1-1 6. ORDER OF BUSINESS AND CALENDARS .................... 93
1-2 7. MOTIONS ............................................ 110
1-3 8. BILLS .............................................. 126
1-4 9. JOINT RESOLUTIONS .................................. 140
1-5 10. HOUSE RESOLUTIONS AND CONCURRENT
1-6 RESOLUTIONS ...................................... 142
1-7 11. AMENDMENTS ......................................... 144
1-8 12. PRINTING ........................................... 151
1-9 13. INTERACTIONS WITH THE GOVERNOR
1-10 AND SENATE ....................................... 155
1-11 14. GENERAL PROVISIONS ................................. 165
1-12 STATEMENT OF AUTHORIZATION AND PRECEDENCE
1-13 Pursuant to and under the authority of Section 11, Article
1-14 III, Texas Constitution, and notwithstanding any provision of
1-15 statute, the House of Representatives adopts the following rules to
1-16 govern its operations and procedures. The provisions of these
1-17 rules shall be deemed the only requirements binding on the House of
1-18 Representatives under Section 11, Article III, Texas Constitution,
1-19 notwithstanding any other requirements expressed in statute.
1-20 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
1-21 CHAPTER A. DUTIES AS PRESIDING OFFICER
1-22 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
1-23 enforce, apply, and interpret the rules of the house in all
1-24 deliberations of the house and shall enforce the legislative rules
1-25 prescribed by the statutes and the Constitution of Texas.
2-1 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
2-2 each calendar day precisely at the hour to which the house
2-3 adjourned or recessed at its last sitting and shall immediately
2-4 call the members to order.
2-5 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker shall
2-6 lay before the house its business in the order indicated by the
2-7 rules and shall receive propositions made by members and put them
2-8 to the house.
2-9 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
2-10 proposed legislation shall be referred by the speaker to an
2-11 appropriate standing or select committee with jurisdiction, subject
2-12 to correction by a majority vote of the house. A bill or
2-13 resolution may not be referred simultaneously to more than one
2-14 committee.
2-15 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
2-16 shall preserve order and decorum. In case of disturbance or
2-17 disorderly conduct in the galleries or in the lobby, the speaker
2-18 may order that these areas be cleared. No signs, placards, or
2-19 other objects of similar nature shall be permitted in the rooms,
2-20 lobby, gallery, and hall of the house. The speaker shall see that
2-21 the members of the house conduct themselves in a civil manner in
2-22 accordance with accepted standards of parliamentary conduct and
2-23 may, when necessary, order the sergeant-at-arms to clear the aisles
2-24 and seat the members of the house so that business may be conducted
2-25 in an orderly manner.
2-26 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written request
2-27 of a member, the speaker may recognize persons in the gallery. The
3-1 speaker shall afford that recognition at a convenient place in the
3-2 order of business, considering the need for order and decorum and
3-3 the need for continuity of debate. The request must be made on a
3-4 form prescribed by the Committee on House Administration. The
3-5 speaker may recognize, at a time he or she considers appropriate
3-6 during floor proceedings, the person serving as physician of the
3-7 day.
3-8 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
3-9 rise to put a question but may state it sitting. The question
3-10 shall be put distinctly in this form: "As many as are in favor
3-11 (here state the question or proposition under consideration), say
3-12 'Aye,'" and after the affirmative vote is expressed, "As many as
3-13 are opposed say 'No.'" If the speaker is in doubt as to the
3-14 result, or if a division is called for, the house shall
3-15 divide: those voting in the affirmative on the question shall
3-16 register "Aye" on the voting machine, and those voting in the
3-17 negative on the question shall register "No." Such votes shall not
3-18 be printed in the journal unless a record vote of yeas and nays is
3-19 ordered in accordance with the rules.
3-20 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The speaker
3-21 shall have the same right as other members to vote. If the
3-22 speaker, or a member temporarily presiding, has not voted, he or
3-23 she may cast the deciding vote at the time such opportunity becomes
3-24 official, whether to make or break a tie. If a verification of the
3-25 vote is called for and granted, the decision of the speaker, or a
3-26 member temporarily presiding, to cast the deciding vote need not be
3-27 made until the verification has been completed. In case of error
4-1 in a vote, if the correction leaves decisive effect to the vote of
4-2 the speaker, or a member temporarily presiding, the deciding vote
4-3 may be cast even though the result has been announced.
4-4 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
4-5 on all questions of order; however, such decisions are subject to
4-6 an appeal to the house made by any 10 members. Pending an appeal,
4-7 the speaker shall call a member to the chair, who shall not have
4-8 the authority to entertain or decide any other matter or
4-9 proposition until the appeal has first been determined by the
4-10 house. The question on appeal is, "Shall the chair be sustained?"
4-11 (b) No member shall speak more than once on an appeal unless
4-12 given leave by a majority of the house. No motion shall be in
4-13 order, pending an appeal, except a motion to adjourn, a motion to
4-14 lay on the table, a motion for the previous question, or a motion
4-15 for a call of the house. Responses to parliamentary inquiries and
4-16 decisions of recognition made by the chair may not be appealed.
4-17 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
4-18 CHAIR. The speaker shall have the right to name any member to
4-19 perform the duties of the chair and may name a member to serve as
4-20 speaker pro tempore by delivering a written order to the chief
4-21 clerk and a copy to the journal clerk. A permanent speaker pro
4-22 tempore shall, in the absence or inability of the speaker, call the
4-23 house to order and perform all other duties of the chair in
4-24 presiding over the deliberations of the house and perform other
4-25 duties and exercise other responsibilities as may be assigned by
4-26 the speaker. If the house is not in session, and a permanent
4-27 speaker pro tempore has not been named, or if the speaker pro
5-1 tempore is not available or for any reason is not able to function,
5-2 the speaker may deliver a written order to the chief clerk, with a
5-3 copy to the journal clerk, naming the member who shall call the
5-4 house to order and preside during the speaker's absence. The
5-5 speaker pro tempore shall serve at the pleasure of the speaker.
5-6 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
5-7 emergency of such compelling nature that the speaker must adjourn
5-8 the house without fixing a date and hour of reconvening, the
5-9 speaker shall have authority to determine the date and hour of
5-10 reconvening and to notify the members of the house by any means the
5-11 speaker considers adequate. Should the speaker be disabled or
5-12 otherwise unable to exercise these emergency powers, the permanent
5-13 speaker pro tempore, if one has been named, shall have authority to
5-14 act. If there is no permanent speaker pro tempore, or if that
5-15 officer is unable to act, authority shall be exercised by the chair
5-16 of the Committee on State Affairs, who shall preside until the
5-17 house can proceed to the selection of a temporary presiding officer
5-18 to function until the speaker or the speaker pro tempore is again
5-19 able to exercise the duties and responsibilities of the office.
5-20 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is not
5-21 in session, if the speaker determines that it would be a hazard to
5-22 the safety of the members, officers, employees, and others
5-23 attending the legislature to reconvene at the time determined by
5-24 the house at its last sitting, the speaker may clear the area of
5-25 the capitol under the control of the house and postpone the
5-26 reconvening of the house for a period of not more than 12 hours.
5-27 On making that determination, the speaker shall order the
6-1 sergeant-at-arms to post an assistant at each first floor entrance
6-2 to the capitol and other places and advise all persons entering of
6-3 the determination and the time set for the house to reconvene. The
6-4 speaker shall also notify the journal clerk and the news media of
6-5 the action, and the action shall be entered in the house journal.
6-6 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
6-7 resolutions, and concurrent resolutions shall be signed by the
6-8 speaker in the presence of the house, as required by the
6-9 constitution; and all writs, warrants, and subpoenas issued by
6-10 order of the house shall be signed by the speaker and attested by
6-11 the chief clerk, or the person acting as chief clerk.
6-12 CHAPTER B. ADMINISTRATIVE DUTIES
6-13 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
6-14 have general control, except as otherwise provided by law, of the
6-15 hall of the house, its lobbies, galleries, corridors, and passages,
6-16 and other rooms in those parts of the capitol assigned to the use
6-17 of the house; except that the hall of the house shall not be used
6-18 for any meeting other than legislative meetings during any regular
6-19 or special session of the legislature unless specifically
6-20 authorized by resolution.
6-21 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The speaker
6-22 shall designate the chair and vice-chair of each standing
6-23 substantive committee and shall also appoint membership of the
6-24 committee, subject to the provisions of Rule 4, Section 2.
6-25 (b) If members of equal seniority request the same
6-26 committee, the speaker shall decide which among them shall be
6-27 assigned to that committee.
7-1 (c) In announcing the membership of the standing substantive
7-2 committees, the speaker shall designate which are appointees and
7-3 which acquire membership by seniority.
7-4 (d) The speaker shall appoint the chair and vice-chair of
7-5 each standing procedural committee and the remaining membership of
7-6 the committee.
7-7 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE COMMITTEES.
7-8 (a) The speaker shall appoint all conference committees. The
7-9 speaker shall name the chair of each conference committee, and may
7-10 also name the vice-chair thereof.
7-11 (b) The speaker may at any time by proclamation create a
7-12 select committee. The speaker shall name the chair and vice-chair
7-13 thereof. A select committee has the jurisdiction, authority, and
7-14 duties and exists for the period of time specified in the
7-15 proclamation. A select committee has the powers granted by these
7-16 rules to a standing committee except as limited by the
7-17 proclamation. A copy of each proclamation creating a select
7-18 committee shall be filed with the chief clerk.
7-19 Sec. 17. INTERIM STUDIES. When the legislature is not in
7-20 session, the speaker shall have the authority to direct committees
7-21 to make interim studies for such purposes as the speaker may
7-22 designate, and the committees shall meet as often as necessary to
7-23 transact effectively the business assigned to them. The speaker
7-24 shall provide to the chief clerk a copy of interim charges made to
7-25 a standing or select committee.
7-26 CHAPTER C. CAMPAIGNS FOR SPEAKER
7-27 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
8-1 SESSION. During a regular session of the legislature a member may
8-2 not solicit written pledges from other members for their support of
8-3 or promise to vote for any person for the office of speaker.
8-4 RULE 2. EMPLOYEES
8-5 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
8-6 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
8-7 (1) be the custodian of all bills and resolutions;
8-8 (2) number in the order of their filing, with a
8-9 separate sequence for each category, all bills, joint resolutions,
8-10 concurrent resolutions, and house resolutions;
8-11 (3) provide for the keeping of a complete record of
8-12 introduction and action on all bills and resolutions, including the
8-13 number, author, brief description of the subject matter, committee
8-14 reference, and the time sequence of action taken on all bills and
8-15 resolutions to reflect at all times their status in the legislative
8-16 process;
8-17 (4) on the day of numbering a bill relating to a
8-18 conservation and reclamation district created under Article XVI,
8-19 Section 59, of the Texas Constitution, send two copies of the bill,
8-20 with two copies of the notice of intention to introduce the bill,
8-21 to the governor and notify the journal clerk of the action;
8-22 (5) receive the recommendations of the Texas Natural
8-23 Resource Conservation Commission on a bill forwarded to the
8-24 commission under Article XVI, Section 59, of the Texas
8-25 Constitution, attach them to the bill to which they apply, and
8-26 notify the journal clerk that the recommendations have been filed;
8-27 (6) forward to the committee chair a certified copy of
9-1 each legislative document referred to a committee along with
9-2 certified copies of all official attachments to the document;
9-3 (7) have printed and distributed correct copies of all
9-4 legislative documents, as provided in the subchapter on printing,
9-5 and keep an exact record of the date and hour of transmittal to the
9-6 printer, return from the printer, and distribution of the document
9-7 to members of the house with that information time-stamped on the
9-8 originals of the document;
9-9 (8) certify the passage of bills and resolutions,
9-10 noting on them the date of passage and the vote by which passed, if
9-11 by record vote;
9-12 (9) be responsible for engrossing all house bills and
9-13 resolutions that have passed second reading and those that have
9-14 passed third reading, and for enrolling all house bills and
9-15 resolutions that have passed both houses.
9-16 All engrossed and enrolled documents shall be prepared
9-17 without erasures, interlineations, or additions in the margin.
9-18 House concurrent resolutions passed without amendment
9-19 shall not be engrossed but shall be certified and forwarded
9-20 directly to the senate.
9-21 Engrossed riders may be used in lieu of full
9-22 engrossment on second reading passage;
9-23 (10) be authorized to amend the caption to conform to
9-24 the body of each house bill and joint resolution ordered engrossed
9-25 or enrolled;
9-26 (11) be responsible for noting on each house bill or
9-27 joint resolution, for certification by the speaker of the house,
10-1 the lieutenant governor, the chief clerk of the house, and the
10-2 secretary of the senate, the following information:
10-3 (A) date of final passage, and the vote on final
10-4 passage, if by record vote, or the notation "Nonrecord Vote," if
10-5 not by record vote. If the bill was amended in the senate, this
10-6 fact shall also be noted;
10-7 (B) date of concurrence by the house in senate
10-8 amendments, and the vote on concurrence, if by record vote, or the
10-9 notation "Nonrecord Vote," if not by record vote;
10-10 (C) date of adoption by each house of a
10-11 conference committee report and the vote on adoption, if by record
10-12 vote, or the notation "Nonrecord Vote," if not by record vote;
10-13 (D) that a bill containing an appropriation was
10-14 passed subject to the provisions of Article III, Section 49a, of
10-15 the Texas Constitution; and
10-16 (E) that a concurrent resolution was adopted by
10-17 both houses directing the correction of an enrolled bill, if
10-18 applicable;
10-19 (12) transmit over signature all messages from the
10-20 house to the senate, including typewritten copies of amendments to
10-21 senate bills;
10-22 (13) prepare copies of senate amendments to house
10-23 bills for the journal before the amendments and the bill or
10-24 resolution to which they relate are sent to the printer or to the
10-25 speaker;
10-26 (14) notify the speaker in writing that the senate did
10-27 not concur in house amendments to a bill or resolution and requests
11-1 a conference committee, and include in this notice the names of the
11-2 senate conferees; and
11-3 (15) provide a certified copy of a house bill or
11-4 resolution which may be lost showing each parliamentary step taken
11-5 on the bill.
11-6 (b) The chief clerk shall also:
11-7 (1) attest all writs, warrants and subpoenas issued by
11-8 order of the house;
11-9 (2) provide for issuance of an identification card to
11-10 each member and employee of the house;
11-11 (3) receive reports of select committees and forward
11-12 copies to the speaker and journal clerk;
11-13 (4) not later than 30 days after the close of each
11-14 session, acquire from each of the various clerks of the house,
11-15 except the journal clerk, all reports, records, bills, papers, and
11-16 other documents remaining in their possession and file them with
11-17 the Legislative Reference Library, unless otherwise provided by
11-18 law;
11-19 (5) receive and file all other documents required by
11-20 law or by the rules of the house;
11-21 (6) prepare a roster of members in order of seniority
11-22 showing the number of years of service of each member, as provided
11-23 in Rule 4, Section 2; and
11-24 (7) have printed and distributed the list of Items
11-25 Eligible for Consideration as required by the rules.
11-26 (c) The chief clerk shall also provide for the following to
11-27 be made available on the electronic legislative information system
12-1 at the same time that the corresponding copies are placed in the
12-2 members' newspaper mailboxes:
12-3 (1) all house calendars and lists of items eligible
12-4 for consideration and the time-stamp information for those
12-5 calendars and lists; and
12-6 (2) the time-stamp information for all official
12-7 printings of bills and resolutions.
12-8 (d) The chief clerk shall also:
12-9 (1) maintain duplicate originals of committee minutes
12-10 as required by Rule 4, Sections 18(b) and (c);
12-11 (2) maintain sworn statements from witnesses appearing
12-12 before committees as required by Rule 4, Section 20(c);
12-13 (3) under the direction of the Committee on House
12-14 Administration, prescribe the form of the sworn statements for
12-15 witnesses; [and]
12-16 (4) as directed by the chair of a committee, post
12-17 committee meeting notices in accordance with the rules; and
12-18 (5) request fiscal notes on house bills and joint
12-19 resolutions with senate amendments and distribute fiscal notes on
12-20 house bills and joint resolutions with senate amendments and
12-21 conference committee reports as required by Rule 13, Sections 5 and
12-22 10.
12-23 Sec. 2. JOURNAL CLERK. The journal clerk shall:
12-24 (1) keep a journal of the proceedings of the house,
12-25 except when the house is acting as a committee of the whole, and
12-26 enter the following:
12-27 (A) the number, author, and caption of every
13-1 bill introduced;
13-2 (B) descriptions of all congratulatory and
13-3 memorial resolutions on committee report, motions, amendments,
13-4 questions of order and decisions on them, messages from the
13-5 governor, and messages from the senate;
13-6 (C) the summaries of congratulatory and memorial
13-7 resolutions, as printed on the congratulatory and memorial
13-8 calendar;
13-9 (D) the number of each bill, joint resolution,
13-10 and concurrent resolution signed in the presence of the house;
13-11 (E) a listing of reports made by standing
13-12 committees;
13-13 (F) reports of select committees, when ordered
13-14 by the house;
13-15 (G) every record vote or registration of the
13-16 house with a concise statement of the action and the result;
13-17 (H) the names of all absentees, both excused and
13-18 not excused;
13-19 (I) senate amendments to house bills or
13-20 resolutions, when concurred in by the house;
13-21 (J) the date each bill is transmitted to the
13-22 governor;
13-23 (K) the date recommendations of the Texas
13-24 Natural Resource Conservation Commission on each bill subject to
13-25 Article XVI, Section 59, of the Texas Constitution, are filed with
13-26 the chief clerk;
13-27 (L) all pairs as a part of a record vote;
14-1 (M) reasons for a vote;
14-2 (N) the vote of a member on a nonrecord vote,
14-3 when filed with the journal clerk within 1 hour of the time the
14-4 result of the vote was announced by the chair;
14-5 (O) the statement of a member who was absent
14-6 when a vote was taken indicating how the member would have voted;
14-7 and
14-8 (P) official state documents, reports, and other
14-9 matters, when ordered by the house;
14-10 (2) prepare a daily journal for each calendar day that
14-11 the house is in session and distribute copies to the members of the
14-12 house on the succeeding calendar day or the earliest possible date;
14-13 and
14-14 (3) prepare and have printed a permanent house journal
14-15 of regular and special sessions in accordance with the law and the
14-16 following provisions:
14-17 (A) When completed, no more than 300 copies
14-18 shall be bound and distributed as follows:
14-19 (i) one copy to each member of the house
14-20 of representatives;
14-21 (ii) one copy to each member of the
14-22 senate; and
14-23 (iii) the remainder of the copies to be
14-24 distributed by the Committee on House Administration.
14-25 (B) The journal clerk shall not receive or
14-26 receipt for the permanent house journal until it has been correctly
14-27 published.
15-1 Sec. 3. READING CLERKS. The reading clerks, under the
15-2 supervision of the speaker, shall:
15-3 (1) call the roll of the house in alphabetical order
15-4 when ordered to do so by the speaker; and
15-5 (2) read all bills, resolutions, motions, and other
15-6 matters required by the rules or directed by the speaker.
15-7 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
15-8 (1) under the direction of the speaker, have charge of
15-9 and maintain order in the hall of the house, its lobbies and
15-10 galleries, and all other rooms in the capitol assigned for the use
15-11 of the house of representatives;
15-12 (2) attend the house and the committee of the whole
15-13 during all meetings and maintain order under the direction of the
15-14 speaker or other presiding officer;
15-15 (3) execute the commands of the house and serve the
15-16 writs and processes issued by the authority of the house and
15-17 directed by the speaker;
15-18 (4) supervise assistants to the sergeant-at-arms who
15-19 shall aid in the performance of prescribed duties and have the same
15-20 authority, subject to the control of the speaker;
15-21 (5) clear the floor of the house of all persons not
15-22 entitled to the privileges of the floor at least 30 minutes prior
15-23 to the convening of each session of the house;
15-24 (6) bring in absent members when so directed under a
15-25 call of the house;
15-26 (7) not allow the distribution of any printed matter
15-27 in the hall of the house, other than newspapers that have been
16-1 published at least once a week for a period of one year, unless it
16-2 first has been authorized in writing by at least one member of the
16-3 house and the name of the member appears on the printed matter.
16-4 The sergeant-at-arms shall refuse to accept for distribution any
16-5 printed matter which does not bear the name of the member or
16-6 members authorizing the distribution;
16-7 (8) keep a copy of written authorization and a record
16-8 of the matter distributed in the permanent files of the house;
16-9 (9) enforce parking regulations applicable to areas of
16-10 the capitol complex under the control of the house and supervise
16-11 parking attendants; and
16-12 (10) supervise the doorkeeper.
16-13 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
16-14 of the sergeant-at-arms, shall:
16-15 (1) enforce strictly the rules of the house relating
16-16 to privileges of the floor and perform other duties as directed by
16-17 the speaker;
16-18 (2) close the main entrance and permit no member to
16-19 leave the house without written permission from the speaker when a
16-20 call of the house or a call of the committee of the whole is
16-21 ordered, take up permission cards as members leave the hall, and
16-22 take up permission cards of those who are admitted to the floor of
16-23 the house under the rules and practice of the house;
16-24 (3) obtain recognition from the speaker and announce a
16-25 messenger from the governor or the senate on arrival at the bar of
16-26 the house; and
16-27 (4) obtain recognition from the speaker and announce
17-1 the arrival of the governor or the senate on arrival at the bar of
17-2 the house for official proceedings in the house.
17-3 Sec. 6. CHAPLAIN. The chaplain shall open the first session
17-4 on each calendar day with a prayer and shall perform such other
17-5 duties as directed by the Committee on House Administration.
17-6 Sec. 7. VOTING CLERK. The voting clerk, under the
17-7 supervision of the speaker, shall:
17-8 (1) open and close the voting machine on registrations
17-9 and record votes as ordered by the speaker;
17-10 (2) record votes from the floor as directed by the
17-11 speaker;
17-12 (3) prepare official copies of all record votes for
17-13 the journal;
17-14 (4) make no additions, subtractions, or other changes
17-15 in any registration or record vote unless specifically granted
17-16 permission by the house or directed by the speaker prior to the
17-17 announcement of the final result; and
17-18 (5) lock the voting machine of each member who is
17-19 excused or who is otherwise known to be absent when the house is in
17-20 session until the member personally requests that the machine be
17-21 unlocked.
17-22 RULE 3. STANDING COMMITTEES
17-23 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall have
17-24 nine members, with jurisdiction over all matters pertaining to:
17-25 (1) agriculture, horticulture, and farm husbandry;
17-26 (2) livestock and stock raising, and the livestock
17-27 industry;
18-1 (3) the development and preservation of forests, and
18-2 the regulation, control, and promotion of the lumber industry; and
18-3 (4) the following state agencies: the Department of
18-4 Agriculture, the Texas Animal Health Commission, the State Soil and
18-5 Water Conservation Board, the Texas Forest Service, the Office of
18-6 South Central Interstate Forest Fire Protection Compact, the Office
18-7 of Chief Apiary Inspector, the Texas Agricultural Experiment
18-8 Station, the Texas Agricultural Extension Service, the Texas Food
18-9 and Fibers Commission, the State Seed and Plant Board, the State
18-10 Board of Veterinary Medical Examiners, the Texas Veterinary Medical
18-11 Diagnostic Laboratory, the Egg Marketing Advisory Board, the
18-12 Produce Recovery Fund Board, the Texas Structural Pest Control
18-13 Board, and the Texas Animal Damage Control Service.
18-14 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
18-15 members, with jurisdiction over:
18-16 (1) all bills and resolutions appropriating money from
18-17 the state treasury;
18-18 (2) all bills and resolutions containing provisions
18-19 resulting in automatic allocation of funds from the state
18-20 treasury;
18-21 (3) all bills and resolutions diverting funds from the
18-22 state treasury or preventing funds from going in that otherwise
18-23 would be placed in the state treasury; and
18-24 (4) all matters pertaining to claims and accounts
18-25 filed with the legislature against the state unless jurisdiction
18-26 over those bills and resolutions is specifically granted by these
18-27 rules to some other standing committee.
19-1 (b) The appropriations committee may comment upon any bill
19-2 or resolution containing a provision resulting in an automatic
19-3 allocation of funds.
19-4 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
19-5 nine members, with jurisdiction over all matters pertaining to:
19-6 (1) industry and manufacturing;
19-7 (2) industrial safety and adequate and safe working
19-8 conditions, and the regulation and control of those conditions;
19-9 (3) hours, wages, collective bargaining, and the
19-10 relationship between employers and employees;
19-11 (4) the regulation of business transactions and
19-12 transactions involving property interests;
19-13 (5) the organization, incorporation, management, and
19-14 regulation of private corporations and professional associations
19-15 and the Uniform Commercial Code and the Limited Partnership Act;
19-16 (6) the protection of consumers, governmental
19-17 regulations incident thereto, the agencies of government authorized
19-18 to regulate such activities, and the role of the government in
19-19 consumer protection; and
19-20 (7) the following state agencies: the Texas Workers'
19-21 Compensation Commission, the Texas Workers' Compensation Insurance
19-22 Fund Board, the Texas Workers' Compensation Insurance Facility
19-23 Governing Committee, and the Research and Oversight Council on
19-24 Workers' Compensation [Texas Workers' Compensation Research
19-25 Center].
19-26 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
19-27 members, with jurisdiction over:
20-1 (1) the placement of bills and resolutions on
20-2 appropriate calendars, except those within the jurisdiction of the
20-3 Committee on Rules and Resolutions;
20-4 (2) the determination of priorities and proposal of
20-5 rules for floor consideration of such bills and resolutions; and
20-6 (3) all other matters concerning the calendar system
20-7 and the expediting of the business of the house as may be assigned
20-8 by the speaker.
20-9 Sec. 5. CIVIL PRACTICES. The committee shall have nine
20-10 members, with jurisdiction over all matters pertaining to:
20-11 (1) fines and penalties arising under civil laws;
20-12 (2) civil law, including rights, duties, remedies, and
20-13 procedures thereunder;
20-14 (3) civil procedure in the courts of Texas;
20-15 (4) administrative law and the adjudication of rights
20-16 by administrative agencies; and
20-17 (5) permission to sue the state.
