Bill Text: TX SR2 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Adopting Temporary Rules of the Senate of the 87th Legislature.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-01-13 - Reported enrolled [SR2 Detail]

Download: Texas-2021-SR2-Enrolled.html

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By: Hughes S.R. No. 2

SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, That
the Rules of the Senate of the 86th Legislature, as amended, are
adopted as the Temporary Rules of the Senate of the 87th
Legislature with the following modifications:
SECTION 1. (a) Amend Rule 7.12(a) to read as follows:
(a) Every favorable committee report on a general or
local bill made by a Senate committee shall be printed, unless
the Senate on the same day it is reported or on the next
legislative day shall order it not printed. Each committee
report on a recodification [local] bill shall be printed, unless
the committee making the report recommends that it not be
printed, in which case the committee's recommendations shall be
effective as an order of the Senate that the report be not
printed. A list of all bills on committee report ordered not
printed by the Senate or ordered not printed by committee
recommendation shall be listed by number, author, and caption and
distributed to each member at the close of each day's business.
Copies of all committee reports printed shall be made available
[furnished] to each member of the Senate on the same day the
printed copies are delivered by the printer. No bill except
[local bills and] bills ordered not printed by the Senate shall
be considered by the Senate until a printed committee report has
been available to each member of the Senate for at least 24 hours
[and is on the desk of each Senator].
(b) Amend Rule 11.06 to read as follows:
RECOMMENDATIONS OF COMMITTEES
Rule 11.06. All reports of standing committees shall be
advisory only, except that a recommendation in a report that a
recodification bill [which is a local bill] be not printed shall
be effective as an order of the Senate that the bill be not
printed. A recommendation in a report that a general or local
bill [which is a general bill] be not printed shall be advisory
only, and the bill shall nevertheless be printed unless the
Senate on the same day or the next legislative day orders the bill
not printed, as provided in Rule 7.12.
SECTION 2. (a) Amend Rule 2.02(b) to read as follows:
(b) While the Senate is in session, the following persons
shall be admitted to the floor of the Senate but are required to
remain behind the brass rail:
(1) employees of the Senate and the House of
Representatives when on official business;
(2) the Governor's executive staff;
(3) the President and Vice-President of the United
States;
(4) United States Senators and members of Congress;
(5) Governors of other states;
(6) Justices of the Supreme Court and Judges of the
Court of Criminal Appeals; and
(7) the Secretary of State[; and
[(8) duly accredited newspaper reporters and
correspondents, radio commentators, and television camera
operators and commentators who have complied with Rule 2.04].
(b) Amend Rule 2.03(a) to read as follows:
(a) No person [newspaper reporter, or other person
whosoever], whether a State officer or not, who is lobbying or
working for or against any pending or prospective legislative
measure, shall in any event be permitted upon the floor of the
Senate when the Senate is in session.
(c) Amend Rule 2.04 to read as follows:
PRESS CORRESPONDENTS
Rule 2.04. While the Senate is in session, no person shall
be admitted to the designated press area [floor of the Senate] or
allowed its privileges as a press correspondent or radio
commentator or television camera operator and commentator,
unless said person is a regularly employed, salaried staff
correspondent or reporter in the employ of a newspaper publishing
general news, a press association serving newspapers, or a
publication requiring telegraphic coverage or the person is a
regularly employed, salaried employee of a duly licensed radio or
television station.
Every newspaper reporter and correspondent and radio
commentator and television camera operator and commentator,
before being admitted to the Senate during its session, shall
file with the Committee on Administration a written statement
showing the paper or papers represented and certifying that no
part of the person's salary or compensation is paid by any
person, firm, corporation, or association except the paper or
papers or radio station or television station represented.
