Texas 2023 - 88th Regular

Texas House Bill HR4 Compare Versions

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11 H.R. No. 4
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33
44 R E S O L U T I O N
55 BE IT RESOLVED by the House of Representatives of the State of
66 Texas, That the following are adopted as the permanent rules of the
77 House of Representatives of the 88th [87th] Legislature:
88 RULES OF
99 THE HOUSE OF REPRESENTATIVES
1010 OF THE TEXAS LEGISLATURE
1111 TABLE OF CONTENTS
1212 RULE
1313 1. DUTIES AND RIGHTS OF THE SPEAKER 2
1414 2. OFFICERS AND EMPLOYEES 11
1515 3. STANDING COMMITTEES 24
1616 4. ORGANIZATION, POWERS, AND DUTIES OF
1717 COMMITTEES 53
1818 5. FLOOR PROCEDURE 89
1919 6. ORDER OF BUSINESS AND CALENDARS 113
2020 7. MOTIONS 133
2121 8. BILLS 149
2222 9. JOINT RESOLUTIONS 165
2323 10. HOUSE RESOLUTIONS AND CONCURRENT
2424 RESOLUTIONS 167
2525 11. AMENDMENTS 170
2626 12. PRINTING 179
2727 13. INTERACTIONS WITH THE GOVERNOR
2828 AND SENATE 183
2929 14. GENERAL PROVISIONS 196
3030 15. APPROPRIATE WORKPLACE CONDUCT 198
3131 16. SPECIAL RULE200
3232 STATEMENT OF AUTHORIZATION AND PRECEDENCE
3333 Pursuant to and under the authority of Section 11, Article
3434 III, Texas Constitution, and notwithstanding any provision of
3535 statute, the House of Representatives adopts the following rules to
3636 govern its operations and procedures. The provisions of these
3737 rules shall be deemed the only requirements binding on the House of
3838 Representatives under Section 11, Article III, Texas Constitution,
3939 notwithstanding any other requirements expressed in statute.
4040 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
4141 CHAPTER A. DUTIES AS PRESIDING OFFICER
4242 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
4343 enforce, apply, and interpret the rules of the house in all
4444 deliberations of the house and shall enforce the legislative rules
4545 prescribed by the statutes and the Constitution of Texas.
4646 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
4747 each calendar day precisely at the hour to which the house adjourned
4848 or recessed at its last sitting and shall immediately call the
4949 members to order.
5050 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
5151 shall lay before the house its business in the order indicated by
5252 the rules and shall receive propositions made by members and put
5353 them to the house.
5454 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
5555 proposed legislation shall be referred by the speaker to an
5656 appropriate standing or select committee with jurisdiction,
5757 subject to correction by a majority vote of the house. A bill or
5858 resolution may not be referred simultaneously to more than one
5959 committee.
6060 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
6161 shall preserve order and decorum. In case of disturbance or
6262 disorderly conduct in the galleries or in the lobby, the speaker may
6363 order that these areas be cleared. No signs, placards, or other
6464 objects of similar nature shall be permitted in the rooms, lobby,
6565 gallery, and hall of the house. The speaker shall see that the
6666 members of the house conduct themselves in a civil manner in
6767 accordance with accepted standards of parliamentary conduct and
6868 may, when necessary, order the sergeant-at-arms to clear the aisles
6969 and seat the members of the house so that business may be conducted
7070 in an orderly manner.
7171 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
7272 request of a member, the speaker may recognize persons in the
7373 gallery. The speaker shall afford that recognition at a convenient
7474 place in the order of business, considering the need for order and
7575 decorum and the need for continuity of debate. The request must be
7676 made on a form prescribed by the Committee on House Administration.
7777 The speaker may recognize, at a time he or she considers appropriate
7878 during floor proceedings, the person serving as physician of the
7979 day.
8080 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
8181 rise to put a question but may state it sitting. The question shall
8282 be put substantially in this form: "The question occurs on
8383 ______" (here state the question or proposition under
8484 consideration). "All in favor say 'Aye,'" and after the affirmative
8585 vote is expressed, "All opposed say 'No.'" If the speaker is in
8686 doubt as to the result, or if a division is called for, the house
8787 shall divide: those voting in the affirmative on the question
8888 shall register "Aye" on the voting machine, and those voting in the
8989 negative on the question shall register "No." The decision of the
9090 house on the question shall be printed in the journal and shall
9191 include the yeas and nays if a record of the yeas and nays is ordered
9292 in accordance with the rules.
9393 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
9494 speaker shall have the same right as other members to vote. If the
9595 speaker, or a member temporarily presiding, has not voted, he or she
9696 may cast the deciding vote at the time such opportunity becomes
9797 official, whether to make or break a tie. If a verification of the
9898 vote is called for and granted, the decision of the speaker, or a
9999 member temporarily presiding, to cast the deciding vote need not be
100100 made until the verification has been completed. In case of error in
101101 a vote, if the correction leaves decisive effect to the vote of the
102102 speaker, or a member temporarily presiding, the deciding vote may
103103 be cast even though the result has been announced.
104104 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
105105 on all questions of order; however, such decisions are subject to an
106106 appeal to the house made by any 10 members. Pending an appeal, the
107107 speaker shall call a member to the chair, who shall not have the
108108 authority to entertain or decide any other matter or proposition
109109 until the appeal has first been determined by the house. The
110110 question on appeal is, "Shall the chair be sustained?"
111111 (b) No member shall speak more than once on an appeal unless
112112 given leave by a majority of the house. No motion shall be in order,
113113 pending an appeal, except a motion to adjourn, a motion to lay on
114114 the table, a motion for the previous question, or a motion for a
115115 call of the house. Responses to parliamentary inquiries and
116116 decisions of recognition made by the chair may not be appealed,
117117 except as provided by Rule 5, Section 24.
118118 (c) Further consideration of the matter or proposition that
119119 is the subject of a question of order is prohibited until the
120120 speaker decides the question of order and any appeal of that
121121 decision has been determined by the house. Consideration of any
122122 other matter or proposition is also prohibited while a question of
123123 order is pending, unless the question of order is temporarily
124124 withdrawn and the matter or proposition that is the subject of the
125125 question of order is postponed. Withdrawal of the question of order
126126 does not prevent any member from raising that question of order when
127127 the matter or proposition is again before the house.
128128 (d) A point of order raised as to a violation of a section of
129129 the rules governing committee reports, committee minutes, or
130130 accompanying documentation may be overruled if the purpose of that
131131 section of the rules has been substantially fulfilled and the
132132 violation does not deceive or mislead.
133133 (e) When a question of order is pending before the house,
134134 only the member who raised the question of order, and one other
135135 member designated by that member, and the primary proponent of the
136136 matter or proposition to which the question of order applies, and
137137 one other member designated by the proponent, may present arguments
138138 to the speaker or parliamentarian regarding the question of order.
139139 This subsection does not limit any remarks that a member may make
140140 before the full house if the member is recognized for that purpose.
141141 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
142142 CHAIR. The speaker shall have the right to name any member to
143143 perform the duties of the chair related to presiding over the
144144 deliberations of the house and may name a member to serve as speaker
145145 pro tempore by delivering a written order to the chief clerk and a
146146 copy to the journal clerk. A permanent speaker pro tempore shall,
147147 in the absence or inability of the speaker, call the house to order
148148 and perform all other duties of the chair in presiding over the
149149 deliberations of the house and perform other duties and exercise
150150 other responsibilities related to presiding over the deliberations
151151 of the house as may be assigned in writing by the speaker. If the
152152 house is not in session, and a permanent speaker pro tempore has not
153153 been named, or if the speaker pro tempore is not available or for
154154 any reason is not able to function, the speaker may deliver a
155155 written order to the chief clerk, with a copy to the journal clerk,
156156 naming the member who shall call the house to order and preside
157157 during the speaker's absence. The speaker pro tempore shall serve
158158 at the pleasure of the speaker. In the event of a vacancy in the
159159 office of speaker, the speaker pro tempore does not assume the
160160 office of speaker. The authority of the speaker pro tempore to
161161 perform the duties and exercise the responsibilities of the speaker
162162 is limited as provided by this section.
163163 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
164164 emergency of such compelling nature that the speaker must adjourn
165165 the house without fixing a date and hour of reconvening, the speaker
166166 shall have authority to determine the date and hour of reconvening
167167 and to notify the members of the house by any means the speaker
168168 considers adequate. Should the speaker be disabled or otherwise
169169 unable to exercise these emergency powers, the permanent speaker
170170 pro tempore, if one has been named, shall have authority to act. If
171171 there is no permanent speaker pro tempore, or if that officer is
172172 unable to act, authority shall be exercised by the chair of the
173173 Committee on State Affairs, who shall preside until the house can
174174 proceed to the selection of a temporary presiding officer to
175175 function until the speaker or the speaker pro tempore is again able
176176 to exercise the duties and responsibilities of the office.
177177 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
178178 not in session, if the speaker determines that it would be a hazard
179179 to the safety of the members, officers, employees, and others
180180 attending the legislature to reconvene at the time determined by
181181 the house at its last sitting, the speaker may clear the area of the
182182 capitol under the control of the house and postpone the reconvening
183183 of the house for a period of not more than 12 hours. On making that
184184 determination, the speaker shall order the sergeant-at-arms to post
185185 an assistant at each first floor entrance to the capitol and other
186186 places and advise all persons entering of the determination and the
187187 time set for the house to reconvene. The speaker shall also notify
188188 the journal clerk and the news media of the action, and the action
189189 shall be entered in the house journal.
190190 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
191191 resolutions, and concurrent resolutions shall be signed by the
192192 speaker in the presence of the house, as required by the
193193 constitution; and all writs, warrants, and subpoenas issued by
194194 order of the house shall be signed by the speaker and attested by
195195 the chief clerk, or the person acting as chief clerk.
196196 CHAPTER B. ADMINISTRATIVE DUTIES
197197 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
198198 have general control, except as otherwise provided by law, of the
199199 hall of the house, its lobbies, galleries, corridors, and passages,
200200 and other rooms in those parts of the capitol assigned to the use of
201201 the house; except that the hall of the house shall not be used for
202202 any meeting other than legislative meetings during any regular or
203203 special session of the legislature unless specifically authorized
204204 by resolution.
205205 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
206206 speaker shall designate the chair and vice-chair of each standing
207207 substantive committee and shall also appoint membership of the
208208 committee, subject to the provisions of Rule 4, Section 2.
209209 (b) If members of equal seniority request the same
210210 committee, the speaker shall decide which among them shall be
211211 assigned to that committee.
212212 (c) In announcing the membership of the standing
213213 substantive committees, the speaker shall designate which are
214214 appointees and which acquire membership by seniority.
215215 (d) The speaker shall appoint the chair and vice-chair of
216216 each standing procedural committee and the remaining membership of
217217 the committee.
218218 (e) If a new speaker is elected to fill a vacancy in the
219219 office after the appointment of standing committees, the new
220220 speaker may not alter the composition of any standing committee
221221 before the end of the session, except that the new speaker may:
222222 (1) vacate the new speaker's membership on any
223223 committee;
224224 (2) make committee appointments for the member who was
225225 removed as speaker;
226226 (3) designate a different member of a standing
227227 committee as committee chair; and
228228 (4) fill vacancies that occur on a committee.
229229 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
230230 COMMITTEES. (a) The speaker shall appoint all conference
231231 committees. The speaker shall name the chair of each conference
232232 committee, and may also name the vice-chair thereof.
233233 (b) The speaker may at any time by proclamation create a
234234 select committee. The speaker shall name the chair and vice-chair
235235 thereof. A select committee has the jurisdiction, authority, and
236236 duties and exists for the period of time specified in the
237237 proclamation. A select committee has the powers granted by these
238238 rules to a standing committee except as limited by the
239239 proclamation. A copy of each proclamation creating a select
240240 committee shall be filed with the chief clerk.
241241 Sec. 17. INTERIM STUDIES. When the legislature is not in
242242 session, the speaker shall have the authority to direct committees
243243 to make interim studies for such purposes as the speaker may
244244 designate, and the committees shall meet as often as necessary to
245245 transact effectively the business assigned to them. The speaker
246246 shall provide to the chief clerk a copy of interim charges made to a
247247 standing or select committee.
248248 CHAPTER C. CAMPAIGNS FOR SPEAKER
249249 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
250250 SESSION. During a regular session of the legislature a member may
251251 not solicit written pledges from other members for their support of
252252 or promise to vote for any person for the office of speaker.
253253 RULE 2. OFFICERS AND EMPLOYEES
254254 CHAPTER A. DUTIES OF OFFICERS OF THE HOUSE
255255 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
256256 (1) be the custodian of all bills, resolutions, and
257257 amendments;
258258 (2) number in the order of their filing, with a
259259 separate sequence for each category, all bills, joint resolutions,
260260 concurrent resolutions, and house resolutions;
261261 (3) provide for the keeping of a complete record of
262262 introduction and action on all bills and resolutions, including the
263263 number, author, brief description of the subject matter, committee
264264 reference, and the time sequence of action taken on all bills and
265265 resolutions to reflect at all times their status in the legislative
266266 process;
267267 (4) on the day of numbering a bill relating to a
268268 conservation and reclamation district created under Article XVI,
269269 Section 59, of the Texas Constitution, send two copies of the bill,
270270 with two copies of the notice of intention to introduce the bill, to
271271 the governor and notify the journal clerk of the action;
272272 (5) receive the recommendations of the Texas
273273 Commission on Environmental Quality on a bill forwarded to the
274274 commission under Article XVI, Section 59, of the Texas
275275 Constitution, attach them to the bill to which they apply, and
276276 notify the journal clerk that the recommendations have been filed;
277277 (6) forward to a committee chair in an electronic or
278278 other format determined by the chief clerk a certified copy of each
279279 legislative document referred to the committee, including all
280280 official attachments to the document;
281281 (7) have printed and distributed correct copies of all
282282 legislative documents, as provided in the subchapter on printing,
283283 and keep an exact record of the date and hour of transmittal to the
284284 printer, return from the printer, and distribution of the document
285285 to members of the house with that information time-stamped on the
286286 originals of the document;
287287 (8) certify the passage of bills and resolutions,
288288 noting on them the date of passage and the vote by which passed,
289289 including the yeas and nays if a record of the yeas and nays is
290290 ordered;
291291 (9) be responsible for engrossing all house bills and
292292 resolutions that have passed second reading and those that have
293293 passed third reading, and for enrolling all house bills and
294294 resolutions that have passed both houses.
295295 All engrossed and enrolled documents shall be prepared
296296 without erasures, interlineations, or additions in the margin.
297297 House concurrent resolutions passed without amendment
298298 shall not be engrossed but shall be certified and forwarded
299299 directly to the senate.
300300 Engrossed riders may be used in lieu of full engrossment
301301 on second reading passage;
302302 (10) be authorized to amend the caption to conform to
303303 the body of each house bill and joint resolution ordered engrossed
304304 or enrolled;
305305 (11) be responsible for noting on each house bill or
306306 joint resolution, for certification by the speaker of the house,
307307 the lieutenant governor, the chief clerk of the house, and the
308308 secretary of the senate, the following information:
309309 (A) date of final passage, and the vote on final
310310 passage, including the yeas and nays if a record of the yeas and
311311 nays is ordered. If the bill was amended in the senate, this fact
312312 shall also be noted;
313313 (B) date of concurrence by the house in senate
314314 amendments, and the vote on concurrence, including the yeas and
315315 nays if a record of the yeas and nays is ordered;
316316 (C) date of adoption by each house of a
317317 conference committee report and the vote on adoption, including the
318318 yeas and nays if a record of the yeas and nays is ordered;
319319 (D) that a bill containing an appropriation was
320320 passed subject to the provisions of Article III, Section 49a, of the
321321 Texas Constitution; and
322322 (E) that a concurrent resolution was adopted by
323323 both houses directing the correction of an enrolled bill, if
324324 applicable;
325325 (12) transmit over signature all messages from the
326326 house to the senate, including typewritten copies of amendments to
327327 senate bills;
328328 (13) prepare copies of senate amendments to house
329329 bills for the journal before the amendments and the bill or
330330 resolution to which they relate are sent to the printer or to the
331331 speaker;
332332 (14) notify the speaker in writing that the senate did
333333 not concur in house amendments to a bill or resolution and requests
334334 a conference committee, and include in this notice the names of the
335335 senate conferees;
336336 (15) provide a certified copy of a house bill or
337337 resolution which may be lost showing each parliamentary step taken
338338 on the bill; and
339339 (16) request fiscal notes on house bills and joint
340340 resolutions with senate amendments and distribute fiscal notes on
341341 house bills and joint resolutions with senate amendments and
342342 conference committee reports as required by Rule 13, Sections 5 and
343343 10.
344344 (b) The chief clerk shall also:
345345 (1) attest all writs, warrants and subpoenas issued by
346346 order of the house;
347347 (2) receive reports of select committees and forward
348348 copies to the speaker and journal clerk;
349349 (3) not later than 30 days after the close of each
350350 session, acquire from each of the various clerks of the house,
351351 except the journal clerk, all reports, records, bills, papers, and
352352 other documents remaining in their possession and file them with
353353 the Legislative Reference Library, unless otherwise provided by
354354 law;
355355 (4) receive and file all other documents required by
356356 law or by the rules of the house;
357357 (5) prepare a roster of members in order of seniority
358358 showing the number of years of service of each member, as provided
359359 in Rule 4, Section 2; and
360360 (6) have posted the list of Items Eligible for
361361 Consideration as required by the rules.
362362 (c) The chief clerk shall also provide for the following to
363363 be made available on the electronic legislative information system:
364364 (1) all house calendars and lists of items eligible
365365 for consideration and the time-stamp information for those
366366 calendars and lists; and
367367 (2) the time-stamp information for all official
368368 printings of bills and resolutions.
369369 (d) The chief clerk shall provide notice to a Capitol e-mail
370370 address designated by each member when a new house calendar or list
371371 of items eligible for consideration is posted on the electronic
372372 legislative information system. If a member informs the chief
373373 clerk that the member also desires to receive a paper copy of house
374374 calendars or lists of items eligible for consideration, the chief
375375 clerk shall place paper copies of those documents designated by the
376376 member in the newspaper box of the member as soon as practicable
377377 after the electronic copies are posted.
378378 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
379379 (1) keep a journal of the proceedings of the house,
380380 except when the house is acting as a committee of the whole, and
381381 enter the following:
382382 (A) the number, author, and caption of every bill
383383 introduced;
384384 (B) descriptions of all congratulatory and
385385 memorial resolutions on committee report, motions, amendments,
386386 questions of order and decisions on them, messages from the
387387 governor, and messages from the senate;
388388 (C) the summaries of congratulatory and memorial
389389 resolutions, as printed on the congratulatory and memorial
390390 calendar;
391391 (D) the number of each bill, joint resolution,
392392 and concurrent resolution signed in the presence of the house;
393393 (E) a listing of reports made by standing
394394 committees;
395395 (F) reports of select committees, when ordered by
396396 the house;
397397 (G) every vote where a record of the yeas and nays
398398 is ordered or registration of the house with a concise statement of
399399 the action and the result;
400400 (H) the names of all absentees, both excused and
401401 not excused;
402402 (I) senate amendments to house bills or
403403 resolutions, when concurred in by the house;
404404 (J) the date each bill is transmitted to the
405405 governor;
406406 (K) the date recommendations of the Texas
407407 Commission on Environmental Quality on each bill subject to Article
408408 XVI, Section 59, of the Texas Constitution, are filed with the chief
409409 clerk;
410410 (L) all pairs as a part of a vote where a record
411411 of the yeas and nays is ordered;
412412 (M) reasons for a vote;
413413 (N) the vote of a member on any question where a
414414 record of the yeas and nays has not been ordered;
415415 (O) the statement of a member who was absent when
416416 a vote was taken indicating how the member would have voted;
417417 (P) official state documents, reports, and other
418418 matters, when ordered by the house; and
419419 (Q) the written copy of the speaker's ruling on a
420420 point of order, which includes the citation of the authorities
421421 relied upon in the grounds for decision, as provided in Section
422422 9(b-1) of this rule;
423423 (2) prepare a daily journal for each calendar day that
424424 the house is in session and distribute on the succeeding calendar
425425 day or the earliest possible date copies to the members of the house
426426 who have submitted requests to the journal clerk to receive a copy;
427427 and
428428 (3) prepare and have printed a permanent house journal
429429 of regular and special sessions in accordance with the law and the
430430 following provisions:
431431 (A) When completed, no more than 300 copies shall
432432 be bound and distributed as follows:
433433 (i) one copy to each member of the house of
434434 representatives who submitted a request to the journal clerk to
435435 receive a copy;
436436 (ii) one copy to each member of the senate
437437 who submitted a request to the journal clerk to receive a copy; and
438438 (iii) the remainder of the copies to be
439439 distributed by the Committee on House Administration.
440440 (B) The journal clerk shall not receive or
441441 receipt for the permanent house journal until it has been correctly
442442 published.
443443 (b) The journal clerk shall lock the voting machine of each
444444 member who is excused or who is otherwise known to be absent when
445445 the house is in session until the member personally requests that
446446 the machine be unlocked.
447447 (c) The journal clerk shall determine and enter in the
448448 journal the clock of record for the house and that clock may not be
449449 delayed, set back, or otherwise tampered with to deviate from the
450450 standard time, as provided by statute, for the place where the house
451451 is meeting. The journal clerk shall enter in the journal the time
452452 according to the clock of record when the house convenes, recesses,
453453 and adjourns. A motion to suspend this rule must be decided by a
454454 record vote.
455455 Sec. 3. READING CLERKS. The reading clerks, under the
456456 supervision of the speaker, shall:
457457 (1) call the roll of the house in alphabetical order
458458 when ordered to do so by the speaker; and
459459 (2) read all bills, resolutions, motions, and other
460460 matters required by the rules or directed by the speaker.
461461 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
462462 (1) under the direction of the speaker, have charge of
463463 and maintain order in the hall of the house, its lobbies and
464464 galleries, and all other rooms in the capitol assigned for the use
465465 of the house of representatives;
466466 (2) attend the house and the committee of the whole
467467 during all meetings and maintain order under the direction of the
468468 speaker or other presiding officer;
469469 (3) execute the commands of the house and serve the
470470 writs and processes issued by the authority of the house and
471471 directed by the speaker;
472472 (4) supervise assistants to the sergeant-at-arms who
473473 shall aid in the performance of prescribed duties and have the same
474474 authority, subject to the control of the speaker;
475475 (5) clear the floor of the house of all persons not
476476 entitled to the privileges of the floor at least 30 minutes prior to
477477 the convening of each session of the house;
478478 (6) bring in absent members when so directed under a
479479 call of the house;
480480 (7) not allow the distribution of any printed matter
481481 in the hall of the house, other than newspapers that have been
482482 published at least once a week for a period of one year, unless it
483483 first has been authorized in writing by at least one member of the
484484 house and the name of the member appears on the printed matter. The
485485 sergeant-at-arms shall refuse to accept for distribution any
486486 printed matter which does not bear the name of the member or members
487487 authorizing the distribution;
488488 (8) keep a copy of written authorization and a record
489489 of the matter distributed in the permanent files of the house;
490490 (9) enforce parking regulations applicable to areas of
491491 the capitol complex under the control of the house and supervise
492492 parking attendants;
493493 (10) provide for issuance of an identification card to
494494 each member and employee of the house; and
495495 (11) supervise the doorkeeper.
496496 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
497497 of the sergeant-at-arms, shall:
498498 (1) enforce strictly the rules of the house relating
499499 to privileges of the floor and perform other duties as directed by
500500 the speaker;
501501 (2) close the main entrance and permit no member to
502502 leave the house without written permission from the speaker when a
503503 call of the house or a call of the committee of the whole is ordered,
504504 take up permission cards as members leave the hall, and take up
505505 permission cards of those who are admitted to the floor of the house
506506 under the rules and practice of the house;
507507 (3) obtain recognition from the speaker and announce a
508508 messenger from the governor or the senate on arrival at the bar of
509509 the house; and
510510 (4) obtain recognition from the speaker and announce
511511 the arrival of the governor or the senate on arrival at the bar of
512512 the house for official proceedings in the house.
513513 Sec. 6. CHAPLAIN. The chaplain shall open the first
514514 session on each calendar day with a prayer and shall perform such
515515 other duties as directed by the Committee on House Administration.
516516 Sec. 7. VOTING CLERK. The voting clerk, under the
517517 supervision of the speaker, shall:
518518 (1) open and close the voting machine on registrations
519519 and record votes as ordered by the speaker;
520520 (2) record votes from the floor as directed by the
521521 speaker;
522522 (3) prepare official copies of all record votes for
523523 the journal; and
524524 (4) make no additions, subtractions, or other changes
525525 in any registration or record vote unless specifically granted
526526 permission by the house or directed by the speaker prior to the
527527 announcement of the final result.
528528 Sec. 8. COMMITTEE COORDINATOR. (a) The committee
529529 coordinator shall:
530530 (1) under the direction of the Committee on House
531531 Administration, prepare a schedule for regular meetings of all
532532 standing committees as provided by Rule 4, Section 8(a);
533533 (2) post committee meeting notices, as directed by the
534534 chair of a committee, in accordance with Rule 4, Section 11(a);
535535 (3) maintain duplicate originals of committee minutes
536536 as required by Rule 4, Sections 18(c) and (d);
537537 (4) direct the maintenance of sworn statements either
538538 in electronic or paper format and, under the direction of the
539539 Committee on House Administration, prescribe the form of those
540540 statements, as required by Rule 4, Sections 20(a) and (c);
541541 (5) receive and forward impact statements as required
542542 by Rule 4, Section 34(e);
543543 (6) receive committee reports as required by Rule 4,
544544 Section 37, and refer them for printing as provided by Rule 6,
545545 Section 19; and
546546 (7) receive and distribute the recommendations and
547547 final reports of interim study committees as provided by Rule 4,
548548 Section 61.
549549 (b) The committee coordinator may exclude from the
550550 committee coordinator's office or refuse to interact with a member
551551 or a member's staff if the member or member's staff engages in
552552 abusive, harassing, or threatening behavior.
553553 Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not
554554 more than two individuals to serve as parliamentarians. The
555555 parliamentarians are officers of the house who serve at the
556556 pleasure of the speaker. The parliamentarians shall advise and
557557 assist the presiding officer and the members of the house on matters
558558 of procedure. The parliamentarians have a duty of confidentiality
559559 to the speaker and to each member of the house and shall keep
560560 confidential all requests made by members of the house for advice or
561561 guidance regarding procedure unless the parties otherwise agree.
562562 (b) After the initial appointment of the parliamentarians
563563 by the speaker, the appointment of a new parliamentarian to fill a
564564 vacancy must be approved by a majority of the membership of the
565565 house if the appointment is made during a regular or special
566566 session. If the appointment to fill the vacancy is made when the
567567 house is not in session, the appointment must be approved by a
568568 majority of the membership not later than the third day of the first
569569 special session that occurs after the date the appointment is made.
570570 If no special session occurs after the appointment, approval by the
571571 membership is not required.
572572 (b-1) The speaker shall instruct the parliamentarians to
573573 provide to each member a written copy of the speaker's ruling on a
574574 point of order, including the citation of the authorities relied
575575 upon in the grounds for decision. The written ruling shall be
576576 provided to each member through the electronic legislative
577577 information system not later than 24 hours after the ruling is
578578 announced in the house.
579579 (c) In the event of a conflict between this section and the
580580 housekeeping resolution, this section controls.
581581 CHAPTER B. OTHER EMPLOYEES
582582 Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
583583 (a) Communications between an attorney employed by the Texas
584584 Legislative Council and the speaker, another member of the house,
585585 or an employee of a member or committee of the house are
586586 confidential in accordance with the rules and laws concerning
587587 attorney-client privilege.
588588 (b) Communications between any employee of the Texas
589589 Legislative Council and the speaker, another member of the house,
590590 or an employee of a member or committee of the house are
591591 confidential. The General Investigating Committee of the House may
592592 investigate an alleged violation of this subsection.
593593 (c) This section does not prohibit the speaker, member, or
594594 committee from waiving a privilege as otherwise permitted by law or
595595 from waiving confidentiality under this section.
596596 RULE 3. STANDING COMMITTEES
597597 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
598598 have nine members, with jurisdiction over all matters pertaining
599599 to:
600600 (1) agriculture, horticulture, and farm husbandry;
601601 (2) livestock and stock raising, and the livestock
602602 industry;
603603 (3) the development and preservation of forests, and
604604 the regulation, control, and promotion of the lumber industry;
605605 (4) problems and issues particularly affecting rural
606606 areas of the state, including issues related to rural economic
607607 development and the provision of and access to infrastructure,
608608 education, and health services; and
609609 (5) the following state agencies: the Department of
610610 Agriculture, the Texas Animal Health Commission, the State Soil and
611611 Water Conservation Board, the Texas A&M Forest Service, the Texas
612612 administrator for the South Central Interstate Forest Fire
613613 Protection Compact, the Texas Apiary Inspection Service, Texas A&M
614614 AgriLife Research, the Texas A&M AgriLife Extension Service, [the
615615 Food and Fibers Research Council,] the State Seed and Plant Board,
616616 the State Board of Veterinary Medical Examiners, the Texas A&M
617617 Veterinary Medical Diagnostic Laboratory, the Produce Recovery
618618 Fund Board, the board of directors of the Texas Boll Weevil
619619 Eradication Foundation, Inc., and the Texas Wildlife Services.
620620 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
621621 members, with jurisdiction over:
622622 (1) all bills and resolutions appropriating money from
623623 the state treasury;
624624 (2) all bills and resolutions containing provisions
625625 resulting in automatic allocation of funds from the state treasury;
626626 (3) all bills and resolutions diverting funds from the
627627 state treasury or preventing funds from going in that otherwise
628628 would be placed in the state treasury; and
629629 (4) all matters pertaining to claims and accounts
630630 filed with the legislature against the state unless jurisdiction
631631 over those bills and resolutions is specifically granted by these
632632 rules to some other standing committee.
633633 (b) The appropriations committee may comment upon any bill
634634 or resolution containing a provision resulting in an automatic
635635 allocation of funds.
636636 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
637637 nine members, with jurisdiction over all matters pertaining to:
638638 (1) industry and manufacturing;
639639 (2) industrial safety and adequate and safe working
640640 conditions, and the regulation and control of those conditions;
641641 (3) hours, wages, collective bargaining, and the
642642 relationship between employers and employees;
643643 (4) unemployment compensation, including coverage,
644644 benefits, taxes, and eligibility;
645645 (5) labor unions and their organization, control,
646646 management, and administration;
647647 (6) the regulation of business transactions and
648648 transactions involving property interests;
649649 (7) the organization, incorporation, management, and
650650 regulation of private corporations and professional associations
651651 and the Uniform Commercial Code and the Business Organizations
652652 Code;
653653 (8) the protection of consumers, governmental
654654 regulations incident thereto, the agencies of government
655655 authorized to regulate such activities, and the role of the
656656 government in consumer protection;
657657 (9) privacy and identity theft;
658658 (10) homeowners' associations;
659659 (11) oversight and regulation of the construction
660660 industry; and
661661 (12) the following state agencies: the State Office of
662662 Risk Management, the Risk Management Board, the Division of
663663 Workers' Compensation of the Texas Department of Insurance, the
664664 workers' [Workers'] compensation research and evaluation group in
665665 the Texas Department of Insurance, the Office of Injured Employee
666666 Counsel, including the ombudsman program of that office, and the
667667 Texas Mutual Insurance Company Board of Directors.
668668 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
669669 11 members, with jurisdiction over:
670670 (1) the placement of bills and resolutions on
671671 appropriate calendars, except those within the jurisdiction of the
672672 Committee on Resolutions Calendars;
673673 (2) the determination of priorities and proposal of
674674 rules for floor consideration of such bills and resolutions; and
675675 (3) all other matters concerning the calendar system
676676 and the expediting of the business of the house as may be assigned
677677 by the speaker.
678678 Sec. 5. CORRECTIONS. The committee shall have nine
679679 members, with jurisdiction over all matters pertaining to:
680680 (1) the incarceration and rehabilitation of convicted
681681 felons;
682682 (2) the establishment and maintenance of programs that
683683 provide alternatives to incarceration; and
684684 (3) the following state agencies: the Texas
685685 Department of Criminal Justice, the Special Prosecution Unit, the
686686 Board of Pardons and Paroles, the Texas Civil Commitment Office,
687687 and the Texas Correctional Office on Offenders with Medical or
688688 Mental Impairments.
689689 Sec. 6. COUNTY AFFAIRS. The committee shall have nine
690690 members, with jurisdiction over all matters pertaining to:
691691 (1) counties, including their organization, creation,
692692 boundaries, government, and finance and the compensation and duties
693693 of their officers and employees;
694694 (2) establishing districts for the election of
695695 governing bodies of counties;
696696 (3) regional councils of governments;
697697 (4) multicounty boards or commissions;
698698 (5) relationships or contracts between counties;
699699 (6) other units of local government; and
700700 (7) the following state agency: the Commission on
701701 Jail Standards.
702702 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
703703 nine members, with jurisdiction over all matters pertaining to:
704704 (1) criminal law, prohibitions, standards, and
705705 penalties;
706706 (2) probation and parole;
707707 (3) criminal procedure in the courts of Texas;
708708 (4) revision or amendment of the Penal Code; and
709709 (5) the following state agencies: the Office of State
710710 Prosecuting Attorney and the Texas State Council for Interstate
711711 Adult Offender Supervision.
712712 Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
713713 shall have nine members, with jurisdiction over:
714714 (1) the creation, operation, and control of state
715715 parks, including the development, maintenance, and operation of
716716 state parks in connection with the sales and use tax imposed on
717717 sporting goods, but not including any matter within the
718718 jurisdiction of the Committee on Appropriations;
719719 (2) the regulation and control of the propagation and
720720 preservation of wildlife and fish in the state;
721721 (3) the development and regulation of the fish and
722722 oyster industries of the state;
723723 (4) hunting and fishing in the state, and the
724724 regulation and control thereof, including the imposition of fees,
725725 fines, and penalties relating to that regulation;
726726 (5) the regulation of other recreational activities;
727727 (6) cultural resources and their promotion,
728728 development, and regulation;
729729 (7) historical resources and their promotion,
730730 development, and regulation;
731731 (8) promotion and development of Texas' image and
732732 heritage;
733733 (9) preservation and protection of Texas' shrines,
734734 monuments, and memorials;
735735 (10) international and interstate tourist promotion
736736 and development;
737737 (11) the Texas Economic Development and Tourism Office
738738 as it relates to the subject-matter jurisdiction of this committee;
739739 (12) the Gulf States Marine Fisheries Compact; and
740740 (13) the following state agencies: the Parks and
741741 Wildlife Department, the Texas Commission on the Arts, the State
742742 Cemetery Committee, the Texas State Library and Archives
743743 Commission, the Texas Historical Commission, the State
744744 Preservation Board, and an office of state government to the extent
745745 the office promotes the Texas music industry.
