The Legislative Branch• Topical Scenario

• Structure• Membership• Organization

• Process• Staff

• Influences on Behavior• Legislature and Change

• Legislature and Democracy

Topical Scenario• Sharpstown Scandal - 1969

• Bank deposit insurance legislation

• Frank Sharp bribes legislators to influence bill’s passage.

• “Dirty 30” call for investigation and subsequent reforms in legislative process.

• Speaker of House and others convicted of taking bribes.

• Abnormally high turnover in legislature in next election - 50%.

Legislative Heritage• New Spain 1566 - 1821

– Viceroy, peninsulares, creoles, mestizos, indians

• Mexico 1821 - 1836– Coahuila y Tejas - 1 - 3 deputies to state legislature– Lack of represenation led to revolution

• Republic of Texas 1836 - 1845– Bicameral Legislature– 30 Representatives ( 1 year term)– 14 Senators ( 3 year term)

• Texas State Legislature - 1846– 66 Representatives ( 2 year terms)– 19 Senators (4 year terms)

Legislative Functions

• Legislate, budget, and tax

• Constituent casework

• Oversight

• Update Constitution

• Confirm appointees

• Redistrict

• Impeach and remove corrupt officials

Legislative Structure

• Bicameral body with 150 Representatives and 31 Senators

• Biennial main sessions in odd years– Meet in January for 140 days

• Special sessions called by Governor– Usually meet for 30 days (Richards 4, Bush 0, Perry 7)

• Leaders– Senate - Lt Gov. and President Pro-tempore– House - Speaker, elected by members

Qualifications

• House– 21 years old– Resident 2Tx/1Dis– US Citizen– Registered voter

• Senate– 26 years old– Resident 5Tx/1Dis– US Citizen– Registered voter

Membership• Term lengths - 2 years representatives and 4

years for senators• Pay - $7200 per annum $128 per diem• Redistricting every 10 years

– Goal is to create equal size districts• Single member districts

– House district includes 139,012 people– Senate district includes 672,639 people

• Voting Rights Act of 1965– Judicial review of new districts

• Turnover - (no limits on number of terms)– House - 10 to 15% new members, 16.7% 2006– Senate - 20% in 1996, 5% in 1998, 3% in 2000, 12% in

2002, 0% in 2004, 16% in 2006

Texas House Districts

Texas Senate

Districts

Characteristics of Members• 19th and early 20th century - farmers• 2004 35-40% lawyers 50-60% business• 97% have attended college• Majority are Catholics Age 40-50 (21/26)• Ethnicity- House 80 Republican ( 1 His) 69 Democrats (

19 Anglo, 29 Hispanic, 14 African American) - 35 Women

- Senate 20 Republicans ( all Anglo) 11 Democrats ( 3 Anglo, 6 Hispanic, 2 African American) - 4 Women

1999 Membership by Ideology

1 3 13 20 1 0

1 6 10 5 0 0

3 4 2 2 2 0 0

5 9 1 6 0 0 0

0 14 1 9 2 0 0

0 10 17 2 0 0

Libertarians (60 R, 6 D) Conservatives ( 4 R)

Liberals ( 43 D, 2 R) Populists ( 28 D)

2001 Membership by Ideology

0 37 14 5 3 0

0 3 2 3 5 1

0 0 0 3 3 2

0 0 0 4 1 1

0 0 1 9 7 8

0 0 0 9 20 9

Libertarians (1 R) Conservatives ( 68 R, 1 D)

Liberals ( 56 D, 0 R) Populists ( 22 D, 3R)

2003 Membership by Ideology

7 2 4 6 0 0

7 8 3 0 1 0

0 1 1 2 2 0

1 4 2 3 3 0

0 0 1 3 1 0

0 0 3 12 74 0

Libertarians (11 D) Conservatives ( 87 R, 9 D)

Liberals ( 33 D) Populists ( 11 D)

