texas how bills become law
TRANSCRIPT
-
8/6/2019 Texas How Bills Become Law
1/24
5/30/2011 1
Texas State LegislatureTexas State Legislature
How Bills Become LawHow Bills Become Law Introduction in the House or Senate. InIntroduction in the House or Senate. In
2007 (typical) 802007 (typical) 80thth session lawmakers filedsession lawmakers filed5,841 and 1,651 became law.5,841 and 1,651 became law.
After 60 days, need 4/5s of quorum toAfter 60 days, need 4/5s of quorum tointroduce. Clerk or Secretary numbersintroduce. Clerk or Secretary numberseach billeach bill..
-
8/6/2019 Texas How Bills Become Law
2/24
5/30/2011 2
11stst
Reading of a BillReading of a Bill Texas Constitution requires 3 readingsTexas Constitution requires 3 readings
No bill shall have the force of a law,No bill shall have the force of a law,until it has been read on three severaluntil it has been read on three severaldays in each House, and free discussiondays in each House, and free discussionallowed thereon...allowed thereon...
-
8/6/2019 Texas How Bills Become Law
3/24
5/30/2011 3
11stst
Reading of a BillReading of a Bill Can be suspended in cases ofCan be suspended in cases ofimperative public necessity whenimperative public necessity whenlanguage included in the preamble of alanguage included in the preamble of a
bill, and when 4/5s of each House votesbill, and when 4/5s of each House votesto do so.to do so.
To circumvent this burden of readingTo circumvent this burden of readingthe whole bill 3 times in each House ...the whole bill 3 times in each House ...
now read caption only before referral tonow read caption only before referral tocommittee!committee!
-
8/6/2019 Texas How Bills Become Law
4/24
5/30/2011 4
Legislature Committees...Legislature Committees... Committee typesCommittee types
StandingStanding
Select/ad hocSelect/ad hoc
JointJoint
Conference (a specific type of select or ad hocConference (a specific type of select or ad hoc
committee)committee) InterimInterim
-
8/6/2019 Texas How Bills Become Law
5/24
5/30/2011 5
43 House Committees43 House Committees -- 20092009 Agriculture & LivestockAgriculture & Livestock AppropriationsAppropriations
Border & International AffairsBorder & International Affairs
Business & IndustryBusiness & Industry
CalendarsCalendars
Civil PracticesCivil Practices
CorrectionsCorrections
County AffairsCounty Affairs
Criminal JurisprudenceCriminal Jurisprudence
Culture, Recreation, & TourismCulture, Recreation, & Tourism
Defense Affairs & StateDefense Affairs & State--Federal RelationsFederal Relations
Economic DevelopmentEconomic Development
Election Contests, SelectElection Contests, Select
ElectionsElections
Energy ResourcesEnergy Resources
Environmental RegulationEnvironmental Regulation
Financial InstitutionsFinancial Institutions
General Investigating & EthicsGeneral Investigating & Ethics
Government ReformGovernment Reform
Higher EducationHigher Education
House AdministrationHouse Administration
Human ServicesHuman Services InsuranceInsurance
JudiciaryJudiciary
Juvenile Justice & Family IssuesJuvenile Justice & Family Issues
Land & Resource ManagementLand & Resource Management
Law EnforcementLaw Enforcement
Licensing & Administrative ProceduresLicensing & Administrative Procedures
Local & Consent CalendarsLocal & Consent Calendars
Local Government Ways & MeansLocal Government Ways & Means Natural ResourcesNatural Resources
Pensions & InvestmentsPensions & Investments
Property Tax Relief, SelectProperty Tax Relief, Select
Public EducationPublic Education
Public Education Reform, SelectPublic Education Reform, Select
Public HealthPublic Health
RedistrictingRedistricting
Regulated IndustriesRegulated Industries Rules & ResolutionsRules & Resolutions
State AffairsState Affairs
TransportationTransportation
Urban AffairsUrban Affairs
Ways & MeansWays & Means
-
8/6/2019 Texas How Bills Become Law
6/24
5/30/2011 6
House Committee ActionHouse Committee Action Bill may not usually live without committeeBill may not usually live without committeeapproval.approval.
House committees created & controlled byHouse committees created & controlled by
the Speaker.the Speaker. How Members selected? All assigned byHow Members selected? All assigned by
speaker. Appoints all chairs & vice chairs.speaker. Appoints all chairs & vice chairs.
Can serve on 2 standing committees and 1Can serve on 2 standing committees and 1procedural committeeprocedural committee
-
8/6/2019 Texas How Bills Become Law
7/24
5/30/2011 7
Senate CommitteesSenate Committees Senate committees and membershipSenate committees and membership
created by the Lt. Governor.created by the Lt. Governor.
