Texas 2021 - 87th 2nd C.S.

Texas House Bill HR96 Compare Versions

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11 By: Darby H.R. No. 96
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44 R E S O L U T I O N
55 BE IT RESOLVED, by the House of Representatives of the 87th
66 Texas Legislature, That the permanent rules of the House of
77 Representatives of the 87th Legislature are amended as follows:
88 SECTION 1. Rule 4, Section 9, is amended to read as follows:
99 Sec. 9. MEETING WHILE HOUSE IN SESSION. (a) Except as
1010 otherwise provided by this section, no [No] standing committee or
1111 subcommittee shall meet during the time the house is in session
1212 without permission being given by a majority vote of the house. No
1313 standing committee or subcommittee shall conduct its meeting on the
1414 floor of the house or in the house chamber while the house is in
1515 session, but shall, if given permission to meet while the house is
1616 in session, retire to a designated committee room for the conduct of
1717 its meeting.
1818 (b) Permission of the house is not required for a committee
1919 or subcommittee to meet, in a designated committee room, while the
2020 house is in session if:
2121 (1) a call of the house has been ordered and a quorum
2222 of the house has not yet been secured; and
2323 (2) the members of the committee or subcommittee
2424 registered as present under the call of the house have received
2525 written permission of the speaker, under Rule 5, Section 8, to leave
2626 the hall of the house.
2727 SECTION 2. Rule 4 is amended by adding Section 10A to read
2828 as follows:
2929 Sec. 10A. PARTICIPATION IN PUBLIC HEARING BY MEMBER ABSENT
3030 WITHOUT SUFFICIENT EXCUSE UNDER A CALL OF THE HOUSE. If a member
3131 was absent from the sessions of the house without sufficient excuse
3232 during a call of the house and did not voluntarily appear in the
3333 hall of the house under Rule 5, Section 8, the member may not
3434 participate in a public hearing, either in person or under Section
3535 16A, during that regular or special session until the expiration of
3636 the 48-hour period that begins at the time the member enters the
3737 hall of the house while the house is in session and reports the
3838 member's name to the journal clerk to be entered in the journal as
3939 present.
4040 SECTION 3. Rule 5, Section 3, is amended to read as follows:
4141 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
4242 from the sessions of the house without leave, and no member shall be
4343 excused on his or her own motion.
4444 (b) A leave of absence may be granted by a majority vote of
4545 the house and may be revoked at any time by a similar vote.
4646 (c) Any member granted a leave of absence due to a meeting of
4747 a committee or conference committee that has authority to meet
4848 while the house is in session shall be so designated on each roll
4949 call or registration for which that member is excused.
5050 (d) Unless the house excuses the payment of the fine by a
5151 majority vote, each member who is absent without leave during a call
5252 of the house is liable to the house for a fine in the amount of $500
5353 for each calendar day of absence, exclusive of the day on which the
5454 call was ordered and the day of the member's return to the hall of
5555 the house.
5656 (e) The Committee on House Administration shall notify a
5757 member of the total amount of fines for which payment is not
5858 excused. A member must pay the amount stated in the committee's
5959 notice by making payment of that amount to the House Business Office
6060 not later than the third business day of the first calendar month
6161 after the date of the committee's notice. If a member does not make
6262 full payment as required by this subsection, the committee shall
6363 direct the House Business Office to reduce the amount of the monthly
6464 credit to the member's operating account established under the
6565 housekeeping resolution by 30 percent in each month that any amount
6666 of a fine remains due and owing. When a member has made full payment
6767 as required by this subsection, the committee shall direct the
6868 House Business Office to restore the impounded funds to the
6969 member's operating account subject to any limitations on the
7070 carrying forward of unexpended funds established by the
7171 housekeeping resolution.
7272 SECTION 4. Rule 5, Section 8, is amended to read as follows:
7373 Sec. 8. SECURING A QUORUM. (a) When a call of the house is
7474 moved for one of the above purposes and seconded by 15 members (of
7575 whom the speaker may be one) and ordered by a majority vote, the
7676 main entrance to the hall and all other doors leading out of the
7777 hall shall be locked and no member permitted to leave the house
7878 without the written permission of the speaker. The names of members
7979 present shall be recorded. All absentees for whom no sufficient
8080 excuse is made may, by order of a majority of those present, be sent
8181 for and arrested, wherever they may be found, by the
8282 sergeant-at-arms or an officer appointed by the sergeant-at-arms
8383 for that purpose, and their attendance shall be secured and
8484 retained. The house shall determine on what conditions they shall
8585 be discharged. Members who voluntarily appear shall, unless the
8686 house otherwise directs, be immediately admitted to the hall of the
8787 house and shall report their names to the clerk to be entered in the
8888 journal as present.
8989 (b) Until a quorum appears, should the roll call fail to
9090 show one present, no business shall be transacted, except to compel
9191 the attendance of absent members or to adjourn. It shall not be in
9292 order to recess under a call of the house. For purposes of this
9393 subsection, the following are not considered to be business:
9494 (1) receipt of messages from the governor and senate
9595 under Rule 13, Sections 1 and 2;
9696 (2) the signing of measures by the speaker in the
9797 presence of the house under Rule 1, Section 13; and
9898 (3) the referral of proposed legislation to committee
9999 by the speaker under Rule 1, Section 4.
100100 (c) In discharging a member under Subsection (a), the house
101101 may:
102102 (1) refuse to excuse payment of the fine imposed under
103103 Section 3(d);
104104 (2) reprimand the member;
105105 (3) censure the member;
106106 (4) revoke the speaker's designation of the member as
107107 chair of a standing, select, or interim committee; or
108108 (5) stay the imposition of any penalty.
109109 (d) The house may not impose a penalty under Subsection
110110 (c)(4) unless the member has been absent without leave for the
111111 purpose of impeding the action of the house for more than two
112112 calendar days, exclusive of the day the call was ordered and the day
113113 of the member's return to the hall of the house.
114114 (e) Before action is taken by the house under Subsection
115115 (c)(4), the matter shall be referred to the Committee on House
116116 Administration for investigation and report. A report issued under
117117 this subsection shall not be considered by the house until a printed
118118 copy of the report has been provided to each member of the house at
119119 least 24 hours before consideration.
120120 (f) When filling a vacancy in the position of chair of a
121121 committee that results from a penalty imposed under Subsection
122122 (c)(4), the speaker must designate the new chair from the existing
123123 membership of the committee.