The Legislative Branch Chapter 8 Learning Objectives 8.1 Describe the structure of the Texas legislature. 8.2 Describe the membership of the Texas legislature, including legislators’ formal and informal qualifications and compensation. 8.3 Compare the organization of the Texas House of Representatives and the Texas Senate. 8.4 Outline the responsibilities of the Texas legislature. 8.5 Explain the influences on legislators’ voting Copyright © 2016 Cengage Learning. All decisions. rights reserved. 2 Legislative Framework § Election and Terms of Office § Bicameral § § § House: 150 members, two-year terms. Regardless of redistricting after the census, all of its 150 members are up for reelection Senate: 31 members, four-year terms-After the census and redistricting, 16 won't have to stand for election until four years where 15 of the 31 members, will have to stand for election the following two years. 3 Elected in the Even years but conduct business Legislative Framework § Sessions § Regular session § § § Begins on second Tuesday in January, of odd-numbered years 140 days maximum (usually ends end of May, first day of June) Included in the 1876 Constitution because if the Texas legislature (House and Senate) in session too long more damage to citizens 4 Legislative Framework § Sessions § Special session-legislature may consider only those matters placed before it by the governor § Called by governor § Texas legislature cannot set agenda § 30 days maximum § Can call additional 30 day special sessions § Redistricting, abortion legislation 5 Senator Wendy Davis (D-Ft. Worth) successfully filibusters a bill to reduce the number of abortion providers in Texas during the First Special Session of the 83rd Legislature. The bill had passed in the Texas House of Representatives. Critical Thinking Question: Would a unicameral legislature benefit or harm Texas? Copyright © 2016 Cengage Learning. All rights reserved. 6 Legislative Framework § Districting § Approximately equal districts § Based on federal decennial census § State legislative districts § § Reynolds v. Sims (population-based)-seats in both houses of a bicameral state legislature must be apportioned on a population basis Gerrymandering-drawing the boundaries of a district, such as a state senatorial or representative district to include or exclude 7 Legislative Framework § Districting § Single-member district-elects only one representative to a policymaking body, such as a state House, state Senate or US Congress (Representative) § § Redistricting-Redrawing boundaries after the federal decennial census with approximately equal population In 2011, Texas was required to get preclearance from the Department of Justice ( DOJ) and the maps challenged in court. 8 Perez v. Perry claimed the plans discriminated Legislative Framework § Districting § When heard by the Supreme Court ordered the maps redrawn in a way that was more consistent with the legislatures' original redistricting plans § San Antonio Courts redrew the map and ordered the primaries be held on May 29, 2015 ( normally held in the first week of March) § 2012 maps temporary and so legislature had to redraw maps ( went into special session). Identical to those drawn in the San Antonio district court 9 Legislative Framework § Districting § Shelby County v. Holder-The US Supreme Court ruled that the automatic preclearance requirements of the Voting Rights Act were no longer applicable § Must now file a lawsuit to prove discrimination § So plaintiffs in Perez v. Perry immediately challenged the House and congressional redistricting plans. The Texas Attorney general's office contended than any dilution of minority voting strength was a by-product of the legal 10 practice of partisan gerrymandering Legislative Framework § Districting § Can redistrict on partisan but not racial factor (otherwise would be going back to doing the very thing which should not be allowed); yet cannot dilute the minority voting district once established § In the 2014 primaries, used the 2013 maps § In the end, two new Anglo and two new Hispanic districts § US Congressional Districts ( in DC, 36 congressional districts (698,488 within each district). Used the same maps for 2014 and still 11 under challenge. Legislative Framework ● ● Question: In which type of legislative session does a governor have more authority, a regular session or a special session? Gerrymandered districts are illegal 12 Court-Ordered Interim Texas State Senate Districts (for electing state senators in 2012–2014) Critical Thinking Question: Should drawing maps that favor the election of members from a specific political party be illegal? Copyright © 2016 Cengage Learning. All rights reserved. 