746746 Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
747747 have nine members, with jurisdiction over all matters pertaining
748748 to:
749749 (1) the relations between the State of Texas and the
750750 federal government involving defense, emergency preparedness, and
751751 veterans issues;
752752 (2) the various branches of the military service of
753753 the United States;
754754 (3) the realignment or closure of military bases;
755755 (4) the defense of the state and nation, including
756756 terrorism response;
757757 (5) emergency preparedness;
758758 (6) veterans of military and related services; and
759759 (7) the following state agencies: the Texas Military
760760 Department, the Texas Veterans Commission, the Veterans' Land
761761 Board, the Texas Military Preparedness Commission, the Texas
762762 Division of Emergency Management, and the Emergency Management
763763 Council.
764764 Sec. 10. ELECTIONS. The committee shall have nine members,
765765 with jurisdiction over all matters pertaining to:
766766 (1) the right of suffrage in Texas;
767767 (2) primary, special, and general elections;
768768 (3) revision, modification, amendment, or change of
769769 the Election Code;
770770 (4) the secretary of state in relation to elections;
771771 (5) campaign finance; and
772772 (6) the following state agency: the Office of the
773773 Secretary of State.
774774 Sec. 11. ENERGY RESOURCES. The committee shall have 11
775775 members, with jurisdiction over all matters pertaining to:
776776 (1) the conservation of the energy resources of Texas;
777777 (2) the production, regulation, transportation, and
778778 development of oil, gas, and other energy resources;
779779 (3) mining and the development of mineral deposits
780780 within the state;
781781 (4) the leasing and regulation of mineral rights under
782782 public lands;
783783 (5) pipelines, pipeline companies, and all others
784784 operating as common carriers in the state;
785785 (6) electric utility regulation as it relates to
786786 energy production and consumption;
787787 (7) identifying, developing, and using alternative
788788 energy sources;
789789 (8) increasing energy efficiency throughout the
790790 state;
791791 (9) the coordination of the state's efforts related to
792792 the federal designation of threatened and endangered species as it
793793 relates to energy resources in the state; and
794794 (10) the following state agencies: the Railroad
795795 Commission of Texas, the Texas representative for the Interstate
796796 Oil and Gas Compact Commission, the Office of Interstate Mining
797797 Compact Commissioner for Texas, the State Energy Conservation
798798 Office, and the Office of Southern States Energy Board Member for
799799 Texas.
800800 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall
801801 have nine members, with jurisdiction over all matters pertaining
802802 to:
803803 (1) air, land, and water pollution, including the
804804 environmental regulation of industrial development;
805805 (2) the regulation of waste disposal;
806806 (3) environmental matters that are regulated by the
807807 Department of State Health Services or the Texas Commission on
808808 Environmental Quality;
809809 (4) oversight of the Texas Commission on Environmental
810810 Quality as it relates to environmental regulation; and
811811 (5) the following state agency: the Texas Low-Level
812812 Radioactive Waste Disposal Compact Commission.
813813 Sec. 13. GENERAL INVESTIGATING (PROCEDURAL). (a) The
814814 committee shall have five members of the house appointed by the
815815 speaker. The speaker shall appoint the chair and the vice-chair of
816816 the committee.
817817 (b) The committee has all the powers and duties of a general
818818 investigating committee and shall operate as the general
819819 investigating committee of the house according to the procedures
820820 prescribed by Subchapter B, Chapter 301, Government Code, and the
821821 rules of the house, as applicable.
822822 (b-1) The committee may begin work as soon as it desires
823823 after its members are appointed. The committee shall meet,
824824 organize, and adopt rules of evidence and procedure and any other
825825 necessary rules. The committee rules may not conflict with Section
826826 301.025, Government Code.
827827 (b-2) Whether or not the legislature is in session, the
828828 committee may meet at any time or place in the state determined
829829 necessary by the committee.
830830 (b-3) If the committee decides not to conduct joint hearings
831831 as provided by Section 301.019, Government Code, the committee
832832 shall establish a liaison to fully inform the chair of the senate
833833 committee of the nature and progress of any inquiry by the other
834834 committee.
835835 (b-4) On a majority vote of the committee, the committee may
836836 conduct joint hearings and investigations.
837837 (b-5) The committee may:
838838 (1) initiate or continue inquiries and hearings
839839 concerning:
840840 (A) state government;
841841 (B) any agency or subdivision of government
842842 within the state;
843843 (C) the expenditure of public funds at any level
844844 of government within the state; and
845845 (D) any other matter the committee considers
846846 necessary for the information of the legislature or for the welfare
847847 and protection of state citizens; and
848848 (2) inspect the records, documents, and files and may
849849 examine the duties, responsibilities, and activities of each state
850850 department, agency, and officer and of each municipality, county,
851851 or other political subdivision of the state.
852852 (b-6) If a person disobeys a subpoena or other process that
853853 the committee lawfully issues, the committee may cite the person
854854 for contempt and cause the person to be prosecuted for contempt
855855 according to the procedure prescribed by Subchapter B, Chapter 301,
856856 Government Code, or by other law.
857857 (b-7) The committee shall make reports to members of the
858858 legislature that the committee determines are necessary and
859859 appropriate.
860860 (b-8) Information held by the committee that if held by a
861861 law enforcement agency or prosecutor would be excepted from the
862862 requirements of Section 552.021, Government Code, under Section
863863 552.108 of that code is confidential and not subject to public
864864 disclosure.
865865 (b-9) If for any reason it is necessary to obtain assistance
866866 in addition to the services provided by the state auditor, attorney
867867 general, Texas Legislative Council, or Department of Public Safety,
868868 the committee may employ and compensate assistants to assist in any
869869 investigation, audit, or legal matter.
870870 (c) The committee may investigate a matter related to the
871871 misconduct, malfeasance, misfeasance, abuse of office, or
872872 incompetency of an individual or officer under Chapter 665,
873873 Government Code. The committee has all the powers and duties
874874 conferred by that chapter for the purpose of conducting the
875875 investigation, including the authority to propose articles of
876876 impeachment.
877877 (d) The committee has original jurisdiction over the
878878 receipt, processing, investigation, and resolution of complaints
879879 related to appropriate workplace conduct under Rule 15, the
880880 housekeeping resolution, and policies adopted by the Committee on
881881 House Administration. If a complaint relates to the conduct of a
882882 member of the committee, that member's employee, or an individual
883883 related to the member or the member's employee within the third
884884 degree by consanguinity or within the second degree by affinity as
885885 determined under Chapter 573, Government Code:
886886 (1) the member shall not participate in any committee
887887 proceedings related to the complaint; and
888888 (2) the speaker shall designate a member of the house
889889 drawn by lot under Subsection (e) of this section to act in the
890890 place of the disqualified member. The designation of a member under
891891 this subsection ends when the committee makes its final disposition
892892 of the complaint.
893893 (e) When a member of the committee is disqualified under
894894 Subsection (d) of this section, the chief clerk shall prepare a list
895895 of the currently qualified members of the house, omitting the names
896896 of the speaker, the disqualified member, each other member of the
897897 committee, and any member elected from the same county as the
898898 disqualified member. The chief clerk shall write on a separate
899899 piece of paper of uniform size and color the name of each member
900900 that appears on the prepared list. The chief clerk shall deposit
901901 the pieces of paper in an opaque container that is designed to
902902 permit the random distribution of the pieces of paper after their
903903 initial deposit and to prevent the viewing of any of the pieces of
904904 paper at any time. After the pieces of paper are randomly
905905 distributed in the container, the sergeant-at-arms shall draw a
906906 single piece of paper and deliver that piece of paper to the chief
907907 clerk. The chief clerk shall inform the speaker of the name drawn
908908 by the sergeant-at-arms for designation under Subsection (d).
909909 Sec. 14. HIGHER EDUCATION. The committee shall have 11
910910 members, with jurisdiction over all matters pertaining to:
911911 (1) education beyond high school;
912912 (2) the colleges and universities of the State of
913913 Texas; and
914914 (3) the following state agencies: the Texas A&M
915915 Engineering Experiment Station, the Texas A&M Engineering
916916 Extension Service, the Texas Higher Education Coordinating Board,
917917 the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
918918 Education Tuition Board, and the Texas A&M Transportation
919919 Institute.
920920 Sec. 15. HOMELAND SECURITY AND PUBLIC SAFETY. The
921921 committee shall have nine members, with jurisdiction over all
922922 matters pertaining to:
923923 (1) law enforcement;
924924 (2) the prevention of crime and the apprehension of
925925 criminals;
926926 (3) the provision of security services by private
927927 entities;
928928 (4) homeland security, including:
929929 (A) the defense of the state and nation,
930930 including terrorism response; and
931931 (B) disaster mitigation, preparedness, response,
932932 and recovery; and
933933 (5) the following state agencies: the Texas Commission
934934 on Law Enforcement, the Department of Public Safety, the Texas
935935 Division of Emergency Management, the Emergency Management
936936 Council, the Texas Forensic Science Commission, the Texas Military
937937 Preparedness Commission, the Commission on State Emergency
938938 Communications, and the Texas Crime Stoppers Council.
939939 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
940940 committee shall have 11 members, with jurisdiction over:
941941 (1) administrative operation of the house and its
942942 employees;
943943 (2) the adoption of policies and procedures for
944944 appropriate workplace conduct under Rule 15 and the housekeeping
945945 resolution, including policies and procedures relating to the
946946 training of members, officers, and employees;
947947 (3) the general house fund, with full control over all
948948 expenditures from the fund;
949949 (4) all property, equipment, and supplies obtained by
950950 the house for its use and the use of its members;
951951 (5) all office space available for the use of the house
952952 and its members;
953953 (6) the assignment of vacant office space, vacant
954954 parking spaces, and vacant desks on the house floor to members with
955955 seniority based on cumulative years of service in the house, except
956956 that the committee may make these assignments based on physical
957957 disability of a member where it deems proper;
958958 (7) all admissions to the floor during sessions of the
959959 house;
960960 (8) all proposals to invite nonmembers to appear
961961 before or address the house or a joint session;
962962 (9) all radio, television, and Internet broadcasting,
963963 live or recorded, of sessions of the house;
964964 (10) the electronic recording of the proceedings of
965965 the house of representatives and the custody of the recordings of
966966 testimony before house committees, with authority to promulgate
967967 reasonable rules, regulations, and conditions concerning the
968968 safekeeping, reproducing, and transcribing of the recordings, and
969969 the defraying of costs for transcribing the recordings, subject to
970970 other provisions of these rules;
971971 (11) all witnesses appearing before the house or any
972972 committee thereof in support of or in opposition to any pending
973973 legislative proposal;
974974 (12) the Rules of Procedure of the House of
975975 Representatives, Joint Rules of the House and Senate, and all
976976 proposed amendments;
977977 (13) other matters concerning the rules, procedures,
978978 and operation of the house assigned by the speaker; and
979979 (14) the following state agency: the State
980980 Preservation Board.
981981 (b) The committee must vote to adopt the annual budget for
982982 each house department.
983983 Sec. 17. HUMAN SERVICES. The committee shall have nine
984984 members, with jurisdiction over all matters pertaining to:
985985 (1) welfare and rehabilitation programs and their
986986 development, administration, and control;
987987 (2) oversight of the Health and Human Services
988988 Commission and the Texas Behavioral Health Executive Council as it
989989 relates to the subject matter jurisdiction of this committee;
990990 (3) intellectual disabilities and the development of
991991 programs incident thereto;
992992 (4) the prevention and treatment of intellectual
993993 disabilities; and
994994 (5) the following state agencies: the Department of
995995 Family and Protective Services, the Texas State Board of Social
996996 Worker Examiners, and the Texas State Board of Examiners of
997997 Professional Counselors.
998998 Sec. 18. INSURANCE. The committee shall have nine members,
999999 with jurisdiction over all matters pertaining to:
10001000 (1) insurance and the insurance industry;
10011001 (2) all insurance companies and other organizations of
10021002 any type writing or issuing policies of insurance in the State of
10031003 Texas, including their organization, incorporation, management,
10041004 powers, and limitations; and
10051005 (3) the following state agencies: the Texas
10061006 Department of Insurance, the Texas Health Benefits Purchasing
10071007 Cooperative, and the Office of Public Insurance Counsel.
10081008 Sec. 19. INTERNATIONAL RELATIONS AND ECONOMIC DEVELOPMENT.
10091009 The committee shall have nine members, with jurisdiction over all
10101010 matters pertaining to:
10111011 (1) the relations between the State of Texas and other
10121012 nations, including matters related to trade relations and
10131013 international trade zones;
10141014 (2) the relations between the State of Texas and the
10151015 federal government other than matters involving defense, emergency
10161016 preparedness, and veterans issues;
10171017 (3) the relations between the State of Texas and other
10181018 states of the United States;
10191019 (4) commerce, trade, and manufacturing, including
10201020 international commerce and trade and the regulation of persons
10211021 participating in international commerce and trade;
10221022 (5) cooperation between the state or a local
10231023 governmental entity and the scientific and technological
10241024 community, including private businesses, institutions of higher
10251025 education, and federal governmental laboratories;
10261026 (6) weights and measures;
10271027 (7) workforce training;
10281028 (8) economic and industrial development;
10291029 (9) development and support of small businesses;
10301030 (10) job creation and job-training programs;
10311031 (11) hours, wages, collective bargaining, and the
10321032 relationship between employers and employees;
10331033 (12) international and border regions (as described in
10341034 Sections 2056.002(e)(2) and (3), Government Code) economic
10351035 development, public health and safety issues affecting the border,
10361036 tourist development, and goodwill, and economic development,
10371037 tourist development, and goodwill in other areas of the state that
10381038 have experienced a significant increase in the percentage of the
10391039 population that consists of immigrants from other nations,
10401040 according to the last two federal decennial censuses or another
10411041 reliable measure;
10421042 (13) the provision of public services to persons
10431043 residing in proximity to Texas' international border or in other
10441044 areas of the state that have experienced a significant increase in
10451045 the percentage of the population that consists of immigrants from
10461046 other nations, according to the last two federal decennial censuses
10471047 or another reliable measure; and
10481048 (14) the following state agencies: the Office of
10491049 State-Federal Relations, the Texas Economic Development and
10501050 Tourism Office, the Texas Workforce Commission, and the Texas
10511051 Workforce Investment Council.
10521052 Sec. 20. JUDICIARY AND CIVIL JURISPRUDENCE. The committee
10531053 shall have nine members, with jurisdiction over all matters
10541054 pertaining to:
10551055 (1) fines and penalties arising under civil laws;
10561056 (2) civil law, including rights, duties, remedies, and
10571057 procedures thereunder, and including probate and guardianship
10581058 matters;
10591059 (3) civil procedure in the courts of Texas;
10601060 (4) administrative law and the adjudication of rights
10611061 by administrative agencies;
10621062 (5) permission to sue the state;
10631063 (6) uniform state laws;
10641064 (7) creating, changing, or otherwise affecting courts
10651065 of judicial districts of the state;
10661066 (8) establishing districts for the election of
10671067 judicial officers;
10681068 (9) courts and court procedures except where
10691069 jurisdiction is specifically granted to some other standing
10701070 committee; and
10711071 (10) the following state agencies: the Supreme Court,
10721072 the courts of appeals, the Court of Criminal Appeals, the State
10731073 Commission on Judicial Conduct, the Office of Court Administration
10741074 of the Texas Judicial System, the State Law Library, the Texas
10751075 Judicial Council, the Judicial Branch Certification Commission,
10761076 the Office of the Attorney General, the Board of Law Examiners, the
10771077 State Bar of Texas, and the State Office of Administrative
10781078 Hearings.
10791079 Sec. 21. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
10801080 shall have nine members, with jurisdiction over all matters
10811081 pertaining to:
10821082 (1) the commitment and rehabilitation of youths;
10831083 (2) the construction, operation, and management of
10841084 correctional facilities of the state and facilities used for the
10851085 commitment and rehabilitation of youths;
10861086 (3) juvenile delinquency and gang violence;
10871087 (4) criminal law, prohibitions, standards, and
10881088 penalties as applied to juveniles;
10891089 (5) criminal procedure in the courts of Texas as it
10901090 relates to juveniles;
10911091 (6) civil law as it relates to familial relationships,
10921092 including rights, duties, remedies, and procedures; and
10931093 (7) the following state agencies: the Texas Juvenile
10941094 Justice Board, the Texas Juvenile Justice Department, the Office of
10951095 Independent Ombudsman for the Texas Juvenile Justice Department,
10961096 and the Advisory Council on Juvenile Services.
10971097 Sec. 22. LAND AND RESOURCE MANAGEMENT. The committee shall
10981098 have nine members, with jurisdiction over all matters pertaining
10991099 to:
11001100 (1) the management of public lands;
11011101 (2) the power of eminent domain;
11021102 (3) the creation, modification, and regulation of
11031103 municipal utility districts;
11041104 (4) annexation, zoning, and other governmental
11051105 regulation of land use; and
11061106 (5) the following state agencies: the School Land
11071107 Board, the Board for Lease of University Lands, and the General Land
11081108 Office.
11091109 Sec. 23. LICENSING AND ADMINISTRATIVE PROCEDURES. The
11101110 committee shall have 11 members, with jurisdiction over all
11111111 matters pertaining to:
11121112 (1) the oversight of businesses, industries, general
11131113 trades, and occupations regulated by this state;
11141114 (2) the regulation of greyhound and horse racing and
11151115 other gaming industries;
11161116 (3) regulation of the sale of intoxicating beverages
11171117 and local option control;
11181118 (4) the Alcoholic Beverage Code; and
11191119 (5) the following state agencies: the Texas
11201120 Department of Licensing and Regulation, the State Office of
11211121 Administrative Hearings, the Texas Board of Architectural
11221122 Examiners, the Texas State Board of Public Accountancy, the Texas
11231123 Real Estate Commission, the Texas State Board of Plumbing
11241124 Examiners, the Texas Board of Professional Engineers and Land
11251125 Surveyors, the Real Estate Center at Texas A&M University, the
11261126 Texas Racing Commission, the Texas Appraiser Licensing and
11271127 Certification Board, the Texas Lottery Commission, and the Texas
11281128 Alcoholic Beverage Commission.
11291129 Sec. 24. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
11301130 committee shall have 11 members, with jurisdiction over:
11311131 (1) the placement on appropriate calendars of bills
11321132 and resolutions that, in the opinion of the committee, are in fact
11331133 local or will be uncontested, and have been recommended as such by
11341134 the standing committee of original jurisdiction; and
11351135 (2) the determination of priorities for floor
11361136 consideration of bills and resolutions except those within the
11371137 jurisdiction of the Committee on Calendars and the Committee on
11381138 Resolutions Calendars.
11391139 Sec. 25. NATURAL RESOURCES. The committee shall have 11
11401140 members, with jurisdiction over all matters pertaining to:
11411141 (1) the conservation of the natural resources of
11421142 Texas;
11431143 (2) the control and development of land and water and
11441144 land and water resources, including the taking, storing, control,
11451145 and use of all water in the state, and its appropriation and
11461146 allocation;
11471147 (3) irrigation, irrigation companies, and irrigation
11481148 districts, and their incorporation, management, and powers;
11491149 (4) the creation, modification, and regulation of
11501150 groundwater conservation districts, water supply districts, water
11511151 control and improvement districts, conservation and reclamation
11521152 districts, and all similar organs of local government dealing with
11531153 water and water supply not otherwise assigned by these rules to
11541154 another standing committee;
11551155 (5) oversight of the Texas Commission on Environmental
11561156 Quality as it relates to the regulation of water resources; and
11571157 (6) the following state agencies: the Office of
11581158 Canadian River Compact Commissioner for Texas, the Office of Pecos
11591159 River Compact Commissioner for Texas, the Office of Red River
11601160 Compact Commissioner for Texas, the Office of Rio Grande Compact
11611161 Commissioner for Texas, the Office of Sabine River Compact
11621162 Commissioners for Texas, the Southwestern States Water Commission,
11631163 and the Texas Water Development Board.
11641164 Sec. 26. PENSIONS, INVESTMENTS, AND FINANCIAL SERVICES.
11651165 The committee shall have nine members, with jurisdiction over all
11661166 matters pertaining to:
11671167 (1) banking and the state banking system;
11681168 (2) savings and loan associations;
11691169 (3) credit unions;
11701170 (4) the regulation of state and local bonded
11711171 indebtedness;
11721172 (5) the lending of money;
11731173 (6) benefits or participation in benefits of a public
11741174 retirement system and the financial obligations of a public
11751175 retirement system;
11761176 (7) the regulation of securities and investments;
11771177 (8) privacy and identity theft; and
11781178 (9) the following state agencies: the Finance
11791179 Commission of Texas, the Credit Union Commission, the Office of
11801180 Consumer Credit Commissioner, the Office of Banking Commissioner,
11811181 the Texas Department of Banking, the Department of Savings and
11821182 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
11831183 Texas Public Finance Authority, the Bond Review Board, the Texas
11841184 Emergency Services Retirement System, the Board of Trustees of the
11851185 Teacher Retirement System of Texas, the Board of Trustees of the
11861186 Employees Retirement System of Texas, the Board of Trustees of the
11871187 Texas County and District Retirement System, the Board of Trustees
11881188 of the Texas Municipal Retirement System, the State Pension Review
11891189 Board, and the State Securities Board.
11901190 Sec. 27. PUBLIC EDUCATION. The committee shall have 13
11911191 members, with jurisdiction over all matters pertaining to:
11921192 (1) the public schools and the public school system of
11931193 Texas and the financing thereof;
11941194 (2) the state programming of elementary and secondary
11951195 education for the public school system of Texas;
11961196 (3) proposals to create, change, or otherwise alter
11971197 school districts of the state; and
11981198 (4) the following organizations and state agencies:
11991199 the State Board of Education, the Texas Education Agency, the Texas
12001200 representatives to the Education Commission of the States, the
12011201 Southern Regional Education Board, the Texas School for the Blind
12021202 and Visually Impaired, the State Board for Educator Certification,
12031203 and the Texas School for the Deaf.
12041204 Sec. 28. PUBLIC HEALTH. The committee shall have 11
12051205 members, with jurisdiction over all matters pertaining to:
12061206 (1) the protection of public health, including
12071207 supervision and control of the practice of medicine and dentistry
12081208 and other allied health services;
12091209 (2) mental health and the development of programs
12101210 incident thereto;
12111211 (3) the prevention and treatment of mental illness;
12121212 (4) oversight of the Health and Human Services
12131213 Commission and the Texas Behavioral Health Executive Council as it
12141214 relates to the subject matter jurisdiction of this committee; and
12151215 (5) the following state agencies: the Department of
12161216 State Health Services, the Anatomical Board of the State of Texas,
12171217 the Texas Funeral Service Commission, the Hearing Instrument
12181218 Fitters and Dispensers Advisory Board, the Texas Health Services
12191219 Authority, the Texas Optometry Board, the Texas Radiation Advisory
12201220 Board, the Texas State Board of Pharmacy, the Texas Board of
12211221 Nursing, the Texas Board of Chiropractic Examiners, the Texas Board
12221222 of Physical Therapy Examiners, the Massage Therapy Advisory Board,
12231223 the Podiatric Medical Examiners Advisory Board, the Texas State
12241224 Board of Examiners of Psychologists, the Texas State Board of
12251225 Examiners of Marriage and Family Therapists, the Behavior Analyst
12261226 Advisory Board, the State Board of Dental Examiners, the Texas
12271227 Medical Board, the Advisory Board of Athletic Trainers, the Cancer
12281228 Prevention and Research Institute of Texas, the Texas State Board
12291229 of Acupuncture Examiners, the Health Professions Council, the
12301230 Office of Patient Protection, the Texas Board of Occupational
12311231 Therapy Examiners, and the Texas Child Mental Health Care
12321232 Consortium.
12331233 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
12341234 have 15 members, with jurisdiction over all matters pertaining to:
12351235 (1) legislative districts, both house and senate, and
12361236 any changes or amendments;
12371237 (2) congressional districts, their creation, and any
12381238 changes or amendments;
12391239 (3) establishing districts for the election of
12401240 judicial officers or of governing bodies or representatives of
12411241 political subdivisions or state agencies as required by law; and
12421242 (4) preparations for the redistricting process.
12431243 Sec. 30. RESOLUTIONS CALENDARS (PROCEDURAL). The committee
12441244 shall have 11 members, with jurisdiction over:
12451245 (1) the placement on appropriate calendars of
12461246 resolutions that, in the opinion of the committee, are in fact
12471247 congratulatory or memorial;
12481248 (2) the determination of priorities for floor
12491249 consideration of resolutions except those within the jurisdiction
12501250 of the Committee on Calendars and the Committee on Local and Consent
12511251 Calendars;
12521252 (3) all procedures for expediting the business of the
12531253 house in expressing concern or commendation in an orderly and
12541254 efficient manner;
12551255 (4) all resolutions to congratulate, memorialize, or
12561256 name mascots of the house; and
12571257 (5) other matters concerning rules, procedures, and
12581258 operation of the house in expressing concern or commendation
12591259 assigned by the speaker.
12601260 Sec. 31. STATE AFFAIRS. The committee shall have 13
12611261 members, with jurisdiction over all matters pertaining to:
12621262 (1) questions and matters of state policy;
12631263 (2) the administration of state government;
12641264 (3) the organization, operation, powers, regulation,
12651265 and management of state departments, agencies, and institutions;
12661266 (4) the operation and regulation of public lands and
12671267 state buildings;
12681268 (5) the duties and conduct of officers and employees
12691269 of the state government;
12701270 (6) the duties and conduct of candidates for public
12711271 office and of persons with an interest in influencing public
12721272 policy;
12731273 (7) the operation of state government and its agencies
12741274 and departments; all of above except where jurisdiction is
12751275 specifically granted to some other standing committee;
12761276 (8) access of the state agencies to scientific and
12771277 technological information;
12781278 (9) the regulation and deregulation of electric
12791279 utilities and the electric industry;
12801280 (10) the regulation and deregulation of
12811281 telecommunications utilities and the telecommunications industry;
12821282 (11) electric utility regulation as it relates to
12831283 energy production and consumption;
12841284 (12) pipelines, pipeline companies, and all others
12851285 operating as common carriers in the state;
12861286 (13) the regulation and deregulation of other
12871287 industries jurisdiction of which is not specifically assigned to
12881288 another committee under these rules;
12891289 (14) advances in science and technology, including
12901290 telecommunications, electronic technology, or automated data
12911291 processing, by state agencies, including institutions of higher
12921292 education;
12931293 (15) the promotion within the state of an advance
12941294 described by Subdivision (14) of this section;
12951295 (16) cybersecurity; and
12961296 (17) the following organizations and state agencies:
12971297 the Council of State Governments, the National Conference of State
12981298 Legislatures, the Office of the Governor, the Texas Ethics
12991299 Commission, the Texas Facilities Commission, the Department of
13001300 Information Resources, the Inaugural Endowment Fund Committee, the
13011301 Sunset Advisory Commission, the Public Utility Commission of Texas,
13021302 and the Office of Public Utility Counsel.
13031303 Sec. 32. TRANSPORTATION. The committee shall have 13
13041304 members, with jurisdiction over all matters pertaining to:
13051305 (1) commercial motor vehicles, both bus and truck, and
13061306 their control, regulation, licensing, and operation;
13071307 (2) the Texas highway system, including all roads,
13081308 bridges, and ferries constituting a part of the system;
13091309 (3) the licensing of private passenger vehicles to
13101310 operate on the roads and highways of the state;
13111311 (4) the regulation and control of traffic on the
13121312 public highways of the State of Texas;
13131313 (5) railroads, street railway lines, interurban
13141314 railway lines, steamship companies, and express companies;
13151315 (6) airports, air traffic, airlines, and other
13161316 organizations engaged in transportation by means of aerial flight;
13171317 (7) water transportation in the State of Texas, and
13181318 the rivers, harbors, and related facilities used in water
13191319 transportation and the agencies of government exercising
13201320 supervision and control thereover;
13211321 (8) the regulation of metropolitan transit; and
13221322 (9) the following state agencies: the Texas Department
13231323 of Motor Vehicles, the Texas Department of Transportation, and the
13241324 Texas Transportation Commission.
13251325 Sec. 33. URBAN AFFAIRS. The committee shall have nine
13261326 members, with jurisdiction over all matters pertaining to:
13271327 (1) municipalities, including their creation,
13281328 organization, powers, government, and finance, and the
13291329 compensation and duties of their officers and employees;
13301330 (2) home-rule municipalities, their relationship to
13311331 the state, and their powers, authority, and limitations;
13321332 (3) the creation or change of metropolitan areas and
13331333 the form of government under which those areas operate;
13341334 (4) problems and issues particularly affecting
13351335 metropolitan areas of the state;
13361336 (5) other units of local government not otherwise
13371337 assigned by these rules to other standing committees;
13381338 (6) establishing districts for the election of
13391339 governing bodies of municipalities;
13401340 (7) land use regulation by municipalities; and
13411341 (8) the following state agencies: the Texas
13421342 Department of Housing and Community Affairs and the Texas
13431343 Commission on Fire Protection.
13441344 Sec. 34. WAYS AND MEANS. The committee shall have 11
13451345 members, with jurisdiction over:
13461346 (1) all bills and resolutions proposing to raise state
13471347 revenue;
13481348 (2) all bills or resolutions proposing to levy state
13491349 taxes or other fees;
13501350 (3) all proposals to modify, amend, or change any
13511351 existing state tax or revenue statute;
13521352 (4) all proposals to regulate the manner of collection
13531353 of state revenues and taxes;
13541354 (5) all bills and resolutions containing provisions
13551355 resulting in automatic allocation of funds from the state treasury;
13561356 (6) all bills and resolutions diverting funds from the
13571357 state treasury or preventing funds from going in that otherwise
13581358 would be placed in the state treasury;
13591359 (7) all bills and resolutions proposing to permit a
13601360 local government to raise revenue;
13611361 (8) all bills and resolutions proposing to permit a
13621362 local government to levy or impose property taxes, sales and use
13631363 taxes, or other taxes and fees;
13641364 (9) all proposals to modify, amend, or change any
13651365 existing local government tax or revenue statute;
13661366 (10) all proposals to regulate the manner of
13671367 collection of local government revenues and taxes;
13681368 (11) all bills and resolutions relating to the
13691369 appraisal of property for taxation;
13701370 (12) all bills and resolutions relating to the Tax
13711371 Code; and
13721372 (13) the following organizations and state agencies:
13731373 the Multistate Tax Commission and the Comptroller of Public
13741374 Accounts.
13751375 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
13761376 CHAPTER A. ORGANIZATION
13771377 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
13781378 committees of the house, and the number of members and general
13791379 jurisdiction of each, shall be as enumerated in Rule 3.
13801380 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
13811381 the standing committees shall be determined at the beginning of
13821382 each regular session in the following manner:
13831383 (1) For each standing substantive committee, a maximum
13841384 of one-half of the membership, exclusive of the chair and
13851385 vice-chair, shall be determined by seniority. The remaining
13861386 membership of the committee shall be appointed by the speaker.
13871387 (2) Each member of the house, in order of seniority,
13881388 may designate three committees on which he or she desires to serve,
13891389 listed in order of preference. The member is entitled to become a
13901390 member of the committee of his or her highest preference on which
13911391 there remains a vacant seniority position.
13921392 (3) If members of equal seniority request the same
13931393 committee, the speaker shall appoint the member from among those
13941394 requesting that committee. Seniority, as the term is used in this
13951395 subsection, shall mean years of cumulative service as a member of
13961396 the house of representatives.
13971397 (4) After each member of the house has selected one
13981398 committee on the basis of seniority, the remaining membership on
13991399 each standing committee shall be filled by appointment of the
14001400 speaker, subject to the limitations imposed in this chapter.
14011401 (5) Seniority shall not apply to a procedural
14021402 committee. For purposes of these rules, the procedural committees
14031403 are the Committee on Calendars, the Committee on Local and Consent
14041404 Calendars, the Committee on Resolutions Calendars, the General
14051405 Investigating Committee, the Committee on House Administration,
14061406 and the Committee on Redistricting. The entire membership of these
14071407 committees shall be appointed by the speaker.
14081408 (6) In announcing the membership of committees, the
14091409 speaker shall designate those appointed by the speaker and those
14101410 acquiring membership by seniority.
14111411 (7) The speaker shall designate the chair and
14121412 vice-chair from the total membership of the committee.
14131413 (b) In the event of a vacancy in a representative district
14141414 that has not been filled at the time of the determination of the
14151415 membership of standing committees, the representative of the
14161416 district who fills that vacancy shall not be entitled to select a
14171417 committee on the basis of seniority. Committee appointments on
14181418 behalf of that district shall be designated by the district number.
14191419 (c) In the event that a member-elect of the current
14201420 legislature has not taken the oath of office by the end of the ninth
14211421 day of the regular session, the representative of that district
14221422 shall not be entitled to select a committee on the basis of
14231423 seniority. If the member-elect has not taken the oath of office by
14241424 the time committee appointments are announced, committee
14251425 appointments on behalf of that district shall be designated by
14261426 district number.
14271427 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
14281428 and vice-chair, members of a standing committee shall rank
14291429 according to their seniority.
14301430 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
14311431 concurrently on more than two standing substantive committees.
14321432 (b) A member serving as chair of the Committee on
14331433 Appropriations, the Committee on State Affairs, or the Committee on
14341434 Ways and Means may not serve on any other substantive committee.
14351435 (c) A permanent speaker pro tempore appointed under Rule 1,
14361436 Section 10, may not serve on more than one substantive committee or
14371437 as chair of a standing committee.
14381438 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
14391439 a standing, select, or interim committee subsequent to its
14401440 organization, the speaker shall appoint an eligible member to fill
14411441 the vacancy.
14421442 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
14431443 shall:
14441444 (1) be responsible for the effective conduct of the
14451445 business of the committee;
14461446 (2) appoint all subcommittees and determine the number
14471447 of members to serve on each subcommittee;
14481448 (3) in consultation with members of the committee,
14491449 schedule the work of the committee and determine the order in which
14501450 the committee shall consider and act on bills, resolutions, and
14511451 other matters referred to the committee;
14521452 (4) have authority to employ and discharge the staff
14531453 and employees authorized for the committee and have supervision and
14541454 control over all the staff and employees;
14551455 (5) direct the preparation of all committee reports.
14561456 No committee report shall be official until signed by the chair of
14571457 the committee, or by the person acting as chair, or by a majority of
14581458 the membership of the committee;
14591459 (6) determine the necessity for public hearings,
14601460 schedule hearings, and be responsible for directing the posting of
14611461 notice of hearings as required by the rules;
14621462 (7) preside at all meetings of the committee and
14631463 control its deliberations and activities in accordance with
14641464 acceptable parliamentary procedure; and
14651465 (8) have authority to direct the sergeant-at-arms to
14661466 assist, where necessary, in enforcing the will of the committee.
14671467 Sec. 7. BILL ANALYSES. Except for the general
14681468 appropriations bill, for each bill or joint resolution referred to
14691469 the committee, the staff of the committee shall be responsible for
14701470 distributing a copy of a bill analysis to each member of the
14711471 committee and the author of a house measure at the earliest possible
14721472 opportunity but not later than the first time the measure is laid
14731473 out in a committee meeting.
