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
Copyright 2003 © Texas House of Representatives
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