By: Wilson H.R. No. 22
73R2705 SC-D
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 ................... 2
1-10 2. EMPLOYEES .......................................... 9
1-11 3. STANDING COMMITTEES ................................ 25
1-12 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES ..... 69
1-13 5. FLOOR PROCEDURE .................................... 108
1-14 6. ORDER OF BUSINESS AND CALENDARS .................... 127
1-15 7. MOTIONS ............................................ 145
1-16 8. BILLS .............................................. 161
1-17 <9. APPROPRIATIONS BILLS .............................. 171>
1-18 9 <10>. JOINT RESOLUTIONS ............................. 181
1-19 10 <11>. HOUSE RESOLUTIONS, <AND> CONCURRENT
1-20 RESOLUTIONS, AND MOTIONS .................... 183
1-21 11 <12>. AMENDMENTS .................................... 186
1-22 12 <13>. PRINTING ...................................... 193
1-23 13 <14>. INTERACTIONS WITH THE GOVERNOR
1-24 AND SENATE .................................. 197
2-1 14 <15>. GENERAL PROVISIONS ............................ 207
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 and motions;
9-5 (3) provide for the keeping of a complete record of
9-6 introduction and action on all bills and resolutions, including the
9-7 number, author, brief description of the subject matter, committee
9-8 reference, and the time sequence of action taken on all bills and
9-9 resolutions to reflect at all times their status in the legislative
9-10 process;
9-11 (4) on the day of numbering a bill relating to a
9-12 conservation and reclamation district created under Article XVI,
9-13 Section 59, of the Texas Constitution, send two copies of the bill,
9-14 with two copies of the notice of intention to introduce the bill,
9-15 to the governor and notify the journal clerk of the action;
9-16 (5) receive the recommendations of the Texas Water
9-17 Commission on a bill forwarded to the commission under Article XVI,
9-18 Section 59, of the Texas Constitution, attach them to the bill to
9-19 which they apply, and notify the journal clerk that the
9-20 recommendations have been filed;
9-21 (6) on the day of numbering, or of receiving from the
9-22 senate, a bill creating a conservation and reclamation district
9-23 under the authority of Article XVI, Section 59, of the Texas
9-24 Constitution, forward a copy of the bill to the Texas Water
9-25 Development Board and Texas Water Commission for preparation of a
9-26 water development policy impact statement if one is not already
9-27 attached;
10-1 (7) forward to the committee chair a certified copy of
10-2 each legislative document referred to a committee along with
10-3 certified copies of all official attachments to the document;
10-4 (8) have printed and distributed correct copies of all
10-5 legislative documents, as provided in the subchapter on printing,
10-6 and keep an exact record of the date and hour of transmittal to the
10-7 printer, return from the printer, and distribution of the document
10-8 to members of the house with that information time-stamped on the
10-9 originals of the document;
10-10 (9) certify the passage of bills and resolutions,
10-11 noting on them the date of passage and the vote by which passed, if
10-12 by record vote;
10-13 (10) be responsible for engrossing all house bills and
10-14 resolutions that have passed second reading and those that have
10-15 passed third reading, and for enrolling all house bills and
10-16 resolutions that have passed both houses.
10-17 All engrossed and enrolled documents shall be prepared
10-18 without erasures, interlineations, or additions in the margin.
10-19 House concurrent resolutions passed without amendment
10-20 shall not be engrossed but shall be certified and forwarded
10-21 directly to the senate.
10-22 Engrossed riders may be used in lieu of full
10-23 engrossment on second reading passage;
10-24 (11) be authorized to amend the caption to conform to
10-25 the body of each house bill and joint resolution ordered engrossed
10-26 or finally passed;
10-27 (12) be responsible for noting on each house bill or
11-1 joint resolution, for certification by the speaker of the house,
11-2 the lieutenant governor, the chief clerk of the house, and the
11-3 secretary of the senate, the following information:
11-4 (A) date of final passage, and the vote on final
11-5 passage, if by record vote, or the notation "Nonrecord Vote," if
11-6 not by record vote. If the bill was amended in the senate, this
11-7 fact shall also be noted;
11-8 (B) date of concurrence by the house in senate
11-9 amendments, and the vote on concurrence, if by record vote, or the
11-10 notation "Nonrecord Vote," if not by record vote;
11-11 (C) date of adoption by each house of a
11-12 conference committee report and the vote on adoption, if by record
11-13 vote, or the notation "Nonrecord Vote," if not by record vote;
11-14 (D) that a bill containing an appropriation was
11-15 passed subject to the provisions of Article III, Section 49a, of
11-16 the Texas Constitution; and
11-17 (E) that a concurrent resolution was adopted by
11-18 both houses directing the correction of an enrolled bill, if
11-19 applicable;
11-20 (13) transmit over signature all messages from the
11-21 house to the senate, including typewritten copies of amendments to
11-22 senate bills;
11-23 (14) prepare copies of senate amendments to house
11-24 bills for the journal before the amendments and the bill or
11-25 resolution to which they relate are sent to the printer or to the
11-26 speaker;
11-27 (15) notify the speaker in writing that the senate did
12-1 not concur in house amendments to a bill or resolution and requests
12-2 a conference committee, and include in this notice the names of the
12-3 senate conferees; and
12-4 (16) provide a certified copy of a house bill or
12-5 resolution which may be lost showing each parliamentary step taken
12-6 on the bill.
12-7 (b) The chief clerk shall also:
12-8 (1) attest all writs, warrants and subpoenas issued by
12-9 order of the house;
12-10 (2) provide for issuance of an identification card to
12-11 each member and employee of the house;
12-12 (3) receive reports of select committees and forward
12-13 copies to the speaker and journal clerk;
12-14 (4) not later than 30 days after the close of each
12-15 session, acquire from each of the various clerks of the house,
12-16 except the journal clerk, all reports, records, bills, papers, and
12-17 other documents remaining in their possession and file them with
12-18 the Legislative Reference Library, unless otherwise provided by
12-19 law;
12-20 (5) receive and file all other documents required by
12-21 law or by the rules of the house;
12-22 (6) prepare a roster of members in order of seniority
12-23 showing the number of years of service of each member, as provided
12-24 in Rule 4, Section 2; and
12-25 (7) have printed and distributed the list of Items
12-26 Eligible for Consideration as required by the rules.
12-27 (c) The chief clerk shall also provide for the following to
13-1 be made available on the electronic legislative information system
13-2 at the same time that the corresponding copies are placed in the
13-3 members' newspaper mailboxes:
13-4 (1) all house calendars and lists; and
13-5 (2) the time-stamp information for all official
13-6 printings of bills and resolutions.
13-7 (d) The chief clerk shall also:
13-8 (1) maintain duplicate originals of committee minutes
13-9 as required by Rule 4, Sections 18(b) and (c);
13-10 (2) maintain sworn statements from witnesses appearing
13-11 before committees as required by Rule 4, Section 20(c);
13-12 (3) under the direction of the Committee on House
13-13 Administration, prescribe the form of the sworn statements for
13-14 witnesses; and
13-15 (4) as directed by the chair of a committee, post
13-16 committee meeting notices in accordance with the rules.
13-17 Sec. 2. JOURNAL CLERK. The journal clerk shall:
13-18 (1) keep a journal of the proceedings of the house,
13-19 except when the house is acting as a committee of the whole, and
13-20 enter the following:
13-21 (A) the number, author, and caption of every
13-22 bill introduced;
13-23 (B) descriptions of all congratulatory and
13-24 memorial resolutions on committee report, motions, amendments,
13-25 questions of order and decisions on them, messages from the
13-26 governor, and messages from the senate;
13-27 (C) the summaries of congratulatory and memorial
14-1 resolutions and motions, as printed on <in> the congratulatory and
14-2 memorial <resolutions> calendar;
14-3 (D) the number of each bill, joint resolution,
14-4 and concurrent resolution signed in the presence of the house;
14-5 (E) a listing of reports made by standing
14-6 committees;
14-7 (F) reports of select committees, when ordered
14-8 by the house;
14-9 (G) every record vote or registration of the
14-10 house with a concise statement of the action and the result;
14-11 (H) the names of all absentees, both excused and
14-12 not excused;
14-13 (I) senate amendments to house bills or
14-14 resolutions, when concurred in by the house;
14-15 (J) the date each bill is transmitted to the
14-16 governor;
14-17 (K) the date recommendations of the Texas Water
14-18 Commission on each bill subject to Article XVI, Section 59, of the
14-19 Texas Constitution, are filed with the chief clerk;
14-20 (L) all pairs as a part of a record vote;
14-21 (M) reasons for a vote, when filed with the
14-22 journal clerk within two hours of the time the vote was taken;
14-23 (N) the vote of a member on a record or
14-24 nonrecord vote, when filed with the journal clerk within 1 hour of
14-25 the time the result of the vote was announced by the chair; and
14-26 (O) official state documents, reports, and other
14-27 matters, when ordered by the house;
15-1 (2) prepare a daily journal for each calendar day that
15-2 the house is in session and distribute copies to the members of the
15-3 house on the succeeding calendar day or the earliest possible date;
15-4 and
15-5 (3) prepare and have printed a permanent house journal
15-6 of regular and special sessions in accordance with the law and the
15-7 following provisions:
15-8 (A) When completed, no more than 300 copies
15-9 shall be bound and distributed as follows:
15-10 (i) one copy to each member of the house
15-11 of representatives;
15-12 (ii) one copy to each member of the
15-13 senate; and
15-14 (iii) the remainder of the copies to be
15-15 distributed by the Committee on House Administration.
15-16 (B) The journal clerk shall not receive or
15-17 receipt for the permanent house journal until it has been correctly
15-18 published.
15-19 Sec. 3. READING CLERKS. The reading clerks, under the
15-20 supervision of the journal clerk, shall:
15-21 (1) call the roll of the house in alphabetical order
15-22 when ordered to do so by the speaker;
15-23 (2) open and close the voting machine on registrations
15-24 and record votes as ordered by the speaker;
15-25 (3) record votes from the floor as directed by the
15-26 speaker;
15-27 (4) read all bills, resolutions, motions, and other
16-1 matters required by the rules or directed by the speaker;
16-2 (5) prepare official copies of all record votes for
16-3 the journal;
16-4 (6) make no additions, subtractions, or other changes
16-5 in any record vote or registration unless specifically granted
16-6 permission by the house or directed by the speaker prior to the
16-7 announcement of the final result; and
16-8 (7) lock the voting machine of each member who is
16-9 excused or who is otherwise known to be absent when the house is in
16-10 session, until the member personally requests unlocking the
16-11 machine.
16-12 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
16-13 (1) under the direction of the speaker, have charge of
16-14 and maintain order in the hall of the house, its lobbies and
16-15 galleries, and all other rooms in the capitol assigned for the use
16-16 of the house of representatives;
16-17 (2) attend the house and the committee of the whole
16-18 during all meetings and maintain order under the direction of the
16-19 speaker or other presiding officer;
16-20 (3) execute the commands of the house and serve the
16-21 writs and processes issued by the authority of the house and
16-22 directed by the speaker;
16-23 (4) supervise assistants to the sergeant-at-arms who
16-24 shall aid in the performance of prescribed duties and have the same
16-25 authority, subject to the control of the speaker;
16-26 (5) clear the floor of the house of all persons not
16-27 entitled to the privileges of the floor at least 30 minutes prior
17-1 to the convening of each session of the house;
17-2 (6) bring in absent members when so directed under a
17-3 call of the house;
17-4 (7) not allow the distribution of any printed matter
17-5 in the hall of the house, other than newspapers that have been
17-6 published at least once a week for a period of one year, unless it
17-7 first has been authorized in writing by at least one member of the
17-8 house and the name of the member appears on the printed matter.
17-9 The sergeant-at-arms shall refuse to accept for distribution any
17-10 printed matter which does not bear the name of the member or
17-11 members authorizing the distribution;
17-12 (8) keep a copy of written authorization and a record
17-13 of the matter distributed in the permanent files of the house;
17-14 (9) enforce parking regulations applicable to areas of
17-15 the capitol complex under the control of the house and supervise
17-16 parking attendants; and
17-17 (10) supervise the doorkeeper.
17-18 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-19 of the sergeant-at-arms, shall:
17-20 (1) enforce strictly the rules of the house relating
17-21 to privileges of the floor and perform other duties as directed by
17-22 the speaker;
17-23 (2) close the main entrance and permit no member to
17-24 leave the house without written permission from the speaker when a
17-25 call of the house or a call of the committee of the whole is
17-26 ordered, take up permission cards as members leave the hall, and
17-27 take up permission cards of those who are admitted to the floor of
18-1 the house under the rules and practice of the house;
18-2 (3) obtain recognition from the speaker and announce a
18-3 messenger from the governor or the senate on arrival at the bar of
18-4 the house; and
18-5 (4) obtain recognition from the speaker and announce
18-6 the arrival of the governor or the senate on arrival at the bar of
18-7 the house for official proceedings in the house.
18-8 Sec. 6. CHAPLAIN. The chaplain shall open the first session
18-9 on each calendar day with a prayer and shall perform such other
18-10 duties as directed by the Committee on House Administration.
18-11 <Sec. 7. COMMITTEE COORDINATOR. The committee coordinator,
18-12 or the committee coordinator's designee, shall:>
18-13 <(1) maintain duplicate originals of committee minutes
18-14 as required by Rule 4, Sections 19(b) and (c);>
18-15 <(2) maintain sworn statements from witnesses
18-16 appearing before committees as required by Rule 4, Section 21(c);>
18-17 <(3) for each bill or resolution on committee report,
18-18 verify compliance with appropriate sections of the House Rules;>
18-19 <(4) endorse all committee reports before forwarding
18-20 them to the chief clerk for printing;>
18-21 <(5) under the direction of the Committee on House
18-22 Administration, prepare a schedule for regular meetings of all
18-23 standing committees;>
18-24 <(6) under the direction of the Committee on House
18-25 Administration, prescribe the form of the sworn statements for
18-26 witnesses;>
18-27 <(7) as directed by the chair of a committee, post
19-1 committee meeting notices in accordance with the rules; and>
19-2 <(8) provide other necessary assistance to standing
19-3 and special committees.>
19-4 <CHAPTER B. CONDITIONS OF EMPLOYMENT>
19-5 <Sec. 8. EMPLOYEES OF THE HOUSE. Employees of the house
19-6 shall:>
19-7 <(1) be on duty on the days and hours determined by
19-8 the Committee on House Administration or the speaker;>
19-9 <(2) perform all duties directed by the Committee on
19-10 House Administration or the speaker;>
19-11 <(3) be allowed to appear before a standing or select
19-12 committee on a measure when granted permission by majority vote of
19-13 the committee;>
19-14 <(4) not enter the house chamber when the house is in
19-15 session except when performing their official duties;>
19-16 <(5) not enter the area on the floor of the house
19-17 enclosed by the railing when the house is in session except when
19-18 specifically authorized by the Committee on House Administration;>
19-19 <(6) not cast a vote for a member on the voting
19-20 machine or otherwise;>
19-21 <(7) not compile or release any information concerning
19-22 the voting record of any member of the house for any session of the
19-23 legislature except when a member requests information about that
19-24 member's personal voting record, or when the information is for the
19-25 journal or other official records;>
19-26 <(8) not campaign or assist in the campaign of any
19-27 candidate for speaker;>
20-1 <(9) not attempt to, or aid anyone in an attempt to,
20-2 influence any member of the house in favor of or against any
20-3 measure pending before the legislature, either directly or
20-4 indirectly, except when answering questions or giving information
20-5 at the request of a member of the house;>
20-6 <(10) not be permitted to receive, directly or
20-7 indirectly, any compensation, by gift or otherwise, from any other
20-8 source, unless specifically authorized by the speaker or the
20-9 Committee on House Administration; and>
20-10 <(11) be subject to immediate discharge by the
20-11 Committee on House Administration or the speaker for violation of
20-12 any provision of this rule or any other applicable rule.>
20-13 <Sec. 9. EMPLOYEES OF COMMITTEES. Employees of committees
20-14 shall:>
20-15 <(1) be on duty on the days and hours determined by
20-16 the chair;>
20-17 <(2) perform all duties directed by the chair;>
20-18 <(3) be allowed to appear before a standing or select
20-19 committee on a measure when granted permission by majority vote of
20-20 the committee;>
20-21 <(4) not enter the house chamber when the house is in
20-22 session except when they are performing their official duties and
20-23 are specifically authorized to do so by the Committee on House
20-24 Administration or the speaker;>
20-25 <(5) not enter the area on the floor of the house
20-26 enclosed by the railing when the house is in session except when
20-27 specifically authorized by the Committee on House Administration or
21-1 the speaker;>
21-2 <(6) not cast a vote for a member on the voting
21-3 machine or otherwise;>
21-4 <(7) not compile or release any information concerning
21-5 the voting record of any member of the house for any session of the
21-6 legislature except when a member requests information about that
21-7 member's personal voting record, or when the information is for the
21-8 journal or other official records;>
21-9 <(8) not campaign or assist in the campaign of any
21-10 candidate for speaker;>
21-11 <(9) not attempt to, or aid anyone in an attempt to,
21-12 influence any member of the house in favor of or against any
21-13 measure pending before the legislature, either directly or
21-14 indirectly, except when answering questions or giving information
21-15 at the request of a member of the house;>
21-16 <(10) not be permitted to receive, directly or
21-17 indirectly, any compensation, by gift or otherwise, from any other
21-18 source, unless specifically authorized by the speaker or the
21-19 Committee on House Administration; and>
21-20 <(11) be subject to immediate discharge by the chair,
21-21 the Committee on House Administration, or the speaker for violation
21-22 of any provision of this rule or any other applicable rule.>
21-23 <Sec. 10. EMPLOYEES OF INDIVIDUAL MEMBERS. (a) Employees
21-24 of individual members shall:>
21-25 <(1) be on duty on the days and hours determined by
21-26 the individual member;>
21-27 <(2) perform all duties directed by the individual
22-1 member;>
22-2 <(3) be allowed to appear before a standing or select
22-3 committee on a measure when granted permission by majority vote of
22-4 the committee;>
22-5 <(4) not enter the house chamber when the house is in
22-6 session except when they are performing their official duties and
22-7 are specifically authorized to do so by the Committee on House
22-8 Administration or the speaker;>
22-9 <(5) not enter the area on the floor of the house
22-10 enclosed by the railing when the house is in session except when
22-11 specifically authorized by the Committee on House Administration or
22-12 the speaker;>
22-13 <(6) not cast a vote for a member on the voting
22-14 machine or otherwise;>
22-15 <(7) not compile or release any information concerning
22-16 the voting record of any member of the house for any session of the
22-17 legislature except when a member requests information about that
22-18 member's personal voting record, or when the information is for the
22-19 journal or other official records unless specifically authorized by
22-20 the individual member;>
22-21 <(8) not campaign or assist in the campaign of any
22-22 candidate for speaker unless specifically authorized by the
22-23 individual member;>
22-24 <(9) not attempt to, or aid anyone in an attempt to,
22-25 influence any member of the house in favor of or against any
22-26 measure pending before the legislature, either directly or
22-27 indirectly, except when answering questions or giving information
23-1 at the request of a member of the house;>
23-2 <(10) not be permitted to receive, directly or
23-3 indirectly, any compensation, by gift or otherwise, from any other
23-4 source, unless specifically authorized by the speaker or the
23-5 Committee on House Administration; and>
23-6 <(11) be subject to immediate discharge by the member,
23-7 the Committee on House Administration, or the speaker for violation
23-8 of any provision of this rule or any other applicable rule.>
23-9 <The Committee on House Administration or the speaker may
23-10 discharge a member's employee when the grievance procedure as
23-11 outlined in Subsection (c) of this section is complied with.>
23-12 <(b) For purposes of this section, an employee of the
23-13 speaker is an employee of an individual member.>
23-14 <(c) The member employing any employee who violates any
23-15 applicable rule shall be advised of the violation by the speaker or
23-16 the Committee on House Administration, and the employing member
23-17 shall take appropriate action with regard to the employee in
23-18 question. Any employee of an individual member who commits a
23-19 second violation of the rules shall be subject to a hearing before
23-20 the Committee on Rules and Resolutions to determine if a
23-21 recommendation of dismissal of said employee should be made to the
23-22 Committee on House Administration for appropriate action.>
23-23 <Sec. 11. OFFICE HOURS. All offices of the house shall be
23-24 open on days and hours determined by the Committee on House
23-25 Administration or the speaker and other hours that the house or its
23-26 committees are in session.>
23-27 <Sec. 12. PERIOD OF EMPLOYMENT. The period of employment of
24-1 all employees shall be determined by the employing authority,
24-2 except that all employees shall be terminated not later than the
24-3 Monday preceding the convening of a regular session.>
24-4 RULE 3. STANDING COMMITTEES
24-5 Sec. 1. AGRICULTURE AND WILDLIFE MANAGEMENT. The committee
24-6 shall have 11 members, with jurisdiction over all matters
24-7 pertaining to:
24-8 (1) agriculture, horticulture, and farm husbandry;
24-9 (2) livestock and stock raising, and the livestock
24-10 industry;
24-11 (3) the development and preservation of forests, and
24-12 the regulation, control, and promotion of the lumber industry;
24-13 (4) the creation, operation, and control of state
24-14 parks;
24-15 (5) the regulation and control of the propagation and
24-16 preservation of wildlife and fish in the state;
24-17 (6) hunting and fishing in the state, and the
24-18 regulation and control thereof;
24-19 (7) the development and regulation of the fish and
24-20 oyster industries of the state; and
24-21 (8) the following state agencies: the Department of
24-22 Agriculture, the Texas Animal Health Commission, the State Soil and
24-23 Water Conservation Board, the Texas Forest Service, the Office of
24-24 Chief Apiary Inspector, the Texas Agricultural Experiment Station,
24-25 the Texas Agricultural Extension Service, the Poultry Improvement
24-26 Board, the Natural Fibers and Food Protein Commission, the State
24-27 Seed and Plant Board, the State Board of Veterinary Medical
25-1 Examiners, the Texas Veterinary Medical Diagnostic Laboratory, the
25-2 Dairy Advisory Board, the Egg Marketing Advisory Board, the Family
25-3 Farm and Ranch Advisory Council, the Produce Recovery Fund Board,
25-4 the Texas Structural Pest Control Board, the Predatory Animal and
25-5 Rodent Control Service, the Office of Gulf States Marine Fisheries
25-6 Compact Commissioner for Texas, and the Parks and Wildlife
25-7 Department.
25-8 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
25-9 members, with jurisdiction over:
25-10 (1) all bills and resolutions appropriating money from
25-11 the state treasury;
25-12 (2) all bills and resolutions containing provisions
25-13 resulting in automatic allocation of funds from the state
25-14 treasury;
25-15 (3) all bills and resolutions diverting funds from the
25-16 state treasury or preventing funds from going in that otherwise
25-17 would be placed in the state treasury; and
25-18 (4) all matters pertaining to claims and accounts
25-19 filed with the legislature against the state unless jurisdiction
25-20 over those bills and resolutions is specifically granted by these
25-21 rules to some other standing committee.
25-22 (b) The appropriations committee may comment upon any bill
25-23 or resolution containing a provision resulting in an automatic
25-24 allocation of funds.
25-25 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have 11
25-26 members, with jurisdiction over all matters pertaining to:
25-27 (1) industry and manufacturing;
26-1 (2) industrial safety and adequate and safe working
26-2 conditions, and the regulation and control of those conditions;
26-3 (3) hours, wages, collective bargaining, and the
26-4 relationship between employers and employees;
26-5 (4) the regulation of business transactions and
26-6 transactions involving property interests;
26-7 (5) the organization, incorporation, management, and
26-8 regulation of private corporations and professional associations
26-9 and the Uniform Commercial Code and the Limited Partnership Act;
26-10 (6) the protection of consumers, governmental
26-11 regulations incident thereto, the agencies of government authorized
26-12 to regulate such activities, and the role of the government in
26-13 consumer protection; and
26-14 (7) the following state agency: the Texas Workers'
26-15 Compensation Commission.
26-16 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
26-17 members, with jurisdiction over:
26-18 (1) the placement of bills and resolutions on
26-19 appropriate calendars, except those within the jurisdiction of the
26-20 Committee on Rules and Resolutions;
26-21 (2) the determination of priorities and proposal of
26-22 rules for floor consideration of such bills and resolutions; and
26-23 (3) all other matters concerning the calendar system
26-24 and the expediting of the business of the house as may be assigned
26-25 by the speaker.
26-26 Sec. 5. CORRECTIONS. The committee shall have 11 members,
26-27 with jurisdiction over all matters pertaining to:
27-1 (1) the incarceration and rehabilitation of convicted
27-2 felons;
27-3 (2) the establishment and maintenance of programs that
27-4 provide alternatives to incarceration;
27-5 (3) the commitment and rehabilitation of youths;
27-6 (4) the construction, operation, and management of
27-7 correctional facilities of the state and facilities used for the
27-8 commitment and rehabilitation of youths; and
27-9 (5) the following state agencies: the Texas
27-10 Department of Criminal Justice, the Board of Pardons and Paroles,
27-11 the Texas Juvenile Probation Commission, the Texas Youth
27-12 Commission, the Texas Work Furlough Program Advisory Board, the
27-13 Texas Punishment Standards Commission, and the Criminal Justice
27-14 Policy Council.
27-15 Sec. 6. COUNTY AFFAIRS. The committee shall have 11
27-16 members, with jurisdiction over all matters pertaining to:
27-17 (1) counties, including their organization, creation,
27-18 boundaries, government, and finance and the compensation and duties
27-19 of their officers and employees;
27-20 (2) establishing districts for the election of
27-21 governing bodies of counties;
27-22 (3) regional councils of governments;
27-23 (4) multicounty boards or commissions;
27-24 (5) relationships or contracts between counties;
27-25 (6) other units of local government; and
27-26 (7) the following state agency: the Commission on
27-27 Jail Standards.
28-1 Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have 11
28-2 members, with jurisdiction over all matters pertaining to:
28-3 (1) criminal law, prohibitions, standards, and
28-4 penalties;
28-5 (2) probation and parole;
28-6 (3) criminal procedure in the courts of Texas;
28-7 (4) revision or amendment of the Penal Code;
28-8 (5) fines and penalties arising under civil laws; and
28-9 (6) the following state agencies: the Office of State
28-10 Prosecuting Attorney, the Office of Interstate Parole Compact
28-11 Administrator for Texas, and the Texas Advisory Council on Juvenile
28-12 Services.
28-13 Sec. 8. ECONOMIC DEVELOPMENT. The committee shall have 11
28-14 members, with jurisdiction over all matters pertaining to:
28-15 (1) commerce, trade, and manufacturing;
28-16 (2) economic and industrial development;
28-17 (3) job creation and job-training programs;
28-18 (4) hours, wages, collective bargaining, and the
28-19 relationship between employers and employees;
28-20 (5) unemployment compensation, including coverage,
28-21 benefits, taxes, and eligibility;
28-22 (6) boiler inspection and safety standards and
28-23 regulation;
28-24 (7) labor unions and their organization, control,
28-25 management, and administration;
28-26 (8) weights and measures;
28-27 (9) advances in science and technology, including
29-1 telecommunications, electronic technology, and automated data
29-2 processing and the regulation of those industries;
29-3 (10) the promotion of scientific research,
29-4 technological development, and technology transfer in the state;
29-5 (11) matters relating to cooperation of state and
29-6 local governments with the scientific and technological community,
29-7 which includes industry, the universities, and federal governmental
29-8 laboratories; and
29-9 (12) the following state agencies: the Texas
29-10 Department of Commerce, the Texas Employment Commission, and the
29-11 Texas National Research Laboratory Commission.
29-12 Sec. 9. ELECTIONS. The committee shall have 11 members,
29-13 with jurisdiction over all matters pertaining to:
29-14 (1) the right of suffrage in Texas;
29-15 (2) primary, special, and general elections;
29-16 (3) revision, modification, amendment, or change of
29-17 the Election Code;
29-18 (4) the secretary of state in relation to elections;
29-19 (5) campaign finance; and
29-20 (6) the following state agency: the Office of the
29-21 Secretary of State.
29-22 Sec. 10. ENERGY RESOURCES. The committee shall have 11
29-23 members, with jurisdiction over all matters pertaining to:
29-24 (1) the conservation of the energy resources of
29-25 Texas;
29-26 (2) the production, regulation, transportation, and
29-27 development of oil, gas, and other energy resources;
30-1 (3) mining and the development of mineral deposits
30-2 within the state;
30-3 (4) the leasing and regulation of mineral rights under
30-4 public lands;
30-5 (5) pipelines, pipeline companies, and all others
30-6 operating as common carriers in the state;
30-7 (6) electric utility regulation as it relates to
30-8 energy production and consumption; and
30-9 (7) the following state agencies: the Texas Railroad
30-10 Commission, the Office of Interstate Oil Compact Commissioner for
30-11 Texas, the Office of Interstate Mining Compact Commissioner for
30-12 Texas, the Office of Southern States Energy Board Member for Texas,
30-13 the Veterans' Land Board, the School Land Board, and the General
30-14 Land Office.
30-15 Sec. 11. ENVIRONMENTAL REGULATION. The committee shall have
30-16 11 members, with jurisdiction over all matters pertaining to:
30-17 (1) air, land, and water pollution, including the
30-18 environmental regulation of industrial development;
30-19 (2) the regulation of waste disposal;
30-20 (3) environmental matters that are regulated by the
30-21 General Land Office, Texas Air Control Board, Texas Department of
30-22 Health, Texas Natural Resource Conservation Commission, or Texas
30-23 Water Commission;
30-24 (4) oversight of the Texas Natural Resource
30-25 Conservation Commission as it relates to environmental regulation;
30-26 and
30-27 (5) the following state agencies: the Texas Air
31-1 Control Board, the Coastal Conservation Council, the Pollution
31-2 Prevention Council, and the Texas Low-Level Radioactive Waste
31-3 Disposal Authority.
31-4 Sec. 12. GENERAL INVESTIGATING (PROCEDURAL). (a) The
31-5 General Investigating Committee consists of five members of the
31-6 house appointed by the speaker. The speaker shall appoint the
31-7 chair and the vice-chair of the committee.
31-8 (b) The general investigating committee has all the powers
31-9 and duties and shall operate according to the procedures prescribed
31-10 by Subchapter B, Chapter 301, Government Code, and the rules of the
31-11 house, as applicable.
31-12 Sec. 13. HIGHER EDUCATION. The committee shall have 11
31-13 members, with jurisdiction over all matters pertaining to:
31-14 (1) education beyond high school;
31-15 (2) the colleges and universities of the State of
31-16 Texas; and
31-17 (3) the following state agencies: the Board for Lease
31-18 of University Lands, the Texas Engineering Experiment Station, the
31-19 Texas Engineering Extension Service, the Texas Higher Education
31-20 Coordinating Board, Texas University Systems, the Texas Guaranteed
31-21 Student Loan Corporation, the State Rural Medical Education Board,
31-22 and the Texas Transportation Institute.
31-23 Sec. 14. HOUSE ADMINISTRATION (PROCEDURAL). The committee
31-24 shall have 11 members, with jurisdiction over:
31-25 (1) administrative operation of the house and its
31-26 employees;
31-27 (2) the general house fund, with full control over all
32-1 expenditures from the fund;
32-2 (3) all property, equipment, and supplies obtained by
32-3 the house for its use and the use of its members;
32-4 (4) all office space available for the use of the
32-5 house and its members;
32-6 (5) the assignment of vacant office space, vacant
32-7 parking spaces, and vacant desks on the house floor to members with
32-8 seniority based on cumulative years of service in the house, except
32-9 that the committee may make these assignments based on physical
32-10 disability of a member where it deems proper;
32-11 (6) all admissions to the floor during sessions of the
32-12 house;
32-13 (7) all proposals to invite nonmembers to appear
32-14 before or address the house or a joint session;
32-15 (8) all radio broadcasting and televising, live or
32-16 recorded, of sessions of the house;
32-17 (9) the electronic recording of the proceedings of the
32-18 house of representatives and the custody of the recordings of
32-19 testimony before house committees, with authority to promulgate
32-20 reasonable rules, regulations, and conditions concerning the
32-21 safekeeping, reproducing, transcribing of the recordings, and the
32-22 defraying of costs for transcribing the recordings, subject to
32-23 other provisions of these rules;
32-24 (10) all witnesses appearing before the house or any
32-25 committee thereof in support of or in opposition to any pending
32-26 legislative proposal; and
32-27 (11) the following state agency: the State
33-1 Preservation Board.
33-2 Sec. 15. HUMAN SERVICES. The committee shall have 11
33-3 members, with jurisdiction over all matters pertaining to:
33-4 (1) welfare and rehabilitation programs and their
33-5 development, administration, and control;
33-6 (2) oversight of the Health and Human Services
33-7 Commission as it relates to the subject matter jurisdiction of this
33-8 committee; and
33-9 (3) the following state agencies: the Texas
33-10 Department on Aging, the Council for Social Work Certification, the
33-11 Texas Committee on Purchases of Products and Services of Blind and
33-12 Severely Disabled Persons, the Texas Commission for the Blind, the
33-13 Texas Commission for the Deaf and Hearing Impaired, the Texas
33-14 Department of Human Services, the Department of Protective and
33-15 Regulatory Services, the Texas Rehabilitation Commission, and the
33-16 Texas State Board of Examiners of Professional Counselors.
