H.R. No. 22
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That the following are adopted as the permanent rules of
1-3 the House of Representatives of the 73rd <72nd> Legislature:
1-4 RULES OF
1-5 THE HOUSE OF REPRESENTATIVES
1-6 OF THE TEXAS LEGISLATURE
1-7 TABLE OF CONTENTS
1-8 RULE
1-9 1. DUTIES AND RIGHTS OF THE SPEAKER ................... 3
1-10 2. EMPLOYEES .......................................... 10
1-11 3. STANDING COMMITTEES ................................ 26
1-12 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES ..... 71
1-13 5. FLOOR PROCEDURE .................................... 110
1-14 6. ORDER OF BUSINESS AND CALENDARS .................... 129
1-15 7. MOTIONS ............................................ 148
1-16 8. BILLS .............................................. 164
1-17 <9. APPROPRIATIONS BILLS .............................. 174>
1-18 9 <10>. JOINT RESOLUTIONS ............................. 184
1-19 10 <11>. HOUSE RESOLUTIONS, <AND> CONCURRENT
1-20 RESOLUTIONS, AND MOTIONS .................... 186
1-21 11 <12>. AMENDMENTS .................................... 189
1-22 12 <13>. PRINTING ...................................... 196
1-23 13 <14>. INTERACTIONS WITH THE GOVERNOR
1-24 AND SENATE .................................. 200
2-1 14 <15>. GENERAL PROVISIONS ............................ 210
2-2 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
2-3 CHAPTER A. DUTIES AS PRESIDING OFFICER
2-4 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
2-5 enforce, apply, and interpret the rules of the house in all
2-6 deliberations of the house and shall enforce the legislative rules
2-7 prescribed by the statutes and the Constitution of Texas.
2-8 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
2-9 each calendar day precisely at the hour to which the house
2-10 adjourned or recessed at its last sitting and shall immediately
2-11 call the members to order.
2-12 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker shall
2-13 lay before the house its business in the order indicated by the
2-14 rules and shall receive propositions made by members and put them
2-15 to the house.
2-16 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
2-17 proposed legislation shall be referred by the speaker to an
2-18 appropriate standing or select committee with jurisdiction, subject
2-19 to correction by a majority vote of the house. A bill or
2-20 resolution may not be referred simultaneously to more than one
2-21 committee.
2-22 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
2-23 shall preserve order and decorum. In case of disturbance or
2-24 disorderly conduct in the galleries or in the lobby, the speaker
2-25 may order that these areas be cleared. No signs, placards, or
2-26 other objects of similar nature shall be permitted in the rooms,
2-27 lobby, gallery, and hall of the house. The speaker shall see that
3-1 the members of the house conduct themselves in a civil manner in
3-2 accordance with accepted standards of parliamentary conduct and
3-3 may, when necessary, order the sergeant-at-arms to clear the aisles
3-4 and seat the members of the house so that business may be conducted
3-5 in an orderly manner.
3-6 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written request
3-7 of a member, the speaker may recognize persons in the gallery. The
3-8 speaker shall afford that recognition at a convenient place in the
3-9 order of business, considering the need for order and decorum and
3-10 the need for continuity of debate. The request must be made on a
3-11 form prescribed by the Committee on House Administration. The
3-12 speaker may recognize, at a time he or she considers appropriate
3-13 during floor proceedings, the person serving as physician of the
3-14 day.
3-15 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
3-16 rise to put a question but may state it sitting. The question
3-17 shall be put distinctly in this form: "As many as are in favor
3-18 (here state the question or proposition under consideration), say
3-19 'Aye,'" and after the affirmative vote is expressed, "As many as
3-20 are opposed say 'No.'" If the speaker is in doubt as to the
3-21 result, or if a division is called for, the house shall
3-22 divide: those voting in the affirmative on the question shall
3-23 register "Aye" on the voting machine, and those voting in the
3-24 negative on the question shall register "No." Such votes shall not
3-25 be printed in the journal unless a record vote of yeas and nays is
3-26 ordered in accordance with the rules.
3-27 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The speaker
4-1 shall have the same right as other members to vote. If the
4-2 speaker, or a member temporarily presiding, has not voted, he or
4-3 she may cast the deciding vote at the time such opportunity becomes
4-4 official, whether to make or break a tie. If a verification of the
4-5 vote is called for and granted, the decision of the speaker, or a
4-6 member temporarily presiding, to cast the deciding vote need not be
4-7 made until the verification has been completed. In case of error
4-8 in a vote, if the correction leaves decisive effect to the vote of
4-9 the speaker, or a member temporarily presiding, the deciding vote
4-10 may be cast even though the result has been announced.
4-11 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
4-12 on all questions of order; however, such decisions are subject to
4-13 an appeal to the house made by any 10 members. Pending an appeal,
4-14 the speaker shall call a member to the chair, who shall not have
4-15 the authority to entertain or decide any other matter or
4-16 proposition until the appeal has first been determined by the
4-17 house. The question on appeal is, "Shall the chair be sustained?"
4-18 (b) No member shall speak more than once on an appeal unless
4-19 given leave by a majority of the house. No motion shall be in
4-20 order, pending an appeal, except a motion to adjourn, a motion to
4-21 lay on the table, a motion for the previous question, or a motion
4-22 for a call of the house. Responses to parliamentary inquiries and
4-23 decisions of recognition made by the chair may not be appealed.
4-24 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
4-25 CHAIR. The speaker shall have the right to name any member to
4-26 perform the duties of the chair and may name a member to serve as
4-27 speaker pro tempore by delivering a written order to the chief
5-1 clerk and a copy to the journal clerk. A permanent speaker pro
5-2 tempore shall, in the absence or inability of the speaker, call the
5-3 house to order and perform all other duties of the chair in
5-4 presiding over the deliberations of the house and perform other
5-5 duties and exercise other responsibilities as may be assigned by
5-6 the speaker. If the house is not in session, and a permanent
5-7 speaker pro tempore has not been named, or if the speaker pro
5-8 tempore is not available or for any reason is not able to function,
5-9 the speaker may deliver a written order to the chief clerk, with a
5-10 copy to the journal clerk, naming the member who shall call the
5-11 house to order and preside during the speaker's absence. The
5-12 speaker pro tempore shall serve at the pleasure of the speaker.
5-13 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
5-14 emergency of such compelling nature that the speaker must adjourn
5-15 the house without fixing a date and hour of reconvening, the
5-16 speaker shall have authority to determine the date and hour of
5-17 reconvening and to notify the members of the house by any means the
5-18 speaker considers adequate. Should the speaker be disabled or
5-19 otherwise unable to exercise these emergency powers, the permanent
5-20 speaker pro tempore, if one has been named, shall have authority to
5-21 act. If there is no permanent speaker pro tempore, or if that
5-22 officer is unable to act, authority shall be exercised by the chair
5-23 of the Committee on State Affairs, who shall preside until the
5-24 house can proceed to the selection of a temporary presiding officer
5-25 to function until the speaker or the speaker pro tempore is again
5-26 able to exercise the duties and responsibilities of the office.
5-27 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is not
6-1 in session, if the speaker determines that it would be a hazard to
6-2 the safety of the members, officers, employees, and others
6-3 attending the legislature to reconvene at the time determined by
6-4 the house at its last sitting, the speaker may clear the area of
6-5 the capitol under the control of the house and postpone the
6-6 reconvening of the house for a period of not more than 12 hours.
6-7 On making that determination, the speaker shall order the
6-8 sergeant-at-arms to post an assistant at each first floor entrance
6-9 to the capitol and other places and advise all persons entering of
6-10 the determination and the time set for the house to reconvene. The
6-11 speaker shall also notify the journal clerk and the news media of
6-12 the action, and the action shall be entered in the house journal.
6-13 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
6-14 resolutions, and concurrent resolutions shall be signed by the
6-15 speaker in the presence of the house, as required by the
6-16 constitution; and all writs, warrants, and subpoenas issued by
6-17 order of the house shall be signed by the speaker and attested by
6-18 the chief clerk, or the person acting as chief clerk.
6-19 CHAPTER B. ADMINISTRATIVE DUTIES
6-20 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
6-21 have general control, except as otherwise provided by law, of the
6-22 hall of the house, its lobbies, galleries, corridors, and passages,
6-23 and other rooms in those parts of the capitol assigned to the use
6-24 of the house; except that the hall of the house shall not be used
6-25 for any meeting other than legislative meetings during any regular
6-26 or special session of the legislature unless specifically
6-27 authorized by resolution.
7-1 <Sec. 15. JURISDICTION OVER OFFICERS AND EMPLOYEES. The
7-2 speaker shall select and appoint all officers and employees of the
7-3 house except employees of individual members and committees and
7-4 shall have the right to discharge any of them. This authority may
7-5 be delegated to the Committee on House Administration to the extent
7-6 and for the length of time the speaker determines. In the event of
7-7 the absence, resignation, or death of any officer or employee of
7-8 the house, the speaker may designate a person to take charge of and
7-9 attend to all the duties of the office affected until the officer
7-10 returns or until a successor is chosen. Officers and employees of
7-11 the house shall receive the compensation that the speaker or
7-12 Committee on House Administration determines.>
7-13 Sec. 15 <16>. STANDING COMMITTEE APPOINTMENTS. (a) The
7-14 speaker shall designate the chair and vice-chair of each standing
7-15 substantive committee and shall also appoint membership of the
7-16 committee, subject to the provisions of Rule 4, Section 2.
7-17 (b) If members of equal seniority request the same
7-18 committee, the speaker shall decide which among them shall be
7-19 assigned to that committee.
7-20 (c) In announcing the membership of the standing substantive
7-21 committees, the speaker shall designate which are appointees and
7-22 which acquire membership by seniority.
7-23 (d) The speaker shall appoint the chair and vice-chair of
7-24 each standing procedural committee and the remaining membership of
7-25 the committee.
7-26 <(e) All chairs and vice-chairs appointed by the speaker
7-27 under these rules shall serve at the pleasure of the speaker.>
8-1 <Sec. 17. DESIGNATION OF CHAIR AND VICE-CHAIR FOR BUDGET AND
8-2 OVERSIGHT. Except for those substantive committees listed in Rule
8-3 9, Section 7(c), for each substantive committee to which portions
8-4 of the general appropriations bill may be assigned, the speaker
8-5 shall designate members of that committee to serve as chair and
8-6 vice-chair for budget and oversight.>
8-7 Sec. 16 <18>. APPOINTMENT OF SELECT AND CONFERENCE
8-8 COMMITTEES. Except as otherwise provided by law or by the rules of
8-9 the house or as otherwise specifically directed by the house, the
8-10 speaker shall appoint all select committees and all conference
8-11 committees. The speaker shall name the chair of each select
8-12 committee and each conference committee, and may also name the
8-13 vice-chair thereof. A select committee shall be created by
8-14 proclamation of the speaker and has the authority and duties
8-15 specified in the proclamation. A copy of each proclamation
8-16 creating a select committee shall be filed with the chief clerk.
8-17 Sec. 17 <19>. INTERIM STUDIES. When the legislature is not
8-18 in session, the speaker shall have the authority to direct
8-19 <standing and select> committees to make interim studies for such
8-20 purposes as the speaker may designate, and the <standing and
8-21 select> committees shall meet as often as necessary to transact
8-22 effectively the business assigned to them. The speaker shall
8-23 provide to the chief clerk a copy of interim charges made to a
8-24 standing or select committee.
8-25 RULE 2. EMPLOYEES
8-26 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
8-27 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
9-1 (1) be the custodian of all bills and resolutions;
9-2 (2) number in the order of their filing, with a
9-3 separate sequence for each category, all bills, joint resolutions,
9-4 concurrent resolutions, <and> house resolutions, congratulatory
9-5 motions, and memorial motions;
9-6 (3) provide for the keeping of a complete record of
9-7 introduction and action on all bills and resolutions, including the
9-8 number, author, brief description of the subject matter, committee
9-9 reference, and the time sequence of action taken on all bills and
9-10 resolutions to reflect at all times their status in the legislative
9-11 process;
9-12 (4) on the day of numbering a bill relating to a
9-13 conservation and reclamation district created under Article XVI,
9-14 Section 59, of the Texas Constitution, send two copies of the bill,
9-15 with two copies of the notice of intention to introduce the bill,
9-16 to the governor and notify the journal clerk of the action;
9-17 (5) receive the recommendations of the Texas Water
9-18 Commission on a bill forwarded to the commission under Article XVI,
9-19 Section 59, of the Texas Constitution, attach them to the bill to
9-20 which they apply, and notify the journal clerk that the
9-21 recommendations have been filed;
9-22 (6) on the day of numbering, or of receiving from the
9-23 senate, a bill creating a conservation and reclamation district
9-24 under the authority of Article XVI, Section 59, of the Texas
9-25 Constitution, forward a copy of the bill to the Texas Water
9-26 Development Board and Texas Water Commission for preparation of a
9-27 water development policy impact statement if one is not already
10-1 attached;
10-2 (7) forward to the committee chair a certified copy of
10-3 each legislative document referred to a committee along with
10-4 certified copies of all official attachments to the document;
10-5 (8) have printed and distributed correct copies of all
10-6 legislative documents, as provided in the subchapter on printing,
10-7 and keep an exact record of the date and hour of transmittal to the
10-8 printer, return from the printer, and distribution of the document
10-9 to members of the house with that information time-stamped on the
10-10 originals of the document;
10-11 (9) certify the passage of bills and resolutions,
10-12 noting on them the date of passage and the vote by which passed, if
10-13 by record vote;
10-14 (10) be responsible for engrossing all house bills and
10-15 resolutions that have passed second reading and those that have
10-16 passed third reading, and for enrolling all house bills and
10-17 resolutions that have passed both houses.
10-18 All engrossed and enrolled documents shall be prepared
10-19 without erasures, interlineations, or additions in the margin.
10-20 House concurrent resolutions passed without amendment
10-21 shall not be engrossed but shall be certified and forwarded
10-22 directly to the senate.
10-23 Engrossed riders may be used in lieu of full
10-24 engrossment on second reading passage;
10-25 (11) be authorized to amend the caption to conform to
10-26 the body of each house bill and joint resolution ordered engrossed
10-27 or finally passed;
11-1 (12) be responsible for noting on each house bill or
11-2 joint resolution, for certification by the speaker of the house,
11-3 the lieutenant governor, the chief clerk of the house, and the
11-4 secretary of the senate, the following information:
11-5 (A) date of final passage, and the vote on final
11-6 passage, if by record vote, or the notation "Nonrecord Vote," if
11-7 not by record vote. If the bill was amended in the senate, this
11-8 fact shall also be noted;
11-9 (B) date of concurrence by the house in senate
11-10 amendments, and the vote on concurrence, if by record vote, or the
11-11 notation "Nonrecord Vote," if not by record vote;
11-12 (C) date of adoption by each house of a
11-13 conference committee report and the vote on adoption, if by record
11-14 vote, or the notation "Nonrecord Vote," if not by record vote;
11-15 (D) that a bill containing an appropriation was
11-16 passed subject to the provisions of Article III, Section 49a, of
11-17 the Texas Constitution; and
11-18 (E) that a concurrent resolution was adopted by
11-19 both houses directing the correction of an enrolled bill, if
11-20 applicable;
11-21 (13) transmit over signature all messages from the
11-22 house to the senate, including typewritten copies of amendments to
11-23 senate bills;
11-24 (14) prepare copies of senate amendments to house
11-25 bills for the journal before the amendments and the bill or
11-26 resolution to which they relate are sent to the printer or to the
11-27 speaker;
12-1 (15) notify the speaker in writing that the senate did
12-2 not concur in house amendments to a bill or resolution and requests
12-3 a conference committee, and include in this notice the names of the
12-4 senate conferees; and
12-5 (16) provide a certified copy of a house bill or
12-6 resolution which may be lost showing each parliamentary step taken
12-7 on the bill.
12-8 (b) The chief clerk shall also:
12-9 (1) attest all writs, warrants and subpoenas issued by
12-10 order of the house;
12-11 (2) provide for issuance of an identification card to
12-12 each member and employee of the house;
12-13 (3) receive reports of select committees and forward
12-14 copies to the speaker and journal clerk;
12-15 (4) not later than 30 days after the close of each
12-16 session, acquire from each of the various clerks of the house,
12-17 except the journal clerk, all reports, records, bills, papers, and
12-18 other documents remaining in their possession and file them with
12-19 the Legislative Reference Library, unless otherwise provided by
12-20 law;
12-21 (5) receive and file all other documents required by
12-22 law or by the rules of the house;
12-23 (6) prepare a roster of members in order of seniority
12-24 showing the number of years of service of each member, as provided
12-25 in Rule 4, Section 2; and
12-26 (7) have printed and distributed the list of Items
12-27 Eligible for Consideration as required by the rules.
13-1 (c) The chief clerk shall also provide for the following to
13-2 be made available on the electronic legislative information system
13-3 at the same time that the corresponding copies are placed in the
13-4 members' newspaper mailboxes:
13-5 (1) all house calendars and lists of items eligible
13-6 for consideration and the time-stamp information for those
13-7 calendars and lists; and
13-8 (2) the time-stamp information for all official
13-9 printings of bills and resolutions.
13-10 (d) The chief clerk shall also:
13-11 (1) maintain duplicate originals of committee minutes
13-12 as required by Rule 4, Sections 18(b) and (c);
13-13 (2) maintain sworn statements from witnesses appearing
13-14 before committees as required by Rule 4, Section 20(c);
13-15 (3) under the direction of the Committee on House
13-16 Administration, prescribe the form of the sworn statements for
13-17 witnesses; and
13-18 (4) as directed by the chair of a committee, post
13-19 committee meeting notices in accordance with the rules.
13-20 Sec. 2. JOURNAL CLERK. The journal clerk shall:
13-21 (1) keep a journal of the proceedings of the house,
13-22 except when the house is acting as a committee of the whole, and
13-23 enter the following:
13-24 (A) the number, author, and caption of every
13-25 bill introduced;
13-26 (B) descriptions of all congratulatory and
13-27 memorial resolutions on committee report, motions, amendments,
14-1 questions of order and decisions on them, messages from the
14-2 governor, and messages from the senate;
14-3 (C) the summaries of congratulatory and memorial
14-4 resolutions and motions, as printed on <in> the congratulatory and
14-5 memorial <resolutions> calendar;
14-6 (D) the number of each bill, joint resolution,
14-7 and concurrent resolution signed in the presence of the house;
14-8 (E) a listing of reports made by standing
14-9 committees;
14-10 (F) reports of select committees, when ordered
14-11 by the house;
14-12 (G) every record vote or registration of the
14-13 house with a concise statement of the action and the result;
14-14 (H) the names of all absentees, both excused and
14-15 not excused;
14-16 (I) senate amendments to house bills or
14-17 resolutions, when concurred in by the house;
14-18 (J) the date each bill is transmitted to the
14-19 governor;
14-20 (K) the date recommendations of the Texas Water
14-21 Commission on each bill subject to Article XVI, Section 59, of the
14-22 Texas Constitution, are filed with the chief clerk;
14-23 (L) all pairs as a part of a record vote;
14-24 (M) reasons for a vote, when filed with the
14-25 journal clerk within two hours of the time the vote was taken;
14-26 (N) the vote of a member on a record or
14-27 nonrecord vote, when filed with the journal clerk within 1 hour of
15-1 the time the result of the vote was announced by the chair; and
15-2 (O) official state documents, reports, and other
15-3 matters, when ordered by the house;
15-4 (2) prepare a daily journal for each calendar day that
15-5 the house is in session and distribute copies to the members of the
15-6 house on the succeeding calendar day or the earliest possible date;
15-7 and
15-8 (3) prepare and have printed a permanent house journal
15-9 of regular and special sessions in accordance with the law and the
15-10 following provisions:
15-11 (A) When completed, no more than 300 copies
15-12 shall be bound and distributed as follows:
15-13 (i) one copy to each member of the house
15-14 of representatives;
15-15 (ii) one copy to each member of the
15-16 senate; and
15-17 (iii) the remainder of the copies to be
15-18 distributed by the Committee on House Administration.
15-19 (B) The journal clerk shall not receive or
15-20 receipt for the permanent house journal until it has been correctly
15-21 published.
15-22 Sec. 3. READING CLERKS. The reading clerks, under the
15-23 supervision of the journal clerk, shall:
15-24 (1) call the roll of the house in alphabetical order
15-25 when ordered to do so by the speaker;
15-26 (2) open and close the voting machine on registrations
15-27 and record votes as ordered by the speaker;
16-1 (3) record votes from the floor as directed by the
16-2 speaker;
16-3 (4) read all bills, resolutions, motions, and other
16-4 matters required by the rules or directed by the speaker;
16-5 (5) prepare official copies of all record votes for
16-6 the journal;
16-7 (6) make no additions, subtractions, or other changes
16-8 in any record vote or registration unless specifically granted
16-9 permission by the house or directed by the speaker prior to the
16-10 announcement of the final result; and
16-11 (7) lock the voting machine of each member who is
16-12 excused or who is otherwise known to be absent when the house is in
16-13 session, until the member personally requests unlocking the
16-14 machine.
16-15 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
16-16 (1) under the direction of the speaker, have charge of
16-17 and maintain order in the hall of the house, its lobbies and
16-18 galleries, and all other rooms in the capitol assigned for the use
16-19 of the house of representatives;
16-20 (2) attend the house and the committee of the whole
16-21 during all meetings and maintain order under the direction of the
16-22 speaker or other presiding officer;
16-23 (3) execute the commands of the house and serve the
16-24 writs and processes issued by the authority of the house and
16-25 directed by the speaker;
16-26 (4) supervise assistants to the sergeant-at-arms who
16-27 shall aid in the performance of prescribed duties and have the same
17-1 authority, subject to the control of the speaker;
17-2 (5) clear the floor of the house of all persons not
17-3 entitled to the privileges of the floor at least 30 minutes prior
17-4 to the convening of each session of the house;
17-5 (6) bring in absent members when so directed under a
17-6 call of the house;
17-7 (7) not allow the distribution of any printed matter
17-8 in the hall of the house, other than newspapers that have been
17-9 published at least once a week for a period of one year, unless it
17-10 first has been authorized in writing by at least one member of the
17-11 house and the name of the member appears on the printed matter.
17-12 The sergeant-at-arms shall refuse to accept for distribution any
17-13 printed matter which does not bear the name of the member or
17-14 members authorizing the distribution;
17-15 (8) keep a copy of written authorization and a record
17-16 of the matter distributed in the permanent files of the house;
17-17 (9) enforce parking regulations applicable to areas of
17-18 the capitol complex under the control of the house and supervise
17-19 parking attendants; and
17-20 (10) supervise the doorkeeper.
17-21 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-22 of the sergeant-at-arms, shall:
17-23 (1) enforce strictly the rules of the house relating
17-24 to privileges of the floor and perform other duties as directed by
17-25 the speaker;
17-26 (2) close the main entrance and permit no member to
17-27 leave the house without written permission from the speaker when a
18-1 call of the house or a call of the committee of the whole is
18-2 ordered, take up permission cards as members leave the hall, and
18-3 take up permission cards of those who are admitted to the floor of
18-4 the house under the rules and practice of the house;
18-5 (3) obtain recognition from the speaker and announce a
18-6 messenger from the governor or the senate on arrival at the bar of
18-7 the house; and
18-8 (4) obtain recognition from the speaker and announce
18-9 the arrival of the governor or the senate on arrival at the bar of
18-10 the house for official proceedings in the house.
18-11 Sec. 6. CHAPLAIN. The chaplain shall open the first session
18-12 on each calendar day with a prayer and shall perform such other
18-13 duties as directed by the Committee on House Administration.
18-14 <Sec. 7. COMMITTEE COORDINATOR. The committee coordinator,
18-15 or the committee coordinator's designee, shall:>
18-16 <(1) maintain duplicate originals of committee minutes
18-17 as required by Rule 4, Sections 19(b) and (c);>
18-18 <(2) maintain sworn statements from witnesses
18-19 appearing before committees as required by Rule 4, Section 21(c);>
18-20 <(3) for each bill or resolution on committee report,
18-21 verify compliance with appropriate sections of the House Rules;>
18-22 <(4) endorse all committee reports before forwarding
18-23 them to the chief clerk for printing;>
18-24 <(5) under the direction of the Committee on House
18-25 Administration, prepare a schedule for regular meetings of all
18-26 standing committees;>
18-27 <(6) under the direction of the Committee on House
19-1 Administration, prescribe the form of the sworn statements for
19-2 witnesses;>
19-3 <(7) as directed by the chair of a committee, post
19-4 committee meeting notices in accordance with the rules; and>
19-5 <(8) provide other necessary assistance to standing
19-6 and special committees.>
19-7 <CHAPTER B. CONDITIONS OF EMPLOYMENT>
19-8 <Sec. 8. EMPLOYEES OF THE HOUSE. Employees of the house
19-9 shall:>
19-10 <(1) be on duty on the days and hours determined by
19-11 the Committee on House Administration or the speaker;>
19-12 <(2) perform all duties directed by the Committee on
19-13 House Administration or the speaker;>
19-14 <(3) be allowed to appear before a standing or select
19-15 committee on a measure when granted permission by majority vote of
19-16 the committee;>
19-17 <(4) not enter the house chamber when the house is in
19-18 session except when performing their official duties;>
19-19 <(5) not enter the area on the floor of the house
19-20 enclosed by the railing when the house is in session except when
19-21 specifically authorized by the Committee on House Administration;>
19-22 <(6) not cast a vote for a member on the voting
19-23 machine or otherwise;>
19-24 <(7) not compile or release any information concerning
19-25 the voting record of any member of the house for any session of the
19-26 legislature except when a member requests information about that
19-27 member's personal voting record, or when the information is for the
20-1 journal or other official records;>
20-2 <(8) not campaign or assist in the campaign of any
20-3 candidate for speaker;>
20-4 <(9) not attempt to, or aid anyone in an attempt to,
20-5 influence any member of the house in favor of or against any
20-6 measure pending before the legislature, either directly or
20-7 indirectly, except when answering questions or giving information
20-8 at the request of a member of the house;>
20-9 <(10) not be permitted to receive, directly or
20-10 indirectly, any compensation, by gift or otherwise, from any other
20-11 source, unless specifically authorized by the speaker or the
20-12 Committee on House Administration; and>
20-13 <(11) be subject to immediate discharge by the
20-14 Committee on House Administration or the speaker for violation of
20-15 any provision of this rule or any other applicable rule.>
20-16 <Sec. 9. EMPLOYEES OF COMMITTEES. Employees of committees
20-17 shall:>
20-18 <(1) be on duty on the days and hours determined by
20-19 the chair;>
20-20 <(2) perform all duties directed by the chair;>
20-21 <(3) be allowed to appear before a standing or select
20-22 committee on a measure when granted permission by majority vote of
20-23 the committee;>
20-24 <(4) not enter the house chamber when the house is in
20-25 session except when they are performing their official duties and
20-26 are specifically authorized to do so by the Committee on House
20-27 Administration or the speaker;>
21-1 <(5) not enter the area on the floor of the house
21-2 enclosed by the railing when the house is in session except when
21-3 specifically authorized by the Committee on House Administration or
21-4 the speaker;>
21-5 <(6) not cast a vote for a member on the voting
21-6 machine or otherwise;>
21-7 <(7) not compile or release any information concerning
21-8 the voting record of any member of the house for any session of the
21-9 legislature except when a member requests information about that
21-10 member's personal voting record, or when the information is for the
21-11 journal or other official records;>
21-12 <(8) not campaign or assist in the campaign of any
21-13 candidate for speaker;>
21-14 <(9) not attempt to, or aid anyone in an attempt to,
21-15 influence any member of the house in favor of or against any
21-16 measure pending before the legislature, either directly or
21-17 indirectly, except when answering questions or giving information
21-18 at the request of a member of the house;>
21-19 <(10) not be permitted to receive, directly or
21-20 indirectly, any compensation, by gift or otherwise, from any other
21-21 source, unless specifically authorized by the speaker or the
21-22 Committee on House Administration; and>
21-23 <(11) be subject to immediate discharge by the chair,
21-24 the Committee on House Administration, or the speaker for violation
21-25 of any provision of this rule or any other applicable rule.>
21-26 <Sec. 10. EMPLOYEES OF INDIVIDUAL MEMBERS. (a) Employees
21-27 of individual members shall:>
22-1 <(1) be on duty on the days and hours determined by
22-2 the individual member;>
22-3 <(2) perform all duties directed by the individual
22-4 member;>
22-5 <(3) be allowed to appear before a standing or select
22-6 committee on a measure when granted permission by majority vote of
22-7 the committee;>
22-8 <(4) not enter the house chamber when the house is in
22-9 session except when they are performing their official duties and
22-10 are specifically authorized to do so by the Committee on House
22-11 Administration or the speaker;>
22-12 <(5) not enter the area on the floor of the house
22-13 enclosed by the railing when the house is in session except when
22-14 specifically authorized by the Committee on House Administration or
22-15 the speaker;>
22-16 <(6) not cast a vote for a member on the voting
22-17 machine or otherwise;>
22-18 <(7) not compile or release any information concerning
22-19 the voting record of any member of the house for any session of the
22-20 legislature except when a member requests information about that
22-21 member's personal voting record, or when the information is for the
22-22 journal or other official records unless specifically authorized by
22-23 the individual member;>
22-24 <(8) not campaign or assist in the campaign of any
22-25 candidate for speaker unless specifically authorized by the
22-26 individual member;>
22-27 <(9) not attempt to, or aid anyone in an attempt to,
23-1 influence any member of the house in favor of or against any
23-2 measure pending before the legislature, either directly or
23-3 indirectly, except when answering questions or giving information
23-4 at the request of a member of the house;>
23-5 <(10) not be permitted to receive, directly or
23-6 indirectly, any compensation, by gift or otherwise, from any other
23-7 source, unless specifically authorized by the speaker or the
23-8 Committee on House Administration; and>
23-9 <(11) be subject to immediate discharge by the member,
23-10 the Committee on House Administration, or the speaker for violation
23-11 of any provision of this rule or any other applicable rule.>
23-12 <The Committee on House Administration or the speaker may
23-13 discharge a member's employee when the grievance procedure as
23-14 outlined in Subsection (c) of this section is complied with.>
23-15 <(b) For purposes of this section, an employee of the
23-16 speaker is an employee of an individual member.>
23-17 <(c) The member employing any employee who violates any
23-18 applicable rule shall be advised of the violation by the speaker or
23-19 the Committee on House Administration, and the employing member
23-20 shall take appropriate action with regard to the employee in
23-21 question. Any employee of an individual member who commits a
23-22 second violation of the rules shall be subject to a hearing before
23-23 the Committee on Rules and Resolutions to determine if a
23-24 recommendation of dismissal of said employee should be made to the
23-25 Committee on House Administration for appropriate action.>
23-26 <Sec. 11. OFFICE HOURS. All offices of the house shall be
23-27 open on days and hours determined by the Committee on House
24-1 Administration or the speaker and other hours that the house or its
24-2 committees are in session.>
24-3 <Sec. 12. PERIOD OF EMPLOYMENT. The period of employment of
24-4 all employees shall be determined by the employing authority,
24-5 except that all employees shall be terminated not later than the
24-6 Monday preceding the convening of a regular session.>
24-7 RULE 3. STANDING COMMITTEES
24-8 Sec. 1. AGRICULTURE AND WILDLIFE MANAGEMENT. The committee
24-9 shall have 11 members, with jurisdiction over all matters
24-10 pertaining to:
24-11 (1) agriculture, horticulture, and farm husbandry;
24-12 (2) livestock and stock raising, and the livestock
24-13 industry;
24-14 (3) the development and preservation of forests, and
24-15 the regulation, control, and promotion of the lumber industry;
24-16 (4) the creation, operation, and control of state
24-17 parks;
24-18 (5) the regulation and control of the propagation and
24-19 preservation of wildlife and fish in the state;
24-20 (6) hunting and fishing in the state, and the
24-21 regulation and control thereof;
24-22 (7) the development and regulation of the fish and
24-23 oyster industries of the state; and
24-24 (8) the following state agencies: the Department of
24-25 Agriculture, the Texas Animal Health Commission, the State Soil and
24-26 Water Conservation Board, the Texas Forest Service, the Office of
24-27 Chief Apiary Inspector, the Texas Agricultural Experiment Station,
25-1 the Texas Agricultural Extension Service, the Poultry Improvement
25-2 Board, the Natural Fibers and Food Protein Commission, the State
25-3 Seed and Plant Board, the State Board of Veterinary Medical
25-4 Examiners, the Texas Veterinary Medical Diagnostic Laboratory, the
25-5 Dairy Advisory Board, the Egg Marketing Advisory Board, the Family
25-6 Farm and Ranch Advisory Council, the Produce Recovery Fund Board,
25-7 the Texas Structural Pest Control Board, the Predatory Animal and
25-8 Rodent Control Service, the Office of Gulf States Marine Fisheries
25-9 Compact Commissioner for Texas, and the Parks and Wildlife
25-10 Department.
25-11 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
25-12 members, with jurisdiction over:
25-13 (1) all bills and resolutions appropriating money from
25-14 the state treasury;
25-15 (2) all bills and resolutions containing provisions
25-16 resulting in automatic allocation of funds from the state
25-17 treasury;
25-18 (3) all bills and resolutions diverting funds from the
25-19 state treasury or preventing funds from going in that otherwise
25-20 would be placed in the state treasury; and
25-21 (4) all matters pertaining to claims and accounts
25-22 filed with the legislature against the state unless jurisdiction
25-23 over those bills and resolutions is specifically granted by these
25-24 rules to some other standing committee.
25-25 (b) The appropriations committee may comment upon any bill
25-26 or resolution containing a provision resulting in an automatic
25-27 allocation of funds.
26-1 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have 11
26-2 members, with jurisdiction over all matters pertaining to:
26-3 (1) industry and manufacturing;
26-4 (2) industrial safety and adequate and safe working
26-5 conditions, and the regulation and control of those conditions;
26-6 (3) hours, wages, collective bargaining, and the
26-7 relationship between employers and employees;
26-8 (4) the regulation of business transactions and
26-9 transactions involving property interests;
26-10 (5) the organization, incorporation, management, and
26-11 regulation of private corporations and professional associations
26-12 and the Uniform Commercial Code and the Limited Partnership Act;
26-13 (6) the protection of consumers, governmental
26-14 regulations incident thereto, the agencies of government authorized
26-15 to regulate such activities, and the role of the government in
26-16 consumer protection; and
26-17 (7) the following state agencies: the Texas Workers'
26-18 Compensation Commission and the Texas Workers' Compensation
26-19 Research Center.
26-20 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
26-21 members, with jurisdiction over:
26-22 (1) the placement of bills and resolutions on
26-23 appropriate calendars, except those within the jurisdiction of the
26-24 Committee on Rules and Resolutions;
26-25 (2) the determination of priorities and proposal of
26-26 rules for floor consideration of such bills and resolutions; and
26-27 (3) all other matters concerning the calendar system
27-1 and the expediting of the business of the house as may be assigned
27-2 by the speaker.
27-3 Sec. 5. CORRECTIONS. The committee shall have 11 members,
27-4 with jurisdiction over all matters pertaining to:
27-5 (1) the incarceration and rehabilitation of convicted
27-6 felons;
27-7 (2) the establishment and maintenance of programs that
27-8 provide alternatives to incarceration;
27-9 (3) the commitment and rehabilitation of youths;
27-10 (4) the construction, operation, and management of
27-11 correctional facilities of the state and facilities used for the
27-12 commitment and rehabilitation of youths; and
27-13 (5) the following state agencies: the Texas
27-14 Department of Criminal Justice, the Board of Pardons and Paroles,
27-15 the Texas Juvenile Probation Commission, the Texas Youth
27-16 Commission, the Texas Work Furlough Program Advisory Board, the
27-17 Texas Punishment Standards Commission, the Interagency Council on
27-18 Sex Offender Treatment, the Texas Council on Offenders with Mental
27-19 Impairments, and the Criminal Justice Policy Council.
