THIRD DAY --- THURSDAY, JANUARY 14, 2021
The house met at 10:05 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Record 7).
Present — Mr. Speaker(C); Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
The invocation was offered by Representative Sherman as follows:
Holy Father, Lord, we are just in awe of who you are and what you mean to us. 2020 has been a very difficult year, Lord, but yet we know that you have always been with us and you will never leave us, Lord. But we pray, dear God, that we, as your people, would follow you. We pray, heavenly Father, for our speaker. We pray for his wife, Kim, and their children.
We pray, dear God, that you would put a hedge around all of our legislators. Protect them and keep them. Thank you, dear God, for the new representatives like Jake Ellzey, Glenn Rogers, Jasmine Crockett, and Penny Morales Shaw. We pray, Lord, that their contributions will be good and will be beneficial to all of the 30 million citizens of Texas. And may we never forget, Lord, why we are here. Give us the wisdom to know which battles to choose and fight. Give us the stamina to do what's right in your sight, that we would be the same in public as in private. May our fidelity be to you, Lord.
And we pray for our first responders, dear God. Keep them safe and our women and men who serve this country to protect this country, Lord. Finally, Father, we pray for the families of George Floyd, Atatiana Jefferson, Breonna Taylor, Ahmaud Arbery, Botham Jean, Jordan Edwards, Jonathan Price––and the list is too long to say right now this morning, dear God. But we pray for those families, that you would comfort and console them. And may we please you in everything we do this session. In Jesus' name, in the name of Jesus, we pray. Amen.
The speaker led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for today because of a death in the family:
C. Bell on motion of Metcalf.
The following members were granted leaves of absence for today because of illness:
Darby on motion of Geren.
T. King on motion of Geren.
The following members were granted leaves of absence for today because of important business:
Larson on motion of Price.
S. Thompson on motion of Davis.
The following member was granted leave of absence temporarily for today because of illness:
Wilson on motion of White.
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 1).
HR 4 - ADOPTED
(by Hunter, Hernandez, Landgraf, and Moody)
The following resolution was laid before the house:
HR 4
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 87th 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
6. ORDER OF BUSINESS AND CALENDARS
113
10. HOUSE RESOLUTIONS AND CONCURRENT
13. INTERACTIONS WITH THE GOVERNOR
14. GENERAL PROVISIONS
196
15. APPROPRIATE WORKPLACE CONDUCT
198
16. SPECIAL RULE200
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 related to presiding over the deliberations of the house 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 related to presiding over the deliberations of the house as may be assigned in writing 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. In the event of a vacancy in the office of speaker, the speaker pro tempore does not assume the office of speaker. The authority of the speaker pro tempore to perform the duties and exercise the responsibilities of the speaker is limited as provided by this section.
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.
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 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 written copy of the speaker's ruling on a point of order, which includes the citation of the authorities relied upon in the grounds for decision, as provided in Section 9(b-1) of this rule;
(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 of the house who serve at the pleasure of the speaker. The parliamentarians shall advise and assist the presiding officer and the members of the house on matters of procedure. The parliamentarians have 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 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 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 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 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) the organization, incorporation, management, and regulation of private corporations and professional associations and the Uniform Commercial Code and the Business Organizations Code;
(8) 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) privacy and identity theft;
(10) homeowners' associations;
(11) oversight and regulation of the construction industry; and
(12) 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 members, with jurisdiction over:
(1) the placement of bills and resolutions on appropriate calendars, except those within the jurisdiction of the Committee on 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 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 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 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 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. ELECTIONS. The committee shall have nine 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 following state agency: the Office of the Secretary of State.
Sec. 11. ENERGY RESOURCES. The committee shall have 11 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. 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. GENERAL INVESTIGATING (PROCEDURAL). (a) The committee shall have five 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.
(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).
Sec. 14. HIGHER EDUCATION. The committee shall have 11 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.
Sec. 15. 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. 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) all property, equipment, and supplies obtained by the house for its use and the use of its members;
(5) all office space available for the use of the house and its members;
(6) 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) all admissions to the floor during sessions of the house;
(8) all proposals to invite nonmembers to appear before or address the house or a joint session;
(9) all radio, television, and Internet broadcasting, live or recorded, of sessions of the house;
(10) 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) 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) the following state agency: the State Preservation Board.
(b) The committee must vote to adopt the annual budget for each house department.
Sec. 17. 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 and the Texas Behavioral Health Executive Council 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 Family and Protective Services, the Texas State Board of Social Worker Examiners, and the Texas State Board of Examiners of Professional Counselors.
Sec. 18. 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. INTERNATIONAL RELATIONS AND ECONOMIC DEVELOPMENT. The committee shall have nine 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 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) 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) the following state agencies: the Office of State-Federal Relations, the Texas Economic Development and Tourism Office, the Texas Workforce Commission, and the Texas Workforce Investment Council.
Sec. 20. 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) courts and court procedures except where jurisdiction is specifically granted to some other standing committee; and
(10) 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. JUVENILE JUSTICE AND FAMILY ISSUES. The committee shall have nine 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. LAND AND RESOURCE MANAGEMENT. The committee shall have nine 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) the following state agencies: the School Land Board, the Board for Lease of University Lands, and the General Land Office.
Sec. 23. LICENSING AND ADMINISTRATIVE PROCEDURES. The committee shall have 11 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 and Land Surveyors, 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. LOCAL AND CONSENT CALENDARS (PROCEDURAL). The committee shall have 11 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. NATURAL RESOURCES. 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, 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 for Texas, the Southwestern States Water Commission, and the Texas Water Development Board.
Sec. 26. PENSIONS, INVESTMENTS, AND FINANCIAL SERVICES. The committee shall have nine [11] 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) 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, the State Pension Review Board, and the State Securities Board.
Sec. 27. PUBLIC EDUCATION. The committee shall have 13 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 organizations and 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 Board [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.
Sec. 28. 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 and the Texas Behavioral Health Executive Council 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 Podiatric Medical Examiners Advisory Board, the Texas State Board of Examiners of Psychologists, the Texas State Board of Examiners of Marriage and Family Therapists, the Behavior Analyst Advisory Board, the State Board of Dental Examiners, the Texas Medical Board, the Advisory Board of Athletic Trainers, 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, and the Texas Child Mental Health Care Consortium.
Sec. 29. REDISTRICTING (PROCEDURAL). The committee shall have 15 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. 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;
(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;
(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. 31. 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) access of the state agencies to scientific and technological information;
(9) the regulation and deregulation of electric utilities and the electric industry;
(10) the regulation and deregulation of telecommunications utilities and the telecommunications industry;
(11) electric utility regulation as it relates to energy production and consumption;
(12) pipelines, pipeline companies, and all others operating as common carriers in the state;
(13) 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) 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. TRANSPORTATION. 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.
Sec. 33. URBAN AFFAIRS. The committee shall have nine 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. WAYS AND MEANS. 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 organizations and state agencies: the [Office of] Multistate Tax Commission [Compact Commissioner for Texas] and the Comptroller of Public Accounts.
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 Resolutions Calendars, the General Investigating 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, or the Committee on Ways and Means may not serve on any other substantive committee.
(c) A permanent speaker pro tempore appointed under Rule 1, Section 10, may not serve on more than one substantive committee or as chair of a standing 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 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. A copy of the rules and procedures adopted by a committee must be filed with the chief clerk. If the house is convened in a regular or special session, a copy of the rules and procedures shall also be delivered to the journal clerk and printed in the journal.
(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.
(c) Each committee of the house shall have authority to determine whether or not to permit television, radio, or Internet broadcasts, other than official house broadcasts, of any of its proceedings.
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 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 or the Committee on Redistricting, and within one day of the committee meeting for a procedural committee other than the Committee on Redistricting. 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 AND HEARINGS. (a) 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.
(b) The Committee on Appropriations shall hold one or more public hearings to examine the requests for legislative appropriations submitted by each major state agency and institution of higher education under Section 322.007, Government Code, and any other law, to the Legislative Budget Board following sine die adjournment of the regular session. The committee may require the head or any employee of an agency or institution submitting a request to appear at a public hearing and present information about the request. A subcommittee may perform the committee's duties under this subsection as determined by the chair of the committee. As used in this subsection, "major state agency" means an agency for which the most recent general appropriations act made an appropriation in the amount of $40 million or more.
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 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.
CHAPTER F. SELECT AND INTERIM STUDY COMMITTEES
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; 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' [MEMBERS] LOUNGE PRIVILEGES. Only the following persons shall be admitted to the members' [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 members' [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:
(i) as a for-profit organization that is supported chiefly by advertising or subscription revenue; or
(ii) as a nonprofit organization that has qualified as a public charity under Section 501(c)(3), Internal Revenue Code of 1986; 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 or wire service 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 recordings [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 rules [regulations] governing recordings [television, radio, or Internet broadcasts, and such regulations shall be printed as an addendum to the rules of the house]. When recordings [broadcasts] from the [floor of the] house chamber are permitted [recommended] by the Committee on House Administration, the permission [recommendation] shall, if necessary, 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 by [on the recommendation of] the Committee on House Administration. As used in this subsection, "recording" means an audio, video, or photographic recording for immediate or delayed transmission by television or radio or through the Internet [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) The following individuals may submit a written complaint regarding a decision by the Committee on House Administration under this section:
(1) an individual who is aggrieved by the committee's failure or refusal to grant privileges under this section; or
(2) a [A] member of the house who believes a media representative granted privileges under this section either does not meet the requirements of this section or has abused the privileges granted under this section [may submit a written complaint to the Committee on House Administration].
(h) The Committee on House Administration [committee] shall investigate the complaint and may, if necessary, temporarily suspend the media representative's privileges pending the investigation. The committee shall notify the aggrieved individual or subject of the complaint of the time and place of a hearing on the complaint. Following the hearing, which must be conducted as provided by committee rule, the committee shall determine whether the aggrieved individual meets the requirements of this section and, as applicable:
(1) issue a pass card if the committee determines that the individual's media credentials meet the requirements of this section; or
(2) revoke the media representative's privileges granted under this section [are revoked] if the committee determines that the allegations contained in the complaint are valid.
(i) The final determination by the Committee on House Administration on a complaint:
(1) must be entered in the committee minutes and, if the house is convened in a regular or special session, delivered to the journal clerk and printed in the journal; and
(2) is not subject to further review except as provided by this section.
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 three members [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, 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 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 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 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 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 Resolutions Calendars, in accordance with Rule 4, Section 16. It shall not be necessary for the Committee on 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 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 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 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.
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 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 subsection does not apply to a motion to reconsider and table or to 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. FILING [COPIES OF] AN AMENDMENT. (a) The chief clerk shall ensure that for an amendment other than a committee amendment, [Five] copies of each amendment are [shall be] filed with the speaker as follows:
(1) six copies of each amendment; and
(2) four additional copies of each amendment that exceeds one page in length.
(b) The chief clerk may require the member offering the amendment to provide the number of copies required under Subsection (a) of this section. The chief clerk shall ensure that, as soon as practicable after being filed by the offering member, each amendment is made available on the floor amendment system, or the system's successor in function, through which members of the house may view an electronic image of submitted amendments. 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.]
(c) The chief clerk shall retain one copy of each amendment filed with the speaker under this section whether or not the amendment was laid out by the speaker for consideration [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) If an amendment is required to be prefiled with the chief clerk pursuant to a rule for floor consideration proposed by the Committee on Calendars and adopted under Rule 6, Section 16(f), the amendment must be provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and available in the chief clerk's office in accordance with the Calendar Committee rule for floor consideration [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 has [have] been provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and was [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 an agency, commission, or advisory committee under the Texas Sunset Act unless [10 copies of] the amendment has [have] been provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and was [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 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 has [have] been provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and was [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), (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 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 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.
