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R E S O L U T I O N
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WHEREAS, the house desires to adopt penalties to reduce the |
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frequency with which members absent themselves without leave for |
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the purpose of impeding the action of the house while ensuring that |
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members' constitutional rights are protected, all penalties herein |
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are proportional to the proscribed conduct, and members' |
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constitutional responsibilities as legislators are not unfairly |
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impaired; now, therefore |
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BE IT RESOLVED by the House of Representatives of the 89th |
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Legislature, that Rule 5, Section 3, of the permanent rules of the |
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House of Representatives of the 89th Legislature is amended to read |
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as follows: |
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Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent |
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from the sessions of the house without leave, and no member shall be |
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excused on his or her own motion. |
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(b) A leave of absence may be granted by a majority vote of |
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the house and may be revoked at any time by a similar vote. |
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(c) Any member granted a leave of absence due to a meeting of |
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a committee or conference committee that has authority to meet |
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while the house is in session shall be so designated on each roll |
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call or registration for which that member is excused. |
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(d) If a member is absent without leave for the purpose of |
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impeding the action of the house, the member is subject to one or |
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more of the following: |
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(1) fines as provided by this section; |
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(2) payment of costs incurred by the sergeant-at-arms; |
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(3) reprimand; |
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(4) censure; [or] |
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(5) recalculation of seniority as provided by this |
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section; |
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(6) loss of designation of appointment as a chair or |
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vice-chair as provided by this section; |
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(7) expulsion in the manner prescribed by Section 11, |
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Article III, Texas Constitution; or |
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(8) any other penalty allowed by the house rules in |
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accordance with Section 10, Article III, Texas Constitution, and |
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this section. |
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(e) Unless the house excuses the payment by a majority vote, |
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each member who is absent without leave is liable to the house for: |
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(1) a fine in an [the] amount equal to three times the |
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per diem set by the Texas Ethics Commission for each day of a |
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regular or special legislative session under Section 24a(e), |
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Article III, Texas Constitution [of $500] for each calendar day of |
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absence; and |
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(2) the member's pro rata share of the costs incurred |
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by the sergeant-at-arms to secure the attendance of absentees. |
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(e-1) (1) Unless the house excuses the following penalty, |
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each member who is absent without leave while the house is operating |
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under a call ordered under this rule shall forfeit the pro rata |
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portion of the member's monthly operating budget for each calendar |
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day of absence. |
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(2) If a penalty under this subsection is not excused, |
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the Committee on House Administration shall direct the House |
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Business Office to debit the member's operating budget by the |
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amount calculated under this subsection. |
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(e-2) (1) Unless the house excuses the following penalty by |
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a majority vote, each member who is absent without leave for at |
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least two consecutive days while the house is operating under a call |
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ordered under this rule loses the member's designation under Rule |
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1, Section 15(a), and Rule 4, Section 2(a)(7), appointment under |
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Rule 1, Section 15(d), and appointment under Rule 4, Section 44, as |
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a chair or vice-chair. |
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(2) If a penalty under this subsection is not excused: |
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(A) a member losing a designation or appointment is not eligible for |
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a new designation or appointment until the convening of the next |
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legislature; and, |
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(B) the speaker or appointing authority, as |
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applicable, may designate or appoint a new chair or vice-chair in |
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the same manner as the original designation or appointment. |
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(e-3) (1) Unless the house excuses the following penalty by |
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a majority vote, each member who is absent without leave for at |
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least three consecutive days while the house is operating under a |
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call ordered under this rule shall have the member's seniority |
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under Rule 3, Section 14(a)(6), and Rule 4, Section 2(3), |
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recalculated to reduce the member's seniority by two (2) years for |
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each calendar day of absence. |
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(2) If a penalty under this subsection is not excused: |
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(A) the chief clerk shall revise the roster prepared under Rule 2, |
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Section 1(b)(5), to reflect all recalculated seniority; and |
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(B) if a member's recalculated seniority falls |
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below another member, the Committee on House Administration may |
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allow members to re-select offices and parking spaces based on |
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recalculated seniority. |
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(f) The Committee on House Administration shall notify a |
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member of the total amount of fines and costs for which payment is |
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not excused. A member must pay the amount stated in the committee's |
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notice by making payment of that amount to the House Business |
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Office not later than the third business day of the first calendar |
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month after the date of the committee's notice. A member may not |
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make any payment from funds in the member's operating account or |
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from funds accepted as political contributions under Title 15, |
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Election Code. If a member does not make full payment as required |
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by this subsection, the committee shall direct the House Business |
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Office to reduce the amount of the monthly credit to the member's |
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operating account established under the housekeeping resolution by |
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30 percent in each month that any amount of a fine remains past due |
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and owing. When a member has made full payment as required by this |
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subsection, the committee shall direct the House Business Office |
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to restore the impounded funds to the member's operating account |
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subject to any limitations on the carrying forward of unexpended |
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funds established by the housekeeping resolution. |
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(g) Before a member is expelled under this section, the |
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matter shall be referred to the Committee on House Administration |
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for investigation and report. A report issued under this |
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subsection shall not be considered by the house until a printed copy |
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of the report has been provided to each member of the house at least |
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24 hours before consideration. |
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(h) Before a penalty described by Subsection (d)(8) may be |
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imposed against a member absent without leave: |
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(1) the Committee on House Administration must adopt a |
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motion identifying the specific penalty that will be imposed if a |
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member who is currently absent without leave does not return to the |
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house; |
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(2) the member must fail to return to the house within |
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twenty-four (24) hours of receiving written notice of the adoption |
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of a motion under Subdivision (1); and, |
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(3) the proposed penalty must be referred to the |
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Committee on House Administration for investigation and report |
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subject to the same restrictions set forth in Subsection (g). |