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