R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That the following are adopted as the permanent rules of
1-3 the House of Representatives of the 76th [75th] Legislature:
1-4 RULES OF
1-5 THE HOUSE OF REPRESENTATIVES
1-6 OF THE TEXAS LEGISLATURE
1-7 TABLE OF CONTENTS
1-8 RULE
1-9 1. DUTIES AND RIGHTS OF THE SPEAKER ................... 2
1-10 2. EMPLOYEES .......................................... 9
1-11 3. STANDING COMMITTEES ................................ 19
1-12 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES ..... 43
1-13 5. FLOOR PROCEDURE .................................... 74
1-14 6. ORDER OF BUSINESS AND CALENDARS .................... 93
1-15 7. MOTIONS ............................................ 110
1-16 8. BILLS .............................................. 126
1-17 9. JOINT RESOLUTIONS .................................. 140
1-18 10. HOUSE RESOLUTIONS AND CONCURRENT
1-19 RESOLUTIONS ...................................... 142
1-20 11. AMENDMENTS ......................................... 144
1-21 12. PRINTING ........................................... 151
1-22 13. INTERACTIONS WITH THE GOVERNOR
1-23 AND SENATE ....................................... 155
1-24 14. GENERAL PROVISIONS ................................. 165
2-1 STATEMENT OF AUTHORIZATION AND PRECEDENCE
2-2 Pursuant to and under the authority of Section 11, Article
2-3 III, Texas Constitution, and notwithstanding any provision of
2-4 statute, the House of Representatives adopts the following rules to
2-5 govern its operations and procedures. The provisions of these
2-6 rules shall be deemed the only requirements binding on the House of
2-7 Representatives under Section 11, Article III, Texas Constitution,
2-8 notwithstanding any other requirements expressed in statute.
2-9 RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
2-10 CHAPTER A. DUTIES AS PRESIDING OFFICER
2-11 Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
2-12 enforce, apply, and interpret the rules of the house in all
2-13 deliberations of the house and shall enforce the legislative rules
2-14 prescribed by the statutes and the Constitution of Texas.
2-15 Sec. 2. CALL TO ORDER. The speaker shall take the chair on
2-16 each calendar day precisely at the hour to which the house
2-17 adjourned or recessed at its last sitting and shall immediately
2-18 call the members to order.
2-19 Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker shall
2-20 lay before the house its business in the order indicated by the
2-21 rules and shall receive propositions made by members and put them
2-22 to the house.
2-23 Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
2-24 proposed legislation shall be referred by the speaker to an
2-25 appropriate standing or select committee with jurisdiction, subject
2-26 to correction by a majority vote of the house. A bill or
2-27 resolution may not be referred simultaneously to more than one
3-1 committee.
3-2 Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
3-3 shall preserve order and decorum. In case of disturbance or
3-4 disorderly conduct in the galleries or in the lobby, the speaker
3-5 may order that these areas be cleared. No signs, placards, or
3-6 other objects of similar nature shall be permitted in the rooms,
3-7 lobby, gallery, and hall of the house. The speaker shall see that
3-8 the members of the house conduct themselves in a civil manner in
3-9 accordance with accepted standards of parliamentary conduct and
3-10 may, when necessary, order the sergeant-at-arms to clear the aisles
3-11 and seat the members of the house so that business may be conducted
3-12 in an orderly manner.
3-13 Sec. 6. RECOGNITION OF GALLERY VISITORS. On written request
3-14 of a member, the speaker may recognize persons in the gallery. The
3-15 speaker shall afford that recognition at a convenient place in the
3-16 order of business, considering the need for order and decorum and
3-17 the need for continuity of debate. The request must be made on a
3-18 form prescribed by the Committee on House Administration. The
3-19 speaker may recognize, at a time he or she considers appropriate
3-20 during floor proceedings, the person serving as physician of the
3-21 day.
3-22 Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
3-23 rise to put a question but may state it sitting. The question
3-24 shall be put distinctly in this form: "As many as are in favor
3-25 (here state the question or proposition under consideration), say
3-26 'Aye,'" and after the affirmative vote is expressed, "As many as
3-27 are opposed say 'No.'" If the speaker is in doubt as to the
4-1 result, or if a division is called for, the house shall
4-2 divide: those voting in the affirmative on the question shall
4-3 register "Aye" on the voting machine, and those voting in the
4-4 negative on the question shall register "No." Such votes shall not
4-5 be printed in the journal unless a record vote of yeas and nays is
4-6 ordered in accordance with the rules.
4-7 Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The speaker
4-8 shall have the same right as other members to vote. If the
4-9 speaker, or a member temporarily presiding, has not voted, he or
4-10 she may cast the deciding vote at the time such opportunity becomes
4-11 official, whether to make or break a tie. If a verification of the
4-12 vote is called for and granted, the decision of the speaker, or a
4-13 member temporarily presiding, to cast the deciding vote need not be
4-14 made until the verification has been completed. In case of error
4-15 in a vote, if the correction leaves decisive effect to the vote of
4-16 the speaker, or a member temporarily presiding, the deciding vote
4-17 may be cast even though the result has been announced.
4-18 Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
4-19 on all questions of order; however, such decisions are subject to
4-20 an appeal to the house made by any 10 members. Pending an appeal,
4-21 the speaker shall call a member to the chair, who shall not have
4-22 the authority to entertain or decide any other matter or
4-23 proposition until the appeal has first been determined by the
4-24 house. The question on appeal is, "Shall the chair be sustained?"
4-25 (b) No member shall speak more than once on an appeal unless
4-26 given leave by a majority of the house. No motion shall be in
4-27 order, pending an appeal, except a motion to adjourn, a motion to
5-1 lay on the table, a motion for the previous question, or a motion
5-2 for a call of the house. Responses to parliamentary inquiries and
5-3 decisions of recognition made by the chair may not be appealed.
5-4 (c) A point of order raised as to a violation of a section
5-5 of the rules governing committee reports, committee minutes, or
5-6 accompanying documentation may be overruled if the purpose of that
5-7 section of the rules has been substantially fulfilled and the
5-8 violation does not deceive or mislead.
5-9 Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
5-10 CHAIR. The speaker shall have the right to name any member to
5-11 perform the duties of the chair and may name a member to serve as
5-12 speaker pro tempore by delivering a written order to the chief
5-13 clerk and a copy to the journal clerk. A permanent speaker pro
5-14 tempore shall, in the absence or inability of the speaker, call the
5-15 house to order and perform all other duties of the chair in
5-16 presiding over the deliberations of the house and perform other
5-17 duties and exercise other responsibilities as may be assigned by
5-18 the speaker. If the house is not in session, and a permanent
5-19 speaker pro tempore has not been named, or if the speaker pro
5-20 tempore is not available or for any reason is not able to function,
5-21 the speaker may deliver a written order to the chief clerk, with a
5-22 copy to the journal clerk, naming the member who shall call the
5-23 house to order and preside during the speaker's absence. The
5-24 speaker pro tempore shall serve at the pleasure of the speaker.
5-25 Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
5-26 emergency of such compelling nature that the speaker must adjourn
5-27 the house without fixing a date and hour of reconvening, the
6-1 speaker shall have authority to determine the date and hour of
6-2 reconvening and to notify the members of the house by any means the
6-3 speaker considers adequate. Should the speaker be disabled or
6-4 otherwise unable to exercise these emergency powers, the permanent
6-5 speaker pro tempore, if one has been named, shall have authority to
6-6 act. If there is no permanent speaker pro tempore, or if that
6-7 officer is unable to act, authority shall be exercised by the chair
6-8 of the Committee on State Affairs, who shall preside until the
6-9 house can proceed to the selection of a temporary presiding officer
6-10 to function until the speaker or the speaker pro tempore is again
6-11 able to exercise the duties and responsibilities of the office.
6-12 Sec. 12. POSTPONEMENT OF RECONVENING. When the house is not
6-13 in session, if the speaker determines that it would be a hazard to
6-14 the safety of the members, officers, employees, and others
6-15 attending the legislature to reconvene at the time determined by
6-16 the house at its last sitting, the speaker may clear the area of
6-17 the capitol under the control of the house and postpone the
6-18 reconvening of the house for a period of not more than 12 hours.
6-19 On making that determination, the speaker shall order the
6-20 sergeant-at-arms to post an assistant at each first floor entrance
6-21 to the capitol and other places and advise all persons entering of
6-22 the determination and the time set for the house to reconvene. The
6-23 speaker shall also notify the journal clerk and the news media of
6-24 the action, and the action shall be entered in the house journal.
6-25 Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
6-26 resolutions, and concurrent resolutions shall be signed by the
6-27 speaker in the presence of the house, as required by the
7-1 constitution; and all writs, warrants, and subpoenas issued by
7-2 order of the house shall be signed by the speaker and attested by
7-3 the chief clerk, or the person acting as chief clerk.
7-4 CHAPTER B. ADMINISTRATIVE DUTIES
7-5 Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
7-6 have general control, except as otherwise provided by law, of the
7-7 hall of the house, its lobbies, galleries, corridors, and passages,
7-8 and other rooms in those parts of the capitol assigned to the use
7-9 of the house; except that the hall of the house shall not be used
7-10 for any meeting other than legislative meetings during any regular
7-11 or special session of the legislature unless specifically
7-12 authorized by resolution.
7-13 Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The speaker
7-14 shall designate the chair and vice-chair of each standing
7-15 substantive committee and shall also appoint membership of the
7-16 committee, subject to the provisions of Rule 4, Section 2.
7-17 (b) If members of equal seniority request the same
7-18 committee, the speaker shall decide which among them shall be
7-19 assigned to that committee.
7-20 (c) In announcing the membership of the standing substantive
7-21 committees, the speaker shall designate which are appointees and
7-22 which acquire membership by seniority.
7-23 (d) The speaker shall appoint the chair and vice-chair of
7-24 each standing procedural committee and the remaining membership of
7-25 the committee.
7-26 Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE COMMITTEES.
7-27 (a) The speaker shall appoint all conference committees. The
8-1 speaker shall name the chair of each conference committee, and may
8-2 also name the vice-chair thereof.
8-3 (b) The speaker may at any time by proclamation create a
8-4 select committee. The speaker shall name the chair and vice-chair
8-5 thereof. A select committee has the jurisdiction, authority, and
8-6 duties and exists for the period of time specified in the
8-7 proclamation. A select committee has the powers granted by these
8-8 rules to a standing committee except as limited by the
8-9 proclamation. A copy of each proclamation creating a select
8-10 committee shall be filed with the chief clerk.
8-11 Sec. 17. INTERIM STUDIES. When the legislature is not in
8-12 session, the speaker shall have the authority to direct committees
8-13 to make interim studies for such purposes as the speaker may
8-14 designate, and the committees shall meet as often as necessary to
8-15 transact effectively the business assigned to them. The speaker
8-16 shall provide to the chief clerk a copy of interim charges made to
8-17 a standing or select committee.
8-18 CHAPTER C. CAMPAIGNS FOR SPEAKER
8-19 Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
8-20 SESSION. During a regular session of the legislature a member may
8-21 not solicit written pledges from other members for their support of
8-22 or promise to vote for any person for the office of speaker.
8-23 RULE 2. EMPLOYEES
8-24 CHAPTER A. DUTIES OF EMPLOYEES OF THE HOUSE
8-25 Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
8-26 (1) be the custodian of all bills and resolutions;
8-27 (2) number in the order of their filing, with a
9-1 separate sequence for each category, all bills, joint resolutions,
9-2 concurrent resolutions, and house resolutions;
9-3 (3) provide for the keeping of a complete record of
9-4 introduction and action on all bills and resolutions, including the
9-5 number, author, brief description of the subject matter, committee
9-6 reference, and the time sequence of action taken on all bills and
9-7 resolutions to reflect at all times their status in the legislative
9-8 process;
9-9 (4) on the day of numbering a bill relating to a
9-10 conservation and reclamation district created under Article XVI,
9-11 Section 59, of the Texas Constitution, send two copies of the bill,
9-12 with two copies of the notice of intention to introduce the bill,
9-13 to the governor and notify the journal clerk of the action;
9-14 (5) receive the recommendations of the Texas Natural
9-15 Resource Conservation Commission on a bill forwarded to the
9-16 commission under Article XVI, Section 59, of the Texas
9-17 Constitution, attach them to the bill to which they apply, and
9-18 notify the journal clerk that the recommendations have been filed;
9-19 (6) forward to the committee chair a certified copy of
9-20 each legislative document referred to a committee along with
9-21 certified copies of all official attachments to the document;
9-22 (7) have printed and distributed correct copies of all
9-23 legislative documents, as provided in the subchapter on printing,
9-24 and keep an exact record of the date and hour of transmittal to the
9-25 printer, return from the printer, and distribution of the document
9-26 to members of the house with that information time-stamped on the
9-27 originals of the document;
10-1 (8) certify the passage of bills and resolutions,
10-2 noting on them the date of passage and the vote by which passed, if
10-3 by record vote;
10-4 (9) be responsible for engrossing all house bills and
10-5 resolutions that have passed second reading and those that have
10-6 passed third reading, and for enrolling all house bills and
10-7 resolutions that have passed both houses.
10-8 All engrossed and enrolled documents shall be prepared
10-9 without erasures, interlineations, or additions in the margin.
10-10 House concurrent resolutions passed without amendment
10-11 shall not be engrossed but shall be certified and forwarded
10-12 directly to the senate.
10-13 Engrossed riders may be used in lieu of full
10-14 engrossment on second reading passage;
10-15 (10) be authorized to amend the caption to conform to
10-16 the body of each house bill and joint resolution ordered engrossed
10-17 or enrolled;
10-18 (11) be responsible for noting on each house bill or
10-19 joint resolution, for certification by the speaker of the house,
10-20 the lieutenant governor, the chief clerk of the house, and the
10-21 secretary of the senate, the following information:
10-22 (A) date of final passage, and the vote on final
10-23 passage, if by record vote, or the notation "Nonrecord Vote," if
10-24 not by record vote. If the bill was amended in the senate, this
10-25 fact shall also be noted;
10-26 (B) date of concurrence by the house in senate
10-27 amendments, and the vote on concurrence, if by record vote, or the
11-1 notation "Nonrecord Vote," if not by record vote;
11-2 (C) date of adoption by each house of a
11-3 conference committee report and the vote on adoption, if by record
11-4 vote, or the notation "Nonrecord Vote," if not by record vote;
11-5 (D) that a bill containing an appropriation was
11-6 passed subject to the provisions of Article III, Section 49a, of
11-7 the Texas Constitution; and
11-8 (E) that a concurrent resolution was adopted by
11-9 both houses directing the correction of an enrolled bill, if
11-10 applicable;
11-11 (12) transmit over signature all messages from the
11-12 house to the senate, including typewritten copies of amendments to
11-13 senate bills;
11-14 (13) prepare copies of senate amendments to house
11-15 bills for the journal before the amendments and the bill or
11-16 resolution to which they relate are sent to the printer or to the
11-17 speaker;
11-18 (14) notify the speaker in writing that the senate did
11-19 not concur in house amendments to a bill or resolution and requests
11-20 a conference committee, and include in this notice the names of the
11-21 senate conferees; and
11-22 (15) provide a certified copy of a house bill or
11-23 resolution which may be lost showing each parliamentary step taken
11-24 on the bill.
11-25 (b) The chief clerk shall also:
11-26 (1) attest all writs, warrants and subpoenas issued by
11-27 order of the house;
12-1 (2) provide for issuance of an identification card to
12-2 each member and employee of the house;
12-3 (3) receive reports of select committees and forward
12-4 copies to the speaker and journal clerk;
12-5 (4) not later than 30 days after the close of each
12-6 session, acquire from each of the various clerks of the house,
12-7 except the journal clerk, all reports, records, bills, papers, and
12-8 other documents remaining in their possession and file them with
12-9 the Legislative Reference Library, unless otherwise provided by
12-10 law;
12-11 (5) receive and file all other documents required by
12-12 law or by the rules of the house;
12-13 (6) prepare a roster of members in order of seniority
12-14 showing the number of years of service of each member, as provided
12-15 in Rule 4, Section 2; and
12-16 (7) have printed and distributed the list of Items
12-17 Eligible for Consideration as required by the rules.
12-18 (c) The chief clerk shall also provide for the following to
12-19 be made available on the electronic legislative information system
12-20 at the same time that the corresponding copies are placed in the
12-21 members' newspaper mailboxes:
12-22 (1) all house calendars and lists of items eligible
12-23 for consideration and the time-stamp information for those
12-24 calendars and lists; and
12-25 (2) the time-stamp information for all official
12-26 printings of bills and resolutions.
12-27 (d) The chief clerk shall also:
13-1 (1) maintain duplicate originals of committee minutes
13-2 as required by Rule 4, Sections 18(b) and (c);
13-3 (2) maintain sworn statements from witnesses appearing
13-4 before committees as required by Rule 4, Section 20(c);
13-5 (3) under the direction of the Committee on House
13-6 Administration, prescribe the form of the sworn statements for
13-7 witnesses;
13-8 (4) as directed by the chair of a committee, post
13-9 committee meeting notices in accordance with the rules; and
13-10 (5) request fiscal notes on house bills and joint
13-11 resolutions with senate amendments and distribute fiscal notes on
13-12 house bills and joint resolutions with senate amendments and
13-13 conference committee reports as required by Rule 13, Sections 5 and
13-14 10.
13-15 Sec. 2. JOURNAL CLERK. The journal clerk shall:
13-16 (1) keep a journal of the proceedings of the house,
13-17 except when the house is acting as a committee of the whole, and
13-18 enter the following:
13-19 (A) the number, author, and caption of every
13-20 bill introduced;
13-21 (B) descriptions of all congratulatory and
13-22 memorial resolutions on committee report, motions, amendments,
13-23 questions of order and decisions on them, messages from the
13-24 governor, and messages from the senate;
13-25 (C) the summaries of congratulatory and memorial
13-26 resolutions, as printed on the congratulatory and memorial
13-27 calendar;
14-1 (D) the number of each bill, joint resolution,
14-2 and concurrent resolution signed in the presence of the house;
14-3 (E) a listing of reports made by standing
14-4 committees;
14-5 (F) reports of select committees, when ordered
14-6 by the house;
14-7 (G) every record vote or registration of the
14-8 house with a concise statement of the action and the result;
14-9 (H) the names of all absentees, both excused and
14-10 not excused;
14-11 (I) senate amendments to house bills or
14-12 resolutions, when concurred in by the house;
14-13 (J) the date each bill is transmitted to the
14-14 governor;
14-15 (K) the date recommendations of the Texas
14-16 Natural Resource Conservation Commission on each bill subject to
14-17 Article XVI, Section 59, of the Texas Constitution, are filed with
14-18 the chief clerk;
14-19 (L) all pairs as a part of a record vote;
14-20 (M) reasons for a vote;
14-21 (N) the vote of a member on a nonrecord vote[,
14-22 when filed with the journal clerk within 1 hour of the time the
14-23 result of the vote was announced by the chair];
14-24 (O) the statement of a member who was absent
14-25 when a vote was taken indicating how the member would have voted;
14-26 and
14-27 (P) official state documents, reports, and other
15-1 matters, when ordered by the house;
15-2 (2) prepare a daily journal for each calendar day that
15-3 the house is in session and distribute copies to the members of the
15-4 house on the succeeding calendar day or the earliest possible date;
15-5 and
15-6 (3) prepare and have printed a permanent house journal
15-7 of regular and special sessions in accordance with the law and the
15-8 following provisions:
15-9 (A) When completed, no more than 300 copies
15-10 shall be bound and distributed as follows:
15-11 (i) one copy to each member of the house
15-12 of representatives;
15-13 (ii) one copy to each member of the
15-14 senate; and
15-15 (iii) the remainder of the copies to be
15-16 distributed by the Committee on House Administration.
15-17 (B) The journal clerk shall not receive or
15-18 receipt for the permanent house journal until it has been correctly
15-19 published.
15-20 Sec. 3. READING CLERKS. The reading clerks, under the
15-21 supervision of the speaker, shall:
15-22 (1) call the roll of the house in alphabetical order
15-23 when ordered to do so by the speaker; and
15-24 (2) read all bills, resolutions, motions, and other
15-25 matters required by the rules or directed by the speaker.
15-26 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
15-27 (1) under the direction of the speaker, have charge of
16-1 and maintain order in the hall of the house, its lobbies and
16-2 galleries, and all other rooms in the capitol assigned for the use
16-3 of the house of representatives;
16-4 (2) attend the house and the committee of the whole
16-5 during all meetings and maintain order under the direction of the
16-6 speaker or other presiding officer;
16-7 (3) execute the commands of the house and serve the
16-8 writs and processes issued by the authority of the house and
16-9 directed by the speaker;
16-10 (4) supervise assistants to the sergeant-at-arms who
16-11 shall aid in the performance of prescribed duties and have the same
16-12 authority, subject to the control of the speaker;
16-13 (5) clear the floor of the house of all persons not
16-14 entitled to the privileges of the floor at least 30 minutes prior
16-15 to the convening of each session of the house;
16-16 (6) bring in absent members when so directed under a
16-17 call of the house;
16-18 (7) not allow the distribution of any printed matter
16-19 in the hall of the house, other than newspapers that have been
16-20 published at least once a week for a period of one year, unless it
16-21 first has been authorized in writing by at least one member of the
16-22 house and the name of the member appears on the printed matter.
16-23 The sergeant-at-arms shall refuse to accept for distribution any
16-24 printed matter which does not bear the name of the member or
16-25 members authorizing the distribution;
16-26 (8) keep a copy of written authorization and a record
16-27 of the matter distributed in the permanent files of the house;
17-1 (9) enforce parking regulations applicable to areas of
17-2 the capitol complex under the control of the house and supervise
17-3 parking attendants; and
17-4 (10) supervise the doorkeeper.
17-5 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-6 of the sergeant-at-arms, shall:
17-7 (1) enforce strictly the rules of the house relating
17-8 to privileges of the floor and perform other duties as directed by
17-9 the speaker;
17-10 (2) close the main entrance and permit no member to
17-11 leave the house without written permission from the speaker when a
17-12 call of the house or a call of the committee of the whole is
17-13 ordered, take up permission cards as members leave the hall, and
17-14 take up permission cards of those who are admitted to the floor of
17-15 the house under the rules and practice of the house;
17-16 (3) obtain recognition from the speaker and announce a
17-17 messenger from the governor or the senate on arrival at the bar of
17-18 the house; and
17-19 (4) obtain recognition from the speaker and announce
17-20 the arrival of the governor or the senate on arrival at the bar of
17-21 the house for official proceedings in the house.
17-22 Sec. 6. CHAPLAIN. The chaplain shall open the first session
17-23 on each calendar day with a prayer and shall perform such other
17-24 duties as directed by the Committee on House Administration.
17-25 Sec. 7. VOTING CLERK. The voting clerk, under the
17-26 supervision of the speaker, shall:
17-27 (1) open and close the voting machine on registrations
18-1 and record votes as ordered by the speaker;
18-2 (2) record votes from the floor as directed by the
18-3 speaker;
18-4 (3) prepare official copies of all record votes for
18-5 the journal;
18-6 (4) make no additions, subtractions, or other changes
18-7 in any registration or record vote unless specifically granted
18-8 permission by the house or directed by the speaker prior to the
18-9 announcement of the final result; and
18-10 (5) lock the voting machine of each member who is
18-11 excused or who is otherwise known to be absent when the house is in
18-12 session until the member personally requests that the machine be
18-13 unlocked.
18-14 RULE 3. STANDING COMMITTEES
18-15 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall have
18-16 nine members, with jurisdiction over all matters pertaining to:
18-17 (1) agriculture, horticulture, and farm husbandry;
18-18 (2) livestock and stock raising, and the livestock
18-19 industry;
18-20 (3) the development and preservation of forests, and
18-21 the regulation, control, and promotion of the lumber industry; and
18-22 (4) the following state agencies: the Department of
18-23 Agriculture, the Texas Animal Health Commission, the State Soil and
18-24 Water Conservation Board, the Texas Forest Service, the Office of
18-25 South Central Interstate Forest Fire Protection Compact, the Office
18-26 of Chief Apiary Inspector, the Texas Agricultural Experiment
18-27 Station, the Texas Agricultural Extension Service, the Texas Food
19-1 and Fibers Commission, the State Seed and Plant Board, the State
19-2 Board of Veterinary Medical Examiners, the Texas Veterinary Medical
19-3 Diagnostic Laboratory, [the Egg Marketing Advisory Board,] the
19-4 Produce Recovery Fund Board, the Texas Structural Pest Control
19-5 Board, the board of directors of the Texas Boll Weevil Eradication
19-6 Foundation, Inc., and the Texas Animal Damage Control Service.
19-7 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
19-8 members, with jurisdiction over:
19-9 (1) all bills and resolutions appropriating money from
19-10 the state treasury;
19-11 (2) all bills and resolutions containing provisions
19-12 resulting in automatic allocation of funds from the state
19-13 treasury;
19-14 (3) all bills and resolutions diverting funds from the
19-15 state treasury or preventing funds from going in that otherwise
19-16 would be placed in the state treasury; and
19-17 (4) all matters pertaining to claims and accounts
19-18 filed with the legislature against the state unless jurisdiction
19-19 over those bills and resolutions is specifically granted by these
19-20 rules to some other standing committee.
19-21 (b) The appropriations committee may comment upon any bill
19-22 or resolution containing a provision resulting in an automatic
19-23 allocation of funds.
19-24 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
19-25 nine members, with jurisdiction over all matters pertaining to:
19-26 (1) industry and manufacturing;
19-27 (2) industrial safety and adequate and safe working
20-1 conditions, and the regulation and control of those conditions;
20-2 (3) hours, wages, collective bargaining, and the
20-3 relationship between employers and employees;
20-4 (4) the regulation of business transactions and
20-5 transactions involving property interests;
20-6 (5) the organization, incorporation, management, and
20-7 regulation of private corporations and professional associations
20-8 and the Uniform Commercial Code and the Limited Partnership Act;
20-9 (6) the protection of consumers, governmental
20-10 regulations incident thereto, the agencies of government authorized
20-11 to regulate such activities, and the role of the government in
20-12 consumer protection; and
20-13 (7) the following state agencies: the State Office of
20-14 Risk Management, the Risk Management Board, the Texas Workers'
20-15 Compensation Commission, the Texas Workers' Compensation Insurance
20-16 Fund Board, the Texas Workers' Compensation Insurance Facility
20-17 Governing Committee, and the Research and Oversight Council on
20-18 Workers' Compensation.
20-19 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
20-20 members, with jurisdiction over:
20-21 (1) the placement of bills and resolutions on
20-22 appropriate calendars, except those within the jurisdiction of the
20-23 Committee on Rules and Resolutions;
20-24 (2) the determination of priorities and proposal of
20-25 rules for floor consideration of such bills and resolutions; and
20-26 (3) all other matters concerning the calendar system
20-27 and the expediting of the business of the house as may be assigned
21-1 by the speaker.
