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Texas Legislature

Texas Legislature. A part time legislature. Meets in regular session for only 140 days (counting Saturdays and Sundays) Biennially – every other year Session begins in odd numbered years – on the second Tuesday in January and ends at the end of May or early June.

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Texas Legislature

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  1. Texas Legislature

  2. A part time legislature • Meets in regular session for only 140 days (counting Saturdays and Sundays) • Biennially – every other year • Session begins in odd numbered years – on the second Tuesday in January and ends at the end of May or early June. • 79th leg, 2005-2006; 2007 begins 80th • Special sessions – • Called by governor (power tool to make legis finish) • 30 days in length x as many as governor calls • Limited agenda

  3. House of Representatives 150 2 year term 21, registered voter, Texas resident for 2 year, plus resident of district Republican majority? 2003 Senate 31 4 year term, ½ each election year 26, registered voter for 5 years and resident of district for at least 1 year Republican majority? 1997 Membership

  4. Salary • $7,200 per year • In addition to their annual salary all legislators and the lieutenant governor receive a per diem personal allowance of $128 for every day the legislature is in session (both regular and special sessions). This adds up to $17,920 for the regular 140-day session. Annual compensation for the year in which the legislature is in session totals $25,120 – which includes the $7,200 salary and $17,920 per diem allowance. For the biennial term, legislators earn $32,320, or a yearly average of $16,160. • Consider that the median annual household income in the United States was $44,389 in 2004, according to the U.S. Census Bureau. Consider also that the "poverty" threshold, in official terms, was $19,307 for a family of four; $15,067 for a family of three; $12,334 for a family of two, and $9,645 for individuals that same year. According to the Census Bureau, the legislators of the second largest state in the union earn a salary below the national poverty level and far below the national median income.

  5. On the state level, the seats in both houses of the legislature are apportioned by population. • Nevertheless, the bicameral state legislature means that any bill that is introduced must twice wend its way through a complex process of review, amendment, and approval. • Extending considerably the time it takes to pass a law, it introduces many more opportunities to derail a bill. The net effect is to restrict the overall volume of successful legislation.

  6. Legislature’s powers • Inherent police power -- to promote and safeguard the public safety, health, morals, and welfare • Creation, abolition, and redefinition of state agencies • also relies on its Sunset Advisory Commission to make recommendations concerning the continuation of almost all state agencies. • Requiring regular and special reporting from state agencies • Additionally, the Legislative Audit Committee appoints the State Auditor, who provides information regarding the appropriateness of the use of state funds. • Budget approval over state agencies – biennial appropriations • Investigative power to subpoena witnesses and documents in formulating laws

  7. House of Representatives Impeach governor, state judges, etc Senate Confirm gubernatorial apptmts, nec 2/3 vote Trial for impeachment Exclusive powers

  8. Immunities • During legislative sessions and other official legislative business, legislators are not subject to certain public laws which might impede legislative business. • Most notably, legislators cannot be charged with or sued for slander for statements made during legislative proceedings. • Also, except for treason, felony, or breaking the peace, legislators are privileged from arrest during a legislative session or while journeying to or returning from a session.

