By: Harris S.R. No. 30
(In the Senate - Filed September 18, 2003; September 19, 2003,
read first time and referred to Committee on Administration;
September 23, 2003, reported favorably, as amended, by the
following vote: Yeas 4, Nays 3; September 23, 2003, sent to
printer.)
COMMITTEE AMENDMENT NO. 1 By: Wentworth
Amend S.R. No. 30 in Section 3 of the resolution (amended Rule
5.04, page 2), after the added language, by adding the following:
A member shall be fined $1,000 payable to the Texas Senate for
each day or part of a day that the member is absent. The fine shall
be automatically deducted daily, first from the member's per diem
allowance and the balance deducted from the member's Texas Senate
payroll account.
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.
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