21-2 Sec. 5. CIVIL PRACTICES. The committee shall have nine
21-3 members, with jurisdiction over all matters pertaining to:
21-4 (1) fines and penalties arising under civil laws;
21-5 (2) civil law, including rights, duties, remedies, and
21-6 procedures thereunder;
21-7 (3) civil procedure in the courts of Texas;
21-8 (4) administrative law and the adjudication of rights
21-9 by administrative agencies; and
21-10 (5) permission to sue the state.
21-11 Sec. 6. CORRECTIONS. The committee shall have nine members,
21-12 with jurisdiction over all matters pertaining to:
21-13 (1) the incarceration and rehabilitation of convicted
21-14 felons;
21-15 (2) the establishment and maintenance of programs that
21-16 provide alternatives to incarceration;
21-17 (3) the commitment and rehabilitation of youths;
21-18 (4) the construction, operation, and management of
21-19 correctional facilities of the state and facilities used for the
21-20 commitment and rehabilitation of youths; and
21-21 (5) the following state agencies: the Texas
21-22 Department of Criminal Justice, the Board of Pardons and Paroles,
21-23 the Texas Youth Commission, the Council on Sex Offender Treatment,
21-24 the Texas Council on Offenders with Mental Impairments, the Private
21-25 Sector Prison Industries Oversight Authority, and the Criminal
21-26 Justice Policy Council.
21-27 Sec. 7. COUNTY AFFAIRS. The committee shall have nine
22-1 members, with jurisdiction over all matters pertaining to:
22-2 (1) counties, including their organization, creation,
22-3 boundaries, government, and finance and the compensation and duties
22-4 of their officers and employees;
22-5 (2) establishing districts for the election of
22-6 governing bodies of counties;
22-7 (3) regional councils of governments;
22-8 (4) multicounty boards or commissions;
22-9 (5) relationships or contracts between counties;
22-10 (6) other units of local government; and
22-11 (7) the following state agency: the Commission on
22-12 Jail Standards.
22-13 Sec. 8. CRIMINAL JURISPRUDENCE. The committee shall have
22-14 nine members, with jurisdiction over all matters pertaining to:
22-15 (1) criminal law, prohibitions, standards, and
22-16 penalties;
22-17 (2) probation and parole;
22-18 (3) criminal procedure in the courts of Texas;
22-19 (4) revision or amendment of the Penal Code; and
22-20 (5) the following state agencies: the Office of State
22-21 Prosecuting Attorney and the Office of Interstate Parole Compact
22-22 Administrator for Texas.
22-23 Sec. 9. ECONOMIC DEVELOPMENT. The committee shall have nine
22-24 members, with jurisdiction over all matters pertaining to:
22-25 (1) commerce, trade, and manufacturing;
22-26 (2) economic and industrial development;
22-27 (3) job creation and job-training programs;
23-1 (4) hours, wages, collective bargaining, and the
23-2 relationship between employers and employees;
23-3 (5) unemployment compensation, including coverage,
23-4 benefits, taxes, and eligibility;
23-5 (6) boiler inspection and safety standards and
23-6 regulation;
23-7 (7) labor unions and their organization, control,
23-8 management, and administration;
23-9 (8) weights and measures;
23-10 (9) advances in science and technology, including
23-11 telecommunications, electronic technology, and automated data
23-12 processing and the regulation of those industries;
23-13 (10) the promotion of scientific research,
23-14 technological development, and technology transfer in the state;
23-15 (11) matters relating to cooperation of state and
23-16 local governments with the scientific and technological community,
23-17 which includes industry, the universities, and federal governmental
23-18 laboratories; and
23-19 (12) the following state agencies: the Texas
23-20 Department of Economic Development [Commerce], the Texas Workforce
23-21 Commission, the Texas Aerospace Commission, the Council on
23-22 Workforce and Economic Competitiveness, the Texas Strategic
23-23 Economic Development Planning Commission, and the Texas National
23-24 Research Laboratory Commission.
23-25 Sec. 10. ELECTIONS. The committee shall have nine members,
23-26 with jurisdiction over all matters pertaining to:
23-27 (1) the right of suffrage in Texas;
24-1 (2) primary, special, and general elections;
24-2 (3) revision, modification, amendment, or change of
24-3 the Election Code;
24-4 (4) the secretary of state in relation to elections;
24-5 (5) campaign finance; and
24-6 (6) the following state agency: the Office of the
24-7 Secretary of State.
24-8 Sec. 11. ENERGY RESOURCES. The committee shall have nine
24-9 members, with jurisdiction over all matters pertaining to:
24-10 (1) the conservation of the energy resources of
24-11 Texas;
24-12 (2) the production, regulation, transportation, and
24-13 development of oil, gas, and other energy resources;
24-14 (3) mining and the development of mineral deposits
24-15 within the state;
24-16 (4) the leasing and regulation of mineral rights under
24-17 public lands;
24-18 (5) pipelines, pipeline companies, and all others
24-19 operating as common carriers in the state;
24-20 (6) electric utility regulation as it relates to
24-21 energy production and consumption; and
24-22 (7) the following state agencies: the Railroad
24-23 Commission of Texas, the Office of Interstate Oil Compact
24-24 Commissioner for Texas, the Office of Interstate Mining Compact
24-25 Commissioner for Texas, the Texas Energy Coordination Council, [the
24-26 Texas Committee on Energy Policy,] and the Office of Southern
24-27 States Energy Board Member for Texas.
25-1 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall have
25-2 nine members, with jurisdiction over all matters pertaining to:
25-3 (1) air, land, and water pollution, including the
25-4 environmental regulation of industrial development;
25-5 (2) the regulation of waste disposal;
25-6 (3) environmental matters that are regulated by the
25-7 Department of Health or the Texas Natural Resource Conservation
25-8 Commission;
25-9 (4) oversight of the Texas Natural Resource
25-10 Conservation Commission as it relates to environmental regulation;
25-11 and
25-12 (5) the following state agencies: [the Pollution
25-13 Prevention Council,] the Texas Agriculture Resources Protection
25-14 Authority, the Texas Low-Level Radioactive Waste Disposal Compact
25-15 Commission, and the Texas Low-Level Radioactive Waste Disposal
25-16 Authority.
25-17 Sec. 13. FINANCIAL INSTITUTIONS. The committee shall have
25-18 nine members, with jurisdiction over all matters pertaining to:
25-19 (1) banking and the state banking system;
25-20 (2) savings and loan associations;
25-21 (3) credit unions;
25-22 (4) the regulation of state and local bonded
25-23 indebtedness;
25-24 (5) the lending of money; and
25-25 (6) the following state agencies: The Finance
25-26 Commission of Texas, the Credit Union Commission, the Office of
25-27 Consumer Credit Commissioner, the Office of Banking Commissioner,
26-1 the Banking Department of Texas, the Savings and Loan Department of
26-2 Texas, the Texas Treasury Safekeeping Trust Company, the Texas
26-3 Public Finance Authority, and the Bond Review Board[, and the State
26-4 Depository Board].
26-5 Sec. 14. GENERAL INVESTIGATING (PROCEDURAL). (a) The
26-6 General Investigating Committee consists of five members of the
26-7 house appointed by the speaker. The speaker shall appoint the
26-8 chair and the vice-chair of the committee.
26-9 (b) The general investigating committee has all the powers
26-10 and duties and shall operate according to the procedures prescribed
26-11 by Subchapter B, Chapter 301, Government Code, and the rules of the
26-12 house, as applicable.
26-13 Sec. 15. HIGHER EDUCATION. The committee shall have nine
26-14 members, with jurisdiction over all matters pertaining to:
26-15 (1) education beyond high school;
26-16 (2) the colleges and universities of the State of
26-17 Texas; and
26-18 (3) the following state agencies: the Texas
26-19 Engineering Experiment Station, the Texas Engineering Extension
26-20 Service, the Texas Higher Education Coordinating Board, the Texas
26-21 Guaranteed Student Loan Corporation, the State Medical Education
26-22 Board, the Prepaid Higher Education Tuition Board, and the Texas
26-23 Transportation Institute.
26-24 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
26-25 shall have 11 members, with jurisdiction over:
26-26 (1) administrative operation of the house and its
26-27 employees;
27-1 (2) the general house fund, with full control over all
27-2 expenditures from the fund;
27-3 (3) all property, equipment, and supplies obtained by
27-4 the house for its use and the use of its members;
27-5 (4) all office space available for the use of the
27-6 house and its members;
27-7 (5) the assignment of vacant office space, vacant
27-8 parking spaces, and vacant desks on the house floor to members with
27-9 seniority based on cumulative years of service in the house, except
27-10 that the committee may make these assignments based on physical
27-11 disability of a member where it deems proper;
27-12 (6) all admissions to the floor during sessions of the
27-13 house;
27-14 (7) all proposals to invite nonmembers to appear
27-15 before or address the house or a joint session;
27-16 (8) all radio broadcasting and televising, live or
27-17 recorded, of sessions of the house;
27-18 (9) the electronic recording of the proceedings of the
27-19 house of representatives and the custody of the recordings of
27-20 testimony before house committees, with authority to promulgate
27-21 reasonable rules, regulations, and conditions concerning the
27-22 safekeeping, reproducing, transcribing of the recordings, and the
27-23 defraying of costs for transcribing the recordings, subject to
27-24 other provisions of these rules;
27-25 (10) all witnesses appearing before the house or any
27-26 committee thereof in support of or in opposition to any pending
27-27 legislative proposal; and
28-1 (11) the following state agency: the State
28-2 Preservation Board.
28-3 Sec. 17. HUMAN SERVICES. The committee shall have nine
28-4 members, with jurisdiction over all matters pertaining to:
28-5 (1) welfare and rehabilitation programs and their
28-6 development, administration, and control;
28-7 (2) oversight of the Health and Human Services
28-8 Commission as it relates to the subject matter jurisdiction of this
28-9 committee; and
28-10 (3) the following state agencies: the Texas
28-11 Department on Aging, the Texas State Board of Social Worker
28-12 Examiners, the Texas Council on Purchasing from People with
28-13 Disabilities, the Texas Commission for the Blind, the Texas
28-14 Commission for the Deaf and Hard of Hearing, the Texas Department
28-15 of Human Services, the Department of Protective and Regulatory
28-16 Services, the Texas Rehabilitation Commission, the Children's Trust
28-17 Fund of Texas Council, and the Texas State Board of Examiners of
28-18 Professional Counselors.
28-19 Sec. 18. INSURANCE. The committee shall have nine members,
28-20 with jurisdiction over all matters pertaining to:
28-21 (1) insurance and the insurance industry;
28-22 (2) all insurance companies and other organizations of
28-23 any type writing or issuing policies of insurance in the State of
28-24 Texas, including their organization, incorporation, management,
28-25 powers, and limitations; and
28-26 (3) the following state agencies: the Texas
28-27 Department of Insurance, the Texas Health Benefits Purchasing
29-1 Cooperative, and the Office of Public Insurance Counsel.
29-2 Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
29-3 members, with jurisdiction over all matters pertaining to:
29-4 (1) uniform state laws;
29-5 (2) creating, changing, or otherwise affecting courts
29-6 of judicial districts of the state;
29-7 (3) establishing districts for the election of
29-8 judicial officers;
29-9 (4) the Texas Judicial Council;
29-10 (5) the State Commission on Judicial Conduct;
29-11 (6) the Office of the Attorney General, including its
29-12 organization, powers, functions, and responsibilities;
29-13 (7) courts and court procedures except where
29-14 jurisdiction is specifically granted to some other standing
29-15 committee; and
29-16 (8) the following state agencies: the Supreme Court,
29-17 the Courts of Appeals, the Court of Criminal Appeals, the State
29-18 Commission on Judicial Conduct, the Office of Court Administration
29-19 of the Texas Judicial System, the State Law Library, the Texas
29-20 Judicial Council, the Office of the Attorney General, the Court
29-21 Reporters Certification Board, and the Board of Law Examiners.
29-22 Sec. 20. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
29-23 shall have nine members, with jurisdiction over all matters
29-24 pertaining to:
29-25 (1) juvenile delinquency and gang violence;
29-26 (2) criminal law, prohibitions, standards, and
29-27 penalties as applied to juveniles;
30-1 (3) criminal procedure in the courts of Texas as it
30-2 relates to juveniles;
30-3 (4) civil law as it relates to familial relationships,
30-4 including rights, duties, remedies, and procedures thereunder; and
30-5 (5) the following state agencies: the Texas Juvenile
30-6 Probation Commission and the Advisory Council on Juvenile Services.
30-7 Sec. 21. LAND AND RESOURCE MANAGEMENT. The committee shall
30-8 have nine members, with jurisdiction over all matters pertaining
30-9 to:
30-10 (1) the management of public lands;
30-11 (2) the power of eminent domain;
30-12 (3) annexation, zoning, and other governmental
30-13 regulation of land use; and
30-14 (4) the following state agencies: the Veterans' Land
30-15 Board, the School Land Board, the Board for Lease of University
30-16 Lands, the Coastal Coordination Council, and the General Land
30-17 Office.
30-18 Sec. 22. LICENSING AND ADMINISTRATIVE PROCEDURES. The
30-19 committee shall have nine members, with jurisdiction over all
30-20 matters pertaining to:
30-21 (1) the oversight of businesses, industries, general
30-22 trades, and occupations regulated by this state;
30-23 (2) the regulation of greyhound and horse racing and
30-24 other gaming industries;
30-25 (3) regulation of the sale of intoxicating beverages
30-26 and local option control;
30-27 (4) the Alcoholic Beverage Code; and
31-1 (5) the following state agencies: the Texas
31-2 Department of Licensing and Regulation, the State Office of
31-3 Administrative Hearings, the Texas Board of Architectural
31-4 Examiners, the Texas State Board of Public Accountancy, the Texas
31-5 Real Estate Commission, the Texas State Board of Plumbing
31-6 Examiners, the Texas [State] Board of [Registration for]
31-7 Professional Engineers, the Real Estate Research Center, the Texas
31-8 Board of Professional Land Surveying, the Texas Racing Commission,
31-9 the Texas Appraiser Licensing and Certification Board, the Texas
31-10 Lottery Commission, the State Bar of Texas, and the Texas Alcoholic
31-11 Beverage Commission.
31-12 Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
31-13 committee shall have 11 members, with jurisdiction over:
31-14 (1) the placement on appropriate calendars of bills
31-15 and resolutions that, in the opinion of the committee, are in fact
31-16 local or will be uncontested, and have been recommended as such by
31-17 the standing committee of original jurisdiction; and
31-18 (2) the determination of priorities for floor
31-19 consideration of bills and resolutions except those within the
31-20 jurisdiction of the Committee on Calendars.
31-21 Sec. 24. NATURAL RESOURCES. The committee shall have nine
31-22 members, with jurisdiction over all matters pertaining to:
31-23 (1) the conservation of the natural resources of
31-24 Texas;
31-25 (2) the control and development of land and water and
31-26 land and water resources, including the taking, storing, control,
31-27 and use of all water in the state, and its appropriation and
32-1 allocation;
32-2 (3) irrigation, irrigation companies, and irrigation
32-3 districts, and their incorporation, management, and powers;
32-4 (4) the creation, modification, and regulation of
32-5 water supply districts, water control and improvement districts,
32-6 conservation and reclamation districts, and all similar organs of
32-7 local government dealing with water and water supply;
32-8 (5) oversight of the Texas Natural Resource
32-9 Conservation Commission as it relates to the regulation of water
32-10 resources; and
32-11 (6) the following state agencies: the Office of
32-12 Canadian River Compact Commissioner for Texas, the Office of Pecos
32-13 River Compact Commissioner for Texas, the Office of Red River
32-14 Compact Commissioner for Texas, the Office of Rio Grande Compact
32-15 Commissioner for Texas, the Office of Sabine River Compact
32-16 Administrator for Texas, the Multi-State Water Resources Planning
32-17 Commission, and the Texas Water Development Board.
32-18 Sec. 25. PENSIONS AND INVESTMENTS. The committee shall have
32-19 nine members, with jurisdiction over all matters pertaining to:
32-20 (1) benefits or participation in benefits of a public
32-21 retirement system and the financial obligations of a public
32-22 retirement system;
32-23 (2) the regulation of securities and investments; and
32-24 (3) the following state agencies: the Office of Fire
32-25 Fighters' Pension Commissioner, the State Board of Trustees of the
32-26 Teacher Retirement System, the State Board of Trustees of the
32-27 Employees Retirement System, the Board of Trustees of the Texas
33-1 County and District Retirement System, the Board of Trustees of the
33-2 Texas Municipal Retirement System, the State Pension Review Board,
33-3 and the State Securities Board.
33-4 Sec. 26. PUBLIC EDUCATION. The committee shall have nine
33-5 members, with jurisdiction over all matters pertaining to:
33-6 (1) the public schools and the public school system of
33-7 Texas and the financing thereof;
33-8 (2) the state programming of elementary and secondary
33-9 education for the public school system of Texas;
33-10 (3) proposals to create, change, or otherwise alter
33-11 school districts of the state; and
33-12 (4) the following state agencies: the State Board of
33-13 Education, the Texas Education Agency, the Office of Compact for
33-14 Education Commissioner for Texas, the Office of Southern Regional
33-15 Education Compact Commissioner for Texas, the Texas School for the
33-16 Blind and Visually Impaired, the State Board for Educator
33-17 Certification, and the Texas School for the Deaf.
33-18 Sec. 27. PUBLIC HEALTH. The committee shall have nine
33-19 members, with jurisdiction over all matters pertaining to:
33-20 (1) the protection of public health, including
33-21 supervision and control of the practice of medicine and dentistry
33-22 and other allied health services;
33-23 (2) mental health and mental retardation and the
33-24 development of programs incident thereto;
33-25 (3) the prevention and treatment of mental illness and
33-26 mental retardation;
33-27 (4) oversight of the Health and Human Services
34-1 Commission as it relates to the subject matter jurisdiction of this
34-2 committee; and
34-3 (5) the following state agencies: the Texas
34-4 Department of Mental Health and Mental Retardation, the Texas
34-5 Department of Health, the Texas Board of Health, the Texas
34-6 Commission on Alcohol and Drug Abuse, the Anatomical Board of the
34-7 State of Texas, the Texas Funeral Service Commission, the State
34-8 Committee of Examiners in the Fitting and Dispensing of Hearing
34-9 Instruments, the Board of Vocational Nurse Examiners, the Texas
34-10 Optometry Board, the Radiation Advisory Board, the Texas State
34-11 Board of Pharmacy, the Board of Nurse Examiners, [the Texas Board
34-12 of Nursing Facility Administrators,] The Texas Board of
34-13 Chiropractic Examiners, the Texas Board of Physical Therapy
34-14 Examiners, the Texas State Board of Podiatric Medical Examiners,
34-15 the Texas State Board of Examiners of Psychologists, the State
34-16 Board of Dental Examiners, the Texas State Board of Medical
34-17 Examiners, the Advisory Board of Athletic Trainers, the Dental
34-18 Hygiene Advisory Committee, the Hospital Licensing Advisory
34-19 Council, the State Board of Barber Examiners, the Texas Cosmetology
34-20 Commission, the Interagency Council on Early Childhood Intervention
34-21 [Services], the Texas Cancer Council, the Texas State Board of
34-22 Acupuncture Examiners, the Health Professions Council, the Texas
34-23 Board of Occupational Therapy Examiners, the Texas State Board of
34-24 Examiners of Perfusionists, the Texas Health Care Information
34-25 Council, and the Texas Hospital Equipment Financing Council.
34-26 Sec. 28. PUBLIC SAFETY. The committee shall have nine
34-27 members, with jurisdiction over all matters pertaining to:
35-1 (1) public safety and emergency preparedness,
35-2 enforcement, and development;
35-3 (2) the prevention of crime and the apprehension of
35-4 criminals;
35-5 (3) the provision of security services by private
35-6 entities; and
35-7 (4) the following state agencies: the Commission on
35-8 Law Enforcement Officer Standards and Education, the Department of
35-9 Public Safety, the Polygraph Examiners Board, the Texas Board of
35-10 Private Investigators and Private Security Agencies, the Division
35-11 of Emergency Management, the Emergency Management Council, the
35-12 Advisory Commission on State Emergency Communications, and the
35-13 Crime Stoppers Advisory Council.
35-14 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
35-15 have 11 members, with jurisdiction over all matters pertaining to:
35-16 (1) legislative districts, both house and senate, and
35-17 any changes or amendments;
35-18 (2) congressional districts, their creation, and any
35-19 changes or amendments;
35-20 (3) establishing districts for the election of
35-21 judicial officers or of governing bodies or representatives of
35-22 political subdivisions or state agencies as required by law; and
35-23 (4) preparations for the redistricting process.
35-24 Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
35-25 shall have 11 members, with jurisdiction over:
35-26 (1) Rules of Procedure of the House of
35-27 Representatives, and all proposed amendments;
36-1 (2) Joint Rules of the House and Senate, and all
36-2 proposed amendments;
36-3 (3) all procedures for expediting the business of the
36-4 house in an orderly and efficient manner;
36-5 (4) all resolutions to congratulate, memorialize, or
36-6 name mascots of the house; and
36-7 (5) other matters concerning rules, procedures, and
36-8 operation of the house assigned by the speaker.
36-9 Sec. 31. STATE AFFAIRS. The committee shall have 15
36-10 members, with jurisdiction over all matters pertaining to:
36-11 (1) questions and matters of state policy;
36-12 (2) the administration of state government;
36-13 (3) the organization, powers, regulation, and
36-14 management of state departments and agencies;
36-15 (4) the operation and regulation of public lands and
36-16 state buildings;
36-17 (5) the organization, regulation, operation, and
36-18 management of state institutions;
36-19 (6) the duties and conduct of officers and employees
36-20 of the state government;
36-21 (7) the duties and conduct of candidates for public
36-22 office and of persons with an interest in influencing public
36-23 policy;
36-24 (8) the operation of state government and its agencies
36-25 and departments; all of above except where jurisdiction is
36-26 specifically granted to some other standing committee;
36-27 (9) access of the state agencies to scientific and
37-1 technological information; and
37-2 (10) the following state agencies: the Council of
37-3 State Governments, the National Conference of State Legislatures,
37-4 the Commission on Human Rights, the Governor's Office, the General
37-5 Services Commission, the State Aircraft Pooling Board, the State
37-6 Conservatorship Board, the Texas Incentive and Productivity
37-7 Commission, the Texas Ethics Commission, the Department of
37-8 Information Resources, the Public Utility Commission of Texas, the
37-9 Office of Public Utility Counsel, the Inaugural Endowment Fund
37-10 Committee, the Telecommunications Infrastructure Fund Board, and
37-11 the Sunset Advisory Commission.
37-12 Sec. 32. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
37-13 committee shall have nine members, with jurisdiction over all
37-14 matters pertaining to:
37-15 (1) federal and international commerce and trade;
37-16 (2) the relations between the State of Texas and the
37-17 federal government;
37-18 (3) the relations between the State of Texas and other
37-19 sovereign states of the United States;
37-20 (4) the relations between the State of Texas and other
37-21 nations;
37-22 (5) international trade, economic development, tourist
37-23 development, and goodwill;
37-24 (6) cultural resources and their promotion,
37-25 development, and regulation;
37-26 (7) historical resources and their promotion,
37-27 development, and regulation;
38-1 (8) promotion and development of Texas' image and
38-2 heritage;
38-3 (9) preservation and protection of Texas' shrines,
38-4 monuments, and memorials;
38-5 (10) interstate tourist promotion and development;
38-6 (11) the various branches of the military service of
38-7 the United States;
38-8 (12) the defense of the state and nation;
38-9 (13) veterans of military and related services; and
38-10 (14) the following state agencies: the Office of
38-11 State-Federal Relations, the Texas Commission on the Arts, the
38-12 State Cemetery Committee, the Texas State Library and Archives
38-13 Commission, the Texas Historical Commission, the Texas Military
38-14 Facilities Commission [National Guard Armory Board], the Adjutant
38-15 General's Department, the Texas Veterans Commission, the Texas
38-16 Strategic Military Planning Commission, and the San Jacinto
38-17 Historical Advisory Board.
38-18 Sec. 33. STATE RECREATIONAL RESOURCES. The committee shall
38-19 have nine members, with jurisdiction over:
38-20 (1) the creation, operation, and control of state
38-21 parks;
38-22 (2) the regulation and control of the propagation and
38-23 preservation of wildlife and fish in the state;
38-24 (3) the development and regulation of the fish and
38-25 oyster industries of the state;
38-26 (4) hunting and fishing in the state, and the
38-27 regulation and control thereof;
39-1 (5) the regulation of other recreational activities;
39-2 and
39-3 (6) the following state agencies: the Office of Gulf
39-4 States Marine Fisheries Compact Commissioner for Texas and the
39-5 Parks and Wildlife Department.
39-6 Sec. 34. TRANSPORTATION. The committee shall have nine
39-7 members, with jurisdiction over all matters pertaining to:
39-8 (1) commercial motor vehicles, both bus and truck, and
39-9 their control, regulation, licensing, and operation;
39-10 (2) the Texas highway system, including all roads,
39-11 bridges, and ferries constituting a part of the system;
39-12 (3) the licensing of private passenger vehicles to
39-13 operate on the roads and highways of the state;
39-14 (4) the regulation and control of traffic on the
39-15 public highways of the State of Texas;
39-16 (5) railroads, street railway lines, interurban
39-17 railway lines, steamship companies, and express companies;
39-18 (6) airports, air traffic, airlines, and other
39-19 organizations engaged in transportation by means of aerial flight;
39-20 (7) water transportation in the State of Texas, and
39-21 the rivers, harbors, and related facilities used in water
39-22 transportation and the agencies of government exercising
39-23 supervision and control thereover; and
39-24 (8) the following state agencies: the Texas
39-25 Department of Transportation and[,] the Texas Transportation
39-26 Commission[, and the Texas Turnpike Authority].
39-27 Sec. 35. URBAN AFFAIRS. The committee shall have nine
40-1 members, with jurisdiction over all matters pertaining to:
40-2 (1) cities, municipalities, and town corporations,
40-3 including their creation, organization, powers, government, and
40-4 finance, and the compensation and duties of their officers and
40-5 employees;
40-6 (2) home-rule cities, their relationship to the state,
40-7 and their powers, authority, and limitations;
40-8 (3) the creation or change of metropolitan areas and
40-9 the form of government under which those areas operate;
40-10 (4) the regulation of metropolitan transit;
40-11 (5) problems and issues particularly affecting
40-12 metropolitan areas of the state;
40-13 (6) other units of local government not otherwise
40-14 assigned by these rules to other standing committees;
40-15 (7) establishing districts for the election of
40-16 governing bodies of cities; and
40-17 (8) the following state agencies: the Texas
40-18 Department of Housing and Community Affairs and the Texas
40-19 Commission on Fire Protection.