SECTION 3. Amend Rule 11.02 to read as follows:
LIST OF STANDING COMMITTEES AND SUBCOMMITTEES
Rule 11.02. At the beginning of each regular session, the
President shall appoint the following standing committees with
the number of members indicated:
STANDING COMMITTEES
(1) Committee on Administration (7 members)
(2) [Committee on Agriculture (5 members)
[(3)] Committee on Business and Commerce (9
members)
(3) [(4)] Committee on Criminal Justice (7 members)
(4) [(5)] Committee on Education (11 members)
(5) [(6)] Committee on Finance (15 members)
(6) [(7)] Committee on Health and Human Services (9
members)
(7) [(8)] Committee on Higher Education (9 members)
(8) Committee on Jurisprudence (5 members)
(9) Committee on Local Government (9 members)
[Intergovernmental Relations (7 members)]
(10) Committee on Natural Resources and Economic
Development (9 members) [(11 members)]
(11) Committee on Nominations (9 members) [(7
members)]
(12) [Committee on Property Tax (5 members)
[(13)] Committee on State Affairs (9 members)
(13) [(14)] Committee on Transportation (9 members)
(14) [(15)] Committee on Veteran Affairs and Border
Security (7 members)
(15) [(16)] Committee on Water, Agriculture, and
Rural Affairs (9 members) [(7 members)].
SECTION 4. (a) Amend Rule 4.07 to read as follows:
REFUSAL OF MEMBER CALLED TO ORDER TO BE SEATED
Rule 4.07. Whenever a member is called to order by the
President of the Senate or by the presiding officer then in the
chair in accordance with Rule 4.06 and such member fails to sit
down and be in order but continues disorderly, it shall be the
duty of the Sergeant-at-Arms and/or the Sergeant's assistants
upon the direction of the presiding officer to require such
recalcitrant member to take his or her seat and be in order. Any
member who persists in disorderly conduct after being warned by
the presiding officer may, by motion duly made and carried by
five-ninths [three-fifths] vote of the members present, be
required to purge himself or herself of such misconduct. Until
such member has purged himself or herself of such misconduct, the
member shall not be entitled to the privileges of the floor.
(b) Amend Rules 5.11(a) and (b) to read as follows:
(a) Any bill, resolution, or other measure may on any day
be made a special order for a future time of the session by an
affirmative vote of five-ninths [three-fifths] of the members
present.
(b) A special order shall be considered at the time for
which it is set and considered from day to day until disposed of,
unless at the time so fixed there is pending business under a
special order, but such pending business may be suspended by a
five-ninths [three-fifths] vote of all the members present. If a
special order is not reached or considered at the time fixed, it
shall not lose its place as a special order. All special orders
shall be subject to any Joint Rules and Rule 5.10.
(c) Amend Rule 5.13 to read as follows:
SUSPENSION OF THE REGULAR ORDER OF BUSINESS
Rule 5.13. No bill, joint resolution, or resolution
affecting state policy may be considered out of its regular
calendar order unless the regular order is suspended by a vote of
five-ninths [three-fifths] of the members present.
(d) Amend Rule 6.08 to read as follows:
MOTIONS TO REFER OR COMMIT
Rule 6.08. Any bill, petition, or resolution may be
referred from one committee or subcommittee to another committee
or subcommittee if the motion is approved by the chairs of both
committees involved and by a five-ninths [three-fifths] vote of
the members present and voting. Any bill, petition, or
resolution may be committed to any committee or subcommittee at
any stage of the proceedings on such bill, petition, or
resolution by a majority vote of the elected members of the
Senate. A bill or joint resolution committed to a committee or
subcommittee while on third reading shall be considered as on its
second reading if reported favorably back to the Senate.
When several motions shall be made for reference of a
subject to a committee, they shall have preference in the
following order:
First: To a Committee of the Whole Senate
Second: To a standing committee
Third: To a standing subcommittee
Fourth: To a special committee.
(e) Amend Rule 8.02 to read as follows:
REFERRAL TO COMMITTEE
Rule 8.02. Petitions, concurrent and joint resolutions,
and resolutions setting or defining legislative or state policy
or amending the Senate Rules shall be referred to an appropriate
standing committee when introduced and shall not be considered
immediately unless the Senate so directs by a five-ninths
[three-fifths] vote of the members present. The motion to
consider such petition or resolution immediately is not
debatable.