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 point of order.
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) A conference committee report on the general appropriations bill must be printed and a copy furnished to each member as provided by Rule 12, Section 1, at least 48 hours before action can be taken on the report by the house during a regular session or at least 24 hours before action can be taken by the house during a special session. All other 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 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.
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.
RULE 16. SPECIAL RULE
CHAPTER A. GENERAL PROVISIONS
Sec. 1. PURPOSE; SCOPE; APPLICATION. (a) This rule is adopted to ensure that the house is able to carry out its legislative responsibilities under the Texas Constitution in the event of disruptions caused by actual or imminent threat of an emergency, including an epidemic or a pandemic.
(b) A section of this rule governs the procedure of the house and its committees only when the section is activated as provided by this rule.
(c) During the time a section of this rule is activated, the provisions of that section prevail over a provision of Rules 1 through 15 to the extent of any conflict between the provisions.
(d) This chapter is not subject to deactivation under Section 4 of this rule.
Sec. 2. INITIAL ACTIVATION. This rule is initially activated in its entirety upon adoption of the permanent rules of procedure of the House of Representatives for the 87th Legislature.
Sec. 3. REACTIVATION. (a) A section of this rule that has been deactivated under this chapter may be reactivated only as provided by this section.
(b) Reactivation of a section of this rule may occur only if:
(1) a disaster has been declared and is currently in effect in this state as the result of a declaration by:
(A) the president of the United States under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.), as amended, or other law;
(B) the governor under Chapter 418, Government Code, or other law, including the Texas Constitution; or
(C) the governing body of a political subdivision under Chapter 418, Government Code, or other law, including the Texas Constitution; or
(2) a determination of a public health disaster has been made and is currently in effect under Chapter 81, Health and Safety Code, or other law by:
(A) the commissioner of state health services; or
(B) a local health authority.
(c) If the house is convened in regular or special session and at least one condition listed in Subsection (b) of this section has been met, the house may reactivate one or more sections of this rule by resolution. A resolution proposed under this subsection is subject to the provisions of Rule 14, Section 2, and must:
(1) identify the section or sections proposed to be reactivated; and
(2) cite the authorities relied on to determine that at least one condition listed in Subsection (b) of this section has been met.
(d) If the house is not convened in a regular or special session and at least one condition listed in Subsection (b) of this section has been met, the Committee on House Administration may reactivate one or more sections of this rule only by a vote of a majority of the membership of the committee in a meeting of the committee conducted in accordance with the rules. The notice of the committee meeting must identify the section or sections of this rule that are proposed to be reactivated and cite the authorities relied on to determine that at least one condition listed in Subsection (b) of this section has been met. The minutes of the committee meeting must identify the section or sections of this rule that were reactivated by the committee and cite the authorities relied on to determine that at least one condition listed in Subsection (b) of this section has been met.
Sec. 4. DEACTIVATION. (a) If the house is convened in a regular or special session, a section of this rule may be deactivated only by resolution. A resolution proposed under this subsection is subject to the provisions of Rule 14, Section 2, and must identify the section or sections of this rule to be deactivated.
(b) If the house is not convened in a regular or special session, the Committee on House Administration may deactivate one or more sections of this rule. A section of this rule may be deactivated only by a vote of a majority of the membership of the committee in a meeting of the committee conducted in accordance with the rules. The notice of the committee meeting must identify the section or sections of this rule that are proposed to be deactivated. The minutes of the committee meeting must identify the section or sections of this rule that were deactivated by the committee.
CHAPTER B. DUTIES AND RIGHTS OF THE SPEAKER
Sec. 5. A new Rule 1, Section 10A, relating to the designation of a temporary chair, shall read as follows:
Rule 1, Sec. 10A. DESIGNATION OF ALTERNATE TEMPORARY CHAIR. (a) If the speaker and permanent speaker pro tempore are both unavailable for any reason, the chair of the Committee on State Affairs is authorized to convene the house and preside over its deliberations.
(b) At any time, the speaker may provide a written order to the chief clerk, with a copy to the journal clerk, naming those members, in priority order, authorized to call the house to order and preside if the speaker, permanent speaker pro tempore, and chair of the Committee on State Affairs are all absent or unable to preside. If the speaker, permanent speaker pro tempore, and chair of the Committee on State Affairs are all unavailable for any reason, and it becomes necessary for the house to convene pursuant to an adjournment, recess, or other provision of the constitution or other law, the chief clerk shall contact the members, in the order listed on the speaker's written order, until the chief clerk locates a member who is available to convene and preside over the deliberations of the house.
Sec. 6. Rule 1, Section 11, relating to emergency adjournment, shall read as follows:
Rule 1, 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, subject to the provisions of Section 17, Article III, Texas Constitution, 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 one of the following members, in the order listed below [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:
(1) the chair of the Committee on State Affairs; or
(2) the first available member on the speaker's written order filed with the chief clerk under Section 10A of this rule.
Sec. 7. Rule 1, Section 12, relating to postponement of reconvening, shall read as follows:
Rule 1, 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, subject to the provisions of Section 17, Article III, Texas Constitution, postpone the reconvening of the house for a period of not more than three calendar days, not including Sundays [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. If the speaker is unavailable or unable to act, the authority to postpone reconvening under this section may be exercised by one of the following members, in the order listed below:
(1) the permanent speaker pro tempore;
(2) the chair of the Committee on State Affairs; or
(3) the first available member on the speaker's written order filed with the chief clerk under Section 10A of this rule.
CHAPTER C. OFFICERS AND EMPLOYEES
[RESERVED FOR EXPANSION]
CHAPTER D. ORGANIZATION, POWERS, AND DUTIES OF COMMITTEES
Sec. 8. A new Rule 4, Section 8A, relating to required face masks during committee meetings, shall read as follows:
Rule 4, Sec. 8A. FACE MASKS REQUIRED FOR COMMITTEE MEETINGS. Each person admitted to a meeting room for the purpose of participating in or attending a committee or subcommittee meeting is required to wear at all times a face mask that complies with the recommendations of the Centers for Disease Control and Prevention. A member of the house or a witness may temporarily remove the person's face mask only while speaking from a microphone on the dais or the witness podium. An officer or employee of the house may temporarily remove the person's face mask only while speaking from a microphone or as directed by the chair. If the Committee on House Administration has installed clear barriers that comply with epidemiological best practices on the dais in a meeting room, a member, officer, or employee may remove the person's face mask when the person is protected by the barriers if other persons who are not protected by the barriers are at least six feet away from the member, officer, or employee.
Sec. 9. Rule 4, Section 11, and new Rule 4, Section 11A, relating to posting notice of committee meetings, shall read as follows:
Rule 4, 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 at least 30 minutes in advance of the meeting.
(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.
Rule 4, Sec. 11A. CONTENTS OF NOTICE. In addition to other information required by the rules, the notice of a committee meeting must include:
(1) instructions, or a link to instructions on the house's Internet website, related to public access to the meeting location and health and safety protocols for attending the meeting;
(2) for a meeting that will be video broadcast under Section 12A of this rule, the link to that broadcast on the house's Internet website; and
(3) for a public hearing, instructions, or a link to instructions on the house's Internet website, for individuals who wish to:
(A) testify in person at the hearing; or
(B) electronically submit public comments without testifying.
Sec. 10. A new Rule 4, Section 12A, relating to public access to committee meetings, shall read as follows:
Rule 4, Sec. 12A. PUBLIC ACCESS TO COMMITTEE MEETINGS. The requirement for all meetings of a committee or subcommittee to be open to other members, the press, and the public may be satisfied by video broadcasting the meeting in real time through the Internet. The video broadcast must be accessible from a link on the house's Internet website.
Sec. 11. A new Rule 4, Section 16A, relating to quorum requirements for taking testimony, shall read as follows:
Rule 4, Sec. 16A. QUORUM REQUIREMENTS FOR TAKING TESTIMONY. Two members of a committee shall constitute a quorum for the sole purpose of taking testimony during a public hearing. Any other committee member may participate in the public hearing through an Internet or other videoconferencing system if two-way communication has been enabled to allow all committee members to be clearly visible and audible to each other and to the testifying witness.
Sec. 12. A new Rule 4, Section 18B, relating to the content of committee minutes, shall read as follows:
Rule 4, Sec. 18B. MODIFIED CONTENT OF COMMITTEE MINUTES. The attachment to the minutes required under Section 18(b) of this rule is not required to include the names of persons who submitted a sworn statement and were not recognized by the chair to address the committee.
Sec. 13. A new Rule 4, Section 20A, relating to invited testimony, and a new Rule 4, Section 20B, relating to public comments, shall read as follows:
Rule 4, Sec. 20A. INVITED TESTIMONY. (a) When inviting witnesses to testify at a public hearing in the manner described by Section 20(g) of this rule, the chair of a committee shall:
(1) make a reasonable effort to invite witnesses representing different viewpoints on the measures and other matters scheduled for a public hearing; and
(2) comply with a request to extend a witness invitation if the request meets the requirements of Subsections (b) and (c) of this section.
(b) Members of a committee may submit a request to the chair to extend an invitation to not more than two witnesses to testify on a particular measure or matter at a public hearing in the manner described by Section 20(g) of this rule. A member of a committee may not sign a request for more than two witnesses for a particular measure or matter scheduled for a public hearing.
(c) A request made under Subsection (b) of this section must be:
(1) submitted to the chair at least 24 hours before the scheduled time of the public hearing; and
(2) signed by the requisite number of committee members:
(A) two members of a committee consisting of fewer than nine members;
(B) three members of a committee consisting of nine members;
(C) four members of a committee consisting of more than nine but fewer than 15 members; and
(D) five members of a committee consisting of 15 or more members.
(d) The provisions of this section apply to the operations of subcommittees.
Rule 4, Sec. 20B. PUBLIC COMMENTS. For each public hearing scheduled, the chair of the committee must allow persons domiciled in this state to electronically submit comments to the committee that relate to the measures or matters included on the notice for the public hearing. The Committee on House Administration shall establish a standard process for the electronic submission and posting of public comments submitted to house committees.
Sec. 14. A new Rule 4, Section 32A, relating to the form of committee reports, shall read as follows:
Rule 4, Sec. 32A. MODIFIED CONTENT OF COMMITTEE REPORT. The list required to be included in the committee report under Section 32(b)(10) of this rule is not required to include the names of persons who submitted a sworn statement and were not recognized by the chair to address the committee.
CHAPTER E. FLOOR PROCEDURE
Sec. 15. Rule 5, Sections 11 and 12, and new Rule 5, Section 20A, relating to admission privileges of accredited media, shall read as follows:
Rule 5, 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; the lieutenant governor; the secretary of state; duly accredited media representatives only as permitted by Section 20(f) 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.
Rule 5, 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; and 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].
Rule 5, Sec. 20A. MEDIA ACCESS TO HOUSE CHAMBER UNDER RULE 16. (a) When the house is in session, an accredited media representative:
(1) is entitled to admission to that portion of the gallery specifically designated for media representatives, subject to available seating; and
(2) is not entitled to admission to the floor of the house or allowed its privileges, except as permitted by Section 20(f) of this rule.
(b) A pass card issued under Section 20 of this rule must be presented to the sergeant-at-arms each time the media representative seeks admission to that portion of the gallery specifically designated for media representatives. Media representatives admitted to that portion of the gallery specifically designated for media representatives pursuant to the provisions of this section shall work in seats designated by the Committee on House Administration for use by accredited media representatives.
