GOVT 2306

1. GOVT 2306 The Bill Making Process in Texas

2. In this section we walk through the bill making process in the state an closely follow the information made available online by the Texas Legislature.

3. The bulk of the material will be obtained through the website called the Guide to Texas Legislative Information.We will primarily follow the material it contains on the section on the Legislative Process. The Texas Medical Association provides a nice brief overview of the process.

4. We will also look at what’s contained in the Legislative Reference Library of Texas, which “performs research for Texas legislators, their staff, and legislative committees.”

5. Clicking here takes you to the TLR’s page on Bill Statistics which shows you how many bills have been introduced and passed going back to the 19th Legislative Session.The South Texas College of Law has a page detailing how to determine legislative intent. So does the LRL.

6. They also provide summaries of the work done by legislative sessions dating back to the 48th Session.

7. Members of the Texas Legislature can obtain help in creating legislation from the Texas Legislative Council.

8. Detailed background about the facts related to the subject matter of bills is provided by the House Research Organization.

9. When the legislature is in session, you can track bills by going to the Texas Legislature Online and click on Bill Lookup.

10. The Texas Tribune has a page that allows you to search the bills introduced in the 82nd Session.

11. There are several types of bills that can be introduced to the legislature, these are designated with different prefixes before the numbers which designate the order in which they were introduced.

12. The two general categories of legislation: bill and resolutions.

13. Resolutions are used to establish law, rather they “are commonly used to propose amendments to the Texas Constitution; take care of housekeeping functions; convey congratulations or condolences to individuals or groups in the state; express legislative intent; express an opinion or sentiment on matters of public interest; give direction to a state agency or official; or call on certain governmental agencies, offices, or units such as the U.S. Congress to take a specific course of action.”

14. There are three types, each with a distinct heading.

15. Joint resolutions are titled “HJR” and “SJR” depending on whether they originate in the House or Senate. They are used to propose amendments to the Texas Constitution and require a 2/3rds vote in each chamber to pass. They are not submitted to the governor, but do have to ratified by a simple majority of the popular vote.

16. Concurrent resolutions are titled “NCR” and “SCR” and are used “when both chambers have an interest in a particular matter. Such resolutions may originate in either chamber but must be adopted by both. Concurrent resolutions may be used for matters affecting operations and procedures of the legislature, such as joint sessions or adjournment sine die. They also are used to memorialize (petition) the U.S. Congress, give directions to a state agency or officer, express views of the legislature, or express congratulations or condolences. Concurrent resolutions, except those that pertain solely to matters between the two chambers, must be submitted to the governor for approval.”

17. Simple resolutions are titled “HR” and “SR” and “pertain to matters considered by the chamber of origin only. They are used for such purposes as adopting or changing rules of procedure or expressing congratulations or condolences.”

18. The legislature spends the bulk of its time focusing on bills.

19. What is a bill? A type of legislative measure that requires passage by both chambers of the legislature and action by the governor. A bill is the primary means used to create and change the laws of the state.

20. “HB” and “SB” are the designations given to House Bills and Senate Bills. The difference between the two depends on whether the bill in question was introduced in the house or Senate. Generally a bill introduced in one chamber is accompanied with a “matching bill” introduced in the other chamber. Bills have to passed by both chambers with identical language in order for them to be presented to the governor for a potential signature.

21. Types of bills: PublicLocal – or non controversialEmergency

22. Here’s a quick walk through of the bill making process following the steps outlined in the GTLI.For diagrams of the process for House and Senate bills click here. The Texas House also has a quick run-through of the process.

23. The process itself “is governed by the Texas Constitution, applicable statutes, and the rules of procedure of the senate and house, and the different phases of activity typically occur within a prescribed timetable. The rules of procedure are adopted by the respective chambers at the beginning of each session.”

24. A quick general point: the process is cumbersome and contains many points where bills can be defeated. While Texas has a far higher rate of bill passage than the US Congress, most bill do not make it through the process.While the legislature has the power to pass laws, the ability do so is hamstrung.

