By Wilson H.R. No. 5
77R3665 SC-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, That the following are adopted as the permanent rules of
1-3 the House of Representatives of the 77th [76th] 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 ............................................ 109
1-16 8. BILLS .............................................. 125
1-17 9. JOINT RESOLUTIONS .................................. 139
1-18 10. HOUSE RESOLUTIONS AND CONCURRENT
1-19 RESOLUTIONS ...................................... 141
1-20 11. AMENDMENTS ......................................... 143
1-21 12. PRINTING ........................................... 150
1-22 13. INTERACTIONS WITH THE GOVERNOR
1-23 AND SENATE ....................................... 154
1-24 14. GENERAL PROVISIONS ................................. 164
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 (O) the statement of a member who was absent
14-23 when a vote was taken indicating how the member would have voted;
14-24 and
14-25 (P) official state documents, reports, and other
14-26 matters, when ordered by the house;
14-27 (2) prepare a daily journal for each calendar day that
15-1 the house is in session and distribute copies to the members of the
15-2 house on the succeeding calendar day or the earliest possible date;
15-3 and
15-4 (3) prepare and have printed a permanent house journal
15-5 of regular and special sessions in accordance with the law and the
15-6 following provisions:
15-7 (A) When completed, no more than 300 copies
15-8 shall be bound and distributed as follows:
15-9 (i) one copy to each member of the house
15-10 of representatives;
15-11 (ii) one copy to each member of the
15-12 senate; and
15-13 (iii) the remainder of the copies to be
15-14 distributed by the Committee on House Administration.
15-15 (B) The journal clerk shall not receive or
15-16 receipt for the permanent house journal until it has been correctly
15-17 published.
15-18 Sec. 3. READING CLERKS. The reading clerks, under the
15-19 supervision of the speaker, shall:
15-20 (1) call the roll of the house in alphabetical order
15-21 when ordered to do so by the speaker; and
15-22 (2) read all bills, resolutions, motions, and other
15-23 matters required by the rules or directed by the speaker.
15-24 Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
15-25 (1) under the direction of the speaker, have charge of
15-26 and maintain order in the hall of the house, its lobbies and
15-27 galleries, and all other rooms in the capitol assigned for the use
16-1 of the house of representatives;
16-2 (2) attend the house and the committee of the whole
16-3 during all meetings and maintain order under the direction of the
16-4 speaker or other presiding officer;
16-5 (3) execute the commands of the house and serve the
16-6 writs and processes issued by the authority of the house and
16-7 directed by the speaker;
16-8 (4) supervise assistants to the sergeant-at-arms who
16-9 shall aid in the performance of prescribed duties and have the same
16-10 authority, subject to the control of the speaker;
16-11 (5) clear the floor of the house of all persons not
16-12 entitled to the privileges of the floor at least 30 minutes prior
16-13 to the convening of each session of the house;
16-14 (6) bring in absent members when so directed under a
16-15 call of the house;
16-16 (7) not allow the distribution of any printed matter
16-17 in the hall of the house, other than newspapers that have been
16-18 published at least once a week for a period of one year, unless it
16-19 first has been authorized in writing by at least one member of the
16-20 house and the name of the member appears on the printed matter.
16-21 The sergeant-at-arms shall refuse to accept for distribution any
16-22 printed matter which does not bear the name of the member or
16-23 members authorizing the distribution;
16-24 (8) keep a copy of written authorization and a record
16-25 of the matter distributed in the permanent files of the house;
16-26 (9) enforce parking regulations applicable to areas of
16-27 the capitol complex under the control of the house and supervise
17-1 parking attendants; and
17-2 (10) supervise the doorkeeper.
17-3 Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
17-4 of the sergeant-at-arms, shall:
17-5 (1) enforce strictly the rules of the house relating
17-6 to privileges of the floor and perform other duties as directed by
17-7 the speaker;
17-8 (2) close the main entrance and permit no member to
17-9 leave the house without written permission from the speaker when a
17-10 call of the house or a call of the committee of the whole is
17-11 ordered, take up permission cards as members leave the hall, and
17-12 take up permission cards of those who are admitted to the floor of
17-13 the house under the rules and practice of the house;
17-14 (3) obtain recognition from the speaker and announce a
17-15 messenger from the governor or the senate on arrival at the bar of
17-16 the house; and
17-17 (4) obtain recognition from the speaker and announce
17-18 the arrival of the governor or the senate on arrival at the bar of
17-19 the house for official proceedings in the house.
17-20 Sec. 6. CHAPLAIN. The chaplain shall open the first session
17-21 on each calendar day with a prayer and shall perform such other
17-22 duties as directed by the Committee on House Administration.
17-23 Sec. 7. VOTING CLERK. The voting clerk, under the
17-24 supervision of the speaker, shall:
17-25 (1) open and close the voting machine on registrations
17-26 and record votes as ordered by the speaker;
17-27 (2) record votes from the floor as directed by the
18-1 speaker;
18-2 (3) prepare official copies of all record votes for
18-3 the journal;
18-4 (4) make no additions, subtractions, or other changes
18-5 in any registration or record vote unless specifically granted
18-6 permission by the house or directed by the speaker prior to the
18-7 announcement of the final result; and
18-8 (5) lock the voting machine of each member who is
18-9 excused or who is otherwise known to be absent when the house is in
18-10 session until the member personally requests that the machine be
18-11 unlocked.
18-12 RULE 3. STANDING COMMITTEES
18-13 Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall have
18-14 nine members, with jurisdiction over all matters pertaining to:
18-15 (1) agriculture, horticulture, and farm husbandry;
18-16 (2) livestock and stock raising, and the livestock
18-17 industry;
18-18 (3) the development and preservation of forests, and
18-19 the regulation, control, and promotion of the lumber industry; and
18-20 (4) the following state agencies: the Department of
18-21 Agriculture, the Texas Animal Health Commission, the State Soil and
18-22 Water Conservation Board, the Texas Forest Service, the Office of
18-23 South Central Interstate Forest Fire Protection Compact, the Office
18-24 of Chief Apiary Inspector, the Texas Agricultural Experiment
18-25 Station, the Texas Agricultural Extension Service, the Texas Food
18-26 and Fibers Commission, the State Seed and Plant Board, the State
18-27 Board of Veterinary Medical Examiners, the Texas Veterinary Medical
19-1 Diagnostic Laboratory, the Produce Recovery Fund Board, the Texas
19-2 Structural Pest Control Board, the board of directors of the Texas
19-3 Boll Weevil Eradication Foundation, Inc., and the Texas Animal
19-4 Damage Control Service.
19-5 Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
19-6 members, with jurisdiction over:
19-7 (1) all bills and resolutions appropriating money from
19-8 the state treasury;
19-9 (2) all bills and resolutions containing provisions
19-10 resulting in automatic allocation of funds from the state
19-11 treasury;
19-12 (3) all bills and resolutions diverting funds from the
19-13 state treasury or preventing funds from going in that otherwise
19-14 would be placed in the state treasury; and
19-15 (4) all matters pertaining to claims and accounts
19-16 filed with the legislature against the state unless jurisdiction
19-17 over those bills and resolutions is specifically granted by these
19-18 rules to some other standing committee.
19-19 (b) The appropriations committee may comment upon any bill
19-20 or resolution containing a provision resulting in an automatic
19-21 allocation of funds.
19-22 Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
19-23 nine members, with jurisdiction over all matters pertaining to:
19-24 (1) industry and manufacturing;
19-25 (2) industrial safety and adequate and safe working
19-26 conditions, and the regulation and control of those conditions;
19-27 (3) hours, wages, collective bargaining, and the
20-1 relationship between employers and employees;
20-2 (4) the regulation of business transactions and
20-3 transactions involving property interests;
20-4 (5) the organization, incorporation, management, and
20-5 regulation of private corporations and professional associations
20-6 and the Uniform Commercial Code and the Limited Partnership Act;
20-7 (6) the protection of consumers, governmental
20-8 regulations incident thereto, the agencies of government authorized
20-9 to regulate such activities, and the role of the government in
20-10 consumer protection; and
20-11 (7) the following state agencies: the State Office of
20-12 Risk Management, the Risk Management Board, the Texas Workers'
20-13 Compensation Commission, the Texas Workers' Compensation Insurance
20-14 Fund Board, the Texas Workers' Compensation Insurance Facility
20-15 Governing Committee, and the Research and Oversight Council on
20-16 Workers' Compensation.
20-17 Sec. 4. CALENDARS (PROCEDURAL). The committee shall have 11
20-18 members, with jurisdiction over:
20-19 (1) the placement of bills and resolutions on
20-20 appropriate calendars, except those within the jurisdiction of the
20-21 Committee on Rules and Resolutions;
20-22 (2) the determination of priorities and proposal of
20-23 rules for floor consideration of such bills and resolutions; and
20-24 (3) all other matters concerning the calendar system
20-25 and the expediting of the business of the house as may be assigned
20-26 by the speaker.
20-27 Sec. 5. CIVIL PRACTICES. The committee shall have nine
21-1 members, with jurisdiction over all matters pertaining to:
21-2 (1) fines and penalties arising under civil laws;
21-3 (2) civil law, including rights, duties, remedies, and
21-4 procedures thereunder;
21-5 (3) civil procedure in the courts of Texas;
21-6 (4) administrative law and the adjudication of rights
21-7 by administrative agencies; and
21-8 (5) permission to sue the state.
21-9 Sec. 6. CORRECTIONS. The committee shall have nine members,
21-10 with jurisdiction over all matters pertaining to:
21-11 (1) the incarceration and rehabilitation of convicted
21-12 felons;
21-13 (2) the establishment and maintenance of programs that
21-14 provide alternatives to incarceration;
21-15 (3) the commitment and rehabilitation of youths;
21-16 (4) the construction, operation, and management of
21-17 correctional facilities of the state and facilities used for the
21-18 commitment and rehabilitation of youths; and
21-19 (5) the following state agencies: the Texas
21-20 Department of Criminal Justice, the Board of Pardons and Paroles,
21-21 the Texas Youth Commission, the Council on Sex Offender Treatment,
21-22 the Texas Council on Offenders with Mental Impairments, the Private
21-23 Sector Prison Industries Oversight Authority, and the Criminal
21-24 Justice Policy Council.
21-25 Sec. 7. COUNTY AFFAIRS. The committee shall have nine
21-26 members, with jurisdiction over all matters pertaining to:
21-27 (1) counties, including their organization, creation,
22-1 boundaries, government, and finance and the compensation and duties
22-2 of their officers and employees;
22-3 (2) establishing districts for the election of
22-4 governing bodies of counties;
22-5 (3) regional councils of governments;
22-6 (4) multicounty boards or commissions;
22-7 (5) relationships or contracts between counties;
22-8 (6) other units of local government; and
22-9 (7) the following state agency: the Commission on
22-10 Jail Standards.
22-11 Sec. 8. CRIMINAL JURISPRUDENCE. The committee shall have
22-12 nine members, with jurisdiction over all matters pertaining to:
22-13 (1) criminal law, prohibitions, standards, and
22-14 penalties;
22-15 (2) probation and parole;
22-16 (3) criminal procedure in the courts of Texas;
22-17 (4) revision or amendment of the Penal Code; and
22-18 (5) the following state agencies: the Office of State
22-19 Prosecuting Attorney and the Office of Interstate Parole Compact
22-20 Administrator for Texas.
22-21 Sec. 9. ECONOMIC DEVELOPMENT. The committee shall have nine
22-22 members, with jurisdiction over all matters pertaining to:
22-23 (1) commerce, trade, and manufacturing;
22-24 (2) economic and industrial development;
22-25 (3) job creation and job-training programs;
22-26 (4) hours, wages, collective bargaining, and the
22-27 relationship between employers and employees;
23-1 (5) unemployment compensation, including coverage,
23-2 benefits, taxes, and eligibility;
23-3 (6) boiler inspection and safety standards and
23-4 regulation;
23-5 (7) labor unions and their organization, control,
23-6 management, and administration;
23-7 (8) weights and measures;
23-8 (9) advances in science and technology, including
23-9 telecommunications, electronic technology, and automated data
23-10 processing and the regulation of those industries;
23-11 (10) the promotion of scientific research,
23-12 technological development, and technology transfer in the state;
23-13 (11) matters relating to cooperation of state and
23-14 local governments with the scientific and technological community,
23-15 which includes industry, the universities, and federal governmental
23-16 laboratories; and
23-17 (12) the following state agencies: the Texas
23-18 Department of Economic Development, the Texas Workforce Commission,
23-19 the Texas Aerospace Commission, the Council on Workforce and
23-20 Economic Competitiveness, the Texas Strategic Economic Development
23-21 Planning Commission, and the Texas National Research Laboratory
23-22 Commission.
23-23 Sec. 10. ELECTIONS. The committee shall have nine members,
23-24 with jurisdiction over all matters pertaining to:
23-25 (1) the right of suffrage in Texas;
23-26 (2) primary, special, and general elections;
23-27 (3) revision, modification, amendment, or change of
24-1 the Election Code;
24-2 (4) the secretary of state in relation to elections;
24-3 (5) campaign finance; and
24-4 (6) the following state agency: the Office of the
24-5 Secretary of State.
24-6 Sec. 11. ENERGY RESOURCES. The committee shall have nine
24-7 members, with jurisdiction over all matters pertaining to:
24-8 (1) the conservation of the energy resources of
24-9 Texas;
24-10 (2) the production, regulation, transportation, and
24-11 development of oil, gas, and other energy resources;
24-12 (3) mining and the development of mineral deposits
24-13 within the state;
24-14 (4) the leasing and regulation of mineral rights under
24-15 public lands;
24-16 (5) pipelines, pipeline companies, and all others
24-17 operating as common carriers in the state;
24-18 (6) electric utility regulation as it relates to
24-19 energy production and consumption; and
24-20 (7) the following state agencies: the Railroad
24-21 Commission of Texas, the Office of Interstate Oil Compact
24-22 Commissioner for Texas, the Office of Interstate Mining Compact
24-23 Commissioner for Texas, the Texas Energy Coordination Council, and
24-24 the Office of Southern States Energy Board Member for Texas.
24-25 Sec. 12. ENVIRONMENTAL REGULATION. The committee shall have
24-26 nine members, with jurisdiction over all matters pertaining to:
24-27 (1) air, land, and water pollution, including the
25-1 environmental regulation of industrial development;
25-2 (2) the regulation of waste disposal;
25-3 (3) environmental matters that are regulated by the
25-4 Department of Health or the Texas Natural Resource Conservation
25-5 Commission;
25-6 (4) oversight of the Texas Natural Resource
25-7 Conservation Commission as it relates to environmental regulation;
25-8 and
25-9 (5) the following state agencies: the Texas
25-10 Agriculture Resources Protection Authority, the Texas Low-Level
25-11 Radioactive Waste Disposal Compact Commission, and the board of the
25-12 Texas Environmental Education Partnership Fund [Texas Low-Level
25-13 Radioactive Waste Disposal Authority].
25-14 Sec. 13. FINANCIAL INSTITUTIONS. The committee shall have
25-15 nine members, with jurisdiction over all matters pertaining to:
25-16 (1) banking and the state banking system;
25-17 (2) savings and loan associations;
25-18 (3) credit unions;
25-19 (4) the regulation of state and local bonded
25-20 indebtedness;
25-21 (5) the lending of money; and
25-22 (6) the following state agencies: The Finance
25-23 Commission of Texas, the Credit Union Commission, the Office of
25-24 Consumer Credit Commissioner, the Office of Banking Commissioner,
25-25 the Banking Department of Texas, the Savings and Loan Department of
25-26 Texas, the Texas Treasury Safekeeping Trust Company, the Texas
25-27 Public Finance Authority, and the Bond Review Board.
26-1 Sec. 14. GENERAL INVESTIGATING (PROCEDURAL). (a) The
26-2 General Investigating Committee consists of five members of the
26-3 house appointed by the speaker. The speaker shall appoint the
26-4 chair and the vice-chair of the committee.
26-5 (b) The general investigating committee has all the powers
26-6 and duties and shall operate according to the procedures prescribed
26-7 by Subchapter B, Chapter 301, Government Code, and the rules of the
26-8 house, as applicable.
26-9 Sec. 15. HIGHER EDUCATION. The committee shall have nine
26-10 members, with jurisdiction over all matters pertaining to:
26-11 (1) education beyond high school;
26-12 (2) the colleges and universities of the State of
26-13 Texas; and
26-14 (3) the following state agencies: the Texas
26-15 Engineering Experiment Station, the Texas Engineering Extension
26-16 Service, the Texas Higher Education Coordinating Board, the Texas
26-17 Guaranteed Student Loan Corporation, the State Medical Education
26-18 Board, the Prepaid Higher Education Tuition Board, and the Texas
26-19 Transportation Institute.
26-20 Sec. 16. HOUSE ADMINISTRATION (PROCEDURAL). The committee
26-21 shall have 11 members, with jurisdiction over:
26-22 (1) administrative operation of the house and its
26-23 employees;
26-24 (2) the general house fund, with full control over all
26-25 expenditures from the fund;
26-26 (3) all property, equipment, and supplies obtained by
26-27 the house for its use and the use of its members;
27-1 (4) all office space available for the use of the
27-2 house and its members;
27-3 (5) the assignment of vacant office space, vacant
27-4 parking spaces, and vacant desks on the house floor to members with
27-5 seniority based on cumulative years of service in the house, except
27-6 that the committee may make these assignments based on physical
27-7 disability of a member where it deems proper;
27-8 (6) all admissions to the floor during sessions of the
27-9 house;
27-10 (7) all proposals to invite nonmembers to appear
27-11 before or address the house or a joint session;
27-12 (8) all radio broadcasting and televising, live or
27-13 recorded, of sessions of the house;
27-14 (9) the electronic recording of the proceedings of the
27-15 house of representatives and the custody of the recordings of
27-16 testimony before house committees, with authority to promulgate
27-17 reasonable rules, regulations, and conditions concerning the
27-18 safekeeping, reproducing, transcribing of the recordings, and the
27-19 defraying of costs for transcribing the recordings, subject to
27-20 other provisions of these rules;
27-21 (10) all witnesses appearing before the house or any
27-22 committee thereof in support of or in opposition to any pending
27-23 legislative proposal; and
27-24 (11) the following state agency: the State
27-25 Preservation Board.
27-26 Sec. 17. HUMAN SERVICES. The committee shall have nine
27-27 members, with jurisdiction over all matters pertaining to:
28-1 (1) welfare and rehabilitation programs and their
28-2 development, administration, and control;
28-3 (2) oversight of the Health and Human Services
28-4 Commission as it relates to the subject matter jurisdiction of this
28-5 committee; and
28-6 (3) the following state agencies: the Texas
28-7 Department on Aging, the Texas State Board of Social Worker
28-8 Examiners, the Texas Council on Purchasing from People with
28-9 Disabilities, the Texas Commission for the Blind, the Texas
28-10 Commission for the Deaf and Hard of Hearing, the Texas Department
28-11 of Human Services, the Department of Protective and Regulatory
28-12 Services, the Texas Rehabilitation Commission, the Children's Trust
28-13 Fund of Texas Council, and the Texas State Board of Examiners of
28-14 Professional Counselors.
28-15 Sec. 18. INSURANCE. The committee shall have nine members,
28-16 with jurisdiction over all matters pertaining to:
28-17 (1) insurance and the insurance industry;
28-18 (2) all insurance companies and other organizations of
28-19 any type writing or issuing policies of insurance in the State of
28-20 Texas, including their organization, incorporation, management,
28-21 powers, and limitations; and
28-22 (3) the following state agencies: the Texas
28-23 Department of Insurance, the Texas Health Benefits Purchasing
28-24 Cooperative, and the Office of Public Insurance Counsel.
28-25 Sec. 19. JUDICIAL AFFAIRS. The committee shall have nine
28-26 members, with jurisdiction over all matters pertaining to:
28-27 (1) uniform state laws;
29-1 (2) creating, changing, or otherwise affecting courts
29-2 of judicial districts of the state;
29-3 (3) establishing districts for the election of
29-4 judicial officers;
29-5 (4) the Texas Judicial Council;
29-6 (5) the State Commission on Judicial Conduct;
29-7 (6) the Office of the Attorney General, including its
29-8 organization, powers, functions, and responsibilities;
29-9 (7) courts and court procedures except where
29-10 jurisdiction is specifically granted to some other standing
29-11 committee; and
29-12 (8) the following state agencies: the Supreme Court,
29-13 the Courts of Appeals, the Court of Criminal Appeals, the State
29-14 Commission on Judicial Conduct, the Office of Court Administration
29-15 of the Texas Judicial System, the State Law Library, the Texas
29-16 Judicial Council, the Office of the Attorney General, the Court
29-17 Reporters Certification Board, and the Board of Law Examiners.
29-18 Sec. 20. JUVENILE JUSTICE AND FAMILY ISSUES. The committee
29-19 shall have nine members, with jurisdiction over all matters
29-20 pertaining to:
29-21 (1) juvenile delinquency and gang violence;
29-22 (2) criminal law, prohibitions, standards, and
29-23 penalties as applied to juveniles;
29-24 (3) criminal procedure in the courts of Texas as it
29-25 relates to juveniles;
29-26 (4) civil law as it relates to familial relationships,
29-27 including rights, duties, remedies, and procedures thereunder; and
30-1 (5) the following state agencies: the Texas Juvenile
30-2 Probation Commission and the Advisory Council on Juvenile Services.
30-3 Sec. 21. LAND AND RESOURCE MANAGEMENT. The committee shall
30-4 have nine members, with jurisdiction over all matters pertaining
30-5 to:
30-6 (1) the management of public lands;
30-7 (2) the power of eminent domain;
30-8 (3) annexation, zoning, and other governmental
30-9 regulation of land use; [and]
30-10 (4) problems and issues particularly affecting rural
30-11 areas of the state; and
30-12 (5) the following state agencies: the Veterans' Land
30-13 Board, the School Land Board, the Board for Lease of University
30-14 Lands, the Coastal Coordination Council, and the General Land
30-15 Office.
30-16 Sec. 22. LICENSING AND ADMINISTRATIVE PROCEDURES. The
30-17 committee shall have nine members, with jurisdiction over all
30-18 matters pertaining to:
30-19 (1) the oversight of businesses, industries, general
30-20 trades, and occupations regulated by this state;
30-21 (2) the regulation of greyhound and horse racing and
30-22 other gaming industries;
30-23 (3) regulation of the sale of intoxicating beverages
30-24 and local option control;
30-25 (4) the Alcoholic Beverage Code; and
30-26 (5) the following state agencies: the Texas
30-27 Department of Licensing and Regulation, the State Office of
31-1 Administrative Hearings, the Texas Board of Architectural
31-2 Examiners, the Texas State Board of Public Accountancy, the Texas
31-3 Real Estate Commission, the Texas State Board of Plumbing
31-4 Examiners, the Texas Board of Professional Engineers, the Real
31-5 Estate Research Center, the Texas Board of Professional Land
31-6 Surveying, the Texas Racing Commission, the Texas Appraiser
31-7 Licensing and Certification Board, the Texas Lottery Commission,
31-8 the State Bar of Texas, and the Texas Alcoholic Beverage
31-9 Commission.
31-10 Sec. 23. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The
31-11 committee shall have 11 members, with jurisdiction over:
31-12 (1) the placement on appropriate calendars of bills
31-13 and resolutions that, in the opinion of the committee, are in fact
31-14 local or will be uncontested, and have been recommended as such by
31-15 the standing committee of original jurisdiction; and
31-16 (2) the determination of priorities for floor
31-17 consideration of bills and resolutions except those within the
31-18 jurisdiction of the Committee on Calendars.
31-19 Sec. 24. NATURAL RESOURCES. The committee shall have nine
31-20 members, with jurisdiction over all matters pertaining to:
31-21 (1) the conservation of the natural resources of
31-22 Texas;
31-23 (2) the control and development of land and water and
31-24 land and water resources, including the taking, storing, control,
31-25 and use of all water in the state, and its appropriation and
31-26 allocation;
31-27 (3) irrigation, irrigation companies, and irrigation
32-1 districts, and their incorporation, management, and powers;
32-2 (4) the creation, modification, and regulation of
32-3 water supply districts, water control and improvement districts,
32-4 conservation and reclamation districts, and all similar organs of
32-5 local government dealing with water and water supply;
32-6 (5) oversight of the Texas Natural Resource
32-7 Conservation Commission as it relates to the regulation of water
32-8 resources; and
32-9 (6) the following state agencies: the Office of
32-10 Canadian River Compact Commissioner for Texas, the Office of Pecos
32-11 River Compact Commissioner for Texas, the Office of Red River
32-12 Compact Commissioner for Texas, the Office of Rio Grande Compact
32-13 Commissioner for Texas, the Office of Sabine River Compact
32-14 Administrator for Texas, the Multi-State Water Resources Planning
32-15 Commission, and the Texas Water Development Board.