20-18 Sec. 6. CORRECTIONS. The committee shall have nine members,
20-19 with jurisdiction over all matters pertaining to:
20-20 (1) the incarceration and rehabilitation of convicted
20-21 felons;
20-22 (2) the establishment and maintenance of programs that
20-23 provide alternatives to incarceration;
20-24 (3) the commitment and rehabilitation of youths;
20-25 (4) the construction, operation, and management of
20-26 correctional facilities of the state and facilities used for the
20-27 commitment and rehabilitation of youths; and
21-1 (5) the following state agencies: the Texas
21-2 Department of Criminal Justice, the Board of Pardons and Paroles,
21-3 the Texas Youth Commission, the Council on Sex Offender Treatment,
21-4 the Texas Council on Offenders with Mental Impairments, and the
21-5 Criminal Justice Policy Council.
21-6 Sec. 7. COUNTY AFFAIRS. The committee shall have nine
21-7 members, with jurisdiction over all matters pertaining to:
21-8 (1) counties, including their organization, creation,
21-9 boundaries, government, and finance and the compensation and duties
21-10 of their officers and employees;
21-11 (2) establishing districts for the election of
21-12 governing bodies of counties;
21-13 (3) regional councils of governments;
21-14 (4) multicounty boards or commissions;
21-15 (5) relationships or contracts between counties;
21-16 (6) other units of local government; and
21-17 (7) the following state agency: the Commission on
21-18 Jail Standards.
21-19 Sec. 8. CRIMINAL JURISPRUDENCE. The committee shall have
21-20 nine members, with jurisdiction over all matters pertaining to:
21-21 (1) criminal law, prohibitions, standards, and
21-22 penalties;
21-23 (2) probation and parole;
21-24 (3) criminal procedure in the courts of Texas;
21-25 (4) revision or amendment of the Penal Code; and
21-26 (5) the following state agencies: the Office of State
21-27 Prosecuting Attorney and the Office of Interstate Parole Compact
22-1 Administrator for Texas.
22-2 Sec. 9. ECONOMIC DEVELOPMENT. The committee shall have nine
22-3 members, with jurisdiction over all matters pertaining to:
22-4 (1) commerce, trade, and manufacturing;
22-5 (2) economic and industrial development;
22-6 (3) job creation and job-training programs;
22-7 (4) hours, wages, collective bargaining, and the
22-8 relationship between employers and employees;
22-9 (5) unemployment compensation, including coverage,
22-10 benefits, taxes, and eligibility;
22-11 (6) boiler inspection and safety standards and
22-12 regulation;
22-13 (7) labor unions and their organization, control,
22-14 management, and administration;
22-15 (8) weights and measures;
22-16 (9) advances in science and technology, including
22-17 telecommunications, electronic technology, and automated data
22-18 processing and the regulation of those industries;
22-19 (10) the promotion of scientific research,
22-20 technological development, and technology transfer in the state;
22-21 (11) matters relating to cooperation of state and
22-22 local governments with the scientific and technological community,
22-23 which includes industry, the universities, and federal governmental
22-24 laboratories; and
22-25 (12) the following state agencies: the Texas
22-26 Department of Commerce, the Texas Workforce Commission [Texas
22-27 Employment Commission], the Texas Aerospace Commission, the Council
23-1 on Workforce and Economic Competitiveness, and the Texas National
23-2 Research Laboratory Commission.
23-3 Sec. 10. ELECTIONS. The committee shall have nine members,
23-4 with jurisdiction over all matters pertaining to:
23-5 (1) the right of suffrage in Texas;
23-6 (2) primary, special, and general elections;
23-7 (3) revision, modification, amendment, or change of
23-8 the Election Code;
23-9 (4) the secretary of state in relation to elections;
23-10 (5) campaign finance; and
23-11 (6) the following state agency: the Office of the
23-12 Secretary of State.
23-13 Sec. 11. ENERGY RESOURCES. The committee shall have nine
23-14 members, with jurisdiction over all matters pertaining to:
23-15 (1) the conservation of the energy resources of
23-16 Texas;
23-17 (2) the production, regulation, transportation, and
23-18 development of oil, gas, and other energy resources;
23-19 (3) mining and the development of mineral deposits
23-20 within the state;
23-21 (4) the leasing and regulation of mineral rights under
23-22 public lands;
23-23 (5) pipelines, pipeline companies, and all others
23-24 operating as common carriers in the state;
23-25 (6) electric utility regulation as it relates to
23-26 energy production and consumption; and
23-27 (7) the following state agencies: the Railroad
24-1 Commission of Texas, the Office of Interstate Oil Compact
24-2 Commissioner for Texas, the Office of Interstate Mining Compact
24-3 Commissioner for Texas, the Texas Energy Coordination Council, the
24-4 Texas Committee on Energy Policy, and the Office of Southern States
24-5 Energy Board Member for Texas.
24-6 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall have
24-7 nine members, with jurisdiction over all matters pertaining to:
24-8 (1) air, land, and water pollution, including the
24-9 environmental regulation of industrial development;
24-10 (2) the regulation of waste disposal;
24-11 (3) environmental matters that are regulated by the
24-12 Department of Health or the Texas Natural Resource Conservation
24-13 Commission;
24-14 (4) oversight of the Texas Natural Resource
24-15 Conservation Commission as it relates to environmental regulation;
24-16 and
24-17 (5) the following state agencies: the Pollution
24-18 Prevention Council, the Texas Agriculture Resources Protection
24-19 Authority, the Texas Low-Level Radioactive Waste Disposal Compact
24-20 Commission, and the Texas Low-Level Radioactive Waste Disposal
24-21 Authority.
24-22 Sec. 13. FINANCIAL INSTITUTIONS. The committee shall have
24-23 nine members, with jurisdiction over all matters pertaining to:
24-24 (1) banking and the state banking system;
24-25 (2) savings and loan associations;
24-26 (3) credit unions;
24-27 (4) the regulation of state and local bonded
25-1 indebtedness;
25-2 (5) the lending of money; and
25-3 (6) the following state agencies: The Finance
25-4 Commission of Texas, the Credit Union Commission, the Office of
25-5 Consumer Credit Commissioner, the Office of Banking Commissioner,
25-6 [the State Banking Board,] the Banking Department of Texas, the
25-7 Savings and Loan Department of Texas, the Texas Treasury
25-8 Safekeeping Trust Company, the Texas Public Finance Authority, the
25-9 Bond Review Board, and the State Depository Board[, and the Office
25-10 of the State Treasurer].
25-11 Sec. 14. GENERAL INVESTIGATING (PROCEDURAL). (a) The
25-12 General Investigating Committee consists of five members of the
25-13 house appointed by the speaker. The speaker shall appoint the
25-14 chair and the vice-chair of the committee.
25-15 (b) The general investigating committee has all the powers
25-16 and duties and shall operate according to the procedures prescribed
25-17 by Subchapter B, Chapter 301, Government Code, and the rules of the
25-18 house, as applicable.
25-19 Sec. 15. HIGHER EDUCATION. The committee shall have nine
25-20 members, with jurisdiction over all matters pertaining to:
25-21 (1) education beyond high school;
25-22 (2) the colleges and universities of the State of
25-23 Texas; and
25-24 (3) the following state agencies: the Texas
25-25 Engineering Experiment Station, the Texas Engineering Extension
25-26 Service, the Texas Higher Education Coordinating Board, the Texas
25-27 Guaranteed Student Loan Corporation, the State Medical Education
26-1 Board, the Prepaid Higher Education Tuition Board, and the Texas
26-2 Transportation Institute.
26-3 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
26-4 shall have 11 members, with jurisdiction over:
26-5 (1) administrative operation of the house and its
26-6 employees;
26-7 (2) the general house fund, with full control over all
26-8 expenditures from the fund;
26-9 (3) all property, equipment, and supplies obtained by
26-10 the house for its use and the use of its members;
26-11 (4) all office space available for the use of the
26-12 house and its members;
26-13 (5) the assignment of vacant office space, vacant
26-14 parking spaces, and vacant desks on the house floor to members with
26-15 seniority based on cumulative years of service in the house, except
26-16 that the committee may make these assignments based on physical
26-17 disability of a member where it deems proper;
26-18 (6) all admissions to the floor during sessions of the
26-19 house;
26-20 (7) all proposals to invite nonmembers to appear
26-21 before or address the house or a joint session;
26-22 (8) all radio broadcasting and televising, live or
26-23 recorded, of sessions of the house;
26-24 (9) the electronic recording of the proceedings of the
26-25 house of representatives and the custody of the recordings of
26-26 testimony before house committees, with authority to promulgate
26-27 reasonable rules, regulations, and conditions concerning the
27-1 safekeeping, reproducing, transcribing of the recordings, and the
27-2 defraying of costs for transcribing the recordings, subject to
27-3 other provisions of these rules;
27-4 (10) all witnesses appearing before the house or any
27-5 committee thereof in support of or in opposition to any pending
27-6 legislative proposal; and
27-7 (11) the following state agency: the State
27-8 Preservation Board.
27-9 Sec. 17. HUMAN SERVICES. The committee shall have nine
27-10 members, with jurisdiction over all matters pertaining to:
27-11 (1) welfare and rehabilitation programs and their
27-12 development, administration, and control;
27-13 (2) oversight of the Health and Human Services
27-14 Commission as it relates to the subject matter jurisdiction of this
27-15 committee; and
27-16 (3) the following state agencies: the Texas
27-17 Department on Aging, the Texas State Board of Social Worker
27-18 Examiners, the Texas Council [Committee] on Purchasing from People
27-19 with Disabilities [Purchases of Products and Services of Blind and
27-20 Severely Disabled Persons], the Texas Commission for the Blind, the
27-21 Texas Commission for the Deaf and Hard of Hearing [Impaired], the
27-22 Texas Department of Human Services, the Department of Protective
27-23 and Regulatory Services, the Texas Rehabilitation Commission, the
27-24 Children's Trust Fund of Texas Council, and the Texas State Board
27-25 of Examiners of Professional Counselors.
27-26 Sec. 18. INSURANCE. The committee shall have nine members,
27-27 with jurisdiction over all matters pertaining to:
28-1 (1) insurance and the insurance industry;
28-2 (2) all insurance companies and other organizations of
28-3 any type writing or issuing policies of insurance in the State of
28-4 Texas, including their organization, incorporation, management,
28-5 powers, and limitations; and
28-6 (3) the following state agencies: the Texas
28-7 Department of Insurance, the Texas Health Benefits Purchasing
28-8 Cooperative, and the Office of Public Insurance Counsel.
28-9 Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
28-10 members, with jurisdiction over all matters pertaining to:
28-11 (1) uniform state laws;
28-12 (2) creating, changing, or otherwise affecting courts
28-13 of judicial districts of the state;
28-14 (3) establishing districts for the election of
28-15 judicial officers;
28-16 (4) [the State Bar of Texas;]
28-17 [(5)] the Texas Judicial Council;
28-18 (5) [(6)] the State Commission on Judicial Conduct;
28-19 (6) [(7)] the Office of the Attorney General,
28-20 including its organization, powers, functions, and
28-21 responsibilities;
28-22 (7) [(8)] courts and court procedures except where
28-23 jurisdiction is specifically granted to some other standing
28-24 committee; and
28-25 (8) [(9)] the following state agencies: the Supreme
28-26 Court, the Courts of Appeals, the Court of Criminal Appeals, the
28-27 State Commission on Judicial Conduct, the Office of Court
29-1 Administration of the Texas Judicial System, the State Law Library,
29-2 the Texas Judicial Council, the Office of the Attorney General, the
29-3 Court Reporters Certification Board, and the Board of Law
29-4 Examiners.
29-5 Sec. 20. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
29-6 shall have nine members, with jurisdiction over all matters
29-7 pertaining to:
29-8 (1) juvenile delinquency and gang violence;
29-9 (2) criminal law, prohibitions, standards, and
29-10 penalties as applied to juveniles;
29-11 (3) criminal procedure in the courts of Texas as it
29-12 relates to juveniles;
29-13 (4) civil law as it relates to familial relationships,
29-14 including rights, duties, remedies, and procedures thereunder; and
29-15 (5) the following state agencies: the Texas Juvenile
29-16 Probation Commission and the Advisory Council on Juvenile Services.
29-17 Sec. 21. LAND AND RESOURCE MANAGEMENT. The committee shall
29-18 have nine members, with jurisdiction over all matters pertaining
29-19 to:
29-20 (1) the management of public lands;
29-21 (2) the power of eminent domain;
29-22 (3) annexation, zoning, and other governmental
29-23 regulation of land use; and
29-24 (4) the following state agencies: the Veterans' Land
29-25 Board, the School Land Board, the Board for Lease of University
29-26 Lands, the Coastal Coordination Council, and the General Land
29-27 Office.
30-1 Sec. 22. LICENSING AND ADMINISTRATIVE PROCEDURES. The
30-2 committee shall have nine members, with jurisdiction over all
30-3 matters pertaining to:
30-4 (1) the oversight of businesses, industries, general
30-5 trades, and occupations regulated by this state;
30-6 (2) the regulation of greyhound and horse racing and
30-7 other gaming industries;
30-8 (3) regulation of the sale of intoxicating beverages
30-9 and local option control;
30-10 (4) the Alcoholic Beverage Code; and
30-11 (5) the following state agencies: the Texas
30-12 Department of Licensing and Regulation, the State Office of
30-13 Administrative Hearings, the Texas Board of Architectural
30-14 Examiners, the Texas State Board of Public Accountancy, the Texas
30-15 Real Estate Commission, the Texas State Board of Plumbing
30-16 Examiners, the State Board of Registration for Professional
30-17 Engineers, the Real Estate Research Center, the Texas Board of
30-18 Professional Land Surveying, the Texas Racing Commission, the Texas
30-19 Appraiser Licensing and Certification Board, the Texas Lottery
30-20 Commission, the State Bar of Texas, and the Texas Alcoholic
30-21 Beverage Commission.
30-22 Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
30-23 committee shall have 11 members, with jurisdiction over:
30-24 (1) the placement on appropriate calendars of bills
30-25 and resolutions that, in the opinion of the committee, are in fact
30-26 local or will be uncontested, and have been recommended as such by
30-27 the standing committee of original jurisdiction; and
31-1 (2) the determination of priorities for floor
31-2 consideration of bills and resolutions except those within the
31-3 jurisdiction of the Committee on Calendars.
31-4 Sec. 24. NATURAL RESOURCES. The committee shall have nine
31-5 members, with jurisdiction over all matters pertaining to:
31-6 (1) the conservation of the natural resources of
31-7 Texas;
31-8 (2) the control and development of land and water and
31-9 land and water resources, including the taking, storing, control,
31-10 and use of all water in the state, and its appropriation and
31-11 allocation;
31-12 (3) irrigation, irrigation companies, and irrigation
31-13 districts, and their incorporation, management, and powers;
31-14 (4) the creation, modification, and regulation of
31-15 water supply districts, water control and improvement districts,
31-16 conservation and reclamation districts, and all similar organs of
31-17 local government dealing with water and water supply;
31-18 (5) oversight of the Texas Natural Resource
31-19 Conservation Commission as it relates to the regulation of water
31-20 resources; and
31-21 (6) the following state agencies: the Office of
31-22 Canadian River Compact Commissioner for Texas, the Office of Pecos
31-23 River Compact Commissioner for Texas, the Office of Red River
31-24 Compact Commissioner for Texas, the Office of Rio Grande Compact
31-25 Commissioner for Texas, the Office of Sabine River Compact
31-26 Administrator for Texas, the Multi-State Water Resources Planning
31-27 Commission, and the Texas Water Development Board.
32-1 Sec. 25. PENSIONS AND INVESTMENTS. The committee shall have
32-2 nine members, with jurisdiction over all matters pertaining to:
32-3 (1) benefits or participation in benefits of a public
32-4 retirement system and the financial obligations of a public
32-5 retirement system;
32-6 (2) the regulation of securities and investments; and
32-7 (3) the following state agencies: the Office of Fire
32-8 Fighters' Pension Commissioner, the State Board of Trustees of the
32-9 Teacher Retirement System, the State Board of Trustees of the
32-10 Employees Retirement System, the Board of Trustees of the Texas
32-11 County and District Retirement System, the Board of Trustees of the
32-12 Texas Municipal Retirement System, the State Pension Review Board,
32-13 and the State Securities Board.
32-14 Sec. 26. PUBLIC EDUCATION. The committee shall have nine
32-15 members, with jurisdiction over all matters pertaining to:
32-16 (1) the public schools and the public school system of
32-17 Texas;
32-18 (2) the state programming of elementary and secondary
32-19 education for the public school system of Texas;
32-20 (3) proposals to create, change, or otherwise alter
32-21 school districts of the state; and
32-22 (4) the following state agencies: the State Board of
32-23 Education, the Texas [Central] Education Agency, the Office of
32-24 Compact for Education Commissioner for Texas, the Office of
32-25 Southern Regional Education Compact Commissioner for Texas, the
32-26 Texas School for the Blind and Visually Impaired, the State Board
32-27 for Educator Certification, and the Texas School for the Deaf.
33-1 Sec. 27. PUBLIC HEALTH. The committee shall have nine
33-2 members, with jurisdiction over all matters pertaining to:
33-3 (1) the protection of public health, including
33-4 supervision and control of the practice of medicine and dentistry
33-5 and other allied health services;
33-6 (2) mental health and mental retardation and the
33-7 development of programs incident thereto;
33-8 (3) the prevention and treatment of mental illness and
33-9 mental retardation;
33-10 (4) oversight of the Health and Human Services
33-11 Commission as it relates to the subject matter jurisdiction of this
33-12 committee; and
33-13 (5) the following state agencies: the Texas
33-14 Department of Mental Health and Mental Retardation, the Department
33-15 of Health, the Board of Health, the Texas Commission on Alcohol and
33-16 Drug Abuse, the Anatomical Board of the State of Texas, the Texas
33-17 Funeral Service Commission, the State Committee of Examiners in the
33-18 Fitting and Dispensing of Hearing Instruments, the Board of
33-19 Vocational Nurse Examiners, the Texas Optometry Board, the
33-20 Radiation Advisory Board, the Texas State Board of Pharmacy, the
33-21 Board of Nurse Examiners, the Texas Board of Nursing Facility
33-22 Administrators, The Texas Board of Chiropractic Examiners, the
33-23 Texas Board of Physical Therapy Examiners, the Texas State Board of
33-24 Podiatric Medical [Podiatry] Examiners, the Texas State Board of
33-25 Examiners of Psychologists, the State Board of Dental Examiners,
33-26 the Texas State Board of Medical Examiners, the Advisory Board of
33-27 Athletic Trainers, the Dental Hygiene Advisory Committee, the
34-1 Hospital Licensing Advisory Council, the State Board of Barber
34-2 Examiners, the Texas Cosmetology Commission, the Interagency
34-3 Council on Early Childhood Intervention Services, the Texas Cancer
34-4 Council, the State Board of Acupuncture Examiners, the Health
34-5 Professions Council, the Texas Board of Occupational Therapy
34-6 Examiners, the Texas State Board of Examiners of Perfusionists, the
34-7 Texas Health Care Information Council, and the Texas Hospital
34-8 Equipment Financing Council.
34-9 Sec. 28. PUBLIC SAFETY. The committee shall have nine
34-10 members, with jurisdiction over all matters pertaining to:
34-11 (1) public safety and emergency preparedness,
34-12 enforcement, and development;
34-13 (2) the prevention of crime and the apprehension of
34-14 criminals;
34-15 (3) the provision of security services by private
34-16 entities; and
34-17 (4) the following state agencies: the Commission on
34-18 Law Enforcement Officer Standards and Education, the Department of
34-19 Public Safety, the Polygraph Examiners Board, the Texas Board of
34-20 Private Investigators and Private Security Agencies, the Division
34-21 of Emergency Management, the Emergency Management Council, the
34-22 Advisory Commission on State Emergency Communications, and the
34-23 Crime Stoppers Advisory Council.
34-24 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
34-25 have 11 members, with jurisdiction over all matters pertaining to:
34-26 (1) legislative districts, both house and senate, and
34-27 any changes or amendments;
35-1 (2) congressional districts, their creation, and any
35-2 changes or amendments;
35-3 (3) establishing districts for the election of
35-4 judicial officers or of governing bodies or representatives of
35-5 political subdivisions or state agencies as required by law; and
35-6 (4) preparations for the redistricting process.
35-7 Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
35-8 shall have 11 members, with jurisdiction over:
35-9 (1) Rules of Procedure of the House of
35-10 Representatives, and all proposed amendments;
35-11 (2) Joint Rules of the House and Senate, and all
35-12 proposed amendments;
35-13 (3) all procedures for expediting the business of the
35-14 house in an orderly and efficient manner;
35-15 (4) all resolutions to congratulate, memorialize, or
35-16 name mascots of the house; and
35-17 (5) other matters concerning rules, procedures, and
35-18 operation of the house assigned by the speaker.
35-19 Sec. 31. STATE AFFAIRS. The committee shall have 15
35-20 members, with jurisdiction over all matters pertaining to:
35-21 (1) questions and matters of state policy;
35-22 (2) the administration of state government;
35-23 (3) the organization, powers, regulation, and
35-24 management of state departments and agencies;
35-25 (4) the operation and regulation of public lands and
35-26 state buildings;
35-27 (5) the organization, regulation, operation, and
36-1 management of state institutions;
36-2 (6) the duties and conduct of officers and employees
36-3 of the state government;
36-4 (7) the duties and conduct of candidates for public
36-5 office and of persons with an interest in influencing public
36-6 policy;
36-7 (8) [the various branches of the military service of
36-8 the United States;]
36-9 [(9) the defense of the state and nation;]
36-10 [(10) veterans of military and related services;]
36-11 [(11)] the operation of state government and its
36-12 agencies and departments; all of above except where jurisdiction is
36-13 specifically granted to some other standing committee;
36-14 (9) [(12)] access of the state agencies to scientific
36-15 and technological information; and
36-16 (10) [(13)] the following state agencies: the Council
36-17 of State Governments, the National Conference of State
36-18 Legislatures, the Commission on Human Rights, the Governor's
36-19 Office, the General Services Commission, [the Texas National Guard
36-20 Armory Board, the Adjutant General's Department, the Texas Veterans
36-21 Commission,] the State Aircraft Pooling Board, the State
36-22 Conservatorship Board, the Texas Incentive and Productivity
36-23 Commission, the Texas Ethics Commission, the Department of
36-24 Information Resources, the Public Utility Commission of Texas, the
36-25 Office of Public Utility Counsel, the Inaugural Endowment Fund
36-26 Committee, the Telecommunications Infrastructure Fund Board, and
36-27 the Sunset Advisory Commission.
37-1 Sec. 32. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
37-2 committee shall have nine members, with jurisdiction over all
37-3 matters pertaining to:
37-4 (1) federal and international commerce and trade;
37-5 (2) the relations between the State of Texas and the
37-6 federal government;
37-7 (3) the relations between the State of Texas and other
37-8 sovereign states of the United States;
37-9 (4) the relations between the State of Texas and other
37-10 nations;
37-11 (5) international trade, economic development, tourist
37-12 development, and goodwill;
37-13 (6) cultural resources and their promotion,
37-14 development, and regulation;
37-15 (7) historical resources and their promotion,
37-16 development, and regulation;
37-17 (8) promotion and development of Texas' image and
37-18 heritage;
37-19 (9) preservation and protection of Texas' shrines,
37-20 monuments, and memorials;
37-21 (10) interstate tourist promotion and development;
37-22 [and]
37-23 (11) the various branches of the military service of
37-24 the United States;
37-25 (12) the defense of the state and nation;
37-26 (13) veterans of military and related services; and
37-27 (14) the following state agencies: the Office of
38-1 State-Federal Relations, [the Antiquities Committee,] the Texas
38-2 Commission on the Arts, the Texas State Library and Archives
38-3 Commission, the Texas Historical Commission, the Texas National
38-4 Guard Armory Board, the Adjutant General's Department, the Texas
38-5 Veterans Commission, and the San Jacinto Historical Advisory Board.
38-6 Sec. 33. STATE RECREATIONAL RESOURCES. The committee shall
38-7 have nine members, with jurisdiction over:
38-8 (1) the creation, operation, and control of state
38-9 parks;
38-10 (2) the regulation and control of the propagation and
38-11 preservation of wildlife and fish in the state;
38-12 (3) the development and regulation of the fish and
38-13 oyster industries of the state;
38-14 (4) hunting and fishing in the state, and the
38-15 regulation and control thereof;
38-16 (5) the regulation of other recreational activities;
38-17 and
38-18 (6) the following state agencies: the Office of Gulf
38-19 States Marine Fisheries Compact Commissioner for Texas and the
38-20 Parks and Wildlife Department.
38-21 Sec. 34. TRANSPORTATION. The committee shall have nine
38-22 members, with jurisdiction over all matters pertaining to:
38-23 (1) commercial motor vehicles, both bus and truck, and
38-24 their control, regulation, licensing, and operation;
38-25 (2) the Texas highway system, including all roads,
38-26 bridges, and ferries constituting a part of the system;
38-27 (3) the licensing of private passenger vehicles to
39-1 operate on the roads and highways of the state;
39-2 (4) the regulation and control of traffic on the
39-3 public highways of the State of Texas;
39-4 (5) railroads, street railway lines, interurban
39-5 railway lines, steamship companies, and express companies;
39-6 (6) airports, air traffic, airlines, and other
39-7 organizations engaged in transportation by means of aerial flight;
39-8 (7) water transportation in the State of Texas, and
39-9 the rivers, harbors, and related facilities used in water
39-10 transportation and the agencies of government exercising
39-11 supervision and control thereover; and
39-12 (8) the following state agencies: the Texas
39-13 Department of Transportation, the Texas Transportation Commission,
39-14 [the Texas High-Speed Rail Authority,] and the Texas Turnpike
39-15 Authority.
39-16 Sec. 35. URBAN AFFAIRS. The committee shall have nine
39-17 members, with jurisdiction over all matters pertaining to:
39-18 (1) cities, municipalities, and town corporations,
39-19 including their creation, organization, powers, government, and
39-20 finance, and the compensation and duties of their officers and
39-21 employees;
39-22 (2) home-rule cities, their relationship to the state,
39-23 and their powers, authority, and limitations;
39-24 (3) the creation or change of metropolitan areas and
39-25 the form of government under which those areas operate;
39-26 (4) the regulation of metropolitan transit;
39-27 (5) problems and issues particularly affecting
40-1 metropolitan areas of the state;
40-2 (6) other units of local government not otherwise
40-3 assigned by these rules to other standing committees;
40-4 (7) establishing districts for the election of
40-5 governing bodies of cities; and
40-6 (8) the following state agencies: the Texas
40-7 Department of Housing and Community Affairs and the Texas
40-8 Commission on Fire Protection.
