The Texas Legislature

Bicameral • Texas House of Representatives – 150 members – 2-year terms – All members elected or reelected every 2 years – Average district size, @ 140,000 constituents • Texas State Senate – 31 members – 4-year staggered terms – E.g., 15 elected / reelected in 2006, the other 16 elected /reelected in 2008 – Average district size, @ 675,000 constituents

The State Constitution and the Legislative Branch of Government • Today the bicameral Texas legislature consists of a Senate of 31 members and a House of 150 members. • Senate ranks 40th in size among the states • House ranks 8th in size among the states • 1876 Texas Constitution set the size of the Senate but allowed the House to grow to max of 150 in 1921 – Both must pass a bill for it to become a law.

Membership • Qualifications for Office – House • Must be a qualified voter, a Texas resident for at least two years, a resident of district for one year, and be at least 21 years old – Senate • Must be a qualified voter, a Texas resident for at least five years, a resident of district for one year, and be at least 26 years old

Texas Legislative Salaries • House and Senate members both: – $600 per month salary, $7,200 annually – $139 per diem during regular and special sessions • Versus – California, $110,000 – New York, $79,500 – Florida, $29, 916 – New Hampshire, $200 and no per diem

Texas Temporary Acting Legislators • 2003 Constitutional Amendment – A representative or senator called up for active military service may appoint a temporary replacement legislator • A relatively unique Texas practice

Temporary Acting Legislators • Representative Frank Corte, R-San Antonio, deployed to Iraq in 2006 – Replacement, wife Valerie • Representative Carl Isett, R-Lubbock, deployed to Kuwait in 2006 – Replacement, wife Cheri • Representative Rick Noriega, D-Houston, deployed to Afghanistan in 2005 – Replacement, wife Melissa

The Numbering of Texas Legislatures  1827 - Constitution of Coahuila y Tejas  1836 - Constitution of the Republic  1845 - Constitution of 1845  1861 - Civil War Constitution  1866 - Constitution of 1866  1869 - Reconstruction Constitution  1876 - Texas Constitution 1845 statehood Constitution accepted by U.S. Congress in 1846 and Texas became a state

• Texas legislatures began with the first legislature in 1846 • Never changed numbering even during succession and re-entry into the union, so the first legislature after adoption of the 1876 constitution was number 15 • Each legislature lasts two years until another election has passed. • A new election means a new legislature

Legislative Sessions • Regular session – Biennial – meets once every two years – Begins in January of odd-numbered years (after an election in November of an even-numbered year) – Meet for a maximum of 140 days, until approximately the end of May – Legislators determine their own agenda

After 140 Days Adjourns Sine Die • At the end of the regular session, the legislature adjourns sine die – (Pronounced Sin-nay die, or Sigh-nay Die-ee) • Latin for “without day” meaning the legislature does not specify any day when it will meet again • It ends permanently unless called into special session – Temporary adjournments always specify a date for reassembly, such as adjourn until next Monday • At the end of its meeting the U.S. Congress also adjourns sine die, but it gets to choose how long it will meet and when it will adjourn – at any time up until the new Congress takes office on January 3.

Legislative Sessions • Special Sessions – Called only by the governor – Each special session lasts a maximum of 30 days – Governor can call as many as needed, including one right after the other – During special sessions legislature can consider only matters identified by the governor in the special session call • Gubernatorial control of special session agenda

Member Election • Same as with U.S. Congress • House and Senate members both elected from single member districts • Districts redrawn every 10 years after national census • District boundary lines may, usually do, reflect either partisan or incumbent protection gerrymandering

Legislator Service and Turnover • Average tenure of incumbents – Texas House, 8.1 years (4 elections) – Texas Senate, 13.4 years (3-4 elections) • House turnover – 2000, 7 % 2002, 23% – 2004, 11%, 2006, 18% • Senate turnover (staggered terms) – 2000, 3% 2002, 23% – 2004, 6% 2006, 16%

Legislator Characteristics, 1977-2007 • Major change in party control – From an overwhelming Democratic dominance to a modest Republican majority in each house • Very little and slow change in gender and ethnicity

The Texas Legislative Process • 2005 legislature considered about 10,000 bills or resolutions • Passed approximately 5,000 bills or resolutions • Bill – proposed law or change in the law • Joint resolution – amendment to Texas Constitution considered by both houses • Simple resolution – affects only one house – E.g., setting up rules of the house • Concurrent resolution – expresses the will of both chambers but does not possess the authority of a law

