POL Presentations.

Distrust of Government •Texas Constitution strictly limits taxation. •Limited powers, terms, and salaries. •Long ballot.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •Texas Constitution explicitly labels the exact circumstances under which the government can tax and incur debt. •Powers, terms, and salaries of executives and legislatures are strictly limited. •Long ballot: A system in which almost all the positions in a state are elected rather than appointed.

•Mexico struggled to control Texas. •Prohibited Anglo immigration and slavery. •President of Mexico sought centralization. •Battle of San Jacinto.

2-3 Identify Spanish and Mexican influences on the current constitution. •Mexicans worried about losing control of Texans if Anglo immigration continued to increase. •Prohibited further Anglo immigration. •Outlawed all forms of slavery. •President Santa Anna moved to centralize all power. •Texas successfully defeated Santa Anna at the Battle of San Jacinto, resulting in the Treaties of Velasco.

•Polk provoked Mexican-American War. •Treaty of Guadalupe Hidalgo. •Mexican citizens promised equal treatment. •More rapid population growth.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Fighting between newly admitted Texas and Mexico broke out in 1846, though this may have been provoked deliberately by US President Polk. •Both Mexico and the United States declared war, which ended less than two years later after US troops reached Mexico City. •Treaty of Guadalupe Hidalgo: Signed February 2, 1848; this agreement between the United States and Mexico ended the Mexican-American War and recognized the Rio Grande as the boundary between Texas, now part of the United States and Mexico. •Mexican citizens who became US citizens in this agreement were promised the rights of US citizens. •There was more rapid population growth following the annexation. •Tejano population nonetheless declined. •Many Tejanos were forced to move to Mexico as an increasingly unfriendly Anglo culture pressed in on them.

The Era of Reform •Progressives gubernatorially successful, legislatively hobbled. •Fixations: Prohibition and race issues. •James E. "Pa" Ferguson.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Progressive gubernatorial candidates had great success, but legislative victories were limited. •Governor Thomas Campbell saw his agenda hijacked or sidetracked by the legislature, so his referenda and recall went unpassed. •Progressives were eventually consumed by alcohol prohibition. •Many reforms remained fixated on race and the Civil War: •Governor Oscar Branch Colquitt struggled in his 1912 reelection bid after criticizing a state textbook for rejecting a text including a photograph of Abraham Lincoln; his opponent was a proud old-guard Southerner who played upon Texan sentiments. •Prohibition became linked to racial hatred. •James E. "Pa" Ferguson exemplified progressives' failure to reform with his unconstitutional attempts to cap the rent tenant farmers could be charged and his petty use of the governor's office to punish his enemies. •Ferguson was eventually impeached and disqualified from public office.

The Era of Reform •Prohibition in Texas. -Concurrently rejected women's suffrage. •Economic changes linked to oil. -Tax surplus. Increasing fruit and lumber.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Prohibition in Texas preceded national Prohibition by a year but proved equally unworkable. •Poorly funded enforcement. •Many citizens simply refused to give up alcohol. •The same year Prohibition was approved, women's suffrage was rejected. •Economic changes of this era were linked to oil fields. •By 1928, Texas led the nation in oil production, replacing cotton as the foundation of the Texas economy. •Revenues contributed almost $6 million to state tax accounts and reduced the need for other taxes. •Lumber and fruit trees were also key parts of the economy in this period.

Secession and the Confederacy: The Constitution of 1861 •Revised 1845 constitution. •Slavery more protected. •Owners/Legislators couldn't legally emancipate slaves.

2-3 Identify Spanish and Mexican influences on the current constitution. •Largely a revised version of 1845's constitution, with the United States' references swapped out for the Confederate States of America. •One notable difference: slavery received even stronger protection. •Both owners and legislators now prohibited from emancipating slaves under any circumstance.

•Immigrants part of Texas history. •Early Texans were unlawful immigrants. •Difficulty of governing changing state. •Crossroads between new and old.

1-1 Describe how the state's geography and demographics shape its politics. •Immigrants pouring across the Mexican border come lawfully or unlawfully, but most have proved to be hardworking and enterprising additions to the state of Texas. •Relatedly, many of the early Texans who fought for Mexican independence were actually unlawful immigrants. •This difficulty in governing a demographically shifting state was apparent both in Texas's past and its current events. •One constant is a Texas at the crossroads between new and old. •The true Texas stands between the larger-than-life legends passed on for generations and the technological innovations occurring inside and outside of Texas.

Texas Geography •Second-largest US state. •Diverse climates and populations. •Role of Texas's size. •Texans often resist new arrivals.

1-1 Describe how the state's geography and demographics shape its politics. •The second largest of the US states. •Spans 773 miles from east to west. •Spans 801 miles from north to south. •Variety of climates: •Piney Woods in East Texas. •Deserts of West Texas. •Shoreline and marshland on the Texas Gulf Coast. •The vast geographic size (and sparse populations in many cases) of Texas has limited those face-to-face interactions historically needed to develop political organizations. •This has prevented the development of large party machines that corrupted other states during the nineteenth century. •But also prevented the formation of beneficial groups across the state. •Campaigning is much more expensive due to the state's size, leaving politicians dependent on financiers capable of bearing the cost. •Dramatic styles are rewarded, and political outsiders may have more luck given Texans' fondness for independence. •Size has also acquired complex social connotations: •A seemingly endless frontier represents limitless potential and freedom. •Texans who are so dispersed must hold onto the shared culture of history and legend even more tightly to maintain a shared culture. •Texas has often resisted the needs and wishes of new arrivals with those that preceded them highly resistant to giving up power they had fought for themselves.

History: The Birth of Texas Traditions (1 of 8) •First inhabitants of Texas. •Influence of the Spanish. •Brief French presence. •Horses shaped Native American culture.

1-2 Discuss the role of tradition and legend in Texas politics.

Mexican Independence •Mexican War of Independence. •Austin's colonization approved and prosperous. •Opportunity drew illegal immigrants/squatters. •Tension between Mexican/Anglo cultures.

1-2 Discuss the role of tradition and legend in Texas politics. •Father Miguel Hidalgo y Costilla launched the Mexican War of Independence against Spain, demanding equal rights between Europeans and those born in the New World. •After independence was won, local authorities still sought to bar US immigrants. •Mexico eventually approved Austin's colonization plan, hoping legal settlers might become loyal to Mexico rather than the United States. •In 1824 he brought 300 families to settle in Texas, and they quickly became prosperous—earning Austin four additional contracts over the next seven years. •However, the same opportunities drew illegal immigrants and squatters, which challenged legal colonies. •Tension between Mexico and the 10,000 Anglo settlers of Texas increased due to clashing culture and an insistence on imposing Spanish Catholic culture on Protestant Anglo settlers. •Mexico was opposed to slavery, which prevented Anglo settlers from producing cotton as a lucrative cash crop.

The Texas Revolution •Henry Smith: favored radical independence. •Stephen F. Austin maintained moderate stance. •Smith impeached within four months.

1-2 Discuss the role of tradition and legend in Texas politics. •Radicals won out and elected Henry Smith, who favored immediate independence, over Stephen F. Austin. •Smith resisted compromise and suspended the General Council; he was impeached within four months.

The Republic of Texas •Sam Houston first president. •Interest in US annexation. •Mirabeau B. Lamar's disastrous term. •Houston reelected; courted Europeans.

1-2 Discuss the role of tradition and legend in Texas politics. •Sam Houston was elected the first president of the Republic of Texas by a landslide. •Interest in annexation to the United States was apparent from day 1 of independence. •Population of Texas doubled between 1836 and 1847. •Second president Mirabeau B. Lamar sought to eradicate the American Indian tribes living in Texas and opposed United States annexation. •He oversaw as the Republic of Texas's debt swelled from $2 million to $7 million and its currency tanked. •These issues and others resulted in Houston's eventual reelection. •Houston cleverly courted Europeans to pique the jealousy of the United States legislators, who were reluctant to admit a slave state.

The Texas Revolution •Sam Houston's regular army. •Volunteers refused Houston's orders. •New constitution protected slavery. •Outlined interim government.

1-2 Discuss the role of tradition and legend in Texas politics. •Sam Houston was put in charge of a regular army, but not officially granted command over the volunteers already in the field. •These volunteers were thus notorious for their autonomy and lack of discipline, even refusing Austin's orders outright. •In elections of February 1836, Texan voters generally selected younger transplants to Texas to hold a new convention, where they crafted a declaration of independence and the Constitution of the Republic of Texas. •Protected the institution of slavery. •Devised an interim government consisting of the convention members. •Revolutionary leaders often fought among themselves even after independence was won.

•Establishment of missions failed. •Presidios then built. •Intended to defend against French. •Briefly prohibited US settlers.

1-2 Discuss the role of tradition and legend in Texas politics. •Spanish established missions and presidios, with the former intended to convert Native Americans to Catholicism and then employ them to defend against the French. •This was unsuccessful, however, so the Spanish had to supplement with presidios. •The people of the United States were not to be permitted into the area. •Spanish government forced to resort to giving citizens of the US land grants to settle Louisiana, as closing off Texas would prove futile.

The Texas Revolution •Some endorsed moderate actions. •Tejanos torn between two sides. •Political gathering for "Consultation." •Established "Organic Law."

1-2 Discuss the role of tradition and legend in Texas politics. •Tension devolved into revolution, although Stephen F. Austin and other established settlers pushed for a more moderate course of demanding statehood from Mexico (rather than total independence). •Tejanos were torn between their holdings in Texas and their Mexican culture, uneasy about the prospect of life under Anglo settlers who thought Mexican culture inferior. •Like Anglo settlers, however, they did not want Mexico City legislating their fates and economic development. •Texans gathered politically after the Mexican president became less tolerant and sent troops to enforce Mexican laws. •Gathered a "consultation"—a much less controversial word than "convention"—to organize their response. •Organic Law created a governor, lieutenant governor, and a general council of representatives from each area.

•Spanish legacy in Texas. •Empresario. •Stephen F. Austin eventually recognized potential.

