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Chapter 22 |
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In 2003 the Republicans took control of the Texas House of Representatives for the first time since Reconstruction and a Republican, Tom Craddick was chosen as Speaker of the House. This solidified Republican control of the Texas state government since they already controlled the Senate, governorship and all of the rest of the statewide elected offices. A conservative agenda was implemented. Several crucial issues created deep partisan divisions, however. The state faced a massive $10 billion revenue shortfall that was balanced without raising taxes by imposing tough spending cuts that reduced availability of health care and other services for low-income and disadvantaged Texans. In addition, U.S. House Majority Leader Tom DeLay of Texas pushed redistricting of the Texas House districts in order to better reflect the growing Republican majority in the state. In order to try and preserve their slim 17-15 seat advantage and in protest of redistricting outside the normal ten year cycle, Democrats fled the state twice. Eventually, the Republican plan succeeded but with bitter feelings on both sides.
These fights reflect the important social, political and economic changes that have occurred in Texas. Texas is the nation's second most populous state and is now more than 80% urban. Despite these developments Texas has a part-time legislature that operates under detailed antigovernment restrictions drafted by nineteenth-century Texans in the wake of the repressive Reconstruction era.
Legislative Functions
The legislature is the chief policy-making branch of state government, and while similar to the national level Congress, there are differences. The legislature resolves who gets what, when and how within Texas. The legislature meets every two years to pass several hundred laws affecting all levels of the population and government in Texas. The legislature also sets the budget for state government as well as deciding on taxes. Legislative oversight of government agencies is also a prime responsibility.
Institutionalization of the Texas Legislature
Institutional changes within the Texas legislature have occurred due to the development of a two-party system in the Texas electorate, changes in the states’ interest-group system, and complex social and economic problems. Evidence of institutionalization within the Texas legislature include increased tenure within the membership, changing career and leadership patterns, expanded workload, more complex rules and procedures, and increasingly partisan divisions. Today the Texas legislature falls between those legislatures that are highly professional and those that are classified as citizen or amateur legislatures. The Texas legislature has become increasingly professional over time and this development is likely to continue.
The Organization and Composition of the Texas Legislature
Unlike the U.S. Congress, the Texas Legislature is not organized along party lines and has only the tentative beginnings of an institutionalized leadership structure. The legislature is bicameral comprising a 31-member Senate and a 150-member House of Representatives. The presiding officer of the House is the speaker, elected by the other house members. The presiding officer of the Senate is the lieutenant governor, elected by the voters statewide. Regular sessions are limited to 140 days every two years, but the governor has the authority to call special sessions when necessary – these special sessions are limited to 30 days each and must deal with subjects submitted by the governor. The total number of special sessions is not limited. Changes to this structure must be accomplished by amending the Texas Constitution. The Texas legislature is a lawmaking body that is not structured to respond readily to pressing late-twentieth-century needs and crises. Emergencies often require special legislative sessions and increase financial and personal pressures on lawmakers, who are among the lowest paid state legislators in the country.
Representatives serve 2 year terms and senators 4 year, staggered terms. Senators must be at least twenty-six years old, qualified voters, and a resident of Texas for five years and a resident of his district for at least one year, while Representatives must be twenty-one years old, a Texas resident for two years, and resident of their district for one year. There are no term limits. Members receive a base pay of $7200, which is set by the constitution. A Texas Ethics Commission was created in 1991 that can recommend pay raises to voters and change legislative per diem on its own. The current per diem is $125 per day for the legislative session.
When the elections of 2002 took place, changing political patterns and attitudes, redrawn political boundaries, and court-ordered single-member districts for urban house members had significantly altered the composition of the legislature; levels of African-American, Hispanic, and women's representation have all increased over time. The 2002 elections determined that Republicans would control the Texas Senate and House of Representatives. Although legislative turnover in Texas is generally moderate, redistricting and voluntary retirements took a toll on legislative experience after the 2001 session. Several veteran lawmakers didn’t seek reelection in 2002.
