The Texas Legislature

TCC Chapter 7 NCTC Chapter 8

Chapter Topics
Structure Membership

Organization
The Legislative Process Legislative Policymaking
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The 82nd Legislature Session: The Highlight Reel

http://www.texastribune.org/texaslegislature/82nd-legislative-session/the-82ndlege-session-the-highlights-reel/

http://www.youtube.com/watch?v=9FLnj2tGFD Q
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Legislative Framework
Bicameral
two chamber legislative body

Texas House of Representatives

150 members

Texas Senate
31 members
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Legislative Framework
Representation House members represents approximately 140,000 individuals Senate members represents approximately 675,000 constituents.

Legislative Framework
US and Texas Constitution
districts must be redrawn after each decennial census

Texas Legislative Redistricting Board

Created in 1948 and used if state maps are not made during regular session

Reynolds v. Sims (1964)

U.S. Supreme Court declared one man (person), one vote for the state legislative districts

Voting Rights Act 1965 Gerrymandering

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Legislative Elections and Terms of Office

Texas House of Representatives
Election held every two years Two-year unlimited terms

Texas Senate
Election of approximately half the Texas Senate held every two years Four-year unlimited terms
unless after census
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Legislator Terms of Office

Special Elections
Held for vacancies

Expulsion from office

If two thirds of the involved chamber votes member out of body

Active duty military exception

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How Do We Compare?

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Texas Legislature: Formal Qualifications

Texas House
United States citizen Qualified Texas voter Resident in district for one year immediately preceding election Texas resident for two years immediately preceding election At least 21 years old

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Texas Legislature: Formal Qualifications

Texas Senate
United States citizen Qualified Texas voter Resident in district for one year immediately preceding election Texas resident for five years immediately preceding election At least 26 years old
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82nd Texas Legislature

Senate
25 men and 6 women 19 Republicans and 12 Democrats 29 incumbents and 2 new members The mean age is 57.5 The median age is 59 The oldest senator is 70 The youngest senator is 40
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82nd Texas Legislature

House
118 men and 32 women 101 Republicans and 49 Democrats incumbents and new members Anglo 101 African American 17 Latino 30 Asian American 2
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Texas Legislature: Informal Qualifications

Education
Most current members of Texas Legislature have bachelors degrees or higher

Occupation
Most business/professional and lawyers Lawyers as state legislators
Take advantage of retainer fees Have limitations on their practices

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Texas Legislature: Informal Qualifications

Gender
1922 first Woman
Edith Williams

82nd Legislature of 2011

38 women held seats
6 female Senators 32 female Representatives

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Texas Legislature: Informal Qualifications

Race
19th Century
Limited number of racially/ethnically diverse males elected

1960s - 1970s

First concentrated number of racially/ethnically diverse members elected

1971 - 2011 African-Americans increased in the state legislature from 3 to 17 Hispanics increased in the state legislature from 12 to 30 Asian-Americans increased from 0 to 2
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Texas Legislature: Informal Qualifications

Legislative Turnover
Elected members leaving the Texas Legislature
House17% turnover rate last 10 sessions Senate14% turnover rate last 10 sessions Turnover greater after redistricting

Legislative Tenure
Average length of service
House and Senate, more than six years Most Texas Senators serve in the House first Incumbents often beat the challenger
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Texas Legislature: Informal Qualifications

Party
Following reconstruction, Democrats dominated the Texas Legislature Democrats controlled the Texas Senate until the elections of 1996 when Republicans gained the majority Republicans took the majority in the Texas House after elections of 2002 Future demographic changes and increased independent movement may change the party controls in the state legislature
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The Session
The legislature meets in a regular session every other year (biennial)
in odd-calendar years with sessions beginning on the second Tuesday in January.

The Session is limited to a maximum of 140 calendar days. Pressure Sessions - Legislative activity in Texas thus tends to concentrate at certain times
the deadline for submitting bills and the end of the session.
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The Session
Special Sessions - The Texas Constitution empowers the governor to call special sessions of the legislature, which may last for a maximum of 30 calendar days. Only items that the governor has stipulated for a special can be discussed.
Fiscal matters for HB1: including school district financing Congressional redistricting Texas Windstorm Insurance Association Abolishment of sanctuary cities Offense of official oppression on those seeking access to public buildings and transportion
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Texas Legislature: Compensation

Salary - House and Senate is set by the Texas Constitution
$600 a month or $7,200 a year. 1975 last raise

Per diem

Set by Texas Ethics Commission before each new session Pays for legislators meals and lodging $ 150/day in 2011 $ 168/day in 2009

Tax deductions allowed

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Texas Legislature: Compensation

Expense Allowance
Each state representative and senator receives an operating monthly account paid for by the state to operate their office, pay staff, travel, etc. Limited in its use Can be supplemented with campaign contributions

State law also allows legislators to deposit leftover or excess campaign funds into officeholder accounts that can be used to pay for whatever expenses the lawmaker wants to cover.
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Texas Legislature: Compensation

Texas legislators have provided themselves with one of the most generous pension plans in the nation. Retirement
May retire at 50 with 12 years legislative experience or at age 60 with eight years legislative experience Must contribute 8% of salary to receive 2.3% of a state-funded portion of a state district judges salary for each year of service
$125,000

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Legislative Presiding Officers