27-20 Sec. 6. COUNTY AFFAIRS. The committee shall have 11
27-21 members, with jurisdiction over all matters pertaining to:
27-22 (1) counties, including their organization, creation,
27-23 boundaries, government, and finance and the compensation and duties
27-24 of their officers and employees;
27-25 (2) establishing districts for the election of
27-26 governing bodies of counties;
27-27 (3) regional councils of governments;
28-1 (4) multicounty boards or commissions;
28-2 (5) relationships or contracts between counties;
28-3 (6) other units of local government; and
28-4 (7) the following state agency: the Commission on
28-5 Jail Standards.
28-6 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have 11
28-7 members, with jurisdiction over all matters pertaining to:
28-8 (1) criminal law, prohibitions, standards, and
28-9 penalties;
28-10 (2) probation and parole;
28-11 (3) criminal procedure in the courts of Texas;
28-12 (4) revision or amendment of the Penal Code;
28-13 (5) fines and penalties arising under civil laws; and
28-14 (6) the following state agencies: the Office of State
28-15 Prosecuting Attorney, the Office of Interstate Parole Compact
28-16 Administrator for Texas, and the Texas Advisory Council on Juvenile
28-17 Services.
28-18 Sec. 8. ECONOMIC DEVELOPMENT. The committee shall have 11
28-19 members, with jurisdiction over all matters pertaining to:
28-20 (1) commerce, trade, and manufacturing;
28-21 (2) economic and industrial development;
28-22 (3) job creation and job-training programs;
28-23 (4) hours, wages, collective bargaining, and the
28-24 relationship between employers and employees;
28-25 (5) unemployment compensation, including coverage,
28-26 benefits, taxes, and eligibility;
28-27 (6) boiler inspection and safety standards and
29-1 regulation;
29-2 (7) labor unions and their organization, control,
29-3 management, and administration;
29-4 (8) weights and measures;
29-5 (9) advances in science and technology, including
29-6 telecommunications, electronic technology, and automated data
29-7 processing and the regulation of those industries;
29-8 (10) the promotion of scientific research,
29-9 technological development, and technology transfer in the state;
29-10 (11) matters relating to cooperation of state and
29-11 local governments with the scientific and technological community,
29-12 which includes industry, the universities, and federal governmental
29-13 laboratories; and
29-14 (12) the following state agencies: the Texas
29-15 Department of Commerce, the Texas Employment Commission, the Texas
29-16 Space Commission, and the Texas National Research Laboratory
29-17 Commission.
29-18 Sec. 9. ELECTIONS. The committee shall have 11 members,
29-19 with jurisdiction over all matters pertaining to:
29-20 (1) the right of suffrage in Texas;
29-21 (2) primary, special, and general elections;
29-22 (3) revision, modification, amendment, or change of
29-23 the Election Code;
29-24 (4) the secretary of state in relation to elections;
29-25 (5) campaign finance; and
29-26 (6) the following state agency: the Office of the
29-27 Secretary of State.
30-1 Sec. 10. ENERGY RESOURCES. The committee shall have 11
30-2 members, with jurisdiction over all matters pertaining to:
30-3 (1) the conservation of the energy resources of
30-4 Texas;
30-5 (2) the production, regulation, transportation, and
30-6 development of oil, gas, and other energy resources;
30-7 (3) mining and the development of mineral deposits
30-8 within the state;
30-9 (4) the leasing and regulation of mineral rights under
30-10 public lands;
30-11 (5) pipelines, pipeline companies, and all others
30-12 operating as common carriers in the state;
30-13 (6) electric utility regulation as it relates to
30-14 energy production and consumption; and
30-15 (7) the following state agencies: the Texas Railroad
30-16 Commission, the Office of Interstate Oil Compact Commissioner for
30-17 Texas, the Office of Interstate Mining Compact Commissioner for
30-18 Texas, the Office of Southern States Energy Board Member for Texas,
30-19 the Veterans' Land Board, the School Land Board, and the General
30-20 Land Office.
30-21 Sec. 11. ENVIRONMENTAL REGULATION. The committee shall have
30-22 11 members, with jurisdiction over all matters pertaining to:
30-23 (1) air, land, and water pollution, including the
30-24 environmental regulation of industrial development;
30-25 (2) the regulation of waste disposal;
30-26 (3) environmental matters that are regulated by the
30-27 General Land Office, Texas Air Control Board, Department of Public
31-1 Health, Texas Natural Resource Conservation Commission, or Texas
31-2 Water Commission;
31-3 (4) oversight of the Texas Natural Resource
31-4 Conservation Commission as it relates to environmental regulation;
31-5 and
31-6 (5) the following state agencies: the Texas Air
31-7 Control Board, the Coastal Conservation Council, the Pollution
31-8 Prevention Council, the Texas Agriculture Resources Protection
31-9 Authority, and the Texas Low-Level Radioactive Waste Disposal
31-10 Authority.
31-11 Sec. 12. GENERAL INVESTIGATING (PROCEDURAL). (a) The
31-12 General Investigating Committee consists of five members of the
31-13 house appointed by the speaker. The speaker shall appoint the
31-14 chair and the vice-chair of the committee.
31-15 (b) The general investigating committee has all the powers
31-16 and duties and shall operate according to the procedures prescribed
31-17 by Subchapter B, Chapter 301, Government Code, and the rules of the
31-18 house, as applicable.
31-19 Sec. 13. HIGHER EDUCATION. The committee shall have 11
31-20 members, with jurisdiction over all matters pertaining to:
31-21 (1) education beyond high school;
31-22 (2) the colleges and universities of the State of
31-23 Texas; and
31-24 (3) the following state agencies: the Board for Lease
31-25 of University Lands, the Texas Engineering Experiment Station, the
31-26 Texas Engineering Extension Service, the Texas Higher Education
31-27 Coordinating Board, Texas University Systems, the Texas Guaranteed
32-1 Student Loan Corporation, the State Rural Medical Education Board,
32-2 and the Texas Transportation Institute.
32-3 Sec. 14. HOUSE ADMINISTRATION (PROCEDURAL). The committee
32-4 shall have 11 members, with jurisdiction over:
32-5 (1) administrative operation of the house and its
32-6 employees;
32-7 (2) the general house fund, with full control over all
32-8 expenditures from the fund;
32-9 (3) all property, equipment, and supplies obtained by
32-10 the house for its use and the use of its members;
32-11 (4) all office space available for the use of the
32-12 house and its members;
32-13 (5) the assignment of vacant office space, vacant
32-14 parking spaces, and vacant desks on the house floor to members with
32-15 seniority based on cumulative years of service in the house, except
32-16 that the committee may make these assignments based on physical
32-17 disability of a member where it deems proper;
32-18 (6) all admissions to the floor during sessions of the
32-19 house;
32-20 (7) all proposals to invite nonmembers to appear
32-21 before or address the house or a joint session;
32-22 (8) all radio broadcasting and televising, live or
32-23 recorded, of sessions of the house;
32-24 (9) the electronic recording of the proceedings of the
32-25 house of representatives and the custody of the recordings of
32-26 testimony before house committees, with authority to promulgate
32-27 reasonable rules, regulations, and conditions concerning the
33-1 safekeeping, reproducing, transcribing of the recordings, and the
33-2 defraying of costs for transcribing the recordings, subject to
33-3 other provisions of these rules;
33-4 (10) all witnesses appearing before the house or any
33-5 committee thereof in support of or in opposition to any pending
33-6 legislative proposal; and
33-7 (11) the following state agency: the State
33-8 Preservation Board.
33-9 Sec. 15. HUMAN SERVICES. The committee shall have 11
33-10 members, with jurisdiction over all matters pertaining to:
33-11 (1) welfare and rehabilitation programs and their
33-12 development, administration, and control;
33-13 (2) oversight of the Health and Human Services
33-14 Commission as it relates to the subject matter jurisdiction of this
33-15 committee; and
33-16 (3) the following state agencies: the Texas
33-17 Department on Aging, the Council for Social Work Certification, the
33-18 Texas Committee on Purchases of Products and Services of Blind and
33-19 Severely Disabled Persons, the Texas Commission for the Blind, the
33-20 Texas Commission for the Deaf and Hearing Impaired, the Texas
33-21 Department of Human Services, the Department of Protective and
33-22 Regulatory Services, the Texas Rehabilitation Commission, the
33-23 Children's Trust Fund of Texas Council, and the Texas State Board
33-24 of Examiners of Professional Counselors.
33-25 Sec. 16. INSURANCE. The committee shall have 11 members,
33-26 with jurisdiction over all matters pertaining to:
33-27 (1) insurance and the insurance industry;
34-1 (2) all insurance companies and other organizations of
34-2 any type writing or issuing policies of insurance in the State of
34-3 Texas, including their organization, incorporation, management,
34-4 powers, and limitations; and
34-5 (3) the following state agencies: the State Board of
34-6 Insurance, the Texas Department of Insurance, and the Office of
34-7 Public Insurance Counsel.
34-8 Sec. 17. INTERNATIONAL AND CULTURAL RELATIONS. The
34-9 committee shall have 11 members, with jurisdiction over all matters
34-10 pertaining to:
34-11 (1) federal and international commerce and trade;
34-12 (2) the relations between the State of Texas and the
34-13 federal government;
34-14 (3) the relations between the State of Texas and other
34-15 sovereign states of the United States;
34-16 (4) the relations between the State of Texas and other
34-17 nations;
34-18 (5) international trade, economic development, tourist
34-19 development, and goodwill;
34-20 (6) cultural resources and their promotion,
34-21 development, and regulation;
34-22 (7) historical resources and their promotion,
34-23 development, and regulation;
34-24 (8) promotion and development of Texas' image and
34-25 heritage;
34-26 (9) preservation and protection of Texas' shrines,
34-27 monuments, and memorials;
35-1 (10) interstate tourist promotion and development; and
35-2 (11) the following state agencies: the Office of
35-3 State-Federal Relations, the Antiquities Committee, the Texas
35-4 Commission on the Arts, the Texas Historical Resources Development
35-5 Council, the Texas State Library and Archives Commission, the Texas
35-6 Historical Commission, and the San Jacinto Historical Advisory
35-7 Board.
35-8 Sec. 18. INVESTMENTS AND BANKING. The committee shall have
35-9 11 members, with jurisdiction over all matters pertaining to:
35-10 (1) benefits or participation in benefits of a public
35-11 retirement system and the financial obligations of a public
35-12 retirement system;
35-13 (2) banking and the state banking system;
35-14 (3) savings and loan associations;
35-15 (4) credit unions;
35-16 (5) the lending of money; and
35-17 (6) the following state agencies: the Office of
35-18 Firefighters Pension Commissioner, the State Board of Trustees of
35-19 the Teacher Retirement System, the State Board of Trustees of the
35-20 Employees Retirement System, the Board of Trustees of the Texas
35-21 County and District Retirement System, the Board of Trustees of the
35-22 Texas Municipal Retirement System, the State Pension Review Board,
35-23 the State Securities Board, The Finance Commission of Texas, the
35-24 Credit Union Commission, the Office of Consumer Credit
35-25 Commissioner, the Office of Banking Commissioner, the State Banking
35-26 Board, the Banking Department of Texas, the Savings and Loan
35-27 Department of Texas, the Texas Treasury Safekeeping Trust Company,
36-1 and the Office of the State Treasurer.
36-2 Sec. 19. JUDICIAL AFFAIRS. The committee shall have 11
36-3 members, with jurisdiction over all matters pertaining to:
36-4 (1) civil law, including rights, duties, remedies, and
36-5 procedures thereunder;
36-6 (2) civil procedure in the courts of Texas;
36-7 (3) uniform state laws;
36-8 (4) creating, changing, or otherwise affecting courts
36-9 of judicial districts of the state;
36-10 (5) establishing districts for the election of
36-11 judicial officers;
36-12 (6) the State Bar of Texas;
36-13 (7) the Texas Judicial Council;
36-14 (8) the State Commission on Judicial Conduct;
36-15 (9) the Office of the Attorney General, including its
36-16 organization, powers, functions, and responsibilities;
36-17 (10) administrative law and the adjudication of rights
36-18 by administrative agencies;
36-19 (11) permission to sue the state;
36-20 (12) courts and court procedures except where
36-21 jurisdiction is specifically granted to some other standing
36-22 committee; and
36-23 (13) the following state agencies: the Supreme Court,
36-24 the Courts of Appeals, the Court of Criminal Appeals, the State
36-25 Commission on Judicial Conduct, the Office of Court Administration
36-26 of the Texas Judicial System, the State Law Library, the Texas
36-27 Judicial Council, the Office of the Attorney General, the Court
37-1 Reporter's Certification Board, and the Board of Law Examiners.
37-2 Sec. 20. LICENSING AND ADMINISTRATIVE PROCEDURES. The
37-3 committee shall have 11 members, with jurisdiction over all matters
37-4 pertaining to:
37-5 (1) the oversight of businesses, industries, general
37-6 trades, and occupations regulated by this state;
37-7 (2) the regulation of greyhound and horse racing and
37-8 other gaming industries;
37-9 (3) regulation of the sale of intoxicating beverages
37-10 and local option control;
37-11 (4) the Alcoholic Beverage Code; and
37-12 (5) the following state agencies: the Texas
37-13 Department of Licensing and Regulation, the State Office of
37-14 Administrative Hearings, the Texas Board of Architectural
37-15 Examiners, the Texas State Board of Public Accountancy, the Texas
37-16 Real Estate Commission, the Texas State Board of Plumbing
37-17 Examiners, the State Board of Registration for Professional
37-18 Engineers, the Real Estate Research Center, the Texas Board of
37-19 Professional Land Surveying, the Texas Racing Commission, the Texas
37-20 Appraiser Licensing and Certification Board, and the Texas
37-21 Alcoholic Beverage Commission.
37-22 Sec. 21. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
37-23 committee shall have 11 members, with jurisdiction over:
37-24 (1) the placement on appropriate calendars of bills
37-25 and resolutions that, in the opinion of the committee, are in fact
37-26 local or will be uncontested, and have been recommended as such by
37-27 the standing committee of original jurisdiction; and
38-1 (2) the determination of priorities for floor
38-2 consideration of bills and resolutions except those within the
38-3 jurisdiction of the Committee on Calendars.
38-4 Sec. 22. NATURAL RESOURCES. The committee shall have 11
38-5 members, with jurisdiction over all matters pertaining to:
38-6 (1) the conservation of the natural resources of
38-7 Texas;
38-8 (2) the control and development of land and water and
38-9 land and water resources, including the taking, storing, control,
38-10 and use of all water in the state, and its appropriation and
38-11 allocation;
38-12 (3) irrigation, irrigation companies, and irrigation
38-13 districts, and their incorporation, management, and powers;
38-14 (4) the creation, modification, and regulation of
38-15 water supply districts, water control and improvement districts,
38-16 conservation and reclamation districts, and all similar organs of
38-17 local government dealing with water and water supply;
38-18 (5) oversight of the Texas Natural Resource
38-19 Conservation Commission as it relates to the regulation of water
38-20 resources; and
38-21 (6) the following state agencies: the Office of
38-22 Canadian River Compact Commissioner for Texas, the Office of Pecos
38-23 River Compact Commissioner for Texas, the Office of Red River
38-24 Compact Commissioner for Texas, the Office of Rio Grande Compact
38-25 Commissioner for Texas, the Office of Sabine River Compact
38-26 Administrator for Texas, the Office of South Central Interstate
38-27 Forest Fire Protection Compact, the Multi-State Water Resources
39-1 Planning Commission, the Texas Water Commission, and the Texas
39-2 Water Development Board.
39-3 Sec. 23. PUBLIC EDUCATION. The committee shall have 11
39-4 members, with jurisdiction over all matters pertaining to:
39-5 (1) the public schools and the public school system of
39-6 Texas;
39-7 (2) the state programming of elementary and secondary
39-8 education for the public school system of Texas;
39-9 (3) proposals to create, change, or otherwise alter
39-10 school districts of the state; and
39-11 (4) the following state agencies: the Advisory
39-12 Council for Technical-Vocational Education, the State Board of
39-13 Education, the Central Education Agency, the Office of Compact for
39-14 Education Commissioner for Texas, the State Textbook Committee, the
39-15 Office of Southern Regional Education Compact Commissioner for
39-16 Texas, the Teachers' Professional Practices Commission, the Texas
39-17 School for the Blind, the Texas School for the Deaf, and the
39-18 Commission on Standards for the Teaching Profession.
39-19 Sec. 24. PUBLIC HEALTH. The committee shall have 11
39-20 members, with jurisdiction over all matters pertaining to:
39-21 (1) the protection of public health, including
39-22 supervision and control of the practice of medicine and dentistry
39-23 and other allied health services;
39-24 (2) mental health and mental retardation and the
39-25 development of programs incident thereto;
39-26 (3) the prevention and treatment of mental illness and
39-27 mental retardation;
40-1 (4) oversight of the Health and Human Services
40-2 Commission as it relates to the subject matter jurisdiction of this
40-3 committee; and
40-4 (5) the following state agencies: the Texas
40-5 Department of Mental Health and Mental Retardation, the Department
40-6 of Public Health, the Board of Public Health, the Texas Commission
40-7 on Alcohol and Drug Abuse, the Anatomical Board of the State of
40-8 Texas, the Texas Funeral Service Commission, the Texas Board of
40-9 Examiners in the Fitting and Dispensing of Hearing Aids, the Board
40-10 of Vocational Nurse Examiners, the Texas Optometry Board, the
40-11 Radiation Advisory Board, the Texas State Board of Pharmacy, the
40-12 Board of Nurse Examiners, the Texas Board of Licensure for Nursing
40-13 Home Administrators, The Texas Board of Chiropractic Examiners, the
40-14 Texas Board of Physical Therapy Examiners, the Texas State Board of
40-15 Podiatry Examiners, the Texas State Board of Examiners of
40-16 Psychologists, the State Board of Dental Examiners, the Texas State
40-17 Board of Medical Examiners, the Advisory Board of Athletic
40-18 Trainers, the Dental Care Advisory Committee, the Dental Hygiene
40-19 Advisory Committee, the Hospital Advisory Council, the Hospital
40-20 Licensing Advisory Council, the Sanitarian Advisory Committee, the
40-21 State Board of Barber Examiners, the Texas Cosmetology Commission,
40-22 the Interagency Council on Early Childhood Intervention Services,
40-23 the Texas Cancer Council, and the Texas Hospital Equipment
40-24 Financing Council.
40-25 Sec. 25. PUBLIC SAFETY. The committee shall have 11
40-26 members, with jurisdiction over all matters pertaining to:
40-27 (1) public safety and emergency preparedness,
41-1 enforcement, and development;
41-2 (2) the prevention of crime and the apprehension of
41-3 criminals;
41-4 (3) the provision of security services by private
41-5 entities; and
41-6 (4) the following state agencies: the Commission on
41-7 Law Enforcement Officer Standards and Education, the Department of
41-8 Public Safety, the Polygraph Examiners Board, the Texas Board of
41-9 Private Investigators and Private Security Agencies, and the Crime
41-10 Stoppers Advisory Council.
41-11 Sec. 26. REDISTRICTING (PROCEDURAL). The committee shall
41-12 have 11 members, with jurisdiction over all matters pertaining to:
41-13 (1) legislative districts, both house and senate, and
41-14 any changes or amendments;
41-15 (2) congressional districts, their creation, and any
41-16 changes or amendments;
41-17 (3) establishing districts for the election of
41-18 judicial officers or of governing bodies or representatives of
41-19 political subdivisions or state agencies as required by law; and
41-20 (4) preparations for the redistricting process.
41-21 Sec. 27. RULES AND RESOLUTIONS (PROCEDURAL). The committee
41-22 shall have 11 members, with jurisdiction over:
41-23 (1) Rules of Procedure of the House of
41-24 Representatives, and all proposed amendments;
41-25 (2) Joint Rules of the House and Senate, and all
41-26 proposed amendments;
41-27 (3) all procedures for expediting the business of the
42-1 house in an orderly and efficient manner;
42-2 (4) all resolutions or motions to congratulate,
42-3 memorialize, or name mascots of the house; and
42-4 (5) other matters concerning rules, procedures, and
42-5 operation of the house assigned by the speaker.
42-6 Sec. 28. STATE AFFAIRS. The committee shall have 15
42-7 members, with jurisdiction over all matters pertaining to:
42-8 (1) questions and matters of state policy;
42-9 (2) the administration of state government;
42-10 (3) the organization, powers, regulation, and
42-11 management of state departments and agencies;
42-12 (4) the operation and regulation of public lands and
42-13 state buildings;
42-14 (5) the organization, regulation, operation, and
42-15 management of state institutions;
42-16 (6) the duties and conduct of officers and employees
42-17 of the state government;
42-18 (7) the duties and conduct of candidates for public
42-19 office and of persons with an interest in influencing public
42-20 policy;
42-21 (8) the various branches of the military service of
42-22 the United States;
42-23 (9) the defense of the state and nation;
42-24 (10) veterans of military and related services;
42-25 (11) the operation of state government and its
42-26 agencies and departments; all of above except where jurisdiction is
42-27 specifically granted to some other standing committee;
43-1 (12) access of the state agencies to scientific and
43-2 technological information; and
43-3 (13) the following state agencies: the Council of
43-4 State Governments, the National Conference of State Legislatures,
43-5 the Texas Advisory Commission on Intergovernmental Relations, the
43-6 Commission on Human Rights, the Texas Public Finance Authority, the
43-7 Bond Review Board, the Board for Lease of Texas Prison Lands, the
43-8 Division of Emergency Management, the Governor's Office, the Texas
43-9 Surplus Property Agency, the General Services Commission, the Texas
43-10 National Guard Armory Board, the Adjutant General's Department, the
43-11 Texas Veterans Commission, the State Aircraft Pooling Board, the
43-12 State Conservatorship Board, the Emergency Management Council, the
43-13 State Employee Incentive Commission, the Productivity Bonus
43-14 Commission, the Texas Ethics Commission, the Department of
43-15 Information Resources, the Public Utility Commission of Texas, the
43-16 Office of Public Utility Counsel, and the Sunset Advisory
43-17 Commission.
43-18 Sec. 29. TRANSPORTATION. The committee shall have 11
43-19 members, with jurisdiction over all matters pertaining to:
43-20 (1) commercial motor vehicles, both bus and truck, and
43-21 their control, regulation, licensing, and operation;
43-22 (2) the Texas highway system, including all roads,
43-23 bridges, and ferries constituting a part of the system;
43-24 (3) the licensing of private passenger vehicles to
43-25 operate on the roads and highways of the state;
43-26 (4) the regulation and control of traffic on the
43-27 public highways of the State of Texas;
44-1 (5) railroads, street railway lines, interurban
44-2 railway lines, steamship companies, and express companies;
44-3 (6) airports, air traffic, airlines, and other
44-4 organizations engaged in transportation by means of aerial flight;
44-5 (7) water transportation in the State of Texas, and
44-6 the rivers, harbors, and related facilities used in water
44-7 transportation and the agencies of government exercising
44-8 supervision and control thereover; and
44-9 (8) the following state agencies: the Texas
44-10 Department of Transportation, the Texas Transportation Commission,
44-11 the Texas High-Speed Rail Authority, and the Texas Turnpike
44-12 Authority.
44-13 Sec. 30. URBAN AFFAIRS. The committee shall have 11
44-14 members, with jurisdiction over all matters pertaining to:
44-15 (1) cities, municipalities, and town corporations,
44-16 including their creation, organization, powers, government, and
44-17 finance, and the compensation and duties of their officers and
44-18 employees;
44-19 (2) home-rule cities, their relationship to the state,
44-20 and their powers, authority, and limitations;
44-21 (3) the creation or change of metropolitan areas and
44-22 the form of government under which those areas operate;
44-23 (4) the regulation of metropolitan transit;
44-24 (5) problems and issues particularly affecting
44-25 metropolitan areas of the state;
44-26 (6) other units of local government not otherwise
44-27 assigned by these rules to other standing committees;
45-1 (7) establishing districts for the election of
45-2 governing bodies of cities; and
45-3 (8) the following state agencies: the Texas
45-4 Department of Housing and Community Affairs and the Texas
45-5 Commission on Fire Protection.
45-6 Sec. 31. WAYS AND MEANS. The committee shall have 11
45-7 members, with jurisdiction over:
45-8 (1) all bills and resolutions proposing to raise
45-9 revenue;
45-10 (2) all bills or resolutions proposing to levy taxes
45-11 or other fees;
45-12 (3) all proposals to modify, amend, or change any
45-13 existing tax or revenue statute;
45-14 (4) all proposals to regulate the manner of collection
45-15 of state revenues and taxes;
45-16 (5) all bills and resolutions containing provisions
45-17 resulting in automatic allocation of funds from the state
45-18 treasury;
45-19 (6) all bills and resolutions diverting funds from the
45-20 state treasury or preventing funds from going in that otherwise
45-21 would be placed in the state treasury;
45-22 (7) all bills and resolutions proposing to levy taxes
45-23 or raise revenue for all units of government and regulating the
45-24 collection thereof;
45-25 (8) all bills and resolutions relating to the Property
45-26 Tax Code; and
45-27 (9) the following state agencies: the Office of
46-1 Multistate Tax Compact Commissioner for Texas, the State
46-2 Comptroller of Public Accounts, and the Board of Tax Professional
46-3 Examiners.
46-4 <Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
46-5 have nine members, with jurisdiction over all matters pertaining
46-6 to:>
46-7 <(1) agriculture, horticulture, and farm husbandry;>
46-8 <(2) livestock and stock raising, and the livestock
46-9 industry; and>
46-10 <(3) the following state agencies: the Texas
46-11 Department of Agriculture, the Texas Animal Health Commission, the
46-12 State Soil and Water Conservation Board, the Texas Forest Service,
46-13 the Office of Chief Apiary Inspector, the Texas Agricultural
46-14 Experiment Station, the Texas Agricultural Extension Service, the
46-15 Poultry Improvement Board, the Natural Fibers and Food Protein
46-16 Commission, the State Seed and Plant Board, the State Board of
46-17 Veterinary Medical Examiners, the Texas Veterinary Medicine
46-18 Diagnostic Laboratory, the Dairy Advisory Board, the Egg Marketing
46-19 Advisory Board, the Family Farm Advisory Council, the Produce
46-20 Recovery Fund Board, the Texas Structural Pest Control Board, and
46-21 the Rodent and Predatory Animal Control Service.>
46-22 <Sec. 2. APPROPRIATIONS. (a) The committee shall have 23
46-23 members, with jurisdiction over:>
46-24 <(1) all bills and resolutions appropriating money
46-25 from the state treasury;>
46-26 <(2) all bills and resolutions containing provisions
46-27 resulting in automatic allocation of funds from the state
47-1 treasury;>
47-2 <(3) all bills and resolutions diverting funds from
47-3 the state treasury or preventing funds from going in which
47-4 otherwise would be placed in the state treasury; and>
47-5 <(4) all matters pertaining to claims and accounts
47-6 filed with the legislature against the state unless jurisdiction
47-7 over those bills and resolutions is specifically granted by these
47-8 rules to some other standing committee.>
47-9 <(b) The appropriations committee may comment upon any bill
47-10 or resolution containing a provision resulting in an automatic
47-11 allocation of funds.>
47-12 <Sec. 3. BUSINESS AND COMMERCE. The committee shall have
47-13 nine members, with jurisdiction over all matters pertaining to:>
47-14 <(1) commerce, trade, and manufacturing;>
47-15 <(2) industry and industrial development;>
47-16 <(3) hours, wages, collective bargaining, and the
47-17 relationship between employers and employees;>
47-18 <(4) industrial safety and adequate and safe working
47-19 conditions, and the regulation and control of those conditions;>
47-20 <(5) the protection of consumers, governmental
47-21 regulations incident thereto, the agencies of government authorized
47-22 to regulate such activities, and the role of the government in
47-23 consumer protection; and>
47-24 <(6) the following state agencies: the Texas
47-25 Department of Commerce, the State Securities Board, the Texas Board
47-26 of Architectural Examiners, the Texas State Board of Public
47-27 Accountancy, the Texas Worker's Compensation Commission, the Texas
48-1 Real Estate Commission, the Texas State Board of Plumbing
48-2 Examiners, the State Board of Registration for Professional
48-3 Engineers, the Real Estate Research Center, the Texas Board of
48-4 Irrigators, the Texas Board of Land Surveying, and the Texas
48-5 Industrialized Building Code Council.>
48-6 <Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
48-7 nine members, with jurisdiction over:>
48-8 <(1) the assignment of bills and resolutions to
48-9 appropriate calendars, except those within the jurisdiction of the
48-10 Committee on Local and Consent Calendars or the Committee on Rules
48-11 and Resolutions;>
48-12 <(2) the determination of priorities and granting of
48-13 rules for floor consideration of such bills and resolutions; and>
48-14 <(3) all other matters concerning the calendar system
48-15 and the expediting of the business of the house as may be assigned
48-16 by the speaker.>
48-17 <Sec. 5. CORRECTIONS. The committee shall have nine
48-18 members, with jurisdiction over all matters pertaining to:>
48-19 <(1) incarceration and rehabilitation of convicted
48-20 felons;>
48-21 <(2) the establishment and maintenance of programs
48-22 that provide alternatives to incarceration;>
48-23 <(3) commitment and rehabilitation of youths;>
48-24 <(4) construction, operation, and management of
48-25 correctional facilities of the state and facilities used for the
48-26 commitment and rehabilitation of youths; and>
48-27 <(5) the following state agencies: the Texas
49-1 Department of Criminal Justice, the Texas Juvenile Probation
49-2 Commission, the Texas Youth Commission, the Texas Work Furlough
49-3 Program Advisory Board, and the Criminal Justice Policy Council.>
49-4 <Sec. 6. COUNTY AFFAIRS. The committee shall have 11
49-5 members, with jurisdiction over all matters pertaining to:>
49-6 <(1) counties, including their organization, creation,
49-7 boundaries, government, finance, and the compensation and duties of
49-8 their officers and employees;>
49-9 <(2) establishing districts for the election of
49-10 governing bodies of counties;>
49-11 <(3) regional councils of governments;>
49-12 <(4) multicounty boards or commissions;>
49-13 <(5) relationships or contracts between counties;>
49-14 <(6) other units of local government; and>
49-15 <(7) the following state agency: the Commission on
49-16 Jail Standards.>
49-17 <Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
49-18 nine members, with jurisdiction over all matters pertaining to:>
49-19 <(1) criminal law, prohibitions, standards, and
49-20 penalties;>
49-21 <(2) probation and parole;>
49-22 <(3) criminal procedure in the courts of Texas;>
49-23 <(4) revision or amendment of the Penal Code;>
49-24 <(5) fines and penalties arising under civil laws; and>
49-25 <(6) the following state agencies: the Office of
49-26 State Prosecuting Attorney, the Criminal Justice Coordinating
49-27 Council, the Office of Interstate Parole Compact Administrator for
50-1 Texas, and the Texas Advisory Council on Juvenile Services.>
50-2 <Sec. 8. CULTURAL AND HISTORICAL RESOURCES. The committee
50-3 shall have nine members, with jurisdiction over:>
50-4 <(1) cultural resources, their promotion, development,
50-5 and regulation;>
50-6 <(2) historical resources, their promotion,
50-7 development, and regulation;>
50-8 <(3) promotion and development of Texas' image and
50-9 heritage;>
50-10 <(4) preservation and protection of Texas' shrines,
50-11 monuments, and memorials;>
50-12 <(5) interstate tourist promotion and development; and>
50-13 <(6) the following state agencies: the State
50-14 Preservation Board, the Antiquities Committee, the Texas Commission
50-15 on the Arts, the Texas Historical Resources Development Council,
50-16 the Texas State Library and Archives Commission, the Texas
50-17 Historical Commission, and the San Jacinto Historical Advisory
50-18 Board.>
50-19 <Sec. 9. ELECTIONS. The committee shall have nine members,
50-20 with jurisdiction over:>
50-21 <(1) all matters relating to the right of suffrage in
50-22 Texas;>
50-23 <(2) all proposals affecting primary, special, and
50-24 general elections;>
50-25 <(3) all proposals to revise, modify, amend, or change
50-26 the Election Code;>
50-27 <(4) all matters pertaining to the secretary of state
51-1 in relation to elections; and>
51-2 <(5) the following state agencies: the State Board of
51-3 Canvassers and the Office of the Secretary of State.>
51-4 <Sec. 10. ENERGY. The committee shall have nine members,
51-5 with jurisdiction over all matters pertaining to:>
51-6 <(1) the conservation of the energy resources of
51-7 Texas;>
51-8 <(2) the production, regulation, transportation, and
51-9 development of oil, gas, and other energy resources;>
51-10 <(3) mining and the development of mineral deposits
51-11 within the state;>
51-12 <(4) pipelines, pipeline companies, and all others
51-13 operating as common carriers in the state;>
51-14 <(5) the following state agencies: the Texas Railroad
51-15 Commission, the Office of Interstate Oil Compact Commissioner for
51-16 Texas, the Office of Interstate Mining Compact Commissioner for
51-17 Texas, and the Office of Southern States Energy Board Member for
51-18 Texas.>
51-19 <Sec. 11. ENVIRONMENTAL AFFAIRS. The committee shall have
51-20 nine members, with jurisdiction over all matters pertaining to:>
51-21 <(1) air, land, and water pollution, including the
51-22 environmental regulation of industrial development;>
51-23 <(2) the creation, operation, and control of state
51-24 parks;>
51-25 <(3) the regulation and control of the propagation and
51-26 preservation of wildlife and fish in the state;>
51-27 <(4) hunting and fishing in the state, and the
52-1 regulation and control thereof;>
52-2 <(5) the development and regulation of the fish and
52-3 oyster industries of the state; and>
52-4 <(6) the following state agencies: the Texas Air
52-5 Control Board, the Texas Conservation Foundation, the Office of
52-6 Gulf States Marine Fisheries Compact Commissioner for Texas, the
52-7 Veterans' Land Board, the School Land Board, the Parks and Wildlife
52-8 Department, the Texas Low-Level Radioactive Waste Disposal
52-9 Authority, and the General Land Office.>
52-10 <Sec. 12. FINANCIAL INSTITUTIONS. The committee shall have
52-11 nine members, with jurisdiction over all matters pertaining to:>
52-12 <(1) banking and the state banking system;>
52-13 <(2) savings and loan associations;>
52-14 <(3) credit unions;>
52-15 <(4) the lending of money; and>
52-16 <(5) the following state agencies: the Finance
52-17 Commission of Texas, the Credit Union Department, the Office of
52-18 Consumer Credit Commissioner, the Office of Banking Commissioner,
52-19 the State Banking Board, the Banking Department of Texas, the
52-20 Savings and Loan Department of Texas, the Texas Treasury
52-21 Safekeeping Trust Company, and the Office of the State Treasurer.>
52-22 <Sec. 13. GENERAL INVESTIGATING COMMITTEE (PROCEDURAL). (a)
52-23 The General Investigating Committee consists of five members of the
52-24 house appointed by the speaker. The speaker shall appoint the
52-25 chair and the vice-chair of the committee.>
52-26 <(b) The general investigating committee has all the powers
52-27 and duties and shall operate according to the procedures prescribed
53-1 by Subchapter B, Chapter 301, Government Code, and the rules of the
53-2 house, as applicable.>
53-3 <Sec. 14. GOVERNMENT ORGANIZATION. (a) The committee shall
53-4 have nine members, with jurisdiction over all matters pertaining
53-5 to:>
53-6 <(1) the extension of state departments and agencies
53-7 under the provisions of Chapter 325, Government Code (Texas Sunset
53-8 Act);>
53-9 <(2) the organization, powers, regulations, and
53-10 management of those state departments, agencies, and advisory
53-11 committees being considered by the legislature under the provisions
53-12 of the Texas Sunset Act; and>
53-13 <(3) the Sunset Advisory Commission, including its
53-14 organization, powers, functions, and responsibilities.>
53-15 <(b) The committee shall study such matters as are assigned
53-16 to it by the speaker pertaining to the efficient and economical
53-17 operation of state government and its entities.>
53-18 <Sec. 15. HIGHER EDUCATION. The committee shall have nine
53-19 members, with jurisdiction over all matters pertaining to:>
53-20 <(1) education beyond high school;>
53-21 <(2) the colleges and universities of the State of
53-22 Texas; and>
53-23 <(3) the following state agencies: the Board for
53-24 Lease of University Lands, the Texas Engineering Experiment
53-25 Station, the Texas Engineering Extension Service, the Texas Higher
53-26 Education Coordinating Board, Texas University Systems, the Texas
53-27 Guaranteed Student Loan Corporation, the State Rural Medical
54-1 Education Board, and the Texas Transportation Institute.>
54-2 <Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
54-3 shall have nine members, with jurisdiction over:>
54-4 <(1) administrative operation of the house and its
54-5 employees;>
54-6 <(2) the general house fund, with full control over
54-7 all expenditures from the fund;>
54-8 <(3) all property, equipment, and supplies obtained by
54-9 the house for its use and the use of its members;>
54-10 <(4) all office space available for the use of the
54-11 house and its members;>
54-12 <(5) the assignment of vacant office space, vacant
