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THE TEXAS LEGISLATURE. by Loren Miller. Points to Ponder. In 1965, a member of the Texas House submitted a resolution commending Albert DeSalvo for his efforts in population control. No one checked to see who Mr. DeSalvo was. It passed. - PowerPoint PPT Presentation

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Page 1: by Loren Miller

by Loren Miller

Page 2: by Loren Miller

Points to Ponder . . . .

• In 1965, a member of the Texas House submitted a resolution commending Albert DeSalvo for his efforts in population control. No one checked to see who Mr. DeSalvo was. It passed.– The next day, the New York Times informed the world

that the Texas Legislature had just commended the “Boston Strangler.”

• In 1969, a newly elected member of the Texas House was in Austin for new member orientation. That night he went out on 6th street, got drunk and when a bouncer tried to escort him out of the establishment, he pulled a gun and informed the patrons that “I’m a member of the legislature, and you can’t do this to me.”– This also made the New York Times.

Page 3: by Loren Miller

Points to Ponder . . . .

• In 1963, a bill that would have fined a Texan $50 for flying the United Nations flag failed after an amendment jacked up the penalty to death. Treason is treason!!

• In 1981, there was HB 3333. If it had flown it would have created a Board of T-Shirt Design Examiners.

• In 1983, there was HB 38-24-36 (yes, you got it right) to create a Board of Ecdysiast Examiners. (Ecdysiasts are strippers).

Page 4: by Loren Miller

Points to Ponder . . . .

• In 1981, Rep. Mike Martin hired his cousin to give him a shotgun wound – heroic, not fatal – so that he could boast that he’d been attacked by a satanic cult alarmed by his conservatism.

• In 1983, Rep. Jimmy Mankins proposed a law to relieve Texas prisons. He hope to parole volunteer Texas convicts and buy them a one-way bus ticket to Washington, D.C., after they promised never to return to Texas. He gave Cuba’s Fidel Castro credit for the idea.

• Up until 1900, lawmakers carried concealed guns to work.

Page 5: by Loren Miller

Points to Ponder . . . .

Rep. “Mad Dog” Mengden (from Houston) began a speech about sex education thusly: “This is the way I see the problem, if there is a problem, which I deny.”

This year his legislative program includes prison reform—he wants female convicts to be more ladylike.

Page 6: by Loren Miller

Points to Ponder . . . .

On environmental legislation, Rep. Billy Williamson (whose district included an asbestos plant) stated: “I think we are all willing to have alittle bit of crud in our lungs and a full stomach rather than a whole lot of clean are and nothing to eat. And I don’t want a bunch of environmentalists and Communists telling me what’s good for me and my family.”

Page 7: by Loren Miller

Points to Ponder . . . .

• In 1971, Rep. Jim Kaster introduced a bill requiring felons to submit twenty-four hour notice of what crimes they planned to commit and where.

• Curtis Graves introduced a bill commonly referred to as “Curtis’ Clean Crapper Bill” as an effort to have minimum standards of cleanliness for public johns in the state.

Page 8: by Loren Miller

Points to Ponder . . . .

• In the early 90’s, a member of the legislature introduced a resolution to create a committee to recommend to the next session of the legislature the “official color of the official state condom.” It passed.

• In the mid 90’s, during a debate on an open container law, a member of the legislature stated that “Bubba, after a hard day’s work at the factory or on the farm, deserves to swig a few on the way home.”

• “If you took all the fools out of the Legislature, it wouldn’t be a representative body anymore.”

Carl Parkerformer State Senator

Page 9: by Loren Miller

Points to Ponder . . . .

• In early 1997, Senator Drew Nixon (R-Carthage) was arrested in South Austin with an unlicensed handgun in his automobile after he was taped and filmed bargaining for sex from an undercover policewoman. He pled guilty to a Class B misdemeanor and served a 6-month sentence on weekends while continuing in office.– His election campaign focused on “family values.”

