 | | COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or |
---|
3958 | 3959 | | resolution may have only one primary author. The signature of the |
---|
3959 | 3960 | | primary author shall be the only signature that appears on the |
---|
3960 | 3961 | | measure filed with the chief clerk. The signatures of all coauthors |
---|
3961 | 3962 | | or joint authors shall appear on the appropriate forms in the chief |
---|
3962 | 3963 | | clerk's office. |
---|
3963 | 3964 | | (b) Any member may become the coauthor of a bill or |
---|
3964 | 3965 | | resolution by securing permission from the author. If permission |
---|
3965 | 3966 | | is secured from the author prior to the time the measure is filed |
---|
3966 | 3967 | | with the chief clerk, the primary author and the coauthor shall sign |
---|
3967 | 3968 | | the appropriate form, which shall be included with the measure when |
---|
3968 | 3969 | | it is filed with the chief clerk. If a member wishes to become the |
---|
3969 | 3970 | | coauthor of a measure after it has been filed, no action shall be |
---|
3970 | 3971 | | required by the house, but it shall be the duty of the member |
---|
3971 | 3972 | | seeking to be a coauthor to obtain written authorization on the |
---|
3972 | 3973 | | appropriate form from the author. This authorization shall be |
---|
3973 | 3974 | | filed with the chief clerk before the coauthor signs the form for |
---|
3974 | 3975 | | the bill or resolution. The chief clerk shall report daily to the |
---|
3975 | 3976 | | journal clerk the names of members filed as coauthors of bills or |
---|
3976 | 3977 | | resolutions. If a coauthor of a bill or resolution desires to |
---|
3977 | 3978 | | withdraw from such status, the member shall notify the chief clerk, |
---|
3978 | 3979 | | who in turn shall notify the journal clerk. |
---|
3979 | 3980 | | (c) The primary author of a measure may designate up to four |
---|
3980 | 3981 | | joint authors by providing written authorization on the appropriate |
---|
3981 | 3982 | | form to the chief clerk. If a member designated as a joint author |
---|
3982 | 3983 | | has not already signed on the measure as a coauthor, that member |
---|
3983 | 3984 | | must also sign the form before the records will reflect the joint |
---|
3984 | 3985 | | author status of that member. The names of all joint authors shall |
---|
3985 | 3986 | | be shown immediately following the primary author's name on all |
---|
3986 | 3987 | | official printings of the measure, on all house calendars, in the |
---|
3987 | 3988 | | house journal, and in the electronic legislative information |
---|
3988 | 3989 | | system. |
---|
3989 | 3990 | | (d) The determination of the house sponsor of a senate |
---|
3990 | 3991 | | measure is made at the time the measure is reported from committee. |
---|
3991 | 3992 | | In the case of multiple requests for house sponsorship, the house |
---|
3992 | 3993 | | sponsor of a senate measure shall be determined by the chair of the |
---|
3993 | 3994 | | committee, in consultation with the senate author of the measure. |
---|
3994 | 3995 | | The chair of the committee must designate a primary sponsor and may |
---|
3995 | 3996 | | designate up to four joint sponsors or an unlimited number of |
---|
3996 | 3997 | | cosponsors. The names of all joint sponsors shall be shown |
---|
3997 | 3998 | | immediately following the primary sponsor's name on all official |
---|
3998 | 3999 | | printings of the measure, on all house calendars, in the house |
---|
3999 | 4000 | | journal, and in the electronic legislative information system. |
---|
4000 | 4001 | | Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE. |
---|
4001 | 4002 | | Each bill shall be filed with the chief clerk when introduced and |
---|
4002 | 4003 | | shall be numbered in its regular order. Each bill shall be read |
---|
4003 | 4004 | | first time by caption and referred by the speaker to the appropriate |
---|
4004 | 4005 | | committee with jurisdiction. |
---|
4005 | 4006 | | Sec. 7. PREFILING. Beginning the first Monday after the |
---|
4006 | 4007 | | general election preceding the next regular legislative session, or |
---|
4007 | 4008 | | within 30 days prior to any special session, it shall be in order to |
---|
4008 | 4009 | | file with the chief clerk bills and resolutions for introduction in |
---|
4009 | 4010 | | that session. On receipt of the bills or resolutions, the chief |
---|
4010 | 4011 | | clerk shall number them and make them a matter of public record, |
---|
4011 | 4012 | | available for distribution. Once a bill or resolution has been so |
---|
4012 | 4013 | | filed, it may not be recalled. This shall apply only to |
---|
4013 | 4014 | | members-elect of the succeeding legislative session. |
---|
4014 | 4015 | | Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint |
---|
4015 | 4016 | | resolutions introduced during the first 60 calendar days of the |
---|
4016 | 4017 | | regular session may be considered by the committees and in the house |
---|
4017 | 4018 | | and disposed of at any time during the session, in accordance with |
---|
4018 | 4019 | | the rules of the house. After the first 60 calendar days of a |
---|
4019 | 4020 | | regular session, any bill or joint resolution, except local bills, |
---|
4020 | 4021 | | emergency appropriations, and all emergency matters submitted by |
---|
4021 | 4022 | | the governor in special messages to the legislature, shall require |
---|
4022 | 4023 | | an affirmative vote of four-fifths of those members present and |
---|
4023 | 4024 | | voting to be introduced. |
---|
4024 | 4025 | | (b) In addition to a bill defined as a "local bill" under |
---|
4025 | 4026 | | Section 10(c) of this rule, a bill is considered local for purposes |
---|
4026 | 4027 | | of this section if it relates to a specified district created under |
---|
4027 | 4028 | | Article XVI, Section 59, of the Texas Constitution (water |
---|
4028 | 4029 | | districts, etc.), a specified hospital district, or another |
---|
4029 | 4030 | | specified special purpose district, even if neither these rules nor |
---|
4030 | 4031 | | the Texas Constitution require publication of notice for that bill. |
---|
4031 | 4032 | | Sec. 9. FILING. (a) A bill must be filed with the chief |
---|
4032 | 4033 | | clerk in the manner and in an electronic or other format specified |
---|
4033 | 4034 | | by the chief clerk at the time that the bill is introduced. |
---|
4034 | 4035 | | (b) A bill relating to conservation and reclamation |
---|
4035 | 4036 | | districts and governed by the provisions of Article XVI, Section |
---|
4036 | 4037 | | 59, of the Texas Constitution must be filed with copies of the |
---|
4037 | 4038 | | notice to introduce the bill attached if the bill is intended to: |
---|
4038 | 4039 | | (1) create a particular conservation and reclamation |
---|
4039 | 4040 | | district; or |
---|
4040 | 4041 | | (2) amend the act of a particular conservation and |
---|
4041 | 4042 | | reclamation district to: |
---|
4042 | 4043 | | (A) add additional land to the district; |
---|
4043 | 4044 | | (B) alter the taxing authority of the district; |
---|
4044 | 4045 | | (C) alter the authority of the district with |
---|
4045 | 4046 | | respect to issuing bonds; or |
---|
4046 | 4047 | | (D) alter the qualifications or terms of office |
---|
4047 | 4048 | | of the members of the governing body of the district. |
---|
4048 | 4049 | | Sec. 10. LOCAL BILLS. (a) The house may not consider a |
---|
4049 | 4050 | | local bill unless notice of intention to apply for the passage of |
---|
4050 | 4051 | | the bill was published as provided by law and evidence of the |
---|
4051 | 4052 | | publication is attached to the bill. If not attached to the bill on |
---|
4052 | 4053 | | filing with the chief clerk or receipt of the bill from the senate, |
---|
4053 | 4054 | | copies of the evidence of timely publication shall be filed with the |
---|
4054 | 4055 | | chief clerk and must be distributed to the members of the committee |
---|
4055 | 4056 | | not later than the first time the bill is laid out in a committee |
---|
4056 | 4057 | | meeting. The evidence shall be attached to the bill on first |
---|
4057 | 4058 | | printing and shall remain with the measure throughout the entire |
---|
4058 | 4059 | | legislative process, including submission to the governor. |
---|
4059 | 4060 | | (b) Neither the house nor a committee of the house may |
---|
4060 | 4061 | | consider a bill whose application is limited to one or more |
---|
4061 | 4062 | | political subdivisions by means of population brackets or other |
---|
4062 | 4063 | | artificial devices in lieu of identifying the political subdivision |
---|
4063 | 4064 | | or subdivisions by name. However, this subsection does not prevent |
---|
4064 | 4065 | | consideration of a bill that classifies political subdivisions |
---|
4065 | 4066 | | according to a minimum or maximum population or other criterion |
---|
4066 | 4067 | | that bears a reasonable relation to the purpose of the proposed |
---|
4067 | 4068 | | legislation or a bill that updates laws based on population |
---|
4068 | 4069 | | classifications to conform to a federal decennial census. |
---|
4069 | 4070 | | (c) Except as provided by Subsection (d) of this section, |
---|
4070 | 4071 | | "local bill" for purposes of this section means: |
---|
4071 | 4072 | | (1) a bill for which publication of notice is required |
---|
4072 | 4073 | | under Article XVI, Section 59, of the Texas Constitution (water |
---|
4073 | 4074 | | districts, etc.); |
---|
4074 | 4075 | | (2) a bill for which publication of notice is required |
---|
4075 | 4076 | | under Article IX, Section 9, of the Texas Constitution (hospital |
---|
4076 | 4077 | | districts); |
---|
4077 | 4078 | | (3) a bill relating to hunting, fishing, or |
---|
4078 | 4079 | | conservation of wildlife resources of a specified locality; |
---|
4079 | 4080 | | (4) a bill creating or affecting a county court or |
---|
4080 | 4081 | | statutory court or courts of one or more specified counties or |
---|
4081 | 4082 | | municipalities; |
---|
4082 | 4083 | | (5) a bill creating or affecting the juvenile board or |
---|
4083 | 4084 | | boards of a specified county or counties; or |
---|
4084 | 4085 | | (6) a bill creating or affecting a road utility |
---|
4085 | 4086 | | district under the authority of Article III, Section 52, of the |
---|
4086 | 4087 | | Texas Constitution. |
---|
4087 | 4088 | | (d) A bill is not considered to be a local bill under |
---|
4088 | 4089 | | Subsection (c)(3), (4), or (5) if it affects a sufficient number of |
---|
4089 | 4090 | | localities, counties, or municipalities so as to be of general |
---|
4090 | 4091 | | application or of statewide importance. |
---|
4091 | 4092 | | Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be |
---|
4092 | 4093 | | considered unless it first has been referred to a committee and |
---|
4093 | 4094 | | reported from it. |
---|
4094 | 4095 | | (b) After a bill has been recommitted, it shall be |
---|
4095 | 4096 | | considered by the committee as a new subject. |
---|
4096 | 4097 | | Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions |
---|
4097 | 4098 | | before the house shall be taken up and acted on in the order in which |
---|
4098 | 4099 | | they appear on their respective calendars, and each calendar shall |
---|
4099 | 4100 | | have the priority accorded to it by the provisions of Rule 6, |
---|
4100 | 4101 | | Sections 7 and 8. |
---|
4101 | 4102 | | Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill |
---|
4102 | 4103 | | that is local as defined by Section 10(c) of this rule and that |
---|
4103 | 4104 | | appears on a local, consent, and resolutions calendar shall be |
---|
4104 | 4105 | | considered for any purpose after the 130th day of a regular session, |
---|
4105 | 4106 | | except to: |
---|
4106 | 4107 | | (1) act on senate amendments; |
---|
4107 | 4108 | | (2) adopt a conference committee report; |
---|
4108 | 4109 | | (3) reconsider the bill to make corrections; or |
---|
4109 | 4110 | | (4) pass the bill notwithstanding the objections of |
---|
4110 | 4111 | | the governor. |
---|
4111 | 4112 | | (b) No other house bill or joint resolution shall be |
---|
4112 | 4113 | | considered on its second reading after the 122nd day of a regular |
---|
4113 | 4114 | | session if it appears on a daily or supplemental daily house |
---|
4114 | 4115 | | calendar, or for any purpose after the 123rd day of a regular |
---|
4115 | 4116 | | session, except to: |
---|
4116 | 4117 | | (1) act on senate amendments; |
---|
4117 | 4118 | | (2) adopt a conference committee report; |
---|
4118 | 4119 | | (3) reconsider the bill or resolution to make |
---|
4119 | 4120 | | corrections; or |
---|
4120 | 4121 | | (4) pass the bill notwithstanding the objections of |
---|
4121 | 4122 | | the governor. |
---|
4122 | 4123 | | (c) No senate bill or joint resolution shall be considered |
---|
4123 | 4124 | | on its second reading after the 134th day of a regular session if it |
---|
4124 | 4125 | | appears on a daily or supplemental daily house calendar, or for any |
---|
4125 | 4126 | | purpose after the 135th day of a regular session, except to: |
---|
4126 | 4127 | | (1) adopt a conference committee report; |
---|
4127 | 4128 | | (2) reconsider the bill or resolution to remove house |
---|
4128 | 4129 | | amendments; |
---|
4129 | 4130 | | (3) reconsider the bill or resolution to make |
---|
4130 | 4131 | | corrections; or |
---|
4131 | 4132 | | (4) pass the bill notwithstanding the objections of |
---|
4132 | 4133 | | the governor. |
---|
4133 | 4134 | | (d) The speaker shall not lay any bill or joint resolution |
---|
4134 | 4135 | | before the house or permit a vote to be taken on its passage on the |
---|
4135 | 4136 | | 136th and 137th days of a regular session, except to: |
---|
4136 | 4137 | | (1) act on senate amendments; |
---|
4137 | 4138 | | (2) adopt a conference committee report; |
---|
4138 | 4139 | | (3) reconsider the bill or resolution to remove house |
---|
4139 | 4140 | | amendments; |
---|
4140 | 4141 | | (4) reconsider the bill or resolution to make |
---|
4141 | 4142 | | corrections; or |
---|
4142 | 4143 | | (5) pass the bill notwithstanding the objections of |
---|
4143 | 4144 | | the governor. |
---|
4144 | 4145 | | (e) The speaker shall not lay any bill or joint resolution |
---|
4145 | 4146 | | before the house or permit a vote to be taken on its passage on the |
---|
4146 | 4147 | | 138th and 139th days of a regular session, except to: |
---|
4147 | 4148 | | (1) adopt a conference committee report; |
---|
4148 | 4149 | | (2) reconsider the bill or resolution to remove house |
---|
4149 | 4150 | | amendments; |
---|
4150 | 4151 | | (3) discharge house conferees and concur in senate |
---|
4151 | 4152 | | amendments; |
---|
4152 | 4153 | | (4) reconsider the bill or resolution to make |
---|
4153 | 4154 | | corrections; or |
---|
4154 | 4155 | | (5) pass the bill notwithstanding the objections of |
---|
4155 | 4156 | | the governor. |
---|
4156 | 4157 | | (f) No vote shall be taken upon the passage of any bill or |
---|
4157 | 4158 | | resolution within 24 hours of the final adjournment of a regular |
---|
4158 | 4159 | | session unless it be to reconsider the bill or resolution to make |
---|
4159 | 4160 | | corrections, or to adopt a corrective resolution. |
---|
4160 | 4161 | | (g) The clock of record for the house, as determined under |
---|
4161 | 4162 | | Rule 2, Section 2, shall be used to determine compliance with |
---|
4162 | 4163 | | deadlines and other time requirements of the Texas Constitution and |
---|
4163 | 4164 | | these rules. A motion to suspend this rule must be decided by a |
---|
4164 | 4165 | | record vote. |
---|
4165 | 4166 | | Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or |
---|
4166 | 4167 | | resolution, except the general appropriations bill, shall be |
---|
4167 | 4168 | | delivered to each member by making a copy of the bill or resolution |
---|
4168 | 4169 | | available in an electronic format for viewing by the member and, |
---|
4169 | 4170 | | when the electronic format copy of the appropriate printing becomes |
