texas how bills become law

8/6/2019 Texas How Bills Become Law

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Texas State LegislatureTexas State Legislature

How Bills Become LawHow Bills Become Law Introduction in the House or Senate. InIntroduction in the House or Senate. In

2007 (typical) 802007 (typical) 80thth session lawmakers filedsession lawmakers filed5,841 and 1,651 became law.5,841 and 1,651 became law.

After 60 days, need 4/5s of quorum toAfter 60 days, need 4/5s of quorum tointroduce. Clerk or Secretary numbersintroduce. Clerk or Secretary numberseach billeach bill..


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Reading of a BillReading of a Bill Texas Constitution requires 3 readingsTexas Constitution requires 3 readings

No bill shall have the force of a law,No bill shall have the force of a law,until it has been read on three severaluntil it has been read on three severaldays in each House, and free discussiondays in each House, and free discussionallowed thereon...allowed thereon...


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Reading of a BillReading of a Bill Can be suspended in cases ofCan be suspended in cases ofimperative public necessity whenimperative public necessity whenlanguage included in the preamble of alanguage included in the preamble of a

bill, and when 4/5s of each House votesbill, and when 4/5s of each House votesto do so.to do so.

To circumvent this burden of readingTo circumvent this burden of readingthe whole bill 3 times in each House ...the whole bill 3 times in each House ...

now read caption only before referral tonow read caption only before referral tocommittee!committee!


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Legislature Committees...Legislature Committees... Committee typesCommittee types

StandingStanding

Select/ad hocSelect/ad hoc

JointJoint

Conference (a specific type of select or ad hocConference (a specific type of select or ad hoc

committee)committee) InterimInterim


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43 House Committees43 House Committees -- 20092009 Agriculture & LivestockAgriculture & Livestock AppropriationsAppropriations

Border & International AffairsBorder & International Affairs

Business & IndustryBusiness & Industry

CalendarsCalendars

Civil PracticesCivil Practices

CorrectionsCorrections

County AffairsCounty Affairs

Criminal JurisprudenceCriminal Jurisprudence

Culture, Recreation, & TourismCulture, Recreation, & Tourism

Defense Affairs & StateDefense Affairs & State--Federal RelationsFederal Relations

Economic DevelopmentEconomic Development

Election Contests, SelectElection Contests, Select

ElectionsElections

Energy ResourcesEnergy Resources

Environmental RegulationEnvironmental Regulation

Financial InstitutionsFinancial Institutions

General Investigating & EthicsGeneral Investigating & Ethics

Government ReformGovernment Reform

Higher EducationHigher Education

House AdministrationHouse Administration

Human ServicesHuman Services InsuranceInsurance

JudiciaryJudiciary

Juvenile Justice & Family IssuesJuvenile Justice & Family Issues

Land & Resource ManagementLand & Resource Management

Law EnforcementLaw Enforcement

Licensing & Administrative ProceduresLicensing & Administrative Procedures

Local & Consent CalendarsLocal & Consent Calendars

Local Government Ways & MeansLocal Government Ways & Means Natural ResourcesNatural Resources

Pensions & InvestmentsPensions & Investments

Property Tax Relief, SelectProperty Tax Relief, Select

Public EducationPublic Education

Public Education Reform, SelectPublic Education Reform, Select

Public HealthPublic Health

RedistrictingRedistricting

Regulated IndustriesRegulated Industries Rules & ResolutionsRules & Resolutions

State AffairsState Affairs

TransportationTransportation

Urban AffairsUrban Affairs

Ways & MeansWays & Means


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House Committee ActionHouse Committee Action Bill may not usually live without committeeBill may not usually live without committeeapproval.approval.

House committees created & controlled byHouse committees created & controlled by

the Speaker.the Speaker. How Members selected? All assigned byHow Members selected? All assigned by

speaker. Appoints all chairs & vice chairs.speaker. Appoints all chairs & vice chairs.

Can serve on 2 standing committees and 1Can serve on 2 standing committees and 1procedural committeeprocedural committee


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Senate CommitteesSenate Committees Senate committees and membershipSenate committees and membership

created by the Lt. Governor.created by the Lt. Governor.


