Chapter 8: The Texas Legislature

Legislative Functions Enacting Laws Every two years, the legislature makes laws and proposals for constitutional amendments. Requires compromise and accommodation of competing ideas and interests

Legislative Functions Budgeting and Taxes The legislature establishes programs providing a variety of public services and sets the budget for state government. It decides whether state taxes should be increased, how high they should be increased, and how the tax burden should be distributed.

Legislative Functions Overseeing State Agencies The legislature assigns state agencies the task of carrying out the laws on a day-to-day basis. Review or oversight is achieved through legislative budget hearings, other committee investigations, and program audits. The Senate influences policy by confirming or rejecting the governor’s appointees.

Legislative Functions Educating the Public Lawmakers try to inform the public about their own actions and the actions of the legislature. They use speeches, letters to constituents, news releases, and the Internet.

Legislative Functions Representing the Public Lawmakers must demonstrate concern for the attitudes and demands of their constituents. They use public opinion polls, questionnaires, and town hall meetings to learn how their constituents feel.

Organization of the Texas Legislature and Characteristics of Members Legislative Sessions The constitution limits the legislature to a regular session of 140 days every two years. Thirty-day special sessions are called by the governor and limited to those issues included in the call.

Characteristics of the Texas Legislature Terms of Office and Qualifications Representatives serve for two-year terms and senators for four-year staggered terms. Representatives must be at least twenty-one years old and a qualified voter residing in Texas for two years. A senator must be at least twenty-six years old and a qualified voter living in Texas for five years. Legislators must live in the district for one year.

Organization of the Texas Legislature and Characteristics of Members Pay and Compensation Salaries set in 1975 at $7,200 per year Since 1991, receive per diems of $139 during sessions Salary increases require voter approval. Texas Ethics Commission makes salary recommendations. Retirement compensation is based on the salaries of state judges.

Organization of the Texas Legislature and Characteristics of Members Physical Facilities The Texas Capitol is one of the largest state capitol buildings in the country. Renovations have expanded office facilities and modernized the entire facility. When the House or Senate is in session, access to the floor is restricted.

Organization of the Texas Legislature and Characteristics of Members Membership Republicans had a 19–12 majority in the Texas Senate and a 102–48 majority in the Texas House. The Senate had two African American members, seven Hispanics, and six women. The House included seventeen African Americans, thirty Hispanics, two Asian Americans, and thirty-two women. Business or law is the job of most legislators.

Organization of the Texas Legislature and Characteristics of Members Legislative Careers Former legislative aides, former prosecutors, and former city council and school board members Fifteen of the thirty-one senators in 2011 had previously served in the House. Many first-term legislators arrive in Austin with relatively little political experience.

Organization of the Texas Legislature and Characteristics of Members Legislative Turnover Low compared to other states Average length of service in the House is eight years and 14.7 years in the Senate. Key reasons for turnover are as follows: Legislative redistricting Take other government positions Voluntary retirement

Representation and Redistricting Legislature uses single-member districts Redistricting done every ten years following the national census Legislature controls redistricting Legislative Redistricting Board Court Intervention in Redistricting Baker v. Carr (1962) Reynolds v. Sims (1964) Kilgarlin v. Martin (1964)

Representation and Redistricting 1975 amendments to the Voting Rights Act placed Texas under the law. Changes have increased minority and Republican representation. Issues of racial and partisan gerrymandering remain. Partisan battles erupted over redistricting efforts in 2001, 2003, and 2011.

Legislative Leaders and Committees Legislative Leadership House Leadership Speaker of the House  Elected from the House membership  Serves as presiding officer  Controls committee assignments  Names a speaker pro-tempore

Legislative Leaders and Committees Legislative Leadership Senate Leadership Lieutenant governor is president of the Senate  Elected statewide to a four-year term  Greater control over the Senate agenda and committee assignments than speakers in the House  Vacancy filled by one of the thirty-one senators that has been picked to be the president pro-tempore of the Senate  Chosen or rotated based on seniority  Third in line of succession to the governor

Legislative Leaders and Committees Control over the Legislative Process Speaker and Lieutenant Governor Make committee appointments Determine committee jurisdiction over bills Floor Debate and Voting Presiding officers use rules upon advise by House and Senate parliamentarians. Lt. governor votes only in case of a tie. Speaker may vote to give direction to members. The Leadership Team Committee chairs act as unofficial floor leaders.

