Texas Government: Legislature, Executive & Judiciary

Legislature in Texas

Texas Constitution (Article III) establishes the legislature; complies with U.S. Constitution’s guarantee of a “republican form of government.”
Bicameral structure (modeled on U.S. Congress) → Texas House of Representatives + Texas Senate.
Membership & terms
- House: $150$ members, serve $2$ -year terms.
- Senate: $31$ members, serve $4$ -year terms.
Regular sessions
- Occur every odd-numbered year.
- Length = $140$ days (biennial).
Special sessions
- Called only by the governor.
- Max length = $30$ days.
- Agenda set exclusively by governor; unlimited number may be called.
Elections
- Held in November of even-numbered years for both chambers.
- Scheduling in off-presidential years helps insulate state races from presidential-election bias.

Bicameralism: Rationale & Drawbacks

Pros
- Forces each chamber to approve identical language → independence of thought; checks concentration of power.
- Author of a bill may accept/reject amendments added by the opposite chamber; refusal kills bill.
Cons (Retaliation)
- Members can block “local & consent calendar” bills (reserved for uncontroversial/local measures) to punish colleagues.

Sessions Defined

Regular Session = $140$ days in odd years.
Special Session = governor-driven $30$ -day agenda; no topic creep allowed.

Representation: Districts & Requirements

Single-Member Districts → 1 legislator per district.
- House district pop ≈ $194{,}000$ .
- Senate district pop ≈ $940{,}000$ .
Qualifications
- Senate: $26$ yrs old, U.S. citizen, $5$ yrs in TX, $1$ yr in district.
- House: $21$ yrs old, U.S. citizen, $2$ yrs in TX, $1$ yr in district.
Constituent = person represented by elected official.
Constituent services (non-legislative): letters of rec, speeches, community problem-solving.

Redistricting & One-Person-One-Vote

Redrawn every $10$ yrs after census.
Goal: equal population per district (“one person, one vote”).
Gerrymandering: manipulating boundaries to ensure partisan or demographic advantage.

Bills & Resolutions

Bill = proposed law filed by legislator (only revenue bills must start in House).
Types of Bills
- Local Bill (affects specific city/county).
- Special Bill (gives exemption to person/corp).
- General Bill (statewide application).
- Companion Bills: identically filed in both chambers for speed.
Resolutions (expressions of opinion)
- Concurrent Resolution → must pass both chambers & be signed by governor.
- Joint Resolution → constitutional amendments; passes both chambers, no governor signature.
- Simple Resolution → internal chamber matters (e.g., hiring).

Legislative Powers (Non-legislative)

Electoral (counting governor/LG election returns).
Investigative.
Directive/Supervisory (oversight of executive agencies & appropriations).
Judicial (House impeachment, Senate conviction).

How a Bill Becomes Law (Texas)

Introduction — filed with House clerk or Senate secretary.
Referral — Speaker (House) or Lt. Governor (Senate) sends to standing committee.
Committee Action — hear, amend, kill (pigeonholing = burying on schedule).
Floor Action — Calendars Committee schedules debate; House debate timed (≈ $10$ min per member), Senate unlimited.
Conference Committee — reconcile House/Senate versions.
Final Passage — both chambers vote on compromise.
Governor
- Sign, veto, or do nothing (→ law after $10$ days; $20$ days if session has <10 days left).
- Post-adjournment veto — after legislature leaves; can’t be overridden.
- Line-item veto — strike specific $\text{budget}$ lines.

Override requires $\tfrac{2}{3}$ vote in each chamber (rare: only $2$ overrides in $70$ yrs).

Debate Tactics

Filibuster (Senate only)
- Rules: no eating/drinking, must stand unaided, must speak on topic, audible voice.
- Useful near day $140$ to kill bills.
Chubbing (House/Senate) → prolonged debate on multiple bills to slow calendar.

Key Legislative Leaders

Speaker of the House (elected by members at session start)
- Sets agenda, recognizes members, assigns committees.
Lieutenant Governor (statewide-elected, $4$ -yr term)
- Presides over Senate; votes only to break ties.
- Powers: rule interpretation, bill referral, committee appointments, recognize speakers, tie-breaking.
President Pro Tempore — senator elected to act when LG absent.

Executive Branch Overview

Texas = “plural executive.” 7 major offices:
1. Governor (only one appointed office below is Sec. of State).
2. Lieutenant Governor.
3. Attorney General.
4. Comptroller of Public Accounts.
5. Commissioner of the General Land Office.
6. Commissioner of Agriculture.
7. Secretary of State (appointed).

Governor

Qualifications: $30$ yrs, U.S. citizen, $5$ yrs resident.
Term: $4$ yrs; no term limit.
Powers
- Sign/veto (incl. line-item), call special sessions.
- Message power (State of the State).
- Appointments (boards, commissions) → patronage.
- Clemency (with Board of Pardons & Paroles).
- Commander-in-chief of state National Guard (when not federalized); declares martial law.
- Budget suggestions (executive budget) vs. Legislative Budget Board budget.
- Removal: impeachment by House, conviction by Senate.
- Senatorial courtesy: seeks senator approval for appointee’s home district.

