Focus Report, Volume 83, Number 2, February 20, 2013 Page: 5
This periodical is part of the collection entitled: Texas State Publications and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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House Research Organization Page 5
contempt of Legislature, a misdemeanor offense punishable
by a fine of $100 to $1,000 and a jail term of 30 days to 12
months (Government Code, secs. 301.024-.027). The chair
may summon the governing board or other representatives
of a state agency to appear and testify without issuing a
subpoena (Rule 4, sec. 21(b)).
House employees may appear as witnesses when
the committee grants permission by a majority vote
(see the Housekeeping Resolution, HR 3 by Geren,
83rd Legislature, sec. 4.09). Government Code, sec.
556.006 prohibits state employees from influencing the
outcome of legislation, other than to provide information
at a legislator's request. When state agency employees
appear before committees as witnesses, they testify "on"
legislation, not for or against it.
No committee or subcommittee may meet while the
House is in session unless permitted by a majority vote
of the House. If permitted to meet while the House is in
session, a committee may not meet in the House chamber
(Rule 4, sec. 9).
Committee action. A committee may not take
formal action unless a majority of the members (quorum) is
present. Voting by proxy is not allowed (Rule 4, sec. 16).
Certain motions that would prevent action on a bill
are not permitted. A committee may not adopt a rule that
automatically would send all bills to subcommittee or
otherwise have the effect of thwarting the will of a majority
of a committee or subcommittee to act on a bill. A bill may
not be laid on the table subject to call in committee except
by majority vote. No committee motion is in order that
would prevent a committee from reporting a bill (Rule 4,
secs. 13, 25).
A committee may adopt amendments to
legislation. However, committee amendments are only
recommendations made to the House, which must
vote separately on each amendment if the legislation is
considered on the House floor (Rule 4, sec. 39). Committee
amendments are attached at the end of the original version
of a bill on a separate page. Amendments that alter the
original purpose of a bill are not permitted, although this
restriction does not apply to joint resolutions (Constitution,
Art. 3, sec. 30; Rule 11, sec. 3; Rule 9, sec. 1(b)).A committee may adopt a substitute bill that addresses
the same subject as the original bill. If a complete substitute
is adopted, the substitute, not the original bill, is reported to
the House (Rule 4, sec. 40). The committee's work on a bill
is considered final only if the committee reports favorably
or unfavorably on the bill or reports an inability to act (Rule
4, sec. 26).
A majority vote of the committee is required to
approve a motion to report a bill favorably or unfavorably.
A tie vote or inability to act is reported to the House,
which by a majority vote may leave the bill in committee
for further consideration, refer it to another committee, or
order it printed, in which case it is sent to the Calendars
Committee (Rule 4, sec. 27).
If a bill has been in committee for at least six calendar
days, any House member may move to instruct the
committee to "report," or act on, the bill. Approval of
such a motion requires a two-thirds vote during the first
76 days of the session and a majority vote thereafter. If
instructed to report by the House, a committee must report
within a week. If the committee fails to meet this deadline,
any member may move to re-refer the bill to another
committee, with the vote required to approve this motion
the same as for a motion to instruct a committee to report
(Rule 7, secs. 45, 46).
When a committee reports unfavorably on a bill (thus
"killing" it), committee members on the losing side may
notify the committee of their intention to file a minority
report. This notice generally must be given before the
committee adjourns or recesses. Minority reports must
be signed by at least four members of committees of 21
or more members, three members of 11- to 20-member
committees, or two members of committees with 10 or
fewer members. As with a majority report, a minority
report must be filed with the chief clerk within two days of
the committee vote. (During the final 15 days of a regular
session and the final seven days of a special session, the
filing deadline is reduced to one day.) The House then has
five legislative days to adopt a motion "to print the bill on
minority report." This requires a majority vote for bills
and a two-thirds vote for joint resolutions. If the House
adopts the motion, the bill is forwarded to the Calendars
Committee (Rule 4, secs. 28, 29).House Research Organization
Page 5
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Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 83, Number 2, February 20, 2013, periodical, February 20, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth578377/m1/5/?q=%22~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.