40-20 Sec. 36. WAYS AND MEANS. The committee shall have 11
40-21 members, with jurisdiction over:
40-22 (1) all bills and resolutions proposing to raise
40-23 revenue;
40-24 (2) all bills or resolutions proposing to levy taxes
40-25 or other fees;
40-26 (3) all proposals to modify, amend, or change any
40-27 existing tax or revenue statute;
41-1 (4) all proposals to regulate the manner of collection
41-2 of state revenues and taxes;
41-3 (5) all bills and resolutions containing provisions
41-4 resulting in automatic allocation of funds from the state
41-5 treasury;
41-6 (6) all bills and resolutions diverting funds from the
41-7 state treasury or preventing funds from going in that otherwise
41-8 would be placed in the state treasury;
41-9 (7) all bills and resolutions proposing to levy taxes
41-10 or raise revenue for all units of government and regulating the
41-11 collection thereof;
41-12 (8) all bills and resolutions relating to the Property
41-13 Tax Code; and
41-14 (9) the following state agencies: the Office of
41-15 Multistate Tax Compact Commissioner for Texas, the State
41-16 Comptroller of Public Accounts, and the Board of Tax Professional
41-17 Examiners.
41-18 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
41-19 CHAPTER A. ORGANIZATION
41-20 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
41-21 committees of the house, and the number of members and general
41-22 jurisdiction of each, shall be as enumerated in Rule 3.
41-23 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
41-24 standing committees shall be determined at the beginning of each
41-25 regular session in the following manner:
41-26 (1) A maximum of one-half of the membership on each
41-27 standing substantive committee, exclusive of the chair and
42-1 vice-chair, shall be determined by seniority. The remaining
42-2 membership of the committee shall be appointed by the speaker.
42-3 (2) Each member of the house, in order of seniority,
42-4 may designate three committees on which he or she desires to serve,
42-5 listed in order of preference. The member is entitled to become a
42-6 member of the committee of his or her highest preference on which
42-7 there remains a vacant seniority position.
42-8 (3) If members of equal seniority request the same
42-9 committee, the speaker shall appoint the member from among those
42-10 requesting that committee. Seniority, as the term is used in this
42-11 subsection, shall mean years of cumulative service as a member of
42-12 the house of representatives.
42-13 (4) After each member of the house has selected one
42-14 committee on the basis of seniority, the remaining membership on
42-15 each standing committee shall be filled by appointment of the
42-16 speaker, subject to the limitations imposed in this chapter.
42-17 (5) Seniority shall not apply to a procedural
42-18 committee. For purposes of these rules, the procedural committees
42-19 are the Committee on Calendars, the Committee on Local and Consent
42-20 Calendars, the Committee on Rules and Resolutions, the General
42-21 Investigating Committee, the Committee on House Administration, and
42-22 the Committee on Redistricting. The entire membership of these
42-23 committees shall be appointed by the speaker.
42-24 (6) In announcing the membership of committees, the
42-25 speaker shall designate those appointed by the speaker and those
42-26 acquiring membership by seniority.
42-27 (7) The speaker shall designate the chair and
43-1 vice-chair from the total membership of the committee.
43-2 (b) In the event of an election contest that is not resolved
43-3 prior to the determination of the membership of standing
43-4 committees, the representative of the district that is the subject
43-5 of the contest is not entitled to select a committee on the basis
43-6 of seniority. Committee appointments on behalf of that district
43-7 shall be designated by the district number.
43-8 (c) In the event of a vacancy in a representative district
43-9 that has not been filled at the time of the determination of the
43-10 membership of standing committees, the representative of the
43-11 district who fills that vacancy shall not be entitled to select a
43-12 committee on the basis of seniority. Committee appointments on
43-13 behalf of that district shall be designated by the district
43-14 number.
43-15 (d) In the event that a member-elect of the current
43-16 legislature has not taken the oath of office by the end of the
43-17 ninth day of the regular session, the representative of that
43-18 district shall not be entitled to select a committee on the basis
43-19 of seniority. If the member-elect has not taken the oath of office
43-20 by the time committee appointments are announced, committee
43-21 appointments on behalf of that district shall be designated by
43-22 district number.
43-23 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
43-24 and vice-chair, members of a standing committee shall rank
43-25 according to their seniority.
43-26 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
43-27 is subject to the following restrictions:
44-1 (1) No member shall serve concurrently on more than
44-2 two standing substantive committees.
44-3 (2) A member serving as chair of the Committee on
44-4 Appropriations or the Committee on State Affairs may not serve on
44-5 any other substantive committee.
44-6 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
44-7 occur on a standing committee subsequent to its organization, the
44-8 speaker shall appoint an eligible member to fill the vacancy.
44-9 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
44-10 shall:
44-11 (1) be responsible for the effective conduct of the
44-12 business of the committee;
44-13 (2) appoint all subcommittees and determine the number
44-14 of members to serve on each subcommittee;
44-15 (3) in consultation with members of the committee,
44-16 schedule the work of the committee and determine the order in which
44-17 the committee shall consider and act on bills, resolutions, and
44-18 other matters referred to the committee;
44-19 (4) have authority to employ and discharge the staff
44-20 and employees authorized for the committee and have supervision and
44-21 control over all the staff and employees;
44-22 (5) direct the preparation of all committee reports.
44-23 No committee report shall be official until signed by the chair of
44-24 the committee, or by the person acting as chair, or by a majority
44-25 of the membership of the committee;
44-26 (6) determine the necessity for public hearings,
44-27 schedule hearings, and be responsible for posting notice of
45-1 hearings as required by the rules;
45-2 (7) preside at all meetings of the committee and
45-3 control its deliberations and activities in accordance with
45-4 acceptable parliamentary procedure; and
45-5 (8) have authority to direct the sergeant-at-arms to
45-6 assist, where necessary, in enforcing the will of the committee.
45-7 Sec. 7. BILL ANALYSES. [In addition to other duties that
45-8 may be assigned by the chair, the staff of each standing committee
45-9 shall be responsible for providing an analysis of] Except for the
45-10 general appropriations bill, for each bill or joint resolution
45-11 referred to the committee, the staff of the committee shall be
45-12 responsible for distributing a copy of a bill [and for distributing
45-13 copies of the] analysis to each member of the committee at the
45-14 earliest possible opportunity but not later than the first time the
45-15 measure is laid out in a committee meeting. [The chair of the
45-16 committee may request the author or sponsor of a bill or joint
45-17 resolution to provide the committee with the analysis required by
45-18 this section. If not obtained from the author or sponsor, the
45-19 analysis shall be prepared under the direction of the chair. All
45-20 analyses shall be approved by the chair as to form and content
45-21 before distribution to other members of the committee.]
45-22 CHAPTER B. PROCEDURE
45-23 Sec. 8. MEETINGS. (a) As soon as practicable after
45-24 standing committees are constituted and organized, the Committee
45-25 on House Administration shall prepare a schedule for regular
45-26 meetings of all standing committees. This schedule shall be
45-27 published in the house journal and posted in a convenient and
46-1 conspicuous place near the entrance to the house and on other
46-2 posting boards for committee meeting notices, as determined
46-3 necessary by the Committee on House Administration.
46-4 To the extent practicable during each regular session,
46-5 standing committees shall conduct regular committee meetings in
46-6 accordance with the schedule of meetings prepared by the Committee
46-7 on House Administration.
46-8 (b) Standing committees shall meet at other times as may be
46-9 determined by the committee, or as may be called by the chair.
46-10 Subcommittees of standing committees shall likewise meet at other
46-11 times as may be determined by the committee, or as may be called by
46-12 the chair of the committee or subcommittee.
46-13 Committees shall also meet in such places and at such times
46-14 as the speaker may designate.
46-15 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
46-16 committee or subcommittee shall meet during the time the house is
46-17 in session without permission being given by a majority vote of the
46-18 house. No standing committee or subcommittee shall conduct its
46-19 meeting on the floor of the house or in the house chamber while the
46-20 house is in session, but shall, if given permission to meet while
46-21 the house is in session, retire to a designated committee room for
46-22 the conduct of its meeting.
46-23 Sec. 10. PURPOSES FOR MEETING. A committee or a
46-24 subcommittee may be assembled for:
46-25 (1) a public hearing where testimony is to be heard,
46-26 and where official action may be taken, on bills, resolutions, or
46-27 other matters;
47-1 (2) a formal meeting where the committee may discuss
47-2 and take official action on bills, resolutions, or other matters
47-3 without testimony; and
47-4 (3) a work session where the committee may discuss
47-5 bills, resolutions, or other matters but take no formal action.
47-6 Sec. 11. POSTING NOTICE. (a) No committee or subcommittee,
47-7 including a calendars committee, shall assemble for the purpose of
47-8 a public hearing during a regular session unless notice of the
47-9 hearing has been posted in accordance with the rules at least five
47-10 calendar days in advance of the hearing. No committee or
47-11 subcommittee, including a calendars committee, shall assemble for
47-12 the purpose of a public hearing during a special session unless
47-13 notice of the hearing has been posted in accordance with the rules
47-14 at least 24 hours in advance of the hearing. The committee minutes
47-15 shall reflect the date of each posting of notice. Notice shall not
47-16 be required for a public hearing on a senate bill which is
47-17 substantially the same as a house bill that has previously been the
47-18 subject of a duly posted public hearing by the committee.
47-19 (b) No committee or subcommittee, including a calendars
47-20 committee, shall assemble for the purpose of a formal meeting or
47-21 work session during a regular or special session unless written
47-22 notice has been posted and transmitted to each member of the
47-23 committee two hours in advance of the meeting or an announcement
47-24 has been filed with the journal clerk and read by the reading clerk
47-25 while the house is in session.
47-26 (c) All committees meeting during the interim for the
47-27 purpose of a formal meeting, work session, or public hearing shall
48-1 post notice in accordance with the rules and notify members of the
48-2 committee at least five calendar days in advance of the meeting.
48-3 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
48-4 committee or subcommittee, including a calendars committee, shall
48-5 be open to other members, the press, and the public unless
48-6 specifically provided otherwise by resolution adopted by the house.
48-7 However, the general investigating committee or a committee
48-8 considering an impeachment, an address, the punishment of a member
48-9 of the house, or any other matter of a quasi-judicial nature may
48-10 meet in executive session for the limited purpose of examining a
48-11 witness or deliberating, considering, or debating a decision, but
48-12 no decision may be made or voted on except in a meeting that is
48-13 open to the public and otherwise in compliance with the rules of
48-14 the house.
48-15 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
48-16 Procedure of the House of Representatives, and to the extent
48-17 applicable, the rules of evidence and procedure in the civil courts
48-18 of Texas, shall govern the hearings and operations of each
48-19 committee, including a calendars committee. Subject to the
48-20 foregoing, and to the extent necessary for orderly transaction of
48-21 business, each committee may promulgate and adopt additional rules
48-22 and procedures by which it will function.
48-23 (b) No standing committee, including a calendars committee,
48-24 or any subcommittee, shall adopt any rule of procedure, including
48-25 but not limited to an automatic subcommittee rule, which will have
48-26 the effect of thwarting the will of the majority of the committee
48-27 or subcommittee or denying the committee or subcommittee the right
49-1 to ultimately dispose of any pending matter by action of a majority
49-2 of the committee or subcommittee. A bill or resolution may not be
49-3 laid on the table subject to call in committee without a majority
49-4 vote of the committee.
49-5 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
49-6 rulings of the chair of a committee shall be in order if seconded
49-7 by three members of the committee, which may include the member
49-8 making the appeal. Procedure in committee following an appeal
49-9 which has been seconded shall be the same as the procedure followed
49-10 in the house in a similar situation.
49-11 Sec. 15. PREVIOUS QUESTION. Before the previous question
49-12 can be ordered in a committee, the motion therefor must be seconded
49-13 by not less than 4 members of a committee consisting of 21 or more
49-14 members, 3 members of a committee consisting of less than 21
49-15 members and more than 10 members, or 2 members of a committee
49-16 consisting of 10 members or less. If the motion is properly
49-17 seconded and ordered by a majority vote of the committee, further
49-18 debate on the proposition under consideration shall be terminated,
49-19 and the proposition shall be immediately put to a vote of the
49-20 committee for its action.
49-21 Sec. 16. QUORUM. A majority of a committee shall constitute
49-22 a quorum. No action or recommendation of a committee shall be
49-23 valid unless taken at a meeting of the committee with a quorum
49-24 actually present, and the committee minutes shall reflect the names
49-25 of those members of the committee who were actually present. No
49-26 committee report shall be made to the house nor shall bills or
49-27 resolutions be placed on a calendar unless ordered by a majority of
50-1 the membership of the committee, except as otherwise provided in
50-2 the rules, and a quorum of the committee must be present when the
50-3 vote is taken on reporting a bill or resolution, on placing bills
50-4 or resolutions on a calendar, or on taking any other formal action
50-5 within the authority of the committee. No committee report shall
50-6 be made nor shall bills or resolutions be placed on a calendar
50-7 except by record vote of the members of the committee, with the
50-8 yeas and nays to be recorded in the minutes of the committee.
50-9 Proxies cannot be used in committees.
50-10 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
50-11 order to move a call of a committee at any time to secure and
50-12 maintain a quorum for any one or more of the following purposes:
50-13 (1) for the consideration of a specific bill,
50-14 resolution, or other matter;
50-15 (2) for a definite period of time; or
50-16 (3) for the consideration of any designated class of
50-17 bills or other matters.
50-18 (b) When a call of a committee is moved for one or more of
50-19 the foregoing purposes and seconded by two members, one of whom may
50-20 be the chair, and is ordered by a majority of the members present,
50-21 no member shall thereafter be permitted to leave the committee
50-22 meeting without written permission from the chair. After the call
50-23 is ordered, and in the absence of a quorum, the chair shall have
50-24 the authority to authorize the sergeant-at-arms to locate absent
50-25 members of the committee and to compel their attendance for the
50-26 duration of the call.
50-27 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
51-1 including a calendars committee, the chair, or the member acting
51-2 as chair, shall keep complete minutes of the proceedings in
51-3 committee, which shall include:
51-4 (1) the time and place of each meeting of the
51-5 committee;
51-6 (2) a roll call to determine the members present at
51-7 each meeting of the committee, whether that meeting follows an
51-8 adjournment or a recess from a previous committee meeting;
51-9 (3) an accurate record of all votes taken, including a
51-10 listing of the yeas and nays cast on a record vote;
51-11 (4) the date of posting of notice of the meeting; and
51-12 (5) other information that the chair shall determine.
51-13 (b) The minutes for each public hearing of a committee shall
51-14 also include an attachment listing the names of the persons, other
51-15 than members of the legislature, and the persons or entities
51-16 represented by those persons, who were recognized by the chair to
51-17 address the committee in favor of, in opposition to, or without
51-18 taking a position on a measure or other matter before the
51-19 committee.
51-20 (c) Committee minutes shall be corrected only at the
51-21 direction of the chair as authorized by a majority vote of the
51-22 committee. Duplicate originals of committee minutes shall be
51-23 maintained, one to remain with the committee chair and the other to
51-24 be filed with the chief clerk. The committee minutes of a meeting
51-25 of the Appropriations Committee on the general appropriations bill
51-26 must be filed with the chief clerk within five days of the
51-27 committee meeting. All other committee minutes must be filed with
52-1 the chief clerk within three days of the committee meeting for a
52-2 substantive committee, and within one day of the committee meeting
52-3 for a procedural committee. If the date on which the committee
52-4 minutes are due occurs on a Saturday, Sunday, or holiday on which
52-5 the house is not in session, the committee minutes shall be filed
52-6 on the following working day. The time at which the minutes are
52-7 filed shall be time-stamped on the duplicate originals of the
52-8 minutes that are filed with the chief clerk. The duplicate
52-9 originals shall be available at all reasonable business hours for
52-10 inspection by members or the public.
52-11 (d) The chief clerk shall maintain the minutes and records
52-12 safe from loss, destruction, and alteration at all times, and may,
52-13 at any time, turn them, or any portion, over to the Committee on
52-14 House Administration.
52-15 Sec. 19. RECORDING OF TESTIMONY. All testimony before
52-16 committees and subcommittees shall be electronically recorded under
52-17 the direction of the Committee on House Administration. Copies of
52-18 the testimony may be released under guidelines promulgated by the
52-19 Committee on House Administration.
52-20 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The chief
52-21 clerk, under the direction of the Committee on House
52-22 Administration, shall prescribe the form of a sworn statement to be
52-23 executed by all persons, other than members, who wish to be
52-24 recognized by the chair to address the committee. The statement
52-25 shall provide for showing at least:
52-26 (1) the committee or subcommittee;
52-27 (2) the name, [home] address, [business address,] and
53-1 telephone number of the person appearing;
53-2 (3) the person, firm, corporation, class, or group
53-3 represented;
53-4 (4) the type of business, profession, or occupation in
53-5 which the person is engaged, if the person is representing himself
53-6 or herself; and [of the person or entity represented;]
53-7 (5) [the business address of the person or entity
53-8 represented; and]
53-9 [(6)] the matter before the committee on which the
53-10 person wishes to be recognized to address the committee and
53-11 whether for, against, or neutral on the matter.
53-12 (b) No person shall be recognized by the chair to address
53-13 the committee in favor of, in opposition to, or without taking a
53-14 position on a matter until the sworn statement has been filed with
53-15 the chair of the committee. The chair of the committee shall
53-16 indicate on the sworn statement whether the person completing the
53-17 statement was recognized to address the committee.
53-18 (c) All sworn statements for those persons recognized by the
53-19 chair to address the committee shall accompany the copy of the
53-20 minutes of the meeting filed with the chief clerk.
53-21 (d) All persons, other than members, recognized by the chair
53-22 to address the committee shall give their testimony under oath, and
53-23 each committee may avail itself of additional powers and
53-24 prerogatives authorized by law.
53-25 Sec. 21. POWER TO ISSUE PROCESS. By a record vote of not
53-26 less than two-thirds of those present and voting, a quorum being
53-27 present, each standing committee shall have the power and authority
54-1 to issue process to witnesses at any place in the State of Texas,
54-2 to compel their attendance, and to compel the production of all
54-3 books, records, and instruments. If necessary to obtain compliance
54-4 with subpoenas or other process, the committee shall have the power
54-5 to issue writs of attachment. All process issued by the committee
54-6 may be addressed to and served by an agent of the committee or a
54-7 sergeant-at-arms appointed by the committee or by any peace officer
54-8 of the State of Texas. The committee shall also have the power to
54-9 cite and have prosecuted for contempt, in the manner provided by
54-10 law, anyone disobeying the subpoenas or other process lawfully
54-11 issued by the committee. The chair of the committee shall issue,
54-12 in the name of the committee, the subpoenas and other process as
54-13 the committee may direct.
54-14 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
54-15 prior approval by the Committee on House Administration, witnesses
54-16 attending proceedings of any committee under process of the
54-17 committee shall be allowed the same mileage and per diem as are
54-18 allowed members of the committee when in a travel status, to be
54-19 paid out of the contingent expense fund of the house of
54-20 representatives on vouchers approved by the chair of the committee,
54-21 the chair of the Committee on House Administration, and the speaker
54-22 of the house.
54-23 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
54-24 Each committee is authorized to request the assistance, when
54-25 needed, of all state departments, agencies, and offices, and it
54-26 shall be the duty of the departments, agencies, and offices to
54-27 assist the committee when requested to do so. Each committee shall
55-1 have the power and authority to inspect the records, documents, and
55-2 files of every state department, agency, and office, to the extent
55-3 necessary to the discharge of its duties within the area of its
55-4 jurisdiction.
55-5 CHAPTER C. COMMITTEE FUNCTIONS
55-6 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
55-7 by subcommittees, are hereby authorized to conduct studies that are
55-8 authorized by the speaker pursuant to Rule 1, Section 17. Studies
55-9 may not be authorized by resolution. The speaker may appoint
55-10 public citizens and officials of state and local governments to
55-11 standing committees to augment the membership for the purpose of
55-12 interim studies and shall provide a list of such appointments to
55-13 the chief clerk. The chair of the standing committee shall have
55-14 authority to name the subcommittees necessary and desirable for the
55-15 conduct of the interim studies and shall also prepare a budget for
55-16 interim studies for approval by the Committee on House
55-17 Administration.
55-18 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
55-19 CALENDAR. No motion is in order in a committee considering a bill,
55-20 resolution, or other matter that would prevent the committee from
55-21 reporting it back to the house or placing it on a calendar in
55-22 accordance with the Rules of the House.
55-23 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
55-24 committee on bills or resolutions referred to it shall be
55-25 considered as final unless it is in the form of a favorable report,
55-26 an unfavorable report, or a report of inability to recommend a
55-27 course of action.
56-1 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
56-2 committee to report favorably or unfavorably must receive
56-3 affirmative majority votes, majority negative votes to either
56-4 motion being insufficient to report. If a committee is unable to
56-5 agree on a recommendation for action, as in the case of a tie vote,
56-6 it should submit a statement of this fact as its report, and the
56-7 house shall decide, by a majority vote, the disposition of the
56-8 matter by one of the following alternatives:
56-9 (1) leave the bill in the committee for further
56-10 consideration;
56-11 (2) refer the bill to some other committee; or
56-12 (3) order the bill printed, in which case the bill
56-13 shall go to the Committee on Calendars for placement on a calendar
56-14 and for proposal of an appropriate rule for house consideration.
56-15 Sec. 28. MINORITY REPORTS. The report of a minority of a
56-16 committee shall be made in the same general form as a majority
56-17 report. No minority report shall be recognized by the house unless
56-18 it has been signed by not less than 4 members of a committee
56-19 consisting of 21 or more members, 3 members of a committee
56-20 consisting of less than 21 members and more than 10 members, or 2
56-21 members of a committee consisting of 10 or less members. Only
56-22 members who were present when the vote was taken on the bill,
56-23 resolution, or other matter being reported, and who voted on the
56-24 losing side, may sign a minority report. Notice of intention to
56-25 file a minority report shall be given to the assembled committee
56-26 after the vote on the bill, resolution, or other matter, and before
56-27 the recess or adjournment of the committee, provided ample
57-1 opportunity is afforded for the giving of notice; otherwise, notice
57-2 may be given in writing to the chief clerk within 24 hours after
57-3 the recess or adjournment of the committee.
57-4 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
57-5 majority report on a bill is unfavorable, and a favorable minority
57-6 report is not signed in accordance with Section 28 of this rule
57-7 and filed with the chief clerk within two calendar days, exclusive
57-8 of Sunday and the date of committee action, the chief clerk shall
57-9 file the bill away as dead; except during the last 15 calendar days
57-10 of a regular session, or the last 7 calendar days of a special
57-11 session, when the chief clerk shall hold a bill only one calendar
57-12 day, exclusive of Sunday and the date of committee action, awaiting
57-13 the filing of a minority report before the bill is filed away as
57-14 dead. If the favorable minority report is properly signed and
57-15 filed, the chief clerk shall hold the bill for five legislative
57-16 days, exclusive of the legislative day in which the minority report
57-17 was filed, awaiting adoption by the house of a motion to print the
57-18 bill on minority report. If the motion to print is carried, the
57-19 bill shall be printed as if it had been reported favorably, and
57-20 shall then be immediately forwarded to the Committee on Calendars
57-21 for placement on a calendar and for proposal of an appropriate
57-22 rule for house consideration. If a motion to print a bill on
57-23 minority report is not made within the five legislative days
57-24 authorized above, the chief clerk shall file the bill away as dead.
57-25 It shall not be in order to move to recommit a bill adversely
57-26 reported with no minority report, except as provided in Section 30
57-27 of this rule. A two-thirds vote of the house shall be required to
58-1 print on minority report a joint resolution proposing an amendment
58-2 to the Constitution of Texas.
58-3 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE AUTHOR.
58-4 No adverse report shall be made on any bill or resolution by any
58-5 committee without first giving the author or sponsor of the bill an
58-6 opportunity to be heard. If it becomes evident to the house that a
58-7 bill has been reported adversely without the author or sponsor
58-8 having had an opportunity to be heard as provided in this section,
58-9 the house may, by a majority vote, order the bill recommitted even
58-10 though no minority report was filed in the manner prescribed by the
58-11 rules. This provision shall have precedence over Rule 7, Section
58-12 20.
58-13 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
58-14 reported adversely, it shall be subject to the same rules that
58-15 govern other bills reported adversely.
58-16 Sec. 32. FORM OF REPORTS. (a) Reports of standing
58-17 committees on bills and resolutions shall be made in duplicate,
58-18 with one copy to be filed with the journal clerk for printing in
58-19 the journal and the other to accompany the original bill.
58-20 (b) All committee reports must be in writing and shall:
58-21 (1) be signed by the chair, or the member acting as
58-22 chair, or a majority of the membership of the committee;
58-23 (2) be addressed to the speaker;
58-24 (3) contain a statement of the recommendations of the
58-25 committee with reference to the matter which is the subject of the
58-26 report;
58-27 (4) contain the date the committee made its
59-1 recommendation;
59-2 (5) indicate whether a copy of a bill or resolution
59-3 was forwarded to the Legislative Budget Board for preparation of a
59-4 fiscal note or other impact statement, if applicable;
59-5 (6) contain the record vote by which the report was
59-6 adopted, including the vote of each member of the committee;
59-7 (7) contain the recommendation that the bill or
59-8 resolution be sent to the Committee on Local and Consent Calendars
59-9 for placement on the local, consent, and resolutions [an
59-10 appropriate] calendar if applicable;
59-11 (8) state the name of the primary house sponsor of all
59-12 senate bills and resolutions and indicate the names of all joint
59-13 sponsors or cosponsors;
59-14 (9) include a summary of the committee hearing on the
59-15 bill or resolution; and
59-16 (10) include a list of the names of the persons, other
59-17 than members of the legislature, and persons or entities
59-18 represented by those persons, who were recognized by the chair to
59-19 address the committee in favor of, in opposition to, or without
59-20 taking a position on the bill or resolution.
59-21 (c) Except for the general appropriations bill, each
59-22 committee report on a bill or joint resolution, including a
59-23 complete committee substitute, and, to the extent considered
59-24 necessary by the committee, a committee report on any other
59-25 resolution, must include in summary form a detailed analysis,
59-26 prepared by the Office of House Bill Analysis, of the subject
59-27 matter of the bill or resolution, specifically including:
60-1 (1) background information on the proposal and
60-2 information on what the bill or resolution proposes to do;
60-3 (2) [what the bill or resolution proposes to do;]
60-4 [(3)] an analysis of the content of the bill or
60-5 resolution;
60-6 (3) [(4)] a statement indicating whether or not any
60-7 rulemaking authority is expressly delegated to a state officer,
60-8 department, agency, or institution, and, if so, identifying the
60-9 sections of the measure in which that rulemaking authority is
60-10 delegated;
60-11 (4) [(5)] a statement of substantial differences
60-12 between a complete committee substitute and the original bill; and
60-13 (5) [(6)] a brief explanation of each amendment
60-14 adopted by the committee.