40-9 Sec. 36. WAYS AND MEANS. The committee shall have 11
40-10 members, with jurisdiction over:
40-11 (1) all bills and resolutions proposing to raise
40-12 revenue;
40-13 (2) all bills or resolutions proposing to levy taxes
40-14 or other fees;
40-15 (3) all proposals to modify, amend, or change any
40-16 existing tax or revenue statute;
40-17 (4) all proposals to regulate the manner of collection
40-18 of state revenues and taxes;
40-19 (5) all bills and resolutions containing provisions
40-20 resulting in automatic allocation of funds from the state
40-21 treasury;
40-22 (6) all bills and resolutions diverting funds from the
40-23 state treasury or preventing funds from going in that otherwise
40-24 would be placed in the state treasury;
40-25 (7) all bills and resolutions proposing to levy taxes
40-26 or raise revenue for all units of government and regulating the
40-27 collection thereof;
41-1 (8) all bills and resolutions relating to the Property
41-2 Tax Code; and
41-3 (9) the following state agencies: the Office of
41-4 Multistate Tax Compact Commissioner for Texas, the State
41-5 Comptroller of Public Accounts, and the Board of Tax Professional
41-6 Examiners.
41-7 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
41-8 CHAPTER A. ORGANIZATION
41-9 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
41-10 committees of the house, and the number of members and general
41-11 jurisdiction of each, shall be as enumerated in Rule 3.
41-12 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
41-13 standing committees shall be determined at the beginning of each
41-14 regular session in the following manner:
41-15 (1) A maximum of one-half of the membership on each
41-16 standing substantive committee, exclusive of the chair and
41-17 vice-chair, shall be determined by seniority. The remaining
41-18 membership of the committee shall be appointed by the speaker.
41-19 (2) Each member of the house, in order of seniority,
41-20 may designate three committees on which he or she desires to serve,
41-21 listed in order of preference. The member is entitled to become a
41-22 member of the committee of his or her highest preference on which
41-23 there remains a vacant seniority position.
41-24 (3) If members of equal seniority request the same
41-25 committee, the speaker shall appoint the member from among those
41-26 requesting that committee. Seniority, as the term is used in this
41-27 subsection, shall mean years of cumulative service as a member of
42-1 the house of representatives.
42-2 (4) After each member of the house has selected one
42-3 committee on the basis of seniority, the remaining membership on
42-4 each standing committee shall be filled by appointment of the
42-5 speaker, subject to the limitations imposed in this chapter.
42-6 (5) Seniority shall not apply to a procedural
42-7 committee. For purposes of these rules, the procedural committees
42-8 are the Committee on Calendars, the Committee on Local and Consent
42-9 Calendars, the Committee on Rules and Resolutions, the General
42-10 Investigating Committee, the Committee on House Administration, and
42-11 the Committee on Redistricting. The entire membership of these
42-12 committees shall be appointed by the speaker.
42-13 (6) In announcing the membership of committees, the
42-14 speaker shall designate those appointed by the speaker and those
42-15 acquiring membership by seniority.
42-16 (7) The speaker shall designate the chair and
42-17 vice-chair from the total membership of the committee.
42-18 (b) In the event of an election contest that is not resolved
42-19 prior to the determination of the membership of standing
42-20 committees, the representative of the district that is the subject
42-21 of the contest is not entitled to select a committee on the basis
42-22 of seniority. Committee appointments on behalf of that district
42-23 shall be designated by the district number.
42-24 (c) In the event of a vacancy in a representative district
42-25 that has not been filled at the time of the determination of the
42-26 membership of standing committees, the representative of the
42-27 district who fills that vacancy shall not be entitled to select a
43-1 committee on the basis of seniority. Committee appointments on
43-2 behalf of that district shall be designated by the district
43-3 number.
43-4 (d) In the event that a member-elect of the current
43-5 legislature has not taken the oath of office by the end of the
43-6 ninth day of the regular session, the representative of that
43-7 district shall not be entitled to select a committee on the basis
43-8 of seniority. If the member-elect has not taken the oath of office
43-9 by the time committee appointments are announced, committee
43-10 appointments on behalf of that district shall be designated by
43-11 district number.
43-12 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
43-13 and vice-chair, members of a standing committee shall rank
43-14 according to their seniority.
43-15 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
43-16 is subject to the following restrictions:
43-17 (1) No member shall serve concurrently on more than
43-18 two standing substantive committees.
43-19 (2) A member serving as chair of the Committee on
43-20 Appropriations or the Committee on State Affairs may not serve on
43-21 any other substantive committee.
43-22 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
43-23 occur on a standing committee subsequent to its organization, the
43-24 speaker shall appoint an eligible member to fill the vacancy.
43-25 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
43-26 shall:
43-27 (1) be responsible for the effective conduct of the
44-1 business of the committee;
44-2 (2) appoint all subcommittees and determine the number
44-3 of members to serve on each subcommittee;
44-4 (3) in consultation with members of the committee,
44-5 schedule the work of the committee and determine the order in which
44-6 the committee shall consider and act on bills, resolutions, and
44-7 other matters referred to the committee;
44-8 (4) have authority to employ and discharge the staff
44-9 and employees authorized for the committee and have supervision and
44-10 control over all the staff and employees;
44-11 (5) direct the preparation of all committee reports.
44-12 No committee report shall be official until signed by the chair of
44-13 the committee, or by the person acting as chair, or by a majority
44-14 of the membership of the committee;
44-15 (6) determine the necessity for public hearings,
44-16 schedule hearings, and be responsible for posting notice of
44-17 hearings as required by the rules;
44-18 (7) preside at all meetings of the committee and
44-19 control its deliberations and activities in accordance with
44-20 acceptable parliamentary procedure; and
44-21 (8) have authority to direct the sergeant-at-arms to
44-22 assist, where necessary, in enforcing the will of the committee.
44-23 Sec. 7. BILL ANALYSES. In addition to other duties that may
44-24 be assigned by the chair, the staff of each standing committee
44-25 shall be responsible for providing an analysis of each bill or
44-26 joint resolution referred to the committee and for distributing
44-27 copies of the analysis to each member of the committee at the
45-1 earliest possible opportunity but not later than the first time the
45-2 measure is laid out in a committee meeting. The chair of the
45-3 committee may request the author or sponsor of a bill or joint
45-4 resolution to provide the committee with the analysis required by
45-5 this section. If not obtained from the author or sponsor, the
45-6 analysis shall be prepared under the direction of the chair. All
45-7 analyses shall be approved by the chair as to form and content
45-8 before distribution to other members of the committee.
45-9 CHAPTER B. PROCEDURE
45-10 Sec. 8. MEETINGS. (a) As soon as practicable after
45-11 standing committees are constituted and organized, the Committee
45-12 on House Administration shall prepare a schedule for regular
45-13 meetings of all standing committees. This schedule shall be
45-14 published in the house journal and posted in a convenient and
45-15 conspicuous place near the entrance to the house and on other
45-16 posting boards for committee meeting notices, as determined
45-17 necessary by the Committee on House Administration.
45-18 To the extent practicable during each regular session,
45-19 standing committees shall conduct regular committee meetings in
45-20 accordance with the schedule of meetings prepared by the Committee
45-21 on House Administration.
45-22 (b) Standing committees shall meet at other times as may be
45-23 determined by the committee, or as may be called by the chair.
45-24 Subcommittees of standing committees shall likewise meet at other
45-25 times as may be determined by the committee, or as may be called by
45-26 the chair of the committee or subcommittee.
45-27 Committees shall also meet in such places and at such times
46-1 as the speaker may designate.
46-2 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
46-3 committee or subcommittee shall meet during the time the house is
46-4 in session without permission being given by a majority vote of the
46-5 house. No standing committee or subcommittee shall conduct its
46-6 meeting on the floor of the house or in the house chamber while the
46-7 house is in session, but shall, if given permission to meet while
46-8 the house is in session, retire to a designated committee room for
46-9 the conduct of its meeting.
46-10 Sec. 10. PURPOSES FOR MEETING. A committee or a
46-11 subcommittee may be assembled for:
46-12 (1) a public hearing where testimony is to be heard,
46-13 and where official action may be taken, on bills, resolutions, or
46-14 other matters;
46-15 (2) a formal meeting where the committee may discuss
46-16 and take official action on bills, resolutions, or other matters
46-17 without testimony; and
46-18 (3) a work session where the committee may discuss
46-19 bills, resolutions, or other matters but take no formal action.
46-20 Sec. 11. POSTING NOTICE. (a) No committee or subcommittee,
46-21 including a calendars committee, shall assemble for the purpose of
46-22 a public hearing during a regular session unless notice of the
46-23 hearing has been posted in accordance with the rules at least five
46-24 calendar days in advance of the hearing. No committee or
46-25 subcommittee, including a calendars committee, shall assemble for
46-26 the purpose of a public hearing during a special session unless
46-27 notice of the hearing has been posted in accordance with the rules
47-1 at least 24 hours in advance of the hearing. The committee minutes
47-2 shall reflect the date of each posting of notice. Notice shall not
47-3 be required for a public hearing on a senate bill which is
47-4 substantially the same as a house bill that has previously been the
47-5 subject of a duly posted public hearing by the committee.
47-6 (b) No committee or subcommittee, including a calendars
47-7 committee, shall assemble for the purpose of a formal meeting or
47-8 work session during a regular or special session unless written
47-9 notice has been posted and transmitted to each member of the
47-10 committee two hours in advance of the meeting or an announcement
47-11 has been filed with the journal clerk and read by the reading clerk
47-12 while the house is in session.
47-13 (c) All committees meeting during the interim for the
47-14 purpose of a formal meeting, work session, or public hearing shall
47-15 post notice in accordance with the rules and notify members of the
47-16 committee at least five calendar days in advance of the meeting.
47-17 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
47-18 committee or subcommittee, including a calendars committee, shall
47-19 be open to other members, the press, and the public unless
47-20 specifically provided otherwise by resolution adopted by the house.
47-21 However, the general investigating committee or a committee
47-22 considering an impeachment, an address, the punishment of a member
47-23 of the house, or any other matter of a quasi-judicial nature may
47-24 meet in executive session for the limited purpose of examining a
47-25 witness or deliberating, considering, or debating a decision, but
47-26 no decision may be made or voted on except in a meeting that is
47-27 open to the public and otherwise in compliance with the rules of
48-1 the house.
48-2 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
48-3 Procedure of the House of Representatives, and to the extent
48-4 applicable, the rules of evidence and procedure in the civil courts
48-5 of Texas, shall govern the hearings and operations of each
48-6 committee, including a calendars committee. Subject to the
48-7 foregoing, and to the extent necessary for orderly transaction of
48-8 business, each committee may promulgate and adopt additional rules
48-9 and procedures by which it will function.
48-10 (b) No standing committee, including a calendars committee,
48-11 or any subcommittee, shall adopt any rule of procedure, including
48-12 but not limited to an automatic subcommittee rule, which will have
48-13 the effect of thwarting the will of the majority of the committee
48-14 or subcommittee or denying the committee or subcommittee the right
48-15 to ultimately dispose of any pending matter by action of a majority
48-16 of the committee or subcommittee. A bill or resolution may not be
48-17 laid on the table subject to call in committee without a majority
48-18 vote of the committee.
48-19 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
48-20 rulings of the chair of a committee shall be in order if seconded
48-21 by three members of the committee, which may include the member
48-22 making the appeal. Procedure in committee following an appeal
48-23 which has been seconded shall be the same as the procedure followed
48-24 in the house in a similar situation.
48-25 Sec. 15. PREVIOUS QUESTION. Before the previous question
48-26 can be ordered in a committee, the motion therefor must be seconded
48-27 by not less than 4 members of a committee consisting of 21 or more
49-1 members, 3 members of a committee consisting of less than 21
49-2 members and more than 10 members, or 2 members of a committee
49-3 consisting of 10 members or less. If the motion is properly
49-4 seconded and ordered by a majority vote of the committee, further
49-5 debate on the proposition under consideration shall be terminated,
49-6 and the proposition shall be immediately put to a vote of the
49-7 committee for its action.
49-8 Sec. 16. QUORUM. A majority of a committee shall constitute
49-9 a quorum. No action or recommendation of a committee shall be
49-10 valid unless taken at a meeting of the committee with a quorum
49-11 actually present, and the committee minutes shall reflect the names
49-12 of those members of the committee who were actually present. No
49-13 committee report shall be made to the house nor shall bills or
49-14 resolutions be placed on a calendar unless ordered by a majority of
49-15 the membership of the committee, except as otherwise provided in
49-16 the rules, and a quorum of the committee must be present when the
49-17 vote is taken on reporting a bill or resolution, on placing bills
49-18 or resolutions on a calendar, or on taking any other formal action
49-19 within the authority of the committee. No committee report shall
49-20 be made nor shall bills or resolutions be placed on a calendar
49-21 except by record vote of the members of the committee, with the
49-22 yeas and nays to be recorded in the minutes of the committee.
49-23 Proxies cannot be used in committees.
49-24 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
49-25 order to move a call of a committee at any time to secure and
49-26 maintain a quorum for any one or more of the following purposes:
49-27 (1) for the consideration of a specific bill,
50-1 resolution, or other matter;
50-2 (2) for a definite period of time; or
50-3 (3) for the consideration of any designated class of
50-4 bills or other matters.
50-5 (b) When a call of a committee is moved for one or more of
50-6 the foregoing purposes and seconded by two members, one of whom may
50-7 be the chair, and is ordered by a majority of the members present,
50-8 no member shall thereafter be permitted to leave the committee
50-9 meeting without written permission from the chair. After the call
50-10 is ordered, and in the absence of a quorum, the chair shall have
50-11 the authority to authorize the sergeant-at-arms to locate absent
50-12 members of the committee and to compel their attendance for the
50-13 duration of the call.
50-14 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
50-15 including a calendars committee, the chair, or the member acting
50-16 as chair, shall keep complete minutes of the proceedings in
50-17 committee, which shall include:
50-18 (1) the time and place of each meeting of the
50-19 committee;
50-20 (2) a roll call to determine the members present at
50-21 each meeting of the committee, whether that meeting follows an
50-22 adjournment or a recess from a previous committee meeting;
50-23 (3) an accurate record of all votes taken, including a
50-24 listing of the yeas and nays cast on a record vote;
50-25 (4) the date of posting of notice of the meeting; and
50-26 (5) other information that the chair shall determine.
50-27 (b) The minutes for each public hearing of a committee shall
51-1 also include an attachment listing the names of the persons, and
51-2 the persons or entities represented by those persons, who were
51-3 recognized by the chair to address the committee in favor of, in
51-4 opposition to, or without taking a position on a measure or other
51-5 matter before the committee.
51-6 (c) Committee minutes shall be corrected only at the
51-7 direction of the chair as authorized by a majority vote of the
51-8 committee. Duplicate originals of committee minutes shall be
51-9 maintained, one to remain with the committee chair and the other to
51-10 be filed with the chief clerk. The committee minutes of a meeting
51-11 of the Appropriations Committee on the general appropriations bill
51-12 must be filed with the chief clerk within five days of the
51-13 committee meeting. All other committee minutes must be filed with
51-14 the chief clerk within three days of the committee meeting for a
51-15 substantive committee, and within one day of the committee meeting
51-16 for a procedural committee. If the date on which the committee
51-17 minutes are due occurs on a Saturday, Sunday, or holiday on which
51-18 the house is not in session, the committee minutes shall be filed
51-19 on the following working day. The time at which the minutes are
51-20 filed shall be time-stamped on the duplicate originals of the
51-21 minutes that are filed with the chief clerk. The duplicate
51-22 originals shall be available at all reasonable business hours for
51-23 inspection by members or the public.
51-24 (d) [(c)] The chief clerk shall maintain the minutes and
51-25 records safe from loss, destruction, and alteration at all times,
51-26 and may, at any time, turn them, or any portion, over to the
51-27 Committee on House Administration.
52-1 Sec. 19. RECORDING OF TESTIMONY. All testimony before
52-2 committees and subcommittees shall be electronically recorded under
52-3 the direction of the Committee on House Administration. Copies of
52-4 the testimony may be released under guidelines promulgated by the
52-5 Committee on House Administration.
52-6 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The chief
52-7 clerk, under the direction of the Committee on House
52-8 Administration, shall prescribe the form of a sworn statement to be
52-9 executed by all persons, other than members, who wish to be
52-10 recognized by the chair to address the committee. The statement
52-11 shall provide for showing at least:
52-12 (1) the committee or subcommittee;
52-13 (2) the name, home address, business address, and
52-14 telephone number of the person appearing;
52-15 (3) the person, firm, corporation, class, or group
52-16 represented;
52-17 (4) the type of business, profession, or occupation of
52-18 the person or entity represented;
52-19 (5) the business address of the person or entity
52-20 represented; and
52-21 (6) the matter before the committee on which the
52-22 person wishes to be recognized to address the committee and
52-23 whether for, against, or neutral on the matter.
52-24 (b) No person shall be recognized by the chair to address
52-25 the committee in favor of, in opposition to, or without taking a
52-26 position on a matter until the sworn statement has been filed with
52-27 the chair of the committee. The chair of the committee shall
53-1 indicate on the sworn statement whether the person completing the
53-2 statement was recognized to address the committee.
53-3 (c) All sworn statements for those persons recognized by the
53-4 chair to address the committee shall accompany the copy of the
53-5 minutes of the meeting filed with the chief clerk.
53-6 (d) All persons, other than members, recognized by the chair
53-7 to address the committee shall give their testimony under oath, and
53-8 each committee may avail itself of additional powers and
53-9 prerogatives authorized by law.
53-10 Sec. 21. POWER TO ISSUE PROCESS. By a record vote of not
53-11 less than two-thirds of those present and voting, a quorum being
53-12 present, each standing committee shall have the power and authority
53-13 to issue process to witnesses at any place in the State of Texas,
53-14 to compel their attendance, and to compel the production of all
53-15 books, records, and instruments. If necessary to obtain compliance
53-16 with subpoenas or other process, the committee shall have the power
53-17 to issue writs of attachment. All process issued by the committee
53-18 may be addressed to and served by an agent of the committee or a
53-19 sergeant-at-arms appointed by the committee or by any peace officer
53-20 of the State of Texas. The committee shall also have the power to
53-21 cite and have prosecuted for contempt, in the manner provided by
53-22 law, anyone disobeying the subpoenas or other process lawfully
53-23 issued by the committee. The chair of the committee shall issue,
53-24 in the name of the committee, the subpoenas and other process as
53-25 the committee may direct.
53-26 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
53-27 prior approval by the Committee on House Administration, witnesses
54-1 attending proceedings of any committee under process of the
54-2 committee shall be allowed the same mileage and per diem as are
54-3 allowed members of the committee when in a travel status, to be
54-4 paid out of the contingent expense fund of the house of
54-5 representatives on vouchers approved by the chair of the committee,
54-6 the chair of the Committee on House Administration, and the speaker
54-7 of the house.
54-8 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
54-9 Each committee is authorized to request the assistance, when
54-10 needed, of all state departments, agencies, and offices, and it
54-11 shall be the duty of the departments, agencies, and offices to
54-12 assist the committee when requested to do so. Each committee shall
54-13 have the power and authority to inspect the records, documents, and
54-14 files of every state department, agency, and office, to the extent
54-15 necessary to the discharge of its duties within the area of its
54-16 jurisdiction.
54-17 CHAPTER C. COMMITTEE FUNCTIONS
54-18 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
54-19 by subcommittees, are hereby authorized to conduct studies that are
54-20 authorized by the speaker pursuant to Rule 1, Section 17. Studies
54-21 may not be authorized by resolution. The speaker may appoint
54-22 public citizens and officials of state and local governments to
54-23 standing committees to augment the membership for the purpose of
54-24 interim studies and shall provide a list of such appointments to
54-25 the chief clerk. The chair of the standing committee shall have
54-26 authority to name the subcommittees necessary and desirable for the
54-27 conduct of the interim studies and shall also prepare a budget for
55-1 interim studies for approval by the Committee on House
55-2 Administration.
55-3 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
55-4 CALENDAR. No motion is in order in a committee considering a bill,
55-5 resolution, or other matter that would prevent the committee from
55-6 reporting it back to the house or placing it on a calendar in
55-7 accordance with the Rules of the House.
55-8 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
55-9 committee on bills or resolutions referred to it shall be
55-10 considered as final unless it is in the form of a favorable report,
55-11 an unfavorable report, or a report of inability to recommend a
55-12 course of action.
55-13 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
55-14 committee to report favorably or unfavorably must receive
55-15 affirmative majority votes, majority negative votes to either
55-16 motion being insufficient to report. If a committee is unable to
55-17 agree on a recommendation for action, as in the case of a tie vote,
55-18 it should submit a statement of this fact as its report, and the
55-19 house shall decide, by a majority vote, the disposition of the
55-20 matter by one of the following alternatives:
55-21 (1) leave the bill in the committee for further
55-22 consideration;
55-23 (2) refer the bill to some other committee; or
55-24 (3) order the bill printed, in which case the bill
55-25 shall go to the Committee on Calendars for placement on a calendar
55-26 and for proposal of an appropriate rule for house consideration.
55-27 Sec. 28. MINORITY REPORTS. The report of a minority of a
56-1 committee shall be made in the same general form as a majority
56-2 report. No minority report shall be recognized by the house unless
56-3 it has been signed by not less than 4 members of a committee
56-4 consisting of 21 or more members, 3 members of a committee
56-5 consisting of less than 21 members and more than 10 members, or 2
56-6 members of a committee consisting of 10 or less members. Only
56-7 members who were present when the vote was taken on the bill,
56-8 resolution, or other matter being reported, and who voted on the
56-9 losing side, may sign a minority report. Notice of intention to
56-10 file a minority report shall be given to the assembled committee
56-11 after the vote on the bill, resolution, or other matter, and before
56-12 the recess or adjournment of the committee, provided ample
56-13 opportunity is afforded for the giving of notice; otherwise, notice
56-14 may be given in writing to the chief clerk within 24 hours after
56-15 the recess or adjournment of the committee.
56-16 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
56-17 majority report on a bill is unfavorable, and a favorable minority
56-18 report is not signed in accordance with Section 28 of this rule
56-19 and filed with the chief clerk within two calendar days, exclusive
56-20 of Sunday and the date of committee action, the chief clerk shall
56-21 file the bill away as dead; except during the last 15 calendar days
56-22 of a regular session, or the last 7 calendar days of a special
56-23 session, when the chief clerk shall hold a bill only one calendar
56-24 day, exclusive of Sunday and the date of committee action, awaiting
56-25 the filing of a minority report before the bill is filed away as
56-26 dead. If the favorable minority report is properly signed and
56-27 filed, the chief clerk shall hold the bill for five legislative
57-1 days, exclusive of the legislative day in which the minority report
57-2 was filed, awaiting adoption by the house of a motion to print the
57-3 bill on minority report. If the motion to print is carried, the
57-4 bill shall be printed as if it had been reported favorably, and
57-5 shall then be immediately forwarded to the Committee on Calendars
57-6 for placement on a calendar and for proposal of an appropriate
57-7 rule for house consideration. If a motion to print a bill on
57-8 minority report is not made within the five legislative days
57-9 authorized above, the chief clerk shall file the bill away as dead.
57-10 It shall not be in order to move to recommit a bill adversely
57-11 reported with no minority report, except as provided in Section 30
57-12 of this rule. A two-thirds vote of the house shall be required to
57-13 print on minority report a joint resolution proposing an amendment
57-14 to the Constitution of Texas.
57-15 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE AUTHOR.
57-16 No adverse report shall be made on any bill or resolution by any
57-17 committee without first giving the author or sponsor of the bill an
57-18 opportunity to be heard. If it becomes evident to the house that a
57-19 bill has been reported adversely without the author or sponsor
57-20 having had an opportunity to be heard as provided in this section,
57-21 the house may, by a majority vote, order the bill recommitted even
57-22 though no minority report was filed in the manner prescribed by the
57-23 rules. This provision shall have precedence over Rule 7, Section
57-24 20.
57-25 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
57-26 reported adversely, it shall be subject to the same rules that
57-27 govern other bills reported adversely.
58-1 Sec. 32. FORM OF REPORTS. (a) Reports of standing
58-2 committees on bills and resolutions shall be made in duplicate,
58-3 with one copy to be filed with the journal clerk for printing in
58-4 the journal and the other to accompany the original bill.
58-5 (b) All committee reports must be in writing and shall:
58-6 (1) be signed by the chair, or the member acting as
58-7 chair, or a majority of the membership of the committee;
58-8 (2) be addressed to the speaker;
58-9 (3) contain a statement of the recommendations of the
58-10 committee with reference to the matter which is the subject of the
58-11 report;
58-12 (4) contain the date the committee made its
58-13 recommendation;
58-14 (5) indicate whether a copy of a bill or resolution
58-15 was forwarded to the Legislative Budget Board for preparation of a
58-16 fiscal note or other impact statement, if applicable;
58-17 (6) contain the record vote by which the report was
58-18 adopted, including the vote of each member of the committee;
58-19 (7) contain the recommendation that the bill or
58-20 resolution be sent to the Committee on Local and Consent Calendars
58-21 for placement on an appropriate calendar if applicable;
58-22 (8) state the name of the primary house sponsor of all
58-23 senate bills and resolutions and indicate the names of all joint
58-24 sponsors or cosponsors; [and]
58-25 (9) include a summary of the committee hearing on the
58-26 bill or resolution; and
58-27 (10) include[, including] a list of the names of the
59-1 persons, and persons or entities represented by those persons, who
59-2 were recognized by the chair to address the committee in favor of,
59-3 in opposition to, or without taking a position on the bill or
59-4 resolution. [The chief clerk shall determine whether the summary
59-5 shall be included as part of the analysis or as a separate part of
59-6 the committee report.]
59-7 (c) Except for the general appropriations bill, each
59-8 committee report on a bill or joint resolution, including a
59-9 complete committee substitute, and, to the extent considered
59-10 necessary by the committee, a committee report on any other
59-11 resolution, must include in summary form a detailed analysis of the
59-12 subject matter of the bill or resolution, specifically including:
59-13 (1) background information on the proposal;
59-14 (2) what the bill or resolution proposes to do;
59-15 (3) an analysis of the content of the bill or
59-16 resolution;
59-17 (4) a statement indicating whether or not any
59-18 rulemaking authority is expressly delegated to a state officer,
59-19 department, agency, or institution, and, if so, identifying the
59-20 sections of the measure in which that rulemaking authority is
59-21 delegated;
59-22 (5) a statement of substantial differences between a
59-23 complete committee substitute and the original bill; and
59-24 (6) a brief explanation of each amendment adopted by
59-25 the committee.
