By Wilson H.R. No. 5
75R3637 SC-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That the following are adopted as the permanent rules of
1-3 the House of Representatives of the 75th Legislature:
1-4 RULES OF
1-5 THE HOUSE OF REPRESENTATIVES
1-6 OF THE TEXAS LEGISLATURE
1-7 TABLE OF CONTENTS
1-8 RULE
1-9 1. DUTIES AND RIGHTS OF THE SPEAKER ................... 2
1-10 2. EMPLOYEES .......................................... 9
1-11 3. STANDING COMMITTEES ................................ 19
1-12 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES ..... 43
1-13 5. FLOOR PROCEDURE .................................... 74
1-14 6. ORDER OF BUSINESS AND CALENDARS .................... 93
1-15 7. MOTIONS ............................................ 110
1-16 8. BILLS .............................................. 126
1-17 9. JOINT RESOLUTIONS .................................. 140
1-18 10. HOUSE RESOLUTIONS AND CONCURRENT
1-19 RESOLUTIONS ...................................... 142
1-20 11. AMENDMENTS ......................................... 144
1-21 12. PRINTING ........................................... 151
1-22 13. INTERACTIONS WITH THE GOVERNOR
1-23 AND SENATE ....................................... 155
1-24 14. GENERAL PROVISIONS ................................. 165
2-1 STATEMENT OF AUTHORIZATION AND PRECEDENCE
2-2 Pursuant to and under the authority of Section 11, Article
2-3 III, Texas Constitution, and notwithstanding any provision of
2-4 statute, the House of Representatives adopts the following rules to
2-5 govern its operations and procedures. The provisions of these
2-6 rules shall be deemed the only requirements binding on the House of
2-7 Representatives under Section 11, Article III, Texas Constitution,
2-8 notwithstanding any other requirements expressed in statute.
2-9 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
2-10 CHAPTER A. DUTIES AS PRESIDING OFFICER
2-11 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
2-12 enforce, apply, and interpret the rules of the house in all
2-13 deliberations of the house and shall enforce the legislative rules
2-14 prescribed by the statutes and the Constitution of Texas.
2-15 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
2-16 each calendar day precisely at the hour to which the house
2-17 adjourned or recessed at its last sitting and shall immediately
2-18 call the members to order.
2-19 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker shall
2-20 lay before the house its business in the order indicated by the
2-21 rules and shall receive propositions made by members and put them
2-22 to the house.
2-23 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
2-24 proposed legislation shall be referred by the speaker to an
2-25 appropriate standing or select committee with jurisdiction, subject
2-26 to correction by a majority vote of the house. A bill or
2-27 resolution may not be referred simultaneously to more than one
3-1 committee.
3-2 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
3-3 shall preserve order and decorum. In case of disturbance or
3-4 disorderly conduct in the galleries or in the lobby, the speaker
3-5 may order that these areas be cleared. No signs, placards, or
3-6 other objects of similar nature shall be permitted in the rooms,
3-7 lobby, gallery, and hall of the house. The speaker shall see that
3-8 the members of the house conduct themselves in a civil manner in
3-9 accordance with accepted standards of parliamentary conduct and
3-10 may, when necessary, order the sergeant-at-arms to clear the aisles
3-11 and seat the members of the house so that business may be conducted
3-12 in an orderly manner.
3-13 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written request
3-14 of a member, the speaker may recognize persons in the gallery. The
3-15 speaker shall afford that recognition at a convenient place in the
3-16 order of business, considering the need for order and decorum and
3-17 the need for continuity of debate. The request must be made on a
3-18 form prescribed by the Committee on House Administration. The
3-19 speaker may recognize, at a time he or she considers appropriate
3-20 during floor proceedings, the person serving as physician of the
3-21 day.
3-22 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
3-23 rise to put a question but may state it sitting. The question
3-24 shall be put distinctly in this form: "As many as are in favor
3-25 (here state the question or proposition under consideration), say
3-26 'Aye,'" and after the affirmative vote is expressed, "As many as
3-27 are opposed say 'No.'" If the speaker is in doubt as to the
4-1 result, or if a division is called for, the house shall
4-2 divide: those voting in the affirmative on the question shall
4-3 register "Aye" on the voting machine, and those voting in the
4-4 negative on the question shall register "No." Such votes shall not
4-5 be printed in the journal unless a record vote of yeas and nays is
4-6 ordered in accordance with the rules.
4-7 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The speaker
4-8 shall have the same right as other members to vote. If the
4-9 speaker, or a member temporarily presiding, has not voted, he or
4-10 she may cast the deciding vote at the time such opportunity becomes
4-11 official, whether to make or break a tie. If a verification of the
4-12 vote is called for and granted, the decision of the speaker, or a
4-13 member temporarily presiding, to cast the deciding vote need not be
4-14 made until the verification has been completed. In case of error
4-15 in a vote, if the correction leaves decisive effect to the vote of
4-16 the speaker, or a member temporarily presiding, the deciding vote
4-17 may be cast even though the result has been announced.
4-18 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
4-19 on all questions of order; however, such decisions are subject to
4-20 an appeal to the house made by any 10 members. Pending an appeal,
4-21 the speaker shall call a member to the chair, who shall not have
4-22 the authority to entertain or decide any other matter or
4-23 proposition until the appeal has first been determined by the
4-24 house. The question on appeal is, "Shall the chair be sustained?"
4-25 (b) No member shall speak more than once on an appeal unless
4-26 given leave by a majority of the house. No motion shall be in
4-27 order, pending an appeal, except a motion to adjourn, a motion to
5-1 lay on the table, a motion for the previous question, or a motion
5-2 for a call of the house. Responses to parliamentary inquiries and
5-3 decisions of recognition made by the chair may not be appealed.
5-4 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
5-5 CHAIR. The speaker shall have the right to name any member to
5-6 perform the duties of the chair and may name a member to serve as
5-7 speaker pro tempore by delivering a written order to the chief
5-8 clerk and a copy to the journal clerk. A permanent speaker pro
5-9 tempore shall, in the absence or inability of the speaker, call the
5-10 house to order and perform all other duties of the chair in
5-11 presiding over the deliberations of the house and perform other
5-12 duties and exercise other responsibilities as may be assigned by
5-13 the speaker. If the house is not in session, and a permanent
5-14 speaker pro tempore has not been named, or if the speaker pro
5-15 tempore is not available or for any reason is not able to function,
5-16 the speaker may deliver a written order to the chief clerk, with a
5-17 copy to the journal clerk, naming the member who shall call the
5-18 house to order and preside during the speaker's absence. The
5-19 speaker pro tempore shall serve at the pleasure of the speaker.
5-20 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
5-21 emergency of such compelling nature that the speaker must adjourn
5-22 the house without fixing a date and hour of reconvening, the
5-23 speaker shall have authority to determine the date and hour of
5-24 reconvening and to notify the members of the house by any means the
5-25 speaker considers adequate. Should the speaker be disabled or
5-26 otherwise unable to exercise these emergency powers, the permanent
5-27 speaker pro tempore, if one has been named, shall have authority to
6-1 act. If there is no permanent speaker pro tempore, or if that
6-2 officer is unable to act, authority shall be exercised by the chair
6-3 of the Committee on State Affairs, who shall preside until the
6-4 house can proceed to the selection of a temporary presiding officer
6-5 to function until the speaker or the speaker pro tempore is again
6-6 able to exercise the duties and responsibilities of the office.
6-7 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is not
6-8 in session, if the speaker determines that it would be a hazard to
6-9 the safety of the members, officers, employees, and others
6-10 attending the legislature to reconvene at the time determined by
6-11 the house at its last sitting, the speaker may clear the area of
6-12 the capitol under the control of the house and postpone the
6-13 reconvening of the house for a period of not more than 12 hours.
6-14 On making that determination, the speaker shall order the
6-15 sergeant-at-arms to post an assistant at each first floor entrance
6-16 to the capitol and other places and advise all persons entering of
6-17 the determination and the time set for the house to reconvene. The
6-18 speaker shall also notify the journal clerk and the news media of
6-19 the action, and the action shall be entered in the house journal.
6-20 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
6-21 resolutions, and concurrent resolutions shall be signed by the
6-22 speaker in the presence of the house, as required by the
6-23 constitution; and all writs, warrants, and subpoenas issued by
6-24 order of the house shall be signed by the speaker and attested by
6-25 the chief clerk, or the person acting as chief clerk.
6-26 CHAPTER B. ADMINISTRATIVE DUTIES
6-27 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
7-1 have general control, except as otherwise provided by law, of the
7-2 hall of the house, its lobbies, galleries, corridors, and passages,
7-3 and other rooms in those parts of the capitol assigned to the use
7-4 of the house; except that the hall of the house shall not be used
7-5 for any meeting other than legislative meetings during any regular
7-6 or special session of the legislature unless specifically
7-7 authorized by resolution.
7-8 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The speaker
7-9 shall designate the chair and vice-chair of each standing
7-10 substantive committee and shall also appoint membership of the
7-11 committee, subject to the provisions of Rule 4, Section 2.
7-12 (b) If members of equal seniority request the same
7-13 committee, the speaker shall decide which among them shall be
7-14 assigned to that committee.
7-15 (c) In announcing the membership of the standing substantive
7-16 committees, the speaker shall designate which are appointees and
7-17 which acquire membership by seniority.
7-18 (d) The speaker shall appoint the chair and vice-chair of
7-19 each standing procedural committee and the remaining membership of
7-20 the committee.
7-21 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE COMMITTEES.
7-22 (a) The speaker shall appoint all conference committees. The
7-23 speaker shall name the chair of each conference committee, and may
7-24 also name the vice-chair thereof.
7-25 (b) The speaker may at any time by proclamation create a
7-26 select committee. The speaker shall name the chair and vice-chair
7-27 thereof. A select committee has the jurisdiction, authority, and
8-1 duties and exists for the period of time specified in the
8-2 proclamation. A select committee has the powers granted by these
8-3 rules to a standing committee except as limited by the
8-4 proclamation. A copy of each proclamation creating a select
8-5 committee shall be filed with the chief clerk.
8-6 Sec. 17. INTERIM STUDIES. When the legislature is not in
8-7 session, the speaker shall have the authority to direct committees
8-8 to make interim studies for such purposes as the speaker may
8-9 designate, and the committees shall meet as often as necessary to
8-10 transact effectively the business assigned to them. The speaker
8-11 shall provide to the chief clerk a copy of interim charges made to
8-12 a standing or select committee.
8-13 CHAPTER C. CAMPAIGNS FOR SPEAKER
8-14 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
8-15 SESSION. During a regular session of the legislature a member may
8-16 not solicit written pledges from other members for their support of
8-17 or promise to vote for any person for the office of speaker.
9-1 RULE 2. EMPLOYEES
9-2 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
9-3 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
9-4 (1) be the custodian of all bills and resolutions;
9-5 (2) number in the order of their filing, with a
9-6 separate sequence for each category, all bills, joint resolutions,
9-7 concurrent resolutions, and house resolutions;
9-8 (3) provide for the keeping of a complete record of
9-9 introduction and action on all bills and resolutions, including the
9-10 number, author, brief description of the subject matter, committee
9-11 reference, and the time sequence of action taken on all bills and
9-12 resolutions to reflect at all times their status in the legislative
9-13 process;
9-14 (4) on the day of numbering a bill relating to a
9-15 conservation and reclamation district created under Article XVI,
9-16 Section 59, of the Texas Constitution, send two copies of the bill,
9-17 with two copies of the notice of intention to introduce the bill,
9-18 to the governor and notify the journal clerk of the action;
9-19 (5) receive the recommendations of the Texas Natural
9-20 Resource Conservation Commission on a bill forwarded to the
9-21 commission under Article XVI, Section 59, of the Texas
9-22 Constitution, attach them to the bill to which they apply, and
9-23 notify the journal clerk that the recommendations have been filed;
9-24 (6) forward to the committee chair a certified copy of
9-25 each legislative document referred to a committee along with
9-26 certified copies of all official attachments to the document;
9-27 (7) have printed and distributed correct copies of all
10-1 legislative documents, as provided in the subchapter on printing,
10-2 and keep an exact record of the date and hour of transmittal to the
10-3 printer, return from the printer, and distribution of the document
10-4 to members of the house with that information time-stamped on the
10-5 originals of the document;
10-6 (8) certify the passage of bills and resolutions,
10-7 noting on them the date of passage and the vote by which passed, if
10-8 by record vote;
10-9 (9) be responsible for engrossing all house bills and
10-10 resolutions that have passed second reading and those that have
10-11 passed third reading, and for enrolling all house bills and
10-12 resolutions that have passed both houses.
10-13 All engrossed and enrolled documents shall be prepared
10-14 without erasures, interlineations, or additions in the margin.
10-15 House concurrent resolutions passed without amendment
10-16 shall not be engrossed but shall be certified and forwarded
10-17 directly to the senate.
10-18 Engrossed riders may be used in lieu of full
10-19 engrossment on second reading passage;
10-20 (10) be authorized to amend the caption to conform to
10-21 the body of each house bill and joint resolution ordered engrossed
10-22 or enrolled;
10-23 (11) be responsible for noting on each house bill or
10-24 joint resolution, for certification by the speaker of the house,
10-25 the lieutenant governor, the chief clerk of the house, and the
10-26 secretary of the senate, the following information:
10-27 (A) date of final passage, and the vote on final
11-1 passage, if by record vote, or the notation "Nonrecord Vote," if
11-2 not by record vote. If the bill was amended in the senate, this
11-3 fact shall also be noted;
11-4 (B) date of concurrence by the house in senate
11-5 amendments, and the vote on concurrence, if by record vote, or the
11-6 notation "Nonrecord Vote," if not by record vote;
11-7 (C) date of adoption by each house of a
11-8 conference committee report and the vote on adoption, if by record
11-9 vote, or the notation "Nonrecord Vote," if not by record vote;
11-10 (D) that a bill containing an appropriation was
11-11 passed subject to the provisions of Article III, Section 49a, of
11-12 the Texas Constitution; and
11-13 (E) that a concurrent resolution was adopted by
11-14 both houses directing the correction of an enrolled bill, if
11-15 applicable;
11-16 (12) transmit over signature all messages from the
11-17 house to the senate, including typewritten copies of amendments to
11-18 senate bills;
11-19 (13) prepare copies of senate amendments to house
11-20 bills for the journal before the amendments and the bill or
11-21 resolution to which they relate are sent to the printer or to the
11-22 speaker;
11-23 (14) notify the speaker in writing that the senate did
11-24 not concur in house amendments to a bill or resolution and requests
11-25 a conference committee, and include in this notice the names of the
11-26 senate conferees; and
11-27 (15) provide a certified copy of a house bill or
12-1 resolution which may be lost showing each parliamentary step taken
12-2 on the bill.
12-3 (b) The chief clerk shall also:
12-4 (1) attest all writs, warrants and subpoenas issued by
12-5 order of the house;
12-6 (2) provide for issuance of an identification card to
12-7 each member and employee of the house;
12-8 (3) receive reports of select committees and forward
12-9 copies to the speaker and journal clerk;
12-10 (4) not later than 30 days after the close of each
12-11 session, acquire from each of the various clerks of the house,
12-12 except the journal clerk, all reports, records, bills, papers, and
12-13 other documents remaining in their possession and file them with
12-14 the Legislative Reference Library, unless otherwise provided by
12-15 law;
12-16 (5) receive and file all other documents required by
12-17 law or by the rules of the house;
12-18 (6) prepare a roster of members in order of seniority
12-19 showing the number of years of service of each member, as provided
12-20 in Rule 4, Section 2; and
12-21 (7) have printed and distributed the list of Items
12-22 Eligible for Consideration as required by the rules.
12-23 (c) The chief clerk shall also provide for the following to
12-24 be made available on the electronic legislative information system
12-25 at the same time that the corresponding copies are placed in the
12-26 members' newspaper mailboxes:
12-27 (1) all house calendars and lists of items eligible
13-1 for consideration and the time-stamp information for those
13-2 calendars and lists; and
13-3 (2) the time-stamp information for all official
13-4 printings of bills and resolutions.
13-5 (d) The chief clerk shall also:
13-6 (1) maintain duplicate originals of committee minutes
13-7 as required by Rule 4, Sections 18(b) and (c);
13-8 (2) maintain sworn statements from witnesses appearing
13-9 before committees as required by Rule 4, Section 20(c);
13-10 (3) under the direction of the Committee on House
13-11 Administration, prescribe the form of the sworn statements for
13-12 witnesses; [and]
13-13 (4) as directed by the chair of a committee, post
13-14 committee meeting notices in accordance with the rules; and
13-15 (5) request fiscal notes on house bills and joint
13-16 resolutions with senate amendments and distribute fiscal notes on
13-17 house bills and joint resolutions with senate amendments and
13-18 conference committee reports as required by Rule 13, Sections 5 and
13-19 10.
13-20 Sec. 2. JOURNAL CLERK. The journal clerk shall:
13-21 (1) keep a journal of the proceedings of the house,
13-22 except when the house is acting as a committee of the whole, and
13-23 enter the following:
13-24 (A) the number, author, and caption of every
13-25 bill introduced;
13-26 (B) descriptions of all congratulatory and
13-27 memorial resolutions on committee report, motions, amendments,
14-1 questions of order and decisions on them, messages from the
14-2 governor, and messages from the senate;
14-3 (C) the summaries of congratulatory and memorial
14-4 resolutions, as printed on the congratulatory and memorial
14-5 calendar;
14-6 (D) the number of each bill, joint resolution,
14-7 and concurrent resolution signed in the presence of the house;
14-8 (E) a listing of reports made by standing
14-9 committees;
14-10 (F) reports of select committees, when ordered
14-11 by the house;
14-12 (G) every record vote or registration of the
14-13 house with a concise statement of the action and the result;
14-14 (H) the names of all absentees, both excused and
14-15 not excused;
14-16 (I) senate amendments to house bills or
14-17 resolutions, when concurred in by the house;
14-18 (J) the date each bill is transmitted to the
14-19 governor;
14-20 (K) the date recommendations of the Texas
14-21 Natural Resource Conservation Commission on each bill subject to
14-22 Article XVI, Section 59, of the Texas Constitution, are filed with
14-23 the chief clerk;
14-24 (L) all pairs as a part of a record vote;
14-25 (M) reasons for a vote;
14-26 (N) the vote of a member on a nonrecord vote,
14-27 when filed with the journal clerk within 1 hour of the time the
15-1 result of the vote was announced by the chair;
15-2 (O) the statement of a member who was absent
15-3 when a vote was taken indicating how the member would have voted;
15-4 and
15-5 (P) official state documents, reports, and other
15-6 matters, when ordered by the house;
15-7 (2) prepare a daily journal for each calendar day that
15-8 the house is in session and distribute copies to the members of the
15-9 house on the succeeding calendar day or the earliest possible date;
15-10 and
15-11 (3) prepare and have printed a permanent house journal
15-12 of regular and special sessions in accordance with the law and the
15-13 following provisions:
15-14 (A) When completed, no more than 300 copies
15-15 shall be bound and distributed as follows:
15-16 (i) one copy to each member of the house
15-17 of representatives;
15-18 (ii) one copy to each member of the
15-19 senate; and
15-20 (iii) the remainder of the copies to be
15-21 distributed by the Committee on House Administration.
15-22 (B) The journal clerk shall not receive or
15-23 receipt for the permanent house journal until it has been correctly
15-24 published.
15-25 Sec. 3. READING CLERKS. The reading clerks, under the
15-26 supervision of the speaker, shall:
15-27 (1) call the roll of the house in alphabetical order
16-1 when ordered to do so by the speaker; and
16-2 (2) read all bills, resolutions, motions, and other
16-3 matters required by the rules or directed by the speaker.
16-4 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
16-5 (1) under the direction of the speaker, have charge of
16-6 and maintain order in the hall of the house, its lobbies and
16-7 galleries, and all other rooms in the capitol assigned for the use
16-8 of the house of representatives;
16-9 (2) attend the house and the committee of the whole
16-10 during all meetings and maintain order under the direction of the
16-11 speaker or other presiding officer;
16-12 (3) execute the commands of the house and serve the
16-13 writs and processes issued by the authority of the house and
16-14 directed by the speaker;
16-15 (4) supervise assistants to the sergeant-at-arms who
16-16 shall aid in the performance of prescribed duties and have the same
16-17 authority, subject to the control of the speaker;
16-18 (5) clear the floor of the house of all persons not
16-19 entitled to the privileges of the floor at least 30 minutes prior
16-20 to the convening of each session of the house;
16-21 (6) bring in absent members when so directed under a
16-22 call of the house;
16-23 (7) not allow the distribution of any printed matter
16-24 in the hall of the house, other than newspapers that have been
16-25 published at least once a week for a period of one year, unless it
16-26 first has been authorized in writing by at least one member of the
16-27 house and the name of the member appears on the printed matter.
17-1 The sergeant-at-arms shall refuse to accept for distribution any
17-2 printed matter which does not bear the name of the member or
17-3 members authorizing the distribution;
17-4 (8) keep a copy of written authorization and a record
17-5 of the matter distributed in the permanent files of the house;
17-6 (9) enforce parking regulations applicable to areas of
17-7 the capitol complex under the control of the house and supervise
17-8 parking attendants; and
17-9 (10) supervise the doorkeeper.
17-10 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-11 of the sergeant-at-arms, shall:
17-12 (1) enforce strictly the rules of the house relating
17-13 to privileges of the floor and perform other duties as directed by
17-14 the speaker;
17-15 (2) close the main entrance and permit no member to
17-16 leave the house without written permission from the speaker when a
17-17 call of the house or a call of the committee of the whole is
17-18 ordered, take up permission cards as members leave the hall, and
17-19 take up permission cards of those who are admitted to the floor of
17-20 the house under the rules and practice of the house;
17-21 (3) obtain recognition from the speaker and announce a
17-22 messenger from the governor or the senate on arrival at the bar of
17-23 the house; and
17-24 (4) obtain recognition from the speaker and announce
17-25 the arrival of the governor or the senate on arrival at the bar of
17-26 the house for official proceedings in the house.
17-27 Sec. 6. CHAPLAIN. The chaplain shall open the first session
18-1 on each calendar day with a prayer and shall perform such other
18-2 duties as directed by the Committee on House Administration.
18-3 Sec. 7. VOTING CLERK. The voting clerk, under the
18-4 supervision of the speaker, shall:
18-5 (1) open and close the voting machine on registrations
18-6 and record votes as ordered by the speaker;
18-7 (2) record votes from the floor as directed by the
18-8 speaker;
18-9 (3) prepare official copies of all record votes for
18-10 the journal;
18-11 (4) make no additions, subtractions, or other changes
18-12 in any registration or record vote unless specifically granted
18-13 permission by the house or directed by the speaker prior to the
18-14 announcement of the final result; and
18-15 (5) lock the voting machine of each member who is
18-16 excused or who is otherwise known to be absent when the house is in
18-17 session until the member personally requests that the machine be
18-18 unlocked.
19-1 RULE 3. STANDING COMMITTEES
19-2 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall have
19-3 nine members, with jurisdiction over all matters pertaining to:
19-4 (1) agriculture, horticulture, and farm husbandry;
19-5 (2) livestock and stock raising, and the livestock
19-6 industry;
19-7 (3) the development and preservation of forests, and
19-8 the regulation, control, and promotion of the lumber industry; and
19-9 (4) the following state agencies: the Department of
19-10 Agriculture, the Texas Animal Health Commission, the State Soil and
19-11 Water Conservation Board, the Texas Forest Service, the Office of
19-12 South Central Interstate Forest Fire Protection Compact, the Office
19-13 of Chief Apiary Inspector, the Texas Agricultural Experiment
19-14 Station, the Texas Agricultural Extension Service, the Texas Food
19-15 and Fibers Commission, the State Seed and Plant Board, the State
19-16 Board of Veterinary Medical Examiners, the Texas Veterinary Medical
19-17 Diagnostic Laboratory, the Egg Marketing Advisory Board, the
19-18 Produce Recovery Fund Board, the Texas Structural Pest Control
19-19 Board, and the Texas Animal Damage Control Service.
19-20 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
19-21 members, with jurisdiction over:
19-22 (1) all bills and resolutions appropriating money from
19-23 the state treasury;
19-24 (2) all bills and resolutions containing provisions
19-25 resulting in automatic allocation of funds from the state
19-26 treasury;
19-27 (3) all bills and resolutions diverting funds from the
20-1 state treasury or preventing funds from going in that otherwise
20-2 would be placed in the state treasury; and
20-3 (4) all matters pertaining to claims and accounts
20-4 filed with the legislature against the state unless jurisdiction
20-5 over those bills and resolutions is specifically granted by these
20-6 rules to some other standing committee.
20-7 (b) The appropriations committee may comment upon any bill
20-8 or resolution containing a provision resulting in an automatic
20-9 allocation of funds.
20-10 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
20-11 nine members, with jurisdiction over all matters pertaining to:
20-12 (1) industry and manufacturing;
20-13 (2) industrial safety and adequate and safe working
20-14 conditions, and the regulation and control of those conditions;
20-15 (3) hours, wages, collective bargaining, and the
20-16 relationship between employers and employees;
20-17 (4) the regulation of business transactions and
20-18 transactions involving property interests;
20-19 (5) the organization, incorporation, management, and
20-20 regulation of private corporations and professional associations
20-21 and the Uniform Commercial Code and the Limited Partnership Act;
20-22 (6) the protection of consumers, governmental
20-23 regulations incident thereto, the agencies of government authorized
20-24 to regulate such activities, and the role of the government in
20-25 consumer protection; and
20-26 (7) the following state agencies: the Texas Workers'
20-27 Compensation Commission, the Texas Workers' Compensation Insurance
21-1 Fund Board, the Texas Workers' Compensation Insurance Facility
21-2 Governing Committee, and the Research and Oversight Council on
21-3 Workers' Compensation [Texas Workers' Compensation Research
21-4 Center].
21-5 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
21-6 members, with jurisdiction over:
21-7 (1) the placement of bills and resolutions on
21-8 appropriate calendars, except those within the jurisdiction of the
21-9 Committee on Rules and Resolutions;
21-10 (2) the determination of priorities and proposal of
21-11 rules for floor consideration of such bills and resolutions; and
21-12 (3) all other matters concerning the calendar system
21-13 and the expediting of the business of the house as may be assigned
21-14 by the speaker.
