Bill Text: TX HR4 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Adopting the rules of the House for the 86th Legislature.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-01-09 - Reported enrolled [HR4 Detail]

Download: Texas-2019-HR4-Enrolled.html

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H.R. No. 4

R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, That the following are adopted as the permanent rules of the
House of Representatives of the 86th [85th] Legislature:
RULES OF
THE HOUSE OF REPRESENTATIVES
OF THE TEXAS LEGISLATURE
TABLE OF CONTENTS
RULE
1. DUTIES AND RIGHTS OF THE SPEAKER 2
2. OFFICERS AND EMPLOYEES 11
3. STANDING COMMITTEES 24
4. ORGANIZATION, POWERS, AND DUTIES OF
COMMITTEES 59
5. FLOOR PROCEDURE 94
6. ORDER OF BUSINESS AND CALENDARS 116
7. MOTIONS 136
8. BILLS 152
9. JOINT RESOLUTIONS 168
10. HOUSE RESOLUTIONS AND CONCURRENT
RESOLUTIONS 170
11. AMENDMENTS 173
12. PRINTING 182
13. INTERACTIONS WITH THE GOVERNOR
AND SENATE 186
14. GENERAL PROVISIONS 199
15. APPROPRIATE WORKPLACE CONDUCT 202
STATEMENT OF AUTHORIZATION AND PRECEDENCE
Pursuant to and under the authority of Section 11, Article
III, Texas Constitution, and notwithstanding any provision of
statute, the House of Representatives adopts the following rules to
govern its operations and procedures. The provisions of these
rules shall be deemed the only requirements binding on the House of
Representatives under Section 11, Article III, Texas Constitution,
notwithstanding any other requirements expressed in statute.
RULE 1. DUTIES AND RIGHTS OF THE SPEAKER
CHAPTER A. DUTIES AS PRESIDING OFFICER
Sec. 1. ENFORCEMENT OF THE RULES. The speaker shall
enforce, apply, and interpret the rules of the house in all
deliberations of the house and shall enforce the legislative rules
prescribed by the statutes and the Constitution of Texas.
Sec. 2. CALL TO ORDER. The speaker shall take the chair on
each calendar day precisely at the hour to which the house adjourned
or recessed at its last sitting and shall immediately call the
members to order.
Sec. 3. LAYING BUSINESS BEFORE THE HOUSE. The speaker
shall lay before the house its business in the order indicated by
the rules and shall receive propositions made by members and put
them to the house.
Sec. 4. REFERRAL OF PROPOSED LEGISLATION TO COMMITTEE. All
proposed legislation shall be referred by the speaker to an
appropriate standing or select committee with jurisdiction,
subject to correction by a majority vote of the house. A bill or
resolution may not be referred simultaneously to more than one
committee.
Sec. 5. PRESERVATION OF ORDER AND DECORUM. The speaker
shall preserve order and decorum. In case of disturbance or
disorderly conduct in the galleries or in the lobby, the speaker may
order that these areas be cleared. No signs, placards, or other
objects of similar nature shall be permitted in the rooms, lobby,
gallery, and hall of the house. The speaker shall see that the
members of the house conduct themselves in a civil manner in
accordance with accepted standards of parliamentary conduct and
may, when necessary, order the sergeant-at-arms to clear the aisles
and seat the members of the house so that business may be conducted
in an orderly manner.
Sec. 6. RECOGNITION OF GALLERY VISITORS. On written
request of a member, the speaker may recognize persons in the
gallery. The speaker shall afford that recognition at a convenient
place in the order of business, considering the need for order and
decorum and the need for continuity of debate. The request must be
made on a form prescribed by the Committee on House Administration.
The speaker may recognize, at a time he or she considers appropriate
during floor proceedings, the person serving as physician of the
day.
Sec. 7. STATING AND VOTING ON QUESTIONS. The speaker shall
rise to put a question but may state it sitting. The question shall
be put substantially in this form: "The question occurs on
______" (here state the question or proposition under
consideration). "All in favor say 'Aye,'" and after the affirmative
vote is expressed, "All opposed say 'No.'" If the speaker is in
doubt as to the result, or if a division is called for, the house
shall divide: those voting in the affirmative on the question
shall register "Aye" on the voting machine, and those voting in the
negative on the question shall register "No." The decision of the
house on the question shall be printed in the journal and shall
include the yeas and nays if a record of the yeas and nays is ordered
in accordance with the rules.
Sec. 8. VOTING RIGHTS OF THE PRESIDING OFFICER. The
speaker shall have the same right as other members to vote. If the
speaker, or a member temporarily presiding, has not voted, he or she
may cast the deciding vote at the time such opportunity becomes
official, whether to make or break a tie. If a verification of the
vote is called for and granted, the decision of the speaker, or a
member temporarily presiding, to cast the deciding vote need not be
made until the verification has been completed. In case of error in
a vote, if the correction leaves decisive effect to the vote of the
speaker, or a member temporarily presiding, the deciding vote may
be cast even though the result has been announced.
Sec. 9. QUESTIONS OF ORDER. (a) The speaker shall decide
on all questions of order; however, such decisions are subject to an
appeal to the house made by any 10 members. Pending an appeal, the
speaker shall call a member to the chair, who shall not have the
authority to entertain or decide any other matter or proposition
until the appeal has first been determined by the house. The
question on appeal is, "Shall the chair be sustained?"
(b) No member shall speak more than once on an appeal unless
given leave by a majority of the house. No motion shall be in order,
pending an appeal, except a motion to adjourn, a motion to lay on
the table, a motion for the previous question, or a motion for a
call of the house. Responses to parliamentary inquiries and
decisions of recognition made by the chair may not be appealed,
except as provided by Rule 5, Section 24.
(c) Further consideration of the matter or proposition that
is the subject of a question of order is prohibited until the
speaker decides the question of order and any appeal of that
decision has been determined by the house. Consideration of any
other matter or proposition is also prohibited while a question of
order is pending, unless the question of order is temporarily
withdrawn and the matter or proposition that is the subject of the
question of order is postponed. Withdrawal of the question of order
does not prevent any member from raising that question of order when
the matter or proposition is again before the house.
(d) A point of order raised as to a violation of a section of
the rules governing committee reports, committee minutes, or
accompanying documentation may be overruled if the purpose of that
section of the rules has been substantially fulfilled and the
violation does not deceive or mislead.
(e) When a question of order is pending before the house,
only the member who raised the question of order, and one other
member designated by that member, and the primary proponent of the
matter or proposition to which the question of order applies, and
one other member designated by the proponent, may present arguments
to the speaker or parliamentarian regarding the question of order.
This subsection does not limit any remarks that a member may make
before the full house if the member is recognized for that purpose.
Sec. 10. APPOINTMENT OF SPEAKER PRO TEMPORE AND TEMPORARY
CHAIR. The speaker shall have the right to name any member to
perform the duties of the chair and may name a member to serve as
speaker pro tempore by delivering a written order to the chief clerk
and a copy to the journal clerk. A permanent speaker pro tempore
shall, in the absence or inability of the speaker, call the house to
order and perform all other duties of the chair in presiding over
the deliberations of the house and perform other duties and
exercise other responsibilities as may be assigned by the speaker.
If the house is not in session, and a permanent speaker pro tempore
has not been named, or if the speaker pro tempore is not available
or for any reason is not able to function, the speaker may deliver a
written order to the chief clerk, with a copy to the journal clerk,
naming the member who shall call the house to order and preside
during the speaker's absence. The speaker pro tempore shall serve
at the pleasure of the speaker.
Sec. 11. EMERGENCY ADJOURNMENT. In the event of an
emergency of such compelling nature that the speaker must adjourn
the house without fixing a date and hour of reconvening, the speaker
shall have authority to determine the date and hour of reconvening
and to notify the members of the house by any means the speaker
considers adequate. Should the speaker be disabled or otherwise
unable to exercise these emergency powers, the permanent speaker
pro tempore, if one has been named, shall have authority to act. If
there is no permanent speaker pro tempore, or if that officer is
unable to act, authority shall be exercised by the chair of the
Committee on State Affairs, who shall preside until the house can
proceed to the selection of a temporary presiding officer to
function until the speaker or the speaker pro tempore is again able
to exercise the duties and responsibilities of the office.
Sec. 12. POSTPONEMENT OF RECONVENING. When the house is
not in session, if the speaker determines that it would be a hazard
to the safety of the members, officers, employees, and others
attending the legislature to reconvene at the time determined by
the house at its last sitting, the speaker may clear the area of the
capitol under the control of the house and postpone the reconvening
of the house for a period of not more than 12 hours. On making that
determination, the speaker shall order the sergeant-at-arms to post
an assistant at each first floor entrance to the capitol and other
places and advise all persons entering of the determination and the
time set for the house to reconvene. The speaker shall also notify
the journal clerk and the news media of the action, and the action
shall be entered in the house journal.
Sec. 13. SIGNING BILLS AND RESOLUTIONS. All bills, joint
resolutions, and concurrent resolutions shall be signed by the
speaker in the presence of the house, as required by the
constitution; and all writs, warrants, and subpoenas issued by
order of the house shall be signed by the speaker and attested by
the chief clerk, or the person acting as chief clerk.
CHAPTER B. ADMINISTRATIVE DUTIES
Sec. 14. CONTROL OVER HALL OF THE HOUSE. The speaker shall
have general control, except as otherwise provided by law, of the
hall of the house, its lobbies, galleries, corridors, and passages,
and other rooms in those parts of the capitol assigned to the use of
the house; except that the hall of the house shall not be used for
any meeting other than legislative meetings during any regular or
special session of the legislature unless specifically authorized
by resolution.
Sec. 15. STANDING COMMITTEE APPOINTMENTS. (a) The
speaker shall designate the chair and vice-chair of each standing
substantive committee and shall also appoint membership of the
committee, subject to the provisions of Rule 4, Section 2.
(b) If members of equal seniority request the same
committee, the speaker shall decide which among them shall be
assigned to that committee.
(c) In announcing the membership of the standing
substantive committees, the speaker shall designate which are
appointees and which acquire membership by seniority.
(d) The speaker shall appoint the chair and vice-chair of
each standing procedural committee and the remaining membership of
the committee.
(e) If a new speaker is elected to fill a vacancy in the
office after the appointment of standing committees, the new
speaker may not alter the composition of any standing committee
before the end of the session, except that the new speaker may:
(1) vacate the new speaker's membership on any
committee;
(2) make committee appointments for the member who was
removed as speaker;
(3) designate a different member of a standing
committee as committee chair; and
(4) fill vacancies that occur on a committee.
Sec. 16. APPOINTMENT OF SELECT AND CONFERENCE
COMMITTEES. (a) The speaker shall appoint all conference
committees. The speaker shall name the chair of each conference
committee, and may also name the vice-chair thereof.
(b) The speaker may at any time by proclamation create a
select committee. The speaker shall name the chair and vice-chair
thereof. A select committee has the jurisdiction, authority, and
duties and exists for the period of time specified in the
proclamation. A select committee has the powers granted by these
rules to a standing committee except as limited by the
proclamation. A copy of each proclamation creating a select
committee shall be filed with the chief clerk.
[(c) If a new speaker is elected to fill a vacancy in the
office after the appointment of standing committees, the new
speaker may not alter the composition of any standing committee
before the end of the session, except that the new speaker may:
[(1) vacate the new speaker's membership on any
committee;
[(2) make committee appointments for the member who
was removed as speaker;
[(3) designate a different member of a standing
committee as committee chair; and
[(4) fill vacancies that occur on a committee.]
Sec. 17. INTERIM STUDIES. When the legislature is not in
session, the speaker shall have the authority to direct committees
to make interim studies for such purposes as the speaker may
designate, and the committees shall meet as often as necessary to
transact effectively the business assigned to them. The speaker
shall provide to the chief clerk a copy of interim charges made to a
standing or select committee.
CHAPTER C. CAMPAIGNS FOR SPEAKER
Sec. 18. PLEDGES FOR SPEAKER PROHIBITED DURING REGULAR
SESSION. During a regular session of the legislature a member may
not solicit written pledges from other members for their support of
or promise to vote for any person for the office of speaker.
RULE 2. OFFICERS AND EMPLOYEES
CHAPTER A. DUTIES OF OFFICERS [EMPLOYEES] OF THE HOUSE
Sec. 1. CHIEF CLERK. (a) The chief clerk shall:
(1) be the custodian of all bills, resolutions, and
amendments;
(2) number in the order of their filing, with a
separate sequence for each category, all bills, joint resolutions,
concurrent resolutions, and house resolutions;
(3) provide for the keeping of a complete record of
introduction and action on all bills and resolutions, including the
number, author, brief description of the subject matter, committee
reference, and the time sequence of action taken on all bills and
resolutions to reflect at all times their status in the legislative
process;
(4) on the day of numbering a bill relating to a
conservation and reclamation district created under Article XVI,
Section 59, of the Texas Constitution, send two copies of the bill,
with two copies of the notice of intention to introduce the bill, to
the governor and notify the journal clerk of the action;
(5) receive the recommendations of the Texas
Commission on Environmental Quality on a bill forwarded to the
commission under Article XVI, Section 59, of the Texas
Constitution, attach them to the bill to which they apply, and
notify the journal clerk that the recommendations have been filed;
(6) forward to a committee chair in an electronic or
other format determined by the chief clerk a certified copy of each
legislative document referred to the committee, including all
official attachments to the document;
(7) have printed and distributed correct copies of all
legislative documents, as provided in the subchapter on printing,
and keep an exact record of the date and hour of transmittal to the
printer, return from the printer, and distribution of the document
to members of the house with that information time-stamped on the
originals of the document;
(8) certify the passage of bills and resolutions,
noting on them the date of passage and the vote by which passed,
including the yeas and nays if a record of the yeas and nays is
ordered;
(9) be responsible for engrossing all house bills and
resolutions that have passed second reading and those that have
passed third reading, and for enrolling all house bills and
resolutions that have passed both houses.
All engrossed and enrolled documents shall be prepared
without erasures, interlineations, or additions in the margin.
House concurrent resolutions passed without amendment
shall not be engrossed but shall be certified and forwarded
directly to the senate.
Engrossed riders may be used in lieu of full engrossment
on second reading passage;
(10) be authorized to amend the caption to conform to
the body of each house bill and joint resolution ordered engrossed
or enrolled;
(11) be responsible for noting on each house bill or
joint resolution, for certification by the speaker of the house,
the lieutenant governor, the chief clerk of the house, and the
secretary of the senate, the following information:
(A) date of final passage, and the vote on final
passage, including the yeas and nays if a record of the yeas and
nays is ordered. If the bill was amended in the senate, this fact
shall also be noted;
(B) date of concurrence by the house in senate
amendments, and the vote on concurrence, including the yeas and
nays if a record of the yeas and nays is ordered;
(C) date of adoption by each house of a
conference committee report and the vote on adoption, including the
yeas and nays if a record of the yeas and nays is ordered;
(D) that a bill containing an appropriation was
passed subject to the provisions of Article III, Section 49a, of the
Texas Constitution; and
(E) that a concurrent resolution was adopted by
both houses directing the correction of an enrolled bill, if
applicable;
(12) transmit over signature all messages from the
house to the senate, including typewritten copies of amendments to
senate bills;
(13) prepare copies of senate amendments to house
bills for the journal before the amendments and the bill or
resolution to which they relate are sent to the printer or to the
speaker;
(14) notify the speaker in writing that the senate did
not concur in house amendments to a bill or resolution and requests
a conference committee, and include in this notice the names of the
senate conferees;
(15) provide a certified copy of a house bill or
resolution which may be lost showing each parliamentary step taken
on the bill; and
(16) request fiscal notes on house bills and joint
resolutions with senate amendments and distribute fiscal notes on
house bills and joint resolutions with senate amendments and
conference committee reports as required by Rule 13, Sections 5 and
10.
(b) The chief clerk shall also:
(1) attest all writs, warrants and subpoenas issued by
order of the house;
(2) receive reports of select committees and forward
copies to the speaker and journal clerk;
(3) not later than 30 days after the close of each
session, acquire from each of the various clerks of the house,
except the journal clerk, all reports, records, bills, papers, and
other documents remaining in their possession and file them with
the Legislative Reference Library, unless otherwise provided by
law;
(4) receive and file all other documents required by
law or by the rules of the house;
(5) prepare a roster of members in order of seniority
showing the number of years of service of each member, as provided
in Rule 4, Section 2; and
(6) have posted the list of Items Eligible for
Consideration as required by the rules.
(c) The chief clerk shall also provide for the following to
be made available on the electronic legislative information system:
(1) all house calendars and lists of items eligible
for consideration and the time-stamp information for those
calendars and lists; and
(2) the time-stamp information for all official
printings of bills and resolutions.
(d) The chief clerk shall provide notice to a Capitol e-mail
address designated by each member when a new house calendar or list
of items eligible for consideration is posted on the electronic
legislative information system. If a member informs the chief
clerk that the member also desires to receive a paper copy of house
calendars or lists of items eligible for consideration, the chief
clerk shall place paper copies of those documents designated by the
member in the newspaper box of the member as soon as practicable
after the electronic copies are posted.
Sec. 2. JOURNAL CLERK. (a) The journal clerk shall:
(1) keep a journal of the proceedings of the house,
except when the house is acting as a committee of the whole, and
enter the following:
(A) the number, author, and caption of every bill
introduced;
(B) descriptions of all congratulatory and
memorial resolutions on committee report, motions, amendments,
questions of order and decisions on them, messages from the
governor, and messages from the senate;
(C) the summaries of congratulatory and memorial
resolutions, as printed on the congratulatory and memorial
calendar;
(D) the number of each bill, joint resolution,
and concurrent resolution signed in the presence of the house;
(E) a listing of reports made by standing
committees;
(F) reports of select committees, when ordered by
the house;
(G) every vote where a record of the yeas and nays
is ordered or registration of the house with a concise statement of
the action and the result;
(H) the names of all absentees, both excused and
not excused;
(I) senate amendments to house bills or
resolutions, when concurred in by the house;
(J) the date each bill is transmitted to the
governor;
(K) the date recommendations of the Texas
Commission on Environmental Quality on each bill subject to Article
XVI, Section 59, of the Texas Constitution, are filed with the chief
clerk;
(L) all pairs as a part of a vote where a record
of the yeas and nays is ordered;
(M) reasons for a vote;
(N) the vote of a member on any question where a
record of the yeas and nays has not been ordered;
(O) the statement of a member who was absent when
a vote was taken indicating how the member would have voted;
(P) official state documents, reports, and other
matters, when ordered by the house; and
(Q) the [parliamentarian's] written copy of the
speaker's [explanation on the final] ruling on a point of order,
which includes the citation of the authorities relied upon [any
house or congressional precedents used] in [determining] the
grounds for decision [ruling], as provided in Section 9(b-1) of
this rule [Rule 14, Section 8];
(2) prepare a daily journal for each calendar day that
the house is in session and distribute on the succeeding calendar
day or the earliest possible date copies to the members of the house
who have submitted requests to the journal clerk to receive a copy;
and
(3) prepare and have printed a permanent house journal
of regular and special sessions in accordance with the law and the
following provisions:
(A) When completed, no more than 300 copies shall
be bound and distributed as follows:
(i) one copy to each member of the house of
representatives who submitted a request to the journal clerk to
receive a copy;
(ii) one copy to each member of the senate
who submitted a request to the journal clerk to receive a copy; and
(iii) the remainder of the copies to be
distributed by the Committee on House Administration.
(B) The journal clerk shall not receive or
receipt for the permanent house journal until it has been correctly
published.
(b) The journal clerk shall lock the voting machine of each
member who is excused or who is otherwise known to be absent when
the house is in session until the member personally requests that
the machine be unlocked.
(c) The journal clerk shall determine and enter in the
journal the clock of record for the house and that clock may not be
delayed, set back, or otherwise tampered with to deviate from the
standard time, as provided by statute, for the place where the house
is meeting. The journal clerk shall enter in the journal the time
according to the clock of record when the house convenes, recesses,
and adjourns. A motion to suspend this rule must be decided by a
record vote.
Sec. 3. READING CLERKS. The reading clerks, under the
supervision of the speaker, shall:
(1) call the roll of the house in alphabetical order
when ordered to do so by the speaker; and
(2) read all bills, resolutions, motions, and other
matters required by the rules or directed by the speaker.
Sec. 4. SERGEANT-AT-ARMS. The sergeant-at-arms shall:
(1) under the direction of the speaker, have charge of
and maintain order in the hall of the house, its lobbies and
galleries, and all other rooms in the capitol assigned for the use
of the house of representatives;
(2) attend the house and the committee of the whole
during all meetings and maintain order under the direction of the
speaker or other presiding officer;
(3) execute the commands of the house and serve the
writs and processes issued by the authority of the house and
directed by the speaker;
(4) supervise assistants to the sergeant-at-arms who
shall aid in the performance of prescribed duties and have the same
authority, subject to the control of the speaker;
(5) clear the floor of the house of all persons not
entitled to the privileges of the floor at least 30 minutes prior to
the convening of each session of the house;
(6) bring in absent members when so directed under a
call of the house;
(7) not allow the distribution of any printed matter
in the hall of the house, other than newspapers that have been
published at least once a week for a period of one year, unless it
first has been authorized in writing by at least one member of the
house and the name of the member appears on the printed matter. The
sergeant-at-arms shall refuse to accept for distribution any
printed matter which does not bear the name of the member or members
authorizing the distribution;
(8) keep a copy of written authorization and a record
of the matter distributed in the permanent files of the house;
(9) enforce parking regulations applicable to areas of
the capitol complex under the control of the house and supervise
parking attendants;
(10) provide for issuance of an identification card to
each member and employee of the house; and
(11) supervise the doorkeeper.
Sec. 5. DOORKEEPER. The doorkeeper, under the supervision
of the sergeant-at-arms, shall:
(1) enforce strictly the rules of the house relating
to privileges of the floor and perform other duties as directed by
the speaker;
(2) close the main entrance and permit no member to
leave the house without written permission from the speaker when a
call of the house or a call of the committee of the whole is ordered,
take up permission cards as members leave the hall, and take up
permission cards of those who are admitted to the floor of the house
under the rules and practice of the house;
(3) obtain recognition from the speaker and announce a
messenger from the governor or the senate on arrival at the bar of
the house; and
(4) obtain recognition from the speaker and announce
the arrival of the governor or the senate on arrival at the bar of
the house for official proceedings in the house.
Sec. 6. CHAPLAIN. The chaplain shall open the first
session on each calendar day with a prayer and shall perform such
other duties as directed by the Committee on House Administration.
Sec. 7. VOTING CLERK. The voting clerk, under the
supervision of the speaker, shall:
(1) open and close the voting machine on registrations
and record votes as ordered by the speaker;
(2) record votes from the floor as directed by the
speaker;
(3) prepare official copies of all record votes for
the journal; and
(4) make no additions, subtractions, or other changes
in any registration or record vote unless specifically granted
permission by the house or directed by the speaker prior to the
announcement of the final result.
Sec. 8. COMMITTEE COORDINATOR. (a) The committee
coordinator shall:
(1) under the direction of the Committee on House
Administration, prepare a schedule for regular meetings of all
standing committees as provided by Rule 4, Section 8(a);
(2) post committee meeting notices, as directed by the
chair of a committee, in accordance with Rule 4, Section 11(a);
(3) maintain duplicate originals of committee minutes
as required by Rule 4, Sections 18(c) and (d);
(4) direct the maintenance of sworn statements either
in electronic or paper format and, under the direction of the
Committee on House Administration, prescribe the form of those
statements, as required by Rule 4, Sections 20(a) and (c);
(5) receive and forward impact statements as required
by Rule 4, Section 34(e);
(6) receive committee reports as required by Rule 4,
Section 37, and refer them for printing as provided by Rule 6,
Section 19; and
(7) receive and distribute the recommendations and
final reports of interim study committees as provided by Rule 4,
Section 61.
(b) The committee coordinator may exclude from the
committee coordinator's office or refuse to interact with a member
or a member's staff if the member or member's staff engages in
abusive, harassing, or threatening behavior.
Sec. 9. PARLIAMENTARIAN. (a) The speaker may appoint not
more than two individuals to serve as parliamentarians. The
parliamentarians are officers [parliamentarian is an officer] of
the house who serve [serves] at the pleasure of the speaker. The
parliamentarians [parliamentarian] shall advise and assist the
presiding officer and the members of the house on matters of
procedure. The parliamentarians have [parliamentarian has] a duty
of confidentiality to the speaker and to each member of the house
and shall keep confidential all requests made by members of the
house for advice or guidance regarding procedure unless the parties
otherwise agree.
(b) After the initial appointment of the parliamentarians
[a parliamentarian] by the speaker, the appointment of a new
parliamentarian to fill a vacancy must be approved by a majority of
the membership of the house if the appointment is made during a
regular or special session. If the appointment to fill the vacancy
is made when the house is not in session, the appointment must be
approved by a majority of the membership not later than the third
day of the first special session that occurs after the date the
appointment is made. If no special session occurs after the
appointment, approval by the membership is not required.
(b-1) The speaker shall instruct the parliamentarians to
provide to each member a written copy of the speaker's ruling on a
point of order, including the citation of the authorities relied
upon in the grounds for decision. The written ruling shall be
provided to each member through the electronic legislative
information system not later than 24 hours after the ruling is
announced in the house.
(c) In the event of a conflict between this section and the
housekeeping resolution, this section controls.
CHAPTER B. OTHER EMPLOYEES
Sec. 10. LEGISLATIVE COUNCIL EMPLOYEES: CONFIDENTIALITY.
(a) Communications between an attorney employed by the Texas
Legislative Council and the speaker, another member of the house,
or an employee of a member or committee of the house are
confidential in accordance with the rules and laws concerning
attorney-client privilege.
(b) Communications between any employee of the Texas
Legislative Council and the speaker, another member of the house,
or an employee of a member or committee of the house are
confidential. The General Investigating [and Ethics] Committee of
the House may investigate an alleged violation of this subsection.
(c) This section does not prohibit the speaker, member, or
committee from waiving a privilege as otherwise permitted by law or
from waiving confidentiality under this section.
RULE 3. STANDING COMMITTEES
Sec. 1. AGRICULTURE AND LIVESTOCK. The committee shall
have nine [seven] members, with jurisdiction over all matters
pertaining to:
(1) agriculture, horticulture, and farm husbandry;
(2) livestock and stock raising, and the livestock
industry;
(3) the development and preservation of forests, and
the regulation, control, and promotion of the lumber industry;
(4) problems and issues particularly affecting rural
areas of the state, including issues related to rural economic
development and the provision of and access to infrastructure,
education, and health services; and
(5) the following state agencies: the Department of
Agriculture, the Texas Animal Health Commission, the State Soil and
Water Conservation Board, the Texas A&M Forest Service, the Texas
administrator for the South Central Interstate Forest Fire
Protection Compact, the Texas Apiary Inspection Service, Texas A&M
AgriLife Research, the Texas A&M AgriLife Extension Service, the
Food and Fibers Research Council, the State Seed and Plant Board,
the State Board of Veterinary Medical Examiners, the Texas A&M
Veterinary Medical Diagnostic Laboratory, the Produce Recovery
Fund Board, the board of directors of the Texas Boll Weevil
Eradication Foundation, Inc., and the Texas Wildlife Services.
Sec. 2. APPROPRIATIONS. (a) The committee shall have 27
members, with jurisdiction over:
(1) all bills and resolutions appropriating money from
the state treasury;
(2) all bills and resolutions containing provisions
resulting in automatic allocation of funds from the state treasury;
(3) all bills and resolutions diverting funds from
the state treasury or preventing funds from going in that otherwise
would be placed in the state treasury; and
(4) all matters pertaining to claims and accounts
filed with the legislature against the state unless jurisdiction
over those bills and resolutions is specifically granted by these
rules to some other standing committee.
(b) The appropriations committee may comment upon any bill
or resolution containing a provision resulting in an automatic
allocation of funds.
Sec. 3. BUSINESS AND INDUSTRY. The committee shall have
nine [seven] members, with jurisdiction over all matters pertaining
to:
(1) industry and manufacturing;
(2) industrial safety and adequate and safe working
conditions, and the regulation and control of those conditions;
(3) hours, wages, collective bargaining, and the
relationship between employers and employees;
(4) unemployment compensation, including coverage,
benefits, taxes, and eligibility;
(5) labor unions and their organization, control,
management, and administration;
(6) the regulation of business transactions and
transactions involving property interests;
(7) [(5)] the organization, incorporation,
management, and regulation of private corporations and
professional associations and the Uniform Commercial Code and the
Business Organizations Code;
(8) [(6)] the protection of consumers, governmental
regulations incident thereto, the agencies of government
authorized to regulate such activities, and the role of the
government in consumer protection;
(9) [(7)] privacy and identity theft;
(10) [(8)] homeowners' associations;
(11) [(9)] oversight and regulation of the
construction industry; and
(12) [(10)] the following state agencies: the State
Office of Risk Management, the Risk Management Board, the Division
of Workers' Compensation of the Texas Department of Insurance, the
Workers' compensation research and evaluation group in the Texas
Department of Insurance, the Office of Injured Employee Counsel,
including the ombudsman program of that office, and the Texas
Mutual Insurance Company Board of Directors.
Sec. 4. CALENDARS (PROCEDURAL). The committee shall have
11 [15] members, with jurisdiction over:
(1) the placement of bills and resolutions on
appropriate calendars, except those within the jurisdiction of the
Committee on [Rules and] Resolutions Calendars;
(2) the determination of priorities and proposal of
rules for floor consideration of such bills and resolutions; and
(3) all other matters concerning the calendar system
and the expediting of the business of the house as may be assigned
by the speaker.
Sec. 5. CORRECTIONS. The committee shall have nine [seven]
members, with jurisdiction over all matters pertaining to:
(1) the incarceration and rehabilitation of convicted
felons;
(2) the establishment and maintenance of programs that
provide alternatives to incarceration; and
(3) the following state agencies: the Texas
Department of Criminal Justice, the Special Prosecution Unit, the
Board of Pardons and Paroles, the Texas Civil Commitment Office,
and the Texas Correctional Office on Offenders with Medical or
Mental Impairments.
Sec. 6. COUNTY AFFAIRS. The committee shall have nine
members, with jurisdiction over all matters pertaining to:
(1) counties, including their organization, creation,
boundaries, government, and finance and the compensation and duties
of their officers and employees;
(2) establishing districts for the election of
governing bodies of counties;
(3) regional councils of governments;
(4) multicounty boards or commissions;
(5) relationships or contracts between counties;
(6) other units of local government; and
(7) the following state agency: the Commission on
Jail Standards.
Sec. 7. CRIMINAL JURISPRUDENCE. The committee shall have
nine [seven] members, with jurisdiction over all matters pertaining
to:
(1) criminal law, prohibitions, standards, and
penalties;
(2) probation and parole;
(3) criminal procedure in the courts of Texas;
(4) revision or amendment of the Penal Code; and
(5) the following state agencies: the Office of State
Prosecuting Attorney and the Texas State Council for Interstate
Adult Offender Supervision.
Sec. 8. CULTURE, RECREATION, AND TOURISM. The committee
shall have nine [seven] members, with jurisdiction over:
(1) the creation, operation, and control of state
parks, including the development, maintenance, and operation of
state parks in connection with the sales and use tax imposed on
sporting goods, but not including any matter within the
jurisdiction of the Committee on Appropriations;
(2) the regulation and control of the propagation and
preservation of wildlife and fish in the state;
(3) the development and regulation of the fish and
oyster industries of the state;
(4) hunting and fishing in the state, and the
regulation and control thereof, including the imposition of fees,
fines, and penalties relating to that regulation;
(5) the regulation of other recreational activities;
(6) cultural resources and their promotion,
development, and regulation;
(7) historical resources and their promotion,
development, and regulation;
(8) promotion and development of Texas' image and
heritage;
(9) preservation and protection of Texas' shrines,
monuments, and memorials;
(10) international and interstate tourist promotion
and development;
(11) the Texas Economic Development and Tourism Office
as it relates to the subject-matter jurisdiction of this committee;
(12) the Gulf States Marine Fisheries Compact; and
(13) the following state agencies: the Parks and
Wildlife Department, the Texas Commission on the Arts, the State
Cemetery Committee, the Texas State Library and Archives
Commission, the Texas Historical Commission, the State
Preservation Board, the San Jacinto Historical Advisory Board, and
an office of state government to the extent the office promotes the
Texas music industry.
Sec. 9. DEFENSE AND VETERANS' AFFAIRS. The committee shall
have nine [seven] members, with jurisdiction over all matters
pertaining to:
(1) the relations between the State of Texas and the
federal government involving defense, emergency preparedness, and
veterans issues;
(2) the various branches of the military service of
the United States;
(3) the realignment or closure of military bases;
(4) the defense of the state and nation, including
terrorism response;
(5) emergency preparedness;
(6) veterans of military and related services; and
(7) the following state agencies: the Texas Military
Department, the Texas Veterans Commission, the Veterans' Land
Board, the Texas Military Preparedness Commission, the Texas
Division of Emergency Management, and the Emergency Management
Council.
Sec. 10. [ECONOMIC AND SMALL BUSINESS DEVELOPMENT. (a) The
committee shall have nine members, with jurisdiction over all
matters pertaining to:
[(1) workforce training;
[(2) commerce, trade, and manufacturing;
[(3) economic and industrial development;
[(4) development and support of small businesses;
[(5) job creation and job-training programs;
[(6) hours, wages, collective bargaining, and the
relationship between employers and employees;
[(7) unemployment compensation, including coverage,
benefits, taxes, and eligibility;
[(8) labor unions and their organization, control,
management, and administration;
[(9) weights and measures; and
[(10) the following state agencies: the Texas Economic
Development and Tourism Office, the Texas Workforce Commission, and
the Texas Workforce Investment Council.
[(b) The chair of the committee shall appoint a permanent
subcommittee on small business development consisting of not fewer
than five members to consider all matters pertaining to:
[(1) the establishment, operation, and well-being of
small businesses and their employees in the state; and
[(2) identifying and addressing federal, state, and
local regulatory barriers or impediments to the establishment,
operation, and well-being of small businesses and their employees
in the state.
[Sec. 11.] ELECTIONS. The committee shall have nine
[seven] members, with jurisdiction over all matters pertaining to:
(1) the right of suffrage in Texas;
(2) primary, special, and general elections;
(3) revision, modification, amendment, or change of
the Election Code;
(4) the secretary of state in relation to elections;
(5) campaign finance; and
(6) [the duties and conduct of candidates for public
office and of persons with an interest in influencing public
policy; and
[(7)] the following state agency [agencies]: the
Office of the Secretary of State [and the Texas Ethics Commission].
Sec. 11 [12]. ENERGY RESOURCES. The committee shall have 11
[13] members, with jurisdiction over all matters pertaining to:
(1) the conservation of the energy resources of Texas;
(2) the production, regulation, transportation, and
development of oil, gas, and other energy resources;
(3) mining and the development of mineral deposits
within the state;
(4) the leasing and regulation of mineral rights under
public lands;
(5) pipelines, pipeline companies, and all others
operating as common carriers in the state;
(6) electric utility regulation as it relates to
energy production and consumption;
(7) identifying, developing, and using alternative
energy sources;
(8) increasing energy efficiency throughout the
state;
(9) the coordination of the state's efforts related to
the federal designation of threatened and endangered species as it
relates to energy resources in the state; and
(10) the following state agencies: the Railroad
Commission of Texas, the Texas representative for the Interstate
Oil and Gas Compact Commission, the Office of Interstate Mining
Compact Commissioner for Texas, the State Energy Conservation
Office, and the Office of Southern States Energy Board Member for
Texas.
Sec. 12 [13]. ENVIRONMENTAL REGULATION. The committee
shall have nine members, with jurisdiction over all matters
pertaining to:
(1) air, land, and water pollution, including the
environmental regulation of industrial development;
(2) the regulation of waste disposal;
(3) environmental matters that are regulated by the
Department of State Health Services or the Texas Commission on
Environmental Quality;
(4) oversight of the Texas Commission on Environmental
Quality as it relates to environmental regulation; and
(5) the following state agency: the Texas Low-Level
Radioactive Waste Disposal Compact Commission.
Sec. 13 [14]. GENERAL INVESTIGATING [AND ETHICS]
(PROCEDURAL). (a) The committee shall have five [seven] members of
the house appointed by the speaker. The speaker shall appoint the
chair and the vice-chair of the committee.
(b) The committee has all the powers and duties of a general
investigating committee and shall operate as the general
investigating committee of the house according to the procedures
prescribed by Subchapter B, Chapter 301, Government Code, and the
rules of the house, as applicable.
(b-1) The committee may begin work as soon as it desires
after its members are appointed. The committee shall meet,
organize, and adopt rules of evidence and procedure and any other
necessary rules. The committee rules may not conflict with Section
301.025, Government Code.
(b-2) Whether or not the legislature is in session, the
committee may meet at any time or place in the state determined
necessary by the committee.
(b-3) If the committee decides not to conduct joint hearings
as provided by Section 301.019, Government Code, the committee
shall establish a liaison to fully inform the chair of the senate
committee of the nature and progress of any inquiry by the other
committee.
(b-4) On a majority vote of the committee, the committee may
conduct joint hearings and investigations.
(b-5) The committee may:
(1) initiate or continue inquiries and hearings
concerning:
(A) state government;
(B) any agency or subdivision of government
within the state;
(C) the expenditure of public funds at any level
of government within the state; and
(D) any other matter the committee considers
necessary for the information of the legislature or for the welfare
and protection of state citizens; and
(2) inspect the records, documents, and files and may
examine the duties, responsibilities, and activities of each state
department, agency, and officer and of each municipality, county,
or other political subdivision of the state.
(b-6) If a person disobeys a subpoena or other process that
the committee lawfully issues, the committee may cite the person
for contempt and cause the person to be prosecuted for contempt
according to the procedure prescribed by Subchapter B, Chapter 301,
Government Code, or by other law.
(b-7) The committee shall make reports to members of the
legislature that the committee determines are necessary and
appropriate.
(b-8) Information held by the committee that if held by a
law enforcement agency or prosecutor would be excepted from the
requirements of Section 552.021, Government Code, under Section
552.108 of that code is confidential and not subject to public
disclosure.
(b-9) If for any reason it is necessary to obtain assistance
in addition to the services provided by the state auditor, attorney
general, Texas Legislative Council, or Department of Public Safety,
the committee may employ and compensate assistants to assist in any
investigation, audit, or legal matter.
(c) The committee may investigate a matter related to the
misconduct, malfeasance, misfeasance, abuse of office, or
incompetency of an individual or officer under Chapter 665,
Government Code. The committee has all the powers and duties
conferred by that chapter for the purpose of conducting the
investigation, including the authority to propose articles of
impeachment.
(d) The committee has original jurisdiction over the
receipt, processing, investigation, and resolution of complaints
related to appropriate workplace conduct under Rule 15, the
housekeeping resolution, and policies adopted by the Committee on
House Administration. If a complaint relates to the conduct of a
member of the committee, that member's employee, or an individual
related to the member or the member's employee within the third
degree by consanguinity or within the second degree by affinity as
determined under Chapter 573, Government Code:
(1) the member shall not participate in any committee
proceedings related to the complaint; and
(2) the speaker shall designate a member of the house
drawn by lot under Subsection (e) of this section to act in the
place of the disqualified member. The designation of a member under
this subsection ends when the committee makes its final disposition
of the complaint [The committee has jurisdiction over all matters
pertaining to the conduct of and ethical standards applicable to
state and local government officers and employees, including
individuals appointed to offices of the executive branch of state
government for the purpose of ensuring that an appointed officer is
acting in the best interests of the State of Texas].
(e) When a member of the committee is disqualified under
Subsection (d) of this section, the chief clerk shall prepare a list
of the currently qualified members of the house, omitting the names
of the speaker, the disqualified member, each other member of the
committee, and any member elected from the same county as the
disqualified member. The chief clerk shall write on a separate
piece of paper of uniform size and color the name of each member
that appears on the prepared list. The chief clerk shall deposit
the pieces of paper in an opaque container that is designed to
permit the random distribution of the pieces of paper after their
initial deposit and to prevent the viewing of any of the pieces of
paper at any time. After the pieces of paper are randomly
distributed in the container, the sergeant-at-arms shall draw a
single piece of paper and deliver that piece of paper to the chief
clerk. The chief clerk shall inform the speaker of the name drawn
by the sergeant-at-arms for designation under Subsection (d) [The
committee has jurisdiction over the operation of, including
transparency in the reporting of financial transactions by,
agencies of the judicial and executive branches of state government
and affiliated entities or foundations].
[Sec. 15. GOVERNMENT TRANSPARENCY AND OPERATION. The
committee shall have seven members, with jurisdiction over all
matters pertaining to:
[(1) the organization, operation, powers,
regulations, and management of state departments, agencies,
institutions, and advisory committees;
[(2) elimination of inefficiencies in the provision of
state services;
[(3) open government matters, including open records
and open meetings;
[(4) advances in science and technology, including
telecommunications, electronic technology, or automated data
processing, by state agencies, including institutions of higher
education;
[(5) the promotion within the state of an advance
described by Subdivision (4);
[(6) cooperation between the state or a local
governmental entity and the scientific and technological
community, including private businesses, institutions of higher
education, and federal governmental laboratories;
[(7) cybersecurity; and
[(8) the Sunset Advisory Commission.]
Sec. 14 [16]. HIGHER EDUCATION. [(a)] The committee shall
have 11 [nine] members, with jurisdiction over all matters
pertaining to:
(1) education beyond high school;
(2) the colleges and universities of the State of
Texas; and
(3) the following state agencies: the Texas A&M
Engineering Experiment Station, the Texas A&M Engineering
Extension Service, the Texas Higher Education Coordinating Board,
the Texas Guaranteed Student Loan Corporation, the Prepaid Higher
Education Tuition Board, and the Texas A&M Transportation
Institute.
[(b) The chair of the committee shall appoint a permanent
subcommittee on postsecondary education and workforce readiness
consisting of not fewer than five members to consider all matters
pertaining to the availability of postsecondary educational
opportunities in the state, including opportunities at:
[(1) public or private institutions of higher
education;
[(2) nonprofit colleges or universities; and
[(3) career schools or colleges, or any other
postsecondary educational providers in the state.]
Sec. 15 [17]. HOMELAND SECURITY AND PUBLIC SAFETY. The
committee shall have nine members, with jurisdiction over all
matters pertaining to:
(1) law enforcement;
(2) the prevention of crime and the apprehension of
criminals;
(3) the provision of security services by private
entities;
(4) homeland security, including:
(A) the defense of the state and nation,
including terrorism response; and
(B) disaster mitigation, preparedness, response,
and recovery; and
(5) the following state agencies: the Texas Commission
on Law Enforcement, the Department of Public Safety, the Texas
Division of Emergency Management, the Emergency Management
Council, the Texas Forensic Science Commission, the Texas Military
Preparedness Commission, the Texas Private Security Board, the
Commission on State Emergency Communications, and the Texas Crime
Stoppers Council.
Sec. 16 [18]. HOUSE ADMINISTRATION (PROCEDURAL). (a) The
committee shall have 11 members, with jurisdiction over:
(1) administrative operation of the house and its
employees;
(2) the adoption of policies and procedures for
appropriate workplace conduct under Rule 15 and the housekeeping
resolution, including policies and procedures relating to the
training of members, officers, and employees;
(3) the general house fund, with full control over all
expenditures from the fund;
(4) [(3)] all property, equipment, and supplies
obtained by the house for its use and the use of its members;
(5) [(4)] all office space available for the use of
the house and its members;
(6) [(5)] the assignment of vacant office space,
vacant parking spaces, and vacant desks on the house floor to
members with seniority based on cumulative years of service in the
house, except that the committee may make these assignments based
on physical disability of a member where it deems proper;
(7) [(6)] all admissions to the floor during sessions
of the house;
(8) [(7)] all proposals to invite nonmembers to appear
before or address the house or a joint session;
(9) [(8)] all radio, television, and Internet
broadcasting, live or recorded, of sessions of the house;
(10) [(9)] the electronic recording of the
proceedings of the house of representatives and the custody of the
recordings of testimony before house committees, with authority to
promulgate reasonable rules, regulations, and conditions
concerning the safekeeping, reproducing, and transcribing of the
recordings, and the defraying of costs for transcribing the
recordings, subject to other provisions of these rules;
(11) [(10)] all witnesses appearing before the house
or any committee thereof in support of or in opposition to any
pending legislative proposal;
(12) the Rules of Procedure of the House of
Representatives, Joint Rules of the House and Senate, and all
proposed amendments;
(13) other matters concerning the rules, procedures,
and operation of the house assigned by the speaker; and
(14) [(11)] the following state agency: the State
Preservation Board.
(b) The committee must vote to adopt the annual budget for
each house department.
Sec. 17 [19]. HUMAN SERVICES. The committee shall have nine
members, with jurisdiction over all matters pertaining to:
(1) welfare and rehabilitation programs and their
development, administration, and control;
(2) oversight of the Health and Human Services
Commission as it relates to the subject matter jurisdiction of this
committee;
(3) intellectual disabilities and the development of
programs incident thereto;
(4) the prevention and treatment of intellectual
disabilities; and
(5) the following state agencies: the [Department of
Aging and Disability Services, the] Department of Family and
Protective Services, the Texas State Board of Social Worker
Examiners, and the Texas State Board of Examiners of Professional
Counselors.
Sec. 18 [20]. INSURANCE. The committee shall have nine
members, with jurisdiction over all matters pertaining to:
(1) insurance and the insurance industry;
(2) all insurance companies and other organizations of
any type writing or issuing policies of insurance in the State of
Texas, including their organization, incorporation, management,
powers, and limitations; and
(3) the following state agencies: the Texas
Department of Insurance, the Texas Health Benefits Purchasing
Cooperative, and the Office of Public Insurance Counsel.
Sec. 19 [21]. INTERNATIONAL RELATIONS AND ECONOMIC
DEVELOPMENT [TRADE AND INTERGOVERNMENTAL AFFAIRS]. The committee
shall have nine [seven] members, with jurisdiction over all matters
pertaining to:
(1) the relations between the State of Texas and other
nations, including matters related to trade relations and
international trade zones;
(2) the relations between the State of Texas and the
federal government other than matters involving defense, emergency
preparedness, and veterans issues;
(3) the relations between the State of Texas and other
states of the United States;
(4) commerce, trade, and manufacturing, including
international commerce and trade and[, including] the regulation of
persons participating in international commerce and trade;
(5) cooperation between the state or a local
governmental entity and the scientific and technological
community, including private businesses, institutions of higher
education, and federal governmental laboratories;
(6) weights and measures;
(7) workforce training;
(8) economic and industrial development;
(9) development and support of small businesses;
(10) job creation and job-training programs;
(11) hours, wages, collective bargaining, and the
relationship between employers and employees;
(12) international and border regions (as described in
Sections 2056.002(e)(2) and (3), Government Code) economic
development, public health and safety issues affecting the border,
tourist development, and goodwill, and economic development,
tourist development, and goodwill in other areas of the state that
have experienced a significant increase in the percentage of the
population that consists of immigrants from other nations,
according to the last two federal decennial censuses or another
reliable measure;
(13) [(6)] the provision of public services to persons
residing in proximity to Texas' international border or in other
areas of the state that have experienced a significant increase in
the percentage of the population that consists of immigrants from
other nations, according to the last two federal decennial censuses
or another reliable measure; and
(14) [(7)] the following state agencies [agency]: the
Office of State-Federal Relations, the Texas Economic Development
and Tourism Office, the Texas Workforce Commission, and the Texas
Workforce Investment Council.
[Sec. 22. INVESTMENTS AND FINANCIAL SERVICES. (a) The
committee shall have seven members, with jurisdiction over all
matters pertaining to:
[(1) banking and the state banking system;
[(2) savings and loan associations;
[(3) credit unions;
[(4) the regulation of state and local bonded
indebtedness;
[(5) the lending of money;
[(6) the regulation of securities and investments;
[(7) privacy and identity theft; and
[(8) the following state agencies: the Finance
Commission of Texas, the Credit Union Commission, the Office of
Consumer Credit Commissioner, the Office of Banking Commissioner,
the Texas Department of Banking, the Department of Savings and
Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
Texas Public Finance Authority, the Bond Review Board, and the
State Securities Board.
[(b) The chair of the committee shall appoint a permanent
subcommittee on state and local bonded indebtedness consisting of
not fewer than five members to consider all matters pertaining to
bonded indebtedness by a state or local governmental entity,
including:
[(1) the authority to issue bonds and the effects of
issuing bonds;
[(2) the economic impact of bonded indebtedness; and
[(3) the transparency of, and information provided to
taxpayers regarding, transactions related to the issuance of
bonds.]
Sec. 20 [23]. JUDICIARY AND CIVIL JURISPRUDENCE. The
committee shall have nine members, with jurisdiction over all
matters pertaining to:
(1) fines and penalties arising under civil laws;
(2) civil law, including rights, duties, remedies, and
procedures thereunder, and including probate and guardianship
matters;
(3) civil procedure in the courts of Texas;
(4) administrative law and the adjudication of rights
by administrative agencies;
(5) permission to sue the state;
(6) uniform state laws;
(7) creating, changing, or otherwise affecting courts
of judicial districts of the state;
(8) establishing districts for the election of
judicial officers;
(9) [the State Commission on Judicial Conduct;
[(10) the Office of the Attorney General, including
its organization, powers, functions, and responsibilities;
[(11)] courts and court procedures except where
jurisdiction is specifically granted to some other standing
committee; and
(10) [(12)] the following state agencies: the Supreme
Court, the courts of appeals, the Court of Criminal Appeals, the
State Commission on Judicial Conduct, the Office of Court
Administration of the Texas Judicial System, the State Law Library,
the Texas Judicial Council, the Judicial Branch Certification
Commission, the Office of the Attorney General, the Board of Law
Examiners, the State Bar of Texas, and the State Office of
Administrative Hearings.
Sec. 21 [24]. JUVENILE JUSTICE AND FAMILY ISSUES. The
committee shall have nine [seven] members, with jurisdiction over
all matters pertaining to:
(1) the commitment and rehabilitation of youths;
(2) the construction, operation, and management of
correctional facilities of the state and facilities used for the
commitment and rehabilitation of youths;
(3) juvenile delinquency and gang violence;
(4) criminal law, prohibitions, standards, and
penalties as applied to juveniles;
(5) criminal procedure in the courts of Texas as it
relates to juveniles;
(6) civil law as it relates to familial relationships,
including rights, duties, remedies, and procedures; and
(7) the following state agencies: the Texas Juvenile
Justice Board, the Texas Juvenile Justice Department, the Office of
Independent Ombudsman for the Texas Juvenile Justice Department,
and the Advisory Council on Juvenile Services.
Sec. 22 [25]. LAND AND RESOURCE MANAGEMENT. The committee
shall have nine [seven] members, with jurisdiction over all matters
pertaining to:
(1) the management of public lands;
(2) the power of eminent domain;
(3) the creation, modification, and regulation of
municipal utility districts;
(4) annexation, zoning, and other governmental
regulation of land use; and
(5) [(4)] the following state agencies: the School
Land Board, the Board for Lease of University Lands, and the General
Land Office.
Sec. 23 [26]. LICENSING AND ADMINISTRATIVE PROCEDURES. The
committee shall have 11 [nine] members, with jurisdiction over all
matters pertaining to:
(1) the oversight of businesses, industries, general
trades, and occupations regulated by this state;
(2) the regulation of greyhound and horse racing and
other gaming industries;
(3) regulation of the sale of intoxicating beverages
and local option control;
(4) the Alcoholic Beverage Code; and
(5) the following state agencies: the Texas
Department of Licensing and Regulation, the State Office of
Administrative Hearings, the Texas Board of Architectural
Examiners, the Texas State Board of Public Accountancy, the Texas
Real Estate Commission, the Texas State Board of Plumbing
Examiners, the Texas Board of Professional Engineers, the Real
Estate Center at Texas A&M University, the Texas Board of
Professional Land Surveying, the Texas Racing Commission, the Texas
Appraiser Licensing and Certification Board, the Texas Lottery
Commission, and the Texas Alcoholic Beverage Commission.
Sec. 24 [27]. LOCAL AND CONSENT CALENDARS (PROCEDURAL).
The committee shall have 11 [13] members, with jurisdiction over:
(1) the placement on appropriate calendars of bills
and resolutions that, in the opinion of the committee, are in fact
local or will be uncontested, and have been recommended as such by
the standing committee of original jurisdiction; and
(2) the determination of priorities for floor
consideration of bills and resolutions except those within the
jurisdiction of the Committee on Calendars and the Committee on
Resolutions Calendars.
Sec. 25 [28]. NATURAL RESOURCES. [(a)] The committee
shall have 11 members, with jurisdiction over all matters
pertaining to:
(1) the conservation of the natural resources of
Texas;
(2) the control and development of land and water and
land and water resources, including the taking, storing, control,
and use of all water in the state, and its appropriation and
allocation;
(3) irrigation, irrigation companies, and irrigation
districts, and their incorporation, management, and powers;
(4) the creation, modification, and regulation of
groundwater conservation districts, [and the modification and
regulation of] water supply districts, water control and
improvement districts, conservation and reclamation districts, and
all similar organs of local government dealing with water and water
supply not otherwise assigned by these rules to another standing
committee;
(5) oversight of the Texas Commission on Environmental
Quality as it relates to the regulation of water resources; and
(6) the following state agencies: the Office of
Canadian River Compact Commissioner for Texas, the Office of Pecos
River Compact Commissioner for Texas, the Office of Red River
Compact Commissioner for Texas, the Office of Rio Grande Compact
Commissioner for Texas, the Office of Sabine River Compact
Commissioners [Commissioner] for Texas, the Southwestern States
Water Commission, and the Texas Water Development Board.
[(b) The chair of the committee shall appoint a permanent
subcommittee on special water districts consisting of not fewer
than five members to consider all matters pertaining to special
water districts within the jurisdiction of the committee,
including:
[(1) the organization and operation of the districts;
[(2) the powers and duties of the districts; and
[(3) the districts' role in the conservation of
natural resources and the control and development of land and water
in the state.]
Sec. 26 [29]. PENSIONS, INVESTMENTS, AND FINANCIAL
SERVICES. The committee shall have 11 [seven] members, with
jurisdiction over all matters pertaining to:
(1) banking and the state banking system;
(2) savings and loan associations;
(3) credit unions;
(4) the regulation of state and local bonded
indebtedness;
(5) the lending of money;
(6) benefits or participation in benefits of a public
retirement system and the financial obligations of a public
retirement system;
(7) the regulation of securities and investments;
(8) privacy and identity theft; and
(9) [(2)] the following state agencies: the Finance
Commission of Texas, the Credit Union Commission, the Office of
Consumer Credit Commissioner, the Office of Banking Commissioner,
the Texas Department of Banking, the Department of Savings and
Mortgage Lending, the Texas Treasury Safekeeping Trust Company, the
Texas Public Finance Authority, the Bond Review Board, the Texas
Emergency Services Retirement System, the Board of Trustees of the
Teacher Retirement System of Texas, the Board of Trustees of the
Employees Retirement System of Texas, the Board of Trustees of the
Texas County and District Retirement System, the Board of Trustees
of the Texas Municipal Retirement System, [and] the State Pension
Review Board, and the State Securities Board.
Sec. 27 [30]. PUBLIC EDUCATION. [(a)] The committee shall
have 13 [11] members, with jurisdiction over all matters pertaining
to:
(1) the public schools and the public school system of
Texas and the financing thereof;
(2) the state programming of elementary and secondary
education for the public school system of Texas;
(3) proposals to create, change, or otherwise alter
school districts of the state; and
(4) the following state agencies: the State Board of
Education, the Texas Education Agency, the Texas representatives to
the Education Commission of the States, the Office of Southern
Regional Education Compact Commissioner for Texas, the Texas School
for the Blind and Visually Impaired, the State Board for Educator
Certification, and the Texas School for the Deaf.
[(b) The chair of the committee shall appoint a permanent
subcommittee on educator quality consisting of not fewer than five
members to consider all matters pertaining to ensuring the high
quality of teachers in the state, including:
[(1) ways to improve the quality of the existing
teacher workforce and recruit well-qualified individuals into the
workforce; and
[(2) the adequacy of existing certification programs
for new teachers.]
Sec. 28 [31]. PUBLIC HEALTH. The committee shall have 11
members, with jurisdiction over all matters pertaining to:
(1) the protection of public health, including
supervision and control of the practice of medicine and dentistry
and other allied health services;
(2) mental health and the development of programs
incident thereto;
(3) the prevention and treatment of mental illness;
(4) oversight of the Health and Human Services
Commission as it relates to the subject matter jurisdiction of this
committee; and
(5) the following state agencies: the Department of
State Health Services, the Anatomical Board of the State of Texas,
the Texas Funeral Service Commission, the Hearing Instrument
Fitters and Dispensers Advisory Board, the Texas Health Services
Authority, the Texas Optometry Board, the Texas Radiation Advisory
Board, the Texas State Board of Pharmacy, the Interagency Obesity
Council, the Texas Board of Nursing, the Texas Board of
Chiropractic Examiners, the Texas Board of Physical Therapy
Examiners, the Massage Therapy Advisory Board, the [Texas State
Board of] Podiatric Medical Examiners Advisory Board, the Texas
State Board of Examiners of Psychologists, the Behavior Analyst
Advisory Board, the State Board of Dental Examiners, the Texas
Medical Board, the Advisory Board of Athletic Trainers, [the Dental
Hygiene Advisory Committee,] the Cancer Prevention and Research
Institute of Texas, the Texas State Board of Acupuncture Examiners,
the Health Professions Council, the Office of Patient Protection,
and the Texas Board of Occupational Therapy Examiners.
Sec. 29 [32]. REDISTRICTING (PROCEDURAL). The committee
shall have 15 [nine] members, with jurisdiction over all matters
pertaining to:
(1) legislative districts, both house and senate, and
any changes or amendments;
(2) congressional districts, their creation, and any
changes or amendments;
(3) establishing districts for the election of
judicial officers or of governing bodies or representatives of
political subdivisions or state agencies as required by law; and
(4) preparations for the redistricting process.
