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11 H.R. No. 4
22
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 89th [88th] 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 25
1616 4. ORGANIZATION, POWERS, AND DUTIES OF
1717 COMMITTEES 65
1818 5. FLOOR PROCEDURE 102
1919 6. ORDER OF BUSINESS AND CALENDARS 126
2020 7. MOTIONS 146
2121 8. BILLS 162
2222 9. JOINT RESOLUTIONS 178
2323 10. HOUSE RESOLUTIONS AND CONCURRENT
2424 RESOLUTIONS 180
2525 11. AMENDMENTS 183
2626 12. PRINTING 192
2727 13. INTERACTIONS WITH THE GOVERNOR
2828 AND SENATE 196
2929 14. GENERAL PROVISIONS 209
3030 15. APPROPRIATE WORKPLACE CONDUCT 211
3131 16. SPECIAL RULE213
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 committee, permanent standing subcommittee,
5757 or select committee with jurisdiction, subject to correction by a
5858 majority vote of the house. A bill or resolution may not be
5959 referred simultaneously to more than one committee or subcommittee.
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. (a) If the house is in session, the [The] speaker shall have
143143 the right to name any member to perform the duties of the chair
144144 related to presiding over the deliberations of the house. If the
145145 house is not in session, the speaker may name a member who shall
146146 call the house to order and preside during the speaker's absence
147147 [and may name a member to serve as speaker pro tempore] by
148148 delivering a written order to the chief clerk and a copy to the
149149 journal clerk.
150150 (b) The speaker may name a member to serve as permanent
151151 speaker pro tempore by delivering a written order to the chief clerk
152152 and a copy to the journal clerk.
153153 (c) In [A permanent speaker pro tempore shall, in] the
154154 absence or inability of the speaker, the member designated in the
155155 speaker's written order under Subsection (a) of this section or the
156156 permanent speaker pro tempore, in the absence of such a written
157157 order, shall call the house to order and perform all other duties of
158158 the chair in presiding over the deliberations of the house and
159159 perform other duties and exercise other responsibilities related to
160160 presiding over the deliberations of the house as may be assigned in
161161 writing by the speaker. [If the house is not in session, and a
162162 permanent speaker pro tempore has not been named, or if the speaker
163163 pro tempore is not available or for any reason is not able to
164164 function, the speaker may deliver a written order to the chief
165165 clerk, with a copy to the journal clerk, naming the member who shall
166166 call the house to order and preside during the speaker's absence.]
167167 (d) The speaker pro tempore shall serve at the pleasure of
168168 the speaker. In the event of a vacancy in the office of speaker,
169169 neither the member designated in the speaker's written order under
170170 Subsection (a) of this section nor the speaker pro tempore [does
171171 not] assume the office of speaker. The authority of the member
172172 designated in the speaker's written order under Subsection (a) of
173173 this section and the speaker pro tempore to perform the duties and
174174 exercise the responsibilities of the speaker is limited as provided
175175 by this section.
176176 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
177177 emergency of such compelling nature that the speaker must adjourn
178178 the house without fixing a date and hour of reconvening, the speaker
179179 shall have authority to determine the date and hour of reconvening
180180 and to notify the members of the house by any means the speaker
181181 considers adequate. Should the speaker be disabled or otherwise
182182 unable to exercise these emergency powers, the permanent speaker
183183 pro tempore, if one has been named, shall have authority to act. If
184184 there is no permanent speaker pro tempore, or if that officer is
185185 unable to act, authority shall be exercised by the chair of the
186186 Committee on State Affairs, who shall preside until the house can
187187 proceed to the selection of a temporary presiding officer to
188188 function until the speaker or the speaker pro tempore is again able
189189 to exercise the duties and responsibilities of the office.
190190 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
191191 not in session, if the speaker determines that it would be a hazard
192192 to the safety of the members, officers, employees, and others
193193 attending the legislature to reconvene at the time determined by
194194 the house at its last sitting, the speaker may clear the area of the
195195 capitol under the control of the house and postpone the reconvening
196196 of the house for a period of not more than 12 hours. On making that
197197 determination, the speaker shall order the sergeant-at-arms to post
198198 an assistant at each first floor entrance to the capitol and other
199199 places and advise all persons entering of the determination and the
200200 time set for the house to reconvene. The speaker shall also notify
201201 the journal clerk and the news media of the action, and the action
202202 shall be entered in the house journal.
203203 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
204204 resolutions, and concurrent resolutions shall be signed by the
205205 speaker in the presence of the house, as required by the
206206 constitution; and all writs, warrants, and subpoenas issued by
207207 order of the house shall be signed by the speaker and attested by
208208 the chief clerk, or the person acting as chief clerk.
209209 CHAPTER B. ADMINISTRATIVE DUTIES
210210 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
211211 have general control, except as otherwise provided by law, of the
212212 hall of the house, its lobbies, galleries, corridors, and passages,
213213 and other rooms in those parts of the capitol assigned to the use of
214214 the house; except that the hall of the house shall not be used for
215215 any meeting other than legislative meetings during any regular or
216216 special session of the legislature unless specifically authorized
217217 by resolution.
218218 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
219219 speaker shall designate the chair and vice-chair of each standing
220220 substantive committee and shall also appoint membership of the
221221 committee, subject to the provisions of Rule 4, Section 2.
222222 (b) If members of equal seniority request the same
223223 committee, the speaker shall decide which among them shall be
224224 assigned to that committee.
225225 (c) In announcing the membership of the standing
226226 substantive committees, the speaker shall designate which are
227227 appointees and which acquire membership by seniority.
228228 (d) The speaker shall appoint the chair and vice-chair of
229229 each standing procedural committee and permanent standing
230230 subcommittee and the remaining membership of each such [the]
231231 committee and subcommittee.
232232 (e) If a new speaker is elected to fill a vacancy in the
233233 office after the appointment of standing committees, the new
234234 speaker may not alter the composition of any standing committee
235235 before the end of the session, except that the new speaker may:
236236 (1) vacate the new speaker's membership on any
237237 committee;
238238 (2) make committee appointments for the member who was
239239 removed as speaker;
240240 (3) designate a different member of a standing
241241 committee as committee chair; and
242242 (4) fill vacancies that occur on a committee.
243243 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
244244 COMMITTEES. (a) The speaker shall appoint all conference
245245 committees. The speaker shall name the chair of each conference
246246 committee, and may also name the vice-chair thereof.
247247 (b) The speaker may at any time by proclamation create a
248248 select committee. The speaker shall name the chair and vice-chair
249249 thereof. A select committee has the jurisdiction, authority, and
250250 duties and exists for the period of time specified in the
251251 proclamation. A select committee has the powers granted by these
252252 rules to a standing committee except as limited by the
253253 proclamation. A copy of each proclamation creating a select
254254 committee shall be filed with the chief clerk.
255255 Sec. 17. INTERIM STUDIES. When the legislature is not in
256256 session, the speaker shall have the authority to direct committees
257257 to make interim studies for such purposes as the speaker may
258258 designate, and the committees shall meet as often as necessary to
259259 transact effectively the business assigned to them. The speaker
260260 shall provide to the chief clerk a copy of interim charges made to a
261261 standing or select committee.
262262 CHAPTER C. CAMPAIGNS FOR SPEAKER
263263 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
264264 SESSION. During a regular session of the legislature a member may
265265 not solicit written pledges from other members for their support of
266266 or promise to vote for any person for the office of speaker.
267267 RULE 2. OFFICERS AND EMPLOYEES
268268 CHAPTER A. DUTIES OF OFFICERS OF THE HOUSE
269269 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
270270 (1) be the custodian of all bills, resolutions, and
271271 amendments;
272272 (2) number in the order of their filing, with a
273273 separate sequence for each category, all bills, joint resolutions,
274274 concurrent resolutions, and house resolutions;
275275 (3) provide for the keeping of a complete record of
276276 introduction and action on all bills and resolutions, including the
277277 number, author, brief description of the subject matter, committee
278278 reference, and the time sequence of action taken on all bills and
279279 resolutions to reflect at all times their status in the legislative
280280 process;
281281 (4) on the day of numbering a bill relating to a
282282 conservation and reclamation district created under Article XVI,
283283 Section 59, of the Texas Constitution, send two copies of the bill,
284284 with two copies of the notice of intention to introduce the bill, to
285285 the governor and notify the journal clerk of the action;
286286 (5) receive the recommendations of the Texas
287287 Commission on Environmental Quality on a bill forwarded to the
288288 commission under Article XVI, Section 59, of the Texas
289289 Constitution, attach them to the bill to which they apply, and
290290 notify the journal clerk that the recommendations have been filed;
291291 (6) forward to a committee chair in an electronic or
292292 other format determined by the chief clerk a certified copy of each
293293 legislative document referred to the committee, including all
294294 official attachments to the document;
295295 (7) have printed and distributed correct copies of all
296296 legislative documents, as provided in the subchapter on printing,
297297 and keep an exact record of the date and hour of transmittal to the
298298 printer, return from the printer, and distribution of the document
299299 to members of the house with that information time-stamped on the
300300 originals of the document;
301301 (8) certify the passage of bills and resolutions,
302302 noting on them the date of passage and the vote by which passed,
303303 including the yeas and nays if a record of the yeas and nays is
304304 ordered;
305305 (9) be responsible for engrossing all house bills and
306306 resolutions that have passed second reading and those that have
307307 passed third reading, and for enrolling all house bills and
308308 resolutions that have passed both houses.
309309 All engrossed and enrolled documents shall be prepared
310310 without erasures, interlineations, or additions in the margin.
311311 House concurrent resolutions passed without amendment
312312 shall not be engrossed but shall be certified and forwarded
313313 directly to the senate.
314314 Engrossed riders may be used in lieu of full engrossment
315315 on second reading passage;
316316 (10) be authorized to amend the caption to conform to
317317 the body of each house bill and joint resolution ordered engrossed
318318 or enrolled;
319319 (11) be responsible for noting on each house bill or
320320 joint resolution, for certification by the speaker of the house,
321321 the lieutenant governor, the chief clerk of the house, and the
322322 secretary of the senate, the following information:
323323 (A) date of final passage, and the vote on final
324324 passage, including the yeas and nays if a record of the yeas and
325325 nays is ordered. If the bill was amended in the senate, this fact
326326 shall also be noted;
327327 (B) date of concurrence by the house in senate
328328 amendments, and the vote on concurrence, including the yeas and
329329 nays if a record of the yeas and nays is ordered;
330330 (C) date of adoption by each house of a
331331 conference committee report and the vote on adoption, including the
332332 yeas and nays if a record of the yeas and nays is ordered;
333333 (D) that a bill containing an appropriation was
334334 passed subject to the provisions of Article III, Section 49a, of the
335335 Texas Constitution; and
336336 (E) that a concurrent resolution was adopted by
337337 both houses directing the correction of an enrolled bill, if
338338 applicable;
339339 (12) transmit over signature all messages from the
340340 house to the senate, including typewritten copies of amendments to
341341 senate bills;
342342 (13) prepare copies of senate amendments to house
343343 bills for the journal before the amendments and the bill or
344344 resolution to which they relate are sent to the printer or to the
345345 speaker;
346346 (14) notify the speaker in writing that the senate did
347347 not concur in house amendments to a bill or resolution and requests
348348 a conference committee, and include in this notice the names of the
349349 senate conferees;
350350 (15) provide a certified copy of a house bill or
351351 resolution which may be lost showing each parliamentary step taken
352352 on the bill; and
353353 (16) request fiscal notes on house bills and joint
354354 resolutions with senate amendments and distribute fiscal notes on
355355 house bills and joint resolutions with senate amendments and
356356 conference committee reports as required by Rule 13, Sections 5 and
357357 10.
358358 (b) The chief clerk shall also:
359359 (1) attest all writs, warrants and subpoenas issued by
360360 order of the house;
361361 (2) receive reports of select committees and forward
362362 copies to the speaker and journal clerk;
363363 (3) not later than 30 days after the close of each
364364 session, acquire from each of the various clerks of the house,
365365 except the journal clerk, all reports, records, bills, papers, and
366366 other documents remaining in their possession and file them with
367367 the Legislative Reference Library, unless otherwise provided by
368368 law;
369369 (4) receive and file all other documents required by
370370 law or by the rules of the house;
371371 (5) prepare a roster of members in order of seniority
372372 showing the number of years of service of each member, as provided
373373 in Rule 4, Section 2; and
374374 (6) have posted the list of Items Eligible for
375375 Consideration as required by the rules.
376376 (c) The chief clerk shall also provide for the following to
377377 be made available on the electronic legislative information system:
378378 (1) all house calendars and lists of items eligible
379379 for consideration and the time-stamp information for those
380380 calendars and lists; and
381381 (2) the time-stamp information for all official
382382 printings of bills and resolutions.
383383 (d) The chief clerk shall provide notice to a Capitol e-mail
384384 address designated by each member when a new house calendar or list
385385 of items eligible for consideration is posted on the electronic
386386 legislative information system. If a member informs the chief
387387 clerk that the member also desires to receive a paper copy of house
388388 calendars or lists of items eligible for consideration, the chief
389389 clerk shall place paper copies of those documents designated by the
390390 member in the newspaper box of the member as soon as practicable
391391 after the electronic copies are posted.
392392 Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
393393 (1) keep a journal of the proceedings of the house,
394394 except when the house is acting as a committee of the whole, and
395395 enter the following:
396396 (A) the number, author, and caption of every bill
397397 introduced;
398398 (B) descriptions of all congratulatory and
399399 memorial resolutions on committee report, motions, amendments,
400400 questions of order and decisions on them, messages from the
401401 governor, and messages from the senate;
402402 (C) the summaries of congratulatory and memorial
403403 resolutions, as printed on the congratulatory and memorial
404404 calendar;
405405 (D) the number of each bill, joint resolution,
406406 and concurrent resolution signed in the presence of the house;
407407 (E) a listing of reports made by standing
408408 committees;
409409 (F) reports of select committees, when ordered by
410410 the house;
411411 (G) every vote where a record of the yeas and nays
412412 is ordered or registration of the house with a concise statement of
413413 the action and the result;
414414 (H) the names of all absentees, both excused and
415415 not excused;
416416 (I) senate amendments to house bills or
417417 resolutions, when concurred in by the house;
418418 (J) the date each bill is transmitted to the
419419 governor;
420420 (K) the date recommendations of the Texas
421421 Commission on Environmental Quality on each bill subject to Article
422422 XVI, Section 59, of the Texas Constitution, are filed with the chief
423423 clerk;
424424 (L) all pairs as a part of a vote where a record
425425 of the yeas and nays is ordered;
426426 (M) reasons for a vote;
427427 (N) the vote of a member on any question where a
428428 record of the yeas and nays has not been ordered;
429429 (O) the statement of a member who was absent when
430430 a vote was taken indicating how the member would have voted;
431431 (P) official state documents, reports, and other
432432 matters, when ordered by the house; and
433433 (Q) the written copy of the speaker's ruling on a
434434 point of order, which includes the citation of the authorities
435435 relied upon in the grounds for decision, as provided in Section
436436 9(b-1) of this rule;
437437 (2) prepare a daily journal for each calendar day that
438438 the house is in session and distribute on the succeeding calendar
439439 day or the earliest possible date copies to the members of the house
440440 who have submitted requests to the journal clerk to receive a copy;
441441 and
442442 (3) prepare and have printed a permanent house journal
443443 of regular and special sessions in accordance with the law and the
444444 following provisions:
445445 (A) When completed, no more than 300 copies shall
446446 be bound and distributed as follows:
447447 (i) one copy to each member of the house of
448448 representatives who submitted a request to the journal clerk to
449449 receive a copy;
450450 (ii) one copy to each member of the senate
451451 who submitted a request to the journal clerk to receive a copy; and
452452 (iii) the remainder of the copies to be
453453 distributed by the Committee on House Administration.
454454 (B) The journal clerk shall not receive or
455455 receipt for the permanent house journal until it has been correctly
456456 published.
457457 (b) The journal clerk shall lock the voting machine of each
458458 member who is excused or who is otherwise known to be absent when
459459 the house is in session until the member personally requests that
460460 the machine be unlocked.
461461 (c) The journal clerk shall determine and enter in the
462462 journal the clock of record for the house and that clock may not be
463463 delayed, set back, or otherwise tampered with to deviate from the
464464 standard time, as provided by statute, for the place where the house
465465 is meeting. The journal clerk shall enter in the journal the time
466466 according to the clock of record when the house convenes, recesses,
467467 and adjourns. A motion to suspend this rule must be decided by a
468468 record vote.
469469 Sec. 3. READING CLERKS. The reading clerks, under the
470470 supervision of the speaker, shall:
471471 (1) call the roll of the house in alphabetical order
472472 when ordered to do so by the speaker; and
473473 (2) read all bills, resolutions, motions, and other
474474 matters required by the rules or directed by the speaker.
475475 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
476476 (1) under the direction of the speaker, have charge of
477477 and maintain order in the hall of the house, its lobbies and
478478 galleries, and all other rooms in the capitol assigned for the use
479479 of the house of representatives;
480480 (2) attend the house and the committee of the whole
481481 during all meetings and maintain order under the direction of the
482482 speaker or other presiding officer;
483483 (3) execute the commands of the house and serve the
484484 writs and processes issued by the authority of the house and
485485 directed by the speaker;
486486 (4) supervise assistants to the sergeant-at-arms who
487487 shall aid in the performance of prescribed duties and have the same
488488 authority, subject to the control of the speaker;
489489 (5) clear the floor of the house of all persons not
490490 entitled to the privileges of the floor at least 30 minutes prior to
491491 the convening of each session of the house;
492492 (6) bring in absent members when so directed under a
493493 call of the house;
494494 (7) not allow the distribution of any printed matter
495495 in the hall of the house, other than newspapers that have been
496496 published at least once a week for a period of one year, unless it
497497 first has been authorized in writing by at least one member of the
498498 house and the name of the member appears on the printed matter. The
499499 sergeant-at-arms shall refuse to accept for distribution any
500500 printed matter which does not bear the name of the member or members
501501 authorizing the distribution;
502502 (8) keep a copy of written authorization and a record
503503 of the matter distributed in the permanent files of the house;
504504 (9) enforce parking regulations applicable to areas of
505505 the capitol complex under the control of the house and supervise
506506 parking attendants;
507507 (10) provide for issuance of an identification card to
508508 each member and employee of the house; and
509509 (11) supervise the doorkeeper.
510510 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
511511 of the sergeant-at-arms, shall:
512512 (1) enforce strictly the rules of the house relating
513513 to privileges of the floor and perform other duties as directed by
514514 the speaker;
515515 (2) close the main entrance and permit no member to
516516 leave the house without written permission from the speaker when a
517517 call of the house or a call of the committee of the whole is ordered,
518518 take up permission cards as members leave the hall, and take up
519519 permission cards of those who are admitted to the floor of the house
520520 under the rules and practice of the house;
521521 (3) obtain recognition from the speaker and announce a
522522 messenger from the governor or the senate on arrival at the bar of
523523 the house; and
524524 (4) obtain recognition from the speaker and announce
525525 the arrival of the governor or the senate on arrival at the bar of
526526 the house for official proceedings in the house.
527527 Sec. 6. CHAPLAIN. The chaplain shall open the first
528528 session on each calendar day with a prayer and shall perform such
529529 other duties as directed by the Committee on House Administration.
530530 Sec. 7. VOTING CLERK. The voting clerk, under the
531531 supervision of the speaker, shall:
532532 (1) open and close the voting machine on registrations
533533 and record votes as ordered by the speaker;
534534 (2) record votes from the floor as directed by the
535535 speaker;
536536 (3) prepare official copies of all record votes for
537537 the journal; and
538538 (4) make no additions, subtractions, or other changes
539539 in any registration or record vote unless specifically granted
540540 permission by the house or directed by the speaker prior to the
541541 announcement of the final result.
542542 Sec. 8. COMMITTEE COORDINATOR. (a) The committee
543543 coordinator shall:
544544 (1) under the direction of the Committee on House
545545 Administration, prepare a schedule for regular meetings of all
546546 standing committees as provided by Rule 4, Section 8(a);
547547 (2) post committee meeting notices, as directed by the
548548 chair of a committee, in accordance with Rule 4, Section 11(a);
549549 (3) maintain duplicate originals of committee minutes
550550 as required by Rule 4, Sections 18(c) and (d);
551551 (4) direct the maintenance of sworn statements either
552552 in electronic or paper format and, under the direction of the
553553 Committee on House Administration, prescribe the form of those
554554 statements, as required by Rule 4, Sections 20(a) and (c);
555555 (5) receive and forward impact statements as required
556556 by Rule 4, Section 34(e);
557557 (6) receive committee reports as required by Rule 4,
558558 Section 37, and refer them for printing as provided by Rule 6,
559559 Section 19; and
560560 (7) receive and distribute the recommendations and
561561 final reports of interim study committees as provided by Rule 4,
562562 Section 61.
563563 (b) The committee coordinator may exclude from the
564564 committee coordinator's office or refuse to interact with a member
565565 or a member's staff if the member or member's staff engages in
566566 abusive, harassing, or threatening behavior.
567567 Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not
568568 more than two individuals to serve as parliamentarians. The
569569 parliamentarians are officers of the house who serve at the
570570 pleasure of the speaker. The parliamentarians shall advise and
571571 assist the presiding officer and the members of the house on matters
572572 of procedure. The parliamentarians have a duty of confidentiality
573573 to the speaker and to each member of the house and shall keep
574574 confidential all requests made by members of the house for advice or
575575 guidance regarding procedure unless the parties otherwise agree.
576576 (b) After the initial appointment of the parliamentarians
577577 by the speaker, the appointment of a new parliamentarian to fill a
578578 vacancy must be approved by a majority of the membership of the
579579 house if the appointment is made during a regular or special
580580 session. If the appointment to fill the vacancy is made when the
581581 house is not in session, the appointment must be approved by a
582582 majority of the membership not later than the third day of the first
583583 special session that occurs after the date the appointment is made.
584584 If no special session occurs after the appointment, approval by the
585585 membership is not required.
586586 (b-1) The speaker shall instruct the parliamentarians to
587587 provide to each member a written copy of the speaker's ruling on a
588588 point of order, including the citation of the authorities relied
589589 upon in the grounds for decision. The written ruling shall be
590590 provided to each member through the electronic legislative
591591 information system not later than 24 hours after the ruling is
592592 announced in the house.
593593 (c) In the event of a conflict between this section and the
594594 housekeeping resolution, this section controls.
595595 Sec. 10. APPOINTMENT OF OFFICERS AND SUPERVISORY
596596 ADMINISTRATIVE EMPLOYEES OF THE HOUSE. The officers of the house
597597 and the employees of the house responsible for supervising the
598598 departments and divisions that support the operation of the house
599599 shall be appointed by and serve at the pleasure of the speaker. The
600600 speaker may appoint a chief assistant to any officer who shall also
601601 be an officer of the house who serves at the pleasure of the
602602 speaker. The authority to appoint and discharge officers and
603603 supervisory administrative employees may be delegated to the
604604 Committee on House Administration to the extent and for the length
605605 of time the speaker determines.
606606 CHAPTER B. OTHER EMPLOYEES
607607 Sec. 11 [10]. LEGISLATIVE COUNCIL EMPLOYEES:
608608 CONFIDENTIALITY. (a) Communications between an attorney employed
609609 by the Texas Legislative Council and the speaker, another member of
610610 the house, or an employee of a member or committee of the house are
611611 confidential in accordance with the rules and laws concerning
612612 attorney-client privilege.
613613 (b) Communications between any employee of the Texas
614614 Legislative Council and the speaker, another member of the house,
615615 or an employee of a member or committee of the house are
616616 confidential. The General Investigating Committee of the House may
617617 investigate an alleged violation of this subsection.
618618 (c) This section does not prohibit the speaker, member, or
619619 committee from waiving a privilege as otherwise permitted by law or
620620 from waiving confidentiality under this section.
621621 RULE 3. STANDING COMMITTEES
622622 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
623623 have nine members, with jurisdiction over all matters pertaining
624624 to:
625625 (1) agriculture, horticulture, and farm husbandry;
626626 (2) livestock and stock raising, and the livestock
627627 industry;
628628 (3) the development and preservation of forests, and
629629 the regulation, control, and promotion of the lumber industry;
630630 (4) problems and issues particularly affecting rural
631631 areas of the state, including issues related to rural economic
632632 development and the provision of and access to infrastructure,
633633 education, and health services; and
634634 (5) the following state agencies: the Department of
635635 Agriculture, the Texas Animal Health Commission, the State Soil and
636636 Water Conservation Board, the Texas A&M Forest Service, the Texas
637637 administrator for the South Central Interstate Forest Fire
638638 Protection Compact, the Texas Apiary Inspection Service, Texas A&M
639639 AgriLife Research, the Texas A&M AgriLife Extension Service, the
640640 State Seed and Plant Board, the State Board of Veterinary Medical
641641 Examiners, the Texas A&M Veterinary Medical Diagnostic Laboratory,
642642 the Produce Recovery Fund Board, the board of directors of the Texas
643643 Boll Weevil Eradication Foundation, Inc., and the Texas Wildlife
644644 Services.
645645 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
646646 members, with jurisdiction over:
647647 (1) all bills and resolutions appropriating money from
648648 the state treasury;
649649 (2) all bills and resolutions containing provisions
650650 resulting in automatic allocation of funds from the state treasury;
651651 (3) all bills and resolutions diverting funds from the
652652 state treasury or preventing funds from going in that otherwise
653653 would be placed in the state treasury; and
654654 (4) all matters pertaining to claims and accounts
655655 filed with the legislature against the state unless jurisdiction
656656 over those bills and resolutions is specifically granted by these
657657 rules to some other standing committee.
658658 (b) The appropriations committee may comment upon any bill
659659 or resolution containing a provision resulting in an automatic
660660 allocation of funds.
661661 Sec. 3. [BUSINESS AND INDUSTRY. The committee shall have
662662 nine members, with jurisdiction over all matters pertaining to:
663663 [(1) industry and manufacturing;
664664 [(2) industrial safety and adequate and safe working
665665 conditions, and the regulation and control of those conditions;
666666 [(3) hours, wages, collective bargaining, and the
667667 relationship between employers and employees;
668668 [(4) unemployment compensation, including coverage,
669669 benefits, taxes, and eligibility;
670670 [(5) labor unions and their organization, control,
671671 management, and administration;
672672 [(6) the regulation of business transactions and
673673 transactions involving property interests;
674674 [(7) the organization, incorporation, management, and
675675 regulation of private corporations and professional associations
676676 and the Uniform Commercial Code and the Business Organizations
677677 Code;
678678 [(8) the protection of consumers, governmental
679679 regulations incident thereto, the agencies of government
680680 authorized to regulate such activities, and the role of the
681681 government in consumer protection;
682682 [(9) privacy and identity theft;
683683 [(10) homeowners' associations;
684684 [(11) oversight and regulation of the construction
685685 industry; and
686686 [(12) the following state agencies: the State Office
687687 of Risk Management, the Risk Management Board, the Division of
688688 Workers' Compensation of the Texas Department of Insurance, the
689689 workers' compensation research and evaluation group in the Texas
690690 Department of Insurance, the Office of Injured Employee Counsel,
691691 including the ombudsman program of that office, and the Texas
692692 Mutual Insurance Company Board of Directors.
693693 [Sec. 4.] CALENDARS (PROCEDURAL). The committee shall have
694694 11 members, with jurisdiction over:
695695 (1) the placement of bills and resolutions on
696696 appropriate calendars, except those within the jurisdiction of
697697 another calendars committee [the Committee on Resolutions
698698 Calendars];
699699 (2) the determination of priorities and proposal of
700700 rules for floor consideration of such bills and resolutions; and
701701 (3) all other matters concerning the calendar system
702702 and the expediting of the business of the house as may be assigned
703703 by the speaker.
704704 Sec. 4 [5]. CORRECTIONS. The committee shall have nine
705705 members, with jurisdiction over all matters pertaining to:
706706 (1) the incarceration and rehabilitation of convicted
707707 felons;
708708 (2) the establishment and maintenance of programs that
709709 provide alternatives to incarceration; and
710710 (3) the following state agencies: the Texas
711711 Department of Criminal Justice, the Special Prosecution Unit, the
712712 Board of Pardons and Paroles, the Texas Civil Commitment Office,
713713 and the Texas Correctional Office on Offenders with Medical or
714714 Mental Impairments.
715715 [Sec. 6. COUNTY AFFAIRS. The committee shall have nine
716716 members, with jurisdiction over all matters pertaining to:
717717 [(1) counties, including their organization,
718718 creation, boundaries, government, and finance and the compensation
719719 and duties of their officers and employees;
720720 [(2) establishing districts for the election of
721721 governing bodies of counties;
722722 [(3) regional councils of governments;
723723 [(4) multicounty boards or commissions;
724724 [(5) relationships or contracts between counties;
725725 [(6) other units of local government; and
726726 [(7) the following state agency: the Commission on
727727 Jail Standards.]
728728 Sec. 5 [7]. CRIMINAL JURISPRUDENCE. (a) The committee
729729 shall have 11 [nine] members, with jurisdiction over all matters
730730 pertaining to:
731731 (1) criminal law, prohibitions, standards, and
732732 penalties, including those laws, prohibitions, standards, and
733733 penalties as applied to juveniles;
734734 (2) probation and parole;
735735 (3) criminal procedure in the courts of Texas,
736736 including as it relates to juveniles;
737737 (4) juvenile delinquency and gang violence;
738738 (5) revision or amendment of the Penal Code;
739739 (6) the commitment and rehabilitation of youths;
740740 (7) the construction, operation, and management of
741741 correctional facilities of the state and facilities used for the
742742 commitment and rehabilitation of youths; and
743743 (8) [(5)] the following state agencies: the Office of
744744 State Prosecuting Attorney, [and] the Texas State Council for
745745 Interstate Adult Offender Supervision, the Texas Juvenile Justice
746746 Board, the Texas Juvenile Justice Department, the Office of
747747 Independent Ombudsman for the Texas Juvenile Justice Department,
748748 and the Advisory Council on Juvenile Services.
749749 (b) The committee has one permanent standing subcommittee,
750750 a subcommittee on Juvenile Justice, to consider all matters
751751 relating to:
752752 (1) the commitment and rehabilitation of youths;
753753 (2) the construction, operation, and management of
754754 correctional facilities of the state and facilities used for the
755755 commitment and rehabilitation of youths;
756756 (3) juvenile delinquency and gang violence;
757757 (4) criminal law, prohibitions, standards, and
758758 penalties as applied to juveniles; and
759759 (5) criminal procedure in the courts of Texas as it
760760 relates to juveniles.
761761 Sec. 6 [8]. CULTURE, RECREATION, AND TOURISM. The
762762 committee shall have nine members, with jurisdiction over:
763763 (1) the creation, operation, and control of state
764764 parks, including the development, maintenance, and operation of
765765 state parks in connection with the sales and use tax imposed on
766766 sporting goods, but not including any matter within the
767767 jurisdiction of the Committee on Appropriations;
768768 (2) the regulation and control of the propagation and
769769 preservation of wildlife and fish in the state;
770770 (3) the development and regulation of the fish and
771771 oyster industries of the state;
772772 (4) hunting and fishing in the state, and the
773773 regulation and control thereof, including the imposition of fees,
774774 fines, and penalties relating to that regulation;
775775 (5) the regulation of other recreational activities;
776776 (6) cultural resources and their promotion,
777777 development, and regulation;
778778 (7) historical resources and their promotion,
779779 development, and regulation;
780780 (8) promotion and development of Texas' image and
781781 heritage;
782782 (9) preservation and protection of Texas' shrines,
783783 monuments, and memorials;
784784 (10) international and interstate tourist promotion
785785 and development;
786786 (11) the Texas Economic Development and Tourism Office
787787 as it relates to the subject-matter jurisdiction of this committee;
788788 (12) the Gulf States Marine Fisheries Compact; and
789789 (13) the following state commissions and agencies: the
790790 Committee on the Formation of a Texas Bicentennial Commission, the
791791 Parks and Wildlife Department, the Texas Commission on the Arts,
792792 the State Cemetery Committee, the Texas State Library and Archives
793793 Commission, the Texas Historical Commission, the State
794794 Preservation Board, and an office of state government to the extent
795795 the office promotes the Texas music industry.
796796 Sec. 7 [9]. DELIVERY OF GOVERNMENT EFFICIENCY. The
797797 committee shall have 13 members, with jurisdiction over all matters
798798 pertaining to:
799799 (1) the organization, operation, powers, regulations,
800800 and management of state departments, agencies, institutions, and
801801 advisory committees;
802802 (2) elimination of inefficiencies in the provision of
803803 state services;
804804 (3) the integrity and accountability of agency
805805 regulatory responsibility, review, and oversight, including the
806806 agency rulemaking process, agency review of existing rules, and
807807 judicial review of agency rules and decisions;
808808 (4) open government matters, including open records
809809 and open meetings;
810810 (5) access of state agencies to scientific and
811811 technological information;
812812 (6) the use by state agencies of advances in science
813813 and technology, including telecommunications, electronic
814814 technology, automated data processing, and artificial
815815 intelligence;
816816 (7) the promotion within the state of an advance
817817 described by Subdivision (6);
818818 (8) the uses of artificial intelligence and emerging
819819 technology;
820820 (9) the application of artificial intelligence and
821821 emerging technologies on various sectors of society, including
822822 employment, health care, homeland and national security, and
823823 transportation;
824824 (10) privacy and identity theft;
825825 (11) cybersecurity;
826826 (12) cooperation between the state or a local
827827 governmental entity and the scientific and technological
828828 community, including private businesses, institutions of higher
829829 education, and federal governmental laboratories;
830830 (13) inquiries to detect fraud, waste, and abuse in
831831 state government programs and operations and recommend appropriate
832832 legislation or other action to eliminate any identified fraud,
833833 waste, and abuse; prevent its reoccurrence; and otherwise promote
834834 the modernization and economically efficient administration of
835835 those programs and operations; and
836836 (14) the following state agencies: the Department of
837837 Information Resources, the Sunset Advisory Commission, and the
838838 Texas Space Commission. [DEFENSE AND VETERANS' AFFAIRS. The
839839 committee shall have nine members, with jurisdiction over all
840840 matters pertaining to:
841841 [(1) the relations between the State of Texas and the
842842 federal government involving defense, emergency preparedness, and
843843 veterans issues;
844844 [(2) the various branches of the military service of
845845 the United States;
846846 [(3) the realignment or closure of military bases;
847847 [(4) the defense of the state and nation, including
848848 terrorism response;
849849 [(5) emergency preparedness;
850850 [(6) veterans of military and related services; and
851851 [(7) the following state agencies: the Texas Military
852852 Department, the Texas Veterans Commission, the Veterans' Land
853853 Board, the Texas Military Preparedness Commission, the Texas
854854 Division of Emergency Management, and the Emergency Management
855855 Council.]
856856 Sec. 8 [10]. ELECTIONS. The committee shall have nine
857857 members, with jurisdiction over all matters pertaining to:
858858 (1) the right of suffrage in Texas;
859859 (2) primary, special, and general elections;
860860 (3) revision, modification, amendment, or change of
861861 the Election Code;
862862 (4) the secretary of state in relation to elections;
863863 (5) campaign finance; and
864864 (6) the following state agency: the Office of the
865865 Secretary of State.
866866 Sec. 9 [11]. ENERGY RESOURCES. The committee shall have 11
867867 members, with jurisdiction over all matters pertaining to:
868868 (1) the conservation of the energy resources of Texas;
869869 (2) the production, regulation, transportation, and
870870 development of oil, gas, and other energy resources;
871871 (3) mining and the development of mineral deposits
872872 within the state;
873873 (4) the leasing and regulation of mineral rights under
874874 public lands;
875875 (5) pipelines, pipeline companies, and all others
876876 operating as common carriers in the state;
877877 (6) electric utility regulation as it relates to
878878 energy production and consumption;
879879 (7) identifying, developing, and using alternative
880880 energy sources;
881881 (8) increasing energy efficiency throughout the
882882 state;
883883 (9) the coordination of the state's efforts related to
884884 the federal designation of threatened and endangered species as it
885885 relates to energy resources in the state; and
886886 (10) the following state agencies: the Railroad
887887 Commission of Texas, the Texas representative for the Interstate
888888 Oil and Gas Compact Commission, the Office of Interstate Mining
889889 Compact Commissioner for Texas, the State Energy Conservation
890890 Office, and the Office of Southern States Energy Board Member for
891891 Texas.
892892 Sec. 10 [12]. ENVIRONMENTAL REGULATION. The committee
893893 shall have nine members, with jurisdiction over all matters
894894 pertaining to:
895895 (1) air, land, and water pollution, including the
896896 environmental regulation of industrial development;
897897 (2) the regulation of waste disposal;
898898 (3) environmental matters that are regulated by the
899899 Department of State Health Services or the Texas Commission on
900900 Environmental Quality;
901901 (4) oversight of the Texas Commission on Environmental
902902 Quality as it relates to environmental regulation; and
903903 (5) the following state agency: the Texas Low-Level
904904 Radioactive Waste Disposal Compact Commission.
905905 Sec. 11 [13]. GENERAL INVESTIGATING (PROCEDURAL). (a) The
906906 committee shall have five members of the house appointed by the
907907 speaker. The speaker shall appoint the chair and the vice-chair of
908908 the committee.