21-15 Sec. 5. CIVIL PRACTICES. The committee shall have nine
21-16 members, with jurisdiction over all matters pertaining to:
21-17 (1) fines and penalties arising under civil laws;
21-18 (2) civil law, including rights, duties, remedies, and
21-19 procedures thereunder;
21-20 (3) civil procedure in the courts of Texas;
21-21 (4) administrative law and the adjudication of rights
21-22 by administrative agencies; and
21-23 (5) permission to sue the state.
21-24 Sec. 6. CORRECTIONS. The committee shall have nine members,
21-25 with jurisdiction over all matters pertaining to:
21-26 (1) the incarceration and rehabilitation of convicted
21-27 felons;
22-1 (2) the establishment and maintenance of programs that
22-2 provide alternatives to incarceration;
22-3 (3) the commitment and rehabilitation of youths;
22-4 (4) the construction, operation, and management of
22-5 correctional facilities of the state and facilities used for the
22-6 commitment and rehabilitation of youths; and
22-7 (5) the following state agencies: the Texas
22-8 Department of Criminal Justice, the Board of Pardons and Paroles,
22-9 the Texas Youth Commission, the Council on Sex Offender Treatment,
22-10 the Texas Council on Offenders with Mental Impairments, and the
22-11 Criminal Justice Policy Council.
22-12 Sec. 7. COUNTY AFFAIRS. The committee shall have nine
22-13 members, with jurisdiction over all matters pertaining to:
22-14 (1) counties, including their organization, creation,
22-15 boundaries, government, and finance and the compensation and duties
22-16 of their officers and employees;
22-17 (2) establishing districts for the election of
22-18 governing bodies of counties;
22-19 (3) regional councils of governments;
22-20 (4) multicounty boards or commissions;
22-21 (5) relationships or contracts between counties;
22-22 (6) other units of local government; and
22-23 (7) the following state agency: the Commission on
22-24 Jail Standards.
22-25 Sec. 8. CRIMINAL JURISPRUDENCE. The committee shall have
22-26 nine members, with jurisdiction over all matters pertaining to:
22-27 (1) criminal law, prohibitions, standards, and
23-1 penalties;
23-2 (2) probation and parole;
23-3 (3) criminal procedure in the courts of Texas;
23-4 (4) revision or amendment of the Penal Code; and
23-5 (5) the following state agencies: the Office of State
23-6 Prosecuting Attorney and the Office of Interstate Parole Compact
23-7 Administrator for Texas.
23-8 Sec. 9. ECONOMIC DEVELOPMENT. The committee shall have nine
23-9 members, with jurisdiction over all matters pertaining to:
23-10 (1) commerce, trade, and manufacturing;
23-11 (2) economic and industrial development;
23-12 (3) job creation and job-training programs;
23-13 (4) hours, wages, collective bargaining, and the
23-14 relationship between employers and employees;
23-15 (5) unemployment compensation, including coverage,
23-16 benefits, taxes, and eligibility;
23-17 (6) boiler inspection and safety standards and
23-18 regulation;
23-19 (7) labor unions and their organization, control,
23-20 management, and administration;
23-21 (8) weights and measures;
23-22 (9) advances in science and technology, including
23-23 telecommunications, electronic technology, and automated data
23-24 processing and the regulation of those industries;
23-25 (10) the promotion of scientific research,
23-26 technological development, and technology transfer in the state;
23-27 (11) matters relating to cooperation of state and
24-1 local governments with the scientific and technological community,
24-2 which includes industry, the universities, and federal governmental
24-3 laboratories; and
24-4 (12) the following state agencies: the Texas
24-5 Department of Commerce, the Texas Workforce Commission [Texas
24-6 Employment Commission], the Texas Aerospace Commission, the Council
24-7 on Workforce and Economic Competitiveness, and the Texas National
24-8 Research Laboratory Commission.
24-9 Sec. 10. ELECTIONS. The committee shall have nine members,
24-10 with jurisdiction over all matters pertaining to:
24-11 (1) the right of suffrage in Texas;
24-12 (2) primary, special, and general elections;
24-13 (3) revision, modification, amendment, or change of
24-14 the Election Code;
24-15 (4) the secretary of state in relation to elections;
24-16 (5) campaign finance; and
24-17 (6) the following state agency: the Office of the
24-18 Secretary of State.
24-19 Sec. 11. ENERGY RESOURCES. The committee shall have nine
24-20 members, with jurisdiction over all matters pertaining to:
24-21 (1) the conservation of the energy resources of
24-22 Texas;
24-23 (2) the production, regulation, transportation, and
24-24 development of oil, gas, and other energy resources;
24-25 (3) mining and the development of mineral deposits
24-26 within the state;
24-27 (4) the leasing and regulation of mineral rights under
25-1 public lands;
25-2 (5) pipelines, pipeline companies, and all others
25-3 operating as common carriers in the state;
25-4 (6) electric utility regulation as it relates to
25-5 energy production and consumption; and
25-6 (7) the following state agencies: the Railroad
25-7 Commission of Texas, the Office of Interstate Oil Compact
25-8 Commissioner for Texas, the Office of Interstate Mining Compact
25-9 Commissioner for Texas, the Texas Energy Coordination Council, the
25-10 Texas Committee on Energy Policy, and the Office of Southern States
25-11 Energy Board Member for Texas.
25-12 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall have
25-13 nine members, with jurisdiction over all matters pertaining to:
25-14 (1) air, land, and water pollution, including the
25-15 environmental regulation of industrial development;
25-16 (2) the regulation of waste disposal;
25-17 (3) environmental matters that are regulated by the
25-18 Department of Health or the Texas Natural Resource Conservation
25-19 Commission;
25-20 (4) oversight of the Texas Natural Resource
25-21 Conservation Commission as it relates to environmental regulation;
25-22 and
25-23 (5) the following state agencies: the Pollution
25-24 Prevention Council, the Texas Agriculture Resources Protection
25-25 Authority, the Texas Low-Level Radioactive Waste Disposal Compact
25-26 Commission, and the Texas Low-Level Radioactive Waste Disposal
25-27 Authority.
26-1 Sec. 13. FINANCIAL INSTITUTIONS. The committee shall have
26-2 nine members, with jurisdiction over all matters pertaining to:
26-3 (1) banking and the state banking system;
26-4 (2) savings and loan associations;
26-5 (3) credit unions;
26-6 (4) the regulation of state and local bonded
26-7 indebtedness;
26-8 (5) the lending of money; and
26-9 (6) the following state agencies: The Finance
26-10 Commission of Texas, the Credit Union Commission, the Office of
26-11 Consumer Credit Commissioner, the Office of Banking Commissioner,
26-12 [the State Banking Board,] the Banking Department of Texas, the
26-13 Savings and Loan Department of Texas, the Texas Treasury
26-14 Safekeeping Trust Company, the Texas Public Finance Authority, the
26-15 Bond Review Board, and the State Depository Board[, and the Office
26-16 of the State Treasurer].
26-17 Sec. 14. GENERAL INVESTIGATING (PROCEDURAL). (a) The
26-18 General Investigating Committee consists of five members of the
26-19 house appointed by the speaker. The speaker shall appoint the
26-20 chair and the vice-chair of the committee.
26-21 (b) The general investigating committee has all the powers
26-22 and duties and shall operate according to the procedures prescribed
26-23 by Subchapter B, Chapter 301, Government Code, and the rules of the
26-24 house, as applicable.
26-25 Sec. 15. HIGHER EDUCATION. The committee shall have nine
26-26 members, with jurisdiction over all matters pertaining to:
26-27 (1) education beyond high school;
27-1 (2) the colleges and universities of the State of
27-2 Texas; and
27-3 (3) the following state agencies: the Texas
27-4 Engineering Experiment Station, the Texas Engineering Extension
27-5 Service, the Texas Higher Education Coordinating Board, the Texas
27-6 Guaranteed Student Loan Corporation, the State Medical Education
27-7 Board, the Prepaid Higher Education Tuition Board, and the Texas
27-8 Transportation Institute.
27-9 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
27-10 shall have 11 members, with jurisdiction over:
27-11 (1) administrative operation of the house and its
27-12 employees;
27-13 (2) the general house fund, with full control over all
27-14 expenditures from the fund;
27-15 (3) all property, equipment, and supplies obtained by
27-16 the house for its use and the use of its members;
27-17 (4) all office space available for the use of the
27-18 house and its members;
27-19 (5) the assignment of vacant office space, vacant
27-20 parking spaces, and vacant desks on the house floor to members with
27-21 seniority based on cumulative years of service in the house, except
27-22 that the committee may make these assignments based on physical
27-23 disability of a member where it deems proper;
27-24 (6) all admissions to the floor during sessions of the
27-25 house;
27-26 (7) all proposals to invite nonmembers to appear
27-27 before or address the house or a joint session;
28-1 (8) all radio broadcasting and televising, live or
28-2 recorded, of sessions of the house;
28-3 (9) the electronic recording of the proceedings of the
28-4 house of representatives and the custody of the recordings of
28-5 testimony before house committees, with authority to promulgate
28-6 reasonable rules, regulations, and conditions concerning the
28-7 safekeeping, reproducing, transcribing of the recordings, and the
28-8 defraying of costs for transcribing the recordings, subject to
28-9 other provisions of these rules;
28-10 (10) all witnesses appearing before the house or any
28-11 committee thereof in support of or in opposition to any pending
28-12 legislative proposal; and
28-13 (11) the following state agency: the State
28-14 Preservation Board.
28-15 Sec. 17. HUMAN SERVICES. The committee shall have nine
28-16 members, with jurisdiction over all matters pertaining to:
28-17 (1) welfare and rehabilitation programs and their
28-18 development, administration, and control;
28-19 (2) oversight of the Health and Human Services
28-20 Commission as it relates to the subject matter jurisdiction of this
28-21 committee; and
28-22 (3) the following state agencies: the Texas
28-23 Department on Aging, the Texas State Board of Social Worker
28-24 Examiners, the Texas Committee on Purchasing from People with
28-25 Disabilities [Purchases of Products and Services of Blind and
28-26 Severely Disabled Persons], the Texas Commission for the Blind, the
28-27 Texas Commission for the Deaf and Hard of Hearing [Impaired], the
29-1 Texas Department of Human Services, the Department of Protective
29-2 and Regulatory Services, the Texas Rehabilitation Commission, the
29-3 Children's Trust Fund of Texas Council, and the Texas State Board
29-4 of Examiners of Professional Counselors.
29-5 Sec. 18. INSURANCE. The committee shall have nine members,
29-6 with jurisdiction over all matters pertaining to:
29-7 (1) insurance and the insurance industry;
29-8 (2) all insurance companies and other organizations of
29-9 any type writing or issuing policies of insurance in the State of
29-10 Texas, including their organization, incorporation, management,
29-11 powers, and limitations; and
29-12 (3) the following state agencies: the Texas
29-13 Department of Insurance, the Texas Health Benefits Purchasing
29-14 Cooperative, and the Office of Public Insurance Counsel.
29-15 Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
29-16 members, with jurisdiction over all matters pertaining to:
29-17 (1) uniform state laws;
29-18 (2) creating, changing, or otherwise affecting courts
29-19 of judicial districts of the state;
29-20 (3) establishing districts for the election of
29-21 judicial officers;
29-22 (4) the State Bar of Texas;
29-23 (5) the Texas Judicial Council;
29-24 (6) the State Commission on Judicial Conduct;
29-25 (7) the Office of the Attorney General, including its
29-26 organization, powers, functions, and responsibilities;
29-27 (8) courts and court procedures except where
30-1 jurisdiction is specifically granted to some other standing
30-2 committee; and
30-3 (9) the following state agencies: the Supreme Court,
30-4 the Courts of Appeals, the Court of Criminal Appeals, the State
30-5 Commission on Judicial Conduct, the Office of Court Administration
30-6 of the Texas Judicial System, the State Law Library, the Texas
30-7 Judicial Council, the Office of the Attorney General, the Court
30-8 Reporters Certification Board, and the Board of Law Examiners.
30-9 Sec. 20. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
30-10 shall have nine members, with jurisdiction over all matters
30-11 pertaining to:
30-12 (1) juvenile delinquency and gang violence;
30-13 (2) criminal law, prohibitions, standards, and
30-14 penalties as applied to juveniles;
30-15 (3) criminal procedure in the courts of Texas as it
30-16 relates to juveniles;
30-17 (4) civil law as it relates to familial relationships,
30-18 including rights, duties, remedies, and procedures thereunder; and
30-19 (5) the following state agencies: the Texas Juvenile
30-20 Probation Commission and the Advisory Council on Juvenile Services.
30-21 Sec. 21. LAND AND RESOURCE MANAGEMENT. The committee shall
30-22 have nine members, with jurisdiction over all matters pertaining
30-23 to:
30-24 (1) the management of public lands;
30-25 (2) the power of eminent domain;
30-26 (3) annexation, zoning, and other governmental
30-27 regulation of land use; and
31-1 (4) the following state agencies: the Veterans' Land
31-2 Board, the School Land Board, the Board for Lease of University
31-3 Lands, the Coastal Coordination Council, and the General Land
31-4 Office.
31-5 Sec. 22. LICENSING AND ADMINISTRATIVE PROCEDURES. The
31-6 committee shall have nine members, with jurisdiction over all
31-7 matters pertaining to:
31-8 (1) the oversight of businesses, industries, general
31-9 trades, and occupations regulated by this state;
31-10 (2) the regulation of greyhound and horse racing and
31-11 other gaming industries;
31-12 (3) regulation of the sale of intoxicating beverages
31-13 and local option control;
31-14 (4) the Alcoholic Beverage Code; and
31-15 (5) the following state agencies: the Texas
31-16 Department of Licensing and Regulation, the State Office of
31-17 Administrative Hearings, the Texas Board of Architectural
31-18 Examiners, the Texas State Board of Public Accountancy, the Texas
31-19 Real Estate Commission, the Texas State Board of Plumbing
31-20 Examiners, the State Board of Registration for Professional
31-21 Engineers, the Real Estate Research Center, the Texas Board of
31-22 Professional Land Surveying, the Texas Racing Commission, the Texas
31-23 Appraiser Licensing and Certification Board, the Texas Lottery
31-24 Commission, and the Texas Alcoholic Beverage Commission.
31-25 Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
31-26 committee shall have 11 members, with jurisdiction over:
31-27 (1) the placement on appropriate calendars of bills
32-1 and resolutions that, in the opinion of the committee, are in fact
32-2 local or will be uncontested, and have been recommended as such by
32-3 the standing committee of original jurisdiction; and
32-4 (2) the determination of priorities for floor
32-5 consideration of bills and resolutions except those within the
32-6 jurisdiction of the Committee on Calendars.
32-7 Sec. 24. NATURAL RESOURCES. The committee shall have nine
32-8 members, with jurisdiction over all matters pertaining to:
32-9 (1) the conservation of the natural resources of
32-10 Texas;
32-11 (2) the control and development of land and water and
32-12 land and water resources, including the taking, storing, control,
32-13 and use of all water in the state, and its appropriation and
32-14 allocation;
32-15 (3) irrigation, irrigation companies, and irrigation
32-16 districts, and their incorporation, management, and powers;
32-17 (4) the creation, modification, and regulation of
32-18 water supply districts, water control and improvement districts,
32-19 conservation and reclamation districts, and all similar organs of
32-20 local government dealing with water and water supply;
32-21 (5) oversight of the Texas Natural Resource
32-22 Conservation Commission as it relates to the regulation of water
32-23 resources; and
32-24 (6) the following state agencies: the Office of
32-25 Canadian River Compact Commissioner for Texas, the Office of Pecos
32-26 River Compact Commissioner for Texas, the Office of Red River
32-27 Compact Commissioner for Texas, the Office of Rio Grande Compact
33-1 Commissioner for Texas, the Office of Sabine River Compact
33-2 Administrator for Texas, the Multi-State Water Resources Planning
33-3 Commission, and the Texas Water Development Board.
33-4 Sec. 25. PENSIONS AND INVESTMENTS. The committee shall have
33-5 nine members, with jurisdiction over all matters pertaining to:
33-6 (1) benefits or participation in benefits of a public
33-7 retirement system and the financial obligations of a public
33-8 retirement system;
33-9 (2) the regulation of securities and investments; and
33-10 (3) the following state agencies: the Office of Fire
33-11 Fighters' Pension Commissioner, the State Board of Trustees of the
33-12 Teacher Retirement System, the State Board of Trustees of the
33-13 Employees Retirement System, the Board of Trustees of the Texas
33-14 County and District Retirement System, the Board of Trustees of the
33-15 Texas Municipal Retirement System, the State Pension Review Board,
33-16 and the State Securities Board.
33-17 Sec. 26. PUBLIC EDUCATION. The committee shall have nine
33-18 members, with jurisdiction over all matters pertaining to:
33-19 (1) the public schools and the public school system of
33-20 Texas;
33-21 (2) the state programming of elementary and secondary
33-22 education for the public school system of Texas;
33-23 (3) proposals to create, change, or otherwise alter
33-24 school districts of the state; and
33-25 (4) the following state agencies: the State Board of
33-26 Education, the Texas [Central] Education Agency, the Office of
33-27 Compact for Education Commissioner for Texas, the Office of
34-1 Southern Regional Education Compact Commissioner for Texas, the
34-2 Texas School for the Blind and Visually Impaired, the State Board
34-3 for Educator Certification, and the Texas School for the Deaf.
34-4 Sec. 27. PUBLIC HEALTH. The committee shall have nine
34-5 members, with jurisdiction over all matters pertaining to:
34-6 (1) the protection of public health, including
34-7 supervision and control of the practice of medicine and dentistry
34-8 and other allied health services;
34-9 (2) mental health and mental retardation and the
34-10 development of programs incident thereto;
34-11 (3) the prevention and treatment of mental illness and
34-12 mental retardation;
34-13 (4) oversight of the Health and Human Services
34-14 Commission as it relates to the subject matter jurisdiction of this
34-15 committee; and
34-16 (5) the following state agencies: the Texas
34-17 Department of Mental Health and Mental Retardation, the Department
34-18 of Health, the Board of Health, the Texas Commission on Alcohol and
34-19 Drug Abuse, the Anatomical Board of the State of Texas, the Texas
34-20 Funeral Service Commission, the State Committee of Examiners in the
34-21 Fitting and Dispensing of Hearing Instruments, the Board of
34-22 Vocational Nurse Examiners, the Texas Optometry Board, the
34-23 Radiation Advisory Board, the Texas State Board of Pharmacy, the
34-24 Board of Nurse Examiners, the Texas Board of Nursing Facility
34-25 Administrators, The Texas Board of Chiropractic Examiners, the
34-26 Texas Board of Physical Therapy Examiners, the Texas State Board of
34-27 Podiatric Medical [Podiatry] Examiners, the Texas State Board of
35-1 Examiners of Psychologists, the State Board of Dental Examiners,
35-2 the Texas State Board of Medical Examiners, the Advisory Board of
35-3 Athletic Trainers, the Dental Hygiene Advisory Committee, the
35-4 Hospital Licensing Advisory Council, the State Board of Barber
35-5 Examiners, the Texas Cosmetology Commission, the Interagency
35-6 Council on Early Childhood Intervention Services, the Texas Cancer
35-7 Council, the State Board of Acupuncture Examiners, the Health
35-8 Professions Council, the Texas Board of Occupational Therapy
35-9 Examiners, the Texas State Board of Examiners of Perfusionists, the
35-10 Texas Health Care Information Council, and the Texas Hospital
35-11 Equipment Financing Council.
35-12 Sec. 28. PUBLIC SAFETY. The committee shall have nine
35-13 members, with jurisdiction over all matters pertaining to:
35-14 (1) public safety and emergency preparedness,
35-15 enforcement, and development;
35-16 (2) the prevention of crime and the apprehension of
35-17 criminals;
35-18 (3) the provision of security services by private
35-19 entities; and
35-20 (4) the following state agencies: the Commission on
35-21 Law Enforcement Officer Standards and Education, the Department of
35-22 Public Safety, the Polygraph Examiners Board, the Texas Board of
35-23 Private Investigators and Private Security Agencies, the Division
35-24 of Emergency Management, the Emergency Management Council, the
35-25 Advisory Commission on State Emergency Communications, and the
35-26 Crime Stoppers Advisory Council.
35-27 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
36-1 have 11 members, with jurisdiction over all matters pertaining to:
36-2 (1) legislative districts, both house and senate, and
36-3 any changes or amendments;
36-4 (2) congressional districts, their creation, and any
36-5 changes or amendments;
36-6 (3) establishing districts for the election of
36-7 judicial officers or of governing bodies or representatives of
36-8 political subdivisions or state agencies as required by law; and
36-9 (4) preparations for the redistricting process.
36-10 Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
36-11 shall have 11 members, with jurisdiction over:
36-12 (1) Rules of Procedure of the House of
36-13 Representatives, and all proposed amendments;
36-14 (2) Joint Rules of the House and Senate, and all
36-15 proposed amendments;
36-16 (3) all procedures for expediting the business of the
36-17 house in an orderly and efficient manner;
36-18 (4) all resolutions to congratulate, memorialize, or
36-19 name mascots of the house; and
36-20 (5) other matters concerning rules, procedures, and
36-21 operation of the house assigned by the speaker.
36-22 Sec. 31. STATE AFFAIRS. The committee shall have 15
36-23 members, with jurisdiction over all matters pertaining to:
36-24 (1) questions and matters of state policy;
36-25 (2) the administration of state government;
36-26 (3) the organization, powers, regulation, and
36-27 management of state departments and agencies;
37-1 (4) the operation and regulation of public lands and
37-2 state buildings;
37-3 (5) the organization, regulation, operation, and
37-4 management of state institutions;
37-5 (6) the duties and conduct of officers and employees
37-6 of the state government;
37-7 (7) the duties and conduct of candidates for public
37-8 office and of persons with an interest in influencing public
37-9 policy;
37-10 (8) the various branches of the military service of
37-11 the United States;
37-12 (9) the defense of the state and nation;
37-13 (10) veterans of military and related services;
37-14 (11) the operation of state government and its
37-15 agencies and departments; all of above except where jurisdiction is
37-16 specifically granted to some other standing committee;
37-17 (12) access of the state agencies to scientific and
37-18 technological information; and
37-19 (13) the following state agencies: the Council of
37-20 State Governments, the National Conference of State Legislatures,
37-21 the Commission on Human Rights, the Governor's Office, the General
37-22 Services Commission, the Texas National Guard Armory Board, the
37-23 Adjutant General's Department, the Texas Veterans Commission, the
37-24 State Aircraft Pooling Board, the State Conservatorship Board, the
37-25 Texas Incentive and Productivity Commission, the Texas Ethics
37-26 Commission, the Department of Information Resources, the Public
37-27 Utility Commission of Texas, the Office of Public Utility Counsel,
38-1 the Inaugural Endowment Fund Committee, the Telecommunications
38-2 Infrastructure Fund Board, and the Sunset Advisory Commission.
38-3 Sec. 32. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
38-4 committee shall have nine members, with jurisdiction over all
38-5 matters pertaining to:
38-6 (1) federal and international commerce and trade;
38-7 (2) the relations between the State of Texas and the
38-8 federal government;
38-9 (3) the relations between the State of Texas and other
38-10 sovereign states of the United States;
38-11 (4) the relations between the State of Texas and other
38-12 nations;
38-13 (5) international trade, economic development, tourist
38-14 development, and goodwill;
38-15 (6) cultural resources and their promotion,
38-16 development, and regulation;
38-17 (7) historical resources and their promotion,
38-18 development, and regulation;
38-19 (8) promotion and development of Texas' image and
38-20 heritage;
38-21 (9) preservation and protection of Texas' shrines,
38-22 monuments, and memorials;
38-23 (10) interstate tourist promotion and development; and
38-24 (11) the following state agencies: the Office of
38-25 State-Federal Relations, [the Antiquities Committee,] the Texas
38-26 Commission on the Arts, the Texas State Library and Archives
38-27 Commission, the Texas Historical Commission, and the San Jacinto
39-1 Historical Advisory Board.
39-2 Sec. 33. STATE RECREATIONAL RESOURCES. The committee shall
39-3 have nine members, with jurisdiction over:
39-4 (1) the creation, operation, and control of state
39-5 parks;
39-6 (2) the regulation and control of the propagation and
39-7 preservation of wildlife and fish in the state;
39-8 (3) the development and regulation of the fish and
39-9 oyster industries of the state;
39-10 (4) hunting and fishing in the state, and the
39-11 regulation and control thereof;
39-12 (5) the regulation of other recreational activities;
39-13 and
39-14 (6) the following state agencies: the Office of Gulf
39-15 States Marine Fisheries Compact Commissioner for Texas and the
39-16 Parks and Wildlife Department.
39-17 Sec. 34. TRANSPORTATION. The committee shall have nine
39-18 members, with jurisdiction over all matters pertaining to:
39-19 (1) commercial motor vehicles, both bus and truck, and
39-20 their control, regulation, licensing, and operation;
39-21 (2) the Texas highway system, including all roads,
39-22 bridges, and ferries constituting a part of the system;
39-23 (3) the licensing of private passenger vehicles to
39-24 operate on the roads and highways of the state;
39-25 (4) the regulation and control of traffic on the
39-26 public highways of the State of Texas;
39-27 (5) railroads, street railway lines, interurban
40-1 railway lines, steamship companies, and express companies;
40-2 (6) airports, air traffic, airlines, and other
40-3 organizations engaged in transportation by means of aerial flight;
40-4 (7) water transportation in the State of Texas, and
40-5 the rivers, harbors, and related facilities used in water
40-6 transportation and the agencies of government exercising
40-7 supervision and control thereover; and
40-8 (8) the following state agencies: the Texas
40-9 Department of Transportation, the Texas Transportation Commission,
40-10 [the Texas High-Speed Rail Authority,] and the Texas Turnpike
40-11 Authority.
40-12 Sec. 35. URBAN AFFAIRS. The committee shall have nine
40-13 members, with jurisdiction over all matters pertaining to:
40-14 (1) cities, municipalities, and town corporations,
40-15 including their creation, organization, powers, government, and
40-16 finance, and the compensation and duties of their officers and
40-17 employees;
40-18 (2) home-rule cities, their relationship to the state,
40-19 and their powers, authority, and limitations;
40-20 (3) the creation or change of metropolitan areas and
40-21 the form of government under which those areas operate;
40-22 (4) the regulation of metropolitan transit;
40-23 (5) problems and issues particularly affecting
40-24 metropolitan areas of the state;
40-25 (6) other units of local government not otherwise
40-26 assigned by these rules to other standing committees;
40-27 (7) establishing districts for the election of
41-1 governing bodies of cities; and
41-2 (8) the following state agencies: the Texas
41-3 Department of Housing and Community Affairs and the Texas
41-4 Commission on Fire Protection.
