Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Harris, Armbrister S.R. No. 11
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, That the
1-2 Rules of the Senate of the 72nd Legislature, as amended, are
1-3 adopted as the Temporary Rules of the Senate of the 73rd
1-4 Legislature with the following modifications:
1-5 1. Amend Rule 5.08 to read as follows:
1-6 MORNING CALL
1-7 Rule 5.08. The President then shall call:
1-8 (1) <for reports from standing committees;>
1-9 <(2)> for reports from select committees;
1-10 (2) <(3)> for Senate bills and resolutions and House
1-11 bills and resolutions on first reading and referral to committee;
1-12 (3) <(4)> for the introduction and consideration of
1-13 resolutions;
1-14 (4) <(5)> for messages and executive communications;
1-15 (5) <(6)> for motions to print on minority reports;
1-16 (6) <(7)> for other motions not provided herein,
1-17 including but not limited to motions to set a bill for special
1-18 order, to reconsider, to print and not print bills, to rerefer
1-19 bills, to concur in House amendments to Senate bills, to not concur
1-20 in House amendments to Senate bills, to request the appointment of
1-21 conference committees, and to adopt conference committee reports.
1-22 This concludes the morning call, which the President shall
1-23 announce to the Senate.
2-1 It shall not be in order, during the morning call, to move to
2-2 take up a bill or resolution out of its regular order, and the
2-3 presiding officer shall not recognize any Senator for the purpose
2-4 of making any such motion or making a motion to suspend this rule.
2-5 (Former Rule 11)
2-6 2. Amend Rule 5.12 to read as follows:
2-7 REGULAR ORDER OF BUSINESS
2-8 Rule 5.12. (a) Bills and resolutions shall be considered on
2-9 second reading and shall be listed on the daily calendar of bills
2-10 and resolutions on the President's table for second reading in the
2-11 order in which the committee reports on them are received by
2-12 <submitted to> the Secretary of the Senate. Upon receipt of a
2-13 committee report on a bill or resolution, the Secretary of the
2-14 Senate shall date and time stamp the report and forward a copy to
2-15 the Journal Clerk who shall record the order in which the committee
2-16 report was received in the Senate Journal. (Former Rule 91)
2-17 (b) Bills and resolutions shall be considered on third
2-18 reading in the order in which they were passed on second reading.
2-19 3. Amend Rule 5.14 to read as follows:
2-20 INTENT CALENDAR
2-21 Rule 5.14. (a) During a regular session of the Legislature,
2-22 any member who desires to suspend the regular order of business and
2-23 take up a bill, joint resolution, or resolution out of its regular
2-24 order shall give written notice of such intent to the Secretary of
2-25 the Senate, on forms provided by the Secretary, not later than 4:00
3-1 p.m. on the last preceding calendar day that the Senate was in
3-2 session. Unless the printing rule has been previously suspended,
3-3 no bill, joint resolution, or resolution shall be eligible to be
3-4 placed on the Intent Calendar unless at the time that the notice is
3-5 given to the Secretary of the Senate the bill, resolution, or joint
3-6 resolution has been printed and laid out on the members' desks.
3-7 <The Secretary shall provide forms for this purpose.> Notice must
3-8 be given from day to day. No member may give notice on more than
3-9 three bills or resolutions prior to May 1 or on more than five
3-10 bills or resolutions on or after May 1.
3-11 (b) The Secretary shall prepare a list of all legislation
3-12 for which notice has been given. The list must be made available
3-13 to each member of the Senate and to the press no later than 6:30
3-14 p.m. on the day the notice is filed.
3-15 (c) No provision of this rule may be suspended except by
3-16 vote of four-fifths of the members present. (Former Rule 14.2)
3-17 4. Amend Rule 6.01 to read as follows:
3-18 MOTIONS AND THEIR PRECEDENCE
3-19 Rule 6.01. (a) When a question is under consideration by
3-20 the Senate, no motion shall be made except:
3-21 (1) to fix the day to which the Senate shall adjourn
3-22 or recess;
3-23 (2) to adjourn or recess;
3-24 (3) to proceed to the transaction of executive
3-25 business;
4-1 (4) the previous question;
4-2 (5) to lay on the table;
4-3 (6) to lay on the table subject to call;
4-4 (7) to postpone to a time certain;
4-5 (8) to commit;
4-6 (9) to amend;
4-7 (10) to postpone indefinitely.
4-8 These several motions have precedence in the order named. It
4-9 shall be in order to make any number of the above motions before
4-10 any vote is taken, but the votes shall be taken on all such motions
4-11 made in the order of the precedence above stated. (Former Rule 16)
4-12 (b) Upon compliance with pertinent Senate Rules, motions
4-13 addressing House amendments to Senate bills, resolutions suspending
4-14 the constitutional limitation on spending, resolutions suspending
4-15 conference committee limitations, appointment of conference
4-16 committees, and conference committee reports are privileged and may
4-17 be taken up at any time when no other matter is pending before the
4-18 Senate.