909909 (b) The committee has all the powers and duties of a general
910910 investigating committee and shall operate as the general
911911 investigating committee of the house according to the procedures
912912 prescribed by Subchapter B, Chapter 301, Government Code, and the
913913 rules of the house, as applicable.
914914 (b-1) The committee may begin work as soon as it desires
915915 after its members are appointed. The committee shall meet,
916916 organize, and adopt rules of evidence and procedure and any other
917917 necessary rules. The committee rules may not conflict with Section
918918 301.025, Government Code.
919919 (b-2) Whether or not the legislature is in session, the
920920 committee may meet at any time or place in the state determined
921921 necessary by the committee.
922922 (b-3) If the committee decides not to conduct joint hearings
923923 as provided by Section 301.019, Government Code, the committee
924924 shall establish a liaison to fully inform the chair of the senate
925925 committee of the nature and progress of any inquiry by the other
926926 committee.
927927 (b-4) On a majority vote of the committee, the committee may
928928 conduct joint hearings and investigations.
929929 (b-5) The committee may:
930930 (1) initiate or continue inquiries and hearings
931931 concerning:
932932 (A) state government;
933933 (B) any agency or subdivision of government
934934 within the state;
935935 (C) the expenditure of public funds at any level
936936 of government within the state; and
937937 (D) any other matter the committee considers
938938 necessary for the information of the legislature or for the welfare
939939 and protection of state citizens; and
940940 (2) inspect the records, documents, and files and may
941941 examine the duties, responsibilities, and activities of each state
942942 department, agency, and officer and of each municipality, county,
943943 or other political subdivision of the state.
944944 (b-6) If a person disobeys a subpoena or other process that
945945 the committee lawfully issues, the committee may cite the person
946946 for contempt and cause the person to be prosecuted for contempt
947947 according to the procedure prescribed by Subchapter B, Chapter 301,
948948 Government Code, or by other law.
949949 (b-7) The committee shall make reports to members of the
950950 legislature that the committee determines are necessary and
951951 appropriate.
952952 (b-8) Information held by the committee that if held by a
953953 law enforcement agency or prosecutor would be excepted from the
954954 requirements of Section 552.021, Government Code, under Section
955955 552.108 of that code is confidential and not subject to public
956956 disclosure.
957957 (b-9) If for any reason it is necessary to obtain assistance
958958 in addition to the services provided by the state auditor, attorney
959959 general, Texas Legislative Council, or Department of Public Safety,
960960 the committee may employ and compensate assistants to assist in any
961961 investigation, audit, or legal matter.
962962 (c) The committee may investigate a matter related to the
963963 misconduct, malfeasance, misfeasance, abuse of office, or
964964 incompetency of an individual or officer under Chapter 665,
965965 Government Code. The committee has all the powers and duties
966966 conferred by that chapter for the purpose of conducting the
967967 investigation, including the authority to propose articles of
968968 impeachment.
969969 (d) The committee has original jurisdiction over the
970970 receipt, processing, investigation, and resolution of complaints
971971 related to appropriate workplace conduct under Rule 15, the
972972 housekeeping resolution, and policies adopted by the Committee on
973973 House Administration. If a complaint relates to the conduct of a
974974 member of the committee, that member's employee, or an individual
975975 related to the member or the member's employee within the third
976976 degree by consanguinity or within the second degree by affinity as
977977 determined under Chapter 573, Government Code:
978978 (1) the member shall not participate in any committee
979979 proceedings related to the complaint; and
980980 (2) the speaker shall designate a member of the house
981981 drawn by lot under Subsection (e) of this section to act in the
982982 place of the disqualified member. The designation of a member under
983983 this subsection ends when the committee makes its final disposition
984984 of the complaint.
985985 (e) When a member of the committee is disqualified under
986986 Subsection (d) of this section, the chief clerk shall prepare a list
987987 of the currently qualified members of the house, omitting the names
988988 of the speaker, the disqualified member, each other member of the
989989 committee, and any member elected from the same county as the
990990 disqualified member. The chief clerk shall write on a separate
991991 piece of paper of uniform size and color the name of each member
992992 that appears on the prepared list. The chief clerk shall deposit
993993 the pieces of paper in an opaque container that is designed to
994994 permit the random distribution of the pieces of paper after their
995995 initial deposit and to prevent the viewing of any of the pieces of
996996 paper at any time. After the pieces of paper are randomly
997997 distributed in the container, the sergeant-at-arms shall draw a
998998 single piece of paper and deliver that piece of paper to the chief
999999 clerk. The chief clerk shall inform the speaker of the name drawn
10001000 by the sergeant-at-arms for designation under Subsection (d).
10011001 Sec. 12 [14]. HIGHER EDUCATION. The committee shall have
10021002 11 members, with jurisdiction over all matters pertaining to:
10031003 (1) education beyond high school;
10041004 (2) the colleges and universities of the State of
10051005 Texas; and
10061006 (3) the following state agencies: the Texas A&M
10071007 Engineering Experiment Station, the Texas A&M Engineering
10081008 Extension Service, the Texas Higher Education Coordinating Board,
10091009 the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
10101010 Education Tuition Board, and the Texas A&M Transportation
10111011 Institute.
10121012 Sec. 13 [15]. HOMELAND SECURITY, [AND] PUBLIC SAFETY, AND
10131013 VETERANS' AFFAIRS. (a) The committee shall have 11 [nine] members,
10141014 with jurisdiction over all matters pertaining to:
10151015 (1) law enforcement;
10161016 (2) the prevention of crime and the apprehension of
10171017 criminals;
10181018 (3) the provision of security services by private
10191019 entities;
10201020 (4) homeland security, including:
10211021 (A) the defense of the state and nation,
10221022 including terrorism response; and
10231023 (B) emergency preparedness and disaster
10241024 mitigation, preparedness, response, and recovery;
10251025 (5) the relations between the State of Texas and the
10261026 federal government involving defense and veterans issues;
10271027 (6) the various branches of the military service of
10281028 the United States;
10291029 (7) the realignment or closure of military bases;
10301030 (8) veterans of military and related services; and
10311031 (9) [(5)] the following state agencies: the Texas
10321032 Commission on Law Enforcement, the Department of Public Safety, the
10331033 Texas Division of Emergency Management, the Emergency Management
10341034 Council, the Texas Forensic Science Commission, the Texas Military
10351035 Preparedness Commission, the Commission on State Emergency
10361036 Communications, the Texas Military Department, the Texas Veterans
10371037 Commission, the Veterans' Land Board, and the Texas Crime Stoppers
10381038 Council.
10391039 (b) The committee has one permanent standing subcommittee,
10401040 a subcommittee on Defense and Veterans' Affairs, to consider all
10411041 matters relating to:
10421042 (1) the relations between the State of Texas and the
10431043 federal government involving defense and veterans issues;
10441044 (2) the various branches of the military service of
10451045 the United States;
10461046 (3) the realignment or closure of military bases; and
10471047 (4) veterans of military and related services.
10481048 Sec. 14 [16]. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
10491049 committee shall have 11 members, with jurisdiction over:
10501050 (1) administrative operation of the house and its
10511051 employees;
10521052 (2) the adoption of policies and procedures for
10531053 appropriate workplace conduct under Rule 15 and the housekeeping
10541054 resolution, including policies and procedures relating to the
10551055 training of members, officers, and employees;
10561056 (3) the general house fund, with full control over all
10571057 expenditures from the fund;
10581058 (4) all property, equipment, and supplies obtained by
10591059 the house for its use and the use of its members;
10601060 (5) all office space available for the use of the house
10611061 and its members;
10621062 (6) the assignment of vacant office space, vacant
10631063 parking spaces, and vacant desks on the house floor to members with
10641064 seniority based on cumulative years of service in the house, except
10651065 that the committee may make these assignments based on physical
10661066 disability of a member where it deems proper;
10671067 (7) all admissions to the floor during sessions of the
10681068 house;
10691069 (8) all proposals to invite nonmembers to appear
10701070 before or address the house or a joint session;
10711071 (9) all radio, television, and Internet broadcasting,
10721072 live or recorded, of sessions of the house;
10731073 (10) the electronic recording of the proceedings of
10741074 the house of representatives and the custody of the recordings of
10751075 testimony before house committees, with authority to promulgate
10761076 reasonable rules, regulations, and conditions concerning the
10771077 safekeeping, reproducing, and transcribing of the recordings, and
10781078 the defraying of costs for transcribing the recordings, subject to
10791079 other provisions of these rules;
10801080 (11) all witnesses appearing before the house or any
10811081 committee thereof in support of or in opposition to any pending
10821082 legislative proposal;
10831083 (12) the Rules of Procedure of the House of
10841084 Representatives, Joint Rules of the House and Senate, and all
10851085 proposed amendments;
10861086 (13) other matters concerning the rules, procedures,
10871087 and operation of the house assigned by the speaker; and
10881088 (14) the following state agency: the State
10891089 Preservation Board.
10901090 (b) The committee must vote to adopt the annual budget for
10911091 each house department.
10921092 Sec. 15 [17]. HUMAN SERVICES. The committee shall have 11
10931093 [nine] members, with jurisdiction over all matters pertaining to:
10941094 (1) welfare and rehabilitation programs and their
10951095 development, administration, and control;
10961096 (2) oversight of the Health and Human Services
10971097 Commission and the Texas Behavioral Health Executive Council as it
10981098 relates to the subject matter jurisdiction of this committee;
10991099 (3) intellectual disabilities and the development of
11001100 programs incident thereto;
11011101 (4) the prevention and treatment of intellectual
11021102 disabilities; and
11031103 (5) the following state agencies: the Department of
11041104 Family and Protective Services, the Texas State Board of Social
11051105 Worker Examiners, and the Texas State Board of Examiners of
11061106 Professional Counselors.
11071107 Sec. 16 [18]. INSURANCE. The committee shall have nine
11081108 members, with jurisdiction over all matters pertaining to:
11091109 (1) insurance and the insurance industry;
11101110 (2) all insurance companies and other organizations of
11111111 any type writing or issuing policies of insurance in the State of
11121112 Texas, including their organization, incorporation, management,
11131113 powers, and limitations; and
11141114 (3) the following state agencies: the Texas
11151115 Department of Insurance, the Texas Health Benefits Purchasing
11161116 Cooperative, and the Office of Public Insurance Counsel.
11171117 Sec. 17. INTERGOVERNMENTAL AFFAIRS. (a) The committee
11181118 shall have 11 members, with jurisdiction over:
11191119 (1) counties and municipalities, including their
11201120 creation, organization, boundaries, powers, government, and
11211121 finance, and the compensation and duties of their officers and
11221122 employees;
11231123 (2) establishing districts for the election of
11241124 governing bodies of counties and municipalities;
11251125 (3) home-rule municipalities, their relationship to
11261126 the state, and their powers, authority, and limitations;
11271127 (4) the creation or change of metropolitan areas and
11281128 the form of government under which those areas operate;
11291129 (5) problems and issues particularly affecting
11301130 metropolitan areas of the state;
11311131 (6) regional councils of governments;
11321132 (7) multicounty boards or commissions;
11331133 (8) relationships or contracts between units of local
11341134 government;
11351135 (9) other units of local government not otherwise
11361136 assigned by these rules to other standing committees;
11371137 (10) land use regulation by counties and
11381138 municipalities;
11391139 (11) the relations between the State of Texas and
11401140 other nations, other than matters related to trade relations and
11411141 international trade zones;
11421142 (12) the relations between the State of Texas and the
11431143 federal government, other than matters involving defense,
11441144 emergency preparedness, and veterans issues;
11451145 (13) the relations between the State of Texas and
11461146 other states of the United States; and
11471147 (14) the following state agencies: the Office of
11481148 State-Federal Relations, the Commission on Jail Standards, the
11491149 Texas Department of Housing and Community Affairs, and the Texas
11501150 Commission on Fire Protection.
11511151 (b) The committee has two permanent standing subcommittees:
11521152 (1) a subcommittee on County and Regional Government,
11531153 to consider all matters relating to:
11541154 (A) counties, including their creation,
11551155 organization, boundaries, powers, government, and finance, and the
11561156 compensation and duties of their officers and employees;
11571157 (B) establishing districts for the election of
11581158 governing bodies of counties;
11591159 (C) regional councils of governments;
11601160 (D) multicounty boards or commissions;
11611161 (E) relationships or contracts between counties;
11621162 (F) other units of local government not otherwise
11631163 assigned by these rules to other standing committees; and
11641164 (G) land use regulation by counties; and
11651165 (2) a subcommittee on State-Federal Relations, to
11661166 consider all matters relating to:
11671167 (A) the relations between the State of Texas and
11681168 other nations, other than matters related to trade relations and
11691169 international trade zones;
11701170 (B) the relations between the State of Texas and
11711171 the federal government, other than matters involving defense,
11721172 emergency preparedness, and veterans issues; and
11731173 (C) the relations between the State of Texas and
11741174 other states of the United States.
11751175 [Sec. 19. INTERNATIONAL RELATIONS AND ECONOMIC
11761176 DEVELOPMENT. The committee shall have nine members, with
11771177 jurisdiction over all matters pertaining to:
11781178 [(1) the relations between the State of Texas and
11791179 other nations, including matters related to trade relations and
11801180 international trade zones;
11811181 [(2) the relations between the State of Texas and the
11821182 federal government other than matters involving defense, emergency
11831183 preparedness, and veterans issues;
11841184 [(3) the relations between the State of Texas and
11851185 other states of the United States;
11861186 [(4) commerce, trade, and manufacturing, including
11871187 international commerce and trade and the regulation of persons
11881188 participating in international commerce and trade;
11891189 [(5) cooperation between the state or a local
11901190 governmental entity and the scientific and technological
11911191 community, including private businesses, institutions of higher
11921192 education, and federal governmental laboratories;
11931193 [(6) weights and measures;
11941194 [(7) workforce training;
11951195 [(8) economic and industrial development;
11961196 [(9) development and support of small businesses;
11971197 [(10) job creation and job-training programs;
11981198 [(11) hours, wages, collective bargaining, and the
11991199 relationship between employers and employees;
12001200 [(12) international and border regions (as described
12011201 in Sections 2056.002(e)(2) and (3), Government Code) economic
12021202 development, public health and safety issues affecting the border,
12031203 tourist development, and goodwill, and economic development,
12041204 tourist development, and goodwill in other areas of the state that
12051205 have experienced a significant increase in the percentage of the
12061206 population that consists of immigrants from other nations,
12071207 according to the last two federal decennial censuses or another
12081208 reliable measure;
12091209 [(13) the provision of public services to persons
12101210 residing in proximity to Texas' international border or in other
12111211 areas of the state that have experienced a significant increase in
12121212 the percentage of the population that consists of immigrants from
12131213 other nations, according to the last two federal decennial censuses
12141214 or another reliable measure; and
12151215 [(14) the following state agencies: the Office of
12161216 State-Federal Relations, the Texas Economic Development and
12171217 Tourism Office, the Texas Workforce Commission, and the Texas
12181218 Workforce Investment Council.]
12191219 Sec. 18 [20]. JUDICIARY AND CIVIL JURISPRUDENCE. (a) The
12201220 committee shall have 11 [nine] members, with jurisdiction over all
12211221 matters pertaining to:
12221222 (1) fines and penalties arising under civil laws;
12231223 (2) civil law, including rights, duties, remedies, and
12241224 procedures thereunder, and including matters relating to familial
12251225 relationships, probate, and guardianship [matters];
12261226 (3) civil procedure in the courts of Texas;
12271227 (4) administrative law and the adjudication of rights
12281228 by administrative agencies;
12291229 (5) permission to sue the state;
12301230 (6) uniform state laws;
12311231 (7) creating, changing, or otherwise affecting courts
12321232 of judicial districts of the state;
12331233 (8) establishing districts for the election of
12341234 judicial officers;
12351235 (9) courts and court procedures except where
12361236 jurisdiction is specifically granted to some other standing
12371237 committee; and
12381238 (10) the following state agencies: the Supreme Court,
12391239 the courts of appeals, the Court of Criminal Appeals, the State
12401240 Commission on Judicial Conduct, the Office of Court Administration
12411241 of the Texas Judicial System, the State Law Library, the Texas
12421242 Judicial Council, the Judicial Branch Certification Commission,
12431243 the Office of the Attorney General, the Board of Law Examiners, the
12441244 State Bar of Texas, and the State Office of Administrative
12451245 Hearings.
12461246 (b) The committee has one permanent standing subcommittee,
12471247 a subcommittee on Family and Fiduciary Relationships, to consider
12481248 all matters relating to civil law, including rights, duties,
12491249 remedies, and procedures thereunder, in matters relating to
12501250 familial relationships, probate, and guardianship.
12511251 [Sec. 21. JUVENILE JUSTICE AND FAMILY ISSUES. The
12521252 committee shall have nine members, with jurisdiction over all
12531253 matters pertaining to:
12541254 [(1) the commitment and rehabilitation of youths;
12551255 [(2) the construction, operation, and management of
12561256 correctional facilities of the state and facilities used for the
12571257 commitment and rehabilitation of youths;
12581258 [(3) juvenile delinquency and gang violence;
12591259 [(4) criminal law, prohibitions, standards, and
12601260 penalties as applied to juveniles;
12611261 [(5) criminal procedure in the courts of Texas as it
12621262 relates to juveniles;
12631263 [(6) civil law as it relates to familial
12641264 relationships, including rights, duties, remedies, and procedures;
12651265 and
12661266 [(7) the following state agencies: the Texas Juvenile
12671267 Justice Board, the Texas Juvenile Justice Department, the Office of
12681268 Independent Ombudsman for the Texas Juvenile Justice Department,
12691269 and the Advisory Council on Juvenile Services.]
12701270 Sec. 19 [22]. LAND AND RESOURCE MANAGEMENT. The committee
12711271 shall have nine members, with jurisdiction over all matters
12721272 pertaining to:
12731273 (1) the management of public lands;
12741274 (2) the power of eminent domain;
12751275 (3) the creation, modification, and regulation of
12761276 municipal utility districts;
12771277 (4) annexation, zoning, and other governmental
12781278 regulation of land use; and
12791279 (5) the following state agencies: the School Land
12801280 Board, the Board for Lease of University Lands, and the General Land
12811281 Office.
12821282 Sec. 20 [23]. LICENSING AND ADMINISTRATIVE PROCEDURES. The
12831283 committee shall have 13 [11] members, with jurisdiction over all
12841284 matters pertaining to:
12851285 (1) the oversight of businesses, industries, general
12861286 trades, and occupations regulated by this state;
12871287 (2) the regulation of greyhound and horse racing and
12881288 other gaming industries;
12891289 (3) regulation of the sale of intoxicating beverages
12901290 and local option control;
12911291 (4) the Alcoholic Beverage Code; and
12921292 (5) the following state agencies: the Texas
12931293 Department of Licensing and Regulation, the State Office of
12941294 Administrative Hearings, the Texas Board of Architectural
12951295 Examiners, the Texas State Board of Public Accountancy, the Texas
12961296 Real Estate Commission, the Texas State Board of Plumbing
12971297 Examiners, the Texas Board of Professional Engineers and Land
12981298 Surveyors, the Texas Real Estate Research Center at Texas A&M
12991299 University, the Texas Racing Commission, the Texas Appraiser
13001300 Licensing and Certification Board, the Texas Lottery Commission,
13011301 and the Texas Alcoholic Beverage Commission.
13021302 Sec. 21 [24]. LOCAL AND CONSENT CALENDARS (PROCEDURAL).
13031303 The committee shall have 11 members, with jurisdiction over:
13041304 (1) the placement on appropriate calendars of bills
13051305 and resolutions that, in the opinion of the committee, are in fact
13061306 local or will be uncontested, and have been recommended as such by
13071307 the standing committee of original jurisdiction; [and]
13081308 (2) the placement on appropriate calendars of
13091309 resolutions that, in the opinion of the committee, are in fact
13101310 congratulatory or memorial;
13111311 (3) all procedures for expediting the business of the
13121312 house in expressing concern or commendation in an orderly and
13131313 efficient manner;
13141314 (4) all resolutions to congratulate, memorialize, or
13151315 name mascots of the house;
13161316 (5) other matters concerning rules, procedures, and
13171317 operation of the house in expressing concern or commendation
13181318 assigned by the speaker; and
13191319 (6) the determination of priorities for floor
13201320 consideration of bills and resolutions except those within the
13211321 jurisdiction of the Committee on Calendars [and the Committee on
13221322 Resolutions Calendars].
13231323 Sec. 22 [25]. NATURAL RESOURCES. The committee shall have
13241324 13 [11] members, with jurisdiction over all matters pertaining to:
13251325 (1) the conservation of the natural resources of
13261326 Texas;
13271327 (2) the control and development of land and water and
13281328 land and water resources, including the taking, storing, control,
13291329 and use of all water in the state, and its appropriation and
13301330 allocation;
13311331 (3) irrigation, irrigation companies, and irrigation
13321332 districts, and their incorporation, management, and powers;
13331333 (4) the creation, modification, and regulation of
13341334 groundwater conservation districts, water supply districts, water
13351335 control and improvement districts, conservation and reclamation
13361336 districts, and all similar organs of local government dealing with
13371337 water and water supply not otherwise assigned by these rules to
13381338 another standing committee;
13391339 (5) oversight of the Texas Commission on Environmental
13401340 Quality as it relates to the regulation of water resources; and
13411341 (6) the following state agencies: the Office of
13421342 Canadian River Compact Commissioner for Texas, the Office of Pecos
13431343 River Compact Commissioner for Texas, the Office of Red River
13441344 Compact Commissioner for Texas, the Office of Rio Grande Compact
13451345 Commissioner for Texas, the Office of Sabine River Compact
13461346 Commissioners for Texas, the Southwestern States Water Commission,
13471347 and the Texas Water Development Board.
13481348 Sec. 23 [26]. PENSIONS, INVESTMENTS, AND FINANCIAL
13491349 SERVICES. The committee shall have nine members, with jurisdiction
13501350 over all matters pertaining to:
13511351 (1) banking and the state banking system;
13521352 (2) savings and loan associations;
13531353 (3) credit unions;
13541354 (4) the regulation of state and local bonded
13551355 indebtedness;
13561356 (5) the lending of money;
13571357 (6) benefits or participation in benefits of a public
13581358 retirement system and the financial obligations of a public
13591359 retirement system;
13601360 (7) the regulation of securities and investments;
13611361 (8) privacy and identity theft as it relates to the
13621362 jurisdiction of the committee; and
13631363 (9) the following state agencies: the Finance
13641364 Commission of Texas, the Credit Union Commission, the Office of
13651365 Consumer Credit Commissioner, the Office of Banking Commissioner,
13661366 the Texas Department of Banking, the Department of Savings and
13671367 Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
13681368 Texas Public Finance Authority, the Bond Review Board, the Texas
13691369 Emergency Services Retirement System, the Board of Trustees of the
13701370 Teacher Retirement System of Texas, the Board of Trustees of the
13711371 Employees Retirement System of Texas, the Board of Trustees of the
13721372 Texas County and District Retirement System, the Board of Trustees
13731373 of the Texas Municipal Retirement System, the State Pension Review
13741374 Board, and the State Securities Board.
13751375 Sec. 24 [27]. PUBLIC EDUCATION. (a) The committee shall
13761376 have 15 [13] members, with jurisdiction over all matters pertaining
13771377 to:
13781378 (1) the public schools and the public school system of
13791379 Texas and the financing thereof;
13801380 (2) the state programming of elementary and secondary
13811381 education for the public school system of Texas;
13821382 (3) proposals to create, change, or otherwise alter
13831383 school districts of the state; and
13841384 (4) the following organizations and state agencies:
13851385 the State Board of Education, the Texas Education Agency, the Texas
13861386 representatives to the Education Commission of the States, the
13871387 Southern Regional Education Board, the Texas School for the Blind
13881388 and Visually Impaired, the State Board for Educator Certification,
13891389 and the Texas School for the Deaf.
13901390 (b) The committee has one permanent standing subcommittee,
13911391 a subcommittee on Academic and Career-Oriented Education, to
13921392 consider all matters relating to vocational, career, and technical
13931393 training.
13941394 Sec. 25 [28]. PUBLIC HEALTH. (a) The committee shall have
13951395 13 [11] members, with jurisdiction over all matters pertaining to:
13961396 (1) the protection of public health, including
13971397 supervision and control of the practice of medicine and dentistry
13981398 and other allied health services;
13991399 (2) mental health and the development of programs
14001400 incident thereto;
14011401 (3) the prevention and treatment of mental illness;
14021402 (4) oversight of the Health and Human Services
14031403 Commission and the Texas Behavioral Health Executive Council as it
14041404 relates to the subject matter jurisdiction of this committee; and
14051405 (5) the following state agencies: the Department of
14061406 State Health Services, the State Anatomical Advisory Committee
14071407 [Board of the State of Texas], the Texas Funeral Service
14081408 Commission, the Hearing Instrument Fitters and Dispensers Advisory
14091409 Board, the Texas Health Services Authority, the Texas Optometry
14101410 Board, the Texas Radiation Advisory Board, the Texas State Board of
14111411 Pharmacy, the Texas Board of Nursing, the Texas Board of
14121412 Chiropractic Examiners, the Texas Board of Physical Therapy
14131413 Examiners, the Massage Therapy Advisory Board, the Podiatric
14141414 Medical Examiners Advisory Board, the Texas State Board of
14151415 Examiners of Psychologists, the Texas State Board of Examiners of
14161416 Marriage and Family Therapists, the Behavior Analyst Advisory
14171417 Board, the State Board of Dental Examiners, the Texas Medical
14181418 Board, the Advisory Board of Athletic Trainers, the Cancer
14191419 Prevention and Research Institute of Texas, the Texas State Board
14201420 of Acupuncture Examiners, the Health Professions Council, the
14211421 Office of Patient Protection, the Texas Board of Occupational
14221422 Therapy Examiners, and the Texas Child Mental Health Care
14231423 Consortium.
14241424 (b) The committee has one permanent standing subcommittee,
14251425 a subcommittee on Disease Prevention and Women's and Children's
14261426 Health, to consider all matters relating to:
14271427 (1) preventing and treating chronic diseases,
14281428 including cancer, diabetes, and heart disease;
14291429 (2) preventative health services, including
14301430 well-child care, prenatal care, screenings for cancer and chronic
14311431 disease, behavioral health, and immunizations; and
14321432 (3) reducing the impact of delayed care on the state's
14331433 health care delivery system, health care costs, and patient
14341434 outcomes.
14351435 Sec. 26 [29]. REDISTRICTING (PROCEDURAL). The committee
14361436 shall have 15 members, with jurisdiction over all matters
14371437 pertaining to:
14381438 (1) legislative districts, both house and senate, and
14391439 any changes or amendments;
14401440 (2) congressional districts, their creation, and any
14411441 changes or amendments;
14421442 (3) establishing districts for the election of
14431443 judicial officers or of governing bodies or representatives of
14441444 political subdivisions or state agencies as required by law; and
14451445 (4) preparations for the redistricting process.
14461446 [Sec. 30. RESOLUTIONS CALENDARS (PROCEDURAL). The
14471447 committee shall have 11 members, with jurisdiction over:
14481448 [(1) the placement on appropriate calendars of
14491449 resolutions that, in the opinion of the committee, are in fact
14501450 congratulatory or memorial;
14511451 [(2) the determination of priorities for floor
14521452 consideration of resolutions except those within the jurisdiction
14531453 of the Committee on Calendars and the Committee on Local and Consent
14541454 Calendars;
14551455 [(3) all procedures for expediting the business of the
14561456 house in expressing concern or commendation in an orderly and
14571457 efficient manner;
14581458 [(4) all resolutions to congratulate, memorialize, or
14591459 name mascots of the house; and
14601460 [(5) other matters concerning rules, procedures, and
14611461 operation of the house in expressing concern or commendation
14621462 assigned by the speaker.]
14631463 Sec. 27 [31]. STATE AFFAIRS. (a) The committee shall have
14641464 15 [13] members, with jurisdiction over all matters pertaining to:
14651465 (1) questions and matters of state policy;
14661466 (2) the administration of state government;
14671467 (3) the organization, operation, powers, regulation,
14681468 and management of state departments, agencies, and institutions;
14691469 (4) the operation and regulation of public lands and
14701470 state buildings;
14711471 (5) the duties and conduct of officers and employees
14721472 of the state government;
14731473 (6) the duties and conduct of candidates for public
14741474 office and of persons with an interest in influencing public
14751475 policy;
14761476 (7) the operation of state government and its agencies
14771477 and departments; all of above except where jurisdiction is
14781478 specifically granted to some other standing committee;
14791479 (8) access of the state agencies to scientific and
14801480 technological information;
14811481 (9) the regulation and deregulation of electric
14821482 utilities and the electric industry;
14831483 (10) the regulation and deregulation of
14841484 telecommunications utilities and the telecommunications industry;
14851485 (11) electric utility regulation as it relates to
14861486 energy production and consumption;
14871487 (12) pipelines, pipeline companies, and all others
14881488 operating as common carriers in the state;
14891489 (13) the regulation and deregulation of other
14901490 industries jurisdiction of which is not specifically assigned to
14911491 another committee under these rules;
14921492 (14) advances in science and technology, including
14931493 telecommunications, electronic technology, or automated data
14941494 processing, by state agencies, including institutions of higher
14951495 education;
14961496 (15) the promotion within the state of an advance
14971497 described by Subdivision (14) of this section;
14981498 (16) cybersecurity; and
14991499 (17) the following organizations and state agencies:
15001500 the Council of State Governments, the National Conference of State
15011501 Legislatures, the Office of the Governor, the Texas Ethics
15021502 Commission, the Texas Facilities Commission, [the Department of
15031503 Information Resources,] the Inaugural Endowment Fund Committee,
15041504 [the Sunset Advisory Commission,] the Public Utility Commission of
15051505 Texas, and the Office of Public Utility Counsel.
15061506 (b) The committee has one permanent standing subcommittee,
15071507 a subcommittee on Telecommunications and Broadband, to consider all
15081508 matters relating to:
15091509 (1) the regulation and deregulation of
15101510 telecommunications utilities and the telecommunications industry;
15111511 and
15121512 (2) the provision of broadband services.
15131513 Sec. 28. TRADE, WORKFORCE, AND ECONOMIC DEVELOPMENT. (a)
15141514 The committee shall have 11 members, with jurisdiction over all
15151515 matters pertaining to:
15161516 (1) the relations between the State of Texas and other
15171517 nations related to trade relations and international trade zones;
15181518 (2) commerce, trade, industry, and manufacturing,
15191519 including international commerce and trade and the regulation of
15201520 persons participating in international commerce and trade;
15211521 (3) industrial safety and adequate and safe working
15221522 conditions, and the regulation and control of those conditions;
15231523 (4) unemployment compensation, including coverage,
15241524 benefits, taxes, and eligibility;
15251525 (5) labor unions and their organization, control,
15261526 management, and administration;
15271527 (6) the regulation of business transactions and
15281528 transactions involving property interests;
15291529 (7) the organization, incorporation, management, and
15301530 regulation of private corporations and professional associations
15311531 and the Uniform Commercial Code and the Business Organizations
15321532 Code;
15331533 (8) the protection of consumers, governmental
15341534 regulations incident thereto, the agencies of government
15351535 authorized to regulate such activities, and the role of the
15361536 government in consumer protection;
15371537 (9) homeowners' associations;
15381538 (10) oversight and regulation of the construction
15391539 industry;
15401540 (11) cooperation between the state or a local
15411541 governmental entity and the scientific and technological
15421542 community, including private businesses, institutions of higher
15431543 education, and federal governmental laboratories;
15441544 (12) weights and measures;
15451545 (13) workforce training;
15461546 (14) economic and industrial development;
15471547 (15) development and support of small businesses;
15481548 (16) job creation and job-training programs;
15491549 (17) hours, wages, collective bargaining, and the
15501550 relationship between employers and employees;
15511551 (18) international and border regions (as described in
15521552 Sections 2056.002(e)(2) and (3), Government Code) economic
15531553 development, public health and safety issues affecting the border,
15541554 tourist development, and goodwill, and economic development,
15551555 tourist development, and goodwill in other areas of the state that
15561556 have experienced a significant increase in the percentage of the
15571557 population that consists of immigrants from other nations,
15581558 according to the last two federal decennial censuses or another
15591559 reliable measure;
15601560 (19) the provision of public services to persons
15611561 residing in proximity to Texas' international border or in other
15621562 areas of the state that have experienced a significant increase in
15631563 the percentage of the population that consists of immigrants from
15641564 other nations, according to the last two federal decennial censuses
15651565 or another reliable measure; and
15661566 (20) the following state agencies: the State Office of
15671567 Risk Management, the Risk Management Board, the Division of
15681568 Workers' Compensation of the Texas Department of Insurance, the
15691569 workers' compensation research and evaluation group in the Texas
15701570 Department of Insurance, the Office of Injured Employee Counsel,
15711571 including the ombudsman program of that office, the Texas Mutual
15721572 Insurance Company Board of Directors, the Texas Economic
15731573 Development and Tourism Office, the Texas Workforce Commission, and
15741574 the Texas Workforce Investment Council.
15751575 (b) The committee has two permanent standing subcommittees:
15761576 (1) a subcommittee on Workforce, to consider all
15771577 matters relating to:
15781578 (A) workforce training;
15791579 (B) job creation and job-training programs;
15801580 (C) industrial safety and adequate and safe
15811581 working conditions, and the regulation and control of those
15821582 conditions;
15831583 (D) hours, wages, collective bargaining, and the
15841584 relationship between employers and employees; and
15851585 (E) labor unions and their organization,
15861586 control, management, and administration; and
15871587 (2) a subcommittee on International Relations, to
15881588 consider all matters relating to:
15891589 (A) the relations between the State of Texas and
15901590 other nations related to trade relations and international trade
15911591 zones;
15921592 (B) international commerce and trade and the
15931593 regulation of persons participating in international commerce and
15941594 trade;
15951595 (C) international and border regions (as
15961596 described in Sections 2056.002(e)(2) and (3), Government Code)
15971597 economic development, public health and safety issues affecting the
15981598 border, tourist development, and goodwill, and economic
15991599 development, tourist development, and goodwill in other areas of
16001600 the state that have experienced a significant increase in the
16011601 percentage of the population that consists of immigrants from other
16021602 nations, according to the last two federal decennial censuses or
16031603 another reliable measure; and
16041604 (D) the provision of public services to persons
16051605 residing in proximity to Texas' international border or in other
16061606 areas of the state that have experienced a significant increase in
16071607 the percentage of the population that consists of immigrants from
16081608 other nations, according to the last two federal decennial censuses
16091609 or another reliable measure.
16101610 Sec. 29 [32]. TRANSPORTATION. (a) The committee shall
16111611 have 13 members, with jurisdiction over all matters pertaining to:
16121612 (1) commercial motor vehicles, both bus and truck, and
16131613 their control, regulation, licensing, and operation;
16141614 (2) the Texas highway system, including all roads,
16151615 bridges, and ferries constituting a part of the system;
16161616 (3) the licensing of private passenger vehicles to
16171617 operate on the roads and highways of the state;
16181618 (4) the regulation and control of traffic on the
16191619 public highways of the State of Texas;
16201620 (5) railroads, street railway lines, interurban
16211621 railway lines, steamship companies, and express companies;
16221622 (6) airports, air traffic, airlines, and other
16231623 organizations engaged in transportation by means of aerial flight;
16241624 (7) water transportation in the State of Texas, and
16251625 the rivers, harbors, and related facilities used in water
16261626 transportation and the agencies of government exercising
16271627 supervision and control thereover;
16281628 (8) the regulation of metropolitan transit; and
16291629 (9) the following state agencies: the Texas Department
16301630 of Motor Vehicles, the Texas Department of Transportation, and the
16311631 Texas Transportation Commission.
16321632 (b) The committee has one permanent standing subcommittee,
16331633 a subcommittee on Transportation Funding, to consider all matters
16341634 relating to:
16351635 (1) current state transportation funding sources,
16361636 including the State Highway Fund;
16371637 (2) debt financing in state transportation funding,
16381638 including the Texas Mobility Fund; and
16391639 (3) alternative transportation funding options.
