BILL ANALYSIS

 

 

                                                                                                                                      C.S.H.J.R. 19

                                                                                                                                          By: Branch

                                                                                                                                       State Affairs

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Texas has made significant strides toward open and transparent state government.  This constitutional amendment attempts to go further.  C.S.H.J.R. 19 will make sure that every member is held to account for his or her vote on final passage of legislation with statewide impact.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.J.R. 19 amends Article III of the Texas Constitution to require that each house of the legislature keep and publish a journal of its proceedings.  The resolution provides that either house must take a record vote on final passage of a bill, a resolution proposing or ratifying a constitutional amendment, or another resolution that is not purely ceremonial or honorary in nature.  Either house is authorized to provide by rule exceptions to a record vote for a bill applying to only one district or political subdivision.  The resolution provides that a vote on final passage includes a vote on third reading in a house, on second reading if the house suspends the requirement for three readings, on whether to concur in the other house's amendments, and on whether to adopt a conference committee report.

 

The resolution requires that the yeas and nays of the members of either house on any other question be entered on the journals at the desire of any three members present.  The resolution requires each record vote required to be available to the public for a reasonable time either through the Internet or a successor electronic communications system by reference to the subject and number of the bill or resolution.

 

EFFECTIVE DATE

 

This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

C.S.H.J.R. 19 modifies the original resolution by expanding the record vote requirement to include votes on a bill, a resolution proposing or ratifying a constitutional amendment, or another resolution that is not purely ceremonial or honorary in nature.  The substitute differs from the original resolution by requiring that record votes on bills and resolutions be accessible on the Internet or a successor electronic communications system by reference to the subject and number.