59-26 (d) It shall be the duty of the committee chair, on all
59-27 matters reported by the committee, to see that all provisions of
60-1 Rule 12 are satisfied. The chair shall strictly construe this
60-2 provision to achieve the desired purposes.
60-3 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
60-4 committee determines that a bill or joint resolution, other than
60-5 the general appropriations bill, authorizes or requires the
60-6 expenditure or diversion of state funds for any purpose, the chair
60-7 shall send a copy of the measure to the Legislative Budget Board
60-8 for the preparation of a fiscal note outlining the fiscal
60-9 implications and probable cost of the measure.
60-10 (b) If the chair of a standing committee determines that a
60-11 bill or joint resolution has statewide impact on units of local
60-12 government of the same type or class and authorizes or requires the
60-13 expenditure or diversion of local funds, or creates or impacts a
60-14 local tax, fee, license charge, or penalty, the chair shall send a
60-15 copy of the measure to the Legislative Budget Board for the
60-16 preparation of a fiscal note outlining the fiscal implications and
60-17 probable cost of the measure.
60-18 (c) In preparing a fiscal note, the director of the
60-19 Legislative Budget Board may utilize information or data supplied
60-20 by any person, agency, organization, or governmental unit that the
60-21 director deems reliable. If the director determines that the fiscal
60-22 implications of the measure cannot be ascertained, the director
60-23 shall so state in the fiscal note, in which case the fiscal note
60-24 shall be in full compliance with the rules. If the director of the
60-25 Legislative Budget Board is unable to acquire or develop sufficient
60-26 information to prepare the fiscal note within 15 days of receiving
60-27 the measure from the chair of a committee, the director shall so
61-1 state in the fiscal note, in which case the note shall be in full
61-2 compliance with the rules.
61-3 (d) If the chair determines that a fiscal note is required,
61-4 copies of the fiscal note must be distributed to the members of the
61-5 committee not later than the first time the measure is laid out in
61-6 a committee meeting. The fiscal note shall be attached to the
61-7 measure on first printing. If the measure is amended by the
61-8 committee so as to alter its fiscal implications, the chair shall
61-9 obtain an updated fiscal note, which shall also be attached to the
61-10 measure on first printing.
61-11 (e) All fiscal notes shall remain with the measure
61-12 throughout the entire legislative process, including submission to
61-13 the governor.
61-14 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
61-15 this section that all members of the house are timely informed as
61-16 to the impact of proposed legislation on the state or other unit of
61-17 government.
61-18 (b) If the chair of a standing committee determines that a
61-19 bill or joint resolution:
61-20 (1) authorizes or requires a change in the sanctions
61-21 applicable to adults convicted of felony crimes, the chair shall
61-22 send a copy of the measure to the Legislative Budget Board for the
61-23 preparation of a criminal justice policy impact statement;
61-24 (2) authorizes or requires a change in the public
61-25 school finance system, the chair shall send a copy of the measure
61-26 to the Legislative Budget Board for the preparation of an equalized
61-27 education funding impact statement;
62-1 (3) proposes to change benefits or participation in
62-2 benefits of a public retirement system or change the financial
62-3 obligations of a public retirement system, the chair shall send a
62-4 copy of the measure to the Legislative Budget Board for the
62-5 preparation of an actuarial impact statement in cooperation with
62-6 the State Pension Review Board; [or]
62-7 (4) proposes to create a water district under the
62-8 authority of Article XVI, Section 59, of the Texas Constitution,
62-9 the chair shall send a copy of the measure to the Legislative
62-10 Budget Board for the preparation of a water development policy
62-11 impact statement; or
62-12 (5) creates or impacts a state tax or fee, the chair
62-13 shall send a copy of the measure to the Legislative Budget Board
62-14 for the preparation of a tax equity note that estimates the general
62-15 effects of the proposal on the distribution of tax and fee burdens
62-16 among individuals and businesses.
62-17 (c) In preparing an impact statement, the director of the
62-18 Legislative Budget Board may utilize information or data supplied
62-19 by any person, agency, organization, or governmental unit that the
62-20 director deems reliable. If the director determines that the
62-21 particular implications of the measure cannot be ascertained, the
62-22 director shall so state in the impact statement, in which case the
62-23 impact statement shall be in full compliance with the rules.
62-24 (d) An impact statement is not required to be present before
62-25 a measure is laid out in a committee meeting. If timely received,
62-26 the impact statement shall be attached to the measure on first
62-27 printing. If the measure is amended by the committee so as to
63-1 alter its particular implications, the chair shall obtain an
63-2 updated impact statement. If timely received, the updated impact
63-3 statement shall also be attached to the measure on first printing.
63-4 (e) An impact statement that is received after the first
63-5 printing of a measure has been distributed to the members shall be
63-6 forwarded by the chair of the committee to the chief clerk. The
63-7 chief clerk shall have the impact statement printed and distributed
63-8 to the members.
63-9 (f) All impact statements received shall remain with the
63-10 measure throughout the entire legislative process, including
63-11 submission to the governor.
63-12 Sec. 35. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
63-13 Committee reports on house and concurrent resolutions shall be made
63-14 in the same manner and shall follow the same procedure as provided
63-15 for bills, subject to any differences otherwise authorized or
63-16 directed by the rules.
63-17 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No action
63-18 by the house is necessary on the report of a standing committee.
63-19 The bill, resolution, or proposition recommended or reported by the
63-20 committee shall automatically be before the house for its
63-21 consideration after the bill or resolution has been referred to the
63-22 appropriate calendars committee for placement on a calendar and for
63-23 proposal of an appropriate rule for house consideration.
63-24 Sec. 37. REFERRAL OF REPORTS TO CHIEF CLERK. All committee
63-25 reports on bills or resolutions shall be immediately referred to
63-26 the chief clerk. The chair of the committee shall be responsible
63-27 for delivery of the report to the chief clerk.
64-1 Sec. 38. DELIVERY OF REPORTS TO CALENDARS COMMITTEES. After
64-2 printing, the chief clerk shall be responsible for delivery of a
64-3 certified copy of the committee report to the appropriate calendars
64-4 committee, which committee shall immediately accept the bill or
64-5 resolution for placement on a calendar and for the proposal of an
64-6 appropriate rule for house consideration.
64-7 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
64-8 power to amend, delete, or change in any way the nature, purpose,
64-9 or content of any bill or resolution referred to it, but may draft
64-10 and recommend amendments to it, which shall become effective only
64-11 if adopted by a majority vote of the house.
64-12 Sec. 40. SUBSTITUTES. The committee may adopt and report a
64-13 complete germane committee substitute containing the title,
64-14 enacting clause, and text of the bill in lieu of an original bill,
64-15 in which event the complete substitute bill on committee report
64-16 shall be laid before the house and shall be the matter then before
64-17 the house for its consideration, instead of the original bill. If
64-18 the substitute bill is defeated at any legislative stage, the bill
64-19 is considered not passed.
64-20 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
64-21 raised that a complete committee substitute is not germane, in
64-22 whole or in part, and the point of order is sustained, the
64-23 committee substitute shall be returned to the Committee on
64-24 Calendars, which may have the original bill printed and distributed
64-25 and placed on a calendar in lieu of the substitute or may return
64-26 the original bill to the committee from which it was reported for
64-27 further action.
65-1 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
65-2 REPORT. Should the author or sponsor of the bill, resolution, or
65-3 other proposal not be satisfied with the final recommendation or
65-4 form of the committee report, the member shall have the privilege
65-5 of offering on the floor of the house such amendments or changes as
65-6 he or she considers necessary and desirable, and those amendments
65-7 or changes shall be given priority during the periods of time when
65-8 original amendments are in order under the provisions of Rule 11,
65-9 Section 7.
65-10 CHAPTER D. SUBCOMMITTEES
65-11 Sec. 43. JURISDICTION. Each committee is authorized to
65-12 conduct its activities and perform its work through the use of
65-13 subcommittees as shall be determined by the chair of the committee.
65-14 Subcommittees shall be created, organized, and operated in such a
65-15 way that the subject matter and work area of each subcommittee
65-16 shall be homogeneous and shall pertain to related governmental
65-17 activities. The size and jurisdiction of each subcommittee shall
65-18 be determined by the chair of the committee, except that each
65-19 substantive committee, other than the Appropriations Committee,
65-20 shall have a subcommittee for oversight whose responsibility it
65-21 shall be to monitor the operations and performance of the state
65-22 agencies within the jurisdiction of the committee as provided in
65-23 Rule 3. When the subcommittee for oversight has been appointed,
65-24 the chair of the committee shall file a list of the members of the
65-25 subcommittee with the chief clerk.
65-26 Sec. 44. MEMBERSHIP. The chair of each standing committee
65-27 shall appoint from the membership of the committee the members who
66-1 are to serve on each subcommittee, including the subcommittee for
66-2 oversight. Any vacancy on a subcommittee shall be filled by
66-3 appointment of the chair of the standing committee. The chair and
66-4 vice-chair of each subcommittee, including the subcommittee for
66-5 oversight, shall be named by the chair of the committee.
66-6 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of Procedure
66-7 of the House of Representatives, to the extent applicable, shall
66-8 govern the hearings and operations of each subcommittee. Subject
66-9 to the foregoing, and to the extent necessary for orderly
66-10 transaction of business, each subcommittee may promulgate and adopt
66-11 additional rules and procedures by which it will function.
66-12 Sec. 46. QUORUM. A majority of a subcommittee shall
66-13 constitute a quorum, and no action or recommendation of a
66-14 subcommittee shall be valid unless taken at a meeting with a quorum
66-15 actually present. All reports of a subcommittee must be approved
66-16 by record vote by a majority of the membership of the subcommittee.
66-17 Minutes of the subcommittee shall be maintained in a manner similar
66-18 to that required by the rules for standing committees. Proxies
66-19 cannot be used in subcommittees.
66-20 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within the
66-21 area of its jurisdiction, shall have all of the power, authority,
66-22 and rights granted by the Rules of Procedure of the House of
66-23 Representatives to the standing committee, except subpoena power,
66-24 to the extent necessary to discharge the duties and
66-25 responsibilities of the subcommittee.
66-26 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO SUBCOMMITTEE.
66-27 All bills and resolutions referred to a standing committee shall be
67-1 reviewed by the chair to determine appropriate disposition of the
67-2 bills and resolutions. All bills and resolutions shall be
67-3 considered by the entire standing committee unless the chair of
67-4 that standing committee determines to refer the bills and
67-5 resolutions to subcommittee. If a bill or resolution is referred
67-6 by the chair of the standing committee to a subcommittee, it shall
67-7 be considered by the subcommittee in the same form in which the
67-8 measure was referred to the standing committee, and any action
67-9 taken by the standing committee on a proposed amendment or
67-10 committee substitute before a measure is referred to subcommittee
67-11 is therefore voided at the time the measure is referred to
67-12 subcommittee. The [the] subcommittee shall be charged with the
67-13 duty and responsibility of conducting the hearing, doing research,
67-14 and performing such other functions as the subcommittee or its
67-15 parent standing committee may determine. All meetings of the
67-16 subcommittee shall be scheduled by the subcommittee chair, with
67-17 appropriate public notice and notification of each member of the
67-18 subcommittee under the same rules of procedure as govern the
67-19 conduct of the standing committee.
67-20 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
67-21 deliberations on a bill, resolution, or other matter referred to
67-22 it, the subcommittee shall prepare a written report, comprehensive
67-23 in nature, for submission to the full committee. The report shall
67-24 include background material as well as recommended action and shall
67-25 be accompanied by a complete draft of the bill, resolution, or
67-26 other proposal in such form as the subcommittee shall determine.
67-27 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
68-1 reports shall be directed to the chair of the committee, who shall
68-2 schedule meetings of the standing committee from time to time as
68-3 necessary and appropriate for the reception of subcommittee reports
68-4 and for action on reports by the standing committee. No
68-5 subcommittee report shall be scheduled for action by the standing
68-6 committee until at least 48 hours after a copy of the subcommittee
68-7 report is provided to each member of the standing committee.
68-8 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
68-9 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE HOUSE.
68-10 The house may resolve itself into a committee of the whole house to
68-11 consider any matter referred to it by the house. In forming a
68-12 committee of the whole house, the speaker shall vacate the chair
68-13 and shall appoint a chair to preside in committee.
68-14 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
68-15 the proceedings of the house and those governing committees shall
68-16 be observed in committees of the whole, to the extent that they are
68-17 applicable.
68-18 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE WHOLE.
68-19 (a) It shall be in order to move a call of the committee of the
68-20 whole at any time to secure and maintain a quorum for the following
68-21 purposes:
68-22 (1) for the consideration of a certain or specific
68-23 matter; or
68-24 (2) for a definite period of time; or
68-25 (3) for the consideration of any designated class of
68-26 bills.
68-27 (b) When a call of the committee of the whole is moved and
69-1 seconded by 10 members, of whom the chair may be one, and is
69-2 ordered by majority vote, the main entrance of the hall and all
69-3 other doors leading out of the hall shall be locked, and no member
69-4 shall be permitted to leave the hall without written permission.
69-5 Other proceedings under a call of the committee shall be the same
69-6 as under a call of the house.
69-7 Sec. 54. HANDLING OF A BILL. A bill committed to a
69-8 committee of the whole house shall be handled in the same manner as
69-9 in any other committee. The body of the bill shall not be defaced
69-10 or interlined, but all amendments shall be duly endorsed by the
69-11 chief clerk as they are adopted by the committee, and so reported
69-12 to the house. When a bill is reported by the committee of the
69-13 whole house it shall be referred immediately to the appropriate
69-14 calendars committee for placement on the appropriate calendar and
69-15 shall follow the same procedure as any other bill on committee
69-16 report.
69-17 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
69-18 event that the committee of the whole, at any sitting, fails to
69-19 complete its work on any bill or resolution under consideration for
69-20 lack of time, or desires to take any action on that measure that is
69-21 permitted under the rules for other committees, it may, on a motion
69-22 made and adopted by majority vote, rise, report progress, and ask
69-23 leave of the house to sit again generally, or at a time certain.
69-24 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
69-25 committees made during a session shall be filed with the chief
69-26 clerk and printed in the journal, unless otherwise determined by
69-27 the house.
70-1 CHAPTER F. INTERIM STUDY COMMITTEES
70-2 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
70-3 the speaker may create interim study committees to conduct studies
70-4 by issuing a proclamation for each committee, which shall specify
70-5 the issue to be studied, committee membership, and any additional
70-6 authority and duties. A copy of each proclamation creating an
70-7 interim study committee shall be filed with the chief clerk. An
70-8 interim study committee expires on release of its final report or
70-9 when the next legislature convenes, whichever is earlier. An
70-10 interim study committee may not be created by resolution.
70-11 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
70-12 appoint all members of an interim study committee, which may
70-13 include public citizens and officials of state and local
70-14 governments. The speaker shall also designate the chair and
70-15 vice-chair and may authorize the chair to create subcommittees and
70-16 appoint citizen advisory committees.
70-17 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
70-18 the proceedings of the house and those governing standing
70-19 committees shall be observed by an interim study committee, to the
70-20 extent that they are applicable. An interim study committee shall
70-21 have the power to issue process and to request assistance of state
70-22 agencies as provided for a standing committee in Sections 21, 22,
70-23 and 23 of this rule.
70-24 Sec. 60. FUNDING AND STAFF. An interim study committee
70-25 shall use existing staff resources of its members, standing
70-26 committees, house offices, and legislative service agencies. The
70-27 chair of an interim study committee shall prepare a detailed
71-1 budget for approval by the speaker and the Committee on House
71-2 Administration. An interim study committee may accept gifts,
71-3 grants, and donations for the purpose of funding its activities as
71-4 provided by Sections 301.032(b) and (c), Government Code.
71-5 Sec. 61. STUDY REPORTS. The final report or recommendations
71-6 of an interim study committee shall be approved by a majority of
71-7 the committee membership. Dissenting members may attach statements
71-8 to the final report. Five copies of the report shall be submitted
71-9 to the speaker; 50 copies shall be provided to House Bill
71-10 Distribution for sale at cost; and 75 copies shall be provided to
71-11 the chief clerk, who shall make the appropriate distribution to the
71-12 Legislative Reference Library and state library and archives. This
71-13 section shall also apply to interim study reports of standing
71-14 committees.
71-15 Sec. 62. JOINT HOUSE AND SENATE INTERIM STUDIES. Procedures
71-16 may be established by a concurrent resolution adopted by both
71-17 houses, by which the speaker may authorize and appoint, jointly
71-18 with the senate, committees to conduct interim studies. A copy of
71-19 the authorization for and the appointments to a joint interim study
71-20 committee shall be filed with the chief clerk. Individual joint
71-21 interim study committees may not be authorized or created by
71-22 resolution.
71-23 RULE 5. FLOOR PROCEDURE
71-24 CHAPTER A. QUORUM AND ATTENDANCE
71-25 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
71-26 quorum to do business.
71-27 Sec. 2. ROLL CALLS. On every roll call or registration, the
72-1 names of the members shall be called or listed, as the case may be,
72-2 alphabetically by surname, except when two or more have the same
72-3 surname, in which case the initials of the members shall be
72-4 added.
72-5 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
72-6 from the sessions of the house without leave, and no member shall
72-7 be excused on his or her own motion.
72-8 (b) A leave of absence may be granted by a majority vote of
72-9 the house and may be revoked at any time by a similar vote.
72-10 (c) Any member granted a leave of absence due to a meeting
72-11 of a committee or conference committee that has authority to meet
72-12 while the house is in session shall be so designated on each roll
72-13 call or registration for which that member is excused.
72-14 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
72-15 present and fails or refuses to record on a roll call after being
72-16 requested to do so by the speaker shall be recorded as present by
72-17 the speaker and shall be counted for the purpose of making a
72-18 quorum.
72-19 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
72-20 order of "No Quorum" shall not be accepted by the chair if the last
72-21 roll call showed the presence of a quorum, provided the last roll
72-22 call was taken within two hours of the time the point of order is
72-23 raised.
72-24 (b) If the last roll call was taken more than two hours
72-25 before the point of order is raised, it shall be in order for the
72-26 member who raised the point of order to request a roll call. Such
72-27 a request must be seconded by 25 members. If the request for a
73-1 roll call is properly seconded, the chair shall order a roll call.
73-2 (c) Once a point of order has been made that a quorum is not
73-3 present, it may not be withdrawn after the absence of a quorum has
73-4 been ascertained and announced.
73-5 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
73-6 registration or record vote reveals that a quorum is not present,
73-7 only a motion to adjourn or a motion for a call of the house and
73-8 the motions incidental thereto shall be in order.
73-9 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
73-10 to move a call of the house at any time to secure and maintain a
73-11 quorum for one of the following purposes:
73-12 (1) for the consideration of a specific bill,
73-13 resolution, motion, or other measure;
73-14 (2) for the consideration of any designated class of
73-15 bills; or
73-16 (3) for a definite period of time.
73-17 Motions for, and incidental to, a call of the house are not
73-18 debatable.
73-19 Sec. 8. SECURING A QUORUM. When a call of the house is
73-20 moved for one of the above purposes and seconded by 15 members (of
73-21 whom the speaker may be one) and ordered by a majority vote, the
73-22 main entrance to the hall and all other doors leading out of the
73-23 hall shall be locked and no member permitted to leave the house
73-24 without the written permission of the speaker. The names of
73-25 members present shall be recorded. All absentees for whom no
73-26 sufficient excuse is made may, by order of a majority of those
73-27 present, be sent for and arrested, wherever they may be found, by
74-1 the sergeant-at-arms or an officer appointed by the
74-2 sergeant-at-arms for that purpose, and their attendance shall be
74-3 secured and retained. The house shall determine on what conditions
74-4 they shall be discharged. Members who voluntarily appear shall,
74-5 unless the house otherwise directs, be immediately admitted to the
74-6 hall of the house and shall report their names to the clerk to be
74-7 entered in the journal as present.
74-8 Until a quorum appears, should the roll call fail to show one
74-9 present, no business shall be transacted, except to compel the
74-10 attendance of absent members or to adjourn. It shall not be in
74-11 order to recess under a call of the house.
74-12 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
74-13 shown to be present, the house may proceed with the matters on
74-14 which the call was ordered, or may enforce the call and await the
74-15 attendance of as many of the absentees as it desires. When the
74-16 house proceeds to the business on which the call was ordered, it
74-17 may, by a majority vote, direct the sergeant-at-arms to cease
74-18 bringing in absent members.
74-19 Sec. 10. REPEATING A RECORD VOTE. When a record vote
74-20 reveals the lack of a quorum, and a call is ordered to secure one,
74-21 a record vote shall again be taken when the house resumes business
74-22 with a quorum present.
74-23 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
74-24 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
74-25 persons shall be entitled to the privileges of the floor of the
74-26 house when the house is in session: members of the house;
74-27 employees of the house when performing their official duties as
75-1 determined by the Committee on House Administration; members of the
75-2 senate; employees of the senate when performing their official
75-3 duties; the Governor of Texas and the governor's executive and
75-4 administrative assistant; the lieutenant governor; the secretary of
75-5 state; duly accredited reporters, photographers, correspondents,
75-6 and commentators of press, radio, and television who have complied
75-7 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
75-8 election cases pending before the house; and immediate families of
75-9 the members of the legislature on such special occasions as may be
75-10 determined by the Committee on House Administration.
75-11 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
75-12 persons shall be admitted to the area on the floor of the house
75-13 enclosed by the railing when the house is in session: members of
75-14 the house; members of the senate; the governor; the lieutenant
75-15 governor; officers and employees of the senate and house when those
75-16 officers and employees are actually engaged in performing their
75-17 official duties as determined by the Committee on House
75-18 Administration; spouses of members of the house on such occasions
75-19 as may be determined by the Committee on House Administration; and
75-20 duly accredited reporters, photographers, correspondents, and
75-21 commentators of press, radio, and television who have complied with
75-22 Sections 20(a), (b), (c), and (d) of this rule.
75-23 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
75-24 and collectors shall not be admitted to the floor of the house
75-25 while the house is in session.
75-26 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
75-27 invite a person to address the house while it is in session shall
76-1 be in order only if the person invited is entitled to the
76-2 privileges of the floor as defined by Section 11 of this rule and
76-3 if no business is pending before the house.
76-4 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
76-5 a member of the legislature, who is lobbying or working for or
76-6 against any pending or prospective legislative measure shall be
76-7 permitted on the floor of the house or in the adjacent rooms while
76-8 the house is in session.
76-9 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
76-10 admitted to the floor of the house under the rules, except the
76-11 governor or a member of the legislature, lobbies or works for or
76-12 against any pending or prospective legislation or violates any of
76-13 the other rules of the house, the privileges extended to that
76-14 person under the rules shall be suspended by a majority vote of the
76-15 Committee on House Administration. The action of the committee
76-16 shall be reviewable by the house only if two members of the
76-17 committee request an appeal from the decision of the committee.
76-18 The request shall be in the form of a minority report and shall be
76-19 subject to the same rules that are applicable to minority reports
76-20 on bills. Suspension shall remain in force until the accused
76-21 person purges himself or herself and comes within the rules, or
76-22 until the house, by majority vote, reverses the action of the
76-23 committee.
76-24 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
76-25 persons shall be admitted to the members lounge at any
76-26 time: members of the house; members of the senate; and former
76-27 members of the house and senate who are not engaged in any form of
77-1 employment requiring them to lobby or work for or against any
77-2 pending or prospective legislative measures.
77-3 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
77-4 shall be the duty of the Committee on House Administration to
77-5 determine what duties are to be discharged by officers and
77-6 employees of the house on the floor of the house, specifically in
77-7 the area enclosed by the railing, when the house is in session. It
77-8 shall be the duty of the speaker to see that the officers and
77-9 employees do not violate the regulations promulgated by the
77-10 Committee on House Administration.
77-11 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
77-12 allowed to remain in, the house chamber while the house is in
77-13 session unless properly attired, and all gentlemen shall wear a
77-14 coat and tie. Food or beverage shall not be permitted in the house
77-15 chamber at any time, and no person carrying food or beverage shall
77-16 be admitted to the chamber, whether the house is in session or in
77-17 recess. Reading newspapers shall not be permitted in the house
77-18 chamber while the house is in session.
77-19 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
77-20 is in session, no media representative shall be admitted to the
77-21 floor of the house or allowed its privileges unless the person is a
77-22 salaried staff correspondent, reporter, or photographer regularly
77-23 employed by a newspaper, a press association or news service
77-24 serving newspapers, a publication requiring telegraphic coverage,
77-25 or a duly licensed radio or television station or network.
77-26 (b) Any media representative seeking admission to the floor
77-27 of the house under the provisions of Subsection (a) of this section
78-1 must present to the Committee on House Administration fully
78-2 accredited credentials from his or her employer certifying that the
78-3 media representative is engaged primarily in reporting the sessions
78-4 of the legislature. Regularly accredited media representatives who
78-5 have duly qualified under the provisions of this section may, when
78-6 requested to do so, make recommendations through their professional
78-7 committees to the Committee on House Administration as to the
78-8 sufficiency or insufficiency of the credentials of any person
78-9 seeking admission to the floor of the house under this section.
78-10 Every media representative, before being admitted to the
78-11 floor of the house during its sessions, shall file with the
78-12 Committee on House Administration a written statement showing the
78-13 paper or papers, press association, news service, publication
78-14 requiring telegraphic coverage, or radio or television station or
78-15 network which he or she represents and certifying that no part of
78-16 his or her salary for legislative coverage is paid by any person,
78-17 firm, corporation, or association except the listed news media
78-18 which he or she represents.
78-19 (c) If the Committee on House Administration determines that
78-20 a person's media credentials meet the requirements of this section,
78-21 the committee shall so notify the speaker of the house in writing,
78-22 and the speaker shall issue a pass card to the person. This pass
78-23 card must be presented to the doorkeeper each time the person seeks
78-24 admission to the floor of the house while the house is in session.
78-25 Pass cards issued under this section shall not be transferable.
78-26 Persons admitted to the floor of the house pursuant to the
78-27 provisions of this section shall work in appropriate convenient
79-1 seats or work stations in the house, which shall be designated for
79-2 that purpose by the Committee on House Administration.
79-3 (d) Media representatives who are admitted to the floor of
79-4 the house when the house is in session shall confine their
79-5 activities within the railing to very brief inquiries, brief,
79-6 nonilluminated photographic contacts, and brief contacts to arrange
79-7 interviews and press conferences with members of the house.