Sec. 30 [33]. [RULES AND] RESOLUTIONS CALENDARS
(PROCEDURAL). The committee shall have 11 members, with
jurisdiction over:
(1) the placement on appropriate calendars of
resolutions that, in the opinion of the committee, are in fact
congratulatory or memorial [Rules of Procedure of the House of
Representatives, and all proposed amendments];
(2) the determination of priorities for floor
consideration of resolutions except those within the jurisdiction
of the Committee on Calendars and the Committee on Local and Consent
Calendars [Joint Rules of the House and Senate, and all proposed
amendments];
(3) all procedures for expediting the business of the
house in expressing concern or commendation in an orderly and
efficient manner;
(4) all resolutions to congratulate, memorialize, or
name mascots of the house; and
(5) other matters concerning rules, procedures, and
operation of the house in expressing concern or commendation
assigned by the speaker.
[Sec. 34. SPECIAL PURPOSE DISTRICTS. (a) The committee
shall have seven members, with jurisdiction over all matters
pertaining to:
[(1) the creation of any special purpose district not
otherwise assigned by these rules to other standing committees,
including a crime control and prevention district, library
district, public improvement district, municipal management
district, municipal development district, irrigation district,
water improvement district, water control and improvement
district, river authority, or navigation district; and
[(2) any other local government special purpose
district authorized or created under law that as the result of its
creation may levy or impose a tax, assessment, or fee for a special
purpose.
[(b) In this section, "local government" means a political
subdivision of this state, other than a county, and includes a
corporation or other entity created by a political subdivision of
this state other than a county.]
Sec. 31 [35]. STATE AFFAIRS. The committee shall have 13
members, with jurisdiction over all matters pertaining to:
(1) questions and matters of state policy;
(2) the administration of state government;
(3) the organization, operation, powers, regulation,
and management of state departments, agencies, and institutions;
(4) the operation and regulation of public lands and
state buildings;
(5) the duties and conduct of officers and employees
of the state government;
(6) the duties and conduct of candidates for public
office and of persons with an interest in influencing public
policy;
(7) the operation of state government and its agencies
and departments; all of above except where jurisdiction is
specifically granted to some other standing committee;
(8) [(7)] access of the state agencies to scientific
and technological information;
(9) [(8)] the regulation and deregulation of electric
utilities and the electric industry;
(10) [(9)] the regulation and deregulation of
telecommunications utilities and the telecommunications industry;
(11) [(10)] electric utility regulation as it relates
to energy production and consumption;
(12) [(11)] pipelines, pipeline companies, and all
others operating as common carriers in the state;
(13) [(12)] the regulation and deregulation of other
industries jurisdiction of which is not specifically assigned to
another committee under these rules;
(14) advances in science and technology, including
telecommunications, electronic technology, or automated data
processing, by state agencies, including institutions of higher
education;
(15) the promotion within the state of an advance
described by Subdivision (14) of this section;
(16) cybersecurity; and
(17) [(13)] the following organizations and state
agencies: the Council of State Governments, the National
Conference of State Legislatures, the Office of the Governor, the
Texas Ethics Commission, the Texas Facilities Commission, the
Department of Information Resources, the Inaugural Endowment Fund
Committee, the Sunset Advisory Commission, the Public Utility
Commission of Texas, and the Office of Public Utility Counsel.
Sec. 32 [36]. TRANSPORTATION. [(a)] The committee shall
have 13 members, with jurisdiction over all matters pertaining to:
(1) commercial motor vehicles, both bus and truck, and
their control, regulation, licensing, and operation;
(2) the Texas highway system, including all roads,
bridges, and ferries constituting a part of the system;
(3) the licensing of private passenger vehicles to
operate on the roads and highways of the state;
(4) the regulation and control of traffic on the
public highways of the State of Texas;
(5) railroads, street railway lines, interurban
railway lines, steamship companies, and express companies;
(6) airports, air traffic, airlines, and other
organizations engaged in transportation by means of aerial flight;
(7) water transportation in the State of Texas, and
the rivers, harbors, and related facilities used in water
transportation and the agencies of government exercising
supervision and control thereover;
(8) the regulation of metropolitan transit; and
(9) the following state agencies: the Texas Department
of Motor Vehicles, the Texas Department of Transportation, and the
Texas Transportation Commission.
[(b) The chair of the committee shall appoint a permanent
subcommittee on long-term transportation infrastructure planning
consisting of not fewer than seven members to consider all matters
pertaining to the transportation needs of the state during the next
10 years and funding mechanisms to provide for meeting those
needs.]
Sec. 33 [37]. URBAN AFFAIRS. The committee shall have nine
[seven] members, with jurisdiction over all matters pertaining to:
(1) municipalities, including their creation,
organization, powers, government, and finance, and the
compensation and duties of their officers and employees;
(2) home-rule municipalities, their relationship to
the state, and their powers, authority, and limitations;
(3) the creation or change of metropolitan areas and
the form of government under which those areas operate;
(4) problems and issues particularly affecting
metropolitan areas of the state;
(5) other units of local government not otherwise
assigned by these rules to other standing committees;
(6) establishing districts for the election of
governing bodies of municipalities;
(7) land use regulation by municipalities; and
(8) the following state agencies: the Texas
Department of Housing and Community Affairs and the Texas
Commission on Fire Protection.
Sec. 34 [38]. WAYS AND MEANS. [(a)] The committee shall
have 11 members, with jurisdiction over:
(1) all bills and resolutions proposing to raise state
revenue;
(2) all bills or resolutions proposing to levy state
taxes or other fees;
(3) all proposals to modify, amend, or change any
existing state tax or revenue statute;
(4) all proposals to regulate the manner of collection
of state revenues and taxes;
(5) all bills and resolutions containing provisions
resulting in automatic allocation of funds from the state treasury;
(6) all bills and resolutions diverting funds from the
state treasury or preventing funds from going in that otherwise
would be placed in the state treasury;
(7) all bills and resolutions proposing to permit a
local government to raise revenue;
(8) all bills and resolutions proposing to permit a
local government to levy or impose property taxes, sales and use
taxes, or other taxes and fees;
(9) all proposals to modify, amend, or change any
existing local government tax or revenue statute;
(10) all proposals to regulate the manner of
collection of local government revenues and taxes;
(11) all bills and resolutions relating to the
appraisal of property for taxation;
(12) all bills and resolutions relating to the Tax
Code; and
(13) the following state agencies: the Office of
Multistate Tax Compact Commissioner for Texas and the Comptroller
of Public Accounts.
[(b) The chair of the committee shall appoint one or more
subcommittees consisting of not fewer than five members each, with
each subcommittee focusing on a specific method of taxation and all
matters pertaining to that method. One subcommittee must be
appointed to consider property taxation.]
RULE 4. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
CHAPTER A. ORGANIZATION
Sec. 1. COMMITTEES, MEMBERSHIP, AND JURISDICTION. Standing
committees of the house, and the number of members and general
jurisdiction of each, shall be as enumerated in Rule 3.
Sec. 2. DETERMINATION OF MEMBERSHIP. (a) Membership on
the standing committees shall be determined at the beginning of
each regular session in the following manner:
(1) For each standing substantive committee, a maximum
of one-half of the membership, exclusive of the chair and
vice-chair, shall be determined by seniority. The remaining
membership of the committee shall be appointed by the speaker.
(2) Each member of the house, in order of seniority,
may designate three committees on which he or she desires to serve,
listed in order of preference. The member is entitled to become a
member of the committee of his or her highest preference on which
there remains a vacant seniority position.
(3) If members of equal seniority request the same
committee, the speaker shall appoint the member from among those
requesting that committee. Seniority, as the term is used in this
subsection, shall mean years of cumulative service as a member of
the house of representatives.
(4) After each member of the house has selected one
committee on the basis of seniority, the remaining membership on
each standing committee shall be filled by appointment of the
speaker, subject to the limitations imposed in this chapter.
(5) Seniority shall not apply to a procedural
committee. For purposes of these rules, the procedural committees
are the Committee on Calendars, the Committee on Local and Consent
Calendars, the Committee on [Rules and] Resolutions Calendars, the
General Investigating [and Ethics] Committee, the Committee on
House Administration, and the Committee on Redistricting. The
entire membership of these committees shall be appointed by the
speaker.
(6) In announcing the membership of committees, the
speaker shall designate those appointed by the speaker and those
acquiring membership by seniority.
(7) The speaker shall designate the chair and
vice-chair from the total membership of the committee.
(b) In the event of a vacancy in a representative district
that has not been filled at the time of the determination of the
membership of standing committees, the representative of the
district who fills that vacancy shall not be entitled to select a
committee on the basis of seniority. Committee appointments on
behalf of that district shall be designated by the district number.
(c) In the event that a member-elect of the current
legislature has not taken the oath of office by the end of the ninth
day of the regular session, the representative of that district
shall not be entitled to select a committee on the basis of
seniority. If the member-elect has not taken the oath of office by
the time committee appointments are announced, committee
appointments on behalf of that district shall be designated by
district number.
Sec. 3. RANKING OF COMMITTEE MEMBERS. Except for the chair
and vice-chair, members of a standing committee shall rank
according to their seniority.
Sec. 4. MEMBERSHIP RESTRICTIONS. (a) No member shall serve
concurrently on more than two standing substantive committees.
(b) A member serving as chair of the Committee on
Appropriations or the Committee on State Affairs may not serve on
any other substantive committee.
Sec. 5. VACANCIES ON COMMITTEES. Should a vacancy occur on
a standing, select, or interim committee subsequent to its
organization, the speaker shall appoint an eligible member to fill
the vacancy.
Sec. 6. DUTIES OF THE CHAIR. The chair of each committee
shall:
(1) be responsible for the effective conduct of the
business of the committee;
(2) appoint all subcommittees and determine the number
of members to serve on each subcommittee;
(3) in consultation with members of the committee,
schedule the work of the committee and determine the order in which
the committee shall consider and act on bills, resolutions, and
other matters referred to the committee;
(4) have authority to employ and discharge the staff
and employees authorized for the committee and have supervision and
control over all the staff and employees;
(5) direct the preparation of all committee reports.
No committee report shall be official until signed by the chair of
the committee, or by the person acting as chair, or by a majority of
the membership of the committee;
(6) determine the necessity for public hearings,
schedule hearings, and be responsible for directing the posting of
notice of hearings as required by the rules;
(7) preside at all meetings of the committee and
control its deliberations and activities in accordance with
acceptable parliamentary procedure; and
(8) have authority to direct the sergeant-at-arms to
assist, where necessary, in enforcing the will of the committee.
Sec. 7. BILL ANALYSES. Except for the general
appropriations bill, for each bill or joint resolution referred to
the committee, the staff of the committee shall be responsible for
distributing a copy of a bill analysis to each member of the
committee and the author of a house measure at the earliest possible
opportunity but not later than the first time the measure is laid
out in a committee meeting.
CHAPTER B. PROCEDURE
Sec. 8. MEETINGS. (a) As soon as practicable after
standing committees are constituted and organized, the committee
coordinator, under the direction of the Committee on House
Administration, shall prepare a schedule for regular meetings of
all standing committees. This schedule shall be published in the
house journal and posted in a convenient and conspicuous place near
the entrance to the house and on other posting boards for committee
meeting notices, as determined necessary by the Committee on House
Administration. To the extent practicable during each regular
session, standing committees shall conduct regular committee
meetings in accordance with the schedule of meetings prepared by
the committee coordinator under the supervision of the Committee on
House Administration.
(b) Standing committees shall meet at other times as may be
determined by the committee, or as may be called by the chair.
Subcommittees of standing committees shall likewise meet at other
times as may be determined by the committee, or as may be called by
the chair of the committee or subcommittee.
(c) Committees shall also meet in such places and at such
times as the speaker may designate.
Sec. 9. MEETING WHILE HOUSE IN SESSION. No standing
committee or subcommittee shall meet during the time the house is in
session without permission being given by a majority vote of the
house. No standing committee or subcommittee shall conduct its
meeting on the floor of the house or in the house chamber while the
house is in session, but shall, if given permission to meet while
the house is in session, retire to a designated committee room for
the conduct of its meeting.
Sec. 10. PURPOSES FOR MEETING. A committee or a
subcommittee may be assembled for:
(1) a public hearing where testimony is to be heard,
and where official action may be taken, on bills, resolutions, or
other matters;
(2) a formal meeting where the committee may discuss
and take official action on bills, resolutions, or other matters
without testimony; and
(3) a work session where the committee may discuss
bills, resolutions, or other matters but take no formal action.
Sec. 11. POSTING NOTICE. (a) No committee or
subcommittee, including a calendars committee, shall assemble for
the purpose of a public hearing during a regular session unless
notice of the hearing has been posted in accordance with the rules
at least five calendar days in advance of the hearing. No committee
or subcommittee, including a calendars committee, shall assemble
for the purpose of a public hearing during a special session unless
notice of the hearing has been posted in accordance with the rules
at least 24 hours in advance of the hearing. The committee minutes
shall reflect the date of each posting of notice. Notice shall not
be required for a public hearing or a formal meeting on a senate
bill which is substantially the same as a house bill that has
previously been the subject of a duly posted public hearing by the
committee.
(b) No committee or subcommittee, including a calendars
committee, shall assemble for the purpose of a formal meeting or
work session during a regular or special session unless written
notice has been posted and transmitted to each member of the
committee two hours in advance of the meeting or an announcement has
been filed with the journal clerk and read by the reading clerk
while the house is in session.
(c) All committees meeting during the interim for the
purpose of a formal meeting, work session, or public hearing shall
post notice in accordance with the rules and notify members of the
committee at least five calendar days in advance of the meeting.
Sec. 12. MEETINGS OPEN TO THE PUBLIC. All meetings of a
committee or subcommittee, including a calendars committee, shall
be open to other members, the press, and the public unless
specifically provided otherwise by resolution adopted by the house.
However, the General Investigating [and Ethics] Committee or a
committee considering an impeachment, an address, the punishment of
a member of the house, or any other matter of a quasi-judicial
nature may meet in executive session for the limited purpose of
examining a witness or deliberating, considering, or debating a
decision, but no decision may be made or voted on except in a
meeting that is open to the public and otherwise in compliance with
the rules of the house.
Sec. 13. RULES GOVERNING OPERATIONS. (a) The Rules of
Procedure of the House of Representatives, and to the extent
applicable, the rules of evidence and procedure in the civil courts
of Texas, shall govern the hearings and operations of each
committee, including a calendars committee. Subject to the
foregoing, and to the extent necessary for orderly transaction of
business, each committee may promulgate and adopt additional rules
and procedures by which it will function.
(b) No standing committee, including a calendars committee,
or any subcommittee, shall adopt any rule of procedure, including
but not limited to an automatic subcommittee rule, which will have
the effect of thwarting the will of the majority of the committee or
subcommittee or denying the committee or subcommittee the right to
ultimately dispose of any pending matter by action of a majority of
the committee or subcommittee. A bill or resolution may not be laid
on the table subject to call in committee without a majority vote of
the committee.
Sec. 14. APPEALS FROM RULINGS OF THE CHAIR. Appeals from
rulings of the chair of a committee shall be in order if seconded by
three members of the committee, which may include the member making
the appeal. Procedure in committee following an appeal which has
been seconded shall be the same as the procedure followed in the
house in a similar situation.
Sec. 15. PREVIOUS QUESTION. Before the previous question
can be ordered in a committee, the motion therefor must be seconded
by not less than 4 members of a committee consisting of 21 or more
members, 3 members of a committee consisting of less than 21 members
and more than 10 members, or 2 members of a committee consisting of
10 members or less. If the motion is properly seconded and ordered
by a majority vote of the committee, further debate on the
proposition under consideration shall be terminated, and the
proposition shall be immediately put to a vote of the committee for
its action.
Sec. 16. QUORUM. A majority of a committee shall
constitute a quorum. No action or recommendation of a committee
shall be valid unless taken at a meeting of the committee with a
quorum actually present, and the committee minutes shall reflect
the names of those members of the committee who were actually
present. No committee report shall be made to the house nor shall
bills or resolutions be placed on a calendar unless ordered by a
majority of the membership of the committee, except as otherwise
provided in the rules, and a quorum of the committee must be present
when the vote is taken on reporting a bill or resolution, on placing
bills or resolutions on a calendar, or on taking any other formal
action within the authority of the committee. No committee report
shall be made nor shall bills or resolutions be placed on a calendar
except by record vote of the members of the committee, with the yeas
and nays to be recorded in the minutes of the committee. Proxies
cannot be used in committees.
Sec. 17. MOVING A CALL OF A COMMITTEE. (a) It shall be in
order to move a call of a committee at any time to secure and
maintain a quorum for any one or more of the following purposes:
(1) for the consideration of a specific bill,
resolution, or other matter;
(2) for a definite period of time; or
(3) for the consideration of any designated class of
bills or other matters.
(b) When a call of a committee is moved for one or more of
the foregoing purposes and seconded by two members, one of whom may
be the chair, and is ordered by a majority of the members present,
no member shall thereafter be permitted to leave the committee
meeting without written permission from the chair. After the call
is ordered, and in the absence of a quorum, the chair shall have the
authority to authorize the sergeant-at-arms to locate absent
members of the committee and to compel their attendance for the
duration of the call.
Sec. 18. MINUTES OF PROCEEDINGS. (a) For each committee,
including a calendars committee, the chair, or the member acting as
chair, shall keep complete minutes of the proceedings in committee,
which shall include:
(1) the time and place of each meeting of the
committee;
(2) a roll call to determine the members present at
each meeting of the committee, whether that meeting follows an
adjournment or a recess from a previous committee meeting;
(3) an accurate record of all votes taken, including a
listing of the yeas and nays cast on a record vote;
(4) the date of posting of notice of the meeting; and
(5) other information that the chair shall determine.
(b) The minutes for each public hearing of a committee shall
also include an attachment listing the names of the persons, other
than members of the legislature, and the persons or entities
represented by those persons, who were recognized by the chair to
address the committee. The attachment shall also list the name of
each person, other than a member of the legislature, who submitted
to the committee a sworn statement indicating that the person was
present in favor of, in opposition to, or without taking a position
on the measure or other matter, but who because of the person's
departure or other reason was not recognized by the chair to address
the committee; provided that the omission of the name of such a
person is not subject to a point [sustainable question] of order.
(c) Committee minutes shall be corrected only at the
direction of the chair as authorized by a majority vote of the
committee. Duplicate originals of committee minutes shall be
maintained, one to remain with the committee chair and the other to
be filed with the committee coordinator. The committee minutes of a
meeting of the Appropriations Committee on the general
appropriations bill must be filed with the committee coordinator
within five days of the committee meeting. All other committee
minutes must be filed with the committee coordinator within three
days of the committee meeting for a substantive committee, and
within one day of the committee meeting for a procedural committee.
If the date on which the committee minutes are due occurs on a
Saturday, Sunday, or holiday on which the house is not in session,
the committee minutes shall be filed on the following working day.
The time at which the minutes are filed shall be time-stamped on the
duplicate originals of the minutes that are filed with the
committee coordinator. The duplicate originals shall be available
at all reasonable business hours for inspection by members or the
public.
(d) The committee coordinator shall maintain the minutes
and records safe from loss, destruction, and alteration at all
times, and may, at any time, turn them, or any portion, over to the
Committee on House Administration.
Sec. 18A. INTERNET ACCESS TO COMMITTEE DOCUMENTS. (a) The
committee coordinator shall establish procedures for making
available to the public on the Internet documents relating to the
proceedings of substantive committees.
(b) A substantive committee shall make available to the
public on the Internet:
(1) any committee substitute or amendment laid before
the committee; and
(2) any nonconfidential written testimony submitted
by a state agency for consideration by the committee that relates to
a measure referred to the committee.
(c) A committee's failure to comply with this section is not
subject to a point of order.
Sec. 19. RECORDING OF TESTIMONY. All testimony before
committees and subcommittees shall be electronically recorded
under the direction of the Committee on House Administration.
Copies of the testimony may be released under guidelines
promulgated by the Committee on House Administration.
Sec. 19A. RECORDING OF APPROPRIATIONS MEETINGS. (a) The
Committee on House Administration shall ensure that an audio and
video recording of any public hearing, formal meeting, or work
session of the Committee on Appropriations or a subcommittee of the
Committee on Appropriations is made available to the public on the
Internet in a timely manner.
(b) To the extent that current technological capabilities
prohibit immediate implementation of this section, the Committee on
House Administration shall use the committee's best efforts to
conform to the requirements of this section as soon as practicable.
Sec. 20. SWORN STATEMENT OF WITNESSES. (a) The committee
coordinator, under the direction of the Committee on House
Administration, shall prescribe the form of a sworn statement,
which may be in electronic or paper format, to be executed by all
persons, other than members, who wish to be recognized by the chair
to address the committee. The statement shall provide for showing
at least:
(1) the committee or subcommittee;
(2) the name, address, and telephone number of the
person appearing;
(3) the person, firm, corporation, class, or group
represented;
(4) the type of business, profession, or occupation in
which the person is engaged, if the person is representing himself
or herself; and
(5) the matter before the committee on which the
person wishes to be recognized to address the committee and whether
for, against, or neutral on the matter.
(b) No person shall be recognized by the chair to address
the committee in favor of, in opposition to, or without taking a
position on a matter until the sworn statement has been filed with
the chair of the committee. The chair of the committee shall
indicate whether the person completing the statement was recognized
to address the committee.
(c) Sworn statements submitted in paper format for those
persons recognized by the chair to address the committee shall
accompany the copy of the minutes of the meeting filed with the
committee coordinator.
(d) All persons, other than members, recognized by the chair
to address the committee shall give their testimony under oath, and
each committee may avail itself of additional powers and
prerogatives authorized by law.
(e) The committee shall ensure that an individual who is
blind receives any necessary assistance in executing the sworn
statement.
(f) The committee shall inform a witness who is blind which
members of the committee are present when the witness begins to
testify and shall inform the witness during the testimony of the
departure and arrival of committee members.
(g) The chair may recognize a witness who has been invited
by the committee to attend the meeting but is not present in the
same physical location as the committee to testify before the
committee through an Internet or other videoconferencing system if:
(1) the witness has executed a sworn statement, in
electronic or paper format, under this section;
(2) the witness has filed the statement or a copy of
the statement with the chair before testifying; and
(3) two-way communication has been enabled to allow
the witness to be clearly visible and audible to the committee
members and the committee members to be clearly visible and audible
to the witness.
(h) A person who serves as a translator, including an
interpreter, for a witness before a committee must execute a form
prescribed by the committee coordinator, under the direction of the
Committee on House Administration. The form must at least include
the name of the translator and the name of the witness whom the
translator is serving.
Sec. 21. POWER TO ISSUE PROCESS AND SUMMON WITNESSES. (a)
By a record vote of not less than two-thirds of those present and
voting, a quorum being present, each standing committee shall have
the power and authority to issue process to witnesses at any place
in the State of Texas, to compel their attendance, and to compel the
production of all books, records, and instruments. If necessary to
obtain compliance with subpoenas or other process, the committee
shall have the power to issue writs of attachment. All process
issued by the committee may be addressed to and served by an agent
of the committee or a sergeant-at-arms appointed by the committee
or by any peace officer of the State of Texas. The committee shall
also have the power to cite and have prosecuted for contempt, in the
manner provided by law, anyone disobeying the subpoenas or other
process lawfully issued by the committee. The chair of the
committee shall issue, in the name of the committee, the subpoenas
and other process as the committee may direct.
(b) The chair may summon the governing board or other
representatives of a state agency to appear and testify before the
committee without issuing process under Subsection (a) of this
section. The summons may be communicated in writing, orally, or
electronically. If the persons summoned fail or refuse to appear,
the committee may issue process under Subsection (a) of this
section.
Sec. 22. MILEAGE AND PER DIEM FOR WITNESSES. Subject to
prior approval by the Committee on House Administration, witnesses
attending proceedings of any committee under process of the
committee shall be allowed the same mileage and per diem as are
allowed members of the committee when in a travel status, to be paid
out of the contingent expense fund of the house of representatives
on vouchers approved by the chair of the committee, the chair of the
Committee on House Administration, and the speaker of the house.
Sec. 23. POWER TO REQUEST ASSISTANCE OF STATE AGENCIES.
Each committee is authorized to request the assistance, when
needed, of all state departments, agencies, and offices, and it
shall be the duty of the departments, agencies, and offices to
assist the committee when requested to do so. Each committee shall
have the power and authority to inspect the records, documents, and
files of every state department, agency, and office, to the extent
necessary to the discharge of its duties within the area of its
jurisdiction.
Sec. 23A. ASSISTANCE OF OTHER MEMBERS OF LEGISLATURE. At a
meeting of a committee, the chair may recognize a member of the
house who is not a member of the committee to provide information to
the committee, and may recognize a member of the senate for that
purpose. Recognition is solely within the discretion of the chair
and is not subject to appeal by that member.
CHAPTER C. COMMITTEE FUNCTIONS
Sec. 24. INTERIM STUDIES. Standing committees, en banc or
by subcommittees, are hereby authorized to conduct studies that are
authorized by the speaker pursuant to Rule 1, Section 17. Studies
may not be authorized by resolution. The speaker may appoint public
citizens and officials of state and local governments to standing
committees to augment the membership for the purpose of interim
studies and shall provide a list of such appointments to the chief
clerk. The chair of the standing committee shall have authority to
name the subcommittees necessary and desirable for the conduct of
the interim studies and shall also prepare a budget for interim
studies for approval by the Committee on House Administration.
Sec. 25. MOTION PREVENTING REPORTING OR PLACEMENT ON A
CALENDAR. No motion is in order in a committee considering a bill,
resolution, or other matter that would prevent the committee from
reporting it back to the house or placing it on a calendar in
accordance with the Rules of the House.
Sec. 26. FINAL ACTION IN FORM OF REPORT. No action by a
committee on bills or resolutions referred to it shall be
considered as final unless it is in the form of a favorable report,
an unfavorable report, or a report of inability to recommend a
course of action.
Sec. 27. VOTE ON MOTION TO REPORT. Motions made in
committee to report favorably or unfavorably must receive
affirmative majority votes, majority negative votes to either
motion being insufficient to report. If a committee is unable to
agree on a recommendation for action, as in the case of a tie vote,
it should submit a statement of this fact as its report, and the
house shall decide, by a majority vote, the disposition of the
matter by one of the following alternatives:
(1) leave the bill in the committee for further
consideration;
(2) refer the bill to some other committee; or
(3) order the bill printed, in which case the bill
shall go to the Committee on Calendars for placement on a calendar
and for proposal of an appropriate rule for house consideration.
Sec. 28. MINORITY REPORTS. The report of a minority of a
committee shall be made in the same general form as a majority
report. No minority report shall be recognized by the house unless
it has been signed by not less than 4 members of a committee
consisting of 21 or more members, 3 members of a committee
consisting of less than 21 members and more than 10 members, or 2
members of a committee consisting of 10 or less members. Only
members who were present when the vote was taken on the bill,
resolution, or other matter being reported, and who voted on the
losing side, may sign a minority report. Notice of intention to
file a minority report shall be given to the assembled committee
after the vote on the bill, resolution, or other matter, and before
the recess or adjournment of the committee, provided ample
opportunity is afforded for the giving of notice; otherwise, notice
may be given in writing to the chief clerk within 24 hours after the
recess or adjournment of the committee.
Sec. 29. ACTION ON BILLS REPORTED UNFAVORABLY. If the
majority report on a bill is unfavorable, and a favorable minority
report is not signed in accordance with Section 28 of this rule and
filed with the chief clerk within two calendar days, exclusive of
Sunday and the date of committee action, the chief clerk shall file
the bill away as dead; except during the last 15 calendar days of a
regular session, or the last 7 calendar days of a special session,
when the chief clerk shall hold a bill only one calendar day,
exclusive of Sunday and the date of committee action, awaiting the
filing of a minority report before the bill is filed away as dead.
If the favorable minority report is properly signed and filed, the
chief clerk shall hold the bill for five legislative days,
exclusive of the legislative day in which the minority report was
filed, awaiting adoption by the house of a motion to print the bill
on minority report. If the motion to print is carried, the bill
shall be printed as if it had been reported favorably, and shall
then be immediately forwarded to the Committee on Calendars for
placement on a calendar and for proposal of an appropriate rule for
house consideration. If a motion to print a bill on minority report
is not made within the five legislative days authorized above, the
chief clerk shall file the bill away as dead. It shall not be in
order to move to recommit a bill adversely reported with no minority
report, except as provided in Section 30 of this rule. A two-thirds
vote of the house shall be required to print on minority report a
joint resolution proposing an amendment to the Constitution of
Texas.
Sec. 30. MAKING ADVERSE REPORTS WITHOUT HEARING THE
AUTHOR. No adverse report shall be made on any bill or resolution
by any committee without first giving the author or sponsor of the
bill an opportunity to be heard. If it becomes evident to the house
that a bill has been reported adversely without the author or
sponsor having had an opportunity to be heard as provided in this
section, the house may, by a majority vote, order the bill
recommitted even though no minority report was filed in the manner
prescribed by the rules. This provision shall have precedence over
Rule 7, Section 20.
Sec. 31. ADVERSE REPORTS ON LOCAL BILLS. If a local bill is
reported adversely, it shall be subject to the same rules that
govern other bills reported adversely.
Sec. 32. FORM OF REPORTS. (a) Reports of standing
committees on bills and resolutions shall be made in duplicate,
with one copy to be filed with the journal clerk for printing in the
journal and the other to accompany the original bill.
(b) All committee reports must be in writing and shall:
(1) be signed by the chair, or the member acting as
chair, or a majority of the membership of the committee;
(2) be addressed to the speaker;
(3) contain a statement of the recommendations of the
committee with reference to the matter which is the subject of the
report;
(4) contain the date the committee made its
recommendation;
(5) indicate whether a copy of a bill or resolution was
forwarded to the Legislative Budget Board for preparation of a
fiscal note or other impact statement, if applicable;
(6) contain the record vote by which the report was
adopted, including the vote of each member of the committee;
(7) contain the recommendation that the bill or
resolution be sent to the Committee on Local and Consent Calendars
for placement on the local, consent, and resolutions calendar if
applicable;
(8) state the name of the primary house sponsor of all
senate bills and resolutions and indicate the names of all joint
sponsors or cosponsors;
(9) include a summary of the committee hearing on the
bill or resolution;
(10) include a list of the names of the persons, other
than members of the legislature, and persons or entities
represented by those persons, who submitted to the committee sworn
statements indicating that the persons were present in favor of, in
opposition to, or without taking a position on the bill or
resolution. The omission from the list of the name of a person who
submitted a sworn statement regarding a bill or resolution but who
was not recognized by the chair to address the committee is not
subject to a point [sustainable question] of order;
(11) for a joint resolution proposing a constitutional
amendment, include the bill number of any enabling legislation for
the constitutional amendment designated as such by the author or
sponsor of the joint resolution;
(12) for a bill that is designated by the author or
sponsor of the bill as enabling legislation for a constitutional
amendment proposed by a joint resolution, include the number of the
joint resolution; and
(13) contain a copy of each form executed by a
translator for a witness as required by Section 20(h) of this rule.
(c) Except for the general appropriations bill, each
committee report on a bill or joint resolution, including a
complete committee substitute, and, to the extent considered
necessary by the committee, a committee report on any other
resolution, must include in summary or section-by-section form a
detailed analysis of the subject matter of the bill or resolution,
specifically including:
(1) background information on the proposal and
information on what the bill or resolution proposes to do;
(2) an analysis of the content of the bill or
resolution, including a separate statement that lists each statute
or constitutional provision that is expressly repealed by the bill
or resolution;
(3) a statement indicating whether or not any
rulemaking authority is expressly delegated to a state officer,
department, agency, or institution, and, if so, identifying the
sections of the measure in which that rulemaking authority is
delegated;
(4) a statement indicating whether or not the bill or
resolution expressly creates a criminal offense, expressly
increases the punishment for an existing criminal offense or
category of offenses, or expressly changes the eligibility of a
person for community supervision, parole, or mandatory
supervision;
(5) a statement of substantial differences between a
complete committee substitute and the original bill; and
(6) a brief explanation of each amendment adopted by
the committee.
(d) The committee to which the bill or resolution is
referred may request the Texas Legislative Council to prepare the
analysis required by Subsection (c) of this section.
(e) A committee chair shall provide to the author of a house
measure a copy of the analysis required by Subsection (c) of this
section as soon as the analysis is complete.
(f) The author of a bill or resolution may request that an
analysis prepared for purposes of this section include a statement
written by the author that includes any additional information that
the author considers appropriate.
(g) It shall be the duty of the committee chair, on all
matters reported by the committee, to see that all provisions of
Rule 12 are satisfied. The chair shall strictly construe this
provision to achieve the desired purposes.
Sec. 33. FISCAL NOTES. (a) If the chair of a standing
committee determines that a bill or joint resolution, other than
the general appropriations bill, authorizes or requires the
expenditure or diversion of state funds for any purpose, the chair
shall send a copy of the measure to the Legislative Budget Board for
the preparation of a fiscal note outlining the fiscal implications
and probable cost of the measure.
(b) If the chair of a standing committee determines that a
bill or joint resolution has statewide impact on units of local
government of the same type or class and authorizes or requires the
expenditure or diversion of local funds, or creates or impacts a
local tax, fee, license charge, or penalty, the chair shall send a
copy of the measure to the Legislative Budget Board for the
preparation of a fiscal note outlining the fiscal implications and
probable cost of the measure.
(c) In preparing a fiscal note, the director of the
Legislative Budget Board may utilize information or data supplied
by any person, agency, organization, or governmental unit that the
director deems reliable. If the director determines that the fiscal
implications of the measure cannot be ascertained, the director
shall so state in the fiscal note, shall when reasonably
ascertainable provide an estimated range of the fiscal
implications, and shall include in the note a statement of the
reasons the director is unable to ascertain the fiscal implications
of the measure, in which case the fiscal note shall be in full
compliance with the rules. If the director of the Legislative
Budget Board is unable to acquire or develop sufficient information
to prepare the fiscal note within 15 days of receiving the measure
from the chair of a committee, the director shall so state in the
fiscal note, shall when reasonably ascertainable provide an
estimated range of the fiscal implications, and shall include in
the note a statement of the reasons the director is unable to
acquire or develop sufficient information, in which case the note
shall be in full compliance with the rules.
(d) If the chair determines that a fiscal note is required,
copies of the fiscal note must be distributed to the members of the
committee not later than the first time the measure is laid out in a
committee meeting. The fiscal note shall be attached to the measure
on first printing. If the measure is amended by the committee so as
to alter its fiscal implications, the chair shall obtain an updated
fiscal note, which shall also be attached to the measure on first
printing.
(e) All fiscal notes shall remain with the measure
throughout the entire legislative process, including submission to
the governor.
(f) All fiscal notes must include in the summary box on the
first page of the fiscal note a statement that indicates whether the
bill or joint resolution will have fiscal implications or probable
costs in any year.
Sec. 34. OTHER IMPACT STATEMENTS. (a) It is the intent of
this section that all members of the house are timely informed as to
the impact of proposed legislation on the state or other unit of
government.
(a-1) The chair of the appropriations committee shall send a
copy of the general appropriations bill to the Legislative Budget
Board for the preparation of a dynamic economic impact statement,
specifically including the number of state employees to be affected
and the estimated impact on employment by the private sector and
local governments in Texas as a result of any change in state
expenditures made by the bill as compared to the biennium preceding
the biennium to which the bill applies.
(b) If the chair of a standing committee determines that a
bill or joint resolution:
(1) authorizes or requires a change in the sanctions
applicable to adults convicted of felony crimes, the chair shall
send a copy of the measure to the Legislative Budget Board for the
preparation of a criminal justice policy impact statement;
(2) authorizes or requires a change in the public
school finance system, the chair shall send a copy of the measure to
the Legislative Budget Board for the preparation of an equalized
education funding impact statement;
(3) proposes to change benefits or participation in
benefits of a public retirement system or change the financial
obligations of a public retirement system, the chair shall send a
copy of the measure to the Legislative Budget Board for the
preparation of an actuarial impact statement in cooperation with
the State Pension Review Board;
(4) proposes to create a water district under the
authority of Article XVI, Section 59, of the Texas Constitution,
the chair shall send a copy of the measure to the Legislative Budget
Board for the preparation of a water development policy impact
statement; or
(5) creates or impacts a state tax or fee, the chair
shall send a copy of the measure to the Legislative Budget Board for
the preparation of a tax equity note that estimates the general
effects of the proposal on the distribution of tax and fee burdens
among individuals and businesses.
(c) In preparing an impact statement, the director of the
Legislative Budget Board may utilize information or data supplied
by any person, agency, organization, or governmental unit that the
director deems reliable. If the director determines that the
particular implications of the measure cannot be ascertained, the
director shall so state in the impact statement, in which case the
impact statement shall be in full compliance with the rules.
(d) An impact statement is not required to be present before
a measure is laid out in a committee meeting. If timely received,
the impact statement shall be attached to the measure on first
printing. If the measure is amended by the committee so as to alter
its particular implications, the chair shall obtain an updated
impact statement. If timely received, the updated impact statement
shall also be attached to the measure on first printing.
(e) An impact statement that is received after the first
printing of a measure has been distributed to the members shall be
forwarded by the chair of the committee to the committee
coordinator. The committee coordinator shall have the impact
statement printed and distributed to the members.
(f) All impact statements received shall remain with the
measure throughout the entire legislative process, including
submission to the governor.
Sec. 35. REPORTS ON HOUSE AND CONCURRENT
RESOLUTIONS. Committee reports on house and concurrent
resolutions shall be made in the same manner and shall follow the
same procedure as provided for bills, subject to any differences
otherwise authorized or directed by the rules.
Sec. 36. ACTION BY HOUSE ON REPORTS NOT REQUIRED. No
action by the house is necessary on the report of a standing
committee. The bill, resolution, or proposition recommended or
reported by the committee shall automatically be before the house
for its consideration after the bill or resolution has been
referred to the appropriate calendars committee for placement on a
calendar and for proposal of an appropriate rule for house
consideration.
Sec. 37. REFERRAL OF REPORTS TO COMMITTEE COORDINATOR. All
committee reports on bills or resolutions shall be immediately
referred to the committee coordinator. The chair of the committee
shall be responsible for delivery of the report to the committee
coordinator.
Sec. 38. DELIVERY OF REPORTS TO CALENDARS
COMMITTEES. After printing, the chief clerk shall be responsible
for delivery of a certified copy of the committee report to the
appropriate calendars committee, which committee shall immediately
accept the bill or resolution for placement on a calendar and for
the proposal of an appropriate rule for house consideration.
Sec. 38A. NOTIFICATION OF SUNSET BILLS. The chief clerk
shall provide notice to each member at the member's designated
Capitol e-mail address when a committee report under Section 38 of
this rule on a bill extending an agency, commission, or advisory
committee under the Texas Sunset Act has been printed or posted and
is available to be distributed to the appropriate calendars
committee.
Sec. 39. COMMITTEE AMENDMENTS. No committee shall have the
power to amend, delete, or change in any way the nature, purpose, or
content of any bill or resolution referred to it, but may draft and
recommend amendments to it, which shall become effective only if
adopted by a majority vote of the house.
Sec. 40. SUBSTITUTES. The committee may adopt and report a
complete germane committee substitute containing the title,
enacting clause, and text of the bill in lieu of an original bill,
in which event the complete substitute bill on committee report
shall be laid before the house and shall be the matter then before
the house for its consideration, instead of the original bill. If
the substitute bill is defeated at any legislative stage, the bill
is considered not passed.
Sec. 41. GERMANENESS OF SUBSTITUTE. If a point of order is
raised that a complete committee substitute is not germane, in
whole or in part, and the point of order is sustained, the committee
substitute shall be returned to the Committee on Calendars, which
may have the original bill printed and distributed and placed on a
calendar in lieu of the substitute or may return the original bill
to the committee from which it was reported for further action.
Sec. 42. AUTHOR'S RIGHT TO OFFER AMENDMENTS TO
REPORT. Should the author or sponsor of the bill, resolution, or
other proposal not be satisfied with the final recommendation or
form of the committee report, the member shall have the privilege of
offering on the floor of the house such amendments or changes as he
or she considers necessary and desirable, and those amendments or
changes shall be given priority during the periods of time when
original amendments are in order under the provisions of Rule 11,
Section 7.
CHAPTER D. SUBCOMMITTEES
Sec. 43. JURISDICTION. Each committee is authorized to
conduct its activities and perform its work through the use of
subcommittees as shall be determined by the chair of the committee.
Subcommittees shall be created, organized, and operated in such a
way that the subject matter and work area of each subcommittee shall
be homogeneous and shall pertain to related governmental
activities. The size and jurisdiction of each subcommittee shall
be determined by the chair of the committee.
Sec. 44. MEMBERSHIP. The chair of each standing committee
shall appoint from the membership of the committee the members who
are to serve on each subcommittee. Any vacancy on a subcommittee
shall be filled by appointment of the chair of the standing
committee. The chair and vice-chair of each subcommittee shall be
named by the chair of the committee.
Sec. 45. RULES GOVERNING OPERATIONS. The Rules of
Procedure of the House of Representatives, to the extent
applicable, shall govern the hearings and operations of each
subcommittee. Subject to the foregoing, and to the extent
necessary for orderly transaction of business, each subcommittee
may promulgate and adopt additional rules and procedures by which
it will function.
Sec. 46. QUORUM. A majority of a subcommittee shall
constitute a quorum, and no action or recommendation of a
subcommittee shall be valid unless taken at a meeting with a quorum
actually present. All reports of a subcommittee must be approved by
record vote by a majority of the membership of the subcommittee.
Minutes of the subcommittee shall be maintained in a manner similar
to that required by the rules for standing committees. Proxies
cannot be used in subcommittees.
Sec. 47. POWER AND AUTHORITY. Each subcommittee, within
the area of its jurisdiction, shall have all of the power,
authority, and rights granted by the Rules of Procedure of the House
of Representatives to the standing committee, except subpoena
power, to the extent necessary to discharge the duties and
responsibilities of the subcommittee.
Sec. 48. REFERRAL OF PROPOSED LEGISLATION TO
SUBCOMMITTEE. All bills and resolutions referred to a standing
committee shall be reviewed by the chair to determine appropriate
disposition of the bills and resolutions. All bills and
resolutions shall be considered by the entire standing committee
unless the chair of that standing committee determines to refer the
bills and resolutions to subcommittee. If a bill or resolution is
referred by the chair of the standing committee to a subcommittee,
it shall be considered by the subcommittee in the same form in which
the measure was referred to the standing committee, and any action
taken by the standing committee on a proposed amendment or
committee substitute before a measure is referred to subcommittee
is therefore voided at the time the measure is referred to
subcommittee. The subcommittee shall be charged with the duty and
responsibility of conducting the hearing, doing research, and
performing such other functions as the subcommittee or its parent
standing committee may determine. All meetings of the subcommittee
shall be scheduled by the subcommittee chair, with appropriate
public notice and notification of each member of the subcommittee
under the same rules of procedure as govern the conduct of the
standing committee.
Sec. 49. REPORT BY SUBCOMMITTEE. At the conclusion of its
deliberations on a bill, resolution, or other matter referred to
it, the subcommittee may prepare a written report, comprehensive
in nature, for submission to the full committee. The report shall
include background material as well as recommended action and shall
be accompanied by a complete draft of the bill, resolution, or other
proposal in such form as the subcommittee shall determine.
Sec. 50. ACTION ON SUBCOMMITTEE REPORTS. Subcommittee
reports shall be directed to the chair of the committee, who shall
schedule meetings of the standing committee from time to time as
necessary and appropriate for the reception of subcommittee reports
and for action on reports by the standing committee. No
subcommittee report shall be scheduled for action by the standing
committee until at least 24 hours after a copy of the subcommittee
report is provided to each member of the standing committee.
CHAPTER E. COMMITTEES OF THE WHOLE HOUSE
Sec. 51. RESOLUTION INTO A COMMITTEE OF THE WHOLE
HOUSE. The house may resolve itself into a committee of the whole
house to consider any matter referred to it by the house. In
forming a committee of the whole house, the speaker shall vacate the
chair and shall appoint a chair to preside in committee.
Sec. 52. RULES GOVERNING OPERATIONS. The rules governing
the proceedings of the house and those governing committees shall
be observed in committees of the whole, to the extent that they are
applicable.
Sec. 53. MOTION FOR A CALL OF THE COMMITTEE OF THE
WHOLE. (a) It shall be in order to move a call of the committee of
the whole at any time to secure and maintain a quorum for the
following purposes:
(1) for the consideration of a certain or specific
matter; or
(2) for a definite period of time; or
(3) for the consideration of any designated class of
bills.
(b) When a call of the committee of the whole is moved and
seconded by 10 members, of whom the chair may be one, and is ordered
by majority vote, the main entrance of the hall and all other doors
leading out of the hall shall be locked, and no member shall be
permitted to leave the hall without written permission. Other
proceedings under a call of the committee shall be the same as under
a call of the house.
Sec. 54. HANDLING OF A BILL. A bill committed to a
committee of the whole house shall be handled in the same manner as
in any other committee. The body of the bill shall not be defaced or
interlined, but all amendments shall be duly endorsed by the chief
clerk as they are adopted by the committee, and so reported to the
house. When a bill is reported by the committee of the whole house
it shall be referred immediately to the appropriate calendars
committee for placement on the appropriate calendar and shall
follow the same procedure as any other bill on committee report.
Sec. 55. FAILURE TO COMPLETE WORK AT ANY SITTING. In the
event that the committee of the whole, at any sitting, fails to
complete its work on any bill or resolution under consideration for
lack of time, or desires to take any action on that measure that is
permitted under the rules for other committees, it may, on a motion
made and adopted by majority vote, rise, report progress, and ask
leave of the house to sit again generally, or at a time certain.
Sec. 56. REPORTS OF SELECT COMMITTEES. Reports of select
committees made during a session shall be filed with the chief clerk
and printed in the journal, unless otherwise determined by the
house.
CHAPTER F. INTERIM STUDY COMMITTEES
Sec. 57. INTERIM STUDIES. Pursuant to Rule 1, Section 17,
the speaker may create interim study committees to conduct studies
by issuing a proclamation for each committee, which shall specify
the issue to be studied, committee membership, and any additional
authority and duties. A copy of each proclamation creating an
interim study committee shall be filed with the chief clerk. An
interim study committee expires on release of its final report or
when the next legislature convenes, whichever is earlier. An
interim study committee may not be created by resolution.
Sec. 58. APPOINTMENT AND MEMBERSHIP. The speaker shall
appoint all members of an interim study committee, which may
include public citizens and officials of state and local
governments. The speaker shall also designate the chair and
vice-chair and may authorize the chair to create subcommittees and
appoint citizen advisory committees.
Sec. 59. RULES GOVERNING OPERATIONS. The rules governing
the proceedings of the house and those governing standing
committees shall be observed by an interim study committee, to the
extent that they are applicable. An interim study committee shall
have the power to issue process and to request assistance of state
agencies as provided for a standing committee in Sections 21, 22,
and 23 of this rule.
Sec. 60. FUNDING AND STAFF. An interim study committee
shall use existing staff resources of its members, standing
committees, house offices, and legislative service agencies. The
chair of an interim study committee shall prepare a detailed budget
for approval by the speaker and the Committee on House
Administration. An interim study committee may accept gifts,
grants, and donations for the purpose of funding its activities as
provided by Sections 301.032(b) and (c), Government Code.
Sec. 61. STUDY REPORTS. (a) The final report or
recommendations of an interim study committee shall be approved by
a majority of the committee membership. Dissenting members may
attach statements to the final report.
(b) An interim study committee shall submit the committee's
final report to the committee coordinator in the manner prescribed
by the committee coordinator. The committee coordinator shall:
(1) distribute copies of the final report to the
speaker, the Legislative Reference Library, and other appropriate
agencies; and
(2) make a copy of the final report available on the
house's Internet website.
(c) This section shall also apply to interim study reports
of standing committees.
Sec. 62. JOINT HOUSE AND SENATE INTERIM
STUDIES. Procedures may be established by a concurrent resolution
adopted by both houses, by which the speaker may authorize and
appoint, jointly with the senate, committees to conduct interim
studies. A copy of the authorization for and the appointments to a
joint interim study committee shall be filed with the chief clerk.
Individual joint interim study committees may not be authorized or
created by resolution.
RULE 5. FLOOR PROCEDURE
CHAPTER A. QUORUM AND ATTENDANCE
Sec. 1. QUORUM. Two-thirds of the house shall constitute a
quorum to do business.
Sec. 2. ROLL CALLS. On every roll call or registration,
the names of the members shall be called or listed, as the case may
be, alphabetically by surname, except when two or more have the same
surname, in which case the initials of the members shall be added.
Sec. 3. LEAVE OF ABSENCE. (a) No member shall be absent
from the sessions of the house without leave, and no member shall be
excused on his or her own motion.
(b) A leave of absence may be granted by a majority vote of
the house and may be revoked at any time by a similar vote.
(c) Any member granted a leave of absence due to a meeting of
a committee or conference committee that has authority to meet
while the house is in session shall be so designated on each roll
call or registration for which that member is excused.
Sec. 4. FAILURE TO ANSWER ROLL CALL. Any member who is
present and fails or refuses to record on a roll call after being
requested to do so by the speaker shall be recorded as present by
the speaker and shall be counted for the purpose of making a quorum.
Sec. 5. POINT OF ORDER OF "NO QUORUM." (a) The point of
order of "No Quorum" shall not be accepted by the chair if the last
roll call showed the presence of a quorum, provided the last roll
call was taken within two hours of the time the point of order is
raised.
(b) If the last roll call was taken more than two hours
before the point of order is raised, it shall be in order for the
member who raised the point of order to request a roll call. Such a
request must be seconded by 25 members. If the request for a roll
call is properly seconded, the chair shall order a roll call.
(c) Once a point of order has been made that a quorum is not
present, it may not be withdrawn after the absence of a quorum has
been ascertained and announced.
Sec. 6. MOTIONS IN ORDER WHEN QUORUM NOT PRESENT. If a
registration or record vote reveals that a quorum is not present,
only a motion to adjourn or a motion for a call of the house and the
motions incidental thereto shall be in order.
Sec. 7. MOTION FOR CALL OF THE HOUSE. It shall be in order
to move a call of the house at any time to secure and maintain a
quorum for one of the following purposes:
(1) for the consideration of a specific bill,
resolution, motion, or other measure;
(2) for the consideration of any designated class of
bills; or
(3) for a definite period of time.
Motions for, and incidental to, a call of the house are not
debatable.
Sec. 8. SECURING A QUORUM. When a call of the house is moved
for one of the above purposes and seconded by 15 members (of whom
the speaker may be one) and ordered by a majority vote, the main
entrance to the hall and all other doors leading out of the hall
shall be locked and no member permitted to leave the house without
the written permission of the speaker. The names of members present
shall be recorded. All absentees for whom no sufficient excuse is
made may, by order of a majority of those present, be sent for and
arrested, wherever they may be found, by the sergeant-at-arms or an
officer appointed by the sergeant-at-arms for that purpose, and
their attendance shall be secured and retained. The house shall
determine on what conditions they shall be discharged. Members who
voluntarily appear shall, unless the house otherwise directs, be
immediately admitted to the hall of the house and shall report their
names to the clerk to be entered in the journal as present.
Until a quorum appears, should the roll call fail to show one
present, no business shall be transacted, except to compel the
attendance of absent members or to adjourn. It shall not be in
order to recess under a call of the house.
Sec. 9. FOLLOWING ACHIEVEMENT OF A QUORUM. When a quorum is
shown to be present, the house may proceed with the matters on which
the call was ordered, or may enforce the call and await the
attendance of as many of the absentees as it desires. When the
house proceeds to the business on which the call was ordered, it
may, by a majority vote, direct the sergeant-at-arms to cease
bringing in absent members.
Sec. 10. REPEATING A RECORD VOTE. When a record vote
reveals the lack of a quorum, and a call is ordered to secure one, a
record vote shall again be taken when the house resumes business
with a quorum present.
CHAPTER B. ADMITTANCE TO HOUSE CHAMBER
Sec. 11. PRIVILEGES OF THE HOUSE FLOOR. Only the following
persons shall be entitled to the privileges of the floor of the
house when the house is in session: members of the house; employees
of the house when performing their official duties as determined by
the Committee on House Administration; members of the senate;
employees of the senate when performing their official duties; the
Governor of Texas and the governor's chief of staff and director of
legislative affairs [executive and administrative assistant]; the
lieutenant governor; the secretary of state; duly accredited media
representatives as permitted by Section 20 of this rule;
contestants in election cases pending before the house; and
immediate families of the members of the legislature on such
special occasions as may be determined by the Committee on House
Administration.
Sec. 12. ADMITTANCE WITHIN THE RAILING. Only the following
persons shall be admitted to the area on the floor of the house
enclosed by the railing when the house is in session: members of the
house; members of the senate; the governor; the lieutenant
governor; officers and employees of the senate and house when those
officers and employees are actually engaged in performing their
official duties as determined by the Committee on House
Administration; spouses of members of the house on such occasions
as may be determined by the Committee on House Administration; and,
within the area specifically designated for media representatives,
duly accredited media representatives as permitted by Section 20
of this rule.
Sec. 13. SOLICITORS AND COLLECTORS PROHIBITED. Solicitors
and collectors shall not be admitted to the floor of the house while
the house is in session.
Sec. 14. INVITATION TO ADDRESS THE HOUSE. A motion to
invite a person to address the house while it is in session shall be
in order only if the person invited is entitled to the privileges of
the floor as defined by Section 11 of this rule and if no business is
pending before the house.
Sec. 15. LOBBYING ON FLOOR. No one, except the governor or
a member of the legislature, who is lobbying or working for or
against any pending or prospective legislative measure shall be
permitted on the floor of the house or in the adjacent rooms while
the house is in session.
Sec. 16. SUSPENSION OF FLOOR PRIVILEGES. If any person
admitted to the floor of the house under the rules, except the
governor or a member of the legislature, lobbies or works for or
against any pending or prospective legislation or violates any of
the other rules of the house, the privileges extended to that person
under the rules shall be suspended by a majority vote of the
Committee on House Administration. The action of the committee
shall be reviewable by the house only if two members of the
committee request an appeal from the decision of the committee. The
request shall be in the form of a minority report and shall be
subject to the same rules that are applicable to minority reports on
bills. Suspension shall remain in force until the accused person
purges himself or herself and comes within the rules, or until the
house, by majority vote, reverses the action of the committee.
Sec. 17. MEMBERS LOUNGE PRIVILEGES. Only the following
persons shall be admitted to the members lounge at any
time: members of the house; members of the senate; and former
members of the house and senate who are not engaged in any form of
employment requiring them to lobby or work for or against any
pending or prospective legislative measures.
Sec. 18. FLOOR DUTIES OF HOUSE OFFICERS AND EMPLOYEES. It
shall be the duty of the Committee on House Administration to
determine what duties are to be discharged by officers and
employees of the house on the floor of the house, specifically in
the area enclosed by the railing, when the house is in session. It
shall be the duty of the speaker to see that the officers and
employees do not violate the regulations promulgated by the
Committee on House Administration.
Sec. 19. PROPER DECORUM. No person shall be admitted to,
or allowed to remain in, the house chamber while the house is in
session unless properly attired, and all gentlemen shall wear a
coat and tie. Food or beverage shall not be permitted in the house
chamber at any time, and no person carrying food or beverage shall
be admitted to the chamber, whether the house is in session or in
recess. Reading newspapers shall not be permitted in the house
chamber while the house is in session. Smoking is not permitted in
the member's lounge or bathrooms. The Committee on House
Administration shall designate an area for smoking that is easily
accessible to the house chamber.
Sec. 20. MEDIA ACCESS TO HOUSE CHAMBER. (a) When the house
is in session, no media representative shall be admitted to the
floor of the house or allowed its privileges unless the person is:
(1) employed by a print, broadcast, or Internet news
organization, or by a wire service serving those organizations:
(A) whose principal business is the periodic
dissemination of original news and opinion of interest to a broad
segment of the public;
(B) which has published or operated continuously
for 18 months; and
(C) whose publications or operations are
editorially independent of any institution, foundation, or
interest group that lobbies the government or that is not
principally a general news organization; and
(2) not engaged in any lobbying or paid advocacy,
advertising, publicity, or promotion work for any individual,
political party, corporation, organization, or government agency.
(b) Any media representative seeking admission to the floor
of the house under the provisions of this section must submit to the
Committee on House Administration:
(1) a notarized application in a form determined by
the committee; and
(2) a letter from the media representative's employer
certifying that:
(A) the media representative is engaged
primarily in reporting the sessions of the legislature; and
(B) no part of the media representative's salary
for legislative coverage is paid from a source other than the news
organization that employs the media representative.
(c) Regularly accredited media representatives who have
duly qualified under the provisions of this section may, when
requested to do so, make recommendations through their professional
committees to the Committee on House Administration as to the
sufficiency or insufficiency of the credentials of any person
seeking admission to the floor of the house under this section.
(d) If the Committee on House Administration determines
that a person's media credentials meet the requirements of this
section, the committee shall issue a pass card to the person. The
committee may impose a fee to cover the costs of issuing a pass
card. This pass card must be presented to the doorkeeper each time
the person seeks admission to the floor of the house while the house
is in session. Pass cards issued under this section shall not be
transferable. The failure of a media representative to maintain the
requirements of this section may result in the revocation of the
pass card. Persons admitted to the floor of the house pursuant to
the provisions of this section shall work in appropriate convenient
seats or work stations in the house, which shall be designated for
that purpose by the Committee on House Administration.
(e) Members of the house shall not engage in interviews and
press conferences on the house floor while the house is in session.
The Committee on House Administration is authorized to enforce this
provision and to prescribe such other regulations as may be
necessary and desirable to achieve these purposes.
(f) Permission to make live or recorded television, radio,
or Internet broadcasts in or from the house chamber while the house
is in session may be granted only by the Committee on House
Administration. The committee shall promulgate regulations
governing television, radio, or Internet broadcasts, and such
regulations shall be printed as an addendum to the rules of the
house. When broadcasts from the floor of the house are recommended
by the Committee on House Administration, the recommendation shall
identify those persons in the technical crews to whom pass cards to
the floor of the house and galleries are to be issued. Passes
granted under this authority shall be subject to revocation on the
recommendation of the Committee on House Administration. Each
committee of the house shall have authority to determine whether or
not to permit television, radio, or Internet broadcasts of any of
its proceedings.