13 Court-Ordered Texas State House Districts (for electing state representatives in 2012–2014) Critical Thinking Question: Should state representatives be elected on a multimember or single-member basis? Copyright © 2016 Cengage Learning. All rights reserved. 14 Constitutional Qualifications for Membership in the Texas Legislature Qualification House Senate Citizenship U.S. citizen U.S. citizen Voter status Qualified Texas voter Qualified Texas voter Residence in district One year preceding election One year preceding election Texas residence Two years preceding election Two years preceding election Age 21 years 26 years Source: Constitution of Texas, Art. 3, Secs. 6 and 7. Learning Check Copyright © 2016 Cengage Learning. All rights reserved. Critical Thinking 15 Legislators § Qualifications and Characteristics § May not hold another government office § Informal § Gender and ethnic classifications § § Dominated by Anglo males, but improving Political party affiliation (98 R 52 D) Republican majority (1961-no Republican held a seat in the Texas legislature) § Education and occupation (attorneys and business owners or managers). Teachers,ranchers, real estate. § Mostly college-educated; often attorneys or business 16 State Senator Leticia Van de Putte, a Latina, mother of six children, and a pharmacist, waves to the crowd before giving remarks at a Planned Parenthood rally at the state Capitol on March 8, 2011. Austin AmericanStatesman/World Picture Network LLC Critical Thinking Question: How would increasing the number of women in elected office affect public policy? Copyright © 2016 Cengage Learning. All rights reserved. 17 Legislators § Qualifications and Characteristics § Informal § Religious affiliation § § Mostly Christian-affiliated (Catholics, followed by Baptists, Methodists, and Episcopalians) Legislative experience § Recent House turnover rate 17% § Recent Senate turnover rate 9% § Usually more effective with experience (Whitmire longest in Senate) § No term limits 18 Legislators § Compensation § Pay and per diem allowance § § § $7,200 annually (since 1975)-specified by the Texas Constitution $150 daily per diem (Texas Ethics Commission Expense allowances § § § Official travel within Texas, postage, office operations and staff House members = about $13,000 monthly Senate members = about $38,000 monthly 19 Legislators § Compensation § Retirement pension § Complex formula § Many don’t serve long enough to qualify § But payments may begin at relatively young age Learning Check 20 ● ● Question: A formal qualification for a member of theTexas legislature is that she or he must be a practicing Christian During a legislator's term of office, which will be higher: legislators' salaries or their per diem allowances? Learning Check 21 Annual Salary of Legislators for the Year of Last Regular Session Most Annual U.S. States Annual Populous U.S. States Salary Bordering Texas Salary California $90,526 Arkansas $15,869 Florida $29,697 Louisiana $16,800* New York $79,500 New Mexico $0** Oklahoma $38,400 Texas $7,200 Copyright © 2016 Cengage Learning. All rights reserved. 22 Legislative Organization § Presiding Officers § President of the Senate: The Lieutenant Governor § Elected for four-year term (by citizens) § Most powerful elected official-presides or becomes involved in the daily business of the Senate § Not a member of the Senate-not elected from any of the state senate districts, elected statewide. Only votes in a tie 23 Legislative Organization § Presiding Officers § President of the Senate: The Lieutenant Governor § First in line of succession in the event of the death, resignation, or removal of the governor § When governor absent, receives gubernatorial salary ($400 per day) but when not receives $600 per month which comes out to $20 per day § If Lt. Governor dies, resigns or is elected to another office, the Senate elects one of its members to serves as “acting” Lt. Gov. 24 Legislative Organization § Presiding Officers President of the Senate: The Lieutenant Governor Plays leading role in legislative matters (Table 8.3): Issues interim charges to standing committees for subjects to be studied in the interim between regular sessions Creates and abolishes committees and appoints Senate committees subcommittee chairs and vice chairs and appoints members of the Senate 25 committees and subcommittees Legislative Organization § Presiding Officers President of the Senate: The Lieutenant Governor Determines the Senate committees to which a bill will be sent after introduction Recognizes senators who wish to speak on the Senate floor or make a motion Serves as joint chair of the Legislative Council, the Legislative Budget Board (LBB), and the legislative Audit Committee (LAC) and Legislative Redistricting 26 Board (LRB) Legislative Organization § Presiding