1-2 Discuss the role of tradition and legend in Texas politics. •The Spanish legacy in Texas: •All major rivers but the Red River have Spanish names. •Cattle branding began after a Spanish proclamation that unbranded cattle were the property of the king. •Stephen F. Austin became a reluctant empresario after his father, a one-time visitor to Texas from Missouri, expressed a deathbed wish that Stephen colonize Texas. •Empresario: An entrepreneur who made money colonizing areas of the Mexican territories. •Austin recognized the economic potential of the task and eventually embraced it.

Reconstruction in Texas •Carpetbaggers had negligible effect. •Constitution of 1869 granted rights: -Voting, holding office, public schooling. -Jury duty, testifying against whites.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Carpetbaggers did not truly have a significant impact on Texas government compared to the combination of newly enfranchised freedmen and newly disenfranchised Confederacy supporters. •The Constitution of 1869, by now dominated by Republicans, granted many rights to freedmen: •Voting. •Running for office. •Serving on juries. •Testifying in court against whites. •Attending public schools.

Reconstruction in Texas •Juneteenth occurred in 1865. •Beginning of Republican majority. •Freedmen exploited and abused. •1866 Constitution disregarded freedmen's rights.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Carpetbaggers did not truly have a significant impact on Texas government compared to the combination of newly enfranchised freedmen and newly disenfranchised Confederacy supporters. •The Constitution of 1869, by now dominated by Republicans, granted many rights to freedmen: •Voting. •Running for office. •Serving on juries. •Testifying in court against whites. •Attending public schools.

CHAPTER 2

CHAPTER 2

Texas in the Confederacy •Cotton farming and slavery. •Senator Sam Houston opposed slavery. -Lost Senate seat, won governorship. •Confederacy disastrous to many.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Rising cotton farming adoption in Texas drastically increased the value of slavery in the Texas economy. •Sam Houston, now a US Senator, was one of few Southern congressmen to publicly oppose slavery and eventually lost his office for it, well over two years before his term officially expired. •He subsequently ran for governor and lost due to an association with the anti-immigration Know-Nothing party. •A second gubernatorial bid in 1859 was successful. •However, over Governor Houston's objections, the Secession Convention convened and voted overwhelmingly in favor of secession. •The Confederacy was disastrous to many, especially free blacks, Germans (who often opposed slavery), and Tejanos (whose land was frequently seized). •Pro-Union Anglos were often also forced to flee the state.

The Great Depression and the New Deal in Texas •Breaking from Democratic party. •Oil overproduction: prices plummeted. •Miriam "Ma" Ferguson elected governor. •Replaced by Wilbert Lee "Pappy" O'Daniel.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •Texans began to break from the Democratic party. •Elected Republican Herbert Hoover, but regretted it as the Depression struck. •Oil overproduction caused a dramatic price decline. •Miriam "Ma" Ferguson, wife of disgraced "Pa" Ferguson, was elected Governor; although she departed the office in 1935, Wilbert Lee "Pappy" O'Daniel continued the populist cause. •O'Daniel, a radio personality, lacked the skill and experience to work with legislators. •Nonetheless, he was reelected and only left office when he was eventually elected Senator of Texas.

•Key issue: 1844 US election. •Texas retains secession rights. -May reenter as five states. -Designed to overcome US objections.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •The question of Texas's annexation was a key issue in the 1844 US presidential election, and Texas was admitted—though only barely—into the United States in 1845. •In an 1845 convention, the annexation was ratified and the constitution was redrafted. •Texas retained ownership of its public lands, a term of annexation not extended to other new states. •Texas retains the right to secede and, if desired, reenter the United States as five separate states. •Designed to overcome objections in the US Congress to the initial admission of Texas. •Right to divide these five states and create them rested with the US Congress.

The Era of Reform •Economic changes. •Railroad commission founded. •People's Party (Populists). -Willing to court black voters.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •The transition from farming and ranching to industrial and oil economies took a toll on the Texas Constitution. •In 1890, Attorney General James Stephen Hogg decided a railroad commission—which the railroads dismissed as "communistic"—was warranted. •The creation of the Texas Railroad Commission was purportedly to achieve fair competition, but in practice it often protected Texan railroads and businesses preferentially. •Farmers organized the People's Party (Populists) out of frustration with Democrat politicians. •Called for radical reform. •Willing to reach out to black voters. •Eventually absorbed into the Democrats, after which the progressives became the Texas reform party.

The End of Reconstruction and Rise of the "Redeemers" •Return of confederate sympathizers. •Election of white Southern Democrats. •Patrons of Husbandry (the Grange). •Cowboy legends, government-sanctioned settlements.

1-3 Describe the political developments that accompanied Texas's move from a country to a state. •When Reconstruction ended, more confederate sympathizers were allowed to vote. •Subsequent elections often went to white Southern Democrats. •Democrats proclaimed themselves "Redeemers" and eradicated remnants of Republican rule down to the Texas constitution. •The Patrons of Husbandry, also called the Grange, were an economic and political organization of farmers that significantly impacted the new Democrat-led constitution of 1876. •This constitution remained in force as it has not been replaced again, just amended time and time again. •Years after the Civil War created, the cowboy legends still popular in Texas. •However, by the 1890s everything from railroad competition to the advent of barbed-wire fencing brought these fabled cattle drives to an end. •The state government encouraged immigration in this period to settle West Texas and both drive off Native Americans and outnumber freedmen sharecroppers.

Texas Today •Political culture. -Individualistic political culture. -Traditionalistic political culture. -Moralistic political culture.

1-4 Describe the political culture of Texas and its impact on Texas government.

•Rejected 1954 desegregation. •Slow progress toward gender equality. •Presidential republicanism fading in 1960s. -Republicans eventually became majority.

1-4 Describe the political culture of Texas and its impact on Texas government.

Texas Today •Difficult to claim one culture. •Woodard's nations: -El Norte, Deep South, Greater Appalachia, and Midlands. •Diverse legends of Texas.

1-4 Describe the political culture of Texas and its impact on Texas government. •Because Texas is so large and complex, it is difficult to ascribe a single political culture. •Settlers were expected to build homes, cultivate land, and defend their home, with few public services to be relied upon. •This created a punitive view of justice and a disdain for gun control. •There are distinct cultures or nations within Texas and the broader United States. •Colin Woodard argues the United States comprises 11 nations, 4 of which can be found in Texas: •El Norte. The oldest area of civilization on the American continent that took root after Columbus's arrival and subsequent Spanish expeditions. Tejanos of El Norte is independent, self-sufficient, adaptable, and work-centered. •Deep South. Remnants of aristocratic privilege permeate this area, and there is a deep polarization along racial lines. •Greater Appalachia. Shares the Deep South's resistance to the intrusion of northern nations, values independence, but dislikes Deep South aristocrats as much as northeastern reformers. •Midlands. Skeptical of government, moderate, and even apathetic; believe government should benefit ordinary people. •The legends of Texas are diverse, but primarily draw on cowboy legend rather than the Old South story of slavery, secession, and defeat.

CHAPTER 3

CHAPTER 3

•Founded on people seeking change. •Continued dramatic growth. •Diverse needs in large population. •Distrust of newcomers.

1-5 Explain the context of Texas's increasingly diverse population. •Texas is founded on people who sought to change their lives. •Established Texans have not always welcomed newcomers, seeing them instead as competitors. •The population has continued to grow dramatically since annexation. •Even with zero migration, the state may have up to 31.2 million citizens in 2050. •However, migration significantly impacts population. •Diversity is also increasing. •Change is difficult when a system must meet the needs of such a large, diverse, and fluctuating population. •Newcomers tend to compete against established residents, and the government must decide who wins and who loses. •Reliance on broad categories such as Latino is unreliable, since Hispanic people have occupied the area since before its annexation and thus represent both recent immigrants and long-established Americans. •However, some observers believe a rising number of generally Democratic Hispanics will tilt Texas toward a Democratic electoral majority.

•Strong Christian presence. •Diverse economy, overseas competition threat. •Urban and rural areas. •Wealth inequalities in Texas.

1-5 Explain the context of Texas's increasingly diverse population. •There is a strong Christian presence in the state. •The economy is also diverse, covering every conceivable product and service. •It is massive in scale and growing. •The state has become highly urban in some regions. •Overseas competition threatens local economies. •Many Texans fall below the national average in measures of wealth, with a high degree of income inequality.

•Immigration defines Texas. •Centrality of Tejanos to Texas. •Increasing Tejano populations. -Racism against Tejanos.

1-6 Discuss how Texas's identity is shaped by immigration. •Immigration defines Texas. •Tejanos were central to early Texan development. •Anglos and Tejanos cooperated in a way that was overlooked by revisionists, with many Tejanos erased from Texas history. •Tejano populations declined until a repressive regime in Mexico created a new wave of immigrants. •They were often treated as superior to African Americans but inferior to Anglos, with no acceptance in either community. •Suppression techniques used against African Americans were also used against Tejanos.

•Constitution. •Founders believed constitution prevented tyranny.

2-1 Describe the purpose of a constitution. •Constitution: A written document that outlines the powers of government and the limitations on those powers. •Ideally brief and flexible. •The most fundamental provisions require less updating. •Protect individual rights but remain relevant. •US founders held that constitutional governments were necessary to prevent tyranny. •Created key checks on tyranny: •Federalism. •Separation of powers. •Popular sovereignty. •Texas has followed a US model since attaining independence.

•Texas residents sought frontier control. •Residents leaned toward secession. •Individualism appeals to constituents. •Redefinition of federalism.

2-1 Describe the purpose of a constitution. •Texas residents primarily interested in frontier control, not so much other forms of government. •Residents leaned toward secession. •Modern Texans continue to want federal involvement in border control but see other interventions as needlessly intrusive. •Texas individualism remains a popular way to connect with Texan constituents. •Have nonetheless redefined the Texan approach to federalism. •State officials simultaneously tell the national government to stay out of Texan lives and use the federal government to override local decisions. •Remains to be seen if the increasing state centralization will be accepted by Texan citizens.

The Evolving Idea of Federalism •Dual federalism. •Cooperative federalism. •Devolution. •National power increases with resources.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. •Dual federalism: The theory of federalism that suggests that state governments and the national government have separate spheres of policy responsibility. •In practice, meant national government stayed out of policy areas seen as the state's domain. •Eroded after the New Deal as federal governments began to exert control over civil rights. •Cooperative federalism: The theory of federalism in which the state and the national government both pass policy in the same policy area. •Often, national government imposes a policy change and state governments actively resist. •Overall, power shifts toward the national governments in the interest of standardization, efficiency, and uniformity. •Devolution: Shifting power to state governments. •Texans tend to prefer this view. •National power expanded as financial resources increased. •Financial advantages of federal government have allowed them to encourage policies at lower levels with funding.