-
8/6/2019 Texas How Bills Become Law
8/24
5/30/2011 8
17 Senate committees17 Senate committees -- 20072007 AdministrationAdministration Business & CommerceBusiness & Commerce
S/C on EmergingS/C on EmergingTechnologies & EconomicTechnologies & EconomicDev.Dev.
Committee of the Whole SenateCommittee of the Whole Senate Criminal JusticeCriminal Justice EducationEducation Education Reform & PublicEducation Reform & Public
School Finance, SelSchool Finance, Sel S/C on Higher EducationS/C on Higher Education
FinanceFinance S/C on Capital Funding forS/C on Capital Funding for
Higher EducationHigher Education Government OrganizationGovernment Organization
Health & Human ServicesHealth & Human Services Intergovernmental RelationsIntergovernmental Relations International Relations & TradeInternational Relations & Trade JurisprudenceJurisprudence Natural ResourcesNatural Resources
S/C on Ag., Rural Affairs &S/C on Ag., Rural Affairs &Coastal ResourcesCoastal Resources
S/C on Agriculture & CoastalS/C on Agriculture & CoastalResourcesResources
NominationsNominations State AffairsState Affairs Transportation & HomelandTransportation & Homeland
SecuritySecurity Veteran Affairs & MilitaryVeteran Affairs & Military
InstallationsInstallations S/C on Base RealignmentS/C on Base Realignment
and Closureand Closure
-
8/6/2019 Texas How Bills Become Law
9/24
5/30/2011 9
Committee hearingsCommittee hearings Open Meetings Act applies to any officialOpen Meetings Act applies to any official
action, including voting. 24 hour notice.action, including voting. 24 hour notice.
Public testimony taken in hearingsPublic testimony taken in hearings
Subcommittees & subjectSubcommittees & subject--mattermatter--expertsexperts
-
8/6/2019 Texas How Bills Become Law
10/24
5/30/2011 10
CommitteesCommittees
Quorum requirementQuorum requirement
Records requirementRecords requirement
Fiscal note attached to each bill beforeFiscal note attached to each bill beforehearing & LBB notified.hearing & LBB notified.
Decision by simple majority vote.Decision by simple majority vote.
-
8/6/2019 Texas How Bills Become Law
11/24
5/30/2011 11
Committee reportsCommittee reports
Committee may do nothing with a bill!Committee may do nothing with a bill!
But to lo live, bill must have a report!But to lo live, bill must have a report!
If no report, bill is dead, unless dischargeIf no report, bill is dead, unless dischargepetition obtained.petition obtained.
1st76 days need 2/3s signatures of House1st76 days need 2/3s signatures of House(100) or Senate (21)(100) or Senate (21)
Next64 days need simple majority of HouseNext64 days need simple majority of House(76) or Senate (16)(76) or Senate (16)
-
8/6/2019 Texas How Bills Become Law
12/24
5/30/2011 12
Committee reportsCommittee reports
Report containsReport contains Bill's purpose, analysis, hearing summary,Bill's purpose, analysis, hearing summary,
fiscal note, vote.fiscal note, vote.
Report types: Favorable, Unfavorable,Report types: Favorable, Unfavorable,Failure to recommend, Amended bill,Failure to recommend, Amended bill,Committee substituteCommittee substitute
-
8/6/2019 Texas How Bills Become Law
13/24
5/30/2011 13
House Calendar committeesHouse Calendar committees Chief clerk delivers House bill reported out ofChief clerk delivers House bill reported out of
standing committee to Calendars Committee forstanding committee to Calendars Committee for22ndnd reading consideration.reading consideration.
Calendars committees controls order bills &Calendars committees controls order bills &resolutions presented or if they are presented toresolutions presented or if they are presented tomembership at all! If any Member objects, billmembership at all! If any Member objects, billnever scheduled, unless Speaker intervenes.never scheduled, unless Speaker intervenes.
Bill must have spot within 7 days of receiving billBill must have spot within 7 days of receiving billor it is dead! 400 died in 91 & typical.or it is dead! 400 died in 91 & typical.
-
8/6/2019 Texas How Bills Become Law
14/24
5/30/2011 14
House Calendar typesHouse Calendar types Emergency, like disaster reliefEmergency, like disaster relief
Major state: bills with statewide impact.Major state: bills with statewide impact.
Constitutional amendmentConstitutional amendment
General State: bills with more than 1General State: bills with more than 1county impact.county impact.
Local, Consent & Resolutions: bills thatLocal, Consent & Resolutions: bills that
impact1 county only & nonimpact1 county only & non--controversial.controversial.
Congratulatory & Memorial Resolutions.Congratulatory & Memorial Resolutions.
-
8/6/2019 Texas How Bills Become Law
15/24
5/30/2011 15
Second readingSecond reading
DebateDebate -- amendment considerationamendment considerationby simple majority voteby simple majority vote
Vote on entire bill by simpleVote on entire bill by simplemajority vote. Otherwise bill is dead.majority vote. Otherwise bill is dead.