14741474 CHAPTER B. PROCEDURE
14751475 Sec. 8. MEETINGS. (a) As soon as practicable after
14761476 standing committees are constituted and organized, the committee
14771477 coordinator, under the direction of the Committee on House
14781478 Administration, shall prepare a schedule for regular meetings of
14791479 all standing committees. This schedule shall be published in the
14801480 house journal and posted in a convenient and conspicuous place near
14811481 the entrance to the house and on other posting boards for committee
14821482 meeting notices, as determined necessary by the Committee on House
14831483 Administration. To the extent practicable during each regular
14841484 session, standing committees shall conduct regular committee
14851485 meetings in accordance with the schedule of meetings prepared by
14861486 the committee coordinator under the supervision of the Committee on
14871487 House Administration.
14881488 (b) Standing committees shall meet at other times as may be
14891489 determined by the committee, or as may be called by the chair.
14901490 Subcommittees of standing committees shall likewise meet at other
14911491 times as may be determined by the committee, or as may be called by
14921492 the chair of the committee or subcommittee.
14931493 (c) Committees shall also meet in such places and at such
14941494 times as the speaker may designate.
14951495 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
14961496 committee or subcommittee shall meet during the time the house is in
14971497 session without permission being given by a majority vote of the
14981498 house. No standing committee or subcommittee shall conduct its
14991499 meeting on the floor of the house or in the house chamber while the
15001500 house is in session, but shall, if given permission to meet while
15011501 the house is in session, retire to a designated committee room for
15021502 the conduct of its meeting.
15031503 Sec. 10. PURPOSES FOR MEETING. A committee or a
15041504 subcommittee may be assembled for:
15051505 (1) a public hearing where testimony is to be heard,
15061506 and where official action may be taken, on bills, resolutions, or
15071507 other matters;
15081508 (2) a formal meeting where the committee may discuss
15091509 and take official action on bills, resolutions, or other matters
15101510 without testimony; and
15111511 (3) a work session where the committee may discuss
15121512 bills, resolutions, or other matters but take no formal action.
15131513 Sec. 11. POSTING NOTICE. (a) No committee or
15141514 subcommittee, including a calendars committee, shall assemble for
15151515 the purpose of a public hearing during a regular session unless
15161516 notice of the hearing has been posted in accordance with the rules
15171517 at least five calendar days in advance of the hearing. No committee
15181518 or subcommittee, including a calendars committee, shall assemble
15191519 for the purpose of a public hearing during a special session unless
15201520 notice of the hearing has been posted in accordance with the rules
15211521 at least 24 hours in advance of the hearing. The committee minutes
15221522 shall reflect the date of each posting of notice. Notice shall not
15231523 be required for a public hearing or a formal meeting on a senate
15241524 bill which is substantially the same as a house bill that has
15251525 previously been the subject of a duly posted public hearing by the
15261526 committee.
15271527 (b) No committee or subcommittee, including a calendars
15281528 committee, shall assemble for the purpose of a formal meeting or
15291529 work session during a regular or special session unless written
15301530 notice has been posted and transmitted to each member of the
15311531 committee two hours in advance of the meeting or an announcement has
15321532 been filed with the journal clerk and read by the reading clerk
15331533 while the house is in session.
15341534 (c) All committees meeting during the interim for the
15351535 purpose of a formal meeting, work session, or public hearing shall
15361536 post notice in accordance with the rules and notify members of the
15371537 committee at least five calendar days in advance of the meeting.
15381538 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
15391539 committee or subcommittee, including a calendars committee, shall
15401540 be open to other members, the press, and the public unless
15411541 specifically provided otherwise by resolution adopted by the house.
15421542 However, the General Investigating Committee or a committee
15431543 considering an impeachment, an address, the punishment of a member
15441544 of the house, or any other matter of a quasi-judicial nature may
15451545 meet in executive session for the limited purpose of examining a
15461546 witness or deliberating, considering, or debating a decision, but
15471547 no decision may be made or voted on except in a meeting that is open
15481548 to the public and otherwise in compliance with the rules of the
15491549 house.
15501550 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
15511551 Procedure of the House of Representatives, and to the extent
15521552 applicable, the rules of evidence and procedure in the civil courts
15531553 of Texas, shall govern the hearings and operations of each
15541554 committee, including a calendars committee. Subject to the
15551555 foregoing, and to the extent necessary for orderly transaction of
15561556 business, each committee may promulgate and adopt additional rules
15571557 and procedures by which it will function. A copy of the rules and
15581558 procedures adopted by a committee must be filed with the chief
15591559 clerk. If the house is convened in a regular or special session, a
15601560 copy of the rules and procedures shall also be delivered to the
15611561 journal clerk and printed in the journal.
15621562 (b) No standing committee, including a calendars committee,
15631563 or any subcommittee, shall adopt any rule of procedure, including
15641564 but not limited to an automatic subcommittee rule, which will have
15651565 the effect of thwarting the will of the majority of the committee or
15661566 subcommittee or denying the committee or subcommittee the right to
15671567 ultimately dispose of any pending matter by action of a majority of
15681568 the committee or subcommittee. A bill or resolution may not be laid
15691569 on the table subject to call in committee without a majority vote of
15701570 the committee.
15711571 (c) Each committee of the house shall have authority to
15721572 determine whether or not to permit television, radio, or Internet
15731573 broadcasts, other than official house broadcasts, of any of its
15741574 proceedings.
15751575 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
15761576 rulings of the chair of a committee shall be in order if seconded by
15771577 three members of the committee, which may include the member making
15781578 the appeal. Procedure in committee following an appeal which has
15791579 been seconded shall be the same as the procedure followed in the
15801580 house in a similar situation.
15811581 Sec. 15. PREVIOUS QUESTION. Before the previous question
15821582 can be ordered in a committee, the motion therefor must be seconded
15831583 by not less than 4 members of a committee consisting of 21 or more
15841584 members, 3 members of a committee consisting of less than 21 members
15851585 and more than 10 members, or 2 members of a committee consisting of
15861586 10 members or less. If the motion is properly seconded and ordered
15871587 by a majority vote of the committee, further debate on the
15881588 proposition under consideration shall be terminated, and the
15891589 proposition shall be immediately put to a vote of the committee for
15901590 its action.
15911591 Sec. 16. QUORUM. A majority of a committee shall
15921592 constitute a quorum. No action or recommendation of a committee
15931593 shall be valid unless taken at a meeting of the committee with a
15941594 quorum actually present, and the committee minutes shall reflect
15951595 the names of those members of the committee who were actually
15961596 present. No committee report shall be made to the house nor shall
15971597 bills or resolutions be placed on a calendar unless ordered by a
15981598 majority of the membership of the committee, except as otherwise
15991599 provided in the rules, and a quorum of the committee must be present
16001600 when the vote is taken on reporting a bill or resolution, on placing
16011601 bills or resolutions on a calendar, or on taking any other formal
16021602 action within the authority of the committee. No committee report
16031603 shall be made nor shall bills or resolutions be placed on a calendar
16041604 except by record vote of the members of the committee, with the yeas
16051605 and nays to be recorded in the minutes of the committee. Proxies
16061606 cannot be used in committees.
16071607 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
16081608 order to move a call of a committee at any time to secure and
16091609 maintain a quorum for any one or more of the following purposes:
16101610 (1) for the consideration of a specific bill,
16111611 resolution, or other matter;
16121612 (2) for a definite period of time; or
16131613 (3) for the consideration of any designated class of
16141614 bills or other matters.
16151615 (b) When a call of a committee is moved for one or more of
16161616 the foregoing purposes and seconded by two members, one of whom may
16171617 be the chair, and is ordered by a majority of the members present,
16181618 no member shall thereafter be permitted to leave the committee
16191619 meeting without written permission from the chair. After the call
16201620 is ordered, and in the absence of a quorum, the chair shall have the
16211621 authority to authorize the sergeant-at-arms to locate absent
16221622 members of the committee and to compel their attendance for the
16231623 duration of the call.
16241624 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
16251625 including a calendars committee, the chair, or the member acting as
16261626 chair, shall keep complete minutes of the proceedings in committee,
16271627 which shall include:
16281628 (1) the time and place of each meeting of the
16291629 committee;
16301630 (2) a roll call to determine the members present at
16311631 each meeting of the committee, whether that meeting follows an
16321632 adjournment or a recess from a previous committee meeting;
16331633 (3) an accurate record of all votes taken, including a
16341634 listing of the yeas and nays cast on a record vote;
16351635 (4) the date of posting of notice of the meeting; and
16361636 (5) other information that the chair shall determine.
16371637 (b) The minutes for each public hearing of a committee shall
16381638 also include an attachment listing the names of the persons, other
16391639 than members of the legislature, and the persons or entities
16401640 represented by those persons, who were recognized by the chair to
16411641 address the committee. The attachment shall also list the name of
16421642 each person, other than a member of the legislature, who submitted
16431643 to the committee a sworn statement indicating that the person was
16441644 present in favor of, in opposition to, or without taking a position
16451645 on the measure or other matter, but who because of the person's
16461646 departure or other reason was not recognized by the chair to address
16471647 the committee; provided that the omission of the name of such a
16481648 person is not subject to a point of order.
16491649 (c) Committee minutes shall be corrected only at the
16501650 direction of the chair as authorized by a majority vote of the
16511651 committee. Duplicate originals of committee minutes shall be
16521652 maintained, one to remain with the committee chair and the other to
16531653 be filed with the committee coordinator. The committee minutes of a
16541654 meeting of the Appropriations Committee on the general
16551655 appropriations bill must be filed with the committee coordinator
16561656 within five days of the committee meeting. All other committee
16571657 minutes must be filed with the committee coordinator within three
16581658 days of the committee meeting for a substantive committee or the
16591659 Committee on Redistricting, and within one day of the committee
16601660 meeting for a procedural committee other than the Committee on
16611661 Redistricting. If the date on which the committee minutes are due
16621662 occurs on a Saturday, Sunday, or holiday on which the house is not
16631663 in session, the committee minutes shall be filed on the following
16641664 working day. The time at which the minutes are filed shall be
16651665 time-stamped on the duplicate originals of the minutes that are
16661666 filed with the committee coordinator. The duplicate originals
16671667 shall be available at all reasonable business hours for inspection
16681668 by members or the public.
16691669 (d) The committee coordinator shall maintain the minutes
16701670 and records safe from loss, destruction, and alteration at all
16711671 times, and may, at any time, turn them, or any portion, over to the
16721672 Committee on House Administration.
16731673 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
16741674 committee coordinator shall establish procedures for making
16751675 available to the public on the Internet documents relating to the
16761676 proceedings of substantive committees.
16771677 (b) A substantive committee shall make available to the
16781678 public on the Internet:
16791679 (1) any committee substitute or amendment laid before
16801680 the committee; and
16811681 (2) any nonconfidential written testimony submitted
16821682 by a state agency for consideration by the committee that relates to
16831683 a measure referred to the committee.
16841684 (c) A committee's failure to comply with this section is not
16851685 subject to a point of order.
16861686 Sec. 19. RECORDING OF TESTIMONY. All testimony before
16871687 committees and subcommittees shall be electronically recorded
16881688 under the direction of the Committee on House Administration.
16891689 Copies of the testimony may be released under guidelines
16901690 promulgated by the Committee on House Administration.
16911691 Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
16921692 Committee on House Administration shall ensure that an audio and
16931693 video recording of any public hearing, formal meeting, or work
16941694 session of the Committee on Appropriations or a subcommittee of the
16951695 Committee on Appropriations is made available to the public on the
16961696 Internet in a timely manner.
16971697 (b) To the extent that current technological capabilities
16981698 prohibit immediate implementation of this section, the Committee on
16991699 House Administration shall use the committee's best efforts to
17001700 conform to the requirements of this section as soon as practicable.
17011701 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
17021702 coordinator, under the direction of the Committee on House
17031703 Administration, shall prescribe the form of a sworn statement,
17041704 which may be in electronic or paper format, to be executed by all
17051705 persons, other than members, who wish to be recognized by the chair
17061706 to address the committee. The statement shall provide for showing
17071707 at least:
17081708 (1) the committee or subcommittee;
17091709 (2) the name, address, and telephone number of the
17101710 person appearing;
17111711 (3) the person, firm, corporation, class, or group
17121712 represented;
17131713 (4) the type of business, profession, or occupation in
17141714 which the person is engaged, if the person is representing himself
17151715 or herself; and
17161716 (5) the matter before the committee on which the
17171717 person wishes to be recognized to address the committee and whether
17181718 for, against, or neutral on the matter.
17191719 (b) No person shall be recognized by the chair to address
17201720 the committee in favor of, in opposition to, or without taking a
17211721 position on a matter until the sworn statement has been filed with
17221722 the chair of the committee. The chair of the committee shall
17231723 indicate whether the person completing the statement was recognized
17241724 to address the committee.
17251725 (c) Sworn statements submitted in paper format for those
17261726 persons recognized by the chair to address the committee shall
17271727 accompany the copy of the minutes of the meeting filed with the
17281728 committee coordinator.
17291729 (d) All persons, other than members, recognized by the chair
17301730 to address the committee shall give their testimony under oath, and
17311731 each committee may avail itself of additional powers and
17321732 prerogatives authorized by law.
17331733 (e) The committee shall ensure that an individual who is
17341734 blind receives any necessary assistance in executing the sworn
17351735 statement.
17361736 (f) The committee shall inform a witness who is blind which
17371737 members of the committee are present when the witness begins to
17381738 testify and shall inform the witness during the testimony of the
17391739 departure and arrival of committee members.
17401740 (g) The chair may recognize a witness who has been invited
17411741 by the committee to attend the meeting but is not present in the
17421742 same physical location as the committee to testify before the
17431743 committee through an Internet or other videoconferencing system if:
17441744 (1) the witness has executed a sworn statement, in
17451745 electronic or paper format, under this section;
17461746 (2) the witness has filed the statement or a copy of
17471747 the statement with the chair before testifying; and
17481748 (3) two-way communication has been enabled to allow
17491749 the witness to be clearly visible and audible to the committee
17501750 members and the committee members to be clearly visible and audible
17511751 to the witness.
17521752 (h) A person who serves as a translator, including an
17531753 interpreter, for a witness before a committee must execute a form
17541754 prescribed by the committee coordinator, under the direction of the
17551755 Committee on House Administration. The form must at least include
17561756 the name of the translator and the name of the witness whom the
17571757 translator is serving.
17581758 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
17591759 By a record vote of not less than two-thirds of those present and
17601760 voting, a quorum being present, each standing committee shall have
17611761 the power and authority to issue process to witnesses at any place
17621762 in the State of Texas, to compel their attendance, and to compel the
17631763 production of all books, records, and instruments. If necessary to
17641764 obtain compliance with subpoenas or other process, the committee
17651765 shall have the power to issue writs of attachment. All process
17661766 issued by the committee may be addressed to and served by an agent
17671767 of the committee or a sergeant-at-arms appointed by the committee
17681768 or by any peace officer of the State of Texas. The committee shall
17691769 also have the power to cite and have prosecuted for contempt, in the
17701770 manner provided by law, anyone disobeying the subpoenas or other
17711771 process lawfully issued by the committee. The chair of the
17721772 committee shall issue, in the name of the committee, the subpoenas
17731773 and other process as the committee may direct.
17741774 (b) The chair may summon the governing board or other
17751775 representatives of a state agency to appear and testify before the
17761776 committee without issuing process under Subsection (a) of this
17771777 section. The summons may be communicated in writing, orally, or
17781778 electronically. If the persons summoned fail or refuse to appear,
17791779 the committee may issue process under Subsection (a) of this
17801780 section.
17811781 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
17821782 prior approval by the Committee on House Administration, witnesses
17831783 attending proceedings of any committee under process of the
17841784 committee shall be allowed the same mileage and per diem as are
17851785 allowed members of the committee when in a travel status, to be paid
17861786 out of the contingent expense fund of the house of representatives
17871787 on vouchers approved by the chair of the committee, the chair of the
17881788 Committee on House Administration, and the speaker of the house.
17891789 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
17901790 Each committee is authorized to request the assistance, when
17911791 needed, of all state departments, agencies, and offices, and it
17921792 shall be the duty of the departments, agencies, and offices to
17931793 assist the committee when requested to do so. Each committee shall
17941794 have the power and authority to inspect the records, documents, and
17951795 files of every state department, agency, and office, to the extent
17961796 necessary to the discharge of its duties within the area of its
17971797 jurisdiction.
17981798 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
17991799 meeting of a committee, the chair may recognize a member of the
18001800 house who is not a member of the committee to provide information to
18011801 the committee, and may recognize a member of the senate for that
18021802 purpose. Recognition is solely within the discretion of the chair
18031803 and is not subject to appeal by that member.
18041804 CHAPTER C. COMMITTEE FUNCTIONS
18051805 Sec. 24. INTERIM STUDIES AND HEARINGS. (a) Standing
18061806 committees, en banc or by subcommittees, are hereby authorized to
18071807 conduct studies that are authorized by the speaker pursuant to Rule
18081808 1, Section 17. Studies may not be authorized by resolution. The
18091809 speaker may appoint public citizens and officials of state and
18101810 local governments to standing committees to augment the membership
18111811 for the purpose of interim studies and shall provide a list of such
18121812 appointments to the chief clerk. The chair of the standing
18131813 committee shall have authority to name the subcommittees necessary
18141814 and desirable for the conduct of the interim studies and shall also
18151815 prepare a budget for interim studies for approval by the Committee
18161816 on House Administration.
18171817 (b) The Committee on Appropriations shall hold one or more
18181818 public hearings to examine the requests for legislative
18191819 appropriations submitted by each major state agency and institution
18201820 of higher education under Section 322.007, Government Code, and any
18211821 other law, to the Legislative Budget Board following sine die
18221822 adjournment of the regular session. The committee may require the
18231823 head or any employee of an agency or institution submitting a
18241824 request to appear at a public hearing and present information about
18251825 the request. A subcommittee may perform the committee's duties
18261826 under this subsection as determined by the chair of the committee.
18271827 As used in this subsection, "major state agency" means an agency for
18281828 which the most recent general appropriations act made an
18291829 appropriation in the amount of $40 million or more.
18301830 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
18311831 CALENDAR. No motion is in order in a committee considering a bill,
18321832 resolution, or other matter that would prevent the committee from
18331833 reporting it back to the house or placing it on a calendar in
18341834 accordance with the Rules of the House.
18351835 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
18361836 committee on bills or resolutions referred to it shall be
18371837 considered as final unless it is in the form of a favorable report,
18381838 an unfavorable report, or a report of inability to recommend a
18391839 course of action.
18401840 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
18411841 committee to report favorably or unfavorably must receive
18421842 affirmative majority votes, majority negative votes to either
18431843 motion being insufficient to report. If a committee is unable to
18441844 agree on a recommendation for action, as in the case of a tie vote,
18451845 it should submit a statement of this fact as its report, and the
18461846 house shall decide, by a majority vote, the disposition of the
18471847 matter by one of the following alternatives:
18481848 (1) leave the bill in the committee for further
18491849 consideration;
18501850 (2) refer the bill to some other committee; or
18511851 (3) order the bill printed, in which case the bill
18521852 shall go to the Committee on Calendars for placement on a calendar
18531853 and for proposal of an appropriate rule for house consideration.
18541854 Sec. 28. MINORITY REPORTS. The report of a minority of a
18551855 committee shall be made in the same general form as a majority
18561856 report. No minority report shall be recognized by the house unless
18571857 it has been signed by not less than 4 members of a committee
18581858 consisting of 21 or more members, 3 members of a committee
18591859 consisting of less than 21 members and more than 10 members, or 2
18601860 members of a committee consisting of 10 or less members. Only
18611861 members who were present when the vote was taken on the bill,
18621862 resolution, or other matter being reported, and who voted on the
18631863 losing side, may sign a minority report. Notice of intention to
18641864 file a minority report shall be given to the assembled committee
18651865 after the vote on the bill, resolution, or other matter, and before
18661866 the recess or adjournment of the committee, provided ample
18671867 opportunity is afforded for the giving of notice; otherwise, notice
18681868 may be given in writing to the chief clerk within 24 hours after the
18691869 recess or adjournment of the committee.
18701870 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
18711871 majority report on a bill is unfavorable, and a favorable minority
18721872 report is not signed in accordance with Section 28 of this rule and
18731873 filed with the chief clerk within two calendar days, exclusive of
18741874 Sunday and the date of committee action, the chief clerk shall file
18751875 the bill away as dead; except during the last 15 calendar days of a
18761876 regular session, or the last 7 calendar days of a special session,
18771877 when the chief clerk shall hold a bill only one calendar day,
18781878 exclusive of Sunday and the date of committee action, awaiting the
18791879 filing of a minority report before the bill is filed away as dead.
18801880 If the favorable minority report is properly signed and filed, the
18811881 chief clerk shall hold the bill for five legislative days,
18821882 exclusive of the legislative day in which the minority report was
18831883 filed, awaiting adoption by the house of a motion to print the bill
18841884 on minority report. If the motion to print is carried, the bill
18851885 shall be printed as if it had been reported favorably, and shall
18861886 then be immediately forwarded to the Committee on Calendars for
18871887 placement on a calendar and for proposal of an appropriate rule for
18881888 house consideration. If a motion to print a bill on minority report
18891889 is not made within the five legislative days authorized above, the
18901890 chief clerk shall file the bill away as dead. It shall not be in
18911891 order to move to recommit a bill adversely reported with no minority
18921892 report, except as provided in Section 30 of this rule. A two-thirds
18931893 vote of the house shall be required to print on minority report a
18941894 joint resolution proposing an amendment to the Constitution of
18951895 Texas.
18961896 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
18971897 AUTHOR. No adverse report shall be made on any bill or resolution
18981898 by any committee without first giving the author or sponsor of the
18991899 bill an opportunity to be heard. If it becomes evident to the house
19001900 that a bill has been reported adversely without the author or
19011901 sponsor having had an opportunity to be heard as provided in this
19021902 section, the house may, by a majority vote, order the bill
19031903 recommitted even though no minority report was filed in the manner
19041904 prescribed by the rules. This provision shall have precedence over
19051905 Rule 7, Section 20.
19061906 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
19071907 reported adversely, it shall be subject to the same rules that
19081908 govern other bills reported adversely.
19091909 Sec. 32. FORM OF REPORTS. (a) Reports of standing
19101910 committees on bills and resolutions shall be made in duplicate,
19111911 with one copy to be filed with the journal clerk for printing in the
19121912 journal and the other to accompany the original bill.
19131913 (b) All committee reports must be in writing and shall:
19141914 (1) be signed by the chair, or the member acting as
19151915 chair, or a majority of the membership of the committee;
19161916 (2) be addressed to the speaker;
19171917 (3) contain a statement of the recommendations of the
19181918 committee with reference to the matter which is the subject of the
19191919 report;
19201920 (4) contain the date the committee made its
19211921 recommendation;
19221922 (5) indicate whether a copy of a bill or resolution was
19231923 forwarded to the Legislative Budget Board for preparation of a
19241924 fiscal note or other impact statement, if applicable;
19251925 (6) contain the record vote by which the report was
19261926 adopted, including the vote of each member of the committee;
19271927 (7) contain the recommendation that the bill or
19281928 resolution be sent to the Committee on Local and Consent Calendars
19291929 for placement on the local, consent, and resolutions calendar if
19301930 applicable;
19311931 (8) state the name of the primary house sponsor of all
19321932 senate bills and resolutions and indicate the names of all joint
19331933 sponsors or cosponsors;
19341934 (9) include a summary of the committee hearing on the
19351935 bill or resolution;
19361936 (10) include a list of the names of the persons, other
19371937 than members of the legislature, and persons or entities
19381938 represented by those persons, who submitted to the committee sworn
19391939 statements indicating that the persons were present in favor of, in
19401940 opposition to, or without taking a position on the bill or
19411941 resolution. The omission from the list of the name of a person who
19421942 submitted a sworn statement regarding a bill or resolution but who
19431943 was not recognized by the chair to address the committee is not
19441944 subject to a point of order;
19451945 (11) for a joint resolution proposing a constitutional
19461946 amendment, include the bill number of any enabling legislation for
19471947 the constitutional amendment designated as such by the author or
19481948 sponsor of the joint resolution;
19491949 (12) for a bill that is designated by the author or
19501950 sponsor of the bill as enabling legislation for a constitutional
19511951 amendment proposed by a joint resolution, include the number of the
19521952 joint resolution; and
19531953 (13) contain a copy of each form executed by a
19541954 translator for a witness as required by Section 20(h) of this rule.
19551955 (c) Except for the general appropriations bill, each
19561956 committee report on a bill or joint resolution, including a
19571957 complete committee substitute, and, to the extent considered
19581958 necessary by the committee, a committee report on any other
19591959 resolution, must include in summary or section-by-section form a
19601960 detailed analysis of the subject matter of the bill or resolution,
19611961 specifically including:
19621962 (1) background information on the proposal and
19631963 information on what the bill or resolution proposes to do;
19641964 (2) an analysis of the content of the bill or
19651965 resolution, including a separate statement that lists each statute
19661966 or constitutional provision that is expressly repealed by the bill
19671967 or resolution;
19681968 (3) a statement indicating whether or not any
19691969 rulemaking authority is expressly delegated to a state officer,
19701970 department, agency, or institution, and, if so, identifying the
19711971 sections of the measure in which that rulemaking authority is
19721972 delegated;
19731973 (4) a statement indicating whether or not the bill or
19741974 resolution expressly creates a criminal offense, expressly
19751975 increases the punishment for an existing criminal offense or
19761976 category of offenses, or expressly changes the eligibility of a
19771977 person for community supervision, parole, or mandatory
19781978 supervision;
19791979 (5) a statement of substantial differences between a
19801980 complete committee substitute and the original bill; and
19811981 (6) a brief explanation of each amendment adopted by
19821982 the committee.
19831983 (d) The committee to which the bill or resolution is
19841984 referred may request the Texas Legislative Council to prepare the
19851985 analysis required by Subsection (c) of this section.
19861986 (e) A committee chair shall provide to the author of a house
19871987 measure a copy of the analysis required by Subsection (c) of this
19881988 section as soon as the analysis is complete.
19891989 (f) The author of a bill or resolution may request that an
19901990 analysis prepared for purposes of this section include a statement
19911991 written by the author that includes any additional information that
19921992 the author considers appropriate.
19931993 (g) It shall be the duty of the committee chair, on all
19941994 matters reported by the committee, to see that all provisions of
19951995 Rule 12 are satisfied. The chair shall strictly construe this
19961996 provision to achieve the desired purposes.
19971997 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
19981998 committee determines that a bill or joint resolution, other than
19991999 the general appropriations bill, authorizes or requires the
20002000 expenditure or diversion of state funds for any purpose, the chair
20012001 shall send a copy of the measure to the Legislative Budget Board for
20022002 the preparation of a fiscal note outlining the fiscal implications
20032003 and probable cost of the measure.
20042004 (b) If the chair of a standing committee determines that a
20052005 bill or joint resolution has statewide impact on units of local
20062006 government of the same type or class and authorizes or requires the
20072007 expenditure or diversion of local funds, or creates or impacts a
20082008 local tax, fee, license charge, or penalty, the chair shall send a
20092009 copy of the measure to the Legislative Budget Board for the
20102010 preparation of a fiscal note outlining the fiscal implications and
20112011 probable cost of the measure.
20122012 (c) In preparing a fiscal note, the director of the
20132013 Legislative Budget Board may utilize information or data supplied
20142014 by any person, agency, organization, or governmental unit that the
20152015 director deems reliable. If the director determines that the fiscal
20162016 implications of the measure cannot be ascertained, the director
20172017 shall so state in the fiscal note, shall when reasonably
20182018 ascertainable provide an estimated range of the fiscal
20192019 implications, and shall include in the note a statement of the
20202020 reasons the director is unable to ascertain the fiscal implications
20212021 of the measure, in which case the fiscal note shall be in full
20222022 compliance with the rules. If the director of the Legislative
20232023 Budget Board is unable to acquire or develop sufficient information
20242024 to prepare the fiscal note within 15 days of receiving the measure
20252025 from the chair of a committee, the director shall so state in the
20262026 fiscal note, shall when reasonably ascertainable provide an
20272027 estimated range of the fiscal implications, and shall include in
20282028 the note a statement of the reasons the director is unable to
20292029 acquire or develop sufficient information, in which case the note
20302030 shall be in full compliance with the rules.
20312031 (d) If the chair determines that a fiscal note is required,
20322032 copies of the fiscal note must be distributed to the members of the
20332033 committee not later than the first time the measure is laid out in a
20342034 committee meeting. The fiscal note shall be attached to the measure
20352035 on first printing. If the measure is amended by the committee so as
20362036 to alter its fiscal implications, the chair shall obtain an updated
20372037 fiscal note, which shall also be attached to the measure on first
20382038 printing.
20392039 (e) All fiscal notes shall remain with the measure
20402040 throughout the entire legislative process, including submission to
20412041 the governor.
20422042 (f) All fiscal notes must include in the summary box on the
20432043 first page of the fiscal note a statement that indicates whether the
20442044 bill or joint resolution will have fiscal implications or probable
20452045 costs in any year.
20462046 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
20472047 this section that all members of the house are timely informed as to
20482048 the impact of proposed legislation on the state or other unit of
20492049 government.
20502050 (a-1) The chair of the appropriations committee shall send a
20512051 copy of the general appropriations bill to the Legislative Budget
20522052 Board for the preparation of a dynamic economic impact statement,
20532053 specifically including the number of state employees to be affected
20542054 and the estimated impact on employment by the private sector and
20552055 local governments in Texas as a result of any change in state
20562056 expenditures made by the bill as compared to the biennium preceding
20572057 the biennium to which the bill applies.
20582058 (b) If the chair of a standing committee determines that a
20592059 bill or joint resolution:
20602060 (1) authorizes or requires a change in the sanctions
20612061 applicable to adults convicted of felony crimes, the chair shall
20622062 send a copy of the measure to the Legislative Budget Board for the
20632063 preparation of a criminal justice policy impact statement;
20642064 (2) authorizes or requires a change in the public
20652065 school finance system, the chair shall send a copy of the measure to
20662066 the Legislative Budget Board for the preparation of an equalized
20672067 education funding impact statement;
20682068 (3) proposes to change benefits or participation in
20692069 benefits of a public retirement system or change the financial
20702070 obligations of a public retirement system, the chair shall send a
20712071 copy of the measure to the Legislative Budget Board for the
20722072 preparation of an actuarial impact statement in cooperation with
20732073 the State Pension Review Board;
20742074 (4) proposes to create a water district under the
20752075 authority of Article XVI, Section 59, of the Texas Constitution,
20762076 the chair shall send a copy of the measure to the Legislative Budget
20772077 Board for the preparation of a water development policy impact
20782078 statement; or
20792079 (5) creates or impacts a state tax or fee, the chair
20802080 shall send a copy of the measure to the Legislative Budget Board for
20812081 the preparation of a tax equity note that estimates the general
20822082 effects of the proposal on the distribution of tax and fee burdens
20832083 among individuals and businesses.
20842084 (c) In preparing an impact statement, the director of the
20852085 Legislative Budget Board may utilize information or data supplied
20862086 by any person, agency, organization, or governmental unit that the
20872087 director deems reliable. If the director determines that the
20882088 particular implications of the measure cannot be ascertained, the
20892089 director shall so state in the impact statement, in which case the
20902090 impact statement shall be in full compliance with the rules.
20912091 (d) An impact statement is not required to be present before
20922092 a measure is laid out in a committee meeting. If timely received,
20932093 the impact statement shall be attached to the measure on first
20942094 printing. If the measure is amended by the committee so as to alter
20952095 its particular implications, the chair shall obtain an updated
20962096 impact statement. If timely received, the updated impact statement
20972097 shall also be attached to the measure on first printing.
20982098 (e) An impact statement that is received after the first
20992099 printing of a measure has been distributed to the members shall be
21002100 forwarded by the chair of the committee to the committee
21012101 coordinator. The committee coordinator shall have the impact
21022102 statement printed and distributed to the members.
21032103 (f) All impact statements received shall remain with the
21042104 measure throughout the entire legislative process, including
21052105 submission to the governor.
21062106 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
21072107 RESOLUTIONS. Committee reports on house and concurrent
21082108 resolutions shall be made in the same manner and shall follow the
21092109 same procedure as provided for bills, subject to any differences
21102110 otherwise authorized or directed by the rules.
21112111 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
21122112 action by the house is necessary on the report of a standing
21132113 committee. The bill, resolution, or proposition recommended or
21142114 reported by the committee shall automatically be before the house
21152115 for its consideration after the bill or resolution has been
21162116 referred to the appropriate calendars committee for placement on a
21172117 calendar and for proposal of an appropriate rule for house
21182118 consideration.
21192119 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
21202120 committee reports on bills or resolutions shall be immediately
21212121 referred to the committee coordinator. The chair of the committee
21222122 shall be responsible for delivery of the report to the committee
21232123 coordinator.
21242124 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
21252125 COMMITTEES. After printing, the chief clerk shall be responsible
21262126 for delivery of a certified copy of the committee report to the
21272127 appropriate calendars committee, which committee shall immediately
21282128 accept the bill or resolution for placement on a calendar and for
21292129 the proposal of an appropriate rule for house consideration.
21302130 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
21312131 shall provide notice to each member at the member's designated
21322132 Capitol e-mail address when a committee report under Section 38 of
21332133 this rule on a bill extending an agency, commission, or advisory
21342134 committee under the Texas Sunset Act has been printed or posted and
21352135 is available to be distributed to the appropriate calendars
21362136 committee.
21372137 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
21382138 power to amend, delete, or change in any way the nature, purpose, or
21392139 content of any bill or resolution referred to it, but may draft and
21402140 recommend amendments to it, which shall become effective only if
21412141 adopted by a majority vote of the house.
21422142 Sec. 40. SUBSTITUTES. The committee may adopt and report a
21432143 complete germane committee substitute containing the title,
21442144 enacting clause, and text of the bill in lieu of an original bill,
21452145 in which event the complete substitute bill on committee report
21462146 shall be laid before the house and shall be the matter then before
21472147 the house for its consideration, instead of the original bill. If
21482148 the substitute bill is defeated at any legislative stage, the bill
21492149 is considered not passed.
21502150 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
21512151 raised that a complete committee substitute is not germane, in
21522152 whole or in part, and the point of order is sustained, the committee
21532153 substitute shall be returned to the Committee on Calendars, which
21542154 may have the original bill printed and distributed and placed on a
21552155 calendar in lieu of the substitute or may return the original bill
21562156 to the committee from which it was reported for further action.
21572157 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
21582158 REPORT. Should the author or sponsor of the bill, resolution, or
21592159 other proposal not be satisfied with the final recommendation or
21602160 form of the committee report, the member shall have the privilege of
21612161 offering on the floor of the house such amendments or changes as he
21622162 or she considers necessary and desirable, and those amendments or
21632163 changes shall be given priority during the periods of time when
21642164 original amendments are in order under the provisions of Rule 11,
21652165 Section 7.
21662166 CHAPTER D. SUBCOMMITTEES
21672167 Sec. 43. JURISDICTION. Each committee is authorized to
21682168 conduct its activities and perform its work through the use of
21692169 subcommittees as shall be determined by the chair of the committee.
