By:  Brown                                               S.R. No. 3

                                  SENATE RESOLUTION

 1-1           BE IT RESOLVED by the Senate of the State of Texas, That the

 1-2     Rules of the 74th Legislature are adopted as the Permanent Rules of

 1-3     the 75th Legislature with the following modifications:

 1-4                             RULES OF THE SENATE

 1-5                        OF THE 75TH TEXAS LEGISLATURE

 1-6                  STATEMENT OF AUTHORIZATION AND PRECEDENCE

 1-7           Pursuant to and under the authority of Article III, Section

 1-8     11, of the Constitution of 1876, as amended, and notwithstanding

 1-9     any other provision of statute, the Senate adopts the following

1-10     rules to govern its operations and procedures.  The provisions of

1-11     these rules and of the Constitution shall be deemed the only

1-12     requirements binding on the Senate, notwithstanding any other

1-13     requirements expressed elsewhere in statute.

1-14                                  ARTICLE I

1-15                        SENATE OFFICERS AND ELECTIONS

1-16                       PRESIDING OFFICER OF THE SENATE

1-17           Rule 1.01.  The Lieutenant Governor of the State of Texas

1-18     shall by virtue of office be President of the Senate (Constitution,

1-19     Article IV, Section 16) and decide all questions of order subject

1-20     to appeal by any member.  The President shall have control of such

1-21     parts of the Capitol as have been or may be set apart for the use

1-22     of the Senate and its officers.  The President shall have the right

1-23     to name a member to perform the duties of the chair, but such

 2-1     substitution shall not extend beyond such time as a majority of the

 2-2     Senators present vote to elect another member to preside, and if a

 2-3     majority of the Senators present so vote, the member called to the

 2-4     chair by the Lieutenant Governor or by the President Pro Tempore of

 2-5     the Senate shall vacate the chair, and the member elected by a

 2-6     majority shall preside until the Lieutenant Governor or President

 2-7     Pro Tempore shall take the gavel and preside.  (Constitution,

 2-8     Article III, Section 9)

 2-9                            PRESIDENT PRO TEMPORE

2-10           Rule 1.02.  The Senate shall, at the beginning and close of

2-11     each session, and at such other times as may be necessary, elect

2-12     one of its members President Pro Tempore, who shall perform the

2-13     duties of Lieutenant Governor in any case of absence or disability

2-14     of the Lieutenant Governor. (Constitution, Article III, Section 9)

2-15                VACANCY IN THE OFFICE OF LIEUTENANT GOVERNOR

2-16           Rule 1.03.  If the office of Lieutenant Governor becomes

2-17     vacant, the President Pro Tempore of the Senate shall convene the

2-18     Committee of the Whole Senate within 30 days after the vacancy

2-19     occurs.  The Committee of the Whole Senate shall elect one of its

2-20     members to perform the duties of the Lieutenant Governor in

2-21     addition to the duties of Senator until the next general election.

2-22     If the Senator so elected ceases to be a Senator before the

2-23     election of a new Lieutenant Governor, another Senator shall be

2-24     elected in the same manner to perform the duties of the Lieutenant

2-25     Governor until the next general election.  Until the Committee of

 3-1     the Whole Senate elects one of its members for this purpose, the

 3-2     President Pro Tempore shall perform the duties of the Lieutenant

 3-3     Governor. (Constitution, Article III, Section 9[, as amended

 3-4     November 6, 1984])

 3-5                           OFFICERS OF THE SENATE

 3-6           Rule 1.04.  A Secretary, Journal Clerk, Calendar Clerk,

 3-7     Enrolling Clerk, Sergeant-at-Arms, Doorkeeper, Chaplain, and such

 3-8     other officers as a majority vote may determine to be necessary

 3-9     shall be elected at the opening of the session of the Legislature

3-10     to continue in office until discharged by the Senate and shall

3-11     perform such duties as may be incumbent upon them in their

3-12     respective offices, under the direction of the Senate.  Such

3-13     officers may not be related to any current member of the Texas

3-14     Legislature nor may any employee of the Senate be related to any

3-15     current member of the Texas Legislature.  The Secretary of the

3-16     Senate shall, in addition to other duties, be responsible for the

3-17     coordination of the other offices and divisions of the Senate.

3-18                            ELECTION OF OFFICERS

3-19           Rule 1.05.  In all elections of the Senate, the vote shall be

3-20     given viva voce, except in the election of officers of the Senate

3-21     (Constitution, Article III, Section 41).  A majority of the whole

3-22     number of votes cast shall be necessary for a choice in all

3-23     elections by the Senate.

 4-1                                 ARTICLE II

 4-2                         ADMISSION TO SENATE CHAMBER

 4-3                           ACCESS TO SENATE FLOOR

 4-4           Rule 2.01.  (a)  The doors of the Senate shall be kept open,

 4-5     except when there is an executive session.  (Constitution, Article

 4-6     III, Section 16)

 4-7           (b)  It shall be the duty of the Sergeant-at-Arms and

 4-8     assistants to clear the Senate Chamber of all persons not entitled

 4-9     to the privilege thereof 30 minutes before the hour of the meeting

4-10     of the Senate and for 30 minutes after each meeting of the Senate.

4-11                          RESTRICTIONS ON ADMISSION

4-12           Rule 2.02.  Persons hereinafter named and no others shall be

4-13     admitted to the floor of the Senate while the Senate is in session

4-14     provided that persons other than members of the Lieutenant

4-15     Governor's family, a Senator's family, members of the House of

4-16     Representatives of the State of Texas, and Sergeants-at-Arms of the

4-17     Senate shall be required to remain behind the brass rail:  Members

4-18     of the Senate and their families, the Secretary of the Senate and

4-19     family, employees of the Senate and House of Representatives when

4-20     on official business, Representatives, the Governor, the Governor's

4-21     family and executive staff, the Lieutenant Governor and family, the

4-22     President and Vice-President of the United States, United States

4-23     Senators and members of Congress, Governors of other states,

4-24     Justices of the Supreme Court, Judges of the Court of Criminal

4-25     Appeals, the Secretary of State, and duly accredited newspaper

 5-1     reporters and correspondents and radio commentators and television

 5-2     camera operators and commentators who have complied with Rule 2.04.

 5-3     It shall be the special duty of the President to see that officers

 5-4     and employees remain upon the floor of the Senate only when

 5-5     actually engaged in the performance of their official duties.  Such

 5-6     persons other than the Lieutenant Governor and members of the

 5-7     Senate shall not be permitted to work for or against any

 5-8     proposition before the Senate while on the floor.

 5-9                        PERSONS LOBBYING NOT ADMITTED

5-10           Rule 2.03.  (a)  No newspaper reporter, or other person

5-11     whosoever, whether a State officer or not, who is lobbying or

5-12     working for or against any pending or prospective legislative

5-13     measure, shall in any event be permitted upon the floor of the

5-14     Senate when the Senate is in session.

5-15           (b)  All officers and employees of the Senate are prohibited

5-16     from lobbying in favor of or against any measure or proposition

5-17     pending before the Senate, and should any officer or employee

5-18     violate this rule, the same shall be cause for dismissal from the

5-19     service of the Senate by the President.

5-20                            PRESS CORRESPONDENTS

5-21           Rule 2.04.  While the Senate is in session, no person shall

5-22     be admitted to the floor of the Senate or allowed its privileges as

5-23     a press correspondent or radio commentator or television camera

5-24     operator and commentator, unless said person is a regularly

5-25     employed, salaried staff correspondent or reporter in the employ of

 6-1     a newspaper publishing general news, a press association serving

 6-2     newspapers, or a publication requiring telegraphic coverage or the

 6-3     person is a regularly employed, salaried employee of a duly

 6-4     licensed radio or television station.

 6-5           Every newspaper reporter and correspondent and radio

 6-6     commentator and television camera operator and commentator, before

 6-7     being admitted to the Senate during its session, shall file with

 6-8     the Committee on Administration a written statement showing the

 6-9     paper or papers represented and certifying that no part of the

6-10     person's salary or compensation is paid by any person, firm,

6-11     corporation, or association except the paper or papers or radio

6-12     station or television station represented.

6-13                      FORFEITURE OF ADMISSION PRIVILEGE

6-14           Rule 2.05.  If any person admitted to the Senate under this

6-15     article shall lobby or work for or against any pending or

6-16     prospective legislation or shall violate any of the other rules of

6-17     the Senate, the privileges extended to said person under this

6-18     article shall be suspended by a majority of the Committee on

6-19     Administration.  The action of the committee shall be reviewable by

6-20     the Senate only if two members of the committee request an appeal

6-21     from the decision of the committee, which appeal shall be in the

6-22     form of a minority report, and shall be subject to the same rules

6-23     that are applicable to minority reports on bills.

6-24                                 EXCEPTIONS

6-25           Rule 2.06.  This article shall not apply to any person who is

 7-1     invited to address the Senate when in session or to any person who

 7-2     desires to appear before any committee while going to or returning

 7-3     from the session of said committee or to the Governor while

 7-4     delivering an official message.  This article shall not apply

 7-5     during the inauguration of the Governor and other public ceremonies

 7-6     provided for by resolution of the Senate.

 7-7                        SUSPENSION OF ADMISSION RULE

 7-8           Rule 2.07.  It shall be in order for the President to

 7-9     entertain a request, motion, or resolution for the suspension of

7-10     the Admission Rules or to present from the chair the request of any

7-11     member for unanimous consent to suspend the Admission Rules.

7-12                                 ARTICLE III

7-13                               SENATE DECORUM

7-14                          PERSONS MUST BE PROPERLY

7-15                          ATTIRED IN SENATE CHAMBER

7-16           Rule 3.01.  While the Senate is actually in session, no male

7-17     Senator or Representative or any other male person shall come on

7-18     the floor of the Senate without wearing a coat and tie.  The

7-19     Sergeant-at-Arms and doorkeepers are instructed to strictly enforce

7-20     this rule, and only the President of the Senate may suspend the

7-21     rule as to any person or to all persons, and that action to be

7-22     taken in writing to the Sergeant-at-Arms.

7-23                   NO EATING OR DRINKING IN SENATE CHAMBER

7-24           Rule 3.02.  No employee, Senator, Representative, or other

7-25     person shall be allowed to eat or drink in the Senate Chamber

 8-1     proper at any time.  The Sergeant-at-Arms shall strictly enforce

 8-2     this rule.

 8-3                             MESSAGES TO MEMBERS

 8-4           Rule 3.03.  Messages or call slips shall not be delivered to

 8-5     members of the Senate when a roll call is in progress.  Individuals

 8-6     desiring to pass a message to members of the Senate must sign their

 8-7     names to that message.

 8-8                    POSTERS, PLACARDS, BANNERS, AND SIGNS

 8-9           Rule 3.04.  No poster, placard, banner, sign, or other

8-10     similar material shall be carried into the Senate by any person,

8-11     and no person shall attach or affix any poster, placard, banner,

8-12     sign, or other similar material to the walls, rails, seats, or

8-13     bannisters of the Senate Chamber.  This rule shall be strictly

8-14     enforced.

8-15                   APPLAUSE, OUTBURSTS, OR DEMONSTRATIONS

8-16           Rule 3.05.  No applause, outburst, or other demonstration by

8-17     any spectator shall be permitted during a session of the Senate.

8-18     This rule shall be strictly enforced.

8-19                   PUNISHMENT FOR OBSTRUCTING PROCEEDINGS

8-20           Rule 3.06.  The Senate, during its sessions, may imprison for

8-21     48 hours any person, not a member, for violation of the Senate

8-22     rules, for disrespectful and disorderly conduct in its presence, or

8-23     for obstructing any Senate proceeding.  (Constitution, Article III,

8-24     Section 15)

 9-1                                 ARTICLE IV

 9-2                 DECORUM AND DEBATE OF MEMBERS OF THE SENATE

 9-3                        MEMBERS TO ADDRESS PRESIDENT

 9-4           Rule 4.01.  When a Senator is about to speak in debate or to

 9-5     communicate any matter to the Senate, the member shall rise in his

 9-6     or her place and address the President of the Senate.

 9-7                          INTERRUPTION OF PRESIDENT

 9-8           Rule 4.02.  The President of the Senate shall not be

 9-9     interrupted while putting the question or addressing the Senate.

9-10                       INTERRUPTION OF MEMBER SPEAKING

9-11           Rule 4.03.  No member shall interrupt another Senator who has

9-12     the floor or otherwise interrupt the business of the Senate, except

9-13     for the purpose of making a point of order, calling the member

9-14     having the floor to order, moving the previous question, demanding

9-15     that a point of order under discussion or consideration be

9-16     immediately decided, or making a motion to adjourn or recess.

9-17     Though another member has the floor, any member shall be recognized

9-18     by the presiding officer in order to call to order the member, to

9-19     make a point of order, to move the previous question, or to demand

9-20     that a point of order be immediately decided.  A member who has the

9-21     floor must yield to permit the Senate to receive messages from the

9-22     Governor and from the House of Representatives and shall not lose

9-23     the floor.  A member who has the floor may yield for questions from

9-24     other members and shall not lose the floor.  In the event a member

9-25     is interrupted because of a motion to adjourn or recess and the

 10-1    motion fails, the floor shall be immediately returned to the

 10-2    interrupted member.  In the event the interrupted member was

 10-3    speaking under the previous question and a motion to adjourn or

 10-4    recess prevails, the member shall resume the floor and finish

 10-5    speaking when the bill is next considered by the Senate.

 10-6                     RECOGNITION OF MEMBERS IN DEBATE

 10-7          Rule 4.04.  When two or more members rise at once, the

 10-8    presiding officer shall decide which one shall speak first, but

 10-9    from the presiding officer's decision an appeal without debate may

10-10    be taken to the Senate by any member.

10-11                 SPEAKING MORE THAN ONCE IN SINGLE DEBATE

10-12          Rule 4.05.  No member shall speak more than once in any one

10-13    debate until every member desiring to do so shall have spoken and

10-14    no member shall speak more than twice in any one debate without

10-15    leave of the Senate.

10-16                          MEMBER CALLED TO ORDER

10-17          Rule 4.06.  When a member shall be called to order by the

10-18    President or by a Senator, the member shall sit down and not be

10-19    allowed to speak, except to the point of order, until the question

10-20    of order is decided.  If the decision be in the member's favor, the

10-21    member shall be at liberty to proceed; if otherwise, the member

10-22    shall not proceed without leave of the Senate.

10-23              REFUSAL OF MEMBER CALLED TO ORDER TO BE SEATED

10-24          Rule 4.07.  Whenever a member is called to order by the

10-25    President of the Senate or by the presiding officer then in the

 11-1    chair in accordance with Rule 4.06 and such member fails to sit

 11-2    down and be in order but continues disorderly, it shall be the duty

 11-3    of the Sergeant-at-Arms and/or the Sergeant's assistants upon the

 11-4    direction of the presiding officer to require such recalcitrant

 11-5    member to take his or her seat and be in order.  Any member who

 11-6    persists in disorderly conduct after being warned by the presiding

 11-7    officer may, by motion duly made and carried by two-thirds vote of

 11-8    the members present, be required to purge himself or herself of

 11-9    such misconduct.  Until such member has purged himself or herself

11-10    of such misconduct, the member shall not be entitled to the

11-11    privileges of the floor.