32-16 Sec. 25. PENSIONS AND INVESTMENTS. The committee shall have
32-17 nine members, with jurisdiction over all matters pertaining to:
32-18 (1) benefits or participation in benefits of a public
32-19 retirement system and the financial obligations of a public
32-20 retirement system;
32-21 (2) the regulation of securities and investments; and
32-22 (3) the following state agencies: the Office of Fire
32-23 Fighters' Pension Commissioner, the State Board of Trustees of the
32-24 Teacher Retirement System, the State Board of Trustees of the
32-25 Employees Retirement System, the Board of Trustees of the Texas
32-26 County and District Retirement System, the Board of Trustees of the
32-27 Texas Municipal Retirement System, the State Pension Review Board,
33-1 and the State Securities Board.
33-2 Sec. 26. PUBLIC EDUCATION. The committee shall have nine
33-3 members, with jurisdiction over all matters pertaining to:
33-4 (1) the public schools and the public school system of
33-5 Texas and the financing thereof;
33-6 (2) the state programming of elementary and secondary
33-7 education for the public school system of Texas;
33-8 (3) proposals to create, change, or otherwise alter
33-9 school districts of the state; and
33-10 (4) the following state agencies: the State Board of
33-11 Education, the Texas Education Agency, the Office of Compact for
33-12 Education Commissioner for Texas, the Office of Southern Regional
33-13 Education Compact Commissioner for Texas, the Texas School for the
33-14 Blind and Visually Impaired, the State Board for Educator
33-15 Certification, and the Texas School for the Deaf.
33-16 Sec. 27. PUBLIC HEALTH. The committee shall have nine
33-17 members, with jurisdiction over all matters pertaining to:
33-18 (1) the protection of public health, including
33-19 supervision and control of the practice of medicine and dentistry
33-20 and other allied health services;
33-21 (2) mental health and mental retardation and the
33-22 development of programs incident thereto;
33-23 (3) the prevention and treatment of mental illness and
33-24 mental retardation;
33-25 (4) oversight of the Health and Human Services
33-26 Commission as it relates to the subject matter jurisdiction of this
33-27 committee; and
34-1 (5) the following state agencies: the Texas
34-2 Department of Mental Health and Mental Retardation, the Texas
34-3 Department of Health, the Texas Board of Health, the Texas
34-4 Commission on Alcohol and Drug Abuse, the Anatomical Board of the
34-5 State of Texas, the Texas Funeral Service Commission, the State
34-6 Committee of Examiners in the Fitting and Dispensing of Hearing
34-7 Instruments, the Board of Vocational Nurse Examiners, the Texas
34-8 Optometry Board, the Radiation Advisory Board, the Texas State
34-9 Board of Pharmacy, the Board of Nurse Examiners, The Texas Board of
34-10 Chiropractic Examiners, the Texas Board of Physical Therapy
34-11 Examiners, the Texas State Board of Podiatric Medical Examiners,
34-12 the Texas State Board of Examiners of Psychologists, the State
34-13 Board of Dental Examiners, the Texas State Board of Medical
34-14 Examiners, the Advisory Board of Athletic Trainers, the Dental
34-15 Hygiene Advisory Committee, the Hospital Licensing Advisory
34-16 Council, the State Board of Barber Examiners, the Texas Cosmetology
34-17 Commission, the Interagency Council on Early Childhood
34-18 Intervention, the Texas Cancer Council, the Texas State Board of
34-19 Acupuncture Examiners, the Health Professions Council, the Texas
34-20 Board of Occupational Therapy Examiners, the Texas State Board of
34-21 Examiners of Perfusionists, and the Texas Health Care Information
34-22 Council[, and the Texas Hospital Equipment Financing Council].
34-23 Sec. 28. PUBLIC SAFETY. The committee shall have nine
34-24 members, with jurisdiction over all matters pertaining to:
34-25 (1) public safety and emergency preparedness,
34-26 enforcement, and development;
34-27 (2) the prevention of crime and the apprehension of
35-1 criminals;
35-2 (3) the provision of security services by private
35-3 entities; and
35-4 (4) the following state agencies: the Commission on
35-5 Law Enforcement Officer Standards and Education, the Department of
35-6 Public Safety, the Polygraph Examiners Board, the Texas Commission
35-7 on Private Security [Board of Private Investigators and Private
35-8 Security Agencies], the Division of Emergency Management, the
35-9 Emergency Management Council, the [Advisory] Commission on State
35-10 Emergency Communications, and the Crime Stoppers Advisory Council.
35-11 Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall
35-12 have 15 [11] members, with jurisdiction over all matters pertaining
35-13 to:
35-14 (1) legislative districts, both house and senate, and
35-15 any changes or amendments;
35-16 (2) congressional districts, their creation, and any
35-17 changes or amendments;
35-18 (3) establishing districts for the election of
35-19 judicial officers or of governing bodies or representatives of
35-20 political subdivisions or state agencies as required by law; and
35-21 (4) preparations for the redistricting process.
35-22 Sec. 30. RULES AND RESOLUTIONS (PROCEDURAL). The committee
35-23 shall have 11 members, with jurisdiction over:
35-24 (1) Rules of Procedure of the House of
35-25 Representatives, and all proposed amendments;
35-26 (2) Joint Rules of the House and Senate, and all
35-27 proposed amendments;
36-1 (3) all procedures for expediting the business of the
36-2 house in an orderly and efficient manner;
36-3 (4) all resolutions to congratulate, memorialize, or
36-4 name mascots of the house; and
36-5 (5) other matters concerning rules, procedures, and
36-6 operation of the house assigned by the speaker.
36-7 Sec. 31. STATE AFFAIRS. The committee shall have 15
36-8 members, with jurisdiction over all matters pertaining to:
36-9 (1) questions and matters of state policy;
36-10 (2) the administration of state government;
36-11 (3) the organization, powers, regulation, and
36-12 management of state departments and agencies;
36-13 (4) the operation and regulation of public lands and
36-14 state buildings;
36-15 (5) the organization, regulation, operation, and
36-16 management of state institutions;
36-17 (6) the duties and conduct of officers and employees
36-18 of the state government;
36-19 (7) the duties and conduct of candidates for public
36-20 office and of persons with an interest in influencing public
36-21 policy;
36-22 (8) the operation of state government and its agencies
36-23 and departments; all of above except where jurisdiction is
36-24 specifically granted to some other standing committee;
36-25 (9) access of the state agencies to scientific and
36-26 technological information; and
36-27 (10) the following state agencies: the Council of
37-1 State Governments, the National Conference of State Legislatures,
37-2 the Commission on Human Rights, the Governor's Office, the General
37-3 Services Commission, the State Aircraft Pooling Board, [the State
37-4 Conservatorship Board,] the Texas Incentive and Productivity
37-5 Commission, the Texas Ethics Commission, the Department of
37-6 Information Resources, the Public Utility Commission of Texas, the
37-7 Office of Public Utility Counsel, the Inaugural Endowment Fund
37-8 Committee, the Telecommunications Infrastructure Fund Board, and
37-9 the Sunset Advisory Commission.
37-10 Sec. 32. STATE, FEDERAL, AND INTERNATIONAL RELATIONS. The
37-11 committee shall have nine members, with jurisdiction over all
37-12 matters pertaining to:
37-13 (1) federal and international commerce and trade;
37-14 (2) the relations between the State of Texas and the
37-15 federal government;
37-16 (3) the relations between the State of Texas and other
37-17 sovereign states of the United States;
37-18 (4) the relations between the State of Texas and other
37-19 nations;
37-20 (5) international trade, economic development, tourist
37-21 development, and goodwill;
37-22 (6) cultural resources and their promotion,
37-23 development, and regulation;
37-24 (7) historical resources and their promotion,
37-25 development, and regulation;
37-26 (8) promotion and development of Texas' image and
37-27 heritage;
38-1 (9) preservation and protection of Texas' shrines,
38-2 monuments, and memorials;
38-3 (10) interstate tourist promotion and development;
38-4 (11) the various branches of the military service of
38-5 the United States;
38-6 (12) the defense of the state and nation;
38-7 (13) veterans of military and related services; and
38-8 (14) the following state agencies: the Office of
38-9 State-Federal Relations, the Texas Commission on the Arts, the
38-10 State Cemetery Committee, the Texas State Library and Archives
38-11 Commission, the Texas Historical Commission, the Texas Military
38-12 Facilities Commission, the Adjutant General's Department, the Texas
38-13 Veterans Commission, the Texas Strategic Military Planning
38-14 Commission, and the San Jacinto Historical Advisory Board.
38-15 Sec. 33. STATE RECREATIONAL RESOURCES. The committee shall
38-16 have nine members, with jurisdiction over:
38-17 (1) the creation, operation, and control of state
38-18 parks;
38-19 (2) the regulation and control of the propagation and
38-20 preservation of wildlife and fish in the state;
38-21 (3) the development and regulation of the fish and
38-22 oyster industries of the state;
38-23 (4) hunting and fishing in the state, and the
38-24 regulation and control thereof;
38-25 (5) the regulation of other recreational activities;
38-26 and
38-27 (6) the following state agencies: the Office of Gulf
39-1 States Marine Fisheries Compact Commissioner for Texas and the
39-2 Parks and Wildlife Department.
39-3 Sec. 34. TRANSPORTATION. The committee shall have nine
39-4 members, with jurisdiction over all matters pertaining to:
39-5 (1) commercial motor vehicles, both bus and truck, and
39-6 their control, regulation, licensing, and operation;
39-7 (2) the Texas highway system, including all roads,
39-8 bridges, and ferries constituting a part of the system;
39-9 (3) the licensing of private passenger vehicles to
39-10 operate on the roads and highways of the state;
39-11 (4) the regulation and control of traffic on the
39-12 public highways of the State of Texas;
39-13 (5) railroads, street railway lines, interurban
39-14 railway lines, steamship companies, and express companies;
39-15 (6) airports, air traffic, airlines, and other
39-16 organizations engaged in transportation by means of aerial flight;
39-17 (7) water transportation in the State of Texas, and
39-18 the rivers, harbors, and related facilities used in water
39-19 transportation and the agencies of government exercising
39-20 supervision and control thereover; and
39-21 (8) the following state agencies: the Texas
39-22 Department of Transportation and the Texas Transportation
39-23 Commission.
39-24 Sec. 35. URBAN AFFAIRS. The committee shall have nine
39-25 members, with jurisdiction over all matters pertaining to:
39-26 (1) cities, municipalities, and town corporations,
39-27 including their creation, organization, powers, government, and
40-1 finance, and the compensation and duties of their officers and
40-2 employees;
40-3 (2) home-rule cities, their relationship to the state,
40-4 and their powers, authority, and limitations;
40-5 (3) the creation or change of metropolitan areas and
40-6 the form of government under which those areas operate;
40-7 (4) the regulation of metropolitan transit;
40-8 (5) problems and issues particularly affecting
40-9 metropolitan areas of the state;
40-10 (6) other units of local government not otherwise
40-11 assigned by these rules to other standing committees;
40-12 (7) establishing districts for the election of
40-13 governing bodies of cities; and
40-14 (8) the following state agencies: the Texas
40-15 Department of Housing and Community Affairs and the Texas
40-16 Commission on Fire Protection.
40-17 Sec. 36. WAYS AND MEANS. The committee shall have 11
40-18 members, with jurisdiction over:
40-19 (1) all bills and resolutions proposing to raise
40-20 revenue;
40-21 (2) all bills or resolutions proposing to levy taxes
40-22 or other fees;
40-23 (3) all proposals to modify, amend, or change any
40-24 existing tax or revenue statute;
40-25 (4) all proposals to regulate the manner of collection
40-26 of state revenues and taxes;
40-27 (5) all bills and resolutions containing provisions
41-1 resulting in automatic allocation of funds from the state
41-2 treasury;
41-3 (6) all bills and resolutions diverting funds from the
41-4 state treasury or preventing funds from going in that otherwise
41-5 would be placed in the state treasury;
41-6 (7) all bills and resolutions proposing to levy taxes
41-7 or raise revenue for all units of government and regulating the
41-8 collection thereof;
41-9 (8) all bills and resolutions relating to the Property
41-10 Tax Code; and
41-11 (9) the following state agencies: the Office of
41-12 Multistate Tax Compact Commissioner for Texas, the State
41-13 Comptroller of Public Accounts, and the Board of Tax Professional
41-14 Examiners.
41-15 RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
41-16 CHAPTER A. ORGANIZATION
41-17 Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
41-18 committees of the house, and the number of members and general
41-19 jurisdiction of each, shall be as enumerated in Rule 3.
41-20 Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on the
41-21 standing committees shall be determined at the beginning of each
41-22 regular session in the following manner:
41-23 (1) A maximum of one-half of the membership on each
41-24 standing substantive committee, exclusive of the chair and
41-25 vice-chair, shall be determined by seniority. The remaining
41-26 membership of the committee shall be appointed by the speaker.
41-27 (2) Each member of the house, in order of seniority,
42-1 may designate three committees on which he or she desires to serve,
42-2 listed in order of preference. The member is entitled to become a
42-3 member of the committee of his or her highest preference on which
42-4 there remains a vacant seniority position.
42-5 (3) If members of equal seniority request the same
42-6 committee, the speaker shall appoint the member from among those
42-7 requesting that committee. Seniority, as the term is used in this
42-8 subsection, shall mean years of cumulative service as a member of
42-9 the house of representatives.
42-10 (4) After each member of the house has selected one
42-11 committee on the basis of seniority, the remaining membership on
42-12 each standing committee shall be filled by appointment of the
42-13 speaker, subject to the limitations imposed in this chapter.
42-14 (5) Seniority shall not apply to a procedural
42-15 committee. For purposes of these rules, the procedural committees
42-16 are the Committee on Calendars, the Committee on Local and Consent
42-17 Calendars, the Committee on Rules and Resolutions, the General
42-18 Investigating Committee, the Committee on House Administration, and
42-19 the Committee on Redistricting. The entire membership of these
42-20 committees shall be appointed by the speaker.
42-21 (6) In announcing the membership of committees, the
42-22 speaker shall designate those appointed by the speaker and those
42-23 acquiring membership by seniority.
42-24 (7) The speaker shall designate the chair and
42-25 vice-chair from the total membership of the committee.
42-26 (b) In the event of an election contest that is not resolved
42-27 prior to the determination of the membership of standing
43-1 committees, the representative of the district that is the subject
43-2 of the contest is not entitled to select a committee on the basis
43-3 of seniority. Committee appointments on behalf of that district
43-4 shall be designated by the district number.
43-5 (c) In the event of a vacancy in a representative district
43-6 that has not been filled at the time of the determination of the
43-7 membership of standing committees, the representative of the
43-8 district who fills that vacancy shall not be entitled to select a
43-9 committee on the basis of seniority. Committee appointments on
43-10 behalf of that district shall be designated by the district
43-11 number.
43-12 (d) In the event that a member-elect of the current
43-13 legislature has not taken the oath of office by the end of the
43-14 ninth day of the regular session, the representative of that
43-15 district shall not be entitled to select a committee on the basis
43-16 of seniority. If the member-elect has not taken the oath of office
43-17 by the time committee appointments are announced, committee
43-18 appointments on behalf of that district shall be designated by
43-19 district number.
43-20 Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
43-21 and vice-chair, members of a standing committee shall rank
43-22 according to their seniority.
43-23 Sec. 4. MEMBERSHIP RESTRICTIONS. Membership on committees
43-24 is subject to the following restrictions:
43-25 (1) No member shall serve concurrently on more than
43-26 two standing substantive committees.
43-27 (2) A member serving as chair of the Committee on
44-1 Appropriations or the Committee on State Affairs may not serve on
44-2 any other substantive committee.
44-3 Sec. 5. VACANCIES ON STANDING COMMITTEES. Should a vacancy
44-4 occur on a standing committee subsequent to its organization, the
44-5 speaker shall appoint an eligible member to fill the vacancy.
44-6 Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
44-7 shall:
44-8 (1) be responsible for the effective conduct of the
44-9 business of the committee;
44-10 (2) appoint all subcommittees and determine the number
44-11 of members to serve on each subcommittee;
44-12 (3) in consultation with members of the committee,
44-13 schedule the work of the committee and determine the order in which
44-14 the committee shall consider and act on bills, resolutions, and
44-15 other matters referred to the committee;
44-16 (4) have authority to employ and discharge the staff
44-17 and employees authorized for the committee and have supervision and
44-18 control over all the staff and employees;
44-19 (5) direct the preparation of all committee reports.
44-20 No committee report shall be official until signed by the chair of
44-21 the committee, or by the person acting as chair, or by a majority
44-22 of the membership of the committee;
44-23 (6) determine the necessity for public hearings,
44-24 schedule hearings, and be responsible for posting notice of
44-25 hearings as required by the rules;
44-26 (7) preside at all meetings of the committee and
44-27 control its deliberations and activities in accordance with
45-1 acceptable parliamentary procedure; and
45-2 (8) have authority to direct the sergeant-at-arms to
45-3 assist, where necessary, in enforcing the will of the committee.
45-4 Sec. 7. BILL ANALYSES. Except for the general
45-5 appropriations bill, for each bill or joint resolution referred to
45-6 the committee, the staff of the committee shall be responsible for
45-7 distributing a copy of a bill analysis to each member of the
45-8 committee at the earliest possible opportunity but not later than
45-9 the first time the measure is laid out in a committee meeting.
45-10 CHAPTER B. PROCEDURE
45-11 Sec. 8. MEETINGS. (a) As soon as practicable after
45-12 standing committees are constituted and organized, the Committee
45-13 on House Administration shall prepare a schedule for regular
45-14 meetings of all standing committees. This schedule shall be
45-15 published in the house journal and posted in a convenient and
45-16 conspicuous place near the entrance to the house and on other
45-17 posting boards for committee meeting notices, as determined
45-18 necessary by the Committee on House Administration.
45-19 To the extent practicable during each regular session,
45-20 standing committees shall conduct regular committee meetings in
45-21 accordance with the schedule of meetings prepared by the Committee
45-22 on House Administration.
45-23 (b) Standing committees shall meet at other times as may be
45-24 determined by the committee, or as may be called by the chair.
45-25 Subcommittees of standing committees shall likewise meet at other
45-26 times as may be determined by the committee, or as may be called by
45-27 the chair of the committee or subcommittee.
46-1 Committees shall also meet in such places and at such times
46-2 as the speaker may designate.
46-3 Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
46-4 committee or subcommittee shall meet during the time the house is
46-5 in session without permission being given by a majority vote of the
46-6 house. No standing committee or subcommittee shall conduct its
46-7 meeting on the floor of the house or in the house chamber while the
46-8 house is in session, but shall, if given permission to meet while
46-9 the house is in session, retire to a designated committee room for
46-10 the conduct of its meeting.
46-11 Sec. 10. PURPOSES FOR MEETING. A committee or a
46-12 subcommittee may be assembled for:
46-13 (1) a public hearing where testimony is to be heard,
46-14 and where official action may be taken, on bills, resolutions, or
46-15 other matters;
46-16 (2) a formal meeting where the committee may discuss
46-17 and take official action on bills, resolutions, or other matters
46-18 without testimony; and
46-19 (3) a work session where the committee may discuss
46-20 bills, resolutions, or other matters but take no formal action.
46-21 Sec. 11. POSTING NOTICE. (a) No committee or subcommittee,
46-22 including a calendars committee, shall assemble for the purpose of
46-23 a public hearing during a regular session unless notice of the
46-24 hearing has been posted in accordance with the rules at least five
46-25 calendar days in advance of the hearing. No committee or
46-26 subcommittee, including a calendars committee, shall assemble for
46-27 the purpose of a public hearing during a special session unless
47-1 notice of the hearing has been posted in accordance with the rules
47-2 at least 24 hours in advance of the hearing. The committee minutes
47-3 shall reflect the date of each posting of notice. Notice shall not
47-4 be required for a public hearing on a senate bill which is
47-5 substantially the same as a house bill that has previously been the
47-6 subject of a duly posted public hearing by the committee.
47-7 (b) No committee or subcommittee, including a calendars
47-8 committee, shall assemble for the purpose of a formal meeting or
47-9 work session during a regular or special session unless written
47-10 notice has been posted and transmitted to each member of the
47-11 committee two hours in advance of the meeting or an announcement
47-12 has been filed with the journal clerk and read by the reading clerk
47-13 while the house is in session.
47-14 (c) All committees meeting during the interim for the
47-15 purpose of a formal meeting, work session, or public hearing shall
47-16 post notice in accordance with the rules and notify members of the
47-17 committee at least five calendar days in advance of the meeting.
47-18 Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
47-19 committee or subcommittee, including a calendars committee, shall
47-20 be open to other members, the press, and the public unless
47-21 specifically provided otherwise by resolution adopted by the house.
47-22 However, the general investigating committee or a committee
47-23 considering an impeachment, an address, the punishment of a member
47-24 of the house, or any other matter of a quasi-judicial nature may
47-25 meet in executive session for the limited purpose of examining a
47-26 witness or deliberating, considering, or debating a decision, but
47-27 no decision may be made or voted on except in a meeting that is
48-1 open to the public and otherwise in compliance with the rules of
48-2 the house.
48-3 Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
48-4 Procedure of the House of Representatives, and to the extent
48-5 applicable, the rules of evidence and procedure in the civil courts
48-6 of Texas, shall govern the hearings and operations of each
48-7 committee, including a calendars committee. Subject to the
48-8 foregoing, and to the extent necessary for orderly transaction of
48-9 business, each committee may promulgate and adopt additional rules
48-10 and procedures by which it will function.
48-11 (b) No standing committee, including a calendars committee,
48-12 or any subcommittee, shall adopt any rule of procedure, including
48-13 but not limited to an automatic subcommittee rule, which will have
48-14 the effect of thwarting the will of the majority of the committee
48-15 or subcommittee or denying the committee or subcommittee the right
48-16 to ultimately dispose of any pending matter by action of a majority
48-17 of the committee or subcommittee. A bill or resolution may not be
48-18 laid on the table subject to call in committee without a majority
48-19 vote of the committee.
48-20 Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
48-21 rulings of the chair of a committee shall be in order if seconded
48-22 by three members of the committee, which may include the member
48-23 making the appeal. Procedure in committee following an appeal
48-24 which has been seconded shall be the same as the procedure followed
48-25 in the house in a similar situation.
48-26 Sec. 15. PREVIOUS QUESTION. Before the previous question
48-27 can be ordered in a committee, the motion therefor must be seconded
49-1 by not less than 4 members of a committee consisting of 21 or more
49-2 members, 3 members of a committee consisting of less than 21
49-3 members and more than 10 members, or 2 members of a committee
49-4 consisting of 10 members or less. If the motion is properly
49-5 seconded and ordered by a majority vote of the committee, further
49-6 debate on the proposition under consideration shall be terminated,
49-7 and the proposition shall be immediately put to a vote of the
49-8 committee for its action.
49-9 Sec. 16. QUORUM. A majority of a committee shall constitute
49-10 a quorum. No action or recommendation of a committee shall be
49-11 valid unless taken at a meeting of the committee with a quorum
49-12 actually present, and the committee minutes shall reflect the names
49-13 of those members of the committee who were actually present. No
49-14 committee report shall be made to the house nor shall bills or
49-15 resolutions be placed on a calendar unless ordered by a majority of
49-16 the membership of the committee, except as otherwise provided in
49-17 the rules, and a quorum of the committee must be present when the
49-18 vote is taken on reporting a bill or resolution, on placing bills
49-19 or resolutions on a calendar, or on taking any other formal action
49-20 within the authority of the committee. No committee report shall
49-21 be made nor shall bills or resolutions be placed on a calendar
49-22 except by record vote of the members of the committee, with the
49-23 yeas and nays to be recorded in the minutes of the committee.
49-24 Proxies cannot be used in committees.
49-25 Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
49-26 order to move a call of a committee at any time to secure and
49-27 maintain a quorum for any one or more of the following purposes:
50-1 (1) for the consideration of a specific bill,
50-2 resolution, or other matter;
50-3 (2) for a definite period of time; or
50-4 (3) for the consideration of any designated class of
50-5 bills or other matters.
50-6 (b) When a call of a committee is moved for one or more of
50-7 the foregoing purposes and seconded by two members, one of whom may
50-8 be the chair, and is ordered by a majority of the members present,
50-9 no member shall thereafter be permitted to leave the committee
50-10 meeting without written permission from the chair. After the call
50-11 is ordered, and in the absence of a quorum, the chair shall have
50-12 the authority to authorize the sergeant-at-arms to locate absent
50-13 members of the committee and to compel their attendance for the
50-14 duration of the call.
50-15 Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
50-16 including a calendars committee, the chair, or the member acting
50-17 as chair, shall keep complete minutes of the proceedings in
50-18 committee, which shall include:
50-19 (1) the time and place of each meeting of the
50-20 committee;
50-21 (2) a roll call to determine the members present at
50-22 each meeting of the committee, whether that meeting follows an
50-23 adjournment or a recess from a previous committee meeting;
50-24 (3) an accurate record of all votes taken, including a
50-25 listing of the yeas and nays cast on a record vote;
50-26 (4) the date of posting of notice of the meeting; and
50-27 (5) other information that the chair shall determine.
51-1 (b) The minutes for each public hearing of a committee shall
51-2 also include an attachment listing the names of the persons, other
51-3 than members of the legislature, and the persons or entities
51-4 represented by those persons, who were recognized by the chair to
51-5 address the committee in favor of, in opposition to, or without
51-6 taking a position on a measure or other matter before the
51-7 committee.
51-8 (c) Committee minutes shall be corrected only at the
51-9 direction of the chair as authorized by a majority vote of the
51-10 committee. Duplicate originals of committee minutes shall be
51-11 maintained, one to remain with the committee chair and the other to
51-12 be filed with the chief clerk. The committee minutes of a meeting
51-13 of the Appropriations Committee on the general appropriations bill
51-14 must be filed with the chief clerk within five days of the
51-15 committee meeting. All other committee minutes must be filed with
51-16 the chief clerk within three days of the committee meeting for a
51-17 substantive committee, and within one day of the committee meeting
51-18 for a procedural committee. If the date on which the committee
51-19 minutes are due occurs on a Saturday, Sunday, or holiday on which
51-20 the house is not in session, the committee minutes shall be filed
51-21 on the following working day. The time at which the minutes are
51-22 filed shall be time-stamped on the duplicate originals of the
51-23 minutes that are filed with the chief clerk. The duplicate
51-24 originals shall be available at all reasonable business hours for
51-25 inspection by members or the public.
51-26 (d) The chief clerk shall maintain the minutes and records
51-27 safe from loss, destruction, and alteration at all times, and may,
52-1 at any time, turn them, or any portion, over to the Committee on
52-2 House Administration.
52-3 Sec. 19. RECORDING OF TESTIMONY. All testimony before
52-4 committees and subcommittees shall be electronically recorded under
52-5 the direction of the Committee on House Administration. Copies of
52-6 the testimony may be released under guidelines promulgated by the
52-7 Committee on House Administration.
52-8 Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The chief
52-9 clerk, under the direction of the Committee on House
52-10 Administration, shall prescribe the form of a sworn statement to be
52-11 executed by all persons, other than members, who wish to be
52-12 recognized by the chair to address the committee. The statement
52-13 shall provide for showing at least:
52-14 (1) the committee or subcommittee;
52-15 (2) the name, address, and telephone number of the
52-16 person appearing;
52-17 (3) the person, firm, corporation, class, or group
52-18 represented;
52-19 (4) the type of business, profession, or occupation in
52-20 which the person is engaged, if the person is representing himself
52-21 or herself; and
52-22 (5) the matter before the committee on which the
52-23 person wishes to be recognized to address the committee and
52-24 whether for, against, or neutral on the matter.
52-25 (b) No person shall be recognized by the chair to address
52-26 the committee in favor of, in opposition to, or without taking a
52-27 position on a matter until the sworn statement has been filed with
53-1 the chair of the committee. The chair of the committee shall
53-2 indicate on the sworn statement whether the person completing the
53-3 statement was recognized to address the committee.
53-4 (c) All sworn statements for those persons recognized by the
53-5 chair to address the committee shall accompany the copy of the
53-6 minutes of the meeting filed with the chief clerk.
53-7 (d) All persons, other than members, recognized by the chair
53-8 to address the committee shall give their testimony under oath, and
53-9 each committee may avail itself of additional powers and
53-10 prerogatives authorized by law.
53-11 Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
53-12 By a record vote of not less than two-thirds of those present and
53-13 voting, a quorum being present, each standing committee shall have
53-14 the power and authority to issue process to witnesses at any place
53-15 in the State of Texas, to compel their attendance, and to compel
53-16 the production of all books, records, and instruments. If
53-17 necessary to obtain compliance with subpoenas or other process, the
53-18 committee shall have the power to issue writs of attachment. All
53-19 process issued by the committee may be addressed to and served by
53-20 an agent of the committee or a sergeant-at-arms appointed by the
53-21 committee or by any peace officer of the State of Texas. The
53-22 committee shall also have the power to cite and have prosecuted for
53-23 contempt, in the manner provided by law, anyone disobeying the
53-24 subpoenas or other process lawfully issued by the committee. The
53-25 chair of the committee shall issue, in the name of the committee,
53-26 the subpoenas and other process as the committee may direct.
53-27 (b) The chair may summon the governing board or other
54-1 representatives of a state agency to appear and testify before the
54-2 committee without issuing process under Subsection (a) of this
54-3 section. The summons may be communicated in writing, orally, or
54-4 electronically. If the persons summoned fail or refuse to appear,
54-5 the committee may issue process under Subsection (a) of this
54-6 section.
54-7 Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
54-8 prior approval by the Committee on House Administration, witnesses
54-9 attending proceedings of any committee under process of the
54-10 committee shall be allowed the same mileage and per diem as are
54-11 allowed members of the committee when in a travel status, to be
54-12 paid out of the contingent expense fund of the house of
54-13 representatives on vouchers approved by the chair of the committee,
54-14 the chair of the Committee on House Administration, and the speaker
54-15 of the house.
54-16 Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
54-17 Each committee is authorized to request the assistance, when
54-18 needed, of all state departments, agencies, and offices, and it
54-19 shall be the duty of the departments, agencies, and offices to
54-20 assist the committee when requested to do so. Each committee shall
54-21 have the power and authority to inspect the records, documents, and
54-22 files of every state department, agency, and office, to the extent
54-23 necessary to the discharge of its duties within the area of its
54-24 jurisdiction.
54-25 CHAPTER C. COMMITTEE FUNCTIONS
54-26 Sec. 24. INTERIM STUDIES. Standing committees, en banc or
54-27 by subcommittees, are hereby authorized to conduct studies that are
55-1 authorized by the speaker pursuant to Rule 1, Section 17. Studies
55-2 may not be authorized by resolution. The speaker may appoint
55-3 public citizens and officials of state and local governments to
55-4 standing committees to augment the membership for the purpose of
55-5 interim studies and shall provide a list of such appointments to
55-6 the chief clerk. The chair of the standing committee shall have
55-7 authority to name the subcommittees necessary and desirable for the
55-8 conduct of the interim studies and shall also prepare a budget for
55-9 interim studies for approval by the Committee on House
55-10 Administration.
55-11 Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
55-12 CALENDAR. No motion is in order in a committee considering a bill,
55-13 resolution, or other matter that would prevent the committee from
55-14 reporting it back to the house or placing it on a calendar in
55-15 accordance with the Rules of the House.
55-16 Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
55-17 committee on bills or resolutions referred to it shall be
55-18 considered as final unless it is in the form of a favorable report,
55-19 an unfavorable report, or a report of inability to recommend a
55-20 course of action.
55-21 Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
55-22 committee to report favorably or unfavorably must receive
55-23 affirmative majority votes, majority negative votes to either
55-24 motion being insufficient to report. If a committee is unable to
55-25 agree on a recommendation for action, as in the case of a tie vote,
55-26 it should submit a statement of this fact as its report, and the
55-27 house shall decide, by a majority vote, the disposition of the
56-1 matter by one of the following alternatives:
56-2 (1) leave the bill in the committee for further
56-3 consideration;
56-4 (2) refer the bill to some other committee; or
56-5 (3) order the bill printed, in which case the bill
56-6 shall go to the Committee on Calendars for placement on a calendar
56-7 and for proposal of an appropriate rule for house consideration.
56-8 Sec. 28. MINORITY REPORTS. The report of a minority of a
56-9 committee shall be made in the same general form as a majority
56-10 report. No minority report shall be recognized by the house unless
56-11 it has been signed by not less than 4 members of a committee
56-12 consisting of 21 or more members, 3 members of a committee
56-13 consisting of less than 21 members and more than 10 members, or 2
56-14 members of a committee consisting of 10 or less members. Only
56-15 members who were present when the vote was taken on the bill,
56-16 resolution, or other matter being reported, and who voted on the
56-17 losing side, may sign a minority report. Notice of intention to
56-18 file a minority report shall be given to the assembled committee
56-19 after the vote on the bill, resolution, or other matter, and before
56-20 the recess or adjournment of the committee, provided ample
56-21 opportunity is afforded for the giving of notice; otherwise, notice
56-22 may be given in writing to the chief clerk within 24 hours after
56-23 the recess or adjournment of the committee.
56-24 Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
56-25 majority report on a bill is unfavorable, and a favorable minority
56-26 report is not signed in accordance with Section 28 of this rule
56-27 and filed with the chief clerk within two calendar days, exclusive
57-1 of Sunday and the date of committee action, the chief clerk shall
57-2 file the bill away as dead; except during the last 15 calendar days
57-3 of a regular session, or the last 7 calendar days of a special
57-4 session, when the chief clerk shall hold a bill only one calendar
57-5 day, exclusive of Sunday and the date of committee action, awaiting
57-6 the filing of a minority report before the bill is filed away as
57-7 dead. If the favorable minority report is properly signed and
57-8 filed, the chief clerk shall hold the bill for five legislative
57-9 days, exclusive of the legislative day in which the minority report
57-10 was filed, awaiting adoption by the house of a motion to print the
57-11 bill on minority report. If the motion to print is carried, the
57-12 bill shall be printed as if it had been reported favorably, and
57-13 shall then be immediately forwarded to the Committee on Calendars
57-14 for placement on a calendar and for proposal of an appropriate
57-15 rule for house consideration. If a motion to print a bill on
57-16 minority report is not made within the five legislative days
57-17 authorized above, the chief clerk shall file the bill away as dead.
57-18 It shall not be in order to move to recommit a bill adversely
57-19 reported with no minority report, except as provided in Section 30
57-20 of this rule. A two-thirds vote of the house shall be required to
57-21 print on minority report a joint resolution proposing an amendment
57-22 to the Constitution of Texas.
57-23 Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE AUTHOR.
57-24 No adverse report shall be made on any bill or resolution by any
57-25 committee without first giving the author or sponsor of the bill an
57-26 opportunity to be heard. If it becomes evident to the house that a
57-27 bill has been reported adversely without the author or sponsor
58-1 having had an opportunity to be heard as provided in this section,
58-2 the house may, by a majority vote, order the bill recommitted even
58-3 though no minority report was filed in the manner prescribed by the
58-4 rules. This provision shall have precedence over Rule 7, Section
58-5 20.
58-6 Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
58-7 reported adversely, it shall be subject to the same rules that
58-8 govern other bills reported adversely.
58-9 Sec. 32. FORM OF REPORTS. (a) Reports of standing
58-10 committees on bills and resolutions shall be made in duplicate,
58-11 with one copy to be filed with the journal clerk for printing in
58-12 the journal and the other to accompany the original bill.
58-13 (b) All committee reports must be in writing and shall:
58-14 (1) be signed by the chair, or the member acting as
58-15 chair, or a majority of the membership of the committee;
58-16 (2) be addressed to the speaker;
58-17 (3) contain a statement of the recommendations of the
58-18 committee with reference to the matter which is the subject of the
58-19 report;
58-20 (4) contain the date the committee made its
58-21 recommendation;
58-22 (5) indicate whether a copy of a bill or resolution
58-23 was forwarded to the Legislative Budget Board for preparation of a
58-24 fiscal note or other impact statement, if applicable;
58-25 (6) contain the record vote by which the report was
58-26 adopted, including the vote of each member of the committee;
58-27 (7) contain the recommendation that the bill or
59-1 resolution be sent to the Committee on Local and Consent Calendars
59-2 for placement on the local, consent, and resolutions calendar if
59-3 applicable;
59-4 (8) state the name of the primary house sponsor of all
59-5 senate bills and resolutions and indicate the names of all joint
59-6 sponsors or cosponsors;
59-7 (9) include a summary of the committee hearing on the
59-8 bill or resolution; and
59-9 (10) include a list of the names of the persons, other
59-10 than members of the legislature, and persons or entities
59-11 represented by those persons, who were recognized by the chair to
59-12 address the committee in favor of, in opposition to, or without
59-13 taking a position on the bill or resolution.
59-14 (c) Except for the general appropriations bill, each
59-15 committee report on a bill or joint resolution, including a
59-16 complete committee substitute, and, to the extent considered
59-17 necessary by the committee, a committee report on any other
59-18 resolution, must include in summary form a detailed analysis,
59-19 prepared by the Office of House Bill Analysis, of the subject
59-20 matter of the bill or resolution, specifically including:
59-21 (1) background information on the proposal and
59-22 information on what the bill or resolution proposes to do;
59-23 (2) an analysis of the content of the bill or
59-24 resolution;
59-25 (3) a statement indicating whether or not any
59-26 rulemaking authority is expressly delegated to a state officer,
59-27 department, agency, or institution, and, if so, identifying the
60-1 sections of the measure in which that rulemaking authority is
60-2 delegated;
60-3 (4) a statement of substantial differences between a
60-4 complete committee substitute and the original bill; and
60-5 (5) a brief explanation of each amendment adopted by
60-6 the committee.
60-7 (d) It shall be the duty of the committee chair, on all
60-8 matters reported by the committee, to see that all provisions of
60-9 Rule 12 are satisfied. The chair shall strictly construe this
60-10 provision to achieve the desired purposes.
60-11 Sec. 33. FISCAL NOTES. (a) If the chair of a standing
60-12 committee determines that a bill or joint resolution, other than
60-13 the general appropriations bill, authorizes or requires the
60-14 expenditure or diversion of state funds for any purpose, the chair
60-15 shall send a copy of the measure to the Legislative Budget Board
60-16 for the preparation of a fiscal note outlining the fiscal
60-17 implications and probable cost of the measure.
60-18 (b) If the chair of a standing committee determines that a
60-19 bill or joint resolution has statewide impact on units of local
60-20 government of the same type or class and authorizes or requires the
60-21 expenditure or diversion of local funds, or creates or impacts a
60-22 local tax, fee, license charge, or penalty, the chair shall send a
60-23 copy of the measure to the Legislative Budget Board for the
60-24 preparation of a fiscal note outlining the fiscal implications and
60-25 probable cost of the measure.
60-26 (c) In preparing a fiscal note, the director of the
60-27 Legislative Budget Board may utilize information or data supplied
61-1 by any person, agency, organization, or governmental unit that the
61-2 director deems reliable. If the director determines that the fiscal
61-3 implications of the measure cannot be ascertained, the director
61-4 shall so state in the fiscal note, in which case the fiscal note
61-5 shall be in full compliance with the rules. If the director of the
61-6 Legislative Budget Board is unable to acquire or develop sufficient
61-7 information to prepare the fiscal note within 15 days of receiving
61-8 the measure from the chair of a committee, the director shall so
61-9 state in the fiscal note, in which case the note shall be in full
61-10 compliance with the rules.
61-11 (d) If the chair determines that a fiscal note is required,
61-12 copies of the fiscal note must be distributed to the members of the
61-13 committee not later than the first time the measure is laid out in
61-14 a committee meeting. The fiscal note shall be attached to the
61-15 measure on first printing. If the measure is amended by the
61-16 committee so as to alter its fiscal implications, the chair shall
61-17 obtain an updated fiscal note, which shall also be attached to the
61-18 measure on first printing.
61-19 (e) All fiscal notes shall remain with the measure
61-20 throughout the entire legislative process, including submission to
61-21 the governor.
61-22 Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
61-23 this section that all members of the house are timely informed as
61-24 to the impact of proposed legislation on the state or other unit of
61-25 government.
61-26 (b) If the chair of a standing committee determines that a
61-27 bill or joint resolution:
62-1 (1) authorizes or requires a change in the sanctions
62-2 applicable to adults convicted of felony crimes, the chair shall
62-3 send a copy of the measure to the Legislative Budget Board for the
62-4 preparation of a criminal justice policy impact statement;
62-5 (2) authorizes or requires a change in the public
62-6 school finance system, the chair shall send a copy of the measure
62-7 to the Legislative Budget Board for the preparation of an equalized
62-8 education funding impact statement;
62-9 (3) proposes to change benefits or participation in
62-10 benefits of a public retirement system or change the financial
62-11 obligations of a public retirement system, the chair shall send a
62-12 copy of the measure to the Legislative Budget Board for the
62-13 preparation of an actuarial impact statement in cooperation with
62-14 the State Pension Review Board;
62-15 (4) proposes to create a water district under the
62-16 authority of Article XVI, Section 59, of the Texas Constitution,
62-17 the chair shall send a copy of the measure to the Legislative
62-18 Budget Board for the preparation of a water development policy
62-19 impact statement; or
62-20 (5) creates or impacts a state tax or fee, the chair
62-21 shall send a copy of the measure to the Legislative Budget Board
62-22 for the preparation of a tax equity note that estimates the general
62-23 effects of the proposal on the distribution of tax and fee burdens
62-24 among individuals and businesses.
62-25 (c) In preparing an impact statement, the director of the
62-26 Legislative Budget Board may utilize information or data supplied
62-27 by any person, agency, organization, or governmental unit that the
63-1 director deems reliable. If the director determines that the
63-2 particular implications of the measure cannot be ascertained, the
63-3 director shall so state in the impact statement, in which case the
63-4 impact statement shall be in full compliance with the rules.
63-5 (d) An impact statement is not required to be present before
63-6 a measure is laid out in a committee meeting. If timely received,
63-7 the impact statement shall be attached to the measure on first
63-8 printing. If the measure is amended by the committee so as to
63-9 alter its particular implications, the chair shall obtain an
63-10 updated impact statement. If timely received, the updated impact
63-11 statement shall also be attached to the measure on first printing.
63-12 (e) An impact statement that is received after the first
63-13 printing of a measure has been distributed to the members shall be
63-14 forwarded by the chair of the committee to the chief clerk. The
63-15 chief clerk shall have the impact statement printed and distributed
63-16 to the members.
63-17 (f) All impact statements received shall remain with the
63-18 measure throughout the entire legislative process, including
63-19 submission to the governor.
63-20 Sec. 35. REPORTS ON HOUSE AND CONCURRENT RESOLUTIONS.
63-21 Committee reports on house and concurrent resolutions shall be made
63-22 in the same manner and shall follow the same procedure as provided
63-23 for bills, subject to any differences otherwise authorized or
63-24 directed by the rules.
63-25 Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No action
63-26 by the house is necessary on the report of a standing committee.
63-27 The bill, resolution, or proposition recommended or reported by the
64-1 committee shall automatically be before the house for its
64-2 consideration after the bill or resolution has been referred to the
64-3 appropriate calendars committee for placement on a calendar and for
64-4 proposal of an appropriate rule for house consideration.
64-5 Sec. 37. REFERRAL OF REPORTS TO CHIEF CLERK. All committee
64-6 reports on bills or resolutions shall be immediately referred to
64-7 the chief clerk. The chair of the committee shall be responsible
64-8 for delivery of the report to the chief clerk.
64-9 Sec. 38. DELIVERY OF REPORTS TO CALENDARS COMMITTEES. After
64-10 printing, the chief clerk shall be responsible for delivery of a
64-11 certified copy of the committee report to the appropriate calendars
64-12 committee, which committee shall immediately accept the bill or
64-13 resolution for placement on a calendar and for the proposal of an
64-14 appropriate rule for house consideration.
64-15 Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
64-16 power to amend, delete, or change in any way the nature, purpose,
64-17 or content of any bill or resolution referred to it, but may draft
64-18 and recommend amendments to it, which shall become effective only
64-19 if adopted by a majority vote of the house.
64-20 Sec. 40. SUBSTITUTES. The committee may adopt and report a
64-21 complete germane committee substitute containing the title,
64-22 enacting clause, and text of the bill in lieu of an original bill,
64-23 in which event the complete substitute bill on committee report
64-24 shall be laid before the house and shall be the matter then before
64-25 the house for its consideration, instead of the original bill. If
64-26 the substitute bill is defeated at any legislative stage, the bill
64-27 is considered not passed.
65-1 Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
65-2 raised that a complete committee substitute is not germane, in
65-3 whole or in part, and the point of order is sustained, the
65-4 committee substitute shall be returned to the Committee on
65-5 Calendars, which may have the original bill printed and distributed
65-6 and placed on a calendar in lieu of the substitute or may return
65-7 the original bill to the committee from which it was reported for
65-8 further action.
65-9 Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO REPORT.
65-10 Should the author or sponsor of the bill, resolution, or other
65-11 proposal not be satisfied with the final recommendation or form of
65-12 the committee report, the member shall have the privilege of
65-13 offering on the floor of the house such amendments or changes as he
65-14 or she considers necessary and desirable, and those amendments or
65-15 changes shall be given priority during the periods of time when
65-16 original amendments are in order under the provisions of Rule 11,
65-17 Section 7.
65-18 CHAPTER D. SUBCOMMITTEES
65-19 Sec. 43. JURISDICTION. Each committee is authorized to
65-20 conduct its activities and perform its work through the use of
65-21 subcommittees as shall be determined by the chair of the committee.
65-22 Subcommittees shall be created, organized, and operated in such a
65-23 way that the subject matter and work area of each subcommittee
65-24 shall be homogeneous and shall pertain to related governmental
65-25 activities. The size and jurisdiction of each subcommittee shall
65-26 be determined by the chair of the committee, except that each
65-27 substantive committee, other than the Appropriations Committee,
66-1 shall have a subcommittee for oversight whose responsibility it
66-2 shall be to monitor the operations and performance of the state
66-3 agencies within the jurisdiction of the committee as provided in
66-4 Rule 3. When the subcommittee for oversight has been appointed,
66-5 the chair of the committee shall file a list of the members of the
66-6 subcommittee with the chief clerk.
66-7 Sec. 44. MEMBERSHIP. The chair of each standing committee
66-8 shall appoint from the membership of the committee the members who
66-9 are to serve on each subcommittee, including the subcommittee for
66-10 oversight. Any vacancy on a subcommittee shall be filled by
66-11 appointment of the chair of the standing committee. The chair and
66-12 vice-chair of each subcommittee, including the subcommittee for
66-13 oversight, shall be named by the chair of the committee.
66-14 Sec. 45. RULES GOVERNING OPERATIONS. The Rules of Procedure
66-15 of the House of Representatives, to the extent applicable, shall
66-16 govern the hearings and operations of each subcommittee. Subject
66-17 to the foregoing, and to the extent necessary for orderly
66-18 transaction of business, each subcommittee may promulgate and adopt
66-19 additional rules and procedures by which it will function.
66-20 Sec. 46. QUORUM. A majority of a subcommittee shall
66-21 constitute a quorum, and no action or recommendation of a
66-22 subcommittee shall be valid unless taken at a meeting with a quorum
66-23 actually present. All reports of a subcommittee must be approved
66-24 by record vote by a majority of the membership of the subcommittee.
66-25 Minutes of the subcommittee shall be maintained in a manner similar
66-26 to that required by the rules for standing committees. Proxies
66-27 cannot be used in subcommittees.
67-1 Sec. 47. POWER AND AUTHORITY. Each subcommittee, within the
67-2 area of its jurisdiction, shall have all of the power, authority,
67-3 and rights granted by the Rules of Procedure of the House of
67-4 Representatives to the standing committee, except subpoena power,
67-5 to the extent necessary to discharge the duties and
67-6 responsibilities of the subcommittee.
67-7 Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO SUBCOMMITTEE.
67-8 All bills and resolutions referred to a standing committee shall be
67-9 reviewed by the chair to determine appropriate disposition of the
67-10 bills and resolutions. All bills and resolutions shall be
67-11 considered by the entire standing committee unless the chair of
67-12 that standing committee determines to refer the bills and
67-13 resolutions to subcommittee. If a bill or resolution is referred
67-14 by the chair of the standing committee to a subcommittee, it shall
67-15 be considered by the subcommittee in the same form in which the
67-16 measure was referred to the standing committee, and any action
67-17 taken by the standing committee on a proposed amendment or
67-18 committee substitute before a measure is referred to subcommittee
67-19 is therefore voided at the time the measure is referred to
67-20 subcommittee. The subcommittee shall be charged with the duty and
67-21 responsibility of conducting the hearing, doing research, and
67-22 performing such other functions as the subcommittee or its parent
67-23 standing committee may determine. All meetings of the subcommittee
67-24 shall be scheduled by the subcommittee chair, with appropriate
67-25 public notice and notification of each member of the subcommittee
67-26 under the same rules of procedure as govern the conduct of the
67-27 standing committee.
68-1 Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
68-2 deliberations on a bill, resolution, or other matter referred to
68-3 it, the subcommittee shall prepare a written report, comprehensive
68-4 in nature, for submission to the full committee. The report shall
68-5 include background material as well as recommended action and shall
68-6 be accompanied by a complete draft of the bill, resolution, or
68-7 other proposal in such form as the subcommittee shall determine.
68-8 Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
68-9 reports shall be directed to the chair of the committee, who shall
68-10 schedule meetings of the standing committee from time to time as
68-11 necessary and appropriate for the reception of subcommittee reports
68-12 and for action on reports by the standing committee. No
68-13 subcommittee report shall be scheduled for action by the standing
68-14 committee until at least 48 hours after a copy of the subcommittee
68-15 report is provided to each member of the standing committee.
68-16 CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
68-17 Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE HOUSE.
68-18 The house may resolve itself into a committee of the whole house to
68-19 consider any matter referred to it by the house. In forming a
68-20 committee of the whole house, the speaker shall vacate the chair
68-21 and shall appoint a chair to preside in committee.
68-22 Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
68-23 the proceedings of the house and those governing committees shall
68-24 be observed in committees of the whole, to the extent that they are
68-25 applicable.
68-26 Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE WHOLE.
68-27 (a) It shall be in order to move a call of the committee of the
69-1 whole at any time to secure and maintain a quorum for the following
69-2 purposes:
69-3 (1) for the consideration of a certain or specific
69-4 matter; or
69-5 (2) for a definite period of time; or
69-6 (3) for the consideration of any designated class of
69-7 bills.
69-8 (b) When a call of the committee of the whole is moved and
69-9 seconded by 10 members, of whom the chair may be one, and is
69-10 ordered by majority vote, the main entrance of the hall and all
69-11 other doors leading out of the hall shall be locked, and no member
69-12 shall be permitted to leave the hall without written permission.
69-13 Other proceedings under a call of the committee shall be the same
69-14 as under a call of the house.
69-15 Sec. 54. HANDLING OF A BILL. A bill committed to a
69-16 committee of the whole house shall be handled in the same manner as
69-17 in any other committee. The body of the bill shall not be defaced
69-18 or interlined, but all amendments shall be duly endorsed by the
69-19 chief clerk as they are adopted by the committee, and so reported
69-20 to the house. When a bill is reported by the committee of the
69-21 whole house it shall be referred immediately to the appropriate
69-22 calendars committee for placement on the appropriate calendar and
69-23 shall follow the same procedure as any other bill on committee
69-24 report.
69-25 Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
69-26 event that the committee of the whole, at any sitting, fails to
69-27 complete its work on any bill or resolution under consideration for
70-1 lack of time, or desires to take any action on that measure that is
70-2 permitted under the rules for other committees, it may, on a motion
70-3 made and adopted by majority vote, rise, report progress, and ask
70-4 leave of the house to sit again generally, or at a time certain.
70-5 Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
70-6 committees made during a session shall be filed with the chief
70-7 clerk and printed in the journal, unless otherwise determined by
70-8 the house.
70-9 CHAPTER F. INTERIM STUDY COMMITTEES
70-10 Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
70-11 the speaker may create interim study committees to conduct studies
70-12 by issuing a proclamation for each committee, which shall specify
70-13 the issue to be studied, committee membership, and any additional
70-14 authority and duties. A copy of each proclamation creating an
70-15 interim study committee shall be filed with the chief clerk. An
70-16 interim study committee expires on release of its final report or
70-17 when the next legislature convenes, whichever is earlier. An
70-18 interim study committee may not be created by resolution.
70-19 Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
70-20 appoint all members of an interim study committee, which may
70-21 include public citizens and officials of state and local
70-22 governments. The speaker shall also designate the chair and
70-23 vice-chair and may authorize the chair to create subcommittees and
70-24 appoint citizen advisory committees.
70-25 Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
70-26 the proceedings of the house and those governing standing
70-27 committees shall be observed by an interim study committee, to the
71-1 extent that they are applicable. An interim study committee shall
71-2 have the power to issue process and to request assistance of state
71-3 agencies as provided for a standing committee in Sections 21, 22,
71-4 and 23 of this rule.
71-5 Sec. 60. FUNDING AND STAFF. An interim study committee
71-6 shall use existing staff resources of its members, standing
71-7 committees, house offices, and legislative service agencies. The
71-8 chair of an interim study committee shall prepare a detailed
71-9 budget for approval by the speaker and the Committee on House
71-10 Administration. An interim study committee may accept gifts,
71-11 grants, and donations for the purpose of funding its activities as
71-12 provided by Sections 301.032(b) and (c), Government Code.
71-13 Sec. 61. STUDY REPORTS. The final report or recommendations
71-14 of an interim study committee shall be approved by a majority of
71-15 the committee membership. Dissenting members may attach statements
71-16 to the final report. Five copies of the report shall be submitted
71-17 to the speaker; 50 copies shall be provided to House Bill
71-18 Distribution for sale at cost; and 75 copies shall be provided to
71-19 the chief clerk, who shall make the appropriate distribution to the
71-20 Legislative Reference Library and state library and archives. This
71-21 section shall also apply to interim study reports of standing
71-22 committees.
71-23 Sec. 62. JOINT HOUSE AND SENATE INTERIM STUDIES. Procedures
71-24 may be established by a concurrent resolution adopted by both
71-25 houses, by which the speaker may authorize and appoint, jointly
71-26 with the senate, committees to conduct interim studies. A copy of
71-27 the authorization for and the appointments to a joint interim study
72-1 committee shall be filed with the chief clerk. Individual joint
72-2 interim study committees may not be authorized or created by
72-3 resolution.
72-4 RULE 5. FLOOR PROCEDURE
72-5 CHAPTER A. QUORUM AND ATTENDANCE
72-6 Sec. 1. QUORUM. Two-thirds of the house shall constitute a
72-7 quorum to do business.
72-8 Sec. 2. ROLL CALLS. On every roll call or registration, the
72-9 names of the members shall be called or listed, as the case may be,
72-10 alphabetically by surname, except when two or more have the same
72-11 surname, in which case the initials of the members shall be
72-12 added.
72-13 Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
72-14 from the sessions of the house without leave, and no member shall
72-15 be excused on his or her own motion.
72-16 (b) A leave of absence may be granted by a majority vote of
72-17 the house and may be revoked at any time by a similar vote.
72-18 (c) Any member granted a leave of absence due to a meeting
72-19 of a committee or conference committee that has authority to meet
72-20 while the house is in session shall be so designated on each roll
72-21 call or registration for which that member is excused.
72-22 Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
72-23 present and fails or refuses to record on a roll call after being
72-24 requested to do so by the speaker shall be recorded as present by
72-25 the speaker and shall be counted for the purpose of making a
72-26 quorum.
72-27 Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
73-1 order of "No Quorum" shall not be accepted by the chair if the last
73-2 roll call showed the presence of a quorum, provided the last roll
73-3 call was taken within two hours of the time the point of order is
73-4 raised.
73-5 (b) If the last roll call was taken more than two hours
73-6 before the point of order is raised, it shall be in order for the
73-7 member who raised the point of order to request a roll call. Such
73-8 a request must be seconded by 25 members. If the request for a
73-9 roll call is properly seconded, the chair shall order a roll call.
73-10 (c) Once a point of order has been made that a quorum is not
73-11 present, it may not be withdrawn after the absence of a quorum has
73-12 been ascertained and announced.
73-13 Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
73-14 registration or record vote reveals that a quorum is not present,
73-15 only a motion to adjourn or a motion for a call of the house and
73-16 the motions incidental thereto shall be in order.
73-17 Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
73-18 to move a call of the house at any time to secure and maintain a
73-19 quorum for one of the following purposes:
73-20 (1) for the consideration of a specific bill,
73-21 resolution, motion, or other measure;
73-22 (2) for the consideration of any designated class of
73-23 bills; or
73-24 (3) for a definite period of time.
73-25 Motions for, and incidental to, a call of the house are not
73-26 debatable.
73-27 Sec. 8. SECURING A QUORUM. When a call of the house is
74-1 moved for one of the above purposes and seconded by 15 members (of
74-2 whom the speaker may be one) and ordered by a majority vote, the
74-3 main entrance to the hall and all other doors leading out of the
74-4 hall shall be locked and no member permitted to leave the house
74-5 without the written permission of the speaker. The names of
74-6 members present shall be recorded. All absentees for whom no
74-7 sufficient excuse is made may, by order of a majority of those
74-8 present, be sent for and arrested, wherever they may be found, by
74-9 the sergeant-at-arms or an officer appointed by the
74-10 sergeant-at-arms for that purpose, and their attendance shall be
74-11 secured and retained. The house shall determine on what conditions
74-12 they shall be discharged. Members who voluntarily appear shall,
74-13 unless the house otherwise directs, be immediately admitted to the
74-14 hall of the house and shall report their names to the clerk to be
74-15 entered in the journal as present.
74-16 Until a quorum appears, should the roll call fail to show one
74-17 present, no business shall be transacted, except to compel the
74-18 attendance of absent members or to adjourn. It shall not be in
74-19 order to recess under a call of the house.
74-20 Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
74-21 shown to be present, the house may proceed with the matters on
74-22 which the call was ordered, or may enforce the call and await the
74-23 attendance of as many of the absentees as it desires. When the
74-24 house proceeds to the business on which the call was ordered, it
74-25 may, by a majority vote, direct the sergeant-at-arms to cease
74-26 bringing in absent members.
74-27 Sec. 10. REPEATING A RECORD VOTE. When a record vote
75-1 reveals the lack of a quorum, and a call is ordered to secure one,
75-2 a record vote shall again be taken when the house resumes business
75-3 with a quorum present.
75-4 CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
75-5 Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
75-6 persons shall be entitled to the privileges of the floor of the
75-7 house when the house is in session: members of the house;
75-8 employees of the house when performing their official duties as
75-9 determined by the Committee on House Administration; members of the
75-10 senate; employees of the senate when performing their official
75-11 duties; the Governor of Texas and the governor's executive and
75-12 administrative assistant; the lieutenant governor; the secretary of
75-13 state; duly accredited reporters, photographers, correspondents,
75-14 and commentators of press, radio, and television who have complied
75-15 with Sections 20(a), (b), (c), and (d) of this rule; contestants in
75-16 election cases pending before the house; and immediate families of
75-17 the members of the legislature on such special occasions as may be
75-18 determined by the Committee on House Administration.
75-19 Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
75-20 persons shall be admitted to the area on the floor of the house
75-21 enclosed by the railing when the house is in session: members of
75-22 the house; members of the senate; the governor; the lieutenant
75-23 governor; officers and employees of the senate and house when those
75-24 officers and employees are actually engaged in performing their
75-25 official duties as determined by the Committee on House
75-26 Administration; spouses of members of the house on such occasions
75-27 as may be determined by the Committee on House Administration; and,
76-1 within the area specifically designated for media
76-2 representatives, duly accredited reporters, photographers,
76-3 correspondents, and commentators of press, radio, and television
76-4 who have complied with Sections 20(a), (b), (c), and (d) of this
76-5 rule.
76-6 Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
76-7 and collectors shall not be admitted to the floor of the house
76-8 while the house is in session.
76-9 Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
76-10 invite a person to address the house while it is in session shall
76-11 be in order only if the person invited is entitled to the
76-12 privileges of the floor as defined by Section 11 of this rule and
76-13 if no business is pending before the house.
76-14 Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
76-15 a member of the legislature, who is lobbying or working for or
76-16 against any pending or prospective legislative measure shall be
76-17 permitted on the floor of the house or in the adjacent rooms while
76-18 the house is in session.
76-19 Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
76-20 admitted to the floor of the house under the rules, except the
76-21 governor or a member of the legislature, lobbies or works for or
76-22 against any pending or prospective legislation or violates any of
76-23 the other rules of the house, the privileges extended to that
76-24 person under the rules shall be suspended by a majority vote of the
76-25 Committee on House Administration. The action of the committee
76-26 shall be reviewable by the house only if two members of the
76-27 committee request an appeal from the decision of the committee.
77-1 The request shall be in the form of a minority report and shall be
77-2 subject to the same rules that are applicable to minority reports
77-3 on bills. Suspension shall remain in force until the accused
77-4 person purges himself or herself and comes within the rules, or
77-5 until the house, by majority vote, reverses the action of the
77-6 committee.
77-7 Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
77-8 persons shall be admitted to the members lounge at any
77-9 time: members of the house; members of the senate; and former
77-10 members of the house and senate who are not engaged in any form of
77-11 employment requiring them to lobby or work for or against any
77-12 pending or prospective legislative measures.
77-13 Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
77-14 shall be the duty of the Committee on House Administration to
77-15 determine what duties are to be discharged by officers and
77-16 employees of the house on the floor of the house, specifically in
77-17 the area enclosed by the railing, when the house is in session. It
77-18 shall be the duty of the speaker to see that the officers and
77-19 employees do not violate the regulations promulgated by the
77-20 Committee on House Administration.
77-21 Sec. 19. PROPER DECORUM. No person shall be admitted to, or
77-22 allowed to remain in, the house chamber while the house is in
77-23 session unless properly attired, and all gentlemen shall wear a
77-24 coat and tie. Food or beverage shall not be permitted in the house
77-25 chamber at any time, and no person carrying food or beverage shall
77-26 be admitted to the chamber, whether the house is in session or in
77-27 recess. Reading newspapers shall not be permitted in the house
78-1 chamber while the house is in session.
78-2 Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
78-3 is in session, no media representative shall be admitted to the
78-4 floor of the house or allowed its privileges unless the person is a
78-5 salaried staff correspondent, reporter, or photographer regularly
78-6 employed by a newspaper, a press association or news service
78-7 serving newspapers, a publication requiring telegraphic coverage,
78-8 or a duly licensed radio or television station or network.
78-9 (b) Any media representative seeking admission to the floor
78-10 of the house under the provisions of Subsection (a) of this section
78-11 must present to the Committee on House Administration fully
78-12 accredited credentials from his or her employer certifying that the
78-13 media representative is engaged primarily in reporting the sessions
78-14 of the legislature. Regularly accredited media representatives who
78-15 have duly qualified under the provisions of this section may, when
78-16 requested to do so, make recommendations through their professional
78-17 committees to the Committee on House Administration as to the
78-18 sufficiency or insufficiency of the credentials of any person
78-19 seeking admission to the floor of the house under this section.
78-20 Every media representative, before being admitted to the
78-21 floor of the house during its sessions, shall file with the
78-22 Committee on House Administration a written statement showing the
78-23 paper or papers, press association, news service, publication
78-24 requiring telegraphic coverage, or radio or television station or
78-25 network which he or she represents and certifying that no part of
78-26 his or her salary for legislative coverage is paid by any person,
78-27 firm, corporation, or association except the listed news media
79-1 which he or she represents.
79-2 (c) If the Committee on House Administration determines that
79-3 a person's media credentials meet the requirements of this section,
79-4 the committee shall issue a pass card to the person. This pass
79-5 card must be presented to the doorkeeper each time the person seeks
79-6 admission to the floor of the house while the house is in session.
79-7 Pass cards issued under this section shall not be transferable.
79-8 Persons admitted to the floor of the house pursuant to the
79-9 provisions of this section shall work in appropriate convenient
79-10 seats or work stations in the house, which shall be designated for
79-11 that purpose by the Committee on House Administration.
79-12 (d) Members of the house shall not engage in interviews and
79-13 press conferences on the house floor while the house is in session.
79-14 The Committee on House Administration is authorized to enforce this
79-15 provision and to prescribe such other regulations as may be
79-16 necessary and desirable to achieve these purposes. Persons
79-17 governed by this subsection shall be subject to the provisions of
79-18 Section 15 of this rule.
79-19 (e) Permission to make live or recorded television or radio
79-20 broadcasts in or from the house chamber while the house is in
79-21 session may be granted only by the Committee on House
79-22 Administration. The committee shall promulgate regulations
79-23 governing television or radio broadcasts, and such regulations
79-24 shall be printed as an addendum to the rules of the house. When
79-25 television or radio broadcasts from the floor of the house are
79-26 recommended by the Committee on House Administration, the
79-27 recommendation shall identify those persons in the technical crews
80-1 to whom pass cards to the floor of the house and galleries are to
80-2 be issued. Passes granted under this authority shall be subject to
80-3 revocation on the recommendation of the Committee on House
80-4 Administration. Each committee of the house shall have authority
80-5 to determine whether or not to permit television or radio
80-6 broadcasts of any of its proceedings.
80-7 Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
80-8 HOUSE CHAMBER. When the house is not in session, the floor of the
80-9 house shall remain open on days and hours determined by the
80-10 Committee on House Administration. By resolution, the house may
80-11 open the floor of the house during its sessions for the
80-12 inauguration of the governor and lieutenant governor and for such
80-13 other public ceremonies as may be deemed warranted.
80-14 CHAPTER C. SPEAKING AND DEBATE
80-15 Sec. 22. ADDRESSING THE HOUSE. When a member desires to
80-16 speak or deliver any matter to the house, the member shall rise and
80-17 respectfully address the speaker as "Mr. (or Madam) Speaker" and,
80-18 on being recognized, may address the house from the microphone at
80-19 the reading clerk's desk, and shall confine all remarks to the
80-20 question under debate, avoiding personalities.
80-21 Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
80-22 members rise at once, the speaker shall name the one who is to
80-23 speak first. This decision shall be final and not open to debate
80-24 or appeal.
80-25 Sec. 24. RECOGNITION. There shall be no appeal from the
80-26 speaker's recognition, but the speaker shall be governed by rules
80-27 and usage in priority of entertaining motions from the floor. When
81-1 a member seeks recognition, the speaker may ask, "For what purpose
81-2 does the member rise?" or "For what purpose does the member seek
81-3 recognition?" and may then decide if recognition is to be
81-4 granted.
81-5 Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
81-6 member who has the floor shall not be interrupted by another member
81-7 for any purpose, unless he or she consents to yield to the other
81-8 member. A member desiring to interrupt another in debate should
81-9 first address the speaker for the permission of the member
81-10 speaking. The speaker shall then ask the member who has the floor
81-11 if he or she wishes to yield, and then announce the decision of
81-12 that member. The member who has the floor may exercise personal
81-13 discretion as to whether or not to yield, and it is entirely within
81-14 the member's discretion to determine who shall interrupt and when.
81-15 Sec. 26. YIELDING THE FLOOR. A member who obtains the floor
81-16 on recognition of the speaker may not be taken off the floor by a
81-17 motion, even the highly privileged motion to adjourn, but if the
81-18 member yields to another to make a motion or to offer an amendment,
81-19 he or she thereby loses the floor.
81-20 Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
81-21 proposition, or the member reporting any measure from a committee,
81-22 or, in the absence of either of them, any other member designated
81-23 by such absentee, shall have the right to open and close the
81-24 debate, and for this purpose may speak each time not more than 20
81-25 minutes.
81-26 Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
81-27 limited to 10 minutes in duration, except as provided in Section 27
82-1 of this rule, and the speaker shall call the members to order at
82-2 the expiration of their time. If the house by a majority vote
82-3 extends the time of any member, the extension shall be for 10
82-4 minutes only. A second extension of time shall be granted only by
82-5 unanimous consent. During the last 10 calendar days of the regular
82-6 session, and the last 5 calendar days of a special session, Sundays
82-7 excepted, all speeches shall be limited to 10 minutes and shall not
82-8 be extended. The time limits established by this rule shall
82-9 include time consumed in yielding to questions from the floor.
82-10 Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
82-11 speak more than twice on the same question without leave of the
82-12 house, nor more than once until every member choosing to speak has
82-13 spoken, nor shall any member be permitted to consume the time of
82-14 another member without leave of the house being given by a majority
82-15 vote.
82-16 Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
82-17 pending question is not disposed of because of an adjournment of
82-18 the house, a member who has spoken twice on the subject shall not
82-19 be allowed to speak again without leave of the house.
82-20 Sec. 31. OBJECTION TO READING A PAPER. When the reading of
82-21 a paper is called for, and objection is made, the matter shall be
82-22 determined by a majority vote of the house, without debate.
82-23 Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
82-24 person shall pass between the front and back microphones during
82-25 debate or when a member has the floor and is addressing the house.
82-26 Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
82-27 member, in speaking or otherwise, transgresses the rules of the
83-1 house, the speaker shall, or any member may, call the member to
83-2 order, in which case the member so called to order shall
83-3 immediately be seated; however, that member may move for an appeal
83-4 to the house, and if appeal is duly seconded by 10 members, the
83-5 matter shall be submitted to the house for decision by majority
83-6 vote. In such cases, the speaker shall not be required to
83-7 relinquish the chair, as is required in cases of appeals from the
83-8 speaker's decisions. The house shall, if appealed to, decide the
83-9 matter without debate. If the decision is in favor of the member
83-10 called to order, the member shall be at liberty to proceed; but if
83-11 the decision is against the member, he or she shall not be allowed
83-12 to proceed, and, if the case requires it, shall be liable to the
83-13 censure of the house, or such other punishment as the house may
83-14 consider proper.
83-15 Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. All
83-16 proceedings of the house of representatives shall be electronically
83-17 recorded under the direction of the Committee on House
83-18 Administration. Copies of the proceedings may be released under
83-19 guidelines promulgated by the Committee on House Administration.
83-20 CHAPTER D. QUESTIONS OF PRIVILEGE
83-21 Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
83-22 privilege shall be:
83-23 (1) those affecting the rights of the house
83-24 collectively, its safety and dignity, and the integrity of its
83-25 proceedings; and
83-26 (2) those affecting the rights, reputation, and
83-27 conduct of members individually in their representative capacity
84-1 only.
84-2 Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions of
84-3 privilege shall have precedence over all other questions except
84-4 motions to adjourn. When in order, a member may address the house
84-5 on a question of privilege, or may at any time print it in the
84-6 journal, provided it contains no reflection on any member of the
84-7 house.
84-8 Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. It shall
84-9 not be in order for a member to address the house on a question of
84-10 privilege:
84-11 (1) between the time an undebatable motion is offered
84-12 and the vote is taken on the motion;
84-13 (2) between the time the previous question is ordered
84-14 and the vote is taken on the last proposition included under the
84-15 previous question; or
84-16 (3) between the time a motion to table is offered and
84-17 the vote is taken on the motion.
84-18 Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE. When
84-19 speaking on privilege, members must confine their remarks within
84-20 the limits of Section 35 of this rule, which will be strictly
84-21 construed to achieve the purposes hereof.
84-22 Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
84-23 of a main or subsidiary motion shall not be discussed or debated
84-24 under the guise of speaking to a question of privilege.
84-25 CHAPTER E. VOTING
84-26 Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
84-27 votes, except viva voce votes, members shall record their votes on
85-1 the voting machine and shall not be recognized by the chair to cast
85-2 their votes from the floor. If a member attempts to vote from the
85-3 floor, the speaker shall sustain a point of order directed against
85-4 the member's so doing. This rule shall not be applicable to the
85-5 mover or the principal opponent of the proposition being voted on
85-6 nor to a member whose voting machine is out of order.
85-7 Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
85-8 registration or vote taken on the voting machine of the house shall
85-9 in all instances be considered the equivalent of a roll call or yea
85-10 and nay vote, which might be had for the same purpose.
85-11 Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
85-12 member who has a personal or private interest in any measure or
85-13 bill proposed or pending before the house shall disclose the fact
85-14 and not vote thereon.
85-15 Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
85-16 house, a quorum being present, the question shall be divided, if it
85-17 includes propositions so distinct in substance that, one being
85-18 taken away, a substantive proposition remains. A motion for a
85-19 division vote cannot be made after the previous question has been
85-20 ordered, after a motion to table has been offered, after the
85-21 question has been put, nor after the yeas and nays have been
85-22 ordered. Under this subsection, the speaker may divide the
85-23 question into groups of propositions that are closely related.
85-24 Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
85-25 present and fails or refuses to vote after being requested to do so
85-26 by the speaker shall be recorded as present but not voting, and
85-27 shall be counted for the purpose of making a quorum.
86-1 Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
86-2 member must be on the floor of the house or in an adjacent room or
86-3 hallway on the same level as the house floor, in order to vote.
86-4 Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
86-5 each calendar day in which the house is in session, it shall be the
86-6 duty of the voting clerk to lock the voting machine of each member
86-7 who is excused or who is otherwise known to be absent. Each such
86-8 machine shall remain locked until the member in person contacts the
86-9 journal clerk and personally requests the unlocking of the machine.