60-15 (d) It shall be the duty of the committee chair, on all
60-16 matters reported by the committee, to see that all provisions of
60-17 Rule 12 are satisfied. The chair shall strictly construe this
60-18 provision to achieve the desired purposes.
60-19 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
60-20 committee determines that a bill or joint resolution, other than
60-21 the general appropriations bill, authorizes or requires the
60-22 expenditure or diversion of state funds for any purpose, the chair
60-23 shall send a copy of the measure to the Legislative Budget Board
60-24 for the preparation of a fiscal note outlining the fiscal
60-25 implications and probable cost of the measure.
60-26 (b) If the chair of a standing committee determines that a
60-27 bill or joint resolution has statewide impact on units of local
61-1 government of the same type or class and authorizes or requires the
61-2 expenditure or diversion of local funds, or creates or impacts a
61-3 local tax, fee, license charge, or penalty, the chair shall send a
61-4 copy of the measure to the Legislative Budget Board for the
61-5 preparation of a fiscal note outlining the fiscal implications and
61-6 probable cost of the measure.
61-7 (c) In preparing a fiscal note, the director of the
61-8 Legislative Budget Board may utilize information or data supplied
61-9 by any person, agency, organization, or governmental unit that the
61-10 director deems reliable. If the director determines that the fiscal
61-11 implications of the measure cannot be ascertained, the director
61-12 shall so state in the fiscal note, in which case the fiscal note
61-13 shall be in full compliance with the rules. If the director of the
61-14 Legislative Budget Board is unable to acquire or develop sufficient
61-15 information to prepare the fiscal note within 15 days of receiving
61-16 the measure from the chair of a committee, the director shall so
61-17 state in the fiscal note, in which case the note shall be in full
61-18 compliance with the rules.
61-19 (d) If the chair determines that a fiscal note is required,
61-20 copies of the fiscal note must be distributed to the members of the
61-21 committee not later than the first time the measure is laid out in
61-22 a committee meeting. The fiscal note shall be attached to the
61-23 measure on first printing. If the measure is amended by the
61-24 committee so as to alter its fiscal implications, the chair shall
61-25 obtain an updated fiscal note, which shall also be attached to the
61-26 measure on first printing.
61-27 (e) All fiscal notes shall remain with the measure
62-1 throughout the entire legislative process, including submission to
62-2 the governor.
62-3 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
62-4 this section that all members of the house are timely informed as
62-5 to the impact of proposed legislation on the state or other unit of
62-6 government.
62-7 (b) If the chair of a standing committee determines that a
62-8 bill or joint resolution:
62-9 (1) authorizes or requires a change in the sanctions
62-10 applicable to adults convicted of felony crimes, the chair shall
62-11 send a copy of the measure to the Legislative Budget Board for the
62-12 preparation of a criminal justice policy impact statement;
62-13 (2) authorizes or requires a change in the public
62-14 school finance system, the chair shall send a copy of the measure
62-15 to the Legislative Budget Board for the preparation of an equalized
62-16 education funding impact statement;
62-17 (3) proposes to change benefits or participation in
62-18 benefits of a public retirement system or change the financial
62-19 obligations of a public retirement system, the chair shall send a
62-20 copy of the measure to the Legislative Budget Board for the
62-21 preparation of an actuarial impact statement in cooperation with
62-22 the State Pension Review Board;
62-23 (4) proposes to create a water district under the
62-24 authority of Article XVI, Section 59, of the Texas Constitution,
62-25 the chair shall send a copy of the measure to the Legislative
62-26 Budget Board for the preparation of a water development policy
62-27 impact statement; or
63-1 (5) creates or impacts a state tax or fee, the chair
63-2 shall send a copy of the measure to the Legislative Budget Board
63-3 for the preparation of a tax equity note that estimates the general
63-4 effects of the proposal on the distribution of tax and fee burdens
63-5 among individuals and businesses.
63-6 (c) In preparing an impact statement, the director of the
63-7 Legislative Budget Board may utilize information or data supplied
63-8 by any person, agency, organization, or governmental unit that the
63-9 director deems reliable. If the director determines that the
63-10 particular implications of the measure cannot be ascertained, the
63-11 director shall so state in the impact statement, in which case the
63-12 impact statement shall be in full compliance with the rules.
63-13 (d) An impact statement is not required to be present before
63-14 a measure is laid out in a committee meeting. If timely received,
63-15 the impact statement shall be attached to the measure on first
63-16 printing. If the measure is amended by the committee so as to
63-17 alter its particular implications, the chair shall obtain an
63-18 updated impact statement. If timely received, the updated impact
63-19 statement shall also be attached to the measure on first printing.
63-20 (e) An impact statement that is received after the first
63-21 printing of a measure has been distributed to the members shall be
63-22 forwarded by the chair of the committee to the chief clerk. The
63-23 chief clerk shall have the impact statement printed and distributed
63-24 to the members.
63-25 (f) All impact statements received shall remain with the
63-26 measure throughout the entire legislative process, including
63-27 submission to the governor.
64-1 Sec. 35. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
64-2 Committee reports on house and concurrent resolutions shall be made
64-3 in the same manner and shall follow the same procedure as provided
64-4 for bills, subject to any differences otherwise authorized or
64-5 directed by the rules.
64-6 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No action
64-7 by the house is necessary on the report of a standing committee.
64-8 The bill, resolution, or proposition recommended or reported by the
64-9 committee shall automatically be before the house for its
64-10 consideration after the bill or resolution has been referred to the
64-11 appropriate calendars committee for placement on a calendar and for
64-12 proposal of an appropriate rule for house consideration.
64-13 Sec. 37. REFERRAL OF REPORTS TO CHIEF CLERK. All committee
64-14 reports on bills or resolutions shall be immediately referred to
64-15 the chief clerk. The chair of the committee shall be responsible
64-16 for delivery of the report to the chief clerk.
64-17 Sec. 38. DELIVERY OF REPORTS TO CALENDARS COMMITTEES. After
64-18 printing, the chief clerk shall be responsible for delivery of a
64-19 certified copy of the committee report to the appropriate calendars
64-20 committee, which committee shall immediately accept the bill or
64-21 resolution for placement on a calendar and for the proposal of an
64-22 appropriate rule for house consideration.
64-23 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
64-24 power to amend, delete, or change in any way the nature, purpose,
64-25 or content of any bill or resolution referred to it, but may draft
64-26 and recommend amendments to it, which shall become effective only
64-27 if adopted by a majority vote of the house.
65-1 Sec. 40. SUBSTITUTES. The committee may adopt and report a
65-2 complete germane committee substitute containing the title,
65-3 enacting clause, and text of the bill in lieu of an original bill,
65-4 in which event the complete substitute bill on committee report
65-5 shall be laid before the house and shall be the matter then before
65-6 the house for its consideration, instead of the original bill. If
65-7 the substitute bill is defeated at any legislative stage, the bill
65-8 is considered not passed.
65-9 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
65-10 raised that a complete committee substitute is not germane, in
65-11 whole or in part, and the point of order is sustained, the
65-12 committee substitute shall be returned to the Committee on
65-13 Calendars, which may have the original bill printed and distributed
65-14 and placed on a calendar in lieu of the substitute or may return
65-15 the original bill to the committee from which it was reported for
65-16 further action.
65-17 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO REPORT.
65-18 Should the author or sponsor of the bill, resolution, or other
65-19 proposal not be satisfied with the final recommendation or form of
65-20 the committee report, the member shall have the privilege of
65-21 offering on the floor of the house such amendments or changes as he
65-22 or she considers necessary and desirable, and those amendments or
65-23 changes shall be given priority during the periods of time when
65-24 original amendments are in order under the provisions of Rule 11,
65-25 Section 7.
65-26 CHAPTER D. SUBCOMMITTEES
65-27 Sec. 43. JURISDICTION. Each committee is authorized to
66-1 conduct its activities and perform its work through the use of
66-2 subcommittees as shall be determined by the chair of the committee.
66-3 Subcommittees shall be created, organized, and operated in such a
66-4 way that the subject matter and work area of each subcommittee
66-5 shall be homogeneous and shall pertain to related governmental
66-6 activities. The size and jurisdiction of each subcommittee shall
66-7 be determined by the chair of the committee, except that each
66-8 substantive committee, other than the Appropriations Committee,
66-9 shall have a subcommittee for oversight whose responsibility it
66-10 shall be to monitor the operations and performance of the state
66-11 agencies within the jurisdiction of the committee as provided in
66-12 Rule 3. When the subcommittee for oversight has been appointed,
66-13 the chair of the committee shall file a list of the members of the
66-14 subcommittee with the chief clerk.
66-15 Sec. 44. MEMBERSHIP. The chair of each standing committee
66-16 shall appoint from the membership of the committee the members who
66-17 are to serve on each subcommittee, including the subcommittee for
66-18 oversight. Any vacancy on a subcommittee shall be filled by
66-19 appointment of the chair of the standing committee. The chair and
66-20 vice-chair of each subcommittee, including the subcommittee for
66-21 oversight, shall be named by the chair of the committee.
66-22 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of Procedure
66-23 of the House of Representatives, to the extent applicable, shall
66-24 govern the hearings and operations of each subcommittee. Subject
66-25 to the foregoing, and to the extent necessary for orderly
66-26 transaction of business, each subcommittee may promulgate and adopt
66-27 additional rules and procedures by which it will function.
67-1 Sec. 46. QUORUM. A majority of a subcommittee shall
67-2 constitute a quorum, and no action or recommendation of a
67-3 subcommittee shall be valid unless taken at a meeting with a quorum
67-4 actually present. All reports of a subcommittee must be approved
67-5 by record vote by a majority of the membership of the subcommittee.
67-6 Minutes of the subcommittee shall be maintained in a manner similar
67-7 to that required by the rules for standing committees. Proxies
67-8 cannot be used in subcommittees.
67-9 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within the
67-10 area of its jurisdiction, shall have all of the power, authority,
67-11 and rights granted by the Rules of Procedure of the House of
67-12 Representatives to the standing committee, except subpoena power,
67-13 to the extent necessary to discharge the duties and
67-14 responsibilities of the subcommittee.
67-15 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO SUBCOMMITTEE.
67-16 All bills and resolutions referred to a standing committee shall be
67-17 reviewed by the chair to determine appropriate disposition of the
67-18 bills and resolutions. All bills and resolutions shall be
67-19 considered by the entire standing committee unless the chair of
67-20 that standing committee determines to refer the bills and
67-21 resolutions to subcommittee. If a bill or resolution is referred
67-22 by the chair of the standing committee to a subcommittee, it shall
67-23 be considered by the subcommittee in the same form in which the
67-24 measure was referred to the standing committee, and any action
67-25 taken by the standing committee on a proposed amendment or
67-26 committee substitute before a measure is referred to subcommittee
67-27 is therefore voided at the time the measure is referred to
68-1 subcommittee. The subcommittee shall be charged with the duty and
68-2 responsibility of conducting the hearing, doing research, and
68-3 performing such other functions as the subcommittee or its parent
68-4 standing committee may determine. All meetings of the subcommittee
68-5 shall be scheduled by the subcommittee chair, with appropriate
68-6 public notice and notification of each member of the subcommittee
68-7 under the same rules of procedure as govern the conduct of the
68-8 standing committee.
68-9 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
68-10 deliberations on a bill, resolution, or other matter referred to
68-11 it, the subcommittee shall prepare a written report, comprehensive
68-12 in nature, for submission to the full committee. The report shall
68-13 include background material as well as recommended action and shall
68-14 be accompanied by a complete draft of the bill, resolution, or
68-15 other proposal in such form as the subcommittee shall determine.
68-16 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
68-17 reports shall be directed to the chair of the committee, who shall
68-18 schedule meetings of the standing committee from time to time as
68-19 necessary and appropriate for the reception of subcommittee reports
68-20 and for action on reports by the standing committee. No
68-21 subcommittee report shall be scheduled for action by the standing
68-22 committee until at least 48 hours after a copy of the subcommittee
68-23 report is provided to each member of the standing committee.
68-24 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
68-25 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE HOUSE.
68-26 The house may resolve itself into a committee of the whole house to
68-27 consider any matter referred to it by the house. In forming a
69-1 committee of the whole house, the speaker shall vacate the chair
69-2 and shall appoint a chair to preside in committee.
69-3 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
69-4 the proceedings of the house and those governing committees shall
69-5 be observed in committees of the whole, to the extent that they are
69-6 applicable.
69-7 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE WHOLE.
69-8 (a) It shall be in order to move a call of the committee of the
69-9 whole at any time to secure and maintain a quorum for the following
69-10 purposes:
69-11 (1) for the consideration of a certain or specific
69-12 matter; or
69-13 (2) for a definite period of time; or
69-14 (3) for the consideration of any designated class of
69-15 bills.
69-16 (b) When a call of the committee of the whole is moved and
69-17 seconded by 10 members, of whom the chair may be one, and is
69-18 ordered by majority vote, the main entrance of the hall and all
69-19 other doors leading out of the hall shall be locked, and no member
69-20 shall be permitted to leave the hall without written permission.
69-21 Other proceedings under a call of the committee shall be the same
69-22 as under a call of the house.
69-23 Sec. 54. HANDLING OF A BILL. A bill committed to a
69-24 committee of the whole house shall be handled in the same manner as
69-25 in any other committee. The body of the bill shall not be defaced
69-26 or interlined, but all amendments shall be duly endorsed by the
69-27 chief clerk as they are adopted by the committee, and so reported
70-1 to the house. When a bill is reported by the committee of the
70-2 whole house it shall be referred immediately to the appropriate
70-3 calendars committee for placement on the appropriate calendar and
70-4 shall follow the same procedure as any other bill on committee
70-5 report.
70-6 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
70-7 event that the committee of the whole, at any sitting, fails to
70-8 complete its work on any bill or resolution under consideration for
70-9 lack of time, or desires to take any action on that measure that is
70-10 permitted under the rules for other committees, it may, on a motion
70-11 made and adopted by majority vote, rise, report progress, and ask
70-12 leave of the house to sit again generally, or at a time certain.
70-13 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
70-14 committees made during a session shall be filed with the chief
70-15 clerk and printed in the journal, unless otherwise determined by
70-16 the house.
70-17 CHAPTER F. INTERIM STUDY COMMITTEES
70-18 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
70-19 the speaker may create interim study committees to conduct studies
70-20 by issuing a proclamation for each committee, which shall specify
70-21 the issue to be studied, committee membership, and any additional
70-22 authority and duties. A copy of each proclamation creating an
70-23 interim study committee shall be filed with the chief clerk. An
70-24 interim study committee expires on release of its final report or
70-25 when the next legislature convenes, whichever is earlier. An
70-26 interim study committee may not be created by resolution.
70-27 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
71-1 appoint all members of an interim study committee, which may
71-2 include public citizens and officials of state and local
71-3 governments. The speaker shall also designate the chair and
71-4 vice-chair and may authorize the chair to create subcommittees and
71-5 appoint citizen advisory committees.
71-6 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
71-7 the proceedings of the house and those governing standing
71-8 committees shall be observed by an interim study committee, to the
71-9 extent that they are applicable. An interim study committee shall
71-10 have the power to issue process and to request assistance of state
71-11 agencies as provided for a standing committee in Sections 21, 22,
71-12 and 23 of this rule.
71-13 Sec. 60. FUNDING AND STAFF. An interim study committee
71-14 shall use existing staff resources of its members, standing
71-15 committees, house offices, and legislative service agencies. The
71-16 chair of an interim study committee shall prepare a detailed
71-17 budget for approval by the speaker and the Committee on House
71-18 Administration. An interim study committee may accept gifts,
71-19 grants, and donations for the purpose of funding its activities as
71-20 provided by Sections 301.032(b) and (c), Government Code.
71-21 Sec. 61. STUDY REPORTS. The final report or recommendations
71-22 of an interim study committee shall be approved by a majority of
71-23 the committee membership. Dissenting members may attach statements
71-24 to the final report. Five copies of the report shall be submitted
71-25 to the speaker; 50 copies shall be provided to House Bill
71-26 Distribution for sale at cost; and 75 copies shall be provided to
71-27 the chief clerk, who shall make the appropriate distribution to the
72-1 Legislative Reference Library and state library and archives. This
72-2 section shall also apply to interim study reports of standing
72-3 committees.
72-4 Sec. 62. JOINT HOUSE AND SENATE INTERIM STUDIES. Procedures
72-5 may be established by a concurrent resolution adopted by both
72-6 houses, by which the speaker may authorize and appoint, jointly
72-7 with the senate, committees to conduct interim studies. A copy of
72-8 the authorization for and the appointments to a joint interim study
72-9 committee shall be filed with the chief clerk. Individual joint
72-10 interim study committees may not be authorized or created by
72-11 resolution.
72-12 RULE 5. FLOOR PROCEDURE
72-13 CHAPTER A. QUORUM AND ATTENDANCE
72-14 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
72-15 quorum to do business.
72-16 Sec. 2. ROLL CALLS. On every roll call or registration, the
72-17 names of the members shall be called or listed, as the case may be,
72-18 alphabetically by surname, except when two or more have the same
72-19 surname, in which case the initials of the members shall be
72-20 added.
72-21 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
72-22 from the sessions of the house without leave, and no member shall
72-23 be excused on his or her own motion.
72-24 (b) A leave of absence may be granted by a majority vote of
72-25 the house and may be revoked at any time by a similar vote.
72-26 (c) Any member granted a leave of absence due to a meeting
72-27 of a committee or conference committee that has authority to meet
73-1 while the house is in session shall be so designated on each roll
73-2 call or registration for which that member is excused.
73-3 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
73-4 present and fails or refuses to record on a roll call after being
73-5 requested to do so by the speaker shall be recorded as present by
73-6 the speaker and shall be counted for the purpose of making a
73-7 quorum.
73-8 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
73-9 order of "No Quorum" shall not be accepted by the chair if the last
73-10 roll call showed the presence of a quorum, provided the last roll
73-11 call was taken within two hours of the time the point of order is
73-12 raised.
73-13 (b) If the last roll call was taken more than two hours
73-14 before the point of order is raised, it shall be in order for the
73-15 member who raised the point of order to request a roll call. Such
73-16 a request must be seconded by 25 members. If the request for a
73-17 roll call is properly seconded, the chair shall order a roll call.
73-18 (c) Once a point of order has been made that a quorum is not
73-19 present, it may not be withdrawn after the absence of a quorum has
73-20 been ascertained and announced.
73-21 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
73-22 registration or record vote reveals that a quorum is not present,
73-23 only a motion to adjourn or a motion for a call of the house and
73-24 the motions incidental thereto shall be in order.
73-25 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
73-26 to move a call of the house at any time to secure and maintain a
73-27 quorum for one of the following purposes:
74-1 (1) for the consideration of a specific bill,
74-2 resolution, motion, or other measure;
74-3 (2) for the consideration of any designated class of
74-4 bills; or
74-5 (3) for a definite period of time.
74-6 Motions for, and incidental to, a call of the house are not
74-7 debatable.
74-8 Sec. 8. SECURING A QUORUM. When a call of the house is
74-9 moved for one of the above purposes and seconded by 15 members (of
74-10 whom the speaker may be one) and ordered by a majority vote, the
74-11 main entrance to the hall and all other doors leading out of the
74-12 hall shall be locked and no member permitted to leave the house
74-13 without the written permission of the speaker. The names of
74-14 members present shall be recorded. All absentees for whom no
74-15 sufficient excuse is made may, by order of a majority of those
74-16 present, be sent for and arrested, wherever they may be found, by
74-17 the sergeant-at-arms or an officer appointed by the
74-18 sergeant-at-arms for that purpose, and their attendance shall be
74-19 secured and retained. The house shall determine on what conditions
74-20 they shall be discharged. Members who voluntarily appear shall,
74-21 unless the house otherwise directs, be immediately admitted to the
74-22 hall of the house and shall report their names to the clerk to be
74-23 entered in the journal as present.
74-24 Until a quorum appears, should the roll call fail to show one
74-25 present, no business shall be transacted, except to compel the
74-26 attendance of absent members or to adjourn. It shall not be in
74-27 order to recess under a call of the house.
75-1 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
75-2 shown to be present, the house may proceed with the matters on
75-3 which the call was ordered, or may enforce the call and await the
75-4 attendance of as many of the absentees as it desires. When the
75-5 house proceeds to the business on which the call was ordered, it
75-6 may, by a majority vote, direct the sergeant-at-arms to cease
75-7 bringing in absent members.
75-8 Sec. 10. REPEATING A RECORD VOTE. When a record vote
75-9 reveals the lack of a quorum, and a call is ordered to secure one,
75-10 a record vote shall again be taken when the house resumes business
75-11 with a quorum present.
75-12 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
75-13 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
75-14 persons shall be entitled to the privileges of the floor of the
75-15 house when the house is in session: members of the house;
75-16 employees of the house when performing their official duties as
75-17 determined by the Committee on House Administration; members of the
75-18 senate; employees of the senate when performing their official
75-19 duties; the Governor of Texas and the governor's executive and
75-20 administrative assistant; the lieutenant governor; the secretary of
75-21 state; duly accredited reporters, photographers, correspondents,
75-22 and commentators of press, radio, and television who have complied
75-23 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
75-24 election cases pending before the house; and immediate families of
75-25 the members of the legislature on such special occasions as may be
75-26 determined by the Committee on House Administration.
75-27 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
76-1 persons shall be admitted to the area on the floor of the house
76-2 enclosed by the railing when the house is in session: members of
76-3 the house; members of the senate; the governor; the lieutenant
76-4 governor; officers and employees of the senate and house when those
76-5 officers and employees are actually engaged in performing their
76-6 official duties as determined by the Committee on House
76-7 Administration; spouses of members of the house on such occasions
76-8 as may be determined by the Committee on House Administration; and,
76-9 within the area specifically designated for media
76-10 representatives, duly accredited reporters, photographers,
76-11 correspondents, and commentators of press, radio, and television
76-12 who have complied with Sections 20(a), (b), (c), and (d) of this
76-13 rule.
76-14 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
76-15 and collectors shall not be admitted to the floor of the house
76-16 while the house is in session.
76-17 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
76-18 invite a person to address the house while it is in session shall
76-19 be in order only if the person invited is entitled to the
76-20 privileges of the floor as defined by Section 11 of this rule and
76-21 if no business is pending before the house.
76-22 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
76-23 a member of the legislature, who is lobbying or working for or
76-24 against any pending or prospective legislative measure shall be
76-25 permitted on the floor of the house or in the adjacent rooms while
76-26 the house is in session.
76-27 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
77-1 admitted to the floor of the house under the rules, except the
77-2 governor or a member of the legislature, lobbies or works for or
77-3 against any pending or prospective legislation or violates any of
77-4 the other rules of the house, the privileges extended to that
77-5 person under the rules shall be suspended by a majority vote of the
77-6 Committee on House Administration. The action of the committee
77-7 shall be reviewable by the house only if two members of the
77-8 committee request an appeal from the decision of the committee.
77-9 The request shall be in the form of a minority report and shall be
77-10 subject to the same rules that are applicable to minority reports
77-11 on bills. Suspension shall remain in force until the accused
77-12 person purges himself or herself and comes within the rules, or
77-13 until the house, by majority vote, reverses the action of the
77-14 committee.
77-15 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
77-16 persons shall be admitted to the members lounge at any
77-17 time: members of the house; members of the senate; and former
77-18 members of the house and senate who are not engaged in any form of
77-19 employment requiring them to lobby or work for or against any
77-20 pending or prospective legislative measures.
77-21 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
77-22 shall be the duty of the Committee on House Administration to
77-23 determine what duties are to be discharged by officers and
77-24 employees of the house on the floor of the house, specifically in
77-25 the area enclosed by the railing, when the house is in session. It
77-26 shall be the duty of the speaker to see that the officers and
77-27 employees do not violate the regulations promulgated by the
78-1 Committee on House Administration.
78-2 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
78-3 allowed to remain in, the house chamber while the house is in
78-4 session unless properly attired, and all gentlemen shall wear a
78-5 coat and tie. Food or beverage shall not be permitted in the house
78-6 chamber at any time, and no person carrying food or beverage shall
78-7 be admitted to the chamber, whether the house is in session or in
78-8 recess. Reading newspapers shall not be permitted in the house
78-9 chamber while the house is in session.
78-10 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
78-11 is in session, no media representative shall be admitted to the
78-12 floor of the house or allowed its privileges unless the person is a
78-13 salaried staff correspondent, reporter, or photographer regularly
78-14 employed by a newspaper, a press association or news service
78-15 serving newspapers, a publication requiring telegraphic coverage,
78-16 or a duly licensed radio or television station or network.
78-17 (b) Any media representative seeking admission to the floor
78-18 of the house under the provisions of Subsection (a) of this section
78-19 must present to the Committee on House Administration fully
78-20 accredited credentials from his or her employer certifying that the
78-21 media representative is engaged primarily in reporting the sessions
78-22 of the legislature. Regularly accredited media representatives who
78-23 have duly qualified under the provisions of this section may, when
78-24 requested to do so, make recommendations through their professional
78-25 committees to the Committee on House Administration as to the
78-26 sufficiency or insufficiency of the credentials of any person
78-27 seeking admission to the floor of the house under this section.
79-1 Every media representative, before being admitted to the
79-2 floor of the house during its sessions, shall file with the
79-3 Committee on House Administration a written statement showing the
79-4 paper or papers, press association, news service, publication
79-5 requiring telegraphic coverage, or radio or television station or
79-6 network which he or she represents and certifying that no part of
79-7 his or her salary for legislative coverage is paid by any person,
79-8 firm, corporation, or association except the listed news media
79-9 which he or she represents.
79-10 (c) If the Committee on House Administration determines that
79-11 a person's media credentials meet the requirements of this section,
79-12 the committee shall [so notify the speaker of the house in writing,
79-13 and the speaker shall] issue a pass card to the person. This pass
79-14 card must be presented to the doorkeeper each time the person seeks
79-15 admission to the floor of the house while the house is in session.
79-16 Pass cards issued under this section shall not be transferable.
79-17 Persons admitted to the floor of the house pursuant to the
79-18 provisions of this section shall work in appropriate convenient
79-19 seats or work stations in the house, which shall be designated for
79-20 that purpose by the Committee on House Administration.
79-21 (d) [Media representatives who are admitted to the floor of
79-22 the house when the house is in session shall confine their
79-23 activities within the railing to very brief inquiries, brief,
79-24 nonilluminated photographic contacts, and brief contacts to arrange
79-25 interviews and press conferences with members of the house.]