Other Statewide Executives

Lieutenant Governor — detailed above; part of Legislative Redistricting Board, Audit Committee, etc.
Attorney General — state’s lawyer; handles mainly civil cases; oversees $\approx 4{,}000$ employees, $38$ divisions.
Comptroller of Public Accounts — tax collection & revenue estimate; certifies budget viability.
Land Commissioner (GLO) — manages public lands, mineral rights, Permanent School & University Funds, veterans’ land program, environmental stewardship.
Agriculture Commissioner — enforces ag laws, food safety, pest control, weights/measures.
Secretary of State — elections administration, voter registration drives, record-keeping; only appointed plural-exec member.

Bureaucracy & Boards

Bureaucracy = complex agencies implementing policy.
Significant elected boards
- Railroad Commission of Texas (oil & gas regulation).
- State Board of Education (curricula, textbooks).

Judiciary Overview

Two broad categories:
- Civil law — disputes between individuals; plaintiff vs. defendant; burden = “preponderance of evidence.”
- Criminal law — state vs. individual; burden = “beyond a reasonable doubt.”

Civil Law Details

Petition → complaint filed.
Citation issued to defendant.
Answer → defendant response.
Contingent fee (lawyer paid % of damages, e.g., $\ge 33\%$ ).
Tort = civil wrong (e.g., McDonald’s hot-coffee case).
Jury size: District courts $12$ ; lower courts $6$ .
Verdict: requires $\tfrac{5}{6}$ jurors (non-unanimous).
Probate (wills/estates) & family law (custody/divorce) handled in specialized courts.

Criminal Law Details

Felony — serious crime; prison or death (capital felony).
Misdemeanor — minor offense; fine or county jail.
Defense attorneys not on contingent fees; paid upfront/loan.
Grand Jury ( $12$ members + $2$ alternates) decides on indictment (need $9$ votes).
Bench trial — judge only; many cases resolved via plea bargain.
Sentencing hearing follows guilty verdict; appeals heard in appellate courts.

Texas Court Structure (Simplified)

Highest Courts
- Texas Supreme Court (civil) — $9$ justices.
- Court of Criminal Appeals (criminal) — $9$ judges; automatic death-penalty appeals.
Courts of Appeal — $14$ intermediate appellate districts.
District Courts — main trial courts; general jurisdiction; may create specialty courts (drug, mental-health, prostitution).
County-Level Courts
- Constitutional County Courts (presided by County Judge).
- Statutory County Courts at Law (less serious matters).
- Statutory Probate Courts (wills/guardianship).
Local Courts
- Justice of the Peace Courts (small claims, minor misdemeanors).
- Municipal Courts (city ordinance violations, traffic).

Judges: Selection, Qualifications, Reform

Most judges are elected; governor fills vacancies.
Issues: mid-term deaths/retirements strengthen governor appointment power.
Proposed reforms
- Merit Selection → nominated by committee, appointed by governor, later retention election.
- Retention Election → “yes/no” on keeping incumbent (no opponent).
- Judicial Campaign Fairness Act → caps contributions.
Qualifications vary
- Example: County Court-at-Law Judge: $\ge 25$ yrs; no law degree required in some cases.

Legal Profession & Oversight

Lawyers must earn J.D. from ABA-accredited school; licensed by State Bar of Texas (which doubles as regulatory agency).
Infractions range from criminal acts to failure to communicate with client.
Barratry (illegal solicitation of litigation) criminalized.
State Commission on Judicial Conduct (created $1965$ ): $13$ unpaid members (2 lawyers by Bar, 6 judges by Supreme Court, 5 citizens by governor).
- Investigates complaints; proceedings confidential; Senate confirms members.

Civil Forfeiture

Govt may seize property suspected of crime involvement; owner bears burden to prove innocence (“clear & convincing evidence” standard).

Key Concepts & Connections

Separation of powers tempered by overlap & influence (e.g., Lt. Governor straddles executive & legislative; governor’s line-item veto affects legislative appropriations).
Real-world implications: gerrymandering affects partisan dominance; filibusters/chubbing can stall major bills; comptroller’s revenue estimate determines scope of new programs.
Ethical considerations: patronage, campaign financing, civil forfeiture abuses, judicial impartiality.

Practical Tips / Exam Reminders

Remember numeric rules (e.g., $140$ -day sessions, $30$ -day specials, $10$ or $20$ -day governor signature windows, $2/3$ override).
Distinguish bill vs. resolution; concurrent vs. joint.
Trace bill pathway & points where it can die (committee, calendar, floor, governor).
Know plural-executive offices & their distinct domains.
Map court hierarchy & which cases each hears.
Be able to define key legal standards: “preponderance,” “beyond reasonable doubt,” “clear & convincing.”