by Loren Miller

1. THE TEXAS LEGISLATURE by Loren Miller

2. Points to Ponder . . . . • In 1965, a member of the Texas House submitted a resolution commending Albert DeSalvo for his efforts in population control. No one checked to see who Mr. DeSalvo was. It passed. • The next day, the New York Times informed the world that the Texas Legislature had just commended the “Boston Strangler.” • In 1969, a newly elected member of the Texas House was in Austin for new member orientation. That night he went out on 6th street, got drunk and when a bouncer tried to escort him out of the establishment, he pulled a gun and informed the patrons that “I’m a member of the legislature, and you can’t do this to me.” • This also made the New York Times.

3. Points to Ponder . . . . • In 1963, a bill that would have fined a Texan $50 for flying the United Nations flag failed after an amendment jacked up the penalty to death. Treason is treason!! • In 1981, there was HB 3333. If it had flown it would have created a Board of T-Shirt Design Examiners. • In 1983, there was HB 38-24-36 (yes, you got it right) to create a Board of Ecdysiast Examiners. (Ecdysiasts are strippers).

4. Points to Ponder . . . . • In 1981, Rep. Mike Martin hired his cousin to give him a shotgun wound – heroic, not fatal – so that he could boast that he’d been attacked by a satanic cult alarmed by his conservatism. • In 1983, Rep. Jimmy Mankins proposed a law to relieve Texas prisons. He hope to parole volunteer Texas convicts and buy them a one-way bus ticket to Washington, D.C., after they promised never to return to Texas. He gave Cuba’s Fidel Castro credit for the idea. • Up until 1900, lawmakers carried concealed guns to work.

5. Points to Ponder . . . . Rep. “Mad Dog” Mengden (from Houston) began a speech about sex education thusly: “This is the way I see the problem, if there is a problem, which I deny.” This year his legislative program includes prison reform—he wants female convicts to be more ladylike.

6. Points to Ponder . . . . On environmental legislation, Rep. Billy Williamson (whose district included an asbestos plant) stated: “I think we are all willing to have alittle bit of crud in our lungs and a full stomach rather than a whole lot of clean are and nothing to eat. And I don’t want a bunch of environmentalists and Communists telling me what’s good for me and my family.”

7. Points to Ponder . . . . • In 1971, Rep. Jim Kaster introduced a bill requiring felons to submit twenty-four hour notice of what crimes they planned to commit and where. • Curtis Graves introduced a bill commonly referred to as “Curtis’ Clean Crapper Bill” as an effort to have minimum standards of cleanliness for public johns in the state.

8. Points to Ponder . . . . • In the early 90’s, a member of the legislature introduced a resolution to create a committee to recommend to the next session of the legislature the “official color of the official state condom.” It passed. • In the mid 90’s, during a debate on an open container law, a member of the legislature stated that “Bubba, after a hard day’s work at the factory or on the farm, deserves to swig a few on the way home.” • “If you took all the fools out of the Legislature, it wouldn’t be a representative body anymore.” Carl Parker former State Senator

9. Points to Ponder . . . . • In early 1997, Senator Drew Nixon (R-Carthage) was arrested in South Austin with an unlicensed handgun in his automobile after he was taped and filmed bargaining for sex from an undercover policewoman. He pled guilty to a Class B misdemeanor and served a 6-month sentence on weekends while continuing in office. • His election campaign focused on “family values.” • In 1999, a 20-year-old Brazosport College student working for Senator J.E. Brown (R-Lake Jackson) complained that he had fondled and attempted to kiss her while giving her a golf lesson in his law office. Although Brown publicly gave his former employee a letter of apology, he continued in office.

10. Points to Ponder . . . . • An abortion bill was being debated in the 2013 legislative session. An amendment was offered to exempt victims of rape or incest from the 20th week requirement. Representative Jodi Laubenberg (R., Plano) spoke against the exemption stating that rape kits used in hospitals can prevent unwanted pregnancies. • Rape kits are used to collect evidence in a sexual assault

11. It’s Not Just Legislators . . . . • The Round Rock Leader ran a reader poll asking, “If the election was today, would you vote for Obama or Romney?” but offered responses of only “yes” and “no.” “No” won with 56 percent. • Lubbock County judge Tom Head claimed on a local news program that a proposed tax increase would be needed to put down civil unrest and defend the county from invading United Nations forces should President Obama be reelected.

12. Bring in the Clowns . . . .

13. Texas Legislature Over Time House Senate

14. The Rise of the Republicans1970-2000 Texas Democrats are more conservative than Democratic. Democratic presidential candidates have been viewed by many Texans as being “too liberal.” Bedroom communities of major Texas cities have attracted white collar industries whose workers tend to be Republican. Blacks and Hispanics, who tend to be Democrats, do not turn out to vote to the same extent as Anglos. Impact of the Voting Rights Act of 1965.

15. Rise of the Republican South% Republican Seats

16. The Fall of the Republicans??2020+ The labor force today is 64 percent Anglo and 22 percent Hispanic. By 2030 it will be 45 percent Hispanic and 37 percent Anglo. The average household income for 2000 was $45,736. In 2030 it will be $42,620. In the past, Republicans have based winning at least 2/3’s of the Anglo vote, 1/3 of the Hispanic vote, and 1/10 of the Black vote With the rapid growth of the Hispanic population, Texas may become a competitive two-party state.