33-17 Sec. 16. INSURANCE. The committee shall have 11 members,
33-18 with jurisdiction over all matters pertaining to:
33-19 (1) insurance and the insurance industry;
33-20 (2) all insurance companies and other organizations of
33-21 any type writing or issuing policies of insurance in the State of
33-22 Texas, including their organization, incorporation, management,
33-23 powers, and limitations; and
33-24 (3) the following state agencies: the State Board of
33-25 Insurance, the Texas Department of Insurance, and the Office of
33-26 Public Insurance Counsel.
33-27 Sec. 17. INTERNATIONAL AND CULTURAL RELATIONS. The
34-1 committee shall have 11 members, with jurisdiction over all matters
34-2 pertaining to:
34-3 (1) federal and international commerce and trade;
34-4 (2) the relations between the State of Texas and the
34-5 federal government;
34-6 (3) the relations between the State of Texas and other
34-7 sovereign states of the United States;
34-8 (4) the relations between the State of Texas and other
34-9 nations;
34-10 (5) international trade, economic development, tourist
34-11 development, and goodwill;
34-12 (6) cultural resources and their promotion,
34-13 development, and regulation;
34-14 (7) historical resources and their promotion,
34-15 development, and regulation;
34-16 (8) promotion and development of Texas' image and
34-17 heritage;
34-18 (9) preservation and protection of Texas' shrines,
34-19 monuments, and memorials;
34-20 (10) interstate tourist promotion and development; and
34-21 (11) the following state agencies: the Office of
34-22 State-Federal Relations, the Antiquities Committee, the Texas
34-23 Commission on the Arts, the Texas Historical Resources Development
34-24 Council, the Texas State Library and Archives Commission, the Texas
34-25 Historical Commission, and the San Jacinto Historical Advisory
34-26 Board.
34-27 Sec. 18. INVESTMENTS AND BANKING. The committee shall have
35-1 11 members, with jurisdiction over all matters pertaining to:
35-2 (1) benefits or participation in benefits of a public
35-3 retirement system and the financial obligations of a public
35-4 retirement system;
35-5 (2) banking and the state banking system;
35-6 (3) savings and loan associations;
35-7 (4) credit unions;
35-8 (5) the lending of money; and
35-9 (6) the following state agencies: the Office of
35-10 Firefighters Pension Commissioner, the State Board of Trustees of
35-11 the Teacher Retirement System, the State Board of Trustees of the
35-12 Employees Retirement System, the Board of Trustees of the Texas
35-13 County and District Retirement System, the Board of Trustees of the
35-14 Texas Municipal Retirement System, the State Pension Review Board,
35-15 the State Securities Board, The Finance Commission of Texas, the
35-16 Credit Union Commission, the Office of Consumer Credit
35-17 Commissioner, the Office of Banking Commissioner, the State Banking
35-18 Board, the Banking Department of Texas, the Savings and Loan
35-19 Department of Texas, the Texas Treasury Safekeeping Trust Company,
35-20 and the Office of the State Treasurer.
35-21 Sec. 19. JUDICIAL AFFAIRS. The committee shall have 11
35-22 members, with jurisdiction over all matters pertaining to:
35-23 (1) civil law, including rights, duties, remedies, and
35-24 procedures thereunder;
35-25 (2) civil procedure in the courts of Texas;
35-26 (3) uniform state laws;
35-27 (4) creating, changing, or otherwise affecting courts
36-1 of judicial districts of the state;
36-2 (5) establishing districts for the election of
36-3 judicial officers;
36-4 (6) the State Bar of Texas;
36-5 (7) the Texas Judicial Council;
36-6 (8) the State Commission on Judicial Conduct;
36-7 (9) the Office of the Attorney General, including its
36-8 organization, powers, functions, and responsibilities;
36-9 (10) administrative law and the adjudication of rights
36-10 by administrative agencies;
36-11 (11) permission to sue the state;
36-12 (12) courts and court procedures except where
36-13 jurisdiction is specifically granted to some other standing
36-14 committee; and
36-15 (13) the following state agencies: the Supreme Court,
36-16 the Courts of Appeals, the Court of Criminal Appeals, the State
36-17 Commission on Judicial Conduct, the Office of Court Administration
36-18 of the Texas Judicial System, the State Law Library, the Texas
36-19 Judicial Council, the Office of the Attorney General, and the Board
36-20 of Law Examiners.
36-21 Sec. 20. LICENSING AND ADMINISTRATIVE PROCEDURES. The
36-22 committee shall have 11 members, with jurisdiction over all matters
36-23 pertaining to:
36-24 (1) the oversight of businesses, industries, general
36-25 trades, and occupations regulated by this state;
36-26 (2) the regulation of greyhound and horse racing and
36-27 other gaming industries;
37-1 (3) regulation of the sale of intoxicating beverages
37-2 and local option control;
37-3 (4) the Alcoholic Beverage Code; and
37-4 (5) the following state agencies: the Texas
37-5 Department of Licensing and Regulation, the State Office of
37-6 Administrative Hearings, the Texas Board of Architectural
37-7 Examiners, the Texas State Board of Public Accountancy, the Texas
37-8 Real Estate Commission, the Texas State Board of Plumbing
37-9 Examiners, the State Board of Registration for Professional
37-10 Engineers, the Real Estate Research Center, the Texas Board of
37-11 Professional Land Surveying, the Texas Racing Commission, and the
37-12 Texas Alcoholic Beverage Commission.
37-13 Sec. 21. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
37-14 committee shall have 11 members, with jurisdiction over:
37-15 (1) the placement on appropriate calendars of bills
37-16 and resolutions that, in the opinion of the committee, are in fact
37-17 local or will be uncontested, and have been recommended as such by
37-18 the standing committee of original jurisdiction; and
37-19 (2) the determination of priorities for floor
37-20 consideration of bills and resolutions except those within the
37-21 jurisdiction of the Committee on Calendars.
37-22 Sec. 22. NATURAL RESOURCES. The committee shall have 11
37-23 members, with jurisdiction over all matters pertaining to:
37-24 (1) the conservation of the natural resources of
37-25 Texas;
37-26 (2) the control and development of land and water and
37-27 land and water resources, including the taking, storing, control,
38-1 and use of all water in the state, and its appropriation and
38-2 allocation;
38-3 (3) irrigation, irrigation companies, and irrigation
38-4 districts, and their incorporation, management, and powers;
38-5 (4) the creation, modification, and regulation of
38-6 water supply districts, water control and improvement districts,
38-7 conservation and reclamation districts, and all similar organs of
38-8 local government dealing with water and water supply;
38-9 (5) oversight of the Texas Natural Resource
38-10 Conservation Commission as it relates to the regulation of water
38-11 resources; and
38-12 (6) the following state agencies: the Office of
38-13 Canadian River Compact Commissioner for Texas, the Office of Pecos
38-14 River Compact Commissioner for Texas, the Office of Red River
38-15 Compact Commissioner for Texas, the Office of Rio Grande Compact
38-16 Commissioner for Texas, the Office of Sabine River Compact
38-17 Administrator for Texas, the Office of South Central Interstate
38-18 Forest Fire Protection Compact, the Multi-State Water Resources
38-19 Planning Commission, the Texas Water Commission, and the Texas
38-20 Water Development Board.
38-21 Sec. 23. PUBLIC EDUCATION. The committee shall have 11
38-22 members, with jurisdiction over all matters pertaining to:
38-23 (1) the public schools and the public school system of
38-24 Texas;
38-25 (2) the state programming of elementary and secondary
38-26 education for the public school system of Texas;
38-27 (3) proposals to create, change, or otherwise alter
39-1 school districts of the state; and
39-2 (4) the following state agencies: the Advisory
39-3 Council for Technical-Vocational Education, the State Board of
39-4 Education, the Central Education Agency, the Office of Compact for
39-5 Education Commissioner for Texas, the State Textbook Committee, the
39-6 Office of Southern Regional Education Compact Commissioner for
39-7 Texas, the Teachers' Professional Practices Commission, and the
39-8 Commission on Standards for the Teaching Profession.
39-9 Sec. 24. PUBLIC HEALTH. The committee shall have 11
39-10 members, with jurisdiction over all matters pertaining to:
39-11 (1) the protection of public health, including
39-12 supervision and control of the practice of medicine and dentistry
39-13 and other allied health services;
39-14 (2) mental health and mental retardation and the
39-15 development of programs incident thereto;
39-16 (3) the prevention and treatment of mental illness and
39-17 mental retardation;
39-18 (4) oversight of the Health and Human Services
39-19 Commission as it relates to the subject matter jurisdiction of this
39-20 committee; and
39-21 (5) the following state agencies: the Texas
39-22 Department of Mental Health and Mental Retardation, the Department
39-23 of Public Health, the Board of Public Health, the Texas Commission
39-24 on Alcohol and Drug Abuse, the Anatomical Board of the State of
39-25 Texas, the Texas Funeral Service Commission, the Texas Board of
39-26 Examiners in the Fitting and Dispensing of Hearing Aids, the Board
39-27 of Vocational Nurse Examiners, the Texas Optometry Board, the
40-1 Radiation Advisory Board, the Texas State Board of Pharmacy, the
40-2 Board of Nurse Examiners, the Texas Board of Licensure for Nursing
40-3 Home Administrators, The Texas Board of Chiropractic Examiners, the
40-4 Texas Board of Physical Therapy Examiners, the Texas State Board of
40-5 Podiatry Examiners, the Texas State Board of Examiners of
40-6 Psychologists, the State Board of Dental Examiners, the Texas State
40-7 Board of Medical Examiners, the Advisory Board of Athletic
40-8 Trainers, the Dental Care Advisory Committee, the Dental Hygiene
40-9 Advisory Committee, the Hospital Advisory Council, the Hospital
40-10 Licensing Advisory Council, the Sanitarian Advisory Committee, the
40-11 State Board of Barber Examiners, the Texas Cosmetology Commission,
40-12 the Interagency Council on Early Childhood Intervention Services,
40-13 the Texas Cancer Council, and the Texas Hospital Equipment
40-14 Financing Council.
40-15 Sec. 25. PUBLIC SAFETY. The committee shall have 11
40-16 members, with jurisdiction over all matters pertaining to:
40-17 (1) public safety and emergency preparedness,
40-18 enforcement, and development;
40-19 (2) the prevention of crime and the apprehension of
40-20 criminals;
40-21 (3) the provision of security services by private
40-22 entities; and
40-23 (4) the following state agencies: the Commission on
40-24 Law Enforcement Officer Standards and Education, the Department of
40-25 Public Safety, the Polygraph Examiners Board, the Texas Board of
40-26 Private Investigators and Private Security Agencies, and the Crime
40-27 Stoppers Advisory Council.
41-1 Sec. 26. REDISTRICTING (PROCEDURAL). The committee shall
41-2 have 11 members, with jurisdiction over all matters pertaining to:
41-3 (1) legislative districts, both house and senate, and
41-4 any changes or amendments;
41-5 (2) congressional districts, their creation, and any
41-6 changes or amendments;
41-7 (3) establishing districts for the election of
41-8 judicial officers or of governing bodies or representatives of
41-9 political subdivisions or state agencies as required by law; and
41-10 (4) preparations for the redistricting process.
41-11 Sec. 27. RULES AND RESOLUTIONS (PROCEDURAL). The committee
41-12 shall have 11 members, with jurisdiction over:
41-13 (1) Rules of Procedure of the House of
41-14 Representatives, and all proposed amendments;
41-15 (2) Joint Rules of the House and Senate, and all
41-16 proposed amendments;
41-17 (3) all procedures for expediting the business of the
41-18 house in an orderly and efficient manner;
41-19 (4) all resolutions or motions to congratulate,
41-20 memorialize, or name mascots of the house; and
41-21 (5) other matters concerning rules, procedures, and
41-22 operation of the house assigned by the speaker.
41-23 Sec. 28. STATE AFFAIRS. The committee shall have 15
41-24 members, with jurisdiction over all matters pertaining to:
41-25 (1) questions and matters of state policy;
41-26 (2) the administration of state government;
41-27 (3) the organization, powers, regulation, and
42-1 management of state departments and agencies;
42-2 (4) the operation and regulation of public lands and
42-3 state buildings;
42-4 (5) the organization, regulation, operation, and
42-5 management of state institutions;
42-6 (6) the duties and conduct of officers and employees
42-7 of the state government;
42-8 (7) the duties and conduct of candidates for public
42-9 office and of persons with an interest in influencing public
42-10 policy;
42-11 (8) the various branches of the military service of
42-12 the United States;
42-13 (9) the defense of the state and nation;
42-14 (10) veterans of military and related services;
42-15 (11) the operation of state government and its
42-16 agencies and departments; all of above except where jurisdiction is
42-17 specifically granted to some other standing committee;
42-18 (12) access of the state agencies to scientific and
42-19 technological information; and
42-20 (13) the following state agencies: the Council of
42-21 State Governments, the National Conference of State Legislatures,
42-22 the Texas Advisory Commission on Intergovernmental Relations, the
42-23 Commission on Human Rights, the Texas Public Finance Authority, the
42-24 Bond Review Board, the Board for Lease of Texas Prison Lands, the
42-25 Division of Emergency Management, the Governor's Office, the Texas
42-26 Surplus Property Agency, the General Services Commission, the Texas
42-27 National Guard Armory Board, the Adjutant General's Department, the
43-1 Texas Veterans Commission, the State Aircraft Pooling Board, the
43-2 State Conservatorship Board, the Emergency Management Council, the
43-3 State Employee Incentive Commission, the Productivity Bonus
43-4 Commission, the Texas Ethics Commission, the Department of
43-5 Information Resources, the Public Utility Commission of Texas, the
43-6 Office of Public Utility Counsel, and the Sunset Advisory
43-7 Commission.
43-8 Sec. 29. TRANSPORTATION. The committee shall have 11
43-9 members, with jurisdiction over all matters pertaining to:
43-10 (1) commercial motor vehicles, both bus and truck, and
43-11 their control, regulation, licensing, and operation;
43-12 (2) the Texas highway system, including all roads,
43-13 bridges, and ferries constituting a part of the system;
43-14 (3) the licensing of private passenger vehicles to
43-15 operate on the roads and highways of the state;
43-16 (4) the regulation and control of traffic on the
43-17 public highways of the State of Texas;
43-18 (5) railroads, street railway lines, interurban
43-19 railway lines, steamship companies, and express companies;
43-20 (6) airports, air traffic, airlines, and other
43-21 organizations engaged in transportation by means of aerial flight;
43-22 (7) water transportation in the State of Texas, and
43-23 the rivers, harbors, and related facilities used in water
43-24 transportation and the agencies of government exercising
43-25 supervision and control thereover; and
43-26 (8) the following state agencies: the Texas
43-27 Department of Transportation, the Texas Transportation Commission,
44-1 and the Texas Turnpike Authority.
44-2 Sec. 30. URBAN AFFAIRS. The committee shall have 11
44-3 members, with jurisdiction over all matters pertaining to:
44-4 (1) cities, municipalities, and town corporations,
44-5 including their creation, organization, powers, government, and
44-6 finance, and the compensation and duties of their officers and
44-7 employees;
44-8 (2) home-rule cities, their relationship to the state,
44-9 and their powers, authority, and limitations;
44-10 (3) the creation or change of metropolitan areas and
44-11 the form of government under which those areas operate;
44-12 (4) the regulation of metropolitan transit;
44-13 (5) problems and issues particularly affecting
44-14 metropolitan areas of the state;
44-15 (6) other units of local government not otherwise
44-16 assigned by these rules to other standing committees;
44-17 (7) establishing districts for the election of
44-18 governing bodies of cities; and
44-19 (8) the following state agencies: the Texas
44-20 Department of Housing and Community Affairs and the Texas
44-21 Commission on Fire Protection.
44-22 Sec. 31. WAYS AND MEANS. The committee shall have 11
44-23 members, with jurisdiction over:
44-24 (1) all bills and resolutions proposing to raise
44-25 revenue;
44-26 (2) all bills or resolutions proposing to levy taxes
44-27 or other fees;
45-1 (3) all proposals to modify, amend, or change any
45-2 existing tax or revenue statute;
45-3 (4) all proposals to regulate the manner of collection
45-4 of state revenues and taxes;
45-5 (5) all bills and resolutions containing provisions
45-6 resulting in automatic allocation of funds from the state
45-7 treasury;
45-8 (6) all bills and resolutions diverting funds from the
45-9 state treasury or preventing funds from going in that otherwise
45-10 would be placed in the state treasury;
45-11 (7) all bills and resolutions proposing to levy taxes
45-12 or raise revenue for all units of government and regulating the
45-13 collection thereof;
45-14 (8) all bills and resolutions relating to the Property
45-15 Tax Code; and
45-16 (9) the following state agencies: the Office of
45-17 Multistate Tax Compact Commissioner for Texas, the State
45-18 Comptroller of Public Accounts, and the Board of Tax Professional
45-19 Examiners.
45-20 <Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
45-21 have nine members, with jurisdiction over all matters pertaining
45-22 to:>
45-23 <(1) agriculture, horticulture, and farm husbandry;>
45-24 <(2) livestock and stock raising, and the livestock
45-25 industry; and>
45-26 <(3) the following state agencies: the Texas
45-27 Department of Agriculture, the Texas Animal Health Commission, the
46-1 State Soil and Water Conservation Board, the Texas Forest Service,
46-2 the Office of Chief Apiary Inspector, the Texas Agricultural
46-3 Experiment Station, the Texas Agricultural Extension Service, the
46-4 Poultry Improvement Board, the Natural Fibers and Food Protein
46-5 Commission, the State Seed and Plant Board, the State Board of
46-6 Veterinary Medical Examiners, the Texas Veterinary Medicine
46-7 Diagnostic Laboratory, the Dairy Advisory Board, the Egg Marketing
46-8 Advisory Board, the Family Farm Advisory Council, the Produce
46-9 Recovery Fund Board, the Texas Structural Pest Control Board, and
46-10 the Rodent and Predatory Animal Control Service.>
46-11 <Sec. 2. APPROPRIATIONS. (a) The committee shall have 23
46-12 members, with jurisdiction over:>
46-13 <(1) all bills and resolutions appropriating money
46-14 from the state treasury;>
46-15 <(2) all bills and resolutions containing provisions
46-16 resulting in automatic allocation of funds from the state
46-17 treasury;>
46-18 <(3) all bills and resolutions diverting funds from
46-19 the state treasury or preventing funds from going in which
46-20 otherwise would be placed in the state treasury; and>
46-21 <(4) all matters pertaining to claims and accounts
46-22 filed with the legislature against the state unless jurisdiction
46-23 over those bills and resolutions is specifically granted by these
46-24 rules to some other standing committee.>
46-25 <(b) The appropriations committee may comment upon any bill
46-26 or resolution containing a provision resulting in an automatic
46-27 allocation of funds.>
47-1 <Sec. 3. BUSINESS AND COMMERCE. The committee shall have
47-2 nine members, with jurisdiction over all matters pertaining to:>
47-3 <(1) commerce, trade, and manufacturing;>
47-4 <(2) industry and industrial development;>
47-5 <(3) hours, wages, collective bargaining, and the
47-6 relationship between employers and employees;>
47-7 <(4) industrial safety and adequate and safe working
47-8 conditions, and the regulation and control of those conditions;>
47-9 <(5) the protection of consumers, governmental
47-10 regulations incident thereto, the agencies of government authorized
47-11 to regulate such activities, and the role of the government in
47-12 consumer protection; and>
47-13 <(6) the following state agencies: the Texas
47-14 Department of Commerce, the State Securities Board, the Texas Board
47-15 of Architectural Examiners, the Texas State Board of Public
47-16 Accountancy, the Texas Worker's Compensation Commission, the Texas
47-17 Real Estate Commission, the Texas State Board of Plumbing
47-18 Examiners, the State Board of Registration for Professional
47-19 Engineers, the Real Estate Research Center, the Texas Board of
47-20 Irrigators, the Texas Board of Land Surveying, and the Texas
47-21 Industrialized Building Code Council.>
47-22 <Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
47-23 nine members, with jurisdiction over:>
47-24 <(1) the assignment of bills and resolutions to
47-25 appropriate calendars, except those within the jurisdiction of the
47-26 Committee on Local and Consent Calendars or the Committee on Rules
47-27 and Resolutions;>
48-1 <(2) the determination of priorities and granting of
48-2 rules for floor consideration of such bills and resolutions; and>
48-3 <(3) all other matters concerning the calendar system
48-4 and the expediting of the business of the house as may be assigned
48-5 by the speaker.>
48-6 <Sec. 5. CORRECTIONS. The committee shall have nine
48-7 members, with jurisdiction over all matters pertaining to:>
48-8 <(1) incarceration and rehabilitation of convicted
48-9 felons;>
48-10 <(2) the establishment and maintenance of programs
48-11 that provide alternatives to incarceration;>
48-12 <(3) commitment and rehabilitation of youths;>
48-13 <(4) construction, operation, and management of
48-14 correctional facilities of the state and facilities used for the
48-15 commitment and rehabilitation of youths; and>
48-16 <(5) the following state agencies: the Texas
48-17 Department of Criminal Justice, the Texas Juvenile Probation
48-18 Commission, the Texas Youth Commission, the Texas Work Furlough
48-19 Program Advisory Board, and the Criminal Justice Policy Council.>
48-20 <Sec. 6. COUNTY AFFAIRS. The committee shall have 11
48-21 members, with jurisdiction over all matters pertaining to:>
48-22 <(1) counties, including their organization, creation,
48-23 boundaries, government, finance, and the compensation and duties of
48-24 their officers and employees;>
48-25 <(2) establishing districts for the election of
48-26 governing bodies of counties;>
48-27 <(3) regional councils of governments;>
49-1 <(4) multicounty boards or commissions;>
49-2 <(5) relationships or contracts between counties;>
49-3 <(6) other units of local government; and>
49-4 <(7) the following state agency: the Commission on
49-5 Jail Standards.>
49-6 <Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
49-7 nine members, with jurisdiction over all matters pertaining to:>
49-8 <(1) criminal law, prohibitions, standards, and
49-9 penalties;>
49-10 <(2) probation and parole;>
49-11 <(3) criminal procedure in the courts of Texas;>
49-12 <(4) revision or amendment of the Penal Code;>
49-13 <(5) fines and penalties arising under civil laws; and>
49-14 <(6) the following state agencies: the Office of
49-15 State Prosecuting Attorney, the Criminal Justice Coordinating
49-16 Council, the Office of Interstate Parole Compact Administrator for
49-17 Texas, and the Texas Advisory Council on Juvenile Services.>
49-18 <Sec. 8. CULTURAL AND HISTORICAL RESOURCES. The committee
49-19 shall have nine members, with jurisdiction over:>
49-20 <(1) cultural resources, their promotion, development,
49-21 and regulation;>
49-22 <(2) historical resources, their promotion,
49-23 development, and regulation;>
49-24 <(3) promotion and development of Texas' image and
49-25 heritage;>
49-26 <(4) preservation and protection of Texas' shrines,
49-27 monuments, and memorials;>
50-1 <(5) interstate tourist promotion and development; and>
50-2 <(6) the following state agencies: the State
50-3 Preservation Board, the Antiquities Committee, the Texas Commission
50-4 on the Arts, the Texas Historical Resources Development Council,
50-5 the Texas State Library and Archives Commission, the Texas
50-6 Historical Commission, and the San Jacinto Historical Advisory
50-7 Board.>
50-8 <Sec. 9. ELECTIONS. The committee shall have nine members,
50-9 with jurisdiction over:>
50-10 <(1) all matters relating to the right of suffrage in
50-11 Texas;>
50-12 <(2) all proposals affecting primary, special, and
50-13 general elections;>
50-14 <(3) all proposals to revise, modify, amend, or change
50-15 the Election Code;>
50-16 <(4) all matters pertaining to the secretary of state
50-17 in relation to elections; and>
50-18 <(5) the following state agencies: the State Board of
50-19 Canvassers and the Office of the Secretary of State.>
50-20 <Sec. 10. ENERGY. The committee shall have nine members,
50-21 with jurisdiction over all matters pertaining to:>
50-22 <(1) the conservation of the energy resources of
50-23 Texas;>
50-24 <(2) the production, regulation, transportation, and
50-25 development of oil, gas, and other energy resources;>
50-26 <(3) mining and the development of mineral deposits
50-27 within the state;>
51-1 <(4) pipelines, pipeline companies, and all others
51-2 operating as common carriers in the state;>
51-3 <(5) the following state agencies: the Texas Railroad
51-4 Commission, the Office of Interstate Oil Compact Commissioner for
51-5 Texas, the Office of Interstate Mining Compact Commissioner for
51-6 Texas, and the Office of Southern States Energy Board Member for
51-7 Texas.>
51-8 <Sec. 11. ENVIRONMENTAL AFFAIRS. The committee shall have
51-9 nine members, with jurisdiction over all matters pertaining to:>
51-10 <(1) air, land, and water pollution, including the
51-11 environmental regulation of industrial development;>
51-12 <(2) the creation, operation, and control of state
51-13 parks;>
51-14 <(3) the regulation and control of the propagation and
51-15 preservation of wildlife and fish in the state;>
51-16 <(4) hunting and fishing in the state, and the
51-17 regulation and control thereof;>
51-18 <(5) the development and regulation of the fish and
51-19 oyster industries of the state; and>
51-20 <(6) the following state agencies: the Texas Air
51-21 Control Board, the Texas Conservation Foundation, the Office of
51-22 Gulf States Marine Fisheries Compact Commissioner for Texas, the
51-23 Veterans' Land Board, the School Land Board, the Parks and Wildlife
51-24 Department, the Texas Low-Level Radioactive Waste Disposal
51-25 Authority, and the General Land Office.>
51-26 <Sec. 12. FINANCIAL INSTITUTIONS. The committee shall have
51-27 nine members, with jurisdiction over all matters pertaining to:>
52-1 <(1) banking and the state banking system;>
52-2 <(2) savings and loan associations;>
52-3 <(3) credit unions;>
52-4 <(4) the lending of money; and>
52-5 <(5) the following state agencies: the Finance
52-6 Commission of Texas, the Credit Union Department, the Office of
52-7 Consumer Credit Commissioner, the Office of Banking Commissioner,
52-8 the State Banking Board, the Banking Department of Texas, the
52-9 Savings and Loan Department of Texas, the Texas Treasury
52-10 Safekeeping Trust Company, and the Office of the State Treasurer.>
52-11 <Sec. 13. GENERAL INVESTIGATING COMMITTEE (PROCEDURAL). (a)
52-12 The General Investigating Committee consists of five members of the
52-13 house appointed by the speaker. The speaker shall appoint the
52-14 chair and the vice-chair of the committee.>
52-15 <(b) The general investigating committee has all the powers
52-16 and duties and shall operate according to the procedures prescribed
52-17 by Subchapter B, Chapter 301, Government Code, and the rules of the
52-18 house, as applicable.>
52-19 <Sec. 14. GOVERNMENT ORGANIZATION. (a) The committee shall
52-20 have nine members, with jurisdiction over all matters pertaining
52-21 to:>
52-22 <(1) the extension of state departments and agencies
52-23 under the provisions of Chapter 325, Government Code (Texas Sunset
52-24 Act);>
52-25 <(2) the organization, powers, regulations, and
52-26 management of those state departments, agencies, and advisory
52-27 committees being considered by the legislature under the provisions
53-1 of the Texas Sunset Act; and>
53-2 <(3) the Sunset Advisory Commission, including its
53-3 organization, powers, functions, and responsibilities.>
53-4 <(b) The committee shall study such matters as are assigned
53-5 to it by the speaker pertaining to the efficient and economical
53-6 operation of state government and its entities.>
53-7 <Sec. 15. HIGHER EDUCATION. The committee shall have nine
53-8 members, with jurisdiction over all matters pertaining to:>
53-9 <(1) education beyond high school;>
53-10 <(2) the colleges and universities of the State of
53-11 Texas; and>
53-12 <(3) the following state agencies: the Board for
53-13 Lease of University Lands, the Texas Engineering Experiment
53-14 Station, the Texas Engineering Extension Service, the Texas Higher
53-15 Education Coordinating Board, Texas University Systems, the Texas
53-16 Guaranteed Student Loan Corporation, the State Rural Medical
53-17 Education Board, and the Texas Transportation Institute.>
53-18 <Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
53-19 shall have nine members, with jurisdiction over:>
53-20 <(1) administrative operation of the house and its
53-21 employees;>
53-22 <(2) the general house fund, with full control over
53-23 all expenditures from the fund;>
53-24 <(3) all property, equipment, and supplies obtained by
53-25 the house for its use and the use of its members;>
53-26 <(4) all office space available for the use of the
53-27 house and its members;>
54-1 <(5) the assignment of vacant office space, vacant
54-2 parking spaces, and vacant desks on the house floor to members with
54-3 seniority based on cumulative years of service in the house, except
54-4 that the committee may make these assignments based on physical
54-5 disability of a member where it deems proper;>
54-6 <(6) all admissions to the floor during sessions of
54-7 the house;>
54-8 <(7) all proposals to invite nonmembers to appear
54-9 before or address the house or a joint session;>
54-10 <(8) all radio broadcasting and televising, live or
54-11 recorded, of sessions of the house;>
54-12 <(9) the electronic recording of the proceedings of
54-13 the house of representatives and the custody of the recordings of
54-14 testimony before house committees, with authority to promulgate
54-15 reasonable rules, regulations, and conditions concerning the
54-16 safekeeping, reproducing, transcribing, and the defraying of costs
54-17 for transcribing the recordings, subject to other provisions of
54-18 these rules; and>
54-19 <(10) all witnesses appearing before the house or any
54-20 committee thereof in support of or in opposition to any pending
54-21 legislative proposal.>
54-22 <Sec. 17. HUMAN SERVICES. The committee shall have nine
54-23 members, with jurisdiction over all matters pertaining to:>
54-24 <(1) welfare and rehabilitation programs and their
54-25 development, administration, and control; and>
54-26 <(2) the following state agencies: the Department on
54-27 Aging, the Council for Social Work Certification, the Texas
55-1 Committee on Purchases of Services of Blind and Severely Disabled
55-2 Persons, the Texas Commission for the Blind, the Texas Commission
55-3 for the Deaf, the Texas Department of Human Services, the Texas
55-4 Rehabilitation Commission, the Texas State Board of Examiners of
55-5 Professional Counselors, and the Texas Health and Human Services
55-6 Coordinating Council.>
55-7 <Sec. 18. INSURANCE. The committee shall have nine members,
55-8 with jurisdiction over all matters pertaining to:>
55-9 <(1) insurance and the insurance industry;>
55-10 <(2) all insurance companies and other organizations
55-11 of any type writing or issuing policies of insurance in the State
55-12 of Texas, including their organization, incorporation, management,
55-13 powers, and limitations; and>
55-14 <(3) the following state agency: the State Board of
55-15 Insurance.>
55-16 <Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
55-17 members, with jurisdiction over all matters pertaining to:>
55-18 <(1) civil law, including rights, duties, remedies,
55-19 and procedures thereunder;>
55-20 <(2) civil procedure in the courts of Texas;>
55-21 <(3) uniform state laws;>
55-22 <(4) creating, changing, or otherwise affecting courts
55-23 of judicial districts of the state;>
55-24 <(5) the State Bar of Texas;>
55-25 <(6) the Texas Judicial Council;>
55-26 <(7) the State Commission on Judicial Conduct;>
55-27 <(8) the organization, incorporation, management, and
56-1 regulation of private corporations and professional associations
56-2 and the Uniform Commercial Code and the Limited Partnership Act;>
56-3 <(9) the office of the attorney general, including its
56-4 organization, powers, functions, and responsibilities;>
56-5 <(10) administrative law and the adjudication of
56-6 rights by administrative agencies;>
56-7 <(11) permission to sue the state;>
56-8 <(12) courts and court procedures except where
56-9 jurisdiction is specifically granted to some other standing
56-10 committee; and>
56-11 <(13) the following state agencies: the Supreme
56-12 Court, the Courts of Appeals, the Court of Criminal Appeals, the
56-13 Commission on Judicial Conduct, the Office of Court Administration
56-14 of the Texas Judicial System, the State Law Library, the Texas
56-15 Judicial Council, the Office of the Attorney General, and the Board
56-16 of Law Examiners.>
56-17 <Sec. 20. JUDICIARY. The committee shall have nine members,
56-18 with jurisdiction over all matters pertaining to:>
56-19 <(1) civil law, including rights, duties, remedies,
56-20 and procedures thereunder;>
56-21 <(2) civil procedure in the courts of Texas;>
56-22 <(3) uniform state laws;>
56-23 <(4) creating, changing, or otherwise affecting courts
56-24 of judicial districts of the state;>
56-25 <(5) the State Bar of Texas;>
56-26 <(6) the Texas Judicial Council;>
56-27 <(7) the State Commission on Judicial Conduct;>
57-1 <(8) the organization, incorporation, management, and
57-2 regulation of private corporations and professional associations
57-3 and the Uniform Commercial Code and the Limited Partnership Act;>
57-4 <(9) the office of the attorney general, including its
57-5 organization, powers, functions, and responsibilities;>
57-6 <(10) administrative law and the adjudication of
57-7 rights by administrative agencies;>
57-8 <(11) permission to sue the state; and>
57-9 <(12) courts and court procedures except where
57-10 jurisdiction is specifically granted to some other standing
57-11 committee.>
57-12 <Sec. 21. LABOR AND EMPLOYMENT RELATIONS. The committee
57-13 shall have nine members, with jurisdiction over all matters
57-14 pertaining to:>
57-15 <(1) hours, wages, collective bargaining, and the
57-16 relationship between employers and employees;>
57-17 <(2) unemployment compensation, including coverage,
57-18 benefits, taxes, and eligibility;>
57-19 <(3) boiler inspection and safety standards and
57-20 regulation;>
57-21 <(4) manufactured housing construction and safety
57-22 standards and regulations;>
57-23 <(5) labor unions, their organization, control,
57-24 management, and administration;>
57-25 <(6) weights and measures; and>
57-26 <(7) the following state agency: the Texas Employment
57-27 Commission.>
58-1 <Sec. 22. LIQUOR REGULATION. The committee shall have nine
58-2 members, with jurisdiction over all matters pertaining to:>
58-3 <(1) regulation of the sale of intoxicating beverages
58-4 and local option control;>
58-5 <(2) the Alcoholic Beverage Code; and>
58-6 <(3) the following state agency: the Texas Alcoholic
58-7 Beverage Commission.>
58-8 <Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
58-9 committee shall have nine members, with jurisdiction over:>
58-10 <(1) the assignment to appropriate calendars of bills