(g) A member of the house who believes a media
representative granted privileges under this section does not meet
the requirements of this section or has abused the privileges may
submit a written complaint to the Committee on House
Administration. The committee shall investigate the complaint and
may temporarily suspend the media representative's privileges
pending the investigation. The committee shall notify the subject
of the complaint of the time and place of a hearing on the
complaint. Following the hearing, the media representative's
privileges granted under this section are revoked if the committee
determines that the allegations contained in the complaint are
valid.
Sec. 21. PUBLIC ADMISSION TO AND NONLEGISLATIVE USE OF THE
HOUSE CHAMBER. When the house is not in session, the floor of the
house shall remain open on days and hours determined by the
Committee on House Administration. By resolution, the house may
open the floor of the house during its sessions for the inauguration
of the governor and lieutenant governor and for such other public
ceremonies as may be deemed warranted.
CHAPTER C. SPEAKING AND DEBATE
Sec. 22. ADDRESSING THE HOUSE. When a member desires to
speak or deliver any matter to the house, the member shall rise and
respectfully address the speaker as "Mr. (or Madam) Speaker" and,
on being recognized, may address the house from the microphone at
the reading clerk's desk, and shall confine all remarks to the
question under debate, avoiding personalities.
Sec. 23. WHEN TWO MEMBERS RISE AT ONCE. When two or more
members rise at once, the speaker shall name the one who is to speak
first. This decision shall be final and not open to debate or
appeal.
Sec. 24. RECOGNITION. (a) Except as otherwise provided
by this section, there shall be no appeal from the speaker's
recognition, but the speaker shall be governed by rules and usage in
priority of entertaining motions from the floor. When a member
seeks recognition, the speaker may ask, "For what purpose does the
member rise?" or "For what purpose does the member seek
recognition?" and may then decide if recognition is to be granted,
except that the speaker shall recognize a member who seeks
recognition on a question of privilege.
(b) If the speaker denies recognition of a member who seeks
recognition on a question of privilege, other than a question of
privilege relating to the right of the house to remove the speaker
and elect a new speaker, the decision of recognition may be appealed
using the procedures provided in Rule 1, Section 9.
(c) If the speaker denies recognition of a member who seeks
recognition on a question of privilege relating to the right of the
house to remove the speaker and elect a new speaker, the member may
appeal the speaker's denial of recognition if the member submits to
the speaker a written request, signed by at least 76 members of the
house, to appeal the decision of recognition. Upon receiving a
request for appeal in accordance with this subsection, the speaker
shall announce the request to the house. The names of the members
who signed the request and the time that the announcement was made
shall be entered in the journal. The appeal of a decision of
recognition under this subsection is eligible for consideration 24
hours after the request for appeal has been announced in accordance
with this subsection. The appeal and consideration of the question
of privilege, if the appeal is successful, takes precedence over
all other questions except motions to adjourn.
Sec. 25. INTERRUPTION OF A MEMBER WHO HAS THE FLOOR. A
member who has the floor shall not be interrupted by another member
for any purpose, unless he or she consents to yield to the other
member. A member desiring to interrupt another in debate should
first address the speaker for the permission of the member
speaking. The speaker shall then ask the member who has the floor
if he or she wishes to yield, and then announce the decision of that
member. The member who has the floor may exercise personal
discretion as to whether or not to yield, and it is entirely within
the member's discretion to determine who shall interrupt and when.
Sec. 26. YIELDING THE FLOOR. A member who obtains the
floor on recognition of the speaker may not be taken off the floor
by a motion, even the highly privileged motion to adjourn, but if
the member yields to another to make a motion or to offer an
amendment, he or she thereby loses the floor.
Sec. 27. RIGHT TO OPEN AND CLOSE DEBATE. The mover of any
proposition, or the member reporting any measure from a committee,
or, in the absence of either of them, any other member designated by
such absentee, shall have the right to open and close the debate,
and for this purpose may speak each time not more than 20 minutes.
Sec. 28. TIME LIMITS ON SPEECHES. All speeches shall be
limited to 10 minutes in duration, except as provided in Section 27
of this rule, and the speaker shall call the members to order at the
expiration of their time. If the house by a majority vote extends
the time of any member, the extension shall be for 10 minutes only.
A second extension of time shall be granted only by unanimous
consent. During the last 10 calendar days of the regular session,
and the last 5 calendar days of a special session, Sundays excepted,
all speeches shall be limited to 10 minutes and shall not be
extended. The time limits established by this rule shall include
time consumed in yielding to questions from the floor.
Sec. 29. LIMIT ON NUMBER OF TIMES TO SPEAK. No member shall
speak more than twice on the same question without leave of the
house, nor more than once until every member choosing to speak has
spoken, nor shall any member be permitted to consume the time of
another member without leave of the house being given by a majority
vote.
Sec. 30. EFFECT OF ADJOURNMENT ON SPEAKING LIMIT. If a
pending question is not disposed of because of an adjournment of the
house, a member who has spoken twice on the subject shall not be
allowed to speak again without leave of the house.
Sec. 31. OBJECTION TO READING A PAPER. When the reading of
a paper is called for, and objection is made, the matter shall be
determined by a majority vote of the house, without debate.
Sec. 32. PASSING BETWEEN MICROPHONES DURING DEBATE. No
person shall pass between the front and back microphones during
debate or when a member has the floor and is addressing the house.
Sec. 33. TRANSGRESSION OF RULES WHILE SPEAKING. If any
member, in speaking or otherwise, transgresses the rules of the
house, the speaker shall, or any member may, call the member to
order, in which case the member so called to order shall immediately
be seated; however, that member may move for an appeal to the house,
and if appeal is duly seconded by 10 members, the matter shall be
submitted to the house for decision by majority vote. In such
cases, the speaker shall not be required to relinquish the chair, as
is required in cases of appeals from the speaker's decisions. The
house shall, if appealed to, decide the matter without debate. If
the decision is in favor of the member called to order, the member
shall be at liberty to proceed; but if the decision is against the
member, he or she shall not be allowed to proceed, and, if the case
requires it, shall be liable to the censure of the house, or such
other punishment as the house may consider proper.
Sec. 34. ELECTRONIC RECORDING OF ALL HOUSE PROCEEDINGS. (a)
All proceedings of the house of representatives shall be
electronically recorded under the direction of the Committee on
House Administration. Copies of the proceedings may be released
under guidelines promulgated by the Committee on House
Administration.
(b) Archived video broadcasts of proceedings in the house
chamber that are available through the house's Internet or intranet
website may, under the direction of the Committee on House
Administration, include a link to the point in time in the video
where each measure under consideration by the house is laid out.
Such a link shall be provided as soon as the committee determines is
practical.
CHAPTER D. QUESTIONS OF PRIVILEGE
Sec. 35. QUESTIONS OF PRIVILEGE DEFINED. Questions of
privilege shall be:
(1) those affecting the rights of the house
collectively, its safety and dignity, and the integrity of its
proceedings, including the right of the house to remove the speaker
and elect a new speaker; and
(2) those affecting the rights, reputation, and
conduct of members individually in their representative capacity
only.
Sec. 36. PRECEDENCE OF QUESTIONS OF PRIVILEGE. Questions
of privilege shall have precedence over all other questions except
motions to adjourn. When in order, a member may address the house
on a question of privilege, or may at any time print it in the
journal, provided it contains no reflection on any member of the
house.
Sec. 37. WHEN QUESTIONS OF PRIVILEGE NOT IN ORDER. (a) It
shall not be in order for a member to address the house on a question
of privilege:
(1) between the time an undebatable motion is offered
and the vote is taken on the motion;
(2) between the time the previous question is ordered
and the vote is taken on the last proposition included under the
previous question; or
(3) between the time a motion to table is offered and
the vote is taken on the motion.
(b) If a question of privilege relating to removal of the
speaker and election of a new speaker fails, a subsequent attempt to
remove the same speaker can be made only by reconsidering the vote
by which the original question of privilege failed. Such
reconsideration shall be subject to the rules of the house
governing reconsideration.
Sec. 38. CONFINING REMARKS TO QUESTION OF PRIVILEGE;
INTERRUPTIONS PROHIBITED. (a) When speaking on privilege,
members must confine their remarks within the limits of Section 35
of this rule, which will be strictly construed to achieve the
purposes hereof.
(b) When a member is speaking on privilege, the member shall
not be interrupted by another member for any purpose. While the
member is speaking, another member may submit a question of order to
the speaker in writing or by approaching the podium in person. The
member submitting the question of order shall not interrupt the
member who is speaking. The speaker may interrupt the member who is
speaking if the speaker determines it is appropriate to address the
question of order at that time.
Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
of a main or subsidiary motion shall not be discussed or debated
under the guise of speaking to a question of privilege.
CHAPTER E. VOTING
Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
votes, except viva voce votes, members shall record their votes on
the voting machine and shall not be recognized by the chair to cast
their votes from the floor. If a member attempts to vote from the
floor, the speaker shall sustain a point of order directed against
the member's so doing. This rule shall not be applicable to the
mover or the principal opponent of the proposition being voted on
nor to a member whose voting machine is out of order. If a member
demands strict enforcement of this section, Section 47 shall not
apply to the taking of a vote, and the house may discipline a member
in violation of this rule pursuant to its inherent authority.
Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
registration or vote taken on the voting machine of the house shall
in all instances be considered the equivalent of a roll call or yea
and nay vote, which might be had for the same purpose.
Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
member who has a personal or private interest in any measure or bill
proposed or pending before the house shall disclose the fact and not
vote thereon.
Sec. 43. DIVIDING THE QUESTION. By a majority vote of the
house, a quorum being present, the question shall be divided, if it
includes propositions so distinct in substance that, one being
taken away, a substantive proposition remains. A motion for a
division vote cannot be made after the previous question has been
ordered, after a motion to table has been offered, after the
question has been put, nor after the yeas and nays have been
ordered. Under this subsection, the speaker may divide the
question into groups of propositions that are closely related.
Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is
present and fails or refuses to vote after being requested to do so
by the speaker shall be recorded as present but not voting, and
shall be counted for the purpose of making a quorum.
Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
member must be on the floor of the house or in an adjacent room or
hallway on the same level as the house floor, in order to vote.
Sec. 46. LOCKING VOTING MACHINES OF ABSENT MEMBERS. During
each calendar day in which the house is in session, it shall be the
duty of the journal clerk to lock the voting machine of each member
who is excused or who is otherwise known to be absent. Each such
machine shall remain locked until the member in person contacts the
journal clerk and personally requests the unlocking of the machine.
Unless otherwise directed by the speaker, the journal clerk shall
not unlock any machine except at the personal request of the member
to whom the machine is assigned. Any violation, or any attempt by a
member or employee to circumvent the letter or spirit of this
section, shall be reported immediately to the speaker for such
disciplinary action by the speaker, or by the house, as may be
warranted under the circumstances.
Sec. 47. VOTING FOR ANOTHER MEMBER. Any member found
guilty by the house of knowingly voting for another member on the
voting machine without that other member's permission shall be
subject to discipline deemed appropriate by the house.
Sec. 48. INTERRUPTION OF A ROLL CALL. Once a roll call has
begun, it may not be interrupted for any reason. While a yea and nay
vote is being taken, or the vote is being counted, no member shall
visit the reading clerk's desk or the voting clerk's desk.
Sec. 49. EXPLANATION OF VOTE. (a) No member shall be
allowed to interrupt the vote or to make any explanation of a vote
that the member is about to give after the voting machine has been
opened, but may record in the journal the reasons for giving such a
vote.
(b) A "Reason for Vote" must be in writing and filed with the
journal clerk. If timely received, the "Reason for Vote" shall be
printed immediately following the results of the vote in the
journal. Otherwise, "Reasons for Vote" shall be printed in a
separate section at the end of the journal for the day on which the
reasons were recorded with the journal clerk. Such "Reason for
Vote" shall not deal in personalities or contain any personal
reflection on any member of the legislature, the speaker, the
lieutenant governor, or the governor, and shall not in any other
manner transgress the rules of the house relating to decorum and
debate.
(c) A member absent when a vote was taken may file with the
journal clerk while the house is in session a statement of how the
member would have voted if present. If timely received, the
statement shall be printed immediately following the results of the
vote in the journal. Otherwise, statements shall be printed in a
separate section at the end of the journal for the day on which the
statements were recorded with the journal clerk.
Sec. 50. PAIRS. (a) All pairs must be announced before the
vote is declared by the speaker, and a written statement sent to the
journal clerk. The statement must be signed by the absent member to
the pair, or the member's signature must have been authorized in
writing or by telephone, and satisfactory evidence presented to the
speaker if deemed necessary. If authorized in writing, the writing
shall be delivered to the chief clerk by personal delivery or by
commercially acceptable means of delivery, including electronic
transmission by PDF or similar secure format that is capable of
transmitting an accurate image of the member's signature. If
authorized by telephone, the call must be to and confirmed by the
chief clerk in advance of the vote to which it applies. Pairs shall
be entered in the journal, and the member present shall be counted
to make a quorum.
(b) The speaker may not refuse to recognize a pair that
complies with the requirements of Subsection (a), if both members
consent to the pair.
Sec. 51. ENTRY OF YEA AND NAY VOTE IN JOURNAL. (a) At the
desire of any member present, the yeas and nays of the members of
the house on any question shall be taken and entered in the journal.
No member or members shall be allowed to call for a yea and nay vote
after a vote has been declared by the speaker.
(b) A motion to expunge a yea and nay vote from the journal
shall not be in order.
(c) The yeas and nays of the members of the house on final
passage of any bill, [and on] any joint resolution proposing or
ratifying a constitutional amendment, and any other resolution,
other than a resolution of a purely ceremonial or honorary nature,
shall be taken and entered in the journal. For purposes of this
subsection, a vote on final passage includes [means] a vote on:
(1) third reading;
(2) second reading if the house suspends or otherwise
dispenses with the requirement for three readings;
(3) whether to concur in the senate's amendments; or
(4) whether to adopt a conference committee report.
Sec. 51A. REAL-TIME ACCESS BY PUBLIC TO YEAS AND NAYS. The
Committee on House Administration shall ensure that:
(1) the recorded yeas and nays are available to the
public on the Internet and on any televised broadcast of the house
proceedings produced by or under the direction of the house; and
(2) members of the public may view the yeas and nays in
real time to the extent possible on the Internet and on any
televised broadcast of the house proceedings produced by or under
the direction of the house.
Sec. 52. JOURNAL RECORDING OF VOTES ON ANY QUESTION. On
any question where a record of the yeas and nays has not been
ordered, members may have their votes recorded in the journal as
"yea" or "nay" by filing such information with the journal clerk
before adjournment or recess to another calendar day.
Sec. 53. CHANGING A VOTE. Before the result of a vote has
been finally and conclusively pronounced by the chair, but not
thereafter, a member may change his or her vote; however, if a
member's vote is erroneous, the member shall be allowed to change
that vote at a later time provided:
(1) the result of the record vote is not changed
thereby;
(2) the request is made known to the house by the chair
and permission for the change is granted by unanimous consent; and
(3) a notation is made in the journal that the member's
vote was changed.
Sec. 54. TIE VOTE. All matters on which a vote may be taken
by the house shall require for adoption a favorable affirmative
vote as required by these rules, and in the case of a tie vote, the
matter shall be considered lost.
Sec. 55. VERIFICATION OF A YEA AND NAY VOTE. When the
result of a yea and nay vote is close, the speaker may on the request
of any member order a verification vote, or the speaker may order a
verification on his or her own initiative. During verification, no
member shall change a vote unless it was erroneously recorded, nor
may any member not having voted cast a vote; however, when the clerk
errs in reporting the yeas and nays, and correction thereof leaves
decisive effect to the speaker's vote, the speaker may exercise the
right to vote, even though the result has been announced. A
verification shall be called for immediately after the vote is
announced. The speaker shall not entertain a request for
verification after the house has proceeded to the next question, or
after a recess or an adjournment. A vote to recess or adjourn, like
any other proposition, may be verified. Only one vote verification
can be pending at a time. A verification may be dispensed with by a
two-thirds vote.
Sec. 56. VERIFICATION OF A REGISTRATION. The speaker may
allow the verification of a registration (as differentiated from a
record vote) if in the speaker's opinion there is serious doubt as
to the presence of a quorum.
Sec. 57. MOTION FOR A CALL OF THE HOUSE PENDING
VERIFICATION. A motion for a call of the house, and all incidental
motions relating to it, shall be in order pending the verification
of a vote. These motions must be made before the roll call on
verification begins, and it shall not be in order to break into the
roll call to make them.
Sec. 58. ERRONEOUS ANNOUNCEMENT OF THE RESULT OF A
VOTE. If, by an error of the voting clerk or reading clerk in
reporting the yeas and nays from a registration or verification,
the speaker announces a result different from that shown by the
registration or verification, the status of the question shall be
determined by the vote as actually recorded. If the vote is
erroneously announced in such a way as to change the true result,
all subsequent proceedings in connection therewith shall fail, and
the journal shall be amended accordingly.
RULE 6. ORDER OF BUSINESS AND CALENDARS
Sec. 1. DAILY ORDER OF BUSINESS. (a) When the house
convenes on a new legislative day, the daily order of business shall
be as follows:
(1) Call to order by speaker.
(2) Registration of members.
(3) Prayer by chaplain, unless the invocation has been
given previously on the particular calendar day.
(4) Pledge of allegiance to the United States flag.
(5) Pledge of allegiance to the Texas flag.
(6) Excuses for absence of members and officers.
(7) First reading and reference to committee of bills
filed with the chief clerk; and motions to introduce bills, when
such motions are required.
(8) Requests to print bills and other papers; requests
of committees for further time to consider papers referred to them;
and all other routine motions and business not otherwise provided
for, all of which shall be undebatable except that the mover and one
opponent of the motion shall be allowed three minutes each.
The mover of a routine motion shall be allowed his or her
choice of making the opening or the closing speech under this rule.
If the house, under a suspension of the rules, extends the time of a
member under this rule, such extensions shall be for three minutes.
Subsidiary motions that are applicable to routine motions shall be
in order, but the makers of such subsidiary motions shall not be
entitled to speak thereon in the routine motion period, nor shall
the authors of the original routine motions be allowed any
additional time because of subsidiary motions.
(9) Unfinished business.
(10) Third reading calendars of the house in their
order of priority in accordance with Section 7 of this rule, unless
a different order is determined under other provisions of these
rules.
(11) Postponed matters to be laid before the house in
accordance with Rule 7, Section 15.
(12) Second reading calendars of the house in their
order of priority in accordance with Section 7 of this rule, unless
a different order is determined under other provisions of these
rules.
(b) When the house reconvenes for the first time on a new
calendar day following a recess, the daily order of business shall
be:
(1) Call to order by the speaker.
(2) Registration of members.
(3) Prayer by the chaplain.
(4) Pledge of allegiance to the United States flag.
(5) Pledge of allegiance to the Texas flag.
(6) Excuses for absence of members and officers.
(7) Pending business.
(8) Calendars of the house in their order of priority
in accordance with Section 7 of this rule, unless a different order
is determined under other provisions of these rules.
Sec. 2. SPECIAL ORDERS. (a) Any bill, resolution, or
other measure may on any day be made a special order for the same day
or for a future day of the session by an affirmative vote of
two-thirds of the members present. A motion to set a special order
shall be subject to the three-minute pro and con debate rule. When
once established as a special order, a bill, resolution, or other
measure shall be considered from day to day until disposed of; and
until it has been disposed of, no further special orders shall be
made.
A three-fourths vote of the members present shall be required
to suspend the portion of this rule which specifies that only one
special order may be made and pending at a time.
(b) After the first eight items under the daily order of
business for a legislative day have been passed, a special order
shall have precedence when the hour for its consideration has
arrived, except as provided in Section 9 of this rule.
(c) After the 115th day of a regular session, if a joint
resolution has appeared on a daily house calendar and is adopted,
and a bill that is enabling legislation for the joint resolution is
either on or eligible to be placed on a calendar, the author or
sponsor of the bill or another member may immediately be recognized
for a motion to set the bill that is the enabling legislation as a
special order pursuant to this section. For purposes of this
subsection, the bill must have been designated as the enabling
legislation for the joint resolution in writing filed with the
chief clerk not later than the date the committee report for the
enabling legislation is printed and distributed.
Sec. 3. POSTPONEMENT OF A SPECIAL ORDER. A special order
may be postponed to a day certain by a two-thirds vote of those
present, and when so postponed, shall be considered as disposed of
so far as its place as a special order is concerned.
Sec. 4. TABLED MEASURES AS SPECIAL ORDERS. A bill or
resolution laid on the table subject to call may be made a special
order.
Sec. 5. SUBSTITUTION IN MOTION FOR A SPECIAL ORDER. When a
motion is pending to set a particular bill or resolution as a
special order, it shall not be in order to move as a substitute to
set another bill or resolution as a special order. It shall be in
order, however, to substitute, by majority vote, a different time
for the special order consideration than that given in the original
motion.
Sec. 6. MEMBER'S SUSPENSION AND SPECIAL ORDER PRIVILEGES.
If a member moves to set a bill or joint resolution as a special
order, or moves to suspend the rules to take up a bill or joint
resolution out of its regular order, and the motion prevails, the
member shall not have the right to make either of these motions
again until every other member has had an opportunity, via either of
these motions, to have some bill or joint resolution considered out
of its regular order during that session of the legislature. A
member shall not lose the suspension privilege if the motion to
suspend or set for special order does not prevail.
Sec. 7. SYSTEM OF CALENDARS. (a) Legislative business of
the house shall be controlled by a system of calendars, consisting
of the following:
(1) EMERGENCY CALENDAR, on which shall appear bills
considered to be of such pressing and imperative import as to demand
immediate action, bills to raise revenue and levy taxes, and the
general appropriations bill. A bill submitted as an emergency
matter by the governor may also be placed on this calendar.
(2) MAJOR STATE CALENDAR, on which shall appear bills
of statewide effect, not emergency in nature, which establish or
change state policy in a major field of governmental activity and
which will have a major impact in application throughout the state
without regard to class, area, or other limiting factors.
(3) CONSTITUTIONAL AMENDMENTS CALENDAR, on which
shall appear joint resolutions proposing amendments to the Texas
Constitution, joint resolutions proposing the ratification of
amendments to the Constitution of the United States, and joint
resolutions applying to Congress for a convention to amend the
Constitution of the United States.
(4) GENERAL STATE CALENDAR, on which shall appear
bills of statewide effect, not emergency in nature, which establish
or change state law and which have application to all areas but are
limited in legal effect by classification or other factors which
minimize the impact to something less than major state policy, and
bills, not emergency in nature, which are not on the local, consent,
and resolutions calendar.
(5) LOCAL, CONSENT, AND RESOLUTIONS CALENDAR, on which
shall appear bills, house resolutions, and concurrent resolutions,
not emergency in nature, regardless of extent and scope, on which
there is such general agreement as to render improbable any
opposition to the consideration and passage thereof, and which have
been recommended by the appropriate standing committee for
placement on the local, consent, and resolutions calendar by the
Committee on Local and Consent Calendars.
(6) RESOLUTIONS CALENDAR, on which shall appear house
resolutions and concurrent resolutions, not emergency in nature and
not privileged.
(7) CONGRATULATORY AND MEMORIAL RESOLUTIONS CALENDAR,
on which shall appear congratulatory and memorial resolutions whose
sole intent is to congratulate, memorialize, or otherwise express
concern or commendation. The Committee on [Rules and] Resolutions
Calendars may provide separate categories for congratulatory and
memorial resolutions.
(b) A calendars committee shall strictly construe and the
speaker shall strictly enforce this system of calendars.
Sec. 8. SENATE BILL CALENDARS. (a) Senate bills and
resolutions pending in the house shall follow the same procedure
with regard to calendars as house bills and resolutions, but
separate calendars shall be maintained for senate bills and
resolutions, and consideration of them on senate bill days shall
have priority in the manner and order specified in this rule.
(b) No other business shall be considered on days devoted to
the consideration of senate bills when there remain any bills on any
of the senate calendars, except with the consent of the senate. When
all senate calendars are clear, the house may proceed to
consideration of house calendars on senate bill days.
Sec. 9. SENATE BILL DAYS. (a) On calendar Wednesday and
on calendar Thursday of each week, only senate bills and senate
resolutions shall be taken up and considered, until disposed of.
Senate bills and senate resolutions shall be considered in the
order prescribed in Section 7 of this rule on separate senate
calendars prepared by the Committee on Calendars. In case a senate
bill or senate resolution is pending at adjournment on calendar
Thursday, it shall go over to the succeeding calendar Wednesday as
unfinished business.
(b) Precedence given in Rule 8 to certain classes of bills
during the first 60 calendar days of a regular session shall also
apply to senate bills on senate bill days.
Sec. 10. CONSIDERATION OF SENATE BILL ON SAME
SUBJECT. When any house bill is reached on the calendar or is
before the house for consideration, it shall be the duty of the
speaker to give the place on the calendar of the house bill to any
senate bill containing the same subject that has been referred to
and reported from a committee of the house and to lay the senate
bill before the house, to be considered in lieu of the house bill.
Sec. 11. PERIODS FOR CONSIDERATION OF CONGRATULATORY AND
MEMORIAL CALENDARS. As the volume of legislation shall warrant,
the chair of the Committee on [Rules and] Resolutions Calendars
shall move to designate periods for the consideration of
congratulatory and memorial calendars. Each such motion shall
require a two-thirds vote for its adoption. In each instance, the
Committee on [Rules and] Resolutions Calendars shall prepare and
post on the electronic legislative information system a calendar at
least 24 hours in advance of the hour set for consideration. No
memorial or congratulatory resolution will be heard by the full
house without having first been approved, at least 24 hours in
advance, by a majority of the membership of the Committee on [Rules
and] Resolutions Calendars, in accordance with Rule 4, Section 16.
It shall not be necessary for the Committee on [Rules and]
Resolutions Calendars to report a memorial or congratulatory
resolution from committee in order to place the resolution on a
congratulatory and memorial calendar. If the Committee on [Rules
and] Resolutions Calendars determines that a resolution is not
eligible for placement on the congratulatory and memorial calendar
the measure shall be sent to the Committee on Calendars for further
action. A congratulatory and memorial calendar will contain the
resolution number, the author's name, and a brief description of
the intent of the resolution. On the congratulatory and memorial
calendar, congratulatory resolutions may be listed separately from
memorial resolutions. Once a calendar is posted, no additional
resolutions will be added to it, and the requirements of this
section shall not be subject to suspension.
Sec. 12. PROCEDURE FOR CONSIDERATION OF CONGRATULATORY AND
MEMORIAL CALENDARS. During the consideration of a congratulatory
and memorial calendar, resolutions shall not be read in full unless
they pertain to members or former members of the legislature, or
unless the intended recipient of the resolution is present on the
house floor or in the gallery. All other such resolutions shall be
read only by number, type of resolution, and name of the person or
persons designated in the resolutions. Members shall notify the
chair, in advance of consideration of the calendar, of any
resolutions that will be required to be read in full. In addition,
the following procedures shall be observed:
(1) The chair shall recognize the reading clerk to
read the resolutions within each category on the calendar only by
number, type of resolution, author or sponsor, and name of the
person or persons designated in the resolutions, except for those
resolutions that have been withdrawn or that are required to be read
in full. The resolutions read by the clerk shall then be adopted in
one motion for each category.
(2) Subsequent to the adoption of the resolutions read
by the clerk, the chair shall proceed to lay before the house the
resolutions on the calendar that are required to be read in full.
Each such resolution shall be read and adopted individually.
(3) If it develops that any resolution on the
congratulatory and memorial calendar does not belong on that
calendar, the chair shall withdraw the resolution from further
consideration, remove it from the calendar, and refer it to the
appropriate calendars committee for placement on the proper
calendar.
Sec. 13. PERIODS FOR CONSIDERATION OF LOCAL, CONSENT, AND
RESOLUTIONS CALENDARS. (a) As the volume of legislation shall
warrant, the chair of the Committee on Local and Consent Calendars
shall move to designate periods for the consideration of local,
consent, and resolutions calendars. Each such motion shall require
a two-thirds vote for its adoption. In each instance, the Committee
on Local and Consent Calendars shall prepare and post on the
electronic legislative information system a calendar at least 48
hours in advance of the hour set for consideration. Once a calendar
is posted, no additional bills or resolutions will be added to it.
This requirement can be suspended only by unanimous consent. No
local, consent, and resolutions calendar may be considered by the
house if it is determined that the rules of the house were not
complied with by the Committee on Local and Consent Calendars in
preparing that calendar.
(b) The period designated for the consideration of a local,
consent, and resolutions calendar under this section or under a
special order under Section 2 of this rule may not exceed one
calendar day.
Sec. 14. PROCEDURE FOR CONSIDERATION OF LOCAL, CONSENT, AND
RESOLUTIONS CALENDARS. During the consideration of a local,
consent, and resolutions calendar set by the Committee on Local and
Consent Calendars the following procedures shall be observed:
(1) The chair shall allow the sponsor of each bill or
resolution three minutes to explain the measure, and the time shall
not be extended except by unanimous consent of the house. This rule
shall have precedence over all other rules limiting time for
debate.
(2) If it develops that any bill or resolution on a
local, consent, and resolutions calendar is to be contested on the
floor of the house under Subdivision (3) or (4) of this section, the
chair shall withdraw the bill or resolution from further
consideration and remove it from the calendar.
(3) Any bill or resolution on a local, consent, and
resolutions calendar shall be considered contested if notice is
given by five or more members present in the house under Rule 5,
Section 45, that they intend to oppose the bill or resolution,
either by a raising of hands or the delivery of written notice to
the chair.