86-10 Unless otherwise directed by the speaker, the voting clerk shall
86-11 not unlock any machine except at the personal request of the member
86-12 to whom the machine is assigned. Any violation, or any attempt by
86-13 a member or employee to circumvent the letter or spirit of this
86-14 section, shall be reported immediately to the speaker for such
86-15 disciplinary action by the speaker, or by the house, as may be
86-16 warranted under the circumstances.
86-17 Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found guilty
86-18 by the house of knowingly voting for another member on the voting
86-19 machine shall be subject to discipline deemed appropriate by the
86-20 house.
86-21 Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
86-22 begun, it may not be interrupted for any reason. While a yea and
86-23 nay vote is being taken, or the vote is being counted, no member
86-24 shall visit the reading clerk's desk or the voting clerk's desk.
86-25 Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
86-26 allowed to interrupt the vote or to make any explanation of a vote
86-27 that the member is about to give after the voting machine has been
87-1 opened, but may record in the journal the reasons for giving such a
87-2 vote.
87-3 (b) A "Reason for Vote" must be in writing and filed with
87-4 the journal clerk. If timely received, the "Reason for Vote" shall
87-5 be printed immediately following the results of the vote in the
87-6 journal. Otherwise, "Reasons for Vote" shall be printed in a
87-7 separate section at the end of the journal for the day on which the
87-8 reasons were recorded with the journal clerk. Such "Reason for
87-9 Vote" shall not deal in personalities or contain any personal
87-10 reflection on any member of the legislature, the speaker, the
87-11 lieutenant governor, or the governor, and shall not in any other
87-12 manner transgress the rules of the house relating to decorum and
87-13 debate.
87-14 (c) A member absent when a vote was taken may file with the
87-15 journal clerk while the house is in session a statement of how the
87-16 member would have voted if present. If timely received, the
87-17 statement shall be printed immediately following the results of the
87-18 vote in the journal. Otherwise, statements shall be printed in a
87-19 separate section at the end of the journal for the day on which the
87-20 statements were recorded with the journal clerk.
87-21 Sec. 50. PAIRS. All pairs must be announced before the vote
87-22 is declared by the speaker, and a written statement sent to the
87-23 journal clerk. The statement must be signed by the absent member
87-24 to the pair, or the member's signature must have been authorized in
87-25 writing, by telegraph, or by telephone, and satisfactory evidence
87-26 presented to the speaker if deemed necessary. If authorized by
87-27 telephone, the call must be to and confirmed by the chief clerk in
88-1 advance of the vote to which it applies. Pairs shall be entered in
88-2 the journal, and the member present shall be counted to make a
88-3 quorum.
88-4 Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. At the
88-5 desire of any three members present, the yeas and nays of the
88-6 members of the house on any question shall be taken and entered in
88-7 the journal. No member or members shall be allowed to call for a
88-8 yea and nay vote after a vote has been declared by the speaker. A
88-9 motion to expunge a yea and nay vote from the journal shall not be
88-10 in order.
88-11 Sec. 52. JOURNAL RECORDING OF NONRECORD VOTES. On nonrecord
88-12 votes members may have their votes recorded in the journal as "yea"
88-13 or "nay" by filing such information with the journal clerk before
88-14 adjournment or recess to another calendar day.
88-15 Sec. 53. CHANGING A VOTE. Before the result of a vote has
88-16 been finally and conclusively pronounced by the chair, but not
88-17 thereafter, a member may change his or her vote; however, if a
88-18 member's vote is erroneous, the member shall be allowed to change
88-19 that vote at a later time provided:
88-20 (1) the result of the record vote is not changed
88-21 thereby;
88-22 (2) the request is made known to the house by the
88-23 chair and permission for the change is granted by unanimous
88-24 consent; and
88-25 (3) a notation is made in the journal that the
88-26 member's vote was changed.
88-27 Sec. 54. TIE VOTE. All matters on which a vote may be taken
89-1 by the house shall require for adoption a favorable affirmative
89-2 vote as required by these rules, and in the case of a tie vote, the
89-3 matter shall be considered lost.
89-4 Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
89-5 result of a yea and nay vote is close, the speaker may on the
89-6 request of any member order a verification vote, or the speaker may
89-7 order a verification on his or her own initiative. During
89-8 verification, no member shall change a vote unless it was
89-9 erroneously recorded, nor may any member not having voted cast a
89-10 vote; however, when the clerk errs in reporting the yeas and nays,
89-11 and correction thereof leaves decisive effect to the speaker's
89-12 vote, the speaker may exercise the right to vote, even though the
89-13 result has been announced. A verification shall be called for
89-14 immediately after the vote is announced. The speaker shall not
89-15 entertain a request for verification after the house has proceeded
89-16 to the next question, or after a recess or an adjournment. A vote
89-17 to recess or adjourn, like any other proposition, may be verified.
89-18 Only one vote verification can be pending at a time. A
89-19 verification may be dispensed with by a two-thirds vote.
89-20 Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
89-21 allow the verification of a registration (as differentiated from a
89-22 record vote) if in the speaker's opinion there is serious doubt as
89-23 to the presence of a quorum.
89-24 Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
89-25 VERIFICATION. A motion for a call of the house, and all incidental
89-26 motions relating to it, shall be in order pending the verification
89-27 of a vote. These motions must be made before the roll call on
90-1 verification begins, and it shall not be in order to break into the
90-2 roll call to make them.
90-3 Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A VOTE.
90-4 If, by an error of the voting clerk or reading clerk in reporting
90-5 the yeas and nays from a registration or verification, the speaker
90-6 announces a result different from that shown by the registration or
90-7 verification, the status of the question shall be determined by the
90-8 vote as actually recorded. If the vote is erroneously announced in
90-9 such a way as to change the true result, all subsequent proceedings
90-10 in connection therewith shall fail, and the journal shall be
90-11 amended accordingly.
90-12 RULE 6. ORDER OF BUSINESS AND CALENDARS
90-13 Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
90-14 convenes on a new legislative day, the daily order of business
90-15 shall be as follows:
90-16 (1) Call to order by speaker.
90-17 (2) Registration of members.
90-18 (3) Prayer by chaplain, unless the invocation has been
90-19 given previously on the particular calendar day.
90-20 (4) Excuses for absence of members and officers.
90-21 (5) First reading and reference to committee of bills
90-22 filed with the chief clerk; and motions to introduce bills, when
90-23 such motions are required.
90-24 (6) Requests to print bills and other papers; requests
90-25 of committees for further time to consider papers referred to them;
90-26 and all other routine motions and business not otherwise provided
90-27 for, all of which shall be undebatable except that the mover and
91-1 one opponent of the motion shall be allowed three minutes each.
91-2 The mover of a routine motion shall be allowed his or her
91-3 choice of making the opening or the closing speech under this rule.
91-4 If the house, under a suspension of the rules, extends the time of
91-5 a member under this rule, such extensions shall be for three
91-6 minutes. Subsidiary motions that are applicable to routine motions
91-7 shall be in order, but the makers of such subsidiary motions shall
91-8 not be entitled to speak thereon in the routine motion period, nor
91-9 shall the authors of the original routine motions be allowed any
91-10 additional time because of subsidiary motions.
91-11 (7) Unfinished business.
91-12 (8) Postponed matters to be laid before the house in
91-13 accordance with Rule 7, Section 15.
91-14 (9) Calendars of the house in their order of priority
91-15 in accordance with Section 7 of this rule, unless a different order
91-16 is determined under other provisions of these rules.
91-17 (b) When the house reconvenes for the first time on a new
91-18 calendar day following a recess, the daily order of business shall
91-19 be:
91-20 (1) Call to order by the speaker.
91-21 (2) Registration of members.
91-22 (3) Prayer by the chaplain.
91-23 (4) Excuses for absence of members and officers.
91-24 (5) Pending business.
91-25 (6) Calendars of the house in their order of priority
91-26 in accordance with Section 7 of this rule, unless a different order
91-27 is determined under other provisions of these rules.
92-1 Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or other
92-2 measure may on any day be made a special order for the same day or
92-3 for a future day of the session by an affirmative vote of
92-4 two-thirds of the members present. A motion to set a special order
92-5 shall be subject to the three-minute pro and con debate rule. When
92-6 once established as a special order, a bill, resolution, or other
92-7 measure shall be considered from day to day until disposed of; and
92-8 until it has been disposed of, no further special orders shall be
92-9 made.
92-10 A three-fourths vote of the members present shall be required
92-11 to suspend the portion of this rule which specifies that only one
92-12 special order may be made and pending at a time.
92-13 (b) After the first six items under the daily order of
92-14 business for a legislative day have been passed, a special order
92-15 shall have precedence when the hour for its consideration has
92-16 arrived, except as provided in Section 9 of this rule.
92-17 Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
92-18 may be postponed to a day certain by a two-thirds vote of those
92-19 present, and when so postponed, shall be considered as disposed of
92-20 so far as its place as a special order is concerned.
92-21 Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
92-22 resolution laid on the table subject to call may be made a special
92-23 order.
92-24 Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
92-25 motion is pending to set a particular bill or resolution as a
92-26 special order, it shall not be in order to move as a substitute to
92-27 set another bill or resolution as a special order. It shall be in
93-1 order, however, to substitute, by majority vote, a different time
93-2 for the special order consideration than that given in the original
93-3 motion.
93-4 Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
93-5 If a member moves to set a bill or joint resolution as a special
93-6 order, or moves to suspend the rules to take up a bill or joint
93-7 resolution out of its regular order, and the motion prevails, the
93-8 member shall not have the right to make either of these motions
93-9 again until every other member has had an opportunity, via either
93-10 of these motions, to have some bill or joint resolution considered
93-11 out of its regular order during that session of the legislature. A
93-12 member shall not lose the suspension privilege if the motion to
93-13 suspend or set for special order does not prevail.
93-14 Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
93-15 the house shall be controlled by a system of calendars, consisting
93-16 of the following:
93-17 (1) EMERGENCY CALENDAR, on which shall appear bills
93-18 considered to be of such pressing and imperative import as to
93-19 demand immediate action, bills to raise revenue and levy taxes,
93-20 and the general appropriations bill. A bill submitted as an
93-21 emergency matter by the governor may also be placed on this
93-22 calendar.
93-23 (2) MAJOR STATE CALENDAR, on which shall appear bills
93-24 of statewide effect, not emergency in nature, which establish or
93-25 change state policy in a major field of governmental activity and
93-26 which will have a major impact in application throughout the state
93-27 without regard to class, area, or other limiting factors.
94-1 (3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which shall
94-2 appear joint resolutions proposing amendments to the Texas
94-3 Constitution, joint resolutions proposing the ratification of
94-4 amendments to the Constitution of the United States, and joint
94-5 resolutions applying to Congress for a convention to amend the
94-6 Constitution of the United States.
94-7 (4) GENERAL STATE CALENDAR, on which shall appear
94-8 bills of statewide effect, not emergency in nature, which establish
94-9 or change state law and which have application to all areas but are
94-10 limited in legal effect by classification or other factors which
94-11 minimize the impact to something less than major state policy, and
94-12 bills, not emergency in nature, which are not on the local,
94-13 consent, and resolutions calendar.
94-14 (5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
94-15 shall appear bills, house resolutions, and concurrent resolutions,
94-16 not emergency in nature, regardless of extent and scope, on which
94-17 there is such general agreement as to render improbable any
94-18 opposition to the consideration and passage thereof, and which have
94-19 been recommended by the appropriate standing committee for
94-20 placement on the local, consent, and resolutions calendar by the
94-21 Committee on Local and Consent Calendars.
94-22 (6) RESOLUTIONS CALENDAR, on which shall appear house
94-23 resolutions and concurrent resolutions, not emergency in nature and
94-24 not privileged.
94-25 (7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
94-26 on which shall appear congratulatory and memorial resolutions whose
94-27 sole intent is to congratulate, memorialize, or otherwise express
95-1 concern or commendation. The Committee on Rules and Resolutions
95-2 may provide separate categories for congratulatory and memorial
95-3 resolutions.
95-4 (b) A calendars committee shall strictly construe and the
95-5 speaker shall strictly enforce this system of calendars.
95-6 Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
95-7 resolutions pending in the house shall follow the same procedure
95-8 with regard to calendars as house bills and resolutions, but
95-9 separate calendars shall be maintained for senate bills and
95-10 resolutions, and consideration of them on senate bill days shall
95-11 have priority in the manner and order specified in this rule.
95-12 (b) No other business shall be considered on days devoted to
95-13 the consideration of senate bills when there remain any bills on
95-14 any of the senate calendars, except with the consent of the senate.
95-15 When all senate calendars are clear, the house may proceed to
95-16 consideration of house calendars on senate bill days.
95-17 Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and on
95-18 calendar Thursday of each week, only senate bills and senate
95-19 resolutions shall be taken up and considered, until disposed of.
95-20 Senate bills and senate resolutions shall be considered in the
95-21 order prescribed in Section 7 of this rule on separate senate
95-22 calendars prepared by the Committee on Calendars. In case a senate
95-23 bill or senate resolution is pending at adjournment on calendar
95-24 Thursday, it shall go over to the succeeding calendar Wednesday as
95-25 unfinished business.
95-26 (b) Precedence given in Rule 8 to certain classes of bills
95-27 during the first 60 calendar days of a regular session shall also
96-1 apply to senate bills on senate bill days.
96-2 Sec. 10. CONSIDERATION OF SENATE BILL ON SAME SUBJECT. When
96-3 any house bill is reached on the calendar or is before the house
96-4 for consideration, it shall be the duty of the speaker to give the
96-5 place on the calendar of the house bill to any senate bill
96-6 containing the same subject that has been referred to and reported
96-7 from a committee of the house and to lay the senate bill before the
96-8 house, to be considered in lieu of the house bill.
96-9 Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
96-10 MEMORIAL CALENDARS. As the volume of legislation shall warrant,
96-11 the chair of the Committee on Rules and Resolutions shall move to
96-12 designate periods for the consideration of congratulatory and
96-13 memorial calendars. Each such motion shall require a two-thirds
96-14 vote for its adoption. In each instance, the Committee on Rules
96-15 and Resolutions shall prepare and distribute to each member a
96-16 printed calendar at least 24 hours in advance of the hour set for
96-17 consideration. No memorial or congratulatory resolution will be
96-18 heard by the full house without having first been approved, at
96-19 least 24 hours in advance, by a majority of the membership of the
96-20 Committee on Rules and Resolutions, in accordance with Rule 4,
96-21 Section 16. It shall not be necessary for the Committee on Rules
96-22 and Resolutions to report a memorial or congratulatory resolution
96-23 from committee in order to place the resolution on a congratulatory
96-24 and memorial calendar. If the Committee on Rules and Resolutions
96-25 determines that a resolution is not eligible for placement on the
96-26 congratulatory and memorial calendar the measure shall be sent to
96-27 the Committee on Calendars for further action. A congratulatory
97-1 and memorial calendar will contain the resolution number, the
97-2 author's name, and a brief description of the intent of the
97-3 resolution. On the congratulatory and memorial calendar,
97-4 congratulatory resolutions may be listed separately from memorial
97-5 resolutions. Once a printed calendar is distributed, no additional
97-6 resolutions will be added to it, and the requirements of this
97-7 section shall not be subject to suspension.
97-8 Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
97-9 MEMORIAL CALENDARS. During the consideration of a congratulatory
97-10 and memorial calendar, resolutions shall not be read in full unless
97-11 they pertain to members or former members of the legislature, or
97-12 unless the intended recipient of the resolution is present on the
97-13 house floor or in the gallery. All other such resolutions shall be
97-14 read only by number, type of resolution, and name of the person or
97-15 persons designated in the resolutions. Members shall notify the
97-16 chair, in advance of consideration of the calendar, of any
97-17 resolutions that will be required to be read in full. In addition,
97-18 the following procedures shall be observed:
97-19 (1) The chair shall recognize the reading clerk to
97-20 read the resolutions within each category on the calendar only by
97-21 number, type of resolution, author or sponsor, and name of the
97-22 person or persons designated in the resolutions, except for those
97-23 resolutions that have been withdrawn or that are required to be
97-24 read in full. The resolutions read by the clerk shall then be
97-25 adopted in one motion for each category.
97-26 (2) Subsequent to the adoption of the resolutions read
97-27 by the clerk, the chair shall proceed to lay before the house the
98-1 resolutions on the calendar that are required to be read in full.
98-2 Each such resolution shall be read and adopted individually.
98-3 (3) If it develops that any resolution on the
98-4 congratulatory and memorial calendar does not belong on that
98-5 calendar, the chair shall withdraw the resolution from further
98-6 consideration, remove it from the calendar, and refer it to the
98-7 appropriate calendars committee for placement on the proper
98-8 calendar.
98-9 Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
98-10 RESOLUTIONS CALENDARS. As the volume of legislation shall warrant,
98-11 the chair of the Committee on Local and Consent Calendars shall
98-12 move to designate periods for the consideration of local, consent,
98-13 and resolutions calendars. Each such motion shall require a
98-14 two-thirds vote for its adoption. In each instance, the Committee
98-15 on Local and Consent Calendars shall prepare and distribute to each
98-16 member a printed calendar at least 48 hours in advance of the hour
98-17 set for consideration. Once a printed calendar is distributed, no
98-18 additional bills or resolutions will be added to it. This
98-19 requirement can be suspended only by unanimous consent. No local,
98-20 consent, and resolutions calendar may be considered by the house if
98-21 it is determined that the rules of the house were not complied with
98-22 by the Committee on Local and Consent Calendars in preparing that
98-23 calendar.
98-24 Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
98-25 RESOLUTIONS CALENDARS. During the consideration of a local,
98-26 consent, and resolutions calendar set by the Committee on Local
98-27 and Consent Calendars the following procedures shall be observed:
99-1 (1) The chair shall allow the sponsor of each bill or
99-2 resolution three minutes to explain the measure, and the time shall
99-3 not be extended except by unanimous consent of the house. This
99-4 rule shall have precedence over all other rules limiting time for
99-5 debate.
99-6 (2) If it develops that any bill or resolution on a
99-7 local, consent, and resolutions calendar is to be contested on the
99-8 floor of the house, the chair shall withdraw the bill or resolution
99-9 from further consideration and remove it from the calendar.
99-10 (3) Any bill or resolution on a local, consent, and
99-11 resolutions calendar shall be considered contested if notice is
99-12 given by five or more members that they intend to oppose the bill
99-13 or resolution, either by a raising of hands or the delivery of
99-14 written notice to the chair.
99-15 (4) Any bill or resolution on a local, consent, and
99-16 resolutions calendar shall be considered contested if debate
99-17 exceeds 10 minutes. The chair shall strictly enforce this time
99-18 limit and automatically withdraw the bill from further
99-19 consideration if the time limit herein imposed is exceeded.
99-20 Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
99-21 local, consent, and resolutions calendars and congratulatory and
99-22 memorial calendars, consideration of calendars shall be in the
99-23 order named in Section 7 of this rule, subject to any exceptions
99-24 ordered by the Committee on Calendars. With respect to a
99-25 particular calendar, bills and resolutions on third reading shall
99-26 have precedence over bills and resolutions on second reading.
99-27 Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
100-1 OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
100-2 printed daily when the house is in session. A printed copy of each
100-3 calendar shall be placed in the newspaper mailbox of each member at
100-4 least 36 hours if convened in regular session and 24 hours if
100-5 convened in special session before the calendar may be considered
100-6 by the house. Deviations from the calendars as printed and
100-7 distributed shall not be permitted except that the Committee on
100-8 Calendars shall be authorized to print and distribute, not later
100-9 than two hours before the house convenes, a supplemental daily
100-10 house calendar, on which shall appear:
100-11 (1) bills or resolutions which were passed to third
100-12 reading on the previous legislative day;
100-13 (2) bills or resolutions which appeared on the Daily
100-14 House Calendar for a previous calendar day which were not reached
100-15 for floor consideration;
100-16 (3) postponed business from a previous calendar day;
100-17 and
100-18 (4) notice to take from the table a bill or resolution
100-19 which was laid on the table subject to call on a previous
100-20 legislative day.
100-21 In addition to the items listed above, the bills and
100-22 resolutions from a daily house calendar that will be eligible for
100-23 consideration may be incorporated, in their proper order as
100-24 determined by these rules, into the supplemental daily house
100-25 calendar.
100-26 (b) In addition, when the volume of legislation shall
100-27 warrant, and upon request of the speaker, the chief clerk shall
101-1 have printed and distributed to the members, a list of Items
101-2 Eligible for Consideration, on which shall appear only:
101-3 (1) house bills with senate amendments that are
101-4 eligible for consideration under Rule 13, Section 5;
101-5 (2) senate bills for which the senate has requested
101-6 appointment of a conference committee; and
101-7 (3) conference committee reports that are eligible for
101-8 consideration under Rule 13, Section 10.
101-9 (c) A copy of the list of Items Eligible for Consideration
101-10 must be placed in the newspaper mailbox of each member at least six
101-11 hours before the list may be considered by the house.
101-12 (d) The time at which the copies of a calendar or list are
101-13 placed in the newspaper mailboxes of the members shall be
101-14 time-stamped on the originals of the calendar or list.
101-15 (e) No house calendar shall be eligible for consideration if
101-16 it is determined that the rules of the house were not complied with
101-17 by the Committee on Calendars in preparing that calendar.
101-18 (f) If the Committee on Calendars has proposed a rule for
101-19 floor consideration of a bill or resolution that is eligible to be
101-20 placed on a calendar of the daily house calendar, the rule must be
101-21 printed and a copy distributed to each member. If the bill or
101-22 resolution to which the rule will apply has already been placed on
101-23 a calendar of the daily house calendar, a copy of the rule must be
101-24 attached to the printed calendar on which the bill or resolution
101-25 appears. The speaker shall lay a proposed rule before the house
101-26 prior to the consideration of the bill or resolution to which the
101-27 rule will apply. The rule may be laid before the house anytime
102-1 after a copy of the rule has been distributed to each member in
102-2 accordance with this subsection. The rule shall not be subject to
102-3 amendment, but to be effective, the rule must be approved by the
102-4 house by an affirmative vote of a majority of those members present
102-5 and voting. If approved by the house in accordance with this
102-6 subsection, the rule will be effective for the consideration of the
102-7 bill or resolution on both second and third readings.
102-8 Sec. 17. POSITION ON A CALENDAR. Once a bill or resolution
102-9 is placed on its appropriate calendar under these rules, and has
102-10 appeared on a house calendar, as printed and distributed to all
102-11 members, the bill shall retain its relative position on the
102-12 calendar until reached for floor consideration, and the calendars
102-13 committee with jurisdiction over the bill or resolution shall have
102-14 no authority to place other bills on the calendar ahead of that
102-15 bill, but all additions to the calendar shall appear subsequent to
102-16 the bill.
102-17 Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
102-18 as provided in Section 11 of this rule as it relates to
102-19 congratulatory and memorial resolutions, no bill or resolution
102-20 shall be placed on a calendar until:
102-21 (1) it has been referred to and reported from its
102-22 appropriate standing committee by favorable committee action; or
102-23 (2) it is ordered printed on minority report or after
102-24 a committee has reported its inability to recommend a course of
102-25 action.
102-26 Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
102-27 resolutions, on being reported from committee, shall be referred
103-1 immediately to the chief clerk for printing and then to the
103-2 appropriate calendars committee for placement on the appropriate
103-3 calendar.
103-4 Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR.
103-5 Within 30 calendar days after a bill or resolution has been
103-6 referred to the appropriate calendars committee, the committee must
103-7 vote on whether to place the bill or resolution on one of the
103-8 calendars of the daily house calendar or the local, consent, and
103-9 resolutions calendar, as applicable. A vote against placement of
103-10 the bill or resolution on a calendar does not preclude a calendars
103-11 committee from later voting in favor of placement of the bill or
103-12 resolution on a calendar.
103-13 Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill
103-14 or resolution has been in the appropriate calendars committee for
103-15 30 calendar days, exclusive of the calendar day on which it was
103-16 referred, awaiting placement on one of the calendars of the daily
103-17 house calendar or on the local, consent, and resolutions calendar,
103-18 it shall be in order for a member to move that the bill or
103-19 resolution be placed on a specific calendar of the daily house
103-20 calendar or on the local, consent, and resolutions calendar without
103-21 action by the committee. This motion must be seconded by five
103-22 members and shall require a majority vote for adoption.
103-23 (b) A motion to place a bill or resolution on a specific
103-24 calendar of the daily house calendar or on the local, consent, and
103-25 resolutions calendar is not a privileged motion and must be made
103-26 during the routine motion period unless made under a suspension of
103-27 the rules.
