The Legislative Branch Chapter 4
Jan 01, 2016
Texas Legislature - Elections
Apportionment and Redistricting Apportionment: basis for representation. Texas
Senate was “qualified electors;” House was “population.” Limits and “rotten boroughs”
Districting: drawing the boundaries for districts: House, Senate, U.S. House of Representatives. Districts must be compact, contiguous, approximately equal in population. Ideal size: Senate=672,639; House=139,012.
Texas Legislature - Elections
Redistricting Process (TX House and Senate) Legislature passes redistricting bill. Governor may veto. If legislature cannot pass a redistricting bill, the
governor vetoes the bill, or a court rules the bill unconstitutional, then a Legislative Redistricting Board (Lt. Gov., Speaker, AG, Comptroller, Land Commissioner) draws the districts.
Gerrymandering Packing Cracking
Texas Legislature - Elections
Redistricting Process (US House) Legislature passes redistricting bill. Governor may veto. If legislature cannot pass a redistricting bill, the
governor vetoes the bill, or a court rules the bill unconstitutional, then a U.S. District Court must draw the district boundaries.
2003 Redistricting 2002 Elections 2003 Regular Session 2003 Special Sessions
Texas Legislature - Elections
Reelection rates and turnover Texas House: 1998=16%; 2000=7%; 2002=23%;
2004=11%; 2006=18%; 2008=13% Texas Senate: 1998=6%; 2000=3%; 2002=23%;
2004=6%; 2006=16%; 2008=13% Tenure, 2009: House= 8 years; Senate=14 years Term Limits?
Texas Legislature - Structure
Bicameral Biennial meetings, Odd years House Members – 150 House, 31 Senate Tenure – 2 years House, 4 years Senate Compensation – salary ($7,200) and per diem ($168
in 2009) Residence – House – 2 years state, 1 year district Residence – Senate – 5 years state, 1 year district Age – House – 21, Senate - 26
Texas Legislature – Characteristics of Members
Occupation, education, and religion Businesspersons and lawyers Majority have advanced degrees Catholics, Baptists, Methodists, and Episcopalians
Gender, race, and age 43 Women (6 Senate; 37 House) 38 Hispanics (6 Senate; 32 House) 16 African Americans (2 Senate; 14 House) 2 Asian American (House) Average age: 51 House; 54 Senate
Texas Legislature – Characteristics of Members
Political Party Historically, Democrats had majorities 2009, House: 76 Republicans, 74 Democrats
Senate: 19 Republicans, 12 Democrats Ideology--2007
70 Conservatives: 68 Republicans, 2 Democrats 36 Liberals: 33 Democrats, 3 Republicans 38 Populists: 33 Democrats, 5 Republican 4 Libertarians: All Republicans
Texas House–Composition
Texas House 1971-2009
0102030405060708090
100110120130140150
Number of Members
Democrats 140 133 134 132 128 114 115 98 94 93 92 91 88 82 78 78 62 63 69 74
Republicans 10 17 16 18 22 36 35 52 56 57 58 59 62 68 72 72 88 87 81 76
Men 149 145 143 140 139 139 137 135 134 134 131 125 121 120 121 120 118 119 117 117
Women 1 5 7 10 11 11 13 15 16 16 19 25 29 30 29 30 32 31 32 37
Hispanic 11 11 14 18 18 18 21 19 19 19 20 26 26 28 28 27 30 31 31 32
African American 2 8 9 13 14 13 12 13 13 13 13 14 14 14 14 14 14 14 14 14
Asian American 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 1 2
1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009
Texas Senate–Composition
Texas Senate 1971-2009
0
10
20
30
Number of Members
Democrats 29 28 28 28 27 24 26 25 25 23 23 18 17 14 15 15 12 12 11 12
Republicans 2 3 3 3 4 7 5 6 6 8 8 13 14 17 16 16 19 19 20 19
Men 30 30 30 30 30 30 31 30 28 28 27 27 27 28 28 27 27 27 27 25
Women 1 1 1 1 1 1 0 1 3 3 4 4 4 3 3 4 4 4 4 6
Anglo 29 29 29 28 27 27 26 26 23 23 24 23 24 22 22 22 22 22 23 23
Hispanic 1 2 2 3 4 4 4 4 6 6 5 6 5 7 7 7 7 7 6 6
African American 1 0 0 0 0 0 1 1 2 2 2 2 2 2 2 2 2 2 2 2
1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009
Texas Legislature - Organization Leadership
Senate – Lieutenant Governor House – Speaker
Committees Types of Committees
Standing Special Interim Joint
Conference
Composition
House Committees – 81st Legislature
34 Standing Committees 28 Substantive 6 Procedural
18 Republican Chairs 16 Democratic Chairs
Senate Committees – 81st Legislature
18 Standing Committees16 Substantive2 Procedural
12 Republican Chairs 6 Democratic Chairs
Powers – Speaker of the House In the leadership system
Appoints chairs and vice chairs of substantive committees
Appoints housekeeping and leadership committees
Appoints speaker pro tempore
Powers – Speaker of the House In the committee system
Appoints half of substantive committee members Appoints all members of the Appropriations
Committee Appoints select, conference, and interim
committee members Determines jurisdiction of committees through
control over House Rules
Powers – Speaker of the House In the staff system
Appoints officers, employees, and personnel Appoints members of the Legislative Budget
Board (Speaker, Appropriations Chair, Ways and Means Chair, 2 others) and Legislative Council (House Administration Chair, 5 others).