11-12                       REMOVAL OF SENATOR FROM CHAIR

11-13          Rule 4.08.  If any Senator, other than the regularly elected

11-14    President Pro Tempore, be presiding and fails or refuses to

11-15    recognize any Senator to make a motion that is in order or raise a

11-16    point of order that it is in order to raise, to entertain an appeal

11-17    from his or her decision, to put such question to the Senate, to

11-18    recognize any Senator to demand that a point of order under

11-19    discussion be immediately decided, or to put the question, if

11-20    seconded by 10 Senators, "Shall the point of order be now decided?"

11-21    such Senator so offending shall be deemed guilty of violating the

11-22    high privileges of the Senate.  Until such offending Senator shall

11-23    purge himself or herself of such contempt and be excused by the

11-24    Senate, the member shall not again be called to the chair during

11-25    the session.  If such Senator so presiding shall refuse to

 12-1    recognize any Senator when addressed in proper order or to

 12-2    entertain the motion, the point of order, or the appeal of any

 12-3    Senator or to pass upon the same or to recognize a Senator to make

 12-4    the demand when seconded by 10 Senators that a point of order under

 12-5    discussion be immediately decided, then the Senator seeking

 12-6    recognition may rise in his or her seat and without recognition

 12-7    read a written demand upon the Senator presiding, provided the same

 12-8    is signed by a majority of the Senators present, and if the Senator

 12-9    presiding persists in refusal, then any number of Senators

12-10    constituting a majority of the Senators present may present such

12-11    written demand to the Sergeant-at-Arms or an Assistant

12-12    Sergeant-at-Arms, and such written demand shall be a full and

12-13    sufficient warrant for arrest, empowering such officer or assistant

12-14    to arrest the Senator so presiding, eject him or her from the

12-15    chair, and retain him or her under arrest until released by order

12-16    of the Senate.

12-17          Should the Sergeant-at-Arms or the Assistant

12-18    Sergeants-at-Arms fail or refuse to act and carry out such demand,

12-19    they shall be removed from office on a majority vote of the Senate.

12-20          When such Senator is removed as aforesaid and the chair

12-21    remains vacant, the Secretary shall call the Senate to order, and a

12-22    President Pro Tempore ad interim shall be elected to preside until

12-23    the Lieutenant Governor or a regularly elected President Pro

12-24    Tempore shall appear and take the gavel.

12-25          As soon as order is restored, the chair shall cause a record

 13-1    of the fact of removal to be made.

 13-2                         PUNISHMENT FOR MISCONDUCT

 13-3          Rule 4.09.  The Senate may punish any member for disorderly

 13-4    conduct and, with the consent of two-thirds of the elected members,

 13-5    may expel a member, but not a second time for the same offense.

 13-6                                  BRIBERY

 13-7          Rule 4.10.  Any member who shall receive or offer a bribe or

 13-8    who shall suffer his or her vote to be influenced by promise or

 13-9    preferment of reward shall on conviction be expelled.  (Also see

13-10    Section 36.02, Texas Penal Code.)

13-11                                 ARTICLE V

13-12                          SENATE PROCEDURAL RULES

13-13                            (ORDER OF BUSINESS)

13-14                     PRESIDING OFFICER TO ASSUME CHAIR

13-15          Rule 5.01.  The presiding officer shall take the chair at the

13-16    hour to which the Senate last adjourned.

13-17                                  QUORUM

13-18          Rule 5.02.  Two-thirds of all the Senators elected shall

13-19    constitute a quorum, but a smaller number may adjourn or recess

13-20    from day to day and compel the attendance of absent members

13-21    (Constitution, Article III, Section 10).  In case a less number

13-22    shall convene, the members present may send the Sergeant-at-Arms or

13-23    any other person or persons for any or all absent members.

13-24                                 ABSENCES

13-25          Rule 5.03.  No member shall absent himself or herself from

 14-1    the sessions of the Senate without leave unless the member be sick

 14-2    or unable to attend.

 14-3                            CALL OF THE SENATE

 14-4          Rule 5.04.  It shall be in order to move a call of the Senate

 14-5    at any time to secure, to maintain, or to secure and maintain a

 14-6    quorum for the following purposes:

 14-7                (1)  for the consideration of a specific bill,

 14-8    resolution, or other measure;

 14-9                (2)  for a definite period of time or for the

14-10    consideration of any particular class of bills.

14-11          When a call of the Senate is moved for one of the above

14-12    purposes and seconded by five members and ordered by a majority of

14-13    those present, the Doorkeeper shall close the main entrance to the

14-14    floor of the Senate.  All other doors leading from the floor of the

14-15    Senate shall be locked[,] and no member shall be permitted to leave

14-16    the Senate without written permission of the presiding officer

14-17    until after the subject matter upon which the call was ordered has

14-18    been disposed of.  The Secretary shall call the roll of members and

14-19    note the absentees.  Those for whom no sufficient excuse is made,

14-20    by order of the majority of those present, may be sent for and

14-21    arrested wherever they may be found and their attendance secured

14-22    and retained by the Sergeant-at-Arms or officers appointed by the

14-23    Sergeant for that purpose.  The Senate shall determine upon what

14-24    conditions they shall be discharged.  Members who voluntarily

14-25    appear shall, unless the Senate otherwise directs, be immediately

 15-1    admitted to the floor of the Senate, and they shall report their

 15-2    names to the Secretary to be entered upon the journal as present.

 15-3    Until a quorum appears, should the roll call fail to show one

 15-4    present, no business shall be done except to compel the attendance

 15-5    of absent members or to adjourn.

 15-6          When a quorum is shown to be present, the Senate may proceed

 15-7    with the matters upon which the call was ordered or may enforce and

 15-8    await the attendance of as many of the absentees as it desires to

 15-9    have present.  If the Senate decides to proceed, the

15-10    Sergeant-at-Arms shall not be required to bring in other absentees

15-11    unless so ordered by a majority vote of the Senate.

15-12                                 ROLL CALL

15-13          Rule 5.05.  Upon every roll call the names of the members

15-14    shall be called alphabetically by surname, except when two or more

15-15    have the same surname, in which case the name of the county shall

15-16    be added.

15-17                            PRAYER BY CHAPLAIN

15-18          Rule 5.06.  When there is a quorum present, prayer shall be

15-19    offered by the Chaplain or other person designated by the President

15-20    of the Senate.

15-21                            READING OF JOURNAL

15-22          Rule 5.07.  After the prayer, the journal of the preceding

15-23    day shall be read and corrected, if necessary.

15-24                               MORNING CALL

15-25          Rule 5.08.  The President then shall call:

 16-1                (1)  for reports from select committees;

 16-2                (2)  for Senate bills and resolutions and House bills

 16-3    and resolutions on first reading and referral to committee;

 16-4                (3)  for the introduction and consideration of

 16-5    resolutions;

 16-6                (4)  for messages and executive communications;

 16-7                (5)  for motions to print on minority reports;

 16-8                (6)  for other motions not provided herein, including

 16-9    but not limited to motions to set a bill for special order, to

16-10    reconsider, to print and not print bills, to rerefer bills, to

16-11    concur in House amendments to Senate bills, to not concur in House

16-12    amendments to Senate bills, to request the appointment of

16-13    conference committees, and to adopt conference committee reports.

16-14          This concludes the morning call, which the President shall

16-15    announce to the Senate.

16-16          It shall not be in order, during the morning call, to move to

16-17    take up a bill or resolution out of its regular order, and the

16-18    presiding officer shall not recognize any Senator for the purpose

16-19    of making any such motion or making a motion to suspend this rule.

16-20                ORDER OF CONSIDERING BILLS AND RESOLUTIONS

16-21          Rule 5.09.  At the conclusion of the morning call, the Senate

16-22    shall proceed to consider business on the President's table, which

16-23    shall be disposed of in the following order:

16-24                (1)  special orders;

16-25                (2)  unfinished business;

 17-1                (3)  Senate Joint Resolutions;

 17-2                (4)  Senate Resolutions;

 17-3                (5)  Senate Concurrent Resolutions;

 17-4                (6)  Senate bills on third reading;

 17-5                (7)  Senate bills on second reading;

 17-6                (8)  House Joint Resolutions;

 17-7                (9)  House bills on third reading;

 17-8                (10)  House bills on second reading;

 17-9                (11)  House Concurrent Resolutions.

17-10          The above order is for Senate bill days, except as modified

17-11    by any [the] Joint Rules.

17-12                              HOUSE BILL DAYS

17-13          Rule 5.10.  On [After the morning call has been concluded on]

17-14    calendar Wednesday and calendar Thursday of each week, House Joint

17-15    Resolutions and House bills on special order and on third and

17-16    second readings, respectively, and House Concurrent Resolutions

17-17    shall be taken up and considered until disposed of; provided in

17-18    case one should be pending at adjournment on Thursday, it shall go

17-19    over until the succeeding calendar Wednesday as unfinished

17-20    business.

17-21                              SPECIAL ORDERS

17-22          Rule 5.11.  (a)  Any bill, resolution, or other measure may

17-23    on any day be made a special order for a future time of the session

17-24    by an affirmative vote of two-thirds of the members present.

17-25          (b)  A special order shall be considered at the time for

 18-1    which it is set and considered from day to day until disposed of,

 18-2    unless at the time so fixed there is pending business under a

 18-3    special order, but such pending business may be suspended by a

 18-4    two-thirds vote of all the members present.  If a special order is

 18-5    not reached or considered at the time fixed, it shall not lose its

 18-6    place as a special order.  All special orders shall be subject to

 18-7    any [the] Joint Rules and [Senate] Rule 5.10.

 18-8          (c)  Upon the affirmative vote of four-fifths of the members

 18-9    present, a special order may be reset to an earlier time than

18-10    previously scheduled.

18-11                         REGULAR ORDER OF BUSINESS

18-12          Rule 5.12.  (a)  Bills and resolutions shall be considered on

18-13    second reading and shall be listed on the daily calendar of bills

18-14    and resolutions on the President's table for second reading in the

18-15    order in which the committee reports on them are received by the

18-16    [Secretary of the] Senate.  Upon the filing [receipt] of a

18-17    committee report on a bill or resolution as provided by Rule 11.13,

18-18    the Secretary of the Senate shall note the date and time [stamp]

18-19    the report was filed.  The [and forward a copy to the] Journal

18-20    Clerk [who] shall record the order in which the committee report

18-21    was received in the Senate Journal for the day on which the Senate

18-22    next convenes.

18-23          (b)  Bills and resolutions shall be considered on third

18-24    reading in the order in which they were passed on second reading.

 19-1                SUSPENSION OF THE REGULAR ORDER OF BUSINESS

 19-2          Rule 5.13.  No bill, joint resolution, or resolution

 19-3    affecting state policy may be considered out of its regular

 19-4    calendar order unless the regular order is suspended by a vote of

 19-5    two-thirds of the members present.

 19-6                              INTENT CALENDAR

 19-7          Rule 5.14.  (a)  During a regular session of the Legislature,

 19-8    any member who desires to suspend the regular order of business and

 19-9    take up a bill, joint resolution, or resolution out of its regular

19-10    order shall give [written] notice of such intent to the Secretary

19-11    of the Senate, in a manner specified [on forms provided] by the

19-12    Secretary, not later than 4:00 p.m. on the last preceding calendar

19-13    day that the Senate was in session.  Unless the printing rule has

19-14    been previously suspended, no bill, joint resolution, or resolution

19-15    shall be eligible to be placed on the Intent Calendar unless at the

19-16    time that the notice is given to the Secretary of the Senate the

19-17    bill, joint resolution, or [joint] resolution has been printed and

19-18    furnished to each member of the Senate [laid out on the members'

19-19    desks].  Notice must be given from day to day.  No member may give

19-20    notice on more than three bills or resolutions prior to April 15

19-21    [May 1] or on more than five bills or resolutions on or after April

19-22    15 [May 1].

19-23          (b)  The Secretary shall prepare a list of all legislation

19-24    for which notice has been given.  The list must be made available

19-25    to each member of the Senate and to the press no later than 6:30

 20-1    p.m. on the day the notice is filed.

 20-2          (c)  No provision of this rule may be suspended except by

 20-3    vote of four-fifths of the members present.

 20-4                           RULINGS BY PRESIDENT

 20-5          Rule 5.15.  Every question of order shall in the first

 20-6    instance be decided by the President, from whose decision any

 20-7    member may appeal to the Senate.  Rulings which set or alter

 20-8    precedent shall be printed as an annotation to the rules.

 20-9                                ARTICLE VI

20-10                                  MOTIONS

20-11                       MOTIONS AND THEIR PRECEDENCE

20-12          Rule 6.01.  (a)  When a question is under consideration by

20-13    the Senate, no motion shall be made except:

20-14                (1)  to fix the day to which the Senate shall adjourn

20-15    or recess;

20-16                (2)  to adjourn or recess;

20-17                (3)  to proceed to the transaction of executive

20-18    business;

20-19                (4)  the previous question;

20-20                (5)  to lay on the table;

20-21                (6)  to lay on the table subject to call;

20-22                (7)  to postpone to a time certain;

20-23                (8)  to commit;

20-24                (9)  to amend;

20-25                (10)  to postpone indefinitely.

 21-1          These several motions have precedence in the order named.  It

 21-2    shall be in order to make any number of the above motions before

 21-3    any vote is taken, but the votes shall be taken on all such motions

 21-4    made in the order of the precedence above stated.

 21-5          (b)  Upon compliance with pertinent Senate Rules, motions

 21-6    addressing House amendments to Senate bills, resolutions suspending

 21-7    the constitutional limitation on spending, resolutions suspending

 21-8    conference committee limitations, appointment of conference

 21-9    committees, and conference committee reports are privileged and may

21-10    be taken up at any time when no other matter is pending before the

21-11    Senate.

21-12                      LIMITATION OF DEBATE ON MOTIONS

21-13          Rule 6.02.  No debate shall be allowed on a motion to lay on

21-14    the table, for the previous question, or to adjourn or recess;

21-15    provided, however, that the author of a measure or whichever one of

21-16    the several authors of the same may be by them selected so to do

21-17    shall have the right, when a motion to lay on the table shall have

21-18    been made, to close the debate, which privilege the member may

21-19    yield to any other Senator subject to all of the Rules of the

21-20    Senate.

21-21                              WRITTEN MOTIONS

21-22          Rule 6.03.  All motions shall be reduced to writing and read

21-23    by the Secretary, if desired by the presiding officer or any

21-24    Senator present.

 22-1                           WITHDRAWAL OF MOTION

 22-2          Rule 6.04.  After a motion has been stated by the President

 22-3    or read by the Secretary, it shall be deemed to be in possession of

 22-4    the Senate, but it may be withdrawn at any time before it has been

 22-5    amended or decided.

 22-6                     MOTIONS TO FIX SUM OR STATE TIME

 22-7          Rule 6.05.  On a motion to fix a sum or state a time, the

 22-8    largest sum and the longest time shall have precedence.

 22-9                           DIVISION OF QUESTION

22-10          Rule 6.06.  Any member may have the question before the

22-11    Senate divided, if it be susceptible of a division, into distinct

22-12    questions.  On a motion to strike out and insert, it shall not be

22-13    in order to move for a division of the question, and the rejection

22-14    of a motion to strike out and insert one proposition shall not

22-15    prevent a motion to strike out and insert a different proposition

22-16    or prevent a subsequent motion simply to strike out.  The rejection

22-17    of a motion simply to strike out shall not prevent a subsequent

22-18    motion to strike out and insert.

22-19                              MOTION TO TABLE

22-20          Rule 6.07.  A motion to table shall only affect the matter to

22-21    which it is directed, and a motion to table an amendment shall

22-22    never have the effect of tabling the entire measure.

