Chapter 7: The Legislature
Chapter 7: The Legislature
Learning Objectives
7.1 Identify the functions of the legislature and legislators.
7.2 Compare the strength of the Texas legislature to other state legislatures.
7.3 Describe the organizational structure and leadership of the legislature.
7.4 Outline the legislative process.
7.5 Assess how legislative tools are used to speed up or slow down legislation.
7.6 Explain how legislators represent their constituents demographically.
The Functions of the Legislature and Legislators (1 of 9)
Texas Legislature: A bicameral legislature consisting of:
House of Representatives
Senate
Philosophical Basis: Montesquieu conceived of legislative division to ensure:
No one chamber dominates the other.
Minority voices are not suppressed by the majority.
The Functions of the Legislature and Legislators (2 of 9)
Chief Responsibility: The primary duty of the legislature is to create and pass legislation.
Law Functions:
Establish and reinforce economic interactions.
Resolve disputes between individuals or groups.
Protect individual rights and liberties.
The Functions of the Legislature and Legislators (3 of 9)
Types of Laws:
General Law: Affects all Texans.
Local Law: Impacts government units at the local level.
Special Law: Exempts specific businesses or individuals from state laws.
The Functions of the Legislature and Legislators (4 of 9)
Resolutions: Used to convey the legislative body's will.
Joint Resolution: Proposes amendments.
Concurrent Resolution: Passed by both chambers to give directions to state agencies on procedural issues.
Simple Resolution: Passed by a single chamber involving rules, procedures, or expressions of congratulations or condolences.
The Functions of the Legislature and Legislators (5 of 9)
Texas House of Representatives:
Characterized as more representative, responsive, and accountable to popular will.
Comprised of 150 members, serving two-year terms.
Membership requirements: 21 years of age, Texas citizen for two years, residing in the district for one year.
The Functions of the Legislature and Legislators (6 of 9)
Texas Senate:
More deliberative in its function.
Contains 31 members, serving four-year terms with half elected every two years.
Membership requirements: 26 years of age, Texas citizen for five years, residing in the district for one year.
The Functions of the Legislature and Legislators (7 of 9)
Legislative Responsibilities:
The House represents the people's responsibilities.
The Senate protects minority interests against the majority.
Revenue bills must originate in the House.
The House and Senate alternate on originating the budget bill.
The Senate has the power to confirm the governor’s appointments.
The Functions of the Legislature and Legislators (8 of 9)
Casework:
Legislators and their staff assist constituents with specific requests, even when out of session.
Operates outside the legislature, acting as facilitators or advocates.
The Functions of the Legislature and Legislators (9 of 9)
Position Taking:
Involves proclaiming a stance on issues.
Trustee: Legislator votes based on personal interpretation of what their district would want.
Delegate: Legislator acts purely as a mouthpiece for constituency wishes.
Credit Claiming: Legislator points out positive achievements during their tenure.
The Texas Legislature in Context (1 of 9)
Weak Legislature:
Political scientists classify legislatures as "strong" or "weak".
Strong Legislatures: Full-time professional legislators, year-round sessions, ample legislative staff, competitive elections.
Texas is classified as a weak legislature due to factors such as session length, legislative salaries, and staff availability.
The Texas Legislature in Context (2 of 9)
Legislative Session:
The Texas legislature meets biennially (every two years).
Regular Session: Lasts 140 days beginning in January of odd-numbered years.
Special Session: Can be called by the governor to address specific issues, limited to 30 days.
The Texas Legislature in Context (3 of 9)
Legislative Statistics (Graphical Representation):
Number of Bills Filed: Peaks at 8,000.
Number of Bills Passed: Declines to lower levels, representing percent of bills passed around 25-35%.
The Texas Legislature in Context (4 of 9)
Legislative Staff:
Staff budgets are low in salary.
Campaign funds are often used to supplement salaries.
This situation creates openings for organized interest groups to have influence.
The Texas Legislature in Context (5 of 9)
Legislative Boards and Councils:
Legislative authority is delegated to various boards and councils, including:
Legislative Budget Board.
Legislative Council.
The Texas Legislature in Context (6 of 9)
Salaries:
Legislators earn an annual salary of $7,200, noted as the lowest in the nation.
Per diem for meals and travel set at $221.
Legislative roles in Texas are not designed for full-time commitment, as lawmakers commonly hold other jobs.
The Texas Legislature in Context (7 of 9)
Incumbency and Turnover:
Incumbent: An individual currently holding public office.
Turnover: Occurs when incumbents leave their seats, leading to the election of new members (freshmen).
Institutional Memory: A cumulative understanding of an organization's operations held by its members.
The Texas Legislature in Context (8 of 9)
Legislative Representation (Graphical Representation):
Examines turnover rates and incumbents in the House and Senate across various years.
The Texas Legislature in Context (9 of 9)
Consequences of Legislative Structure:
Reduced ability to represent constituents.
Hindered public policy development.
Less frequent contact with constituents.
Increased reliance on party leadership and governor's influence.
Reduced willingness to take on complex reforms or innovative policies.
How the Legislature Is Organized (1 of 4)
Committee System:
Definition: A small group of legislators tasked with investigating, crafting, assessing, and acting on legislation before the entire chamber;
Types of Committees:
Standing Committees: Permanent committees addressing specific issues.
Select Committees: Temporary committees focusing on particular issues or legislation.
How the Legislature Is Organized (2 of 4)
The Speaker of the House:
Presiding officer of the Texas House; most influential member.
Elected by simple majority.
Responsible for resolving process and