79-8 Members of the house shall not engage in interviews and press
79-9 conferences on the house floor while the house is in session. The
79-10 Committee on House Administration is authorized to enforce this
79-11 provision and to prescribe such other regulations as may be
79-12 necessary and desirable to achieve these purposes. Persons
79-13 governed by this subsection shall be subject to the provisions of
79-14 Section 15 of this rule.
79-15 (e) Permission to make live or recorded television or radio
79-16 broadcasts in or from the house chamber while the house is in
79-17 session may be granted only by the Committee on House
79-18 Administration. The committee shall promulgate regulations
79-19 governing television or radio broadcasts, and such regulations
79-20 shall be printed as an addendum to the rules of the house. When
79-21 television or radio broadcasts from the floor of the house are
79-22 recommended by the Committee on House Administration, the
79-23 recommendation shall identify those persons in the technical crews
79-24 to whom pass cards to the floor of the house and galleries are to
79-25 be issued by the speaker. Passes granted under this authority
79-26 shall be subject to revocation on the recommendation of the
79-27 Committee on House Administration. Each committee of the house
80-1 shall have authority to determine whether or not to permit
80-2 television or radio broadcasts of any of its proceedings.
80-3 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
80-4 HOUSE CHAMBER. When the house is not in session, the floor of the
80-5 house shall remain open on days and hours determined by the
80-6 Committee on House Administration. By resolution, the house may
80-7 open the floor of the house during its sessions for the
80-8 inauguration of the governor and lieutenant governor and for such
80-9 other public ceremonies as may be deemed warranted.
80-10 CHAPTER C. SPEAKING AND DEBATE
80-11 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
80-12 speak or deliver any matter to the house, the member shall rise and
80-13 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
80-14 on being recognized, may address the house from the microphone at
80-15 the reading clerk's desk, and shall confine all remarks to the
80-16 question under debate, avoiding personalities.
80-17 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
80-18 members rise at once, the speaker shall name the one who is to
80-19 speak first. This decision shall be final and not open to debate
80-20 or appeal.
80-21 Sec. 24. RECOGNITION. There shall be no appeal from the
80-22 speaker's recognition, but the speaker shall be governed by rules
80-23 and usage in priority of entertaining motions from the floor. When
80-24 a member seeks recognition, the speaker may ask, "For what purpose
80-25 does the member rise?" or "For what purpose does the member seek
80-26 recognition?" and may then decide if recognition is to be
80-27 granted.
81-1 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
81-2 member who has the floor shall not be interrupted by another member
81-3 for any purpose, unless he or she consents to yield to the other
81-4 member. A member desiring to interrupt another in debate should
81-5 first address the speaker for the permission of the member
81-6 speaking. The speaker shall then ask the member who has the floor
81-7 if he or she wishes to yield, and then announce the decision of
81-8 that member. The member who has the floor may exercise personal
81-9 discretion as to whether or not to yield, and it is entirely within
81-10 the member's discretion to determine who shall interrupt and when.
81-11 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
81-12 on recognition of the speaker may not be taken off the floor by a
81-13 motion, even the highly privileged motion to adjourn, but if the
81-14 member yields to another to make a motion or to offer an amendment,
81-15 he or she thereby loses the floor.
81-16 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
81-17 proposition, or the member reporting any measure from a committee,
81-18 or, in the absence of either of them, any other member designated
81-19 by such absentee, shall have the right to open and close the
81-20 debate, and for this purpose may speak each time not more than 20
81-21 minutes.
81-22 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
81-23 limited to 10 minutes in duration, except as provided in Section 27
81-24 of this rule, and the speaker shall call the members to order at
81-25 the expiration of their time. If the house by a majority vote
81-26 extends the time of any member, the extension shall be for 10
81-27 minutes only. A second extension of time shall be granted only by
82-1 unanimous consent. During the last 10 calendar days of the regular
82-2 session, and the last 5 calendar days of a special session, Sundays
82-3 excepted, all speeches shall be limited to 10 minutes and shall not
82-4 be extended. The time limits established by this rule shall
82-5 include time consumed in yielding to questions from the floor.
82-6 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
82-7 speak more than twice on the same question without leave of the
82-8 house, nor more than once until every member choosing to speak has
82-9 spoken, nor shall any member be permitted to consume the time of
82-10 another member without leave of the house being given by a majority
82-11 vote.
82-12 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
82-13 pending question is not disposed of because of an adjournment of
82-14 the house, a member who has spoken twice on the subject shall not
82-15 be allowed to speak again without leave of the house.
82-16 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
82-17 a paper is called for, and objection is made, the matter shall be
82-18 determined by a majority vote of the house, without debate.
82-19 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
82-20 person shall pass between the front and back microphones during
82-21 debate or when a member has the floor and is addressing the house.
82-22 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
82-23 member, in speaking or otherwise, transgresses the rules of the
82-24 house, the speaker shall, or any member may, call the member to
82-25 order, in which case the member so called to order shall
82-26 immediately be seated; however, that member may move for an appeal
82-27 to the house, and if appeal is duly seconded by 10 members, the
83-1 matter shall be submitted to the house for decision by majority
83-2 vote. In such cases, the speaker shall not be required to
83-3 relinquish the chair, as is required in cases of appeals from the
83-4 speaker's decisions. The house shall, if appealed to, decide the
83-5 matter without debate. If the decision is in favor of the member
83-6 called to order, the member shall be at liberty to proceed; but if
83-7 the decision is against the member, he or she shall not be allowed
83-8 to proceed, and, if the case requires it, shall be liable to the
83-9 censure of the house, or such other punishment as the house may
83-10 consider proper.
83-11 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
83-12 proceedings of the house of representatives shall be electronically
83-13 recorded under the direction of the Committee on House
83-14 Administration. Copies of the proceedings may be released under
83-15 guidelines promulgated by the Committee on House Administration.
83-16 CHAPTER D. QUESTIONS OF PRIVILEGE
83-17 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
83-18 privilege shall be:
83-19 (1) those affecting the rights of the house
83-20 collectively, its safety and dignity, and the integrity of its
83-21 proceedings; and
83-22 (2) those affecting the rights, reputation, and
83-23 conduct of members individually in their representative capacity
83-24 only.
83-25 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
83-26 privilege shall have precedence over all other questions except
83-27 motions to adjourn. When in order, a member may address the house
84-1 on a question of privilege, or may at any time print it in the
84-2 journal, provided it contains no reflection on any member of the
84-3 house.
84-4 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
84-5 not be in order for a member to address the house on a question of
84-6 privilege:
84-7 (1) between the time an undebatable motion is offered
84-8 and the vote is taken on the motion;
84-9 (2) between the time the previous question is ordered
84-10 and the vote is taken on the last proposition included under the
84-11 previous question; or
84-12 (3) between the time a motion to table is offered and
84-13 the vote is taken on the motion.
84-14 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
84-15 speaking on privilege, members must confine their remarks within
84-16 the limits of Section 35 of this rule, which will be strictly
84-17 construed to achieve the purposes hereof.
84-18 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
84-19 of a main or subsidiary motion shall not be discussed or debated
84-20 under the guise of speaking to a question of privilege.
84-21 CHAPTER E. VOTING
84-22 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
84-23 votes, except viva voce votes, members shall record their votes on
84-24 the voting machine and shall not be recognized by the chair to cast
84-25 their votes from the floor. If a member attempts to vote from the
84-26 floor, the speaker shall sustain a point of order directed against
84-27 the member's so doing. This rule shall not be applicable to the
85-1 mover or the principal opponent of the proposition being voted on
85-2 nor to a member whose voting machine is out of order.
85-3 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
85-4 registration or vote taken on the voting machine of the house shall
85-5 in all instances be considered the equivalent of a roll call or yea
85-6 and nay vote, which might be had for the same purpose.
85-7 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
85-8 member who has a personal or private interest in any measure or
85-9 bill proposed or pending before the house shall disclose the fact
85-10 and not vote thereon.
85-11 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
85-12 house, a quorum being present, the question shall be divided, if it
85-13 includes propositions so distinct in substance that, one being
85-14 taken away, a substantive proposition remains. A motion for a
85-15 division vote cannot be made after the previous question has been
85-16 ordered, after a motion to table has been offered, after the
85-17 question has been put, nor after the yeas and nays have been
85-18 ordered. Under this subsection, the speaker may divide the
85-19 question into groups of propositions that are closely related.
85-20 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
85-21 present and fails or refuses to vote after being requested to do so
85-22 by the speaker shall be recorded as present but not voting, and
85-23 shall be counted for the purpose of making a quorum.
85-24 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
85-25 member must be on the floor of the house or in an adjacent room or
85-26 hallway on the same level as the house floor, in order to vote.
85-27 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
86-1 each calendar day in which the house is in session, it shall be the
86-2 duty of the voting clerk to lock the voting machine of each member
86-3 who is excused or who is otherwise known to be absent. Each such
86-4 machine shall remain locked until the member in person contacts the
86-5 journal clerk and personally requests the unlocking of the machine.
86-6 Unless otherwise directed by the speaker, the voting clerk shall
86-7 not unlock any machine except at the personal request of the member
86-8 to whom the machine is assigned. Any violation, or any attempt by
86-9 a member or employee to circumvent the letter or spirit of this
86-10 section, shall be reported immediately to the speaker for such
86-11 disciplinary action by the speaker, or by the house, as may be
86-12 warranted under the circumstances.
86-13 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
86-14 by the house of knowingly voting for another member on the voting
86-15 machine shall be subject to discipline deemed appropriate by the
86-16 house.
86-17 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
86-18 begun, it may not be interrupted for any reason. While a yea and
86-19 nay vote is being taken, or the vote is being counted, no member
86-20 shall visit the reading clerk's desk or the voting clerk's desk.
86-21 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
86-22 allowed to interrupt the vote or to make any explanation of a vote
86-23 that the member is about to give after the voting machine has been
86-24 opened, but may record in the journal the reasons for giving such a
86-25 vote.
86-26 (b) A "Reason for Vote" must be in writing and filed with
86-27 the journal clerk. If timely received, the "Reason for Vote" shall
87-1 be printed immediately following the results of the vote in the
87-2 journal. Otherwise, "Reasons for Vote" shall be printed in a
87-3 separate section at the end of the journal for the day on which the
87-4 reasons were recorded with the journal clerk. Such "Reason for
87-5 Vote" shall not deal in personalities or contain any personal
87-6 reflection on any member of the legislature, the speaker, the
87-7 lieutenant governor, or the governor, and shall not in any other
87-8 manner transgress the rules of the house relating to decorum and
87-9 debate.
87-10 (c) A member absent when a vote was taken may file with the
87-11 journal clerk while the house is in session a statement of how the
87-12 member would have voted if present. If timely received, the
87-13 statement shall be printed immediately following the results of the
87-14 vote in the journal. Otherwise, statements shall be printed in a
87-15 separate section at the end of the journal for the day on which the
87-16 statements were recorded with the journal clerk.
87-17 Sec. 50. PAIRS. All pairs must be announced before the vote
87-18 is declared by the speaker, and a written statement sent to the
87-19 journal clerk. The statement must be signed by the absent member
87-20 to the pair, or the member's signature must have been authorized in
87-21 writing, by telegraph, or by telephone, and satisfactory evidence
87-22 presented to the speaker if deemed necessary. If authorized by
87-23 telephone, the call must be to and confirmed by the chief clerk in
87-24 advance of the vote to which it applies. Pairs shall be entered in
87-25 the journal, and the member present shall be counted to make a
87-26 quorum.
87-27 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
88-1 desire of any three members present, the yeas and nays of the
88-2 members of the house on any question shall be taken and entered in
88-3 the journal. No member or members shall be allowed to call for a
88-4 yea and nay vote after a vote has been declared by the speaker. A
88-5 motion to expunge a yea and nay vote from the journal shall not be
88-6 in order.
88-7 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
88-8 votes members may have their votes recorded in the journal as "yea"
88-9 or "nay" by filing such information with the journal clerk within 1
88-10 hour of the time the results are announced by the chair but not
88-11 after adjournment or recess to another calendar day.
88-12 Sec. 53. CHANGING A VOTE. Before the result of a vote has
88-13 been finally and conclusively pronounced by the chair, but not
88-14 thereafter, a member may change his or her vote; however, if a
88-15 member's vote is erroneous, the member shall be allowed to change
88-16 that vote at a later time provided:
88-17 (1) the result of the record vote is not changed
88-18 thereby;
88-19 (2) the request is made known to the house by the
88-20 chair and permission for the change is granted by unanimous
88-21 consent; and
88-22 (3) a notation is made in the journal that the
88-23 member's vote was changed.
88-24 Sec. 54. TIE VOTE. All matters on which a vote may be taken
88-25 by the house shall require for adoption a favorable affirmative
88-26 vote as required by these rules, and in the case of a tie vote, the
88-27 matter shall be considered lost.
89-1 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
89-2 result of a yea and nay vote is close, the speaker may on the
89-3 request of any member order a verification vote, or the speaker may
89-4 order a verification on his or her own initiative. During
89-5 verification, no member shall change a vote unless it was
89-6 erroneously recorded, nor may any member not having voted cast a
89-7 vote; however, when the clerk errs in reporting the yeas and nays,
89-8 and correction thereof leaves decisive effect to the speaker's
89-9 vote, the speaker may exercise the right to vote, even though the
89-10 result has been announced. A verification shall be called for
89-11 immediately after the vote is announced. The speaker shall not
89-12 entertain a request for verification after the house has proceeded
89-13 to the next question, or after a recess or an adjournment. A vote
89-14 to recess or adjourn, like any other proposition, may be verified.
89-15 Only one vote verification can be pending at a time. A
89-16 verification may be dispensed with by a two-thirds vote.
89-17 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
89-18 allow the verification of a registration (as differentiated from a
89-19 record vote) if in the speaker's opinion there is serious doubt as
89-20 to the presence of a quorum.
89-21 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
89-22 VERIFICATION. A motion for a call of the house, and all incidental
89-23 motions relating to it, shall be in order pending the verification
89-24 of a vote. These motions must be made before the roll call on
89-25 verification begins, and it shall not be in order to break into the
89-26 roll call to make them.
89-27 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
90-1 If, by an error of the voting clerk or reading clerk in reporting
90-2 the yeas and nays from a registration or verification, the speaker
90-3 announces a result different from that shown by the registration or
90-4 verification, the status of the question shall be determined by the
90-5 vote as actually recorded. If the vote is erroneously announced in
90-6 such a way as to change the true result, all subsequent proceedings
90-7 in connection therewith shall fail, and the journal shall be
90-8 amended accordingly.
90-9 RULE 6. ORDER OF BUSINESS AND CALENDARS
90-10 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
90-11 convenes on a new legislative day, the daily order of business
90-12 shall be as follows:
90-13 (1) Call to order by speaker.
90-14 (2) Registration of members.
90-15 (3) Prayer by chaplain, unless the invocation has been
90-16 given previously on the particular calendar day.
90-17 (4) Excuses for absence of members and officers.
90-18 (5) First reading and reference to committee of bills
90-19 filed with the chief clerk; and motions to introduce bills, when
90-20 such motions are required.
90-21 (6) Requests to print bills and other papers; requests
90-22 of committees for further time to consider papers referred to them;
90-23 and all other routine motions and business not otherwise provided
90-24 for, all of which shall be undebatable except that the mover and
90-25 one opponent of the motion shall be allowed three minutes each.
90-26 The mover of a routine motion shall be allowed his or her
90-27 choice of making the opening or the closing speech under this rule.
91-1 If the house, under a suspension of the rules, extends the time of
91-2 a member under this rule, such extensions shall be for three
91-3 minutes. Subsidiary motions that are applicable to routine motions
91-4 shall be in order, but the makers of such subsidiary motions shall
91-5 not be entitled to speak thereon in the routine motion period, nor
91-6 shall the authors of the original routine motions be allowed any
91-7 additional time because of subsidiary motions.
91-8 (7) Unfinished business.
91-9 (8) Postponed matters to be laid before the house in
91-10 accordance with Rule 7, Section 15.
91-11 (9) Calendars of the house in their order of priority
91-12 in accordance with Section 7 of this rule, unless a different order
91-13 is determined under other provisions of these rules.
91-14 (b) When the house reconvenes for the first time on a new
91-15 calendar day following a recess, the daily order of business shall
91-16 be:
91-17 (1) Call to order by the speaker.
91-18 (2) Registration of members.
91-19 (3) Prayer by the chaplain.
91-20 (4) Excuses for absence of members and officers.
91-21 (5) Pending business.
91-22 (6) Calendars of the house in their order of priority
91-23 in accordance with Section 7 of this rule, unless a different order
91-24 is determined under other provisions of these rules.
91-25 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
91-26 measure may on any day be made a special order for the same day or
91-27 for a future day of the session by an affirmative vote of
92-1 two-thirds of the members present. A motion to set a special order
92-2 shall be subject to the three-minute pro and con debate rule. When
92-3 once established as a special order, a bill, resolution, or other
92-4 measure shall be considered from day to day until disposed of; and
92-5 until it has been disposed of, no further special orders shall be
92-6 made.
92-7 A three-fourths vote of the members present shall be required
92-8 to suspend the portion of this rule which specifies that only one
92-9 special order may be made and pending at a time.
92-10 (b) After the first six items under the daily order of
92-11 business for a legislative day have been passed, a special order
92-12 shall have precedence when the hour for its consideration has
92-13 arrived, except as provided in Section 9 of this rule.
92-14 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
92-15 may be postponed to a day certain by a two-thirds vote of those
92-16 present, and when so postponed, shall be considered as disposed of
92-17 so far as its place as a special order is concerned.
92-18 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
92-19 resolution laid on the table subject to call may be made a special
92-20 order.
92-21 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
92-22 motion is pending to set a particular bill or resolution as a
92-23 special order, it shall not be in order to move as a substitute to
92-24 set another bill or resolution as a special order. It shall be in
92-25 order, however, to substitute, by majority vote, a different time
92-26 for the special order consideration than that given in the original
92-27 motion.
93-1 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
93-2 If a member moves to set a bill or joint resolution as a special
93-3 order, or moves to suspend the rules to take up a bill or joint
93-4 resolution out of its regular order, and the motion prevails, the
93-5 member shall not have the right to make either of these motions
93-6 again until every other member has had an opportunity, via either
93-7 of these motions, to have some bill or joint resolution considered
93-8 out of its regular order during that session of the legislature. A
93-9 member shall not lose the suspension privilege if the motion to
93-10 suspend or set for special order does not prevail.
93-11 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
93-12 the house shall be controlled by a system of calendars, consisting
93-13 of the following:
93-14 (1) EMERGENCY CALENDAR, on which shall appear bills
93-15 considered to be of such pressing and imperative import as to
93-16 demand immediate action, bills to raise revenue and levy taxes,
93-17 and the general appropriations bill. A bill submitted as an
93-18 emergency matter by the governor may also be placed on this
93-19 calendar.
93-20 (2) MAJOR STATE CALENDAR, on which shall appear bills
93-21 of statewide effect, not emergency in nature, which establish or
93-22 change state policy in a major field of governmental activity and
93-23 which will have a major impact in application throughout the state
93-24 without regard to class, area, or other limiting factors.
93-25 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
93-26 appear joint resolutions proposing amendments to the Texas
93-27 Constitution, joint resolutions proposing the ratification of
94-1 amendments to the Constitution of the United States, and joint
94-2 resolutions applying to Congress for a convention to amend the
94-3 Constitution of the United States.
94-4 (4) GENERAL STATE CALENDAR, on which shall appear
94-5 bills of statewide effect, not emergency in nature, which establish
94-6 or change state law and which have application to all areas but are
94-7 limited in legal effect by classification or other factors which
94-8 minimize the impact to something less than major state policy, and
94-9 bills, not emergency in nature, which are not on a local or consent
94-10 calendar.
94-11 (5) LOCAL CALENDAR, on which shall appear local
94-12 bills, not emergency in nature, as defined by Rule 8, Section
94-13 10(c), and which have been recommended by the appropriate standing
94-14 committee for placement on an appropriate calendar by the
94-15 Committee on Local and Consent Calendars.
94-16 (6) CONSENT CALENDAR, on which shall appear bills, not
94-17 emergency in nature, regardless of extent and scope, on which there
94-18 is such general agreement as to render improbable any opposition to
94-19 the consideration and passage thereof, and which have been
94-20 recommended by the appropriate standing committee for placement on
94-21 an appropriate calendar by the Committee on Local and Consent
94-22 Calendars.
94-23 (7) RESOLUTIONS CALENDAR, on which shall appear house
94-24 resolutions and concurrent resolutions, not emergency in nature and
94-25 not privileged.
94-26 (8) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
94-27 on which shall appear congratulatory and memorial resolutions
95-1 whose sole intent is to congratulate, memorialize, or otherwise
95-2 express concern or commendation. The Committee on Rules and
95-3 Resolutions may provide separate categories for congratulatory and
95-4 memorial resolutions.
95-5 (b) A calendars committee shall strictly construe and the
95-6 speaker shall strictly enforce this system of calendars.
95-7 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
95-8 resolutions pending in the house shall follow the same procedure
95-9 with regard to calendars as house bills and resolutions, but
95-10 separate calendars shall be maintained for senate bills and
95-11 resolutions, and consideration of them on senate bill days shall
95-12 have priority in the manner and order specified in this rule.
95-13 (b) No other business shall be considered on days devoted to
95-14 the consideration of senate bills when there remain any bills on
95-15 any of the senate calendars, except with the consent of the senate.
95-16 When all senate calendars are clear, the house may proceed to
95-17 consideration of house calendars on senate bill days.
95-18 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
95-19 calendar Thursday of each week, only senate bills and senate
95-20 resolutions shall be taken up and considered, until disposed of.
95-21 Senate bills and senate resolutions shall be considered in the
95-22 order prescribed in Section 7 of this rule on separate senate
95-23 calendars prepared by the Committee on Calendars. In case a senate
95-24 bill or senate resolution is pending at adjournment on calendar
95-25 Thursday, it shall go over to the succeeding calendar Wednesday as
95-26 unfinished business.
95-27 (b) Precedence given in Rule 8 to certain classes of bills
96-1 during the first 60 calendar days of a regular session shall also
96-2 apply to senate bills on senate bill days.
96-3 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
96-4 any house bill is reached on the calendar or is before the house
96-5 for consideration, it shall be the duty of the speaker to give the
96-6 place on the calendar of the house bill to any senate bill
96-7 containing the same subject that has been referred to and reported
96-8 from a committee of the house and to lay the senate bill before the
96-9 house, to be considered in lieu of the house bill.
96-10 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
96-11 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
96-12 the chair of the Committee on Rules and Resolutions shall move to
96-13 designate periods for the consideration of congratulatory and
96-14 memorial calendars. Each such motion shall require a two-thirds
96-15 vote for its adoption. In each instance, the Committee on Rules
96-16 and Resolutions shall prepare and distribute to each member a
96-17 printed calendar at least 24 hours in advance of the hour set for
96-18 consideration. No memorial or congratulatory resolution will be
96-19 heard by the full house without having first been approved, at
96-20 least 24 hours in advance, [through the committee process] by a
96-21 majority of the membership of the Committee on Rules and
96-22 Resolutions, in accordance with Rule 4, Section 16. It shall not
96-23 be necessary for the Committee on Rules and Resolutions to report a
96-24 memorial or congratulatory resolution from committee in order to
96-25 place the resolution on a congratulatory and memorial calendar. If
96-26 the Committee on Rules and Resolutions determines that a resolution
96-27 is not eligible for placement on the congratulatory and memorial
97-1 calendar the measure shall be sent to the Committee on Calendars
97-2 for further action. A congratulatory and memorial calendar will
97-3 contain the resolution number, the author's name, and a brief
97-4 description of the intent of the resolution. On the congratulatory
97-5 and memorial calendar, congratulatory resolutions may be listed
97-6 separately from memorial resolutions. Once a printed calendar is
97-7 distributed, no additional resolutions will be added to it, and the
97-8 requirements of this section shall not be subject to suspension.
97-9 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
97-10 MEMORIAL CALENDARS. During the consideration of a congratulatory
97-11 and memorial calendar, resolutions shall not be read in full unless
97-12 they pertain to members or former members of the legislature, or
97-13 unless the intended recipient of the resolution is present on the
97-14 house floor or in the gallery. All other such resolutions shall be
97-15 read only by number, type of resolution, and name of the person or
97-16 persons designated in the resolutions. Members shall notify the
97-17 chair, in advance of consideration of the calendar, of any
97-18 resolutions that will be required to be read in full. In addition,
97-19 the following procedures shall be observed:
97-20 (1) The chair shall recognize the reading clerk to
97-21 read the resolutions within each category on the calendar only by
97-22 number, type of resolution, author or sponsor, and name of the
97-23 person or persons designated in the resolutions, except for those
97-24 resolutions that have been withdrawn or that are required to be
97-25 read in full. The resolutions read by the clerk shall then be
97-26 adopted in one motion for each category.
97-27 (2) Subsequent to the adoption of the resolutions read
98-1 by the clerk, the chair shall proceed to lay before the house the
98-2 resolutions on the calendar that are required to be read in full.
98-3 Each such resolution shall be read and adopted individually.
98-4 (3) If it develops that any resolution on the
98-5 congratulatory and memorial calendar does not belong on that
98-6 calendar, the chair shall withdraw the resolution from further
98-7 consideration, remove it from the calendar, and refer it to the
98-8 appropriate calendars committee for placement on the proper
98-9 calendar.
98-10 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
98-11 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
98-12 the chair of the Committee on Local and Consent Calendars shall
98-13 move to designate periods for the consideration of local, consent,
98-14 and resolutions calendars. Each such motion shall require a
98-15 two-thirds vote for its adoption. In each instance, the Committee
98-16 on Local and Consent Calendars shall prepare and distribute to each
98-17 member a printed calendar at least 48 hours in advance of the hour
98-18 set for consideration. Once a printed calendar is distributed, no
98-19 additional bills or resolutions will be added to it. This
98-20 requirement can be suspended only by unanimous consent. No local,
98-21 consent, and resolutions calendar may be considered by the house if
98-22 it is determined that the rules of the house were not complied with
98-23 by the Committee on Local and Consent Calendars in preparing that
98-24 calendar.