21702170 Subcommittees shall be created, organized, and operated in such a
21712171 way that the subject matter and work area of each subcommittee shall
21722172 be homogeneous and shall pertain to related governmental
21732173 activities. The size and jurisdiction of each subcommittee shall
21742174 be determined by the chair of the committee.
21752175 Sec. 44. MEMBERSHIP. The chair of each standing committee
21762176 shall appoint from the membership of the committee the members who
21772177 are to serve on each subcommittee. Any vacancy on a subcommittee
21782178 shall be filled by appointment of the chair of the standing
21792179 committee. The chair and vice-chair of each subcommittee shall be
21802180 named by the chair of the committee.
21812181 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
21822182 Procedure of the House of Representatives, to the extent
21832183 applicable, shall govern the hearings and operations of each
21842184 subcommittee. Subject to the foregoing, and to the extent
21852185 necessary for orderly transaction of business, each subcommittee
21862186 may promulgate and adopt additional rules and procedures by which
21872187 it will function.
21882188 Sec. 46. QUORUM. A majority of a subcommittee shall
21892189 constitute a quorum, and no action or recommendation of a
21902190 subcommittee shall be valid unless taken at a meeting with a quorum
21912191 actually present. All reports of a subcommittee must be approved by
21922192 record vote by a majority of the membership of the subcommittee.
21932193 Minutes of the subcommittee shall be maintained in a manner similar
21942194 to that required by the rules for standing committees. Proxies
21952195 cannot be used in subcommittees.
21962196 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
21972197 the area of its jurisdiction, shall have all of the power,
21982198 authority, and rights granted by the Rules of Procedure of the House
21992199 of Representatives to the standing committee, except subpoena
22002200 power, to the extent necessary to discharge the duties and
22012201 responsibilities of the subcommittee.
22022202 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
22032203 SUBCOMMITTEE. All bills and resolutions referred to a standing
22042204 committee shall be reviewed by the chair to determine appropriate
22052205 disposition of the bills and resolutions. All bills and
22062206 resolutions shall be considered by the entire standing committee
22072207 unless the chair of that standing committee determines to refer the
22082208 bills and resolutions to subcommittee. If a bill or resolution is
22092209 referred by the chair of the standing committee to a subcommittee,
22102210 it shall be considered by the subcommittee in the same form in which
22112211 the measure was referred to the standing committee, and any action
22122212 taken by the standing committee on a proposed amendment or
22132213 committee substitute before a measure is referred to subcommittee
22142214 is therefore voided at the time the measure is referred to
22152215 subcommittee. The subcommittee shall be charged with the duty and
22162216 responsibility of conducting the hearing, doing research, and
22172217 performing such other functions as the subcommittee or its parent
22182218 standing committee may determine. All meetings of the subcommittee
22192219 shall be scheduled by the subcommittee chair, with appropriate
22202220 public notice and notification of each member of the subcommittee
22212221 under the same rules of procedure as govern the conduct of the
22222222 standing committee.
22232223 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
22242224 deliberations on a bill, resolution, or other matter referred to
22252225 it, the subcommittee may prepare a written report, comprehensive
22262226 in nature, for submission to the full committee. The report shall
22272227 include background material as well as recommended action and shall
22282228 be accompanied by a complete draft of the bill, resolution, or other
22292229 proposal in such form as the subcommittee shall determine.
22302230 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
22312231 reports shall be directed to the chair of the committee, who shall
22322232 schedule meetings of the standing committee from time to time as
22332233 necessary and appropriate for the reception of subcommittee reports
22342234 and for action on reports by the standing committee. No
22352235 subcommittee report shall be scheduled for action by the standing
22362236 committee until at least 24 hours after a copy of the subcommittee
22372237 report is provided to each member of the standing committee.
22382238 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
22392239 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
22402240 HOUSE. The house may resolve itself into a committee of the whole
22412241 house to consider any matter referred to it by the house. In
22422242 forming a committee of the whole house, the speaker shall vacate the
22432243 chair and shall appoint a chair to preside in committee.
22442244 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
22452245 the proceedings of the house and those governing committees shall
22462246 be observed in committees of the whole, to the extent that they are
22472247 applicable.
22482248 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
22492249 WHOLE. (a) It shall be in order to move a call of the committee of
22502250 the whole at any time to secure and maintain a quorum for the
22512251 following purposes:
22522252 (1) for the consideration of a certain or specific
22532253 matter; or
22542254 (2) for a definite period of time; or
22552255 (3) for the consideration of any designated class of
22562256 bills.
22572257 (b) When a call of the committee of the whole is moved and
22582258 seconded by 10 members, of whom the chair may be one, and is ordered
22592259 by majority vote, the main entrance of the hall and all other doors
22602260 leading out of the hall shall be locked, and no member shall be
22612261 permitted to leave the hall without written permission. Other
22622262 proceedings under a call of the committee shall be the same as under
22632263 a call of the house.
22642264 Sec. 54. HANDLING OF A BILL. A bill committed to a
22652265 committee of the whole house shall be handled in the same manner as
22662266 in any other committee. The body of the bill shall not be defaced or
22672267 interlined, but all amendments shall be duly endorsed by the chief
22682268 clerk as they are adopted by the committee, and so reported to the
22692269 house. When a bill is reported by the committee of the whole house
22702270 it shall be referred immediately to the appropriate calendars
22712271 committee for placement on the appropriate calendar and shall
22722272 follow the same procedure as any other bill on committee report.
22732273 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
22742274 event that the committee of the whole, at any sitting, fails to
22752275 complete its work on any bill or resolution under consideration for
22762276 lack of time, or desires to take any action on that measure that is
22772277 permitted under the rules for other committees, it may, on a motion
22782278 made and adopted by majority vote, rise, report progress, and ask
22792279 leave of the house to sit again generally, or at a time certain.
22802280 CHAPTER F. SELECT AND INTERIM STUDY COMMITTEES
22812281 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
22822282 committees made during a session shall be filed with the chief clerk
22832283 and printed in the journal, unless otherwise determined by the
22842284 house.
22852285 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
22862286 the speaker may create interim study committees to conduct studies
22872287 by issuing a proclamation for each committee, which shall specify
22882288 the issue to be studied, committee membership, and any additional
22892289 authority and duties. A copy of each proclamation creating an
22902290 interim study committee shall be filed with the chief clerk. An
22912291 interim study committee expires on release of its final report or
22922292 when the next legislature convenes, whichever is earlier. An
22932293 interim study committee may not be created by resolution.
22942294 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
22952295 appoint all members of an interim study committee, which may
22962296 include public citizens and officials of state and local
22972297 governments. The speaker shall also designate the chair and
22982298 vice-chair and may authorize the chair to create subcommittees and
22992299 appoint citizen advisory committees.
23002300 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
23012301 the proceedings of the house and those governing standing
23022302 committees shall be observed by an interim study committee, to the
23032303 extent that they are applicable. An interim study committee shall
23042304 have the power to issue process and to request assistance of state
23052305 agencies as provided for a standing committee in Sections 21, 22,
23062306 and 23 of this rule.
23072307 Sec. 60. FUNDING AND STAFF. An interim study committee
23082308 shall use existing staff resources of its members, standing
23092309 committees, house offices, and legislative service agencies. The
23102310 chair of an interim study committee shall prepare a detailed budget
23112311 for approval by the speaker and the Committee on House
23122312 Administration. An interim study committee may accept gifts,
23132313 grants, and donations for the purpose of funding its activities as
23142314 provided by Sections 301.032(b) and (c), Government Code.
23152315 Sec. 61. STUDY REPORTS. (a) The final report or
23162316 recommendations of an interim study committee shall be approved by
23172317 a majority of the committee membership. Dissenting members may
23182318 attach statements to the final report.
23192319 (b) An interim study committee shall submit the committee's
23202320 final report to the committee coordinator in the manner prescribed
23212321 by the committee coordinator. The committee coordinator shall:
23222322 (1) distribute copies of the final report to the
23232323 speaker, the Legislative Reference Library, and other appropriate
23242324 agencies; and
23252325 (2) make a copy of the final report available on the
23262326 house's Internet website.
23272327 (c) This section shall also apply to interim study reports
23282328 of standing committees.
23292329 Sec. 62. JOINT HOUSE AND SENATE INTERIM
23302330 STUDIES. Procedures may be established by a concurrent resolution
23312331 adopted by both houses, by which the speaker may authorize and
23322332 appoint, jointly with the senate, committees to conduct interim
23332333 studies. A copy of the authorization for and the appointments to a
23342334 joint interim study committee shall be filed with the chief clerk.
23352335 Individual joint interim study committees may not be authorized or
23362336 created by resolution.
23372337 RULE 5. FLOOR PROCEDURE
23382338 CHAPTER A. QUORUM AND ATTENDANCE
23392339 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
23402340 quorum to do business.
23412341 Sec. 2. ROLL CALLS. On every roll call or registration,
23422342 the names of the members shall be called or listed, as the case may
23432343 be, alphabetically by surname, except when two or more have the same
23442344 surname, in which case the initials of the members shall be added.
23452345 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
23462346 from the sessions of the house without leave, and no member shall be
23472347 excused on his or her own motion.
23482348 (b) A leave of absence may be granted by a majority vote of
23492349 the house and may be revoked at any time by a similar vote.
23502350 (c) Any member granted a leave of absence due to a meeting of
23512351 a committee or conference committee that has authority to meet
23522352 while the house is in session shall be so designated on each roll
23532353 call or registration for which that member is excused.
23542354 (d) If a member is absent without leave for the purpose of
23552355 impeding the action of the house, the member is subject to one or
23562356 more of the following:
23572357 (1) fines as provided by this section;
23582358 (2) payment of costs incurred by the sergeant-at-arms;
23592359 (3) reprimand;
23602360 (4) censure; or
23612361 (5) expulsion in the manner prescribed by Section 11,
23622362 Article III, Texas Constitution.
23632363 (e) Unless the house excuses the payment by a majority vote,
23642364 each member who is absent without leave is liable to the house for:
23652365 (1) a fine in the amount of $500 for each calendar day
23662366 of absence; and
23672367 (2) the member's pro rata share of the costs incurred
23682368 by the sergeant-at-arms to secure the attendance of absentees.
23692369 (f) The Committee on House Administration shall notify a
23702370 member of the total amount of fines and costs for which payment is
23712371 not excused. A member must pay the amount stated in the committee's
23722372 notice by making payment of that amount to the House Business
23732373 Office not later than the third business day of the first calendar
23742374 month after the date of the committee's notice. A member may not
23752375 make any payment from funds in the member's operating account or
23762376 from funds accepted as political contributions under Title 15,
23772377 Election Code. If a member does not make full payment as required
23782378 by this subsection, the committee shall direct the House Business
23792379 Office to reduce the amount of the monthly credit to the member's
23802380 operating account established under the housekeeping resolution by
23812381 30 percent in each month that any amount of a fine remains past due
23822382 and owing. When a member has made full payment as required by this
23832383 subsection, the committee shall direct the House Business Office
23842384 to restore the impounded funds to the member's operating account
23852385 subject to any limitations on the carrying forward of unexpended
23862386 funds established by the housekeeping resolution.
23872387 (g) Before a member is expelled under this section, the
23882388 matter shall be referred to the Committee on House Administration
23892389 for investigation and report. A report issued under this
23902390 subsection shall not be considered by the house until a printed copy
23912391 of the report has been provided to each member of the house at least
23922392 24 hours before consideration.
23932393 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
23942394 present and fails or refuses to record on a roll call after being
23952395 requested to do so by the speaker shall be recorded as present by
23962396 the speaker and shall be counted for the purpose of making a quorum.
23972397 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
23982398 order of "No Quorum" shall not be accepted by the chair if the last
23992399 roll call showed the presence of a quorum, provided the last roll
24002400 call was taken within two hours of the time the point of order is
24012401 raised.
24022402 (b) If the last roll call was taken more than two hours
24032403 before the point of order is raised, it shall be in order for the
24042404 member who raised the point of order to request a roll call. Such a
24052405 request must be seconded by 25 members. If the request for a roll
24062406 call is properly seconded, the chair shall order a roll call.
24072407 (c) Once a point of order has been made that a quorum is not
24082408 present, it may not be withdrawn after the absence of a quorum has
24092409 been ascertained and announced.
24102410 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
24112411 registration or record vote reveals that a quorum is not present,
24122412 only a motion to adjourn or a motion for a call of the house and the
24132413 motions incidental thereto shall be in order.
24142414 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
24152415 to move a call of the house at any time to secure and maintain a
24162416 quorum for one of the following purposes:
24172417 (1) for the consideration of a specific bill,
24182418 resolution, motion, or other measure;
24192419 (2) for the consideration of any designated class of
24202420 bills; or
24212421 (3) for a definite period of time.
24222422 Motions for, and incidental to, a call of the house are not
24232423 debatable.
24242424 Sec. 8. SECURING A QUORUM. When a call of the house is moved
24252425 for one of the above purposes and seconded by 15 members (of whom
24262426 the speaker may be one) and ordered by a majority vote, the main
24272427 entrance to the hall and all other doors leading out of the hall
24282428 shall be locked and no member permitted to leave the house without
24292429 the written permission of the speaker. The names of members present
24302430 shall be recorded. All absentees for whom no sufficient excuse is
24312431 made may, by order of a majority of those present, be sent for and
24322432 arrested, wherever they may be found, by the sergeant-at-arms or an
24332433 officer appointed by the sergeant-at-arms for that purpose, and
24342434 their attendance shall be secured and retained. The house shall
24352435 determine on what conditions they shall be discharged. Members who
24362436 voluntarily appear shall, unless the house otherwise directs, be
24372437 immediately admitted to the hall of the house and shall report their
24382438 names to the clerk to be entered in the journal as present.
24392439 Until a quorum appears, should the roll call fail to show one
24402440 present, no business shall be transacted, except to compel the
24412441 attendance of absent members or to adjourn. It shall not be in
24422442 order to recess under a call of the house.
24432443 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
24442444 shown to be present, the house may proceed with the matters on which
24452445 the call was ordered, or may enforce the call and await the
24462446 attendance of as many of the absentees as it desires. When the
24472447 house proceeds to the business on which the call was ordered, it
24482448 may, by a majority vote, direct the sergeant-at-arms to cease
24492449 bringing in absent members.
24502450 Sec. 10. REPEATING A RECORD VOTE. When a record vote
24512451 reveals the lack of a quorum, and a call is ordered to secure one, a
24522452 record vote shall again be taken when the house resumes business
24532453 with a quorum present.
24542454 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
24552455 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
24562456 persons shall be entitled to the privileges of the floor of the
24572457 house when the house is in session: members of the house; employees
24582458 of the house when performing their official duties as determined by
24592459 the Committee on House Administration; members of the senate;
24602460 employees of the senate when performing their official duties; the
24612461 Governor of Texas and the governor's chief of staff and director of
24622462 legislative affairs; the lieutenant governor; the secretary of
24632463 state; duly accredited media representatives as permitted by
24642464 Section 20 of this rule; contestants in election cases pending
24652465 before the house; and immediate families of the members of the
24662466 legislature on such special occasions as may be determined by the
24672467 Committee on House Administration.
24682468 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
24692469 persons shall be admitted to the area on the floor of the house
24702470 enclosed by the railing when the house is in session: members of the
24712471 house; members of the senate; the governor; the lieutenant
24722472 governor; officers and employees of the senate and house when those
24732473 officers and employees are actually engaged in performing their
24742474 official duties as determined by the Committee on House
24752475 Administration; spouses of members of the house on such occasions
24762476 as may be determined by the Committee on House Administration; and,
24772477 within the area specifically designated for media representatives,
24782478 duly accredited media representatives as permitted by Section 20 of
24792479 this rule.
24802480 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
24812481 and collectors shall not be admitted to the floor of the house while
24822482 the house is in session.
24832483 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
24842484 invite a person to address the house while it is in session shall be
24852485 in order only if the person invited is entitled to the privileges of
24862486 the floor as defined by Section 11 of this rule and if no business is
24872487 pending before the house.
24882488 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
24892489 a member of the legislature, who is lobbying or working for or
24902490 against any pending or prospective legislative measure shall be
24912491 permitted on the floor of the house or in the adjacent rooms while
24922492 the house is in session.
24932493 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
24942494 admitted to the floor of the house under the rules, except the
24952495 governor or a member of the legislature, lobbies or works for or
24962496 against any pending or prospective legislation or violates any of
24972497 the other rules of the house, the privileges extended to that person
24982498 under the rules shall be suspended by a majority vote of the
24992499 Committee on House Administration. The action of the committee
25002500 shall be reviewable by the house only if two members of the
25012501 committee request an appeal from the decision of the committee. The
25022502 request shall be in the form of a minority report and shall be
25032503 subject to the same rules that are applicable to minority reports on
25042504 bills. Suspension shall remain in force until the accused person
25052505 purges himself or herself and comes within the rules, or until the
25062506 house, by majority vote, reverses the action of the committee.
25072507 Sec. 17. MEMBERS' LOUNGE PRIVILEGES. Only the following
25082508 persons shall be admitted to the members' lounge at any
25092509 time: members of the house; members of the senate; and former
25102510 members of the house and senate who are not engaged in any form of
25112511 employment requiring them to lobby or work for or against any
25122512 pending or prospective legislative measures.
25132513 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
25142514 shall be the duty of the Committee on House Administration to
25152515 determine what duties are to be discharged by officers and
25162516 employees of the house on the floor of the house, specifically in
25172517 the area enclosed by the railing, when the house is in session. It
25182518 shall be the duty of the speaker to see that the officers and
25192519 employees do not violate the regulations promulgated by the
25202520 Committee on House Administration.
25212521 Sec. 19. PROPER DECORUM. No person shall be admitted to,
25222522 or allowed to remain in, the house chamber while the house is in
25232523 session unless properly attired, and all gentlemen shall wear a
25242524 coat and tie. Food or beverage shall not be permitted in the house
25252525 chamber at any time, and no person carrying food or beverage shall
25262526 be admitted to the chamber, whether the house is in session or in
25272527 recess. Reading newspapers shall not be permitted in the house
25282528 chamber while the house is in session. Smoking is not permitted in
25292529 the members' lounge or bathrooms. The Committee on House
25302530 Administration shall designate an area for smoking that is easily
25312531 accessible to the house chamber.
25322532 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
25332533 is in session, no media representative shall be admitted to the
25342534 floor of the house or allowed its privileges unless the person is:
25352535 (1) employed by a print, broadcast, or Internet news
25362536 organization, or by a wire service serving those organizations:
25372537 (A) whose principal business is the periodic
25382538 dissemination of original news and opinion of interest to a broad
25392539 segment of the public;
25402540 (B) which has published or operated continuously
25412541 for 18 months:
25422542 (i) as a for-profit organization that is
25432543 supported chiefly by advertising or subscription revenue; or
25442544 (ii) as a nonprofit organization that has
25452545 qualified as a public charity under Section 501(c)(3), Internal
25462546 Revenue Code of 1986; and
25472547 (C) whose publications or operations are
25482548 editorially independent of any institution, foundation, or
25492549 interest group that lobbies the government or that is not
25502550 principally a general news organization; and
25512551 (2) not engaged in any lobbying or paid advocacy,
25522552 advertising, publicity, or promotion work for any individual,
25532553 political party, corporation, organization, or government agency.
25542554 (b) Any media representative seeking admission to the floor
25552555 of the house under the provisions of this section must submit to the
25562556 Committee on House Administration:
25572557 (1) a notarized application in a form determined by
25582558 the committee; and
25592559 (2) a letter from the media representative's employer
25602560 certifying that:
25612561 (A) the media representative is engaged
25622562 primarily in reporting the sessions of the legislature; and
25632563 (B) no part of the media representative's salary
25642564 for legislative coverage is paid from a source other than the news
25652565 organization or wire service that employs the media representative.
25662566 (c) Regularly accredited media representatives who have
25672567 duly qualified under the provisions of this section may, when
25682568 requested to do so, make recommendations through their professional
25692569 committees to the Committee on House Administration as to the
25702570 sufficiency or insufficiency of the credentials of any person
25712571 seeking admission to the floor of the house under this section.
25722572 (d) If the Committee on House Administration determines
25732573 that a person's media credentials meet the requirements of this
25742574 section, the committee shall issue a pass card to the person. The
25752575 committee may impose a fee to cover the costs of issuing a pass
25762576 card. This pass card must be presented to the doorkeeper each time
25772577 the person seeks admission to the floor of the house while the house
25782578 is in session. Pass cards issued under this section shall not be
25792579 transferable. The failure of a media representative to maintain the
25802580 requirements of this section may result in the revocation of the
25812581 pass card. Persons admitted to the floor of the house pursuant to
25822582 the provisions of this section shall work in appropriate convenient
25832583 seats or work stations in the house, which shall be designated for
25842584 that purpose by the Committee on House Administration.
25852585 (e) Members of the house shall not engage in interviews and
25862586 press conferences on the house floor while the house is in session.
25872587 The Committee on House Administration is authorized to enforce this
25882588 provision and to prescribe such other regulations as may be
25892589 necessary and desirable to achieve these purposes.
25902590 (f) Permission to make recordings in or from the house
25912591 chamber while the house is in session may be granted only by the
25922592 Committee on House Administration. The committee shall promulgate
25932593 rules governing recordings. When recordings from the house chamber
25942594 are permitted by the Committee on House Administration, the
25952595 permission shall, if necessary, identify those persons in the
25962596 technical crews to whom pass cards to the floor of the house and
25972597 galleries are to be issued. Passes granted under this authority
25982598 shall be subject to revocation by the Committee on House
25992599 Administration. As used in this subsection, "recording" means an
26002600 audio, video, or photographic recording for immediate or delayed
26012601 transmission by television or radio or through the Internet.
26022602 (g) The following individuals may submit a written
26032603 complaint regarding a decision by the Committee on House
26042604 Administration under this section:
26052605 (1) an individual who is aggrieved by the committee's
26062606 failure or refusal to grant privileges under this section; or
26072607 (2) a member of the house who believes a media
26082608 representative granted privileges under this section either does
26092609 not meet the requirements of this section or has abused the
26102610 privileges granted under this section.
26112611 (h) The Committee on House Administration shall investigate
26122612 the complaint and may, if necessary, temporarily suspend the media
26132613 representative's privileges pending the investigation. The
26142614 committee shall notify the aggrieved individual or subject of the
26152615 complaint of the time and place of a hearing on the complaint.
26162616 Following the hearing, which must be conducted as provided by
26172617 committee rule, the committee shall determine whether the aggrieved
26182618 individual meets the requirements of this section and, as
26192619 applicable:
26202620 (1) issue a pass card if the committee determines that
26212621 the individual's media credentials meet the requirements of this
26222622 section; or
26232623 (2) revoke the media representative's privileges
26242624 granted under this section if the committee determines that the
26252625 allegations contained in the complaint are valid.
26262626 (i) The final determination by the Committee on House
26272627 Administration on a complaint:
26282628 (1) must be entered in the committee minutes and, if
26292629 the house is convened in a regular or special session, delivered to
26302630 the journal clerk and printed in the journal; and
26312631 (2) is not subject to further review except as
26322632 provided by this section.
26332633 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
26342634 HOUSE CHAMBER. When the house is not in session, the floor of the
26352635 house shall remain open on days and hours determined by the
26362636 Committee on House Administration. By resolution, the house may
26372637 open the floor of the house during its sessions for the inauguration
26382638 of the governor and lieutenant governor and for such other public
26392639 ceremonies as may be deemed warranted.
26402640 CHAPTER C. SPEAKING AND DEBATE
26412641 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
26422642 speak or deliver any matter to the house, the member shall rise and
26432643 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
26442644 on being recognized, may address the house from the microphone at
26452645 the reading clerk's desk, and shall confine all remarks to the
26462646 question under debate, avoiding personalities.
26472647 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
26482648 members rise at once, the speaker shall name the one who is to speak
26492649 first. This decision shall be final and not open to debate or
26502650 appeal.
26512651 Sec. 24. RECOGNITION. (a) Except as otherwise provided
26522652 by this section, there shall be no appeal from the speaker's
26532653 recognition, but the speaker shall be governed by rules and usage in
26542654 priority of entertaining motions from the floor. When a member
26552655 seeks recognition, the speaker may ask, "For what purpose does the
26562656 member rise?" or "For what purpose does the member seek
26572657 recognition?" and may then decide if recognition is to be granted,
26582658 except that the speaker shall recognize a member who seeks
26592659 recognition on a question of privilege.
26602660 (b) If the speaker denies recognition of a member who seeks
26612661 recognition on a question of privilege, other than a question of
26622662 privilege relating to the right of the house to remove the speaker
26632663 and elect a new speaker, the decision of recognition may be appealed
26642664 using the procedures provided in Rule 1, Section 9.
26652665 (c) If the speaker denies recognition of a member who seeks
26662666 recognition on a question of privilege relating to the right of the
26672667 house to remove the speaker and elect a new speaker, the member may
26682668 appeal the speaker's denial of recognition if the member submits to
26692669 the speaker a written request, signed by at least 76 members of the
26702670 house, to appeal the decision of recognition. Upon receiving a
26712671 request for appeal in accordance with this subsection, the speaker
26722672 shall announce the request to the house. The names of the members
26732673 who signed the request and the time that the announcement was made
26742674 shall be entered in the journal. The appeal of a decision of
26752675 recognition under this subsection is eligible for consideration 24
26762676 hours after the request for appeal has been announced in accordance
26772677 with this subsection. The appeal and consideration of the question
26782678 of privilege, if the appeal is successful, takes precedence over
26792679 all other questions except motions to adjourn.
26802680 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
26812681 member who has the floor shall not be interrupted by another member
26822682 for any purpose, unless he or she consents to yield to the other
26832683 member. A member desiring to interrupt another in debate should
26842684 first address the speaker for the permission of the member
26852685 speaking. The speaker shall then ask the member who has the floor
26862686 if he or she wishes to yield, and then announce the decision of that
26872687 member. The member who has the floor may exercise personal
26882688 discretion as to whether or not to yield, and it is entirely within
26892689 the member's discretion to determine who shall interrupt and when.
26902690 Sec. 26. YIELDING THE FLOOR. A member who obtains the
26912691 floor on recognition of the speaker may not be taken off the floor
26922692 by a motion, even the highly privileged motion to adjourn, but if
26932693 the member yields to another to make a motion or to offer an
26942694 amendment, he or she thereby loses the floor.
26952695 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
26962696 proposition, or the member reporting any measure from a committee,
26972697 or, in the absence of either of them, any other member designated by
26982698 such absentee, shall have the right to open and close the debate,
26992699 and for this purpose may speak each time not more than 20 minutes.
27002700 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
27012701 limited to 10 minutes in duration, except as provided in Section 27
27022702 of this rule, and the speaker shall call the members to order at the
27032703 expiration of their time. If the house by a majority vote extends
27042704 the time of any member, the extension shall be for 10 minutes only.
27052705 A second extension of time shall be granted only by unanimous
27062706 consent. During the last 10 calendar days of the regular session,
27072707 and the last 5 calendar days of a special session, Sundays excepted,
27082708 all speeches shall be limited to 10 minutes and shall not be
27092709 extended. The time limits established by this rule shall include
27102710 time consumed in yielding to questions from the floor.
27112711 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
27122712 speak more than twice on the same question without leave of the
27132713 house, nor more than once until every member choosing to speak has
27142714 spoken, nor shall any member be permitted to consume the time of
27152715 another member without leave of the house being given by a majority
27162716 vote.
27172717 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
27182718 pending question is not disposed of because of an adjournment of the
27192719 house, a member who has spoken twice on the subject shall not be
27202720 allowed to speak again without leave of the house.
27212721 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
27222722 a paper is called for, and objection is made, the matter shall be
27232723 determined by a majority vote of the house, without debate.
27242724 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
27252725 person shall pass between the front and back microphones during
27262726 debate or when a member has the floor and is addressing the house.
27272727 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
27282728 member, in speaking or otherwise, transgresses the rules of the
27292729 house, the speaker shall, or any member may, call the member to
27302730 order, in which case the member so called to order shall immediately
27312731 be seated; however, that member may move for an appeal to the house,
27322732 and if appeal is duly seconded by 10 members, the matter shall be
27332733 submitted to the house for decision by majority vote. In such
27342734 cases, the speaker shall not be required to relinquish the chair, as
27352735 is required in cases of appeals from the speaker's decisions. The
27362736 house shall, if appealed to, decide the matter without debate. If
27372737 the decision is in favor of the member called to order, the member
27382738 shall be at liberty to proceed; but if the decision is against the
27392739 member, he or she shall not be allowed to proceed, and, if the case
27402740 requires it, shall be liable to the censure of the house, or such
27412741 other punishment as the house may consider proper.
27422742 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
27432743 All proceedings of the house of representatives shall be
27442744 electronically recorded under the direction of the Committee on
27452745 House Administration. Copies of the proceedings may be released
27462746 under guidelines promulgated by the Committee on House
27472747 Administration.
27482748 (b) Archived video broadcasts of proceedings in the house
27492749 chamber that are available through the house's Internet or intranet
27502750 website may, under the direction of the Committee on House
27512751 Administration, include a link to the point in time in the video
27522752 where each measure under consideration by the house is laid out.
27532753 Such a link shall be provided as soon as the committee determines is
27542754 practical.
27552755 CHAPTER D. QUESTIONS OF PRIVILEGE
27562756 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
27572757 privilege shall be:
27582758 (1) those affecting the rights of the house
27592759 collectively, its safety and dignity, and the integrity of its
27602760 proceedings, including the right of the house to remove the speaker
27612761 and elect a new speaker; and
27622762 (2) those affecting the rights, reputation, and
27632763 conduct of members individually in their representative capacity
27642764 only.
27652765 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
27662766 of privilege shall have precedence over all other questions except
27672767 motions to adjourn. When in order, a member may address the house
27682768 on a question of privilege, or may at any time print it in the
27692769 journal, provided it contains no reflection on any member of the
27702770 house.
27712771 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
27722772 shall not be in order for a member to address the house on a question
27732773 of privilege:
27742774 (1) between the time an undebatable motion is offered
27752775 and the vote is taken on the motion;
27762776 (2) between the time the previous question is ordered
27772777 and the vote is taken on the last proposition included under the
27782778 previous question; or
27792779 (3) between the time a motion to table is offered and
27802780 the vote is taken on the motion.
27812781 (b) If a question of privilege relating to removal of the
27822782 speaker and election of a new speaker fails, a subsequent attempt to
27832783 remove the same speaker can be made only by reconsidering the vote
27842784 by which the original question of privilege failed. Such
27852785 reconsideration shall be subject to the rules of the house
27862786 governing reconsideration.
27872787 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
27882788 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
27892789 members must confine their remarks within the limits of Section 35
27902790 of this rule, which will be strictly construed to achieve the
27912791 purposes hereof.
27922792 (b) When a member is speaking on privilege, the member shall
27932793 not be interrupted by another member for any purpose. While the
27942794 member is speaking, another member may submit a question of order to
27952795 the speaker in writing or by approaching the podium in person. The
27962796 member submitting the question of order shall not interrupt the
27972797 member who is speaking. The speaker may interrupt the member who is
27982798 speaking if the speaker determines it is appropriate to address the
27992799 question of order at that time.
28002800 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
28012801 of a main or subsidiary motion shall not be discussed or debated
28022802 under the guise of speaking to a question of privilege.
28032803 CHAPTER E. VOTING
28042804 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
28052805 votes, except viva voce votes, members shall record their votes on
28062806 the voting machine and shall not be recognized by the chair to cast
28072807 their votes from the floor. If a member attempts to vote from the
28082808 floor, the speaker shall sustain a point of order directed against
28092809 the member's so doing. This rule shall not be applicable to the
28102810 mover or the principal opponent of the proposition being voted on
28112811 nor to a member whose voting machine is out of order. If a member
28122812 demands strict enforcement of this section, Section 47 shall not
28132813 apply to the taking of a vote, and the house may discipline a member
28142814 in violation of this rule pursuant to its inherent authority.
28152815 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
28162816 registration or vote taken on the voting machine of the house shall
28172817 in all instances be considered the equivalent of a roll call or yea
28182818 and nay vote, which might be had for the same purpose.
28192819 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
28202820 member who has a personal or private interest in any measure or bill
28212821 proposed or pending before the house shall disclose the fact and not
28222822 vote thereon.
28232823 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
28242824 house, a quorum being present, the question shall be divided, if it
28252825 includes propositions so distinct in substance that, one being
28262826 taken away, a substantive proposition remains. A motion for a
28272827 division vote cannot be made after the previous question has been
28282828 ordered, after a motion to table has been offered, after the
28292829 question has been put, nor after the yeas and nays have been
28302830 ordered. Under this subsection, the speaker may divide the
28312831 question into groups of propositions that are closely related.
28322832 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
28332833 present and fails or refuses to vote after being requested to do so
28342834 by the speaker shall be recorded as present but not voting, and
28352835 shall be counted for the purpose of making a quorum.
28362836 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
28372837 member must be on the floor of the house or in an adjacent room or
28382838 hallway on the same level as the house floor, in order to vote.
28392839 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
28402840 each calendar day in which the house is in session, it shall be the
28412841 duty of the journal clerk to lock the voting machine of each member
28422842 who is excused or who is otherwise known to be absent. Each such
28432843 machine shall remain locked until the member in person contacts the
28442844 journal clerk and personally requests the unlocking of the machine.
28452845 Unless otherwise directed by the speaker, the journal clerk shall
28462846 not unlock any machine except at the personal request of the member
28472847 to whom the machine is assigned. Any violation, or any attempt by a
28482848 member or employee to circumvent the letter or spirit of this
28492849 section, shall be reported immediately to the speaker for such
28502850 disciplinary action by the speaker, or by the house, as may be
28512851 warranted under the circumstances.
28522852 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
28532853 guilty by the house of knowingly voting for another member on the
28542854 voting machine without that other member's permission shall be
28552855 subject to discipline deemed appropriate by the house.
28562856 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
28572857 begun, it may not be interrupted for any reason. While a yea and nay
28582858 vote is being taken, or the vote is being counted, no member shall
28592859 visit the reading clerk's desk or the voting clerk's desk.
28602860 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
28612861 allowed to interrupt the vote or to make any explanation of a vote
28622862 that the member is about to give after the voting machine has been
28632863 opened, but may record in the journal the reasons for giving such a
28642864 vote.
28652865 (b) A "Reason for Vote" must be in writing and filed with the
28662866 journal clerk. If timely received, the "Reason for Vote" shall be
28672867 printed immediately following the results of the vote in the
28682868 journal. Otherwise, "Reasons for Vote" shall be printed in a
28692869 separate section at the end of the journal for the day on which the
28702870 reasons were recorded with the journal clerk. Such "Reason for
28712871 Vote" shall not deal in personalities or contain any personal
28722872 reflection on any member of the legislature, the speaker, the
28732873 lieutenant governor, or the governor, and shall not in any other
28742874 manner transgress the rules of the house relating to decorum and
28752875 debate.
