The Legislative Branch Topical Scenario Structure Membership Organization Process Staff Influences on Behavior Legislature and Change Legislature and Democracy

Topical Scenario Sharpstown Scandal Bank deposit insurance legislation Frank Sharp bribes legislators to influence bill’s passage. “Dirty 30” call for investigation and subsequent reforms in legislative process. Speaker of House and others convicted of taking bribes. Abnormally high turnover in legislature in next election - 50%.

Legislative Heritage New Spain –Viceroy, peninsulares, creoles, mestizos, indians Mexico –Coahuila y Tejas deputies to state legislature –Lack of represenation led to revolution Republic of Texas –Bicameral Legislature –30 Representatives ( 1 year term) –14 Senators ( 3 year term) Texas State Legislature –66 Representatives ( 2 year terms) –19 Senators (4 year terms)

Legislative Functions Legislate, budget, and tax Constituent casework Oversight Update Constitution Confirm appointees Redistrict Impeach and remove corrupt officials

Legislative Structure Bicameral body with 150 Representatives and 31 Senators Biennial main sessions in odd years –Meet in January for 140 days Special sessions called by Governor –Usually meet for 30 days (Richards 4, Bush 0, Perry 7) Leaders –Senate - Lt Gov. and President Pro-tempore –House - Speaker, elected by members

Qualifications House –21 years old –Resident 2Tx/1Dis –US Citizen –Registered voter Senate –26 years old –Resident 5Tx/1Dis –US Citizen –Registered voter

Membership Term lengths - 2 years representatives and 4 years for senators Pay - $7200 per annum $128 per diem Redistricting every 10 years –Goal is to create equal size districts Single member districts –House district includes 139,012 people –Senate district includes 672,639 people Voting Rights Act of 1965 –Judicial review of new districts Turnover - (no limits on number of terms) –House - 10 to 15% new members, 16.7% 2006 –Senate - 20% in 1996, 5% in 1998, 3% in 2000, 12% in 2002, 0% in 2004, 16% in 2006

Texas House Districts

Texas Senate Districts

Characteristics of Members 19th and early 20th century - farmers % lawyers 50-60% business 97% have attended college Majority are Catholics Age (21/26) Ethnicity -House 80 Republican ( 1 His) 69 Democrats ( 19 Anglo, 29 Hispanic, 14 African American) - 35 Women -Senate 20 Republicans ( all Anglo) 11 Democrats ( 3 Anglo, 6 Hispanic, 2 African American) - 4 Women

1999 Membership by Ideology Libertarians (60 R, 6 D) Conservatives ( 4 R) Liberals ( 43 D, 2 R) Populists ( 28 D)

2001 Membership by Ideology Libertarians (1 R) Conservatives ( 68 R, 1 D) Liberals ( 56 D, 0 R) Populists ( 22 D, 3R)

2003 Membership by Ideology Libertarians (11 D) Conservatives ( 87 R, 9 D) Liberals ( 33 D) Populists ( 11 D)

2005 Membership by Ideology Libertarians (53 R) Conservatives ( 26 R) Liberals ( 61 D – 5 R) Populists ( 2 D - 1 R)

Organizing for Influence Passing a bill requires sponsorship and support Strong leadership at odds with party caucuses House - Speaker versus the caucus coalitions - Democrats in 1980s to compete with Clayton and Lewis’ power bases - Texas Conservative CoalitionTexas Conservative Coalition - Legislative Study GroupLegislative Study Group Senate - Lt. Gov. versus the liberal faction – Little organized opposition until 1993 ( 13 R) – 2/3 vote rule to pass legislation

Legislative Committees Standing - substantive or procedural –Operate when legislature is in session (p.110) –Special ( ad hoc) temporary issue specific Interim - between regular sessions Joint - Combination of House and Senate members Conference - joint committees design to coordinate bills with different language Assignments made by speaker - can split 50% appointed and 50% based on seniority

Legislative Process Both chambers must pass identical bills House initiates revenue bills Simultaneous or Separate starts Committee hearings Calendar Process Governors Agreement

Bills and Resolutions A bill creates a new law or amends an existing law. A joint resolution proposes an amendment to the Texas Constitution or ratifies an amendment to the U. S. constitution. A simple resolution only affects that chamber. –Used to set up housekeeping rules at beginning of a regular session A concurrent resolution expresses will of both chambers but has no authority of the force of law.

How a Bill Becomes a Law Best if bill flow simultaneously through both chambers Introduced in 1st reading Referred to a committee for study –Chair decides agenda –Public hearings ( 5 days notice) –Formal meetings ( not public) Committee options: –Approve or amend –Defeat –Send to a subcommittee –Ignore (HB 3074)(HB 3074)

Getting on the Calendar A bill must make it to the floor of the chamber for a 2nd reading House Calendar Committee –Must give 36 hours notice –Must take a public vote within 30 days –Standard is to accept specific bill and universally reject all others –‘97 Memorial Day Massacre Senate Administrative Committee –Frivolous stop gap bill –2/3s rule applies thereafter

2nd Reading of Bill Most important part of continuing process once bill is on calendar Bill is reviewed, discussed and/or amended –Time limits in the House, none in Senate (filibuster) Voting Methods –Voice, Machine, Roll-call After passing 3rd reading becomes an engrossed bill. Conference committee to finish if bills are not same - becomes an enrolled bill.

Final Step Governor has choice to sign the bill, veto the bill or ignore the bill. Legislator can override veto with 2/3 vote but only if during the time frame of a regular session.

Legislative Staff Centralized –Legislative Council ( interim comm.) drafts bills, studies issues, sets up calendars –Legislative Budget Board ( interim comm.) prepares budget and evaluates agency operations Chamber specific staff –Senator - 8 to 15 paid staff members –Representative - 4 to 7 paid staff members House of Representatives –House Research Organization (HRO) - 5 research analysts, 3 administrative assistantsHRO Senate –Senate Research Center

Influences on Behavior On each other –“backscratching, logrolling, and pork barrel politicking ” Governor’s power –veto and the special session Lobbyist’s power –valuable source of information –valuable source of campaign funds –Ethics Commission and accountability

Legislature and Political Change Can police and change for better with voter assistance - Sharpstown. Public holds officials accountable. Power of the leadership can inhibit or slow the process of change.

Legislature and Democracy House calendar can end or limit deliberation - 2/3s rule covers Senate. Committee is best place for worthwhile deliberation as long as chair will allow discussion. Powerful leadership steers legislature toward a majoritarian type democracy. Influential interest groups and powerful lobbying staffs push system to a more pluralistic democracy.