41-5 Sec. 36. WAYS AND MEANS. The committee shall have 11
41-6 members, with jurisdiction over:
41-7 (1) all bills and resolutions proposing to raise
41-8 revenue;
41-9 (2) all bills or resolutions proposing to levy taxes
41-10 or other fees;
41-11 (3) all proposals to modify, amend, or change any
41-12 existing tax or revenue statute;
41-13 (4) all proposals to regulate the manner of collection
41-14 of state revenues and taxes;
41-15 (5) all bills and resolutions containing provisions
41-16 resulting in automatic allocation of funds from the state
41-17 treasury;
41-18 (6) all bills and resolutions diverting funds from the
41-19 state treasury or preventing funds from going in that otherwise
41-20 would be placed in the state treasury;
41-21 (7) all bills and resolutions proposing to levy taxes
41-22 or raise revenue for all units of government and regulating the
41-23 collection thereof;
41-24 (8) all bills and resolutions relating to the Property
41-25 Tax Code; and
41-26 (9) the following state agencies: the Office of
41-27 Multistate Tax Compact Commissioner for Texas, the State
42-1 Comptroller of Public Accounts, and the Board of Tax Professional
42-2 Examiners.
43-1 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
43-2 CHAPTER A. ORGANIZATION
43-3 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
43-4 committees of the house, and the number of members and general
43-5 jurisdiction of each, shall be as enumerated in Rule 3.
43-6 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
43-7 standing committees shall be determined at the beginning of each
43-8 regular session in the following manner:
43-9 (1) A maximum of one-half of the membership on each
43-10 standing substantive committee, exclusive of the chair and
43-11 vice-chair, shall be determined by seniority. The remaining
43-12 membership of the committee shall be appointed by the speaker.
43-13 (2) Each member of the house, in order of seniority,
43-14 may designate three committees on which he or she desires to serve,
43-15 listed in order of preference. The member is entitled to become a
43-16 member of the committee of his or her highest preference on which
43-17 there remains a vacant seniority position.
43-18 (3) If members of equal seniority request the same
43-19 committee, the speaker shall appoint the member from among those
43-20 requesting that committee. Seniority, as the term is used in this
43-21 subsection, shall mean years of cumulative service as a member of
43-22 the house of representatives.
43-23 (4) After each member of the house has selected one
43-24 committee on the basis of seniority, the remaining membership on
43-25 each standing committee shall be filled by appointment of the
43-26 speaker, subject to the limitations imposed in this chapter.
43-27 (5) Seniority shall not apply to a procedural
44-1 committee. For purposes of these rules, the procedural committees
44-2 are the Committee on Calendars, the Committee on Local and Consent
44-3 Calendars, the Committee on Rules and Resolutions, the General
44-4 Investigating Committee, the Committee on House Administration, and
44-5 the Committee on Redistricting. The entire membership of these
44-6 committees shall be appointed by the speaker.
44-7 (6) In announcing the membership of committees, the
44-8 speaker shall designate those appointed by the speaker and those
44-9 acquiring membership by seniority.
44-10 (7) The speaker shall designate the chair and
44-11 vice-chair from the total membership of the committee.
44-12 (b) In the event of an election contest that is not resolved
44-13 prior to the determination of the membership of standing
44-14 committees, the representative of the district that is the subject
44-15 of the contest is not entitled to select a committee on the basis
44-16 of seniority. Committee appointments on behalf of that district
44-17 shall be designated by the district number.
44-18 (c) In the event of a vacancy in a representative district
44-19 that has not been filled at the time of the determination of the
44-20 membership of standing committees, the representative of the
44-21 district who fills that vacancy shall not be entitled to select a
44-22 committee on the basis of seniority. Committee appointments on
44-23 behalf of that district shall be designated by the district
44-24 number.
44-25 (d) In the event that a member-elect of the current
44-26 legislature has not taken the oath of office by the end of the
44-27 ninth day of the regular session, the representative of that
45-1 district shall not be entitled to select a committee on the basis
45-2 of seniority. If the member-elect has not taken the oath of office
45-3 by the time committee appointments are announced, committee
45-4 appointments on behalf of that district shall be designated by
45-5 district number.
45-6 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
45-7 and vice-chair, members of a standing committee shall rank
45-8 according to their seniority.
45-9 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
45-10 is subject to the following restrictions:
45-11 (1) No member shall serve concurrently on more than
45-12 two standing substantive committees.
45-13 (2) A member serving as chair of the Committee on
45-14 Appropriations or the Committee on State Affairs may not serve on
45-15 any other substantive committee.
45-16 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
45-17 occur on a standing committee subsequent to its organization, the
45-18 speaker shall appoint an eligible member to fill the vacancy.
45-19 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
45-20 shall:
45-21 (1) be responsible for the effective conduct of the
45-22 business of the committee;
45-23 (2) appoint all subcommittees and determine the number
45-24 of members to serve on each subcommittee;
45-25 (3) in consultation with members of the committee,
45-26 schedule the work of the committee and determine the order in which
45-27 the committee shall consider and act on bills, resolutions, and
46-1 other matters referred to the committee;
46-2 (4) have authority to employ and discharge the staff
46-3 and employees authorized for the committee and have supervision and
46-4 control over all the staff and employees;
46-5 (5) direct the preparation of all committee reports.
46-6 No committee report shall be official until signed by the chair of
46-7 the committee, or by the person acting as chair, or by a majority
46-8 of the membership of the committee;
46-9 (6) determine the necessity for public hearings,
46-10 schedule hearings, and be responsible for posting notice of
46-11 hearings as required by the rules;
46-12 (7) preside at all meetings of the committee and
46-13 control its deliberations and activities in accordance with
46-14 acceptable parliamentary procedure; and
46-15 (8) have authority to direct the sergeant-at-arms to
46-16 assist, where necessary, in enforcing the will of the committee.
46-17 Sec. 7. BILL ANALYSES. In addition to other duties that may
46-18 be assigned by the chair, the staff of each standing committee
46-19 shall be responsible for providing an analysis of each bill or
46-20 joint resolution referred to the committee and for distributing
46-21 copies of the analysis to each member of the committee at the
46-22 earliest possible opportunity but not later than the first time the
46-23 measure is laid out in a committee meeting. The chair of the
46-24 committee may request the author or sponsor of a bill or joint
46-25 resolution to provide the committee with the analysis required by
46-26 this section. If not obtained from the author or sponsor, the
46-27 analysis shall be prepared under the direction of the chair. All
47-1 analyses shall be approved by the chair as to form and content
47-2 before distribution to other members of the committee.
47-3 CHAPTER B. PROCEDURE
47-4 Sec. 8. MEETINGS. (a) As soon as practicable after
47-5 standing committees are constituted and organized, the Committee
47-6 on House Administration shall prepare a schedule for regular
47-7 meetings of all standing committees. This schedule shall be
47-8 published in the house journal and posted in a convenient and
47-9 conspicuous place near the entrance to the house and on other
47-10 posting boards for committee meeting notices, as determined
47-11 necessary by the Committee on House Administration.
47-12 To the extent practicable during each regular session,
47-13 standing committees shall conduct regular committee meetings in
47-14 accordance with the schedule of meetings prepared by the Committee
47-15 on House Administration.
47-16 (b) Standing committees shall meet at other times as may be
47-17 determined by the committee, or as may be called by the chair.
47-18 Subcommittees of standing committees shall likewise meet at other
47-19 times as may be determined by the committee, or as may be called by
47-20 the chair of the committee or subcommittee.
47-21 Committees shall also meet in such places and at such times
47-22 as the speaker may designate.
47-23 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
47-24 committee or subcommittee shall meet during the time the house is
47-25 in session without permission being given by a majority vote of the
47-26 house. No standing committee or subcommittee shall conduct its
47-27 meeting on the floor of the house or in the house chamber while the
48-1 house is in session, but shall, if given permission to meet while
48-2 the house is in session, retire to a designated committee room for
48-3 the conduct of its meeting.
48-4 Sec. 10. PURPOSES FOR MEETING. A committee or a
48-5 subcommittee may be assembled for:
48-6 (1) a public hearing where testimony is to be heard,
48-7 and where official action may be taken, on bills, resolutions, or
48-8 other matters;
48-9 (2) a formal meeting where the committee may discuss
48-10 and take official action on bills, resolutions, or other matters
48-11 without testimony; and
48-12 (3) a work session where the committee may discuss
48-13 bills, resolutions, or other matters but take no formal action.
48-14 Sec. 11. POSTING NOTICE. (a) No committee or subcommittee,
48-15 including a calendars committee, shall assemble for the purpose of
48-16 a public hearing during a regular session unless notice of the
48-17 hearing has been posted in accordance with the rules at least five
48-18 calendar days in advance of the hearing. No committee or
48-19 subcommittee, including a calendars committee, shall assemble for
48-20 the purpose of a public hearing during a special session unless
48-21 notice of the hearing has been posted in accordance with the rules
48-22 at least 24 hours in advance of the hearing. The committee minutes
48-23 shall reflect the date of each posting of notice. Notice shall not
48-24 be required for a public hearing on a senate bill which is
48-25 substantially the same as a house bill that has previously been the
48-26 subject of a duly posted public hearing by the committee.
48-27 (b) No committee or subcommittee, including a calendars
49-1 committee, shall assemble for the purpose of a formal meeting or
49-2 work session during a regular or special session unless written
49-3 notice has been posted and transmitted to each member of the
49-4 committee two hours in advance of the meeting or an announcement
49-5 has been filed with the journal clerk and read by the reading clerk
49-6 while the house is in session.
49-7 (c) All committees meeting during the interim for the
49-8 purpose of a formal meeting, work session, or public hearing shall
49-9 post notice in accordance with the rules and notify members of the
49-10 committee at least five calendar days in advance of the meeting.
49-11 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
49-12 committee or subcommittee, including a calendars committee, shall
49-13 be open to other members, the press, and the public unless
49-14 specifically provided otherwise by resolution adopted by the house.
49-15 However, the general investigating committee or a committee
49-16 considering an impeachment, an address, the punishment of a member
49-17 of the house, or any other matter of a quasi-judicial nature may
49-18 meet in executive session for the limited purpose of examining a
49-19 witness or deliberating, considering, or debating a decision, but
49-20 no decision may be made or voted on except in a meeting that is
49-21 open to the public and otherwise in compliance with the rules of
49-22 the house.
49-23 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
49-24 Procedure of the House of Representatives, and to the extent
49-25 applicable, the rules of evidence and procedure in the civil courts
49-26 of Texas, shall govern the hearings and operations of each
49-27 committee, including a calendars committee. Subject to the
50-1 foregoing, and to the extent necessary for orderly transaction of
50-2 business, each committee may promulgate and adopt additional rules
50-3 and procedures by which it will function.
50-4 (b) No standing committee, including a calendars committee,
50-5 or any subcommittee, shall adopt any rule of procedure, including
50-6 but not limited to an automatic subcommittee rule, which will have
50-7 the effect of thwarting the will of the majority of the committee
50-8 or subcommittee or denying the committee or subcommittee the right
50-9 to ultimately dispose of any pending matter by action of a majority
50-10 of the committee or subcommittee. A bill or resolution may not be
50-11 laid on the table subject to call in committee without a majority
50-12 vote of the committee.
50-13 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
50-14 rulings of the chair of a committee shall be in order if seconded
50-15 by three members of the committee, which may include the member
50-16 making the appeal. Procedure in committee following an appeal
50-17 which has been seconded shall be the same as the procedure followed
50-18 in the house in a similar situation.
50-19 Sec. 15. PREVIOUS QUESTION. Before the previous question
50-20 can be ordered in a committee, the motion therefor must be seconded
50-21 by not less than 4 members of a committee consisting of 21 or more
50-22 members, 3 members of a committee consisting of less than 21
50-23 members and more than 10 members, or 2 members of a committee
50-24 consisting of 10 members or less. If the motion is properly
50-25 seconded and ordered by a majority vote of the committee, further
50-26 debate on the proposition under consideration shall be terminated,
50-27 and the proposition shall be immediately put to a vote of the
51-1 committee for its action.
51-2 Sec. 16. QUORUM. A majority of a committee shall constitute
51-3 a quorum. No action or recommendation of a committee shall be
51-4 valid unless taken at a meeting of the committee with a quorum
51-5 actually present, and the committee minutes shall reflect the names
51-6 of those members of the committee who were actually present. No
51-7 committee report shall be made to the house nor shall bills or
51-8 resolutions be placed on a calendar unless ordered by a majority of
51-9 the membership of the committee, except as otherwise provided in
51-10 the rules, and a quorum of the committee must be present when the
51-11 vote is taken on reporting a bill or resolution, on placing bills
51-12 or resolutions on a calendar, or on taking any other formal action
51-13 within the authority of the committee. No committee report shall
51-14 be made nor shall bills or resolutions be placed on a calendar
51-15 except by record vote of the members of the committee, with the
51-16 yeas and nays to be recorded in the minutes of the committee.
51-17 Proxies cannot be used in committees.
51-18 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
51-19 order to move a call of a committee at any time to secure and
51-20 maintain a quorum for any one or more of the following purposes:
51-21 (1) for the consideration of a specific bill,
51-22 resolution, or other matter;
51-23 (2) for a definite period of time; or
51-24 (3) for the consideration of any designated class of
51-25 bills or other matters.
51-26 (b) When a call of a committee is moved for one or more of
51-27 the foregoing purposes and seconded by two members, one of whom may
52-1 be the chair, and is ordered by a majority of the members present,
52-2 no member shall thereafter be permitted to leave the committee
52-3 meeting without written permission from the chair. After the call
52-4 is ordered, and in the absence of a quorum, the chair shall have
52-5 the authority to authorize the sergeant-at-arms to locate absent
52-6 members of the committee and to compel their attendance for the
52-7 duration of the call.
52-8 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
52-9 including a calendars committee, the chair, or the member acting
52-10 as chair, shall keep complete minutes of the proceedings in
52-11 committee, which shall include:
52-12 (1) the time and place of each meeting of the
52-13 committee;
52-14 (2) a roll call to determine the members present at
52-15 each meeting of the committee, whether that meeting follows an
52-16 adjournment or a recess from a previous committee meeting;
52-17 (3) an accurate record of all votes taken, including a
52-18 listing of the yeas and nays cast on a record vote;
52-19 (4) the date of posting of notice of the meeting; and
52-20 (5) other information that the chair shall determine.
52-21 (b) The minutes for each public hearing of a committee shall
52-22 also include an attachment listing the names of the persons, and
52-23 the persons or entities represented by those persons, who were
52-24 recognized by the chair to address the committee in favor of, in
52-25 opposition to, or without taking a position on a measure or other
52-26 matter before the committee.
52-27 (c) Committee minutes shall be corrected only at the
53-1 direction of the chair as authorized by a majority vote of the
53-2 committee. Duplicate originals of committee minutes shall be
53-3 maintained, one to remain with the committee chair and the other to
53-4 be filed with the chief clerk. The committee minutes of a meeting
53-5 of the Appropriations Committee on the general appropriations bill
53-6 must be filed with the chief clerk within five days of the
53-7 committee meeting. All other committee minutes must be filed with
53-8 the chief clerk within three days of the committee meeting for a
53-9 substantive committee, and within one day of the committee meeting
53-10 for a procedural committee. If the date on which the committee
53-11 minutes are due occurs on a Saturday, Sunday, or holiday on which
53-12 the house is not in session, the committee minutes shall be filed
53-13 on the following working day. The time at which the minutes are
53-14 filed shall be time-stamped on the duplicate originals of the
53-15 minutes that are filed with the chief clerk. The duplicate
53-16 originals shall be available at all reasonable business hours for
53-17 inspection by members or the public.
53-18 (d) [(c)] The chief clerk shall maintain the minutes and
53-19 records safe from loss, destruction, and alteration at all times,
53-20 and may, at any time, turn them, or any portion, over to the
53-21 Committee on House Administration.
53-22 Sec. 19. RECORDING OF TESTIMONY. All testimony before
53-23 committees and subcommittees shall be electronically recorded under
53-24 the direction of the Committee on House Administration. Copies of
53-25 the testimony may be released under guidelines promulgated by the
53-26 Committee on House Administration.
53-27 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The chief
54-1 clerk, under the direction of the Committee on House
54-2 Administration, shall prescribe the form of a sworn statement to be
54-3 executed by all persons, other than members, who wish to be
54-4 recognized by the chair to address the committee. The statement
54-5 shall provide for showing at least:
54-6 (1) the committee or subcommittee;
54-7 (2) the name, home address, business address, and
54-8 telephone number of the person appearing;
54-9 (3) the person, firm, corporation, class, or group
54-10 represented;
54-11 (4) the type of business, profession, or occupation of
54-12 the person or entity represented;
54-13 (5) the business address of the person or entity
54-14 represented; and
54-15 (6) the matter before the committee on which the
54-16 person wishes to be recognized to address the committee and
54-17 whether for, against, or neutral on the matter.
54-18 (b) No person shall be recognized by the chair to address
54-19 the committee in favor of, in opposition to, or without taking a
54-20 position on a matter until the sworn statement has been filed with
54-21 the chair of the committee. The chair of the committee shall
54-22 indicate on the sworn statement whether the person completing the
54-23 statement was recognized to address the committee.
54-24 (c) All sworn statements for those persons recognized by the
54-25 chair to address the committee shall accompany the copy of the
54-26 minutes of the meeting filed with the chief clerk.
54-27 (d) All persons, other than members, recognized by the chair
55-1 to address the committee shall give their testimony under oath, and
55-2 each committee may avail itself of additional powers and
55-3 prerogatives authorized by law.
55-4 Sec. 21. POWER TO ISSUE PROCESS. By a record vote of not
55-5 less than two-thirds of those present and voting, a quorum being
55-6 present, each standing committee shall have the power and authority
55-7 to issue process to witnesses at any place in the State of Texas,
55-8 to compel their attendance, and to compel the production of all
55-9 books, records, and instruments. If necessary to obtain compliance
55-10 with subpoenas or other process, the committee shall have the power
55-11 to issue writs of attachment. All process issued by the committee
55-12 may be addressed to and served by an agent of the committee or a
55-13 sergeant-at-arms appointed by the committee or by any peace officer
55-14 of the State of Texas. The committee shall also have the power to
55-15 cite and have prosecuted for contempt, in the manner provided by
55-16 law, anyone disobeying the subpoenas or other process lawfully
55-17 issued by the committee. The chair of the committee shall issue,
55-18 in the name of the committee, the subpoenas and other process as
55-19 the committee may direct.
55-20 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
55-21 prior approval by the Committee on House Administration, witnesses
55-22 attending proceedings of any committee under process of the
55-23 committee shall be allowed the same mileage and per diem as are
55-24 allowed members of the committee when in a travel status, to be
55-25 paid out of the contingent expense fund of the house of
55-26 representatives on vouchers approved by the chair of the committee,
55-27 the chair of the Committee on House Administration, and the speaker
56-1 of the house.
56-2 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
56-3 Each committee is authorized to request the assistance, when
56-4 needed, of all state departments, agencies, and offices, and it
56-5 shall be the duty of the departments, agencies, and offices to
56-6 assist the committee when requested to do so. Each committee shall
56-7 have the power and authority to inspect the records, documents, and
56-8 files of every state department, agency, and office, to the extent
56-9 necessary to the discharge of its duties within the area of its
56-10 jurisdiction.
56-11 CHAPTER C. COMMITTEE FUNCTIONS
56-12 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
56-13 by subcommittees, are hereby authorized to conduct studies that are
56-14 authorized by the speaker pursuant to Rule 1, Section 17. Studies
56-15 may not be authorized by resolution. The speaker may appoint
56-16 public citizens and officials of state and local governments to
56-17 standing committees to augment the membership for the purpose of
56-18 interim studies and shall provide a list of such appointments to
56-19 the chief clerk. The chair of the standing committee shall have
56-20 authority to name the subcommittees necessary and desirable for the
56-21 conduct of the interim studies and shall also prepare a budget for
56-22 interim studies for approval by the Committee on House
56-23 Administration.
56-24 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
56-25 CALENDAR. No motion is in order in a committee considering a bill,
56-26 resolution, or other matter that would prevent the committee from
56-27 reporting it back to the house or placing it on a calendar in
57-1 accordance with the Rules of the House.
57-2 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
57-3 committee on bills or resolutions referred to it shall be
57-4 considered as final unless it is in the form of a favorable report,
57-5 an unfavorable report, or a report of inability to recommend a
57-6 course of action.
57-7 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
57-8 committee to report favorably or unfavorably must receive
57-9 affirmative majority votes, majority negative votes to either
57-10 motion being insufficient to report. If a committee is unable to
57-11 agree on a recommendation for action, as in the case of a tie vote,
57-12 it should submit a statement of this fact as its report, and the
57-13 house shall decide, by a majority vote, the disposition of the
57-14 matter by one of the following alternatives:
57-15 (1) leave the bill in the committee for further
57-16 consideration;
57-17 (2) refer the bill to some other committee; or
57-18 (3) order the bill printed, in which case the bill
57-19 shall go to the Committee on Calendars for placement on a calendar
57-20 and for proposal of an appropriate rule for house consideration.
57-21 Sec. 28. MINORITY REPORTS. The report of a minority of a
57-22 committee shall be made in the same general form as a majority
57-23 report. No minority report shall be recognized by the house unless
57-24 it has been signed by not less than 4 members of a committee
57-25 consisting of 21 or more members, 3 members of a committee
57-26 consisting of less than 21 members and more than 10 members, or 2
57-27 members of a committee consisting of 10 or less members. Only
58-1 members who were present when the vote was taken on the bill,
58-2 resolution, or other matter being reported, and who voted on the
58-3 losing side, may sign a minority report. Notice of intention to
58-4 file a minority report shall be given to the assembled committee
58-5 after the vote on the bill, resolution, or other matter, and before
58-6 the recess or adjournment of the committee, provided ample
58-7 opportunity is afforded for the giving of notice; otherwise, notice
58-8 may be given in writing to the chief clerk within 24 hours after
58-9 the recess or adjournment of the committee.
58-10 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
58-11 majority report on a bill is unfavorable, and a favorable minority
58-12 report is not signed in accordance with Section 28 of this rule
58-13 and filed with the chief clerk within two calendar days, exclusive
58-14 of Sunday and the date of committee action, the chief clerk shall
58-15 file the bill away as dead; except during the last 15 calendar days
58-16 of a regular session, or the last 7 calendar days of a special
58-17 session, when the chief clerk shall hold a bill only one calendar
58-18 day, exclusive of Sunday and the date of committee action, awaiting
58-19 the filing of a minority report before the bill is filed away as
58-20 dead. If the favorable minority report is properly signed and
58-21 filed, the chief clerk shall hold the bill for five legislative
58-22 days, exclusive of the legislative day in which the minority report
58-23 was filed, awaiting adoption by the house of a motion to print the
58-24 bill on minority report. If the motion to print is carried, the
58-25 bill shall be printed as if it had been reported favorably, and
58-26 shall then be immediately forwarded to the Committee on Calendars
58-27 for placement on a calendar and for proposal of an appropriate
59-1 rule for house consideration. If a motion to print a bill on
59-2 minority report is not made within the five legislative days
59-3 authorized above, the chief clerk shall file the bill away as dead.
59-4 It shall not be in order to move to recommit a bill adversely
59-5 reported with no minority report, except as provided in Section 30
59-6 of this rule. A two-thirds vote of the house shall be required to
59-7 print on minority report a joint resolution proposing an amendment
59-8 to the Constitution of Texas.
59-9 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE AUTHOR.
59-10 No adverse report shall be made on any bill or resolution by any
59-11 committee without first giving the author or sponsor of the bill an
59-12 opportunity to be heard. If it becomes evident to the house that a
59-13 bill has been reported adversely without the author or sponsor
59-14 having had an opportunity to be heard as provided in this section,
59-15 the house may, by a majority vote, order the bill recommitted even
59-16 though no minority report was filed in the manner prescribed by the
59-17 rules. This provision shall have precedence over Rule 7, Section
59-18 20.
59-19 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
59-20 reported adversely, it shall be subject to the same rules that
59-21 govern other bills reported adversely.
59-22 Sec. 32. FORM OF REPORTS. (a) Reports of standing
59-23 committees on bills and resolutions shall be made in duplicate,
59-24 with one copy to be filed with the journal clerk for printing in
59-25 the journal and the other to accompany the original bill.
59-26 (b) All committee reports must be in writing and shall:
59-27 (1) be signed by the chair, or the member acting as
60-1 chair, or a majority of the membership of the committee;
60-2 (2) be addressed to the speaker;
60-3 (3) contain a statement of the recommendations of the
60-4 committee with reference to the matter which is the subject of the
60-5 report;
60-6 (4) contain the date the committee made its
60-7 recommendation;
60-8 (5) indicate whether a copy of a bill or resolution
60-9 was forwarded to the Legislative Budget Board for preparation of a
60-10 fiscal note or other impact statement, if applicable;
60-11 (6) contain the record vote by which the report was
60-12 adopted, including the vote of each member of the committee;
60-13 (7) contain the recommendation that the bill or
60-14 resolution be sent to the Committee on Local and Consent Calendars
60-15 for placement on an appropriate calendar if applicable;
60-16 (8) state the name of the primary house sponsor of all
60-17 senate bills and resolutions and indicate the names of all joint
60-18 sponsors or cosponsors; [and]
60-19 (9) include a summary of the committee hearing on the
60-20 bill or resolution; and
60-21 (10) include[, including] a list of the names of the
60-22 persons, and persons or entities represented by those persons, who
60-23 were recognized by the chair to address the committee in favor of,
60-24 in opposition to, or without taking a position on the bill or
60-25 resolution. [The chief clerk shall determine whether the summary
60-26 shall be included as part of the analysis or as a separate part of
60-27 the committee report.]
61-1 (c) Except for the general appropriations bill, each
61-2 committee report on a bill or joint resolution, including a
61-3 complete committee substitute, and, to the extent considered
61-4 necessary by the committee, a committee report on any other
61-5 resolution, must include in summary form a detailed analysis of the
61-6 subject matter of the bill or resolution, specifically including:
61-7 (1) background information on the proposal;
61-8 (2) what the bill or resolution proposes to do;
61-9 (3) an analysis of the content of the bill or
61-10 resolution;
61-11 (4) a statement indicating whether or not any
61-12 rulemaking authority is expressly delegated to a state officer,
61-13 department, agency, or institution, and, if so, identifying the
61-14 sections of the measure in which that rulemaking authority is
61-15 delegated;
61-16 (5) a statement of substantial differences between a
61-17 complete committee substitute and the original bill; and
61-18 (6) a brief explanation of each amendment adopted by
61-19 the committee.
