Journal of the House of Representatives of the Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 1 Page: 89
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Sec. 39. DISCUSSION OF MERITS OF MOTION FORBIDDEN. Merits
of a main or subsidiary motion shall not be discussed or debated under the guise
of speaking to a question of privilege.
CHAPTER E. VOTING
Sec. 40. RECORDING ALL VOTES ON VOTING MACHINE. On all
votes, except viva voce votes, members shall record their votes on the voting
machine and shall not be recognized by the chair to cast their votes from the
floor. If a member attempts to vote from the floor, the speaker shall sustain a
point of order directed against the member's so doing. This rule shall not be
applicable to the mover or the principal opponent of the proposition being voted
on nor to a member whose voting machine is out of order.
Sec. 41. REGISTRATION EQUIVALENT TO ROLL CALL VOTE. A
registration or vote taken on the voting machine of the house shall in all instances
be considered the equivalent of a roll call or yea and nay vote, which might be
had for the same purpose.
Sec. 42. DISCLOSURE OF PERSONAL OR PRIVATE INTEREST. Any
member who has a personal or private interest in any measure or bill proposed or
pending before the house shall disclose the fact and not vote thereon.
Sec. 43. DIVIDING THE QUESTION. By a majority vote of the house, a
quorum being present, the question shall be divided, if it includes propositions so
distinct in substance that, one being taken away, a substantive proposition
remains. A motion for a division vote cannot be made after the previous question
has been ordered, after a motion to table has been offered, after the question has
been put, nor after the yeas and nays have been ordered. Under this subsection,
the speaker may divide the question into groups of propositions that are closely
related.
Sec. 44. FAILURE OR REFUSAL TO VOTE. Any member who is present
and fails or refuses to vote after being requested to do so by the speaker shall be
recorded as present but not voting, and shall be counted for the purpose of
making a quorum.
Sec. 45. PRESENCE IN HOUSE REQUIRED IN ORDER TO VOTE. A
member must be on the floor of the house or in an adjacent room or hallway on
the same level as the house floor, in order to vote.
Sec. 46. LOCKING VOTING MACHINES OF ABSENT
MEMBERS. During each calendar day in which the house is in session, it shall
be the duty of the voting clerk to lock the voting machine of each member who is
excused or who is otherwise known to be absent. Each such machine shall remain
locked until the member in person contacts the journal clerk and personally
requests the unlocking of the machine. Unless otherwise directed by the speaker,
the voting clerk shall not unlock any machine except at the personal request of
the member to whom the machine is assigned. Any violation, or any attempt by a
member or employee to circumvent the letter or spirit of this section, shall be
reported immediately to the speaker for such disciplinary action by the speaker,
or by the house, as may be warranted under the circumstances.Thursday, January 13, 2005 HOUSE JOURNAL
3rd Day 89
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Texas. Legislature. House of Representatives. Journal of the House of Representatives of the Regular Session of the Seventy-Ninth Legislature of the State of Texas, Volume 1, legislative document, 2005; (https://texashistory.unt.edu/ark:/67531/metapth97462/m1/93/?q=%222005-01-11%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.