Legislative Leaders and Committees The Committee System Standing Committees Consist of five to fifteen members in the Senate Consist of five to twenty-nine members in the House Substantive Committees  Focus on specific types of legislation  Hold public hearings and evaluate bills Procedural Committees  Rules and Resolutions Committee  House Calendars Committee

Legislative Leaders and Committees The Committee System Conference Committees Composed of five House representatives and five senators Resolve differences between bills passed by the House and Senate Conference bills require House and Senate approval.

Legislative Leaders and Committees The Committee System Select Committees Also called special committees; appointed by the governor, lt. governor, or speaker Study major policy issues May include private citizens Can recommend legislation

Legislative Leaders and Committees Legislative Staff Staff provides legislators with information on administrative agencies and supports efforts to review the performance of state agencies. Staff includes the personal staff, committee staff, budget staff (LBB), staff of the Sunset Advisory Commission, and the research staff.

Rules and the Lawmaking Process The Lawmaking Process Bill Introduction (first reading) Committee Action (consideration of bill) Public hearings, studies, and amendments Floor Action (second and third readings) Bill debated, amendments offered, and votes taken Conference Committee (compromise bill) Action by the Governor Signs a bill into law or lets it pass without signing it Uses veto or line-item veto

Rules and the Lawmaking Process Procedural Obstacles to Legislation Determines if a bill will be debated House Calendars Committee Senate two-thirds rule and daily intent calendar Tags Delays a Senate committee hearing for forty-eight hours Filibuster Speak against a bill for as long as a senator can stand and talk

Rules and the Lawmaking Process Shortcuts, Obfuscation, and Confusion Attach one piece of legislation to another bill Can be challenged as not germane to the bill Place items on local and consent calendar Bills approved without debate Compromise and consensus building Takes place behind closed doors May discourage or prevent open debate Record votes required on final passage Division votes allowed for amendments

Rules and the Lawmaking Process Legislative Norms Legislators have perceptions of how they are expected to carry out their responsibilities. Rules and norms are designed to give conflict an element of civility. Legislators learn decorum and courtesy. Personal attacks on other legislators are considered unacceptable.

The Emerging Party System The Growth of Partisanship Issue Divisions Taxes and revenue shortfalls in 1987 and 2003 Cuts in social services Abortion, hate crimes legislation, and school vouchers Republican majorities in the House and Senate Changing seniority rules in the House Key committees stacked with Republicans

The Emerging Party System Republicans Take Control In the 2002 elections, the Republicans increased their Senate majority to 19–12. In the 2002 elections, the Republicans won a 88–62 majority in the Texas House. In the 2010 elections, the Republicans held on to all twenty-nine statewide positions.

The Emerging Party System Other Legislative Caucuses Legislators organize around issues, local constituencies, ideology, gender, and race. Hispanic and African American caucuses Harris County representatives Influence speaker elections Help resolve statewide issues

Legislative Behavior Legislators and Their Constituents Represent Constituencies Made up of diverse groups Determine the will of the people Voters pay little attention to legislators’ voting records. Stay in Touch with Constituents Monitor letters, phone calls, s, and petitions Mail newsletters and distribute surveys

Legislative Behavior Legislative Decision Making Factors Shaping Decisions Constituents and public opinion Information and cues from lawmakers Evaluations by legislative staff Information from interest groups Governor and other statewide officials The mass media Personal attitudes and opinions

Legislative Behavior Legislative Styles Workhorses master the process and spend endless hours producing legislation. Grandstanders enhance their own reputations. Opportunists pursue personal or political gains for themselves. Spectators are uninterested in the drudgery of the job.

Legislative Ethics and Reform Ethnics Reform Law of 1991 Additional disclosure of lobbying expenditures Limitations on junkets and honoraria The creation of an ethics commission No limits on PAC contributions $5,000 fine imposed on violations $10,000 fine imposed on “frivolous” charges

Discussion Question The Question of Legislative Ethics What constitutes inappropriate public behavior? What kinds of laws would be effective in controlling these abuses?