• In 1999, a 20-year-old Brazosport College student working for Senator J.E. Brown (R-Lake Jackson) complained that he had fondled and attempted to kiss her while giving her a golf lesson in his law office. Although Brown publicly gave his former employee a letter of apology, he continued in office.

Page 10: by Loren Miller

Points to Ponder . . . .

• An abortion bill was being debated in the 2013 legislative session. An amendment was offered to exempt victims of rape or incest from the 20th week requirement. Representative Jodi Laubenberg (R., Plano) spoke against the exemption stating that rape kits used in hospitals can prevent unwanted pregnancies.

• Rape kits are used to collect evidence in a sexual assault

Page 11: by Loren Miller

It’s Not Just Legislators . . . .

• The Round Rock Leader ran a reader poll asking, “If the election was today, would you vote for Obama or Romney?” but offered responses of only “yes” and “no.” “No” won with 56 percent.

• Lubbock County judge Tom Head claimed on a local news program that a proposed tax increase would be needed to put down civil unrest and defend the county from invading United Nations forces should President Obama be reelected.

Page 12: by Loren Miller

Bring in the Clowns . . . .

Page 13: by Loren Miller

Texas Legislature Over Time

House Senate

Page 14: by Loren Miller

The Rise of the Republicans1970-2000

Texas Democrats are more conservative than Democratic.

Democratic presidential candidates have been viewed by many Texans as being “too liberal.”

Bedroom communities of major Texas cities have attracted white collar industries whose workers tend to be Republican.

Blacks and Hispanics, who tend to be Democrats, do not turn

out to vote to the same extent as Anglos.

Impact of the Voting Rights Act of 1965.

Page 15: by Loren Miller

Rise of the Republican South% Republican Seats

Page 16: by Loren Miller

The Fall of the Republicans??2020+

The labor force today is 64 percent Anglo and 22 percent Hispanic. By 2030 it will be 45 percent Hispanic and 37 percent Anglo.

The average household income for 2000 was $45,736. In 2030 it will be $42,620.

In the past, Republicans have based winning at least 2/3’s of the Anglo vote, 1/3 of the Hispanic vote, and 1/10 of the Black vote

With the rapid growth of the Hispanic population, Texas may become a competitive two-party state.

Page 17: by Loren Miller

Mitt Romney’s Stance on Hispanic Issues:

He vowed to veto the DREAM Act which wouldmake non-citizens who serve in the military eligible for citizenship.

He favored a system of self-deportation, a policythat involves making economic conditions so difficult for undocumented workers that they chooseto leave the country. If they want to return, theywould then get in the “back of the line.”

Page 18: by Loren Miller

Arizona Immigration Law:Requires that state law enforcement officials attemptto determine an individual’s immigration status during a “lawful stop, detention, or arrest” or during a “lawful contact” not specific to any activity.

Sotomayor Vote

Latino Vote:44% for Bush (2004)31% for McCain (2008)27% for Romney (2012)

Page 19: by Loren Miller
Page 20: by Loren Miller
Page 21: by Loren Miller

The Fall of the Republicans??2020+

%

Texas

Page 22: by Loren Miller

Problems for the Democrats in TexasLatino Voter Turnout

Bureau of the Census, 2011

Page 23: by Loren Miller

The Fall of the Republicans??2020+

2000 2020 2050

Non-Hispanic, White

Black

Hispanic Asian

National Totals

Other

Page 24: by Loren Miller

“The future of Texas is tied to its minority populations. How well they do is how well Texas will do.”

Steve Murdock, demographer, Texas A&M University

Page 25: by Loren Miller

METHOD OF ELECTION

The Texas Legislature is a bicameral body:

-- 31 members of the Texas Senate

-- 150 members of the Texas House

-- all are elected from single-member districts

Page 26: by Loren Miller

Reapportionment(Used to redistribute the 435 seats in the U.S. House)

• Done by the Bureau of the Census every ten years

• A mathematical process (as opposed to a political process)

• Texas uses the census figures to divide the state into the appropriate number of districts (31 and 150)

Page 27: by Loren Miller

Texas: 2010

• The Population of Texas 25,500,000

• 25,500,000 • 150

• 25,500,000• 31

170,000

823,000

Page 28: by Loren Miller

Redistricting

The people do not select their representatives; the representatives select their people.