4-19 5. Amend Rule 6.13 to read as follows:
4-20 DISPENSE <SUSPENSE> WITH READING OF PAPERS
4-21 Rule 6.13. When the reading of a paper is called for and the
4-22 same is objected to by any member, it shall be determined by a
4-23 majority vote of the Senate and without debate. (Former Rule 25)
4-24 6. Amend Rules 7.09 through 7.27 by amending Rule 7.09, by
4-25 deleting Rules 7.10 and 7.11, by amending and renumbering Rules
5-1 7.13, 7.14, 7.18, 7.19, 7.23, 7.25, and 7.26, and by renumbering
5-2 Rules 7.12, 7.15, 7.16, 7.17, 7.20, 7.21, 7.22, 7.24, and 7.27 to
5-3 read as follows:
5-4 ANALYSIS OF FISCAL IMPLICATIONS OF BILL OR RESOLUTION
5-5 <ACTUARIAL ANALYSES>
5-6 Rule 7.09. (a) For any statement or analysis required by
5-7 this rule, the Senate Committee on Administration shall adopt such
5-8 necessary forms and procedures as are required to ensure that the
5-9 members of the Senate are informed as to the fiscal or actuarial
5-10 impact of proposed legislation to the state or other unit of
5-11 government.
5-12 (b) On any bill or resolution that proposes to change
5-13 benefits or participation in benefits of a public retirement system
5-14 or that would otherwise change the financial obligations of a
5-15 public retirement system, there shall be attached an actuarial
5-16 analysis, together with a statement prepared by the State Pension
5-17 Review Board reviewing the actuarial analysis and commenting on the
5-18 legislation.
5-19 (c) On any bill or joint resolution which authorizes or
5-20 requires the expenditure or diversion of any state funds for any
5-21 purpose, except the general appropriations bill, there shall be
5-22 attached a fiscal note signed by the director of the Legislative
5-23 Budget Board and outlining the fiscal implications and probable
5-24 cost of the measure for the first five years after its passage, and
5-25 a statement as to whether or not there will be a cost involved
6-1 thereafter.
6-2 (d) On any bill or resolution that authorizes or requires a
6-3 change in the sanctions applicable to adults convicted of felony
6-4 crimes, there shall be attached a Criminal Justice Policy Impact
6-5 Statement signed by the director of the Legislative Budget Board
6-6 and outlining the estimated impact of the proposed policy changes
6-7 on the programs and work load of state corrections agencies and on
6-8 the demand for resources and services of those agencies.
6-9 (e) On any bill or resolution that authorizes or requires a
6-10 change in the public school finance system, there shall be attached
6-11 an Equalized Education Funding Impact Statement signed by the
6-12 director of the Legislative Education Board and outlining the
6-13 estimated impact of the proposed policy changes on state equalized
6-14 funding requirements and policies.
6-15 (f) On any bill or resolution that has an identifiable and
6-16 measurable effect on the dockets, work loads, efficiency, staff and
6-17 personnel requirements, operating resources, and currently existing
6-18 material resources of the Supreme Court of Texas, the Court of
6-19 Criminal Appeals of Texas, the courts of appeals, the district
6-20 courts, the statutory county courts, the county courts at law, the
6-21 county courts, and the justice courts of this state, there shall be
6-22 attached a Judicial System Impact Statement signed by the director
6-23 of the Legislative Budget Board and outlining the estimated impact
6-24 of the measure on the judicial system. <Except as otherwise
6-25 provided by this rule, a bill or joint resolution that proposes to
7-1 change benefits or participation in benefits of a public retirement
7-2 system or that otherwise would change the financial obligations of
7-3 a public retirement system must have, in addition to any fiscal
7-4 note required under Rule 7.10, an actuarial analysis prepared in
7-5 compliance with this rule, together with a statement prepared by
7-6 the State Pension Review Board reviewing the actuarial analysis and
7-7 commenting on the legislation attached to the bill or resolution
7-8 before a committee hearing may be held on it and attached to the
7-9 bill or resolution on first printing.>
7-10 <(b) An actuarial analysis is not required for the general
7-11 appropriations bill, a bill or resolution that would change the
7-12 financial obligations of a retirement system only by modifying the
7-13 compensation of members of the system or modifying the
7-14 administrative duties of the system, or a bill or resolution that
7-15 would change the financial obligations of a retirement system only
7-16 by imposing an expense on the system in the same manner that the
7-17 expense is imposed on other agencies or units of government.>
7-18 <(c) In this rule, "public retirement system" means a
7-19 continuing, organized program of service retirement, disability
7-20 retirement, or death benefits for officers or employees of the
7-21 state or a political subdivision but does not include a program for
7-22 which benefits are administered by a life insurance company, a
7-23 program providing only workers' compensation benefits, or a program
7-24 administered by the federal government.>
7-25 <(d) An actuarial analysis must show the economic effect of
8-1 the proposed bill or resolution on the public retirement system,
8-2 including a projection of the annual actuarial cost or liability
8-3 imposed by the proposal on the affected system, the effect of the
8-4 legislation on the amortization schedule for liabilities of the
8-5 system assuming various levels of payroll increases, and the
8-6 estimated dollar change in the unfunded liability of the system.