28762876 (c) A member absent when a vote was taken may file with the
28772877 journal clerk while the house is in session a statement of how the
28782878 member would have voted if present. If timely received, the
28792879 statement shall be printed immediately following the results of the
28802880 vote in the journal. Otherwise, statements shall be printed in a
28812881 separate section at the end of the journal for the day on which the
28822882 statements were recorded with the journal clerk.
28832883 Sec. 50. PAIRS. (a) All pairs must be announced before the
28842884 vote is declared by the speaker, and a written statement sent to the
28852885 journal clerk. The statement must be signed by the absent member to
28862886 the pair, or the member's signature must have been authorized in
28872887 writing or by telephone, and satisfactory evidence presented to the
28882888 speaker if deemed necessary. If authorized in writing, the writing
28892889 shall be delivered to the chief clerk by personal delivery or by
28902890 commercially acceptable means of delivery, including electronic
28912891 transmission by PDF or similar secure format that is capable of
28922892 transmitting an accurate image of the member's signature. If
28932893 authorized by telephone, the call must be to and confirmed by the
28942894 chief clerk in advance of the vote to which it applies. Pairs shall
28952895 be entered in the journal, and the member present shall be counted
28962896 to make a quorum.
28972897 (b) The speaker may not refuse to recognize a pair that
28982898 complies with the requirements of Subsection (a), if both members
28992899 consent to the pair.
29002900 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
29012901 desire of any member present, the yeas and nays of the members of
29022902 the house on any question shall be taken and entered in the journal.
29032903 No member or members shall be allowed to call for a yea and nay vote
29042904 after a vote has been declared by the speaker.
29052905 (b) A motion to expunge a yea and nay vote from the journal
29062906 shall not be in order.
29072907 (c) The yeas and nays of the members of the house on final
29082908 passage of any bill, any joint resolution proposing or ratifying a
29092909 constitutional amendment, and any other resolution, other than a
29102910 resolution of a purely ceremonial or honorary nature, shall be
29112911 taken and entered in the journal. For purposes of this subsection, a
29122912 vote on final passage includes a vote on:
29132913 (1) third reading;
29142914 (2) second reading if the house suspends or otherwise
29152915 dispenses with the requirement for three readings;
29162916 (3) whether to concur in the senate's amendments; or
29172917 (4) whether to adopt a conference committee report.
29182918 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
29192919 Committee on House Administration shall ensure that:
29202920 (1) the recorded yeas and nays are available to the
29212921 public on the Internet and on any televised broadcast of the house
29222922 proceedings produced by or under the direction of the house; and
29232923 (2) members of the public may view the yeas and nays in
29242924 real time to the extent possible on the Internet and on any
29252925 televised broadcast of the house proceedings produced by or under
29262926 the direction of the house.
29272927 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
29282928 any question where a record of the yeas and nays has not been
29292929 ordered, members may have their votes recorded in the journal as
29302930 "yea" or "nay" by filing such information with the journal clerk
29312931 before adjournment or recess to another calendar day.
29322932 Sec. 53. CHANGING A VOTE. Before the result of a vote has
29332933 been finally and conclusively pronounced by the chair, but not
29342934 thereafter, a member may change his or her vote; however, if a
29352935 member's vote is erroneous, the member shall be allowed to change
29362936 that vote at a later time provided:
29372937 (1) the result of the record vote is not changed
29382938 thereby;
29392939 (2) the request is made known to the house by the chair
29402940 and permission for the change is granted by unanimous consent; and
29412941 (3) a notation is made in the journal that the member's
29422942 vote was changed.
29432943 Sec. 54. TIE VOTE. All matters on which a vote may be taken
29442944 by the house shall require for adoption a favorable affirmative
29452945 vote as required by these rules, and in the case of a tie vote, the
29462946 matter shall be considered lost.
29472947 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
29482948 result of a yea and nay vote is close, the speaker may on the request
29492949 of any member order a verification vote, or the speaker may order a
29502950 verification on his or her own initiative. During verification, no
29512951 member shall change a vote unless it was erroneously recorded, nor
29522952 may any member not having voted cast a vote; however, when the clerk
29532953 errs in reporting the yeas and nays, and correction thereof leaves
29542954 decisive effect to the speaker's vote, the speaker may exercise the
29552955 right to vote, even though the result has been announced. A
29562956 verification shall be called for immediately after the vote is
29572957 announced. The speaker shall not entertain a request for
29582958 verification after the house has proceeded to the next question, or
29592959 after a recess or an adjournment. A vote to recess or adjourn, like
29602960 any other proposition, may be verified. Only one vote verification
29612961 can be pending at a time. A verification may be dispensed with by a
29622962 two-thirds vote.
29632963 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
29642964 allow the verification of a registration (as differentiated from a
29652965 record vote) if in the speaker's opinion there is serious doubt as
29662966 to the presence of a quorum.
29672967 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
29682968 VERIFICATION. A motion for a call of the house, and all incidental
29692969 motions relating to it, shall be in order pending the verification
29702970 of a vote. These motions must be made before the roll call on
29712971 verification begins, and it shall not be in order to break into the
29722972 roll call to make them.
29732973 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
29742974 VOTE. If, by an error of the voting clerk or reading clerk in
29752975 reporting the yeas and nays from a registration or verification,
29762976 the speaker announces a result different from that shown by the
29772977 registration or verification, the status of the question shall be
29782978 determined by the vote as actually recorded. If the vote is
29792979 erroneously announced in such a way as to change the true result,
29802980 all subsequent proceedings in connection therewith shall fail, and
29812981 the journal shall be amended accordingly.
29822982 RULE 6. ORDER OF BUSINESS AND CALENDARS
29832983 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
29842984 convenes on a new legislative day, the daily order of business shall
29852985 be as follows:
29862986 (1) Call to order by speaker.
29872987 (2) Registration of members.
29882988 (3) Prayer by chaplain, unless the invocation has been
29892989 given previously on the particular calendar day.
29902990 (4) Pledge of allegiance to the United States flag.
29912991 (5) Pledge of allegiance to the Texas flag.
29922992 (6) Excuses for absence of members and officers.
29932993 (7) First reading and reference to committee of bills
29942994 filed with the chief clerk; and motions to introduce bills, when
29952995 such motions are required.
29962996 (8) Requests to print bills and other papers; requests
29972997 of committees for further time to consider papers referred to them;
29982998 and all other routine motions and business not otherwise provided
29992999 for, all of which shall be undebatable except that the mover and one
30003000 opponent of the motion shall be allowed three minutes each.
30013001 The mover of a routine motion shall be allowed his or her
30023002 choice of making the opening or the closing speech under this rule.
30033003 If the house, under a suspension of the rules, extends the time of a
30043004 member under this rule, such extensions shall be for three minutes.
30053005 Subsidiary motions that are applicable to routine motions shall be
30063006 in order, but the makers of such subsidiary motions shall not be
30073007 entitled to speak thereon in the routine motion period, nor shall
30083008 the authors of the original routine motions be allowed any
30093009 additional time because of subsidiary motions.
30103010 (9) Unfinished business.
30113011 (10) Third reading calendars of the house in their
30123012 order of priority in accordance with Section 7 of this rule, unless
30133013 a different order is determined under other provisions of these
30143014 rules.
30153015 (11) Postponed matters to be laid before the house in
30163016 accordance with Rule 7, Section 15.
30173017 (12) Second reading calendars of the house in their
30183018 order of priority in accordance with Section 7 of this rule, unless
30193019 a different order is determined under other provisions of these
30203020 rules.
30213021 (b) When the house reconvenes for the first time on a new
30223022 calendar day following a recess, the daily order of business shall
30233023 be:
30243024 (1) Call to order by the speaker.
30253025 (2) Registration of members.
30263026 (3) Prayer by the chaplain.
30273027 (4) Pledge of allegiance to the United States flag.
30283028 (5) Pledge of allegiance to the Texas flag.
30293029 (6) Excuses for absence of members and officers.
30303030 (7) Pending business.
30313031 (8) Calendars of the house in their order of priority
30323032 in accordance with Section 7 of this rule, unless a different order
30333033 is determined under other provisions of these rules.
30343034 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
30353035 other measure may on any day be made a special order for the same day
30363036 or for a future day of the session by an affirmative vote of
30373037 two-thirds of the members present. A motion to set a special order
30383038 shall be subject to the three-minute pro and con debate rule. When
30393039 once established as a special order, a bill, resolution, or other
30403040 measure shall be considered from day to day until disposed of; and
30413041 until it has been disposed of, no further special orders shall be
30423042 made.
30433043 A three-fourths vote of the members present shall be required
30443044 to suspend the portion of this rule which specifies that only one
30453045 special order may be made and pending at a time.
30463046 (b) After the first eight items under the daily order of
30473047 business for a legislative day have been passed, a special order
30483048 shall have precedence when the hour for its consideration has
30493049 arrived, except as provided in Section 9 of this rule.
30503050 (c) After the 115th day of a regular session, if a joint
30513051 resolution has appeared on a daily house calendar and is adopted,
30523052 and a bill that is enabling legislation for the joint resolution is
30533053 either on or eligible to be placed on a calendar, the author or
30543054 sponsor of the bill or another member may immediately be recognized
30553055 for a motion to set the bill that is the enabling legislation as a
30563056 special order pursuant to this section. For purposes of this
30573057 subsection, the bill must have been designated as the enabling
30583058 legislation for the joint resolution in writing filed with the
30593059 chief clerk not later than the date the committee report for the
30603060 enabling legislation is printed and distributed.
30613061 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
30623062 may be postponed to a day certain by a two-thirds vote of those
30633063 present, and when so postponed, shall be considered as disposed of
30643064 so far as its place as a special order is concerned.
30653065 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
30663066 resolution laid on the table subject to call may be made a special
30673067 order.
30683068 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
30693069 motion is pending to set a particular bill or resolution as a
30703070 special order, it shall not be in order to move as a substitute to
30713071 set another bill or resolution as a special order. It shall be in
30723072 order, however, to substitute, by majority vote, a different time
30733073 for the special order consideration than that given in the original
30743074 motion.
30753075 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
30763076 If a member moves to set a bill or joint resolution as a special
30773077 order, or moves to suspend the rules to take up a bill or joint
30783078 resolution out of its regular order, and the motion prevails, the
30793079 member shall not have the right to make either of these motions
30803080 again until every other member has had an opportunity, via either of
30813081 these motions, to have some bill or joint resolution considered out
30823082 of its regular order during that session of the legislature. A
30833083 member shall not lose the suspension privilege if the motion to
30843084 suspend or set for special order does not prevail.
30853085 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
30863086 the house shall be controlled by a system of calendars, consisting
30873087 of the following:
30883088 (1) EMERGENCY CALENDAR, on which shall appear bills
30893089 considered to be of such pressing and imperative import as to demand
30903090 immediate action, bills to raise revenue and levy taxes, and the
30913091 general appropriations bill. A bill submitted as an emergency
30923092 matter by the governor may also be placed on this calendar.
30933093 (2) MAJOR STATE CALENDAR, on which shall appear bills
30943094 of statewide effect, not emergency in nature, which establish or
30953095 change state policy in a major field of governmental activity and
30963096 which will have a major impact in application throughout the state
30973097 without regard to class, area, or other limiting factors.
30983098 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
30993099 shall appear joint resolutions proposing amendments to the Texas
31003100 Constitution, joint resolutions proposing the ratification of
31013101 amendments to the Constitution of the United States, and joint
31023102 resolutions applying to Congress for a convention to amend the
31033103 Constitution of the United States.
31043104 (4) GENERAL STATE CALENDAR, on which shall appear
31053105 bills of statewide effect, not emergency in nature, which establish
31063106 or change state law and which have application to all areas but are
31073107 limited in legal effect by classification or other factors which
31083108 minimize the impact to something less than major state policy, and
31093109 bills, not emergency in nature, which are not on the local, consent,
31103110 and resolutions calendar.
31113111 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
31123112 shall appear bills, house resolutions, and concurrent resolutions,
31133113 not emergency in nature, regardless of extent and scope, on which
31143114 there is such general agreement as to render improbable any
31153115 opposition to the consideration and passage thereof, and which have
31163116 been recommended by the appropriate standing committee for
31173117 placement on the local, consent, and resolutions calendar by the
31183118 Committee on Local and Consent Calendars.
31193119 (6) RESOLUTIONS CALENDAR, on which shall appear house
31203120 resolutions and concurrent resolutions, not emergency in nature and
31213121 not privileged.
31223122 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
31233123 on which shall appear congratulatory and memorial resolutions whose
31243124 sole intent is to congratulate, memorialize, or otherwise express
31253125 concern or commendation. The Committee on Resolutions Calendars
31263126 may provide separate categories for congratulatory and memorial
31273127 resolutions.
31283128 (b) A calendars committee shall strictly construe and the
31293129 speaker shall strictly enforce this system of calendars.
31303130 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
31313131 resolutions pending in the house shall follow the same procedure
31323132 with regard to calendars as house bills and resolutions, but
31333133 separate calendars shall be maintained for senate bills and
31343134 resolutions, and consideration of them on senate bill days shall
31353135 have priority in the manner and order specified in this rule.
31363136 (b) No other business shall be considered on days devoted to
31373137 the consideration of senate bills when there remain any bills on any
31383138 of the senate calendars, except with the consent of the senate. When
31393139 all senate calendars are clear, the house may proceed to
31403140 consideration of house calendars on senate bill days.
31413141 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
31423142 on calendar Thursday of each week, only senate bills and senate
31433143 resolutions shall be taken up and considered, until disposed of.
31443144 Senate bills and senate resolutions shall be considered in the
31453145 order prescribed in Section 7 of this rule on separate senate
31463146 calendars prepared by the Committee on Calendars. In case a senate
31473147 bill or senate resolution is pending at adjournment on calendar
31483148 Thursday, it shall go over to the succeeding calendar Wednesday as
31493149 unfinished business.
31503150 (b) Precedence given in Rule 8 to certain classes of bills
31513151 during the first 60 calendar days of a regular session shall also
31523152 apply to senate bills on senate bill days.
31533153 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
31543154 SUBJECT. When any house bill is reached on the calendar or is
31553155 before the house for consideration, it shall be the duty of the
31563156 speaker to give the place on the calendar of the house bill to any
31573157 senate bill containing the same subject that has been referred to
31583158 and reported from a committee of the house and to lay the senate
31593159 bill before the house, to be considered in lieu of the house bill.
31603160 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
31613161 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
31623162 the chair of the Committee on Resolutions Calendars shall move to
31633163 designate periods for the consideration of congratulatory and
31643164 memorial calendars. Each such motion shall require a two-thirds
31653165 vote for its adoption. In each instance, the Committee on
31663166 Resolutions Calendars shall prepare and post on the electronic
31673167 legislative information system a calendar at least 24 hours in
31683168 advance of the hour set for consideration. No memorial or
31693169 congratulatory resolution will be heard by the full house without
31703170 having first been approved, at least 24 hours in advance, by a
31713171 majority of the membership of the Committee on Resolutions
31723172 Calendars, in accordance with Rule 4, Section 16. It shall not be
31733173 necessary for the Committee on Resolutions Calendars to report a
31743174 memorial or congratulatory resolution from committee in order to
31753175 place the resolution on a congratulatory and memorial calendar. If
31763176 the Committee on Resolutions Calendars determines that a resolution
31773177 is not eligible for placement on the congratulatory and memorial
31783178 calendar the measure shall be sent to the Committee on Calendars for
31793179 further action. A congratulatory and memorial calendar will
31803180 contain the resolution number, the author's name, and a brief
31813181 description of the intent of the resolution. On the congratulatory
31823182 and memorial calendar, congratulatory resolutions may be listed
31833183 separately from memorial resolutions. Once a calendar is posted,
31843184 no additional resolutions will be added to it, and the requirements
31853185 of this section shall not be subject to suspension.
31863186 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
31873187 MEMORIAL CALENDARS. During the consideration of a congratulatory
31883188 and memorial calendar, resolutions shall not be read in full unless
31893189 they pertain to members or former members of the legislature, or
31903190 unless the intended recipient of the resolution is present on the
31913191 house floor or in the gallery. All other such resolutions shall be
31923192 read only by number, type of resolution, and name of the person or
31933193 persons designated in the resolutions. Members shall notify the
31943194 chair, in advance of consideration of the calendar, of any
31953195 resolutions that will be required to be read in full. In addition,
31963196 the following procedures shall be observed:
31973197 (1) The chair shall recognize the reading clerk to
31983198 read the resolutions within each category on the calendar only by
31993199 number, type of resolution, author or sponsor, and name of the
32003200 person or persons designated in the resolutions, except for those
32013201 resolutions that have been withdrawn or that are required to be read
32023202 in full. The resolutions read by the clerk shall then be adopted in
32033203 one motion for each category.
32043204 (2) Subsequent to the adoption of the resolutions read
32053205 by the clerk, the chair shall proceed to lay before the house the
32063206 resolutions on the calendar that are required to be read in full.
32073207 Each such resolution shall be read and adopted individually.
32083208 (3) If it develops that any resolution on the
32093209 congratulatory and memorial calendar does not belong on that
32103210 calendar, the chair shall withdraw the resolution from further
32113211 consideration, remove it from the calendar, and refer it to the
32123212 appropriate calendars committee for placement on the proper
32133213 calendar.
32143214 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
32153215 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
32163216 warrant, the chair of the Committee on Local and Consent Calendars
32173217 shall move to designate periods for the consideration of local,
32183218 consent, and resolutions calendars. Each such motion shall require
32193219 a two-thirds vote for its adoption. In each instance, the Committee
32203220 on Local and Consent Calendars shall prepare and post on the
32213221 electronic legislative information system a calendar at least 48
32223222 hours in advance of the hour set for consideration. Once a calendar
32233223 is posted, no additional bills or resolutions will be added to it.
32243224 This requirement can be suspended only by unanimous consent. No
32253225 local, consent, and resolutions calendar may be considered by the
32263226 house if it is determined that the rules of the house were not
32273227 complied with by the Committee on Local and Consent Calendars in
32283228 preparing that calendar.
32293229 (b) The period designated for the consideration of a local,
32303230 consent, and resolutions calendar under this section or under a
32313231 special order under Section 2 of this rule may not exceed one
32323232 calendar day.
32333233 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
32343234 RESOLUTIONS CALENDARS. During the consideration of a local,
32353235 consent, and resolutions calendar set by the Committee on Local and
32363236 Consent Calendars the following procedures shall be observed:
32373237 (1) The chair shall allow the sponsor of each bill or
32383238 resolution three minutes to explain the measure, and the time shall
32393239 not be extended except by unanimous consent of the house. This rule
32403240 shall have precedence over all other rules limiting time for
32413241 debate.
32423242 (2) If it develops that any bill or resolution on a
32433243 local, consent, and resolutions calendar is to be contested on the
32443244 floor of the house under Subdivision (3) or (4) of this section, the
32453245 chair shall withdraw the bill or resolution from further
32463246 consideration and remove it from the calendar.
32473247 (3) Any bill or resolution on a local, consent, and
32483248 resolutions calendar shall be considered contested if notice is
32493249 given by five or more members present in the house under Rule 5,
32503250 Section 45, that they intend to oppose the bill or resolution,
32513251 either by a raising of hands or the delivery of written notice to
32523252 the chair.
32533253 (4) Any bill or resolution on a local, consent, and
32543254 resolutions calendar shall be considered contested if debate
32553255 exceeds 10 minutes, after the chair lays out the bill or resolution
32563256 following the sponsor's explanation under Subdivision (1) of this
32573257 section. The chair shall strictly enforce this time limit and
32583258 automatically withdraw the bill from further consideration if the
32593259 time limit herein imposed is exceeded.
32603260 (5) Any bill or resolution on a local, consent, and
32613261 resolutions calendar that is not reached for floor consideration
32623262 because of the expiration of the calendar day period for
32633263 consideration established by Section 13 of this rule shall carry
32643264 over onto the next local, consent, and resolutions calendar. Bills
32653265 or resolutions that carry over must appear in the same relative
32663266 order as on the calendar on which the bills or resolutions initially
32673267 appeared, and bills or resolutions originally from older calendars
32683268 must appear before those originally from more recent calendars.
32693269 (6) A motion to postpone a bill or resolution on a
32703270 local, consent, and resolutions calendar to a subsequent
32713271 legislative or calendar day requires an affirmative vote of
32723272 two-thirds of the members present.
32733273 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
32743274 local, consent, and resolutions calendars and congratulatory and
32753275 memorial calendars, consideration of calendars shall be in the
32763276 order named in Section 7 of this rule, subject to any exceptions
32773277 ordered by the Committee on Calendars. Bills and resolutions on
32783278 third reading shall have precedence over bills and resolutions on
32793279 second reading.
32803280 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
32813281 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
32823282 prepared daily when the house is in session. A calendar must be
32833283 posted on the electronic legislative information system at least 36
32843284 hours if convened in regular session and 24 hours if convened in
32853285 special session before the calendar may be considered by the house,
32863286 except as otherwise provided by these rules for the calendar on
32873287 which the general appropriations bill is first eligible for
32883288 consideration on second reading when convened in regular session.
32893289 A calendar that contains a bill extending an agency, commission, or
32903290 advisory committee under the Texas Sunset Act must be posted at
32913291 least 48 hours if convened in regular or special session before the
32923292 calendar may be considered by the house. Deviations from the
32933293 calendars as posted shall not be permitted except that the
32943294 Committee on Calendars shall be authorized to prepare and post, not
32953295 later than two hours before the house convenes, a supplemental
32963296 daily house calendar, on which shall appear:
32973297 (1) bills or resolutions which were passed to third
32983298 reading on the previous legislative day, except as provided by
32993299 Section 24(b) of this rule;
33003300 (2) bills or resolutions which appeared on the Daily
33013301 House Calendar for a previous calendar day which were not reached
33023302 for floor consideration;
33033303 (3) postponed business from a previous calendar day;
33043304 and
33053305 (4) notice to take from the table a bill or resolution
33063306 which was laid on the table subject to call on a previous
33073307 legislative day.
33083308 In addition to the items listed above, the bills and
33093309 resolutions from a daily house calendar that will be eligible for
33103310 consideration may be incorporated, in their proper order as
33113311 determined by these rules, into the supplemental daily house
33123312 calendar.
33133313 (a-1) If the house is convened in regular session, the
33143314 calendar on which the general appropriations bill is first eligible
33153315 for consideration on second reading must be posted on the
33163316 electronic legislative information system at least 144 hours before
33173317 the calendar may be considered by the house. The posted calendar
33183318 must indicate the date and time at which the calendar is scheduled
33193319 for consideration by the house, which date and time must be in
33203320 accordance with Rule 8, Section 14.
33213321 (b) In addition, when the volume of legislation shall
33223322 warrant, and upon request of the speaker, the chief clerk shall have
33233323 prepared a list of Items Eligible for Consideration, on which shall
33243324 appear only:
33253325 (1) house bills with senate amendments that are
33263326 eligible for consideration under Rule 13, Section 5, including the
33273327 number of senate amendments and the total number of pages of senate
33283328 amendments;
33293329 (2) senate bills for which the senate has requested
33303330 appointment of a conference committee; and
33313331 (3) conference committee reports that are eligible for
33323332 consideration under Rule 13, Section 10.
33333333 (c) The list of Items Eligible for Consideration must be
33343334 posted on the electronic legislative information system at least
33353335 six hours before the list may be considered by the house.
33363336 (d) The time at which a calendar or list is posted on the
33373337 electronic legislative information system shall be time-stamped on
33383338 the originals of the calendar or list.
33393339 (e) No house calendar shall be eligible for consideration if
33403340 it is determined that the rules of the house were not complied with
33413341 by the Committee on Calendars in preparing that calendar.
33423342 (f) If the Committee on Calendars has proposed a rule for
33433343 floor consideration of a bill or resolution that is eligible to be
33443344 placed on a calendar of the daily house calendar, the rule must be
33453345 printed and a copy distributed to each member. If the bill or
33463346 resolution to which the rule will apply has already been placed on a
33473347 calendar of the daily house calendar, a copy of the rule must also
33483348 be posted with the calendar on which the bill or resolution appears.
33493349 The speaker shall lay a proposed rule before the house prior to the
33503350 consideration of the bill or resolution to which the rule will
33513351 apply. The rule shall be laid before the house not earlier than six
33523352 hours after a copy of the rule has been distributed to each member
33533353 in accordance with this subsection. The rule shall not be subject
33543354 to amendment, but to be effective, the rule must be approved by the
33553355 house by an affirmative vote of two-thirds of those members present
33563356 and voting, except that the rule must be approved by an affirmative
33573357 vote of a majority of those members present and voting if the rule
33583358 applies to a tax bill, an appropriations bill, or a redistricting
33593359 bill. If approved by the house in accordance with this subsection,
33603360 the rule will be effective for the consideration of the bill or
33613361 resolution on both second and third readings.
33623362 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
33633363 the calendar under Subsection (b) of this section, once a bill or
33643364 resolution is placed on its appropriate calendar under these rules,
33653365 and has appeared on a house calendar, as posted on the electronic
33663366 legislative information system, the bill shall retain its relative
33673367 position on the calendar until reached for floor consideration, and
33683368 the calendars committee with jurisdiction over the bill or
33693369 resolution shall have no authority to place other bills on the
33703370 calendar ahead of that bill, but all additions to the calendar shall
33713371 appear subsequent to the bill.
33723372 (b) If a bill or resolution that has been placed on a house
33733373 calendar, as posted on the electronic legislative information
33743374 system, is recommitted or withdrawn from further consideration, the
33753375 bill or resolution relinquishes its position on the calendar, and
33763376 the bill or resolution shall be removed from the calendar.
33773377 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
33783378 as provided in Section 11 of this rule as it relates to
33793379 congratulatory and memorial resolutions, no bill or resolution
33803380 shall be placed on a calendar until:
33813381 (1) it has been referred to and reported from its
33823382 appropriate standing committee by favorable committee action; or
33833383 (2) it is ordered printed on minority report or after a
33843384 committee has reported its inability to recommend a course of
33853385 action.
33863386 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
33873387 resolutions, on being reported from committee, shall be referred
33883388 immediately to the committee coordinator for printing and then to
33893389 the appropriate calendars committee for placement on the
33903390 appropriate calendar.
33913391 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
33923392 30 calendar days after a bill or resolution has been referred to the
33933393 appropriate calendars committee, the committee must vote on whether
33943394 to place the bill or resolution on one of the calendars of the daily
33953395 house calendar or the local, consent, and resolutions calendar, as
33963396 applicable. A vote against placement of the bill or resolution on a
33973397 calendar does not preclude a calendars committee from later voting
33983398 in favor of placement of the bill or resolution on a calendar.
33993399 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
34003400 resolution has been in the appropriate calendars committee for 30
34013401 calendar days, exclusive of the calendar day on which it was
34023402 referred, awaiting placement on one of the calendars of the daily
34033403 house calendar or on the local, consent, and resolutions calendar,
34043404 it shall be in order for a member to move that the bill or resolution
34053405 be placed on a specific calendar of the daily house calendar or on
34063406 the local, consent, and resolutions calendar without action by the
34073407 committee. This motion must be seconded by five members and shall
34083408 require a majority vote for adoption.
34093409 (b) A motion to place a bill or resolution on a specific
34103410 calendar of the daily house calendar or on the local, consent, and
34113411 resolutions calendar is not a privileged motion and must be made
34123412 during the routine motion period unless made under a suspension of
34133413 the rules.
34143414 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
34153415 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
34163416 for placement on the local, consent, and resolutions calendar by
34173417 the Committee on Local and Consent Calendars unless a request for
34183418 that placement has been made to the chair of the standing committee
34193419 from which the bill or resolution was reported and unless the
34203420 committee report of the standing committee recommends that the bill
34213421 or resolution be sent to the Committee on Local and Consent
34223422 Calendars for placement on the local, consent, and resolutions
34233423 calendar. The recommendation of the standing committee shall be
34243424 advisory only, and the Committee on Local and Consent Calendars
34253425 shall have final authority to determine whether or not a bill or
34263426 resolution shall be placed on the local, consent, and resolutions
34273427 calendar. If the Committee on Local and Consent Calendars
34283428 determines that the bill or resolution is not eligible for
34293429 placement on the local, consent, and resolutions calendar, the
34303430 measure shall be sent to the Committee on Calendars for further
34313431 action.
34323432 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
34333433 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
34343434 bill by Rule 8, Section 10(c), shall be placed on the local,
34353435 consent, and resolutions calendar unless:
34363436 (1) evidence of publication of notice in compliance
34373437 with the Texas Constitution and these rules is filed with the
34383438 Committee on Local and Consent Calendars; and
34393439 (2) it has been recommended unanimously by the present
34403440 and voting members of the committee from which it was reported that
34413441 the bill be sent to the Committee on Local and Consent Calendars for
34423442 placement on the local, consent, and resolutions calendar.
34433443 (b) No other bill or resolution shall be placed on the
34443444 local, consent, and resolutions calendar unless it has been
34453445 recommended unanimously by the present and voting members of the
34463446 committee from which it was reported that the bill be sent to the
34473447 Committee on Local and Consent Calendars for placement on the
34483448 local, consent, and resolutions calendar.
34493449 (c) No bill or resolution shall be placed on the local,
34503450 consent, and resolutions calendar that:
34513451 (1) directly or indirectly prevents from being
34523452 available for purposes of funding state government generally any
34533453 money that under existing law would otherwise be available for that
34543454 purpose, including a bill that transfers or diverts money in the
34553455 state treasury from the general revenue fund to another fund; or
34563456 (2) authorizes or requires the expenditure or
34573457 diversion of state funds for any purpose, as determined by a fiscal
34583458 note attached to the bill.
34593459 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND
34603460 RESOLUTIONS. (a) A bill on second reading or a resolution once
34613461 removed from the local, consent, and resolutions calendar by being
34623462 contested on the floor of the house under Section 14(3) or (4) of
34633463 this rule shall be returned to the Committee on Local and Consent
34643464 Calendars for further action. The Committee on Local and Consent
34653465 Calendars, if it feels such action is warranted, may again place the
34663466 bill or resolution on the local, consent, and resolutions calendar,
34673467 provided, however, that if the bill or resolution is not placed on
34683468 the next local, consent, and resolutions calendar set by the
34693469 Committee on Local and Consent Calendars, the bill or resolution
34703470 shall immediately be referred to the Committee on Calendars for
34713471 further action. If a bill on second reading or a resolution is then
34723472 removed from the calendar a second time by being contested on the
34733473 floor of the house under Section 14(3) or (4) of this rule, the bill
34743474 or resolution shall not again be placed on the local, consent, and
34753475 resolutions calendar by the Committee on Local and Consent
34763476 Calendars during that session of the legislature but shall be
34773477 returned to the Committee on Calendars for further action.
34783478 (b) A bill on third reading removed from the local, consent,
34793479 and resolutions calendar under Section 14(3) or (4) of this rule
34803480 shall appear on the supplemental daily house calendar for the next
34813481 legislative day for which a supplemental daily house calendar has
34823482 not already been distributed, pursuant to Section 16(a)(1) of this
34833483 rule.
34843484 (c) This section does not apply to a bill or resolution on
34853485 the local, consent, and resolutions calendar that is withdrawn from
34863486 the calendar at the request of the author or sponsor without being
34873487 contested under Section 14(3) or (4) of this rule. A bill or
34883488 resolution withdrawn under this subsection shall be returned to the
34893489 Committee on Local and Consent Calendars for further action. The
34903490 Committee on Local and Consent Calendars, if it feels such action is
34913491 warranted, may again place the bill or resolution on the local,
34923492 consent, and resolutions calendar or refer the bill or resolution
34933493 to the Committee on Calendars for further action.
34943494 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
34953495 the limitations contained in this rule, the Committee on Calendars
34963496 shall have full authority to make placements on calendars in
34973497 whatever order is necessary and desirable under the circumstances
34983498 then existing, except that bills on third reading shall have
34993499 precedence over bills on second reading. It is the intent of the
35003500 calendar system to give the Committee on Calendars wide discretion
35013501 to insure adequate consideration by the house of important
35023502 legislation.
35033503 RULE 7. MOTIONS
35043504 CHAPTER A. GENERAL MOTIONS
35053505 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
35063506 motions, in addition to any elsewhere provided herein, shall be
35073507 decided without debate, except as otherwise provided in these
35083508 rules:
35093509 (1) to adjourn;
35103510 (2) to lay on the table;
35113511 (3) to lay on the table subject to call;
35123512 (4) to suspend the rule as to the time for introduction
35133513 of bills;
35143514 (5) to order a call of the house, and all motions
35153515 incidental thereto;
35163516 (6) an appeal by a member called to order;
35173517 (7) on questions relating to priority of business;
35183518 (8) to amend the caption of a bill or resolution;
35193519 (9) to extend the time of a member speaking under the
35203520 previous question or to allow a member who has the right to speak
35213521 after the previous question is ordered to yield the time, or a part
35223522 of it, to another;
35233523 (10) to reconsider and table.
35243524 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
35253525 the mover and one opponent of the motion three minutes each during
35263526 which to debate the following motions without debating the merits
35273527 of the bill, resolution, or other matter, and the mover of the
35283528 motion may elect to either open the debate or close the debate, but
35293529 the mover's time may not be divided:
35303530 (1) to suspend the regular order of business and take
35313531 up some measure out of its regular order;
35323532 (2) to instruct a committee to report a certain bill or
35333533 resolution;
35343534 (3) to rerefer a bill or resolution from one committee
35353535 to another;
35363536 (4) to place a bill or resolution on a specific
35373537 calendar without action by the appropriate calendars committee;
35383538 (5) to take up a bill or resolution laid on the table
35393539 subject to call;
35403540 (6) to set a special order;
35413541 (7) to suspend the rules;
35423542 (8) to suspend the constitutional rule requiring bills
35433543 to be read on three several days;
35443544 (9) to pass a resolution suspending the joint rules;
35453545 (10) to order the previous question;
35463546 (11) to order the limiting of amendments to a bill or
35473547 resolution;
35483548 (12) to print documents, reports, or other material in
35493549 the journal;
35503550 (13) to take any other action required or permitted
35513551 during the routine motion period by Rule 6, Section 1;
35523552 (14) to divide the question.
35533553 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
35543554 under debate, the following motions, and none other, shall be in
35553555 order, and such motions shall have precedence in the following
35563556 order:
35573557 (1) to adjourn;
35583558 (2) to take recess;
35593559 (3) to lay on the table;
35603560 (4) to lay on the table subject to call;
35613561 (5) for the previous question;
35623562 (6) to postpone to a day certain;
35633563 (7) to commit, recommit, refer, or rerefer;
35643564 (8) to amend by striking out the enacting or resolving
35653565 clause, which, if carried, shall have the effect of defeating the
35663566 bill or resolution;
35673567 (9) to amend;
35683568 (10) to postpone indefinitely.
35693569 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
35703570 been made, the speaker shall state it, or if it is in writing, order
35713571 it read by the clerk; and it shall then be in possession of the
35723572 house.
