Focus Report, Volume 83, Number 3, February 22, 2013 Page: 4
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Page 4 House Research Organization
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 House member who is not a committee member, or
a member of the Senate, 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. The committee
also may take these actions by adopting a motion. Another
way to delay action on legislation is to adopt a motion to
lay on the table subject to call, which must be approved by
majority vote of the committee (Rule 4, sec. 13(b)). The
committee may consider legislation left pending without
taking any formal action, but legislation that was laid on
the table may be considered only if the committee adopts a
motion to call it from the table.
While motions that delay action are allowed, motions
that would prevent a committee from reporting legislation,
such as to postpone consideration indefinitely, 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 on their own authority, or
the committee may adopt a motion to send legislation to
subcommittee. The chair may establish and refer legislation
to standing subcommittees or may appoint subcommittees
ad hoc as needed. Subcommittees need not be of anyparticular size but usually have a smaller number of
members- often three to five- than the whole committee
and an odd number of members to prevent tie votes.
The committee chair appoints the subcommittee
chair, who decides if and when the subcommittee will
consider legislation referred to it. The same rules apply
to subcommittee hearings and full committee hearings,
except that subcommittees may not issue subpoenas.
Any amendment or substitute previously adopted by
the full committee is voided when legislation is sent to
subcommittee.
After reviewing legislation, a subcommittee may,
but is not required to, submit a written report of its
recommendations to the chair of the full committee. The
full committee may not act on a subcommittee report until
24 hours after all members of the full committee have
received the report. At any point before the subcommittee
reports, the chair may recognize a motion to recall the
legislation from subcommittee (Rule 4, secs. 43-50).
Offering amendments or substitutes. A
committee may adopt proposed amendments to legislation.
Committee amendments are recommendations to the
House, which must vote separately on each committee
amendment during floor consideration. In the committee
report, committee amendments are attached at the end of
the original version of legislation on a separate page.
Rather than adopt individual amendments, a committee
may adopt a complete substitute to the original legislation.
Often when the committee has adopted amendments to
legislation, a substitute incorporating the amendments will
be prepared. If a substitute is adopted, the substitute, not
the original version, is reported to the House. If the House
considers the legislation, it does not vote separately on the
committee substitute as it does for committee amendments
but considers the substitute in place of the original bill.
House rules on germaneness and other restrictions
that apply to floor amendments also apply to amendments
and substitutes offered in committee. Amendments
and substitutes are in order any time after legislation is
laid out. For example, a substitute may be offered and
adopted before testimony is heard. Committee members
often submit amendments or substitutes in advance to
the chair, who lays them out and recognizes the author
for an explanation. Committee members also may seek
recognition and offer amendments during committeePage 4
House Research Organization
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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/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.