---|
4170 | 4171 | | available, by sending notice of that fact to a Capitol e-mail |
---|
4171 | 4172 | | address designated by the member, at least 36 hours if convened in |
---|
4172 | 4173 | | regular session and 24 hours if convened in special session before |
---|
4173 | 4174 | | the bill can be considered by the house on second reading. If a |
---|
4174 | 4175 | | member informs the chief clerk in writing that the member desires to |
---|
4175 | 4176 | | receive paper copies of bills and resolutions under this section in |
---|
4176 | 4177 | | addition to delivery in an electronic format, the chief clerk shall |
---|
4177 | 4178 | | place a paper copy of the bill or resolution in the newspaper box of |
---|
4178 | 4179 | | the member as soon as practicable after the electronic copies of the |
---|
4179 | 4180 | | bill or resolution are made available for viewing. |
---|
4180 | 4181 | | (a-1) A printed copy of the general appropriations bill |
---|
4181 | 4182 | | shall be placed in the newspaper mailbox of each member at least 168 |
---|
4182 | 4183 | | hours during a regular session and at least 72 hours during a |
---|
4183 | 4184 | | special session before the bill can be considered by the house on |
---|
4184 | 4185 | | second reading. |
---|
4185 | 4186 | | (b) By majority vote, the house may order both the original |
---|
4186 | 4187 | | bill or resolution and the complete committee substitute to be |
---|
4187 | 4188 | | printed. It shall not be necessary for the house to order complete |
---|
4188 | 4189 | | committee substitutes printed in lieu of original bills. |
---|
4189 | 4190 | | (c) A two-thirds vote of the house is necessary to order |
---|
4190 | 4191 | | that bills, other than local bills, be not printed. It shall not be |
---|
4191 | 4192 | | necessary for the house to order that local bills be not printed. |
---|
4192 | 4193 | | Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not |
---|
4193 | 4194 | | have the force of law until it has been read on three several |
---|
4194 | 4195 | | legislative days in each house and free discussion allowed, unless |
---|
4195 | 4196 | | this provision is suspended by a vote of four-fifths of the members |
---|
4196 | 4197 | | present and voting, a quorum being present. The yeas and nays shall |
---|
4197 | 4198 | | be taken on the question of suspension and entered in the journal. |
---|
4198 | 4199 | | Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the |
---|
4199 | 4200 | | consideration of any bill or resolution, the house may, by a |
---|
4200 | 4201 | | majority vote, order the bill or resolution to be considered |
---|
4201 | 4202 | | section by section, or department by department, until each section |
---|
4202 | 4203 | | or department has been given separate consideration. If such a |
---|
4203 | 4204 | | procedure is ordered, only amendments to the section or department |
---|
4204 | 4205 | | under consideration at that time shall be in order. However, after |
---|
4205 | 4206 | | each section or department has been considered separately, the |
---|
4206 | 4207 | | entire bill or resolution shall be open for amendment, subject to |
---|
4207 | 4208 | | the provisions of Rule 11, Section 8(b). Once the consideration of |
---|
4208 | 4209 | | a bill section by section or department by department has been |
---|
4209 | 4210 | | ordered, it shall not be in order to move the previous question on |
---|
4210 | 4211 | | the entire bill, to recommit it, to lay it on the table, or to |
---|
4211 | 4212 | | postpone it, until each section or department has been given |
---|
4212 | 4213 | | separate consideration or until the vote by which section by |
---|
4213 | 4214 | | section consideration was ordered is reconsidered. |
---|
4214 | 4215 | | (b) A motion to consider a bill section by section is |
---|
4215 | 4216 | | debatable within narrow limits; that is, the pros and cons of the |
---|
4216 | 4217 | | proposed consideration can be debated but not the merits of the |
---|
4217 | 4218 | | bill. |
---|
4218 | 4219 | | Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a |
---|
4219 | 4220 | | bill or complete committee substitute for a bill has been taken up |
---|
4220 | 4221 | | and read, amendments shall be in order. If no amendment is made, or |
---|
4221 | 4222 | | if those proposed are disposed of, then the final question on its |
---|
4222 | 4223 | | second reading shall be, in the case of a house bill, whether it |
---|
4223 | 4224 | | shall be passed to engrossment, or, in the case of a senate bill, |
---|
4224 | 4225 | | whether it shall pass to its third reading. All bills ordered |
---|
4225 | 4226 | | passed to engrossment or passed to a third reading shall remain on |
---|
4226 | 4227 | | the calendar on which placed, but with future priority over bills |
---|
4227 | 4228 | | that have not passed second reading. |
---|
4228 | 4229 | | Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk |
---|
4229 | 4230 | | shall certify the final passage of each bill, noting on the bill the |
---|
4230 | 4231 | | date of its passage, and the vote by which it passed, if by a yea and |
---|
4231 | 4232 | | nay vote. |
---|
4232 | 4233 | | Sec. 19. EFFECTIVE DATE. Every law passed by the |
---|
4233 | 4234 | | legislature, except the General Appropriations Act, shall take |
---|
4234 | 4235 | | effect or go into force on the 91st day after the adjournment of the |
---|
4235 | 4236 | | session at which it was enacted, unless the legislature provides |
---|
4236 | 4237 | | for an earlier effective date by a vote of two-thirds of all the |
---|
4237 | 4238 | | members elected to each house. The vote shall be taken by yeas and |
---|
4238 | 4239 | | nays and entered in the journals. |
---|
4239 | 4240 | | Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL. |
---|
4240 | 4241 | | After a bill or resolution has been considered and defeated by |
---|
4241 | 4242 | | either house of the legislature, no bill or resolution containing |
---|
4242 | 4243 | | the same substance shall be passed into law during the same session. |
---|
4243 | 4244 | | Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a) |
---|
4244 | 4245 | | In order to assure the continuation of financial support of |
---|
4245 | 4246 | | existing state services through the passage of the general |
---|
4246 | 4247 | | appropriations bill, it shall not be in order during the first 118 |
---|
4247 | 4248 | | days of the regular session for the speaker to lay before the house, |
---|
4248 | 4249 | | prior to the consideration, passage, and certification by the |
---|
4249 | 4250 | | comptroller of the general appropriations bill, any bill that |
---|
4250 | 4251 | | directly or indirectly prevents from being available for purposes |
---|
4251 | 4252 | | of funding state government generally any money that under existing |
---|
4252 | 4253 | | law would otherwise be available for that purpose, including a bill |
---|
4253 | 4254 | | that transfers or diverts money in the state treasury from the |
---|
4254 | 4255 | | general revenue fund to another fund. |
---|
4255 | 4256 | | (b) In order to assure compliance with the limitation on |
---|
4256 | 4257 | | appropriations of state tax revenue not dedicated by the |
---|
4257 | 4258 | | constitution as provided by Article VIII, Section 22, of the Texas |
---|
4258 | 4259 | | Constitution, it is not in order for the speaker to lay before the |
---|
4259 | 4260 | | house, prior to the time that the general appropriations bill has |
---|
4260 | 4261 | | been finally passed and sent to the comptroller, any bill that |
---|
4261 | 4262 | | appropriates funds from the state treasury that are not dedicated |
---|
4262 | 4263 | | by the constitution. |
---|
4263 | 4264 | | (c) When bills subject to the provisions of Subsection (a) |
---|
4264 | 4265 | | of this section become eligible for consideration, they shall be |
---|
4265 | 4266 | | considered for passage under the rules of the house and the joint |
---|
4266 | 4267 | | rules as any other bill but shall not be signed by the speaker as |
---|
4267 | 4268 | | required by the Constitution of Texas and the rules of the house |
---|
4268 | 4269 | | until the general appropriations bill has been signed by the |
---|
4269 | 4270 | | presiding officers of both houses of the legislature and |
---|
4270 | 4271 | | transmitted to the comptroller of public accounts for certification |
---|
4271 | 4272 | | as required by Article III, Section 49a, of the Constitution of |
---|
4272 | 4273 | | Texas. |
---|
4273 | 4274 | | (d) All bills subject to the provisions of Subsection (a) of |
---|
4274 | 4275 | | this section that have finally passed both houses shall be enrolled |
---|
4275 | 4276 | | as required by the rules and transmitted to the speaker. The |
---|
4276 | 4277 | | speaker shall note on each bill the date and hour of final |
---|
4277 | 4278 | | legislative action and shall withhold his or her signature and any |
---|
4278 | 4279 | | further action on all such bills until the general appropriations |
---|
4279 | 4280 | | bill has been signed by the presiding officers of both houses and |
---|
4280 | 4281 | | transmitted to the comptroller of public accounts for |
---|
4281 | 4282 | | certification. Immediately thereafter, the speaker shall sign in |
---|
4282 | 4283 | | the presence of the house all bills on which further action was |
---|
4283 | 4284 | | being withheld because the bills were subject to the provisions of |
---|
4284 | 4285 | | this section. After being signed by the speaker, the bills shall |
---|
4285 | 4286 | | then be transmitted to the comptroller of public accounts for |
---|
4286 | 4287 | | certification or to the governor, as the case may be, in the order |
---|
4287 | 4288 | | in which final legislative action was taken. "Final legislative |
---|
4288 | 4289 | | action," as that term is used in this subsection, shall mean the |
---|
4289 | 4290 | | last act of either house meeting in general session necessary to |
---|
4290 | 4291 | | place the bill in its final form preparatory to enrollment. |
---|
4291 | 4292 | | (e) Subsections (a)-(d) of this section shall not apply to |
---|
4292 | 4293 | | any bills providing for: |
---|
4293 | 4294 | | (1) the payment of expenses of the legislature; |
---|
4294 | 4295 | | (2) the payment of judgments against the state; |
---|
4295 | 4296 | | (3) any emergency matter when requested by the |
---|
4296 | 4297 | | governor in a formal message to the legislature; or |
---|
4297 | 4298 | | (4) the reduction of taxes. |
---|
4298 | 4299 | | (e-1) Subsection (a) of this section does not apply to a |
---|
4299 | 4300 | | bill that prevents the deposit into the general revenue fund of |
---|
4300 | 4301 | | money received from the federal government or earnings on that |
---|
4301 | 4302 | | money if the bill does not prevent that money from being available |
---|
4302 | 4303 | | for the purpose of funding state government generally to the same |
---|
4303 | 4304 | | extent as under existing law. |
---|
4304 | 4305 | | (f) Unless within the authority of a resolution or |
---|
4305 | 4306 | | resolutions adopted pursuant to Article VIII, Section 22(b), of the |
---|
4306 | 4307 | | Texas Constitution, it is not in order for the house to consider for |
---|
4307 | 4308 | | final passage on third reading, on motion to concur in senate |
---|
4308 | 4309 | | amendments, or on motion to adopt a conference committee report, a |
---|
4309 | 4310 | | bill appropriating funds from the state treasury in an amount that, |
---|
4310 | 4311 | | when added to amounts previously appropriated by bills finally |
---|
4311 | 4312 | | passed and sent or due to be sent to the comptroller, would exceed |
---|
4312 | 4313 | | the limit on appropriations established under Chapter 316, |
---|
4313 | 4314 | | Government Code. |
---|
4314 | 4315 | | (g) The general appropriations bill shall be reported to the |
---|
4315 | 4316 | | house by the Committee on Appropriations not later than the 90th |
---|
4316 | 4317 | | calendar day of the regular session. Should the Committee on |
---|
4317 | 4318 | | Appropriations fail to report by the deadline, Subsections (a)-(d) |
---|
4318 | 4319 | | of this section shall be suspended for the balance of that regular |
---|
4319 | 4320 | | session. |
---|
4320 | 4321 | | RULE 9. JOINT RESOLUTIONS |
---|
4321 | 4322 | | Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A |
---|
4322 | 4323 | | proposed amendment to the Texas Constitution shall take the form of |
---|
4323 | 4324 | | a joint resolution, which shall be subject to the rules that govern |
---|
4324 | 4325 | | the proceedings on bills, except as provided by this section. |
---|
4325 | 4326 | | (b) A joint resolution is not subject to the provisions of |
---|
4326 | 4327 | | Rule 8, Section 3, or Rule 11, Section 3. |
---|
4327 | 4328 | | (c) A joint resolution shall be adopted on any reading after |
---|
4328 | 4329 | | the first if it receives a two-thirds vote of the elected membership |
---|
4329 | 4330 | | of the house. If such a joint resolution receives only a majority |
---|
4330 | 4331 | | vote on second reading, it shall be passed to engrossment, and |
---|
4331 | 4332 | | subsequent proceedings shall be the same as those governing the |
---|
4332 | 4333 | | final passage of bills which have been passed to engrossment. If |
---|
4333 | 4334 | | such a joint resolution does not receive a two-thirds vote of the |
---|
4334 | 4335 | | elected membership of the house on third reading and final passage, |
---|
4335 | 4336 | | it shall fail of adoption. |
---|
4336 | 4337 | | Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE |
---|
4337 | 4338 | | CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a |
---|
4338 | 4339 | | proposed amendment to or application to Congress for a convention |
---|
4339 | 4340 | | to amend the Constitution of the United States shall take the form |
---|
4340 | 4341 | | of a joint resolution, which shall be subject to the rules that |
---|
4341 | 4342 | | govern the proceedings on bills, except that it shall be adopted on |
---|
4342 | 4343 | | second reading if it receives a majority vote of the members present |
---|
4343 | 4344 | | and voting, a quorum being present. If such a joint resolution |
---|
4344 | 4345 | | fails to receive a majority vote, it shall fail of adoption and |
---|
4345 | 4346 | | shall not be considered again unless revived by a motion to |
---|
4346 | 4347 | | reconsider as otherwise provided in the rules. |
---|
4347 | 4348 | | Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint |
---|
4348 | 4349 | | resolutions on committee report shall be referred to the Committee |
---|
4349 | 4350 | | on Calendars for placement on an appropriate calendar. The |
---|
4350 | 4351 | | Committee on Calendars shall maintain a separate calendar for house |
---|
4351 | 4352 | | joint resolutions and a separate calendar for senate joint |
---|
4352 | 4353 | | resolutions. Senate joint resolutions shall be considered on |
---|
4353 | 4354 | | calendar Wednesdays and calendar Thursdays along with senate bills. |
---|
4354 | 4355 | | RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS |
---|
4355 | 4356 | | Sec. 1. FILING. Resolutions shall be introduced by filing a |
---|
4356 | 4357 | | resolution with the chief clerk in the manner and in an electronic |
---|
4357 | 4358 | | or other format specified by the chief clerk, who shall number and |
---|
4358 | 4359 | | record house resolutions in one series and concurrent resolutions |
---|
4359 | 4360 | | in a separate series. |
---|
4360 | 4361 | | Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and |
---|
4361 | 4362 | | recording, all resolutions shall be sent to the speaker for |
---|
4362 | 4363 | | referral to the proper committee. |
---|
4363 | 4364 | | (b) Resolutions proposing the expenditure of money out of |
---|
4364 | 4365 | | the contingent expense fund of the legislature shall be referred to |
---|
4365 | 4366 | | the Committee on House Administration. |
---|
4366 | 4367 | | (c) All other resolutions shall be referred to the |
---|
4367 | 4368 | | appropriate committee with jurisdiction. |
---|
4368 | 4369 | | Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions |
---|
4369 | 4370 | | on committee report, other than privileged resolutions, shall be |
---|
4370 | 4371 | | referred immediately to the appropriate calendars committee for |
---|
4371 | 4372 | | placement on the appropriate calendar. |
---|
4372 | 4373 | | Sec. 4. ORDER OF CONSIDERATION. Unless privileged, |
---|
4373 | 4374 | | resolutions shall be considered by the house only at the time |
---|
4374 | 4375 | | assigned for their consideration on the calendar, in accordance |
---|
4375 | 4376 | | with the provisions of Rule 6, Section 7. |
---|
4376 | 4377 | | Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote |
---|
4377 | 4378 | | on final passage of a resolution other than a resolution of a purely |
---|
4378 | 4379 | | ceremonial or honorary nature must be by record vote with the vote |
---|
4379 | 4380 | | of each member entered in the journal as required by Section 12(b), |
---|
4380 | 4381 | | Article III, Texas Constitution. |
---|
4381 | 4382 | | Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall |
---|
4382 | 4383 | | take the same course as house resolutions, except that they shall be |
---|
4383 | 4384 | | sent to the governor for signing when finally passed by both houses. |
---|
4384 | 4385 | | Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the |
---|
4385 | 4386 | | office of mascot shall be named in and elected by a single house |
---|
4386 | 4387 | | resolution. |
---|
4387 | 4388 | | (b) Only children of house members who are under the age of |
---|
4388 | 4389 | | 12 years shall be eligible for election to the honorary office of |
---|
4389 | 4390 | | mascot. A child once named a mascot shall not be eligible for the |
---|
4390 | 4391 | | honor a second time. |
---|
4391 | 4392 | | (c) No separate classification or special title shall be |
---|
4392 | 4393 | | given to any mascot, but all shall receive the same title of |
---|
4393 | 4394 | | honorary mascot of the house of representatives. |
---|
4394 | 4395 | | (d) The speaker shall issue a certificate showing the |
---|
4395 | 4396 | | election of each mascot and deliver it to the parent member of the |
---|
4396 | 4397 | | child. |
---|
4397 | 4398 | | Pictures of mascots shall appear on the panel picture of the |
---|
4398 | 4399 | | house. |
---|
4399 | 4400 | | Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED |
---|
4400 | 4401 | | SESSIONS. The subject matter of house resolutions and concurrent |
---|
4401 | 4402 | | resolutions does not have to be submitted by the governor in a |
---|
4402 | 4403 | | called session before they can be considered. |
---|
4403 | 4404 | | Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS. |
---|
4404 | 4405 | | Resolutions authorizing the enrolling clerk of the house or senate |
---|
4405 | 4406 | | to make technical corrections to a measure that has been finally |
---|
4406 | 4407 | | acted upon by both houses of the legislature shall be privileged in |
---|
4407 | 4408 | | nature and need not be referred to committee. Such resolutions |
---|
4408 | 4409 | | shall be eligible for consideration by the house upon introduction |
---|
4409 | 4410 | | in the house or receipt from the senate. |
---|
4410 | 4411 | | Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL |
---|
4411 | 4412 | | RESOLUTION. The enrolled printing of a house congratulatory or |
---|
4412 | 4413 | | memorial resolution shall include a place for the signature of the |
---|
4413 | 4414 | | primary author of the resolution. The chief clerk shall provide the |
---|
4414 | 4415 | | primary author with the opportunity to sign the resolution after |
---|
4415 | 4416 | | the resolution is enrolled. The absence of the primary author's |
---|
4416 | 4417 | | signature does not affect the validity of the resolution as adopted |
---|
4417 | 4418 | | by the house. |
---|
4418 | 4419 | | RULE 11. AMENDMENTS |
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4419 | 4420 | | Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill, |
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4420 | 4421 | | resolution, motion, or proposition is under consideration, a motion |
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4421 | 4422 | | to amend and a motion to amend that amendment shall be in order. It |
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4422 | 4423 | | shall also be in order to offer a further amendment by way of a |
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4423 | 4424 | | substitute. Such a substitute may not be amended. If the |
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4424 | 4425 | | substitute is adopted, the question shall then be on the amendment |
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4425 | 4426 | | as substituted, and under this condition an amendment is not in |
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4426 | 4427 | | order. |
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4427 | 4428 | | Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS |
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4428 | 4429 | | AMENDMENTS. No motion or proposition on a subject different from |
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4429 | 4430 | | the subject under consideration shall be admitted as an amendment |
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4430 | 4431 | | or as a substitute for the motion or proposition under debate. |
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4431 | 4432 | | "Proposition" as used in this section shall include a bill, |
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4432 | 4433 | | resolution, joint resolution, or any other motion which is |
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4433 | 4434 | | amendable. |
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4434 | 4435 | | Amendments pertaining to the organization, powers, |
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4435 | 4436 | | regulation, and management of the agency, commission, or advisory |
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4436 | 4437 | | committee under consideration are germane to bills extending state |
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4437 | 4438 | | agencies, commissions, or advisory committees under the provisions |
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4438 | 4439 | | of the Texas Sunset Act (Chapter 325, Government Code). |
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4439 | 4440 | | An amendment to a committee substitute laid before the house |
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4440 | 4441 | | in lieu of an original bill is germane if each subject of the |
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4441 | 4442 | | amendment is a subject that is included in the committee substitute |
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4442 | 4443 | | or was included in the original bill. |
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4443 | 4444 | | Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No |
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4444 | 4445 | | bill shall be amended in its passage through either house so as to |
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4445 | 4446 | | change its original purpose. |
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4446 | 4447 | | Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL, |
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4447 | 4448 | | CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or |
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4448 | 4449 | | resolution shall not be in order during its consideration on a |
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4449 | 4450 | | local, consent, and resolutions calendar set by the Committee on |
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4450 | 4451 | | Local and Consent Calendars, unless the amendments have first been |
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4451 | 4452 | | submitted to and approved by the Committee on Local and Consent |
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4452 | 4453 | | Calendars, which shall be noted thereon by the chair of the |
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4453 | 4454 | | Committee on Local and Consent Calendars prior to the offering of |
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4454 | 4455 | | the amendments. |
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4455 | 4456 | | Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been |
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4456 | 4457 | | taken up on its third reading, amendments shall be in order, but |
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4457 | 4458 | | shall require a two-thirds vote of the members present for their |
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4458 | 4459 | | adoption. A bill on third reading may be recommitted to a committee |
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4459 | 4460 | | and later reported to the house with amendments, in which case the |
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4460 | 4461 | | bill shall again take the course of a bill at its second reading. |
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4461 | 4462 | | Sec. 6. FILING [COPIES OF] AN AMENDMENT. (a) The chief |
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4462 | 4463 | | clerk shall ensure that for an amendment other than a committee |
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4463 | 4464 | | amendment, [Five] copies of each amendment are [shall be] filed |
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4464 | 4465 | | with the speaker as follows: |
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4465 | 4466 | | (1) six copies of each amendment; and |
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4466 | 4467 | | (2) four additional copies of each amendment that |
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4467 | 4468 | | exceeds one page in length. |
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4468 | 4469 | | (b) The chief clerk may require the member offering the |
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4469 | 4470 | | amendment to provide the number of copies required under Subsection |
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4470 | 4471 | | (a) of this section. The chief clerk shall ensure that, as soon as |
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4471 | 4472 | | practicable after being filed by the offering member, each |
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4472 | 4473 | | amendment is made available on the floor amendment system, or the |
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4473 | 4474 | | system's successor in function, through which members of the house |
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4474 | 4475 | | may view an electronic image of submitted amendments. When the |
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4475 | 4476 | | amendment is read, two copies shall go to the chief clerk, one copy |
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4476 | 4477 | | to the journal clerk, one copy to the reading clerk, and one copy to |
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4477 | 4478 | | the speaker. [No amendment offered from the floor shall be in order |
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4478 | 4479 | | unless the sponsoring member has complied with the provisions of |
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4479 | 4480 | | this section with respect to copies of the amendment.] |
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4480 | 4481 | | (c) The chief clerk shall retain one copy of each amendment |
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4481 | 4482 | | filed with the speaker under this section whether or not the |
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4482 | 4483 | | amendment was laid out by the speaker for consideration [offered by |
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4483 | 4484 | | the filing member]. |
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4484 | 4485 | | [(b) Prior to the time that an amendment is offered, if the |
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4485 | 4486 | | amendment exceeds one page in length, the sponsoring member must |
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4486 | 4487 | | provide to the chief clerk a minimum of five copies to be available |
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4487 | 4488 | | for distribution to those members requesting copies of the |
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4488 | 4489 | | amendment. |
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4489 | 4490 | | [(c) If the amendment is only one page in length or less, the |
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4490 | 4491 | | sponsoring member must provide one additional copy of the amendment |
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4491 | 4492 | | to the chief clerk, who shall immediately proceed to have |
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4492 | 4493 | | additional copies made and available for those members requesting |
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4493 | 4494 | | copies of the amendment.] |
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4494 | 4495 | | (d) If an amendment is required to be prefiled with the |
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4495 | 4496 | | chief clerk pursuant to a rule for floor consideration proposed by |
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4496 | 4497 | | the Committee on Calendars and adopted under Rule 6, Section 16(f), |
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4497 | 4498 | | the amendment must be provided to the chief clerk, in a manner |
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4498 | 4499 | | determined by the chief clerk under the direction of the Committee |
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4499 | 4500 | | on House Administration, and available in the chief clerk's office |
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4500 | 4501 | | in accordance with the Calendar Committee rule for floor |
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4501 | 4502 | | consideration [The provisions of this section with respect to |
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4502 | 4503 | | extra copies shall not apply to committee amendments or to |
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4503 | 4504 | | amendments which do nothing more than delete material from the bill |
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4504 | 4505 | | or resolution]. |
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4505 | 4506 | | (e) The speaker shall not recognize a member to offer an |
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4506 | 4507 | | original amendment that exceeds one page in length and that is in |
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4507 | 4508 | | the form of a complete substitute for the bill or resolution laid |
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4508 | 4509 | | before the house, or in the opinion of the speaker is a substantial |
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4509 | 4510 | | substitute, unless [10 copies of] the amendment has [have] been |
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4510 | 4511 | | provided to the chief clerk, in a manner determined by the chief |
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4511 | 4512 | | clerk under the direction of the Committee on House Administration, |
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4512 | 4513 | | and was [were] available in the chief clerk's office at least 12 |
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4513 | 4514 | | hours prior to the time the calendar on which the bill or resolution |
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4514 | 4515 | | to be amended is eligible for consideration. |
