Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
UNIT 7—THE TEXAS LEGISLATURE
When the Texas Constitution of 1876 was written, the framers were motivated
primarily by a strong distrust of government, a sentiment caused by the perceived
abuses of state government during Reconstruction. The framers were particularly wary
of executive authority and gave more power to the legislature than to the executive.
Thus, the Texas Legislature is the most important decision-making body in the state. In
spite of that, many Texans still believe the old saying that "neither man nor property is
safe while the legislature is in session."
The Texas Legislature consists of two houses, a senate composed of 31
members with staggered four-year terms and a house with 150 representatives elected
to two-year terms. This compares to a national median size of 40 for state senates and
100 for state houses. The house and senate districts are drawn every ten years after
the national census by the state legislature. Since 1964, this redistricting must follow
the "one-person-one vote" rule established by the U.S. Supreme Court in Reynolds v.
Sims. This requires that legislative districts be as equal in population as possible.
Despite this rule, the practice of gerrymandering--the deliberate unfair drawing of district
lines to benefit one group and hurt another--still occurs. Two types of gerrymandering
have been a problem in Texas--racial and political. The Anglo majority has consistently
gerrymandered African American and Hispanic areas and the Democratic majority has
often gerrymandered Republican regions. Although racial gerrymandering has been
prohibited by the Voting Rights Act (as amended in 1982) it has been a continuing
problem.
Texas legislators tend to be more educated, more wealthy, and of higher
occupational status than their constituents. Also, African Americans and Hispanics are
slightly underrepresented. This may be due to several factors. First, it is becoming
increasingly costly to run for the Texas Legislature in spite of the fact that many
legislators often face no competition in either the primary or general election. A majority
of the seats in the Texas Legislature have been classified as noncompetitive. A second
factor contributing to the elitist nature of the Legislature is undoubtedly the low annual
salary of $7,200. Unless one is independently wealthy and has a job one can leave for
four months to attend the biennial 140-day session, one cannot afford to serve in the
Texas Legislature. Perhaps because of the low salary, turnover is fairly high, averaging
around 30 percent. Thus, term limits, adopted in 21 states between 1990 and 1996,
has not been a major issue in Texas.
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
Unlike Congress and many state legislatures, for most of its history, the Texas
Legislature was not organized on a partisan basis, but rather around ideology. The low
number of Republicans in the Legislature (until recently) undoubtedly contributed to
that. Twenty years ago the Citizens Conference on State Legislatures, using five
criteria (function factors, accountability, informed factors, independence, and
representativeness), ranked the Texas Legislature comparatively low--38th overall. A
number of factors contributed to that low ranking. The low annual salary of $7,200
makes it difficult for many Texans who are not independently wealthy to serve. Those
who do serve and receive income as "consultants" to businesses with interests in
current legislation can easily have their independence compromised. The short, chaotic
140-day biennial session denies legislators the adequate time they need to fully
research and study all issues. The biennial nature of the sessions requires passing a
two-year budget and planning almost three years in advance, a difficult proposition.
The powerful presiding officers--the Lieutenant Governor and Speaker--can stack
committees, name chairs and vice chairs, refer bills to either friendly or hostile
committees, and generally prevent any legislation they oppose from having a fair
chance of consideration and passage. Members not part of the Speaker's or Lieutenant
Governor's "team" often find they have little say or influence in the legislative process.
The limited seniority makes it difficult for some members to remain on the committee(s)
of their choice and develop expertise. Lastly, the constitutional rules and restrictions
slow down the legislative process and make it difficult for the Legislature to make
efficient use of its limited time. Typically, certain business simply goes unfinished due
to lack of time at the end of the session. In spite of these shortcomings, most Texans
seem content with the current legislative setup because it is consistent with the
traditionalistic/individualistic political culture of the state. Unless there are major
changes in the political culture of Texas, significant reforms are unlikely.
KEY TERMS
conference committee: a legislative committee that is appointed to work out
differences in bills passed by the two houses of the legislature.
gerrymandering: the drawing of legislative districts to achieve the political advantage of
one party or group over another.
interim committee: a committee established to study issues between sessions of the
state legislature.
noncompetitive district: generally defined as any legislative district in which either
party receives 55 percent or more of the votes.
one person-one vote rule: a U.S. Supreme Court rule established in Reynolds v. Sims
requiring legislative districts be as equal in population as possible.
reapportionment: the process of allocating representatives to districts.
redistricting: the process of drawing district lines.
