Texas LegislatureTexas Legislature

A part time legislatureA part time legislature Meets in Meets in regular sessionregular session for only 140 days for only 140 days

(counting Saturdays and Sundays) (counting Saturdays and Sundays) Biennially – every other yearBiennially – every other year Session begins in odd numbered years – on the Session begins in odd numbered years – on the

second Tuesday in January and ends at the end second Tuesday in January and ends at the end of May or early June. of May or early June.

7979thth leg, 2005-2006; 2007 begins 80th leg, 2005-2006; 2007 begins 80th Special sessions – Special sessions –

Called by governor (power tool to make legis finish)Called by governor (power tool to make legis finish) 30 days in length x as many as governor calls30 days in length x as many as governor calls Limited agendaLimited agenda

MembershipMembership

House of House of RepresentativesRepresentatives

150150 2 year term2 year term 21, registered voter, 21, registered voter,

Texas resident for 2 Texas resident for 2 year, plus resident of year, plus resident of districtdistrict

Republican majority? Republican majority? 20032003

SenateSenate 3131 4 year term, ½ each 4 year term, ½ each

election yearelection year 26, registered voter 26, registered voter

for 5 years and for 5 years and resident of district for resident of district for at least 1 yearat least 1 year

Republican majority? Republican majority? 19971997

SalarySalary $7,200 per year$7,200 per year In addition to their annual salary all legislators and the lieutenant governor In addition to their annual salary all legislators and the lieutenant governor

receive a receive a per diemper diem personal allowance of $128 for every day the legislature personal allowance of $128 for every day the legislature is in session (both regular and is in session (both regular and special sessionsspecial sessions). This adds up to $17,920 ). This adds up to $17,920 for the regular 140-day session. Annual compensation for the year in which for the regular 140-day session. Annual compensation for the year in which the legislature is in session totals $25,120 – which includes the $7,200 the legislature is in session totals $25,120 – which includes the $7,200 salary and $17,920 salary and $17,920 per diemper diem allowance. For the biennial term, legislators allowance. For the biennial term, legislators earn $32,320, or a yearly average of $16,160. earn $32,320, or a yearly average of $16,160.

Consider that the Consider that the medianmedian annual household income in the United States annual household income in the United States was $44,389 in 2004, according to the U.S. Census Bureau. Consider also was $44,389 in 2004, according to the U.S. Census Bureau. Consider also that the "poverty" threshold, in official terms, was $19,307 for a family of that the "poverty" threshold, in official terms, was $19,307 for a family of four; $15,067 for a family of three; $12,334 for a family of two, and $9,645 four; $15,067 for a family of three; $12,334 for a family of two, and $9,645 for individuals that same year. According to the Census Bureau, the for individuals that same year. According to the Census Bureau, the legislators of the second largest state in the union earn a salary below the legislators of the second largest state in the union earn a salary below the national poverty level and far below the national median income. national poverty level and far below the national median income.

On the state level, the seats in On the state level, the seats in both housesboth houses of of the legislature are apportioned the legislature are apportioned by populationby population. .

Nevertheless, the bicameral state legislature Nevertheless, the bicameral state legislature means that any bill that is introduced must twice means that any bill that is introduced must twice wend its way through a complex process of wend its way through a complex process of review, amendment, and approval. review, amendment, and approval.

Extending considerably the time it takes to pass Extending considerably the time it takes to pass a law, it introduces many more opportunities to a law, it introduces many more opportunities to derail a bill. The net effect is to restrict the derail a bill. The net effect is to restrict the overall volume of successful legislation. overall volume of successful legislation.

Legislature’s powersLegislature’s powers Inherent police power -- to promote and safeguard the public safety, Inherent police power -- to promote and safeguard the public safety,

health, morals, and welfare health, morals, and welfare Creation, abolition, and redefinition of state agenciesCreation, abolition, and redefinition of state agencies

also relies on its Sunset Advisory Commission to make also relies on its Sunset Advisory Commission to make recommendations concerning the continuation of almost all state recommendations concerning the continuation of almost all state agencies. agencies.

Requiring regular and special reporting from state agenciesRequiring regular and special reporting from state agencies Additionally, the Legislative Audit Committee appoints the State Auditor, Additionally, the Legislative Audit Committee appoints the State Auditor,

who provides information regarding the appropriateness of the use of who provides information regarding the appropriateness of the use of state funds. state funds.

