1. GOVT 2302 The Texas Legislature – Constitutional Design

2. In this section we will walk through Article III of the Texas Constitution, section by section, and discuss each in turn. Article III provides the building blocks of the Texas Legislature and details aspects of the power of the purse in the state.

3. If you find these power points clunky, these resources might be more helpful: - Texas Politics: The Legislative Branch. - Citizen Handbook: How the Texas Legislature Works. - TSHA: Texas Legislature.Texas Politics: The Legislative BranchCitizen Handbook: How the Texas Legislature WorksTexas Legislature

4. If you are ambitious: Here is a detailed history of the constitutional design of the legislative department in Texas beginning in 1836. It provides a detailed history of each of these sections. It was produced by the Texas State Law Library.detailed history of the constitutional designTexas State Law Library

5. This section will stick to issues directly tied to the Texas Constitution. Other issues – for example, those related to parties – will be discussed elsewhere.

6. As you already know, the Texas Legislature is one of three branches of Texas government. It is the law making branch, the one that allows for the diverse interests in the state to have an influence on statewide policymaking.

7. Article II of the Constitution establishes that Texas’ government in composed of three distinct branches. Here is the text:

8. DIVISION OF POWERS; THREE SEPARATE DEPARTMENTS; EXERCISE OF POWER PROPERLY ATTACHED TO OTHER DEPARTMENTS. The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.

9. The three branches have unique functions: Legislature – make laws Executive – implement laws Judiciary – adjudicate laws

10. The US Constitution does not contain a similar clause. It does not claim to be a system of separated powers, it simply is a system of separated powers.

11. In 2305 we discussed the principle of separated powers exhaustively. James Madison argued that the combination of legislative, executive, and judicial powers in one institution was tyranny. In such a system, there is no way to limit power. The division of power into three branches is meant to make the establishment of a tyranny difficult – though not impossible. Forces will always attempt to combine these powers together.

12. The Texas Constitution also separates powers by requiring that each keep within its own sphere of authority. The checks and balances are meant to ensure that the ambitions of each are the primary mechanisms for doing so.

13. Recall that the separated powers are kept separated by the internal design of governing institutions. The ambitions of each are intended to counteract the ambitions of the other.

14. Remember that the 1876 Texas Constitution was written by agrarians in the 1875 Convention (see Texas Politics here) that reacted against the strong state government created in the 1869 Constitution. See the Journals of the 1875 Convention here.1875 Conventionsee Texas Politics here See the Journals of the 1875 Convention here.

15. Many of the features we will see here were designed to limit legislative power – in the same way that features limited executive and judicial power as well. These will be pointed out as we go along. One of the criticisms of the Texas Constitution is that the language that limited governmental power has required multiple amendments added piecemeal over time to allow the Texas government to address the different issues that come up from time to time.

16. This helps explain the length and confusion of much of the article. (you have been warned) It also helps to explain the length of this section – why so many power points.

17. Again: The Texas Legislature is outlined in Article Three of the Texas Constitution. You might want to also read the legislature’s entry in the Handbook of Texas Online. Article Three of the Texas Constitutionlegislature’s entry

18. Here is a link to the original wording of Article 3 of the 1876 Constitution. It had 58 Sections and 3,809 wordslink to the original wording

19. It has since been amended considerably – as has all of the Texas Constitution. In the current version, the article contains 67 Sections and 29,557 words.

20. As discussed elsewhere, the additional language places more clearly defined boundaries on the activities of the legislature. It makes it more difficult to change as well without additional constitutional amendments.

21. Section 1 contains the vesting clause. SENATE AND HOUSE OF REPRESENTATIVES. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled "The Legislature of the State of Texas."

22. The language establishes a bicameral legislature and vests it with the power to make laws. In a broader sense, it also provides representation for the general population and checks the executive and judicial branches. Historically, it has also served as the watchdog over the public treasury and protects it from the executive branch.bicameral legislatureto make laws

23. This is what the building looks like:

25. Here’s a floor plan that shows you where the two chambers are located. The House is to the left and the Senate is to the right.

