2003S1848-2 09/16/03


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.  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 
Lieutenant Governor 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.