Appoints members of the Sunset Advisory Commission (5 House members and 1 public member).
Powers – Speaker of the House In the system of rules and procedures
Writes the rules for the House Applies, enforces, and interprets the rules Refers bills to committees Presides over activities in the House Schedules bills for floor debate (Calendars
Committee)
Opposition in the House
House Study Group (1975) Opposition to Speaker Clayton Morphed into House Research Organization
Texas Conservative Coalition (1985) http://www.txcc.org/ Formed in opposition to legislation Created research institute
Legislative Study Group (1994) http://www.texaslsg.org/ Moderate and progressive members
Think Tanks
Texas Public Policy Foundation http://www.texaspolicy.com Conservative group Publications, Forums, etc.
Center for Public Policy Priorities http://www.cppp.org Progressive group Publications, Forums, etc.
Legislative Process - Introduction One primary author, cosponsors allowed – written
permission Filing dates – no limit during first 60 days, 4/5s
required after Copies – 13 required “preferred bills” – one per member – priority on
calendar First reading and assignment to committee – read
on 3 days – 4/5 to suspend – Speaker assigns
Legislative Process - Committee No bill can become law unless referred to and
reported on by committee Committee hearings – can consider legislation in
public hearings, formal meetings, and work sessions. Meetings open to the public. Votes in open meetings.
Before committee consideration – analysis of bill, fiscal note, and impact statement – criminal justice, equalized education funding, water development, tax equity, actuarial
Anyone can testify before a committee
Legislative Process - Committee Committee Actions
Amend bill Substitute bill Kill bill – chair determines when and if bill gets a
hearing. Two-thirds vote to remove bill. Minority report possible.
Subcommittee Referred by committee chair Members chosen by chair
Legislative Process – Committee Report Recorded vote adopting report Recommendation of assignment to a
calendar Amendments and recommendation Effect of bill on existing law Analysis and synopsis of bill Summary of committee hearing
Legislative Process – Calendar Committee
Assignment – 7 days – placed on one of House calendars
Placement – daily calendar – only bills debated on the floor. Cannot require placement by the committee – 36 hours before second reading
Legislative Process – Floor
Order of business Registration of members – 2/3 quorum Daily order of business
Call to order Registration of members Consideration of calendars – Emergency, Major
State, Constitutional Amendments, General State, Local, Consent, Resolutions
Legislative Process – Floor
Daily order of Business (Continued) Second reading – amendments possible. Sponsor
opens and closes debate (20 minutes). Others get 10 minutes. Limit by previous question or motion to limit amendments. Voting by voice or roll call.
Third reading – separate legislative day. Four-fifths to suspend rule. Amendments require 2/3 vote.
Legislative Process – Senate
Calendaring Function – “blocker” bill Intent Calendar – president of the Senate Two-thirds vote – 21 senators – to suspend
rules and consider bill Debates – no limit Filibuster
Legislative Process – Conference Committee
Five representatives Five senators Vote by chamber Majority of each chamber required Returns to chambers Only consider differences
Legislative Process – Gubernatorial actions Ten days to sign or veto bill if legislature is in
session. Bills effective 90 days after end of session
unless: later day set or emergency declared and 2/3 vote in both chambers (earlier date set)
Budgeting Process - Steps
Budget Preparation Governor’s Budget Office Legislative Budget Board (LBB)
Constitutional Limitations Balanced budget Limit on spending growth Comptroller’s estimate Comptroller’s certification
Budgeting Process - Steps
Budget Adoption Committee Hearings
House Appropriations Senate Finance
House and Senate Action Conference Committee
Budget Execution Governor and LBB must agree on movement of
funds
Influences on Legislative Behavior Legislative staff
Individual legislators Committees Institutional
Legislative Council Legislative Budget Board Senate Research Center
Influences on Legislative Behavior Relations with the governor
Call special sessions Determine agenda items for special session Veto bill
Relations with lobbyists Provide information Protect interests of groups represented
Join the Debate: Redistricting
Arguments for Nonpartisan Redistricting Parties should not be able to increase their
influence Legislatures will not be fair in redistricting Independent committee more likely to be fair
Arguments against Nonpartisan Redistricting Truly independent or nonpartisan redistricting
committee is impossible Plan consequences are observable Redistricting is a political process