Budget approval over state agencies – biennial appropriationsBudget approval over state agencies – biennial appropriations Investigative power to subpoena witnesses and documents in Investigative power to subpoena witnesses and documents in

formulating lawsformulating laws

Exclusive powers Exclusive powers

House of House of RepresentativesRepresentatives Impeach governor, Impeach governor,

state judges, etcstate judges, etc

SenateSenate Confirm gubernatorial Confirm gubernatorial

apptmts, nec 2/3 voteapptmts, nec 2/3 vote Trial for impeachmentTrial for impeachment

ImmunitiesImmunities

During legislative sessions and other official During legislative sessions and other official legislative business, legislators are not subject legislative business, legislators are not subject to certain public laws which might impede to certain public laws which might impede legislative business.legislative business. Most notably, legislators cannot be charged with or Most notably, legislators cannot be charged with or

sued for sued for slanderslander for statements made during for statements made during legislative proceedings. legislative proceedings.

Also, except for treason, felony, or breaking the Also, except for treason, felony, or breaking the peace, legislators are peace, legislators are privileged from arrestprivileged from arrest during a during a legislative session or while journeying to or returning legislative session or while journeying to or returning from a session. from a session.

BillsBills All legislation that has not been approved by both houses by the last day of the session is dead. All legislation that has not been approved by both houses by the last day of the session is dead. 8.1  Introduction and Referral8.1  Introduction and ReferralA bill must be passed by both houses of the Legislature in order to be sent to the A bill must be passed by both houses of the Legislature in order to be sent to the

Governor for approval or acceptance as a law. It can be introduced in either chamber first, or both simultaneously Governor for approval or acceptance as a law. It can be introduced in either chamber first, or both simultaneously to speed the process, except that all bills for raising revenue must start in the House. to speed the process, except that all bills for raising revenue must start in the House.

A bill can be introduced only by a member of the Legislature. This member is known as the sponsor of the bill. But A bill can be introduced only by a member of the Legislature. This member is known as the sponsor of the bill. But the sponsor typically is not the originator of the proposed legislation. the sponsor typically is not the originator of the proposed legislation.

More commonly, bills begin as twinkles in the eyes of organized interest groups, private corporations, lobbying More commonly, bills begin as twinkles in the eyes of organized interest groups, private corporations, lobbying organizations, and law firms. These organizations offer considerable expertise in the specific subject areas and in organizations, and law firms. These organizations offer considerable expertise in the specific subject areas and in the formal requirements (style, organization and content) of proposed legislation. Sometimes they even write the the formal requirements (style, organization and content) of proposed legislation. Sometimes they even write the full text that is submitted to the chief clerk. full text that is submitted to the chief clerk.

The shortness of the legislative session has led to the practice of prefiling The shortness of the legislative session has led to the practice of prefiling bills before the legislative session begins. On the first business day in the bills before the legislative session begins. On the first business day in the week following the November general elections current members and those week following the November general elections current members and those just elected but not yet seated may begin prefiling bills.just elected but not yet seated may begin prefiling bills. After the 2004 election, After the 2004 election, lawmakers prefiled 135 bills on the first day for prefiling, typical of prefiling patterns in the 1990s but down lawmakers prefiled 135 bills on the first day for prefiling, typical of prefiling patterns in the 1990s but down somewhat from the surge in prefiling after the raucous 2000 and 2002 elections (257 bills prefiled on the first day somewhat from the surge in prefiling after the raucous 2000 and 2002 elections (257 bills prefiled on the first day after the 2000 election and 249 after the 2002 election). after the 2000 election and 249 after the 2002 election).

When a bill is introduced it is assigned a number that begins with HB (House Bill) if introduced in the House and When a bill is introduced it is assigned a number that begins with HB (House Bill) if introduced in the House and SB (Senate Bill) if introduced in the Senate. SB (Senate Bill) if introduced in the Senate.

The The Texas Constitution requires three readings of a bill on the floor of each Texas Constitution requires three readings of a bill on the floor of each househouse. The first reading occurs when the bill is introduced. Here the reading clerk in the House or the . The first reading occurs when the bill is introduced. Here the reading clerk in the House or the Secretary of the Senate reads aloud the bill's caption, a short summary, and announces the committee to which Secretary of the Senate reads aloud the bill's caption, a short summary, and announces the committee to which the Speaker (or the Lieutenant Governor in the Senate) has assigned responsibility for working on the bill. the Speaker (or the Lieutenant Governor in the Senate) has assigned responsibility for working on the bill.

