The Texas Legislature

1
Chapter 3

• The Texas Legislature

http//www.legis.state.tx.us/
2
Texas Legislature in Context

• Bicameral (two chambers) House and Senate
• Population size of legislative districts must be
  roughly the same Reynolds v. Sims (1964)
• Biennial regular session (140 days every other
  year)
• Governor may call thirty-day special session(s)
  and set session agenda/topic
• Currently, 83rd TX Leg in session (Jan. 8, 2013)

3
Typologies of State Legislatures

• Citizen legislaturePart-time salary and job
  requirements desire is to prevent
  professionalization of politics
• Professional legislaturesFull-time salary and
  requirements
• Texas considered a hybrid
• Only 140 days of every 730 (two years) are in
  session
• Low annual salary just 7,200 per diem of 139
  each day attended total 33,680 for 2 yrs, avg
  16,930
• Generous retirement benefits

4
Qualifications for Office and Length of Terms
House of Representatives Senate
Age 21 26
State residency 2 5
District residency 1 1
Term 2 years 4 year
Members 150 31
5
Elections

• Elections held every 2 yrs
• Senate staggered ½ each election, except after
  redistricting which requires whole Senate
  re-elected. Lottery determines who goes on 2 yr
  vs 4 term
• No term limits in either chamber
• Incumbency rate 80
• Need sufficient monies to win
• Primary election often more important than
  general election in Nov.
• http//www.laits.utexas.edu/txp_media/html/part/fe
  atures/0400_02/slide1.html for incumbency graph

6
Theories of Representation

• Delegate Theory follow constituents'
  instructions over personal beliefs
• Trustee Theory faith that rep do the right
  thing as has more info than voter
• The Politico Approach get me reelected
• Microcosm Theory legis mirrors demographics of
  whole population

7
(No Transcript)
8
Electing the State Legislature

• Single-member district - only one person per
  office elected
• Adv minorities impact elec outcome more
• Plurality the most
• Majority 501
• SMDP versus SMDM
• SMDP used for General Election
• SMDM used for primaries (TX legis, US HR US
  Sen, local officials)

9
New Numbers New Maps

• Redistricting state redraws district based on
  new US census data
• One person, one vote necessary numerical
  equality, contingency, and compactness
• Gerrymandering drawing district lines to favor
  one party/group over another
• DOJ approves new maps to ensure no racial
  discrimination

10
Gerrymandering
11

• Who
• wins?

12
Legislative Organization

• Chamber Leadership
• Lieutenant Governor (Senate elected by voters)
  and Speaker of the House (House selected by
  members)
• Powers include assigning members to standing
  committees, appointing committee chairs, and
  serving on the Legislative Budget Board (LBB)
• Party Organization
• Party caucuses versus Special caucuses

13
Legislative Organization (cont)Committees

• Standing committees permanent, House and Senate
  exclusive formal work groups that typically exist
  across sessions and across elections specific
  topics
• Select committeestemporary work groups created
  by the presiding officers of each chamber for a
  special purpose also called joint committees
• Interim committeeslegislative work groups
  created in between sessions to address specific
  problems and to research specific issues
• Conference committeesas part of the legislative
  process, empanelled to reconcile House and Senate
  versions of a bill
• Calendars committee all members selected by the
  Speaker controls scheduling of bills in House

14
Legislative Process

• Bills versus resolutions.
• Public hearings, committee debates, mark-up
  sessions, and amendment opportunities precede the
  standing committees final vote on the bill.
• Each chamber is able to conduct floor debate.
• Senate filibuster limited to one senator only
  no teams or yielding and no cloture to stop
• A bill passed by each chamber (an enrolled
  bill) is considered by the governor.
• In Texas, the governor has a variety of choices
  when responding to a bill

15
Readings

• Bill must be approved after 3 readings in the
  house and senate
• 1st reading referral to committee
• 2nd reading prior to floor debate vote
• 3rd reading prior to going to other house, read
  and vote again

16
Approval

• Exactly verbatim in both versions of bill, House
  and Senate
• If not exact, then goes to conference committee
• Members selected by House (5 members) and Senate
  (5 members)
• To pass, must receive 3/5 of House members and
  3/5 of Senate members
• Not 6/10 as doesnt equally represent each house.

17
Governors Action

• Sign bill into law effective in 90 days
• Sooner if appropriations or emergency legislation
• Nothing, and it becomes law after
• 10 days if legis in session or 20 days if not in
  session
• Veto whole bill
• Override by 2/3 legis if in session
• Line-item veto for money items
• Role of Comptroller must certify that adequate
  revenues available for any expenditure of funds

18
Weird Texas words

• Tagging way for 1 senator to kill a bill by
  delaying hearing on bill for 48 hours
• Bracketing wording bill so that only one
  specific locale is effected
• Ex. any city with over 3 mil. ? Houston
• Pre-filing allowing bills to be filed after
  Nov. election and prior to start of session
• Sunset Advisory commission state agency that
  evaluates and recommends whether a state agency
  should be continued or abolished.
• Sunshine laws Open public meetings laws
  applies to all govtl entities including HOAs