  9. Bills • All legislation that has not been approved by both houses by the last day of the session is dead. • 8.1  Introduction and ReferralA bill must be passed by both houses of the Legislature in order to be sent to the Governor for approval or acceptance as a law. It can be introduced in either chamber first, or both simultaneously to speed the process, except that all bills for raising revenue must start in the House. • A bill can be introduced only by a member of the Legislature. This member is known as the sponsor of the bill. But the sponsor typically is not the originator of the proposed legislation. • More commonly, bills begin as twinkles in the eyes of organized interest groups, private corporations, lobbying organizations, and law firms. These organizations offer considerable expertise in the specific subject areas and in the formal requirements (style, organization and content) of proposed legislation. Sometimes they even write the full text that is submitted to the chief clerk. • The shortness of the legislative session has led to the practice of prefiling bills before the legislative session begins. On the first business day in the week following the November general elections current members and those just elected but not yet seated may begin prefiling bills. After the 2004 election, lawmakers prefiled 135 bills on the first day for prefiling, typical of prefiling patterns in the 1990s but down somewhat from the surge in prefiling after the raucous 2000 and 2002 elections (257 bills prefiled on the first day after the 2000 election and 249 after the 2002 election). • When a bill is introduced it is assigned a number that begins with HB (House Bill) if introduced in the House and SB (Senate Bill) if introduced in the Senate. • The Texas Constitution requires three readings of a bill on the floor of each house. The first reading occurs when the bill is introduced. Here the reading clerk in the House or the Secretary of the Senate reads aloud the bill's caption, a short summary, and announces the committee to which the Speaker (or the Lieutenant Governor in the Senate) has assigned responsibility for working on the bill. • Because the legislative process is time-consuming and the legislative session is short, it is common for identical companion bills to be introduced in both houses at once.

  10. Bills • There are three types of bills that can be introduced: general, special, and local. • Because of constitutional limitations on the types of local bills, the Legislature has developed the practice of passing so-called bracket bills, which do not name a specific local government or entity. • Instead, they apply to a certain local government by specifying, for instance, that the bill applies to all counties with a land area between 6,190 and 6,200 square miles (only one, Brewster County). These are technically general bills, but in reality they function like local bills. • The Texas House of Representatives has placed some limits on the use of bracket bills, forcing legislators to be more general when writing legislation targeted on specific local areas.

  11. Resolutions • A resolution is merely a formal statement of opinion or of a specific decision; not a proposed law. 1) A simple resolution may be passed by either chamber of the Legislature. 2) A joint resolution must be passed jointly by both chambers. Neither type of resolution requires the signature of the Governor. • Joint resolutions are the mechanism by which amendments to the Texas Constitution are proposed. Such resolutions must be approved by the voters in order to become amendments. Joint resolutions are also used to ratify proposed amendments to the U.S. Constitution or to call a convention to propose amendments to the U.S. Constitution. • 3) The concurrent resolution, must be approved by both houses and usually requires action by the Governor. Concurrent resolutions are used to offer commendations or a memorial, send congratulations or a statement of welcome, or request action by a governmental entity. This type of resolution is also used for administrative actions within the Legislature that require the agreement of both houses, like adjourning the Legislature or creating a joint session. Resolutions for this type of internal administration do not require action on the part of the Governor.

  12. Lieutenant governor • ironically, the executive branch duties of the Lieutenant Governor are almost non-existent, except in the case of the Governor's death, resignation, removal from office, or absence from the state. In such circumstances, the Lieutenant Governor exercises the powers and duties of the office of the Governor. • The Lieutenant Governor's legislative duties, however, are much more robust. The Lieutenant Governor appoints the committees of the Senate: a considerable power, since committees generally control specific policy areas. • Furthermore, the Lieutenant Governor has authority in the Senate to assign bills to specific committees. Generally, the various committees have responsibility over specific areas of public policy. A bill dealing with jails would normally be assigned to the Senate Criminal Justice committee, and so on. But the rules for assignment to committee are weak enough that they give the Lieutenant Governor considerable discretion in assigning bills to committee. Because bills often touch on several policy areas, "ownership" of a bill is uncertain, and the Lieutenant Governor may prefer one committee over another. The Lieutenant Governor thus can choose to reward or punish a committee and its members, or interest groups, by selecting the committee to which to assign a specific bill. • In addition to these considerable institutional powers, the Lieutenant Governor serves on several important boards and may also cast the deciding vote on the Senate floor in case of a tie. The Lieutenant Governor serves as chairman of the Legislative Budget Board and the Legislative Council, and is vice-chairman of the Legislative Audit Committee and the Legislative Education Board. • Also, when the Legislative Redistricting Board convenes (only when the Legislature is unable to approve a redistricting plan for both houses) the Lieutenant Governor serves as one of the five members. • According to the Handbook of Texas Online, the Lieutenant Governor has exerted growing influence in lawmaking and in administration and public policy since World War II. This may result partly from two changes to the office over the course of the twentieth century. • First, the length of the term of office for the Lieutenant Governor was constitutionally extended from two to four years beginning with the election of 1974. Second, lieutenant governors have served ever more numerous terms since the 1890s. Until then, it was customary for lieutenant governors not to seek reelection to a second term. Over the next few decades, two different lieutenant governors were elected to third terms. And, in the post-World War II period, Ben Ramsey was elected to a record six terms, and Bill Hobby was elected to five terms. Hobby actually served more years than Ramsey because four of his five terms were for four years. • This extended longevity in office can significantly enhance the informal influence and legislative expertise of lieutenant governors, while allowing them to consolidate their control over the committees and individual legislators. • Most recently, the greater intensity of electoral campaigning for the office of Lieutenant Governor between the two major parties could have the potential of reducing the tendency toward reelection. If the office were to be occupied alternately in succession by members of one party then the other, it could be weakened in the long run. This is because the Republican Party's seemingly solid majority status among the Senate membership (especially after the 2001 redistricting) could lead to situations where the president of the Senate is a member of the minority party in that chamber. Such a situation could pose an additional obstacle in the Senate to passing legislation.

  13. Bill • 8.2  Committee Action After the bill has been referred to committee but before any action by members, the committee staff must produce and distribute an analysis of the various provisions in the bill. The committee chair may request a fiscal note and an impact statement to determine the costs of implementing the bill and its effects on specific aspects of state administration. • The committee or a subcommittee to which the bill has been assigned may decide to pigeonhole the bill (putting it at the bottom of the committee's agenda, effectively killing the bill). Otherwise, it will hold hearings that allow various constituents and other experts to testify on the content of the proposed legislation. Additionally, the committee may make substantial changes to the bill. This markup process may involve rewriting specific sections, and adding and deleting provisions. • After all of the changes have been made to the bill, the committee votes on whether it should be considered by the whole chamber. By simple majority vote the committee decides whether to report the bill favorably, unfavorably, or not report it for floor consideration at all. An unfavorable report or no report will kill the bill.

  14. Bills • 8.3  Floor actionHouse ActionAssuming a favorable committee report, the bill introduced in the House must be scheduled by one of two committees for floor debate: • The Local and Consent Calendar Committee is responsible for legislation impacting only a limited number of local jurisdictions (cities, counties, etc.), consent bills, and non-controversial resolutions. • The Calendars Committee is responsible for all other bills, placing them on one of three calendars: the Emergency Calendar, Major State Calendar, and General State Calendar. • The Calendars Committee has thirty days after receiving a bill to vote on placing the bill on one of the three legislative calendars for floor consideration. After this period, any member of the House can make a motion on the floor to place the bill on a specific calendar. If seconded by five members and passed by majority vote, the bill may be scheduled for floor action. This procedure is rarely undertaken. • When the bill comes up for consideration on the floor as scheduled, it is given the second reading (usually limited to reading only the caption). After debate (typically limited to ten minutes for each speaker) and amendment, a vote is taken for tentative approval. • After all the debate and amendments, the bill is ready for its third reading. Amendments may still be offered, but these require a two-thirds majority approval at this point. A simple majority is needed to pass the final version of the bill. Senate ActionLacking a calendars committee, the Senate relies on the Intent Calendar which schedules bills for general consideration in the order in which they are reported favorably out of committee. However, the Senate does not follow this order. At the beginning of the legislative session, a dummy bill (not intended for floor action) is place at the top of the Intent Calendar, making it necessary to take up all other bills outside of the regular order. • To do this the sponsor of the bill or a member of the reporting committee must get recognition from the President of the Senate (the Lieutenant Governor) to make a motion to take up a bill outside of the Intent Calendar order. Two-thirds of the members who choose to vote must approve such an action. • If the bill is taken up by the Senate, it is given its second reading, at which point it is opened for debate and amendment. As in the U.S. Senate, there is a tradition in the Texas Senate that permits members to speak for as long as they wish (or otherwise can physically sustain). When members try to kill a bill by "talking it to death" and using up so much time that the rest of the Senate agrees to move on, this is known as a filibuster. • If the bill is approved on the second reading, it is ready for its third reading and, ultimately, final approval. As in the House, amendments are allowed at this point and require a two-thirds majority vote of members present. • Although the Texas Constitution requires that a bill receive each of its three readings on three separate days, this rule can be suspended by a four-fifths vote of members present. Though the House rarely uses this motion, it is routinely used in the Senate to pass non-controversial legislation, particularly toward the end of a legislative session.

