Focus Report, Volume 83, Number 3, February 22, 2013 Page: 3
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 3
Committees may act on legislation during public
hearings or formal meetings. Committees also may hold
work sessions, where they may discuss legislation but take
no formal action. Notice of public hearings must be posted
at least five calendar days in advance during a regular
session and 24 hours in advance during a special session.
Formal meetings and work sessions require two hours'
advance written notice, posted and transmitted to each
committee member, or an announcement filed with the
journal clerk and read by the reading clerk while the House
is in session (Rule 4, sec. 11).
Committees and subcommittees must receive
permission by majority vote of the House to meet while
the House is in session. Even if permitted to meet, no
committee may meet in the House chamber while the
House is in session (Rule 4, sec. 9).
Public hearings, formal meetings, and work sessions
must be open to the public unless the House by resolution
specifically allows a meeting to be closed. However,
the General Investigating and Ethics Committee or a
committee that is meeting to consider an impeachment
or other quasi-judicial matter may meet in executive
session for the limited purpose of examining a witness or
deliberating, considering, or debating a decision. All votes
must be taken in open meetings (Rule 4, sec. 12).
Unlike in the Senate, House rules do not require that
a public hearing be held before legislation is reported
from committee. However, during regular sessions, House
committees usually hold public hearings before acting
on House legislation. When Senate-passed legislation is
referred to a House committee and the House committee
already has held a hearing on the House companion to
the Senate legislation, the committee often does not hold
another hearing before acting on the Senate legislation.
House members have an unconditional right to testify
on the legislation that they author or sponsor and may open
and close the testimony on their legislation. No legislation
may be acted on adversely unless its author or sponsor first
has received an opportunity to testify (Rule 4, sec. 30).
Anyone may testify at a public hearing, subject to
certain restrictions, although sometimes hearings are
limited to invited testimony only. All testimony must be
recorded electronically (Rule 4, sec. 19). Those who wish
to be recognized to address the committee or to show that
they are present must execute a sworn statement, alsoknown as a witness affirmation form (WAF), including at
least their name, address, and telephone number; the entity,
if any, they represent; and if representing themselves,
their business, profession, or occupation. They also must
designate if they are testifying for, against, or neutrally
("on") concerning the measure before the committee (Rule
4, sec. 20(a)). In 2013, House Administration introduced
a paperless WAF process through which witnesses can
register at one of several touch-screen kiosk stations
located in the Capitol Extension or via certain mobile
devices.
The chair provides a record of whether a witness
actually was recognized to address the committee.
Everyone who submitted a sworn statement is listed in an
attachment to the committee minutes regardless of whether
the chair recognized the person to testify (Rule 4, secs. 18,
20). Legislators and certain "resource witnesses," usually
legislative branch or certain other state employees who
appear before the committee to provide background or
technical information, need not submit a sworn statement
and therefore are not listed as witnesses. Committee
members desiring to question witnesses must seek
recognition by the chair.
House employees may appear as witnesses only if
a majority of the committee votes to grant permission
(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 the request
of a legislator. When state employees appear at public
hearings as witnesses, they testify "on" legislation, not for
or against it.
Invited witnesses who are not physically present
at a hearing may testify through the Intemrnet or other
videoconferencing system. They must complete and
file electronically the required sworn statement. Both
the witness and the committee members must be clearly
visible and audible to each other (Rule 4, sec. 20(g)). The
House Rules of the 83rd Legislature direct the committee
coordinator to examine the feasibility and practicability of
establishing procedures to allow citizens to submit video
testimony (Rule 4, sec. 20A).
Committees may, by record vote of at least two-
thirds of the members present, issue subpoenas to
compel the attendance of witnesses or require production
of information. Anyone disobeying a lawfully issuedHouse Research Organization
Page 3
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Reference the current page of this Periodical.
Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 83, Number 3, February 22, 2013, periodical, February 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth578499/m1/3/?q=%22~1~1%22~1&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.