Because the legislative process is time-consuming and the legislative session is short, it is common for identical Because the legislative process is time-consuming and the legislative session is short, it is common for identical companion bills to be introduced in both houses at once. companion bills to be introduced in both houses at once.

BillsBills There are three types of bills that can be introduced: general, There are three types of bills that can be introduced: general,

special, and local. special, and local.

Because of constitutional limitations on the types of local Because of constitutional limitations on the types of local bills, the Legislature has developed the practice of bills, the Legislature has developed the practice of passing so-called passing so-called bracket billsbracket bills, which do not name a , which do not name a specific local government or entity.specific local government or entity.

Instead, they apply to a certain local government by specifying, for Instead, they apply to a certain local government by specifying, for instance, that the bill applies to all counties with a land area between instance, that the bill applies to all counties with a land area between 6,190 and 6,200 square miles (only one, Brewster County). These are 6,190 and 6,200 square miles (only one, Brewster County). These are technically general bills, but in reality they function like local bills. technically general bills, but in reality they function like local bills.

The Texas House of Representatives has placed some limits on the use The Texas House of Representatives has placed some limits on the use of bracket bills, forcing legislators to be more general when writing of bracket bills, forcing legislators to be more general when writing legislation targeted on specific local areas. legislation targeted on specific local areas.

ResolutionsResolutions A A resolutionresolution is merely a formal statement of opinion or of a specific decision; is merely a formal statement of opinion or of a specific decision;

not a proposed law. 1) A simple resolution may be passed by either not a proposed law. 1) A simple resolution may be passed by either chamber of the Legislature. 2) A joint resolution must be passed jointly by chamber of the Legislature. 2) A joint resolution must be passed jointly by both chambers. both chambers. NeitherNeither type of resolution type of resolution requires requires the signature of the the signature of the GovernorGovernor. .

Joint resolutionsJoint resolutions are the mechanism by which are the mechanism by which amendmentsamendments to the Texas to the Texas Constitution are proposed. Such resolutions must be Constitution are proposed. Such resolutions must be approved by the approved by the votersvoters in order to become amendments. Joint resolutions are also used to in order to become amendments. Joint resolutions are also used to ratify proposed amendments to the U.S. Constitution or to call a convention ratify proposed amendments to the U.S. Constitution or to call a convention to propose amendments to the U.S. Constitution. to propose amendments to the U.S. Constitution.

3) The 3) The concurrent resolutionconcurrent resolution, must be approved by both houses and , must be approved by both houses and usually requires action by the Governor. Concurrent resolutions are used to usually requires action by the Governor. Concurrent resolutions are used to offer commendations or a memorial, send congratulations or a statement of offer commendations or a memorial, send congratulations or a statement of welcome, or request action by a governmental entity. This type of resolution welcome, or request action by a governmental entity. This type of resolution is also used for administrative actions within the Legislature that require the is also used for administrative actions within the Legislature that require the agreement of both houses, like adjourning the Legislature or creating a joint agreement of both houses, like adjourning the Legislature or creating a joint session. Resolutions for this type of internal administration do not require session. Resolutions for this type of internal administration do not require action on the part of the Governor. action on the part of the Governor.

Lieutenant governorLieutenant governor ironically, the executive branch duties of the Lieutenant Governor are almost non-existent, except in the case of the Governor's death, ironically, the executive branch duties of the Lieutenant Governor are almost non-existent, except in the case of the Governor's death,

resignation, removal from office, or absence from the state. In such circumstances, the Lieutenant Governor exercises the powers and resignation, removal from office, or absence from the state. In such circumstances, the Lieutenant Governor exercises the powers and duties of the office of the Governor. duties of the office of the Governor.

The Lieutenant Governor's legislative duties, however, are much more robust. The Lieutenant Governor appoints the committees of the The Lieutenant Governor's legislative duties, however, are much more robust. The Lieutenant Governor appoints the committees of the Senate: a considerable power, since committees generally control specific policy areas. Senate: a considerable power, since committees generally control specific policy areas.

