The Legislative Branch

Chapter 4

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

Legislative Branch and Democracy Powers of legislative leaders Legislative procedures