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
Reynolds v. Sims: a 1964 U.S. Supreme Court decision that ruled that both houses of
the state legislature had to be apportioned based on population.
standing committee: a committee established by house or senate rules.
subcommittee: a subdivision or smaller working unit of a standing committee.
temporary committee: a committee established to study special problems.
turnover: the number of new members of the legislature each session.
Bureaucratic oversight: the responsibility of legislature to oversee the administrative
bureaucracy as it implements the laws and programs passed by the legislature
Calendar: the instrument for controlling the flow of legislation from the committees to
the floor of the houses
Filibuster: talking a bill to death (as long as one senator can physically last) in the
Texas Senate
Legislative Budget Board (LBB): presents a proposed budget to the state legislature;
also has authority concerning strategic planning and bill analyses
Sunset Advisory Commission: the state agency that evaluates and recommends
whether all state agencies should be continued or abolished
The 3 s’s: salary, staff, and session
BASIC FACTS
1. Size of Texas House and Senate
Texas House: 150
Texas Senate: 31
2. Terms of Texas Representatives and Senators
Texas House: 2 year terms
Texas Senate: Staggered 4 year terms
3. Salary
$7,200 a year ($600/a month) plus per diem expenses of $125 during both the
regular and special legislative sessions.
4. Session
The Texas legislature meets on the 2nd Tuesday in odd-numbered years for a 140day session. (It is the only legislature among those of the 10 most populous states
to meet only every two years.) Forty three states have annual legislative sessions.
5. Term Limits
There are NO term limits. (They are not needed because of the low salary!) There
is significant legislative turnover. In the 78th Legislature (2001) the average length of
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
service for house members was just over 7 years and the average length of service
for senators was 12 years.
6. Legislative Staff
The legislature provides only minimal funds for hiring competent staff. Monthly staff
allotments are $7,500 per month for house members and $22,000 for senators. This
is for staff salaries and office expenses, not for personal use by the senator or
representative. Neither individual legislators nor legislative committees have
professional staff comparable to that of special interest groups.
7. Formal Qualifications
Texas Senate:
 U.S. citizen
 Registered voter
 26 years old
 lived in Texas for 5 years and in district in which seeking election for one
year.
Texas House of Representatives
 U.S. citizen
 21 years old
 lived in Texas for 2 years and in district in which seeking election for one
year.
8. Informal Qualifications
 Democratic (until the 1980s)
 Anglo
 Male
 Lawyer
 Access to money (The money necessary to run a modest campaign in a
competitive district is about $160,00 for the house and $600,000 for the
senate. (As of 2003)
_____________________________________________________________________
TEXAS LEGISLATIVE PROCESS—HOW A BILL
BECOMES A LAW
1.
Introduction to the Senate
Only senators can introduce a bill in the Texas Senate. The real challenge is to
find a sponsor who will utilize his/her political and bargaining skills to help the bill
get through the legislative process.
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
The Texas Constitution requires that every bill must be read 3 separate
times on 3 separate days in BOTH the House and Senate. (This was to
ensure that laws would not be passed without adequate opportunity for debate
and understanding.) Generally, a caption or brief summary is read. If a bill is read
in its entirety, it’s usually at the second reading. The Texas Constitution does
allow in “cases of imperative public necessity” for the third reading to be
on the same day as the first floor vote as long as 4/5 of the membership
agrees.
.
The first reading occurs here upon being introduced prior to being
assigned to committee.
2.
Assignment to a committee
The lieutenant governor assigns bills to the appropriate senate committee and
often has a choice of two or more committees. The bills the lieutenant governor
supports are referred to friendly committees and the bills he opposes to a
“hostile” or less friendly committee.
3.
Senate committee action
Supporters and opponents may testify before both the committee and
subcommittee. Witnesses are often lobbyists or concerned bureaucrats. The
subcommittee marks up (makes changes) and sends the bill to the full committee
for their consideration. If the committee has no subcommittee, the entire
committee hears testimony and marks up the bill. The committee has 3 choices:
report the bill favorably, unfavorably, or refuse to report on it at all (thus killing it.)