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4515 | 4516 | | (f) An amendment may be typed, hand-printed, or |
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4516 | 4517 | | handwritten, but must be legible in order to be offered. |
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4517 | 4518 | | (g) The speaker shall not recognize a member to offer an |
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4518 | 4519 | | original amendment to a bill on second reading if the bill extends |
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4519 | 4520 | | an agency, commission, or advisory committee under the Texas Sunset |
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4520 | 4521 | | Act unless [10 copies of] the amendment has [have] been provided to |
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4521 | 4522 | | the chief clerk, in a manner determined by the chief clerk under the |
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4522 | 4523 | | direction of the Committee on House Administration, and was [were] |
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4523 | 4524 | | available in the chief clerk's office at least 24 hours prior to the |
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4524 | 4525 | | time the calendar on which the bill appears for second reading is |
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4525 | 4526 | | first eligible for consideration. |
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4526 | 4527 | | (h) If the house is convened in regular session, the speaker |
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4527 | 4528 | | shall not recognize a member to offer an original amendment to the |
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4528 | 4529 | | general appropriations bill on second reading unless [10 copies of] |
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4529 | 4530 | | the amendment has [have] been provided to the chief clerk, in a |
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4530 | 4531 | | manner determined by the chief clerk under the direction of the |
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4531 | 4532 | | Committee on House Administration, and was [were] available in the |
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4532 | 4533 | | chief clerk's office at least 72 hours prior to the time the |
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4533 | 4534 | | calendar on which the general appropriations bill appears for |
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4534 | 4535 | | second reading is first eligible for consideration. |
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4535 | 4536 | | (i) The Committee on House Administration shall ensure |
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4536 | 4537 | | that: |
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4537 | 4538 | | (1) the floor amendment system through which members |
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4538 | 4539 | | of the house may view an electronic image of current or past |
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4539 | 4540 | | amendments, or the system's successor in function, is available to |
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4540 | 4541 | | the public on the Internet; |
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4541 | 4542 | | (2) members of the public using the system available |
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4542 | 4543 | | on the Internet may view the same information that members may view |
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4543 | 4544 | | at the same time that members may view the information; and |
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4544 | 4545 | | (3) members of the public using the system available |
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4545 | 4546 | | on the Internet may view any amendment required to be provided to |
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4546 | 4547 | | the chief clerk under Subsections (e), (g), and (h) of this section |
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4547 | 4548 | | at least 10 hours prior to the time the calendar on which the bill or |
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4548 | 4549 | | resolution to be amended is eligible for consideration. |
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4549 | 4550 | | (j) To the extent practicable, an amendment must include the |
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4550 | 4551 | | page and line numbers of the text of the bill, resolution, or |
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4551 | 4552 | | amendment being amended. Failure to comply with the requirements of |
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4552 | 4553 | | this subsection is not subject to a point of order. |
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4553 | 4554 | | Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of |
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4554 | 4555 | | motions to amend shall be offered in the following order: |
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4555 | 4556 | | (1) motions to amend by striking out the enacting |
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4556 | 4557 | | clause of a bill (or the resolving clause of a resolution), which |
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4557 | 4558 | | amendment cannot be amended or substituted; |
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4558 | 4559 | | (2) motions to amend an original bill, resolution, |
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4559 | 4560 | | motion, or proposition (other than substitute bills as provided for |
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4560 | 4561 | | in Subdivision (3) below), which shall have precedence as follows: |
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4561 | 4562 | | (A) original amendment; |
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4562 | 4563 | | (B) amendment to the amendment; |
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4563 | 4564 | | (C) substitute for the amendment to the |
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4564 | 4565 | | amendment. |
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4565 | 4566 | | Recognition for the offering of original amendments shall be |
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4566 | 4567 | | as follows: first, the main author; second, the member or members |
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4567 | 4568 | | offering the committee amendment; and third, members offering other |
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4568 | 4569 | | amendments from the floor; |
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4569 | 4570 | | (3) motions to amend an original bill by striking out |
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4570 | 4571 | | all after the enacting clause (substitute bills), which substitute |
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4571 | 4572 | | bills shall be subject to amendment as follows: |
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4572 | 4573 | | (A) amendment to the substitute bill; |
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4573 | 4574 | | (B) substitute for the amendment to the |
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4574 | 4575 | | substitute bill. |
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4575 | 4576 | | Recognition for offering such substitute bills shall be as |
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4576 | 4577 | | follows: first, the main author of the original bill, if the |
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4577 | 4578 | | member has not sought to perfect the bill by amendments as provided |
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4578 | 4579 | | for in Subdivision (2) above; second, the member or members |
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4579 | 4580 | | offering the committee amendment; and, third, members offering |
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4580 | 4581 | | amendments from the floor. |
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4581 | 4582 | | It shall be in order under the procedure described in this |
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4582 | 4583 | | subdivision to have as many as four complete measures pending |
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4583 | 4584 | | before the house at one time; that is, an original bill, an |
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4584 | 4585 | | amendment striking out all after the enacting clause of the bill and |
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4585 | 4586 | | inserting a new bill body, an amendment to the amendment striking |
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4586 | 4587 | | out all after the enacting clause of the bill and inserting a new |
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4587 | 4588 | | bill body, and a substitute for this amendment to the amendment to |
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4588 | 4589 | | the original bill which is also a new bill body. These "substitute |
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4589 | 4590 | | bills" shall be voted on in the reverse order of their offering; |
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4590 | 4591 | | (4) motions to amend the caption of a bill or joint |
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4591 | 4592 | | resolution, which may also be offered in accordance with Section |
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4592 | 4593 | | 9(a) of this rule. |
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4593 | 4594 | | Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike |
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4594 | 4595 | | out and to insert new matter in lieu of that to be stricken out shall |
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4595 | 4596 | | be regarded as a substitute and shall be indivisible. |
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4596 | 4597 | | (b) Matter inserted or stricken out of an original bill by |
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4597 | 4598 | | way of amendment may not be taken out or reinserted at a later time |
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4598 | 4599 | | on the same reading except under the following conditions: |
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4599 | 4600 | | (1) reconsideration of the inserting or deleting |
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4600 | 4601 | | amendment; |
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4601 | 4602 | | (2) adoption of a "substitute bill" amendment; |
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4602 | 4603 | | (3) adoption of an amendment for a whole paragraph, |
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4603 | 4604 | | section or subdivision of a bill which so materially changes the |
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4604 | 4605 | | original text that the portion inserted or deleted is in fact of |
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4605 | 4606 | | minor importance. |
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4606 | 4607 | | Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption |
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4607 | 4608 | | of a bill or resolution shall not be in order until all other |
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4608 | 4609 | | proposed amendments have been acted on and the house is ready to |
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4609 | 4610 | | vote on the passage of the measure, and it shall then be decided |
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4610 | 4611 | | without debate. |
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4611 | 4612 | | (b) If the previous question has been ordered on a bill or |
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4612 | 4613 | | joint resolution at any reading, an amendment to the caption of that |
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4613 | 4614 | | bill or joint resolution may be offered and voted on immediately |
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4614 | 4615 | | preceding the final vote on the bill or joint resolution. |
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4615 | 4616 | | Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit |
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4616 | 4617 | | amendments shall be admitted only when seconded by 25 members. The |
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4617 | 4618 | | motion may take either of two forms: |
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4618 | 4619 | | (1) to limit amendments to those pending before the |
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4619 | 4620 | | house; or |
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4620 | 4621 | | (2) to limit amendments to those pending on the |
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4621 | 4622 | | speaker's desk. |
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4622 | 4623 | | (b) The motion shall be put by the chair in this manner: "The |
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4623 | 4624 | | motion has been seconded. Three minutes pro and con debate will be |
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4624 | 4625 | | allowed on the motion to limit amendments." As soon as the debate |
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4625 | 4626 | | has ended, the chair shall continue: "As many as are in favor of |
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4626 | 4627 | | limiting amendments on (here state on which question or questions) |
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4627 | 4628 | | will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in |
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4628 | 4629 | | all other propositions, a motion to limit amendments shall be |
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4629 | 4630 | | decided by a record vote if demanded by any member. If ordered by a |
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4630 | 4631 | | majority of the members voting, a quorum being present, the motion |
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4631 | 4632 | | shall have the effect of confining further debate and consideration |
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4632 | 4633 | | to those amendments included within the motion, and thereafter the |
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4633 | 4634 | | chair will accept no more amendments to the proposition to which the |
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4634 | 4635 | | motion is applied. |
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4635 | 4636 | | (c) The motion to limit amendments, if adopted, shall not in |
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4636 | 4637 | | any way cut off or limit debate or other parliamentary maneuvers on |
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4637 | 4638 | | the pending proposition or propositions or amendment or amendments |
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4638 | 4639 | | included within the motion. The sole function of the motion is to |
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4639 | 4640 | | prevent the chair from accepting further amendments to the |
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4640 | 4641 | | proposition to which the motion is applied. |
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4641 | 4642 | | (d) Except as otherwise provided, the motion to limit |
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4642 | 4643 | | amendments shall have no effect on the parliamentary situation to |
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4643 | 4644 | | which the motion is applied, and the matter to which the motion is |