(4) Any bill or resolution on a local, consent, and
resolutions calendar shall be considered contested if debate
exceeds 10 minutes, after the chair lays out the bill or resolution
following the sponsor's explanation under Subdivision (1) of this
section. The chair shall strictly enforce this time limit and
automatically withdraw the bill from further consideration if the
time limit herein imposed is exceeded.
(5) Any bill or resolution on a local, consent, and
resolutions calendar that is not reached for floor consideration
because of the expiration of the calendar day period for
consideration established by Section 13 of this rule shall carry
over onto the next local, consent, and resolutions calendar. Bills
or resolutions that carry over must appear in the same relative
order as on the calendar on which the bills or resolutions initially
appeared, and bills or resolutions originally from older calendars
must appear before those originally from more recent calendars.
(6) A motion to postpone a bill or resolution on a
local, consent, and resolutions calendar to a subsequent
legislative or calendar day requires an affirmative vote of
two-thirds of the members present.
Sec. 15. ORDER OF CONSIDERATION OF CALENDARS. Except for
local, consent, and resolutions calendars and congratulatory and
memorial calendars, consideration of calendars shall be in the
order named in Section 7 of this rule, subject to any exceptions
ordered by the Committee on Calendars. Bills and resolutions on
third reading shall have precedence over bills and resolutions on
second reading.
Sec. 16. DAILY CALENDARS, SUPPLEMENTAL CALENDARS, AND LISTS
OF ITEMS ELIGIBLE FOR CONSIDERATION. (a) Calendars shall be
prepared daily when the house is in session. A calendar must be
posted on the electronic legislative information system at least 36
hours if convened in regular session and 24 hours if convened in
special session before the calendar may be considered by the house,
except as otherwise provided by these rules for the calendar on
which the general appropriations bill is first eligible for
consideration on second reading when convened in regular session.
A calendar that contains a bill extending an agency, commission, or
advisory committee under the Texas Sunset Act must be posted at
least 48 hours if convened in regular or special session before the
calendar may be considered by the house. Deviations from the
calendars as posted shall not be permitted except that the
Committee on Calendars shall be authorized to prepare and post, not
later than two hours before the house convenes, a supplemental
daily house calendar, on which shall appear:
(1) bills or resolutions which were passed to third
reading on the previous legislative day, except as provided by
Section 24(b) of this rule;
(2) bills or resolutions which appeared on the Daily
House Calendar for a previous calendar day which were not reached
for floor consideration;
(3) postponed business from a previous calendar day;
and
(4) notice to take from the table a bill or resolution
which was laid on the table subject to call on a previous
legislative day.
In addition to the items listed above, the bills and
resolutions from a daily house calendar that will be eligible for
consideration may be incorporated, in their proper order as
determined by these rules, into the supplemental daily house
calendar.
(a-1) If the house is convened in regular session, the
calendar on which the general appropriations bill is first eligible
for consideration on second reading must be posted on the
electronic legislative information system at least 144 hours before
the calendar may be considered by the house. The posted calendar
must indicate the date and time at which the calendar is scheduled
for consideration by the house, which date and time must be in
accordance with Rule 8, Section 14.
(b) In addition, when the volume of legislation shall
warrant, and upon request of the speaker, the chief clerk shall have
prepared a list of Items Eligible for Consideration, on which shall
appear only:
(1) house bills with senate amendments that are
eligible for consideration under Rule 13, Section 5, including the
number of senate amendments and the total number of pages of senate
amendments;
(2) senate bills for which the senate has requested
appointment of a conference committee; and
(3) conference committee reports that are eligible for
consideration under Rule 13, Section 10.
(c) The list of Items Eligible for Consideration must be
posted on the electronic legislative information system at least
six hours before the list may be considered by the house.
(d) The time at which a calendar or list is posted on the
electronic legislative information system shall be time-stamped on
the originals of the calendar or list.
(e) No house calendar shall be eligible for consideration if
it is determined that the rules of the house were not complied with
by the Committee on Calendars in preparing that calendar.
(f) If the Committee on Calendars has proposed a rule for
floor consideration of a bill or resolution that is eligible to be
placed on a calendar of the daily house calendar, the rule must be
printed and a copy distributed to each member. If the bill or
resolution to which the rule will apply has already been placed on a
calendar of the daily house calendar, a copy of the rule must also
be posted with the calendar on which the bill or resolution appears.
The speaker shall lay a proposed rule before the house prior to the
consideration of the bill or resolution to which the rule will
apply. The rule shall be laid before the house not earlier than six
hours after a copy of the rule has been distributed to each member
in accordance with this subsection. The rule shall not be subject
to amendment, but to be effective, the rule must be approved by the
house by an affirmative vote of two-thirds of those members present
and voting, except that the rule must be approved by an affirmative
vote of a majority of those members present and voting if the rule
applies to a tax bill, an appropriations bill, or a redistricting
bill. If approved by the house in accordance with this subsection,
the rule will be effective for the consideration of the bill or
resolution on both second and third readings.
Sec. 17. POSITION ON A CALENDAR. (a) Unless removed from
the calendar under Subsection (b) of this section, once a bill or
resolution is placed on its appropriate calendar under these rules,
and has appeared on a house calendar, as posted on the electronic
legislative information system, the bill shall retain its relative
position on the calendar until reached for floor consideration, and
the calendars committee with jurisdiction over the bill or
resolution shall have no authority to place other bills on the
calendar ahead of that bill, but all additions to the calendar shall
appear subsequent to the bill.
(b) If a bill or resolution that has been placed on a house
calendar, as posted on the electronic legislative information
system, is recommitted or withdrawn from further consideration, the
bill or resolution relinquishes its position on the calendar, and
the bill or resolution shall be removed from the calendar.
Sec. 18. REQUIREMENTS FOR PLACEMENT ON A CALENDAR. Except
as provided in Section 11 of this rule as it relates to
congratulatory and memorial resolutions, no bill or resolution
shall be placed on a calendar until:
(1) it has been referred to and reported from its
appropriate standing committee by favorable committee action; or
(2) it is ordered printed on minority report or after a
committee has reported its inability to recommend a course of
action.
Sec. 19. REFERRAL TO CALENDARS COMMITTEES. All bills and
resolutions, on being reported from committee, shall be referred
immediately to the committee coordinator for printing and then to
the appropriate calendars committee for placement on the
appropriate calendar.
Sec. 20. TIME LIMIT FOR VOTE TO PLACE ON A CALENDAR. Within
30 calendar days after a bill or resolution has been referred to the
appropriate calendars committee, the committee must vote on whether
to place the bill or resolution on one of the calendars of the daily
house calendar or the local, consent, and resolutions calendar, as
applicable. A vote against placement of the bill or resolution on a
calendar does not preclude a calendars committee from later voting
in favor of placement of the bill or resolution on a calendar.
Sec. 21. MOTION TO PLACE ON A CALENDAR. (a) When a bill or
resolution has been in the appropriate calendars committee for 30
calendar days, exclusive of the calendar day on which it was
referred, awaiting placement on one of the calendars of the daily
house calendar or on the local, consent, and resolutions calendar,
it shall be in order for a member to move that the bill or resolution
be placed on a specific calendar of the daily house calendar or on
the local, consent, and resolutions calendar without action by the
committee. This motion must be seconded by five members and shall
require a majority vote for adoption.
(b) A motion to place a bill or resolution on a specific
calendar of the daily house calendar or on the local, consent, and
resolutions calendar is not a privileged motion and must be made
during the routine motion period unless made under a suspension of
the rules.
Sec. 22. REQUEST FOR PLACEMENT ON LOCAL, CONSENT, AND
RESOLUTIONS CALENDAR. No bill or resolution shall be considered
for placement on the local, consent, and resolutions calendar by
the Committee on Local and Consent Calendars unless a request for
that placement has been made to the chair of the standing committee
from which the bill or resolution was reported and unless the
committee report of the standing committee recommends that the bill
or resolution be sent to the Committee on Local and Consent
Calendars for placement on the local, consent, and resolutions
calendar. The recommendation of the standing committee shall be
advisory only, and the Committee on Local and Consent Calendars
shall have final authority to determine whether or not a bill or
resolution shall be placed on the local, consent, and resolutions
calendar. If the Committee on Local and Consent Calendars
determines that the bill or resolution is not eligible for
placement on the local, consent, and resolutions calendar, the
measure shall be sent to the Committee on Calendars for further
action.
Sec. 23. QUALIFICATIONS FOR PLACEMENT ON THE LOCAL,
CONSENT, AND RESOLUTIONS CALENDAR. (a) No bill defined as a local
bill by Rule 8, Section 10(c), shall be placed on the local,
consent, and resolutions calendar unless:
(1) evidence of publication of notice in compliance
with the Texas Constitution and these rules is filed with the
Committee on Local and Consent Calendars; and
(2) it has been recommended unanimously by the present
and voting members of the committee from which it was reported that
the bill be sent to the Committee on Local and Consent Calendars for
placement on the local, consent, and resolutions calendar.
(b) No other bill or resolution shall be placed on the
local, consent, and resolutions calendar unless it has been
recommended unanimously by the present and voting members of the
committee from which it was reported that the bill be sent to the
Committee on Local and Consent Calendars for placement on the
local, consent, and resolutions calendar.
(c) No bill or resolution shall be placed on the local,
consent, and resolutions calendar that:
(1) directly or indirectly prevents from being
available for purposes of funding state government generally any
money that under existing law would otherwise be available for that
purpose, including a bill that transfers or diverts money in the
state treasury from the general revenue fund to another fund; or
(2) authorizes or requires the expenditure or
diversion of state funds for any purpose, as determined by a fiscal
note attached to the bill.
Sec. 24. REPLACEMENT OF CONTESTED BILLS AND
RESOLUTIONS. (a) A bill on second reading or a resolution once
removed from the local, consent, and resolutions calendar by being
contested on the floor of the house under Section 14(3) or (4) of
this rule shall be returned to the Committee on Local and Consent
Calendars for further action. The Committee on Local and Consent
Calendars, if it feels such action is warranted, may again place the
bill or resolution on the local, consent, and resolutions calendar,
provided, however, that if the bill or resolution is not placed on
the next local, consent, and resolutions calendar set by the
Committee on Local and Consent Calendars, the bill or resolution
shall immediately be referred to the Committee on Calendars for
further action. If a [the] bill on second reading or a resolution
is then removed from the calendar a second time by being contested
on the floor of the house under Section 14(3) or (4) of this rule,
the bill or resolution shall not again be placed on the local,
consent, and resolutions calendar by the Committee on Local and
Consent Calendars during that session of the legislature but shall
be returned to the Committee on Calendars for further action.
(b) A bill on third reading removed from the local, consent,
and resolutions calendar under Section 14(3) or (4) of this rule
shall appear on the supplemental daily house calendar for the next
legislative day for which a supplemental daily house calendar has
not already been distributed, pursuant to Section 16(a)(1) of this
rule.
(c) This section does not apply to a bill or resolution on
the local, consent, and resolutions calendar that is withdrawn from
the calendar at the request of the author or sponsor without being
contested under Section 14(3) or (4) of this rule. A bill or
resolution withdrawn under this subsection shall be returned to the
Committee on Local and Consent Calendars for further action. The
Committee on Local and Consent Calendars, if it feels such action is
warranted, may again place the bill or resolution on the local,
consent, and resolutions calendar or refer the bill or resolution
to the Committee on Calendars for further action.
Sec. 25. DISCRETION IN PLACEMENT ON CALENDARS. Subject to
the limitations contained in this rule, the Committee on Calendars
shall have full authority to make placements on calendars in
whatever order is necessary and desirable under the circumstances
then existing, except that bills on third reading shall have
precedence over bills on second reading. It is the intent of the
calendar system to give the Committee on Calendars wide discretion
to insure adequate consideration by the house of important
legislation.
RULE 7. MOTIONS
CHAPTER A. GENERAL MOTIONS
Sec. 1. MOTIONS DECIDED WITHOUT DEBATE. The following
motions, in addition to any elsewhere provided herein, shall be
decided without debate, except as otherwise provided in these
rules:
(1) to adjourn;
(2) to lay on the table;
(3) to lay on the table subject to call;
(4) to suspend the rule as to the time for introduction
of bills;
(5) to order a call of the house, and all motions
incidental thereto;
(6) an appeal by a member called to order;
(7) on questions relating to priority of business;
(8) to amend the caption of a bill or resolution;
(9) to extend the time of a member speaking under the
previous question or to allow a member who has the right to speak
after the previous question is ordered to yield the time, or a part
of it, to another;
(10) to reconsider and table.
Sec. 2. MOTIONS SUBJECT TO DEBATE. The speaker shall permit
the mover and one opponent of the motion three minutes each during
which to debate the following motions without debating the merits
of the bill, resolution, or other matter, and the mover of the
motion may elect to either open the debate or close the debate, but
the mover's time may not be divided:
(1) to suspend the regular order of business and take
up some measure out of its regular order;
(2) to instruct a committee to report a certain bill or
resolution;
(3) to rerefer a bill or resolution from one committee
to another;
(4) to place a bill or resolution on a specific
calendar without action by the appropriate calendars committee;
(5) to take up a bill or resolution laid on the table
subject to call;
(6) to set a special order;
(7) to suspend the rules;
(8) to suspend the constitutional rule requiring bills
to be read on three several days;
(9) to pass a resolution suspending the joint rules;
(10) to order the previous question;
(11) to order the limiting of amendments to a bill or
resolution;
(12) to print documents, reports, or other material in
the journal;
(13) to take any other action required or permitted
during the routine motion period by Rule 6, Section 1;
(14) to divide the question.
Sec. 3. MOTIONS ALLOWED DURING DEBATE. When a question is
under debate, the following motions, and none other, shall be in
order, and such motions shall have precedence in the following
order:
(1) to adjourn;
(2) to take recess;
(3) to lay on the table;
(4) to lay on the table subject to call;
(5) for the previous question;
(6) to postpone to a day certain;
(7) to commit, recommit, refer, or rerefer;
(8) to amend by striking out the enacting or resolving
clause, which, if carried, shall have the effect of defeating the
bill or resolution;
(9) to amend;
(10) to postpone indefinitely.
Sec. 4. STATEMENT OR READING OF A MOTION. When a motion has
been made, the speaker shall state it, or if it is in writing, order
it read by the clerk; and it shall then be in possession of the
house.
Sec. 5. ENTRY OF MOTIONS IN JOURNAL. Every motion made to
the house and entertained by the speaker shall be reduced to writing
on the demand of any member, and shall be entered on the journal
with the name of the member making it.
Sec. 6. WITHDRAWAL OF A MOTION. A motion may be withdrawn
by the mover at any time before a decision on the motion, even
though an amendment may have been offered and is pending. It cannot
be withdrawn, however, if the motion has been amended. After the
previous question has been ordered, a motion can be withdrawn only
by unanimous consent.
Sec. 7. MOTIONS TO ADJOURN OR RECESS. A motion to adjourn
or recess shall always be in order, except:
(1) when the house is voting on another motion;
(2) when the previous question has been ordered and
before the final vote on the main question, unless a roll call shows
the absence of a quorum;
(3) when a member entitled to the floor has not yielded
for that purpose; or
(4) when no business has been transacted since a
motion to adjourn or recess has been defeated.
Sec. 8. CONSIDERATION OF SEVERAL MOTIONS TO ADJOURN OR
RECESS. When several motions to recess or adjourn are made at the
same period, the motion to adjourn carrying the shortest time shall
be put first, then the next shortest time, and in that order until a
motion to adjourn has been adopted or until all have been voted on
and lost; and then the same procedure shall be followed for motions
to recess.
Sec. 9. WITHDRAWAL OR ADDITION OF A MOTION TO ADJOURN OR
RECESS. A motion to adjourn or recess may not be withdrawn when it
is one of a series upon which voting has commenced, nor may an
additional motion to adjourn or recess be made when voting has
commenced on a series of such motions.
Sec. 10. RECONSIDERATION OF VOTE TO ADJOURN OR RECESS. The
vote by which a motion to adjourn or recess is carried or lost shall
not be subject to a motion to reconsider.
Sec. 11. ADJOURNING WITH LESS THAN A QUORUM. A smaller
number of members than a quorum may adjourn from day to day, and may
compel the attendance of absent members.
Sec. 12. MOTION TO TABLE. A motion to lay on the table, if
carried, shall have the effect of killing the bill, resolution,
amendment, or other immediate proposition to which it was applied.
Such a motion shall not be debatable, but the mover of the
proposition to be tabled, or the member reporting it from
committee, shall be allowed to close the debate after the motion to
table is made and before it is put to a vote. When a motion to table
is made to a debatable main motion, the main motion mover shall be
allowed 20 minutes to close the debate, whereas the movers of other
debatable motions sought to be tabled shall be allowed only 10
minutes to close. The vote by which a motion to table is carried or
lost cannot be reconsidered. After the previous question has been
ordered, a motion to table is not in order. The provisions of this
section do not apply to motions to "lay on the table subject to
call"; however, a motion to lay on the table subject to call cannot
be made after the previous question has been ordered.
Sec. 13. MATTERS TABLED SUBJECT TO CALL. When a bill,
resolution, or other matter is pending before the house, it may be
laid on the table subject to call, and one legislative day's notice,
as provided on the Supplemental House Calendar, must be given
before the proposition can be taken from the table, unless it is on
the same legislative day, in which case it can be taken from the
table at any time except when there is another matter pending before
the house. A bill, resolution, or other matter can be taken from
the table only by a majority vote of the house. When a special order
is pending, a motion to take a proposition from the table cannot be
made unless the proposition is a privileged matter.
Sec. 14. MOTION TO POSTPONE. (a) A motion to postpone to a
day certain may be amended and is debatable within narrow limits,
but the merits of the proposition sought to be postponed cannot be
debated. A motion to postpone indefinitely opens to debate the
entire proposition to which it applies.
(b) A motion to postpone a bill or resolution on a local,
consent, and resolutions calendar to a subsequent legislative or
calendar day requires an affirmative vote of two-thirds of the
members present.
Sec. 15. POSTPONED MATTERS. [(a)] A bill or proposition
postponed to a day certain shall be laid before the house at the
time on the calendar day to which it was postponed, provided it is
otherwise eligible under the rules and no other business is then
pending. If business is pending, the postponed matter shall be
deferred until the pending business is disposed of without
prejudice otherwise to its right of priority. When a privileged
matter is postponed to a particular time, and that time arrives, the
matter, still retaining its privileged nature, shall be taken up
even though another matter is pending.
[(b) Consideration of a bill postponed to a day certain from
the local, consent, and resolutions calendar is governed on second
reading by the rules applicable to the calendar from which it was
postponed to the extent practicable.]
Sec. 16. ORDER OF CONSIDERATION OF POSTPONED MATTERS. If
two or more bills, resolutions, or other propositions are postponed
to the same time, and are otherwise eligible for consideration at
that time, they shall be considered in the chronological order of
their setting.
Sec. 17. MOTION TO REFER. When motions are made to refer a
subject to a select or standing committee, the question on the
subject's referral to a standing committee shall be put first.
Sec. 18. MOTION TO RECOMMIT. A motion to recommit a bill,
after being defeated at the routine motion period, may again be made
when the bill itself is under consideration; however, a motion to
recommit a bill shall not be in order at the routine motion period
if the bill is then before the house as either pending business or
unfinished business.
A motion to recommit a bill or resolution can be made and
voted on even though the author, sponsor, or principal proponent is
not present.
Sec. 19. TERMS OF DEBATE ON MOTIONS TO REFER, REREFER,
COMMIT, OR RECOMMIT. A motion to refer, rerefer, commit, or
recommit is debatable within narrow limits, but the merits of the
proposition may not be brought into the debate. A motion to refer,
rerefer, commit, or recommit with instructions is fully debatable.
Sec. 20. RECOMMITTING TO COMMITTEE FOR A SECOND TIME.
Except as provided in Rule 4, Section 30, when a bill has been
recommitted once at any reading and has been reported adversely by
the committee to which it was referred, it shall be in order to
again recommit the bill only if a minority report has been filed in
the time required by the rules of the house. A two-thirds vote of
those present shall be required to recommit a second time.
CHAPTER B. MOTION FOR THE PREVIOUS QUESTION
Sec. 21. MOTION FOR THE PREVIOUS QUESTION. There shall be a
motion for the previous question, which shall be admitted only when
seconded by 25 members. It shall be put by the chair in this manner:
"The motion has been seconded. Three minutes pro and con debate
will be allowed on the motion for ordering the previous question."
As soon as the debate has ended, the chair shall continue: "As many
as are in favor of ordering the previous question on (here state on
which question or questions) will say 'Aye,'" and then, "As many as
are opposed say 'Nay.'" As in all other propositions, a motion for
the previous question may be taken by a record vote if demanded by
any member. If ordered by a majority of the members voting, a
quorum being present, it shall have the effect of cutting off all
debate, except as provided in Section 23 of this rule, and bringing
the house to a direct vote on the immediate question or questions on
which it has been asked and ordered.
Sec. 22. DEBATE ON MOTION FOR PREVIOUS QUESTION. On the
motion for the previous question, there shall be no debate except as
provided in Sections 2 and 21 of this rule. All incidental
questions of order made pending decision on such motion shall be
decided, whether on appeal or otherwise, without debate.
Sec. 23. LIMITATION OF DEBATE AFTER PREVIOUS QUESTION
ORDERED. After the previous question has been ordered, there shall
be no debate upon the questions on which it has been ordered, or
upon the incidental questions, except that the mover of the
proposition or any of the pending amendments or any other motions,
or the member making the report from the committee, or, in the case
of the absence of either of them, any other member designated by
such absentee, shall have the right to close the debate on the
particular proposition or amendment. Then a vote shall be taken
immediately on the amendments or other motions, if any, and then on
the main question.
Sec. 24. SPEAKING AND VOTING AFTER THE PREVIOUS QUESTION
ORDERED. All members having the right to speak after the previous
question has been ordered shall speak before the question is put on
the first proposition covered by the previous question. All votes
shall then be taken in the correct order, and no vote or votes shall
be deferred to allow any member to close on any one of the
propositions separately after the voting has commenced.
Sec. 25. SPEAKING ON AN AMENDMENT AS SUBSTITUTED. When an
amendment has been substituted and the previous question is then
moved on the adoption of the amendment as substituted, the author of
the amendment as substituted shall have the right to close the
debate on that amendment in lieu of the author of the original
amendment.
Sec. 26. SPEAKING ON A MOTION TO POSTPONE OR AMEND. When
the previous question is ordered on a motion to postpone
indefinitely or to amend by striking out the enacting clause of a
bill, the member moving to postpone or amend shall have the right to
close the debate on that motion or amendment, after which the mover
of the proposition or bill proposed to be so postponed or amended,
or the member reporting it from the committee, or, in the absence of
either of them, any other member designated by the absentee, shall
be allowed to close the debate on the original proposition.
Sec. 27. APPLICATION OF THE PREVIOUS QUESTION. The
previous question may be asked and ordered on any debatable single
motion or series of motions, or any amendment or amendments
pending, or it may be made to embrace all authorized debatable
motions or amendments pending and include the bill, resolution, or
proposition that is on second or third reading. The previous
question cannot be ordered, however, on the main proposition
without including other pending motions of lower rank as given in
Section 3 of this rule.
Sec. 28. LIMIT OF APPLICATION. The previous question shall
not extend beyond the final vote on a motion or sequence of motions
to which the previous question has been ordered.
Sec. 29. AMENDMENTS NOT YET LAID BEFORE THE HOUSE.
Amendments on the speaker's desk for consideration which have not
actually been laid before the house and read cannot be included
under a motion for the previous question.
Sec. 30. MOVING THE PREVIOUS QUESTION AFTER A MOTION TO
TABLE. If a motion to table is made directly to a main motion, the
motion for the previous question is not in order. In a case where an
amendment to a main motion is pending, and a motion to table the
amendment is made, it is in order to move the previous question on
the main motion, the pending amendment, and the motion to table the
amendment.
Sec. 31. NO SUBSTITUTE FOR MOTION FOR THE PREVIOUS
QUESTION. There is no acceptable substitute for a motion for the
previous question, nor can other motions be applied to it.
Sec. 32. MOTION FOR THE PREVIOUS QUESTION NOT SUBJECT TO
TABLING. The motion for the previous question is not subject to a
motion to table.
Sec. 33. MOTION TO ADJOURN AFTER MOTION FOR PREVIOUS
QUESTION ACCEPTED. The motion to adjourn is not in order after a
motion for the previous question is accepted by the chair, or after
the seconding of such motion and before a vote is taken.
Sec. 34. MOTIONS IN ORDER AFTER PREVIOUS QUESTION ORDERED.
After the previous question has been ordered, no motion shall be in
order until the question or questions on which it was ordered have
been voted on, without debate, except:
(1) a motion for a call of the house, and motions
incidental thereto;
(2) a motion to extend the time of a member closing on
a proposition;
(3) a motion to permit a member who has the right to
speak to yield the time or a part thereof to another member;
(4) a request for and a verification of a vote;
(5) a motion to reconsider the vote by which the
previous question was ordered. A motion to reconsider may be made
only once and that must be before any vote under the previous
question has been taken;
(6) a motion to table a motion to reconsider the vote
by which the previous question has been ordered;
(7) a double motion to reconsider and table the vote by
which the previous question was ordered.
Sec. 35. MOTION TO ADJOURN OR RECESS AFTER PREVIOUS
QUESTION ORDERED. No motion for an adjournment or a recess shall be
in order after the previous question is ordered until the final vote
under the previous question has been taken, unless the roll call
shows the absence of a quorum.
Sec. 36. ADJOURNING WITHOUT A QUORUM. When the house
adjourns without a quorum under the previous question, the previous
question shall remain in force and effect when the bill,
resolution, or other proposition is again laid before the house.
CHAPTER C. RECONSIDERATION
Sec. 37. MOTION TO RECONSIDER A VOTE. (a) When a question
has been decided by the house and the yeas and nays have been called
for and recorded, any member voting with the prevailing side may, on
the same legislative day, or on the next legislative day, move a
reconsideration; however, if a reconsideration is moved on the next
legislative day, it must be done before the order of the day, as
designated in the 10th item of Rule 6, Section 1(a), is taken up.
If the house refuses to reconsider, or on reconsideration, affirms
its decision, no further action to reconsider shall be in order.
(b) Where the yeas and nays have not been called for and
recorded, any member, regardless of whether he or she voted on the
prevailing side or not, may make the motion to reconsider; however,
even when the yeas and nays have not been recorded, the following
shall not be eligible to make a motion to reconsider:
(1) a member who was absent;
(2) a member who was paired and, therefore, did not
vote; and
(3) a member who was recorded in the journal as having
voted on the losing side.
(c) Except as otherwise provided by this subsection, a [A]
motion to reconsider the vote by which a bill, joint resolution, or
concurrent resolution was defeated is not in order unless a member
has previously provided at least one hour's notice of intent to make
the motion by addressing the house when the house is in session and
stating that a member intends to make a motion to reconsider the
vote by which the bill or resolution was defeated. It is not
necessary for the member providing the notice to be eligible to make
or to be the member who subsequently makes the motion to reconsider.
If notice of intent to make a motion to reconsider is given within
the period that the motion to reconsider may be made under
Subsection (a) of this section and that period expires during the
one-hour period required by this subsection, then the period within
which the motion may be made under Subsection (a) is extended by the
amount of time, not to exceed one hour during which the house is in
session, necessary to satisfy the one-hour notice required by this
subsection. This [For purposes of this] subsection does not apply
to[, a motion to reconsider includes] a motion to reconsider and
table or to [and] a motion to reconsider and spread on the journal,
if no business has been transacted after the defeat of the measure.
Sec. 38. DEBATE ON MOTION TO RECONSIDER. A motion to
reconsider shall be debatable only when the question to be
reconsidered is debatable. Even though the previous question was
in force before the vote on a debatable question was taken, debate
is permissible on the reconsideration of such debatable question.
Sec. 39. MAJORITY VOTE REQUIRED. Every motion to
reconsider shall be decided by a majority vote, even though the vote
on the original question requires a two-thirds vote for affirmative
action. If the motion to reconsider prevails, the question then
immediately recurs on the question reconsidered.
Sec. 40. WITHDRAWAL OF MOTION TO RECONSIDER. A motion to
reconsider cannot be withdrawn unless permission is given by a
majority vote of the house, and the motion may be called up by any
member.
Sec. 41. TABLING MOTION TO RECONSIDER. A motion to
reconsider shall be subject to a motion to table, which, if carried,
shall be a final disposition of the motion to reconsider.
Sec. 42. DOUBLE MOTION TO RECONSIDER AND TABLE. The double
motion to reconsider and table shall be in order. It shall be
undebatable. When carried, the motion to reconsider shall be
tabled. When it fails, the question shall then be on the motion to
reconsider, and the motion to reconsider shall, without further
action, be spread on the journal, but it may be called up by any
member, in accordance with the provisions of Section 43 of this
rule.
Sec. 43. DELAYED DISPOSITION OF MOTION TO RECONSIDER. (a)
If a motion to reconsider is not disposed of when made, it shall be
entered in the journal, and cannot, after that legislative day, be
called up and disposed of unless one legislative day's notice has
been given.
(b) Unless called up and disposed of prior to 72 hours
before final adjournment of the session, all motions to reconsider
shall be regarded as determined and lost.
