The Texas Legislature

A Part-Time Legislature, Weak By Design. The 1875 Texas Constitution established a bicameral, biennial, low-paid legislative branch.

A Bicameral Legislature Like the U.S. Congress and the legislatures of 48 other states, the Texas Legislature consists of two houses (Nebraska alone has a unicameral legislature). The Texas House of Representatives has 150 members who are elected to two year terms. The Texas Senate has 31 members who are elected to four year terms. All members are now elected in single-member district races; originally there were exceptions when two or more House districts were in one county. This was changed in 1971.

Biennial Sessions In order to limit the damage that the legislature can do the authors of the Texas constitution restricted the legislative session to 140 days every other year. The Regular biennial session begins on the second Tuesday in January of odd numbered years and runs for 140 days. Special sessions lasting no longer than 30 days may be called by the governor at any time. If he chooses to call one, he has the authority to specify what issue will be considered during the session.

Low-Paid Legislators. The salary for members of both houses of the Texas Legislature is $7200 per year. $600 per month!!!  Members are paid $100 per year in New Hampshire, $300 per year in Rhode Island, and $99,000 per year in California.  The Texas Constitution would have to be amended to increase this salary. There is no groundswell of support for such a change.  The intent of the framers and contemporary Texans is to establish a legislature staffed by citizen politicians.  Members also receive a $125 per diem during the regular session and any special sessions. Adjustment of this expense allowance used to require constitutional amendment; now the Texas Ethics Commission sets it.

Those Clever Fellows! Legislator pay-raises require constitutional amendment, but they passed legislation in 1975 that made themselves eligible for pensions if they serve 8 years. Retirement pay amounts to 2.25 percent of a district judge’s salary for each year served. That’s about $18,000 for a member who serves eight years, $68,000 for a member who serves 30 years.

Party Control has Shifted Recently The Democratic Party dominated Texas (and the entire South) for years. This is no longer the case. In the 1960 election Texans elected an all- Democrat legislature. Today both houses of the legislature and all statewide executive offices are under Republican control.

The Presiding Officers. The Speaker of the House of Representatives: Just like the U.S. House, the Texas House elects its speaker. The speaker is elected to the House by the people of his or her district; the speaker is elected by house members. The Lieutenant Governor (Senate): Elected in a statewide election. It is possible that the Lt. Governor could be a member of the Senate’s minority party.

The Speaker of the House The Speaker appoints all House committee chairs and vice-chairs. Appoints all members of House procedural committees (can’t remove them). Appoints House substantive committee members within limitations of seniority rule. Recognizes members who wish to speak on the House floor. Assigns all bills and resolutions to House committees. Also serves on interim committees such as the Legislative Council, The Legislative Audit Committee, and the Legislative Budget Board…..more on them later.

The Lieutenant Governor One of several members of the Texas executive branch who are elected in statewide elections (plural executive). Appoints all Senate committee chairs and vice-chairs (can’t remove them) Appoints Senate committee members. Determines which Senate committee will handle a bill. Recognizes members who wish to speak on the floor.. Votes in the event of a tie. Serves on interim committees such as the Legislative council, Legislative Budget Board, and Legislative Audit Committee…more on them later.

The Committee System There are several types of committees; all are subunits of the legislature. Like the U.s. Congress, the Texas Legislature is organized around the committee system.

Standing Committees Basic committees that do most of the work of the legislature. They are created at the beginning of the session and continue “standing” until the end of the biennium. In the absence of leadership change they will likely be recreated for the next session. They are either substantive or procedural. Substantive committees handle topics of substance….legislation. Procedural committees handle rules, calendars, and the administration of the House or Senate.

The Legislative Budget Board. The Governor and the legislature prepare budget proposals. The Governor’s role was established by the legislature 70 years ago. A 10 member interim and joint committee works continuously on the budget. Both presiding officers and four members of each house appointed by them. Traditionally includes the chairmen of appropriations and finance committees. Assisted by a staff of over 120 FT employees

Senate-House Differences. In the House the Calendar Committee sets the daily calendar. They determine when and if a bill reaches the full House for deliberation and vote. Prior to 1993 rule change the members of the Calendar Committee vote in secret. The Senate has no such committee. Instead it has a procedure that is nothing less than a game………….

The Senate Administration Committee The Senate has a strange rule known as the two- thirds rule. Non-controversial bills are scheduled by the committee. All other bills are considered in order. But, considering a bill out of order requires a two-thirds vote. At the beginning of the session a senator proposes a bogus bill….a bottleneck. It’s always next. To bypass it always requires a two-thirds vote. This in effect requires a super-majority to pass legislation.