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4644 | 4645 | | applied shall continue to be considered by the house in all other |
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4645 | 4646 | | respects as though the motion had not been made. |
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4646 | 4647 | | (e) The amendments that are included within the motion to |
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4647 | 4648 | | limit amendments shall each be subject to amendment, if otherwise |
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4648 | 4649 | | permitted under the rules. |
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4649 | 4650 | | Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The |
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4650 | 4651 | | motion to limit amendments is not subject to a motion to table. |
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4651 | 4652 | | Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment |
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4652 | 4653 | | is offered, followed by an amendment to that amendment, and then a |
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4653 | 4654 | | substitute for the amendment to the amendment, these questions |
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4654 | 4655 | | shall be voted on in the reverse order of their offering. |
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4655 | 4656 | | Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an |
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4656 | 4657 | | amendment is adopted, such action shall be certified by the chief |
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4657 | 4658 | | clerk on the amendment, and the official copy of the amendment shall |
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4658 | 4659 | | then be securely attached to the bill or resolution which it amends. |
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4659 | 4660 | | RULE 12. PRINTING |
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4660 | 4661 | | Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a) |
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4661 | 4662 | | Except as otherwise provided in this rule, all bills and joint |
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4662 | 4663 | | resolutions shall be printed and a copy provided to each member at |
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4663 | 4664 | | each of the following stages in the parliamentary progress of the |
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4664 | 4665 | | bill or joint resolution: |
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4665 | 4666 | | (1) at the time of the committee report on the bill or |
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4666 | 4667 | | joint resolution, which shall be known as "First Printing" and |
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4667 | 4668 | | which shall consist of: |
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4668 | 4669 | | (A) a complete text of the bill or joint |
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4669 | 4670 | | resolution as reported from committee; |
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4670 | 4671 | | (B) a complete copy of the bill analysis, a |
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4671 | 4672 | | complete copy of the summary of committee action, and a complete |
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4672 | 4673 | | copy of the witness list; |
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4673 | 4674 | | (C) the text of the committee report; |
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4674 | 4675 | | (D) the record vote by which the measure was |
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4675 | 4676 | | reported from committee, including the vote of individual members; |
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4676 | 4677 | | (E) a copy of the latest fiscal note; and |
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4677 | 4678 | | (F) a copy of each impact statement received by |
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4678 | 4679 | | the committee; |
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4679 | 4680 | | (2) at the time the bill or joint resolution, if |
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4680 | 4681 | | amended, finally passes the senate, senate amendments and house |
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4681 | 4682 | | engrossment text will be printed, which shall be known as "Second |
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4682 | 4683 | | Printing"; and |
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4683 | 4684 | | (3) at the time the conference committee, if any, |
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4684 | 4685 | | makes its report on the bill or joint resolution, which shall be |
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4685 | 4686 | | known as "Third Printing." |
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4686 | 4687 | | (b) In any section of the first printing of a bill or joint |
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4687 | 4688 | | resolution that proposes to amend an existing statute or |
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4688 | 4689 | | constitutional provision, language sought to be deleted must be |
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4689 | 4690 | | bracketed and stricken through, and language sought to be added |
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4690 | 4691 | | must be underlined. This requirement does not apply to: |
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4691 | 4692 | | (1) an appropriations bill; |
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4692 | 4693 | | (2) a local bill; |
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4693 | 4694 | | (3) a game bill; |
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4694 | 4695 | | (4) a recodification bill; |
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4695 | 4696 | | (5) a redistricting bill; |
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4696 | 4697 | | (6) a section of a bill or joint resolution not |
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4697 | 4698 | | purporting to amend an existing statute or constitutional |
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4698 | 4699 | | provision; |
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4699 | 4700 | | (7) a section of a bill or joint resolution that |
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4700 | 4701 | | revises the entire text of an existing statute or constitutional |
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4701 | 4702 | | provision, to the extent that it would confuse rather than clarify |
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4702 | 4703 | | to show deletions and additions; and |
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4703 | 4704 | | (8) a section of a bill or joint resolution providing |
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4704 | 4705 | | for severability, nonseverability, emergency, or repeal of an |
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4705 | 4706 | | existing statute or constitutional provision. |
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4706 | 4707 | | (c) The speaker may overrule a point of order raised as to a |
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4707 | 4708 | | violation of Subsection (b) of this section if the violation is |
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4708 | 4709 | | typographical or minor and does not tend to deceive or mislead. |
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4709 | 4710 | | (d) The requirement to provide a copy of a printing to each |
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4710 | 4711 | | member may be accomplished by making a copy of the printing |
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4711 | 4712 | | available in an electronic format for viewing by the member and, |
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4712 | 4713 | | when the electronic format copy of the appropriate printing becomes |
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4713 | 4714 | | available, sending notice of that fact to a Capitol e-mail address |
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4714 | 4715 | | designated by the member. If a member informs the chief clerk that |
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4715 | 4716 | | the member also desires to receive a paper copy of printings at |
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4716 | 4717 | | first, second, or third printing, the chief clerk shall place paper |
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4717 | 4718 | | copies of those printings designated by the member in the newspaper |
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4718 | 4719 | | box of the member as soon as practicable after the electronic copies |
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4719 | 4720 | | of the printings are made available for viewing. |
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4720 | 4721 | | (e) The provisions of Subsection (d) of this section |
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4721 | 4722 | | authorizing delivery of a printing by electronic means also apply |
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4722 | 4723 | | to any fiscal note, impact statement, analysis, or other item |
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4723 | 4724 | | required by these rules to be delivered or made available to each |
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4724 | 4725 | | member as an attachment to or in connection with the applicable |
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4725 | 4726 | | printing. |
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4726 | 4727 | | Sec. 2. LOCAL BILLS. Local bills shall not be reprinted |
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4727 | 4728 | | after the first printing except when ordered printed by a majority |
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4728 | 4729 | | vote of the house. |
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4729 | 4730 | | Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution |
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4730 | 4731 | | shall be printed only if the resolution: |
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4731 | 4732 | | (1) grants permission to sue the state; |
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4732 | 4733 | | (2) memorializes Congress to take or to refrain from |
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4733 | 4734 | | taking certain action; |
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4734 | 4735 | | (3) sets legislative policy or declares legislative |
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4735 | 4736 | | intent; |
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4736 | 4737 | | (4) makes corrective changes in any bill, joint |
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4737 | 4738 | | resolution, or conference committee report; |
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4738 | 4739 | | (5) establishes or interprets policy for a state |
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4739 | 4740 | | agency, department, or political subdivision; |
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4740 | 4741 | | (6) establishes, modifies, or changes internal |
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4741 | 4742 | | procedures or administration of the legislature or any component |
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4742 | 4743 | | part thereof; |
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4743 | 4744 | | (7) proposes an amendment to the Joint Rules of the |
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4744 | 4745 | | Senate and the House of Representatives; or |
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4745 | 4746 | | (8) is ordered printed by a majority vote of the house. |
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4746 | 4747 | | Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be |
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4747 | 4748 | | printed only if the resolution: |
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4748 | 4749 | | (1) proposes an amendment to the rules of the house; |
---|
4749 | 4750 | | (2) establishes, modifies, or changes the internal |
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4750 | 4751 | | procedures and administration of the house; |
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4751 | 4752 | | (3) establishes legislative policy or interprets |
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4752 | 4753 | | legislative intent; or |
---|
4753 | 4754 | | (4) is ordered printed by a majority of the house. |
---|
4754 | 4755 | | Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING |
---|
4755 | 4756 | | REQUIREMENTS. Except for matter to be printed in the journal, all |
---|
4756 | 4757 | | requirements contained in the rules with respect to the printing of |
---|
4757 | 4758 | | bills, resolutions, reports, and other matters shall be considered |
---|
4758 | 4759 | | complied with if the material is adequately and properly reproduced |
---|
4759 | 4760 | | by any acceptable means of reproduction. |
---|
4760 | 4761 | | RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE |
---|
4761 | 4762 | | CHAPTER A. MESSAGES |
---|
4762 | 4763 | | Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and |
---|
4763 | 4764 | | communications from the governor shall be received when announced, |
---|
4764 | 4765 | | and shall be read on the calendar day received. |
---|
4765 | 4766 | | Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from |
---|
4766 | 4767 | | the senate shall be received when announced. Senate bills |
---|
4767 | 4768 | | announced as passed shall be read for the first time and referred to |
---|
4768 | 4769 | | the appropriate committee as soon as practicable. |
---|
4769 | 4770 | | (b) Messages from the senate announcing amendments to house |
---|
4770 | 4771 | | bills and resolutions, nonconcurrence in house amendments to senate |
---|
4771 | 4772 | | bills and resolutions, requests for conference committees, reports |
---|
4772 | 4773 | | of conference committees, and all other matters of disagreement, |
---|
4773 | 4774 | | amendments, and requests between the two houses, shall go to the |
---|
4774 | 4775 | | speaker's desk in their regular order, but may be called up for |
---|
4775 | 4776 | | action by the house at any time as a privileged matter, yielding |
---|
4776 | 4777 | | only to a motion to adjourn. |
---|
4777 | 4778 | | CHAPTER B. SENATE AMENDMENTS |
---|
4778 | 4779 | | Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill, |
---|
4779 | 4780 | | resolution, or other matter is returned to the house with senate |
---|
4780 | 4781 | | amendments, the house may: |
---|
4781 | 4782 | | (1) agree to the amendments; or |
---|
4782 | 4783 | | (2) disagree to all of the amendments and ask for a |
---|
4783 | 4784 | | conference committee; or |
---|
4784 | 4785 | | (3) agree to one or more of the amendments and disagree |
---|
4785 | 4786 | | as to the remainder and request a conference committee to consider |
---|
4786 | 4787 | | those in disagreement; or |
---|
4787 | 4788 | | (4) agree to one or more and disagree as to the |
---|
4788 | 4789 | | remainder; or |
---|
4789 | 4790 | | (5) disagree to all amendments. |
---|
4790 | 4791 | | Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH |
---|
4791 | 4792 | | IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate |
---|
4792 | 4793 | | amendments thereto must be adopted by a vote of two-thirds of the |
---|
4793 | 4794 | | elected membership of the house. |
---|
4794 | 4795 | | Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments |
---|
4795 | 4796 | | to house bills and resolutions must be printed and copies provided |