27. And links to each institution’s homepage: The Texas House The Texas Senate Plus an all purpose site: Texas Legislature Online. The Texas House The Texas SenateTexas Legislature Online

28. Ballotpedia has links on each as well. Here is the House, here is the Senate.House Senate

29. As with the US and all but one state (Nebraska), Texas has a unicameral legislature composed of a lower chamber (the House) and an upper chamber (the Senate).

30. For more detail on state legislatures click on the website of the National Conference of State Legislatures, read the mission of this organization here. Click here for comparisons of state legislatures.National Conference of State Legislaturesmission of this organization here Click here for comparisons of state legislatures.

31. Section 2 states how large each is. Sec. 2. MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty- one members. The House of Representatives shall consist of 150 members.

32. Click hereClick here for the House members of the 82 nd Session. Click here for the Senate Members of the 82 nd Session. Click here

33. Districts are described below, but here’s an early peek:

34. Texas House Districts

35. ACC is in the 29 th House District. Here is a description of it from the Texas Tribune. District analyses can be found on Randy Weber’s House home page.description of it home page

36. It was represented by Randy Weber in the 82 nd Session. Here is his profile in the Texas Tribune.Randy Weberprofile

37. Texas Senate Districts

38. ACC is also in the 11 th Senate District. Here is the Texas Tribune’s description. District analyses can be found on Mike Jackson’s Senate home page. descriptionDistrict analyses

39. It was represented by Mike Jackson in the 82 nd Session. Here is his profile in the Texas Tribune.Mike Jacksonprofile

40. As with most bicameral systems, the House has more members than the Senate. This allows for more focused representation of a smaller group of people in the House and a greater ability to focus on the greater interests of the state in the Senate.

41. The Floor of the House

42. The Floor of the Senate

43. Section 3 describes the election and terms of office for Senators

44. Sec. 3. ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the qualified voters for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one half of the Senators shall be chosen biennially thereafter. Senators shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

45. Click on Ballotpedia for detail on the 2012 Senate elections.Ballotpedia

46. Section 4 describes the election and terms of office for Members of the House

47. Sec. 4. ELECTION AND TERM OF MEMBERS OF HOUSE OF REPRESENTATIVES. The Members of the House of Representatives shall be chosen by the qualified voters for the term of two years. Representatives shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

48. Click on Ballotpedia for detail on the 2012 House elections.Ballotpedia

49. 2 year terms for the House 4 year overlapping terms for the Senate All are elected by the qualified voters of the state.

50. For information about Texas Legislators Past and Present click here. Here is a break down of party affiliations in the Texas Legislature. And member statistics for recent legislaturesTexas Legislators Past and Present click herebreak down of party affiliationsmember statistics

51. Section 5 establishes meeting times and how business is conducted. It also begins to describe the bill making process.

52. (a) The Legislature shall meet every two years at such time as may be provided by law and at other times when convened by the Governor.

53. It meets every two years – note that the US Congress meets every year. The Texas Legislative Reference Library details past legislative sessions and years. The Governor cannot convene the Legislature for the general session, but he can for special sessions. The President does not have a similar power over Congress. He can only do so in “extraordinary” situations.details past legislative sessions

54. By the way, the most recent session of the legislature was called the 82 nd session because it was the 82 nd time the legislature has met in Texas history. Here are dates of interest for the 83 rd Session.dates of interest

55. (b) When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.

56. (c) Notwithstanding Subsection (b), either House may determine its order of business by an affirmative vote of four-fifths of its membership.

