Focus Report, Volume 84, Number 3, March 2015 Page: 4
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Page 4 House Research Organization
Anyone may testify at a public hearing, subject to
certain restrictions, although sometimes hearings are
limited to invited testimony. 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, also
known 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)). Witnesses register at touch-screen kiosks
located in the Capitol Extension or via certain mobile
devices.
The chair provides a record of whether a witness
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, in limited circumstances, certain
other state employees who provide background or technical
information - need not submit a sworn statement or
be listed as witnesses. Committee members desiring to
question witnesses must seek recognition by the chair.
House employees may appear as witnesses if a
majority of the committee votes to grant permission
(Housekeeping Resolution, HR 3 by Geren, 84th
Legislature, sec. 4.09). Government Code, sec. 556.006
prohibits state agencies from attempting to influence the
outcome of legislation. A state employee may provide
public information or information in response to 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 via the Internet 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)).
A person serving as an interpreter for a witness
before a committee must complete a form prescribed by
the committee coordinator that includes the name of the.interpreter and the witness whom the interpreter is serving
(Rule 4, sec. 20).
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 issued
committee subpoena may be prosecuted for contempt of
Legislature, a misdemeanor offense punishable by a fine
ranging from $100 to $1,000 and a jail term of 30 days to
12 months (Government Code, secs. 301.024-.027; Rule 4,
sec. 21). Without issuing a subpoena, the committee chair
may summon the governing board or other representatives
of a state agency to appear and testify, and the committee
may compel the attendance of those summoned if they fail
to appear (Rule 4, sec. 21(b)).
At a committee meeting, the chair may recognize
a senator or a House member who is not a committee
member to provide information to the committee. Such
recognition is solely within the discretion of the chair and
not subject to appeal by that member (Rule 4, sec. 23A).
Committee action
A committee may take no formal action unless a
quorum is present. Voting by proxy is not allowed (Rule 4,
sec. 16).
Once legislation is laid before a committee, the
chair may delay consideration by postponing it, leaving
it pending, or referring it to subcommittee. A motion to
lay a bill on the table subject to call must be approved by
majority vote of the committee (Rule 4, sec. 13(b)).
While motions that delay action are allowed, motions
that would prevent a committee from reporting legislation,
such as to postpone consideration indefmitely, are out of
order (Rule 4, sec. 25). Also, a committee may not adopt
a rule that automatically would send all legislation to
subcommittee or otherwise thwart the will of a majority of
the committee or subcommittee (Rule 4, sec. 13(b)).
Subcommittees. Committee chairs may refer
legislation to subcommittee. The chair may establish and
refer legislation to standing subcommittees or may appoint
subcommittees as needed. Subcommittees need not be of
any particular size but usually have a smaller number of0
Page 4
House Research Organization
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Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 84, Number 3, March 2015, periodical, March 4, 2014; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth640038/m1/4/?q=%22~1~1%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.