---|
4796 | 4797 | | to the members at least 24 hours before any action can be taken |
---|
4797 | 4798 | | thereon by the house during a regular or special session. |
---|
4798 | 4799 | | (b) When a house bill or joint resolution, other than the |
---|
4799 | 4800 | | general appropriations bill, with senate amendments is returned to |
---|
4800 | 4801 | | the house, the chief clerk shall request the Legislative Budget |
---|
4801 | 4802 | | Board to prepare a fiscal note outlining the fiscal implications |
---|
4802 | 4803 | | and probable cost of the measure as impacted by the senate |
---|
4803 | 4804 | | amendments. A copy of the fiscal note shall be distributed with the |
---|
4804 | 4805 | | senate amendments on their printing before any action can be taken |
---|
4805 | 4806 | | on the senate amendments by the house. |
---|
4806 | 4807 | | (c) When a house bill or joint resolution, other than the |
---|
4807 | 4808 | | general appropriations bill, with senate amendments is returned to |
---|
4808 | 4809 | | the house, the chief clerk shall request the Texas Legislative |
---|
4809 | 4810 | | Council to prepare an analysis that describes the substantive |
---|
4810 | 4811 | | changes made to the house version of the bill by the senate |
---|
4811 | 4812 | | amendments. A copy of the council's analysis of senate amendments |
---|
4812 | 4813 | | shall be provided to the members electronically or as a printed copy |
---|
4813 | 4814 | | at least 12 hours before action is taken on the senate amendments by |
---|
4814 | 4815 | | the house. The Texas Legislative Council shall make all reasonable |
---|
4815 | 4816 | | efforts to timely provide the analysis in as accurate a form as time |
---|
4816 | 4817 | | allows. However, an unavoidable inability to provide the analysis |
---|
4817 | 4818 | | or an inadvertent error in the analysis is not subject to a point of |
---|
4818 | 4819 | | order. |
---|
4819 | 4820 | | (d) When a house bill or joint resolution for which a tax |
---|
4820 | 4821 | | equity note was required under Rule 4, Section 34(b)(5), is |
---|
4821 | 4822 | | returned to the house with senate amendments, the chief clerk shall |
---|
4822 | 4823 | | request the Legislative Budget Board to prepare a tax equity note |
---|
4823 | 4824 | | estimating the general effects of the senate amendments on the |
---|
4824 | 4825 | | distribution of tax and fee burdens among individuals and |
---|
4825 | 4826 | | businesses. A copy of the updated tax equity note shall be made |
---|
4826 | 4827 | | available to each member, in some format, before any vote on the |
---|
4827 | 4828 | | floor can be taken on the senate amendments by the house. |
---|
4828 | 4829 | | CHAPTER C. CONFERENCE COMMITTEES |
---|
4829 | 4830 | | Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences |
---|
4830 | 4831 | | between the senate and the house by committee, the number of |
---|
4831 | 4832 | | committee members from each house shall be five. All votes on |
---|
4832 | 4833 | | matters of difference shall be taken by each committee separately. |
---|
4833 | 4834 | | A majority of each committee shall be required to determine the |
---|
4834 | 4835 | | matter in dispute. Reports by conference committees must be signed |
---|
4835 | 4836 | | by a majority of each committee of the conference. |
---|
4836 | 4837 | | (b) A copy of the report signed by a majority of each |
---|
4837 | 4838 | | committee of the conference must be furnished to each member of the |
---|
4838 | 4839 | | committee in person or if unable to deliver in person by placing a |
---|
4839 | 4840 | | copy in the member's newspaper mailbox at least one hour before the |
---|
4840 | 4841 | | report is furnished to each member of the house under Section 10(a) |
---|
4841 | 4842 | | of this rule. The paper copies of the report submitted to the chief |
---|
4842 | 4843 | | clerk under Section 10(b) of this rule must contain a certificate |
---|
4843 | 4844 | | that the requirement of this subsection has been satisfied, and |
---|
4844 | 4845 | | that certificate must be attached to the copy of the report |
---|
4845 | 4846 | | furnished to each member under Section 10(d) of this rule. Failure |
---|
4846 | 4847 | | to comply with this subsection is not subject to a point of order. |
---|
4847 | 4848 | | Sec. 7. MEETINGS. (a) House conferees when meeting with |
---|
4848 | 4849 | | senate conferees to adjust differences shall meet in public and |
---|
4849 | 4850 | | shall give a reasonable amount of notice of the meeting in the place |
---|
4850 | 4851 | | designated for giving notice of meetings of house standing |
---|
4851 | 4852 | | committees. Any such meeting shall be open to the news media. Any |
---|
4852 | 4853 | | conference committee report adopted in private shall not be |
---|
4853 | 4854 | | considered by the house. |
---|
4854 | 4855 | | (b) At a meeting of the conferees to adjust differences on |
---|
4855 | 4856 | | the general appropriations bill, the chair of the house conferees |
---|
4856 | 4857 | | may request the assistance of any house member who serves on the |
---|
4857 | 4858 | | appropriations committee. |
---|
4858 | 4859 | | Sec. 8. INSTRUCTIONS. Instructions to a conference |
---|
4859 | 4860 | | committee shall be made after the conference is ordered and before |
---|
4860 | 4861 | | the conferees are appointed by the speaker, and not thereafter. |
---|
4861 | 4862 | | Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference |
---|
4862 | 4863 | | committees shall limit their discussions and their actions solely |
---|
4863 | 4864 | | to the matters in disagreement between the two houses. A conference |
---|
4864 | 4865 | | committee shall have no authority with respect to any bill or |
---|
4865 | 4866 | | resolution: |
---|
4866 | 4867 | | (1) to change, alter, or amend text which is not in |
---|
4867 | 4868 | | disagreement; |
---|
4868 | 4869 | | (2) to omit text which is not in disagreement; |
---|
4869 | 4870 | | (3) to add text on any matter which is not in |
---|
4870 | 4871 | | disagreement; |
---|
4871 | 4872 | | (4) to add text on any matter which is not included in |
---|
4872 | 4873 | | either the house or senate version of the bill or resolution. |
---|
4873 | 4874 | | This rule shall be strictly construed by the presiding |
---|
4874 | 4875 | | officer in each house to achieve these purposes. |
---|
4875 | 4876 | | (b) Conference committees on appropriations bills, like |
---|
4876 | 4877 | | other conference committees, shall limit their discussions and |
---|
4877 | 4878 | | their actions solely to the matters in disagreement between the two |
---|
4878 | 4879 | | houses. In addition to the limitations contained elsewhere in the |
---|
4879 | 4880 | | rules, a conference committee on appropriations bills shall be |
---|
4880 | 4881 | | strictly limited in its authority as follows: |
---|
4881 | 4882 | | (1) If an item of appropriation appears in both house |
---|
4882 | 4883 | | and senate versions of the bill, the item must be included in the |
---|
4883 | 4884 | | conference committee report. |
---|
4884 | 4885 | | (2) If an item of appropriation appears in both house |
---|
4885 | 4886 | | and senate versions of the bill, and in identical amounts, no change |
---|
4886 | 4887 | | can be made in the item or the amount. |
---|
4887 | 4888 | | (3) If an item of appropriation appears in both house |
---|
4888 | 4889 | | and senate versions of the bill but in different amounts, no change |
---|
4889 | 4890 | | can be made in the item, but the amount shall be at the discretion of |
---|
4890 | 4891 | | the conference committee, provided that the amount shall not exceed |
---|
4891 | 4892 | | the larger version and shall not be less than the smaller version. |
---|
4892 | 4893 | | (4) If an item of appropriation appears in one version |
---|
4893 | 4894 | | of the bill and not in the other, the item can be included or omitted |
---|
4894 | 4895 | | at the discretion of the conference committee. If the item is |
---|
4895 | 4896 | | included, the amount shall not exceed the sum specified in the |
---|
4896 | 4897 | | version containing the item. |
---|
4897 | 4898 | | (5) If an item of appropriation appears in neither the |
---|
4898 | 4899 | | house nor the senate version of the bill, the item must not be |
---|
4899 | 4900 | | included in the conference committee report. However, the |
---|
4900 | 4901 | | conference committee report may include appropriations for |
---|
4901 | 4902 | | purposes or programs authorized by bills that have been passed and |
---|
4902 | 4903 | | sent to the governor and may include contingent appropriations for |
---|
4903 | 4904 | | purposes or programs authorized by bills that have been passed by at |
---|
4904 | 4905 | | least one house. |
---|
4905 | 4906 | | This rule shall be strictly construed by the presiding |
---|
4906 | 4907 | | officer in each house to achieve these purposes. |
---|
4907 | 4908 | | (c) Conference committees on tax bills, like other |
---|
4908 | 4909 | | conference committees, shall limit their discussions and their |
---|
4909 | 4910 | | actions solely to the matters in disagreement between the two |
---|
4910 | 4911 | | houses. In addition to the limitations contained elsewhere in the |
---|
4911 | 4912 | | rules, a conference committee on a tax bill shall be strictly |
---|
4912 | 4913 | | limited in its authority as follows: |
---|
4913 | 4914 | | (1) If a tax item appears in both house and senate |
---|
4914 | 4915 | | versions of the bill, the item must be included in the conference |
---|
4915 | 4916 | | committee report. |
---|
4916 | 4917 | | (2) If a tax item appears in both house and senate |
---|
4917 | 4918 | | versions of the bill, and in identical form and with identical |
---|
4918 | 4919 | | rates, no change can be made in the item or the rate provided. |
---|
4919 | 4920 | | (3) If a tax item appears in both house and senate |
---|
4920 | 4921 | | versions of the bill but at differing rates, no change can be made |
---|
4921 | 4922 | | in the item, but the rate shall be at the discretion of the |
---|
4922 | 4923 | | conference committee, provided that the rate shall not exceed the |
---|
4923 | 4924 | | higher version and shall not be less than the lower version. |
---|
4924 | 4925 | | (4) If a tax item appears in one version of the bill |
---|
4925 | 4926 | | and not in the other, the item can be included or omitted at the |
---|
4926 | 4927 | | discretion of the conference committee. If the item is included, |
---|
4927 | 4928 | | the rate shall not exceed the rate specified in the version |
---|
4928 | 4929 | | containing the item. |
---|
4929 | 4930 | | (5) If a tax item appears in neither the house nor the |
---|
4930 | 4931 | | senate version of the bill, the item must not be included in the |
---|
4931 | 4932 | | conference committee report. |
---|
4932 | 4933 | | This rule shall be strictly construed by the presiding |
---|
4933 | 4934 | | officer in each house to achieve these purposes. |
---|
4934 | 4935 | | (d) Conference committees on reapportionment bills, to the |
---|
4935 | 4936 | | extent possible, shall limit their discussions and their actions to |
---|
4936 | 4937 | | the matters in disagreement between the two houses. Since the |
---|
4937 | 4938 | | adjustment of one district in a reapportionment bill will |
---|
4938 | 4939 | | inevitably affect other districts, the strict rule of construction |
---|
4939 | 4940 | | imposed on other conference committees must be relaxed somewhat |
---|
4940 | 4941 | | when reapportionment bills are involved. Accordingly, the |
---|
4941 | 4942 | | following authority and limitations shall apply only to conference |
---|
4942 | 4943 | | committees on reapportionment bills: |
---|
4943 | 4944 | | (1) If the matters in disagreement affect only certain |
---|
4944 | 4945 | | districts, and other districts are identical in both house and |
---|
4945 | 4946 | | senate versions of the bill, the conference committee shall make |
---|
4946 | 4947 | | adjustments only in those districts whose rearrangement is |
---|
4947 | 4948 | | essential to the effective resolving of the matters in |
---|
4948 | 4949 | | disagreement. All other districts shall remain unchanged. |
---|
4949 | 4950 | | (2) If the matters in disagreement permeate the entire |
---|
4950 | 4951 | | bill and affect most, if not all, of the districts, the conference |
---|
4951 | 4952 | | committee shall have wide discretion in rearranging the districts |
---|
4952 | 4953 | | to the extent necessary to resolve all differences between the two |
---|
4953 | 4954 | | houses. |
---|
4954 | 4955 | | (3) Insofar as the actual structure of the districts |
---|
4955 | 4956 | | is concerned, and only to that extent, the provisions of Subsection |
---|
4956 | 4957 | | (a) of this section shall not apply to conference committees on |
---|
4957 | 4958 | | reapportionment bills. |
---|
4958 | 4959 | | (e) Conference committees on recodification bills, like |
---|
4959 | 4960 | | other conference committees, shall limit their discussions and |
---|
4960 | 4961 | | their actions solely to the matters in disagreement between the two |
---|
4961 | 4962 | | houses. The comprehensive and complicated nature of recodification |
---|
4962 | 4963 | | bills makes necessary the relaxing of the strict rule of |
---|
4963 | 4964 | | construction imposed on other conference committees only to the |
---|
4964 | 4965 | | following extent: |
---|
4965 | 4966 | | (1) If it develops in conference committee that |
---|
4966 | 4967 | | material has been inadvertently included in both house and senate |
---|
4967 | 4968 | | versions which properly has no place in the recodification, that |
---|
4968 | 4969 | | material may be omitted from the conference committee report, if by |
---|
4969 | 4970 | | that omission the existing statute is not repealed, altered, or |
---|
4970 | 4971 | | amended. |
---|
4971 | 4972 | | (2) If it develops in conference committee that |
---|
4972 | 4973 | | material has been inadvertently omitted from both the house and |
---|
4973 | 4974 | | senate versions which properly should be included if the |
---|
4974 | 4975 | | recodification is to achieve its purpose of being all-inclusive of |
---|
4975 | 4976 | | the statutes being recodified, that material may be added to the |
---|
4976 | 4977 | | conference committee report, if by the addition the existing |
---|
4977 | 4978 | | statute is merely restated without substantive change in existing |
---|
4978 | 4979 | | law. |
---|
4979 | 4980 | | (f) Limitations imposed on certain conference committees by |
---|
4980 | 4981 | | the provisions of this section may be suspended in part by |
---|
4981 | 4982 | | permission of the house to allow consideration of and action on a |
---|
4982 | 4983 | | specific matter or matters which otherwise would be prohibited. |
---|
4983 | 4984 | | Permission shall be granted only by resolution passed by majority |
---|
4984 | 4985 | | vote of the house. All such resolutions shall be privileged in |
---|
4985 | 4986 | | nature and need not be referred to a committee. The introduction of |
---|
4986 | 4987 | | such a resolution shall be announced from the house floor and the |
---|
4987 | 4988 | | resolution shall be eligible for consideration by the house: |
---|
4988 | 4989 | | (1) three hours after a copy of the resolution has been |
---|
4989 | 4990 | | distributed to each member; or |
---|
4990 | 4991 | | (2) for a resolution suspending limitations on a |
---|
4991 | 4992 | | conference committee considering the general appropriations bill, |
---|
4992 | 4993 | | 48 hours in a regular session and 24 hours in a special session |
---|
4993 | 4994 | | after a copy of the resolution has been distributed to each member. |
---|
4994 | 4995 | | (g) The time at which the copies of such a resolution are |
---|
4995 | 4996 | | distributed to the members shall be time-stamped on the originals |
---|
4996 | 4997 | | of the resolution. The resolution shall specify in detail: |
---|
4997 | 4998 | | (1) the exact language of the matter or matters |
---|
4998 | 4999 | | proposed to be considered; |
---|