  15. Bill • 8.4  Conference Committee If the versions of the bill passed by the House and Senate differ – which is most likely the case – the bill must be considered by a conference committee made up of five members of each chamber appointed by the respective presiding officers. • Depending on the extent of the differences between the two versions of the bill the conference committee may have to rewrite whole sections and even add amendments. After all deliberations and changes, the conference committee votes on the final version. At least three of the five members from each house must approve the conference committee version. • The conference committee sends a report back to both chambers, where the full chamber must approve the modified bill by a simple majority in order for it to go to the Governor's desk. No amendments or changes are allowed at this point. Though either of the full chambers could send it back to the conference committee for additional work, this would likely kill the bill.

  16. Bill • 8.5  Governor's DeskThe chief executive (the Governor) must approve or reject all proposed legislation. The state Constitution gives the Governor ten days after receiving a bill (not counting Sundays) to take action. If the Legislature has adjourned this period is extended to twenty days. • The Governor can take one of three actions:    1. sign the bill into law    2. take no action, which allows the bill to become law after the period for gubernatorial consideration expires (ten or twenty days)    3. veto the bill by sending a formal message of rejection to the Legislature In the case of appropriations bills, the governor also has the option of vetoing specific items with the line-item veto. This type of veto does not apply to other types of bills. NO POCKET VETO exists. • When the Governor vetoes legislation, the Legislature may override the veto with a two-thirds vote in each house. However, because the legislative session is so short, many vetoes occur after the Legislature has adjourned, thereby denying any opportunity to override the Governor's decision. A bill cannot be taken up in a subsequent legislative session unless it goes through the entire legislative process all over again.

  17. Recently, the issue of post-session vetoes by the Governor has come to the public's attention because of concerns about the influence of special interests. Within days after the 77th legislative session ended in 2001, Governor Rick Perry accepted over $1.2 million in campaign contributions, including $175,000 on the first full day after the session adjourned. Most of this first day's haul came from members of Texans for Lawsuit Reform. As it turned out, Mr. Perry vetoed eighty-two bills: a record number. These included four bills that the lawsuit reform group opposed. • One might expect high numbers of vetoes, given the increasing number of bills passed by an ever efficient legislature over the past decade. Still, the eighty-two bills vetoed in 2001 seemed unusually high and generated some criticism. [7] Subsequent ethics legislation passed in the 78th legislature prohibited campaign contributions later than the thirtieth day before the legislative session convenes or before the twentieth day after the legislative session ends.

  18. Initiative, recall and Referendum • Not in Texas • Limited, non-binding advisory referendum by local government

  19. The Legislative Process in Texas • This diagram displays the sequential flow of a bill from the time it is introduced in the House of Representatives to final passage and transmittal to the Governor. A bill introduced in the Senate would follow the same procedure in reverse.

  20. Add’l vocab • Sunshine laws – same as Open Meetings laws, all governmental entities must hold open public meetings • Sunset laws – requires agency/program evaluation prior to re-authorization by legislature

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