Bill Text: TX SR39 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Adopting Permanent Rules of the Senate of the 84th Legislature.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2015-01-21 - Reported enrolled [SR39 Detail]

Download: Texas-2015-SR39-Enrolled.html

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By: Eltife S.R. No. 39

SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, That
the Rules of the Senate of the 83rd Legislature are adopted as the
Permanent Rules of the Senate of the 84th Legislature with the
following modifications:
SECTION 1. (a) Amend Rule 2.02 as follows:
RESTRICTIONS ON ADMISSION
Rule 2.02. (a) While the Senate is in session, only the
following persons shall be admitted to the floor of the Senate
inside the brass rail:
(1) the Lieutenant Governor and the Lieutenant
Governor's family;
(2) members of the Senate and their families;
(3) the Secretary of the Senate and the Secretary's
family;
(4) Sergeants-at-Arms of the Senate and officers of
the Senate;
(5) members of the House of Representatives; and
(6) the Governor and the Governor's family.
(b) While the Senate is in session, the following persons
shall be admitted to the floor of the Senate but are required to
remain behind the brass rail:
(1) employees of the Senate and the House of
Representatives when on official business;
(2) the Governor's executive staff;
(3) the President and Vice President of the United
States;
(4) United States Senators and members of Congress;
(5) Governors of other states;
(6) Justices of the Supreme Court and Judges of the
Court of Criminal Appeals;
(7) the Secretary of State; and
(8) duly accredited newspaper reporters and
correspondents, radio commentators, and television camera
operators and commentators who have complied with Rule 2.04.
[Persons hereinafter named and no others shall be admitted to the
floor of the Senate while the Senate is in session provided that
persons other than members of the Lieutenant Governor's family, a
Senator's family, members of the House of Representatives of the
State of Texas, and Sergeants-at-Arms of the Senate shall be
required to remain behind the brass rail: Members of the Senate
and their families, the Secretary of the Senate and family,
employees of the Senate and House of Representatives when on
official business, Representatives, the Governor, the Governor's
family and executive staff, the Lieutenant Governor and family,
the President and Vice-President of the United States, United
States Senators and members of Congress, Governors of other
states, Justices of the Supreme Court, Judges of the Court of
Criminal Appeals, the Secretary of State, and duly accredited
newspaper reporters and correspondents and radio commentators
and television camera operators and commentators who have
complied with Rule 2.04.]
(c) It is [shall be] the special duty of the President to
see that officers and employees remain on [upon] the floor of the
Senate only when actually engaged in the performance of their
official duties.
(d) Only [Such persons other than] the Lieutenant
Governor and members of the Senate may [shall not be permitted
to] work for or against any proposition before the Senate while
on the floor.
(b) Amend Rule 2.06 to read as follows:
EXCEPTIONS
Rule 2.06. (a) Upon request by any member, the President
may permit special guests on the floor of the Senate for the
purpose of a recognition or resolution. No member may be granted
an exception under this subsection more than three times per
session.
(b) This article shall not apply to any person who is
invited to address the Senate when in session or to any person who
desires to appear before any committee while going to or
returning from the session of said committee or to the Governor
while delivering an official message. This article shall not
apply during the inauguration of the Governor and other public
ceremonies provided for by resolution of the Senate.
(c) Amend Rule 8.03 to read as follows:
CONGRATULATORY, MEMORIAL, AND COURTESY
RESOLUTIONS
Rule 8.03. (a) Congratulatory and memorial petitions
and resolutions, after a brief explanation by the author or
sponsor, shall be considered immediately without debate unless
otherwise ordered by a majority of the members present.
(b) Upon request by any member, the presiding officer may
[shall], at an appropriate time during the proceedings,
recognize guests of such member in the [Senate Chamber or]
gallery.
(c) Any member may request and the Secretary of the
Senate shall provide a maximum of five copies of a courtesy
recognition certificate for each person or group so recognized by
the presiding officer.
(d) The number of times a member may be recognized for a
resolution under Subsection (a) of this rule is limited to 10 per
session. This limit includes an exception granted under Rule
2.06(a) that involves only a recognition of special guests on the
Senate floor.