Furthermore, the Lieutenant Governor has authority in the Senate to assign bills to specific committees. Generally, the various Furthermore, the Lieutenant Governor has authority in the Senate to assign bills to specific committees. Generally, the various committees have responsibility over specific areas of public policy. A bill dealing with jails would normally be assigned to the Senate committees have responsibility over specific areas of public policy. A bill dealing with jails would normally be assigned to the Senate Criminal Justice committee, and so on. But the rules for assignment to committee are weak enough that they give the Lieutenant Criminal Justice committee, and so on. But the rules for assignment to committee are weak enough that they give the Lieutenant Governor considerable discretion in assigning bills to committee. Because bills often touch on several policy areas, "ownership" of a bill is Governor considerable discretion in assigning bills to committee. Because bills often touch on several policy areas, "ownership" of a bill is uncertain, and the Lieutenant Governor may prefer one committee over another. The Lieutenant Governor thus can choose to reward or uncertain, and the Lieutenant Governor may prefer one committee over another. The Lieutenant Governor thus can choose to reward or punish a committee and its members, or interest groups, by selecting the committee to which to assign a specific bill. punish a committee and its members, or interest groups, by selecting the committee to which to assign a specific bill.

In addition to these considerable institutional powers, the Lieutenant Governor serves on several important boards and may also cast the In addition to these considerable institutional powers, the Lieutenant Governor serves on several important boards and may also cast the deciding vote on the Senate floor in case of a tie. The Lieutenant Governor serves as chairman of the Legislative Budget Board and the deciding vote on the Senate floor in case of a tie. The Lieutenant Governor serves as chairman of the Legislative Budget Board and the Legislative Council, and is vice-chairman of the Legislative Audit Committee and the Legislative Education Board. Legislative Council, and is vice-chairman of the Legislative Audit Committee and the Legislative Education Board.

Also, when the Legislative Redistricting Board convenes (only when the Legislature is unable to approve a redistricting plan for both Also, when the Legislative Redistricting Board convenes (only when the Legislature is unable to approve a redistricting plan for both houses) the Lieutenant Governor serves as one of the five members. houses) the Lieutenant Governor serves as one of the five members.

According to the According to the Handbook of Texas OnlineHandbook of Texas Online, the Lieutenant Governor has exerted growing influence in lawmaking and in administration , the Lieutenant Governor has exerted growing influence in lawmaking and in administration and public policy since World War II. This may result partly from two changes to the office over the course of the twentieth century. and public policy since World War II. This may result partly from two changes to the office over the course of the twentieth century.

First, the length of the term of office for the Lieutenant Governor was constitutionally extended from two to four years beginning with the First, the length of the term of office for the Lieutenant Governor was constitutionally extended from two to four years beginning with the election of 1974. Second, lieutenant governors have served ever more numerous terms since the 1890s. Until then, it was customary for election of 1974. Second, lieutenant governors have served ever more numerous terms since the 1890s. Until then, it was customary for lieutenant governors not to seek reelection to a second term. Over the next few decades, two different lieutenant governors were elected lieutenant governors not to seek reelection to a second term. Over the next few decades, two different lieutenant governors were elected to third terms. And, in the post-World War II period, Ben Ramsey was elected to a record six terms, and Bill Hobby was elected to five to third terms. And, in the post-World War II period, Ben Ramsey was elected to a record six terms, and Bill Hobby was elected to five terms. Hobby actually served more years than Ramsey because four of his five terms were for four years. terms. Hobby actually served more years than Ramsey because four of his five terms were for four years.

This extended longevity in office can significantly enhance the informal influence and legislative expertise of lieutenant governors, while This extended longevity in office can significantly enhance the informal influence and legislative expertise of lieutenant governors, while allowing them to consolidate their control over the committees and individual legislators. allowing them to consolidate their control over the committees and individual legislators.

Most recently, the greater intensity of electoral campaigning for the office of Lieutenant Governor between the two major parties could Most recently, the greater intensity of electoral campaigning for the office of Lieutenant Governor between the two major parties could have the potential of reducing the tendency toward reelection. If the office were to be occupied alternately in succession by members of have the potential of reducing the tendency toward reelection. If the office were to be occupied alternately in succession by members of one party then the other, it could be weakened in the long run. This is because the Republican Party's seemingly solid majority status one party then the other, it could be weakened in the long run. This is because the Republican Party's seemingly solid majority status among the Senate membership (especially after the 2001 redistricting) could lead to situations where the president of the Senate is a among the Senate membership (especially after the 2001 redistricting) could lead to situations where the president of the Senate is a member of the minority party in that chamber. Such a situation could pose an additional obstacle in the Senate to passing legislation. member of the minority party in that chamber. Such a situation could pose an additional obstacle in the Senate to passing legislation.