104-1 Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
104-2 RESOLUTIONS CALENDAR. No bill or resolution shall be considered
104-3 for placement on the local, consent, and resolutions calendar by
104-4 the Committee on Local and Consent Calendars unless a request for
104-5 that placement has been made to the chair of the standing committee
104-6 from which the bill or resolution was reported and unless the
104-7 committee report of the standing committee recommends that the bill
104-8 or resolution be sent to the Committee on Local and Consent
104-9 Calendars for placement on the local, consent, and resolutions
104-10 calendar. The recommendation of the standing committee shall be
104-11 advisory only, and the Committee on Local and Consent Calendars
104-12 shall have final authority to determine whether or not a bill or
104-13 resolution shall be placed on the local, consent, and resolutions
104-14 calendar. If the Committee on Local and Consent Calendars
104-15 determines that the bill or resolution is not eligible for
104-16 placement on the local, consent, and resolutions calendar, the
104-17 measure shall be sent to the Committee on Calendars for further
104-18 action.
104-19 Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL, CONSENT,
104-20 AND RESOLUTIONS CALENDAR. (a) No bill defined as a local bill by
104-21 Rule 8, Section 10(c), shall be placed on the local, consent, and
104-22 resolutions calendar unless:
104-23 (1) evidence of publication of notice in compliance
104-24 with the Texas Constitution and these rules is filed with the
104-25 Committee on Local and Consent Calendars; and
104-26 (2) it has been recommended unanimously by the present
104-27 and voting members of the committee from which it was reported that
105-1 the bill be sent to the Committee on Local and Consent Calendars
105-2 for placement on the local, consent, and resolutions calendar.
105-3 (b) No other bill or resolution shall be placed on the
105-4 local, consent, and resolutions calendar unless it has been
105-5 recommended unanimously by the present and voting members of the
105-6 committee from which it was reported that the bill be sent to the
105-7 Committee on Local and Consent Calendars for placement on the
105-8 local, consent, and resolutions calendar.
105-9 Sec. 24. REPLACEMENT OF CONTESTED BILLS AND RESOLUTIONS. A
105-10 bill or resolution once removed from the local, consent, and
105-11 resolutions calendar shall be returned to the Committee on Local
105-12 and Consent Calendars for further action. The Committee on Local
105-13 and Consent Calendars, if it feels such action is warranted, may
105-14 again place the bill or resolution on the local, consent, and
105-15 resolutions calendar, provided, however, that if the bill or
105-16 resolution is not placed on the next local, consent, and
105-17 resolutions calendar set by the Committee on Local and Consent
105-18 Calendars, the bill or resolution shall immediately be referred to
105-19 the Committee on Calendars for further action. If the bill or
105-20 resolution is then removed from the calendar a second time by being
105-21 contested on the floor of the house, the bill or resolution shall
105-22 not again be placed on the local, consent, and resolutions calendar
105-23 by the Committee on Local and Consent Calendars during that session
105-24 of the legislature but shall be returned to the Committee on
105-25 Calendars for further action.
105-26 Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
105-27 the limitations contained in this rule, the Committee on Calendars
106-1 shall have full authority to make placements on calendars in
106-2 whatever order is necessary and desirable under the circumstances
106-3 then existing, except that bills on third reading on a particular
106-4 calendar shall have precedence over bills on second reading on the
106-5 same calendar. It is the intent of the calendar system to give the
106-6 Committee on Calendars wide discretion to insure adequate
106-7 consideration by the house of important legislation.
106-8 RULE 7. MOTIONS
106-9 CHAPTER A. GENERAL MOTIONS
106-10 Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
106-11 motions, in addition to any elsewhere provided herein, shall be
106-12 decided without debate, except as otherwise provided in these
106-13 rules:
106-14 (1) to adjourn;
106-15 (2) to lay on the table;
106-16 (3) to lay on the table subject to call;
106-17 (4) to suspend the rule as to the time for
106-18 introduction of bills;
106-19 (5) to order a call of the house, and all motions
106-20 incidental thereto;
106-21 (6) an appeal by a member called to order;
106-22 (7) on questions relating to priority of business;
106-23 (8) to amend the caption of a bill or resolution;
106-24 (9) to extend the time of a member speaking under the
106-25 previous question or to allow a member who has the right to speak
106-26 after the previous question is ordered to yield the time, or a part
106-27 of it, to another;
107-1 (10) to reconsider and table.
107-2 Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
107-3 the mover and one opponent of the motion three minutes each during
107-4 which to debate the following motions without debating the merits
107-5 of the bill, resolution, or other matter, and the mover of the
107-6 motion may elect to either open the debate or close the debate, but
107-7 the mover's time may not be divided:
107-8 (1) to suspend the regular order of business and take
107-9 up some measure out of its regular order;
107-10 (2) to instruct a committee to report a certain bill
107-11 or resolution;
107-12 (3) to rerefer a bill or resolution from one committee
107-13 to another;
107-14 (4) to place a bill or resolution on a specific
107-15 calendar without action by the appropriate calendars committee;
107-16 (5) to take up a bill or resolution laid on the table
107-17 subject to call;
107-18 (6) to set a special order;
107-19 (7) to suspend the rules;
107-20 (8) to suspend the constitutional rule requiring bills
107-21 to be read on three several days;
107-22 (9) to pass a resolution suspending the joint rules;
107-23 (10) to order the previous question;
107-24 (11) to order the limiting of amendments to a bill or
107-25 resolution;
107-26 (12) to print documents, reports, or other material in
107-27 the journal;
108-1 (13) to take any other action required or permitted
108-2 during the routine motion period by Rule 6, Section 1;
108-3 (14) to divide the question.
108-4 Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
108-5 under debate, the following motions, and none other, shall be in
108-6 order, and such motions shall have precedence in the following
108-7 order:
108-8 (1) to adjourn;
108-9 (2) to take recess;
108-10 (3) to lay on the table;
108-11 (4) to lay on the table subject to call;
108-12 (5) for the previous question;
108-13 (6) to postpone to a day certain;
108-14 (7) to commit, recommit, refer, or rerefer;
108-15 (8) to amend by striking out the enacting or resolving
108-16 clause, which, if carried, shall have the effect of defeating the
108-17 bill or resolution;
108-18 (9) to amend;
108-19 (10) to postpone indefinitely.
108-20 Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
108-21 been made, the speaker shall state it, or if it is in writing,
108-22 order it read by the clerk; and it shall then be in possession of
108-23 the house.
108-24 Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
108-25 the house and entertained by the speaker shall be reduced to
108-26 writing on the demand of any member, and shall be entered on the
108-27 journal with the name of the member making it.
109-1 Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
109-2 by the mover at any time before a decision on the motion, even
109-3 though an amendment may have been offered and is pending. It
109-4 cannot be withdrawn, however, if the motion has been amended.
109-5 After the previous question has been ordered, a motion can be
109-6 withdrawn only by unanimous consent.
109-7 Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
109-8 or recess shall always be in order, except:
109-9 (1) when the house is voting on another motion;
109-10 (2) when the previous question has been ordered and
109-11 before the final vote on the main question, unless a roll call
109-12 shows the absence of a quorum;
109-13 (3) when a member entitled to the floor has not
109-14 yielded for that purpose; or
109-15 (4) when no business has been transacted since a
109-16 motion to adjourn or recess has been defeated.
109-17 Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
109-18 RECESS. When several motions to recess or adjourn are made at the
109-19 same period, the motion to adjourn carrying the shortest time shall
109-20 be put first, then the next shortest time, and in that order until
109-21 a motion to adjourn has been adopted or until all have been voted
109-22 on and lost; and then the same procedure shall be followed for
109-23 motions to recess.
109-24 Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
109-25 RECESS. A motion to adjourn or recess may not be withdrawn when it
109-26 is one of a series upon which voting has commenced, nor may an
109-27 additional motion to adjourn or recess be made when voting has
110-1 commenced on a series of such motions.
110-2 Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
110-3 vote by which a motion to adjourn or recess is carried or lost
110-4 shall not be subject to a motion to reconsider.
110-5 Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
110-6 number of members than a quorum may adjourn from day to day, and
110-7 may compel the attendance of absent members.
110-8 Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
110-9 carried, shall have the effect of killing the bill, resolution,
110-10 amendment, or other immediate proposition to which it was applied.
110-11 Such a motion shall not be debatable, but the mover of the
110-12 proposition to be tabled, or the member reporting it from
110-13 committee, shall be allowed to close the debate after the motion to
110-14 table is made and before it is put to a vote. When a motion to
110-15 table is made to a debatable main motion, the main motion mover
110-16 shall be allowed 20 minutes to close the debate, whereas the movers
110-17 of other debatable motions sought to be tabled shall be allowed
110-18 only 10 minutes to close. The vote by which a motion to table is
110-19 carried or lost cannot be reconsidered. After the previous
110-20 question has been ordered, a motion to table is not in order. The
110-21 provisions of this section do not apply to motions to "lay on the
110-22 table subject to call"; however, a motion to lay on the table
110-23 subject to call cannot be made after the previous question has been
110-24 ordered.
110-25 Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
110-26 resolution, or other matter is pending before the house, it may be
110-27 laid on the table subject to call, and one legislative day's
111-1 notice, as printed on the Supplemental House Calendar, must be
111-2 given before the proposition can be taken from the table, unless it
111-3 is on the same legislative day, in which case it can be taken from
111-4 the table at any time except when there is another matter pending
111-5 before the house. A bill, resolution, or other matter can be taken
111-6 from the table only by a majority vote of the house. When a
111-7 special order is pending, a motion to take a proposition from the
111-8 table cannot be made unless the proposition is a privileged
111-9 matter.
111-10 Sec. 14. MOTION TO POSTPONE. A motion to postpone to a day
111-11 certain may be amended and is debatable within narrow limits, but
111-12 the merits of the proposition sought to be postponed cannot be
111-13 debated. A motion to postpone indefinitely opens to debate the
111-14 entire proposition to which it applies.
111-15 Sec. 15. POSTPONED MATTERS. A bill or proposition postponed
111-16 to a day certain shall be laid before the house at the time on the
111-17 calendar day to which it was postponed, provided it is otherwise
111-18 eligible under the rules and no other business is then pending. If
111-19 business is pending, the postponed matter shall be deferred until
111-20 the pending business is disposed of without prejudice otherwise to
111-21 its right of priority. When a privileged matter is postponed to a
111-22 particular time, and that time arrives, the matter, still retaining
111-23 its privileged nature, shall be taken up even though another matter
111-24 is pending.
111-25 Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
111-26 two or more bills, resolutions, or other propositions are postponed
111-27 to the same time, and are otherwise eligible for consideration at
112-1 that time, they shall be considered in the chronological order of
112-2 their setting.
112-3 Sec. 17. MOTION TO REFER. When motions are made to refer a
112-4 subject to a select or standing committee, the question on the
112-5 subject's referral to a standing committee shall be put first.
112-6 Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
112-7 after being defeated at the routine motion period, may again be
112-8 made when the bill itself is under consideration; however, a motion
112-9 to recommit a bill shall not be in order at the routine motion
112-10 period if the bill is then before the house as either pending
112-11 business or unfinished business.
112-12 A motion to recommit a bill or resolution can be made and
112-13 voted on even though the author, sponsor, or principal proponent is
112-14 not present.
112-15 Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
112-16 COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
112-17 recommit is debatable within narrow limits, but the merits of the
112-18 proposition may not be brought into the debate. A motion to refer,
112-19 rerefer, commit, or recommit with instructions is fully debatable.
112-20 Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
112-21 Except as provided in Rule 4, Section 30, when a bill has been
112-22 recommitted once at any reading and has been reported adversely by
112-23 the committee to which it was referred, it shall be in order to
112-24 again recommit the bill only if a minority report has been filed in
112-25 the time required by the rules of the house. A two-thirds vote of
112-26 those present shall be required to recommit a second time.
112-27 CHAPTER B. MOTION FOR THE PREVIOUS
113-1 QUESTION
113-2 Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
113-3 motion for the previous question, which shall be admitted only when
113-4 seconded by 25 members. It shall be put by the chair in this
113-5 manner: "The motion has been seconded. Three minutes pro and con
113-6 debate will be allowed on the motion for ordering the previous
113-7 question." As soon as the debate has ended, the chair shall
113-8 continue: "As many as are in favor of ordering the previous
113-9 question on (here state on which question or questions) will say
113-10 'Aye,'" and then, "As many as are opposed say 'Nay.'" As in all
113-11 other propositions, a motion for the previous question may be taken
113-12 by a record vote if demanded by three members. If ordered by a
113-13 majority of the members voting, a quorum being present, it shall
113-14 have the effect of cutting off all debate, except as provided in
113-15 Section 23 of this rule, and bringing the house to a direct vote on
113-16 the immediate question or questions on which it has been asked and
113-17 ordered.
113-18 Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
113-19 motion for the previous question, there shall be no debate except
113-20 as provided in Sections 2 and 21 of this rule. All incidental
113-21 questions of order made pending decision on such motion shall be
113-22 decided, whether on appeal or otherwise, without debate.
113-23 Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
113-24 ORDERED. After the previous question has been ordered, there shall
113-25 be no debate upon the questions on which it has been ordered, or
113-26 upon the incidental questions, except that the mover of the
113-27 proposition or any of the pending amendments or any other motions,
114-1 or the member making the report from the committee, or, in the case
114-2 of the absence of either of them, any other member designated by
114-3 such absentee, shall have the right to close the debate on the
114-4 particular proposition or amendment. Then a vote shall be taken
114-5 immediately on the amendments or other motions, if any, and then on
114-6 the main question.
114-7 Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
114-8 ORDERED. All members having the right to speak after the previous
114-9 question has been ordered shall speak before the question is put on
114-10 the first proposition covered by the previous question. All votes
114-11 shall then be taken in the correct order, and no vote or votes
114-12 shall be deferred to allow any member to close on any one of the
114-13 propositions separately after the voting has commenced.
114-14 Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
114-15 amendment has been substituted and the previous question is then
114-16 moved on the adoption of the amendment as substituted, the author
114-17 of the amendment as substituted shall have the right to close the
114-18 debate on that amendment in lieu of the author of the original
114-19 amendment.
114-20 Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
114-21 the previous question is ordered on a motion to postpone
114-22 indefinitely or to amend by striking out the enacting clause of a
114-23 bill, the member moving to postpone or amend shall have the right
114-24 to close the debate on that motion or amendment, after which the
114-25 mover of the proposition or bill proposed to be so postponed or
114-26 amended, or the member reporting it from the committee, or, in the
114-27 absence of either of them, any other member designated by the
115-1 absentee, shall be allowed to close the debate on the original
115-2 proposition.
115-3 Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The previous
115-4 question may be asked and ordered on any debatable single motion or
115-5 series of motions, or any amendment or amendments pending, or it
115-6 may be made to embrace all authorized debatable motions or
115-7 amendments pending and include the bill, resolution, or proposition
115-8 that is on second or third reading. The previous question cannot
115-9 be ordered, however, on the main proposition without including
115-10 other pending motions of lower rank as given in Section 3 of this
115-11 rule.
115-12 Sec. 28. LIMIT OF APPLICATION. The previous question shall
115-13 not extend beyond the final vote on a motion or sequence of motions
115-14 to which the previous question has been ordered.
115-15 Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
115-16 Amendments on the speaker's desk for consideration which have not
115-17 actually been laid before the house and read cannot be included
115-18 under a motion for the previous question.
115-19 Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
115-20 TABLE. If a motion to table is made directly to a main motion, the
115-21 motion for the previous question is not in order. In a case where
115-22 an amendment to a main motion is pending, and a motion to table the
115-23 amendment is made, it is in order to move the previous question on
115-24 the main motion, the pending amendment, and the motion to table the
115-25 amendment.
115-26 Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS QUESTION.
115-27 There is no acceptable substitute for a motion for the previous
116-1 question, nor can other motions be applied to it.
116-2 Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
116-3 TABLING. The motion for the previous question is not subject to a
116-4 motion to table.
116-5 Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
116-6 QUESTION ACCEPTED. The motion to adjourn is not in order after a
116-7 motion for the previous question is accepted by the chair, or after
116-8 the seconding of such motion and before a vote is taken.
116-9 Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
116-10 After the previous question has been ordered, no motion shall be in
116-11 order until the question or questions on which it was ordered have
116-12 been voted on, without debate, except:
116-13 (1) a motion for a call of the house, and motions
116-14 incidental thereto;
116-15 (2) a motion to extend the time of a member closing on
116-16 a proposition;
116-17 (3) a motion to permit a member who has the right to
116-18 speak to yield the time or a part thereof to another member;
116-19 (4) a request for and a verification of a vote;
116-20 (5) a motion to reconsider the vote by which the
116-21 previous question was ordered. A motion to reconsider may be made
116-22 only once and that must be before any vote under the previous
116-23 question has been taken;
116-24 (6) a motion to table a motion to reconsider the vote
116-25 by which the previous question has been ordered;
116-26 (7) a double motion to reconsider and table the vote
116-27 by which the previous question was ordered.
117-1 Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS QUESTION
117-2 ORDERED. No motion for an adjournment or a recess shall be in
117-3 order after the previous question is ordered until the final vote
117-4 under the previous question has been taken, unless the roll call
117-5 shows the absence of a quorum.
117-6 Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
117-7 adjourns without a quorum under the previous question, the previous
117-8 question shall remain in force and effect when the bill,
117-9 resolution, or other proposition is again laid before the house.
117-10 CHAPTER C. RECONSIDERATION
117-11 Sec. 37. MOTION TO RECONSIDER A RECORD VOTE. When a
117-12 question has been decided by the house, any member voting with the
117-13 prevailing side may, on the same legislative day, or on the next
117-14 legislative day, move a reconsideration; however, if a
117-15 reconsideration is moved on the next legislative day, it must be
117-16 done before the order of the day, as designated in the ninth item
117-17 of Rule 6, Section 1(a), is taken up. If the house refuses to
117-18 reconsider, or on reconsideration, affirms its decision, no further
117-19 action to reconsider shall be in order.
117-20 Sec. 38. MOTION TO RECONSIDER A NONRECORD VOTE. Where the
117-21 yeas and nays have not been called for and recorded, any member,
117-22 regardless of whether he or she voted on the prevailing side or
117-23 not, may make the motion to reconsider; however, even when the yeas
117-24 and nays have not been recorded, the following shall not be
117-25 eligible to make a motion to reconsider:
117-26 (1) a member who was absent;
117-27 (2) a member who was paired and, therefore, did not
118-1 vote; and
118-2 (3) a member who was recorded in the journal as having
118-3 voted on the losing side.
118-4 Sec. 39. DEBATE ON MOTION TO RECONSIDER. A motion to
118-5 reconsider shall be debatable only when the question to be
118-6 reconsidered is debatable. Even though the previous question was
118-7 in force before the vote on a debatable question was taken, debate
118-8 is permissible on the reconsideration of such debatable question.
118-9 Sec. 40. MAJORITY VOTE REQUIRED. Every motion to reconsider
118-10 shall be decided by a majority vote, even though the vote on the
118-11 original question requires a two-thirds vote for affirmative
118-12 action. If the motion to reconsider prevails, the question then
118-13 immediately recurs on the question reconsidered.
118-14 Sec. 41. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
118-15 reconsider cannot be withdrawn unless permission is given by a
118-16 majority vote of the house, and the motion may be called up by any
118-17 member.
118-18 Sec. 42. TABLING MOTION TO RECONSIDER. A motion to
118-19 reconsider shall be subject to a motion to table, which, if
118-20 carried, shall be a final disposition of the motion to reconsider.
118-21 Sec. 43. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
118-22 motion to reconsider and table shall be in order. It shall be
118-23 undebatable. When carried, the motion to reconsider shall be
118-24 tabled. When it fails, the question shall then be on the motion to
118-25 reconsider, and the motion to reconsider shall, without further
118-26 action, be spread on the journal, but it may be called up by any
118-27 member, in accordance with the provisions of Section 44 of this
119-1 rule.
119-2 Sec. 44. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
119-3 If a motion to reconsider is not disposed of when made, it shall be
119-4 entered in the journal, and cannot, after that legislative day, be
119-5 called up and disposed of unless one legislative day's notice has
119-6 been given.
119-7 (b) Unless called up and disposed of prior to 72 hours
119-8 before final adjournment of the session, all motions to reconsider
119-9 shall be regarded as determined and lost.
119-10 (c) All motions to reconsider made during the last 72 hours
119-11 of the session shall be disposed of when made; otherwise, the
119-12 motion shall be considered as lost.
119-13 Sec. 45. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
119-14 member voting on the prevailing side may make a motion to
119-15 reconsider and spread on the journal, which does not require a
119-16 vote, and on the motion being made, it shall be entered on the
119-17 journal. Any member, regardless of whether he or she voted on the
119-18 prevailing side or not, who desires immediate action on a motion to
119-19 reconsider which has been spread on the journal, can call it up as
119-20 soon as it is made, and demand a vote on it, or can call it up and
119-21 move to table it.
119-22 (b) If the motion to table the motion to reconsider is
119-23 defeated, the motion to reconsider remains spread on the journal
119-24 for future action; however, any member, regardless of whether he or
119-25 she voted on the prevailing side or not, can call the motion from
119-26 the journal for action by the house, and, once disposed of, no
119-27 other motion to reconsider can be made.
120-1 Sec. 46. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
120-2 the first 76 calendar days of a regular session, when any bill,
120-3 resolution, or other paper has been in committee for 6 calendar
120-4 days, exclusive of the calendar day on which it was referred, it
120-5 shall be in order for a member to move that the committee be
120-6 required to report the same within 7 calendar days. This motion
120-7 shall require a two-thirds vote for passage.
120-8 (b) After the first 76 calendar days of a regular session,
120-9 when any bill, resolution, or other paper has been in committee for
120-10 6 calendar days, exclusive of the calendar day on which it was
120-11 referred, it shall be in order for a member to move that the
120-12 committee be required to report the same within 7 calendar days.
120-13 This motion shall require a majority vote for passage.
120-14 (c) A motion to instruct a committee to report is not a
120-15 privileged motion and must be made during the routine motion period
120-16 unless made under a suspension of the rules.
120-17 (d) The house shall have no authority to instruct a
120-18 subcommittee directly; however, instructions recognized under the
120-19 rules may be given to a committee and shall be binding on all
120-20 subcommittees.
120-21 Sec. 47. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
120-22 During the first 76 calendar days of a regular session, when any
120-23 bill, resolution, or other paper has been in committee for 7
120-24 calendar days after the committee was instructed by the house to
120-25 report that measure by a motion made under Section 46 of this rule,
120-26 it shall be in order for a member to move to rerefer the bill,
120-27 resolution, or other paper to a different committee. This motion
121-1 shall require a two-thirds vote for passage.
121-2 (b) After the first 76 calendar days of a regular session,
121-3 when any bill, resolution, or other paper has been in committee for
121-4 7 calendar days after the committee has been instructed to report
121-5 that measure by a motion made under Section 46 of this rule, it
121-6 shall be in order for a member to move to rerefer the bill,
121-7 resolution, or other paper to a different committee. This motion
121-8 shall require a majority vote for passage.
121-9 (c) A motion to rerefer a bill, resolution, or other paper
121-10 from one committee to another committee is not a privileged motion
121-11 and must be made during the routine motion period unless made under
121-12 a suspension of the rules.
121-13 RULE 8. BILLS
121-14 Sec. 1. CONTENTS OF BILLS. Proposed laws or changes in laws
121-15 must be incorporated in bills, which shall consist of:
121-16 (1) a title or caption, beginning with the words "A
121-17 Bill to be Entitled An Act" and a brief statement that gives the
121-18 legislature and the public reasonable notice of the subject of the
121-19 proposed measure;
121-20 (2) an enacting clause, "Be It Enacted by the
121-21 Legislature of the State of Texas"; and
121-22 (3) the bill proper.
121-23 Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
121-24 revived or amended by reference to its title. The act revived, or
121-25 the section or sections amended, shall be reenacted and published
121-26 at length. This rule does not apply to revisions adopted under
121-27 Article III, Section 43, of the Texas Constitution.
122-1 Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
122-2 (except a general appropriations bill, which may embrace the
122-3 various subjects and accounts for which money is appropriated or a
122-4 revision adopted under Article III, Section 43, of the Texas
122-5 Constitution) shall contain only one subject.
122-6 Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS BILL.
122-7 A general law may not be changed by the provisions in an
122-8 appropriations bill.
122-9 Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
122-10 COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
122-11 resolution may have only one primary author. The signature of the
122-12 primary author shall be the only signature that appears on the
122-13 original measure and all copies filed with the chief clerk. The
122-14 signatures of all coauthors or joint authors shall appear on the
122-15 appropriate forms in the chief clerk's office.