25. And one more quick point – or a reminder: Sessions of the Texas Legislature are limited to 140 calendar days. This does not give much time for bills to be considered. Activity can be very fast, especially toward the end of the session.

26. Here are dates of interest for the 83rd Session which convenes January 8, 2013.

27. How a Bill Originates

28. Bills originate as ideas from variety of places. They can come from the legislator, a particular constituency of the legislator, or a legislative committee. In Texas, powerful interest groups often generate bills that collectively attempt to influence the nature of governance in the state. Sometimes bills can be introduced repeatedly until conditions are ripe for their passage.

29. Bills have to be in a specific form – which can be found in the Texas Legislative Council’s Drafting Manual. Bills can only contain one subject, with the exception of general appropriations bills which are prepared by the Texas Budget Board.

30. Example of Groups: Texas Public Policy FoundationALEC

31. Introducing a bill

32. Any member of either chamber can introduce bills in that chamber by providing a required number of copies to the chief clerk, who then assigns the bill a number.A few rules apply to when and how bills can be introduced.

33. Bills can be pre-filed beginning the Monday following the general election. For the 83rd session, that date is Monday November 12, 2012.

34. Any bill can be introduced on any subject during the first 60 days of the session. After 60 days, only local or emergency bills can be introduced.

35. The governor can also declare certain bills to be “emergency bills” and these are fast-tracked through the legislative process.

36. Referral to a committee

37. After a bill is introduced into one of the chambers of the legislature, the caption is read and it is referred to a committee by the Speaker or Lieutenant Governor. This is an additional power for each of these offices. Discretion over which committee considers the bill can help determine the fate of a bill.

38. Committees exist in order to allow subsets of legislators to focus on specific types of legislation. The Speaker and the Lieutenant Governor have the sole power to appoint members to committee, as well as appoint committee chairs. This is a key source of their strength. Committee members can then hold hearings on the bills, modify it, or table it meaning that it dies in committee. Bills must be reported out of committee in order for it to move forward. This is the most common place for bill to die.

39. Committees may the most important institution in the legislature because that is where the actual subject matter of legislation is established.

40. It is crucial for members of the legislature to be assigned to committees that give them jurisdiction over issues important to their constituents. This need creates leverage for each chamber’s presiding officer. Members must cooperate with the officer’s objectives in order to be appointed to their preferred committees.

41. “Committees are formed at the beginning of the regular session and generally consist of 5 to 29 members. For committees of the house of representatives, membership of most committees is determined in part by seniority and in part by appointments by the speaker. Each representative sits on at least one committee, and most representatives sit on two or three committees. The house in the 80th Legislature had 40 substantive and procedural standing committees.”

42. “For committees of the senate, membership is determined entirely by appointments by the lieutenant governor. Senators generally sit on three or four committees each, and the senate in the 80th Legislature had 15 standing committees.”

43. Click here for House CommitteesClick Here for Senate Committees

44. There are two general types of committees in the Texas Legislature. Substantive committees, where bills are considered, and procedural committees, that determine how the legislature operates.

45. The committee chair may decide to appoint subcommittees to consider certain types of bills.

46. Once a bill is referred to committee, a determination is made as to whether the bill will involve any costs. If so, a fiscal note must be prepared by the Legislative Budget Board that accompanies the bill as it goes through the legislative process.

47. FISCAL NOTE—An estimate, prepared by the Legislative Budget Board, of the probable costs that will be incurred as an effect of a bill or joint resolution.

49. Committees can then hold public hearings on the bills – if they choose to do so. After consideration, the committee may choose to report out a bill. This means they pass it and report to others in the legislature why.

50. If the committee reports unfavorably on a bill, it is generally dead, but if an interested minority of the committee approves of the bill, it can issue a minority report which can be adopted by a minority of the House or by 2/3rds of the Senate.