58-11 and resolutions, which, in the opinion of the committee, are in
58-12 fact local or will be uncontested, and have been recommended as
58-13 such by the standing committee of original jurisdiction; and>
58-14 <(2) the determination of priorities for floor
58-15 consideration of bills and resolutions except those within the
58-16 jurisdiction of the Committee on Calendars.>
58-17 <Sec. 24. NATURAL RESOURCES. The committee shall have nine
58-18 members, with jurisdiction over all matters pertaining to:>
58-19 <(1) the conservation of the natural resources of
58-20 Texas;>
58-21 <(2) the control and development of land and water and
58-22 land and water resources, including the taking, storing, control,
58-23 and use of all water in the state, and its appropriation and
58-24 allocation;>
58-25 <(3) irrigation, irrigation companies, and irrigation
58-26 districts, and their incorporation, management, and powers;>
58-27 <(4) the development and preservation of forests, and
59-1 the regulation, control, and promotion of the lumber industry;>
59-2 <(5) the creation, modification, and regulation of
59-3 water supply districts, water control and improvement districts,
59-4 conservation and reclamation districts, and all similar organs of
59-5 local government dealing with water and water supply; and>
59-6 <(6) the following state agencies: the Office of
59-7 Canadian River Compact Commissioner for Texas, the Office of Pecos
59-8 River Compact Commissioner for Texas, the Office of Red River
59-9 Compact Commissioner for Texas, the Office of Rio Grande Compact
59-10 Commissioner for Texas, the Office of Sabine River Compact
59-11 Administrator for Texas, the Office of South Central Interstate
59-12 Forest Fire Protection Compact, the Multi-State Water Resources
59-13 Planning Commission, the Texas Water Commission, the Texas Water
59-14 Development Board, and the Texas Water Well Drillers Board.>
59-15 <Sec. 25. PUBLIC EDUCATION. The committee shall have nine
59-16 members, with jurisdiction over all matters pertaining to:>
59-17 <(1) the public schools and the public school system
59-18 of Texas;>
59-19 <(2) the state programming of elementary and secondary
59-20 education for the public school system of Texas;>
59-21 <(3) proposals to create, change, or otherwise alter
59-22 school districts of the state; and>
59-23 <(4) the following state agencies: the Advisory
59-24 Council for Technical-Vocational Education, the State Board of
59-25 Education, the Central Education Agency, the Office of Compact for
59-26 Education Commissioner for Texas, the State Textbook Committee, the
59-27 Office of Southern Regional Education Compact Commissioner for
60-1 Texas, the Teachers' Professional Practices Commission, and the
60-2 Commission on Standards for the Teaching Profession.>
60-3 <Sec. 26. PUBLIC HEALTH. The committee shall have nine
60-4 members, with jurisdiction over all matters pertaining to:>
60-5 <(1) the protection of public health, including
60-6 supervision and control of the practice of medicine and dentistry
60-7 and other allied health services;>
60-8 <(2) mental health and mental retardation and the
60-9 development of programs incident thereto;>
60-10 <(3) the prevention and treatment of mental illness
60-11 and mental retardation; and>
60-12 <(4) the following state agencies: the Texas
60-13 Department of Mental Health and Mental Retardation, the Texas
60-14 Commission on Alcohol and Drug Abuse, the Anatomical Board of the
60-15 State of Texas, the Texas Department of Health, the Texas Funeral
60-16 Service Commission, the Texas Board of Examiners in the Fitting and
60-17 Dispensing of Hearing Aids, the Board of Vocational Nurse
60-18 Examiners, the Texas Optometry Board, the Radiation Advisory Board,
60-19 the Texas State Board of Pharmacy, the Board of Nurse Examiners,
60-20 the Texas Board of Licensure for Nursing Home Administrators, the
60-21 Texas Board of Chiropractic Examiners, the Texas Board of Physical
60-22 Therapy Examiners, the Texas State Board of Podiatry Examiners, the
60-23 Texas State Board of Examiners of Psychologists, the State Board of
60-24 Dental Examiners, the Texas State Board of Medical Examiners, the
60-25 Advisory Board of Athletic Trainers, the Texas Board of Health, the
60-26 Dental Care Advisory Committee, the Dental Hygiene Advisory
60-27 Committee, the Hospital Advisory Council, the Hospital Licensing
61-1 Advisory Council, the Sanitarian Advisory Committee, the State
61-2 Board of Barber Examiners, the Texas Cosmetology Commission, the
61-3 Interagency Council on Early Childhood Intervention, the Texas
61-4 Cancer Council, and the Texas Hospital Equipment Financing Council.>
61-5 <Sec. 27. PUBLIC SAFETY. The committee shall have nine
61-6 members, with jurisdiction over all matters pertaining to:>
61-7 <(1) public safety and emergency preparedness,
61-8 enforcement, and development;>
61-9 <(2) the prevention of crime and the apprehension of
61-10 criminals;>
61-11 <(3) the provision of security services by private
61-12 entities; and>
61-13 <(4) the following state agencies: the Commission on
61-14 Law Enforcement Officer Standards and Education, the Department
61-15 of Public Safety, the Polygraph Examiners Board, the Texas Board of
61-16 Private Investigators and Private Security Agencies, and the Crime
61-17 Stoppers Advisory Council.>
61-18 <Sec. 28. REDISTRICTING (PROCEDURAL). The committee shall
61-19 have 15 members, with jurisdiction over all matters pertaining to:>
61-20 <(1) legislative districts, both house and senate, and
61-21 any changes or amendments;>
61-22 <(2) congressional districts, their creation, and any
61-23 changes or amendments;>
61-24 <(3) establishing districts for the election of
61-25 judicial officers or of governing bodies or representatives of
61-26 political subdivisions or state agencies as required by law; and>
61-27 <(4) preparations for the redistricting process.>
62-1 <Sec. 29. RETIREMENT AND AGING. The committee shall have
62-2 nine members, with jurisdiction over all matters pertaining to:>
62-3 <(1) aging and the development of programs affecting
62-4 senior citizens of the state;>
62-5 <(2) nursing homes and their regulation;>
62-6 <(3) benefits or participation in benefits of a public
62-7 retirement system and the financial obligations of a public
62-8 retirement system;>
62-9 <(4) development of talent pools and volunteer
62-10 programs to maximize utilization of this precious human resource;
62-11 and>
62-12 <(5) the following state agencies: the Office of
62-13 Firemen's Pension Commissioner, the State Board of Trustees of the
62-14 Teacher Retirement System, the State Board of Trustees of the
62-15 Employees Retirement System, the Home Health Services Advisory
62-16 Council, the Board of Trustees of the Texas County and District
62-17 Retirement System, the Board of Trustees of the Texas Municipal
62-18 Retirement System, and the State Pension Review Board.>
62-19 <Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
62-20 shall have nine members, with jurisdiction over:>
62-21 <(1) Rules of Procedure of the House of
62-22 Representatives, and all proposed amendments;>
62-23 <(2) Joint Rules of the House and Senate, and all
62-24 proposed amendments;>
62-25 <(3) all procedures for expediting the business of the
62-26 house in an orderly and efficient manner;>
62-27 <(4) all resolutions to congratulate, memorialize, and
63-1 name mascots of the house; and>
63-2 <(5) other matters concerning rules, procedures, and
63-3 operation of the house assigned by the speaker.>
63-4 <Sec. 31. SCIENCE AND TECHNOLOGY. The committee shall have
63-5 nine members, with jurisdiction over:>
63-6 <(1) matters relating to access of the legislative
63-7 branch to scientific and technological information;>
63-8 <(2) bills and resolutions relating to advances in
63-9 science and technology, including telecommunications, electronic
63-10 business technology, and automated data processing;>
63-11 <(3) bills and resolutions relating to the promotion
63-12 of scientific research, technological development, and technology
63-13 transfer in the state;>
63-14 <(4) matters relating to cooperation of state and
63-15 local governments with the scientific and technological community,
63-16 which includes industry, the universities, and federal governmental
63-17 laboratories; and>
63-18 <(5) the following state agencies: the Department of
63-19 Information Resources, the Texas National Research Laboratory
63-20 Commission, and the FIRST Committee (the Faculty Information and
63-21 Research Service for Texas).>
63-22 <Sec. 32. STATE AFFAIRS. The committee shall have 13
63-23 members, with jurisdiction over all matters pertaining to:>
63-24 <(1) questions and matters of state policy;>
63-25 <(2) the administration of state government;>
63-26 <(3) the organization, powers, regulation, and
63-27 management of state departments and agencies;>
64-1 <(4) the operation and regulation of public lands and
64-2 state buildings;>
64-3 <(5) the organization, regulation, operation, and
64-4 management of state institutions;>
64-5 <(6) the duties of officers and employees of the
64-6 state government;>
64-7 <(7) the various branches of the military service of
64-8 the United States;>
64-9 <(8) the defense of the state and nation;>
64-10 <(9) veterans of military and related services;>
64-11 <(10) the operation of state government and its
64-12 agencies and departments; all of above except where jurisdiction is
64-13 specifically granted to some other standing committee;>
64-14 <(11) the regulation of public utilities; and>
64-15 <(12) the following state agencies: the Council of
64-16 State Governments, the National Conference of State Legislatures,
64-17 the Texas Advisory Commission on Intergovernmental Relations, the
64-18 Human Rights Commission, the Texas Public Finance Authority, the
64-19 Texas Bond Review Board, the Office of Public Utility Counsel, the
64-20 Board for Lease of Texas Prison Lands, the Division of Emergency
64-21 Management, the Governor's Office, the Texas Surplus Property
64-22 Agency, the State Purchasing and General Services Commission, the
64-23 Texas National Guard Armory Board, the Texas Commission on
64-24 Licensing and Standards, the Adjutant General's Department, the
64-25 Public Utility Commission of Texas, the Texas Veterans Commission,
64-26 the State Aircraft Pooling Board, the State Conservatorship Board,
64-27 the Emergency Management Council, the State Employee Incentive
65-1 Commission, and the Productivity Bonus Commission.>
65-2 <Sec. 33. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
65-3 committee shall have nine members, with jurisdiction over all
65-4 matters pertaining to:>
65-5 <(1) commerce and trade;>
65-6 <(2) the relations between the State of Texas and the
65-7 federal government including federal funding issues;>
65-8 <(3) the relations between the State of Texas and
65-9 other sovereign states of the United States;>
65-10 <(4) the relations between the State of Texas and
65-11 other nations;>
65-12 <(5) international trade, economic development,
65-13 tourist development, and goodwill; and>
65-14 <(6) the following state agencies: the Office of
65-15 State-Federal Relations, the Central Office of Federal Funds
65-16 Management, and the Good Neighbor Commission.>
65-17 <Sec. 34. TRANSPORTATION. The committee shall have nine
65-18 members, with jurisdiction over all matters pertaining to:>
65-19 <(1) commercial motor vehicles, both bus and truck,
65-20 their control, regulation, licensing, and operation;>
65-21 <(2) the Texas highway system, including all roads,
65-22 bridges, and ferries constituting a part of the system;>
65-23 <(3) the licensing of private passenger vehicles to
65-24 operate on the roads and highways of the state;>
65-25 <(4) the regulation and control of traffic on the
65-26 public highways of the State of Texas;>
65-27 <(5) railroads, street railway lines, interurban
66-1 railway lines, steamship companies, and express companies;>
66-2 <(6) airports, air traffic, airlines, and other
66-3 organizations engaged in transportation by means of aerial flight;>
66-4 <(7) water transportation in the State of Texas, and
66-5 the rivers, harbors, and related facilities used in water
66-6 transportation and the agencies of government exercising
66-7 supervision and control thereover; and>
66-8 <(8) the following state agencies: the State
66-9 Department of Highways and Public Transportation, the Texas Motor
66-10 Vehicle Commission, the Texas Turnpike Authority, and the Texas
66-11 Department of Aviation.>
66-12 <Sec. 35. URBAN AFFAIRS. The committee shall have 11
66-13 members, with jurisdiction over all matters pertaining to:>
66-14 <(1) cities, municipalities, and town corporations,
66-15 including their creation, organization, powers, government, and
66-16 finance, and the compensation and duties of their officers and
66-17 employees;>
66-18 <(2) home-rule cities, their relationship to the
66-19 state, and their powers, authority, and limitations;>
66-20 <(3) the creation or change of metropolitan areas and
66-21 the form of government under which those areas operate;>
66-22 <(4) other units of local government not otherwise
66-23 assigned by these rules to other standing committees;>
66-24 <(5) establishing districts for the election of
66-25 governing bodies of cities; and>
66-26 <(6) the following state agencies: the Texas Racing
66-27 Commission, the Texas Department of Community Affairs, the Texas
67-1 Housing Agency, and the Commission on Fire Protection Personnel
67-2 Standards and Education.>
67-3 <Sec. 36. WAYS AND MEANS. The committee shall have 13
67-4 members, with jurisdiction over:>
67-5 <(1) all bills and resolutions proposing to raise
67-6 revenue;>
67-7 <(2) all bills or resolutions proposing to levy taxes
67-8 or other fees;>
67-9 <(3) all proposals to modify, amend, or change any
67-10 existing tax or revenue statute;>
67-11 <(4) all proposals to regulate the manner of
67-12 collection of state revenues and taxes;>
67-13 <(5) all bills and resolutions containing provisions
67-14 resulting in automatic allocation of funds from the state
67-15 treasury;>
67-16 <(6) all bills and resolutions diverting funds from
67-17 the state treasury or preventing funds from going in which
67-18 otherwise would be placed in the state treasury;>
67-19 <(7) all bills and resolutions proposing to levy taxes
67-20 or raise revenue for all units of government and regulating the
67-21 collection thereof;>
67-22 <(8) all bills and resolutions relating to the
67-23 Property Tax Code; and>
67-24 <(9) the following state agencies: the State Property
67-25 Tax Board, the Office of Multistate Tax Compact Commissioner for
67-26 Texas, the State Comptroller of Public Accounts, and the Board of
67-27 Tax Professional Examiners.>
68-1 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
68-2 CHAPTER A. ORGANIZATION
68-3 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
68-4 committees of the house, and the number of members and general
68-5 jurisdiction of each, shall be as enumerated in Rule 3.
68-6 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
68-7 standing committees shall be determined at the beginning of each
68-8 regular session in the following manner:
68-9 (1) A maximum of one-half of the membership on each
68-10 standing substantive committee, exclusive of the chair and
68-11 vice-chair, shall be determined by seniority. The remaining
68-12 membership of the committee shall be appointed by the speaker.
68-13 (2) Each member of the house, in order of seniority,
68-14 may designate three committees on which he or she desires to serve,
68-15 listed in order of preference. The member is entitled to become a
68-16 member of the committee of his or her highest preference on which
68-17 there remains a vacant seniority position.
68-18 (3) If members of equal seniority request the same
68-19 committee, the speaker shall appoint the member from among those
68-20 requesting that committee. Seniority, as the term is used in this
68-21 subsection, shall mean years of cumulative service as a member of
68-22 the house of representatives.
68-23 (4) After each member of the house has selected one
68-24 committee on the basis of seniority, the remaining membership on
68-25 each standing committee shall be filled by appointment of the
68-26 speaker, subject to the limitations imposed in this chapter.
68-27 (5) Seniority shall not apply to a procedural
69-1 committee. For purposes of these rules, the procedural committees
69-2 are the Committee on Calendars, the Committee on Local and Consent
69-3 Calendars, the Committee on Rules and Resolutions, the General
69-4 Investigating Committee, the Committee on House Administration, and
69-5 the Committee on Redistricting. The entire membership of these
69-6 committees shall be appointed by the speaker.
69-7 (6) <Seniority shall not apply to the Committee on
69-8 Appropriations, which consists of the chair and vice-chair
69-9 appointed by the speaker and the chair for Budget and Oversight of
69-10 each substantive committee, except that the following substantive
69-11 committees shall not have a chair for Budget and Oversight: County
69-12 Affairs; Criminal Jurisprudence; Government Organization;
69-13 Judiciary; Retirement and Aging; Science and Technology; State,
69-14 Federal, and International Relations; and Urban Affairs.>
69-15 <(7)> In announcing the membership of committees, the
69-16 speaker shall designate those appointed by the speaker and those
69-17 acquiring membership by seniority.
69-18 (7) <(8)> The speaker shall designate the chair and
69-19 vice-chair from the total membership of the committee.
69-20 (b) In the event of an election contest that is not resolved
69-21 prior to the determination of the membership of standing
69-22 committees, the representative of the district that is the subject
69-23 of the contest is not entitled to select a committee on the basis
69-24 of seniority. Committee appointments on behalf of that district
69-25 shall be designated by the district number.
69-26 (c) In the event of a vacancy in a representative district
69-27 that has not been filled at the time of the determination of the
70-1 membership of standing committees, the representative of the
70-2 district who fills that vacancy shall not be entitled to select a
70-3 committee on the basis of seniority. Committee appointments on
70-4 behalf of that district shall be designated by the district
70-5 number.
70-6 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
70-7 and vice-chair, members of a standing committee shall rank
70-8 according to their seniority.
70-9 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
70-10 is subject to the following restrictions:
70-11 (1) No member shall serve concurrently on more than
70-12 two standing substantive committees.
70-13 (2) A member serving as chair of the Committee on
70-14 Appropriations, the Committee on Ways and Means, or the Committee
70-15 on State Affairs may not serve on any other substantive committee.
70-16 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
70-17 occur on a standing committee subsequent to its organization, the
70-18 speaker shall appoint an eligible member to fill the vacancy.
70-19 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
70-20 shall:
70-21 (1) be responsible for the effective conduct of the
70-22 business of the committee;
70-23 (2) appoint all subcommittees and determine the number
70-24 of members to serve on each subcommittee<, except as provided in
70-25 Rule 9, Section 7>;
70-26 (3) in consultation with members of the committee,
70-27 schedule the work of the committee and determine the order in which
71-1 the committee shall consider and act on bills, resolutions, and
71-2 other matters referred to the committee;
71-3 (4) have authority to employ and discharge the staff
71-4 and employees authorized for the committee and have supervision and
71-5 control over all the staff and employees;
71-6 (5) direct the preparation of all committee reports.
71-7 No committee report shall be official until signed by the chair of
71-8 the committee, or by the person acting as chair, or by a majority
71-9 of the membership of the committee;
71-10 (6) determine the necessity for public hearings,
71-11 schedule hearings, and be responsible for posting notice of
71-12 hearings as required by the rules;
71-13 (7) preside at all meetings of the committee and
71-14 control its deliberations and activities in accordance with
71-15 acceptable parliamentary procedure; and
71-16 (8) have authority to direct the sergeant-at-arms to
71-17 assist, where necessary, in enforcing the will of the committee.
71-18 <Sec. 7. COMMITTEE STAFF. Each committee shall be provided
71-19 committee staff, clerical assistance, and other personnel as
71-20 approved by the Committee on House Administration. Interim staff
71-21 and other personnel may be provided to committees by the same
71-22 procedure, and provision therefor may be included in the resolution
71-23 passed each session governing interim operations of the house.>
71-24 Sec. 7 <8>. BILL ANALYSES. In addition to other duties that
71-25 may be assigned by the chair, <and when considered necessary by the
71-26 chair,> the staff of each standing committee shall be responsible
71-27 for providing <the preparation of> an analysis of each bill or
72-1 joint resolution referred to the committee and for distributing
72-2 <distribution of> copies of the analysis to each member of the
72-3 committee, in advance of any committee consideration <hearing>
72-4 scheduled thereon. The chair of the committee may request the
72-5 author or sponsor of a bill or joint resolution to provide the
72-6 committee with the analysis required by this section. If not
72-7 obtained from the author or sponsor, the analysis <analyses><and>
72-9 shall be approved by the chair as to form and content before
72-10 distribution to other members of the committee.
72-11 CHAPTER B. PROCEDURE
72-12 Sec. 8 <9>. MEETINGS. (a) As soon as practicable after
72-13 standing committees are constituted and organized, <the committee
72-14 coordinator, under the direction of> the Committee on House
72-15 Administration<,> shall prepare a schedule for regular meetings of
72-16 all standing committees. This schedule shall be published in the
72-17 house journal and posted in a convenient and conspicuous place near
72-18 the entrance to the house and on other posting boards for committee
72-19 meeting notices, as determined necessary by the Committee on House
72-20 Administration.
72-21 To the extent practicable during each regular session,
72-22 standing committees shall conduct regular committee meetings in
72-23 accordance with the schedule of meetings prepared by the <committee
72-24 coordinator, under the direction of the> Committee on House
72-25 Administration.
72-26 (b) Standing committees shall meet at other times as may be
72-27 determined by the committee, or as may be called by the chair.
73-1 Subcommittees of standing committees shall likewise meet at other
73-2 times as may be determined by the committee, or as may be called by
73-3 the chair of the committee or subcommittee.
73-4 Committees shall also meet in such places and at such times
73-5 as the speaker may designate.
73-6 Sec. 9 <10>. MEETING WHILE HOUSE IN SESSION. No standing
73-7 committee or subcommittee shall meet during the time the house is
73-8 in session without permission being given by a majority vote of the
73-9 house<, except that the procedural committees are authorized to
73-10 meet at any time>. No standing committee or subcommittee shall
73-11 conduct its meeting on the floor of the house or in the house
73-12 chamber while the house is in session, but shall, if given
73-13 permission to meet while the house is in session, retire to a
73-14 designated committee room for the conduct of its meeting.
73-15 Sec. 10 <11>. PURPOSES FOR MEETING. A committee or a
73-16 subcommittee may be assembled for:
73-17 (1) a public hearing where testimony is to be heard,
73-18 and where official action may be taken, on bills, resolutions, or
73-19 other matters;
73-20 (2) a formal meeting where the committee may discuss
73-21 and take official action on bills, resolutions, or other matters
73-22 without testimony; and
73-23 (3) a work session where the committee may discuss
73-24 bills, resolutions, or other matters but take no formal action.
73-25 Sec. 11 <12>. POSTING NOTICE. (a) No committee or
73-26 subcommittee, including a calendars committee, shall assemble for
73-27 the purpose of a public hearing during a regular session unless
74-1 notice of the hearing has been posted in accordance with the rules
74-2 at least five calendar days in advance of the hearing. No
74-3 committee or subcommittee, including a calendars committee, shall
74-4 assemble for the purpose of a public hearing during a special
74-5 session unless notice of the hearing has been posted in accordance
74-6 with the rules at least 24 hours in advance of the hearing. The
74-7 committee minutes shall reflect the date of each posting of notice.
74-8 Notice shall not be required for a public hearing on a senate bill
74-9 which is substantially the same as a house bill that has previously
74-10 been the subject of a duly posted public hearing by the committee.
74-11 (b) No committee or subcommittee, including a calendars
74-12 committee, shall assemble for the purpose of a formal meeting or
74-13 work session during a regular or special session unless written
74-14 notice has been posted and transmitted to each member of the
74-15 committee two hours in advance of the meeting or an announcement
74-16 has been filed with the journal clerk and read by the reading clerk
74-17 while the house is in session.
74-18 (c) All committees meeting during the interim for the
74-19 purpose of a formal meeting, work session, or public hearing shall
74-20 post notice in accordance with the rules and notify members of the
74-21 committee at least five calendar days in advance of the meeting.
74-22 Sec. 12 <13>. MEETINGS OPEN TO THE PUBLIC. All meetings of
74-23 a committee or subcommittee, including a calendars committee, shall
74-24 be open to other members, the press, and the public unless
74-25 specifically provided otherwise by resolution adopted by the house.
74-26 However, the general investigating committee or a committee
74-27 considering an impeachment, an address, the punishment of a member
75-1 of the house, or any other matter of a quasi-judicial nature may
75-2 meet in executive session for the limited purpose of examining a
75-3 witness or deliberating, considering, or debating a decision, but
75-4 no decision may be made or voted on except in a meeting that is
75-5 open to the public and otherwise in compliance with the rules of
75-6 the house.
75-7 Sec. 13 <14>. RULES GOVERNING OPERATIONS. (a) The Rules of
75-8 Procedure of the House of Representatives, and to the extent
75-9 applicable, the rules of evidence and procedure in the civil courts
75-10 of Texas, shall govern the hearings and operations of each
75-11 committee, including a calendars committee. Subject to the
75-12 foregoing, and to the extent necessary for orderly transaction of
75-13 business, each committee may promulgate and adopt additional rules
75-14 and procedures by which it will function.
75-15 (b) No standing committee, including a calendars committee,
75-16 or any subcommittee, shall adopt any rule of procedure, including
75-17 but not limited to an automatic subcommittee rule, which will have
75-18 the effect of thwarting the will of the majority of the committee
75-19 or subcommittee or denying the committee or subcommittee the right
75-20 to ultimately dispose of any pending matter by action of a majority
75-21 of the committee or subcommittee. A bill or resolution may not be
75-22 laid on the table subject to call in committee without a majority
75-23 vote of the committee.
75-24 Sec. 14 <15>. APPEALS FROM RULINGS OF THE CHAIR. Appeals
75-25 from rulings of the chair of a committee shall be in order if
75-26 seconded by three members of the committee, which may include the
75-27 member making the appeal. Procedure in committee following an
76-1 appeal which has been seconded shall be the same as the procedure
76-2 followed in the house in a similar situation.
76-3 Sec. 15 <16>. PREVIOUS QUESTION. Before the previous
76-4 question can be ordered in a committee, the motion therefor must be
76-5 seconded by not less than 4 members of a committee consisting of 21
76-6 or more members, 3 members of a committee consisting of less than
76-7 21 members and more than 10 members, or 2 members of a committee
76-8 consisting of 10 members or less. If the motion is properly
76-9 seconded and ordered by a majority vote of the committee, further
76-10 debate on the proposition under consideration shall be terminated,
76-11 and the proposition shall be immediately put to a vote of the
76-12 committee for its action.
76-13 Sec. 16 <17>. QUORUM. A majority of a committee shall
76-14 constitute a quorum. No action or recommendation of a committee
76-15 shall be valid unless taken at a meeting of the committee with a
76-16 quorum actually present, and the committee minutes shall reflect
76-17 the names of those members of the committee who were actually
76-18 present. No committee report shall be made to the house nor shall
76-19 bills or resolutions be placed on a calendar unless ordered by a
76-20 majority of the membership of the committee, except as otherwise
76-21 provided in the rules, and a quorum of the committee must be
76-22 present when the vote is taken on reporting a bill or resolution,
76-23 on placing bills or resolutions on a calendar, or on taking any
76-24 other formal action within the authority of the committee. No
76-25 committee report shall be made nor shall bills or resolutions be
76-26 placed on a calendar except by record vote of the members of the
76-27 committee, with the yeas and nays to be recorded in the minutes of
77-1 the committee. Proxies cannot be used in committees.
77-2 Sec. 17 <18>. MOVING A CALL OF A COMMITTEE. (a) It shall
77-3 be in order to move a call of a committee at any time to secure and
77-4 maintain a quorum for any one or more of the following purposes:
77-5 (1) for the consideration of a specific bill,
77-6 resolution, or other matter;
77-7 (2) for a definite period of time; or
77-8 (3) for the consideration of any designated class of
77-9 bills or other matters.
77-10 (b) When a call of a committee is moved for one or more of
77-11 the foregoing purposes and seconded by two members, one of whom may
77-12 be the chair, and is ordered by a majority of the members present,
77-13 no member shall thereafter be permitted to leave the committee
77-14 meeting without written permission from the chair. After the call
77-15 is ordered, and in the absence of a quorum, the chair shall have
77-16 the authority to authorize the sergeant-at-arms to locate absent
77-17 members of the committee and to compel their attendance for the
77-18 duration of the call.
77-19 Sec. 18 <19>. MINUTES OF PROCEEDINGS. (a) For each
77-20 committee, including a calendars committee, the <The> chair, or the
77-21 member acting as chair, shall keep complete minutes of the
77-22 proceedings in committee, which shall include:
77-23 (1) the time and place of each meeting of the
77-24 committee;
77-25 (2) a roll call to determine the members present at
77-26 each meeting of the committee, whether that meeting follows an
77-27 adjournment or a recess from a previous committee meeting;
78-1 (3) an accurate record of all votes taken, including a
78-2 listing of the yeas and nays cast on a record vote;
78-3 (4) the date of posting of notice of the meeting; and
78-4 (5) other information that the chair shall
78-5 determine.
78-6 (b) Committee minutes shall be corrected only at the
78-7 direction of the chair as authorized by a majority vote of the
78-8 committee. Duplicate originals of committee minutes shall be
78-9 maintained, one to remain with the committee chair and the other to
78-10 be filed with the chief clerk <office of the house committee
78-11 coordinator,> within three <five> days of the committee meeting for
78-12 a substantive committee, and within one day of the committee
78-13 meeting for a procedural committee, except that if the date on
78-14 which the committee minutes are due <fifth day> occurs on a
78-15 Saturday, Sunday, or holiday on which the house is not in session,
78-16 the committee minutes shall be filed on the following working day.
78-17 The duplicate originals shall be available at all reasonable
78-18 business hours for inspection by members or the public.
78-19 (c) The chief clerk <committee coordinator> shall maintain
78-20 the minutes and records safe from loss, destruction, and alteration
78-21 at all times, and may, at any time, turn them, or any portion, over
78-22 to the Committee on House Administration.
78-23 Sec. 19 <20>. RECORDING OF TESTIMONY. All testimony before
78-24 committees and subcommittees shall be electronically recorded under
78-25 the direction of the Committee on House Administration. Copies of
78-26 the testimony may be released under guidelines promulgated by the
78-27 Committee on House Administration.
79-1 Sec. 20 <21>. SWORN STATEMENT OF WITNESSES. (a) The chief
79-2 clerk <committee coordinator>, under the direction of the Committee
79-3 on House Administration, shall prescribe the form of a sworn
79-4 statement to be executed by all persons other than members
79-5 appearing before committees. The statement shall provide for
79-6 showing:
79-7 (1) the committee or subcommittee;
79-8 (2) the name, home address, business address, and
79-9 telephone number of the person appearing;
79-10 (3) the person, firm, corporation, class, or group
79-11 represented;
79-12 (4) the type of business, profession, or occupation of
79-13 the person or entity represented;
79-14 (5) the business address of the person or entity
79-15 represented; and
79-16 (6) the matter before the committee on which the
79-17 person is appearing and whether for or against the matter.
79-18 (b) No person shall appear in favor of or opposition to a
79-19 matter before a committee until the sworn statement has been filed
79-20 with the chair of the committee.
79-21 (c) Sworn statements shall accompany the copy of the minutes
79-22 of the meeting filed with the chief clerk <house committee
79-23 coordinator>.
79-24 (d) All persons, other than members, appearing before
79-25 committees shall give their testimony under oath, and each
79-26 committee may avail itself of additional powers and prerogatives
79-27 authorized by law.
80-1 Sec. 21 <22>. POWER TO ISSUE PROCESS. By a record vote of
80-2 not less than two-thirds of those present and voting, a quorum
80-3 being present, each standing committee shall have the power and
80-4 authority to issue process to witnesses at any place in the State
80-5 of Texas, to compel their attendance, and to compel the production
80-6 of all books, records, and instruments. If necessary to obtain
80-7 compliance with subpoenas or other process, the committee shall
80-8 have the power to issue writs of attachment. All process issued by
80-9 the committee may be addressed to and served by an agent of the
80-10 committee or <either> a sergeant-at-arms appointed by the committee
80-11 or by any peace officer of the State of Texas. The committee shall
80-12 also have the power to cite and have prosecuted for contempt, in
80-13 the manner provided by law, anyone disobeying the subpoenas or
80-14 other process lawfully issued by the committee. The chair of the
80-15 committee shall issue, in the name of the committee, the subpoenas
80-16 and other process as the committee may direct.
80-17 Sec. 22 <23>. MILEAGE AND PER DIEM FOR WITNESSES. Subject
80-18 to prior approval by the Committee on House Administration,
80-19 witnesses attending proceedings of any committee under process of
80-20 the committee shall be allowed the same mileage and per diem as are
80-21 allowed members of the committee when in a travel status, to be
80-22 paid out of the contingent expense fund of the house of
80-23 representatives on vouchers approved by the chair of the committee,
80-24 the chair of the Committee on House Administration, and the speaker
80-25 of the house.