16401640 [Sec. 33. URBAN AFFAIRS. The committee shall have nine
16411641 members, with jurisdiction over all matters pertaining to:
16421642 [(1) municipalities, including their creation,
16431643 organization, powers, government, and finance, and the
16441644 compensation and duties of their officers and employees;
16451645 [(2) home-rule municipalities, their relationship to
16461646 the state, and their powers, authority, and limitations;
16471647 [(3) the creation or change of metropolitan areas and
16481648 the form of government under which those areas operate;
16491649 [(4) problems and issues particularly affecting
16501650 metropolitan areas of the state;
16511651 [(5) other units of local government not otherwise
16521652 assigned by these rules to other standing committees;
16531653 [(6) establishing districts for the election of
16541654 governing bodies of municipalities;
16551655 [(7) land use regulation by municipalities; and
16561656 [(8) the following state agencies: the Texas
16571657 Department of Housing and Community Affairs and the Texas
16581658 Commission on Fire Protection.]
16591659 Sec. 30 [34]. WAYS AND MEANS. (a) The committee shall have
16601660 13 [11] members, with jurisdiction over:
16611661 (1) all bills and resolutions proposing to raise state
16621662 revenue;
16631663 (2) all bills or resolutions proposing to levy state
16641664 taxes or other fees;
16651665 (3) all proposals to modify, amend, or change any
16661666 existing state tax or revenue statute;
16671667 (4) all proposals to regulate the manner of collection
16681668 of state revenues and taxes;
16691669 (5) all bills and resolutions containing provisions
16701670 resulting in automatic allocation of funds from the state treasury;
16711671 (6) all bills and resolutions diverting funds from the
16721672 state treasury or preventing funds from going in that otherwise
16731673 would be placed in the state treasury;
16741674 (7) all bills and resolutions proposing to permit a
16751675 local government to raise revenue;
16761676 (8) all bills and resolutions proposing to permit a
16771677 local government to levy or impose property taxes, sales and use
16781678 taxes, or other taxes and fees;
16791679 (9) all proposals to modify, amend, or change any
16801680 existing local government tax or revenue statute;
16811681 (10) all proposals to regulate the manner of
16821682 collection of local government revenues and taxes;
16831683 (11) all bills and resolutions relating to the
16841684 appraisal of property for taxation;
16851685 (12) all bills and resolutions relating to the Tax
16861686 Code; and
16871687 (13) the following organizations and state agencies:
16881688 the Multistate Tax Commission and the Comptroller of Public
16891689 Accounts.
16901690 (b) The committee has one permanent standing subcommittee,
16911691 a subcommittee on Property Tax Appraisals, to consider all matters
16921692 relating to the appraisal of property for taxation.
16931693 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
16941694 CHAPTER A. ORGANIZATION
16951695 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
16961696 committees of the house, and the number of members and general
16971697 jurisdiction of each, shall be as enumerated in Rule 3.
16981698 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
16991699 the standing committees shall be determined at the beginning of
17001700 each regular session in the following manner:
17011701 (1) For each standing substantive committee, a maximum
17021702 of one-half of the membership, exclusive of the chair and
17031703 vice-chair, shall be determined by seniority. The remaining
17041704 membership of the committee shall be appointed by the speaker.
17051705 (2) Each member of the house, in order of seniority,
17061706 may designate three committees on which he or she desires to serve,
17071707 listed in order of preference. The member is entitled to become a
17081708 member of the committee of his or her highest preference on which
17091709 there remains a vacant seniority position.
17101710 (3) If members of equal seniority request the same
17111711 committee, the speaker shall appoint the member from among those
17121712 requesting that committee. Seniority, as the term is used in this
17131713 subsection, shall mean years of cumulative service as a member of
17141714 the house of representatives.
17151715 (4) After each member of the house has selected one
17161716 committee on the basis of seniority, the remaining membership on
17171717 each standing committee shall be filled by appointment of the
17181718 speaker, subject to the limitations imposed in this chapter.
17191719 (5) Seniority shall not apply to a procedural
17201720 committee or permanent standing subcommittee. For purposes of
17211721 these rules, the permanent standing subcommittees are those
17221722 designated by Rule 3 and the procedural committees are the
17231723 Committee on Calendars, the Committee on Local and Consent
17241724 Calendars, [the Committee on Resolutions Calendars,] the General
17251725 Investigating Committee, the Committee on House Administration,
17261726 and the Committee on Redistricting. The entire membership of these
17271727 committees shall be appointed by the speaker.
17281728 (6) In announcing the membership of committees, the
17291729 speaker shall designate those appointed by the speaker and those
17301730 acquiring membership by seniority.
17311731 (7) The speaker shall designate the chair and
17321732 vice-chair from the total membership of the committee, subject to
17331733 the membership restrictions contained in this rule.
17341734 (b) In the event of a vacancy in a representative district
17351735 that has not been filled at the time of the determination of the
17361736 membership of standing committees, the representative of the
17371737 district who fills that vacancy shall not be entitled to select a
17381738 committee on the basis of seniority. Committee appointments on
17391739 behalf of that district shall be designated by the district number.
17401740 (c) In the event that a member-elect of the current
17411741 legislature has not taken the oath of office by the end of the ninth
17421742 day of the regular session, the representative of that district
17431743 shall not be entitled to select a committee on the basis of
17441744 seniority. If the member-elect has not taken the oath of office by
17451745 the time committee appointments are announced, committee
17461746 appointments on behalf of that district shall be designated by
17471747 district number.
17481748 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
17491749 and vice-chair, members of a standing committee shall rank
17501750 according to their seniority.
17511751 Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
17521752 concurrently on more than two standing substantive committees.
17531753 (b) A member serving as chair of the Committee on
17541754 Appropriations, the Committee on State Affairs, or the Committee on
17551755 Ways and Means may not serve on any other substantive committee.
17561756 [(c) A permanent speaker pro tempore appointed under Rule 1,
17571757 Section 10, may not serve on more than one substantive committee or
17581758 as chair of a standing committee.]
17591759 Sec. 4A. ADDITIONAL RESTRICTIONS. If, at the time the
17601760 speaker announces the membership of standing committees, the
17611761 members of the house of one political party constitute a majority of
17621762 the membership of the house, the speaker shall designate a member of
17631763 that party to serve as chair of each standing committee. The
17641764 speaker shall not designate a member of that party to serve as
17651765 vice-chair of a standing committee.
17661766 Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
17671767 a standing, select, or interim committee subsequent to its
17681768 organization, the speaker shall appoint an eligible member to fill
17691769 the vacancy.
17701770 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
17711771 shall:
17721772 (1) be responsible for the effective conduct of the
17731773 business of the committee;
17741774 (2) appoint all subcommittees, other than a permanent
17751775 standing subcommittee, and determine the number of members to serve
17761776 on each subcommittee, other than a permanent standing subcommittee;
17771777 (3) in consultation with members of the committee,
17781778 schedule the work of the committee and determine the order in which
17791779 the committee shall consider and act on bills, resolutions, and
17801780 other matters referred to the committee;
17811781 (4) have authority to employ and discharge the staff
17821782 and employees authorized for the committee and have supervision and
17831783 control over all the staff and employees;
17841784 (5) direct the preparation of all committee reports.
17851785 No committee report shall be official until signed by the chair of
17861786 the committee, or by the person acting as chair, or by a majority of
17871787 the membership of the committee;
17881788 (6) determine the necessity for public hearings,
17891789 schedule hearings, and be responsible for directing the posting of
17901790 notice of hearings as required by the rules;
17911791 (7) preside at all meetings of the committee and
17921792 control its deliberations and activities in accordance with
17931793 acceptable parliamentary procedure; and
17941794 (8) have authority to direct the sergeant-at-arms to
17951795 assist, where necessary, in enforcing the will of the committee.
17961796 Sec. 6A. ADDITIONAL DUTIES OF THE CHAIR; RESPONSIBILITIES
17971797 OF THE VICE-CHAIR. (a) The chair of each committee shall schedule
17981798 the work of the committee and determine the order of consideration
17991799 of measures and matters referred to the committee in direct
18001800 consultation with the vice-chair of the committee. The chair shall
18011801 arrange to ensure that:
18021802 (1) witnesses designated by the vice-chair are invited
18031803 to testify at a public hearing, including in the manner described by
18041804 Section 20(g) of this rule; and
18051805 (2) measures or matters designated by the vice-chair
18061806 are promptly scheduled for a public hearing under this rule.
18071807 (b) The vice-chair of a committee may direct the preparation
18081808 of an impact statement on any measure in the same manner in which a
18091809 chair directs the preparation of those statements under Section 34
18101810 of this rule.
18111811 Sec. 7. BILL ANALYSES. Except for the general
18121812 appropriations bill, for each bill or joint resolution referred to
18131813 the committee, the staff of the committee shall be responsible for
18141814 distributing a copy of a bill analysis to each member of the
18151815 committee and the author of a house measure at the earliest possible
18161816 opportunity but not later than the first time the measure is laid
18171817 out in a committee meeting.
18181818 CHAPTER B. PROCEDURE
18191819 Sec. 8. MEETINGS. (a) As soon as practicable after
18201820 standing committees are constituted and organized, the committee
18211821 coordinator, under the direction of the Committee on House
18221822 Administration, shall prepare a schedule for regular meetings of
18231823 all standing committees and permanent standing subcommittees. This
18241824 schedule shall be published in the house journal and posted in a
18251825 convenient and conspicuous place near the entrance to the house and
18261826 on other posting boards for committee meeting notices, as
18271827 determined necessary by the Committee on House Administration. To
18281828 the extent practicable during each regular session, standing
18291829 committees and permanent standing subcommittees shall conduct
18301830 regular committee meetings in accordance with the schedule of
18311831 meetings prepared by the committee coordinator under the
18321832 supervision of the Committee on House Administration.
18331833 (b) Standing committees shall meet at other times as may be
18341834 determined by the committee, or as may be called by the chair.
18351835 Permanent standing subcommittees shall meet at other times as may
18361836 be determined by the subcommittee, or as may be called by the
18371837 subcommittee chair. Other subcommittees [Subcommittees] of
18381838 standing committees shall [likewise] meet at other times as may be
18391839 determined by the committee, or as may be called by the chair of the
18401840 committee or subcommittee.
18411841 (c) Committees and permanent standing subcommittees shall
18421842 also meet in such places and at such times as the speaker may
18431843 designate.
18441844 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
18451845 committee or subcommittee shall meet during the time the house is in
18461846 session without permission being given by a majority vote of the
18471847 house. No standing committee or subcommittee shall conduct its
18481848 meeting on the floor of the house or in the house chamber while the
18491849 house is in session, but shall, if given permission to meet while
18501850 the house is in session, retire to a designated committee room for
18511851 the conduct of its meeting.
18521852 Sec. 10. PURPOSES FOR MEETING. A committee or a
18531853 subcommittee may be assembled for:
18541854 (1) a public hearing where testimony is to be heard,
18551855 and where official action may be taken, on bills, resolutions, or
18561856 other matters;
18571857 (2) a formal meeting where the committee may discuss
18581858 and take official action on bills, resolutions, or other matters
18591859 without testimony; and
18601860 (3) a work session where the committee may discuss
18611861 bills, resolutions, or other matters but take no formal action.
18621862 Sec. 11. POSTING NOTICE. (a) No committee or
18631863 subcommittee, including a calendars committee, shall assemble for
18641864 the purpose of a public hearing during a regular session unless
18651865 notice of the hearing has been posted in accordance with the rules
18661866 at least five calendar days in advance of the hearing. No committee
18671867 or subcommittee, including a calendars committee, shall assemble
18681868 for the purpose of a public hearing during a special session unless
18691869 notice of the hearing has been posted in accordance with the rules
18701870 at least 24 hours in advance of the hearing. The committee minutes
18711871 shall reflect the date of each posting of notice. Notice shall not
18721872 be required for a public hearing or a formal meeting on a senate
18731873 bill which is substantially the same as a house bill that has
18741874 previously been the subject of a duly posted public hearing by the
18751875 committee.
18761876 (b) No committee or subcommittee, including a calendars
18771877 committee, shall assemble for the purpose of a formal meeting or
18781878 work session during a regular or special session unless written
18791879 notice has been posted and transmitted to each member of the
18801880 committee two hours in advance of the meeting or an announcement has
18811881 been filed with the journal clerk and read by the reading clerk
18821882 while the house is in session.
18831883 (c) All committees meeting during the interim for the
18841884 purpose of a formal meeting, work session, or public hearing shall
18851885 post notice in accordance with the rules and notify members of the
18861886 committee at least five calendar days in advance of the meeting.
18871887 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
18881888 committee or subcommittee, including a calendars committee, shall
18891889 be open to other members, the press, and the public unless
18901890 specifically provided otherwise by resolution adopted by the house.
18911891 However, the General Investigating Committee or a committee
18921892 considering an impeachment, an address, the punishment of a member
18931893 of the house, or any other matter of a quasi-judicial nature may
18941894 meet in executive session for the limited purpose of examining a
18951895 witness or deliberating, considering, or debating a decision, but
18961896 no decision may be made or voted on except in a meeting that is open
18971897 to the public and otherwise in compliance with the rules of the
18981898 house.
18991899 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
19001900 Procedure of the House of Representatives, and to the extent
19011901 applicable, the rules of evidence and procedure in the civil courts
19021902 of Texas, shall govern the hearings and operations of each
19031903 committee, including a calendars committee. Subject to the
19041904 foregoing, and to the extent necessary for orderly transaction of
19051905 business, each committee may promulgate and adopt additional rules
19061906 and procedures by which it will function. A copy of the rules and
19071907 procedures adopted by a committee must be filed with the chief
19081908 clerk. If the house is convened in a regular or special session, a
19091909 copy of the rules and procedures shall also be delivered to the
19101910 journal clerk and printed in the journal.
19111911 (b) No standing committee, including a calendars committee,
19121912 or any subcommittee, shall adopt any rule of procedure, including
19131913 but not limited to an automatic subcommittee rule, which will have
19141914 the effect of thwarting the will of the majority of the committee or
19151915 subcommittee or denying the committee or subcommittee the right to
19161916 ultimately dispose of any pending matter by action of a majority of
19171917 the committee or subcommittee. A bill or resolution may not be laid
19181918 on the table subject to call in committee without a majority vote of
19191919 the committee.
19201920 (c) Each committee of the house shall have authority to
19211921 determine whether or not to permit television, radio, or Internet
19221922 broadcasts, other than official house broadcasts, of any of its
19231923 proceedings.
19241924 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
19251925 rulings of the chair of a committee shall be in order if seconded by
19261926 three members of the committee, which may include the member making
19271927 the appeal. Procedure in committee following an appeal which has
19281928 been seconded shall be the same as the procedure followed in the
19291929 house in a similar situation.
19301930 Sec. 15. PREVIOUS QUESTION. Before the previous question
19311931 can be ordered in a committee, the motion therefor must be seconded
19321932 by not less than 4 members of a committee consisting of 21 or more
19331933 members, 3 members of a committee consisting of less than 21 members
19341934 and more than 10 members, or 2 members of a committee consisting of
19351935 10 members or less. If the motion is properly seconded and ordered
19361936 by a majority vote of the committee, further debate on the
19371937 proposition under consideration shall be terminated, and the
19381938 proposition shall be immediately put to a vote of the committee for
19391939 its action.
19401940 Sec. 16. QUORUM. A majority of a committee shall
19411941 constitute a quorum. No action or recommendation of a committee
19421942 shall be valid unless taken at a meeting of the committee with a
19431943 quorum actually present, and the committee minutes shall reflect
19441944 the names of those members of the committee who were actually
19451945 present. No committee report shall be made to the house nor shall
19461946 bills or resolutions be placed on a calendar unless ordered by a
19471947 majority of the membership of the committee, except as otherwise
19481948 provided in the rules, and a quorum of the committee must be present
19491949 when the vote is taken on reporting a bill or resolution, on placing
19501950 bills or resolutions on a calendar, or on taking any other formal
19511951 action within the authority of the committee. No committee report
19521952 shall be made nor shall bills or resolutions be placed on a calendar
19531953 except by record vote of the members of the committee, with the yeas
19541954 and nays to be recorded in the minutes of the committee. Proxies
19551955 cannot be used in committees.
19561956 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
19571957 order to move a call of a committee at any time to secure and
19581958 maintain a quorum for any one or more of the following purposes:
19591959 (1) for the consideration of a specific bill,
19601960 resolution, or other matter;
19611961 (2) for a definite period of time; or
19621962 (3) for the consideration of any designated class of
19631963 bills or other matters.
19641964 (b) When a call of a committee is moved for one or more of
19651965 the foregoing purposes and seconded by two members, one of whom may
19661966 be the chair, and is ordered by a majority of the members present,
19671967 no member shall thereafter be permitted to leave the committee
19681968 meeting without written permission from the chair. After the call
19691969 is ordered, and in the absence of a quorum, the chair shall have the
19701970 authority to authorize the sergeant-at-arms to locate absent
19711971 members of the committee and to compel their attendance for the
19721972 duration of the call.
19731973 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
19741974 including a calendars committee, the chair, or the member acting as
19751975 chair, shall keep complete minutes of the proceedings in committee,
19761976 which shall include:
19771977 (1) the time and place of each meeting of the
19781978 committee;
19791979 (2) a roll call to determine the members present at
19801980 each meeting of the committee, whether that meeting follows an
19811981 adjournment or a recess from a previous committee meeting;
19821982 (3) an accurate record of all votes taken, including a
19831983 listing of the yeas and nays cast on a record vote;
19841984 (4) the date of posting of notice of the meeting; and
19851985 (5) other information that the chair shall determine.
19861986 (b) The minutes for each public hearing of a committee shall
19871987 also include an attachment listing the names of the persons, other
19881988 than members of the legislature, and the persons or entities
19891989 represented by those persons, who were recognized by the chair to
19901990 address the committee. The attachment shall also list the name of
19911991 each person, other than a member of the legislature, who submitted
19921992 to the committee a sworn statement indicating that the person was
19931993 present in favor of, in opposition to, or without taking a position
19941994 on the measure or other matter, but who because of the person's
19951995 departure or other reason was not recognized by the chair to address
19961996 the committee; provided that the omission of the name of such a
19971997 person is not subject to a point of order.
19981998 (c) Committee minutes shall be corrected only at the
19991999 direction of the chair as authorized by a majority vote of the
20002000 committee. Duplicate originals of committee minutes shall be
20012001 maintained, one to remain with the committee chair and the other to
20022002 be filed with the committee coordinator. The committee minutes of a
20032003 meeting of the Appropriations Committee on the general
20042004 appropriations bill must be filed with the committee coordinator
20052005 within five days of the committee meeting. All other committee
20062006 minutes must be filed with the committee coordinator within three
20072007 days of the committee meeting for a substantive committee or the
20082008 Committee on Redistricting, and within one day of the committee
20092009 meeting for a procedural committee other than the Committee on
20102010 Redistricting. If the date on which the committee minutes are due
20112011 occurs on a Saturday, Sunday, or holiday on which the house is not
20122012 in session, the committee minutes shall be filed on the following
20132013 working day. The time at which the minutes are filed shall be
20142014 time-stamped on the duplicate originals of the minutes that are
20152015 filed with the committee coordinator. The duplicate originals
20162016 shall be available at all reasonable business hours for inspection
20172017 by members or the public.
20182018 (d) The committee coordinator shall maintain the minutes
20192019 and records safe from loss, destruction, and alteration at all
20202020 times, and may, at any time, turn them, or any portion, over to the
20212021 Committee on House Administration.
20222022 Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
20232023 committee coordinator shall establish procedures for making
20242024 available to the public on the Internet documents relating to the
20252025 proceedings of substantive committees.
20262026 (b) A substantive committee shall make available to the
20272027 public on the Internet:
20282028 (1) any committee substitute or amendment laid before
20292029 the committee; and
20302030 (2) any nonconfidential written testimony submitted
20312031 by a state agency for consideration by the committee that relates to
20322032 a measure referred to the committee.
20332033 (c) A committee's failure to comply with this section is not
20342034 subject to a point of order.
20352035 Sec. 19. RECORDING OF TESTIMONY. All testimony before
20362036 committees and subcommittees shall be electronically recorded
20372037 under the direction of the Committee on House Administration.
20382038 Copies of the testimony may be released under guidelines
20392039 promulgated by the Committee on House Administration.
20402040 Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
20412041 Committee on House Administration shall ensure that an audio and
20422042 video recording of any public hearing, formal meeting, or work
20432043 session of the Committee on Appropriations or a subcommittee of the
20442044 Committee on Appropriations is made available to the public on the
20452045 Internet in a timely manner.
20462046 (b) To the extent that current technological capabilities
20472047 prohibit immediate implementation of this section, the Committee on
20482048 House Administration shall use the committee's best efforts to
20492049 conform to the requirements of this section as soon as practicable.
20502050 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
20512051 coordinator, under the direction of the Committee on House
20522052 Administration, shall prescribe the form of a sworn statement,
20532053 which may be in electronic or paper format, to be executed by all
20542054 persons, other than members, who wish to be recognized by the chair
20552055 to address the committee. The statement shall provide for showing
20562056 at least:
20572057 (1) the committee or subcommittee;
20582058 (2) the name, address, and telephone number of the
20592059 person appearing;
20602060 (3) the person, firm, corporation, class, or group
20612061 represented;
20622062 (4) the type of business, profession, or occupation in
20632063 which the person is engaged, if the person is representing himself
20642064 or herself; and
20652065 (5) the matter before the committee on which the
20662066 person wishes to be recognized to address the committee and whether
20672067 for, against, or neutral on the matter.
20682068 (b) No person shall be recognized by the chair to address
20692069 the committee in favor of, in opposition to, or without taking a
20702070 position on a matter until the sworn statement has been filed with
20712071 the chair of the committee. The chair of the committee shall
20722072 indicate whether the person completing the statement was recognized
20732073 to address the committee.
20742074 (c) Sworn statements submitted in paper format for those
20752075 persons recognized by the chair to address the committee shall
20762076 accompany the copy of the minutes of the meeting filed with the
20772077 committee coordinator.
20782078 (d) All persons, other than members, recognized by the chair
20792079 to address the committee shall give their testimony under oath, and
20802080 each committee may avail itself of additional powers and
20812081 prerogatives authorized by law.
20822082 (e) The committee shall ensure that an individual who is
20832083 blind receives any necessary assistance in executing the sworn
20842084 statement.
20852085 (f) The committee shall inform a witness who is blind which
20862086 members of the committee are present when the witness begins to
20872087 testify and shall inform the witness during the testimony of the
20882088 departure and arrival of committee members.
20892089 (g) The chair may recognize a witness who has been invited
20902090 by the committee to attend the meeting but is not present in the
20912091 same physical location as the committee to testify before the
20922092 committee through an Internet or other videoconferencing system if:
20932093 (1) the witness has executed a sworn statement, in
20942094 electronic or paper format, under this section;
20952095 (2) the witness has filed the statement or a copy of
20962096 the statement with the chair before testifying; and
20972097 (3) two-way communication has been enabled to allow
20982098 the witness to be clearly visible and audible to the committee
20992099 members and the committee members to be clearly visible and audible
21002100 to the witness.
21012101 (h) A person who serves as a translator, including an
21022102 interpreter, for a witness before a committee must execute a form
21032103 prescribed by the committee coordinator, under the direction of the
21042104 Committee on House Administration. The form must at least include
21052105 the name of the translator and the name of the witness whom the
21062106 translator is serving.
21072107 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
21082108 By a record vote of not less than two-thirds of those present and
21092109 voting, a quorum being present, each standing committee shall have
21102110 the power and authority to issue process to witnesses at any place
21112111 in the State of Texas, to compel their attendance, and to compel the
21122112 production of all books, records, and instruments. If necessary to
21132113 obtain compliance with subpoenas or other process, the committee
21142114 shall have the power to issue writs of attachment. All process
21152115 issued by the committee may be addressed to and served by an agent
21162116 of the committee or a sergeant-at-arms appointed by the committee
21172117 or by any peace officer of the State of Texas. The committee shall
21182118 also have the power to cite and have prosecuted for contempt, in the
21192119 manner provided by law, anyone disobeying the subpoenas or other
21202120 process lawfully issued by the committee. The chair of the
21212121 committee shall issue, in the name of the committee, the subpoenas
21222122 and other process as the committee may direct.
21232123 (b) The chair may summon the governing board or other
21242124 representatives of a state agency to appear and testify before the
21252125 committee without issuing process under Subsection (a) of this
21262126 section. The summons may be communicated in writing, orally, or
21272127 electronically. If the persons summoned fail or refuse to appear,
21282128 the committee may issue process under Subsection (a) of this
21292129 section.
21302130 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
21312131 prior approval by the Committee on House Administration, witnesses
21322132 attending proceedings of any committee under process of the
21332133 committee shall be allowed the same mileage and per diem as are
21342134 allowed members of the committee when in a travel status, to be paid
21352135 out of the contingent expense fund of the house of representatives
21362136 on vouchers approved by the chair of the committee, the chair of the
21372137 Committee on House Administration, and the speaker of the house.
21382138 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
21392139 Each committee is authorized to request the assistance, when
21402140 needed, of all state departments, agencies, and offices, and it
21412141 shall be the duty of the departments, agencies, and offices to
21422142 assist the committee when requested to do so. Each committee shall
21432143 have the power and authority to inspect the records, documents, and
21442144 files of every state department, agency, and office, to the extent
21452145 necessary to the discharge of its duties within the area of its
21462146 jurisdiction.
21472147 Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
21482148 meeting of a committee, the chair may recognize a member of the
21492149 house who is not a member of the committee to provide information to
21502150 the committee, and may recognize a member of the senate for that
21512151 purpose. Recognition is solely within the discretion of the chair
21522152 and is not subject to appeal by that member.
21532153 CHAPTER C. COMMITTEE FUNCTIONS
21542154 Sec. 24. INTERIM STUDIES AND HEARINGS. (a) Standing
21552155 committees, en banc or by subcommittees, and permanent standing
21562156 subcommittees are hereby authorized to conduct studies that are
21572157 authorized by the speaker pursuant to Rule 1, Section 17. Studies
21582158 may not be authorized by resolution. The speaker may appoint public
21592159 citizens and officials of state and local governments to standing
21602160 committees to augment the membership for the purpose of interim
21612161 studies and shall provide a list of such appointments to the chief
21622162 clerk. The chair of the standing committee shall have authority to
21632163 name the subcommittees necessary and desirable for the conduct of
21642164 the interim studies authorized to be conducted by the committee and
21652165 shall also prepare a budget for interim studies for approval by the
21662166 Committee on House Administration.
21672167 (b) The Committee on Appropriations shall hold one or more
21682168 public hearings to examine the requests for legislative
21692169 appropriations submitted by each major state agency and institution
21702170 of higher education under Section 322.007, Government Code, and any
21712171 other law, to the Legislative Budget Board following sine die
21722172 adjournment of the regular session. The committee may require the
21732173 head or any employee of an agency or institution submitting a
21742174 request to appear at a public hearing and present information about
21752175 the request. A subcommittee may perform the committee's duties
21762176 under this subsection as determined by the chair of the committee.
21772177 As used in this subsection, "major state agency" means an agency for
21782178 which the most recent general appropriations act made an
21792179 appropriation in the amount of $40 million or more.
21802180 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
21812181 CALENDAR. No motion is in order in a committee considering a bill,
21822182 resolution, or other matter that would prevent the committee from
21832183 reporting it back to the house or placing it on a calendar in
21842184 accordance with the Rules of the House.
21852185 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
21862186 committee on bills or resolutions referred to it shall be
21872187 considered as final unless it is in the form of a favorable report,
21882188 an unfavorable report, or a report of inability to recommend a
21892189 course of action.
21902190 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
21912191 committee to report favorably or unfavorably must receive
21922192 affirmative majority votes, majority negative votes to either
21932193 motion being insufficient to report. If a committee is unable to
21942194 agree on a recommendation for action, as in the case of a tie vote,
21952195 it should submit a statement of this fact as its report, and the
21962196 house shall decide, by a majority vote, the disposition of the
21972197 matter by one of the following alternatives:
21982198 (1) leave the bill in the committee for further
21992199 consideration;
22002200 (2) refer the bill to some other committee; or
22012201 (3) order the bill printed, in which case the bill
22022202 shall go to the Committee on Calendars for placement on a calendar
22032203 and for proposal of an appropriate rule for house consideration.
22042204 Sec. 28. MINORITY REPORTS. The report of a minority of a
22052205 committee shall be made in the same general form as a majority
22062206 report. No minority report shall be recognized by the house unless
22072207 it has been signed by not less than 4 members of a committee
22082208 consisting of 21 or more members, 3 members of a committee
22092209 consisting of less than 21 members and more than 10 members, or 2
22102210 members of a committee consisting of 10 or less members. Only
22112211 members who were present when the vote was taken on the bill,
22122212 resolution, or other matter being reported, and who voted on the
22132213 losing side, may sign a minority report. Notice of intention to
22142214 file a minority report shall be given to the assembled committee
22152215 after the vote on the bill, resolution, or other matter, and before
22162216 the recess or adjournment of the committee, provided ample
22172217 opportunity is afforded for the giving of notice; otherwise, notice
22182218 may be given in writing to the chief clerk within 24 hours after the
22192219 recess or adjournment of the committee.
22202220 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
22212221 majority report on a bill is unfavorable, and a favorable minority
22222222 report is not signed in accordance with Section 28 of this rule and
22232223 filed with the chief clerk within two calendar days, exclusive of
22242224 Sunday and the date of committee action, the chief clerk shall file
22252225 the bill away as dead; except during the last 15 calendar days of a
22262226 regular session, or the last 7 calendar days of a special session,
22272227 when the chief clerk shall hold a bill only one calendar day,
22282228 exclusive of Sunday and the date of committee action, awaiting the
22292229 filing of a minority report before the bill is filed away as dead.
22302230 If the favorable minority report is properly signed and filed, the
22312231 chief clerk shall hold the bill for five legislative days,
22322232 exclusive of the legislative day in which the minority report was
22332233 filed, awaiting adoption by the house of a motion to print the bill
22342234 on minority report. If the motion to print is carried, the bill
22352235 shall be printed as if it had been reported favorably, and shall
22362236 then be immediately forwarded to the Committee on Calendars for
22372237 placement on a calendar and for proposal of an appropriate rule for
22382238 house consideration. If a motion to print a bill on minority report
22392239 is not made within the five legislative days authorized above, the
22402240 chief clerk shall file the bill away as dead. It shall not be in
22412241 order to move to recommit a bill adversely reported with no minority
22422242 report, except as provided in Section 30 of this rule. A two-thirds
22432243 vote of the house shall be required to print on minority report a
22442244 joint resolution proposing an amendment to the Constitution of
22452245 Texas.
22462246 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
22472247 AUTHOR. No adverse report shall be made on any bill or resolution
22482248 by any committee without first giving the author or sponsor of the
22492249 bill an opportunity to be heard. If it becomes evident to the house
22502250 that a bill has been reported adversely without the author or
22512251 sponsor having had an opportunity to be heard as provided in this
22522252 section, the house may, by a majority vote, order the bill
22532253 recommitted even though no minority report was filed in the manner
22542254 prescribed by the rules. This provision shall have precedence over
22552255 Rule 7, Section 20.
22562256 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
22572257 reported adversely, it shall be subject to the same rules that
22582258 govern other bills reported adversely.
22592259 Sec. 32. FORM OF REPORTS. (a) Reports of standing
22602260 committees on bills and resolutions shall be made in duplicate,
22612261 with one copy to be filed with the journal clerk for printing in the
22622262 journal and the other to accompany the original bill.
22632263 (b) All committee reports must be in writing and shall:
22642264 (1) be signed by the chair, or the member acting as
22652265 chair, or a majority of the membership of the committee;
22662266 (2) be addressed to the speaker;
22672267 (3) contain a statement of the recommendations of the
22682268 committee with reference to the matter which is the subject of the
22692269 report;
22702270 (4) contain the date the committee made its
22712271 recommendation;
22722272 (5) indicate whether a copy of a bill or resolution was
22732273 forwarded to the Legislative Budget Board for preparation of a
22742274 fiscal note or other impact statement, if applicable;
22752275 (6) contain the record vote by which the report was
22762276 adopted, including the vote of each member of the committee;
22772277 (7) contain the recommendation that the bill or
22782278 resolution be sent to the Committee on Local and Consent Calendars
22792279 for placement on the local, consent, and resolutions calendar if
22802280 applicable;
22812281 (8) state the name of the primary house sponsor of all
22822282 senate bills and resolutions and indicate the names of all joint
22832283 sponsors or cosponsors;
22842284 (9) include a summary of the committee hearing on the
22852285 bill or resolution;
22862286 (10) include a list of the names of the persons, other
22872287 than members of the legislature, and persons or entities
22882288 represented by those persons, who submitted to the committee sworn
22892289 statements indicating that the persons were present in favor of, in
22902290 opposition to, or without taking a position on the bill or
22912291 resolution. The omission from the list of the name of a person who
22922292 submitted a sworn statement regarding a bill or resolution but who
22932293 was not recognized by the chair to address the committee is not
22942294 subject to a point of order;
22952295 (11) for a joint resolution proposing a constitutional
22962296 amendment, include the bill number of any enabling legislation for
22972297 the constitutional amendment designated as such by the author or
22982298 sponsor of the joint resolution;
22992299 (12) for a bill that is designated by the author or
23002300 sponsor of the bill as enabling legislation for a constitutional
23012301 amendment proposed by a joint resolution, include the number of the
23022302 joint resolution; and
23032303 (13) contain a copy of each form executed by a
23042304 translator for a witness as required by Section 20(h) of this rule.
23052305 (c) Except for the general appropriations bill, each
23062306 committee report on a bill or joint resolution, including a
23072307 complete committee substitute, and, to the extent considered
23082308 necessary by the committee, a committee report on any other
23092309 resolution, must include in summary or section-by-section form a
23102310 detailed analysis of the subject matter of the bill or resolution,
23112311 specifically including:
23122312 (1) background information on the proposal and
23132313 information on what the bill or resolution proposes to do;
23142314 (2) an analysis of the content of the bill or
23152315 resolution, including a separate statement that lists each statute
23162316 or constitutional provision that is expressly repealed by the bill
23172317 or resolution;
23182318 (3) a statement indicating whether or not any
23192319 rulemaking authority is expressly delegated to a state officer,
23202320 department, agency, or institution, and, if so, identifying the
23212321 sections of the measure in which that rulemaking authority is
23222322 delegated;
23232323 (4) a statement indicating whether or not the bill or
23242324 resolution expressly creates a criminal offense, expressly
23252325 increases the punishment for an existing criminal offense or
23262326 category of offenses, or expressly changes the eligibility of a
23272327 person for community supervision, parole, or mandatory
23282328 supervision;
23292329 (5) a statement of substantial differences between a
23302330 complete committee substitute and the original bill; and
23312331 (6) a brief explanation of each amendment adopted by
23322332 the committee.
23332333 (d) The committee to which the bill or resolution is
23342334 referred may request the Texas Legislative Council to prepare the
23352335 analysis required by Subsection (c) of this section.
23362336 (e) A committee chair shall provide to the author of a house
23372337 measure a copy of the analysis required by Subsection (c) of this
23382338 section as soon as the analysis is complete.
23392339 (f) The author of a bill or resolution may request that an
23402340 analysis prepared for purposes of this section include a statement
23412341 written by the author that includes any additional information that
23422342 the author considers appropriate.
23432343 (g) It shall be the duty of the committee chair, on all
23442344 matters reported by the committee, to see that all provisions of
23452345 Rule 12 are satisfied. The chair shall strictly construe this
23462346 provision to achieve the desired purposes.
23472347 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
23482348 committee determines that a bill or joint resolution, other than
23492349 the general appropriations bill, authorizes or requires the
23502350 expenditure or diversion of state funds for any purpose, the chair
23512351 shall send a copy of the measure to the Legislative Budget Board for
23522352 the preparation of a fiscal note outlining the fiscal implications
23532353 and probable cost of the measure.
23542354 (b) If the chair of a standing committee determines that a
23552355 bill or joint resolution has statewide impact on units of local
23562356 government of the same type or class and authorizes or requires the
23572357 expenditure or diversion of local funds, or creates or impacts a
23582358 local tax, fee, license charge, or penalty, the chair shall send a
23592359 copy of the measure to the Legislative Budget Board for the
23602360 preparation of a fiscal note outlining the fiscal implications and
23612361 probable cost of the measure.