35733573 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
35743574 the house and entertained by the speaker shall be reduced to writing
35753575 on the demand of any member, and shall be entered on the journal
35763576 with the name of the member making it.
35773577 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
35783578 by the mover at any time before a decision on the motion, even
35793579 though an amendment may have been offered and is pending. It cannot
35803580 be withdrawn, however, if the motion has been amended. After the
35813581 previous question has been ordered, a motion can be withdrawn only
35823582 by unanimous consent.
35833583 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
35843584 or recess shall always be in order, except:
35853585 (1) when the house is voting on another motion;
35863586 (2) when the previous question has been ordered and
35873587 before the final vote on the main question, unless a roll call shows
35883588 the absence of a quorum;
35893589 (3) when a member entitled to the floor has not yielded
35903590 for that purpose; or
35913591 (4) when no business has been transacted since a
35923592 motion to adjourn or recess has been defeated.
35933593 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
35943594 RECESS. When several motions to recess or adjourn are made at the
35953595 same period, the motion to adjourn carrying the shortest time shall
35963596 be put first, then the next shortest time, and in that order until a
35973597 motion to adjourn has been adopted or until all have been voted on
35983598 and lost; and then the same procedure shall be followed for motions
35993599 to recess.
36003600 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
36013601 RECESS. A motion to adjourn or recess may not be withdrawn when it
36023602 is one of a series upon which voting has commenced, nor may an
36033603 additional motion to adjourn or recess be made when voting has
36043604 commenced on a series of such motions.
36053605 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
36063606 vote by which a motion to adjourn or recess is carried or lost shall
36073607 not be subject to a motion to reconsider.
36083608 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
36093609 number of members than a quorum may adjourn from day to day, and may
36103610 compel the attendance of absent members.
36113611 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
36123612 carried, shall have the effect of killing the bill, resolution,
36133613 amendment, or other immediate proposition to which it was applied.
36143614 Such a motion shall not be debatable, but the mover of the
36153615 proposition to be tabled, or the member reporting it from
36163616 committee, shall be allowed to close the debate after the motion to
36173617 table is made and before it is put to a vote. When a motion to table
36183618 is made to a debatable main motion, the main motion mover shall be
36193619 allowed 20 minutes to close the debate, whereas the movers of other
36203620 debatable motions sought to be tabled shall be allowed only 10
36213621 minutes to close. The vote by which a motion to table is carried or
36223622 lost cannot be reconsidered. After the previous question has been
36233623 ordered, a motion to table is not in order. The provisions of this
36243624 section do not apply to motions to "lay on the table subject to
36253625 call"; however, a motion to lay on the table subject to call cannot
36263626 be made after the previous question has been ordered.
36273627 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
36283628 resolution, or other matter is pending before the house, it may be
36293629 laid on the table subject to call, and one legislative day's notice,
36303630 as provided on the Supplemental House Calendar, must be given
36313631 before the proposition can be taken from the table, unless it is on
36323632 the same legislative day, in which case it can be taken from the
36333633 table at any time except when there is another matter pending before
36343634 the house. A bill, resolution, or other matter can be taken from
36353635 the table only by a majority vote of the house. When a special order
36363636 is pending, a motion to take a proposition from the table cannot be
36373637 made unless the proposition is a privileged matter.
36383638 Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a
36393639 day certain may be amended and is debatable within narrow limits,
36403640 but the merits of the proposition sought to be postponed cannot be
36413641 debated. A motion to postpone indefinitely opens to debate the
36423642 entire proposition to which it applies.
36433643 (b) A motion to postpone a bill or resolution on a local,
36443644 consent, and resolutions calendar to a subsequent legislative or
36453645 calendar day requires an affirmative vote of two-thirds of the
36463646 members present.
36473647 Sec. 15. POSTPONED MATTERS. A bill or proposition
36483648 postponed to a day certain shall be laid before the house at the
36493649 time on the calendar day to which it was postponed, provided it is
36503650 otherwise eligible under the rules and no other business is then
36513651 pending. If business is pending, the postponed matter shall be
36523652 deferred until the pending business is disposed of without
36533653 prejudice otherwise to its right of priority. When a privileged
36543654 matter is postponed to a particular time, and that time arrives, the
36553655 matter, still retaining its privileged nature, shall be taken up
36563656 even though another matter is pending.
36573657 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
36583658 two or more bills, resolutions, or other propositions are postponed
36593659 to the same time, and are otherwise eligible for consideration at
36603660 that time, they shall be considered in the chronological order of
36613661 their setting.
36623662 Sec. 17. MOTION TO REFER. When motions are made to refer a
36633663 subject to a select or standing committee, the question on the
36643664 subject's referral to a standing committee shall be put first.
36653665 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
36663666 after being defeated at the routine motion period, may again be made
36673667 when the bill itself is under consideration; however, a motion to
36683668 recommit a bill shall not be in order at the routine motion period
36693669 if the bill is then before the house as either pending business or
36703670 unfinished business.
36713671 A motion to recommit a bill or resolution can be made and
36723672 voted on even though the author, sponsor, or principal proponent is
36733673 not present.
36743674 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
36753675 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
36763676 recommit is debatable within narrow limits, but the merits of the
36773677 proposition may not be brought into the debate. A motion to refer,
36783678 rerefer, commit, or recommit with instructions is fully debatable.
36793679 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
36803680 Except as provided in Rule 4, Section 30, when a bill has been
36813681 recommitted once at any reading and has been reported adversely by
36823682 the committee to which it was referred, it shall be in order to
36833683 again recommit the bill only if a minority report has been filed in
36843684 the time required by the rules of the house. A two-thirds vote of
36853685 those present shall be required to recommit a second time.
36863686 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
36873687 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
36883688 motion for the previous question, which shall be admitted only when
36893689 seconded by 25 members. It shall be put by the chair in this manner:
36903690 "The motion has been seconded. Three minutes pro and con debate
36913691 will be allowed on the motion for ordering the previous question."
36923692 As soon as the debate has ended, the chair shall continue: "As many
36933693 as are in favor of ordering the previous question on (here state on
36943694 which question or questions) will say 'Aye,'" and then, "As many as
36953695 are opposed say 'Nay.'" As in all other propositions, a motion for
36963696 the previous question may be taken by a record vote if demanded by
36973697 any member. If ordered by a majority of the members voting, a
36983698 quorum being present, it shall have the effect of cutting off all
36993699 debate, except as provided in Section 23 of this rule, and bringing
37003700 the house to a direct vote on the immediate question or questions on
37013701 which it has been asked and ordered.
37023702 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
37033703 motion for the previous question, there shall be no debate except as
37043704 provided in Sections 2 and 21 of this rule. All incidental
37053705 questions of order made pending decision on such motion shall be
37063706 decided, whether on appeal or otherwise, without debate.
37073707 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
37083708 ORDERED. After the previous question has been ordered, there shall
37093709 be no debate upon the questions on which it has been ordered, or
37103710 upon the incidental questions, except that the mover of the
37113711 proposition or any of the pending amendments or any other motions,
37123712 or the member making the report from the committee, or, in the case
37133713 of the absence of either of them, any other member designated by
37143714 such absentee, shall have the right to close the debate on the
37153715 particular proposition or amendment. Then a vote shall be taken
37163716 immediately on the amendments or other motions, if any, and then on
37173717 the main question.
37183718 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
37193719 ORDERED. All members having the right to speak after the previous
37203720 question has been ordered shall speak before the question is put on
37213721 the first proposition covered by the previous question. All votes
37223722 shall then be taken in the correct order, and no vote or votes shall
37233723 be deferred to allow any member to close on any one of the
37243724 propositions separately after the voting has commenced.
37253725 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
37263726 amendment has been substituted and the previous question is then
37273727 moved on the adoption of the amendment as substituted, the author of
37283728 the amendment as substituted shall have the right to close the
37293729 debate on that amendment in lieu of the author of the original
37303730 amendment.
37313731 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
37323732 the previous question is ordered on a motion to postpone
37333733 indefinitely or to amend by striking out the enacting clause of a
37343734 bill, the member moving to postpone or amend shall have the right to
37353735 close the debate on that motion or amendment, after which the mover
37363736 of the proposition or bill proposed to be so postponed or amended,
37373737 or the member reporting it from the committee, or, in the absence of
37383738 either of them, any other member designated by the absentee, shall
37393739 be allowed to close the debate on the original proposition.
37403740 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
37413741 previous question may be asked and ordered on any debatable single
37423742 motion or series of motions, or any amendment or amendments
37433743 pending, or it may be made to embrace all authorized debatable
37443744 motions or amendments pending and include the bill, resolution, or
37453745 proposition that is on second or third reading. The previous
37463746 question cannot be ordered, however, on the main proposition
37473747 without including other pending motions of lower rank as given in
37483748 Section 3 of this rule.
37493749 Sec. 28. LIMIT OF APPLICATION. The previous question shall
37503750 not extend beyond the final vote on a motion or sequence of motions
37513751 to which the previous question has been ordered.
37523752 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
37533753 Amendments on the speaker's desk for consideration which have not
37543754 actually been laid before the house and read cannot be included
37553755 under a motion for the previous question.
37563756 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
37573757 TABLE. If a motion to table is made directly to a main motion, the
37583758 motion for the previous question is not in order. In a case where an
37593759 amendment to a main motion is pending, and a motion to table the
37603760 amendment is made, it is in order to move the previous question on
37613761 the main motion, the pending amendment, and the motion to table the
37623762 amendment.
37633763 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
37643764 QUESTION. There is no acceptable substitute for a motion for the
37653765 previous question, nor can other motions be applied to it.
37663766 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
37673767 TABLING. The motion for the previous question is not subject to a
37683768 motion to table.
37693769 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
37703770 QUESTION ACCEPTED. The motion to adjourn is not in order after a
37713771 motion for the previous question is accepted by the chair, or after
37723772 the seconding of such motion and before a vote is taken.
37733773 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
37743774 After the previous question has been ordered, no motion shall be in
37753775 order until the question or questions on which it was ordered have
37763776 been voted on, without debate, except:
37773777 (1) a motion for a call of the house, and motions
37783778 incidental thereto;
37793779 (2) a motion to extend the time of a member closing on
37803780 a proposition;
37813781 (3) a motion to permit a member who has the right to
37823782 speak to yield the time or a part thereof to another member;
37833783 (4) a request for and a verification of a vote;
37843784 (5) a motion to reconsider the vote by which the
37853785 previous question was ordered. A motion to reconsider may be made
37863786 only once and that must be before any vote under the previous
37873787 question has been taken;
37883788 (6) a motion to table a motion to reconsider the vote
37893789 by which the previous question has been ordered;
37903790 (7) a double motion to reconsider and table the vote by
37913791 which the previous question was ordered.
37923792 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
37933793 QUESTION ORDERED. No motion for an adjournment or a recess shall be
37943794 in order after the previous question is ordered until the final vote
37953795 under the previous question has been taken, unless the roll call
37963796 shows the absence of a quorum.
37973797 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
37983798 adjourns without a quorum under the previous question, the previous
37993799 question shall remain in force and effect when the bill,
38003800 resolution, or other proposition is again laid before the house.
38013801 CHAPTER C. RECONSIDERATION
38023802 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
38033803 has been decided by the house and the yeas and nays have been called
38043804 for and recorded, any member voting with the prevailing side may, on
38053805 the same legislative day, or on the next legislative day, move a
38063806 reconsideration; however, if a reconsideration is moved on the next
38073807 legislative day, it must be done before the order of the day, as
38083808 designated in the 10th item of Rule 6, Section 1(a), is taken up.
38093809 If the house refuses to reconsider, or on reconsideration, affirms
38103810 its decision, no further action to reconsider shall be in order.
38113811 (b) Where the yeas and nays have not been called for and
38123812 recorded, any member, regardless of whether he or she voted on the
38133813 prevailing side or not, may make the motion to reconsider; however,
38143814 even when the yeas and nays have not been recorded, the following
38153815 shall not be eligible to make a motion to reconsider:
38163816 (1) a member who was absent;
38173817 (2) a member who was paired and, therefore, did not
38183818 vote; and
38193819 (3) a member who was recorded in the journal as having
38203820 voted on the losing side.
38213821 (c) Except as otherwise provided by this subsection, a
38223822 motion to reconsider the vote by which a bill, joint resolution, or
38233823 concurrent resolution was defeated is not in order unless a member
38243824 has previously provided at least one hour's notice of intent to make
38253825 the motion by addressing the house when the house is in session and
38263826 stating that a member intends to make a motion to reconsider the
38273827 vote by which the bill or resolution was defeated. It is not
38283828 necessary for the member providing the notice to be eligible to make
38293829 or to be the member who subsequently makes the motion to reconsider.
38303830 If notice of intent to make a motion to reconsider is given within
38313831 the period that the motion to reconsider may be made under
38323832 Subsection (a) of this section and that period expires during the
38333833 one-hour period required by this subsection, then the period within
38343834 which the motion may be made under Subsection (a) is extended by the
38353835 amount of time, not to exceed one hour during which the house is in
38363836 session, necessary to satisfy the one-hour notice required by this
38373837 subsection. This subsection does not apply to a motion to
38383838 reconsider and table or to a motion to reconsider and spread on the
38393839 journal, if no business has been transacted after the defeat of the
38403840 measure.
38413841 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
38423842 reconsider shall be debatable only when the question to be
38433843 reconsidered is debatable. Even though the previous question was
38443844 in force before the vote on a debatable question was taken, debate
38453845 is permissible on the reconsideration of such debatable question.
38463846 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
38473847 reconsider shall be decided by a majority vote, even though the vote
38483848 on the original question requires a two-thirds vote for affirmative
38493849 action. If the motion to reconsider prevails, the question then
38503850 immediately recurs on the question reconsidered.
38513851 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
38523852 reconsider cannot be withdrawn unless permission is given by a
38533853 majority vote of the house, and the motion may be called up by any
38543854 member.
38553855 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
38563856 reconsider shall be subject to a motion to table, which, if carried,
38573857 shall be a final disposition of the motion to reconsider.
38583858 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
38593859 motion to reconsider and table shall be in order. It shall be
38603860 undebatable. When carried, the motion to reconsider shall be
38613861 tabled. When it fails, the question shall then be on the motion to
38623862 reconsider, and the motion to reconsider shall, without further
38633863 action, be spread on the journal, but it may be called up by any
38643864 member, in accordance with the provisions of Section 43 of this
38653865 rule.
38663866 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
38673867 If a motion to reconsider is not disposed of when made, it shall be
38683868 entered in the journal, and cannot, after that legislative day, be
38693869 called up and disposed of unless one legislative day's notice has
38703870 been given.
38713871 (b) Unless called up and disposed of prior to 72 hours
38723872 before final adjournment of the session, all motions to reconsider
38733873 shall be regarded as determined and lost.
38743874 (c) All motions to reconsider made during the last 72 hours
38753875 of the session shall be disposed of when made; otherwise, the motion
38763876 shall be considered as lost.
38773877 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
38783878 member voting on the prevailing side may make a motion to reconsider
38793879 and spread on the journal, which does not require a vote, and on the
38803880 motion being made, it shall be entered on the journal. Any member,
38813881 regardless of whether he or she voted on the prevailing side or not,
38823882 who desires immediate action on a motion to reconsider which has
38833883 been spread on the journal, can call it up as soon as it is made, and
38843884 demand a vote on it, or can call it up and move to table it.
38853885 (b) If the motion to table the motion to reconsider is
38863886 defeated, the motion to reconsider remains spread on the journal
38873887 for future action; however, any member, regardless of whether he or
38883888 she voted on the prevailing side or not, can call the motion from
38893889 the journal for action by the house, and, once disposed of, no other
38903890 motion to reconsider can be made.
38913891 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
38923892 the first 76 calendar days of a regular session, when any bill,
38933893 resolution, or other paper has been in committee for 6 calendar
38943894 days, exclusive of the calendar day on which it was referred, it
38953895 shall be in order for a member to move that the committee be
38963896 required to report the same within 7 calendar days. This motion
38973897 shall require a two-thirds vote for passage.
38983898 (b) After the first 76 calendar days of a regular session,
38993899 when any bill, resolution, or other paper has been in committee for
39003900 6 calendar days, exclusive of the calendar day on which it was
39013901 referred, it shall be in order for a member to move that the
39023902 committee be required to report the same within 7 calendar days.
39033903 This motion shall require a majority vote for passage.
39043904 (c) A motion to instruct a committee to report is not a
39053905 privileged motion and must be made during the routine motion period
39063906 unless made under a suspension of the rules.
39073907 (d) The house shall have no authority to instruct a
39083908 subcommittee directly; however, instructions recognized under the
39093909 rules may be given to a committee and shall be binding on all
39103910 subcommittees.
39113911 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
39123912 During the first 76 calendar days of a regular session, when any
39133913 bill, resolution, or other paper has been in committee for 7
39143914 calendar days after the committee was instructed by the house to
39153915 report that measure by a motion made under Section 45 of this rule,
39163916 it shall be in order for a member to move to rerefer the bill,
39173917 resolution, or other paper to a different committee. This motion
39183918 shall require a two-thirds vote for passage.
39193919 (b) After the first 76 calendar days of a regular session,
39203920 when any bill, resolution, or other paper has been in committee for
39213921 7 calendar days after the committee has been instructed to report
39223922 that measure by a motion made under Section 45 of this rule, it
39233923 shall be in order for a member to move to rerefer the bill,
39243924 resolution, or other paper to a different committee. This motion
39253925 shall require a majority vote for passage.
39263926 (c) A motion to rerefer a bill, resolution, or other paper
39273927 from one committee to another committee is not a privileged motion
39283928 and must be made during the routine motion period unless made under
39293929 a suspension of the rules.
39303930 RULE 8. BILLS
39313931 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
39323932 laws must be incorporated in bills, which shall consist of:
39333933 (1) a title or caption, beginning with the words "A
39343934 Bill to be Entitled An Act" and a brief statement that gives the
39353935 legislature and the public reasonable notice of the subject of the
39363936 proposed measure;
39373937 (2) an enacting clause, "Be It Enacted by the
39383938 Legislature of the State of Texas"; and
39393939 (3) the bill proper.
39403940 (b) A house bill that would impose, authorize, increase, or
39413941 change the rate or amount of a tax, assessment, surcharge, or fee
39423942 must include a short statement at the end of its title or caption
39433943 indicating the general effect of the bill on the tax, assessment,
39443944 surcharge, or fee, such as "imposing a tax (or assessment),"
39453945 "authorizing a surcharge (or fee)," or "increasing the rate (or
39463946 amount) of a tax."
39473947 (c) A house bill that would create a criminal offense,
39483948 increase the punishment for an existing criminal offense or
39493949 category of offenses, or change the eligibility of a person for
39503950 community supervision, parole, or mandatory supervision must
39513951 include a short statement at the end of its title or caption
39523952 indicating the general effect of the bill on the offense,
39533953 punishment, or eligibility, such as "creating a criminal offense,"
39543954 "increasing a criminal penalty," or "changing the eligibility for
39553955 community supervision (or parole or mandatory supervision)."
39563956 (d) A house bill that would create a requirement that an
39573957 individual or entity obtain a license, certificate, registration,
39583958 permit, or other authorization before engaging in a particular
39593959 occupation or profession or that would expand an existing
39603960 requirement to additional individuals or entities must include a
39613961 short statement at the end of its title or caption indicating the
39623962 general effect of the bill on the occupation or profession, such as
39633963 "requiring an occupational license" or "expanding the
39643964 applicability of an occupational license (or permit or
39653965 certificate)."
39663966 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
39673967 revived or amended by reference to its title. The act revived, or
39683968 the section or sections amended, shall be reenacted and published
39693969 at length. This rule does not apply to revisions adopted under
39703970 Article III, Section 43, of the Texas Constitution.
39713971 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
39723972 (except a general appropriations bill, which may embrace the
39733973 various subjects and accounts for which money is appropriated or a
39743974 revision adopted under Article III, Section 43, of the Texas
39753975 Constitution) shall contain only one subject.
39763976 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
39773977 BILL. A general law may not be changed by the provisions in an
39783978 appropriations bill.
39793979 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
39803980 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
39813981 resolution may have only one primary author. The signature of the
39823982 primary author shall be the only signature that appears on the
39833983 measure filed with the chief clerk. The signatures of all coauthors
39843984 or joint authors shall appear on the appropriate forms in the chief
39853985 clerk's office.
39863986 (b) Any member may become the coauthor of a bill or
39873987 resolution by securing permission from the author. If permission
39883988 is secured from the author prior to the time the measure is filed
39893989 with the chief clerk, the primary author and the coauthor shall sign
39903990 the appropriate form, which shall be included with the measure when
39913991 it is filed with the chief clerk. If a member wishes to become the
39923992 coauthor of a measure after it has been filed, no action shall be
39933993 required by the house, but it shall be the duty of the member
39943994 seeking to be a coauthor to obtain written authorization on the
39953995 appropriate form from the author. This authorization shall be
39963996 filed with the chief clerk before the coauthor signs the form for
39973997 the bill or resolution. The chief clerk shall report daily to the
39983998 journal clerk the names of members filed as coauthors of bills or
39993999 resolutions. If a coauthor of a bill or resolution desires to
40004000 withdraw from such status, the member shall notify the chief clerk,
40014001 who in turn shall notify the journal clerk.
40024002 (c) The primary author of a measure may designate up to four
40034003 joint authors by providing written authorization on the appropriate
40044004 form to the chief clerk. If a member designated as a joint author
40054005 has not already signed on the measure as a coauthor, that member
40064006 must also sign the form before the records will reflect the joint
40074007 author status of that member. The names of all joint authors shall
40084008 be shown immediately following the primary author's name on all
40094009 official printings of the measure, on all house calendars, in the
40104010 house journal, and in the electronic legislative information
40114011 system.
40124012 (d) The determination of the house sponsor of a senate
40134013 measure is made at the time the measure is reported from committee.
40144014 In the case of multiple requests for house sponsorship, the house
40154015 sponsor of a senate measure shall be determined by the chair of the
40164016 committee, in consultation with the senate author of the measure.
40174017 The chair of the committee must designate a primary sponsor and may
40184018 designate up to four joint sponsors or an unlimited number of
40194019 cosponsors. The names of all joint sponsors shall be shown
40204020 immediately following the primary sponsor's name on all official
40214021 printings of the measure, on all house calendars, in the house
40224022 journal, and in the electronic legislative information system.
40234023 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
40244024 Each bill shall be filed with the chief clerk when introduced and
40254025 shall be numbered in its regular order. Each bill shall be read
40264026 first time by caption and referred by the speaker to the appropriate
40274027 committee with jurisdiction.
40284028 Sec. 7. PREFILING. Beginning the first Monday after the
40294029 general election preceding the next regular legislative session, or
40304030 within 30 days prior to any special session, it shall be in order to
40314031 file with the chief clerk bills and resolutions for introduction in
40324032 that session. On receipt of the bills or resolutions, the chief
40334033 clerk shall number them and make them a matter of public record,
40344034 available for distribution. Once a bill or resolution has been so
40354035 filed, it may not be recalled. This shall apply only to
40364036 members-elect of the succeeding legislative session.
40374037 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
40384038 resolutions introduced during the first 60 calendar days of the
40394039 regular session may be considered by the committees and in the house
40404040 and disposed of at any time during the session, in accordance with
40414041 the rules of the house. After the first 60 calendar days of a
40424042 regular session, any bill or joint resolution, except local bills,
40434043 emergency appropriations, and all emergency matters submitted by
40444044 the governor in special messages to the legislature, shall require
40454045 an affirmative vote of four-fifths of those members present and
40464046 voting to be introduced.
40474047 (b) In addition to a bill defined as a "local bill" under
40484048 Section 10(c) of this rule, a bill is considered local for purposes
40494049 of this section if it relates to a specified district created under
40504050 Article XVI, Section 59, of the Texas Constitution (water
40514051 districts, etc.), a specified hospital district, or another
40524052 specified special purpose district, even if neither these rules nor
40534053 the Texas Constitution require publication of notice for that bill.
40544054 Sec. 9. FILING. (a) A bill must be filed with the chief
40554055 clerk in the manner and in an electronic or other format specified
40564056 by the chief clerk at the time that the bill is introduced.
40574057 (b) A bill relating to conservation and reclamation
40584058 districts and governed by the provisions of Article XVI, Section
40594059 59, of the Texas Constitution must be filed with copies of the
40604060 notice to introduce the bill attached if the bill is intended to:
40614061 (1) create a particular conservation and reclamation
40624062 district; or
40634063 (2) amend the act of a particular conservation and
40644064 reclamation district to:
40654065 (A) add additional land to the district;
40664066 (B) alter the taxing authority of the district;
40674067 (C) alter the authority of the district with
40684068 respect to issuing bonds; or
40694069 (D) alter the qualifications or terms of office
40704070 of the members of the governing body of the district.
40714071 Sec. 10. LOCAL BILLS. (a) The house may not consider a
40724072 local bill unless notice of intention to apply for the passage of
40734073 the bill was published as provided by law and evidence of the
40744074 publication is attached to the bill. If not attached to the bill on
40754075 filing with the chief clerk or receipt of the bill from the senate,
40764076 copies of the evidence of timely publication shall be filed with the
40774077 chief clerk and must be distributed to the members of the committee
40784078 not later than the first time the bill is laid out in a committee
40794079 meeting. The evidence shall be attached to the bill on first
40804080 printing and shall remain with the measure throughout the entire
40814081 legislative process, including submission to the governor.
40824082 (b) Neither the house nor a committee of the house may
40834083 consider a bill whose application is limited to one or more
40844084 political subdivisions by means of population brackets or other
40854085 artificial devices in lieu of identifying the political subdivision
40864086 or subdivisions by name. However, this subsection does not prevent
40874087 consideration of a bill that classifies political subdivisions
40884088 according to a minimum or maximum population or other criterion
40894089 that bears a reasonable relation to the purpose of the proposed
40904090 legislation or a bill that updates laws based on population
40914091 classifications to conform to a federal decennial census.
40924092 (c) Except as provided by Subsection (d) of this section,
40934093 "local bill" for purposes of this section means:
40944094 (1) a bill for which publication of notice is required
40954095 under Article XVI, Section 59, of the Texas Constitution (water
40964096 districts, etc.);
40974097 (2) a bill for which publication of notice is required
40984098 under Article IX, Section 9, of the Texas Constitution (hospital
40994099 districts);
41004100 (3) a bill relating to hunting, fishing, or
41014101 conservation of wildlife resources of a specified locality;
41024102 (4) a bill creating or affecting a county court or
41034103 statutory court or courts of one or more specified counties or
41044104 municipalities;
41054105 (5) a bill creating or affecting the juvenile board or
41064106 boards of a specified county or counties; or
41074107 (6) a bill creating or affecting a road utility
41084108 district under the authority of Article III, Section 52, of the
41094109 Texas Constitution.
41104110 (d) A bill is not considered to be a local bill under
41114111 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
41124112 localities, counties, or municipalities so as to be of general
41134113 application or of statewide importance.
41144114 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
41154115 considered unless it first has been referred to a committee and
41164116 reported from it.
41174117 (b) After a bill has been recommitted, it shall be
41184118 considered by the committee as a new subject.
41194119 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
41204120 before the house shall be taken up and acted on in the order in which
41214121 they appear on their respective calendars, and each calendar shall
41224122 have the priority accorded to it by the provisions of Rule 6,
41234123 Sections 7 and 8.
41244124 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
41254125 that is local as defined by Section 10(c) of this rule and that
41264126 appears on a local, consent, and resolutions calendar shall be
41274127 considered for any purpose after the 130th day of a regular session,
41284128 except to:
41294129 (1) act on senate amendments;
41304130 (2) adopt a conference committee report;
41314131 (3) reconsider the bill to make corrections; or
41324132 (4) pass the bill notwithstanding the objections of
41334133 the governor.
41344134 (b) No other house bill or joint resolution shall be
41354135 considered on its second reading after the 122nd day of a regular
41364136 session if it appears on a daily or supplemental daily house
41374137 calendar, or for any purpose after the 123rd day of a regular
41384138 session, except to:
41394139 (1) act on senate amendments;
41404140 (2) adopt a conference committee report;
41414141 (3) reconsider the bill or resolution to make
41424142 corrections; or
41434143 (4) pass the bill notwithstanding the objections of
41444144 the governor.
41454145 (c) No senate bill or joint resolution shall be considered
41464146 on its second reading after the 134th day of a regular session if it
41474147 appears on a daily or supplemental daily house calendar, or for any
41484148 purpose after the 135th day of a regular session, except to:
41494149 (1) adopt a conference committee report;
41504150 (2) reconsider the bill or resolution to remove house
41514151 amendments;
41524152 (3) reconsider the bill or resolution to make
41534153 corrections; or
41544154 (4) pass the bill notwithstanding the objections of
41554155 the governor.
41564156 (d) The speaker shall not lay any bill or joint resolution
41574157 before the house or permit a vote to be taken on its passage on the
41584158 136th and 137th days of a regular session, except to:
41594159 (1) act on senate amendments;
41604160 (2) adopt a conference committee report;
41614161 (3) reconsider the bill or resolution to remove house
41624162 amendments;
41634163 (4) reconsider the bill or resolution to make
41644164 corrections; or
41654165 (5) pass the bill notwithstanding the objections of
41664166 the governor.
41674167 (e) The speaker shall not lay any bill or joint resolution
41684168 before the house or permit a vote to be taken on its passage on the
41694169 138th and 139th days of a regular session, except to:
41704170 (1) adopt a conference committee report;
41714171 (2) reconsider the bill or resolution to remove house
41724172 amendments;
41734173 (3) discharge house conferees and concur in senate
41744174 amendments;
41754175 (4) reconsider the bill or resolution to make
41764176 corrections; or
41774177 (5) pass the bill notwithstanding the objections of
41784178 the governor.
41794179 (f) No vote shall be taken upon the passage of any bill or
41804180 resolution within 24 hours of the final adjournment of a regular
41814181 session unless it be to reconsider the bill or resolution to make
41824182 corrections, or to adopt a corrective resolution.
41834183 (g) The clock of record for the house, as determined under
41844184 Rule 2, Section 2, shall be used to determine compliance with
41854185 deadlines and other time requirements of the Texas Constitution and
41864186 these rules. A motion to suspend this rule must be decided by a
41874187 record vote.
41884188 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
41894189 resolution, except the general appropriations bill, shall be
41904190 delivered to each member by making a copy of the bill or resolution
41914191 available in an electronic format for viewing by the member and,
41924192 when the electronic format copy of the appropriate printing becomes
41934193 available, by sending notice of that fact to a Capitol e-mail
41944194 address designated by the member, at least 36 hours if convened in
41954195 regular session and 24 hours if convened in special session before
41964196 the bill can be considered by the house on second reading. If a
41974197 member informs the chief clerk in writing that the member desires to
41984198 receive paper copies of bills and resolutions under this section in
41994199 addition to delivery in an electronic format, the chief clerk shall
42004200 place a paper copy of the bill or resolution in the newspaper box of
42014201 the member as soon as practicable after the electronic copies of the
42024202 bill or resolution are made available for viewing.
42034203 (a-1) A printed copy of the general appropriations bill
42044204 shall be placed in the newspaper mailbox of each member at least 168
42054205 hours during a regular session and at least 72 hours during a
42064206 special session before the bill can be considered by the house on
42074207 second reading.
42084208 (b) By majority vote, the house may order both the original
42094209 bill or resolution and the complete committee substitute to be
42104210 printed. It shall not be necessary for the house to order complete
42114211 committee substitutes printed in lieu of original bills.
42124212 (c) A two-thirds vote of the house is necessary to order
42134213 that bills, other than local bills, be not printed. It shall not be
42144214 necessary for the house to order that local bills be not printed.
42154215 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
42164216 have the force of law until it has been read on three several
42174217 legislative days in each house and free discussion allowed, unless
42184218 this provision is suspended by a vote of four-fifths of the members
42194219 present and voting, a quorum being present. The yeas and nays shall
42204220 be taken on the question of suspension and entered in the journal.
42214221 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
42224222 consideration of any bill or resolution, the house may, by a
42234223 majority vote, order the bill or resolution to be considered
42244224 section by section, or department by department, until each section
42254225 or department has been given separate consideration. If such a
42264226 procedure is ordered, only amendments to the section or department
42274227 under consideration at that time shall be in order. However, after
42284228 each section or department has been considered separately, the
42294229 entire bill or resolution shall be open for amendment, subject to
42304230 the provisions of Rule 11, Section 8(b). Once the consideration of
42314231 a bill section by section or department by department has been
42324232 ordered, it shall not be in order to move the previous question on
42334233 the entire bill, to recommit it, to lay it on the table, or to
42344234 postpone it, until each section or department has been given
42354235 separate consideration or until the vote by which section by
42364236 section consideration was ordered is reconsidered.
42374237 (b) A motion to consider a bill section by section is
42384238 debatable within narrow limits; that is, the pros and cons of the
42394239 proposed consideration can be debated but not the merits of the
42404240 bill.
42414241 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
42424242 bill or complete committee substitute for a bill has been taken up
42434243 and read, amendments shall be in order. If no amendment is made, or
42444244 if those proposed are disposed of, then the final question on its
42454245 second reading shall be, in the case of a house bill, whether it
42464246 shall be passed to engrossment, or, in the case of a senate bill,
42474247 whether it shall pass to its third reading. All bills ordered
42484248 passed to engrossment or passed to a third reading shall remain on
42494249 the calendar on which placed, but with future priority over bills
42504250 that have not passed second reading.
42514251 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
42524252 shall certify the final passage of each bill, noting on the bill the
42534253 date of its passage, and the vote by which it passed, if by a yea and
42544254 nay vote.
42554255 Sec. 19. EFFECTIVE DATE. Every law passed by the
42564256 legislature, except the General Appropriations Act, shall take
42574257 effect or go into force on the 91st day after the adjournment of the
42584258 session at which it was enacted, unless the legislature provides
42594259 for an earlier effective date by a vote of two-thirds of all the
42604260 members elected to each house. The vote shall be taken by yeas and
42614261 nays and entered in the journals.
42624262 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
42634263 After a bill or resolution has been considered and defeated by
42644264 either house of the legislature, no bill or resolution containing
42654265 the same substance shall be passed into law during the same session.
42664266 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
42674267 In order to assure the continuation of financial support of
42684268 existing state services through the passage of the general
42694269 appropriations bill, it shall not be in order during the first 118
42704270 days of the regular session for the speaker to lay before the house,
42714271 prior to the consideration, passage, and certification by the
42724272 comptroller of the general appropriations bill, any bill that
42734273 directly or indirectly prevents from being available for purposes
42744274 of funding state government generally any money that under existing
42754275 law would otherwise be available for that purpose, including a bill
42764276 that transfers or diverts money in the state treasury from the
42774277 general revenue fund to another fund.
42784278 (b) In order to assure compliance with the limitation on
42794279 appropriations of state tax revenue not dedicated by the
42804280 constitution as provided by Article VIII, Section 22, of the Texas
42814281 Constitution, it is not in order for the speaker to lay before the
42824282 house, prior to the time that the general appropriations bill has
42834283 been finally passed and sent to the comptroller, any bill that
42844284 appropriates funds from the state treasury that are not dedicated
42854285 by the constitution.