80-26 Sec. 23 <24>. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
80-27 Each committee is authorized to request the assistance, when
81-1 needed, of all state departments, agencies, and offices, and it
81-2 shall be the duty of the departments, agencies, and offices to
81-3 assist the committee when requested to do so. Each committee shall
81-4 have the power and authority to inspect the records, documents, and
81-5 files of every state department, agency, and office, to the extent
81-6 necessary to the discharge of its duties within the area of its
81-7 jurisdiction.
81-8 CHAPTER C. COMMITTEE FUNCTIONS
81-9 Sec. 24 <25>. INTERIM <AND SPECIAL> STUDIES. Standing
81-10 committees, en banc or by subcommittees, are hereby authorized to
81-11 conduct studies that are authorized by the speaker pursuant to Rule
81-12 1, Section 17 <19>. Studies may not be authorized by resolution.
81-13 The speaker may appoint public citizens and officials of state and
81-14 local governments to standing committees to augment the membership
81-15 for the purpose of interim studies and shall provide a list of such
81-16 appointments to the chief clerk. The chair of the standing
81-17 committee shall have authority to name the subcommittees necessary
81-18 and desirable for the conduct of the interim studies and shall also
81-19 prepare a budget for interim studies for approval by the Committee
81-20 on House Administration.
81-21 Sec. 25 <26>. MOTION PREVENTING REPORTING OR PLACEMENT ON A
81-22 CALENDAR. No motion is in order in a committee considering a bill,
81-23 resolution, or other matter that would prevent the committee from
81-24 reporting it back to the house or placing it on a calendar in
81-25 accordance with the Rules of the House.
81-26 Sec. 26 <27>. FINAL ACTION IN FORM OF REPORT. No action by
81-27 a committee on bills or resolutions referred to it shall be
82-1 considered as final unless it is in the form of a favorable report,
82-2 an unfavorable report, or a report of inability to recommend a
82-3 course of action.
82-4 Sec. 27 <28>. VOTE ON MOTION TO REPORT. Motions made in
82-5 committee to report favorably or unfavorably must receive
82-6 affirmative majority votes, majority negative votes to either
82-7 motion being insufficient to report. If a committee is unable to
82-8 agree on a recommendation for action, as in the case of a tie vote,
82-9 it should submit a statement of this fact as its report, and the
82-10 house shall decide, by a majority vote, the disposition of the
82-11 matter by one of the following alternatives:
82-12 (1) leave the bill in the committee for further
82-13 consideration;
82-14 (2) refer the bill to some other committee; or
82-15 (3) order the bill printed, in which case the bill
82-16 shall go to the Committee on Calendars for placement on <assignment
82-17 to> a calendar and for proposal <application> of an appropriate
82-18 rule for house consideration.
82-19 Sec. 28 <29>. MINORITY REPORTS. The report of a minority of
82-20 a committee shall be made in the same general form as a majority
82-21 report. No minority report shall be recognized by the house unless
82-22 it has been signed by not less than 4 members of a committee
82-23 consisting of 21 or more members, 3 members of a committee
82-24 consisting of less than 21 members and more than 10 members, or 2
82-25 members of a committee consisting of 10 or less members. Only
82-26 members who were present when the vote was taken on the bill,
82-27 resolution, or other matter being reported, and who voted on the
83-1 losing side, may sign a minority report. Notice of intention to
83-2 file a minority report shall be given to the assembled committee
83-3 after the vote on the bill, resolution, or other matter, and before
83-4 the recess or adjournment of the committee, provided ample
83-5 opportunity is afforded for the giving of notice; otherwise, notice
83-6 may be given in writing to the chief clerk within 24 hours after
83-7 the recess or adjournment of the committee.
83-8 Sec. 29 <30>. ACTION ON BILLS REPORTED UNFAVORABLY. If the
83-9 majority report on a bill is unfavorable, and a favorable minority
83-10 report is not signed in accordance with Section 28 <29> of this
83-11 rule and filed with the chief clerk within two calendar days,
83-12 exclusive of Sunday and the date of committee action, the chief
83-13 clerk shall file the bill away as dead; except during the last 15
83-14 calendar days of a regular session, or the last 7 calendar days of
83-15 a special session, when the chief clerk shall hold a bill only one
83-16 calendar day, exclusive of Sunday and the date of committee action,
83-17 awaiting the filing of a minority report before the bill is filed
83-18 away as dead. If the favorable minority report is properly signed
83-19 and filed, the chief clerk shall hold the bill for five legislative
83-20 days, exclusive of the legislative day in which the minority report
83-21 was filed, awaiting adoption by the house of a motion to print the
83-22 bill on minority report. If the motion to print is carried, the
83-23 bill shall be printed as if it had been reported favorably<, and
83-24 shall immediately be referred to the house committee coordinator
83-25 for compliance with Section 42 of this rule>, and shall then be
83-26 immediately forwarded to the Committee on Calendars for placement
83-27 on <assignment to> a calendar and for proposal <determination> of
84-1 an appropriate rule for house consideration. If a motion to print
84-2 a bill on minority report is not made within the five legislative
84-3 days authorized above, the chief clerk shall file the bill away as
84-4 dead. It shall not be in order to move to recommit a bill
84-5 adversely reported with no minority report, except as provided in
84-6 Section 30 <31> of this rule. A two-thirds vote of the house shall
84-7 be required to print on minority report a joint resolution
84-8 proposing an amendment to the Constitution of Texas.
84-9 Sec. 30 <31>. MAKING ADVERSE REPORTS WITHOUT HEARING THE
84-10 AUTHOR. No adverse report shall be made on any bill or resolution
84-11 by any committee without first giving the author or sponsor of the
84-12 bill an opportunity to be heard. If it becomes evident to the
84-13 house that a bill has been reported adversely without the author or
84-14 sponsor having had an opportunity to be heard as provided in this
84-15 section, the house may, by a majority vote, order the bill
84-16 recommitted even though no minority report was filed in the manner
84-17 prescribed by the rules. This provision shall have precedence over
84-18 Rule 7, Section 20.
84-19 Sec. 31 <32>. ADVERSE REPORTS ON LOCAL BILLS. If a local
84-20 bill is reported adversely, it shall be subject to the same rules
84-21 that govern other bills reported adversely.
84-22 Sec. 32 <33>. FORM OF REPORTS. (a) Reports of standing
84-23 committees on bills and resolutions shall be made in duplicate,
84-24 with one copy to be filed with the journal clerk for printing in
84-25 the journal and the other to accompany the original bill.
84-26 (b) All committee reports must be in writing<, be endorsed
84-27 by the committee coordinator, or the committee coordinator's
85-1 designee,> and shall:
85-2 (1) be signed by the chair, or the member acting as
85-3 chair, or a majority of the membership of the committee;
85-4 (2) be addressed to the speaker;
85-5 (3) contain a statement of the recommendations of the
85-6 committee with reference to the matter which is the subject of the
85-7 report;
85-8 (4) contain the date the committee made its
85-9 recommendation;
85-10 (5) include the fact that a copy of a bill or
85-11 resolution was forwarded to the Legislative Budget Board for
85-12 preparation of a fiscal note, a criminal justice policy impact
85-13 statement, or an equalized education funding impact statement, if
85-14 applicable;
85-15 (6) contain the record vote by which the report was
85-16 adopted, including the vote of each member of the committee;
85-17 (7) contain the recommendation that the bill or
85-18 resolution be sent to the Committee on Local and Consent Calendars
85-19 for placement on <assignment to> an appropriate calendar if
85-20 applicable;
85-21 (8) state the name of the house sponsor of all senate
85-22 bills and resolutions;
85-23 (9) <state whether the bill or resolution proposes new
85-24 law or amends existing law;>
85-25 <(10)> include the fact that a copy of a bill or
85-26 resolution was forwarded to the State Pension Review Board for
85-27 preparation of an actuarial impact statement <analysis> if
86-1 applicable; and
86-2 (10) <(11)> include the fact that a copy of the bill
86-3 was forwarded to the Texas Water Development Board and the Texas
86-4 Water Commission for preparation of a water development policy
86-5 impact statement if applicable.
86-6 (c) Except for the general appropriations bill, each
86-7 committee report on a bill or joint resolution, including a
86-8 complete committee substitute, and, to the extent considered
86-9 necessary by the committee, a committee report on any other
86-10 resolution, must include in summary form a detailed analysis of the
86-11 subject matter of the bill or resolution, specifically including:
86-12 (1) background information on the proposal;
86-13 (2) what the bill or resolution proposes to do;
86-14 (3) an <either a section-by-section> analysis of the
86-15 content of the bill or resolution <or a synopsis of the bill or
86-16 resolution, as determined by the chair>;
86-17 (4) a statement generally describing the scope of and
86-18 the reasons for any rulemaking authority delegated to a state
86-19 officer, department, agency, or institution, and, if the chair
86-20 determines that cost and economic impact can reasonably be
86-21 estimated, a statement of the cost of implementation for state and
86-22 local governments and the economic impact on persons to whom the
86-23 rules would apply for the first five years that the rulemaking
86-24 authority is in effect;
86-25 (5) a statement of substantial differences between a
86-26 complete committee substitute and the original bill; and
86-27 (6) a summary of the committee hearing on the bill or
87-1 resolution, including a list of those persons who testified for,
87-2 against, or on the bill or resolution.
87-3 (d) It shall be the duty of the committee chair, on all
87-4 matters reported by the committee, to see that all provisions of
87-5 Rule 12 <13> are satisfied. The chair shall strictly construe this
87-6 provision to achieve the desired purposes.
87-7 Sec. 33 <34>. FISCAL NOTES. (a) It shall be the duty of
87-8 the chair of each standing committee, immediately after the bill or
87-9 resolution has been referred to the standing committee, to
87-10 determine whether or not a fiscal note is required, and if so, to
87-11 send a copy of the bill or resolution to the Legislative Budget
87-12 Board for the preparation of the fiscal note. The chair shall
87-13 advise the Legislative Budget Board of the standing committee to
87-14 which the bill or resolution has been referred and request that the
87-15 fiscal note be returned to the committee. The Legislative Budget
87-16 Board shall forward a copy of each fiscal note to the author or
87-17 sponsor of the affected bill or resolution. The fiscal note shall
87-18 be attached to the affected bill or resolution before a committee
87-19 hearing can be conducted.
87-20 (b) Any bill or joint resolution which authorizes or
87-21 requires the expenditure or diversion of any state funds for any
87-22 purpose, except the general appropriations bill, shall have a
87-23 fiscal note prepared by the director of the Legislative Budget
87-24 Board attached to the bill or resolution on first printing,
87-25 outlining the fiscal implications and probable cost of the measure
87-26 each year for the first five years after its passage and a
87-27 statement as to whether or not there will be a cost involved
88-1 thereafter. The fiscal note shall include the number of additional
88-2 employees considered in arriving at the probable cost.
88-3 (c) Any bill or joint resolution that has statewide impact
88-4 on units of local government of the same type or class and that
88-5 authorizes or requires, presently or in the future, the expenditure
88-6 or diversion of local funds, or that proposes any new local tax,
88-7 fee, license charge, or penalty, or any increased or decreased
88-8 local tax, fee, license charge, or penalty, shall have a fiscal
88-9 note prepared by the director of the Legislative Budget Board
88-10 attached to the bill or resolution on first printing, outlining the
88-11 fiscal implications and probable cost of the measure to the
88-12 affected unit or units of local government each year for the first
88-13 five years after its passage and a statement as to whether or not
88-14 there will be a cost involved thereafter.
88-15 If the Legislative Budget Board is unable to acquire or
88-16 develop sufficient information to prepare the fiscal note required
88-17 by this subsection within 15 days of receiving a bill or
88-18 resolution, the director of the Legislative Budget Board shall so
88-19 state in the fiscal note, in which case the fiscal note shall be in
88-20 full compliance with the rules.
88-21 (d) Before any bill or joint resolution that has impact on
88-22 any particular unit or units of local government and that mandates,
88-23 presently or in the future, the expenditure or diversion of local
88-24 funds, or that mandates any new local tax, fee, license charge, or
88-25 penalty can be heard in committee, it shall have attached to it a
88-26 statement prepared by the author giving the author's best estimate
88-27 of the fiscal implications and probable cost of the measure each
89-1 year for five years after its passage and a statement as to whether
89-2 or not there will be a cost involved thereafter. This subsection
89-3 does not apply to a bill or joint resolution covered by Subsection
89-4 (c) of this section.
89-5 (e) In Subsections (c) and (d) of this section, "unit of
89-6 local government" means county, city, town, school district,
89-7 conservation district, hospital district, or any other political
89-8 subdivision or special district.
89-9 (f) In preparing a fiscal note, the director of the
89-10 Legislative Budget Board may utilize information or data supplied
89-11 by any person, agency, organization, or governmental unit that the
89-12 director deems reliable and shall state the source or sources of
89-13 the information or data used and may state the extent to which the
89-14 director relied on the information or data in preparing the fiscal
89-15 note. If the director determines that the fiscal implications of
89-16 the bill or resolution cannot be ascertained or that the bill or
89-17 resolution authorizes an unlimited expenditure or diversion of
89-18 funds for any period to which the fiscal note applies, the director
89-19 shall so state in the fiscal note, in which case the fiscal note
89-20 shall be in full compliance with the rules.
89-21 (g) In the event that a bill or resolution is amended by the
89-22 committee so as to alter its fiscal implications, either an updated
89-23 fiscal note or author's statement, whichever is applicable, shall
89-24 be obtained by the chair and attached to the bill or resolution as
89-25 a part of the committee report.
89-26 (h) All fiscal notes or author's statements, original and
89-27 updated, shall remain with the bill or resolution throughout the
90-1 entire legislative process, including submission to the governor.
90-2 Sec. 34 <35>. CRIMINAL JUSTICE POLICY AND EQUALIZED
90-3 EDUCATION FUNDING IMPACT STATEMENTS. (a) If the chair of a
90-4 standing committee determines that a bill or resolution authorizes
90-5 or requires a change in the sanctions applicable to adults
90-6 convicted of felony crimes, the chair shall send a copy of the bill
90-7 or resolution to the Legislative Budget Board for the preparation
90-8 of a criminal justice policy impact statement that includes an
90-9 estimate of the impact of proposed policy changes on the programs
90-10 and work loads of state corrections agencies and on the demand for
90-11 resources and services of those agencies. In this subsection,
90-12 "sanctions" includes sentences as well as adjustments to sentences
90-13 such as probation, parole, and mandatory supervision, including
90-14 changes in policy or statutes related to eligibility, revocation,
90-15 and good time credits.
90-16 (b) If the chair of a standing committee determines that a
90-17 bill or resolution affects public education, the chair shall send a
90-18 copy of the bill or resolution to the Legislative Budget Board for
90-19 the preparation of an equalized education funding impact statement
90-20 that evaluates the effect of the bill or resolution on all state
90-21 equalized funding requirements and policies.
90-22 (c) If the director is unable to acquire or develop
90-23 sufficient information to prepare an impact statement within 15
90-24 days after receiving a bill or resolution, the director shall
90-25 prepare the impact statement by stating that fact, and the impact
90-26 statement shall be in full compliance with the rules.
90-27 (d) The Legislative Budget Board shall forward a copy of
91-1 each impact statement to the author or sponsor of the affected bill
91-2 or resolution.
91-3 (e) In preparing an impact statement, the director of the
91-4 Legislative Budget Board may use information or data supplied by
91-5 any person, agency, organization, or governmental unit that the
91-6 director deems reliable and shall state the source or sources of
91-7 the information or data used and may state the extent to which the
91-8 director relied on the information or data in preparing the impact
91-9 statement.
91-10 (f) If the director determines that the effect of the bill
91-11 or resolution cannot be ascertained, the director shall prepare the
91-12 impact statement by stating that fact, and the impact statement
91-13 shall be in full compliance with the rules.
91-14 (g) If the chair determines that an impact statement is
91-15 required, the impact statement must be attached to the bill or
91-16 resolution before a committee hearing can be conducted on the bill
91-17 or resolution. The impact statement shall be attached to the bill
91-18 or resolution on first printing. If the bill or resolution is
91-19 amended by the committee so as to alter its policy implications,
91-20 the chair shall obtain an updated impact statement, which shall be
91-21 attached to the bill or resolution as part of the committee
91-22 report.
91-23 (h) All impact statements shall remain with the bill or
91-24 resolution throughout the entire legislative process, including
91-25 submission to the governor.
91-26 Sec. 35 <36>. ACTUARIAL IMPACT STATEMENTS <ANALYSES>. (a)
91-27 Except as otherwise provided by this section, a bill or joint
92-1 resolution that proposes to change benefits or participation in
92-2 benefits of a public retirement system or that otherwise would
92-3 change the financial obligations of a public retirement system must
92-4 have, in addition to any fiscal note required under Section 33 <34>
92-5 of this rule, an actuarial impact statement <analysis prepared in
92-6 compliance with this section, together with a statement> prepared
92-7 by the State Pension Review Board <reviewing the actuarial analysis
92-8 and commenting on the legislation,> attached to the bill or
92-9 resolution before a committee hearing may be held on it and
92-10 attached to the bill or resolution on first printing.
92-11 (b) An actuarial impact statement <analysis> is not required
92-12 for the general appropriations bill, a bill or resolution that
92-13 would change the financial obligations of a retirement system only
92-14 by modifying the compensation of members of the system, or
92-15 modifying the administrative duties of the system, or a bill or
92-16 resolution that would change the financial obligations of a
92-17 retirement system only by imposing an expense on the system in the
92-18 same manner that the expense is imposed on other agencies or units
92-19 of government.
92-20 (c) In this section, "public retirement system" means a
92-21 continuing, organized program of service retirement, disability
92-22 retirement, or death benefits for officers or employees of the
92-23 state or a political subdivision, but does not include a program
92-24 for which benefits are administered by a life insurance company, a
92-25 program providing only workers' compensation benefits, or a program
92-26 administered by the federal government.
92-27 (d) An actuarial impact statement <analysis> must:
93-1 (1) summarize the actuarial analysis that has been
93-2 prepared for the bill or resolution;
93-3 (2) identify and comment on the reasonableness of each
93-4 actuarial assumption used in that actuarial analysis; and
93-5 (3) show the economic effect of the proposed bill or
93-6 resolution on the public retirement system, including a projection
93-7 of the <annual> actuarial cost or liability imposed by the proposal
93-8 on the system, the effect of the legislation on the amortization
93-9 schedule for liabilities of the system <assuming various levels of
93-10 payroll increases>, and the estimated dollar change in the unfunded
93-11 liability of the system. <If the bill or resolution applies to
93-12 more than one public retirement system, the projections in the
93-13 analysis may be limited to each affected statewide public
93-14 retirement system and each affected system in a city having a
93-15 population of 200,000 or more, according to the results of the 1980
93-16 federal census.>
93-17 <(e) An actuarial analysis must state the actuarial
93-18 assumptions and methods of computation used in the analysis and,
93-19 using an advanced funding actuarial cost method, must state whether
93-20 or not the bill or resolution, if it becomes law, will make the
93-21 affected public retirement system actuarially unsound or, in the
93-22 case of a system already actuarially unsound, more unsound. The
93-23 actuarial information in an actuarial analysis must be prepared by
93-24 an actuary who has at least five years of experience working with
93-25 one or more public retirement systems and who is a fellow of the
93-26 Society of Actuaries, a member of the American Academy of
93-27 Actuaries, or an enrolled actuary under the federal Employees
94-1 Retirement Income Security Act of 1974. An actuarial analysis must
94-2 contain a certification by the actuary that the contents of the
94-3 analysis fulfill the requirements of this section. The actuary may
94-4 include an explanation or description of the actuarial information
94-5 contained in the analysis.>
94-6 (e) <(f)> As soon as practicable after a bill or joint
94-7 resolution is referred to a standing committee, the committee chair
94-8 shall determine whether or not an actuarial impact statement
94-9 <analysis> is required. If the chair determines that an actuarial
94-10 impact statement <analysis> is required, the chair shall send a
94-11 copy of the bill or resolution<, with actuarial analysis attached,>
94-12 to the State Pension Review Board with a request that an actuarial
94-13 impact statement <a review of the actuarial analysis and comment on
94-14 the legislation> be prepared and sent to the committee. The
94-15 executive director of the State Pension Review Board shall return a
94-16 copy of the actuarial impact statement <analysis, together with the
94-17 board's statement of review and comment,> to the committee that
94-18 requested it, to the author or sponsor of the affected bill or
94-19 resolution, and to the Legislative Budget Board.
94-20 <(g) Once a bill or resolution has been referred to the
94-21 State Pension Review Board, a committee hearing on, or first
94-22 printing of, the bill may proceed as long as any actuarial
94-23 analysis, statement of review, or comment that is available to the
94-24 committee at the time is attached.>
94-25 (f) <(h)> If a bill or resolution for which an actuarial
94-26 impact statement <analysis> is required is amended by a committee
94-27 in a way that alters its economic implications, the chair of the
95-1 committee shall request the State Pension Review Board to <obtain
95-2 an updated actuarial analysis and> prepare an updated actuarial
95-3 impact statement <review and comment>. If timely received, an
95-4 updated actuarial impact statement <analysis and updated review and
95-5 comment by the State Pension Review Board> must be attached to the
95-6 affected bill or resolution as a part of the committee report. All
95-7 actuarial impact statements <analyses and statements of review and
95-8 comment> timely received must remain with the bill or resolution
95-9 throughout the legislative process, including the process of
95-10 submission to the governor.
95-11 Sec. 36 <37>. WATER DEVELOPMENT POLICY IMPACT STATEMENTS.
95-12 (a) A bill that proposes to create a water district under the
95-13 authority of Article XVI, Section 59, of the Texas Constitution
95-14 must have a water development policy impact statement prepared by
95-15 the Texas Water Development Board and the Texas Water Commission
95-16 attached to the bill before a committee hearing may be held on the
95-17 bill and attached to the bill on first printing.
95-18 (b) The impact statement shall include but shall not be
95-19 limited to:
95-20 (1) an evaluation of population projections used to
95-21 justify the creation of the district;
95-22 (2) an evaluation of the proposed district finances,
95-23 including bond issuance powers and taxing authority and the
95-24 authority of the Texas Water Commission to approve bond issues;
95-25 (3) an evaluation of the method of selection of and
95-26 powers of the board of directors of the district;
95-27 (4) an evaluation of the effect of the creation of the
96-1 proposed district on the objectives of the Texas Water Development
96-2 Board's water plan;
96-3 (5) an evaluation of the extent of Texas Water
96-4 Commission supervision of the proposed district;
96-5 (6) an evaluation of the eminent domain powers of the
96-6 proposed district;
96-7 (7) an evaluation of provisions relating to the
96-8 exclusion of land from the proposed district;
96-9 (8) a comment on the adequacy of the description of
96-10 the proposed district; and
96-11 (9) a comment on any provisions of the bill that
96-12 provide powers or duties that are not provided by or that are
96-13 different from those provided by general law for similar types of
96-14 districts.
96-15 (c) If the Texas Water Development Board and the Texas Water
96-16 Commission are unable to provide the water development policy
96-17 impact statement within 30 days during a regular session, or within
96-18 14 days during a special session, of the date the bill is
96-19 introduced in the house or received from the senate, the
96-20 requirements of this section shall not apply.
96-21 (d) A water development policy impact statement is not
96-22 required for a senate bill that is substantially similar to a house
96-23 bill for which a water development policy impact statement has been
96-24 prepared.
96-25 (e) If a bill for which a water development policy impact
96-26 statement is required is amended by a committee in a way that
96-27 alters its implications, the chair of the committee shall request
97-1 the Texas Water Commission and the Texas Water Development Board to
97-2 prepare an updated impact statement. If timely received, an
97-3 updated impact statement must be attached to the affected bill on
97-4 committee report. All water development policy impact statements
97-5 timely received shall remain with the bill throughout the
97-6 legislative process, including submission to the governor.
97-7 <Sec. 38. FEDERAL FUNDS IMPACT STATEMENT. (a) The chair of
97-8 a standing committee may request the Office of Federal Funds
97-9 Management to prepare a federal funds impact statement on any bill
97-10 or resolution. The impact statement shall evaluate the anticipated
97-11 effect of the bill or resolution, if any, on the receipt and
97-12 expenditure of federal funds.>
97-13 <(b) The impact statement is not required for a hearing on
97-14 the bill, but if prepared and received before the bill is reported
97-15 from committee shall be included in the committee report printing
97-16 of the bill and shall remain attached to the bill or resolution
97-17 throughout the entire legislative process, including submission to
97-18 the governor.>
97-19 Sec. 37 <39>. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
97-20 Committee reports on house and concurrent resolutions shall be made
97-21 in the same manner and shall follow the same procedure as provided
97-22 for bills, subject to any differences otherwise authorized or
97-23 directed by the rules.
97-24 Sec. 38 <40>. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
97-25 action by the house is necessary on the report of a standing
97-26 committee. The bill, resolution, or proposition recommended or
97-27 reported by the committee shall automatically be before the house
98-1 for its consideration after the bill or resolution has been
98-2 referred to the appropriate calendars committee for placement on
98-3 <assignment to> a calendar and for proposal <determination> of an
98-4 appropriate rule for house consideration.
98-5 Sec. 39 <41>. REFERRAL OF REPORTS TO CHIEF CLERK <COMMITTEE
98-6 COORDINATOR>. All committee reports on bills or resolutions shall
98-7 be immediately referred to the chief clerk <house committee
98-8 coordinator for compliance with Section 42 of this rule>. The
98-9 chair of the committee shall be responsible for delivery of the
98-10 report to the chief clerk <committee coordinator>.
98-11 <Sec. 42. VERIFICATION OF COMPLIANCE WITH RULES. In
98-12 addition to the requirements of Section 6 of this rule no committee
98-13 report shall be eligible for consideration unless first signed by
98-14 the house committee coordinator, or the committee coordinator's
98-15 designee, to verify compliance with all appropriate sections of the
98-16 rules. In the event of noncompliance, the committee coordinator
98-17 shall return the committee report to the committee for correction.
98-18 In the event of disagreement between a committee chair and the
98-19 house committee coordinator concerning compliance with all
98-20 appropriate sections of the rules, the opinion of the committee
98-21 chair shall prevail.>
98-22 Sec. 40 <43>. DELIVERY OF REPORTS TO CALENDARS COMMITTEES.
98-23 After printing, the chief clerk shall be responsible for delivery
98-24 of a certified copy of the committee report to the appropriate
98-25 calendars committee, which committee shall immediately accept the
98-26 bill or resolution for placement on <assignment of the bill or
98-27 resolution to> a calendar and for the proposal <application> of an
99-1 appropriate rule for house consideration.
99-2 Sec. 41 <44>. COMMITTEE AMENDMENTS. No committee shall have
99-3 the power to amend, delete, or change in any way the nature,
99-4 purpose, or content of any bill or resolution referred to it, but
99-5 may draft and recommend amendments to it, which shall become
99-6 effective only if adopted by a majority vote of the house.
99-7 Sec. 42 <45>. SUBSTITUTES. The committee may adopt and
99-8 report a complete germane committee substitute containing the
99-9 title, enacting clause, and text of the bill in lieu of an original
99-10 bill, in which event the complete substitute bill on committee
99-11 report shall be laid before the house and shall be the matter then
99-12 before the house for its consideration, instead of the original
99-13 bill. If the substitute bill is defeated at any legislative stage,
99-14 the bill is considered not passed.
99-15 Sec. 43 <46>. GERMANENESS OF SUBSTITUTE. If a point of
99-16 order is raised that a complete committee substitute is not
99-17 germane, in whole or in part, and the point of order is sustained,
99-18 the committee substitute shall be returned to the Committee on
99-19 Calendars, which may have the original bill printed and distributed
99-20 and placed on <assigned to> a calendar in lieu of the substitute or
99-21 may return the original bill to the committee from which it was
99-22 reported for further action.
99-23 Sec. 44 <47>. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
99-24 REPORT. Should the author or sponsor of the bill, resolution, or
99-25 other proposal not be satisfied with the final recommendation or
99-26 form of the committee report, the member shall have the privilege
99-27 of offering on the floor of the house such amendments or changes as
100-1 he or she considers necessary and desirable, and those amendments
100-2 or changes shall be given priority during the periods of time when
100-3 original amendments are in order under the provisions of Rule 11
100-4 <12>, Section 7.
100-5 CHAPTER D. SUBCOMMITTEES
100-6 Sec. 45 <48>. JURISDICTION. Each committee is authorized to
100-7 conduct its activities and perform its work through the use of
100-8 subcommittees as shall be determined by the chair of the committee.
100-9 Subcommittees shall be created, organized, and operated in such a
100-10 way that the subject matter and work area of each subcommittee
100-11 shall be homogeneous and shall pertain to related governmental
100-12 activities. The size and jurisdiction of each subcommittee shall
100-13 be determined by the chair of the committee, except that each
100-14 substantive committee shall have a subcommittee for oversight whose
100-15 responsibility it shall be to monitor the operations and
100-16 performance of the state agencies within the jurisdiction of the
100-17 committee as provided in Rule 3 <as provided in Rule 9>.
100-18 Sec. 46 <49>. MEMBERSHIP. The <Except as provided in Rule
100-19 9, the> chair of each standing committee shall appoint from the
100-20 membership of the committee the members who are to serve on each
100-21 subcommittee, including the subcommittee for oversight. Any
100-22 vacancy on a subcommittee<, except the chair for budget and
100-23 oversight,> shall be filled by appointment of the chair of the
100-24 standing committee. The chair and vice-chair of each subcommittee,
100-25 including the subcommittee for oversight, shall be named by the
100-26 chair of the committee.
100-27 Sec. 47 <50>. RULES GOVERNING OPERATIONS. The Rules of
101-1 Procedure of the House of Representatives, to the extent
101-2 applicable, shall govern the hearings and operations of each
101-3 subcommittee. Subject to the foregoing, and to the extent
101-4 necessary for orderly transaction of business, each subcommittee
101-5 may promulgate and adopt additional rules and procedures by which
101-6 it will function.
101-7 Sec. 48 <51>. QUORUM. A majority of a subcommittee shall
101-8 constitute a quorum, and no action or recommendation of a
101-9 subcommittee shall be valid unless taken at a meeting with a quorum
101-10 actually present. All reports of a subcommittee must be approved
101-11 by record vote by a majority of the membership of the subcommittee.
101-12 Minutes of the subcommittee shall be maintained in a manner similar
101-13 to that required by the rules for standing committees. Proxies
101-14 cannot be used in subcommittees.
101-15 Sec. 49 <52>. POWER AND AUTHORITY. Each subcommittee,
101-16 within the area of its jurisdiction, shall have all of the power,
101-17 authority, and rights granted by the Rules of Procedure of the
101-18 House of Representatives to the standing committee, except subpoena
101-19 power, to the extent necessary to discharge the duties and
101-20 responsibilities of the subcommittee.
101-21 Sec. 50 <53>. REFERRAL OF PROPOSED LEGISLATION TO
101-22 SUBCOMMITTEE. All bills and resolutions referred to a standing
101-23 committee shall be reviewed by the chair to determine appropriate
101-24 disposition of the bills and resolutions. All bills and
101-25 resolutions shall be considered by the entire standing committee
101-26 unless the chair of that standing committee determines to refer the
101-27 bills and resolutions to subcommittee. If a bill or resolution is
102-1 referred by the chair of the standing committee to a subcommittee,
102-2 the subcommittee shall be charged with the duty and responsibility
102-3 of conducting the hearing, doing research, and performing such
102-4 other functions as the subcommittee or its parent standing
102-5 committee may determine. All meetings of the subcommittee shall be
102-6 scheduled by the subcommittee chair, with appropriate public notice
102-7 and notification of each member of the subcommittee under the same
102-8 rules of procedure as govern the conduct of the standing
102-9 committee.
102-10 Sec. 51 <54>. REPORT BY SUBCOMMITTEE. At the conclusion of
102-11 its deliberations on a bill, resolution, or other matter referred
102-12 to it, the subcommittee shall prepare a written report,
102-13 comprehensive in nature, for submission to the full committee. The
102-14 report shall include background material as well as recommended
102-15 action and shall be accompanied by a complete draft of the bill,
102-16 resolution, or other proposal in such form as the subcommittee
102-17 shall determine.
102-18 Sec. 52 <55>. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
102-19 reports shall be directed to the chair of the committee, who shall
102-20 schedule meetings of the standing committee from time to time as
102-21 necessary and appropriate for the reception of subcommittee reports
102-22 and for action on reports by the standing committee. No
102-23 subcommittee report shall be scheduled for action by the standing
102-24 committee until at least 48 hours after a copy of the subcommittee
102-25 report is provided to each member of the standing committee.
102-26 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
102-27 Sec. 53 <56>. RESOLUTION INTO A COMMITTEE OF THE WHOLE
103-1 HOUSE. The house may resolve itself into a committee of the whole
103-2 house to consider any matter referred to it by the house. In
103-3 forming a committee of the whole house, the speaker shall vacate
103-4 the chair and shall appoint a chair to preside in committee.
103-5 Sec. 54 <57>. RULES GOVERNING OPERATIONS. The rules
103-6 governing the proceedings of the house and those governing
103-7 committees shall be observed in committees of the whole, to the
103-8 extent that they are applicable.
103-9 Sec. 55 <58>. MOTION FOR A CALL OF THE COMMITTEE OF THE
103-10 WHOLE. (a) It shall be in order to move a call of the committee
103-11 of the whole at any time to secure and maintain a quorum for the
103-12 following purposes:
103-13 (1) for the consideration of a certain or specific
103-14 matter; or
103-15 (2) for a definite period of time; or
103-16 (3) for the consideration of any designated class of
103-17 bills.
