The Legislative Branch Chapter 8

Learning Objectives 8.1 Describe the structure of the Texas legislature. 8.2Describe the membership of the Texas legislature, including legislators’ formal and informal qualifications and compensation. 8.3 Compare the organization of the Texas House of Representatives and the Texas Senate. 8.4 Outline the responsibilities of the Texas legislature. 8.5Explain the influences on legislators’ voting decisions. Copyright © 2016 Cengage Learning. All rights reserved. 2

Legislative Framework  Election and Terms of Office  Bicameral  House: 150 members, two-year terms  Senate: 31 members, four-year terms  Begin January in odd-numbered years Copyright © 2016 Cengage Learning. All rights reserved. 3

Legislative Framework  Sessions  Regular session  Begins on second Tuesday in January, of odd- numbered years  140 days maximum  Special session  Called by governor  30 days maximum Copyright © 2016 Cengage Learning. All rights reserved. 4

5 Critical Thinking Question: Would a unicameral legislature benefit or harm Texas? Senator Wendy Davis (D-Ft. Worth) successfully filibusters a bill to reduce the number of abortion providers in Texas during the First Special Session of the 83 rd Legislature. The bill had passed in the Texas House of Representatives.

Legislative Framework  Districting  Approximately equal districts  Based on federal decennial census  State legislative districts  Reynolds v. Sims (population-based)  Gerrymandering  Single-member district  Redistricting  Shelby County v. Holder Copyright © 2016 Cengage Learning. All rights reserved. 6 Learning Check

Court-Ordered Interim Texas State Senate Districts (for electing state senators in 2012–2014) Copyright © 2016 Cengage Learning. All rights reserved. 7 Critical Thinking Question: Should drawing maps that favor the election of members from a specific political party be illegal?

Court-Ordered Texas State House Districts (for electing state representatives in 2012–2014) Copyright © 2016 Cengage Learning. All rights reserved. 8 Critical Thinking Question: Should state representatives be elected on a multimember or single-member basis?

Constitutional Qualifications for Membership in the Texas Legislature QualificationHouseSenate CitizenshipU.S. citizen Voter statusQualified Texas voter Residence in district One year preceding election Texas residenceTwo years preceding election Age21 years26 years Copyright © 2016 Cengage Learning. All rights reserved. 9 Source: Constitution of Texas, Art. 3, Secs. 6 and 7. Critical Thinking Learning Check

Legislators  Qualifications and Characteristics  Informal  Gender and ethnic classifications  Dominated by Anglo males, but improving  Political party affiliation  Republican majority  Education and occupation  Mostly college-educated; often attorneys or businesspeople Copyright © 2016 Cengage Learning. All rights reserved. 10

Copyright © 2016 Cengage Learning. All rights reserved. 11 State Senator Leticia Van de Putte, a Latina, mother of six children, and a pharmacist, waves to the crowd before giving remarks at a Planned Parenthood rally at the state Capitol on March 8, Austin American- Statesman/World Picture Network LLC Critical Thinking Question: How would increasing the number of women in elected office affect public policy?

Legislators  Qualifications and Characteristics  Informal  Religious affiliation  Mostly Christian-affiliated  Legislative experience  Recent House turnover rate 17%  Recent Senate turnover rate 9%  Usually more effective with experience  No term limits Copyright © 2016 Cengage Learning. All rights reserved. 12

Legislators  Compensation  Pay and per diem allowance  $7,200 annually (since 1975)  $150 daily per diem  Expense allowances  Official travel within Texas, postage, office operations and staff  House members = about $13,000 monthly  Senate members = about $38,000 monthly Copyright © 2016 Cengage Learning. All rights reserved. 13

Legislators  Compensation  Retirement pension  Complex formula  Many don’t serve long enough to qualify  But payments may begin at relatively young age Copyright © 2016 Cengage Learning. All rights reserved. 14 Learning Check

Annual Salary of Legislators for the Year of Last Regular Session Copyright © 2016 Cengage Learning. All rights reserved. 15 Most Populous U.S. States Annual Salary U.S. States Bordering Texas Annual Salary California$90,526Arkansas$15,869 Florida$29,697Louisiana$16,800* New York$79,500New Mexico$0** Texas $7,200Oklahoma$38,400

