StudySpace: We the People ed. 6

The Texas Legislature

The Texas legislature is often portrayed as a body of scoundrels and buffoons—and it does have its share. However, it is also a place of exceptional political talent and remarkable courage and eloquence. The legislature is changing, just as Texas is changing—and seemingly for the better.

I. How is the Texas legislature organized? What are the constitutional requirements for becoming a member? What is the current membership like?

• The legislature is a bicameral body with 150 members in the House and 31 members in the Senate.
• Under the Texas Constitution, a Senator must be at least twenty-six years old, a U.S. citizen, a qualified voter, and a resident of the state for five years and the district for one year.
• A House member must be at least twenty-one years old, a U.S. citizen, a qualified voter, and a resident of the state for two years and the district for one year.
• Generally, legislators have been white, Anglo-Saxon, males, who are attorneys or businessmen and Democrats.
• However, the legislature is become more diverse with more minorities (particularly Hispanics), women, and Republicans.
• Legislators are paid a salary of $7,200 a year plus a $128 per diem during the regular and special sessions.

 

Sessions of the Legislature

I. What are the different types of sessions in the Texas legislature?

• Regular sessions are limited to no more than 140 days in odd-numbered years. In the past, legislators were paid for only 120 days, in an effort to encourage them to end the session early.
• The governor may call a special session if work is unfinished, but the session may last for only 30 days and is limited to issues specified by the governor.

 

Powers of the Legislature

I. What are the powers of the Texas legislature? To what ends does it use these powers?

• The Texas legislature sets public policy by passing bills and resolutions.
• There are three types of bills: local bills, special bills, and general bills.
• There are three types of resolutions: concurrent, joint, and simple resolutions.
• The legislature also supervises the state bureaucracy through the budget process and the Sunset Act.
• The legislature provides constituent service and exercises electoral powers, directive and supervisory powers, and judicial powers.

 

How a Bill Becomes Law

I. What are the steps in the legislative process?

• Bills must be introduced by a member of the legislature.
• During a regular session there may be as many as 6,000 bills introduced.
• The bill is assigned to committee after its first reading, and this is where many bills die.
• A bill that is successfully marshaled through the committee stage is then sent to the Calendars Committee for scheduling for floor action.
• House rules closely regulate debate, whereas the Senate allows unlimited debate, raising the possibility of a filibuster.
• A conference committee is called if differences exist between the House and the Senate versions, and any compromise must be accepted without amendment by the House and Senate.
• The bill is then sent to the governor where it can be signed into law, allowed to become law without the governor’s signature, or vetoed.  The governor can also use the post-adjournment veto, and a line-item veto.

 

Other Players in the Legislative Process

I. In addition to legislators, who else are involved in the legislative process and what role do they play?

• The governor has the message power, may call special sessions, and has veto power.
• The comptroller of public accounts must certify the amount of anticipated revenue to comply with the balanced budget provisions of the Texas Constitution.
• The media can cover the legislature and inform the public in regard to the measures being considered by the legislature.
• The courts (federal and state) may impose legal requirements that force the legislature to provide funding that might have been unanticipated (e.g., education, prisons, and health care for the indigent).
• Lobbyists attempt to influence legislators on behalf of their interest groups.
• The public has a tremendous amount of influence over the legislature because it is the public who is empowered to throw the rascals out at the next election.

 

Power in the Legislature

I. Who are the most important leaders in the Texas legislature? What are their powers?

• The Speaker of the House is elected from a legislative district and is then chosen by the entire House to serve as the presiding officer of the Texas House.
• The lieutenant governor is elected in a statewide election and is the presiding officer of the Texas Senate.
• Together, these two individuals control the legislative process from start to finish and are probably the most powerful politicians in the state.

 

II. How does the battle over redistricting illustrate the party politics within the legislature?

• After every census, the state legislature must redraw legislative boundaries for the state legislature as well as for the U.S. House of Representatives.
• The process is highly partisan.
• If the legislature fails to reach an agreement on redistricting, the task falls to the Legislative Redistricting Board.

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