The Legislative Branch

1. The Legislative Branch Chapter 4

2. Texas Legislature - Elections • Apportionment and Redistricting • Apportionment: basis for representation. Texas Senate was “qualified electors;” House was “population.” Limits and “rotten boroughs” • Districting: drawing the boundaries for districts: House, Senate, U.S. House of Representatives. Districts must be compact, contiguous, approximately equal in population. Ideal size: Senate=672,639; House=139,012.

3. Texas Legislature - Elections • Redistricting Process (TX House and Senate) • Legislature passes redistricting bill. • Governor may veto. • If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a Legislative Redistricting Board (Lt. Gov., Speaker, AG, Comptroller, Land Commissioner) draws the districts. • Gerrymandering • Packing • Cracking

4. Texas Legislature - Elections • Redistricting Process (US House) • Legislature passes redistricting bill. • Governor may veto. • If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a U.S. District Court must draw the district boundaries. • 2003 Redistricting • 2002 Elections • 2003 Regular Session • 2003 Special Sessions

5. Texas Legislature - Elections • Reelection rates and turnover • Texas House: 1998=16%; 2000=7%; 2002=23%; 2004=11%; 2006=18%; 2008=13% • Texas Senate: 1998=6%; 2000=3%; 2002=23%; 2004=6%; 2006=16%; 2008=13% • Tenure, 2009: House= 8 years; Senate=14 years • Term Limits?

6. Texas Legislature - Structure • Bicameral • Biennial meetings, Odd years • House Members – 150 House, 31 Senate • Tenure – 2 years House, 4 years Senate • Compensation – salary ($7,200) and per diem ($168 in 2009) • Residence – House – 2 years state, 1 year district • Residence – Senate – 5 years state, 1 year district • Age – House – 21, Senate - 26

7. Texas Legislature – Characteristics of Members • Occupation, education, and religion • Businesspersons and lawyers • Majority have advanced degrees • Catholics, Baptists, Methodists, and Episcopalians • Gender, race, and age • 43 Women (6 Senate; 37 House) • 38 Hispanics (6 Senate; 32 House) • 16 African Americans (2 Senate; 14 House) • 2 Asian American (House) • Average age: 51 House; 54 Senate

8. Texas Legislature – Characteristics of Members • Political Party • Historically, Democrats had majorities • 2009, House: 76 Republicans, 74 Democrats Senate: 19 Republicans, 12 Democrats • Ideology--2007 • 70 Conservatives: 68 Republicans, 2 Democrats • 36 Liberals: 33 Democrats, 3 Republicans • 38 Populists: 33 Democrats, 5 Republican • 4 Libertarians: All Republicans

9. Texas House–Composition

10. Texas Senate–Composition

11. Texas Legislature - Organization • Leadership • Senate – Lieutenant Governor • House – Speaker • Committees • Types of Committees • Standing • Special • Interim • Joint • Conference • Composition

12. House Committees – 81st Legislature 34 Standing Committees 28 Substantive 6 Procedural 18 Republican Chairs 16 Democratic Chairs

13. Senate Committees – 81st Legislature18 Standing Committees16 Substantive2 Procedural12 Republican Chairs 6 Democratic Chairs

14. Powers – Speaker of the House • In the leadership system • Appoints chairs and vice chairs of substantive committees • Appoints housekeeping and leadership committees • Appoints speaker pro tempore

15. Powers – Speaker of the House • In the committee system • Appoints half of substantive committee members • Appoints all members of the Appropriations Committee • Appoints select, conference, and interim committee members • Determines jurisdiction of committees through control over House Rules

16. Powers – Speaker of the House • In the staff system • Appoints officers, employees, and personnel • Appoints members of the Legislative Budget Board (Speaker, Appropriations Chair, Ways and Means Chair, 2 others) and Legislative Council (House Administration Chair, 5 others). • Appoints members of the Sunset Advisory Commission (5 House members and 1 public member).

