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Chapter Topics
• Structure
• Membership
• Organization
• The Legislative Process
• Legislative Policymaking
• What We Have Learned
Copyright @ 2011, 2009, 2007 Pearson Education, Inc
Case Study
Global Warming - In 2009, the Texas legislature cautiously
began to address the issue of global warming, the gradual
warming of the Earth’s atmosphere, which is reportedly caused
by the burning of fossil fuels and industrial pollutants.
Politics
Process
- Legislative
efforts
to enact
Business
Friendly
- The
Business
friendly
environmental
Legislativeand
Success
effort to
pass
environmental
environmentally
friendly
legislation
illustrateofboth
legislative
legislation
madedemonstrated
progress
in the
thedifficulty
legislature
in 2009,
bills
measures also
the
legislative
Comment:
The
legislature
is
a
principal,
but
only
one
politics
the
legislative
process.
designed
to Texas.
punish
polluters
got nowhere.
processand
in
Even
measures
that enjoy strong support
of several
policymaking
institutions
within Texas
sometimes fail because supporters run out of time in a short
government.
The others are; the Executive Branch,
legislative session.
Judicial Branch; City Government; and other units of
local government such as counties, school districts,
and special districts.
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Bicameralism
Bicameral - Texas has a bicameral legislature composed of two
chambers consisting of a House of Representatives and Senate.
Constitution - The Texas constitution assigns each legislative
chamber certain powers and responsibilities.
Senate - The Senate has the authority to confirm or
reject the governor’s appointments by a two-thirds
Comments:majority.
House
- Only
Texas House
legislation
 The House
alone,
bythe
majority
vote,may
hasinitiate
the power
to raise taxes,
evenis though
both accusation
chambers must
of impeachment,
which
a formal
agree before any tax bill can pass.
against an executive or judicial officeholder.
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Bicameralism
Representation - Each House member represents approximately
139,000 individuals; whereas, each Senate member 673,000
constituents.
Terms of Office - Representatives serve for a term of two years;
senators serve for a term of four years.
Comments:
 Bicameralism has supporters and critics.
 Conventional wisdom is that bicameralism has a
conservative effect on the policymaking process because
two chambers must approve a measure before it can
clear the legislature.
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Session Frequency
Regular Session - The legislature meets in a regular session
every other year (biennial), in odd-calendar years with sessions
beginning on the second Tuesday in January.
Special Sessions - The Texas Constitution empowers the
governor to call special sessions of the legislature, which may
last for a maximum of 30 calendar days.
Comments:
• Annual legislative sessions are near the top of the list of
constitutional reforms because reformers believe that the
affairs of state government are too complex to handle in
biennial sessions.
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Session Length
Session Length - The biennial sessions of the legislature are
limited to a maximum of 140 calendar days.
Pressure Sessions - Legislative activity in Texas thus tends to
concentrate at certain times, i.e., the deadline for submitting
bills and the end of the session.
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Demographics
Comments:
Photo: AP/Wide World Photos
Diversity - The 81st Legislature (2009) included:
43 Women
37 Latinos
16 African Americans
2 Asian American
• Although the Texas legislature is an ethnically diverse
body, itof is
a Legislature
cross-section
the state’s
population.
The membership
thenot
Texas
is moreof
diverse
today than
at any time in history.
• Figure 8.1 on the following slide indicates, the legislature
is whiter and has more male members than the state of
Texas as a whole.
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Figure 8.1 Representation in the 81st Legislature
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Compensation
Salary - The official salary for members of the legislature, both
House and Senate is set by the Texas Constitution at $600 a
month or $7,200 a year.
Other
– Non-salary
compensation
Comments:
Compared
with other
states,provided
this for
Other Compensation
Benefits:
Texas legislators
the legislature is in session equals to a
compensation
figurewhen
is low.
 expense
Texas legislators
provided themselves with one of
daily
allowancehave
of $139.
the most generous pension plans in the nation.