(f) Amend Rule 11.17(c) to read as follows:
(c) The sponsor of a bill or resolution for which a
minority report is filed or a member signing the minority report
must move to have the bill or resolution placed on the calendar
within 10 calendar days after the date on which the committee's
vote was taken. An affirmative vote of five-ninths
[three-fifths] of the members present is required for the motion
to carry. If the motion fails or is not made within the time
allowed, the bill or resolution is dead and may not be considered
again during the session.
(g) Amend Rule 12.10 to read as follows:
SECTION-BY-SECTION ANALYSIS
Rule 12.10. Each conference committee report, regardless
of its subject matter, must have attached thereto a
section-by-section analysis showing the disagreements which have
been resolved by the conference committee. This analysis must
show for each and every disagreement in parallel columns: (1)
the substance of the House version; (2) the substance of the
Senate version; and (3) the substance of the recommendation by
the conference committee. No action shall be taken on any
conference committee report in the absence of such analysis,
except by an affirmative vote of five-ninths [three-fifths] of
the members present, with the yeas and nays thereon to be
recorded in the journal.
(h) Amend Rule 16.01 to read as follows:
DEFINITIONS
Rule 16.01. The terms "unanimous consent," "four-fifths
of the members of the Senate," "four-fifths of the members
present," "two-thirds of the members of the Senate," "two-thirds
of the members present," "five-ninths ["three-fifths] of the
members present," "a majority of the members of the Senate," and
"a majority of the members present" are defined as follows:
(1) "Unanimous consent" means the consent of all of
the members of the Senate who are present and voting on the issue
at the time the vote is recorded.
(2) "Four-fifths of the members of the Senate" means
four-fifths of the 31 elected members of the Senate.
(3) "Four-fifths of the members present" means
four-fifths of the members of the Senate who are present and
voting on the issue at the time the vote is recorded.
(4) "Two-thirds of the members of the Senate" means
two-thirds of the 31 elected members of the Senate.
(5) "Two-thirds of the members present" means
two-thirds of the members of the Senate who are present and
voting on the issue at the time the vote is recorded.
(6) "Five-ninths ["Three-fifths] of the members
present" means five-ninths [three-fifths] of the members of the
Senate who are present and voting on the issue at the time the
vote is recorded.
(7) "A majority of the members of the Senate" means
a majority of the 31 elected members of the Senate.
(8) "A majority of the members present" means a
majority of the members of the Senate who are present and voting
on the issue at the time the vote is recorded.
(i) Amend Rule 16.07 to read as follows:
MATTERS REQUIRING VOTE OF
FIVE-NINTHS [THREE-FIFTHS] OF MEMBERS PRESENT
Rule 16.07. A vote of five-ninths [three-fifths] of the
members present shall be required to:
(1) suspend the floor privileges of a member of the
Senate; Rule 4.07
(2) excuse absentees; Rule 5.03
(3) set a matter for special order; Rule 5.11
(4) suspend the regular order of business; Rule 5.13
(5) rerefer a bill to another committee; Rule 6.08
(6) consider immediately petitions, concurrent and
joint resolutions, or resolutions setting or defining
legislative or state policy; Rule 8.02
(7) place a minority report on the calendar; Rule
11.17
(8) suspend the section-by-section analysis on
conference committee reports; Rule 12.10
(9) suspend or rescind any rule of the Senate unless
the rules specify a different majority. Rule 22.01.
(j) Amend Rule 22.01 to read as follows:
SENATE RULES
Rule 22.01. It shall require a vote of five-ninths
[three-fifths] of the members present to suspend any rule of the
Senate, unless the rules specify a different majority. A
majority of the members of the Senate may amend the Rules of the
Senate by adoption of a Senate Resolution amending the rules,
which resolution has been referred to and reported from a
committee as otherwise required by these rules. Rules 16.07 and
16.08.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on January 13, 2021,
by the following vote: for the
resolving clause and Sections 1,
2, and 3: Yeas 31, Nays 0; for
Section 4: Yeas 18, Nays 13.
_______________________________
Secretary of the Senate