Texas State Capitol

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Texas State Capitol
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Capitol Rotunda
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Texas Capitol

• Begun 1882
• Finished 1888
• 309.8' high
• 22.5' higher than
• U.S. Capitol.
• Role of convicts

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Limited Regular Session

• Amateurs meet only once every 2 years
• 140 days/4.6 months
• 2001 introduced 6,125 pieces of legislation (44
  per day)
• Begins 2nd Tuesday in January of odd years.
• Texas 1 of 7 states among 50 states without an
  annual regular session.

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Problems with limited time?

• Mistakes made considering 6,000 bills in 140 days
  once every 2 years. Remember constitution
  problems? Compressed time!
• 77th in 2001. 109.7 billion (Democrat)
• 78th in 2003. 118 billion (Republican)
• 79th in 2005 139.4! (Republican)
• 80th in 2007 152 billion (Republican)
• 81st in 2009 171 billion (Republican)
• Deciding 200 agencies and thousands of programs
  in 2 weeks (12 days of work/9 hours a day/109
  hours)!
• Decisions at rate of 1,568,807,339 billion
  (1.57) per hour, or 26.1 million per minute!

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Texas Special Sessions

• 34 states allow legislature to work when desired.
• In Texas, called only by governor, who chooses
  limits subjects that can be discussed.
• Limited to 30 days (costs 57K/day or 1.7
  million per month! Members loose personal income
  so hate special sessions).
• Can call as many as like back to back.
• 1986-87 had 4 special sessions 1989-90 had 6
  special sessions in 71st Legislature 1991-92 had
  2 special sessions in 72nd Legislature none 1992
  thru 2002. 2003 78th Legislature had 3 special
  sessions on redistricting democrats out of their
  US House jobs.

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Special Sessions Since 1990
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Legislature characteristics

• Texas Legislature has bicameral power with a
  Senate House
• Only Nebraska has a unicameral legislature with
  49 Members.
• All bills must first go through committees
• Texas Legislature must have 2/3 quorum present to
  do business.
• May 2003 53 House Democrats went to Oklahoma to
  avoid quorum and Republican redistricting bill.
  Speaker Craddick ordered police to arrest no
  jurisdiction. Senate 11 flee to New Mexico during
  summer.

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Legislature characteristics

• Texas Legislature must publish journals.
• State senates in U.S. range in size
• 20 in Alaska to 67 in Minnesota.
• Texas Senate has 31 Members, each representing
  about 673,000.

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Legislature characteristics

• State houses in U.S. range in size
• 40 in Alaska to 400 in New Hampshire.
• Texas House has 150 Members, each representing
  about 139,000.

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Redistricting

• US Constitution makes States responsible for
  redrawing their own political boundary lines.
  Thus, Texas Legislature is responsible for
  redistricting all Texas U.S. House, Texas state
  Senate and state House districts. Partisan
  gerrymandering (different in some other states)!

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2000 Census

• 2000 US POP 281,422,000.
• US House(435) 1/646,947 Texas has 32
  districts.
• 2000 TX POP 20,851,820. (2005 22.8 million)
• TX House(150) 1/139,012 or TX Senate(31)
  1/672639
• 2010. What is at stake?

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Redistricting

• Baker v. Carr 1962,
• Tennessee apportioned both houses -- but for 6
  decades refused to redistribute districts while
  population shifted from rural to urban. Too few
  legislators represented urban constituents.
• SC stated that voters have right to challenge in
  Federal Court the way state legislatures allocate
  legislative districts.

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Redistricting

• Reynolds v. Sims 1964, SC applied "one person,
  one vote principle to all state legislature
  districts. Must have roughly equal population.
• Wesberry v. Sanders 1964, SC stated one mans
  vote in national congressional elections is worth
  as much as anothers and that districts must be
  equal in population.

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Redistricting

• Davis v. Bandemer 1986, stated that excessive
  partisan gerrymandering may be unconstitutional
  if too unfair to one party.
• Thornburg v. Gingles 1986, SC decision required
  that legislative district lines not discriminate,
  even unintentionally, against racial minorities.
• Permission to design districts in which
  minorities constitute a majority of voters
  wherever residence patterns made this feasible.
  Majority minority districts.