 State law also allows legislators to deposit leftover or
excess campaign funds into officeholder accounts that
can be used to pay for whatever expenses the
lawmaker wants to cover.
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Legislative Turnover
Turnover - Legislative turnover refers to the replacement of
individual members of a legislature from one session to the next.
Redistricting – Turnover seems to peak in the first election
after redistricting.
Cause of Turnover – It is more often the result of voluntary
Example:
retirement, rather than election defeat. Some members leave
cannot win
others
quit out of
• because
The 78ththey
Legislature,
whichreelection;
was the first
legislature
frustration.
elected from the 2000 census redistricting, included 43
new members (5 senators and 38 members of the
House).
• The 81st Legislature (elected in 2008) included only 19
new faces out of 181 members.
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Photo: Corbis
Joe Strauss was elected speaker of the Texas House in January 2009.
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Term Limits
Term Limits - Term limitation is the movement to restrict the
number of terms public officials may serve.
No Texas Limits – Although fifteen states have enacted term
limit laws, Texas has not adopted term limits for its legislators.
Comments:
• Advocates of term limits believe that they will improve
the capacity of the legislature to do its work.
• Opponents are convinced
legislatures less effective.
that term limits
make
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Leadership
Leadership - The Speaker of the House and the Lieutenant
Governor are the presiding officers of the legislature.
Texas House of Representatives – The Speaker of the House is
the presiding officer of the House and is elected by the
members of the House.
Texas Senate – The Lieutenant Governor is the presiding
officer of the Senate.
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Leadership
Control - The Speaker and the Lieutenant Governor control
many of the legislative procedures of the House and Senate,
respectively.
Committee
Presiding
Officer
Membership
– As serve
presiding
– Scheduling
The
officers
Speaker
in appointments
and
their
Lieutenant
respective
Appointments
Assignments
– They
and
on and
make
– They
assign
bills to
chambers,
Governor
they
exercise
recognize
members
control
for debate,
rulework,
committee
onbodies,
points
committees
some
of the
and,
state’s
onceconsiderable
most
committees
important
have
policymaking
doneover
their
they
of
membership.
order,
and
interpret
rules. over
have
including
considerable
the
Legislative
influence
Budget
which
Board
bills are
(LBB)
scheduled
and the
for
Comments:
debate.
Legislative
Redistricting Board (LRB).
• The leadership of the Speaker and Lieutenant Governor is
a collective rather than individual;
• Each official heads a leadership team made up of
supporters in the chamber.
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Committees
Standing Committee - A standing committee is a permanent
committee established to handle legislation in a certain field.
Member
Assignments
–––The
Lieutenant
and
Speaker
Legislative
Standing
Membership
Committees
Workload
Limits – House
Standing
In and
2007
Senate
committees
the Governor
Texas
rules limit
House
are
the
important
number
had 41
make
mostcommittees
committee
because
standing
of
standing
they
committees
enableassignments.
and
members
on
thewhich
Texas
tolegislators
Senate
divide had
the
may
15legislative
standing
serve
to
workload.
committees.
three.
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Committees
Other Committees – Other special committees are established to
serve unique purposes.
Interim Committee - A committee established to study a
particular policy issue between legislative sessions, such as
higher education or public school finance.
Select or Special Committee – A committee established for a
limited period of time to address a specific problem.
Conference Committee – A committee created to negotiate
differences on similar pieces of legislation passed by the
House and Senate.
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Legislative Assistance
Staff Assistance – Staff assistance is important to members of
the Texas legislature because they are essentially part-time
employees asked to perform a monumental task in a limited
period of time.
Funding Allowance - The legislature provides members with
sufficient funds to employ staff assistance, who perform a
wide array of legislative services.
Institutional Support - The legislature also provides members
with institutional assistance, for example, the Legislative
Council and the Legislative Reference Library.
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Introduction of Legislation
Legislation – In each legislative session, members introduce
thousands of bills and hundreds of resolutions.