61-20 (d) It shall be the duty of the committee chair, on all
61-21 matters reported by the committee, to see that all provisions of
61-22 Rule 12 are satisfied. The chair shall strictly construe this
61-23 provision to achieve the desired purposes.
61-24 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
61-25 committee determines that a bill or joint resolution, other than
61-26 the general appropriations bill, authorizes or requires the
61-27 expenditure or diversion of state funds for any purpose, the chair
62-1 shall send a copy of the measure to the Legislative Budget Board
62-2 for the preparation of a fiscal note outlining the fiscal
62-3 implications and probable cost of the measure.
62-4 (b) If the chair of a standing committee determines that a
62-5 bill or joint resolution has statewide impact on units of local
62-6 government of the same type or class and authorizes or requires the
62-7 expenditure or diversion of local funds, or creates or impacts a
62-8 local tax, fee, license charge, or penalty, the chair shall send a
62-9 copy of the measure to the Legislative Budget Board for the
62-10 preparation of a fiscal note outlining the fiscal implications and
62-11 probable cost of the measure.
62-12 (c) In preparing a fiscal note, the director of the
62-13 Legislative Budget Board may utilize information or data supplied
62-14 by any person, agency, organization, or governmental unit that the
62-15 director deems reliable. If the director determines that the fiscal
62-16 implications of the measure cannot be ascertained, the director
62-17 shall so state in the fiscal note, in which case the fiscal note
62-18 shall be in full compliance with the rules. If the director of the
62-19 Legislative Budget Board is unable to acquire or develop sufficient
62-20 information to prepare the fiscal note within 15 days of receiving
62-21 the measure from the chair of a committee, the director shall so
62-22 state in the fiscal note, in which case the note shall be in full
62-23 compliance with the rules.
62-24 (d) If the chair determines that a fiscal note is required,
62-25 copies of the fiscal note must be distributed to the members of the
62-26 committee not later than the first time the measure is laid out in
62-27 a committee meeting. The fiscal note shall be attached to the
63-1 measure on first printing. If the measure is amended by the
63-2 committee so as to alter its fiscal implications, the chair shall
63-3 obtain an updated fiscal note, which shall also be attached to the
63-4 measure on first printing.
63-5 (e) All fiscal notes shall remain with the measure
63-6 throughout the entire legislative process, including submission to
63-7 the governor.
63-8 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
63-9 this section that all members of the house are timely informed as
63-10 to the impact of proposed legislation on the state or other unit of
63-11 government.
63-12 (b) If the chair of a standing committee determines that a
63-13 bill or joint resolution:
63-14 (1) authorizes or requires a change in the sanctions
63-15 applicable to adults convicted of felony crimes, the chair shall
63-16 send a copy of the measure to the Legislative Budget Board for the
63-17 preparation of a criminal justice policy impact statement;
63-18 (2) authorizes or requires a change in the public
63-19 school finance system, the chair shall send a copy of the measure
63-20 to the Legislative Budget Board for the preparation of an equalized
63-21 education funding impact statement;
63-22 (3) proposes to change benefits or participation in
63-23 benefits of a public retirement system or change the financial
63-24 obligations of a public retirement system, the chair shall send a
63-25 copy of the measure to the Legislative Budget Board for the
63-26 preparation of an actuarial impact statement in cooperation with
63-27 the State Pension Review Board; [or]
64-1 (4) proposes to create a water district under the
64-2 authority of Article XVI, Section 59, of the Texas Constitution,
64-3 the chair shall send a copy of the measure to the Legislative
64-4 Budget Board for the preparation of a water development policy
64-5 impact statement; or
64-6 (5) creates or impacts a state tax or fee, the chair
64-7 shall send a copy of the measure to the Legislative Budget Board
64-8 for the preparation of a tax equity note that estimates the general
64-9 effects of the proposal on the distribution of tax and fee burdens
64-10 among individuals and businesses.
64-11 (c) In preparing an impact statement, the director of the
64-12 Legislative Budget Board may utilize information or data supplied
64-13 by any person, agency, organization, or governmental unit that the
64-14 director deems reliable. If the director determines that the
64-15 particular implications of the measure cannot be ascertained, the
64-16 director shall so state in the impact statement, in which case the
64-17 impact statement shall be in full compliance with the rules.
64-18 (d) An impact statement is not required to be present before
64-19 a measure is laid out in a committee meeting. If timely received,
64-20 the impact statement shall be attached to the measure on first
64-21 printing. If the measure is amended by the committee so as to
64-22 alter its particular implications, the chair shall obtain an
64-23 updated impact statement. If timely received, the updated impact
64-24 statement shall also be attached to the measure on first printing.
64-25 (e) An impact statement that is received after the first
64-26 printing of a measure has been distributed to the members shall be
64-27 forwarded by the chair of the committee to the chief clerk. The
65-1 chief clerk shall have the impact statement printed and distributed
65-2 to the members.
65-3 (f) All impact statements received shall remain with the
65-4 measure throughout the entire legislative process, including
65-5 submission to the governor.
65-6 Sec. 35. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
65-7 Committee reports on house and concurrent resolutions shall be made
65-8 in the same manner and shall follow the same procedure as provided
65-9 for bills, subject to any differences otherwise authorized or
65-10 directed by the rules.
65-11 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No action
65-12 by the house is necessary on the report of a standing committee.
65-13 The bill, resolution, or proposition recommended or reported by the
65-14 committee shall automatically be before the house for its
65-15 consideration after the bill or resolution has been referred to the
65-16 appropriate calendars committee for placement on a calendar and for
65-17 proposal of an appropriate rule for house consideration.
65-18 Sec. 37. REFERRAL OF REPORTS TO CHIEF CLERK. All committee
65-19 reports on bills or resolutions shall be immediately referred to
65-20 the chief clerk. The chair of the committee shall be responsible
65-21 for delivery of the report to the chief clerk.
65-22 Sec. 38. DELIVERY OF REPORTS TO CALENDARS COMMITTEES. After
65-23 printing, the chief clerk shall be responsible for delivery of a
65-24 certified copy of the committee report to the appropriate calendars
65-25 committee, which committee shall immediately accept the bill or
65-26 resolution for placement on a calendar and for the proposal of an
65-27 appropriate rule for house consideration.
66-1 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
66-2 power to amend, delete, or change in any way the nature, purpose,
66-3 or content of any bill or resolution referred to it, but may draft
66-4 and recommend amendments to it, which shall become effective only
66-5 if adopted by a majority vote of the house.
66-6 Sec. 40. SUBSTITUTES. The committee may adopt and report a
66-7 complete germane committee substitute containing the title,
66-8 enacting clause, and text of the bill in lieu of an original bill,
66-9 in which event the complete substitute bill on committee report
66-10 shall be laid before the house and shall be the matter then before
66-11 the house for its consideration, instead of the original bill. If
66-12 the substitute bill is defeated at any legislative stage, the bill
66-13 is considered not passed.
66-14 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
66-15 raised that a complete committee substitute is not germane, in
66-16 whole or in part, and the point of order is sustained, the
66-17 committee substitute shall be returned to the Committee on
66-18 Calendars, which may have the original bill printed and distributed
66-19 and placed on a calendar in lieu of the substitute or may return
66-20 the original bill to the committee from which it was reported for
66-21 further action.
66-22 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
66-23 REPORT. Should the author or sponsor of the bill, resolution, or
66-24 other proposal not be satisfied with the final recommendation or
66-25 form of the committee report, the member shall have the privilege
66-26 of offering on the floor of the house such amendments or changes as
66-27 he or she considers necessary and desirable, and those amendments
67-1 or changes shall be given priority during the periods of time when
67-2 original amendments are in order under the provisions of Rule 11,
67-3 Section 7.
67-4 CHAPTER D. SUBCOMMITTEES
67-5 Sec. 43. JURISDICTION. Each committee is authorized to
67-6 conduct its activities and perform its work through the use of
67-7 subcommittees as shall be determined by the chair of the committee.
67-8 Subcommittees shall be created, organized, and operated in such a
67-9 way that the subject matter and work area of each subcommittee
67-10 shall be homogeneous and shall pertain to related governmental
67-11 activities. The size and jurisdiction of each subcommittee shall
67-12 be determined by the chair of the committee, except that each
67-13 substantive committee, other than the Appropriations Committee,
67-14 shall have a subcommittee for oversight whose responsibility it
67-15 shall be to monitor the operations and performance of the state
67-16 agencies within the jurisdiction of the committee as provided in
67-17 Rule 3. When the subcommittee for oversight has been appointed,
67-18 the chair of the committee shall file a list of the members of the
67-19 subcommittee with the chief clerk.
67-20 Sec. 44. MEMBERSHIP. The chair of each standing committee
67-21 shall appoint from the membership of the committee the members who
67-22 are to serve on each subcommittee, including the subcommittee for
67-23 oversight. Any vacancy on a subcommittee shall be filled by
67-24 appointment of the chair of the standing committee. The chair and
67-25 vice-chair of each subcommittee, including the subcommittee for
67-26 oversight, shall be named by the chair of the committee.
67-27 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of Procedure
68-1 of the House of Representatives, to the extent applicable, shall
68-2 govern the hearings and operations of each subcommittee. Subject
68-3 to the foregoing, and to the extent necessary for orderly
68-4 transaction of business, each subcommittee may promulgate and adopt
68-5 additional rules and procedures by which it will function.
68-6 Sec. 46. QUORUM. A majority of a subcommittee shall
68-7 constitute a quorum, and no action or recommendation of a
68-8 subcommittee shall be valid unless taken at a meeting with a quorum
68-9 actually present. All reports of a subcommittee must be approved
68-10 by record vote by a majority of the membership of the subcommittee.
68-11 Minutes of the subcommittee shall be maintained in a manner similar
68-12 to that required by the rules for standing committees. Proxies
68-13 cannot be used in subcommittees.
68-14 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within the
68-15 area of its jurisdiction, shall have all of the power, authority,
68-16 and rights granted by the Rules of Procedure of the House of
68-17 Representatives to the standing committee, except subpoena power,
68-18 to the extent necessary to discharge the duties and
68-19 responsibilities of the subcommittee.
68-20 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO SUBCOMMITTEE.
68-21 All bills and resolutions referred to a standing committee shall be
68-22 reviewed by the chair to determine appropriate disposition of the
68-23 bills and resolutions. All bills and resolutions shall be
68-24 considered by the entire standing committee unless the chair of
68-25 that standing committee determines to refer the bills and
68-26 resolutions to subcommittee. If a bill or resolution is referred
68-27 by the chair of the standing committee to a subcommittee, it shall
69-1 be considered by the subcommittee in the same form in which the
69-2 measure was referred to the standing committee, and any action
69-3 taken by the standing committee on a proposed amendment or
69-4 committee substitute before a measure is referred to subcommittee
69-5 is therefore voided at the time the measure is referred to
69-6 subcommittee. The [the] subcommittee shall be charged with the
69-7 duty and responsibility of conducting the hearing, doing research,
69-8 and performing such other functions as the subcommittee or its
69-9 parent standing committee may determine. All meetings of the
69-10 subcommittee shall be scheduled by the subcommittee chair, with
69-11 appropriate public notice and notification of each member of the
69-12 subcommittee under the same rules of procedure as govern the
69-13 conduct of the standing committee.
69-14 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
69-15 deliberations on a bill, resolution, or other matter referred to
69-16 it, the subcommittee shall prepare a written report, comprehensive
69-17 in nature, for submission to the full committee. The report shall
69-18 include background material as well as recommended action and shall
69-19 be accompanied by a complete draft of the bill, resolution, or
69-20 other proposal in such form as the subcommittee shall determine.
69-21 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
69-22 reports shall be directed to the chair of the committee, who shall
69-23 schedule meetings of the standing committee from time to time as
69-24 necessary and appropriate for the reception of subcommittee reports
69-25 and for action on reports by the standing committee. No
69-26 subcommittee report shall be scheduled for action by the standing
69-27 committee until at least 48 hours after a copy of the subcommittee
70-1 report is provided to each member of the standing committee.
70-2 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
70-3 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE HOUSE.
70-4 The house may resolve itself into a committee of the whole house to
70-5 consider any matter referred to it by the house. In forming a
70-6 committee of the whole house, the speaker shall vacate the chair
70-7 and shall appoint a chair to preside in committee.
70-8 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
70-9 the proceedings of the house and those governing committees shall
70-10 be observed in committees of the whole, to the extent that they are
70-11 applicable.
70-12 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE WHOLE.
70-13 (a) It shall be in order to move a call of the committee of the
70-14 whole at any time to secure and maintain a quorum for the following
70-15 purposes:
70-16 (1) for the consideration of a certain or specific
70-17 matter; or
70-18 (2) for a definite period of time; or
70-19 (3) for the consideration of any designated class of
70-20 bills.
70-21 (b) When a call of the committee of the whole is moved and
70-22 seconded by 10 members, of whom the chair may be one, and is
70-23 ordered by majority vote, the main entrance of the hall and all
70-24 other doors leading out of the hall shall be locked, and no member
70-25 shall be permitted to leave the hall without written permission.
70-26 Other proceedings under a call of the committee shall be the same
70-27 as under a call of the house.
71-1 Sec. 54. HANDLING OF A BILL. A bill committed to a
71-2 committee of the whole house shall be handled in the same manner as
71-3 in any other committee. The body of the bill shall not be defaced
71-4 or interlined, but all amendments shall be duly endorsed by the
71-5 chief clerk as they are adopted by the committee, and so reported
71-6 to the house. When a bill is reported by the committee of the
71-7 whole house it shall be referred immediately to the appropriate
71-8 calendars committee for placement on the appropriate calendar and
71-9 shall follow the same procedure as any other bill on committee
71-10 report.
71-11 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
71-12 event that the committee of the whole, at any sitting, fails to
71-13 complete its work on any bill or resolution under consideration for
71-14 lack of time, or desires to take any action on that measure that is
71-15 permitted under the rules for other committees, it may, on a motion
71-16 made and adopted by majority vote, rise, report progress, and ask
71-17 leave of the house to sit again generally, or at a time certain.
71-18 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
71-19 committees made during a session shall be filed with the chief
71-20 clerk and printed in the journal, unless otherwise determined by
71-21 the house.
71-22 CHAPTER F. INTERIM STUDY COMMITTEES
71-23 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
71-24 the speaker may create interim study committees to conduct studies
71-25 by issuing a proclamation for each committee, which shall specify
71-26 the issue to be studied, committee membership, and any additional
71-27 authority and duties. A copy of each proclamation creating an
72-1 interim study committee shall be filed with the chief clerk. An
72-2 interim study committee expires on release of its final report or
72-3 when the next legislature convenes, whichever is earlier. An
72-4 interim study committee may not be created by resolution.
72-5 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
72-6 appoint all members of an interim study committee, which may
72-7 include public citizens and officials of state and local
72-8 governments. The speaker shall also designate the chair and
72-9 vice-chair and may authorize the chair to create subcommittees and
72-10 appoint citizen advisory committees.
72-11 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
72-12 the proceedings of the house and those governing standing
72-13 committees shall be observed by an interim study committee, to the
72-14 extent that they are applicable. An interim study committee shall
72-15 have the power to issue process and to request assistance of state
72-16 agencies as provided for a standing committee in Sections 21, 22,
72-17 and 23 of this rule.
72-18 Sec. 60. FUNDING AND STAFF. An interim study committee
72-19 shall use existing staff resources of its members, standing
72-20 committees, house offices, and legislative service agencies. The
72-21 chair of an interim study committee shall prepare a detailed
72-22 budget for approval by the speaker and the Committee on House
72-23 Administration. An interim study committee may accept gifts,
72-24 grants, and donations for the purpose of funding its activities as
72-25 provided by Sections 301.032(b) and (c), Government Code.
72-26 Sec. 61. STUDY REPORTS. The final report or recommendations
72-27 of an interim study committee shall be approved by a majority of
73-1 the committee membership. Dissenting members may attach statements
73-2 to the final report. Five copies of the report shall be submitted
73-3 to the speaker; 50 copies shall be provided to House Bill
73-4 Distribution for sale at cost; and 75 copies shall be provided to
73-5 the chief clerk, who shall make the appropriate distribution to the
73-6 Legislative Reference Library and state library and archives. This
73-7 section shall also apply to interim study reports of standing
73-8 committees.
73-9 Sec. 62. JOINT HOUSE AND SENATE INTERIM STUDIES. Procedures
73-10 may be established by a concurrent resolution adopted by both
73-11 houses, by which the speaker may authorize and appoint, jointly
73-12 with the senate, committees to conduct interim studies. A copy of
73-13 the authorization for and the appointments to a joint interim study
73-14 committee shall be filed with the chief clerk. Individual joint
73-15 interim study committees may not be authorized or created by
73-16 resolution.
74-1 RULE 5. FLOOR PROCEDURE
74-2 CHAPTER A. QUORUM AND ATTENDANCE
74-3 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
74-4 quorum to do business.
74-5 Sec. 2. ROLL CALLS. On every roll call or registration, the
74-6 names of the members shall be called or listed, as the case may be,
74-7 alphabetically by surname, except when two or more have the same
74-8 surname, in which case the initials of the members shall be
74-9 added.
74-10 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
74-11 from the sessions of the house without leave, and no member shall
74-12 be excused on his or her own motion.
74-13 (b) A leave of absence may be granted by a majority vote of
74-14 the house and may be revoked at any time by a similar vote.
74-15 (c) Any member granted a leave of absence due to a meeting
74-16 of a committee or conference committee that has authority to meet
74-17 while the house is in session shall be so designated on each roll
74-18 call or registration for which that member is excused.
74-19 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
74-20 present and fails or refuses to record on a roll call after being
74-21 requested to do so by the speaker shall be recorded as present by
74-22 the speaker and shall be counted for the purpose of making a
74-23 quorum.
74-24 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
74-25 order of "No Quorum" shall not be accepted by the chair if the last
74-26 roll call showed the presence of a quorum, provided the last roll
74-27 call was taken within two hours of the time the point of order is
75-1 raised.
75-2 (b) If the last roll call was taken more than two hours
75-3 before the point of order is raised, it shall be in order for the
75-4 member who raised the point of order to request a roll call. Such
75-5 a request must be seconded by 25 members. If the request for a
75-6 roll call is properly seconded, the chair shall order a roll call.
75-7 (c) Once a point of order has been made that a quorum is not
75-8 present, it may not be withdrawn after the absence of a quorum has
75-9 been ascertained and announced.
75-10 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
75-11 registration or record vote reveals that a quorum is not present,
75-12 only a motion to adjourn or a motion for a call of the house and
75-13 the motions incidental thereto shall be in order.
75-14 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
75-15 to move a call of the house at any time to secure and maintain a
75-16 quorum for one of the following purposes:
75-17 (1) for the consideration of a specific bill,
75-18 resolution, motion, or other measure;
75-19 (2) for the consideration of any designated class of
75-20 bills; or
75-21 (3) for a definite period of time.
75-22 Motions for, and incidental to, a call of the house are not
75-23 debatable.
75-24 Sec. 8. SECURING A QUORUM. When a call of the house is
75-25 moved for one of the above purposes and seconded by 15 members (of
75-26 whom the speaker may be one) and ordered by a majority vote, the
75-27 main entrance to the hall and all other doors leading out of the
76-1 hall shall be locked and no member permitted to leave the house
76-2 without the written permission of the speaker. The names of
76-3 members present shall be recorded. All absentees for whom no
76-4 sufficient excuse is made may, by order of a majority of those
76-5 present, be sent for and arrested, wherever they may be found, by
76-6 the sergeant-at-arms or an officer appointed by the
76-7 sergeant-at-arms for that purpose, and their attendance shall be
76-8 secured and retained. The house shall determine on what conditions
76-9 they shall be discharged. Members who voluntarily appear shall,
76-10 unless the house otherwise directs, be immediately admitted to the
76-11 hall of the house and shall report their names to the clerk to be
76-12 entered in the journal as present.
76-13 Until a quorum appears, should the roll call fail to show one
76-14 present, no business shall be transacted, except to compel the
76-15 attendance of absent members or to adjourn. It shall not be in
76-16 order to recess under a call of the house.
76-17 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
76-18 shown to be present, the house may proceed with the matters on
76-19 which the call was ordered, or may enforce the call and await the
76-20 attendance of as many of the absentees as it desires. When the
76-21 house proceeds to the business on which the call was ordered, it
76-22 may, by a majority vote, direct the sergeant-at-arms to cease
76-23 bringing in absent members.
76-24 Sec. 10. REPEATING A RECORD VOTE. When a record vote
76-25 reveals the lack of a quorum, and a call is ordered to secure one,
76-26 a record vote shall again be taken when the house resumes business
76-27 with a quorum present.
77-1 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
77-2 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
77-3 persons shall be entitled to the privileges of the floor of the
77-4 house when the house is in session: members of the house;
77-5 employees of the house when performing their official duties as
77-6 determined by the Committee on House Administration; members of the
77-7 senate; employees of the senate when performing their official
77-8 duties; the Governor of Texas and the governor's executive and
77-9 administrative assistant; the lieutenant governor; the secretary of
77-10 state; duly accredited reporters, photographers, correspondents,
77-11 and commentators of press, radio, and television who have complied
77-12 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
77-13 election cases pending before the house; and immediate families of
77-14 the members of the legislature on such special occasions as may be
77-15 determined by the Committee on House Administration.
77-16 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
77-17 persons shall be admitted to the area on the floor of the house
77-18 enclosed by the railing when the house is in session: members of
77-19 the house; members of the senate; the governor; the lieutenant
77-20 governor; officers and employees of the senate and house when those
77-21 officers and employees are actually engaged in performing their
77-22 official duties as determined by the Committee on House
77-23 Administration; spouses of members of the house on such occasions
77-24 as may be determined by the Committee on House Administration; and
77-25 duly accredited reporters, photographers, correspondents, and
77-26 commentators of press, radio, and television who have complied with
77-27 Sections 20(a), (b), (c), and (d) of this rule.
78-1 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
78-2 and collectors shall not be admitted to the floor of the house
78-3 while the house is in session.
78-4 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
78-5 invite a person to address the house while it is in session shall
78-6 be in order only if the person invited is entitled to the
78-7 privileges of the floor as defined by Section 11 of this rule and
78-8 if no business is pending before the house.
78-9 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
78-10 a member of the legislature, who is lobbying or working for or
78-11 against any pending or prospective legislative measure shall be
78-12 permitted on the floor of the house or in the adjacent rooms while
78-13 the house is in session.
78-14 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
78-15 admitted to the floor of the house under the rules, except the
78-16 governor or a member of the legislature, lobbies or works for or
78-17 against any pending or prospective legislation or violates any of
78-18 the other rules of the house, the privileges extended to that
78-19 person under the rules shall be suspended by a majority vote of the
78-20 Committee on House Administration. The action of the committee
78-21 shall be reviewable by the house only if two members of the
78-22 committee request an appeal from the decision of the committee.
78-23 The request shall be in the form of a minority report and shall be
78-24 subject to the same rules that are applicable to minority reports
78-25 on bills. Suspension shall remain in force until the accused
78-26 person purges himself or herself and comes within the rules, or
78-27 until the house, by majority vote, reverses the action of the
79-1 committee.
79-2 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
79-3 persons shall be admitted to the members lounge at any
79-4 time: members of the house; members of the senate; and former
79-5 members of the house and senate who are not engaged in any form of
79-6 employment requiring them to lobby or work for or against any
79-7 pending or prospective legislative measures.
79-8 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
79-9 shall be the duty of the Committee on House Administration to
79-10 determine what duties are to be discharged by officers and
79-11 employees of the house on the floor of the house, specifically in
79-12 the area enclosed by the railing, when the house is in session. It
79-13 shall be the duty of the speaker to see that the officers and
79-14 employees do not violate the regulations promulgated by the
79-15 Committee on House Administration.
79-16 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
79-17 allowed to remain in, the house chamber while the house is in
79-18 session unless properly attired, and all gentlemen shall wear a
79-19 coat and tie. Food or beverage shall not be permitted in the house
79-20 chamber at any time, and no person carrying food or beverage shall
79-21 be admitted to the chamber, whether the house is in session or in
79-22 recess. Reading newspapers shall not be permitted in the house
79-23 chamber while the house is in session.
79-24 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
79-25 is in session, no media representative shall be admitted to the
79-26 floor of the house or allowed its privileges unless the person is a
79-27 salaried staff correspondent, reporter, or photographer regularly
80-1 employed by a newspaper, a press association or news service
80-2 serving newspapers, a publication requiring telegraphic coverage,
80-3 or a duly licensed radio or television station or network.
80-4 (b) Any media representative seeking admission to the floor
80-5 of the house under the provisions of Subsection (a) of this section
80-6 must present to the Committee on House Administration fully
80-7 accredited credentials from his or her employer certifying that the
80-8 media representative is engaged primarily in reporting the sessions
80-9 of the legislature. Regularly accredited media representatives who
80-10 have duly qualified under the provisions of this section may, when
80-11 requested to do so, make recommendations through their professional
80-12 committees to the Committee on House Administration as to the
80-13 sufficiency or insufficiency of the credentials of any person
80-14 seeking admission to the floor of the house under this section.
80-15 Every media representative, before being admitted to the
80-16 floor of the house during its sessions, shall file with the
80-17 Committee on House Administration a written statement showing the
80-18 paper or papers, press association, news service, publication
80-19 requiring telegraphic coverage, or radio or television station or
80-20 network which he or she represents and certifying that no part of
80-21 his or her salary for legislative coverage is paid by any person,
80-22 firm, corporation, or association except the listed news media
80-23 which he or she represents.
80-24 (c) If the Committee on House Administration determines that
80-25 a person's media credentials meet the requirements of this section,
80-26 the committee shall so notify the speaker of the house in writing,
80-27 and the speaker shall issue a pass card to the person. This pass
81-1 card must be presented to the doorkeeper each time the person seeks
81-2 admission to the floor of the house while the house is in session.
81-3 Pass cards issued under this section shall not be transferable.
81-4 Persons admitted to the floor of the house pursuant to the
81-5 provisions of this section shall work in appropriate convenient
81-6 seats or work stations in the house, which shall be designated for
81-7 that purpose by the Committee on House Administration.
