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Texas Politics Today, 19e

Chapter 7: The Legislature

Chapter 7 Learning Objectives

By the end of this chapter, you should be able to:

LO 7.1 Describe the limits on the Texas Legislature, and evaluate the concept of the “citizen legislature.”

LO 7.2 Analyze the selection of Texas legislators, their qualifications, and the impact of campaign financing and redistricting on elections.

LO 7.3 Analyze the powers of the legislature and its presiding officers.

LO 7.4 Analyze legislative processes, the committee structure, and how a bill becomes a law.

LO 7.5 Analyze the nature and evolution of ideological polarization in the Texas Legislature.

LO 7.6 Apply what you have learned about the Texas Legislature.

Class Activity: Why Does Representation Matter?

What do you expect from a legislator?

In your opinion, what are the most important qualifications of a legislator?

What is least important?

Discuss the role of legislators and the public’s expectations of them. Ask students to discuss their own personal expectations of legislators, whether they know who their legislators are, and the qualities they believe are most important to a legislator. Inform students that later in the lecture, they will get an opportunity to research their representatives in the Texas Legislature.

The Limited Legislature

Legislative Terms and Sessions

House members serve 2-year terms.

Senators serve 4-year terms.

No term limits

“Citizen” part-time legislature

Biennial sessions

140-days

Legislative Salaries and Compensation

$7,200 base salary

$224 per diem

Legislative Staff

Over 2,000 full-time and part-time legislative staff

Staff located in Austin, and in home districts

The Texas Legislature is limited by its 140-day, biennial sessions. Texas legislators are among the lowest paid in the nation.

Electing Legislators: Qualifications

Texas Senator

A state senator must be a U.S. citizen, a qualified voter, and at least 26-years-old.

A senator must have lived in the state for the previous five years, and in the district for one year before being elected.

Representative in Texas House

Representative must be a U.S. citizen, a qualified voter of the state, and at least 21-years-old.

A representative must have lived in Texas for the two previous years, and in the district for one year before being elected.

On the surface, becoming a senator or representative in the state would seem relatively easy, but a successful candidate for the legislature must have certain qualities to be elected. These qualities, discussed in the next few slides, could be considered “informal” or “unofficial requirements” to win the election. Most important is the ability to raise money and to appeal to those who are willing and able to contribute to campaigns.

Qualifications (1 of 3)

Party

Until the late 1980s, the Democratic Party was dominant.

Today, the Republican Party dominates the legislature.

Campaign Funding

Fundraising is important to the ability to run for office.

Incumbents tend to have a fundraising advantage.

Ethnicity/Race

The majority of Texas legislators are white.

Racial and ethnic diversity is increasing.

While the Democratic Party controlled Texas politics for many years, today the Republican Party dominates the legislature and Texas politics. The increasing costs of campaigns contributes to an increasing importance of money in the election of the legislature. Incumbents have a fundraising advantage over their opponents.

The legislature is becoming more diverse. Even still, the legislature has a majority of white legislators and this does not reflect the racial and ethnic makeup of the state. Texas is a state with a minority majority.

Qualifications (2 of 3)

Gender

The majority of the Texas legislature is male.

In 2021, the legislature had the highest number of women.

LGBTQ

The legislature had its first openly gay member in 1991.

Today, there are 5 LGBTQ members in the legislature.

There is also a LGBTQ caucus.

The majority of legislators are male and older (over 50 years of age). There are also a growing number of LGBTQ members of the legislature.

Qualifications (3 of 3)

Education

The legislature is one of the most educated bodies in the United States.

More than 93 percent hold at least a bachelor’s degree.

More than half (57 percent) have earned advanced degrees.

One-third of legislators are attorneys.

Age

The average representatives is 54 years old.

The average age of senators is 60.

Under 2 percent of the legislature is younger than 35.

The Texas Legislature is one of the most educated bodies in the United States. Members tend to have backgrounds in law and business.

Geographic Districting (1 of 3)

Members are elected from single-member districts.

The legislature is responsible for drawing the districts.

