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Texas Legislature
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Bicameralism House Senate 150 members 2-year terms 31 members
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Bicameralism: Texas v. National Legislature
One senator per district (about the size of a U.S. House district) Two senators per “district” (where the district is a state) When a House-authored bill returns with Senate Amendments, the house can accept the amendments, reject them, or reject them and request a conference committee. While the motion to do one of these things can technically be made by anyone, there is a tradition of giving the author of the bill first crack at deciding what approach to take.
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A “Non Professional” Legislature
Regular sessions biennial (140 days) Interim committees (a few days per month) Special sessions Governor calls and sets agenda (lots of power here!) Can draft the initial proposal Can promise new agenda items in return for votes 30 days each Low salary ($7,200 per year + per diem) Sessions begin in January of odd-numbered years (right after November elections) In addition to the salary, legislators earn a per diem of $128 for every day the legislature is in session (this is presumably to cover the cost of being away from home – having to eat at restaurants, short term housing, etc. Assuming no special sessions (just regular session), a legislator earns $32,320 for a two year term (or just over $16,000 per year – below the federal poverty level). Assuming 4 special sessions in a two year term –- which is generous, frankly – you end up with combined compensation of $47, 680 for two years (or just under $24,000 per year). Not much. Especially when
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Compensation Comparison
Average Annual Compensation (No Special Sessions) $16,160 Federal Poverty Level (Family of Four ) $19,307 Average Annual Compensation (Four Special Sessions) $23,840 National Median Annual Household Income (2004) $44,389
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Consequences You have to have a flexible schedule
You have to have a job that pays well during the “off time” Lots of lawyers fit the bill, most blue collar laborers do not Gives special interests a lot of power Legislators work as lawyers/lobbyists during off season Rely on interest groups to provide information and bills Gives governor power because the threat of calling a special session is big – these people have jobs to get back to, commitments at home to honor. So the threat of the governor saying “you deal with my priority issues or I will call a special session”, that’s a powerful incentive. Gives lobbyists a lot of power because (1) many legislators work as lawyers during the “off season” and many of them end up lobbying the administrative agencies on behalf of clients (who better to be a lobbyist than someone who is part of the government process), but they bring both expertise and, potentially, threat to the table – undue influence; and (2) lobbyists and interest groups often do the legwork for the legislature, providing information in summary form, drafting proposed legislation, etc., because the legislators don’t have the time to consider everything by themselves.
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Powers of Texas Legislature
Pass laws Constituent service Investigation Oversight Impeachment This should look familiar – same stuff the national legislature does!
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Texas and U.S. Legislative Processes: Important Differences
U.S. VP is figurehead as “President of Senate” U.S. House – debate and amendment on floor controlled by Rules Committee Lt. Governor is the real presiding officer of Texas Senate Texas House – debate and amendment on floor controlled by Speaker of the House Lt. Governor actually presides over the senate, meaning he gets to make committee assignments! He also gets to make committee assignments (and has tremendous latitude in doing so – only requirement is that 3 or 4 members of the committee must have been on the committee in the last session). Finally, the Lt. Governor has control over the schedule: TX senate rules require that bills be taken in order, so if you want to take something *out of order*, you have to make a motion and receive 2/3 vote to suspend rules. But to make the motion, you have to be recognized by the Lt.Governor, so he can just ignore you and thus prevent your bill from being heard. (note that taking things out of order can be significant because the legislative session is so short!)
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Texas and U.S. Legislative Process: Important Differences
U.S.: fewer than 10 days in legislative session – Pocket Veto President must accept or reject whole bill Texas: fewer than 10 days in legislative session – Gov has 20 days to sign or veto, no Pocket Veto Texas: Line Item Veto for appropriations If Governor doesn’t sign or veto bill within 20 days, it becomes law. Note that in the 1990s, the Supreme Court found that the national line item veto was unconstitutional -- why?
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Other Players in the Legislative Process
Interest Groups Propose legislation Persuade public/legislature/executive Executive (more to come!) Bureaucracy (more to come!) Courts (more to come!)
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