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Pay

• All Texas Senators, Representatives and the
  Speaker and Lieutenant Governor are each paid
• 7,200 gross per year.
• After deductions for taxes, insurance,
  retirement, Members receives about 350/month.
• Costs 1,303,200/yr.
• If raise pay to 50,000/year would cost
  9,050,000/year small fraction of 139B budget.
• NO other large state sets pay so low, except NH.

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Pay

• Texas voters will not vote for decent salaries
  because view Members as amateurs scalawags.
• But entrust 171 billion budget important
  policy to the ONLY elected representatives from
  their communities who can solve their problems.
• Permit outside employment.
• Voters seem oblivious to detrimental effect on
  legislation that impacts us all.
• Top staff were limited to 42,000/year but
  Speaker removed.

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Members

• Must have other full time jobs cannot live on
  350/month!
• Often hired by interest groups with issues B/4
  Legislature ... to buy legislators like charms on
  a bracelet!
• And hire family (Enron Wendy Gramm 1.8m), or
  insurance agent senator suddenly gets new
  policies commissions.

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Legislative salaries vary in 2008

• 116,208 California
• 79,500 New York
• 79,650 Michigan
• 69,647 Pennsylvania
• 57,619 Illinois
• 53,380 Massachusetts
• 56,261 Ohio
• 49,000 New Jersey
• 45,569 Wisconsin
• 38,400 Oklahoma
• 31,932 Florida

• 34,800 Delaware
• 33,556 Washington
• 31,561 Missouri
• 31,509 Maryland
• 31,140 Minnesota
• 30,000 Colorado
• 65,000 Virgin Islands
• 60,000 Puerto Rico
• 7200 Texas
• 100 New Hampshire
• 0 New Mexico only mileage a per diem.

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The Buying of Legislators
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Per diem

• Amount allowed by IRS for business travel,
  lodging, meals, when Member in session.
• State pays each 168/day in 2009 5,040/mo
  23,520 for 140 day/4.6 month session.
• It is against the law to buy real estate with
  campaign contributions or per diem, but one
  clever Republican senator had his real estate
  wife buy a 238,000 condo across from the capitol
  (in her name), then he used this money to make
  rent payments to his wife (both lived there),
  paid off the loan with this money, then sold the
  condo and deposited the profits into their joint
  checking account. For details go to the ABC
  hyperlink
• http//www.wfaa.com/video/index.html?nvid286266s
  hu1

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Campaign fundraising

• As of 2005, no contributions during regular 140
  session. Bo Pilgrim once presented 35,000 checks
  to Members B4 vote.
• Fund raise before or after session with no
  limits. Craddick raised 1 million the month
  before he took over as speaker of the Texas House
  of Representatives last January. Then he added
  another 1.1 million after the legislative
  session ended in June. (State Sen. John Whitmire,
  Houston-area Democrat, raised 2.1 million). No
  special session prohibitions on fundraising!
• Gifts awards if reported.
• Dallas State Representative gift from special
  interest not detailed on report.
• Trips ok if educational or fact finding.
• See Texans for Public Justice, Center for Public
  Integrity, Common Cause watch dogs for their
  views of campaign contribution other conflicts
  of interests.

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Money in politics?

• The question is what do we legally allow
  interest groups, lobbyists, individuals,
  decision makers to do? Is bribery ok? No, is a
  felony crime. Why?
• Is it right that a wealthy individual, in the
  name of free speech can influence an elections
  outcome because he has the financial ability to
  do so?
• Consider Republican contributors James Leininger,
  San Antonio who spent 2.5 million on 5 Texas
  state legislative races, and homebuilder Bob
  Perry, Houston, spent 3.8 million on state
  legislative races because each individually
  wanted specific policy enacted. (Perry wants tax
  money to go to Christian schools).
• 2008 2 coal companies sued each other in West
  Virginia. One side spends 3 million on judge
  races, elected friend to Supreme Court, who then
  provided crucial decision in his favor to win
  50 million against other company. Bought judge
  refused to recuse self.
• They were able to elect the right legislators
  and defeat the wrong ones. Can you do that?
  Unfair influence not matter who does it?
• So how do we protect those speech rights
  adequately while preventing actual or
  perceived corruption to protect the people and
  to ensure honest government?

