Housekeeping Midterm Results: Last Day to Withdraw – Monday, June 25th Will have graded by Friday, June 21st Last Day to Withdraw – Monday, June 25th Group Projects & Presentations Due: July 3, 2018 Final – Thursday, July 5, 2018 Departmental Final

“The executive branch has grown too strong, the judicial branch too arrogant and the legislative branch too stupid.” - Lyn Nofziger

“We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.” - Alan Dershowitz

The Legislative Branch Chapter 8 The Legislative Branch

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 bicameral: A legislature with two houses or chambers, such as Texas’s House of Representatives and Senate. Unicameral: A one-house legislature, such as the Nebraska legislature. Regular session: A session of the Texas legislature that is constitutionally mandated and begins on the second Tuesday in January of odd-numbered years and lasts for a maximum of 140 days.

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

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 Special session: a legislative session called by the governor and limited to no more than 30 days. Redistricting: redrawing of boundaries after the deferral decennial census to create districts with approximately equal population (e.g., legislative, congressional, and State Board of Education districts in Texas). Local governments must also redistrict of some positions. As a result of the 2010 federal census, redistricting provided each state representative district with an ideal population of 167,637 (total state population divided by 150). gerrymandering: Drawing the boundaries of a district, such as a state senatorial or representative district, to include or exclude certain groups of voters and thus affect election outcomes. single-member district: An area that elects only one representative to a policymaking body, such as a state House, state Senate, or U.S. Congress. Multimember district: a district in which all voters participate in the election of two or more representatives to a policymaking body, such as a state House or state Senate.

Court-Ordered Interim Texas State Senate Districts (for electing state senators in 2012–2014) Figure 8.1 Court-Ordered Interim Texas State Senate Districts (for electing state senators in 2012–2014). The accompanying map shows districts wholly or partially within Harris County.

Court-Ordered Texas State House Districts (for electing state representatives in 2012–2014) Figure 8.2. The accompanying map shows districts wholly or partially within urban counties.

Constitutional Qualifications for Membership in the Texas Legislature House Senate Citizenship U.S. citizen Voter status Qualified Texas voter Residence in district One year preceding election Texas residence Two years preceding election Age 21 years 26 years Source: Constitution of Texas, Art. 3, Secs. 6 and 7.

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 Central city residents usually elect African American and Latino Democrats, whereas Republican senators and representatives receive their strongest support from rural and suburban Anglo voters. Residents of Mexican border districts largely elect Latino Democrats.

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

Legislators Compensation Pay and per diem allowance Expense allowances $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

Legislators Compensation Retirement pension Complex formula Many don’t serve long enough to qualify But payments may begin at relatively young age

Annual Salary of Legislators for the Year of Last Regular Session Most Populous U.S. States Annual Salary U.S. States Bordering Texas California $90,526 Arkansas $15,869 Florida $29,697 Louisiana $16,800* New York $79,500 New Mexico $0** Texas $7,200 Oklahoma $38,400 *Legislators in Louisiana also receive a $6,000 per year expense allowance. **Legislators in New Mexico receive mileage and a per diem allowance but no annual salary. Source: National Council of State Legislatures, ‘‘2013 State Legislators Compensation Data,’’ March 15, 2013, http://www.ncsl.org/research/about-statelegislatures/2013-ncsl-legislator-salary-and-per-diem.aspx.

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 president of the Senate: Title of the lieutenant governor in his or her role as presiding officer for the Texas Senate.

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 Speaker of the House: The state representative elected by House members to serve as the presiding officer for that chamber. Speaker candidates must file with the Texas Ethics Commission. No limitations on donations exist. According to judicial decision, any attempts to limit spending are unconstitutional because such restrictions would ‘‘significantly chill political speech protected by the First Amendment’’ of the U.S. Constitution.

Legislative Organization Committee System House Committees Substantive Procedural Select Senate Committees Standing Select Special interim substantive committee: Appointed by the House Speaker, this committee considers bills and resolutions related to the subject identified by its name (such as the House Agriculture Committee) and may recommend passage of proposed legislation to the appropriate calendars committee. procedural committee: These House committees (such as the Calendars Committee and House Administration Committee) consider bills and resolutions relating primarily to procedural legislative matters. select committee: This committee, created independently by the House Speaker, may consider legislation that crosses committee jurisdictional lines or may conduct special studies. standing committee: A Senate committee appointed by the lieutenant governor for the purpose of considering proposed bills and resolutions before possible floor debate and voting by senators.

Legislative Organization Legislative Caucus System Party caucuses Racial/ethnic caucuses Ideological caucuses Bipartisan caucuses legislative caucus: An organization of legislators who seek to maximize their influence over issues in which they have a special interest.

Legislative Operations Powers and Immunities Making public policy Resolutions Simple resolution Concurrent resolution Joint resolution Bills: special, general or local simple resolution: A resolution that requires action by one legislative chamber only and is not acted on by governor. concurrent resolution: A resolution adopted by House and Senate majorities and then approved by the governor (for example, a request for action by Congress or authorization for someone to sue the state). joint resolution: A resolution that must pass by a majority vote in each house when used to ratify an amendment to the U.S. Constitution. As a proposal for an amendment to the Texas Constitution, a joint resolution requires a two thirds majority vote in each house. Bill: a proposed law or statue.

Legislative Operations Powers and Immunities Constitutional amendment power Administrative and investigative powers Oversight Senatorial courtesy Impeachment and removal powers Immunities oversight: A legislative function that requires reports from state agencies concerning their operations; the state auditor provides information on agencies’ use of state funds. senatorial courtesy Before making an appointment, the governor is expected to obtain approval from the state senator in whose district the prospective appointee resides; failure to obtain such approval will probably cause the Senate to ‘‘bust’’ the appointee.

Legislative Operations Rules and Procedures Each chamber adopts own rules Procedural issues decided by presiding officer Impeachment: process in which the Texas House of Representatives, by a simple majority vote, initiates action (brings charges) leading to possible removal of certain judicial and executive officials (e.g., the governor by the Senate.

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) The Texas Constitution calls for regular legislative sessions divided into three periods for distinct purposes. The first 30 days are reserved for the introduction of bills and resolutions, action on emergency appropriations, and the confirmation or rejection of recess appointments (appointments made by the governor between sessions). The second 30 days are generally devoted to committee consideration of bills and resolutions. The remainder of the session, 80 days, is devoted to floor debate and voting on bills and resolutions.

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

Legislative Operations How a Bill Becomes a Law Parliamentarian Companion bill Ghost voting Chubbing (House) Two-thirds rule Filibustering (Senate) parliamentarian: An expert on rules of order who sits at the left of the presiding officer in the House or Senate and provides advice on procedural questions. companion bill: Filed in one house but identical or similar to a bill filed in the other chamber; speeds passage of a bill because committee consideration may take place simultaneously in both houses. ghost voting; A prohibited practice whereby one representative presses the voting button of another House member who is absent. chubbing: A practice whereby representatives engage in lengthy debate for the purpose of using time and thus preventing floor action on a bill that they oppose. two-thirds rule: A procedural device to control bringing bills to the Senate floor for debate. filibustering: A delaying tactic whereby a senator may speak, and thus hold the Senate floor, for as long as physical endurance permits, unless action is taken to end the filibuster.

Route Followed by a House Bill from Texas Legislature to Governor

Influences Within the Legislative Environment Constituents Lobbyists (special interests) Presiding officers Events Governor Research organizations Attorney general and judges Media State comptroller

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

Influences Within the Legislative Environment The Media Social media influence Online news sites Texas Tribune Quorum Report Austin-American Statesman Texas Monthly Texas Insider