98-25 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
98-26 RESOLUTIONS CALENDARS. During the consideration of a local,
98-27 consent, and resolutions calendar set by the Committee on Local
99-1 and Consent Calendars the following procedures shall be observed:
99-2 (1) The chair shall allow the sponsor of each bill or
99-3 resolution three minutes to explain the measure, and the time shall
99-4 not be extended except by unanimous consent of the house. This
99-5 rule shall have precedence over all other rules limiting time for
99-6 debate.
99-7 (2) If it develops that any bill on the local
99-8 calendar of a local, consent, and resolutions calendar is not in
99-9 fact local, as defined by the rules, the chair shall withdraw the
99-10 bill from further consideration and remove it from the calendar.
99-11 (3) If it develops that any bill or resolution on a
99-12 local, consent, and resolutions calendar is to be contested on the
99-13 floor of the house, the chair shall withdraw the bill or resolution
99-14 from further consideration and remove it from the calendar.
99-15 (4) Any bill or resolution on a local, consent, and
99-16 resolutions calendar shall be considered contested if notice is
99-17 given by five or more members that they intend to oppose the bill
99-18 or resolution, either by a raising of hands or the delivery of
99-19 written notice to the chair.
99-20 (5) Any bill or resolution on a local, consent, and
99-21 resolutions calendar shall be considered contested if debate
99-22 exceeds 10 minutes. The chair shall strictly enforce this time
99-23 limit and automatically withdraw the bill from further
99-24 consideration if the time limit herein imposed is exceeded.
99-25 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
99-26 local calendars, consent calendars, resolutions calendars, and
99-27 congratulatory and memorial calendars, consideration of calendars
100-1 shall be in the order named in Section 7 of this rule, subject to
100-2 any exceptions ordered by the Committee on Calendars. With respect
100-3 to a particular calendar, bills and resolutions on third reading
100-4 shall have precedence over bills and resolutions on second reading.
100-5 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
100-6 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
100-7 printed daily when the house is in session. A printed copy of each
100-8 calendar shall be placed in the newspaper mailbox of each member at
100-9 least 36 hours if convened in regular session and 24 hours if
100-10 convened in special session before the calendar may be considered
100-11 by the house. Deviations from the calendars as printed and
100-12 distributed shall not be permitted except that the Committee on
100-13 Calendars shall be authorized to print and distribute, not later
100-14 than two hours before the house convenes, a supplemental daily
100-15 house calendar, on which shall appear:
100-16 (1) bills or resolutions which were passed to third
100-17 reading on the previous legislative day;
100-18 (2) bills or resolutions which appeared on the Daily
100-19 House Calendar for a previous calendar day which were not reached
100-20 for floor consideration;
100-21 (3) postponed business from a previous calendar day;
100-22 and
100-23 (4) notice to take from the table a bill or resolution
100-24 which was laid on the table subject to call on a previous
100-25 legislative day.
100-26 In addition to the items listed above, the bills and
100-27 resolutions from a daily house calendar that will be eligible for
101-1 consideration may be incorporated, in their proper order as
101-2 determined by these rules, into the supplemental daily house
101-3 calendar.
101-4 (b) In addition, when the volume of legislation shall
101-5 warrant, and upon request of the speaker, the chief clerk shall
101-6 have printed and distributed to the members, a list of Items
101-7 Eligible for Consideration, on which shall appear only:
101-8 (1) house bills with senate amendments that are
101-9 eligible for consideration under Rule 13, Section 5;
101-10 (2) senate bills for which the senate has requested
101-11 appointment of a conference committee; and
101-12 (3) conference committee reports that are eligible for
101-13 consideration under Rule 13, Section 10.
101-14 (c) A copy of the list of Items Eligible for Consideration
101-15 must be placed in the newspaper mailbox of each member at least six
101-16 hours before the list may be considered by the house.
101-17 (d) The time at which the copies of a calendar or list are
101-18 placed in the newspaper mailboxes of the members shall be
101-19 time-stamped on the originals of the calendar or list.
101-20 (e) No house calendar shall be eligible for consideration if
101-21 it is determined that the rules of the house were not complied with
101-22 by the Committee on Calendars in preparing that calendar.
101-23 (f) If the Committee on Calendars has proposed a rule for
101-24 floor consideration of a bill or resolution that is eligible to be
101-25 placed on a calendar of the daily house calendar, the rule must be
101-26 printed and a copy distributed to each member. If the bill or
101-27 resolution to which the rule will apply has already been placed on
102-1 a calendar of the daily house calendar, a copy of the rule must be
102-2 attached to the printed calendar on which the bill or resolution
102-3 appears. The speaker shall lay a proposed rule before the house
102-4 prior to the consideration of the bill or resolution to which the
102-5 rule will apply. The rule may be laid before the house anytime
102-6 after a copy of the rule has been distributed to each member in
102-7 accordance with this subsection. The rule shall not be subject to
102-8 amendment, but to be effective, the rule must be approved by the
102-9 house by an affirmative vote of a majority of those members present
102-10 and voting. If approved by the house in accordance with this
102-11 subsection, the rule will be effective for the consideration of the
102-12 bill or resolution on both second and third readings.
102-13 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
102-14 is placed on its appropriate calendar under these rules, and has
102-15 appeared on a house calendar, as printed and distributed to all
102-16 members, the bill shall retain its relative position on the
102-17 calendar until reached for floor consideration, and the calendars
102-18 committee with jurisdiction over the bill or resolution shall have
102-19 no authority to place other bills on the calendar ahead of that
102-20 bill, but all additions to the calendar shall appear subsequent to
102-21 the bill.
102-22 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. No bill
102-23 or resolution shall be placed on a calendar until:
102-24 (1) it has been referred to and reported from its
102-25 appropriate standing committee by favorable committee action; or
102-26 (2) it is ordered printed on minority report or after
102-27 a committee has reported its inability to recommend a course of
103-1 action.
103-2 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
103-3 resolutions, on being reported from committee, shall be referred
103-4 immediately to the chief clerk for printing and then to the
103-5 appropriate calendars committee for placement on the appropriate
103-6 calendar.
103-7 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR.
103-8 Within 30 calendar days after a bill or resolution has been
103-9 referred to the appropriate calendars committee, the committee must
103-10 vote on whether to place the bill or resolution on one of the
103-11 calendars of the daily house calendar or the local, consent, and
103-12 resolutions calendar, as applicable. A vote against placement of
103-13 the bill or resolution on a calendar does not preclude a calendars
103-14 committee from later voting in favor of placement of the bill or
103-15 resolution on a calendar.
103-16 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill
103-17 or resolution has been in the appropriate calendars committee for
103-18 30 calendar days, exclusive of the calendar day on which it was
103-19 referred, awaiting placement on one of the calendars of the daily
103-20 house calendar or local, consent, and resolutions calendar, it
103-21 shall be in order for a member to move that the bill or resolution
103-22 be placed on a specific calendar of the daily house calendar or
103-23 local, consent, and resolutions calendar without action by the
103-24 committee. This motion must be seconded by five members and shall
103-25 require a majority vote for adoption.
103-26 (b) A motion to place a bill or resolution on a specific
103-27 calendar of the daily house calendar or local, consent, and
104-1 resolutions calendar is not a privileged motion and must be made
104-2 during the routine motion period unless made under a suspension of
104-3 the rules.
104-4 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, OR
104-5 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
104-6 for placement on a local, consent, or resolutions calendar by the
104-7 Committee on Local and Consent Calendars unless a request for that
104-8 placement has been made to the chair of the standing committee
104-9 from which the bill or resolution was reported and unless the
104-10 committee report of the standing committee recommends that the bill
104-11 or resolution be sent to the Committee on Local and Consent
104-12 Calendars for placement on an appropriate calendar. The
104-13 recommendation of the standing committee shall be advisory only,
104-14 and the Committee on Local and Consent Calendars shall have final
104-15 authority to determine whether or not a bill or resolution shall be
104-16 placed on a local, consent, or resolutions calendar. If the
104-17 Committee on Local and Consent Calendars determines that the bill
104-18 or resolution is not eligible for placement on a local, consent,
104-19 or resolutions calendar, the measure shall be sent to the Committee
104-20 on Calendars for further action.
104-21 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON A LOCAL, CONSENT,
104-22 OR RESOLUTIONS CALENDAR. (a) No bill shall be placed on the
104-23 local calendar unless:
104-24 (1) it is a local bill as defined by Rule 8, Section
104-25 10(c);
104-26 (2) evidence of publication of notice in compliance
104-27 with the Texas Constitution and these rules is filed with the
105-1 Committee on Local and Consent Calendars; and
105-2 (3) it has been recommended unanimously by the present
105-3 and voting members of the committee from which it was reported that
105-4 the bill be sent to the Committee on Local and Consent Calendars
105-5 for placement on an appropriate calendar.
105-6 (b) No bill which limits its application by means of
105-7 population brackets shall be placed on the local calendar.
105-8 (c) No bill shall be placed on a consent calendar unless it
105-9 has been recommended unanimously by the present and voting members
105-10 of the committee from which it was reported that the bill be sent
105-11 to the Committee on Local and Consent Calendars for placement on
105-12 an appropriate calendar.
105-13 (d) No resolution shall be placed on a resolutions calendar
105-14 by the Committee on Local and Consent Calendars unless it has been
105-15 recommended unanimously by the present and voting members of the
105-16 committee from which it was reported that the resolution be sent to
105-17 the Committee on Local and Consent Calendars for placement on an
105-18 appropriate calendar.
105-19 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
105-20 bill or resolution once removed from a local calendar, consent
105-21 calendar, or resolutions calendar shall be returned to the
105-22 Committee on Local and Consent Calendars for further action. The
105-23 Committee on Local and Consent Calendars, if it feels such action
105-24 is warranted, may again place the bill or resolution on a local
105-25 calendar, consent calendar, or resolutions calendar, provided,
105-26 however, that if the bill or resolution is not placed on a calendar
105-27 of the next local, consent, and resolutions calendar set by the
106-1 Committee on Local and Consent Calendars, the bill or resolution
106-2 shall immediately be referred to the Committee on Calendars for
106-3 further action. If the bill or resolution is then removed from the
106-4 calendar a second time by being contested on the floor of the
106-5 house, the bill or resolution shall not again be placed on a local
106-6 calendar, consent calendar, or resolutions calendar by the
106-7 Committee on Local and Consent Calendars during that session of the
106-8 legislature but shall be returned to the Committee on Calendars for
106-9 further action.
106-10 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
106-11 the limitations contained in this rule, the Committee on Calendars
106-12 shall have full authority to make placements on calendars in
106-13 whatever order is necessary and desirable under the circumstances
106-14 then existing, except that bills on third reading on a particular
106-15 calendar shall have precedence over bills on second reading on the
106-16 same calendar. It is the intent of the calendar system to give the
106-17 Committee on Calendars wide discretion to insure adequate
106-18 consideration by the house of important legislation.
106-19 RULE 7. MOTIONS
106-20 CHAPTER A. GENERAL MOTIONS
106-21 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
106-22 motions, in addition to any elsewhere provided herein, shall be
106-23 decided without debate, except as otherwise provided in these
106-24 rules:
106-25 (1) to adjourn;
106-26 (2) to lay on the table;
106-27 (3) to lay on the table subject to call;
107-1 (4) to suspend the rule as to the time for
107-2 introduction of bills;
107-3 (5) to order a call of the house, and all motions
107-4 incidental thereto;
107-5 (6) an appeal by a member called to order;
107-6 (7) on questions relating to priority of business;
107-7 (8) to amend the caption of a bill or resolution;
107-8 (9) to extend the time of a member speaking under the
107-9 previous question or to allow a member who has the right to speak
107-10 after the previous question is ordered to yield the time, or a part
107-11 of it, to another;
107-12 (10) to reconsider and table.
107-13 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
107-14 the mover and one opponent of the motion three minutes each during
107-15 which to debate the following motions without debating the merits
107-16 of the bill, resolution, or other matter, and the mover of the
107-17 motion may elect to either open the debate or close the debate, but
107-18 the mover's time may not be divided:
107-19 (1) to suspend the regular order of business and take
107-20 up some measure out of its regular order;
107-21 (2) to instruct a committee to report a certain bill
107-22 or resolution;
107-23 (3) to rerefer a bill or resolution from one committee
107-24 to another;
107-25 (4) to place a bill or resolution on a specific
107-26 calendar without action by the appropriate calendars committee;
107-27 (5) to take up a bill or resolution laid on the table
108-1 subject to call;
108-2 (6) to set a special order;
108-3 (7) to suspend the rules;
108-4 (8) to suspend the constitutional rule requiring bills
108-5 to be read on three several days;
108-6 (9) to pass a resolution suspending the joint rules;
108-7 (10) to order the previous question;
108-8 (11) to order the limiting of amendments to a bill or
108-9 resolution;
108-10 (12) to print documents, reports, or other material in
108-11 the journal;
108-12 (13) to take any other action required or permitted
108-13 during the routine motion period by Rule 6, Section 1;
108-14 (14) to divide the question.
108-15 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
108-16 under debate, the following motions, and none other, shall be in
108-17 order, and such motions shall have precedence in the following
108-18 order:
108-19 (1) to adjourn;
108-20 (2) to take recess;
108-21 (3) to lay on the table;
108-22 (4) to lay on the table subject to call;
108-23 (5) for the previous question;
108-24 (6) to postpone to a day certain;
108-25 (7) to commit, recommit, refer, or rerefer;
108-26 (8) to amend by striking out the enacting or resolving
108-27 clause, which, if carried, shall have the effect of defeating the
109-1 bill or resolution;
109-2 (9) to amend;
109-3 (10) to postpone indefinitely.
109-4 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
109-5 been made, the speaker shall state it, or if it is in writing,
109-6 order it read by the clerk; and it shall then be in possession of
109-7 the house.
109-8 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
109-9 the house and entertained by the speaker shall be reduced to
109-10 writing on the demand of any member, and shall be entered on the
109-11 journal with the name of the member making it.
109-12 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
109-13 by the mover at any time before a decision on the motion, even
109-14 though an amendment may have been offered and is pending. It
109-15 cannot be withdrawn, however, if the motion has been amended.
109-16 After the previous question has been ordered, a motion can be
109-17 withdrawn only by unanimous consent.
109-18 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
109-19 or recess shall always be in order, except:
109-20 (1) when the house is voting on another motion;
109-21 (2) when the previous question has been ordered and
109-22 before the final vote on the main question, unless a roll call
109-23 shows the absence of a quorum;
109-24 (3) when a member entitled to the floor has not
109-25 yielded for that purpose; or
109-26 (4) when no business has been transacted since a
109-27 motion to adjourn or recess has been defeated.
110-1 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
110-2 RECESS. When several motions to recess or adjourn are made at the
110-3 same period, the motion to adjourn carrying the shortest time shall
110-4 be put first, then the next shortest time, and in that order until
110-5 a motion to adjourn has been adopted or until all have been voted
110-6 on and lost; and then the same procedure shall be followed for
110-7 motions to recess.
110-8 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
110-9 RECESS. A motion to adjourn or recess may not be withdrawn when it
110-10 is one of a series upon which voting has commenced, nor may an
110-11 additional motion to adjourn or recess be made when voting has
110-12 commenced on a series of such motions.
110-13 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
110-14 vote by which a motion to adjourn or recess is carried or lost
110-15 shall not be subject to a motion to reconsider.
110-16 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
110-17 number of members than a quorum may adjourn from day to day, and
110-18 may compel the attendance of absent members.
110-19 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
110-20 carried, shall have the effect of killing the bill, resolution,
110-21 amendment, or other immediate proposition to which it was applied.
110-22 Such a motion shall not be debatable, but the mover of the
110-23 proposition to be tabled, or the member reporting it from
110-24 committee, shall be allowed to close the debate after the motion to
110-25 table is made and before it is put to a vote. When a motion to
110-26 table is made to a debatable main motion, the main motion mover
110-27 shall be allowed 20 minutes to close the debate, whereas the movers
111-1 of other debatable motions sought to be tabled shall be allowed
111-2 only 10 minutes to close. The vote by which a motion to table is
111-3 carried or lost cannot be reconsidered. After the previous
111-4 question has been ordered, a motion to table is not in order. The
111-5 provisions of this section do not apply to motions to "lay on the
111-6 table subject to call"; however, a motion to lay on the table
111-7 subject to call cannot be made after the previous question has been
111-8 ordered.
111-9 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
111-10 resolution, or other matter is pending before the house, it may be
111-11 laid on the table subject to call, and one legislative day's
111-12 notice, as printed on the Supplemental House Calendar, must be
111-13 given before the proposition can be taken from the table, unless it
111-14 is on the same legislative day, in which case it can be taken from
111-15 the table at any time except when there is another matter pending
111-16 before the house. A bill, resolution, or other matter can be taken
111-17 from the table only by a majority vote of the house. When a
111-18 special order is pending, a motion to take a proposition from the
111-19 table cannot be made unless the proposition is a privileged
111-20 matter.
111-21 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
111-22 certain may be amended and is debatable within narrow limits, but
111-23 the merits of the proposition sought to be postponed cannot be
111-24 debated. A motion to postpone indefinitely opens to debate the
111-25 entire proposition to which it applies.
111-26 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
111-27 to a day certain shall be laid before the house at the time on the
112-1 calendar day to which it was postponed, provided it is otherwise
112-2 eligible under the rules and no other business is then pending. If
112-3 business is pending, the postponed matter shall be deferred until
112-4 the pending business is disposed of without prejudice otherwise to
112-5 its right of priority. When a privileged matter is postponed to a
112-6 particular time, and that time arrives, the matter, still retaining
112-7 its privileged nature, shall be taken up even though another matter
112-8 is pending.
112-9 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
112-10 two or more bills, resolutions, or other propositions are postponed
112-11 to the same time, and are otherwise eligible for consideration at
112-12 that time, they shall be considered in the chronological order of
112-13 their setting.
112-14 Sec. 17. MOTION TO REFER. When motions are made to refer a
112-15 subject to a select or standing committee, the question on the
112-16 subject's referral to a standing committee shall be put first.
112-17 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
112-18 after being defeated at the routine motion period, may again be
112-19 made when the bill itself is under consideration; however, a motion
112-20 to recommit a bill shall not be in order at the routine motion
112-21 period if the bill is then before the house as either pending
112-22 business or unfinished business.
112-23 A motion to recommit a bill or resolution can be made and
112-24 voted on even though the author, sponsor, or principal proponent is
112-25 not present.
112-26 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
112-27 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
113-1 recommit is debatable within narrow limits, but the merits of the
113-2 proposition may not be brought into the debate. A motion to refer,
113-3 rerefer, commit, or recommit with instructions is fully
113-4 debatable.
113-5 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
113-6 Except as provided in Rule 4, Section 30, when a bill has been
113-7 recommitted once at any reading and has been reported adversely by
113-8 the committee to which it was referred, it shall be in order to
113-9 again recommit the bill only if a minority report has been filed in
113-10 the time required by the rules of the house. A two-thirds vote of
113-11 those present shall be required to recommit a second time.
113-12 CHAPTER B. MOTION FOR THE PREVIOUS
113-13 QUESTION
113-14 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
113-15 motion for the previous question, which shall be admitted only when
113-16 seconded by 25 members. It shall be put by the chair in this
113-17 manner: "The motion has been seconded. Three minutes pro and con
113-18 debate will be allowed on the motion for ordering the previous
113-19 question." As soon as the debate has ended, the chair shall
113-20 continue: "As many as are in favor of ordering the previous
113-21 question on (here state on which question or questions) will say
113-22 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
113-23 other propositions, a motion for the previous question may be taken
113-24 by a record vote if demanded by three members. If ordered by a
113-25 majority of the members voting, a quorum being present, it shall
113-26 have the effect of cutting off all debate, except as provided in
113-27 Section 23 of this rule, and bringing the house to a direct vote on
114-1 the immediate question or questions on which it has been asked and
114-2 ordered.
114-3 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
114-4 motion for the previous question, there shall be no debate except
114-5 as provided in Sections 2 and 21 of this rule. All incidental
114-6 questions of order made pending decision on such motion shall be
114-7 decided, whether on appeal or otherwise, without debate.
114-8 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
114-9 ORDERED. After the previous question has been ordered, there shall
114-10 be no debate upon the questions on which it has been ordered, or
114-11 upon the incidental questions, except that the mover of the
114-12 proposition or any of the pending amendments or any other motions,
114-13 or the member making the report from the committee, or, in the case
114-14 of the absence of either of them, any other member designated by
114-15 such absentee, shall have the right to close the debate on the
114-16 particular proposition or amendment. Then a vote shall be taken
114-17 immediately on the amendments or other motions, if any, and then on
114-18 the main question.
114-19 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
114-20 ORDERED. All members having the right to speak after the previous
114-21 question has been ordered shall speak before the question is put on
114-22 the first proposition covered by the previous question. All votes
114-23 shall then be taken in the correct order, and no vote or votes
114-24 shall be deferred to allow any member to close on any one of the
114-25 propositions separately after the voting has commenced.
114-26 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
114-27 amendment has been substituted and the previous question is then
115-1 moved on the adoption of the amendment as substituted, the author
115-2 of the amendment as substituted shall have the right to close the
115-3 debate on that amendment in lieu of the author of the original
115-4 amendment.
115-5 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
115-6 the previous question is ordered on a motion to postpone
115-7 indefinitely or to amend by striking out the enacting clause of a
115-8 bill, the member moving to postpone or amend shall have the right
115-9 to close the debate on that motion or amendment, after which the
115-10 mover of the proposition or bill proposed to be so postponed or
115-11 amended, or the member reporting it from the committee, or, in the
115-12 absence of either of them, any other member designated by the
115-13 absentee, shall be allowed to close the debate on the original
115-14 proposition.
115-15 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
115-16 question may be asked and ordered on any debatable single motion or
115-17 series of motions, or any amendment or amendments pending, or it
115-18 may be made to embrace all authorized debatable motions or
115-19 amendments pending and include the bill, resolution, or proposition
115-20 that is on second or third reading. The previous question cannot
115-21 be ordered, however, on the main proposition without including
115-22 other pending motions of lower rank as given in Section 3 of this
115-23 rule.
115-24 Sec. 28. LIMIT OF APPLICATION. The previous question shall
115-25 not extend beyond the final vote on a motion or sequence of motions
115-26 to which the previous question has been ordered.
115-27 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
116-1 Amendments on the speaker's desk for consideration which have not
116-2 actually been laid before the house and read cannot be included
116-3 under a motion for the previous question.
116-4 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
116-5 TABLE. If a motion to table is made directly to a main motion, the
116-6 motion for the previous question is not in order. In a case where
116-7 an amendment to a main motion is pending, and a motion to table the
116-8 amendment is made, it is in order to move the previous question on
116-9 the main motion, the pending amendment, and the motion to table the
116-10 amendment.
116-11 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
116-12 There is no acceptable substitute for a motion for the previous
116-13 question, nor can other motions be applied to it.
116-14 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
116-15 TABLING. The motion for the previous question is not subject to a
116-16 motion to table.
116-17 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
116-18 QUESTION ACCEPTED. The motion to adjourn is not in order after a
116-19 motion for the previous question is accepted by the chair, or after
116-20 the seconding of such motion and before a vote is taken.
116-21 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
116-22 After the previous question has been ordered, no motion shall be in
116-23 order until the question or questions on which it was ordered have
116-24 been voted on, without debate, except:
116-25 (1) a motion for a call of the house, and motions
116-26 incidental thereto;
116-27 (2) a motion to extend the time of a member closing on
117-1 a proposition;
117-2 (3) a motion to permit a member who has the right to
117-3 speak to yield the time or a part thereof to another member;
117-4 (4) a request for and a verification of a vote;
117-5 (5) a motion to reconsider the vote by which the
117-6 previous question was ordered. A motion to reconsider may be made
117-7 only once and that must be before any vote under the previous
117-8 question has been taken;
117-9 (6) a motion to table a motion to reconsider the vote
117-10 by which the previous question has been ordered;
117-11 (7) a double motion to reconsider and table the vote
117-12 by which the previous question was ordered.
117-13 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
117-14 ORDERED. No motion for an adjournment or a recess shall be in
117-15 order after the previous question is ordered until the final vote
117-16 under the previous question has been taken, unless the roll call
117-17 shows the absence of a quorum.
117-18 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
117-19 adjourns without a quorum under the previous question, the previous
117-20 question shall remain in force and effect when the bill,
117-21 resolution, or other proposition is again laid before the house.
117-22 CHAPTER C. RECONSIDERATION
117-23 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
117-24 question has been decided by the house, any member voting with the
117-25 prevailing side may, on the same legislative day, or on the next
117-26 legislative day, move a reconsideration; however, if a
117-27 reconsideration is moved on the next legislative day, it must be
118-1 done before the order of the day, as designated in the ninth item
118-2 of Rule 6, Section 1(a), is taken up. If the house refuses to
118-3 reconsider, or on reconsideration, affirms its decision, no further
118-4 action to reconsider shall be in order.
118-5 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
118-6 yeas and nays have not been called for and recorded, any member,
118-7 regardless of whether he or she voted on the prevailing side or
118-8 not, may make the motion to reconsider; however, even when the yeas
118-9 and nays have not been recorded, the following shall not be
118-10 eligible to make a motion to reconsider:
118-11 (1) a member who was absent;
118-12 (2) a member who was paired and, therefore, did not
118-13 vote; and
118-14 (3) a member who was recorded in the journal as having
118-15 voted on the losing side.
118-16 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
118-17 reconsider shall be debatable only when the question to be
118-18 reconsidered is debatable. Even though the previous question was
118-19 in force before the vote on a debatable question was taken, debate
118-20 is permissible on the reconsideration of such debatable question.
118-21 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
118-22 shall be decided by a majority vote, even though the vote on the
118-23 original question requires a two-thirds vote for affirmative
118-24 action. If the motion to reconsider prevails, the question then
118-25 immediately recurs on the question reconsidered.
118-26 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
118-27 reconsider cannot be withdrawn unless permission is given by a
119-1 majority vote of the house, and the motion may be called up by any
119-2 member.
119-3 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
119-4 reconsider shall be subject to a motion to table, which, if
119-5 carried, shall be a final disposition of the motion to
119-6 reconsider.
119-7 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
119-8 motion to reconsider and table shall be in order. It shall be
119-9 undebatable. When carried, the motion to reconsider shall be
119-10 tabled. When it fails, the question shall then be on the motion to
119-11 reconsider, and the motion to reconsider shall, without further
119-12 action, be spread on the journal, but it may be called up by any
119-13 member, in accordance with the provisions of Section 44 of this
119-14 rule.