4.
Senate calendar
The senate has only one calendar and it is rarely followed. A relatively
unimportant bill (a blocking bill) is placed at the top and then other bills are put
on the calendar as they come out of committee. By senate rules, any bill brought
to the floor out of order requires a 2/3 majority. Thus, a senator must be
recognized by the lieutenant governor to make a motion to suspend the regular
calendar or and consider a bill out of sequence. Thus, although it takes a
simple majority of 16 of the 31 senators to pass a bill on the Senate floor,
the sponsor needs a 2/3 majority (21 of 31) to even bring the bill to the
Senate floor for a debate and vote. This means that if a bill reaches the
Senate floor, it has the support of the lieutenant governor, any compromises
needed have already been made and the bill will almost always pass.
5.
Senate floor
The bill’s second reading occurs here.
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
The lieutenant governor has the power to:
 recognize senators who wish to speak
 to vote in the event of a tie
 to interpret rules and points of order (the Senate rarely overrules these
interpretations)
Unlimited debate is the rule in the Texas Senate. This allows for a filibuster—an
attempt to either “talk a bill to death” or to force a compromise. (Unlike the US
Senate, a filibustering senator in the Texas Senate cannot give the floor to other
senators who want to filibuster. Thus, a filibuster only lasts as long as the
filibustering senator can physically last. Unlike the US Senate there is no cloture
vote to limit senate debate.)
 former Texas senator Bill Meier set the world record for a filibuster in
May of 1977 by talking for 43 hours. (This broke the old record of 42
hours and 33 minutes set in June of 1972.)
 tagging a bill-a senator can tag a bill, requiring the committee chair to
give that senator 48 hours advance notice as to when the committee
will hold hearings on the bill (thus, delaying the hearings for 48 hours.)
Tagging in effect enables a single senator to kill or modify a bill late in
the legislative session.
Before the bill is sent to the House (or the governor’s desk if it has already
passed the House) a third reading occurs—on another calendar day—and
the bill must pass a second floor vote. Any amendments at this point require
a 2/3 majority.
6.
Introduction to the House
Only a representative may introduce a bill in the house. The first reading
occurs here.
7.
Assignment to committee
The House speaker assigns all bills to the appropriate house committee. The
speaker, similar to the lieutenant governor, has some freedom of choice as to
which committee to refer a bill due to the vague committee jurisdiction.
8.
House committee action
Committee action in the house is similar to that in the senate. The house
committee and subcommittee may amend, totally rewrite, pigeonhole, kill, or
report favorably or unfavorably on a bill.
9.
House calendars
A bill that is reported favorably by the committee, or receives a favorable minority
report by the required number of committee members, is placed on one of 8
house legislative calendars by the committee on calendars. This determines the
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
order in which the house will consider the legislation. Generally, the lower the
placement of a bill on the calendar, the more likely time will run out in the 140day legislative session and the bill will simply die.
10.
House floor
The second reading occurs here. The House speaker has the power to
recognize representatives on the floor of the house and to interpret rules and
points of order. (The speaker is seldom overruled.) Debate on the house floor
(due to its larger size) is usually limited to ten minutes per member. Bills may be
amended, tabled (usually kills the bill), killed, or sent back to committee. A
simple majority is required for a bill to be passed. The third reading occurs on
a subsequent calendar day and the bill must pass a second floor vote. Any
amendments introduced must have a 2/3 majority.
11.
Conference committee
If the House and Senate pass differing versions of the bill or if one house makes
changes in the bill first passed by the other house, a conference committee is
necessary to compromise the differences between the two houses. The
lieutenant governor appoints 5 senators and the speaker appoints 5 house
members. The compromise bill must be approved by a majority of both the
senators and the representatives before it can be reported out of the conference
committee.
12.
Final passage
The bill is now sent to the first house where it originated and then to the other
house for final approval. Neither house may amend the reported bill, but must
accept or reject, or send it back to the conference committee it by a majority vote.
13.
The governor
The governor has several options when the bill reaches his desk.
 The governor may sign the bill into law; it becomes law in 90 days (sooner
if it is an appropriations bill or a bill that the legislature has designated as
emergency legislation.)