57. This begins the outline of the bill making process, which is described separately in many places. Here is a description from the House.description from the House

58. Legislation cannot be considered during the first 60 days of the session. The first 30 days are devoted to the introduction of bills, the next 30 days to the consideration of bills in committees. The legislature can only consider bills if the governor declares that there is an emergency that requires immediate consideration. Governor Perry did so in the 82 nd Session with a sonogram bill. Commentary on the process here.a sonogram billCommentary on the process here

59. Note: While the office of the governor of Texas is argued to be weak. We will note that the office has tremendous power over the legislature. Click here for Governor Perry’s comments on the 82 nd Session. comments on the 82 nd Session

60. There are many different types of bills that can be introduced. Click here for descriptions.Click here for descriptions

61. The Texas Legislative Council describes how a bill originates and the process of introducing a bill.how a bill originatesintroducing a bill

62. In case you are curious, here are statistics detailing the number of bills files in the legislature since the 19 th Session, and the number of bills passed and vetoed. In the 82 nd Regular Session, 10,315 bill were introduce and 5,526 were passed. 25 were vetoed by the Governor.here are statistics

63. Section 6 establishes the qualifications for Senators

64. Sec. 6. QUALIFICATIONS OF SENATORS. No person shall be a Senator, unless he be a citizen of the United States, and, at the time of his election a qualified voter of this State, and shall have been a resident of this State five years next preceding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-six years.

65. Section 7 establishes the qualifications for Representatives

66. Sec. 7. QUALIFICATIONS OF REPRESENTATIVES. No person shall be a Representative, unless he be a citizen of the United States, and, at the time of his election, a qualified voter of this State, and shall have been a resident of this State two years next preceding his election, the last year thereof a resident of the district for which he shall be chosen, and shall have attained the age of twenty-one years.

67. Section 8 states that each chamber can judge the qualifications and elections of its members.

68. Sec. 8. EACH HOUSE JUDGE OF QUALIFICATIONS AND ELECTION; CONTESTS. Each House shall be the judge of the qualifications and election of its own members; but contested elections shall be determined in such manner as shall be provided by law.

69. Section 9 is lengthy. In section (a) it states that the Senate shall select a president pro tempore who shall perform the duties of the Lieutenant Governor if that office is vacated.

70. The office of the Lieutenant Governor is established in Article IV. Its powers are outlined in the Senate Rules. Senate Rules

71. The Lieutenant Governor has the ability to appoint people to committees, appoint committee chairs, direct the flow of legislation through committees and on the floor. This is established in the Senate Rules. See TSHA: Lieutenant Governor.Lieutenant Governor

72. The President pro tempore (for the time being) in the 82 nd Legislature was our own Mike Jackson. Here’s coverage of the exciting news. The President pro tempore is third in line to the governorship. Click here for a list of all past Presidents pro tempore. (Wikipedia)Mike Jacksoncoverage of the exciting newsthird in line to the governorship Click hereWikipedia

73. A different member of the Senate - usually a senior member - is elected at the end of the session to serve as President pro tempore during the interim when the Legislature is not in session. – Texas PoliticsTexas Politics

74. And: (b) The House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a Speaker from its own members. (c) Each House shall choose its other officers.

75. As in the US Constitution, not a lot is stated in the Texas Constitution about the power of the Speaker. The Rules of the Texas House give the office considerable power over the committee system and the bill making process, as well as procedures on the floor of the Senate. These are contained in Rule 1 of the House Rules.Rule 1 of the House Rules

76. It also provides detail about how the Texas Speaker is elected. The process can be found here as well. Note that the Speaker is elected by a secret ballot in order to ensure that members who voted against him will not be punished with bad committee assignments.found here as well

77. Here are Speaker Strauss’ recent committee assignments, and some stories related to his past elections as Speaker.recent committee assignmentssome stories

78. Just like the Lieutenant Governor, the Speaker has the ability to appoint people to committees, appoint committee chairs, direct the flow of legislation through committees and on the floor. This is quite a bit of power.Speaker

79. List of past SpeakersList of past Speakers. TSHA: Speaker of the House.

80. Section 10

81. Sec. 10. QUORUM; ADJOURNMENTS FROM DAY TO DAY; COMPELLING ATTENDANCE. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide.

