Government 2

Chapter 5

The Texas Legislature

The Structure and Organization of the Texas Legislature

· Texas constitution makes the legislative branch the most powerful one in Texas government – versus the executive / governor being the most powerful.

· They did this by:

· Strong legislative branch and gave them the power to develop the state budget

· Power of executive branch was distributed among several individuals – including a lieutenant governor separate from the governor.

· This resulted in a strong legislative branch.

· What does the legislature do?

· Enact laws

· Create budget for state

· Oversees state agencies

· Represents constituents

· What is a bicameral legislature? Legislature with two chambers.

· Texas has a two chamber legislative branch.

· This is just like the US Government.

· Texas has a House of Representatives and a Senate.

· Note that all states except one have a two chamber legislative branch- which state has just one? Nebraksa.

· Texas House of Representatives – what are some characteristics of it?

(1) www.house.state.tx.us

(2) 150 members in the Texas House.

(3) Average district population = 139,000

(4) Term length = 2 years

(5) No term limits.

(6) Minimum age to serve = 21

(7) Residency requirements = US citizen, qualified voter, Texas resident for 2 years, district residency for 1 year

(8) Salary = $7,200 + $190/day when in session

99 Republicans

50 Democrats

1 independent

· Texas Senate – what are some characteristics of it?

(1) www.senate.state.tx.us

(2) 31 members in the Texas Senate.

(3) Average district population = 672,000

(4) Term length= 4 years

(5) No term limits.

(6) Minimum age = 26 years

(7) Residency requirements = US citizen, qualified voter, Texas resident for 5 years, district resident for 1 year

(8) Salary= $7,200 + $190/day when in session

29 Republicans

12 Democrats

· For any action to take place in the Texas legislature, both chambers must agree to it. This is just like the US Government.

· Elections for Texas legislators:

(1) Senate staggers its terms so roughly half are up each election. Note that every decade when new district lines are redrawn that means everyone has to re-run since the whole state has been reapportioned – districts do not remain the same in any district because of population growth and shift in district lines. So everyone is not up at once after this senators are randomly reassigned to run after 2 or 4 years.

(2) Incumbency reelection rates are very high in Texas.

· Texas legislature is a part-time legislature

· What is a biennial session? Legislative sessions held once every two years.

· The constitution in Texas limits the legislative sessions to only 140 days every two years.

· They meet in regular session during odd numbered years.

· What are arguments in favor of biennial sessions?

(1) Limits government activity.

(2) Gives legislators time to pursue other professions.

(3) Gives legislators time to stay in touch with constituents.

(4) Saves the state large costs of holding annual sessions.

(5) The authors of the Texas constitution wanted limited government and thought a full time legislature would cause mischief.

· What are the arguments again biennial sessions?

(1) A 19th century concept is totally out of date in the 21st century.

(2) Legislators are crushed for time when they meet.

(3) Budgets have to be made more than 2 years in advance for each session.

(4) There is no one there to oversee the administrative actions to carry out many of the decisions made during session.

(5) You have part time legislators but full time lobbyists working when legislators are not.

· What is a special session? A legislative session called by the governor to address specific issues determined by the governor.

(1) Special sessions last a maximum of 30 days.

(2) Content of special sessions are determined by the Texas Governor and the legislature can only consider the special issues identified.

(3) Special sessions are rare

· Ann Richards called only 2 special sessions in her 4 years – both to resolve issues of school funding.

· George W. Bush never called a special session.

· Rick Perry called for 9 special sessions:

· 3 for redistricting issues in 2003

· 3 for educational finance issues in 2006

· 1 for school finance reform in 2006.

· 2 for the recent abortion bill

· Compare salaries of state legislators:

(1) California legislators make $116,098 per year.

(2) New York legislators make $79,500 per year.

(3) Texas makes $7,200 per year + $150/day when in session.

· What do you think of the salary of the Texas legislators – why is it low compared to other large states?

(1) Texas legislators meet only part time

(2) Lower salary structure promotes a “citizen’s legislature” where there are no financial incentives to stay in the legislature as a career but you are motivated by altruistic desire not money.

(3) Most think that this means the legislators actually do more good because they live the life of all citizens – working a full time job and having the same finances as other state citizens.

Responsibilities of the Texas Legislature

· What responsibilities does the Texas Legislature have?

· Primary responsibility = to enact laws.

· Other responsibilities?