 The governor may choose not to sign it, in which case it becomes law in
10 days if the legislature is in session or 20 days if the legislature is not in
session.
 The governor may choose to veto the bill, but the veto can be overridden
by a 2/3 majority of each house.
 On appropriations bills (the state budget bill) the governor has the item
veto—the power to veto specific items within the bill.
If the bill requires an expenditure of funds, the comptroller of public accounts
must certify that adequate revenue is available. If revenue is lacking, the bill
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
goes back to the legislature where either adequate funds are provided or the bill
is approved by a 4/5 majority of each house. If neither option is successful, the
bill cannot be implemented.
The three issues raised by reapportionment: equity of representation, minority
representation, and political gerrymandering--how Texas has historically dealt
with them, and the changes Texas was forced to make
A.
INTRODUCTION
1.
The U.S. Constitution requires that Congress reapportion the seats in the
U.S. House of Representatives among the states following each federal
census (every 10 years)
2.
Likewise, the Texas Constitution requires the state legislature to
reapportion the seats following each federal census
3.
The term "reapportionment" refers to the process of allocating
representatives to districts
4.
The term "redistricting" is the drawing of district lines.
5.
Those two terms are generally interchangeable and can be used
interchangeably
6.
Reapportionment is a very political process, with politicians attempting to
redistrict to benefit themselves and their party and ensure their reelection
7.
From 1876 until the 1920s, the Texas Legislature had always made an
effort to reapportion the seats after each national census
8.
The Texas Constitution was amended in 1948 to create the Legislative
Redistricting Board after the Texas Legislature failed to reapportion
legislative seats after the 1930 and 1940 censuses
9.
The Legislative Redistricting Board was given the authority to redistrict
the seats in the state house and senate if the Texas Legislature fails to act
10.
The LRB is made up of the lieutenant governor, the speaker of the house,
the attorney general, the comptroller of public accounts, and the
commissioner of the general land office
11.
Three major issues have been raised by reapportionment
a.
Equity of representation
b.
Minority representation
c.
Political gerrymandering
B.
EQUITY OF REPRESENTATION
1.
The failure of the Texas Legislature to reapportion the seats in the state
house and senate following the 1930 and 1940 censuses led to the
creation of the Legislative Redistricting Board by a constitutional
amendment in 1948
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
2.
3.
4.
5.
The Legislature's failure to redistrict was due, to a great extent, to the
reluctance of rural representatives to give up seats and their control of the
Legislature, a development caused by the faster growth of urban areas
during those two decades
The creation of the LRB and the threat of action forced the Legislature to
reapportion the legislative seats in 1951
Representation shifted from rural to urban areas, but large urban counties
were still underrepresented in 1952
This under representation was due to two factors
a.
A 1936 amendment to the Texas Constitution limited to seven the
number of representatives any county could have (thus
underrepresenting Dallas, Harris, and Bexar counties)
b.
6.
7.
8.
9.
10.
11.
The Texas Constitution also prohibited any county from having
more than one senator, no matter how large the county's
population, further underrepresenting large urban counties
In 1962, the U.S. Supreme Court, in Baker v. Carr, ruled that these
population inequities in legislative districts denied voters "equal protection
of the law", guaranteed by the 14th Amendment to the U.S. Constitution
In 1964 the U.S. Supreme Court ruled, in Reynolds v. Sims, that both
houses of the state legislature had to be apportioned based on population
As a result of these two decisions, all state legislatures must follow the
"one person, one vote" rule that requires districts be as equal in
population as possible
Over time, the U.S. Supreme Court has ruled that the "one person, one
vote" rule requires that legislative districts cannot vary by more than 5
percent from the mean population for districts
In 1965, a federal district court ruled that the provisions in the Texas
Constitution that limited a county to seven house seats and one senate
seat were also constitutional, violating the 14th Amendment's equal
protection clause and the "one person, one vote" rule
The impact of these court decisions has been significant
a.
Power has shifted from rural to urban areas as districts have been
redrawn according to the "one person, one vote" rule
b.
Gross population inequities in state (and congressional) districts
have ended
c.
Suburban representation has been increased in the Texas
Legislature, usually at the expense of rural areas, but sometimes
also at a loss to inner city areas that are declining in population
d.