Officers § Speaker of the House § § § § Serves as representative (1 out of the 150 members so still representative of a district) Elected by members to two-year term- Open vote. Induce members to support. Reelection easier. (Straus) Controls House proceedings Table 8.3): Issues interim charges to standing committees for subjects to be studied in the interim 27 between regular sessions Legislative Organization § Presiding Officers § Speaker of the House (cont) § § Appoints House committee and subcommittee chairs and vice-chairs; and members of House committees (limited by seniority rules) Creates and abolishes committees 28 Legislative Organization § § § § § Presiding Officers (House cont) Determines the House committee to which a bill will be sent after introduction Recognizes members who wish to speak on the House floor or make a motion Votes (rarely) on all bills and resolutions Serves as joint chair of the Legislative Council, the Legislative Budget Board and the Legislative Audit Committee; Legislative 29 Redistricting Board Legislative Organization Committee System § House Committees § Senate Committees § Substantive § Standing § Procedural § Select § Select § Special interim Critical Thinking Question: How could serving on a specific committee benefit a legislator? Copyright © 2016 Cengage Learning. All rights reserved. 30 Legislative Organization § § Committee System- House and Senate committees play important roles in the fate or fortune of all bills and resolutions. Determines the amount and type of legislative output during a session. Permanent staff members are assigned and and may work on interim study committees to look at legislative issues between regular sessions See Table 8.4 of important House and Senate committees as well as Procedural 31 committees/State Affairs/Finance/Appropriation Legislative Organization § § § Established under House rules adopted in each regular sessions 1. Substantive committee-considers bills and resolutions related to the subject identified by it name ( House Agriculture Committee) and may recommend passage of proposed legislation to the appropriate calendar committee (major legislation/bills) 2.Procedural committee-resolutions relating primarily to procedural legislative matters. So looking at Calendars committee and 32 Legislative Organization § § 3.Select- Created independently by the House Speaker of the Lieutenant governor, may consider legislaiton that crosses committee jurisdictional lines or may conduct special studies 4. Interim committee -A House or Senate committee appointed by the Speaker or lieutenant governor to study an important policy issue 33 between regular sessions Legislative Organization § § § Committees in the Senate 1.Standing committee- a Senate committee appointed by the lieutenant governor for the purpose of considering proposed bills and resolutions before possible floor debate and voting by senators (similar to substantive committee in House) 2.Select- Lt. Governor to consider legislation that crosses committee jurisdictional lines or may conduct special 34 studies Legislative Organization § § Committees in the Senate 3.Special Interim committee – Senate committee appointed by the Speaker or lieutenant governor to study an important policy issue between regular sessions 35 Legislative Organization § Legislative Caucus System-An organization of legislators who seek to maximize their influence over issues in which they have a special interest § Prohibited from receiving pubic money § Facebook/Twitter 36 Legislative Organization § Party caucuses-strengthening of party caucuses in each chamber of Texas legislature. No formal organizational role in either chamber, party caucuses take policy positions on some issues and promote unity among their members § Racial/ethnic caucuses-Members of the caucus led efforts to establish the University of Texas-Rio Grande Valley UT Pan American and UT Brownsville 37 medical school Legislative Organization § Ideological caucuses-Conservative and liberal caucuses reflect opposing view on most issues. Texas Conservative Coalition Republicans and Conservative Democrats; Liberal Legislative Study Group; Independent Conservative Republicans (ICRT); Tea Party Caucus § Bipartisan caucuses- Some caucuses are framed around specific issues important to Republicans and Democrats. Houston's W omen's Health Caucus and 38 Farm to table caucus Legislative Organization § § § Question: The Speaker of the House presides over that body but cannot vote on a bill or resolution. In the Texas Senate, who determines the committee to which a bill will be sent after the introduction? 