54-13 parking spaces, and vacant desks on the house floor to members with
54-14 seniority based on cumulative years of service in the house, except
54-15 that the committee may make these assignments based on physical
54-16 disability of a member where it deems proper;>
54-17 <(6) all admissions to the floor during sessions of
54-18 the house;>
54-19 <(7) all proposals to invite nonmembers to appear
54-20 before or address the house or a joint session;>
54-21 <(8) all radio broadcasting and televising, live or
54-22 recorded, of sessions of the house;>
54-23 <(9) the electronic recording of the proceedings of
54-24 the house of representatives and the custody of the recordings of
54-25 testimony before house committees, with authority to promulgate
54-26 reasonable rules, regulations, and conditions concerning the
54-27 safekeeping, reproducing, transcribing, and the defraying of costs
55-1 for transcribing the recordings, subject to other provisions of
55-2 these rules; and>
55-3 <(10) all witnesses appearing before the house or any
55-4 committee thereof in support of or in opposition to any pending
55-5 legislative proposal.>
55-6 <Sec. 17. HUMAN SERVICES. The committee shall have nine
55-7 members, with jurisdiction over all matters pertaining to:>
55-8 <(1) welfare and rehabilitation programs and their
55-9 development, administration, and control; and>
55-10 <(2) the following state agencies: the Department on
55-11 Aging, the Council for Social Work Certification, the Texas
55-12 Committee on Purchases of Services of Blind and Severely Disabled
55-13 Persons, the Texas Commission for the Blind, the Texas Commission
55-14 for the Deaf, the Texas Department of Human Services, the Texas
55-15 Rehabilitation Commission, the Texas State Board of Examiners of
55-16 Professional Counselors, and the Texas Health and Human Services
55-17 Coordinating Council.>
55-18 <Sec. 18. INSURANCE. The committee shall have nine members,
55-19 with jurisdiction over all matters pertaining to:>
55-20 <(1) insurance and the insurance industry;>
55-21 <(2) all insurance companies and other organizations
55-22 of any type writing or issuing policies of insurance in the State
55-23 of Texas, including their organization, incorporation, management,
55-24 powers, and limitations; and>
55-25 <(3) the following state agency: the State Board of
55-26 Insurance.>
55-27 <Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
56-1 members, with jurisdiction over all matters pertaining to:>
56-2 <(1) civil law, including rights, duties, remedies,
56-3 and procedures thereunder;>
56-4 <(2) civil procedure in the courts of Texas;>
56-5 <(3) uniform state laws;>
56-6 <(4) creating, changing, or otherwise affecting courts
56-7 of judicial districts of the state;>
56-8 <(5) the State Bar of Texas;>
56-9 <(6) the Texas Judicial Council;>
56-10 <(7) the State Commission on Judicial Conduct;>
56-11 <(8) the organization, incorporation, management, and
56-12 regulation of private corporations and professional associations
56-13 and the Uniform Commercial Code and the Limited Partnership Act;>
56-14 <(9) the office of the attorney general, including its
56-15 organization, powers, functions, and responsibilities;>
56-16 <(10) administrative law and the adjudication of
56-17 rights by administrative agencies;>
56-18 <(11) permission to sue the state;>
56-19 <(12) courts and court procedures except where
56-20 jurisdiction is specifically granted to some other standing
56-21 committee; and>
56-22 <(13) the following state agencies: the Supreme
56-23 Court, the Courts of Appeals, the Court of Criminal Appeals, the
56-24 Commission on Judicial Conduct, the Office of Court Administration
56-25 of the Texas Judicial System, the State Law Library, the Texas
56-26 Judicial Council, the Office of the Attorney General, and the Board
56-27 of Law Examiners.>
57-1 <Sec. 20. JUDICIARY. The committee shall have nine members,
57-2 with jurisdiction over all matters pertaining to:>
57-3 <(1) civil law, including rights, duties, remedies,
57-4 and procedures thereunder;>
57-5 <(2) civil procedure in the courts of Texas;>
57-6 <(3) uniform state laws;>
57-7 <(4) creating, changing, or otherwise affecting courts
57-8 of judicial districts of the state;>
57-9 <(5) the State Bar of Texas;>
57-10 <(6) the Texas Judicial Council;>
57-11 <(7) the State Commission on Judicial Conduct;>
57-12 <(8) the organization, incorporation, management, and
57-13 regulation of private corporations and professional associations
57-14 and the Uniform Commercial Code and the Limited Partnership Act;>
57-15 <(9) the office of the attorney general, including its
57-16 organization, powers, functions, and responsibilities;>
57-17 <(10) administrative law and the adjudication of
57-18 rights by administrative agencies;>
57-19 <(11) permission to sue the state; and>
57-20 <(12) courts and court procedures except where
57-21 jurisdiction is specifically granted to some other standing
57-22 committee.>
57-23 <Sec. 21. LABOR AND EMPLOYMENT RELATIONS. The committee
57-24 shall have nine members, with jurisdiction over all matters
57-25 pertaining to:>
57-26 <(1) hours, wages, collective bargaining, and the
57-27 relationship between employers and employees;>
58-1 <(2) unemployment compensation, including coverage,
58-2 benefits, taxes, and eligibility;>
58-3 <(3) boiler inspection and safety standards and
58-4 regulation;>
58-5 <(4) manufactured housing construction and safety
58-6 standards and regulations;>
58-7 <(5) labor unions, their organization, control,
58-8 management, and administration;>
58-9 <(6) weights and measures; and>
58-10 <(7) the following state agency: the Texas Employment
58-11 Commission.>
58-12 <Sec. 22. LIQUOR REGULATION. The committee shall have nine
58-13 members, with jurisdiction over all matters pertaining to:>
58-14 <(1) regulation of the sale of intoxicating beverages
58-15 and local option control;>
58-16 <(2) the Alcoholic Beverage Code; and>
58-17 <(3) the following state agency: the Texas Alcoholic
58-18 Beverage Commission.>
58-19 <Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
58-20 committee shall have nine members, with jurisdiction over:>
58-21 <(1) the assignment to appropriate calendars of bills
58-22 and resolutions, which, in the opinion of the committee, are in
58-23 fact local or will be uncontested, and have been recommended as
58-24 such by the standing committee of original jurisdiction; and>
58-25 <(2) the determination of priorities for floor
58-26 consideration of bills and resolutions except those within the
58-27 jurisdiction of the Committee on Calendars.>
59-1 <Sec. 24. NATURAL RESOURCES. The committee shall have nine
59-2 members, with jurisdiction over all matters pertaining to:>
59-3 <(1) the conservation of the natural resources of
59-4 Texas;>
59-5 <(2) the control and development of land and water and
59-6 land and water resources, including the taking, storing, control,
59-7 and use of all water in the state, and its appropriation and
59-8 allocation;>
59-9 <(3) irrigation, irrigation companies, and irrigation
59-10 districts, and their incorporation, management, and powers;>
59-11 <(4) the development and preservation of forests, and
59-12 the regulation, control, and promotion of the lumber industry;>
59-13 <(5) the creation, modification, and regulation of
59-14 water supply districts, water control and improvement districts,
59-15 conservation and reclamation districts, and all similar organs of
59-16 local government dealing with water and water supply; and>
59-17 <(6) the following state agencies: the Office of
59-18 Canadian River Compact Commissioner for Texas, the Office of Pecos
59-19 River Compact Commissioner for Texas, the Office of Red River
59-20 Compact Commissioner for Texas, the Office of Rio Grande Compact
59-21 Commissioner for Texas, the Office of Sabine River Compact
59-22 Administrator for Texas, the Office of South Central Interstate
59-23 Forest Fire Protection Compact, the Multi-State Water Resources
59-24 Planning Commission, the Texas Water Commission, the Texas Water
59-25 Development Board, and the Texas Water Well Drillers Board.>
59-26 <Sec. 25. PUBLIC EDUCATION. The committee shall have nine
59-27 members, with jurisdiction over all matters pertaining to:>
60-1 <(1) the public schools and the public school system
60-2 of Texas;>
60-3 <(2) the state programming of elementary and secondary
60-4 education for the public school system of Texas;>
60-5 <(3) proposals to create, change, or otherwise alter
60-6 school districts of the state; and>
60-7 <(4) the following state agencies: the Advisory
60-8 Council for Technical-Vocational Education, the State Board of
60-9 Education, the Central Education Agency, the Office of Compact for
60-10 Education Commissioner for Texas, the State Textbook Committee, the
60-11 Office of Southern Regional Education Compact Commissioner for
60-12 Texas, the Teachers' Professional Practices Commission, and the
60-13 Commission on Standards for the Teaching Profession.>
60-14 <Sec. 26. PUBLIC HEALTH. The committee shall have nine
60-15 members, with jurisdiction over all matters pertaining to:>
60-16 <(1) the protection of public health, including
60-17 supervision and control of the practice of medicine and dentistry
60-18 and other allied health services;>
60-19 <(2) mental health and mental retardation and the
60-20 development of programs incident thereto;>
60-21 <(3) the prevention and treatment of mental illness
60-22 and mental retardation; and>
60-23 <(4) the following state agencies: the Texas
60-24 Department of Mental Health and Mental Retardation, the Texas
60-25 Commission on Alcohol and Drug Abuse, the Anatomical Board of the
60-26 State of Texas, the Texas Department of Health, the Texas Funeral
60-27 Service Commission, the Texas Board of Examiners in the Fitting and
61-1 Dispensing of Hearing Aids, the Board of Vocational Nurse
61-2 Examiners, the Texas Optometry Board, the Radiation Advisory Board,
61-3 the Texas State Board of Pharmacy, the Board of Nurse Examiners,
61-4 the Texas Board of Licensure for Nursing Home Administrators, the
61-5 Texas Board of Chiropractic Examiners, the Texas Board of Physical
61-6 Therapy Examiners, the Texas State Board of Podiatry Examiners, the
61-7 Texas State Board of Examiners of Psychologists, the State Board of
61-8 Dental Examiners, the Texas State Board of Medical Examiners, the
61-9 Advisory Board of Athletic Trainers, the Texas Board of Health, the
61-10 Dental Care Advisory Committee, the Dental Hygiene Advisory
61-11 Committee, the Hospital Advisory Council, the Hospital Licensing
61-12 Advisory Council, the Sanitarian Advisory Committee, the State
61-13 Board of Barber Examiners, the Texas Cosmetology Commission, the
61-14 Interagency Council on Early Childhood Intervention, the Texas
61-15 Cancer Council, and the Texas Hospital Equipment Financing Council.>
61-16 <Sec. 27. PUBLIC SAFETY. The committee shall have nine
61-17 members, with jurisdiction over all matters pertaining to:>
61-18 <(1) public safety and emergency preparedness,
61-19 enforcement, and development;>
61-20 <(2) the prevention of crime and the apprehension of
61-21 criminals;>
61-22 <(3) the provision of security services by private
61-23 entities; and>
61-24 <(4) the following state agencies: the Commission on
61-25 Law Enforcement Officer Standards and Education, the Department
61-26 of Public Safety, the Polygraph Examiners Board, the Texas Board of
61-27 Private Investigators and Private Security Agencies, and the Crime
62-1 Stoppers Advisory Council.>
62-2 <Sec. 28. REDISTRICTING (PROCEDURAL). The committee shall
62-3 have 15 members, with jurisdiction over all matters pertaining to:>
62-4 <(1) legislative districts, both house and senate, and
62-5 any changes or amendments;>
62-6 <(2) congressional districts, their creation, and any
62-7 changes or amendments;>
62-8 <(3) establishing districts for the election of
62-9 judicial officers or of governing bodies or representatives of
62-10 political subdivisions or state agencies as required by law; and>
62-11 <(4) preparations for the redistricting process.>
62-12 <Sec. 29. RETIREMENT AND AGING. The committee shall have
62-13 nine members, with jurisdiction over all matters pertaining to:>
62-14 <(1) aging and the development of programs affecting
62-15 senior citizens of the state;>
62-16 <(2) nursing homes and their regulation;>
62-17 <(3) benefits or participation in benefits of a public
62-18 retirement system and the financial obligations of a public
62-19 retirement system;>
62-20 <(4) development of talent pools and volunteer
62-21 programs to maximize utilization of this precious human resource;
62-22 and>
62-23 <(5) the following state agencies: the Office of
62-24 Firemen's Pension Commissioner, the State Board of Trustees of the
62-25 Teacher Retirement System, the State Board of Trustees of the
62-26 Employees Retirement System, the Home Health Services Advisory
62-27 Council, the Board of Trustees of the Texas County and District
63-1 Retirement System, the Board of Trustees of the Texas Municipal
63-2 Retirement System, and the State Pension Review Board.>
63-3 <Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
63-4 shall have nine members, with jurisdiction over:>
63-5 <(1) Rules of Procedure of the House of
63-6 Representatives, and all proposed amendments;>
63-7 <(2) Joint Rules of the House and Senate, and all
63-8 proposed amendments;>
63-9 <(3) all procedures for expediting the business of the
63-10 house in an orderly and efficient manner;>
63-11 <(4) all resolutions to congratulate, memorialize, and
63-12 name mascots of the house; and>
63-13 <(5) other matters concerning rules, procedures, and
63-14 operation of the house assigned by the speaker.>
63-15 <Sec. 31. SCIENCE AND TECHNOLOGY. The committee shall have
63-16 nine members, with jurisdiction over:>
63-17 <(1) matters relating to access of the legislative
63-18 branch to scientific and technological information;>
63-19 <(2) bills and resolutions relating to advances in
63-20 science and technology, including telecommunications, electronic
63-21 business technology, and automated data processing;>
63-22 <(3) bills and resolutions relating to the promotion
63-23 of scientific research, technological development, and technology
63-24 transfer in the state;>
63-25 <(4) matters relating to cooperation of state and
63-26 local governments with the scientific and technological community,
63-27 which includes industry, the universities, and federal governmental
64-1 laboratories; and>
64-2 <(5) the following state agencies: the Department of
64-3 Information Resources, the Texas National Research Laboratory
64-4 Commission, and the FIRST Committee (the Faculty Information and
64-5 Research Service for Texas).>
64-6 <Sec. 32. STATE AFFAIRS. The committee shall have 13
64-7 members, with jurisdiction over all matters pertaining to:>
64-8 <(1) questions and matters of state policy;>
64-9 <(2) the administration of state government;>
64-10 <(3) the organization, powers, regulation, and
64-11 management of state departments and agencies;>
64-12 <(4) the operation and regulation of public lands and
64-13 state buildings;>
64-14 <(5) the organization, regulation, operation, and
64-15 management of state institutions;>
64-16 <(6) the duties of officers and employees of the
64-17 state government;>
64-18 <(7) the various branches of the military service of
64-19 the United States;>
64-20 <(8) the defense of the state and nation;>
64-21 <(9) veterans of military and related services;>
64-22 <(10) the operation of state government and its
64-23 agencies and departments; all of above except where jurisdiction is
64-24 specifically granted to some other standing committee;>
64-25 <(11) the regulation of public utilities; and>
64-26 <(12) the following state agencies: the Council of
64-27 State Governments, the National Conference of State Legislatures,
65-1 the Texas Advisory Commission on Intergovernmental Relations, the
65-2 Human Rights Commission, the Texas Public Finance Authority, the
65-3 Texas Bond Review Board, the Office of Public Utility Counsel, the
65-4 Board for Lease of Texas Prison Lands, the Division of Emergency
65-5 Management, the Governor's Office, the Texas Surplus Property
65-6 Agency, the State Purchasing and General Services Commission, the
65-7 Texas National Guard Armory Board, the Texas Commission on
65-8 Licensing and Standards, the Adjutant General's Department, the
65-9 Public Utility Commission of Texas, the Texas Veterans Commission,
65-10 the State Aircraft Pooling Board, the State Conservatorship Board,
65-11 the Emergency Management Council, the State Employee Incentive
65-12 Commission, and the Productivity Bonus Commission.>
65-13 <Sec. 33. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
65-14 committee shall have nine members, with jurisdiction over all
65-15 matters pertaining to:>
65-16 <(1) commerce and trade;>
65-17 <(2) the relations between the State of Texas and the
65-18 federal government including federal funding issues;>
65-19 <(3) the relations between the State of Texas and
65-20 other sovereign states of the United States;>
65-21 <(4) the relations between the State of Texas and
65-22 other nations;>
65-23 <(5) international trade, economic development,
65-24 tourist development, and goodwill; and>
65-25 <(6) the following state agencies: the Office of
65-26 State-Federal Relations, the Central Office of Federal Funds
65-27 Management, and the Good Neighbor Commission.>
66-1 <Sec. 34. TRANSPORTATION. The committee shall have nine
66-2 members, with jurisdiction over all matters pertaining to:>
66-3 <(1) commercial motor vehicles, both bus and truck,
66-4 their control, regulation, licensing, and operation;>
66-5 <(2) the Texas highway system, including all roads,
66-6 bridges, and ferries constituting a part of the system;>
66-7 <(3) the licensing of private passenger vehicles to
66-8 operate on the roads and highways of the state;>
66-9 <(4) the regulation and control of traffic on the
66-10 public highways of the State of Texas;>
66-11 <(5) railroads, street railway lines, interurban
66-12 railway lines, steamship companies, and express companies;>
66-13 <(6) airports, air traffic, airlines, and other
66-14 organizations engaged in transportation by means of aerial flight;>
66-15 <(7) water transportation in the State of Texas, and
66-16 the rivers, harbors, and related facilities used in water
66-17 transportation and the agencies of government exercising
66-18 supervision and control thereover; and>
66-19 <(8) the following state agencies: the State
66-20 Department of Highways and Public Transportation, the Texas Motor
66-21 Vehicle Commission, the Texas Turnpike Authority, and the Texas
66-22 Department of Aviation.>
66-23 <Sec. 35. URBAN AFFAIRS. The committee shall have 11
66-24 members, with jurisdiction over all matters pertaining to:>
66-25 <(1) cities, municipalities, and town corporations,
66-26 including their creation, organization, powers, government, and
66-27 finance, and the compensation and duties of their officers and
67-1 employees;>
67-2 <(2) home-rule cities, their relationship to the
67-3 state, and their powers, authority, and limitations;>
67-4 <(3) the creation or change of metropolitan areas and
67-5 the form of government under which those areas operate;>
67-6 <(4) other units of local government not otherwise
67-7 assigned by these rules to other standing committees;>
67-8 <(5) establishing districts for the election of
67-9 governing bodies of cities; and>
67-10 <(6) the following state agencies: the Texas Racing
67-11 Commission, the Texas Department of Community Affairs, the Texas
67-12 Housing Agency, and the Commission on Fire Protection Personnel
67-13 Standards and Education.>
67-14 <Sec. 36. WAYS AND MEANS. The committee shall have 13
67-15 members, with jurisdiction over:>
67-16 <(1) all bills and resolutions proposing to raise
67-17 revenue;>
67-18 <(2) all bills or resolutions proposing to levy taxes
67-19 or other fees;>
67-20 <(3) all proposals to modify, amend, or change any
67-21 existing tax or revenue statute;>
67-22 <(4) all proposals to regulate the manner of
67-23 collection of state revenues and taxes;>
67-24 <(5) all bills and resolutions containing provisions
67-25 resulting in automatic allocation of funds from the state
67-26 treasury;>
67-27 <(6) all bills and resolutions diverting funds from
68-1 the state treasury or preventing funds from going in which
68-2 otherwise would be placed in the state treasury;>
68-3 <(7) all bills and resolutions proposing to levy taxes
68-4 or raise revenue for all units of government and regulating the
68-5 collection thereof;>
68-6 <(8) all bills and resolutions relating to the
68-7 Property Tax Code; and>
68-8 <(9) the following state agencies: the State Property
68-9 Tax Board, the Office of Multistate Tax Compact Commissioner for
68-10 Texas, the State Comptroller of Public Accounts, and the Board of
68-11 Tax Professional Examiners.>
68-12 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
68-13 CHAPTER A. ORGANIZATION
68-14 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
68-15 committees of the house, and the number of members and general
68-16 jurisdiction of each, shall be as enumerated in Rule 3.
68-17 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
68-18 standing committees shall be determined at the beginning of each
68-19 regular session in the following manner:
68-20 (1) A maximum of one-half of the membership on each
68-21 standing substantive committee, exclusive of the chair and
68-22 vice-chair, shall be determined by seniority. The remaining
68-23 membership of the committee shall be appointed by the speaker.
68-24 (2) Each member of the house, in order of seniority,
68-25 may designate three committees on which he or she desires to serve,
68-26 listed in order of preference. The member is entitled to become a
68-27 member of the committee of his or her highest preference on which
69-1 there remains a vacant seniority position.
69-2 (3) If members of equal seniority request the same
69-3 committee, the speaker shall appoint the member from among those
69-4 requesting that committee. Seniority, as the term is used in this
69-5 subsection, shall mean years of cumulative service as a member of
69-6 the house of representatives.
69-7 (4) After each member of the house has selected one
69-8 committee on the basis of seniority, the remaining membership on
69-9 each standing committee shall be filled by appointment of the
69-10 speaker, subject to the limitations imposed in this chapter.
69-11 (5) Seniority shall not apply to a procedural
69-12 committee. For purposes of these rules, the procedural committees
69-13 are the Committee on Calendars, the Committee on Local and Consent
69-14 Calendars, the Committee on Rules and Resolutions, the General
69-15 Investigating Committee, the Committee on House Administration, and
69-16 the Committee on Redistricting. The entire membership of these
69-17 committees shall be appointed by the speaker.
69-18 (6) <Seniority shall not apply to the Committee on
69-19 Appropriations, which consists of the chair and vice-chair
69-20 appointed by the speaker and the chair for Budget and Oversight of
69-21 each substantive committee, except that the following substantive
69-22 committees shall not have a chair for Budget and Oversight: County
69-23 Affairs; Criminal Jurisprudence; Government Organization;
69-24 Judiciary; Retirement and Aging; Science and Technology; State,
69-25 Federal, and International Relations; and Urban Affairs.>
69-26 <(7)> In announcing the membership of committees, the
69-27 speaker shall designate those appointed by the speaker and those
70-1 acquiring membership by seniority.
70-2 (7) <(8)> The speaker shall designate the chair and
70-3 vice-chair from the total membership of the committee.
70-4 (b) In the event of an election contest that is not resolved
70-5 prior to the determination of the membership of standing
70-6 committees, the representative of the district that is the subject
70-7 of the contest is not entitled to select a committee on the basis
70-8 of seniority. Committee appointments on behalf of that district
70-9 shall be designated by the district number.
70-10 (c) In the event of a vacancy in a representative district
70-11 that has not been filled at the time of the determination of the
70-12 membership of standing committees, the representative of the
70-13 district who fills that vacancy shall not be entitled to select a
70-14 committee on the basis of seniority. Committee appointments on
70-15 behalf of that district shall be designated by the district
70-16 number.
70-17 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
70-18 and vice-chair, members of a standing committee shall rank
70-19 according to their seniority.
70-20 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
70-21 is subject to the following restrictions:
70-22 (1) No member shall serve concurrently on more than
70-23 two standing substantive committees.
70-24 (2) A member serving as chair of the Committee on
70-25 Appropriations, the Committee on Ways and Means, or the Committee
70-26 on State Affairs may not serve on any other substantive committee.
70-27 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
71-1 occur on a standing committee subsequent to its organization, the
71-2 speaker shall appoint an eligible member to fill the vacancy.
71-3 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
71-4 shall:
71-5 (1) be responsible for the effective conduct of the
71-6 business of the committee;
71-7 (2) appoint all subcommittees and determine the number
71-8 of members to serve on each subcommittee<, except as provided in
71-9 Rule 9, Section 7>;
71-10 (3) in consultation with members of the committee,
71-11 schedule the work of the committee and determine the order in which
71-12 the committee shall consider and act on bills, resolutions, and
71-13 other matters referred to the committee;
71-14 (4) have authority to employ and discharge the staff
71-15 and employees authorized for the committee and have supervision and
71-16 control over all the staff and employees;
71-17 (5) direct the preparation of all committee reports.
71-18 No committee report shall be official until signed by the chair of
71-19 the committee, or by the person acting as chair, or by a majority
71-20 of the membership of the committee;
71-21 (6) determine the necessity for public hearings,
71-22 schedule hearings, and be responsible for posting notice of
71-23 hearings as required by the rules;
71-24 (7) preside at all meetings of the committee and
71-25 control its deliberations and activities in accordance with
71-26 acceptable parliamentary procedure; and
71-27 (8) have authority to direct the sergeant-at-arms to
72-1 assist, where necessary, in enforcing the will of the committee.
72-2 <Sec. 7. COMMITTEE STAFF. Each committee shall be provided
72-3 committee staff, clerical assistance, and other personnel as
72-4 approved by the Committee on House Administration. Interim staff
72-5 and other personnel may be provided to committees by the same
72-6 procedure, and provision therefor may be included in the resolution
72-7 passed each session governing interim operations of the house.>
72-8 Sec. 7 <8>. BILL ANALYSES. In addition to other duties that
72-9 may be assigned by the chair, <and when considered necessary by the
72-10 chair,> the staff of each standing committee shall be responsible
72-11 for providing <the preparation of> an analysis of each bill or
72-12 joint resolution referred to the committee and for distributing
72-13 <distribution of> copies of the analysis to each member of the
72-14 committee, in advance of any committee consideration <hearing>
72-15 scheduled thereon. The chair of the committee may request the
72-16 author or sponsor of a bill or joint resolution to provide the
72-17 committee with the analysis required by this section. If not
72-18 obtained from the author or sponsor, the analysis <analyses><and>
72-20 shall be approved by the chair as to form and content before
72-21 distribution to other members of the committee.
72-22 CHAPTER B. PROCEDURE
72-23 Sec. 8 <9>. MEETINGS. (a) As soon as practicable after
72-24 standing committees are constituted and organized, <the committee
72-25 coordinator, under the direction of> the Committee on House
72-26 Administration<,> shall prepare a schedule for regular meetings of
72-27 all standing committees. This schedule shall be published in the
73-1 house journal and posted in a convenient and conspicuous place near
73-2 the entrance to the house and on other posting boards for committee
73-3 meeting notices, as determined necessary by the Committee on House
73-4 Administration.
73-5 To the extent practicable during each regular session,
73-6 standing committees shall conduct regular committee meetings in
73-7 accordance with the schedule of meetings prepared by the <committee
73-8 coordinator, under the direction of the> Committee on House
73-9 Administration.
73-10 (b) Standing committees shall meet at other times as may be
73-11 determined by the committee, or as may be called by the chair.
73-12 Subcommittees of standing committees shall likewise meet at other
73-13 times as may be determined by the committee, or as may be called by
73-14 the chair of the committee or subcommittee.
73-15 Committees shall also meet in such places and at such times
73-16 as the speaker may designate.
73-17 Sec. 9 <10>. MEETING WHILE HOUSE IN SESSION. No standing
73-18 committee or subcommittee shall meet during the time the house is
73-19 in session without permission being given by a majority vote of the
73-20 house<, except that the procedural committees are authorized to
73-21 meet at any time>. No standing committee or subcommittee shall
73-22 conduct its meeting on the floor of the house or in the house
73-23 chamber while the house is in session, but shall, if given
73-24 permission to meet while the house is in session, retire to a
73-25 designated committee room for the conduct of its meeting.
73-26 Sec. 10 <11>. PURPOSES FOR MEETING. A committee or a
73-27 subcommittee may be assembled for:
74-1 (1) a public hearing where testimony is to be heard,
74-2 and where official action may be taken, on bills, resolutions, or
74-3 other matters;
74-4 (2) a formal meeting where the committee may discuss
74-5 and take official action on bills, resolutions, or other matters
74-6 without testimony; and
74-7 (3) a work session where the committee may discuss
74-8 bills, resolutions, or other matters but take no formal action.
74-9 Sec. 11 <12>. POSTING NOTICE. (a) No committee or
74-10 subcommittee, including a calendars committee, shall assemble for
74-11 the purpose of a public hearing during a regular session unless
74-12 notice of the hearing has been posted in accordance with the rules
74-13 at least five calendar days in advance of the hearing. No
74-14 committee or subcommittee, including a calendars committee, shall
74-15 assemble for the purpose of a public hearing during a special
74-16 session unless notice of the hearing has been posted in accordance
74-17 with the rules at least 24 hours in advance of the hearing. The
74-18 committee minutes shall reflect the date of each posting of notice.
74-19 Notice shall not be required for a public hearing on a senate bill
74-20 which is substantially the same as a house bill that has previously
74-21 been the subject of a duly posted public hearing by the committee.
74-22 (b) No committee or subcommittee, including a calendars
74-23 committee, shall assemble for the purpose of a formal meeting or
74-24 work session during a regular or special session unless written
74-25 notice has been posted and transmitted to each member of the
74-26 committee two hours in advance of the meeting or an announcement
74-27 has been filed with the journal clerk and read by the reading clerk
75-1 while the house is in session.
75-2 (c) All committees meeting during the interim for the
75-3 purpose of a formal meeting, work session, or public hearing shall
75-4 post notice in accordance with the rules and notify members of the
75-5 committee at least five calendar days in advance of the meeting.
75-6 Sec. 12 <13>. MEETINGS OPEN TO THE PUBLIC. All meetings of
75-7 a committee or subcommittee, including a calendars committee, shall
75-8 be open to other members, the press, and the public unless
75-9 specifically provided otherwise by resolution adopted by the house.
75-10 However, the general investigating committee or a committee
75-11 considering an impeachment, an address, the punishment of a member
75-12 of the house, or any other matter of a quasi-judicial nature may
75-13 meet in executive session for the limited purpose of examining a
75-14 witness or deliberating, considering, or debating a decision, but
75-15 no decision may be made or voted on except in a meeting that is
75-16 open to the public and otherwise in compliance with the rules of
75-17 the house.
75-18 Sec. 13 <14>. RULES GOVERNING OPERATIONS. (a) The Rules of
75-19 Procedure of the House of Representatives, and to the extent
75-20 applicable, the rules of evidence and procedure in the civil courts
75-21 of Texas, shall govern the hearings and operations of each
75-22 committee, including a calendars committee. Subject to the
75-23 foregoing, and to the extent necessary for orderly transaction of
75-24 business, each committee may promulgate and adopt additional rules
75-25 and procedures by which it will function.
75-26 (b) No standing committee, including a calendars committee,
75-27 or any subcommittee, shall adopt any rule of procedure, including
76-1 but not limited to an automatic subcommittee rule, which will have
76-2 the effect of thwarting the will of the majority of the committee
76-3 or subcommittee or denying the committee or subcommittee the right
76-4 to ultimately dispose of any pending matter by action of a majority
76-5 of the committee or subcommittee. A bill or resolution may not be
76-6 laid on the table subject to call in committee without a majority
76-7 vote of the committee.
76-8 Sec. 14 <15>. APPEALS FROM RULINGS OF THE CHAIR. Appeals
76-9 from rulings of the chair of a committee shall be in order if
76-10 seconded by three members of the committee, which may include the
76-11 member making the appeal. Procedure in committee following an
76-12 appeal which has been seconded shall be the same as the procedure
76-13 followed in the house in a similar situation.
76-14 Sec. 15 <16>. PREVIOUS QUESTION. Before the previous
76-15 question can be ordered in a committee, the motion therefor must be
76-16 seconded by not less than 4 members of a committee consisting of 21
76-17 or more members, 3 members of a committee consisting of less than
76-18 21 members and more than 10 members, or 2 members of a committee
76-19 consisting of 10 members or less. If the motion is properly
76-20 seconded and ordered by a majority vote of the committee, further
76-21 debate on the proposition under consideration shall be terminated,
76-22 and the proposition shall be immediately put to a vote of the
76-23 committee for its action.
76-24 Sec. 16 <17>. QUORUM. A majority of a committee shall
76-25 constitute a quorum. No action or recommendation of a committee
76-26 shall be valid unless taken at a meeting of the committee with a
76-27 quorum actually present, and the committee minutes shall reflect
77-1 the names of those members of the committee who were actually
77-2 present. No committee report shall be made to the house nor shall
77-3 bills or resolutions be placed on a calendar unless ordered by a
77-4 majority of the membership of the committee, except as otherwise
77-5 provided in the rules, and a quorum of the committee must be
77-6 present when the vote is taken on reporting a bill or resolution,
77-7 on placing bills or resolutions on a calendar, or on taking any
77-8 other formal action within the authority of the committee. No
77-9 committee report shall be made nor shall bills or resolutions be
77-10 placed on a calendar except by record vote of the members of the
77-11 committee, with the yeas and nays to be recorded in the minutes of
77-12 the committee. Proxies cannot be used in committees.
77-13 Sec. 17 <18>. MOVING A CALL OF A COMMITTEE. (a) It shall
77-14 be in order to move a call of a committee at any time to secure and
77-15 maintain a quorum for any one or more of the following purposes:
77-16 (1) for the consideration of a specific bill,
77-17 resolution, or other matter;
77-18 (2) for a definite period of time; or
77-19 (3) for the consideration of any designated class of
77-20 bills or other matters.
77-21 (b) When a call of a committee is moved for one or more of
77-22 the foregoing purposes and seconded by two members, one of whom may
77-23 be the chair, and is ordered by a majority of the members present,
77-24 no member shall thereafter be permitted to leave the committee
77-25 meeting without written permission from the chair. After the call
77-26 is ordered, and in the absence of a quorum, the chair shall have
77-27 the authority to authorize the sergeant-at-arms to locate absent
78-1 members of the committee and to compel their attendance for the
78-2 duration of the call.
78-3 Sec. 18 <19>. MINUTES OF PROCEEDINGS. (a) For each
78-4 committee, including a calendars committee, the <The> chair, or the
78-5 member acting as chair, shall keep complete minutes of the
78-6 proceedings in committee, which shall include:
78-7 (1) the time and place of each meeting of the
78-8 committee;
78-9 (2) a roll call to determine the members present at
78-10 each meeting of the committee, whether that meeting follows an
78-11 adjournment or a recess from a previous committee meeting;
78-12 (3) an accurate record of all votes taken, including a
78-13 listing of the yeas and nays cast on a record vote;
78-14 (4) the date of posting of notice of the meeting; and
78-15 (5) other information that the chair shall
78-16 determine.
78-17 (b) Committee minutes shall be corrected only at the
78-18 direction of the chair as authorized by a majority vote of the
78-19 committee. Duplicate originals of committee minutes shall be
78-20 maintained, one to remain with the committee chair and the other to
78-21 be filed with the chief clerk <office of the house committee
78-22 coordinator,> within three <five> days of the committee meeting for
78-23 a substantive committee, and within one day of the committee
78-24 meeting for a procedural committee, except that if the date on
78-25 which the committee minutes are due <fifth day> occurs on a
78-26 Saturday, Sunday, or holiday on which the house is not in session,
78-27 the committee minutes shall be filed on the following working day.
79-1 The duplicate originals shall be available at all reasonable
79-2 business hours for inspection by members or the public.
79-3 (c) The chief clerk <committee coordinator> shall maintain
79-4 the minutes and records safe from loss, destruction, and alteration
79-5 at all times, and may, at any time, turn them, or any portion, over
79-6 to the Committee on House Administration.