22-23                        MOTIONS TO REFER OR COMMIT

22-24          Rule 6.08.  Any bill, petition, or resolution may be referred

22-25    from one committee or subcommittee to another committee or

 23-1    subcommittee if the motion is approved by the chairs of both

 23-2    committees involved and by a two-thirds vote of the members present

 23-3    and voting.  Any bill, petition, or resolution may be committed to

 23-4    any committee or subcommittee at any stage of the proceedings on

 23-5    such bill, petition, or resolution by a majority vote of the

 23-6    elected members of the Senate.  A bill or joint resolution

 23-7    committed to a committee or subcommittee while on third reading

 23-8    shall be considered as on its second reading if reported favorably

 23-9    back to the Senate.

23-10          When several motions shall be made for reference of a subject

23-11    to a committee, they shall have preference in the following order:

23-12          First:  To a Committee of the Whole Senate

23-13          Second:  To a standing committee

23-14          Third:  To a standing subcommittee

23-15          Fourth:  To a select committee.

23-16                             PREVIOUS QUESTION

23-17          Rule 6.09.  Pending the consideration of any question before

23-18    the Senate, any Senator may call for the previous question, and if

23-19    seconded by five Senators, the presiding officer shall submit the

23-20    question:  "Shall the main question be now put?"  If a majority of

23-21    the members present and voting are in favor of it, the main

23-22    question shall be ordered, the effect of which shall be to cut off

23-23    all further amendments and debate and bring the Senate to a direct

23-24    vote--first upon pending amendments and motions, if there be any,

23-25    then upon the main proposition.  The previous question may be

 24-1    ordered on any pending amendment or motion before the Senate as a

 24-2    separate proposition and be decided by a vote upon said amendment

 24-3    or motion.

 24-4                              RECONSIDERATION

 24-5          Rule 6.10.  (a)  After a question shall have been decided,

 24-6    either in the affirmative or negative, any member voting with the

 24-7    prevailing side may, at any time on the same legislative day in

 24-8    which the vote was taken or on the next legislative day, move the

 24-9    reconsideration thereof.  If the motion to reconsider is

24-10    successful, the question shall immediately recur on the question

24-11    reconsidered.

24-12          (b)  When a bill, resolution, report, amendment, order, or

24-13    message upon which a vote was taken shall have gone out of the

24-14    possession of the Senate and have been delivered to the House of

24-15    Representatives or to the Governor, the motion to reconsider shall

24-16    be preceded [accompanied] by a motion to request the House or the

24-17    Governor to return same, which [last motion shall be acted upon,

24-18    and] if determined in the negative shall be a final disposition of

24-19    the motion to reconsider.  If the motion to request the House or

24-20    the Governor to return same is successful, the motion to reconsider

24-21    shall [then] be acted upon after the return of [and if sustained,]

24-22    the bill, resolution, report, amendment, order, or message [upon

24-23    which the vote was taken and which vote was reconsidered shall be

24-24    placed upon the calendar as unfinished business and may be called

24-25    up on the first appropriate day on or after the return of same] to

 25-1    the possession of the Senate.

 25-2                 SPREADING MOTION TO RECONSIDER ON JOURNAL

 25-3          Rule 6.11.  At any time before the expiration of the next

 25-4    legislative day following that on which the vote was taken, a

 25-5    motion to reconsider a vote may be made by any Senator who is

 25-6    permitted by Rule 6.10 to make it, and the maker of the motion may

 25-7    accompany it with a request that it be spread on the journal to be

 25-8    called up and acted on at a later time, which request shall be

 25-9    granted unless another Senator demands immediate action thereon.

25-10    In case a motion to reconsider that has been spread upon the

25-11    journal is not called up to be acted on by the Senate within five

25-12    legislative days after it has been made, it shall not thereafter be

25-13    called up or acted upon.  Any such motion that has been made during

25-14    the last six days of the session that has not been called up before

25-15    the final 24 hours of the session shall not thereafter be called up

25-16    or acted upon by the Senate.  In all cases, a motion to reconsider

25-17    shall be decided by a majority vote.

25-18                        DEMAND FOR IMMEDIATE RULING

25-19          Rule 6.12.  Pending the consideration or discussion of any

25-20    point of order before the presiding officer and the Senate, or

25-21    either, any Senator may demand that the point of order be

25-22    immediately decided, and if seconded by 10 Senators, the presiding

25-23    officer shall submit the question:  "Shall the point of order be

25-24    now decided?"  If a majority vote in favor of it, the point of

25-25    order shall immediately be decided by the presiding officer, and if

 26-1    an appeal from the presiding officer's decision is taken, the

 26-2    appeal shall be immediately decided by the Senate without debate.

 26-3                      DISPENSE WITH READING OF PAPERS

 26-4          Rule 6.13.  When the reading of a paper is called for and the

 26-5    same is objected to by any member, it shall be determined by a

 26-6    majority vote of the Senate and without debate.

 26-7                 MODE OF STATING AND VOTING UPON QUESTIONS

 26-8          Rule 6.14.  All questions shall be distinctly put by the

 26-9    President and the members shall signify their assent or dissent by

26-10    answering "yea" or "nay."

26-11                     CALLS FOR YEAS AND NAYS REQUIRED

26-12          Rule 6.15.  (a)  Upon the final passage of all amendments

26-13    proposed to the Constitution, all bills appropriating money or

26-14    lands for any purpose, and all questions requiring a vote of

26-15    two-thirds of the members elected, the presiding officer shall call

26-16    for the yeas and nays, and they shall be entered in the journal.

26-17    Upon all other questions requiring a vote of two-thirds of the

26-18    members present, including a motion to suspend the rules, the

26-19    presiding officer shall determine if there is objection and, if so,

26-20    call for the yeas and nays, but they shall not be entered into the

26-21    journal unless required under Subsection (b) of this rule.  If no

26-22    objection is made, the journal entry shall reflect a unanimous

26-23    consent vote of the members present without necessity of a roll

26-24    call of yeas and nays.

26-25          (b)  At the desire of any three members present, the yeas and

 27-1    nays shall be entered on the journal, and the names of the members

 27-2    present and not voting shall be recorded immediately after those

 27-3    voting in the affirmative and negative, and such members shall be

 27-4    counted in determining the presence of a quorum.  (Constitution,

 27-5    Article III, Section 12)

 27-6          (c)  A member must be on the floor of the Senate or in an

 27-7    adjacent room or hallway on the same level as the Senate floor or

 27-8    gallery in order to vote; but a member who is out of the Senate

 27-9    when a record vote is taken and who wishes to be recorded shall be

27-10    permitted to do so provided:

27-11                (1)  the member was out of the Senate temporarily,

27-12    having been recorded earlier as present;

27-13                (2)  the vote is submitted to the Secretary of the

27-14    Senate prior to adjournment or recess to another calendar day; and

27-15                (3)  the recording of the member's vote does not change

27-16    the result as announced by the chair.

27-17          (d)  Once begun, a roll call may not be interrupted for any

27-18    reason.

27-19                        MEMBERS REFUSING TO ANSWER

27-20                             RECORDED PRESENT

27-21          Rule 6.16.  Upon a roll call of the Senate, should any member

27-22    who is on the floor of the Senate fail or refuse to answer the call

27-23    of the roll, the Secretary of the Senate shall, under the direction

27-24    of the President of the Senate, record such member as present.

 28-1                               PAIRED VOTES

 28-2          Rule 6.17.  If a member who is absent desires to be recorded

 28-3    on a pending question, the member may cast a paired vote by signing

 28-4    a pair slip which indicates the member's "yea" or "nay" vote with a

 28-5    member who is present and casting an opposite vote, if the member

 28-6    who is present so desires.  Pair slips must be signed by both the

 28-7    absent and present member and filed with the Secretary of the

 28-8    Senate before the vote.  The paired votes of the present and absent

 28-9    members shall be recorded as an expression of opinion on the matter

28-10    considered but shall not be counted in the total of votes for or

28-11    against the measure or motion.  However, the member present shall

28-12    be counted to make a quorum.

28-13                        LIEUTENANT GOVERNOR TO GIVE

28-14                               CASTING VOTE

28-15          Rule 6.18.  If the Senate be equally divided on any question,

28-16    the Lieutenant Governor, if present, shall give the casting vote.

28-17    (Constitution, Article IV, Section 16)

28-18                    EFFECT OF TIE VOTE WHEN LIEUTENANT

28-19                              GOVERNOR ABSENT

28-20          Rule 6.19.  If the Senate is equally divided on any question

28-21    when the Lieutenant Governor is not present, such question or

28-22    motion shall be lost.

28-23                               VETOED BILLS

28-24          Rule 6.20.  A vote of two-thirds of all members elected to

28-25    the Senate shall be required for the passage of House bills that

 29-1    have been returned by the Governor with his objections, and a vote

 29-2    of two-thirds of the members of the Senate present shall be

 29-3    required for the passage of Senate bills that have been returned by

 29-4    the Governor with his objections. (Constitution, Article IV,

 29-5    Section 14)

 29-6                                ADJOURNMENT

 29-7          Rule 6.21.  A motion to adjourn or recess shall always be in

 29-8    order and shall be decided without debate, and the Senate may

 29-9    adjourn or recess while operating under the previous question.

29-10                    ADJOURNMENT OF SENATE FOR MORE THAN

29-11                                THREE DAYS

29-12          Rule 6.22.  The Senate shall not adjourn or recess for more

29-13    than three days or to any other place than that in which it may be

29-14    sitting, without the concurrence of the House of Representatives.

29-15    (Constitution, Article III, Section 17)

29-16                                ARTICLE VII

29-17                     INTRODUCTION AND PASSAGE OF BILLS

29-18                    CUSTODIAN OF BILLS AND RESOLUTIONS

29-19          Rule 7.01.  The Calendar Clerk shall be the official

29-20    custodian of the bills and resolutions pending in the Senate, and

29-21    the same may not be withdrawn from the custody of such clerk

29-22    without the consent of the Senate.

29-23                               CAPTION RULE

29-24          Rule 7.02.  Each bill must include a caption beginning with

29-25    the words "A Bill to be Entitled an Act" to be followed by a brief

 30-1    statement that gives the Legislature and the public reasonable

 30-2    notice of the subject of the proposed measure.  (Constitution,

 30-3    Article III, Sections 29 and 35)

 30-4                       ANNOUNCEMENT OF STAGE OF BILL

 30-5          Rule 7.03.  The President shall, at each reading, announce

 30-6    whether the bill originated in the Senate or House of

 30-7    Representatives and whether it be the first, second, or third

 30-8    reading.

 30-9                               FILING BILLS

30-10          Rule 7.04.  (a)  Beginning the first Monday after the general

30-11    election preceding the next regular legislative session or within

30-12    30 days prior to any special session, it shall be in order to

30-13    prefile with the Secretary of the Senate bills for introduction in

30-14    that session.

30-15          (b)  During the session bills may be filed for introduction

30-16    with the Secretary at any time.

30-17          (c)  Upon receipt of the bills the Secretary of the Senate

30-18    shall number them and make them a matter of public record,

30-19    available for distribution.  Once a bill has been filed it may not

30-20    be recalled.

30-21                      INTRODUCTION AND FIRST READING

30-22                                 OF BILLS

30-23          Rule 7.05.  (a)  Senate bills shall be considered introduced

30-24    when first read in the presence of the Senate.

30-25          (b)  Senate bills filed for introduction, and House bills

 31-1    received by the Senate,  shall be read on first reading at the

 31-2    appropriate point in the morning call.

 31-3                             REFERRAL OF BILLS

 31-4          Rule 7.06.  (a)  The President shall refer each bill to a

 31-5    proper committee or standing subcommittee and shall cause such

 31-6    referral to be announced when the bill is first read.

 31-7          (b)  No action shall be taken on a bill accepting, rejecting,

 31-8    or amending it until the bill has been reported on by a committee.

 31-9                        LIMITATIONS ON INTRODUCTION

31-10          Rule 7.07.  (a)  A bill may be introduced at any time during

31-11    the first 60 calendar days of the regular session and may be

31-12    referred to the proper committee and disposed of under the rules of

31-13    the Senate.

31-14          (b)  Except as provided in Rule 7.08, no bill shall be

31-15    introduced after the first 60 calendar days of the session.  This

31-16    provision may only be suspended by an affirmative vote of

31-17    four-fifths of the members of the Senate.

31-18          (c)  It shall not be in order to introduce a local bill as

31-19    defined by Rule 9.01 unless notice of publication, as provided by

31-20    law, is attached.

31-21                    CONSIDERATION OF EMERGENCY MATTERS

31-22          Rule 7.08.  At any time during the session, resolutions,

31-23    emergency appropriations, emergency matters specifically submitted

31-24    by the Governor in special messages to the Legislature, and local

31-25    bills (as defined in Rule 9.01) may be filed with the Secretary of

 32-1    the Senate, introduced and referred to the proper committee, and

 32-2    disposed of under the rules of the Senate.

 32-3                 ANALYSIS OF FISCAL AND OTHER IMPLICATIONS

 32-4                           OF BILL OR RESOLUTION

 32-5          Rule 7.09.  (a)  It is the intent of this rule that all

 32-6    members of the Senate be timely informed to the impact of proposed

 32-7    legislation on the state or other units of government.

 32-8                               Fiscal Notes

 32-9          (b)  Prior to a final vote by a committee to report any bill

32-10    or joint resolution, except the general appropriations bill, there

32-11    shall be attached a fiscal note signed by the director of the

32-12    Legislative Budget Board.

32-13          (c)  If a bill or joint resolution is amended by a committee,

32-14    the committee chair shall obtain an updated fiscal note.  The chair

32-15    may require that the updated fiscal note be distributed to the

32-16    committee members prior to the final vote to report the measure.

32-17          (d)  Prior to a motion to concur in House amendments, an

32-18    updated fiscal note shall be distributed to all members if the

32-19    director of the Legislative Budget Board determines that a House

32-20    floor amendment has altered the policy implications of the bill or

32-21    resolution, except the general appropriations bill.

32-22          (e)  An updated fiscal note shall be distributed to all

32-23    members prior to a  motion to adopt a conference committee report

32-24    on any bill or joint resolution, other than the general

32-25    appropriations bill; provided that an updated fiscal note is not

 33-1    required on a conference committee report if the text of the report

 33-2    is the engrossed text of either the House or Senate version and the

 33-3    report has attached a fiscal note outlining the fiscal implications

 33-4    of that version of the measure.

 33-5          (f)  A fiscal note for a bill or joint resolution which

 33-6    authorizes or requires the expenditure or diversion of any state

 33-7    funds for any purpose shall estimate the fiscal implications and

 33-8    probable cost of the measure each year for the first five years

 33-9    after the implementation of its provisions and state whether there

33-10    will be a cost involved thereafter.  The fiscal note shall include

33-11    the number of additional employees considered in arriving at the

33-12    probable cost.

33-13          (g)  A fiscal note for any bill or joint resolution which

33-14    imposes, increases, decreases, or repeals any state tax or fee

33-15    shall estimate the fiscal implications of the measure for the first

33-16    five years after the implementation of its provisions and state

33-17    whether there will be fiscal implications thereafter.  The

33-18    committee chair to which the bill or resolution was referred may

33-19    request the director of the Legislative Budget Board to include

33-20    with the fiscal note a tax equity note estimating the general

33-21    effects of the proposal on the distribution of tax and fee burdens

33-22    among individuals and businesses.