The electoral success of the Republican and Democratic parties
have been affected differently
(1)
As suburban areas gained representation, this has gradually
helped Republicans
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
(2)
As rural areas lost seats, this hurt conservative Democrats
(3) As inner cities have lost representation, more liberal Democratic
(and sometimes minority) candidates have been adversely
affected
C.
MINORITY REPRESENTATION
1.
A common practice throughout the South, including Texas, was racial
gerrymandering--the deliberate drawing of districts to make it more
difficult for minority candidates, both African American and Hispanic, to be
elected
2.
This was accomplished by deliberately splitting up areas with a large
concentration of African American or Hispanic voters into two or more
districts rather than drawing the lines to create a majority minority district
3.
In the 1970s, African Americans and Hispanics challenged the practice of
multimember legislative districts used in larger urban counties, which had
the effect of allowing the Anglo majority to elect all the representatives,
leaving minorities underepresented and thus diluting their political clout
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
4.
In 1971, the courts invalidated the use of multimember districts and forced
Texas to switch entirely to single member districts--leading almost
immediately to more minority candidates being elected
5.
In 1982, in response to decades of continued racial gerrymandering,
Congress amended the 1965 Voting Rights Act to protect minorities
against the dilution of their voting power
6.
The Justice Department and federal courts invalidated the 1981
redistricting plan drawn by the Legislative Redistricting Board for violating
the Voting Rights Act because the redistricting plan did not achieve
maximum minority representation
7.
A new plan, drawn by federal courts, maximized minority representation
by creating districts that contained a majority of ethnic minorities-"majority-minority" districts
8.
As a result of the Voting Rights Act, court decisions, and a growing
minority population in Texas, there has been an increase in the number of
"majority-minority" districts--which has had two interesting effects
a.
More African Americans and Hispanics have been elected to the
Texas Legislature, helping the Democratic Party
b.
In the process of drawing more "majority-minority" districts, other
districts have become more heavily white and often, Republican
9.
A recent development has complicated this issue--a series of U.S.
Supreme Court decisions in 1995 and 1996 outlawing the practice of
drawing districts primarily on the basis of race--(this involved
congressional districts that were drawn in Texas to help elect more
minorities and comply with the intent of the Voting Rights Act)
10.
What the Supreme Court seems to be saying is that there is a limit to the
use of race as a criterion for drawing legislative district lines, although how
far a state may go to achieve minority representation and not be guilty of
racial gerrymandering is unclear at this time
11.
Although this decision dealt with Texas congressional districts, it will
undoubtedly affect state legislative districts and the guidelines they must
abide by
12. These recent court decisions will undoubtedly force the Texas Legislature (and
all other state legislatures) to walk a fine line--not diluting minority voting
power, but, at the same time, not drawing districts primarily on the basis of
race
D.
POLITICAL GERRYMANDERING
1.
Political gerrymandering, the drawing of district lines to achieve political
advantage of one political party over another, has been a long-standing
practice
2.
The practice dates back to at least 1812 when Massachusetts governor
Elbridge Gerry drew a legislative district shaped somewhat like a
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
3.
4.
5.
6.
7.
8.
9.
10.
11.
salamander, leading a political cartoonist for the Boston Globe to dress up
the district outlines with eyes, wings, and claws and calling it a
"Gerrymander"
As Republican strength has grown in Texas in recent decades, political
gerrymandering has intensified
Republicans have repeatedly accused the Democrats of deliberate
political gerrymandering by drawing districts in such a way as to reduce
the number of districts with a Republican majority, especially in suburban
areas
Republicans have responded by forming an alliance with minorities,
supporting the creation of racially gerrymandered majority-minority
districts and minorities supporting Republican efforts to draw more districts
with a Republican majority
In 1992, a special panel of three federal judges invalidated a redistricting
plan for the Texas senate and put in place a new court-drawn senate plan
that seemed to favor Republicans
That led to a Republican gain of four seats in the 1992 elections (from
nine to thirteen) and another seat in 1994 (to fourteen) and another seat in
1996 (to 15 of 31 state senate seats)
In the state house, after the 1996 elections, Republicans have gained
another five seats to now have 69 of 150 state house seats
In the 1998 elections
In the 2000 elections
The 2002 elections in Texas were historic for several reasons.