4999 | 5000 | | (2) the specific limitation or limitations to be |
---|
5000 | 5001 | | suspended; |
---|
5001 | 5002 | | (3) the specific action contemplated by the conference |
---|
5002 | 5003 | | committee; |
---|
5003 | 5004 | | (4) except for a resolution suspending the limitations |
---|
5004 | 5005 | | on the conferees for the general appropriations bill, the reasons |
---|
5005 | 5006 | | that suspension of the limitations is being requested; and |
---|
5006 | 5007 | | (5) a fiscal note distributed with the resolution |
---|
5007 | 5008 | | outlining the fiscal implications and probable cost of the items to |
---|
5008 | 5009 | | be included in the conference committee report that would otherwise |
---|
5009 | 5010 | | be prohibited but for the passage of the resolution. |
---|
5010 | 5011 | | (h) In the application of Subsection (g) of this section to |
---|
5011 | 5012 | | appropriations bills, the resolution: |
---|
5012 | 5013 | | (1) need not include changes in amounts resulting from |
---|
5013 | 5014 | | a proposed salary plan or changes in format that do not affect the |
---|
5014 | 5015 | | amount of an appropriation or the method of finance of an |
---|
5015 | 5016 | | appropriation, but shall include a general statement describing the |
---|
5016 | 5017 | | salary plan or format change; |
---|
5017 | 5018 | | (2) need not include differences in language which do |
---|
5018 | 5019 | | not affect the substance of the bill; |
---|
5019 | 5020 | | (3) if suspending a limitation imposed by Subsection |
---|
5020 | 5021 | | (b)(2), (3), (4), or (5) of this section, must specify the amount by |
---|
5021 | 5022 | | which the appropriation in the conference committee report is less |
---|
5022 | 5023 | | than or greater than the amount permitted for that item of |
---|
5023 | 5024 | | appropriation under Subsection (b) of this section; and |
---|
5024 | 5025 | | (4) shall be available in its entirety on the |
---|
5025 | 5026 | | electronic legislative information system that is accessible by the |
---|
5026 | 5027 | | general public. |
---|
5027 | 5028 | | (i) Permission granted by a resolution under Subsection (f) |
---|
5028 | 5029 | | of this section shall suspend the limitations only for the matter or |
---|
5029 | 5030 | | matters clearly specified in the resolution, and the action of the |
---|
5030 | 5031 | | conference committee shall be in conformity with the resolution. |
---|
5031 | 5032 | | Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) A |
---|
5032 | 5033 | | conference committee report on the general appropriations bill must |
---|
5033 | 5034 | | be printed and a copy furnished to each member as provided by Rule |
---|
5034 | 5035 | | 12, Section 1, at least 48 hours before action can be taken on the |
---|
5035 | 5036 | | report by the house during a regular session or at least 24 hours |
---|
5036 | 5037 | | before action can be taken by the house during a special session. |
---|
5037 | 5038 | | All other conference committee reports must be printed and a copy |
---|
5038 | 5039 | | furnished to each member as provided by Rule 12, Section 1, at least |
---|
5039 | 5040 | | 24 hours before action can be taken on the report by the house |
---|
5040 | 5041 | | during a regular or special session. |
---|
5041 | 5042 | | (b) Three original copies of a conference committee report |
---|
5042 | 5043 | | shall be submitted to the chief clerk for printing. Each original |
---|
5043 | 5044 | | conference committee report shall contain the following: |
---|
5044 | 5045 | | (1) the signatures of the house conferees and senate |
---|
5045 | 5046 | | conferees who voted to adopt the conference committee report; |
---|
5046 | 5047 | | (2) the text of the bill or resolution as adopted by |
---|
5047 | 5048 | | the conference committee; and |
---|
5048 | 5049 | | (3) an analysis of the conference committee report as |
---|
5049 | 5050 | | required by Section 11 of this rule. |
---|
5050 | 5051 | | (c) Before action can be taken by the house on a conference |
---|
5051 | 5052 | | committee report on a bill or joint resolution, other than the |
---|
5052 | 5053 | | general appropriations bill, a fiscal note outlining the fiscal |
---|
5053 | 5054 | | implications and probable cost of the conference committee report |
---|
5054 | 5055 | | shall be submitted to the chief clerk, and a copy of the fiscal note |
---|
5055 | 5056 | | shall be distributed with the conference committee report on its |
---|
5056 | 5057 | | printing. |
---|
5057 | 5058 | | (d) Before a vote on the floor can be taken by the house on a |
---|
5058 | 5059 | | conference committee report on a bill or joint resolution for which |
---|
5059 | 5060 | | a tax equity note was required under Rule 4, Section 34(b)(5), a tax |
---|
5060 | 5061 | | equity note estimating the general effects of the conference |
---|
5061 | 5062 | | committee report on the distribution of tax and fee burdens among |
---|
5062 | 5063 | | individuals and businesses shall be submitted to the chief clerk, |
---|
5063 | 5064 | | and a copy of the tax equity note shall be made available to each |
---|
5064 | 5065 | | member. |
---|
5065 | 5066 | | Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference |
---|
5066 | 5067 | | committees shall include an analysis showing wherein the report |
---|
5067 | 5068 | | differs from the house and senate versions of the bill, resolution, |
---|
5068 | 5069 | | or other matter in disagreement. The analysis of appropriations |
---|
5069 | 5070 | | bills shall show in dollar amounts the differences between the |
---|
5070 | 5071 | | conference committee report and the house and senate versions. No |
---|
5071 | 5072 | | conference committee report shall be considered by the house unless |
---|
5072 | 5073 | | such an analysis has been prepared and distributed to each member. |
---|
5073 | 5074 | | (b) The analysis shall to the extent practical indicate any |
---|
5074 | 5075 | | instance wherein the conference committee in its report appears to |
---|
5075 | 5076 | | have exceeded the limitations imposed on its jurisdiction by |
---|
5076 | 5077 | | Section 9 of this rule. An analysis and the conference committee |
---|
5077 | 5078 | | report in which the analysis is included are not subject to a point |
---|
5078 | 5079 | | of order due to a failure to comply with this subsection or due to a |
---|
5079 | 5080 | | mistake made in complying with this subsection. |
---|
5080 | 5081 | | Sec. 12. CONSIDERATION OF REPORTS. A conference committee |
---|
5081 | 5082 | | report is not subject to amendment, but must be accepted or rejected |
---|
5082 | 5083 | | in its entirety. While a conference committee report is pending, a |
---|
5083 | 5084 | | motion to deal with individual amendments in disagreement is not in |
---|
5084 | 5085 | | order. |
---|
5085 | 5086 | | Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference |
---|
5086 | 5087 | | committee report is not acceptable to the house for any reason, it |
---|
5087 | 5088 | | may be recommitted to the same committee with the request for |
---|
5088 | 5089 | | further consideration, and the house may or may not give any |
---|
5089 | 5090 | | specific instructions on the report to the conference committee; or |
---|
5090 | 5091 | | the house may request the appointment by the senate of a new |
---|
5091 | 5092 | | conference committee and then proceed to empower the speaker to |
---|
5092 | 5093 | | name new conferees for the house. |
---|
5093 | 5094 | | RULE 14. GENERAL PROVISIONS |
---|
5094 | 5095 | | Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or |
---|
5095 | 5096 | | inexplicit on any question of order or parliamentary practice, the |
---|
5096 | 5097 | | Rules of the House of Representatives of the United States |
---|
5097 | 5098 | | Congress, and its practice as reflected in published precedents, |
---|
5098 | 5099 | | and Mason's Manual of Legislative Procedure shall be considered as |
---|
5099 | 5100 | | authority. |
---|
5100 | 5101 | | Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the |
---|
5101 | 5102 | | rules of the house shall be proposed by house resolutions which |
---|
5102 | 5103 | | shall be referred at once, without debate, to the Committee on House |
---|
5103 | 5104 | | Administration for study and recommendation. |
---|
5104 | 5105 | | (b) A resolution proposing an amendment to the rules shall |
---|
5105 | 5106 | | not be considered by the house until a printed copy of the |
---|
5106 | 5107 | | resolution has been provided to each member of the house at least 48 |
---|
5107 | 5108 | | hours before consideration. |
---|
5108 | 5109 | | (c) Amendments to the rules shall require a majority vote of |
---|
5109 | 5110 | | the house for adoption. |
---|
5110 | 5111 | | Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend |
---|
5111 | 5112 | | the rules shall be in order at any time, except when motions to |
---|
5112 | 5113 | | adjourn or recess are pending, even when the house is operating |
---|
5113 | 5114 | | under the previous question. A motion to "suspend all rules" shall |
---|
5114 | 5115 | | be sufficient to suspend every rule under which the house is |
---|
5115 | 5116 | | operating for a particular purpose except the provisions of the |
---|
5116 | 5117 | | constitution and the joint rules of the two houses. If the rules |
---|
5117 | 5118 | | have been suspended on a main motion for a given purpose, no other |
---|
5118 | 5119 | | motion to suspend the rules on a main motion shall be in order until |
---|
5119 | 5120 | | the original purpose has been accomplished. |
---|
5120 | 5121 | | Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It |
---|
5121 | 5122 | | shall not be in order to move to suspend the rules or the regular |
---|
5122 | 5123 | | order of business to take up a measure out of its regular order, and |
---|
5123 | 5124 | | the speaker shall not recognize anyone for either purpose, unless |
---|
5124 | 5125 | | the speaker has announced to the house in session that the speaker |
---|
5125 | 5126 | | would recognize a member for that purpose at least one hour before |
---|
5126 | 5127 | | the member is so recognized to make the motion. In making the |
---|
5127 | 5128 | | announcement to the house, the speaker shall advise the house of the |
---|
5128 | 5129 | | member's name and the bill number, and this information, together |
---|
5129 | 5130 | | with the time that the announcement was made, shall be entered in |
---|
5130 | 5131 | | the journal. This rule may be suspended only by unanimous consent. |
---|
5131 | 5132 | | Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule |
---|
5132 | 5133 | | of the house may be suspended by an affirmative vote of two-thirds |
---|
5133 | 5134 | | of the members present. However, if a rule contains a specific |
---|
5134 | 5135 | | provision showing the vote by which that rule may be suspended, that |
---|
5135 | 5136 | | vote shall be required for the suspension of the rule. The specific |
---|
5136 | 5137 | | provision may not be suspended under the provisions of this |
---|
5137 | 5138 | | section. |
---|
5138 | 5139 | | Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any |
---|
5139 | 5140 | | measure taken up under suspension and not disposed of on the same |
---|
5140 | 5141 | | day shall go over as pending or unfinished business to the next day |
---|
5141 | 5142 | | that the house is in session, and shall be considered thereafter |
---|
5142 | 5143 | | from day to day (except the days used for the consideration of |
---|
5143 | 5144 | | senate bills) until disposed of. |
---|
5144 | 5145 | | RULE 15. APPROPRIATE WORKPLACE CONDUCT |
---|
5145 | 5146 | | Sec. 1. STATEMENT OF POLICY. (a) The house finds that: |
---|
5146 | 5147 | | (1) a safe and professional environment in which each |
---|
5147 | 5148 | | individual is treated with respect is essential for conducting the |
---|
5148 | 5149 | | legislative business of Texas; |
---|
5149 | 5150 | | (2) harassment based on an individual's |
---|
5150 | 5151 | | characteristics and activity protected by law is inconsistent with |
---|
5151 | 5152 | | the necessary safe and professional environment; and |
---|
5152 | 5153 | | (3) there is a need for policies designed to prevent |
---|
5153 | 5154 | | harassment and to appropriately address it if it occurs. |
---|
5154 | 5155 | | (b) The house declares that all forms of harassment |
---|
5155 | 5156 | | prohibited by law (including harassment by the making of a |
---|
5156 | 5157 | | complaint of harassment or discrimination or by participating in |
---|
5157 | 5158 | | the investigation of a complaint) are against the policy of the |
---|
5158 | 5159 | | house. |
---|
5159 | 5160 | | (c) Members, officers, and employees of the house are |
---|
5160 | 5161 | | expected to promote public confidence in the integrity of the house |
---|
5161 | 5162 | | by: |
---|
5162 | 5163 | | (1) conducting themselves in a manner that is free of |
---|
5163 | 5164 | | harassment in each setting related to the service of the member, |
---|
5164 | 5165 | | officer, or employee; and |
---|
5165 | 5166 | | (2) reporting any harassment in the workplace of which |
---|
5166 | 5167 | | they have direct, personal knowledge. |
---|
5167 | 5168 | | (d) This rule is the policy on which the house relies for |
---|
5168 | 5169 | | guidance in promoting appropriate workplace conduct. This rule is |
---|
5169 | 5170 | | not intended to, and does not, create an independent cause of |
---|
5170 | 5171 | | action, substantive or procedural, enforceable at law or in equity, |
---|
5171 | 5172 | | by any party against: |
---|
5172 | 5173 | | (1) the house or its officers, employees, or agents; |
---|
5173 | 5174 | | (2) the State of Texas or its departments, agencies, |
---|
5174 | 5175 | | entities, officers, employees, or agents; or |
---|
5175 | 5176 | | (3) any other person. |
---|
5176 | 5177 | | RULE 16. SPECIAL RULE |
---|
5177 | 5178 | | CHAPTER A. GENERAL PROVISIONS |
---|
5178 | 5179 | | Sec. 1. PURPOSE; SCOPE; APPLICATION. (a) This rule is |
---|
5179 | 5180 | | adopted to ensure that the house is able to carry out its |
---|
5180 | 5181 | | legislative responsibilities under the Texas Constitution in the |
---|
5181 | 5182 | | event of disruptions caused by actual or imminent threat of an |
---|
5182 | 5183 | | emergency, including an epidemic or a pandemic. |
---|
5183 | 5184 | | (b) A section of this rule governs the procedure of the |
---|
5184 | 5185 | | house and its committees only when the section is activated as |
---|
5185 | 5186 | | provided by this rule. |
---|
5186 | 5187 | | (c) During the time a section of this rule is activated, the |
---|
5187 | 5188 | | provisions of that section prevail over a provision of Rules 1 |
---|
5188 | 5189 | | through 15 to the extent of any conflict between the provisions. |
---|
5189 | 5190 | | (d) This chapter is not subject to deactivation under |
---|
5190 | 5191 | | Section 4 of this rule. |
---|
5191 | 5192 | | Sec. 2. INITIAL ACTIVATION. This rule is initially |
---|
5192 | 5193 | | activated in its entirety upon adoption of the permanent rules of |
---|
5193 | 5194 | | procedure of the House of Representatives for the 87th Legislature. |
---|
5194 | 5195 | | Sec. 3. REACTIVATION. (a) A section of this rule that has |
---|
5195 | 5196 | | been deactivated under this chapter may be reactivated only as |
---|
5196 | 5197 | | provided by this section. |
---|
5197 | 5198 | | (b) Reactivation of a section of this rule may occur only |
---|
5198 | 5199 | | if: |
---|
5199 | 5200 | | (1) a disaster has been declared and is currently in |
---|
5200 | 5201 | | effect in this state as the result of a declaration by: |
---|
5201 | 5202 | | (A) the president of the United States under the |
---|
5202 | 5203 | | Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
---|
5203 | 5204 | | U.S.C. Section 5121 et seq.), as amended, or other law; |
---|
5204 | 5205 | | (B) the governor under Chapter 418, Government |
---|
5205 | 5206 | | Code, or other law, including the Texas Constitution; or |
---|
5206 | 5207 | | (C) the governing body of a political subdivision |
---|
5207 | 5208 | | under Chapter 418, Government Code, or other law, including the |