82. A quorum is the minimum number of members of the legislature necessary to do business.quorum

83. This presents a tactical opportunity: Quorum Breaking. Sometimes a minority of members can prevent business from going forward by not going to the legislature. As long as at least 51 House members, or 11 Senate members are gone, nothing can proceed. Quorum Breaking

84. Here are two examples: 1979: The Killer Bees. 12 Senators hid out in Austin to prevent an election bill from being presented on the floor. 2003: The Killer D’s. 52 House members, all Democrats – fled the state to temporarily halt redistricting in 2003. The Texas Eleven fled the Senate.prevent an election billKiller D’sThe Texas Eleven

85. Section 11

86. Sec. 11. RULES OF PROCEDURE; EXPULSION OF MEMBER. Each House may determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two- thirds, expel a member, but not a second time for the same offense.

87. The rules of procedure for the House can be found here and those of the Senate here. House can be found hereSenate here

88. Here are notesHere are notes from a committee which meet to consider expelling a member in 1909. The NCSL describes the process across the nation. Texas has never expelled a member.NCSL describes

89. Section 12

90. Section 12 is also lengthy. It states that the Legislature must keep a journal, and describes the process for recorded votes.

91. (a) Each house of the legislature shall keep a journal of its proceedings, and publish the same. Links to the journals can be found here. Links to the journals can be found here

92. The remainder of the section adds detail to this requirement.

93. Section 13 VACANCIES; WRITS OF ELECTION.

94. (a) When vacancies occur in either House, the Governor, or the person exercising the power of the Governor, shall issue writs of election to fill such vacancies; and should the Governor fail to issue a writ of election to fill any such vacancy within twenty days after it occurs, the returning officer of the district in which such vacancy may have happened, shall be authorized to order an election for that purpose. (b) The legislature may provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy.

95. What is a writ of election? “A writ by an executive authority requiring the holding of an election, especially one issued by a governor to require a special election for filling a vacancy in the representation from a state.”

96. Here’s an announcement about a special election from the Governor’s office on January 25, 2002. And one from July 20, 2011.an announcement about a special electionAnd one from

97. Section 14 PRIVILEGED FROM ARREST

98. Senators and Representatives shall, except in cases of treason, felony, or breach of the peace, be privileged from arrest during the session of the Legislature, and in going to and returning from the same.

99. This is similar to the right detailed in the US Constitution. It is intended to ensure that the legislature cannot be intimidated by the executive. The purse is protected from the sword.

100. Section 15 DISRESPECTFUL OR DISORDERLY CONDUCT; OBSTRUCTION OF PROCEEDINGS

101. Each House may punish, by imprisonment, during its sessions, any person not a member, for disrespectful or disorderly conduct in its presence, or for obstructing any of its proceedings; provided, such imprisonment shall not, at any one time, exceed forty-eight hours.

102. Section 16 OPEN SESSIONS

103. The sessions of each House shall be open, except the Senate when in Executive session.

104. The Texas House and Senate have galleries where spectators can watch the proceedings.

105. Section 17 ADJOURNMENTS

106. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that where the Legislature may be sitting.

107. Section 18 INELIGIBILITY FOR OTHER OFFICES; INTEREST IN CONTRACTS

108. Section 19 INELIGIBILITY OF PERSONS HOLDING OTHER OFFICES

109. No judge of any court, Secretary of State, Attorney General, clerk of any court of record, or any person holding a lucrative office under the United States, or this State, or any foreign government shall during the term for which he is elected or appointed, be eligible to the Legislature.

110. Section 20 COLLECTORS OF TAXES; PERSONS ENTRUSTED WITH PUBLIC MONEY; INELIGIBILITY.

111. No person who at any time may have been a collector of taxes, or who may have been otherwise entrusted with public money, shall be eligible to the Legislature, or to any office of profit or trust under the State government, until he shall have obtained a discharge for the amount of such collections, or for all public moneys with which he may have been entrusted.

