2. Chapter 7: Objectives
Understand the various functions of the Texas Legislature.
List the formal qualifications for House and Senate members.
Describe the formal and informal organization of the Texas Legislature.

3. Chapter 7: Objectives
Explain and list the powers and immunities of the Legislature.
Define the “rules of procedures” and how they are created for each chamber.
Understand how and why certain individuals and groups beside constituents can influence Texas legislators in state affairs.

4. Legislative Framework
Bicameral – two chamber legislative body
Texas House of Representatives
150 members
Texas Senate
31 members

5. Legislative Framework

6. Legislative Elections and Terms of Office
Texas House of Representatives
Election held every two years
Two-year unlimited terms
Texas Senate
Election of approximately half the Texas Senate held every two years
Four-year unlimited terms – unless after census

7. Legislator Terms of Office
Special Elections
Held for vacancies
Expulsion from office
If two thirds of the involved chamber votes member out of body
Active duty military exception

8. How Do We Compare?
How does the combined size of our two chambers compare to other, more populated states?
How does the size of our two chambers compare regionally?
How does our bicameral system compare to Mexico’s system?

9. How Do We Compare?

10. Legislative Districts
Article III of the Texas Constitution of 1876 stipulates that legislative districts must be redrawn after each decennial census.
Districts are based on population and must be relatively equal in size.
The United States Constitution requires the Texas Legislature to develop a procedure for creating the federal districts based on population after each decennial census.

11. Legislative Redistricting Influences
Texas Legislative Redistricting Board
Created in 1948 and used if state maps are not made during regular session
Reynolds v. Sims (1964)
U.S. Supreme Court declared “one man (person), one vote” for the state legislative districts
Kilgarlin v. Martin (1965)
Court declared population-based districts for Texas

12. Legislative Redistricting Influences
Gerrymandering
Single-member districts
Multimember districts
“Ideal Populations”
Voting Rights Act 1965

13. Redistricting in & 2003
2001 – Texas Legislature failed to make maps after census of Federal court agreed upon a map – Republican push lead by Tom Delay to retake Texas House. First time since Reconstruction that Republicans controlled both Texas chambers.

14. Redistricting in 2001 & 2003
2003 – Second Redistricting accomplished after multiple special sessions with Texas Democrats leaving the state to prevent passage of maps 2006 – LULAC v. Perry – Supreme Court of United States declared maps constitutional noting that District 23 violated Voting Rights Act of 1965.

15. Texas State Senate District Map

16. Texas State House District Map

17. Texas Legislature: Formal Qualifications
Texas House
United States citizen
Qualified Texas voter
Resident in district for one year immediately preceding election
Texas resident for two years immediately preceding election
At least 21 years old

18. Texas Legislature: Formal Qualifications
Texas Senate
United States citizen
Qualified Texas voter
Resident in district for one year immediately preceding election
Texas resident for five years immediately preceding election
At least 26 years old

19. Texas Legislature: Formal Qualifications

20. Texas Legislature: Informal Qualifications
Legislatures tend to be influenced by experience and environment
Informal characteristics may have policy consequences

21. Texas Legislature: Informal Qualifications
Gender
1922 first Woman – Edith Williams – elected to Texas Legislature
81st Legislature of 2009
44 women held seats
Six female Senators
38 female Representatives
Mixture of Democrats and Republicans and race/ethnicity

22. Texas Legislature: Informal Qualifications
Race
19th Century – Limited number of racially/ethnically diverse males elected
1960s–1970s – First concentrated number of racially/ethnically diverse members elected
1971–2009 – African-Americans increased in the state legislature from 3 to 16
1971–2009 – Hispanics increased in the state legislature from 12 to 37
1971–2009 – Asian-Americans increased from 0 to 2

23. Texas Legislature: Informal Qualifications
Party
Following reconstruction, Democrats dominated the Texas Legislature
Democrats controlled the Texas Senate until the elections of 1996 when Republicans gained the majority
Republicans took the majority in the Texas House after elections of 2002
Future demographic changes and increased independent movement may change the party controls in the state legislature

24. Texas Legislature: Informal Qualifications

25. Texas Legislature: Informal Qualifications
Education
Most current members of Texas Legislature have bachelor’s degrees or higher
Occupation
Most business/professional and lawyers
Lawyers as state legislators
Take advantage of retainer fees
Have limitations on their practices

26. Texas Legislature: Informal Qualifications
Religious Affiliation
Not a matter of public record
Most Texans agree with separation of church and state, but not separation of religious beliefs and public policies

27. Texas Legislature: Informal Qualifications
Legislative Turnover
Elected members leaving the Texas Legislature
House–17% turnover rate last 10 sessions
Senate–14% turnover rate last 10 sessions
Turnover greater after redistricting
Legislative Tenure
Average length of service
House and Senate, more than six years
Most Texas Senators serve in the House first
Incumbents often beat the challenger

28. Texas Legislature: Compensation
Salary set by voters through constitutional amendment. At $7,200/year, it has not changed since 1975.
Per diem
Set by Texas Ethics Commission before each new session
Pays for legislators’ meals and lodging
$168/day in 2009
Tax deductions allowed

29. Texas Legislature: Compensation
Expense Allowance
Each state representative and senator receives an operating monthly account paid for by the state to operate their office, pay staff, travel, etc.
Limited in its use
Can be supplemented with campaign contributions

30. Texas Legislature: Compensation
Retirement
May retire at 50 with 12 years legislative experience or at age 60 with eight years legislative experience
Must contribute 8% of salary to receive 2.3% of a state-funded portion of a state district judges salary for each year of service

31. How Do We Compare?
How does our state legislative salary compare to other large states and regionally?
Do you believe the salary influences those seeking office?