---|
5208 | 5209 | | Texas Constitution; or |
---|
5209 | 5210 | | (2) a determination of a public health disaster has |
---|
5210 | 5211 | | been made and is currently in effect under Chapter 81, Health and |
---|
5211 | 5212 | | Safety Code, or other law by: |
---|
5212 | 5213 | | (A) the commissioner of state health services; or |
---|
5213 | 5214 | | (B) a local health authority. |
---|
5214 | 5215 | | (c) If the house is convened in regular or special session |
---|
5215 | 5216 | | and at least one condition listed in Subsection (b) of this section |
---|
5216 | 5217 | | has been met, the house may reactivate one or more sections of this |
---|
5217 | 5218 | | rule by resolution. A resolution proposed under this subsection is |
---|
5218 | 5219 | | subject to the provisions of Rule 14, Section 2, and must: |
---|
5219 | 5220 | | (1) identify the section or sections proposed to be |
---|
5220 | 5221 | | reactivated; and |
---|
5221 | 5222 | | (2) cite the authorities relied on to determine that |
---|
5222 | 5223 | | at least one condition listed in Subsection (b) of this section has |
---|
5223 | 5224 | | been met. |
---|
5224 | 5225 | | (d) If the house is not convened in a regular or special |
---|
5225 | 5226 | | session and at least one condition listed in Subsection (b) of this |
---|
5226 | 5227 | | section has been met, the Committee on House Administration may |
---|
5227 | 5228 | | reactivate one or more sections of this rule only by a vote of a |
---|
5228 | 5229 | | majority of the membership of the committee in a meeting of the |
---|
5229 | 5230 | | committee conducted in accordance with the rules. The notice of the |
---|
5230 | 5231 | | committee meeting must identify the section or sections of this |
---|
5231 | 5232 | | rule that are proposed to be reactivated and cite the authorities |
---|
5232 | 5233 | | relied on to determine that at least one condition listed in |
---|
5233 | 5234 | | Subsection (b) of this section has been met. The minutes of the |
---|
5234 | 5235 | | committee meeting must identify the section or sections of this |
---|
5235 | 5236 | | rule that were reactivated by the committee and cite the |
---|
5236 | 5237 | | authorities relied on to determine that at least one condition |
---|
5237 | 5238 | | listed in Subsection (b) of this section has been met. |
---|
5238 | 5239 | | Sec. 4. DEACTIVATION. (a) If the house is convened in a |
---|
5239 | 5240 | | regular or special session, a section of this rule may be |
---|
5240 | 5241 | | deactivated only by resolution. A resolution proposed under this |
---|
5241 | 5242 | | subsection is subject to the provisions of Rule 14, Section 2, and |
---|
5242 | 5243 | | must identify the section or sections of this rule to be |
---|
5243 | 5244 | | deactivated. |
---|
5244 | 5245 | | (b) If the house is not convened in a regular or special |
---|
5245 | 5246 | | session, the Committee on House Administration may deactivate one |
---|
5246 | 5247 | | or more sections of this rule. A section of this rule may be |
---|
5247 | 5248 | | deactivated only by a vote of a majority of the membership of the |
---|
5248 | 5249 | | committee in a meeting of the committee conducted in accordance |
---|
5249 | 5250 | | with the rules. The notice of the committee meeting must identify |
---|
5250 | 5251 | | the section or sections of this rule that are proposed to be |
---|
5251 | 5252 | | deactivated. The minutes of the committee meeting must identify |
---|
5252 | 5253 | | the section or sections of this rule that were deactivated by the |
---|
5253 | 5254 | | committee. |
---|
5254 | 5255 | | CHAPTER B. DUTIES AND RIGHTS OF THE SPEAKER |
---|
5255 | 5256 | | Sec. 5. A new Rule 1, Section 10A, relating to the |
---|
5256 | 5257 | | designation of a temporary chair, shall read as follows: |
---|
5257 | 5258 | | Rule 1, Sec. 10A. DESIGNATION OF ALTERNATE |
---|
5258 | 5259 | | TEMPORARY CHAIR. (a) If the speaker and permanent |
---|
5259 | 5260 | | speaker pro tempore are both unavailable for any |
---|
5260 | 5261 | | reason, the chair of the Committee on State Affairs is |
---|
5261 | 5262 | | authorized to convene the house and preside over its |
---|
5262 | 5263 | | deliberations. |
---|
5263 | 5264 | | (b) At any time, the speaker may provide a |
---|
5264 | 5265 | | written order to the chief clerk, with a copy to the |
---|
5265 | 5266 | | journal clerk, naming those members, in priority |
---|
5266 | 5267 | | order, authorized to call the house to order and |
---|
5267 | 5268 | | preside if the speaker, permanent speaker pro tempore, |
---|
5268 | 5269 | | and chair of the Committee on State Affairs are all |
---|
5269 | 5270 | | absent or unable to preside. If the speaker, permanent |
---|
5270 | 5271 | | speaker pro tempore, and chair of the Committee on |
---|
5271 | 5272 | | State Affairs are all unavailable for any reason, and |
---|
5272 | 5273 | | it becomes necessary for the house to convene pursuant |
---|
5273 | 5274 | | to an adjournment, recess, or other provision of the |
---|
5274 | 5275 | | constitution or other law, the chief clerk shall |
---|
5275 | 5276 | | contact the members, in the order listed on the |
---|
5276 | 5277 | | speaker's written order, until the chief clerk locates |
---|
5277 | 5278 | | a member who is available to convene and preside over |
---|
5278 | 5279 | | the deliberations of the house. |
---|
5279 | 5280 | | Sec. 6. Rule 1, Section 11, relating to emergency |
---|
5280 | 5281 | | adjournment, shall read as follows: |
---|
5281 | 5282 | | Rule 1, Sec. 11. EMERGENCY ADJOURNMENT. In the |
---|
5282 | 5283 | | event of an emergency of such compelling nature that |
---|
5283 | 5284 | | the speaker must adjourn the house without fixing a |
---|
5284 | 5285 | | date and hour of reconvening, the speaker shall have |
---|
5285 | 5286 | | authority, subject to the provisions of Section 17, |
---|
5286 | 5287 | | Article III, Texas Constitution, to determine the date |
---|
5287 | 5288 | | and hour of reconvening and to notify the members of |
---|
5288 | 5289 | | the house by any means the speaker considers adequate. |
---|
5289 | 5290 | | Should the speaker be disabled or otherwise unable to |
---|
5290 | 5291 | | exercise these emergency powers, the permanent speaker |
---|
5291 | 5292 | | pro tempore, if one has been named, shall have |
---|
5292 | 5293 | | authority to act. If there is no permanent speaker pro |
---|
5293 | 5294 | | tempore, or if that officer is unable to act, authority |
---|
5294 | 5295 | | shall be exercised by one of the following members, in |
---|
5295 | 5296 | | the order listed below [the chair of the Committee on |
---|
5296 | 5297 | | State Affairs], who shall preside until the house can |
---|
5297 | 5298 | | proceed to the selection of a temporary presiding |
---|
5298 | 5299 | | officer to function until the speaker or the speaker |
---|
5299 | 5300 | | pro tempore is again able to exercise the duties and |
---|
5300 | 5301 | | responsibilities of the office: |
---|
5301 | 5302 | | (1) the chair of the Committee on State |
---|
5302 | 5303 | | Affairs; or |
---|
5303 | 5304 | | (2) the first available member on the |
---|
5304 | 5305 | | speaker's written order filed with the chief clerk |
---|
5305 | 5306 | | under Section 10A of this rule. |
---|
5306 | 5307 | | Sec. 7. Rule 1, Section 12, relating to postponement of |
---|
5307 | 5308 | | reconvening, shall read as follows: |
---|
5308 | 5309 | | Rule 1, Sec. 12. POSTPONEMENT OF RECONVENING. |
---|
5309 | 5310 | | When the house is not in session, if the speaker |
---|
5310 | 5311 | | determines that it would be a hazard to the safety of |
---|
5311 | 5312 | | the members, officers, employees, and others attending |
---|
5312 | 5313 | | the legislature to reconvene at the time determined by |
---|
5313 | 5314 | | the house at its last sitting, the speaker may clear |
---|
5314 | 5315 | | the area of the capitol under the control of the house |
---|
5315 | 5316 | | and, subject to the provisions of Section 17, Article |
---|
5316 | 5317 | | III, Texas Constitution, postpone the reconvening of |
---|
5317 | 5318 | | the house for a period of not more than three calendar |
---|
5318 | 5319 | | days, not including Sundays [12 hours]. On making that |
---|
5319 | 5320 | | determination, the speaker shall order the |
---|
5320 | 5321 | | sergeant-at-arms to post an assistant at each first |
---|
5321 | 5322 | | floor entrance to the capitol and other places and |
---|
5322 | 5323 | | advise all persons entering of the determination and |
---|
5323 | 5324 | | the time set for the house to reconvene. The speaker |
---|
5324 | 5325 | | shall also notify the journal clerk and the news media |
---|
5325 | 5326 | | of the action, and the action shall be entered in the |
---|
5326 | 5327 | | house journal. If the speaker is unavailable or unable |
---|
5327 | 5328 | | to act, the authority to postpone reconvening under |
---|
5328 | 5329 | | this section may be exercised by one of the following |
---|
5329 | 5330 | | members, in the order listed below: |
---|
5330 | 5331 | | (1) the permanent speaker pro tempore; |
---|
5331 | 5332 | | (2) the chair of the Committee on State |
---|
5332 | 5333 | | Affairs; or |
---|
5333 | 5334 | | (3) the first available member on the |
---|
5334 | 5335 | | speaker's written order filed with the chief clerk |
---|
5335 | 5336 | | under Section 10A of this rule. |
---|
5336 | 5337 | | CHAPTER C. OFFICERS AND EMPLOYEES |
---|
5337 | 5338 | | [RESERVED FOR EXPANSION] |
---|
5338 | 5339 | | CHAPTER D. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES |
---|
5339 | 5340 | | Sec. 8. A new Rule 4, Section 8A, relating to required face |
---|
5340 | 5341 | | masks during committee meetings, shall read as follows: |
---|
5341 | 5342 | | Rule 4, Sec. 8A. FACE MASKS REQUIRED FOR |
---|
5342 | 5343 | | COMMITTEE MEETINGS. Each person admitted to a meeting |
---|
5343 | 5344 | | room for the purpose of participating in or attending a |
---|
5344 | 5345 | | committee or subcommittee meeting is required to wear |
---|
5345 | 5346 | | at all times a face mask that complies with the |
---|
5346 | 5347 | | recommendations of the Centers for Disease Control and |
---|
5347 | 5348 | | Prevention. A member of the house or a witness may |
---|
5348 | 5349 | | temporarily remove the person's face mask only while |
---|
5349 | 5350 | | speaking from a microphone on the dais or the witness |
---|
5350 | 5351 | | podium. An officer or employee of the house may |
---|
5351 | 5352 | | temporarily remove the person's face mask only while |
---|
5352 | 5353 | | speaking from a microphone or as directed by the chair. |
---|
5353 | 5354 | | If the Committee on House Administration has installed |
---|
5354 | 5355 | | clear barriers that comply with epidemiological best |
---|
5355 | 5356 | | practices on the dais in a meeting room, a member, |
---|
5356 | 5357 | | officer, or employee may remove the person's face mask |
---|
5357 | 5358 | | when the person is protected by the barriers if other |
---|
5358 | 5359 | | persons who are not protected by the barriers are at |
---|
5359 | 5360 | | least six feet away from the member, officer, or |
---|
5360 | 5361 | | employee. |
---|
5361 | 5362 | | Sec. 9. Rule 4, Section 11, and new Rule 4, Section 11A, |
---|
5362 | 5363 | | relating to posting notice of committee meetings, shall read as |
---|
5363 | 5364 | | follows: |
---|
5364 | 5365 | | Rule 4, Sec. 11. POSTING NOTICE. (a) No |
---|
5365 | 5366 | | committee or subcommittee, including a calendars |
---|
5366 | 5367 | | committee, shall assemble for the purpose of a public |
---|
5367 | 5368 | | hearing during a regular session unless notice of the |
---|
5368 | 5369 | | hearing has been posted in accordance with the rules at |
---|
5369 | 5370 | | least five calendar days in advance of the hearing. No |
---|
5370 | 5371 | | committee or subcommittee, including a calendars |
---|
5371 | 5372 | | committee, shall assemble for the purpose of a public |
---|
5372 | 5373 | | hearing during a special session unless notice of the |
---|
5373 | 5374 | | hearing has been posted in accordance with the rules at |
---|
5374 | 5375 | | least 24 hours in advance of the hearing. The committee |
---|
5375 | 5376 | | minutes shall reflect the date of each posting of |
---|
5376 | 5377 | | notice. Notice shall not be required for a public |
---|
5377 | 5378 | | hearing or a formal meeting on a senate bill which is |
---|
5378 | 5379 | | substantially the same as a house bill that has |
---|
5379 | 5380 | | previously been the subject of a duly posted public |
---|
5380 | 5381 | | hearing by the committee. |
---|
5381 | 5382 | | (b) No committee or subcommittee, including a |
---|
5382 | 5383 | | calendars committee, shall assemble for the purpose of |
---|
5383 | 5384 | | a formal meeting or work session during a regular or |
---|
5384 | 5385 | | special session unless written notice has been posted |
---|
5385 | 5386 | | and transmitted to each member of the committee two |
---|
5386 | 5387 | | hours in advance of the meeting or an announcement has |
---|
5387 | 5388 | | been filed with the journal clerk and read by the |
---|
5388 | 5389 | | reading clerk while the house is in session at least 30 |
---|
5389 | 5390 | | minutes in advance of the meeting. |
---|
5390 | 5391 | | (c) All committees meeting during the interim |
---|
5391 | 5392 | | for the purpose of a formal meeting, work session, or |
---|
5392 | 5393 | | public hearing shall post notice in accordance with |
---|
5393 | 5394 | | the rules and notify members of the committee at least |
---|
5394 | 5395 | | five calendar days in advance of the meeting. |
---|
5395 | 5396 | | Rule 4, Sec. 11A. CONTENTS OF NOTICE. In |
---|
5396 | 5397 | | addition to other information required by the rules, |
---|
5397 | 5398 | | the notice of a committee meeting must include: |
---|
5398 | 5399 | | (1) instructions, or a link to |
---|
5399 | 5400 | | instructions on the house's Internet website, related |
---|
5400 | 5401 | | to public access to the meeting location and health and |
---|
5401 | 5402 | | safety protocols for attending the meeting; |
---|
5402 | 5403 | | (2) for a meeting that will be video |
---|
5403 | 5404 | | broadcast under Section 12A of this rule, the link to |
---|
5404 | 5405 | | that broadcast on the house's Internet website; and |
---|
5405 | 5406 | | (3) for a public hearing, instructions, or |
---|
5406 | 5407 | | a link to instructions on the house's Internet website, |
---|
5407 | 5408 | | for individuals who wish to: |
---|
5408 | 5409 | | (A) testify in person at the hearing; |
---|
5409 | 5410 | | or |
---|
5410 | 5411 | | (B) electronically submit public |
---|
5411 | 5412 | | comments without testifying. |
---|
5412 | 5413 | | Sec. 10. A new Rule 4, Section 12A, relating to public |
---|
5413 | 5414 | | access to committee meetings, shall read as follows: |
---|
5414 | 5415 | | Rule 4, Sec. 12A. PUBLIC ACCESS TO COMMITTEE |
---|
5415 | 5416 | | MEETINGS. The requirement for all meetings of a |
---|
5416 | 5417 | | committee or subcommittee to be open to other members, |
---|
5417 | 5418 | | the press, and the public may be satisfied by video |
---|
5418 | 5419 | | broadcasting the meeting in real time through the |
---|
5419 | 5420 | | Internet. The video broadcast must be accessible from |
---|
5420 | 5421 | | a link on the house's Internet website. |
---|
5421 | 5422 | | Sec. 11. A new Rule 4, Section 16A, relating to quorum |
---|
5422 | 5423 | | requirements for taking testimony, shall read as follows: |
---|
5423 | 5424 | | Rule 4, Sec. 16A. QUORUM REQUIREMENTS FOR |
---|
5424 | 5425 | | TAKING TESTIMONY. Two members of a committee shall |
---|
5425 | 5426 | | constitute a quorum for the sole purpose of taking |
---|
5426 | 5427 | | testimony during a public hearing. Any other |
---|
5427 | 5428 | | committee member may participate in the public hearing |
---|
5428 | 5429 | | through an Internet or other videoconferencing system |
---|
5429 | 5430 | | if two-way communication has been enabled to allow all |
---|
5430 | 5431 | | committee members to be clearly visible and audible to |
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