79-7 Sec. 19 <20>. RECORDING OF TESTIMONY. All testimony before
79-8 committees and subcommittees shall be electronically recorded under
79-9 the direction of the Committee on House Administration. Copies of
79-10 the testimony may be released under guidelines promulgated by the
79-11 Committee on House Administration.
79-12 Sec. 20 <21>. SWORN STATEMENT OF WITNESSES. (a) The chief
79-13 clerk <committee coordinator>, under the direction of the Committee
79-14 on House Administration, shall prescribe the form of a sworn
79-15 statement to be executed by all persons other than members
79-16 appearing before committees. The statement shall provide for
79-17 showing:
79-18 (1) the committee or subcommittee;
79-19 (2) the name, home address, business address, and
79-20 telephone number of the person appearing;
79-21 (3) the person, firm, corporation, class, or group
79-22 represented;
79-23 (4) the type of business, profession, or occupation of
79-24 the person or entity represented;
79-25 (5) the business address of the person or entity
79-26 represented; and
79-27 (6) the matter before the committee on which the
80-1 person is appearing and whether for or against the matter.
80-2 (b) No person shall appear in favor of or opposition to a
80-3 matter before a committee until the sworn statement has been filed
80-4 with the chair of the committee.
80-5 (c) Sworn statements shall accompany the copy of the minutes
80-6 of the meeting filed with the chief clerk <house committee
80-7 coordinator>.
80-8 (d) All persons, other than members, appearing before
80-9 committees shall give their testimony under oath, and each
80-10 committee may avail itself of additional powers and prerogatives
80-11 authorized by law.
80-12 Sec. 21 <22>. POWER TO ISSUE PROCESS. By a record vote of
80-13 not less than two-thirds of those present and voting, a quorum
80-14 being present, each standing committee shall have the power and
80-15 authority to issue process to witnesses at any place in the State
80-16 of Texas, to compel their attendance, and to compel the production
80-17 of all books, records, and instruments. If necessary to obtain
80-18 compliance with subpoenas or other process, the committee shall
80-19 have the power to issue writs of attachment. All process issued by
80-20 the committee may be addressed to and served by an agent of the
80-21 committee or <either> a sergeant-at-arms appointed by the committee
80-22 or by any peace officer of the State of Texas. The committee shall
80-23 also have the power to cite and have prosecuted for contempt, in
80-24 the manner provided by law, anyone disobeying the subpoenas or
80-25 other process lawfully issued by the committee. The chair of the
80-26 committee shall issue, in the name of the committee, the subpoenas
80-27 and other process as the committee may direct.
81-1 Sec. 22 <23>. MILEAGE AND PER DIEM FOR WITNESSES. Subject
81-2 to prior approval by the Committee on House Administration,
81-3 witnesses attending proceedings of any committee under process of
81-4 the committee shall be allowed the same mileage and per diem as are
81-5 allowed members of the committee when in a travel status, to be
81-6 paid out of the contingent expense fund of the house of
81-7 representatives on vouchers approved by the chair of the committee,
81-8 the chair of the Committee on House Administration, and the speaker
81-9 of the house.
81-10 Sec. 23 <24>. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
81-11 Each committee is authorized to request the assistance, when
81-12 needed, of all state departments, agencies, and offices, and it
81-13 shall be the duty of the departments, agencies, and offices to
81-14 assist the committee when requested to do so. Each committee shall
81-15 have the power and authority to inspect the records, documents, and
81-16 files of every state department, agency, and office, to the extent
81-17 necessary to the discharge of its duties within the area of its
81-18 jurisdiction.
81-19 CHAPTER C. COMMITTEE FUNCTIONS
81-20 Sec. 24 <25>. INTERIM <AND SPECIAL> STUDIES. Standing
81-21 committees, en banc or by subcommittees, are hereby authorized to
81-22 conduct studies that are authorized by the speaker pursuant to Rule
81-23 1, Section 17 <19>. Studies may not be authorized by resolution.
81-24 The speaker may appoint public citizens and officials of state and
81-25 local governments to standing committees to augment the membership
81-26 for the purpose of interim studies and shall provide a list of such
81-27 appointments to the chief clerk. The chair of the standing
82-1 committee shall have authority to name the subcommittees necessary
82-2 and desirable for the conduct of the interim studies and shall also
82-3 prepare a budget for interim studies for approval by the Committee
82-4 on House Administration.
82-5 Sec. 25 <26>. MOTION PREVENTING REPORTING OR PLACEMENT ON A
82-6 CALENDAR. No motion is in order in a committee considering a bill,
82-7 resolution, or other matter that would prevent the committee from
82-8 reporting it back to the house or placing it on a calendar in
82-9 accordance with the Rules of the House.
82-10 Sec. 26 <27>. FINAL ACTION IN FORM OF REPORT. No action by
82-11 a committee on bills or resolutions referred to it shall be
82-12 considered as final unless it is in the form of a favorable report,
82-13 an unfavorable report, or a report of inability to recommend a
82-14 course of action.
82-15 Sec. 27 <28>. VOTE ON MOTION TO REPORT. Motions made in
82-16 committee to report favorably or unfavorably must receive
82-17 affirmative majority votes, majority negative votes to either
82-18 motion being insufficient to report. If a committee is unable to
82-19 agree on a recommendation for action, as in the case of a tie vote,
82-20 it should submit a statement of this fact as its report, and the
82-21 house shall decide, by a majority vote, the disposition of the
82-22 matter by one of the following alternatives:
82-23 (1) leave the bill in the committee for further
82-24 consideration;
82-25 (2) refer the bill to some other committee; or
82-26 (3) order the bill printed, in which case the bill
82-27 shall go to the Committee on Calendars for placement on <assignment
83-1 to> a calendar and for proposal <application> of an appropriate
83-2 rule for house consideration.
83-3 Sec. 28 <29>. MINORITY REPORTS. The report of a minority of
83-4 a committee shall be made in the same general form as a majority
83-5 report. No minority report shall be recognized by the house unless
83-6 it has been signed by not less than 4 members of a committee
83-7 consisting of 21 or more members, 3 members of a committee
83-8 consisting of less than 21 members and more than 10 members, or 2
83-9 members of a committee consisting of 10 or less members. Only
83-10 members who were present when the vote was taken on the bill,
83-11 resolution, or other matter being reported, and who voted on the
83-12 losing side, may sign a minority report. Notice of intention to
83-13 file a minority report shall be given to the assembled committee
83-14 after the vote on the bill, resolution, or other matter, and before
83-15 the recess or adjournment of the committee, provided ample
83-16 opportunity is afforded for the giving of notice; otherwise, notice
83-17 may be given in writing to the chief clerk within 24 hours after
83-18 the recess or adjournment of the committee.
83-19 Sec. 29 <30>. ACTION ON BILLS REPORTED UNFAVORABLY. If the
83-20 majority report on a bill is unfavorable, and a favorable minority
83-21 report is not signed in accordance with Section 28 <29> of this
83-22 rule and filed with the chief clerk within two calendar days,
83-23 exclusive of Sunday and the date of committee action, the chief
83-24 clerk shall file the bill away as dead; except during the last 15
83-25 calendar days of a regular session, or the last 7 calendar days of
83-26 a special session, when the chief clerk shall hold a bill only one
83-27 calendar day, exclusive of Sunday and the date of committee action,
84-1 awaiting the filing of a minority report before the bill is filed
84-2 away as dead. If the favorable minority report is properly signed
84-3 and filed, the chief clerk shall hold the bill for five legislative
84-4 days, exclusive of the legislative day in which the minority report
84-5 was filed, awaiting adoption by the house of a motion to print the
84-6 bill on minority report. If the motion to print is carried, the
84-7 bill shall be printed as if it had been reported favorably<, and
84-8 shall immediately be referred to the house committee coordinator
84-9 for compliance with Section 42 of this rule>, and shall then be
84-10 immediately forwarded to the Committee on Calendars for placement
84-11 on <assignment to> a calendar and for proposal <determination> of
84-12 an appropriate rule for house consideration. If a motion to print
84-13 a bill on minority report is not made within the five legislative
84-14 days authorized above, the chief clerk shall file the bill away as
84-15 dead. It shall not be in order to move to recommit a bill
84-16 adversely reported with no minority report, except as provided in
84-17 Section 30 <31> of this rule. A two-thirds vote of the house shall
84-18 be required to print on minority report a joint resolution
84-19 proposing an amendment to the Constitution of Texas.
84-20 Sec. 30 <31>. MAKING ADVERSE REPORTS WITHOUT HEARING THE
84-21 AUTHOR. No adverse report shall be made on any bill or resolution
84-22 by any committee without first giving the author or sponsor of the
84-23 bill an opportunity to be heard. If it becomes evident to the
84-24 house that a bill has been reported adversely without the author or
84-25 sponsor having had an opportunity to be heard as provided in this
84-26 section, the house may, by a majority vote, order the bill
84-27 recommitted even though no minority report was filed in the manner
85-1 prescribed by the rules. This provision shall have precedence over
85-2 Rule 7, Section 20.
85-3 Sec. 31 <32>. ADVERSE REPORTS ON LOCAL BILLS. If a local
85-4 bill is reported adversely, it shall be subject to the same rules
85-5 that govern other bills reported adversely.
85-6 Sec. 32 <33>. FORM OF REPORTS. (a) Reports of standing
85-7 committees on bills and resolutions shall be made in duplicate,
85-8 with one copy to be filed with the journal clerk for printing in
85-9 the journal and the other to accompany the original bill.
85-10 (b) All committee reports must be in writing<, be endorsed
85-11 by the committee coordinator, or the committee coordinator's
85-12 designee,> and shall:
85-13 (1) be signed by the chair, or the member acting as
85-14 chair, or a majority of the membership of the committee;
85-15 (2) be addressed to the speaker;
85-16 (3) contain a statement of the recommendations of the
85-17 committee with reference to the matter which is the subject of the
85-18 report;
85-19 (4) contain the date the committee made its
85-20 recommendation;
85-21 (5) include the fact that a copy of a bill or
85-22 resolution was forwarded to the Legislative Budget Board for
85-23 preparation of a fiscal note, a criminal justice policy impact
85-24 statement, or an equalized education funding impact statement, if
85-25 applicable;
85-26 (6) contain the record vote by which the report was
85-27 adopted, including the vote of each member of the committee;
86-1 (7) contain the recommendation that the bill or
86-2 resolution be sent to the Committee on Local and Consent Calendars
86-3 for placement on <assignment to> an appropriate calendar if
86-4 applicable;
86-5 (8) state the name of the house sponsor of all senate
86-6 bills and resolutions;
86-7 (9) <state whether the bill or resolution proposes new
86-8 law or amends existing law;>
86-9 <(10)> include the fact that a copy of a bill or
86-10 resolution was forwarded to the State Pension Review Board for
86-11 preparation of an actuarial impact statement <analysis> if
86-12 applicable; and
86-13 (10) <(11)> include the fact that a copy of the bill
86-14 was forwarded to the Texas Water Development Board and the Texas
86-15 Water Commission for preparation of a water development policy
86-16 impact statement if applicable.
86-17 (c) Except for the general appropriations bill, each
86-18 committee report on a bill or joint resolution, including a
86-19 complete committee substitute, and, to the extent considered
86-20 necessary by the committee, a committee report on any other
86-21 resolution, must include in summary form a detailed analysis of the
86-22 subject matter of the bill or resolution, specifically including:
86-23 (1) background information on the proposal;
86-24 (2) what the bill or resolution proposes to do;
86-25 (3) an <either a section-by-section> analysis of the
86-26 content of the bill or resolution <or a synopsis of the bill or
86-27 resolution, as determined by the chair>;
87-1 (4) a statement generally describing the scope of and
87-2 the reasons for any rulemaking authority delegated to a state
87-3 officer, department, agency, or institution, and, if the chair
87-4 determines that cost and economic impact can reasonably be
87-5 estimated, a statement of the cost of implementation for state and
87-6 local governments and the economic impact on persons to whom the
87-7 rules would apply for the first five years that the rulemaking
87-8 authority is in effect;
87-9 (5) a statement of substantial differences between a
87-10 complete committee substitute and the original bill; and
87-11 (6) a summary of the committee hearing on the bill or
87-12 resolution, including a list of those persons who testified for,
87-13 against, or on the bill or resolution.
87-14 (d) It shall be the duty of the committee chair, on all
87-15 matters reported by the committee, to see that all provisions of
87-16 Rule 12 <13> are satisfied. The chair shall strictly construe this
87-17 provision to achieve the desired purposes.
87-18 Sec. 33 <34>. FISCAL NOTES. (a) It shall be the duty of
87-19 the chair of each standing committee, immediately after the bill or
87-20 resolution has been referred to the standing committee, to
87-21 determine whether or not a fiscal note is required, and if so, to
87-22 send a copy of the bill or resolution to the Legislative Budget
87-23 Board for the preparation of the fiscal note. The chair shall
87-24 advise the Legislative Budget Board of the standing committee to
87-25 which the bill or resolution has been referred and request that the
87-26 fiscal note be returned to the committee. The Legislative Budget
87-27 Board shall forward a copy of each fiscal note to the author or
88-1 sponsor of the affected bill or resolution. The fiscal note shall
88-2 be attached to the affected bill or resolution before a committee
88-3 hearing can be conducted.
88-4 (b) Any bill or joint resolution which authorizes or
88-5 requires the expenditure or diversion of any state funds for any
88-6 purpose, except the general appropriations bill, shall have a
88-7 fiscal note prepared by the director of the Legislative Budget
88-8 Board attached to the bill or resolution on first printing,
88-9 outlining the fiscal implications and probable cost of the measure
88-10 each year for the first five years after its passage and a
88-11 statement as to whether or not there will be a cost involved
88-12 thereafter. The fiscal note shall include the number of additional
88-13 employees considered in arriving at the probable cost.
88-14 (c) Any bill or joint resolution that has statewide impact
88-15 on units of local government of the same type or class and that
88-16 authorizes or requires, presently or in the future, the expenditure
88-17 or diversion of local funds, or that proposes any new local tax,
88-18 fee, license charge, or penalty, or any increased or decreased
88-19 local tax, fee, license charge, or penalty, shall have a fiscal
88-20 note prepared by the director of the Legislative Budget Board
88-21 attached to the bill or resolution on first printing, outlining the
88-22 fiscal implications and probable cost of the measure to the
88-23 affected unit or units of local government each year for the first
88-24 five years after its passage and a statement as to whether or not
88-25 there will be a cost involved thereafter.
88-26 If the Legislative Budget Board is unable to acquire or
88-27 develop sufficient information to prepare the fiscal note required
89-1 by this subsection within 15 days of receiving a bill or
89-2 resolution, the director of the Legislative Budget Board shall so
89-3 state in the fiscal note, in which case the fiscal note shall be in
89-4 full compliance with the rules.
89-5 (d) Before any bill or joint resolution that has impact on
89-6 any particular unit or units of local government and that mandates,
89-7 presently or in the future, the expenditure or diversion of local
89-8 funds, or that mandates any new local tax, fee, license charge, or
89-9 penalty can be heard in committee, it shall have attached to it a
89-10 statement prepared by the author giving the author's best estimate
89-11 of the fiscal implications and probable cost of the measure each
89-12 year for five years after its passage and a statement as to whether
89-13 or not there will be a cost involved thereafter. This subsection
89-14 does not apply to a bill or joint resolution covered by Subsection
89-15 (c) of this section.
89-16 (e) In Subsections (c) and (d) of this section, "unit of
89-17 local government" means county, city, town, school district,
89-18 conservation district, hospital district, or any other political
89-19 subdivision or special district.
89-20 (f) In preparing a fiscal note, the director of the
89-21 Legislative Budget Board may utilize information or data supplied
89-22 by any person, agency, organization, or governmental unit that the
89-23 director deems reliable and shall state the source or sources of
89-24 the information or data used and may state the extent to which the
89-25 director relied on the information or data in preparing the fiscal
89-26 note. If the director determines that the fiscal implications of
89-27 the bill or resolution cannot be ascertained or that the bill or
90-1 resolution authorizes an unlimited expenditure or diversion of
90-2 funds for any period to which the fiscal note applies, the director
90-3 shall so state in the fiscal note, in which case the fiscal note
90-4 shall be in full compliance with the rules.
90-5 (g) In the event that a bill or resolution is amended by the
90-6 committee so as to alter its fiscal implications, either an updated
90-7 fiscal note or author's statement, whichever is applicable, shall
90-8 be obtained by the chair and attached to the bill or resolution as
90-9 a part of the committee report.
90-10 (h) All fiscal notes or author's statements, original and
90-11 updated, shall remain with the bill or resolution throughout the
90-12 entire legislative process, including submission to the governor.
90-13 Sec. 34 <35>. CRIMINAL JUSTICE POLICY AND EQUALIZED
90-14 EDUCATION FUNDING IMPACT STATEMENTS. (a) If the chair of a
90-15 standing committee determines that a bill or resolution authorizes
90-16 or requires a change in the sanctions applicable to adults
90-17 convicted of felony crimes, the chair shall send a copy of the bill
90-18 or resolution to the Legislative Budget Board for the preparation
90-19 of a criminal justice policy impact statement that includes an
90-20 estimate of the impact of proposed policy changes on the programs
90-21 and work loads of state corrections agencies and on the demand for
90-22 resources and services of those agencies. In this subsection,
90-23 "sanctions" includes sentences as well as adjustments to sentences
90-24 such as probation, parole, and mandatory supervision, including
90-25 changes in policy or statutes related to eligibility, revocation,
90-26 and good time credits.
90-27 (b) If the chair of a standing committee determines that a
91-1 bill or resolution affects public education, the chair shall send a
91-2 copy of the bill or resolution to the Legislative Budget Board for
91-3 the preparation of an equalized education funding impact statement
91-4 that evaluates the effect of the bill or resolution on all state
91-5 equalized funding requirements and policies.
91-6 (c) If the director is unable to acquire or develop
91-7 sufficient information to prepare an impact statement within 15
91-8 days after receiving a bill or resolution, the director shall
91-9 prepare the impact statement by stating that fact, and the impact
91-10 statement shall be in full compliance with the rules.
91-11 (d) The Legislative Budget Board shall forward a copy of
91-12 each impact statement to the author or sponsor of the affected bill
91-13 or resolution.
91-14 (e) In preparing an impact statement, the director of the
91-15 Legislative Budget Board may use information or data supplied by
91-16 any person, agency, organization, or governmental unit that the
91-17 director deems reliable and shall state the source or sources of
91-18 the information or data used and may state the extent to which the
91-19 director relied on the information or data in preparing the impact
91-20 statement.
91-21 (f) If the director determines that the effect of the bill
91-22 or resolution cannot be ascertained, the director shall prepare the
91-23 impact statement by stating that fact, and the impact statement
91-24 shall be in full compliance with the rules.
91-25 (g) If the chair determines that an impact statement is
91-26 required, the impact statement must be attached to the bill or
91-27 resolution before a committee hearing can be conducted on the bill
92-1 or resolution. The impact statement shall be attached to the bill
92-2 or resolution on first printing. If the bill or resolution is
92-3 amended by the committee so as to alter its policy implications,
92-4 the chair shall obtain an updated impact statement, which shall be
92-5 attached to the bill or resolution as part of the committee
92-6 report.
92-7 (h) All impact statements shall remain with the bill or
92-8 resolution throughout the entire legislative process, including
92-9 submission to the governor.
92-10 Sec. 35 <36>. ACTUARIAL IMPACT STATEMENTS <ANALYSES>. (a)
92-11 Except as otherwise provided by this section, a bill or joint
92-12 resolution that proposes to change benefits or participation in
92-13 benefits of a public retirement system or that otherwise would
92-14 change the financial obligations of a public retirement system must
92-15 have, in addition to any fiscal note required under Section 33 <34>
92-16 of this rule, an actuarial impact statement <analysis prepared in
92-17 compliance with this section, together with a statement> prepared
92-18 by the State Pension Review Board <reviewing the actuarial analysis
92-19 and commenting on the legislation,> attached to the bill or
92-20 resolution before a committee hearing may be held on it and
92-21 attached to the bill or resolution on first printing.
92-22 (b) An actuarial impact statement <analysis> is not required
92-23 for the general appropriations bill, a bill or resolution that
92-24 would change the financial obligations of a retirement system only
92-25 by modifying the compensation of members of the system, or
92-26 modifying the administrative duties of the system, or a bill or
92-27 resolution that would change the financial obligations of a
93-1 retirement system only by imposing an expense on the system in the
93-2 same manner that the expense is imposed on other agencies or units
93-3 of government.
93-4 (c) In this section, "public retirement system" means a
93-5 continuing, organized program of service retirement, disability
93-6 retirement, or death benefits for officers or employees of the
93-7 state or a political subdivision, but does not include a program
93-8 for which benefits are administered by a life insurance company, a
93-9 program providing only workers' compensation benefits, or a program
93-10 administered by the federal government.
93-11 (d) An actuarial impact statement <analysis> must:
93-12 (1) summarize the actuarial analysis that has been
93-13 prepared for the bill or resolution;
93-14 (2) identify and comment on the reasonableness of each
93-15 actuarial assumption used in that actuarial analysis; and
93-16 (3) show the economic effect of the proposed bill or
93-17 resolution on the public retirement system, including a projection
93-18 of the <annual> actuarial cost or liability imposed by the proposal
93-19 on the system, the effect of the legislation on the amortization
93-20 schedule for liabilities of the system <assuming various levels of
93-21 payroll increases>, and the estimated dollar change in the unfunded
93-22 liability of the system. <If the bill or resolution applies to
93-23 more than one public retirement system, the projections in the
93-24 analysis may be limited to each affected statewide public
93-25 retirement system and each affected system in a city having a
93-26 population of 200,000 or more, according to the results of the 1980
93-27 federal census.>
94-1 <(e) An actuarial analysis must state the actuarial
94-2 assumptions and methods of computation used in the analysis and,
94-3 using an advanced funding actuarial cost method, must state whether
94-4 or not the bill or resolution, if it becomes law, will make the
94-5 affected public retirement system actuarially unsound or, in the
94-6 case of a system already actuarially unsound, more unsound. The
94-7 actuarial information in an actuarial analysis must be prepared by
94-8 an actuary who has at least five years of experience working with
94-9 one or more public retirement systems and who is a fellow of the
94-10 Society of Actuaries, a member of the American Academy of
94-11 Actuaries, or an enrolled actuary under the federal Employees
94-12 Retirement Income Security Act of 1974. An actuarial analysis must
94-13 contain a certification by the actuary that the contents of the
94-14 analysis fulfill the requirements of this section. The actuary may
94-15 include an explanation or description of the actuarial information
94-16 contained in the analysis.>
94-17 (e) <(f)> As soon as practicable after a bill or joint
94-18 resolution is referred to a standing committee, the committee chair
94-19 shall determine whether or not an actuarial impact statement
94-20 <analysis> is required. If the chair determines that an actuarial
94-21 impact statement <analysis> is required, the chair shall send a
94-22 copy of the bill or resolution<, with actuarial analysis attached,>
94-23 to the State Pension Review Board with a request that an actuarial
94-24 impact statement <a review of the actuarial analysis and comment on
94-25 the legislation> be prepared and sent to the committee. The
94-26 executive director of the State Pension Review Board shall return a
94-27 copy of the actuarial impact statement <analysis, together with the
95-1 board's statement of review and comment,> to the committee that
95-2 requested it, to the author or sponsor of the affected bill or
95-3 resolution, and to the Legislative Budget Board.
95-4 <(g) Once a bill or resolution has been referred to the
95-5 State Pension Review Board, a committee hearing on, or first
95-6 printing of, the bill may proceed as long as any actuarial
95-7 analysis, statement of review, or comment that is available to the
95-8 committee at the time is attached.>
95-9 (f) <(h)> If a bill or resolution for which an actuarial
95-10 impact statement <analysis> is required is amended by a committee
95-11 in a way that alters its economic implications, the chair of the
95-12 committee shall request the State Pension Review Board to <obtain
95-13 an updated actuarial analysis and> prepare an updated actuarial
95-14 impact statement <review and comment>. If timely received, an
95-15 updated actuarial impact statement <analysis and updated review and
95-16 comment by the State Pension Review Board> must be attached to the
95-17 affected bill or resolution as a part of the committee report. All
95-18 actuarial impact statements <analyses and statements of review and
95-19 comment> timely received must remain with the bill or resolution
95-20 throughout the legislative process, including the process of
95-21 submission to the governor.
95-22 Sec. 36 <37>. WATER DEVELOPMENT POLICY IMPACT STATEMENTS.
95-23 (a) A bill that proposes to create a water district under the
95-24 authority of Article XVI, Section 59, of the Texas Constitution
95-25 must have a water development policy impact statement prepared by
95-26 the Texas Water Development Board and the Texas Water Commission
95-27 attached to the bill before a committee hearing may be held on the
96-1 bill and attached to the bill on first printing.
96-2 (b) The impact statement shall include but shall not be
96-3 limited to:
96-4 (1) an evaluation of population projections used to
96-5 justify the creation of the district;
96-6 (2) an evaluation of the proposed district finances,
96-7 including bond issuance powers and taxing authority and the
96-8 authority of the Texas Water Commission to approve bond issues;
96-9 (3) an evaluation of the method of selection of and
96-10 powers of the board of directors of the district;
96-11 (4) an evaluation of the effect of the creation of the
96-12 proposed district on the objectives of the Texas Water Development
96-13 Board's water plan;
96-14 (5) an evaluation of the extent of Texas Water
96-15 Commission supervision of the proposed district;
96-16 (6) an evaluation of the eminent domain powers of the
96-17 proposed district;
96-18 (7) an evaluation of provisions relating to the
96-19 exclusion of land from the proposed district;
96-20 (8) a comment on the adequacy of the description of
96-21 the proposed district; and
96-22 (9) a comment on any provisions of the bill that
96-23 provide powers or duties that are not provided by or that are
96-24 different from those provided by general law for similar types of
96-25 districts.
96-26 (c) If the Texas Water Development Board and the Texas Water
96-27 Commission are unable to provide the water development policy
97-1 impact statement within 30 days during a regular session, or within
97-2 14 days during a special session, of the date the bill is
97-3 introduced in the house or received from the senate, the
97-4 requirements of this section shall not apply.
97-5 (d) A water development policy impact statement is not
97-6 required for a senate bill that is substantially similar to a house
97-7 bill for which a water development policy impact statement has been
97-8 prepared.
97-9 (e) If a bill for which a water development policy impact
97-10 statement is required is amended by a committee in a way that
97-11 alters its implications, the chair of the committee shall request
97-12 the Texas Water Commission and the Texas Water Development Board to
97-13 prepare an updated impact statement. If timely received, an
97-14 updated impact statement must be attached to the affected bill on
97-15 committee report. All water development policy impact statements
97-16 timely received shall remain with the bill throughout the
97-17 legislative process, including submission to the governor.
97-18 <Sec. 38. FEDERAL FUNDS IMPACT STATEMENT. (a) The chair of
97-19 a standing committee may request the Office of Federal Funds
97-20 Management to prepare a federal funds impact statement on any bill
97-21 or resolution. The impact statement shall evaluate the anticipated
97-22 effect of the bill or resolution, if any, on the receipt and
97-23 expenditure of federal funds.>
97-24 <(b) The impact statement is not required for a hearing on
97-25 the bill, but if prepared and received before the bill is reported
97-26 from committee shall be included in the committee report printing
97-27 of the bill and shall remain attached to the bill or resolution
98-1 throughout the entire legislative process, including submission to
98-2 the governor.>
98-3 Sec. 37 <39>. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
98-4 Committee reports on house and concurrent resolutions shall be made
98-5 in the same manner and shall follow the same procedure as provided
98-6 for bills, subject to any differences otherwise authorized or
98-7 directed by the rules.
98-8 Sec. 38 <40>. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
98-9 action by the house is necessary on the report of a standing
98-10 committee. The bill, resolution, or proposition recommended or
98-11 reported by the committee shall automatically be before the house
98-12 for its consideration after the bill or resolution has been
98-13 referred to the appropriate calendars committee for placement on
98-14 <assignment to> a calendar and for proposal <determination> of an
98-15 appropriate rule for house consideration.
98-16 Sec. 39 <41>. REFERRAL OF REPORTS TO CHIEF CLERK <COMMITTEE
98-17 COORDINATOR>. All committee reports on bills or resolutions shall
98-18 be immediately referred to the chief clerk <house committee
98-19 coordinator for compliance with Section 42 of this rule>. The
98-20 chair of the committee shall be responsible for delivery of the
98-21 report to the chief clerk <committee coordinator>.
98-22 <Sec. 42. VERIFICATION OF COMPLIANCE WITH RULES. In
98-23 addition to the requirements of Section 6 of this rule no committee
98-24 report shall be eligible for consideration unless first signed by
98-25 the house committee coordinator, or the committee coordinator's
98-26 designee, to verify compliance with all appropriate sections of the
98-27 rules. In the event of noncompliance, the committee coordinator
99-1 shall return the committee report to the committee for correction.
99-2 In the event of disagreement between a committee chair and the
99-3 house committee coordinator concerning compliance with all
99-4 appropriate sections of the rules, the opinion of the committee
99-5 chair shall prevail.>
99-6 Sec. 40 <43>. DELIVERY OF REPORTS TO CALENDARS COMMITTEES.
99-7 After printing, the chief clerk shall be responsible for delivery
99-8 of a certified copy of the committee report to the appropriate
99-9 calendars committee, which committee shall immediately accept the
99-10 bill or resolution for placement on <assignment of the bill or
99-11 resolution to> a calendar and for the proposal <application> of an
99-12 appropriate rule for house consideration.
99-13 Sec. 41 <44>. COMMITTEE AMENDMENTS. No committee shall have
99-14 the power to amend, delete, or change in any way the nature,
99-15 purpose, or content of any bill or resolution referred to it, but
99-16 may draft and recommend amendments to it, which shall become
99-17 effective only if adopted by a majority vote of the house.
99-18 Sec. 42 <45>. SUBSTITUTES. The committee may adopt and
99-19 report a complete germane committee substitute containing the
99-20 title, enacting clause, and text of the bill in lieu of an original
99-21 bill, in which event the complete substitute bill on committee
99-22 report shall be laid before the house and shall be the matter then
99-23 before the house for its consideration, instead of the original
99-24 bill. If the substitute bill is defeated at any legislative stage,
99-25 the bill is considered not passed.
99-26 Sec. 43 <46>. GERMANENESS OF SUBSTITUTE. If a point of
99-27 order is raised that a complete committee substitute is not
100-1 germane, in whole or in part, and the point of order is sustained,
100-2 the committee substitute shall be returned to the Committee on
100-3 Calendars, which may have the original bill printed and distributed
100-4 and placed on <assigned to> a calendar in lieu of the substitute or
100-5 may return the original bill to the committee from which it was
100-6 reported for further action.
100-7 Sec. 44 <47>. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
100-8 REPORT. Should the author or sponsor of the bill, resolution, or
100-9 other proposal not be satisfied with the final recommendation or
100-10 form of the committee report, the member shall have the privilege
100-11 of offering on the floor of the house such amendments or changes as
100-12 he or she considers necessary and desirable, and those amendments
100-13 or changes shall be given priority during the periods of time when
100-14 original amendments are in order under the provisions of Rule 11
100-15 <12>, Section 7.
100-16 CHAPTER D. SUBCOMMITTEES
100-17 Sec. 45 <48>. JURISDICTION. Each committee is authorized to
100-18 conduct its activities and perform its work through the use of
100-19 subcommittees as shall be determined by the chair of the committee.
100-20 Subcommittees shall be created, organized, and operated in such a
100-21 way that the subject matter and work area of each subcommittee
100-22 shall be homogeneous and shall pertain to related governmental
100-23 activities. The size and jurisdiction of each subcommittee shall
100-24 be determined by the chair of the committee, except that each
100-25 substantive committee, other than the Appropriations Committee,
100-26 shall have a subcommittee for oversight whose responsibility it
100-27 shall be to monitor the operations and performance of the state
101-1 agencies within the jurisdiction of the committee as provided in
101-2 Rule 3 <as provided in Rule 9>.
101-3 Sec. 46 <49>. MEMBERSHIP. The <Except as provided in Rule
101-4 9, the> chair of each standing committee shall appoint from the
101-5 membership of the committee the members who are to serve on each
101-6 subcommittee, including the subcommittee for oversight. Any
101-7 vacancy on a subcommittee<, except the chair for budget and
101-8 oversight,> shall be filled by appointment of the chair of the
101-9 standing committee. The chair and vice-chair of each subcommittee,
101-10 including the subcommittee for oversight, shall be named by the
101-11 chair of the committee.
101-12 Sec. 47 <50>. RULES GOVERNING OPERATIONS. The Rules of
101-13 Procedure of the House of Representatives, to the extent
101-14 applicable, shall govern the hearings and operations of each
101-15 subcommittee. Subject to the foregoing, and to the extent
101-16 necessary for orderly transaction of business, each subcommittee
101-17 may promulgate and adopt additional rules and procedures by which
101-18 it will function.
101-19 Sec. 48 <51>. QUORUM. A majority of a subcommittee shall
101-20 constitute a quorum, and no action or recommendation of a
101-21 subcommittee shall be valid unless taken at a meeting with a quorum
101-22 actually present. All reports of a subcommittee must be approved
101-23 by record vote by a majority of the membership of the subcommittee.
101-24 Minutes of the subcommittee shall be maintained in a manner similar
101-25 to that required by the rules for standing committees. Proxies
101-26 cannot be used in subcommittees.
101-27 Sec. 49 <52>. POWER AND AUTHORITY. Each subcommittee,
102-1 within the area of its jurisdiction, shall have all of the power,
102-2 authority, and rights granted by the Rules of Procedure of the
102-3 House of Representatives to the standing committee, except subpoena
102-4 power, to the extent necessary to discharge the duties and
102-5 responsibilities of the subcommittee.
102-6 Sec. 50 <53>. REFERRAL OF PROPOSED LEGISLATION TO
102-7 SUBCOMMITTEE. All bills and resolutions referred to a standing
102-8 committee shall be reviewed by the chair to determine appropriate
102-9 disposition of the bills and resolutions. All bills and
102-10 resolutions shall be considered by the entire standing committee
102-11 unless the chair of that standing committee determines to refer the
102-12 bills and resolutions to subcommittee. If a bill or resolution is
102-13 referred by the chair of the standing committee to a subcommittee,
102-14 the subcommittee shall be charged with the duty and responsibility
102-15 of conducting the hearing, doing research, and performing such
102-16 other functions as the subcommittee or its parent standing
102-17 committee may determine. All meetings of the subcommittee shall be
102-18 scheduled by the subcommittee chair, with appropriate public notice
102-19 and notification of each member of the subcommittee under the same
102-20 rules of procedure as govern the conduct of the standing
102-21 committee.
102-22 Sec. 51 <54>. REPORT BY SUBCOMMITTEE. At the conclusion of
102-23 its deliberations on a bill, resolution, or other matter referred
102-24 to it, the subcommittee shall prepare a written report,
102-25 comprehensive in nature, for submission to the full committee. The
102-26 report shall include background material as well as recommended
102-27 action and shall be accompanied by a complete draft of the bill,
103-1 resolution, or other proposal in such form as the subcommittee
103-2 shall determine.
103-3 Sec. 52 <55>. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
103-4 reports shall be directed to the chair of the committee, who shall
103-5 schedule meetings of the standing committee from time to time as
103-6 necessary and appropriate for the reception of subcommittee reports
103-7 and for action on reports by the standing committee. No
103-8 subcommittee report shall be scheduled for action by the standing
103-9 committee until at least 48 hours after a copy of the subcommittee
103-10 report is provided to each member of the standing committee.
103-11 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
103-12 Sec. 53 <56>. RESOLUTION INTO A COMMITTEE OF THE WHOLE
103-13 HOUSE. The house may resolve itself into a committee of the whole
103-14 house to consider any matter referred to it by the house. In
103-15 forming a committee of the whole house, the speaker shall vacate
103-16 the chair and shall appoint a chair to preside in committee.
