Chapter 3

think of 1876 constitution!

Texas Legislature in Context

Resembles US Congress
- Ideas born after the period of reconstruction
- The current constitution is called the “redeemers constitution”
  - repriving Southern sympathizers the right to vote
- citizen legislature
- plural executives
- elected judiciary
- imitated most of the features of the constitution
Bicameral
Size of the Legislature
- Upper house smaller than lower
- Senate has 31 members
- House increased size to 150
- Number of citizens versus legislatures
Legislative Sessions
- Regular session
- Special sessions
  - by law 30 days
  - only when the governor calls them
  - only allowed to consider what the governor want’s you to consider
  - occurs when circumstances require
- Supermajority
  - requires a majority of 51% or higher
- Legislative immunity
  - protection from arrest
- Meet in Austin
- Meets every other year

Typologies of State Legislatures: Full-time and part-time

Citizen legislature
Professional legislature
Hybrid legislatures

Consequences of low pay are people who are already successful and well-connected run for positions. They can afford to spend time away from home and not get much financially out of it.

Qualifications for Office and Length of Terms

“The fewer the qualifications, the higher the democratic spirit” -Jack Byham

Members of the house
- must be 21 or up
- must have lived in Texas for 2 years
- Resident in your district for 1 year
members of the senate
- must be 26 or up
- Must have lived in Texas for 5 years
- Resident in the district for 1 year
Right to refuse winning candidate

Qualifications for Office and Length of Terms

Term lengths
- Term length - the number of years you serve once elected
Redistricting
Term limit
- Term limit- an arbitrary number that designates the number of years/times you can serve
- No term limits for state office in Texas
Turnover
- Turnover - different kind of rate of change. Measuring the number of people who are legislators that are no longer legislatures. (kicked out, died, lost the next race, etc)
- When they’re replaced
Incumbency rates
- Incumbancy rate - the likelihood you win the second election considering you won the first (the longer you’re there, the longer you’re likly to stay there)

Representation: Theories and Demographics

*Not normative theories

Representation
- meant to be a voice of the people and are responsible to adhere to their wants or needs
- servant of the people
Delegate
- keep the WHOLE in mind (their people and the WHOLE state)
Trustee
- their proper role is using their best judgement
- Power and people trust you to use it properly
Politico
Representation based on Geography
- Geographic districts connect voters
- Similar political interests
Microcosm Theory and Demographics
- Legislature should look like society
- Represent the whole population
  - Texas Legislature does not
  - But does this really matter
Gender and Racial/Ethnic Gaps in the Legislature
- “The right man”
- Number of female representatives growing
- Women tend to be Democrats
- Significantly whiter than general population
- Causes distrust of government
Winners and Losers
- Heart of representative democracy
- Institutional constraints prevent citizen legislature
- Average citizen an accidental loser

Electing the State Legislature

Single-Member District versus Multimember District
- Single-member district (SMD)
- Multimember district (MMD)
- Redistricting Process
  - District lines should change with population
  - One person, one vote
  - Three types of redistricting
  - Process in Texas
  - Frequently contentious and partisan
  - Redistricting battles have shifted
  - Majority-minority districts
  - Mexican AMerican Legislative Caucus (MALC) challenges

Legislative Organization

Ways to manipulate legislation process
Increased importance in party organization
Presiding Officers
- Lieutenant Governor
- President pro tempore
- Legislative Budget Board (LBB)
- Speaker of the House
Political Parties in the Texas Legislature
- Organizational basis along ideological divides
- Party legislative caucus
- Republican control over the legislature
- Party caucuses in Senate
- Party caucus chair
- Floor chair
- Technology for communication
- Research legislation and draft amendments
Special Legislative Caucuses
- Special legislative caucus
- Minority and women’s caucuses
- Ideological caucus
- Issue caucus
Committees
- Standing Committees
- Substantive and procedural
- Organization and functions
- Interim committees
- Conference Committees
- Select or special committees
Winners and Losers
- Individual legislators influence bills
- Influence policy and politics
- Conference committees develop final bill
- Party caucuses increasingly important
- Cohesion makes and style of leadership

Legislative Process

Primary function making and updating laws
Knowing rules contributes to success
“Revolving door” legislators to lobbyists
Bill
Introducing Bills in the Legislature
- Introduce the bill or profile
- Must pass both chambers
- Bills about budget start in the House
- Fiscal note
- Statement of impact on education
Introducing Resolutions in the Legislature
- Resolution
- Three types of resolutions assigned a code
Legislation in Committee
- Assigned meetings open to public
- Standing committees contain subcommittees
- Calendars in the Texas House and Senate
- Blocking bill
Floor debate in the legislature
- Killer amendment and rider
- Floor debate
- Filibuster rules
- Chubbing
- Quorum
Voting
- Similar in both houses
- Role call vote
- Passed by both chambers
- The Governor’s Veto Power
Winners and Losers
- Power in hands of presiding officers
- Lieutenant governor’s powers in Senate
- Techniques of blocking a bill
- Legislature becoming more partisan
- Speaker of the House clear winner
- Rising partisanship detrimental
- Power of the majority party
- Cooperation good for the state