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17 Senate committees17 Senate committees -- 20072007 AdministrationAdministration Business & CommerceBusiness & Commerce

S/C on EmergingS/C on EmergingTechnologies & EconomicTechnologies & EconomicDev.Dev.

Committee of the Whole SenateCommittee of the Whole Senate Criminal JusticeCriminal Justice EducationEducation Education Reform & PublicEducation Reform & Public

School Finance, SelSchool Finance, Sel S/C on Higher EducationS/C on Higher Education

FinanceFinance S/C on Capital Funding forS/C on Capital Funding for

Higher EducationHigher Education Government OrganizationGovernment Organization

Health & Human ServicesHealth & Human Services Intergovernmental RelationsIntergovernmental Relations International Relations & TradeInternational Relations & Trade JurisprudenceJurisprudence Natural ResourcesNatural Resources

S/C on Ag., Rural Affairs &S/C on Ag., Rural Affairs &Coastal ResourcesCoastal Resources

S/C on Agriculture & CoastalS/C on Agriculture & CoastalResourcesResources

NominationsNominations State AffairsState Affairs Transportation & HomelandTransportation & Homeland

SecuritySecurity Veteran Affairs & MilitaryVeteran Affairs & Military

InstallationsInstallations S/C on Base RealignmentS/C on Base Realignment

and Closureand Closure


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Committee hearingsCommittee hearings Open Meetings Act applies to any officialOpen Meetings Act applies to any official

action, including voting. 24 hour notice.action, including voting. 24 hour notice.

Public testimony taken in hearingsPublic testimony taken in hearings

Subcommittees & subjectSubcommittees & subject--mattermatter--expertsexperts


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CommitteesCommittees

Quorum requirementQuorum requirement

Records requirementRecords requirement

Fiscal note attached to each bill beforeFiscal note attached to each bill beforehearing & LBB notified.hearing & LBB notified.

Decision by simple majority vote.Decision by simple majority vote.


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Committee reportsCommittee reports

Committee may do nothing with a bill!Committee may do nothing with a bill!

But to lo live, bill must have a report!But to lo live, bill must have a report!

If no report, bill is dead, unless dischargeIf no report, bill is dead, unless dischargepetition obtained.petition obtained.

1st76 days need 2/3s signatures of House1st76 days need 2/3s signatures of House(100) or Senate (21)(100) or Senate (21)

Next64 days need simple majority of HouseNext64 days need simple majority of House(76) or Senate (16)(76) or Senate (16)


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Committee reportsCommittee reports

Report containsReport contains Bill's purpose, analysis, hearing summary,Bill's purpose, analysis, hearing summary,

fiscal note, vote.fiscal note, vote.

Report types: Favorable, Unfavorable,Report types: Favorable, Unfavorable,Failure to recommend, Amended bill,Failure to recommend, Amended bill,Committee substituteCommittee substitute


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House Calendar committeesHouse Calendar committees Chief clerk delivers House bill reported out ofChief clerk delivers House bill reported out of

standing committee to Calendars Committee forstanding committee to Calendars Committee for22ndnd reading consideration.reading consideration.

Calendars committees controls order bills &Calendars committees controls order bills &resolutions presented or if they are presented toresolutions presented or if they are presented tomembership at all! If any Member objects, billmembership at all! If any Member objects, billnever scheduled, unless Speaker intervenes.never scheduled, unless Speaker intervenes.

Bill must have spot within 7 days of receiving billBill must have spot within 7 days of receiving billor it is dead! 400 died in 91 & typical.or it is dead! 400 died in 91 & typical.


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House Calendar typesHouse Calendar types Emergency, like disaster reliefEmergency, like disaster relief

Major state: bills with statewide impact.Major state: bills with statewide impact.

Constitutional amendmentConstitutional amendment

General State: bills with more than 1General State: bills with more than 1county impact.county impact.

Local, Consent & Resolutions: bills thatLocal, Consent & Resolutions: bills that

impact1 county only & nonimpact1 county only & non--controversial.controversial.

Congratulatory & Memorial Resolutions.Congratulatory & Memorial Resolutions.


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Second readingSecond reading

DebateDebate -- amendment considerationamendment considerationby simple majority voteby simple majority vote

Vote on entire bill by simpleVote on entire bill by simplemajority vote. Otherwise bill is dead.majority vote. Otherwise bill is dead.

One finger means yesOne finger means yes

Two fingers mean no.Two fingers mean no.


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Third readingThird reading

Third readingThird reading

A. DebateA. Debate -- amendment consideration is byamendment consideration is by

2/3s majority2/3s majority B. Vote on entire bill is by simple majority ...B. Vote on entire bill is by simple majority ...

otherwise bill is dead.otherwise bill is dead.


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Senate ActionSenate Action

Same basic process as in House, but Same basic process as in House, but

Tag means senator can postponeTag means senator can postponehearing on bill due to not receiving 48hearing on bill due to not receiving 48

hour notice. Defeats bill.hour notice. Defeats bill.

Filibuster record: Sen. Bill Meier spokeFilibuster record: Sen. Bill Meier spoke43 hours. Train wreck! Protects43 hours. Train wreck! Protects

minority. No cloture in Texas!minority. No cloture in Texas!


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Senate ActionSenate Action

For House bill unaltered by Senate For House bill unaltered by Senate

Legislative Council;Legislative Council;

Enrollment;Enrollment; Comptroller;Comptroller;

then Governorthen Governor


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Senate Action ....Senate Action ....

For House bill amended by Senate For House bill amended by Senate

Vote on amendment by simple majorityVote on amendment by simple majority

If House agrees:If House agrees:

Legislative Council; Enrollment;Legislative Council; Enrollment;Comptroller; GovernorComptroller; Governor

If do not agree with amendments, forIf do not agree with amendments, forbill to live ... it must be acted on by abill to live ... it must be acted on by aConference Committee.Conference Committee.


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Conference committee (a type of select)Conference committee (a type of select)

Request for a conference committee.Request for a conference committee.

Must come from the house of origin.Must come from the house of origin.

Speaker & Lt. Gov must want it, thenSpeaker & Lt. Gov must want it, thensimple majority vote of each house.simple majority vote of each house.

If do not obtain either, bill is dead.If do not obtain either, bill is dead.

10 Members,5 each appointed by the10 Members,5 each appointed by theSpeaker & Lt. Governor.Speaker & Lt. Governor.


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Conference Committee Duties Conference Committee Duties

Committee can only resolve issuesCommittee can only resolve issuesin dispute.in dispute.

Must issue report for bill to live.Must issue report for bill to live.

House & Senate must vote up orHouse & Senate must vote up ordown only ... no more amendments!down only ... no more amendments!

If both houses vote for by majority,If both houses vote for by majority,

then sent to Legislative Counsel,then sent to Legislative Counsel,enrolled, then sent to comptroller.enrolled, then sent to comptroller.


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Governors Action on Bill ...Governors Action on Bill ... When Legislature in session,Texas governorWhen Legislature in session,Texas governor

has 10 days to act.has 10 days to act.

If signs or does not sign bill (no pocket veto),If signs or does not sign bill (no pocket veto),

it is registered with Secretary of State as law.it is registered with Secretary of State as law. Bill becomes law 90 days after the session ...Bill becomes law 90 days after the session ...

unless it is an emergency or appropriationunless it is an emergency or appropriationbill.bill.

Veto (or threat of veto) is governors majorVeto (or threat of veto) is governors majorbargaining power with a legislature!bargaining power with a legislature!


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Veto by Texas Governor...Veto by Texas Governor...

If governor vetoes when Legislature inIf governor vetoes when Legislature insession, governor sends bill & messagesession, governor sends bill & messageto the House of origin.to the House of origin.

Legislature must obtain 2/3s vote to overLegislature must obtain 2/3s vote to over--ride in both houses.ride in both houses.

When Texas Legislature goes out ofWhen Texas Legislature goes out ofsession, the Governor has 20 days tosession, the Governor has 20 days to

veto.veto.Veto overVeto over--ride proof since Legislature notride proof since Legislature not

in session.in session.


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Item Veto & ReformItem Veto & Reform

Item veto only appropriations bill.Item veto only appropriations bill.

Line item (43 states including Texas).Line item (43 states including Texas).

Problems Problems Weapon against oppositionWeapon against opposition

Counterattack governor by packing a line.Counterattack governor by packing a line.

texas how bills become law

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