23622362 (c) In preparing a fiscal note, the director of the
23632363 Legislative Budget Board may utilize information or data supplied
23642364 by any person, agency, organization, or governmental unit that the
23652365 director deems reliable. If the director determines that the fiscal
23662366 implications of the measure cannot be ascertained, the director
23672367 shall so state in the fiscal note, shall when reasonably
23682368 ascertainable provide an estimated range of the fiscal
23692369 implications, and shall include in the note a statement of the
23702370 reasons the director is unable to ascertain the fiscal implications
23712371 of the measure, in which case the fiscal note shall be in full
23722372 compliance with the rules. If the director of the Legislative
23732373 Budget Board is unable to acquire or develop sufficient information
23742374 to prepare the fiscal note within 15 days of receiving the measure
23752375 from the chair of a committee, the director shall so state in the
23762376 fiscal note, shall when reasonably ascertainable provide an
23772377 estimated range of the fiscal implications, and shall include in
23782378 the note a statement of the reasons the director is unable to
23792379 acquire or develop sufficient information, in which case the note
23802380 shall be in full compliance with the rules.
23812381 (d) If the chair determines that a fiscal note is required,
23822382 copies of the fiscal note must be distributed to the members of the
23832383 committee not later than the first time the measure is laid out in a
23842384 committee meeting. The fiscal note shall be attached to the measure
23852385 on first printing. If the measure is amended by the committee so as
23862386 to alter its fiscal implications, the chair shall obtain an updated
23872387 fiscal note, which shall also be attached to the measure on first
23882388 printing.
23892389 (e) All fiscal notes shall remain with the measure
23902390 throughout the entire legislative process, including submission to
23912391 the governor.
23922392 (f) All fiscal notes must include in the summary box on the
23932393 first page of the fiscal note a statement that indicates whether the
23942394 bill or joint resolution will have fiscal implications or probable
23952395 costs in any year.
23962396 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
23972397 this section that all members of the house are timely informed as to
23982398 the impact of proposed legislation on the state or other unit of
23992399 government.
24002400 (a-1) The chair of the appropriations committee shall send a
24012401 copy of the general appropriations bill to the Legislative Budget
24022402 Board for the preparation of a dynamic economic impact statement,
24032403 specifically including the number of state employees to be affected
24042404 and the estimated impact on employment by the private sector and
24052405 local governments in Texas as a result of any change in state
24062406 expenditures made by the bill as compared to the biennium preceding
24072407 the biennium to which the bill applies.
24082408 (b) If the chair of a standing committee determines that a
24092409 bill or joint resolution:
24102410 (1) authorizes or requires a change in the sanctions
24112411 applicable to adults convicted of felony crimes, the chair shall
24122412 send a copy of the measure to the Legislative Budget Board for the
24132413 preparation of a criminal justice policy impact statement;
24142414 (2) authorizes or requires a change in the public
24152415 school finance system, the chair shall send a copy of the measure to
24162416 the Legislative Budget Board for the preparation of an equalized
24172417 education funding impact statement;
24182418 (3) proposes to change benefits or participation in
24192419 benefits of a public retirement system or change the financial
24202420 obligations of a public retirement system, the chair shall send a
24212421 copy of the measure to the Legislative Budget Board for the
24222422 preparation of an actuarial impact statement in cooperation with
24232423 the State Pension Review Board;
24242424 (4) proposes to create a water district under the
24252425 authority of Article XVI, Section 59, of the Texas Constitution,
24262426 the chair shall send a copy of the measure to the Legislative Budget
24272427 Board for the preparation of a water development policy impact
24282428 statement; or
24292429 (5) creates or impacts a state tax or fee, the chair
24302430 shall send a copy of the measure to the Legislative Budget Board for
24312431 the preparation of a tax equity note that estimates the general
24322432 effects of the proposal on the distribution of tax and fee burdens
24332433 among individuals and businesses.
24342434 (c) In preparing an impact statement, the director of the
24352435 Legislative Budget Board may utilize information or data supplied
24362436 by any person, agency, organization, or governmental unit that the
24372437 director deems reliable. If the director determines that the
24382438 particular implications of the measure cannot be ascertained, the
24392439 director shall so state in the impact statement, in which case the
24402440 impact statement shall be in full compliance with the rules.
24412441 (d) An impact statement is not required to be present before
24422442 a measure is laid out in a committee meeting. If timely received,
24432443 the impact statement shall be attached to the measure on first
24442444 printing. If the measure is amended by the committee so as to alter
24452445 its particular implications, the chair shall obtain an updated
24462446 impact statement. If timely received, the updated impact statement
24472447 shall also be attached to the measure on first printing.
24482448 (e) An impact statement that is received after the first
24492449 printing of a measure has been distributed to the members shall be
24502450 forwarded by the chair of the committee to the committee
24512451 coordinator. The committee coordinator shall have the impact
24522452 statement printed and distributed to the members.
24532453 (f) All impact statements received shall remain with the
24542454 measure throughout the entire legislative process, including
24552455 submission to the governor.
24562456 Sec. 35. REPORTS ON HOUSE AND CONCURRENT
24572457 RESOLUTIONS. Committee reports on house and concurrent
24582458 resolutions shall be made in the same manner and shall follow the
24592459 same procedure as provided for bills, subject to any differences
24602460 otherwise authorized or directed by the rules.
24612461 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
24622462 action by the house is necessary on the report of a standing
24632463 committee. The bill, resolution, or proposition recommended or
24642464 reported by the committee shall automatically be before the house
24652465 for its consideration after the bill or resolution has been
24662466 referred to the appropriate calendars committee for placement on a
24672467 calendar and for proposal of an appropriate rule for house
24682468 consideration.
24692469 Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
24702470 committee reports on bills or resolutions shall be immediately
24712471 referred to the committee coordinator. The chair of the committee
24722472 shall be responsible for delivery of the report to the committee
24732473 coordinator.
24742474 Sec. 38. DELIVERY OF REPORTS TO CALENDARS
24752475 COMMITTEES. After printing, the chief clerk shall be responsible
24762476 for delivery of a certified copy of the committee report to the
24772477 appropriate calendars committee, which committee shall immediately
24782478 accept the bill or resolution for placement on a calendar and for
24792479 the proposal of an appropriate rule for house consideration.
24802480 Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
24812481 shall provide notice to each member at the member's designated
24822482 Capitol e-mail address when a committee report under Section 38 of
24832483 this rule on a bill extending an agency, commission, or advisory
24842484 committee under the Texas Sunset Act has been printed or posted and
24852485 is available to be distributed to the appropriate calendars
24862486 committee.
24872487 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
24882488 power to amend, delete, or change in any way the nature, purpose, or
24892489 content of any bill or resolution referred to it, but may draft and
24902490 recommend amendments to it, which shall become effective only if
24912491 adopted by a majority vote of the house.
24922492 Sec. 40. SUBSTITUTES. The committee may adopt and report a
24932493 complete germane committee substitute containing the title,
24942494 enacting clause, and text of the bill in lieu of an original bill,
24952495 in which event the complete substitute bill on committee report
24962496 shall be laid before the house and shall be the matter then before
24972497 the house for its consideration, instead of the original bill. If
24982498 the substitute bill is defeated at any legislative stage, the bill
24992499 is considered not passed.
25002500 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
25012501 raised that a complete committee substitute is not germane, in
25022502 whole or in part, and the point of order is sustained, the committee
25032503 substitute shall be returned to the Committee on Calendars, which
25042504 may have the original bill printed and distributed and placed on a
25052505 calendar in lieu of the substitute or may return the original bill
25062506 to the committee from which it was reported for further action.
25072507 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
25082508 REPORT. Should the author or sponsor of the bill, resolution, or
25092509 other proposal not be satisfied with the final recommendation or
25102510 form of the committee report, the member shall have the privilege of
25112511 offering on the floor of the house such amendments or changes as he
25122512 or she considers necessary and desirable, and those amendments or
25132513 changes shall be given priority during the periods of time when
25142514 original amendments are in order under the provisions of Rule 11,
25152515 Section 7.
25162516 CHAPTER D. SUBCOMMITTEES
25172517 Sec. 43. JURISDICTION. Each committee is authorized to
25182518 conduct its activities and perform its work through the use of
25192519 subcommittees as shall be appointed by the speaker under these
25202520 rules or as determined by the chair of the committee. Subcommittees
25212521 appointed by the chair of the committee shall be created,
25222522 organized, and operated in such a way that the subject matter and
25232523 work area of each subcommittee shall be homogeneous and shall
25242524 pertain to related governmental activities. The size and
25252525 jurisdiction of each subcommittee, other than a permanent standing
25262526 subcommittee, shall be determined by the chair of the committee.
25272527 Sec. 44. MEMBERSHIP. The chair of each standing committee
25282528 shall appoint from the membership of the committee the members who
25292529 are to serve on each subcommittee, other than a permanent standing
25302530 subcommittee. Any vacancy on a subcommittee shall be filled by
25312531 appointment of the appointing authority [chair of the standing
25322532 committee]. The chair and vice-chair of each subcommittee, other
25332533 than a permanent standing subcommittee, shall be named by the chair
25342534 of the committee.
25352535 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
25362536 Procedure of the House of Representatives, to the extent
25372537 applicable, shall govern the hearings and operations of each
25382538 subcommittee. Subject to the foregoing, and to the extent
25392539 necessary for orderly transaction of business, each subcommittee
25402540 may promulgate and adopt additional rules and procedures by which
25412541 it will function.
25422542 Sec. 46. QUORUM. A majority of a subcommittee shall
25432543 constitute a quorum, and no action or recommendation of a
25442544 subcommittee shall be valid unless taken at a meeting with a quorum
25452545 actually present. All reports of a subcommittee must be approved by
25462546 record vote by a majority of the membership of the subcommittee.
25472547 Minutes of the subcommittee shall be maintained in a manner similar
25482548 to that required by the rules for standing committees. Proxies
25492549 cannot be used in subcommittees.
25502550 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
25512551 the area of its jurisdiction, shall have all of the power,
25522552 authority, and rights granted by the Rules of Procedure of the House
25532553 of Representatives to the standing committee, except subpoena
25542554 power, to the extent necessary to discharge the duties and
25552555 responsibilities of the subcommittee.
25562556 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO SUBCOMMITTEE.
25572557 All bills and resolutions referred directly to a standing committee
25582558 shall be reviewed by the chair to determine appropriate disposition
25592559 of the bills and resolutions. All bills and resolutions referred
25602560 directly to a standing committee shall be considered by the entire
25612561 standing committee unless the chair of that standing committee
25622562 determines to refer those [the] bills and resolutions to a
25632563 subcommittee. If a bill or resolution is referred by the chair of
25642564 the standing committee to a subcommittee, it shall be considered by
25652565 the subcommittee in the same form in which the measure was referred
25662566 to the standing committee, and any action taken by the standing
25672567 committee on a proposed amendment or committee substitute before a
25682568 measure is referred to subcommittee is therefore voided at the time
25692569 the measure is referred to subcommittee. The subcommittee shall be
25702570 charged with the duty and responsibility of conducting the hearing,
25712571 doing research, and performing such other functions as the
25722572 subcommittee or its parent standing committee may determine. All
25732573 meetings of the subcommittee shall be scheduled by the subcommittee
25742574 chair, with appropriate public notice and notification of each
25752575 member of the subcommittee under the same rules of procedure as
25762576 govern the conduct of the standing committee.
25772577 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
25782578 deliberations on a bill, resolution, or other matter referred to
25792579 it, the subcommittee may prepare a written report, comprehensive
25802580 in nature, for submission to the full committee. The report shall
25812581 include background material as well as recommended action and shall
25822582 be accompanied by a complete draft of the bill, resolution, or other
25832583 proposal in such form as the subcommittee shall determine.
25842584 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
25852585 reports shall be directed to the chair of the committee, who shall
25862586 schedule meetings of the standing committee from time to time as
25872587 necessary and appropriate for the reception of subcommittee reports
25882588 and for action on reports by the standing committee. No
25892589 subcommittee report shall be scheduled for action by the standing
25902590 committee until at least 24 hours after a copy of the subcommittee
25912591 report is provided to each member of the standing committee.
25922592 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
25932593 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
25942594 HOUSE. The house may resolve itself into a committee of the whole
25952595 house to consider any matter referred to it by the house. In
25962596 forming a committee of the whole house, the speaker shall vacate the
25972597 chair and shall appoint a chair to preside in committee.
25982598 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
25992599 the proceedings of the house and those governing committees shall
26002600 be observed in committees of the whole, to the extent that they are
26012601 applicable.
26022602 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
26032603 WHOLE. (a) It shall be in order to move a call of the committee of
26042604 the whole at any time to secure and maintain a quorum for the
26052605 following purposes:
26062606 (1) for the consideration of a certain or specific
26072607 matter; or
26082608 (2) for a definite period of time; or
26092609 (3) for the consideration of any designated class of
26102610 bills.
26112611 (b) When a call of the committee of the whole is moved and
26122612 seconded by 10 members, of whom the chair may be one, and is ordered
26132613 by majority vote, the main entrance of the hall and all other doors
26142614 leading out of the hall shall be locked, and no member shall be
26152615 permitted to leave the hall without written permission. Other
26162616 proceedings under a call of the committee shall be the same as under
26172617 a call of the house.
26182618 Sec. 54. HANDLING OF A BILL. A bill committed to a
26192619 committee of the whole house shall be handled in the same manner as
26202620 in any other committee. The body of the bill shall not be defaced or
26212621 interlined, but all amendments shall be duly endorsed by the chief
26222622 clerk as they are adopted by the committee, and so reported to the
26232623 house. When a bill is reported by the committee of the whole house
26242624 it shall be referred immediately to the appropriate calendars
26252625 committee for placement on the appropriate calendar and shall
26262626 follow the same procedure as any other bill on committee report.
26272627 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
26282628 event that the committee of the whole, at any sitting, fails to
26292629 complete its work on any bill or resolution under consideration for
26302630 lack of time, or desires to take any action on that measure that is
26312631 permitted under the rules for other committees, it may, on a motion
26322632 made and adopted by majority vote, rise, report progress, and ask
26332633 leave of the house to sit again generally, or at a time certain.
26342634 CHAPTER F. SELECT AND INTERIM STUDY COMMITTEES
26352635 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
26362636 committees made during a session shall be filed with the chief clerk
26372637 and printed in the journal, unless otherwise determined by the
26382638 house.
26392639 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
26402640 the speaker may create interim study committees to conduct studies
26412641 by issuing a proclamation for each committee, which shall specify
26422642 the issue to be studied, committee membership, and any additional
26432643 authority and duties. A copy of each proclamation creating an
26442644 interim study committee shall be filed with the chief clerk. An
26452645 interim study committee expires on release of its final report or
26462646 when the next legislature convenes, whichever is earlier. An
26472647 interim study committee may not be created by resolution.
26482648 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
26492649 appoint all members of an interim study committee, which may
26502650 include public citizens and officials of state and local
26512651 governments. The speaker shall also designate the chair and
26522652 vice-chair and may authorize the chair to create subcommittees and
26532653 appoint citizen advisory committees.
26542654 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
26552655 the proceedings of the house and those governing standing
26562656 committees shall be observed by an interim study committee, to the
26572657 extent that they are applicable. An interim study committee shall
26582658 have the power to issue process and to request assistance of state
26592659 agencies as provided for a standing committee in Sections 21, 22,
26602660 and 23 of this rule.
26612661 Sec. 60. FUNDING AND STAFF. An interim study committee
26622662 shall use existing staff resources of its members, standing
26632663 committees, house offices, and legislative service agencies. The
26642664 chair of an interim study committee shall prepare a detailed budget
26652665 for approval by the speaker and the Committee on House
26662666 Administration. An interim study committee may accept gifts,
26672667 grants, and donations for the purpose of funding its activities as
26682668 provided by Sections 301.032(b) and (c), Government Code.
26692669 Sec. 61. STUDY REPORTS. (a) The final report or
26702670 recommendations of an interim study committee shall be approved by
26712671 a majority of the committee membership. Dissenting members may
26722672 attach statements to the final report.
26732673 (b) An interim study committee shall submit the committee's
26742674 final report to the committee coordinator in the manner prescribed
26752675 by the committee coordinator. The committee coordinator shall:
26762676 (1) distribute copies of the final report to the
26772677 speaker, the Legislative Reference Library, and other appropriate
26782678 agencies; and
26792679 (2) make a copy of the final report available on the
26802680 house's Internet website.
26812681 (c) This section shall also apply to interim study reports
26822682 of standing committees.
26832683 Sec. 62. JOINT HOUSE AND SENATE INTERIM
26842684 STUDIES. Procedures may be established by a concurrent resolution
26852685 adopted by both houses, by which the speaker may authorize and
26862686 appoint, jointly with the senate, committees to conduct interim
26872687 studies. A copy of the authorization for and the appointments to a
26882688 joint interim study committee shall be filed with the chief clerk.
26892689 Individual joint interim study committees may not be authorized or
26902690 created by resolution.
26912691 RULE 5. FLOOR PROCEDURE
26922692 CHAPTER A. QUORUM AND ATTENDANCE
26932693 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
26942694 quorum to do business.
26952695 Sec. 2. ROLL CALLS. On every roll call or registration,
26962696 the names of the members shall be called or listed, as the case may
26972697 be, alphabetically by surname, except when two or more have the same
26982698 surname, in which case the initials of the members shall be added.
26992699 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
27002700 from the sessions of the house without leave, and no member shall be
27012701 excused on his or her own motion.
27022702 (b) A leave of absence may be granted by a majority vote of
27032703 the house and may be revoked at any time by a similar vote.
27042704 (c) Any member granted a leave of absence due to a meeting of
27052705 a committee or conference committee that has authority to meet
27062706 while the house is in session shall be so designated on each roll
27072707 call or registration for which that member is excused.
27082708 (d) If a member is absent without leave for the purpose of
27092709 impeding the action of the house, the member is subject to one or
27102710 more of the following:
27112711 (1) fines as provided by this section;
27122712 (2) payment of costs incurred by the sergeant-at-arms;
27132713 (3) reprimand;
27142714 (4) censure; or
27152715 (5) expulsion in the manner prescribed by Section 11,
27162716 Article III, Texas Constitution.
27172717 (e) Unless the house excuses the payment by a majority vote,
27182718 each member who is absent without leave is liable to the house for:
27192719 (1) a fine in the amount of $500 for each calendar day
27202720 of absence; and
27212721 (2) the member's pro rata share of the costs incurred
27222722 by the sergeant-at-arms to secure the attendance of absentees.
27232723 (f) The Committee on House Administration shall notify a
27242724 member of the total amount of fines and costs for which payment is
27252725 not excused. A member must pay the amount stated in the committee's
27262726 notice by making payment of that amount to the House Business
27272727 Office not later than the third business day of the first calendar
27282728 month after the date of the committee's notice. A member may not
27292729 make any payment from funds in the member's operating account or
27302730 from funds accepted as political contributions under Title 15,
27312731 Election Code. If a member does not make full payment as required
27322732 by this subsection, the committee shall direct the House Business
27332733 Office to reduce the amount of the monthly credit to the member's
27342734 operating account established under the housekeeping resolution by
27352735 30 percent in each month that any amount of a fine remains past due
27362736 and owing. When a member has made full payment as required by this
27372737 subsection, the committee shall direct the House Business Office
27382738 to restore the impounded funds to the member's operating account
27392739 subject to any limitations on the carrying forward of unexpended
27402740 funds established by the housekeeping resolution.
27412741 (g) Before a member is expelled under this section, the
27422742 matter shall be referred to the Committee on House Administration
27432743 for investigation and report. A report issued under this
27442744 subsection shall not be considered by the house until a printed copy
27452745 of the report has been provided to each member of the house at least
27462746 24 hours before consideration.
27472747 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
27482748 present and fails or refuses to record on a roll call after being
27492749 requested to do so by the speaker shall be recorded as present by
27502750 the speaker and shall be counted for the purpose of making a quorum.
27512751 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
27522752 order of "No Quorum" shall not be accepted by the chair if the last
27532753 roll call showed the presence of a quorum, provided the last roll
27542754 call was taken within two hours of the time the point of order is
27552755 raised.
27562756 (b) If the last roll call was taken more than two hours
27572757 before the point of order is raised, it shall be in order for the
27582758 member who raised the point of order to request a roll call. Such a
27592759 request must be seconded by 25 members. If the request for a roll
27602760 call is properly seconded, the chair shall order a roll call.
27612761 (c) Once a point of order has been made that a quorum is not
27622762 present, it may not be withdrawn after the absence of a quorum has
27632763 been ascertained and announced.
27642764 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
27652765 registration or record vote reveals that a quorum is not present,
27662766 only a motion to adjourn or a motion for a call of the house and the
27672767 motions incidental thereto shall be in order.
27682768 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
27692769 to move a call of the house at any time to secure and maintain a
27702770 quorum for one of the following purposes:
27712771 (1) for the consideration of a specific bill,
27722772 resolution, motion, or other measure;
27732773 (2) for the consideration of any designated class of
27742774 bills; or
27752775 (3) for a definite period of time.
27762776 Motions for, and incidental to, a call of the house are not
27772777 debatable.
27782778 Sec. 8. SECURING A QUORUM. When a call of the house is moved
27792779 for one of the above purposes and seconded by 15 members (of whom
27802780 the speaker may be one) and ordered by a majority vote, the main
27812781 entrance to the hall and all other doors leading out of the hall
27822782 shall be locked and no member permitted to leave the house without
27832783 the written permission of the speaker. The names of members present
27842784 shall be recorded. All absentees for whom no sufficient excuse is
27852785 made may, by order of a majority of those present, be sent for and
27862786 arrested, wherever they may be found, by the sergeant-at-arms or an
27872787 officer appointed by the sergeant-at-arms for that purpose, and
27882788 their attendance shall be secured and retained. The house shall
27892789 determine on what conditions they shall be discharged. Members who
27902790 voluntarily appear shall, unless the house otherwise directs, be
27912791 immediately admitted to the hall of the house and shall report their
27922792 names to the clerk to be entered in the journal as present.
27932793 Until a quorum appears, should the roll call fail to show one
27942794 present, no business shall be transacted, except to compel the
27952795 attendance of absent members or to adjourn. It shall not be in
27962796 order to recess under a call of the house.
27972797 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
27982798 shown to be present, the house may proceed with the matters on which
27992799 the call was ordered, or may enforce the call and await the
28002800 attendance of as many of the absentees as it desires. When the
28012801 house proceeds to the business on which the call was ordered, it
28022802 may, by a majority vote, direct the sergeant-at-arms to cease
28032803 bringing in absent members.
28042804 Sec. 10. REPEATING A RECORD VOTE. When a record vote
28052805 reveals the lack of a quorum, and a call is ordered to secure one, a
28062806 record vote shall again be taken when the house resumes business
28072807 with a quorum present.
28082808 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
28092809 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
28102810 persons shall be entitled to the privileges of the floor of the
28112811 house when the house is in session: members of the house; employees
28122812 of the house when performing their official duties as determined by
28132813 the Committee on House Administration; members of the senate;
28142814 employees of the senate when performing their official duties; the
28152815 Governor of Texas and the governor's chief of staff and director of
28162816 legislative affairs; the lieutenant governor; the secretary of
28172817 state; duly accredited media representatives as permitted by
28182818 Section 20 of this rule; contestants in election cases pending
28192819 before the house; and immediate families of the members of the
28202820 legislature on such special occasions as may be determined by the
28212821 Committee on House Administration.
28222822 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
28232823 persons shall be admitted to the area on the floor of the house
28242824 enclosed by the railing when the house is in session: members of the
28252825 house; members of the senate; the governor; the lieutenant
28262826 governor; officers and employees of the senate and house when those
28272827 officers and employees are actually engaged in performing their
28282828 official duties as determined by the Committee on House
28292829 Administration; spouses of members of the house on such occasions
28302830 as may be determined by the Committee on House Administration; and,
28312831 within the area specifically designated for media representatives,
28322832 duly accredited media representatives as permitted by Section 20 of
28332833 this rule.
28342834 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
28352835 and collectors shall not be admitted to the floor of the house while
28362836 the house is in session.
28372837 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
28382838 invite a person to address the house while it is in session shall be
28392839 in order only if the person invited is entitled to the privileges of
28402840 the floor as defined by Section 11 of this rule and if no business is
28412841 pending before the house.
28422842 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
28432843 a member of the legislature, who is lobbying or working for or
28442844 against any pending or prospective legislative measure shall be
28452845 permitted on the floor of the house or in the adjacent rooms while
28462846 the house is in session.
28472847 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
28482848 admitted to the floor of the house under the rules, except the
28492849 governor or a member of the legislature, lobbies or works for or
28502850 against any pending or prospective legislation or violates any of
28512851 the other rules of the house, the privileges extended to that person
28522852 under the rules shall be suspended by a majority vote of the
28532853 Committee on House Administration. The action of the committee
28542854 shall be reviewable by the house only if two members of the
28552855 committee request an appeal from the decision of the committee. The
28562856 request shall be in the form of a minority report and shall be
28572857 subject to the same rules that are applicable to minority reports on
28582858 bills. Suspension shall remain in force until the accused person
28592859 purges himself or herself and comes within the rules, or until the
28602860 house, by majority vote, reverses the action of the committee.
28612861 Sec. 17. MEMBERS' LOUNGE PRIVILEGES. Only the following
28622862 persons shall be admitted to the members' lounge at any
28632863 time: members of the house; members of the senate; and former
28642864 members of the house and senate who are not engaged in any form of
28652865 employment requiring them to lobby or work for or against any
28662866 pending or prospective legislative measures.
28672867 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
28682868 shall be the duty of the Committee on House Administration to
28692869 determine what duties are to be discharged by officers and
28702870 employees of the house on the floor of the house, specifically in
28712871 the area enclosed by the railing, when the house is in session. It
28722872 shall be the duty of the speaker to see that the officers and
28732873 employees do not violate the regulations promulgated by the
28742874 Committee on House Administration.
28752875 Sec. 19. PROPER DECORUM. No person shall be admitted to,
28762876 or allowed to remain in, the house chamber while the house is in
28772877 session unless properly attired, and all gentlemen shall wear a
28782878 coat and tie. Food or beverage shall not be permitted in the house
28792879 chamber at any time, and no person carrying food or beverage shall
28802880 be admitted to the chamber, whether the house is in session or in
28812881 recess. Reading newspapers shall not be permitted in the house
28822882 chamber while the house is in session. Smoking is not permitted in
28832883 the members' lounge or bathrooms. The Committee on House
28842884 Administration shall designate an area for smoking that is easily
28852885 accessible to the house chamber.
28862886 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
28872887 is in session, no media representative shall be admitted to the
28882888 floor of the house or allowed its privileges unless the person is:
28892889 (1) employed by a print, broadcast, or Internet news
28902890 organization, or by a wire service serving those organizations:
28912891 (A) whose principal business is the periodic
28922892 dissemination of original news and opinion of interest to a broad
28932893 segment of the public;
28942894 (B) which has published or operated continuously
28952895 for 18 months:
28962896 (i) as a for-profit organization that is
28972897 supported chiefly by advertising or subscription revenue; or
28982898 (ii) as a nonprofit organization that has
28992899 qualified as a public charity under Section 501(c)(3), Internal
29002900 Revenue Code of 1986; and
29012901 (C) whose publications or operations are
29022902 editorially independent of any institution, foundation, or
29032903 interest group that lobbies the government or that is not
29042904 principally a general news organization; and
29052905 (2) not engaged in any lobbying or paid advocacy,
29062906 advertising, publicity, or promotion work for any individual,
29072907 political party, corporation, organization, or government agency.
29082908 (b) Any media representative seeking admission to the floor
29092909 of the house under the provisions of this section must submit to the
29102910 Committee on House Administration:
29112911 (1) a notarized application in a form determined by
29122912 the committee; and
29132913 (2) a letter from the media representative's employer
29142914 certifying that:
29152915 (A) the media representative is engaged
29162916 primarily in reporting the sessions of the legislature; and
29172917 (B) no part of the media representative's salary
29182918 for legislative coverage is paid from a source other than the news
29192919 organization or wire service that employs the media representative.
29202920 (c) Regularly accredited media representatives who have
29212921 duly qualified under the provisions of this section may, when
29222922 requested to do so, make recommendations through their professional
29232923 committees to the Committee on House Administration as to the
29242924 sufficiency or insufficiency of the credentials of any person
29252925 seeking admission to the floor of the house under this section.
29262926 (d) If the Committee on House Administration determines
29272927 that a person's media credentials meet the requirements of this
29282928 section, the committee shall issue a pass card to the person. The
29292929 committee may impose a fee to cover the costs of issuing a pass
29302930 card. This pass card must be presented to the doorkeeper each time
29312931 the person seeks admission to the floor of the house while the house
29322932 is in session. Pass cards issued under this section shall not be
29332933 transferable. The failure of a media representative to maintain the
29342934 requirements of this section may result in the revocation of the
29352935 pass card. Persons admitted to the floor of the house pursuant to
29362936 the provisions of this section shall work in appropriate convenient
29372937 seats or work stations in the house, which shall be designated for
29382938 that purpose by the Committee on House Administration.
29392939 (e) Members of the house shall not engage in interviews and
29402940 press conferences on the house floor while the house is in session.
29412941 The Committee on House Administration is authorized to enforce this
29422942 provision and to prescribe such other regulations as may be
29432943 necessary and desirable to achieve these purposes.
29442944 (f) Permission to make recordings in or from the house
29452945 chamber while the house is in session may be granted only by the
29462946 Committee on House Administration. The committee shall promulgate
29472947 rules governing recordings. When recordings from the house chamber
29482948 are permitted by the Committee on House Administration, the
29492949 permission shall, if necessary, identify those persons in the
29502950 technical crews to whom pass cards to the floor of the house and
29512951 galleries are to be issued. Passes granted under this authority
29522952 shall be subject to revocation by the Committee on House
29532953 Administration. As used in this subsection, "recording" means an
29542954 audio, video, or photographic recording for immediate or delayed
29552955 transmission by television or radio or through the Internet.
29562956 (g) The following individuals may submit a written
29572957 complaint regarding a decision by the Committee on House
29582958 Administration under this section:
29592959 (1) an individual who is aggrieved by the committee's
29602960 failure or refusal to grant privileges under this section; or
29612961 (2) a member of the house who believes a media
29622962 representative granted privileges under this section either does
29632963 not meet the requirements of this section or has abused the
29642964 privileges granted under this section.
29652965 (h) The Committee on House Administration shall investigate
29662966 the complaint and may, if necessary, temporarily suspend the media
29672967 representative's privileges pending the investigation. The
29682968 committee shall notify the aggrieved individual or subject of the
29692969 complaint of the time and place of a hearing on the complaint.
29702970 Following the hearing, which must be conducted as provided by
29712971 committee rule, the committee shall determine whether the aggrieved
29722972 individual meets the requirements of this section and, as
29732973 applicable:
29742974 (1) issue a pass card if the committee determines that
29752975 the individual's media credentials meet the requirements of this
29762976 section; or
29772977 (2) revoke the media representative's privileges
29782978 granted under this section if the committee determines that the
29792979 allegations contained in the complaint are valid.
29802980 (i) The final determination by the Committee on House
29812981 Administration on a complaint:
29822982 (1) must be entered in the committee minutes and, if
29832983 the house is convened in a regular or special session, delivered to
29842984 the journal clerk and printed in the journal; and
29852985 (2) is not subject to further review except as
29862986 provided by this section.
29872987 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
29882988 HOUSE CHAMBER. When the house is not in session, the floor of the
29892989 house shall remain open on days and hours determined by the
29902990 Committee on House Administration. By resolution, the house may
29912991 open the floor of the house during its sessions for the inauguration
29922992 of the governor and lieutenant governor and for such other public
29932993 ceremonies as may be deemed warranted.
29942994 CHAPTER C. SPEAKING AND DEBATE
29952995 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
29962996 speak or deliver any matter to the house, the member shall rise and
29972997 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
29982998 on being recognized, may address the house from the microphone at
29992999 the reading clerk's desk, and shall confine all remarks to the
30003000 question under debate, avoiding personalities.
30013001 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
30023002 members rise at once, the speaker shall name the one who is to speak
30033003 first. This decision shall be final and not open to debate or
30043004 appeal.
30053005 Sec. 24. RECOGNITION. (a) Except as otherwise provided
30063006 by this section, there shall be no appeal from the speaker's
30073007 recognition, but the speaker shall be governed by rules and usage in
30083008 priority of entertaining motions from the floor. When a member
30093009 seeks recognition, the speaker may ask, "For what purpose does the
30103010 member rise?" or "For what purpose does the member seek
30113011 recognition?" and may then decide if recognition is to be granted,
30123012 except that the speaker shall recognize a member who seeks
30133013 recognition on a question of privilege.
30143014 (b) If the speaker denies recognition of a member who seeks
30153015 recognition on a question of privilege, other than a question of
30163016 privilege relating to the right of the house to remove the speaker
30173017 and elect a new speaker, the decision of recognition may be appealed
30183018 using the procedures provided in Rule 1, Section 9.
30193019 (c) If the speaker denies recognition of a member who seeks
30203020 recognition on a question of privilege relating to the right of the
30213021 house to remove the speaker and elect a new speaker, the member may
30223022 appeal the speaker's denial of recognition if the member submits to
30233023 the speaker a written request, signed by at least 76 members of the
30243024 house, to appeal the decision of recognition. Upon receiving a
30253025 request for appeal in accordance with this subsection, the speaker
30263026 shall announce the request to the house. The names of the members
30273027 who signed the request and the time that the announcement was made
30283028 shall be entered in the journal. The appeal of a decision of
30293029 recognition under this subsection is eligible for consideration 24
30303030 hours after the request for appeal has been announced in accordance
30313031 with this subsection. The appeal and consideration of the question
30323032 of privilege, if the appeal is successful, takes precedence over
30333033 all other questions except motions to adjourn.
30343034 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
30353035 member who has the floor shall not be interrupted by another member
30363036 for any purpose, unless he or she consents to yield to the other
30373037 member. A member desiring to interrupt another in debate should
30383038 first address the speaker for the permission of the member
30393039 speaking. The speaker shall then ask the member who has the floor
30403040 if he or she wishes to yield, and then announce the decision of that
30413041 member. The member who has the floor may exercise personal
30423042 discretion as to whether or not to yield, and it is entirely within
30433043 the member's discretion to determine who shall interrupt and when.
30443044 Sec. 26. YIELDING THE FLOOR. A member who obtains the
30453045 floor on recognition of the speaker may not be taken off the floor
30463046 by a motion, even the highly privileged motion to adjourn, but if
30473047 the member yields to another to make a motion or to offer an
30483048 amendment, he or she thereby loses the floor.
30493049 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
30503050 proposition, or the member reporting any measure from a committee,
30513051 or, in the absence of either of them, any other member designated by
30523052 such absentee, shall have the right to open and close the debate,
30533053 and for this purpose may speak each time not more than 20 minutes.
30543054 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
30553055 limited to 10 minutes in duration, except as provided in Section 27
30563056 of this rule, and the speaker shall call the members to order at the
30573057 expiration of their time. If the house by a majority vote extends
30583058 the time of any member, the extension shall be for 10 minutes only.
30593059 A second extension of time shall be granted only by unanimous
30603060 consent. During the last 10 calendar days of the regular session,
30613061 and the last 5 calendar days of a special session, Sundays excepted,
30623062 all speeches shall be limited to 10 minutes and shall not be
30633063 extended. The time limits established by this rule shall include
30643064 time consumed in yielding to questions from the floor.
30653065 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
30663066 speak more than twice on the same question without leave of the
30673067 house, nor more than once until every member choosing to speak has
30683068 spoken, nor shall any member be permitted to consume the time of
30693069 another member without leave of the house being given by a majority
30703070 vote.
30713071 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
30723072 pending question is not disposed of because of an adjournment of the
30733073 house, a member who has spoken twice on the subject shall not be
30743074 allowed to speak again without leave of the house.
30753075 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
30763076 a paper is called for, and objection is made, the matter shall be
30773077 determined by a majority vote of the house, without debate.
30783078 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
30793079 person shall pass between the front and back microphones during
30803080 debate or when a member has the floor and is addressing the house.
30813081 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
30823082 member, in speaking or otherwise, transgresses the rules of the
30833083 house, the speaker shall, or any member may, call the member to
30843084 order, in which case the member so called to order shall immediately
30853085 be seated; however, that member may move for an appeal to the house,
30863086 and if appeal is duly seconded by 10 members, the matter shall be
30873087 submitted to the house for decision by majority vote. In such
30883088 cases, the speaker shall not be required to relinquish the chair, as
30893089 is required in cases of appeals from the speaker's decisions. The
30903090 house shall, if appealed to, decide the matter without debate. If
30913091 the decision is in favor of the member called to order, the member
30923092 shall be at liberty to proceed; but if the decision is against the
30933093 member, he or she shall not be allowed to proceed, and, if the case
30943094 requires it, shall be liable to the censure of the house, or such
30953095 other punishment as the house may consider proper.