112. Section 21 WORDS SPOKEN IN DEBATE

113. No member shall be questioned in any other place for words spoken in debate in either House.

114. Section 22 DISCLOSURE OF PRIVATE INTEREST IN MEASURE OR BILL; NOT TO VOTE.

115. A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon.

116. Section 23 REMOVAL FROM DISTRICT OR COUNTY FROM WHICH ELECTED

117. If any Senator or Representative remove his residence from the district or county for which he was elected, his office shall thereby become vacant, and the vacancy shall be filled as provided in section 13 of this article.

118. Section 24 COMPENSATION AND EXPENSES OF MEMBERS OF LEGISLATURE; DURATION OF SESSIONS.

119. This is one of the more consequential sections.

120. (a) Members of the Legislature shall receive from the Public Treasury a salary of Six Hundred Dollars ($600) per month, unless a greater amount is recommended by the Texas Ethics Commission and approved by the voters of this State in which case the salary is that amount. Each member shall also receive a per diem set by the Texas Ethics Commission for each day during each Regular and Special Session of the Legislature. (b) No Regular Session shall be of longer duration than one hundred and forty (140) days. (c) In addition to the per diem the Members of each House shall be entitled to mileage at the same rate as prescribed by law for employees of the State of Texas.

121. Members of the legislature are to be paid $600 per month. Any changes have to be recommended by the Texas Ethics Commission and approved by the voters. The Regular Session can’t be longer than 140 days. Members also receive a per diem when the legislature is in session and can be compensated for mileage. This section has been amended several times.

122. Altogether, these factors are meant to guarantee an amateur legislature composed of members who are part time legislators and continue to have occupations elsewhere. Is an amateur legislature a good thing? Here’s an argument that it is not.argument that it is not

123. Is 140 days too short? Does it give enough time for legislators to read and understand the laws they are voting on? Does low pay discourage otherwise competent candidates from running for office?

124. Is low pay a throw back to the days when legislating was done by elite gentlemen?

125. Here is a comparison of the salaries of legislators throughout the states. salaries

126. Section 24a TEXAS ETHICS COMMISSION

127. This section establishes the Texas Ethics Commission. Website TSHA Texas Tribune Star-Telegram Wikipedia Website TSHA Texas Tribune Star-Telegram Wikipedia

128. The commission was established in 1991 by a voter approved constitutional amendment.

129. Its purpose is to "provide guidance on various public ethics laws“ in Texas. Among other things it set the pay of members of the legislature (subject to voter approval), administers laws concerning political contributions and expenditures and lobbying registration.political contributions and expenditureslobbying registration

130. Section 25 SENATORIAL DISTRICTS

131. The State shall be divided into Senatorial Districts of contiguous territory, and each district shall be entitled to elect one Senator.

132. Section 26 APPORTIONMENT OF MEMBERS OF HOUSE OF REPRESENTATIVES.

133. The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties.

134. Section 27 ELECTIONS

135. Elections for Senators and Representatives shall be general throughout the State, and shall be regulated by law.

136. Section 28. TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE REDISTRICTING BOARD.

137. This is a lengthy section that details the redistricting process. The primary responsibility to do so is given to the legislature, but if they cannot, then it is given to the Legislative Redistricting Board.

138. The section then goes onto create the Legislative Redistricting Board of Texas, which “shall be composed of five (5) members, as follows: The Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the Comptroller of Public Accounts and the Commissioner of the General Land Office.”

139. Some links related to the board: Website Texas Tribune Article by Bill Hobby Overview of Redistricting Website Texas Tribune Article by Bill Hobby Overview of Redistricting

140. The board was established by an amendment to the Constitution adopted by the voters in 1948.

141. Section 29 ENACTING CLAUSE OF LAWS

142. The enacting clause of all laws shall be: "Be it enacted by the Legislature of the State of Texas."

143. What does it mean to enact a law? To put it into practice. This gets to the heart of what legislatures do.

144. The Texas Legislative Council assists legislators in drafting a preparing bills.Texas Legislative Council

145. This begins a series of sections that detail the bill making process in the state. Here are other places you can find that information detailed.