119-15 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
119-16 If a motion to reconsider is not disposed of when made, it shall be
119-17 entered in the journal, and cannot, after that legislative day, be
119-18 called up and disposed of unless one legislative day's notice has
119-19 been given.
119-20 (b) Unless called up and disposed of prior to 72 hours
119-21 before final adjournment of the session, all motions to reconsider
119-22 shall be regarded as determined and lost.
119-23 (c) All motions to reconsider made during the last 72 hours
119-24 of the session shall be disposed of when made; otherwise, the
119-25 motion shall be considered as lost.
119-26 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
119-27 member voting on the prevailing side may make a motion to
120-1 reconsider and spread on the journal, which does not require a
120-2 vote, and on the motion being made, it shall be entered on the
120-3 journal. Any member, regardless of whether he or she voted on the
120-4 prevailing side or not, who desires immediate action on a motion to
120-5 reconsider which has been spread on the journal, can call it up as
120-6 soon as it is made, and demand a vote on it, or can call it up and
120-7 move to table it.
120-8 (b) If the motion to table the motion to reconsider is
120-9 defeated, the motion to reconsider remains spread on the journal
120-10 for future action; however, any member, regardless of whether he or
120-11 she voted on the prevailing side or not, can call the motion from
120-12 the journal for action by the house, and, once disposed of, no
120-13 other motion to reconsider can be made.
120-14 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
120-15 the first 76 calendar days of a regular session, when any bill,
120-16 resolution, or other paper has been in committee for 6 calendar
120-17 days, exclusive of the calendar day on which it was referred, it
120-18 shall be in order for a member to move that the committee be
120-19 required to report the same within 7 calendar days. This motion
120-20 shall require a two-thirds vote for passage.
120-21 (b) After the first 76 calendar days of a regular session,
120-22 when any bill, resolution, or other paper has been in committee for
120-23 6 calendar days, exclusive of the calendar day on which it was
120-24 referred, it shall be in order for a member to move that the
120-25 committee be required to report the same within 7 calendar days.
120-26 This motion shall require a majority vote for passage.
120-27 (c) A motion to instruct a committee to report is not a
121-1 privileged motion and must be made during the routine motion period
121-2 unless made under a suspension of the rules.
121-3 (d) The house shall have no authority to instruct a
121-4 subcommittee directly; however, instructions recognized under the
121-5 rules may be given to a committee and shall be binding on all
121-6 subcommittees.
121-7 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE.
121-8 (a) During the first 76 calendar days of a regular session, when
121-9 any bill, resolution, or other paper has been in committee for 7
121-10 calendar days after the committee was instructed by the house to
121-11 report that measure by a motion made under Section 46 of this rule,
121-12 it shall be in order for a member to move to rerefer the bill,
121-13 resolution, or other paper to a different committee. This motion
121-14 shall require a two-thirds vote for passage.
121-15 (b) After the first 76 calendar days of a regular session,
121-16 when any bill, resolution, or other paper has been in committee for
121-17 7 calendar days after the committee has been instructed to report
121-18 that measure by a motion made under Section 46 of this rule, it
121-19 shall be in order for a member to move to rerefer the bill,
121-20 resolution, or other paper to a different committee. This motion
121-21 shall require a majority vote for passage.
121-22 (c) A motion to rerefer a bill, resolution, or other paper
121-23 from one committee to another committee is not a privileged motion
121-24 and must be made during the routine motion period unless made under
121-25 a suspension of the rules.
121-26 RULE 8. BILLS
121-27 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
122-1 must be incorporated in bills, which shall consist of:
122-2 (1) a title or caption, beginning with the words "A
122-3 Bill to be Entitled An Act" and a brief statement that gives the
122-4 legislature and the public reasonable notice of the subject of the
122-5 proposed measure;
122-6 (2) an enacting clause, "Be It Enacted by the
122-7 Legislature of the State of Texas"; and
122-8 (3) the bill proper.
122-9 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
122-10 revived or amended by reference to its title. The act revived, or
122-11 the section or sections amended, shall be reenacted and published
122-12 at length. This rule does not apply to revisions adopted under
122-13 Article III, Section 43, of the Texas Constitution.
122-14 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
122-15 (except a general appropriations bill, which may embrace the
122-16 various subjects and accounts for which money is appropriated or a
122-17 revision adopted under Article III, Section 43, of the Texas
122-18 Constitution) shall contain only one subject.
122-19 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
122-20 A general law may not be changed by the provisions in an
122-21 appropriations bill.
122-22 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
122-23 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
122-24 resolution may have only one primary author. The signature of the
122-25 primary author shall be the only signature that appears on the
122-26 original measure and all copies filed with the chief clerk. The
122-27 signatures of all coauthors or joint authors shall appear on the
123-1 appropriate forms in the chief clerk's office.
123-2 (b) Any member may become the coauthor of a bill or
123-3 resolution by securing permission from the author. If permission
123-4 is secured from the author prior to the time the measure is filed
123-5 with the chief clerk, the primary author and the coauthor shall
123-6 sign the appropriate form, which shall be included with the measure
123-7 when it is filed with the chief clerk. If a member wishes to
123-8 become the coauthor of a measure after it has been filed, no
123-9 action shall be required by the house, but it shall be the duty of
123-10 the member seeking to be a coauthor to obtain written authorization
123-11 on the appropriate form from the author. This authorization shall
123-12 be filed with the chief clerk before the coauthor signs the form
123-13 for the bill or resolution. The chief clerk shall report daily to
123-14 the journal clerk the names of members filed as coauthors of bills
123-15 or resolutions. If a coauthor of a bill or resolution desires to
123-16 withdraw from such status, the member shall notify the chief clerk,
123-17 who in turn shall notify the journal clerk.
123-18 (c) The primary author of a measure may designate up to four
123-19 joint authors by providing written authorization on the appropriate
123-20 form to the chief clerk. If a member designated as a joint author
123-21 has not already signed on the measure as a coauthor, that member
123-22 must also sign the form before the records will reflect the joint
123-23 author status of that member. The names of all joint authors shall
123-24 be shown immediately following the primary author's name on all
123-25 official printings of the measure, on all house calendars, in the
123-26 house journal, and in the electronic legislative information
123-27 system.
124-1 (d) The determination of the house sponsor of a senate
124-2 measure is made at the time the measure is reported from committee.
124-3 In the case of multiple requests for house sponsorship, the house
124-4 sponsor of a senate measure shall be determined by the chair of the
124-5 committee, in consultation with the senate author of the measure.
124-6 The chair of the committee must designate a primary sponsor and may
124-7 designate up to four joint sponsors or an unlimited number of
124-8 cosponsors. The names of all joint sponsors shall be shown
124-9 immediately following the primary sponsor's name on all official
124-10 printings of the measure, on all house calendars, in the house
124-11 journal, and in the electronic legislative information system.
124-12 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
124-13 Each bill shall be filed with the chief clerk when introduced and
124-14 shall be numbered in its regular order. Each bill shall be read
124-15 first time by caption and referred by the speaker to the
124-16 appropriate committee with jurisdiction.
124-17 Sec. 7. PREFILING. Beginning the first Monday after the
124-18 general election preceding the next regular legislative session, or
124-19 within 30 days prior to any special session, it shall be in order
124-20 to file with the chief clerk bills and resolutions for introduction
124-21 in that session. On receipt of the bills or resolutions, the chief
124-22 clerk shall number them and make them a matter of public record,
124-23 available for distribution. Once a bill or resolution has been so
124-24 filed, it may not be recalled. This shall apply only to
124-25 members-elect of the succeeding legislative session.
124-26 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
124-27 resolutions introduced during the first 60 calendar days of the
125-1 regular session may be considered by the committees and in the
125-2 house and disposed of at any time during the session, in accordance
125-3 with the rules of the house. After the first 60 calendar days of a
125-4 regular session, any bill or joint resolution, except local bills,
125-5 emergency appropriations, and all emergency matters submitted by
125-6 the governor in special messages to the legislature, shall require
125-7 an affirmative vote of four-fifths of those members present and
125-8 voting to be introduced.
125-9 Sec. 9. NUMBER OF COPIES FILED. (a) Twelve [Eleven] copies
125-10 of every bill, except bills relating to conservation and
125-11 reclamation districts and governed by the provisions of Article
125-12 XVI, Section 59, of the Texas Constitution, must be filed with the
125-13 chief clerk at the time that the bill is introduced.
125-14 (b) Fourteen [Thirteen] copies of every bill relating to
125-15 conservation and reclamation districts and governed by the
125-16 provisions of Article XVI, Section 59, of the Texas Constitution,
125-17 with copies of the notice to introduce the bill attached, must be
125-18 filed with the chief clerk at the time that the bill is introduced
125-19 if the bill is intended to:
125-20 (1) create a particular conservation and reclamation
125-21 district; or
125-22 (2) amend the act of a particular conservation and
125-23 reclamation district to:
125-24 (A) add additional land to the district;
125-25 (B) alter the taxing authority of the district;
125-26 (C) alter the authority of the district with
125-27 respect to issuing bonds; or
126-1 (D) alter the qualifications or terms of office
126-2 of the members of the governing body of the district.
126-3 (c) No bill may be laid before the house on first reading
126-4 until it is in compliance with the provisions of this section.
126-5 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
126-6 committee of the house may consider a local bill unless notice of
126-7 intention to apply for the passage of the bill was published as
126-8 provided by law and evidence of the publication was attached to the
126-9 bill on filing with the chief clerk.
126-10 (b) Neither the house nor a committee of the house may
126-11 consider a bill whose application is limited to one or more
126-12 political subdivisions by means of population brackets or other
126-13 artificial devices in lieu of identifying the political subdivision
126-14 or subdivisions by name. However, this subsection does not prevent
126-15 consideration of a bill that classifies political subdivisions
126-16 according to a minimum or maximum population or other criterion
126-17 that bears a reasonable relation to the purpose of the proposed
126-18 legislation or a bill that updates laws based on population
126-19 classifications to conform to a federal decennial census.
126-20 (c) Except as provided by Subsection (d) of this section,
126-21 "local bill" for purposes of this section means:
126-22 (1) a bill for which publication of notice is required
126-23 under Article XVI, Section 59, of the Texas Constitution (water
126-24 districts, etc.);
126-25 (2) a bill for which publication of notice is required
126-26 under Article IX, Section 9, of the Texas Constitution (hospital
126-27 districts);
127-1 (3) a bill relating to hunting, fishing, or
127-2 conservation of wildlife resources of a specified locality;
127-3 (4) a bill creating or affecting a county court or
127-4 statutory court or courts of one or more specified counties or
127-5 municipalities;
127-6 (5) a bill creating or affecting the juvenile board or
127-7 boards of a specified county or counties; or
127-8 (6) a bill creating or affecting a road utility
127-9 district under the authority of Article III, Section 52, of the
127-10 Texas Constitution.
127-11 (d) A bill is not considered to be a local bill under
127-12 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
127-13 localities, counties, or municipalities so as to be of general
127-14 application or of statewide importance.
127-15 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
127-16 considered unless it first has been referred to a committee and
127-17 reported from it.
127-18 (b) After a bill has been recommitted, it shall be
127-19 considered by the committee as a new subject.
127-20 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
127-21 before the house shall be taken up and acted on in the order in
127-22 which they appear on their respective calendars, and each calendar
127-23 shall have the priority accorded to it by the provisions of Rule 6,
127-24 Sections 7 and 8.
127-25 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
127-26 that is local as defined by Section 10(c) of this rule and that
127-27 appears on a local, consent, and resolutions calendar shall be
128-1 considered for any purpose after the 130th day of a regular
128-2 session, except to:
128-3 (1) act on senate amendments;
128-4 (2) adopt a conference committee report;
128-5 (3) reconsider the bill to make corrections; or
128-6 (4) pass the bill notwithstanding the objections of
128-7 the governor.
128-8 (b) No other house bill or joint resolution shall be
128-9 considered on its second reading after the 122nd day of a regular
128-10 session if it appears on a daily or supplemental daily house
128-11 calendar, or for any purpose after the 123rd day of a regular
128-12 session, except to:
128-13 (1) act on senate amendments;
128-14 (2) adopt a conference committee report;
128-15 (3) reconsider the bill or resolution to make
128-16 corrections; or
128-17 (4) pass the bill notwithstanding the objections of
128-18 the governor.
128-19 (c) No senate bill or joint resolution shall be considered
128-20 on its second reading after the 134th day of a regular session if
128-21 it appears on a daily or supplemental daily house calendar, or for
128-22 any purpose after the 135th day of a regular session, except to:
128-23 (1) adopt a conference committee report;
128-24 (2) reconsider the bill or resolution to remove house
128-25 amendments;
128-26 (3) reconsider the bill or resolution to make
128-27 corrections; or
129-1 (4) pass the bill notwithstanding the objections of
129-2 the governor.
129-3 (d) The speaker shall not lay any bill or joint resolution
129-4 before the house or permit a vote to be taken on its passage on the
129-5 136th and 137th days of a regular session, except to:
129-6 (1) act on senate amendments;
129-7 (2) adopt a conference committee report;
129-8 (3) reconsider the bill or resolution to remove house
129-9 amendments;
129-10 (4) reconsider the bill or resolution to make
129-11 corrections; or
129-12 (5) pass the bill notwithstanding the objections of
129-13 the governor.
129-14 (e) The speaker shall not lay any bill or joint resolution
129-15 before the house or permit a vote to be taken on its passage on the
129-16 138th and 139th days of a regular session, except to:
129-17 (1) adopt a conference committee report;
129-18 (2) reconsider the bill or resolution to remove house
129-19 amendments;
129-20 (3) discharge house conferees and concur in senate
129-21 amendments;
129-22 (4) reconsider the bill or resolution to make
129-23 corrections; or
129-24 (5) [(4)] pass the bill notwithstanding the objections
129-25 of the governor.
129-26 (f) No vote shall be taken upon the passage of any bill or
129-27 resolution within 24 hours of the final adjournment of a regular
130-1 session unless it be to reconsider the bill or resolution to make
130-2 corrections, or to adopt a corrective resolution.
130-3 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
130-4 (a) A printed copy of each bill or resolution, except the general
130-5 appropriations bill, shall be placed in the newspaper mailbox of
130-6 each member at least 36 hours if convened in regular session and 24
130-7 hours if convened in special session before the bill can be
130-8 considered by the house on second reading. A printed copy of the
130-9 general appropriations bill shall be placed in the newspaper
130-10 mailbox of each member at least 168 hours during a regular session
130-11 and at least 72 hours during a special session before the bill can
130-12 be considered by the house on second reading.
130-13 (b) By majority vote, the house may order both the original
130-14 bill or resolution and the complete committee substitute to be
130-15 printed. It shall not be necessary for the house to order complete
130-16 committee substitutes printed in lieu of original bills.
130-17 (c) A two-thirds vote of the house is necessary to order
130-18 that bills, other than local bills, be not printed. It shall not
130-19 be necessary for the house to order that local bills be not
130-20 printed.
130-21 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
130-22 have the force of law until it has been read on three several
130-23 legislative days in each house and free discussion allowed, unless,
130-24 in case of imperative public necessity (which necessity shall be
130-25 stated in the preamble or in the body of the bill), this provision
130-26 is suspended by a vote of four-fifths of the members present and
130-27 voting, a quorum being present. The yeas and nays shall be taken
131-1 on the question of suspension and entered in the journal.
131-2 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
131-3 consideration of any bill or resolution, the house may, by a
131-4 majority vote, order the bill or resolution to be considered
131-5 section by section, or department by department, until each section
131-6 or department has been given separate consideration. If such a
131-7 procedure is ordered, only amendments to the section or department
131-8 under consideration at that time shall be in order. However, after
131-9 each section or department has been considered separately, the
131-10 entire bill or resolution shall be open for amendment, subject to
131-11 the provisions of Rule 11, Section 8(b). Once the consideration of
131-12 a bill section by section or department by department has been
131-13 ordered, it shall not be in order to move the previous question on
131-14 the entire bill, to recommit it, to lay it on the table, or to
131-15 postpone it, until each section or department has been given
131-16 separate consideration or until the vote by which section by
131-17 section consideration was ordered is reconsidered.
131-18 (b) A motion to consider a bill section by section is
131-19 debatable within narrow limits; that is, the pros and cons of the
131-20 proposed consideration can be debated but not the merits of the
131-21 bill.
131-22 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
131-23 bill or complete committee substitute for a bill has been taken up
131-24 and read, amendments shall be in order. If no amendment is made,
131-25 or if those proposed are disposed of, then the final question on
131-26 its second reading shall be, in the case of a house bill, whether
131-27 it shall be passed to engrossment, or, in the case of a senate
132-1 bill, whether it shall pass to its third reading. All bills
132-2 ordered passed to engrossment or passed to a third reading shall
132-3 remain on the calendar on which placed, but with future priority
132-4 over bills on the same calendar that have not passed second
132-5 reading.
132-6 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
132-7 shall certify the final passage of each bill, noting on the bill
132-8 the date of its passage, and the vote by which it passed, if by a
132-9 yea and nay vote.
132-10 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
132-11 resolution to recall a bill from the senate shall be in order if a
132-12 motion to reconsider the vote by which the bill finally passed has
132-13 been made and adopted within the time prescribed by the rules.
132-14 Sec. 20. EFFECTIVE DATE. Every law passed by the
132-15 legislature, except the General Appropriations Act, shall take
132-16 effect or go into force 90 days after the adjournment of the
132-17 session at which it was enacted. In case of an emergency, which
132-18 must be expressed in a preamble or in the body of the act, the
132-19 legislature may, by a vote of two-thirds of all the members elected
132-20 to each house, provide otherwise. The vote shall be taken by yeas
132-21 and nays and entered in the journals.
132-22 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
132-23 After a bill or resolution has been considered and defeated by
132-24 either house of the legislature, no bill or resolution containing
132-25 the same substance shall be passed into law during the same
132-26 session.
132-27 Sec. 22. CONSIDERATION OF BILLS INVOLVING STATE FUNDS.
133-1 (a) In order to assure the continuation of financial support of
133-2 existing state services through the passage of the general
133-3 appropriations bill, it shall not be in order during the first 120
133-4 days of the regular session for the speaker to lay before the
133-5 house, prior to the consideration, passage, and certification by
133-6 the comptroller of the general appropriations bill, any bill that
133-7 directly or indirectly prevents from being available for purposes
133-8 of funding state government generally any money that under existing
133-9 law would otherwise be available for that purpose, including a bill
133-10 that transfers or diverts money in the state treasury from the
133-11 general revenue fund to another fund.
133-12 (b) In order to assure compliance with the limitation on
133-13 appropriations of state tax revenue not dedicated by the
133-14 constitution as provided by Article VIII, Section 22, of the Texas
133-15 Constitution, it is not in order for the speaker to lay before the
133-16 house, prior to the time that the general appropriations bill has
133-17 been finally passed and sent to the comptroller, any bill that
133-18 appropriates funds from the state treasury that are not dedicated
133-19 by the constitution.
133-20 (c) When bills subject to the provisions of Subsection (a)
133-21 of this section become eligible for consideration, they shall be
133-22 considered for passage under the rules of the house and the joint
133-23 rules as any other bill but shall not be signed by the speaker as
133-24 required by the Constitution of Texas and the rules of the house
133-25 until the general appropriations bill has been signed by the
133-26 presiding officers of both houses of the legislature and
133-27 transmitted to the comptroller of public accounts for certification
134-1 as required by Article III, Section 49a, of the Constitution of
134-2 Texas.
134-3 (d) All bills subject to the provisions of Subsection (a) of
134-4 this section that have finally passed both houses shall be enrolled
134-5 as required by the rules and transmitted to the speaker. The
134-6 speaker shall note on each bill the date and hour of final
134-7 legislative action and shall withhold his or her signature and any
134-8 further action on all such bills until the general appropriations
134-9 bill has been signed by the presiding officers of both houses and
134-10 transmitted to the comptroller of public accounts for
134-11 certification. Immediately thereafter, the speaker shall sign in
134-12 the presence of the house all bills on which further action was
134-13 being withheld because the bills were subject to the provisions of
134-14 this section. After being signed by the speaker, the bills shall
134-15 then be transmitted to the comptroller of public accounts for
134-16 certification or to the governor, as the case may be, in the order
134-17 in which final legislative action was taken. "Final legislative
134-18 action," as that term is used in this subsection, shall mean the
134-19 last act of either house meeting in general session necessary to
134-20 place the bill in its final form preparatory to enrollment.
134-21 (e) Subsections (a)-(d) of this section shall not apply to
134-22 any bills providing for:
134-23 (1) the payment of expenses of the legislature;
134-24 (2) the payment of judgments against the state;
134-25 (3) any emergency matter when requested by the
134-26 governor in a formal message to the legislature; or
134-27 (4) the reduction of taxes.
135-1 (f) Unless within the authority of a resolution or
135-2 resolutions adopted pursuant to Article VIII, Section 22(b), of the
135-3 Texas Constitution, it is not in order for the house to consider
135-4 for final passage on third reading, on motion to concur in senate
135-5 amendments, or on motion to adopt a conference committee report, a
135-6 bill appropriating funds from the state treasury in an amount that,
135-7 when added to amounts previously appropriated by bills finally
135-8 passed and sent or due to be sent to the comptroller, would exceed
135-9 the limit on appropriations established under Chapter 316,
135-10 Government Code.
135-11 (g) The general appropriations bill shall be reported to the
135-12 house by the Committee on Appropriations not later than the 90th
135-13 calendar day of the regular session. Should the Committee on
135-14 Appropriations fail to report by the deadline, Subsections (a)-(d)
135-15 of this section shall be suspended for the balance of that regular
135-16 session.
135-17 RULE 9. JOINT RESOLUTIONS
135-18 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
135-19 proposed amendment to the Texas Constitution shall take the form of
135-20 a joint resolution, which shall be subject to the rules that govern
135-21 the proceedings on bills, except as provided by this section.
135-22 (b) A joint resolution is not subject to the provisions of
135-23 Rule 8, Section 3, or Rule 11, Section 3.
135-24 (c) A joint resolution shall be adopted on any reading
135-25 after the first if it receives a two-thirds vote of the elected
135-26 membership of the house. If such a joint resolution receives only
135-27 a majority vote on second reading, it shall be passed to
136-1 engrossment, and subsequent proceedings shall be the same as those
136-2 governing the final passage of bills which have been passed to
136-3 engrossment. If such a joint resolution does not receive a
136-4 two-thirds vote of the elected membership of the house on third
136-5 reading and final passage, it shall fail of adoption.
136-6 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
136-7 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
136-8 proposed amendment to or application to Congress for a convention
136-9 to amend the Constitution of the United States shall take the form
136-10 of a joint resolution, which shall be subject to the rules that
136-11 govern the proceedings on bills, except that it shall be adopted on
136-12 second reading if it receives a majority vote of the members
136-13 present and voting, a quorum being present. If such a joint
136-14 resolution fails to receive a majority vote, it shall fail of
136-15 adoption and shall not be considered again unless revived by a
136-16 motion to reconsider as otherwise provided in the rules.
136-17 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR.
136-18 Joint resolutions on committee report shall be referred to the
136-19 Committee on Calendars for placement on an appropriate calendar.
136-20 The Committee on Calendars shall maintain a separate calendar for
136-21 house joint resolutions and a separate calendar for senate joint
136-22 resolutions. Senate joint resolutions shall be considered on
136-23 calendar Wednesdays and calendar Thursdays along with senate bills.
136-24 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT
136-25 RESOLUTIONS
136-26 Sec. 1. FILING. Resolutions shall be introduced by the
136-27 filing of 12 identical copies with the chief clerk, who shall
137-1 number and record house resolutions in one series and concurrent
137-2 resolutions in a separate series.
137-3 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
137-4 recording, all resolutions shall be sent to the speaker for
137-5 referral to the proper committee.
137-6 (b) Resolutions proposing the expenditure of money out of
137-7 the contingent expense fund of the legislature shall be referred to
137-8 the Committee on House Administration.
137-9 (c) All other resolutions shall be referred to the
137-10 appropriate committee with jurisdiction.
137-11 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
137-12 on committee report, other than privileged resolutions, shall be
137-13 referred immediately to the appropriate calendars committee for
137-14 placement on the appropriate calendar.
137-15 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
137-16 resolutions shall be considered by the house only at the time
137-17 assigned for their consideration on the calendar, in accordance
137-18 with the provisions of Rule 6, Section 7.
137-19 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
137-20 take the same course as house resolutions, except that they shall
137-21 be sent to the governor for signing when finally passed by both
137-22 houses.
137-23 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
137-24 office of mascot shall be named in and elected by a single house
137-25 resolution.
137-26 (b) Only children of house members who are under the age of
137-27 12 years shall be eligible for election to the honorary office of
138-1 mascot. A child once named a mascot shall not be eligible for the
138-2 honor a second time.
138-3 (c) No separate classification or special title shall be
138-4 given to any mascot, but all shall receive the same title of
138-5 honorary mascot of the house of representatives.
138-6 (d) The speaker shall issue a certificate showing the
138-7 election of each mascot and deliver it to the parent member of the
138-8 child.
138-9 Pictures of mascots shall appear on the panel picture of the
138-10 house.
138-11 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED SESSIONS.
138-12 The subject matter of house resolutions and concurrent resolutions
138-13 does not have to be submitted by the governor in a called session
138-14 before they can be considered.
138-15 RULE 11. AMENDMENTS
138-16 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
138-17 resolution, motion, or proposition is under consideration, a motion
138-18 to amend and a motion to amend that amendment shall be in order.
138-19 It shall also be in order to offer a further amendment by way of a
138-20 substitute. Such a substitute may not be amended. If the
138-21 substitute is adopted, the question shall then be on the amendment
138-22 as substituted, and under this condition an amendment is not in
138-23 order.
138-24 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
138-25 AMENDMENTS. No motion or proposition on a subject different from
138-26 the subject under consideration shall be admitted as an amendment
138-27 or as a substitute for the motion or proposition under debate.
139-1 "Proposition" as used in this section shall include a bill,
139-2 resolution, joint resolution, or any other motion which is
139-3 amendable.
139-4 Amendments pertaining to the organization, powers,
139-5 regulation, and management of the agency, commission, or advisory
139-6 committee under consideration are germane to bills extending state
139-7 agencies, commissions, or advisory committees under the provisions
139-8 of the Texas Sunset Act (Chapter 325, Government Code).
139-9 An amendment to a committee substitute laid before the house
139-10 in lieu of an original bill is germane if each subject of the
139-11 amendment is a subject that is included in the committee substitute
139-12 or was included in the original bill.
