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The Texas Legislature and the Legislative Process

Both the Texas House of Representatives and the Texas Senate operate pursuant to conditions set fourth in the Texas Constitution which is one of the oldest, longest and most unique constitutions in the United States.  In fact, the Texas Constitution of 1876, the same constitution that serves Texas today, was intended to limit the powers of government.

One of the most unique aspects of the Texas constitution as it relates to the legislature is the stipulation that the legislature can only meet in regular session every other year, and then for only 140 days.  The legislature is comprised of 181 legislators or “members” that are elected to either the Texas House of Representatives or the Texas Senate by eligible Texas voters from legislative districts across the state.  The Texas Senate is comprised of 31 members and is led by the Lieutenant Governor.  The Texas House of Representatives is made up of 150 members and is led by the Speaker of the House. The Lieutenant Governor is elected by Texas voters while the Speaker of the House is elected by the members of the House of Representatives.  Members of the Texas House of Representatives are elected for a two year period and Texas Senators for four year terms. 

The Texas legislature has two “chambers” – the Texas Senate and the Texas House of Representatives.  Each chamber is unique and has its own distinct duties and responsibilities.  The Texas Constitution requires each chamber to establish rules by which it will operate and because of the different size and number of constituents represented, each chamber operates in a manner that is not all that similar to the other.  For example, the Senate is far more reserved and the pace is generally slower and more deliberate.  Senate discussions consider 31 members while discussions in the House must accommodate 150. 

Legislation

All members of the Texas House and Senate can introduce legislation.  Oftentimes legislation stems from the recommendations of a standing or special legislative committee or an interim study on an issue of particular interest to

the legislature.  Legislation may also stem from a constituent’s problem or concern, a pressing issue that has received considerable media attention, an issue the legislator wishes to address or draft proposals from interest groups, citizen groups, etc.

Interim studies are conducted by legislative committees.  Legislative committees are assigned charges at the end of one regular session to study and prepare a formal report for the incoming lawmakers of the next regular session.  For

example, in preparation for the 80th regular session, the House Committee on Business and Industry, in a joint effort

with the House Committee on Insurance, monitored the Texas workers’ compensation system reforms and

implementation of House Bill 7 (the 2005 reform law) by the Texas Department of Insurance. 

Introducing Bills

Legislation or a bill is introduced when it is filed with the Chief Clerk’s office in the House of Representatives and the Secretary of the Senate in the Senate.  After a bill is filed it is introduced during its first reading and referred to a

legislative committee.  Bills must be read on three separate days.  Normally the first reading occurs when the bill is introduced and referred to a committee. The second reading occurs when the bill returns to the full chamber after being considered in committee and the third and final reading occurs after the bill has been considered by the full body of the applicable chamber.  Like many rules however these rules can be suspended by a special vote. 

Legislative Committees

Legislative committees are a very important part of the legislative process.  Committee business relating to legislation

must be conducted in open meetings and no official action or vote may be taken otherwise.  At the beginning of the

regular session the lieutenant governor and the speaker form committees, appoint chairmanships and make committee assignments.  Generally, committees consist of 5 to 29 members and each member sits on at least one committee with most sitting on two or three.  During the last legislative session the House had a total of 40 committees compared to 15

in the Senate.  

A chair appointment is generally a coveted role because the chair has considerable control over bills assigned to his/her committee. The chair schedules bills for hearing and decides when or if the measure will be voted upon. 

Essentially the committee process allows committee members to explore the proposed legislation and take input on

the proposal.  Interested parties including the bill’s author, special interest groups, state agencies, lobbyists and the like oftentimes testify on various measures.  After consideration in committee, a bill can then be reported to the house or senate. It may be submitted with a non-binding report recommending passage without amendments, recommend amendments or substitute the original bill with a new version, commonly referred to as a committee substitute.

Regardless of the action, the bill leaving the committee must maintain specific relevancy or remain germane to the

original bill.

TXANS Executive Director testifying during a legislative committee hearing.

Amendments

Bills are amended for variety of other reasons. For example, to clarify certain aspects of the bill, gain additional support by adding or deleting certain language or to consolidate several pieces of legislation into a single omnibus bill.  Amendments can happen very quickly making them one of the greatest challenges of the legislative process.  Once a bill fails, it cannot be re-filed or reconsidered during the same session.  Bills can however be amended so a bill that may have died can look

for another bill to amend with some of all of the language of the original bill thereby resurrecting the original legislation. 

One important factor however is that the amendment must be germane to the bill it is seeking to amend. 

The Final Phase

Once a bill has been approved by the full body of one chamber it is referred to the opposing chamber.  Again the bill is introduced, considered in committee and then by the full body.  If the bill is amended by the opposing chamber, it is returned to the chamber of origin for concurrence.  In some instances it may be necessary to appoint a conference committee (which is comprised of members from both chambers) to compile a compromise version of the bill, which

must be finally passed by both the House and the Senate.  

After a bill achieves final passage from both chambers, it is put in final form, signed by the Lieutenant Governor and

Speaker of the House and sent to the governor. The governor can lend his approval by signing the legislation or veto the

bill and return it to the house of origin with a statement of objections within ten days.  If however a bill is passed during

the last 10 days of session, the governor has twenty days from the last day of the session to sign or veto a bill. While it rarely occurs, a vetoed bill can become law despite the governor’s objections if both chambers approve the measure by

a vote of two-thirds.  If the governor neither signs nor vetoes the bill, it will automatically become law.