When the legislature is unable to agree upon on a redistricting plan, the Legislative Redistricting Board (LRB) redraws district lines.

Members of the LRB are ex officio, including the lieutenant governor, the speaker of the house, the attorney general, the comptroller, and the commissioner of the General Land Office.

In the next two slides you will see the House and Senate districts across the state.

House and Senate Districts (1 of 2)

Discuss with students the maps of the House and Senate districts. What sticks out? Where are the blue districts concentrated? What about the red districts?

House and Senate Districts (2 of 2)

Discuss with students the maps of the House and Senate districts. What sticks out? Where are the blue districts concentrated? What about the red districts?

Geographic Districting (2 of 3)

Malapportionment

Reynolds v. Sims (1964) invalidated malapportionment as a practice.

Reapportionment is required every 10 years.

“One person, one vote” principle.

Gerrymandering

Gerrymandering is the drawing district lines to give a certain party, ethnic group, or faction an advantage.

The Supreme Court has yet to rule it unconstitutional.

The Supreme Court has invalidated certain practices as it relates to the drawing of district lines. The Court has invalidated the practice of drawing districts that are not equal in size. The Court has been much more tolerant of partisan gerrymandering (drawing lines for political advantage).

Geographic Districting (3 of 3)

Gerrymandering Techniques

Cracking: Dividing the minority vote

Packing: Concentrating the minority vote

Both tactics weaken the minority vote.

Alternatives

Some states have created independent or nonpartisan commissions.

Created to reduce:

Partisanship

Conflict of interest

Racial Gerrymandering

Drawing lines to reduce the influence of a racial group violates the 14th Amendment to the US Constitution.

Voting Rights Act of 1965 also prohibits discriminatory practices.

The Court has also asserted that it is illegal to engage in practices that weaken the vote of racial and ethnic minorities. Tactics used to achieve that include cracking and packing. The Voting Rights Act of 1965 also prohibits certain discriminatory practices. To mitigate concerns with partisanship and conflicts of interest that are inherent in redistricting done by the very legislators poised to benefit from the practice, some states have established independent or nonpartisan commissions.

Class Activity: Who Represents Me?

Go to: https://capitol.texas.gov/

Enter your information in the “Who Represents Me” section of the website.

Gather the following information:

Who represents you?

Be prepared to share information about your representative, such as:

Party affiliation

Committee assignments

How long in office

Ask students to research who represents them in the Texas Legislature. Direct them to the website on the slide. Ask them to collect information such as party affiliation, committee assignments, leadership positions, and length of office. Ask them to discuss what they learned about their legislator. Do the priorities of their legislator align with the policy issues they believe are important?

Powers of the Legislature and Its Leaders: Powers of the Presiding Officers

Lieutenant Governor

Presiding officer in the Texas Senate

Elected member of the executive branch

Can break tie votes as part of the executive branch

Becomes governor if the office becomes vacant

Speaker of the House

Presiding officer in the Texas House

Elected member of the House of Representatives

Has authority to appoint members of each standing committee, and to designate the chairperson and vice chair for each committee

Appoints members to conference and joint committees, and creates select committees

Powers of the Legislature Passing Bills

Primary responsibility is to pass proposed laws, called bills

There are 3 types of bills:

Special

General

Local

Legislative organizations like the Legislative Council, and the Legislative Budget Board help with the process

The legislature’s primary responsibility is to create law. They begin this process through the introduction of proposed legislation called bills. There are generally three types of bills introduced in the Texas Legislature. To assist with research and analysis, organizations like the Legislative Council and Legislative Budget Board assist the legislature with legislation.

Powers of the Legislature Passing Resolutions

Also responsible for passing resolutions

Resolutions can be approved by only one legislative chamber or passed by both

There are 3 types of resolutions:

Simple

Concurrent

Joint

Resolutions: formal statements or expressions.

Simple resolutions are statements issued by one chamber;

Concurrent resolutions are statements issued by each chamber simultaneously; and

Joint resolutions are statements that are issued by both chambers together.