2005 Membership by Ideology

9 27 3 1

5 10/2 2/1 1/1

1 3/2 1/1

1 1 0

3 6 2 3 0

3 11 28 15 6 0

Libertarians (53 R) Conservatives ( 26 R)

Liberals ( 61 D – 5 R) Populists ( 2 D - 1 R)

Organizing for Influence• Passing a bill requires sponsorship and support

• Strong leadership at odds with party caucuses

• House - Speaker versus the caucus coalitions

- Democrats in 1980s to compete with Clayton and Lewis’ power bases

- Texas Conservative Coalition

- Legislative Study Group

• Senate - Lt. Gov. versus the liberal faction

– Little organized opposition until 1993 ( 13 R)

– 2/3 vote rule to pass legislation

Legislative Committees• Standing - substantive or procedural

– Operate when legislature is in session (p.110)

– Special ( ad hoc) temporary issue specific

• Interim - between regular sessions

• Joint - Combination of House and Senate members

• Conference - joint committees design to coordinate bills with different language

• Assignments made by speaker - can split 50% appointed and 50% based on seniority

Legislative Process

• Both chambers must pass identical bills

• House initiates revenue bills

• Simultaneous or Separate starts

• Committee hearings

• Calendar Process

• Governors Agreement

Bills and Resolutions• A bill creates a new law or amends an

existing law.• A joint resolution proposes an amendment

to the Texas Constitution or ratifies an amendment to the U. S. constitution.

• A simple resolution only affects that chamber.– Used to set up housekeeping rules at beginning

of a regular session• A concurrent resolution expresses will of

both chambers but has no authority of the force of law.

How a Bill Becomes a Law• Best if bill flow simultaneously through both

chambers• Introduced in 1st reading• Referred to a committee for study

– Chair decides agenda– Public hearings ( 5 days notice)– Formal meetings ( not public)

• Committee options:– Approve or amend– Defeat– Send to a subcommittee– Ignore (HB 3074)

Getting on the Calendar• A bill must make it to the floor of the

chamber for a 2nd reading • House Calendar Committee

– Must give 36 hours notice– Must take a public vote within 30 days– Standard is to accept specific bill and

universally reject all others– ‘97 Memorial Day Massacre

• Senate Administrative Committee– Frivolous stop gap bill– 2/3s rule applies thereafter

2nd Reading of Bill

• Most important part of continuing process once bill is on calendar

• Bill is reviewed, discussed and/or amended– Time limits in the House, none in Senate (filibuster)

• Voting Methods– Voice, Machine, Roll-call

• After passing 3rd reading becomes an engrossed bill.

• Conference committee to finish if bills are not same - becomes an enrolled bill.

Final Step

• Governor has choice to sign the bill, veto the bill or ignore the bill.

• Legislator can override veto with 2/3 vote but only if during the time frame of a regular session.

Legislative Staff• Centralized

– Legislative Council ( interim comm.)• drafts bills, studies issues, sets up calendars

– Legislative Budget Board ( interim comm.)• prepares budget and evaluates agency operations

• Chamber specific staff– Senator - 8 to 15 paid staff members– Representative - 4 to 7 paid staff members

• House of Representatives– House Research Organization (HRO) - 5 research analysts, 3

administrative assistants• Senate

– Senate Research Center

Influences on Behavior

• On each other– “backscratching, logrolling, and pork barrel

politicking ”

• Governor’s power– veto and the special session

• Lobbyist’s power– valuable source of information– valuable source of campaign funds– Ethics Commission and accountability

Legislature and Political Change

• Can police and change for better with voter assistance - Sharpstown.

• Public holds officials accountable.

• Power of the leadership can inhibit or slow the process of change.

Legislature and Democracy• House calendar can end or limit deliberation

- 2/3s rule covers Senate.• Committee is best place for worthwhile

deliberation as long as chair will allow discussion.

• Powerful leadership steers legislature toward a majoritarian type democracy.

• Influential interest groups and powerful lobbying staffs push system to a more pluralistic democracy.