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February 26, 2015 How a Bill Becomes Law: 84th Legislature The bill in committee The Texas Constitution and the rules of the House and the Senate govern 2 the movement of bills through the Legislature. This report summarizes the key constitutional provisions and rules governing bills in the Legislature, with Highlights of changes emphasis on the Texas House Rules. HR 4 by Smithee, adopted by the House 4 to House rules on January 15, 2015, contains the House rules for the 84th Legislature. The calendars system References to bills in this report also apply to joint resolutions unless 6 otherwise noted. Order of business Form and content of bills 8 Each bill filed in the Legislature must have three Floor consideration Bill components. 8 parts: • Senate procedures a descriptive caption beginning, “A Bill to be Entitled an Act,” along with a brief statement on the subject of the bill; 14 • an enacting or resolving clause, “Be it Enacted by the Legislature of the State of Texas”; and After passage by • the body of the bill (Rule 8, sec. 1). 15 both houses Each bill must pertain to only one subject, except for the general End-of-session appropriations bill, recodification bills, and joint resolutions (Constitution, Art. deadlines 16 3, sec. 35; Rule 8, sec. 3; Rule 9, sec. 1(b)). The governor’s role All revenue-raising bills must originate in the House (Constitution, Art. 17 3, sec. 33). A House bill that would impose or change a tax or fee must include a short statement at the end of its caption indicating the effect of the bill on the proposed tax or fee (Rule 8, sec. This report summarizes the 1(b)), such as “imposing a tax.” Similarly, a House key constitutional provisions and rules bill’s caption must reflect the creation of an offense, an governing bills in the Legislature, with increase in a punishment, or a change in the eligibility emphasis on House rules. of a person for parole or supervision (Rule 8, sec. 1(c)) and must indicate when a bill would create or expand the applicability of an occupational license (Rule 8, sec. 1(d)). Number 84-2 Page 2 House Research Organization Prohibited bills. Certain local and special bills are 1. bills creating or affecting water districts; banned by the Constitution in Art. 3, sec. 56. Examples 2. bills creating or affecting hospital districts; include bills that would grant individual divorces, change 3. bills creating or affecting road utility districts; venue in civil or criminal cases, change the names of 4. bills relating to hunting, fishing, or wildlife persons, or legalize invalid wills or deeds. conservation in a specified locality; 5. bills creating or affecting a county court or The House rules also prohibit consideration of statutory court or courts for one or more specified population “bracket” bills, which use population ranges counties or municipalities; and to limit a bill’s application to a particular city or county 6. bills creating or affecting a juvenile board or without naming the locality. (An example of a bill in boards of a specified county or counties. this category might be one that applied to cities with populations of more than 2,999 but less than 3,001.) If bills of the last three types affect “a sufficient However, bills may use a population minimum or number” of localities, counties, or municipalities so that maximum that “bears a reasonable relation” to the bill’s they would apply generally or have statewide importance, purpose (Rule 8, sec. 10(b)). they are not considered local bills (Rule 8, sec. 10(d)). Authorship. A bill or resolution has one primary First reading and referral to committee. To author, who may designate, by written authorization filed become law, a bill must be read in the House and in the with the chief clerk, up to four joint authors. Names of Senate on three separate days. This requirement may be joint authors appear on official printings of the measure, suspended by a four-fifths vote of the members present on calendars, and in the House Journal. A bill or resolution (Constitution, Art. 3, sec. 32; Rule 8, sec. 15). also may have an unlimited number of coauthors, who must have written authorization from the primary author After a bill is filed, the chief clerk assigns a number filed with the chief clerk. Coauthors may withdraw their to the bill. First reading occurs when the reading clerk, names by notifying the chief clerk (Rule 8, sec. 5). while the House is in session, reads the bill caption and announces the committee to which the speaker has referred Filing of bills. Beginning the first Monday after the the bill. The speaker subsequently may correct the referral general election preceding the regular session, or 30 days and assign the bill to a different committee, which usually before any special session, members and members-elect occurs shortly after the initial referral. The speaker’s may prefile bills and resolutions (Rule 8, sec. 7). A member referral also may