Powers of the Legislature Representing Constituents

Some legislators represent the voters as delegates

Represent the majority’s interests

May rely on polls and other feedback from constituents

Others act as trustees

View themselves as entrusted decisionmakers

Make decisions in the best interest of constituents regardless of public opinion

When legislature’s view themselves as a delegate, they make decisions that reflect the majority’s will or interests. They often use polls to gauge public opinion. When legislators view themselves as trustees, on the other hand, they act on the best interest of their constituents, regardless of public opinion. Most legislators do a combination of both.

Powers of the Legislature Conducting Bureaucratic Oversight and Investigations

The legislature monitors state agencies.

The legislature has investigative power, and can compel state officials to testify.

The Legislative Audit Committee and the Sunset Advisory Commission assist with the oversight and investigative duties.

In addition to making laws, the legislature also provides oversight to the state’s agencies. The legislature monitors state agencies and Legislative Audit Committees can investigate matters when needed. Through the Sunset Advisory Commission, agencies may be deemed no longer necessary and abolished. The Commission has abolished more than 90 agencies.

Powers of the Legislature Impeachment and Removal Power

Legislators may impeach and remove an official for wrongdoing.

The House formally impeaches (or accuses) an official.

The Senate may remove an official with a 2/3rds vote following a hearing.

The legislature has the power to impeach and remove officials for wrongdoing. When this happens, the articles of impeachment are drawn in the Texas House of Representatives and trials are held in the Senate. The legislature may impeach members of the plural executive and the judiciary.

Powers of the Legislature Legislative Redress

The legislature monitors and investigates itself.

A committee may be created to investigate.

The legislature is also empowered to investigate itself, and does so by establishing a committee to investigate a specific matter.

Powers of the Legislature Senate Confirmation Power

The Senate must approve all appointments with a 2/3rd vote.

Senatorial courtesy is used to appoint positions in a senator’s home district.

Senatorial courtesy forces the governor to consult with Senators.

The Texas Senate is responsible for confirming appointees to state positions. The Senate’s power to confirm appointees, and the traditional senatorial courtesy to force the governor to consult with Senators regarding appointments also weakens the governor’s appointive power.

The Legislative Process Legislative Committees (1 of 2)

Standing Committees

Permanent committees with jurisdiction over certain policy areas or procedures

Two types of standing committee:

Substantive

Procedural

Review and vote on bills

Joint Committees

Evaluate policy proposals that may be considered

Includes members from the House and Senate

After a bill is introduced, legislation is referred to a standing committee. Standing committees are the only type of permanent committees of the lawmaking process. During the standing committee, hearings are held, and bills are marked up. It is not uncommon for legislation to leave the standing committee different from how it arrived.

The Legislative Process Legislative Committees (2 of 2)

Ad Hoc and Select Committees

Ad Hoc committees are developed to address a specific task.

Select Committees are temporary committees developed to research an issue and report findings.

Interim Committees

Meet in between legislative sessions.

Do most of the preliminary work on larger, sometimes controversial legislation.

The Legislative Process Scheduling (1 of 2)

House Calendars Committee

Two calendars committees that schedule all bills.

House Calendars Committee

House Local & Consent Calendars Committee

The schedule outlines the time and date for floor debate.

Types of House Calendars

Emergency calendar

Major state calendar

Constitutional amendments calendar

General state calendar

Local and consent calendar

Resolutions calendar

Congratulatory and memorial resolutions calendar

After legislation passes a standing committee, it then must go to the full floor for a vote. However, before that happens, when and how a bill will be considered must be decided. In the House, the House Calendars Committee decides the way in which legislation will be considered by the full House.

The Legislative Process Scheduling (2 of 2)

A Senate rule requires that bills be considered in the order in which they were reported from committee.

Instead, a blocking bill is introduced, and bills are taken off the calendar for senate floor consideration by a suspension of the rule.

A five-ninths majority is then needed to agree to consider legislation.