33-23          (h)  A fiscal note for any bill or joint resolution which has

33-24    impact on units of local government of the same type or class shall

33-25    estimate the fiscal implications and probable cost of the measure

 34-1    to the affected unit or units of local government each year for the

 34-2    first five years after the implementation of its provisions and

 34-3    state whether there will be a cost involved thereafter.  As used in

 34-4    this rule, "unit of local government" means county, city, town,

 34-5    school district, conservation district, hospital district, or any

 34-6    other political subdivision or special district.

 34-7                             Impact Statements

 34-8          (i)  If the director of the Legislative Budget Board

 34-9    determines that a bill or joint resolution proposes to change

34-10    benefits or participation in benefits of a public retirement system

34-11    or would otherwise change the financial obligations of a public

34-12    retirement system, the director shall prepare and forward to the

34-13    chair of the committee to which the measure is referred an

34-14    actuarial impact statement; provided that an actuarial impact

34-15    statement is not required for the general appropriations bill, a

34-16    measure that would change the financial obligations of a retirement

34-17    system only by modifying the compensation of members of the system

34-18    or by modifying the administrative duties of the system, or a

34-19    measure that would change the financial obligations of a retirement

34-20    system only by imposing an expense on the system in the same manner

34-21    that the expense is imposed on other agencies or units of

34-22    government.

34-23          In this rule, "public retirement system" means a continuing,

34-24    organized program of service retirement, disability retirement, or

34-25    death benefits for officers or employees of the state or a

 35-1    political subdivision, but does not include a program for which

 35-2    benefits are administered by a life insurance company, a program

 35-3    providing only workers' compensation benefits, or a program

 35-4    administered by the federal government.

 35-5          An actuarial impact statement shall:

 35-6                (1)  summarize the actuarial analysis that has been

 35-7    prepared for the bill or resolution;

 35-8                (2)  identify and comment on the reasonableness of each

 35-9    actuarial assumption used in that actuarial analysis; and

35-10                (3)  show the economic effect of the proposed bill or

35-11    resolution on the public retirement system, including a projection

35-12    of the actuarial cost or liability imposed by the proposal on the

35-13    system, the effect of the legislation on the amortization schedule

35-14    for liabilities of the system, and the estimated dollar change in

35-15    the unfunded liability of the system.

35-16          (j)  If the director of the Legislative Budget Board

35-17    determines that a bill or resolution authorizes or requires a

35-18    change in the sanctions applicable to:  (1) adults convicted of

35-19    felony crimes, or (2) juveniles who have been adjudicated for a

35-20    misdemeanor or felony conduct; the director shall prepare and

35-21    forward to the chair of the committee to which the measure is

35-22    referred a Criminal Justice Policy Impact Statement.  The statement

35-23    shall estimate the impact of the proposed policy changes on the

35-24    programs and workload of state corrections agencies and on the

35-25    demand for resources and services of those agencies.  In this

 36-1    section, "sanctions" includes sentences and dispositions, as well

 36-2    as adjustments to sentences and dispositions such as probation,

 36-3    parole, and mandatory supervision, including changes in policy or

 36-4    statutes related to eligibility, revocation, and good time credits

 36-5    as well as requirements and conditions of probation.

 36-6          (k)  If the director of the Legislative Budget Board

 36-7    determines that a bill or joint resolution authorizes or requires a

 36-8    change in the public school finance system, the director shall

 36-9    prepare and forward to the chair of the committee to which the

36-10    measure is referred an Equalized Education Funding Impact

36-11    Statement.  The statement shall estimate the impact of the proposed

36-12    policy changes on state equalized funding requirements and

36-13    policies.

36-14          (l)  If the director of the Legislative Budget Board

36-15    determines that a bill or joint resolution authorizes or requires a

36-16    change in the classification, mission, or governance structure of

36-17    an institution of higher education or would establish such an

36-18    institution, the director shall, after consultation with the Higher

36-19    Education Coordinating Board, prepare and forward to the chair of

36-20    the committee to which the measure is referred a Higher Education

36-21    Impact Statement.  The statement shall estimate the need for the

36-22    new or expanded institution, including information on geographic

36-23    access to existing institutions, student demand for the institution

36-24    and programs, the possible duplication of programs with other

36-25    institutions in the geographical region, and the long-term costs to

 37-1    the state for the institution, including any facilities

 37-2    construction and maintenance.  If the measure proposes change in

 37-3    the governance of an institution, the statement shall estimate the

 37-4    programmatic and economic impacts of the change to the state and

 37-5    the affected institutions and systems.

 37-6          (m)  If the director of the Legislative Budget Board has

 37-7    determined that an impact statement is required, pursuant to

 37-8    Subsection (i), (j), (k), or (l) of this rule, for any bill or

 37-9    joint resolution, except the general appropriations bill, the

37-10    impact statement shall be attached to the measure prior to a final

37-11    vote by a committee to report the measure.

37-12          (n)  If a bill or joint resolution is amended by a committee

37-13    other than a conference committee, the committee chair shall obtain

37-14    an updated impact statement, which shall be attached to the

37-15    committee report.  The chair may require that the updated impact

37-16    statement be distributed to the committee members prior to the

37-17    final vote to report the measure.

37-18          (o)  The director of the Legislative Budget Board may prepare

37-19    an updated impact statement to reflect House amendments to a Senate

37-20    bill or joint resolution or a conference committee report.  Such

37-21    statement shall be forwarded to the Secretary of the Senate, who

37-22    shall have the impact statement printed and distributed to the

37-23    members.

37-24                            General Provisions

37-25          (p)  In preparing a fiscal note or an impact statement, the

 38-1    director of the Legislative Budget Board may use information or

 38-2    data supplied by any person, agency, organization, or governmental

 38-3    unit that the director deems reliable.  The director shall state

 38-4    the sources of information or data used and may state the extent to

 38-5    which the director relied on the information or data in preparing

 38-6    the fiscal note or impact statement.  If the director is unable to

 38-7    acquire or develop sufficient information to prepare a fiscal note

 38-8    within 15 days after receiving a bill or joint resolution, the

 38-9    director shall prepare the fiscal note stating that fact, and the

38-10    fiscal note shall be in full compliance with the rules.  If the

38-11    director determines that the fiscal or other implications of a bill

38-12    or joint resolution cannot be ascertained, the director shall

38-13    prepare the fiscal note stating that fact, and the fiscal note

38-14    shall be in full compliance with the rules.

38-15          (q)  The director of the Legislative Budget Board shall

38-16    forward a copy of each fiscal note or impact statement to the

38-17    author or sponsor of the affected bill or joint resolution.

38-18          (r)  All fiscal notes and impact statements shall be signed

38-19    by the director of the Legislative  Budget Board and shall remain

38-20    with the measure throughout the entire legislative process,

38-21    including submission to the governor.

38-22          (s)  For any statement or analysis required by this rule, the

38-23    Senate Committee on Administration may adopt such necessary forms

38-24    and procedures as are required to ensure that all members of the

38-25    Senate are informed as to the impact of proposed legislation on the

 39-1    state or other unit of government.  The committee may authorize the

 39-2    director of the Legislative Budget Board to develop the format for

 39-3    fiscal notes and impact statements and submit the suggested forms

 39-4    to the committee for its approval.  [On any bill or resolution that

 39-5    proposes to change benefits or participation in benefits of a

 39-6    public retirement system or that would otherwise change the

 39-7    financial obligations of a public retirement system, there shall be

 39-8    attached an actuarial impact statement prepared by the Legislative

 39-9    Budget Board in cooperation with the State Pension Review Board.]

39-10          [(b)  On any bill or joint resolution which authorizes or

39-11    requires the expenditure or diversion of any state funds for any

39-12    purpose, except the general appropriations bill, there shall be

39-13    attached a fiscal note signed by the director of the Legislative

39-14    Budget Board and outlining the fiscal implications and probable

39-15    cost of the measure for the first five years after its passage, and

39-16    a statement as to whether or not there will be a cost involved

39-17    thereafter.]

39-18          [(c)  On any bill or resolution that authorizes or requires a

39-19    change in the sanctions applicable to adults convicted of felony

39-20    crimes, there shall be attached a Criminal Justice Policy Impact

39-21    Statement signed by the director of the Legislative Budget Board

39-22    and outlining the estimated impact of the proposed policy changes

39-23    on the programs and work load of state corrections agencies and on

39-24    the demand for resources and services of those agencies.]

39-25          [(d)  On any bill or resolution that authorizes or requires a

 40-1    change in the public school finance system, there shall be attached

 40-2    an Equalized Education Funding Impact Statement signed by the

 40-3    director of the Legislative Budget Board and outlining the

 40-4    estimated impact of the proposed policy changes on state equalized

 40-5    funding requirements and policies.]

 40-6          [(e)  For any statement or analysis required by this rule,

 40-7    the Senate Committee on Administration shall adopt such necessary

 40-8    forms and procedures as are required to ensure that all members of

 40-9    the Senate are informed as to the impact of proposed legislation on

40-10    the state or other unit of government.]

40-11                      FORMAT OF BILLS AND RESOLUTIONS

40-12                          REPORTED BY COMMITTEES

40-13          Rule 7.10.  (a)  A committee may not report a bill or

40-14    resolution to the Senate unless the bill or resolution complies

40-15    with Subsection (b) of this rule.

40-16          (b)  In any section of a bill or joint resolution that

40-17    proposes to amend an existing statute or constitutional provision,

40-18    language sought to be deleted must be bracketed and stricken

40-19    through, and language sought to be added must be underlined.  This

40-20    requirement does not apply to:

40-21                (1)  an appropriation bill;

40-22                (2)  a local bill;

40-23                (3)  a recodification bill;

40-24                (4)  a redistricting bill;

40-25                (5)  a section of a bill or joint resolution not

 41-1    purporting to amend an existing statute or constitutional

 41-2    provision;

 41-3                (6)  a section of a bill or joint resolution that

 41-4    revises the entire text of an existing statute or constitutional

 41-5    provision, to the extent that it would confuse rather than clarify

 41-6    to show deletions and additions; and

 41-7                (7)  a section of a bill or joint resolution providing

 41-8    for severability, nonseverability, emergency, or repeal of an

 41-9    existing statute or constitutional provision.

41-10          (c)  The President may overrule a point of order raised as to

41-11    a violation of Subsection (b) of this rule if the violation is

41-12    typographical or minor and does not tend to deceive or mislead.

41-13          (d)  The Senate Enrolling Clerk may make certain technical

41-14    corrections in bills and resolutions to conform the language to

41-15    requirements of Subsection (b) of this rule and of the Texas

41-16    Constitution.  This subsection applies to misspelled words,

41-17    mistakes in citations and internal references, numbering and

41-18    reprinting errors, bracketing and underlining errors, mistakes in

41-19    grammar and punctuation, and insufficient captions.

41-20                        COMMITTEE SUBSTITUTE BILLS

41-21          Rule 7.11.  (a)  A committee may adopt and report a complete

41-22    germane committee substitute containing the caption, enacting

41-23    clause, and text of a bill or resolution in lieu of the original,

41-24    in which event the complete substitute bill or resolution shall be

41-25    laid before the Senate and shall be the matter before the Senate

 42-1    for its consideration instead of the original.  If the substitute

 42-2    is defeated at any legislative stage, the bill or resolution is

 42-3    considered not passed.

 42-4          (b)  If a point of order is raised and sustained that a

 42-5    committee substitute bill is not germane or contains provisions not

 42-6    germane to the original bill, the bill shall be returned for

 42-7    further consideration to the committee from which it was reported.

 42-8    If the committee desires to hear additional testimony, the bill

 42-9    shall be posted for public hearing according to the rules of the

42-10    Senate and is subject to Rule 11.20.

42-11                             PRINTING OF BILLS

42-12          Rule 7.12.  (a)  Every favorable committee report on a

42-13    general bill made by a Senate committee shall be printed, unless

42-14    the Senate on the same day it is reported or on the next

42-15    legislative day shall order it not printed.  Each committee report

42-16    on a local bill shall be printed, unless the committee making the

42-17    report recommends that it not be printed, in which case the

42-18    committee's recommendations shall be effective as an order of the

42-19    Senate that the report be not printed.  A list of all bills on

42-20    committee report ordered not printed by the Senate or ordered not

42-21    printed by committee recommendation shall be listed by number,

42-22    author, and caption and distributed to each member at the close of

42-23    each day's business.  Copies of all committee reports printed shall

42-24    be furnished to each member of the Senate [placed on the desks of

42-25    Senators] on the same day the printed copies are delivered by the

 43-1    printer. No bill except local bills and bills ordered not printed

 43-2    by the Senate shall be considered by the Senate until a printed

 43-3    committee report has been available to each member of the Senate

 43-4    for at least 24 hours and is on the desk of each Senator [at least

 43-5    24 hours].

 43-6          (b)  Every committee report printing on a bill or resolution

 43-7    shall include:

 43-8                (1)  a copy of the committee report form showing the

 43-9    record vote by which the measure was reported, whether the measure

43-10    was reported favorably or unfavorably, with amendment or with a

43-11    substitute;

43-12                (2)  a copy of the original bill or resolution, unless

43-13    the committee reports a substitute measure;

43-14                (3)  a copy of any substitute bill or resolution;

43-15                (4)  a copy of each amendment adopted to the bill or

43-16    resolution;

43-17                (5)  any fiscal note on the bill or resolution,

43-18    including any updated fiscal note required by Rule 7.09 [to reflect

43-19    any change in fiscal implications made by amendment or substitute];

43-20                (6)  any criminal justice impact statement, including

43-21    any updated statement required by Rule 7.09 [to reflect any change

43-22    made by amendment or substitute];

43-23                (7)  any equalized education funding impact statement,

43-24    including any updated statement required by Rule 7.09 [to reflect

43-25    any change made by amendment or substitute];

 44-1                (8)  any higher education impact statement, including

 44-2    any updated statement required by Rule 7.09;

 44-3                (9)  any actuarial analysis, including any updated

 44-4    analysis required by Rule 7.09 [to reflect any change made by

 44-5    amendment or substitute];

 44-6                (10) [(9)]  a bill analysis, including any updated

 44-7    analysis to reflect any change made by amendment or substitute; and

 44-8                (11) [(10)]  a list of witnesses testifying in favor,

 44-9    against, or on the bill or resolution.

44-10                        SUSPENSION OF RULE LIMITING

44-11                          CONSIDERATION OF BILLS

44-12          Rule 7.13.  Except as otherwise provided in Rule 7.08, bills

44-13    shall not be taken up, considered, or acted upon by the Senate

44-14    during the first 60 calendar days of the session, unless this rule

44-15    be suspended by the affirmative vote of four-fifths of the members

44-16    of the Senate.

44-17                  CONSIDERATION OF HOUSE BILL IN LIEU OF

44-18                        SENATE BILL ON SAME SUBJECT

44-19          Rule 7.14.  When any Senate bill shall be reached on the

44-20    calendar or shall be before the Senate for consideration, it shall

44-21    be the duty of the President to give the place of such bill on the

44-22    calendar to any House bill which has been referred to and reported

44-23    from a committee of the Senate containing the same subject or to

44-24    lay such House bill before the Senate to be considered in lieu of

44-25    such Senate bill.

 45-1                                GERMANENESS

 45-2          Rule 7.15.  No motion or proposition on a subject different

 45-3    from that under consideration shall be admitted under color of

 45-4    amendment or as a substitute for the motion or proposition under

 45-5    debate.  (Constitution, Article III, Section 30)

 45-6                  AMENDMENTS TO TAX BILLS OR SUNSET BILLS

 45-7          Rule 7.16.  No amendment shall be considered to any tax bill

 45-8    or sunset bill on second reading unless the subject matter it

 45-9    entails has been discussed at a Senate committee meeting at which

45-10    the bill was heard.

