By: Harris S.R. No. 30
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, That
the Rules of the Senate, 78th Legislature, be amended as follows:
1. Amend Rule 4.09 to read as follows:
PUNISHMENT FOR MISCONDUCT
Rule 4.09. The Senate may punish any member for
disorderly conduct and, with the consent of two-thirds of the
elected members, may expel a member, but not a second time for the
same offense. (Constitution, Article III, Section 11)
A member who is absent without sufficient excuse for more
than 72 hours under a call of the Senate under Rule 5.04 shall
lose all privileges of accrued seniority established by Senate
tradition. A member shall immediately lose the privileges of
accrued seniority if the member is absent without sufficient
excuse under a call of the Senate within seven calendar days of
final adjournment of a regular session of the Legislature or
under a call of the Senate during a special session of the
Legislature.
2. Amend Rule 5.03 to read as follows:
ABSENCES
Rule 5.03. The Senate determines that a member has a duty
under his or her oath or affirmation of office and an obligation
under the constitution and laws of this state to attend the
sessions of the Senate, and a [No] member shall not absent
himself or herself from the sessions of the Senate without leave
unless the member be sick or unable to attend.
3. Amend Rule 5.04 to read as follows:
CALL OF THE SENATE
Rule 5.04. It shall be in order to move a call of the
Senate at any time to secure, to maintain, or to secure and
maintain a quorum for the following purposes:
(1) for the consideration of a specific bill,
resolution, or other measure;
(2) for a definite period of time or for the
consideration of any particular class of bills.
When a call of the Senate is moved for one of the above
purposes and seconded by five members and ordered by a majority
of those present, the Doorkeeper shall close the main entrance to
the floor of the Senate. All other doors leading from the floor
of the Senate shall be locked and no member shall be permitted to
leave the Senate without written permission of the presiding
officer until after the subject matter upon which the call was
ordered has been disposed of. The Secretary shall call the roll
of members and note the absentees. Those for whom no sufficient
excuse is made, by order of the majority of those present, may be
sent for and arrested wherever they may be found and their
attendance secured and retained by the Sergeant-at-Arms or
officers appointed by the Sergeant for that purpose. The
President of the Senate shall request a writ of mandamus from the
Supreme Court of Texas compelling their return. Any service of
notice or process made or required in connection with the
mandamus or an order compelling the member's return adopted under
this rule may be served upon the member's Capitol office and
placed upon the member's desk by the Sergeant-at-Arms in lieu of
personal service. The Senate shall determine upon what
conditions they shall be discharged. Members who voluntarily
appear shall, unless the Senate otherwise directs, be
immediately admitted to the floor of the Senate, and they shall
report their names to the Secretary to be entered upon the
journal as present. Until a quorum appears, should the roll call
fail to show one present, no business shall be done except to
compel the attendance of absent members or to adjourn.
When a quorum is shown to be present, the Senate may
proceed with the matters upon which the call was ordered or may
enforce and await the attendance of as many of the absentees as it
desires to have present. If the Senate decides to proceed, the
Sergeant-at-Arms shall not be required to bring in other
absentees unless so ordered by a majority vote of the Senate.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on October 2, 2003, by
the following vote: Yeas 15,
Nays 13.
_______________________________
Secretary of the Senate