103-18 (b) When a call of the committee of the whole is moved and
103-19 seconded by 10 members, of whom the chair may be one, and is
103-20 ordered by majority vote, the main entrance of the hall and all
103-21 other doors leading out of the hall shall be locked, and no member
103-22 shall be permitted to leave the hall without written permission.
103-23 Other proceedings under a call of the committee shall be the same
103-24 as under a call of the house.
103-25 Sec. 56 <59>. HANDLING OF A BILL. A bill committed to a
103-26 committee of the whole house shall be handled in the same manner as
103-27 in any other committee. The body of the bill shall not be defaced
104-1 or interlined, but all amendments shall be duly endorsed by the
104-2 chief clerk as they are adopted by the committee, and so reported
104-3 to the house. When a bill is reported by the committee of the
104-4 whole house it shall be referred immediately to the appropriate
104-5 calendars committee for placement on <assignment to> the
104-6 appropriate calendar and shall follow the same procedure as any
104-7 other bill on committee report.
104-8 Sec. 57 <60>. FAILURE TO COMPLETE WORK AT ANY SITTING. In
104-9 the event that the committee of the whole, at any sitting, fails to
104-10 complete its work on any bill or resolution under consideration for
104-11 lack of time, or desires to take any action on that measure that is
104-12 permitted under the rules for other committees, it may, on a motion
104-13 made and adopted by majority vote, rise, report progress, and ask
104-14 leave of the house to sit again generally, or at a time certain.
104-15 Sec. 58 <61>. REPORTS OF SELECT COMMITTEES. Reports of
104-16 select committees made during a session shall be filed with the
104-17 chief clerk and printed in the journal, unless otherwise determined
104-18 by the house.
104-19 CHAPTER F. INTERIM <SPECIAL> STUDY COMMITTEES
104-20 Sec. 59 <62>. INTERIM <AND SPECIAL> STUDIES. Pursuant to
104-21 Rule 1, Section 17 <19>, the speaker may create interim study
104-22 <special select> committees to conduct studies by issuing a
104-23 proclamation for each committee, which shall specify the issue to
104-24 be studied, committee membership, and any additional authority and
104-25 duties. A copy of each proclamation creating an interim study
104-26 committee shall be filed with the chief clerk. An interim
104-27 <special> study committee expires on release of its final report or
105-1 when the next legislature convenes, whichever is earlier. An
105-2 interim <A special> study committee may not be created by
105-3 resolution.
105-4 Sec. 60 <63>. APPOINTMENT AND MEMBERSHIP. The speaker shall
105-5 appoint all members of an interim <a special> study committee,
105-6 which may include public citizens and officials of state and local
105-7 governments. The speaker shall also designate the chair and
105-8 vice-chair and may authorize the chair to create subcommittees and
105-9 appoint citizen advisory committees.
105-10 Sec. 61 <64>. RULES GOVERNING OPERATIONS. The rules
105-11 governing the proceedings of the house and those governing standing
105-12 committees shall be observed by an interim <a special> study
105-13 committee, to the extent that they are applicable. An interim <A
105-14 special> study committee shall have the power to issue process and
105-15 to request assistance of state agencies as provided for a standing
105-16 committee in Sections 21, 22, and 23<, and 24> of this rule.
105-17 Sec. 62 <65>. FUNDING AND STAFF. An interim <A special>
105-18 study committee shall use existing staff resources of its members,
105-19 standing committees, house offices, and legislative service
105-20 agencies. The chair of an interim <a special> study committee
105-21 shall prepare a detailed budget for approval by the speaker and the
105-22 Committee on House Administration. An interim <A special> study
105-23 committee may accept gifts, grants, and donations for the purpose
105-24 of funding its activities as provided by Sections 301.032(b) and
105-25 (c), Government Code.
105-26 Sec. 63 <66>. STUDY REPORTS. The final report or
105-27 recommendations of an interim <a special> study committee shall be
106-1 approved by a majority of the committee membership. Dissenting
106-2 members may attach statements to the final report. Five copies of
106-3 the report shall be submitted to the speaker; 50 copies shall be
106-4 provided to House Bill Distribution for sale at cost; and 75 copies
106-5 shall be provided to the chief clerk <committee coordinator>, who
106-6 shall make the appropriate distribution to the Legislative
106-7 Reference Library and state library and archives. This section
106-8 shall also apply to interim study reports of standing committees.
106-9 Sec. 64 <67>. JOINT HOUSE AND SENATE INTERIM STUDIES.
106-10 Procedures may be established by a concurrent resolution adopted by
106-11 both houses, by which the speaker may authorize and appoint,
106-12 jointly with the senate, <special> committees to conduct interim
106-13 studies. A copy of the authorization for and the appointments to a
106-14 joint interim study committee shall be filed with the chief clerk.
106-15 Individual <special> joint interim study committees may not be
106-16 authorized or created by resolution.
106-17 RULE 5. FLOOR PROCEDURE
106-18 CHAPTER A. QUORUM AND ATTENDANCE
106-19 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
106-20 quorum to do business.
106-21 Sec. 2. ROLL CALLS. On every roll call or registration, the
106-22 names of the members shall be called or listed, as the case may be,
106-23 alphabetically by surname, except when two or more have the same
106-24 surname, in which case the initials of the members shall be
106-25 added.
106-26 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
106-27 from the sessions of the house without leave, and no member shall
107-1 be excused on his or her own motion.
107-2 (b) A leave of absence may be granted by a majority vote of
107-3 the house and may be revoked at any time by a similar vote.
107-4 (c) Any member granted a leave of absence due to a meeting
107-5 of a committee or conference committee that has authority to meet
107-6 while the house is in session shall be so designated on each roll
107-7 call or registration for which that member is excused.
107-8 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
107-9 present and fails or refuses to record on a roll call after being
107-10 requested to do so by the speaker shall be recorded as present by
107-11 the speaker and shall be counted for the purpose of making a
107-12 quorum.
107-13 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
107-14 order of "No Quorum" shall not be accepted by the chair if the last
107-15 roll call showed the presence of a quorum.
107-16 (b) Once a point of order has been made that a quorum is not
107-17 present, it may not be withdrawn after the absence of a quorum has
107-18 been ascertained and announced.
107-19 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
107-20 registration or record vote reveals that a quorum is not present,
107-21 only a motion to adjourn or a motion for a call of the house and
107-22 the motions incidental thereto shall be in order.
107-23 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
107-24 to move a call of the house at any time to secure and maintain a
107-25 quorum for one of the following purposes:
107-26 (1) for the consideration of a specific bill,
107-27 resolution, motion, or other measure;
108-1 (2) for the consideration of any designated class of
108-2 bills; or
108-3 (3) for a definite period of time.
108-4 Motions for, and incidental to, a call of the house are not
108-5 debatable.
108-6 Sec. 8. SECURING A QUORUM. When a call of the house is
108-7 moved for one of the above purposes and seconded by 15 members (of
108-8 whom the speaker may be one) and ordered by a majority vote, the
108-9 main entrance to the hall and all other doors leading out of the
108-10 hall shall be locked and no member permitted to leave the house
108-11 without the written permission of the speaker. The names of
108-12 members present shall be recorded. All absentees for whom no
108-13 sufficient excuse is made may, by order of a majority of those
108-14 present, be sent for and arrested, wherever they may be found, by
108-15 the sergeant-at-arms or an officer appointed by the
108-16 sergeant-at-arms for that purpose, and their attendance shall be
108-17 secured and retained. The house shall determine on what conditions
108-18 they shall be discharged. Members who voluntarily appear shall,
108-19 unless the house otherwise directs, be immediately admitted to the
108-20 hall of the house and shall report their names to the clerk to be
108-21 entered in the journal as present.
108-22 Until a quorum appears, should the roll call fail to show one
108-23 present, no business shall be transacted, except to compel the
108-24 attendance of absent members or to adjourn. It shall not be in
108-25 order to recess under a call of the house.
108-26 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
108-27 shown to be present, the house may proceed with the matters on
109-1 which the call was ordered, or may enforce the call and await the
109-2 attendance of as many of the absentees as it desires. When the
109-3 house proceeds to the business on which the call was ordered, it
109-4 may, by a majority vote, direct the sergeant-at-arms to cease
109-5 bringing in absent members.
109-6 Sec. 10. REPEATING A RECORD VOTE. When a record vote
109-7 reveals the lack of a quorum, and a call is ordered to secure one,
109-8 a record vote shall again be taken when the house resumes business
109-9 with a quorum present.
109-10 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
109-11 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
109-12 persons shall be entitled to the privileges of the floor of the
109-13 house when the house is in session: members of the house;
109-14 employees of the house when performing their official duties as
109-15 determined by the Committee on House Administration; members of the
109-16 senate; employees of the senate when performing their official
109-17 duties; the Governor of Texas and the governor's executive and
109-18 administrative assistant; the lieutenant governor; the secretary of
109-19 state; duly accredited reporters, photographers, correspondents,
109-20 and commentators of press, radio, and television who have complied
109-21 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
109-22 election cases pending before the house; and immediate families of
109-23 the members of the legislature on such special occasions as may be
109-24 determined by the Committee on House Administration.
109-25 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
109-26 persons shall be admitted to the area on the floor of the house
109-27 enclosed by the railing when the house is in session: members of
110-1 the house; members of the senate; the governor; the lieutenant
110-2 governor; officers and employees of the senate and house when those
110-3 officers and employees are actually engaged in performing their
110-4 official duties as determined by the Committee on House
110-5 Administration; spouses of members of the house on such occasions
110-6 as may be determined by the Committee on House Administration; and
110-7 duly accredited reporters, photographers, correspondents, and
110-8 commentators of press, radio, and television who have complied with
110-9 Sections 20(a), (b), (c), and (d) of this rule.
110-10 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
110-11 and collectors shall not be admitted to the floor of the house
110-12 while the house is in session.
110-13 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
110-14 invite a person to address the house while it is in session shall
110-15 be in order only if the person invited is entitled to the
110-16 privileges of the floor as defined by Section 11 of this rule and
110-17 if no business is pending before the house.
110-18 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
110-19 a member of the legislature, who is lobbying or working for or
110-20 against any pending or prospective legislative measure shall be
110-21 permitted on the floor of the house or in the adjacent rooms while
110-22 the house is in session.
110-23 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
110-24 admitted to the floor of the house under the rules, except the
110-25 governor or a member of the legislature, lobbies or works for or
110-26 against any pending or prospective legislation or violates any of
110-27 the other rules of the house, the privileges extended to that
111-1 person under the rules shall be suspended by a majority vote of the
111-2 Committee on House Administration. The action of the committee
111-3 shall be reviewable by the house only if two members of the
111-4 committee request an appeal from the decision of the committee.
111-5 The request shall be in the form of a minority report and shall be
111-6 subject to the same rules that are applicable to minority reports
111-7 on bills. Suspension shall remain in force until the accused
111-8 person purges himself or herself and comes within the rules, or
111-9 until the house, by majority vote, reverses the action of the
111-10 committee.
111-11 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
111-12 persons shall be admitted to the members lounge at any
111-13 time: members of the house; members of the senate; and former
111-14 members of the house and senate who are not engaged in any form of
111-15 employment requiring them to lobby or work for or against any
111-16 pending or prospective legislative measures.
111-17 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
111-18 shall be the duty of the Committee on House Administration to
111-19 determine what duties are to be discharged by officers and
111-20 employees of the house on the floor of the house, specifically in
111-21 the area enclosed by the railing, when the house is in session. It
111-22 shall be the duty of the speaker to see that the officers and
111-23 employees do not violate the regulations promulgated by the
111-24 Committee on House Administration.
111-25 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
111-26 allowed to remain in, the house chamber while the house is in
111-27 session unless properly attired, and all gentlemen shall wear a
112-1 coat and tie. Food or beverage shall not be permitted in the house
112-2 chamber at any time, and no person carrying food or beverage shall
112-3 be admitted to the chamber, whether the house is in session or in
112-4 recess. Reading newspapers shall not be permitted in the house
112-5 chamber while the house is in session.
112-6 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
112-7 is in session, no media representative shall be admitted to the
112-8 floor of the house or allowed its privileges unless the person is a
112-9 salaried staff correspondent, reporter, or photographer regularly
112-10 employed by a newspaper, a press association or news service
112-11 serving newspapers, a publication requiring telegraphic coverage,
112-12 or a duly licensed radio or television station or network.
112-13 (b) Any media representative seeking admission to the floor
112-14 of the house under the provisions of Subsection (a) of this section
112-15 must present to the Committee on House Administration fully
112-16 accredited credentials from his or her employer certifying that the
112-17 media representative is engaged primarily in reporting the sessions
112-18 of the legislature. Regularly accredited media representatives who
112-19 have duly qualified under the provisions of this section may, when
112-20 requested to do so, make recommendations through their professional
112-21 committees to the Committee on House Administration as to the
112-22 sufficiency or insufficiency of the credentials of any person
112-23 seeking admission to the floor of the house under this section.
112-24 Every media representative, before being admitted to the
112-25 floor of the house during its sessions, shall file with the
112-26 Committee on House Administration a written statement showing the
112-27 paper or papers, press association, news service, publication
113-1 requiring telegraphic coverage, or radio or television station or
113-2 network which he or she represents and certifying that no part of
113-3 his or her salary for legislative coverage is paid by any person,
113-4 firm, corporation, or association except the listed news media
113-5 which he or she represents.
113-6 (c) If the Committee on House Administration determines that
113-7 a person's media credentials meet the requirements of this section,
113-8 the committee shall so notify the speaker of the house in writing,
113-9 and the speaker shall issue a pass card to the person. This pass
113-10 card must be presented to the doorkeeper each time the person seeks
113-11 admission to the floor of the house while the house is in session.
113-12 Pass cards issued under this section shall not be transferable.
113-13 Persons admitted to the floor of the house pursuant to the
113-14 provisions of this section shall work in appropriate convenient
113-15 seats or work stations in the house, which shall be designated for
113-16 that purpose by the Committee on House Administration.
113-17 (d) Media representatives who are admitted to the floor of
113-18 the house when the house is in session shall confine their
113-19 activities within the railing to very brief inquiries, brief,
113-20 nonilluminated photographic contacts, and brief contacts to arrange
113-21 interviews and press conferences with members of the house.
113-22 Members of the house shall not engage in interviews and press
113-23 conferences on the house floor while the house is in session. The
113-24 Committee on House Administration is authorized to enforce this
113-25 provision and to prescribe such other regulations as may be
113-26 necessary and desirable to achieve these purposes. Persons
113-27 governed by this subsection shall be subject to the provisions of
114-1 Section 15 of this rule.
114-2 (e) Permission to make live or recorded television or radio
114-3 broadcasts in or from the house chamber while the house is in
114-4 session may be granted only by the Committee on House
114-5 Administration. The committee shall promulgate regulations
114-6 governing television or radio broadcasts, and such regulations
114-7 shall be printed as an addendum to the rules of the house. When
114-8 television or radio broadcasts from the floor of the house are
114-9 recommended by the Committee on House Administration, the
114-10 recommendation shall identify those persons in the technical crews
114-11 to whom pass cards to the floor of the house and galleries are to
114-12 be issued by the speaker. Passes granted under this authority
114-13 shall be subject to revocation on the recommendation of the
114-14 Committee on House Administration. Each committee of the house
114-15 shall have authority to determine whether or not to permit
114-16 television or radio broadcasts of any of its proceedings.
114-17 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
114-18 HOUSE CHAMBER. When the house is not in session, the floor of the
114-19 house shall remain open on days and hours determined by the
114-20 Committee on House Administration. By resolution, the house may
114-21 open the floor of the house during its sessions for the
114-22 inauguration of the governor and lieutenant governor and for such
114-23 other public ceremonies as may be deemed warranted.
114-24 CHAPTER C. SPEAKING AND DEBATE
114-25 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
114-26 speak or deliver any matter to the house, the member shall rise and
114-27 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
115-1 on being recognized, may address the house from the microphone at
115-2 the reading clerk's desk, and shall confine all remarks to the
115-3 question under debate, avoiding personalities.
115-4 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
115-5 members rise at once, the speaker shall name the one who is to
115-6 speak first. This decision shall be final and not open to debate
115-7 or appeal.
115-8 Sec. 24. RECOGNITION. There shall be no appeal from the
115-9 speaker's recognition, but the speaker shall be governed by rules
115-10 and usage in priority of entertaining motions from the floor. When
115-11 a member seeks recognition, the speaker may ask, "For what purpose
115-12 does the member rise?" or "For what purpose does the member seek
115-13 recognition?" and may then decide if recognition is to be
115-14 granted.
115-15 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
115-16 member who has the floor shall not be interrupted by another member
115-17 for any purpose, unless he or she consents to yield to the other
115-18 member. A member desiring to interrupt another in debate should
115-19 first address the speaker for the permission of the member
115-20 speaking. The speaker shall then ask the member who has the floor
115-21 if he or she wishes to yield, and then announce the decision of
115-22 that member. The member who has the floor may exercise personal
115-23 discretion as to whether or not to yield, and it is entirely within
115-24 the member's discretion to determine who shall interrupt and
115-25 when.
115-26 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
115-27 on recognition of the speaker may not be taken off the floor by a
116-1 motion, even the highly privileged motion to adjourn, but if the
116-2 member yields to another to make a motion or to offer an amendment,
116-3 he or she thereby loses the floor.
116-4 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
116-5 proposition, or the member reporting any measure from a committee,
116-6 or, in the absence of either of them, any other member designated
116-7 by such absentee, shall have the right to open and close the
116-8 debate, and for this purpose may speak each time not more than 20
116-9 minutes.
116-10 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
116-11 limited to 10 minutes in duration, except as provided in Section 27
116-12 of this rule, and the speaker shall call the members to order at
116-13 the expiration of their time. If the house by a majority vote
116-14 extends the time of any member, the extension shall be for 10
116-15 minutes only. A second extension of time shall be granted only by
116-16 unanimous consent. During the last 10 calendar days of the regular
116-17 session, and the last 5 calendar days of a special session, Sundays
116-18 excepted, all speeches shall be limited to 10 minutes and shall not
116-19 be extended. The time limits established by this rule shall
116-20 include time consumed in yielding to questions from the floor.
116-21 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
116-22 speak more than twice on the same question without leave of the
116-23 house, nor more than once until every member choosing to speak has
116-24 spoken, nor shall any member be permitted to consume the time of
116-25 another member without leave of the house being given by a majority
116-26 vote.
116-27 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
117-1 pending question is not disposed of because of an adjournment of
117-2 the house, a member who has spoken twice on the subject shall not
117-3 be allowed to speak again without leave of the house.
117-4 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
117-5 a paper is called for, and objection is made, the matter shall be
117-6 determined by a majority vote of the house, without debate.
117-7 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
117-8 person shall pass between the front and back microphones during
117-9 debate or when a member has the floor and is addressing the house.
117-10 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
117-11 member, in speaking or otherwise, transgresses the rules of the
117-12 house, the speaker shall, or any member may, call the member to
117-13 order, in which case the member so called to order shall
117-14 immediately be seated; however, that member may move for an appeal
117-15 to the house, and if appeal is duly seconded by 10 members, the
117-16 matter shall be submitted to the house for decision by majority
117-17 vote. In such cases, the speaker shall not be required to
117-18 relinquish the chair, as is required in cases of appeals from the
117-19 speaker's decisions. The house shall, if appealed to, decide the
117-20 matter without debate. If the decision is in favor of the member
117-21 called to order, the member shall be at liberty to proceed; but if
117-22 the decision is against the member, he or she shall not be allowed
117-23 to proceed, and, if the case requires it, shall be liable to the
117-24 censure of the house, or such other punishment as the house may
117-25 consider proper.
117-26 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
117-27 proceedings of the house of representatives shall be electronically
118-1 recorded under the direction of the Committee on House
118-2 Administration. Copies of the proceedings may be released under
118-3 guidelines promulgated by the Committee on House Administration.
118-4 CHAPTER D. QUESTIONS OF PRIVILEGE
118-5 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
118-6 privilege shall be:
118-7 (1) those affecting the rights of the house
118-8 collectively, its safety and dignity, and the integrity of its
118-9 proceedings; and
118-10 (2) those affecting the rights, reputation, and
118-11 conduct of members individually in their representative capacity
118-12 only.
118-13 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
118-14 privilege shall have precedence over all other questions except
118-15 motions to adjourn. When in order, a member may address the house
118-16 on a question of privilege, or may at any time print it in the
118-17 journal, provided it contains no reflection on any member of the
118-18 house.
118-19 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
118-20 not be in order for a member to address the house on a question of
118-21 privilege:
118-22 (1) between the time an undebatable motion is offered
118-23 and the vote is taken on the motion;
118-24 (2) between the time the previous question is ordered
118-25 and the vote is taken on the last proposition included under the
118-26 previous question; or
118-27 (3) between the time a motion to table is offered and
119-1 the vote is taken on the motion.
119-2 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
119-3 speaking on privilege, members must confine their remarks within
119-4 the limits of Section 35 of this rule, which will be strictly
119-5 construed to achieve the purposes hereof.
119-6 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
119-7 of a main or subsidiary motion shall not be discussed or debated
119-8 under the guise of speaking to a question of privilege.
119-9 CHAPTER E. VOTING
119-10 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
119-11 votes, except viva voce votes, members shall record their votes on
119-12 the voting machine and shall not be recognized by the chair to cast
119-13 their votes from the floor. If a member attempts to vote from the
119-14 floor, the speaker shall sustain a point of order directed against
119-15 the member's so doing. This rule shall not be applicable to the
119-16 mover or the principal opponent of the proposition being voted on
119-17 nor to a member whose voting machine is out of order.
119-18 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
119-19 registration or vote taken on the voting machine of the house shall
119-20 in all instances be considered the equivalent of a roll call or yea
119-21 and nay vote, which might be had for the same purpose.
119-22 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
119-23 member who has a personal or private interest in any measure or
119-24 bill proposed or pending before the house shall disclose the fact
119-25 and not vote thereon.
119-26 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
119-27 house, a quorum being present, the question shall be divided, if it
120-1 includes propositions so distinct in substance that, one being
120-2 taken away, a substantive proposition remains. A motion for a
120-3 division vote cannot be made after the previous question has been
120-4 ordered, after a motion to table has been offered, after the
120-5 question has been put, nor after the yeas and nays have been
120-6 ordered. Under this subsection, the speaker may divide the
120-7 question into groups of propositions that are closely related.
120-8 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
120-9 present and fails or refuses to vote after being requested to do so
120-10 by the speaker shall be recorded as present but not voting, and
120-11 shall be counted for the purpose of making a quorum.
120-12 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
120-13 member must be on the floor of the house or in an adjacent room or
120-14 hallway on the same level as the house floor, in order to vote; but
120-15 members who are out of the house when a record vote is taken and
120-16 who wish to be recorded shall be permitted to do so provided:
120-17 (1) they were out of the house temporarily, having
120-18 been recorded earlier as present;
120-19 (2) the vote is submitted to the journal clerk within
120-20 1 hour of the time the vote was actually registered on the house
120-21 voting machine and the results announced by the chair but not after
120-22 adjournment or recess to another calendar day; and
120-23 (3) the recording of their votes does not change the
120-24 result as announced by the chair.
120-25 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
120-26 each calendar day in which the house is in session, it shall be the
120-27 duty of the reading clerk to lock the voting machine of each member
121-1 who is excused or who is otherwise known to be absent. Each such
121-2 machine shall remain locked until the member in person contacts the
121-3 journal clerk and personally requests the unlocking of the machine.
121-4 Unless otherwise directed by the speaker, the reading clerk shall
121-5 not unlock any machine except at the personal request of the member
121-6 to whom the machine is assigned. Any violation, or any attempt by
121-7 a member or employee to circumvent the letter or spirit of this
121-8 section, shall be reported immediately to the speaker for such
121-9 disciplinary action by the speaker, or by the house, as may be
121-10 warranted under the circumstances.
121-11 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
121-12 by the house of knowingly voting for another member on the voting
121-13 machine shall be subject to discipline deemed appropriate by the
121-14 house.
121-15 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
121-16 begun, it may not be interrupted for any reason. While a yea and
121-17 nay vote is being taken, or the vote is being counted, no member
121-18 shall visit the reading clerk's desk.
121-19 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
121-20 allowed to interrupt the vote or to make any explanation of a vote
121-21 that the member is about to give after the voting machine has been
121-22 opened, but may record in the journal the reasons for giving such a
121-23 vote.
121-24 (b) A "Reason for Vote" must be in writing and filed with
121-25 the journal clerk within two hours of the time the vote was taken
121-26 but not after adjournment or recess to another calendar day. Such
121-27 "Reason for Vote" shall not deal in personalities or contain any
122-1 personal reflection on any member of the legislature, the speaker,
122-2 the lieutenant governor, or the governor, and shall not in any
122-3 other manner transgress the rules of the house relating to decorum
122-4 and debate.
122-5 (c) A member absent when a vote was taken may file with the
122-6 journal clerk while the house is in session a statement of how the
122-7 member would have voted if present. The statement shall be printed
122-8 in the journal on the date filed.
122-9 Sec. 50. PAIRS. All pairs must be announced before the vote
122-10 is declared by the speaker, and a written statement sent to the
122-11 journal clerk. The statement must be signed by the absent member
122-12 to the pair, or the member's signature must have been authorized in
122-13 writing, by telegraph, or by telephone, and satisfactory evidence
122-14 presented to the speaker if deemed necessary. If authorized by
122-15 telephone, the call must be to and confirmed by the chief clerk in
122-16 advance of the vote to which it applies. Pairs shall be entered in
122-17 the journal, and the member present shall be counted to make a
122-18 quorum.
122-19 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
122-20 desire of any three members present, the yeas and nays of the
122-21 members of the house on any question shall be taken and entered in
122-22 the journal. No member or members shall be allowed to call for a
122-23 yea and nay vote after a vote has been declared by the speaker. A
122-24 motion to expunge a yea and nay vote from the journal shall not be
122-25 in order.
122-26 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
122-27 votes members may have their votes recorded in the journal as "yea"
123-1 or "nay" by filing such information with the journal clerk within 1
123-2 hour of the time the results are announced by the chair but not
123-3 after adjournment or recess to another calendar day.
123-4 Sec. 53. CHANGING A VOTE. Before the result of a vote has
123-5 been finally and conclusively pronounced by the chair, but not
123-6 thereafter, a member may change his or her vote; however, if a
123-7 member's vote is erroneous, the member shall be allowed to change
123-8 that vote at a later time provided:
123-9 (1) the result of the record vote is not changed
123-10 thereby;
123-11 (2) the request is made known to the house by the
123-12 chair and permission for the change is granted by unanimous
123-13 consent; and
123-14 (3) a notation is made in the journal that the
123-15 member's vote was changed.
123-16 Sec. 54. TIE VOTE. All matters on which a vote may be taken
123-17 by the house shall require for adoption a favorable affirmative
123-18 vote as required by these rules, and in the case of a tie vote, the
123-19 matter shall be considered lost.
123-20 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
123-21 result of a yea and nay vote is close, the speaker may on the
123-22 request of any member order a verification vote, or the speaker may
123-23 order a verification on his or her own initiative. During
123-24 verification, no member shall change a vote unless it was
123-25 erroneously recorded, nor may any member not having voted cast a
123-26 vote; however, when the clerk errs in reporting the yeas and nays,
123-27 and correction thereof leaves decisive effect to the speaker's
124-1 vote, the speaker may exercise the right to vote, even though the
124-2 result has been announced. A verification shall be called for
124-3 immediately after the vote is announced. The speaker shall not
124-4 entertain a request for verification after the house has proceeded
124-5 to the next question, or after a recess or an adjournment. A vote
124-6 to recess or adjourn, like any other proposition, may be verified.
124-7 Only one vote verification can be pending at a time. A
124-8 verification may be dispensed with by a two-thirds vote.
124-9 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
124-10 allow the verification of a registration (as differentiated from a
124-11 record vote) if in the speaker's opinion there is serious doubt as
124-12 to the presence of a quorum.
124-13 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
124-14 VERIFICATION. A motion for a call of the house, and all incidental
124-15 motions relating to it, shall be in order pending the verification
124-16 of a vote. These motions must be made before the roll call on
124-17 verification begins, and it shall not be in order to break into the
124-18 roll call to make them.
124-19 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
124-20 If, by an error of the clerk in reporting the yeas and nays from a
124-21 registration, the speaker announces a result different from that
124-22 shown by the registration or verification, the status of the
124-23 question shall be determined by the vote as actually recorded. If
124-24 the vote is erroneously announced in such a way as to change the
124-25 true result, all subsequent proceedings in connection therewith
124-26 shall fail, and the journal shall be amended accordingly.
124-27 RULE 6. ORDER OF BUSINESS AND CALENDARS
125-1 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
125-2 convenes on a new legislative day, the daily order of business
125-3 shall be as follows:
125-4 (1) Call to order by speaker.
125-5 (2) Registration of members.
125-6 (3) Prayer by chaplain, unless the invocation has been
125-7 given previously on the particular calendar day.
125-8 (4) Excuses for absence of members and officers.
125-9 (5) First reading and reference to committee of bills
125-10 filed with the chief clerk; and motions to introduce bills, when
125-11 such motions are required.
125-12 (6) Requests to print bills and other papers; requests
125-13 of committees for further time to consider papers referred to them;
125-14 and all other routine motions and business not otherwise provided
125-15 for, all of which shall be undebatable except that the mover and
125-16 one opponent of the motion shall be allowed three minutes each.
125-17 The mover of a routine motion shall be allowed his or her
125-18 choice of making the opening or the closing speech under this rule.
125-19 If the house, under a suspension of the rules, extends the time of
125-20 a member under this rule, such extensions shall be for three
125-21 minutes. Subsidiary motions that are applicable to routine motions
125-22 shall be in order, but the makers of such subsidiary motions shall
125-23 not be entitled to speak thereon in the routine motion period, nor
125-24 shall the authors of the original routine motions be allowed any
125-25 additional time because of subsidiary motions.
125-26 (7) Unfinished business.
125-27 (8) Postponed matters to be laid before the house in
126-1 accordance with Rule 7, Section 15.
126-2 (9) Calendars of the house in their order of priority
126-3 in accordance with Section 7 of this rule, unless a different order
126-4 is determined under other provisions of these rules.
126-5 (b) When the house reconvenes for the first time on a new
126-6 calendar day following a recess, the daily order of business shall
126-7 be:
126-8 (1) Call to order by the speaker.
126-9 (2) Registration of members.
126-10 (3) Prayer by the chaplain.
126-11 (4) Excuses for absence of members and officers.
126-12 (5) Pending business.
126-13 (6) Calendars of the house in their order of priority
126-14 in accordance with Section 7 of this rule, unless a different order
126-15 is determined under other provisions of these rules.
126-16 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
126-17 measure may on any day be made a special order for the same day or
126-18 for a future day of the session by an affirmative vote of
126-19 two-thirds of the members present. A motion to set a special order
126-20 shall be subject to the three-minute pro and con debate rule. When
126-21 once established as a special order, a bill, resolution, or other
126-22 measure shall be considered from day to day until disposed of; and
126-23 until it has been disposed of, no further special orders shall be
126-24 made.
126-25 A three-fourths vote of the members present shall be required
126-26 to suspend the portion of this rule which specifies that only one
126-27 special order may be made and pending at a time.
127-1 (b) After the first six items under the daily order of
127-2 business for a legislative day have been passed, a special order
127-3 shall have precedence when the hour for its consideration has
127-4 arrived, except as provided in Section 9 of this rule.
127-5 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
127-6 may be postponed to a day certain by a two-thirds vote of those
127-7 present, and when so postponed, shall be considered as disposed of
127-8 so far as its place as a special order is concerned.
127-9 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
127-10 resolution laid on the table subject to call may be made a special
127-11 order.
127-12 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
127-13 motion is pending to set a particular bill or resolution as a
127-14 special order, it shall not be in order to move as a substitute to
127-15 set another bill or resolution as a special order. It shall be in
127-16 order, however, to substitute, by majority vote, a different time
127-17 for the special order consideration than that given in the original
127-18 motion.
127-19 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
127-20 If a member moves to set a bill or joint resolution as a special
127-21 order, or moves to suspend the rules to take up a bill or joint
127-22 resolution out of its regular order, and the motion prevails, the
127-23 member shall not have the right to make either of these motions
127-24 again until every other member has had an opportunity, via either
127-25 of these motions, to have some bill or joint resolution considered
127-26 out of its regular order during that session of the legislature. A
127-27 member shall not lose the suspension privilege if the motion to
128-1 suspend or set for special order does not prevail.
128-2 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
128-3 the house shall be controlled by a system of calendars, consisting
128-4 of the following:
128-5 (1) EMERGENCY CALENDAR, on which shall appear <to
128-6 which shall be assigned> all bills considered to be of such
128-7 pressing and imperative import as to demand immediate action, all
128-8 bills to raise revenue and levy taxes, and the general
128-9 appropriations bill. A bill submitted as an emergency matter by
128-10 the governor may also be assigned to this calendar.
128-11 (2) MAJOR STATE CALENDAR, on which shall appear <to
128-12 which shall be assigned> all bills of statewide effect, not
128-13 emergency in nature, which establish or change state policy in a
128-14 major field of governmental activity and which will have a major
128-15 impact in application throughout the state without regard to class,
128-16 area, or other limiting factors.