Sec. 16. A new Rule 5, Section 19A, relating to face masks during floor sessions, shall read as follows:
Rule 5, Sec. 19A. FACE MASKS REQUIRED DURING FLOOR SESSIONS. Each person admitted to the house floor or gallery for the purpose of participating in, attending, providing support for, or observing house proceedings is required to wear at all times a face mask that complies with the recommendations of the Centers for Disease Control and Prevention. A member of the house may temporarily remove the member's face mask only while speaking from the front or back microphone. An officer or employee of the house or senate may temporarily remove the person's face mask only while speaking from the front or back microphone or as directed by the presiding officer. The speaker, or a member presiding under Rule 1, may temporarily remove the person's face mask only while speaking from the microphone at the speaker's desk.
Sec. 17. Rule 5, Section 40, relating to recording votes on the voting machine, shall read as follows:
Rule 5, 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 or gallery. If a member attempts to vote from the floor or gallery, 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 of this rule 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. As used in these rules, the term "voting machine" includes a device issued to a member by the Texas Legislative Council and configured to provide access to a secure website through which the member, when present in the house under Section 45 of this rule, may:
(1) register presence during a registration; or
(2) cast a vote during a division or record vote.
Sec. 18. Rule 5, Section 45, relating to areas from which voting is allowed, shall read as follows:
Rule 5, Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A member must be on the floor of the house, in the house gallery, or in an adjacent room or hallway on the same level as the house floor or gallery, in order to vote.
CHAPTER F. ORDER OF BUSINESS AND CALENDARS
Sec. 19. Rule 6, Section 1, relating to the daily order of business, shall read as follows:
Rule 6, 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.
(13) First reading and reference to committee of bills filed with the chief clerk; and motions to introduce bills, when such motions are required.
(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].
(3) [(4)] Pledge of allegiance to the United States flag.
(4) [(5)] Pledge of allegiance to the Texas flag.
(5) [(6)] Excuses for absence of members and officers.
(6) 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.
(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.
(9) First reading and reference to committee of bills filed with the chief clerk; and motions to introduce bills, when such motions are required.
Sec. 20. Rule 6, Section 7, relating to the system of calendars, and a new Rule 6, Section 7A, relating to consideration of the consensus calendar, shall read as follows:
Rule 6, 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.
(1-a) CONSENSUS CALENDAR, on which shall appear bills, not emergency in nature, that were not recommended by the appropriate standing committee for placement on the local, consent, and resolutions calendar and that, in the opinion of the Committee on Calendars, can be considered expeditiously with limited debate.
(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 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.
Rule 6, Sec. 7A. PROCEDURE FOR CONSIDERATION OF BILLS PLACED ON A CONSENSUS CALENDAR. During the consideration of a bill placed on the consensus calendar, the following procedures shall be observed:
(1) All speeches shall be limited to three minutes in duration and shall not be extended. The speaker shall call the members to order at the expiration of their time. The time limits established by this subdivision shall include time consumed in yielding to questions from the floor.
(2) An amendment to a bill placed on the consensus calendar shall not be in order during second reading consideration of the bill unless the amendment has first been submitted to and approved by the Committee on Calendars, which shall be noted thereon by the chair of the Committee on Calendars prior to the offering of the amendment.
CHAPTER G. MOTIONS
[RESERVED FOR EXPANSION]
CHAPTER H. BILLS
Sec. 21. Rule 8, Section 14, relating to distribution of committee reports, shall read as follows:
Rule 8, 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) At [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 general appropriations bill can be considered by the house on second reading:
(1) a copy of the bill must be made available to each member in an electronic format; and
(2) notice of availability of the electronic format of the bill must be sent to the Capitol e-mail address designated by each member under Subsection (a) of this section.
(a-2) A printed copy of the general appropriations bill shall be placed in the newspaper mailbox of each member as soon as practicable after the requirements of Subsection (a-1) of this section have been met.
(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.
CHAPTER I. JOINT RESOLUTIONS
[RESERVED FOR EXPANSION]
CHAPTER J. HOUSE RESOLUTIONS AND CONCURRENT RESOLUTIONS
[RESERVED FOR EXPANSION]
CHAPTER K. AMENDMENTS
Sec. 22. A new Rule 11, Section 6A, relating to the required prefiling of certain amendments, shall read as follows:
Rule 11, Sec. 6A. FILING OF AMENDMENTS TO BILLS ON THE EMERGENCY OR MAJOR STATE CALENDAR. The speaker shall not recognize a member to offer an original amendment to a bill on second reading that appears on the emergency calendar or major state calendar unless the amendment has been provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and was available in the chief clerk's office at least 12 hours prior to the time the calendar on which the bill to be amended is eligible for consideration. This section does not apply to an amendment that is subject to Section 6(g) or (h) of this rule.
CHAPTER L. PRINTING
[RESERVED FOR EXPANSION]
CHAPTER M. INTERACTIONS WITH THE GOVERNOR AND SENATE
[RESERVED FOR EXPANSION]
CHAPTER N. GENERAL PROVISIONS
[RESERVED FOR EXPANSION]
Amendment No. 1
Representatives Hunter, Hernandez, Landgraf, Moody, Murphy, and C. Turner offered the following amendment to HR 4:
Amend HR 4 (adopting the rules of the House of Representatives of the 87th Legislature) as follows:
(1) In Rule 5, Section 51, strike page 109, lines 21-25, and substitute the following:
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.
(2) In Rule 16, Section 11, relating to quorum requirements for taking testimony, on page 209, line 13, insert "clearly audible" between "and" and "to the testifying witness".
(3) Strike Rule 16, Section 12 (page 209, lines 14-21), which relates to the content of the witness list attached to committee minutes.
(4) In Rule 16, Section 13, which relates to invited testimony, strike page 209, line 25, through page 211, line 8, and substitute the following:
Rule 4, Sec. 20A. INVITED TESTIMONY. (a) When inviting witnesses to testify at a public hearing in the manner described by Section 20(g) of this rule, the chair of a committee or subcommittee shall make a reasonable effort to invite witnesses representing different viewpoints on the measures and other matters scheduled for a public hearing.
(5) Strike Rule 16, Section 14 (page 211, lines 18-25), which relates to the witness list attached to the committee report.
(6) Strike Rule 16, Section 20 (page 219, line 10, through page 222, line 10), which relates to the consensus calendar.
(7) Strike Rule 16, Section 22 (page 224, lines 12-26), which relates to filing of amendments to the bills on the emergency or major state calendar, and substitute the following:
[RESERVED FOR EXPANSION]
Amendment No. 1 was adopted.
(Harris in the chair)
Amendment No. 2
Representative Middleton offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 8 as follows:
(1) On line 7, strike "HALL" and substitute "AREAS [HALL]".
(2) On line 7, strike "The" and substitute "(a) Except as provided by Subsections (b) and (c) of this section, the [The]".
(3) On line 11, strike "house; except that the" and substitute the following:
house.
(b) The[; except that the]
(4) Between lines 14 and 15, insert the following:
(c) A person required to register as a lobbyist under Chapter 305, Government Code, may not enter, at any time during a regular or special session of the legislature, a hallway behind the house chamber or any room or part of the Capitol assigned for use by the speaker or the speaker's staff.
PARLIAMENTARY INQUIRY
REPRESENTATIVE CANALES: If a member lays out an amendment but fails to move to adopt the amendment, is it properly before the house to even consider?
CHAIR (Harris in the chair): Yes.
REMARKS ORDERED PRINTED
Representative Canales moved to print remarks between the chair and Representative Canales.
The motion prevailed.
Amendment No. 2 failed of adoption.
Amendment No. 3
Representative Slaton offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 55 as follows:
(1) On line 10, strike "The" and substitute "Subject to Section 2A of this rule, the[The]".
(2) Between lines 25 and 26, insert the following:
Sec. 2A. REQUIREMENT APPLICABLE TO CERTAIN COMMITTEE CHAIRS. If, at the time the speaker announces the membership of committees, the members of one political party constitute a majority of the membership of the house, the speaker shall designate a member of that party to serve as chair of the following committees:
(1) the Committee on Appropriations;
(2) the Committee on Calendars;
(3) the Committee on Elections;
(4) the Committee on Homeland Security and Public Safety;
(5) the Committee on Judiciary and Civil Jurisprudence;
(6) the Committee on Land and Resource Management;
(7) the Committee on Public Education;
(8) the Committee on Public Health;
(9) the Committee on Redistricting;
(10) the Committee on State Affairs; and
(11) the Committee on Ways and Means.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 3 failed of adoption by (Record 8): 11 Yeas, 127 Nays, 2 Present, not voting.
Yeas — Biedermann; Cason; Holland; Middleton; Schaefer; Shaheen; Slaton; Stephenson; Tinderholt; Toth; Vasut.
Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Sherman; Shine; Slawson; Smith; Smithee; Stucky; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.; Wilson.
Absent — Cortez; Schofield; Swanson.
STATEMENTS OF VOTE
When Record No. 8 was taken, I was in the house but away from my desk. I would have voted no.
Cortez
When Record No. 8 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
Krause
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
Leach
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
Patterson
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
Paul
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
Sanford
When Record No. 8 was taken, I was shown voting no. I intended to vote yes.
E. Thompson
REASON FOR VOTE
Representative Parker submitted the following reason for vote to be printed in the journal:
Since 1975, this distinguished body has had a history of limited minority party committee chairmen. This is in direct contrast to our federal counterparts. I cannot, in good conscience, support a measure that would make Texas more like Washington. It is my belief that we should have a continued reliance on our republican speaker to choose the right person to chair each committee and always trust that they will support the agenda of the majority of members. This system has served Texas well for 46 years and I support keeping it in place.
(Wilson now present)
Amendment No. 4
Representative Martinez Fischer offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 47, line 23, strike "15" and substitute "21 [15]".
(2) On page 54, line 9, between "committee" and the comma, insert "and the Committee on Redistricting".
(3) On page 55, line 1, between "committee" and the period, insert ", other than the Committee on Redistricting".
(4) On page 55, line 6, between "committees" and "shall", insert ", other than the Committee on Redistricting,".
AMENDMENT NO. 4 - REMARKS
REPRESENTATIVE MARTINEZ FISCHER: I appreciate the layout by Chairman Hunter and the rules working group. I definitely want to echo how much we had the opportunity to work on these. I know that members and caucuses met yesterday, and it's very gratifying to see us meet for over two hours to discuss these rules and even more appreciative to see these rules change in regard to the feedback that was being received by these changes to the rules. So I want to acknowledge that and be very appreciative for that.
When I have trouble sleeping at night, sometimes I read a few rules and sometimes I read a few court cases. And those of you know that I spend a lot of time working on voting rights and redistricting. And while we're not there yet––we've yet to have a committee and some people think that's miles and miles away––redistricting begins today as we take votes. Every single thing we do with regard to redistricting, I can tell you for the freshmen who are just getting here if you don't already know, every decade since the 1970s, this body and this state has found itself either in a conference room of the United States Department of Justice or in a federal courtroom since the days of preclearance. Many of you also know that in the coming days there may be new opportunities to evaluate redistricting and voting rights with a new administration, a new justice department, a new house, a new senate, and a new White House. Keeping with that, I think it's important to tell you that every single decade, whatever map we pass off this floor never becomes the final map. This will be my fourth redistricting. The first maps that I looked at in 2001, the final map was drawn by a court. With the mid-decade congressional maps in '03, the final maps were drawn by a federal court. And the redistricting maps of 2011 that took six or seven years to resolve were finally drawn by a court. And the only thing the court really has to look at when they evaluate these things are the maps themselves and our procedures, our process, our evidence, and our records. And so whenever there's a deviation in process, that's how we win these cases, whether it's redistricting, voter ID, you name it.