Page 29: by Loren Miller

Redistricting

• Done by each state legislature usually every ten years, but legally this can be done more often than every ten years (LULAC v. Perry, 2006)

• A political process

Page 30: by Loren Miller

Battles of the 1960s

• State legislatures, dominated by rural interests, but whose states were predominantly urban, were challenged in a series of Supreme Court cases beginning in 1960.

Page 31: by Loren Miller

Supreme Court Requirements

• Within each state, the population of each district should be as equal as possible [(Baker v. Carr, 1960) Silent Gerrymander]

• The districts must be contiguous

• Districts must not be drawn to discriminate against minorities

Page 32: by Loren Miller

One Person, One Vote

• Baker v. Carr (1960) – lower house, state legislature

• Wesberry v. Sanders (1964) – U.S. House of Representatives

• Reynolds v. Sims (1964) – upper house, state legislature

Page 33: by Loren Miller

Avery v. Midland Co. (1968)

City of Midland98% of

County’sPopulation

Page 34: by Loren Miller

Texas 1971U.S. House of Representatives

Fort Worth Dallas

Page 35: by Loren Miller

Voting Rights Act of 1965

• Districts can not be drawn to discriminate on the basis of race or color

• It’s very difficult to prove discriminatory intent or purpose (Voting Rights Act of 1965). In 1982 Congress outlawed any arrangement that had the effect of weakening minority voting power (intended or not).

Page 36: by Loren Miller

Voting Rights Act of 1965

•Areas with a history of discrimination, such as Texas, had to submit redistricting plans to the U.S. Department of Justice for approval before they can go into effect.

•This is no longer the case as the Supreme Court ruled that “preclearance” is no longer required. Shelby County v. Holder (2013)

Page 37: by Loren Miller

Creating Minority Districts

• Increasing representation to one group almost always means decreasing the political influence of another.

• Blacks v. Hispanics in almost any large urban area

• Districts can be created to protect incumbents– Davis v. Bandemer, 1986

Page 38: by Loren Miller

Gerry-mander

Named after Elbridge Gerry, one of our founding fathers.

Page 39: by Loren Miller

Gerrymander

• A term used to describe a district that has been drawn in an unusual shape for political reasons

• “Gerrymander” has a negative connotation

• One person’s “gerrymander” is another’s “creatively drawn” district

Page 40: by Loren Miller

Gerrymander

• The key concept to grasp is that there are no neutral lines for legislative districts.

• “Gerrymandering is somewhat like pornography—you know it when you see it, but it’s awful difficult to define.“

Rep. Abner Mikva

Colbert Report, Gerrymandering

Page 41: by Loren Miller

Types of Gerrymander

• Cracking

• Packing

• Pairing

Page 42: by Loren Miller

Gerrymander: Type I

• Cracking

Page 43: by Loren Miller

Gerrymander: Type I

• Cracking

Page 44: by Loren Miller

Gerrymander: Type II

• Packing

• What would you consider to be a comfortable margin of victory for “your side”?

• Then your goal in drawing districts is to create as many districts as possible with this comfortable victory margin for “your side.”

Page 45: by Loren Miller

Gerrymander: Type II

• District 1

• Democrat 42% Republican 58%

• District 2

• Democrat 73% Republican 27%

Who Drew These Districts??

Democrats or Republicans

Page 46: by Loren Miller

Gerrymander: Type II

• In 1992, of Texas’ 30 representatives, there were 18 Democrats and 12 Republicans.

• The average margin of victory for the 18 Democrats was 58%.

• The average margin of victory for the 12 Republicans was 76%.

• Then federal judges ordered the redrawing of several districts.

