Ch. 8 | the legislative branch

legislative functions: 

• enact bills
• adopt resolutions 
• proposing constitutional amendments
• adopting budgets for state government
• levying taxes
• redistricting
• impeaching & removing executive & judicial officials 

election & terms of office

• representatives elected for 2 years
• senators elected for 4 years 
• terms begin in January of odd-numbered years 

sessions

regular sessions: session of TX legislature that is constitutionally mandated

• begins on second Tuesday in January of odd-numbered years
• lasts for a max. of 140 days 
• Austin economy benefits bc legislators & lobbyists spend money for housing & entertainment

special sessions: legislative session called by governor 

• limited to no more than 30 days
• legislature may only consider matters placed before it by governor
• costly to taxpayers
• unpopular w legislators 

districting

• states divided into districts to provide equal representation 

redistricting: redrawing boundaries 

• districts redrawn due to migration, births, & deaths 

Reynolds v. Sims: "the seats in both houses of a bicameral state legislature must be apportioned on a population basis" 

Kilgarlin v. Martin: "one person, one vote"

gerrymandering: drawing boundaries of districts to include/exclude certain groups to affect election

single-member district: area that elects only one representative to a policymaking body 

• reduce campaign costs
• increase probability that more African American & Latino candidates will be elected

multimember district: all voters participate in election of 2+ representatives to policymaking body 

Perez v. Perry: lawsuits consolidated into one case, claimed the redistricting plans discriminated against Latinos & African Americans 

Shelby County v. Holder: automatic pre-clearance requirements of the Voting Rights Act were no longer applicable 

TX legislatures must meet state constitutional qualifications:

• U.S. citizen
• qualified voter
• one year residence in district to be represented preceding election
• House: 2 years of TX residence preceding election; Senate: 5 years 
• House: 21 years old; Senate: 26 years old 

gender & ethnic classifications

• Anglo men dominate TX legislature 
• general disrespect of female legislators 
• African American & Latinos underrepresented 

political party affiliation

• 2011: Republications achieved super-majority status in House of Representatives 
• Central city residents usually elect African American & Latino Democrats 
• Republican senators & representatives get support from rural & suburban Anglo voters 

education & occupation

• most positions of leadership call for college credentials 
• most legislators are attorneys, business owners, or managers
• laborers have held almost no seats 

religious affiliation

• legislators' religious beliefs may play role in forming public policy 
• most numerous (in order): Baptists, Methodists, & Episcopalians 

legislative experience

• terms of turnover (first-termers replacing experienced) or tenure (years served)
• incumbent more likely to win an election 
• TX does not have term limits for legislators 

TX legislators receive low pay, reasonable allowances, & generous retirement pension

pay & per diem allowance

• Texas Ethics Commission sets per diem expense allowance
• TX voters must approve all recommended salary increases 

expense allowances

• at the beginning of each session, each chamber authorizes contingent expense allowances 
• use money to cover cost of work-related travel, postage, office operations, staff salaries 

retirement pension

• Texas State Employees Retirement Act of 1975: legislators contribute 8% of their state salaries to retirement fund 
• many legislators do not serve long enough to qualify for a pension

president of Senate: the lieutenant governor:

• not a member of the state Senate
• presides over most sessions & plays leading role in legislative matters
• first in line of succession in event of death/resignation/removal of governor 
• powers granted by Senate rules 
• Senate elects president pro tempore= presides when lieutenant governor is absent/disabled

presiding officer of the House of Representatives: Speaker of the House:

• candidates must file w Texas Ethics Commission

presiding officers appoint committee chairs & determine the committees to which bills are referred

house committees

substantive committee: appointed by House Speaker

• considers bills & resolutions related to subject identified by its name
• may recommend passage of proposed legislation to appropriate calendars committee

procedural committee: consider bills & resolutions relating to procedural legislative matters

select committee: created by House Speaker or lieutenant governor; may consider legislation that crosses committee jurisdictional lines/may conduct special studies

interim committee: House/Senate committee appointed by Speaker or lieutenant governor to study important policy issue btwn regular sessions

senate committees

standing committee: appointed by lieutenant governor for purpose of considering proposed bills ^ resolutions before possible floor debate & voting 

legislative caucuses: legislators who try to maximize influence over issues of special interest