be changed by a majority vote of the may introduce any type of bill or joint resolution during House (Rule 1, sec. 4; Rule 8, sec. 6). the first 60 days of the regular session. The 60th day of the 2015 regular session will be Friday, March 13. After the 60th day, a four-fifths vote of the members present is The bill in committee required to introduce bills or joint resolutions, other than certain emergency matters submitted by the governor, No bill may become law unless it is referred to and emergency appropriations, and local bills (Rule 8, sec. 8). reported by a committee (Constitution, Art. 3, sec. 37; Rule 8, sec. 11). Much of the Legislature’s work occurs in Members may file measures electronically with committee. the chief clerk. This rule, newly adopted by the 84th Legislature, replaces previous requirements that a certain Standing and select committees. The House number of printed copies of each bill be filed with the chief Rules of the 84th Legislature establish 38 standing clerk (Rule 8, sec. 9). committees and their jurisdictions (Rule 3). Thirty-two are substantive committees, while six – Calendars, Local Local bill requirements. A notice of a legislator’s and Consent Calendars, Rules and Resolutions, General intention to file a local bill must be published in a Investigating and Ethics, House Administration, and newspaper in the affected locality at least 30 days before Redistricting – are procedural committees. Although the bill is introduced (Constitution, Art. 3, sec. 57; procedural committees generally do not review and report Government Code, sec. 313.002; Rule 8, sec. 10). There legislation, the speaker may refer bills to the General are six types of local bills: Investigating and Ethics, House Administration, and Redistricting committees. House Research Organization Page 3 The speaker by proclamation may create select considers the bill. If the bill is amended to alter its fiscal committees and specify their jurisdiction, authority, duties, implications, the chair must obtain an updated fiscal note. and duration (Rule 1, sec. 16(b)). Speakers have appointed Fiscal notes remain with the bill throughout the legislative select committees at the start of the session to allow process (Rule 4, sec. 33). the House to consider emergency legislation before the standing committees have been appointed. Another purpose Impact statements. As with fiscal notes, the chair of select committees is to consider certain issues that cross determines whether a bill requires an impact statement, committee jurisdictional lines or to focus on particular which also is prepared by the LBB. Impact statements issues. For example, for the 84th Legislature, Speaker Joe include a criminal justice policy impact statement, for Straus created a select committee on Emerging Issues In legislation proposing a change in punishment for felonies Texas Law Enforcement and another on State and Federal committed by adults; an equalized education funding Power and Responsibility. During the interim following the impact statement, for legislation proposing a change in the 2013 regular session, Speaker Straus created several select public school finance system; and a water development committees to conduct interim studies. policy impact statement, for legislation proposing to create certain water districts. For legislation that would create Committee chairs. The speaker appoints a chair and or affect a state tax or fee, tax equity notes estimate how vice chair for each committee. The chairs of committees the proposal would change the distribution of tax and fee determine if and when a bill will be considered, although burdens among individuals and businesses. For legislation they are required to consult with the committee members affecting a public retirement system, actuarial impact on the work schedule and the order of consideration statements are prepared by the LBB in cooperation with the of matters before the committee. They also appoint all State Pension Review Board. A dynamic economic impact subcommittee chairs and members (Rule 4, secs. 6, 44). statement, prepared for the general appropriations bill, estimates the number of state employees affected and the Committee meetings. After the committees are impact on private sector and local government employment appointed and organized, the committee coordinator, under due to any spending change from one fiscal biennium to the direction of the Committee on House Administration, another. prepares a schedule for regular committee meetings. Committees may meet at other times when called by the A rule adopted by the 84th Legislature requires a bill chair, as determined by the committee, or as designated by analysis to contain a statement indicating whether the the speaker (Rule 4, sec. 8). measure expressly creates a criminal offense, increases the punishment for an offense, or changes the eligibility of a Analysis before committee action.

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