17. Mitt Romney’s Stance on Hispanic Issues: He vowed to veto the DREAM Act which would make non-citizens who serve in the military eligible for citizenship. He favored a system of self-deportation, a policy that involves making economic conditions so difficult for undocumented workers that they choose to leave the country. If they want to return, they would then get in the “back of the line.”

18. Arizona Immigration Law: Requires that state law enforcement officials attempt to determine an individual’s immigration status during a “lawful stop, detention, or arrest” or during a “lawful contact” not specific to any activity. Sotomayor Vote Latino Vote: 44% for Bush (2004) 31% for McCain (2008) 27% for Romney (2012)

21. The Fall of the Republicans??2020+ % Texas

22. Problems for the Democrats in TexasLatino Voter Turnout Bureau of the Census, 2011

23. The Fall of the Republicans??2020+ Non-Hispanic, White Hispanic Asian Other Black 2000 2020 2050 National Totals

24. “The future of Texas is tied to its minority populations. How well they do is how well Texas will do.” Steve Murdock, demographer, Texas A&M University

25. METHOD OF ELECTION The Texas Legislature is a bicameral body: -- 31 members of the Texas Senate -- 150 members of the Texas House -- all are elected from single-member districts

26. Reapportionment(Used to redistribute the 435 seats in the U.S. House) • Done by the Bureau of the Census every ten years • A mathematical process (as opposed to a political process) • Texas uses the census figures to divide the state into the appropriate number of districts (31 and 150)

27. Texas: 2010 • The Population of Texas 25,500,000 • 25,500,000 • 150 • 25,500,000 • 31 170,000 823,000

28. Redistricting The people do not select their representatives; the representatives select their people.

29. Redistricting • Done by each state legislature usually every ten years, but legally this can be done more often than every ten years (LULAC v. Perry, 2006) • A political process

30. Battles of the 1960s • State legislatures, dominated by rural interests, but whose states were predominantly urban, were challenged in a series of Supreme Court cases beginning in 1960.

31. Supreme Court Requirements • Within each state, the population of each district should be as equal as possible [(Baker v. Carr, 1960) Silent Gerrymander] • The districts must be contiguous • Districts must not be drawn to discriminate against minorities

32. One Person, One Vote • Baker v. Carr (1960) – lower house, state legislature • Wesberry v. Sanders (1964) – U.S. House of Representatives • Reynolds v. Sims (1964) – upper house, state legislature

33. Avery v. Midland Co. (1968) City of Midland 98% of County’s Population

34. Texas 1971U.S. House of Representatives FortWorth Dallas

35. Voting Rights Act of 1965 • Districts can not be drawn to discriminate on the basis of race or color • It’s very difficult to prove discriminatory intent or purpose (Voting Rights Act of 1965). In 1982 Congress outlawed any arrangement that had the effect of weakening minority voting power (intended or not).

36. Voting Rights Act of 1965 • Areas with a history of discrimination, such as Texas, had to submit redistricting plans to the U.S. Department of Justice for approval before they can go into effect. • This is no longer the case as the Supreme Court ruled that “preclearance” is no longer required. Shelby County v. Holder (2013)

37. Creating Minority Districts • Increasing representation to one group almost always means decreasing the political influence of another. • Blacks v. Hispanics in almost any large urban area • Districts can be created to protect incumbents • Davis v. Bandemer, 1986

38. Gerry-mander Named after Elbridge Gerry, one of our founding fathers.

39. Gerrymander • A term used to describe a district that has been drawn in an unusual shape for political reasons • “Gerrymander” has a negative connotation • One person’s “gerrymander” is another’s “creatively drawn” district

40. Gerrymander • The key concept to grasp is that there are no neutral lines for legislative districts. • “Gerrymandering is somewhat like pornography—you know it when you see it, but it’s awful difficult to define.“ Rep. AbnerMikva Colbert Report, Gerrymandering

41. Types of Gerrymander • Cracking • Packing • Pairing

42. Cracking Gerrymander: Type I State City 50%

43. Cracking Gerrymander: Type I State Black

44. Packing What would you consider to be a comfortable margin of victory for “your side”? Then your goal in drawing districts is to create as many districts as possible with this comfortable victory margin for “your side.” Gerrymander: Type II

45. District 1 Democrat 42% Republican 58% District 2 Democrat 73% Republican 27% Gerrymander: Type II Who Drew These Districts?? Democrats or Republicans

46. Gerrymander: Type II • In 1992, of Texas’ 30 representatives, there were 18 Democrats and 12 Republicans. • The average margin of victory for the 18 Democrats was 58%. • The average margin of victory for the 12 Republicans was 76%. • Then federal judges ordered the redrawing of several districts.

47. Gerrymander: Type II • In 1996, of Texas’ 30 representatives, there were 17 Democrats and 13 Republicans. • The average margin of victory for the 17 Democrats was 59%. • The average margin of victory for the 13 Republicans was 66%.

48. Pairing District 1 Gerrymander: Type III District 2 Liberal Democrat Conservative Democrat

49. Pairing New District 1 Gerrymander: Type III New District 2 Liberal Democrat Conservative Democrat

50. Pairing District 1 Gerrymander: Type III District 2 Liberal Democrat Liberal Democrat