By: Brown S.R. No. 40
SENATE RESOLUTION
1-1 BE IT RESOLVED by the Senate of the State of Texas, That the
1-2 Rules of the Senate of the 75th Legislature are adopted as the
1-3 Permanent Rules of the 76th Legislature with the following
1-4 modifications:
1-5 1. Amend Rule 5.08 to read as follows:
1-6 MORNING CALL
1-7 Rule 5.08. The President then shall call:
1-8 (1) [for reports from select committees;]
1-9 [(2)] for Senate bills and resolutions and House bills
1-10 and resolutions on first reading and referral to committee;
1-11 (2) [(3)] for the introduction and consideration of
1-12 resolutions;
1-13 (3) [(4)] for messages and executive communications;
1-14 (4) [(5)] for motions to print on minority reports;
1-15 (5) [(6)] for other motions not provided herein,
1-16 including but not limited to motions to set a bill for special
1-17 order, to reconsider, to print and not print bills, to rerefer
1-18 bills, to concur in House amendments to Senate bills, to not concur
1-19 in House amendments to Senate bills, to request the appointment of
1-20 conference committees, and to adopt conference committee reports.
1-21 This concludes the morning call, which the President shall
1-22 announce to the Senate.
1-23 It shall not be in order, during the morning call, to move to
1-24 take up a bill or resolution out of its regular order, and the
2-1 presiding officer shall not recognize any Senator for the purpose
2-2 of making any such motion or making a motion to suspend this rule.
2-3 2. Amend Rule 6.08 to read as follows:
2-4 MOTIONS TO REFER OR COMMIT
2-5 Rule 6.08. Any bill, petition, or resolution may be referred
2-6 from one committee or subcommittee to another committee or
2-7 subcommittee if the motion is approved by the chairs of both
2-8 committees involved and by a two-thirds vote of the members present
2-9 and voting. Any bill, petition, or resolution may be committed to
2-10 any committee or subcommittee at any stage of the proceedings on
2-11 such bill, petition, or resolution by a majority vote of the
2-12 elected members of the Senate. A bill or joint resolution
2-13 committed to a committee or subcommittee while on third reading
2-14 shall be considered as on its second reading if reported favorably
2-15 back to the Senate.
2-16 When several motions shall be made for reference of a subject
2-17 to a committee, they shall have preference in the following order:
2-18 First: To a Committee of the Whole Senate
2-19 Second: To a standing committee
2-20 Third: To a standing subcommittee
2-21 Fourth: To a special [select] committee.
2-22 3. (A) Amend Rule 7.09, Senate Rules, by adding a new Subsection
2-23 (m) and amending and relettering current Subsection (m) to read as
2-24 follows:
2-25 (m) If the director of the Legislative Budget Board
2-26 determines that a bill or joint resolution expressly or impliedly
3-1 amends the open records law, the open meetings law, or other law in
3-2 a manner that may reduce public access to government information or
3-3 to the transaction of public business, the director shall prepare
3-4 and forward to the chair of the committee to which the measure is
3-5 referred an open government impact statement. The statement shall
3-6 estimate the impact of the proposed policy changes on public access
3-7 to government information or to the transaction of public business.
3-8 The provisions of this subsection do not apply if the author or
3-9 sponsor certifies in writing to the chairman of the committee to
3-10 which the bill was referred that the bill does not reduce public
3-11 access to government information or to the transaction of public
3-12 business.
3-13 (n) If the director of the Legislative Budget Board has
3-14 determined that an impact statement is required, pursuant to
3-15 Subsection (i), (j), (k), [or] (l), or (m) of this rule, for any
3-16 bill or joint resolution, except the general appropriations bill,
3-17 the impact statement shall be attached to the measure prior to a
3-18 final vote by a committee to report the measure.
3-19 (B) Reletter subsequent subsections appropriately.
3-20 4. Amend Rule 7.24 to read as follows:
3-21 DEADLINE FOR REPORT
3-22 Rule 7.24. (a) No bill shall be considered, unless it has
3-23 been first referred to a committee and reported thereon, and no
3-24 bill shall be passed which has not been presented and referred to
3-25 and reported from a committee at least three days before the final
3-26 adjournment of the Legislature. (Constitution, Article III,
4-1 Section 37)
4-2 (b) No bill shall be considered during a regular session
4-3 which has not been presented and referred to and reported from a
4-4 Senate committee at least 17 [15] days before the final adjournment
4-5 of the Legislature. It shall require a vote of four-fifths of the
4-6 members present to suspend this rule.