SECTION 2. Amend Article VII by adding the following
rule:
LIMITATION ON BILLS RAISING REVENUE
Rule 7.26. All bills for raising revenue shall originate
in the House of Representatives. (Constitution, Article III,
Section 33)
SECTION 3. Amend Rule 9.06 to read as follows:
BILLS AND RESOLUTIONS PROHIBITED FROM
PLACEMENT ON THE LOCAL AND UNCONTESTED
CALENDAR
Rule 9.06. The Administration Committee may not place a
bill or resolution on the Local and Uncontested Calendar if it:
(1) creates a new department or subdivision of a
department unless the bill or resolution is purely local in
nature and does not require the expenditure of state funds; [or]
(2) contains an appropriation; [or]
(3) is contested; or
(4) is a joint resolution proposing an amendment to
the Texas Constitution.
SECTION 4. (a) Rule 11.02 is amended to read as follows:
LIST OF STANDING COMMITTEES AND SUBCOMMITTEES
Rule 11.02. (a) At the beginning of each regular
session, the President shall appoint the following standing
committees with the number of members indicated:
STANDING COMMITTEES
(1) Committee on Administration (7 members)
(2) Committee on Agriculture, Water, and Rural
Affairs [and Homeland Security] (7 [5] members)
(3) Committee on Business and Commerce (9 members)
(4) Committee on Criminal Justice (7 members)
(5) [Committee on Economic Development (7 members)
[(6)] Committee on Education (11 [9] members)
(6) [(7)] Committee on Finance (15 members)
(7) [(8) Committee on Government Organization (7
members)
[(9)] Committee on Health and Human Services (9
members)
(8) [(10)] Committee on Higher Education (7
members)
(9) [(11)] Committee on Intergovernmental
Relations (7 [5] members)
(10) [(12) Committee on Jurisprudence (7 members)
[(13)] Committee on Natural Resources and Economic
Development (11 members)
(11) [(14)] Committee on Nominations (7 members)
(12) [(15) Committee on Open Government (5 members)
[(16)] Committee on State Affairs (9 members)
(13) [(17)] Committee on Transportation (9 members)
(14) [(18)] Committee on Veteran Affairs and
Military Installations (7 [5] members)
(b) From the members of the Committee on Veteran Affairs
and Military Installations, the President shall appoint a
Subcommittee on Border Security consisting of 3 members.
(b) Amend Rules 11.11(a) and (c) to read as follows:
(a) The chair of each committee and subcommittee shall
keep or cause to be kept under the chair's direction an accurate
record of the proceedings of his or her committee, and the same
shall be open for inspection to any member of the Legislature and
to the public. Each committee meeting shall be recorded in audio
format and in audiovisual format when available [on magnetic
tape].
(c) It shall be the duty of the committee clerk, with the
assistance of other committee staff members, to keep a permanent,
accurate written record of committee proceedings and to
transcribe the [magnetic tape] recordings of committee hearings
as ordered by the committee or subcommittee. It shall be the
responsibility of the committee clerk to see that one copy of the
transcript of proceedings and one copy of the permanent record be
kept in the committee files, one copy of each be given to the
Secretary of the Senate, and three copies of each be placed in the
Legislative Reference Library. Such records shall be a matter of
public record.
SECTION 5. (a) Amend Rule 4.07 to read as follows:
REFUSAL OF MEMBER CALLED TO ORDER TO BE SEATED
Rule 4.07. Whenever a member is called to order by the
President of the Senate or by the presiding officer then in the
chair in accordance with Rule 4.06 and such member fails to sit
down and be in order but continues disorderly, it shall be the
duty of the Sergeant-at-Arms and/or the Sergeant's assistants
upon the direction of the presiding officer to require such
recalcitrant member to take his or her seat and be in order. Any
member who persists in disorderly conduct after being warned by
the presiding officer may, by motion duly made and carried by
three-fifths [two-thirds] vote of the members present, be
required to purge himself or herself of such misconduct. Until
such member has purged himself or herself of such misconduct, the
member shall not be entitled to the privileges of the floor.
(b) Amend Rules 5.11(a) and (b) to read as follows:
(a) Any bill, resolution, or other measure may on any day
be made a special order for a future time of the session by an
affirmative vote of three-fifths [two-thirds] of the members
present.