81-8 (d) Media representatives who are admitted to the floor of
81-9 the house when the house is in session shall confine their
81-10 activities within the railing to very brief inquiries, brief,
81-11 nonilluminated photographic contacts, and brief contacts to arrange
81-12 interviews and press conferences with members of the house.
81-13 Members of the house shall not engage in interviews and press
81-14 conferences on the house floor while the house is in session. The
81-15 Committee on House Administration is authorized to enforce this
81-16 provision and to prescribe such other regulations as may be
81-17 necessary and desirable to achieve these purposes. Persons
81-18 governed by this subsection shall be subject to the provisions of
81-19 Section 15 of this rule.
81-20 (e) Permission to make live or recorded television or radio
81-21 broadcasts in or from the house chamber while the house is in
81-22 session may be granted only by the Committee on House
81-23 Administration. The committee shall promulgate regulations
81-24 governing television or radio broadcasts, and such regulations
81-25 shall be printed as an addendum to the rules of the house. When
81-26 television or radio broadcasts from the floor of the house are
81-27 recommended by the Committee on House Administration, the
82-1 recommendation shall identify those persons in the technical crews
82-2 to whom pass cards to the floor of the house and galleries are to
82-3 be issued by the speaker. Passes granted under this authority
82-4 shall be subject to revocation on the recommendation of the
82-5 Committee on House Administration. Each committee of the house
82-6 shall have authority to determine whether or not to permit
82-7 television or radio broadcasts of any of its proceedings.
82-8 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
82-9 HOUSE CHAMBER. When the house is not in session, the floor of the
82-10 house shall remain open on days and hours determined by the
82-11 Committee on House Administration. By resolution, the house may
82-12 open the floor of the house during its sessions for the
82-13 inauguration of the governor and lieutenant governor and for such
82-14 other public ceremonies as may be deemed warranted.
82-15 CHAPTER C. SPEAKING AND DEBATE
82-16 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
82-17 speak or deliver any matter to the house, the member shall rise and
82-18 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
82-19 on being recognized, may address the house from the microphone at
82-20 the reading clerk's desk, and shall confine all remarks to the
82-21 question under debate, avoiding personalities.
82-22 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
82-23 members rise at once, the speaker shall name the one who is to
82-24 speak first. This decision shall be final and not open to debate
82-25 or appeal.
82-26 Sec. 24. RECOGNITION. There shall be no appeal from the
82-27 speaker's recognition, but the speaker shall be governed by rules
83-1 and usage in priority of entertaining motions from the floor. When
83-2 a member seeks recognition, the speaker may ask, "For what purpose
83-3 does the member rise?" or "For what purpose does the member seek
83-4 recognition?" and may then decide if recognition is to be
83-5 granted.
83-6 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
83-7 member who has the floor shall not be interrupted by another member
83-8 for any purpose, unless he or she consents to yield to the other
83-9 member. A member desiring to interrupt another in debate should
83-10 first address the speaker for the permission of the member
83-11 speaking. The speaker shall then ask the member who has the floor
83-12 if he or she wishes to yield, and then announce the decision of
83-13 that member. The member who has the floor may exercise personal
83-14 discretion as to whether or not to yield, and it is entirely within
83-15 the member's discretion to determine who shall interrupt and when.
83-16 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
83-17 on recognition of the speaker may not be taken off the floor by a
83-18 motion, even the highly privileged motion to adjourn, but if the
83-19 member yields to another to make a motion or to offer an amendment,
83-20 he or she thereby loses the floor.
83-21 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
83-22 proposition, or the member reporting any measure from a committee,
83-23 or, in the absence of either of them, any other member designated
83-24 by such absentee, shall have the right to open and close the
83-25 debate, and for this purpose may speak each time not more than 20
83-26 minutes.
83-27 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
84-1 limited to 10 minutes in duration, except as provided in Section 27
84-2 of this rule, and the speaker shall call the members to order at
84-3 the expiration of their time. If the house by a majority vote
84-4 extends the time of any member, the extension shall be for 10
84-5 minutes only. A second extension of time shall be granted only by
84-6 unanimous consent. During the last 10 calendar days of the regular
84-7 session, and the last 5 calendar days of a special session, Sundays
84-8 excepted, all speeches shall be limited to 10 minutes and shall not
84-9 be extended. The time limits established by this rule shall
84-10 include time consumed in yielding to questions from the floor.
84-11 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
84-12 speak more than twice on the same question without leave of the
84-13 house, nor more than once until every member choosing to speak has
84-14 spoken, nor shall any member be permitted to consume the time of
84-15 another member without leave of the house being given by a majority
84-16 vote.
84-17 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
84-18 pending question is not disposed of because of an adjournment of
84-19 the house, a member who has spoken twice on the subject shall not
84-20 be allowed to speak again without leave of the house.
84-21 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
84-22 a paper is called for, and objection is made, the matter shall be
84-23 determined by a majority vote of the house, without debate.
84-24 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
84-25 person shall pass between the front and back microphones during
84-26 debate or when a member has the floor and is addressing the house.
84-27 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
85-1 member, in speaking or otherwise, transgresses the rules of the
85-2 house, the speaker shall, or any member may, call the member to
85-3 order, in which case the member so called to order shall
85-4 immediately be seated; however, that member may move for an appeal
85-5 to the house, and if appeal is duly seconded by 10 members, the
85-6 matter shall be submitted to the house for decision by majority
85-7 vote. In such cases, the speaker shall not be required to
85-8 relinquish the chair, as is required in cases of appeals from the
85-9 speaker's decisions. The house shall, if appealed to, decide the
85-10 matter without debate. If the decision is in favor of the member
85-11 called to order, the member shall be at liberty to proceed; but if
85-12 the decision is against the member, he or she shall not be allowed
85-13 to proceed, and, if the case requires it, shall be liable to the
85-14 censure of the house, or such other punishment as the house may
85-15 consider proper.
85-16 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
85-17 proceedings of the house of representatives shall be electronically
85-18 recorded under the direction of the Committee on House
85-19 Administration. Copies of the proceedings may be released under
85-20 guidelines promulgated by the Committee on House Administration.
85-21 CHAPTER D. QUESTIONS OF PRIVILEGE
85-22 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
85-23 privilege shall be:
85-24 (1) those affecting the rights of the house
85-25 collectively, its safety and dignity, and the integrity of its
85-26 proceedings; and
85-27 (2) those affecting the rights, reputation, and
86-1 conduct of members individually in their representative capacity
86-2 only.
86-3 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
86-4 privilege shall have precedence over all other questions except
86-5 motions to adjourn. When in order, a member may address the house
86-6 on a question of privilege, or may at any time print it in the
86-7 journal, provided it contains no reflection on any member of the
86-8 house.
86-9 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
86-10 not be in order for a member to address the house on a question of
86-11 privilege:
86-12 (1) between the time an undebatable motion is offered
86-13 and the vote is taken on the motion;
86-14 (2) between the time the previous question is ordered
86-15 and the vote is taken on the last proposition included under the
86-16 previous question; or
86-17 (3) between the time a motion to table is offered and
86-18 the vote is taken on the motion.
86-19 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
86-20 speaking on privilege, members must confine their remarks within
86-21 the limits of Section 35 of this rule, which will be strictly
86-22 construed to achieve the purposes hereof.
86-23 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
86-24 of a main or subsidiary motion shall not be discussed or debated
86-25 under the guise of speaking to a question of privilege.
86-26 CHAPTER E. VOTING
86-27 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
87-1 votes, except viva voce votes, members shall record their votes on
87-2 the voting machine and shall not be recognized by the chair to cast
87-3 their votes from the floor. If a member attempts to vote from the
87-4 floor, the speaker shall sustain a point of order directed against
87-5 the member's so doing. This rule shall not be applicable to the
87-6 mover or the principal opponent of the proposition being voted on
87-7 nor to a member whose voting machine is out of order.
87-8 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
87-9 registration or vote taken on the voting machine of the house shall
87-10 in all instances be considered the equivalent of a roll call or yea
87-11 and nay vote, which might be had for the same purpose.
87-12 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
87-13 member who has a personal or private interest in any measure or
87-14 bill proposed or pending before the house shall disclose the fact
87-15 and not vote thereon.
87-16 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
87-17 house, a quorum being present, the question shall be divided, if it
87-18 includes propositions so distinct in substance that, one being
87-19 taken away, a substantive proposition remains. A motion for a
87-20 division vote cannot be made after the previous question has been
87-21 ordered, after a motion to table has been offered, after the
87-22 question has been put, nor after the yeas and nays have been
87-23 ordered. Under this subsection, the speaker may divide the
87-24 question into groups of propositions that are closely related.
87-25 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
87-26 present and fails or refuses to vote after being requested to do so
87-27 by the speaker shall be recorded as present but not voting, and
88-1 shall be counted for the purpose of making a quorum.
88-2 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
88-3 member must be on the floor of the house or in an adjacent room or
88-4 hallway on the same level as the house floor, in order to vote.
88-5 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
88-6 each calendar day in which the house is in session, it shall be the
88-7 duty of the voting clerk to lock the voting machine of each member
88-8 who is excused or who is otherwise known to be absent. Each such
88-9 machine shall remain locked until the member in person contacts the
88-10 journal clerk and personally requests the unlocking of the machine.
88-11 Unless otherwise directed by the speaker, the voting clerk shall
88-12 not unlock any machine except at the personal request of the member
88-13 to whom the machine is assigned. Any violation, or any attempt by
88-14 a member or employee to circumvent the letter or spirit of this
88-15 section, shall be reported immediately to the speaker for such
88-16 disciplinary action by the speaker, or by the house, as may be
88-17 warranted under the circumstances.
88-18 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
88-19 by the house of knowingly voting for another member on the voting
88-20 machine shall be subject to discipline deemed appropriate by the
88-21 house.
88-22 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
88-23 begun, it may not be interrupted for any reason. While a yea and
88-24 nay vote is being taken, or the vote is being counted, no member
88-25 shall visit the reading clerk's desk or the voting clerk's desk.
88-26 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
88-27 allowed to interrupt the vote or to make any explanation of a vote
89-1 that the member is about to give after the voting machine has been
89-2 opened, but may record in the journal the reasons for giving such a
89-3 vote.
89-4 (b) A "Reason for Vote" must be in writing and filed with
89-5 the journal clerk. If timely received, the "Reason for Vote" shall
89-6 be printed immediately following the results of the vote in the
89-7 journal. Otherwise, "Reasons for Vote" shall be printed in a
89-8 separate section at the end of the journal for the day on which the
89-9 reasons were recorded with the journal clerk. Such "Reason for
89-10 Vote" shall not deal in personalities or contain any personal
89-11 reflection on any member of the legislature, the speaker, the
89-12 lieutenant governor, or the governor, and shall not in any other
89-13 manner transgress the rules of the house relating to decorum and
89-14 debate.
89-15 (c) A member absent when a vote was taken may file with the
89-16 journal clerk while the house is in session a statement of how the
89-17 member would have voted if present. If timely received, the
89-18 statement shall be printed immediately following the results of the
89-19 vote in the journal. Otherwise, statements shall be printed in a
89-20 separate section at the end of the journal for the day on which the
89-21 statements were recorded with the journal clerk.
89-22 Sec. 50. PAIRS. All pairs must be announced before the vote
89-23 is declared by the speaker, and a written statement sent to the
89-24 journal clerk. The statement must be signed by the absent member
89-25 to the pair, or the member's signature must have been authorized in
89-26 writing, by telegraph, or by telephone, and satisfactory evidence
89-27 presented to the speaker if deemed necessary. If authorized by
90-1 telephone, the call must be to and confirmed by the chief clerk in
90-2 advance of the vote to which it applies. Pairs shall be entered in
90-3 the journal, and the member present shall be counted to make a
90-4 quorum.
90-5 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
90-6 desire of any three members present, the yeas and nays of the
90-7 members of the house on any question shall be taken and entered in
90-8 the journal. No member or members shall be allowed to call for a
90-9 yea and nay vote after a vote has been declared by the speaker. A
90-10 motion to expunge a yea and nay vote from the journal shall not be
90-11 in order.
90-12 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
90-13 votes members may have their votes recorded in the journal as "yea"
90-14 or "nay" by filing such information with the journal clerk within 1
90-15 hour of the time the results are announced by the chair but not
90-16 after adjournment or recess to another calendar day.
90-17 Sec. 53. CHANGING A VOTE. Before the result of a vote has
90-18 been finally and conclusively pronounced by the chair, but not
90-19 thereafter, a member may change his or her vote; however, if a
90-20 member's vote is erroneous, the member shall be allowed to change
90-21 that vote at a later time provided:
90-22 (1) the result of the record vote is not changed
90-23 thereby;
90-24 (2) the request is made known to the house by the
90-25 chair and permission for the change is granted by unanimous
90-26 consent; and
90-27 (3) a notation is made in the journal that the
91-1 member's vote was changed.
91-2 Sec. 54. TIE VOTE. All matters on which a vote may be taken
91-3 by the house shall require for adoption a favorable affirmative
91-4 vote as required by these rules, and in the case of a tie vote, the
91-5 matter shall be considered lost.
91-6 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
91-7 result of a yea and nay vote is close, the speaker may on the
91-8 request of any member order a verification vote, or the speaker may
91-9 order a verification on his or her own initiative. During
91-10 verification, no member shall change a vote unless it was
91-11 erroneously recorded, nor may any member not having voted cast a
91-12 vote; however, when the clerk errs in reporting the yeas and nays,
91-13 and correction thereof leaves decisive effect to the speaker's
91-14 vote, the speaker may exercise the right to vote, even though the
91-15 result has been announced. A verification shall be called for
91-16 immediately after the vote is announced. The speaker shall not
91-17 entertain a request for verification after the house has proceeded
91-18 to the next question, or after a recess or an adjournment. A vote
91-19 to recess or adjourn, like any other proposition, may be verified.
91-20 Only one vote verification can be pending at a time. A
91-21 verification may be dispensed with by a two-thirds vote.
91-22 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
91-23 allow the verification of a registration (as differentiated from a
91-24 record vote) if in the speaker's opinion there is serious doubt as
91-25 to the presence of a quorum.
91-26 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
91-27 VERIFICATION. A motion for a call of the house, and all incidental
92-1 motions relating to it, shall be in order pending the verification
92-2 of a vote. These motions must be made before the roll call on
92-3 verification begins, and it shall not be in order to break into the
92-4 roll call to make them.
92-5 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
92-6 If, by an error of the voting clerk or reading clerk in reporting
92-7 the yeas and nays from a registration or verification, the speaker
92-8 announces a result different from that shown by the registration or
92-9 verification, the status of the question shall be determined by the
92-10 vote as actually recorded. If the vote is erroneously announced in
92-11 such a way as to change the true result, all subsequent proceedings
92-12 in connection therewith shall fail, and the journal shall be
92-13 amended accordingly.
93-1 RULE 6. ORDER OF BUSINESS AND CALENDARS
93-2 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
93-3 convenes on a new legislative day, the daily order of business
93-4 shall be as follows:
93-5 (1) Call to order by speaker.
93-6 (2) Registration of members.
93-7 (3) Prayer by chaplain, unless the invocation has been
93-8 given previously on the particular calendar day.
93-9 (4) Excuses for absence of members and officers.
93-10 (5) First reading and reference to committee of bills
93-11 filed with the chief clerk; and motions to introduce bills, when
93-12 such motions are required.
93-13 (6) Requests to print bills and other papers; requests
93-14 of committees for further time to consider papers referred to them;
93-15 and all other routine motions and business not otherwise provided
93-16 for, all of which shall be undebatable except that the mover and
93-17 one opponent of the motion shall be allowed three minutes each.
93-18 The mover of a routine motion shall be allowed his or her
93-19 choice of making the opening or the closing speech under this rule.
93-20 If the house, under a suspension of the rules, extends the time of
93-21 a member under this rule, such extensions shall be for three
93-22 minutes. Subsidiary motions that are applicable to routine motions
93-23 shall be in order, but the makers of such subsidiary motions shall
93-24 not be entitled to speak thereon in the routine motion period, nor
93-25 shall the authors of the original routine motions be allowed any
93-26 additional time because of subsidiary motions.
93-27 (7) Unfinished business.
94-1 (8) Postponed matters to be laid before the house in
94-2 accordance with Rule 7, Section 15.
94-3 (9) Calendars of the house in their order of priority
94-4 in accordance with Section 7 of this rule, unless a different order
94-5 is determined under other provisions of these rules.
94-6 (b) When the house reconvenes for the first time on a new
94-7 calendar day following a recess, the daily order of business shall
94-8 be:
94-9 (1) Call to order by the speaker.
94-10 (2) Registration of members.
94-11 (3) Prayer by the chaplain.
94-12 (4) Excuses for absence of members and officers.
94-13 (5) Pending business.
94-14 (6) Calendars of the house in their order of priority
94-15 in accordance with Section 7 of this rule, unless a different order
94-16 is determined under other provisions of these rules.
94-17 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
94-18 measure may on any day be made a special order for the same day or
94-19 for a future day of the session by an affirmative vote of
94-20 two-thirds of the members present. A motion to set a special order
94-21 shall be subject to the three-minute pro and con debate rule. When
94-22 once established as a special order, a bill, resolution, or other
94-23 measure shall be considered from day to day until disposed of; and
94-24 until it has been disposed of, no further special orders shall be
94-25 made.
94-26 A three-fourths vote of the members present shall be required
94-27 to suspend the portion of this rule which specifies that only one
95-1 special order may be made and pending at a time.
95-2 (b) After the first six items under the daily order of
95-3 business for a legislative day have been passed, a special order
95-4 shall have precedence when the hour for its consideration has
95-5 arrived, except as provided in Section 9 of this rule.
95-6 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
95-7 may be postponed to a day certain by a two-thirds vote of those
95-8 present, and when so postponed, shall be considered as disposed of
95-9 so far as its place as a special order is concerned.
95-10 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
95-11 resolution laid on the table subject to call may be made a special
95-12 order.
95-13 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
95-14 motion is pending to set a particular bill or resolution as a
95-15 special order, it shall not be in order to move as a substitute to
95-16 set another bill or resolution as a special order. It shall be in
95-17 order, however, to substitute, by majority vote, a different time
95-18 for the special order consideration than that given in the original
95-19 motion.
95-20 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
95-21 If a member moves to set a bill or joint resolution as a special
95-22 order, or moves to suspend the rules to take up a bill or joint
95-23 resolution out of its regular order, and the motion prevails, the
95-24 member shall not have the right to make either of these motions
95-25 again until every other member has had an opportunity, via either
95-26 of these motions, to have some bill or joint resolution considered
95-27 out of its regular order during that session of the legislature. A
96-1 member shall not lose the suspension privilege if the motion to
96-2 suspend or set for special order does not prevail.
96-3 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
96-4 the house shall be controlled by a system of calendars, consisting
96-5 of the following:
96-6 (1) EMERGENCY CALENDAR, on which shall appear bills
96-7 considered to be of such pressing and imperative import as to
96-8 demand immediate action, bills to raise revenue and levy taxes,
96-9 and the general appropriations bill. A bill submitted as an
96-10 emergency matter by the governor may also be placed on this
96-11 calendar.
96-12 (2) MAJOR STATE CALENDAR, on which shall appear bills
96-13 of statewide effect, not emergency in nature, which establish or
96-14 change state policy in a major field of governmental activity and
96-15 which will have a major impact in application throughout the state
96-16 without regard to class, area, or other limiting factors.
96-17 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
96-18 appear joint resolutions proposing amendments to the Texas
96-19 Constitution, joint resolutions proposing the ratification of
96-20 amendments to the Constitution of the United States, and joint
96-21 resolutions applying to Congress for a convention to amend the
96-22 Constitution of the United States.
96-23 (4) GENERAL STATE CALENDAR, on which shall appear
96-24 bills of statewide effect, not emergency in nature, which establish
96-25 or change state law and which have application to all areas but are
96-26 limited in legal effect by classification or other factors which
96-27 minimize the impact to something less than major state policy, and
97-1 bills, not emergency in nature, which are not on a local or consent
97-2 calendar.
97-3 (5) LOCAL CALENDAR, on which shall appear local
97-4 bills, not emergency in nature, as defined by Rule 8, Section
97-5 10(c), and which have been recommended by the appropriate standing
97-6 committee for placement on an appropriate calendar by the
97-7 Committee on Local and Consent Calendars.
97-8 (6) CONSENT CALENDAR, on which shall appear bills, not
97-9 emergency in nature, regardless of extent and scope, on which there
97-10 is such general agreement as to render improbable any opposition to
97-11 the consideration and passage thereof, and which have been
97-12 recommended by the appropriate standing committee for placement on
97-13 an appropriate calendar by the Committee on Local and Consent
97-14 Calendars.
97-15 (7) RESOLUTIONS CALENDAR, on which shall appear house
97-16 resolutions and concurrent resolutions, not emergency in nature and
97-17 not privileged.
97-18 (8) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
97-19 on which shall appear congratulatory and memorial resolutions
97-20 whose sole intent is to congratulate, memorialize, or otherwise
97-21 express concern or commendation. The Committee on Rules and
97-22 Resolutions may provide separate categories for congratulatory and
97-23 memorial resolutions.
97-24 (b) A calendars committee shall strictly construe and the
97-25 speaker shall strictly enforce this system of calendars.
97-26 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
97-27 resolutions pending in the house shall follow the same procedure
98-1 with regard to calendars as house bills and resolutions, but
98-2 separate calendars shall be maintained for senate bills and
98-3 resolutions, and consideration of them on senate bill days shall
98-4 have priority in the manner and order specified in this rule.
98-5 (b) No other business shall be considered on days devoted to
98-6 the consideration of senate bills when there remain any bills on
98-7 any of the senate calendars, except with the consent of the senate.
98-8 When all senate calendars are clear, the house may proceed to
98-9 consideration of house calendars on senate bill days.
98-10 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
98-11 calendar Thursday of each week, only senate bills and senate
98-12 resolutions shall be taken up and considered, until disposed of.
98-13 Senate bills and senate resolutions shall be considered in the
98-14 order prescribed in Section 7 of this rule on separate senate
98-15 calendars prepared by the Committee on Calendars. In case a senate
98-16 bill or senate resolution is pending at adjournment on calendar
98-17 Thursday, it shall go over to the succeeding calendar Wednesday as
98-18 unfinished business.
98-19 (b) Precedence given in Rule 8 to certain classes of bills
98-20 during the first 60 calendar days of a regular session shall also
98-21 apply to senate bills on senate bill days.
98-22 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
98-23 any house bill is reached on the calendar or is before the house
98-24 for consideration, it shall be the duty of the speaker to give the
98-25 place on the calendar of the house bill to any senate bill
98-26 containing the same subject that has been referred to and reported
98-27 from a committee of the house and to lay the senate bill before the
99-1 house, to be considered in lieu of the house bill.
99-2 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
99-3 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
99-4 the chair of the Committee on Rules and Resolutions shall move to
99-5 designate periods for the consideration of congratulatory and
99-6 memorial calendars. Each such motion shall require a two-thirds
99-7 vote for its adoption. In each instance, the Committee on Rules
99-8 and Resolutions shall prepare and distribute to each member a
99-9 printed calendar at least 24 hours in advance of the hour set for
99-10 consideration. No memorial or congratulatory resolution will be
99-11 heard by the full house without having first been approved, at
99-12 least 24 hours in advance, [through the committee process] by a
99-13 majority of the membership of the Committee on Rules and
99-14 Resolutions, in accordance with Rule 4, Section 16. It shall not
99-15 be necessary for the Committee on Rules and Resolutions to report a
99-16 memorial or congratulatory resolution from committee in order to
99-17 place the resolution on a congratulatory and memorial calendar. If
99-18 the Committee on Rules and Resolutions determines that a resolution
99-19 is not eligible for placement on the congratulatory and memorial
99-20 calendar the measure shall be sent to the Committee on Calendars
99-21 for further action. A congratulatory and memorial calendar will
99-22 contain the resolution number, the author's name, and a brief
99-23 description of the intent of the resolution. On the congratulatory
99-24 and memorial calendar, congratulatory resolutions may be listed
99-25 separately from memorial resolutions. Once a printed calendar is
99-26 distributed, no additional resolutions will be added to it, and the
99-27 requirements of this section shall not be subject to suspension.
100-1 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
100-2 MEMORIAL CALENDARS. During the consideration of a congratulatory
100-3 and memorial calendar, resolutions shall not be read in full unless
100-4 they pertain to members or former members of the legislature, or
100-5 unless the intended recipient of the resolution is present on the
100-6 house floor or in the gallery. All other such resolutions shall be
100-7 read only by number, type of resolution, and name of the person or
100-8 persons designated in the resolutions. Members shall notify the
100-9 chair, in advance of consideration of the calendar, of any
100-10 resolutions that will be required to be read in full. In addition,
100-11 the following procedures shall be observed:
100-12 (1) The chair shall recognize the reading clerk to
100-13 read the resolutions within each category on the calendar only by
100-14 number, type of resolution, author or sponsor, and name of the
100-15 person or persons designated in the resolutions, except for those
100-16 resolutions that have been withdrawn or that are required to be
100-17 read in full. The resolutions read by the clerk shall then be
100-18 adopted in one motion for each category.
100-19 (2) Subsequent to the adoption of the resolutions read
100-20 by the clerk, the chair shall proceed to lay before the house the
100-21 resolutions on the calendar that are required to be read in full.
100-22 Each such resolution shall be read and adopted individually.
100-23 (3) If it develops that any resolution on the
100-24 congratulatory and memorial calendar does not belong on that
100-25 calendar, the chair shall withdraw the resolution from further
100-26 consideration, remove it from the calendar, and refer it to the
100-27 appropriate calendars committee for placement on the proper
101-1 calendar.
101-2 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
101-3 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
101-4 the chair of the Committee on Local and Consent Calendars shall
101-5 move to designate periods for the consideration of local, consent,
101-6 and resolutions calendars. Each such motion shall require a
101-7 two-thirds vote for its adoption. In each instance, the Committee
101-8 on Local and Consent Calendars shall prepare and distribute to each
101-9 member a printed calendar at least 48 hours in advance of the hour
101-10 set for consideration. Once a printed calendar is distributed, no
101-11 additional bills or resolutions will be added to it. This
101-12 requirement can be suspended only by unanimous consent. No local,
101-13 consent, and resolutions calendar may be considered by the house if
101-14 it is determined that the rules of the house were not complied with
101-15 by the Committee on Local and Consent Calendars in preparing that
101-16 calendar.