45-11                  MOTION TO PASS A BILL TO SECOND READING

45-12                             IS NOT NECESSARY

45-13          Rule 7.17.  No motion is necessary to pass a bill to its

45-14    second reading.  The main question on the second reading of the

45-15    bill shall be, if a Senate bill, "Shall this bill be engrossed and

45-16    passed to a third reading?" and if it be a House bill, "Shall this

45-17    bill pass to a third reading?"

45-18                   READING OF BILL ON THREE SEVERAL DAYS

45-19          Rule 7.18.  No bill shall have the force of a law until it

45-20    has been read on three several days in each House and free

45-21    discussion allowed thereon, but in case of imperative public

45-22    necessity (which necessity shall be stated in a preamble or in the

45-23    body of the bill), four-fifths of the House in which the bill may

45-24    be pending may suspend this rule, the yeas and nays being taken on

45-25    the question of suspension and entered upon the journals.

 46-1    (Constitution, Article III, Section 32)

 46-2                  ADOPTION OF AMENDMENT ON THIRD READING

 46-3          Rule 7.19.  No amendment shall be adopted at the third

 46-4    reading of a bill without the consent of two-thirds of the members

 46-5    present.

 46-6                    LIMITATIONS ON APPROPRIATIONS BILLS

 46-7          Rule 7.20.  Unless within the authority of a resolution or

 46-8    resolutions adopted pursuant to Article VIII, Section 22(b), of the

 46-9    Constitution, it is not in order for the Senate to consider for

46-10    final passage on third reading, on motion to concur in House

46-11    amendments, or on motion to adopt a conference committee report a

46-12    bill appropriating funds from the State Treasury in an amount that,

46-13    when added to amounts previously appropriated by bills finally

46-14    passed by both Houses and sent to the comptroller or due to be sent

46-15    to the comptroller, would exceed the limit on appropriations

46-16    established under Subchapter A, Chapter 316, [Subchapter A,]

46-17    Government Code.

46-18                     HOUSE AMENDMENTS TO SENATE BILLS

46-19          Rule 7.21.  If a Senate bill is returned with House

46-20    amendments, all House amendments must be printed and a copy

46-21    furnished to [laid on] each member at least [member's desk for] 24

46-22    hours prior to a motion to concur.

46-23                               DEFEATED BILL

46-24          Rule 7.22.  After a bill has been considered and defeated by

46-25    either branch of the Legislature, no bill containing the same

 47-1    substance shall be passed into a law during the same session.

 47-2    (Constitution, Article III, Section 34)

 47-3                    SIGNING OF BILLS AND RESOLUTIONS BY

 47-4                             PRESIDING OFFICER

 47-5          Rule 7.23.  The President of the Senate or the presiding

 47-6    officer shall, in the presence of the Senate, sign all bills and

 47-7    joint resolutions passed by the Legislature.  The titles of all

 47-8    such bills and resolutions shall be publicly read, and the fact of

 47-9    the signing shall be entered on the journal. (Constitution, Article

47-10    III, Section 38)

47-11                            DEADLINE FOR REPORT

47-12                          [SEVENTY-TWO-HOUR RULE]

47-13          Rule 7.24.  (a)  No bill shall be considered, unless it has

47-14    been first referred to a committee and reported thereon, and no

47-15    bill shall be passed which has not been presented and referred to

47-16    and reported from a committee at least three days before the final

47-17    adjournment of the Legislature.  (Constitution, Article III,

47-18    Section 37)

47-19          (b)  No bill shall be considered during a regular session

47-20    [passed] which has not been presented and referred to and reported

47-21    from a Senate committee at least 15 [three] days before the final

47-22    adjournment of the Legislature.  It shall require a vote of

47-23    four-fifths of the members present to suspend this rule.

47-24                            LIMITATION ON VOTE

47-25                          [TWENTY-FOUR-HOUR RULE]

 48-1          Rule 7.25.  No vote shall be taken upon the passage of any

 48-2    bill on its third reading after the 135th calendar day of a regular

 48-3    session, nor for any purpose within the last 24 hours of the

 48-4    session unless it be to correct an error therein[, concur in House

 48-5    amendments to Senate bills, or adopt a conference committee

 48-6    report].  It shall require a vote of four-fifths of members present

 48-7    to suspend this rule.

 48-8                               ARTICLE VIII

 48-9                         PETITIONS AND RESOLUTIONS

48-10                             PROCEDURAL RULES

48-11          Rule 8.01.  Every resolution that requires the approval of

48-12    the Governor shall be subject to the rules that govern the

48-13    proceedings on bills.

48-14                           REFERRAL TO COMMITTEE

48-15          Rule 8.02.  Petitions, concurrent and joint resolutions, and

48-16    resolutions setting or defining legislative or state policy or

48-17    amending the Senate Rules shall be referred to an appropriate

48-18    standing committee when introduced and shall not be considered

48-19    immediately unless the Senate so directs by a two-thirds vote of

48-20    the members present.  The motion to consider such petition or

48-21    resolution immediately is not debatable.

48-22                  CONGRATULATORY, MEMORIAL, AND COURTESY

48-23                                RESOLUTIONS

48-24          Rule 8.03.  Congratulatory and memorial petitions and

48-25    resolutions, after a brief explanation by the author or sponsor,

 49-1    shall be considered immediately without debate unless otherwise

 49-2    ordered by a majority of the members present.  Upon request by any

 49-3    member, the presiding officer shall, at an appropriate time during

 49-4    the proceedings, recognize guests of such member in the Senate

 49-5    Chamber or gallery.  Any member may request and the Secretary of

 49-6    the Senate shall provide a maximum of five copies of a courtesy

 49-7    recognition certificate for each person or group so recognized by

 49-8    the presiding officer.

 49-9                            DEFEATED RESOLUTION

49-10          Rule 8.04.  After a resolution has been considered and

49-11    defeated by either branch of the Legislature, no resolution

49-12    containing the same substance shall be passed into a law during the

49-13    same session.  (Constitution, Article III, Section 34) See note to

49-14    Rule 7.22 [7.23].

49-15                                ARTICLE IX

49-16                                LOCAL BILLS

49-17                         DEFINITION OF LOCAL BILL

49-18          Rule 9.01.  (a)  Neither the Senate nor a committee of the

49-19    Senate may consider a local bill unless notice of intention to

49-20    apply for the passage of the bill was published as provided by law

49-21    and evidence of the publication was attached to the bill at the

49-22    time of introduction.

49-23          (b)  Except as provided by Subsection (c) of this rule,

49-24    "local bill" for purposes of this article means:

49-25                (1)  a bill for which publication of notice is required

 50-1    under Article XVI, Section 59, of the Texas Constitution (water

 50-2    districts, etc.);

 50-3                (2)  a bill for which publication of notice is required

 50-4    under Article IX, Section 9, of the Texas Constitution (hospital

 50-5    districts);

 50-6                (3)  a bill relating to hunting, fishing, or

 50-7    conservation of wildlife resources of a specified locality;

 50-8                (4)  a bill creating or affecting a county court or

 50-9    statutory court or courts of one or more specified counties or

50-10    municipalities;

50-11                (5)  a bill creating or affecting the juvenile board or

50-12    boards of a specified county or counties; or

50-13                (6)  a bill creating or affecting a road utility

50-14    district under the authority of Article III, Section 52, of the

50-15    Texas Constitution.

50-16          (c)  A bill is not considered to be a local bill under

50-17    Subsection (b)(3), (4), or (5) of this rule if it affects a

50-18    sufficient number of localities, counties, or municipalities so as

50-19    to be of general application or of statewide importance.  [A local

50-20    bill is defined for the purposes of this article as an Act the

50-21    provisions of which relate to or affect directly a defined

50-22    locality, district, or section of the state and which do not

50-23    include or require any appropriation out of state funds, which do

50-24    not affect any state policies, and which do not affect directly the

50-25    state at large and the operation of which is confined solely to a

 51-1    particular locality, district, or section of the state.]

 51-2                      INTRODUCTION AND CONSIDERATION

 51-3                              OF LOCAL BILLS

 51-4          Rule 9.02.  The constitutional procedure with reference to

 51-5    the introduction, reference to a committee, and the consideration

 51-6    of bills set forth in Article III, Section 5, of the Texas

 51-7    Constitution, shall not apply to local bills herein defined, and

 51-8    the same may be introduced, referred, reported, and acted upon at

 51-9    any time under the general rules and order of business of the

51-10    Senate.

51-11                      LOCAL AND UNCONTESTED CALENDAR

51-12          Rule 9.03.  (a)  At times designated by the Senate, the

51-13    Senate shall meet in session to consider local and uncontested

51-14    bills and resolutions listed on a calendar certified by the

51-15    Administration Committee.

51-16          (b)  The calendar must be furnished to each member [placed on

51-17    the desks of the members] of the Senate no later than noon of the

51-18    day preceding the session at which the legislation on the calendar

51-19    is to be considered.

51-20          (c)  A bill or resolution may not be considered if any two or

51-21    more members of the Senate object in writing before the bill or

51-22    resolution is laid out for passage on the local calendar or if an

51-23    amendment is offered other than from the committee reporting the

51-24    bill or resolution [a standing committee amendment is offered].

51-25          (d)  The bills and resolutions shall be considered on second

 52-1    and/or third reading in the order in which they are listed on the

 52-2    calendar, and no motion to suspend the regular order of business is

 52-3    required.

 52-4                   REFERRAL TO ADMINISTRATION COMMITTEE

 52-5          Rule 9.04.  (a)  All local and uncontested bills and

 52-6    resolutions shall be referred to the Administration Committee for

 52-7    consideration on the Local and Uncontested Calendar.

 52-8          (b)  [Senate] Rule 11.10, Quorum of Committee, shall not

 52-9    apply to the Administration Committee when it is meeting for the

52-10    specific and limited purpose of preparing and certifying the local

52-11    calendar.

52-12          (c)  The chair of the Administration Committee may appoint a

52-13    subcommittee consisting of not less than three members to prepare

52-14    and certify the Local and Uncontested Calendar.

52-15          (d)  The Administration Committee may set a time after which

52-16    application for placement on the Local and Uncontested Calendar may

52-17    not be accepted.

52-18                    BILLS AND RESOLUTIONS NOT QUALIFIED

52-19                      FOR CONSIDERATION ON THE LOCAL

52-20                         AND UNCONTESTED CALENDAR

52-21          Rule 9.05.  The Administration Committee may not consider a

52-22    bill or resolution for placement on the Local and Uncontested

52-23    Calendar unless:

52-24                (1)  the sponsor of the bill or resolution applies for

52-25    placement on the Local and Uncontested Calendar and submits

 53-1    sufficient [14] copies of the bill or resolution as determined by

 53-2    the Administration Committee [to the committee]; and

 53-3                (2)  the chair of the [standing] committee from which

 53-4    the bill or resolution was reported submits a written request for

 53-5    the placement on the Local and Uncontested Calendar.

 53-6                   BILLS AND RESOLUTIONS PROHIBITED FROM

 53-7              PLACEMENT ON THE LOCAL AND UNCONTESTED CALENDAR

 53-8          Rule 9.06.  The Administration Committee may not place a bill

 53-9    or resolution on the Local and Uncontested Calendar if it:

53-10                (1)  creates a new department or subdivision of a

53-11    department unless the bill or resolution is purely local in nature

53-12    and does not require the expenditure of state funds; or

53-13                (2)  contains an appropriation; or

53-14                (3)  is contested.  [(Former Rule 14.1(c))]

53-15                    SUSPENSION OF LOCAL CALENDAR RULES

53-16          Rule 9.07.  No provision of the Local Calendar Rules may be

53-17    suspended except by the unanimous consent of the members present.

53-18                                 ARTICLE X

53-19                      AMENDMENTS TO THE CONSTITUTION

53-20            JOINT RESOLUTIONS SUBJECT TO RULES GOVERNING BILLS

53-21          Rule 10.01.  Joint resolutions proposing amendments to the

53-22    Constitution shall be subject to rules that govern the proceedings

53-23    on bills.  They shall, in all cases, be read on three several days.

53-24               VOTES REQUIRED TO AMEND ON THIRD READING AND

53-25                     TO PASS CONSTITUTIONAL AMENDMENTS

 54-1          Rule 10.02.  Amendments on third reading to joint resolutions

 54-2    proposing constitutional amendments shall require an affirmative

 54-3    vote of two-thirds of the members present.  Final passage shall

 54-4    require a vote of two-thirds of the members elected to the Senate.

 54-5    (Constitution, Article XVII, Section 1)

 54-6                 FAILURE OF JOINT RESOLUTION TO BE ADOPTED

 54-7                             ON THIRD READING

 54-8          Rule 10.03.  When a joint resolution has failed adoption on

 54-9    third reading, it shall not be considered again during that

54-10    session.

54-11                                ARTICLE XI

54-12                                COMMITTEES

54-13                         APPOINTMENT OF COMMITTEES

54-14          Rule 11.01.  All committees and standing subcommittees shall

54-15    be appointed by the President of the Senate, unless otherwise

54-16    directed by the Senate.

54-17                  LIST OF SPECIAL AND STANDING COMMITTEES

54-18          Rule 11.02.  At the beginning of each regular session, the

54-19    President shall appoint the following special committees and

54-20    standing committees with the number of members indicated:

54-21                            SPECIAL COMMITTEES

54-22                (1)  General Investigating Committee [on

54-23    Administration] (5 [7] members)

54-24                (2)  Committee on Veteran Affairs and Military

54-25    Installations [Nominations] (5 [7] members)

 55-1                            STANDING COMMITTEES

 55-2                (1)  Committee on Administration [Criminal Justice] (7

 55-3    members)

 55-4                (2)  Committee on Criminal Justice [Economic

 55-5    Development] (7 [11] members)

 55-6                (3)  Committee on Economic Development [Education] (11

 55-7    members)

 55-8                (4)  Committee on Education [Finance] (11 [13] members)

 55-9                (5)  Committee on Finance [Health and Human Services]

55-10    (13 [9] members)

55-11                (6)  Committee on Health and Human Services

55-12    [Intergovernmental Relations] (11 members)

55-13                (7)  Committee on Intergovernmental Relations

55-14    [Jurisprudence] (11 [7] members)

55-15                (8)  Committee on International Relations, Trade, and

55-16    Technology [Natural Resources] (9 [11] members)

55-17                (9)  Committee on Jurisprudence [State Affairs] (7 [13]

55-18    members)

55-19                (10)  Committee on Natural Resources [International

55-20    Relations, Trade, and Technology] (11 [9] members)

55-21                (11)  Committee on Nominations (7 members)

55-22                (12)  Committee on State Affairs (13 members)

55-23                         OTHER SPECIAL COMMITTEES

55-24          Rule 11.03.  (a)  The President may appoint additional

55-25    special committees and may appoint standing subcommittees within

 56-1    committees including subcommittees of the Committee of the Whole

 56-2    Senate.  The number of members of these committees and

 56-3    subcommittees shall be determined by the President.

 56-4          (b)  The President may direct that a subcommittee of the

 56-5    Whole Senate appointed under this rule report directly to the

 56-6    Senate concerning any matter within its jurisdiction.

