How A Bill Becomes A Law

                    The Legislative Branch of Government
                    The Texas Constitution divides state government into three separate but equal branches: the executive
                    branch, headed by the governor; the judicial branch, which consists of the Texas Supreme Court and
                    all state courts; and the legislative branch, headed by the Texas Legislature, which includes the 150
                    members of the house of representatives and the 31 members of the state senate.

                    Members of the house of representatives are elected to two-year terms and represent districts of
                    about 113,000 people each. Senators serve four-year terms and serve about 550,000 people each.

                    The legislature meets every odd-numbered year to write new laws and to find solutions to the
                    problems facing the state. This meeting time, which begins on the second Tuesday in January and lasts
                    140 days, is called the regular session. The governor can direct the legislature to meet at other times
                    also. These meetings, called special sessions, can last no more than 30 days and deal only with issues
                    chosen by the governor.

                    On the first day of each regular session, the 150 members of the house of representatives choose one
                    of their members to be the speaker of the house. The speaker is the presiding officer of the house. He
                    or she maintains order, recognizes members to speak during debate, and rules on procedural matters.

                    The speaker also appoints the chairs and vice chairs of the committees that study legislation and
                    decides which other representatives will serve on those committees, subject to seniority rules. There
                    are 31 committees, each of which deals with a different subject area, and five committees that deal
                    with procedural or administrative matters for the house. Most members serve on two or three
                    different committees.

                    In the senate, the presiding officer is the lieutenant governor, who is not actually a member of the
                    senate. The lieutenant governor is the second-highest ranking officer of the executive branch of
                    government and, like the governor, is chosen for a four-year term by popular vote in a statewide
                    election.

                    The first thing that the speaker of the house and the lieutenant governor ask their respective houses of
                    the legislature to do is to decide on the rules that the legislators will follow during the session. Some
                    legislative procedures are provided for in the state constitution, but additional rules can be adopted by
                    a house of the legislature if approved by a majority vote of its members.

                    Once rules have been adopted, the legislature begins to consider bills.

                    Introducing a Bill
                    A representative or senator gets an idea for a bill by listening to the people he or she represents and
                    then working to solve their problem. A bill may also grow out of the recommendations of an interim
                    committee study conducted when the legislature is not in session. The idea is researched to determine
                    what state law needs to be changed or created to best solve that problem. A bill is then written by the
                    legislator, often with legal assistance from the Texas Legislative Council, a legislative agency which
                    provides bill drafting services, research assistance, computer support, and other services for
                    legislators.

                    Once a bill has been written, it is introduced by a member of the house or senate in the member's own
                    chamber. Sometimes, similar bills about a particular issue are introduced in both houses at the same
                    time by a representative and senator working together. However, any bill increasing taxes or raising
                    money for use by the state must start in the house of representatives.

                    House members and senators can introduce bills on any subject during the first 60 calendar days of a
                    regular session. After 60 days, the introduction of any bill other than a local bill or a bill related to an
                    emergency declared by the governor requires the consent of at least four-fifths of the members
                    present and voting in the house or four-fifths of the membership in the senate.

                    After a bill has been introduced, a short description of the bill, called a caption, is read aloud while the
                    chamber is in session so that all of the members are aware of the bill and its subject. This is called the
                    first reading, and it is the point in the process where the presiding officer assigns the bill to a
                    committee. This assignment is announced on the chamber floor during the first reading of the bill.

                    The Committee Process
                    The chair of each committee decides when the committee will meet and which bills will be considered.
                    The house rules permit a house committee or subcommittee to meet: (1) in a public hearing where
                    testimony is heard and where official action may be taken on bills, resolutions, or other matters; (2) in
                    a formal meeting where the members may discuss and take official action without hearing public
                    testimony; or (3) in a work session for discussion of matters before the committee without taking
                    formal action. In the senate, testimony may be heard and official action may be taken at any meeting
                    of a senate committee or subcommittee. Public testimony is almost always solicited on bills, allowing
                    citizens the opportunity to present arguments on different sides of an issue.

                    A house committee or subcommittee holding a public hearing during a legislative session must post
                    notice of the hearing at least five calendar days before the hearing during a regular session and at least
                    24 hours in advance during a special session. For a formal meeting or a work session, written notice
                    must be posted and sent to each member of the committee two hours in advance of the meeting or an
                    announcement must be filed with the journal clerk and read while the house is in session. A senate
                    committee or subcommittee must post notice of a meeting at least 24 hours before the meeting.