8-7 If the bill or resolution applies to more than one public
8-8 retirement system, the projections in the analysis may be limited
8-9 to each affected statewide public retirement system and each
8-10 affected system in a city having a population of 200,000 or more,
8-11 according to the results of the most recent decennial census.>
8-12 <(e) An actuarial analysis must state the actuarial
8-13 assumptions and methods of computation used in the analysis and,
8-14 using an advanced funding actuarial cost method, must state whether
8-15 or not the bill or resolution, if it becomes law, will make the
8-16 affected public retirement system actuarially unsound or, in the
8-17 case of a system already actuarially unsound, more unsound. The
8-18 actuarial information in an actuarial analysis must be prepared by
8-19 an actuary who has at least five years of experience working with
8-20 one or more public retirement systems and who is a fellow of the
8-21 Society of Actuaries, a member of the American Academy of
8-22 Actuaries, or an enrolled actuary under the federal Employees
8-23 Retirement Income Security Act of 1974. An actuarial analysis must
8-24 contain a certification by the actuary that the contents of the
8-25 analysis fulfill the requirements of this rule. The actuary may
9-1 include an explanation or description of the actuarial information
9-2 contained in the analysis.>
9-3 <(f) As soon as practicable after a bill or joint resolution
9-4 is referred to a standing committee, the committee chair shall
9-5 determine whether or not an actuarial analysis is required. If the
9-6 chair determines that an actuarial analysis is required, the chair
9-7 shall send a copy of the bill or resolution, with actuarial
9-8 analysis attached, to the State Pension Review Board with a request
9-9 that a review of the actuarial analysis and comment on the
9-10 legislation be prepared and sent to the committee. The executive
9-11 director of the State Pension Review Board shall return a copy of
9-12 the actuarial analysis, together with the board's statement of
9-13 review and comment, to the committee that requested it, to the
9-14 author or sponsor of the affected bill or resolution, and to the
9-15 Legislative Budget Board.>
9-16 <(g) Once a bill or resolution has been referred to the
9-17 State Pension Review Board, a committee hearing on the bill may
9-18 proceed as long as any actuarial analysis, statement of review, or
9-19 comment that is available to the committee at the time is attached.>
9-20 <(h) If a bill or resolution for which an actuarial analysis
9-21 is required is amended by a committee in a way that alters its
9-22 economic implications, the chair of the committee shall request the
9-23 State Pension Review Board to obtain an updated actuarial analysis.
9-24 If timely received, an updated actuarial analysis and updated
9-25 review and comment by the State Pension Review Board must be
10-1 attached to the affected bill or resolution as a part of the
10-2 committee report. All actuarial analyses and statements of review
10-3 and comment timely received must remain with the bill or resolution
10-4 throughout the legislative process, including the process of
10-5 submission to the Governor. (Former Rule 94.2)>
10-6 <FISCAL NOTES>
10-7 <Rule 7.10. (a) Any bill or joint resolution which
10-8 authorizes or requires the expenditure or diversion of any state
10-9 funds for any purpose, except the general appropriations bill,
10-10 shall have a fiscal note signed by the director of the Legislative
10-11 Budget Board attached to the bill or resolution, outlining the
10-12 fiscal implications and probable cost of the measure each year for
10-13 the first five years after its passage and a statement as to
10-14 whether or not there will be a cost involved thereafter. The
10-15 fiscal note shall include the number of additional employees
10-16 considered in arriving at the probable cost.>
10-17 <(b) Any bill or joint resolution that has statewide impact
10-18 on units of local government of the same type or class and that
10-19 authorizes or requires, presently or in the future, the expenditure
10-20 or diversion of local funds or that proposes any new local tax,
10-21 fee, license charge, or penalty or any increased or decreased local
10-22 tax, fee, license charge, or penalty shall have a fiscal note
10-23 signed by the director of the Legislative Budget Board attached to
10-24 the bill or resolution, outlining the fiscal implications and
10-25 probable cost of the measure to the affected unit or units of local
11-1 government each year for the first five years after its passage and
11-2 a statement as to whether or not there will be a cost involved
11-3 thereafter. This requirement shall not apply to any local or
11-4 special bill affecting only one unit of government.>
11-5 <(c) In Subsection (b) of this rule, "unit of local
11-6 government" means county, city, town, school district, conservation
11-7 district, hospital district, or any other political district.>
11-8 <(d) In preparing a fiscal note, the director of the
11-9 Legislative Budget Board may utilize information or data supplied
11-10 by any person, agency, organization, or governmental unit the
11-11 director deems reliable and, if so, may state the source or sources
11-12 of the information or data used and the extent to which the
11-13 director relied on the information or data in preparing the fiscal
11-14 note. If the director determines that the fiscal implications of
11-15 the bill or resolution cannot be ascertained or that the bill or
11-16 resolution authorizes an unlimited expenditure or diversion of
11-17 funds for any period to which the fiscal note applies, the director
11-18 shall so state in the fiscal note, in which case the fiscal note
11-19 shall be in full compliance with this rule.>
11-20 <(e) It shall be the duty of the chair of each standing
11-21 committee, immediately after the bill or resolution has been
11-22 referred to the standing committee, to determine whether or not a
11-23 fiscal note is required and, if so, to send a copy of the bill or
11-24 resolution to the Legislative Budget Board with a request for the
11-25 preparation of a fiscal note. The Legislative Budget Board shall
12-1 forward a copy of each fiscal note to the chair and the author or
12-2 sponsor of the affected bill or resolution. The fiscal note shall
12-3 be attached to the affected bill or resolution before a committee