39 State Senators Dan Patrick (R-Houston) and Leticia Van de Putte (DSan Antonio) discuss an issue during the 82nd Legislature. The two opposed each other in 2014 as nominees for their respective parties in the race for lieutenant governor. Patrick won that election. Critical Thinking Question: What is the appropriate relationship between elected officials who are members of opposing political parties? Copyright © 2016 Cengage Learning. All rights reserved. 40 Legislative Operations § Powers and Immunities-1.Making public policy § Resolutions-a legislative statement of opinion on a certain matter § 1. Simple resolution (HR or SR)- A resolution that requires action by one legislative chamber only and is not acted on by the governor. Ex. House or Senate procedures, invitations to nonmembers to readiness a particular chamber § 2. Concurrent resolution (HCR or SCR) -adopted by both the House and Senate majorities and then approved by the Governor. Ex. A request for action 41 by Congress or authorization for someone to sue the state/state icons(pumpkins);state musical instrument Legislative Operations § Powers and Immunities § Making public policy § 3.Joint resolution (HJR or SJR)- A resolution that must pass by a majority vote in each house when used to ratify an amendment as the US Constitution (¾ of the states). Ex #2 As a proposal for an amendment to the Texas Constitution, a joint resolution requires a two-thirds majority vote in each house. Does not need the governor's signature 42 Legislative Operations § Powers and Immunities § Making public policy § § § Bills- A proposed law (HB or SB): Special-an exception to general laws for the benefit of a specific individual, class or corporation General -apply to all people or property in all parts of Texas. Pass by a simple majority. For emergency measures, need 2/3 of each chamber to take effect upon the governor's 43 signature Legislative Operations § Powers and Immunities § Making public policy § § Bills (con't) Local-creates or affects a single unit of local government (a city, county, or special district. Such bills usually pass without opposition if sponsored by all legislators representing the affected area 44 Legislative Operations § Powers and Immunities § 2.Constitutional amendment power (Remember need joint resolution of both chambers) § 3.Administrative and investigative powers § Oversight-requiring state agencies to make both periodic and special reports to the legislature. Auditor and the the six member committee of top elected officials on the 45 Legislative Audit committee. Legislative Operations § Powers and Immunities § Second control over state agencies through the Sunset Advisory commission which makes recommendations to the House and Senate concerning the continuation, merger, division, or abolition of nearly every state agency. § Legislature may subpoena witnesses, administer oaths, and compel submission of records and documents 46 Legislative Operations § Powers and Immunities § Senatorial courtesy-before appointment the governor is expected to obtain approval from the state senator in whose district the prospective appointee resides. Failure to do so would cause the Senate to “bust” the appointee. § 4.Impeachment and Removal Powers- House impeaches majority vote (charge) and the Senate removes(tries the individual)in Senate chambers by 2/3. Disqualification form holding any other pubic office under the Texas composition. Crime, prosecution before court. Elected executive 47 officers such as governor/appointed state officials Legislative Operations § § § Powers and Immunities 5. Immunities- May not be sued for slander or otherwise held accountable for any statements made in a speech or debate during a legislative proceeding. My not be arrested while attending a legislative session or while traveling to or from the legislature's meeting place for the purpose of attending (unless treason, felony, or breach of the peace). 48 Legislative Operations § Rules and Procedures § Rules and Procedures § Bills and adopting resolutions principal means whereby members of the Texas legislature participate in making public policy § Each chamber adopts own rules at the beginning of each regular session 49 Legislative Operations § Rules and Procedures § Procedural issues decided by presiding officer Lt. Governor (Senate) and Speaker of the House § Whether a bill is passed or defeated depends heavily on the skills of sponsors and opponents in using House rules and Senate rules § Lt. governor /and Speaker of the House instrumental in the interpretation of rules 50 Route Followed by a House Bill from Texas Legislature to Governor Critical Thinking Copyright © 2016 Cengage Learning. All rights reserved. 