One of the most discussed topics in redistricting is how does a committee get appointed. The Redistricting Committee currently is a procedural committee, but we all know the work is not procedural. More and more, the work has become substantive, and if this was a substantive committee then seniority would decide half the seats. If it's a procedural committee, the speaker will pick all the seats himself, and I think the speaker would do a good job, and I think we'd all have an opportunity to have that input. But when you look at the essence of what this will be, this will be about minority voting rights. This will be about minorities having opportunities to elect candidates of their choice, for voters to see their reflections in their public servants. More cases are being litigated that come out of the Committee on Redistricting than State Affairs––if you look at SB 4, or Public Health or Appropriations, if you look at women's health. And so the reason why this committee never becomes a substantive committee is because it's only exciting for two years and then it's really not in the other sessions. And to create a substantive committee, you have to take committee membership away from other committees. So what I noticed in this rules package, there was a proposal that I believe is still in the version before us now––I didn't get a chance to read the entirety of the amendment we adopted from Chairman Hunter. But on page 64, it says that the Redistricting Committee will be treated like a substantive committee for paperwork purposes. So what this amendment does is we will also apply that same protocol to the committee itself. We will keep the Redistricting Committee as a procedural committee, but we will allow half of the membership to be appointed by seniority. And the reason why that's important is when I look at the seniority chart, minorities make up six of the top 10 most senior members of the house. They make up 12 of the top 20 members of the house, and they make up 13 of the top 21. So this amendment is pretty simple. Let's expand the committee from 15 to 21. Let's keep it procedural and let half those appointments be made by the speaker, let half those appointments be made by seniority, and, of course, the speaker retains the right to appoint the chair and vice-chair. That's all this amendment does, and I'd like to see it get adopted.
REPRESENTATIVE HUNTER: Members, there will be some redistricting amendments. I will only be asking the membership to vote no. I will not be making commentary, but the amendment authors have the right. My comments on all redistricting and this amendment is oppose it and to please vote no.
MARTINEZ FISCHER: Chairman Hunter, I agree, with all due respect, that with redistricting we have to move very carefully. He's right. I think it's a good idea not to say a whole lot because it becomes part of the record. That's how controversial redistricting is. If we find ourselves in a courtroom arguing how did these maps come out the way they came, how was West Texas impacted because of population losses, how was the Dallas Metroplex that has such dynamic growth, how did this map change the outcome––it's important that we have the brightest minds and the hardest-working members. This committee should be built just like everybody else, where members who have the seniority ought to have the option to participate if they choose. The speaker has the ability to put in the best members that he believes need to serve. The leadership always will revert back to the speaker.
Again, it doesn't change anything other than the number of seats and who gets to pick them. If we put a high value on picking our desks, picking our parking spaces, and picking our offices––if we value that, we ought to value the work that we do. I don't think anybody will say to me that redistricting is just a procedural committee. I think we know it's very substantive in nature. If it's a substantive committee with real consequences, it affects every member of this body. I think we ought to treat it as a substantive committee. We're already admitting that for paperwork purposes this is a substantive committee. So we are deviating from all the rules of the procedural committees to give this one extra powers, but it's not substantive enough for us to have a say on who gets a seat with our seniority. I predict that we will not hear the last word on this conversation should this not adopt. I think this is important. I think deviations from procedure are the things that get us to prevail in federal court. My hope is that we take this amendment, and my suspicion is, in the event that we don't, we'll still be talking about it. Chairman Hunter, thank you for your indulgence. Members, thank you, and I ask you to vote yes on the amendment, and I'm asking for a record vote.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 4 failed of adoption by (Record 9): 61 Yeas, 80 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Guerra; Guillen; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Raymond; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Cortez.
STATEMENTS OF VOTE
When Record No. 9 was taken, I was in the house but away from my desk. I would have voted yes.
Cortez
When Record No. 9 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 9 was taken, I was shown voting no. I intended to vote yes.
Guerra
REMARKS ORDERED PRINTED
Representative Martinez Fischer moved to print all remarks on Amendment No. 4 on HR 4.
The motion prevailed.
Amendment No. 5
Representative Slaton offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) in Rule 4, Section 2 (page 55, lines 10-11), by amending Subsection (a), Subdivision (7), to read as follows:
(7) The speaker shall designate the chair and vice-chair from the total membership of the committee. If, at the time the speaker designates the chair, members of one political party represent a majority of the seats in the house, the speaker shall appoint a chair who is a member of the majority party.
AMENDMENT NO. 5 - REMARKS
REPRESENTATIVE CAIN: I know I only have an "R" by my name on the general election ballot. I'm a conservative republican. My conservative credentials, you could say, are hardly to be questioned. According to multiple rankings, I've––since my first session––been considered the most conservative republican in this chamber. I've been a delegate to the state convention of the Republican Party of Texas since 2010. I was in attendance at the 2016 Republican National Convention. I'm loyal to the Republican Party platform. When drafting bills, I first look to the party platform to determine whether I should file a bill that advances what the conservative grass roots believes is their platform. On November 6, I flew to Philadelphia, Pennsylvania, to serve as a volunteer attorney for the Trump legal team. With my own eyes, I saw election fraud. I spoke to election workers and voters and wrote affidavits under the penalty of perjury. One month ago, on December 14, I was in this chamber as a presidential elector, where I happily cast my electoral vote for President Trump. I'm a republican. For two sessions I've gone to war with liberal ideas––ideas in the form of legislation I believe grew government, infringed on constitutional rights, and decreased individual liberties. The ideas I fought and I will continue to fight have been filed by members of both political parties.
What the member from Hunt County proposes is the rule of the United States House of Representatives. I don't think there is anyone in this room who would argue that Texas should function more like the District of Columbia. The reason why the Texas House works so well is because we don't operate like the federal government. In the U.S. House, the majority party runs the show and no member of the minority party is given a committee chairmanship. There are 83 republicans in this chamber, some of whom vote more like members of the other party, in my opinion. For Pete's sake, just yesterday, 10 republicans joined democrats and voted to impeach President Donald Trump. Similarly, there are members of the minority party in this chamber whom I believe vote more conservatively than some of the majority party.
I cannot vote for this amendment, not because I support the values of the Democratic Party, not because I disagree with the concept found in this amendment. I cannot support this amendment because the amendment takes us one step closer to looking like Washington, D.C. This chamber exists so that we many deliberate ideas, work the process, and work hard to pass and kill bills on behalf of our constituents. We don't need to have republican-only chairs to do that. We never had in the past; we don't need them now. Because the failure to pass grassroots priorities has not come because of democrat chairs. It's happened, in my opinion, because the majority party has not often acted like republicans. To be honest, there's a lot of my democrat colleagues here that I'd much rather have chairing certain committees than some of my republican colleagues––just a few of you guys. Believing that doesn't make me any less conservative. I, therefore, will be respectfully voting no.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 5 failed of adoption by (Record 10): 5 Yeas, 135 Nays, 2 Present, not voting.
Yeas — Biedermann; Cason; Slaton; Stephenson; Tinderholt.
Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Middleton; Schofield.
STATEMENTS OF VOTE
When Record No. 10 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 10 was taken, I was in the house but away from my desk. I would have voted yes.
Middleton
When Record No. 10 was taken, I was shown voting no. I intended to vote yes.
Paul
When Record No. 10 was taken, I was shown voting no. I intended to vote yes.
E. Thompson
REASON FOR VOTE
Representative Parker submitted the following reason for vote to be printed in the journal:
Since 1975, this distinguished body has had a history of limited minority party committee chairmen. This is in direct contrast to our federal counterparts. I cannot, in good conscience, support a measure that would make Texas more like Washington. It is my belief that we should have a continued reliance on our republican speaker to choose the right person to chair each committee and always trust that they will support the agenda of the majority of members. This system has served Texas well for forty-six years and I support keeping it in place.
REMARKS ORDERED PRINTED
Representative Leach moved to print remarks by Representative Cain on Amendment No. 5 on HR 4.
The motion prevailed.
Amendment No. 6
Representative Herrero offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 47, line 22, between "(PROCEDURAL)." and "The", insert "(a)".
(2) On page 48, between lines 4 and 5, insert the following:
(b) The committee shall hold regional hearings to solicit public input on redistricting, including local communities of interest.
(c) The committee may meet to conduct a regional hearing in any location in this state that the chair determines appropriate to encourage participation from all areas of the state. The committee may allow the use of two-way videoconferencing to facilitate testimony from the general public during a regional hearing held in the Capitol.
(d) A witness testifying by videoconference must be clearly visible and audible to the committee members. A committee member questioning a witness by videoconference must be clearly visible and audible to the witness and the committee members.
(e) A witness testifying by videoconference must submit a witness affirmation form before testifying.
(f) The chair may provide procedures for the orderly participation of witnesses and may reasonably limit the time for registration of witnesses, the order of appearance, and the time allotted for each witness in order to provide all witnesses the opportunity to be heard in a timely manner.
(g) The committee may not consider or take formal action on a specific bill, resolution, or other nonprocedural matter during a regional hearing, except for the adoption of permanent rules at an initial meeting held in the Capitol.
AMENDMENT NO. 6 - REMARKS
REPRESENTATIVE HERRERO: This amendment is proposed so that the general public across the State of Texas has an opportunity to speak their mind when it comes to redistricting. Given the current and significant public health crisis posed by COVID-19 and the significant impact that redistricting has on all Texans, the Redistricting Committee, under this amendment, would be allowed for the public to participate and to take testimony via videoconferencing. Under Section 2 of the Voting Rights Act, it prohibits diluting the votes of politically cohesive communities regardless of intent. In order to successfully redraw district lines per the Voting Rights Act, communities must have a safe and meaningful opportunity to testify so that they may make their interests known. Providing public testimony via videoconferencing will protect communities from COVID-19 transmission and will provide an opportunity for more communities to participate. It should be our goal and the goal of the 87th Texas Legislative Session to be among the most transparent legislative sessions in Texas history. Currently, there is distrust in the workings of government, and it is at an unprecedented high level, so providing an opportunity for communities to safely participate in their government will help to provide the transparency necessary to restore the faith in our government. Successful redistricting processes include community input because it is the communities that are the most impacted by this endeavor. Providing public testimony via videoconferencing will help ensure that the redistricting effort is an inclusive and considerate effort. And with that, I move for the adoption of the amendment.
HUNTER: Members, the amendment deals with redistricting. As I've indicated as we started, I'm urging vote no.
(Speaker in the chair)
HERRERO: Again, allowing our general public to participate during the redistricting process is important, whether it be here in the house or out in our communities. And so just to be clear, this amendment is only as to redistricting and it's only as to regional hearings. And it's all fully to the discretion of the chair. So between the chair and the speaker and others that make decisions, the chair of the Redistricting Committee can decide how to implement this amendment. And so with that, I move for the adoption of this amendment.
REPRESENTATIVE WU: Mr. Herrero, the Redistricting Committee has to take input from a lot of different communities. Is that not correct?
HERRERO: That is correct.
WU: And Texas is a very large and diverse state. Is that correct?
HERRERO: Yes.
WU: And not all of our communities have the same access to the legislature that other communities have. Would you say that's fair?
HERRERO: That is fair.
WU: And in fact, we have many communities, especially rural communities, that don't have easy access and cannot make the drive to the nearest Redistricting Committee location or whatever else. And many parts of the state would fall under that category.
HERRERO: That is correct.
WU: And if communities do not have the ability or reasonably easy access, then they would not have the ability to have their say in what happens in redistricting, correct?
HERRERO: That is correct.
WU: And if they don't have access and have the ability to have their say during redistricting, potentially they would not be represented well when the districts are carved up. Is that fair?
HERRERO: Yes.
WU: And what you're trying to do in this amendment is try to equalize the access for underrepresented communities. Is that right?
HERRERO: Not just underrepresented communities but everyone alike.
WU: And would it be fair to say that your amendment is an attempt to make the redistricting process more equitable and more fair?
HERRERO: Equitable, fair, open, inclusive, and transparent.
REMARKS ORDERED PRINTED
Representative Wu moved to print all remarks on Amendment No. 6 on HR 4.
The motion prevailed.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 6 failed of adoption by (Record 11): 65 Yeas, 76 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Middleton; Schofield.
STATEMENTS OF VOTE
When Record No. 11 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 11 was taken, I was in the house but away from my desk. I would have voted no.
Middleton
Amendment No. 7
Representative Cason offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 61, strike lines 9 through 12.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 7 failed of adoption by (Record 12): 33 Yeas, 109 Nays, 1 Present, not voting.
Yeas — Anderson; Bell, K.; Biedermann; Burns; Cain; Cason; Cook; Gates; Holland; Klick; Krause; Leach; Middleton; Morales Shaw; Murr; Patterson; Paul; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Ashby; Bailes; Beckley; Bernal; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Kuempel; Lambert; Landgraf; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Smith; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Schofield.
STATEMENTS OF VOTE
When Record No. 12 was taken, I was shown voting no. I intended to vote yes.
Ashby
When Record No. 12 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 12 was taken, I was shown voting no. I intended to vote yes.
Hull
When Record No. 12 was taken, I was shown voting no. I intended to vote yes.
Landgraf
Amendment No. 8
Representative Walle offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 66, between lines 3 and 4, by adding the following appropriately numbered section:
Sec. ____. LIVE BROADCAST OF REDISTRICTING MEETINGS. Audio and video of all meetings of the Committee on Redistricting shall be broadcast live on the Internet for public viewing regardless of where the meeting is held.
AMENDMENT NO. 8 - REMARKS
REPRESENTATIVE WALLE: Rule 4, Section 12, provides that all committee meetings must be open to the public, press, and other members, unless specifically provided otherwise by an adopted house resolution. Given the current and significant public health crisis posed by COVID-19 and the significant impact that redistricting has on all Texans, all Redistricting Committee meetings should be available to stream online in real time whether inside or outside the Capitol. Frankly, inside the Capitol is not the issue. It's particularly when we're out in field hearings as we participated in the past over the interim. In order to successfully redraw district lines per the Voting Rights Act, communities must have access to all Redistricting Committee meetings so that they may make their presence known and so that their community is not unintentionally separated. Providing a livestream of all Redistricting Committee hearings will ensure that this goal is achieved. Members, livestreams of all Redistricting Committee hearings will work to protect the intent of the legislature by providing an accurate record that can withstand judicial scrutiny. Mr. Speaker, members, I move adoption.
WU: Mr. Walle, I don't know if you heard the exchange between myself and Representative Herrero earlier. But you would agree with me that Texas is a very large and diverse place, would you not?
WALLE: Absolutely. It's extremely diverse, pushing 30 million people. A good number of that growth, we suspect, will be in the minority communities that provided that percentage of growth in the last 10 years.
WU: And many of our communities are in places that are very, very remote, correct?
WALLE: Absolutely, from East Texas, West Texas, and then obviously all our large metropolitan areas.
WU: And we have community members who are disabled and are not really able to get around, maybe not even be able to get out of the house. Would that be fair?
WALLE: That's exactly right.
WU: And we traditionally broadcast pretty much every scheduled committee hearing and any type of action that we take on a regular basis, do we not?
WALLE: Absolutely. While we're in the Capitol, that is a practice and the way we conduct ourselves as a committee and as a body.
WU: In fact, when we have interim committee hearings outside of the Capitol, when we go to districts to have, let's say, to have a committee hearing about Hurricane Harvey recovery, those meetings are broadcast as well, correct?
WALLE: They're broadcast, but I think they're archived. I'd have to get corrected on if they're live. So that's always an issue––facilities actually have capabilities for a livestream in our field hearings.
WU: But would it be fair to say that broadcasting redistricting hearings would not be an unusual or difficult thing to do?
WALLE: I agree.
HUNTER: Members, this is a redistricting amendment. I urge you to vote no.
WALLE: In the name of transparency, members, I move adoption of this amendment.
REMARKS ORDERED PRINTED
Representative Wu moved to print all remarks on Amendment No. 8 on HR 4.
The motion prevailed.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 8 failed of adoption by (Record 13): 66 Yeas, 77 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Tinderholt; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 13 was taken, I was shown voting no. I intended to vote yes.
Biedermann
When Record No. 13 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 13 was taken, I was shown voting no. I intended to vote yes.
Slaton
Amendment No. 9
Representative C. Turner offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 69, between lines 25 and 26, by inserting the following appropriately numbered section:
Sec. ____. HIRING OF CERTAIN EXPERTS. (a) The Committee on Redistricting shall retain the services of legal and data experts who are available to assist any member of the committee.
(b) On the written request of the minority party members of the Committee on Redistricting, the committee shall provide separate legal and data experts to those members.
(c) For the purpose of paying expenses related to retaining experts under this section, the Committee on Redistricting may accept gifts, grants, and donations as provided by Sections 301.032(b) and (c), Government Code, or use any available funds appropriated for the use of the legislature.
AMENDMENT NO. 9 - REMARKS
REPRESENTATIVE C. TURNER: As we've already heard today from several members about the redistricting process, it's a complex process and one that requires expert legal and technical assistance to ensure compliance with both the U.S. Constitution and the Voting Rights Act. In the past, federal courts have routinely found that the Texas redistricting process has violated federal law and the Constitution. The state has spent tens of millions of dollars on these court cases only to consistently lose. To make sure that this cycle's redistricting process is fair and legal, all members of the House Committee on Redistricting should have access to independent counsel and data experts, not just members of the majority party. It is my sincere belief that a lot of the challenges our state has had in the past when it comes to redistricting can be traced back to a lack of qualified expert advice during the map-drawing process. This amendment would require just that. It would allow members of the minority party to obtain separate legal and data experts upon request and ensure funding for these experts. Even though we will likely still have disagreements, a collaborative process of appropriate experts for both sides could only increase the chances that the final map will be approved by federal courts.
REPRESENTATIVE ANCHIA: In the past during redistricting, at least during the last decade, the majority had access to real-time legal counsel from not only the TLC but also from the attorney general's office, right? So that anytime there was a change to a map, the attorney general's office was counseling the majority party as to its compliance with the U.S. Constitution, the Voting Rights Act, et cetera. Is that your understanding?
C. TURNER: That is my understanding. It's my understanding that the court records indicate exactly that, as well as the speaker's office at the time.
ANCHIA: That's right. And would you not agree that the lack of counsel for the minority creates a situation where we have not only a resource asymmetry but also an information asymmetry as we're moving through this process?
C. TURNER: Well, absolutely, and I think the state would have every interest in ensuring a fair process to take out as many perceptions of unfairness as possible.
ANCHIA: And all your amendment does is request that the minority be given access to counsel that could advise the minority on compliance of a particular plan with the Voting Rights Act, the Texas Constitution, and the U.S. Constitution. Correct?
C. TURNER: Yes, absolutely right.
ANCHIA: Thank you for your amendment.
C. TURNER: Thank you, Chairman Anchia. I move adoption.
HUNTER: Members, this is a redistricting amendment. I urge voting no.
C. TURNER: Thank you, members. I would ask that you vote for this amendment simply to ensure that all members of the Redistricting Committee have access to expert advice and legal counsel. I move adoption.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 9 failed of adoption by (Record 14): 65 Yeas, 77 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Dean.
STATEMENTS OF VOTE
When Record No. 14 was taken, I was shown voting no. I intended to vote yes.
Cason
When Record No. 14 was taken, I was excused because of illness. I would have voted no.
Darby
REMARKS ORDERED PRINTED
Representative Anchia moved to print all remarks on redistricting amendments on HR 4.
The motion prevailed.
Amendment No. 10
Representative Tinderholt offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 71, between lines 21 and 22, by inserting the following appropriately numbered section:
Sec. ____. COMMITTEE VOTE REQUIRED ON REQUEST OF AUTHOR OR SPONSOR. At the request of the primary author or sponsor of a bill or resolution that has been heard at a public hearing of a committee, the chair of the committee shall hold a record vote on whether to favorably report the bill or resolution not later than the earlier of:
(1) the 14th day after the date of the request; or
(2) the last day on which the committee could refer the bill or resolution to the appropriate calendars committee in sufficient time to allow for the bill or resolution to be considered for placement on a calendar for second reading under the deadlines imposed by Rule 8, Section 13.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 10 failed of adoption by (Record 15): 21 Yeas, 122 Nays, 1 Present, not voting.
Yeas — Allison; Biedermann; Cain; Cason; Holland; Krause; Middleton; Paul; Ramos; Sanford; Schaefer; Slaton; Smithee; Stephenson; Swanson; Thompson, E.; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allen; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Stucky; Talarico; Thierry; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
STATEMENT OF VOTE
When Record No. 15 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 11
Representative Ortega offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 76 as follows:
(1) Between lines 15 and 16, insert:
(c-1) Each committee report on a redistricting bill, including a complete committee substitute, that establishes or changes the composition of any districts used to elect public officials must include a statistical analysis of relevant election data designed for the purpose of evaluating the bill's impact on the ability of racial voting blocks to elect candidates of their choice.
(2) On line 18, between "(c)" and "of", insert "or (c-1)".
AMENDMENT NO. 11 - REMARKS
REPRESENTATIVE ORTEGA: Members, this amendment would require that any bill which redraws legislative, congressional, SBOE, or judicial districts include an analysis that assesses how groups protected under the federal Voting Rights Act are impacted by the proposed new maps. Texas has a long history of lawsuits in redistricting. This last decade, the state was found to have first violated the United States Constitution in 2011 and again in 2013 when it redrew HD 90. The preclearance provision of Section 5 of the Voting Rights Act required the state to demonstrate to the Department of Justice that its proposed maps did not have a discriminatory impact. This protection, for the first time in half a century, is no longer in place. Without preclearance there will be no public analysis from the state on whether its proposed maps will have a discriminatory impact. Not every member, organization, or, most importantly, individual Texan has the tools and the time necessary to do a meaningful analysis of a proposed map. The Texas Legislative Council, however, operates the redistricting software that we all use and has mapping and legal professionals that likely will perform this analysis. It is important for determining compliance with the Voting Rights Act that members are able to fully appreciate how maps will affect the ability of protected groups to elect candidates of their choice. There are a wide variety of data that goes into determining VRA compliance. Given the past history, it is also critical that an analysis actually explains what underlying data and methodology was used to arrive at its conclusion. I move for adoption.
WU: Ms. Ortega, earlier you mentioned that Texas has gone through a number of lawsuits over elections, redistricting, and voting rights. Are you aware of how many times the state has been found to be in intentional discrimination of minority groups in the past 10 years?
ORTEGA: Well, two definitely. I'm not sure if there was more than that.
WU: And in fact, the courts have ruled against the state and the work done in this body quite frequently. Would that be fair?
ORTEGA: Yes.
WU: And one of the primary reasons for the strikes is for discrimination against groups, is that correct?
ORTEGA: Yes, and specific minority groups.
WU: And what you're requesting in this amendment is that our decisions be made with actual data, is that correct?
ORTEGA: Statistical data that's important to be able to analyze the redrawing of the maps.
WU: And the opposite of this amendment would just do?
ORTEGA: I have no information available.
WU: Have a guess---just make a wild guess.
ORTEGA: Correct.
WU: So is racial data easily available from, let's say, the U.S. Census?
ORTEGA: No, and especially with the time period we have with redrawing the maps, it's important to actually have the state group analyze it and provide us information.
WU: Make the analysis---this amendment would require the analysis. But the raw data is there.
ORTEGA: Correct, it is.
WU: So we wouldn't have to conduct our own census if your amendment went in.
ORTEGA: That's correct.
WU: In fact, your amendment would require nothing more than for the state to just process the data and analyze it under these qualifications.
ORTEGA: That's correct---the simple thing to do because they have the information available.
WU: This would not be a great burden on this body or on the State of Texas?
ORTEGA: No, it would not.
WU: It is something that is easy and will prevent future discrimination.
ORTEGA: And prevent potentially future lawsuits where we waste a lot of money.
HUNTER: Members, this is a redistricting amendment. I will be opposing, so please oppose the amendment.
ORTEGA: Again, this is only asking for data---data that is available to the state. It provides for transparency and it could prevent future lawsuits, a waste of money. I move adoption.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 11 failed of adoption by (Record 16): 64 Yeas, 77 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — González, M.; Smithee.
STATEMENT OF VOTE
When Record No. 16 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 12
Representative Anchia offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 82, between lines 12 and 13, add the following appropriately numbered section:
Sec.____. PREFILING OF COMMITTEE AMENDMENTS TO AND SUBSTITUTES FOR REDISTRICTING BILLS. A committee may not consider or recommend an amendment to, or consider or adopt a complete committee substitute for, a redistricting bill that establishes or changes the composition of any districts used to elect public officials unless the text of the amendment or substitute is made available on the committee's Internet website for at least 72 hours prior to the posted time of the hearing or meeting at which the amendment or substitute is considered, recommended, or adopted.
(2) On page 173, following line 27, insert the following:
(g-1) The speaker shall not recognize a member to offer any amendment to a redistricting bill that establishes or changes the composition of any districts used to elect public officials unless the amendment has been provided to the chief clerk, in a manner determined by the chief clerk under the direction of the Committee on House Administration, and was available in the chief clerk's office at least 72 hours prior to the time the calendar on which the bill appears is first eligible for consideration.
(3) On page 174, line 18, strike "and".
(4) On page 174, line 23, strike the period and substitute "; and".
(5) On page 174, between lines 23 and 24, insert:
(4) members of the public using the system available on the Internet may view any amendment required to be provided to the chief clerk under Subsection (g-1) of this section as soon as practicable after the amendment is provided to the chief clerk.
(6) Redesignate provisions of the rules and references to those provisions as necessary.
AMENDMENT NO. 12 - REMARKS
ANCHIA: You know, I was coming back to this session with a little bit of trepidation. There have been a number of elections, difficult times in the state Capitol, but it really feels good to be back in the saddle again, and I want to honor the work that the working group has done on this bill. Speaker Moody and Ana Hernandez, both of whom I've worked very closely with over the years, Brooks Landgraf––tall, sharp, good-looking lawyer from West Texas––thank you for your work on this. And Mr. Chairman, the man in black, you have both in your countenance and in your attire foreshadowed the eventual outcome on every amendment so far. But it is not enough simply to say that because something is related to redistricting, it does not belong in the house rules. In fact, we should be talking about redistricting in the house rules because it impacts not only every one of us as elected officials, but it impacts the communities of interest that we represent throughout the state.
And I've got to tell you, this is not a place where we have shone during the last decade. In fact, we did not have final maps until 2017 despite a requirement that we produce something for our constituents, for this state, far in advance. And the process, as we all know, has been plagued by serious, serious deficiencies. When we had the 2011 and, later, the 2013 maps, there were last-second amendments offered in both chambers with no public knowledge. Even members were left in the dark as to what these amendments did to their respective districts. We had to take the word of a democratic author, a republican author. And I even remember times in a city that I represented when we had two members of the three-member delegation come up and offer a map that would have completely taken me out of one of the cities that I represented without any public comment, without any notice, and all done in the dark.
So I've heard a lot about transparency today, and we are sent here to do two really important things this session: one is pass the budget and the other is do redistricting as a result of the decennial census. So in order to be effective, the public needs access to this process and not just to the text of an amendment setting forth the metes and bounds of a particular district. They need to be able to look at maps. They need to be able to make sure that the people they worship together with, the people that they see at the grocery store, the communities of interest that they are involved in through their nonprofit work, through their neighborhood associations, are, in fact, kept together.
As a result, I've offered this amendment which simply requires a 72-hour prefiling for floor amendments related to redistricting, so that none of you are surprised, broadsided, or ganged up on in your respective delegations. And so that not only you but the people that you represent have an adequate opportunity to look at the maps, at the data, to understand which street that gerrymandered line is coming down, and then to organize––to organize in support of you, their representative who they want to keep as part of this process. And this is not an infirmity of the process that was just recognized for democrats, for people of color. Keep in mind that when we did redistricting last time, I saw a bunch of freshman members from rural areas also become paired at the last minute through this process, virtually all of them republicans. And so members, if the legislature is going to follow a transparent process, this amendment is really just a baseline. It's minimal. It is minimal, but it is absolutely necessary. And therefore, members, I move adoption.
C. TURNER: Are you aware that the House Committee on Redistricting held a series of field hearings across the state in 2019 and the early part of 2020 and one of the constant refrains we would hear from witnesses was the desire to be able to come to the committee and testify again once actual maps have been proposed? I'm sort of stating that to see if you're aware of it, but also, am I correct that your amendment would address those concerns straight on?
ANCHIA: Absolutely, and look, redistricting is a tough process, right? It's been likened to everybody getting in a room, turning off the lights, and then drawing their sabers, hacking around, turning the lights back on, and figuring out who's still standing, right? I've heard. I've been involved with redistricting now four times––five times, actually, both at the local level and at the state level. It frays relationships. It creates big problems for community. It divides people who live across the street from each other, oftentimes for no reason except for political whim and self-preservation. We are, after all, self-interested in this process because we have a desire to get reelected. That is clear. And until we remove our bias from this process, we are stuck with the process that we have. And the process that we have needs to include––and the chairman said this eloquently earlier––include rules that permit the public to be involved in the process, especially during this pandemic––especially in this pandemic when this building will have limited access, when we will have limited access to each other.
C. TURNER: I was just going to compliment your amendment and believe that I'll represent to you that in the testimony we heard in El Paso, the Rio Grande Valley, in Houston, in Dallas, Fort Worth, Austin, San Antonio, and across the state, we consistently heard this complaint. We want to be able to see the maps and absorb the maps and have the ability to give you feedback so you can take that into account. I think your amendment would address those concerns.
ANCHIA: It's a 72-hour layout, members, for amendments. That's all.
HUNTER: Members, this is a redistricting amendment. I urge you to vote no.
ANCHIA: I'm grateful, again, and I will reiterate my admiration for the chairman, for the work that his group has done. I will, however, note that despite their brilliance, they are not able to catalog the entire universe of good ideas that come off of this house floor. And I would offer that a 72-hour layout period for an amendment on something as important as redistricting should be observed by this house as a best practice. So to the members of the working group, I salute you, I offer you my thanks, and I offer this amendment to the body.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 12 failed of adoption by (Record 17): 65 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
STATEMENT OF VOTE
When Record No. 17 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 13
Representative Toth offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 86, between lines 6 and 7, by inserting the following appropriately numbered section:
Sec.____. RESOLUTION INTO A COMMITTEE OF THE WHOLE HOUSE TO CONSIDER STATE OF EMERGENCY DECLARATION. (a) This section applies only to a bill that:
(1) proposes to terminate or modify a state of disaster or emergency declared by the governor; and
(2) has not been referred to a committee.
(b) If a motion signed by at least 25 members is filed with the speaker, the speaker shall immediately refer a bill described by Subsection (a) to the committee of whole house.
(c) Notwithstanding any other rule, not later than 48 hours after a bill is referred under Subsection (b), the house shall resolve itself into a committee of the whole house to consider the bill. In forming the committee, the speaker shall vacate the chair and shall appoint a chair to preside in committee.
(d) Notwithstanding any other rule, if the committee votes to report the bill favorably the committee must report the bill and deliver the committee report to the committee on calendars not later than the next legislative day.
(e) Notwithstanding any other rule, the committee on calendars shall place a bill reported under Subsection (d) on an emergency calendar set for the next legislative day.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 13 failed of adoption by (Record 18): 17 Yeas, 125 Nays, 2 Present, not voting.
Yeas — Anchia; Biedermann; Cain; Cason; Krause; Middleton; Patterson; Schaefer; Schofield; Slaton; Stephenson; Swanson; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allen; Allison; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Stucky; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Johnson, J.D.
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
STATEMENTS OF VOTE
When Record No. 18 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 18 was taken, I was shown voting present, not voting. I intended to vote no.
J.D. Johnson
Amendment No. 14
Representative Holland offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) by striking page 95, lines 11 through 21, and substituting the following:
Sec. 19. PROPER DECORUM. (a) No person shall be admitted to, or allowed to remain in, the house chamber while the house is in session unless properly attired. While the house is in session, [and] all gentlemen shall wear a coat and tie in the house chamber and no member may wear denim in the house chamber.
(b) 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.
(c) Reading newspapers shall not be permitted in the house chamber while the house is in session.
(d) Smoking is not permitted in the members' [member's] lounge or bathrooms. The Committee on House Administration shall designate an area for smoking that is easily accessible to the house chamber.
Amendment No. 14 was withdrawn.
Amendment No. 15
Representative Vasut offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 117, between lines 3 and 4, insert the following:
(2) EXPEDITED CALENDAR, on which shall appear bills and resolutions designated by a member of the house under Rule 14, Section 7.
(2) Renumber the subdivisions of Rule 6, Section 7(a), as appropriate.
(3) On page 197, following line 24, add the following:
Sec. 7. EXPEDITED LEGISLATION. (a) During a regular session, a member may designate for expedited treatment under this section one bill or joint resolution, other than the general appropriations act, of which the member is the author. The member shall make the designation by notifying the chief clerk, in the manner prescribed by the clerk, not earlier than the 31st day of the session or later than the 60th day of the session.
(b) On receipt of a designation under this section, the chief clerk shall provide notice of the designation in writing to the primary author and any joint author of the measure, the speaker, the chair of the committee to which the measure has been referred, the members of each calendar committee, the journal clerk, the parliamentarians, and the committee coordinator. The notice must state the date that the designation was made.
(c) Not later than the 30th day after the date the designation is made, the committee to which the measure was referred must report the measure from the committee.
(d) Not later than the 21st day after the date the measure is reported from committee, the Committee on Calendars must set the measure on the expedited calendar.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 15 failed of adoption by (Record 19): 11 Yeas, 130 Nays, 1 Present, not voting.
Yeas — Cain; Cason; Krause; Middleton; Patterson; Schaefer; Slaton; Tinderholt; Toth; Vasut; Wilson.
Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schofield; Shaheen; Sherman; Shine; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Talarico; Thierry; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; White; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Johnson, J.D.; Thompson, E.
STATEMENTS OF VOTE
When Record No. 19 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 19 was taken, I was shown voting no. I intended to vote yes.
Paul
When Record No. 19 was taken, I was in the house but away from my desk. I would have voted yes.
E. Thompson
Amendment No. 16
Representative Anchia offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 124, line 10, between "session" and the period, insert "or a redistricting bill is first eligible for consideration on second reading when convened in regular or special session".
(2) On page 125, between lines 15 and 16, insert the following appropriately lettered subsection:
(____) A calendar that contains a redistricting bill must be posted on the electronic legislative information system at least 120 hours if convened in regular or special session before the calendar may be considered by the house. A redistricting bill may not be placed on a calendar unless a map that accurately reflects the contents of the bill has been made available to the public.
AMENDMENT NO. 16 - REMARKS
ANCHIA: This is going to be similar to the prior amendment which I know you were desirous of voting for. They sent us down here to do two things: to pass a budget and to do redistricting. Those are the things that we are constitutionally required to do. In the state budget, we lay out that bill for 144 hours---it's about six days. And we do so because the state budget is really, really, really important to the constituents we represent, so we want to give them as much time and as much transparency as possible to take a look at that bill, to offer critiques and criticisms, and also it gives us time to ask for amendments. And we've been here all night. I've been here as early as 5 a.m. before on a budget night because we know that despite the good work of the Appropriations Committee, we deserve to express our sense individually as to what should be in or not in the budget. Likewise, with respect to redistricting, we should have that same time period or a similar time period so that our constituents and we as members can express our sense as to what a fair map might be.
And I will caution you, members, during the last decennial census when we did redistricting, it did not go well for the State of Texas. There were multiple findings of intentional discrimination against this legislature. I don't want to repeat that again. I don't want to go back to that time where we had to wait from 2011 to 2017 to get final maps for our constituents. The court in San Antonio which looked at our process––mind you, it was composed of two republican appointees and one democratic appointee––they highlighted the following problems with our redistricting process. They said, "[t]he exclusion of minority members and public input despite the minority population growth, the misleading information, the secrecy and closed process, and the rushed process" were problems and infirmities of redistricting last cycle. And in 2019, the same panel of judges in San Antonio––again composed of two republican appointees and one democratic appointee––said, "given the record produced in 2011, the state must implement a process that, by any reasonable definition, is 'fair and open.'" So I would offer to you, members, we can take our cues from what we do in the state budget––which is the other matter that we are constitutionally sent here to do––which has a 144-hour layout period. And what I am requesting that the body do in terms of this amendment is to simply have a 120-hour layout period––roughly five days––so that you and your constituents can speak to this very important and constitutionally required process, and we can avoid the infirmities of the last redistricting process. Members, I ask that you vote in favor of this amendment, and I move adoption.
HUNTER: Members, this is a redistricting amendment, so I would request a no vote.
ANCHIA: Members, one- or two-day's notice is nowhere enough time for either us or for members of the public to react to our redistricting bills. There are multiple layers of demographic, geographic, and political data that Texans need to consider and analyze when determining whether they will support or oppose particular district lines, whether communities of interest are kept together, whether protected groups or classes are treated fairly under fair maps. And a critical component of public commentary is the ability to propose alternative district lines. The only way you know to propose an alternative is if, in fact, you've had time to look at the underlying bill. I would let you know, members, that I don't want to be in court for virtually another decade on redistricting. I'd really love for us to do a better job than we did last time around. Most organizations have recommended during the public commentary that we received in the interim that we have two- or three-week's notice for communities and individuals to react to redistricting maps. I am simply asking for a process and a time frame that we all know as a result of the Appropriations process and simply requesting, in lieu of the 144 hours that we lay out the Appropriations bill, 120 hours for redistricting because I think it's that important to Texas. Thank you, members, and I move adoption.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 16 failed of adoption by (Record 20): 63 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Johnson, J.D.; Pacheco.
STATEMENT OF VOTE
When Record No. 20 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 17
Representative Tinderholt offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 128 as follows:
(1) On line 5, between "CALENDAR." and "Within", insert "(a)".
(2) Between lines 12 and 13, insert the following:
(b) Notwithstanding the time limit provided by Subsection (a) of this section, when voting to place bills or resolutions on the last daily house calendar or local, consent, and resolutions calendar on which the house may consider bills or resolutions on second reading under Rule 8, Section 13, the appropriate calendars committee must vote on all bills or resolutions that are in the committee, regardless of the number of days since the date the bill or resolution was referred to the committee, other than a bill or resolution for which the committee has previously voted against placement.
(c) A calendars committee may not vote against placement of a bill or resolution on a calendar except by a separate record vote for each bill or resolution and the minutes of the committee must identify each member voting against placement of a specific bill or resolution on a calendar.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 17 failed of adoption by (Record 21): 21 Yeas, 118 Nays, 1 Present, not voting.
Yeas — Allen; Biedermann; Cain; Cason; Krause; Middleton; Parker; Patterson; Paul; Ramos; Schaefer; Slaton; Slawson; Stephenson; Swanson; Thompson, E.; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Price; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Schofield; Shaheen; Sherman; Shine; Smith; Smithee; Stucky; Talarico; Thierry; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Thompson, S.
Absent — Gates; Jetton; Lambert; Sanford.
STATEMENT OF VOTE
When Record No. 21 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 18
Representative Anchia offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) on page 197, following line 24, by inserting the following appropriately numbered section:
Sec.____. REDISTRICTING REQUIREMENTS. The house shall apportion the state into senatorial and representative districts, as applicable, in the regular session during which or the first regular session after which redistricting data at the census block level is published by the United States Census Bureau.
AMENDMENT NO. 18 - REMARKS
ANCHIA: This is a––surprise, surprise––another redistricting amendment. I know you are probably weary of these, but it is one of the places that this legislature has failed during the last decade, and I really would love it if we did right by not only this body but the State of Texas in drawing legislative districts. The summary of this amendment is pretty straightforward. Redistricting of the state house and the state senate legislative districts needs to be done at the first regular session of the legislature which is convened in January, which we are in, following the publication of census redistricting population data that includes block-level data, right?
Regrettably, the census was, sort of, not competently handled––politicized, whatever criticisms you want to levy––but the dates have begun to slip on census data. Initially, the Trump administration Census Bureau said they would have statewide census data available to us on December 31––that slipped. They said that we would have census data in early January––that slipped. Now, they have targeted March 6 to give us statewide census data. It's the only way we can do redistricting. In fact, the Texas Constitution in Sections 28 and 26 requires it. So what I am simply saying here is that our redistricting session has to be the session after which we receive that same block-level data that we need to do redistricting. So it's that simple and straightforward. It essentially mirrors the language of Sections 26 and 28 of the state Constitution and specifies that we need block-level data from the federal government in order to have a redistricting session. Again, fairly straightforward, members.
HUNTER: This is redistricting amendment, and I urge a no vote.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Smithee on motion of Geren.
HR 4 - (consideration continued)
ANCHIA: I appreciate, again, the work of the working group on the rules. If we are to engage in fealty to the Texas Constitution on redistricting, then our redistricting session must be that session when we receive block-level data from the U.S. Census. We should not be doing redistricting via sextant or ouija board or some other method. We should rely on bona fide U.S. Census data down to the block level so that, importantly, not only are we complying with the Texas Constitution, we are complying with the U.S. Constitution and the principle of equal protection of one person, one vote. To do otherwise would put whatever plan we came up with in grave, grave doubt and legal jeopardy. So please support this amendment.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Anchia, C. Turner, and Wu.
Amendment No. 18 failed of adoption by (Record 22): 65 Yeas, 77 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Beckley; Bernal; Bowers; Bucy; Campos; Canales; Cole; Coleman; Collier; Cortez; Crockett; Davis; Deshotel; Dominguez; Dutton; Fierro; Gervin-Hawkins; González, J.; González, M.; Goodwin; Guerra; Guillen; Hernandez; Herrero; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Longoria; Lopez; Lucio; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Muñoz; Neave; Ordaz Perez; Ortega; Pacheco; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rose; Rosenthal; Sherman; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Dean; Ellzey; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
STATEMENT OF VOTE
When Record No. 22 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 19
Representative Slaton offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) in Rule 14 (page 197, following line 24), by adding the following appropriately numbered section:
Sec.____. VOTE ON MEASURE TO ABOLISH ABORTION. It shall not be in order for the house, during any legislative session, to consider any bill or joint resolution that designates by name a part of a highway system, including a bridge or street, if the house has not previously voted on a house bill or joint resolution after the start of the 87th Legislature that would abolish abortion in the State of Texas by ensuring the right to life and equal protection of the laws to all preborn children located in the State of Texas from the moment of fertilization.
Amendment No. 20
Representative Tinderholt offered the following amendment to Amendment No. 19:
Amend Amendment No. 19 by Slaton to HR 4 as follows:
(1) Strike the heading to the proposed new section and substitute "VOTE ON CERTAIN MEASURES.".
(3) On the fifth line of the proposed new section, strike "a house bill or joint resolution" and substitute "house bills or joint resolutions".
(2) On the sixth line of the proposed new section, between "that" and "would", insert the following:
:
(1)
(3) On the last line of the proposed new section, between "fertilization" and the underlined period, insert the following:
;
(2) propose to ban the use of taxpayer-funded lobbying in Texas;
(3) reform emergency powers to prohibit the creation or suspension of law, prohibit mandates, or prohibit business restrictions by convening the legislative body to ratify, terminate, or alter any emergency declaration within 30 days;
(4) prohibit local ordinances, state laws, or executive orders that violate the rights of individuals, organizations, and businesses to exercise their sincerely held religious beliefs;
(5) require citizenship verification of each voter and provide felony penalties for election code violations that threaten election integrity;
(6) propose to legalize the carrying of a handgun by a person who is not otherwise prohibited from possessing the handgun and to repeal criminal offenses otherwise related to carrying a handgun without a license;
(7) propose all monuments or markers in our state be protected by law from being removed, defaced, destroyed, or otherwise dishonored, including specific protection for the Alamo Cenotaph including that it shall not be removed from its current location off the Alamo Battlefield footprint; and
(8) propose to abolish the following practices:
(A) any intervention that prevents the natural progression of puberty of a minor;
(B) the administration of opposite sex hormones to a minor; and
(C) the performance of any type of gender reassignment surgery on a minor
Amendment No. 20 - Point of Order
Representative Landgraf raised a point of order against further consideration of Amendment No. 20 on the grounds that it is not germane. The point of order was sustained and the speaker submitted the following ruling:
RULING BY THE SPEAKER
on Amendment No. 20 to House Resolution 4
Announced in the House on January 14, 2021
Representative Landgraf raises a point of order against further consideration of the Tinderholt Amendment to the Slaton Amendment on the grounds that it is not germane.
The Slaton Amendment contains a single condition. The Tinderholt Amendment would add several additional and unrelated conditions to the single condition. The germaneness rule applies before the adoption of rules. 34 H. Jour. 17 (1915). The Tinderholt Amendment is not germane because it would add one or more distinct propositions to an amendment containing one distinct proposition. 45 H. Jour. 617 (1937).
The point of order is well-taken and sustained.
The ruling precluded further consideration of Amendment No. 20.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 19 failed of adoption by (Record 23): 41 Yeas, 99 Nays, 1 Present, not voting.
Yeas — Ashby; Bailes; Bell, K.; Biedermann; Burns; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Frank; Gates; Harless; Holland; Krause; Lambert; Landgraf; Leach; Middleton; Murr; Noble; Parker; Patterson; Paul; Price; Sanford; Schaefer; Shaheen; Slaton; Slawson; Smith; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Anderson; Beckley; Bernal; Bonnen; Bowers; Buckley; Bucy; Burrows; Button; Campos; Canales; Clardy; Cole; Coleman; Collier; Cortez; Crockett; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Stephenson; Talarico; Thierry; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
Absent — Guillen; Schofield.
STATEMENTS OF VOTE
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Anderson
When Record No. 23 was taken, I was shown voting yes. I intended to vote no.
Burns
When Record No. 23 was taken, I was excused because of illness. I would have voted yes.
Darby
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Frullo
When Record No. 23 was taken, my vote failed to register. I would have voted yes.
Guillen
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Huberty
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Kacal
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Kuempel
When Record No. 23 was taken, I was shown voting yes. I intended to vote no.
Landgraf
When Record No. 23 was taken, I was shown voting yes. I intended to vote no.
Murr
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Paddie
When Record No. 23 was taken, I was shown voting no. I intended to vote yes.
Rogers
Amendment No. 21
Representative Vasut offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 206, line 8, strike "at all times".
(2) On page 206, line 10, insert "while less than six feet away from another person if such a requirement is then in effect for businesses in a majority of the counties of the State of Texas" after "Prevention".
(3) On page 206, line 10, strike "may" and substitute "shall".
(4) On page 206, line 11, strike "temporarily".
