The Legislature Chapter 7

What are the basic legislative steps in how a bill becomes a law?

1. Introduction to the Texas House. 2. Assignment to a committee 3. House committee action 4. House calendars. 5. House floor. 6. Introduction to the Texas Senate. 7. Assignment to a committee 8. Senate committee action. 9. Senate calendar 10. Senate floor. 11. Conference committee. 12. Final passage. 13. The governor.

What is a single-member district?

A district that elects one senator or one representative; districts should be equal in population.

What is a point of order?

A formal objection that rules of procedure are not being followed on the house floor.

What is a filibuster?

A prolonged debate by a senator to delay passage of a bill.

What are the formal qualifications to serve in the Texas House and Senate?

Certain legal, or formal, qualifications, including age, citizenship, and residency status, must be met before anyone can serve in the state legislature. However, the "informal" qualifications, including partisanship, socioeconomic status, gender, occupation, and especially access to campaign funding, usually determine who will run for and be successfully elected to the legislature. To be a Texas state senator, one must be a U.S. citizen, a qualified voter, and at least 26 years of age and must have lived in the state for the previous five years and in the district for one year prior to election. Qualifications for House membership are even more easily met. A candidate must be a U.S. citizen, a qualified voter of the state, and at least 21 years of age and must have lived in Texas for the two previous years and in the district for one year prior to being elected.

What is an incumbent?

Currently elected officials.

What is ex officio?

Holding a position automatically because one also holds some other office.

What are term limits?

Legally mandated restrictions on the number of times that a politician can be reelected to an office or the number of years that a person may hold a particular office.

How much is the annual salary for members of the Texas Legislature?

Legislators receive an annual salary of $7,200 plus $224 per diem

What is a resolution and what is the difference between a simple, concurrent, and joint resolution?

Resolution - A formal expression of legislative sentiment, such as recognizing people, memorializing events, or making decisions that do not involve passing statutes. simple resolution - A resolution passed by a single house of the legislature affecting only that house and needing no action by the governor. concurrent resolution - A resolution requiring the House and the Senate to agree by simple majority and usually requiring approval by the governor. joint resolution - A resolution, such as one dealing with constitutional amendments, that requires approval of both houses but not the governor.

What is chubbing?

Slowing the legislative process by debating earlier bills for the maximum allotted time, asking the bill's sponsor trivial questions, and proposing so many amendments and raising so many points of order that the house does not get around to the bill to which they ultimately object.

What is a subcommittee?

Subdivisions of standing committees that consider specialized areas and categories of proposed legislation.

What is a "citizen legislature"?

Texas has a "citizen legislature," with members who do not hold a full-time professionally paid position. The Texas Legislature is a highly centralized institution dominated by its presiding officers—the lieutenant governor in the Texas Senate and the speaker in the Texas House of Representatives—who use standing committees and a variety of other committees to control the law-making process in the state. The Texas Legislature is often referred to as a "citizen legislature," whose members are commonly in session for only 140 days every other year and receive only a very modest income for the work they do. It has been said that the Texas Legislature is "fulltime only part of the time." The limited sessions, heavy workloads, low salaries, and limited staffing keep the legislature in this "citizen" status.

What are the length of the terms for the House and Senate?

Texas representatives are elected for two-year terms, but senators are elected for longer four-year terms that are staggered or overlapping

What is the difference between the Legislative Council and the Legislative Budget Board?

The 14-member Legislative Council is a joint legislative committee that supervises a staff that provides research support, information, and bill-drafting assistance to legislators. It is dominated by the speaker and lieutenant governor and includes six members from each chamber appointed by the presiding officers. The Legislative Council staff is specialized in document production, information systems, legal services, and research; it also plays a key role in the redistricting process. Legislative budget board - The most important of the bills to pass through the legislature is the state's budget, or appropriations bill. The state's budget must be approved for a full two-year cycle and includes items such as transportation, education, health benefits, law enforcement, and state park maintenance. To expedite the process of creating the state's multi-billion-dollar budget, the legislature has the help of the Legislative Budget Board. Most states, the U.S. government, and most countries have only one budget, but Texas has two

What is the difference between the Legislative Audit Committee and the Sunset Advisory Commission?