122-16 (b) Any member may become the coauthor of a bill or
122-17 resolution by securing permission from the author. If permission
122-18 is secured from the author prior to the time the measure is filed
122-19 with the chief clerk, the primary author and the coauthor shall
122-20 sign the appropriate form, which shall be included with the measure
122-21 when it is filed with the chief clerk. If a member wishes to
122-22 become the coauthor of a measure after it has been filed, no
122-23 action shall be required by the house, but it shall be the duty of
122-24 the member seeking to be a coauthor to obtain written authorization
122-25 on the appropriate form from the author. This authorization shall
122-26 be filed with the chief clerk before the coauthor signs the form
122-27 for the bill or resolution. The chief clerk shall report daily to
123-1 the journal clerk the names of members filed as coauthors of bills
123-2 or resolutions. If a coauthor of a bill or resolution desires to
123-3 withdraw from such status, the member shall notify the chief clerk,
123-4 who in turn shall notify the journal clerk.
123-5 (c) The primary author of a measure may designate up to four
123-6 joint authors by providing written authorization on the appropriate
123-7 form to the chief clerk. If a member designated as a joint author
123-8 has not already signed on the measure as a coauthor, that member
123-9 must also sign the form before the records will reflect the joint
123-10 author status of that member. The names of all joint authors shall
123-11 be shown immediately following the primary author's name on all
123-12 official printings of the measure, on all house calendars, in the
123-13 house journal, and in the electronic legislative information
123-14 system.
123-15 (d) The determination of the house sponsor of a senate
123-16 measure is made at the time the measure is reported from committee.
123-17 In the case of multiple requests for house sponsorship, the house
123-18 sponsor of a senate measure shall be determined by the chair of the
123-19 committee, in consultation with the senate author of the measure.
123-20 The chair of the committee must designate a primary sponsor and may
123-21 designate up to four joint sponsors or an unlimited number of
123-22 cosponsors. The names of all joint sponsors shall be shown
123-23 immediately following the primary sponsor's name on all official
123-24 printings of the measure, on all house calendars, in the house
123-25 journal, and in the electronic legislative information system.
123-26 Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
123-27 Each bill shall be filed with the chief clerk when introduced and
124-1 shall be numbered in its regular order. Each bill shall be read
124-2 first time by caption and referred by the speaker to the
124-3 appropriate committee with jurisdiction.
124-4 Sec. 7. PREFILING. Beginning the first Monday after the
124-5 general election preceding the next regular legislative session, or
124-6 within 30 days prior to any special session, it shall be in order
124-7 to file with the chief clerk bills and resolutions for introduction
124-8 in that session. On receipt of the bills or resolutions, the chief
124-9 clerk shall number them and make them a matter of public record,
124-10 available for distribution. Once a bill or resolution has been so
124-11 filed, it may not be recalled. This shall apply only to
124-12 members-elect of the succeeding legislative session.
124-13 Sec. 8. DEADLINE FOR INTRODUCTION. Bills and joint
124-14 resolutions introduced during the first 60 calendar days of the
124-15 regular session may be considered by the committees and in the
124-16 house and disposed of at any time during the session, in accordance
124-17 with the rules of the house. After the first 60 calendar days of a
124-18 regular session, any bill or joint resolution, except local bills,
124-19 emergency appropriations, and all emergency matters submitted by
124-20 the governor in special messages to the legislature, shall require
124-21 an affirmative vote of four-fifths of those members present and
124-22 voting to be introduced.
124-23 Sec. 9. NUMBER OF COPIES FILED. (a) Thirteen copies of
124-24 every bill, except bills relating to conservation and reclamation
124-25 districts and governed by the provisions of Article XVI, Section
124-26 59, of the Texas Constitution, must be filed with the chief clerk
124-27 at the time that the bill is introduced.
125-1 (b) Fifteen copies of every bill relating to conservation
125-2 and reclamation districts and governed by the provisions of Article
125-3 XVI, Section 59, of the Texas Constitution, with copies of the
125-4 notice to introduce the bill attached, must be filed with the chief
125-5 clerk at the time that the bill is introduced if the bill is
125-6 intended to:
125-7 (1) create a particular conservation and reclamation
125-8 district; or
125-9 (2) amend the act of a particular conservation and
125-10 reclamation district to:
125-11 (A) add additional land to the district;
125-12 (B) alter the taxing authority of the district;
125-13 (C) alter the authority of the district with
125-14 respect to issuing bonds; or
125-15 (D) alter the qualifications or terms of office
125-16 of the members of the governing body of the district.
125-17 (c) No bill may be laid before the house on first reading
125-18 until it is in compliance with the provisions of this section.
125-19 Sec. 10. LOCAL BILLS. (a) Neither the house nor a
125-20 committee of the house may consider a local bill unless notice of
125-21 intention to apply for the passage of the bill was published as
125-22 provided by law and evidence of the publication was attached to the
125-23 bill on filing with the chief clerk.
125-24 (b) Neither the house nor a committee of the house may
125-25 consider a bill whose application is limited to one or more
125-26 political subdivisions by means of population brackets or other
125-27 artificial devices in lieu of identifying the political subdivision
126-1 or subdivisions by name. However, this subsection does not prevent
126-2 consideration of a bill that classifies political subdivisions
126-3 according to a minimum or maximum population or other criterion
126-4 that bears a reasonable relation to the purpose of the proposed
126-5 legislation or a bill that updates laws based on population
126-6 classifications to conform to a federal decennial census.
126-7 (c) Except as provided by Subsection (d) of this section,
126-8 "local bill" for purposes of this section means:
126-9 (1) a bill for which publication of notice is required
126-10 under Article XVI, Section 59, of the Texas Constitution (water
126-11 districts, etc.);
126-12 (2) a bill for which publication of notice is required
126-13 under Article IX, Section 9, of the Texas Constitution (hospital
126-14 districts);
126-15 (3) a bill relating to hunting, fishing, or
126-16 conservation of wildlife resources of a specified locality;
126-17 (4) a bill creating or affecting a county court or
126-18 statutory court or courts of one or more specified counties or
126-19 municipalities;
126-20 (5) a bill creating or affecting the juvenile board or
126-21 boards of a specified county or counties; or
126-22 (6) a bill creating or affecting a road utility
126-23 district under the authority of Article III, Section 52, of the
126-24 Texas Constitution.
126-25 (d) A bill is not considered to be a local bill under
126-26 Subsection (c)(3), (4), or (5) if it affects a sufficient number of
126-27 localities, counties, or municipalities so as to be of general
127-1 application or of statewide importance.
127-2 Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
127-3 considered unless it first has been referred to a committee and
127-4 reported from it.
127-5 (b) After a bill has been recommitted, it shall be
127-6 considered by the committee as a new subject.
127-7 Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
127-8 before the house shall be taken up and acted on in the order in
127-9 which they appear on their respective calendars, and each calendar
127-10 shall have the priority accorded to it by the provisions of Rule 6,
127-11 Sections 7 and 8.
127-12 Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
127-13 that is local as defined by Section 10(c) of this rule and that
127-14 appears on a local, consent, and resolutions calendar shall be
127-15 considered for any purpose after the 130th day of a regular
127-16 session, except to:
127-17 (1) act on senate amendments;
127-18 (2) adopt a conference committee report;
127-19 (3) reconsider the bill to make corrections; or
127-20 (4) pass the bill notwithstanding the objections of
127-21 the governor.
127-22 (b) No other house bill or joint resolution shall be
127-23 considered on its second reading after the 122nd day of a regular
127-24 session if it appears on a daily or supplemental daily house
127-25 calendar, or for any purpose after the 123rd day of a regular
127-26 session, except to:
127-27 (1) act on senate amendments;
128-1 (2) adopt a conference committee report;
128-2 (3) reconsider the bill or resolution to make
128-3 corrections; or
128-4 (4) pass the bill notwithstanding the objections of
128-5 the governor.
128-6 (c) No senate bill or joint resolution shall be considered
128-7 on its second reading after the 134th day of a regular session if
128-8 it appears on a daily or supplemental daily house calendar, or for
128-9 any purpose after the 135th day of a regular session, except to:
128-10 (1) adopt a conference committee report;
128-11 (2) reconsider the bill or resolution to remove house
128-12 amendments;
128-13 (3) reconsider the bill or resolution to make
128-14 corrections; or
128-15 (4) pass the bill notwithstanding the objections of
128-16 the governor.
128-17 (d) The speaker shall not lay any bill or joint resolution
128-18 before the house or permit a vote to be taken on its passage on the
128-19 136th and 137th days of a regular session, except to:
128-20 (1) act on senate amendments;
128-21 (2) adopt a conference committee report;
128-22 (3) reconsider the bill or resolution to remove house
128-23 amendments;
128-24 (4) reconsider the bill or resolution to make
128-25 corrections; or
128-26 (5) pass the bill notwithstanding the objections of
128-27 the governor.
129-1 (e) The speaker shall not lay any bill or joint resolution
129-2 before the house or permit a vote to be taken on its passage on the
129-3 138th and 139th days of a regular session, except to:
129-4 (1) adopt a conference committee report;
129-5 (2) reconsider the bill or resolution to remove house
129-6 amendments;
129-7 (3) discharge house conferees and concur in senate
129-8 amendments;
129-9 (4) reconsider the bill or resolution to make
129-10 corrections; or
129-11 (5) pass the bill notwithstanding the objections of
129-12 the governor.
129-13 (f) No vote shall be taken upon the passage of any bill or
129-14 resolution within 24 hours of the final adjournment of a regular
129-15 session unless it be to reconsider the bill or resolution to make
129-16 corrections, or to adopt a corrective resolution.
129-17 Sec. 14. PRINTED COPIES REQUIRED PRIOR TO CONSIDERATION.
129-18 (a) A printed copy of each bill or resolution, except the general
129-19 appropriations bill, shall be placed in the newspaper mailbox of
129-20 each member at least 36 hours if convened in regular session and 24
129-21 hours if convened in special session before the bill can be
129-22 considered by the house on second reading. A printed copy of the
129-23 general appropriations bill shall be placed in the newspaper
129-24 mailbox of each member at least 168 hours during a regular session
129-25 and at least 72 hours during a special session before the bill can
129-26 be considered by the house on second reading.
129-27 (b) By majority vote, the house may order both the original
130-1 bill or resolution and the complete committee substitute to be
130-2 printed. It shall not be necessary for the house to order complete
130-3 committee substitutes printed in lieu of original bills.
130-4 (c) A two-thirds vote of the house is necessary to order
130-5 that bills, other than local bills, be not printed. It shall not
130-6 be necessary for the house to order that local bills be not
130-7 printed.
130-8 Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
130-9 have the force of law until it has been read on three several
130-10 legislative days in each house and free discussion allowed,
130-11 unless[, in case of imperative public necessity (which necessity
130-12 shall be stated in the preamble or in the body of the bill),] this
130-13 provision is suspended by a vote of four-fifths of the members
130-14 present and voting, a quorum being present. The yeas and nays
130-15 shall be taken on the question of suspension and entered in the
130-16 journal.
130-17 Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
130-18 consideration of any bill or resolution, the house may, by a
130-19 majority vote, order the bill or resolution to be considered
130-20 section by section, or department by department, until each section
130-21 or department has been given separate consideration. If such a
130-22 procedure is ordered, only amendments to the section or department
130-23 under consideration at that time shall be in order. However, after
130-24 each section or department has been considered separately, the
130-25 entire bill or resolution shall be open for amendment, subject to
130-26 the provisions of Rule 11, Section 8(b). Once the consideration of
130-27 a bill section by section or department by department has been
131-1 ordered, it shall not be in order to move the previous question on
131-2 the entire bill, to recommit it, to lay it on the table, or to
131-3 postpone it, until each section or department has been given
131-4 separate consideration or until the vote by which section by
131-5 section consideration was ordered is reconsidered.
131-6 (b) A motion to consider a bill section by section is
131-7 debatable within narrow limits; that is, the pros and cons of the
131-8 proposed consideration can be debated but not the merits of the
131-9 bill.
131-10 Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
131-11 bill or complete committee substitute for a bill has been taken up
131-12 and read, amendments shall be in order. If no amendment is made,
131-13 or if those proposed are disposed of, then the final question on
131-14 its second reading shall be, in the case of a house bill, whether
131-15 it shall be passed to engrossment, or, in the case of a senate
131-16 bill, whether it shall pass to its third reading. All bills
131-17 ordered passed to engrossment or passed to a third reading shall
131-18 remain on the calendar on which placed, but with future priority
131-19 over bills on the same calendar that have not passed second
131-20 reading.
131-21 Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
131-22 shall certify the final passage of each bill, noting on the bill
131-23 the date of its passage, and the vote by which it passed, if by a
131-24 yea and nay vote.
131-25 Sec. 19. RESOLUTION TO RECALL BILL FROM THE SENATE. A
131-26 resolution to recall a bill from the senate shall be in order if a
131-27 motion to reconsider the vote by which the bill finally passed has
132-1 been made and adopted within the time prescribed by the rules.
132-2 Sec. 20. EFFECTIVE DATE. Every law passed by the
132-3 legislature, except the General Appropriations Act, shall take
132-4 effect or go into force on the 91st day [90 days] after the
132-5 adjournment of the session at which it was enacted, unless the
132-6 legislature provides for an earlier effective date[. In case of an
132-7 emergency, which must be expressed in a preamble or in the body of
132-8 the act, the legislature may,] by a vote of two-thirds of all the
132-9 members elected to each house[, provide otherwise]. The vote shall
132-10 be taken by yeas and nays and entered in the journals.
132-11 Sec. 21. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
132-12 After a bill or resolution has been considered and defeated by
132-13 either house of the legislature, no bill or resolution containing
132-14 the same substance shall be passed into law during the same
132-15 session.
132-16 Sec. 22. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
132-17 In order to assure the continuation of financial support of
132-18 existing state services through the passage of the general
132-19 appropriations bill, it shall not be in order during the first 118
132-20 [120] days of the regular session for the speaker to lay before the
132-21 house, prior to the consideration, passage, and certification by
132-22 the comptroller of the general appropriations bill, any bill that
132-23 directly or indirectly prevents from being available for purposes
132-24 of funding state government generally any money that under existing
132-25 law would otherwise be available for that purpose, including a bill
132-26 that transfers or diverts money in the state treasury from the
132-27 general revenue fund to another fund.
133-1 (b) In order to assure compliance with the limitation on
133-2 appropriations of state tax revenue not dedicated by the
133-3 constitution as provided by Article VIII, Section 22, of the Texas
133-4 Constitution, it is not in order for the speaker to lay before the
133-5 house, prior to the time that the general appropriations bill has
133-6 been finally passed and sent to the comptroller, any bill that
133-7 appropriates funds from the state treasury that are not dedicated
133-8 by the constitution.
133-9 (c) When bills subject to the provisions of Subsection (a)
133-10 of this section become eligible for consideration, they shall be
133-11 considered for passage under the rules of the house and the joint
133-12 rules as any other bill but shall not be signed by the speaker as
133-13 required by the Constitution of Texas and the rules of the house
133-14 until the general appropriations bill has been signed by the
133-15 presiding officers of both houses of the legislature and
133-16 transmitted to the comptroller of public accounts for certification
133-17 as required by Article III, Section 49a, of the Constitution of
133-18 Texas.
133-19 (d) All bills subject to the provisions of Subsection (a) of
133-20 this section that have finally passed both houses shall be enrolled
133-21 as required by the rules and transmitted to the speaker. The
133-22 speaker shall note on each bill the date and hour of final
133-23 legislative action and shall withhold his or her signature and any
133-24 further action on all such bills until the general appropriations
133-25 bill has been signed by the presiding officers of both houses and
133-26 transmitted to the comptroller of public accounts for
133-27 certification. Immediately thereafter, the speaker shall sign in
134-1 the presence of the house all bills on which further action was
134-2 being withheld because the bills were subject to the provisions of
134-3 this section. After being signed by the speaker, the bills shall
134-4 then be transmitted to the comptroller of public accounts for
134-5 certification or to the governor, as the case may be, in the order
134-6 in which final legislative action was taken. "Final legislative
134-7 action," as that term is used in this subsection, shall mean the
134-8 last act of either house meeting in general session necessary to
134-9 place the bill in its final form preparatory to enrollment.
134-10 (e) Subsections (a)-(d) of this section shall not apply to
134-11 any bills providing for:
134-12 (1) the payment of expenses of the legislature;
134-13 (2) the payment of judgments against the state;
134-14 (3) any emergency matter when requested by the
134-15 governor in a formal message to the legislature; or
134-16 (4) the reduction of taxes.
134-17 (f) Unless within the authority of a resolution or
134-18 resolutions adopted pursuant to Article VIII, Section 22(b), of the
134-19 Texas Constitution, it is not in order for the house to consider
134-20 for final passage on third reading, on motion to concur in senate
134-21 amendments, or on motion to adopt a conference committee report, a
134-22 bill appropriating funds from the state treasury in an amount that,
134-23 when added to amounts previously appropriated by bills finally
134-24 passed and sent or due to be sent to the comptroller, would exceed
134-25 the limit on appropriations established under Chapter 316,
134-26 Government Code.
134-27 (g) The general appropriations bill shall be reported to the
135-1 house by the Committee on Appropriations not later than the 90th
135-2 calendar day of the regular session. Should the Committee on
135-3 Appropriations fail to report by the deadline, Subsections (a)-(d)
135-4 of this section shall be suspended for the balance of that regular
135-5 session.
135-6 RULE 9. JOINT RESOLUTIONS
135-7 Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
135-8 proposed amendment to the Texas Constitution shall take the form of
135-9 a joint resolution, which shall be subject to the rules that govern
135-10 the proceedings on bills, except as provided by this section.
135-11 (b) A joint resolution is not subject to the provisions of
135-12 Rule 8, Section 3, or Rule 11, Section 3.
135-13 (c) A joint resolution shall be adopted on any reading
135-14 after the first if it receives a two-thirds vote of the elected
135-15 membership of the house. If such a joint resolution receives only
135-16 a majority vote on second reading, it shall be passed to
135-17 engrossment, and subsequent proceedings shall be the same as those
135-18 governing the final passage of bills which have been passed to
135-19 engrossment. If such a joint resolution does not receive a
135-20 two-thirds vote of the elected membership of the house on third
135-21 reading and final passage, it shall fail of adoption.
135-22 Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
135-23 CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
135-24 proposed amendment to or application to Congress for a convention
135-25 to amend the Constitution of the United States shall take the form
135-26 of a joint resolution, which shall be subject to the rules that
135-27 govern the proceedings on bills, except that it shall be adopted on
136-1 second reading if it receives a majority vote of the members
136-2 present and voting, a quorum being present. If such a joint
136-3 resolution fails to receive a majority vote, it shall fail of
136-4 adoption and shall not be considered again unless revived by a
136-5 motion to reconsider as otherwise provided in the rules.
136-6 Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
136-7 resolutions on committee report shall be referred to the Committee
136-8 on Calendars for placement on an appropriate calendar. The
136-9 Committee on Calendars shall maintain a separate calendar for house
136-10 joint resolutions and a separate calendar for senate joint
136-11 resolutions. Senate joint resolutions shall be considered on
136-12 calendar Wednesdays and calendar Thursdays along with senate bills.
136-13 RULE 10. HOUSE RESOLUTIONS AND CONCURRENT
136-14 RESOLUTIONS
136-15 Sec. 1. FILING. Resolutions shall be introduced by the
136-16 filing of 13 identical copies with the chief clerk, who shall
136-17 number and record house resolutions in one series and concurrent
136-18 resolutions in a separate series.
136-19 Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
136-20 recording, all resolutions shall be sent to the speaker for
136-21 referral to the proper committee.
136-22 (b) Resolutions proposing the expenditure of money out of
136-23 the contingent expense fund of the legislature shall be referred to
136-24 the Committee on House Administration.
136-25 (c) All other resolutions shall be referred to the
136-26 appropriate committee with jurisdiction.
136-27 Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
137-1 on committee report, other than privileged resolutions, shall be
137-2 referred immediately to the appropriate calendars committee for
137-3 placement on the appropriate calendar.
137-4 Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
137-5 resolutions shall be considered by the house only at the time
137-6 assigned for their consideration on the calendar, in accordance
137-7 with the provisions of Rule 6, Section 7.
137-8 Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
137-9 take the same course as house resolutions, except that they shall
137-10 be sent to the governor for signing when finally passed by both
137-11 houses.
137-12 Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
137-13 office of mascot shall be named in and elected by a single house
137-14 resolution.
137-15 (b) Only children of house members who are under the age of
137-16 12 years shall be eligible for election to the honorary office of
137-17 mascot. A child once named a mascot shall not be eligible for the
137-18 honor a second time.
137-19 (c) No separate classification or special title shall be
137-20 given to any mascot, but all shall receive the same title of
137-21 honorary mascot of the house of representatives.
137-22 (d) The speaker shall issue a certificate showing the
137-23 election of each mascot and deliver it to the parent member of the
137-24 child.
137-25 Pictures of mascots shall appear on the panel picture of the
137-26 house.
137-27 Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED SESSIONS.
138-1 The subject matter of house resolutions and concurrent resolutions
138-2 does not have to be submitted by the governor in a called session
138-3 before they can be considered.
138-4 Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
138-5 Resolutions authorizing the enrolling clerk of the house or senate
138-6 to make technical corrections to a measure that has been finally
138-7 acted upon by both houses of the legislature shall be privileged in
138-8 nature and need not be referred to committee. Such resolutions
138-9 shall be eligible for consideration by the house upon introduction
138-10 in the house or receipt from the senate.
138-11 RULE 11. AMENDMENTS
138-12 Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
138-13 resolution, motion, or proposition is under consideration, a motion
138-14 to amend and a motion to amend that amendment shall be in order.
138-15 It shall also be in order to offer a further amendment by way of a
138-16 substitute. Such a substitute may not be amended. If the
138-17 substitute is adopted, the question shall then be on the amendment
138-18 as substituted, and under this condition an amendment is not in
138-19 order.
138-20 Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
138-21 AMENDMENTS. No motion or proposition on a subject different from
138-22 the subject under consideration shall be admitted as an amendment
138-23 or as a substitute for the motion or proposition under debate.
138-24 "Proposition" as used in this section shall include a bill,
138-25 resolution, joint resolution, or any other motion which is
138-26 amendable.
138-27 Amendments pertaining to the organization, powers,
139-1 regulation, and management of the agency, commission, or advisory
139-2 committee under consideration are germane to bills extending state
139-3 agencies, commissions, or advisory committees under the provisions
139-4 of the Texas Sunset Act (Chapter 325, Government Code).
139-5 An amendment to a committee substitute laid before the house
139-6 in lieu of an original bill is germane if each subject of the
139-7 amendment is a subject that is included in the committee substitute
139-8 or was included in the original bill.
139-9 Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
139-10 bill shall be amended in its passage through either house so as to
139-11 change its original purpose.
139-12 Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
139-13 CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
139-14 resolution shall not be in order during its consideration on a
139-15 local, consent, and resolutions calendar set by the Committee on
139-16 Local and Consent Calendars, unless the amendments have first been
139-17 submitted to and approved by the Committee on Local and Consent
139-18 Calendars, which shall be noted thereon by the chair of the
139-19 Committee on Local and Consent Calendars prior to the offering of
139-20 the amendments.
139-21 Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
139-22 taken up on its third reading, amendments shall be in order, but
139-23 shall require a two-thirds vote of the members present for their
139-24 adoption. A bill on third reading may be recommitted to a
139-25 committee and later reported to the house with amendments, in which
139-26 case the bill shall again take the course of a bill at its second
139-27 reading.
140-1 Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
140-2 amendment shall be filed with the speaker. When the amendment is
140-3 read, two copies shall go to the chief clerk, one copy to the
140-4 journal clerk, one copy to the reading clerk, and one copy to the
140-5 speaker. No amendment offered from the floor shall be in order
140-6 unless the sponsoring member has complied with the provisions of
140-7 this section with respect to copies of the amendment.
140-8 (b) Prior to the time that an amendment is offered, if the
140-9 amendment exceeds one page in length, the sponsoring member must
140-10 provide to the chief clerk a minimum of 15 copies to be available
140-11 for distribution to those members requesting copies of the
140-12 amendment.
140-13 (c) If the amendment is only one page in length or less, the
140-14 sponsoring member must provide one additional copy of the amendment
140-15 to the chief clerk, who shall immediately proceed to have
140-16 additional copies made and available for those members requesting
140-17 copies of the amendment.
140-18 (d) The provisions of this section with respect to extra
140-19 copies shall not apply to committee amendments or to amendments
140-20 which do nothing more than delete material from the bill or
140-21 resolution.