Page 47: by Loren Miller

Gerrymander: Type II

• In 1996, of Texas’ 30 representatives, there were 17 Democrats and 13 Republicans.

• The average margin of victory for the 17 Democrats was 59%.

• The average margin of victory for the 13 Republicans was 66%.

Page 48: by Loren Miller

Gerrymander: Type III

• Pairing

• District 1District 2

Liberal Democrat Conservative

Democrat

Page 49: by Loren Miller

Gerrymander: Type III

• Pairing

New District 1New District 2

Liberal Democrat Conservative

Democrat

Page 50: by Loren Miller

Gerrymander: Type III

• Pairing

• District 1District 2

Liberal Democrat Liberal

Democrat

Page 51: by Loren Miller

Gerrymander: Type III

• Pairing

New District 1New District 2

Liberal Democrat Liberal

Democrat

Page 52: by Loren Miller

Ohio

Ohio lost two House seats so Republicans paired two Democrats who live over 120 miles apart

Page 53: by Loren Miller

Maryland

Create a majority Democratic district that encompasses the major media markets in the state so that the representative becomes well known enough to

run for the Senate.

Page 54: by Loren Miller

Ohio

Cracking Franklin County (Urban/Liberal) to create a majority Republican district

Page 55: by Loren Miller

North Carolina

College towns (Democratic) are packed.

Page 56: by Loren Miller

Illinois

Packing to create a majority Hispanic district and also save two Black representatives

Page 57: by Loren Miller

Utah

Cracking Salt Lake City to create a majority Republican district

Page 58: by Loren Miller

Michigan

Republicans packed as many minorities and Democratic voters into this downtown Detroit district

Page 59: by Loren Miller

Texas

Cracking of Travis County into Five Districts

Page 60: by Loren Miller

Gerrymandering in Action

Mostly

Democratic

Voters

Mostly

Republican

Voters

Page 61: by Loren Miller

Gerrymandering in Action

Mostly

Democratic

Voters

Mostly

Republican

Voters

Republican Plan2 Democrats

1 Republican

Page 62: by Loren Miller

Gerrymandering in Action

Mostly

Democratic

Voters

Mostly

Republican

Voters

Democratic Plan3 Democrats

0 Republicans

Page 63: by Loren Miller

Gerrymandering in Action

D D D D D D

D D D D D D

A A A A A A

A A A A A A

R R R R R R

R R R R R R

R R R R R R

Page 64: by Loren Miller

Gerrymandering in Action

D D D D D D

D D D D D D

A A A A A A

A A A A A A

R R R R R R

R R R R R R

R R R R R R

Democratic Plan3 Democratic

0 Republican

Page 65: by Loren Miller

Gerrymandering in Action

D D D D D D

D D D D D D

A A A A A A

A A A A A A

R R R R R R

R R R R R R

R R R R R R

Republican Plan1 Democratic

2 Republican

Page 66: by Loren Miller
Page 67: by Loren Miller

The Texas Redistricting Controversy 2001-2006

• The Texas Legislature was unable to reach agreement in 2001.

• A panel of three federal judges (two Republicans and one Democrat) drew the map and the map was upheld in court.

• Election Results:– 17 Democrats and 15 Republicans

• 5 Districts that were drawn to elect a Republican, instead elected a Democrat

Page 68: by Loren Miller

The Texas Redistricting Controversy 2001-2006

• Republicans: “Texas is a Republican state; “We deserve more seats in Congress.”

• Republicans hold every statewide office and a majority in each house of the Texas Legislature.

• Democrats hold a 17-15 edge in Texas’ congressional delegation

Page 69: by Loren Miller

The Texas Redistricting Controversy 2001-2006

• U.S. House Majority Leader Tom DeLay, R-Sugar Lane, argues that the congressional districts are unfairly draw to favor longtime (read Democratic) incumbents.

Page 70: by Loren Miller

The Texas Redistricting Controversy 2001-2006

• In the regular legislative session, House Democrats bolted to Oklahoma to deny a quorum.