(c) All motions to reconsider made during the last 72 hours
of the session shall be disposed of when made; otherwise, the motion
shall be considered as lost.
Sec. 44. MOTION TO RECONSIDER AND SPREAD ON JOURNAL. (a) A
member voting on the prevailing side may make a motion to reconsider
and spread on the journal, which does not require a vote, and on the
motion being made, it shall be entered on the journal. Any member,
regardless of whether he or she voted on the prevailing side or not,
who desires immediate action on a motion to reconsider which has
been spread on the journal, can call it up as soon as it is made, and
demand a vote on it, or can call it up and move to table it.
(b) If the motion to table the motion to reconsider is
defeated, the motion to reconsider remains spread on the journal
for future action; however, any member, regardless of whether he or
she voted on the prevailing side or not, can call the motion from
the journal for action by the house, and, once disposed of, no other
motion to reconsider can be made.
Sec. 45. MOTION TO REQUIRE COMMITTEE TO REPORT. (a) During
the first 76 calendar days of a regular session, when any bill,
resolution, or other paper has been in committee for 6 calendar
days, exclusive of the calendar day on which it was referred, it
shall be in order for a member to move that the committee be
required to report the same within 7 calendar days. This motion
shall require a two-thirds vote for passage.
(b) After the first 76 calendar days of a regular session,
when any bill, resolution, or other paper has been in committee for
6 calendar days, exclusive of the calendar day on which it was
referred, it shall be in order for a member to move that the
committee be required to report the same within 7 calendar days.
This motion shall require a majority vote for passage.
(c) A motion to instruct a committee to report is not a
privileged motion and must be made during the routine motion period
unless made under a suspension of the rules.
(d) The house shall have no authority to instruct a
subcommittee directly; however, instructions recognized under the
rules may be given to a committee and shall be binding on all
subcommittees.
Sec. 46. MOTION TO REREFER TO ANOTHER COMMITTEE. (a)
During the first 76 calendar days of a regular session, when any
bill, resolution, or other paper has been in committee for 7
calendar days after the committee was instructed by the house to
report that measure by a motion made under Section 45 of this rule,
it shall be in order for a member to move to rerefer the bill,
resolution, or other paper to a different committee. This motion
shall require a two-thirds vote for passage.
(b) After the first 76 calendar days of a regular session,
when any bill, resolution, or other paper has been in committee for
7 calendar days after the committee has been instructed to report
that measure by a motion made under Section 45 of this rule, it
shall be in order for a member to move to rerefer the bill,
resolution, or other paper to a different committee. This motion
shall require a majority vote for passage.
(c) A motion to rerefer a bill, resolution, or other paper
from one committee to another committee is not a privileged motion
and must be made during the routine motion period unless made under
a suspension of the rules.
RULE 8. BILLS
Sec. 1. CONTENTS OF BILLS. (a) Proposed laws or changes in
laws must be incorporated in bills, which shall consist of:
(1) a title or caption, beginning with the words "A
Bill to be Entitled An Act" and a brief statement that gives the
legislature and the public reasonable notice of the subject of the
proposed measure;
(2) an enacting clause, "Be It Enacted by the
Legislature of the State of Texas"; and
(3) the bill proper.
(b) A house bill that would impose, authorize, increase, or
change the rate or amount of a tax, assessment, surcharge, or fee
must include a short statement at the end of its title or caption
indicating the general effect of the bill on the tax, assessment,
surcharge, or fee, such as "imposing a tax (or assessment),"
"authorizing a surcharge (or fee)," or "increasing the rate (or
amount) of a tax."
(c) A house bill that would create a criminal offense,
increase the punishment for an existing criminal offense or
category of offenses, or change the eligibility of a person for
community supervision, parole, or mandatory supervision must
include a short statement at the end of its title or caption
indicating the general effect of the bill on the offense,
punishment, or eligibility, such as "creating a criminal offense,"
"increasing a criminal penalty," or "changing the eligibility for
community supervision (or parole or mandatory supervision)."
(d) A house bill that would create a requirement that an
individual or entity obtain a license, certificate, registration,
permit, or other authorization before engaging in a particular
occupation or profession or that would expand an existing
requirement to additional individuals or entities must include a
short statement at the end of its title or caption indicating the
general effect of the bill on the occupation or profession, such as
"requiring an occupational license" or "expanding the
applicability of an occupational license (or permit or
certificate)."
Sec. 2. PUBLISHING ACTS IN THEIR ENTIRETY. No law shall be
revived or amended by reference to its title. The act revived, or
the section or sections amended, shall be reenacted and published
at length. This rule does not apply to revisions adopted under
Article III, Section 43, of the Texas Constitution.
Sec. 3. LIMITING A BILL TO A SINGLE SUBJECT. Each bill
(except a general appropriations bill, which may embrace the
various subjects and accounts for which money is appropriated or a
revision adopted under Article III, Section 43, of the Texas
Constitution) shall contain only one subject.
Sec. 4. CHANGING GENERAL LAW THROUGH AN APPROPRIATIONS
BILL. A general law may not be changed by the provisions in an
appropriations bill.
Sec. 5. COAUTHORSHIP, JOINT AUTHORSHIP, SPONSORSHIP,
COSPONSORSHIP, AND JOINT SPONSORSHIP. (a) A house bill or
resolution may have only one primary author. The signature of the
primary author shall be the only signature that appears on the
measure filed with the chief clerk. The signatures of all coauthors
or joint authors shall appear on the appropriate forms in the chief
clerk's office.
(b) Any member may become the coauthor of a bill or
resolution by securing permission from the author. If permission
is secured from the author prior to the time the measure is filed
with the chief clerk, the primary author and the coauthor shall sign
the appropriate form, which shall be included with the measure when
it is filed with the chief clerk. If a member wishes to become the
coauthor of a measure after it has been filed, no action shall be
required by the house, but it shall be the duty of the member
seeking to be a coauthor to obtain written authorization on the
appropriate form from the author. This authorization shall be
filed with the chief clerk before the coauthor signs the form for
the bill or resolution. The chief clerk shall report daily to the
journal clerk the names of members filed as coauthors of bills or
resolutions. If a coauthor of a bill or resolution desires to
withdraw from such status, the member shall notify the chief clerk,
who in turn shall notify the journal clerk.
(c) The primary author of a measure may designate up to four
joint authors by providing written authorization on the appropriate
form to the chief clerk. If a member designated as a joint author
has not already signed on the measure as a coauthor, that member
must also sign the form before the records will reflect the joint
author status of that member. The names of all joint authors shall
be shown immediately following the primary author's name on all
official printings of the measure, on all house calendars, in the
house journal, and in the electronic legislative information
system.
(d) The determination of the house sponsor of a senate
measure is made at the time the measure is reported from committee.
In the case of multiple requests for house sponsorship, the house
sponsor of a senate measure shall be determined by the chair of the
committee, in consultation with the senate author of the measure.
The chair of the committee must designate a primary sponsor and may
designate up to four joint sponsors or an unlimited number of
cosponsors. The names of all joint sponsors shall be shown
immediately following the primary sponsor's name on all official
printings of the measure, on all house calendars, in the house
journal, and in the electronic legislative information system.
Sec. 6. FILING, FIRST READING, AND REFERRAL TO COMMITTEE.
Each bill shall be filed with the chief clerk when introduced and
shall be numbered in its regular order. Each bill shall be read
first time by caption and referred by the speaker to the appropriate
committee with jurisdiction.
Sec. 7. PREFILING. Beginning the first Monday after the
general election preceding the next regular legislative session, or
within 30 days prior to any special session, it shall be in order to
file with the chief clerk bills and resolutions for introduction in
that session. On receipt of the bills or resolutions, the chief
clerk shall number them and make them a matter of public record,
available for distribution. Once a bill or resolution has been so
filed, it may not be recalled. This shall apply only to
members-elect of the succeeding legislative session.
Sec. 8. DEADLINE FOR INTRODUCTION. (a) Bills and joint
resolutions introduced during the first 60 calendar days of the
regular session may be considered by the committees and in the house
and disposed of at any time during the session, in accordance with
the rules of the house. After the first 60 calendar days of a
regular session, any bill or joint resolution, except local bills,
emergency appropriations, and all emergency matters submitted by
the governor in special messages to the legislature, shall require
an affirmative vote of four-fifths of those members present and
voting to be introduced.
(b) In addition to a bill defined as a "local bill" under
Section 10(c) of this rule, a bill is considered local for purposes
of this section if it relates to a specified district created under
Article XVI, Section 59, of the Texas Constitution (water
districts, etc.), a specified hospital district, or another
specified special purpose district, even if neither these rules nor
the Texas Constitution require publication of notice for that bill.
Sec. 9. FILING. (a) A bill must be filed with the chief
clerk in the manner and in an electronic or other format specified
by the chief clerk at the time that the bill is introduced.
(b) A bill relating to conservation and reclamation
districts and governed by the provisions of Article XVI, Section
59, of the Texas Constitution must be filed with copies of the
notice to introduce the bill attached if the bill is intended to:
(1) create a particular conservation and reclamation
district; or
(2) amend the act of a particular conservation and
reclamation district to:
(A) add additional land to the district;
(B) alter the taxing authority of the district;
(C) alter the authority of the district with
respect to issuing bonds; or
(D) alter the qualifications or terms of office
of the members of the governing body of the district.
Sec. 10. LOCAL BILLS. (a) The house may not consider a
local bill unless notice of intention to apply for the passage of
the bill was published as provided by law and evidence of the
publication is attached to the bill. If not attached to the bill on
filing with the chief clerk or receipt of the bill from the senate,
copies of the evidence of timely publication shall be filed with the
chief clerk and must be distributed to the members of the committee
not later than the first time the bill is laid out in a committee
meeting. The evidence shall be attached to the bill on first
printing and shall remain with the measure throughout the entire
legislative process, including submission to the governor.
(b) Neither the house nor a committee of the house may
consider a bill whose application is limited to one or more
political subdivisions by means of population brackets or other
artificial devices in lieu of identifying the political subdivision
or subdivisions by name. However, this subsection does not prevent
consideration of a bill that classifies political subdivisions
according to a minimum or maximum population or other criterion
that bears a reasonable relation to the purpose of the proposed
legislation or a bill that updates laws based on population
classifications to conform to a federal decennial census.
(c) Except as provided by Subsection (d) of this section,
"local bill" for purposes of this section means:
(1) a bill for which publication of notice is required
under Article XVI, Section 59, of the Texas Constitution (water
districts, etc.);
(2) a bill for which publication of notice is required
under Article IX, Section 9, of the Texas Constitution (hospital
districts);
(3) a bill relating to hunting, fishing, or
conservation of wildlife resources of a specified locality;
(4) a bill creating or affecting a county court or
statutory court or courts of one or more specified counties or
municipalities;
(5) a bill creating or affecting the juvenile board or
boards of a specified county or counties; or
(6) a bill creating or affecting a road utility
district under the authority of Article III, Section 52, of the
Texas Constitution.
(d) A bill is not considered to be a local bill under
Subsection (c)(3), (4), or (5) if it affects a sufficient number of
localities, counties, or municipalities so as to be of general
application or of statewide importance.
Sec. 11. CONSIDERATION IN COMMITTEE. (a) No bill shall be
considered unless it first has been referred to a committee and
reported from it.
(b) After a bill has been recommitted, it shall be
considered by the committee as a new subject.
Sec. 12. ORDER OF CONSIDERATION. All bills and resolutions
before the house shall be taken up and acted on in the order in which
they appear on their respective calendars, and each calendar shall
have the priority accorded to it by the provisions of Rule 6,
Sections 7 and 8.
Sec. 13. DEADLINES FOR CONSIDERATION. (a) No house bill
that is local as defined by Section 10(c) of this rule and that
appears on a local, consent, and resolutions calendar shall be
considered for any purpose after the 130th day of a regular session,
except to:
(1) act on senate amendments;
(2) adopt a conference committee report;
(3) reconsider the bill to make corrections; or
(4) pass the bill notwithstanding the objections of
the governor.
(b) No other house bill or joint resolution shall be
considered on its second reading after the 122nd day of a regular
session if it appears on a daily or supplemental daily house
calendar, or for any purpose after the 123rd day of a regular
session, except to:
(1) act on senate amendments;
(2) adopt a conference committee report;
(3) reconsider the bill or resolution to make
corrections; or
(4) pass the bill notwithstanding the objections of
the governor.
(c) No senate bill or joint resolution shall be considered
on its second reading after the 134th day of a regular session if it
appears on a daily or supplemental daily house calendar, or for any
purpose after the 135th day of a regular session, except to:
(1) adopt a conference committee report;
(2) reconsider the bill or resolution to remove house
amendments;
(3) reconsider the bill or resolution to make
corrections; or
(4) pass the bill notwithstanding the objections of
the governor.
(d) The speaker shall not lay any bill or joint resolution
before the house or permit a vote to be taken on its passage on the
136th and 137th days of a regular session, except to:
(1) act on senate amendments;
(2) adopt a conference committee report;
(3) reconsider the bill or resolution to remove house
amendments;
(4) reconsider the bill or resolution to make
corrections; or
(5) pass the bill notwithstanding the objections of
the governor.
(e) The speaker shall not lay any bill or joint resolution
before the house or permit a vote to be taken on its passage on the
138th and 139th days of a regular session, except to:
(1) adopt a conference committee report;
(2) reconsider the bill or resolution to remove house
amendments;
(3) discharge house conferees and concur in senate
amendments;
(4) reconsider the bill or resolution to make
corrections; or
(5) pass the bill notwithstanding the objections of
the governor.
(f) No vote shall be taken upon the passage of any bill or
resolution within 24 hours of the final adjournment of a regular
session unless it be to reconsider the bill or resolution to make
corrections, or to adopt a corrective resolution.
(g) The clock of record for the house, as determined under
Rule 2, Section 2, shall be used to determine compliance with
deadlines and other time requirements of the Texas Constitution and
these rules. A motion to suspend this rule must be decided by a
record vote.
Sec. 14. DELIVERY PRIOR TO CONSIDERATION. (a) Each bill or
resolution, except the general appropriations bill, shall be
delivered to each member by making a copy of the bill or resolution
available in an electronic format for viewing by the member and,
when the electronic format copy of the appropriate printing becomes
available, by sending notice of that fact to a Capitol e-mail
address designated by the member, at least 36 hours if convened in
regular session and 24 hours if convened in special session before
the bill can be considered by the house on second reading. If a
member informs the chief clerk in writing that the member desires to
receive paper copies of bills and resolutions under this section in
addition to delivery in an electronic format, the chief clerk shall
place a paper copy of the bill or resolution in the newspaper box of
the member as soon as practicable after the electronic copies of the
bill or resolution are made available for viewing.
(a-1) A printed copy of the general appropriations bill
shall be placed in the newspaper mailbox of each member at least 168
hours during a regular session and at least 72 hours during a
special session before the bill can be considered by the house on
second reading.
(b) By majority vote, the house may order both the original
bill or resolution and the complete committee substitute to be
printed. It shall not be necessary for the house to order complete
committee substitutes printed in lieu of original bills.
(c) A two-thirds vote of the house is necessary to order
that bills, other than local bills, be not printed. It shall not be
necessary for the house to order that local bills be not printed.
Sec. 15. REQUIREMENT FOR THREE READINGS. A bill shall not
have the force of law until it has been read on three several
legislative days in each house and free discussion allowed, unless
this provision is suspended by a vote of four-fifths of the members
present and voting, a quorum being present. The yeas and nays shall
be taken on the question of suspension and entered in the journal.
Sec. 16. CONSIDERATION SECTION BY SECTION. (a) During the
consideration of any bill or resolution, the house may, by a
majority vote, order the bill or resolution to be considered
section by section, or department by department, until each section
or department has been given separate consideration. If such a
procedure is ordered, only amendments to the section or department
under consideration at that time shall be in order. However, after
each section or department has been considered separately, the
entire bill or resolution shall be open for amendment, subject to
the provisions of Rule 11, Section 8(b). Once the consideration of
a bill section by section or department by department has been
ordered, it shall not be in order to move the previous question on
the entire bill, to recommit it, to lay it on the table, or to
postpone it, until each section or department has been given
separate consideration or until the vote by which section by
section consideration was ordered is reconsidered.
(b) A motion to consider a bill section by section is
debatable within narrow limits; that is, the pros and cons of the
proposed consideration can be debated but not the merits of the
bill.
Sec. 17. PASSAGE TO ENGROSSMENT OR THIRD READING. After a
bill or complete committee substitute for a bill has been taken up
and read, amendments shall be in order. If no amendment is made, or
if those proposed are disposed of, then the final question on its
second reading shall be, in the case of a house bill, whether it
shall be passed to engrossment, or, in the case of a senate bill,
whether it shall pass to its third reading. All bills ordered
passed to engrossment or passed to a third reading shall remain on
the calendar on which placed, but with future priority over bills
that have not passed second reading.
Sec. 18. CERTIFICATION OF FINAL PASSAGE. The chief clerk
shall certify the final passage of each bill, noting on the bill the
date of its passage, and the vote by which it passed, if by a yea and
nay vote.
Sec. 19. EFFECTIVE DATE. Every law passed by the
legislature, except the General Appropriations Act, shall take
effect or go into force on the 91st day after the adjournment of the
session at which it was enacted, unless the legislature provides
for an earlier effective date by a vote of two-thirds of all the
members elected to each house. The vote shall be taken by yeas and
nays and entered in the journals.
Sec. 20. BILLS CONTAINING SAME SUBSTANCE AS DEFEATED BILL.
After a bill or resolution has been considered and defeated by
either house of the legislature, no bill or resolution containing
the same substance shall be passed into law during the same session.
Sec. 21. CONSIDERATION OF BILLS INVOLVING STATE FUNDS. (a)
In order to assure the continuation of financial support of
existing state services through the passage of the general
appropriations bill, it shall not be in order during the first 118
days of the regular session for the speaker to lay before the house,
prior to the consideration, passage, and certification by the
comptroller of the general appropriations bill, any bill that
directly or indirectly prevents from being available for purposes
of funding state government generally any money that under existing
law would otherwise be available for that purpose, including a bill
that transfers or diverts money in the state treasury from the
general revenue fund to another fund.
(b) In order to assure compliance with the limitation on
appropriations of state tax revenue not dedicated by the
constitution as provided by Article VIII, Section 22, of the Texas
Constitution, it is not in order for the speaker to lay before the
house, prior to the time that the general appropriations bill has
been finally passed and sent to the comptroller, any bill that
appropriates funds from the state treasury that are not dedicated
by the constitution.
(c) When bills subject to the provisions of Subsection (a)
of this section become eligible for consideration, they shall be
considered for passage under the rules of the house and the joint
rules as any other bill but shall not be signed by the speaker as
required by the Constitution of Texas and the rules of the house
until the general appropriations bill has been signed by the
presiding officers of both houses of the legislature and
transmitted to the comptroller of public accounts for certification
as required by Article III, Section 49a, of the Constitution of
Texas.
(d) All bills subject to the provisions of Subsection (a) of
this section that have finally passed both houses shall be enrolled
as required by the rules and transmitted to the speaker. The
speaker shall note on each bill the date and hour of final
legislative action and shall withhold his or her signature and any
further action on all such bills until the general appropriations
bill has been signed by the presiding officers of both houses and
transmitted to the comptroller of public accounts for
certification. Immediately thereafter, the speaker shall sign in
the presence of the house all bills on which further action was
being withheld because the bills were subject to the provisions of
this section. After being signed by the speaker, the bills shall
then be transmitted to the comptroller of public accounts for
certification or to the governor, as the case may be, in the order
in which final legislative action was taken. "Final legislative
action," as that term is used in this subsection, shall mean the
last act of either house meeting in general session necessary to
place the bill in its final form preparatory to enrollment.
(e) Subsections (a)-(d) of this section shall not apply to
any bills providing for:
(1) the payment of expenses of the legislature;
(2) the payment of judgments against the state;
(3) any emergency matter when requested by the
governor in a formal message to the legislature; or
(4) the reduction of taxes.
(e-1) Subsection (a) of this section does not apply to a
bill that prevents the deposit into the general revenue fund of
money received from the federal government or earnings on that
money if the bill does not prevent that money from being available
for the purpose of funding state government generally to the same
extent as under existing law.
(f) Unless within the authority of a resolution or
resolutions adopted pursuant to Article VIII, Section 22(b), of the
Texas Constitution, it is not in order for the house to consider for
final passage on third reading, on motion to concur in senate
amendments, or on motion to adopt a conference committee report, a
bill appropriating funds from the state treasury in an amount that,
when added to amounts previously appropriated by bills finally
passed and sent or due to be sent to the comptroller, would exceed
the limit on appropriations established under Chapter 316,
Government Code.
(g) The general appropriations bill shall be reported to the
house by the Committee on Appropriations not later than the 90th
calendar day of the regular session. Should the Committee on
Appropriations fail to report by the deadline, Subsections (a)-(d)
of this section shall be suspended for the balance of that regular
session.
RULE 9. JOINT RESOLUTIONS
Sec. 1. AMENDMENTS TO THE TEXAS CONSTITUTION. (a) A
proposed amendment to the Texas Constitution shall take the form of
a joint resolution, which shall be subject to the rules that govern
the proceedings on bills, except as provided by this section.
(b) A joint resolution is not subject to the provisions of
Rule 8, Section 3, or Rule 11, Section 3.
(c) A joint resolution shall be adopted on any reading after
the first if it receives a two-thirds vote of the elected membership
of the house. If such a joint resolution receives only a majority
vote on second reading, it shall be passed to engrossment, and
subsequent proceedings shall be the same as those governing the
final passage of bills which have been passed to engrossment. If
such a joint resolution does not receive a two-thirds vote of the
elected membership of the house on third reading and final passage,
it shall fail of adoption.
Sec. 2. RATIFYING OR PROPOSING AMENDMENTS TO THE
CONSTITUTION OF THE UNITED STATES. Ratification by Texas of a
proposed amendment to or application to Congress for a convention
to amend the Constitution of the United States shall take the form
of a joint resolution, which shall be subject to the rules that
govern the proceedings on bills, except that it shall be adopted on
second reading if it receives a majority vote of the members present
and voting, a quorum being present. If such a joint resolution
fails to receive a majority vote, it shall fail of adoption and
shall not be considered again unless revived by a motion to
reconsider as otherwise provided in the rules.
Sec. 3. PLACEMENT OF JOINT RESOLUTIONS ON A CALENDAR. Joint
resolutions on committee report shall be referred to the Committee
on Calendars for placement on an appropriate calendar. The
Committee on Calendars shall maintain a separate calendar for house
joint resolutions and a separate calendar for senate joint
resolutions. Senate joint resolutions shall be considered on
calendar Wednesdays and calendar Thursdays along with senate bills.
RULE 10. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
Sec. 1. FILING. Resolutions shall be introduced by filing a
resolution with the chief clerk in the manner and in an electronic
or other format specified by the chief clerk, who shall number and
record house resolutions in one series and concurrent resolutions
in a separate series.
Sec. 2. REFERRAL TO COMMITTEE. (a) After numbering and
recording, all resolutions shall be sent to the speaker for
referral to the proper committee.
(b) Resolutions proposing the expenditure of money out of
the contingent expense fund of the legislature shall be referred to
the Committee on House Administration.
(c) All other resolutions shall be referred to the
appropriate committee with jurisdiction.
Sec. 3. REFERRAL TO CALENDARS COMMITTEES. All resolutions
on committee report, other than privileged resolutions, shall be
referred immediately to the appropriate calendars committee for
placement on the appropriate calendar.
Sec. 4. ORDER OF CONSIDERATION. Unless privileged,
resolutions shall be considered by the house only at the time
assigned for their consideration on the calendar, in accordance
with the provisions of Rule 6, Section 7.
Sec. 4A. RECORD VOTE REQUIRED BY TEXAS CONSTITUTION. A vote
on final passage of a resolution other than a resolution of a purely
ceremonial or honorary nature must be by record vote with the vote
of each member entered in the journal as required by Section 12(b),
Article III, Texas Constitution.
Sec. 5. SIGNING BY GOVERNOR. Concurrent resolutions shall
take the same course as house resolutions, except that they shall be
sent to the governor for signing when finally passed by both houses.
Sec. 6. MASCOT RESOLUTIONS. (a) All candidates for the
office of mascot shall be named in and elected by a single house
resolution.
(b) Only children of house members who are under the age of
12 years shall be eligible for election to the honorary office of
mascot. A child once named a mascot shall not be eligible for the
honor a second time.
(c) No separate classification or special title shall be
given to any mascot, but all shall receive the same title of
honorary mascot of the house of representatives.
(d) The speaker shall issue a certificate showing the
election of each mascot and deliver it to the parent member of the
child.
Pictures of mascots shall appear on the panel picture of the
house.
Sec. 7. CONSIDERATION OF RESOLUTIONS DURING CALLED
SESSIONS. The subject matter of house resolutions and concurrent
resolutions does not have to be submitted by the governor in a
called session before they can be considered.
Sec. 8. RESOLUTIONS AUTHORIZING TECHNICAL CORRECTIONS.
Resolutions authorizing the enrolling clerk of the house or senate
to make technical corrections to a measure that has been finally
acted upon by both houses of the legislature shall be privileged in
nature and need not be referred to committee. Such resolutions
shall be eligible for consideration by the house upon introduction
in the house or receipt from the senate.
Sec. 9. AUTHOR'S SIGNATURE ON CONGRATULATORY OR MEMORIAL
RESOLUTION. The enrolled printing of a house congratulatory or
memorial resolution shall include a place for the signature of the
primary author of the resolution. The chief clerk shall provide the
primary author with the opportunity to sign the resolution after
the resolution is enrolled. The absence of the primary author's
signature does not affect the validity of the resolution as adopted
by the house.
RULE 11. AMENDMENTS
Sec. 1. ACCEPTABLE MOTIONS TO AMEND. When a bill,
resolution, motion, or proposition is under consideration, a motion
to amend and a motion to amend that amendment shall be in order. It
shall also be in order to offer a further amendment by way of a
substitute. Such a substitute may not be amended. If the
substitute is adopted, the question shall then be on the amendment
as substituted, and under this condition an amendment is not in
order.
Sec. 2. MOTIONS ON A DIFFERENT SUBJECT OFFERED AS
AMENDMENTS. No motion or proposition on a subject different from
the subject under consideration shall be admitted as an amendment
or as a substitute for the motion or proposition under debate.
"Proposition" as used in this section shall include a bill,
resolution, joint resolution, or any other motion which is
amendable.
Amendments pertaining to the organization, powers,
regulation, and management of the agency, commission, or advisory
committee under consideration are germane to bills extending state
agencies, commissions, or advisory committees under the provisions
of the Texas Sunset Act (Chapter 325, Government Code).
An amendment to a committee substitute laid before the house
in lieu of an original bill is germane if each subject of the
amendment is a subject that is included in the committee substitute
or was included in the original bill.
Sec. 3. AMENDING A BILL TO CHANGE ITS ORIGINAL PURPOSE. No
bill shall be amended in its passage through either house so as to
change its original purpose.
Sec. 4. AMENDMENTS TO BILLS AND RESOLUTIONS ON LOCAL,
CONSENT, AND RESOLUTIONS CALENDARS. Amendments to a bill or
resolution shall not be in order during its consideration on a
local, consent, and resolutions calendar set by the Committee on
Local and Consent Calendars, unless the amendments have first been
submitted to and approved by the Committee on Local and Consent
Calendars, which shall be noted thereon by the chair of the
Committee on Local and Consent Calendars prior to the offering of
the amendments.
Sec. 5. AMENDMENTS ON THIRD READING. When a bill has been
taken up on its third reading, amendments shall be in order, but
shall require a two-thirds vote of the members present for their
adoption. A bill on third reading may be recommitted to a committee
and later reported to the house with amendments, in which case the
bill shall again take the course of a bill at its second reading.
Sec. 6. COPIES OF AN AMENDMENT. (a) Five copies of each
amendment shall be filed with the speaker. When the amendment is
read, two copies shall go to the chief clerk, one copy to the
journal clerk, one copy to the reading clerk, and one copy to the
speaker. No amendment offered from the floor shall be in order
unless the sponsoring member has complied with the provisions of
this section with respect to copies of the amendment. The chief
clerk shall retain one copy of each amendment filed with the speaker
under this section whether or not the amendment was offered by the
filing member.
(b) Prior to the time that an amendment is offered, if the
amendment exceeds one page in length, the sponsoring member must
provide to the chief clerk a minimum of five copies to be available
for distribution to those members requesting copies of the
amendment.
(c) If the amendment is only one page in length or less, the
sponsoring member must provide one additional copy of the amendment
to the chief clerk, who shall immediately proceed to have
additional copies made and available for those members requesting
copies of the amendment.
(d) The provisions of this section with respect to extra
copies shall not apply to committee amendments or to amendments
which do nothing more than delete material from the bill or
resolution.
(e) The speaker shall not recognize a member to offer an
original amendment that exceeds one page in length and that is in
the form of a complete substitute for the bill or resolution laid
before the house, or in the opinion of the speaker is a substantial
substitute, unless 10 copies of the amendment have been provided to
the chief clerk and were available in the chief clerk's office at
least 12 hours prior to the time the calendar on which the bill or
resolution to be amended is eligible for consideration.
(f) An amendment may be typed, hand-printed, or
handwritten, but must be legible in order to be offered.