12-4 hearing can be conducted.>
12-5 <(f) In the event a bill or resolution is amended by the
12-6 committee so as to alter its fiscal implications, an updated fiscal
12-7 note shall be obtained by the chair and attached to the bill or
12-8 resolution as a part of the committee report. All fiscal notes or
12-9 author's statements, original and updated, shall remain with the
12-10 bill or resolution throughout the entire legislative process,
12-11 including submission to the Governor. (Former Rule 94.3)>
12-12 <CRIMINAL JUSTICE POLICY AND EQUALIZED>
12-13 <EDUCATION FUNDING IMPACT STATEMENTS>
12-14 <Rule 7.11. (a) If the chair of a standing committee
12-15 determines that a bill or resolution authorizes or requires a
12-16 change in the sanctions applicable to adults convicted of felony
12-17 crimes, the chair shall send a copy of the bill or resolution to
12-18 the Legislative Budget Board for the preparation of a criminal
12-19 justice policy impact statement that includes an estimate of the
12-20 impact of proposed policy changes on the programs and work loads of
12-21 state corrections agencies and on the demand for resources and
12-22 services of those agencies. In this subsection, "sanctions"
12-23 includes sentences as well as adjustments to sentences such as
12-24 probation, parole, and mandatory supervision, including changes in
12-25 policy or statutes related to eligibility, revocation, and good
13-1 time credits.>
13-2 <(b) If the chair of a standing committee determines that a
13-3 bill or resolution affects public education, the chair shall send a
13-4 copy of the bill or resolution to the Legislative Budget Board for
13-5 the preparation of an equalized education funding impact statement
13-6 that evaluates the effect of the bill or resolution on all state
13-7 equalized funding requirements and policies.>
13-8 <(c) If the director is unable to acquire or develop
13-9 sufficient information to prepare an impact statement within 15
13-10 days after receiving a bill or resolution, the director shall
13-11 prepare the impact statement by stating that fact, and the impact
13-12 statement shall be in full compliance with the rules.>
13-13 <(d) The Legislative Budget Board shall forward a copy of
13-14 each impact statement to the author or sponsor of the affected bill
13-15 or resolution.>
13-16 <(e) In preparing an impact statement, the director of the
13-17 Legislative Budget Board may use information or data supplied by
13-18 any person, agency, organization, or governmental unit that the
13-19 director deems reliable and shall state the source or sources of
13-20 the information or data used and may state the extent to which the
13-21 director relied on the information or data in preparing the impact
13-22 statement.>
13-23 <(f) If the director determines that the effect of the bill
13-24 or resolution cannot be ascertained, the director shall prepare the
13-25 impact statement by stating that fact, and the impact statement
14-1 shall be in full compliance with the rules.>
14-2 <(g) If the chair determines that an impact statement is
14-3 required, the impact statement must be attached to the bill or
14-4 resolution before a committee hearing can be conducted on the bill
14-5 or resolution. The impact statement shall be attached to the bill
14-6 or resolution on first printing. If the bill or resolution is
14-7 amended by the committee so as to alter its policy implications,
14-8 the chair shall obtain an updated impact statement, which shall be
14-9 attached to the bill or resolution as part of the committee
14-10 report.>
14-11 <(h) All impact statements shall remain with the bill or
14-12 resolution throughout the entire legislative process, including
14-13 submission to the governor.>
14-14 FORMAT OF BILLS AND RESOLUTIONS
14-15 REPORTED BY COMMITTEES
14-16 Rule 7.10 <7.12>. (a) A committee may not report a bill or
14-17 resolution to the Senate unless the bill or resolution complies
14-18 with Subsection (b) of this rule.
14-19 (b) In any section of a bill or joint resolution that
14-20 proposes to amend an existing statute or constitutional provision,
14-21 language sought to be deleted must be bracketed and stricken
14-22 through, and language sought to be added must be underlined. This
14-23 requirement does not apply to:
14-24 (1) an appropriation bill;
14-25 (2) a local bill;
15-1 (3) a recodification bill;
15-2 (4) a redistricting bill;
15-3 (5) a section of a bill or joint resolution not
15-4 purporting to amend an existing statute or constitutional
15-5 provision;
15-6 (6) a section of a bill or joint resolution that
15-7 revises the entire text of an existing statute or constitutional
15-8 provision, to the extent that it would confuse rather than clarify
15-9 to show deletions and additions; and
15-10 (7) a section of a bill or joint resolution providing
15-11 for severability, nonseverability, emergency, or repeal of an
15-12 existing statute or constitutional provision.
15-13 (c) The President may overrule a point of order raised as to
15-14 a violation of Subsection (b) of this rule if the violation is
15-15 typographical or minor and does not tend to deceive or mislead.
15-16 (Former Rule 94.4)
15-17 (d) The Senate Enrolling Clerk may make certain technical
15-18 corrections in bills and resolutions to conform the language to
15-19 requirements of Subsection (b) of this rule and of the Texas
15-20 Constitution. This subsection applies to misspelled words,
15-21 mistakes in citations and internal references, numbering and
15-22 reprinting errors, bracketing and underlining errors, mistakes in
15-23 grammar and punctuation, and insufficient captions.
15-24 COMMITTEE SUBSTITUTE BILLS
15-25 Rule 7.11 <7.13>. (a) A committee may adopt and report a
16-1 complete germane committee substitute containing the caption,
16-2 enacting clause, and text of a bill or resolution in lieu of the
16-3 original, in which event the complete substitute bill or resolution
16-4 shall be laid before the Senate and shall be the matter before the
16-5 Senate for its consideration instead of the original. If the
16-6 substitute is defeated at any legislative stage, the bill or
16-7 resolution is considered not passed. (Former Rule 84)
16-8 (b) If a point of order is raised and sustained that a
16-9 committee substitute bill is not germane or contains provisions not
16-10 germane to the original bill, the bill shall be returned for
16-11 further consideration to the committee from which it was reported.