The factors contributing to the low ranking of the Texas Legislature by the
Citizens Conference on State Legislatures.
A.
THE FIVE CRITERIA USED BY THE CITIZENS CONFERENCE ON STATE
LEGISLATURES
1.
Functionality--Texas ranked 45th
a.
Adequate time to complete legislative duties
b.
Effective utilization of time allotted
c.
staff
d.
Structural, organizational, and procedural characteristics that
expedite the flow of legislation
e.
Adequate facilities
f.
Interhouse cooperation
g.
Legislative continuity between legislative sessions
2.
Accountability--Texas ranked 36th
a.
Visibility of the legislature
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
b.
c.
d.
3.
4.
5.
B.
Ability to fix responsibility for legislative actions
"Anti-limbo features" to keep bills from becoming lost in the shuffle
Public openness, records of votes, debates and actions of
committee members
e.
Adequate press coverage
f.
Lobby regulation
g.
The concentration of power in the legislature and the treatment of
political minorities
Informed--Texas ranked 43rd
a.
Adequate time to study legislative proposals
b.
Functional committee systems
c.
Interim legislative activity
d.
Facilities and availability of bills and committee reports
e.
Size of staff, degree of professionalism and facilities
f.
Staff specialization
Independence--Texas ranked 45th
a.
Legislative independence concerning its own actions (constitutional
independence)
b.
Independence from the executive branch
c.
Capabilities of administrative oversight
d.
Independence from interest groups
e.
Freedom from conflicts of interest
Representativeness--Texas ranked 17th
a.
Constituent-representative identification
b.
Diversity in membership
c.
Structure and procedures that allow individual legislators to act
effectively
POWERS OF THE PRESIDING OFFICERS
1.
The lieutenant governor presides over the senate and the speaker
presides over the house
2.
The speaker is a member of the house and is elected to his position by a
majority vote of the house
3.
The lieutenant governor is elected by the voters for a four-year term and
thus does not owe his or her election to the senate, is not formally a
senator, and cannot vote except to break a tie
4.
The speaker and lieutenant governor are the two most powerful
individuals in all of Texas state government and control the legislative
process in their respective houses
5.
The speaker and lieutenant governor's powers are determined by the
formal rules adopted by the house and senate at the beginning of each
session
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
6.
7.
While it is possible that a speaker or lieutenant governor who abused their
powers could see them diminished with a rules change, this has never
happened and does not seem very likely
Their powers include the following
a.
Appointing the chairs of all committees
(1)
Chairmanships always go to friends and allies of the
presiding officers, those who are part of the "team"
(2)
As the number of Republicans elected to the Legislature has
increased, Republicans have been named to chair some
committees
b.
Appointing members of each standing committee
(1)
A limited seniority system in the house means about half of
the committee seats are assigned on the basis of a limited
seniority system
(2)
With no formal seniority rule applying in the senate, the
lieutenant governor fills all committee seats
(3)
This power allows the presiding officers to stack committees,
with the friends and allies getting assignments on the most
powerful committees
(4)
This allows the presiding officers to guarantee that each
important committee will be composed of a majority of their
allies
c.
Appointing members of the calendar and procedural committees,
conference committees, and other special and interim committees
(1)
Appointing the calendar committees ensuring that bills the
presiding officers favor will be put at the top of the calendar,
guaranteeing floor consideration; bills they oppose are held
back and put on the bottom of the calendar, guaranteeing
time will run out before they hit the floor (this power is
primarily important in the house where bills are taken to the
floor in the order listed; in the senate they are generally
brought up out of order, a move that requires a 2/3 majority
vote)
(2)
Appointing conference committees allows the two presiding
officers to influence the compromise version of the bill
coming out of the conference committee
(3)
Appointing procedural committee members guarantees most
procedural questions will be decided in favor of the presiding
officers
d.
Serving as presiding officer allows the speaker and lieutenant
governor to
(1)
Recognize members on the floor who wish to speak
(2)
Generally interpret house and senate rules
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Texas Government 2306—Unit 7 lecture notes-The Texas Legislature
6.
7.
8.
9.
10.
C.
(3)
Decide when a vote will be taken
(4)
Decide the outcome of voice votes
e.