79-26 Members of the house shall not engage in interviews and press
79-27 conferences on the house floor while the house is in session. The
80-1 Committee on House Administration is authorized to enforce this
80-2 provision and to prescribe such other regulations as may be
80-3 necessary and desirable to achieve these purposes. Persons
80-4 governed by this subsection shall be subject to the provisions of
80-5 Section 15 of this rule.
80-6 (e) Permission to make live or recorded television or radio
80-7 broadcasts in or from the house chamber while the house is in
80-8 session may be granted only by the Committee on House
80-9 Administration. The committee shall promulgate regulations
80-10 governing television or radio broadcasts, and such regulations
80-11 shall be printed as an addendum to the rules of the house. When
80-12 television or radio broadcasts from the floor of the house are
80-13 recommended by the Committee on House Administration, the
80-14 recommendation shall identify those persons in the technical crews
80-15 to whom pass cards to the floor of the house and galleries are to
80-16 be issued [by the speaker]. Passes granted under this authority
80-17 shall be subject to revocation on the recommendation of the
80-18 Committee on House Administration. Each committee of the house
80-19 shall have authority to determine whether or not to permit
80-20 television or radio broadcasts of any of its proceedings.
80-21 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
80-22 HOUSE CHAMBER. When the house is not in session, the floor of the
80-23 house shall remain open on days and hours determined by the
80-24 Committee on House Administration. By resolution, the house may
80-25 open the floor of the house during its sessions for the
80-26 inauguration of the governor and lieutenant governor and for such
80-27 other public ceremonies as may be deemed warranted.
81-1 CHAPTER C. SPEAKING AND DEBATE
81-2 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
81-3 speak or deliver any matter to the house, the member shall rise and
81-4 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
81-5 on being recognized, may address the house from the microphone at
81-6 the reading clerk's desk, and shall confine all remarks to the
81-7 question under debate, avoiding personalities.
81-8 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
81-9 members rise at once, the speaker shall name the one who is to
81-10 speak first. This decision shall be final and not open to debate
81-11 or appeal.
81-12 Sec. 24. RECOGNITION. There shall be no appeal from the
81-13 speaker's recognition, but the speaker shall be governed by rules
81-14 and usage in priority of entertaining motions from the floor. When
81-15 a member seeks recognition, the speaker may ask, "For what purpose
81-16 does the member rise?" or "For what purpose does the member seek
81-17 recognition?" and may then decide if recognition is to be
81-18 granted.
81-19 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
81-20 member who has the floor shall not be interrupted by another member
81-21 for any purpose, unless he or she consents to yield to the other
81-22 member. A member desiring to interrupt another in debate should
81-23 first address the speaker for the permission of the member
81-24 speaking. The speaker shall then ask the member who has the floor
81-25 if he or she wishes to yield, and then announce the decision of
81-26 that member. The member who has the floor may exercise personal
81-27 discretion as to whether or not to yield, and it is entirely within
82-1 the member's discretion to determine who shall interrupt and when.
82-2 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
82-3 on recognition of the speaker may not be taken off the floor by a
82-4 motion, even the highly privileged motion to adjourn, but if the
82-5 member yields to another to make a motion or to offer an amendment,
82-6 he or she thereby loses the floor.
82-7 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
82-8 proposition, or the member reporting any measure from a committee,
82-9 or, in the absence of either of them, any other member designated
82-10 by such absentee, shall have the right to open and close the
82-11 debate, and for this purpose may speak each time not more than 20
82-12 minutes.
82-13 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
82-14 limited to 10 minutes in duration, except as provided in Section 27
82-15 of this rule, and the speaker shall call the members to order at
82-16 the expiration of their time. If the house by a majority vote
82-17 extends the time of any member, the extension shall be for 10
82-18 minutes only. A second extension of time shall be granted only by
82-19 unanimous consent. During the last 10 calendar days of the regular
82-20 session, and the last 5 calendar days of a special session, Sundays
82-21 excepted, all speeches shall be limited to 10 minutes and shall not
82-22 be extended. The time limits established by this rule shall
82-23 include time consumed in yielding to questions from the floor.
82-24 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
82-25 speak more than twice on the same question without leave of the
82-26 house, nor more than once until every member choosing to speak has
82-27 spoken, nor shall any member be permitted to consume the time of
83-1 another member without leave of the house being given by a majority
83-2 vote.
83-3 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
83-4 pending question is not disposed of because of an adjournment of
83-5 the house, a member who has spoken twice on the subject shall not
83-6 be allowed to speak again without leave of the house.
83-7 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
83-8 a paper is called for, and objection is made, the matter shall be
83-9 determined by a majority vote of the house, without debate.
83-10 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
83-11 person shall pass between the front and back microphones during
83-12 debate or when a member has the floor and is addressing the house.
83-13 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
83-14 member, in speaking or otherwise, transgresses the rules of the
83-15 house, the speaker shall, or any member may, call the member to
83-16 order, in which case the member so called to order shall
83-17 immediately be seated; however, that member may move for an appeal
83-18 to the house, and if appeal is duly seconded by 10 members, the
83-19 matter shall be submitted to the house for decision by majority
83-20 vote. In such cases, the speaker shall not be required to
83-21 relinquish the chair, as is required in cases of appeals from the
83-22 speaker's decisions. The house shall, if appealed to, decide the
83-23 matter without debate. If the decision is in favor of the member
83-24 called to order, the member shall be at liberty to proceed; but if
83-25 the decision is against the member, he or she shall not be allowed
83-26 to proceed, and, if the case requires it, shall be liable to the
83-27 censure of the house, or such other punishment as the house may
84-1 consider proper.
84-2 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
84-3 proceedings of the house of representatives shall be electronically
84-4 recorded under the direction of the Committee on House
84-5 Administration. Copies of the proceedings may be released under
84-6 guidelines promulgated by the Committee on House Administration.
84-7 CHAPTER D. QUESTIONS OF PRIVILEGE
84-8 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
84-9 privilege shall be:
84-10 (1) those affecting the rights of the house
84-11 collectively, its safety and dignity, and the integrity of its
84-12 proceedings; and
84-13 (2) those affecting the rights, reputation, and
84-14 conduct of members individually in their representative capacity
84-15 only.
84-16 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
84-17 privilege shall have precedence over all other questions except
84-18 motions to adjourn. When in order, a member may address the house
84-19 on a question of privilege, or may at any time print it in the
84-20 journal, provided it contains no reflection on any member of the
84-21 house.
84-22 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
84-23 not be in order for a member to address the house on a question of
84-24 privilege:
84-25 (1) between the time an undebatable motion is offered
84-26 and the vote is taken on the motion;
84-27 (2) between the time the previous question is ordered
85-1 and the vote is taken on the last proposition included under the
85-2 previous question; or
85-3 (3) between the time a motion to table is offered and
85-4 the vote is taken on the motion.
85-5 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
85-6 speaking on privilege, members must confine their remarks within
85-7 the limits of Section 35 of this rule, which will be strictly
85-8 construed to achieve the purposes hereof.
85-9 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
85-10 of a main or subsidiary motion shall not be discussed or debated
85-11 under the guise of speaking to a question of privilege.
85-12 CHAPTER E. VOTING
85-13 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
85-14 votes, except viva voce votes, members shall record their votes on
85-15 the voting machine and shall not be recognized by the chair to cast
85-16 their votes from the floor. If a member attempts to vote from the
85-17 floor, the speaker shall sustain a point of order directed against
85-18 the member's so doing. This rule shall not be applicable to the
85-19 mover or the principal opponent of the proposition being voted on
85-20 nor to a member whose voting machine is out of order.
85-21 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
85-22 registration or vote taken on the voting machine of the house shall
85-23 in all instances be considered the equivalent of a roll call or yea
85-24 and nay vote, which might be had for the same purpose.
85-25 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
85-26 member who has a personal or private interest in any measure or
85-27 bill proposed or pending before the house shall disclose the fact
86-1 and not vote thereon.
86-2 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
86-3 house, a quorum being present, the question shall be divided, if it
86-4 includes propositions so distinct in substance that, one being
86-5 taken away, a substantive proposition remains. A motion for a
86-6 division vote cannot be made after the previous question has been
86-7 ordered, after a motion to table has been offered, after the
86-8 question has been put, nor after the yeas and nays have been
86-9 ordered. Under this subsection, the speaker may divide the
86-10 question into groups of propositions that are closely related.
86-11 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
86-12 present and fails or refuses to vote after being requested to do so
86-13 by the speaker shall be recorded as present but not voting, and
86-14 shall be counted for the purpose of making a quorum.
86-15 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
86-16 member must be on the floor of the house or in an adjacent room or
86-17 hallway on the same level as the house floor, in order to vote.
86-18 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
86-19 each calendar day in which the house is in session, it shall be the
86-20 duty of the voting clerk to lock the voting machine of each member
86-21 who is excused or who is otherwise known to be absent. Each such
86-22 machine shall remain locked until the member in person contacts the
86-23 journal clerk and personally requests the unlocking of the machine.
86-24 Unless otherwise directed by the speaker, the voting clerk shall
86-25 not unlock any machine except at the personal request of the member
86-26 to whom the machine is assigned. Any violation, or any attempt by
86-27 a member or employee to circumvent the letter or spirit of this
87-1 section, shall be reported immediately to the speaker for such
87-2 disciplinary action by the speaker, or by the house, as may be
87-3 warranted under the circumstances.
87-4 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
87-5 by the house of knowingly voting for another member on the voting
87-6 machine shall be subject to discipline deemed appropriate by the
87-7 house.
87-8 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
87-9 begun, it may not be interrupted for any reason. While a yea and
87-10 nay vote is being taken, or the vote is being counted, no member
87-11 shall visit the reading clerk's desk or the voting clerk's desk.
87-12 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
87-13 allowed to interrupt the vote or to make any explanation of a vote
87-14 that the member is about to give after the voting machine has been
87-15 opened, but may record in the journal the reasons for giving such a
87-16 vote.
87-17 (b) A "Reason for Vote" must be in writing and filed with
87-18 the journal clerk. If timely received, the "Reason for Vote" shall
87-19 be printed immediately following the results of the vote in the
87-20 journal. Otherwise, "Reasons for Vote" shall be printed in a
87-21 separate section at the end of the journal for the day on which the
87-22 reasons were recorded with the journal clerk. Such "Reason for
87-23 Vote" shall not deal in personalities or contain any personal
87-24 reflection on any member of the legislature, the speaker, the
87-25 lieutenant governor, or the governor, and shall not in any other
87-26 manner transgress the rules of the house relating to decorum and
87-27 debate.
88-1 (c) A member absent when a vote was taken may file with the
88-2 journal clerk while the house is in session a statement of how the
88-3 member would have voted if present. If timely received, the
88-4 statement shall be printed immediately following the results of the
88-5 vote in the journal. Otherwise, statements shall be printed in a
88-6 separate section at the end of the journal for the day on which the
88-7 statements were recorded with the journal clerk.
88-8 Sec. 50. PAIRS. All pairs must be announced before the vote
88-9 is declared by the speaker, and a written statement sent to the
88-10 journal clerk. The statement must be signed by the absent member
88-11 to the pair, or the member's signature must have been authorized in
88-12 writing, by telegraph, or by telephone, and satisfactory evidence
88-13 presented to the speaker if deemed necessary. If authorized by
88-14 telephone, the call must be to and confirmed by the chief clerk in
88-15 advance of the vote to which it applies. Pairs shall be entered in
88-16 the journal, and the member present shall be counted to make a
88-17 quorum.
88-18 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
88-19 desire of any three members present, the yeas and nays of the
88-20 members of the house on any question shall be taken and entered in
88-21 the journal. No member or members shall be allowed to call for a
88-22 yea and nay vote after a vote has been declared by the speaker. A
88-23 motion to expunge a yea and nay vote from the journal shall not be
88-24 in order.
88-25 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
88-26 votes members may have their votes recorded in the journal as "yea"
88-27 or "nay" by filing such information with the journal clerk before
89-1 [within 1 hour of the time the results are announced by the chair
89-2 but not after] adjournment or recess to another calendar day.
89-3 Sec. 53. CHANGING A VOTE. Before the result of a vote has
89-4 been finally and conclusively pronounced by the chair, but not
89-5 thereafter, a member may change his or her vote; however, if a
89-6 member's vote is erroneous, the member shall be allowed to change
89-7 that vote at a later time provided:
89-8 (1) the result of the record vote is not changed
89-9 thereby;
89-10 (2) the request is made known to the house by the
89-11 chair and permission for the change is granted by unanimous
89-12 consent; and
89-13 (3) a notation is made in the journal that the
89-14 member's vote was changed.
89-15 Sec. 54. TIE VOTE. All matters on which a vote may be taken
89-16 by the house shall require for adoption a favorable affirmative
89-17 vote as required by these rules, and in the case of a tie vote, the
89-18 matter shall be considered lost.
89-19 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
89-20 result of a yea and nay vote is close, the speaker may on the
89-21 request of any member order a verification vote, or the speaker may
89-22 order a verification on his or her own initiative. During
89-23 verification, no member shall change a vote unless it was
89-24 erroneously recorded, nor may any member not having voted cast a
89-25 vote; however, when the clerk errs in reporting the yeas and nays,
89-26 and correction thereof leaves decisive effect to the speaker's
89-27 vote, the speaker may exercise the right to vote, even though the
90-1 result has been announced. A verification shall be called for
90-2 immediately after the vote is announced. The speaker shall not
90-3 entertain a request for verification after the house has proceeded
90-4 to the next question, or after a recess or an adjournment. A vote
90-5 to recess or adjourn, like any other proposition, may be verified.
90-6 Only one vote verification can be pending at a time. A
90-7 verification may be dispensed with by a two-thirds vote.
90-8 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
90-9 allow the verification of a registration (as differentiated from a
90-10 record vote) if in the speaker's opinion there is serious doubt as
90-11 to the presence of a quorum.
90-12 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
90-13 VERIFICATION. A motion for a call of the house, and all incidental
90-14 motions relating to it, shall be in order pending the verification
90-15 of a vote. These motions must be made before the roll call on
90-16 verification begins, and it shall not be in order to break into the
90-17 roll call to make them.
90-18 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
90-19 If, by an error of the voting clerk or reading clerk in reporting
90-20 the yeas and nays from a registration or verification, the speaker
90-21 announces a result different from that shown by the registration or
90-22 verification, the status of the question shall be determined by the
90-23 vote as actually recorded. If the vote is erroneously announced in
90-24 such a way as to change the true result, all subsequent proceedings
90-25 in connection therewith shall fail, and the journal shall be
90-26 amended accordingly.
90-27 RULE 6. ORDER OF BUSINESS AND CALENDARS
91-1 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
91-2 convenes on a new legislative day, the daily order of business
91-3 shall be as follows:
91-4 (1) Call to order by speaker.
91-5 (2) Registration of members.
91-6 (3) Prayer by chaplain, unless the invocation has been
91-7 given previously on the particular calendar day.
91-8 (4) Excuses for absence of members and officers.
91-9 (5) First reading and reference to committee of bills
91-10 filed with the chief clerk; and motions to introduce bills, when
91-11 such motions are required.
91-12 (6) Requests to print bills and other papers; requests
91-13 of committees for further time to consider papers referred to them;
91-14 and all other routine motions and business not otherwise provided
91-15 for, all of which shall be undebatable except that the mover and
91-16 one opponent of the motion shall be allowed three minutes each.
91-17 The mover of a routine motion shall be allowed his or her
91-18 choice of making the opening or the closing speech under this rule.
91-19 If the house, under a suspension of the rules, extends the time of
91-20 a member under this rule, such extensions shall be for three
91-21 minutes. Subsidiary motions that are applicable to routine motions
91-22 shall be in order, but the makers of such subsidiary motions shall
91-23 not be entitled to speak thereon in the routine motion period, nor
91-24 shall the authors of the original routine motions be allowed any
91-25 additional time because of subsidiary motions.
91-26 (7) Unfinished business.
91-27 (8) Postponed matters to be laid before the house in
92-1 accordance with Rule 7, Section 15.
92-2 (9) Calendars of the house in their order of priority
92-3 in accordance with Section 7 of this rule, unless a different order
92-4 is determined under other provisions of these rules.
92-5 (b) When the house reconvenes for the first time on a new
92-6 calendar day following a recess, the daily order of business shall
92-7 be:
92-8 (1) Call to order by the speaker.
92-9 (2) Registration of members.
92-10 (3) Prayer by the chaplain.
92-11 (4) Excuses for absence of members and officers.
92-12 (5) Pending business.
92-13 (6) Calendars of the house in their order of priority
92-14 in accordance with Section 7 of this rule, unless a different order
92-15 is determined under other provisions of these rules.
92-16 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
92-17 measure may on any day be made a special order for the same day or
92-18 for a future day of the session by an affirmative vote of
92-19 two-thirds of the members present. A motion to set a special order
92-20 shall be subject to the three-minute pro and con debate rule. When
92-21 once established as a special order, a bill, resolution, or other
92-22 measure shall be considered from day to day until disposed of; and
92-23 until it has been disposed of, no further special orders shall be
92-24 made.
92-25 A three-fourths vote of the members present shall be required
92-26 to suspend the portion of this rule which specifies that only one
92-27 special order may be made and pending at a time.
93-1 (b) After the first six items under the daily order of
93-2 business for a legislative day have been passed, a special order
93-3 shall have precedence when the hour for its consideration has
93-4 arrived, except as provided in Section 9 of this rule.
93-5 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
93-6 may be postponed to a day certain by a two-thirds vote of those
93-7 present, and when so postponed, shall be considered as disposed of
93-8 so far as its place as a special order is concerned.
93-9 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
93-10 resolution laid on the table subject to call may be made a special
93-11 order.
93-12 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
93-13 motion is pending to set a particular bill or resolution as a
93-14 special order, it shall not be in order to move as a substitute to
93-15 set another bill or resolution as a special order. It shall be in
93-16 order, however, to substitute, by majority vote, a different time
93-17 for the special order consideration than that given in the original
93-18 motion.
93-19 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
93-20 If a member moves to set a bill or joint resolution as a special
93-21 order, or moves to suspend the rules to take up a bill or joint
93-22 resolution out of its regular order, and the motion prevails, the
93-23 member shall not have the right to make either of these motions
93-24 again until every other member has had an opportunity, via either
93-25 of these motions, to have some bill or joint resolution considered
93-26 out of its regular order during that session of the legislature. A
93-27 member shall not lose the suspension privilege if the motion to
94-1 suspend or set for special order does not prevail.
94-2 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
94-3 the house shall be controlled by a system of calendars, consisting
94-4 of the following:
94-5 (1) EMERGENCY CALENDAR, on which shall appear bills
94-6 considered to be of such pressing and imperative import as to
94-7 demand immediate action, bills to raise revenue and levy taxes,
94-8 and the general appropriations bill. A bill submitted as an
94-9 emergency matter by the governor may also be placed on this
94-10 calendar.
94-11 (2) MAJOR STATE CALENDAR, on which shall appear bills
94-12 of statewide effect, not emergency in nature, which establish or
94-13 change state policy in a major field of governmental activity and
94-14 which will have a major impact in application throughout the state
94-15 without regard to class, area, or other limiting factors.
94-16 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
94-17 appear joint resolutions proposing amendments to the Texas
94-18 Constitution, joint resolutions proposing the ratification of
94-19 amendments to the Constitution of the United States, and joint
94-20 resolutions applying to Congress for a convention to amend the
94-21 Constitution of the United States.
94-22 (4) GENERAL STATE CALENDAR, on which shall appear
94-23 bills of statewide effect, not emergency in nature, which establish
94-24 or change state law and which have application to all areas but are
94-25 limited in legal effect by classification or other factors which
94-26 minimize the impact to something less than major state policy, and
94-27 bills, not emergency in nature, which are not on the [a] local,
95-1 consent, and resolutions [or consent] calendar.
95-2 (5) [LOCAL CALENDAR, on which shall appear local
95-3 bills, not emergency in nature, as defined by Rule 8, Section
95-4 10(c), and which have been recommended by the appropriate standing
95-5 committee for placement on an appropriate calendar by the
95-6 Committee on Local and Consent Calendars.]
95-7 [(6)] LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on
95-8 which shall appear bills, house resolutions, and concurrent
95-9 resolutions, not emergency in nature, regardless of extent and
95-10 scope, on which there is such general agreement as to render
95-11 improbable any opposition to the consideration and passage thereof,
95-12 and which have been recommended by the appropriate standing
95-13 committee for placement on the local, consent, and resolutions [an
95-14 appropriate] calendar by the Committee on Local and Consent
95-15 Calendars.
95-16 (6) [(7)] RESOLUTIONS CALENDAR, on which shall appear
95-17 house resolutions and concurrent resolutions, not emergency in
95-18 nature and not privileged.
95-19 (7) [(8)] CONGRATULATORY AND MEMORIAL RESOLUTIONS
95-20 CALENDAR, on which shall appear congratulatory and memorial
95-21 resolutions whose sole intent is to congratulate, memorialize, or
95-22 otherwise express concern or commendation. The Committee on Rules
95-23 and Resolutions may provide separate categories for congratulatory
95-24 and memorial resolutions.
95-25 (b) A calendars committee shall strictly construe and the
95-26 speaker shall strictly enforce this system of calendars.
95-27 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
96-1 resolutions pending in the house shall follow the same procedure
96-2 with regard to calendars as house bills and resolutions, but
96-3 separate calendars shall be maintained for senate bills and
96-4 resolutions, and consideration of them on senate bill days shall
96-5 have priority in the manner and order specified in this rule.
96-6 (b) No other business shall be considered on days devoted to
96-7 the consideration of senate bills when there remain any bills on
96-8 any of the senate calendars, except with the consent of the senate.
96-9 When all senate calendars are clear, the house may proceed to
96-10 consideration of house calendars on senate bill days.
96-11 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
96-12 calendar Thursday of each week, only senate bills and senate
96-13 resolutions shall be taken up and considered, until disposed of.
96-14 Senate bills and senate resolutions shall be considered in the
96-15 order prescribed in Section 7 of this rule on separate senate
96-16 calendars prepared by the Committee on Calendars. In case a senate
96-17 bill or senate resolution is pending at adjournment on calendar
96-18 Thursday, it shall go over to the succeeding calendar Wednesday as
96-19 unfinished business.
96-20 (b) Precedence given in Rule 8 to certain classes of bills
96-21 during the first 60 calendar days of a regular session shall also
96-22 apply to senate bills on senate bill days.
96-23 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
96-24 any house bill is reached on the calendar or is before the house
96-25 for consideration, it shall be the duty of the speaker to give the
96-26 place on the calendar of the house bill to any senate bill
96-27 containing the same subject that has been referred to and reported
97-1 from a committee of the house and to lay the senate bill before the
97-2 house, to be considered in lieu of the house bill.
97-3 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
97-4 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
97-5 the chair of the Committee on Rules and Resolutions shall move to
97-6 designate periods for the consideration of congratulatory and
97-7 memorial calendars. Each such motion shall require a two-thirds
97-8 vote for its adoption. In each instance, the Committee on Rules
97-9 and Resolutions shall prepare and distribute to each member a
97-10 printed calendar at least 24 hours in advance of the hour set for
97-11 consideration. No memorial or congratulatory resolution will be
97-12 heard by the full house without having first been approved, at
97-13 least 24 hours in advance, by a majority of the membership of the
97-14 Committee on Rules and Resolutions, in accordance with Rule 4,
97-15 Section 16. It shall not be necessary for the Committee on Rules
97-16 and Resolutions to report a memorial or congratulatory resolution
97-17 from committee in order to place the resolution on a congratulatory
97-18 and memorial calendar. If the Committee on Rules and Resolutions
97-19 determines that a resolution is not eligible for placement on the
97-20 congratulatory and memorial calendar the measure shall be sent to
97-21 the Committee on Calendars for further action. A congratulatory
97-22 and memorial calendar will contain the resolution number, the
97-23 author's name, and a brief description of the intent of the
97-24 resolution. On the congratulatory and memorial calendar,
97-25 congratulatory resolutions may be listed separately from memorial
97-26 resolutions. Once a printed calendar is distributed, no additional
97-27 resolutions will be added to it, and the requirements of this
98-1 section shall not be subject to suspension.
98-2 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
98-3 MEMORIAL CALENDARS. During the consideration of a congratulatory
98-4 and memorial calendar, resolutions shall not be read in full unless
98-5 they pertain to members or former members of the legislature, or
98-6 unless the intended recipient of the resolution is present on the
98-7 house floor or in the gallery. All other such resolutions shall be
98-8 read only by number, type of resolution, and name of the person or
98-9 persons designated in the resolutions. Members shall notify the
98-10 chair, in advance of consideration of the calendar, of any
98-11 resolutions that will be required to be read in full. In addition,
98-12 the following procedures shall be observed:
98-13 (1) The chair shall recognize the reading clerk to
98-14 read the resolutions within each category on the calendar only by
98-15 number, type of resolution, author or sponsor, and name of the
98-16 person or persons designated in the resolutions, except for those
98-17 resolutions that have been withdrawn or that are required to be
98-18 read in full. The resolutions read by the clerk shall then be
98-19 adopted in one motion for each category.
98-20 (2) Subsequent to the adoption of the resolutions read
98-21 by the clerk, the chair shall proceed to lay before the house the
98-22 resolutions on the calendar that are required to be read in full.
98-23 Each such resolution shall be read and adopted individually.
98-24 (3) If it develops that any resolution on the
98-25 congratulatory and memorial calendar does not belong on that
98-26 calendar, the chair shall withdraw the resolution from further
98-27 consideration, remove it from the calendar, and refer it to the
99-1 appropriate calendars committee for placement on the proper
99-2 calendar.
99-3 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
99-4 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
99-5 the chair of the Committee on Local and Consent Calendars shall
99-6 move to designate periods for the consideration of local, consent,
99-7 and resolutions calendars. Each such motion shall require a
99-8 two-thirds vote for its adoption. In each instance, the Committee
99-9 on Local and Consent Calendars shall prepare and distribute to each
99-10 member a printed calendar at least 48 hours in advance of the hour
99-11 set for consideration. Once a printed calendar is distributed, no
99-12 additional bills or resolutions will be added to it. This
99-13 requirement can be suspended only by unanimous consent. No local,
99-14 consent, and resolutions calendar may be considered by the house if
99-15 it is determined that the rules of the house were not complied with
99-16 by the Committee on Local and Consent Calendars in preparing that
99-17 calendar.
99-18 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
99-19 RESOLUTIONS CALENDARS. During the consideration of a local,
99-20 consent, and resolutions calendar set by the Committee on Local
99-21 and Consent Calendars the following procedures shall be observed:
99-22 (1) The chair shall allow the sponsor of each bill or
99-23 resolution three minutes to explain the measure, and the time shall
99-24 not be extended except by unanimous consent of the house. This
99-25 rule shall have precedence over all other rules limiting time for
99-26 debate.