16-12 If the committee desires to hear additional testimony, the bill
16-13 shall be posted for public hearing according to the rules of the
16-14 Senate and is subject to Rule 11.20.
16-15 PRINTING OF BILLS ON COMMITTEE REPORT
16-16 Rule 7.12 <7.14>. (a) Every favorable committee report on a
16-17 general bill made by <reported favorably from> a Senate committee
16-18 shall be printed, unless the Senate on the same day it is reported
16-19 or on the next legislative day shall order it not printed. Each
16-20 committee report on a local bill shall be printed, unless the
16-21 committee making the report <reporting it> recommends that it not
16-22 be printed, in which case the committee's recommendations shall be
16-23 effective as an order of the Senate that the report <bill> be not
16-24 printed. A list of all bills on committee report ordered not
16-25 printed by the Senate or ordered not printed by committee
17-1 recommendation shall be listed by number, author, and caption and
17-2 distributed to each member at the close of each day's business.
17-3 Copies of all committee reports <bills> printed shall be placed on
17-4 the desks of Senators on the same day the printed copies are
17-5 delivered by the printer. No bill except local bills and <except
17-6 general> bills <that have been> ordered not printed by the Senate
17-7 shall be considered by the Senate until a printed committee report
17-8 <copy thereof> has been on the desk of each Senator at least 24
17-9 hours. (Former Rule 74)
17-10 (b) Every committee report printing on a bill or resolution
17-11 shall include:
17-12 (1) a copy of the committee report form showing the
17-13 record vote by which the measure was reported, whether the measure
17-14 was reported favorably or unfavorably, with amendment or with a
17-15 substitute;
17-16 (2) a copy of the original bill or resolution, unless
17-17 the committee reports a substitute measure;
17-18 (3) a copy of any substitute bill or resolution;
17-19 (4) a copy of each amendment adopted to the bill or
17-20 resolution;
17-21 (5) any fiscal note on the bill or resolution,
17-22 including any updated fiscal note to reflect any change in fiscal
17-23 implications made by amendment or substitute;
17-24 (6) any criminal justice impact statement, including
17-25 any updated statement to reflect any change made by amendment or
18-1 substitute;
18-2 (7) any judicial system impact statement, including
18-3 any updated statement to reflect any change made by amendment or
18-4 substitute;
18-5 (8) any education funding impact statement, including
18-6 any updated statement to reflect any change made by amendment or
18-7 substitute;
18-8 (9) any actuarial analysis, including any updated
18-9 analysis to reflect any change made by amendment or substitute;
18-10 (10) a bill analysis, including any updated analysis
18-11 to reflect any change made by amendment or substitute; and
18-12 (11) a list of witnesses testifying in favor, against,
18-13 or on the bill or resolution.
18-14 SUSPENSION OF RULE LIMITING
18-15 CONSIDERATION OF BILLS
18-16 Rule 7.13 <7.15>. Except as otherwise provided in Rule 7.08,
18-17 bills shall not be taken up, considered, or acted upon by the
18-18 Senate during the first 60 calendar days of the session, unless
18-19 this rule be suspended by the affirmative vote of four-fifths of
18-20 the members of the Senate. (Former Rule 89)
18-21 CONSIDERATION OF HOUSE BILL IN LIEU OF
18-22 SENATE BILL ON SAME SUBJECT
18-23 Rule 7.14 <7.16>. When any Senate bill shall be reached on
18-24 the calendar or shall be before the Senate for consideration, it
18-25 shall be the duty of the President to give the place of such bill
19-1 on the calendar to any House bill which has been referred to and
19-2 reported from a committee of the Senate containing the same subject
19-3 or to lay such House bill before the Senate to be considered in
19-4 lieu of such Senate bill. (Former Rule 67)
19-5 GERMANENESS
19-6 Rule 7.15 <7.17>. No motion or proposition on a subject
19-7 different from that under consideration shall be admitted under
19-8 color of amendment or as a substitute for the motion or proposition
19-9 under debate. (Constitution, Article III, Section 30) (Former Rule
19-10 72(b))
19-11 AMENDMENTS TO TAX BILLS
19-12 Rule 7.16 <7.18>. No amendment shall be considered <offered>
19-13 to any tax bill on second reading unless the subject matter it
19-14 entails has been discussed at a Senate committee meeting at which
19-15 the bill was heard. (Former Rule 72.1)
19-16 MOTION TO PASS A BILL TO SECOND READING
19-17 IS NOT NECESSARY
19-18 Rule 7.17 <7.19>. No motion is <shall be> necessary to pass
19-19 a bill to its second reading. The main question on the second
19-20 reading of the bill shall be, if a Senate bill, "Shall this bill be
19-21 engrossed and passed to a third reading?" and if it be a House
19-22 bill, "Shall this bill pass to a third reading?" (Former Rule 71)
19-23 READING OF BILL ON THREE SEVERAL DAYS
19-24 Rule 7.18 <7.20>. No bill shall have the force of a law
19-25 until it has been read on three several days in each House and free
20-1 discussion allowed thereon, but in case of imperative public
20-2 necessity (which necessity shall be stated in a preamble or in the
20-3 body of the bill), four-fifths of the House in which the bill may
20-4 be pending may suspend this rule, the yeas and nays being taken on
20-5 the question of suspension and entered upon the journals.