Referring all bills to committees
(1)
This allows the presiding officers to decide which
committees will receive a bill
(2)
Bills are often assigned to favorable committees to enhance
their chance of passing and referred to hostile committees to
lessen chance of passage
f.
Appointing members to the following important boards:
(1)
The Legislative Budget Board, which writes the state budget
and decides what agencies and programs will be funded and
in what amounts
(2)
The Sunset Advisory Commission, which reviews all state
agencies as to their continued usefulness and makes
recommendations to the Legislature as to whether they
should be continued or abolished
(3)
The Legislative Council, a research group
(4)
The Legislative Audit Board, which audits expenditures of
state agencies and departments
In comparison to the speaker, the lieutenant governor must play a more
delicate balancing act of working with powerful members of the senate
and often compromising in the assignment of committee chairs and
membership
Having such a powerful lieutenant governor is unusual compared to other
states--only four other states have similarly powerful lieutenant governors
Based on these extensive powers, it is accurate to say that very little
occurs in the Texas Legislature without the support or approval of the
speaker and lieutenant governor
Power is concentrated in the hands of a few powerful individuals who
control the agendas and actions of the legislature
While the house and senate may run more efficiently, critics charge that
these extensive powers make the two presiding officers virtual dictators of
their respective houses, often limiting debate, squashing opposition,
denying a fair chance of passage to bills they do not support, and
generally undermining the democratic process
THE THREE S'S
1.
SALARY: According to constitutional provisions, the salary Texas
legislators earn is a measly $7,200 a year, plus $125 per day for expenses
(per diem) for both regular and special sessions
a.
Many Texans believe that because the Legislature meets for only
140 days every two years, it is part-time and deserves to be paid
accordingly
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b.
c.
d.
e.
2.
Critics charge that the low pay guarantees that only the
independently wealthy or those who have an outside source of
income can afford to serve in the Legislature
Critics also argue that the low pay makes legislators extremely
vulnerable to outside money, often paid as retainer fees, legal fees,
and consulting fees from sources that often have an interest in
pending legislation
Many observes assert that this low salary makes it difficult for
legislators to remain independent from interest groups and retain
their freedom from conflicts of interest (see criteria #4)
Having the legislator's salary in the constitution requires a
constitutional amendment to be approved by the voters to increase
legislative pay
SESSION: According to constitutional requirements, the Texas Legislature
meets biennially in a 140-day session, beginning in January of oddnumbered years
a.
This biennial 140-day session constitutional restriction is a
reflection of the traditionalistic/individualistic political culture of the
state
b.
Most Texans believe the old saying that "the less time the
Legislature is in Austin, the less damage they can do"
c.
This restriction on the legislative session is also due, to a great
extent, to the perceived abuses of the Reconstruction government
in Texas
e.
Many Texans support this restriction, arguing it keeps taxes and
spending lower and leads to less government intervention in our
lives
f.
Critics charge that it is difficult for the Legislature to finish its work in
the prescribed time, leading to unfinished business, poorly written,
poorly researched legislation, and insufficient debate and
examination of the issues
g.
The biennial session also requires a two-year budget and planning
almost three years in advance, a task that is not easy to accomplish
well
h.
The short, biennial legislative session also makes it very difficult for
the Legislature to fulfill one of its most important responsibilities-administrative oversight
i.
This limited time in session clearly affects both the functionality and
informed criteria rankings (criteria #1 and #3)
j.
In response to this criticism, supporters point out that the governor
can call the Legislature back into an unlimited number of special
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sessions that can last up to 30 days (However, the governor sets
the agenda--the topics that can be considered)
3.
STAFF
a.
Although legislators are provided money for office and staff
expenses, critics argue that the amount is insufficient to hire an
adequate number of well-paid, professional staff members
b.
As a result, legislators often rely on the higher paid, more
professional and informed, longer-tenured interest group staffs for
research, information, and the drafting of legislation--leading to
legislation written and passed that often benefits special interests
but may not always be in the public's best interest
c.
Powerful interests and administrative agencies have a
distinct advantage when they monopolize the available information
and expertise, forcing legislators to remain dependent on them for
research data, advice, and other services
d.
This clearly affects the ranking of the Texas Legislature on criteria
#1, #3, and #4--functionality, informed, and independence
D.