Bill Bill 8.2  Committee Action 8.2  Committee Action After the bill has been referred to committee but After the bill has been referred to committee but

before any action by members, the committee staff must produce and before any action by members, the committee staff must produce and distribute an analysis of the various provisions in the bill. The committee distribute an analysis of the various provisions in the bill. The committee chair may request a fiscal note and an impact statement to determine the chair may request a fiscal note and an impact statement to determine the costs of implementing the bill and its effects on specific aspects of state costs of implementing the bill and its effects on specific aspects of state administration. administration.

The committee or a subcommittee to which the bill has been assigned may The committee or a subcommittee to which the bill has been assigned may decide to decide to pigeonholepigeonhole the bill (putting it at the bottom of the committee's the bill (putting it at the bottom of the committee's agenda, effectively killing the bill). Otherwise, it will hold hearings that allow agenda, effectively killing the bill). Otherwise, it will hold hearings that allow various constituents and other experts to testify on the content of the various constituents and other experts to testify on the content of the proposed legislation. Additionally, the committee may make substantial proposed legislation. Additionally, the committee may make substantial changes to the bill. This changes to the bill. This markupmarkup process may involve rewriting specific process may involve rewriting specific sections, and adding and deleting provisions. sections, and adding and deleting provisions.

After all of the changes have been made to the bill, the committee votes on After all of the changes have been made to the bill, the committee votes on whether it should be considered by the whole chamber. By simple majority whether it should be considered by the whole chamber. By simple majority vote the committee decides whether to report the bill favorably, unfavorably, vote the committee decides whether to report the bill favorably, unfavorably, or not report it for floor consideration at all. An unfavorable report or no or not report it for floor consideration at all. An unfavorable report or no report will kill the bill. report will kill the bill.

BillsBills 8.3  Floor actionHouse Action8.3  Floor actionHouse Action

Assuming a favorable committee report, the bill introduced in the House must be scheduled by one of two committees for floor debate: Assuming a favorable committee report, the bill introduced in the House must be scheduled by one of two committees for floor debate: The Local and Consent Calendar Committee is responsible for legislation impacting only a limited number of local jurisdictions (cities, The Local and Consent Calendar Committee is responsible for legislation impacting only a limited number of local jurisdictions (cities,

counties, etc.), consent bills, and non-controversial resolutions. counties, etc.), consent bills, and non-controversial resolutions. The Calendars Committee is responsible for all other bills, placing them on one of three calendars: the Emergency Calendar, Major State The Calendars Committee is responsible for all other bills, placing them on one of three calendars: the Emergency Calendar, Major State

Calendar, and General State Calendar. Calendar, and General State Calendar. The The Calendars CommitteeCalendars Committee has thirty days after receiving a bill to vote on placing the bill on one of the three legislative calendars for floor has thirty days after receiving a bill to vote on placing the bill on one of the three legislative calendars for floor

consideration. After this period, any member of the House can make a motion on the floor to place the bill on a specific calendar. If consideration. After this period, any member of the House can make a motion on the floor to place the bill on a specific calendar. If seconded by five members and passed by majority vote, the bill may be scheduled for floor action. This procedure is rarely undertaken. seconded by five members and passed by majority vote, the bill may be scheduled for floor action. This procedure is rarely undertaken.

When the bill comes up for consideration on the floor as scheduled, it is given the second reading (usually limited to reading only the When the bill comes up for consideration on the floor as scheduled, it is given the second reading (usually limited to reading only the caption). After debate (typically limited to ten minutes for each speaker) and amendment, a vote is taken for tentative approval. caption). After debate (typically limited to ten minutes for each speaker) and amendment, a vote is taken for tentative approval.

