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1) The effect that bicameralism, biennial sessions, and limited session length have on legislative policymaking in Texas 2) The job description of a member of the Texas legislature, considering qualifications, background, compensation, turnover, and term limits 3) How the Texas legislature is organized in terms of leadership, committee organization, and legislative assistance 4) The steps of the legislative process 5) The effect that the following factors have on the legislative process: legislative leadership, interest groups, constituency, political parties, and political ideology 2011, 2009, 2007 Pearson Education, Inc
The Sanctuary-Cities Bill Illegal immigration was a hot topic in the 2011 session of the Texas legislature. The proposed bill would allow police officers to inquire about the immigration status of anyone they arrested or lawfully detained, including people stopped for minor traffic offenses. 2011, 2009, 2007 Pearson Education, Inc Case Study Proponents – Necessary to identify criminal aliens engaged in drug trafficking and other offenses for possible deportation Civil rights advocates – Concerned that Latino residents would be forced to prove their immigration status whereas white and African American Texans would be unaffected
Bicameralism Bicameral (two-chamber) legislature - a House of Representatives and a Senate Texas House members elected from various districts to serve two-year terms Texas Senate - 31 senators elected from districts to serve four-year terms 2011, 2009, 2007 Pearson Education, Inc Structure The Texas Constitution assigns each legislative chamber certain powers and responsibilities.
Representation – Each House member represents approximately 139,000 individuals. Each Senate member represents approximately 673,000 constituents. 2011, 2009, 2007 Pearson Education, Inc Structure Bicameralism has supporters and critics. Conventional wisdom - bicameralism has a conservative effect on the policymaking process because two chambers must approve a measure
Session Frequency Regular Session – Every other year (biennial), in odd-numbered years, with sessions beginning on the second Tuesday in January 2011, 2009, 2007 Pearson Education, Inc Structure Special Sessions – The governor can call special sessions of the legislature May last for a maximum of 30 calendar days Number of special sessions is unlimited Annual legislative sessions? Reformers argue that the affairs of state government are now too complex to handle in biennial sessions.
Session Length Limited to a maximum of 140 calendar days 2011, 2009, 2007 Pearson Education, Inc Structure Pressure Sessions – Legislative activity in Texas thus tends to concentrate at certain times, i.e., The deadline for submitting bills and the end of the session.
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2011: The Texas House and Senate included 37 women, 36 Latinos, 16 African Americans, and 2 Asian Americans 2011, 2009, 2007 Pearson Education, Inc Membership The Texas legislature is a more diverse body than at any time in its history, but it does not provide an accurate cross-section of the state’s population. Whiter and more male than the state as a whole
Compensation Salary – Set by the Texas Constitution at $600 a month – $7,200 a year Other Compensation – Daily expense allowance of $139 when the legislature is in session 2011, 2009, 2007 Pearson Education, Inc Membership Other Benefits: One of the most generous pension plans in the nation Allowed to deposit leftover or excess campaign funds into officeholder accounts that can be used to pay for whatever expenses the lawmaker wants to cover
Legislative Turnover Replacement of individual members of the legislature from one session to the next Turnover seems to peak in the first election after redistricting. 2011: The 82nd session of the legislature had the most new members of the last decade, 40, including 32 new Republicans. 2011, 2009, 2007 Pearson Education, Inc Membership Cause of Turnover – It is more often the result of voluntary retirement, rather than election defeat. Some members leave because they cannot win reelection; others quit out of frustration.
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Leadership The Speaker of the House and the lieutenant governor are the presiding officers of the legislature. 2011, 2009, 2007 Pearson Education, Inc Organization Texas House of Representatives – The Speaker of the House is the presiding officer and is elected by the members of the House. Texas Senate – The lieutenant governor is the presiding officer and is elected by Texas citizens.
Leadership The Speaker and the lieutenant governor control many of the legislative procedures of the House and Senate, respectively. 2011, 2009, 2007 Pearson Education, Inc Organization Committee Membership – Considerable control over committee membership Appointments – Serve on and make appointments to some of the most important policymaking bodies, i.e. Legislative Budget Board (LBB) and Legislative Redistricting Board (LRB)
Committees Standing Committee – A permanent committee established to handle legislation in a certain field 2011, 2009, 2007 Pearson Education, Inc Organization Member Assignments – Most are made by the lieutenant governor and the Speaker Membership Limits – Legislators may serve on a maximum of three standing committees
Other Committees – Committees established to serve unique purposes Interim Committee – Studies a particular policy issue between legislative sessions, such as higher education or public school finance 2011, 2009, 2007 Pearson Education, Inc Organization Select or Special Committee – Established for a limited period of time to address a specific problem Conference Committee – Negotiate differences on similar pieces of legislation passed by the House and Senate
Legislative Assistance Staff Assistance – Important because legislators are essentially part-time employees asked to perform a monumental task in a limited period of time 2011, 2009, 2007 Pearson Education, Inc Organization Funding Allowance – Sufficient funds are provided to members to employ staff who perform a wide array of services Institutional Support – Members utilize support services such as the Legislative Council and the Legislative Reference Library.
