CHAPTER 23: CHAPTER 23: THE TEXAS THE TEXAS

LEGISLATURELEGISLATURE

Limited SessionLimited Session

Biennial Session – Legislature meets on the second Tuesday in odd-

numbered years.

Meets for 140 daysSpecial Sessions

– Governor may call a thirty day special session.

Informal qualifications for Informal qualifications for membership in the legislaturemembership in the legislature

Informal QualificationsParty RaceMale DominanceAttorneys

-retainershipFinancing

Formal qualifications for Formal qualifications for membership in the legislaturemembership in the legislature

Texas SenateA U. S. citizenA registered voterAt least 26 years of ageHave lived in Texas for

five years and the district for one year.

Texas HouseA U.S. citizenAt least 21 years of ageHave lived in Texas for

two years and the district for one year

Amateurism in the Texas Amateurism in the Texas LegislatureLegislature

Short sessions of the legislatureBiennial sessionsLow pay for legislators

Terms and TurnoverTerms and Turnover

Texas Senator serves four-year terms.Texas House serves two-year terms.The Texas Legislature has a high turnover

because of low pay, short sessions, heavy workload, and inadequate staff.

CompensationCompensation

$7,200 annual salary$125 per diem for regular and special sessionsTravel AllowanceLegislators usually have other jobs.

Geographic Districts in both Geographic Districts in both houses of the legislaturehouses of the legislature

There are 150 seats in the Texas House of Representatives and 31 single member districts in the state senate.

Each house and senate seat must contain equal populations within their respective houses.

Both houses of the legislature are redistricted every ten years based on census data and politics.

Geographic DistrictsGeographic Districts

The legislative districts are reapportioned after every ten year census to maintain equal representation.

The case Reynolds v. Sims (1964) ruled “one person, one vote.” The Legislative Redistricting Board draws the lines if the legislature fails to redistrict.

Gerrymandering occurs if the lines are redrawn to give a certain party, faction or ethnic group an advantage.

Organization of the Texas Organization of the Texas LegislatureLegislature

The Presiding Officers

•Speaker of the House

•Lt. Governor

Legislative Committees

Legislative Staff

Organization of the LegislatureOrganization of the Legislature

Lieutenant GovernorServes as President of

the SenateElected to four-year

termOne of the most

powerful

Speaker of the HouseElected by a house

majority from the house membership

Powerful

Legislative CommitteesLegislative Committees

Standing committeesSubcommitteesAd Hoc CommitteesConference CommitteesInterim Committees

Legislative StaffLegislative Staff

House members receive $7,500 monthly for office expenses

Senate members receive $22,000 for office expenses

Legislative staff members lack expertise when compared to the lobby staff.

House Research Organization

What the Texas legislature looks What the Texas legislature looks like: It is mostlylike: It is mostly

MaleWhiteProtestantLawyer/ businessmanHas personal wealth or financial support from

interest groups.

Nonprocedural Powers of the Nonprocedural Powers of the Presiding OfficersPresiding Officers

Appoint the members and serve as chair(lieutenant governor) and vice-chair(speaker) of the – Legislative Budget Board, and the

– Legislative Council.

Serve on and appoint the members of the Legislative Audit Committee.

Serve on and appoint the members of the Sunset Advisory Commission.

Procedural Powers of the Procedural Powers of the Presiding OfficersPresiding Officers

Appoint most committee Members

Appoint committee chairs

Assigns bills to committee

Schedules legislation for floor action

Recognize members on the floor for amendments and points of order

Interpret the procedural rules when needed

Appoint the chairs and members of the conference committees

Procedural Tools of LeadershipProcedural Tools of Leadership

Committee Membership– The presiding officers exercise influence by appointing

committee membership.

Selection of Committee Chairs– The presiding officers appoint the committee chairs.

Committee Jurisdiction– The presiding officers assign bills to committees.

Presiding Officers May Oppose A Presiding Officers May Oppose A BillBill

A bill may be a threat to the officer’s backers and financial supporters.

The backers of a bill may have been uncooperative thus the officers may punish them.

The bill’s opponents may have more bargaining power.

The bill’s backers may feel the passage of the bill might financially cripple a favorite program.

Committee Powers and FunctionsCommittee Powers and Functions

Committees are “little legislatures”.Committees are extensions of the presiding officers. In committee the bills may be

– rewritten– pigeonholed – edited

Division of Labor– Bills are marked up in each committee.

Competency– The seniority system allows the chairs to become experts in a

subject if returned to the same committee year after year.

Committee Powers and Functions Committee Powers and Functions (cont.)(cont.)

Pigeonhole– Committees may also chose not to consider a bill.

• Discharge petition• Tagging

Bureaucratic Oversight– Committees may also hold hearing to see that bureaucrats

are carrying out public policy.– Several factors make bureaucratic oversight difficult:

• short legislative session• movement of members from one committee to another• short term for legislators when compared to top administrators.

Committee Powers and Functions Committee Powers and Functions (cont.)(cont.)The Calendar

– Scheduling a bill is crucial to passage and success.House Calendars

– The speaker of the house does not have direct control over the calendar, but does control committee membership.

The Senate Calendar– The senate calendar is used only in theory.– Most bills are considered by a suspension of the rules, requires 2/3

vote as opposed to majority for passage.– The lieutenant governor must recognize a senator to make this motion– The presiding officer or eleven senators could prevent any bill from

becoming law.

The Floor of the HouseThe Floor of the House

As bills reach the House floor, a loudspeaker system allows votes for or against.

Most legislators vote on who is supporting a bill and who is against it.– Floor leaders: representatives who are trying to

get a bill passed.

The Floor of the SenateThe Floor of the Senate

The senate floor is similar to the house with one exception, the filibuster.

Senate rules allow a senator to speak unlimitedly to try to prevent a vote on a bill.

The presiding officer controls those who speak.

The Conference CommitteeThe Conference Committee

Conference committees are composed of five members of each house appointed by the respective presiding officers.

Today, conference committees iron out differences between each of the bills.– Conference committee reports

How a Bill Becomes LawHow a Bill Becomes Law

Introduction to the Senate

Assignment to committee

Senate Committee Action

Senate CalendarSenate Floor

Introduction to the House

Assignment to a committee

House Committee actionHouse calendarsHouse floor

Institutional Leadership ToolsInstitutional Leadership Tools

The Legislative Budget Board: Members and presiding officers influence the budgeting process.

The Legislative Council: The presiding officers appoint committee membership which oversees bill drafting and research.

The Legislative Audit Committee: The presiding officers, members of this committee, audit agency expenditures.

The Sunset Advisory Commission: This commission with the presiding officers as members reviews state agencies.

Restraints on the Powers of the Restraints on the Powers of the Presiding OfficersPresiding Officers

Personality

– leadership style The Team

– legislator coalitions The Lobby and Bureaucracy

– coalition of presiding officers, bureaucrats and lobby insures success

The Governor

– the threat to veto and line-item veto give power

The Political Climate

– scandal may limit the power of the presiding officers.

Political or Economic Ambition– political credits, interest group

support, and presiding officer’s role may serve as a stepping stone to other offices.