146. TLI: Process for a Bill. HRO: How a Bill Becomes a Law. TLC: Reading Bills and Statutes. TLO: How to Follow a Bill.Process for a BillHow a Bill Becomes a LawReading Bills and StatutesHow to Follow a Bill

147. You can also walk through the following sections from Texas Politics: Introduction and Referral Committee Action Floor Action Conference Committee Governor’s Desk Introduction and Referral Committee Action Floor Action Conference Committee Governor’s Desk

149. Section 30 LAWS PASSED BY BILL; AMENDMENTS CHANGING PURPOSE.

150. No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House, as to change its original purpose.

151. Section 31 ORIGINATION IN EITHER HOUSE; AMENDMENT

152. Bills may originate in either House, and, when passed by such House, may be amended, altered or rejected by the other.

153. Sec. 32. READING ON THREE SEVERAL DAYS; SUSPENSION OF RULE

154. No bill shall have the force of a law, until it has been read on three several days in each House, and free discussion allowed thereon; but four-fifths of the House, in which the bill may be pending, may suspend this rule, the yeas and nays being taken on the question of suspension, and entered upon the journals.

155. Section 33 REVENUE BILLS

156. All bills for raising revenue shall originate in the House of Representatives.

157. Section 34 DEFEATED BILLS AND RESOLUTIONS

158. After a bill has been considered and defeated by either House of the Legislature, no bill containing the same substance, shall be passed into a law during the same session. After a resolution has been acted on and defeated, no resolution containing the same substance, shall be considered at the same session.

159. Section 35 SUBJECTS AND TITLES OF BILLS

160. (a) No bill, (except general appropriation bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated) shall contain more than one subject. (b) The rules of procedure of each house shall require that the subject of each bill be expressed in its title in a manner that gives the legislature and the public reasonable notice of that subject. The legislature is solely responsible for determining compliance with the rule. (c) A law, including a law enacted before the effective date of this subsection, may not be held void on the basis of an insufficient title.

161. Section 36 REVIVAL OR AMENDMENT BY REFERENCE; RE-ENACTMENT AND PUBLICATION AT LENGTH

162. No law shall be revived or amended by reference to its title; but in such case the act revived, or the section or sections amended, shall be re-enacted and published at length.

163. Section 37 REFERENCE TO COMMITTEE AND REPORT

164. No bill shall be considered, unless it has been first referred to a committee and reported thereon, and no bill shall be passed which has not been presented and referred to and reported from a committee at least three days before the final adjournment of the Legislature.

165. Committees in the Texas House Committees in the Texas Senate

166. Section 38 SIGNING BILLS AND JOINT RESOLUTIONS; ENTRY ON JOURNALS

167. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the Legislature, after their titles have been publicly read before signing; and the fact of signing shall be entered on the journals.

168. Section 39 TIME OF TAKING EFFECT OF LAWS; EMERGENCIES; ENTRY ON JOURNAL

169. No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.

170. Bills go into effect 90 days after they are signed into law

171. Section 40 SPECIAL SESSIONS; SUBJECTS OF LEGISLATION; DURATION

172. When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, or presented to them by the Governor; and no such session shall be of longer duration than thirty days.

173. Section 41 ELECTIONS BY SENATE AND HOUSE OF REPRESENTATIVES

174. In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers.

175. This is an important section. It states that votes shall be public (vica voce means living voice) but votes for legislative officers – especially the Speaker of the House – shall be secret in order to ensure that a vindictive winner will not punish those who voted against him.

176. Section 42 was repealed in 1969. I have yet to find out its subject.

177. Section 43. REVISION OF LAWS

178. (a) The Legislature shall provide for revising, digesting and publishing the laws, civil and criminal; provided, that in the adoption of and giving effect to any such digest or revision, the Legislature shall not be limited by sections 35 and 36 of this Article. (b) In this section, "revision" includes a revision of the statutes on a particular subject and any enactment having the purpose, declared in the enactment, of codifying without substantive change statutes that individually relate to different subjects.