99-27 (2) [If it develops that any bill on the local
100-1 calendar of a local, consent, and resolutions calendar is not in
100-2 fact local, as defined by the rules, the chair shall withdraw the
100-3 bill from further consideration and remove it from the calendar.]
100-4 [(3)] If it develops that any bill or resolution on a
100-5 local, consent, and resolutions calendar is to be contested on the
100-6 floor of the house, the chair shall withdraw the bill or resolution
100-7 from further consideration and remove it from the calendar.
100-8 (3) [(4)] Any bill or resolution on a local, consent,
100-9 and resolutions calendar shall be considered contested if notice
100-10 is given by five or more members that they intend to oppose the
100-11 bill or resolution, either by a raising of hands or the delivery of
100-12 written notice to the chair.
100-13 (4) [(5)] Any bill or resolution on a local, consent,
100-14 and resolutions calendar shall be considered contested if debate
100-15 exceeds 10 minutes. The chair shall strictly enforce this time
100-16 limit and automatically withdraw the bill from further
100-17 consideration if the time limit herein imposed is exceeded.
100-18 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
100-19 local, consent, and resolutions calendars[, consent calendars,
100-20 resolutions calendars,] and congratulatory and memorial calendars,
100-21 consideration of calendars shall be in the order named in Section 7
100-22 of this rule, subject to any exceptions ordered by the Committee on
100-23 Calendars. With respect to a particular calendar, bills and
100-24 resolutions on third reading shall have precedence over bills and
100-25 resolutions on second reading.
100-26 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
100-27 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
101-1 printed daily when the house is in session. A printed copy of each
101-2 calendar shall be placed in the newspaper mailbox of each member at
101-3 least 36 hours if convened in regular session and 24 hours if
101-4 convened in special session before the calendar may be considered
101-5 by the house. Deviations from the calendars as printed and
101-6 distributed shall not be permitted except that the Committee on
101-7 Calendars shall be authorized to print and distribute, not later
101-8 than two hours before the house convenes, a supplemental daily
101-9 house calendar, on which shall appear:
101-10 (1) bills or resolutions which were passed to third
101-11 reading on the previous legislative day;
101-12 (2) bills or resolutions which appeared on the Daily
101-13 House Calendar for a previous calendar day which were not reached
101-14 for floor consideration;
101-15 (3) postponed business from a previous calendar day;
101-16 and
101-17 (4) notice to take from the table a bill or resolution
101-18 which was laid on the table subject to call on a previous
101-19 legislative day.
101-20 In addition to the items listed above, the bills and
101-21 resolutions from a daily house calendar that will be eligible for
101-22 consideration may be incorporated, in their proper order as
101-23 determined by these rules, into the supplemental daily house
101-24 calendar.
101-25 (b) In addition, when the volume of legislation shall
101-26 warrant, and upon request of the speaker, the chief clerk shall
101-27 have printed and distributed to the members, a list of Items
102-1 Eligible for Consideration, on which shall appear only:
102-2 (1) house bills with senate amendments that are
102-3 eligible for consideration under Rule 13, Section 5;
102-4 (2) senate bills for which the senate has requested
102-5 appointment of a conference committee; and
102-6 (3) conference committee reports that are eligible for
102-7 consideration under Rule 13, Section 10.
102-8 (c) A copy of the list of Items Eligible for Consideration
102-9 must be placed in the newspaper mailbox of each member at least six
102-10 hours before the list may be considered by the house.
102-11 (d) The time at which the copies of a calendar or list are
102-12 placed in the newspaper mailboxes of the members shall be
102-13 time-stamped on the originals of the calendar or list.
102-14 (e) No house calendar shall be eligible for consideration if
102-15 it is determined that the rules of the house were not complied with
102-16 by the Committee on Calendars in preparing that calendar.
102-17 (f) If the Committee on Calendars has proposed a rule for
102-18 floor consideration of a bill or resolution that is eligible to be
102-19 placed on a calendar of the daily house calendar, the rule must be
102-20 printed and a copy distributed to each member. If the bill or
102-21 resolution to which the rule will apply has already been placed on
102-22 a calendar of the daily house calendar, a copy of the rule must be
102-23 attached to the printed calendar on which the bill or resolution
102-24 appears. The speaker shall lay a proposed rule before the house
102-25 prior to the consideration of the bill or resolution to which the
102-26 rule will apply. The rule may be laid before the house anytime
102-27 after a copy of the rule has been distributed to each member in
103-1 accordance with this subsection. The rule shall not be subject to
103-2 amendment, but to be effective, the rule must be approved by the
103-3 house by an affirmative vote of a majority of those members present
103-4 and voting. If approved by the house in accordance with this
103-5 subsection, the rule will be effective for the consideration of the
103-6 bill or resolution on both second and third readings.
103-7 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
103-8 is placed on its appropriate calendar under these rules, and has
103-9 appeared on a house calendar, as printed and distributed to all
103-10 members, the bill shall retain its relative position on the
103-11 calendar until reached for floor consideration, and the calendars
103-12 committee with jurisdiction over the bill or resolution shall have
103-13 no authority to place other bills on the calendar ahead of that
103-14 bill, but all additions to the calendar shall appear subsequent to
103-15 the bill.
103-16 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
103-17 as provided in Section 11 of this rule as it relates to
103-18 congratulatory and memorial resolutions, no [No] bill or resolution
103-19 shall be placed on a calendar until:
103-20 (1) it has been referred to and reported from its
103-21 appropriate standing committee by favorable committee action; or
103-22 (2) it is ordered printed on minority report or after
103-23 a committee has reported its inability to recommend a course of
103-24 action.
103-25 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
103-26 resolutions, on being reported from committee, shall be referred
103-27 immediately to the chief clerk for printing and then to the
104-1 appropriate calendars committee for placement on the appropriate
104-2 calendar.
104-3 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR.
104-4 Within 30 calendar days after a bill or resolution has been
104-5 referred to the appropriate calendars committee, the committee must
104-6 vote on whether to place the bill or resolution on one of the
104-7 calendars of the daily house calendar or the local, consent, and
104-8 resolutions calendar, as applicable. A vote against placement of
104-9 the bill or resolution on a calendar does not preclude a calendars
104-10 committee from later voting in favor of placement of the bill or
104-11 resolution on a calendar.
104-12 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill
104-13 or resolution has been in the appropriate calendars committee for
104-14 30 calendar days, exclusive of the calendar day on which it was
104-15 referred, awaiting placement on one of the calendars of the daily
104-16 house calendar or on the local, consent, and resolutions calendar,
104-17 it shall be in order for a member to move that the bill or
104-18 resolution be placed on a specific calendar of the daily house
104-19 calendar or on the local, consent, and resolutions calendar without
104-20 action by the committee. This motion must be seconded by five
104-21 members and shall require a majority vote for adoption.
104-22 (b) A motion to place a bill or resolution on a specific
104-23 calendar of the daily house calendar or on the local, consent, and
104-24 resolutions calendar is not a privileged motion and must be made
104-25 during the routine motion period unless made under a suspension of
104-26 the rules.
104-27 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND [OR]
105-1 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
105-2 for placement on the [a] local, consent, and [or] resolutions
105-3 calendar by the Committee on Local and Consent Calendars unless a
105-4 request for that placement has been made to the chair of the
105-5 standing committee from which the bill or resolution was reported
105-6 and unless the committee report of the standing committee
105-7 recommends that the bill or resolution be sent to the Committee on
105-8 Local and Consent Calendars for placement on the local, consent,
105-9 and resolutions [an appropriate] calendar. The recommendation of
105-10 the standing committee shall be advisory only, and the Committee on
105-11 Local and Consent Calendars shall have final authority to determine
105-12 whether or not a bill or resolution shall be placed on the [a]
105-13 local, consent, and [or] resolutions calendar. If the Committee on
105-14 Local and Consent Calendars determines that the bill or resolution
105-15 is not eligible for placement on the [a] local, consent, and [or]
105-16 resolutions calendar, the measure shall be sent to the Committee on
105-17 Calendars for further action.
105-18 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE [A] LOCAL,
105-19 CONSENT, AND [OR] RESOLUTIONS CALENDAR. (a) No bill defined as a
105-20 local bill by Rule 8, Section 10(c), shall be placed on the local,
105-21 consent, and resolutions calendar unless:
105-22 (1) [it is a local bill as defined by Rule 8, Section
105-23 10(c);]
105-24 [(2)] evidence of publication of notice in compliance
105-25 with the Texas Constitution and these rules is filed with the
105-26 Committee on Local and Consent Calendars; and
105-27 (2) [(3)] it has been recommended unanimously by the
106-1 present and voting members of the committee from which it was
106-2 reported that the bill be sent to the Committee on Local and
106-3 Consent Calendars for placement on the local, consent, and
106-4 resolutions [an appropriate] calendar.
106-5 (b) [No bill which limits its application by means of
106-6 population brackets shall be placed on the local calendar.]
106-7 [(c)] No other bill or resolution shall be placed on [a] the
106-8 local, consent, and resolutions calendar unless it has been
106-9 recommended unanimously by the present and voting members of the
106-10 committee from which it was reported that the bill be sent to the
106-11 Committee on Local and Consent Calendars for placement on the
106-12 local, consent, and resolutions [an appropriate] calendar.
106-13 [(d) No resolution shall be placed on a resolutions calendar
106-14 by the Committee on Local and Consent Calendars unless it has been
106-15 recommended unanimously by the present and voting members of the
106-16 committee from which it was reported that the resolution be sent to
106-17 the Committee on Local and Consent Calendars for placement on an
106-18 appropriate calendar.]
106-19 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
106-20 bill or resolution once removed from the [a] local, consent, and
106-21 resolutions calendar[, consent calendar, or resolutions calendar]
106-22 shall be returned to the Committee on Local and Consent Calendars
106-23 for further action. The Committee on Local and Consent Calendars,
106-24 if it feels such action is warranted, may again place the bill or
106-25 resolution on the [a] local, consent, and resolutions calendar,
106-26 [consent calendar, or resolutions calendar,] provided, however,
106-27 that if the bill or resolution is not placed on [a calendar of] the
107-1 next local, consent, and resolutions calendar set by the Committee
107-2 on Local and Consent Calendars, the bill or resolution shall
107-3 immediately be referred to the Committee on Calendars for further
107-4 action. If the bill or resolution is then removed from the
107-5 calendar a second time by being contested on the floor of the
107-6 house, the bill or resolution shall not again be placed on the [a]
107-7 local, consent, and resolutions calendar[, consent calendar, or
107-8 resolutions calendar] by the Committee on Local and Consent
107-9 Calendars during that session of the legislature but shall be
107-10 returned to the Committee on Calendars for further action.
107-11 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
107-12 the limitations contained in this rule, the Committee on Calendars
107-13 shall have full authority to make placements on calendars in
107-14 whatever order is necessary and desirable under the circumstances
107-15 then existing, except that bills on third reading on a particular
107-16 calendar shall have precedence over bills on second reading on the
107-17 same calendar. It is the intent of the calendar system to give the
107-18 Committee on Calendars wide discretion to insure adequate
107-19 consideration by the house of important legislation.
107-20 RULE 7. MOTIONS
107-21 CHAPTER A. GENERAL MOTIONS
107-22 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
107-23 motions, in addition to any elsewhere provided herein, shall be
107-24 decided without debate, except as otherwise provided in these
107-25 rules:
107-26 (1) to adjourn;
107-27 (2) to lay on the table;
108-1 (3) to lay on the table subject to call;
108-2 (4) to suspend the rule as to the time for
108-3 introduction of bills;
108-4 (5) to order a call of the house, and all motions
108-5 incidental thereto;
108-6 (6) an appeal by a member called to order;
108-7 (7) on questions relating to priority of business;
108-8 (8) to amend the caption of a bill or resolution;
108-9 (9) to extend the time of a member speaking under the
108-10 previous question or to allow a member who has the right to speak
108-11 after the previous question is ordered to yield the time, or a part
108-12 of it, to another;
108-13 (10) to reconsider and table.
108-14 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
108-15 the mover and one opponent of the motion three minutes each during
108-16 which to debate the following motions without debating the merits
108-17 of the bill, resolution, or other matter, and the mover of the
108-18 motion may elect to either open the debate or close the debate, but
108-19 the mover's time may not be divided:
108-20 (1) to suspend the regular order of business and take
108-21 up some measure out of its regular order;
108-22 (2) to instruct a committee to report a certain bill
108-23 or resolution;
108-24 (3) to rerefer a bill or resolution from one committee
108-25 to another;
108-26 (4) to place a bill or resolution on a specific
108-27 calendar without action by the appropriate calendars committee;
109-1 (5) to take up a bill or resolution laid on the table
109-2 subject to call;
109-3 (6) to set a special order;
109-4 (7) to suspend the rules;
109-5 (8) to suspend the constitutional rule requiring bills
109-6 to be read on three several days;
109-7 (9) to pass a resolution suspending the joint rules;
109-8 (10) to order the previous question;
109-9 (11) to order the limiting of amendments to a bill or
109-10 resolution;
109-11 (12) to print documents, reports, or other material in
109-12 the journal;
109-13 (13) to take any other action required or permitted
109-14 during the routine motion period by Rule 6, Section 1;
109-15 (14) to divide the question.
109-16 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
109-17 under debate, the following motions, and none other, shall be in
109-18 order, and such motions shall have precedence in the following
109-19 order:
109-20 (1) to adjourn;
109-21 (2) to take recess;
109-22 (3) to lay on the table;
109-23 (4) to lay on the table subject to call;
109-24 (5) for the previous question;
109-25 (6) to postpone to a day certain;
109-26 (7) to commit, recommit, refer, or rerefer;
109-27 (8) to amend by striking out the enacting or resolving
110-1 clause, which, if carried, shall have the effect of defeating the
110-2 bill or resolution;
110-3 (9) to amend;
110-4 (10) to postpone indefinitely.
110-5 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
110-6 been made, the speaker shall state it, or if it is in writing,
110-7 order it read by the clerk; and it shall then be in possession of
110-8 the house.
110-9 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
110-10 the house and entertained by the speaker shall be reduced to
110-11 writing on the demand of any member, and shall be entered on the
110-12 journal with the name of the member making it.
110-13 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
110-14 by the mover at any time before a decision on the motion, even
110-15 though an amendment may have been offered and is pending. It
110-16 cannot be withdrawn, however, if the motion has been amended.
110-17 After the previous question has been ordered, a motion can be
110-18 withdrawn only by unanimous consent.
110-19 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
110-20 or recess shall always be in order, except:
110-21 (1) when the house is voting on another motion;
110-22 (2) when the previous question has been ordered and
110-23 before the final vote on the main question, unless a roll call
110-24 shows the absence of a quorum;
110-25 (3) when a member entitled to the floor has not
110-26 yielded for that purpose; or
110-27 (4) when no business has been transacted since a
111-1 motion to adjourn or recess has been defeated.
111-2 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
111-3 RECESS. When several motions to recess or adjourn are made at the
111-4 same period, the motion to adjourn carrying the shortest time shall
111-5 be put first, then the next shortest time, and in that order until
111-6 a motion to adjourn has been adopted or until all have been voted
111-7 on and lost; and then the same procedure shall be followed for
111-8 motions to recess.
111-9 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
111-10 RECESS. A motion to adjourn or recess may not be withdrawn when it
111-11 is one of a series upon which voting has commenced, nor may an
111-12 additional motion to adjourn or recess be made when voting has
111-13 commenced on a series of such motions.
111-14 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
111-15 vote by which a motion to adjourn or recess is carried or lost
111-16 shall not be subject to a motion to reconsider.
111-17 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
111-18 number of members than a quorum may adjourn from day to day, and
111-19 may compel the attendance of absent members.
111-20 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
111-21 carried, shall have the effect of killing the bill, resolution,
111-22 amendment, or other immediate proposition to which it was applied.
111-23 Such a motion shall not be debatable, but the mover of the
111-24 proposition to be tabled, or the member reporting it from
111-25 committee, shall be allowed to close the debate after the motion to
111-26 table is made and before it is put to a vote. When a motion to
111-27 table is made to a debatable main motion, the main motion mover
112-1 shall be allowed 20 minutes to close the debate, whereas the movers
112-2 of other debatable motions sought to be tabled shall be allowed
112-3 only 10 minutes to close. The vote by which a motion to table is
112-4 carried or lost cannot be reconsidered. After the previous
112-5 question has been ordered, a motion to table is not in order. The
112-6 provisions of this section do not apply to motions to "lay on the
112-7 table subject to call"; however, a motion to lay on the table
112-8 subject to call cannot be made after the previous question has been
112-9 ordered.
112-10 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
112-11 resolution, or other matter is pending before the house, it may be
112-12 laid on the table subject to call, and one legislative day's
112-13 notice, as printed on the Supplemental House Calendar, must be
112-14 given before the proposition can be taken from the table, unless it
112-15 is on the same legislative day, in which case it can be taken from
112-16 the table at any time except when there is another matter pending
112-17 before the house. A bill, resolution, or other matter can be taken
112-18 from the table only by a majority vote of the house. When a
112-19 special order is pending, a motion to take a proposition from the
112-20 table cannot be made unless the proposition is a privileged
112-21 matter.
112-22 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
112-23 certain may be amended and is debatable within narrow limits, but
112-24 the merits of the proposition sought to be postponed cannot be
112-25 debated. A motion to postpone indefinitely opens to debate the
112-26 entire proposition to which it applies.
112-27 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
113-1 to a day certain shall be laid before the house at the time on the
113-2 calendar day to which it was postponed, provided it is otherwise
113-3 eligible under the rules and no other business is then pending. If
113-4 business is pending, the postponed matter shall be deferred until
113-5 the pending business is disposed of without prejudice otherwise to
113-6 its right of priority. When a privileged matter is postponed to a
113-7 particular time, and that time arrives, the matter, still retaining
113-8 its privileged nature, shall be taken up even though another matter
113-9 is pending.
113-10 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
113-11 two or more bills, resolutions, or other propositions are postponed
113-12 to the same time, and are otherwise eligible for consideration at
113-13 that time, they shall be considered in the chronological order of
113-14 their setting.
113-15 Sec. 17. MOTION TO REFER. When motions are made to refer a
113-16 subject to a select or standing committee, the question on the
113-17 subject's referral to a standing committee shall be put first.
113-18 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
113-19 after being defeated at the routine motion period, may again be
113-20 made when the bill itself is under consideration; however, a motion
113-21 to recommit a bill shall not be in order at the routine motion
113-22 period if the bill is then before the house as either pending
113-23 business or unfinished business.
113-24 A motion to recommit a bill or resolution can be made and
113-25 voted on even though the author, sponsor, or principal proponent is
113-26 not present.
113-27 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
114-1 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
114-2 recommit is debatable within narrow limits, but the merits of the
114-3 proposition may not be brought into the debate. A motion to refer,
114-4 rerefer, commit, or recommit with instructions is fully debatable.
114-5 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
114-6 Except as provided in Rule 4, Section 30, when a bill has been
114-7 recommitted once at any reading and has been reported adversely by
114-8 the committee to which it was referred, it shall be in order to
114-9 again recommit the bill only if a minority report has been filed in
114-10 the time required by the rules of the house. A two-thirds vote of
114-11 those present shall be required to recommit a second time.
114-12 CHAPTER B. MOTION FOR THE PREVIOUS
114-13 QUESTION
114-14 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
114-15 motion for the previous question, which shall be admitted only when
114-16 seconded by 25 members. It shall be put by the chair in this
114-17 manner: "The motion has been seconded. Three minutes pro and con
114-18 debate will be allowed on the motion for ordering the previous
114-19 question." As soon as the debate has ended, the chair shall
114-20 continue: "As many as are in favor of ordering the previous
114-21 question on (here state on which question or questions) will say
114-22 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
114-23 other propositions, a motion for the previous question may be taken
114-24 by a record vote if demanded by three members. If ordered by a
114-25 majority of the members voting, a quorum being present, it shall
114-26 have the effect of cutting off all debate, except as provided in
114-27 Section 23 of this rule, and bringing the house to a direct vote on
115-1 the immediate question or questions on which it has been asked and
115-2 ordered.
115-3 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
115-4 motion for the previous question, there shall be no debate except
115-5 as provided in Sections 2 and 21 of this rule. All incidental
115-6 questions of order made pending decision on such motion shall be
115-7 decided, whether on appeal or otherwise, without debate.
115-8 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
115-9 ORDERED. After the previous question has been ordered, there shall
115-10 be no debate upon the questions on which it has been ordered, or
115-11 upon the incidental questions, except that the mover of the
115-12 proposition or any of the pending amendments or any other motions,
115-13 or the member making the report from the committee, or, in the case
115-14 of the absence of either of them, any other member designated by
115-15 such absentee, shall have the right to close the debate on the
115-16 particular proposition or amendment. Then a vote shall be taken
115-17 immediately on the amendments or other motions, if any, and then on
115-18 the main question.
115-19 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
115-20 ORDERED. All members having the right to speak after the previous
115-21 question has been ordered shall speak before the question is put on
115-22 the first proposition covered by the previous question. All votes
115-23 shall then be taken in the correct order, and no vote or votes
115-24 shall be deferred to allow any member to close on any one of the
115-25 propositions separately after the voting has commenced.
115-26 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
115-27 amendment has been substituted and the previous question is then
116-1 moved on the adoption of the amendment as substituted, the author
116-2 of the amendment as substituted shall have the right to close the
116-3 debate on that amendment in lieu of the author of the original
116-4 amendment.
116-5 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
116-6 the previous question is ordered on a motion to postpone
116-7 indefinitely or to amend by striking out the enacting clause of a
116-8 bill, the member moving to postpone or amend shall have the right
116-9 to close the debate on that motion or amendment, after which the
116-10 mover of the proposition or bill proposed to be so postponed or
116-11 amended, or the member reporting it from the committee, or, in the
116-12 absence of either of them, any other member designated by the
116-13 absentee, shall be allowed to close the debate on the original
116-14 proposition.
116-15 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
116-16 question may be asked and ordered on any debatable single motion or
116-17 series of motions, or any amendment or amendments pending, or it
116-18 may be made to embrace all authorized debatable motions or
116-19 amendments pending and include the bill, resolution, or proposition
116-20 that is on second or third reading. The previous question cannot
116-21 be ordered, however, on the main proposition without including
116-22 other pending motions of lower rank as given in Section 3 of this
116-23 rule.
116-24 Sec. 28. LIMIT OF APPLICATION. The previous question shall
116-25 not extend beyond the final vote on a motion or sequence of motions
116-26 to which the previous question has been ordered.
116-27 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
117-1 Amendments on the speaker's desk for consideration which have not
117-2 actually been laid before the house and read cannot be included
117-3 under a motion for the previous question.
117-4 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
117-5 TABLE. If a motion to table is made directly to a main motion, the
117-6 motion for the previous question is not in order. In a case where
117-7 an amendment to a main motion is pending, and a motion to table the
117-8 amendment is made, it is in order to move the previous question on
117-9 the main motion, the pending amendment, and the motion to table the
117-10 amendment.
117-11 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
117-12 There is no acceptable substitute for a motion for the previous
117-13 question, nor can other motions be applied to it.
117-14 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
117-15 TABLING. The motion for the previous question is not subject to a
117-16 motion to table.
117-17 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
117-18 QUESTION ACCEPTED. The motion to adjourn is not in order after a
117-19 motion for the previous question is accepted by the chair, or after
117-20 the seconding of such motion and before a vote is taken.
117-21 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
117-22 After the previous question has been ordered, no motion shall be in
117-23 order until the question or questions on which it was ordered have
117-24 been voted on, without debate, except:
117-25 (1) a motion for a call of the house, and motions
117-26 incidental thereto;
117-27 (2) a motion to extend the time of a member closing on
118-1 a proposition;
118-2 (3) a motion to permit a member who has the right to
118-3 speak to yield the time or a part thereof to another member;
118-4 (4) a request for and a verification of a vote;
118-5 (5) a motion to reconsider the vote by which the
118-6 previous question was ordered. A motion to reconsider may be made
118-7 only once and that must be before any vote under the previous
118-8 question has been taken;
118-9 (6) a motion to table a motion to reconsider the vote
118-10 by which the previous question has been ordered;
118-11 (7) a double motion to reconsider and table the vote
118-12 by which the previous question was ordered.
118-13 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
118-14 ORDERED. No motion for an adjournment or a recess shall be in
118-15 order after the previous question is ordered until the final vote
118-16 under the previous question has been taken, unless the roll call
118-17 shows the absence of a quorum.
118-18 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
118-19 adjourns without a quorum under the previous question, the previous
118-20 question shall remain in force and effect when the bill,
118-21 resolution, or other proposition is again laid before the house.
118-22 CHAPTER C. RECONSIDERATION
118-23 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
118-24 question has been decided by the house, any member voting with the
118-25 prevailing side may, on the same legislative day, or on the next
118-26 legislative day, move a reconsideration; however, if a
118-27 reconsideration is moved on the next legislative day, it must be
119-1 done before the order of the day, as designated in the ninth item
119-2 of Rule 6, Section 1(a), is taken up. If the house refuses to
119-3 reconsider, or on reconsideration, affirms its decision, no further
119-4 action to reconsider shall be in order.
119-5 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
119-6 yeas and nays have not been called for and recorded, any member,
119-7 regardless of whether he or she voted on the prevailing side or
119-8 not, may make the motion to reconsider; however, even when the yeas
119-9 and nays have not been recorded, the following shall not be
119-10 eligible to make a motion to reconsider:
119-11 (1) a member who was absent;
119-12 (2) a member who was paired and, therefore, did not
119-13 vote; and
119-14 (3) a member who was recorded in the journal as having
119-15 voted on the losing side.
119-16 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
119-17 reconsider shall be debatable only when the question to be
119-18 reconsidered is debatable. Even though the previous question was
119-19 in force before the vote on a debatable question was taken, debate
119-20 is permissible on the reconsideration of such debatable question.
119-21 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
119-22 shall be decided by a majority vote, even though the vote on the
119-23 original question requires a two-thirds vote for affirmative
119-24 action. If the motion to reconsider prevails, the question then
119-25 immediately recurs on the question reconsidered.
119-26 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
119-27 reconsider cannot be withdrawn unless permission is given by a
120-1 majority vote of the house, and the motion may be called up by any
120-2 member.
120-3 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
120-4 reconsider shall be subject to a motion to table, which, if
120-5 carried, shall be a final disposition of the motion to reconsider.
120-6 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
120-7 motion to reconsider and table shall be in order. It shall be
120-8 undebatable. When carried, the motion to reconsider shall be
120-9 tabled. When it fails, the question shall then be on the motion to
120-10 reconsider, and the motion to reconsider shall, without further
120-11 action, be spread on the journal, but it may be called up by any
120-12 member, in accordance with the provisions of Section 44 of this
120-13 rule.