(b) A special order shall be considered at the time for
which it is set and considered from day to day until disposed of,
unless at the time so fixed there is pending business under a
special order, but such pending business may be suspended by a
three-fifths [two-thirds] vote of all the members present. If a
special order is not reached or considered at the time fixed, it
shall not lose its place as a special order. All special orders
shall be subject to any Joint Rules and Rule 5.10.
(c) Amend Rule 5.13 to read as follows:
SUSPENSION OF THE REGULAR ORDER OF BUSINESS
Rule 5.13. No bill, joint resolution, or resolution
affecting state policy may be considered out of its regular
calendar order unless the regular order is suspended by a vote of
three-fifths [two-thirds] of the members present.
(d) Amend Rule 6.08 to read as follows:
MOTIONS TO REFER OR COMMIT
Rule 6.08. Any bill, petition, or resolution may be
referred from one committee or subcommittee to another committee
or subcommittee if the motion is approved by the chairs of both
committees involved and by a three-fifths [two-thirds] vote of
the members present and voting. Any bill, petition, or
resolution may be committed to any committee or subcommittee at
any stage of the proceedings on such bill, petition, or
resolution by a majority vote of the elected members of the
Senate. A bill or joint resolution committed to a committee or
subcommittee while on third reading shall be considered as on its
second reading if reported favorably back to the Senate.
When several motions shall be made for reference of a
subject to a committee, they shall have preference in the
following order:
First: To a Committee of the Whole Senate
Second: To a standing committee
Third: To a standing subcommittee
Fourth: To a special committee.
(e) Amend Rule 6.15(a) to read as follows:
(a)(1) A vote on final passage of a bill, a resolution
proposing or ratifying a constitutional amendment, or a
resolution other than a resolution of a purely ceremonial or
honorary nature, shall be by record vote, with the vote of each
member entered in the journal.
(2) A vote on all motions to suspend or comply with a
constitutional procedure [the constitutional three-day rule],
all questions requiring a vote of two-thirds of the members
elected, all motions on whether to concur in House amendments to
Senate bills, and all motions on whether to adopt a conference
committee report shall be by record vote, with the vote of each
member entered in the journal.
(3) Upon all other questions [requiring a vote of
two-thirds of the members present, including a motion to suspend
the rules], the presiding officer shall determine if there is
objection and, if so, call for the yeas and nays, but they shall
not be entered into the journal unless required under Subsection
(b) of this rule. If no objection is made, the journal entry
shall reflect a unanimous consent vote of the members present
without necessity of a roll call of yeas and nays.
(f) Amend Rule 8.02 to read as follows:
REFERRAL TO COMMITTEE
Rule 8.02. Petitions, concurrent and joint resolutions,
and resolutions setting or defining legislative or state policy
or amending the Senate Rules shall be referred to an appropriate
standing committee when introduced and shall not be considered
immediately unless the Senate so directs by a three-fifths
[two-thirds] vote of the members present. The motion to consider
such petition or resolution immediately is not debatable.
(g) Rule 11.17(c) is amended to read as follows:
(c) The sponsor of a bill or resolution for which a
minority report is filed or a member signing the minority report
must move to have the bill or resolution placed on the calendar
within 10 calendar days after the date on which the committee's
vote was taken. An affirmative vote of three-fifths [two-thirds]
of the members present is required for the motion to carry. If
the motion fails or is not made within the time allowed, the bill
or resolution is dead and may not be considered again during the
session.
(h) Amend Rule 12.10 to read as follows:
SECTION-BY-SECTION ANALYSIS
Rule 12.10. Each conference committee report, regardless
of its subject matter, must have attached thereto a
section-by-section analysis showing the disagreements which have
been resolved by the conference committee. This analysis must
show for each and every disagreement in parallel columns: (1)
the substance of the House version; (2) the substance of the
Senate version; and (3) the substance of the recommendation by
the conference committee. No action shall be taken on any
conference committee report in the absence of such analysis,
except by an affirmative vote of three-fifths [two-thirds] of the
members present, with the yeas and nays thereon to be recorded in
the journal.