179. Section 44 COMPENSATION OF PUBLIC OFFICERS, SERVANTS, AGENTS, AND CONTRACTORS; EXTRA COMPENSATION; UNAUTHORIZED CLAIMS; UNAUTHORIZED EMPLOYMENT

180. Section 45 CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES

181. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such manner as shall be provided by law; and the Legislature shall pass laws for that purpose.

182. Section 46 UNIFORMITY IN COLLECTION OF FEES

183. Section 47 LOTTERIES AND GIFT ENTERPRISES; BINGO GAMES

184. Section 48-e EMERGENCY SERVICES DISTRICTS

185. Laws may be enacted to provide for the establishment and creation of special districts to provide emergency services... It authorizes the levying of a tax to pay for them.

186. Section 48-f JAIL DISTRICTS

187. The legislature, by law, may provide for the creation, operation, and financing of jail districts and may authorize each district to issue bonds and other obligations and to levy an ad valorem tax on property located in the district to pay principal of and interest on the bonds and to pay for operation of the district

188. Section 49 STATE DEBTS

189. This lengthy section establishes when the state can create debt. It allows for debt to be issued (bonds sold) if the voters approve.

190. Section 49 has many subsections related to funding and other financial matters.

191. Section 49a FINANCIAL STATEMENT AND ESTIMATE BY COMPTROLLER OF PUBLIC ACCOUNTS; LIMITATION OF APPROPRIATIONS.

192. This section mandates that the Comptroller present to the legislature a statement about the financial condition of the state prior to the session. This is what the budget is based on.

193. Section 49-b concerns various issues associated with the well being of veterans.

194. Sections 49-c though 49-e concern water development funds and related issues.

195. Section 49-f BONDS TO FUND FINANCIAL ASSISTANCE TO PURCHASE FARM AND RANCH LAND

196. Section 49-g SUPERCONDUCTING SUPER COLLIDER FUND.

197. This helped fund the Texas Supercollider when it was being built and became moot when the project was terminated. The section was then repealed.Texas Supercollider

198. Section 49-g establishes the Economic Stabilization Fund (the Rainy Day Fund).the Rainy Day Fund

199. Section 49-h BOND ISSUES FOR FACILITIES OF CORRECTIONAL INSTITUTIONS, STATEWIDE LAW ENFORCEMENT FACILITIES, AND MENTAL HEALTH AND MENTAL RETARDATION INSTITUTIONS.

200. Section 49-h allows for bonds to be sold to build prisons and mental health facilities.

201. Section 49-i allows for bonds to be sold to establish the Texas Agricultural Fund.

202. Section 49-j places limits on additional state debt beyond what is allowed in the preceding sections.

203. Section 49-k establishes the Texas Mobility Fund.Texas Mobility Fund

204. Section 49-l allows for assistance for building roads to serve colonias.

205. Section 49-m and n allows for funding highway projects as well as projects aimed at benefiting defense related communities.

206. Section 49-o allows for funding the Texas Rail and Relocation Improvement Fund. Texas Rail and Relocation Improvement Fund

207. Section 49-p allows for bonds not to exceed $5 billion for highway construction projects.

208. Section 50 limits the ability of the state to provide credit and related assistance.

209. Section 50a allows for the creation of the State Medical Educational Board.

210. Sections 50b-4, 5 and 6 allow for student loans

211. Sections 50c, d, e, f and g provide for loans related to agriculture, and the maintenance, improvement and repair required by various state agencies.

212. Section 51 prevents the legislature form making grants to individuals or corporations

213. Section 51 GRANTS OF PUBLIC MONEY PROHIBITED; EXCEPTIONS

214. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided that the provisions of this Section shall not be construed so as to prevent the grant of aid in cases of public calamity.

215. Sections 51a – g authorize various forms of assistance. Many of these are related to the Social Security Act and allow the state to enter into agreements with the federal government to receive grants of assistance to people listed in the Act.