(1) Represent their constituents when voting on legislation

(2) Legislative oversight – they oversee the spending of executive agencies

(3) Regulate the ethics of the legislative branch

(4) Power of impeachment

(5) Power to oversee the reapportionment of district lines every 10 years

(6) Power to propose constitutional amendments.

Let’s talk about some of these in more depth….HOW SHOULD YOUR LEGISLATORS DECIDE HOW TO VOTE?

· Representation of Constituents

· Just as in the US System – legislators have to decide whether to vote how they think is best for the state or if it is different – to vote how their constituents want them to vote.

· What is an instructed delegate? A legislator who votes on legislation as a majority of his or her constituents would want him to vote.

· Examples of how Texas legislators would be influenced to vote?

· Legislator from Rio Grande Valley would vote to promote Texas citrus products grown in their district since that is their big industry.

· Legislator from Fort Hood in central Texas would vote on things that would promote military bases since that is their big industry.

*In the 200l legislative session a representative from a rural area sponsored legislation to bring the internet to rural areas – legislators from Houston voted against that legislation because they are not from a rural area. All legislators were acting as delegates.

· What is trustee representation? A style of representation in which a legislator votes on a particular issue in a way that benefits the state as a whole but might be against the majority of what his constituents would want.

Example: votes to increase the sales tax.

· Power to Make Laws

· Main function of the Texas legislature is to make laws and adopt a budget.

· What does the legislature write laws about? Examples?

(1) Criminal law

(2) Building of state highways

(3) Education of children in Texas public schools

(4) Allocation of Texas welfare benefits

· State budget passed in 2014/2015 = $94.6 billion

· How a bill becomes a law in Texas?

· Very similar to US process

· PLAY ON YOUTUBE: School House Rock

· But because of limited time in session there is more of a sense of urgency to get it done.

· Bill Introduction

· Any member of the House or Senate may introduce a bill.

· Bills sometimes come from a special committee of some kind that meets out of session and it grows from there.

· Texas Legislative Council – an organization that provides technical and research services to members of the legislature and can be used by all legislators – they can help drafting a bill since they are there all the time.

· Some bills are introduced in the House and Senate at the same time by partners working together.

· Timing of introduction is key since you have at most 140 days to get it through. So early in the session is best time to introduce.

· Any bill that raises revenue or increases taxes must start in the lower chamber first – which is the House of Representatives.

· Most bills require consent of at least four-fifths of the members of the House and Senate.

· After a bill is introduced it goes to the presiding officer of either the House or Senate and that person assigns it to a standing committee.

(2) The Committee Process

· Committee chairs work with their committee and the presiding officer to determine which bills will be priorities on the agenda.

· Committees is where the bills are scrutinized.

· Committees can hold public hearings, draft changes to the initial legislation, debate the merits of the bill.

· After considering a bill the committee can do what?

· Choose to take no action

· Recommend against passing the bill

· Report favorably on the bill for consideration by the whole chamber.

· The committee report is made available to all legislators.

· If a committee recommends a bill it is then scheduled for consideration.

· In the House the committee report goes to the Committee on Calendars or the Committee on Local and Consent Calendars.

· In the Senate most bills are scheduled by the full senate in the order in which they were reported by committees. Local and non-controversial bills are scheduled by the Senate Administration Committee.

(3) Floor Action

· Once the bill comes back to the House or Senate it gets a second reading before being considered by the full chamber.

· Any member can offer an amendment but it has to be approved by the majority of the members present to be adopted.

· In the Senate there is no limit on debate and the Senators can seek to have a bill killed by a filibuster – just as in the US Senate.

· Filibuster:

· During a filibuster, a senator is limited to topics relevant to the bill being discussed and cannot eat, drink or use the restroom during the speech.

· The rules also prohibit sitting or leaning on a desk or chair under any circumstances when the senator has the floor and is speaking on the bill or resolution.

· Filibusters end either when the senator voluntarily yields the floor or after three violations of the rules for decorum and debate.

· After the third violation, the Senate can vote on a point of order, which if sustained would force the senator to yield the floor, according to the Legislative Reference Library of Texas website.

· Wendy Davis Filibuster:

· On June 25, 2013 performed an 11 hour filibuster to try and block the passage of SB 5 re more restrictive abortion restrictions.

· Filibuster ended 3 hours before midnight when republicans called for a vote that she had violated rules 3 times.