• party caucuses: take policy positions on issues & promote unity among members
• racial/ethnic caucuses: organize & form voting blocs to maximize their power 
• ideological caucuses: conservative & liberal caucuses reflect opposing views on most issues 
• bipartisan caucuses: framed around specific issues 

along w their powers, lawmakers have immunities from prosecution

making public policy 

• most typical exercise of legislative power 
• passing bills & adopting resolutions

simple resolution: requires action by one legislative chamber only 

concurrent resolution: adopted by House & Senate majorities then approved by governor 

joint resolution: majority vote in each house when used to ratify an amendment 

bill: proposed law or statute 

• special bill: makes exception to general laws for specific individual/class/corporation
• general bill: apply to all people/property
• local bill: creates/affects single unity of local government 

constitutional amendment power

• members of either chamber can introduce joint resolution to amend TX constitution 
• approved by 2/3rds majority vote --> proposal is made 

administrative & investigative powers 

oversight: requires reports from state agencies concerning their operations

• state auditor gives info to House & Senate about use of state funds by administrative agencies 

Sunset Advisory Commission: recommends continuation/merger/division/abolition of agencies 

senatorial courtesy: Senate rejects an appointment if appointee is declared "personally objectionable" by senator representing the district in which the appointee resiedes

impeachment & removal powers

• House of Representatives has power to impeach all elected state judges & justices 

impeachment: brings charges leading to possible removal of certain officials 

immunities

• can't be sued for slander 
• not held accountable for statements made in speech or debate during legislative proceeding
• may not be arrested while attending legislative session or traveling to/from meeting place 

each chamber adopts its own set of rules at the beginning of every regular session

parliamentarian: an expert on rules of order who sits at left of the presiding officer in House or Senate & provides advice on procedural questions

how a bill becomes a law

1. introduction in the House

• companion bill: filed in one house but identical/similar to a bill filed in other chamber- speeds passage of bill bc committee consideration may take place simultaneously in both houses 

2. first reading (House) & referral to committee

3. house committee consideration & report 

• bill analysis that summarizes important provisions of bill

4. second reading (House)

• ghost voting: prohibited practice of one representative pressing the voting button of another member who is absent (unless given permission)
• chubbing: representatives engage in lengthy debate for the purpose of using time & preventing a vote on a bill that they oppose 

5. third reading (House)

6. first reading (Senate)

7. Senate committee consideration & report 

• two-thirds rule: procedural device to control bringing bills to the Senate floor for debate

8. second reading (Senate)

9. third reading (Senate)

10. return to the House

11. conference committee

• committee composed of representatives & senators appointed to reach agreement on a disputed bill & recommend changes acceptable to both chambers 

12. conference committee report

13. enrollment

• bill is stamped "enrolled" & report is presented to the House

14. signatures of chief clerk & speaker

15. signatures of secretary of Senate & lieutenant governor 

16. action by governor 

• 3 options:

1. sign bill 
2. allow it to remain unsigned for 10 days- becomes law w/o chief executive's signature 
3. w/in 10 day period, veto- return to House, unsigned, w reason for veto

influences w/in legislative environment:

the Texas Legislative Council

• authorizes special research projects 
• bill drafting
• advice for legislators 
• legislative research & writing 
• publishing & document distribution
• interim study committee research support
• demograpic & statistical date compilation & analysis
• computer mapping & analysis

the House Research Organization

• independent of House leadership
• produces reports on policy issues & House procedures 
• prepares Daily Floor Report for each day the legislature is in session
• analyze important bills to be considered
• provide summary of bill content & presenting arguments for/against each bill 
• publishes report on session's important bills & resolutions

the Senate Research Center

• analyzes bills under consideration by Senate
• conducts research on diverse issues
• responds to requests from Senate members for research & info

the Center for Public Policy Priorities

• independent nonprofit 
• focus on problems of low/moderate income families

the Texas Public Policy Foundation 

• research on issues supporting limited government, free enterprise, private property rights, etc.