32. Legislative Presiding Officers
President of Senate: Lieutenant governor – elected for a four-year term
Appoints all Senate committee chairs and vice chairs
Appoints all Senate committee and subcommittee members
Determines to which committees bills are sent
Recognizes senators to speak on Senate floor or to make motions
Votes to break ties in Senate
Joint-chairs the Legislative Council
Joint-chairs the Legislative Budget Board
Joint-chairs the Legislative Audit Board

33. Legislative Presiding Officers
Speaker of the House – elected once a member of the Texas House for a two-year term
Appoints all substantive and procedural committee chairs and vice chairs in the House
Appoints all procedural committee members in the House
Appoints all substantive committee members in the House, within limits of seniority rule
Determines to which committees bills and resolutions are sent
Recognizes members to speak on House floor or to make motions
Joint-chairs the Legislative Council
Joint-chairs the Legislative Budget Board
Joint-chairs the Legislative Audit Board

34. Legislative Presiding Officers

35. Legislative: Points to Ponder

36. Legislative Committees
House Committees
Substantive – seniority must be considered
Procedural
Select
• Senate Committees
Standing
Special Interim

37. Legislative Committees

38. Legislative Caucuses Legislative Caucus
Group of like-minded legislative members seeking to increase their influence for certain public policies
Prohibited from receiving public money and using state office space
Types
Party
Race/Ethnic
Ideological
Regional

39. Legislative Operations

40. Legislative Powers
Making Public Policy – passing bills and adopting resolutions
Simple Resolution – including House and Senate rules
Concurrent Resolution – typically requires Governor’s involvement
Joint Resolution – typically amendments to state constitution
Bills

41. Constitutional Amendment Power
Amendments to the Texas Constitution
Proposal requires a joint resolution in the Texas Legislature
Passed through the Texas Legislature with a two-thirds vote in both chambers
Sent for a public vote for ratification

42. Administrative and Investigative Power
Legislative Oversight
Legislative Audit Committee
Sunset Advisory Committee
Legislature can subpoena witnesses, administer oaths, and compel submission of records
Administrative Power
Appointment approval
Senatorial Courtesy

43. Impeachment and Removal Powers
Impeachment Power over state judges and elected executives
Process begins in the Texas House as charges are brought against the accused. Requires a simple majority vote in the Texas House to move to the Texas Senate.
Texas Senate acts as jury, where impeachment conviction requires a two-thirds vote. A convicted official is removed from office and disqualified from holding any other public office.

44. Texas Legislature: How a Bill becomes a Law
Process guided by the legislative rules and time constraints.
Legislative session only lasts 140 days unless a special session, which can only be called by the governor
First 30 days dedicated to bill introduction
Second 30 days dedicated to Committee meetings
Last 80 days dedicated to debate and bill movement

45. Texas Legislature: How a Bill becomes a Law

46. Texas Legislature: How a Bill becomes a Law
Step #1 – Introduction
Bills can be introduced as early as the Monday after the general election in November
Bills can be introduced in either the House, the Senate, or both (with a companion bill)
For this simulation we will begin in the Texas House

47. Texas Legislature: How a Bill becomes a Law
Step #2: First Reading (House) and Referral to committee – influenced by Speaker of the House
Step #3 : House Committee consideration and report
Step #4: Second Reading (House)
Step #5: Third Reading (House)

48. Texas Legislature: How a Bill becomes a Law
Step #6: First Reading (Senate)
Step #7: Senate Committee consideration and report – influenced by the Lt. Governor and “blocking bill”
Step #8: Second Reading (Senate)
Step #9: Third Reading (Senate)

49. Texas Legislature: How a Bill becomes a Law
Step #10 – Return to House (original chamber) – If exactly the same bill, then no need to go to conference
Step #11: Conference Committee – If differences between the two chamber bills
Step #12: Conference Committee Report
Step #13: Enrollment

50. Texas Legislature: How a Bill becomes a Law
Step #14: Signatures of Chief Clerk and Speaker
Step #15: Signatures of the Secretary of the Senate and the Lieutenant Governor
Step #16: Action by the Governor
Veto
Line item veto
Sign the bill

51. Texas Legislature: How a Bill becomes a Law
Delay tactics:
Committee power
Chubbing
Blocking Bill – Senate
Filibuster – Senate
Procedural Rules

52. Point/Counterpoint Special Session to Override Vetoes Arguments for:
Other states agree
Increase legislative power
Governor overuse of veto
Arguments against:
Weaken governor’s power
More disciplined legislature
Increased cost
Your thoughts?

53. Students in Action Farrah Najmuddin
She participated in the Baylor University Bullock Scholars Program.
It enabled her to earn 12 semester credit hours while interning with a member of the Texas Legislature during the legislative session.
Farrah learned the legislative process and, more importantly, how to be a public servant.

54. Texas Legislature Influences
Governor
Judges
Attorney General
State Comptroller
Lobbyist
Research Organizations
Media
Length of the Session