Bill – A proposed law.
Resolution – A legislative statement of opinion on a certain
matter, i.e., congratulating a Texas sport’s team for winning a
championship.
Joint Resolution - Joint resolution is a resolution that must be
passed by a two-thirds vote of each chamber.
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Committee Action
Committee Assignment – After a bill or resolution has been
introduced, the measure is assigned to a committee by the
lieutenant governor and the Speaker, respectively, in each
chamber.
Mark Up
Committee
Report
Out
- Vote
After
- If -the
- the
The
proposed
hearings
committee
measure
are members
complete,
receives
vote
the
aofwhether
majority
committee
to
of
Public
Hearing
Committees
begin
consideration
proposed
meets for mark
recommend
affirmative
votes,
the
up,
revised
which
it public
is measure
reported
is the
process
toout
their
of respective
revising,
committee
amending,
chamber
to the
legislation
by
holding
hearings.
or rewriting
for
respective
passage.
floor.
of the proposed legislative measure.
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Photo: Bob Daemmrich/The Image Works
The detailed work of the legislature takes place in committees.
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Floor Action
The Process – The process by which legislation moves from
committee to the floor differs in the two chambers of the Texas
legislature.
House of Representatives - Measures recommended favorably
by a standing committee go to the Calendars Committee for
assignment to one of the House calendars, which sets the
order of priority for consideration of the legislative proposal.
Senate - Measures recommended favorably go to the Senate
calendar of bills, which sets the order of priority for
consideration of the legislative measure on the Senate floor.
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Floor Action
House of Representatives – House rules provide for
consideration of measures in order of priority set by the
calendar system, but the House may vote by a two-thirds
margin to consider a measure out of order.
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Floor Action
Senate – Senate rules require that bills emerging from
committee be placed on a single calendar for consideration in
order.
Standard Practice – However, it is a standard practice to
consider legislation out of order by suspending the rules of
priority with a two-thirds vote of the Senate.
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Floor Action
Debate – Floor action on bills consists of members of either
chamber debating the bill on its merit and perhaps offering
amendments.
House of Representatives - In the House, debate is limited due
to House rules so the measure eventually comes to a vote
unless the session ends before action can be taken.
Senate - In the Senate, debate can vary due to the practice of a
filibuster; however, a majority vote can end debate.
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Floor Action
Voting – Following debate, voting occurs.
Majority Vote - Ordinary legislation passes the Texas House
and Texas Senate by majority vote of those members present
and voting.
Two-Thirds Majority - Constitutional amendments require a
two-thirds vote of each chamber.
House of Representatives - Members of the House vote
electronically and a scoreboard displays each vote.
Senate - Members of the Senate vote by roll call.
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Conference Committee Action
Final Passage – A proposed measure has not cleared the
legislature until it has passed both chambers in identical form.
Conference Committee – A conference committees is a special
committee created to negotiate differences between pieces of
legislation passed by the House and Senate.
Reporting Out – Once conference committee members have
reached an agreement, the conference committee returns it to
the floors of the House and Senate for another vote.
Floor
Action
- Each
has
the Senate
option negotiate
of
voting
Reconciliation
- Conference
committees
Accept
or Reject
- chamber
The House
and
may
not
the
legislation
up orpieces
orlegislation
returning
it to the
differences
between
passed
by
amend
the measure
at down
this of
point;
rather, legislators
conference
committee
the
House
and
must
accept
orSenate.
reject for
thefurther
piece negotiation.
of legislation in its
entirety.
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Action by the Governor
Final Passage – Once a bill passes the legislature, it goes to the
governor, who has three options.
Take No Action – Take no action on the bill; however, the bill
becomes law after ten days if the legislature is in session.
Approve the Legislation – Sign the bill passed by the
legislature into law.
Line Item Veto – Exercise line-item veto on appropriation bills.
Veto – Issue a veto on the entire bill.