120-14 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
120-15 If a motion to reconsider is not disposed of when made, it shall be
120-16 entered in the journal, and cannot, after that legislative day, be
120-17 called up and disposed of unless one legislative day's notice has
120-18 been given.
120-19 (b) Unless called up and disposed of prior to 72 hours
120-20 before final adjournment of the session, all motions to reconsider
120-21 shall be regarded as determined and lost.
120-22 (c) All motions to reconsider made during the last 72 hours
120-23 of the session shall be disposed of when made; otherwise, the
120-24 motion shall be considered as lost.
120-25 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
120-26 member voting on the prevailing side may make a motion to
120-27 reconsider and spread on the journal, which does not require a
121-1 vote, and on the motion being made, it shall be entered on the
121-2 journal. Any member, regardless of whether he or she voted on the
121-3 prevailing side or not, who desires immediate action on a motion to
121-4 reconsider which has been spread on the journal, can call it up as
121-5 soon as it is made, and demand a vote on it, or can call it up and
121-6 move to table it.
121-7 (b) If the motion to table the motion to reconsider is
121-8 defeated, the motion to reconsider remains spread on the journal
121-9 for future action; however, any member, regardless of whether he or
121-10 she voted on the prevailing side or not, can call the motion from
121-11 the journal for action by the house, and, once disposed of, no
121-12 other motion to reconsider can be made.
121-13 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
121-14 the first 76 calendar days of a regular session, when any bill,
121-15 resolution, or other paper has been in committee for 6 calendar
121-16 days, exclusive of the calendar day on which it was referred, it
121-17 shall be in order for a member to move that the committee be
121-18 required to report the same within 7 calendar days. This motion
121-19 shall require a two-thirds vote for passage.
121-20 (b) After the first 76 calendar days of a regular session,
121-21 when any bill, resolution, or other paper has been in committee for
121-22 6 calendar days, exclusive of the calendar day on which it was
121-23 referred, it shall be in order for a member to move that the
121-24 committee be required to report the same within 7 calendar days.
121-25 This motion shall require a majority vote for passage.
121-26 (c) A motion to instruct a committee to report is not a
121-27 privileged motion and must be made during the routine motion period
122-1 unless made under a suspension of the rules.
122-2 (d) The house shall have no authority to instruct a
122-3 subcommittee directly; however, instructions recognized under the
122-4 rules may be given to a committee and shall be binding on all
122-5 subcommittees.
122-6 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
122-7 During the first 76 calendar days of a regular session, when any
122-8 bill, resolution, or other paper has been in committee for 7
122-9 calendar days after the committee was instructed by the house to
122-10 report that measure by a motion made under Section 46 of this rule,
122-11 it shall be in order for a member to move to rerefer the bill,
122-12 resolution, or other paper to a different committee. This motion
122-13 shall require a two-thirds vote for passage.
122-14 (b) After the first 76 calendar days of a regular session,
122-15 when any bill, resolution, or other paper has been in committee for
122-16 7 calendar days after the committee has been instructed to report
122-17 that measure by a motion made under Section 46 of this rule, it
122-18 shall be in order for a member to move to rerefer the bill,
122-19 resolution, or other paper to a different committee. This motion
122-20 shall require a majority vote for passage.
122-21 (c) A motion to rerefer a bill, resolution, or other paper
122-22 from one committee to another committee is not a privileged motion
122-23 and must be made during the routine motion period unless made under
122-24 a suspension of the rules.
122-25 RULE 8. BILLS
122-26 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
122-27 must be incorporated in bills, which shall consist of:
123-1 (1) a title or caption, beginning with the words "A
123-2 Bill to be Entitled An Act" and a brief statement that gives the
123-3 legislature and the public reasonable notice of the subject of the
123-4 proposed measure;
123-5 (2) an enacting clause, "Be It Enacted by the
123-6 Legislature of the State of Texas"; and
123-7 (3) the bill proper.
123-8 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
123-9 revived or amended by reference to its title. The act revived, or
123-10 the section or sections amended, shall be reenacted and published
123-11 at length. This rule does not apply to revisions adopted under
123-12 Article III, Section 43, of the Texas Constitution.
123-13 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
123-14 (except a general appropriations bill, which may embrace the
123-15 various subjects and accounts for which money is appropriated or a
123-16 revision adopted under Article III, Section 43, of the Texas
123-17 Constitution) shall contain only one subject.
123-18 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
123-19 A general law may not be changed by the provisions in an
123-20 appropriations bill.
123-21 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
123-22 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
123-23 resolution may have only one primary author. The signature of the
123-24 primary author shall be the only signature that appears on the
123-25 original measure and all copies filed with the chief clerk. The
123-26 signatures of all coauthors or joint authors shall appear on the
123-27 appropriate forms in the chief clerk's office.
124-1 (b) Any member may become the coauthor of a bill or
124-2 resolution by securing permission from the author. If permission
124-3 is secured from the author prior to the time the measure is filed
124-4 with the chief clerk, the primary author and the coauthor shall
124-5 sign the appropriate form, which shall be included with the measure
124-6 when it is filed with the chief clerk. If a member wishes to
124-7 become the coauthor of a measure after it has been filed, no
124-8 action shall be required by the house, but it shall be the duty of
124-9 the member seeking to be a coauthor to obtain written authorization
124-10 on the appropriate form from the author. This authorization shall
124-11 be filed with the chief clerk before the coauthor signs the form
124-12 for the bill or resolution. The chief clerk shall report daily to
124-13 the journal clerk the names of members filed as coauthors of bills
124-14 or resolutions. If a coauthor of a bill or resolution desires to
124-15 withdraw from such status, the member shall notify the chief clerk,
124-16 who in turn shall notify the journal clerk.
124-17 (c) The primary author of a measure may designate up to four
124-18 joint authors by providing written authorization on the appropriate
124-19 form to the chief clerk. If a member designated as a joint author
124-20 has not already signed on the measure as a coauthor, that member
124-21 must also sign the form before the records will reflect the joint
124-22 author status of that member. The names of all joint authors shall
124-23 be shown immediately following the primary author's name on all
124-24 official printings of the measure, on all house calendars, in the
124-25 house journal, and in the electronic legislative information
124-26 system.
124-27 (d) The determination of the house sponsor of a senate
125-1 measure is made at the time the measure is reported from committee.
125-2 In the case of multiple requests for house sponsorship, the house
125-3 sponsor of a senate measure shall be determined by the chair of the
125-4 committee, in consultation with the senate author of the measure.
125-5 The chair of the committee must designate a primary sponsor and may
125-6 designate up to four joint sponsors or an unlimited number of
125-7 cosponsors. The names of all joint sponsors shall be shown
125-8 immediately following the primary sponsor's name on all official
125-9 printings of the measure, on all house calendars, in the house
125-10 journal, and in the electronic legislative information system.
125-11 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
125-12 Each bill shall be filed with the chief clerk when introduced and
125-13 shall be numbered in its regular order. Each bill shall be read
125-14 first time by caption and referred by the speaker to the
125-15 appropriate committee with jurisdiction.
125-16 Sec. 7. PREFILING. Beginning the first Monday after the
125-17 general election preceding the next regular legislative session, or
125-18 within 30 days prior to any special session, it shall be in order
125-19 to file with the chief clerk bills and resolutions for introduction
125-20 in that session. On receipt of the bills or resolutions, the chief
125-21 clerk shall number them and make them a matter of public record,
125-22 available for distribution. Once a bill or resolution has been so
125-23 filed, it may not be recalled. This shall apply only to
125-24 members-elect of the succeeding legislative session.
125-25 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
125-26 resolutions introduced during the first 60 calendar days of the
125-27 regular session may be considered by the committees and in the
126-1 house and disposed of at any time during the session, in accordance
126-2 with the rules of the house. After the first 60 calendar days of a
126-3 regular session, any bill or joint resolution, except local bills,
126-4 emergency appropriations, and all emergency matters submitted by
126-5 the governor in special messages to the legislature, shall require
126-6 an affirmative vote of four-fifths of those members present and
126-7 voting to be introduced.
126-8 Sec. 9. NUMBER OF COPIES FILED. (a) Thirteen [Twelve]
126-9 copies of every bill, except bills relating to conservation and
126-10 reclamation districts and governed by the provisions of Article
126-11 XVI, Section 59, of the Texas Constitution, must be filed with the
126-12 chief clerk at the time that the bill is introduced.
126-13 (b) Fifteen [Fourteen] copies of every bill relating to
126-14 conservation and reclamation districts and governed by the
126-15 provisions of Article XVI, Section 59, of the Texas Constitution,
126-16 with copies of the notice to introduce the bill attached, must be
126-17 filed with the chief clerk at the time that the bill is introduced
126-18 if the bill is intended to:
126-19 (1) create a particular conservation and reclamation
126-20 district; or
126-21 (2) amend the act of a particular conservation and
126-22 reclamation district to:
126-23 (A) add additional land to the district;
126-24 (B) alter the taxing authority of the district;
126-25 (C) alter the authority of the district with
126-26 respect to issuing bonds; or
126-27 (D) alter the qualifications or terms of office
127-1 of the members of the governing body of the district.
127-2 (c) No bill may be laid before the house on first reading
127-3 until it is in compliance with the provisions of this section.
127-4 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
127-5 committee of the house may consider a local bill unless notice of
127-6 intention to apply for the passage of the bill was published as
127-7 provided by law and evidence of the publication was attached to the
127-8 bill on filing with the chief clerk.
127-9 (b) Neither the house nor a committee of the house may
127-10 consider a bill whose application is limited to one or more
127-11 political subdivisions by means of population brackets or other
127-12 artificial devices in lieu of identifying the political subdivision
127-13 or subdivisions by name. However, this subsection does not prevent
127-14 consideration of a bill that classifies political subdivisions
127-15 according to a minimum or maximum population or other criterion
127-16 that bears a reasonable relation to the purpose of the proposed
127-17 legislation or a bill that updates laws based on population
127-18 classifications to conform to a federal decennial census.
127-19 (c) Except as provided by Subsection (d) of this section,
127-20 "local bill" for purposes of this section means:
127-21 (1) a bill for which publication of notice is required
127-22 under Article XVI, Section 59, of the Texas Constitution (water
127-23 districts, etc.);
127-24 (2) a bill for which publication of notice is required
127-25 under Article IX, Section 9, of the Texas Constitution (hospital
127-26 districts);
127-27 (3) a bill relating to hunting, fishing, or
128-1 conservation of wildlife resources of a specified locality;
128-2 (4) a bill creating or affecting a county court or
128-3 statutory court or courts of one or more specified counties or
128-4 municipalities;
128-5 (5) a bill creating or affecting the juvenile board or
128-6 boards of a specified county or counties; or
128-7 (6) a bill creating or affecting a road utility
128-8 district under the authority of Article III, Section 52, of the
128-9 Texas Constitution.
128-10 (d) A bill is not considered to be a local bill under
128-11 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
128-12 localities, counties, or municipalities so as to be of general
128-13 application or of statewide importance.
128-14 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
128-15 considered unless it first has been referred to a committee and
128-16 reported from it.
128-17 (b) After a bill has been recommitted, it shall be
128-18 considered by the committee as a new subject.
128-19 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
128-20 before the house shall be taken up and acted on in the order in
128-21 which they appear on their respective calendars, and each calendar
128-22 shall have the priority accorded to it by the provisions of Rule 6,
128-23 Sections 7 and 8.
128-24 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
128-25 that is local as defined by Section 10(c) of this rule and that
128-26 appears on a local, consent, and resolutions calendar shall be
128-27 considered for any purpose after the 130th day of a regular
129-1 session, except to:
129-2 (1) act on senate amendments;
129-3 (2) adopt a conference committee report;
129-4 (3) reconsider the bill to make corrections; or
129-5 (4) pass the bill notwithstanding the objections of
129-6 the governor.
129-7 (b) No other house bill or joint resolution shall be
129-8 considered on its second reading after the 122nd day of a regular
129-9 session if it appears on a daily or supplemental daily house
129-10 calendar, or for any purpose after the 123rd day of a regular
129-11 session, except to:
129-12 (1) act on senate amendments;
129-13 (2) adopt a conference committee report;
129-14 (3) reconsider the bill or resolution to make
129-15 corrections; or
129-16 (4) pass the bill notwithstanding the objections of
129-17 the governor.
129-18 (c) No senate bill or joint resolution shall be considered
129-19 on its second reading after the 134th day of a regular session if
129-20 it appears on a daily or supplemental daily house calendar, or for
129-21 any purpose after the 135th day of a regular session, except to:
129-22 (1) adopt a conference committee report;
129-23 (2) reconsider the bill or resolution to remove house
129-24 amendments;
129-25 (3) reconsider the bill or resolution to make
129-26 corrections; or
129-27 (4) pass the bill notwithstanding the objections of
130-1 the governor.
130-2 (d) The speaker shall not lay any bill or joint resolution
130-3 before the house or permit a vote to be taken on its passage on the
130-4 136th and 137th days of a regular session, except to:
130-5 (1) act on senate amendments;
130-6 (2) adopt a conference committee report;
130-7 (3) reconsider the bill or resolution to remove house
130-8 amendments;
130-9 (4) reconsider the bill or resolution to make
130-10 corrections; or
130-11 (5) pass the bill notwithstanding the objections of
130-12 the governor.
130-13 (e) The speaker shall not lay any bill or joint resolution
130-14 before the house or permit a vote to be taken on its passage on the
130-15 138th and 139th days of a regular session, except to:
130-16 (1) adopt a conference committee report;
130-17 (2) reconsider the bill or resolution to remove house
130-18 amendments;
130-19 (3) discharge house conferees and concur in senate
130-20 amendments;
130-21 (4) reconsider the bill or resolution to make
130-22 corrections; or
130-23 (5) pass the bill notwithstanding the objections of
130-24 the governor.
130-25 (f) No vote shall be taken upon the passage of any bill or
130-26 resolution within 24 hours of the final adjournment of a regular
130-27 session unless it be to reconsider the bill or resolution to make
131-1 corrections, or to adopt a corrective resolution.
131-2 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
131-3 (a) A printed copy of each bill or resolution, except the general
131-4 appropriations bill, shall be placed in the newspaper mailbox of
131-5 each member at least 36 hours if convened in regular session and 24
131-6 hours if convened in special session before the bill can be
131-7 considered by the house on second reading. A printed copy of the
131-8 general appropriations bill shall be placed in the newspaper
131-9 mailbox of each member at least 168 hours during a regular session
131-10 and at least 72 hours during a special session before the bill can
131-11 be considered by the house on second reading.
131-12 (b) By majority vote, the house may order both the original
131-13 bill or resolution and the complete committee substitute to be
131-14 printed. It shall not be necessary for the house to order complete
131-15 committee substitutes printed in lieu of original bills.
131-16 (c) A two-thirds vote of the house is necessary to order
131-17 that bills, other than local bills, be not printed. It shall not
131-18 be necessary for the house to order that local bills be not
131-19 printed.
131-20 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
131-21 have the force of law until it has been read on three several
131-22 legislative days in each house and free discussion allowed, unless,
131-23 in case of imperative public necessity (which necessity shall be
131-24 stated in the preamble or in the body of the bill), this provision
131-25 is suspended by a vote of four-fifths of the members present and
131-26 voting, a quorum being present. The yeas and nays shall be taken
131-27 on the question of suspension and entered in the journal.
132-1 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
132-2 consideration of any bill or resolution, the house may, by a
132-3 majority vote, order the bill or resolution to be considered
132-4 section by section, or department by department, until each section
132-5 or department has been given separate consideration. If such a
132-6 procedure is ordered, only amendments to the section or department
132-7 under consideration at that time shall be in order. However, after
132-8 each section or department has been considered separately, the
132-9 entire bill or resolution shall be open for amendment, subject to
132-10 the provisions of Rule 11, Section 8(b). Once the consideration of
132-11 a bill section by section or department by department has been
132-12 ordered, it shall not be in order to move the previous question on
132-13 the entire bill, to recommit it, to lay it on the table, or to
132-14 postpone it, until each section or department has been given
132-15 separate consideration or until the vote by which section by
132-16 section consideration was ordered is reconsidered.
132-17 (b) A motion to consider a bill section by section is
132-18 debatable within narrow limits; that is, the pros and cons of the
132-19 proposed consideration can be debated but not the merits of the
132-20 bill.
132-21 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
132-22 bill or complete committee substitute for a bill has been taken up
132-23 and read, amendments shall be in order. If no amendment is made,
132-24 or if those proposed are disposed of, then the final question on
132-25 its second reading shall be, in the case of a house bill, whether
132-26 it shall be passed to engrossment, or, in the case of a senate
132-27 bill, whether it shall pass to its third reading. All bills
133-1 ordered passed to engrossment or passed to a third reading shall
133-2 remain on the calendar on which placed, but with future priority
133-3 over bills on the same calendar that have not passed second
133-4 reading.
133-5 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
133-6 shall certify the final passage of each bill, noting on the bill
133-7 the date of its passage, and the vote by which it passed, if by a
133-8 yea and nay vote.
133-9 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
133-10 resolution to recall a bill from the senate shall be in order if a
133-11 motion to reconsider the vote by which the bill finally passed has
133-12 been made and adopted within the time prescribed by the rules.
133-13 Sec. 20. EFFECTIVE DATE. Every law passed by the
133-14 legislature, except the General Appropriations Act, shall take
133-15 effect or go into force 90 days after the adjournment of the
133-16 session at which it was enacted. In case of an emergency, which
133-17 must be expressed in a preamble or in the body of the act, the
133-18 legislature may, by a vote of two-thirds of all the members elected
133-19 to each house, provide otherwise. The vote shall be taken by yeas
133-20 and nays and entered in the journals.
133-21 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
133-22 After a bill or resolution has been considered and defeated by
133-23 either house of the legislature, no bill or resolution containing
133-24 the same substance shall be passed into law during the same
133-25 session.
133-26 Sec. 22. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
133-27 In order to assure the continuation of financial support of
134-1 existing state services through the passage of the general
134-2 appropriations bill, it shall not be in order during the first 120
134-3 days of the regular session for the speaker to lay before the
134-4 house, prior to the consideration, passage, and certification by
134-5 the comptroller of the general appropriations bill, any bill that
134-6 directly or indirectly prevents from being available for purposes
134-7 of funding state government generally any money that under existing
134-8 law would otherwise be available for that purpose, including a bill
134-9 that transfers or diverts money in the state treasury from the
134-10 general revenue fund to another fund.
134-11 (b) In order to assure compliance with the limitation on
134-12 appropriations of state tax revenue not dedicated by the
134-13 constitution as provided by Article VIII, Section 22, of the Texas
134-14 Constitution, it is not in order for the speaker to lay before the
134-15 house, prior to the time that the general appropriations bill has
134-16 been finally passed and sent to the comptroller, any bill that
134-17 appropriates funds from the state treasury that are not dedicated
134-18 by the constitution.
134-19 (c) When bills subject to the provisions of Subsection (a)
134-20 of this section become eligible for consideration, they shall be
134-21 considered for passage under the rules of the house and the joint
134-22 rules as any other bill but shall not be signed by the speaker as
134-23 required by the Constitution of Texas and the rules of the house
134-24 until the general appropriations bill has been signed by the
134-25 presiding officers of both houses of the legislature and
134-26 transmitted to the comptroller of public accounts for certification
134-27 as required by Article III, Section 49a, of the Constitution of
135-1 Texas.
135-2 (d) All bills subject to the provisions of Subsection (a) of
135-3 this section that have finally passed both houses shall be enrolled
135-4 as required by the rules and transmitted to the speaker. The
135-5 speaker shall note on each bill the date and hour of final
135-6 legislative action and shall withhold his or her signature and any
135-7 further action on all such bills until the general appropriations
135-8 bill has been signed by the presiding officers of both houses and
135-9 transmitted to the comptroller of public accounts for
135-10 certification. Immediately thereafter, the speaker shall sign in
135-11 the presence of the house all bills on which further action was
135-12 being withheld because the bills were subject to the provisions of
135-13 this section. After being signed by the speaker, the bills shall
135-14 then be transmitted to the comptroller of public accounts for
135-15 certification or to the governor, as the case may be, in the order
135-16 in which final legislative action was taken. "Final legislative
135-17 action," as that term is used in this subsection, shall mean the
135-18 last act of either house meeting in general session necessary to
135-19 place the bill in its final form preparatory to enrollment.
135-20 (e) Subsections (a)-(d) of this section shall not apply to
135-21 any bills providing for:
135-22 (1) the payment of expenses of the legislature;
135-23 (2) the payment of judgments against the state;
135-24 (3) any emergency matter when requested by the
135-25 governor in a formal message to the legislature; or
135-26 (4) the reduction of taxes.
135-27 (f) Unless within the authority of a resolution or
136-1 resolutions adopted pursuant to Article VIII, Section 22(b), of the
136-2 Texas Constitution, it is not in order for the house to consider
136-3 for final passage on third reading, on motion to concur in senate
136-4 amendments, or on motion to adopt a conference committee report, a
136-5 bill appropriating funds from the state treasury in an amount that,
136-6 when added to amounts previously appropriated by bills finally
136-7 passed and sent or due to be sent to the comptroller, would exceed
136-8 the limit on appropriations established under Chapter 316,
136-9 Government Code.
136-10 (g) The general appropriations bill shall be reported to the
136-11 house by the Committee on Appropriations not later than the 90th
136-12 calendar day of the regular session. Should the Committee on
136-13 Appropriations fail to report by the deadline, Subsections (a)-(d)
136-14 of this section shall be suspended for the balance of that regular
136-15 session.
136-16 RULE 9. JOINT RESOLUTIONS
136-17 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
136-18 proposed amendment to the Texas Constitution shall take the form of
136-19 a joint resolution, which shall be subject to the rules that govern
136-20 the proceedings on bills, except as provided by this section.
136-21 (b) A joint resolution is not subject to the provisions of
136-22 Rule 8, Section 3, or Rule 11, Section 3.
136-23 (c) A joint resolution shall be adopted on any reading
136-24 after the first if it receives a two-thirds vote of the elected
136-25 membership of the house. If such a joint resolution receives only
136-26 a majority vote on second reading, it shall be passed to
136-27 engrossment, and subsequent proceedings shall be the same as those
137-1 governing the final passage of bills which have been passed to
137-2 engrossment. If such a joint resolution does not receive a
137-3 two-thirds vote of the elected membership of the house on third
137-4 reading and final passage, it shall fail of adoption.
137-5 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
137-6 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
137-7 proposed amendment to or application to Congress for a convention
137-8 to amend the Constitution of the United States shall take the form
137-9 of a joint resolution, which shall be subject to the rules that
137-10 govern the proceedings on bills, except that it shall be adopted on
137-11 second reading if it receives a majority vote of the members
137-12 present and voting, a quorum being present. If such a joint
137-13 resolution fails to receive a majority vote, it shall fail of
137-14 adoption and shall not be considered again unless revived by a
137-15 motion to reconsider as otherwise provided in the rules.
137-16 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
137-17 resolutions on committee report shall be referred to the Committee
137-18 on Calendars for placement on an appropriate calendar. The
137-19 Committee on Calendars shall maintain a separate calendar for house
137-20 joint resolutions and a separate calendar for senate joint
137-21 resolutions. Senate joint resolutions shall be considered on
137-22 calendar Wednesdays and calendar Thursdays along with senate bills.
137-23 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT
137-24 RESOLUTIONS
137-25 Sec. 1. FILING. Resolutions shall be introduced by the
137-26 filing of 13 [12] identical copies with the chief clerk, who shall
137-27 number and record house resolutions in one series and concurrent
138-1 resolutions in a separate series.
138-2 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
138-3 recording, all resolutions shall be sent to the speaker for
138-4 referral to the proper committee.
138-5 (b) Resolutions proposing the expenditure of money out of
138-6 the contingent expense fund of the legislature shall be referred to
138-7 the Committee on House Administration.
138-8 (c) All other resolutions shall be referred to the
138-9 appropriate committee with jurisdiction.
138-10 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
138-11 on committee report, other than privileged resolutions, shall be
138-12 referred immediately to the appropriate calendars committee for
138-13 placement on the appropriate calendar.
138-14 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
138-15 resolutions shall be considered by the house only at the time
138-16 assigned for their consideration on the calendar, in accordance
138-17 with the provisions of Rule 6, Section 7.
138-18 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
138-19 take the same course as house resolutions, except that they shall
138-20 be sent to the governor for signing when finally passed by both
138-21 houses.
138-22 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
138-23 office of mascot shall be named in and elected by a single house
138-24 resolution.
138-25 (b) Only children of house members who are under the age of
138-26 12 years shall be eligible for election to the honorary office of
138-27 mascot. A child once named a mascot shall not be eligible for the
139-1 honor a second time.
139-2 (c) No separate classification or special title shall be
139-3 given to any mascot, but all shall receive the same title of
139-4 honorary mascot of the house of representatives.
139-5 (d) The speaker shall issue a certificate showing the
139-6 election of each mascot and deliver it to the parent member of the
139-7 child.
139-8 Pictures of mascots shall appear on the panel picture of the
139-9 house.
139-10 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED SESSIONS.
139-11 The subject matter of house resolutions and concurrent resolutions
139-12 does not have to be submitted by the governor in a called session
139-13 before they can be considered.
139-14 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
139-15 Resolutions authorizing the enrolling clerk of the house or senate
139-16 to make technical corrections to a measure that has been finally
139-17 acted upon by both houses of the legislature shall be privileged in
139-18 nature and need not be referred to committee. Such resolutions
139-19 shall be eligible for consideration by the house upon introduction
139-20 in the house or receipt from the senate.
139-21 RULE 11. AMENDMENTS
139-22 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
139-23 resolution, motion, or proposition is under consideration, a motion
139-24 to amend and a motion to amend that amendment shall be in order.
139-25 It shall also be in order to offer a further amendment by way of a
139-26 substitute. Such a substitute may not be amended. If the
139-27 substitute is adopted, the question shall then be on the amendment
140-1 as substituted, and under this condition an amendment is not in
140-2 order.
140-3 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
140-4 AMENDMENTS. No motion or proposition on a subject different from
140-5 the subject under consideration shall be admitted as an amendment
140-6 or as a substitute for the motion or proposition under debate.
140-7 "Proposition" as used in this section shall include a bill,
140-8 resolution, joint resolution, or any other motion which is
140-9 amendable.
140-10 Amendments pertaining to the organization, powers,
140-11 regulation, and management of the agency, commission, or advisory
140-12 committee under consideration are germane to bills extending state
140-13 agencies, commissions, or advisory committees under the provisions
140-14 of the Texas Sunset Act (Chapter 325, Government Code).
140-15 An amendment to a committee substitute laid before the house
140-16 in lieu of an original bill is germane if each subject of the
140-17 amendment is a subject that is included in the committee substitute
140-18 or was included in the original bill.
140-19 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
140-20 bill shall be amended in its passage through either house so as to
140-21 change its original purpose.