(i) Amend Rule 16.01 to read as follows:
DEFINITIONS
Rule 16.01. The terms "unanimous consent," "four-fifths
of the members of the Senate," "four-fifths of the members
present," "two-thirds of the members of the Senate," "two-thirds
of the members present," "three-fifths of the members present,"
"a majority of the members of the Senate," and "a majority of the
members present" are defined as follows:
(1) "Unanimous consent" means the consent of all of
the members of the Senate who are present and voting on the issue
at the time the vote is recorded.
(2) "Four-fifths of the members of the Senate" means
four-fifths of the 31 elected members of the Senate.
(3) "Four-fifths of the members present" means
four-fifths of the members of the Senate who are present and
voting on the issue at the time the vote is recorded.
(4) "Two-thirds of the members of the Senate" means
two-thirds of the 31 elected members of the Senate.
(5) "Two-thirds of the members present" means
two-thirds of the members of the Senate who are present and
voting on the issue at the time the vote is recorded.
(6) "Three-fifths of the members present" means
three-fifths of the members of the Senate who are present and
voting on the issue at the time the vote is recorded.
(7) [(6)] "A majority of the members of the Senate"
means a majority of the 31 elected members of the Senate.
(8) [(7)] "A majority of the members present" means
a majority of the members of the Senate who are present and voting
on the issue at the time the vote is recorded.
(j) Amend Rule 16.06 to read as follows:
MATTERS REQUIRING VOTE OF
TWO-THIRDS OF MEMBERS PRESENT
Rule 16.06. A vote of two-thirds of the members present
shall be required to:
(1) impeach any officer; (Constitution, Article XV,
Section 3)
(2) pass a Senate bill that has been returned by the
Governor with objections; Rule 6.20 (Constitution, Article IV,
Section 14) See note to Rule 6.20.
(3) confirm an appointee of the Governor, unless
otherwise directed by law; (Constitution, Article IV, Section
12)
(4) adopt an amendment at third reading of a bill or
a joint resolution. [;] Rules 7.19 and 10.02.
[(5) suspend the floor privileges of a member of the
Senate; Rule 4.07
[(6) suspend the regular order of business; Rule
5.13
[(7) excuse absentees; Rule 5.03
[(8) set a matter for special order; Rule 5.11
[(9) place a minority report on the calendar; Rule
11.17
[(10) rerefer a bill to another committee; Rule 6.08
[(11) suspend the section-by-section analysis on
conference committee reports; Rule 12.10
[(12) suspend or rescind any rule of the Senate
unless the rules specify a different majority; Rule 22.01
[(13) consider immediately petitions, concurrent
and joint resolutions, or resolutions setting or defining
legislative or state policy. Rule 8.02. See note to Rule 8.02.]
(k) Amend Article XVI by adding a new Rule 16.07 to read
as follows and renumbering the other rules of that article and
cross-references to those rules accordingly:
MATTERS REQUIRING VOTE OF
THREE-FIFTHS OF MEMBERS PRESENT
Rule 16.07. A vote of three-fifths of the members present
shall be required to:
(1) suspend the floor privileges of a member of the
Senate; Rule 4.07
(2) excuse absentees; Rule 5.03
(3) set a matter for special order; Rule 5.11
(4) suspend the regular order of business; Rule 5.13
(5) rerefer a bill to another committee; Rule 6.08
(6) consider immediately petitions, concurrent and
joint resolutions, or resolutions setting or defining
legislative or state policy; Rule 8.02
(7) place a minority report on the calendar; Rule
11.17
(8) suspend the section-by-section analysis on
conference committee reports; Rule 12.10
(9) suspend or rescind any rule of the Senate unless
the rules specify a different majority. Rule 22.01.
(l) Amend Rule 22.01 to read as follows:
SENATE RULES
Rule 22.01. It shall require a vote of three-fifths
[two-thirds] of the members present to suspend any rule of the
Senate, unless the rules specify a different majority. A
majority of the members of the Senate may amend the Rules of the
Senate by adoption of a Senate Resolution amending the rules,
which resolution has been referred to and reported from a
committee as otherwise required by these rules. Rules [16.06
and] 16.07 and 16.08. [See note to Rule 16.06.]
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on January 21, 2015, by
the following vote: On Question
#1-Adoption of Section 5:
Yeas 20, Nays 10; On Question
#2-Adoption of Resolving Clause
along with Sections 1, 2, 3, and
4: Yeas 27, Nays 4.
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Secretary of the Senate