The Legislative Audit Committee appoints and supervises the state auditor who, with the consent of the Senate, heads the State Auditor's Office. The six-member Legislative Audit Committee is composed of the lieutenant governor, the chair of the Senate Finance Committee, one senator chosen by the lieutenant governor, the house speaker, and the chairs of the House Appropriations Committee and Ways and Means Committee. The authority of the office of the state auditor is both broad and deep. Under the direction of the committee, state agencies and departments, including colleges and universities, as well as any entity receiving funds from the state, can be audited. The auditor's office may conduct financial, compliance, efficiency, effectiveness, and special audits as well. The Texas Sunset Act was enacted in response to the perception by the public that federal and state government spending was escalating beyond control. To enforce the Act, Texas created the 12-member Sunset Advisory Commission, which recommends keeping, abolishing, reorganizing, or giving new scope and authority to state agencies. The lieutenant governor appoints five senators and one public member, and the speaker appoints five representatives and one public member to the commission. Public members are appointed for two-year terms and legislators for four-year staggered terms. The presiding officers appoint the commission chair. The chair position alternates between Senate and House members. The commission employs a director and a staff that conduct the reviews and present their findings to the commission.

How long is the Texas Legislature in regular session?

The Texas Legislature begins its session on the second Tuesday in January of odd-numbered years and meets for a period of just 140 days.

What is the impeachment and removal from power process?

The Texas Legislature can call an impeachment session in which the House of Representatives may charge an official with wrongdoing. Executive officers of the state, including the governor, lieutenant governor, the attorney general, the commissioner of the Land Office, and the comptroller of public accounts, may all be impeached by the House. Elected district judges, appellate judges, and the judges of the Supreme Court of Texas and the Texas Court of Criminal Appeals may also be impeached by the House. Once the House votes to impeach an official, the senate holds a court-like hearing and may, by a two-thirds vote, remove the official from an elected position. The legislature cannot take any other action except for exposing the charges by impeachment and removing the person from office. If impeached officials have committed illegal acts, they may later be prosecuted in regular criminal proceedings. An impeachment session may be called by the legislature without the governor's approval.

What is per diem?

The amount paid each day that a legislator is working, both in regular and special sessions, and when committees meet during the interim between sessions.

What is a committee of the whole?

The entire 31-member senate acting as a committee.

What is descriptive representation?

The idea that elected bodies should accurately represent not only constituents' political views but also the ethnic and social characteristics that affect their political perspectives.

What is a floor leader?

The legislators who are responsible for getting legislation passed or defeated.

What is bureaucratic oversight?

The legislature monitoring state agencies to see that these agencies are carrying out public policies as intended.

What is legislative redress?

The power of the legislature to monitor and police itself.

What is gerrymandering?

The practice of drawing district lines in such a way as to give candidates from a certain party, ethnic group, or faction an advantage.

Who is the presiding officer of the Texas Senate?

The presiding officer in the Texas Senate is the lieutenant governor, who serves as the president of the senate. The lieutenant governor is elected independently from the governor for a four-year term in a statewide, partisan election and is paid a $7,200 annual salary.

Who is the presiding officer of the Texas House?

The presiding officer of the Texas House of Representatives is the speaker of the house and the lieutenant governor acts as president of the Texas Senate. The presiding officers have extensive appointment power over boards, commissions, and legislative committees.

What is a bill and what are the three categories that bills fall into?

The primary responsibility of the legislature is to pass bills, which are proposals to pass new laws, change existing ones, or adopt the state budget. A bill may be introduced in either chamber of the legislature; it is designated by the abbreviations HB (House Bill) or SB (Senate Bill) according to where it was first introduced and carries the same designation throughout the legislative process. A bill must be passed by both houses by a majority vote and be presented to the governor to be signed into law. Bills fall into three categories: special, general, and local. Special bills create exceptions to laws already enacted; general bills apply to everyone in the state; local bills usually apply to a single unit of local government and usually pass at the request of legislators representing the area. Bills normally take effect 90 days after they pass unless a two-thirds majority of each house votes to have the bill take effect as soon as the governor signs it.

What is mark-up?

To rewrite or change a bill by adding or deleting provisions before it is considered for passage.

What does it mean when a bill is pigeonholed?

To set a bill aside and not take any action on it throughout the entire legislative session; many bills are pigeonholed.