 56-7                     CHAIR AND VICE-CHAIR OF STANDING

 56-8                   COMMITTEES AND STANDING SUBCOMMITTEES

 56-9          Rule 11.04.  The President shall designate the chair and

56-10    vice-chair of each standing committee and of each standing

56-11    subcommittee appointed by the President.

56-12                  LIMITATIONS ON MEMBERSHIP OF COMMITTEES

56-13          Rule 11.05.  A Senator's appointment to any committee or

56-14    subcommittee, standing, special, select, statutory, or otherwise,

56-15    is terminated if the Senator is not renominated to the Senate.

56-16                    APPOINTMENT OF SUBCOMMITTEES WITHIN

56-17                           A STANDING COMMITTEE

56-18          Rule 11.06.  The chair of a standing committee may appoint

56-19    subcommittees within a standing committee as the chair deems

56-20    necessary to accomplish the work of the committee.

56-21                       RECOMMENDATIONS OF COMMITTEES

56-22          Rule 11.07.  All reports of standing committees shall be

56-23    advisory only, except that a recommendation in a report that a bill

56-24    which is a local bill be not printed shall be effective as an order

56-25    of the Senate that the bill be not printed.  A recommendation in a

 57-1    report that a bill which is a general bill be not printed shall be

 57-2    advisory only, and the bill shall nevertheless be printed unless

 57-3    the Senate on the same day or the next legislative day orders the

 57-4    bill not printed, as provided in Rule 7.12.

 57-5                   RULES GOVERNING COMMITTEE PROCEDURES

 57-6          Rule 11.08.  (a)  At its initial meeting each committee and

 57-7    subcommittee shall adopt permanent rules governing its procedures.

 57-8          (b)  Where applicable the rules of the Senate apply to

 57-9    committee proceedings, and a Senate rule prevails over a

57-10    conflicting committee rule.

57-11          (c)  Committee rules must include but are not limited to

57-12    provisions governing written records of attendance, lack of a

57-13    quorum, records of meetings, bill referral, bill setting, order of

57-14    hearing bills, public hearings, subcommittee reports, minority

57-15    reports, time limits on debate, and provisions for news coverage.

57-16                      RECORD OF COMMITTEE ATTENDANCE

57-17          Rule 11.09.  At all meetings of the Senate committees, the

57-18    chair shall call the roll of the members and cause to be made a

57-19    record of those present and the absentees, together with the

57-20    excuses, if any, of such absentees.

57-21                            QUORUM OF COMMITTEE

57-22          Rule 11.10.  A majority of any committee shall constitute a

57-23    quorum, and no action shall be taken upon any bill in the absence

57-24    of a quorum.  At any stated meeting of the committee, if a roll

57-25    call discloses lack of a quorum, the members present may order the

 58-1    names of the unexcused absentees turned over to the

 58-2    Sergeant-at-Arms of the Senate whose duty it shall be to secure

 58-3    promptly the attendance of such absent members.  The

 58-4    Sergeant-at-Arms shall have the same authority conferred on him or

 58-5    her under the rules of the Senate as when the Senate is operating

 58-6    under a call.

 58-7                    PUBLIC NOTICE OF COMMITTEE MEETINGS

 58-8          Rule 11.11.  (a)  No committee or subcommittee, except a

 58-9    conference committee, shall meet without at least 24 hours public

58-10    notice.

58-11          (b)  Each committee and subcommittee shall meet regularly at

58-12    an established time and place and shall give public notice at least

58-13    24 hours in advance for special meetings.

58-14          (c)  The chair of each committee and subcommittee shall

58-15    notify the Secretary of the Senate immediately after the time and

58-16    place for a committee meeting has been fixed or a meeting has been

58-17    cancelled.  The Secretary shall post notice of the time and place

58-18    of the meeting on a bulletin board located outside the Secretary of

58-19    the Senate's office.

58-20                       MINUTES OF COMMITTEE MEETINGS

58-21          Rule 11.12.  (a)  The chair of each committee and

58-22    subcommittee shall keep or cause to be kept under the chair's

58-23    direction an accurate record of the proceedings of his or her

58-24    committee, and the same shall be open for inspection to any member

58-25    of the Legislature and to the public.  Each committee meeting shall

 59-1    be recorded on magnetic tape.

 59-2          (b)  Each standing committee and subcommittee shall employ a

 59-3    committee clerk and, as determined by the Administration Committee,

 59-4    other staff necessary to coordinate and record the activities of

 59-5    the committee.  Such committee clerks, staff, or any employee shall

 59-6    in no way be related to any member of the current Texas Legislature

 59-7    or be related to the person with the power of appointment for that

 59-8    position.

 59-9          (c)  It shall be the duty of the committee clerk, with the

59-10    assistance of other committee staff members, to keep a permanent,

59-11    accurate written record of committee proceedings and to transcribe

59-12    the magnetic tape recordings of committee hearings as ordered by

59-13    the committee or subcommittee.  It shall be the responsibility of

59-14    the committee clerk to see that one copy of the transcript of

59-15    proceedings and one copy of the permanent record be kept in the

59-16    committee files, one copy of each be given to the Secretary of the

59-17    Senate, and three copies of each be placed in the Legislative

59-18    Reference Library.  Such records shall be a matter of public

59-19    record.

59-20          (d)  A copy of the record or minutes of each committee

59-21    meeting must be filed with the Secretary of the Senate not later

59-22    than seven days after the day on which the meeting was held.

59-23                             COMMITTEE REPORTS

59-24          Rule 11.13.  (a)  The chair of a committee shall sign and

59-25    file with the Secretary of the Senate a written report showing the

 60-1    committee's final action on bills and resolutions considered by the

 60-2    committee.  In the chair's absence the vice-chair shall sign and

 60-3    file the report.

 60-4          (b)  The report must be filed with the Secretary of the

 60-5    Senate within three calendar days after the final action is taken,

 60-6    Sundays and days the Senate is not in session excluded.  If the

 60-7    report is not filed within the three-day limit, three members of

 60-8    the committee who were present when the final action was taken may

 60-9    file the report without the signature of the chair or vice-chair.

60-10          (c)  The Secretary of the Senate shall note [on the committee

60-11    report] the date and time the report was filed and forward the

60-12    report to be printed in compliance with Rule 7.12.

60-13          (d)  The committee report and the official committee minutes

60-14    are sufficient to determine whether the committee report accurately

60-15    reflects the action of the committee.  The president may consider

60-16    any other documents or information deemed necessary to the

60-17    determination.

60-18                   CONSIDERATION OF BILLS IN COMMITTEES

60-19          Rule 11.14.  Subject to Rule 7.24 and 7.25, it [It] shall be

60-20    in order for committees to consider bills and resolutions at any

60-21    time during the session, make reports thereon, and file the same

60-22    with the Senate; provided, however, that no Senate committee or

60-23    conference committee may meet while the Senate is meeting, except

60-24    by unanimous consent of the members present.

60-25                       CONSIDERATION OF HOUSE BILLS

 61-1          Rule 11.15.  (a)  The Senate sponsor of a House measure shall

 61-2    be determined by the chair of the committee, in consultation with

 61-3    the House author of the measure.

 61-4          (b)  It shall be the duty of each committee of the Senate

 61-5    when there has been referred to it or is before it for

 61-6    consideration a Senate bill and a House bill containing the same

 61-7    subject to consider first and report upon the House bill.

 61-8                      VOTES OF COMMITTEE REQUIRED TO

 61-9                             REPORT FAVORABLY

61-10          Rule 11.16.  No bill or resolution shall be reported

61-11    favorably unless it has received the affirmative vote of a majority

61-12    of the membership of the committee to which it was referred, except

61-13    as provided in Rule 11.18.

61-14                       UNFAVORABLE VOTE OF COMMITTEE

61-15          Rule 11.17.  When a motion to report a bill or resolution

61-16    unfavorably receives the affirmative vote of a majority of the

61-17    members of the committee to which it was referred, except as

61-18    provided in Rule 11.18, the bill or resolution is dead.

61-19                             MINORITY REPORTS

61-20          Rule 11.18.  (a)  If a motion to report a bill or resolution

61-21    unfavorably receives an affirmative vote of a majority of the

61-22    members of a committee, a favorable minority report may be made.

61-23    The minority report must be signed by three members of the

61-24    committee if the committee is composed of less than 11 members or

61-25    four members if the committee has 11 or more members.  The members

 62-1    signing the report must have been present and voted against the

 62-2    motion to report unfavorably.

 62-3          (b)  The minority report must be filed with the Secretary of

 62-4    the Senate within two calendar days after the vote was taken,

 62-5    Sundays and days the Senate is not in session excluded.

 62-6          (c)  The sponsor of a bill or resolution for which a minority

 62-7    report is filed or a member signing the minority report must move

 62-8    to have the bill or resolution placed on the calendar within 10

 62-9    calendar days after the date on which the committee's vote was

62-10    taken.  An affirmative vote of two-thirds of the members present is

62-11    required for the motion to carry.  If the motion fails or is not

62-12    made within the time allowed, the bill or resolution is dead and

62-13    may not be considered again during the session.

62-14                              PUBLIC HEARINGS

62-15          Rule 11.19.  (a)  No bill may be reported to the Senate

62-16    before it has been the subject of an open public hearing before a

62-17    committee or subcommittee.  Notice of the hearing on the bill must

62-18    be posted in a public place at least 24 hours before the hearing is

62-19    to begin.  The chair shall afford reasonable opportunity to

62-20    interested parties to appear and testify at the hearing.

62-21          (b)  The chair shall require all parties appearing at the

62-22    hearing to swear or affirm that the testimony they give to the

62-23    committee or subcommittee is true and correct.

62-24          (c)  Any Senator, including one who is not a member of the

62-25    committee, may question a witness at a hearing.  This right shall

 63-1    not be construed to abridge the chair's right to provide others an

 63-2    opportunity to be heard or to entitle any Senator more rights than

 63-3    those afforded a member of the committee.

 63-4          (d)  When possible a person registered as a lobbyist and

 63-5    representing a client's interest at a public hearing shall submit a

 63-6    written statement of his or her presentation to the committee clerk

 63-7    for inclusion in the permanent record of the meeting.

 63-8          (e)  By majority vote a committee may fix the order of

 63-9    appearance and time allotted for each witness at a public hearing.

63-10              PRIVILEGED NOTICE OF HEARING ON SPECIFIC BILLS

63-11                                (TAG RULE)

63-12          Rule 11.20.  (a)  Except as provided in Subsection (d) of

63-13    this rule, upon the presentation of a written request to the

63-14    Secretary of the Senate on a form provided by the Secretary, a

63-15    Senator shall receive at least 48 hours advance written notice of

63-16    the time and place set for a public hearing on a specific bill or

63-17    resolution which has been referred to a Senate committee.

63-18          (b)  If the bill or resolution is on the agenda of a

63-19    committee and the committee meeting has already begun to consider

63-20    matters on the agenda, the request shall be presented to the chair

63-21    of the committee rather than the Secretary of the Senate, and the

63-22    chair shall note the time of the receipt of the request on the

63-23    request form and immediately deliver the form to the Secretary.

63-24    After receipt of the request by the chair, the bill shall not be

63-25    laid before the committee until notice is delivered to the Senator

 64-1    in accordance with this rule.

 64-2          (c)  If requests are filed simultaneously by more than one

 64-3    Senator, each Senator is entitled to advance notice in compliance

 64-4    with this rule.

 64-5          (d)  A Senator is not entitled to advance notice of the time

 64-6    and place set for a public hearing on a bill or resolution if:

 64-7                (1)  the time and place for a hearing on the bill has

 64-8    been publicly posted for a period of 72 hours and the Senate has

 64-9    been in session at any time during the first 24 hours of the

64-10    72-hour period;

64-11                (2)  at the request of the chair of the committee or

64-12    subcommittee to which the bill is referred, the Secretary of the

64-13    Senate notifies each Senator in writing of the time and place for

64-14    the hearing on the bill at least 48 hours before the hearing

64-15    begins;

64-16                (3)  the bill has been laid before a committee or

64-17    subcommittee for consideration in a public hearing at which an

64-18    opportunity to appear and address the subject matter of the bill or

64-19    resolution was or is afforded to interested parties; or

64-20                (4)  another Senator has previously presented a similar

64-21    request to the Secretary or the chair and the bill or resolution

64-22    has been set for public hearing in compliance with that request.

64-23          (e)  Upon receipt of written request for advance notice of a

64-24    hearing, the Secretary of the Senate shall:

64-25                (1)  immediately inform the chair or in the absence of

 65-1    the chair the vice-chair of the request;

 65-2                (2)  note the time and date of receipt on the request

 65-3    and file a copy of the request for public inspection;

 65-4                (3)  attach a copy of the request to the bill or

 65-5    resolution to which it applies.

 65-6          (f)  The chair of the committee, upon posting a bill or

 65-7    resolution for public hearing in compliance with a request under

 65-8    this rule, shall give written notice to the Secretary of the Senate

 65-9    and the Senator requesting notice of the time and place fixed for

65-10    the hearing on the bill or resolution.

65-11          (g)  Notice delivered to the office of the Senator requesting

65-12    48 hours advance notice shall constitute official notice to that

65-13    Senator:

65-14                (1)  if that notice is delivered by the office of the

65-15    Secretary of the Senate between the hours of 8:00 a.m. and 5:00

65-16    p.m. during days in which the Senate is convened; or

65-17                (2)  if delivery of the notice to the Senator's office

65-18    is acknowledged in writing by the Senator or by a member of his or

65-19    her staff at the time of delivery as to date and hour.

65-20          (h)  If a Senator withdraws a request for advance notice of a

65-21    hearing on a bill or resolution, a subsequently filed request by

65-22    another Senator shall be honored unless a hearing on the bill has

65-23    already been posted in response to the first request.

65-24          (i)  The President of the Senate shall ascertain the facts

65-25    concerning the giving of a notice of a committee hearing on a bill,

 66-1    and the President's ruling as to the sufficiency of the notice

 66-2    based on the facts as ascertained by the President is the final

 66-3    determination of that point when no appeal from the ruling is made.

 66-4          (j)  If the provisions for requesting 48 hours advance notice

 66-5    before hearing of a Senate bill have been properly fulfilled and a

 66-6    House bill containing the same subject is before the committee, the

 66-7    House bill is considered to require the same 48 hours notice before

 66-8    hearing.

 66-9                           SUBPOENA AND PROCESS

66-10          Rule 11.21.  (a)  By a record vote of not less than

66-11    two-thirds of its members, a standing committee of the Senate may

66-12    issue process to compel the attendance of a witness or to compel a

66-13    person, agency, or corporation to produce any book, record,

66-14    document, or other evidence in his, her, or its possession and

66-15    control before a proceeding of the committee.  The committee chair

66-16    shall issue the subpoena or other process authorized by this rule

66-17    in the name of the committee, and the subpoena must contain the

66-18    following information:

66-19                (1)  a statement of the reason the committee is

66-20    requesting the appearance of a person or the reason the committee

66-21    is requesting the production of documents;

66-22                (2)  the name, address, and title or position of the

66-23    person requested to appear;

66-24                (3)  the specific document or documents being

66-25    requested; and

 67-1                (4)  the specific time and place that the person is to

 67-2    appear or the specific place and time the documents are to be

 67-3    produced.

 67-4          (b)  Except as provided by this rule, the provisions of

 67-5    Sections 301.024, 301.025, 301.026, and 301.027, [Title 3, Texas]

 67-6    Government Code, apply to a subpoena or other process issued under

 67-7    this rule.