•Enumerated powers. •State powers. •Implied powers. Concurrent powers.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. •Enumerated powers: Powers expressly granted to the national government, including those listed in Article 1, Section 8 of the US Constitution. •Coining money. •Establishing a navy. •Declaring war. •Regulating interstate commerce. •Implied powers: Powers beyond those enumerated in the Constitution; implied powers are powers deemed "necessary and proper" to execute the enumerated powers of the national government. •Broad discretionary powers to carry out enumerated powers. •States also enjoy powers that are specifically their own: •Conducting elections. •Selecting electors to the Electoral College. •Establishing voter qualifications. •Approving constitutional amendments. •Concurrent powers: Powers that are shared by the national government and the state governments. •Taxation and spending. •Establishing courts. •Chartering banks.

State-Local Power •Federal-state conflict mirrored in state-local. •Texans prefer local government. •Dillon's Rule. •Home rule city.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. •The federal-state conflict is mirrored on the state-local level. •Texans, used to a bare-bones government, prefer local forms to invasive state and federal forms. •Dillon's Rule: The principle that all local governments are creations of state governments and have only those powers granted to them by the state. •Suggests unitary relationship. •Home rule city: A city given greater latitude in deciding the organization and functioning of its government. •Conflict was illustrated by the confusion and backlash associated with COVID-19 regulations.

•Unitary system. •Confederal system. •Federalism. •Preventing tyranny worth inefficiencies.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. •Unitary system: A type of government in which a central government holds all the power. •Most world governments adopt this strategy. •Confederal system: A type of government in which the lower units of government retain decision-making authority. •Initial attempt at confederal system produced an impotent confederation, causing the adoption of a federalist form of government. •Federalism: A form of government in which power is shared between the levels of government; in the United States, between the national and state governments. •Prevents imposition of one-size-fits-all national provisions that may be unreasonable in a particular area. •Allows experimentation with new policies and flexibility on the state level. •Checking tyranny seen as more important than eliminating inefficiencies and redundancies.

Vertical Federalism •Vertical federalism. •Supremacy clause. •Reserved powers. •Understanding of national-state divide varies.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. •Vertical federalism: The distribution of power between the national government and state governments. •Highly contested for much of history. •Supremacy clause: The section in the US Constitution that guarantees that the national government is the supreme law of the land and that national laws and the national constitution supersede state laws and state constitutions. •Reserved powers: The Tenth Amendment provision that all powers not delegated to the national government belong to the states. •May generate opposing views of the division of powers between national and state government.

The Evolving Idea of Federalism •Fiscal federalism.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. • •Fiscal federalism: Use of national financial incentives to encourage state and local governments to adopt specific policies. •Categorical grant: Money given by the national government to states and local governments that must be spent for specific activities. •Block grant: Money given by the national government to state and local governments for a broad purpose; comes with fewer restrictions on how the money is spent. •Unfunded mandate: Legislation passed by the national government that imposes requirements on state and local governments without providing the funds required to enact the legislation. •Debate over appropriate division of power has intensified in the last decade. •This debate is often at its most heated in individualist states like Texas. •Debate is often centered on the nationalization of health care.

Horizontal Federalism •Horizontal federalism. •Privileges and immunities. •Full faith and credit clause. •Extradition.

2-2 Define federalism and discuss the difficulties in sharing power between the state and national government. • •Horizontal federalism: Refers to the relationship between the states. •States have certain obligations to other states. •Privileges and immunities: The constitutional requirement that states may not treat citizens of other states fundamentally differently than their own citizens. •Facilitates interstate travel. •Prohibits nonresidents from voting. •Allows discrimination between residents and nonresidents for the purpose of state-subsidized benefits. •Full faith and credit clause: The constitutional requirement that court judgments or legal contracts entered into in one state will be honored by all other states. •Extradition: The constitutional requirement that a state deliver someone suspected or convicted of a crime in another state back to the state where the crime allegedly occurred, so the accused can face trial or sentencing.

Statehood: The Constitution of 1845 •Changes to new constitution. •Provisions enforced inequality. •Secessionist movements followed Lincoln's election. •A divided Texas chose secession.

2-3 Identify Spanish and Mexican influences on the current constitution. •Changes to the new constitution: •Extended legislative term to two years for House and four years for Texas Senate. •Biennial (every other year) meeting. •Governor's term shortened to two years, with no more than four years of service in any six-year period. •Governor's appointment power expanded. •Prohibits imprisonment for debt. •Bill of rights moved to beginning of constitution. •Provisions that enforced inequality: •Slavery was upheld. •Legislature could not free slaves without compensating the owners. •Voting rights not extended to women or nonwhite men, although many debated whether Native Americans and native Mexicans were considered white. •After Lincoln's election, secessionist movements erupted in southern states. •Angelina County was the only county in East Texas that opposed secession, backed by Governor Sam Houston and his supporters (often Germans who were morally opposed to slavery) in North and Central Texas. •Nonetheless, Texas successfully voted to secede and join the Confederate States of America.

•Texas part of Spanish Empire. •Persistence of Spanish laws. •Unicameral legislature under Spanish rule. •Texans felt unheard in Mexico.

2-3 Identify Spanish and Mexican influences on the current constitution. •For nearly three centuries, Texas was part of the Spanish Empire with a sparse population and no written constitution. •Many Spanish laws were enforced and persisted up to modern times: •Property rights for women. •Holding property. •Entitlement to half of marital property. •Managing their own financial affairs. •Protection of a debtor's home and farming equipment from repossession. •Initially, the 1827 Constitution of Coahuila y Tejas divided the state into three districts and created a unicameral legislature. •Texans felt their voices were limited in Mexico. •Resented use of Spanish as official language and Catholic state religion.

The Republic of Texas: The Constitution of 1836 •Iconic part of Texas mythology. •Laws influenced by US Constitution. •Freedmen prohibited from residence. •Slavery implicitly permitted.

2-3 Identify Spanish and Mexican influences on the current constitution. •Iconic in the mythology of Texas. •Laws influenced by the US Constitution: •Brief and flexible. •Three branches of government. •Checks and balances. •Presidents elected for three-year terms, prohibited from serving terms consecutively, and appointed commander in chief of Texas military. •Bicameral legislature made of one-year term House members and three-year term Senators. •Analogue to Bill of Rights. •Free persons of color were prohibited from residence without permission from the legislature. •Immigrants permitted to bring slaves. •Slave owners prohibited from freeing slaves without the legislature's consent. •Stopped short of explicitly permitting the slave trade.

The Second Reconstruction: The Constitution of 1869 •Reconstruction Act requirements. •Disenfranchised Confederate sympathizers. •New provisions unappealing to Texans. •Texas doubted legitimacy of government.

2-3 Identify Spanish and Mexican influences on the current constitution. •Reconstruction Acts: divided the South into military districts and assigned military leaders. •Texans required to write a new constitution that acknowledged African Americans' full political rights. •Also required to ratify the Thirteenth and Fourteenth Amendments in order to end military rule. •Radical Republicans prohibited ex-Confederates and those who held office in Confederate states from acting as delegates or voting on the new constitution (a total of six were thus eligible to participate). •Many provisions out of step with Texan preferences. •Centralized power at the state level, including broad gubernatorial appointment rights for Supreme and district court justices, the attorney general, and the secretary of state. •Salary of governor was increased. •Line-item veto was retained. •Adopted more social services and corresponding tax policies, widely disliked by opposing Democrats. •Slavery and peonage were outlawed. •Texans doubted the legitimacy of the new constitution and governor given their lack of participation in the election process; new Republican governor E.J. Davis became one of the most controversial governors in state history. •As soon as Confederate sympathizers could again vote, Democrats regained political office and ousted most Democrats.

Immigration Rights •Texas's complaints about Mexico. •Mexico's crackdown on immigration. •Anglos couldn't understand Spanish laws. •Texas constitutions inclusive of noncitizens.

2-3 Identify Spanish and Mexican influences on the current constitution. •Texas had a series of complaints about Mexico including: •Unfair judiciary. •Inadequate representation. •Imposition of state religion. •Immigration issues. •When Anglos began to outnumber Tejanos, Mexico cracked down on immigration. •Americans continued to enter Texas illegally. •Anglos did not understand the laws written in Spanish. •After they founded their own Republic, they ensured laws were inclusive of other languages. •Originally, Texas constitutions were designed to ensure future immigrants could become citizens and, even as noncitizens, participate in government. •This ended by a slim majority (52 percent in favor) in 1921, after which only citizens were permitted to vote.

The First Reconstruction: The Constitution of 1866 •Provisional governor redrafted 1845 constitution. •Must swear allegiance to elect. •Requirements for readmission. •Granted abolition, reserving voting rights.

2-3 Identify Spanish and Mexican influences on the current constitution. •The redrafted constitution post-Civil War was organized by provisional governor A.J. Hamilton, with all adult white males eligible to elect delegates provided they swore an oath of allegiance to the United States of America. •Again, took a revision approach based on the 1845 statehood constitution. •United States required seceding states pursuing readmission to: •Renounce secession. •Abolish slavery. •Repudiate all debts associated with the Civil War. •This draft of the constitution reluctantly acknowledged abolition but did not grant voting rights. •Other provisions expressly prohibited African Americans from holding office.

The Republic of Texas: The Constitution of 1836 •Priests couldn't hold office. •Slave population exploded. •Annexation seemed inevitable. •Texas Republic short-lived and unproductive.

2-3 Identify Spanish and Mexican influences on the current constitution. •The republic's constitution prohibited priests from holding office. •Slave population exploded as annexation to the United States began to seem inevitable. •Although Texans speak fondly of their time as an independent republic, Texas was relatively short-lived, poor, and unproductive—although unique. •Much of its independence was spent seeking recognition internationally while still convincing the US annexation was mutually beneficial. •Britain favored an independent Texas to compete with America's cotton prices. •Sam Houston played British interests against American distrust of the British to entice the United States to annex the Republic of Texas. •Texan exceptionalism nonetheless remains a Texas tradition.

The First Reconstruction: The Constitution of 1866 •Changes to governorship. •Acquiring property's mineral rights. •Short-lived iteration. Southern states punished by Republicans.

2-3 Identify Spanish and Mexican influences on the current constitution. • •Changes to the scope of governorship: •Previously appointed positions (including attorney general and state-level judges) would instead be elected. •Term extended to four years, with no governor serving more than eight years in a 12-year period. •Line-item veto power for appropriations bill. •Also included a clause making it legal for individuals to acquire mineral rights of property. •This constitution was short-lived and Southern states were punished by the Radical Republicans that had since dominated the government.

The Texas Judiciary •Types of low courts. •Types of high courts. •Other courts "provided by law." •All judges typically elected.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •Consists of county courts, commissioners courts, justice of the peace (JP) courts, district courts, and appellate courts. •As well as "such other courts as may be provided by law." •High courts: Supreme Court of Texas (final civil appeals) and Court of Criminal Appeals (final criminal appeals). •All state judges elected, though governors could appoint individuals to fill judicial vacancies.

The Legislative Branch •Designed for part-time legislature. •Salary modest (Texas Ethics Commission). •Much of Constitution polices legislators.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •Designed for a part-time citizen legislature. •Until 1991, salary was also modest. •The Texas Ethics Commission (TEC) was then founded to set legislative salaries subject to voter approval (currently, $7200 annually plus a per diem for days the legislature is in session). •Much of the Texas Constitution comprises things the legislature is specifically prohibited from doing. •What kind of taxes the legislature may or may not levy. •Main goal to expressly limit the government, rather than to create a broad governing mandate.

•Popular sovereignty. •Separation of powers.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •Popular sovereignty: A government in which the power to govern is derived from the will of the people. •Separation of powers: Placing different powers into three branches of government so that no one branch is too powerful. •Executive authority is divided among a plural executive. •Checks and balances: System that gives one branch of government a corresponding safeguard on a power given to another branch, to build on the separation of powers.

•"Redeemer" constitution corrected Second Reconstruction. •1869 constitution widely hated. •Agrarian interests heavily represented.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •The "Redeemer" constitution, as it is often known, sought to wash away the perceived sins of the Second Reconstruction. •Resentment toward northerners and Republicans was considerable. •Republicans would not hold office consistently in Texas for another century. •Maintained the independent bent of Texas political thought, as well as the deep-seated distrust of government. •1869 Constitution was hated: •Represented frustrations of losing the Civil War. •Consolidated power away from local governments. •As a result, the 1876 constitution was explicit on what the government could and could not do. •Delegates were largely farmers and close to half were members of the Grange, who specifically sought to: •Limit the power of the railroads who delivered their crops and livestock to market. •Davis's rule permitted expansion and increased rail rates. •Impede big business they felt untrustworthy. •Protected individual rights at the expense of businesses.

The Executive Branch •Governor position hobbled by Democrats. •Elements of the plural executive. •Previously appointed offices now elected. •Term length and limits adjusted.

2-4 Explain how Texas's current constitution reflects the preferences of Texans today. •The governor position, responsible for the rapid Republican centralization, disenfranchisement of Confederate supporters, and enfranchisement of newly freed slaves, bore the brunt of Texas's aggression when Democrats regained control. •The elements of the plural executive of Texas: •Governor. •Lieutenant governor. •Secretary of state. •Comptroller. •Land commissioner. •Attorney general. •Offices previously appointed were now elected, limiting governor power even farther. •Term of office was shortened (two years), salary decreased, and a strict two term limit was imposed. •Later amendments increased the term to four years and removed limits.

Amending the Constitution •Two-thirds majority in both houses. •Published twice in major news. •Posted in each county courthouse. Approved by simple majority.

2-5 Evaluate problems with the current Texas Constitution. •Both houses must approve proposed amendments by two-thirds vote. •Amendment must be published twice in major newspapers and posted in each county courthouse 30 days prior to Election Day. •Must be approved by simple majority. •Texas Constitution, one of the most frequently amended state constitutions. •Most are placed on ballot in odd years or special elections, hampering turnout. •Even when amendment is popular or controversial.

Constitutional Revision •Many wish to replace constitution. •Early 1970s revision failed to pass. •1998 Ratliff-Junell proposal rejected. •Voter fatigue and special interests.

2-5 Evaluate problems with the current Texas Constitution. •Current constitution has been thoroughly criticized and marked for recall. •In the early 1970s, there was the most thorough revision to the 1876 version to date: •Annual legislative sessions. •Increased power for governor. •Creation of single high court. •Changing judiciary selection. •Nonetheless, this popular and well-drafted measure failed to pass with the needed two-thirds vote in the legislature. •1998's Ratliff-Junell proposal: •Reduced length of document like prior attempt. •Increased length of legislator terms but imposed term limits. •Created a governor-appointed salary commission without the need for voter approval. •Reorganized judiciary into single high court staffed by gubernatorial appointees (without voter approval) and then followed by a retention election. •Cost of frequent elections is manifested in voter fatigue and special interests pushing unnecessary amendments. •Both proposals were rejected, resulting in reversion to a detailed and contradictory document over 92,000 words in length.

•Out-of-date: from time of cowboys. •Changes in Texas: demographic, economic. •Limits government to special interests. Judges seek reelection.

2-5 Evaluate problems with the current Texas Constitution. •Written in the era of cowboys and cattle drives, when the modern era shows a more diverse, technologically advanced, and large population. •Demographic changes: •Hispanic population increasing significantly. •African American population declining. •Asian immigration a growing presence. •Economic changes: •Previously agrarian. •Now diverse and technologically advanced. •Currently reflects a desire to wipe away Reconstruction rather than to write a long-lasting constitution—some, for this reason, find it excessively detailed. •Results in the second-longest United States constitution, which is disorganized and unwieldy. •Constitution severely limits the government as average Texans cannot afford to become a legislator. •Limits legislation to the wealthy and big business. •Texan judges must engage in a costly battle for reelection each term, creating a climate of mistrust and excessive financial influence.

•Civil liberties. •Bill of rights since 1845. •Required belief in "Supreme Being." May not suspend habeas corpus.

2-6 Assess the progress Texas has made toward the realization of civil rights. •Civil liberties: Individual freedoms guaranteed in the constitution on which the government must not infringe. •Bill of Rights has been guaranteed to Texans as the first item on the constitution since 1845. •Requiring belief in a "Supreme Being" is not enforceable under US Constitution, but provision remains in the Texas version. •Also, prohibits public money and lands from being used for the benefit of any religious organization. •Texas may never suspend habeas corpus as Lincoln did during the war.

Civil Rights in Texas •Civil rights. •Black codes. •Apprenticeship laws. •Peonage.

2-6 Assess the progress Texas has made toward the realization of civil rights. •Civil rights: Rights that guarantee citizens equal opportunity and protection; government must act to safeguard these rights by ensuring all citizens equal treatment before the law. •As soon as slavery was abolished, Texas went to work devising new ways to disenfranchise minorities. •Black codes: Laws passed by southern states to limit the freedom of African Americans after the Civil War; these laws affected every part of the lives of African Americans, regulating everything from whom they could marry to the conditions under which they could work, attend school, and even vote. •Black codes could be (and were) quickly enacted to dominate black and often Hispanic lives. •Many Texans devised new ways to continue slavery: •Apprenticeship laws: Laws that allowed minors to enter into a binding contract for an unpaid apprenticeship. •Peonage: Laws that allowed debts to be paid with labor; debts were often "created" by arresting individuals for vagrancy. •Through these majors, young men of color could be taken to a farm to work abruptly and without pay.

Civil Rights in Texas •Education causes central. •NAACP landmark court cases. •Texan resistance of desegregation. •Texas schools more segregated now.

2-6 Assess the progress Texas has made toward the realization of civil rights. • •Education centered the movement, but the Texan economy saw universal education as excessive: •White landowners resented paying for African American education. •Farmers favored highly localized control. •Thus, 1876 constitution ended compulsory education until 1915. •National Association for the Advancement of Colored People (NAACP) fought attempts to legalize discrimination, often through voting rights and segregation laws. •Plessy v. Ferguson. •Sweatt v. Painter. •Brown v. The Board of Education of Topeka. •Texans resisted the desegregation demanded by Brown v. Board until United States v. Texas forced rapid integration in 1971. •Ironically, many Texan schools are more segregated than ever before.

Civil Rights in Texas •Prejudice against Hispanic people. •Women's rights in Texas. •Modern focus on LGBTQ rights. •Texas doesn't prohibit gender/orientation discrimination.

2-6 Assess the progress Texas has made toward the realization of civil rights. • •Persistent effects of segregation include the exclusion of Hispanics from the "whites" category, neglecting their contribution to Texas history. •In Hernandez v. Texas, the state court concluded Hispanics also had equal protection under the Fourteenth Amendment. •Due to Spanish influences, women in Texas fared somewhat better than elsewhere. •In 1972, a state equivalent of the Equal Rights Amendment was passed for the Texas constitution, but not the US Constitution. •Many modern civil rights issues are focused on LGBTQ rights. •Many oppose criminalizing discrimination against these communities. •In US Supreme Court case Lawrence v. Texas, ruling said outlawing homosexual intercourse violate privacy rights. •Obergefell v. Hodges in 2015 legalized same-sex marriages federally. •Texas itself does not prohibit discrimination based on sexual orientation and gender identity.

Civil Rights in Texas •Voter suppression of nonwhites. •Poll taxes. •Whites-only primaries. •Intimidation and violence.

2-6 Assess the progress Texas has made toward the realization of civil rights. • •Voter suppression in Texas mirrored that of other southern states, and in addition often targeted Hispanics as well as African Americans: •Poll tax to disenfranchise African Americans was rejected as it would disenfranchise poor whites as well. •Whites-only primaries, particularly for the Democrats that held a virtual monopoly on statewide offices. •Intimidation and violence from local groups, often including law enforcement.

•Unyielding fundamental laws govern Texas. •Current constitution limits power and turnout. •Legislative structure favors business interests. •Judicial elections often unfair.

2-7 Analyze the extent to which Texas's current constitution is consistent with Texan values. •Distrust of government and resistance to change result in an unyielding fundamental law. •Proves a challenge for a state in flux. •Current constitution, as a retaliatory and protective measure against Reconstructionist interventions, critically limits state power. •Long ballots can be overwhelming and negative impact voter choice. •Legislative structure is unfriendly to average citizens seeking political voice, favoring instead the wealthy and those funded by special interests. •Judicial elections contribute to the overwhelming environment and risk involving special interests as well, because with most citizens paying little attention to judicial elections, significant cash outlay is required to successfully obtain a position.

•Senate leader: lieutenant governor. •House leader: Speaker of the House. •Dennis Bonnen, single-term Speaker.

3-1: Describe the form and function of the Texas Legislature. • •Introduction •Key leader of Texas Senate is the elected lieutenant governor. •The Speaker of the House presides over the Texas House of Representatives, chosen by the House. •Often unanimously or nearly so. •Speakers were previously elected for only a single session, but by the mid-1970s they were routinely being reelected across multiple sessions. •Gave the Speaker additional power. •Dennis Bonnen, the most recent Speaker of the House, is a one-term Speaker. •Won unanimously in 2019. •His course satisfied conservative Republicans inside and outside the legislature. •However, his agenda was to ensure the most conservative wing of the party dominated the 2020 elections. •This included discussions with Empower Texas, a conservative interest group with a heavy focus on social conservative issues. •In July of 2019, recordings of a meeting several weeks earlier between Bonnen and Empower Texas's chief, Michael Quinn Sullivan, surfaced. •Bonnen offered Sullivan credentials for access to the House chamber in exchange for Empower Texas putting campaign funding and other supports toward unseating ten moderate Republicans in the House •While Bonnen maintained he had committed no crime, this was considered a serious ethical violation and—as the whole recording revealed Bonnen making personal attacks against both Democrats and fellow Republicans—cemented the public opinion. •While the legislature concluded he had likely broken ethics laws, they declined to pursue the matter. •Bonnen resigned from the Republican Party Caucus in the House of Representatives, did not seek reelection as Speaker, and ultimately did not seek reelection for his House seat.

Legislative Sessions: Regular Session •Biennial sessions. •140 days long. •High workload. •Change from biennial model.

3-1: Describe the form and function of the Texas Legislature. • •Legislative Sessions •Texas legislature, like just three other states, meets biennially rather than annually. •Regular Session •One hundred and forty days in length, which is one of the longest sessions in the country. •Other states, often large-population states, do not limit the length of sessions at all. •The length and frequency of legislative sessions shapes how legislatures go about their work. •Meeting biennially, Texas Legislature faces a tremendous amount of work through budget, interim gubernatorial appointments, and laws for the next two years. •Some believe adjustment to an annual model would benefit the state, feeling the biennial model is obsolete in the 20th century. •Advocates of the biennial session believe that limiting the legislature's sessions limits its ability to interfere in the lives of citizens—and forces them to experience as citizens the laws they pass.

Legislative Sessions: Rights and Privileges •Legislative immunity. •Protects legislators from interference. •Protected to best represent constituency.

3-1: Describe the form and function of the Texas Legislature. • •Legislative immunity: The protection from arrest that legislators receive to ensure that state and local officials cannot interfere with legislators' efforts to represent their constituents. •Protecting what legislators say during debates ensures that they remain free to say everything they need to.

Size of the Legislature •31 Texas senators. •150 Texas House representatives. •House numbers legally capped. •Low ratio of representatives.

3-1: Describe the form and function of the Texas Legislature. • •Size of the legislature •Each of the 49 states in the United States with a bicameral state legislature has an upper house that is smaller than the lower house. •Sizes of state legislatures vary by need. •The Texas Constitution sets the size of the Texas Senate at 31 members. •Legislature has increased the size of the Texas House with population growth, which was permanently set to 150 in 1999. •One of the most interesting differences is the relationship between the number of citizens and the number of legislators. •Texas has the 11th largest legislature and the second-largest population. •Each member represents an average of almost 156,000 people. •Each of the Texas Senate's 31 members represents about 913,000 people. •In the Texas House of Representatives, the ratio is about 189,000 per member. •Only California has fewer state representatives per person than Texas.

Legislative Sessions: Special Sessions •Special session. •Called after unexpected events. •Only called by governor.

3-1: Describe the form and function of the Texas Legislature. • •Special Sessions •Special session: A meeting of a legislature that occurs outside the regular legislative session; in Texas, special sessions are called by the governor and last up to 30 days. •Special sessions of the legislature may occur after an unexpected event or to complete work on important legislation that did not pass during the regular session. •In Texas and 14 other states, only the governor can call a special session.

•Resembles US Congress. •Bicameral structure. Bicameral legislature protects minority.

3-1: Describe the form and function of the Texas Legislature. • •The Texas Legislature in Context •Usually referred to as the Texas Legislature, or in Texas as simply the legislature. •Resembles the United States Congress. •Bicameral: A legislature that consists of two separate chambers or houses. •House of Representatives and Senate. •Consideration of the House as the "lower" chamber and Senate as the "higher" chamber fuels a rivalry. •The purpose of a bicameral legislature is to divide its power and protect liberty from passionate majority rule. •While all federal systems in the world have bicameral national legislatures, many have unicameral state or regional legislatures.

Legislative Sessions: Special Sessions •Supermajority. •Texas special sessions are 30 days. •Governor dictates agenda. May call unlimited special sessions.

3-1: Describe the form and function of the Texas Legislature. • •Twenty states allow a special session to be initiated by a supermajority of votes. •Supermajority: A majority that is larger than a simple majority of 50 percent plus one; supermajorities include requirements of 60 percent, two-thirds, three-fourths, or 80 percent to make a decision. •Some states may allow presiding officers of each chamber to call the legislature into special session. •Seven states allow legislature to call itself into session with a simple majority. •One state (Maine) requires consent of a majority of each political party in each chamber. •In most states, there is no limit to the length or number of special sessions. •However, in Texas special sessions are limited to 30 days. •The governor, however, can dictate the agenda and call as many special sessions as they like if they are unsatisfied with the outcome; they have stymied filibusters in this way.

•Citizen legislature. •Professional legislature. •Hybrid legislature. •Other benefits.

3-2: Identify the different types of state legislatures and their advantages. • •Citizen legislature: A legislature that attempts to keep the role of a state legislator to a part-time function so that many or most citizens can perform it; normally, a citizen legislator is provided minimal compensation, offered few staffing resources, and has short or infrequent legislative sessions. •Expected work time of just over 20 hours a week. •Compensation averages just $18,449 annually. •In some cases, this is barely sufficient to cover expenses. •Professional legislature: A legislature that meets annually, often for nine months of the year or more; a professional legislator is provided a professional-level salary and generous allowances to hire and keep support and research staffs. •Compensation averages $82,358 annually. •This includes higher office allowances that permit the maintenance of extensive staffs including secretarial support and researchers. •There are also hybrid legislatures, which demand more of a legislator's time and have more extensive staff support than a traditional citizen legislature, but less time and support than a professional legislature. In Texas: •Less time in session. •Budget less than half of a professional legislature. •Legislators receive some compensation; about $41,110 on average for hybrid legislatures. •Texas legislators earned a total of $38,140 for 2019 because they were in session 140 days. •They also receive reimbursement for travel and coverage under the state health insurance plan. •Legislators who do not ordinarily reside in Austin may use political contributions to pay "reasonable household expenses in Austin." •Members of the Texas Senate receive an allowance of $38,000 per month to pay for the costs of maintaining offices in Austin and in their district. •On average, members keep six staffers employed year-round. •Members of the Texas House of Representatives receive $13,250 per month for staff support, enough to provide each representative an average staff size of three persons. •Texas Legislature has a low comparative salary, but one of the most generous retirement plans among the 50 state legislatures. •While some members may have generous benefits awaiting them when they retire, the low level of pay does ensure that most legislators will need to make money during their legislative careers.

•House age/residency requirements. •Senate age/residency requirements. •Term lengths. •Redistricting.

3-3: Describe the qualifications and length of terms for members of the Texas Legislature. • •Qualifications for Office and Length of Terms •Members of the House: •At least 21 years of age. •Resident of Texas for two years. •Resident of the district for one year prior to the election. •Members of the Senate: •At least 26 years of age. •Most are significantly older; in 2019, the youngest Senator was 49. •Resident of Texas for five years. •Resident of the district for one year prior to the election. •Like other legislatures, the Texas Legislature has the right to refuse to seat a winning candidate. •May decide whether an election is valid. •These refusals are rare. •Term lengths: •House members serve two years. •Texas senators are elected every four years, but the elections are staggered so that one-half of the Texas Senate is chosen every two years. •Redistricting: The periodic adjustment of the lines of electoral district boundaries. •After the US Census data are released and the redistricting process to adjust election districts for the legislature is completed, the entire Texas Senate is elected at the next election. •Thereafter, who is in each reelection group is determined by lottery.

•Term limit. •Turnover. •Limits prevent "career politicians." •Incumbency rates dropping.

3-3: Describe the qualifications and length of terms for members of the Texas Legislature. • •Term limit: A legal limitation on the number of terms an elected official may serve in office. •Texas does not have term limits. •Proponents of term limits argue that they encourage turnover, preventing politicians from becoming "career politicians" and losing touch with the constituency. •Turnover: When current officeholders step down from office and are replaced by new officeholders; turnover may result from retirement, defeat in an election, or term limits. •Opponents argue that voters should have the ability to retain quality legislators and can vote bad members out at any point. •Also results in loss of experience and institutional knowledge. •Texas's incumbency rates have dropped in recent years. •Usually, Texas senators are equally or more likely to be reelected than their counterparts in the Texas House. •This is a reversal of the United States' reelection trends for House and Senate.

•Representation. •Delegates execute majority wishes. •Trustees act on expertise. •Politicos conform or diverge.

3-4: Explain trends in the demographic makeup of the Texas Legislature. •Representation: Theories and Demographics •Representation: The relationship between an elected official and the electorate. •Delegate: An elected official who acts as an agent of the majority that elected her or him to office and carries out, to the extent possible, the wishes of that majority. •Trustee: An elected official who is entrusted to act in the best interests of the electorate based on his or her knowledge; the representative is understood to be generally better informed than the broader electorate. •Politico: An elected official who is expected to follow the wishes of the electorate on some issues but on others is permitted more decision-making leeway; a hybrid of the trustee and delegate.