101-17 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
101-18 RESOLUTIONS CALENDARS. During the consideration of a local,
101-19 consent, and resolutions calendar set by the Committee on Local
101-20 and Consent Calendars the following procedures shall be observed:
101-21 (1) The chair shall allow the sponsor of each bill or
101-22 resolution three minutes to explain the measure, and the time shall
101-23 not be extended except by unanimous consent of the house. This
101-24 rule shall have precedence over all other rules limiting time for
101-25 debate.
101-26 (2) If it develops that any bill on the local
101-27 calendar of a local, consent, and resolutions calendar is not in
102-1 fact local, as defined by the rules, the chair shall withdraw the
102-2 bill from further consideration and remove it from the calendar.
102-3 (3) If it develops that any bill or resolution on a
102-4 local, consent, and resolutions calendar is to be contested on the
102-5 floor of the house, the chair shall withdraw the bill or resolution
102-6 from further consideration and remove it from the calendar.
102-7 (4) Any bill or resolution on a local, consent, and
102-8 resolutions calendar shall be considered contested if notice is
102-9 given by five or more members that they intend to oppose the bill
102-10 or resolution, either by a raising of hands or the delivery of
102-11 written notice to the chair.
102-12 (5) Any bill or resolution on a local, consent, and
102-13 resolutions calendar shall be considered contested if debate
102-14 exceeds 10 minutes. The chair shall strictly enforce this time
102-15 limit and automatically withdraw the bill from further
102-16 consideration if the time limit herein imposed is exceeded.
102-17 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
102-18 local calendars, consent calendars, resolutions calendars, and
102-19 congratulatory and memorial calendars, consideration of calendars
102-20 shall be in the order named in Section 7 of this rule, subject to
102-21 any exceptions ordered by the Committee on Calendars. With respect
102-22 to a particular calendar, bills and resolutions on third reading
102-23 shall have precedence over bills and resolutions on second reading.
102-24 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
102-25 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
102-26 printed daily when the house is in session. A printed copy of each
102-27 calendar shall be placed in the newspaper mailbox of each member at
103-1 least 36 hours if convened in regular session and 24 hours if
103-2 convened in special session before the calendar may be considered
103-3 by the house. Deviations from the calendars as printed and
103-4 distributed shall not be permitted except that the Committee on
103-5 Calendars shall be authorized to print and distribute, not later
103-6 than two hours before the house convenes, a supplemental daily
103-7 house calendar, on which shall appear:
103-8 (1) bills or resolutions which were passed to third
103-9 reading on the previous legislative day;
103-10 (2) bills or resolutions which appeared on the Daily
103-11 House Calendar for a previous calendar day which were not reached
103-12 for floor consideration;
103-13 (3) postponed business from a previous calendar day;
103-14 and
103-15 (4) notice to take from the table a bill or resolution
103-16 which was laid on the table subject to call on a previous
103-17 legislative day.
103-18 In addition to the items listed above, the bills and
103-19 resolutions from a daily house calendar that will be eligible for
103-20 consideration may be incorporated, in their proper order as
103-21 determined by these rules, into the supplemental daily house
103-22 calendar.
103-23 (b) In addition, when the volume of legislation shall
103-24 warrant, and upon request of the speaker, the chief clerk shall
103-25 have printed and distributed to the members, a list of Items
103-26 Eligible for Consideration, on which shall appear only:
103-27 (1) house bills with senate amendments that are
104-1 eligible for consideration under Rule 13, Section 5;
104-2 (2) senate bills for which the senate has requested
104-3 appointment of a conference committee; and
104-4 (3) conference committee reports that are eligible for
104-5 consideration under Rule 13, Section 10.
104-6 (c) A copy of the list of Items Eligible for Consideration
104-7 must be placed in the newspaper mailbox of each member at least six
104-8 hours before the list may be considered by the house.
104-9 (d) The time at which the copies of a calendar or list are
104-10 placed in the newspaper mailboxes of the members shall be
104-11 time-stamped on the originals of the calendar or list.
104-12 (e) No house calendar shall be eligible for consideration if
104-13 it is determined that the rules of the house were not complied with
104-14 by the Committee on Calendars in preparing that calendar.
104-15 (f) If the Committee on Calendars has proposed a rule for
104-16 floor consideration of a bill or resolution that is eligible to be
104-17 placed on a calendar of the daily house calendar, the rule must be
104-18 printed and a copy distributed to each member. If the bill or
104-19 resolution to which the rule will apply has already been placed on
104-20 a calendar of the daily house calendar, a copy of the rule must be
104-21 attached to the printed calendar on which the bill or resolution
104-22 appears. The speaker shall lay a proposed rule before the house
104-23 prior to the consideration of the bill or resolution to which the
104-24 rule will apply. The rule may be laid before the house anytime
104-25 after a copy of the rule has been distributed to each member in
104-26 accordance with this subsection. The rule shall not be subject to
104-27 amendment, but to be effective, the rule must be approved by the
105-1 house by an affirmative vote of a majority of those members present
105-2 and voting. If approved by the house in accordance with this
105-3 subsection, the rule will be effective for the consideration of the
105-4 bill or resolution on both second and third readings.
105-5 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
105-6 is placed on its appropriate calendar under these rules, and has
105-7 appeared on a house calendar, as printed and distributed to all
105-8 members, the bill shall retain its relative position on the
105-9 calendar until reached for floor consideration, and the calendars
105-10 committee with jurisdiction over the bill or resolution shall have
105-11 no authority to place other bills on the calendar ahead of that
105-12 bill, but all additions to the calendar shall appear subsequent to
105-13 the bill.
105-14 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. No bill
105-15 or resolution shall be placed on a calendar until:
105-16 (1) it has been referred to and reported from its
105-17 appropriate standing committee by favorable committee action; or
105-18 (2) it is ordered printed on minority report or after
105-19 a committee has reported its inability to recommend a course of
105-20 action.
105-21 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
105-22 resolutions, on being reported from committee, shall be referred
105-23 immediately to the chief clerk for printing and then to the
105-24 appropriate calendars committee for placement on the appropriate
105-25 calendar.
105-26 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR.
105-27 Within 30 calendar days after a bill or resolution has been
106-1 referred to the appropriate calendars committee, the committee must
106-2 vote on whether to place the bill or resolution on one of the
106-3 calendars of the daily house calendar or the local, consent, and
106-4 resolutions calendar, as applicable. A vote against placement of
106-5 the bill or resolution on a calendar does not preclude a calendars
106-6 committee from later voting in favor of placement of the bill or
106-7 resolution on a calendar.
106-8 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill
106-9 or resolution has been in the appropriate calendars committee for
106-10 30 calendar days, exclusive of the calendar day on which it was
106-11 referred, awaiting placement on one of the calendars of the daily
106-12 house calendar or local, consent, and resolutions calendar, it
106-13 shall be in order for a member to move that the bill or resolution
106-14 be placed on a specific calendar of the daily house calendar or
106-15 local, consent, and resolutions calendar without action by the
106-16 committee. This motion must be seconded by five members and shall
106-17 require a majority vote for adoption.
106-18 (b) A motion to place a bill or resolution on a specific
106-19 calendar of the daily house calendar or local, consent, and
106-20 resolutions calendar is not a privileged motion and must be made
106-21 during the routine motion period unless made under a suspension of
106-22 the rules.
106-23 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, OR
106-24 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
106-25 for placement on a local, consent, or resolutions calendar by the
106-26 Committee on Local and Consent Calendars unless a request for that
106-27 placement has been made to the chair of the standing committee
107-1 from which the bill or resolution was reported and unless the
107-2 committee report of the standing committee recommends that the bill
107-3 or resolution be sent to the Committee on Local and Consent
107-4 Calendars for placement on an appropriate calendar. The
107-5 recommendation of the standing committee shall be advisory only,
107-6 and the Committee on Local and Consent Calendars shall have final
107-7 authority to determine whether or not a bill or resolution shall be
107-8 placed on a local, consent, or resolutions calendar. If the
107-9 Committee on Local and Consent Calendars determines that the bill
107-10 or resolution is not eligible for placement on a local, consent,
107-11 or resolutions calendar, the measure shall be sent to the Committee
107-12 on Calendars for further action.
107-13 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON A LOCAL, CONSENT,
107-14 OR RESOLUTIONS CALENDAR. (a) No bill shall be placed on the
107-15 local calendar unless:
107-16 (1) it is a local bill as defined by Rule 8, Section
107-17 10(c);
107-18 (2) evidence of publication of notice in compliance
107-19 with the Texas Constitution and these rules is filed with the
107-20 Committee on Local and Consent Calendars; and
107-21 (3) it has been recommended unanimously by the present
107-22 and voting members of the committee from which it was reported that
107-23 the bill be sent to the Committee on Local and Consent Calendars
107-24 for placement on an appropriate calendar.
107-25 (b) No bill which limits its application by means of
107-26 population brackets shall be placed on the local calendar.
107-27 (c) No bill shall be placed on a consent calendar unless it
108-1 has been recommended unanimously by the present and voting members
108-2 of the committee from which it was reported that the bill be sent
108-3 to the Committee on Local and Consent Calendars for placement on
108-4 an appropriate calendar.
108-5 (d) No resolution shall be placed on a resolutions calendar
108-6 by the Committee on Local and Consent Calendars unless it has been
108-7 recommended unanimously by the present and voting members of the
108-8 committee from which it was reported that the resolution be sent to
108-9 the Committee on Local and Consent Calendars for placement on an
108-10 appropriate calendar.
108-11 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
108-12 bill or resolution once removed from a local calendar, consent
108-13 calendar, or resolutions calendar shall be returned to the
108-14 Committee on Local and Consent Calendars for further action. The
108-15 Committee on Local and Consent Calendars, if it feels such action
108-16 is warranted, may again place the bill or resolution on a local
108-17 calendar, consent calendar, or resolutions calendar, provided,
108-18 however, that if the bill or resolution is not placed on a calendar
108-19 of the next local, consent, and resolutions calendar set by the
108-20 Committee on Local and Consent Calendars, the bill or resolution
108-21 shall immediately be referred to the Committee on Calendars for
108-22 further action. If the bill or resolution is then removed from the
108-23 calendar a second time by being contested on the floor of the
108-24 house, the bill or resolution shall not again be placed on a local
108-25 calendar, consent calendar, or resolutions calendar by the
108-26 Committee on Local and Consent Calendars during that session of the
108-27 legislature but shall be returned to the Committee on Calendars for
109-1 further action.
109-2 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
109-3 the limitations contained in this rule, the Committee on Calendars
109-4 shall have full authority to make placements on calendars in
109-5 whatever order is necessary and desirable under the circumstances
109-6 then existing, except that bills on third reading on a particular
109-7 calendar shall have precedence over bills on second reading on the
109-8 same calendar. It is the intent of the calendar system to give the
109-9 Committee on Calendars wide discretion to insure adequate
109-10 consideration by the house of important legislation.
110-1 RULE 7. MOTIONS
110-2 CHAPTER A. GENERAL MOTIONS
110-3 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
110-4 motions, in addition to any elsewhere provided herein, shall be
110-5 decided without debate, except as otherwise provided in these
110-6 rules:
110-7 (1) to adjourn;
110-8 (2) to lay on the table;
110-9 (3) to lay on the table subject to call;
110-10 (4) to suspend the rule as to the time for
110-11 introduction of bills;
110-12 (5) to order a call of the house, and all motions
110-13 incidental thereto;
110-14 (6) an appeal by a member called to order;
110-15 (7) on questions relating to priority of business;
110-16 (8) to amend the caption of a bill or resolution;
110-17 (9) to extend the time of a member speaking under the
110-18 previous question or to allow a member who has the right to speak
110-19 after the previous question is ordered to yield the time, or a part
110-20 of it, to another;
110-21 (10) to reconsider and table.
110-22 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
110-23 the mover and one opponent of the motion three minutes each during
110-24 which to debate the following motions without debating the merits
110-25 of the bill, resolution, or other matter, and the mover of the
110-26 motion may elect to either open the debate or close the debate, but
110-27 the mover's time may not be divided:
111-1 (1) to suspend the regular order of business and take
111-2 up some measure out of its regular order;
111-3 (2) to instruct a committee to report a certain bill
111-4 or resolution;
111-5 (3) to rerefer a bill or resolution from one committee
111-6 to another;
111-7 (4) to place a bill or resolution on a specific
111-8 calendar without action by the appropriate calendars committee;
111-9 (5) to take up a bill or resolution laid on the table
111-10 subject to call;
111-11 (6) to set a special order;
111-12 (7) to suspend the rules;
111-13 (8) to suspend the constitutional rule requiring bills
111-14 to be read on three several days;
111-15 (9) to pass a resolution suspending the joint rules;
111-16 (10) to order the previous question;
111-17 (11) to order the limiting of amendments to a bill or
111-18 resolution;
111-19 (12) to print documents, reports, or other material in
111-20 the journal;
111-21 (13) to take any other action required or permitted
111-22 during the routine motion period by Rule 6, Section 1;
111-23 (14) to divide the question.
111-24 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
111-25 under debate, the following motions, and none other, shall be in
111-26 order, and such motions shall have precedence in the following
111-27 order:
112-1 (1) to adjourn;
112-2 (2) to take recess;
112-3 (3) to lay on the table;
112-4 (4) to lay on the table subject to call;
112-5 (5) for the previous question;
112-6 (6) to postpone to a day certain;
112-7 (7) to commit, recommit, refer, or rerefer;
112-8 (8) to amend by striking out the enacting or resolving
112-9 clause, which, if carried, shall have the effect of defeating the
112-10 bill or resolution;
112-11 (9) to amend;
112-12 (10) to postpone indefinitely.
112-13 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
112-14 been made, the speaker shall state it, or if it is in writing,
112-15 order it read by the clerk; and it shall then be in possession of
112-16 the house.
112-17 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
112-18 the house and entertained by the speaker shall be reduced to
112-19 writing on the demand of any member, and shall be entered on the
112-20 journal with the name of the member making it.
112-21 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
112-22 by the mover at any time before a decision on the motion, even
112-23 though an amendment may have been offered and is pending. It
112-24 cannot be withdrawn, however, if the motion has been amended.
112-25 After the previous question has been ordered, a motion can be
112-26 withdrawn only by unanimous consent.
112-27 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
113-1 or recess shall always be in order, except:
113-2 (1) when the house is voting on another motion;
113-3 (2) when the previous question has been ordered and
113-4 before the final vote on the main question, unless a roll call
113-5 shows the absence of a quorum;
113-6 (3) when a member entitled to the floor has not
113-7 yielded for that purpose; or
113-8 (4) when no business has been transacted since a
113-9 motion to adjourn or recess has been defeated.
113-10 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
113-11 RECESS. When several motions to recess or adjourn are made at the
113-12 same period, the motion to adjourn carrying the shortest time shall
113-13 be put first, then the next shortest time, and in that order until
113-14 a motion to adjourn has been adopted or until all have been voted
113-15 on and lost; and then the same procedure shall be followed for
113-16 motions to recess.
113-17 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
113-18 RECESS. A motion to adjourn or recess may not be withdrawn when it
113-19 is one of a series upon which voting has commenced, nor may an
113-20 additional motion to adjourn or recess be made when voting has
113-21 commenced on a series of such motions.
113-22 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
113-23 vote by which a motion to adjourn or recess is carried or lost
113-24 shall not be subject to a motion to reconsider.
113-25 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
113-26 number of members than a quorum may adjourn from day to day, and
113-27 may compel the attendance of absent members.
114-1 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
114-2 carried, shall have the effect of killing the bill, resolution,
114-3 amendment, or other immediate proposition to which it was applied.
114-4 Such a motion shall not be debatable, but the mover of the
114-5 proposition to be tabled, or the member reporting it from
114-6 committee, shall be allowed to close the debate after the motion to
114-7 table is made and before it is put to a vote. When a motion to
114-8 table is made to a debatable main motion, the main motion mover
114-9 shall be allowed 20 minutes to close the debate, whereas the movers
114-10 of other debatable motions sought to be tabled shall be allowed
114-11 only 10 minutes to close. The vote by which a motion to table is
114-12 carried or lost cannot be reconsidered. After the previous
114-13 question has been ordered, a motion to table is not in order. The
114-14 provisions of this section do not apply to motions to "lay on the
114-15 table subject to call"; however, a motion to lay on the table
114-16 subject to call cannot be made after the previous question has been
114-17 ordered.
114-18 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
114-19 resolution, or other matter is pending before the house, it may be
114-20 laid on the table subject to call, and one legislative day's
114-21 notice, as printed on the Supplemental House Calendar, must be
114-22 given before the proposition can be taken from the table, unless it
114-23 is on the same legislative day, in which case it can be taken from
114-24 the table at any time except when there is another matter pending
114-25 before the house. A bill, resolution, or other matter can be taken
114-26 from the table only by a majority vote of the house. When a
114-27 special order is pending, a motion to take a proposition from the
115-1 table cannot be made unless the proposition is a privileged
115-2 matter.
115-3 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
115-4 certain may be amended and is debatable within narrow limits, but
115-5 the merits of the proposition sought to be postponed cannot be
115-6 debated. A motion to postpone indefinitely opens to debate the
115-7 entire proposition to which it applies.
115-8 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
115-9 to a day certain shall be laid before the house at the time on the
115-10 calendar day to which it was postponed, provided it is otherwise
115-11 eligible under the rules and no other business is then pending. If
115-12 business is pending, the postponed matter shall be deferred until
115-13 the pending business is disposed of without prejudice otherwise to
115-14 its right of priority. When a privileged matter is postponed to a
115-15 particular time, and that time arrives, the matter, still retaining
115-16 its privileged nature, shall be taken up even though another matter
115-17 is pending.
115-18 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
115-19 two or more bills, resolutions, or other propositions are postponed
115-20 to the same time, and are otherwise eligible for consideration at
115-21 that time, they shall be considered in the chronological order of
115-22 their setting.
115-23 Sec. 17. MOTION TO REFER. When motions are made to refer a
115-24 subject to a select or standing committee, the question on the
115-25 subject's referral to a standing committee shall be put first.
115-26 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
115-27 after being defeated at the routine motion period, may again be
116-1 made when the bill itself is under consideration; however, a motion
116-2 to recommit a bill shall not be in order at the routine motion
116-3 period if the bill is then before the house as either pending
116-4 business or unfinished business.
116-5 A motion to recommit a bill or resolution can be made and
116-6 voted on even though the author, sponsor, or principal proponent is
116-7 not present.
116-8 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
116-9 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
116-10 recommit is debatable within narrow limits, but the merits of the
116-11 proposition may not be brought into the debate. A motion to refer,
116-12 rerefer, commit, or recommit with instructions is fully
116-13 debatable.
116-14 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
116-15 Except as provided in Rule 4, Section 30, when a bill has been
116-16 recommitted once at any reading and has been reported adversely by
116-17 the committee to which it was referred, it shall be in order to
116-18 again recommit the bill only if a minority report has been filed in
116-19 the time required by the rules of the house. A two-thirds vote of
116-20 those present shall be required to recommit a second time.
116-21 CHAPTER B. MOTION FOR THE PREVIOUS
116-22 QUESTION
116-23 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
116-24 motion for the previous question, which shall be admitted only when
116-25 seconded by 25 members. It shall be put by the chair in this
116-26 manner: "The motion has been seconded. Three minutes pro and con
116-27 debate will be allowed on the motion for ordering the previous
117-1 question." As soon as the debate has ended, the chair shall
117-2 continue: "As many as are in favor of ordering the previous
117-3 question on (here state on which question or questions) will say
117-4 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
117-5 other propositions, a motion for the previous question may be taken
117-6 by a record vote if demanded by three members. If ordered by a
117-7 majority of the members voting, a quorum being present, it shall
117-8 have the effect of cutting off all debate, except as provided in
117-9 Section 23 of this rule, and bringing the house to a direct vote on
117-10 the immediate question or questions on which it has been asked and
117-11 ordered.
117-12 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
117-13 motion for the previous question, there shall be no debate except
117-14 as provided in Sections 2 and 21 of this rule. All incidental
117-15 questions of order made pending decision on such motion shall be
117-16 decided, whether on appeal or otherwise, without debate.
117-17 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
117-18 ORDERED. After the previous question has been ordered, there shall
117-19 be no debate upon the questions on which it has been ordered, or
117-20 upon the incidental questions, except that the mover of the
117-21 proposition or any of the pending amendments or any other motions,
117-22 or the member making the report from the committee, or, in the case
117-23 of the absence of either of them, any other member designated by
117-24 such absentee, shall have the right to close the debate on the
117-25 particular proposition or amendment. Then a vote shall be taken
117-26 immediately on the amendments or other motions, if any, and then on
117-27 the main question.
118-1 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
118-2 ORDERED. All members having the right to speak after the previous
118-3 question has been ordered shall speak before the question is put on
118-4 the first proposition covered by the previous question. All votes
118-5 shall then be taken in the correct order, and no vote or votes
118-6 shall be deferred to allow any member to close on any one of the
118-7 propositions separately after the voting has commenced.
118-8 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
118-9 amendment has been substituted and the previous question is then
118-10 moved on the adoption of the amendment as substituted, the author
118-11 of the amendment as substituted shall have the right to close the
118-12 debate on that amendment in lieu of the author of the original
118-13 amendment.
118-14 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
118-15 the previous question is ordered on a motion to postpone
118-16 indefinitely or to amend by striking out the enacting clause of a
118-17 bill, the member moving to postpone or amend shall have the right
118-18 to close the debate on that motion or amendment, after which the
118-19 mover of the proposition or bill proposed to be so postponed or
118-20 amended, or the member reporting it from the committee, or, in the
118-21 absence of either of them, any other member designated by the
118-22 absentee, shall be allowed to close the debate on the original
118-23 proposition.
118-24 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
118-25 question may be asked and ordered on any debatable single motion or
118-26 series of motions, or any amendment or amendments pending, or it
118-27 may be made to embrace all authorized debatable motions or
119-1 amendments pending and include the bill, resolution, or proposition
119-2 that is on second or third reading. The previous question cannot
119-3 be ordered, however, on the main proposition without including
119-4 other pending motions of lower rank as given in Section 3 of this
119-5 rule.
119-6 Sec. 28. LIMIT OF APPLICATION. The previous question shall
119-7 not extend beyond the final vote on a motion or sequence of motions
119-8 to which the previous question has been ordered.
119-9 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
119-10 Amendments on the speaker's desk for consideration which have not
119-11 actually been laid before the house and read cannot be included
119-12 under a motion for the previous question.
119-13 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
119-14 TABLE. If a motion to table is made directly to a main motion, the
119-15 motion for the previous question is not in order. In a case where
119-16 an amendment to a main motion is pending, and a motion to table the
119-17 amendment is made, it is in order to move the previous question on
119-18 the main motion, the pending amendment, and the motion to table the
119-19 amendment.
119-20 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
119-21 There is no acceptable substitute for a motion for the previous
119-22 question, nor can other motions be applied to it.
119-23 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
119-24 TABLING. The motion for the previous question is not subject to a
119-25 motion to table.
119-26 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
119-27 QUESTION ACCEPTED. The motion to adjourn is not in order after a
120-1 motion for the previous question is accepted by the chair, or after
120-2 the seconding of such motion and before a vote is taken.
120-3 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
120-4 After the previous question has been ordered, no motion shall be in
120-5 order until the question or questions on which it was ordered have
120-6 been voted on, without debate, except:
120-7 (1) a motion for a call of the house, and motions
120-8 incidental thereto;
120-9 (2) a motion to extend the time of a member closing on
120-10 a proposition;
120-11 (3) a motion to permit a member who has the right to
120-12 speak to yield the time or a part thereof to another member;
120-13 (4) a request for and a verification of a vote;
120-14 (5) a motion to reconsider the vote by which the
120-15 previous question was ordered. A motion to reconsider may be made
120-16 only once and that must be before any vote under the previous
120-17 question has been taken;
120-18 (6) a motion to table a motion to reconsider the vote
120-19 by which the previous question has been ordered;
120-20 (7) a double motion to reconsider and table the vote
120-21 by which the previous question was ordered.
120-22 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
120-23 ORDERED. No motion for an adjournment or a recess shall be in
120-24 order after the previous question is ordered until the final vote
120-25 under the previous question has been taken, unless the roll call
120-26 shows the absence of a quorum.
120-27 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
121-1 adjourns without a quorum under the previous question, the previous
121-2 question shall remain in force and effect when the bill,
121-3 resolution, or other proposition is again laid before the house.
121-4 CHAPTER C. RECONSIDERATION
121-5 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
121-6 question has been decided by the house, any member voting with the
121-7 prevailing side may, on the same legislative day, or on the next
121-8 legislative day, move a reconsideration; however, if a
121-9 reconsideration is moved on the next legislative day, it must be
121-10 done before the order of the day, as designated in the ninth item
121-11 of Rule 6, Section 1(a), is taken up. If the house refuses to
121-12 reconsider, or on reconsideration, affirms its decision, no further
121-13 action to reconsider shall be in order.
121-14 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
121-15 yeas and nays have not been called for and recorded, any member,
121-16 regardless of whether he or she voted on the prevailing side or
121-17 not, may make the motion to reconsider; however, even when the yeas
121-18 and nays have not been recorded, the following shall not be
121-19 eligible to make a motion to reconsider:
121-20 (1) a member who was absent;
121-21 (2) a member who was paired and, therefore, did not
121-22 vote; and
121-23 (3) a member who was recorded in the journal as having
121-24 voted on the losing side.
121-25 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
121-26 reconsider shall be debatable only when the question to be
121-27 reconsidered is debatable. Even though the previous question was
122-1 in force before the vote on a debatable question was taken, debate
122-2 is permissible on the reconsideration of such debatable question.
122-3 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
122-4 shall be decided by a majority vote, even though the vote on the
122-5 original question requires a two-thirds vote for affirmative
122-6 action. If the motion to reconsider prevails, the question then
122-7 immediately recurs on the question reconsidered.
122-8 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
122-9 reconsider cannot be withdrawn unless permission is given by a
122-10 majority vote of the house, and the motion may be called up by any
122-11 member.
122-12 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
122-13 reconsider shall be subject to a motion to table, which, if
122-14 carried, shall be a final disposition of the motion to
122-15 reconsider.