(g) The speaker shall not recognize a member to offer an
original amendment to a bill on second reading if the bill extends
[extending] an agency, commission, or advisory committee under the
Texas Sunset Act unless 10 copies of the amendment have been
provided to the chief clerk and were available in the chief clerk's
office at least 24 hours prior to the time the calendar on which the
bill appears for second reading [or resolution to be amended] is
first eligible for consideration.
(h) If the house is convened in regular session, the speaker
shall not recognize a member to offer an original amendment to the
general appropriations bill on second reading unless 10 copies of
the amendment have been provided to the chief clerk and were
available in the chief clerk's office at least 72 hours prior to the
time the calendar on which the general appropriations bill appears
for second reading is first eligible for consideration.
(i) The Committee on House Administration shall ensure
that:
(1) the floor amendment system through which members
of the house may view an electronic image of current or past
amendments, or the system's successor in function, is available to
the public on the Internet;
(2) members of the public using the system available
on the Internet may view the same information that members may view
at the same time that members may view the information; and
(3) members of the public using the system available
on the Internet may view any amendment required to be provided to
the chief clerk under Subsections (e) [Rule 11, Sections 6(e)],
(g), and (h) of this section at least 10 hours prior to the time the
calendar on which the bill or resolution to be amended is eligible
for consideration.
(j) To the extent practicable, an amendment must include the
page and line numbers of the text of the bill, resolution, or
amendment being amended. Failure to comply with the requirements of
this subsection is not subject to a [sustainable] point of order.
Sec. 7. ORDER OF OFFERING MOTIONS TO AMEND. Classes of
motions to amend shall be offered in the following order:
(1) motions to amend by striking out the enacting
clause of a bill (or the resolving clause of a resolution), which
amendment cannot be amended or substituted;
(2) motions to amend an original bill, resolution,
motion, or proposition (other than substitute bills as provided for
in Subdivision (3) below), which shall have precedence as follows:
(A) original amendment;
(B) amendment to the amendment;
(C) substitute for the amendment to the
amendment.
Recognition for the offering of original amendments shall be
as follows: first, the main author; second, the member or members
offering the committee amendment; and third, members offering other
amendments from the floor;
(3) motions to amend an original bill by striking out
all after the enacting clause (substitute bills), which substitute
bills shall be subject to amendment as follows:
(A) amendment to the substitute bill;
(B) substitute for the amendment to the
substitute bill.
Recognition for offering such substitute bills shall be as
follows: first, the main author of the original bill, if the
member has not sought to perfect the bill by amendments as provided
for in Subdivision (2) above; second, the member or members
offering the committee amendment; and, third, members offering
amendments from the floor.
It shall be in order under the procedure described in this
subdivision to have as many as four complete measures pending
before the house at one time; that is, an original bill, an
amendment striking out all after the enacting clause of the bill and
inserting a new bill body, an amendment to the amendment striking
out all after the enacting clause of the bill and inserting a new
bill body, and a substitute for this amendment to the amendment to
the original bill which is also a new bill body. These "substitute
bills" shall be voted on in the reverse order of their offering;
(4) motions to amend the caption of a bill or joint
resolution, which may also be offered in accordance with Section
9(a) of this rule.
Sec. 8. STRIKE OUTS AND INSERTIONS. (a) A motion to strike
out and to insert new matter in lieu of that to be stricken out shall
be regarded as a substitute and shall be indivisible.
(b) Matter inserted or stricken out of an original bill by
way of amendment may not be taken out or reinserted at a later time
on the same reading except under the following conditions:
(1) reconsideration of the inserting or deleting
amendment;
(2) adoption of a "substitute bill" amendment;
(3) adoption of an amendment for a whole paragraph,
section or subdivision of a bill which so materially changes the
original text that the portion inserted or deleted is in fact of
minor importance.
Sec. 9. AMENDING CAPTIONS. (a) An amendment to the caption
of a bill or resolution shall not be in order until all other
proposed amendments have been acted on and the house is ready to
vote on the passage of the measure, and it shall then be decided
without debate.
(b) If the previous question has been ordered on a bill or
joint resolution at any reading, an amendment to the caption of that
bill or joint resolution may be offered and voted on immediately
preceding the final vote on the bill or joint resolution.
Sec. 10. MOTION TO LIMIT AMENDMENTS. (a) A motion to limit
amendments shall be admitted only when seconded by 25 members. The
motion may take either of two forms:
(1) to limit amendments to those pending before the
house; or
(2) to limit amendments to those pending on the
speaker's desk.
(b) The motion shall be put by the chair in this manner: "The
motion has been seconded. Three minutes pro and con debate will be
allowed on the motion to limit amendments." As soon as the debate
has ended, the chair shall continue: "As many as are in favor of
limiting amendments on (here state on which question or questions)
will say 'Aye,'" and then "As many as are opposed say 'Nay.'" As in
all other propositions, a motion to limit amendments shall be
decided by a record vote if demanded by any member. If ordered by a
majority of the members voting, a quorum being present, the motion
shall have the effect of confining further debate and consideration
to those amendments included within the motion, and thereafter the
chair will accept no more amendments to the proposition to which the
motion is applied.
(c) The motion to limit amendments, if adopted, shall not in
any way cut off or limit debate or other parliamentary maneuvers on
the pending proposition or propositions or amendment or amendments
included within the motion. The sole function of the motion is to
prevent the chair from accepting further amendments to the
proposition to which the motion is applied.
(d) Except as otherwise provided, the motion to limit
amendments shall have no effect on the parliamentary situation to
which the motion is applied, and the matter to which the motion is
applied shall continue to be considered by the house in all other
respects as though the motion had not been made.
(e) The amendments that are included within the motion to
limit amendments shall each be subject to amendment, if otherwise
permitted under the rules.
Sec. 11. MOTION TO TABLE A MOTION TO LIMIT AMENDMENTS. The
motion to limit amendments is not subject to a motion to table.
Sec. 12. ORDER OF VOTING ON AMENDMENTS. When an amendment
is offered, followed by an amendment to that amendment, and then a
substitute for the amendment to the amendment, these questions
shall be voted on in the reverse order of their offering.
Sec. 13. CERTIFICATION OF ADOPTION OF AMENDMENTS. When an
amendment is adopted, such action shall be certified by the chief
clerk on the amendment, and the official copy of the amendment shall
then be securely attached to the bill or resolution which it amends.
RULE 12. PRINTING
Sec. 1. PRINTINGS OF BILLS AND JOINT RESOLUTIONS. (a)
Except as otherwise provided in this rule, all bills and joint
resolutions shall be printed and a copy provided to each member at
each of the following stages in the parliamentary progress of the
bill or joint resolution:
(1) at the time of the committee report on the bill or
joint resolution, which shall be known as "First Printing" and
which shall consist of:
(A) a complete text of the bill or joint
resolution as reported from committee;
(B) a complete copy of the bill analysis, a
complete copy of the summary of committee action, and a complete
copy of the witness list;
(C) the text of the committee report;
(D) the record vote by which the measure was
reported from committee, including the vote of individual members;
(E) a copy of the latest fiscal note; and
(F) a copy of each impact statement received by
the committee;
(2) at the time the bill or joint resolution, if
amended, finally passes the senate, senate amendments and house
engrossment text will be printed, which shall be known as "Second
Printing"; and
(3) at the time the conference committee, if any,
makes its report on the bill or joint resolution, which shall be
known as "Third Printing."
(b) In any section of the first printing of a bill or joint
resolution that proposes to amend an existing statute or
constitutional provision, language sought to be deleted must be
bracketed and stricken through, and language sought to be added
must be underlined. This requirement does not apply to:
(1) an appropriations bill;
(2) a local bill;
(3) a game bill;
(4) a recodification bill;
(5) a redistricting bill;
(6) a section of a bill or joint resolution not
purporting to amend an existing statute or constitutional
provision;
(7) a section of a bill or joint resolution that
revises the entire text of an existing statute or constitutional
provision, to the extent that it would confuse rather than clarify
to show deletions and additions; and
(8) a section of a bill or joint resolution providing
for severability, nonseverability, emergency, or repeal of an
existing statute or constitutional provision.
(c) The speaker may overrule a point of order raised as to a
violation of Subsection (b) of this section if the violation is
typographical or minor and does not tend to deceive or mislead.
(d) The requirement to provide a copy of a printing to each
member may be accomplished by making a copy of the printing
available in an electronic format for viewing by the member and,
when the electronic format copy of the appropriate printing becomes
available, sending notice of that fact to a Capitol e-mail address
designated by the member. If a member informs the chief clerk that
the member also desires to receive a paper copy of printings at
first, second, or third printing, the chief clerk shall place paper
copies of those printings designated by the member in the newspaper
box of the member as soon as practicable after the electronic copies
of the printings are made available for viewing.
(e) The provisions of Subsection (d) of this section
authorizing delivery of a printing by electronic means also apply
to any fiscal note, impact statement, analysis, or other item
required by these rules to be delivered or made available to each
member as an attachment to or in connection with the applicable
printing.
Sec. 2. LOCAL BILLS. Local bills shall not be reprinted
after the first printing except when ordered printed by a majority
vote of the house.
Sec. 3. CONCURRENT RESOLUTIONS. A concurrent resolution
shall be printed only if the resolution:
(1) grants permission to sue the state;
(2) memorializes Congress to take or to refrain from
taking certain action;
(3) sets legislative policy or declares legislative
intent;
(4) makes corrective changes in any bill, joint
resolution, or conference committee report;
(5) establishes or interprets policy for a state
agency, department, or political subdivision;
(6) establishes, modifies, or changes internal
procedures or administration of the legislature or any component
part thereof;
(7) proposes an amendment to the Joint Rules of the
Senate and the House of Representatives; or
(8) is ordered printed by a majority vote of the house.
Sec. 4. HOUSE RESOLUTIONS. A house resolution shall be
printed only if the resolution:
(1) proposes an amendment to the rules of the house;
(2) establishes, modifies, or changes the internal
procedures and administration of the house;
(3) establishes legislative policy or interprets
legislative intent; or
(4) is ordered printed by a majority of the house.
Sec. 5. ACCEPTABLE STANDARDS OF COMPLIANCE WITH PRINTING
REQUIREMENTS. Except for matter to be printed in the journal, all
requirements contained in the rules with respect to the printing of
bills, resolutions, reports, and other matters shall be considered
complied with if the material is adequately and properly reproduced
by any acceptable means of reproduction.
RULE 13. INTERACTIONS WITH THE GOVERNOR AND SENATE
CHAPTER A. MESSAGES
Sec. 1. MESSAGES FROM THE GOVERNOR. Messages and
communications from the governor shall be received when announced,
and shall be read on the calendar day received.
Sec. 2. MESSAGES FROM THE SENATE. (a) All messages from
the senate shall be received when announced. Senate bills
announced as passed shall be read for the first time and referred to
the appropriate committee as soon as practicable.
(b) Messages from the senate announcing amendments to house
bills and resolutions, nonconcurrence in house amendments to senate
bills and resolutions, requests for conference committees, reports
of conference committees, and all other matters of disagreement,
amendments, and requests between the two houses, shall go to the
speaker's desk in their regular order, but may be called up for
action by the house at any time as a privileged matter, yielding
only to a motion to adjourn.
CHAPTER B. SENATE AMENDMENTS
Sec. 3. HOUSE ACTION ON SENATE AMENDMENTS. When a bill,
resolution, or other matter is returned to the house with senate
amendments, the house may:
(1) agree to the amendments; or
(2) disagree to all of the amendments and ask for a
conference committee; or
(3) agree to one or more of the amendments and disagree
as to the remainder and request a conference committee to consider
those in disagreement; or
(4) agree to one or more and disagree as to the
remainder; or
(5) disagree to all amendments.
Sec. 4. ADOPTION OF SENATE AMENDMENTS FOR BILLS WITH
IMMEDIATE EFFECT. If a bill is to go into immediate effect, senate
amendments thereto must be adopted by a vote of two-thirds of the
elected membership of the house.
Sec. 5. PRINTING SENATE AMENDMENTS. (a) Senate amendments
to house bills and resolutions must be printed and copies provided
to the members at least 24 hours before any action can be taken
thereon by the house during a regular or special session.
(b) When a house bill or joint resolution, other than the
general appropriations bill, with senate amendments is returned to
the house, the chief clerk shall request the Legislative Budget
Board to prepare a fiscal note outlining the fiscal implications
and probable cost of the measure as impacted by the senate
amendments. A copy of the fiscal note shall be distributed with the
senate amendments on their printing before any action can be taken
on the senate amendments by the house.
(c) When a house bill or joint resolution, other than the
general appropriations bill, with senate amendments is returned to
the house, the chief clerk shall request the Texas Legislative
Council to prepare an analysis that describes the substantive
changes made to the house version of the bill by the senate
amendments. A copy of the council's analysis of senate amendments
shall be provided to the members electronically or as a printed copy
at least 12 hours before action is taken on the senate amendments by
the house. The Texas Legislative Council shall make all reasonable
efforts to timely provide the analysis in as accurate a form as time
allows. However, an unavoidable inability to provide the analysis
or an inadvertent error in the analysis is not subject to a point
[sustainable question] of order.
(d) When a house bill or joint resolution for which a tax
equity note was required under Rule 4, Section 34(b)(5), is
returned to the house with senate amendments, the chief clerk shall
request the Legislative Budget Board to prepare a tax equity note
estimating the general effects of the senate amendments on the
distribution of tax and fee burdens among individuals and
businesses. A copy of the updated tax equity note shall be made
available to each member, in some format, before any vote on the
floor can be taken on the senate amendments by the house.
[Sec. 5A. RETURN OF NONGERMANE SENATE AMENDMENTS BY
SPEAKER. When a house bill or joint resolution, other than the
general appropriations bill, with senate amendments is returned to
the house, the speaker, with the permission of the primary author of
the bill or resolution, may return the bill or resolution to the
senate if the speaker determines that the senate amendments are not
germane to the house version of the bill or resolution. The speaker
may act under this section without regard to whether the bill or
resolution is eligible for consideration by the house. If the
speaker returns a bill or resolution to the senate under this
section, the speaker shall attach to the bill or resolution a
statement of the speaker's action that includes an explanation of
the speaker's determination, and shall enter the statement in the
journal as soon as practicable.]
CHAPTER C. CONFERENCE COMMITTEES
Sec. 6. MEMBERSHIP AND OPERATION. (a) In all conferences
between the senate and the house by committee, the number of
committee members from each house shall be five. All votes on
matters of difference shall be taken by each committee separately.
A majority of each committee shall be required to determine the
matter in dispute. Reports by conference committees must be signed
by a majority of each committee of the conference.
(b) A copy of the report signed by a majority of each
committee of the conference must be furnished to each member of the
committee in person or if unable to deliver in person by placing a
copy in the member's newspaper mailbox at least one hour before the
report is furnished to each member of the house under Section 10(a)
of this rule. The paper copies of the report submitted to the chief
clerk under Section 10(b) of this rule must contain a certificate
that the requirement of this subsection has been satisfied, and
that certificate must be attached to the copy of the report
furnished to each member under Section 10(d) of this rule. Failure
to comply with this subsection is not subject to a [sustainable]
point of order [under this rule].
Sec. 7. MEETINGS. (a) House conferees when meeting with
senate conferees to adjust differences shall meet in public and
shall give a reasonable amount of notice of the meeting in the place
designated for giving notice of meetings of house standing
committees. Any such meeting shall be open to the news media. Any
conference committee report adopted in private shall not be
considered by the house.
(b) At a meeting of the conferees to adjust differences on
the general appropriations bill, the chair of the house conferees
may request the assistance of any house member who serves on the
appropriations committee.
Sec. 8. INSTRUCTIONS. Instructions to a conference
committee shall be made after the conference is ordered and before
the conferees are appointed by the speaker, and not thereafter.
Sec. 9. LIMITATIONS ON JURISDICTION. (a) Conference
committees shall limit their discussions and their actions solely
to the matters in disagreement between the two houses. A conference
committee shall have no authority with respect to any bill or
resolution:
(1) to change, alter, or amend text which is not in
disagreement;
(2) to omit text which is not in disagreement;
(3) to add text on any matter which is not in
disagreement;
(4) to add text on any matter which is not included in
either the house or senate version of the bill or resolution.
This rule shall be strictly construed by the presiding
officer in each house to achieve these purposes.
(b) Conference committees on appropriations bills, like
other conference committees, shall limit their discussions and
their actions solely to the matters in disagreement between the two
houses. In addition to the limitations contained elsewhere in the
rules, a conference committee on appropriations bills shall be
strictly limited in its authority as follows:
(1) If an item of appropriation appears in both house
and senate versions of the bill, the item must be included in the
conference committee report.
(2) If an item of appropriation appears in both house
and senate versions of the bill, and in identical amounts, no change
can be made in the item or the amount.
(3) If an item of appropriation appears in both house
and senate versions of the bill but in different amounts, no change
can be made in the item, but the amount shall be at the discretion of
the conference committee, provided that the amount shall not exceed
the larger version and shall not be less than the smaller version.
(4) If an item of appropriation appears in one version
of the bill and not in the other, the item can be included or omitted
at the discretion of the conference committee. If the item is
included, the amount shall not exceed the sum specified in the
version containing the item.
(5) If an item of appropriation appears in neither the
house nor the senate version of the bill, the item must not be
included in the conference committee report. However, the
conference committee report may include appropriations for
purposes or programs authorized by bills that have been passed and
sent to the governor and may include contingent appropriations for
purposes or programs authorized by bills that have been passed by at
least one house.
This rule shall be strictly construed by the presiding
officer in each house to achieve these purposes.
(c) Conference committees on tax bills, like other
conference committees, shall limit their discussions and their
actions solely to the matters in disagreement between the two
houses. In addition to the limitations contained elsewhere in the
rules, a conference committee on a tax bill shall be strictly
limited in its authority as follows:
(1) If a tax item appears in both house and senate
versions of the bill, the item must be included in the conference
committee report.
(2) If a tax item appears in both house and senate
versions of the bill, and in identical form and with identical
rates, no change can be made in the item or the rate provided.
(3) If a tax item appears in both house and senate
versions of the bill but at differing rates, no change can be made
in the item, but the rate shall be at the discretion of the
conference committee, provided that the rate shall not exceed the
higher version and shall not be less than the lower version.
(4) If a tax item appears in one version of the bill
and not in the other, the item can be included or omitted at the
discretion of the conference committee. If the item is included,
the rate shall not exceed the rate specified in the version
containing the item.
(5) If a tax item appears in neither the house nor the
senate version of the bill, the item must not be included in the
conference committee report.
This rule shall be strictly construed by the presiding
officer in each house to achieve these purposes.
(d) Conference committees on reapportionment bills, to the
extent possible, shall limit their discussions and their actions to
the matters in disagreement between the two houses. Since the
adjustment of one district in a reapportionment bill will
inevitably affect other districts, the strict rule of construction
imposed on other conference committees must be relaxed somewhat
when reapportionment bills are involved. Accordingly, the
following authority and limitations shall apply only to conference
committees on reapportionment bills:
(1) If the matters in disagreement affect only certain
districts, and other districts are identical in both house and
senate versions of the bill, the conference committee shall make
adjustments only in those districts whose rearrangement is
essential to the effective resolving of the matters in
disagreement. All other districts shall remain unchanged.
(2) If the matters in disagreement permeate the entire
bill and affect most, if not all, of the districts, the conference
committee shall have wide discretion in rearranging the districts
to the extent necessary to resolve all differences between the two
houses.
(3) Insofar as the actual structure of the districts
is concerned, and only to that extent, the provisions of Subsection
(a) of this section shall not apply to conference committees on
reapportionment bills.
(e) Conference committees on recodification bills, like
other conference committees, shall limit their discussions and
their actions solely to the matters in disagreement between the two
houses. The comprehensive and complicated nature of recodification
bills makes necessary the relaxing of the strict rule of
construction imposed on other conference committees only to the
following extent:
(1) If it develops in conference committee that
material has been inadvertently included in both house and senate
versions which properly has no place in the recodification, that
material may be omitted from the conference committee report, if by
that omission the existing statute is not repealed, altered, or
amended.
(2) If it develops in conference committee that
material has been inadvertently omitted from both the house and
senate versions which properly should be included if the
recodification is to achieve its purpose of being all-inclusive of
the statutes being recodified, that material may be added to the
conference committee report, if by the addition the existing
statute is merely restated without substantive change in existing
law.
(f) Limitations imposed on certain conference committees by
the provisions of this section may be suspended in part by
permission of the house to allow consideration of and action on a
specific matter or matters which otherwise would be prohibited.
Permission shall be granted only by resolution passed by majority
vote of the house. All such resolutions shall be privileged in
nature and need not be referred to a committee. The introduction of
such a resolution shall be announced from the house floor and the
resolution shall be eligible for consideration by the house:
(1) three hours after a copy of the resolution has been
distributed to each member; or
(2) for a resolution suspending limitations on a
conference committee considering the general appropriations bill,
48 hours in a regular session and 24 hours in a special session
after a copy of the resolution has been distributed to each member.
(g) The time at which the copies of such a resolution are
distributed to the members shall be time-stamped on the originals
of the resolution. The resolution shall specify in detail:
(1) the exact language of the matter or matters
proposed to be considered;
(2) the specific limitation or limitations to be
suspended;
(3) the specific action contemplated by the conference
committee;
(4) except for a resolution suspending the limitations
on the conferees for the general appropriations bill, the reasons
that suspension of the limitations is being requested; and
(5) a fiscal note distributed with the resolution
outlining the fiscal implications and probable cost of the items to
be included in the conference committee report that would otherwise
be prohibited but for the passage of the resolution.
(h) In the application of Subsection (g) of this section to
appropriations bills, the resolution:
(1) need not include changes in amounts resulting from
a proposed salary plan or changes in format that do not affect the
amount of an appropriation or the method of finance of an
appropriation, but shall include a general statement describing the
salary plan or format change;
(2) need not include differences in language which do
not affect the substance of the bill;
(3) if suspending a limitation imposed by Subsection
(b)(2), (3), (4), or (5) of this section, must specify the amount by
which the appropriation in the conference committee report is less
than or greater than the amount permitted for that item of
appropriation under Subsection (b) of this section; and
(4) shall be available in its entirety on the
electronic legislative information system that is accessible by the
general public.
(i) Permission granted by a resolution under Subsection (f)
of this section shall suspend the limitations only for the matter or
matters clearly specified in the resolution, and the action of the
conference committee shall be in conformity with the resolution.
Sec. 10. PRINTING AND DISTRIBUTION OF REPORTS. (a) All
conference committee reports must be printed and a copy furnished
to each member as provided by Rule 12, Section 1, at least 24 hours
before action can be taken on the report by the house during a
regular or special session.
(b) Three original copies of a conference committee report
shall be submitted to the chief clerk for printing. Each original
conference committee report shall contain the following:
(1) the signatures of the house conferees and senate
conferees who voted to adopt the conference committee report;
(2) the text of the bill or resolution as adopted by
the conference committee; and
(3) an analysis of the conference committee report as
required by Section 11 of this rule.
(c) Before action can be taken by the house on a conference
committee report on a bill or joint resolution, other than the
general appropriations bill, a fiscal note outlining the fiscal
implications and probable cost of the conference committee report
shall be submitted to the chief clerk, and a copy of the fiscal note
shall be distributed with the conference committee report on its
printing.
(d) Before a vote on the floor can be taken by the house on a
conference committee report on a bill or joint resolution for which
a tax equity note was required under Rule 4, Section 34(b)(5), a tax
equity note estimating the general effects of the conference
committee report on the distribution of tax and fee burdens among
individuals and businesses shall be submitted to the chief clerk,
and a copy of the tax equity note shall be made available to each
member.
Sec. 11. ANALYSIS OF REPORTS. (a) All reports of conference
committees shall include an analysis showing wherein the report
differs from the house and senate versions of the bill, resolution,
or other matter in disagreement. The analysis of appropriations
bills shall show in dollar amounts the differences between the
conference committee report and the house and senate versions. No
conference committee report shall be considered by the house unless
such an analysis has been prepared and distributed to each member.
(b) The analysis shall to the extent practical indicate any
instance wherein the conference committee in its report appears to
have exceeded the limitations imposed on its jurisdiction by
Section 9 of this rule. An analysis and the conference committee
report in which the analysis is included are not subject to a point
of order due to a failure to comply with this subsection or due to a
mistake made in complying with this subsection.
Sec. 12. CONSIDERATION OF REPORTS. A conference committee
report is not subject to amendment, but must be accepted or rejected
in its entirety. While a conference committee report is pending, a
motion to deal with individual amendments in disagreement is not in
order.
Sec. 13. WHEN REPORTS NOT ACCEPTABLE. When a conference
committee report is not acceptable to the house for any reason, it
may be recommitted to the same committee with the request for
further consideration, and the house may or may not give any
specific instructions on the report to the conference committee; or
the house may request the appointment by the senate of a new
conference committee and then proceed to empower the speaker to
name new conferees for the house.
RULE 14. GENERAL PROVISIONS
Sec. 1. WHEN RULES ARE SILENT. If the rules are silent or
inexplicit on any question of order or parliamentary practice, the
Rules of the House of Representatives of the United States
Congress, and its practice as reflected in published precedents,
and Mason's Manual of Legislative Procedure shall be considered as
authority.
Sec. 2. AMENDMENTS TO THE RULES. (a) Amendments to the
rules of the house shall be proposed by house resolutions which
shall be referred at once, without debate, to the Committee on House
Administration [Rules and Resolutions] for study and
recommendation.
(b) A resolution proposing an amendment to the rules shall
not be considered by the house until a printed copy of the
resolution has been provided to each member of the house at least 48
hours before consideration.
(c) Amendments to the rules shall require a majority vote of
the house for adoption.
Sec. 3. MOTION TO SUSPEND THE RULES. A motion to suspend
the rules shall be in order at any time, except when motions to
adjourn or recess are pending, even when the house is operating
under the previous question. A motion to "suspend all rules" shall
be sufficient to suspend every rule under which the house is
operating for a particular purpose except the provisions of the
constitution and the joint rules of the two houses. If the rules
have been suspended on a main motion for a given purpose, no other
motion to suspend the rules on a main motion shall be in order until
the original purpose has been accomplished.
Sec. 4. NOTICE OF PENDING MOTION TO SUSPEND THE RULES. It
shall not be in order to move to suspend the rules or the regular
order of business to take up a measure out of its regular order, and
the speaker shall not recognize anyone for either purpose, unless
the speaker has announced to the house in session that the speaker
would recognize a member for that purpose at least one hour before
the member is so recognized to make the motion. In making the
announcement to the house, the speaker shall advise the house of the
member's name and the bill number, and this information, together
with the time that the announcement was made, shall be entered in
the journal. This rule may be suspended only by unanimous consent.
Sec. 5. VOTE REQUIREMENTS FOR SUSPENSION. A standing rule
of the house may be suspended by an affirmative vote of two-thirds
of the members present. However, if a rule contains a specific
provision showing the vote by which that rule may be suspended, that
vote shall be required for the suspension of the rule. The specific
provision may not be suspended under the provisions of this
section.
Sec. 6. DISPOSAL OF MEASURES TAKEN UP UNDER SUSPENSION. Any
measure taken up under suspension and not disposed of on the same
day shall go over as pending or unfinished business to the next day
that the house is in session, and shall be considered thereafter
from day to day (except the days used for the consideration of
senate bills) until disposed of.
[Sec. 7. COMMITTEE GIFTS. A member of the house may not
offer, confer, or agree to confer to a committee member one or more
gifts with a total value of more than $75 per year.
[Sec. 8. EXPLANATION OF THE FINAL RULING OF A POINT OF
ORDER. The speaker shall instruct the parliamentarian to provide
to each member a written explanation of the final ruling on a point
of order, including providing the citation of any house or
congressional precedents used in determining the ruling. The
explanation shall be provided to each member through the electronic
legislative information system not later than 24 hours after the
final ruling was announced before the house.]
RULE 15. APPROPRIATE WORKPLACE CONDUCT
Sec. 1. STATEMENT OF POLICY. (a) The house finds that:
(1) a safe and professional environment in which each
individual is treated with respect is essential for conducting the
legislative business of Texas;
(2) harassment based on an individual's
characteristics and activity protected by law is inconsistent with
the necessary safe and professional environment; and
(3) there is a need for policies designed to prevent
harassment and to appropriately address it if it occurs.
(b) The house declares that all forms of harassment
prohibited by law (including harassment by the making of a
complaint of harassment or discrimination or by participating in
the investigation of a complaint) are against the policy of the
house.
(c) Members, officers, and employees of the house are
expected to promote public confidence in the integrity of the house
by:
(1) conducting themselves in a manner that is free of
harassment in each setting related to the service of the member,
officer, or employee; and
(2) reporting any harassment in the workplace of which
they have direct, personal knowledge.
(d) This rule is the policy on which the house relies for
guidance in promoting appropriate workplace conduct. This rule is
not intended to, and does not, create an independent cause of
action, substantive or procedural, enforceable at law or in equity,
by any party against:
(1) the house or its officers, employees, or agents;
(2) the State of Texas or its departments, agencies,
entities, officers, employees, or agents; or
(3) any other person.
Smithee
______________________________
Speaker of the House
I certify that H.R. No. 4 was adopted by the House on January
9, 2019, by the following vote: Yeas 142, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House