• To consider bills and resolutions, the Texas House and Senate each have committees • Substantive committee • Procedural committee • Conference committee

Some Differences Between the Texas Legislature and the U.S. Congress • Leadership power • Partisanship • Amateur versus professional legislature

Leadership Power • U.S. House of Representatives – Speaker of the House – leader of majority party – Plus majority and minority leaders and whips • Texas House of Representatives – Speaker of the House • Selected by a personal coalition • Strongly controls committees • Reward allies and punishes opponents

Texas Speaker of the House • Speaker’s race often begins at the end of one session for the next session • Candidates raise huge amounts of money from supporters and lobbyists – Aids campaign of those pledged to support candidate in speaker race • Official vote taken at beginning of next legislature – Vote is open and recorded – meaning person elected speaker knows who supporters and opponents are

Texas Speaker Power • Can stack important committees with allies – Speaker appoints one half or more of committee members – Appoints all members of important procedural committees – Selects the chair of every committee • Speakers often put opponents on unimportant committees

Committees Vary in Power and Importance • Powerful / important committees – Consider bills of significant statewide importance • Can do vote trading on bills important to you – Or importance to constituency – Examples • Appropriations • Ways and Means • Calendar (procedural committee) • Weak / unimportant committees – Cover activities of minor importance – Examples • Culture, Recreation, and Tourism • Pensions and investments

Absence of Parties in the Legislature • Texas was a one-party (Democratic) state since the end of the Civil War until 2003 • Without two strong parties, the parties never organized or played a major role in the legislature • Speaker developed a personal coalition from both parties, and rewarded supporters with choice committees and chairmanships, regardless of party • • Absence of strong parties created a “bipartisan” legislature. • Avoided strong partisan battles common in U.S. Congress • Still strong battles between liberals and conservatives, but both groups were often Democrats • Party absence means no other organization to check the Speaker’s power

A Rise of Partisanship • Growing Republican strength allowed them to finally win both legislative houses in 2003. • May lead to stronger parties and party organizations in the legislature • If so, likely to reduce the power of the Speaker as it becomes a party rather than a personal position

Texas State Senate • The Texas Lieutenant Governor is the President of the Texas State Senate • An even more powerful role than the Speaker of the House – one of the most powerful lieutenant governors in the country • Selects all committee members and committee chairs • Also elected from a statewide constituency – a stronger power base than the Speaker’s single district • Lieutenant Governor is the most powerful position in the state

Professional Vs. Amateur Legislatures • Professional legislature -- one with the resources to do its job well • Includes – Salary • Devote full attention to legislative responsibilities • Does not have to split time with a regular job – Session length • Can stay in session as long as is necessary to fully study and debate bills and resolutions – Staff • Aides that can keep members informed on the details, benefits, problems, and constituency impact of bills

Amateur Legislature • Sometimes also called “Citizen Legislatures” • Suitable for a small state with limited state needs • Example, Wyoming does not have to worry about – Mass transit – Air pollution – Urban renewal – Urban crime – Large immigrant population – Extensive health care needs of poor

• But Texas is one of the largest states • Legislature does not have time – Allowed to meet only 140 days every two years • Must adopt biennial budge and needed bill • Very low pay – All state legislators must have other jobs • Growing, but still limited staff

Characteristics of the Texas Legislature • Elite membership – House of Representatives • Approximately 80% of House members are either business people or attorneys – Senate • Approximately 90% of members are either business people or attorneys Legislators Rely on Governor, State Agency Leaders, and Lobbyists • While staff is growing, still small and time is short • Must get information from those who are experts in the field – Governor – Head of state agencies – Lobbyists for special interests • Not able to act as a check on the governor • Nor conduct much oversight of state agencies

End-of-Session Rush • Most of the 140 legislative days are spent by committees studying bills • Vast majority of bills reported out and voted on in the last 7-14 days of the session • Makes governor’s veto very strong • Also allows minority to kill bills via delaying tactics

Minority Delaying Tactics • Filibuster (Senate only • Denial of Quorum • Senate “tag” • Senate 2/3 rule

Final Overview • Texas Triumvirate – Governor – Lieutenant Governor – Speaker of the House • Texas Legislature – Much easier to kill than to pass a bill • Future depends much on the development, or lack of development, of strong political party presence in the legislature