1. Chapter 7
The Legislature

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learning objectives
LO 7.1 Describe the limits on the Texas legislature and evaluate the concept of the “citizen legislature.”
LO 7.2 Analyze the selection of Texas legislators, their qualifications, elections, and the impact of redistricting.
LO 7.3 Analyze the organization of the Texas legislature including the powers of the presiding officers and the committee structure.
LO 7.4 Analyze the legislative process and how a bill becomes a law.
LO 7.5 Describe the legislature’s institutional tools of leadership.
LO 7.6 Apply what you have learned about the Texas legislature.
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3. the limit legislature The Legislative Session Term limits
Senators: 4-year terms
Representatives: 2-year terms
Biennial session in odd-numbered years
Special session
Term limits Legally mandated restrictions on the number of times that a politician can be reelected to an office or the number of years that a person may hold a particular office.
Special session: A 30-day session of the legislature that can only be called by the governor, which takes place after a regular session to complete work or to consider the agenda set by the governor.
What is the downside to biennial legislative sessions?
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4. the limited legislature
The Legislative Session (cont.)
Factors leading to diminishing legislative effectiveness:
Low salaries
Short sessions
Heavy workloads
Inadequate staff and clerical assistance
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5. the limited legislature
Legislative Salaries and Compensation
Annual salary of $7,200 and per diems
Legislators must obtain their primary income from other sources
Retainer fees
Consulting fees
Per diem The amount paid each day that a legislator is working, both in regular and special sessions, and when committees meet during the interim between sessions.
Retainer Fees: Fees charged by lawyer-legislators for services to clients, including those who have business with state agencies or may have lawsuits against state agencies.
Consulting Fees: Fees charged by legislators who may contract with business clients to consult on matters pending in the legislature, thereby helping clients to benefit from legislation currently active in the legislature.
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6. Full-Time and “Citizen” Legislature
Figure 7.1 How Does Texas Compare? Limits on Legislative Terms, Salaries and Sessions
Note that most large states have full-time legislatures with unlimited annual sessions and yearly salaries over $40,000. In contrast, Texas is among the states that have a “citizen” legislature with limited, biennial sessions and salaries set below $10,000. Many state legislatures have elements of both types.
Source: Based on data from The Book of the States, 2013 (Lexington, KY: Council of State Governments, 2014), Tables 3.2 and 3.9.
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7. the limited legislature
Legislative Staff
Legislature provided minimal funds and staffing
Representatives: 3 to 4 staff members
Senators: 7 to 14 staff members
Nonpartisan information services
House Research Organization
Senate Research Center
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8. Formal Qualifications
ELECTING LEGISLATORS
Formal Qualifications
Senator
U.S. citizen
Qualified voter
Age 26+
Residency for 5 years; (home district for 1 yr)
Representative
U.S. citizen
Qualified voter
Age 21+
Residency for 2 years; (home district for 1 yr)
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ELECTING LEGISLATORS
Informal Qualifications
Party affiliation
Democrats dominant until 1990s
Republicans now dominate both houses
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10. Partisanship in the Texas House of Representatives, 2003 to the Present
Why is it important which party controls the legislature?
Figure 7.2 This figure shows the percentage of Republican house members since 2003.
Why is it important which party controls the legislature?
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ELECTING LEGISLATORS
Informal Qualifications
Campaign funding
Demographic identity
Some diversity, but Anglo males are over-represented
Descriptive representation
Women most under-represented group
Descriptive representation: The idea that elected bodies should accurately represent not only constituents’ political views but also the ethnic and social characteristics that affect their political perspectives
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ELECTING LEGISLATORS
Informal Qualifications
Occupation
60+% business owners, executives or lawyers
Education
One of best-educated in U.S.
First in percentage of lawyers
Economic status
Descriptive representation: The idea that elected bodies should accurately represent not only constituents’ political views but also the ethnic and social characteristics that affect their political perspectives
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ELECTING LEGISLATORS
Geographic Districting
Single-member districts
Generally equal in population
Average Texas house district = 171,000
Average Texas senate district = 800,000
Reynolds v. Sims
One person, one vote
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14. ELECTING LEGISLATORS Geographic Districting Gerrymandering
Cracking
Packing
Pairing
Alternative to gerrymandering
Gerrymandering: The practice of drawing district lines in such a way as to give candidates from a certain party, ethnic group, or faction an advantage.
Cracking: A gerrymandering technique in which concentrated political party voters in one geographical area are split into several districts so that their voting power in any one district are negligible.
Packing: Gerrymandering technique in which members of a party are concentrated into one district, thereby ensuring that the group will influence only one election rather than several.
Pairing: Placing two incumbent officeholders and parts of their political bases in the same elective district through redistricting.
Why is there relatively strong support for
a redistricting commission in Texas?
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15. Texas House of Representatives Districts, 84rd Legislature, 2015-16
Figure 7.3
Texas Legislative Council, Plan H309.
How likely is it that Democratic members of the house of representatives, or their constituencies, will have an impact on the lawmaking process in Texas during the next several legislative sessions?
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16. Texas Senate Districts, 84rd Legislature, 2015-16
Figure 7.4
Texas Legislative Council, Plan S172
What districting practices were used to create the senate districts, and how will it affect senate lawmaking ability?
