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  H.R. No. 35
 
 
 
R E S O L U T I O N
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, That, in accordance with Sections 9(b) and 11, Article III,
  Texas Constitution, the House of Representatives of the 80th
  Legislature shall elect a speaker of the house from its own
  membership as follows:
         SECTION 1.  VOTING PROCEDURES. (a) The chief clerk shall
  prepare paper ballots containing a space for a member to write in
  the member's choice for speaker. One ballot shall be prepared for
  each member and must contain the member's name and district number
  and a space for the member's signature. The house sergeant shall
  distribute each ballot to the appropriate member at the member's
  desk.
         (b)  The chief clerk shall designate a voting area and shall
  provide a voting box for the marked ballots. A member may mark and
  sign the member's ballot either at the member's desk or at the
  voting area.
         (c)  Each member shall be called individually by the reading
  clerk in order of the member's district number and the member shall
  proceed to the voting area when called. After arriving at the
  voting area, the member shall fold the marked and signed ballot and
  deposit it in the voting box.
         (d)  After all members have voted, the chief clerk shall
  count the ballots on the house floor. The secretary of state and
  the state auditor shall observe the count. A ballot may not be
  counted unless it bears the signature of the member for whom it was
  prepared. The chief clerk shall prepare a tally sheet indicating
  how each member voted, the total votes received by each nominee, and
  the total number of members who are present, not voting.
         (e)  All votes taken shall be record votes with the vote of
  each member entered in the House Journal.
         SECTION 2.  RUNOFF. (a) The secretary of state shall
  announce the results of the election. The chief clerk shall release
  a copy of the tally indicating how each member voted as soon as
  possible after the secretary of state announces the results.
         (b)  If a nominee receives a majority of the votes cast, the
  secretary of state shall declare that nominee to be elected to the
  office of speaker of the house of representatives. For purposes of
  determining a majority of the votes cast for speaker under this
  resolution, only a ballot indicating the name of a single nominee is
  considered a vote cast.
         (c)  If no nominee receives a majority of the votes cast, the
  two nominees receiving the largest number of votes in the initial
  vote shall be in a runoff conducted in accordance with the voting
  procedures for the initial vote. The secretary of state shall
  announce the results of the runoff and declare the nominee
  receiving a majority of the votes cast to be elected.
         SECTION 3.  TIE VOTES. (a) If in the initial vote no nominee
  receives a majority of the votes cast and it is not possible to
  determine the two nominees receiving the largest number of votes
  cast because of a tie vote, additional rounds of voting shall occur
  in the same manner as the initial vote among the same nominees,
  other than a nominee who withdraws, until a nominee receives a
  majority of the votes cast or, if no nominee receives a majority of
  the votes cast, until it is possible to determine the two nominees
  who receive the largest number of votes cast.
         (b)  If in a runoff between two nominees no nominee receives
  a majority of the votes cast because of a tie vote, additional
  rounds of runoff voting shall occur in the same manner as the
  initial runoff between the same two nominees until one of the
  nominees in the runoff receives a majority of the votes cast.
         SECTION 4.  OATH. After the election, the secretary of state
  shall direct the administration of the oath of office to the
  speaker-elect. The speaker shall take the chair immediately after
  taking the oath of office.
         SECTION 5.  BALLOT RETENTION. The chief clerk shall retain
  the paper ballots used in electing the speaker in a secure location.
 
  Hartnett
  Eiland
 
  ______________________________
  Speaker of the House     
 
         I certify that H.R. No. 35 was adopted by the House on January
  9, 2007, by the following vote:  Yeas 132, Nays 16, 0 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House