30963096 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
30973097 All proceedings of the house of representatives shall be
30983098 electronically recorded under the direction of the Committee on
30993099 House Administration. Copies of the proceedings may be released
31003100 under guidelines promulgated by the Committee on House
31013101 Administration.
31023102 (b) Archived video broadcasts of proceedings in the house
31033103 chamber that are available through the house's Internet or intranet
31043104 website may, under the direction of the Committee on House
31053105 Administration, include a link to the point in time in the video
31063106 where each measure under consideration by the house is laid out.
31073107 Such a link shall be provided as soon as the committee determines is
31083108 practical.
31093109 CHAPTER D. QUESTIONS OF PRIVILEGE
31103110 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
31113111 privilege shall be:
31123112 (1) those affecting the rights of the house
31133113 collectively, its safety and dignity, and the integrity of its
31143114 proceedings, including the right of the house to remove the speaker
31153115 and elect a new speaker; and
31163116 (2) those affecting the rights, reputation, and
31173117 conduct of members individually in their representative capacity
31183118 only.
31193119 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
31203120 of privilege shall have precedence over all other questions except
31213121 motions to adjourn. When in order, a member may address the house
31223122 on a question of privilege, or may at any time print it in the
31233123 journal, provided it contains no reflection on any member of the
31243124 house.
31253125 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
31263126 shall not be in order for a member to address the house on a question
31273127 of privilege:
31283128 (1) between the time an undebatable motion is offered
31293129 and the vote is taken on the motion;
31303130 (2) between the time the previous question is ordered
31313131 and the vote is taken on the last proposition included under the
31323132 previous question; or
31333133 (3) between the time a motion to table is offered and
31343134 the vote is taken on the motion.
31353135 (b) If a question of privilege relating to removal of the
31363136 speaker and election of a new speaker fails, a subsequent attempt to
31373137 remove the same speaker can be made only by reconsidering the vote
31383138 by which the original question of privilege failed. Such
31393139 reconsideration shall be subject to the rules of the house
31403140 governing reconsideration.
31413141 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
31423142 INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
31433143 members must confine their remarks within the limits of Section 35
31443144 of this rule, which will be strictly construed to achieve the
31453145 purposes hereof.
31463146 (b) When a member is speaking on privilege, the member shall
31473147 not be interrupted by another member for any purpose. While the
31483148 member is speaking, another member may submit a question of order to
31493149 the speaker in writing or by approaching the podium in person. The
31503150 member submitting the question of order shall not interrupt the
31513151 member who is speaking. The speaker may interrupt the member who is
31523152 speaking if the speaker determines it is appropriate to address the
31533153 question of order at that time.
31543154 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
31553155 of a main or subsidiary motion shall not be discussed or debated
31563156 under the guise of speaking to a question of privilege.
31573157 CHAPTER E. VOTING
31583158 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
31593159 votes, except viva voce votes, members shall record their votes on
31603160 the voting machine and shall not be recognized by the chair to cast
31613161 their votes from the floor. If a member attempts to vote from the
31623162 floor, the speaker shall sustain a point of order directed against
31633163 the member's so doing. This rule shall not be applicable to the
31643164 mover or the principal opponent of the proposition being voted on
31653165 nor to a member whose voting machine is out of order. If a member
31663166 demands strict enforcement of this section, Section 47 shall not
31673167 apply to the taking of a vote, and the house may discipline a member
31683168 in violation of this rule pursuant to its inherent authority.
31693169 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
31703170 registration or vote taken on the voting machine of the house shall
31713171 in all instances be considered the equivalent of a roll call or yea
31723172 and nay vote, which might be had for the same purpose.
31733173 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
31743174 member who has a personal or private interest in any measure or bill
31753175 proposed or pending before the house shall disclose the fact and not
31763176 vote thereon.
31773177 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
31783178 house, a quorum being present, the question shall be divided, if it
31793179 includes propositions so distinct in substance that, one being
31803180 taken away, a substantive proposition remains. A motion for a
31813181 division vote cannot be made after the previous question has been
31823182 ordered, after a motion to table has been offered, after the
31833183 question has been put, nor after the yeas and nays have been
31843184 ordered. Under this subsection, the speaker may divide the
31853185 question into groups of propositions that are closely related.
31863186 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
31873187 present and fails or refuses to vote after being requested to do so
31883188 by the speaker shall be recorded as present but not voting, and
31893189 shall be counted for the purpose of making a quorum.
31903190 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
31913191 member must be on the floor of the house or in an adjacent room or
31923192 hallway on the same level as the house floor, in order to vote.
31933193 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
31943194 each calendar day in which the house is in session, it shall be the
31953195 duty of the journal clerk to lock the voting machine of each member
31963196 who is excused or who is otherwise known to be absent. Each such
31973197 machine shall remain locked until the member in person contacts the
31983198 journal clerk and personally requests the unlocking of the machine.
31993199 Unless otherwise directed by the speaker, the journal clerk shall
32003200 not unlock any machine except at the personal request of the member
32013201 to whom the machine is assigned. Any violation, or any attempt by a
32023202 member or employee to circumvent the letter or spirit of this
32033203 section, shall be reported immediately to the speaker for such
32043204 disciplinary action by the speaker, or by the house, as may be
32053205 warranted under the circumstances.
32063206 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
32073207 guilty by the house of knowingly voting for another member on the
32083208 voting machine without that other member's permission shall be
32093209 subject to discipline deemed appropriate by the house.
32103210 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
32113211 begun, it may not be interrupted for any reason. While a yea and nay
32123212 vote is being taken, or the vote is being counted, no member shall
32133213 visit the reading clerk's desk or the voting clerk's desk.
32143214 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
32153215 allowed to interrupt the vote or to make any explanation of a vote
32163216 that the member is about to give after the voting machine has been
32173217 opened, but may record in the journal the reasons for giving such a
32183218 vote.
32193219 (b) A "Reason for Vote" must be in writing and filed with the
32203220 journal clerk. If timely received, the "Reason for Vote" shall be
32213221 printed immediately following the results of the vote in the
32223222 journal. Otherwise, "Reasons for Vote" shall be printed in a
32233223 separate section at the end of the journal for the day on which the
32243224 reasons were recorded with the journal clerk. Such "Reason for
32253225 Vote" shall not deal in personalities or contain any personal
32263226 reflection on any member of the legislature, the speaker, the
32273227 lieutenant governor, or the governor, and shall not in any other
32283228 manner transgress the rules of the house relating to decorum and
32293229 debate.
32303230 (c) A member absent when a vote was taken may file with the
32313231 journal clerk while the house is in session a statement of how the
32323232 member would have voted if present. If timely received, the
32333233 statement shall be printed immediately following the results of the
32343234 vote in the journal. Otherwise, statements shall be printed in a
32353235 separate section at the end of the journal for the day on which the
32363236 statements were recorded with the journal clerk.
32373237 Sec. 50. PAIRS. (a) All pairs must be announced before the
32383238 vote is declared by the speaker, and a written statement sent to the
32393239 journal clerk. The statement must be signed by the absent member to
32403240 the pair, or the member's signature must have been authorized in
32413241 writing or by telephone, and satisfactory evidence presented to the
32423242 speaker if deemed necessary. If authorized in writing, the writing
32433243 shall be delivered to the chief clerk by personal delivery or by
32443244 commercially acceptable means of delivery, including electronic
32453245 transmission by PDF or similar secure format that is capable of
32463246 transmitting an accurate image of the member's signature. If
32473247 authorized by telephone, the call must be to and confirmed by the
32483248 chief clerk in advance of the vote to which it applies. Pairs shall
32493249 be entered in the journal, and the member present shall be counted
32503250 to make a quorum.
32513251 (b) The speaker may not refuse to recognize a pair that
32523252 complies with the requirements of Subsection (a), if both members
32533253 consent to the pair.
32543254 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
32553255 desire of any member present, the yeas and nays of the members of
32563256 the house on any question shall be taken and entered in the journal.
32573257 No member or members shall be allowed to call for a yea and nay vote
32583258 after a vote has been declared by the speaker.
32593259 (b) A motion to expunge a yea and nay vote from the journal
32603260 shall not be in order.
32613261 (c) The yeas and nays of the members of the house on final
32623262 passage of any bill, any joint resolution proposing or ratifying a
32633263 constitutional amendment, and any other resolution, other than a
32643264 resolution of a purely ceremonial or honorary nature, shall be
32653265 taken and entered in the journal. For purposes of this subsection, a
32663266 vote on final passage includes a vote on:
32673267 (1) third reading;
32683268 (2) second reading if the house suspends or otherwise
32693269 dispenses with the requirement for three readings;
32703270 (3) whether to concur in the senate's amendments; or
32713271 (4) whether to adopt a conference committee report.
32723272 Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
32733273 Committee on House Administration shall ensure that:
32743274 (1) the recorded yeas and nays are available to the
32753275 public on the Internet and on any televised broadcast of the house
32763276 proceedings produced by or under the direction of the house; and
32773277 (2) members of the public may view the yeas and nays in
32783278 real time to the extent possible on the Internet and on any
32793279 televised broadcast of the house proceedings produced by or under
32803280 the direction of the house.
32813281 Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
32823282 any question where a record of the yeas and nays has not been
32833283 ordered, members may have their votes recorded in the journal as
32843284 "yea" or "nay" by filing such information with the journal clerk
32853285 before adjournment or recess to another calendar day.
32863286 Sec. 53. CHANGING A VOTE. Before the result of a vote has
32873287 been finally and conclusively pronounced by the chair, but not
32883288 thereafter, a member may change his or her vote; however, if a
32893289 member's vote is erroneous, the member shall be allowed to change
32903290 that vote at a later time provided:
32913291 (1) the result of the record vote is not changed
32923292 thereby;
32933293 (2) the request is made known to the house by the chair
32943294 and permission for the change is granted by unanimous consent; and
32953295 (3) a notation is made in the journal that the member's
32963296 vote was changed.
32973297 Sec. 54. TIE VOTE. All matters on which a vote may be taken
32983298 by the house shall require for adoption a favorable affirmative
32993299 vote as required by these rules, and in the case of a tie vote, the
33003300 matter shall be considered lost.
33013301 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
33023302 result of a yea and nay vote is close, the speaker may on the request
33033303 of any member order a verification vote, or the speaker may order a
33043304 verification on his or her own initiative. During verification, no
33053305 member shall change a vote unless it was erroneously recorded, nor
33063306 may any member not having voted cast a vote; however, when the clerk
33073307 errs in reporting the yeas and nays, and correction thereof leaves
33083308 decisive effect to the speaker's vote, the speaker may exercise the
33093309 right to vote, even though the result has been announced. A
33103310 verification shall be called for immediately after the vote is
33113311 announced. The speaker shall not entertain a request for
33123312 verification after the house has proceeded to the next question, or
33133313 after a recess or an adjournment. A vote to recess or adjourn, like
33143314 any other proposition, may be verified. Only one vote verification
33153315 can be pending at a time. A verification may be dispensed with by a
33163316 two-thirds vote.
33173317 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
33183318 allow the verification of a registration (as differentiated from a
33193319 record vote) if in the speaker's opinion there is serious doubt as
33203320 to the presence of a quorum.
33213321 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
33223322 VERIFICATION. A motion for a call of the house, and all incidental
33233323 motions relating to it, shall be in order pending the verification
33243324 of a vote. These motions must be made before the roll call on
33253325 verification begins, and it shall not be in order to break into the
33263326 roll call to make them.
33273327 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
33283328 VOTE. If, by an error of the voting clerk or reading clerk in
33293329 reporting the yeas and nays from a registration or verification,
33303330 the speaker announces a result different from that shown by the
33313331 registration or verification, the status of the question shall be
33323332 determined by the vote as actually recorded. If the vote is
33333333 erroneously announced in such a way as to change the true result,
33343334 all subsequent proceedings in connection therewith shall fail, and
33353335 the journal shall be amended accordingly.
33363336 RULE 6. ORDER OF BUSINESS AND CALENDARS
33373337 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
33383338 convenes on a new legislative day, the daily order of business shall
33393339 be as follows:
33403340 (1) Call to order by speaker.
33413341 (2) Registration of members.
33423342 (3) Prayer by chaplain, unless the invocation has been
33433343 given previously on the particular calendar day.
33443344 (4) Pledge of allegiance to the United States flag.
33453345 (5) Pledge of allegiance to the Texas flag.
33463346 (6) Excuses for absence of members and officers.
33473347 (7) First reading and reference to committee of bills
33483348 filed with the chief clerk; and motions to introduce bills, when
33493349 such motions are required.
33503350 (8) Requests to print bills and other papers; requests
33513351 of committees for further time to consider papers referred to them;
33523352 and all other routine motions and business not otherwise provided
33533353 for, all of which shall be undebatable except that the mover and one
33543354 opponent of the motion shall be allowed three minutes each.
33553355 The mover of a routine motion shall be allowed his or her
33563356 choice of making the opening or the closing speech under this rule.
33573357 If the house, under a suspension of the rules, extends the time of a
33583358 member under this rule, such extensions shall be for three minutes.
33593359 Subsidiary motions that are applicable to routine motions shall be
33603360 in order, but the makers of such subsidiary motions shall not be
33613361 entitled to speak thereon in the routine motion period, nor shall
33623362 the authors of the original routine motions be allowed any
33633363 additional time because of subsidiary motions.
33643364 (9) Unfinished business.
33653365 (10) Third reading calendars of the house in their
33663366 order of priority in accordance with Section 7 of this rule, unless
33673367 a different order is determined under other provisions of these
33683368 rules.
33693369 (11) Postponed matters to be laid before the house in
33703370 accordance with Rule 7, Section 15.
33713371 (12) Second reading calendars of the house in their
33723372 order of priority in accordance with Section 7 of this rule, unless
33733373 a different order is determined under other provisions of these
33743374 rules.
33753375 (b) When the house reconvenes for the first time on a new
33763376 calendar day following a recess, the daily order of business shall
33773377 be:
33783378 (1) Call to order by the speaker.
33793379 (2) Registration of members.
33803380 (3) Prayer by the chaplain.
33813381 (4) Pledge of allegiance to the United States flag.
33823382 (5) Pledge of allegiance to the Texas flag.
33833383 (6) Excuses for absence of members and officers.
33843384 (7) Pending business.
33853385 (8) Calendars of the house in their order of priority
33863386 in accordance with Section 7 of this rule, unless a different order
33873387 is determined under other provisions of these rules.
33883388 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
33893389 other measure may on any day be made a special order for the same day
33903390 or for a future day of the session by an affirmative vote of
33913391 two-thirds of the members present. A motion to set a special order
33923392 shall be subject to the three-minute pro and con debate rule. When
33933393 once established as a special order, a bill, resolution, or other
33943394 measure shall be considered from day to day until disposed of; and
33953395 until it has been disposed of, no further special orders shall be
33963396 made.
33973397 A three-fourths vote of the members present shall be required
33983398 to suspend the portion of this rule which specifies that only one
33993399 special order may be made and pending at a time.
34003400 (b) After the first eight items under the daily order of
34013401 business for a legislative day have been passed, a special order
34023402 shall have precedence when the hour for its consideration has
34033403 arrived, except as provided in Section 9 of this rule.
34043404 (c) After the 115th day of a regular session, if a joint
34053405 resolution has appeared on a daily house calendar and is adopted,
34063406 and a bill that is enabling legislation for the joint resolution is
34073407 either on or eligible to be placed on a calendar, the author or
34083408 sponsor of the bill or another member may immediately be recognized
34093409 for a motion to set the bill that is the enabling legislation as a
34103410 special order pursuant to this section. For purposes of this
34113411 subsection, the bill must have been designated as the enabling
34123412 legislation for the joint resolution in writing filed with the
34133413 chief clerk not later than the date the committee report for the
34143414 enabling legislation is printed and distributed.
34153415 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
34163416 may be postponed to a day certain by a two-thirds vote of those
34173417 present, and when so postponed, shall be considered as disposed of
34183418 so far as its place as a special order is concerned.
34193419 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
34203420 resolution laid on the table subject to call may be made a special
34213421 order.
34223422 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
34233423 motion is pending to set a particular bill or resolution as a
34243424 special order, it shall not be in order to move as a substitute to
34253425 set another bill or resolution as a special order. It shall be in
34263426 order, however, to substitute, by majority vote, a different time
34273427 for the special order consideration than that given in the original
34283428 motion.
34293429 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
34303430 If a member moves to set a bill or joint resolution as a special
34313431 order, or moves to suspend the rules to take up a bill or joint
34323432 resolution out of its regular order, and the motion prevails, the
34333433 member shall not have the right to make either of these motions
34343434 again until every other member has had an opportunity, via either of
34353435 these motions, to have some bill or joint resolution considered out
34363436 of its regular order during that session of the legislature. A
34373437 member shall not lose the suspension privilege if the motion to
34383438 suspend or set for special order does not prevail.
34393439 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
34403440 the house shall be controlled by a system of calendars, consisting
34413441 of the following:
34423442 (1) EMERGENCY CALENDAR, on which shall appear bills
34433443 considered to be of such pressing and imperative import as to demand
34443444 immediate action, bills to raise revenue and levy taxes, and the
34453445 general appropriations bill. A bill submitted as an emergency
34463446 matter by the governor may also be placed on this calendar.
34473447 (2) MAJOR STATE CALENDAR, on which shall appear bills
34483448 of statewide effect, not emergency in nature, which establish or
34493449 change state policy in a major field of governmental activity and
34503450 which will have a major impact in application throughout the state
34513451 without regard to class, area, or other limiting factors.
34523452 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
34533453 shall appear joint resolutions proposing amendments to the Texas
34543454 Constitution, joint resolutions proposing the ratification of
34553455 amendments to the Constitution of the United States, and joint
34563456 resolutions applying to Congress for a convention to amend the
34573457 Constitution of the United States.
34583458 (4) GENERAL STATE CALENDAR, on which shall appear
34593459 bills of statewide effect, not emergency in nature, which establish
34603460 or change state law and which have application to all areas but are
34613461 limited in legal effect by classification or other factors which
34623462 minimize the impact to something less than major state policy, and
34633463 bills, not emergency in nature, which are not on the local, consent,
34643464 and resolutions calendar.
34653465 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
34663466 shall appear bills, house resolutions, and concurrent resolutions,
34673467 not emergency in nature, regardless of extent and scope, on which
34683468 there is such general agreement as to render improbable any
34693469 opposition to the consideration and passage thereof, and which have
34703470 been recommended by the appropriate standing committee for
34713471 placement on the local, consent, and resolutions calendar by the
34723472 Committee on Local and Consent Calendars.
34733473 (6) RESOLUTIONS CALENDAR, on which shall appear house
34743474 resolutions and concurrent resolutions, not emergency in nature and
34753475 not privileged.
34763476 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
34773477 on which shall appear congratulatory and memorial resolutions whose
34783478 sole intent is to congratulate, memorialize, or otherwise express
34793479 concern or commendation. The Committee on Resolutions Calendars
34803480 may provide separate categories for congratulatory and memorial
34813481 resolutions.
34823482 (b) A calendars committee shall strictly construe and the
34833483 speaker shall strictly enforce this system of calendars.
34843484 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
34853485 resolutions pending in the house shall follow the same procedure
34863486 with regard to calendars as house bills and resolutions, but
34873487 separate calendars shall be maintained for senate bills and
34883488 resolutions, and consideration of them on senate bill days shall
34893489 have priority in the manner and order specified in this rule.
34903490 (b) No other business shall be considered on days devoted to
34913491 the consideration of senate bills when there remain any bills on any
34923492 of the senate calendars, except with the consent of the senate. When
34933493 all senate calendars are clear, the house may proceed to
34943494 consideration of house calendars on senate bill days.
34953495 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
34963496 on calendar Thursday of each week, only senate bills and senate
34973497 resolutions shall be taken up and considered, until disposed of.
34983498 Senate bills and senate resolutions shall be considered in the
34993499 order prescribed in Section 7 of this rule on separate senate
35003500 calendars prepared by the Committee on Calendars. In case a senate
35013501 bill or senate resolution is pending at adjournment on calendar
35023502 Thursday, it shall go over to the succeeding calendar Wednesday as
35033503 unfinished business.
35043504 (b) Precedence given in Rule 8 to certain classes of bills
35053505 during the first 60 calendar days of a regular session shall also
35063506 apply to senate bills on senate bill days.
35073507 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
35083508 SUBJECT. When any house bill is reached on the calendar or is
35093509 before the house for consideration, it shall be the duty of the
35103510 speaker to give the place on the calendar of the house bill to any
35113511 senate bill containing the same subject that has been referred to
35123512 and reported from a committee of the house and to lay the senate
35133513 bill before the house, to be considered in lieu of the house bill.
35143514 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
35153515 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
35163516 the chair of the Committee on Resolutions Calendars shall move to
35173517 designate periods for the consideration of congratulatory and
35183518 memorial calendars. Each such motion shall require a two-thirds
35193519 vote for its adoption. In each instance, the Committee on
35203520 Resolutions Calendars shall prepare and post on the electronic
35213521 legislative information system a calendar at least 24 hours in
35223522 advance of the hour set for consideration. No memorial or
35233523 congratulatory resolution will be heard by the full house without
35243524 having first been approved, at least 24 hours in advance, by a
35253525 majority of the membership of the Committee on Resolutions
35263526 Calendars, in accordance with Rule 4, Section 16. It shall not be
35273527 necessary for the Committee on Resolutions Calendars to report a
35283528 memorial or congratulatory resolution from committee in order to
35293529 place the resolution on a congratulatory and memorial calendar. If
35303530 the Committee on Resolutions Calendars determines that a resolution
35313531 is not eligible for placement on the congratulatory and memorial
35323532 calendar the measure shall be sent to the Committee on Calendars for
35333533 further action. A congratulatory and memorial calendar will
35343534 contain the resolution number, the author's name, and a brief
35353535 description of the intent of the resolution. On the congratulatory
35363536 and memorial calendar, congratulatory resolutions may be listed
35373537 separately from memorial resolutions. Once a calendar is posted,
35383538 no additional resolutions will be added to it, and the requirements
35393539 of this section shall not be subject to suspension.
35403540 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
35413541 MEMORIAL CALENDARS. During the consideration of a congratulatory
35423542 and memorial calendar, resolutions shall not be read in full unless
35433543 they pertain to members or former members of the legislature, or
35443544 unless the intended recipient of the resolution is present on the
35453545 house floor or in the gallery. All other such resolutions shall be
35463546 read only by number, type of resolution, and name of the person or
35473547 persons designated in the resolutions. Members shall notify the
35483548 chair, in advance of consideration of the calendar, of any
35493549 resolutions that will be required to be read in full. In addition,
35503550 the following procedures shall be observed:
35513551 (1) The chair shall recognize the reading clerk to
35523552 read the resolutions within each category on the calendar only by
35533553 number, type of resolution, author or sponsor, and name of the
35543554 person or persons designated in the resolutions, except for those
35553555 resolutions that have been withdrawn or that are required to be read
35563556 in full. The resolutions read by the clerk shall then be adopted in
35573557 one motion for each category.
35583558 (2) Subsequent to the adoption of the resolutions read
35593559 by the clerk, the chair shall proceed to lay before the house the
35603560 resolutions on the calendar that are required to be read in full.
35613561 Each such resolution shall be read and adopted individually.
35623562 (3) If it develops that any resolution on the
35633563 congratulatory and memorial calendar does not belong on that
35643564 calendar, the chair shall withdraw the resolution from further
35653565 consideration, remove it from the calendar, and refer it to the
35663566 appropriate calendars committee for placement on the proper
35673567 calendar.
35683568 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
35693569 RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
35703570 warrant, the chair of the Committee on Local and Consent Calendars
35713571 shall move to designate periods for the consideration of local,
35723572 consent, and resolutions calendars. Each such motion shall require
35733573 a two-thirds vote for its adoption. In each instance, the Committee
35743574 on Local and Consent Calendars shall prepare and post on the
35753575 electronic legislative information system a calendar at least 48
35763576 hours in advance of the hour set for consideration. Once a calendar
35773577 is posted, no additional bills or resolutions will be added to it.
35783578 This requirement can be suspended only by unanimous consent. No
35793579 local, consent, and resolutions calendar may be considered by the
35803580 house if it is determined that the rules of the house were not
35813581 complied with by the Committee on Local and Consent Calendars in
35823582 preparing that calendar.
35833583 (b) The period designated for the consideration of a local,
35843584 consent, and resolutions calendar under this section or under a
35853585 special order under Section 2 of this rule may not exceed one
35863586 calendar day.
35873587 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
35883588 RESOLUTIONS CALENDARS. During the consideration of a local,
35893589 consent, and resolutions calendar set by the Committee on Local and
35903590 Consent Calendars the following procedures shall be observed:
35913591 (1) The chair shall allow the sponsor of each bill or
35923592 resolution three minutes to explain the measure, and the time shall
35933593 not be extended except by unanimous consent of the house. This rule
35943594 shall have precedence over all other rules limiting time for
35953595 debate.
35963596 (2) If it develops that any bill or resolution on a
35973597 local, consent, and resolutions calendar is to be contested on the
35983598 floor of the house under Subdivision (3) or (4) of this section, the
35993599 chair shall withdraw the bill or resolution from further
36003600 consideration and remove it from the calendar.
36013601 (3) Any bill or resolution on a local, consent, and
36023602 resolutions calendar shall be considered contested if notice is
36033603 given by five or more members present in the house under Rule 5,
36043604 Section 45, that they intend to oppose the bill or resolution,
36053605 either by a raising of hands or the delivery of written notice to
36063606 the chair.
36073607 (4) Any bill or resolution on a local, consent, and
36083608 resolutions calendar shall be considered contested if debate
36093609 exceeds 10 minutes, after the chair lays out the bill or resolution
36103610 following the sponsor's explanation under Subdivision (1) of this
36113611 section. The chair shall strictly enforce this time limit and
36123612 automatically withdraw the bill from further consideration if the
36133613 time limit herein imposed is exceeded.
36143614 (5) Any bill or resolution on a local, consent, and
36153615 resolutions calendar that is not reached for floor consideration
36163616 because of the expiration of the calendar day period for
36173617 consideration established by Section 13 of this rule shall carry
36183618 over onto the next local, consent, and resolutions calendar. Bills
36193619 or resolutions that carry over must appear in the same relative
36203620 order as on the calendar on which the bills or resolutions initially
36213621 appeared, and bills or resolutions originally from older calendars
36223622 must appear before those originally from more recent calendars.
36233623 (6) A motion to postpone a bill or resolution on a
36243624 local, consent, and resolutions calendar to a subsequent
36253625 legislative or calendar day requires an affirmative vote of
36263626 two-thirds of the members present.
36273627 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
36283628 local, consent, and resolutions calendars and congratulatory and
36293629 memorial calendars, consideration of calendars shall be in the
36303630 order named in Section 7 of this rule, subject to any exceptions
36313631 ordered by the Committee on Calendars. Bills and resolutions on
36323632 third reading shall have precedence over bills and resolutions on
36333633 second reading.
36343634 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
36353635 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
36363636 prepared daily when the house is in session. A calendar must be
36373637 posted on the electronic legislative information system at least 36
36383638 hours if convened in regular session and 24 hours if convened in
36393639 special session before the calendar may be considered by the house,
36403640 except as otherwise provided by these rules for the calendar on
36413641 which the general appropriations bill is first eligible for
36423642 consideration on second reading when convened in regular session.
36433643 A calendar that contains a bill extending an agency, commission, or
36443644 advisory committee under the Texas Sunset Act must be posted at
36453645 least 48 hours if convened in regular or special session before the
36463646 calendar may be considered by the house. Deviations from the
36473647 calendars as posted shall not be permitted except that the
36483648 Committee on Calendars shall be authorized to prepare and post, not
36493649 later than two hours before the house convenes, a supplemental
36503650 daily house calendar, on which shall appear:
36513651 (1) bills or resolutions which were passed to third
36523652 reading on the previous legislative day, except as provided by
36533653 Section 24(b) of this rule;
36543654 (2) bills or resolutions which appeared on the Daily
36553655 House Calendar for a previous calendar day which were not reached
36563656 for floor consideration;
36573657 (3) postponed business from a previous calendar day;
36583658 and
36593659 (4) notice to take from the table a bill or resolution
36603660 which was laid on the table subject to call on a previous
36613661 legislative day.
36623662 In addition to the items listed above, the bills and
36633663 resolutions from a daily house calendar that will be eligible for
36643664 consideration may be incorporated, in their proper order as
36653665 determined by these rules, into the supplemental daily house
36663666 calendar.
36673667 (a-1) If the house is convened in regular session, the
36683668 calendar on which the general appropriations bill is first eligible
36693669 for consideration on second reading must be posted on the
36703670 electronic legislative information system at least 144 hours before
36713671 the calendar may be considered by the house. The posted calendar
36723672 must indicate the date and time at which the calendar is scheduled
36733673 for consideration by the house, which date and time must be in
36743674 accordance with Rule 8, Section 14.
36753675 (b) In addition, when the volume of legislation shall
36763676 warrant, and upon request of the speaker, the chief clerk shall have
36773677 prepared a list of Items Eligible for Consideration, on which shall
36783678 appear only:
36793679 (1) house bills with senate amendments that are
36803680 eligible for consideration under Rule 13, Section 5, including the
36813681 number of senate amendments and the total number of pages of senate
36823682 amendments;
36833683 (2) senate bills for which the senate has requested
36843684 appointment of a conference committee; and
36853685 (3) conference committee reports that are eligible for
36863686 consideration under Rule 13, Section 10.
36873687 (c) The list of Items Eligible for Consideration must be
36883688 posted on the electronic legislative information system at least
36893689 six hours before the list may be considered by the house.
36903690 (d) The time at which a calendar or list is posted on the
36913691 electronic legislative information system shall be time-stamped on
36923692 the originals of the calendar or list.
36933693 (e) No house calendar shall be eligible for consideration if
36943694 it is determined that the rules of the house were not complied with
36953695 by the Committee on Calendars in preparing that calendar.
36963696 (f) If the Committee on Calendars has proposed a rule for
36973697 floor consideration of a bill or resolution that is eligible to be
36983698 placed on a calendar of the daily house calendar, the rule must be
36993699 printed and a copy distributed to each member. If the bill or
37003700 resolution to which the rule will apply has already been placed on a
37013701 calendar of the daily house calendar, a copy of the rule must also
37023702 be posted with the calendar on which the bill or resolution appears.
37033703 The speaker shall lay a proposed rule before the house prior to the
37043704 consideration of the bill or resolution to which the rule will
37053705 apply. The rule shall be laid before the house not earlier than six
37063706 hours after a copy of the rule has been distributed to each member
37073707 in accordance with this subsection. The rule shall not be subject
37083708 to amendment, but to be effective, the rule must be approved by the
37093709 house by an affirmative vote of two-thirds of those members present
37103710 and voting, except that the rule must be approved by an affirmative
37113711 vote of a majority of those members present and voting if the rule
37123712 applies to a tax bill, an appropriations bill, or a redistricting
37133713 bill. If approved by the house in accordance with this subsection,
37143714 the rule will be effective for the consideration of the bill or
37153715 resolution on both second and third readings.
37163716 Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
37173717 the calendar under Subsection (b) of this section, once a bill or
37183718 resolution is placed on its appropriate calendar under these rules,
37193719 and has appeared on a house calendar, as posted on the electronic
37203720 legislative information system, the bill shall retain its relative
37213721 position on the calendar until reached for floor consideration, and
37223722 the calendars committee with jurisdiction over the bill or
37233723 resolution shall have no authority to place other bills on the
37243724 calendar ahead of that bill, but all additions to the calendar shall
37253725 appear subsequent to the bill.
37263726 (b) If a bill or resolution that has been placed on a house
37273727 calendar, as posted on the electronic legislative information
37283728 system, is recommitted or withdrawn from further consideration, the
37293729 bill or resolution relinquishes its position on the calendar, and
37303730 the bill or resolution shall be removed from the calendar.
37313731 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
37323732 as provided in Section 11 of this rule as it relates to
37333733 congratulatory and memorial resolutions, no bill or resolution
37343734 shall be placed on a calendar until:
37353735 (1) it has been referred to and reported from its
37363736 appropriate standing committee by favorable committee action; or
37373737 (2) it is ordered printed on minority report or after a
37383738 committee has reported its inability to recommend a course of
37393739 action.
37403740 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
37413741 resolutions, on being reported from committee, shall be referred
37423742 immediately to the committee coordinator for printing and then to
37433743 the appropriate calendars committee for placement on the
37443744 appropriate calendar.
37453745 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
37463746 30 calendar days after a bill or resolution has been referred to the
37473747 appropriate calendars committee, the committee must vote on whether
37483748 to place the bill or resolution on one of the calendars of the daily
37493749 house calendar or the local, consent, and resolutions calendar, as
37503750 applicable. A vote against placement of the bill or resolution on a
37513751 calendar does not preclude a calendars committee from later voting
37523752 in favor of placement of the bill or resolution on a calendar.
37533753 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
37543754 resolution has been in the appropriate calendars committee for 30
37553755 calendar days, exclusive of the calendar day on which it was
37563756 referred, awaiting placement on one of the calendars of the daily
37573757 house calendar or on the local, consent, and resolutions calendar,
37583758 it shall be in order for a member to move that the bill or resolution
37593759 be placed on a specific calendar of the daily house calendar or on
37603760 the local, consent, and resolutions calendar without action by the
37613761 committee. This motion must be seconded by five members and shall
37623762 require a majority vote for adoption.
37633763 (b) A motion to place a bill or resolution on a specific
37643764 calendar of the daily house calendar or on the local, consent, and
37653765 resolutions calendar is not a privileged motion and must be made
37663766 during the routine motion period unless made under a suspension of
37673767 the rules.
37683768 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
37693769 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
37703770 for placement on the local, consent, and resolutions calendar by
37713771 the Committee on Local and Consent Calendars unless a request for
37723772 that placement has been made to the chair of the standing committee
37733773 from which the bill or resolution was reported and unless the
37743774 committee report of the standing committee recommends that the bill
37753775 or resolution be sent to the Committee on Local and Consent
37763776 Calendars for placement on the local, consent, and resolutions
37773777 calendar. The recommendation of the standing committee shall be
37783778 advisory only, and the Committee on Local and Consent Calendars
37793779 shall have final authority to determine whether or not a bill or
37803780 resolution shall be placed on the local, consent, and resolutions
37813781 calendar. If the Committee on Local and Consent Calendars
37823782 determines that the bill or resolution is not eligible for
37833783 placement on the local, consent, and resolutions calendar, the
37843784 measure shall be sent to the Committee on Calendars for further
37853785 action.
37863786 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
37873787 CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
37883788 bill by Rule 8, Section 10(c), shall be placed on the local,
37893789 consent, and resolutions calendar unless:
37903790 (1) evidence of publication of notice in compliance
37913791 with the Texas Constitution and these rules is filed with the
37923792 Committee on Local and Consent Calendars; and
37933793 (2) it has been recommended unanimously by the present
37943794 and voting members of the committee from which it was reported that
37953795 the bill be sent to the Committee on Local and Consent Calendars for
37963796 placement on the local, consent, and resolutions calendar.
37973797 (b) No other bill or resolution shall be placed on the
37983798 local, consent, and resolutions calendar unless it has been
37993799 recommended unanimously by the present and voting members of the
38003800 committee from which it was reported that the bill be sent to the
38013801 Committee on Local and Consent Calendars for placement on the
38023802 local, consent, and resolutions calendar.
38033803 (c) No bill or resolution shall be placed on the local,
38043804 consent, and resolutions calendar that:
38053805 (1) directly or indirectly prevents from being
38063806 available for purposes of funding state government generally any
38073807 money that under existing law would otherwise be available for that
38083808 purpose, including a bill that transfers or diverts money in the
38093809 state treasury from the general revenue fund to another fund; or
38103810 (2) authorizes or requires the expenditure or
38113811 diversion of state funds for any purpose, as determined by a fiscal
38123812 note attached to the bill.