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17. U.S. Congressional Districts, 114th Congress, 2015-2016
Figure 7.5
Texas Legislative Council, Plan C235.
How will the U.S Supreme Court decision to nullify the provision requiring Texas to have their district lines reviewed impact congressional elections in years to come?
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18. legislative organization
Powers of the Presiding Officers
Lieutenant Governor
Presiding officer of Texas Senate
Elected in statewide, partisan elections
Not officially a senator
Member of both legislative and executive branches
Succeeds governor if unable to serve
Must sign all bills and joint resolutions
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Lieutenant Governor
Lt. Governor Dan Patrick defeated incumbent David Dewhurst in the 2014 Republican primary and was elected to an office with power that rivals or exceeds that of the governor.
Source: Bob Daemmrich/Alamy
Why do you suppose the Texas senate has written rules that give so much power to its presiding officer?
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20. legislative organization
Powers of the Presiding Officers
Speaker of the House
Elected by majority of House members (usually from majority party)
Is a representative
Controls house procedures
Appoints committee chairs
Must sign all bills and join resolutions
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21. legislative organization
The Legislative Committees
Standing
Subcommittees
Joint
Ad-hoc
Conference
Interim
Standing committees: Permanent committees that function throughout the legislative session: there are two types: substantive and procedural.
Subcommittees: Subdivisions of standing committees that consider specialized areas and categories of proposed legislation.
Joint committee: Committee that includes members of both Senators and Representatives.
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22. the legislative process
The Standing Committees
Most of legislative work in both houses
House Committee Membership
Appointed by speaker, including leadership of procedural committees
Senate Committee Membership
Appointed by lieutenant governor, although seniority plays a role
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23. the legislative process
Scheduling
House Calendars Committees
Scheduling controlled by House Committee on Calendars OR House Committee on Local and Consent Calendars
Major/controversial legislation controlled by Speaker and Calendar Committee chair
What political factors affect legislators’ decisions to support or oppose legislation?
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24. the legislative process
Scheduling
Senate Calendar
System which advances bills automatically
Suspension of the rule
Blocking bill
Two-thirds Rule
Floor action
Suspension of the rule: The setting aside of the rule of chronologically ordering bills so that other bills can be considered.
Blocking bill: The first bill placed on the senate calendar in each session, which is usually a bill that will never be considered by the full senate.
Floor action: Refers to action by the entire house or the entire senate to debate, amend and vote on legislation.
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25. the legislative process
Senate Floor Action
Lieutenant governor presides
Little debate on bills
Filibuster rare
Committee of the whole
Voting by show of fingers
Filibuster: A prolonged debate by a senator to delay passing of a bill.
Committee of the whole: The entire 31-member senate acts as a committee.
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26. the legislative process
House Floor Action
Speaker presides
Floor leaders lead debate; responsible for passing or defeating bills
Point of order
Chubbing
Electronic voting (recorded votes)
Floor leaders: The legislators who are responsible for getting legislation passed or defeated.
Point of order: A formal objection that rules of procedure are not being followed on the house floor.
Chubbing: Includes debating earlier bills for the maximum allotted time, asking the bill’s sponsor trivial questions, and proposing so many amendments and raising so many points of order that the house does not get around to the bill to which they ultimately object.
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27. the legislative process
Conference Committees
Resolves differences in similar bills
Five members from each house appointed
May strengthen, weaken or not reach compromise on a bill
Conference committee report
Compromise version of bill
Conference committee report: A compromise between the house and senate versions of a bill reached by a conference committee and then delivered to each house.
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28. the legislative process
Introduction to the Senate
Assignment to a committee
House committee action
Senate committee action
House calendars
House floor
Senate calendar
Conference committee
Senate floor
Final passage
Introduction to the house
The governor
How a Bill Becomes a Law
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how a bill becomes a law
As a bill works its way through the legislative process, what factors determine whether a bill becomes a law?
Figure 7.7 This diagram takes a bill step by step through the legislature from introduction in the Texas House to signing by the governor. Bills may also originate in the Texas Senate.
As a bill works its way through the legislative process, what factors determine whether a bill becomes a law?
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30. Institutional TOOLS OF LEADERSHIP
The Legislative Budget Board
The Legislative Council
The Legislative Audit Committee
The Sunset Advisory Commission
Legislative Budget Board (LBB) A ten-member board responsible for creating the state’s initial budget and providing
planning, analysis, and impact of the budgeting process.
Legislative Council Provides research support, information, and bill-drafting assistance to legislators.
Legislative Audit Committee Appoints and supervises the state auditor who, with the consent of the senate, heads
the State Auditor’s Office.
Sunset Advisory Commission Recommends keeping, abolishing, reorganizing, or giving a new scope and authority to
an agency.
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31. TX Sen Wendy Davis—Abortion Bill—Never Give Up
Click picture to view video
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32. video discussion questions
What is the purpose of a filibuster?
How can the threat of a filibuster be an effective tactic for legislators?
How would you describe Senator Davis’ constituency? Would you guess she represents an urban or a rural area? Republican or Democrat?
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