After all the debate and amendments, the bill is ready for its third reading. Amendments may still be offered, but these require a two-thirds After all the debate and amendments, the bill is ready for its third reading. Amendments may still be offered, but these require a two-thirds majority approval at this point. A simple majority is needed to pass the final version of the bill. majority approval at this point. A simple majority is needed to pass the final version of the bill.   Senate ActionSenate ActionLacking a calendars committee, the Senate relies on the Intent Calendar which schedules bills for general consideration in the order in Lacking a calendars committee, the Senate relies on the Intent Calendar which schedules bills for general consideration in the order in which they are reported favorably out of committee. However, the Senate does not follow this order. At the beginning of the legislative which they are reported favorably out of committee. However, the Senate does not follow this order. At the beginning of the legislative session, a dummy bill (not intended for floor action) is place at the top of the Intent Calendar, making it necessary to take up all other bills session, a dummy bill (not intended for floor action) is place at the top of the Intent Calendar, making it necessary to take up all other bills outside of the regular order. outside of the regular order.

To do this the sponsor of the bill or a member of the reporting committee must get recognition from the President of the Senate (the To do this the sponsor of the bill or a member of the reporting committee must get recognition from the President of the Senate (the Lieutenant Governor) to make a motion to take up a bill outside of the Intent Calendar order. Two-thirds of the members who choose to Lieutenant Governor) to make a motion to take up a bill outside of the Intent Calendar order. Two-thirds of the members who choose to vote must approve such an action. vote must approve such an action.

If the bill is taken up by the Senate, it is given its second reading, at which point it is opened for debate and amendment. As in the U.S. If the bill is taken up by the Senate, it is given its second reading, at which point it is opened for debate and amendment. As in the U.S. Senate, there is a tradition in the Texas Senate that permits members to speak for as long as they wish (or otherwise can physically Senate, there is a tradition in the Texas Senate that permits members to speak for as long as they wish (or otherwise can physically sustain). When members try to kill a bill by "talking it to death" and using up so much time that the rest of the Senate agrees to move on, sustain). When members try to kill a bill by "talking it to death" and using up so much time that the rest of the Senate agrees to move on, this is known as a this is known as a filibusterfilibuster. .

If the bill is approved on the second reading, it is ready for its third reading and, ultimately, final approval. As in the House, amendments If the bill is approved on the second reading, it is ready for its third reading and, ultimately, final approval. As in the House, amendments are allowed at this point and require a two-thirds majority vote of members present. are allowed at this point and require a two-thirds majority vote of members present.

Although the Texas Constitution requires that a bill receive each of its three readings on three separate days, this rule can be suspended Although the Texas Constitution requires that a bill receive each of its three readings on three separate days, this rule can be suspended by a four-fifths vote of members present. Though the House rarely uses this motion, it is routinely used in the Senate to pass non-by a four-fifths vote of members present. Though the House rarely uses this motion, it is routinely used in the Senate to pass non-controversial legislation, particularly toward the end of a legislative session. controversial legislation, particularly toward the end of a legislative session.

BillBill 8.4  Conference Committee 8.4  Conference Committee If the versions of the bill passed by the If the versions of the bill passed by the

House and Senate differ – which is most likely the case – the bill House and Senate differ – which is most likely the case – the bill must be considered by a must be considered by a conference committeeconference committee made up of five made up of five members of each chamber appointed by the respective presiding members of each chamber appointed by the respective presiding officers. officers.

Depending on the extent of the differences between the two Depending on the extent of the differences between the two versions of the bill the conference committee may have to rewrite versions of the bill the conference committee may have to rewrite whole sections and even add amendments. After all deliberations whole sections and even add amendments. After all deliberations and changes, the conference committee votes on the final version. and changes, the conference committee votes on the final version. At least three of the five members At least three of the five members from each housefrom each house must must approve the conference committee version.approve the conference committee version.

The conference committee sends a report back to both chambers, The conference committee sends a report back to both chambers, where the full chamber must approve the modified bill by a simple where the full chamber must approve the modified bill by a simple majority in order for it to go to the Governor's desk. No amendments majority in order for it to go to the Governor's desk. No amendments or changes are allowed at this point. Though either of the full or changes are allowed at this point. Though either of the full chambers could send it back to the conference committee for chambers could send it back to the conference committee for additional work, this would likely kill the bill. additional work, this would likely kill the bill.