• Governor Perry calls a special session and Senate Democrats bolt to New Mexico to deny a quorum.

Page 71: by Loren Miller

The Texas Redistricting Controversy 2001-2006

• Governor Perry calls for a second special session.

• One Democrat breaks rank which assures a quorum.

Page 72: by Loren Miller

The Texas Redistricting Controversy

Page 73: by Loren Miller

The Texas Redistricting Controversy 2011 Version

Page 74: by Loren Miller

If You’ve Got the Votes . . . .

Page 75: by Loren Miller

How Successful were the Republicans?

• Six Democratic incumbents were targeted for defeat and five were defeated for re-election.

• The average winning margin for Republicans was 66%; the average winning margin for Democrats was 71%.

Page 76: by Loren Miller

LULAC v. Perry, 2006

The 23rd District violates the Voting Rights Act because it discriminated against Hispanics.

Page 77: by Loren Miller

The Texas Redistricting Controversy 2011-2012

• Texas gained four seats after the 2010 census.

• Most of this population growth had been among the state’s minority populations.– Hispanics accounted for 65 percent of the

population growth– Hispanics, Blacks and Asians accounted for 90

percent of the growth

Page 78: by Loren Miller

The Texas Redistricting Controversy 2011-2012

• The Republican controlled state legislature drew maps that protected Republicans.

• This was challenged in court and a three judge panel found evidence of discrimination in violation of the Voting Rights Act and redrew several districts to benefit minorities.

Page 79: by Loren Miller

The Texas Redistricting Controversy 2011-2012

• Republicans challenged this in court stating that the redistricting was done to “advantage Republicans, not to disadvantage minorities.”

• In 2012 Republican congressional candidates captured 59 percent of the vote but captured 67 percent of the house seats.

• This fight is not over!

Page 80: by Loren Miller

Legal Qualifications• Texas House

– at least 21 years of age– a U.S. citizen– a registered voter– have lived in the state for 2 years and in the district for 1

year

• Texas Senate– at least 26 years of age– a U.S. citizen– a registered voter– Have lived in the state for 5 years and in the district for 1

year

Page 81: by Loren Miller

Practical Qualifications

• “Birthright Characteristics”– includes race, ethnicity, religion, and national

background• Legislators tend to represent their district

• Informal Qualifications– includes income, education, occupation, and

gender• Legislators tend not to represent their district

Page 82: by Loren Miller

Texas Legislature Over Time

House Senate

Page 83: by Loren Miller

“Along with bar rooms and bordellos, there has not been a more male-dominated institution . . . than the Texas legislature. These three worlds have a lot in

common, such as liquor, tobacco, money, fist fights, and, of course, politics. They are also arenas of male dominion and social bonding.”

Nancy Baker Jones, historian

Page 84: by Loren Miller

Good Old Boys . . . .

• In a debate about a park in West Texas, Representative Mike Hamilton (R, Mauriceville) interrupted Marisa Marquez and stated:

– “Young lady, would you please tell us why your mountains are better than any of our mountains, and are they man-made or are they real mountains?”

– 2011

Page 85: by Loren Miller

Texas Legislature Over Time

House Senate

Page 86: by Loren Miller

LIMITED SESSION

140 Day Session

Odd Numbered Years (only 4 states have biennial sessions)

Early January

Early June

Introduction of Bills (1 – 60)

“They really meant two days every 140 years!”

Page 87: by Loren Miller

LIMITED SESSION

140 Day Session

Odd Numbered Years

Early January

Early June

If a disputed bill passes at all,

when will it pass?

Role of Lobbyists

80% of the votes come in the last two weeks

Voting

Filing Deadline is 90 days

Page 88: by Loren Miller
Page 89: by Loren Miller

LIMITED SESSION

Rep. Bob Bullock described the thoughtful process by which he came to vote Yea or Nay on many a bill.