139-13 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
139-14 bill shall be amended in its passage through either house so as to
139-15 change its original purpose.
139-16 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
139-17 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
139-18 resolution shall not be in order during its consideration on a
139-19 local, consent, or resolutions calendar set by the Committee on
139-20 Local and Consent Calendars, unless the amendments have first been
139-21 submitted to and approved by the Committee on Local and Consent
139-22 Calendars, which shall be noted thereon by the chair of the
139-23 Committee on Local and Consent Calendars prior to the offering of
139-24 the amendments.
139-25 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
139-26 taken up on its third reading, amendments shall be in order, but
139-27 shall require a two-thirds vote of the members present for their
140-1 adoption. A bill on third reading may be recommitted to a
140-2 committee and later reported to the house with amendments, in which
140-3 case the bill shall again take the course of a bill at its second
140-4 reading.
140-5 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
140-6 amendment shall be filed with the speaker. When the amendment is
140-7 read, two copies shall go to the chief clerk, one copy to the
140-8 journal clerk, one copy to the reading clerk, and one copy to the
140-9 speaker. No amendment offered from the floor shall be in order
140-10 unless the sponsoring member has complied with the provisions of
140-11 this section with respect to copies of the amendment.
140-12 (b) Prior to the time that an amendment is offered, if the
140-13 amendment exceeds one page in length, the sponsoring member must
140-14 provide to the chief clerk a minimum of 15 copies to be available
140-15 for distribution to those members requesting copies of the
140-16 amendment.
140-17 (c) If the amendment is only one page in length or less, the
140-18 sponsoring member must provide one additional copy of the amendment
140-19 to the chief clerk, who shall immediately proceed to have
140-20 additional copies made and available for those members requesting
140-21 copies of the amendment.
140-22 (d) The provisions of this section with respect to extra
140-23 copies shall not apply to committee amendments or to amendments
140-24 which do nothing more than delete material from the bill or
140-25 resolution.
140-26 (e) The speaker shall not recognize a member to offer an
140-27 original amendment that exceeds one page in length and that is in
141-1 the form of a complete substitute for the bill or resolution laid
141-2 before the house, or in the opinion of the speaker is a substantial
141-3 substitute, unless 25 copies of the amendment have been provided to
141-4 the chief clerk and were available in the chief clerk's office at
141-5 least 12 hours prior to the time the calendar on which the bill or
141-6 resolution to be amended is eligible for consideration. The chief
141-7 clerk shall not be required to retain, for possible consideration
141-8 in the future, copies of an amendment to a measure that is
141-9 recommitted or returned to committee.
141-10 (f) An amendment may be typed, hand-printed, or handwritten,
141-11 but must be legible in order to be offered.
141-12 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
141-13 motions to amend shall be offered in the following order:
141-14 (1) motions to amend by striking out the enacting
141-15 clause of a bill (or the resolving clause of a resolution), which
141-16 amendment cannot be amended or substituted;
141-17 (2) motions to amend an original bill, resolution,
141-18 motion, or proposition (other than substitute bills as provided for
141-19 in Subdivision (3) below), which shall have precedence as follows:
141-20 (A) original amendment;
141-21 (B) amendment to the amendment;
141-22 (C) substitute for the amendment to the
141-23 amendment.
141-24 Recognition for the offering of original amendments shall be
141-25 as follows: first, the main author; second, the member or members
141-26 offering the committee amendment; and third, members offering other
141-27 amendments from the floor;
142-1 (3) motions to amend an original bill by striking out
142-2 all after the enacting clause (substitute bills), which substitute
142-3 bills shall be subject to amendment as follows:
142-4 (A) amendment to the substitute bill;
142-5 (B) substitute for the amendment to the
142-6 substitute bill.
142-7 Recognition for offering such substitute bills shall be as
142-8 follows: first, the main author of the original bill, if the
142-9 member has not sought to perfect the bill by amendments as provided
142-10 for in Subdivision (2) above; second, the member or members
142-11 offering the committee amendment; and, third, members offering
142-12 amendments from the floor.
142-13 It shall be in order under the procedure described in this
142-14 subdivision to have as many as four complete measures pending
142-15 before the house at one time; that is, an original bill, an
142-16 amendment striking out all after the enacting clause of the bill
142-17 and inserting a new bill body, an amendment to the amendment
142-18 striking out all after the enacting clause of the bill and
142-19 inserting a new bill body, and a substitute for this amendment to
142-20 the amendment to the original bill which is also a new bill body.
142-21 These "substitute bills" shall be voted on in the reverse order of
142-22 their offering;
142-23 (4) motions to amend the caption of a bill or joint
142-24 resolution, which may also be offered in accordance with Section
142-25 9(a) of this rule.
142-26 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
142-27 out and to insert new matter in lieu of that to be stricken out
143-1 shall be regarded as a substitute and shall be indivisible.
143-2 (b) Matter inserted or stricken out of an original bill by
143-3 way of amendment may not be taken out or reinserted at a later time
143-4 on the same reading except under the following conditions:
143-5 (1) reconsideration of the inserting or deleting
143-6 amendment;
143-7 (2) adoption of a "substitute bill" amendment;
143-8 (3) adoption of an amendment for a whole paragraph,
143-9 section or subdivision of a bill which so materially changes the
143-10 original text that the portion inserted or deleted is in fact of
143-11 minor importance.
143-12 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
143-13 of a bill or resolution shall not be in order until all other
143-14 proposed amendments have been acted on and the house is ready to
143-15 vote on the passage of the measure, and it shall then be decided
143-16 without debate.
143-17 (b) If the previous question has been ordered on a bill or
143-18 joint resolution at any reading, an amendment to the caption of
143-19 that bill or joint resolution may be offered and voted on
143-20 immediately preceding the final vote on the bill or joint
143-21 resolution.
143-22 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
143-23 amendments shall be admitted only when seconded by 25 members. The
143-24 motion may take either of two forms:
143-25 (1) to limit amendments to those pending before the
143-26 house; or
143-27 (2) to limit amendments to those pending on the
144-1 speaker's desk.
144-2 (b) The motion shall be put by the chair in this manner:
144-3 "The motion has been seconded. Three minutes pro and con debate
144-4 will be allowed on the motion to limit amendments." As soon as the
144-5 debate has ended, the chair shall continue: "As many as are in
144-6 favor of limiting amendments on (here state on which question or
144-7 questions) will say 'Aye,'" and then "As many as are opposed say
144-8 'Nay.'" As in all other propositions, a motion to limit amendments
144-9 shall be decided by a record vote if demanded by three members. If
144-10 ordered by a majority of the members voting, a quorum being
144-11 present, the motion shall have the effect of confining further
144-12 debate and consideration to those amendments included within the
144-13 motion, and thereafter the chair will accept no more amendments to
144-14 the proposition to which the motion is applied.
144-15 (c) The motion to limit amendments, if adopted, shall not in
144-16 any way cut off or limit debate or other parliamentary maneuvers on
144-17 the pending proposition or propositions or amendment or amendments
144-18 included within the motion. The sole function of the motion is to
144-19 prevent the chair from accepting further amendments to the
144-20 proposition to which the motion is applied.
144-21 (d) Except as otherwise provided, the motion to limit
144-22 amendments shall have no effect on the parliamentary situation to
144-23 which the motion is applied, and the matter to which the motion is
144-24 applied shall continue to be considered by the house in all other
144-25 respects as though the motion had not been made.
144-26 (e) The amendments that are included within the motion to
144-27 limit amendments shall each be subject to amendment, if otherwise
145-1 permitted under the rules.
145-2 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
145-3 motion to limit amendments is not subject to a motion to table.
145-4 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
145-5 is offered, followed by an amendment to that amendment, and then a
145-6 substitute for the amendment to the amendment, these questions
145-7 shall be voted on in the reverse order of their offering.
145-8 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
145-9 amendment is adopted, such action shall be certified by the chief
145-10 clerk on the amendment, and the official copy of the amendment
145-11 shall then be securely attached to the bill or resolution which it
145-12 amends.
145-13 RULE 12. PRINTING
145-14 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
145-15 Except as otherwise provided in this rule, all bills and joint
145-16 resolutions shall be printed and a copy provided to each member at
145-17 each of the following stages in the parliamentary progress of the
145-18 bill or joint resolution:
145-19 (1) at the time of the committee report on the bill or
145-20 joint resolution, which shall be known as "First Printing" and
145-21 which shall consist of:
145-22 (A) a complete text of the bill or joint
145-23 resolution as reported from committee;
145-24 (B) a complete copy of the committee bill
145-25 analysis, [and] a complete copy of the summary of committee action,
145-26 and a complete copy of the witness list;
145-27 (C) the text of the committee report;
146-1 (D) the record vote by which the measure was
146-2 reported from committee, including the vote of individual members;
146-3 (E) a copy of the latest fiscal note; and
146-4 (F) a copy of each impact statement received by
146-5 the committee;
146-6 (2) at the time the bill or joint resolution, if
146-7 amended, finally passes the senate, senate amendments and house
146-8 engrossment text will be printed, which shall be known as "Second
146-9 Printing"; and
146-10 (3) at the time the conference committee, if any,
146-11 makes its report on the bill or joint resolution, which shall be
146-12 known as "Third Printing."
146-13 (b) In any section of the first printing of a bill or joint
146-14 resolution that proposes to amend an existing statute or
146-15 constitutional provision, language sought to be deleted must be
146-16 bracketed and stricken through, and language sought to be added
146-17 must be underlined. This requirement does not apply to:
146-18 (1) an appropriations bill;
146-19 (2) a local bill;
146-20 (3) a game bill;
146-21 (4) a recodification bill;
146-22 (5) a redistricting bill;
146-23 (6) a section of a bill or joint resolution not
146-24 purporting to amend an existing statute or constitutional
146-25 provision;
146-26 (7) a section of a bill or joint resolution that
146-27 revises the entire text of an existing statute or constitutional
147-1 provision, to the extent that it would confuse rather than clarify
147-2 to show deletions and additions; and
147-3 (8) a section of a bill or joint resolution providing
147-4 for severability, nonseverability, emergency, or repeal of an
147-5 existing statute or constitutional provision.
147-6 (c) The speaker may overrule a point of order raised as to a
147-7 violation of Subsection (b) of this section if the violation is
147-8 typographical or minor and does not tend to deceive or mislead.
147-9 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
147-10 after the first printing except when ordered printed by a majority
147-11 vote of the house.
147-12 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
147-13 shall be printed only if the resolution:
147-14 (1) grants permission to sue the state;
147-15 (2) memorializes Congress to take or to refrain from
147-16 taking certain action;
147-17 (3) sets legislative policy or declares legislative
147-18 intent;
147-19 (4) makes corrective changes in any bill, joint
147-20 resolution, or conference committee report;
147-21 (5) establishes or interprets policy for a state
147-22 agency, department, or political subdivision;
147-23 (6) establishes, modifies, or changes internal
147-24 procedures or administration of the legislature or any component
147-25 part thereof;
147-26 (7) proposes an amendment to the Joint Rules of the
147-27 Senate and the House of Representatives; or
148-1 (8) is ordered printed by a majority vote of the
148-2 house.
148-3 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
148-4 printed only if the resolution:
148-5 (1) proposes an amendment to the rules of the house;
148-6 (2) establishes, modifies, or changes the internal
148-7 procedures and administration of the house;
148-8 (3) establishes legislative policy or interprets
148-9 legislative intent; or
148-10 (4) is ordered printed by a majority of the house.
148-11 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
148-12 REQUIREMENTS. Except for matter to be printed in the journal, all
148-13 requirements contained in the rules with respect to the printing of
148-14 bills, resolutions, reports, and other matters shall be considered
148-15 complied with if the material is adequately and properly reproduced
148-16 by any acceptable means of reproduction.
148-17 RULE 13. INTERACTIONS WITH THE GOVERNOR
148-18 AND SENATE
148-19 CHAPTER A. MESSAGES
148-20 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
148-21 communications from the governor shall be received when announced,
148-22 and shall be read on the calendar day received.
148-23 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
148-24 the senate shall be received when announced. Senate bills
148-25 announced as passed shall be read for the first time and referred
148-26 to the appropriate committee as soon as practicable.
148-27 (b) Messages from the senate announcing amendments to house
149-1 bills and resolutions, nonconcurrence in house amendments to senate
149-2 bills and resolutions, requests for conference committees, reports
149-3 of conference committees, and all other matters of disagreement,
149-4 amendments, and requests between the two houses, shall go to the
149-5 speaker's desk in their regular order, but may be called up for
149-6 action by the house at any time as a privileged matter, yielding
149-7 only to a motion to adjourn.
149-8 CHAPTER B. SENATE AMENDMENTS
149-9 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
149-10 resolution, or other matter is returned to the house with senate
149-11 amendments, the house may:
149-12 (1) agree to the amendments; or
149-13 (2) disagree to all of the amendments and ask for a
149-14 conference committee; or
149-15 (3) agree to one or more of the amendments and
149-16 disagree as to the remainder and request a conference committee to
149-17 consider those in disagreement; or
149-18 (4) agree to one or more and disagree as to the
149-19 remainder; or
149-20 (5) disagree to all amendments.
149-21 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
149-22 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
149-23 amendments thereto must be adopted by a vote of two-thirds of the
149-24 elected membership of the house.
149-25 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
149-26 to house bills and resolutions must be printed and copies provided
149-27 to the members at least 24 hours before any action can be taken
150-1 thereon by the house during a regular or special session.
150-2 (b) When a house bill or joint resolution, other than the
150-3 general appropriations bill, with senate amendments is returned to
150-4 the house, the chief clerk shall request the Legislative Budget
150-5 Board to prepare a fiscal note outlining the fiscal implications
150-6 and probable cost of the measure as impacted by the senate
150-7 amendments. A copy of the fiscal note shall be distributed to the
150-8 members before any action can be taken on the senate amendments by
150-9 the house.
150-10 CHAPTER C. CONFERENCE COMMITTEES
150-11 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
150-12 between the senate and the house by committee, the number of
150-13 committee members from each house shall be five. All votes on
150-14 matters of difference shall be taken by each committee separately.
150-15 A majority of each committee shall be required to determine the
150-16 matter in dispute. Reports by conference committees must be signed
150-17 by a majority of each committee of the conference.
150-18 Sec. 7. MEETINGS. House conferees when meeting with senate
150-19 conferees to adjust differences shall meet in public and shall give
150-20 a reasonable amount of notice of the meeting in the place
150-21 designated for giving notice of meetings of house standing
150-22 committees. Any such meeting shall be open to the news media. Any
150-23 conference committee report adopted in private shall not be
150-24 considered by the house.
150-25 Sec. 8. INSTRUCTIONS. Instructions to a conference
150-26 committee shall be made after the conference is ordered and before
150-27 the conferees are appointed by the speaker, and not thereafter.
151-1 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
151-2 committees shall limit their discussions and their actions solely
151-3 to the matters in disagreement between the two houses. A
151-4 conference committee shall have no authority with respect to any
151-5 bill or resolution:
151-6 (1) to change, alter, or amend text which is not in
151-7 disagreement;
151-8 (2) to omit text which is not in disagreement;
151-9 (3) to add text on any matter which is not in
151-10 disagreement;
151-11 (4) to add text on any matter which is not included in
151-12 either the house or senate version of the bill or resolution.
151-13 This rule shall be strictly construed by the presiding
151-14 officer in each house to achieve these purposes.
151-15 (b) Conference committees on appropriations bills, like
151-16 other conference committees, shall limit their discussions and
151-17 their actions solely to the matters in disagreement between the two
151-18 houses. In addition to the limitations contained elsewhere in the
151-19 rules, a conference committee on appropriations bills shall be
151-20 strictly limited in its authority as follows:
151-21 (1) If an item of appropriation appears in both house
151-22 and senate versions of the bill, the item must be included in the
151-23 conference committee report.
151-24 (2) If an item of appropriation appears in both house
151-25 and senate versions of the bill, and in identical amounts, no
151-26 change can be made in the item or the amount.
151-27 (3) If an item of appropriation appears in both house
152-1 and senate versions of the bill but in different amounts, no change
152-2 can be made in the item, but the amount shall be at the discretion
152-3 of the conference committee, provided that the amount shall not
152-4 exceed the larger version and shall not be less than the smaller
152-5 version.
152-6 (4) If an item of appropriation appears in one version
152-7 of the bill and not in the other, the item can be included or
152-8 omitted at the discretion of the conference committee. If the item
152-9 is included, the amount shall not exceed the sum specified in the
152-10 version containing the item.
152-11 (5) If an item of appropriation appears in neither the
152-12 house nor the senate version of the bill, the item must not be
152-13 included in the conference committee report. However, the
152-14 conference committee report may include appropriations for purposes
152-15 or programs authorized by bills that have been passed and sent to
152-16 the governor and may include contingent appropriations for purposes
152-17 or programs authorized by bills that have been passed by at least
152-18 one house.
152-19 This rule shall be strictly construed by the presiding
152-20 officer in each house to achieve these purposes.
152-21 (c) Conference committees on tax bills, like other
152-22 conference committees, shall limit their discussions and their
152-23 actions solely to the matters in disagreement between the two
152-24 houses. In addition to the limitations contained elsewhere in the
152-25 rules, a conference committee on a tax bill shall be strictly
152-26 limited in its authority as follows:
152-27 (1) If a tax item appears in both house and senate
153-1 versions of the bill, the item must be included in the conference
153-2 committee report.
153-3 (2) If a tax item appears in both house and senate
153-4 versions of the bill, and in identical form and with identical
153-5 rates, no change can be made in the item or the rate provided.
153-6 (3) If a tax item appears in both house and senate
153-7 versions of the bill but at differing rates, no change can be made
153-8 in the item, but the rate shall be at the discretion of the
153-9 conference committee, provided that the rate shall not exceed the
153-10 higher version and shall not be less than the lower version.
153-11 (4) If a tax item appears in one version of the bill
153-12 and not in the other, the item can be included or omitted at the
153-13 discretion of the conference committee. If the item is included,
153-14 the rate shall not exceed the rate specified in the version
153-15 containing the item.
153-16 (5) If a tax item appears in neither the house nor the
153-17 senate version of the bill, the item must not be included in the
153-18 conference committee report.
153-19 This rule shall be strictly construed by the presiding
153-20 officer in each house to achieve these purposes.
153-21 (d) Conference committees on reapportionment bills, to the
153-22 extent possible, shall limit their discussions and their actions to
153-23 the matters in disagreement between the two houses. Since the
153-24 adjustment of one district in a reapportionment bill will
153-25 inevitably affect other districts, the strict rule of construction
153-26 imposed on other conference committees must be relaxed somewhat
153-27 when reapportionment bills are involved. Accordingly, the
154-1 following authority and limitations shall apply only to conference
154-2 committees on reapportionment bills:
154-3 (1) If the matters in disagreement affect only certain
154-4 districts, and other districts are identical in both house and
154-5 senate versions of the bill, the conference committee shall make
154-6 adjustments only in those districts whose rearrangement is
154-7 essential to the effective resolving of the matters in
154-8 disagreement. All other districts shall remain unchanged.
154-9 (2) If the matters in disagreement permeate the entire
154-10 bill and affect most, if not all, of the districts, the conference
154-11 committee shall have wide discretion in rearranging the districts
154-12 to the extent necessary to resolve all differences between the two
154-13 houses.
154-14 (3) Insofar as the actual structure of the districts
154-15 is concerned, and only to that extent, the provisions of Subsection
154-16 (a) of this section shall not apply to conference committees on
154-17 reapportionment bills.
154-18 (e) Conference committees on recodification bills, like
154-19 other conference committees, shall limit their discussions and
154-20 their actions solely to the matters in disagreement between the two
154-21 houses. The comprehensive and complicated nature of recodification
154-22 bills makes necessary the relaxing of the strict rule of
154-23 construction imposed on other conference committees only to the
154-24 following extent:
154-25 (1) If it develops in conference committee that
154-26 material has been inadvertently included in both house and senate
154-27 versions which properly has no place in the recodification, that
155-1 material may be omitted from the conference committee report, if by
155-2 that omission the existing statute is not repealed, altered, or
155-3 amended.
155-4 (2) If it develops in conference committee that
155-5 material has been inadvertently omitted from both the house and
155-6 senate versions which properly should be included if the
155-7 recodification is to achieve its purpose of being all-inclusive of
155-8 the statutes being recodified, that material may be added to the
155-9 conference committee report, if by the addition the existing
155-10 statute is merely restated without substantive change in existing
155-11 law.
155-12 (f) Limitations imposed on certain conference committees by
155-13 the provisions of this section may be suspended in part by
155-14 permission of the house to allow consideration of and action on a
155-15 specific matter or matters which otherwise would be prohibited.
155-16 Permission shall be granted only by resolution passed by majority
155-17 vote of the house. All such resolutions shall be privileged in
155-18 nature and need not be referred to a committee. The introduction
155-19 of such a resolution shall be announced from the house floor and
155-20 the resolution shall be eligible for consideration by the house one
155-21 hour after a copy of the resolution has been distributed to each
155-22 member. The time at which the copies of such a resolution are
155-23 distributed to the members shall be time-stamped on the originals
155-24 of the resolution. The resolution shall specify in detail:
155-25 (1) the exact nature of the matter or matters proposed
155-26 to be considered;
155-27 (2) the specific limitation or limitations to be
156-1 suspended;
156-2 (3) the specific action contemplated by the conference
156-3 committee; and
156-4 (4) the reasons that suspension of the limitations is
156-5 being requested.
156-6 In the application of this subsection to appropriations
156-7 bills, the resolution shall include a general statement outlining a
156-8 proposed salary plan but need not include changes in amounts
156-9 resulting from the salary plan and differences in language which do
156-10 not affect the substance of the bill.
156-11 Permission thus granted shall suspend the limitations only
156-12 for the matter or matters clearly specified in the resolution, and
156-13 the action of the conference committee shall be in conformity with
156-14 the resolution.
156-15 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
156-16 conference committee reports must be printed and a copy furnished
156-17 to each member at least 24 hours before action can be taken on the
156-18 report by the house during a regular or special session.
156-19 (b) Three original copies of a conference committee report
156-20 shall be submitted to the chief clerk for printing. Each original
156-21 conference committee report shall contain the following:
156-22 (1) the signatures of the house conferees and senate
156-23 conferees who voted to adopt the conference committee report;
156-24 (2) the text of the bill or resolution as adopted by
156-25 the conference committee; and
156-26 (3) an analysis of the conference committee report as
156-27 required by Section 11 of this rule.
157-1 (c) Before action can be taken by the house on a conference
157-2 committee report on a bill or joint resolution, other than the
157-3 general appropriations bill, a fiscal note outlining the fiscal
157-4 implications and probable cost of the conference committee report
157-5 shall be submitted to the chief clerk, and a copy of the fiscal
157-6 note shall be furnished to each member.
157-7 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
157-8 committees shall include an analysis showing wherein the report
157-9 differs from the house and senate versions of the bill, resolution,
157-10 or other matter in disagreement. The analysis of appropriations
157-11 bills shall show in dollar amounts the differences between the
157-12 conference committee report and the house and senate versions. No
157-13 conference committee report shall be considered by the house unless
157-14 such an analysis has been prepared and distributed to each
157-15 member.
157-16 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
157-17 report is not subject to amendment, but must be accepted or
157-18 rejected in its entirety. While a conference committee report is
157-19 pending, a motion to deal with individual amendments in
157-20 disagreement is not in order.
157-21 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
157-22 committee report is not acceptable to the house for any reason, it
157-23 may be recommitted to the same committee with the request for
157-24 further consideration, and the house may or may not give any
157-25 specific instructions on the report to the conference committee; or
157-26 the house may request the appointment by the senate of a new
157-27 conference committee and then proceed to empower the speaker to
158-1 name new conferees for the house.
158-2 RULE 14. GENERAL PROVISIONS
158-3 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
158-4 inexplicit on any question of order or parliamentary practice, the
158-5 Rules of the House of Representatives of the United States
158-6 Congress, and its practice as reflected in Hind's and Cannon's
158-7 Precedents, and Mason's Manual of Legislative Procedure shall be
158-8 considered as authority.
158-9 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
158-10 rules of the house shall be proposed by house resolutions which
158-11 shall be referred at once, without debate, to the Committee on
158-12 Rules and Resolutions for study and recommendation.
158-13 (b) A resolution proposing an amendment to the rules shall
158-14 not be considered by the house until a printed copy of the
158-15 resolution has been provided to each member of the house at least
158-16 48 hours before consideration.
158-17 (c) Amendments to the rules shall require a majority vote of
158-18 the house for adoption.
158-19 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
158-20 the rules shall be in order at any time, except when motions to
158-21 adjourn or recess are pending, even when the house is operating
158-22 under the previous question. A motion to "suspend all rules" shall
158-23 be sufficient to suspend every rule under which the house is
158-24 operating for a particular purpose except the provisions of the
158-25 constitution, the statutes, and the joint rules of the two houses.
158-26 If the rules have been suspended on a main motion for a given
158-27 purpose, no other motion to suspend the rules on a main motion
159-1 shall be in order until the original purpose has been accomplished.
159-2 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
159-3 shall not be in order to move to suspend the rules or the regular
159-4 order of business to take up a measure out of its regular order,
159-5 and the speaker shall not recognize anyone for either purpose,
159-6 unless the speaker has announced to the house in session that the
159-7 speaker would recognize a member for that purpose at least one hour
159-8 before the member is so recognized to make the motion. In making
159-9 the announcement to the house, the speaker shall advise the house
159-10 of the member's name and the bill number, and this information,
159-11 together with the time that the announcement was made, shall be
159-12 entered in the journal. This rule may be suspended only by
159-13 unanimous consent.
159-14 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
159-15 of the house may be suspended by an affirmative vote of two-thirds
159-16 of the members present. However, if a rule contains a specific
159-17 provision showing the vote by which that rule may be suspended,
159-18 that vote shall be required for the suspension of the rule. The
159-19 specific provision may not be suspended under the provisions of
159-20 this section.
159-21 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
159-22 measure taken up under suspension and not disposed of on the same
159-23 day shall go over as pending or unfinished business to the next day
159-24 that the house is in session, and shall be considered thereafter
159-25 from day to day (except the days used for the consideration of
159-26 senate bills) until disposed of.
Wilson Maxey
Brimer McCall
Gallego Heflin
Hamric Goolsby
Solomons Telford
Uher Wolens
_______________________________
Speaker of the House
I certify that H.R. No. 5 was adopted by the House on January
16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House