128-17 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
128-18 appear <to which shall be assigned> all joint resolutions proposing
128-19 amendments to the Texas Constitution and all joint resolutions
128-20 proposing the ratification of amendments to the Constitution of the
128-21 United States, and all concurrent resolutions applying to Congress
128-22 for a convention to amend the Constitution of the United States.
128-23 (4) GENERAL 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 law and which
128-26 have application to all areas but are limited in legal effect by
128-27 classification or other factors which minimize the impact to
129-1 something less than major state policy, and all bills, not
129-2 emergency in nature, which are not on a local or consent calendar.
129-3 (5) LOCAL CALENDAR, on which shall appear <to which
129-4 shall be assigned> all local bills, not emergency in nature, as
129-5 defined by Rule 8, Section 10(c), and which have been recommended
129-6 by the appropriate standing committee for placement on <assignment
129-7 to> an appropriate calendar by the Committee on Local and Consent
129-8 Calendars.
129-9 (6) CONSENT CALENDAR, on which shall appear <to which
129-10 shall be assigned> all bills, not emergency in nature, regardless
129-11 of extent and scope, on which there is such general agreement as to
129-12 render improbable any opposition to the consideration and passage
129-13 thereof, and which have been recommended by the appropriate
129-14 standing committee for placement on <assignment to> an appropriate
129-15 calendar by the Committee on Local and Consent Calendars.
129-16 (7) RESOLUTIONS CALENDAR, on which shall appear <to
129-17 which shall be assigned> all house resolutions and concurrent
129-18 resolutions, not emergency in nature and not privileged.
129-19 (8) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
129-20 on which shall appear <to which shall be assigned> all
129-21 congratulatory and memorial resolutions whose sole intent is to
129-22 congratulate, memorialize, or otherwise express concern or
129-23 commendation. The Committee on Rules and Resolutions may provide
129-24 separate categories within this calendar for congratulatory and
129-25 memorial resolutions.
129-26 (9) MOTIONS CALENDAR, on which shall appear all
129-27 motions which are memorial or congratulatory in nature. The
130-1 Committee on Rules and Resolutions may provide separate categories
130-2 within this calendar for congratulatory and memorial motions.
130-3 (b) A calendars committee shall strictly construe and the
130-4 speaker shall strictly enforce this system of calendars.
130-5 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
130-6 resolutions pending in the house shall follow the same procedure
130-7 with regard to calendars as house bills and resolutions, but
130-8 separate calendars shall be maintained for senate bills and
130-9 resolutions, and consideration of them on senate bill days shall
130-10 have priority in the manner and order specified in this rule.
130-11 (b) No other business shall be considered on days devoted to
130-12 the consideration of senate bills when there remain any bills on
130-13 any of the senate calendars, except with the consent of the senate.
130-14 When all senate calendars are clear, the house may proceed to
130-15 consideration of house calendars on senate bill days.
130-16 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
130-17 calendar Thursday of each week, only senate bills and senate
130-18 resolutions shall be taken up and considered, until disposed of.
130-19 Senate bills and senate resolutions shall be considered in the
130-20 order prescribed in Section 7 of this rule on separate senate
130-21 calendars prepared by the Committee on Calendars. In case a senate
130-22 bill or senate resolution is pending at adjournment on calendar
130-23 Thursday, it shall go over to the succeeding calendar Wednesday as
130-24 unfinished business.
130-25 (b) Precedence given in Rule 8 to certain classes of bills
130-26 during the first 60 calendar days of a regular session shall also
130-27 apply to senate bills on senate bill days.
131-1 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
131-2 any house bill is reached on the calendar or is before the house
131-3 for consideration, it shall be the duty of the speaker to give the
131-4 place on the calendar of the house bill to any senate bill
131-5 containing the same subject that has been referred to and reported
131-6 from a committee of the house and to lay the senate bill before the
131-7 house, to be considered in lieu of the house bill.
131-8 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
131-9 MEMORIAL CALENDARS <RESOLUTIONS CALENDAR>. As the volume of
131-10 legislation shall warrant, the chair of the Committee on Rules and
131-11 Resolutions shall move to designate periods for the consideration
131-12 of <the> congratulatory and memorial calendars <resolutions
131-13 calendar>. Each such motion shall require a two-thirds vote for
131-14 its adoption. In each instance, the Committee on Rules and
131-15 Resolutions shall prepare and distribute to each member a printed
131-16 calendar at least 24 hours in advance of the hour set for
131-17 consideration. No memorial or congratulatory resolution or motion
131-18 will be heard by the full house without having first been approved,
131-19 at least 24 hours in advance, through the committee process by the
131-20 Committee on Rules and Resolutions. If the Committee on Rules and
131-21 Resolutions determines that a resolution is not eligible for
131-22 placement on <assignment to> the congratulatory and memorial
131-23 <resolutions> calendar the measure shall be sent to the Committee
131-24 on Calendars for further action. A congratulatory and memorial
131-25 <The> calendar will contain the resolution or motion number, the
131-26 author's name, and a brief description of the intent of the
131-27 resolution or motion. On the congratulatory and memorial calendar,
132-1 congratulatory resolutions may be listed separately from memorial
132-2 resolutions and congratulatory motions may be listed separately
132-3 from memorial motions. Once a printed calendar is distributed, no
132-4 additional resolutions or motions will be added to it, and the
132-5 requirements of this section shall not be subject to suspension.
132-6 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
132-7 MEMORIAL CALENDARS <RESOLUTIONS CALENDAR>. During the
132-8 consideration of a <the> congratulatory and memorial <resolutions>
132-9 calendar, resolutions shall not be read in full unless they pertain
132-10 to members or former members of the legislature, or unless the
132-11 intended recipient of the resolution is present on the house floor
132-12 or in the gallery. All<, and all> other such resolutions and all
132-13 motions shall be read only by number, type of resolution or motion,
132-14 and name of the person or persons designated in the resolutions or
132-15 motions. Members shall notify the chair, in advance of
132-16 consideration of the calendar, of any resolutions that will be
132-17 required to be read in full. In addition, the following procedures
132-18 shall be observed:
132-19 (1) The chair shall recognize the reading clerk to
132-20 read the resolutions and motions within each category on the
132-21 calendar only by number, type of resolution or motion, author or
132-22 sponsor, and name of the person or persons designated in the
132-23 resolutions or motions, except for those resolutions that have been
132-24 withdrawn or that are required to be read in full. The resolutions
132-25 and motions read by the clerk shall then be adopted in one motion
132-26 for each category.
132-27 (2) Subsequent to the adoption of the resolutions and
133-1 motions read by the clerk, the chair shall proceed to lay before
133-2 the house the resolutions on the calendar that are required to be
133-3 read in full. Each such resolution shall be read and adopted
133-4 individually.
133-5 (3) If it develops that any resolution on the
133-6 congratulatory and memorial <resolutions> calendar does not belong
133-7 on that calendar, the chair shall withdraw the resolution from
133-8 further consideration, remove it from the calendar, and refer it to
133-9 the appropriate calendars committee for placement on <assignment
133-10 to> the proper calendar.
133-11 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
133-12 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
133-13 the chair of the Committee on Local and Consent Calendars shall
133-14 move to designate periods for the consideration of local, consent,
133-15 and resolutions <local calendars, consent calendars, and
133-16 resolutions> calendars. Each such motion shall require a
133-17 two-thirds vote for its adoption. In each instance, the Committee
133-18 on Local and Consent Calendars shall prepare and distribute to each
133-19 member a printed calendar at least 48 hours in advance of the hour
133-20 set for consideration. Once a printed calendar is distributed, no
133-21 additional bills or resolutions will be added to it. This
133-22 requirement can be suspended only by unanimous consent. No local,
133-23 consent, and resolutions calendar may be considered by the house if
133-24 it is determined that the rules of the house were not complied with
133-25 by the Committee on Local and Consent Calendars in preparing that
133-26 calendar.
133-27 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
134-1 RESOLUTIONS CALENDARS. During the consideration of a local,
134-2 consent, and resolutions <local calendar, consent calendar, or
134-3 resolutions> calendar set by the Committee on Local and Consent
134-4 Calendars the following procedures shall be observed:
134-5 (1) The chair shall allow the sponsor of each bill or
134-6 resolution three minutes to explain the measure, and the time shall
134-7 not be extended except by unanimous consent of the house. This
134-8 rule shall have precedence over all other rules limiting time for
134-9 debate.
134-10 (2) If it develops that any bill on the <a> local
134-11 calendar of a local, consent, and resolutions calendar is not in
134-12 fact local, as defined by the rules, the chair shall withdraw the
134-13 bill from further consideration and remove it from the calendar.
134-14 (3) If it develops that any bill or resolution on a
134-15 local, consent, and <or> resolutions calendar is to be contested on
134-16 the floor of the house, the chair shall withdraw the bill or
134-17 resolution from further consideration and remove it from the
134-18 calendar.
134-19 (4) Any bill or resolution on a local, consent, and
134-20 <or> resolutions calendar shall be considered contested if notice
134-21 is given by five or more members that they intend to oppose the
134-22 bill or resolution, either by a raising of hands or the delivery of
134-23 written notice to the chair.
134-24 (5) Any bill or resolution on a local, consent, and
134-25 <or> resolutions calendar shall be considered contested if debate
134-26 exceeds 10 minutes. The chair shall strictly enforce this time
134-27 limit and automatically withdraw the bill from further
135-1 consideration if the time limit herein imposed is exceeded.
135-2 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
135-3 local calendars, consent calendars, resolutions calendars, and
135-4 congratulatory and memorial <resolutions> calendars, consideration
135-5 of calendars shall be in the order named in Section 7 of this rule,
135-6 subject to any exceptions ordered by the Committee on Calendars.
135-7 With respect to a particular calendar, bills and resolutions on
135-8 third reading shall have precedence over bills and resolutions on
135-9 second reading.
135-10 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
135-11 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
135-12 printed daily when the house is in session. A printed copy of each
135-13 calendar shall be placed in the newspaper mailbox of each member at
135-14 least 36 hours if convened in regular session and 24 hours if
135-15 convened in special session before the calendar can be considered
135-16 by the house <and distribution made to members no later than 24
135-17 hours preceding the time the calendars shall be considered by the
135-18 house, except as otherwise provided in these rules>. Deviations
135-19 from the calendars as printed and distributed shall not be
135-20 permitted except that the Committee on Calendars shall be
135-21 authorized to print and distribute, not later than two hours before
135-22 the house convenes, a supplemental daily house calendar, on which
135-23 shall appear <only>:
135-24 (1) bills or resolutions which were passed to third
135-25 reading on the previous legislative day;
135-26 (2) bills or resolutions which appeared on the Daily
135-27 House Calendar for a previous calendar day which were not reached
136-1 for floor consideration;
136-2 (3) postponed business from a previous calendar day;
136-3 and
136-4 (4) notice to take from the table a bill or resolution
136-5 which was laid on the table subject to call on a previous
136-6 legislative day.
136-7 In addition to the items listed above, the bills and
136-8 resolutions from a daily house calendar that will be eligible for
136-9 consideration may be incorporated, in their proper order as
136-10 determined by these rules, into the supplemental daily house
136-11 calendar.
136-12 (b) In addition, when the volume of legislation shall
136-13 warrant, and upon request of the speaker, the chief clerk shall
136-14 have printed and distributed to the members, a list of Items
136-15 Eligible for Consideration, on which shall appear only:
136-16 (1) house bills with senate amendments that are
136-17 eligible for consideration under Rule 13 <14>, Section 5;
136-18 (2) senate bills for which the senate has requested
136-19 appointment of a conference committee; and
136-20 (3) conference committee reports that are eligible for
136-21 consideration under Rule 13 <14>, Section 10.
136-22 (c) A copy of the <The> list of Items Eligible for
136-23 Consideration must be placed in the newspaper mailbox of each
136-24 member at least six hours before the list may be considered by the
136-25 house <at any time after it has been printed and distributed>.
136-26 (d) The time at which the copies of a calendar or list are
136-27 placed in the newspaper mailboxes of the members shall be
137-1 time-stamped on the originals of the calendar or list.
137-2 (e) No house calendar shall be eligible for consideration if
137-3 it is determined that the rules of the house were not complied with
137-4 by the Committee on Calendars in preparing that calendar.
137-5 (f) If the Committee on Calendars has proposed a rule for
137-6 floor consideration of a bill or resolution that is eligible to be
137-7 placed on a calendar of the daily house calendar, the rule must be
137-8 printed and a copy distributed to each member. If the bill or
137-9 resolution to which the rule will apply has already been placed on
137-10 a calendar of the daily house calendar, a copy of the rule must be
137-11 attached to the printed calendar on which the bill or resolution
137-12 appears. The speaker shall lay a proposed rule before the house
137-13 prior to the consideration of the bill or resolution to which the
137-14 rule will apply. The rule may be laid before the house anytime
137-15 after a copy of the rule has been distributed to each member in
137-16 accordance with this subsection. The rule shall not be subject to
137-17 amendment, but to be effective, the rule must be approved by the
137-18 house by an affirmative vote of a majority of those members present
137-19 and voting. If approved by the house in accordance with this
137-20 subsection, the rule will be effective for the consideration of the
137-21 bill or resolution on both second and third readings.
137-22 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
137-23 is placed on <assigned to> its appropriate calendar under these
137-24 rules, and has appeared on a house calendar, as printed and
137-25 distributed to all members, the bill shall retain its relative
137-26 position on the calendar until reached for floor consideration, and
137-27 the calendars committee <Calendars Committee> with jurisdiction
138-1 over the bill or resolution shall have no authority to place other
138-2 bills on the calendar ahead of that bill, but all additions to the
138-3 calendar shall appear subsequent to the bill.
138-4 Sec. 18. REQUIREMENTS FOR PLACEMENT ON <ASSIGNMENT TO> A
138-5 CALENDAR. No bill or resolution shall be placed on <assigned to> a
138-6 calendar until:
138-7 (1) it has been referred to and reported from its
138-8 appropriate standing committee by favorable committee action; or
138-9 (2) it is ordered printed on minority report or after
138-10 a committee has reported its inability to recommend a course of
138-11 action.
138-12 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
138-13 resolutions, on being reported from committee, shall be referred
138-14 immediately to the chief clerk for printing <committee coordinator>
138-15 and then to the appropriate calendars committee for placement on
138-16 <assignment to> the appropriate calendar.
138-17 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON <ASSIGNMENT TO> A
138-18 CALENDAR. Within 30 calendar days after a bill or resolution has
138-19 been referred to the appropriate calendars committee, the committee
138-20 must vote on whether to place the bill or resolution on one of the
138-21 calendars of the daily house calendar or the local, consent, and
138-22 resolutions calendar, as applicable. A vote against placement of
138-23 the bill or resolution on a calendar does not preclude a calendars
138-24 committee from later voting in favor of placement of the bill or
138-25 resolution on a calendar <Each calendars committee shall act
138-26 promptly in assigning each bill and resolution to its appropriate
138-27 calendar. Such assignment, if not made sooner, must be made within
139-1 7 calendar days after such bill or resolution was referred to the
139-2 committee, except during the last 10 calendar days of a session,
139-3 when such assignment must be made within 72 hours after referral to
139-4 the Calendars Committee with jurisdiction over the bill or
139-5 resolution>.
139-6 Sec. 21. MOTION TO PLACE ON <ASSIGN TO> A CALENDAR.
139-7 (a) When a bill or resolution has been in the appropriate
139-8 calendars committee for 30 <7> calendar days, exclusive of the
139-9 calendar day on which it was referred, awaiting placement on one of
139-10 the calendars of the daily house calendar or local, consent, and
139-11 resolutions calendar, <assignment to its appropriate calendar,> it
139-12 shall be in order for a member to move that the bill or resolution
139-13 be placed on <assigned to> a specific calendar of the daily house
139-14 calendar or local, consent, and resolutions calendar without action
139-15 by the committee. This motion must be seconded by five members and
139-16 shall require a majority vote for adoption.
139-17 (b) A motion to place <assign> a bill or resolution on <to>
139-18 a specific calendar of the daily house calendar or local, consent,
139-19 and resolutions calendar is not a privileged motion and must be
139-20 made during the routine motion period unless made under a
139-21 suspension of the rules.
139-22 Sec. 22. REQUEST FOR PLACEMENT ON <ASSIGNMENT TO> LOCAL,
139-23 CONSENT, OR RESOLUTIONS CALENDAR. No bill or resolution shall be
139-24 considered for placement on <assignment to> a local, consent, or
139-25 resolutions calendar by the Committee on Local and Consent
139-26 Calendars unless a request for that placement <assignment> has been
139-27 made to the chair of the standing committee from which the bill or
140-1 resolution was reported and unless the committee report of the
140-2 standing committee recommends that the bill or resolution be sent
140-3 to the Committee on Local and Consent Calendars for placement on
140-4 <assignment to> an appropriate calendar. The recommendation of the
140-5 standing committee shall be advisory only, and the Committee on
140-6 Local and Consent Calendars shall have final authority to determine
140-7 whether or not a bill or resolution shall be placed on <assigned
140-8 to> a local, consent, or resolutions calendar. If the Committee on
140-9 Local and Consent Calendars determines that the bill or resolution
140-10 is not eligible for placement on a <assignment to the> local,
140-11 consent, or resolutions calendar, the measure shall be sent to the
140-12 Committee on Calendars for further action.
140-13 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON <ASSIGNMENT TO> A
140-14 LOCAL, CONSENT, OR RESOLUTIONS CALENDAR. (a) No bill shall be
140-15 placed on <assigned to> the local calendar unless:
140-16 (1) it is a local bill as defined by Rule 8, Section
140-17 10(c);
140-18 (2) evidence of publication of notice in compliance
140-19 with the Texas Constitution and these rules is filed with the
140-20 Committee on Local and Consent Calendars; and
140-21 (3) it has been recommended unanimously by the present
140-22 and voting members of the committee from which it was reported that
140-23 the bill be sent to the Committee on Local and Consent Calendars
140-24 for placement on <assignment to> an appropriate calendar.
140-25 (b) No bill which limits its application by means of
140-26 population brackets shall be placed on <assigned to> the local
140-27 calendar.
141-1 (c) No bill shall be placed on <assigned to> a consent
141-2 calendar unless it has been recommended unanimously by the present
141-3 and voting members of the committee from which it was reported that
141-4 the bill be sent to the Committee on Local and Consent Calendars
141-5 for placement on <assignment to> an appropriate calendar.
141-6 (d) No resolution shall be placed on <assigned to> a
141-7 resolutions calendar by the Committee on Local and Consent
141-8 Calendars unless 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 resolution be sent to the Committee on Local and Consent
141-11 Calendars for placement on <assignment to> an appropriate calendar.
141-12 Sec. 24. REPLACEMENT <REASSIGNMENT> OF CONTESTED BILLS AND
141-13 RESOLUTIONS. A bill or resolution once removed from a local
141-14 calendar, consent calendar, or resolutions calendar shall be
141-15 returned to the Committee on Local and Consent Calendars for
141-16 further action. The Committee on Local and Consent Calendars, if
141-17 it feels such action is warranted, may again place <assign> the
141-18 bill or resolution on <to> a local calendar, consent calendar, or
141-19 resolutions calendar, provided, however, that if the bill or
141-20 resolution is not placed on a calendar of the next local, consent,
141-21 and resolutions calendar set by the Committee on Local and Consent
141-22 Calendars, the bill or resolution shall immediately be referred to
141-23 the Committee on Calendars for further action. If the bill or
141-24 resolution is then removed from the calendar a second time by being
141-25 contested on the floor of the house, the bill or resolution shall
141-26 not again be placed on <assigned to> a local calendar, consent
141-27 calendar, or resolutions calendar by the Committee on Local and
142-1 Consent Calendars during that session of the legislature but shall
142-2 be returned to the Committee on Calendars for further action.
142-3 Sec. 25. DISCRETION IN PLACEMENT ON <ASSIGNMENT TO>
142-4 CALENDARS. Subject to the limitations contained in this rule, the
142-5 Committee on Calendars shall have full authority to make placements
142-6 on <assignments to> calendars in whatever order is necessary and
142-7 desirable under the circumstances then existing, except that bills
142-8 on third reading on a particular calendar shall have precedence
142-9 over bills on second reading on the same calendar. It is the
142-10 intent of the calendar system to give the Committee on Calendars
142-11 wide discretion to insure adequate consideration by the house of
142-12 important legislation.
142-13 <Sec. 26. MOTION TO REASSIGN. (a) During the first 76
142-14 calendar days of a regular session, after a bill or resolution has
142-15 been assigned to its appropriate calendar, it shall be in order for
142-16 a member to move that the bill or resolution be reassigned to a
142-17 different calendar, which shall require a two-thirds vote for
142-18 adoption.>
142-19 <(b) After the first 76 calendar days of a regular session,
142-20 when a bill or resolution has been assigned to its appropriate
142-21 calendar, it shall be in order for a member to move that the bill
142-22 or resolution be reassigned to a different calendar, which shall
142-23 require a majority vote for adoption.>
142-24 <(c) A motion to reassign a bill from one calendar to
142-25 another is not a privileged motion and must be made during the
142-26 routine motion period unless made under a suspension of the rules.>
142-27 RULE 7. MOTIONS
143-1 CHAPTER A. GENERAL MOTIONS
143-2 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
143-3 motions, in addition to any elsewhere provided herein, shall be
143-4 decided without debate, except as otherwise provided in these
143-5 rules:
143-6 (1) to adjourn;
143-7 (2) to lay on the table;
143-8 (3) to lay on the table subject to call;
143-9 (4) to suspend the rule as to the time for
143-10 introduction of bills;
143-11 (5) to order a call of the house, and all motions
143-12 incidental thereto;
143-13 (6) an appeal by a member called to order;
143-14 (7) on questions relating to priority of business;
143-15 (8) to amend the caption of a bill or resolution;
143-16 (9) to extend the time of a member speaking under the
143-17 previous question or to allow a member who has the right to speak
143-18 after the previous question is ordered to yield the time, or a part
143-19 of it, to another;
143-20 (10) to reconsider and table.
143-21 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
143-22 the mover and one opponent of the motion three minutes each during
143-23 which to debate the following motions without debating the merits
143-24 of the bill, resolution, or other matter, and the mover of the
143-25 motion may elect to either open the debate or close the debate, but
143-26 the mover's time may not be divided:
143-27 (1) to suspend the regular order of business and take
144-1 up some measure out of its regular order;
144-2 (2) to instruct a committee to report a certain bill
144-3 or resolution;
144-4 (3) to rerefer a bill or resolution from one committee
144-5 to another;
144-6 (4) to place <assign> a bill or resolution on <to> a
144-7 specific calendar without action by the appropriate calendars
144-8 committee <Committee on Calendars>;
144-9 (5) <to reassign a bill or resolution from one
144-10 calendar to another;>
144-11 <(6)> to take up a bill or resolution laid on the
144-12 table subject to call;
144-13 (6) <(7)> to set a special order;
144-14 (7) <(8)> to suspend the rules;
144-15 (8) <(9)> to suspend the constitutional rule requiring
144-16 bills to be read on three several days;
144-17 (9) <(10)> to pass a resolution suspending the joint
144-18 rules;
144-19 (10) <(11)> to order the previous question;
144-20 (11) <(12)> to order the limiting of amendments to a
144-21 bill or resolution;
144-22 (12) <(13)> to print documents, reports, or other
144-23 material in the journal;
144-24 (13) <(14)> to take any other action required or
144-25 permitted during the routine motion period by Rule 6, Section 1;
144-26 (14) <(15)> to divide the question.
144-27 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
145-1 under debate, the following motions, and none other, shall be in
145-2 order, and such motions shall have precedence in the following
145-3 order:
145-4 (1) to adjourn;
145-5 (2) to take recess;
145-6 (3) to lay on the table;
145-7 (4) to lay on the table subject to call;
145-8 (5) for the previous question;
145-9 (6) to postpone to a day certain;
145-10 (7) to commit, recommit, refer, or rerefer;
145-11 (8) to amend by striking out the enacting or resolving
145-12 clause, which, if carried, shall have the effect of defeating the
145-13 bill or resolution;
145-14 (9) to amend;
145-15 (10) to postpone indefinitely.
145-16 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
145-17 been made, the speaker shall state it, or if it is in writing,
145-18 order it read by the clerk; and it shall then be in possession of
145-19 the house.
145-20 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
145-21 the house and entertained by the speaker shall be reduced to
145-22 writing on the demand of any member, and shall be entered on the
145-23 journal with the name of the member making it.
145-24 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
145-25 by the mover at any time before a decision on the motion, even
145-26 though an amendment may have been offered and is pending. It
145-27 cannot be withdrawn, however, if the motion has been amended.
146-1 After the previous question has been ordered, a motion can be
146-2 withdrawn only by unanimous consent.
146-3 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
146-4 or recess shall always be in order, except:
146-5 (1) when the house is voting on another motion;
146-6 (2) when the previous question has been ordered and
146-7 before the final vote on the main question, unless a roll call
146-8 shows the absence of a quorum;
146-9 (3) when a member entitled to the floor has not
146-10 yielded for that purpose; or
146-11 (4) when no business has been transacted since a
146-12 motion to adjourn or recess has been defeated.
146-13 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
146-14 RECESS. When several motions to recess or adjourn are made at the
146-15 same period, the motion to adjourn carrying the shortest time shall
146-16 be put first, then the next shortest time, and in that order until
146-17 a motion to adjourn has been adopted or until all have been voted
146-18 on and lost; and then the same procedure shall be followed for
146-19 motions to recess.
146-20 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
146-21 RECESS. A motion to adjourn or recess may not be withdrawn when it
146-22 is one of a series upon which voting has commenced, nor may an
146-23 additional motion to adjourn or recess be made when voting has
146-24 commenced on a series of such motions.
146-25 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
146-26 vote by which a motion to adjourn or recess is carried or lost
146-27 shall not be subject to a motion to reconsider.
147-1 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
147-2 number of members than a quorum may adjourn from day to day, and
147-3 may compel the attendance of absent members.
147-4 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
147-5 carried, shall have the effect of killing the bill, resolution,
147-6 amendment, or other immediate proposition to which it was applied.
147-7 Such a motion shall not be debatable, but the mover of the
147-8 proposition to be tabled, or the member reporting it from
147-9 committee, shall be allowed to close the debate after the motion to
147-10 table is made and before it is put to a vote. When a motion to
147-11 table is made to a debatable main motion, the main motion mover
147-12 shall be allowed 20 minutes to close the debate, whereas the movers
147-13 of other debatable motions sought to be tabled shall be allowed
147-14 only 10 minutes to close. The vote by which a motion to table is
147-15 carried or lost cannot be reconsidered. After the previous
147-16 question has been ordered, a motion to table is not in order. The
147-17 provisions of this section do not apply to motions to "lay on the
147-18 table subject to call"; however, a motion to lay on the table
147-19 subject to call cannot be made after the previous question has been
147-20 ordered.
147-21 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
147-22 resolution, or other matter is pending before the house, it may be
147-23 laid on the table subject to call, and one legislative day's
147-24 notice, as printed on the Supplemental House Calendar, must be
147-25 given before the proposition can be taken from the table, unless it
147-26 is on the same legislative day, in which case it can be taken from
147-27 the table at any time except when there is another matter pending
148-1 before the house. A bill, resolution, or other matter can be taken
148-2 from the table only by a majority vote of the house. When a
148-3 special order is pending, a motion to take a proposition from the
148-4 table cannot be made unless the proposition is a privileged
148-5 matter.
148-6 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
148-7 certain may be amended and is debatable within narrow limits, but
148-8 the merits of the proposition sought to be postponed cannot be
148-9 debated. A motion to postpone indefinitely opens to debate the
148-10 entire proposition to which it applies.
148-11 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
148-12 to a day certain shall be laid before the house at the time on the
148-13 calendar day to which it was postponed, provided it is otherwise
148-14 eligible under the rules and no other business is then pending. If
148-15 business is pending, the postponed matter shall be deferred until
148-16 the pending business is disposed of without prejudice otherwise to
148-17 its right of priority. When a privileged matter is postponed to a
148-18 particular time, and that time arrives, the matter, still retaining
148-19 its privileged nature, shall be taken up even though another matter
148-20 is pending.
148-21 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
148-22 two or more bills, resolutions, or other propositions are postponed
148-23 to the same time, and are otherwise eligible for consideration at
148-24 that time, they shall be considered in the chronological order of
148-25 their setting.
148-26 Sec. 17. MOTION TO REFER. When motions are made to refer a
148-27 subject to a select or standing committee, the question on the
149-1 subject's referral to a standing committee shall be put first.
149-2 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
149-3 after being defeated at the routine motion period, may again be
149-4 made when the bill itself is under consideration; however, a motion
149-5 to recommit a bill shall not be in order at the routine motion
149-6 period if the bill is then before the house as either pending
149-7 business or unfinished business.
149-8 A motion to recommit a bill or resolution can be made and
149-9 voted on even though the author, sponsor, or principal proponent is
149-10 not present.
149-11 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
149-12 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
149-13 recommit is debatable within narrow limits, but the merits of the
149-14 proposition may not be brought into the debate. A motion to refer,
149-15 rerefer, commit, or recommit with instructions is fully
149-16 debatable.
149-17 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
149-18 Except as provided in Rule 4, Section 30 <31>, when a bill has been
149-19 recommitted once at any reading and has been reported adversely by
149-20 the committee to which it was referred, it shall be in order to
149-21 again recommit the bill only if a minority report has been filed in
149-22 the time required by the rules of the house. A two-thirds vote of
149-23 those present shall be required to recommit a second time.
149-24 CHAPTER B. MOTION FOR THE PREVIOUS
149-25 QUESTION
149-26 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
149-27 motion for the previous question, which shall be admitted only when
150-1 seconded by 25 members. It shall be put by the chair in this
150-2 manner: "The motion has been seconded. Three minutes pro and con
150-3 debate will be allowed on the motion for ordering the previous
150-4 question." As soon as the debate has ended, the chair shall
150-5 continue: "As many as are in favor of ordering the previous
150-6 question on (here state on which question or questions) will say
150-7 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
150-8 other propositions, a motion for the previous question may be taken
150-9 by a record vote if demanded by three members. If ordered by a
150-10 majority of the members voting, a quorum being present, it shall
150-11 have the effect of cutting off all debate, except as provided in
150-12 Section 23 of this rule, and bringing the house to a direct vote on
150-13 the immediate question or questions on which it has been asked and
150-14 ordered.
150-15 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
150-16 motion for the previous question, there shall be no debate except
150-17 as provided in Sections 2 and 21 of this rule. All incidental
150-18 questions of order made pending decision on such motion shall be
150-19 decided, whether on appeal or otherwise, without debate.
150-20 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
150-21 ORDERED. After the previous question has been ordered, there shall
150-22 be no debate upon the questions on which it has been ordered, or
150-23 upon the incidental questions, except that the mover of the
150-24 proposition or any of the pending amendments or any other motions,
150-25 or the member making the report from the committee, or, in the case
150-26 of the absence of either of them, any other member designated by
150-27 such absentee, shall have the right to close the debate on the
151-1 particular proposition or amendment. Then a vote shall be taken
151-2 immediately on the amendments or other motions, if any, and then on
151-3 the main question.
151-4 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
151-5 ORDERED. All members having the right to speak after the previous
151-6 question has been ordered shall speak before the question is put on
151-7 the first proposition covered by the previous question. All votes
151-8 shall then be taken in the correct order, and no vote or votes
151-9 shall be deferred to allow any member to close on any one of the
151-10 propositions separately after the voting has commenced.
151-11 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
151-12 amendment has been substituted and the previous question is then
151-13 moved on the adoption of the amendment as substituted, the author
151-14 of the amendment as substituted shall have the right to close the
151-15 debate on that amendment in lieu of the author of the original
151-16 amendment.
151-17 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
151-18 the previous question is ordered on a motion to postpone
151-19 indefinitely or to amend by striking out the enacting clause of a
151-20 bill, the member moving to postpone or amend shall have the right
151-21 to close the debate on that motion or amendment, after which the
151-22 mover of the proposition or bill proposed to be so postponed or
151-23 amended, or the member reporting it from the committee, or, in the
151-24 absence of either of them, any other member designated by the
151-25 absentee, shall be allowed to close the debate on the original
151-26 proposition.
151-27 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
152-1 question may be asked and ordered on any debatable single motion or
152-2 series of motions, or any amendment or amendments pending, or it
152-3 may be made to embrace all authorized debatable motions or
152-4 amendments pending and include the bill, resolution, or proposition
152-5 that is on second or third reading. The previous question cannot
152-6 be ordered, however, on the main proposition without including
152-7 other pending motions of lower rank as given in Section 3 of this
152-8 rule.
152-9 Sec. 28. LIMIT OF APPLICATION. The previous question shall
152-10 not extend beyond the final vote on a motion or sequence of motions
152-11 to which the previous question has been ordered.
152-12 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
152-13 Amendments on the speaker's desk for consideration which have not
152-14 actually been laid before the house and read cannot be included
152-15 under a motion for the previous question.
152-16 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
152-17 TABLE. If a motion to table is made directly to a main motion, the
152-18 motion for the previous question is not in order. In a case where
152-19 an amendment to a main motion is pending, and a motion to table the
152-20 amendment is made, it is in order to move the previous question on
152-21 the main motion, the pending amendment, and the motion to table the
152-22 amendment.