BillBill 8.5  Governor's Desk8.5  Governor's DeskThe chief executive (the Governor) must approve or The chief executive (the Governor) must approve or

reject all proposed legislation. The state Constitution gives the Governor ten reject all proposed legislation. The state Constitution gives the Governor ten days after receiving a bill (not counting Sundays) to take action. If the days after receiving a bill (not counting Sundays) to take action. If the Legislature has adjourned this period is extended to twenty days. Legislature has adjourned this period is extended to twenty days.

The Governor can take one of The Governor can take one of three actionsthree actions:    1. :    1. signsign the bill into law    2. the bill into law    2. take no actiontake no action, which allows the bill to become law after the period for , which allows the bill to become law after the period for gubernatorial consideration expires (ten or twenty days)    3. gubernatorial consideration expires (ten or twenty days)    3. veto the billveto the bill by by sending a formal message of rejection to the Legislature In the case of sending a formal message of rejection to the Legislature In the case of appropriations billsappropriations bills, the governor also has the option of vetoing specific , the governor also has the option of vetoing specific items with the items with the line-item vetoline-item veto. This type of veto does not apply to other types . This type of veto does not apply to other types of bills. NO POCKET VETO exists.of bills. NO POCKET VETO exists.

When the Governor vetoes legislation, the Legislature may override the veto When the Governor vetoes legislation, the Legislature may override the veto with a two-thirds vote in each house. However, because the legislative with a two-thirds vote in each house. However, because the legislative session is so short, many vetoes occur after the Legislature has adjourned, session is so short, many vetoes occur after the Legislature has adjourned, thereby denying any opportunity to override the Governor's decision. A bill thereby denying any opportunity to override the Governor's decision. A bill cannot be taken up in a subsequent legislative session unless it goes cannot be taken up in a subsequent legislative session unless it goes through the entire legislative process all over again. through the entire legislative process all over again.

Recently, the issue of post-session vetoes by the Governor has Recently, the issue of post-session vetoes by the Governor has come to the public's attention because of concerns about the come to the public's attention because of concerns about the influence of special interests. Within days after the 77th legislative influence of special interests. Within days after the 77th legislative session ended in 2001, Governor Rick Perry accepted over $1.2 session ended in 2001, Governor Rick Perry accepted over $1.2 million in campaign contributions, including $175,000 on the first full million in campaign contributions, including $175,000 on the first full day after the session adjourned. Most of this first day's haul came day after the session adjourned. Most of this first day's haul came from members of Texans for Lawsuit Reform. As it turned out, Mr. from members of Texans for Lawsuit Reform. As it turned out, Mr. Perry vetoed eighty-two bills: a record number. These included four Perry vetoed eighty-two bills: a record number. These included four bills that the lawsuit reform group opposed. bills that the lawsuit reform group opposed.

One might expect high numbers of vetoes, given the increasing One might expect high numbers of vetoes, given the increasing number of number of bills passed by an ever efficient legislaturebills passed by an ever efficient legislature over the past over the past decade. Still, the eighty-two bills vetoed in 2001 seemed unusually decade. Still, the eighty-two bills vetoed in 2001 seemed unusually high and generated some criticism. [7] Subsequent ethics legislation high and generated some criticism. [7] Subsequent ethics legislation passed in the 78th legislature prohibited campaign contributions passed in the 78th legislature prohibited campaign contributions later than the thirtieth day before the legislative session convenes or later than the thirtieth day before the legislative session convenes or before the twentieth day after the legislative session ends. before the twentieth day after the legislative session ends.

Initiative, recall and ReferendumInitiative, recall and Referendum

Not in TexasNot in Texas Limited, non-binding Limited, non-binding advisory advisory

referendumreferendum by local government by local government

The Legislative Process in TexasThe Legislative Process in Texas

This diagram displays the This diagram displays the sequential flow of a bill sequential flow of a bill from the time it is from the time it is introduced in the House introduced in the House of Representatives to final of Representatives to final passage and transmittal passage and transmittal to the Governor. A bill to the Governor. A bill introduced in the Senate introduced in the Senate would follow the same would follow the same procedure in reverse. procedure in reverse.

Add’l vocabAdd’l vocab

Sunshine laws – same as Open Meetings Sunshine laws – same as Open Meetings laws, all governmental entities must hold laws, all governmental entities must hold open public meetingsopen public meetings

Sunset laws – requires agency/program Sunset laws – requires agency/program evaluation prior to re-authorization by evaluation prior to re-authorization by legislaturelegislature