 67-8                                ARTICLE XII

 67-9                           CONFERENCE COMMITTEES

67-10                   APPOINTMENT OF CONFERENCE COMMITTEES

67-11          Rule 12.01.  All conference committees of the Senate shall be

67-12    selected and appointed by the President or the President Pro

67-13    Tempore when the latter shall be presiding.  The member authoring

67-14    or sponsoring the bill for which the conference committee is

67-15    selected shall be appointed chair of the Senate conferees.  At

67-16    least two of the Senate conferees must be from a standing committee

67-17    which heard the bill.

67-18                   INSTRUCTIONS TO CONFERENCE COMMITTEES

67-19          Rule 12.02.  Immediately after the Senate decides that any

67-20    matter shall be submitted to a conference committee, the presiding

67-21    officer shall state "Are there any motions to instruct the

67-22    conference committee before appointment?"  The presiding officer

67-23    shall thereupon recognize members to make such motions to instruct

67-24    and the Senate shall proceed to consider all such motions until

67-25    disposed of or limited under the provisions of Rule 6.09.

 68-1                LIMITATIONS ON CONFERENCE COMMITTEE ACTIONS

 68-2          Rule 12.03.  Except as otherwise provided in this article,

 68-3    conference committees shall limit their discussions and their

 68-4    actions solely to the matters in disagreement between the two

 68-5    Houses.  A conference committee shall have no authority with

 68-6    respect to any bill or resolution to:

 68-7                (1)  change, alter, or amend text which is not in

 68-8    disagreement;

 68-9                (2)  omit text which is not in disagreement;

68-10                (3)  add text on any matter which is not in

68-11    disagreement;

68-12                (4)  add text on any matter which is not included in

68-13    either the House or Senate version of the bill or resolution.

68-14          This rule shall be strictly construed by the presiding

68-15    officer in each House to achieve the purposes hereof.

68-16               CONFERENCE COMMITTEES ON APPROPRIATION BILLS

68-17          Rule 12.04.  Conference committees on appropriation bills,

68-18    like other conference committees, shall limit their discussions and

68-19    their actions solely to the matters in disagreement between the two

68-20    Houses.  In addition to the limitations contained elsewhere in

68-21    these rules, a conference committee on appropriation bills shall be

68-22    strictly limited in its authority as follows:

68-23                (1)  If an item of appropriation appears in both House

68-24    and Senate versions of the bill, such items must be included in the

68-25    conference report.

 69-1                (2)  If an item of appropriation appears in both House

 69-2    and Senate versions of the bill and in identical amounts, no change

 69-3    can be made in such item or the amount thereof.

 69-4                (3)  If an item of appropriation appears in both House

 69-5    and Senate versions of the bill but in different amounts, no change

 69-6    can be made in the item, but the amount thereof shall be at the

 69-7    discretion of the conference committee, provided that such amount

 69-8    shall not exceed the larger version and shall not be less than the

 69-9    smaller version.

69-10                (4)  If an item of appropriation appears in one version

69-11    of the bill and not in the other, such item can be included or

69-12    omitted at the discretion of the conference committee.  If the item

69-13    is included, the amount thereof shall not exceed the sum specified

69-14    in the version containing such item.

69-15                (5)  If an item of appropriation appears in neither the

69-16    House nor the Senate version of the bill, such item must not be

69-17    included in the conference report.  However, the conference

69-18    committee report may include appropriations for purposes or

69-19    programs authorized by bills that have been passed and sent to the

69-20    Governor and may include contingent appropriations for purposes or

69-21    programs authorized by bills that have been passed by at least one

69-22    House.

69-23          This rule shall be strictly construed by the presiding

69-24    officer in each House to achieve the purposes hereof.

69-25                    CONFERENCE COMMITTEES ON TAX BILLS

 70-1          Rule 12.05.  Conference committees on tax bills, like other

 70-2    conference committees, shall limit their discussions and their

 70-3    actions solely to the matters in disagreement between the two

 70-4    Houses.  In addition to the limitations contained elsewhere in

 70-5    these rules, a conference committee on a tax bill shall be strictly

 70-6    limited in its authority as follows:

 70-7                (1)  If a tax item appears in both House and Senate

 70-8    versions of the bill, such item must be included in the conference

 70-9    report.

70-10                (2)  If a tax item appears in both House and Senate

70-11    versions of the bill and in identical form and with identical

70-12    rates, no change can be made in such item or the rate therein

70-13    provided.

70-14                (3)  If a tax item appears in both House and Senate

70-15    versions of the bill but at differing rates, no change can be made

70-16    in the item, but the rate thereof shall be determined at the

70-17    discretion of the conference committee, provided that such rate

70-18    shall not exceed the higher version and shall not be less than the

70-19    lower version.

70-20                (4)  If a tax item appears in one version of the bill

70-21    and not in the other, such item can be included or omitted at the

70-22    discretion of the conference committee.  If the item is included,

70-23    the rate thereof shall not exceed the rate specified in the version

70-24    containing such item.

70-25                (5)  If a tax item appears in neither the House nor the

 71-1    Senate version of the bill, such item must not be included in the

 71-2    conference report.

 71-3          This rule shall be strictly construed by the presiding

 71-4    officer in each House to achieve the purposes hereof.

 71-5                         CONFERENCE COMMITTEES ON

 71-6                           REAPPORTIONMENT BILLS

 71-7          Rule 12.06.  Conference committees on reapportionment bills,

 71-8    to the extent possible, shall limit their discussions and their

 71-9    actions to the matters in disagreement between the two Houses.

71-10    Since the adjustment of one district in a reapportionment bill will

71-11    inevitably affect other districts therein, the strict rule of

71-12    construction imposed on other conference committees must be relaxed

71-13    somewhat when reapportionment bills are involved.  Accordingly, the

71-14    following authority and limitations shall apply only to conference

71-15    committees on reapportionment bills:

71-16                (1)  If the matters in disagreement affect only certain

71-17    districts and the other districts are identical in both House and

71-18    Senate versions of the bill, the conference committee shall make

71-19    adjustments only in those districts whose rearrangement is

71-20    essential to the effective resolving of the matters in

71-21    disagreement.  All other districts shall remain unchanged.

71-22                (2)  If the matters in disagreement permeate the entire

71-23    bill and affect most, if not all, of the districts therein, the

71-24    conference committee shall have wide discretion in rearranging the

71-25    districts to the extent necessary to resolve all differences

 72-1    between the two Houses.

 72-2                (3)  Insofar as the actual structure of the districts

 72-3    is concerned and only to that extent, the provisions of [Senate]

 72-4    Rule 12.03 shall not apply to conference committees on

 72-5    reapportionment bills.

 72-6                         CONFERENCE COMMITTEES ON

 72-7                           RECODIFICATION BILLS

 72-8          Rule 12.07.  Conference committees on recodification bills,

 72-9    like other conference committees, shall limit their discussions and

72-10    their actions solely to the matters in disagreement between the two

72-11    Houses.  The comprehensive and complicated nature of recodification

72-12    bills makes necessary the relaxing of the strict rule of

72-13    construction imposed on other conference committees only to the

72-14    following extent:

72-15                (1)  If it develops in conference committee that

72-16    material has been inadvertently included in both House and Senate

72-17    versions which properly has no place in such recodification, such

72-18    material may be omitted from the conference report, if by such

72-19    omission the existing statute thereon is not repealed, altered, or

72-20    amended.

72-21                (2)  If it develops in conference committee that

72-22    material has been inadvertently omitted from both the House and

72-23    Senate versions which properly should be included if such

72-24    recodification is to achieve its purposes of being all-inclusive of

72-25    the statutes being recodified, such material may be added to the

 73-1    conference report, if by such addition the existing statute is

 73-2    merely restated without substantive change in existing law.

 73-3                         SUSPENSION OF CONFERENCE

 73-4                              COMMITTEE RULES

 73-5          Rule 12.08.  Limitations imposed on certain conference

 73-6    committees by the provisions of [Senate] Rules 12.03, 12.04, 12.05,

 73-7    12.06, and 12.07 may be suspended, in part, by permission of the

 73-8    Senate to enable consideration of and action on a specific matter

 73-9    or matters which otherwise would be in violation thereof.  Such

73-10    permission shall be granted only by resolution passed by majority

73-11    vote of the Senate, with yeas and nays thereon to be recorded in

73-12    the journal of the Senate.  Such resolution shall specify in

73-13    detail:  (1) the exact nature of the matter or matters proposed to

73-14    be considered; (2) the specific limitation or limitations to be

73-15    suspended thereby; (3) the specific action contemplated by the

73-16    conference committee thereon; and (4) the reasons why suspension of

73-17    such limitations is being requested.  In the application of this

73-18    rule to appropriations bills, the resolution shall include a

73-19    general statement outlining a proposed salary plan but need not

73-20    include changes in amounts resulting from the salary plan and

73-21    differences in language which do not affect the substance of the

73-22    bill.  Permission thus granted shall suspend such limitations only

73-23    for the matter or matters clearly specified in the resolution, and

73-24    action of the conference committee shall be in conformity

73-25    therewith.

 74-1                     PRINTING AND NOTICE OF CONFERENCE

 74-2                             COMMITTEE REPORTS

 74-3          Rule 12.09.  (a)  [All conference committee reports on bills

 74-4    other than the general appropriations bill and tax,

 74-5    reapportionment, and recodification bills must be reproduced and a

 74-6    copy thereof furnished to each member at least 24 hours before any

 74-7    action thereon can be taken; provided, however, that the 24-hour

 74-8    delay shall not apply during the last 48 hours of any session.]

 74-9          [(b)]  All conference committee reports on the general

74-10    appropriations bill, tax bills, and reapportionment bills[, and

74-11    recodification bills] must be reproduced and a copy thereof

74-12    furnished to each member at least 48 hours before any action

74-13    thereon [can be taken], if convened in regular session, and 24

74-14    hours, if convened in called session.

74-15          (b)  All conference committee reports on other bills must be

74-16    reproduced and a copy thereof furnished to each member at least 48

74-17    hours before any action thereon prior to the last 72 hours of a

74-18    regular session, and 24 hours before any action thereon during a

74-19    called session or the last 72 hours of a regular session.

74-20                        SECTION-BY-SECTION ANALYSIS

74-21          Rule 12.10.  Each conference committee report, regardless of

74-22    its subject matter, must have attached thereto a section-by-section

74-23    analysis showing the disagreements which have been resolved by the

74-24    conference committee.  This analysis must show for each and every

74-25    disagreement in parallel columns:  (1) the substance of the House

 75-1    version; (2) the substance of the Senate version; and (3) the

 75-2    substance of the recommendation by the conference committee.  No

 75-3    action shall be taken on any conference committee report in the

 75-4    absence of such analysis, except by an affirmative vote of

 75-5    two-thirds of the members present, with the yeas and nays thereon

 75-6    to be recorded in the journal.

 75-7                         ENFORCEMENT BY PRESIDENT

 75-8          Rule 12.11.  The President of the Senate shall rule out of

 75-9    order any conference committee report which is in violation of any

75-10    of the provisions and limitations contained in these rules.

75-11                               ARTICLE XIII

75-12                       COMMITTEE OF THE WHOLE SENATE

75-13                       RESOLVE INTO COMMITTEE OF THE

75-14                               WHOLE SENATE

75-15          Rule 13.01.  It shall be in order for the Senate at any time

75-16    after bills and resolutions have been called to resolve itself into

75-17    a Committee of the Whole Senate.

75-18                         CHAIR OF COMMITTEE OF THE

75-19                               WHOLE SENATE

75-20          Rule 13.02.  In forming a Committee of the Whole Senate, the

75-21    President shall leave the chair and shall appoint a chair to

75-22    preside in committee.

75-23                      RIGHT OF LIEUTENANT GOVERNOR TO

75-24             DEBATE AND VOTE IN COMMITTEE OF THE WHOLE SENATE

75-25          Rule 13.03.  When in Committee of the Whole Senate, the

 76-1    President shall have the right to debate and vote on all questions.

 76-2    (Constitution, Article IV, Section 16)

 76-3                       PROCEDURE IN COMMITTEE OF THE

 76-4                               WHOLE SENATE

 76-5          Rule 13.04.  The rules of the Senate, as far as applicable,

 76-6    shall be observed in Committee of the Whole Senate.

 76-7                           DEBATE AND AMENDMENTS

 76-8          Rule 13.05.  Upon a matter being referred to a Committee of

 76-9    the Whole Senate or a subcommittee of a Committee of the Whole

76-10    Senate, the matter shall be read and debated by clauses, leaving

76-11    the preamble, if any, to be last considered.  The body of the bill

76-12    shall not be defaced or interlined, but all amendments, noting the

76-13    page or line, shall be duly entered by the Secretary of the Senate

76-14    or the clerk of the subcommittee on a separate sheet of paper as

76-15    the same shall be agreed to by the committee and so reported to the

76-16    Senate.  After the report, the bill shall again be subject to be

76-17    debated and amended or committed before a question to engross it be

76-18    taken.

76-19                                ARTICLE XIV

76-20                        NOMINATIONS BY THE GOVERNOR

76-21                           REFERRAL TO COMMITTEE

76-22          Rule 14.01.  When nominations shall be sent to the Senate by

76-23    the Governor, a future day shall be assigned for action thereon,

76-24    unless the Senate unanimously directs otherwise.  They shall be

76-25    referred directly to either the Committee on Nominations or the

 77-1    standing committee with jurisdiction over the subject matter

 77-2    involved, which shall hold hearings and report its actions directly

 77-3    back to the Senate.

 77-4                                NOTICE RULE

 77-5          Rule 14.02.  Nominations, having been reported out of the

 77-6    Nominations Committee or other appropriately designated standing

 77-7    committee, shall not be acted upon unless the names of the nominees

 77-8    or individual nominee shall have been printed and a copy thereof

 77-9    furnished to each member [laid on the members' desks] 24 hours

77-10    beforehand.

77-11                      EXECUTIVE SESSION OF COMMITTEE

77-12          Rule 14.03.  Hearings on nominations by the proper committee

77-13    shall be open meetings, unless an executive session is ordered by a

77-14    majority vote of the membership of that committee.

77-15                           REPORT TO GOVERNOR BY

77-16                            SECRETARY OF SENATE

77-17          Rule 14.04.  All nominations approved or definitely acted on

77-18    by the Senate shall be returned to the Governor by the Secretary of

77-19    the Senate from day to day, as such proceedings may occur.

77-20                                ARTICLE XV

77-21                            EXECUTIVE SESSIONS

77-22                       SECRECY OF EXECUTIVE SESSION

77-23          Rule 15.01.  When the Senate is in executive session, the

77-24    Senate Chamber and gallery shall be cleared of all persons except

77-25    the Secretary of the Senate and the Sergeant-at-Arms who shall keep

 78-1    secret proceedings of such session until the injunction of secrecy

 78-2    is removed by unanimous vote of the Senate.

 78-3                           VOTE IN OPEN SESSION

 78-4          Rule 15.02.  Consideration of all information and remarks

 78-5    touching the character and qualifications of nominees for

 78-6    confirmation by the Senate shall be in open session unless an

 78-7    executive session is ordered by a proper motion adopted by a

 78-8    majority vote of the membership of the Senate.  Members of the

 78-9    Senate shall vote to confirm or not to confirm in open session of

78-10    the Senate, and the votes to confirm and not to confirm shall be

78-11    entered in the journal of the Senate.

78-12                      SENATOR CAN DISCLOSE OWN VIEWS

78-13          Rule 15.03.  No member of the Senate shall be prohibited from

78-14    revealing the member's own view on any matter or the member's vote

78-15    on any matter pending or having been decided by the Senate.