Comments:
• The Governor has the power to strike out sections or items of an
Comments:
appropriations bill while signing the remainder of the bill into law.
• Governor’s veto can be overridden by a two-thirds vote of each
• This
authority
only applicable
appropriations bill.
chamber
if the is
legislature
is still in an
session.
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Legislative Process
Legislative Process – A number of factors affect the legislative
process in Texas.
 Legislative Leadership
 Interest Groups
 Constituency
 Political Parties
 Political Ideology
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Legislative Leadership
Leadership – The centralizing of power for the Speaker of the
House and the Lieutenant Governor becomes an important
factor in the legislative process.
Comments:
• The support or opposition of the leadership strongly
determines the success or failure of a legislative
measure.
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Interest Groups
Interest Groups – Interest groups influence the legislative
process by contributing money to candidates which provides
legislative access.
Comments:
• Interest groups also affect the legislative process
through lobbying.
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Constituency
Constituency Influence
constituency service.
–
Several
models
are
linked
to
Third
Model
– –Another
AA–third
model
representation
holds
that
Traditional
Second
Fourth
Model
Model
Model
second
The model
traditional
model
ofofrepresentation
ofmodel
representation
of representation
suggests
holds that
is
legislators
use
their
own
common
sense
andelection
good
judgment
to
that candidates
lawmakers
legislators
do
sometimes
what
make
they
promises
represent
think their
during
constituents
constituents
the
outside
will
campaign
approve
their
do
what
iskeep
best
foras
their
and
the state
as
ainwhole.
and
at
districts,
the
then
next
such
election.
(or
fail
This
campaign
toconstituents
keep)
approach
those
contributors.
recognizes
promises
that
once
From
legislators
office.
this
In this
may
perspective,
sometimes
approach,
big money
address
citizens
contributors
issues
hold legislators
thatmay
were
have
accountable
notasdiscussed
much for
or
keeping
during
more
influence
the
their
lastpromises.
election.
over legislative decision-making as the voters.
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Photo: Bob Daemmrich/Bob Daemmrich Photography, Inc.
The Texas legislature failed to approve a statewide smoking prohibition
despite the high-profile support of Lance Armstrong.
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Political Parties
Political Parties – For most of the state’s history, political parties
played a relatively small role in legislative policymaking,
because nearly every legislator was a Democrat.
Partisan Legislature – The 78th legislature, which met in 2003,
marked the beginning of a turn toward a more partisan
legislature, especially in the Texas House.
Partisan Drama – Perhaps the biggest legislative drama of the
2009 regular session was the highly partisan battle over voter
Comments:
ID that pitted almost every Democratic legislator against
• Democratic
and
Republican
legislators disagree on policy
almost every
Republican
lawmaker.
issues because they represent different constituencies
with different interests.
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Political Ideology
Political Ideology – Political ideology influences the legislative
process in several ways.
Liberalism – Liberalism is the political view that seeks to
change the political, economic, or social institutions of society
Comments:
to foster the development and well-being of the individual.
• Liberals usually favor government regulation and high levels of
spending
for social
programs.
Conservatism
– Conservatism
is the political view that seeks to
preserve the political, economic, and social institutions of
• Conservatives generally oppose most government economic
society against
abrupt
change. spending while favoring low
regulation
and heavy
government
taxes and traditional values.
• Historically, conservatives have dominated the Texas legislature
and legislative policies have reflected their political values.
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What We Have Learned

How bicameralism, biennial sessions, and limited session length affect
legislative policymaking in Texas.

What is the job description of a member of the Texas legislature,
considering qualifications, background, compensation, turnover, and term
limits.

How the Texas legislature is organized in terms of leadership, committee
organization, and legislative assistance.

What the steps of the legislative process are.

How the following factors affect the legislative process: legislative
leadership, interest groups, constituency, political parties, and political
ideology.
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Copyright @ 2011, 2009, 2007 Pearson Education, Inc