152-23 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
152-24 There is no acceptable substitute for a motion for the previous
152-25 question, nor can other motions be applied to it.
152-26 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
152-27 TABLING. The motion for the previous question is not subject to a
153-1 motion to table.
153-2 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
153-3 QUESTION ACCEPTED. The motion to adjourn is not in order after a
153-4 motion for the previous question is accepted by the chair, or after
153-5 the seconding of such motion and before a vote is taken.
153-6 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
153-7 After the previous question has been ordered, no motion shall be in
153-8 order until the question or questions on which it was ordered have
153-9 been voted on, without debate, except:
153-10 (1) a motion for a call of the house, and motions
153-11 incidental thereto;
153-12 (2) a motion to extend the time of a member closing on
153-13 a proposition;
153-14 (3) a motion to permit a member who has the right to
153-15 speak to yield the time or a part thereof to another member;
153-16 (4) a request for and a verification of a vote;
153-17 (5) a motion to reconsider the vote by which the
153-18 previous question was ordered. A motion to reconsider may be made
153-19 only once and that must be before any vote under the previous
153-20 question has been taken;
153-21 (6) a motion to table a motion to reconsider the vote
153-22 by which the previous question has been ordered;
153-23 (7) a double motion to reconsider and table the vote
153-24 by which the previous question was ordered.
153-25 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
153-26 ORDERED. No motion for an adjournment or a recess shall be in
153-27 order after the previous question is ordered until the final vote
154-1 under the previous question has been taken, unless the roll call
154-2 shows the absence of a quorum.
154-3 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
154-4 adjourns without a quorum under the previous question, the previous
154-5 question shall remain in force and effect when the bill,
154-6 resolution, or other proposition is again laid before the house.
154-7 CHAPTER C. RECONSIDERATION
154-8 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
154-9 question has been decided by the house, any member voting with the
154-10 prevailing side may, on the same legislative day, or on the next
154-11 legislative day, move a reconsideration; however, if a
154-12 reconsideration is moved on the next legislative day, it must be
154-13 done before the order of the day, as designated in the ninth item
154-14 of Rule 6, Section 1(a), is taken up. If the house refuses to
154-15 reconsider, or on reconsideration, affirms its decision, no further
154-16 action to reconsider shall be in order.
154-17 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
154-18 yeas and nays have not been called for and recorded, any member,
154-19 regardless of whether he or she voted on the prevailing side or
154-20 not, may make the motion to reconsider; however, even when the yeas
154-21 and nays have not been recorded, the following shall not be
154-22 eligible to make a motion to reconsider:
154-23 (1) a member who was absent;
154-24 (2) a member who was paired and, therefore, did not
154-25 vote; and
154-26 (3) a member who was recorded in the journal as having
154-27 voted on the losing side.
155-1 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
155-2 reconsider shall be debatable only when the question to be
155-3 reconsidered is debatable. Even though the previous question was
155-4 in force before the vote on a debatable question was taken, debate
155-5 is permissible on the reconsideration of such debatable question.
155-6 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
155-7 shall be decided by a majority vote, even though the vote on the
155-8 original question requires a two-thirds vote for affirmative
155-9 action. If the motion to reconsider prevails, the question then
155-10 immediately recurs on the question reconsidered.
155-11 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
155-12 reconsider cannot be withdrawn unless permission is given by a
155-13 majority vote of the house, and the motion may be called up by any
155-14 member.
155-15 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
155-16 reconsider shall be subject to a motion to table, which, if
155-17 carried, shall be a final disposition of the motion to
155-18 reconsider.
155-19 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
155-20 motion to reconsider and table shall be in order. It shall be
155-21 undebatable. When carried, the motion to reconsider shall be
155-22 tabled. When it fails, the question shall then be on the motion to
155-23 reconsider, and the motion to reconsider shall, without further
155-24 action, be spread on the journal, but it may be called up by any
155-25 member, in accordance with the provisions of Section 44 of this
155-26 rule.
155-27 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
156-1 If a motion to reconsider is not disposed of when made, it shall be
156-2 entered in the journal, and cannot, after that legislative day, be
156-3 called up and disposed of unless one legislative day's notice has
156-4 been given.
156-5 (b) Unless called up and disposed of prior to 72 hours
156-6 before final adjournment of the session, all motions to reconsider
156-7 shall be regarded as determined and lost.
156-8 (c) All motions to reconsider made during the last 72 hours
156-9 of the session shall be disposed of when made; otherwise, the
156-10 motion shall be considered as lost.
156-11 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
156-12 member voting on the prevailing side may make a motion to
156-13 reconsider and spread on the journal, which does not require a
156-14 vote, and on the motion being made, it shall be entered on the
156-15 journal. Any member, regardless of whether he or she voted on the
156-16 prevailing side or not, who desires immediate action on a motion to
156-17 reconsider which has been spread on the journal, can call it up as
156-18 soon as it is made, and demand a vote on it, or can call it up and
156-19 move to table it.
156-20 (b) If the motion to table the motion to reconsider is
156-21 defeated, the motion to reconsider remains spread on the journal
156-22 for future action; however, any member, regardless of whether he or
156-23 she voted on the prevailing side or not, can call the motion from
156-24 the journal for action by the house, and, once disposed of, no
156-25 other motion to reconsider can be made.
156-26 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
156-27 the first 76 calendar days of a regular session, when any bill,
157-1 resolution, or other paper has been in committee for 6 calendar
157-2 days, exclusive of the calendar day on which it was referred, it
157-3 shall be in order for a member to move that the committee be
157-4 required to report the same within 7 calendar days. This motion
157-5 shall require a two-thirds vote for passage.
157-6 (b) After the first 76 calendar days of a regular session,
157-7 when any bill, resolution, or other paper has been in committee for
157-8 6 calendar days, exclusive of the calendar day on which it was
157-9 referred, it shall be in order for a member to move that the
157-10 committee be required to report the same within 7 calendar days.
157-11 This motion shall require a majority vote for passage.
157-12 (c) A motion to instruct a committee to report is not a
157-13 privileged motion and must be made during the routine motion period
157-14 unless made under a suspension of the rules.
157-15 (d) The house shall have no authority to instruct a
157-16 subcommittee directly; however, instructions recognized under the
157-17 rules may be given to a committee and shall be binding on all
157-18 subcommittees.
157-19 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE.
157-20 (a) During the first 76 calendar days of a regular session, when
157-21 any bill, resolution, or other paper has been in committee for 7
157-22 calendar days after the committee was instructed by the house to
157-23 report that measure by a motion made under Section 46 of this rule,
157-24 it shall be in order for a member to move to rerefer the bill,
157-25 resolution, or other paper to a different committee. This motion
157-26 shall require a two-thirds vote for passage.
157-27 (b) After the first 76 calendar days of a regular session,
158-1 when any bill, resolution, or other paper has been in committee for
158-2 7 calendar days after the committee has been instructed to report
158-3 that measure by a motion made under Section 46 of this rule, it
158-4 shall be in order for a member to move to rerefer the bill,
158-5 resolution, or other paper to a different committee. This motion
158-6 shall require a majority vote for passage.
158-7 (c) A motion to rerefer a bill, resolution, or other paper
158-8 from one committee to another committee is not a privileged motion
158-9 and must be made during the routine motion period unless made under
158-10 a suspension of the rules.
158-11 RULE 8. BILLS
158-12 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
158-13 must be incorporated in bills, which shall consist of:
158-14 (1) a title or caption, beginning with the words "A
158-15 Bill to be Entitled An Act" and a brief statement that gives the
158-16 legislature and the public reasonable notice of the subject of the
158-17 proposed measure;
158-18 (2) an enacting clause, "Be It Enacted by the
158-19 Legislature of the State of Texas"; and
158-20 (3) the bill proper.
158-21 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
158-22 revived or amended by reference to its title. The act revived, or
158-23 the section or sections amended, shall be reenacted and published
158-24 at length. This rule does not apply to revisions adopted under
158-25 Article III, Section 43, of the Texas Constitution.
158-26 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
158-27 (except a general appropriations bill, which may embrace the
159-1 various subjects and accounts for which money is appropriated or a
159-2 revision adopted under Article III, Section 43, of the Texas
159-3 Constitution) shall contain only one subject.
159-4 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
159-5 A general law may not be changed by the provisions in an
159-6 appropriations bill.
159-7 Sec. 5. COAUTHORSHIP, SPONSORSHIP, AND COSPONSORSHIP. (a)
159-8 Any member may become the coauthor of a bill or resolution by
159-9 securing permission from the author. No action shall be required
159-10 by the house, but it shall be the duty of the member seeking to be
159-11 a coauthor to obtain written authorization from the author. This
159-12 authorization shall be filed with the chief clerk at the same time
159-13 that the coauthor signs the bill or resolution. The chief clerk
159-14 shall report daily to the journal clerk the names of members filed
159-15 as coauthors of bills or resolutions. If a coauthor of a bill or
159-16 resolution desires to withdraw from such status, the member shall
159-17 notify the chief clerk, who in turn shall notify the journal clerk.
159-18 (b) The determination of the house sponsor of a senate
159-19 measure is made at the time the measure is reported from committee.
159-20 In the case of multiple requests for house sponsorship, the house
159-21 sponsor of a senate measure shall be determined by the chair of the
159-22 committee, in consultation with the senate author of the measure.
159-23 The chair of the committee may designate a primary sponsor and one
159-24 or more cosponsors.
159-25 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
159-26 Each bill shall be filed with the chief clerk when introduced and
159-27 shall be numbered in its regular order. Each bill shall be read
160-1 first time by caption and referred by the speaker to the
160-2 appropriate <standing> committee with <having> jurisdiction <as
160-3 determined by the provisions of Rule 3>.
160-4 Sec. 7. PREFILING. Beginning the first Monday after the
160-5 general election preceding the next regular legislative session, or
160-6 within 30 days prior to any special session, it shall be in order
160-7 to file with the chief clerk bills and resolutions for introduction
160-8 in that session. On receipt of the bills or resolutions, the chief
160-9 clerk shall number them and make them a matter of public record,
160-10 available for distribution. Once a bill or resolution has been so
160-11 filed, it may not be recalled. This shall apply only to
160-12 members-elect of the succeeding legislative session.
160-13 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
160-14 resolutions introduced during the first 60 calendar days of the
160-15 regular session may be considered by the committees and in the
160-16 house and disposed of at any time during the session, in accordance
160-17 with the rules of the house. After the first 60 calendar days of a
160-18 regular session, any bill or joint resolution, except local bills,
160-19 emergency appropriations, and all emergency matters submitted by
160-20 the governor in special messages to the legislature, shall require
160-21 an affirmative vote of four-fifths of those members present and
160-22 voting to be introduced.
160-23 Sec. 9. NUMBER OF COPIES FILED. (a) Twelve copies of every
160-24 bill, except bills relating to conservation and reclamation
160-25 districts and governed by the provisions of Article XVI, Section
160-26 59, of the Texas Constitution, must be filed with the chief clerk
160-27 at the time that the bill is introduced.
161-1 (b) Fifteen copies of every bill relating to conservation
161-2 and reclamation districts and governed by the provisions of Article
161-3 XVI, Section 59, of the Texas Constitution, with copies of the
161-4 notice to introduce the bill attached, must be filed with the chief
161-5 clerk at the time that the bill is introduced if the bill is
161-6 intended to:
161-7 (1) create a particular conservation and reclamation
161-8 district; or
161-9 (2) amend the act of a particular conservation and
161-10 reclamation district to:
161-11 (A) add additional land to the district;
161-12 (B) alter the taxing authority of the district;
161-13 (C) alter the authority of the district with
161-14 respect to issuing bonds; or
161-15 (D) alter the qualifications or terms of office
161-16 of the members of the governing body of the district.
161-17 (c) No bill may be laid before the house on first reading
161-18 until it is in compliance with the provisions of this section.
161-19 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
161-20 committee of the house may consider a local bill unless notice of
161-21 intention to apply for the passage of the bill was published as
161-22 provided by law and evidence of the publication was attached to the
161-23 bill on filing with the chief clerk.
161-24 (b) Neither the house nor a committee of the house may
161-25 consider a bill whose application is limited to one or more
161-26 political subdivisions by means of population brackets or other
161-27 artificial devices in lieu of identifying the political subdivision
162-1 or subdivisions by name. However, this subsection does not prevent
162-2 consideration of a bill that classifies political subdivisions
162-3 according to a minimum or maximum population or other criterion
162-4 that bears a reasonable relation to the purpose of the proposed
162-5 legislation or a bill that updates laws based on population
162-6 classifications to conform to a federal decennial census.
162-7 (c) Except as provided by Subsection (d) of this section,
162-8 "local bill" for purposes of this section means:
162-9 (1) a bill for which publication of notice is required
162-10 under Article XVI, Section 59, of the Texas Constitution (water
162-11 districts, etc.);
162-12 (2) a bill for which publication of notice is required
162-13 under Article IX, Section 9, of the Texas Constitution (hospital
162-14 districts);
162-15 (3) a bill relating to hunting, fishing, or
162-16 conservation of wildlife resources of a specified locality;
162-17 (4) a bill creating or affecting a county court or
162-18 statutory court or courts of one or more specified counties or
162-19 municipalities;
162-20 (5) a bill creating or affecting the juvenile board or
162-21 boards of a specified county or counties; or
162-22 (6) a bill creating or affecting a road utility
162-23 district under the authority of Article III, Section 52, of the
162-24 Texas Constitution.
162-25 (d) A bill is not considered to be a local bill under
162-26 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
162-27 localities, counties, or municipalities so as to be of general
163-1 application or of statewide importance.
163-2 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
163-3 considered unless it first has been referred to a committee and
163-4 reported from it.
163-5 (b) After a bill has been recommitted, it shall be
163-6 considered by the committee as a new subject.
163-7 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
163-8 before the house shall be taken up and acted on in the order in
163-9 which they appear on their respective calendars, and each calendar
163-10 shall have the priority accorded to it by the provisions of Rule 6,
163-11 Sections 7 and 8.
163-12 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
163-13 that is local as defined by Section 10(c) of this rule shall be
163-14 considered for any purpose after the 130th day of a regular
163-15 session, except to:
163-16 (1) act on senate amendments;
163-17 (2) adopt a conference committee report;
163-18 (3) reconsider the bill to make corrections; or
163-19 (4) pass the bill notwithstanding the objections of
163-20 the governor.
163-21 (b) No other house bill or joint resolution shall be
163-22 considered for any purpose after the 123rd day of a regular
163-23 session, except to:
163-24 (1) act on senate amendments;
163-25 (2) adopt a conference committee report;
163-26 (3) reconsider the bill or resolution to make
163-27 corrections; or
164-1 (4) pass the bill notwithstanding the objections of
164-2 the governor.
164-3 (c) No senate bill or joint resolution shall be considered
164-4 for any purpose after the 135th day of a regular session, except
164-5 to:
164-6 (1) adopt a conference committee report;
164-7 (2) reconsider the bill or resolution to remove house
164-8 amendments;
164-9 (3) reconsider the bill or resolution to make
164-10 corrections; or
164-11 (4) pass the bill notwithstanding the objections of
164-12 the governor.
164-13 (d) The speaker shall not lay any bill or joint resolution
164-14 before the house or permit a vote to be taken on its passage on the
164-15 136th and 137th days of a regular session, except to:
164-16 (1) act on senate amendments;
164-17 (2) adopt a conference committee report;
164-18 (3) reconsider the bill or resolution to remove house
164-19 amendments;
164-20 (4) reconsider the bill or resolution to make
164-21 corrections; or
164-22 (5) pass the bill notwithstanding the objections of
164-23 the governor.
164-24 (e) The speaker shall not lay any bill or joint resolution
164-25 before the house or permit a vote to be taken on its passage on the
164-26 138th and 139th days of a regular session, except to:
164-27 (1) adopt a conference committee report;
165-1 (2) reconsider the bill or resolution to remove house
165-2 amendments;
165-3 (3) reconsider the bill or resolution to make
165-4 corrections; or
165-5 (4) pass the bill notwithstanding the objections of
165-6 the governor.
165-7 (f) No vote shall be taken upon the passage of any bill or
165-8 resolution within 24 hours of the final adjournment of a regular
165-9 session unless it be to reconsider the bill or resolution to make
165-10 corrections, or to adopt a corrective resolution <or senate bill on
165-11 its second reading, except an appropriations bill, shall be
165-12 considered for any purpose during the last 72 hours preceding the
165-13 final adjournment of the legislature. The speaker shall not
165-14 recognize anyone to take up a bill out of its regular order within
165-15 48 hours of final adjournment; nor shall the speaker lay any bill
165-16 before the house or take a vote on its passage within 24 hours of
165-17 the final adjournment of the legislature, except to adopt a
165-18 conference committee report or to concur in senate amendments>.
165-19 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
165-20 (a) A printed copy of each bill or resolution, except <a bill on
165-21 an emergency calendar and> the general appropriations bill, shall
165-22 be placed in the newspaper mailbox of each member at least 36 hours
165-23 if convened in regular session and 24 hours if convened in special
165-24 session before the bill can be considered by the house on second
165-25 reading. <A copy of a bill on an emergency calendar shall be
165-26 placed in the newspaper mailbox of each member at least 48 hours
165-27 before the bill can be considered by the house.> A printed copy of
166-1 the general appropriations bill shall be placed in the newspaper
166-2 mailbox of each member at least 168 hours during a regular session
166-3 and at least 72 hours during a special session before the bill can
166-4 be considered by the house on second reading.
166-5 (b) By majority vote, the house may order both the original
166-6 bill or resolution and the complete committee substitute to be
166-7 printed. It shall not be necessary for the house to order complete
166-8 committee substitutes printed in lieu of original bills.
166-9 (c) A two-thirds vote of the house is necessary to order
166-10 that bills, other than local bills, be not printed. It shall not
166-11 be necessary for the house to order that local bills be not
166-12 printed.
166-13 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
166-14 have the force of law until it has been read on three several
166-15 legislative days in each house and free discussion allowed, unless,
166-16 in case of imperative public necessity (which necessity shall be
166-17 stated in the preamble or in the body of the bill), this provision
166-18 is suspended by a vote of four-fifths of the members present and
166-19 voting, a quorum being present. The yeas and nays shall be taken
166-20 on the question of suspension and entered in the journal. <As
166-21 used in this section, "an imperative public necessity" means only a
166-22 condition or state of affairs that, if not immediately remedied,
166-23 shall cause great loss of life or property. The speaker shall not
166-24 entertain a motion to suspend the constitutional rule unless it
166-25 definitely appears that such a condition or state of affairs
166-26 actually exists.>
166-27 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
167-1 consideration of any bill or resolution, the house may, by a
167-2 majority vote, order the bill or resolution to be considered
167-3 section by section, or department by department, until each section
167-4 or department has been given separate consideration. If such a
167-5 procedure is ordered, only amendments to the section or department
167-6 under consideration at that time shall be in order. However, after
167-7 each section or department has been considered separately, the
167-8 entire bill or resolution shall be open for amendment, subject to
167-9 the provisions of Rule 11 <12>, Section 8(b). Once the
167-10 consideration of a bill section by section or department by
167-11 department has been ordered, it shall not be in order to move the
167-12 previous question on the entire bill, to recommit it, to lay it on
167-13 the table, or to postpone it, until each section or department has
167-14 been given separate consideration or until the vote by which
167-15 section by section consideration was ordered is reconsidered.
167-16 (b) A motion to consider a bill section by section is
167-17 debatable within narrow limits; that is, the pros and cons of the
167-18 proposed consideration can be debated but not the merits of the
167-19 bill.
167-20 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
167-21 bill or complete committee substitute for a bill has been taken up
167-22 and read, amendments shall be in order. If no amendment is made,
167-23 or if those proposed are disposed of, then the final question on
167-24 its second reading shall be, in the case of a house bill, whether
167-25 it shall be passed to engrossment, or, in the case of a senate
167-26 bill, whether it shall pass to its third reading. All bills
167-27 ordered passed to engrossment or passed to a third reading shall
168-1 remain on the calendar on <to> which placed <assigned>, but with
168-2 future priority over bills on the same calendar that have not
168-3 passed second reading.
168-4 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
168-5 shall certify the final passage of each bill, noting on the bill
168-6 the date of its passage, and the vote by which it passed, if by a
168-7 yea and nay vote.
168-8 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
168-9 resolution to recall a bill from the senate shall be in order if a
168-10 motion to reconsider the vote by which the bill finally passed has
168-11 been made and adopted within the time prescribed by the rules.
168-12 Sec. 20. EFFECTIVE DATE. Every law passed by the
168-13 legislature, except the General Appropriations Act, shall take
168-14 effect or go into force 90 days after the adjournment of the
168-15 session at which it was enacted. In case of an emergency, which
168-16 must be expressed in a preamble or in the body of the act, the
168-17 legislature may, by a vote of two-thirds of all the members elected
168-18 to each house, provide otherwise. The vote shall be taken by yeas
168-19 and nays and entered in the journals.
168-20 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
168-21 After a bill or resolution has been considered and defeated by
168-22 either house of the legislature, no bill or resolution containing
168-23 the same substance shall be passed into law during the same
168-24 session.
168-25 <RULE 9. APPROPRIATIONS BILLS>
168-26 <Sec. 1. PURPOSE OF RULE. (a) The purpose of this rule is
168-27 to strengthen and make more deliberative the process of budgeting
169-1 state government by bringing into the process the consideration and
169-2 the recommendations of standing committees having jurisdiction over
169-3 the various agencies and institutions, and toward this end this
169-4 rule shall be liberally construed.>
169-5 <(b) This rule governs consideration of general
169-6 appropriations bills and other appropriations bills referred to the
169-7 Committee on Appropriations as provided by these rules. This rule
169-8 is cumulative of other rules governing consideration of bills, but
169-9 to the extent of any conflict between this rule and other rules,
169-10 the provisions of this rule prevail.>
169-11 <(c) The provisions of this rule do not apply during a
169-12 special session of the legislature.>
169-13 <Sec. 2. SUBSTANTIVE COMMITTEES DEFINED. In this rule,
169-14 "substantive committee" means a standing committee, other than the
169-15 Committee on Appropriations and the Committee on Government
169-16 Organization to which a portion or portions of an appropriations
169-17 bill is or may be referred under the provisions of this rule.>
169-18 <Sec. 3. ASSIGNMENT TO SUBSTANTIVE COMMITTEES. As soon as
169-19 possible after an appropriations bill has been referred to the
169-20 Committee on Appropriations, the chair of the Committee on
169-21 Appropriations shall assign to each substantive committee having
169-22 jurisdiction over agencies or institutions affected by the bill the
169-23 portion or portions of the bill affecting those agencies or
169-24 institutions. Jurisdiction is determined under Rule 3, provided
169-25 that should a conflict in jurisdiction occur, the speaker shall
169-26 determine the committee having jurisdiction over the agency or
169-27 institution. The assignment shall be in a form determined by the
170-1 chair of the Committee on Appropriations and shall be recorded in
170-2 the journal. The assignment does not have the effect of removing
170-3 the bill or any portion of the bill from the custody of the
170-4 Committee on Appropriations.>
170-5 <Sec. 4. ASSERTION OF JURISDICTION. (a) Within a
170-6 reasonable time, specified in writing by the chair of the Committee
170-7 on Appropriations, the budget and oversight subcommittee of each
170-8 substantive committee, other than those substantive committees
170-9 listed in Section 7(c) of this rule, shall notify the chair of the
170-10 Committee on Appropriations, in writing, of the assigned agencies
170-11 or programs within an agency that the budget and oversight
170-12 subcommittee asserts jurisdiction over for the purpose of
170-13 developing budget recommendations.>
170-14 <(b) For those substantive committees listed in Section 7(c)
170-15 of this rule, the chair of the committee shall notify the chair of
170-16 the Committee on Appropriations, in writing, of the assigned
170-17 agencies or programs within an agency that the committee asserts
170-18 jurisdiction over for the purpose of developing budget
170-19 recommendations.>
170-20 <(c) Those agencies or parts of agencies over which the
170-21 substantive committee does not assert jurisdiction are under the
170-22 jurisdiction of the Committee on Appropriations.>
170-23 <Sec. 5. NONASSIGNABLE ITEMS. (a) The chair of the
170-24 Committee on Appropriations shall not assign to any substantive
170-25 committee:>
170-26 <(1) any part of Article V of the general
170-27 appropriations bill;>
171-1 <(2) any part of the Special Provisions of Article I,
171-2 II, or III of the general appropriations bill;>
171-3 <(3) line-item salaries;>
171-4 <(4) salaries of classified or unclassified personnel
171-5 or professional fees and services; or>
171-6 <(5) any other matter affecting state agencies or
171-7 institutions in general.>
171-8 <(b) The Committee on Appropriations shall develop
171-9 guidelines on these matters, which shall be used by the substantive
171-10 committee in formulating its recommendations. No assignment made
171-11 under this section shall be construed to have an effect contrary to
171-12 this subsection.>
171-13 <Sec. 6. CONSIDERATION AND RECOMMENDATIONS. The substantive
171-14 committee shall consider the portions of the appropriations bill
171-15 assigned to it. The consideration is subject to the applicable
171-16 rules of the house and to any applicable rules of the substantive
171-17 committee. The recommendations of the substantive committee shall
171-18 be transmitted to the chair of the Committee on Appropriations
171-19 before a deadline set by that chair. The chair of the Committee on
171-20 Appropriations may prescribe the form of the recommendations. The
171-21 recommendations of a substantive committee shall be adopted by a
171-22 majority of the membership of the committee.>
171-23 <Sec. 7. SUBCOMMITTEES FOR BUDGET AND OVERSIGHT. (a)
171-24 Except for those substantive committees listed in Subsection (c) of
171-25 this section, the speaker shall designate as chair and vice-chair
171-26 for budget and oversight members of each substantive committee to
171-27 which assignments may be made under this rule, and those members
172-1 shall serve as chair and vice-chair of the subcommittees for budget
172-2 and oversight. The speaker shall appoint from the membership of
172-3 the substantive committee the subcommittee for budget and oversight
172-4 and shall fill all vacancies. Each subcommittee shall consist of
172-5 five members. The chair for budget and oversight is primarily
172-6 responsible for developing the recommendations of the substantive
172-7 committee for presentation to the Committee on Appropriations and
172-8 shall perform other duties as prescribed by this rule or as
172-9 determined by the substantive committee.>
172-10 <(b) In addition to any duties and responsibilities
172-11 delegated in this rule, each subcommittee for budget and oversight
172-12 shall perform oversight functions for those areas within its
172-13 jurisdiction.>
172-14 <(c) For the following substantive committees, the chair of
172-15 the substantive committee will also serve as the chair for budget
172-16 and oversight, and the budget and oversight functions will be
172-17 performed by the full committee rather than a budget and oversight
172-18 subcommittee: County Affairs; Criminal Jurisprudence; Judiciary;
172-19 Retirement and Aging; Science and Technology; State, Federal, and
172-20 International Relations; and Urban Affairs.>
172-21 <Sec. 8. SCHEDULE OF HEARINGS. (a) After consultation with
172-22 the chair for budget and oversight, the chair of the Committee on
172-23 Appropriations shall develop and post a calendar specifying the
172-24 dates and times for subcommittees for budget and oversight or
172-25 substantive committees to hold public hearings or, at the
172-26 discretion of the chair of the Committee on Appropriations, joint
172-27 public hearings with the Committee on Appropriations, on the
173-1 proposed appropriations for each agency, or parts of an agency,
173-2 over which the substantive committee asserted its jurisdiction.>
173-3 <(b) Following a joint public hearing, or if no joint
173-4 hearing is scheduled, following a public hearing of a subcommittee
173-5 for budget and oversight, the subcommittee shall prepare its
173-6 recommendations for the agency heard and report them to the
173-7 substantive committee. The substantive committee shall file
173-8 written recommendations with the Committee on Appropriations within
173-9 seven calendar days after the conclusion of a budget and oversight
173-10 hearing unless the time for filing has been extended by the chair
173-11 of the Committee on Appropriations. If a substantive committee
173-12 report has not been filed at the time set by the chair of the
173-13 Committee on Appropriations, the report will not be received or
173-14 considered.>
173-15 <Sec. 9. ADDITIONAL HEARINGS. A subcommittee, substantive
173-16 committee, or the Committee on Appropriations may conduct public
173-17 hearings in addition to the joint hearing provided for by Section 8
173-18 of this rule.>
173-19 <Sec. 10. POSTING NOTICE OF MEETINGS. Posting of the
173-20 schedule of joint hearings developed by the chair of the Committee
173-21 on Appropriations and the chair for budget and oversight at least
173-22 five days in advance of the initial joint hearing shall serve as
173-23 notice for all public and formal meetings of subcommittees and
173-24 substantive committees on budget and oversight assigned to
173-25 substantive committees, other than additional hearings conducted
173-26 under Section 9 of this rule. This provision shall take precedence
173-27 over any rules to the contrary.>
174-1 <Sec. 11. CONSIDERATION OF SUBSTANTIVE COMMITTEE
174-2 RECOMMENDATIONS. (a) The Committee on Appropriations shall
174-3 consider the recommendations of each substantive committee if
174-4 received before the deadline unless the records of the substantive
174-5 committee show that the recommendations were not adopted by a
174-6 majority of the membership of the committee.>
174-7 <(b) The Committee on Appropriations need not consider any
174-8 recommendation on items included in the scope of Section 5 of this
174-9 rule.>
174-10 <Sec. 12. ACTION ALLOWED ON RECOMMENDATIONS. With regard to
174-11 recommendations that the Committee on Appropriations is required to
174-12 consider, the committee may, by a majority vote of the members
174-13 present and voting, a quorum being present, reduce any item and
174-14 reduce or eliminate any program recommended. The committee may not
174-15 increase any item over the amount recommended or fund any program
174-16 that the substantive committee recommends be terminated, except on
174-17 the vote of two-thirds of the members present and voting, a quorum
174-18 being present.>
174-19 <Sec. 13. CONSIDERATION ON HOUSE FLOOR. On second reading
174-20 of an appropriations bill, any violation of the provisions of this
174-21 rule is subject to a point of order if a point of order was timely
174-22 raised before the Committee on Appropriations and overruled. If a
174-23 point of order is sustained by the speaker, the ruling does not
174-24 affect the continued consideration of the bill, but the speaker
174-25 shall direct that the appropriate change be made in the report of
174-26 the Committee on Appropriations. Nothing in this section affects
174-27 the right of a member to propose amendments to the bill.>
175-1 Sec. 22 <14>. CONSIDERATION OF BILLS INVOLVING STATE FUNDS.
175-2 (a) In order to assure the continuation of financial support of
175-3 existing state services through the passage of the general
175-4 appropriations bill, it shall not be in order during the first 120
175-5 days of the regular session for the speaker to lay before the
175-6 house, prior to the consideration, passage, and certification by
175-7 the comptroller of the general appropriations bill, any bill that
175-8 directly or indirectly prevents from being available for purposes
175-9 of funding state government generally any money that under existing
175-10 law would otherwise be available for that purpose, including a bill
175-11 that transfers or diverts money in the state treasury from the
175-12 general revenue fund to another fund.
175-13 (b) In order to assure compliance with the limitation on
175-14 appropriations of state tax revenue not dedicated by the
175-15 constitution as provided by Article VIII, Section 22, of the Texas
175-16 Constitution, it is not in order for the speaker to lay before the
175-17 house, prior to the time that the general appropriations bill has
175-18 been finally passed and sent to the comptroller, any bill that
175-19 appropriates funds from the state treasury that are not dedicated
175-20 by the constitution.
175-21 (c) When bills subject to the provisions of Subsection (a)
175-22 of this section become eligible for consideration, they shall be
175-23 considered for passage under the rules of the house and the joint
175-24 rules as any other bill but shall not be signed by the speaker as
175-25 required by the Constitution of Texas and the rules of the house
175-26 until the general appropriations bill has been signed by the
175-27 presiding officers of both houses of the legislature and
176-1 transmitted to the comptroller of public accounts for certification
176-2 as required by Article III, Section 49a, of the Constitution of
176-3 Texas.
176-4 (d) All bills subject to the provisions of Subsection (a) of
176-5 this section that have finally passed both houses shall be enrolled
176-6 as required by the rules and transmitted to the speaker. The
176-7 speaker shall note on each bill the date and hour of final
176-8 legislative action and shall withhold his or her signature and any
176-9 further action on all such bills until the general appropriations
176-10 bill has been signed by the presiding officers of both houses and
176-11 transmitted to the comptroller of public accounts for
176-12 certification. Immediately thereafter, the speaker shall sign in
176-13 the presence of the house all bills on which further action was
176-14 being withheld because the bills were subject to the provisions of
176-15 this section. After being signed by the speaker, the bills shall
176-16 then be transmitted to the comptroller of public accounts for
176-17 certification or to the governor, as the case may be, in the order
176-18 in which final legislative action was taken. "Final legislative
176-19 action," as that term is used in this subsection, shall mean the
176-20 last act of either house meeting in general session necessary to
176-21 place the bill in its final form preparatory to enrollment.
176-22 (e) Subsections (a)-(d) of this section shall not apply to
176-23 any bills providing for:
176-24 (1) the payment of expenses of the legislature;
176-25 (2) the payment of judgments against the state;
176-26 (3) any emergency matter when requested by the
176-27 governor in a formal message to the legislature; or
177-1 (4) the reduction of taxes.