78-16                           VIOLATION OF SECRECY

78-17          Rule 15.04.  Any officer or member convicted of violating any

78-18    provision of either Rule 15.01 or 15.02 shall be liable, if an

78-19    officer, to dismissal from the service of the Senate and, if a

78-20    member, to expulsion.

78-21                      REPORT OF EXECUTIVE SESSION TO

78-22                        BE RECORDED IN SENATE BOOK

78-23          Rule 15.05.  The proceedings of the Senate, when in executive

78-24    session, shall be kept in a separate book.  The proceedings of the

78-25    Senate, when in open session acting upon nominations made by the

 79-1    Governor, shall be entered in the journal of the Senate.

 79-2                                ARTICLE XVI

 79-3                      VOTES REQUIRED TO ADOPT MOTIONS

 79-4                                DEFINITIONS

 79-5          Rule 16.01.  The terms "unanimous consent," "four-fifths of

 79-6    the members of the Senate," "four-fifths of the members present,"

 79-7    "two-thirds of the members of the Senate," "two-thirds of the

 79-8    members present," "a majority of the members of the Senate," and "a

 79-9    majority of the members present" are defined as follows:

79-10                (1)  "Unanimous consent" means the consent of all of

79-11    the members of the Senate who are present and voting on the issue

79-12    at the time the vote is recorded.

79-13                (2)  "Four-fifths of the members of the Senate" means

79-14    four-fifths of the 31 elected members of the Senate.

79-15                (3)  "Four-fifths of the members present" means

79-16    four-fifths of the members of the Senate who are present and voting

79-17    on the issue at the time the vote is recorded.

79-18                (4)  "Two-thirds of the members of the Senate" means

79-19    two-thirds of the 31 elected members of the Senate.

79-20                (5)  "Two-thirds of the members present" means

79-21    two-thirds of the members of the Senate who are present and voting

79-22    on the issue at the time the vote is recorded.

79-23                (6)  "A majority of the members of the Senate" means a

79-24    majority of the 31 elected members of the Senate.

79-25                (7)  "A majority of the members present" means a

 80-1    majority of the members of the Senate who are present and voting on

 80-2    the issue at the time the vote is recorded.

 80-3                    MATTERS REQUIRING UNANIMOUS CONSENT

 80-4          Rule 16.02.  Unanimous consent of the members present shall

 80-5    be required to:

 80-6                (1)  suspend the Senate floor admission rules; Rule

 80-7    2.07

 80-8                (2)  suspend the local calendar rules; Rule 9.07

 80-9                (3)  authorize committees or conference committees to

80-10    meet during a session of the Senate; Rule 11.14

80-11                (4)  consider a nomination of the Governor without

80-12    being referred to a committee; Rule 14.01

80-13                (5)  dispense with secrecy of executive session.  Rule

80-14    15.01

80-15                         MATTERS REQUIRING VOTE OF

80-16                     FOUR-FIFTHS OF MEMBERS OF SENATE

80-17          Rule 16.03.  A vote of four-fifths of the members of the

80-18    Senate shall be required to:

80-19                (1)  suspend the constitutional rule prohibiting

80-20    consideration of a bill during the first 60 days of a regular

80-21    session; Rule 7.13 (Constitution, Article III, Section 5)  See note

80-22    to Rule 7.13.

80-23                (2)  suspend the constitutional rule prohibiting

80-24    introduction of a bill after the first 60 days of a regular

80-25    session.  Rule 7.07  (Constitution, Article III, Section 5) See

 81-1    note to Rule 7.07.

 81-2                         MATTERS REQUIRING VOTE OF

 81-3                      FOUR-FIFTHS OF MEMBERS PRESENT

 81-4          Rule 16.04.  A vote of four-fifths of the members present

 81-5    shall be required to:

 81-6                (1)  suspend the constitutional rule requiring bills to

 81-7    be read on three several days; Rule 7.18 (Constitution, Article

 81-8    III, Section 32)  See note to Rule 7.18.

 81-9                (2)  suspend the requirement that a bill be reported

81-10    from a Senate committee at least 15 [three] days before final

81-11    adjournment of a regular session; Rule 7.24 (Constitution, Article

81-12    III, Section 37)

81-13                (3)  pass a bill on third reading after the 135th

81-14    calendar day [within the last 24 hours] of a regular session; Rule

81-15    7.25.  [See note to Rule 7.25.]

81-16                (4)  take any action on a bill except to correct an

81-17    error therein; Rule 7.25.

81-18                (5)  suspend the Intent Calendar rules;[.] Rule 5.14.

81-19                (6)  reset a special order to earlier time.  Rule 5.11.

81-20                          MATTERS REQUIRING VOTE

81-21                    OF TWO-THIRDS OF MEMBERS OF SENATE

81-22          Rule 16.05.  A vote of two-thirds of the members of the

81-23    Senate shall be required for:

81-24                (1)  final passage of proposed amendment to the

81-25    Constitution; Rule 10.02 (Constitution, Article XVII, Section 1)

 82-1                (2)  immediate effect of a bill; (Constitution, Article

 82-2    III, Section 39)

 82-3                (3)  the release of payment of taxes in cases of great

 82-4    public calamity; (Constitution, Article VIII, Section 10)

 82-5                (4)  final passage of bills to reduce county to less

 82-6    area than 900 square miles; (Constitution, Article IX, Section 1)

 82-7                (5)  passage of an address to the Governor for the

 82-8    removal of any civil officer; (Constitution, Article XV, Section 8)

 82-9                (6)  expulsion of a member of the Senate; Rule 4.09

82-10    (Constitution, Article III, Section 11)

82-11                (7)  passage of House bills that have been returned by

82-12    the Governor with objections.  Rule 6.20. (Constitution, Article

82-13    IV, Section 14)

82-14                         MATTERS REQUIRING VOTE OF

82-15                       TWO-THIRDS OF MEMBERS PRESENT

82-16          Rule 16.06.  A vote of two-thirds of the members present

82-17    shall be required to:

82-18                (1)  impeach any officer; (Constitution, Article XV,

82-19    Section 3)

82-20                (2)  pass a Senate bill that has been returned by the

82-21    Governor with objections; Rule 6.20 (Constitution, Article IV,

82-22    Section 14)  See note to Rule 6.20.

82-23                (3)  confirm an appointee of the Governor, unless

82-24    otherwise directed by law; (Constitution, Article IV, Section 12)

82-25                (4)  adopt an amendment at third reading of a bill or a

 83-1    joint resolution; Rules 7.19 and 10.02

 83-2                (5)  suspend the floor privileges of a member of the

 83-3    Senate; Rule 4.07

 83-4                (6)  suspend the regular order of business; Rule 5.13

 83-5                (7)  excuse absentees; Rule 5.03

 83-6                (8)  set a matter for special order; Rule 5.11.  See

 83-7    note to Rule 5.11.

 83-8                (9)  place a minority report on the calendar; Rule

 83-9    11.18

83-10                (10)  rerefer a bill to another committee; Rule 6.08

83-11                (11)  suspend the section-by-section analysis on

83-12    conference committee reports; Rule 12.10

83-13                (12)  suspend or rescind any rule of the Senate unless

83-14    the rules specify a different majority; Rule 22.01

83-15                (13)  consider immediately petitions, concurrent and

83-16    joint resolutions, or resolutions setting or defining legislative

83-17    or state policy.  Rule 8.02.  See note to Rule 8.02.

83-18                    MATTERS REQUIRING VOTE OF MAJORITY

83-19                           OF MEMBERS OF SENATE

83-20          Rule 16.07.  A vote of the majority of the members of the

83-21    Senate is required to:

83-22                (1)  pass a resolution initially adopting temporary or

83-23    permanent rules of the Senate; Rule 21.01

83-24                (2)  adopt, amend, or rescind any [the] Joint Rules of

83-25    the two Houses; Rules 21.02 and 22.02

 84-1                (3)  adopt resolution to suspend conference committee

 84-2    rules; Rule 12.08

 84-3                (4)  commit or recommit bill, resolution, or petition

 84-4    to a committee; Rule 6.08

 84-5                (5)  hold an executive session; Rule 15.02

 84-6                (6)  pass a resolution amending the Rules of the

 84-7    Senate.

 84-8                         MATTERS REQUIRING VOTE OF

 84-9                        MAJORITY OF MEMBERS PRESENT

84-10          Rule 16.08.  A vote of the majority of members present shall

84-11    be required to:

84-12                (1)  elect officers; Rule 1.05

84-13                (2)  elect a member to preside; Rule 1.01

84-14                (3)  remove a member from the chair; Rule 4.08

84-15                (4)  pass a bill on second reading; Rule 7.17

84-16                (5)  pass a bill on third reading, except to give

84-17    immediate effect to the bill as required by Rule 7.18;

84-18                (6)  adopt an amendment on second reading;

84-19                (7)  adopt a motion to reconsider vote; Rules 6.10 and

84-20    6.11

84-21                (8)  dispense with reading of papers; Rule 6.13.  See

84-22    note to Rule 6.13.

84-23                (9)  debate a congratulatory, memorial, or courtesy

84-24    resolution; Rule 8.03.  See note to Rule 8.03.

84-25                (10)  adopt a motion for previous question, after five

 85-1    seconds; Rule 6.09.  See note to Rule 6.09.

 85-2                (11)  adopt a motion for immediate ruling, after 10

 85-3    seconds; Rule 6.12.  See note to Rule 6.12.

 85-4                (12)  concur in House amendments to Senate bills,

 85-5    except to give immediate effect to the bill as required by Rule

 85-6    16.05(2);

 85-7                (13)  adopt a Conference Committee Report, except to

 85-8    give immediate effect to the bill as required by Rule 16.05(2).

 85-9                     MATTERS REQUIRING VOTE WHEN LESS

85-10                         THAN A QUORUM IS PRESENT

85-11          Rule 16.09.  When a quorum is not present, a majority of the

85-12    members present may:

85-13                (1)  authorize a call of the Senate; Rule 5.04.  See

85-14    note to Rule 5.04.

85-15                (2)  authorize a call for absent members; Rule 5.02.

85-16    See note to Rule 5.02.

85-17                (3)  adjourn or recess.

85-18                               ARTICLE XVII

85-19                              SENATE JOURNAL

85-20                              REASON FOR VOTE

85-21          Rule 17.01.  Any member shall have the privilege to have

85-22    spread upon the journal of the Senate a brief statement of the

85-23    member's reason for any vote he or she may cast.  Such statement

85-24    shall not deal in personalities or contain any personal reflection

85-25    on any member of the Legislature, the Speaker, the Lieutenant

 86-1    Governor, or the Governor and shall not in any other manner

 86-2    transgress the rules or traditions of the Senate.

 86-3                             JOURNAL OF SENATE

 86-4          Rule 17.02.  The proceedings of the Senate, when not in

 86-5    Committee of the Whole Senate or in executive session, shall be

 86-6    entered on the journal as concisely as possible, care being taken

 86-7    to detail a true and accurate account of the proceedings.  The

 86-8    titles of the bills and such parts thereof only as shall be

 86-9    affected by proposed amendments shall be inserted in the journal.

86-10    Every report of a committee and vote of the Senate and a brief

86-11    statement of the contents of each memorial, petition, or paper

86-12    presented to the Senate shall also be inserted in the journal.

86-13    Resolutions of a congratulatory nature and resolutions recognizing

86-14    visitors to the Senate shall not be numbered or printed in the

86-15    journal, but the names of the sponsor and the persons concerned and

86-16    the recognition accorded may be listed for each day at the end of

86-17    the day's proceedings.  [Originals of congratulatory recognition

86-18    and memorial resolutions shall be limited to five in number.]

86-19                       RETURN OF VETOED SENATE BILLS

86-20          Rule 17.03.  When a bill shall be returned to the Senate by

86-21    the Governor, with the Governor's objections, it shall be entered

86-22    at large upon the journal.  (Constitution, Article IV, Section 14)

86-23                               ARTICLE XVIII

86-24                        MESSAGES TO AND FROM HOUSE

86-25                           MESSAGES TO THE HOUSE

 87-1          Rule 18.01.  Messages, bills, resolutions, and other papers

 87-2    shall be sent to the House of Representatives by the Secretary of

 87-3    the Senate who shall previously endorse upon them the final

 87-4    determination of the Senate thereon.

 87-5                          MESSAGES FROM THE HOUSE

 87-6          Rule 18.02.  Messages may be received at any time, except

 87-7    while a question is being put, while the yeas and nays are being

 87-8    taken, or while the ballots are being counted.

 87-9                                ARTICLE XIX

87-10                               AGENCY RULES

87-11                         REFERRAL OF AGENCY RULES

87-12          Rule 19.01.  The President shall refer to the appropriate

87-13    standing committee each proposed agency rule on which notice is

87-14    filed by an agency as required by the Administrative Procedure [and

87-15    Texas Register] Act.

87-16                             COMMITTEE ACTION

87-17          Rule 19.02.  The committee on a vote of a majority of its

87-18    members may transmit to the agency a statement supporting or

87-19    opposing adoption of the proposed rule.

87-20                                ARTICLE XX

87-21                       WHEN SENATE RULES ARE SILENT

87-22                   PRESIDENT OF SENATE DECIDES QUESTION

87-23          Rule 20.01.  The President of the Senate shall decide all

87-24    questions not provided for by the standing Rules of Order of the

87-25    Senate and Joint Rules of Order of both branches of the

 88-1    Legislature, according to parliamentary practice laid down by

 88-2    approved authors.

 88-3                             APPEAL TO SENATE

 88-4          Rule 20.02.  The President's ruling is subject to appeal to

 88-5    the entire Senate.

 88-6                                ARTICLE XXI

 88-7                             ADOPTION OF RULES

 88-8                               SENATE RULES

 88-9          Rule 21.01.  The Senate shall at the beginning of each

88-10    Legislative Session adopt temporary or permanent Senate rules by

88-11    resolution of the Senate.  The Senate rules shall be adopted by a

88-12    majority of the members of the Senate.

88-13                                JOINT RULES

88-14          Rule 21.02.  The House and Senate may adopt Joint Rules for

88-15    the two Houses.  Joint Rules may be adopted by a majority of the

88-16    members of the Senate.

88-17                               ARTICLE XXII

88-18               SUSPENSION, AMENDMENT, OR RESCISSION OF RULES

88-19                               SENATE RULES

88-20          Rule 22.01.  It shall require a vote of two-thirds of the

88-21    members present to suspend any rule of the Senate, unless the rules

88-22    specify a different majority.  A majority of the members of the

88-23    Senate may amend the Rules of the Senate by adoption of a Senate

88-24    Resolution amending the rules, which resolution has been referred

88-25    to and reported from a committee as otherwise required by these

 89-1    rules.  Rule 16.06.  See note to Rule 16.06.

 89-2                                JOINT RULES

 89-3          Rule 22.02.  It shall require a vote of a majority of the

 89-4    members of the Senate to suspend, amend, or rescind any [the] Joint

 89-5    Rules of the two Houses.  Rule 16.07

 89-6                                 ______________________________________

 89-7                                         President of the Senate

 89-8                                      I hereby certify that the above

 89-9                                 Resolution was adopted by the Senate

89-10                                 on January 14, 1997, with amendment,

89-11                                 by the following vote:  Yeas 31,

89-12                                 Nays 0.

89-13                                 ______________________________________

89-14                                         Secretary of the Senate

89-15                                 ______________________________________

89-16                                           Member, Texas Senate