38133813 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND
38143814 RESOLUTIONS. (a) A bill on second reading or a resolution once
38153815 removed from the local, consent, and resolutions calendar by being
38163816 contested on the floor of the house under Section 14(3) or (4) of
38173817 this rule shall be returned to the Committee on Local and Consent
38183818 Calendars for further action. The Committee on Local and Consent
38193819 Calendars, if it feels such action is warranted, may again place the
38203820 bill or resolution on the local, consent, and resolutions calendar,
38213821 provided, however, that if the bill or resolution is not placed on
38223822 the next local, consent, and resolutions calendar set by the
38233823 Committee on Local and Consent Calendars, the bill or resolution
38243824 shall immediately be referred to the Committee on Calendars for
38253825 further action. If a bill on second reading or a resolution is then
38263826 removed from the calendar a second time by being contested on the
38273827 floor of the house under Section 14(3) or (4) of this rule, the bill
38283828 or resolution shall not again be placed on the local, consent, and
38293829 resolutions calendar by the Committee on Local and Consent
38303830 Calendars during that session of the legislature but shall be
38313831 returned to the Committee on Calendars for further action.
38323832 (b) A bill on third reading removed from the local, consent,
38333833 and resolutions calendar under Section 14(3) or (4) of this rule
38343834 shall appear on the supplemental daily house calendar for the next
38353835 legislative day for which a supplemental daily house calendar has
38363836 not already been distributed, pursuant to Section 16(a)(1) of this
38373837 rule.
38383838 (c) This section does not apply to a bill or resolution on
38393839 the local, consent, and resolutions calendar that is withdrawn from
38403840 the calendar at the request of the author or sponsor without being
38413841 contested under Section 14(3) or (4) of this rule. A bill or
38423842 resolution withdrawn under this subsection shall be returned to the
38433843 Committee on Local and Consent Calendars for further action. The
38443844 Committee on Local and Consent Calendars, if it feels such action is
38453845 warranted, may again place the bill or resolution on the local,
38463846 consent, and resolutions calendar or refer the bill or resolution
38473847 to the Committee on Calendars for further action.
38483848 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
38493849 the limitations contained in this rule, the Committee on Calendars
38503850 shall have full authority to make placements on calendars in
38513851 whatever order is necessary and desirable under the circumstances
38523852 then existing, except that bills on third reading shall have
38533853 precedence over bills on second reading. It is the intent of the
38543854 calendar system to give the Committee on Calendars wide discretion
38553855 to insure adequate consideration by the house of important
38563856 legislation.
38573857 RULE 7. MOTIONS
38583858 CHAPTER A. GENERAL MOTIONS
38593859 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
38603860 motions, in addition to any elsewhere provided herein, shall be
38613861 decided without debate, except as otherwise provided in these
38623862 rules:
38633863 (1) to adjourn;
38643864 (2) to lay on the table;
38653865 (3) to lay on the table subject to call;
38663866 (4) to suspend the rule as to the time for introduction
38673867 of bills;
38683868 (5) to order a call of the house, and all motions
38693869 incidental thereto;
38703870 (6) an appeal by a member called to order;
38713871 (7) on questions relating to priority of business;
38723872 (8) to amend the caption of a bill or resolution;
38733873 (9) to extend the time of a member speaking under the
38743874 previous question or to allow a member who has the right to speak
38753875 after the previous question is ordered to yield the time, or a part
38763876 of it, to another;
38773877 (10) to reconsider and table.
38783878 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
38793879 the mover and one opponent of the motion three minutes each during
38803880 which to debate the following motions without debating the merits
38813881 of the bill, resolution, or other matter, and the mover of the
38823882 motion may elect to either open the debate or close the debate, but
38833883 the mover's time may not be divided:
38843884 (1) to suspend the regular order of business and take
38853885 up some measure out of its regular order;
38863886 (2) to instruct a committee to report a certain bill or
38873887 resolution;
38883888 (3) to rerefer a bill or resolution from one committee
38893889 to another;
38903890 (4) to place a bill or resolution on a specific
38913891 calendar without action by the appropriate calendars committee;
38923892 (5) to take up a bill or resolution laid on the table
38933893 subject to call;
38943894 (6) to set a special order;
38953895 (7) to suspend the rules;
38963896 (8) to suspend the constitutional rule requiring bills
38973897 to be read on three several days;
38983898 (9) to pass a resolution suspending the joint rules;
38993899 (10) to order the previous question;
39003900 (11) to order the limiting of amendments to a bill or
39013901 resolution;
39023902 (12) to print documents, reports, or other material in
39033903 the journal;
39043904 (13) to take any other action required or permitted
39053905 during the routine motion period by Rule 6, Section 1;
39063906 (14) to divide the question.
39073907 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
39083908 under debate, the following motions, and none other, shall be in
39093909 order, and such motions shall have precedence in the following
39103910 order:
39113911 (1) to adjourn;
39123912 (2) to take recess;
39133913 (3) to lay on the table;
39143914 (4) to lay on the table subject to call;
39153915 (5) for the previous question;
39163916 (6) to postpone to a day certain;
39173917 (7) to commit, recommit, refer, or rerefer;
39183918 (8) to amend by striking out the enacting or resolving
39193919 clause, which, if carried, shall have the effect of defeating the
39203920 bill or resolution;
39213921 (9) to amend;
39223922 (10) to postpone indefinitely.
39233923 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
39243924 been made, the speaker shall state it, or if it is in writing, order
39253925 it read by the clerk; and it shall then be in possession of the
39263926 house.
39273927 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
39283928 the house and entertained by the speaker shall be reduced to writing
39293929 on the demand of any member, and shall be entered on the journal
39303930 with the name of the member making it.
39313931 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
39323932 by the mover at any time before a decision on the motion, even
39333933 though an amendment may have been offered and is pending. It cannot
39343934 be withdrawn, however, if the motion has been amended. After the
39353935 previous question has been ordered, a motion can be withdrawn only
39363936 by unanimous consent.
39373937 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
39383938 or recess shall always be in order, except:
39393939 (1) when the house is voting on another motion;
39403940 (2) when the previous question has been ordered and
39413941 before the final vote on the main question, unless a roll call shows
39423942 the absence of a quorum;
39433943 (3) when a member entitled to the floor has not yielded
39443944 for that purpose; or
39453945 (4) when no business has been transacted since a
39463946 motion to adjourn or recess has been defeated.
39473947 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
39483948 RECESS. When several motions to recess or adjourn are made at the
39493949 same period, the motion to adjourn carrying the shortest time shall
39503950 be put first, then the next shortest time, and in that order until a
39513951 motion to adjourn has been adopted or until all have been voted on
39523952 and lost; and then the same procedure shall be followed for motions
39533953 to recess.
39543954 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
39553955 RECESS. A motion to adjourn or recess may not be withdrawn when it
39563956 is one of a series upon which voting has commenced, nor may an
39573957 additional motion to adjourn or recess be made when voting has
39583958 commenced on a series of such motions.
39593959 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
39603960 vote by which a motion to adjourn or recess is carried or lost shall
39613961 not be subject to a motion to reconsider.
39623962 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
39633963 number of members than a quorum may adjourn from day to day, and may
39643964 compel the attendance of absent members.
39653965 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
39663966 carried, shall have the effect of killing the bill, resolution,
39673967 amendment, or other immediate proposition to which it was applied.
39683968 Such a motion shall not be debatable, but the mover of the
39693969 proposition to be tabled, or the member reporting it from
39703970 committee, shall be allowed to close the debate after the motion to
39713971 table is made and before it is put to a vote. When a motion to table
39723972 is made to a debatable main motion, the main motion mover shall be
39733973 allowed 20 minutes to close the debate, whereas the movers of other
39743974 debatable motions sought to be tabled shall be allowed only 10
39753975 minutes to close. The vote by which a motion to table is carried or
39763976 lost cannot be reconsidered. After the previous question has been
39773977 ordered, a motion to table is not in order. The provisions of this
39783978 section do not apply to motions to "lay on the table subject to
39793979 call"; however, a motion to lay on the table subject to call cannot
39803980 be made after the previous question has been ordered.
39813981 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
39823982 resolution, or other matter is pending before the house, it may be
39833983 laid on the table subject to call, and one legislative day's notice,
39843984 as provided on the Supplemental House Calendar, must be given
39853985 before the proposition can be taken from the table, unless it is on
39863986 the same legislative day, in which case it can be taken from the
39873987 table at any time except when there is another matter pending before
39883988 the house. A bill, resolution, or other matter can be taken from
39893989 the table only by a majority vote of the house. When a special order
39903990 is pending, a motion to take a proposition from the table cannot be
39913991 made unless the proposition is a privileged matter.
39923992 Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a
39933993 day certain may be amended and is debatable within narrow limits,
39943994 but the merits of the proposition sought to be postponed cannot be
39953995 debated. A motion to postpone indefinitely opens to debate the
39963996 entire proposition to which it applies.
39973997 (b) A motion to postpone a bill or resolution on a local,
39983998 consent, and resolutions calendar to a subsequent legislative or
39993999 calendar day requires an affirmative vote of two-thirds of the
40004000 members present.
40014001 Sec. 15. POSTPONED MATTERS. A bill or proposition
40024002 postponed to a day certain shall be laid before the house at the
40034003 time on the calendar day to which it was postponed, provided it is
40044004 otherwise eligible under the rules and no other business is then
40054005 pending. If business is pending, the postponed matter shall be
40064006 deferred until the pending business is disposed of without
40074007 prejudice otherwise to its right of priority. When a privileged
40084008 matter is postponed to a particular time, and that time arrives, the
40094009 matter, still retaining its privileged nature, shall be taken up
40104010 even though another matter is pending.
40114011 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
40124012 two or more bills, resolutions, or other propositions are postponed
40134013 to the same time, and are otherwise eligible for consideration at
40144014 that time, they shall be considered in the chronological order of
40154015 their setting.
40164016 Sec. 17. MOTION TO REFER. When motions are made to refer a
40174017 subject to a select or standing committee, the question on the
40184018 subject's referral to a standing committee shall be put first.
40194019 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
40204020 after being defeated at the routine motion period, may again be made
40214021 when the bill itself is under consideration; however, a motion to
40224022 recommit a bill shall not be in order at the routine motion period
40234023 if the bill is then before the house as either pending business or
40244024 unfinished business.
40254025 A motion to recommit a bill or resolution can be made and
40264026 voted on even though the author, sponsor, or principal proponent is
40274027 not present.
40284028 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
40294029 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
40304030 recommit is debatable within narrow limits, but the merits of the
40314031 proposition may not be brought into the debate. A motion to refer,
40324032 rerefer, commit, or recommit with instructions is fully debatable.
40334033 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
40344034 Except as provided in Rule 4, Section 30, when a bill has been
40354035 recommitted once at any reading and has been reported adversely by
40364036 the committee to which it was referred, it shall be in order to
40374037 again recommit the bill only if a minority report has been filed in
40384038 the time required by the rules of the house. A two-thirds vote of
40394039 those present shall be required to recommit a second time.
40404040 CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
40414041 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
40424042 motion for the previous question, which shall be admitted only when
40434043 seconded by 25 members. It shall be put by the chair in this manner:
40444044 "The motion has been seconded. Three minutes pro and con debate
40454045 will be allowed on the motion for ordering the previous question."
40464046 As soon as the debate has ended, the chair shall continue: "As many
40474047 as are in favor of ordering the previous question on (here state on
40484048 which question or questions) will say 'Aye,'" and then, "As many as
40494049 are opposed say 'Nay.'" As in all other propositions, a motion for
40504050 the previous question may be taken by a record vote if demanded by
40514051 any member. If ordered by a majority of the members voting, a
40524052 quorum being present, it shall have the effect of cutting off all
40534053 debate, except as provided in Section 23 of this rule, and bringing
40544054 the house to a direct vote on the immediate question or questions on
40554055 which it has been asked and ordered.
40564056 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
40574057 motion for the previous question, there shall be no debate except as
40584058 provided in Sections 2 and 21 of this rule. All incidental
40594059 questions of order made pending decision on such motion shall be
40604060 decided, whether on appeal or otherwise, without debate.
40614061 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
40624062 ORDERED. After the previous question has been ordered, there shall
40634063 be no debate upon the questions on which it has been ordered, or
40644064 upon the incidental questions, except that the mover of the
40654065 proposition or any of the pending amendments or any other motions,
40664066 or the member making the report from the committee, or, in the case
40674067 of the absence of either of them, any other member designated by
40684068 such absentee, shall have the right to close the debate on the
40694069 particular proposition or amendment. Then a vote shall be taken
40704070 immediately on the amendments or other motions, if any, and then on
40714071 the main question.
40724072 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
40734073 ORDERED. All members having the right to speak after the previous
40744074 question has been ordered shall speak before the question is put on
40754075 the first proposition covered by the previous question. All votes
40764076 shall then be taken in the correct order, and no vote or votes shall
40774077 be deferred to allow any member to close on any one of the
40784078 propositions separately after the voting has commenced.
40794079 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
40804080 amendment has been substituted and the previous question is then
40814081 moved on the adoption of the amendment as substituted, the author of
40824082 the amendment as substituted shall have the right to close the
40834083 debate on that amendment in lieu of the author of the original
40844084 amendment.
40854085 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
40864086 the previous question is ordered on a motion to postpone
40874087 indefinitely or to amend by striking out the enacting clause of a
40884088 bill, the member moving to postpone or amend shall have the right to
40894089 close the debate on that motion or amendment, after which the mover
40904090 of the proposition or bill proposed to be so postponed or amended,
40914091 or the member reporting it from the committee, or, in the absence of
40924092 either of them, any other member designated by the absentee, shall
40934093 be allowed to close the debate on the original proposition.
40944094 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
40954095 previous question may be asked and ordered on any debatable single
40964096 motion or series of motions, or any amendment or amendments
40974097 pending, or it may be made to embrace all authorized debatable
40984098 motions or amendments pending and include the bill, resolution, or
40994099 proposition that is on second or third reading. The previous
41004100 question cannot be ordered, however, on the main proposition
41014101 without including other pending motions of lower rank as given in
41024102 Section 3 of this rule.
41034103 Sec. 28. LIMIT OF APPLICATION. The previous question shall
41044104 not extend beyond the final vote on a motion or sequence of motions
41054105 to which the previous question has been ordered.
41064106 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
41074107 Amendments on the speaker's desk for consideration which have not
41084108 actually been laid before the house and read cannot be included
41094109 under a motion for the previous question.
41104110 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
41114111 TABLE. If a motion to table is made directly to a main motion, the
41124112 motion for the previous question is not in order. In a case where an
41134113 amendment to a main motion is pending, and a motion to table the
41144114 amendment is made, it is in order to move the previous question on
41154115 the main motion, the pending amendment, and the motion to table the
41164116 amendment.
41174117 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
41184118 QUESTION. There is no acceptable substitute for a motion for the
41194119 previous question, nor can other motions be applied to it.
41204120 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
41214121 TABLING. The motion for the previous question is not subject to a
41224122 motion to table.
41234123 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
41244124 QUESTION ACCEPTED. The motion to adjourn is not in order after a
41254125 motion for the previous question is accepted by the chair, or after
41264126 the seconding of such motion and before a vote is taken.
41274127 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
41284128 After the previous question has been ordered, no motion shall be in
41294129 order until the question or questions on which it was ordered have
41304130 been voted on, without debate, except:
41314131 (1) a motion for a call of the house, and motions
41324132 incidental thereto;
41334133 (2) a motion to extend the time of a member closing on
41344134 a proposition;
41354135 (3) a motion to permit a member who has the right to
41364136 speak to yield the time or a part thereof to another member;
41374137 (4) a request for and a verification of a vote;
41384138 (5) a motion to reconsider the vote by which the
41394139 previous question was ordered. A motion to reconsider may be made
41404140 only once and that must be before any vote under the previous
41414141 question has been taken;
41424142 (6) a motion to table a motion to reconsider the vote
41434143 by which the previous question has been ordered;
41444144 (7) a double motion to reconsider and table the vote by
41454145 which the previous question was ordered.
41464146 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
41474147 QUESTION ORDERED. No motion for an adjournment or a recess shall be
41484148 in order after the previous question is ordered until the final vote
41494149 under the previous question has been taken, unless the roll call
41504150 shows the absence of a quorum.
41514151 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
41524152 adjourns without a quorum under the previous question, the previous
41534153 question shall remain in force and effect when the bill,
41544154 resolution, or other proposition is again laid before the house.
41554155 CHAPTER C. RECONSIDERATION
41564156 Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
41574157 has been decided by the house and the yeas and nays have been called
41584158 for and recorded, any member voting with the prevailing side may, on
41594159 the same legislative day, or on the next legislative day, move a
41604160 reconsideration; however, if a reconsideration is moved on the next
41614161 legislative day, it must be done before the order of the day, as
41624162 designated in the 10th item of Rule 6, Section 1(a), is taken up.
41634163 If the house refuses to reconsider, or on reconsideration, affirms
41644164 its decision, no further action to reconsider shall be in order.
41654165 (b) Where the yeas and nays have not been called for and
41664166 recorded, any member, regardless of whether he or she voted on the
41674167 prevailing side or not, may make the motion to reconsider; however,
41684168 even when the yeas and nays have not been recorded, the following
41694169 shall not be eligible to make a motion to reconsider:
41704170 (1) a member who was absent;
41714171 (2) a member who was paired and, therefore, did not
41724172 vote; and
41734173 (3) a member who was recorded in the journal as having
41744174 voted on the losing side.
41754175 (c) Except as otherwise provided by this subsection, a
41764176 motion to reconsider the vote by which a bill, joint resolution, or
41774177 concurrent resolution was defeated is not in order unless a member
41784178 has previously provided at least one hour's notice of intent to make
41794179 the motion by addressing the house when the house is in session and
41804180 stating that a member intends to make a motion to reconsider the
41814181 vote by which the bill or resolution was defeated. It is not
41824182 necessary for the member providing the notice to be eligible to make
41834183 or to be the member who subsequently makes the motion to reconsider.
41844184 If notice of intent to make a motion to reconsider is given within
41854185 the period that the motion to reconsider may be made under
41864186 Subsection (a) of this section and that period expires during the
41874187 one-hour period required by this subsection, then the period within
41884188 which the motion may be made under Subsection (a) is extended by the
41894189 amount of time, not to exceed one hour during which the house is in
41904190 session, necessary to satisfy the one-hour notice required by this
41914191 subsection. This subsection does not apply to a motion to
41924192 reconsider and table or to a motion to reconsider and spread on the
41934193 journal, if no business has been transacted after the defeat of the
41944194 measure.
41954195 Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
41964196 reconsider shall be debatable only when the question to be
41974197 reconsidered is debatable. Even though the previous question was
41984198 in force before the vote on a debatable question was taken, debate
41994199 is permissible on the reconsideration of such debatable question.
42004200 Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
42014201 reconsider shall be decided by a majority vote, even though the vote
42024202 on the original question requires a two-thirds vote for affirmative
42034203 action. If the motion to reconsider prevails, the question then
42044204 immediately recurs on the question reconsidered.
42054205 Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
42064206 reconsider cannot be withdrawn unless permission is given by a
42074207 majority vote of the house, and the motion may be called up by any
42084208 member.
42094209 Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
42104210 reconsider shall be subject to a motion to table, which, if carried,
42114211 shall be a final disposition of the motion to reconsider.
42124212 Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
42134213 motion to reconsider and table shall be in order. It shall be
42144214 undebatable. When carried, the motion to reconsider shall be
42154215 tabled. When it fails, the question shall then be on the motion to
42164216 reconsider, and the motion to reconsider shall, without further
42174217 action, be spread on the journal, but it may be called up by any
42184218 member, in accordance with the provisions of Section 43 of this
42194219 rule.
42204220 Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
42214221 If a motion to reconsider is not disposed of when made, it shall be
42224222 entered in the journal, and cannot, after that legislative day, be
42234223 called up and disposed of unless one legislative day's notice has
42244224 been given.
42254225 (b) Unless called up and disposed of prior to 72 hours
42264226 before final adjournment of the session, all motions to reconsider
42274227 shall be regarded as determined and lost.
42284228 (c) All motions to reconsider made during the last 72 hours
42294229 of the session shall be disposed of when made; otherwise, the motion
42304230 shall be considered as lost.
42314231 Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
42324232 member voting on the prevailing side may make a motion to reconsider
42334233 and spread on the journal, which does not require a vote, and on the
42344234 motion being made, it shall be entered on the journal. Any member,
42354235 regardless of whether he or she voted on the prevailing side or not,
42364236 who desires immediate action on a motion to reconsider which has
42374237 been spread on the journal, can call it up as soon as it is made, and
42384238 demand a vote on it, or can call it up and move to table it.
42394239 (b) If the motion to table the motion to reconsider is
42404240 defeated, the motion to reconsider remains spread on the journal
42414241 for future action; however, any member, regardless of whether he or
42424242 she voted on the prevailing side or not, can call the motion from
42434243 the journal for action by the house, and, once disposed of, no other
42444244 motion to reconsider can be made.
42454245 Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
42464246 the first 76 calendar days of a regular session, when any bill,
42474247 resolution, or other paper has been in committee for 6 calendar
42484248 days, exclusive of the calendar day on which it was referred, it
42494249 shall be in order for a member to move that the committee be
42504250 required to report the same within 7 calendar days. This motion
42514251 shall require a two-thirds vote for passage.
42524252 (b) After the first 76 calendar days of a regular session,
42534253 when any bill, resolution, or other paper has been in committee for
42544254 6 calendar days, exclusive of the calendar day on which it was
42554255 referred, it shall be in order for a member to move that the
42564256 committee be required to report the same within 7 calendar days.
42574257 This motion shall require a majority vote for passage.
42584258 (c) A motion to instruct a committee to report is not a
42594259 privileged motion and must be made during the routine motion period
42604260 unless made under a suspension of the rules.
42614261 (d) The house shall have no authority to instruct a
42624262 subcommittee directly; however, instructions recognized under the
42634263 rules may be given to a committee and shall be binding on all
42644264 subcommittees.
42654265 Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
42664266 During the first 76 calendar days of a regular session, when any
42674267 bill, resolution, or other paper has been in committee for 7
42684268 calendar days after the committee was instructed by the house to
42694269 report that measure by a motion made under Section 45 of this rule,
42704270 it shall be in order for a member to move to rerefer the bill,
42714271 resolution, or other paper to a different committee. This motion
42724272 shall require a two-thirds vote for passage.
42734273 (b) After the first 76 calendar days of a regular session,
42744274 when any bill, resolution, or other paper has been in committee for
42754275 7 calendar days after the committee has been instructed to report
42764276 that measure by a motion made under Section 45 of this rule, it
42774277 shall be in order for a member to move to rerefer the bill,
42784278 resolution, or other paper to a different committee. This motion
42794279 shall require a majority vote for passage.
42804280 (c) A motion to rerefer a bill, resolution, or other paper
42814281 from one committee to another committee is not a privileged motion
42824282 and must be made during the routine motion period unless made under
42834283 a suspension of the rules.
42844284 RULE 8. BILLS
42854285 Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
42864286 laws must be incorporated in bills, which shall consist of:
42874287 (1) a title or caption, beginning with the words "A
42884288 Bill to be Entitled An Act" and a brief statement that gives the
42894289 legislature and the public reasonable notice of the subject of the
42904290 proposed measure;
42914291 (2) an enacting clause, "Be It Enacted by the
42924292 Legislature of the State of Texas"; and
42934293 (3) the bill proper.
42944294 (b) A house bill that would impose, authorize, increase, or
42954295 change the rate or amount of a tax, assessment, surcharge, or fee
42964296 must include a short statement at the end of its title or caption
42974297 indicating the general effect of the bill on the tax, assessment,
42984298 surcharge, or fee, such as "imposing a tax (or assessment),"
42994299 "authorizing a surcharge (or fee)," or "increasing the rate (or
43004300 amount) of a tax."
43014301 (c) A house bill that would create a criminal offense,
43024302 increase the punishment for an existing criminal offense or
43034303 category of offenses, or change the eligibility of a person for
43044304 community supervision, parole, or mandatory supervision must
43054305 include a short statement at the end of its title or caption
43064306 indicating the general effect of the bill on the offense,
43074307 punishment, or eligibility, such as "creating a criminal offense,"
43084308 "increasing a criminal penalty," or "changing the eligibility for
43094309 community supervision (or parole or mandatory supervision)."
43104310 (d) A house bill that would create a requirement that an
43114311 individual or entity obtain a license, certificate, registration,
43124312 permit, or other authorization before engaging in a particular
43134313 occupation or profession or that would expand an existing
43144314 requirement to additional individuals or entities must include a
43154315 short statement at the end of its title or caption indicating the
43164316 general effect of the bill on the occupation or profession, such as
43174317 "requiring an occupational license" or "expanding the
43184318 applicability of an occupational license (or permit or
43194319 certificate)."
43204320 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
43214321 revived or amended by reference to its title. The act revived, or
43224322 the section or sections amended, shall be reenacted and published
43234323 at length. This rule does not apply to revisions adopted under
43244324 Article III, Section 43, of the Texas Constitution.
43254325 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
43264326 (except a general appropriations bill, which may embrace the
43274327 various subjects and accounts for which money is appropriated or a
43284328 revision adopted under Article III, Section 43, of the Texas
43294329 Constitution) shall contain only one subject.
43304330 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
43314331 BILL. A general law may not be changed by the provisions in an
43324332 appropriations bill.
43334333 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
43344334 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
43354335 resolution may have only one primary author. The signature of the
43364336 primary author shall be the only signature that appears on the
43374337 measure filed with the chief clerk. The signatures of all coauthors
43384338 or joint authors shall appear on the appropriate forms in the chief
43394339 clerk's office.
43404340 (b) Any member may become the coauthor of a bill or
43414341 resolution by securing permission from the author. If permission
43424342 is secured from the author prior to the time the measure is filed
43434343 with the chief clerk, the primary author and the coauthor shall sign
43444344 the appropriate form, which shall be included with the measure when
43454345 it is filed with the chief clerk. If a member wishes to become the
43464346 coauthor of a measure after it has been filed, no action shall be
43474347 required by the house, but it shall be the duty of the member
43484348 seeking to be a coauthor to obtain written authorization on the
43494349 appropriate form from the author. This authorization shall be
43504350 filed with the chief clerk before the coauthor signs the form for
43514351 the bill or resolution. The chief clerk shall report daily to the
43524352 journal clerk the names of members filed as coauthors of bills or
43534353 resolutions. If a coauthor of a bill or resolution desires to
43544354 withdraw from such status, the member shall notify the chief clerk,
43554355 who in turn shall notify the journal clerk.
43564356 (c) The primary author of a measure may designate up to four
43574357 joint authors by providing written authorization on the appropriate
43584358 form to the chief clerk. If a member designated as a joint author
43594359 has not already signed on the measure as a coauthor, that member
43604360 must also sign the form before the records will reflect the joint
43614361 author status of that member. The names of all joint authors shall
43624362 be shown immediately following the primary author's name on all
43634363 official printings of the measure, on all house calendars, in the
43644364 house journal, and in the electronic legislative information
43654365 system.
43664366 (d) The determination of the house sponsor of a senate
43674367 measure is made at the time the measure is reported from committee.
43684368 In the case of multiple requests for house sponsorship, the house
43694369 sponsor of a senate measure shall be determined by the chair of the
43704370 committee, in consultation with the senate author of the measure.
43714371 The chair of the committee must designate a primary sponsor and may
43724372 designate up to four joint sponsors or an unlimited number of
43734373 cosponsors. The names of all joint sponsors shall be shown
43744374 immediately following the primary sponsor's name on all official
43754375 printings of the measure, on all house calendars, in the house
43764376 journal, and in the electronic legislative information system.
43774377 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
43784378 Each bill shall be filed with the chief clerk when introduced and
43794379 shall be numbered in its regular order. Each bill shall be read
43804380 first time by caption and referred by the speaker to the appropriate
43814381 committee with jurisdiction.
43824382 Sec. 7. PREFILING. Beginning the first Monday after the
43834383 general election preceding the next regular legislative session, or
43844384 within 30 days prior to any special session, it shall be in order to
43854385 file with the chief clerk bills and resolutions for introduction in
43864386 that session. On receipt of the bills or resolutions, the chief
43874387 clerk shall number them and make them a matter of public record,
43884388 available for distribution. Once a bill or resolution has been so
43894389 filed, it may not be recalled. This shall apply only to
43904390 members-elect of the succeeding legislative session.
43914391 Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
43924392 resolutions introduced during the first 60 calendar days of the
43934393 regular session may be considered by the committees and in the house
43944394 and disposed of at any time during the session, in accordance with
43954395 the rules of the house. After the first 60 calendar days of a
43964396 regular session, any bill or joint resolution, except local bills,
43974397 emergency appropriations, and all emergency matters submitted by
43984398 the governor in special messages to the legislature, shall require
43994399 an affirmative vote of four-fifths of those members present and
44004400 voting to be introduced.
44014401 (b) In addition to a bill defined as a "local bill" under
44024402 Section 10(c) of this rule, a bill is considered local for purposes
44034403 of this section if it relates to a specified district created under
44044404 Article XVI, Section 59, of the Texas Constitution (water
44054405 districts, etc.), a specified hospital district, or another
44064406 specified special purpose district, even if neither these rules nor
44074407 the Texas Constitution require publication of notice for that bill.
44084408 Sec. 9. FILING. (a) A bill must be filed with the chief
44094409 clerk in the manner and in an electronic or other format specified
44104410 by the chief clerk at the time that the bill is introduced.
44114411 (b) A bill relating to conservation and reclamation
44124412 districts and governed by the provisions of Article XVI, Section
44134413 59, of the Texas Constitution must be filed with copies of the
44144414 notice to introduce the bill attached if the bill is intended to:
44154415 (1) create a particular conservation and reclamation
44164416 district; or
44174417 (2) amend the act of a particular conservation and
44184418 reclamation district to:
44194419 (A) add additional land to the district;
44204420 (B) alter the taxing authority of the district;
44214421 (C) alter the authority of the district with
44224422 respect to issuing bonds; or
44234423 (D) alter the qualifications or terms of office
44244424 of the members of the governing body of the district.
44254425 Sec. 10. LOCAL BILLS. (a) The house may not consider a
44264426 local bill unless notice of intention to apply for the passage of
44274427 the bill was published as provided by law and evidence of the
44284428 publication is attached to the bill. If not attached to the bill on
44294429 filing with the chief clerk or receipt of the bill from the senate,
44304430 copies of the evidence of timely publication shall be filed with the
44314431 chief clerk and must be distributed to the members of the committee
44324432 not later than the first time the bill is laid out in a committee
44334433 meeting. The evidence shall be attached to the bill on first
44344434 printing and shall remain with the measure throughout the entire
44354435 legislative process, including submission to the governor.
44364436 (b) Neither the house nor a committee of the house may
44374437 consider a bill whose application is limited to one or more
44384438 political subdivisions by means of population brackets or other
44394439 artificial devices in lieu of identifying the political subdivision
44404440 or subdivisions by name. However, this subsection does not prevent
44414441 consideration of a bill that classifies political subdivisions
44424442 according to a minimum or maximum population or other criterion
44434443 that bears a reasonable relation to the purpose of the proposed
44444444 legislation or a bill that updates laws based on population
44454445 classifications to conform to a federal decennial census.
44464446 (c) Except as provided by Subsection (d) of this section,
44474447 "local bill" for purposes of this section means:
44484448 (1) a bill for which publication of notice is required
44494449 under Article XVI, Section 59, of the Texas Constitution (water
44504450 districts, etc.);
44514451 (2) a bill for which publication of notice is required
44524452 under Article IX, Section 9, of the Texas Constitution (hospital
44534453 districts);
44544454 (3) a bill relating to hunting, fishing, or
44554455 conservation of wildlife resources of a specified locality;
44564456 (4) a bill creating or affecting a county court or
44574457 statutory court or courts of one or more specified counties or
44584458 municipalities;
44594459 (5) a bill creating or affecting the juvenile board or
44604460 boards of a specified county or counties; or
44614461 (6) a bill creating or affecting a road utility
44624462 district under the authority of Article III, Section 52, of the
44634463 Texas Constitution.
44644464 (d) A bill is not considered to be a local bill under
44654465 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
44664466 localities, counties, or municipalities so as to be of general
44674467 application or of statewide importance.
44684468 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
44694469 considered unless it first has been referred to a committee and
44704470 reported from it.
44714471 (b) After a bill has been recommitted, it shall be
44724472 considered by the committee as a new subject.
44734473 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
44744474 before the house shall be taken up and acted on in the order in which
44754475 they appear on their respective calendars, and each calendar shall
44764476 have the priority accorded to it by the provisions of Rule 6,
44774477 Sections 7 and 8.
44784478 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
44794479 that is local as defined by Section 10(c) of this rule and that
44804480 appears on a local, consent, and resolutions calendar shall be
44814481 considered for any purpose after the 130th day of a regular session,
44824482 except to:
44834483 (1) act on senate amendments;
44844484 (2) adopt a conference committee report;
44854485 (3) reconsider the bill to make corrections; or
44864486 (4) pass the bill notwithstanding the objections of
44874487 the governor.
44884488 (b) No other house bill or joint resolution shall be
44894489 considered on its second reading after the 122nd day of a regular
44904490 session if it appears on a daily or supplemental daily house
44914491 calendar, or for any purpose after the 123rd day of a regular
44924492 session, except to:
44934493 (1) act on senate amendments;
44944494 (2) adopt a conference committee report;
44954495 (3) reconsider the bill or resolution to make
44964496 corrections; or
44974497 (4) pass the bill notwithstanding the objections of
44984498 the governor.
44994499 (c) No senate bill or joint resolution shall be considered
45004500 on its second reading after the 134th day of a regular session if it
45014501 appears on a daily or supplemental daily house calendar, or for any
45024502 purpose after the 135th day of a regular session, except to:
45034503 (1) adopt a conference committee report;
45044504 (2) reconsider the bill or resolution to remove house
45054505 amendments;
45064506 (3) reconsider the bill or resolution to make
45074507 corrections; or
45084508 (4) pass the bill notwithstanding the objections of
45094509 the governor.
45104510 (d) The speaker shall not lay any bill or joint resolution
45114511 before the house or permit a vote to be taken on its passage on the
45124512 136th and 137th days of a regular session, except to:
45134513 (1) act on senate amendments;
45144514 (2) adopt a conference committee report;
45154515 (3) reconsider the bill or resolution to remove house
45164516 amendments;
45174517 (4) reconsider the bill or resolution to make
45184518 corrections; or
45194519 (5) pass the bill notwithstanding the objections of
45204520 the governor.
45214521 (e) The speaker shall not lay any bill or joint resolution
45224522 before the house or permit a vote to be taken on its passage on the
45234523 138th and 139th days of a regular session, except to:
45244524 (1) adopt a conference committee report;
45254525 (2) reconsider the bill or resolution to remove house
45264526 amendments;
45274527 (3) discharge house conferees and concur in senate
45284528 amendments;
45294529 (4) reconsider the bill or resolution to make
45304530 corrections; or
45314531 (5) pass the bill notwithstanding the objections of
45324532 the governor.
45334533 (f) No vote shall be taken upon the passage of any bill or
45344534 resolution within 24 hours of the final adjournment of a regular
45354535 session unless it be to reconsider the bill or resolution to make
45364536 corrections, or to adopt a corrective resolution.
45374537 (g) The clock of record for the house, as determined under
45384538 Rule 2, Section 2, shall be used to determine compliance with
45394539 deadlines and other time requirements of the Texas Constitution and
45404540 these rules. A motion to suspend this rule must be decided by a
45414541 record vote.
45424542 Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
45434543 resolution, except the general appropriations bill, shall be
45444544 delivered to each member by making a copy of the bill or resolution
45454545 available in an electronic format for viewing by the member and,
45464546 when the electronic format copy of the appropriate printing becomes
45474547 available, by sending notice of that fact to a Capitol e-mail
45484548 address designated by the member, at least 36 hours if convened in
45494549 regular session and 24 hours if convened in special session before
45504550 the bill can be considered by the house on second reading. If a
45514551 member informs the chief clerk in writing that the member desires to
45524552 receive paper copies of bills and resolutions under this section in
45534553 addition to delivery in an electronic format, the chief clerk shall
45544554 place a paper copy of the bill or resolution in the newspaper box of
45554555 the member as soon as practicable after the electronic copies of the
45564556 bill or resolution are made available for viewing.
45574557 (a-1) A printed copy of the general appropriations bill
45584558 shall be placed in the newspaper mailbox of each member at least 168
45594559 hours during a regular session and at least 72 hours during a
45604560 special session before the bill can be considered by the house on
45614561 second reading.
45624562 (b) By majority vote, the house may order both the original
45634563 bill or resolution and the complete committee substitute to be
45644564 printed. It shall not be necessary for the house to order complete
45654565 committee substitutes printed in lieu of original bills.
45664566 (c) A two-thirds vote of the house is necessary to order
45674567 that bills, other than local bills, be not printed. It shall not be
45684568 necessary for the house to order that local bills be not printed.
