Texas 89th Legislature, 2nd Called Session (2025) Status: To Executive

HR 128 — Amending the House Rules of Procedure to authorize additional constitutionally compliant, proportional penalties for members absent without leave for purpose of impeding the action of the House that do not unfairly impair members' representative functions.

Last action — Reported enrolled

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced August 29, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 63 sponsors

    5 primary, 58 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

116 added · 89 removed

116 line(s) added, 89 removed.

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By:AAVasut H.R.ANo.A128 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;
H.R.ANo.A128 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;
89S21287 TYPED 1 H.R.ANo.A128 (2)AApayment of costs incurred by the sergeant-at-arms;
H.R.ANo.A128 (2)AApayment of costs incurred by the sergeant-at-arms;
(7)AAexpulsion in the manner prescribed by Section 11, Article III, Texas Constitution;
or (7)AAexpulsion in the manner prescribed by Section 11, Article III, Texas Constitution.
or (8)AAany other penalty allowed by the house rules in accordance with Section 10, Article III, Texas Constitution, and this section.
(e) AAUnless the house excuses the payment by a majority vote, each member who is absent without leave is liable to the house for:
(e)AAUnless the house excuses the payment by a majority vote, each member who is absent without leave is liable to the house for:
(e-1)AA(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.
(e-1)AA(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)AAIf a penalty under this subsection is not excused, H.R.ANo.A128 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.
(2)AAIf 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)AA(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.
H.R.ANo.A128 (e-2)AA(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.
(e-3)AA(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.
(e-3)AA(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.
and H.R.ANo.A128 (B)AAif 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.
and (B)AAif 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 H.R.ANo.A128 recalculated seniority.
(f)AAThe Committee on House Administration shall notify a member of the total amount of fines and costs for which payment is not excused.
(f) AAThe 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 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.
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.
(g) AABefore a member is expelled under this section, the matter shall be referred to the Committee on House Administration for investigation and report.
(g)AABefore 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 H.R.ANo.A128 24 hours before consideration.
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) AABefore a penalty described by Subsection (d)(8) may be imposed against a member absent without leave:
(h) AAThe penalties prescribed by this section are not exclusive and this section does not preclude the imposition of any H.R.ANo.A128 other penalty allowed by the house rules or the Texas Constitution.
(1)AAthe Committee on House Administration must adopt a motion identifying the specific penalty that will be imposed if a member who is currently absent without leave does not return to the house;
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 A H.R.ANo.A128 ______________________________ Speaker of the HouseAAAAA I certify that H.R.
(2)AAthe member must fail to return to the house within twenty-four (24) hours of receiving written notice of the adoption of a motion under Subdivision (1);
No.
and, (3)AAthe proposed penalty must be referred to the Committee on House Administration for investigation and report subject to the same restrictions set forth in Subsection (g).
128 was adopted by the House on September 3, 2025, by the following vote:
AAYeas 80, Nays 28, 1 present, not voting.
______________________________ Chief Clerk of the HouseAAA 6
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Action History

  1. Reported enrolled

  2. Reason for vote recorded in Journal

  3. Statement(s) of vote recorded in Journal

  4. Record vote

  5. Adopted as amended

  6. Amendment withdrawn

  7. Point of order withdrawn (amendment)

  8. Amendment(s) offered

  9. Point of order sustained (amendment)

  10. Amendment(s) offered

  11. Amended

  12. Laid before the House

  13. Committee report distributed

  14. Comte report filed with Committee Coordinator

  15. Reported favorably w/o amendment(s)

  16. Considered in formal meeting

  17. Referred to House Administration

  18. Filed

Sponsors

Sponsorship breakdown

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5 sponsors · 58 co-sponsors · 121 not signed on · 28 voted No

Sponsors (5)

Co-sponsors (58)

