1 | 1 | | By: Darby H.R. No. 96 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | R E S O L U T I O N |
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5 | 5 | | BE IT RESOLVED, by the House of Representatives of the 87th |
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6 | 6 | | Texas Legislature, That the permanent rules of the House of |
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7 | 7 | | Representatives of the 87th Legislature are amended as follows: |
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8 | 8 | | SECTION 1. Rule 4, Section 9, is amended to read as follows: |
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9 | 9 | | Sec. 9. MEETING WHILE HOUSE IN SESSION. (a) Except as |
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10 | 10 | | otherwise provided by this section, no [No] standing committee or |
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11 | 11 | | subcommittee shall meet during the time the house is in session |
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12 | 12 | | without permission being given by a majority vote of the house. No |
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13 | 13 | | standing committee or subcommittee shall conduct its meeting on the |
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14 | 14 | | floor of the house or in the house chamber while the house is in |
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15 | 15 | | session, but shall, if given permission to meet while the house is |
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16 | 16 | | in session, retire to a designated committee room for the conduct of |
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17 | 17 | | its meeting. |
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18 | 18 | | (b) Permission of the house is not required for a committee |
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19 | 19 | | or subcommittee to meet, in a designated committee room, while the |
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20 | 20 | | house is in session if: |
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21 | 21 | | (1) a call of the house has been ordered and a quorum |
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22 | 22 | | of the house has not yet been secured; and |
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23 | 23 | | (2) the members of the committee or subcommittee |
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24 | 24 | | registered as present under the call of the house have received |
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25 | 25 | | written permission of the speaker, under Rule 5, Section 8, to leave |
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26 | 26 | | the hall of the house. |
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27 | 27 | | SECTION 2. Rule 4 is amended by adding Section 10A to read |
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28 | 28 | | as follows: |
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29 | 29 | | Sec. 10A. PARTICIPATION IN PUBLIC HEARING BY MEMBER ABSENT |
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30 | 30 | | WITHOUT SUFFICIENT EXCUSE UNDER A CALL OF THE HOUSE. If a member |
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31 | 31 | | was absent from the sessions of the house without sufficient excuse |
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32 | 32 | | during a call of the house and did not voluntarily appear in the |
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33 | 33 | | hall of the house under Rule 5, Section 8, the member may not |
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34 | 34 | | participate in a public hearing, either in person or under Section |
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35 | 35 | | 16A, during that regular or special session until the expiration of |
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36 | 36 | | the 48-hour period that begins at the time the member enters the |
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37 | 37 | | hall of the house while the house is in session and reports the |
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38 | 38 | | member's name to the journal clerk to be entered in the journal as |
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39 | 39 | | present. |
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40 | 40 | | SECTION 3. Rule 5, Section 3, is amended to read as follows: |
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41 | 41 | | Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent |
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42 | 42 | | from the sessions of the house without leave, and no member shall be |
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43 | 43 | | excused on his or her own motion. |
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44 | 44 | | (b) A leave of absence may be granted by a majority vote of |
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45 | 45 | | the house and may be revoked at any time by a similar vote. |
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46 | 46 | | (c) Any member granted a leave of absence due to a meeting of |
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47 | 47 | | a committee or conference committee that has authority to meet |
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48 | 48 | | while the house is in session shall be so designated on each roll |
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49 | 49 | | call or registration for which that member is excused. |
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50 | 50 | | (d) Unless the house excuses the payment of the fine by a |
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51 | 51 | | majority vote, each member who is absent without leave during a call |
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52 | 52 | | of the house is liable to the house for a fine in the amount of $500 |
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53 | 53 | | for each calendar day of absence, exclusive of the day on which the |
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54 | 54 | | call was ordered and the day of the member's return to the hall of |
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55 | 55 | | the house. |
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56 | 56 | | (e) The Committee on House Administration shall notify a |
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57 | 57 | | member of the total amount of fines for which payment is not |
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58 | 58 | | excused. A member must pay the amount stated in the committee's |
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59 | 59 | | notice by making payment of that amount to the House Business Office |
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60 | 60 | | not later than the third business day of the first calendar month |
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61 | 61 | | after the date of the committee's notice. If a member does not make |
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62 | 62 | | full payment as required by this subsection, the committee shall |
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63 | 63 | | direct the House Business Office to reduce the amount of the monthly |