42864286 (c) When bills subject to the provisions of Subsection (a)
42874287 of this section become eligible for consideration, they shall be
42884288 considered for passage under the rules of the house and the joint
42894289 rules as any other bill but shall not be signed by the speaker as
42904290 required by the Constitution of Texas and the rules of the house
42914291 until the general appropriations bill has been signed by the
42924292 presiding officers of both houses of the legislature and
42934293 transmitted to the comptroller of public accounts for certification
42944294 as required by Article III, Section 49a, of the Constitution of
42954295 Texas.
42964296 (d) All bills subject to the provisions of Subsection (a) of
42974297 this section that have finally passed both houses shall be enrolled
42984298 as required by the rules and transmitted to the speaker. The
42994299 speaker shall note on each bill the date and hour of final
43004300 legislative action and shall withhold his or her signature and any
43014301 further action on all such bills until the general appropriations
43024302 bill has been signed by the presiding officers of both houses and
43034303 transmitted to the comptroller of public accounts for
43044304 certification. Immediately thereafter, the speaker shall sign in
43054305 the presence of the house all bills on which further action was
43064306 being withheld because the bills were subject to the provisions of
43074307 this section. After being signed by the speaker, the bills shall
43084308 then be transmitted to the comptroller of public accounts for
43094309 certification or to the governor, as the case may be, in the order
43104310 in which final legislative action was taken. "Final legislative
43114311 action," as that term is used in this subsection, shall mean the
43124312 last act of either house meeting in general session necessary to
43134313 place the bill in its final form preparatory to enrollment.
43144314 (e) Subsections (a)-(d) of this section shall not apply to
43154315 any bills providing for:
43164316 (1) the payment of expenses of the legislature;
43174317 (2) the payment of judgments against the state;
43184318 (3) any emergency matter when requested by the
43194319 governor in a formal message to the legislature; or
43204320 (4) the reduction of taxes.
43214321 (e-1) Subsection (a) of this section does not apply to a
43224322 bill that prevents the deposit into the general revenue fund of
43234323 money received from the federal government or earnings on that
43244324 money if the bill does not prevent that money from being available
43254325 for the purpose of funding state government generally to the same
43264326 extent as under existing law.
43274327 (f) Unless within the authority of a resolution or
43284328 resolutions adopted pursuant to Article VIII, Section 22(b), of the
43294329 Texas Constitution, it is not in order for the house to consider for
43304330 final passage on third reading, on motion to concur in senate
43314331 amendments, or on motion to adopt a conference committee report, a
43324332 bill appropriating funds from the state treasury in an amount that,
43334333 when added to amounts previously appropriated by bills finally
43344334 passed and sent or due to be sent to the comptroller, would exceed
43354335 the limit on appropriations established under Chapter 316,
43364336 Government Code.
43374337 (g) The general appropriations bill shall be reported to the
43384338 house by the Committee on Appropriations not later than the 90th
43394339 calendar day of the regular session. Should the Committee on
43404340 Appropriations fail to report by the deadline, Subsections (a)-(d)
43414341 of this section shall be suspended for the balance of that regular
43424342 session.
43434343 RULE 9. JOINT RESOLUTIONS
43444344 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
43454345 proposed amendment to the Texas Constitution shall take the form of
43464346 a joint resolution, which shall be subject to the rules that govern
43474347 the proceedings on bills, except as provided by this section.
43484348 (b) A joint resolution is not subject to the provisions of
43494349 Rule 8, Section 3, or Rule 11, Section 3.
43504350 (c) A joint resolution shall be adopted on any reading after
43514351 the first if it receives a two-thirds vote of the elected membership
43524352 of the house. If such a joint resolution receives only a majority
43534353 vote on second reading, it shall be passed to engrossment, and
43544354 subsequent proceedings shall be the same as those governing the
43554355 final passage of bills which have been passed to engrossment. If
43564356 such a joint resolution does not receive a two-thirds vote of the
43574357 elected membership of the house on third reading and final passage,
43584358 it shall fail of adoption.
43594359 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
43604360 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
43614361 proposed amendment to or application to Congress for a convention
43624362 to amend the Constitution of the United States shall take the form
43634363 of a joint resolution, which shall be subject to the rules that
43644364 govern the proceedings on bills, except that it shall be adopted on
43654365 second reading if it receives a majority vote of the members present
43664366 and voting, a quorum being present. If such a joint resolution
43674367 fails to receive a majority vote, it shall fail of adoption and
43684368 shall not be considered again unless revived by a motion to
43694369 reconsider as otherwise provided in the rules.
43704370 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
43714371 resolutions on committee report shall be referred to the Committee
43724372 on Calendars for placement on an appropriate calendar. The
43734373 Committee on Calendars shall maintain a separate calendar for house
43744374 joint resolutions and a separate calendar for senate joint
43754375 resolutions. Senate joint resolutions shall be considered on
43764376 calendar Wednesdays and calendar Thursdays along with senate bills.
43774377 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
43784378 Sec. 1. FILING. Resolutions shall be introduced by filing a
43794379 resolution with the chief clerk in the manner and in an electronic
43804380 or other format specified by the chief clerk, who shall number and
43814381 record house resolutions in one series and concurrent resolutions
43824382 in a separate series.
43834383 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
43844384 recording, all resolutions shall be sent to the speaker for
43854385 referral to the proper committee.
43864386 (b) Resolutions proposing the expenditure of money out of
43874387 the contingent expense fund of the legislature shall be referred to
43884388 the Committee on House Administration.
43894389 (c) All other resolutions shall be referred to the
43904390 appropriate committee with jurisdiction.
43914391 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
43924392 on committee report, other than privileged resolutions, shall be
43934393 referred immediately to the appropriate calendars committee for
43944394 placement on the appropriate calendar.
43954395 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
43964396 resolutions shall be considered by the house only at the time
43974397 assigned for their consideration on the calendar, in accordance
43984398 with the provisions of Rule 6, Section 7.
43994399 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
44004400 on final passage of a resolution other than a resolution of a purely
44014401 ceremonial or honorary nature must be by record vote with the vote
44024402 of each member entered in the journal as required by Section 12(b),
44034403 Article III, Texas Constitution.
44044404 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
44054405 take the same course as house resolutions, except that they shall be
44064406 sent to the governor for signing when finally passed by both houses.
44074407 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
44084408 office of mascot shall be named in and elected by a single house
44094409 resolution.
44104410 (b) Only children of house members who are under the age of
44114411 12 years shall be eligible for election to the honorary office of
44124412 mascot. A child once named a mascot shall not be eligible for the
44134413 honor a second time.
44144414 (c) No separate classification or special title shall be
44154415 given to any mascot, but all shall receive the same title of
44164416 honorary mascot of the house of representatives.
44174417 (d) The speaker shall issue a certificate showing the
44184418 election of each mascot and deliver it to the parent member of the
44194419 child.
44204420 Pictures of mascots shall appear on the panel picture of the
44214421 house.
44224422 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
44234423 SESSIONS. The subject matter of house resolutions and concurrent
44244424 resolutions does not have to be submitted by the governor in a
44254425 called session before they can be considered.
44264426 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
44274427 Resolutions authorizing the enrolling clerk of the house or senate
44284428 to make technical corrections to a measure that has been finally
44294429 acted upon by both houses of the legislature shall be privileged in
44304430 nature and need not be referred to committee. Such resolutions
44314431 shall be eligible for consideration by the house upon introduction
44324432 in the house or receipt from the senate.
44334433 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
44344434 RESOLUTION. The enrolled printing of a house congratulatory or
44354435 memorial resolution shall include a place for the signature of the
44364436 primary author of the resolution. The chief clerk shall provide the
44374437 primary author with the opportunity to sign the resolution after
44384438 the resolution is enrolled. The absence of the primary author's
44394439 signature does not affect the validity of the resolution as adopted
44404440 by the house.
44414441 RULE 11. AMENDMENTS
44424442 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
44434443 resolution, motion, or proposition is under consideration, a motion
44444444 to amend and a motion to amend that amendment shall be in order. It
44454445 shall also be in order to offer a further amendment by way of a
44464446 substitute. Such a substitute may not be amended. If the
44474447 substitute is adopted, the question shall then be on the amendment
44484448 as substituted, and under this condition an amendment is not in
44494449 order.
44504450 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
44514451 AMENDMENTS. No motion or proposition on a subject different from
44524452 the subject under consideration shall be admitted as an amendment
44534453 or as a substitute for the motion or proposition under debate.
44544454 "Proposition" as used in this section shall include a bill,
44554455 resolution, joint resolution, or any other motion which is
44564456 amendable.
44574457 Amendments pertaining to the organization, powers,
44584458 regulation, and management of the agency, commission, or advisory
44594459 committee under consideration are germane to bills extending state
44604460 agencies, commissions, or advisory committees under the provisions
44614461 of the Texas Sunset Act (Chapter 325, Government Code).
44624462 An amendment to a committee substitute laid before the house
44634463 in lieu of an original bill is germane if each subject of the
44644464 amendment is a subject that is included in the committee substitute
44654465 or was included in the original bill.
44664466 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
44674467 bill shall be amended in its passage through either house so as to
44684468 change its original purpose.
44694469 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
44704470 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
44714471 resolution shall not be in order during its consideration on a
44724472 local, consent, and resolutions calendar set by the Committee on
44734473 Local and Consent Calendars, unless the amendments have first been
44744474 submitted to and approved by the Committee on Local and Consent
44754475 Calendars, which shall be noted thereon by the chair of the
44764476 Committee on Local and Consent Calendars prior to the offering of
44774477 the amendments.
44784478 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
44794479 taken up on its third reading, amendments shall be in order, but
44804480 shall require a two-thirds vote of the members present for their
44814481 adoption. A bill on third reading may be recommitted to a committee
44824482 and later reported to the house with amendments, in which case the
44834483 bill shall again take the course of a bill at its second reading.
44844484 Sec. 6. FILING AN AMENDMENT. (a) The chief clerk shall
44854485 ensure that for an amendment other than a committee amendment,
44864486 copies of each amendment are filed with the speaker as follows:
44874487 (1) six copies of each amendment; and
44884488 (2) four additional copies of each amendment that
44894489 exceeds one page in length.
44904490 (b) The chief clerk may require the member offering the
44914491 amendment to provide the number of copies required under Subsection
44924492 (a) of this section. The chief clerk shall ensure that, as soon as
44934493 practicable after being filed by the offering member, each
44944494 amendment is made available on the floor amendment system, or the
44954495 system's successor in function, through which members of the house
44964496 may view an electronic image of submitted amendments. When the
44974497 amendment is read, two copies shall go to the chief clerk, one copy
44984498 to the journal clerk, one copy to the reading clerk, and one copy to
44994499 the speaker.
45004500 (c) The chief clerk shall retain one copy of each amendment
45014501 filed with the speaker under this section whether or not the
45024502 amendment was laid out by the speaker for consideration.
45034503 (d) If an amendment is required to be prefiled with the
45044504 chief clerk pursuant to a rule for floor consideration proposed by
45054505 the Committee on Calendars and adopted under Rule 6, Section 16(f),
45064506 the amendment must be provided to the chief clerk, in a manner
45074507 determined by the chief clerk under the direction of the Committee
45084508 on House Administration, and available in the chief clerk's office
45094509 in accordance with the Calendar Committee rule for floor
45104510 consideration.
45114511 (e) The speaker shall not recognize a member to offer an
45124512 original amendment that exceeds one page in length and that is in
45134513 the form of a complete substitute for the bill or resolution laid
45144514 before the house, or in the opinion of the speaker is a substantial
45154515 substitute, unless the amendment has been provided to the chief
45164516 clerk, in a manner determined by the chief clerk under the direction
45174517 of the Committee on House Administration, and was available in the
45184518 chief clerk's office at least 12 hours prior to the time the
45194519 calendar on which the bill or resolution to be amended is eligible
45204520 for consideration.
45214521 (f) An amendment may be typed, hand-printed, or
45224522 handwritten, but must be legible in order to be offered.
45234523 (g) The speaker shall not recognize a member to offer an
45244524 original amendment to a bill on second reading if the bill extends
45254525 an agency, commission, or advisory committee under the Texas Sunset
45264526 Act unless the amendment has been provided to the chief clerk, in a
45274527 manner determined by the chief clerk under the direction of the
45284528 Committee on House Administration, and was available in the chief
45294529 clerk's office at least 24 hours prior to the time the calendar on
45304530 which the bill appears for second reading is first eligible for
45314531 consideration.
45324532 (h) If the house is convened in regular session, the speaker
45334533 shall not recognize a member to offer an original amendment to the
45344534 general appropriations bill on second reading unless the amendment
45354535 has been provided to the chief clerk, in a manner determined by the
45364536 chief clerk under the direction of the Committee on House
45374537 Administration, and was available in the chief clerk's office at
45384538 least 72 hours prior to the time the calendar on which the general
45394539 appropriations bill appears for second reading is first eligible
45404540 for consideration.
45414541 (i) The Committee on House Administration shall ensure
45424542 that:
45434543 (1) the floor amendment system through which members
45444544 of the house may view an electronic image of current or past
45454545 amendments, or the system's successor in function, is available to
45464546 the public on the Internet;
45474547 (2) members of the public using the system available
45484548 on the Internet may view the same information that members may view
45494549 at the same time that members may view the information; and
45504550 (3) members of the public using the system available
45514551 on the Internet may view any amendment required to be provided to
45524552 the chief clerk under Subsections (e), (g), and (h) of this section
45534553 at least 10 hours prior to the time the calendar on which the bill or
45544554 resolution to be amended is eligible for consideration.
45554555 (j) To the extent practicable, an amendment must include the
45564556 page and line numbers of the text of the bill, resolution, or
45574557 amendment being amended. Failure to comply with the requirements of
45584558 this subsection is not subject to a point of order.
45594559 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
45604560 motions to amend shall be offered in the following order:
45614561 (1) motions to amend by striking out the enacting
45624562 clause of a bill (or the resolving clause of a resolution), which
45634563 amendment cannot be amended or substituted;
45644564 (2) motions to amend an original bill, resolution,
45654565 motion, or proposition (other than substitute bills as provided for
45664566 in Subdivision (3) below), which shall have precedence as follows:
45674567 (A) original amendment;
45684568 (B) amendment to the amendment;
45694569 (C) substitute for the amendment to the
45704570 amendment.
45714571 Recognition for the offering of original amendments shall be
45724572 as follows: first, the main author; second, the member or members
45734573 offering the committee amendment; and third, members offering other
45744574 amendments from the floor;
45754575 (3) motions to amend an original bill by striking out
45764576 all after the enacting clause (substitute bills), which substitute
45774577 bills shall be subject to amendment as follows:
45784578 (A) amendment to the substitute bill;
45794579 (B) substitute for the amendment to the
45804580 substitute bill.
45814581 Recognition for offering such substitute bills shall be as
45824582 follows: first, the main author of the original bill, if the
45834583 member has not sought to perfect the bill by amendments as provided
45844584 for in Subdivision (2) above; second, the member or members
45854585 offering the committee amendment; and, third, members offering
45864586 amendments from the floor.
45874587 It shall be in order under the procedure described in this
45884588 subdivision to have as many as four complete measures pending
45894589 before the house at one time; that is, an original bill, an
45904590 amendment striking out all after the enacting clause of the bill and
45914591 inserting a new bill body, an amendment to the amendment striking
45924592 out all after the enacting clause of the bill and inserting a new
45934593 bill body, and a substitute for this amendment to the amendment to
45944594 the original bill which is also a new bill body. These "substitute
45954595 bills" shall be voted on in the reverse order of their offering;
45964596 (4) motions to amend the caption of a bill or joint
45974597 resolution, which may also be offered in accordance with Section
45984598 9(a) of this rule.
45994599 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
46004600 out and to insert new matter in lieu of that to be stricken out shall
46014601 be regarded as a substitute and shall be indivisible.
46024602 (b) Matter inserted or stricken out of an original bill by
46034603 way of amendment may not be taken out or reinserted at a later time
46044604 on the same reading except under the following conditions:
46054605 (1) reconsideration of the inserting or deleting
46064606 amendment;
46074607 (2) adoption of a "substitute bill" amendment;
46084608 (3) adoption of an amendment for a whole paragraph,
46094609 section or subdivision of a bill which so materially changes the
46104610 original text that the portion inserted or deleted is in fact of
46114611 minor importance.
46124612 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
46134613 of a bill or resolution shall not be in order until all other
46144614 proposed amendments have been acted on and the house is ready to
46154615 vote on the passage of the measure, and it shall then be decided
46164616 without debate.
46174617 (b) If the previous question has been ordered on a bill or
46184618 joint resolution at any reading, an amendment to the caption of that
46194619 bill or joint resolution may be offered and voted on immediately
46204620 preceding the final vote on the bill or joint resolution.
46214621 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
46224622 amendments shall be admitted only when seconded by 25 members. The
46234623 motion may take either of two forms:
46244624 (1) to limit amendments to those pending before the
46254625 house; or
46264626 (2) to limit amendments to those pending on the
46274627 speaker's desk.
46284628 (b) The motion shall be put by the chair in this manner: "The
46294629 motion has been seconded. Three minutes pro and con debate will be
46304630 allowed on the motion to limit amendments." As soon as the debate
46314631 has ended, the chair shall continue: "As many as are in favor of
46324632 limiting amendments on (here state on which question or questions)
46334633 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
46344634 all other propositions, a motion to limit amendments shall be
46354635 decided by a record vote if demanded by any member. If ordered by a
46364636 majority of the members voting, a quorum being present, the motion
46374637 shall have the effect of confining further debate and consideration
46384638 to those amendments included within the motion, and thereafter the
46394639 chair will accept no more amendments to the proposition to which the
46404640 motion is applied.
46414641 (c) The motion to limit amendments, if adopted, shall not in
46424642 any way cut off or limit debate or other parliamentary maneuvers on
46434643 the pending proposition or propositions or amendment or amendments
46444644 included within the motion. The sole function of the motion is to
46454645 prevent the chair from accepting further amendments to the
46464646 proposition to which the motion is applied.
46474647 (d) Except as otherwise provided, the motion to limit
46484648 amendments shall have no effect on the parliamentary situation to
46494649 which the motion is applied, and the matter to which the motion is
46504650 applied shall continue to be considered by the house in all other
46514651 respects as though the motion had not been made.
46524652 (e) The amendments that are included within the motion to
46534653 limit amendments shall each be subject to amendment, if otherwise
46544654 permitted under the rules.
46554655 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
46564656 motion to limit amendments is not subject to a motion to table.
46574657 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
46584658 is offered, followed by an amendment to that amendment, and then a
46594659 substitute for the amendment to the amendment, these questions
46604660 shall be voted on in the reverse order of their offering.
46614661 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
46624662 amendment is adopted, such action shall be certified by the chief
46634663 clerk on the amendment, and the official copy of the amendment shall
46644664 then be securely attached to the bill or resolution which it amends.
46654665 RULE 12. PRINTING
46664666 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
46674667 Except as otherwise provided in this rule, all bills and joint
46684668 resolutions shall be printed and a copy provided to each member at
46694669 each of the following stages in the parliamentary progress of the
46704670 bill or joint resolution:
46714671 (1) at the time of the committee report on the bill or
46724672 joint resolution, which shall be known as "First Printing" and
46734673 which shall consist of:
46744674 (A) a complete text of the bill or joint
46754675 resolution as reported from committee;
46764676 (B) a complete copy of the bill analysis, a
46774677 complete copy of the summary of committee action, and a complete
46784678 copy of the witness list;
46794679 (C) the text of the committee report;
46804680 (D) the record vote by which the measure was
46814681 reported from committee, including the vote of individual members;
46824682 (E) a copy of the latest fiscal note; and
46834683 (F) a copy of each impact statement received by
46844684 the committee;
46854685 (2) at the time the bill or joint resolution, if
46864686 amended, finally passes the senate, senate amendments and house
46874687 engrossment text will be printed, which shall be known as "Second
46884688 Printing"; and
46894689 (3) at the time the conference committee, if any,
46904690 makes its report on the bill or joint resolution, which shall be
46914691 known as "Third Printing."
46924692 (b) In any section of the first printing of a bill or joint
46934693 resolution that proposes to amend an existing statute or
46944694 constitutional provision, language sought to be deleted must be
46954695 bracketed and stricken through, and language sought to be added
46964696 must be underlined. This requirement does not apply to:
46974697 (1) an appropriations bill;
46984698 (2) a local bill;
46994699 (3) a game bill;
47004700 (4) a recodification bill;
47014701 (5) a redistricting bill;
47024702 (6) a section of a bill or joint resolution not
47034703 purporting to amend an existing statute or constitutional
47044704 provision;
47054705 (7) a section of a bill or joint resolution that
47064706 revises the entire text of an existing statute or constitutional
47074707 provision, to the extent that it would confuse rather than clarify
47084708 to show deletions and additions; and
47094709 (8) a section of a bill or joint resolution providing
47104710 for severability, nonseverability, emergency, or repeal of an
47114711 existing statute or constitutional provision.
47124712 (c) The speaker may overrule a point of order raised as to a
47134713 violation of Subsection (b) of this section if the violation is
47144714 typographical or minor and does not tend to deceive or mislead.
47154715 (d) The requirement to provide a copy of a printing to each
47164716 member may be accomplished by making a copy of the printing
47174717 available in an electronic format for viewing by the member and,
47184718 when the electronic format copy of the appropriate printing becomes
47194719 available, sending notice of that fact to a Capitol e-mail address
47204720 designated by the member. If a member informs the chief clerk that
47214721 the member also desires to receive a paper copy of printings at
47224722 first, second, or third printing, the chief clerk shall place paper
47234723 copies of those printings designated by the member in the newspaper
47244724 box of the member as soon as practicable after the electronic copies
47254725 of the printings are made available for viewing.
47264726 (e) The provisions of Subsection (d) of this section
47274727 authorizing delivery of a printing by electronic means also apply
47284728 to any fiscal note, impact statement, analysis, or other item
47294729 required by these rules to be delivered or made available to each
47304730 member as an attachment to or in connection with the applicable
47314731 printing.
47324732 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
47334733 after the first printing except when ordered printed by a majority
47344734 vote of the house.
47354735 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
47364736 shall be printed only if the resolution:
47374737 (1) grants permission to sue the state;
47384738 (2) memorializes Congress to take or to refrain from
47394739 taking certain action;
47404740 (3) sets legislative policy or declares legislative
47414741 intent;
47424742 (4) makes corrective changes in any bill, joint
47434743 resolution, or conference committee report;
47444744 (5) establishes or interprets policy for a state
47454745 agency, department, or political subdivision;
47464746 (6) establishes, modifies, or changes internal
47474747 procedures or administration of the legislature or any component
47484748 part thereof;
47494749 (7) proposes an amendment to the Joint Rules of the
47504750 Senate and the House of Representatives; or
47514751 (8) is ordered printed by a majority vote of the house.
47524752 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
47534753 printed only if the resolution:
47544754 (1) proposes an amendment to the rules of the house;
47554755 (2) establishes, modifies, or changes the internal
47564756 procedures and administration of the house;
47574757 (3) establishes legislative policy or interprets
47584758 legislative intent; or
47594759 (4) is ordered printed by a majority of the house.
47604760 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
47614761 REQUIREMENTS. Except for matter to be printed in the journal, all
47624762 requirements contained in the rules with respect to the printing of
47634763 bills, resolutions, reports, and other matters shall be considered
47644764 complied with if the material is adequately and properly reproduced
47654765 by any acceptable means of reproduction.
47664766 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
47674767 CHAPTER A. MESSAGES
47684768 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
47694769 communications from the governor shall be received when announced,
47704770 and shall be read on the calendar day received.
47714771 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
47724772 the senate shall be received when announced. Senate bills
47734773 announced as passed shall be read for the first time and referred to
47744774 the appropriate committee as soon as practicable.
47754775 (b) Messages from the senate announcing amendments to house
47764776 bills and resolutions, nonconcurrence in house amendments to senate
47774777 bills and resolutions, requests for conference committees, reports
47784778 of conference committees, and all other matters of disagreement,
47794779 amendments, and requests between the two houses, shall go to the
47804780 speaker's desk in their regular order, but may be called up for
47814781 action by the house at any time as a privileged matter, yielding
47824782 only to a motion to adjourn.
47834783 CHAPTER B. SENATE AMENDMENTS
47844784 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
47854785 resolution, or other matter is returned to the house with senate
47864786 amendments, the house may:
47874787 (1) agree to the amendments; or
47884788 (2) disagree to all of the amendments and ask for a
47894789 conference committee; or
47904790 (3) agree to one or more of the amendments and disagree
47914791 as to the remainder and request a conference committee to consider
47924792 those in disagreement; or
47934793 (4) agree to one or more and disagree as to the
47944794 remainder; or
47954795 (5) disagree to all amendments.
47964796 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
47974797 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
47984798 amendments thereto must be adopted by a vote of two-thirds of the
47994799 elected membership of the house.
48004800 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
48014801 to house bills and resolutions must be printed and copies provided
48024802 to the members at least 24 hours before any action can be taken
48034803 thereon by the house during a regular or special session.
48044804 (b) When a house bill or joint resolution, other than the
48054805 general appropriations bill, with senate amendments is returned to
48064806 the house, the chief clerk shall request the Legislative Budget
48074807 Board to prepare a fiscal note outlining the fiscal implications
48084808 and probable cost of the measure as impacted by the senate
48094809 amendments. A copy of the fiscal note shall be distributed with the
48104810 senate amendments on their printing before any action can be taken
48114811 on the senate amendments by the house.
48124812 (c) When a house bill or joint resolution, other than the
48134813 general appropriations bill, with senate amendments is returned to
48144814 the house, the chief clerk shall request the Texas Legislative
48154815 Council to prepare an analysis that describes the substantive
48164816 changes made to the house version of the bill by the senate
48174817 amendments. A copy of the council's analysis of senate amendments
48184818 shall be provided to the members electronically or as a printed copy
48194819 at least 12 hours before action is taken on the senate amendments by
48204820 the house. The Texas Legislative Council shall make all reasonable
48214821 efforts to timely provide the analysis in as accurate a form as time
48224822 allows. However, an unavoidable inability to provide the analysis
48234823 or an inadvertent error in the analysis is not subject to a point of
48244824 order.
48254825 (d) When a house bill or joint resolution for which a tax
48264826 equity note was required under Rule 4, Section 34(b)(5), is
48274827 returned to the house with senate amendments, the chief clerk shall
48284828 request the Legislative Budget Board to prepare a tax equity note
48294829 estimating the general effects of the senate amendments on the
48304830 distribution of tax and fee burdens among individuals and
48314831 businesses. A copy of the updated tax equity note shall be made
48324832 available to each member, in some format, before any vote on the
48334833 floor can be taken on the senate amendments by the house.
48344834 CHAPTER C. CONFERENCE COMMITTEES
48354835 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
48364836 between the senate and the house by committee, the number of
48374837 committee members from each house shall be five. All votes on
48384838 matters of difference shall be taken by each committee separately.
48394839 A majority of each committee shall be required to determine the
48404840 matter in dispute. Reports by conference committees must be signed
48414841 by a majority of each committee of the conference.
48424842 (b) A copy of the report signed by a majority of each
48434843 committee of the conference must be furnished to each member of the
48444844 committee in person or if unable to deliver in person by placing a
48454845 copy in the member's newspaper mailbox at least one hour before the
48464846 report is furnished to each member of the house under Section 10(a)
48474847 of this rule. The paper copies of the report submitted to the chief
48484848 clerk under Section 10(b) of this rule must contain a certificate
48494849 that the requirement of this subsection has been satisfied, and
48504850 that certificate must be attached to the copy of the report
48514851 furnished to each member under Section 10(d) of this rule. Failure
48524852 to comply with this subsection is not subject to a point of order.
48534853 Sec. 7. MEETINGS. (a) House conferees when meeting with
48544854 senate conferees to adjust differences shall meet in public and
48554855 shall give a reasonable amount of notice of the meeting in the place
48564856 designated for giving notice of meetings of house standing
48574857 committees. Any such meeting shall be open to the news media. Any
48584858 conference committee report adopted in private shall not be
48594859 considered by the house.
48604860 (b) At a meeting of the conferees to adjust differences on
48614861 the general appropriations bill, the chair of the house conferees
48624862 may request the assistance of any house member who serves on the
48634863 appropriations committee.
48644864 Sec. 8. INSTRUCTIONS. Instructions to a conference
48654865 committee shall be made after the conference is ordered and before
48664866 the conferees are appointed by the speaker, and not thereafter.
48674867 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
48684868 committees shall limit their discussions and their actions solely
48694869 to the matters in disagreement between the two houses. A conference
48704870 committee shall have no authority with respect to any bill or
48714871 resolution:
48724872 (1) to change, alter, or amend text which is not in
48734873 disagreement;
48744874 (2) to omit text which is not in disagreement;
48754875 (3) to add text on any matter which is not in
48764876 disagreement;
48774877 (4) to add text on any matter which is not included in
48784878 either the house or senate version of the bill or resolution.
48794879 This rule shall be strictly construed by the presiding
48804880 officer in each house to achieve these purposes.
48814881 (b) Conference committees on appropriations bills, like
48824882 other conference committees, shall limit their discussions and
48834883 their actions solely to the matters in disagreement between the two
48844884 houses. In addition to the limitations contained elsewhere in the
48854885 rules, a conference committee on appropriations bills shall be
48864886 strictly limited in its authority as follows:
48874887 (1) If an item of appropriation appears in both house
48884888 and senate versions of the bill, the item must be included in the
48894889 conference committee report.
48904890 (2) If an item of appropriation appears in both house
48914891 and senate versions of the bill, and in identical amounts, no change
48924892 can be made in the item or the amount.
48934893 (3) If an item of appropriation appears in both house
48944894 and senate versions of the bill but in different amounts, no change
48954895 can be made in the item, but the amount shall be at the discretion of
48964896 the conference committee, provided that the amount shall not exceed
48974897 the larger version and shall not be less than the smaller version.
48984898 (4) If an item of appropriation appears in one version
48994899 of the bill and not in the other, the item can be included or omitted
49004900 at the discretion of the conference committee. If the item is
49014901 included, the amount shall not exceed the sum specified in the
49024902 version containing the item.
49034903 (5) If an item of appropriation appears in neither the
49044904 house nor the senate version of the bill, the item must not be
49054905 included in the conference committee report. However, the
49064906 conference committee report may include appropriations for
49074907 purposes or programs authorized by bills that have been passed and
49084908 sent to the governor and may include contingent appropriations for
49094909 purposes or programs authorized by bills that have been passed by at
49104910 least one house.
49114911 This rule shall be strictly construed by the presiding
49124912 officer in each house to achieve these purposes.
49134913 (c) Conference committees on tax bills, like other
49144914 conference committees, shall limit their discussions and their
49154915 actions solely to the matters in disagreement between the two
49164916 houses. In addition to the limitations contained elsewhere in the
49174917 rules, a conference committee on a tax bill shall be strictly
49184918 limited in its authority as follows:
49194919 (1) If a tax item appears in both house and senate
49204920 versions of the bill, the item must be included in the conference
49214921 committee report.
49224922 (2) If a tax item appears in both house and senate
49234923 versions of the bill, and in identical form and with identical
49244924 rates, no change can be made in the item or the rate provided.
49254925 (3) If a tax item appears in both house and senate
49264926 versions of the bill but at differing rates, no change can be made
49274927 in the item, but the rate shall be at the discretion of the
49284928 conference committee, provided that the rate shall not exceed the
49294929 higher version and shall not be less than the lower version.
49304930 (4) If a tax item appears in one version of the bill
49314931 and not in the other, the item can be included or omitted at the
49324932 discretion of the conference committee. If the item is included,
49334933 the rate shall not exceed the rate specified in the version
49344934 containing the item.
49354935 (5) If a tax item appears in neither the house nor the
49364936 senate version of the bill, the item must not be included in the
49374937 conference committee report.
49384938 This rule shall be strictly construed by the presiding
49394939 officer in each house to achieve these purposes.
49404940 (d) Conference committees on reapportionment bills, to the
49414941 extent possible, shall limit their discussions and their actions to
49424942 the matters in disagreement between the two houses. Since the
49434943 adjustment of one district in a reapportionment bill will
49444944 inevitably affect other districts, the strict rule of construction
49454945 imposed on other conference committees must be relaxed somewhat
49464946 when reapportionment bills are involved. Accordingly, the
49474947 following authority and limitations shall apply only to conference
49484948 committees on reapportionment bills:
49494949 (1) If the matters in disagreement affect only certain
49504950 districts, and other districts are identical in both house and
49514951 senate versions of the bill, the conference committee shall make
49524952 adjustments only in those districts whose rearrangement is
49534953 essential to the effective resolving of the matters in
49544954 disagreement. All other districts shall remain unchanged.
49554955 (2) If the matters in disagreement permeate the entire
49564956 bill and affect most, if not all, of the districts, the conference
49574957 committee shall have wide discretion in rearranging the districts
49584958 to the extent necessary to resolve all differences between the two
49594959 houses.
49604960 (3) Insofar as the actual structure of the districts
49614961 is concerned, and only to that extent, the provisions of Subsection
49624962 (a) of this section shall not apply to conference committees on
49634963 reapportionment bills.
49644964 (e) Conference committees on recodification bills, like
49654965 other conference committees, shall limit their discussions and
49664966 their actions solely to the matters in disagreement between the two
49674967 houses. The comprehensive and complicated nature of recodification
49684968 bills makes necessary the relaxing of the strict rule of
49694969 construction imposed on other conference committees only to the
49704970 following extent:
49714971 (1) If it develops in conference committee that
49724972 material has been inadvertently included in both house and senate
49734973 versions which properly has no place in the recodification, that
49744974 material may be omitted from the conference committee report, if by
49754975 that omission the existing statute is not repealed, altered, or
49764976 amended.
49774977 (2) If it develops in conference committee that
49784978 material has been inadvertently omitted from both the house and
49794979 senate versions which properly should be included if the
49804980 recodification is to achieve its purpose of being all-inclusive of
49814981 the statutes being recodified, that material may be added to the
49824982 conference committee report, if by the addition the existing
49834983 statute is merely restated without substantive change in existing
49844984 law.
49854985 (f) Limitations imposed on certain conference committees by
49864986 the provisions of this section may be suspended in part by
49874987 permission of the house to allow consideration of and action on a
49884988 specific matter or matters which otherwise would be prohibited.
49894989 Permission shall be granted only by resolution passed by majority
49904990 vote of the house. All such resolutions shall be privileged in
49914991 nature and need not be referred to a committee. The introduction of
49924992 such a resolution shall be announced from the house floor and the
49934993 resolution shall be eligible for consideration by the house:
49944994 (1) three hours after a copy of the resolution has been
49954995 distributed to each member; or
49964996 (2) for a resolution suspending limitations on a
49974997 conference committee considering the general appropriations bill,
49984998 48 hours in a regular session and 24 hours in a special session
49994999 after a copy of the resolution has been distributed to each member.
