HR 128

H.R. No. 128
  R E S O L U T I O N
         WHEREAS, the house desires to adopt penalties to reduce the
  frequency with which members absent themselves without leave for
  the purpose of impeding the action of the house while ensuring that
  members' constitutional rights are protected, all penalties herein
  are proportional to the proscribed conduct, and members'
  constitutional responsibilities as legislators are not unfairly
  impaired; now, therefore
         BE IT RESOLVED by the House of Representatives of the 89th
  Legislature, that Rule 5, Section 3, of the permanent rules of the
  House of Representatives of the 89th Legislature is amended to read
  as follows:
         Sec. 3.  LEAVE OF ABSENCE.  (a)  No member shall be absent
  from the sessions of the house without leave, and no member shall be
  excused on his or her own motion.
         (b)  A leave of absence may be granted by a majority vote of
  the house and may be revoked at any time by a similar vote.
         (c)  Any member granted a leave of absence due to a meeting of
  a committee or conference committee that has authority to meet
  while the house is in session shall be so designated on each roll
  call or registration for which that member is excused.
         (d)  If a member is absent without leave for the purpose of
  impeding the action of the house, the member is subject to one or
  more of the following:
               (1)  fines as provided by this section;
               (2)  payment of costs incurred by the sergeant-at-arms;
               (3)  reprimand;
               (4)  censure; [or]
               (5)  recalculation of seniority as provided by this
  section;
               (6)  loss of designation of appointment as a chair or
  vice-chair as provided by this section; or
               (7)  expulsion in the manner prescribed by Section 11,
  Article III, Texas Constitution.
         (e)  Unless the house excuses the payment by a majority vote,
  each member who is absent without leave is liable to the house  for:
               (1)  a fine in an [the] amount equal to three times the
  per diem set by the Texas Ethics Commission for each day of a
  regular or special legislative session under Section 24a(e),
  Article III, Texas Constitution [of $500] for each calendar day  of
  absence; and
               (2)  the member's pro rata share of the costs incurred
  by the sergeant-at-arms to secure the attendance of absentees.
         (e-1)  (1) Unless the house excuses the following penalty,
  each member who is absent without leave while the house is operating
  under a call ordered under this rule shall forfeit the pro rata
  portion of the member's monthly operating budget for each calendar
  day of absence. 
               (2)  If a penalty under this subsection is not excused,
  the Committee on House Administration shall direct the House
  Business Office to debit the member's operating budget by the
  amount calculated under this subsection.
         (e-2)  (1) Unless the house excuses the following penalty by
  a majority vote, each member who is absent without leave for at
  least two consecutive days while the house is operating under a call
  ordered under this rule loses the member's designation under Rule
  1, Section 15(a), and Rule 4, Section 2(a)(7), appointment under
  Rule 1, Section 15(d), and appointment under Rule 4, Section 44, as
  a chair or vice-chair.
               (2)  If a penalty under this subsection is not excused:
  (A) a member losing a designation or appointment is not eligible for
  a new designation or appointment until the convening of the next
  legislature; and,
                     (B)  the speaker or appointing authority, as
  applicable, may designate or appoint a new chair or vice-chair in
  the same manner as the original designation or appointment.
         (e-3)  (1) Unless the house excuses the following penalty by
  a majority vote, each member who is absent without leave for at
  least three consecutive days while the house is operating under a
  call ordered under this rule shall have the member's seniority
  under Rule 3, Section 14(a)(6), and Rule 4, Section 2(3),
  recalculated to reduce the member's seniority by two (2) years for
  each calendar day of absence.
               (2)  If a penalty under this subsection is not excused:
  (A) the chief clerk shall revise the roster prepared under Rule 2,
  Section 1(b)(5), to reflect all recalculated seniority; and
                     (B)  if a member's recalculated seniority falls
  below another member, the Committee on House Administration may
  allow members to re-select offices and parking spaces based on
  recalculated seniority.
         (f)  The Committee on House Administration shall notify a
  member of the total amount of fines and costs for which payment is
  not excused.  A member must pay the amount stated in the committee's
  notice by making payment of that amount to the House  Business
  Office not later than the third business day of the first  calendar
  month after the date of the committee's notice. A member  may not
  make any payment from funds in the member's operating  account or
  from funds accepted as political contributions under  Title 15,
  Election Code. If a member does not make full payment  as required
  by this subsection, the committee shall direct the  House Business
  Office to reduce the amount of the monthly credit  to the member's
  operating account established under the  housekeeping resolution by
  30 percent in each month that any amount  of a fine remains past due
  and owing. When a member has made full  payment as required by this
  subsection, the committee shall direct  the House Business Office
  to restore the impounded funds to the  member's operating account
  subject to any limitations on the  carrying forward of unexpended
  funds established by the  housekeeping resolution.
         (g)  Before a member is expelled under this section, the
  matter shall be referred to the Committee on House Administration
  for investigation and report.  A report issued under this
  subsection shall not be considered by the house until a printed copy
  of the report has been provided to each member of the house  at least
  24 hours before consideration.
         (h)  The penalties prescribed by this section are not
  exclusive and this section does not preclude the imposition of any
  other penalty allowed by the house rules or the Texas Constitution.
  Vasut
  Schofield
  Bonnen
  McQueeney
  Morgan
  Alders
  Bell of Montgomery
  Bell of Kaufman
  Buckley
  Bumgarner
  Cook
  Cunningham
  Darby
  DeAyala
  Dorazio
  Dyson
  Fairly
  Frank
  Gerdes
  Harless
  Harris Davila
  Hayes
  Hefner
  Hickland
  Holt
  Hopper
  Hull
  Hunter
  Isaac
  Landgraf
  Leo Wilson
  Little
  Lopez of Cameron
  Louderback
  Lowe
  McLaughlin
  Metcalf
  Meyer
  Noble
  Olcott
  Oliverson
  Orr
  Patterson
  Paul
  Pierson
  Richardson
  Schatzline
  Schoolcraft
  Shaheen
  Shofner
  Slawson
  Smithee
  Spiller
  Swanson
  Tepper
  Tinderholt
  Toth
  Troxclair
  VanDeaver
  Villalobos
  Virdell
  Wharton
  Wilson
  ______________________________
  Speaker of the House     
         I certify that H.R. No. 128 was adopted by the House on
  September 3, 2025, by the following vote:  Yeas 80, Nays 28, 1
  present, not voting.
  ______________________________
  Chief Clerk of the House