                    After considering a bill, a committee may choose to take no action or may issue a report on the bill.
                    The committee report, expressing the committee's recommendations regarding action on a bill,
                    includes a record of the committee's vote on the report, the text of the bill as reported by the
                    committee, a detailed bill analysis, and a fiscal note or other impact statement, as necessary. The
                    report is then printed, and a copy is distributed to every member of the house or senate.

                    In the house, a copy of the committee report is sent to either the Committee on Calendars or the
                    Committee on Local and Consent Calendars for placement on a calendar for consideration by the full
                    house. In the senate, local and noncontroversial bills are scheduled for senate consideration by the
                    Senate Administration Committee. All other bills in the senate are placed on the regular order of
                    business for consideration by the full senate in the order in which the bills were reported from senate
                    committee. A bill on the regular order of business may not be brought up for floor consideration
                    unless the senate sponsor of the bill has filed a written notice of intent to suspend the regular order of
                    business for consideration of the bill.

                    Floor Action
                    When a bill comes up for consideration by the full house or senate, it receives its second reading. The
                    bill is read, again by caption only, and then debated by the full membership of the chamber. Any
                    member may offer an amendment, but it must be approved by a majority of the members present and
                    voting to be adopted. The members then vote on whether to pass the bill. The bill is then considered
                    by the full body again on third reading and final passage. A bill may be amended again on third
                    reading, but amendments at this stage require a two-thirds majority for adoption. Although the Texas
                    Constitution requires a bill to be read on three separate days in each house before it can have the
                    force of law, this constitutional rule may be suspended by a four-fifths vote of the house in which the
                    bill is pending. The senate routinely suspends this constitutional provision in order to give a bill an
                    immediate third reading after its second reading consideration. The house, however, rarely suspends
                    this provision, and third reading of a bill in the house normally occurs on the day following its second
                    reading consideration.

                    In either house, a bill may be passed on a voice vote or a record vote. In the house, record votes are
                    tallied by an electronic vote board controlled by buttons on each member's desk. In the senate,
                    record votes are taken by calling the roll of the members.

                    If a bill receives a majority vote on third reading, it is considered passed. When a bill is passed in the
                    house where it originated, the bill is engrossed, and a new copy of the bill which incorporates all
                    corrections and amendments is prepared and sent to the opposite chamber for consideration. In the
                    second house, the bill follows basically the same steps it followed in the first house. When the bill is
                    passed in the opposite house, it is returned to the originating chamber with any amendments that have
                    been adopted simply attached to the bill.

                    If a bill is returned to the originating chamber without amendments, it is put in final form, signed by the
                    speaker and lieutenant governor, and sent to the governor.

                    Action on the Other House's Amendments and Conference Committees
                    If a bill is returned to the originating chamber with amendments, the originating chamber can either
                    agree to the amendments or request a conference committee to work out differences between the
                    house version and the senate version. If the amendments are agreed to, the bill is put in final form,
                    signed by the presiding officers, and sent to the governor.

                    Conference committees are composed of five members from each house appointed by the presiding
                    officers. Once the conference committee reaches agreement, a conference committee report is
                    prepared and must be approved by at least three of the five conferees from each house. Conference
                    committee reports are voted on in each house and must be approved or rejected without amendment.
                    If approved by both houses, the bill is signed by the presiding officers and sent to the governor.

                    Governor's Action
                    Upon receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become
                    law without a signature. If the governor vetoes the bill and the legislature is still in session, the bill is
                    returned to the house in which it originated with an explanation of the governor's objections. A
                    two-thirds majority in each house is required to override the veto. If the governor neither vetoes nor
                    signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of
                    final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or
                    allow it to become law without a signature.

                    Constitutional Amendments
                    Proposed amendments to the Texas Constitution are in the form of joint resolutions instead of bills
                    and require a vote of two-thirds of the entire membership in each house for adoption. Joint resolutions
                    are not sent to the governor for approval, but are filed directly with the secretary of state. A joint
                    resolution proposing an amendment to the Texas Constitution does not become effective until it is
                    approved by Texas voters in a general election.

                    More Detailed Information on the Steps in the Legislative Process
 
 
 

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