45694569 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
45704570 have the force of law until it has been read on three several
45714571 legislative days in each house and free discussion allowed, unless
45724572 this provision is suspended by a vote of four-fifths of the members
45734573 present and voting, a quorum being present. The yeas and nays shall
45744574 be taken on the question of suspension and entered in the journal.
45754575 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
45764576 consideration of any bill or resolution, the house may, by a
45774577 majority vote, order the bill or resolution to be considered
45784578 section by section, or department by department, until each section
45794579 or department has been given separate consideration. If such a
45804580 procedure is ordered, only amendments to the section or department
45814581 under consideration at that time shall be in order. However, after
45824582 each section or department has been considered separately, the
45834583 entire bill or resolution shall be open for amendment, subject to
45844584 the provisions of Rule 11, Section 8(b). Once the consideration of
45854585 a bill section by section or department by department has been
45864586 ordered, it shall not be in order to move the previous question on
45874587 the entire bill, to recommit it, to lay it on the table, or to
45884588 postpone it, until each section or department has been given
45894589 separate consideration or until the vote by which section by
45904590 section consideration was ordered is reconsidered.
45914591 (b) A motion to consider a bill section by section is
45924592 debatable within narrow limits; that is, the pros and cons of the
45934593 proposed consideration can be debated but not the merits of the
45944594 bill.
45954595 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
45964596 bill or complete committee substitute for a bill has been taken up
45974597 and read, amendments shall be in order. If no amendment is made, or
45984598 if those proposed are disposed of, then the final question on its
45994599 second reading shall be, in the case of a house bill, whether it
46004600 shall be passed to engrossment, or, in the case of a senate bill,
46014601 whether it shall pass to its third reading. All bills ordered
46024602 passed to engrossment or passed to a third reading shall remain on
46034603 the calendar on which placed, but with future priority over bills
46044604 that have not passed second reading.
46054605 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
46064606 shall certify the final passage of each bill, noting on the bill the
46074607 date of its passage, and the vote by which it passed, if by a yea and
46084608 nay vote.
46094609 Sec. 19. EFFECTIVE DATE. Every law passed by the
46104610 legislature, except the General Appropriations Act, shall take
46114611 effect or go into force on the 91st day after the adjournment of the
46124612 session at which it was enacted, unless the legislature provides
46134613 for an earlier effective date by a vote of two-thirds of all the
46144614 members elected to each house. The vote shall be taken by yeas and
46154615 nays and entered in the journals.
46164616 Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
46174617 After a bill or resolution has been considered and defeated by
46184618 either house of the legislature, no bill or resolution containing
46194619 the same substance shall be passed into law during the same session.
46204620 Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
46214621 In order to assure the continuation of financial support of
46224622 existing state services through the passage of the general
46234623 appropriations bill, it shall not be in order during the first 118
46244624 days of the regular session for the speaker to lay before the house,
46254625 prior to the consideration, passage, and certification by the
46264626 comptroller of the general appropriations bill, any bill that
46274627 directly or indirectly prevents from being available for purposes
46284628 of funding state government generally any money that under existing
46294629 law would otherwise be available for that purpose, including a bill
46304630 that transfers or diverts money in the state treasury from the
46314631 general revenue fund to another fund.
46324632 (b) In order to assure compliance with the limitation on
46334633 appropriations of state tax revenue not dedicated by the
46344634 constitution as provided by Article VIII, Section 22, of the Texas
46354635 Constitution, it is not in order for the speaker to lay before the
46364636 house, prior to the time that the general appropriations bill has
46374637 been finally passed and sent to the comptroller, any bill that
46384638 appropriates funds from the state treasury that are not dedicated
46394639 by the constitution.
46404640 (c) When bills subject to the provisions of Subsection (a)
46414641 of this section become eligible for consideration, they shall be
46424642 considered for passage under the rules of the house and the joint
46434643 rules as any other bill but shall not be signed by the speaker as
46444644 required by the Constitution of Texas and the rules of the house
46454645 until the general appropriations bill has been signed by the
46464646 presiding officers of both houses of the legislature and
46474647 transmitted to the comptroller of public accounts for certification
46484648 as required by Article III, Section 49a, of the Constitution of
46494649 Texas.
46504650 (d) All bills subject to the provisions of Subsection (a) of
46514651 this section that have finally passed both houses shall be enrolled
46524652 as required by the rules and transmitted to the speaker. The
46534653 speaker shall note on each bill the date and hour of final
46544654 legislative action and shall withhold his or her signature and any
46554655 further action on all such bills until the general appropriations
46564656 bill has been signed by the presiding officers of both houses and
46574657 transmitted to the comptroller of public accounts for
46584658 certification. Immediately thereafter, the speaker shall sign in
46594659 the presence of the house all bills on which further action was
46604660 being withheld because the bills were subject to the provisions of
46614661 this section. After being signed by the speaker, the bills shall
46624662 then be transmitted to the comptroller of public accounts for
46634663 certification or to the governor, as the case may be, in the order
46644664 in which final legislative action was taken. "Final legislative
46654665 action," as that term is used in this subsection, shall mean the
46664666 last act of either house meeting in general session necessary to
46674667 place the bill in its final form preparatory to enrollment.
46684668 (e) Subsections (a)-(d) of this section shall not apply to
46694669 any bills providing for:
46704670 (1) the payment of expenses of the legislature;
46714671 (2) the payment of judgments against the state;
46724672 (3) any emergency matter when requested by the
46734673 governor in a formal message to the legislature; or
46744674 (4) the reduction of taxes.
46754675 (e-1) Subsection (a) of this section does not apply to a
46764676 bill that prevents the deposit into the general revenue fund of
46774677 money received from the federal government or earnings on that
46784678 money if the bill does not prevent that money from being available
46794679 for the purpose of funding state government generally to the same
46804680 extent as under existing law.
46814681 (f) Unless within the authority of a resolution or
46824682 resolutions adopted pursuant to Article VIII, Section 22(b), of the
46834683 Texas Constitution, it is not in order for the house to consider for
46844684 final passage on third reading, on motion to concur in senate
46854685 amendments, or on motion to adopt a conference committee report, a
46864686 bill appropriating funds from the state treasury in an amount that,
46874687 when added to amounts previously appropriated by bills finally
46884688 passed and sent or due to be sent to the comptroller, would exceed
46894689 the limit on appropriations established under Chapter 316,
46904690 Government Code.
46914691 (g) The general appropriations bill shall be reported to the
46924692 house by the Committee on Appropriations not later than the 90th
46934693 calendar day of the regular session. Should the Committee on
46944694 Appropriations fail to report by the deadline, Subsections (a)-(d)
46954695 of this section shall be suspended for the balance of that regular
46964696 session.
46974697 RULE 9. JOINT RESOLUTIONS
46984698 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
46994699 proposed amendment to the Texas Constitution shall take the form of
47004700 a joint resolution, which shall be subject to the rules that govern
47014701 the proceedings on bills, except as provided by this section.
47024702 (b) A joint resolution is not subject to the provisions of
47034703 Rule 8, Section 3, or Rule 11, Section 3.
47044704 (c) A joint resolution shall be adopted on any reading after
47054705 the first if it receives a two-thirds vote of the elected membership
47064706 of the house. If such a joint resolution receives only a majority
47074707 vote on second reading, it shall be passed to engrossment, and
47084708 subsequent proceedings shall be the same as those governing the
47094709 final passage of bills which have been passed to engrossment. If
47104710 such a joint resolution does not receive a two-thirds vote of the
47114711 elected membership of the house on third reading and final passage,
47124712 it shall fail of adoption.
47134713 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
47144714 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
47154715 proposed amendment to or application to Congress for a convention
47164716 to amend the Constitution of the United States shall take the form
47174717 of a joint resolution, which shall be subject to the rules that
47184718 govern the proceedings on bills, except that it shall be adopted on
47194719 second reading if it receives a majority vote of the members present
47204720 and voting, a quorum being present. If such a joint resolution
47214721 fails to receive a majority vote, it shall fail of adoption and
47224722 shall not be considered again unless revived by a motion to
47234723 reconsider as otherwise provided in the rules.
47244724 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
47254725 resolutions on committee report shall be referred to the Committee
47264726 on Calendars for placement on an appropriate calendar. The
47274727 Committee on Calendars shall maintain a separate calendar for house
47284728 joint resolutions and a separate calendar for senate joint
47294729 resolutions. Senate joint resolutions shall be considered on
47304730 calendar Wednesdays and calendar Thursdays along with senate bills.
47314731 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
47324732 Sec. 1. FILING. Resolutions shall be introduced by filing a
47334733 resolution with the chief clerk in the manner and in an electronic
47344734 or other format specified by the chief clerk, who shall number and
47354735 record house resolutions in one series and concurrent resolutions
47364736 in a separate series.
47374737 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
47384738 recording, all resolutions shall be sent to the speaker for
47394739 referral to the proper committee.
47404740 (b) Resolutions proposing the expenditure of money out of
47414741 the contingent expense fund of the legislature shall be referred to
47424742 the Committee on House Administration.
47434743 (c) All other resolutions shall be referred to the
47444744 appropriate committee with jurisdiction.
47454745 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
47464746 on committee report, other than privileged resolutions, shall be
47474747 referred immediately to the appropriate calendars committee for
47484748 placement on the appropriate calendar.
47494749 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
47504750 resolutions shall be considered by the house only at the time
47514751 assigned for their consideration on the calendar, in accordance
47524752 with the provisions of Rule 6, Section 7.
47534753 Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
47544754 on final passage of a resolution other than a resolution of a purely
47554755 ceremonial or honorary nature must be by record vote with the vote
47564756 of each member entered in the journal as required by Section 12(b),
47574757 Article III, Texas Constitution.
47584758 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
47594759 take the same course as house resolutions, except that they shall be
47604760 sent to the governor for signing when finally passed by both houses.
47614761 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
47624762 office of mascot shall be named in and elected by a single house
47634763 resolution.
47644764 (b) Only children of house members who are under the age of
47654765 12 years shall be eligible for election to the honorary office of
47664766 mascot. A child once named a mascot shall not be eligible for the
47674767 honor a second time.
47684768 (c) No separate classification or special title shall be
47694769 given to any mascot, but all shall receive the same title of
47704770 honorary mascot of the house of representatives.
47714771 (d) The speaker shall issue a certificate showing the
47724772 election of each mascot and deliver it to the parent member of the
47734773 child.
47744774 Pictures of mascots shall appear on the panel picture of the
47754775 house.
47764776 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
47774777 SESSIONS. The subject matter of house resolutions and concurrent
47784778 resolutions does not have to be submitted by the governor in a
47794779 called session before they can be considered.
47804780 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
47814781 Resolutions authorizing the enrolling clerk of the house or senate
47824782 to make technical corrections to a measure that has been finally
47834783 acted upon by both houses of the legislature shall be privileged in
47844784 nature and need not be referred to committee. Such resolutions
47854785 shall be eligible for consideration by the house upon introduction
47864786 in the house or receipt from the senate.
47874787 Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
47884788 RESOLUTION. The enrolled printing of a house congratulatory or
47894789 memorial resolution shall include a place for the signature of the
47904790 primary author of the resolution. The chief clerk shall provide the
47914791 primary author with the opportunity to sign the resolution after
47924792 the resolution is enrolled. The absence of the primary author's
47934793 signature does not affect the validity of the resolution as adopted
47944794 by the house.
47954795 RULE 11. AMENDMENTS
47964796 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
47974797 resolution, motion, or proposition is under consideration, a motion
47984798 to amend and a motion to amend that amendment shall be in order. It
47994799 shall also be in order to offer a further amendment by way of a
48004800 substitute. Such a substitute may not be amended. If the
48014801 substitute is adopted, the question shall then be on the amendment
48024802 as substituted, and under this condition an amendment is not in
48034803 order.
48044804 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
48054805 AMENDMENTS. No motion or proposition on a subject different from
48064806 the subject under consideration shall be admitted as an amendment
48074807 or as a substitute for the motion or proposition under debate.
48084808 "Proposition" as used in this section shall include a bill,
48094809 resolution, joint resolution, or any other motion which is
48104810 amendable.
48114811 Amendments pertaining to the organization, powers,
48124812 regulation, and management of the agency, commission, or advisory
48134813 committee under consideration are germane to bills extending state
48144814 agencies, commissions, or advisory committees under the provisions
48154815 of the Texas Sunset Act (Chapter 325, Government Code).
48164816 An amendment to a committee substitute laid before the house
48174817 in lieu of an original bill is germane if each subject of the
48184818 amendment is a subject that is included in the committee substitute
48194819 or was included in the original bill.
48204820 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
48214821 bill shall be amended in its passage through either house so as to
48224822 change its original purpose.
48234823 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
48244824 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
48254825 resolution shall not be in order during its consideration on a
48264826 local, consent, and resolutions calendar set by the Committee on
48274827 Local and Consent Calendars, unless the amendments have first been
48284828 submitted to and approved by the Committee on Local and Consent
48294829 Calendars, which shall be noted thereon by the chair of the
48304830 Committee on Local and Consent Calendars prior to the offering of
48314831 the amendments.
48324832 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
48334833 taken up on its third reading, amendments shall be in order, but
48344834 shall require a two-thirds vote of the members present for their
48354835 adoption. A bill on third reading may be recommitted to a committee
48364836 and later reported to the house with amendments, in which case the
48374837 bill shall again take the course of a bill at its second reading.
48384838 Sec. 6. FILING AN AMENDMENT. (a) The chief clerk shall
48394839 ensure that for an amendment other than a committee amendment,
48404840 copies of each amendment are filed with the speaker as follows:
48414841 (1) six copies of each amendment; and
48424842 (2) four additional copies of each amendment that
48434843 exceeds one page in length.
48444844 (b) The chief clerk may require the member offering the
48454845 amendment to provide the number of copies required under Subsection
48464846 (a) of this section. The chief clerk shall ensure that, as soon as
48474847 practicable after being filed by the offering member, each
48484848 amendment is made available on the floor amendment system, or the
48494849 system's successor in function, through which members of the house
48504850 may view an electronic image of submitted amendments. When the
48514851 amendment is read, two copies shall go to the chief clerk, one copy
48524852 to the journal clerk, one copy to the reading clerk, and one copy to
48534853 the speaker.
48544854 (c) The chief clerk shall retain one copy of each amendment
48554855 filed with the speaker under this section whether or not the
48564856 amendment was laid out by the speaker for consideration.
48574857 (d) If an amendment is required to be prefiled with the
48584858 chief clerk pursuant to a rule for floor consideration proposed by
48594859 the Committee on Calendars and adopted under Rule 6, Section 16(f),
48604860 the amendment must be provided to the chief clerk, in a manner
48614861 determined by the chief clerk under the direction of the Committee
48624862 on House Administration, and available in the chief clerk's office
48634863 in accordance with the Calendar Committee rule for floor
48644864 consideration.
48654865 (e) The speaker shall not recognize a member to offer an
48664866 original amendment that exceeds one page in length and that is in
48674867 the form of a complete substitute for the bill or resolution laid
48684868 before the house, or in the opinion of the speaker is a substantial
48694869 substitute, unless the amendment has been provided to the chief
48704870 clerk, in a manner determined by the chief clerk under the direction
48714871 of the Committee on House Administration, and was available in the
48724872 chief clerk's office at least 12 hours prior to the time the
48734873 calendar on which the bill or resolution to be amended is eligible
48744874 for consideration.
48754875 (f) An amendment may be typed, hand-printed, or
48764876 handwritten, but must be legible in order to be offered.
48774877 (g) The speaker shall not recognize a member to offer an
48784878 original amendment to a bill on second reading if the bill extends
48794879 an agency, commission, or advisory committee under the Texas Sunset
48804880 Act unless the amendment has been provided to the chief clerk, in a
48814881 manner determined by the chief clerk under the direction of the
48824882 Committee on House Administration, and was available in the chief
48834883 clerk's office at least 24 hours prior to the time the calendar on
48844884 which the bill appears for second reading is first eligible for
48854885 consideration.
48864886 (h) If the house is convened in regular session, the speaker
48874887 shall not recognize a member to offer an original amendment to the
48884888 general appropriations bill on second reading unless the amendment
48894889 has been provided to the chief clerk, in a manner determined by the
48904890 chief clerk under the direction of the Committee on House
48914891 Administration, and was available in the chief clerk's office at
48924892 least 72 hours prior to the time the calendar on which the general
48934893 appropriations bill appears for second reading is first eligible
48944894 for consideration.
48954895 (i) The Committee on House Administration shall ensure
48964896 that:
48974897 (1) the floor amendment system through which members
48984898 of the house may view an electronic image of current or past
48994899 amendments, or the system's successor in function, is available to
49004900 the public on the Internet;
49014901 (2) members of the public using the system available
49024902 on the Internet may view the same information that members may view
49034903 at the same time that members may view the information; and
49044904 (3) members of the public using the system available
49054905 on the Internet may view any amendment required to be provided to
49064906 the chief clerk under Subsections (e), (g), and (h) of this section
49074907 at least 10 hours prior to the time the calendar on which the bill or
49084908 resolution to be amended is eligible for consideration.
49094909 (j) To the extent practicable, an amendment must include the
49104910 page and line numbers of the text of the bill, resolution, or
49114911 amendment being amended. Failure to comply with the requirements of
49124912 this subsection is not subject to a point of order.
49134913 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
49144914 motions to amend shall be offered in the following order:
49154915 (1) motions to amend by striking out the enacting
49164916 clause of a bill (or the resolving clause of a resolution), which
49174917 amendment cannot be amended or substituted;
49184918 (2) motions to amend an original bill, resolution,
49194919 motion, or proposition (other than substitute bills as provided for
49204920 in Subdivision (3) below), which shall have precedence as follows:
49214921 (A) original amendment;
49224922 (B) amendment to the amendment;
49234923 (C) substitute for the amendment to the
49244924 amendment.
49254925 Recognition for the offering of original amendments shall be
49264926 as follows: first, the main author; second, the member or members
49274927 offering the committee amendment; and third, members offering other
49284928 amendments from the floor;
49294929 (3) motions to amend an original bill by striking out
49304930 all after the enacting clause (substitute bills), which substitute
49314931 bills shall be subject to amendment as follows:
49324932 (A) amendment to the substitute bill;
49334933 (B) substitute for the amendment to the
49344934 substitute bill.
49354935 Recognition for offering such substitute bills shall be as
49364936 follows: first, the main author of the original bill, if the
49374937 member has not sought to perfect the bill by amendments as provided
49384938 for in Subdivision (2) above; second, the member or members
49394939 offering the committee amendment; and, third, members offering
49404940 amendments from the floor.
49414941 It shall be in order under the procedure described in this
49424942 subdivision to have as many as four complete measures pending
49434943 before the house at one time; that is, an original bill, an
49444944 amendment striking out all after the enacting clause of the bill and
49454945 inserting a new bill body, an amendment to the amendment striking
49464946 out all after the enacting clause of the bill and inserting a new
49474947 bill body, and a substitute for this amendment to the amendment to
49484948 the original bill which is also a new bill body. These "substitute
49494949 bills" shall be voted on in the reverse order of their offering;
49504950 (4) motions to amend the caption of a bill or joint
49514951 resolution, which may also be offered in accordance with Section
49524952 9(a) of this rule.
49534953 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
49544954 out and to insert new matter in lieu of that to be stricken out shall
49554955 be regarded as a substitute and shall be indivisible.
49564956 (b) Matter inserted or stricken out of an original bill by
49574957 way of amendment may not be taken out or reinserted at a later time
49584958 on the same reading except under the following conditions:
49594959 (1) reconsideration of the inserting or deleting
49604960 amendment;
49614961 (2) adoption of a "substitute bill" amendment;
49624962 (3) adoption of an amendment for a whole paragraph,
49634963 section or subdivision of a bill which so materially changes the
49644964 original text that the portion inserted or deleted is in fact of
49654965 minor importance.
49664966 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
49674967 of a bill or resolution shall not be in order until all other
49684968 proposed amendments have been acted on and the house is ready to
49694969 vote on the passage of the measure, and it shall then be decided
49704970 without debate.
49714971 (b) If the previous question has been ordered on a bill or
49724972 joint resolution at any reading, an amendment to the caption of that
49734973 bill or joint resolution may be offered and voted on immediately
49744974 preceding the final vote on the bill or joint resolution.
49754975 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
49764976 amendments shall be admitted only when seconded by 25 members. The
49774977 motion may take either of two forms:
49784978 (1) to limit amendments to those pending before the
49794979 house; or
49804980 (2) to limit amendments to those pending on the
49814981 speaker's desk.
49824982 (b) The motion shall be put by the chair in this manner: "The
49834983 motion has been seconded. Three minutes pro and con debate will be
49844984 allowed on the motion to limit amendments." As soon as the debate
49854985 has ended, the chair shall continue: "As many as are in favor of
49864986 limiting amendments on (here state on which question or questions)
49874987 will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
49884988 all other propositions, a motion to limit amendments shall be
49894989 decided by a record vote if demanded by any member. If ordered by a
49904990 majority of the members voting, a quorum being present, the motion
49914991 shall have the effect of confining further debate and consideration
49924992 to those amendments included within the motion, and thereafter the
49934993 chair will accept no more amendments to the proposition to which the
49944994 motion is applied.
49954995 (c) The motion to limit amendments, if adopted, shall not in
49964996 any way cut off or limit debate or other parliamentary maneuvers on
49974997 the pending proposition or propositions or amendment or amendments
49984998 included within the motion. The sole function of the motion is to
49994999 prevent the chair from accepting further amendments to the
50005000 proposition to which the motion is applied.
50015001 (d) Except as otherwise provided, the motion to limit
50025002 amendments shall have no effect on the parliamentary situation to
50035003 which the motion is applied, and the matter to which the motion is
50045004 applied shall continue to be considered by the house in all other
50055005 respects as though the motion had not been made.
50065006 (e) The amendments that are included within the motion to
50075007 limit amendments shall each be subject to amendment, if otherwise
50085008 permitted under the rules.
50095009 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
50105010 motion to limit amendments is not subject to a motion to table.
50115011 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
50125012 is offered, followed by an amendment to that amendment, and then a
50135013 substitute for the amendment to the amendment, these questions
50145014 shall be voted on in the reverse order of their offering.
50155015 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
50165016 amendment is adopted, such action shall be certified by the chief
50175017 clerk on the amendment, and the official copy of the amendment shall
50185018 then be securely attached to the bill or resolution which it amends.
50195019 RULE 12. PRINTING
50205020 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
50215021 Except as otherwise provided in this rule, all bills and joint
50225022 resolutions shall be printed and a copy provided to each member at
50235023 each of the following stages in the parliamentary progress of the
50245024 bill or joint resolution:
50255025 (1) at the time of the committee report on the bill or
50265026 joint resolution, which shall be known as "First Printing" and
50275027 which shall consist of:
50285028 (A) a complete text of the bill or joint
50295029 resolution as reported from committee;
50305030 (B) a complete copy of the bill analysis, a
50315031 complete copy of the summary of committee action, and a complete
50325032 copy of the witness list;
50335033 (C) the text of the committee report;
50345034 (D) the record vote by which the measure was
50355035 reported from committee, including the vote of individual members;
50365036 (E) a copy of the latest fiscal note; and
50375037 (F) a copy of each impact statement received by
50385038 the committee;
50395039 (2) at the time the bill or joint resolution, if
50405040 amended, finally passes the senate, senate amendments and house
50415041 engrossment text will be printed, which shall be known as "Second
50425042 Printing"; and
50435043 (3) at the time the conference committee, if any,
50445044 makes its report on the bill or joint resolution, which shall be
50455045 known as "Third Printing."
50465046 (b) In any section of the first printing of a bill or joint
50475047 resolution that proposes to amend an existing statute or
50485048 constitutional provision, language sought to be deleted must be
50495049 bracketed and stricken through, and language sought to be added
50505050 must be underlined. This requirement does not apply to:
50515051 (1) an appropriations bill;
50525052 (2) a local bill;
50535053 (3) a game bill;
50545054 (4) a recodification bill;
50555055 (5) a redistricting bill;
50565056 (6) a section of a bill or joint resolution not
50575057 purporting to amend an existing statute or constitutional
50585058 provision;
50595059 (7) a section of a bill or joint resolution that
50605060 revises the entire text of an existing statute or constitutional
50615061 provision, to the extent that it would confuse rather than clarify
50625062 to show deletions and additions; and
50635063 (8) a section of a bill or joint resolution providing
50645064 for severability, nonseverability, emergency, or repeal of an
50655065 existing statute or constitutional provision.
50665066 (c) The speaker may overrule a point of order raised as to a
50675067 violation of Subsection (b) of this section if the violation is
50685068 typographical or minor and does not tend to deceive or mislead.
50695069 (d) The requirement to provide a copy of a printing to each
50705070 member may be accomplished by making a copy of the printing
50715071 available in an electronic format for viewing by the member and,
50725072 when the electronic format copy of the appropriate printing becomes
50735073 available, sending notice of that fact to a Capitol e-mail address
50745074 designated by the member. If a member informs the chief clerk that
50755075 the member also desires to receive a paper copy of printings at
50765076 first, second, or third printing, the chief clerk shall place paper
50775077 copies of those printings designated by the member in the newspaper
50785078 box of the member as soon as practicable after the electronic copies
50795079 of the printings are made available for viewing.
50805080 (e) The provisions of Subsection (d) of this section
50815081 authorizing delivery of a printing by electronic means also apply
50825082 to any fiscal note, impact statement, analysis, or other item
50835083 required by these rules to be delivered or made available to each
50845084 member as an attachment to or in connection with the applicable
50855085 printing.
50865086 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
50875087 after the first printing except when ordered printed by a majority
50885088 vote of the house.
50895089 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
50905090 shall be printed only if the resolution:
50915091 (1) grants permission to sue the state;
50925092 (2) memorializes Congress to take or to refrain from
50935093 taking certain action;
50945094 (3) sets legislative policy or declares legislative
50955095 intent;
50965096 (4) makes corrective changes in any bill, joint
50975097 resolution, or conference committee report;
50985098 (5) establishes or interprets policy for a state
50995099 agency, department, or political subdivision;
51005100 (6) establishes, modifies, or changes internal
51015101 procedures or administration of the legislature or any component
51025102 part thereof;
51035103 (7) proposes an amendment to the Joint Rules of the
51045104 Senate and the House of Representatives; or
51055105 (8) is ordered printed by a majority vote of the house.
51065106 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
51075107 printed only if the resolution:
51085108 (1) proposes an amendment to the rules of the house;
51095109 (2) establishes, modifies, or changes the internal
51105110 procedures and administration of the house;
51115111 (3) establishes legislative policy or interprets
51125112 legislative intent; or
51135113 (4) is ordered printed by a majority of the house.
51145114 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
51155115 REQUIREMENTS. Except for matter to be printed in the journal, all
51165116 requirements contained in the rules with respect to the printing of
51175117 bills, resolutions, reports, and other matters shall be considered
51185118 complied with if the material is adequately and properly reproduced
51195119 by any acceptable means of reproduction.
51205120 RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
51215121 CHAPTER A. MESSAGES
51225122 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
51235123 communications from the governor shall be received when announced,
51245124 and shall be read on the calendar day received.
51255125 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
51265126 the senate shall be received when announced. Senate bills
51275127 announced as passed shall be read for the first time and referred to
51285128 the appropriate committee as soon as practicable.
51295129 (b) Messages from the senate announcing amendments to house
51305130 bills and resolutions, nonconcurrence in house amendments to senate
51315131 bills and resolutions, requests for conference committees, reports
51325132 of conference committees, and all other matters of disagreement,
51335133 amendments, and requests between the two houses, shall go to the
51345134 speaker's desk in their regular order, but may be called up for
51355135 action by the house at any time as a privileged matter, yielding
51365136 only to a motion to adjourn.
51375137 CHAPTER B. SENATE AMENDMENTS
51385138 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
51395139 resolution, or other matter is returned to the house with senate
51405140 amendments, the house may:
51415141 (1) agree to the amendments; or
51425142 (2) disagree to all of the amendments and ask for a
51435143 conference committee; or
51445144 (3) agree to one or more of the amendments and disagree
51455145 as to the remainder and request a conference committee to consider
51465146 those in disagreement; or
51475147 (4) agree to one or more and disagree as to the
51485148 remainder; or
51495149 (5) disagree to all amendments.
51505150 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
51515151 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
51525152 amendments thereto must be adopted by a vote of two-thirds of the
51535153 elected membership of the house.
51545154 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
51555155 to house bills and resolutions must be printed and copies provided
51565156 to the members at least 24 hours before any action can be taken
51575157 thereon by the house during a regular or special session.
51585158 (b) When a house bill or joint resolution, other than the
51595159 general appropriations bill, with senate amendments is returned to
51605160 the house, the chief clerk shall request the Legislative Budget
51615161 Board to prepare a fiscal note outlining the fiscal implications
51625162 and probable cost of the measure as impacted by the senate
51635163 amendments. A copy of the fiscal note shall be distributed with the
51645164 senate amendments on their printing before any action can be taken
51655165 on the senate amendments by the house.
51665166 (c) When a house bill or joint resolution, other than the
51675167 general appropriations bill, with senate amendments is returned to
51685168 the house, the chief clerk shall request the Texas Legislative
51695169 Council to prepare an analysis that describes the substantive
51705170 changes made to the house version of the bill by the senate
51715171 amendments. A copy of the council's analysis of senate amendments
51725172 shall be provided to the members electronically or as a printed copy
51735173 at least 12 hours before action is taken on the senate amendments by
51745174 the house. The Texas Legislative Council shall make all reasonable
51755175 efforts to timely provide the analysis in as accurate a form as time
51765176 allows. However, an unavoidable inability to provide the analysis
51775177 or an inadvertent error in the analysis is not subject to a point of
51785178 order.
51795179 (d) When a house bill or joint resolution for which a tax
51805180 equity note was required under Rule 4, Section 34(b)(5), is
51815181 returned to the house with senate amendments, the chief clerk shall
51825182 request the Legislative Budget Board to prepare a tax equity note
51835183 estimating the general effects of the senate amendments on the
51845184 distribution of tax and fee burdens among individuals and
51855185 businesses. A copy of the updated tax equity note shall be made
51865186 available to each member, in some format, before any vote on the
51875187 floor can be taken on the senate amendments by the house.
51885188 CHAPTER C. CONFERENCE COMMITTEES
51895189 Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
51905190 between the senate and the house by committee, the number of
51915191 committee members from each house shall be five. All votes on
51925192 matters of difference shall be taken by each committee separately.
51935193 A majority of each committee shall be required to determine the
51945194 matter in dispute. Reports by conference committees must be signed
51955195 by a majority of each committee of the conference.
51965196 (b) A copy of the report signed by a majority of each
51975197 committee of the conference must be furnished to each member of the
51985198 committee in person or if unable to deliver in person by placing a
51995199 copy in the member's newspaper mailbox at least one hour before the
52005200 report is furnished to each member of the house under Section 10(a)
52015201 of this rule. The paper copies of the report submitted to the chief
52025202 clerk under Section 10(b) of this rule must contain a certificate
52035203 that the requirement of this subsection has been satisfied, and
52045204 that certificate must be attached to the copy of the report
52055205 furnished to each member under Section 10(d) of this rule. Failure
52065206 to comply with this subsection is not subject to a point of order.
52075207 Sec. 7. MEETINGS. (a) House conferees when meeting with
52085208 senate conferees to adjust differences shall meet in public and
52095209 shall give a reasonable amount of notice of the meeting in the place
52105210 designated for giving notice of meetings of house standing
52115211 committees. Any such meeting shall be open to the news media. Any
52125212 conference committee report adopted in private shall not be
52135213 considered by the house.
52145214 (b) At a meeting of the conferees to adjust differences on
52155215 the general appropriations bill, the chair of the house conferees
52165216 may request the assistance of any house member who serves on the
52175217 appropriations committee.
52185218 Sec. 8. INSTRUCTIONS. Instructions to a conference
52195219 committee shall be made after the conference is ordered and before
52205220 the conferees are appointed by the speaker, and not thereafter.
52215221 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
52225222 committees shall limit their discussions and their actions solely
52235223 to the matters in disagreement between the two houses. A conference
52245224 committee shall have no authority with respect to any bill or
52255225 resolution:
52265226 (1) to change, alter, or amend text which is not in
52275227 disagreement;
52285228 (2) to omit text which is not in disagreement;
52295229 (3) to add text on any matter which is not in
52305230 disagreement;
52315231 (4) to add text on any matter which is not included in
52325232 either the house or senate version of the bill or resolution.
52335233 This rule shall be strictly construed by the presiding
52345234 officer in each house to achieve these purposes.
52355235 (b) Conference committees on appropriations bills, like
52365236 other conference committees, shall limit their discussions and
52375237 their actions solely to the matters in disagreement between the two
52385238 houses. In addition to the limitations contained elsewhere in the
52395239 rules, a conference committee on appropriations bills shall be
52405240 strictly limited in its authority as follows:
52415241 (1) If an item of appropriation appears in both house
52425242 and senate versions of the bill, the item must be included in the
52435243 conference committee report.
52445244 (2) If an item of appropriation appears in both house
52455245 and senate versions of the bill, and in identical amounts, no change
52465246 can be made in the item or the amount.
52475247 (3) If an item of appropriation appears in both house
52485248 and senate versions of the bill but in different amounts, no change
52495249 can be made in the item, but the amount shall be at the discretion of
52505250 the conference committee, provided that the amount shall not exceed
52515251 the larger version and shall not be less than the smaller version.
52525252 (4) If an item of appropriation appears in one version
52535253 of the bill and not in the other, the item can be included or omitted
52545254 at the discretion of the conference committee. If the item is
52555255 included, the amount shall not exceed the sum specified in the
52565256 version containing the item.
52575257 (5) If an item of appropriation appears in neither the
52585258 house nor the senate version of the bill, the item must not be
52595259 included in the conference committee report. However, the
52605260 conference committee report may include appropriations for
52615261 purposes or programs authorized by bills that have been passed and
52625262 sent to the governor and may include contingent appropriations for
52635263 purposes or programs authorized by bills that have been passed by at
52645264 least one house.
52655265 This rule shall be strictly construed by the presiding
52665266 officer in each house to achieve these purposes.
52675267 (c) Conference committees on tax bills, like other
52685268 conference committees, shall limit their discussions and their
52695269 actions solely to the matters in disagreement between the two
52705270 houses. In addition to the limitations contained elsewhere in the
52715271 rules, a conference committee on a tax bill shall be strictly
52725272 limited in its authority as follows:
52735273 (1) If a tax item appears in both house and senate
52745274 versions of the bill, the item must be included in the conference
52755275 committee report.
52765276 (2) If a tax item appears in both house and senate
52775277 versions of the bill, and in identical form and with identical
52785278 rates, no change can be made in the item or the rate provided.
52795279 (3) If a tax item appears in both house and senate
52805280 versions of the bill but at differing rates, no change can be made
52815281 in the item, but the rate shall be at the discretion of the
52825282 conference committee, provided that the rate shall not exceed the
52835283 higher version and shall not be less than the lower version.
52845284 (4) If a tax item appears in one version of the bill
52855285 and not in the other, the item can be included or omitted at the
52865286 discretion of the conference committee. If the item is included,
52875287 the rate shall not exceed the rate specified in the version
52885288 containing the item.
52895289 (5) If a tax item appears in neither the house nor the
52905290 senate version of the bill, the item must not be included in the
52915291 conference committee report.
52925292 This rule shall be strictly construed by the presiding
52935293 officer in each house to achieve these purposes.
52945294 (d) Conference committees on reapportionment bills, to the
52955295 extent possible, shall limit their discussions and their actions to
52965296 the matters in disagreement between the two houses. Since the
52975297 adjustment of one district in a reapportionment bill will
52985298 inevitably affect other districts, the strict rule of construction
52995299 imposed on other conference committees must be relaxed somewhat
53005300 when reapportionment bills are involved. Accordingly, the
53015301 following authority and limitations shall apply only to conference
53025302 committees on reapportionment bills:
53035303 (1) If the matters in disagreement affect only certain
53045304 districts, and other districts are identical in both house and
53055305 senate versions of the bill, the conference committee shall make
53065306 adjustments only in those districts whose rearrangement is
53075307 essential to the effective resolving of the matters in
53085308 disagreement. All other districts shall remain unchanged.
53095309 (2) If the matters in disagreement permeate the entire
53105310 bill and affect most, if not all, of the districts, the conference
53115311 committee shall have wide discretion in rearranging the districts
53125312 to the extent necessary to resolve all differences between the two
53135313 houses.
