The Legislative Branch Chapter 4

Texas Legislature - Elections Apportionment and Redistricting  Apportionment: basis for representation. Texas Senate was “qualified electors;” House was “population.” Limits and “rotten boroughs”  Districting: drawing the boundaries for districts: House, Senate, U.S. House of Representatives. Districts must be compact, contiguous, approximately equal in population. Ideal size: Senate=672,639; House=139,012.

Texas Legislature - Elections Redistricting Process (TX House and Senate)  Legislature passes redistricting bill.  Governor may veto.  If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a Legislative Redistricting Board (Lt. Gov., Speaker, AG, Comptroller, Land Commissioner) draws the districts.  Gerrymandering Packing Cracking

Texas Legislature - Elections Redistricting Process (US House)  Legislature passes redistricting bill.  Governor may veto.  If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a U.S. District Court must draw the district boundaries.  2003 Redistricting 2002 Elections 2003 Regular Session 2003 Special Sessions

Texas Legislature - Elections Reelection rates and turnover  Texas House: 1998=16%; 2000=7%; 2002=23%; 2004=11%; 2006=18%; 2008=13%  Texas Senate: 1998=6%; 2000=3%; 2002=23%; 2004=6%; 2006=16%; 2008=13%  Tenure, 2009: House= 8 years; Senate=14 years  Term Limits?

Texas Legislature - Structure Bicameral Biennial meetings, Odd years House Members – 150 House, 31 Senate Tenure – 2 years House, 4 years Senate Compensation – salary ($7,200) and per diem ($168 in 2009) Residence – House – 2 years state, 1 year district Residence – Senate – 5 years state, 1 year district Age – House – 21, Senate - 26

Texas Legislature – Characteristics of Members Occupation, education, and religion  Businesspersons and lawyers  Majority have advanced degrees  Catholics, Baptists, Methodists, and Episcopalians Gender, race, and age  43 Women (6 Senate; 37 House)  38 Hispanics (6 Senate; 32 House)  16 African Americans (2 Senate; 14 House)  2 Asian American (House)  Average age: 51 House; 54 Senate

Texas Legislature – Characteristics of Members Political Party  Historically, Democrats had majorities  2009, House: 76 Republicans, 74 Democrats Senate: 19 Republicans, 12 Democrats Ideology  70 Conservatives: 68 Republicans, 2 Democrats  36 Liberals: 33 Democrats, 3 Republicans  38 Populists: 33 Democrats, 5 Republican  4 Libertarians: All Republicans

Texas House–Composition

Texas Senate–Composition

Texas Legislature - Organization Leadership  Senate – Lieutenant Governor  House – Speaker Committees  Types of Committees Standing Special Interim Joint  Conference  Composition

House Committees – 81 st Legislature 34 Standing Committees 28 Substantive 6 Procedural 18 Republican Chairs 16 Democratic Chairs

Senate Committees – 81 st Legislature 18 Standing Committees 16 Substantive 2 Procedural 12 Republican Chairs 6 Democratic Chairs

Powers – Speaker of the House In the leadership system  Appoints chairs and vice chairs of substantive committees  Appoints housekeeping and leadership committees  Appoints speaker pro tempore

Powers – Speaker of the House In the committee system  Appoints half of substantive committee members  Appoints all members of the Appropriations Committee  Appoints select, conference, and interim committee members  Determines jurisdiction of committees through control over House Rules

Powers – Speaker of the House In the staff system  Appoints officers, employees, and personnel  Appoints members of the Legislative Budget Board (Speaker, Appropriations Chair, Ways and Means Chair, 2 others) and Legislative Council (House Administration Chair, 5 others).  Appoints members of the Sunset Advisory Commission (5 House members and 1 public member).