122-16 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
122-17 motion to reconsider and table shall be in order. It shall be
122-18 undebatable. When carried, the motion to reconsider shall be
122-19 tabled. When it fails, the question shall then be on the motion to
122-20 reconsider, and the motion to reconsider shall, without further
122-21 action, be spread on the journal, but it may be called up by any
122-22 member, in accordance with the provisions of Section 44 of this
122-23 rule.
122-24 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
122-25 If a motion to reconsider is not disposed of when made, it shall be
122-26 entered in the journal, and cannot, after that legislative day, be
122-27 called up and disposed of unless one legislative day's notice has
123-1 been given.
123-2 (b) Unless called up and disposed of prior to 72 hours
123-3 before final adjournment of the session, all motions to reconsider
123-4 shall be regarded as determined and lost.
123-5 (c) All motions to reconsider made during the last 72 hours
123-6 of the session shall be disposed of when made; otherwise, the
123-7 motion shall be considered as lost.
123-8 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
123-9 member voting on the prevailing side may make a motion to
123-10 reconsider and spread on the journal, which does not require a
123-11 vote, and on the motion being made, it shall be entered on the
123-12 journal. Any member, regardless of whether he or she voted on the
123-13 prevailing side or not, who desires immediate action on a motion to
123-14 reconsider which has been spread on the journal, can call it up as
123-15 soon as it is made, and demand a vote on it, or can call it up and
123-16 move to table it.
123-17 (b) If the motion to table the motion to reconsider is
123-18 defeated, the motion to reconsider remains spread on the journal
123-19 for future action; however, any member, regardless of whether he or
123-20 she voted on the prevailing side or not, can call the motion from
123-21 the journal for action by the house, and, once disposed of, no
123-22 other motion to reconsider can be made.
123-23 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
123-24 the first 76 calendar days of a regular session, when any bill,
123-25 resolution, or other paper has been in committee for 6 calendar
123-26 days, exclusive of the calendar day on which it was referred, it
123-27 shall be in order for a member to move that the committee be
124-1 required to report the same within 7 calendar days. This motion
124-2 shall require a two-thirds vote for passage.
124-3 (b) After the first 76 calendar days of a regular session,
124-4 when any bill, resolution, or other paper has been in committee for
124-5 6 calendar days, exclusive of the calendar day on which it was
124-6 referred, it shall be in order for a member to move that the
124-7 committee be required to report the same within 7 calendar days.
124-8 This motion shall require a majority vote for passage.
124-9 (c) A motion to instruct a committee to report is not a
124-10 privileged motion and must be made during the routine motion period
124-11 unless made under a suspension of the rules.
124-12 (d) The house shall have no authority to instruct a
124-13 subcommittee directly; however, instructions recognized under the
124-14 rules may be given to a committee and shall be binding on all
124-15 subcommittees.
124-16 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE.
124-17 (a) During the first 76 calendar days of a regular session, when
124-18 any bill, resolution, or other paper has been in committee for 7
124-19 calendar days after the committee was instructed by the house to
124-20 report that measure by a motion made under Section 46 of this rule,
124-21 it shall be in order for a member to move to rerefer the bill,
124-22 resolution, or other paper to a different committee. This motion
124-23 shall require a two-thirds vote for passage.
124-24 (b) After the first 76 calendar days of a regular session,
124-25 when any bill, resolution, or other paper has been in committee for
124-26 7 calendar days after the committee has been instructed to report
124-27 that measure by a motion made under Section 46 of this rule, it
125-1 shall be in order for a member to move to rerefer the bill,
125-2 resolution, or other paper to a different committee. This motion
125-3 shall require a majority vote for passage.
125-4 (c) A motion to rerefer a bill, resolution, or other paper
125-5 from one committee to another committee is not a privileged motion
125-6 and must be made during the routine motion period unless made under
125-7 a suspension of the rules.
126-1 RULE 8. BILLS
126-2 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
126-3 must be incorporated in bills, which shall consist of:
126-4 (1) a title or caption, beginning with the words "A
126-5 Bill to be Entitled An Act" and a brief statement that gives the
126-6 legislature and the public reasonable notice of the subject of the
126-7 proposed measure;
126-8 (2) an enacting clause, "Be It Enacted by the
126-9 Legislature of the State of Texas"; and
126-10 (3) the bill proper.
126-11 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
126-12 revived or amended by reference to its title. The act revived, or
126-13 the section or sections amended, shall be reenacted and published
126-14 at length. This rule does not apply to revisions adopted under
126-15 Article III, Section 43, of the Texas Constitution.
126-16 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
126-17 (except a general appropriations bill, which may embrace the
126-18 various subjects and accounts for which money is appropriated or a
126-19 revision adopted under Article III, Section 43, of the Texas
126-20 Constitution) shall contain only one subject.
126-21 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
126-22 A general law may not be changed by the provisions in an
126-23 appropriations bill.
126-24 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
126-25 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
126-26 resolution may have only one primary author. The signature of the
126-27 primary author shall be the only signature that appears on the
127-1 original measure and all copies filed with the chief clerk. The
127-2 signatures of all coauthors or joint authors shall appear on the
127-3 appropriate forms in the chief clerk's office.
127-4 (b) Any member may become the coauthor of a bill or
127-5 resolution by securing permission from the author. If permission
127-6 is secured from the author prior to the time the measure is filed
127-7 with the chief clerk, the primary author and the coauthor shall
127-8 sign the appropriate form, which shall be included with the measure
127-9 when it is filed with the chief clerk. If a member wishes to
127-10 become the coauthor of a measure after it has been filed, no
127-11 action shall be required by the house, but it shall be the duty of
127-12 the member seeking to be a coauthor to obtain written authorization
127-13 on the appropriate form from the author. This authorization shall
127-14 be filed with the chief clerk before the coauthor signs the form
127-15 for the bill or resolution. The chief clerk shall report daily to
127-16 the journal clerk the names of members filed as coauthors of bills
127-17 or resolutions. If a coauthor of a bill or resolution desires to
127-18 withdraw from such status, the member shall notify the chief clerk,
127-19 who in turn shall notify the journal clerk.
127-20 (c) The primary author of a measure may designate up to four
127-21 joint authors by providing written authorization on the appropriate
127-22 form to the chief clerk. If a member designated as a joint author
127-23 has not already signed on the measure as a coauthor, that member
127-24 must also sign the form before the records will reflect the joint
127-25 author status of that member. The names of all joint authors shall
127-26 be shown immediately following the primary author's name on all
127-27 official printings of the measure, on all house calendars, in the
128-1 house journal, and in the electronic legislative information
128-2 system.
128-3 (d) The determination of the house sponsor of a senate
128-4 measure is made at the time the measure is reported from committee.
128-5 In the case of multiple requests for house sponsorship, the house
128-6 sponsor of a senate measure shall be determined by the chair of the
128-7 committee, in consultation with the senate author of the measure.
128-8 The chair of the committee must designate a primary sponsor and may
128-9 designate up to four joint sponsors or an unlimited number of
128-10 cosponsors. The names of all joint sponsors shall be shown
128-11 immediately following the primary sponsor's name on all official
128-12 printings of the measure, on all house calendars, in the house
128-13 journal, and in the electronic legislative information system.
128-14 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
128-15 Each bill shall be filed with the chief clerk when introduced and
128-16 shall be numbered in its regular order. Each bill shall be read
128-17 first time by caption and referred by the speaker to the
128-18 appropriate committee with jurisdiction.
128-19 Sec. 7. PREFILING. Beginning the first Monday after the
128-20 general election preceding the next regular legislative session, or
128-21 within 30 days prior to any special session, it shall be in order
128-22 to file with the chief clerk bills and resolutions for introduction
128-23 in that session. On receipt of the bills or resolutions, the chief
128-24 clerk shall number them and make them a matter of public record,
128-25 available for distribution. Once a bill or resolution has been so
128-26 filed, it may not be recalled. This shall apply only to
128-27 members-elect of the succeeding legislative session.
129-1 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
129-2 resolutions introduced during the first 60 calendar days of the
129-3 regular session may be considered by the committees and in the
129-4 house and disposed of at any time during the session, in accordance
129-5 with the rules of the house. After the first 60 calendar days of a
129-6 regular session, any bill or joint resolution, except local bills,
129-7 emergency appropriations, and all emergency matters submitted by
129-8 the governor in special messages to the legislature, shall require
129-9 an affirmative vote of four-fifths of those members present and
129-10 voting to be introduced.
129-11 Sec. 9. NUMBER OF COPIES FILED. (a) Eleven copies of every
129-12 bill, except bills relating to conservation and reclamation
129-13 districts and governed by the provisions of Article XVI, Section
129-14 59, of the Texas Constitution, must be filed with the chief clerk
129-15 at the time that the bill is introduced.
129-16 (b) Thirteen copies of every bill relating to conservation
129-17 and reclamation districts and governed by the provisions of Article
129-18 XVI, Section 59, of the Texas Constitution, with copies of the
129-19 notice to introduce the bill attached, must be filed with the chief
129-20 clerk at the time that the bill is introduced if the bill is
129-21 intended to:
129-22 (1) create a particular conservation and reclamation
129-23 district; or
129-24 (2) amend the act of a particular conservation and
129-25 reclamation district to:
129-26 (A) add additional land to the district;
129-27 (B) alter the taxing authority of the district;
130-1 (C) alter the authority of the district with
130-2 respect to issuing bonds; or
130-3 (D) alter the qualifications or terms of office
130-4 of the members of the governing body of the district.
130-5 (c) No bill may be laid before the house on first reading
130-6 until it is in compliance with the provisions of this section.
130-7 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
130-8 committee of the house may consider a local bill unless notice of
130-9 intention to apply for the passage of the bill was published as
130-10 provided by law and evidence of the publication was attached to the
130-11 bill on filing with the chief clerk.
130-12 (b) Neither the house nor a committee of the house may
130-13 consider a bill whose application is limited to one or more
130-14 political subdivisions by means of population brackets or other
130-15 artificial devices in lieu of identifying the political subdivision
130-16 or subdivisions by name. However, this subsection does not prevent
130-17 consideration of a bill that classifies political subdivisions
130-18 according to a minimum or maximum population or other criterion
130-19 that bears a reasonable relation to the purpose of the proposed
130-20 legislation or a bill that updates laws based on population
130-21 classifications to conform to a federal decennial census.
130-22 (c) Except as provided by Subsection (d) of this section,
130-23 "local bill" for purposes of this section means:
130-24 (1) a bill for which publication of notice is required
130-25 under Article XVI, Section 59, of the Texas Constitution (water
130-26 districts, etc.);
130-27 (2) a bill for which publication of notice is required
131-1 under Article IX, Section 9, of the Texas Constitution (hospital
131-2 districts);
131-3 (3) a bill relating to hunting, fishing, or
131-4 conservation of wildlife resources of a specified locality;
131-5 (4) a bill creating or affecting a county court or
131-6 statutory court or courts of one or more specified counties or
131-7 municipalities;
131-8 (5) a bill creating or affecting the juvenile board or
131-9 boards of a specified county or counties; or
131-10 (6) a bill creating or affecting a road utility
131-11 district under the authority of Article III, Section 52, of the
131-12 Texas Constitution.
131-13 (d) A bill is not considered to be a local bill under
131-14 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
131-15 localities, counties, or municipalities so as to be of general
131-16 application or of statewide importance.
131-17 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
131-18 considered unless it first has been referred to a committee and
131-19 reported from it.
131-20 (b) After a bill has been recommitted, it shall be
131-21 considered by the committee as a new subject.
131-22 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
131-23 before the house shall be taken up and acted on in the order in
131-24 which they appear on their respective calendars, and each calendar
131-25 shall have the priority accorded to it by the provisions of Rule 6,
131-26 Sections 7 and 8.
131-27 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
132-1 that is local as defined by Section 10(c) of this rule and that
132-2 appears on a local, consent, and resolutions calendar shall be
132-3 considered for any purpose after the 130th day of a regular
132-4 session, except to:
132-5 (1) act on senate amendments;
132-6 (2) adopt a conference committee report;
132-7 (3) reconsider the bill to make corrections; or
132-8 (4) pass the bill notwithstanding the objections of
132-9 the governor.
132-10 (b) No other house bill or joint resolution shall be
132-11 considered on its second reading after the 122nd day of a regular
132-12 session if it appears on a daily or supplemental daily house
132-13 calendar, or for any purpose after the 123rd day of a regular
132-14 session, except to:
132-15 (1) act on senate amendments;
132-16 (2) adopt a conference committee report;
132-17 (3) reconsider the bill or resolution to make
132-18 corrections; or
132-19 (4) pass the bill notwithstanding the objections of
132-20 the governor.
132-21 (c) No senate bill or joint resolution shall be considered
132-22 on its second reading after the 134th day of a regular session if
132-23 it appears on a daily or supplemental daily house calendar, or for
132-24 any purpose after the 135th day of a regular session, except to:
132-25 (1) adopt a conference committee report;
132-26 (2) reconsider the bill or resolution to remove house
132-27 amendments;
133-1 (3) reconsider the bill or resolution to make
133-2 corrections; or
133-3 (4) pass the bill notwithstanding the objections of
133-4 the governor.
133-5 (d) The speaker shall not lay any bill or joint resolution
133-6 before the house or permit a vote to be taken on its passage on the
133-7 136th and 137th days of a regular session, except to:
133-8 (1) act on senate amendments;
133-9 (2) adopt a conference committee report;
133-10 (3) reconsider the bill or resolution to remove house
133-11 amendments;
133-12 (4) reconsider the bill or resolution to make
133-13 corrections; or
133-14 (5) pass the bill notwithstanding the objections of
133-15 the governor.
133-16 (e) The speaker shall not lay any bill or joint resolution
133-17 before the house or permit a vote to be taken on its passage on the
133-18 138th and 139th days of a regular session, except to:
133-19 (1) adopt a conference committee report;
133-20 (2) reconsider the bill or resolution to remove house
133-21 amendments;
133-22 (3) discharge house conferees and concur in senate
133-23 amendments;
133-24 (4) reconsider the bill or resolution to make
133-25 corrections; or
133-26 (5) [(4)] pass the bill notwithstanding the objections
133-27 of the governor.
134-1 (f) No vote shall be taken upon the passage of any bill or
134-2 resolution within 24 hours of the final adjournment of a regular
134-3 session unless it be to reconsider the bill or resolution to make
134-4 corrections, or to adopt a corrective resolution.
134-5 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
134-6 (a) A printed copy of each bill or resolution, except the general
134-7 appropriations bill, shall be placed in the newspaper mailbox of
134-8 each member at least 36 hours if convened in regular session and 24
134-9 hours if convened in special session before the bill can be
134-10 considered by the house on second reading. A printed copy of the
134-11 general appropriations bill shall be placed in the newspaper
134-12 mailbox of each member at least 168 hours during a regular session
134-13 and at least 72 hours during a special session before the bill can
134-14 be considered by the house on second reading.
134-15 (b) By majority vote, the house may order both the original
134-16 bill or resolution and the complete committee substitute to be
134-17 printed. It shall not be necessary for the house to order complete
134-18 committee substitutes printed in lieu of original bills.
134-19 (c) A two-thirds vote of the house is necessary to order
134-20 that bills, other than local bills, be not printed. It shall not
134-21 be necessary for the house to order that local bills be not
134-22 printed.
134-23 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
134-24 have the force of law until it has been read on three several
134-25 legislative days in each house and free discussion allowed, unless,
134-26 in case of imperative public necessity (which necessity shall be
134-27 stated in the preamble or in the body of the bill), this provision
135-1 is suspended by a vote of four-fifths of the members present and
135-2 voting, a quorum being present. The yeas and nays shall be taken
135-3 on the question of suspension and entered in the journal.
135-4 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
135-5 consideration of any bill or resolution, the house may, by a
135-6 majority vote, order the bill or resolution to be considered
135-7 section by section, or department by department, until each section
135-8 or department has been given separate consideration. If such a
135-9 procedure is ordered, only amendments to the section or department
135-10 under consideration at that time shall be in order. However, after
135-11 each section or department has been considered separately, the
135-12 entire bill or resolution shall be open for amendment, subject to
135-13 the provisions of Rule 11, Section 8(b). Once the consideration of
135-14 a bill section by section or department by department has been
135-15 ordered, it shall not be in order to move the previous question on
135-16 the entire bill, to recommit it, to lay it on the table, or to
135-17 postpone it, until each section or department has been given
135-18 separate consideration or until the vote by which section by
135-19 section consideration was ordered is reconsidered.
135-20 (b) A motion to consider a bill section by section is
135-21 debatable within narrow limits; that is, the pros and cons of the
135-22 proposed consideration can be debated but not the merits of the
135-23 bill.
135-24 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
135-25 bill or complete committee substitute for a bill has been taken up
135-26 and read, amendments shall be in order. If no amendment is made,
135-27 or if those proposed are disposed of, then the final question on
136-1 its second reading shall be, in the case of a house bill, whether
136-2 it shall be passed to engrossment, or, in the case of a senate
136-3 bill, whether it shall pass to its third reading. All bills
136-4 ordered passed to engrossment or passed to a third reading shall
136-5 remain on the calendar on which placed, but with future priority
136-6 over bills on the same calendar that have not passed second
136-7 reading.
136-8 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
136-9 shall certify the final passage of each bill, noting on the bill
136-10 the date of its passage, and the vote by which it passed, if by a
136-11 yea and nay vote.
136-12 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
136-13 resolution to recall a bill from the senate shall be in order if a
136-14 motion to reconsider the vote by which the bill finally passed has
136-15 been made and adopted within the time prescribed by the rules.
136-16 Sec. 20. EFFECTIVE DATE. Every law passed by the
136-17 legislature, except the General Appropriations Act, shall take
136-18 effect or go into force 90 days after the adjournment of the
136-19 session at which it was enacted. In case of an emergency, which
136-20 must be expressed in a preamble or in the body of the act, the
136-21 legislature may, by a vote of two-thirds of all the members elected
136-22 to each house, provide otherwise. The vote shall be taken by yeas
136-23 and nays and entered in the journals.
136-24 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
136-25 After a bill or resolution has been considered and defeated by
136-26 either house of the legislature, no bill or resolution containing
136-27 the same substance shall be passed into law during the same
137-1 session.
137-2 Sec. 22. CONSIDERATION OF BILLS INVOLVING STATE FUNDS.
137-3 (a) In order to assure the continuation of financial support of
137-4 existing state services through the passage of the general
137-5 appropriations bill, it shall not be in order during the first 120
137-6 days of the regular session for the speaker to lay before the
137-7 house, prior to the consideration, passage, and certification by
137-8 the comptroller of the general appropriations bill, any bill that
137-9 directly or indirectly prevents from being available for purposes
137-10 of funding state government generally any money that under existing
137-11 law would otherwise be available for that purpose, including a bill
137-12 that transfers or diverts money in the state treasury from the
137-13 general revenue fund to another fund.
137-14 (b) In order to assure compliance with the limitation on
137-15 appropriations of state tax revenue not dedicated by the
137-16 constitution as provided by Article VIII, Section 22, of the Texas
137-17 Constitution, it is not in order for the speaker to lay before the
137-18 house, prior to the time that the general appropriations bill has
137-19 been finally passed and sent to the comptroller, any bill that
137-20 appropriates funds from the state treasury that are not dedicated
137-21 by the constitution.
137-22 (c) When bills subject to the provisions of Subsection (a)
137-23 of this section become eligible for consideration, they shall be
137-24 considered for passage under the rules of the house and the joint
137-25 rules as any other bill but shall not be signed by the speaker as
137-26 required by the Constitution of Texas and the rules of the house
137-27 until the general appropriations bill has been signed by the
138-1 presiding officers of both houses of the legislature and
138-2 transmitted to the comptroller of public accounts for certification
138-3 as required by Article III, Section 49a, of the Constitution of
138-4 Texas.
138-5 (d) All bills subject to the provisions of Subsection (a) of
138-6 this section that have finally passed both houses shall be enrolled
138-7 as required by the rules and transmitted to the speaker. The
138-8 speaker shall note on each bill the date and hour of final
138-9 legislative action and shall withhold his or her signature and any
138-10 further action on all such bills until the general appropriations
138-11 bill has been signed by the presiding officers of both houses and
138-12 transmitted to the comptroller of public accounts for
138-13 certification. Immediately thereafter, the speaker shall sign in
138-14 the presence of the house all bills on which further action was
138-15 being withheld because the bills were subject to the provisions of
138-16 this section. After being signed by the speaker, the bills shall
138-17 then be transmitted to the comptroller of public accounts for
138-18 certification or to the governor, as the case may be, in the order
138-19 in which final legislative action was taken. "Final legislative
138-20 action," as that term is used in this subsection, shall mean the
138-21 last act of either house meeting in general session necessary to
138-22 place the bill in its final form preparatory to enrollment.
138-23 (e) Subsections (a)-(d) of this section shall not apply to
138-24 any bills providing for:
138-25 (1) the payment of expenses of the legislature;
138-26 (2) the payment of judgments against the state;
138-27 (3) any emergency matter when requested by the
139-1 governor in a formal message to the legislature; or
139-2 (4) the reduction of taxes.
139-3 (f) Unless within the authority of a resolution or
139-4 resolutions adopted pursuant to Article VIII, Section 22(b), of the
139-5 Texas Constitution, it is not in order for the house to consider
139-6 for final passage on third reading, on motion to concur in senate
139-7 amendments, or on motion to adopt a conference committee report, a
139-8 bill appropriating funds from the state treasury in an amount that,
139-9 when added to amounts previously appropriated by bills finally
139-10 passed and sent or due to be sent to the comptroller, would exceed
139-11 the limit on appropriations established under Chapter 316,
139-12 Government Code.
139-13 (g) The general appropriations bill shall be reported to the
139-14 house by the Committee on Appropriations not later than the 90th
139-15 calendar day of the regular session. Should the Committee on
139-16 Appropriations fail to report by the deadline, Subsections (a)-(d)
139-17 of this section shall be suspended for the balance of that regular
139-18 session.
140-1 RULE 9. JOINT RESOLUTIONS
140-2 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
140-3 proposed amendment to the Texas Constitution shall take the form of
140-4 a joint resolution, which shall be subject to the rules that govern
140-5 the proceedings on bills, except as provided by this section.
140-6 (b) A joint resolution is not subject to the provisions of
140-7 Rule 8, Section 3, or Rule 11, Section 3.
140-8 (c) A joint resolution shall be adopted on any reading
140-9 after the first if it receives a two-thirds vote of the elected
140-10 membership of the house. If such a joint resolution receives only
140-11 a majority vote on second reading, it shall be passed to
140-12 engrossment, and subsequent proceedings shall be the same as those
140-13 governing the final passage of bills which have been passed to
140-14 engrossment. If such a joint resolution does not receive a
140-15 two-thirds vote of the elected membership of the house on third
140-16 reading and final passage, it shall fail of adoption.
140-17 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
140-18 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
140-19 proposed amendment to or application to Congress for a convention
140-20 to amend the Constitution of the United States shall take the form
140-21 of a joint resolution, which shall be subject to the rules that
140-22 govern the proceedings on bills, except that it shall be adopted on
140-23 second reading if it receives a majority vote of the members
140-24 present and voting, a quorum being present. If such a joint
140-25 resolution fails to receive a majority vote, it shall fail of
140-26 adoption and shall not be considered again unless revived by a
140-27 motion to reconsider as otherwise provided in the rules.
141-1 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR.
141-2 Joint resolutions on committee report shall be referred to the
141-3 Committee on Calendars for placement on an appropriate calendar.
141-4 The Committee on Calendars shall maintain a separate calendar for
141-5 house joint resolutions and a separate calendar for senate joint
141-6 resolutions. Senate joint resolutions shall be considered on
141-7 calendar Wednesdays and calendar Thursdays along with senate bills.
142-1 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT
142-2 RESOLUTIONS
142-3 Sec. 1. FILING. Resolutions shall be introduced by the
142-4 filing of 12 identical copies with the chief clerk, who shall
142-5 number and record house resolutions in one series and concurrent
142-6 resolutions in a separate series.
142-7 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
142-8 recording, all resolutions shall be sent to the speaker for
142-9 referral to the proper committee.
142-10 (b) Resolutions proposing the expenditure of money out of
142-11 the contingent expense fund of the legislature shall be referred to
142-12 the Committee on House Administration.
142-13 (c) All other resolutions shall be referred to the
142-14 appropriate committee with jurisdiction.
142-15 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
142-16 on committee report, other than privileged resolutions, shall be
142-17 referred immediately to the appropriate calendars committee for
142-18 placement on the appropriate calendar.
142-19 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
142-20 resolutions shall be considered by the house only at the time
142-21 assigned for their consideration on the calendar, in accordance
142-22 with the provisions of Rule 6, Section 7.
142-23 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
142-24 take the same course as house resolutions, except that they shall
142-25 be sent to the governor for signing when finally passed by both
142-26 houses.
142-27 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
143-1 office of mascot shall be named in and elected by a single house
143-2 resolution.
143-3 (b) Only children of house members who are under the age of
143-4 12 years shall be eligible for election to the honorary office of
143-5 mascot. A child once named a mascot shall not be eligible for the
143-6 honor a second time.
143-7 (c) No separate classification or special title shall be
143-8 given to any mascot, but all shall receive the same title of
143-9 honorary mascot of the house of representatives.
143-10 (d) The speaker shall issue a certificate showing the
143-11 election of each mascot and deliver it to the parent member of the
143-12 child.
143-13 Pictures of mascots shall appear on the panel picture of the
143-14 house.
143-15 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED SESSIONS.
143-16 The subject matter of house resolutions and concurrent resolutions
143-17 does not have to be submitted by the governor in a called session
143-18 before they can be considered.
144-1 RULE 11. AMENDMENTS
144-2 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
144-3 resolution, motion, or proposition is under consideration, a motion
144-4 to amend and a motion to amend that amendment shall be in order.
144-5 It shall also be in order to offer a further amendment by way of a
144-6 substitute. Such a substitute may not be amended. If the
144-7 substitute is adopted, the question shall then be on the amendment
144-8 as substituted, and under this condition an amendment is not in
144-9 order.
144-10 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
144-11 AMENDMENTS. No motion or proposition on a subject different from
144-12 the subject under consideration shall be admitted as an amendment
144-13 or as a substitute for the motion or proposition under debate.
144-14 "Proposition" as used in this section shall include a bill,
144-15 resolution, joint resolution, or any other motion which is
144-16 amendable.
144-17 Amendments pertaining to the organization, powers,
144-18 regulation, and management of the agency, commission, or advisory
144-19 committee under consideration are germane to bills extending state
144-20 agencies, commissions, or advisory committees under the provisions
144-21 of the Texas Sunset Act (Chapter 325, Government Code).