Gender and Racial/Ethnic Gaps in Literature •Women underrepresented in legislature. •Legislature is significantly whiter. •African Americans, Tejanos, Asian Americans are underrepresented. Criticism of microcosm theory.

3-4: Explain trends in the demographic makeup of the Texas Legislature. • •After women won the right to vote, some politicians argued that women should find influence by electing "the right man." •According to microcosm theory, women are likely poorly represented—only 23.6% of the Texas Legislature are female though they make up half the population. •Women have historically been underrepresented in both Texas and national politics. •Nonetheless, number of female representatives has grown substantially. •In Texas, women in the legislature have historically been marginalized and disrespected. •The legislature is significantly whiter/more Caucasian than the general population. •In particular, Asian Americans and African Americans are poorly represented. •Although African Americans enjoyed some representation after the Civil War, later disenfranchisement measures prevented African Americans from serving in the legislature until the 1966 election. •In a similar fashion, Tejanos initially held some political power after the Texas Revolution (1835-1836), but these positions soon waned. •While the non-Anglo population of Texas is collectively now a majority, persons of color made up only 36 percent of the Texas Legislature. •Proponents of microcosm theory might argue that distrust of the state government results from the gap between the makeup of the legislature and the population of Texas. •Critics point out that representation is not so much about demographics as it is about shared values and beliefs. •Even if the state legislature matched its citizens in terms of gender, race, and religion, there may be other aspects of our lives that are more important to how Texans want to be represented in Austin.

Microcosm Theory and Demographics •Representative sample. •Legislature represents whole population. •Assumes shared ideology. Texas Legislature is unrepresentative.

3-4: Explain trends in the demographic makeup of the Texas Legislature. • •Microcosm Theory and Demographics •Legislature should look like larger society, with the most perfect representative sample possible. •Microcosm theory holds that, while each individual member cannot truly represent the public at large, collectively the legislature should represent the whole population. •Assumes shared political beliefs and values within a demographic, such as race, socioeconomic status, or gender background. •If the legislature looks like the larger society, citizens may accept its legitimacy and decisions more readily. •Texas Legislature does not mirror the population. Voters have chosen 96% of legislators that have a college degree, although only 29% of Texans themselves hold a degree.

Winners and Losers •Central to Texas representative democracy. •Not a true citizen legislature. •Citizen could become accidental loser.

3-4: Explain trends in the demographic makeup of the Texas Legislature. • •Winners and Losers •The Texas Legislature is the heart of representative democracy in Texas. •In theory, a citizen legislature protects citizen interests over moneyed interest groups. •In Texas, there are several institutional constraints that preclude the establishment of a true citizen legislature. •Legislators must maintain outside sources of income, and individuals with higher levels of education, higher incomes, and more flexible work schedules can more easily serve in the Texas Legislature. •Given the high cost of modern campaigns, legislators also need to be able to set aside time for fundraising as they seek reelection; the average citizen cannot afford to become a legislature. •In this regard, the average citizen may end up an accidental loser in the attempt to have a citizen legislature.

The Redistricting Process •One person, one vote. •Gerrymandering. •Legislative Redistricting Board (LRB). •Nonpartisan/Bipartisan independent commission.

3-5: Discuss how legislative districts are drawn and how the Texas Legislature is elected. •If election district lines for the state legislature did not change as the population grew, then over time some areas would have many more people per representative than others. •Between 1921 and 1951, Texas did not redistrict despite rapid population growth. •Today, redistricting normally occurs every 10 years, after the results of the US Census are provided to the states. •One person, one vote: Shorthand term for the requirement of the US Supreme Court that election districts be roughly equal in population. •Three types of redistricting: •Gerrymandering: The practice of politicians creating oddly shaped electoral districts to maximize their political advantage in an upcoming election. •Legislative Redistricting Board (LRB): Created by a 1948 amendment to the Texas Constitution, this group steps in if the state legislature is unable to pass a redistricting plan or when a state or federal court invalidates a plan submitted by the legislature; the LRB is active only with respect to redistricting of the state legislature. •Nonpartisan or bipartisan independent commission: A system of drawing electoral district lines that attempts to remove politics from the process of redistricting. •In Texas, the House districting process remains under state legislative control. •In some states, a nonpartisan or bipartisan independent commission develops a redistricting plan that the legislature must approve with little or no change to the plan.

Redistricting Games •Highly partisan. •Shift from reelection to party control. •Done by courts during conflict. Majority-minority districts.

3-5: Discuss how legislative districts are drawn and how the Texas Legislature is elected. •Redistricting Games •Redistricting is frequently contentious and highly partisan. •Federal courts have often been called in to manage Texas redistricting due to extreme animus in the legislature. •Texas has even been taken to the Supreme Court over claims that their redistricting is excessively partisan and dilutes minority votes. •Redistricting battles have shifted from the tradition of defending the reelection chances of incumbents of both parties to securing partisan control for the majority party. •In 2011, the Mexican American Legislative Caucus (MALC), consisting of Hispanic Americans in the Texas Legislature, filed challenges to the maps that the legislature approved for itself. •Thus, the federal district court in San Antonio again threw out the districts drawn by the Texas Legislature and drew new lines for the Texas Senate, Texas House of Representatives, and Texas's seats in the US House of Representatives. However, the US Supreme Court blocked use of the districts drawn by the court in San Antonio in order to hear arguments from the state of Texas, represented by Texas attorney general Greg Abbott, on the intent of the legislature during the redistricting

Single-Member District Versus Multimember District •Multimember district. •Candidates from multiple parties may win. •Originally county-based representation. •Could dilute minority votes.

3-5: Discuss how legislative districts are drawn and how the Texas Legislature is elected. •Single-Member District Versus Multimember District •Multimember district (MMD): An election system in which the state is divided into many election districts but each district elects more than one person to the state legislature. •Ten states have this strategy, while four more have a mixture of SMDs and MMDs. •The advantage of the MMD system is that candidates from more than one political party (or faction of a political party) are able to win a seat from the district. •In theory this allows racial and ethnic minorities to elect a representative with their interests in mind, but in Texas it has diluted minority representation and allowed whites to overwhelm the state legislature with their candidates. •The Texas House of Representatives originally elected representatives based on counties, with large counties having more than one member of the Texas House of Representatives. •The impact of these MMDs became important during the civil rights era of the 1960s. •The courts found that the MMD system used for the Texas Legislature appeared to depress representation of African Americans and Hispanics.

•Single-member district (SMD). •Texas Senate has 31 districts. •House has 150 districts. •Just one representative.

3-5: Discuss how legislative districts are drawn and how the Texas Legislature is elected. •Single-member district (SMD): An election system in which the state is divided into many election districts and each district elects just one person to the state legislature. •Texas Senate has 31 districts, while House has 150 districts.

Committees •Formally organized. •Assist legislature. •Divide labor. In-depth review.

3-6: Describe the leadership roles in Texas's legislative organization. •Committee: A formally organized group of legislators that assists the legislature in accomplishing its work, allowing a division of labor and an in-depth review of an issue or a bill before review by the entire chamber.

Committees: Conference Committees •Conference committee. •Includes members of both chambers. •Often includes legislation author/sponsor. •Reconciled version is voted through again.

3-6: Describe the leadership roles in Texas's legislative organization. •Conference Committees •Bills may be passed in different versions in each chamber; both houses must agree to a single version before a bill can go to the governor. •If the bill begins in the House of Representatives and the Senate amends the House version of the bill, then the bill returns to the House as amended by the Senate. •Conference committee: An official legislative work group that meets on a limited basis to reconcile the different versions of a bill that has passed in the Texas House and Senate. •Both chambers must agree to form the conference committee, which contains 10 members (5 from each chamber). •Normally, some of the members of the standing committees who played important roles in developing the legislation serve on the conference committee that reconciles the different versions. •If the reconciled version passes both houses of the legislature, the bill is sent to the governor to sign. •While the conference committee process used by the Texas Legislature mirrors the process of the US Congress, other bicameral legislatures in the world do not use such a process.

Presiding Officers: Lieutenant Governor •Lieutenant governor. •Powerful in the South. •President pro tempore. •Legislative Budget Board (LBB).

3-6: Describe the leadership roles in Texas's legislative organization. •Lieutenant Governor •Lieutenant governor: The presiding officer of the Texas Senate, elected directly by the voters; also serves as a member of the Texas executive branch and assumes the duties of the governor when the governor is out of state, dies in office, resigns from office, or is impeached. •This presiding officer arrangement is the most common organization in US state legislatures. •In the South, including in Texas, lieutenant governors are unusually powerful. •If the lieutenant governor's position is vacant, a senator is elected to fill the lieutenant governor role. •President pro tempore: A presiding officer elected by the members of the Texas Senate; takes over when the lieutenant governor is unavailable. •In Texas, the lieutenant governor assigns each bill introduced in the Senate to one of the committees; recognizes speakers during floor debates and interprets debate rules; appoints committee members and chairs; and breaks ties in the Texas Senate. •Legislative Budget Board (LBB): The group that develops a proposed state budget for legislative consideration. •Lieutenant governors serve on both the LRB and the LBB. •The lieutenant governor's election by the voters of Texas in a statewide election gives the position tremendous political clout beyond the power granted by Senate rules. •Legislation that the lieutenant governor supports will be assumed to reflect the will of the people of Texas.

Political Parties in the Texas Legislature •Party legislative caucus. •Party caucus chair. •Floor leader. •Conduct research on pending legislation.

3-6: Describe the leadership roles in Texas's legislative organization. •Political Parties in the Texas Legislature •Parties may provide an organizational basis for legislatures by lining up support for or opposition to bills along ideological divides. •Party legislative caucus: The organization of the members of a specific legislative chamber who belong to the same political party; normally shortened to party caucus. •Members must pay dues to join. •These groups were slow to organize in Texas, as elsewhere in the South, until a growing number of Republicans spurred Democratic members to organize and discipline party members. •Republicans initially resisted forming party caucuses in the legislature, in part because they feared focusing on party differences would isolate Republicans and limit their influence. •Due to the power of the Speaker and lieutenant governor, Republicans had an incentive to maintain a degree of bipartisan support for the presiding officers in each chamber of the legislature: they could be rewarded for loyalty to presiding officers, including Democratic ones. •Beginning in 2003, Republicans, winning control over the legislature, launched a series of debates and fights within the party over just how much power they should share with the now-minority Democratic members. •Republicans had pledged to reduce the size of government and cut taxes, which meant compromise was nearly impossible. •Formation of party caucuses in the Texas Senate occurred much later than in the Texas House of Representatives, in part due to the small size of the Senate. •Today, both parties have caucuses in both houses of the legislature. •Facilitates communication about bills and amendments, as well as fundraising. •Party caucus chair: A party leader whose main job is to organize party members to vote for legislation on the floor. •Floor leader: A party member who reminds legislators of the party's position on a bill and encourages members to vote with the rest of the party caucus; the floor leader is assisted by one or more deputy floor leaders. •Deputy floor leaders assist the floor leader. •Technology has become increasingly important to caucus communication. •Party caucuses conduct research on pending legislation and help draft amendments to bills.

Committees: Select or Special Committees •Select or special committee. •Temporary duration. •Similar power to standing committees. •Work may be interim.

3-6: Describe the leadership roles in Texas's legislative organization. •Select or Special Committees •Select or special committee: A legislative work group created by the lieutenant governor or Speaker of the Texas House of Representatives for a specific purpose; called a joint committee when the lieutenant governor and Speaker create a select committee with members from both chambers. •The rules give these special committees the same kind of powers given a standing committee except as limited by the charge of the presiding officer that created them. •Temporary in duration. •Some of the work of both standing and select or special committees is done between legislative sessions ("interim"). This is especially important for highly complex issues and intersession crises.

Presiding Officers: Speaker of the House •Speaker of the House. •Powerful; elected by members. •Presides over the House floor. •Serves on LRB and LBB.

3-6: Describe the leadership roles in Texas's legislative organization. •Speaker of the House •Speaker of the House: The presiding officer of the Texas House of Representatives. •Has become one of the most important elected officials in Texas. •The Texas Constitution requires that the Texas House elect a Speaker from among its members as the first order of business at the beginning of the legislative session. •For decades, this election has been bipartisan, with candidates courting both Republicans and Democrats. •The Speaker presides over debates on the floor of the House; recognizes members or introduces motions; interprets House rules; and appoints half of standing committee members, standing committee chairs, and conference committee members. •The Speaker is empowered to alter committee structure and which bills the committee receives, as well as appoint interim committees while the legislature is not in session. •The Speaker also serves on the LRB and appoints some of the members of the LBB, which he or she also co-chairs with the lieutenant governor. •The Speaker also serves on the Legislative Council, the legislative agency that assists legislators with bill drafting, computer resources, and policy research. •However, in Texas the Speaker has less power over standing committees than Speakers in other Southern states.

Special Legislative Caucuses •Special legislative caucus. •Minority and women's caucuses. •Ideological caucus. •Issue caucus.

3-6: Describe the leadership roles in Texas's legislative organization. •Special Legislative Caucuses •Special legislative caucus: An organization of members of the state legislature who share a common interest or have constituencies with a common interest. •May include either or both chambers of the legislature. •There are roughly 30 caucuses operating in the Texas Legislature. •Minority and women's caucuses: Special legislative caucuses in the state legislature that represent the unique concerns and beliefs of women and ethnic groups across a broad range of policy issues. •These groups often assist in developing new bills or building support for bills they believe important. •Recently, LGBTQIA persons in the Texas Legislature and their supporters formed a caucus to promote issues important to the LGBTQIA community. •Ideological caucus: A special legislative caucus in the state legislature that promotes an ideological agenda. •Often, these represent schools of thought such as conservatism or progressivism. •Issue caucus: A special legislative caucus in the state legislature that promotes bipartisan and cross-chamber support for policies and bills advocating positions inside a relatively narrow range of policy areas or political issues. •In contrast to political party caucuses, the special legislative caucuses lack a formal role in the legislative process. •No control over committee appointments or chamber leadership. •Influence of a special caucus varies tremendously by the type of special caucus, degree of organization, and issues addressed by the caucus.

Committees: Standing Committee Organization and Functions •Source of minority power. •Amendment. •Markup. Oversight.

3-6: Describe the leadership roles in Texas's legislative organization. •Standing Committee Organization and Functions •Committee chairs have a significant amount of power, so sharing chairs with the minority party (typically Democrats) is important to minority power. •Presiding over the committee includes the power to determine the order in which bills sent to the committee are considered; this allows bills the chair supports to be moved to the top of the agenda and bills the chair opposes to be pushed so far down that they cannot be covered during a session. •Amendment: A formal change to a bill made during the committee process or during floor debate in front of the whole chamber. •Markup: Process whereby a committee goes line by line through a bill to make changes without formal amendments. •Because a committee is not required to report every bill to the whole chamber, committees often kill a bill through inaction; this ability is common in the United States but unusual internationally. •Oversight: The process whereby the legislature reviews policies and decisions of the executive branch to make sure the executive branch is following the intentions of the legislature. •New administrative regulations are also subject to review by standing committees. •However, they cannot effect changes in new regulations and can only issue advisory opinions—which are nonetheless taken seriously by the executive branch. •The work of standing committees is enhanced by the research and writing of the committees' professional staffs of up to six people. •There are also staff organizations available to all members of the legislature, including research organizations and reference libraries. •Standing committees can create subcommittees in order to provide greater efficiency and division of labor. •Standing committees may receive "homework" between sessions, which is often the source of interim committee appointments.

Committees: Standing Committees •Standing committee. •Substantive standing committee. •Procedural standing committee. •Appointments are increasingly partisan.

3-6: Describe the leadership roles in Texas's legislative organization. •Standing Committees •Standing committee: A permanent, chamber-specific formal work group that typically exists across sessions and across elections. •Standing committees are the most important in the Texas Legislature. •They are officially recreated at the beginning of each session but considered permanent committees as they are written into the rules and exist across sessions. •They are unique to one of the two chambers. •Substantive standing committee: A type of standing committee that is authorized to review and revise proposed policy bills and resolutions before action by the legislature. •These committees are functionally divided according to subject, such as transportation or higher education. •Procedural standing committee: A type of standing committee that controls how the legislature functions. •Legislators are rightfully concerned about their committee assignments; each House member sits on 2-3 standing committees, while Senate members typically sit on at least 4. •Appointment process varies: In the Senate, the lieutenant governor appoints all members; in the house, the Speaker appoints half and the reset are appointed according to seniority. •For much of the legislature's history, committee appointments were made with little regard for party; however, in the 1990s committee assignments began to shift toward the more partisan model of the US Congress.

Committees: Statutory Committees •Mandated by state law. •Includes LBB and Legislative Audit Committee. •LBB monitors budget implementation. •Audit committee appoints state auditor.

3-6: Describe the leadership roles in Texas's legislative organization. •Statutory Committees •These committees are mandated by state law. •Includes the LBB and the Legislative Audit Committee. •Between legislative sessions, the LBB works with the governor to monitor implementation of the state budget and make recommendations to state agencies about their spending. •The Legislative Audit Committee consists of the lieutenant governor, the Speaker of the Texas House, the chairs of the budget and finance standing committees from each chamber, and at least one other senator. •This committee oversees the State Auditor's Office and hires the auditor.

Winners and Losers •Committees are powerful. •Reinforce power structures. •Increasing partisanship. •Minority party is weak.

3-6: Describe the leadership roles in Texas's legislative organization. •Winners and Losers •Committee organizations, especially the standing committees, have historically proved to be places for individual legislators to influence bills by offering amendments, changing the language of bills, and even killing bills in committee. •Interim committee work also allows legislatures to influence policy and politics even while the legislature is out of session. •Because both the lieutenant governor and the Speaker of the Texas House have power over these committees, the structure reinforces the power of the chamber's respective presiding officer. •Party caucuses are becoming increasingly important to the legislature. •Allows majority party to more directly control the content of bills and amendments. •Allows minority party to get its message to the public through public relations and awareness campaigns. •As long as the party remains cohesive within each chamber, the majority party (the Republicans) are the winners in the Texas Legislature. •In this new arrangement, Democrats are clearly the losers—they are reduced to public relations and awareness campaigns. •In the Texas Legislature, the likelihood to be winners or losers depends on the degree of party cohesion and the style of chamber leadership.

•Making/Updating bills is core function. •Understanding rules is crucial. •Bill. Many sources of bills.

3-7: Explain the process for a bill becoming law in the Texas Legislature. •A primary function of the Texas Legislature is making new laws and updating existing ones. •It is not just who you know in the Texas Legislature; it's often what you know about rules that contributes to success. •The path to success is foreign and inhospitable to newcomers. •Essential to navigate efficiently due to the limited length of a session. •The "revolving door" that leads many former legislators directly into professional lobbying ensures that organized interest lobbyists are well trained in the legislative arts. •Part-time legislatures are especially receptive to full-time lobbyists and presiding officers. •Bill: A proposed new law or change to existing law brought before a legislative chamber by a legislative member. •Often proposed by policy experts who enjoy researching and writing bills to solve problems or address issues of concern. •The Texas Legislative Council, a professionally staffed arm of the legislature, helps legislators without a legal background convert their ideas into the correct legal form. •Government agencies may also suggest possible bills. •The creation of the Republican policy chair in the Texas House of Representatives reflects a new, party-centered source for bills.

Introducing Bills in the Legislature •Introduce (a bill). •Texas restricts bill filing. •Fiscal note. •Extra Texas impact statements.

