Chapter 3

1. Chapter 3 The Texas Legislature http://www.legis.state.tx.us/

2. Texas Legislature in Context • Bicameral (two chambers): House and Senate • Population size of legislative districts must be roughly the same [Reynolds v. Sims (1964)] • Biennial regular session (140 days every other year) • Governor may call thirty-day special session(s) and set session agenda/topic • Currently, 83rd TX Leg in session (Jan. 8, 2013)

3. Typologies of State Legislatures • Citizen legislature—Part-time salary and job requirements; desire is to prevent professionalization of politics • Professional legislatures—Full-time salary and requirements • Texas considered a hybrid: • Only 140 days of every 730 (two years) are in session • Low annual salary: just $7,200 + per diem of $139 each day attended; total $33,680 for 2 yrs, avg 16,930 • Generous retirement benefits

4. Qualifications for Office and Length of Terms

5. Elections • Elections held every 2 yrs • Senate staggered ½ each election, except after redistricting which requires whole Senate re-elected. Lottery determines who goes on 2 yr vs 4 term • No term limits in either chamber • Incumbency rate: 80% + • Need sufficient monies to win • Primary election often more important than general election in Nov. • http://www.laits.utexas.edu/txp_media/html/part/features/0400_02/slide1.htmlfor incumbency graph

6. Theories of Representation • Delegate Theory – follow constituents' instructions over personal beliefs • Trustee Theory – faith that rep do the right thing as has more info than voter • The Politico Approach – get me reelected • Microcosm Theory – legis mirrors demographics of whole population

8. Electing the State Legislature • Single-member district - only one person per office elected • Adv: minorities impact elec outcome more • Plurality = the most • Majority = 50%+1 • SMDP versus SMDM: • SMDP used for General Election • SMDM used for primaries (TX legis, US HR & US Sen, local officials)

9. New Numbers = New Maps • Redistricting: state redraws district based on new US census data • One person, one vote [necessary numerical equality, contingency, and compactness] • Gerrymandering = drawing district lines to favor one party/group over another • DOJ approves new maps to ensure no racial discrimination

10. Gerrymandering

11. Who wins?

12. Legislative Organization • Chamber Leadership: • Lieutenant Governor (Senate; elected by voters) and Speaker of the House (House; selected by members) • Powers include assigning members to standing committees, appointing committee chairs, and serving on the Legislative Budget Board (LBB) • Party Organization: • Party caucuses versus Special caucuses

13. Legislative Organization (con’t):Committees • Standing committees —permanent, House and Senate exclusive formal work groups that typically exist across sessions and across elections; specific topics • Select committees—temporary work groups created by the presiding officers of each chamber for a special purpose; also called “joint committees” • Interim committees—legislative work groups created in between sessions to address specific problems and to research specific issues • Conference committees—as part of the legislative process, empanelled to reconcile House and Senate versions of a bill • Calendars committee – all members selected by the Speaker ; controls scheduling of bills in House

14. Legislative Process • Bills versus resolutions. • Public hearings, committee debates, mark-up sessions, and amendment opportunities precede the standing committee’s final vote on the bill. • Each chamber is able to conduct floor debate. • Senate filibuster limited to one senator only – no teams or yielding and no cloture to stop • A bill passed by each chamber (an “enrolled bill”) is considered by the governor. • In Texas, the governor has a variety of choices when responding to a bill

15. Readings • Bill must be approved after 3 readings in the house and senate • 1st reading – referral to committee • 2nd reading – prior to floor debate & vote • 3rd reading –prior to going to other house, read and vote again

16. Approval • Exactly verbatim in both versions of bill, House and Senate • If not exact, then goes to conference committee • Members selected by House (5 members) and Senate (5 members) • To pass, must receive 3/5 of House members and 3/5 of Senate members • Not 6/10 as doesn’t equally represent each house.

17. Governor’s Action • Sign bill into law; effective in 90 days • Sooner if appropriations or emergency legislation • Nothing, and it becomes law after • 10 days if legis in session or 20 days if not in session • Veto whole bill • Override by 2/3 legis if in session • Line-item veto for money items • Role of Comptroller – must certify that adequate revenues available for any expenditure of funds

18. Weird Texas words • Tagging – way for 1 senator to kill a bill by delaying hearing on bill for 48 hours • Bracketing – wording bill so that only one specific locale is effected • Ex. “any city with over 3 mil.”  Houston • Pre-filing – allowing bills to be filed after Nov. election and prior to start of session • Sunset Advisory commission – state agency that evaluates and recommends whether a state agency should be continued or abolished. • Sunshine laws = Open public meetings laws; applies to all govt’l entities including HOAs