· The vote went on after midnight re did she or did not have 3 violations SO the bill was considered dead.

· Then Governor Rick Perry called two back to back Special Sessions of the Legislature and it was signed into law in July 2013.

· The quote: “Wendy Davis won the battle but Rick Perry won the war.”

· After any amendments it is given a third reading – at this point if there are any more amendments proposed then 2/3 majority have to approve the amendment.

· Then there is a final vote.

· In the Senate because it is larger they have voting buttons that come up on a voting board.

· In the House because it is smaller they do a voice vote by calling the roll of the members.

· When a bill is passed in the chamber where it originated then it goes to the other chamber for consideration. It follows the same steps it followed in the originating chamber.

· If the bill is returned to the originated chamber without amendments then it is put in final form, signed by the Speaker of the House and lieutenant governor and then sent to the governor.

(4) Conference Committee Action

· Bills that are returned to their originating chamber with amendments require further action.

· The originating chamber can either agree with the amendments passed by the second chamber or request a conference committee to work out the differences between the two versions.

· What s a conference committee? A temporary committee created to work out differences between the House and Senate versions of a specific piece of legislation. 5 members of each chamber appointed by the presiding officers.

· Conference committee reports have to be approved by at least 3 out of 5 people from each chamber on the committee and have to be approved without any further amendments by both chambers to get to move forward.

(5) Governor’s Action

· When the governor receives a bill he has 10 days to sign it, veto it, or allow it to become a law without signature.

· If the governor vetos a bill and the legislature is still in session then the bill is returned to legislature with an explanation of why the governor vetoed it.

· 2/3 majority in each chamber is required to override a governor’s veto.

· If Governor does nothing then it becomes a law.

· 84th Texas Legislature / 85th Texas Legislature

· Laws passed in 84th Legislature

· Power of Legislative Oversight

· What is legislative oversight? A Committee’s investigation of government agencies to ensure they are acting as the legislature intended – includes accounting oversight.

· There is accounting oversight

- Making sure money was spent how it was supposed to be spent according to the law.

· There is policy oversight.

· Attempt by legislators to determine if the laws they passed are working.

· Generally oversight is thought to be incomplete and not done as well as it could because the legislature is only in session 6 months every 2 years.

· How does the legislature keep a check and balance on the state agencies?

(1) Legislative Audit Committee – committee that performs audits of state agencies. Any entity receiving funds can be audited in multiple ways – i.e. financial audit, compliance audit, economy and efficiency audit, effectiveness audit, special audit.

(2) Sunset Advisory Commission – committee that evaluates the need for more than 150 state agencies on a 12 year cycle to determine if the agency should be renewed, changed, or have its “sunset.”

· Power of Impeachment

· Texas legislature can impeach the governor, other high up officers, and judges.

· Similar process at state level as in national level.

· Impeachment – the formal bringing of charges against a public official.

· How is the process done in Texas?

(1) Majority vote in the Texas House of Representatives to bring charges.

(2) A trial takes place in the Senate and 2/3 majority of the senate is required for conviction.

· One Texas governor has been impeached – in 1917 Governor James E. Ferguson was impeached and removed from office for 21 counts of mis-using public funds.

· Power of Reapportionment

· Must take place every 10 years following each US census.

· Districts need to have an equal population after redistricting of lines is complete. This is per a US Supreme Court decision holding it so.

· The legislature is given the power of the redistricting in Texas.

· Gerrymandering – what is it?

(1) Redrawing a congressional district to intentionally benefit one political party.

(2) It is a constant and unavoidable part of the redistricting process.

· Redistricting Process

(1) How the boundaries of political districts are redrawn after a census is significant because WHY?

· Which redistricting plan is chosen impacts which political party may win

· Whether incumbents will find it easy or hard to win – if they have tons of new constituents they may find it very difficult

· Whether there will be minority representation in the legislative bodies

(2) Republicans may want the plan drawn one way and Democrats the other.

· This is a difficult process – in 2003 he Texas legislature called 3 different special sessions to try and accomplish the redistricting.

· Power to Propose Constitutional Amendments

· 2/3 of BOTH the House and the Senate have to vote to approve the Constitutional Amendment.

· Then the Constitutional Amendment goes to the Texas voters during the next general election and a MAJORITY of voters have to approve it.

Presiding Officers

· Leadership in the Texas Legislature

· Compared to the US Congress, the Texas legislature is really dominated by the two chamber leaders.

