1. The Legislative Branch
Chapter 8

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
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.
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.
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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
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4. Legislative Framework
Districting
Approximately equal districts
Based on federal decennial census
State legislative districts
Reynolds v. Sims (population-based)
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.
Learning Check 8.1
1. In which type of legislative session does a governor have more authority: a regular session or a special session?
2. True or False: Gerrymandered districts are illegal.
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.
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5. 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
Critical Thinking Question: What do longer residency requirements and being older suggest about the role of senators compared to representatives?
Learning Check 8.1
In which type of legislative session does a governor have more authority: a regular session or a special session?
True or False: Gerrymandered districts are illegal.
Table 8.1
Source: Constitution of Texas, Art. 3, Secs. 6 and 7.
Learning Check
Critical Thinking
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6. 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.
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.
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7. 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
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8. 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
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9. Legislators Compensation Retirement pension Complex formula
Many don’t serve long enough to qualify
But payments may begin at relatively young age
Learning Check 8.2
1. True or False: A formal qualification for a member of the Texas legislature is that she or he must be a practicing Christian.
2. During a legislator’s term of office, which will be higher: legislators’ salaries or their expense allowances?
Learning Check
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10. 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,
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11. 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
Critical Thinking Question: How is the lieutenant governor more powerful than the Speaker of the House?
president of the Senate: Title of the lieutenant governor in his or her role as presiding officer for the Texas Senate.
Critical Thinking
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12. 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.
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13. 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.
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14. Legislative Organization
Legislative Caucus System
Party caucuses
Racial/ethnic caucuses
Ideological caucuses
Bipartisan caucuses
Learning Check 8.3
1. True or False: The Speaker of the House of Representatives presides over that body but cannot vote on a
bill or resolution.
2. In the Texas Senate, who determines the committee to which a bill will be sent after its introduction?
legislative caucus: An organization of legislators who seek to maximize their influence over issues in which they
have a special interest.
Learning Check
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15. Legislative Operations
Powers and Immunities
Making public policy
Resolutions
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.
Bills: special, general or local
Bill: a proposed law or statue.
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.
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16. Legislative Operations
Powers and Immunities
Constitutional amendment power
Administrative and investigative powers
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.
Impeachment and removal powers
Immunities
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.
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.
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17. 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.
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18. 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)
Timeline: 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.
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.
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19. 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
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20. Legislative Operations
How a Bill Becomes a Law
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.
Learning Check 8.4
1. What is the most typical way in which the legislature exercises its legislative power?
2. True or False: Members of the Texas House of Representatives have no way to delay a vote on a bill through debate.
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.
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21. Influences Within the Legislative Environment
Constituents
Lobbyists (special interests)
Presiding officers
Events
Governor
Research organizations
Attorney general and judges
Media
State comptroller
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22. 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
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23. Influences Within the Legislative Environment
The Media
Social media influence
Online news sites
Texas Tribune
Quorum Report
Austin-American Statesman
Texas Monthly
Texas Insider
Learning Check 8.5
1. True or False: The House Research Organization influences the House through the Daily Floor Report, which presents arguments for and against each bill.
2. How do social media provide insight on media sources that are important to legislators?
Learning Check
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