51 Legislative Operations § § How a Bill Becomes a Law (Can be introduced in either House or Senate; companion bill in the other chamber helps speed passage) 1. Introduction in the House- Parliamentarian provides advice on procedural questions to Speaker and Lt. Governor First 30 days introduction of bills and resolutions, emergency appropriations , and 52 recess appointments during recess. Legislative Operations § § § § How a Bill Becomes a Law Second:30 days devoted to committee consideration of bills/resolutions Last 80 days devoted to floor debate and voting on bills/resolutions At any time emergency matters may be considered by governor 53 Legislative Operations § § How a Bill Becomes a Law (cont) 2. First Reading (House) and Referral to Committee-chief clerk reads aloud the caption ( a summary of contents ) and announces the committee to which the bill has been assigned by the Speaker 54 Legislative Operations § § How a Bill Becomes a Law (cont) 3. House Committee Consideration and Report (Bill analysis and whether fiscal note (LBB). Also, impact statement (change punishment for felony offense or change the public school finance system). Might have subcommittee involvement. 55 Legislative Operations § § How a Bill Becomes a Law (cont) Proposed bills from either full or subcommittee may have amendments and vote on each amendment or substitute new bill for the proposed bill 56 Legislative Operations § How a Bill Becomes a Law (cont) Two committeess determine the order in which bills are cleared for floor action: § § § 1.Local and consent. Local bills, consent and noncontroversial resolutions 2. Calendar committeeEmergency; all taxing and spending(appropriations) bills/ 57 § Legislative Operations § How a Bill Becomes a Law (cont) Major state calendar; statewide impact; insurance general state calendar (statewide but limited legal and policy effect; a fixed tuition plan Constitutional Amendment Minor state calendar 58 Legislative Operations § § How a Bill Becomes a Law (cont) 4. Second Reading (House)-The author of a bill, the committee member reporting on behalf of the committee , or another designated member has the privilege of beginning and ending floor debate with a speech of not more than 20 minutes. Usually reads caption only. Only requires a majority vote for amendments. Can avoid third reading with 4/5. electronic and no ghost voting with strict enforcement 59 Legislative Operations § § How a Bill Becomes a Law (cont) Chubbing- a practice whereby representatives engage in a lengthy debate for the purpose of using time and thus preventing a vote on a bill that they oppose. (No filibuster in House) 60 Legislative Operations § § § How a Bill Becomes a Law (cont) To prevent logjams no nonlocal House bill during the last 17 days, no local House bills during the last 10 days, and no Senate bills during the last 5 days. 5. Third Reading (House)- passage of a bill requires a simple majority but amendments will require two thirds. After approval of amendments, copy, and ENGROSSED. 61 Legislative Operations § How a Bill Becomes a Law 6. First Reading (Senate)-Secretary of Senate reads aloud the House bill's caption and and announces the committee assignment chosen by the Lt. Gov.; must have a Senate sponsor and Senate sponsor when it goes to House (start in Senate) 62 Legislative Operations § How a Bill Becomes a Law 7. Senate Committee Consideration and Report- may tag a bill; effective during the last days of the session. Bills are listed on the Senate's Regular Order of Business in order in which the secretary of the Senate receives them (not like sections on the Calendar committee in the House) 63 Legislative Operations § How a Bill Becomes a Law Senate Administration Committee-“parks” a blocking bill “rosebush or blocker bill Need two thirds of Senate to vote to suspend the rules (So if you have 21 votes and the other side has only 10 votes (remember 31 total in Texas Senate), the majority party controls the agenda and vote to suspend the rules and take the legislation around64the Legislative Operations § § § How a Bill Becomes a Law Once that is done, only need a majority to pass (16). So actually takes 2/3 to suspend rules to hear legislation but only a majority (16) to pass once they discuss matter. If minority side has 11, they can prevent further discussion on legislation. Some think this gives the minority too much power and some attempts to get rid of the blocker bill. Dan Patrick (Lt. Gov) 65 Legislative Operations § How a Bill Becomes a Law Second Reading in the Senate-debates the bill and makes amendments. May filibuster a bill (prolonged debate).Not as powerful as when done in the US Senate because can be halted with a majority or or a motion to adjourn or recess. Most effective if undertaken toward the end of a session when time is short. (Wendy Davis) 66 Legislative Operations § How a Bill Becomes a Law (cont.) 9. Third Reading (Senate)-If passed