Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939 Page: 180 of 263
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-181
To
illustrate the point, therefore, it will only be necessary to quote
Rule No. 20. It reads as follows:
"On calendar Wednesday and Thursday only of each week, House
Bills on their third and second readings, respectively, shall be taken
up and considered in the Senate until disposed of; and in case a
House Bill should be pending at adjournment on Thursday, it shall
go over to the succeeding calendar Wednesday as unfinished business
provided, however, this Rule as to such pending business at
adjournment on calendar Thursday may be suspended by two-thirds
vote of the Sena te to permit the continued consideration of such
pending business."
(Underscoring mine.)
The comparable old joint Rule (No. 22) reads as follows:
"In the Senate, on Wednesday and Thursday of each week, only
House Bills on their third and second reading, respectively, shall
be taken up and considered until disposed of, and in case one should
be pending at adjournment, it shall go over to the succeeding day
(Friday) as unfinished business; and this rule cannot be suspended
without the consent of the Hoause."
Heretofore, the rule has been that any House Bill pending at adjournment
on Thursday should only "go over to the succeeding day (Friday)
as unfinished business." And this procedure could only be sutspended
with the consent of the Hou.se. NOW, under the new rule, a pending
Bill would have to go over for six days! And the rule could be suspended
only by two-thirds vote of the entire Senate-not by the Hou1se!
This rule encourages and puts a premium on filibustering. It is undisputed
that contested House Bills have already fared badly in the Senate.
It is commonly recognized that the Senate calendar of House Bills is
hopelessly clogged even though the Houses have operated under the old
rule that a bill pending at adjournment on Thursday is still pending
business on Friday. To adopt this changed rule will further jam the
calendar and make the situation even more hopeless.
The changed rule not only compels a Bill to go over six days but
requires a two-thirds vote of the entire Senate (not of the Members
present) to suspend the rule. This delivers the fate of a House Bill
in the Senate into the hands of a minority. In other words, where
heretofore, as a matter of right, a Bill pending at adjournment on
Thursday was still pending business Friday morning, it would now
require 21 affrmative votes to secure this simple right which has been
commonly recognized throughout the legislative history of Texas. Under
this new rule an overwhelming majority of 20 Members of the Senate
could be in favor of continuing consideration of a Bill. Eleven Senators
could be filibustering against it; and the will of the 11 would prevail
against the majority of 20!
Again, the changed rule fixes it so that even during a special session
where perhaps only one subject might be submitted, House Bills can
be considered on Wednesdays and Thursdays only; and on no other days
except by two-thirds vote of the entire Senate! The old rule, as shown
above, provides, "In the Senate on Wednesday and Thursday of each
week, only House Bills on their third and second readings respectively
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Allred, James V. Legislative Messages of Hon. James V. Allred, Governor of Texas 1935-1939, book, 1939; (https://texashistory.unt.edu/ark:/67531/metapth3899/m1/180/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .