Chapter 7 – Legislatures

Key terms, concepts, structures, and cases related to state legislatures, policymaking, redistricting, and the lawmaking process in Texas.

Special Legislative Session

A session called outside the regular legislative schedule, often to address urgent issues; in 2023, Texas held four special sessions with limited success on school safety and vouchers.

State Legislature

The primary policymaking body at the state level responsible for lawmaking, budgeting, oversight, and representation.

Principal-Agent Model

A framework describing how legislatures (principals) delegate authority to executive agencies (agents) to implement and enforce laws.

Oversight

The process by which legislatures monitor executive agencies to ensure laws are properly implemented and public funds are used efficiently.

Bureaucratic Drift

When executive agencies implement policies that deviate from the legislature’s original intent.

Lawmaking

The drafting, debating, amending, and passing of bills that become state laws once signed by the governor or passed over a veto.

Budgeting

The process of allocating state funds and setting financial priorities through appropriations and tax policy.

Representation

Legislators acting on behalf of their constituents by addressing concerns, providing assistance, and ensuring their voices are heard in policymaking.

Intergovernmental Relations

The coordination between state, federal, and local governments to manage overlapping policy areas and responsibilities.

Constituent Services

Actions taken by legislators to help individuals navigate state services or solve issues involving government agencies.

State Auditor

An elected or appointed official who evaluates the performance and financial integrity of state agencies to ensure accountability.

Legislative Committees

Subgroups in the legislature that specialize in reviewing, amending, and debating proposed bills before sending them to the full chamber.

Information Asymmetry

When executive agencies have more detailed information about policy implementation than the legislature, complicating oversight.

Sanctions and Incentives

Tools legislatures use to correct or reward agency behavior, such as budget cuts for poor performance or funding increases for compliance.

State Legislator Demographics

The socioeconomic and demographic characteristics of state lawmakers; generally older, wealthier, and more educated than the general population.

Descriptive Representation

When legislators physically or demographically resemble their constituents.

Substantive Representation

When legislators act in the interests of their constituents, regardless of shared demographic traits.

Redistricting

The redrawing of electoral district boundaries every ten years to reflect population changes and ensure equal representation.

Gerrymandering

The manipulation of district lines to favor a political party or group.

Cracking

Dividing a voting group across multiple districts to dilute its influence.

Packing

Concentrating a voting group into one district to reduce its impact elsewhere.

Racial Gerrymandering

Drawing district lines to weaken or concentrate the voting power of racial minorities, potentially violating the Voting Rights Act.

Affirmative Racial Gerrymandering

Drawing districts to increase minority representation; constitutional unless it is done primarily based on race.

Majority-Minority District

A district where a racial or ethnic minority makes up a majority of the population, designed to enhance representation.

Baker v. Carr (1962)

Supreme Court case allowing federal courts to intervene in redistricting cases, establishing the principle of “one person, one vote.”

Reynolds v. Sims (1964)

Supreme Court case requiring all state legislative districts to have roughly equal populations.

Shaw v. Reno (1993)

Supreme Court ruling that race cannot be the predominant factor in drawing legislative districts.

Miller v. Johnson (1995)

Reinforced that race can be considered in redistricting but cannot dominate the process.

Bicameral Legislature

A legislature with two chambers, typically a Senate and House of Representatives or Assembly.

Unicameral Legislature

A legislature with one chamber; Nebraska is the only state with this system.

Term Limits

Restrictions on how many terms legislators can serve, intended to promote turnover and new perspectives.

Presiding Officer

The leader of a legislative chamber; usually the Speaker of the House or the Lieutenant Governor in the Senate.

Standing Committees

Permanent committees in the legislature that handle specific areas such as education, health, or finance.

Regular Session

The standard legislative session where laws are proposed and budgets approved; in Texas, held biennially for 140 days.

Special Session

A session called by the governor or leadership to address specific issues outside the regular session.

Conference Committee

A committee formed to reconcile differences between House and Senate versions of a bill.

Governor’s Options for Bills

The governor can sign a bill, allow it to become law without signing, or veto it.

Veto Override

The legislature can override a governor’s veto with a two-thirds vote in both chambers.

How a Bill Becomes a Law (Texas)

Bills go through readings, committee review, debate, votes in both chambers, and then to the governor for approval or veto.

Legislative Gridlock

A situation where conflict between chambers or parties prevents legislation from passing.

Interchamber Relations

The interaction and negotiation between a state’s House and Senate to advance legislation.

Bureaucratic Oversight Tools

Hearings, audits, reports, and confirmations used by legislatures to monitor executive agencies.

State Autonomy

The ability of states to innovate policies and act as “laboratories of democracy” within the federal system, as described by Justice Brandeis.

Partisan Control

The extent to which one political party dominates a state’s legislature, influencing redistricting, budgeting, and policy outcomes.

Conclusion

State legislatures are central to policymaking, balancing lawmaking, oversight, representation, and cooperation with other branches to serve their constituents.