4-7 5. Amend Rules 11.02 and 11.03 to read as follows:
4-8 LIST OF [SPECIAL AND] STANDING COMMITTEES
4-9 Rule 11.02. At the beginning of each regular session, the
4-10 President shall appoint the following [special committees and]
4-11 standing committees with the number of members indicated:
4-12 [SPECIAL COMMITTEES]
4-13 [(1) General Investigating Committee (5 members)]
4-14 [(2) Committee on Veteran Affairs and Military
4-15 Installations (5 members)]
4-16 STANDING COMMITTEES
4-17 (1) Committee on Administration (5 [7] members)
4-18 (2) Committee on Criminal Justice (7 members)
4-19 (3) Committee on Economic Development (7 [11] members)
4-20 (4) Committee on Education (9 [11] members)
4-21 (5) Committee on Finance (11 [13] members)
4-22 (6) Committee on Health [and Human] Services (5 [11]
4-23 members)
4-24 (7) Committee on Human Services (5 members)
4-25 (8) Committee on Intergovernmental Relations (5 [11]
4-26 members)
5-1 [(8) Committee on International Relations, Trade, and
5-2 Technology (9 members)]
5-3 (9) Committee on Jurisprudence (5 [7] members)
5-4 (10) Committee on Natural Resources (7 [11] members)
5-5 (11) Committee on Nominations (7 members)
5-6 (12) Committee on State Affairs (9 [13] members)
5-7 (13) Committee on Veteran Affairs and Military
5-8 Installations (5 members)
5-9 [OTHER] SPECIAL COMMITTEES
5-10 Rule 11.03. (a) The President may appoint [additional]
5-11 special committees and may appoint standing subcommittees within
5-12 committees including subcommittees of the Committee of the Whole
5-13 Senate. The number of members of these committees and
5-14 subcommittees shall be determined by the President.
5-15 (b) A special committee has the jurisdiction, authority, and
5-16 duties and exists for the period of time specified in the charge of
5-17 the President. A special committee has the powers granted by these
5-18 rules to a standing committee except as limited by the charge of
5-19 the President.
5-20 (c) The President may direct that a subcommittee of the
5-21 Whole Senate appointed under this rule report directly to the
5-22 Senate concerning any matter within its jurisdiction.
5-23 6. Strike Rule 11.05 as follows and renumber subsequent rules and
5-24 cross references appropriately:
5-25 [LIMITATIONS ON MEMBERSHIP OF COMMITTEES]
5-26 [Rule 11.05. A Senator's appointment to any committee or
6-1 subcommittee, standing, special, select, statutory, or otherwise,
6-2 is terminated if the Senator is not renominated to the Senate.]
6-3 7. Amend Rule 12.08 to read as follows:
6-4 SUSPENSION OF CONFERENCE COMMITTEE RULES
6-5 Rule 12.08. Limitations imposed on certain conference
6-6 committees by the provisions of Rules 12.03, 12.04, 12.05, 12.06,
6-7 and 12.07 may be suspended, in part, by permission of the Senate to
6-8 enable consideration of and action on a specific matter or matters
6-9 which otherwise would be in violation thereof. Such permission
6-10 shall be granted only by resolution passed by majority vote of the
6-11 Senate, with yeas and nays thereon to be recorded in the journal of
6-12 the Senate. Such resolution shall specify in detail: (1) the
6-13 exact nature of the matter or matters proposed to be considered;
6-14 (2) the specific limitation or limitations to be suspended thereby;
6-15 (3) the specific action contemplated by the conference committee
6-16 thereon; and (4) except for a resolution suspending the limitations
6-17 on the conferees for the general appropriations bill, the reasons
6-18 why suspension of such limitations is being requested. In the
6-19 application of this rule to appropriations bills, the resolution
6-20 [shall include a general statement outlining a proposed salary plan
6-21 but] need not include changes in amounts resulting from a proposed
6-22 [the] salary plan or changes in format that do not affect the
6-23 amount of an appropriation or the method of finance of an
6-24 appropriation, but shall include a general statement describing the
6-25 salary plan or format change. The resolution need not include
6-26 [and] differences in language which do not affect the substance of
7-1 the bill. Permission thus granted shall suspend such limitations
7-2 only for the matter or matters clearly specified in the resolution,
7-3 and action of the conference committee shall be in conformity
7-4 therewith.
7-5 8. Amend Rule 16.04 to read as follows:
7-6 MATTERS REQUIRING VOTE OF
7-7 FOUR-FIFTHS OF MEMBERS PRESENT
7-8 Rule 16.04. A vote of four-fifths of the members present
7-9 shall be required to:
7-10 (1) suspend the constitutional rule requiring bills to
7-11 be read on three several days; Rule 7.18 (Constitution, Article
7-12 III, Section 32) See note to Rule 7.18.
7-13 (2) suspend the requirement that a bill be reported
7-14 from a Senate committee at least 17 [15] days before final
7-15 adjournment of a regular session; Rule 7.24 (Constitution, Article
7-16 III, Section 37)
7-17 (3) pass a bill on third reading after the 135th
7-18 calendar day of a regular session; Rule 7.25.
7-19 (4) take any action on a bill except to correct an
7-20 error therein; Rule 7.25.
7-21 (5) suspend the Intent Calendar rules; Rule 5.14.
7-22 (6) reset a special order to earlier time. Rule 5.11.
7-23 ______________________________________
7-24 President of the Senate
7-25 I hereby certify that the above
7-26 Resolution was adopted by the Senate
7-27 on January 20, 1999, by the following
7-28 vote: Yeas 30, Nays 0.
7-29 ______________________________________
7-30 Secretary of the Senate
8-1 ______________________________________
8-2 Member, Texas Senate