144-22 An amendment to a committee substitute laid before the house
144-23 in lieu of an original bill is germane if each subject of the
144-24 amendment is a subject that is included in the committee substitute
144-25 or was included in the original bill.
144-26 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
144-27 bill shall be amended in its passage through either house so as to
145-1 change its original purpose.
145-2 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
145-3 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
145-4 resolution shall not be in order during its consideration on a
145-5 local, consent, or resolutions calendar set by the Committee on
145-6 Local and Consent Calendars, unless the amendments have first been
145-7 submitted to and approved by the Committee on Local and Consent
145-8 Calendars, which shall be noted thereon by the chair of the
145-9 Committee on Local and Consent Calendars prior to the offering of
145-10 the amendments.
145-11 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
145-12 taken up on its third reading, amendments shall be in order, but
145-13 shall require a two-thirds vote of the members present for their
145-14 adoption. A bill on third reading may be recommitted to a
145-15 committee and later reported to the house with amendments, in which
145-16 case the bill shall again take the course of a bill at its second
145-17 reading.
145-18 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
145-19 amendment shall be filed with the speaker. When the amendment is
145-20 read, two copies shall go to the chief clerk, one copy to the
145-21 journal clerk, one copy to the reading clerk, and one copy to the
145-22 speaker. No amendment offered from the floor shall be in order
145-23 unless the sponsoring member has complied with the provisions of
145-24 this section with respect to copies of the amendment.
145-25 (b) Prior to the time that an amendment is offered, if the
145-26 amendment exceeds one page in length, the sponsoring member must
145-27 provide to the chief clerk a minimum of 15 copies to be available
146-1 for distribution to those members requesting copies of the
146-2 amendment.
146-3 (c) If the amendment is only one page in length or less, the
146-4 sponsoring member must provide one additional copy of the amendment
146-5 to the chief clerk, who shall immediately proceed to have
146-6 additional copies made and available for those members requesting
146-7 copies of the amendment.
146-8 (d) The provisions of this section with respect to extra
146-9 copies shall not apply to committee amendments or to amendments
146-10 which do nothing more than delete material from the bill or
146-11 resolution.
146-12 (e) The speaker shall not recognize a member to offer an
146-13 original amendment that exceeds one page in length and that is in
146-14 the form of a complete substitute for the bill or resolution laid
146-15 before the house, or in the opinion of the speaker is a substantial
146-16 substitute, unless 25 copies of the amendment have been provided to
146-17 the chief clerk and were available in the chief clerk's office at
146-18 least 12 hours prior to the time the calendar on which the bill or
146-19 resolution to be amended is eligible for consideration. The chief
146-20 clerk shall not be required to retain, for possible consideration
146-21 in the future, copies of an amendment to a measure that is
146-22 recommitted or returned to committee.
146-23 (f) An amendment may be typed, hand-printed, or handwritten,
146-24 but must be legible in order to be offered.
146-25 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
146-26 motions to amend shall be offered in the following order:
146-27 (1) motions to amend by striking out the enacting
147-1 clause of a bill (or the resolving clause of a resolution), which
147-2 amendment cannot be amended or substituted;
147-3 (2) motions to amend an original bill, resolution,
147-4 motion, or proposition (other than substitute bills as provided for
147-5 in Subdivision (3) below), which shall have precedence as follows:
147-6 (A) original amendment;
147-7 (B) amendment to the amendment;
147-8 (C) substitute for the amendment to the
147-9 amendment.
147-10 Recognition for the offering of original amendments shall be
147-11 as follows: first, the main author; second, the member or members
147-12 offering the committee amendment; and third, members offering other
147-13 amendments from the floor;
147-14 (3) motions to amend an original bill by striking out
147-15 all after the enacting clause (substitute bills), which substitute
147-16 bills shall be subject to amendment as follows:
147-17 (A) amendment to the substitute bill;
147-18 (B) substitute for the amendment to the
147-19 substitute bill.
147-20 Recognition for offering such substitute bills shall be as
147-21 follows: first, the main author of the original bill, if the
147-22 member has not sought to perfect the bill by amendments as provided
147-23 for in Subdivision (2) above; second, the member or members
147-24 offering the committee amendment; and, third, members offering
147-25 amendments from the floor.
147-26 It shall be in order under the procedure described in this
147-27 subdivision to have as many as four complete measures pending
148-1 before the house at one time; that is, an original bill, an
148-2 amendment striking out all after the enacting clause of the bill
148-3 and inserting a new bill body, an amendment to the amendment
148-4 striking out all after the enacting clause of the bill and
148-5 inserting a new bill body, and a substitute for this amendment to
148-6 the amendment to the original bill which is also a new bill body.
148-7 These "substitute bills" shall be voted on in the reverse order of
148-8 their offering;
148-9 (4) motions to amend the caption of a bill or joint
148-10 resolution, which may also be offered in accordance with Section
148-11 9(a) of this rule.
148-12 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
148-13 out and to insert new matter in lieu of that to be stricken out
148-14 shall be regarded as a substitute and shall be indivisible.
148-15 (b) Matter inserted or stricken out of an original bill by
148-16 way of amendment may not be taken out or reinserted at a later time
148-17 on the same reading except under the following conditions:
148-18 (1) reconsideration of the inserting or deleting
148-19 amendment;
148-20 (2) adoption of a "substitute bill" amendment;
148-21 (3) adoption of an amendment for a whole paragraph,
148-22 section or subdivision of a bill which so materially changes the
148-23 original text that the portion inserted or deleted is in fact of
148-24 minor importance.
148-25 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
148-26 of a bill or resolution shall not be in order until all other
148-27 proposed amendments have been acted on and the house is ready to
149-1 vote on the passage of the measure, and it shall then be decided
149-2 without debate.
149-3 (b) If the previous question has been ordered on a bill or
149-4 joint resolution at any reading, an amendment to the caption of
149-5 that bill or joint resolution may be offered and voted on
149-6 immediately preceding the final vote on the bill or joint
149-7 resolution.
149-8 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
149-9 amendments shall be admitted only when seconded by 25 members. The
149-10 motion may take either of two forms:
149-11 (1) to limit amendments to those pending before the
149-12 house; or
149-13 (2) to limit amendments to those pending on the
149-14 speaker's desk.
149-15 (b) The motion shall be put by the chair in this manner:
149-16 "The motion has been seconded. Three minutes pro and con debate
149-17 will be allowed on the motion to limit amendments." As soon as the
149-18 debate has ended, the chair shall continue: "As many as are in
149-19 favor of limiting amendments on (here state on which question or
149-20 questions) will say 'Aye,'" and then "As many as are opposed say
149-21 'Nay.'" As in all other propositions, a motion to limit amendments
149-22 shall be decided by a record vote if demanded by three members. If
149-23 ordered by a majority of the members voting, a quorum being
149-24 present, the motion shall have the effect of confining further
149-25 debate and consideration to those amendments included within the
149-26 motion, and thereafter the chair will accept no more amendments to
149-27 the proposition to which the motion is applied.
150-1 (c) The motion to limit amendments, if adopted, shall not in
150-2 any way cut off or limit debate or other parliamentary maneuvers on
150-3 the pending proposition or propositions or amendment or amendments
150-4 included within the motion. The sole function of the motion is to
150-5 prevent the chair from accepting further amendments to the
150-6 proposition to which the motion is applied.
150-7 (d) Except as otherwise provided, the motion to limit
150-8 amendments shall have no effect on the parliamentary situation to
150-9 which the motion is applied, and the matter to which the motion is
150-10 applied shall continue to be considered by the house in all other
150-11 respects as though the motion had not been made.
150-12 (e) The amendments that are included within the motion to
150-13 limit amendments shall each be subject to amendment, if otherwise
150-14 permitted under the rules.
150-15 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
150-16 motion to limit amendments is not subject to a motion to table.
150-17 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
150-18 is offered, followed by an amendment to that amendment, and then a
150-19 substitute for the amendment to the amendment, these questions
150-20 shall be voted on in the reverse order of their offering.
150-21 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
150-22 amendment is adopted, such action shall be certified by the chief
150-23 clerk on the amendment, and the official copy of the amendment
150-24 shall then be securely attached to the bill or resolution which it
150-25 amends.
151-1 RULE 12. PRINTING
151-2 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
151-3 Except as otherwise provided in this rule, all bills and joint
151-4 resolutions shall be printed and a copy provided to each member at
151-5 each of the following stages in the parliamentary progress of the
151-6 bill or joint resolution:
151-7 (1) at the time of the committee report on the bill or
151-8 joint resolution, which shall be known as "First Printing" and
151-9 which shall consist of:
151-10 (A) a complete text of the bill or joint
151-11 resolution as reported from committee;
151-12 (B) a complete copy of the committee bill
151-13 analysis and a complete copy of the summary of committee action;
151-14 (C) the text of the committee report;
151-15 (D) the record vote by which the measure was
151-16 reported from committee, including the vote of individual members;
151-17 (E) a copy of the latest fiscal note; and
151-18 (F) a copy of each impact statement received by
151-19 the committee;
151-20 (2) at the time the bill or joint resolution, if
151-21 amended, finally passes the senate, senate amendments and house
151-22 engrossment text will be printed, which shall be known as "Second
151-23 Printing"; and
151-24 (3) at the time the conference committee, if any,
151-25 makes its report on the bill or joint resolution, which shall be
151-26 known as "Third Printing."
151-27 (b) In any section of the first printing of a bill or joint
152-1 resolution that proposes to amend an existing statute or
152-2 constitutional provision, language sought to be deleted must be
152-3 bracketed and stricken through, and language sought to be added
152-4 must be underlined. This requirement does not apply to:
152-5 (1) an appropriations bill;
152-6 (2) a local bill;
152-7 (3) a game bill;
152-8 (4) a recodification bill;
152-9 (5) a redistricting bill;
152-10 (6) a section of a bill or joint resolution not
152-11 purporting to amend an existing statute or constitutional
152-12 provision;
152-13 (7) a section of a bill or joint resolution that
152-14 revises the entire text of an existing statute or constitutional
152-15 provision, to the extent that it would confuse rather than clarify
152-16 to show deletions and additions; and
152-17 (8) a section of a bill or joint resolution providing
152-18 for severability, nonseverability, emergency, or repeal of an
152-19 existing statute or constitutional provision.
152-20 (c) The speaker may overrule a point of order raised as to a
152-21 violation of Subsection (b) of this section if the violation is
152-22 typographical or minor and does not tend to deceive or mislead.
152-23 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
152-24 after the first printing except when ordered printed by a majority
152-25 vote of the house.
152-26 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
152-27 shall be printed only if the resolution:
153-1 (1) grants permission to sue the state;
153-2 (2) memorializes Congress to take or to refrain from
153-3 taking certain action;
153-4 (3) sets legislative policy or declares legislative
153-5 intent;
153-6 (4) makes corrective changes in any bill, joint
153-7 resolution, or conference committee report;
153-8 (5) establishes or interprets policy for a state
153-9 agency, department, or political subdivision;
153-10 (6) establishes, modifies, or changes internal
153-11 procedures or administration of the legislature or any component
153-12 part thereof;
153-13 (7) proposes an amendment to the Joint Rules of the
153-14 Senate and the House of Representatives; or
153-15 (8) is ordered printed by a majority vote of the
153-16 house.
153-17 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
153-18 printed only if the resolution:
153-19 (1) proposes an amendment to the rules of the house;
153-20 (2) establishes, modifies, or changes the internal
153-21 procedures and administration of the house;
153-22 (3) establishes legislative policy or interprets
153-23 legislative intent; or
153-24 (4) is ordered printed by a majority of the house.
153-25 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
153-26 REQUIREMENTS. Except for matter to be printed in the journal, all
153-27 requirements contained in the rules with respect to the printing of
154-1 bills, resolutions, reports, and other matters shall be considered
154-2 complied with if the material is adequately and properly reproduced
154-3 by any acceptable means of reproduction.
155-1 RULE 13. INTERACTIONS WITH THE GOVERNOR
155-2 AND SENATE
155-3 CHAPTER A. MESSAGES
155-4 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
155-5 communications from the governor shall be received when announced,
155-6 and shall be read on the calendar day received.
155-7 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
155-8 the senate shall be received when announced. Senate bills
155-9 announced as passed shall be read for the first time and referred
155-10 to the appropriate committee as soon as practicable.
155-11 (b) Messages from the senate announcing amendments to house
155-12 bills and resolutions, nonconcurrence in house amendments to senate
155-13 bills and resolutions, requests for conference committees, reports
155-14 of conference committees, and all other matters of disagreement,
155-15 amendments, and requests between the two houses, shall go to the
155-16 speaker's desk in their regular order, but may be called up for
155-17 action by the house at any time as a privileged matter, yielding
155-18 only to a motion to adjourn.
155-19 CHAPTER B. SENATE AMENDMENTS
155-20 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
155-21 resolution, or other matter is returned to the house with senate
155-22 amendments, the house may:
155-23 (1) agree to the amendments; or
155-24 (2) disagree to all of the amendments and ask for a
155-25 conference committee; or
155-26 (3) agree to one or more of the amendments and
155-27 disagree as to the remainder and request a conference committee to
156-1 consider those in disagreement; or
156-2 (4) agree to one or more and disagree as to the
156-3 remainder; or
156-4 (5) disagree to all amendments.
156-5 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
156-6 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
156-7 amendments thereto must be adopted by a vote of two-thirds of the
156-8 elected membership of the house.
156-9 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
156-10 to house bills and resolutions must be printed and copies provided
156-11 to the members at least 24 hours before any action can be taken
156-12 thereon by the house during a regular or special session.
156-13 (b) When a house bill or joint resolution, other than the
156-14 general appropriations bill, with senate amendments is returned to
156-15 the house, the chief clerk shall request the Legislative Budget
156-16 Board to prepare a fiscal note outlining the fiscal implications
156-17 and probable cost of the measure as impacted by the senate
156-18 amendments. A copy of the fiscal note shall be distributed to the
156-19 members before any action can be taken on the senate amendments by
156-20 the house.
156-21 CHAPTER C. CONFERENCE COMMITTEES
156-22 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
156-23 between the senate and the house by committee, the number of
156-24 committee members from each house shall be five. All votes on
156-25 matters of difference shall be taken by each committee separately.
156-26 A majority of each committee shall be required to determine the
156-27 matter in dispute. Reports by conference committees must be signed
157-1 by a majority of each committee of the conference.
157-2 Sec. 7. MEETINGS. House conferees when meeting with senate
157-3 conferees to adjust differences shall meet in public and shall give
157-4 a reasonable amount of notice of the meeting in the place
157-5 designated for giving notice of meetings of house standing
157-6 committees. Any such meeting shall be open to the news media. Any
157-7 conference committee report adopted in private shall not be
157-8 considered by the house.
157-9 Sec. 8. INSTRUCTIONS. Instructions to a conference
157-10 committee shall be made after the conference is ordered and before
157-11 the conferees are appointed by the speaker, and not thereafter.
157-12 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
157-13 committees shall limit their discussions and their actions solely
157-14 to the matters in disagreement between the two houses. A
157-15 conference committee shall have no authority with respect to any
157-16 bill or resolution:
157-17 (1) to change, alter, or amend text which is not in
157-18 disagreement;
157-19 (2) to omit text which is not in disagreement;
157-20 (3) to add text on any matter which is not in
157-21 disagreement;
157-22 (4) to add text on any matter which is not included in
157-23 either the house or senate version of the bill or resolution.
157-24 This rule shall be strictly construed by the presiding
157-25 officer in each house to achieve these purposes.
157-26 (b) Conference committees on appropriations bills, like
157-27 other conference committees, shall limit their discussions and
158-1 their actions solely to the matters in disagreement between the two
158-2 houses. In addition to the limitations contained elsewhere in the
158-3 rules, a conference committee on appropriations bills shall be
158-4 strictly limited in its authority as follows:
158-5 (1) If an item of appropriation appears in both house
158-6 and senate versions of the bill, the item must be included in the
158-7 conference committee report.
158-8 (2) If an item of appropriation appears in both house
158-9 and senate versions of the bill, and in identical amounts, no
158-10 change can be made in the item or the amount.
158-11 (3) If an item of appropriation appears in both house
158-12 and senate versions of the bill but in different amounts, no change
158-13 can be made in the item, but the amount shall be at the discretion
158-14 of the conference committee, provided that the amount shall not
158-15 exceed the larger version and shall not be less than the smaller
158-16 version.
158-17 (4) If an item of appropriation appears in one version
158-18 of the bill and not in the other, the item can be included or
158-19 omitted at the discretion of the conference committee. If the item
158-20 is included, the amount shall not exceed the sum specified in the
158-21 version containing the item.
158-22 (5) If an item of appropriation appears in neither the
158-23 house nor the senate version of the bill, the item must not be
158-24 included in the conference committee report. However, the
158-25 conference committee report may include appropriations for purposes
158-26 or programs authorized by bills that have been passed and sent to
158-27 the governor and may include contingent appropriations for purposes
159-1 or programs authorized by bills that have been passed by at least
159-2 one house.
159-3 This rule shall be strictly construed by the presiding
159-4 officer in each house to achieve these purposes.
159-5 (c) Conference committees on tax bills, like other
159-6 conference committees, shall limit their discussions and their
159-7 actions solely to the matters in disagreement between the two
159-8 houses. In addition to the limitations contained elsewhere in the
159-9 rules, a conference committee on a tax bill shall be strictly
159-10 limited in its authority as follows:
159-11 (1) If a tax item appears in both house and senate
159-12 versions of the bill, the item must be included in the conference
159-13 committee report.
159-14 (2) If a tax item appears in both house and senate
159-15 versions of the bill, and in identical form and with identical
159-16 rates, no change can be made in the item or the rate provided.
159-17 (3) If a tax item appears in both house and senate
159-18 versions of the bill but at differing rates, no change can be made
159-19 in the item, but the rate shall be at the discretion of the
159-20 conference committee, provided that the rate shall not exceed the
159-21 higher version and shall not be less than the lower version.
159-22 (4) If a tax item appears in one version of the bill
159-23 and not in the other, the item can be included or omitted at the
159-24 discretion of the conference committee. If the item is included,
159-25 the rate shall not exceed the rate specified in the version
159-26 containing the item.
159-27 (5) If a tax item appears in neither the house nor the
160-1 senate version of the bill, the item must not be included in the
160-2 conference committee report.
160-3 This rule shall be strictly construed by the presiding
160-4 officer in each house to achieve these purposes.
160-5 (d) Conference committees on reapportionment bills, to the
160-6 extent possible, shall limit their discussions and their actions to
160-7 the matters in disagreement between the two houses. Since the
160-8 adjustment of one district in a reapportionment bill will
160-9 inevitably affect other districts, the strict rule of construction
160-10 imposed on other conference committees must be relaxed somewhat
160-11 when reapportionment bills are involved. Accordingly, the
160-12 following authority and limitations shall apply only to conference
160-13 committees on reapportionment bills:
160-14 (1) If the matters in disagreement affect only certain
160-15 districts, and other districts are identical in both house and
160-16 senate versions of the bill, the conference committee shall make
160-17 adjustments only in those districts whose rearrangement is
160-18 essential to the effective resolving of the matters in
160-19 disagreement. All other districts shall remain unchanged.
160-20 (2) If the matters in disagreement permeate the entire
160-21 bill and affect most, if not all, of the districts, the conference
160-22 committee shall have wide discretion in rearranging the districts
160-23 to the extent necessary to resolve all differences between the two
160-24 houses.
160-25 (3) Insofar as the actual structure of the districts
160-26 is concerned, and only to that extent, the provisions of Subsection
160-27 (a) of this section shall not apply to conference committees on
161-1 reapportionment bills.
161-2 (e) Conference committees on recodification bills, like
161-3 other conference committees, shall limit their discussions and
161-4 their actions solely to the matters in disagreement between the two
161-5 houses. The comprehensive and complicated nature of recodification
161-6 bills makes necessary the relaxing of the strict rule of
161-7 construction imposed on other conference committees only to the
161-8 following extent:
161-9 (1) If it develops in conference committee that
161-10 material has been inadvertently included in both house and senate
161-11 versions which properly has no place in the recodification, that
161-12 material may be omitted from the conference committee report, if by
161-13 that omission the existing statute is not repealed, altered, or
161-14 amended.
161-15 (2) If it develops in conference committee that
161-16 material has been inadvertently omitted from both the house and
161-17 senate versions which properly should be included if the
161-18 recodification is to achieve its purpose of being all-inclusive of
161-19 the statutes being recodified, that material may be added to the
161-20 conference committee report, if by the addition the existing
161-21 statute is merely restated without substantive change in existing
161-22 law.
161-23 (f) Limitations imposed on certain conference committees by
161-24 the provisions of this section may be suspended in part by
161-25 permission of the house to allow consideration of and action on a
161-26 specific matter or matters which otherwise would be prohibited.
161-27 Permission shall be granted only by resolution passed by majority
162-1 vote of the house. All such resolutions shall be privileged in
162-2 nature and need not be referred to a committee. The introduction
162-3 of such a resolution shall be announced from the house floor and
162-4 the resolution shall be eligible for consideration by the house one
162-5 hour after a copy of the resolution has been distributed to each
162-6 member. The time at which the copies of such a resolution are
162-7 distributed to the members shall be time-stamped on the originals
162-8 of the resolution. The resolution shall specify in detail:
162-9 (1) the exact nature of the matter or matters proposed
162-10 to be considered;
162-11 (2) the specific limitation or limitations to be
162-12 suspended;
162-13 (3) the specific action contemplated by the conference
162-14 committee; and
162-15 (4) the reasons that suspension of the limitations is
162-16 being requested.
162-17 In the application of this subsection to appropriations
162-18 bills, the resolution shall include a general statement outlining a
162-19 proposed salary plan but need not include changes in amounts
162-20 resulting from the salary plan and differences in language which do
162-21 not affect the substance of the bill.
162-22 Permission thus granted shall suspend the limitations only
162-23 for the matter or matters clearly specified in the resolution, and
162-24 the action of the conference committee shall be in conformity with
162-25 the resolution.
162-26 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
162-27 conference committee reports must be printed and a copy furnished
163-1 to each member at least 24 hours before action can be taken on the
163-2 report by the house during a regular or special session.
163-3 (b) Three original copies of a conference committee report
163-4 shall be submitted to the chief clerk for printing. Each original
163-5 conference committee report shall contain the following:
163-6 (1) the signatures of the house conferees and senate
163-7 conferees who voted to adopt the conference committee report;
163-8 (2) the text of the bill or resolution as adopted by
163-9 the conference committee; and
163-10 (3) an analysis of the conference committee report as
163-11 required by Section 11 of this rule.
163-12 (c) Before action can be taken by the house on a conference
163-13 committee report on a bill or joint resolution, other than the
163-14 general appropriations bill, a fiscal note outlining the fiscal
163-15 implications and probable cost of the conference committee report
163-16 shall be submitted to the chief clerk, and a copy of the fiscal
163-17 note shall be furnished to each member.
163-18 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
163-19 committees shall include an analysis showing wherein the report
163-20 differs from the house and senate versions of the bill, resolution,
163-21 or other matter in disagreement. The analysis of appropriations
163-22 bills shall show in dollar amounts the differences between the
163-23 conference committee report and the house and senate versions. No
163-24 conference committee report shall be considered by the house unless
163-25 such an analysis has been prepared and distributed to each
163-26 member.
163-27 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
164-1 report is not subject to amendment, but must be accepted or
164-2 rejected in its entirety. While a conference committee report is
164-3 pending, a motion to deal with individual amendments in
164-4 disagreement is not in order.
164-5 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
164-6 committee report is not acceptable to the house for any reason, it
164-7 may be recommitted to the same committee with the request for
164-8 further consideration, and the house may or may not give any
164-9 specific instructions on the report to the conference committee; or
164-10 the house may request the appointment by the senate of a new
164-11 conference committee and then proceed to empower the speaker to
164-12 name new conferees for the house.
165-1 RULE 14. GENERAL PROVISIONS
165-2 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
165-3 inexplicit on any question of order or parliamentary practice, the
165-4 Rules of the House of Representatives of the United States
165-5 Congress, and its practice as reflected in Hind's and Cannon's
165-6 Precedents, and Mason's Manual of Legislative Procedure shall be
165-7 considered as authority.
165-8 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
165-9 rules of the house shall be proposed by house resolutions which
165-10 shall be referred at once, without debate, to the Committee on
165-11 Rules and Resolutions for study and recommendation.
165-12 (b) A resolution proposing an amendment to the rules shall
165-13 not be considered by the house until a printed copy of the
165-14 resolution has been provided to each member of the house at least
165-15 48 hours before consideration.
165-16 (c) Amendments to the rules shall require a majority vote of
165-17 the house for adoption.
165-18 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
165-19 the rules shall be in order at any time, except when motions to
165-20 adjourn or recess are pending, even when the house is operating
165-21 under the previous question. A motion to "suspend all rules" shall
165-22 be sufficient to suspend every rule under which the house is
165-23 operating for a particular purpose except the provisions of the
165-24 constitution, the statutes, and the joint rules of the two houses.
165-25 If the rules have been suspended on a main motion for a given
165-26 purpose, no other motion to suspend the rules on a main motion
165-27 shall be in order until the original purpose has been accomplished.
166-1 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
166-2 shall not be in order to move to suspend the rules or the regular
166-3 order of business to take up a measure out of its regular order,
166-4 and the speaker shall not recognize anyone for either purpose,
166-5 unless the speaker has announced to the house in session that the
166-6 speaker would recognize a member for that purpose at least one hour
166-7 before the member is so recognized to make the motion. In making
166-8 the announcement to the house, the speaker shall advise the house
166-9 of the member's name and the bill number, and this information,
166-10 together with the time that the announcement was made, shall be
166-11 entered in the journal. This rule may be suspended only by
166-12 unanimous consent.
166-13 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
166-14 of the house may be suspended by an affirmative vote of two-thirds
166-15 of the members present. However, if a rule contains a specific
166-16 provision showing the vote by which that rule may be suspended,
166-17 that vote shall be required for the suspension of the rule. The
166-18 specific provision may not be suspended under the provisions of
166-19 this section.
166-20 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
166-21 measure taken up under suspension and not disposed of on the same
166-22 day shall go over as pending or unfinished business to the next day
166-23 that the house is in session, and shall be considered thereafter
166-24 from day to day (except the days used for the consideration of
166-25 senate bills) until disposed of.