103-17 Sec. 54 <57>. RULES GOVERNING OPERATIONS. The rules
103-18 governing the proceedings of the house and those governing
103-19 committees shall be observed in committees of the whole, to the
103-20 extent that they are applicable.
103-21 Sec. 55 <58>. MOTION FOR A CALL OF THE COMMITTEE OF THE
103-22 WHOLE. (a) It shall be in order to move a call of the committee
103-23 of the whole at any time to secure and maintain a quorum for the
103-24 following purposes:
103-25 (1) for the consideration of a certain or specific
103-26 matter; or
103-27 (2) for a definite period of time; or
104-1 (3) for the consideration of any designated class of
104-2 bills.
104-3 (b) When a call of the committee of the whole is moved and
104-4 seconded by 10 members, of whom the chair may be one, and is
104-5 ordered by majority vote, the main entrance of the hall and all
104-6 other doors leading out of the hall shall be locked, and no member
104-7 shall be permitted to leave the hall without written permission.
104-8 Other proceedings under a call of the committee shall be the same
104-9 as under a call of the house.
104-10 Sec. 56 <59>. HANDLING OF A BILL. A bill committed to a
104-11 committee of the whole house shall be handled in the same manner as
104-12 in any other committee. The body of the bill shall not be defaced
104-13 or interlined, but all amendments shall be duly endorsed by the
104-14 chief clerk as they are adopted by the committee, and so reported
104-15 to the house. When a bill is reported by the committee of the
104-16 whole house it shall be referred immediately to the appropriate
104-17 calendars committee for placement on <assignment to> the
104-18 appropriate calendar and shall follow the same procedure as any
104-19 other bill on committee report.
104-20 Sec. 57 <60>. FAILURE TO COMPLETE WORK AT ANY SITTING. In
104-21 the event that the committee of the whole, at any sitting, fails to
104-22 complete its work on any bill or resolution under consideration for
104-23 lack of time, or desires to take any action on that measure that is
104-24 permitted under the rules for other committees, it may, on a motion
104-25 made and adopted by majority vote, rise, report progress, and ask
104-26 leave of the house to sit again generally, or at a time certain.
104-27 Sec. 58 <61>. REPORTS OF SELECT COMMITTEES. Reports of
105-1 select committees made during a session shall be filed with the
105-2 chief clerk and printed in the journal, unless otherwise determined
105-3 by the house.
105-4 CHAPTER F. INTERIM <SPECIAL> STUDY COMMITTEES
105-5 Sec. 59 <62>. INTERIM <AND SPECIAL> STUDIES. Pursuant to
105-6 Rule 1, Section 17 <19>, the speaker may create interim study
105-7 <special select> committees to conduct studies by issuing a
105-8 proclamation for each committee, which shall specify the issue to
105-9 be studied, committee membership, and any additional authority and
105-10 duties. A copy of each proclamation creating an interim study
105-11 committee shall be filed with the chief clerk. An interim
105-12 <special> study committee expires on release of its final report or
105-13 when the next legislature convenes, whichever is earlier. An
105-14 interim <A special> study committee may not be created by
105-15 resolution.
105-16 Sec. 60 <63>. APPOINTMENT AND MEMBERSHIP. The speaker shall
105-17 appoint all members of an interim <a special> study committee,
105-18 which may include public citizens and officials of state and local
105-19 governments. The speaker shall also designate the chair and
105-20 vice-chair and may authorize the chair to create subcommittees and
105-21 appoint citizen advisory committees.
105-22 Sec. 61 <64>. RULES GOVERNING OPERATIONS. The rules
105-23 governing the proceedings of the house and those governing standing
105-24 committees shall be observed by an interim <a special> study
105-25 committee, to the extent that they are applicable. An interim <A
105-26 special> study committee shall have the power to issue process and
105-27 to request assistance of state agencies as provided for a standing
106-1 committee in Sections 21, 22, and 23<, and 24> of this rule.
106-2 Sec. 62 <65>. FUNDING AND STAFF. An interim <A special>
106-3 study committee shall use existing staff resources of its members,
106-4 standing committees, house offices, and legislative service
106-5 agencies. The chair of an interim <a special> study committee
106-6 shall prepare a detailed budget for approval by the speaker and the
106-7 Committee on House Administration. An interim <A special> study
106-8 committee may accept gifts, grants, and donations for the purpose
106-9 of funding its activities as provided by Sections 301.032(b) and
106-10 (c), Government Code.
106-11 Sec. 63 <66>. STUDY REPORTS. The final report or
106-12 recommendations of an interim <a special> study committee shall be
106-13 approved by a majority of the committee membership. Dissenting
106-14 members may attach statements to the final report. Five copies of
106-15 the report shall be submitted to the speaker; 50 copies shall be
106-16 provided to House Bill Distribution for sale at cost; and 75 copies
106-17 shall be provided to the chief clerk <committee coordinator>, who
106-18 shall make the appropriate distribution to the Legislative
106-19 Reference Library and state library and archives. This section
106-20 shall also apply to interim study reports of standing committees.
106-21 Sec. 64 <67>. JOINT HOUSE AND SENATE INTERIM STUDIES.
106-22 Procedures may be established by a concurrent resolution adopted by
106-23 both houses, by which the speaker may authorize and appoint,
106-24 jointly with the senate, <special> committees to conduct interim
106-25 studies. A copy of the authorization for and the appointments to a
106-26 joint interim study committee shall be filed with the chief clerk.
106-27 Individual <special> joint interim study committees may not be
107-1 authorized or created by resolution.
107-2 RULE 5. FLOOR PROCEDURE
107-3 CHAPTER A. QUORUM AND ATTENDANCE
107-4 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
107-5 quorum to do business.
107-6 Sec. 2. ROLL CALLS. On every roll call or registration, the
107-7 names of the members shall be called or listed, as the case may be,
107-8 alphabetically by surname, except when two or more have the same
107-9 surname, in which case the initials of the members shall be
107-10 added.
107-11 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
107-12 from the sessions of the house without leave, and no member shall
107-13 be excused on his or her own motion.
107-14 (b) A leave of absence may be granted by a majority vote of
107-15 the house and may be revoked at any time by a similar vote.
107-16 (c) Any member granted a leave of absence due to a meeting
107-17 of a committee or conference committee that has authority to meet
107-18 while the house is in session shall be so designated on each roll
107-19 call or registration for which that member is excused.
107-20 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
107-21 present and fails or refuses to record on a roll call after being
107-22 requested to do so by the speaker shall be recorded as present by
107-23 the speaker and shall be counted for the purpose of making a
107-24 quorum.
107-25 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
107-26 order of "No Quorum" shall not be accepted by the chair if the last
107-27 roll call showed the presence of a quorum.
108-1 (b) Once a point of order has been made that a quorum is not
108-2 present, it may not be withdrawn after the absence of a quorum has
108-3 been ascertained and announced.
108-4 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
108-5 registration or record vote reveals that a quorum is not present,
108-6 only a motion to adjourn or a motion for a call of the house and
108-7 the motions incidental thereto shall be in order.
108-8 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
108-9 to move a call of the house at any time to secure and maintain a
108-10 quorum for one of the following purposes:
108-11 (1) for the consideration of a specific bill,
108-12 resolution, motion, or other measure;
108-13 (2) for the consideration of any designated class of
108-14 bills; or
108-15 (3) for a definite period of time.
108-16 Motions for, and incidental to, a call of the house are not
108-17 debatable.
108-18 Sec. 8. SECURING A QUORUM. When a call of the house is
108-19 moved for one of the above purposes and seconded by 15 members (of
108-20 whom the speaker may be one) and ordered by a majority vote, the
108-21 main entrance to the hall and all other doors leading out of the
108-22 hall shall be locked and no member permitted to leave the house
108-23 without the written permission of the speaker. The names of
108-24 members present shall be recorded. All absentees for whom no
108-25 sufficient excuse is made may, by order of a majority of those
108-26 present, be sent for and arrested, wherever they may be found, by
108-27 the sergeant-at-arms or an officer appointed by the
109-1 sergeant-at-arms for that purpose, and their attendance shall be
109-2 secured and retained. The house shall determine on what conditions
109-3 they shall be discharged. Members who voluntarily appear shall,
109-4 unless the house otherwise directs, be immediately admitted to the
109-5 hall of the house and shall report their names to the clerk to be
109-6 entered in the journal as present.
109-7 Until a quorum appears, should the roll call fail to show one
109-8 present, no business shall be transacted, except to compel the
109-9 attendance of absent members or to adjourn. It shall not be in
109-10 order to recess under a call of the house.
109-11 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
109-12 shown to be present, the house may proceed with the matters on
109-13 which the call was ordered, or may enforce the call and await the
109-14 attendance of as many of the absentees as it desires. When the
109-15 house proceeds to the business on which the call was ordered, it
109-16 may, by a majority vote, direct the sergeant-at-arms to cease
109-17 bringing in absent members.
109-18 Sec. 10. REPEATING A RECORD VOTE. When a record vote
109-19 reveals the lack of a quorum, and a call is ordered to secure one,
109-20 a record vote shall again be taken when the house resumes business
109-21 with a quorum present.
109-22 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
109-23 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
109-24 persons shall be entitled to the privileges of the floor of the
109-25 house when the house is in session: members of the house;
109-26 employees of the house when performing their official duties as
109-27 determined by the Committee on House Administration; members of the
110-1 senate; employees of the senate when performing their official
110-2 duties; the Governor of Texas and the governor's executive and
110-3 administrative assistant; the lieutenant governor; the secretary of
110-4 state; duly accredited reporters, photographers, correspondents,
110-5 and commentators of press, radio, and television who have complied
110-6 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
110-7 election cases pending before the house; and immediate families of
110-8 the members of the legislature on such special occasions as may be
110-9 determined by the Committee on House Administration.
110-10 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
110-11 persons shall be admitted to the area on the floor of the house
110-12 enclosed by the railing when the house is in session: members of
110-13 the house; members of the senate; the governor; the lieutenant
110-14 governor; officers and employees of the senate and house when those
110-15 officers and employees are actually engaged in performing their
110-16 official duties as determined by the Committee on House
110-17 Administration; spouses of members of the house on such occasions
110-18 as may be determined by the Committee on House Administration; and
110-19 duly accredited reporters, photographers, correspondents, and
110-20 commentators of press, radio, and television who have complied with
110-21 Sections 20(a), (b), (c), and (d) of this rule.
110-22 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
110-23 and collectors shall not be admitted to the floor of the house
110-24 while the house is in session.
110-25 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
110-26 invite a person to address the house while it is in session shall
110-27 be in order only if the person invited is entitled to the
111-1 privileges of the floor as defined by Section 11 of this rule and
111-2 if no business is pending before the house.
111-3 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
111-4 a member of the legislature, who is lobbying or working for or
111-5 against any pending or prospective legislative measure shall be
111-6 permitted on the floor of the house or in the adjacent rooms while
111-7 the house is in session.
111-8 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
111-9 admitted to the floor of the house under the rules, except the
111-10 governor or a member of the legislature, lobbies or works for or
111-11 against any pending or prospective legislation or violates any of
111-12 the other rules of the house, the privileges extended to that
111-13 person under the rules shall be suspended by a majority vote of the
111-14 Committee on House Administration. The action of the committee
111-15 shall be reviewable by the house only if two members of the
111-16 committee request an appeal from the decision of the committee.
111-17 The request shall be in the form of a minority report and shall be
111-18 subject to the same rules that are applicable to minority reports
111-19 on bills. Suspension shall remain in force until the accused
111-20 person purges himself or herself and comes within the rules, or
111-21 until the house, by majority vote, reverses the action of the
111-22 committee.
111-23 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
111-24 persons shall be admitted to the members lounge at any
111-25 time: members of the house; members of the senate; and former
111-26 members of the house and senate who are not engaged in any form of
111-27 employment requiring them to lobby or work for or against any
112-1 pending or prospective legislative measures.
112-2 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
112-3 shall be the duty of the Committee on House Administration to
112-4 determine what duties are to be discharged by officers and
112-5 employees of the house on the floor of the house, specifically in
112-6 the area enclosed by the railing, when the house is in session. It
112-7 shall be the duty of the speaker to see that the officers and
112-8 employees do not violate the regulations promulgated by the
112-9 Committee on House Administration.
112-10 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
112-11 allowed to remain in, the house chamber while the house is in
112-12 session unless properly attired, and all gentlemen shall wear a
112-13 coat and tie. Food or beverage shall not be permitted in the house
112-14 chamber at any time, and no person carrying food or beverage shall
112-15 be admitted to the chamber, whether the house is in session or in
112-16 recess. Reading newspapers shall not be permitted in the house
112-17 chamber while the house is in session.
112-18 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
112-19 is in session, no media representative shall be admitted to the
112-20 floor of the house or allowed its privileges unless the person is a
112-21 salaried staff correspondent, reporter, or photographer regularly
112-22 employed by a newspaper, a press association or news service
112-23 serving newspapers, a publication requiring telegraphic coverage,
112-24 or a duly licensed radio or television station or network.
112-25 (b) Any media representative seeking admission to the floor
112-26 of the house under the provisions of Subsection (a) of this section
112-27 must present to the Committee on House Administration fully
113-1 accredited credentials from his or her employer certifying that the
113-2 media representative is engaged primarily in reporting the sessions
113-3 of the legislature. Regularly accredited media representatives who
113-4 have duly qualified under the provisions of this section may, when
113-5 requested to do so, make recommendations through their professional
113-6 committees to the Committee on House Administration as to the
113-7 sufficiency or insufficiency of the credentials of any person
113-8 seeking admission to the floor of the house under this section.
113-9 Every media representative, before being admitted to the
113-10 floor of the house during its sessions, shall file with the
113-11 Committee on House Administration a written statement showing the
113-12 paper or papers, press association, news service, publication
113-13 requiring telegraphic coverage, or radio or television station or
113-14 network which he or she represents and certifying that no part of
113-15 his or her salary for legislative coverage is paid by any person,
113-16 firm, corporation, or association except the listed news media
113-17 which he or she represents.
113-18 (c) If the Committee on House Administration determines that
113-19 a person's media credentials meet the requirements of this section,
113-20 the committee shall so notify the speaker of the house in writing,
113-21 and the speaker shall issue a pass card to the person. This pass
113-22 card must be presented to the doorkeeper each time the person seeks
113-23 admission to the floor of the house while the house is in session.
113-24 Pass cards issued under this section shall not be transferable.
113-25 Persons admitted to the floor of the house pursuant to the
113-26 provisions of this section shall work in appropriate convenient
113-27 seats or work stations in the house, which shall be designated for
114-1 that purpose by the Committee on House Administration.
114-2 (d) Media representatives who are admitted to the floor of
114-3 the house when the house is in session shall confine their
114-4 activities within the railing to very brief inquiries, brief,
114-5 nonilluminated photographic contacts, and brief contacts to arrange
114-6 interviews and press conferences with members of the house.
114-7 Members of the house shall not engage in interviews and press
114-8 conferences on the house floor while the house is in session. The
114-9 Committee on House Administration is authorized to enforce this
114-10 provision and to prescribe such other regulations as may be
114-11 necessary and desirable to achieve these purposes. Persons
114-12 governed by this subsection shall be subject to the provisions of
114-13 Section 15 of this rule.
114-14 (e) Permission to make live or recorded television or radio
114-15 broadcasts in or from the house chamber while the house is in
114-16 session may be granted only by the Committee on House
114-17 Administration. The committee shall promulgate regulations
114-18 governing television or radio broadcasts, and such regulations
114-19 shall be printed as an addendum to the rules of the house. When
114-20 television or radio broadcasts from the floor of the house are
114-21 recommended by the Committee on House Administration, the
114-22 recommendation shall identify those persons in the technical crews
114-23 to whom pass cards to the floor of the house and galleries are to
114-24 be issued by the speaker. Passes granted under this authority
114-25 shall be subject to revocation on the recommendation of the
114-26 Committee on House Administration. Each committee of the house
114-27 shall have authority to determine whether or not to permit
115-1 television or radio broadcasts of any of its proceedings.
115-2 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
115-3 HOUSE CHAMBER. When the house is not in session, the floor of the
115-4 house shall remain open on days and hours determined by the
115-5 Committee on House Administration. By resolution, the house may
115-6 open the floor of the house during its sessions for the
115-7 inauguration of the governor and lieutenant governor and for such
115-8 other public ceremonies as may be deemed warranted.
115-9 CHAPTER C. SPEAKING AND DEBATE
115-10 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
115-11 speak or deliver any matter to the house, the member shall rise and
115-12 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
115-13 on being recognized, may address the house from the microphone at
115-14 the reading clerk's desk, and shall confine all remarks to the
115-15 question under debate, avoiding personalities.
115-16 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
115-17 members rise at once, the speaker shall name the one who is to
115-18 speak first. This decision shall be final and not open to debate
115-19 or appeal.
115-20 Sec. 24. RECOGNITION. There shall be no appeal from the
115-21 speaker's recognition, but the speaker shall be governed by rules
115-22 and usage in priority of entertaining motions from the floor. When
115-23 a member seeks recognition, the speaker may ask, "For what purpose
115-24 does the member rise?" or "For what purpose does the member seek
115-25 recognition?" and may then decide if recognition is to be
115-26 granted.
115-27 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
116-1 member who has the floor shall not be interrupted by another member
116-2 for any purpose, unless he or she consents to yield to the other
116-3 member. A member desiring to interrupt another in debate should
116-4 first address the speaker for the permission of the member
116-5 speaking. The speaker shall then ask the member who has the floor
116-6 if he or she wishes to yield, and then announce the decision of
116-7 that member. The member who has the floor may exercise personal
116-8 discretion as to whether or not to yield, and it is entirely within
116-9 the member's discretion to determine who shall interrupt and
116-10 when.
116-11 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
116-12 on recognition of the speaker may not be taken off the floor by a
116-13 motion, even the highly privileged motion to adjourn, but if the
116-14 member yields to another to make a motion or to offer an amendment,
116-15 he or she thereby loses the floor.
116-16 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
116-17 proposition, or the member reporting any measure from a committee,
116-18 or, in the absence of either of them, any other member designated
116-19 by such absentee, shall have the right to open and close the
116-20 debate, and for this purpose may speak each time not more than 20
116-21 minutes.
116-22 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
116-23 limited to 10 minutes in duration, except as provided in Section 27
116-24 of this rule, and the speaker shall call the members to order at
116-25 the expiration of their time. If the house by a majority vote
116-26 extends the time of any member, the extension shall be for 10
116-27 minutes only. A second extension of time shall be granted only by
117-1 unanimous consent. During the last 10 calendar days of the regular
117-2 session, and the last 5 calendar days of a special session, Sundays
117-3 excepted, all speeches shall be limited to 10 minutes and shall not
117-4 be extended. The time limits established by this rule shall
117-5 include time consumed in yielding to questions from the floor.
117-6 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
117-7 speak more than twice on the same question without leave of the
117-8 house, nor more than once until every member choosing to speak has
117-9 spoken, nor shall any member be permitted to consume the time of
117-10 another member without leave of the house being given by a majority
117-11 vote.
117-12 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
117-13 pending question is not disposed of because of an adjournment of
117-14 the house, a member who has spoken twice on the subject shall not
117-15 be allowed to speak again without leave of the house.
117-16 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
117-17 a paper is called for, and objection is made, the matter shall be
117-18 determined by a majority vote of the house, without debate.
117-19 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
117-20 person shall pass between the front and back microphones during
117-21 debate or when a member has the floor and is addressing the house.
117-22 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
117-23 member, in speaking or otherwise, transgresses the rules of the
117-24 house, the speaker shall, or any member may, call the member to
117-25 order, in which case the member so called to order shall
117-26 immediately be seated; however, that member may move for an appeal
117-27 to the house, and if appeal is duly seconded by 10 members, the
118-1 matter shall be submitted to the house for decision by majority
118-2 vote. In such cases, the speaker shall not be required to
118-3 relinquish the chair, as is required in cases of appeals from the
118-4 speaker's decisions. The house shall, if appealed to, decide the
118-5 matter without debate. If the decision is in favor of the member
118-6 called to order, the member shall be at liberty to proceed; but if
118-7 the decision is against the member, he or she shall not be allowed
118-8 to proceed, and, if the case requires it, shall be liable to the
118-9 censure of the house, or such other punishment as the house may
118-10 consider proper.
118-11 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
118-12 proceedings of the house of representatives shall be electronically
118-13 recorded under the direction of the Committee on House
118-14 Administration. Copies of the proceedings may be released under
118-15 guidelines promulgated by the Committee on House Administration.
118-16 CHAPTER D. QUESTIONS OF PRIVILEGE
118-17 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
118-18 privilege shall be:
118-19 (1) those affecting the rights of the house
118-20 collectively, its safety and dignity, and the integrity of its
118-21 proceedings; and
118-22 (2) those affecting the rights, reputation, and
118-23 conduct of members individually in their representative capacity
118-24 only.
118-25 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
118-26 privilege shall have precedence over all other questions except
118-27 motions to adjourn. When in order, a member may address the house
119-1 on a question of privilege, or may at any time print it in the
119-2 journal, provided it contains no reflection on any member of the
119-3 house.
119-4 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
119-5 not be in order for a member to address the house on a question of
119-6 privilege:
119-7 (1) between the time an undebatable motion is offered
119-8 and the vote is taken on the motion;
119-9 (2) between the time the previous question is ordered
119-10 and the vote is taken on the last proposition included under the
119-11 previous question; or
119-12 (3) between the time a motion to table is offered and
119-13 the vote is taken on the motion.
119-14 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
119-15 speaking on privilege, members must confine their remarks within
119-16 the limits of Section 35 of this rule, which will be strictly
119-17 construed to achieve the purposes hereof.
119-18 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
119-19 of a main or subsidiary motion shall not be discussed or debated
119-20 under the guise of speaking to a question of privilege.
119-21 CHAPTER E. VOTING
119-22 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
119-23 votes, except viva voce votes, members shall record their votes on
119-24 the voting machine and shall not be recognized by the chair to cast
119-25 their votes from the floor. If a member attempts to vote from the
119-26 floor, the speaker shall sustain a point of order directed against
119-27 the member's so doing. This rule shall not be applicable to the
120-1 mover or the principal opponent of the proposition being voted on
120-2 nor to a member whose voting machine is out of order.
120-3 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
120-4 registration or vote taken on the voting machine of the house shall
120-5 in all instances be considered the equivalent of a roll call or yea
120-6 and nay vote, which might be had for the same purpose.
120-7 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
120-8 member who has a personal or private interest in any measure or
120-9 bill proposed or pending before the house shall disclose the fact
120-10 and not vote thereon.
120-11 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
120-12 house, a quorum being present, the question shall be divided, if it
120-13 includes propositions so distinct in substance that, one being
120-14 taken away, a substantive proposition remains. A motion for a
120-15 division vote cannot be made after the previous question has been
120-16 ordered, after a motion to table has been offered, after the
120-17 question has been put, nor after the yeas and nays have been
120-18 ordered. Under this subsection, the speaker may divide the
120-19 question into groups of propositions that are closely related.
120-20 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
120-21 present and fails or refuses to vote after being requested to do so
120-22 by the speaker shall be recorded as present but not voting, and
120-23 shall be counted for the purpose of making a quorum.
120-24 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
120-25 member must be on the floor of the house or in an adjacent room or
120-26 hallway on the same level as the house floor, in order to vote; but
120-27 members who are out of the house when a record vote is taken and
121-1 who wish to be recorded shall be permitted to do so provided:
121-2 (1) they were out of the house temporarily, having
121-3 been recorded earlier as present;
121-4 (2) the vote is submitted to the journal clerk within
121-5 1 hour of the time the vote was actually registered on the house
121-6 voting machine and the results announced by the chair but not after
121-7 adjournment or recess to another calendar day; and
121-8 (3) the recording of their votes does not change the
121-9 result as announced by the chair.
121-10 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
121-11 each calendar day in which the house is in session, it shall be the
121-12 duty of the reading clerk to lock the voting machine of each member
121-13 who is excused or who is otherwise known to be absent. Each such
121-14 machine shall remain locked until the member in person contacts the
121-15 journal clerk and personally requests the unlocking of the machine.
121-16 Unless otherwise directed by the speaker, the reading clerk shall
121-17 not unlock any machine except at the personal request of the member
121-18 to whom the machine is assigned. Any violation, or any attempt by
121-19 a member or employee to circumvent the letter or spirit of this
121-20 section, shall be reported immediately to the speaker for such
121-21 disciplinary action by the speaker, or by the house, as may be
121-22 warranted under the circumstances.
121-23 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
121-24 by the house of knowingly voting for another member on the voting
121-25 machine shall be subject to discipline deemed appropriate by the
121-26 house.
121-27 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
122-1 begun, it may not be interrupted for any reason. While a yea and
122-2 nay vote is being taken, or the vote is being counted, no member
122-3 shall visit the reading clerk's desk.
122-4 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
122-5 allowed to interrupt the vote or to make any explanation of a vote
122-6 that the member is about to give after the voting machine has been
122-7 opened, but may record in the journal the reasons for giving such a
122-8 vote.
122-9 (b) A "Reason for Vote" must be in writing and filed with
122-10 the journal clerk within two hours of the time the vote was taken
122-11 but not after adjournment or recess to another calendar day. Such
122-12 "Reason for Vote" shall not deal in personalities or contain any
122-13 personal reflection on any member of the legislature, the speaker,
122-14 the lieutenant governor, or the governor, and shall not in any
122-15 other manner transgress the rules of the house relating to decorum
122-16 and debate.
122-17 (c) A member absent when a vote was taken may file with the
122-18 journal clerk while the house is in session a statement of how the
122-19 member would have voted if present. The statement shall be printed
122-20 in the journal on the date filed.
122-21 Sec. 50. PAIRS. All pairs must be announced before the vote
122-22 is declared by the speaker, and a written statement sent to the
122-23 journal clerk. The statement must be signed by the absent member
122-24 to the pair, or the member's signature must have been authorized in
122-25 writing, by telegraph, or by telephone, and satisfactory evidence
122-26 presented to the speaker if deemed necessary. If authorized by
122-27 telephone, the call must be to and confirmed by the chief clerk in
123-1 advance of the vote to which it applies. Pairs shall be entered in
123-2 the journal, and the member present shall be counted to make a
123-3 quorum.
123-4 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
123-5 desire of any three members present, the yeas and nays of the
123-6 members of the house on any question shall be taken and entered in
123-7 the journal. No member or members shall be allowed to call for a
123-8 yea and nay vote after a vote has been declared by the speaker. A
123-9 motion to expunge a yea and nay vote from the journal shall not be
123-10 in order.
123-11 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
123-12 votes members may have their votes recorded in the journal as "yea"
123-13 or "nay" by filing such information with the journal clerk within 1
123-14 hour of the time the results are announced by the chair but not
123-15 after adjournment or recess to another calendar day.
123-16 Sec. 53. CHANGING A VOTE. Before the result of a vote has
123-17 been finally and conclusively pronounced by the chair, but not
123-18 thereafter, a member may change his or her vote; however, if a
123-19 member's vote is erroneous, the member shall be allowed to change
123-20 that vote at a later time provided:
123-21 (1) the result of the record vote is not changed
123-22 thereby;
123-23 (2) the request is made known to the house by the
123-24 chair and permission for the change is granted by unanimous
123-25 consent; and
123-26 (3) a notation is made in the journal that the
123-27 member's vote was changed.
124-1 Sec. 54. TIE VOTE. All matters on which a vote may be taken
124-2 by the house shall require for adoption a favorable affirmative
124-3 vote as required by these rules, and in the case of a tie vote, the
124-4 matter shall be considered lost.
124-5 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
124-6 result of a yea and nay vote is close, the speaker may on the
124-7 request of any member order a verification vote, or the speaker may
124-8 order a verification on his or her own initiative. During
124-9 verification, no member shall change a vote unless it was
124-10 erroneously recorded, nor may any member not having voted cast a
124-11 vote; however, when the clerk errs in reporting the yeas and nays,
124-12 and correction thereof leaves decisive effect to the speaker's
124-13 vote, the speaker may exercise the right to vote, even though the
124-14 result has been announced. A verification shall be called for
124-15 immediately after the vote is announced. The speaker shall not
124-16 entertain a request for verification after the house has proceeded
124-17 to the next question, or after a recess or an adjournment. A vote
124-18 to recess or adjourn, like any other proposition, may be verified.
124-19 Only one vote verification can be pending at a time. A
124-20 verification may be dispensed with by a two-thirds vote.
124-21 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
124-22 allow the verification of a registration (as differentiated from a
124-23 record vote) if in the speaker's opinion there is serious doubt as
124-24 to the presence of a quorum.
124-25 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
124-26 VERIFICATION. A motion for a call of the house, and all incidental
124-27 motions relating to it, shall be in order pending the verification
125-1 of a vote. These motions must be made before the roll call on
125-2 verification begins, and it shall not be in order to break into the
125-3 roll call to make them.
125-4 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
125-5 If, by an error of the clerk in reporting the yeas and nays from a
125-6 registration, the speaker announces a result different from that
125-7 shown by the registration or verification, the status of the
125-8 question shall be determined by the vote as actually recorded. If
125-9 the vote is erroneously announced in such a way as to change the
125-10 true result, all subsequent proceedings in connection therewith
125-11 shall fail, and the journal shall be amended accordingly.
125-12 RULE 6. ORDER OF BUSINESS AND CALENDARS
125-13 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
125-14 convenes on a new legislative day, the daily order of business
125-15 shall be as follows:
125-16 (1) Call to order by speaker.
125-17 (2) Registration of members.
125-18 (3) Prayer by chaplain, unless the invocation has been
125-19 given previously on the particular calendar day.
125-20 (4) Excuses for absence of members and officers.
125-21 (5) First reading and reference to committee of bills
125-22 filed with the chief clerk; and motions to introduce bills, when
125-23 such motions are required.
125-24 (6) Requests to print bills and other papers; requests
125-25 of committees for further time to consider papers referred to them;
125-26 and all other routine motions and business not otherwise provided
125-27 for, all of which shall be undebatable except that the mover and
126-1 one opponent of the motion shall be allowed three minutes each.
126-2 The mover of a routine motion shall be allowed his or her
126-3 choice of making the opening or the closing speech under this rule.
126-4 If the house, under a suspension of the rules, extends the time of
126-5 a member under this rule, such extensions shall be for three
126-6 minutes. Subsidiary motions that are applicable to routine motions
126-7 shall be in order, but the makers of such subsidiary motions shall
126-8 not be entitled to speak thereon in the routine motion period, nor
126-9 shall the authors of the original routine motions be allowed any
126-10 additional time because of subsidiary motions.
126-11 (7) Unfinished business.
126-12 (8) Postponed matters to be laid before the house in
126-13 accordance with Rule 7, Section 15.
126-14 (9) Calendars of the house in their order of priority
126-15 in accordance with Section 7 of this rule, unless a different order
126-16 is determined under other provisions of these rules.
126-17 (b) When the house reconvenes for the first time on a new
126-18 calendar day following a recess, the daily order of business shall
126-19 be:
126-20 (1) Call to order by the speaker.
126-21 (2) Registration of members.
126-22 (3) Prayer by the chaplain.
126-23 (4) Excuses for absence of members and officers.
126-24 (5) Pending business.
126-25 (6) Calendars of the house in their order of priority
126-26 in accordance with Section 7 of this rule, unless a different order
126-27 is determined under other provisions of these rules.
127-1 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
127-2 measure may on any day be made a special order for the same day or
127-3 for a future day of the session by an affirmative vote of
127-4 two-thirds of the members present. A motion to set a special order
127-5 shall be subject to the three-minute pro and con debate rule. When
127-6 once established as a special order, a bill, resolution, or other
127-7 measure shall be considered from day to day until disposed of; and
127-8 until it has been disposed of, no further special orders shall be
127-9 made.
127-10 A three-fourths vote of the members present shall be required
127-11 to suspend the portion of this rule which specifies that only one
127-12 special order may be made and pending at a time.
127-13 (b) After the first six items under the daily order of
127-14 business for a legislative day have been passed, a special order
127-15 shall have precedence when the hour for its consideration has
127-16 arrived, except as provided in Section 9 of this rule.
127-17 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
127-18 may be postponed to a day certain by a two-thirds vote of those
127-19 present, and when so postponed, shall be considered as disposed of
127-20 so far as its place as a special order is concerned.
127-21 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
127-22 resolution laid on the table subject to call may be made a special
127-23 order.
127-24 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
127-25 motion is pending to set a particular bill or resolution as a
127-26 special order, it shall not be in order to move as a substitute to
127-27 set another bill or resolution as a special order. It shall be in
128-1 order, however, to substitute, by majority vote, a different time
128-2 for the special order consideration than that given in the original
128-3 motion.
128-4 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
128-5 If a member moves to set a bill or joint resolution as a special
128-6 order, or moves to suspend the rules to take up a bill or joint
128-7 resolution out of its regular order, and the motion prevails, the
128-8 member shall not have the right to make either of these motions
128-9 again until every other member has had an opportunity, via either
128-10 of these motions, to have some bill or joint resolution considered
128-11 out of its regular order during that session of the legislature. A
128-12 member shall not lose the suspension privilege if the motion to
128-13 suspend or set for special order does not prevail.
128-14 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
128-15 the house shall be controlled by a system of calendars, consisting
128-16 of the following:
128-17 (1) EMERGENCY CALENDAR, on which shall appear <to
128-18 which shall be assigned all> bills considered to be of such
128-19 pressing and imperative import as to demand immediate action, <all>
128-20 bills to raise revenue and levy taxes, and the general
128-21 appropriations bill. A bill submitted as an emergency matter by
128-22 the governor may also be placed on <assigned to> this calendar.
128-23 (2) MAJOR STATE CALENDAR, on which shall appear <to
128-24 which shall be assigned all> bills of statewide effect, not
128-25 emergency in nature, which establish or change state policy in a
128-26 major field of governmental activity and which will have a major
128-27 impact in application throughout the state without regard to class,
129-1 area, or other limiting factors.
129-2 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
129-3 appear <to which shall be assigned all> joint resolutions proposing
129-4 amendments to the Texas Constitution and <all> joint resolutions
129-5 proposing the ratification of amendments to the Constitution of the
129-6 United States, and <all> concurrent resolutions applying to
129-7 Congress for a convention to amend the Constitution of the United
129-8 States.
129-9 (4) GENERAL STATE CALENDAR, on which shall appear <to
129-10 which shall be assigned all> bills of statewide effect, not
129-11 emergency in nature, which establish or change state law and which
129-12 have application to all areas but are limited in legal effect by
129-13 classification or other factors which minimize the impact to
129-14 something less than major state policy, and <all> bills, not
129-15 emergency in nature, which are not on a local or consent calendar.
129-16 (5) LOCAL CALENDAR, on which shall appear <to which
129-17 shall be assigned all> local bills, not emergency in nature, as
129-18 defined by Rule 8, Section 10(c), and which have been recommended
129-19 by the appropriate standing committee for placement on <assignment
129-20 to> an appropriate calendar by the Committee on Local and Consent
129-21 Calendars.
129-22 (6) CONSENT CALENDAR, on which shall appear <to which
129-23 shall be assigned all> bills, not emergency in nature, regardless
129-24 of extent and scope, on which there is such general agreement as to
129-25 render improbable any opposition to the consideration and passage
129-26 thereof, and which have been recommended by the appropriate
129-27 standing committee for placement on <assignment to> an appropriate
130-1 calendar by the Committee on Local and Consent Calendars.
130-2 (7) RESOLUTIONS CALENDAR, on which shall appear <to
130-3 which shall be assigned all> house resolutions and concurrent
130-4 resolutions, not emergency in nature and not privileged.
130-5 (8) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
130-6 on which shall appear <to which shall be assigned all>
130-7 congratulatory and memorial resolutions whose sole intent is to
130-8 congratulate<,> or memorialize a current or former public
130-9 official<,> or to commemorate an event of national or statewide
130-10 significance <otherwise express concern or commendation>. The
130-11 Committee on Rules and Resolutions may provide separate categories
130-12 for congratulatory and memorial resolutions.