One finger means yesOne finger means yes
Two fingers mean no.Two fingers mean no.
-
8/6/2019 Texas How Bills Become Law
16/24
5/30/2011 16
Third readingThird reading
Third readingThird reading
A. DebateA. Debate -- amendment consideration is byamendment consideration is by
2/3s majority2/3s majority B. Vote on entire bill is by simple majority ...B. Vote on entire bill is by simple majority ...
otherwise bill is dead.otherwise bill is dead.
-
8/6/2019 Texas How Bills Become Law
17/24
5/30/2011 17
Senate ActionSenate Action
Same basic process as in House, but Same basic process as in House, but
Tag means senator can postponeTag means senator can postponehearing on bill due to not receiving 48hearing on bill due to not receiving 48
hour notice. Defeats bill.hour notice. Defeats bill.
Filibuster record: Sen. Bill Meier spokeFilibuster record: Sen. Bill Meier spoke43 hours. Train wreck! Protects43 hours. Train wreck! Protects
minority. No cloture in Texas!minority. No cloture in Texas!
-
8/6/2019 Texas How Bills Become Law
18/24
5/30/2011 18
Senate ActionSenate Action
For House bill unaltered by Senate For House bill unaltered by Senate
Legislative Council;Legislative Council;
Enrollment;Enrollment; Comptroller;Comptroller;
then Governorthen Governor
-
8/6/2019 Texas How Bills Become Law
19/24
5/30/2011 19
Senate Action ....Senate Action ....
For House bill amended by Senate For House bill amended by Senate
Vote on amendment by simple majorityVote on amendment by simple majority
If House agrees:If House agrees:
Legislative Council; Enrollment;Legislative Council; Enrollment;Comptroller; GovernorComptroller; Governor
If do not agree with amendments, forIf do not agree with amendments, forbill to live ... it must be acted on by abill to live ... it must be acted on by aConference Committee.Conference Committee.
-
8/6/2019 Texas How Bills Become Law
20/24
5/30/2011 20
Conference committee (a type of select)Conference committee (a type of select)
Request for a conference committee.Request for a conference committee.
Must come from the house of origin.Must come from the house of origin.
Speaker & Lt. Gov must want it, thenSpeaker & Lt. Gov must want it, thensimple majority vote of each house.simple majority vote of each house.
If do not obtain either, bill is dead.If do not obtain either, bill is dead.
10 Members,5 each appointed by the10 Members,5 each appointed by theSpeaker & Lt. Governor.Speaker & Lt. Governor.
-
8/6/2019 Texas How Bills Become Law
21/24
5/30/2011 21
Conference Committee Duties Conference Committee Duties
Committee can only resolve issuesCommittee can only resolve issuesin dispute.in dispute.
Must issue report for bill to live.Must issue report for bill to live.
House & Senate must vote up orHouse & Senate must vote up ordown only ... no more amendments!down only ... no more amendments!
If both houses vote for by majority,If both houses vote for by majority,
then sent to Legislative Counsel,then sent to Legislative Counsel,enrolled, then sent to comptroller.enrolled, then sent to comptroller.
-
8/6/2019 Texas How Bills Become Law
22/24
5/30/2011 22
Governors Action on Bill ...Governors Action on Bill ... When Legislature in session,Texas governorWhen Legislature in session,Texas governor
has 10 days to act.has 10 days to act.
If signs or does not sign bill (no pocket veto),If signs or does not sign bill (no pocket veto),
it is registered with Secretary of State as law.it is registered with Secretary of State as law. Bill becomes law 90 days after the session ...Bill becomes law 90 days after the session ...
unless it is an emergency or appropriationunless it is an emergency or appropriationbill.bill.
Veto (or threat of veto) is governors majorVeto (or threat of veto) is governors majorbargaining power with a legislature!bargaining power with a legislature!
-
8/6/2019 Texas How Bills Become Law
23/24
5/30/2011 23
Veto by Texas Governor...Veto by Texas Governor...
If governor vetoes when Legislature inIf governor vetoes when Legislature insession, governor sends bill & messagesession, governor sends bill & messageto the House of origin.to the House of origin.
Legislature must obtain 2/3s vote to overLegislature must obtain 2/3s vote to over--ride in both houses.ride in both houses.
When Texas Legislature goes out ofWhen Texas Legislature goes out ofsession, the Governor has 20 days tosession, the Governor has 20 days to
veto.veto.Veto overVeto over--ride proof since Legislature notride proof since Legislature not
in session.in session.
-
8/6/2019 Texas How Bills Become Law
24/24
5/30/2011 24
Item Veto & ReformItem Veto & Reform
Item veto only appropriations bill.Item veto only appropriations bill.
Line item (43 states including Texas).Line item (43 states including Texas).
Problems Problems Weapon against oppositionWeapon against opposition
Counterattack governor by packing a line.Counterattack governor by packing a line.