· What are the names of the two chamber leaders in Texas?

· Speaker of the House = presiding officer over the Texas House of Representatives.

(1) Elected by the members of the House at the start of each session.

(2) Current = Joe Strauss from San Antonio.

· Lieutenant Governor = the second in command in Texas and this person serves as the presiding officer over the Texas Senate.

(1) Elected by the citizens of Texas on the general election ballot.

(2) Current = Dan Patrick

(3) No term limits.

· The two chamber leaders are full time legislators and have a large staff who work full time.

· In contrast, part time members of the legislator have minimal staff, if any, so have a hard time combating the agenda of the full time chamber leaders who are full time and have extensive staff.

· In the US Congress the leaders of the chambers may delegate certain action items to lower members of their party.

· In contrast, in Texas, because they only meet 140 days every 2 years, these two chamber leaders rule with an iron hand and have to keep them on track – so legislation they are not interested in may not make it to the floor at all.

· Committees in the Texas Legislature

· In the US Congress, membership into certain committees can depend on your seniority and party affiliation.

· In contrast in Texas, the chamber leaders determine who gets on what committee – so personal relationships and loyalty to that person play a role. Their good pals can find themselves on the more exciting committees and political enemies on those committees that are considered less important.

· But committees in Texas are not organized around party lines as much as in US politics – so a Republican can be asked to lead a committee even thought the Democrats have the majority of the members at that time.

· Unlike the US Congress that is a highly charged political body – the Texas legislature is not considered to operate only on party affiliation – it is more about personal relationships. Examples of committees they appoint:

· Ad Hoc Committee – special committees appointed to address a specific policy problem. Example: key players in the Texas prison system get together to discuss and iron out Texas prison policies.

· Interim Committee – committees that meet inbetween session to work out issues on a bill. Example: school funding issues or educational requirements for testing of students. These committees are very powerful in setting the agenda for the next legislative session because they are meeting out of session.

· The Texas Budget

· Legislative Budget Board – the legislative board authorized to draft the proposed budget in Texas.

· The Texas Lieutenant Governor is the leader of this committee – so imagine that he or she has considerable power in Texas.

· In the United States, the President’s office of Management and Budget drafts the proposed budget.

· Two-Thirds Rule – rule in the Texas Senate that prevents any legislation from being considered for debate unless two-thirds of the members vote for consideration.

(1) This means that the Lieutenant Governor – as the presiding officer – and 11 other senators can keep a piece of legislation from being considered.

(2) Any 12 senators can block a piece of legislation – it is just that the Lieutenant Governor “holds the gavel” and sets the agenda so he has considerably more power.

· The Influence of Lobbyists

· “Sharpstown Scandal” – a bribery scandal in the Texas legislature in 1971.

· “Dirty Thirty” – a group of legislators who brought modern ethics to the Texas legislature after the Sharpstown Scandal.

· Main thing to know:

(1) Prior to 1971 the lobbyists were on the floor of the House and directly influencing how votes were cast. Many legislators relied directly on lobbyists regarding how to vote. And lobbyists were by in large former legislators themselves.

(2) Post 1971 – lobbyists are no longer allowed on the floor of the House and members of the Speaker’s staff cannot take lobbyist jobs once they leave state government.

(3) There are now laws in place regarding disclosure of campaign finance funds and laws requiring lobbyists to limit their activities in the Texas chambers.

· Current Texas Legislature -

· Texas Legislature meets 2nd Tuesday in January of odd numbered years.

· 85th Texas Legislature session: January 10 2017 – May 29, 2017

· What were some big topics in the 84th Texas Legislature?

(1) General Appropriations Bill.

(2) Handguns on college campuses.

(3) Sale, distribution, laws on e-cigarettes

(4) Elimination of daylight savings time in Texas

· Big agenda items for the 85th Texas Legislature:

· Raising legal age of prosecution as adult in Texas – from 17 to 18

· Reforming the CPS System

· Mental healthcare for inmates in Texas prisons

· Should Texas prisons be privately owned OR owned by the government?

· School finance – reform and private school vouchers

· Ban of fracking

· Legalization of marijuana – medical and./ or recreational

Calendar of Events for 84th Texas Legislature:

http://www.tlc.state.tx.us/dates/dates%20of%20interest.pdf

· Bills that have been introduced in 85th Texas Legislature

https://legiscan.com/TX/legislation?status=introduced