By:  Whitmire                                                     S.R. No. 11 


SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, That the Rules of the Senate of the 78th Legislature, as amended, are adopted as the Permanent Rules of the Senate of the 79th Legislature with the following modifications: 1. Amend Rule 5.14 to read as follows:
INTENT CALENDAR
Rule 5.14. (a) During a regular session of the Legislature, any member who desires to suspend the regular order of business and take up a bill, joint resolution, or resolution out of its regular order shall give notice of such intent to the Secretary of the Senate, in a manner specified by the Secretary, not later than 3:00 p.m. on the last preceding calendar day that the Senate was in session. Unless the printing rule has been previously suspended, no bill, joint resolution, or resolution shall be eligible to be placed on the Intent Calendar unless at the time that the notice is given to the Secretary of the Senate the bill, joint resolution, or resolution has been printed and furnished to each member of the Senate. Notice must be given from day to day. No member may give notice on more than three bills or resolutions prior to April 15 or on more than five bills or resolutions on or after April 15. (b) Before the 130th calendar day of the regular session, the [The] Senate may not suspend the regular order of business and take up a bill, joint resolution, or resolution until the second day the bill, joint resolution, or resolution has been posted on the Intent Calendar. (c) [(b)] The Secretary shall prepare a list of all legislation for which notice has been given. The list must be made available to each member of the Senate and to the press no later than 6:30 p.m. on the day the notice is filed. (d) [(c)] No provision of this rule may be suspended except by vote of four-fifths of the members present. 2. Amend Rule 6.15 to read as follows:
CALLS FOR YEAS AND NAYS REQUIRED
Rule 6.15. (a) Upon the final passage of all amendments proposed to the Constitution, all bills appropriating money or lands for any purpose, all bills containing an immediate effect clause, all motions to suspend the constitutional three-day rule, and all questions requiring a vote of two-thirds of the members elected, the presiding officer shall call for the yeas and nays, and they shall be entered in the journal. Upon all other questions requiring a vote of two-thirds of the members present, including a motion to suspend the rules, the presiding officer shall determine if there is objection and, if so, call for the yeas and nays, but they shall not be entered into the journal unless required under Subsection (b) of this rule. If no objection is made, the journal entry shall reflect a unanimous consent vote of the members present without necessity of a roll call of yeas and nays. (b) At the desire of any three members present, the yeas and nays shall be entered on the journal, and the names of the members present and not voting shall be recorded immediately after those voting in the affirmative and negative, and such members shall be counted in determining the presence of a quorum. (Constitution, Article III, Section 12) (c)(1) Any nonprocedural motion adopted by voice vote, without objection, or with unanimous consent shall be reflected in the journal by showing members present as "yea", unless a member registers otherwise with the Secretary of the Senate. (2) The following statement shall be entered in the journal after each vote taken as provided in Subdivision (1) of this subsection: "All members are deemed to have voted 'Yea' except as follows: Nays: PNV: Absent-Excused: Absent:" (d) A member must be on the floor of the Senate or in an adjacent room or hallway on the same level as the Senate floor or gallery in order to vote; but a member who is out of the Senate when a record vote is taken and who wishes to be recorded shall be permitted to do so provided: (1) the member was out of the Senate temporarily, having been recorded earlier as present; (2) the vote is submitted to the Secretary of the Senate prior to adjournment or recess to another calendar day; and (3) the recording of the member's vote does not change the result as announced by the chair. (e) [(d)] Once begun, a roll call may not be interrupted for any reason. 3. Amend Senate Rule 7.21 to read as follows:
HOUSE AMENDMENTS TO SENATE BILLS
Rule 7.21. If a Senate bill is returned with House amendments, all House amendments must be printed and a copy furnished to each member at least 48 [24] hours prior to a motion to concur prior to the last 72 hours of a regular session, and 24 hours prior to a motion to concur during a called session or the last 72 hours of a regular session. _______________________________ President of the Senate I hereby certify that the above Resolution was adopted by the Senate on January 13, 2005, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate