HR4 - Adopting the House Rules of Procedure for the 89th Legislature.

      H.R. No. 4       R E S O L U T I O N          BE IT RESOLVED by the House of Representatives of the State of   Texas, That the following are adopted as the permanent rules of the   House of Representatives of the 89th [ 88th ] 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 25                4.  ORGANIZATION, POWERS, AND DUTIES OF                   COMMITTEES 65                5.  FLOOR PROCEDURE 102                6.  ORDER OF BUSINESS AND CALENDARS 126                7.  MOTIONS 146                8.  BILLS 162                9.  JOINT RESOLUTIONS 178                10.  HOUSE RESOLUTIONS AND CONCURRENT                        RESOLUTIONS 180                11.  AMENDMENTS 183                12.  PRINTING 192                13.  INTERACTIONS WITH THE GOVERNOR                        AND SENATE 196                14.  GENERAL PROVISIONS 209                15.  APPROPRIATE WORKPLACE CONDUCT 211                16.  SPECIAL RULE213   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 committee, permanent standing subcommittee,     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 or subcommittee .          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. (a) If the house is in session, the [ 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 . If the   house is not in session, the speaker may name a member who shall   call the house to order and preside during the speaker's absence   [ 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.           (b)     The speaker may name a member to serve as permanent   speaker pro tempore by delivering a written order to the chief clerk   and a copy to the journal clerk.           (c)  In [ A permanent speaker pro tempore shall, in ] the   absence or inability of the speaker, the member designated in the   speaker's written order under Subsection (a) of this section or the   permanent speaker pro tempore, in the absence of such a written   order, shall 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. ]           (d)   The speaker pro tempore shall serve at the pleasure of   the speaker. In the event of a vacancy in the office of speaker,   neither the member designated in the speaker's written order under   Subsection (a) of this section nor the speaker pro tempore [ does   not ] assume the office of speaker. The authority of the member   designated in the speaker's written order under Subsection (a) of   this section and 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 [Text truncated for display. 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