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64 | 64 | | credit to the member's operating account established under the |
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65 | 65 | | housekeeping resolution by 30 percent in each month that any amount |
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66 | 66 | | of a fine remains due and owing. When a member has made full payment |
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67 | 67 | | as required by this subsection, the committee shall direct the |
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68 | 68 | | House Business Office to restore the impounded funds to the |
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69 | 69 | | member's operating account subject to any limitations on the |
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70 | 70 | | carrying forward of unexpended funds established by the |
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71 | 71 | | housekeeping resolution. |
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72 | 72 | | SECTION 4. Rule 5, Section 8, is amended to read as follows: |
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73 | 73 | | Sec. 8. SECURING A QUORUM. (a) When a call of the house is |
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74 | 74 | | moved for one of the above purposes and seconded by 15 members (of |
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75 | 75 | | whom the speaker may be one) and ordered by a majority vote, the |
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76 | 76 | | main entrance to the hall and all other doors leading out of the |
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77 | 77 | | hall shall be locked and no member permitted to leave the house |
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78 | 78 | | without the written permission of the speaker. The names of members |
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79 | 79 | | present shall be recorded. All absentees for whom no sufficient |
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80 | 80 | | excuse is made may, by order of a majority of those present, be sent |
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81 | 81 | | for and arrested, wherever they may be found, by the |
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82 | 82 | | sergeant-at-arms or an officer appointed by the sergeant-at-arms |
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83 | 83 | | for that purpose, and their attendance shall be secured and |
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84 | 84 | | retained. The house shall determine on what conditions they shall |
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85 | 85 | | be discharged. Members who voluntarily appear shall, unless the |
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86 | 86 | | house otherwise directs, be immediately admitted to the hall of the |
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87 | 87 | | house and shall report their names to the clerk to be entered in the |
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88 | 88 | | journal as present. |
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89 | 89 | | (b) Until a quorum appears, should the roll call fail to |
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90 | 90 | | show one present, no business shall be transacted, except to compel |
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91 | 91 | | the attendance of absent members or to adjourn. It shall not be in |
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92 | 92 | | order to recess under a call of the house. For purposes of this |
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93 | 93 | | subsection, the following are not considered to be business: |
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94 | 94 | | (1) receipt of messages from the governor and senate |
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95 | 95 | | under Rule 13, Sections 1 and 2; |
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96 | 96 | | (2) the signing of measures by the speaker in the |
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97 | 97 | | presence of the house under Rule 1, Section 13; and |
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98 | 98 | | (3) the referral of proposed legislation to committee |
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99 | 99 | | by the speaker under Rule 1, Section 4. |
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100 | 100 | | (c) In discharging a member under Subsection (a), the house |
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101 | 101 | | may: |
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102 | 102 | | (1) refuse to excuse payment of the fine imposed under |
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103 | 103 | | Section 3(d); |
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104 | 104 | | (2) reprimand the member; |
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105 | 105 | | (3) censure the member; |
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106 | 106 | | (4) revoke the speaker's designation of the member as |
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107 | 107 | | chair of a standing, select, or interim committee; or |
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108 | 108 | | (5) stay the imposition of any penalty. |
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109 | 109 | | (d) The house may not impose a penalty under Subsection |
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110 | 110 | | (c)(4) unless the member has been absent without leave for the |
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111 | 111 | | purpose of impeding the action of the house for more than two |
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112 | 112 | | calendar days, exclusive of the day the call was ordered and the day |
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113 | 113 | | of the member's return to the hall of the house. |
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114 | 114 | | (e) Before action is taken by the house under Subsection |
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115 | 115 | | (c)(4), the matter shall be referred to the Committee on House |
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116 | 116 | | Administration for investigation and report. A report issued under |
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117 | 117 | | this subsection shall not be considered by the house until a printed |
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118 | 118 | | copy of the report has been provided to each member of the house at |
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119 | 119 | | least 24 hours before consideration. |
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120 | 120 | | (f) When filling a vacancy in the position of chair of a |
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121 | 121 | | committee that results from a penalty imposed under Subsection |
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122 | 122 | | (c)(4), the speaker must designate the new chair from the existing |
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123 | 123 | | membership of the committee. |
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