“I’d be settin’ there of a mornin’, hung over as hell, probably been to some lobby party the night before, and a friend would stop by my desk and ask, ‘Ya heard about of’ Joe’s bill?”

“I never wanted to let on that I knew no more about ol’ Joe’s bill than I do about quantum physics, so I’d nod, lookin’ as wise as a treefuol of owls, and he’d say, ‘Bad bill, bad bill.’ and I’d nod some more.

“Two minutes later, some freshman’d come by and ask me what I thought of ol’ Joe’s bill. I’d say ‘Bad bill, bad bill.’ And the two of us would vote against it without ever knowin’ what was in it.”

Page 90: by Loren Miller

If you ask the question, “Whose bill is it?” what you mean is, which lobby wrote it. If you want to know which legislator is sponsoring the bill, you ask, “Who’s carrying the bill?

Shows the influence of Lobbyists

Page 91: by Loren Miller

Who Gives and Who Receives?(millions)

2009

Page 92: by Loren Miller

“If you meet only occasionally, get paid little, and have weak staffs, you are at the disposal of the lobby because you have to go to them for information.”

Cal Jillson,political scientist

Page 93: by Loren Miller

Speaker of the House

• The Speaker is elected by a majority vote of the members of the House

– generally we know months before the session begins as to who will become speaker (chits)

– for many years the election was on a bipartisan basis

• Appoints the chairs of all committees and one half of the members of the committees

• Appoint all house members of conference committees

• Recognize (or not) members who wish to speak on the floor

• Break a tie vote

Page 94: by Loren Miller

Speaker of the House

• The Speaker’s role has changed over the years.

• Through the 1940s, Speakers served a single two-year term and then retired or sought higher office.

• From 1951 to 1975, most Speakers served one of two terms, but no more than two.

• Since 1975, Speakers have served multiple terms.– The position has changed from a rotating, largely honorary

position charged mainly with presiding over House debates to an office in which individual Speakers have wielded tremendous power and even control state policy.

Page 95: by Loren Miller

Lieutenant Governor

• Elected by the voters of the state and serves a four year term

• Powers are assigned by the rules of the senate which are adopted at the start of the session

– appoints all chairs of all committees– selects all of the members of all substantive committees– appoints senate members of conference committees– recognize (or not) members who wish to speak on the

floor– break a tie vote

Note: while the powers of the Lieutenant Governor are similar to those of the Speaker, they can be modified which means that the Lieutenant Governor must appease powerful senators

Page 96: by Loren Miller

The Team

• Supporters and close associates of the presiding officers are commonly known as “the team.”

• Legislators who support the winning candidate for Speaker, particularly if they signed on early and worked to build support, are usually rewarded with important committee assignments.

• Historically, “the team” has not been a strictly partisan group. Loyalty to the presiding officer is more important than your particular political party.

Page 97: by Loren Miller
Page 98: by Loren Miller

Lawmaking

• The first step in the process is the drafting of a bill. Who drafts most bills?

• Lobbyists• Executive Branch (Governor’s Office)• Members• Constituents

The Legislative Process

Page 99: by Loren Miller

Lawmaking

• The Texas Constitution requires three readings of a bill on the floor of each house.

• The first reading occurs when the bill is introduced when the clerk reads the bills caption, a short summary and the committee to which it is assigned.

Page 100: by Loren Miller

Lawmaking

• The bill is introduced, numbered, printed and then sent to a committee by the Speaker– the committee assignment may determine

whether the bill is passed or killed– there are approximately 40 standing

committees in the Texas House– the committee chair determines whether the

bill will be discussed or not• if discussed, then the committee may amend the bill

and will either issue a favorable or an unfavorable report

Page 101: by Loren Miller

Lawmaking

Committee Stage

Bill From House Floor

Appropriations28 Members

Business andEconomic Development

Criminal Justice

Health and Human Services Education

General Government

Page 102: by Loren Miller

GETTING BILLS TO THE FLOOR

• Local and Consent Calendar– legislation impacting only a limited

number of jurisdictions, consent bills and non-controversial resolutions.