on the second reading, a bill can have its third reading suspended with 4/5 majority vote. Amending requires 2/3 but only need a majority to pass 10. Return to the House -clerk supervises a perfect copy of the bill and delivers it to the Speaker. After they accept all the amendments given in the Senate. If not 67 goes to a Conference Committee Legislative Operations § How a Bill Becomes a Law (cont.) 11. Conference Committee-Each presiding officer appoints five members to serve on conference committee. Adjust differences and promote a compromise 12. Conference Committee Report-must be fully accepted or rejected by a simple majority vote in each chamber 68 Legislative Operations § How a Bill Becomes a Law (cont.) 13. Enrollment-After Both chambers have accepted a conference report or both agreed to the amendments added to the bill, the House prepares a perfect copy of the bill and stamps ENROLLED. Presented to House 14. Signatures of the Chief Clerk and SpeakerChamber or origin, read by number only, and certifies the vote by which it passed 69 Legislative Operations § § How a Bill Becomes a Law (cont.) 15. Signatures of Secretary of Senate and Lieutenant Governor 16. Action by the Governor -When the legislature remains in session, the governor has three options: 1.Governor can sign the bill 2. Allow it to remain unsigned for 10 days, after which it becomes law without the chief 70 executive's signature (governor) Legislative Operations § How a Bill Becomes a Law (cont.) 3.Veto the measure, returning it to the House unsigned and giving the reasons for the veto. The House and Senate can override by having 2/3 in each chamber (Remember House and Senate still in session) 71 Legislative Operations § How a Bill Becomes a Law (cont.) . Action by the Governor -When the legislature adjourns and the session end the governor can: 20 days to veto the pending legislation and file the rejected bills with the Secretary of State. If he doesn't veto, automatically becomes law after 20 days. Veto-This post adjournment veto is important because the legislature is not in session 72 and cannot be overridden. Legislative Operations § § Question: What is the most typical way in which the legislature exercises its legislative power? Members of the Texas House of Representatives have no way to delay a vote on a bill through debate. 73 Influences Within the Legislative Environment ü Constituents- “folks back home” should be the most important but at times take a back seat to other influences. Not complete indifference but at times falls short ü Presiding officers- in the House and Senate ü Governor 74 Influences Within the Legislative Environment ü Attorney general and judges ü State comptroller-estimates state revenue for budgeting purposes ü Lobbyists (special interests) ü Events ü Research organizations ü Media 75 Influences Within the Legislative Environment § § Most Texas legislators depend heavily on information provided by their staffs, administrative agencies and by lobbyists Research Organizations § The Texas Legislative Council-Provides bill drafting , advice for legislators, interim study committee research support demographic and statistical 76 data (Lt. Gov, Speaker, 6 H, 6 S Influences Within the Legislative Environment § – House Research Organization- Daily Floor Reports-analyze important bills, provided a summary of bill content and presenting arguments for and against each bill – The Senate Research Centeranalyzes bills under consideration by the Senate 77 Influences Within the Legislative Environment § § The Center for Public Policy PrioritiesRobert Junell (D- San Angelo) believes liberal bias (state taxation, appropriation to education and health care) The Texas Public Policy FoundationLimited government, free enterprise, private property rights, and individual responsibility. Energy, education, health care as well. More conservative 78 Influences Within the Legislative Environment § The Media § Social media influence § Online news sites § Texas Tribune § Quorum Report § Austin-American Statesman § Texas Monthly § Texas Insider 79 Questions: § § The House Reserch Organization influences the House through the Daily Floor Report, which presents arguments for and against each bill. How do social media provide insight on media sources that are 80 important to legislators TX Sen Wendy Davis— Abortion Bill—Never Give Up Click on picture to view video Copyright © 2016 Cengage Learning. All rights reserved. 81 Video Discussion Questions 1. 2. 3. What is the purpose of a filibuster? What interests or groups does Senator Wendy Davis represent? Is it easier to pass or to defeat legislation in Texas? Copyright © 2016 Cengage Learning. All rights reserved. 82
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