20-6 (Constitution, Article III, Section 32) (Former Rules 68 and 33)
20-7 ADOPTION OF AMENDMENT ON THIRD READING
20-8 Rule 7.19 <7.21>. No amendment shall be adopted at the third
20-9 reading of a bill without the consent of two-thirds of the members
20-10 present. (Former Rule 75)
20-11 LIMITATIONS ON APPROPRIATIONS BILLS
20-12 Rule 7.20 <7.22>. Unless within the authority of a
20-13 resolution or resolutions adopted pursuant to Article VIII, Section
20-14 22(b), of the Constitution, it is not in order for the Senate to
20-15 consider for final passage on third reading, on motion to concur in
20-16 House amendments, or on motion to adopt a conference committee
20-17 report a bill appropriating funds from the State Treasury in an
20-18 amount that, when added to amounts previously appropriated by bills
20-19 finally passed by both Houses and sent to the comptroller or due to
20-20 be sent to the comptroller, would exceed the limit on
20-21 appropriations established under Chapter 316, Subchapter A,
20-22 Government Code. (Former Rule 94.1)
20-23 HOUSE AMENDMENTS TO SENATE BILLS
20-24 Rule 7.21 <7.23>. <(a) When the House of Representatives
20-25 shall adopt and send to the Senate amendments to a Senate bill, the
21-1 President may refer the bill and the amendments to the Senate
21-2 committee that previously had reported on the bill. The committee
21-3 shall promptly report and recommend whether the Senate should
21-4 concur in any or all of the House amendments.>
21-5 <(b)> If a Senate bill is returned with House amendments
21-6 <and the bill is not referred to a Senate committee as set forth in
21-7 Subsection (a) of this rule>, all House amendments must be printed
21-8 and laid on each member's desk for 24 hours prior to a motion to
21-9 concur. (Former Rules 74a and 77)
21-10 DEFEATED BILL
21-11 Rule 7.22 <7.24>. After a bill has been considered and
21-12 defeated by either branch of the Legislature, no bill containing
21-13 the same substance shall be passed into a law during the same
21-14 session. (Constitution, Article III, Section 34) (Former Rule 83)
21-15 SIGNING OF BILLS AND RESOLUTIONS BY
21-16 PRESIDING OFFICER
21-17 Rule 7.23 <7.25>. The President of the Senate or the
21-18 presiding officer <of each House> shall, in the presence of the
21-19 Senate <House over which he or she presides>, sign all bills and
21-20 joint resolutions passed by the Legislature. The<, after their>
21-21 titles of all such bills and resolutions shall be <have been>
21-22 publicly read <before signing>, and the fact of the signing shall
21-23 be entered on the journal <journals>. (Constitution, Article III,
21-24 Section 38) (Former Rule 76)
21-25 SEVENTY-TWO-HOUR RULE
22-1 Rule 7.24 <7.26>. (a) No bill shall be considered, unless
22-2 it has been first referred to a committee and reported thereon, and
22-3 no bill shall be passed which has not been presented and referred
22-4 to and reported from a committee at least three days before the
22-5 final adjournment of the Legislature. (Constitution, Article III,
22-6 Section 37) (Former Rule 73)
22-7 (b) No bill shall be passed which has not been presented and
22-8 referred to and reported from a Senate committee at least three
22-9 days before the final adjournment of the Legislature. It shall
22-10 require a vote of four-fifths of the members present to suspend
22-11 this rule. <(Constitution, Article III, Section 37) (Former Rule
22-12 73)>
22-13 TWENTY-FOUR-HOUR RULE
22-14 Rule 7.25 <7.27>. No vote shall be taken upon the passage of
22-15 any bill within the last 24 hours of the session unless it be to
22-16 correct an error therein, concur in House amendments to Senate
22-17 bills, or adopt a conference committee report. It shall require a
22-18 vote of four-fifths of members present to suspend this rule.
22-19 (Former Rule 73)
22-20 7. Amend Rule 11.02 to read as follows:
22-21 LIST OF SPECIAL AND STANDING COMMITTEES
22-22 Rule 11.02. At the beginning of each regular session, the
22-23 President shall appoint the following special committees and
22-24 standing committees with the number of members indicated: (Former
22-25 Rule 94)
23-1 SPECIAL COMMITTEES
23-2 (1) Committee on Administration (7 <11> members)
23-3 (2) Committee on Nominations (7 members)
23-4 STANDING COMMITTEES
23-5 (1) Committee on Criminal Justice (7 members)
23-6 (2) Committee on Economic Development (11 members)
23-7 (3) Committee on Education (11 members)
23-8 (4) Committee on Finance (13 members)
23-9 (5) Committee on Health and Human Services (9 members)
23-10 (6) Committee on Intergovernmental Relations (11
23-11 members)
23-12 (7) Committee on Jurisprudence (7 members)
23-13 (8) Committee on Natural Resources (11 members)
23-14 (9) Committee on State Affairs (13 members)
23-15 (10) Committee on International Relations, Trade, and
23-16 Technology (9 members)
23-17 8. Amend Rule 11.03 to read as follows:
23-18 OTHER SPECIAL COMMITTEES
23-19 Rule 11.03. (a) The President may appoint additional
23-20 special committees and may appoint standing subcommittees within
23-21 committees including subcommittees of the Committee of the Whole
23-22 Senate. The number of members of these committees and
23-23 subcommittees shall be determined by the President. (Former Rule
23-24 94(b))
23-25 (b) The President may direct that a subcommittee of the
24-1 Whole Senate appointed under this rule report directly to the
24-2 Senate concerning any matter within its jurisdiction.