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Retirement

• Pensions are tied to the salaries of state
  district judges, so anytime the Legislature
  improves the judges' pay(152,500 in 2009), it
  improves the benefits that accrue to the "elected
  class. Get 2.3 of state judges salary for
  every year of service.
• 40 years of service equals 115,000 plus full
  health care in retirement or about 16 times his
  annual salary (7200).
• Full benefits at age 50 with only 8 years of
  service yield 23,000 per year in retirement plus
  full health benefits.
• A retired teacher who spent 30 years in the
  public schools and earned a top salary of 40,000
  would get only 27,600 annually.
• They argue helps compensate them for the many
  years they worked full time for next to nothing
  part-time pay.
• Depending on the payout option a retiree chooses,
  benefits could be passed along to survivors at a
  reduced rate after the retiree dies.

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Cost of Campaigns to win office?

• Texas senate district costs minimum of 562,000
  and as much as 2 million.
• Texas house district costs minimum of 157,000
  and as much as 300-400,000.

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Speaker Straus Takes Oath
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Texas House of Representatives

• 150 Members, who each must be
• U.S. Citizen
• 21 years old
• Texas resident for 2 years district 1 year.

• House floor gallery

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Term Office Budget

• Representatives serve 2 year terms
• Office expenses 11,750/month budget (2008)
  office, postage, staff salaries.
• Effect is can hire few staffers to man both
  district capitol offices. Staffers are very
  busy with case work, causing the Member to rely
  on lobbyists for research.
• Legislative Council has small legal staff and
  many more requests than can handle.

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House Speaker

• Speaker is the presiding officer of the House.
• Elected Representative from a district who is
  then elected by 76 of 150 House Members. 2nd
  Tuesday in January of odd years. Campaign
  pledge cards. Public vote! Jan 2003 Rep Lon
  Burnam only to vote against! El Paso rep. 2007
  fight Pitts v Craddick (121 27).
• Secret ballot norm until 1935 but used only 4
  times to 1963. Since then, the vote has been open.

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House Speaker

• Requires Members to 1st pass House Rules before
  creating committees assigning Members to
  committees the choosing all chairs vice
  chairs. Do not vote against!
• Refers all legislation to committees.
• Maintains order

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House Speaker

• Recognizes Members wishing to speak.
• Rules on procedural matters.
• Must sign all bills resolutions.
• May vote on any issue.

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Ability to Keep Power!

• Speaker Billy Clayton served 4 terms 1975-1983.
• Speaker Gib Lewis served 5 terms 1983-1993.
• Pete Laney has served 5 terms 1993 to 2003.
• Tom Craddick elected 2003 as 1st Republican since
  Civil War deposed humiliated in 2009 by
• Freshman Joe Straus (Republican) 2009
• An extraordinary tale of intrigue by 11
  revolutionary Republican dissidents.

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Speaker Lewis
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Speaker of the US House
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Presiding Officers

• Speaker and Lt. Governor are the most powerful
  politicians in state.
• Can decide if legislation will live or die!
  Absolute veto power! No override!
• No matter how badly others want it, including
  Texas weak governor.

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Presiding Officers

• These leaders have influence over others Members'
  decisions and interest groups.
• These leaders have ability to raise huge sums of
  campaign contributions and to steer interest
  groups to support candidates he favors and to
  oppose others.

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LBB

• Leaders chairs the LBB (Legislative Budget
  Board).
• Speaker Lt. Gov alternate as chair and vice
  chair.
• They appoint 4 Members each decide all spending.

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Texas House Taxes

• Why must all tax bills originate in the House?

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Impeachment Accusation

• House impeachment responsibilities are to accuse
  by simple majority vote!

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Texas Senate Floor
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Texas State Senate

• 31 Members of Texas Senate must be
• U.S. citizens
• 26 yrs old
• Texas resident for 5 years
• Resident of district for 1 year.

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Senate

• Members have 4 year terms of office
• Unlimited office expense budget. Why?
  37,000/month for staff salaries travel.
• Public, interest groups, and lobbyists protested
  bigger staff budgets. Why?