• House Calendar Committee– controlled by the speaker– this is how the speaker controls the flow of

legislation

Page 103: by Loren Miller

House Calendar Committee

• The Calendar Committee has 30 days after receiving a bill to vote on placing the bill on the calendar for floor consideration.– After this period any member can place

a bill on a calendar by a majority vote (rarely done)

The Calendar Committee

Page 104: by Loren Miller

House Action

• When the bill comes up for consideration on the floor, it is given the second reading (usually just the caption).

• After the debate and amendment, a vote is taken for tentative approval. If passed, then the bill is given its third reading.

Page 105: by Loren Miller

LawmakingCommittees to Floor

Corrections AgricultureHigher

EducationEnergy

Resources

Calendars

House Floor

Controlled by the Speaker

To The Senate

Page 106: by Loren Miller

Informal Rules

• Don’t:– conceal the real purpose of a bill– deal in personalities in floor debate– be a thorn in the side of the majority by

refusing unanimous consent– speak on issues you know nothing about– seek publicity from the press to look good to

the people back home– talk to the press about decisions reached in

private

Page 107: by Loren Miller

Lawmaking

• The bill is referred to a committee by the Lieutenant Governor– the committee assignment may determine

whether the bill is passed or killed– there are approximately 20 standing

committees in the Texas Senate– the committee chair determines whether the

bill will be discussed or not• if discussed, then the committee may amend the bill

and will either issue a favorable or an unfavorable report

Page 108: by Loren Miller

GETTING BILLS TO THE FLOOR

• Senate, Suspension of the Rules– A dummy bill (not intended for floor action)

is introduced and numbered– To bypass the dummy bill, requires a 2/3’s

vote to be considered on the floor• A vote to suspend the rules

• Once the rules have been suspended, Senators may talk as long as they want to (filibuster)

– Bill Meier (1977) – 43 hours (state and national record)

Page 109: by Loren Miller

GETTING BILLS TO THE FLOOR

“The two-thirds rule protects the conservatives from wacky liberal bills, and it protects the liberals from wacky conservative bills.”

“It imposes adult behavior on people who might be otherwise inclined.”

Jeff Wentworth, State Senator R., San Antonio

Kel Seliger, State Senator, R., Amarillo

Page 110: by Loren Miller

How Do You Vote?

• Delegate– a representative who votes the way their

constituents would vote regardless of their own personal opinions

• Trustee– a representative who listens to constituents

opinions and then uses their best judgment in making a final decision

Page 111: by Loren Miller

Lawmaking

Conference Committee

House Bill Senate Bill

ConferenceCommittee

Page 112: by Loren Miller

Lawmaking

A New Bill

ConferenceCommittee

Report(New Bill)

HouseNo Amendments

Senate

Governor

Page 113: by Loren Miller

Bills and Resolutions• Bills:

– Special: makes an exception to laws for the benefit of a specific individual, class or corporation

– General: apply to all people or property in all parts of Texas

– Local: affects a single unit of local government

• Simple Resolution: (H.R. or S.R.)– Involves one chamber and is not sent to the governor– Requires a simple majority vote of members present– Affect only the chamber that is voting on the resolution– Includes rules for the house, invitations extended to

non-members to speak, etc.

Page 114: by Loren Miller

Bills and Resolutions

• Concurrent Resolution: (H.C.R or S.C.R.)– Adopted by a simple majority in each house and sent to

the governor for signature or veto– Demand information from a government agency,

establish a joint study committee, or grant permission to sue the state

• Joint Resolution: (H.J.R. or S.J.R.)– Requires approval by both houses but no action by the

governor– Used to propose constitutional amendments

Page 115: by Loren Miller

Where Does Texas Rank??

Category Year Rank

Per capita state government expenditure 2010 49

% of insured low income children 2010 50

Average consumer credit score 2010 49

Spending on state arts agencies 2010 43

Affordability of homeowners’ insurance 2013 47

% of population with health insurance 2013 50

# of high school graduates 25 and over 2010 50

Affordability of residential electric bill 2010 50

Page 116: by Loren Miller

Where Does Texas Rank??