24-3 9. Amend Rule 11.04 to read as follows:
24-4 CHAIR AND VICE-CHAIR OF STANDING
24-5 COMMITTEES AND STANDING SUBCOMMITTEES
24-6 Rule 11.04. The President shall designate the chair and
24-7 vice-chair of each standing committee and of each standing
24-8 subcommittee appointed by the President. (Former Rule 94(c))
24-9 10. Amend Rule 11.05 to read as follows:
24-10 LIMITATIONS ON MEMBERSHIP OF <STANDING>
24-11 COMMITTEES <AND STANDING SUBCOMMITTEES>
24-12 Rule 11.05. A Senator's appointment to any committee or
24-13 subcommittee, standing, special, select, statutory, or otherwise,
24-14 is terminated if the Senator fails to be renominated to the Senate
24-15 or is nominated to any other office. <A Senator may not serve on
24-16 more than three standing committees and may chair only one
24-17 committee. For each standing committee with more than 10 members,
24-18 the President must appoint at least four Senators who served on the
24-19 committee during the previous legislative session.> (Former Rule
24-20 94(c))
24-21 11. Amend Rule 11.13 to read as follows:
24-22 COMMITTEE REPORTS
24-23 Rule 11.13. (a) The chair of a committee shall sign and
24-24 file with the Secretary of the Senate a written report showing the
24-25 committee's final action on bills and resolutions considered by the
25-1 committee. In the chair's absence the vice-chair shall sign and
25-2 file the report.
25-3 (b) The report must be filed with the Secretary of the
25-4 Senate within three calendar days after the final action is taken,
25-5 Sundays and days the Senate is not in session excluded. If the
25-6 report is not filed within the three-day limit, three members of
25-7 the committee who were present when the final action was taken may
25-8 file the report without the signature of the chair or vice-chair.
25-9 (Former Rule 107(b))
25-10 (c) The Secretary of the Senate shall note on the committee
25-11 report the date and time the report was filed and forward the
25-12 report to be printed in compliance with Rule 7.12.
25-13 12. Amend Rule 11.20 to read as follows:
25-14 PRIVILEGED NOTICE OF HEARING ON SPECIFIC BILLS
25-15 (TAG RULE)
25-16 Rule 11.20. (a) Except as <otherwise> provided in
25-17 Subsection (d), upon the presentation of a written request to the
25-18 Secretary of the Senate on a form provided by the Secretary <this
25-19 rule>, a Senator shall receive <is entitled to receive a written
25-20 notice of the time and place fixed for a public hearing on a
25-21 specific bill> at least 48 hours advance written notice of the time
25-22 and place set for a public hearing on a specific bill or resolution
25-23 which has been referred to a Senate committee <before the hearing
25-24 is scheduled to commence if:>
25-25 <(1) the Senator has presented a written request for
26-1 the advance notice to the Secretary of the Senate on a form
26-2 prescribed by the Secretary; and>
26-3 <(2) no other Senator has previously presented a
26-4 similar request to the Secretary>.
26-5 (b) If the bill or resolution is on the agenda of a
26-6 committee and the committee meeting has already begun to consider
26-7 matters on the agenda, the request shall be presented to the chair
26-8 of the committee rather than the Secretary of the Senate, and the
26-9 chair shall note the time of the receipt of the request on the
26-10 request form and immediately deliver the form to the Secretary.
26-11 After receipt of the request, the bill shall not be laid before the
26-12 committee until notice is delivered to the Senator in accordance
26-13 with this rule.
26-14 (c) If requests are filed simultaneously by more than one
26-15 Senator, each Senator is entitled to advance notice in compliance
26-16 with this rule.
26-17 (d) A Senator is not entitled to <such> advance notice of
26-18 the time and place set for a public hearing on a bill or resolution
26-19 if:
26-20 (1) the time and place for a hearing on the bill has
26-21 been publicly posted for a period of 72 hours and the Senate has
26-22 been in session at any time during the first 24 hours of the
26-23 72-hour period; <or>
26-24 (2) at the request of the chair of the committee or
26-25 subcommittee to which the bill is referred, the Secretary of the
27-1 Senate notifies each Senator in writing of the time and place for
27-2 the hearing on the bill at least 48 hours before the hearing
27-3 begins; <or>
27-4 (3) the bill has been laid before a <the> committee or
27-5 subcommittee for consideration in a public hearing at which an
27-6 opportunity to appear and address the subject matter of the bill or
27-7 resolution was or is afforded to interested parties; or
27-8 (4) another Senator has previously presented a similar
27-9 request to the Secretary or the chair and the bill or resolution
27-10 has been set for public hearing in compliance with that request.