130-13 (9) MOTIONS CALENDAR, on which shall appear motions
130-14 which are memorial or congratulatory in nature. The Committee on
130-15 Rules and Resolutions may provide separate categories for
130-16 congratulatory and memorial motions.
130-17 (b) A calendars committee shall strictly construe and the
130-18 speaker shall strictly enforce this system of calendars.
130-19 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
130-20 resolutions pending in the house shall follow the same procedure
130-21 with regard to calendars as house bills and resolutions, but
130-22 separate calendars shall be maintained for senate bills and
130-23 resolutions, and consideration of them on senate bill days shall
130-24 have priority in the manner and order specified in this rule.
130-25 (b) No other business shall be considered on days devoted to
130-26 the consideration of senate bills when there remain any bills on
130-27 any of the senate calendars, except with the consent of the senate.
131-1 When all senate calendars are clear, the house may proceed to
131-2 consideration of house calendars on senate bill days.
131-3 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
131-4 calendar Thursday of each week, only senate bills and senate
131-5 resolutions shall be taken up and considered, until disposed of.
131-6 Senate bills and senate resolutions shall be considered in the
131-7 order prescribed in Section 7 of this rule on separate senate
131-8 calendars prepared by the Committee on Calendars. In case a senate
131-9 bill or senate resolution is pending at adjournment on calendar
131-10 Thursday, it shall go over to the succeeding calendar Wednesday as
131-11 unfinished business.
131-12 (b) Precedence given in Rule 8 to certain classes of bills
131-13 during the first 60 calendar days of a regular session shall also
131-14 apply to senate bills on senate bill days.
131-15 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
131-16 any house bill is reached on the calendar or is before the house
131-17 for consideration, it shall be the duty of the speaker to give the
131-18 place on the calendar of the house bill to any senate bill
131-19 containing the same subject that has been referred to and reported
131-20 from a committee of the house and to lay the senate bill before the
131-21 house, to be considered in lieu of the house bill.
131-22 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
131-23 MEMORIAL CALENDARS <RESOLUTIONS CALENDAR>. As the volume of
131-24 legislation shall warrant, the chair of the Committee on Rules and
131-25 Resolutions shall move to designate periods for the consideration
131-26 of <the> congratulatory and memorial calendars <resolutions
131-27 calendar>. Each such motion shall require a two-thirds vote for
132-1 its adoption. In each instance, the Committee on Rules and
132-2 Resolutions shall prepare and distribute to each member a printed
132-3 calendar at least 24 hours in advance of the hour set for
132-4 consideration. No memorial or congratulatory resolution or motion
132-5 will be heard by the full house without having first been approved,
132-6 at least 24 hours in advance, through the committee process by the
132-7 Committee on Rules and Resolutions. If the Committee on Rules and
132-8 Resolutions determines that a resolution is not eligible for
132-9 placement on <assignment to> the congratulatory and memorial
132-10 <resolutions> calendar the measure shall be sent to the Committee
132-11 on Calendars for further action. A congratulatory and memorial
132-12 <The> calendar will contain the resolution or motion number, the
132-13 author's name, and a brief description of the intent of the
132-14 resolution or motion. On the congratulatory and memorial calendar,
132-15 congratulatory resolutions may be listed separately from memorial
132-16 resolutions and congratulatory motions may be listed separately
132-17 from memorial motions. Once a printed calendar is distributed, no
132-18 additional resolutions or motions will be added to it, and the
132-19 requirements of this section shall not be subject to suspension.
132-20 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
132-21 MEMORIAL CALENDARS <RESOLUTIONS CALENDAR>. During the
132-22 consideration of a <the> congratulatory and memorial <resolutions>
132-23 calendar, resolutions shall not be read in full unless they pertain
132-24 to members or former members of the legislature, or unless the
132-25 intended recipient of the resolution is present on the house floor
132-26 or in the gallery. All<, and all> other such resolutions and all
132-27 motions shall be read only by number, type of resolution or motion,
133-1 and name of the person or persons designated in the resolutions or
133-2 motions. Members shall notify the chair, in advance of
133-3 consideration of the calendar, of any resolutions that will be
133-4 required to be read in full. In addition, the following procedures
133-5 shall be observed:
133-6 (1) The chair shall recognize the reading clerk to
133-7 read the resolutions and motions within each category on the
133-8 calendar only by number, type of resolution or motion, author or
133-9 sponsor, and name of the person or persons designated in the
133-10 resolutions or motions, except for those resolutions that have been
133-11 withdrawn or that are required to be read in full. The resolutions
133-12 and motions read by the clerk shall then be adopted in one motion
133-13 for each category.
133-14 (2) Subsequent to the adoption of the resolutions and
133-15 motions read by the clerk, the chair shall proceed to lay before
133-16 the house the resolutions on the calendar that are required to be
133-17 read in full. Each such resolution shall be read and adopted
133-18 individually.
133-19 (3) If it develops that any resolution on the
133-20 congratulatory and memorial <resolutions> calendar does not belong
133-21 on that calendar, the chair shall withdraw the resolution from
133-22 further consideration, remove it from the calendar, and refer it to
133-23 the appropriate calendars committee for placement on <assignment
133-24 to> the proper calendar.
133-25 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
133-26 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
133-27 the chair of the Committee on Local and Consent Calendars shall
134-1 move to designate periods for the consideration of local, consent,
134-2 and resolutions <local calendars, consent calendars, and
134-3 resolutions> calendars. Each such motion shall require a
134-4 two-thirds vote for its adoption. In each instance, the Committee
134-5 on Local and Consent Calendars shall prepare and distribute to each
134-6 member a printed calendar at least 48 hours in advance of the hour
134-7 set for consideration. Once a printed calendar is distributed, no
134-8 additional bills or resolutions will be added to it. This
134-9 requirement can be suspended only by unanimous consent. No local,
134-10 consent, and resolutions calendar may be considered by the house if
134-11 it is determined that the rules of the house were not complied with
134-12 by the Committee on Local and Consent Calendars in preparing that
134-13 calendar.
134-14 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
134-15 RESOLUTIONS CALENDARS. During the consideration of a local,
134-16 consent, and resolutions <local calendar, consent calendar, or
134-17 resolutions> calendar set by the Committee on Local and Consent
134-18 Calendars the following procedures shall be observed:
134-19 (1) The chair shall allow the sponsor of each bill or
134-20 resolution three minutes to explain the measure, and the time shall
134-21 not be extended except by unanimous consent of the house. This
134-22 rule shall have precedence over all other rules limiting time for
134-23 debate.
134-24 (2) If it develops that any bill on the <a> local
134-25 calendar of a local, consent, and resolutions calendar is not in
134-26 fact local, as defined by the rules, the chair shall withdraw the
134-27 bill from further consideration and remove it from the calendar.
135-1 (3) If it develops that any bill or resolution on a
135-2 local, consent, and <or> resolutions calendar is to be contested on
135-3 the floor of the house, the chair shall withdraw the bill or
135-4 resolution from further consideration and remove it from the
135-5 calendar.
135-6 (4) Any bill or resolution on a local, consent, and
135-7 <or> resolutions calendar shall be considered contested if notice
135-8 is given by five or more members that they intend to oppose the
135-9 bill or resolution, either by a raising of hands or the delivery of
135-10 written notice to the chair.
135-11 (5) Any bill or resolution on a local, consent, and
135-12 <or> resolutions calendar shall be considered contested if debate
135-13 exceeds 10 minutes. The chair shall strictly enforce this time
135-14 limit and automatically withdraw the bill from further
135-15 consideration if the time limit herein imposed is exceeded.
135-16 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
135-17 local calendars, consent calendars, resolutions calendars, and
135-18 congratulatory and memorial <resolutions> calendars, consideration
135-19 of calendars shall be in the order named in Section 7 of this rule,
135-20 subject to any exceptions ordered by the Committee on Calendars.
135-21 With respect to a particular calendar, bills and resolutions on
135-22 third reading shall have precedence over bills and resolutions on
135-23 second reading.
135-24 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
135-25 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
135-26 printed daily when the house is in session. A printed copy of each
135-27 calendar shall be placed in the newspaper mailbox of each member at
136-1 least 36 hours if convened in regular session and 24 hours if
136-2 convened in special session before the calendar may be considered
136-3 by the house <and distribution made to members no later than 24
136-4 hours preceding the time the calendars shall be considered by the
136-5 house, except as otherwise provided in these rules>. Deviations
136-6 from the calendars as printed and distributed shall not be
136-7 permitted except that the Committee on Calendars shall be
136-8 authorized to print and distribute, not later than two hours before
136-9 the house convenes, a supplemental daily house calendar, on which
136-10 shall appear <only>:
136-11 (1) bills or resolutions which were passed to third
136-12 reading on the previous legislative day;
136-13 (2) bills or resolutions which appeared on the Daily
136-14 House Calendar for a previous calendar day which were not reached
136-15 for floor consideration;
136-16 (3) postponed business from a previous calendar day;
136-17 and
136-18 (4) notice to take from the table a bill or resolution
136-19 which was laid on the table subject to call on a previous
136-20 legislative day.
136-21 In addition to the items listed above, the bills and
136-22 resolutions from a daily house calendar that will be eligible for
136-23 consideration may be incorporated, in their proper order as
136-24 determined by these rules, into the supplemental daily house
136-25 calendar.
136-26 (b) In addition, when the volume of legislation shall
136-27 warrant, and upon request of the speaker, the chief clerk shall
137-1 have printed and distributed to the members, a list of Items
137-2 Eligible for Consideration, on which shall appear only:
137-3 (1) house bills with senate amendments that are
137-4 eligible for consideration under Rule 13 <14>, Section 5;
137-5 (2) senate bills for which the senate has requested
137-6 appointment of a conference committee; and
137-7 (3) conference committee reports that are eligible for
137-8 consideration under Rule 13 <14>, Section 10.
137-9 (c) A copy of the <The> list of Items Eligible for
137-10 Consideration must be placed in the newspaper mailbox of each
137-11 member at least six hours before the list may be considered by the
137-12 house <at any time after it has been printed and distributed>.
137-13 (d) The time at which the copies of a calendar or list are
137-14 placed in the newspaper mailboxes of the members shall be
137-15 time-stamped on the originals of the calendar or list.
137-16 (e) No house calendar shall be eligible for consideration if
137-17 it is determined that the rules of the house were not complied with
137-18 by the Committee on Calendars in preparing that calendar.
137-19 (f) If the Committee on Calendars has proposed a rule for
137-20 floor consideration of a bill or resolution that is eligible to be
137-21 placed on a calendar of the daily house calendar, the rule must be
137-22 printed and a copy distributed to each member. If the bill or
137-23 resolution to which the rule will apply has already been placed on
137-24 a calendar of the daily house calendar, a copy of the rule must be
137-25 attached to the printed calendar on which the bill or resolution
137-26 appears. The speaker shall lay a proposed rule before the house
137-27 prior to the consideration of the bill or resolution to which the
138-1 rule will apply. The rule may be laid before the house anytime
138-2 after a copy of the rule has been distributed to each member in
138-3 accordance with this subsection. The rule shall not be subject to
138-4 amendment, but to be effective, the rule must be approved by the
138-5 house by an affirmative vote of a majority of those members present
138-6 and voting. If approved by the house in accordance with this
138-7 subsection, the rule will be effective for the consideration of the
138-8 bill or resolution on both second and third readings.
138-9 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
138-10 is placed on <assigned to> its appropriate calendar under these
138-11 rules, and has appeared on a house calendar, as printed and
138-12 distributed to all members, the bill shall retain its relative
138-13 position on the calendar until reached for floor consideration, and
138-14 the calendars committee <Calendars Committee> with jurisdiction
138-15 over the bill or resolution shall have no authority to place other
138-16 bills on the calendar ahead of that bill, but all additions to the
138-17 calendar shall appear subsequent to the bill.
138-18 Sec. 18. REQUIREMENTS FOR PLACEMENT ON <ASSIGNMENT TO> A
138-19 CALENDAR. No bill or resolution shall be placed on <assigned to> a
138-20 calendar until:
138-21 (1) it has been referred to and reported from its
138-22 appropriate standing committee by favorable committee action; or
138-23 (2) it is ordered printed on minority report or after
138-24 a committee has reported its inability to recommend a course of
138-25 action.
138-26 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
138-27 resolutions, on being reported from committee, shall be referred
139-1 immediately to the chief clerk for printing <committee coordinator>
139-2 and then to the appropriate calendars committee for placement on
139-3 <assignment to> the appropriate calendar.
139-4 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON <ASSIGNMENT TO> A
139-5 CALENDAR. Within 30 calendar days after a bill or resolution has
139-6 been referred to the appropriate calendars committee, the committee
139-7 must vote on whether to place the bill or resolution on one of the
139-8 calendars of the daily house calendar or the local, consent, and
139-9 resolutions calendar, as applicable. A vote against placement of
139-10 the bill or resolution on a calendar does not preclude a calendars
139-11 committee from later voting in favor of placement of the bill or
139-12 resolution on a calendar <Each calendars committee shall act
139-13 promptly in assigning each bill and resolution to its appropriate
139-14 calendar. Such assignment, if not made sooner, must be made within
139-15 7 calendar days after such bill or resolution was referred to the
139-16 committee, except during the last 10 calendar days of a session,
139-17 when such assignment must be made within 72 hours after referral to
139-18 the Calendars Committee with jurisdiction over the bill or
139-19 resolution>.
139-20 Sec. 21. MOTION TO PLACE ON <ASSIGN TO> A CALENDAR.
139-21 (a) When a bill or resolution has been in the appropriate
139-22 calendars committee for 30 <7> calendar days, exclusive of the
139-23 calendar day on which it was referred, awaiting placement on one of
139-24 the calendars of the daily house calendar or local, consent, and
139-25 resolutions calendar, <assignment to its appropriate calendar,> it
139-26 shall be in order for a member to move that the bill or resolution
139-27 be placed on <assigned to> a specific calendar of the daily house
140-1 calendar or local, consent, and resolutions calendar without action
140-2 by the committee. This motion must be seconded by five members and
140-3 shall require a majority vote for adoption.
140-4 (b) A motion to place <assign> a bill or resolution on <to>
140-5 a specific calendar of the daily house calendar or local, consent,
140-6 and resolutions calendar is not a privileged motion and must be
140-7 made during the routine motion period unless made under a
140-8 suspension of the rules.
140-9 Sec. 22. REQUEST FOR PLACEMENT ON <ASSIGNMENT TO> LOCAL,
140-10 CONSENT, OR RESOLUTIONS CALENDAR. No bill or resolution shall be
140-11 considered for placement on <assignment to> a local, consent, or
140-12 resolutions calendar by the Committee on Local and Consent
140-13 Calendars unless a request for that placement <assignment> has been
140-14 made to the chair of the standing committee from which the bill or
140-15 resolution was reported and unless the committee report of the
140-16 standing committee recommends that the bill or resolution be sent
140-17 to the Committee on Local and Consent Calendars for placement on
140-18 <assignment to> an appropriate calendar. The recommendation of the
140-19 standing committee shall be advisory only, and the Committee on
140-20 Local and Consent Calendars shall have final authority to determine
140-21 whether or not a bill or resolution shall be placed on <assigned
140-22 to> a local, consent, or resolutions calendar. If the Committee on
140-23 Local and Consent Calendars determines that the bill or resolution
140-24 is not eligible for placement on a <assignment to the> local,
140-25 consent, or resolutions calendar, the measure shall be sent to the
140-26 Committee on Calendars for further action.
140-27 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON <ASSIGNMENT TO> A
141-1 LOCAL, CONSENT, OR RESOLUTIONS CALENDAR. (a) No bill shall be
141-2 placed on <assigned to> the local calendar unless:
141-3 (1) it is a local bill as defined by Rule 8, Section
141-4 10(c);
141-5 (2) evidence of publication of notice in compliance
141-6 with the Texas Constitution and these rules is filed with the
141-7 Committee on Local and Consent Calendars; and
141-8 (3) it has been recommended unanimously by the present
141-9 and voting members of the committee from which it was reported that
141-10 the bill be sent to the Committee on Local and Consent Calendars
141-11 for placement on <assignment to> an appropriate calendar.
141-12 (b) No bill which limits its application by means of
141-13 population brackets shall be placed on <assigned to> the local
141-14 calendar.
141-15 (c) No bill shall be placed on <assigned to> a consent
141-16 calendar unless it has been recommended unanimously by the present
141-17 and voting members of the committee from which it was reported that
141-18 the bill be sent to the Committee on Local and Consent Calendars
141-19 for placement on <assignment to> an appropriate calendar.
141-20 (d) No resolution shall be placed on <assigned to> a
141-21 resolutions calendar by the Committee on Local and Consent
141-22 Calendars unless it has been recommended unanimously by the present
141-23 and voting members of the committee from which it was reported that
141-24 the resolution be sent to the Committee on Local and Consent
141-25 Calendars for placement on <assignment to> an appropriate calendar.
141-26 Sec. 24. REPLACEMENT <REASSIGNMENT> OF CONTESTED BILLS AND
141-27 RESOLUTIONS. A bill or resolution once removed from a local
142-1 calendar, consent calendar, or resolutions calendar shall be
142-2 returned to the Committee on Local and Consent Calendars for
142-3 further action. The Committee on Local and Consent Calendars, if
142-4 it feels such action is warranted, may again place <assign> the
142-5 bill or resolution on <to> a local calendar, consent calendar, or
142-6 resolutions calendar, provided, however, that if the bill or
142-7 resolution is not placed on a calendar of the next local, consent,
142-8 and resolutions calendar set by the Committee on Local and Consent
142-9 Calendars, the bill or resolution shall immediately be referred to
142-10 the Committee on Calendars for further action. If the bill or
142-11 resolution is then removed from the calendar a second time by being
142-12 contested on the floor of the house, the bill or resolution shall
142-13 not again be placed on <assigned to> a local calendar, consent
142-14 calendar, or resolutions calendar by the Committee on Local and
142-15 Consent Calendars during that session of the legislature but shall
142-16 be returned to the Committee on Calendars for further action.
142-17 Sec. 25. DISCRETION IN PLACEMENT ON <ASSIGNMENT TO>
142-18 CALENDARS. Subject to the limitations contained in this rule, the
142-19 Committee on Calendars shall have full authority to make placements
142-20 on <assignments to> calendars in whatever order is necessary and
142-21 desirable under the circumstances then existing, except that bills
142-22 on third reading on a particular calendar shall have precedence
142-23 over bills on second reading on the same calendar. It is the
142-24 intent of the calendar system to give the Committee on Calendars
142-25 wide discretion to insure adequate consideration by the house of
142-26 important legislation.
142-27 <Sec. 26. MOTION TO REASSIGN. (a) During the first 76
143-1 calendar days of a regular session, after a bill or resolution has
143-2 been assigned to its appropriate calendar, it shall be in order for
143-3 a member to move that the bill or resolution be reassigned to a
143-4 different calendar, which shall require a two-thirds vote for
143-5 adoption.>
143-6 <(b) After the first 76 calendar days of a regular session,
143-7 when a bill or resolution has been assigned to its appropriate
143-8 calendar, it shall be in order for a member to move that the bill
143-9 or resolution be reassigned to a different calendar, which shall
143-10 require a majority vote for adoption.>
143-11 <(c) A motion to reassign a bill from one calendar to
143-12 another is not a privileged motion and must be made during the
143-13 routine motion period unless made under a suspension of the rules.>
143-14 RULE 7. MOTIONS
143-15 CHAPTER A. GENERAL MOTIONS
143-16 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
143-17 motions, in addition to any elsewhere provided herein, shall be
143-18 decided without debate, except as otherwise provided in these
143-19 rules:
143-20 (1) to adjourn;
143-21 (2) to lay on the table;
143-22 (3) to lay on the table subject to call;
143-23 (4) to suspend the rule as to the time for
143-24 introduction of bills;
143-25 (5) to order a call of the house, and all motions
143-26 incidental thereto;
143-27 (6) an appeal by a member called to order;
144-1 (7) on questions relating to priority of business;
144-2 (8) to amend the caption of a bill or resolution;
144-3 (9) to extend the time of a member speaking under the
144-4 previous question or to allow a member who has the right to speak
144-5 after the previous question is ordered to yield the time, or a part
144-6 of it, to another;
144-7 (10) to reconsider and table.
144-8 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
144-9 the mover and one opponent of the motion three minutes each during
144-10 which to debate the following motions without debating the merits
144-11 of the bill, resolution, or other matter, and the mover of the
144-12 motion may elect to either open the debate or close the debate, but
144-13 the mover's time may not be divided:
144-14 (1) to suspend the regular order of business and take
144-15 up some measure out of its regular order;
144-16 (2) to instruct a committee to report a certain bill
144-17 or resolution;
144-18 (3) to rerefer a bill or resolution from one committee
144-19 to another;
144-20 (4) to place <assign> a bill or resolution on <to> a
144-21 specific calendar without action by the appropriate calendars
144-22 committee <Committee on Calendars>;
144-23 (5) <to reassign a bill or resolution from one
144-24 calendar to another;>
144-25 <(6)> to take up a bill or resolution laid on the
144-26 table subject to call;
144-27 (6) <(7)> to set a special order;
145-1 (7) <(8)> to suspend the rules;
145-2 (8) <(9)> to suspend the constitutional rule requiring
145-3 bills to be read on three several days;
145-4 (9) <(10)> to pass a resolution suspending the joint
145-5 rules;
145-6 (10) <(11)> to order the previous question;
145-7 (11) <(12)> to order the limiting of amendments to a
145-8 bill or resolution;
145-9 (12) <(13)> to print documents, reports, or other
145-10 material in the journal;
145-11 (13) <(14)> to take any other action required or
145-12 permitted during the routine motion period by Rule 6, Section 1;
145-13 (14) <(15)> to divide the question.
145-14 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
145-15 under debate, the following motions, and none other, shall be in
145-16 order, and such motions shall have precedence in the following
145-17 order:
145-18 (1) to adjourn;
145-19 (2) to take recess;
145-20 (3) to lay on the table;
145-21 (4) to lay on the table subject to call;
145-22 (5) for the previous question;
145-23 (6) to postpone to a day certain;
145-24 (7) to commit, recommit, refer, or rerefer;
145-25 (8) to amend by striking out the enacting or resolving
145-26 clause, which, if carried, shall have the effect of defeating the
145-27 bill or resolution;
146-1 (9) to amend;
146-2 (10) to postpone indefinitely.
146-3 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
146-4 been made, the speaker shall state it, or if it is in writing,
146-5 order it read by the clerk; and it shall then be in possession of
146-6 the house.
146-7 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
146-8 the house and entertained by the speaker shall be reduced to
146-9 writing on the demand of any member, and shall be entered on the
146-10 journal with the name of the member making it.
146-11 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
146-12 by the mover at any time before a decision on the motion, even
146-13 though an amendment may have been offered and is pending. It
146-14 cannot be withdrawn, however, if the motion has been amended.
146-15 After the previous question has been ordered, a motion can be
146-16 withdrawn only by unanimous consent.
146-17 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
146-18 or recess shall always be in order, except:
146-19 (1) when the house is voting on another motion;
146-20 (2) when the previous question has been ordered and
146-21 before the final vote on the main question, unless a roll call
146-22 shows the absence of a quorum;
146-23 (3) when a member entitled to the floor has not
146-24 yielded for that purpose; or
146-25 (4) when no business has been transacted since a
146-26 motion to adjourn or recess has been defeated.
146-27 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
147-1 RECESS. When several motions to recess or adjourn are made at the
147-2 same period, the motion to adjourn carrying the shortest time shall
147-3 be put first, then the next shortest time, and in that order until
147-4 a motion to adjourn has been adopted or until all have been voted
147-5 on and lost; and then the same procedure shall be followed for
147-6 motions to recess.
147-7 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
147-8 RECESS. A motion to adjourn or recess may not be withdrawn when it
147-9 is one of a series upon which voting has commenced, nor may an
147-10 additional motion to adjourn or recess be made when voting has
147-11 commenced on a series of such motions.
147-12 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
147-13 vote by which a motion to adjourn or recess is carried or lost
147-14 shall not be subject to a motion to reconsider.
147-15 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
147-16 number of members than a quorum may adjourn from day to day, and
147-17 may compel the attendance of absent members.
147-18 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
147-19 carried, shall have the effect of killing the bill, resolution,
147-20 amendment, or other immediate proposition to which it was applied.
147-21 Such a motion shall not be debatable, but the mover of the
147-22 proposition to be tabled, or the member reporting it from
147-23 committee, shall be allowed to close the debate after the motion to
147-24 table is made and before it is put to a vote. When a motion to
147-25 table is made to a debatable main motion, the main motion mover
147-26 shall be allowed 20 minutes to close the debate, whereas the movers
147-27 of other debatable motions sought to be tabled shall be allowed
148-1 only 10 minutes to close. The vote by which a motion to table is
148-2 carried or lost cannot be reconsidered. After the previous
148-3 question has been ordered, a motion to table is not in order. The
148-4 provisions of this section do not apply to motions to "lay on the
148-5 table subject to call"; however, a motion to lay on the table
148-6 subject to call cannot be made after the previous question has been
148-7 ordered.
148-8 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
148-9 resolution, or other matter is pending before the house, it may be
148-10 laid on the table subject to call, and one legislative day's
148-11 notice, as printed on the Supplemental House Calendar, must be
148-12 given before the proposition can be taken from the table, unless it
148-13 is on the same legislative day, in which case it can be taken from
148-14 the table at any time except when there is another matter pending
148-15 before the house. A bill, resolution, or other matter can be taken
148-16 from the table only by a majority vote of the house. When a
148-17 special order is pending, a motion to take a proposition from the
148-18 table cannot be made unless the proposition is a privileged
148-19 matter.
148-20 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
148-21 certain may be amended and is debatable within narrow limits, but
148-22 the merits of the proposition sought to be postponed cannot be
148-23 debated. A motion to postpone indefinitely opens to debate the
148-24 entire proposition to which it applies.
148-25 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
148-26 to a day certain shall be laid before the house at the time on the
148-27 calendar day to which it was postponed, provided it is otherwise
149-1 eligible under the rules and no other business is then pending. If
149-2 business is pending, the postponed matter shall be deferred until
149-3 the pending business is disposed of without prejudice otherwise to
149-4 its right of priority. When a privileged matter is postponed to a
149-5 particular time, and that time arrives, the matter, still retaining
149-6 its privileged nature, shall be taken up even though another matter
149-7 is pending.
149-8 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
149-9 two or more bills, resolutions, or other propositions are postponed
149-10 to the same time, and are otherwise eligible for consideration at
149-11 that time, they shall be considered in the chronological order of
149-12 their setting.
149-13 Sec. 17. MOTION TO REFER. When motions are made to refer a
149-14 subject to a select or standing committee, the question on the
149-15 subject's referral to a standing committee shall be put first.
149-16 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
149-17 after being defeated at the routine motion period, may again be
149-18 made when the bill itself is under consideration; however, a motion
149-19 to recommit a bill shall not be in order at the routine motion
149-20 period if the bill is then before the house as either pending
149-21 business or unfinished business.
149-22 A motion to recommit a bill or resolution can be made and
149-23 voted on even though the author, sponsor, or principal proponent is
149-24 not present.
149-25 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
149-26 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
149-27 recommit is debatable within narrow limits, but the merits of the
150-1 proposition may not be brought into the debate. A motion to refer,
150-2 rerefer, commit, or recommit with instructions is fully
150-3 debatable.
150-4 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
150-5 Except as provided in Rule 4, Section 30 <31>, when a bill has been
150-6 recommitted once at any reading and has been reported adversely by
150-7 the committee to which it was referred, it shall be in order to
150-8 again recommit the bill only if a minority report has been filed in
150-9 the time required by the rules of the house. A two-thirds vote of
150-10 those present shall be required to recommit a second time.
150-11 CHAPTER B. MOTION FOR THE PREVIOUS
150-12 QUESTION
150-13 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
150-14 motion for the previous question, which shall be admitted only when
150-15 seconded by 25 members. It shall be put by the chair in this
150-16 manner: "The motion has been seconded. Three minutes pro and con
150-17 debate will be allowed on the motion for ordering the previous
150-18 question." As soon as the debate has ended, the chair shall
150-19 continue: "As many as are in favor of ordering the previous
150-20 question on (here state on which question or questions) will say
150-21 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
150-22 other propositions, a motion for the previous question may be taken
150-23 by a record vote if demanded by three members. If ordered by a
150-24 majority of the members voting, a quorum being present, it shall
150-25 have the effect of cutting off all debate, except as provided in
150-26 Section 23 of this rule, and bringing the house to a direct vote on
150-27 the immediate question or questions on which it has been asked and
151-1 ordered.
151-2 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
151-3 motion for the previous question, there shall be no debate except
151-4 as provided in Sections 2 and 21 of this rule. All incidental
151-5 questions of order made pending decision on such motion shall be
151-6 decided, whether on appeal or otherwise, without debate.
151-7 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
151-8 ORDERED. After the previous question has been ordered, there shall
151-9 be no debate upon the questions on which it has been ordered, or
151-10 upon the incidental questions, except that the mover of the
151-11 proposition or any of the pending amendments or any other motions,
151-12 or the member making the report from the committee, or, in the case
151-13 of the absence of either of them, any other member designated by
151-14 such absentee, shall have the right to close the debate on the
151-15 particular proposition or amendment. Then a vote shall be taken
151-16 immediately on the amendments or other motions, if any, and then on
151-17 the main question.
151-18 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
151-19 ORDERED. All members having the right to speak after the previous
151-20 question has been ordered shall speak before the question is put on
151-21 the first proposition covered by the previous question. All votes
151-22 shall then be taken in the correct order, and no vote or votes
151-23 shall be deferred to allow any member to close on any one of the
151-24 propositions separately after the voting has commenced.
151-25 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
151-26 amendment has been substituted and the previous question is then
151-27 moved on the adoption of the amendment as substituted, the author
152-1 of the amendment as substituted shall have the right to close the
152-2 debate on that amendment in lieu of the author of the original
152-3 amendment.
152-4 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
152-5 the previous question is ordered on a motion to postpone
152-6 indefinitely or to amend by striking out the enacting clause of a
152-7 bill, the member moving to postpone or amend shall have the right
152-8 to close the debate on that motion or amendment, after which the
152-9 mover of the proposition or bill proposed to be so postponed or
152-10 amended, or the member reporting it from the committee, or, in the
152-11 absence of either of them, any other member designated by the
152-12 absentee, shall be allowed to close the debate on the original
152-13 proposition.
152-14 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
152-15 question may be asked and ordered on any debatable single motion or
152-16 series of motions, or any amendment or amendments pending, or it
152-17 may be made to embrace all authorized debatable motions or
152-18 amendments pending and include the bill, resolution, or proposition
152-19 that is on second or third reading. The previous question cannot
152-20 be ordered, however, on the main proposition without including
152-21 other pending motions of lower rank as given in Section 3 of this
152-22 rule.
152-23 Sec. 28. LIMIT OF APPLICATION. The previous question shall
152-24 not extend beyond the final vote on a motion or sequence of motions
152-25 to which the previous question has been ordered.
152-26 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
152-27 Amendments on the speaker's desk for consideration which have not
153-1 actually been laid before the house and read cannot be included
153-2 under a motion for the previous question.
153-3 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
153-4 TABLE. If a motion to table is made directly to a main motion, the
153-5 motion for the previous question is not in order. In a case where
153-6 an amendment to a main motion is pending, and a motion to table the
153-7 amendment is made, it is in order to move the previous question on
153-8 the main motion, the pending amendment, and the motion to table the
153-9 amendment.
153-10 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
153-11 There is no acceptable substitute for a motion for the previous
153-12 question, nor can other motions be applied to it.
153-13 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
153-14 TABLING. The motion for the previous question is not subject to a
153-15 motion to table.
153-16 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
153-17 QUESTION ACCEPTED. The motion to adjourn is not in order after a
153-18 motion for the previous question is accepted by the chair, or after
153-19 the seconding of such motion and before a vote is taken.
153-20 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
153-21 After the previous question has been ordered, no motion shall be in
153-22 order until the question or questions on which it was ordered have
153-23 been voted on, without debate, except:
153-24 (1) a motion for a call of the house, and motions
153-25 incidental thereto;
153-26 (2) a motion to extend the time of a member closing on
153-27 a proposition;
154-1 (3) a motion to permit a member who has the right to
154-2 speak to yield the time or a part thereof to another member;
154-3 (4) a request for and a verification of a vote;
154-4 (5) a motion to reconsider the vote by which the
154-5 previous question was ordered. A motion to reconsider may be made
154-6 only once and that must be before any vote under the previous
154-7 question has been taken;
154-8 (6) a motion to table a motion to reconsider the vote
154-9 by which the previous question has been ordered;
154-10 (7) a double motion to reconsider and table the vote
154-11 by which the previous question was ordered.
154-12 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
154-13 ORDERED. No motion for an adjournment or a recess shall be in
154-14 order after the previous question is ordered until the final vote
154-15 under the previous question has been taken, unless the roll call
154-16 shows the absence of a quorum.
154-17 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
154-18 adjourns without a quorum under the previous question, the previous
154-19 question shall remain in force and effect when the bill,
154-20 resolution, or other proposition is again laid before the house.
154-21 CHAPTER C. RECONSIDERATION
154-22 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
154-23 question has been decided by the house, any member voting with the
154-24 prevailing side may, on the same legislative day, or on the next
154-25 legislative day, move a reconsideration; however, if a
154-26 reconsideration is moved on the next legislative day, it must be
154-27 done before the order of the day, as designated in the ninth item
155-1 of Rule 6, Section 1(a), is taken up. If the house refuses to
155-2 reconsider, or on reconsideration, affirms its decision, no further
155-3 action to reconsider shall be in order.
155-4 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
155-5 yeas and nays have not been called for and recorded, any member,
155-6 regardless of whether he or she voted on the prevailing side or
155-7 not, may make the motion to reconsider; however, even when the yeas
155-8 and nays have not been recorded, the following shall not be
155-9 eligible to make a motion to reconsider:
155-10 (1) a member who was absent;
155-11 (2) a member who was paired and, therefore, did not
155-12 vote; and
155-13 (3) a member who was recorded in the journal as having
155-14 voted on the losing side.
155-15 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
155-16 reconsider shall be debatable only when the question to be
155-17 reconsidered is debatable. Even though the previous question was
155-18 in force before the vote on a debatable question was taken, debate
155-19 is permissible on the reconsideration of such debatable question.
155-20 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
155-21 shall be decided by a majority vote, even though the vote on the
155-22 original question requires a two-thirds vote for affirmative
155-23 action. If the motion to reconsider prevails, the question then
155-24 immediately recurs on the question reconsidered.
155-25 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
155-26 reconsider cannot be withdrawn unless permission is given by a
155-27 majority vote of the house, and the motion may be called up by any
156-1 member.
156-2 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
156-3 reconsider shall be subject to a motion to table, which, if
156-4 carried, shall be a final disposition of the motion to
156-5 reconsider.
156-6 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
156-7 motion to reconsider and table shall be in order. It shall be
156-8 undebatable. When carried, the motion to reconsider shall be
156-9 tabled. When it fails, the question shall then be on the motion to
156-10 reconsider, and the motion to reconsider shall, without further
156-11 action, be spread on the journal, but it may be called up by any
156-12 member, in accordance with the provisions of Section 44 of this
156-13 rule.
156-14 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
156-15 If a motion to reconsider is not disposed of when made, it shall be
156-16 entered in the journal, and cannot, after that legislative day, be
156-17 called up and disposed of unless one legislative day's notice has
156-18 been given.
156-19 (b) Unless called up and disposed of prior to 72 hours
156-20 before final adjournment of the session, all motions to reconsider
156-21 shall be regarded as determined and lost.
156-22 (c) All motions to reconsider made during the last 72 hours
156-23 of the session shall be disposed of when made; otherwise, the
156-24 motion shall be considered as lost.
156-25 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
156-26 member voting on the prevailing side may make a motion to
156-27 reconsider and spread on the journal, which does not require a
157-1 vote, and on the motion being made, it shall be entered on the
157-2 journal. Any member, regardless of whether he or she voted on the
157-3 prevailing side or not, who desires immediate action on a motion to
157-4 reconsider which has been spread on the journal, can call it up as
157-5 soon as it is made, and demand a vote on it, or can call it up and
157-6 move to table it.