After legislation passes a standing committee, it then must go to the full floor for a vote. However, before that happens, when and how a bill will be considered must be decided. In the Senate, Senators must vote (5/9 majority) to consider legislation. The margin by which they agree to take up legislation ensures that a significant minority can delay or halt legislation from moving forward.

The Legislative Process Floor Action

House

Floor leaders help facilitate the process of debating and voting on legislation.

Members debate legislation, ask questions, or bring up points of order.

When desiring to stall approval of legislation, members may also engage in chubbing.

Members vote electronically by inserting an ID card.

Senate

Lieutenant Governor presides over the floor action.

The five-ninths rule typically results in little debate.

Individual senators may choose to filibuster legislation.

The entire senate may also act as a committee of the whole to expedite consideration of a bill.

Senators vote by holding up fingers.

Once both chambers agree to take up legislation for a vote, legislation is voted on by the members. There must be a quorum (a minimum number of members present) in order to take up legislation. Without a quorum, a vote cannot be taken. There are tactics used in both chambers to stall or delay passage of legislation. In some cases, a member or group of members may want to delay passage to force compromise on a provision in the bill. Other times, it may be a tactic to kill legislation altogether. The filibuster is commonly used by Senators to kill legislation.

Point of order: a formal objection that says “rules of procedure” are not being followed on the House floor.

Chubbing: slowing the legislative process by debating earlier bills for the maximum allotted time, asking the bill’s sponsor trivial questions, and proposing so many amendments and raising so many points of order that the House does not get around to the bill to which they ultimately object.

The Legislative Process Conference Committee

When bills approved by House and Senate are not identical, they go to a temporary committee—conference committee.

The committee consists of 5 members of the House and Senate.

If compromise is reached, the committee develops a conference report.

If compromise is not reached, the bill is likely dead.

When approved by both chambers, legislation goes directly to the governor’s desk. If legislation is not identical to the originally voted by the chambers, it must be reconciled by a conference committee.

How A Bill Becomes Law

The above image illustrates the step-by-step process of how a bill becomes a law. What’s the difference between the House and Senate processes?

Polarization in the Texas Legislature

Evolution of Partisan Polarization in the Texas House

Ideology and Polarization in the Texas Senate

One of the trends, observers see in the Texas legislation is an increasing ideological polarization between Democrats and Republicans in the Texas Legislature. Republicans are also becoming more ideologically conservative, and Democrats are becoming more liberal. If this trend continues, how might it affect policymaking?

Class Activity: You are a Legislator

With your chamber (group members), discuss and devise one proposal to address college affordability.

You must agree to a proposal by a majority vote.

If your proposal is not identical to legislation in the corresponding group, you must assign 2 students to work with 2 students from the other group to develop a compromise.

If a compromise is reached, vote on the compromise as a group.

Be prepared to discuss the process, the experience, and the outcome as a class.

Divide the class into mini-House of Representatives and Senates. Each House should have a corresponding Senate. Each chamber (group) must discuss and devise one proposal to address college affordability. They must agree to a proposal by a majority vote. If each group’s proposal is not identical to the legislation in the corresponding group, they must assign 2 students to work with 2 students from the other group to develop a compromise. If a compromise is reached, the group must vote on the compromise. Ask students to discuss their experience. Limit the exercise to 30 to 40 minutes. Ask students how limited time may impact their ability to develop and vote on a proposal. Ask students to discuss how difficult it is to compromise. Ask them to discuss other barriers to the policymaking process. Finally, discuss how their experiences mirrors some of the dynamics experienced by the Texas Legislature.

Summary

Now that the lesson has ended, you should have learned how to:

Describe the limits on the Texas Legislature, and evaluate the concept of the “citizen legislature.”

Analyze the selection of Texas legislators, their qualifications, and the impact of campaign financing and redistricting on elections.

Analyze the powers of the legislature and its presiding officers.

Analyze legislative processes, the committee structure, and how a bill becomes a law.

Analyze the nature and evolution of ideological polarization in the Texas Legislature.

Apply what you have learned about the Texas Legislature.