216. Section 52 COUNTIES, CITIES OR OTHER POLITICAL CORPORATIONS OR SUBDIVISIONS; LENDING CREDIT; GRANTS; BONDS

217. Sections 52 a – k concern the relationship between the state and smaller, local governments.

218. Section 53 COUNTY OR MUNICIPAL AUTHORITIES; EXTRA COMPENSATION; UNAUTHORIZED CLAIMS

219. The Legislature shall have no power to grant, or to authorize any county or municipal authority to grant, any extra compensation, fee or allowance to a public officer, agent, servant or contractor, after service has been rendered, or a contract has been entered into, and performed in whole or in part; nor pay, nor authorize the payment of, any claim created against any county or municipality of the State, under any agreement or contract, made without authority of law

220. Section 55 RELEASE OR EXTINGUISHMENT OF INDEBTEDNESS TO STATE, COUNTY, SUBDIVISION, OR MUNICIPAL CORPORATION.

221. The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or defined subdivision thereof, or other municipal corporation therein, except delinquent taxes which have been due for a period of at least ten years.

222. Section 56 LOCAL AND SPECIAL LAWS.

223. This is an important section. It limits the state legislature from passing laws on a large number of items that are better decided on at the local level. The list is a pretty good run through of the functions of local government.

224. Section 57 NOTICE OF INTENTION TO APPLY FOR LOCAL OR SPECIAL LAWS

225. Section 57 states that local laws passed by the legislature cannot be passed unless notice is given in the locality affected by the law.

226. Section 58 SEAT OF GOVERNMENT.

227. The Legislature shall hold its sessions at the City of Austin, which is hereby declared to be the seat of government. Just in case you didn’t know this already.

228. Sections 59 and 60 allow for the establishment of Workers’ Compensation Insurance. Section 59 for state employees. Section 60 for county and local government employees.

229. Workers’ Compensation Insurance Workers’ Compensation Insurance is managed by the Texas Department of Insurance. Department of Insurance

230. Section 61-a MINIMUM SALARIES

231. The Legislature shall not fix the salary of the Governor, Attorney General, Comptroller of Public Accounts, Commissioner of the General Land Office or Secretary of State at a sum less than that fixed for such officials in the Constitution on January 1, 1953.

232. Section 62 CONTINUITY OF STATE AND LOCAL GOVERNMENTAL OPERATIONS; SUSPENSION OF CONSTITUTIONAL PROCEDURAL RULES

233. If you are a conspiracy theorists, you’ll love this section. Continuity of Government Plans date back to the Cold War – on the national level - and are attempts to ensure that governmental operations will continue in the event of a nuclear, or other severe attack, or a devastating natural emergency. This section was originally added in 1962 – around the time of the Cuban Missile Crisis.Continuity of Government Plans

234. This section authorizes the state to put together Hurricane Response Plans.Hurricane Response Plans

235. During times of emergency, procedural rules which normally limit the Legislature can be relaxed. Governmental powers can be expanded. But the limits established in the Texas Bill of Rights cannot be suspended.

236. Section 63 was repealed

237. Section 64 CONSOLIDATION OF GOVERNMENTAL OFFICES AND FUNCTIONS

238. The was an attempt – one of many – to stream line the governing process in the state.

239. Section 65 PUBLIC BONDS; INTEREST RATE; CONFLICTING RATES REPEALED; VETERANS' LAND BOARD BONDS

240. This section attempts to cap the interest rates on bonds.

241. Section 66 LIMITATION ON LIABILITY FOR NONECONOMIC DAMAGES

242. This is what the tort reform efforts of 2003 look like. This allows the legislature to place limits on pecuniary losses or other noneconomic damages in civil suits. Was it good policy? A positive appraisal from the Texas Public Policy Foundation. A negative assessment from the ABA.tort reformof 2003pecuniary lossespositive appraisalnegative assessment

243. Section 67 CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS

244. Added in 2007 by the voters, it allows for bonds – not to exceed $3 billion – to fund cancer research in the state and establishes the CPRT. Information on the legislation leading to the proposition. Texas Tribune stories on the CPRT. CPRTlegislation leading to the propositionCPRT

245. That’s it. You may now rest your eyes.