177-2 (f) Unless within the authority of a resolution or
177-3 resolutions adopted pursuant to Article VIII, Section 22(b), of the
177-4 Texas Constitution, it is not in order for the house to consider
177-5 for final passage on third reading, on motion to concur in senate
177-6 amendments, or on motion to adopt a conference committee report, a
177-7 bill appropriating funds from the state treasury in an amount that,
177-8 when added to amounts previously appropriated by bills finally
177-9 passed and sent or due to be sent to the comptroller, would exceed
177-10 the limit on appropriations established under Chapter 316,
177-11 Government Code.
177-12 (g) The general appropriations bill shall be reported to the
177-13 house by the Committee on Appropriations not later than the 90th
177-14 calendar day of the regular session. Should the Committee on
177-15 Appropriations fail to report by the deadline, Subsections (a)-(d)
177-16 of this section shall be suspended for the balance of that regular
177-17 session.
177-18 RULE 9 <10>. JOINT RESOLUTIONS
177-19 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
177-20 proposed amendment to the Texas Constitution shall take the form of
177-21 a joint resolution, which shall be subject to the rules that govern
177-22 the proceedings on bills, except as provided by this section.
177-23 (b) A joint resolution is not subject to the provisions of
177-24 Rule 8, Section 3, or Rule 11, Section 3.
177-25 (c) A joint resolution <that it> shall be adopted on any
177-26 reading after the first if it receives a two-thirds vote of the
177-27 elected membership of the house. If such a joint resolution
178-1 receives only a majority vote on second reading, it shall be passed
178-2 to engrossment, and subsequent proceedings shall be the same as
178-3 those governing the final passage of bills which have been passed
178-4 to engrossment. If such a joint resolution does not receive a
178-5 two-thirds vote of the elected membership of the house on third
178-6 reading and final passage, it shall fail of adoption.
178-7 Sec. 2. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.
178-8 Ratification by Texas of a proposed amendment to the Constitution
178-9 of the United States shall take the form of a joint resolution,
178-10 which shall be subject to the rules that govern the proceedings on
178-11 bills, except that it shall be adopted on second reading if it
178-12 receives a majority vote of the members present and voting, a
178-13 quorum being present. If such a joint resolution fails to receive
178-14 a majority vote, it shall fail of adoption and shall not be
178-15 considered again unless revived by a motion to reconsider as
178-16 otherwise provided in the rules.
178-17 Sec. 3. PLACEMENT <ASSIGNMENT> OF JOINT RESOLUTIONS ON <TO>
178-18 A CALENDAR. Joint resolutions on committee report shall be
178-19 referred to the Committee on Calendars for placement on <assignment
178-20 to> an appropriate calendar. The Committee on Calendars shall
178-21 maintain a separate calendar for house joint resolutions and a
178-22 separate calendar for senate joint resolutions. Senate joint
178-23 resolutions shall be considered on calendar Wednesdays and calendar
178-24 Thursdays along with senate bills.
178-25 RULE 10 <11>. HOUSE RESOLUTIONS, <AND> CONCURRENT
178-26 RESOLUTIONS, AND MOTIONS
178-27 Sec. 1. FILING. Resolutions shall be introduced by the
179-1 filing of 12 identical copies with the chief clerk, who shall
179-2 number and record house resolutions in one series and concurrent
179-3 resolutions in a separate series.
179-4 Sec. 2. REFERRAL TO <STANDING> COMMITTEE. (a) After
179-5 numbering and recording, all resolutions shall be sent to the
179-6 speaker for referral to the proper committee.
179-7 (b) Resolutions proposing the expenditure of money out of
179-8 the contingent expense fund of the legislature shall be referred to
179-9 the Committee on House Administration.
179-10 (c) All other resolutions shall be referred to the
179-11 appropriate <standing> committee with <having> jurisdiction <as
179-12 determined by the provisions of Rule 3>.
179-13 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
179-14 on committee report, other than privileged resolutions, shall be
179-15 referred immediately to the appropriate calendars committee for
179-16 placement on <assignment to> the appropriate calendar.
179-17 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
179-18 resolutions shall be considered by the house only at the time
179-19 assigned for their consideration on the calendar, in accordance
179-20 with the provisions of Rule 6, Section 7.
179-21 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
179-22 take the same course as house resolutions, except that they shall
179-23 be sent to the governor for signing when finally passed by both
179-24 houses.
179-25 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
179-26 office of mascot shall be named in and elected by a single house
179-27 resolution.
180-1 (b) Only children of house members who are under the age of
180-2 12 years shall be eligible for election to the honorary office of
180-3 mascot. A child once named a mascot shall not be eligible for the
180-4 honor a second time.
180-5 (c) No separate classification or special title shall be
180-6 given to any mascot, but all shall receive the same title of
180-7 honorary mascot of the house of representatives.
180-8 (d) The speaker shall issue a certificate showing the
180-9 election of each mascot and deliver it to the parent member of the
180-10 child.
180-11 Pictures of mascots shall appear on the panel picture of the
180-12 house.
180-13 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED SESSIONS.
180-14 The subject matter of house resolutions and concurrent resolutions
180-15 does not have to be submitted by the governor in a called session
180-16 before they can be considered.
180-17 Sec. 8. MOTIONS. There shall be motions to congratulate and
180-18 to memorialize. The motions shall be in writing on forms approved
180-19 by the Committee on House Administration and filed with and
180-20 numbered by the chief clerk. After numbering, the chief clerk
180-21 shall transmit the motions to the Committee on Rules and
180-22 Resolutions. All such motions shall be screened by the Committee
180-23 on Rules and Resolutions to determine their appropriateness for
180-24 placement on the motions calendar of the congratulatory and
180-25 memorial calendar for floor consideration. After adoption by the
180-26 house, the evidence of such action shall be prepared for the
180-27 signatures of the speaker and chief clerk, who shall affix the seal
181-1 of the house, on forms approved and provided by the Committee on
181-2 House Administration.
181-3 RULE 11 <12>. AMENDMENTS
181-4 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
181-5 resolution, motion, or proposition is under consideration, a motion
181-6 to amend and a motion to amend that amendment shall be in order.
181-7 It shall also be in order to offer a further amendment by way of a
181-8 substitute. Such a substitute may not be amended. If the
181-9 substitute is adopted, the question shall then be on the amendment
181-10 as substituted, and under this condition an amendment is not in
181-11 order.
181-12 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
181-13 AMENDMENTS. No motion or proposition on a subject different from
181-14 the subject under consideration shall be admitted as an amendment
181-15 or as a substitute for the motion or proposition under debate.
181-16 "Proposition" as used in this section shall include a bill,
181-17 resolution, joint resolution, or any other motion which is
181-18 amendable.
181-19 Amendments pertaining to the organization, powers,
181-20 regulation, and management of the agency, commission, or advisory
181-21 committee under consideration are germane to bills extending state
181-22 agencies, commissions, or advisory committees under the provisions
181-23 of the Texas Sunset Act (Chapter 325, Government Code).
181-24 An amendment to a committee substitute laid before the house
181-25 in lieu of an original bill is germane if each subject of the
181-26 amendment is a subject that is included in the committee substitute
181-27 or was included in the original bill.
182-1 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
182-2 bill shall be amended in its passage through either house so as to
182-3 change its original purpose.
182-4 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
182-5 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
182-6 resolution shall not be in order during its consideration on a
182-7 local, consent, or resolutions calendar set by the Committee on
182-8 Local and Consent Calendars, unless the amendments have first been
182-9 submitted to and approved by the Committee on Local and Consent
182-10 Calendars, which shall be noted thereon by the chair of the
182-11 Committee on Local and Consent Calendars prior to the offering of
182-12 the amendments.
182-13 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
182-14 taken up on its third reading, amendments shall be in order, but
182-15 shall require a two-thirds vote of the members present for their
182-16 adoption. A bill on third reading may be recommitted to a
182-17 committee and later reported to the house with amendments, in which
182-18 case the bill shall again take the course of a bill at its second
182-19 reading.
182-20 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
182-21 amendment shall be filed with the speaker. When the amendment is
182-22 read, two copies shall go to the chief clerk, one copy to the
182-23 journal clerk, one copy to the reading clerk, and one copy to the
182-24 speaker. No amendment offered from the floor shall be in order
182-25 unless the sponsoring member has complied with the provisions of
182-26 this section <subsection> with respect to copies of the amendment.
182-27 (b) Prior to the time that an amendment is offered, if the
183-1 amendment exceeds one page in length, the sponsoring member must
183-2 provide to the chief clerk a minimum of 15 copies to be available
183-3 for distribution to those members requesting copies of the
183-4 amendment.
183-5 (c) If the amendment is only one page in length or less, the
183-6 sponsoring member must provide one additional copy of the amendment
183-7 to the chief clerk, who shall immediately proceed to have
183-8 additional copies made and available for those members requesting
183-9 copies of the amendment.
183-10 (d) The provisions of this section with respect to extra
183-11 copies shall not apply to committee amendments or to amendments
183-12 which do nothing more than delete material from the bill or
183-13 resolution.
183-14 (e) The speaker shall not recognize a member to offer an
183-15 original amendment that exceeds one page in length and that is in
183-16 the form of a complete substitute for the bill or resolution laid
183-17 before the house, or in the opinion of the speaker is a substantial
183-18 substitute, unless 25 copies of the amendment have been provided to
183-19 the chief clerk and have been available in the chief clerk's office
183-20 for at least 12 hours prior to the time the calendar on which the
183-21 bill or resolution to be amended is eligible for consideration.
183-22 (f) An amendment may be typed, hand-printed, or handwritten,
183-23 but must be legible in order to be offered.
183-24 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
183-25 motions to amend shall be offered in the following order:
183-26 (1) motions to amend by striking out the enacting
183-27 clause of a bill (or the resolving clause of a resolution), which
184-1 amendment cannot be amended or substituted;
184-2 (2) motions to amend an original bill, resolution,
184-3 motion, or proposition (other than substitute bills as provided for
184-4 in Subdivision (3) below), which shall have precedence as follows:
184-5 (A) original amendment;
184-6 (B) amendment to the amendment;
184-7 (C) substitute for the amendment to the
184-8 amendment.
184-9 Recognition for the offering of original amendments shall be
184-10 as follows: first, the main author; second, the member or members
184-11 offering the committee amendment; and third, members offering other
184-12 amendments from the floor;
184-13 (3) motions to amend an original bill by striking out
184-14 all after the enacting clause (substitute bills), which substitute
184-15 bills shall be subject to amendment as follows:
184-16 (A) amendment to the substitute bill;
184-17 (B) substitute for the amendment to the
184-18 substitute bill.
184-19 Recognition for offering such substitute bills shall be as
184-20 follows: first, the main author of the original bill, if the
184-21 member has not sought to perfect the bill by amendments as provided
184-22 for in Subdivision (2) above; second, the member or members
184-23 offering the committee amendment; and, third, members offering
184-24 amendments from the floor.
184-25 It shall be in order under the procedure described in this
184-26 subdivision to have as many as four complete measures pending
184-27 before the house at one time; that is, an original bill, an
185-1 amendment striking out all after the enacting clause of the bill
185-2 and inserting a new bill body, an amendment to the amendment
185-3 striking out all after the enacting clause of the bill and
185-4 inserting a new bill body, and a substitute for this amendment to
185-5 the amendment to the original bill which is also a new bill body.
185-6 These "substitute bills" shall be voted on in the reverse order of
185-7 their offering;
185-8 (4) motions to amend the caption of a bill or joint
185-9 resolution, which may also be offered in accordance with Section
185-10 9(a) of this rule.
185-11 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
185-12 out and to insert new matter in lieu of that to be stricken out
185-13 shall be regarded as a substitute and shall be indivisible.
185-14 (b) Matter inserted or stricken out of an original bill by
185-15 way of amendment may not be taken out or reinserted at a later time
185-16 on the same reading except under the following conditions:
185-17 (1) reconsideration of the inserting or deleting
185-18 amendment;
185-19 (2) adoption of a "substitute bill" amendment;
185-20 (3) adoption of an amendment for a whole paragraph,
185-21 section or subdivision of a bill which so materially changes the
185-22 original text that the portion inserted or deleted is in fact of
185-23 minor importance.
185-24 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
185-25 of a bill or resolution shall not be in order until all other
185-26 proposed amendments have been acted on and the house is ready to
185-27 vote on the passage of the measure, and it shall then be decided
186-1 without debate.
186-2 (b) If the previous question has been ordered on a bill or
186-3 joint resolution at any reading, an amendment to the caption of
186-4 that bill or joint resolution may be offered and voted on
186-5 immediately preceding the final vote on the bill or joint
186-6 resolution.
186-7 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
186-8 amendments shall be admitted only when seconded by 25 members. The
186-9 motion may take either of two forms:
186-10 (1) to limit amendments to those pending before the
186-11 house; or
186-12 (2) to limit amendments to those pending on the
186-13 speaker's desk.
186-14 (b) The motion shall be put by the chair in this manner:
186-15 "The motion has been seconded. Three minutes pro and con debate
186-16 will be allowed on the motion to limit amendments." As soon as the
186-17 debate has ended, the chair shall continue: "As many as are in
186-18 favor of limiting amendments on (here state on which question or
186-19 questions) will say 'Aye,'" and then "As many as are opposed say
186-20 'Nay.'" As in all other propositions, a motion to limit amendments
186-21 shall be decided by a record vote if demanded by three members. If
186-22 ordered by a majority of the members voting, a quorum being
186-23 present, the motion shall have the effect of confining further
186-24 debate and consideration to those amendments included within the
186-25 motion, and thereafter the chair will accept no more amendments to
186-26 the proposition to which the motion is applied.
186-27 (c) The motion to limit amendments, if adopted, shall not in
187-1 any way cut off or limit debate or other parliamentary maneuvers on
187-2 the pending proposition or propositions or amendment or amendments
187-3 included within the motion. The sole function of the motion is to
187-4 prevent the chair from accepting further amendments to the
187-5 proposition to which the motion is applied.
187-6 (d) Except as otherwise provided, the motion to limit
187-7 amendments shall have no effect on the parliamentary situation to
187-8 which the motion is applied, and the matter to which the motion is
187-9 applied shall continue to be considered by the house in all other
187-10 respects as though the motion had not been made.
187-11 (e) The amendments that are included within the motion to
187-12 limit amendments shall each be subject to amendment, if otherwise
187-13 permitted under the rules.
187-14 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
187-15 motion to limit amendments is not subject to a motion to table.
187-16 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
187-17 is offered, followed by an amendment to that amendment, and then a
187-18 substitute for the amendment to the amendment, these questions
187-19 shall be voted on in the reverse order of their offering.
187-20 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
187-21 amendment is adopted, such action shall be certified by the chief
187-22 clerk on the amendment, and the official copy of the amendment
187-23 shall then be securely attached to the bill or resolution which it
187-24 amends.
187-25 RULE 12 <13>. PRINTING
187-26 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
187-27 Except as otherwise provided in this rule, all bills and joint
188-1 resolutions shall be printed and a copy provided to each member at
188-2 each of the following stages in the parliamentary progress of the
188-3 bill or joint resolution:
188-4 (1) at the time of the committee report on the bill or
188-5 joint resolution, which shall be known as "First Printing" and
188-6 which shall consist of:
188-7 (A) a complete text of the bill or joint
188-8 resolution as reported from committee;
188-9 (B) a complete copy of the committee bill
188-10 analysis;
188-11 (C) the text of the committee report;
188-12 (D) the record vote by which the measure was
188-13 reported from committee, including the vote of individual members;
188-14 (E) a copy of the latest fiscal note or fiscal
188-15 statement prepared by the author;
188-16 (F) a copy of the latest actuarial impact
188-17 statement <analysis>;
188-18 (G) a copy of the latest criminal justice policy
188-19 impact statement;
188-20 (H) a copy of the latest equalized education
188-21 funding impact statement; and
188-22 (I) a copy of the latest water development
188-23 policy impact statement;
188-24 (2) at the time the bill or joint resolution, if
188-25 amended, finally passes the senate, senate amendments and house
188-26 engrossment text will be printed, which shall be known as "Second
188-27 Printing"; and
189-1 (3) at the time the conference committee, if any,
189-2 makes its report on the bill or joint resolution, which shall be
189-3 known as "Third Printing."
189-4 (b) In any section of the first printing of a bill or joint
189-5 resolution that proposes to amend an existing statute or
189-6 constitutional provision, language sought to be deleted must be
189-7 bracketed and stricken through, and language sought to be added
189-8 must be underlined. This requirement does not apply to:
189-9 (1) an appropriations bill;
189-10 (2) a local bill;
189-11 (3) a game bill;
189-12 (4) a recodification bill;
189-13 (5) a redistricting bill;
189-14 (6) a section of a bill or joint resolution not
189-15 purporting to amend an existing statute or constitutional
189-16 provision;
189-17 (7) a section of a bill or joint resolution that
189-18 revises the entire text of an existing statute or constitutional
189-19 provision, to the extent that it would confuse rather than clarify
189-20 to show deletions and additions; and
189-21 (8) a section of a bill or joint resolution providing
189-22 for severability, nonseverability, emergency, or repeal of an
189-23 existing statute or constitutional provision.
189-24 (c) The speaker may overrule a point of order raised as to a
189-25 violation of Subsection (b) of this section if the violation is
189-26 typographical or minor and does not tend to deceive or mislead.
189-27 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
190-1 after the first printing except when ordered printed by a majority
190-2 vote of the house.
190-3 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
190-4 shall be printed only if the resolution:
190-5 (1) grants permission to sue the state;
190-6 (2) memorializes Congress to take or to refrain from
190-7 taking certain action;
190-8 (3) sets legislative policy or declares legislative
190-9 intent;
190-10 (4) makes corrective changes in any bill, joint
190-11 resolution, or conference committee report;
190-12 (5) establishes or interprets policy for a state
190-13 agency, department, or political subdivision;
190-14 (6) <authorizes a conference committee to include or
190-15 omit from a conference committee report a matter which otherwise
190-16 would be prohibited by the rules;>
190-17 <(7)> establishes, modifies, or changes internal
190-18 procedures or administration of the legislature or any component
190-19 part thereof;
190-20 (7) <(8)> proposes an amendment to the Joint Rules of
190-21 the Senate and the House of Representatives; or
190-22 (8) <(9)> is ordered printed by a majority vote of the
190-23 house.
190-24 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
190-25 printed only if the resolution:
190-26 (1) proposes an amendment to the rules of the house;
190-27 (2) establishes, modifies, or changes the internal
191-1 procedures and administration of the house;
191-2 (3) establishes legislative policy or interprets
191-3 legislative intent; or
191-4 (4) is ordered printed by a majority of the house.
191-5 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
191-6 REQUIREMENTS. Except for matter to be printed in the journal, all
191-7 requirements contained in the rules with respect to the printing of
191-8 bills, resolutions, reports, and other matters shall be considered
191-9 complied with if the material is adequately and properly reproduced
191-10 by any acceptable means of reproduction.
191-11 RULE 13 <14>. INTERACTIONS WITH THE GOVERNOR
191-12 AND SENATE
191-13 CHAPTER A. MESSAGES
191-14 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
191-15 communications from the governor shall be received when announced,
191-16 and shall be read on the calendar day received.
191-17 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
191-18 the senate shall be received when announced. Senate bills
191-19 announced as passed shall be read for the first time and referred
191-20 to the appropriate committee as soon as practicable.
191-21 (b) Messages from the senate announcing amendments to house
191-22 bills and resolutions, nonconcurrence in house amendments to senate
191-23 bills and resolutions, requests for conference committees, reports
191-24 of conference committees, and all other matters of disagreement,
191-25 amendments, and requests between the two houses, shall go to the
191-26 speaker's desk in their regular order, but may be called up for
191-27 action by the house at any time as a privileged matter, yielding
192-1 only to a motion to adjourn.
192-2 CHAPTER B. SENATE AMENDMENTS
192-3 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
192-4 resolution, or other matter is returned to the house with senate
192-5 amendments, the house may:
192-6 (1) agree to the amendments; or
192-7 (2) disagree to all of the amendments and ask for a
192-8 conference committee; or
192-9 (3) agree to one or more of the amendments and
192-10 disagree as to the remainder and request a conference committee to
192-11 consider those in disagreement; or
192-12 (4) agree to one or more and disagree as to the
192-13 remainder; or
192-14 (5) disagree to all amendments.
192-15 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
192-16 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
192-17 amendments thereto must be adopted by a vote of two-thirds of the
192-18 elected membership of the house.
192-19 Sec. 5. PRINTING SENATE AMENDMENTS. Senate amendments to
192-20 house bills and resolutions must be printed and copies provided to
192-21 the members at least 24 hours before any action can be taken
192-22 thereon by the house during a regular or special session<; however,
192-23 during the last 72 hours of any session, it shall not be necessary
192-24 for the 24-hour period to elapse before action can be taken by the
192-25 house>.
192-26 CHAPTER C. CONFERENCE COMMITTEES
192-27 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
193-1 between the senate and the house by committee, the number of
193-2 committee members from each house shall be five. All votes on
193-3 matters of difference shall be taken by each committee separately.
193-4 A majority of each committee shall be required to determine the
193-5 matter in dispute. Reports by conference committees must be signed
193-6 by a majority of each committee of the conference.
193-7 Sec. 7. MEETINGS. House conferees when meeting with senate
193-8 conferees to adjust differences shall meet in public and shall give
193-9 a reasonable amount of notice of the meeting in the place
193-10 designated for giving notice of meetings of house standing
193-11 committees. Any such meeting shall be open to the news media. Any
193-12 conference committee report adopted in private shall not be
193-13 considered by the house.
193-14 Sec. 8. INSTRUCTIONS. Instructions to a conference
193-15 committee shall be made after the conference is ordered and before
193-16 the conferees are appointed by the speaker, and not thereafter.
193-17 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
193-18 committees shall limit their discussions and their actions solely
193-19 to the matters in disagreement between the two houses. A
193-20 conference committee shall have no authority with respect to any
193-21 bill or resolution:
193-22 (1) to change, alter, or amend text which is not in
193-23 disagreement;
193-24 (2) to omit text which is not in disagreement;
193-25 (3) to add text on any matter which is not in
193-26 disagreement;
193-27 (4) to add text on any matter which is not included in
194-1 either the house or senate version of the bill or resolution.
194-2 This rule shall be strictly construed by the presiding
194-3 officer in each house to achieve these purposes.
194-4 (b) Conference committees on appropriations bills, like
194-5 other conference committees, shall limit their discussions and
194-6 their actions solely to the matters in disagreement between the two
194-7 houses. In addition to the limitations contained elsewhere in the
194-8 rules, a conference committee on appropriations bills shall be
194-9 strictly limited in its authority as follows:
194-10 (1) If an item of appropriation appears in both house
194-11 and senate versions of the bill, the item must be included in the
194-12 conference committee report.
194-13 (2) If an item of appropriation appears in both house
194-14 and senate versions of the bill, and in identical amounts, no
194-15 change can be made in the item or the amount.
194-16 (3) If an item of appropriation appears in both house
194-17 and senate versions of the bill but in different amounts, no change
194-18 can be made in the item, but the amount shall be at the discretion
194-19 of the conference committee, provided that the amount shall not
194-20 exceed the larger version and shall not be less than the smaller
194-21 version.
194-22 (4) If an item of appropriation appears in one version
194-23 of the bill and not in the other, the item can be included or
194-24 omitted at the discretion of the conference committee. If the item
194-25 is included, the amount shall not exceed the sum specified in the
194-26 version containing the item.
194-27 (5) If an item of appropriation appears in neither the
195-1 house nor the senate version of the bill, the item must not be
195-2 included in the conference committee report. However, the
195-3 conference committee report may include appropriations for purposes
195-4 or programs authorized by bills that have been passed and sent to
195-5 the governor and may include contingent appropriations for purposes
195-6 or programs authorized by bills that have been passed by at least
195-7 one house.
195-8 This rule shall be strictly construed by the presiding
195-9 officer in each house to achieve these purposes.
195-10 (c) Conference committees on tax bills, like other
195-11 conference committees, shall limit their discussions and their
195-12 actions solely to the matters in disagreement between the two
195-13 houses. In addition to the limitations contained elsewhere in the
195-14 rules, a conference committee on a tax bill shall be strictly
195-15 limited in its authority as follows:
195-16 (1) If a tax item appears in both house and senate
195-17 versions of the bill, the item must be included in the conference
195-18 committee report.
195-19 (2) If a tax item appears in both house and senate
195-20 versions of the bill, and in identical form and with identical
195-21 rates, no change can be made in the item or the rate provided.
195-22 (3) If a tax item appears in both house and senate
195-23 versions of the bill but at differing rates, no change can be made
195-24 in the item, but the rate shall be at the discretion of the
195-25 conference committee, provided that the rate shall not exceed the
195-26 higher version and shall not be less than the lower version.
195-27 (4) If a tax item appears in one version of the bill
196-1 and not in the other, the item can be included or omitted at the
196-2 discretion of the conference committee. If the item is included,
196-3 the rate shall not exceed the rate specified in the version
196-4 containing the item.
196-5 (5) If a tax item appears in neither the house nor the
196-6 senate version of the bill, the item must not be included in the
196-7 conference committee report.
196-8 This rule shall be strictly construed by the presiding
196-9 officer in each house to achieve these purposes.
196-10 (d) Conference committees on reapportionment bills, to the
196-11 extent possible, shall limit their discussions and their actions to
196-12 the matters in disagreement between the two houses. Since the
196-13 adjustment of one district in a reapportionment bill will
196-14 inevitably affect other districts, the strict rule of construction
196-15 imposed on other conference committees must be relaxed somewhat
196-16 when reapportionment bills are involved. Accordingly, the
196-17 following authority and limitations shall apply only to conference
196-18 committees on reapportionment bills:
196-19 (1) If the matters in disagreement affect only certain
196-20 districts, and other districts are identical in both house and
196-21 senate versions of the bill, the conference committee shall make
196-22 adjustments only in those districts whose rearrangement is
196-23 essential to the effective resolving of the matters in
196-24 disagreement. All other districts shall remain unchanged.
196-25 (2) If the matters in disagreement permeate the entire
196-26 bill and affect most, if not all, of the districts, the conference
196-27 committee shall have wide discretion in rearranging the districts
197-1 to the extent necessary to resolve all differences between the two
197-2 houses.
197-3 (3) Insofar as the actual structure of the districts
197-4 is concerned, and only to that extent, the provisions of Subsection
197-5 (a) of this section shall not apply to conference committees on
197-6 reapportionment bills.
197-7 (e) Conference committees on recodification bills, like
197-8 other conference committees, shall limit their discussions and
197-9 their actions solely to the matters in disagreement between the two
197-10 houses. The comprehensive and complicated nature of recodification
197-11 bills makes necessary the relaxing of the strict rule of
197-12 construction imposed on other conference committees only to the
197-13 following extent:
197-14 (1) If it develops in conference committee that
197-15 material has been inadvertently included in both house and senate
197-16 versions which properly has no place in the recodification, that
197-17 material may be omitted from the conference committee report, if by
197-18 that omission the existing statute is not repealed, altered, or
197-19 amended.
197-20 (2) If it develops in conference committee that
197-21 material has been inadvertently omitted from both the house and
197-22 senate versions which properly should be included if the
197-23 recodification is to achieve its purpose of being all-inclusive of
197-24 the statutes being recodified, that material may be added to the
197-25 conference committee report, if by the addition the existing
197-26 statute is merely restated without substantive change in existing
197-27 law.
198-1 (f) Limitations imposed on certain conference committees by
198-2 the provisions of this section may be suspended in part by
198-3 permission of the house to allow consideration of and action on a
198-4 specific matter or matters which otherwise would be prohibited.
198-5 Permission shall be granted only by resolution passed by majority
198-6 vote of the house. All such resolutions shall be privileged in
198-7 nature and need not be referred to a committee. The introduction
198-8 of such a resolution shall be announced from the house floor and
198-9 the resolution shall be eligible for consideration by the house one
198-10 hour after a copy of the resolution has been distributed to each
198-11 member <introduction and need not be referred to a committee>. The
198-12 time at which the copies of such a resolution are distributed to
198-13 the members shall be time-stamped on the originals of the
198-14 resolution. The resolution shall specify in detail:
198-15 (1) the exact nature of the matter or matters proposed
198-16 to be considered;
198-17 (2) the specific limitation or limitations to be
198-18 suspended;
198-19 (3) the specific action contemplated by the conference
198-20 committee; and
198-21 (4) the reasons that suspension of the limitations is
198-22 being requested.
198-23 In the application of this subsection to appropriations
198-24 bills, the resolution shall include a general statement outlining a
198-25 proposed salary plan but need not include changes in amounts
198-26 resulting from the salary plan and differences in language which do
198-27 not affect the substance of the bill.
199-1 Permission thus granted shall suspend the limitations only
199-2 for the matter or matters clearly specified in the resolution, and
199-3 the action of the conference committee shall be in conformity with
199-4 the resolution.
199-5 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) <All
199-6 conference committee reports on general appropriations bills, tax
199-7 bills, reapportionment bills, and recodification bills must be
199-8 printed and a copy furnished to each member at least 48 hours
199-9 before any action can be taken thereon by the house if convened in
199-10 regular session and 24 hours if convened in special session.>
199-11 <(b)> All conference committee reports <on bills other than
199-12 general appropriations, tax, reapportionment, and recodification
199-13 bills> must be printed and a copy furnished to each member at least
199-14 24 hours before action can be taken on the report by the house
199-15 during a regular or special session<; however, during the last 48
199-16 hours of any session it shall be necessary for only two hours to
199-17 elapse after a copy has been provided to each member before action
199-18 can be taken on the report by the house>.
199-19 (b) <(c)> Three original copies of a conference committee
199-20 report shall be submitted to the chief clerk for printing. Each
199-21 original conference committee report shall contain the following:
199-22 (1) the signatures of the house conferees and senate
199-23 conferees who voted to adopt the conference committee report;
199-24 (2) the text of the bill or resolution as adopted by
199-25 the conference committee; and
199-26 (3) an analysis of the conference committee report as
199-27 required by Section 11 of this rule.
200-1 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
200-2 committees shall include an analysis showing wherein the report
200-3 differs from the house and senate versions of the bill, resolution,
200-4 or other matter in disagreement. The analysis of appropriations
200-5 bills shall show in dollar amounts the differences between the
200-6 conference committee report and the house and senate versions. No
200-7 conference committee report shall be considered by the house unless
200-8 such an analysis has been prepared and distributed to each
200-9 member.
200-10 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
200-11 report is not subject to amendment, but must be accepted or
200-12 rejected in its entirety. While a conference committee report is
200-13 pending, a motion to deal with individual amendments in
200-14 disagreement is not in order.
200-15 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
200-16 committee report is not acceptable to the house for any reason, it
200-17 may be recommitted to the same committee with the request for
200-18 further consideration, and the house may or may not give any
200-19 specific instructions on the report to the conference committee; or
200-20 the house may request the appointment by the senate of a new
200-21 conference committee and then proceed to empower the speaker to
200-22 name new conferees for the house.
200-23 RULE 14 <15>. GENERAL PROVISIONS
200-24 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
200-25 inexplicit on any question of order or parliamentary practice, the
200-26 Rules of the House of Representatives of the United States
200-27 Congress, and its practice as reflected in Hind's and Cannon's
201-1 Precedents, and Mason's Manual of Legislative Procedure shall be
201-2 considered as authority.
201-3 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
201-4 rules of the house shall be proposed by house resolutions which
201-5 shall be referred at once, without debate, to the Committee on
201-6 Rules and Resolutions for study and recommendation.
201-7 (b) A resolution proposing an amendment to the rules shall
201-8 not be considered by the house until a printed copy of the
201-9 resolution has been provided to each member of the house at least
201-10 48 hours before consideration.
201-11 (c) Amendments to the rules shall require a majority vote of
201-12 the house for adoption.
201-13 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
201-14 the rules shall be in order at any time, except when motions to
201-15 adjourn or recess are pending, even when the house is operating
201-16 under the previous question. A motion to "suspend all rules" shall
201-17 be sufficient to suspend every rule under which the house is
201-18 operating for a particular purpose except the provisions of the
201-19 constitution, the statutes, and the joint rules of the two houses.
201-20 If the rules have been suspended on a main motion for a given
201-21 purpose, no other motion to suspend the rules on a main motion
201-22 shall be in order until the original purpose has been accomplished.
201-23 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
201-24 shall not be in order to move to suspend the rules or the regular
201-25 order of business to take up a measure out of its regular order,
201-26 and the speaker shall not recognize anyone for either purpose,
201-27 unless the speaker has announced to the house in session that the
202-1 speaker would recognize a member for that purpose at least one hour
202-2 before the member is so recognized to make the motion. In making
202-3 the announcement to the house, the speaker shall advise the house
202-4 of the member's name and the bill number, and this information,
202-5 together with the time that the announcement was made, shall be
202-6 entered in the journal. This rule may be suspended only by
202-7 unanimous consent.
202-8 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
202-9 of the house may be suspended by an affirmative vote of two-thirds
202-10 of the members present. However, if a rule contains a specific
202-11 provision showing the vote by which that rule may be suspended,
202-12 that vote shall be required for the suspension of the rule. The
202-13 specific provision may not be suspended under the provisions of
202-14 this section.
202-15 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
202-16 measure taken up under suspension and not disposed of on the same
202-17 day shall go over as pending or unfinished business to the next day
202-18 that the house is in session, and shall be considered thereafter
202-19 from day to day (except the days used for the consideration of
202-20 senate bills) until disposed of.