President of Senate: Lieutenant Governor

elected for a four-year term Appoints all Senate committee chairs and vice chairs Appoints all Senate committee and subcommittee members Determines to which committees bills are sent Recognizes senators to speak on Senate floor or to make motions Votes to break ties in Senate Joint-chairs the Legislative Council Joint-chairs the Legislative Budget Board Joint-chairs the Legislative Audit Board

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Legislative Presiding Officers

Speaker of the House
elected once a member of the Texas House for a two-year term Appoints all substantive and procedural committee chairs and vice chairs in the House Appoints all procedural committee members in the House Appoints all substantive committee members in the House, within limits of seniority rule Determines to which committees bills and resolutions are sent Recognizes members to speak on House floor or to make motions Joint-chairs the Legislative Council Joint-chairs the Legislative Budget Board Joint-chairs the Legislative Audit Board
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Types of Legislation
Bill
A proposed law

Resolution
A legislative statement of opinion on a certain matter, i.e., congratulating a Texas sports team for winning a championship

Simple Resolution
including House and Senate rules

Joint Resolution
is a resolution that must be passed by a two-thirds vote of each chamber.
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Committee System
Standing Committee Interim Committee
A committee established to study a particular policy issue between legislative sessions, such as higher education or public school finance.

A standing committee is a permanent committee established to handle legislation in a certain field

Select or Special Committee

A committee established for a limited period of time to address a specific problem.

Conference Committee
A committee created to negotiate differences on similar pieces of legislation passed by the House and Senate.
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Legislative Committees
House Committees
Substantive
Procedural Select
seniority must be considered

House has limits on how many committees a member can be on normally 3

Senate Committees
Standing Special Interim

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Legislative Caucuses
Legislative Caucus
Group of like-minded legislative members seeking to increase their influence for certain public policies Prohibited from receiving public money and using state office space Types
Party Race/Ethnic Ideological Regional
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How a Bill becomes a Law

Process guided by the legislative rules and time constraints. Legislative session time line
First 30 days dedicated to bill introduction Second 30 days dedicated to Committee meetings Last 80 days dedicated to debate and bill movement
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How a Bill becomes a Law

Step #1 Introduction
Bills can be introduced as early as the Monday after the general election in November Bills can be introduced in either the House, the Senate, or both (with a companion bill)
For this simulation we will begin in the Texas House

Step #2: First Reading (House) and Referral to committee

Referred to committees by the Speaker of the House
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How a Bill becomes a Law

Step #3 : House Committee consideration and report
Calendars
Daily House: Supplemental House: Local, Consent, and Resolutions: Congratulatory and Memorial Calendars

Step #4: Second Reading (House)

Debate and amendments

Step #5: Third Reading (House) Step #6: First Reading (Senate) Step #7: Senate Committee consideration and report
Referred to committee by the Lt. Governor and blocking bill
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How a Bill becomes a Law

Step #8: Second Reading (Senate) Step #9: Third Reading (Senate) Step #10 Return to House (original chamber) If exactly the same bill, then no need to go to conference Step #11: Conference Committee If differences between the two chamber bills Step #12: Conference Committee Report
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How a Bill becomes a Law

Step #13: Enrollment Step #14: Signatures of Chief Clerk and Speaker Step #15: Signatures of the Secretary of the Senate and the Lieutenant Governor Step #16: Action by the Governor
Veto Line item veto Sign the bill
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Calendars Committee
Those categories, listed in order of priority, are the:
(1) emergency calendar (2) major state calendar (3) constitutional amendments calendar (4) general state calendar (5) local, consent, and resolutions calendar (6) resolutions calendar (7) congratulatory and memorial resolutions calendar
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Voting
Majority Vote - Ordinary legislation passes the Texas House and Texas Senate by majority vote of those members present and voting. Two-Thirds Majority - Constitutional amendments require a two-thirds vote of each chamber. House of Representatives - Members of the House vote electronically and a scoreboard displays each vote. Senate - Members of the Senate vote by roll call.
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Delaying tactics
Committee power Chubbing Blocking Bill Senate Filibuster Senate Procedural Rules
House rules provide for consideration of measures in order of priority set by the calendar system, but the House may vote by a two-thirds margin to consider a measure out of order. Standard Practice However, it is a standard practice to consider legislation out of order by suspending the rules of priority with a two-thirds vote of the Senate.
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Constitutional Amendment Power

Amendments to the Texas Constitution
Proposal requires a joint resolution in the Texas Legislature Passed through the Texas Legislature with a twothirds vote in both chambers Sent for a public vote for ratification

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Administrative and Investigative Power

Legislative Oversight
Legislative Audit Committee Sunset Advisory Committee Legislature can subpoena witnesses, administer oaths, and compel submission of records

Administrative Power
Appointment approval Senatorial Courtesy
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Constituents
Traditional Model
is that candidates make promises during the election campaign and then keep (or fail to keep) those promises once in office. In this approach, citizens hold legislators accountable for keeping their promises.

Second Model
that lawmakers do what they think their constituents will approve at the next election. This approach recognizes that legislators may sometimes address issues that were not discussed during the last election.
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Constituents
Third Model
that legislators use their own common sense and good judgment to do what is best for their constituents and the state as a whole.

Fourth Model
that legislators sometimes represent constituents outside their districts, such as campaign contributors. From this perspective, big money contributors may have as much or more influence over legislative decision-making as the voters.
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