27-11 (e) <(c)> Upon receipt of written request for advance notice
27-12 of a hearing, the Secretary of the Senate shall:
27-13 (1) immediately inform the chair or in the absence of
27-14 the chair the vice-chair of the request;
27-15 (2) note the time and date of receipt on the request
27-16 and file a copy of the request for public inspection;
27-17 (3) attach a copy of the request to the bill or
27-18 resolution to which it applies. <The Secretary of the Senate shall
27-19 attach a copy of the request to the bill for which the advance
27-20 notice is requested. The Secretary of the Senate shall not accept a
27-21 request for advance notice of a hearing on a bill unless the bill
27-22 is in the possession of the Senate and has been referred to a
27-23 committee. The Secretary of the Senate shall immediately inform
27-24 the chair or the vice-chair in the chair's absence of the request
27-25 for advance notice.>
28-1 <(d) If a bill is included on the agenda of a committee
28-2 meeting and the meeting has commenced, a request for advance notice
28-3 must be presented to the chair of the committee rather than the
28-4 Secretary of the Senate. The chair shall note the time the request
28-5 was received and shall immediately notify the Secretary of the
28-6 Senate.>
28-7 <(e) If requests for advance notice of a hearing on a bill
28-8 are presented to the Secretary of the Senate simultaneously by two
28-9 or more Senators, each Senator is entitled to notice.>
28-10 (f) The chair of the committee, upon posting a bill or
28-11 resolution for public hearing in compliance with a request under
28-12 this rule, <to which a bill subject to advance notice is referred>
28-13 shall give written notice to <notify in writing> the Secretary of
28-14 the Senate and the Senator requesting notice of the time and place
28-15 fixed for the hearing on the bill or resolution.
28-16 (g) Notice delivered to the office of the Senator requesting
28-17 48 hours advance notice shall constitute official notice to that
28-18 Senator:
28-19 (1) if <except> that notice is <shall be> delivered by
28-20 the office of the Secretary of the Senate between the hours of 8:00
28-21 a.m. and 5:00 p.m. during days in which the Senate is convened; or
28-22 (2) delivery<. Delivery> of the notice to the
28-23 Senator's office is <shall be> acknowledged in writing by the
28-24 Senator or by a member of his or her staff at the time of delivery
28-25 as to date and hour.
29-1 (h) <(g)> If a Senator withdraws a <his or her> request for
29-2 advance notice of a hearing on a bill or resolution, a subsequently
29-3 filed request by another Senator shall be honored <is valid> unless
29-4 a hearing on the bill has already been posted in response to the
29-5 first request.
29-6 <(h) A committee may not hear or take any other action on a
29-7 bill subject to advance notice until the notice has been duly
29-8 given.>
29-9 (i) The President of the Senate shall ascertain the facts
29-10 concerning the giving of a notice of a committee hearing on a bill,
29-11 and the President's ruling as to the sufficiency of the notice
29-12 based on the facts as ascertained by the President is the final
29-13 determination of that point when no appeal from the ruling is made.
29-14 (j) If the provisions for requesting 48 hours advance notice
29-15 before hearing of a Senate bill have been properly fulfilled and a
29-16 House bill containing the same subject is before the committee, the
29-17 House bill is considered to require the same 48 hours notice before
29-18 hearing.
29-19 <(k) The provisions of this rule apply to resolutions in the
29-20 same manner that they apply to bills.> (Former Rule 105.1)
29-21 13. Amend Rule 16.05 to read as follows:
29-22 MATTERS REQUIRING VOTE
29-23 OF TWO-THIRDS OF MEMBERS OF SENATE
29-24 Rule 16.05. A vote of two-thirds of the members of the
29-25 Senate shall be required for:
30-1 (1) final passage of proposed amendment to the
30-2 Constitution; Rule 10.02 (Constitution, Article XVII, Section 1)
30-3 (Former Rule 31)
30-4 (2) immediate effect of a bill; (Constitution, Article
30-5 III, Section 39)
30-6 (3) the release of payment of taxes in cases of great
30-7 public calamity; (Constitution, Article VIII, Section 10) (Former
30-8 Rule 31)
30-9 (4) final passage of bills to reduce county to less
30-10 area than 900 square miles; (Constitution, Article IX, Section 1)
30-11 (Former Rule 31)
30-12 (5) passage of an address to the Governor for the
30-13 removal of any civil officer; (Constitution, Article XV, Section 8)
30-14 (Former Rule 31)
30-15 (6) expulsion of a member of the Senate; Rule 4.09
30-16 (Constitution, Article III, Section 11) (Former Rule 31)
30-17 (7) passage of House bills that have been returned by
30-18 the Governor with objections.<;> Rule 6.20 (Constitution, Article
30-19 IV, Section 14) (Former Rule 31(b))
30-20 <(8) authorization for the President to appoint
30-21 special committees and subcommittees within committees. Rule 11.03
30-22 (Former Rule 94)>
30-23 14. Amend Rule 16.09 to read as follows:
30-24 MATTERS REQUIRING VOTE WHEN LESS THAN
30-25 A QUORUM IS PRESENT
31-1 Rule 16.09. When a quorum is not present, a majority of the
31-2 members present may <authorize a>:
31-3 (1) authorize a call of the Senate; Rule 5.04 (Former
31-4 Rule 4) See note to Rule 5.04.
31-5 (2) authorize a call for absent members; or<.> Rule
31-6 5.02 (Former Rules 1 and 2) See note to Rule 5.02.
31-7 (3) adjourn or recess.