50005000 (g) The time at which the copies of such a resolution are
50015001 distributed to the members shall be time-stamped on the originals
50025002 of the resolution. The resolution shall specify in detail:
50035003 (1) the exact language of the matter or matters
50045004 proposed to be considered;
50055005 (2) the specific limitation or limitations to be
50065006 suspended;
50075007 (3) the specific action contemplated by the conference
50085008 committee;
50095009 (4) except for a resolution suspending the limitations
50105010 on the conferees for the general appropriations bill, the reasons
50115011 that suspension of the limitations is being requested; and
50125012 (5) a fiscal note distributed with the resolution
50135013 outlining the fiscal implications and probable cost of the items to
50145014 be included in the conference committee report that would otherwise
50155015 be prohibited but for the passage of the resolution.
50165016 (h) In the application of Subsection (g) of this section to
50175017 appropriations bills, the resolution:
50185018 (1) need not include changes in amounts resulting from
50195019 a proposed salary plan or changes in format that do not affect the
50205020 amount of an appropriation or the method of finance of an
50215021 appropriation, but shall include a general statement describing the
50225022 salary plan or format change;
50235023 (2) need not include differences in language which do
50245024 not affect the substance of the bill;
50255025 (3) if suspending a limitation imposed by Subsection
50265026 (b)(2), (3), (4), or (5) of this section, must specify the amount by
50275027 which the appropriation in the conference committee report is less
50285028 than or greater than the amount permitted for that item of
50295029 appropriation under Subsection (b) of this section; and
50305030 (4) shall be available in its entirety on the
50315031 electronic legislative information system that is accessible by the
50325032 general public.
50335033 (i) Permission granted by a resolution under Subsection (f)
50345034 of this section shall suspend the limitations only for the matter or
50355035 matters clearly specified in the resolution, and the action of the
50365036 conference committee shall be in conformity with the resolution.
50375037 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) A
50385038 conference committee report on the general appropriations bill must
50395039 be printed and a copy furnished to each member as provided by Rule
50405040 12, Section 1, at least 48 hours before action can be taken on the
50415041 report by the house during a regular session or at least 24 hours
50425042 before action can be taken by the house during a special session.
50435043 All other conference committee reports must be printed and a copy
50445044 furnished to each member as provided by Rule 12, Section 1, at least
50455045 24 hours before action can be taken on the report by the house
50465046 during a regular or special session.
50475047 (b) Three original copies of a conference committee report
50485048 shall be submitted to the chief clerk for printing. Each original
50495049 conference committee report shall contain the following:
50505050 (1) the signatures of the house conferees and senate
50515051 conferees who voted to adopt the conference committee report;
50525052 (2) the text of the bill or resolution as adopted by
50535053 the conference committee; and
50545054 (3) an analysis of the conference committee report as
50555055 required by Section 11 of this rule.
50565056 (c) Before action can be taken by the house on a conference
50575057 committee report on a bill or joint resolution, other than the
50585058 general appropriations bill, a fiscal note outlining the fiscal
50595059 implications and probable cost of the conference committee report
50605060 shall be submitted to the chief clerk, and a copy of the fiscal note
50615061 shall be distributed with the conference committee report on its
50625062 printing.
50635063 (d) Before a vote on the floor can be taken by the house on a
50645064 conference committee report on a bill or joint resolution for which
50655065 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
50665066 equity note estimating the general effects of the conference
50675067 committee report on the distribution of tax and fee burdens among
50685068 individuals and businesses shall be submitted to the chief clerk,
50695069 and a copy of the tax equity note shall be made available to each
50705070 member.
50715071 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
50725072 committees shall include an analysis showing wherein the report
50735073 differs from the house and senate versions of the bill, resolution,
50745074 or other matter in disagreement. The analysis of appropriations
50755075 bills shall show in dollar amounts the differences between the
50765076 conference committee report and the house and senate versions. No
50775077 conference committee report shall be considered by the house unless
50785078 such an analysis has been prepared and distributed to each member.
50795079 (b) The analysis shall to the extent practical indicate any
50805080 instance wherein the conference committee in its report appears to
50815081 have exceeded the limitations imposed on its jurisdiction by
50825082 Section 9 of this rule. An analysis and the conference committee
50835083 report in which the analysis is included are not subject to a point
50845084 of order due to a failure to comply with this subsection or due to a
50855085 mistake made in complying with this subsection.
50865086 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
50875087 report is not subject to amendment, but must be accepted or rejected
50885088 in its entirety. While a conference committee report is pending, a
50895089 motion to deal with individual amendments in disagreement is not in
50905090 order.
50915091 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
50925092 committee report is not acceptable to the house for any reason, it
50935093 may be recommitted to the same committee with the request for
50945094 further consideration, and the house may or may not give any
50955095 specific instructions on the report to the conference committee; or
50965096 the house may request the appointment by the senate of a new
50975097 conference committee and then proceed to empower the speaker to
50985098 name new conferees for the house.
50995099 RULE 14. GENERAL PROVISIONS
51005100 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
51015101 inexplicit on any question of order or parliamentary practice, the
51025102 Rules of the House of Representatives of the United States
51035103 Congress, and its practice as reflected in published precedents,
51045104 and Mason's Manual of Legislative Procedure shall be considered as
51055105 authority.
51065106 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
51075107 rules of the house shall be proposed by house resolutions which
51085108 shall be referred at once, without debate, to the Committee on House
51095109 Administration for study and recommendation.
51105110 (b) A resolution proposing an amendment to the rules shall
51115111 not be considered by the house until a printed copy of the
51125112 resolution has been provided to each member of the house at least 48
51135113 hours before consideration.
51145114 (c) Amendments to the rules shall require a majority vote of
51155115 the house for adoption.
51165116 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
51175117 the rules shall be in order at any time, except when motions to
51185118 adjourn or recess are pending, even when the house is operating
51195119 under the previous question. A motion to "suspend all rules" shall
51205120 be sufficient to suspend every rule under which the house is
51215121 operating for a particular purpose except the provisions of the
51225122 constitution and the joint rules of the two houses. If the rules
51235123 have been suspended on a main motion for a given purpose, no other
51245124 motion to suspend the rules on a main motion shall be in order until
51255125 the original purpose has been accomplished.
51265126 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
51275127 shall not be in order to move to suspend the rules or the regular
51285128 order of business to take up a measure out of its regular order, and
51295129 the speaker shall not recognize anyone for either purpose, unless
51305130 the speaker has announced to the house in session that the speaker
51315131 would recognize a member for that purpose at least one hour before
51325132 the member is so recognized to make the motion. In making the
51335133 announcement to the house, the speaker shall advise the house of the
51345134 member's name and the bill number, and this information, together
51355135 with the time that the announcement was made, shall be entered in
51365136 the journal. This rule may be suspended only by unanimous consent.
51375137 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
51385138 of the house may be suspended by an affirmative vote of two-thirds
51395139 of the members present. However, if a rule contains a specific
51405140 provision showing the vote by which that rule may be suspended, that
51415141 vote shall be required for the suspension of the rule. The specific
51425142 provision may not be suspended under the provisions of this
51435143 section.
51445144 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
51455145 measure taken up under suspension and not disposed of on the same
51465146 day shall go over as pending or unfinished business to the next day
51475147 that the house is in session, and shall be considered thereafter
51485148 from day to day (except the days used for the consideration of
51495149 senate bills) until disposed of.
51505150 RULE 15. APPROPRIATE WORKPLACE CONDUCT
51515151 Sec. 1. STATEMENT OF POLICY. (a) The house finds that:
51525152 (1) a safe and professional environment in which each
51535153 individual is treated with respect is essential for conducting the
51545154 legislative business of Texas;
51555155 (2) harassment based on an individual's
51565156 characteristics and activity protected by law is inconsistent with
51575157 the necessary safe and professional environment; and
51585158 (3) there is a need for policies designed to prevent
51595159 harassment and to appropriately address it if it occurs.
51605160 (b) The house declares that all forms of harassment
51615161 prohibited by law (including harassment by the making of a
51625162 complaint of harassment or discrimination or by participating in
51635163 the investigation of a complaint) are against the policy of the
51645164 house.
51655165 (c) Members, officers, and employees of the house are
51665166 expected to promote public confidence in the integrity of the house
51675167 by:
51685168 (1) conducting themselves in a manner that is free of
51695169 harassment in each setting related to the service of the member,
51705170 officer, or employee; and
51715171 (2) reporting any harassment in the workplace of which
51725172 they have direct, personal knowledge.
51735173 (d) This rule is the policy on which the house relies for
51745174 guidance in promoting appropriate workplace conduct. This rule is
51755175 not intended to, and does not, create an independent cause of
51765176 action, substantive or procedural, enforceable at law or in equity,
51775177 by any party against:
51785178 (1) the house or its officers, employees, or agents;
51795179 (2) the State of Texas or its departments, agencies,
51805180 entities, officers, employees, or agents; or
51815181 (3) any other person.
51825182 RULE 16. SPECIAL RULE
51835183 CHAPTER A. GENERAL PROVISIONS
51845184 Sec. 1. PURPOSE; SCOPE; APPLICATION. (a) This rule is
51855185 adopted to ensure that the house is able to carry out its
51865186 legislative responsibilities under the Texas Constitution in the
51875187 event of disruptions caused by actual or imminent threat of an
51885188 emergency, including an epidemic or a pandemic.
51895189 (b) A section of this rule governs the procedure of the
51905190 house and its committees only when the section is activated as
51915191 provided by this rule.
51925192 (c) During the time a section of this rule is activated, the
51935193 provisions of that section prevail over a provision of Rules 1
51945194 through 15 to the extent of any conflict between the provisions.
51955195 (d) This chapter is not subject to deactivation under
51965196 Section 4 of this rule.
51975197 Sec. 2. [INITIAL] ACTIVATION AND [. This rule is initially
51985198 activated in its entirety upon adoption of the permanent rules of
51995199 procedure of the House of Representatives for the 87th Legislature.
52005200 [Sec. 3.] REACTIVATION. (a) A section of this rule may be
52015201 activated only as provided by this section. A section of this rule
52025202 that has been deactivated under this chapter may be reactivated
52035203 only as provided by this section.
52045204 (b) Activation or reactivation [Reactivation] of a section
52055205 of this rule may occur only if:
52065206 (1) a disaster has been declared and is currently in
52075207 effect in this state as the result of a declaration by:
52085208 (A) the president of the United States under the
52095209 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
52105210 U.S.C. Section 5121 et seq.), as amended, or other law;
52115211 (B) the governor under Chapter 418, Government
52125212 Code, or other law, including the Texas Constitution; or
52135213 (C) the governing body of a political subdivision
52145214 under Chapter 418, Government Code, or other law, including the
52155215 Texas Constitution; or
52165216 (2) a determination of a public health disaster has
52175217 been made and is currently in effect under Chapter 81, Health and
52185218 Safety Code, or other law by:
52195219 (A) the commissioner of state health services; or
52205220 (B) a local health authority.
52215221 (c) If the house is convened in regular or special session
52225222 and at least one condition listed in Subsection (b) of this section
52235223 has been met, the house may activate or reactivate one or more
52245224 sections of this rule by resolution. A resolution proposed under
52255225 this subsection is subject to the provisions of Rule 14, Section 2,
52265226 and must:
52275227 (1) identify the section or sections proposed to be
52285228 activated or reactivated; and
52295229 (2) cite the authorities relied on to determine that
52305230 at least one condition listed in Subsection (b) of this section has
52315231 been met.
52325232 (d) If the house is not convened in a regular or special
52335233 session and at least one condition listed in Subsection (b) of this
52345234 section has been met, the Committee on House Administration may
52355235 activate or reactivate one or more sections of this rule only by a
52365236 vote of a majority of the membership of the committee in a meeting
52375237 of the committee conducted in accordance with the rules. The notice
52385238 of the committee meeting must identify the section or sections of
52395239 this rule that are proposed to be activated or reactivated and cite
52405240 the authorities relied on to determine that at least one condition
52415241 listed in Subsection (b) of this section has been met. The minutes
52425242 of the committee meeting must identify the section or sections of
52435243 this rule that were activated or reactivated by the committee and
52445244 cite the authorities relied on to determine that at least one
52455245 condition listed in Subsection (b) of this section has been met.
52465246 Sec. 3 [4]. DEACTIVATION. (a) If the house is convened in a
52475247 regular or special session, a section of this rule may be
52485248 deactivated only by resolution. A resolution proposed under this
52495249 subsection is subject to the provisions of Rule 14, Section 2, and
52505250 must identify the section or sections of this rule to be
52515251 deactivated.
52525252 (b) If the house is not convened in a regular or special
52535253 session, the Committee on House Administration may deactivate one
52545254 or more sections of this rule. A section of this rule may be
52555255 deactivated only by a vote of a majority of the membership of the
52565256 committee in a meeting of the committee conducted in accordance
52575257 with the rules. The notice of the committee meeting must identify
52585258 the section or sections of this rule that are proposed to be
52595259 deactivated. The minutes of the committee meeting must identify
52605260 the section or sections of this rule that were deactivated by the
52615261 committee.
52625262 CHAPTER B. DUTIES AND RIGHTS OF THE SPEAKER
52635263 Sec. 4 [5]. A new Rule 1, Section 10A, relating to the
52645264 designation of a temporary chair, shall read as follows:
52655265 Rule 1, Sec. 10A. DESIGNATION OF ALTERNATE
52665266 TEMPORARY CHAIR. (a) If the speaker and permanent
52675267 speaker pro tempore are both unavailable for any
52685268 reason, the chair of the Committee on State Affairs is
52695269 authorized to convene the house and preside over its
52705270 deliberations.
52715271 (b) At any time, the speaker may provide a
52725272 written order to the chief clerk, with a copy to the
52735273 journal clerk, naming those members, in priority
52745274 order, authorized to call the house to order and
52755275 preside if the speaker, permanent speaker pro tempore,
52765276 and chair of the Committee on State Affairs are all
52775277 absent or unable to preside. If the speaker, permanent
52785278 speaker pro tempore, and chair of the Committee on
52795279 State Affairs are all unavailable for any reason, and
52805280 it becomes necessary for the house to convene pursuant
52815281 to an adjournment, recess, or other provision of the
52825282 constitution or other law, the chief clerk shall
52835283 contact the members, in the order listed on the
52845284 speaker's written order, until the chief clerk locates
52855285 a member who is available to convene and preside over
52865286 the deliberations of the house.
52875287 Sec. 5 [6]. Rule 1, Section 11, relating to emergency
52885288 adjournment, shall read as follows:
52895289 Rule 1, Sec. 11. EMERGENCY ADJOURNMENT. In the
52905290 event of an emergency of such compelling nature that
52915291 the speaker must adjourn the house without fixing a
52925292 date and hour of reconvening, the speaker shall have
52935293 authority, subject to the provisions of Section 17,
52945294 Article III, Texas Constitution, to determine the date
52955295 and hour of reconvening and to notify the members of
52965296 the house by any means the speaker considers adequate.
52975297 Should the speaker be disabled or otherwise unable to
52985298 exercise these emergency powers, the permanent speaker
52995299 pro tempore, if one has been named, shall have
53005300 authority to act. If there is no permanent speaker pro
53015301 tempore, or if that officer is unable to act, authority
53025302 shall be exercised by one of the following members, in
53035303 the order listed below, who shall preside until the
53045304 house can proceed to the selection of a temporary
53055305 presiding officer to function until the speaker or the
53065306 speaker pro tempore is again able to exercise the
53075307 duties and responsibilities of the office:
53085308 (1) the chair of the Committee on State
53095309 Affairs; or
53105310 (2) the first available member on the
53115311 speaker's written order filed with the chief clerk
53125312 under Section 10A of this rule.
53135313 Sec. 6 [7]. Rule 1, Section 12, relating to postponement of
53145314 reconvening, shall read as follows:
53155315 Rule 1, Sec. 12. POSTPONEMENT OF RECONVENING.
53165316 When the house is not in session, if the speaker
53175317 determines that it would be a hazard to the safety of
53185318 the members, officers, employees, and others attending
53195319 the legislature to reconvene at the time determined by
53205320 the house at its last sitting, the speaker may clear
53215321 the area of the capitol under the control of the house
53225322 and, subject to the provisions of Section 17, Article
53235323 III, Texas Constitution, postpone the reconvening of
53245324 the house for a period of not more than three calendar
53255325 days, not including Sundays. On making that
53265326 determination, the speaker shall order the
53275327 sergeant-at-arms to post an assistant at each first
53285328 floor entrance to the capitol and other places and
53295329 advise all persons entering of the determination and
53305330 the time set for the house to reconvene. The speaker
53315331 shall also notify the journal clerk and the news media
53325332 of the action, and the action shall be entered in the
53335333 house journal. If the speaker is unavailable or unable
53345334 to act, the authority to postpone reconvening under
53355335 this section may be exercised by one of the following
53365336 members, in the order listed below:
53375337 (1) the permanent speaker pro tempore;
53385338 (2) the chair of the Committee on State
53395339 Affairs; or
53405340 (3) the first available member on the
53415341 speaker's written order filed with the chief clerk
53425342 under Section 10A of this rule.
53435343 CHAPTER C. OFFICERS AND EMPLOYEES
53445344 [RESERVED FOR EXPANSION]
53455345 CHAPTER D. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
53465346 Sec. 7 [8]. A new Rule 4, Section 8A, relating to required
53475347 face masks during committee meetings, shall read as follows:
53485348 Rule 4, Sec. 8A. FACE MASKS REQUIRED FOR
53495349 COMMITTEE MEETINGS. Each person admitted to a meeting
53505350 room for the purpose of participating in or attending a
53515351 committee or subcommittee meeting is required to wear
53525352 at all times a face mask that complies with the
53535353 recommendations of the Centers for Disease Control and
53545354 Prevention. A member of the house or a witness may
53555355 temporarily remove the person's face mask only while
53565356 speaking from a microphone on the dais or the witness
53575357 podium. An officer or employee of the house may
53585358 temporarily remove the person's face mask only while
53595359 speaking from a microphone or as directed by the chair.
53605360 If the Committee on House Administration has installed
53615361 clear barriers that comply with epidemiological best
53625362 practices on the dais in a meeting room, a member,
53635363 officer, or employee may remove the person's face mask
53645364 when the person is protected by the barriers if other
53655365 persons who are not protected by the barriers are at
53665366 least six feet away from the member, officer, or
53675367 employee.
53685368 Sec. 8 [9]. Rule 4, Section 11, and new Rule 4, Section 11A,
53695369 relating to posting notice of committee meetings, shall read as
53705370 follows:
53715371 Rule 4, Sec. 11. POSTING NOTICE. (a) No
53725372 committee or subcommittee, including a calendars
53735373 committee, shall assemble for the purpose of a public
53745374 hearing during a regular session unless notice of the
53755375 hearing has been posted in accordance with the rules at
53765376 least five calendar days in advance of the hearing. No
53775377 committee or subcommittee, including a calendars
53785378 committee, shall assemble for the purpose of a public
53795379 hearing during a special session unless notice of the
53805380 hearing has been posted in accordance with the rules at
53815381 least 24 hours in advance of the hearing. The committee
53825382 minutes shall reflect the date of each posting of
53835383 notice. Notice shall not be required for a public
53845384 hearing or a formal meeting on a senate bill which is
53855385 substantially the same as a house bill that has
53865386 previously been the subject of a duly posted public
53875387 hearing by the committee.
53885388 (b) No committee or subcommittee, including a
53895389 calendars committee, shall assemble for the purpose of
53905390 a formal meeting or work session during a regular or
53915391 special session unless written notice has been posted
53925392 and transmitted to each member of the committee two
53935393 hours in advance of the meeting or an announcement has
53945394 been filed with the journal clerk and read by the
53955395 reading clerk while the house is in session at least 30
53965396 minutes in advance of the meeting.
53975397 (c) All committees meeting during the interim
53985398 for the purpose of a formal meeting, work session, or
53995399 public hearing shall post notice in accordance with
54005400 the rules and notify members of the committee at least
54015401 five calendar days in advance of the meeting.
54025402 Rule 4, Sec. 11A. CONTENTS OF NOTICE. In
54035403 addition to other information required by the rules,
54045404 the notice of a committee meeting must include:
54055405 (1) instructions, or a link to
54065406 instructions on the house's Internet website, related
54075407 to public access to the meeting location and health and
54085408 safety protocols for attending the meeting;
54095409 (2) for a meeting that will be video
54105410 broadcast under Section 12A of this rule, the link to
54115411 that broadcast on the house's Internet website; and
54125412 (3) for a public hearing, instructions, or
54135413 a link to instructions on the house's Internet website,
54145414 for individuals who wish to:
54155415 (A) testify in person at the hearing;
54165416 or
54175417 (B) electronically submit public
54185418 comments without testifying.
54195419 Sec. 9 [10]. A new Rule 4, Section 12A, relating to public
54205420 access to committee meetings, shall read as follows:
54215421 Rule 4, Sec. 12A. PUBLIC ACCESS TO COMMITTEE
54225422 MEETINGS. The requirement for all meetings of a
54235423 committee or subcommittee to be open to other members,
54245424 the press, and the public may be satisfied by video
54255425 broadcasting the meeting in real time through the
54265426 Internet. The video broadcast must be accessible from
54275427 a link on the house's Internet website.
54285428 Sec. 10 [11]. A new Rule 4, Section 16A, relating to quorum
54295429 requirements for taking testimony, shall read as follows:
54305430 Rule 4, Sec. 16A. QUORUM REQUIREMENTS FOR
54315431 TAKING TESTIMONY. Two members of a committee shall
54325432 constitute a quorum for the sole purpose of taking
54335433 testimony during a public hearing. Any other
54345434 committee member may participate in the public hearing
54355435 through an Internet or other videoconferencing system
54365436 if two-way communication has been enabled to allow all
54375437 committee members to be clearly visible and audible to
54385438 each other and clearly audible to the testifying
54395439 witness.
54405440 Sec. 11 [12]. A new Rule 4, Section 20A, relating to invited
54415441 testimony, and a new Rule 4, Section 20B, relating to public
54425442 comments, shall read as follows:
54435443 Rule 4, Sec. 20A. INVITED TESTIMONY. When
54445444 inviting witnesses to testify at a public hearing in
54455445 the manner described by Section 20(g) of this rule, the
54465446 chair of a committee or subcommittee shall make a
54475447 reasonable effort to invite witnesses representing
54485448 different viewpoints on the measures and other matters
54495449 scheduled for a public hearing.
54505450 Rule 4, Sec. 20B. PUBLIC COMMENTS. For each
54515451 public hearing scheduled, the chair of the committee
54525452 must allow persons domiciled in this state to
54535453 electronically submit comments to the committee that
54545454 relate to the measures or matters included on the
54555455 notice for the public hearing. The Committee on House
54565456 Administration shall establish a standard process for
54575457 the electronic submission and posting of public
54585458 comments submitted to house committees.
54595459 CHAPTER E. FLOOR PROCEDURE
54605460 Sec. 12 [13]. Rule 5, Sections 11 and 12, and new Rule 5,
54615461 Section 20A, relating to admission privileges of accredited media,
54625462 shall read as follows:
54635463 Rule 5, Sec. 11. PRIVILEGES OF THE HOUSE FLOOR.
54645464 Only the following persons shall be entitled to the
54655465 privileges of the floor of the house when the house is
54665466 in session: members of the house; employees of the
54675467 house when performing their official duties as
54685468 determined by the Committee on House Administration;
54695469 members of the senate; employees of the senate when
54705470 performing their official duties; the Governor of
54715471 Texas and the governor's chief of staff and director of
54725472 legislative affairs; the lieutenant governor; the
54735473 secretary of state; duly accredited media
54745474 representatives only as permitted by Section 20(f) of
54755475 this rule; contestants in election cases pending
54765476 before the house; and immediate families of the
54775477 members of the legislature on such special occasions
54785478 as may be determined by the Committee on House
54795479 Administration.
54805480 Rule 5, Sec. 12. ADMITTANCE WITHIN THE RAILING.
54815481 Only the following persons shall be admitted to the
54825482 area on the floor of the house enclosed by the railing
54835483 when the house is in session: members of the house;
54845484 members of the senate; the governor; the lieutenant
54855485 governor; officers and employees of the senate and
54865486 house when those officers and employees are actually
54875487 engaged in performing their official duties as
54885488 determined by the Committee on House Administration;
54895489 and spouses of members of the house on such occasions
54905490 as may be determined by the Committee on House
54915491 Administration.
54925492 Rule 5, Sec. 20A. MEDIA ACCESS TO HOUSE CHAMBER
54935493 UNDER RULE 16. (a) When the house is in session, an
54945494 accredited media representative:
54955495 (1) is entitled to admission to that
54965496 portion of the gallery specifically designated for
54975497 media representatives, subject to available seating;
54985498 and
54995499 (2) is not entitled to admission to the
55005500 floor of the house or allowed its privileges, except as
55015501 permitted by Section 20(f) of this rule.
55025502 (b) A pass card issued under Section 20 of this
55035503 rule must be presented to the sergeant-at-arms each
55045504 time the media representative seeks admission to that
55055505 portion of the gallery specifically designated for
55065506 media representatives. Media representatives
55075507 admitted to that portion of the gallery specifically
55085508 designated for media representatives pursuant to the
55095509 provisions of this section shall work in seats
55105510 designated by the Committee on House Administration
55115511 for use by accredited media representatives.
55125512 Sec. 13 [14]. A new Rule 5, Section 19A, relating to face
55135513 masks during floor sessions, shall read as follows:
55145514 Rule 5, Sec. 19A. FACE MASKS REQUIRED DURING
55155515 FLOOR SESSIONS. Each person admitted to the house
55165516 floor or gallery for the purpose of participating in,
55175517 attending, providing support for, or observing house
55185518 proceedings is required to wear at all times a face
55195519 mask that complies with the recommendations of the
55205520 Centers for Disease Control and Prevention. A member
55215521 of the house may temporarily remove the member's face
55225522 mask only while speaking from the front or back
55235523 microphone. An officer or employee of the house or
55245524 senate may temporarily remove the person's face mask
55255525 only while speaking from the front or back microphone
55265526 or as directed by the presiding officer. The speaker,
55275527 or a member presiding under Rule 1, may temporarily
55285528 remove the person's face mask only while speaking from
55295529 the microphone at the speaker's desk.
55305530 Sec. 14 [15]. Rule 5, Section 40, relating to recording
55315531 votes on the voting machine, shall read as follows:
55325532 Rule 5, Sec. 40. RECORDING ALL VOTES ON VOTING
55335533 MACHINE. On all votes, except viva voce votes,
55345534 members shall record their votes on the voting machine
55355535 and shall not be recognized by the chair to cast their
55365536 votes from the floor or gallery. If a member attempts
55375537 to vote from the floor or gallery, the speaker shall
55385538 sustain a point of order directed against the member's
55395539 so doing. This rule shall not be applicable to the
55405540 mover or the principal opponent of the proposition
55415541 being voted on nor to a member whose voting machine is
55425542 out of order. If a member demands strict enforcement of
55435543 this section, Section 47 of this rule shall not apply
55445544 to the taking of a vote, and the house may discipline a
55455545 member in violation of this rule pursuant to its
55465546 inherent authority. As used in these rules, the term
55475547 "voting machine" includes a device issued to a member
55485548 by the Texas Legislative Council and configured to
55495549 provide access to a secure website through which the
55505550 member, when present in the house under Section 45 of
55515551 this rule, may:
55525552 (1) register presence during a
55535553 registration; or
55545554 (2) cast a vote during a division or record
55555555 vote.
55565556 Sec. 15 [16]. Rule 5, Section 45, relating to areas from
55575557 which voting is allowed, shall read as follows:
55585558 Rule 5, Sec. 45. PRESENCE IN HOUSE REQUIRED IN
55595559 ORDER TO VOTE. A member must be on the floor of the
55605560 house, in the house gallery, or in an adjacent room or
55615561 hallway on the same level as the house floor or
55625562 gallery, in order to vote.
55635563 CHAPTER F. ORDER OF BUSINESS AND CALENDARS
55645564 Sec. 16 [17]. Rule 6, Section 1, relating to the daily order
55655565 of business, shall read as follows:
55665566 Rule 6, Sec. 1. DAILY ORDER OF BUSINESS. (a)
55675567 When the house convenes on a new legislative day, the
55685568 daily order of business shall be as follows:
55695569 (1) Call to order by speaker.
55705570 (2) Registration of members.
55715571 (3) Prayer, unless the invocation has been
55725572 given previously on the particular calendar day.
55735573 (4) Pledge of allegiance to the United
55745574 States flag.
55755575 (5) Pledge of allegiance to the Texas
55765576 flag.
55775577 (6) Excuses for absence of members and
55785578 officers.
55795579 (7) First reading and reference to
55805580 committee of bills filed with the chief clerk; and
55815581 motions to introduce bills, when such motions are
55825582 required.
55835583 (8) Requests to print bills and other
55845584 papers; requests of committees for further time to
55855585 consider papers referred to them; and all other
55865586 routine motions and business not otherwise provided
55875587 for, all of which shall be undebatable except that the
55885588 mover and one opponent of the motion shall be allowed
55895589 three minutes each.
55905590 The mover of a routine motion shall be allowed his
55915591 or her choice of making the opening or the closing
55925592 speech under this rule. If the house, under a
55935593 suspension of the rules, extends the time of a member
55945594 under this rule, such extensions shall be for three
55955595 minutes. Subsidiary motions that are applicable to
55965596 routine motions shall be in order, but the makers of
55975597 such subsidiary motions shall not be entitled to speak
55985598 thereon in the routine motion period, nor shall the
55995599 authors of the original routine motions be allowed any
56005600 additional time because of subsidiary motions.
56015601 (9) Unfinished business.
56025602 (10) Third reading calendars of the house
56035603 in their order of priority in accordance with Section 7
56045604 of this rule, unless a different order is determined
56055605 under other provisions of these rules.
56065606 (11) Postponed matters to be laid before
56075607 the house in accordance with Rule 7, Section 15.
56085608 (12) Second reading calendars of the
56095609 house in their order of priority in accordance with
56105610 Section 7 of this rule, unless a different order is
56115611 determined under other provisions of these rules.
56125612 (13) First reading and reference to
56135613 committee of bills filed with the chief clerk; and
56145614 motions to introduce bills, when such motions are
56155615 required.
56165616 (b) When the house reconvenes for the first time
56175617 on a new calendar day following a recess, the daily
56185618 order of business shall be:
56195619 (1) Call to order by the speaker.
56205620 (2) Prayer.
56215621 (3) Pledge of allegiance to the United
56225622 States flag.
56235623 (4) Pledge of allegiance to the Texas
56245624 flag.
56255625 (5) Excuses for absence of members and
56265626 officers.
56275627 (6) Requests to print bills and other
56285628 papers; requests of committees for further time to
56295629 consider papers referred to them; and all other
56305630 routine motions and business not otherwise provided
56315631 for, all of which shall be undebatable except that the
56325632 mover and one opponent of the motion shall be allowed
56335633 three minutes each.
56345634 The mover of a routine motion shall be allowed his
56355635 or her choice of making the opening or the closing
56365636 speech under this rule. If the house, under a
56375637 suspension of the rules, extends the time of a member
56385638 under this rule, such extensions shall be for three
56395639 minutes. Subsidiary motions that are applicable to
56405640 routine motions shall be in order, but the makers of
56415641 such subsidiary motions shall not be entitled to speak
56425642 thereon in the routine motion period, nor shall the
56435643 authors of the original routine motions be allowed any
56445644 additional time because of subsidiary motions.
56455645 (7) Pending business.
56465646 (8) Calendars of the house in their order
56475647 of priority in accordance with Section 7 of this rule,
56485648 unless a different order is determined under other
56495649 provisions of these rules.
56505650 (9) First reading and reference to
56515651 committee of bills filed with the chief clerk; and
56525652 motions to introduce bills, when such motions are
56535653 required.
56545654 CHAPTER G. MOTIONS
56555655 [RESERVED FOR EXPANSION]
56565656 CHAPTER H. BILLS
56575657 Sec. 17 [18]. Rule 8, Section 14, relating to distribution
56585658 of committee reports, shall read as follows:
56595659 Rule 8, Sec. 14. DELIVERY PRIOR TO
56605660 CONSIDERATION. (a) Each bill or resolution, except
56615661 the general appropriations bill, shall be delivered to
56625662 each member by making a copy of the bill or resolution
56635663 available in an electronic format for viewing by the
56645664 member and, when the electronic format copy of the
56655665 appropriate printing becomes available, by sending
56665666 notice of that fact to a Capitol e-mail address
56675667 designated by the member, at least 36 hours if convened
56685668 in regular session and 24 hours if convened in special
56695669 session before the bill can be considered by the house
56705670 on second reading. If a member informs the chief clerk
56715671 in writing that the member desires to receive paper
56725672 copies of bills and resolutions under this section in
56735673 addition to delivery in an electronic format, the
56745674 chief clerk shall place a paper copy of the bill or
56755675 resolution in the newspaper box of the member as soon
56765676 as practicable after the electronic copies of the bill
56775677 or resolution are made available for viewing.
56785678 (a-1) At least 168 hours during a regular
56795679 session and at least 72 hours during a special session
56805680 before the general appropriations bill can be
56815681 considered by the house on second reading:
56825682 (1) a copy of the bill must be made
56835683 available to each member in an electronic format; and
56845684 (2) notice of availability of the
56855685 electronic format of the bill must be sent to the
56865686 Capitol e-mail address designated by each member under
56875687 Subsection (a) of this section.
56885688 (a-2) A printed copy of the general
56895689 appropriations bill shall be placed in the newspaper
56905690 mailbox of each member as soon as practicable after the
56915691 requirements of Subsection (a-1) of this section have
56925692 been met.
56935693 (b) By majority vote, the house may order both
56945694 the original bill or resolution and the complete
56955695 committee substitute to be printed. It shall not be
56965696 necessary for the house to order complete committee
56975697 substitutes printed in lieu of original bills.
56985698 (c) A two-thirds vote of the house is necessary
56995699 to order that bills, other than local bills, be not
57005700 printed. It shall not be necessary for the house to
57015701 order that local bills be not printed.
57025702 CHAPTER I. JOINT RESOLUTIONS
57035703 [RESERVED FOR EXPANSION]
57045704 CHAPTER J. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
57055705 [RESERVED FOR EXPANSION]
57065706 CHAPTER K. AMENDMENTS
57075707 [RESERVED FOR EXPANSION]
57085708 CHAPTER L. PRINTING
57095709 [RESERVED FOR EXPANSION]
57105710 CHAPTER M. INTERACTIONS WITH THE GOVERNOR AND SENATE
57115711 [RESERVED FOR EXPANSION]
57125712 CHAPTER N. GENERAL PROVISIONS
57135713 [RESERVED FOR EXPANSION]
57145714 Hunter
57155715 Klick
57165716 Landgraf
57175717 ______________________________
57185718 Speaker of the House
57195719 I certify that H.R. No. 4 was adopted by the House on January
57205720 11, 2023, by the following vote: Yeas 123, Nays 19, 2 present, not
57215721 voting.
57225722 ______________________________
57235723 Chief Clerk of the House