140-22 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
140-23 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
140-24 resolution shall not be in order during its consideration on a
140-25 local, consent, and [or] resolutions calendar set by the Committee
140-26 on Local and Consent Calendars, unless the amendments have first
140-27 been submitted to and approved by the Committee on Local and
141-1 Consent Calendars, which shall be noted thereon by the chair of the
141-2 Committee on Local and Consent Calendars prior to the offering of
141-3 the amendments.
141-4 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
141-5 taken up on its third reading, amendments shall be in order, but
141-6 shall require a two-thirds vote of the members present for their
141-7 adoption. A bill on third reading may be recommitted to a
141-8 committee and later reported to the house with amendments, in which
141-9 case the bill shall again take the course of a bill at its second
141-10 reading.
141-11 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
141-12 amendment shall be filed with the speaker. When the amendment is
141-13 read, two copies shall go to the chief clerk, one copy to the
141-14 journal clerk, one copy to the reading clerk, and one copy to the
141-15 speaker. No amendment offered from the floor shall be in order
141-16 unless the sponsoring member has complied with the provisions of
141-17 this section with respect to copies of the amendment.
141-18 (b) Prior to the time that an amendment is offered, if the
141-19 amendment exceeds one page in length, the sponsoring member must
141-20 provide to the chief clerk a minimum of 15 copies to be available
141-21 for distribution to those members requesting copies of the
141-22 amendment.
141-23 (c) If the amendment is only one page in length or less, the
141-24 sponsoring member must provide one additional copy of the amendment
141-25 to the chief clerk, who shall immediately proceed to have
141-26 additional copies made and available for those members requesting
141-27 copies of the amendment.
142-1 (d) The provisions of this section with respect to extra
142-2 copies shall not apply to committee amendments or to amendments
142-3 which do nothing more than delete material from the bill or
142-4 resolution.
142-5 (e) The speaker shall not recognize a member to offer an
142-6 original amendment that exceeds one page in length and that is in
142-7 the form of a complete substitute for the bill or resolution laid
142-8 before the house, or in the opinion of the speaker is a substantial
142-9 substitute, unless 25 copies of the amendment have been provided to
142-10 the chief clerk and were available in the chief clerk's office at
142-11 least 12 hours prior to the time the calendar on which the bill or
142-12 resolution to be amended is eligible for consideration. The chief
142-13 clerk shall not be required to retain, for possible consideration
142-14 in the future, copies of an amendment to a measure that is
142-15 recommitted or returned to committee.
142-16 (f) An amendment may be typed, hand-printed, or handwritten,
142-17 but must be legible in order to be offered.
142-18 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
142-19 motions to amend shall be offered in the following order:
142-20 (1) motions to amend by striking out the enacting
142-21 clause of a bill (or the resolving clause of a resolution), which
142-22 amendment cannot be amended or substituted;
142-23 (2) motions to amend an original bill, resolution,
142-24 motion, or proposition (other than substitute bills as provided for
142-25 in Subdivision (3) below), which shall have precedence as follows:
142-26 (A) original amendment;
142-27 (B) amendment to the amendment;
143-1 (C) substitute for the amendment to the
143-2 amendment.
143-3 Recognition for the offering of original amendments shall be
143-4 as follows: first, the main author; second, the member or members
143-5 offering the committee amendment; and third, members offering other
143-6 amendments from the floor;
143-7 (3) motions to amend an original bill by striking out
143-8 all after the enacting clause (substitute bills), which substitute
143-9 bills shall be subject to amendment as follows:
143-10 (A) amendment to the substitute bill;
143-11 (B) substitute for the amendment to the
143-12 substitute bill.
143-13 Recognition for offering such substitute bills shall be as
143-14 follows: first, the main author of the original bill, if the
143-15 member has not sought to perfect the bill by amendments as provided
143-16 for in Subdivision (2) above; second, the member or members
143-17 offering the committee amendment; and, third, members offering
143-18 amendments from the floor.
143-19 It shall be in order under the procedure described in this
143-20 subdivision to have as many as four complete measures pending
143-21 before the house at one time; that is, an original bill, an
143-22 amendment striking out all after the enacting clause of the bill
143-23 and inserting a new bill body, an amendment to the amendment
143-24 striking out all after the enacting clause of the bill and
143-25 inserting a new bill body, and a substitute for this amendment to
143-26 the amendment to the original bill which is also a new bill body.
143-27 These "substitute bills" shall be voted on in the reverse order of
144-1 their offering;
144-2 (4) motions to amend the caption of a bill or joint
144-3 resolution, which may also be offered in accordance with Section
144-4 9(a) of this rule.
144-5 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
144-6 out and to insert new matter in lieu of that to be stricken out
144-7 shall be regarded as a substitute and shall be indivisible.
144-8 (b) Matter inserted or stricken out of an original bill by
144-9 way of amendment may not be taken out or reinserted at a later time
144-10 on the same reading except under the following conditions:
144-11 (1) reconsideration of the inserting or deleting
144-12 amendment;
144-13 (2) adoption of a "substitute bill" amendment;
144-14 (3) adoption of an amendment for a whole paragraph,
144-15 section or subdivision of a bill which so materially changes the
144-16 original text that the portion inserted or deleted is in fact of
144-17 minor importance.
144-18 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
144-19 of a bill or resolution shall not be in order until all other
144-20 proposed amendments have been acted on and the house is ready to
144-21 vote on the passage of the measure, and it shall then be decided
144-22 without debate.
144-23 (b) If the previous question has been ordered on a bill or
144-24 joint resolution at any reading, an amendment to the caption of
144-25 that bill or joint resolution may be offered and voted on
144-26 immediately preceding the final vote on the bill or joint
144-27 resolution.
145-1 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
145-2 amendments shall be admitted only when seconded by 25 members. The
145-3 motion may take either of two forms:
145-4 (1) to limit amendments to those pending before the
145-5 house; or
145-6 (2) to limit amendments to those pending on the
145-7 speaker's desk.
145-8 (b) The motion shall be put by the chair in this manner:
145-9 "The motion has been seconded. Three minutes pro and con debate
145-10 will be allowed on the motion to limit amendments." As soon as the
145-11 debate has ended, the chair shall continue: "As many as are in
145-12 favor of limiting amendments on (here state on which question or
145-13 questions) will say 'Aye,'" and then "As many as are opposed say
145-14 'Nay.'" As in all other propositions, a motion to limit amendments
145-15 shall be decided by a record vote if demanded by three members. If
145-16 ordered by a majority of the members voting, a quorum being
145-17 present, the motion shall have the effect of confining further
145-18 debate and consideration to those amendments included within the
145-19 motion, and thereafter the chair will accept no more amendments to
145-20 the proposition to which the motion is applied.
145-21 (c) The motion to limit amendments, if adopted, shall not in
145-22 any way cut off or limit debate or other parliamentary maneuvers on
145-23 the pending proposition or propositions or amendment or amendments
145-24 included within the motion. The sole function of the motion is to
145-25 prevent the chair from accepting further amendments to the
145-26 proposition to which the motion is applied.
145-27 (d) Except as otherwise provided, the motion to limit
146-1 amendments shall have no effect on the parliamentary situation to
146-2 which the motion is applied, and the matter to which the motion is
146-3 applied shall continue to be considered by the house in all other
146-4 respects as though the motion had not been made.
146-5 (e) The amendments that are included within the motion to
146-6 limit amendments shall each be subject to amendment, if otherwise
146-7 permitted under the rules.
146-8 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
146-9 motion to limit amendments is not subject to a motion to table.
146-10 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
146-11 is offered, followed by an amendment to that amendment, and then a
146-12 substitute for the amendment to the amendment, these questions
146-13 shall be voted on in the reverse order of their offering.
146-14 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
146-15 amendment is adopted, such action shall be certified by the chief
146-16 clerk on the amendment, and the official copy of the amendment
146-17 shall then be securely attached to the bill or resolution which it
146-18 amends.
146-19 RULE 12. PRINTING
146-20 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
146-21 Except as otherwise provided in this rule, all bills and joint
146-22 resolutions shall be printed and a copy provided to each member at
146-23 each of the following stages in the parliamentary progress of the
146-24 bill or joint resolution:
146-25 (1) at the time of the committee report on the bill or
146-26 joint resolution, which shall be known as "First Printing" and
146-27 which shall consist of:
147-1 (A) a complete text of the bill or joint
147-2 resolution as reported from committee;
147-3 (B) a complete copy of the [committee] bill
147-4 analysis prepared by the Office of House Bill Analysis, a complete
147-5 copy of the summary of committee action, and a complete copy of the
147-6 witness list;
147-7 (C) the text of the committee report;
147-8 (D) the record vote by which the measure was
147-9 reported from committee, including the vote of individual members;
147-10 (E) a copy of the latest fiscal note; and
147-11 (F) a copy of each impact statement received by
147-12 the committee;
147-13 (2) at the time the bill or joint resolution, if
147-14 amended, finally passes the senate, senate amendments and house
147-15 engrossment text will be printed, which shall be known as "Second
147-16 Printing"; and
147-17 (3) at the time the conference committee, if any,
147-18 makes its report on the bill or joint resolution, which shall be
147-19 known as "Third Printing."
147-20 (b) In any section of the first printing of a bill or joint
147-21 resolution that proposes to amend an existing statute or
147-22 constitutional provision, language sought to be deleted must be
147-23 bracketed and stricken through, and language sought to be added
147-24 must be underlined. This requirement does not apply to:
147-25 (1) an appropriations bill;
147-26 (2) a local bill;
147-27 (3) a game bill;
148-1 (4) a recodification bill;
148-2 (5) a redistricting bill;
148-3 (6) a section of a bill or joint resolution not
148-4 purporting to amend an existing statute or constitutional
148-5 provision;
148-6 (7) a section of a bill or joint resolution that
148-7 revises the entire text of an existing statute or constitutional
148-8 provision, to the extent that it would confuse rather than clarify
148-9 to show deletions and additions; and
148-10 (8) a section of a bill or joint resolution providing
148-11 for severability, nonseverability, emergency, or repeal of an
148-12 existing statute or constitutional provision.
148-13 (c) The speaker may overrule a point of order raised as to a
148-14 violation of Subsection (b) of this section if the violation is
148-15 typographical or minor and does not tend to deceive or mislead.
148-16 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
148-17 after the first printing except when ordered printed by a majority
148-18 vote of the house.
148-19 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
148-20 shall be printed only if the resolution:
148-21 (1) grants permission to sue the state;
148-22 (2) memorializes Congress to take or to refrain from
148-23 taking certain action;
148-24 (3) sets legislative policy or declares legislative
148-25 intent;
148-26 (4) makes corrective changes in any bill, joint
148-27 resolution, or conference committee report;
149-1 (5) establishes or interprets policy for a state
149-2 agency, department, or political subdivision;
149-3 (6) establishes, modifies, or changes internal
149-4 procedures or administration of the legislature or any component
149-5 part thereof;
149-6 (7) proposes an amendment to the Joint Rules of the
149-7 Senate and the House of Representatives; or
149-8 (8) is ordered printed by a majority vote of the
149-9 house.
149-10 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
149-11 printed only if the resolution:
149-12 (1) proposes an amendment to the rules of the house;
149-13 (2) establishes, modifies, or changes the internal
149-14 procedures and administration of the house;
149-15 (3) establishes legislative policy or interprets
149-16 legislative intent; or
149-17 (4) is ordered printed by a majority of the house.
149-18 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
149-19 REQUIREMENTS. Except for matter to be printed in the journal, all
149-20 requirements contained in the rules with respect to the printing of
149-21 bills, resolutions, reports, and other matters shall be considered
149-22 complied with if the material is adequately and properly reproduced
149-23 by any acceptable means of reproduction.
149-24 RULE 13. INTERACTIONS WITH THE GOVERNOR
149-25 AND SENATE
149-26 CHAPTER A. MESSAGES
149-27 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
150-1 communications from the governor shall be received when announced,
150-2 and shall be read on the calendar day received.
150-3 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
150-4 the senate shall be received when announced. Senate bills
150-5 announced as passed shall be read for the first time and referred
150-6 to the appropriate committee as soon as practicable.
150-7 (b) Messages from the senate announcing amendments to house
150-8 bills and resolutions, nonconcurrence in house amendments to senate
150-9 bills and resolutions, requests for conference committees, reports
150-10 of conference committees, and all other matters of disagreement,
150-11 amendments, and requests between the two houses, shall go to the
150-12 speaker's desk in their regular order, but may be called up for
150-13 action by the house at any time as a privileged matter, yielding
150-14 only to a motion to adjourn.
150-15 CHAPTER B. SENATE AMENDMENTS
150-16 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
150-17 resolution, or other matter is returned to the house with senate
150-18 amendments, the house may:
150-19 (1) agree to the amendments; or
150-20 (2) disagree to all of the amendments and ask for a
150-21 conference committee; or
150-22 (3) agree to one or more of the amendments and
150-23 disagree as to the remainder and request a conference committee to
150-24 consider those in disagreement; or
150-25 (4) agree to one or more and disagree as to the
150-26 remainder; or
150-27 (5) disagree to all amendments.
151-1 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
151-2 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
151-3 amendments thereto must be adopted by a vote of two-thirds of the
151-4 elected membership of the house.
151-5 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
151-6 to house bills and resolutions must be printed and copies provided
151-7 to the members at least 24 hours before any action can be taken
151-8 thereon by the house during a regular or special session.
151-9 (b) When a house bill or joint resolution, other than the
151-10 general appropriations bill, with senate amendments is returned to
151-11 the house, the chief clerk shall request the Legislative Budget
151-12 Board to prepare a fiscal note outlining the fiscal implications
151-13 and probable cost of the measure as impacted by the senate
151-14 amendments. A copy of the fiscal note shall be made available to
151-15 each member [distributed to the members] before any action can be
151-16 taken on the senate amendments by the house.
151-17 CHAPTER C. CONFERENCE COMMITTEES
151-18 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
151-19 between the senate and the house by committee, the number of
151-20 committee members from each house shall be five. All votes on
151-21 matters of difference shall be taken by each committee separately.
151-22 A majority of each committee shall be required to determine the
151-23 matter in dispute. Reports by conference committees must be signed
151-24 by a majority of each committee of the conference.
151-25 Sec. 7. MEETINGS. House conferees when meeting with senate
151-26 conferees to adjust differences shall meet in public and shall give
151-27 a reasonable amount of notice of the meeting in the place
152-1 designated for giving notice of meetings of house standing
152-2 committees. Any such meeting shall be open to the news media. Any
152-3 conference committee report adopted in private shall not be
152-4 considered by the house.
152-5 Sec. 8. INSTRUCTIONS. Instructions to a conference
152-6 committee shall be made after the conference is ordered and before
152-7 the conferees are appointed by the speaker, and not thereafter.
152-8 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
152-9 committees shall limit their discussions and their actions solely
152-10 to the matters in disagreement between the two houses. A
152-11 conference committee shall have no authority with respect to any
152-12 bill or resolution:
152-13 (1) to change, alter, or amend text which is not in
152-14 disagreement;
152-15 (2) to omit text which is not in disagreement;
152-16 (3) to add text on any matter which is not in
152-17 disagreement;
152-18 (4) to add text on any matter which is not included in
152-19 either the house or senate version of the bill or resolution.
152-20 This rule shall be strictly construed by the presiding
152-21 officer in each house to achieve these purposes.
152-22 (b) Conference committees on appropriations bills, like
152-23 other conference committees, shall limit their discussions and
152-24 their actions solely to the matters in disagreement between the two
152-25 houses. In addition to the limitations contained elsewhere in the
152-26 rules, a conference committee on appropriations bills shall be
152-27 strictly limited in its authority as follows:
153-1 (1) If an item of appropriation appears in both house
153-2 and senate versions of the bill, the item must be included in the
153-3 conference committee report.
153-4 (2) If an item of appropriation appears in both house
153-5 and senate versions of the bill, and in identical amounts, no
153-6 change can be made in the item or the amount.
153-7 (3) If an item of appropriation appears in both house
153-8 and senate versions of the bill but in different amounts, no change
153-9 can be made in the item, but the amount shall be at the discretion
153-10 of the conference committee, provided that the amount shall not
153-11 exceed the larger version and shall not be less than the smaller
153-12 version.
153-13 (4) If an item of appropriation appears in one version
153-14 of the bill and not in the other, the item can be included or
153-15 omitted at the discretion of the conference committee. If the item
153-16 is included, the amount shall not exceed the sum specified in the
153-17 version containing the item.
153-18 (5) If an item of appropriation appears in neither the
153-19 house nor the senate version of the bill, the item must not be
153-20 included in the conference committee report. However, the
153-21 conference committee report may include appropriations for purposes
153-22 or programs authorized by bills that have been passed and sent to
153-23 the governor and may include contingent appropriations for purposes
153-24 or programs authorized by bills that have been passed by at least
153-25 one house.
153-26 This rule shall be strictly construed by the presiding
153-27 officer in each house to achieve these purposes.
154-1 (c) Conference committees on tax bills, like other
154-2 conference committees, shall limit their discussions and their
154-3 actions solely to the matters in disagreement between the two
154-4 houses. In addition to the limitations contained elsewhere in the
154-5 rules, a conference committee on a tax bill shall be strictly
154-6 limited in its authority as follows:
154-7 (1) If a tax item appears in both house and senate
154-8 versions of the bill, the item must be included in the conference
154-9 committee report.
154-10 (2) If a tax item appears in both house and senate
154-11 versions of the bill, and in identical form and with identical
154-12 rates, no change can be made in the item or the rate provided.
154-13 (3) If a tax item appears in both house and senate
154-14 versions of the bill but at differing rates, no change can be made
154-15 in the item, but the rate shall be at the discretion of the
154-16 conference committee, provided that the rate shall not exceed the
154-17 higher version and shall not be less than the lower version.
154-18 (4) If a tax item appears in one version of the bill
154-19 and not in the other, the item can be included or omitted at the
154-20 discretion of the conference committee. If the item is included,
154-21 the rate shall not exceed the rate specified in the version
154-22 containing the item.
154-23 (5) If a tax item appears in neither the house nor the
154-24 senate version of the bill, the item must not be included in the
154-25 conference committee report.
154-26 This rule shall be strictly construed by the presiding
154-27 officer in each house to achieve these purposes.
155-1 (d) Conference committees on reapportionment bills, to the
155-2 extent possible, shall limit their discussions and their actions to
155-3 the matters in disagreement between the two houses. Since the
155-4 adjustment of one district in a reapportionment bill will
155-5 inevitably affect other districts, the strict rule of construction
155-6 imposed on other conference committees must be relaxed somewhat
155-7 when reapportionment bills are involved. Accordingly, the
155-8 following authority and limitations shall apply only to conference
155-9 committees on reapportionment bills:
155-10 (1) If the matters in disagreement affect only certain
155-11 districts, and other districts are identical in both house and
155-12 senate versions of the bill, the conference committee shall make
155-13 adjustments only in those districts whose rearrangement is
155-14 essential to the effective resolving of the matters in
155-15 disagreement. All other districts shall remain unchanged.
155-16 (2) If the matters in disagreement permeate the entire
155-17 bill and affect most, if not all, of the districts, the conference
155-18 committee shall have wide discretion in rearranging the districts
155-19 to the extent necessary to resolve all differences between the two
155-20 houses.
155-21 (3) Insofar as the actual structure of the districts
155-22 is concerned, and only to that extent, the provisions of Subsection
155-23 (a) of this section shall not apply to conference committees on
155-24 reapportionment bills.
155-25 (e) Conference committees on recodification bills, like
155-26 other conference committees, shall limit their discussions and
155-27 their actions solely to the matters in disagreement between the two
156-1 houses. The comprehensive and complicated nature of recodification
156-2 bills makes necessary the relaxing of the strict rule of
156-3 construction imposed on other conference committees only to the
156-4 following extent:
156-5 (1) If it develops in conference committee that
156-6 material has been inadvertently included in both house and senate
156-7 versions which properly has no place in the recodification, that
156-8 material may be omitted from the conference committee report, if by
156-9 that omission the existing statute is not repealed, altered, or
156-10 amended.
156-11 (2) If it develops in conference committee that
156-12 material has been inadvertently omitted from both the house and
156-13 senate versions which properly should be included if the
156-14 recodification is to achieve its purpose of being all-inclusive of
156-15 the statutes being recodified, that material may be added to the
156-16 conference committee report, if by the addition the existing
156-17 statute is merely restated without substantive change in existing
156-18 law.
156-19 (f) Limitations imposed on certain conference committees by
156-20 the provisions of this section may be suspended in part by
156-21 permission of the house to allow consideration of and action on a
156-22 specific matter or matters which otherwise would be prohibited.
156-23 Permission shall be granted only by resolution passed by majority
156-24 vote of the house. All such resolutions shall be privileged in
156-25 nature and need not be referred to a committee. The introduction
156-26 of such a resolution shall be announced from the house floor and
156-27 the resolution shall be eligible for consideration by the house one
157-1 hour after a copy of the resolution has been distributed to each
157-2 member. The time at which the copies of such a resolution are
157-3 distributed to the members shall be time-stamped on the originals
157-4 of the resolution. The resolution shall specify in detail:
157-5 (1) the exact nature of the matter or matters proposed
157-6 to be considered;
157-7 (2) the specific limitation or limitations to be
157-8 suspended;
157-9 (3) the specific action contemplated by the conference
157-10 committee; and
157-11 (4) except for a resolution suspending the limitations
157-12 on the conferees for the general appropriations bill, the reasons
157-13 that suspension of the limitations is being requested.
157-14 In the application of this subsection to appropriations
157-15 bills, the resolution [shall include a general statement outlining
157-16 a proposed salary plan but] need not include changes in amounts
157-17 resulting from a proposed [the] salary plan or changes in format
157-18 that do not affect the amount of an appropriation or the method of
157-19 finance of an appropriation, but shall include a general statement
157-20 describing the salary plan or format change. The resolution need
157-21 not include [and] differences in language which do not affect the
157-22 substance of the bill.
157-23 Permission thus granted shall suspend the limitations only
157-24 for the matter or matters clearly specified in the resolution, and
157-25 the action of the conference committee shall be in conformity with
157-26 the resolution.
157-27 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
158-1 conference committee reports must be printed and a copy furnished
158-2 to each member at least 24 hours before action can be taken on the
158-3 report by the house during a regular or special session.
158-4 (b) Three original copies of a conference committee report
158-5 shall be submitted to the chief clerk for printing. Each original
158-6 conference committee report shall contain the following:
158-7 (1) the signatures of the house conferees and senate
158-8 conferees who voted to adopt the conference committee report;
158-9 (2) the text of the bill or resolution as adopted by
158-10 the conference committee; and
158-11 (3) an analysis of the conference committee report as
158-12 required by Section 11 of this rule.
158-13 (c) Before action can be taken by the house on a conference
158-14 committee report on a bill or joint resolution, other than the
158-15 general appropriations bill, a fiscal note outlining the fiscal
158-16 implications and probable cost of the conference committee report
158-17 shall be submitted to the chief clerk, and a copy of the fiscal
158-18 note shall be made available [furnished] to each member.
158-19 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
158-20 committees shall include an analysis showing wherein the report
158-21 differs from the house and senate versions of the bill, resolution,
158-22 or other matter in disagreement. The analysis of appropriations
158-23 bills shall show in dollar amounts the differences between the
158-24 conference committee report and the house and senate versions. No
158-25 conference committee report shall be considered by the house unless
158-26 such an analysis has been prepared and distributed to each
158-27 member.
159-1 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
159-2 report is not subject to amendment, but must be accepted or
159-3 rejected in its entirety. While a conference committee report is
159-4 pending, a motion to deal with individual amendments in
159-5 disagreement is not in order.
159-6 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
159-7 committee report is not acceptable to the house for any reason, it
159-8 may be recommitted to the same committee with the request for
159-9 further consideration, and the house may or may not give any
159-10 specific instructions on the report to the conference committee; or
159-11 the house may request the appointment by the senate of a new
159-12 conference committee and then proceed to empower the speaker to
159-13 name new conferees for the house.
159-14 RULE 14. GENERAL PROVISIONS
159-15 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
159-16 inexplicit on any question of order or parliamentary practice, the
159-17 Rules of the House of Representatives of the United States
159-18 Congress, and its practice as reflected in Hind's and Cannon's
159-19 Precedents, and Mason's Manual of Legislative Procedure shall be
159-20 considered as authority.
159-21 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
159-22 rules of the house shall be proposed by house resolutions which
159-23 shall be referred at once, without debate, to the Committee on
159-24 Rules and Resolutions for study and recommendation.
159-25 (b) A resolution proposing an amendment to the rules shall
159-26 not be considered by the house until a printed copy of the
159-27 resolution has been provided to each member of the house at least
160-1 48 hours before consideration.
160-2 (c) Amendments to the rules shall require a majority vote of
160-3 the house for adoption.
160-4 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
160-5 the rules shall be in order at any time, except when motions to
160-6 adjourn or recess are pending, even when the house is operating
160-7 under the previous question. A motion to "suspend all rules" shall
160-8 be sufficient to suspend every rule under which the house is
160-9 operating for a particular purpose except the provisions of the
160-10 constitution, the statutes, and the joint rules of the two houses.
160-11 If the rules have been suspended on a main motion for a given
160-12 purpose, no other motion to suspend the rules on a main motion
160-13 shall be in order until the original purpose has been accomplished.
160-14 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
160-15 shall not be in order to move to suspend the rules or the regular
160-16 order of business to take up a measure out of its regular order,
160-17 and the speaker shall not recognize anyone for either purpose,
160-18 unless the speaker has announced to the house in session that the
160-19 speaker would recognize a member for that purpose at least one hour
160-20 before the member is so recognized to make the motion. In making
160-21 the announcement to the house, the speaker shall advise the house
160-22 of the member's name and the bill number, and this information,
160-23 together with the time that the announcement was made, shall be
160-24 entered in the journal. This rule may be suspended only by
160-25 unanimous consent.
160-26 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
160-27 of the house may be suspended by an affirmative vote of two-thirds
161-1 of the members present. However, if a rule contains a specific
161-2 provision showing the vote by which that rule may be suspended,
161-3 that vote shall be required for the suspension of the rule. The
161-4 specific provision may not be suspended under the provisions of
161-5 this section.
161-6 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
161-7 measure taken up under suspension and not disposed of on the same
161-8 day shall go over as pending or unfinished business to the next day
161-9 that the house is in session, and shall be considered thereafter
161-10 from day to day (except the days used for the consideration of
161-11 senate bills) until disposed of.
Wilson Averitt
Brimer Cook
Cuellar Dunnam
Edwards Ehrhardt
Goodman Hamric
Hinojosa Lengefeld
McCall McClendon
Solomons Staples
Telford Walker
_______________________________
Speaker of the House
I certify that H.R. No. 5 was adopted by the House on January
14, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House