140-22 (e) The speaker shall not recognize a member to offer an
140-23 original amendment that exceeds one page in length and that is in
140-24 the form of a complete substitute for the bill or resolution laid
140-25 before the house, or in the opinion of the speaker is a substantial
140-26 substitute, unless 25 copies of the amendment have been provided to
140-27 the chief clerk and were available in the chief clerk's office at
141-1 least 12 hours prior to the time the calendar on which the bill or
141-2 resolution to be amended is eligible for consideration. The chief
141-3 clerk shall not be required to retain, for possible consideration
141-4 in the future, copies of an amendment to a measure that is
141-5 recommitted or returned to committee.
141-6 (f) An amendment may be typed, hand-printed, or handwritten,
141-7 but must be legible in order to be offered.
141-8 Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
141-9 motions to amend shall be offered in the following order:
141-10 (1) motions to amend by striking out the enacting
141-11 clause of a bill (or the resolving clause of a resolution), which
141-12 amendment cannot be amended or substituted;
141-13 (2) motions to amend an original bill, resolution,
141-14 motion, or proposition (other than substitute bills as provided for
141-15 in Subdivision (3) below), which shall have precedence as follows:
141-16 (A) original amendment;
141-17 (B) amendment to the amendment;
141-18 (C) substitute for the amendment to the
141-19 amendment.
141-20 Recognition for the offering of original amendments shall be
141-21 as follows: first, the main author; second, the member or members
141-22 offering the committee amendment; and third, members offering other
141-23 amendments from the floor;
141-24 (3) motions to amend an original bill by striking out
141-25 all after the enacting clause (substitute bills), which substitute
141-26 bills shall be subject to amendment as follows:
141-27 (A) amendment to the substitute bill;
142-1 (B) substitute for the amendment to the
142-2 substitute bill.
142-3 Recognition for offering such substitute bills shall be as
142-4 follows: first, the main author of the original bill, if the
142-5 member has not sought to perfect the bill by amendments as provided
142-6 for in Subdivision (2) above; second, the member or members
142-7 offering the committee amendment; and, third, members offering
142-8 amendments from the floor.
142-9 It shall be in order under the procedure described in this
142-10 subdivision to have as many as four complete measures pending
142-11 before the house at one time; that is, an original bill, an
142-12 amendment striking out all after the enacting clause of the bill
142-13 and inserting a new bill body, an amendment to the amendment
142-14 striking out all after the enacting clause of the bill and
142-15 inserting a new bill body, and a substitute for this amendment to
142-16 the amendment to the original bill which is also a new bill body.
142-17 These "substitute bills" shall be voted on in the reverse order of
142-18 their offering;
142-19 (4) motions to amend the caption of a bill or joint
142-20 resolution, which may also be offered in accordance with Section
142-21 9(a) of this rule.
142-22 Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
142-23 out and to insert new matter in lieu of that to be stricken out
142-24 shall be regarded as a substitute and shall be indivisible.
142-25 (b) Matter inserted or stricken out of an original bill by
142-26 way of amendment may not be taken out or reinserted at a later time
142-27 on the same reading except under the following conditions:
143-1 (1) reconsideration of the inserting or deleting
143-2 amendment;
143-3 (2) adoption of a "substitute bill" amendment;
143-4 (3) adoption of an amendment for a whole paragraph,
143-5 section or subdivision of a bill which so materially changes the
143-6 original text that the portion inserted or deleted is in fact of
143-7 minor importance.
143-8 Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
143-9 of a bill or resolution shall not be in order until all other
143-10 proposed amendments have been acted on and the house is ready to
143-11 vote on the passage of the measure, and it shall then be decided
143-12 without debate.
143-13 (b) If the previous question has been ordered on a bill or
143-14 joint resolution at any reading, an amendment to the caption of
143-15 that bill or joint resolution may be offered and voted on
143-16 immediately preceding the final vote on the bill or joint
143-17 resolution.
143-18 Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
143-19 amendments shall be admitted only when seconded by 25 members. The
143-20 motion may take either of two forms:
143-21 (1) to limit amendments to those pending before the
143-22 house; or
143-23 (2) to limit amendments to those pending on the
143-24 speaker's desk.
143-25 (b) The motion shall be put by the chair in this manner:
143-26 "The motion has been seconded. Three minutes pro and con debate
143-27 will be allowed on the motion to limit amendments." As soon as the
144-1 debate has ended, the chair shall continue: "As many as are in
144-2 favor of limiting amendments on (here state on which question or
144-3 questions) will say 'Aye,'" and then "As many as are opposed say
144-4 'Nay.'" As in all other propositions, a motion to limit amendments
144-5 shall be decided by a record vote if demanded by three members. If
144-6 ordered by a majority of the members voting, a quorum being
144-7 present, the motion shall have the effect of confining further
144-8 debate and consideration to those amendments included within the
144-9 motion, and thereafter the chair will accept no more amendments to
144-10 the proposition to which the motion is applied.
144-11 (c) The motion to limit amendments, if adopted, shall not in
144-12 any way cut off or limit debate or other parliamentary maneuvers on
144-13 the pending proposition or propositions or amendment or amendments
144-14 included within the motion. The sole function of the motion is to
144-15 prevent the chair from accepting further amendments to the
144-16 proposition to which the motion is applied.
144-17 (d) Except as otherwise provided, the motion to limit
144-18 amendments shall have no effect on the parliamentary situation to
144-19 which the motion is applied, and the matter to which the motion is
144-20 applied shall continue to be considered by the house in all other
144-21 respects as though the motion had not been made.
144-22 (e) The amendments that are included within the motion to
144-23 limit amendments shall each be subject to amendment, if otherwise
144-24 permitted under the rules.
144-25 Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
144-26 motion to limit amendments is not subject to a motion to table.
144-27 Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
145-1 is offered, followed by an amendment to that amendment, and then a
145-2 substitute for the amendment to the amendment, these questions
145-3 shall be voted on in the reverse order of their offering.
145-4 Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
145-5 amendment is adopted, such action shall be certified by the chief
145-6 clerk on the amendment, and the official copy of the amendment
145-7 shall then be securely attached to the bill or resolution which it
145-8 amends.
145-9 RULE 12. PRINTING
145-10 Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
145-11 Except as otherwise provided in this rule, all bills and joint
145-12 resolutions shall be printed and a copy provided to each member at
145-13 each of the following stages in the parliamentary progress of the
145-14 bill or joint resolution:
145-15 (1) at the time of the committee report on the bill or
145-16 joint resolution, which shall be known as "First Printing" and
145-17 which shall consist of:
145-18 (A) a complete text of the bill or joint
145-19 resolution as reported from committee;
145-20 (B) a complete copy of the bill analysis
145-21 prepared by the Office of House Bill Analysis, a complete copy of
145-22 the summary of committee action, and a complete copy of the witness
145-23 list;
145-24 (C) the text of the committee report;
145-25 (D) the record vote by which the measure was
145-26 reported from committee, including the vote of individual members;
145-27 (E) a copy of the latest fiscal note; and
146-1 (F) a copy of each impact statement received by
146-2 the committee;
146-3 (2) at the time the bill or joint resolution, if
146-4 amended, finally passes the senate, senate amendments and house
146-5 engrossment text will be printed, which shall be known as "Second
146-6 Printing"; and
146-7 (3) at the time the conference committee, if any,
146-8 makes its report on the bill or joint resolution, which shall be
146-9 known as "Third Printing."
146-10 (b) In any section of the first printing of a bill or joint
146-11 resolution that proposes to amend an existing statute or
146-12 constitutional provision, language sought to be deleted must be
146-13 bracketed and stricken through, and language sought to be added
146-14 must be underlined. This requirement does not apply to:
146-15 (1) an appropriations bill;
146-16 (2) a local bill;
146-17 (3) a game bill;
146-18 (4) a recodification bill;
146-19 (5) a redistricting bill;
146-20 (6) a section of a bill or joint resolution not
146-21 purporting to amend an existing statute or constitutional
146-22 provision;
146-23 (7) a section of a bill or joint resolution that
146-24 revises the entire text of an existing statute or constitutional
146-25 provision, to the extent that it would confuse rather than clarify
146-26 to show deletions and additions; and
146-27 (8) a section of a bill or joint resolution providing
147-1 for severability, nonseverability, emergency, or repeal of an
147-2 existing statute or constitutional provision.
147-3 (c) The speaker may overrule a point of order raised as to a
147-4 violation of Subsection (b) of this section if the violation is
147-5 typographical or minor and does not tend to deceive or mislead.
147-6 Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
147-7 after the first printing except when ordered printed by a majority
147-8 vote of the house.
147-9 Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
147-10 shall be printed only if the resolution:
147-11 (1) grants permission to sue the state;
147-12 (2) memorializes Congress to take or to refrain from
147-13 taking certain action;
147-14 (3) sets legislative policy or declares legislative
147-15 intent;
147-16 (4) makes corrective changes in any bill, joint
147-17 resolution, or conference committee report;
147-18 (5) establishes or interprets policy for a state
147-19 agency, department, or political subdivision;
147-20 (6) establishes, modifies, or changes internal
147-21 procedures or administration of the legislature or any component
147-22 part thereof;
147-23 (7) proposes an amendment to the Joint Rules of the
147-24 Senate and the House of Representatives; or
147-25 (8) is ordered printed by a majority vote of the
147-26 house.
147-27 Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
148-1 printed only if the resolution:
148-2 (1) proposes an amendment to the rules of the house;
148-3 (2) establishes, modifies, or changes the internal
148-4 procedures and administration of the house;
148-5 (3) establishes legislative policy or interprets
148-6 legislative intent; or
148-7 (4) is ordered printed by a majority of the house.
148-8 Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
148-9 REQUIREMENTS. Except for matter to be printed in the journal, all
148-10 requirements contained in the rules with respect to the printing of
148-11 bills, resolutions, reports, and other matters shall be considered
148-12 complied with if the material is adequately and properly reproduced
148-13 by any acceptable means of reproduction.
148-14 RULE 13. INTERACTIONS WITH THE GOVERNOR
148-15 AND SENATE
148-16 CHAPTER A. MESSAGES
148-17 Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
148-18 communications from the governor shall be received when announced,
148-19 and shall be read on the calendar day received.
148-20 Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
148-21 the senate shall be received when announced. Senate bills
148-22 announced as passed shall be read for the first time and referred
148-23 to the appropriate committee as soon as practicable.
148-24 (b) Messages from the senate announcing amendments to house
148-25 bills and resolutions, nonconcurrence in house amendments to senate
148-26 bills and resolutions, requests for conference committees, reports
148-27 of conference committees, and all other matters of disagreement,
149-1 amendments, and requests between the two houses, shall go to the
149-2 speaker's desk in their regular order, but may be called up for
149-3 action by the house at any time as a privileged matter, yielding
149-4 only to a motion to adjourn.
149-5 CHAPTER B. SENATE AMENDMENTS
149-6 Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
149-7 resolution, or other matter is returned to the house with senate
149-8 amendments, the house may:
149-9 (1) agree to the amendments; or
149-10 (2) disagree to all of the amendments and ask for a
149-11 conference committee; or
149-12 (3) agree to one or more of the amendments and
149-13 disagree as to the remainder and request a conference committee to
149-14 consider those in disagreement; or
149-15 (4) agree to one or more and disagree as to the
149-16 remainder; or
149-17 (5) disagree to all amendments.
149-18 Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
149-19 IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
149-20 amendments thereto must be adopted by a vote of two-thirds of the
149-21 elected membership of the house.
149-22 Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
149-23 to house bills and resolutions must be printed and copies provided
149-24 to the members at least 24 hours before any action can be taken
149-25 thereon by the house during a regular or special session.
149-26 (b) When a house bill or joint resolution, other than the
149-27 general appropriations bill, with senate amendments is returned to
150-1 the house, the chief clerk shall request the Legislative Budget
150-2 Board to prepare a fiscal note outlining the fiscal implications
150-3 and probable cost of the measure as impacted by the senate
150-4 amendments. A copy of the fiscal note shall be made available to
150-5 each member before any action can be taken on the senate amendments
150-6 by the house.
150-7 CHAPTER C. CONFERENCE COMMITTEES
150-8 Sec. 6. MEMBERSHIP AND OPERATION. In all conferences
150-9 between the senate and the house by committee, the number of
150-10 committee members from each house shall be five. All votes on
150-11 matters of difference shall be taken by each committee separately.
150-12 A majority of each committee shall be required to determine the
150-13 matter in dispute. Reports by conference committees must be signed
150-14 by a majority of each committee of the conference.
150-15 Sec. 7. MEETINGS. House conferees when meeting with senate
150-16 conferees to adjust differences shall meet in public and shall give
150-17 a reasonable amount of notice of the meeting in the place
150-18 designated for giving notice of meetings of house standing
150-19 committees. Any such meeting shall be open to the news media. Any
150-20 conference committee report adopted in private shall not be
150-21 considered by the house.
150-22 Sec. 8. INSTRUCTIONS. Instructions to a conference
150-23 committee shall be made after the conference is ordered and before
150-24 the conferees are appointed by the speaker, and not thereafter.
150-25 Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
150-26 committees shall limit their discussions and their actions solely
150-27 to the matters in disagreement between the two houses. A
151-1 conference committee shall have no authority with respect to any
151-2 bill or resolution:
151-3 (1) to change, alter, or amend text which is not in
151-4 disagreement;
151-5 (2) to omit text which is not in disagreement;
151-6 (3) to add text on any matter which is not in
151-7 disagreement;
151-8 (4) to add text on any matter which is not included in
151-9 either the house or senate version of the bill or resolution.
151-10 This rule shall be strictly construed by the presiding
151-11 officer in each house to achieve these purposes.
151-12 (b) Conference committees on appropriations bills, like
151-13 other conference committees, shall limit their discussions and
151-14 their actions solely to the matters in disagreement between the two
151-15 houses. In addition to the limitations contained elsewhere in the
151-16 rules, a conference committee on appropriations bills shall be
151-17 strictly limited in its authority as follows:
151-18 (1) If an item of appropriation appears in both house
151-19 and senate versions of the bill, the item must be included in the
151-20 conference committee report.
151-21 (2) If an item of appropriation appears in both house
151-22 and senate versions of the bill, and in identical amounts, no
151-23 change can be made in the item or the amount.
151-24 (3) If an item of appropriation appears in both house
151-25 and senate versions of the bill but in different amounts, no change
151-26 can be made in the item, but the amount shall be at the discretion
151-27 of the conference committee, provided that the amount shall not
152-1 exceed the larger version and shall not be less than the smaller
152-2 version.
152-3 (4) If an item of appropriation appears in one version
152-4 of the bill and not in the other, the item can be included or
152-5 omitted at the discretion of the conference committee. If the item
152-6 is included, the amount shall not exceed the sum specified in the
152-7 version containing the item.
152-8 (5) If an item of appropriation appears in neither the
152-9 house nor the senate version of the bill, the item must not be
152-10 included in the conference committee report. However, the
152-11 conference committee report may include appropriations for purposes
152-12 or programs authorized by bills that have been passed and sent to
152-13 the governor and may include contingent appropriations for purposes
152-14 or programs authorized by bills that have been passed by at least
152-15 one house.
152-16 This rule shall be strictly construed by the presiding
152-17 officer in each house to achieve these purposes.
152-18 (c) Conference committees on tax bills, like other
152-19 conference committees, shall limit their discussions and their
152-20 actions solely to the matters in disagreement between the two
152-21 houses. In addition to the limitations contained elsewhere in the
152-22 rules, a conference committee on a tax bill shall be strictly
152-23 limited in its authority as follows:
152-24 (1) If a tax item appears in both house and senate
152-25 versions of the bill, the item must be included in the conference
152-26 committee report.
152-27 (2) If a tax item appears in both house and senate
153-1 versions of the bill, and in identical form and with identical
153-2 rates, no change can be made in the item or the rate provided.
153-3 (3) If a tax item appears in both house and senate
153-4 versions of the bill but at differing rates, no change can be made
153-5 in the item, but the rate shall be at the discretion of the
153-6 conference committee, provided that the rate shall not exceed the
153-7 higher version and shall not be less than the lower version.
153-8 (4) If a tax item appears in one version of the bill
153-9 and not in the other, the item can be included or omitted at the
153-10 discretion of the conference committee. If the item is included,
153-11 the rate shall not exceed the rate specified in the version
153-12 containing the item.
153-13 (5) If a tax item appears in neither the house nor the
153-14 senate version of the bill, the item must not be included in the
153-15 conference committee report.
153-16 This rule shall be strictly construed by the presiding
153-17 officer in each house to achieve these purposes.
153-18 (d) Conference committees on reapportionment bills, to the
153-19 extent possible, shall limit their discussions and their actions to
153-20 the matters in disagreement between the two houses. Since the
153-21 adjustment of one district in a reapportionment bill will
153-22 inevitably affect other districts, the strict rule of construction
153-23 imposed on other conference committees must be relaxed somewhat
153-24 when reapportionment bills are involved. Accordingly, the
153-25 following authority and limitations shall apply only to conference
153-26 committees on reapportionment bills:
153-27 (1) If the matters in disagreement affect only certain
154-1 districts, and other districts are identical in both house and
154-2 senate versions of the bill, the conference committee shall make
154-3 adjustments only in those districts whose rearrangement is
154-4 essential to the effective resolving of the matters in
154-5 disagreement. All other districts shall remain unchanged.
154-6 (2) If the matters in disagreement permeate the entire
154-7 bill and affect most, if not all, of the districts, the conference
154-8 committee shall have wide discretion in rearranging the districts
154-9 to the extent necessary to resolve all differences between the two
154-10 houses.
154-11 (3) Insofar as the actual structure of the districts
154-12 is concerned, and only to that extent, the provisions of Subsection
154-13 (a) of this section shall not apply to conference committees on
154-14 reapportionment bills.
154-15 (e) Conference committees on recodification bills, like
154-16 other conference committees, shall limit their discussions and
154-17 their actions solely to the matters in disagreement between the two
154-18 houses. The comprehensive and complicated nature of recodification
154-19 bills makes necessary the relaxing of the strict rule of
154-20 construction imposed on other conference committees only to the
154-21 following extent:
154-22 (1) If it develops in conference committee that
154-23 material has been inadvertently included in both house and senate
154-24 versions which properly has no place in the recodification, that
154-25 material may be omitted from the conference committee report, if by
154-26 that omission the existing statute is not repealed, altered, or
154-27 amended.
155-1 (2) If it develops in conference committee that
155-2 material has been inadvertently omitted from both the house and
155-3 senate versions which properly should be included if the
155-4 recodification is to achieve its purpose of being all-inclusive of
155-5 the statutes being recodified, that material may be added to the
155-6 conference committee report, if by the addition the existing
155-7 statute is merely restated without substantive change in existing
155-8 law.
155-9 (f) Limitations imposed on certain conference committees by
155-10 the provisions of this section may be suspended in part by
155-11 permission of the house to allow consideration of and action on a
155-12 specific matter or matters which otherwise would be prohibited.
155-13 Permission shall be granted only by resolution passed by majority
155-14 vote of the house. All such resolutions shall be privileged in
155-15 nature and need not be referred to a committee. The introduction
155-16 of such a resolution shall be announced from the house floor and
155-17 the resolution shall be eligible for consideration by the house one
155-18 hour after a copy of the resolution has been distributed to each
155-19 member. The time at which the copies of such a resolution are
155-20 distributed to the members shall be time-stamped on the originals
155-21 of the resolution. The resolution shall specify in detail:
155-22 (1) the exact nature of the matter or matters proposed
155-23 to be considered;
155-24 (2) the specific limitation or limitations to be
155-25 suspended;
155-26 (3) the specific action contemplated by the conference
155-27 committee; and
156-1 (4) except for a resolution suspending the limitations
156-2 on the conferees for the general appropriations bill, the reasons
156-3 that suspension of the limitations is being requested.
156-4 In the application of this subsection to appropriations
156-5 bills, the resolution need not include changes in amounts resulting
156-6 from a proposed salary plan or changes in format that do not affect
156-7 the amount of an appropriation or the method of finance of an
156-8 appropriation, but shall include a general statement describing the
156-9 salary plan or format change. The resolution need not include
156-10 differences in language which do not affect the substance of the
156-11 bill.
156-12 Permission thus granted shall suspend the limitations only
156-13 for the matter or matters clearly specified in the resolution, and
156-14 the action of the conference committee shall be in conformity with
156-15 the resolution.
156-16 Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
156-17 conference committee reports must be printed and a copy furnished
156-18 to each member at least 24 hours before action can be taken on the
156-19 report by the house during a regular or special session.
156-20 (b) Three original copies of a conference committee report
156-21 shall be submitted to the chief clerk for printing. Each original
156-22 conference committee report shall contain the following:
156-23 (1) the signatures of the house conferees and senate
156-24 conferees who voted to adopt the conference committee report;
156-25 (2) the text of the bill or resolution as adopted by
156-26 the conference committee; and
156-27 (3) an analysis of the conference committee report as
157-1 required by Section 11 of this rule.
157-2 (c) Before action can be taken by the house on a conference
157-3 committee report on a bill or joint resolution, other than the
157-4 general appropriations bill, a fiscal note outlining the fiscal
157-5 implications and probable cost of the conference committee report
157-6 shall be submitted to the chief clerk, and a copy of the fiscal
157-7 note shall be made available to each member.
157-8 Sec. 11. ANALYSIS OF REPORTS. All reports of conference
157-9 committees shall include an analysis showing wherein the report
157-10 differs from the house and senate versions of the bill, resolution,
157-11 or other matter in disagreement. The analysis of appropriations
157-12 bills shall show in dollar amounts the differences between the
157-13 conference committee report and the house and senate versions. No
157-14 conference committee report shall be considered by the house unless
157-15 such an analysis has been prepared and distributed to each
157-16 member.
157-17 Sec. 12. CONSIDERATION OF REPORTS. A conference committee
157-18 report is not subject to amendment, but must be accepted or
157-19 rejected in its entirety. While a conference committee report is
157-20 pending, a motion to deal with individual amendments in
157-21 disagreement is not in order.
157-22 Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
157-23 committee report is not acceptable to the house for any reason, it
157-24 may be recommitted to the same committee with the request for
157-25 further consideration, and the house may or may not give any
157-26 specific instructions on the report to the conference committee; or
157-27 the house may request the appointment by the senate of a new
158-1 conference committee and then proceed to empower the speaker to
158-2 name new conferees for the house.
158-3 RULE 14. GENERAL PROVISIONS
158-4 Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
158-5 inexplicit on any question of order or parliamentary practice, the
158-6 Rules of the House of Representatives of the United States
158-7 Congress, and its practice as reflected in published precedents
158-8 [Hind's and Cannon's Precedents], and Mason's Manual of Legislative
158-9 Procedure shall be considered as authority.
158-10 Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
158-11 rules of the house shall be proposed by house resolutions which
158-12 shall be referred at once, without debate, to the Committee on
158-13 Rules and Resolutions for study and recommendation.
158-14 (b) A resolution proposing an amendment to the rules shall
158-15 not be considered by the house until a printed copy of the
158-16 resolution has been provided to each member of the house at least
158-17 48 hours before consideration.
158-18 (c) Amendments to the rules shall require a majority vote of
158-19 the house for adoption.
158-20 Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
158-21 the rules shall be in order at any time, except when motions to
158-22 adjourn or recess are pending, even when the house is operating
158-23 under the previous question. A motion to "suspend all rules" shall
158-24 be sufficient to suspend every rule under which the house is
158-25 operating for a particular purpose except the provisions of the
158-26 constitution, the statutes, and the joint rules of the two houses.
158-27 If the rules have been suspended on a main motion for a given
159-1 purpose, no other motion to suspend the rules on a main motion
159-2 shall be in order until the original purpose has been accomplished.
159-3 Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
159-4 shall not be in order to move to suspend the rules or the regular
159-5 order of business to take up a measure out of its regular order,
159-6 and the speaker shall not recognize anyone for either purpose,
159-7 unless the speaker has announced to the house in session that the
159-8 speaker would recognize a member for that purpose at least one hour
159-9 before the member is so recognized to make the motion. In making
159-10 the announcement to the house, the speaker shall advise the house
159-11 of the member's name and the bill number, and this information,
159-12 together with the time that the announcement was made, shall be
159-13 entered in the journal. This rule may be suspended only by
159-14 unanimous consent.
159-15 Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
159-16 of the house may be suspended by an affirmative vote of two-thirds
159-17 of the members present. However, if a rule contains a specific
159-18 provision showing the vote by which that rule may be suspended,
159-19 that vote shall be required for the suspension of the rule. The
159-20 specific provision may not be suspended under the provisions of
159-21 this section.
159-22 Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
159-23 measure taken up under suspension and not disposed of on the same
159-24 day shall go over as pending or unfinished business to the next day
159-25 that the house is in session, and shall be considered thereafter
159-26 from day to day (except the days used for the consideration of
159-27 senate bills) until disposed of.