A LIMITED SENIORITY SYSTEM
1.
The limited seniority system in the house and the lack of a seniority
system in the senate means that representatives without seniority and all
senators have no guarantee that they will be assigned to a committee of
their choice
2.
Legislators who are not friends or allies of the speaker are at the mercy of
the presiding officers and can be assigned to new committees from
session to session, leading to several disadvantages
a.
This makes it difficult for legislators to develop expertise in any
subject area
b.
Some legislators may not have the opportunity to serve on
committees of interest or committees that may be important to the
legislator's district
c.
Opponents of the presiding officers may find themselves continually
relegated to comparatively unimportant committees, which not only
discourages opposition to the speaker and lieutenant governor, but
also limits their role and influence in the legislature
E.
CONSTITUTIONAL RESTRICTIONS
1.
The framers of the 1876 Constitution placed numerous restrictions on the
Legislature in the constitution to slow down the legislative process and
prevent the misuse of power
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2.
One constitutional rule requires that every bill be read (its caption or a
brief summary) three separate times on three separate days and pass two
floor votes in each house
a.
This requirement slows the legislative process to prevent hasty final
floor consideration
b.
This also gives opponents one final opportunity to round up votes to
kill a "bad" bill on the second floor vote, which must be held after
the third reading on a new calendar day
c.
The constitution does allow an emergency provision to be included
in the bill (as long as four-fifths of the membership agrees), which
allows the third reading and second floor vote immediately following
the first floor vote
3. Another constitutional restriction requires that the state comptroller of public
accounts certify the approximate biennial income for the state and prohibits
the Legislature from appropriating funds in excess of the comptroller's
revenue estimate
F.
VAGUE COMMITTEE JURISDICTION
1.
Committee jurisdiction is often poorly defined
2.
This vague jurisdiction allows the presiding officers considerable discretion
when referring bills to committee
3.
This allows the speaker and lieutenant governor to send bills they support
to favorable committees and bills they oppose to hostile committees they
know will report the bill unfavorably
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4.
5.
This process can prevent good bills from receiving the fair hearing they
deserve and further adds to the powers of the presiding officers
This undoubtedly contributed to the low "accountability" ranking (criteria
#2) due to the concentration of power and the poor treatment of political
minorities it produces
G.
WEAK PARTY ORGANIZATION
1.
The weak party organization is due to the fact for much of Texas' history
few Republicans were elected to the Legislature
2.
No Republicans were elected to the Legislature from 1928 until 1952
3.
Unlike many other state legislatures, in the Texas Legislature party
leadership roles are unimportant, formal leadership positions are not
assigned on the basis of party, and party leaders are not generally trying
to ensure that party members are supporting party positions on issues
4.
If there was any organization, it was often more around ideology than
party
a.
In the 1970s a group of liberal Democrats and conservative
Republicans in the house organized the "Dirty Thirty" coalition to
fight the conservative Democrats
b.
More recently, conservative Republicans and Democrats organized
the Texas Conservative Coalition to fight "liberal ideas"
c.
Other caucuses represent Hispanics and African Americans
5.
Most Texans point to this lack of partisanship with pride, believing it
produces more cooperation and better government
6.
Critics argue this lack of partisanship deprives the Texas Legislature of a
natural check and balance relationship where each party offers its own
legislative agenda and critiques that of the opposition party
7.
This lack of partisanship further adds to the concentration of power in the
presiding officers and limits accountability (criteria #2)
8.
With Republicans winning control of both houses of the Texas Legislature
in the 2002 elections, …
H.
CONCLUSIONS
1.
Many believe that if the study were repeated today, the Texas Legislature
would rank higher because improvements have been made since the
study was done in the 1970s
a.
Improved facilities with the revamped and expanded state capitol,
offering more adequate office space and meeting facilities
b.
Improvements to staff and increased use of interim committees,
providing more planning and preparation
c.
An expanded staff for the Texas Legislative Council, providing
easier access to legislative information
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d.
2.
3.
Per Diem expenses were increased to $90 from $30 and then to
$125
However, in spite of these changes, there is still much room for
improvement in the Texas Legislature
Further needed changes will come slowly and be resisted by some due to
the state's traditionalistic/individualistic political culture
_____________________________________________________________________
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