(5) On page 206, line 11, strike "only".
(6) On page 206, line 13, strike "may" and substitute "shall".
(7) On page 206, line 14, strike "temporarily".
(8) On page 206, line 14, strike "only".
(9) On page 214, line 7, strike "at all times".
(10) On page 214, line 9, insert "while less than six feet away from another person if such a requirement is then in effect for businesses in a majority of the counties of the State of Texas" after "Prevention".
(11) On page 214, line 10, strike "may temporarily" and substitute "shall".
(12) On page 214, line 11, strike "only".
(13) On page 214, line 13, strike "may temporarily" and substitute "shall".
(14) On page 214, line 14, strike "only".
(15) On page 214, line 16, strike "may temporarily" and substitute "shall".
(16) On page 214, line 17, strike "only".
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 21 failed of adoption by (Record 24): 23 Yeas, 119 Nays, 1 Present, not voting.
Yeas — Biedermann; Cain; Cason; Cook; Gates; Hull; Krause; Middleton; Patterson; Paul; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Stephenson; Swanson; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Sherman; Shine; Stucky; Talarico; Thierry; Thompson, E.; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
STATEMENT OF VOTE
When Record No. 24 was taken, I was excused because of illness. I would have voted no.
Darby
Amendment No. 22
Representative Biedermann offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 206, line 5, strike "Each" and substitute "(a) Except as provided by this section, each".
(2) On page 206, between lines 23 and 24, insert the following:
(b) A person is not required to wear a face mask:
(1) if the person is younger than 10 years of age;
(2) if the person has a medical condition or disability that prevents wearing a face mask;
(3) while the person is consuming food or drink, if consuming the food or drink is otherwise allowed;
(4) while the person is receiving a service that requires temporary removal of the face mask for security surveillance, screening, or a need for specific access to the face, but only to the extent necessary to receive the service;
(5) while the person is actively providing or obtaining access to religious worship;
(6) while the person is giving a speech for a broadcast or to an audience; or
(7) if the committee or subcommittee meeting is held in a county that is exempt from a statewide face mask or face covering requirement.
(3) On page 214, line 4, strike "Each" and substitute "(a) Except as provided by this section, each".
(4) On page 214, between lines 18 and 19, insert the following:
(b) A person is not required to wear a face mask:
(1) if the person is younger than 10 years of age;
(2) if the person has a medical condition or disability that prevents wearing a face mask;
(3) while the person is consuming food or drink, if consuming the food or drink is otherwise allowed;
(4) while the person is receiving a service that requires temporary removal of the face mask for security surveillance, screening, or a need for specific access to the face, but only to the extent necessary to receive the service;
(5) while the person is actively providing or obtaining access to religious worship; or
(6) while the person is giving a speech for a broadcast or to an audience.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 22 failed of adoption by (Record 25): 23 Yeas, 119 Nays, 1 Present, not voting.
Yeas — Biedermann; Cain; Cason; Gates; Hull; Krause; Middleton; Noble; Patterson; Paul; Schaefer; Schofield; Shaheen; Slaton; Slawson; Stephenson; Swanson; Thompson, E.; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Campos; Canales; Capriglione; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Sherman; Shine; Smith; Stucky; Talarico; Thierry; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
STATEMENTS OF VOTE
When Record No. 25 was taken, I was excused because of illness. I would have voted no.
Darby
When Record No. 25 was taken, I was shown voting no. I intended to vote yes.
Sanford
Amendment No. 23
Representative Cason offered the following amendment to HR 4:
Amend HR 4 (adopting the permanent rules of the house) as follows:
(1) On page 208, line 12, strike "under Section 12A of this rule".
(2) Strike page 208, line 21, through page 209, line 2.
(3) Renumber the sections of Rule 16 and references to those sections as appropriate.
AMENDMENT NO. 23 - REMARKS
REPRESENTATIVE CASON: Members, in accordance with the Open Meetings Act, it's been the practice that all house committee meetings are made open for physical attendance by the public. Proposed House Rule 4, Section 12(a), allows a committee to bar the public from physical attendance to a committee, regulating their attendance to strictly online methods. While I understand the intentions behind this rule as it relates to the pandemic, I believe this goes too far. Not every Texan has access to the Internet, nor is every Texan experienced enough with the Internet to know how to access a meeting. In addition, not every Texan has the necessary equipment that would allow them to testify during a meeting. This rule change will inhibit their ability to attend meetings which they have a right to attend. We allow the public to visit the Capitol. We allow the public to sit in the gallery. We should likewise allow the public to attend committee meetings. My amendment strikes this rule, allowing the public to continue their right to physically attend the committee meetings of their government.
REPRESENTATIVE MIDDLETON: I think you've identified something in the new rules under 12(a) that I had concerns with as well. I know Representative Hunter said our intent is obviously to allow anyone that wants to make their voice heard in person the ability to exercise that right because this is the people's Capitol. Everybody should have a right to petition their government in person, and anytime a committee is hearing and taking testimony, we have to make sure that we offer the option of in-person testimony. It's my understanding that this is sort of a belt and suspenders amendment, right, that will just memorialize that permanently. Because I am concerned about the public access to committee meetings and saying that that requirement of public access is met by video, livestreaming, or broadcasting, so I think your concern is the same as mine, correct?
CASON: Yes.
HUNTER: Again, under the new rules, the public may attend in person. They will have to follow the mask requirements and the health protocols. Two, they may attend through the portal. They also may be attending, by invitation, virtually. The problem is we have to give flexibility to the committees and the pandemic health guidelines because there will be technical times that we may have to livestream and use some technical-type equipment. The idea is we've got four new methods, we're doing a pretty good job, and it doesn't prevent House Administration or our offices to work on even a better way. Again, let's not go restricted. We've got the temporary rules that we can build on later. I respectfully vote no.
CASON: Again, for the sake of transparency and accountability, I urge you to allow the public to continue their right to physically attend the committee meetings of their government. For this reason, members, I move for adoption.
Pursuant to Article III, Section 12(c), of the Texas Constitution, a record vote was requested by Representatives Biedermann, Cason, and Slaton.
Amendment No. 23 failed of adoption by (Record 26): 40 Yeas, 102 Nays, 1 Present, not voting.
Yeas — Anderson; Ashby; Bailes; Bell, K.; Biedermann; Buckley; Burns; Cain; Cason; Clardy; Cook; Cyrier; Gates; Harless; Holland; Hull; Jetton; Krause; Leach; Middleton; Murr; Patterson; Paul; Price; Sanford; Schaefer; Schofield; Shaheen; Slaton; Slawson; Smith; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Beckley; Bernal; Bonnen; Bowers; Bucy; Burrows; Button; Campos; Canales; Capriglione; Cole; Coleman; Collier; Cortez; Craddick; Crockett; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harris; Hefner; Hernandez; Herrero; Hinojosa; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Kuempel; Lambert; Landgraf; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Perez; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sherman; Shine; Talarico; Thierry; Turner, C.; Turner, J.; VanDeaver; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
STATEMENT OF VOTE
When Record No. 26 was taken, I was excused because of illness. I would have voted no.
Darby
REMARKS ORDERED PRINTED
Representative Middleton moved to print all remarks on Amendment No. 23 on HR 4.
The motion prevailed.
HR 4, as amended, was adopted by (Record 27): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Beckley; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Canales; Capriglione; Cason; Clardy; Cole; Coleman; Collier; Cook; Cortez; Craddick; Crockett; Cyrier; Davis; Dean; Deshotel; Dominguez; Dutton; Ellzey; Fierro; Frank; Frullo; Gates; Geren; Gervin-Hawkins; Goldman; González, J.; González, M.; Goodwin; Guerra; Guillen; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Israel; Jetton; Johnson, A.; Johnson, J.D.; Johnson, J.E.; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Longoria; Lopez; Lozano; Lucio; Martinez; Martinez Fischer; Metcalf; Meyer; Meza; Middleton; Minjarez; Moody; Morales, C.; Morales, E.; Morales Shaw; Morrison; Muñoz; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Pacheco; Paddie; Parker; Patterson; Paul; Perez; Price; Ramos; Raney; Raymond; Reynolds; Rodriguez; Rogers; Romero; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Sherman; Shine; Slaton; Slawson; Smith; Stephenson; Stucky; Swanson; Talarico; Thierry; Thompson, E.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Bell, C.; Darby; King, T.; Larson; Smithee; Thompson, S.
Absent — Campos.
STATEMENTS OF VOTE
When Record No. 27 was taken, I was shown voting yes. I intended to vote no.
Biedermann
When Record No. 27 was taken, my vote failed to register. I would have voted yes.
Campos
When Record No. 27 was taken, I was excused because of illness. I would have voted yes.
Darby
HR 4 - REASON FOR VOTE
Representative Cain submitted the following reason for vote to be printed in the journal:
Although I voted in favor of HR 4, it does contain a provision that I believe violates Article III, Section 16, of the Texas Constitution which provides that "The sessions of each House shall be open, except the Senate when in Executive session."
As the attorney general recently observed in KP-0347, the term "open" in this section of the Constitution means not "secretly behind closed doors." See Tex. Att'y Gen. Op. KP-0347 at 1-2 (Jan. 11, 2021) (citing Acker v. Tex. Water Comm'n, 790 S.W.2d 299, 300 (Tex. 1990) ("The executive and legislative decisions of our governmental officials as well as the underlying reasoning must be discussed openly before the public rather than secretly behind closed doors.")).
The following provision of HR 4 violates Article III, Section 16, of the Texas Constitution when it says: "Rule 5, Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A member must be on the floor of the house, in the house gallery, or in an adjacent room or hallway on the same level as the house floor or gallery, in order to vote."
The adjacent rooms and hallways of the house chamber are not a place where the public may observe the proceedings of the Texas House. Rather the adjacent rooms and hallways are places behind closed doors.
ADDRESS BY REPRESENTATIVE HUNTER
The chair recognized Representative Hunter who addressed the house, speaking as follows:
There has been a lot of conversation in recent days about testing Capitol visitors before they are permitted to enter the building and participate in their state government. Medical experts would tell you, including the ones that have been advising our state response to COVID-19, that no single health protocol taken alone will be able to protect our Capitol and stop the spread of the virus. Testing alone does not protect all. It's a screenshot in time. But things like enforcing masks in public spaces, practicing social distancing, installing air purification systems in our offices––all of these things work and help, at your discretion, collectively to stop the spread of the virus and protect all of us, including our guests and our staff and our families.
These rules contemplate all these precautions and leave the discretion on whether or not to get tested where it belongs: with members and with the people. Separate from the house rules, efforts have been underway to ramp up testing resources in some places of the Capitol, in addition to providing tests to each member's office so that they may decide what works best to keep their staff and guests safe. All guests of the Capitol have the option to get tested at no expense of their own should they choose to do so. And members will have the right to require that of anyone that comes into their personal office, but it will not be required of anyone just so they can participate in their state government. These rules don't contemplate testing because until testing is available in our courthouses and for teachers and administrators in our schoolhouses, we cannot mandate it in the Texas House. That is the people's house. And for us, as all lawmakers, to prioritize our own health and safety above others would be wrong. We care about the employees and workers in this building just as we care about workers all over Texas, and we cannot and will not prioritize ourselves over our working Texans. Thank you, members. Thank you for being the people's house.
REMARKS ORDERED PRINTED
Representative Landgraf moved to print remarks by Representative Hunter.
The motion prevailed.
ADJOURNMENT
Representative Tinderholt moved that the house adjourn until 1 p.m. Tuesday, January 26 in memory of Amber Hagerman of Arlington.
The motion prevailed.
The house accordingly, at 2:05 p.m., adjourned until 1 p.m. Tuesday, January 26.
ADDENDUM
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
Senate List No. 1
SCR 2