157-7 (b) If the motion to table the motion to reconsider is
157-8 defeated, the motion to reconsider remains spread on the journal
157-9 for future action; however, any member, regardless of whether he or
157-10 she voted on the prevailing side or not, can call the motion from
157-11 the journal for action by the house, and, once disposed of, no
157-12 other motion to reconsider can be made.
157-13 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
157-14 the first 76 calendar days of a regular session, when any bill,
157-15 resolution, or other paper has been in committee for 6 calendar
157-16 days, exclusive of the calendar day on which it was referred, it
157-17 shall be in order for a member to move that the committee be
157-18 required to report the same within 7 calendar days. This motion
157-19 shall require a two-thirds vote for passage.
157-20 (b) After the first 76 calendar days of a regular session,
157-21 when any bill, resolution, or other paper has been in committee for
157-22 6 calendar days, exclusive of the calendar day on which it was
157-23 referred, it shall be in order for a member to move that the
157-24 committee be required to report the same within 7 calendar days.
157-25 This motion shall require a majority vote for passage.
157-26 (c) A motion to instruct a committee to report is not a
157-27 privileged motion and must be made during the routine motion period
158-1 unless made under a suspension of the rules.
158-2 (d) The house shall have no authority to instruct a
158-3 subcommittee directly; however, instructions recognized under the
158-4 rules may be given to a committee and shall be binding on all
158-5 subcommittees.
158-6 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE.
158-7 (a) During the first 76 calendar days of a regular session, when
158-8 any bill, resolution, or other paper has been in committee for 7
158-9 calendar days after the committee was instructed by the house to
158-10 report that measure by a motion made under Section 46 of this rule,
158-11 it shall be in order for a member to move to rerefer the bill,
158-12 resolution, or other paper to a different committee. This motion
158-13 shall require a two-thirds vote for passage.
158-14 (b) After the first 76 calendar days of a regular session,
158-15 when any bill, resolution, or other paper has been in committee for
158-16 7 calendar days after the committee has been instructed to report
158-17 that measure by a motion made under Section 46 of this rule, it
158-18 shall be in order for a member to move to rerefer the bill,
158-19 resolution, or other paper to a different committee. This motion
158-20 shall require a majority vote for passage.
158-21 (c) A motion to rerefer a bill, resolution, or other paper
158-22 from one committee to another committee is not a privileged motion
158-23 and must be made during the routine motion period unless made under
158-24 a suspension of the rules.
158-25 RULE 8. BILLS
158-26 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
158-27 must be incorporated in bills, which shall consist of:
159-1 (1) a title or caption, beginning with the words "A
159-2 Bill to be Entitled An Act" and a brief statement that gives the
159-3 legislature and the public reasonable notice of the subject of the
159-4 proposed measure;
159-5 (2) an enacting clause, "Be It Enacted by the
159-6 Legislature of the State of Texas"; and
159-7 (3) the bill proper.
159-8 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
159-9 revived or amended by reference to its title. The act revived, or
159-10 the section or sections amended, shall be reenacted and published
159-11 at length. This rule does not apply to revisions adopted under
159-12 Article III, Section 43, of the Texas Constitution.
159-13 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
159-14 (except a general appropriations bill, which may embrace the
159-15 various subjects and accounts for which money is appropriated or a
159-16 revision adopted under Article III, Section 43, of the Texas
159-17 Constitution) shall contain only one subject.
159-18 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
159-19 A general law may not be changed by the provisions in an
159-20 appropriations bill.
159-21 Sec. 5. COAUTHORSHIP, SPONSORSHIP, AND COSPONSORSHIP. (a)
159-22 Any member may become the coauthor of a bill or resolution by
159-23 securing permission from the author. No action shall be required
159-24 by the house, but it shall be the duty of the member seeking to be
159-25 a coauthor to obtain written authorization from the author. This
159-26 authorization shall be filed with the chief clerk at the same time
159-27 that the coauthor signs the bill or resolution. The chief clerk
160-1 shall report daily to the journal clerk the names of members filed
160-2 as coauthors of bills or resolutions. If a coauthor of a bill or
160-3 resolution desires to withdraw from such status, the member shall
160-4 notify the chief clerk, who in turn shall notify the journal clerk.
160-5 (b) The determination of the house sponsor of a senate
160-6 measure is made at the time the measure is reported from committee.
160-7 In the case of multiple requests for house sponsorship, the house
160-8 sponsor of a senate measure shall be determined by the chair of the
160-9 committee, in consultation with the senate author of the measure.
160-10 The chair of the committee may designate a primary sponsor and one
160-11 or more cosponsors.
160-12 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
160-13 Each bill shall be filed with the chief clerk when introduced and
160-14 shall be numbered in its regular order. Each bill shall be read
160-15 first time by caption and referred by the speaker to the
160-16 appropriate <standing> committee with <having> jurisdiction <as
160-17 determined by the provisions of Rule 3>.
160-18 Sec. 7. PREFILING. Beginning the first Monday after the
160-19 general election preceding the next regular legislative session, or
160-20 within 30 days prior to any special session, it shall be in order
160-21 to file with the chief clerk bills and resolutions for introduction
160-22 in that session. On receipt of the bills or resolutions, the chief
160-23 clerk shall number them and make them a matter of public record,
160-24 available for distribution. Once a bill or resolution has been so
160-25 filed, it may not be recalled. This shall apply only to
160-26 members-elect of the succeeding legislative session.
160-27 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
161-1 resolutions introduced during the first 60 calendar days of the
161-2 regular session may be considered by the committees and in the
161-3 house and disposed of at any time during the session, in accordance
161-4 with the rules of the house. After the first 60 calendar days of a
161-5 regular session, any bill or joint resolution, except local bills,
161-6 emergency appropriations, and all emergency matters submitted by
161-7 the governor in special messages to the legislature, shall require
161-8 an affirmative vote of four-fifths of those members present and
161-9 voting to be introduced.
161-10 Sec. 9. NUMBER OF COPIES FILED. (a) Twelve copies of every
161-11 bill, except bills relating to conservation and reclamation
161-12 districts and governed by the provisions of Article XVI, Section
161-13 59, of the Texas Constitution, must be filed with the chief clerk
161-14 at the time that the bill is introduced.
161-15 (b) Fifteen copies of every bill relating to conservation
161-16 and reclamation districts and governed by the provisions of Article
161-17 XVI, Section 59, of the Texas Constitution, with copies of the
161-18 notice to introduce the bill attached, must be filed with the chief
161-19 clerk at the time that the bill is introduced if the bill is
161-20 intended to:
161-21 (1) create a particular conservation and reclamation
161-22 district; or
161-23 (2) amend the act of a particular conservation and
161-24 reclamation district to:
161-25 (A) add additional land to the district;
161-26 (B) alter the taxing authority of the district;
161-27 (C) alter the authority of the district with
162-1 respect to issuing bonds; or
162-2 (D) alter the qualifications or terms of office
162-3 of the members of the governing body of the district.
162-4 (c) No bill may be laid before the house on first reading
162-5 until it is in compliance with the provisions of this section.
162-6 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
162-7 committee of the house may consider a local bill unless notice of
162-8 intention to apply for the passage of the bill was published as
162-9 provided by law and evidence of the publication was attached to the
162-10 bill on filing with the chief clerk.
162-11 (b) Neither the house nor a committee of the house may
162-12 consider a bill whose application is limited to one or more
162-13 political subdivisions by means of population brackets or other
162-14 artificial devices in lieu of identifying the political subdivision
162-15 or subdivisions by name. However, this subsection does not prevent
162-16 consideration of a bill that classifies political subdivisions
162-17 according to a minimum or maximum population or other criterion
162-18 that bears a reasonable relation to the purpose of the proposed
162-19 legislation or a bill that updates laws based on population
162-20 classifications to conform to a federal decennial census.
162-21 (c) Except as provided by Subsection (d) of this section,
162-22 "local bill" for purposes of this section means:
162-23 (1) a bill for which publication of notice is required
162-24 under Article XVI, Section 59, of the Texas Constitution (water
162-25 districts, etc.);
162-26 (2) a bill for which publication of notice is required
162-27 under Article IX, Section 9, of the Texas Constitution (hospital
163-1 districts);
163-2 (3) a bill relating to hunting, fishing, or
163-3 conservation of wildlife resources of a specified locality;
163-4 (4) a bill creating or affecting a county court or
163-5 statutory court or courts of one or more specified counties or
163-6 municipalities;
163-7 (5) a bill creating or affecting the juvenile board or
163-8 boards of a specified county or counties; or
163-9 (6) a bill creating or affecting a road utility
163-10 district under the authority of Article III, Section 52, of the
163-11 Texas Constitution.
163-12 (d) A bill is not considered to be a local bill under
163-13 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
163-14 localities, counties, or municipalities so as to be of general
163-15 application or of statewide importance.
163-16 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
163-17 considered unless it first has been referred to a committee and
163-18 reported from it.
163-19 (b) After a bill has been recommitted, it shall be
163-20 considered by the committee as a new subject.
163-21 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
163-22 before the house shall be taken up and acted on in the order in
163-23 which they appear on their respective calendars, and each calendar
163-24 shall have the priority accorded to it by the provisions of Rule 6,
163-25 Sections 7 and 8.
163-26 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
163-27 that is local as defined by Section 10(c) of this rule shall be
164-1 considered for any purpose after the 130th day of a regular
164-2 session, except to:
164-3 (1) act on senate amendments;
164-4 (2) adopt a conference committee report;
164-5 (3) reconsider the bill to make corrections; or
164-6 (4) pass the bill notwithstanding the objections of
164-7 the governor.
164-8 (b) No other house bill or joint resolution shall be
164-9 considered for any purpose after the 123rd day of a regular
164-10 session, except to:
164-11 (1) act on senate amendments;
164-12 (2) adopt a conference committee report;
164-13 (3) reconsider the bill or resolution to make
164-14 corrections; or
164-15 (4) pass the bill notwithstanding the objections of
164-16 the governor.
164-17 (c) No senate bill or joint resolution shall be considered
164-18 for any purpose after the 135th day of a regular session, except
164-19 to:
164-20 (1) adopt a conference committee report;
164-21 (2) reconsider the bill or resolution to remove house
164-22 amendments;
164-23 (3) reconsider the bill or resolution to make
164-24 corrections; or
164-25 (4) pass the bill notwithstanding the objections of
164-26 the governor.
164-27 (d) The speaker shall not lay any bill or joint resolution
165-1 before the house or permit a vote to be taken on its passage on the
165-2 136th and 137th days of a regular session, except to:
165-3 (1) act on senate amendments;
165-4 (2) adopt a conference committee report;
165-5 (3) reconsider the bill or resolution to remove house
165-6 amendments;
165-7 (4) reconsider the bill or resolution to make
165-8 corrections; or
165-9 (5) pass the bill notwithstanding the objections of
165-10 the governor.
165-11 (e) The speaker shall not lay any bill or joint resolution
165-12 before the house or permit a vote to be taken on its passage on the
165-13 138th and 139th days of a regular session, except to:
165-14 (1) adopt a conference committee report;
165-15 (2) reconsider the bill or resolution to remove house
165-16 amendments;
165-17 (3) reconsider the bill or resolution to make
165-18 corrections; or
165-19 (4) pass the bill notwithstanding the objections of
165-20 the governor.
165-21 (f) No vote shall be taken upon the passage of any bill or
165-22 resolution within 24 hours of the final adjournment of a regular
165-23 session unless it be to reconsider the bill or resolution to make
165-24 corrections, or to adopt a corrective resolution <or senate bill on
165-25 its second reading, except an appropriations bill, shall be
165-26 considered for any purpose during the last 72 hours preceding the
165-27 final adjournment of the legislature. The speaker shall not
166-1 recognize anyone to take up a bill out of its regular order within
166-2 48 hours of final adjournment; nor shall the speaker lay any bill
166-3 before the house or take a vote on its passage within 24 hours of
166-4 the final adjournment of the legislature, except to adopt a
166-5 conference committee report or to concur in senate amendments>.
166-6 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
166-7 (a) A printed copy of each bill or resolution, except <a bill on
166-8 an emergency calendar and> the general appropriations bill, shall
166-9 be placed in the newspaper mailbox of each member at least 36 hours
166-10 if convened in regular session and 24 hours if convened in special
166-11 session before the bill can be considered by the house on second
166-12 reading. <A copy of a bill on an emergency calendar shall be
166-13 placed in the newspaper mailbox of each member at least 48 hours
166-14 before the bill can be considered by the house.> A printed copy of
166-15 the general appropriations bill shall be placed in the newspaper
166-16 mailbox of each member at least 168 hours during a regular session
166-17 and at least 72 hours during a special session before the bill can
166-18 be considered by the house on second reading.
166-19 (b) By majority vote, the house may order both the original
166-20 bill or resolution and the complete committee substitute to be
166-21 printed. It shall not be necessary for the house to order complete
166-22 committee substitutes printed in lieu of original bills.
166-23 (c) A two-thirds vote of the house is necessary to order
166-24 that bills, other than local bills, be not printed. It shall not
166-25 be necessary for the house to order that local bills be not
166-26 printed.
166-27 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
167-1 have the force of law until it has been read on three several
167-2 legislative days in each house and free discussion allowed, unless,
167-3 in case of imperative public necessity (which necessity shall be
167-4 stated in the preamble or in the body of the bill), this provision
167-5 is suspended by a vote of four-fifths of the members present and
167-6 voting, a quorum being present. The yeas and nays shall be taken
167-7 on the question of suspension and entered in the journal. <As
167-8 used in this section, "an imperative public necessity" means only a
167-9 condition or state of affairs that, if not immediately remedied,
167-10 shall cause great loss of life or property. The speaker shall not
167-11 entertain a motion to suspend the constitutional rule unless it
167-12 definitely appears that such a condition or state of affairs
167-13 actually exists.>
167-14 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
167-15 consideration of any bill or resolution, the house may, by a
167-16 majority vote, order the bill or resolution to be considered
167-17 section by section, or department by department, until each section
167-18 or department has been given separate consideration. If such a
167-19 procedure is ordered, only amendments to the section or department
167-20 under consideration at that time shall be in order. However, after
167-21 each section or department has been considered separately, the
167-22 entire bill or resolution shall be open for amendment, subject to
167-23 the provisions of Rule 11 <12>, Section 8(b). Once the
167-24 consideration of a bill section by section or department by
167-25 department has been ordered, it shall not be in order to move the
167-26 previous question on the entire bill, to recommit it, to lay it on
167-27 the table, or to postpone it, until each section or department has
168-1 been given separate consideration or until the vote by which
168-2 section by section consideration was ordered is reconsidered.
168-3 (b) A motion to consider a bill section by section is
168-4 debatable within narrow limits; that is, the pros and cons of the
168-5 proposed consideration can be debated but not the merits of the
168-6 bill.
168-7 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
168-8 bill or complete committee substitute for a bill has been taken up
168-9 and read, amendments shall be in order. If no amendment is made,
168-10 or if those proposed are disposed of, then the final question on
168-11 its second reading shall be, in the case of a house bill, whether
168-12 it shall be passed to engrossment, or, in the case of a senate
168-13 bill, whether it shall pass to its third reading. All bills
168-14 ordered passed to engrossment or passed to a third reading shall
168-15 remain on the calendar on <to> which placed <assigned>, but with
168-16 future priority over bills on the same calendar that have not
168-17 passed second reading.
168-18 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
168-19 shall certify the final passage of each bill, noting on the bill
168-20 the date of its passage, and the vote by which it passed, if by a
168-21 yea and nay vote.
168-22 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
168-23 resolution to recall a bill from the senate shall be in order if a
168-24 motion to reconsider the vote by which the bill finally passed has
168-25 been made and adopted within the time prescribed by the rules.
168-26 Sec. 20. EFFECTIVE DATE. Every law passed by the
168-27 legislature, except the General Appropriations Act, shall take
169-1 effect or go into force 90 days after the adjournment of the
169-2 session at which it was enacted. In case of an emergency, which
169-3 must be expressed in a preamble or in the body of the act, the
169-4 legislature may, by a vote of two-thirds of all the members elected
169-5 to each house, provide otherwise. The vote shall be taken by yeas
169-6 and nays and entered in the journals.
169-7 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
169-8 After a bill or resolution has been considered and defeated by
169-9 either house of the legislature, no bill or resolution containing
169-10 the same substance shall be passed into law during the same
169-11 session.
169-12 <RULE 9. APPROPRIATIONS BILLS>
169-13 <Sec. 1. PURPOSE OF RULE. (a) The purpose of this rule is
169-14 to strengthen and make more deliberative the process of budgeting
169-15 state government by bringing into the process the consideration and
169-16 the recommendations of standing committees having jurisdiction over
169-17 the various agencies and institutions, and toward this end this
169-18 rule shall be liberally construed.>
169-19 <(b) This rule governs consideration of general
169-20 appropriations bills and other appropriations bills referred to the
169-21 Committee on Appropriations as provided by these rules. This rule
169-22 is cumulative of other rules governing consideration of bills, but
169-23 to the extent of any conflict between this rule and other rules,
169-24 the provisions of this rule prevail.>
169-25 <(c) The provisions of this rule do not apply during a
169-26 special session of the legislature.>
169-27 <Sec. 2. SUBSTANTIVE COMMITTEES DEFINED. In this rule,
170-1 "substantive committee" means a standing committee, other than the
170-2 Committee on Appropriations and the Committee on Government
170-3 Organization to which a portion or portions of an appropriations
170-4 bill is or may be referred under the provisions of this rule.>
170-5 <Sec. 3. ASSIGNMENT TO SUBSTANTIVE COMMITTEES. As soon as
170-6 possible after an appropriations bill has been referred to the
170-7 Committee on Appropriations, the chair of the Committee on
170-8 Appropriations shall assign to each substantive committee having
170-9 jurisdiction over agencies or institutions affected by the bill the
170-10 portion or portions of the bill affecting those agencies or
170-11 institutions. Jurisdiction is determined under Rule 3, provided
170-12 that should a conflict in jurisdiction occur, the speaker shall
170-13 determine the committee having jurisdiction over the agency or
170-14 institution. The assignment shall be in a form determined by the
170-15 chair of the Committee on Appropriations and shall be recorded in
170-16 the journal. The assignment does not have the effect of removing
170-17 the bill or any portion of the bill from the custody of the
170-18 Committee on Appropriations.>
170-19 <Sec. 4. ASSERTION OF JURISDICTION. (a) Within a
170-20 reasonable time, specified in writing by the chair of the Committee
170-21 on Appropriations, the budget and oversight subcommittee of each
170-22 substantive committee, other than those substantive committees
170-23 listed in Section 7(c) of this rule, shall notify the chair of the
170-24 Committee on Appropriations, in writing, of the assigned agencies
170-25 or programs within an agency that the budget and oversight
170-26 subcommittee asserts jurisdiction over for the purpose of
170-27 developing budget recommendations.>
171-1 <(b) For those substantive committees listed in Section 7(c)
171-2 of this rule, the chair of the committee shall notify the chair of
171-3 the Committee on Appropriations, in writing, of the assigned
171-4 agencies or programs within an agency that the committee asserts
171-5 jurisdiction over for the purpose of developing budget
171-6 recommendations.>
171-7 <(c) Those agencies or parts of agencies over which the
171-8 substantive committee does not assert jurisdiction are under the
171-9 jurisdiction of the Committee on Appropriations.>
171-10 <Sec. 5. NONASSIGNABLE ITEMS. (a) The chair of the
171-11 Committee on Appropriations shall not assign to any substantive
171-12 committee:>
171-13 <(1) any part of Article V of the general
171-14 appropriations bill;>
171-15 <(2) any part of the Special Provisions of Article I,
171-16 II, or III of the general appropriations bill;>
171-17 <(3) line-item salaries;>
171-18 <(4) salaries of classified or unclassified personnel
171-19 or professional fees and services; or>
171-20 <(5) any other matter affecting state agencies or
171-21 institutions in general.>
171-22 <(b) The Committee on Appropriations shall develop
171-23 guidelines on these matters, which shall be used by the substantive
171-24 committee in formulating its recommendations. No assignment made
171-25 under this section shall be construed to have an effect contrary to
171-26 this subsection.>
171-27 <Sec. 6. CONSIDERATION AND RECOMMENDATIONS. The substantive
172-1 committee shall consider the portions of the appropriations bill
172-2 assigned to it. The consideration is subject to the applicable
172-3 rules of the house and to any applicable rules of the substantive
172-4 committee. The recommendations of the substantive committee shall
172-5 be transmitted to the chair of the Committee on Appropriations
172-6 before a deadline set by that chair. The chair of the Committee on
172-7 Appropriations may prescribe the form of the recommendations. The
172-8 recommendations of a substantive committee shall be adopted by a
172-9 majority of the membership of the committee.>
172-10 <Sec. 7. SUBCOMMITTEES FOR BUDGET AND OVERSIGHT. (a)
172-11 Except for those substantive committees listed in Subsection (c) of
172-12 this section, the speaker shall designate as chair and vice-chair
172-13 for budget and oversight members of each substantive committee to
172-14 which assignments may be made under this rule, and those members
172-15 shall serve as chair and vice-chair of the subcommittees for budget
172-16 and oversight. The speaker shall appoint from the membership of
172-17 the substantive committee the subcommittee for budget and oversight
172-18 and shall fill all vacancies. Each subcommittee shall consist of
172-19 five members. The chair for budget and oversight is primarily
172-20 responsible for developing the recommendations of the substantive
172-21 committee for presentation to the Committee on Appropriations and
172-22 shall perform other duties as prescribed by this rule or as
172-23 determined by the substantive committee.>
172-24 <(b) In addition to any duties and responsibilities
172-25 delegated in this rule, each subcommittee for budget and oversight
172-26 shall perform oversight functions for those areas within its
172-27 jurisdiction.>
173-1 <(c) For the following substantive committees, the chair of
173-2 the substantive committee will also serve as the chair for budget
173-3 and oversight, and the budget and oversight functions will be
173-4 performed by the full committee rather than a budget and oversight
173-5 subcommittee: County Affairs; Criminal Jurisprudence; Judiciary;
173-6 Retirement and Aging; Science and Technology; State, Federal, and
173-7 International Relations; and Urban Affairs.>
173-8 <Sec. 8. SCHEDULE OF HEARINGS. (a) After consultation with
173-9 the chair for budget and oversight, the chair of the Committee on
173-10 Appropriations shall develop and post a calendar specifying the
173-11 dates and times for subcommittees for budget and oversight or
173-12 substantive committees to hold public hearings or, at the
173-13 discretion of the chair of the Committee on Appropriations, joint
173-14 public hearings with the Committee on Appropriations, on the
173-15 proposed appropriations for each agency, or parts of an agency,
173-16 over which the substantive committee asserted its jurisdiction.>
173-17 <(b) Following a joint public hearing, or if no joint
173-18 hearing is scheduled, following a public hearing of a subcommittee
173-19 for budget and oversight, the subcommittee shall prepare its
173-20 recommendations for the agency heard and report them to the
173-21 substantive committee. The substantive committee shall file
173-22 written recommendations with the Committee on Appropriations within
173-23 seven calendar days after the conclusion of a budget and oversight
173-24 hearing unless the time for filing has been extended by the chair
173-25 of the Committee on Appropriations. If a substantive committee
173-26 report has not been filed at the time set by the chair of the
173-27 Committee on Appropriations, the report will not be received or
174-1 considered.>
174-2 <Sec. 9. ADDITIONAL HEARINGS. A subcommittee, substantive
174-3 committee, or the Committee on Appropriations may conduct public
174-4 hearings in addition to the joint hearing provided for by Section 8
174-5 of this rule.>
174-6 <Sec. 10. POSTING NOTICE OF MEETINGS. Posting of the
174-7 schedule of joint hearings developed by the chair of the Committee
174-8 on Appropriations and the chair for budget and oversight at least
174-9 five days in advance of the initial joint hearing shall serve as
174-10 notice for all public and formal meetings of subcommittees and
174-11 substantive committees on budget and oversight assigned to
174-12 substantive committees, other than additional hearings conducted
174-13 under Section 9 of this rule. This provision shall take precedence
174-14 over any rules to the contrary.>
174-15 <Sec. 11. CONSIDERATION OF SUBSTANTIVE COMMITTEE
174-16 RECOMMENDATIONS. (a) The Committee on Appropriations shall
174-17 consider the recommendations of each substantive committee if
174-18 received before the deadline unless the records of the substantive
174-19 committee show that the recommendations were not adopted by a
174-20 majority of the membership of the committee.>
174-21 <(b) The Committee on Appropriations need not consider any
174-22 recommendation on items included in the scope of Section 5 of this
174-23 rule.>
174-24 <Sec. 12. ACTION ALLOWED ON RECOMMENDATIONS. With regard to
174-25 recommendations that the Committee on Appropriations is required to
174-26 consider, the committee may, by a majority vote of the members
174-27 present and voting, a quorum being present, reduce any item and
175-1 reduce or eliminate any program recommended. The committee may not
175-2 increase any item over the amount recommended or fund any program
175-3 that the substantive committee recommends be terminated, except on
175-4 the vote of two-thirds of the members present and voting, a quorum
175-5 being present.>
175-6 <Sec. 13. CONSIDERATION ON HOUSE FLOOR. On second reading
175-7 of an appropriations bill, any violation of the provisions of this
175-8 rule is subject to a point of order if a point of order was timely
175-9 raised before the Committee on Appropriations and overruled. If a
175-10 point of order is sustained by the speaker, the ruling does not
175-11 affect the continued consideration of the bill, but the speaker
175-12 shall direct that the appropriate change be made in the report of
175-13 the Committee on Appropriations. Nothing in this section affects
175-14 the right of a member to propose amendments to the bill.>
175-15 Sec. 22 <14>. CONSIDERATION OF BILLS INVOLVING STATE FUNDS.
175-16 (a) In order to assure the continuation of financial support of
175-17 existing state services through the passage of the general
175-18 appropriations bill, it shall not be in order during the first 120
175-19 days of the regular session for the speaker to lay before the
175-20 house, prior to the consideration, passage, and certification by
175-21 the comptroller of the general appropriations bill, any bill that
175-22 directly or indirectly prevents from being available for purposes
175-23 of funding state government generally any money that under existing
175-24 law would otherwise be available for that purpose, including a bill
175-25 that transfers or diverts money in the state treasury from the
175-26 general revenue fund to another fund.
175-27 (b) In order to assure compliance with the limitation on
176-1 appropriations of state tax revenue not dedicated by the
176-2 constitution as provided by Article VIII, Section 22, of the Texas
176-3 Constitution, it is not in order for the speaker to lay before the
176-4 house, prior to the time that the general appropriations bill has
176-5 been finally passed and sent to the comptroller, any bill that
176-6 appropriates funds from the state treasury that are not dedicated
176-7 by the constitution.
176-8 (c) When bills subject to the provisions of Subsection (a)
176-9 of this section become eligible for consideration, they shall be
176-10 considered for passage under the rules of the house and the joint
176-11 rules as any other bill but shall not be signed by the speaker as
176-12 required by the Constitution of Texas and the rules of the house
176-13 until the general appropriations bill has been signed by the
176-14 presiding officers of both houses of the legislature and
176-15 transmitted to the comptroller of public accounts for certification
176-16 as required by Article III, Section 49a, of the Constitution of
176-17 Texas.
176-18 (d) All bills subject to the provisions of Subsection (a) of
176-19 this section that have finally passed both houses shall be enrolled
176-20 as required by the rules and transmitted to the speaker. The
176-21 speaker shall note on each bill the date and hour of final
176-22 legislative action and shall withhold his or her signature and any
176-23 further action on all such bills until the general appropriations
176-24 bill has been signed by the presiding officers of both houses and
176-25 transmitted to the comptroller of public accounts for
176-26 certification. Immediately thereafter, the speaker shall sign in
176-27 the presence of the house all bills on which further action was
177-1 being withheld because the bills were subject to the provisions of
177-2 this section. After being signed by the speaker, the bills shall
177-3 then be transmitted to the comptroller of public accounts for
177-4 certification or to the governor, as the case may be, in the order
177-5 in which final legislative action was taken. "Final legislative
177-6 action," as that term is used in this subsection, shall mean the
177-7 last act of either house meeting in general session necessary to
177-8 place the bill in its final form preparatory to enrollment.
177-9 (e) Subsections (a)-(d) of this section shall not apply to
177-10 any bills providing for:
177-11 (1) the payment of expenses of the legislature;
177-12 (2) the payment of judgments against the state;
177-13 (3) any emergency matter when requested by the
177-14 governor in a formal message to the legislature; or
177-15 (4) the reduction of taxes.
177-16 (f) Unless within the authority of a resolution or
177-17 resolutions adopted pursuant to Article VIII, Section 22(b), of the
177-18 Texas Constitution, it is not in order for the house to consider
177-19 for final passage on third reading, on motion to concur in senate
177-20 amendments, or on motion to adopt a conference committee report, a
177-21 bill appropriating funds from the state treasury in an amount that,
177-22 when added to amounts previously appropriated by bills finally
177-23 passed and sent or due to be sent to the comptroller, would exceed
177-24 the limit on appropriations established under Chapter 316,
177-25 Government Code.
177-26 (g) The general appropriations bill shall be reported to the
177-27 house by the Committee on Appropriations not later than the 90th
178-1 calendar day of the regular session. Should the Committee on
178-2 Appropriations fail to report by the deadline, Subsections (a)-(d)
178-3 of this section shall be suspended for the balance of that regular
178-4 session.
178-5 RULE 9 <10>. JOINT RESOLUTIONS
178-6 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
178-7 proposed amendment to the Texas Constitution shall take the form of
178-8 a joint resolution, which shall be subject to the rules that govern
178-9 the proceedings on bills, except as provided by this section.
178-10 (b) A joint resolution is not subject to the provisions of
178-11 Rule 8, Section 3, or Rule 11, Section 3.
178-12 (c) A joint resolution <that it> shall be adopted on any
178-13 reading after the first if it receives a two-thirds vote of the
178-14 elected membership of the house. If such a joint resolution
178-15 receives only a majority vote on second reading, it shall be passed
178-16 to engrossment, and subsequent proceedings shall be the same as
178-17 those governing the final passage of bills which have been passed
178-18 to engrossment. If such a joint resolution does not receive a
178-19 two-thirds vote of the elected membership of the house on third
178-20 reading and final passage, it shall fail of adoption.
178-21 Sec. 2. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.
178-22 Ratification by Texas of a proposed amendment to the Constitution
178-23 of the United States shall take the form of a joint resolution,
178-24 which shall be subject to the rules that govern the proceedings on
178-25 bills, except that it shall be adopted on second reading if it
178-26 receives a majority vote of the members present and voting, a
178-27 quorum being present. If such a joint resolution fails to receive
179-1 a majority vote, it shall fail of adoption and shall not be
179-2 considered again unless revived by a motion to reconsider as
179-3 otherwise provided in the rules.
179-4 Sec. 3. PLACEMENT <ASSIGNMENT> OF JOINT RESOLUTIONS ON <TO>
179-5 A CALENDAR. Joint resolutions on committee report shall be
179-6 referred to the Committee on Calendars for placement on <assignment
179-7 to> an appropriate calendar. The Committee on Calendars shall
179-8 maintain a separate calendar for house joint resolutions and a
179-9 separate calendar for senate joint resolutions. Senate joint
179-10 resolutions shall be considered on calendar Wednesdays and calendar
179-11 Thursdays along with senate bills.
179-12 RULE 10 <11>. HOUSE RESOLUTIONS, <AND> CONCURRENT
179-13 RESOLUTIONS, AND MOTIONS
179-14 Sec. 1. FILING. Resolutions shall be introduced by the
179-15 filing of 12 identical copies with the chief clerk, who shall
179-16 number and record house resolutions in one series and concurrent
179-17 resolutions in a separate series.
179-18 Sec. 2. CONGRATULATORY AND MEMORIAL RESOLUTIONS.
179-19 Congratulatory and memorial resolutions shall be limited to those
179-20 for current and former public officials and those commemorating
179-21 events of national or statewide significance.
179-22 Sec. 3 <2>. REFERRAL TO <STANDING> COMMITTEE. (a) After
179-23 numbering and recording, all resolutions shall be sent to the
179-24 speaker for referral to the proper committee.
179-25 (b) Resolutions proposing the expenditure of money out of
179-26 the contingent expense fund of the legislature shall be referred to
179-27 the Committee on House Administration.
180-1 (c) All other resolutions shall be referred to the
180-2 appropriate <standing> committee with <having> jurisdiction <as
180-3 determined by the provisions of Rule 3>.
180-4 Sec. 4 <3>. REFERRAL TO CALENDARS COMMITTEES. All
180-5 resolutions on committee report, other than privileged resolutions,
180-6 shall be referred immediately to the appropriate calendars
180-7 committee for placement on <assignment to> the appropriate
180-8 calendar.
180-9 Sec. 5 <4>. ORDER OF CONSIDERATION. Unless privileged,
180-10 resolutions shall be considered by the house only at the time
180-11 assigned for their consideration on the calendar, in accordance
180-12 with the provisions of Rule 6, Section 7.
180-13 Sec. 6 <5>. SIGNING BY GOVERNOR. Concurrent resolutions
180-14 shall take the same course as house resolutions, except that they
180-15 shall be sent to the governor for signing when finally passed by
180-16 both houses.
180-17 Sec. 7 <6>. MASCOT RESOLUTIONS. (a) All candidates for the
180-18 office of mascot shall be named in and elected by a single house
180-19 resolution.
180-20 (b) Only children of house members who are under the age of
180-21 12 years shall be eligible for election to the honorary office of
180-22 mascot. A child once named a mascot shall not be eligible for the
180-23 honor a second time.
180-24 (c) No separate classification or special title shall be
180-25 given to any mascot, but all shall receive the same title of
180-26 honorary mascot of the house of representatives.
180-27 (d) The speaker shall issue a certificate showing the
181-1 election of each mascot and deliver it to the parent member of the
181-2 child.
181-3 Pictures of mascots shall appear on the panel picture of the
181-4 house.
181-5 Sec. 8 <7>. CONSIDERATION OF RESOLUTIONS DURING CALLED
181-6 SESSIONS. The subject matter of house resolutions and concurrent
181-7 resolutions does not have to be submitted by the governor in a
181-8 called session before they can be considered.
181-9 Sec. 9. MOTIONS. There shall be motions to congratulate and
181-10 to memorialize. The motions shall be in writing on forms approved
181-11 by the Committee on House Administration and filed with and
181-12 numbered by the chief clerk. After numbering, the chief clerk
181-13 shall transmit the motions to the Committee on Rules and
181-14 Resolutions. All such motions shall be screened by the Committee
181-15 on Rules and Resolutions to determine their appropriateness for
181-16 placement on the motions calendar of the congratulatory and
181-17 memorial calendar for floor consideration. After adoption by the
181-18 house, the evidence of such action shall be prepared for the
181-19 signatures of the speaker and chief clerk, who shall affix the seal
181-20 of the house, on forms approved and provided by the Committee on
181-21 House Administration.
181-22 RULE 11 <12>. AMENDMENTS
181-23 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
181-24 resolution, motion, or proposition is under consideration, a motion
181-25 to amend and a motion to amend that amendment shall be in order.
181-26 It shall also be in order to offer a further amendment by way of a
181-27 substitute. Such a substitute may not be amended. If the
182-1 substitute is adopted, the question shall then be on the amendment
182-2 as substituted, and under this condition an amendment is not in
182-3 order.
182-4 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
182-5 AMENDMENTS. No motion or proposition on a subject different from
182-6 the subject under consideration shall be admitted as an amendment
182-7 or as a substitute for the motion or proposition under debate.
182-8 "Proposition" as used in this section shall include a bill,
182-9 resolution, joint resolution, or any other motion which is
182-10 amendable.
182-11 Amendments pertaining to the organization, powers,
182-12 regulation, and management of the agency, commission, or advisory
182-13 committee under consideration are germane to bills extending state
182-14 agencies, commissions, or advisory committees under the provisions
182-15 of the Texas Sunset Act (Chapter 325, Government Code).