Powers – Speaker of the House In the system of rules and procedures  Writes the rules for the House  Applies, enforces, and interprets the rules  Refers bills to committees  Presides over activities in the House  Schedules bills for floor debate (Calendars Committee)

Opposition in the House House Study Group (1975)  Opposition to Speaker Clayton  Morphed into House Research Organization Texas Conservative Coalition (1985)   Formed in opposition to legislation  Created research institute Legislative Study Group (1994)   Moderate and progressive members

Think Tanks Texas Public Policy Foundation   Conservative group  Publications, Forums, etc. Center for Public Policy Priorities   Progressive group  Publications, Forums, etc.

Legislative Process - Introduction One primary author, cosponsors allowed – written permission Filing dates – no limit during first 60 days, 4/5s required after Copies – 13 required “preferred bills” – one per member – priority on calendar First reading and assignment to committee – read on 3 days – 4/5 to suspend – Speaker assigns

Legislative Process - Committee No bill can become law unless referred to and reported on by committee Committee hearings – can consider legislation in public hearings, formal meetings, and work sessions. Meetings open to the public. Votes in open meetings. Before committee consideration – analysis of bill, fiscal note, and impact statement – criminal justice, equalized education funding, water development, tax equity, actuarial Anyone can testify before a committee

Legislative Process - Committee Committee Actions  Amend bill  Substitute bill  Kill bill – chair determines when and if bill gets a hearing. Two-thirds vote to remove bill. Minority report possible. Subcommittee  Referred by committee chair  Members chosen by chair

Legislative Process – Committee Report Recorded vote adopting report Recommendation of assignment to a calendar Amendments and recommendation Effect of bill on existing law Analysis and synopsis of bill Summary of committee hearing

Legislative Process – Calendar Committee Assignment – 7 days – placed on one of House calendars Placement – daily calendar – only bills debated on the floor. Cannot require placement by the committee – 36 hours before second reading

Legislative Process – Floor Order of business Registration of members – 2/3 quorum Daily order of business  Call to order  Registration of members  Consideration of calendars – Emergency, Major State, Constitutional Amendments, General State, Local, Consent, Resolutions

Legislative Process – Floor Daily order of Business (Continued)  Second reading – amendments possible. Sponsor opens and closes debate (20 minutes). Others get 10 minutes. Limit by previous question or motion to limit amendments. Voting by voice or roll call.  Third reading – separate legislative day. Four- fifths to suspend rule. Amendments require 2/3 vote.

Legislative Process – Senate Calendaring Function – “blocker” bill Intent Calendar – president of the Senate Two-thirds vote – 21 senators – to suspend rules and consider bill Debates – no limit Filibuster

Legislative Process – Conference Committee Five representatives Five senators Vote by chamber Majority of each chamber required Returns to chambers Only consider differences

Legislative Process – Gubernatorial actions Ten days to sign or veto bill if legislature is in session. Bills effective 90 days after end of session unless: later day set or emergency declared and 2/3 vote in both chambers (earlier date set)

Budgeting Process - Steps Budget Preparation  Governor’s Budget Office  Legislative Budget Board (LBB) Constitutional Limitations  Balanced budget  Limit on spending growth  Comptroller’s estimate  Comptroller’s certification

Budgeting Process - Steps Budget Adoption  Committee Hearings House Appropriations Senate Finance  House and Senate Action  Conference Committee Budget Execution  Governor and LBB must agree on movement of funds

Influences on Legislative Behavior Legislative staff  Individual legislators  Committees  Institutional Legislative Council Legislative Budget Board Senate Research Center

Influences on Legislative Behavior Relations with the governor  Call special sessions  Determine agenda items for special session  Veto bill Relations with lobbyists  Provide information  Protect interests of groups represented

Join the Debate: Redistricting Arguments for Nonpartisan Redistricting  Parties should not be able to increase their influence  Legislatures will not be fair in redistricting  Independent committee more likely to be fair Arguments against Nonpartisan Redistricting  Truly independent or nonpartisan redistricting committee is impossible  Plan consequences are observable  Redistricting is a political process

Legislative Branch and Democracy Powers of legislative leaders Legislative procedures