53145314 (3) Insofar as the actual structure of the districts
53155315 is concerned, and only to that extent, the provisions of Subsection
53165316 (a) of this section shall not apply to conference committees on
53175317 reapportionment bills.
53185318 (e) Conference committees on recodification bills, like
53195319 other conference committees, shall limit their discussions and
53205320 their actions solely to the matters in disagreement between the two
53215321 houses. The comprehensive and complicated nature of recodification
53225322 bills makes necessary the relaxing of the strict rule of
53235323 construction imposed on other conference committees only to the
53245324 following extent:
53255325 (1) If it develops in conference committee that
53265326 material has been inadvertently included in both house and senate
53275327 versions which properly has no place in the recodification, that
53285328 material may be omitted from the conference committee report, if by
53295329 that omission the existing statute is not repealed, altered, or
53305330 amended.
53315331 (2) If it develops in conference committee that
53325332 material has been inadvertently omitted from both the house and
53335333 senate versions which properly should be included if the
53345334 recodification is to achieve its purpose of being all-inclusive of
53355335 the statutes being recodified, that material may be added to the
53365336 conference committee report, if by the addition the existing
53375337 statute is merely restated without substantive change in existing
53385338 law.
53395339 (f) Limitations imposed on certain conference committees by
53405340 the provisions of this section may be suspended in part by
53415341 permission of the house to allow consideration of and action on a
53425342 specific matter or matters which otherwise would be prohibited.
53435343 Permission shall be granted only by resolution passed by majority
53445344 vote of the house. All such resolutions shall be privileged in
53455345 nature and need not be referred to a committee. The introduction of
53465346 such a resolution shall be announced from the house floor and the
53475347 resolution shall be eligible for consideration by the house:
53485348 (1) three hours after a copy of the resolution has been
53495349 distributed to each member; or
53505350 (2) for a resolution suspending limitations on a
53515351 conference committee considering the general appropriations bill,
53525352 48 hours in a regular session and 24 hours in a special session
53535353 after a copy of the resolution has been distributed to each member.
53545354 (g) The time at which the copies of such a resolution are
53555355 distributed to the members shall be time-stamped on the originals
53565356 of the resolution. The resolution shall specify in detail:
53575357 (1) the exact language of the matter or matters
53585358 proposed to be considered;
53595359 (2) the specific limitation or limitations to be
53605360 suspended;
53615361 (3) the specific action contemplated by the conference
53625362 committee;
53635363 (4) except for a resolution suspending the limitations
53645364 on the conferees for the general appropriations bill, the reasons
53655365 that suspension of the limitations is being requested; and
53665366 (5) a fiscal note distributed with the resolution
53675367 outlining the fiscal implications and probable cost of the items to
53685368 be included in the conference committee report that would otherwise
53695369 be prohibited but for the passage of the resolution.
53705370 (h) In the application of Subsection (g) of this section to
53715371 appropriations bills, the resolution:
53725372 (1) need not include changes in amounts resulting from
53735373 a proposed salary plan or changes in format that do not affect the
53745374 amount of an appropriation or the method of finance of an
53755375 appropriation, but shall include a general statement describing the
53765376 salary plan or format change;
53775377 (2) need not include differences in language which do
53785378 not affect the substance of the bill;
53795379 (3) if suspending a limitation imposed by Subsection
53805380 (b)(2), (3), (4), or (5) of this section, must specify the amount by
53815381 which the appropriation in the conference committee report is less
53825382 than or greater than the amount permitted for that item of
53835383 appropriation under Subsection (b) of this section; and
53845384 (4) shall be available in its entirety on the
53855385 electronic legislative information system that is accessible by the
53865386 general public.
53875387 (i) Permission granted by a resolution under Subsection (f)
53885388 of this section shall suspend the limitations only for the matter or
53895389 matters clearly specified in the resolution, and the action of the
53905390 conference committee shall be in conformity with the resolution.
53915391 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) A
53925392 conference committee report on the general appropriations bill must
53935393 be printed and a copy furnished to each member as provided by Rule
53945394 12, Section 1, at least 48 hours before action can be taken on the
53955395 report by the house during a regular session or at least 24 hours
53965396 before action can be taken by the house during a special session.
53975397 All other conference committee reports must be printed and a copy
53985398 furnished to each member as provided by Rule 12, Section 1, at least
53995399 24 hours before action can be taken on the report by the house
54005400 during a regular or special session.
54015401 (b) Three original copies of a conference committee report
54025402 shall be submitted to the chief clerk for printing. Each original
54035403 conference committee report shall contain the following:
54045404 (1) the signatures of the house conferees and senate
54055405 conferees who voted to adopt the conference committee report;
54065406 (2) the text of the bill or resolution as adopted by
54075407 the conference committee; and
54085408 (3) an analysis of the conference committee report as
54095409 required by Section 11 of this rule.
54105410 (c) Before action can be taken by the house on a conference
54115411 committee report on a bill or joint resolution, other than the
54125412 general appropriations bill, a fiscal note outlining the fiscal
54135413 implications and probable cost of the conference committee report
54145414 shall be submitted to the chief clerk, and a copy of the fiscal note
54155415 shall be distributed with the conference committee report on its
54165416 printing.
54175417 (d) Before a vote on the floor can be taken by the house on a
54185418 conference committee report on a bill or joint resolution for which
54195419 a tax equity note was required under Rule 4, Section 34(b)(5), a tax
54205420 equity note estimating the general effects of the conference
54215421 committee report on the distribution of tax and fee burdens among
54225422 individuals and businesses shall be submitted to the chief clerk,
54235423 and a copy of the tax equity note shall be made available to each
54245424 member.
54255425 Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
54265426 committees shall include an analysis showing wherein the report
54275427 differs from the house and senate versions of the bill, resolution,
54285428 or other matter in disagreement. The analysis of appropriations
54295429 bills shall show in dollar amounts the differences between the
54305430 conference committee report and the house and senate versions. No
54315431 conference committee report shall be considered by the house unless
54325432 such an analysis has been prepared and distributed to each member.
54335433 (b) The analysis shall to the extent practical indicate any
54345434 instance wherein the conference committee in its report appears to
54355435 have exceeded the limitations imposed on its jurisdiction by
54365436 Section 9 of this rule. An analysis and the conference committee
54375437 report in which the analysis is included are not subject to a point
54385438 of order due to a failure to comply with this subsection or due to a
54395439 mistake made in complying with this subsection.
54405440 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
54415441 report is not subject to amendment, but must be accepted or rejected
54425442 in its entirety. While a conference committee report is pending, a
54435443 motion to deal with individual amendments in disagreement is not in
54445444 order.
54455445 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
54465446 committee report is not acceptable to the house for any reason, it
54475447 may be recommitted to the same committee with the request for
54485448 further consideration, and the house may or may not give any
54495449 specific instructions on the report to the conference committee; or
54505450 the house may request the appointment by the senate of a new
54515451 conference committee and then proceed to empower the speaker to
54525452 name new conferees for the house.
54535453 RULE 14. GENERAL PROVISIONS
54545454 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
54555455 inexplicit on any question of order or parliamentary practice, the
54565456 Rules of the House of Representatives of the United States
54575457 Congress, and its practice as reflected in published precedents,
54585458 and Mason's Manual of Legislative Procedure shall be considered as
54595459 authority.
54605460 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
54615461 rules of the house shall be proposed by house resolutions which
54625462 shall be referred at once, without debate, to the Committee on House
54635463 Administration for study and recommendation.
54645464 (b) A resolution proposing an amendment to the rules shall
54655465 not be considered by the house until a printed copy of the
54665466 resolution has been provided to each member of the house at least 48
54675467 hours before consideration.
54685468 (c) Amendments to the rules shall require a majority vote of
54695469 the house for adoption.
54705470 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
54715471 the rules shall be in order at any time, except when motions to
54725472 adjourn or recess are pending, even when the house is operating
54735473 under the previous question. A motion to "suspend all rules" shall
54745474 be sufficient to suspend every rule under which the house is
54755475 operating for a particular purpose except the provisions of the
54765476 constitution and the joint rules of the two houses. If the rules
54775477 have been suspended on a main motion for a given purpose, no other
54785478 motion to suspend the rules on a main motion shall be in order until
54795479 the original purpose has been accomplished.
54805480 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
54815481 shall not be in order to move to suspend the rules or the regular
54825482 order of business to take up a measure out of its regular order, and
54835483 the speaker shall not recognize anyone for either purpose, unless
54845484 the speaker has announced to the house in session that the speaker
54855485 would recognize a member for that purpose at least one hour before
54865486 the member is so recognized to make the motion. In making the
54875487 announcement to the house, the speaker shall advise the house of the
54885488 member's name and the bill number, and this information, together
54895489 with the time that the announcement was made, shall be entered in
54905490 the journal. This rule may be suspended only by unanimous consent.
54915491 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
54925492 of the house may be suspended by an affirmative vote of two-thirds
54935493 of the members present. However, if a rule contains a specific
54945494 provision showing the vote by which that rule may be suspended, that
54955495 vote shall be required for the suspension of the rule. The specific
54965496 provision may not be suspended under the provisions of this
54975497 section.
54985498 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
54995499 measure taken up under suspension and not disposed of on the same
55005500 day shall go over as pending or unfinished business to the next day
55015501 that the house is in session, and shall be considered thereafter
55025502 from day to day (except the days used for the consideration of
55035503 senate bills) until disposed of.
55045504 RULE 15. APPROPRIATE WORKPLACE CONDUCT
55055505 Sec. 1. STATEMENT OF POLICY. (a) The house finds that:
55065506 (1) a safe and professional environment in which each
55075507 individual is treated with respect is essential for conducting the
55085508 legislative business of Texas;
55095509 (2) harassment based on an individual's
55105510 characteristics and activity protected by law is inconsistent with
55115511 the necessary safe and professional environment; and
55125512 (3) there is a need for policies designed to prevent
55135513 harassment and to appropriately address it if it occurs.
55145514 (b) The house declares that all forms of harassment
55155515 prohibited by law (including harassment by the making of a
55165516 complaint of harassment or discrimination or by participating in
55175517 the investigation of a complaint) are against the policy of the
55185518 house.
55195519 (c) Members, officers, and employees of the house are
55205520 expected to promote public confidence in the integrity of the house
55215521 by:
55225522 (1) conducting themselves in a manner that is free of
55235523 harassment in each setting related to the service of the member,
55245524 officer, or employee; and
55255525 (2) reporting any harassment in the workplace of which
55265526 they have direct, personal knowledge.
55275527 (d) This rule is the policy on which the house relies for
55285528 guidance in promoting appropriate workplace conduct. This rule is
55295529 not intended to, and does not, create an independent cause of
55305530 action, substantive or procedural, enforceable at law or in equity,
55315531 by any party against:
55325532 (1) the house or its officers, employees, or agents;
55335533 (2) the State of Texas or its departments, agencies,
55345534 entities, officers, employees, or agents; or
55355535 (3) any other person.
55365536 RULE 16. SPECIAL RULE
55375537 CHAPTER A. GENERAL PROVISIONS
55385538 Sec. 1. PURPOSE; SCOPE; APPLICATION. (a) This rule is
55395539 adopted to ensure that the house is able to carry out its
55405540 legislative responsibilities under the Texas Constitution in the
55415541 event of disruptions caused by actual or imminent threat of an
55425542 emergency, including an epidemic or a pandemic.
55435543 (b) A section of this rule governs the procedure of the
55445544 house and its committees only when the section is activated as
55455545 provided by this rule.
55465546 (c) During the time a section of this rule is activated, the
55475547 provisions of that section prevail over a provision of Rules 1
55485548 through 15 to the extent of any conflict between the provisions.
55495549 (d) This chapter is not subject to deactivation under
55505550 Section 4 of this rule.
55515551 Sec. 2. ACTIVATION AND REACTIVATION. (a) A section of this
55525552 rule may be activated only as provided by this section. A section
55535553 of this rule that has been deactivated under this chapter may be
55545554 reactivated only as provided by this section.
55555555 (b) Activation or reactivation of a section of this rule may
55565556 occur only if:
55575557 (1) a disaster has been declared and is currently in
55585558 effect in this state as the result of a declaration by:
55595559 (A) the president of the United States under the
55605560 Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
55615561 U.S.C. Section 5121 et seq.), as amended, or other law;
55625562 (B) the governor under Chapter 418, Government
55635563 Code, or other law, including the Texas Constitution; or
55645564 (C) the governing body of a political subdivision
55655565 under Chapter 418, Government Code, or other law, including the
55665566 Texas Constitution; or
55675567 (2) a determination of a public health disaster has
55685568 been made and is currently in effect under Chapter 81, Health and
55695569 Safety Code, or other law by:
55705570 (A) the commissioner of state health services; or
55715571 (B) a local health authority.
55725572 (c) If the house is convened in regular or special session
55735573 and at least one condition listed in Subsection (b) of this section
55745574 has been met, the house may activate or reactivate one or more
55755575 sections of this rule by resolution. A resolution proposed under
55765576 this subsection is subject to the provisions of Rule 14, Section 2,
55775577 and must:
55785578 (1) identify the section or sections proposed to be
55795579 activated or reactivated; and
55805580 (2) cite the authorities relied on to determine that
55815581 at least one condition listed in Subsection (b) of this section has
55825582 been met.
55835583 (d) If the house is not convened in a regular or special
55845584 session and at least one condition listed in Subsection (b) of this
55855585 section has been met, the Committee on House Administration may
55865586 activate or reactivate one or more sections of this rule only by a
55875587 vote of a majority of the membership of the committee in a meeting
55885588 of the committee conducted in accordance with the rules. The notice
55895589 of the committee meeting must identify the section or sections of
55905590 this rule that are proposed to be activated or reactivated and cite
55915591 the authorities relied on to determine that at least one condition
55925592 listed in Subsection (b) of this section has been met. The minutes
55935593 of the committee meeting must identify the section or sections of
55945594 this rule that were activated or reactivated by the committee and
55955595 cite the authorities relied on to determine that at least one
55965596 condition listed in Subsection (b) of this section has been met.
55975597 Sec. 3. DEACTIVATION. (a) If the house is convened in a
55985598 regular or special session, a section of this rule may be
55995599 deactivated only by resolution. A resolution proposed under this
56005600 subsection is subject to the provisions of Rule 14, Section 2, and
56015601 must identify the section or sections of this rule to be
56025602 deactivated.
56035603 (b) If the house is not convened in a regular or special
56045604 session, the Committee on House Administration may deactivate one
56055605 or more sections of this rule. A section of this rule may be
56065606 deactivated only by a vote of a majority of the membership of the
56075607 committee in a meeting of the committee conducted in accordance
56085608 with the rules. The notice of the committee meeting must identify
56095609 the section or sections of this rule that are proposed to be
56105610 deactivated. The minutes of the committee meeting must identify
56115611 the section or sections of this rule that were deactivated by the
56125612 committee.
56135613 CHAPTER B. DUTIES AND RIGHTS OF THE SPEAKER
56145614 Sec. 4. A new Rule 1, Section 10A, relating to the
56155615 designation of a temporary chair, shall read as follows:
56165616 Rule 1, Sec. 10A. DESIGNATION OF ALTERNATE
56175617 TEMPORARY CHAIR. (a) If the speaker and permanent
56185618 speaker pro tempore are both unavailable for any
56195619 reason, the chair of the Committee on State Affairs is
56205620 authorized to convene the house and preside over its
56215621 deliberations.
56225622 (b) At any time, the speaker may provide a
56235623 written order to the chief clerk, with a copy to the
56245624 journal clerk, naming those members, in priority
56255625 order, authorized to call the house to order and
56265626 preside if the speaker, permanent speaker pro tempore,
56275627 and chair of the Committee on State Affairs are all
56285628 absent or unable to preside. If the speaker, permanent
56295629 speaker pro tempore, and chair of the Committee on
56305630 State Affairs are all unavailable for any reason, and
56315631 it becomes necessary for the house to convene pursuant
56325632 to an adjournment, recess, or other provision of the
56335633 constitution or other law, the chief clerk shall
56345634 contact the members, in the order listed on the
56355635 speaker's written order, until the chief clerk locates
56365636 a member who is available to convene and preside over
56375637 the deliberations of the house.
56385638 Sec. 5. Rule 1, Section 11, relating to emergency
56395639 adjournment, shall read as follows:
56405640 Rule 1, Sec. 11. EMERGENCY ADJOURNMENT. In the
56415641 event of an emergency of such compelling nature that
56425642 the speaker must adjourn the house without fixing a
56435643 date and hour of reconvening, the speaker shall have
56445644 authority, subject to the provisions of Section 17,
56455645 Article III, Texas Constitution, to determine the date
56465646 and hour of reconvening and to notify the members of
56475647 the house by any means the speaker considers adequate.
56485648 Should the speaker be disabled or otherwise unable to
56495649 exercise these emergency powers, the permanent speaker
56505650 pro tempore, if one has been named, shall have
56515651 authority to act. If there is no permanent speaker pro
56525652 tempore, or if that officer is unable to act, authority
56535653 shall be exercised by one of the following members, in
56545654 the order listed below, who shall preside until the
56555655 house can proceed to the selection of a temporary
56565656 presiding officer to function until the speaker or the
56575657 speaker pro tempore is again able to exercise the
56585658 duties and responsibilities of the office:
56595659 (1) the chair of the Committee on State
56605660 Affairs; or
56615661 (2) the first available member on the
56625662 speaker's written order filed with the chief clerk
56635663 under Section 10A of this rule.
56645664 Sec. 6. Rule 1, Section 12, relating to postponement of
56655665 reconvening, shall read as follows:
56665666 Rule 1, Sec. 12. POSTPONEMENT OF RECONVENING.
56675667 When the house is not in session, if the speaker
56685668 determines that it would be a hazard to the safety of
56695669 the members, officers, employees, and others attending
56705670 the legislature to reconvene at the time determined by
56715671 the house at its last sitting, the speaker may clear
56725672 the area of the capitol under the control of the house
56735673 and, subject to the provisions of Section 17, Article
56745674 III, Texas Constitution, postpone the reconvening of
56755675 the house for a period of not more than three calendar
56765676 days, not including Sundays. On making that
56775677 determination, the speaker shall order the
56785678 sergeant-at-arms to post an assistant at each first
56795679 floor entrance to the capitol and other places and
56805680 advise all persons entering of the determination and
56815681 the time set for the house to reconvene. The speaker
56825682 shall also notify the journal clerk and the news media
56835683 of the action, and the action shall be entered in the
56845684 house journal. If the speaker is unavailable or unable
56855685 to act, the authority to postpone reconvening under
56865686 this section may be exercised by one of the following
56875687 members, in the order listed below:
56885688 (1) the permanent speaker pro tempore;
56895689 (2) the chair of the Committee on State
56905690 Affairs; or
56915691 (3) the first available member on the
56925692 speaker's written order filed with the chief clerk
56935693 under Section 10A of this rule.
56945694 CHAPTER C. OFFICERS AND EMPLOYEES
56955695 [RESERVED FOR EXPANSION]
56965696 CHAPTER D. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
56975697 Sec. 7. A new Rule 4, Section 8A, relating to required face
56985698 masks during committee meetings, shall read as follows:
56995699 Rule 4, Sec. 8A. FACE MASKS REQUIRED FOR
57005700 COMMITTEE MEETINGS. Each person admitted to a meeting
57015701 room for the purpose of participating in or attending a
57025702 committee or subcommittee meeting is required to wear
57035703 at all times a face mask that complies with the
57045704 recommendations of the Centers for Disease Control and
57055705 Prevention. A member of the house or a witness may
57065706 temporarily remove the person's face mask only while
57075707 speaking from a microphone on the dais or the witness
57085708 podium. An officer or employee of the house may
57095709 temporarily remove the person's face mask only while
57105710 speaking from a microphone or as directed by the chair.
57115711 If the Committee on House Administration has installed
57125712 clear barriers that comply with epidemiological best
57135713 practices on the dais in a meeting room, a member,
57145714 officer, or employee may remove the person's face mask
57155715 when the person is protected by the barriers if other
57165716 persons who are not protected by the barriers are at
57175717 least six feet away from the member, officer, or
57185718 employee.
57195719 Sec. 8. Rule 4, Section 11, and new Rule 4, Section 11A,
57205720 relating to posting notice of committee meetings, shall read as
57215721 follows:
57225722 Rule 4, Sec. 11. POSTING NOTICE. (a) No
57235723 committee or subcommittee, including a calendars
57245724 committee, shall assemble for the purpose of a public
57255725 hearing during a regular session unless notice of the
57265726 hearing has been posted in accordance with the rules at
57275727 least five calendar days in advance of the hearing. No
57285728 committee or subcommittee, including a calendars
57295729 committee, shall assemble for the purpose of a public
57305730 hearing during a special session unless notice of the
57315731 hearing has been posted in accordance with the rules at
57325732 least 24 hours in advance of the hearing. The committee
57335733 minutes shall reflect the date of each posting of
57345734 notice. Notice shall not be required for a public
57355735 hearing or a formal meeting on a senate bill which is
57365736 substantially the same as a house bill that has
57375737 previously been the subject of a duly posted public
57385738 hearing by the committee.
57395739 (b) No committee or subcommittee, including a
57405740 calendars committee, shall assemble for the purpose of
57415741 a formal meeting or work session during a regular or
57425742 special session unless written notice has been posted
57435743 and transmitted to each member of the committee two
57445744 hours in advance of the meeting or an announcement has
57455745 been filed with the journal clerk and read by the
57465746 reading clerk while the house is in session at least 30
57475747 minutes in advance of the meeting.
57485748 (c) All committees meeting during the interim
57495749 for the purpose of a formal meeting, work session, or
57505750 public hearing shall post notice in accordance with
57515751 the rules and notify members of the committee at least
57525752 five calendar days in advance of the meeting.
57535753 Rule 4, Sec. 11A. CONTENTS OF NOTICE. In
57545754 addition to other information required by the rules,
57555755 the notice of a committee meeting must include:
57565756 (1) instructions, or a link to
57575757 instructions on the house's Internet website, related
57585758 to public access to the meeting location and health and
57595759 safety protocols for attending the meeting;
57605760 (2) for a meeting that will be video
57615761 broadcast under Section 12A of this rule, the link to
57625762 that broadcast on the house's Internet website; and
57635763 (3) for a public hearing, instructions, or
57645764 a link to instructions on the house's Internet website,
57655765 for individuals who wish to:
57665766 (A) testify in person at the hearing;
57675767 or
57685768 (B) electronically submit public
57695769 comments without testifying.
57705770 Sec. 9. A new Rule 4, Section 12A, relating to public access
57715771 to committee meetings, shall read as follows:
57725772 Rule 4, Sec. 12A. PUBLIC ACCESS TO COMMITTEE
57735773 MEETINGS. The requirement for all meetings of a
57745774 committee or subcommittee to be open to other members,
57755775 the press, and the public may be satisfied by video
57765776 broadcasting the meeting in real time through the
57775777 Internet. The video broadcast must be accessible from
57785778 a link on the house's Internet website.
57795779 Sec. 10. A new Rule 4, Section 16A, relating to quorum
57805780 requirements for taking testimony, shall read as follows:
57815781 Rule 4, Sec. 16A. QUORUM REQUIREMENTS FOR
57825782 TAKING TESTIMONY. Two members of a committee shall
57835783 constitute a quorum for the sole purpose of taking
57845784 testimony during a public hearing. Any other
57855785 committee member may participate in the public hearing
57865786 through an Internet or other videoconferencing system
57875787 if two-way communication has been enabled to allow all
57885788 committee members to be clearly visible and audible to
57895789 each other and clearly audible to the testifying
57905790 witness.
57915791 Sec. 11. A new Rule 4, Section 20A, relating to invited
57925792 testimony, and a new Rule 4, Section 20B, relating to public
57935793 comments, shall read as follows:
57945794 Rule 4, Sec. 20A. INVITED TESTIMONY. When
57955795 inviting witnesses to testify at a public hearing in
57965796 the manner described by Section 20(g) of this rule, the
57975797 chair of a committee or subcommittee shall make a
57985798 reasonable effort to invite witnesses representing
57995799 different viewpoints on the measures and other matters
58005800 scheduled for a public hearing.
58015801 Rule 4, Sec. 20B. PUBLIC COMMENTS. For each
58025802 public hearing scheduled, the chair of the committee
58035803 must allow persons domiciled in this state to
58045804 electronically submit comments to the committee that
58055805 relate to the measures or matters included on the
58065806 notice for the public hearing. The Committee on House
58075807 Administration shall establish a standard process for
58085808 the electronic submission and posting of public
58095809 comments submitted to house committees.
58105810 CHAPTER E. FLOOR PROCEDURE
58115811 Sec. 12. Rule 5, Sections 11 and 12, and new Rule 5, Section
58125812 20A, relating to admission privileges of accredited media, shall
58135813 read as follows:
58145814 Rule 5, Sec. 11. PRIVILEGES OF THE HOUSE FLOOR.
58155815 Only the following persons shall be entitled to the
58165816 privileges of the floor of the house when the house is
58175817 in session: members of the house; employees of the
58185818 house when performing their official duties as
58195819 determined by the Committee on House Administration;
58205820 members of the senate; employees of the senate when
58215821 performing their official duties; the Governor of
58225822 Texas and the governor's chief of staff and director of
58235823 legislative affairs; the lieutenant governor; the
58245824 secretary of state; duly accredited media
58255825 representatives only as permitted by Section 20(f) of
58265826 this rule; contestants in election cases pending
58275827 before the house; and immediate families of the
58285828 members of the legislature on such special occasions
58295829 as may be determined by the Committee on House
58305830 Administration.
58315831 Rule 5, Sec. 12. ADMITTANCE WITHIN THE RAILING.
58325832 Only the following persons shall be admitted to the
58335833 area on the floor of the house enclosed by the railing
58345834 when the house is in session: members of the house;
58355835 members of the senate; the governor; the lieutenant
58365836 governor; officers and employees of the senate and
58375837 house when those officers and employees are actually
58385838 engaged in performing their official duties as
58395839 determined by the Committee on House Administration;
58405840 and spouses of members of the house on such occasions
58415841 as may be determined by the Committee on House
58425842 Administration.
58435843 Rule 5, Sec. 20A. MEDIA ACCESS TO HOUSE CHAMBER
58445844 UNDER RULE 16. (a) When the house is in session, an
58455845 accredited media representative:
58465846 (1) is entitled to admission to that
58475847 portion of the gallery specifically designated for
58485848 media representatives, subject to available seating;
58495849 and
58505850 (2) is not entitled to admission to the
58515851 floor of the house or allowed its privileges, except as
58525852 permitted by Section 20(f) of this rule.
58535853 (b) A pass card issued under Section 20 of this
58545854 rule must be presented to the sergeant-at-arms each
58555855 time the media representative seeks admission to that
58565856 portion of the gallery specifically designated for
58575857 media representatives. Media representatives
58585858 admitted to that portion of the gallery specifically
58595859 designated for media representatives pursuant to the
58605860 provisions of this section shall work in seats
58615861 designated by the Committee on House Administration
58625862 for use by accredited media representatives.
58635863 Sec. 13. A new Rule 5, Section 19A, relating to face masks
58645864 during floor sessions, shall read as follows:
58655865 Rule 5, Sec. 19A. FACE MASKS REQUIRED DURING
58665866 FLOOR SESSIONS. Each person admitted to the house
58675867 floor or gallery for the purpose of participating in,
58685868 attending, providing support for, or observing house
58695869 proceedings is required to wear at all times a face
58705870 mask that complies with the recommendations of the
58715871 Centers for Disease Control and Prevention. A member
58725872 of the house may temporarily remove the member's face
58735873 mask only while speaking from the front or back
58745874 microphone. An officer or employee of the house or
58755875 senate may temporarily remove the person's face mask
58765876 only while speaking from the front or back microphone
58775877 or as directed by the presiding officer. The speaker,
58785878 or a member presiding under Rule 1, may temporarily
58795879 remove the person's face mask only while speaking from
58805880 the microphone at the speaker's desk.
58815881 Sec. 14. Rule 5, Section 40, relating to recording votes on
58825882 the voting machine, shall read as follows:
58835883 Rule 5, Sec. 40. RECORDING ALL VOTES ON VOTING
58845884 MACHINE. On all votes, except viva voce votes,
58855885 members shall record their votes on the voting machine
58865886 and shall not be recognized by the chair to cast their
58875887 votes from the floor or gallery. If a member attempts
58885888 to vote from the floor or gallery, the speaker shall
58895889 sustain a point of order directed against the member's
58905890 so doing. This rule shall not be applicable to the
58915891 mover or the principal opponent of the proposition
58925892 being voted on nor to a member whose voting machine is
58935893 out of order. If a member demands strict enforcement of
58945894 this section, Section 47 of this rule shall not apply
58955895 to the taking of a vote, and the house may discipline a
58965896 member in violation of this rule pursuant to its
58975897 inherent authority. As used in these rules, the term
58985898 "voting machine" includes a device issued to a member
58995899 by the Texas Legislative Council and configured to
59005900 provide access to a secure website through which the
59015901 member, when present in the house under Section 45 of
59025902 this rule, may:
59035903 (1) register presence during a
59045904 registration; or
59055905 (2) cast a vote during a division or record
59065906 vote.
59075907 Sec. 15. Rule 5, Section 45, relating to areas from which
59085908 voting is allowed, shall read as follows:
59095909 Rule 5, Sec. 45. PRESENCE IN HOUSE REQUIRED IN
59105910 ORDER TO VOTE. A member must be on the floor of the
59115911 house, in the house gallery, or in an adjacent room or
59125912 hallway on the same level as the house floor or
59135913 gallery, in order to vote.
59145914 CHAPTER F. ORDER OF BUSINESS AND CALENDARS
59155915 Sec. 16. Rule 6, Section 1, relating to the daily order of
59165916 business, shall read as follows:
59175917 Rule 6, Sec. 1. DAILY ORDER OF BUSINESS. (a)
59185918 When the house convenes on a new legislative day, the
59195919 daily order of business shall be as follows:
59205920 (1) Call to order by speaker.
59215921 (2) Registration of members.
59225922 (3) Prayer, unless the invocation has been
59235923 given previously on the particular calendar day.
59245924 (4) Pledge of allegiance to the United
59255925 States flag.
59265926 (5) Pledge of allegiance to the Texas
59275927 flag.
59285928 (6) Excuses for absence of members and
59295929 officers.
59305930 (7) First reading and reference to
59315931 committee of bills filed with the chief clerk; and
59325932 motions to introduce bills, when such motions are
59335933 required.
59345934 (8) Requests to print bills and other
59355935 papers; requests of committees for further time to
59365936 consider papers referred to them; and all other
59375937 routine motions and business not otherwise provided
59385938 for, all of which shall be undebatable except that the
59395939 mover and one opponent of the motion shall be allowed
59405940 three minutes each.
59415941 The mover of a routine motion shall be allowed his
59425942 or her choice of making the opening or the closing
59435943 speech under this rule. If the house, under a
59445944 suspension of the rules, extends the time of a member
59455945 under this rule, such extensions shall be for three
59465946 minutes. Subsidiary motions that are applicable to
59475947 routine motions shall be in order, but the makers of
59485948 such subsidiary motions shall not be entitled to speak
59495949 thereon in the routine motion period, nor shall the
59505950 authors of the original routine motions be allowed any
59515951 additional time because of subsidiary motions.
59525952 (9) Unfinished business.
59535953 (10) Third reading calendars of the house
59545954 in their order of priority in accordance with Section 7
59555955 of this rule, unless a different order is determined
59565956 under other provisions of these rules.
59575957 (11) Postponed matters to be laid before
59585958 the house in accordance with Rule 7, Section 15.
59595959 (12) Second reading calendars of the
59605960 house in their order of priority in accordance with
59615961 Section 7 of this rule, unless a different order is
59625962 determined under other provisions of these rules.
59635963 (13) First reading and reference to
59645964 committee of bills filed with the chief clerk; and
59655965 motions to introduce bills, when such motions are
59665966 required.
59675967 (b) When the house reconvenes for the first time
59685968 on a new calendar day following a recess, the daily
59695969 order of business shall be:
59705970 (1) Call to order by the speaker.
59715971 (2) Prayer.
59725972 (3) Pledge of allegiance to the United
59735973 States flag.
59745974 (4) Pledge of allegiance to the Texas
59755975 flag.
59765976 (5) Excuses for absence of members and
59775977 officers.
59785978 (6) Requests to print bills and other
59795979 papers; requests of committees for further time to
59805980 consider papers referred to them; and all other
59815981 routine motions and business not otherwise provided
59825982 for, all of which shall be undebatable except that the
59835983 mover and one opponent of the motion shall be allowed
59845984 three minutes each.
59855985 The mover of a routine motion shall be allowed his
59865986 or her choice of making the opening or the closing
59875987 speech under this rule. If the house, under a
59885988 suspension of the rules, extends the time of a member
59895989 under this rule, such extensions shall be for three
59905990 minutes. Subsidiary motions that are applicable to
59915991 routine motions shall be in order, but the makers of
59925992 such subsidiary motions shall not be entitled to speak
59935993 thereon in the routine motion period, nor shall the
59945994 authors of the original routine motions be allowed any
59955995 additional time because of subsidiary motions.
59965996 (7) Pending business.
59975997 (8) Calendars of the house in their order
59985998 of priority in accordance with Section 7 of this rule,
59995999 unless a different order is determined under other
60006000 provisions of these rules.
60016001 (9) First reading and reference to
60026002 committee of bills filed with the chief clerk; and
60036003 motions to introduce bills, when such motions are
60046004 required.
60056005 CHAPTER G. MOTIONS
60066006 [RESERVED FOR EXPANSION]
60076007 CHAPTER H. BILLS
60086008 Sec. 17. Rule 8, Section 14, relating to distribution of
60096009 committee reports, shall read as follows:
60106010 Rule 8, Sec. 14. DELIVERY PRIOR TO
60116011 CONSIDERATION. (a) Each bill or resolution, except
60126012 the general appropriations bill, shall be delivered to
60136013 each member by making a copy of the bill or resolution
60146014 available in an electronic format for viewing by the
60156015 member and, when the electronic format copy of the
60166016 appropriate printing becomes available, by sending
60176017 notice of that fact to a Capitol e-mail address
60186018 designated by the member, at least 36 hours if convened
60196019 in regular session and 24 hours if convened in special
60206020 session before the bill can be considered by the house
60216021 on second reading. If a member informs the chief clerk
60226022 in writing that the member desires to receive paper
60236023 copies of bills and resolutions under this section in
60246024 addition to delivery in an electronic format, the
60256025 chief clerk shall place a paper copy of the bill or
60266026 resolution in the newspaper box of the member as soon
60276027 as practicable after the electronic copies of the bill
60286028 or resolution are made available for viewing.
60296029 (a-1) At least 168 hours during a regular
60306030 session and at least 72 hours during a special session
60316031 before the general appropriations bill can be
60326032 considered by the house on second reading:
60336033 (1) a copy of the bill must be made
60346034 available to each member in an electronic format; and
60356035 (2) notice of availability of the
60366036 electronic format of the bill must be sent to the
60376037 Capitol e-mail address designated by each member under
60386038 Subsection (a) of this section.
60396039 (a-2) A printed copy of the general
60406040 appropriations bill shall be placed in the newspaper
60416041 mailbox of each member as soon as practicable after the
60426042 requirements of Subsection (a-1) of this section have
60436043 been met.
60446044 (b) By majority vote, the house may order both
60456045 the original bill or resolution and the complete
60466046 committee substitute to be printed. It shall not be
60476047 necessary for the house to order complete committee
60486048 substitutes printed in lieu of original bills.
60496049 (c) A two-thirds vote of the house is necessary
60506050 to order that bills, other than local bills, be not
60516051 printed. It shall not be necessary for the house to
60526052 order that local bills be not printed.
60536053 CHAPTER I. JOINT RESOLUTIONS
60546054 [RESERVED FOR EXPANSION]
60556055 CHAPTER J. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
60566056 [RESERVED FOR EXPANSION]
60576057 CHAPTER K. AMENDMENTS
60586058 [RESERVED FOR EXPANSION]
60596059 CHAPTER L. PRINTING
60606060 [RESERVED FOR EXPANSION]
60616061 CHAPTER M. INTERACTIONS WITH THE GOVERNOR AND SENATE
60626062 [RESERVED FOR EXPANSION]
60636063 CHAPTER N. GENERAL PROVISIONS
60646064 [RESERVED FOR EXPANSION]
60656065 Hunter
60666066 ______________________________
60676067 Speaker of the House
60686068 I certify that H.R. No. 4 was adopted by the House on January
60696069 23, 2025, by the following vote: Yeas 116, Nays 23, 1 present, not
60706070 voting.
60716071 ______________________________
60726072 Chief Clerk of the House