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

passage

Passed 80 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8028043
Total 8028043
% of votes cast 53%19%0%28%
How each member voted (151)
Member Party Vote
Present — Not Voting
Mr. Speaker — Not Voting
AJ Louderback — Yea
Aicha Davis — Not Voting
Alan Schoolcraft — Yea
Alma Allen — Not Voting
Ana-María Rodríguez Ramos — Not Voting
Andy Hopper — Yea
Angelia Orr — Yea
Angie Button — Yea
Armando Martinez — Not Voting
Armando Walle — Nay
Barbara Gervin-Hawkins — Nay
Ben Bumgarner — Yea
Brad Buckley — Yea
Brent Money — Yea
Brian Harrison — Yea
Briscoe Cain — Not Voting
Brooks Landgraf — Yea
Candy Noble — Yea
Carl Tepper — Yea
Caroline Fairly — Yea
Carrie Isaac — Yea
Cassandra Garcia Hernandez — Not Voting
Cecil Bell — Yea
Charles Cunningham — Yea
Charlie Geren — Yea
Chris Turner — Nay
Christian Manuel — Nay
Christina Morales — Not Voting
Claudia Ordaz — Not Voting
Cody Harris — Yea
Cody Vasut — Yea
Cole Hefner — Yea
Dade Phelan — Yea
Daniel Alders — Yea
David Lowe — Yea
David Spiller — Yea
Denise Villalobos — Yea
Dennis Paul — Yea
Diego Bernal — Not Voting
Don McLaughlin — Yea
Donna Howard — Nay
Drew Darby — Yea
Eddie Morales — Not Voting
Ellen Troxclair — Yea
Erin Gámez — Not Voting
Erin Zwiener — Nay
Garcia Hernandez — Nay
Gary Gates — Yea
Gary VanDeaver — Yea
Gene Wu — Not Voting
Gina Hinojosa — Nay
Giovanni Capriglione — Yea
Greg Bonnen — Yea
Harold V. Dutton, Jr. — Nay
Harris Davila — Yea
Helen Kerwin — Yea
Hillary Hickland — Yea
Hubert Vo — Not Voting
J. M. Lozano — Yea
James B. Frank — Not Voting
James Talarico — Nay
Janie Lopez — Yea
Janis Holt — Yea
Jared Patterson — Yea
Jay Dean — Not Voting
Jeff Barry — Yea
Jeff Leach — Yea
Jessica González — Nay
Joanne Shofner — Yea
Joe Moody — Nay
John Bryant — Nay
John Bucy III — Nay
John Lujan — Yea
John McQueeney — Yea
John Smithee — Yea
Jolanda Jones — Not Voting
Jon Rosenthal — Nay
Josey Garcia — Not Voting
Katrina Pierson — Yea
Keith Bell — Yea
Keresa Richardson — Yea
Lacey Hull — Yea
Lauren A. Simmons — Nay
Leo Wilson — Yea
Linda Garcia — Not Voting
Liz Campos — Not Voting
Mano DeAyala — Yea
Marc LaHood — Not Voting
Mark Dorazio — Yea
Mary Ann Perez — Not Voting
Mary E. González — Not Voting
Matt Morgan — Yea
Matt Shaheen — Yea
Mihaela Plesa — Not Voting
Mike Olcott — Yea
Mike Schofield — Yea
Mitch Little — Yea
Molly Cook — Yea
Morales Shaw — Not Voting
Morgan Meyer — Yea
Nate Schatzline — Yea
Nathan Johnson — Not Voting
Nicole Collier — Nay
Oscar Longoria — Not Voting
Pat Curry — Yea
Paul Dyson — Yea
Pete Flores — Not Voting
Phil King — Yea
Philip Cortez — Not Voting
R. D. "Bobby" Guerra — Not Voting
Rafael Anchía — Not Voting
Ramon Romero, Jr. — Nay
Ray Lopez — Nay
Rhetta Bowers — Nay
Richard Hayes — Yea
Richard Peña Raymond — Nay
Ron Reynolds — Not Voting
Ryan Guillen — Yea
Salman Bhojani — Not Voting
Sam Harless — Not Voting
Senfronia Thompson — Not Voting
Sergio Muñoz, Jr. — Not Voting
Shelby Slawson — Yea
Shelley Luther — Not Voting
Sheryl Cole — Nay
Stan Gerdes — Yea
Stan Kitzman — Yea
Stan Lambert — Not Voting
Steve Toth — Yea
Suleman Lalani — Nay
Terri Leo Wilson — Yea
Terry Canales — Not Voting
Thresa "Terry" Meza — Nay
Todd Hunter — Yea
Tom Craddick — Yea
Tom Oliverson — Yea
Toni Rose — Nay
Tony Tinderholt — Yea
Trent Ashby — Yea
Trey Martinez Fischer — Not Voting
Trey Wharton — Yea
Valoree Swanson — Yea
Venton Jones — Not Voting
Vikki Goodwin — Nay
Vincent Perez — Nay
Ward Johnson — Nay
Wes Virdell — Yea
Will Metcalf — Yea
Yvonne Davis — Not Voting

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Subjects

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Frequently asked questions

Who sponsors HR 128?
HR 128 is sponsored by Leo Wilson, Valoree Swanson, David Spiller, John Smithee, Shelby Slawson, Joanne Shofner, Matt Shaheen, Alan Schoolcraft, Nate Schatzline, Keresa Richardson, Katrina Pierson, Dennis Paul, Jared Patterson, Angelia Orr, Tom Oliverson, Mike Olcott, Candy Noble, Morgan Meyer, Will Metcalf, Don McLaughlin, David Lowe, AJ Louderback, Janie Lopez, Mitch Little, Brooks Landgraf, Carrie Isaac, Todd Hunter, Lacey Hull, Andy Hopper, Janis Holt, Hillary Hickland, Cole Hefner, Richard Hayes, Sam Harless, Stan Gerdes, James B. Frank, Caroline Fairly, Paul Dyson, Mark Dorazio, Mano DeAyala, Drew Darby, Charles Cunningham, Ben Bumgarner, Brad Buckley, Keith Bell, Cecil Bell, Daniel Alders, Matt Morgan, John McQueeney, Greg Bonnen, Mike Schofield, Cody Vasut, Terri Leo Wilson, Trey Wharton, Wes Virdell, Denise Villalobos, Gary VanDeaver, Ellen Troxclair, Steve Toth, Tony Tinderholt, Carl Tepper, David Cook, and Caroline Harris Davila.
What is the current status of HR 128?
This bill has been sent to the executive. Introduced August 29, 2025. It awaits signature.
Where can I track HR 128?
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