Chapter 8: The Legislative Branch (Texas)

Chapter 8 Notes – The Legislative Branch (Texas)

• Overview

  • The Texas Legislature enacts laws proposed by elected representatives and senators. Bills may become law if signed by the governor or passed over a veto. Some bills can pass despite a governor’s veto in certain situations, but many die in committee or due to political constraints.

  • Example context from transcript: House Bill 1359 (Jan 26, 2021) sought a Texas secession referendum; it died in the House State Affairs Committee due to lack of support. This illustrates how even controversial proposals navigate a slow, negotiated process in a bicameral legislature.

  • The 87th Legislature (elected 2020, convened Jan 2021) operated under COVID-19 restrictions, with masks, remote communication, and modified tours; reflects how emergencies shape legislative practice.

• Structure of the Texas Legislature

  • Legislature type: bicameral (two chambers): House of Representatives (the larger chamber) and Senate (the smaller chamber).

  • House of Representatives: 150 members; term length 2 years; district residency/electoral rules determined by the constitution and statute.

  • Senate: 31 members; term length 4 years (staggered); district residency/electoral rules determined by the constitution and statute.

  • Core constitutional powers of the legislature: propose constitutional amendments, adopt state budgets, levy taxes, redraw district lines (redistricting), impeach/remove executive and judicial officials, investigate issues.

• Election and Terms of Office

  • Members are elected from state legislative districts by voters.

  • Regular sessions and terms begin in January of odd-numbered years. The current structure is a biennial system with a 140-day regular session and a maximum 30-day special session.

  • Redistricting occurs after each federal decennial census, affecting both House and Senate districts.

  • Senate terms are four years; House terms are two years. Redistricting occurs every decade to align with population changes, with the Legislative Redistricting Board (LRB) and possible court involvement if maps are disputed.

• Districts and Redistricting

  • Redistricting aims for equal population across districts ("one person, one vote" principle).

  • Texas uses the nonpartisan Texas Legislative Council and its Red Apple software to assist redistricting; population shifts (e.g., Capital Region growth around Austin) influence map drawing.

  • The LRB (Legislative Redistricting Board) steps in if the legislature fails to redistrict after reapportionment: it comprises the Lieutenant Governor, Speaker, Attorney General, Comptroller, and Commissioner of the General Land Office. It must meet within 90 days after the legislative session and redraw within 60 days; otherwise courts will redraw.

  • Historical context: Reynolds v. Sims (1964) established population-based apportionment; Kilgarlin v. Martin (1965) applied one-person-one-vote in Texas; Evenwel v. Abbott (2016) addressed whether total population or eligible voters should be used (Court affirmed total population as the basis, leaving some interpretive questions).

  • Gerrymandering: drawing district lines to advantage a group or party. Common tactics include:

  • Packing: concentrating supporters of one party into a single district.

  • Cracking: dispersing a group across several districts to dilute influence.

  • Hijacking (or pairing): drawing districts to force incumbents to compete against one another.

  • District structures:

  • House districts: single-member districts. After 2010 census, Texas moved toward single-member districts in many counties to reduce costs and increase minority representation.

  • Senate districts: single-member districts.

  • Population benchmarks (post-2020 census):

  • House ideal population: $$P_H = rac{29{,}183{,}290}{150} \