Introduction of Legislation Legislation – In each legislative session, members introduce thousands of bills and hundreds of resolutions. 2011, 2009, 2007 Pearson Education, Inc The Legislative Process Bill – A proposed law Resolution – A legislative statement of opinion on a certain matter, i.e., congratulating a Texas sports team for winning a championship Joint Resolution – A resolution that must be passed by a two- thirds vote of each chamber
Committee Action Committee Assignment – After a bill or resolution has been introduced, the measure is assigned to a committee by the lieutenant governor or the Speaker. 2011, 2009, 2007 Pearson Education, Inc The Legislative Process Report Out – Proposed measures receiving a majority of affirmative votes are reported out of committee to the House or Senate floor.
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Floor Action Process by which legislation moves from committee to the floor differs in the two chambers of the Texas legislature 2011, 2009, 2007 Pearson Education, Inc The Legislative Process House of Representatives – Calendars Committee for assignment to one of the House calendars - Sets the order of priority for consideration Senate – Senate calendar of bills, which sets the order of priority for consideration of the legislative measure on the Senate floor
Floor Action House of Representatives – Consideration of measures in the order of priority set by the calendar system May vote by a two-thirds margin to consider a measure out of order 2011, 2009, 2007 Pearson Education, Inc The Legislative Process Senate – Bills from committee must be placed on a single calendar for consideration in order. Standard Practice – Legislation is commonly considered out of order by suspending the rules of priority with a two-thirds vote of the Senate
Floor Action Debate – Floor action on bills consists of members of either chamber debating the bill on its merit and perhaps offering amendments. 2011, 2009, 2007 Pearson Education, Inc The Legislative Process House of Representatives – Debate is limited so the measure eventually comes to a vote unless the session ends before action can be taken Senate – Debate can vary due to filibusters; however, a majority vote can end debate
Floor Action 2011, 2009, 2007 Pearson Education, Inc The Legislative Process Majority Vote – Ordinary legislation requires a majority vote of those members present and voting Two-Thirds Majority – Constitutional amendments require a two-thirds vote of each chamber House of Representatives – Vote electronically, and a scoreboard displays each vote Senate – Vote by roll call
Conference Committee Action Final Passage – A proposed measure has not cleared the legislature until it has passed both chambers in identical form. 2011, 2009, 2007 Pearson Education, Inc The Legislative Process Conference Committee – Created to negotiate differences between pieces of legislation passed by the House and Senate Reporting Out – Once conference committee members reach an agreement, the committee returns it to the floors of the House and Senate for another vote. Accept or Reject – The House and Senate must accept or reject the piece of legislation in its entirety.
Once a bill passes the legislature, it goes to the governor, who has three options: 1) Take No Action – The bill becomes law after ten days if the legislature is in session 2) Approve the Legislation – Sign the bill into law 3) Veto – Issue a veto on the entire bill Line-Item Veto – Only on appropriation bills 2011, 2009, 2007 Pearson Education, Inc Action by the Governor Governor’s veto can be overridden by a two-thirds vote of each chamber if the legislature is still in session
Texas Legislature Fails to Pass Guns-on-Campus Legislation. Would have allowed students, faculty, and staff with concealed handgun licenses to carry their weapons on campus 2011, 2009, 2007 Pearson Education, Inc Breaking News! Wasn’t guns-on-campus legislation expected to pass? With that level of support, what could go wrong? What went wrong in the House? Is there sufficient time to get all of these lawsuits settled before the next election?
Legislative Process 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking Several factors affect the legislative process Legislative leadership Interest groups Constituency Political parties Political ideology.
Legislative Leadership The speaker of the House and the lieutenant governor are the most powerful figures in the Texas legislature. 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking Centralized power is an important factor in the Texas legislative process. Historically, the most effective legislative leaders have exercised their authority in a fashion that most members consider fair.
Interest Groups Influence the legislative process by contributing money to candidates Groups give money to candidates because they want legislative access – an open door through which an interest group hopes to influence the details of policy. 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking Lobbying – Communication of information by a representative of an interest group to a government official for the purpose of influencing a policy decision
Constituency – To what extent do the actions of legislators reflect the wishes of their constituents? Traditional model – Candidates make promises during the election campaign and then keep (or fail to keep) them. Second model – Do what they think their constituents will approve of at the next election Third model – Use common sense and good judgment to do what is best for their constituents and the state as a whole Fourth model – Sometimes represent constituents outside their districts, such as campaign contributors 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking
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Political Parties For most of the state’s history, Texas had a nonpartisan legislature Political parties played little or no role Nearly every legislator was a Democrat 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking The Texas legislature is not yet as partisan as the U.S. Congress, but it is moving in that direction. Party politics affected the outcome of the battle over sanctuary-cities legislation. Democrats opposed the measure; Republicans were split.
Political Ideology Liberalism – Seeks to change the political, economic, or social institutions of society to foster the development and well-being of the individual Conservatism – Seeks to preserve the political, economic, and social institutions of society against abrupt change 2011, 2009, 2007 Pearson Education, Inc Legislative Policymaking Liberals usually favor government regulation and high levels of spending for social programs. Conservatives generally oppose most government economic regulation and heavy government spending while favoring low taxes and traditional values. Historically, conservatives have dominated the Texas legislature, and legislative policies have reflected their political values.