ATTENDANCE. Two-thirds of each House shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and compel
the attendance of absent members, in such manner and under such
penalties as each House may provide.
Sec. 11. RULES OF PROCEDURE; EXPULSION OF MEMBER. Each House may
determine the rules of its own proceedings, punish members for disorderly
conduct, and, with the consent of two-thirds, expel a member, but not a
second time for the same offense.
Sec. 12. JOURNALS OF PROCEEDINGS; ENTERING YEAS AND NAYS. (a) Each
house of the legislature shall keep a journal of its proceedings, and publish
the same.
(b) A vote taken by either house must be by record vote with the vote of
each member entered in the journal of that house if the vote is on final
passage of a bill, a resolution proposing or ratifying a constitutional
amendment, or another resolution other than a resolution of a purely
ceremonial or honorary nature. Either house by rule may provide for
exceptions to this requirement for a bill that applies only to one district or
political subdivision of this state. For purposes of this subsection, a vote on
final passage includes a vote on third reading in a house, or on second
reading if the house suspends the requirement for three readings, on
whether to concur in the other house's amendments, and on whether to
adopt a conference committee report.
(c) The yeas and nays of the members of either house on any other
question shall, at the desire of any three members present, be entered on
the journals.
(d) Each house shall make each record vote required under Subsection (b)
of this section, including the vote of each individual member as recorded in
the journal of that house, available to the public for a reasonable period of
not less than two years through the Internet or a successor electronic
communications system accessible by the public. For a record vote on a bill
or on a resolution proposing or ratifying a constitutional amendment, the
record vote must be accessible to the public by reference to the designated
number of the bill or resolution and by reference to its subject.
(Subsecs. (a) and (c) amended, and (b) and (d) added Nov. 6, 2007.)
Sec. 13. VACANCIES; WRITS OF ELECTION. (a) When vacancies occur in
either House, the Governor, or the person exercising the power of the
Governor, shall issue writs of election to fill such vacancies; and should the
Governor fail to issue a writ of election to fill any such vacancy within twenty
days after it occurs, the returning officer of the district in which such vacancy
may have happened, shall be authorized to order an election for that
purpose.
(b) The legislature may provide by general law for the filling of a vacancy in
the legislature without an election if only one person qualifies and declares a
candidacy in an election to fill the vacancy.
(Amended Nov. 6, 2001.)
Sec. 14. PRIVILEGED FROM ARREST. Senators and Representatives shall,
except in cases of treason, felony, or breach of the peace, be privileged from
arrest during the session of the Legislature, and in going to and returning
from the same.
(Amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec.
14: See Appendix, Note 1.)
Sec. 15. DISRESPECTFUL OR DISORDERLY CONDUCT; OBSTRUCTION OF
PROCEEDINGS. Each House may punish, by imprisonment, during its
sessions, any person not a member, for disrespectful or disorderly conduct in
its presence, or for obstructing any of its proceedings; provided, such
imprisonment shall not, at any one time, exceed forty-eight hours.
Sec. 16. OPEN SESSIONS. The sessions of each House shall be open, except
the Senate when in Executive session.
Sec. 17. ADJOURNMENTS. Neither House shall, without the consent of the
other, adjourn for more than three days, nor to any other place than that
where the Legislature may be sitting.
Sec. 18. INELIGIBILITY FOR OTHER OFFICES; INTEREST IN CONTRACTS. No
Senator or Representative shall, during the term for which he was elected, be
eligible to (1) any civil office of profit under this State which shall have been
created, or the emoluments of which may have been increased, during such
term, or (2) any office or place, the appointment to which may be made, in
whole or in part, by either branch of the Legislature; provided, however, the
fact that the term of office of Senators and Representatives does not end
precisely on the last day of December but extends a few days into January of
the succeeding year shall be considered as de minimis, and the ineligibility
herein created shall terminate on the last day in December of the last full
calendar year of the term for which he was elected. No member of either
House shall vote for any other member for any office whatever, which may be
filled by a vote of the Legislature, except in such cases as are in this
Constitution provided, nor shall any member of the Legislature be
interested, either directly or indirectly, in any contract with the State, or any
county thereof, authorized by any law passed during the term for which he
was elected.
(Amended Nov. 5, 1968.)
Sec. 19. INELIGIBILITY OF PERSONS HOLDING OTHER OFFICES. No judge of
any court, Secretary of State, Attorney General, clerk of any court of record,
or any person holding a lucrative office under the United States, or this
State, or any foreign government shall during the term for which he is
elected or appointed, be eligible to the Legislature.
Sec. 20. COLLECTORS OF TAXES; PERSONS ENTRUSTED WITH PUBLIC
MONEY; INELIGIBILITY. No person who at any time may have been a
collector of taxes, or who may have been otherwise entrusted with public
money, shall be eligible to the Legislature, or to any office of profit or trust
under the State government, until he shall have obtained a discharge for the
amount of such collections, or for all public moneys with which he may have
been entrusted.
Sec. 21. WORDS SPOKEN IN DEBATE. No member shall be questioned in any
other place for words spoken in debate in either House.
Sec. 22. DISCLOSURE OF PRIVATE INTEREST IN MEASURE OR BILL; NOT TO
VOTE. A member who has a personal or private interest in any measure or
bill, proposed, or pending before the Legislature, shall disclose the fact to
the House, of which he is a member, and shall not vote thereon.
Sec. 23. REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED. If
any Senator or Representative remove his residence from the district or
county for which he was elected, his office shall thereby become vacant, and
the vacancy shall be filled as provided in section 13 of this article.
Sec. 23a. (Repealed Nov. 4, 1997.)
713-697-4373 TOLL FREE 1-(866)-454-7312 Principal Office 2016 Main St. #808 Houston, Texas 77002
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