3-7: Explain the process for a bill becoming law in the Texas Legislature. •Introducing Bills in the Legislature •Introduce (a bill): To officially bring a bill before a legislative chamber for the first time; this first official step in the formal legislative process is reserved for members of the legislature. •The one who introduces the bill is the author or sponsor, while those who add their names to support the bill are coauthors or cosponsors. •Because a bill must pass both chambers of the Texas Legislature, the author of a bill will often seek out members of both chambers to help cosponsor it. •If the bill comes from outside the legislature, the organization pursuing the bill must court a member of the legislature to sponsor; this benefits the legislator as they can then take credit for the bill if it becomes law. •Bills may be prefiled before the start of each legislative session, meaning that the bill is introduced prior to the start of the legislative session. •Many members prefile legislation to demonstrate their commitment to the issue. •Most states permit prefiling. •In Texas, a bill may be introduced up to 60 calendar days after the start of the legislative session. •After the 60th day, a bill may be introduced with an 80 percent vote from present members of the House or an 80 percent vote from all members of the Senate. •Any bill dealing with the state budget must be considered by the Texas House of Representatives first. •These bills must be introduced by the 13th day of the session. •Fiscal note: A required document outlining the probable costs of the legislation. •Required for a bill that impacts the state budget. •Prepared by LBB. Texas also requires statements about the impact of the bill on the equalized public education funding formula and on criminal justice policy.

Introducing Resolutions in the Legislature •Resolution. •Simple resolution. •Concurrent resolution. •Joint resolution.

3-7: Explain the process for a bill becoming law in the Texas Legislature. •Introducing Resolutions in the Legislature •Resolution: Legislative act that expresses the opinion of the legislature on an issue or changes the organizational structure of the legislature. •May be on a seemingly trivial topic. •Three types of resolution: •Simple resolution: A legislative act that addresses organizational issues; may be limited to a single house. •Concurrent resolution: A legislative act that expresses an opinion of the legislature; must pass in both houses. •Joint resolution: A legislative act whose approval by both chambers results in amendment to the Texas Constitution; an amendment must be approved by voters at the next election. •When a bill or resolution is introduced into a chamber, it is assigned a code by the secretary of the Texas Senate or the chief clerk of the Texas House. •This combination of letters and numbers indicates the chamber in which the legislation originated and the order in which it was introduced.

Legislation in Committee: Calendars in the Texas House •Calendars. •Seven calendars for committee-approved bills. •Two-thirds vote can change calendar.

3-7: Explain the process for a bill becoming law in the Texas Legislature. Calendars in the Texas House After a committee votes to report a bill favorably, the bill is ready for review by the entire membership of the chamber. Those with statewide implications go to the Committee on Calendars, charged with managing all bills trying to find their way onto the House floor. Calendars: Lists of bills and resolutions that are eligible for consideration by the chamber. Texas House maintains seven different calendars for committee-approved bills and separates calendars for legislation already passed. Bills on more important calendars are considered first, whereas bills on less important calendars are handled if time remains during the legislative session. A two-thirds vote of the House can accelerate the consideration of a bill or resolution. Bills affecting only a specific county, city, or other local government and other bills unlikely to face opposition can be sent by the originating committee to the Local and Consent Calendar.

Trends in Legislative Activity •Time at a premium. •Limited actions in first 30 days. •Limited actions in second 30 days. •Next 80 days are bulk of legislation.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •A relatively short session puts time at a premium. •This is compounded by the Texas Constitution's requirement limiting legislative activity in the first 60 days of the regular session. •In the first thirty days, legislative action is limited to: •Introducing legislation. •Dealing with emergency appropriations. •Confirming recess appointees of the governor. •Handling any issue the governor deems an emergency. •In days 30-60, legislators can only: •Pursue committee action. •Handle governor-designated emergencies.

Floor Debate in the Legislature •No filibusters in House. •Chubbing. •Quorum. Quorum used to influence voting.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Because a member's speaking time is limited to 10 minutes by the rules of the Texas House, a filibuster cannot occur there. •However, members of the House deliberately engage in lengthy debate over bills that are not controversial. •Generally employed late in the session. •Chubbing: The act of delaying action on the current bill before the Texas House of Representatives to prevent action on an upcoming bill. •Quorum: The minimum number of members in a legislative body who need to be present for the body to conduct business: in the Texas Senate, a quorum is 21 members; in the Texas House of Representatives, a quorum is 100 members. •This provides another way for the minority party to influence voting, as they may flee to prevent two-thirds membership from being present to vote on a bill.

Legislation in Committee: Calendars in the Texas Senate •One calendar: first in, first out. •Blocking bill. •Two-thirds vote can change calendar. •Enables Senate to decide agenda.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Calendars in the Texas Senate •Senate has no dedicated calendar committee, and just one calendar where bills are listed in order of their formal introduction. •Blocking bill: A bill regularly introduced in the Texas Senate to serve as a placeholder at the top of the Senate calendar; sometimes called a stopper. •Like the Texas House of Representatives, the Texas Senate may move a bill up on the calendar by a three-fifths vote of the chamber. •This allows the Senate to dictate their own order of consideration. •The three-fifths requirement for moving a bill to the top of the calendar enhances the minority party's ability to block any bill, since it allows twelve senators to prevent a bill from even being considered.

Floor Debate in the Legislature •Floor debate. •Killer amendment. •Rider. •Filibuster.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Floor Debate in the Legislature •Floor debate: Period during which a bill is brought up before the entire chamber for debate. •Sponsors of the bill arrange for members to speak on its behalf while opponents recruit members to speak against it. •Amendments may also be offered. •Killer amendment: Language added to a bill on an unrelated or controversial topic in order to make the bill unacceptable to the majority of the legislature, which will then be more likely to vote against it. •Rider: An addition to a bill that deals with an unrelated subject, such as changing some aspect of law or public policy or spending money or creating programs in a specific member's district. •Helps legislators accomplish key policy goals. •Filibuster: An effort to kill a bill by engaging in unlimited debate and refusing to yield the floor to another member, ultimately preventing a vote on the bill. •A stalling tactic that may prevent a vote from being taken. •Those filibustering must keep discussion relevant and cannot sit down or even lean on a desk.

Legislation in Committee •Presiding officer assigns bills. •Meetings open to public. •Subcommittees.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Legislation in Committee •After legislation is introduced, the presiding officer assigns the bill to a committee. •Normally, bills are referred to the committee with jurisdiction over the policy area. •The rules of the legislature require that committee meetings be open to the public. •Making sure the public has access to procedural legislation is key to representation. •To assist in their work, a handful of standing committees in both chambers of the Texas Legislature contain subcommittees. •They have the same powers as their standing committees to amend or kill a bill.

Voting •Voice voting. •Roll call voting. •Passed bills proceed to other chamber. •Tax legislation must begin in House.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Similar in both houses. •Voice votes occur when the presiding officer asks verbally for those members in favor of the bill or amendment to call out "aye," and then asks for those members opposed to call out "nay." •If the presiding officer is uncertain of the result, the officer calls for a roll call vote. •A member of the chamber who questions the outcome of the voice vote may ask for a roll call vote. •Roll call vote: A form of voting for which a permanent record of each member's vote is created; used for more important votes. •In the Texas House, roll call votes are recorded electronically; in the Senate, they are recorded as the Senator's name is called and they state their opinion. •Once a bill has passed one chamber of the legislature, it goes to the other chamber for consideration. •Legislation on taxation must begin in the House. •Other types of legislation may begin in either chamber. •Conference committee reconcile two different passed versions of the same bill to be internally consistent, before submitting it to another vote.

Voting: The Governor's Veto Power •Must usually accept/veto entire bill. •Line-item veto. •90-day waiting period. •Emergency clause.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •The Governor's Veto Power •If both chambers have passed a bill in identical form, the bill goes to the governor for signing. •Governors may sign a bill into law or veto it; if the governor does not sign a bill and legislature is still in session, it automatically becomes law after 10 days. •Governor's veto power is limited; for all bills but those dealing with spending, the governor must veto or accept the entire bill. •Line-item veto: The ability of the executive to selectively veto only some parts of a bill; in Texas, available only on spending bills. •Overriding vetoes is only possible with a two-thirds majority vote in each chamber. •If the legislature ends its session, the governor has 20 days to veto the bill; otherwise, the bill becomes law. •Followed by a 90-day waiting period. •Emergency clause: Language that makes a bill effective immediately upon being signed into law rather than subject to the customary 90-day waiting period.

Winners and Losers •Parties relatively weak. •Presiding officers are strong. •Special techniques limit majority power. •Becoming more partisan.

3-7: Explain the process for a bill becoming law in the Texas Legislature. • •Winners and Losers •Historically, legislative organization and process have produced clear winners and losers in the game of Texas politics. •Parties were relatively weak, so power was concentrated in the hands of the presiding officers of the state legislature. •That is, the Speaker of the House and the lieutenant governor. •Their power is often unchecked by an institutionally weak legislature and governor, and resemble the concentrated power that the framers of the Texas Constitution sought to avoid. •Much of the lieutenant governor's powers derive from internal rules that the Senate approves or from personal leadership style. •Senate may change rules at any time. •Leadership style varies. •Techniques such as the blocking bill and filibuster place limits on the lieutenant governor and the majority party as well. •These rules are also subject to change. •The Texas Legislature continues to evolve into a more partisan organization. •Changes in legislative process, if they occur, will likely benefit the majority party and harm the minority party. •For decades, people who wanted to serve as the Speaker of the Texas House courted support from individual legislators regardless of party affiliation. •However, if the Speaker is too autocratic or offends their own political party caucus members, revolts are possible. •Nonetheless, the Speaker is a clear winner in Texas. •Recent attempts to organize the party caucuses and raise the level of partisanship within the Texas Legislature may have detrimental effects. •Traditional bipartisan system—which permits the minority party significant influence—is eroding. •Stronger cohesion, organization, and political pressure within the Republican caucuses in both chambers have cemented the Republican majority and made them the clear winners in influencing legislation. •Legislation favored by the majority may be more easily passed, even when ill considered. •As partisanship rises, Texas becomes less likely to grant committee chair status to minority party members. •The Texas federal delegation has long had a reputation for putting party concerns aside to cooperate in the best interests of the state. •Thus, Texas enjoys outsized influence in US Congress and has received favorable legislation and funding. •Increased partisanship may undermine legislators' abilities to get things done. •Concentration of power in the hands of the presiding officers of the Texas Legislature, and the bipartisan support that results, has historically created a different set of incentives and outcomes in Austin. •While previous decades allowed the minority party some influence in Austin, the current trajectory has left the Democratic Party in Texas with a strategy of communication and public awareness campaigns as the primary means to get its message across. •The Republican Party may be the short-term winner in this situation, but should they become the minority party they will be in the same situation if Democrats opt not to restore bipartisan traditions.