Legislative Organization  Presiding Officers  President of the Senate: The Lieutenant Governor  Not a member of the Senate  Plays leading role in legislative matters  Elected for four-year term (by citizens)  Most powerful elected official  Votes only to break a tie vote Copyright © 2016 Cengage Learning. All rights reserved. 16 Critical Thinking

Legislative Organization  Presiding Officers  Speaker of the House  Serves as representative  Elected by members to two-year term  Controls House proceedings  Creates and abolishes committees  Votes (rarely) on bills and resolutions Copyright © 2016 Cengage Learning. All rights reserved. 17

Legislative Organization  House Committees  Substantive  Procedural  Select  Senate Committees  Standing  Select  Special interim Copyright © 2016 Cengage Learning. All rights reserved. 18 Committee System Critical Thinking Question: How could serving on a specific committee benefit a legislator?

Legislative Organization  Legislative Caucus System  Party caucuses  Racial/ethnic caucuses  Ideological caucuses  Bipartisan caucuses Copyright © 2016 Cengage Learning. All rights reserved. 19 Learning Check

Copyright © 2016 Cengage Learning. All rights reserved. 20 Critical Thinking Question: What is the appropriate relationship between elected officials who are members of opposing political parties? State Senators Dan Patrick (R-Houston) and Leticia Van de Putte (D- San Antonio) discuss an issue during the 82 nd Legislature. The two opposed each other in 2014 as nominees for their respective parties in the race for lieutenant governor. Patrick won that election.

Legislative Operations  Powers and Immunities  Making public policy  Resolutions  Simple resolution  Concurrent resolution  Joint resolution  Bills: special, general or local Copyright © 2016 Cengage Learning. All rights reserved. 21

Legislative Operations  Powers and Immunities  Constitutional amendment power  Administrative and investigative powers  Oversight  Senatorial courtesy  Impeachment and removal powers  Immunities Copyright © 2016 Cengage Learning. All rights reserved. 22

Legislative Operations  Rules and Procedures  Each chamber adopts own rules  Procedural issues decided by presiding officer Copyright © 2016 Cengage Learning. All rights reserved. 23

Legislative Operations  How a Bill Becomes a Law 1. Introduction in the House 2. First Reading (House) and Referral to Committee 3. House Committee Consideration and Report 4. Second Reading (House) 5. Third Reading (House) 6. First Reading (Senate) 7. Senate Committee Consideration and Report 8. Second Reading (Senate) Copyright © 2016 Cengage Learning. All rights reserved. 24

Legislative Operations  How a Bill Becomes a Law (cont.) 9. Third Reading (Senate) 10. Return to the House 11. Conference Committee 12. Conference Committee Report 13. Enrollment 14. Signatures of the Chief Clerk and Speaker 15. Signatures of Secretary of Senate and Lieutenant Governor 16. Action by the Governor Copyright © 2016 Cengage Learning. All rights reserved. 25

Legislative Operations  How a Bill Becomes a Law  Parliamentarian  Companion bill  Ghost voting  Chubbing (House)  Two-thirds rule  Filibustering (Senate) Copyright © 2016 Cengage Learning. All rights reserved. 26 Learning Check

Route Followed by a House Bill from Texas Legislature to Governor Copyright © 2016 Cengage Learning. All rights reserved. 27 Critical Thinking

Influences Within the Legislative Environment Constituents Presiding officers Governor Attorney general and judges State comptroller Lobbyists (special interests) Events Research organizations Media Copyright © 2016 Cengage Learning. All rights reserved. 28

Influences Within the Legislative Environment  Research Organizations  The Texas Legislative Council  The House Research Organization  The Senate Research Center  The Center for Public Policy Priorities  The Texas Public Policy Foundation Copyright © 2016 Cengage Learning. All rights reserved. 29

Influences Within the Legislative Environment  The Media  Social media influence  Online news sites  Texas Tribune  Quorum Report  Austin-American Statesman  Texas Monthly  Texas Insider Copyright © 2016 Cengage Learning. All rights reserved. 30 Learning Check

TX Sen Wendy Davis—Abortion Bill—Never Give Up Copyright © 2016 Cengage Learning. All rights reserved. 31 Click on picture to view video

Video Discussion Questions 1.What is the purpose of a filibuster? 2.What interests or groups does Senator Wendy Davis represent? 3.Is it easier to pass or to defeat legislation in Texas? Copyright © 2016 Cengage Learning. All rights reserved. 32