What is the difference between a biennial session and a special session?

biennial session - Short and infrequent sessions contribute to the "citizen" status of the legislature. The Texas Legislature begins its session on the second Tuesday in January of odd-numbered years and meets for a period of just 140 days. Forty-six states have annual legislative sessions; Texas's is the only legislature among the more populous states to meet on a biennial schedule, once every other year. The limited biennial sessions tend to work against professional and deliberative legislative practice and ultimately may work against the public interest.* special session - When work cannot be accomplished or a bill favored by the governor did not pass during a regular session, a 30-day special session, which can be called only by the governor, may take place after a regular session. The governor sets the agenda for the special session; only bills that fall within the topic or topics covered by that agenda may be considered during the special session.

What is a conference committee and a conference committee report?

conference committee- A temporary committee that meets to resolve differences between Senate and House versions of a bill; a separate conference committee is appointed for each bill with differences between the House and Senate versions. conference committee report - A compromise between the House and Senate versions of a bill reached by a conference committee and then delivered to each house.

What is the difference between cracking and packing?

cracking - A gerrymandering technique of dividing up a minority party's voters into so many geographical districts that their voting power in any one district is negligible. packing - Gerrymandering technique in which members of a party are concentrated into one district, thereby ensuring that the group will influence only one district's election rather than several.

What is the difference between delegate-type representatives and trustee-type representatives?

delegate-type representatives - Legislators who interpret their role as being elected to represent a majority of voters' interests in their districts. trustee-type representatives - Legislators who interpret their role as being elected to use their judgment in making decisions in the best interest of the state as a whole.

What is the difference between floor action and a quorum?

floor action - Action by the entire House or the entire Senate to debate, amend, and vote on legislation. quorum - To take official action, both houses require two-thirds of the total membership to be present.

What is the difference between malapportionment and reapportionment?

malapportionment - the drawing of district lines so that one district's population is substantially larger or smaller than another's. reapportionment - The redistricting, or redrawing of district lines, after every census to reflect the population changes over the previous decade.

powers of the presiding officers

refer bills to committee appoint most committees appoint committee chairs preside over floor action appoint conference committees

What is the difference between retainer fees and consulting fees?

retainer fee - Fees charged by lawyer-legislators for services to clients, including those who have business with state agencies or may have lawsuits against state agencies. consulting fees - Fees charged by legislators who may contract with business clients to consult on matters pending in the legislature, thereby helping their clients to benefit from legislation being considered.

What is the difference between standing, joint, ad hoc, select, and interim committees?

standing committees - Permanent committees that function throughout the legislative session. There are two types: substantive and procedural. joint committees - A committee that includes both senators and representatives. ad hoc committees - A committee designed to address one specific task in the legislative process. Its function is temporary, and the committee is disbanded when the function is complete. select committees - A temporary committee that is created for one specific purpose and usually serves in an advisory capacity. interim committees - A committee that meets between legislative sessions.

What is difference between a suspension of the rule, a blocking bill and the five-ninths rule in the Texas Senate?

suspension of the rule - Setting aside the rule that puts bills in chronological order so that other bills can be considered. a blocking bill - The first bill placed on the senate calendar in each session, which is usually a bill that will never be considered by the full senate. five-ninths rule - This practice affects the senate's entire legislative process because it allows 14 senators to block a bill. The irony is that although only a simple majority is necessary for final passage of a bill in the senate, a five-ninths majority is needed to get the bill to the floor for consideration. The senate can let a bill die without having a floor vote for or against—it just fails to reach the floor because it is never taken up for consideration.

How many members are there in the Texas House of Representatives and how many members are in the Texas Senate?

the 31-member Texas Senate the 150-member Texas House of Representatives.

What are the two calendars committees in the Texas House?

the House Calendars Committee and the House Local & Consent Calendars Committee. These two committees place a bill on any one of the house calendars: Emergency Calendar Major State Calendar Constitutional Amendments Calendar General State Calendar Local and Consent Calendar Resolutions Calendar Congratulatory and Memorial Resolutions Calendar

What is the difference between a voice vote and a recorded vote?

voice vote - An oral vote that is not put in the official record. recorded vote - On final bill passage, votes and the names of those casting them are recorded in each house's journal.