Category Year Rank

Birth rate 2010 2

Amount of carbon dioxide emissions 2011 1

# of clean water permit violations 2011 1

Amount of hazardous waste generated 2011 1

% of population uninsured 2011 1

Spending per pupil 2014 46

% of low income children covered by Medicaid 2010 49

Per capita spending on mental health 2010 50

Page 117: by Loren Miller

Where Does Texas Rank??

Category Year Rank

Voter Turnout 2012 47

Women’s voter turnout 2012 49

Trust in their neighbors 2012 47

% who give to charities 2012 43

Citizens contact with public officials 2012 49

High school graduation rate 2010 43

Mean ACT test scores 2011 47

Income Poverty Rate 2013 39

Page 118: by Loren Miller

Where Does Texas Rank??

Category Year Rank

Sales tax dependence 2011 2

Overall birth rate 2010 2

Teenage birth rate 2010 3

Amount of exposure to ozone pollution 2010 4

# of hazardous chemical spills 2005 2

Unbanked Households 2013 50

Average Teacher’s Salary 2014 35

Page 119: by Loren Miller

TEXAS MAJOR STATE AND LOCAL TAXES AS A PERCENTAGE OF HOUSEHOLD INCOME

Lower Income

Lower Middle

Middle Income

Upper Middle

Upper Income

Sales Tax 5.9% 3.5% 2.8% 2.6% 1.8%

Gas Tax 0.8% 0.5% 0.4% 0.3% 0.2%

Motor Vehicle

Tax0.7% 0.5% 0.5%

0.4% 0.3%

Local Property

Tax4.7% 2.7% 2.3% 2.3% 2.0%

Texas State Comptroller, 2007

Page 120: by Loren Miller

A State Income Tax?

• Texas is one of only seven states that does not have a state income tax.

• Because Texas relies very heavily on the sales tax and the property tax for revenue, during periods of economic recession state revenues take a tumble.– This is when some politicians talk (very softly)

about a state income tax

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Who Would Run??

• Someone who is independently wealthy – per diem pushes the compensation to

approximately $30,000/yr• Someone who is self-employed• Someone who would benefit from added name

recognition– such as a lawyer or a realtor

• Someone who wants to use this office as a stepping-stone to another office

• Someone who wants to become a lobbyist

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Legislative Salaries in the Ten Most Populous States

State Annual Salary

Per Diem Retirement

California $95,291 $142/day None

Texas $7,200 $150/day High

New York $79,500 $171/day Medium

Florida $29,687 $131/day Medium

Pennsylvania $82,026 $159/day Medium

Illinois $67,836 $111/day High

Ohio $60,584 None Medium

Michigan $71,685 $10,800/yr Medium

North Carolina $13,951 $104/day Low

Georgia $17,342 $173/day Low2012

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Legislatures Staffed with Professionals

(full-time, well-staffed, well-paid)

California

Florida

Illinois

Massachusetts

Michigan

New Jersey

New York

Ohio

Pennsylvania

Wisconsin

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TURNOVER (1971-2012)

Texas House ranged from 7% to 51%(29% in 2012)

Texas Senate ranged from 3% to 45%(16% in 2012)

Compare to Congress

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AVERAGE YEARS OF EXPERIENCE

HOUSE 12

SENATE 14

2013

With high turnover the new members are learning the rules and finding their way. The allows the few “old timers” to

control the legislative process.

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“For state government to work, three people have to work

together, and they have to work well together—the governor, the

lieutenant governor and the speaker.”

Pete Gallego, state representative, D., Alpine

Power of Lt. Governor

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“A speaker who uses the office fully can virtually

determine what does and what does not become law in

Texas.”

Ben Barnes, former speaker of the Texas House

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“No man’s life, liberty, or property is safe while the legislature is in session.”

Texas proverb