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Lt. Governor

• David Dewhurst how got there?
• Lt. Governor is the presiding officer of the
  Senate, is not a Senator, and is elected
  state-wide like the Governor.
• Requires Members to 1st pass Senate Rules before
  creating committees assigning Members to
  committees the choosing all chairs vice
  chairs. Do not vote against!
• Sen. Mario Gallegos, D-Houston, is president pro
  tem

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Lt. Governor

• Appoints all committee chairs members who
  control legislation.
• Recognizes senators wishing to speak, which
  determines order of legislation.
• Makes all major decisions regarding legislation
  its flow.
• Rules on procedural matters.

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Lt. Governor

• Must sign all bills resolutions
• Vote in case of tie

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Lt. Governor

• Lt. Gov. Bill Hobby, 1973-1991
• Lt. Gov. Bob Bullock, 1991-1999
• Lt. Gov. Rick Perry, 1999-2001
• Lt. Gov. Bill Ratliff, 2001-2002
• Lt. Gov. David Dewhurst, 2003-
• Only Texas Georgia give Lt. Govs with
  significant role in legislative process.
• In California, Michigan, Pennsylvania Lt.
  Govs can only cast vote to break a tie.

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Lt. Governor

• 27 states use Lt. Gov to preside over Senate with
  no real power, like the VP.
• Lt. Govs of New York, Florida, Illinois Ohio
  have no legislative duties at all.
• 8 states have no Lt. Govs
• Republican Texas state Senator David Sibley says
  century old tradition of allowing Lt. Gov. to
  control legislation has to go.

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Lt. Governor Hobby
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Senate

• Advise consent responsibility on all governor
  appointments to boards commissions.

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Impeachment

• Civil political trial only does not preclude
  criminal charges in court.
• Feared Legislature politically motivated, send to
  jail death because of disagreements.
• 1649, Parliament removed Charles I and chopped
  off his head.

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Impeachment Trial

• Jim Ferguson. House voted 21 articles of
  impeachment
• Senate convicted on 10.

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Impeachment Trial

• Requires Senate conviction only by 2/3 present of
  quorum. Only punishments
• (1) remove from office
• (2) disqualify person to hold another office.
• Civil only does not preclude criminal charges
  in court. Ferguson removed and barred from ever
  holding office ran wife for governor to get
  around it!

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Legislative oversight

• Legislature reviews rules regulations of
  administrative agencies. Audits agency
  expenditures to make sure legally spent.
• Sunset Act 1977
• Sunset Advisory Commission

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Texas Legislature Reform

• Annual sessions call self into special sessions
  when needed, like impeachment decide agenda.
• Increase pay such as average 50,000 pay
  eliminate outside employment. Time spent is to
  serve best interest of district constituents, not
  his employer.
• Increase staff to reduce reliance on lobbyists.
• Reduce turnover to increase Member expertise to
  counter lobby influence.
• Increase committee budgets and professional staff.

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Gross product for 2009

• Texas Gross state product about 1.244 trillion.
• Texas as a nation would be an economic power, yet
  has such limited government.
• USA gross national product about 10.5 trillion.

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Forms of Legislation

• Bills are statutory proposals
• introduced passed.
• Must pass in House and Senate, and be signed by
  governor
• Sample is HB72 or SB4, and found in Vernon's
  Statutes

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Resolutions

• Resolutions are not bills, but have force of law.
  Used to express collective will of Members.
  They are proposed adopted.
• Simple resolutions require action by one house.
  Sample is HR12 or SR62. Purposes include to
• adopt rules provide Legislature finances
• express congratulations, birthday greetings, or
  condolences
• allow non-member to speak on floor.

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Forms of Legislation

• Concurrent resolution require simple majority in
  both houses, and signature by governor. Sample
  is HCR7 or SCR22. Purposes include
• making joint legislative rules that effect both
  houses, like adjournment.
• giving someone permission to sue the state of
  Texas
• asking Congress to do something.

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Forms of Legislation

• Joint resolutions require action by both houses.
  Governor not involved. Sample is HJR134 or
  SJR50. Purposes include
• to propose a state constitutional amendment by
  (2/3) vote of total membership, (all others by
  simple majority), or to ratify a U.S.
  Constitutional amendment, or
• to request a state constitutional convention.