17. Powers – Speaker of the House • In the system of rules and procedures • Writes the rules for the House • Applies, enforces, and interprets the rules • Refers bills to committees • Presides over activities in the House • Schedules bills for floor debate (Calendars Committee)

18. Opposition in the House • House Study Group (1975) • Opposition to Speaker Clayton • Morphed into House Research Organization • Texas Conservative Coalition (1985) • http://www.txcc.org/ • Formed in opposition to legislation • Created research institute • Legislative Study Group (1994) • http://www.texaslsg.org/ • Moderate and progressive members

19. Think Tanks • Texas Public Policy Foundation • http://www.texaspolicy.com • Conservative group • Publications, Forums, etc. • Center for Public Policy Priorities • http://www.cppp.org • Progressive group • Publications, Forums, etc.

20. Legislative Process - Introduction • One primary author, cosponsors allowed – written permission • Filing dates – no limit during first 60 days, 4/5s required after • Copies – 13 required • “preferred bills” – one per member – priority on calendar • First reading and assignment to committee – read on 3 days – 4/5 to suspend – Speaker assigns

21. Legislative Process - Committee • No bill can become law unless referred to and reported on by committee • Committee hearings – can consider legislation in public hearings, formal meetings, and work sessions. Meetings open to the public. Votes in open meetings. • Before committee consideration – analysis of bill, fiscal note, and impact statement – criminal justice, equalized education funding, water development, tax equity, actuarial • Anyone can testify before a committee

22. Legislative Process - Committee • Committee Actions • Amend bill • Substitute bill • Kill bill – chair determines when and if bill gets a hearing. Two-thirds vote to remove bill. Minority report possible. • Subcommittee • Referred by committee chair • Members chosen by chair

23. Legislative Process – Committee Report • Recorded vote adopting report • Recommendation of assignment to a calendar • Amendments and recommendation • Effect of bill on existing law • Analysis and synopsis of bill • Summary of committee hearing

24. Legislative Process – Calendar Committee • Assignment – 7 days – placed on one of House calendars • Placement – daily calendar – only bills debated on the floor. Cannot require placement by the committee – 36 hours before second reading

25. Legislative Process – Floor • Order of business • Registration of members – 2/3 quorum • Daily order of business • Call to order • Registration of members • Consideration of calendars – Emergency, Major State, Constitutional Amendments, General State, Local, Consent, Resolutions

26. Legislative Process – Floor • Daily order of Business (Continued) • Second reading – amendments possible. Sponsor opens and closes debate (20 minutes). Others get 10 minutes. Limit by previous question or motion to limit amendments. Voting by voice or roll call. • Third reading – separate legislative day. Four-fifths to suspend rule. Amendments require 2/3 vote.

27. Legislative Process – Senate • Calendaring Function – “blocker” bill • Intent Calendar – president of the Senate • Two-thirds vote – 21 senators – to suspend rules and consider bill • Debates – no limit • Filibuster

28. Legislative Process – Conference Committee • Five representatives • Five senators • Vote by chamber • Majority of each chamber required • Returns to chambers • Only consider differences

29. Legislative Process – Gubernatorial actions • Ten days to sign or veto bill if legislature is in session. • Bills effective 90 days after end of session unless: later day set or emergency declared and 2/3 vote in both chambers (earlier date set)

30. Budgeting Process - Steps • Budget Preparation • Governor’s Budget Office • Legislative Budget Board (LBB) • Constitutional Limitations • Balanced budget • Limit on spending growth • Comptroller’s estimate • Comptroller’s certification

31. Budgeting Process - Steps • Budget Adoption • Committee Hearings • House Appropriations • Senate Finance • House and Senate Action • Conference Committee • Budget Execution • Governor and LBB must agree on movement of funds

32. Influences on Legislative Behavior • Legislative staff • Individual legislators • Committees • Institutional • Legislative Council • Legislative Budget Board • Senate Research Center

33. Influences on Legislative Behavior • Relations with the governor • Call special sessions • Determine agenda items for special session • Veto bill • Relations with lobbyists • Provide information • Protect interests of groups represented

34. Join the Debate: Redistricting • Arguments for Nonpartisan Redistricting • Parties should not be able to increase their influence • Legislatures will not be fair in redistricting • Independent committee more likely to be fair • Arguments against Nonpartisan Redistricting • Truly independent or nonpartisan redistricting committee is impossible • Plan consequences are observable • Redistricting is a political process

35. Legislative Branch and Democracy • Powers of legislative leaders • Legislative procedures