182-16 An amendment to a committee substitute laid before the house
182-17 in lieu of an original bill is germane if each subject of the
182-18 amendment is a subject that is included in the committee substitute
182-19 or was included in the original bill.
182-20 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
182-21 bill shall be amended in its passage through either house so as to
182-22 change its original purpose.
182-23 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
182-24 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
182-25 resolution shall not be in order during its consideration on a
182-26 local, consent, or resolutions calendar set by the Committee on
182-27 Local and Consent Calendars, unless the amendments have first been
183-1 submitted to and approved by the Committee on Local and Consent
183-2 Calendars, which shall be noted thereon by the chair of the
183-3 Committee on Local and Consent Calendars prior to the offering of
183-4 the amendments.
183-5 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
183-6 taken up on its third reading, amendments shall be in order, but
183-7 shall require a two-thirds vote of the members present for their
183-8 adoption. A bill on third reading may be recommitted to a
183-9 committee and later reported to the house with amendments, in which
183-10 case the bill shall again take the course of a bill at its second
183-11 reading.
183-12 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
183-13 amendment shall be filed with the speaker. When the amendment is
183-14 read, two copies shall go to the chief clerk, one copy to the
183-15 journal clerk, one copy to the reading clerk, and one copy to the
183-16 speaker. No amendment offered from the floor shall be in order
183-17 unless the sponsoring member has complied with the provisions of
183-18 this section <subsection> with respect to copies of the amendment.
183-19 (b) Prior to the time that an amendment is offered, if the
183-20 amendment exceeds one page in length, the sponsoring member must
183-21 provide to the chief clerk a minimum of 15 copies to be available
183-22 for distribution to those members requesting copies of the
183-23 amendment.
183-24 (c) If the amendment is only one page in length or less, the
183-25 sponsoring member must provide one additional copy of the amendment
183-26 to the chief clerk, who shall immediately proceed to have
183-27 additional copies made and available for those members requesting
184-1 copies of the amendment.
184-2 (d) The provisions of this section with respect to extra
184-3 copies shall not apply to committee amendments or to amendments
184-4 which do nothing more than delete material from the bill or
184-5 resolution.
184-6 (e) The speaker shall not recognize a member to offer an
184-7 original amendment that exceeds one page in length and that is in
184-8 the form of a complete substitute for the bill or resolution laid
184-9 before the house, or in the opinion of the speaker is a substantial
184-10 substitute, unless 25 copies of the amendment have been provided to
184-11 the chief clerk and have been available in the chief clerk's office
184-12 for at least 12 hours prior to the time the calendar on which the
184-13 bill or resolution to be amended is eligible for consideration.
184-14 (f) An amendment may be typed, hand-printed, or handwritten,
184-15 but must be legible in order to be offered.
184-16 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
184-17 motions to amend shall be offered in the following order:
184-18 (1) motions to amend by striking out the enacting
184-19 clause of a bill (or the resolving clause of a resolution), which
184-20 amendment cannot be amended or substituted;
184-21 (2) motions to amend an original bill, resolution,
184-22 motion, or proposition (other than substitute bills as provided for
184-23 in Subdivision (3) below), which shall have precedence as follows:
184-24 (A) original amendment;
184-25 (B) amendment to the amendment;
184-26 (C) substitute for the amendment to the
184-27 amendment.
185-1 Recognition for the offering of original amendments shall be
185-2 as follows: first, the main author; second, the member or members
185-3 offering the committee amendment; and third, members offering other
185-4 amendments from the floor;
185-5 (3) motions to amend an original bill by striking out
185-6 all after the enacting clause (substitute bills), which substitute
185-7 bills shall be subject to amendment as follows:
185-8 (A) amendment to the substitute bill;
185-9 (B) substitute for the amendment to the
185-10 substitute bill.
185-11 Recognition for offering such substitute bills shall be as
185-12 follows: first, the main author of the original bill, if the
185-13 member has not sought to perfect the bill by amendments as provided
185-14 for in Subdivision (2) above; second, the member or members
185-15 offering the committee amendment; and, third, members offering
185-16 amendments from the floor.
185-17 It shall be in order under the procedure described in this
185-18 subdivision to have as many as four complete measures pending
185-19 before the house at one time; that is, an original bill, an
185-20 amendment striking out all after the enacting clause of the bill
185-21 and inserting a new bill body, an amendment to the amendment
185-22 striking out all after the enacting clause of the bill and
185-23 inserting a new bill body, and a substitute for this amendment to
185-24 the amendment to the original bill which is also a new bill body.
185-25 These "substitute bills" shall be voted on in the reverse order of
185-26 their offering;
185-27 (4) motions to amend the caption of a bill or joint
186-1 resolution, which may also be offered in accordance with Section
186-2 9(a) of this rule.
186-3 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
186-4 out and to insert new matter in lieu of that to be stricken out
186-5 shall be regarded as a substitute and shall be indivisible.
186-6 (b) Matter inserted or stricken out of an original bill by
186-7 way of amendment may not be taken out or reinserted at a later time
186-8 on the same reading except under the following conditions:
186-9 (1) reconsideration of the inserting or deleting
186-10 amendment;
186-11 (2) adoption of a "substitute bill" amendment;
186-12 (3) adoption of an amendment for a whole paragraph,
186-13 section or subdivision of a bill which so materially changes the
186-14 original text that the portion inserted or deleted is in fact of
186-15 minor importance.
186-16 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
186-17 of a bill or resolution shall not be in order until all other
186-18 proposed amendments have been acted on and the house is ready to
186-19 vote on the passage of the measure, and it shall then be decided
186-20 without debate.
186-21 (b) If the previous question has been ordered on a bill or
186-22 joint resolution at any reading, an amendment to the caption of
186-23 that bill or joint resolution may be offered and voted on
186-24 immediately preceding the final vote on the bill or joint
186-25 resolution.
186-26 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
186-27 amendments shall be admitted only when seconded by 25 members. The
187-1 motion may take either of two forms:
187-2 (1) to limit amendments to those pending before the
187-3 house; or
187-4 (2) to limit amendments to those pending on the
187-5 speaker's desk.
187-6 (b) The motion shall be put by the chair in this manner:
187-7 "The motion has been seconded. Three minutes pro and con debate
187-8 will be allowed on the motion to limit amendments." As soon as the
187-9 debate has ended, the chair shall continue: "As many as are in
187-10 favor of limiting amendments on (here state on which question or
187-11 questions) will say 'Aye,'" and then "As many as are opposed say
187-12 'Nay.'" As in all other propositions, a motion to limit amendments
187-13 shall be decided by a record vote if demanded by three members. If
187-14 ordered by a majority of the members voting, a quorum being
187-15 present, the motion shall have the effect of confining further
187-16 debate and consideration to those amendments included within the
187-17 motion, and thereafter the chair will accept no more amendments to
187-18 the proposition to which the motion is applied.
187-19 (c) The motion to limit amendments, if adopted, shall not in
187-20 any way cut off or limit debate or other parliamentary maneuvers on
187-21 the pending proposition or propositions or amendment or amendments
187-22 included within the motion. The sole function of the motion is to
187-23 prevent the chair from accepting further amendments to the
187-24 proposition to which the motion is applied.
187-25 (d) Except as otherwise provided, the motion to limit
187-26 amendments shall have no effect on the parliamentary situation to
187-27 which the motion is applied, and the matter to which the motion is
188-1 applied shall continue to be considered by the house in all other
188-2 respects as though the motion had not been made.
188-3 (e) The amendments that are included within the motion to
188-4 limit amendments shall each be subject to amendment, if otherwise
188-5 permitted under the rules.
188-6 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
188-7 motion to limit amendments is not subject to a motion to table.
188-8 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
188-9 is offered, followed by an amendment to that amendment, and then a
188-10 substitute for the amendment to the amendment, these questions
188-11 shall be voted on in the reverse order of their offering.
188-12 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
188-13 amendment is adopted, such action shall be certified by the chief
188-14 clerk on the amendment, and the official copy of the amendment
188-15 shall then be securely attached to the bill or resolution which it
188-16 amends.
188-17 RULE 12 <13>. PRINTING
188-18 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
188-19 Except as otherwise provided in this rule, all bills and joint
188-20 resolutions shall be printed and a copy provided to each member at
188-21 each of the following stages in the parliamentary progress of the
188-22 bill or joint resolution:
188-23 (1) at the time of the committee report on the bill or
188-24 joint resolution, which shall be known as "First Printing" and
188-25 which shall consist of:
188-26 (A) a complete text of the bill or joint
188-27 resolution as reported from committee;
189-1 (B) a complete copy of the committee bill
189-2 analysis;
189-3 (C) the text of the committee report;
189-4 (D) the record vote by which the measure was
189-5 reported from committee, including the vote of individual members;
189-6 (E) a copy of the latest fiscal note or fiscal
189-7 statement prepared by the author;
189-8 (F) a copy of the latest actuarial impact
189-9 statement <analysis>;
189-10 (G) a copy of the latest criminal justice policy
189-11 impact statement;
189-12 (H) a copy of the latest equalized education
189-13 funding impact statement; and
189-14 (I) a copy of the latest water development
189-15 policy impact statement;
189-16 (2) at the time the bill or joint resolution, if
189-17 amended, finally passes the senate, senate amendments and house
189-18 engrossment text will be printed, which shall be known as "Second
189-19 Printing"; and
189-20 (3) at the time the conference committee, if any,
189-21 makes its report on the bill or joint resolution, which shall be
189-22 known as "Third Printing."
189-23 (b) In any section of the first printing of a bill or joint
189-24 resolution that proposes to amend an existing statute or
189-25 constitutional provision, language sought to be deleted must be
189-26 bracketed and stricken through, and language sought to be added
189-27 must be underlined. This requirement does not apply to:
190-1 (1) an appropriations bill;
190-2 (2) a local bill;
190-3 (3) a game bill;
190-4 (4) a recodification bill;
190-5 (5) a redistricting bill;
190-6 (6) a section of a bill or joint resolution not
190-7 purporting to amend an existing statute or constitutional
190-8 provision;
190-9 (7) a section of a bill or joint resolution that
190-10 revises the entire text of an existing statute or constitutional
190-11 provision, to the extent that it would confuse rather than clarify
190-12 to show deletions and additions; and
190-13 (8) a section of a bill or joint resolution providing
190-14 for severability, nonseverability, emergency, or repeal of an
190-15 existing statute or constitutional provision.
190-16 (c) The speaker may overrule a point of order raised as to a
190-17 violation of Subsection (b) of this section if the violation is
190-18 typographical or minor and does not tend to deceive or mislead.
190-19 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
190-20 after the first printing except when ordered printed by a majority
190-21 vote of the house.
190-22 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
190-23 shall be printed only if the resolution:
190-24 (1) grants permission to sue the state;
190-25 (2) memorializes Congress to take or to refrain from
190-26 taking certain action;
190-27 (3) sets legislative policy or declares legislative
191-1 intent;
191-2 (4) makes corrective changes in any bill, joint
191-3 resolution, or conference committee report;
191-4 (5) establishes or interprets policy for a state
191-5 agency, department, or political subdivision;
191-6 (6) <authorizes a conference committee to include or
191-7 omit from a conference committee report a matter which otherwise
191-8 would be prohibited by the rules;>
191-9 <(7)> establishes, modifies, or changes internal
191-10 procedures or administration of the legislature or any component
191-11 part thereof;
191-12 (7) <(8)> proposes an amendment to the Joint Rules of
191-13 the Senate and the House of Representatives; or
191-14 (8) <(9)> is ordered printed by a majority vote of the
191-15 house.
191-16 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
191-17 printed only if the resolution:
191-18 (1) proposes an amendment to the rules of the house;
191-19 (2) establishes, modifies, or changes the internal
191-20 procedures and administration of the house;
191-21 (3) establishes legislative policy or interprets
191-22 legislative intent; or
191-23 (4) is ordered printed by a majority of the house.
191-24 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
191-25 REQUIREMENTS. Except for matter to be printed in the journal, all
191-26 requirements contained in the rules with respect to the printing of
191-27 bills, resolutions, reports, and other matters shall be considered
192-1 complied with if the material is adequately and properly reproduced
192-2 by any acceptable means of reproduction.
192-3 RULE 13 <14>. INTERACTIONS WITH THE GOVERNOR
192-4 AND SENATE
192-5 CHAPTER A. MESSAGES
192-6 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
192-7 communications from the governor shall be received when announced,
192-8 and shall be read on the calendar day received.
192-9 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
192-10 the senate shall be received when announced. Senate bills
192-11 announced as passed shall be read for the first time and referred
192-12 to the appropriate committee as soon as practicable.
192-13 (b) Messages from the senate announcing amendments to house
192-14 bills and resolutions, nonconcurrence in house amendments to senate
192-15 bills and resolutions, requests for conference committees, reports
192-16 of conference committees, and all other matters of disagreement,
192-17 amendments, and requests between the two houses, shall go to the
192-18 speaker's desk in their regular order, but may be called up for
192-19 action by the house at any time as a privileged matter, yielding
192-20 only to a motion to adjourn.
192-21 CHAPTER B. SENATE AMENDMENTS
192-22 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
192-23 resolution, or other matter is returned to the house with senate
192-24 amendments, the house may:
192-25 (1) agree to the amendments; or
192-26 (2) disagree to all of the amendments and ask for a
192-27 conference committee; or
193-1 (3) agree to one or more of the amendments and
193-2 disagree as to the remainder and request a conference committee to
193-3 consider those in disagreement; or
193-4 (4) agree to one or more and disagree as to the
193-5 remainder; or
193-6 (5) disagree to all amendments.
193-7 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
193-8 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
193-9 amendments thereto must be adopted by a vote of two-thirds of the
193-10 elected membership of the house.
193-11 Sec. 5. PRINTING SENATE AMENDMENTS. Senate amendments to
193-12 house bills and resolutions must be printed and copies provided to
193-13 the members at least 24 hours before any action can be taken
193-14 thereon by the house during a regular or special session<; however,
193-15 during the last 72 hours of any session, it shall not be necessary
193-16 for the 24-hour period to elapse before action can be taken by the
193-17 house>.
193-18 CHAPTER C. CONFERENCE COMMITTEES
193-19 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
193-20 between the senate and the house by committee, the number of
193-21 committee members from each house shall be five. All votes on
193-22 matters of difference shall be taken by each committee separately.
193-23 A majority of each committee shall be required to determine the
193-24 matter in dispute. Reports by conference committees must be signed
193-25 by a majority of each committee of the conference.
193-26 Sec. 7. MEETINGS. House conferees when meeting with senate
193-27 conferees to adjust differences shall meet in public and shall give
194-1 a reasonable amount of notice of the meeting in the place
194-2 designated for giving notice of meetings of house standing
194-3 committees. Any such meeting shall be open to the news media. Any
194-4 conference committee report adopted in private shall not be
194-5 considered by the house.
194-6 Sec. 8. INSTRUCTIONS. Instructions to a conference
194-7 committee shall be made after the conference is ordered and before
194-8 the conferees are appointed by the speaker, and not thereafter.
194-9 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
194-10 committees shall limit their discussions and their actions solely
194-11 to the matters in disagreement between the two houses. A
194-12 conference committee shall have no authority with respect to any
194-13 bill or resolution:
194-14 (1) to change, alter, or amend text which is not in
194-15 disagreement;
194-16 (2) to omit text which is not in disagreement;
194-17 (3) to add text on any matter which is not in
194-18 disagreement;
194-19 (4) to add text on any matter which is not included in
194-20 either the house or senate version of the bill or resolution.
194-21 This rule shall be strictly construed by the presiding
194-22 officer in each house to achieve these purposes.
194-23 (b) Conference committees on appropriations bills, like
194-24 other conference committees, shall limit their discussions and
194-25 their actions solely to the matters in disagreement between the two
194-26 houses. In addition to the limitations contained elsewhere in the
194-27 rules, a conference committee on appropriations bills shall be
195-1 strictly limited in its authority as follows:
195-2 (1) If an item of appropriation appears in both house
195-3 and senate versions of the bill, the item must be included in the
195-4 conference committee report.
195-5 (2) If an item of appropriation appears in both house
195-6 and senate versions of the bill, and in identical amounts, no
195-7 change can be made in the item or the amount.
195-8 (3) If an item of appropriation appears in both house
195-9 and senate versions of the bill but in different amounts, no change
195-10 can be made in the item, but the amount shall be at the discretion
195-11 of the conference committee, provided that the amount shall not
195-12 exceed the larger version and shall not be less than the smaller
195-13 version.
195-14 (4) If an item of appropriation appears in one version
195-15 of the bill and not in the other, the item can be included or
195-16 omitted at the discretion of the conference committee. If the item
195-17 is included, the amount shall not exceed the sum specified in the
195-18 version containing the item.
195-19 (5) If an item of appropriation appears in neither the
195-20 house nor the senate version of the bill, the item must not be
195-21 included in the conference committee report. However, the
195-22 conference committee report may include appropriations for purposes
195-23 or programs authorized by bills that have been passed and sent to
195-24 the governor and may include contingent appropriations for purposes
195-25 or programs authorized by bills that have been passed by at least
195-26 one house.
195-27 This rule shall be strictly construed by the presiding
196-1 officer in each house to achieve these purposes.
196-2 (c) Conference committees on tax bills, like other
196-3 conference committees, shall limit their discussions and their
196-4 actions solely to the matters in disagreement between the two
196-5 houses. In addition to the limitations contained elsewhere in the
196-6 rules, a conference committee on a tax bill shall be strictly
196-7 limited in its authority as follows:
196-8 (1) If a tax item appears in both house and senate
196-9 versions of the bill, the item must be included in the conference
196-10 committee report.
196-11 (2) If a tax item appears in both house and senate
196-12 versions of the bill, and in identical form and with identical
196-13 rates, no change can be made in the item or the rate provided.
196-14 (3) If a tax item appears in both house and senate
196-15 versions of the bill but at differing rates, no change can be made
196-16 in the item, but the rate shall be at the discretion of the
196-17 conference committee, provided that the rate shall not exceed the
196-18 higher version and shall not be less than the lower version.
196-19 (4) If a tax item appears in one version of the bill
196-20 and not in the other, the item can be included or omitted at the
196-21 discretion of the conference committee. If the item is included,
196-22 the rate shall not exceed the rate specified in the version
196-23 containing the item.
196-24 (5) If a tax item appears in neither the house nor the
196-25 senate version of the bill, the item must not be included in the
196-26 conference committee report.
196-27 This rule shall be strictly construed by the presiding
197-1 officer in each house to achieve these purposes.
197-2 (d) Conference committees on reapportionment bills, to the
197-3 extent possible, shall limit their discussions and their actions to
197-4 the matters in disagreement between the two houses. Since the
197-5 adjustment of one district in a reapportionment bill will
197-6 inevitably affect other districts, the strict rule of construction
197-7 imposed on other conference committees must be relaxed somewhat
197-8 when reapportionment bills are involved. Accordingly, the
197-9 following authority and limitations shall apply only to conference
197-10 committees on reapportionment bills:
197-11 (1) If the matters in disagreement affect only certain
197-12 districts, and other districts are identical in both house and
197-13 senate versions of the bill, the conference committee shall make
197-14 adjustments only in those districts whose rearrangement is
197-15 essential to the effective resolving of the matters in
197-16 disagreement. All other districts shall remain unchanged.
197-17 (2) If the matters in disagreement permeate the entire
197-18 bill and affect most, if not all, of the districts, the conference
197-19 committee shall have wide discretion in rearranging the districts
197-20 to the extent necessary to resolve all differences between the two
197-21 houses.
197-22 (3) Insofar as the actual structure of the districts
197-23 is concerned, and only to that extent, the provisions of Subsection
197-24 (a) of this section shall not apply to conference committees on
197-25 reapportionment bills.
197-26 (e) Conference committees on recodification bills, like
197-27 other conference committees, shall limit their discussions and
198-1 their actions solely to the matters in disagreement between the two
198-2 houses. The comprehensive and complicated nature of recodification
198-3 bills makes necessary the relaxing of the strict rule of
198-4 construction imposed on other conference committees only to the
198-5 following extent:
198-6 (1) If it develops in conference committee that
198-7 material has been inadvertently included in both house and senate
198-8 versions which properly has no place in the recodification, that
198-9 material may be omitted from the conference committee report, if by
198-10 that omission the existing statute is not repealed, altered, or
198-11 amended.
198-12 (2) If it develops in conference committee that
198-13 material has been inadvertently omitted from both the house and
198-14 senate versions which properly should be included if the
198-15 recodification is to achieve its purpose of being all-inclusive of
198-16 the statutes being recodified, that material may be added to the
198-17 conference committee report, if by the addition the existing
198-18 statute is merely restated without substantive change in existing
198-19 law.
198-20 (f) Limitations imposed on certain conference committees by
198-21 the provisions of this section may be suspended in part by
198-22 permission of the house to allow consideration of and action on a
198-23 specific matter or matters which otherwise would be prohibited.
198-24 Permission shall be granted only by resolution passed by majority
198-25 vote of the house. All such resolutions shall be privileged in
198-26 nature and need not be referred to a committee. The introduction
198-27 of such a resolution shall be announced from the house floor and
199-1 the resolution shall be eligible for consideration by the house one
199-2 hour after a copy of the resolution has been distributed to each
199-3 member <introduction and need not be referred to a committee>. The
199-4 time at which the copies of such a resolution are distributed to
199-5 the members shall be time-stamped on the originals of the
199-6 resolution. The resolution shall specify in detail:
199-7 (1) the exact nature of the matter or matters proposed
199-8 to be considered;
199-9 (2) the specific limitation or limitations to be
199-10 suspended;
199-11 (3) the specific action contemplated by the conference
199-12 committee; and
199-13 (4) the reasons that suspension of the limitations is
199-14 being requested.
199-15 In the application of this subsection to appropriations
199-16 bills, the resolution shall include a general statement outlining a
199-17 proposed salary plan but need not include changes in amounts
199-18 resulting from the salary plan and differences in language which do
199-19 not affect the substance of the bill.
199-20 Permission thus granted shall suspend the limitations only
199-21 for the matter or matters clearly specified in the resolution, and
199-22 the action of the conference committee shall be in conformity with
199-23 the resolution.
199-24 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) <All
199-25 conference committee reports on general appropriations bills, tax
199-26 bills, reapportionment bills, and recodification bills must be
199-27 printed and a copy furnished to each member at least 48 hours
200-1 before any action can be taken thereon by the house if convened in
200-2 regular session and 24 hours if convened in special session.>
200-3 <(b)> All conference committee reports <on bills other than
200-4 general appropriations, tax, reapportionment, and recodification
200-5 bills> must be printed and a copy furnished to each member at least
200-6 24 hours before action can be taken on the report by the house
200-7 during a regular or special session<; however, during the last 48
200-8 hours of any session it shall be necessary for only two hours to
200-9 elapse after a copy has been provided to each member before action
200-10 can be taken on the report by the house>.
200-11 (b) <(c)> Three original copies of a conference committee
200-12 report shall be submitted to the chief clerk for printing. Each
200-13 original conference committee report shall contain the following:
200-14 (1) the signatures of the house conferees and senate
200-15 conferees who voted to adopt the conference committee report;
200-16 (2) the text of the bill or resolution as adopted by
200-17 the conference committee; and
200-18 (3) an analysis of the conference committee report as
200-19 required by Section 11 of this rule.
200-20 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
200-21 committees shall include an analysis showing wherein the report
200-22 differs from the house and senate versions of the bill, resolution,
200-23 or other matter in disagreement. The analysis of appropriations
200-24 bills shall show in dollar amounts the differences between the
200-25 conference committee report and the house and senate versions. No
200-26 conference committee report shall be considered by the house unless
200-27 such an analysis has been prepared and distributed to each
201-1 member.
201-2 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
201-3 report is not subject to amendment, but must be accepted or
201-4 rejected in its entirety. While a conference committee report is
201-5 pending, a motion to deal with individual amendments in
201-6 disagreement is not in order.
201-7 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
201-8 committee report is not acceptable to the house for any reason, it
201-9 may be recommitted to the same committee with the request for
201-10 further consideration, and the house may or may not give any
201-11 specific instructions on the report to the conference committee; or
201-12 the house may request the appointment by the senate of a new
201-13 conference committee and then proceed to empower the speaker to
201-14 name new conferees for the house.
201-15 RULE 14 <15>. GENERAL PROVISIONS
201-16 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
201-17 inexplicit on any question of order or parliamentary practice, the
201-18 Rules of the House of Representatives of the United States
201-19 Congress, and its practice as reflected in Hind's and Cannon's
201-20 Precedents, and Mason's Manual of Legislative Procedure shall be
201-21 considered as authority.
201-22 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
201-23 rules of the house shall be proposed by house resolutions which
201-24 shall be referred at once, without debate, to the Committee on
201-25 Rules and Resolutions for study and recommendation.
201-26 (b) A resolution proposing an amendment to the rules shall
201-27 not be considered by the house until a printed copy of the
202-1 resolution has been provided to each member of the house at least
202-2 48 hours before consideration.
202-3 (c) Amendments to the rules shall require a majority vote of
202-4 the house for adoption.
202-5 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
202-6 the rules shall be in order at any time, except when motions to
202-7 adjourn or recess are pending, even when the house is operating
202-8 under the previous question. A motion to "suspend all rules" shall
202-9 be sufficient to suspend every rule under which the house is
202-10 operating for a particular purpose except the provisions of the
202-11 constitution, the statutes, and the joint rules of the two houses.
202-12 If the rules have been suspended on a main motion for a given
202-13 purpose, no other motion to suspend the rules on a main motion
202-14 shall be in order until the original purpose has been accomplished.
202-15 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
202-16 shall not be in order to move to suspend the rules or the regular
202-17 order of business to take up a measure out of its regular order,
202-18 and the speaker shall not recognize anyone for either purpose,
202-19 unless the speaker has announced to the house in session that the
202-20 speaker would recognize a member for that purpose at least one hour
202-21 before the member is so recognized to make the motion. In making
202-22 the announcement to the house, the speaker shall advise the house
202-23 of the member's name and the bill number, and this information,
202-24 together with the time that the announcement was made, shall be
202-25 entered in the journal. This rule may be suspended only by
202-26 unanimous consent.
202-27 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
203-1 of the house may be suspended by an affirmative vote of two-thirds
203-2 of the members present. However, if a rule contains a specific
203-3 provision showing the vote by which that rule may be suspended,
203-4 that vote shall be required for the suspension of the rule. The
203-5 specific provision may not be suspended under the provisions of
203-6 this section.
203-7 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
203-8 measure taken up under suspension and not disposed of on the same
203-9 day shall go over as pending or unfinished business to the next day
203-10 that the house is in session, and shall be considered thereafter
203-11 from day to day (except the days used for the consideration of
203-12 senate bills) until disposed of.
203-13 Black
203-14 Brimer
203-15 Heflin
203-16 Earley
203-17 Brady
203-18 Chisum
203-19 Craddick
203-20 Hirschi
203-21 Greenberg
203-22 Cain
203-23 Naishtat
203-24 Parra
203-25 Maxey
203-26 Linebarger
203-27 conference committee report.
204-1 This rule shall be strictly construed by the presiding
204-2 officer in each house to achieve these purposes.
204-3 (d) Conference committees on reapportionment bills, to the
204-4 extent possible, shall limit their discussions and their actions to
204-5 the matters in disagreement between the two houses. Since the
204-6 adjustment of one district in a reapportionment bill will
204-7 inevitably affect other districts, the strict rule of construction
204-8 imposed on other conference committees must be relaxed somewhat
204-9 when reapportionment bills are involved. Accordingly, the
204-10 following authority and limitations shall apply only to conference
204-11 committees on reapportionment bills:
204-12 (1) If the matters in disagreement affect only certain
204-13 districts, and other districts are identical in both house and
204-14 H.R. No. 22
204-15 senate versions of the bill, the conference committee shall make
204-16 adjustments only in those districts whose rearrangement is
204-17 essential to the effective resolving of the matters in
204-18 disagreement. All other districts shall remain unchanged.
204-19 (2) If the matters in disagreement permeate the entire
204-20 bill and affect most, if not all, of the districts, the conference
204-21 committee shall have wide discretion in rearranging the districts
204-22 to the extent necessary to resolve all differences between the two
204-23 houses.
204-24 (3) Insofar as the actual structure of the districts
204-25 is concerned, and only to that extent, the provisions of Subsection
204-26 (a) of this section shall not apply to conference committees on
204-27 reapportionment bills.
205-1 (e) Conference committees on recodification bills, like
205-2 other conference committees, shall limit their discussions and
205-3 their actions solely to the matters in disagreement between the two
205-4 houses. The comprehensive and complicated nature of recodification
205-5 bills makes necessary the relaxing of the strict rule of
205-6 construction imposed on other conference committees only to the
205-7 following extent:
205-8 (1) If it develops in conference committee that
205-9 material has been inadvertently included in both house and senate
205-10 versions which properly has no place in the recodification, that
205-11 material may be omitted from the conference committee report, if by
205-12 that omission the existing statute is not repealed, altered, or
205-13 amended.
205-14 (2) If it develops in conference committee that
205-15 material has been inadvertently omitted from both the house and
205-16 senate versions which properly should be included if the
205-17 H.R. No. 22
205-18 recodification is to achieve its purpose of being all-inclusive of
205-19 the statutes being recodified, that material may be added to the
205-20 conference committee report, if by the addition the existing
205-21 statute is merely restated without substantive change in existing
205-22 law.
205-23 (f) Limitations imposed on certain conference committees by
205-24 the provisions of this section may be suspended in part by
205-25 permission of the house to allow consideration of and action on a
205-26 specific matter or matters which otherwise would be prohibited.
205-27 Permission shall be granted only by resolution passed by majority
206-1 vote of the house. All such resolutions shall be privileged in
206-2 nature and need not be referred to a committee. The introduction
206-3 of such a resolution shall be announced from the house floor and
206-4 the resolution shall be eligible for consideration by the house one
206-5 hour after a copy of the resolution has been distributed to each
206-6 member <introduction and need not be referred to a committee>. The
206-7 time at which the copies of such a resolution are distributed to
206-8 the members shall be time-stamped on the originals of the
206-9 resolution. The resolution shall specify in detail:
206-10 (1) the exact nature of the matter or matters proposed
206-11 to be considered;
206-12 (2) the specific limitation or limitations to be
206-13 suspended;
206-14 (3) the specific action contemplated by the conference
206-15 committee; and
206-16 (4) the reasons that suspension of the limitations is
206-17 being requested.
206-18 In the application of this subsection to appropriations
206-19 bills, the resolution shall include a general statement outlining a
206-20 H.R. No. 22
206-21 proposed salary plan but need not include changes in amounts
206-22 resulting from the salary plan and differences in language which do
206-23 not affect the substance of the bill.
206-24 Permission thus granted shall suspend the limitations only
206-25 for the matter or matters clearly specified in the resolution, and
206-26 the action of the conference committee shall be in conformity with
206-27 the resolution.
207-1 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) <All
207-2 conference committee reports on general appropriations bills, tax
207-3 bills, reapportionment bills, and recodification bills must be
207-4 printed and a copy furnished to each member at least 48 hours
207-5 before any action can be taken thereon by the house if convened in
207-6 regular session and 24 hours if convened in special session.>
207-7 <(b)> All conference committee reports <on bills other than
207-8 general appropriations, tax, reapportionment, and recodification
207-9 bills> must be printed and a copy furnished to each member at least
207-10 24 hours before action can be taken on the report by the house
207-11 during a regular or special session<; however, during the last 48
207-12 hours of any session it shall be necessary for only two hours to
207-13 elapse after a copy has been provided to each member before action
207-14 can be taken on the report by the house>.
207-15 (b) <(c)> Three original copies of a conference committee
207-16 report shall be submitted to the chief clerk for printing. Each
207-17 original conference committee report shall contain the following:
207-18 (1) the signatures of the house conferees and senate
207-19 conferees who voted to adopt the conference committee report;
207-20 (2) the text of the bill or resolution as adopted by
207-21 the conference committee; and
207-22 (3) an analysis of the conference committee report as
207-23 H.R. No. 22
207-24 required by Section 11 of this rule.
207-25 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
207-26 committees shall include an analysis showing wherein the report
207-27 differs from the house and senate versions of the bill, resolution,
208-1 or other matter in disagreement. The analysis of appropriations
208-2 bills shall show in dollar amounts the differences between the
208-3 conference committee report and the house and senate versions. No
208-4 conference committee report shall be considered by the house unless
208-5 such an analysis has been prepared and distributed to each
208-6 member.
208-7 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
208-8 report is not subject to amendment, but must be accepted or
208-9 rejected in its entirety. While a conference committee report is
208-10 pending, a motion to deal with individual amendments in
208-11 disagreement is not in order.
208-12 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
208-13 committee report is not acceptable to the house for any reason, it
208-14 may be recommitted to the same committee with the request for
208-15 further consideration, and the house may or may not give any
208-16 specific instructions on the report to the conference committee; or
208-17 the house may request the appointment by the senate of a new
208-18 conference committee and then proceed to empower the speaker to
208-19 name new conferees for the house.
208-20 H.R. No. 22
208-21 RULE 14 <15>. GENERAL PROVISIONS
208-22 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
208-23 inexplicit on any question of order or parliamentary practice, the
208-24 Rules of the House of Representatives of the United States
208-25 Congress, and its practice as reflected in Hind's and Cannon's
208-26 Precedents, and Mason's Manual of Legislative Procedure shall be
208-27 considered as authority.
209-1 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
209-2 rules of the house shall be proposed by house resolutions which
209-3 shall be referred at once, without debate, to the Committee on
209-4 Rules and Resolutions for study and recommendation.
209-5 (b) A resolution proposing an amendment to the rules shall
209-6 not be considered by the house until a printed copy of the
209-7 resolution has been provided to each member of the house at least
209-8 48 hours before consideration.
209-9 (c) Amendments to the rules shall require a majority vote of
209-10 the house for adoption.
209-11 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
209-12 the rules shall be in order at any time, except when motions to
209-13 adjourn or recess are pending, even when the house is operating
209-14 under the previous question. A motion to "suspend all rules" shall
209-15 be sufficient to suspend every rule under which the house is
209-16 operating for a particular purpose except the provisions of the
209-17 constitution, the statutes, and the joint rules of the two houses.
209-18 If the rules have been suspended on a main motion for a given
209-19 purpose, no other motion to suspend the rules on a main motion
209-20 shall be in order until the original purpose has been accomplished.
209-21 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
209-22 shall not be in order to move to suspend the rules or the regular
209-23 H.R. No. 22
209-24 order of business to take up a measure out of its regular order,
209-25 and the speaker shall not recognize anyone for either purpose,
209-26 unless the speaker has announced to the house in session that the
209-27 speaker would recognize a member for that purpose at least one hour
210-1 before the member is so recognized to make the motion. In making
210-2 the announcement to the house, the speaker shall advise the house
210-3 of the member's name and the bill number, and this information,
210-4 together with the time that the announcement was made, shall be
210-5 entered in the journal. This rule may be suspended only by
210-6 unanimous consent.
210-7 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
210-8 of the house may be suspended by an affirmative vote of two-thirds
210-9 of the members present. However, if a rule contains a specific
210-10 provision showing the vote by which that rule may be suspended,
210-11 that vote shall be required for the suspension of the rule. The
210-12 specific provision may not be suspended under the provisions of
210-13 this section.
210-14 H.R. No. 22
210-15 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
210-16 measure taken up under suspension and not disposed of on the same
210-17 day shall go over as pending or unfinished business to the next day
210-18 that the house is in session, and shall be considered thereafter
210-19 from day to day (except the days used for the consideration of
210-20 senate bills) until disposed of.
210-21 Wilson
210-22 Black
210-23 Brimer
210-24 Heflin
210-25 Earley
210-26 Brady
210-27 Chisum
211-1 Craddick
211-2 Hirschi
211-3 Greenberg
211-4 Cain
211-5 Naishtat
211-6 Parra
211-7 Maxey
211-8 Linebarger