Representation and Redistricting
As recently as 1971 there were only a handful of African Americans, Hispanics, Republicans, and women in the 150-member House of Representatives and the 31-member Senate. But political realignment and federal court intervention in redistricting--particularly the ordering of single-member house districts for urban counties in 1972--have significantly increased the number of women, ethnic minorities, and Republicans in the legislature. In 2001 Republicans in Texas scored huge redistricting victories when the legislature failed to redraw its own districts during the regular session and the task fell to five statewide elected officials, four of whom were Republicans on the Legislative Redistricting Board. Republicans were thus able to draw new legislative maps that successfully increased Republican strength in the state senate and the house. They then proceeded to redistrict Texas' congressional districts.
Legislative Leadership
The role of leaders in the legislature has also begun to change from the personal relationships that had developed to more political ones. The Speaker, who is chosen by the House members, presides in the House and the Lieutenant Governor, who is elected by the public, runs the Senate. The most significant powers of the speaker and the lieutenant governor are the appointment of house and senate committees, which screen and draft legislation, and the assignment of bills to committees. The fate of most legislation is decided at the committee level. Although most house committees are partially appointed on the basis of seniority, the lieutenant governor has absolute control over the composition of senate committees. The presiding officers also play key roles in the development of major legislative proposals and, to a great extent, depend on their handpicked committee chairs to sell their legislative programs to house and senate colleagues.
The Lieutenant Governor has often been called the most powerful person in Texas state politics. As an elected position, he combines the elected executive position with a legislative role. Traditionally, the lieutenant governor has had more control over the senate's agenda than the speaker does over the house. The lieutenant governor cannot vote except to break a tie, while the speaker can vote on any measure but has traditionally only voted to break ties to encourage members to vote a particular way.
The Committee System
Committees are the backbone of the legislative process in Texas and are shaped by the speaker and the lieutenant governor. In effect it is a screening process that decides which bills become law. Committee chairs have considerable power over legislation as they can kill bills by simply refusing to schedule them for a hearing. Although usually committee chairs follow the wishes of the presiding officers. There are currently fifteen standing committees in the senate, while there are forty-two in the house. One of the most important is the Calendars Committee, which schedules bills for debate by the full house. A subcommittee system is just beginning to emerge in Texas. Conference committees are used to resolve differences between bills in the House and Senate.
Rules and Procedures
To be sent to the governor for signature into law, a bill must be approved after three readings in both the house and senate. Referral to committee is first reading, which is as far as most bills progress. Many are never scheduled for a public hearing by the chairs of the committees to which they are assigned. Many others die in subcommittees to which they are sent after being heard by the full committee. And others do not survive the Calendars Committee in the house or the two-thirds rule in the senate. Those that do win committee approval are often amended, or changed.
For those bills that survive the committee process, second reading is a crucial step. That is where most floor debate on legislation occurs and where many bills are further amended. If a bill is approved on second reading, it advances to third reading and then to the other legislative chamber, where it is referred to a committee and has to repeat the process.
A bill must be approved in exactly the same form by both chambers. If the senate, for example, approves a house bill after making some changes in it, the house will have to concur--or accept--the senate version, or a conference committee of house and senate members will have to be appointed to try to work out a compromise.
The governor can sign a bill, veto it, or let it become law without his or her signature. The governor can use the line-item veto to delete specific spending provisions from the general appropriations bill, or state budget. All other bills must be accepted or rejected in their entirety. Tax bills must originate in the house. All other bills can originate in either chamber. The legislative rules and the heavy volume of bills considered frequently allow lawmakers to sneak major controversial proposals into law by adding little noticed amendments to other bills. In addition, in the senate tags can be added to bills, which allow individual senators to postpone a committee hearing on a bill for at least 48 hours, or senators can filibuster a bill to death.
The Emerging Party System
Unlike the U.S. Congress, the Texas legislature has not been organized along party lines, with rules assuring leadership positions to the members of the majority party. The growth of Republican strength has increased partisan activity in the legislature and fueled speculation that, sooner or later, attempts may be made to organize the legislature along the partisan lines of the U.S. Congress – with distinct party positions, such as floor leaders, caucus leaders, and whips. These developments will depend on the strength of both parties and on the personalities that emerge in future leadership. Both major parties already have active legislative caucuses.
Other Legislative Caucuses
Hispanic and African American house members formed their own caucuses as their numbers grew in the 1970s. These caucuses successfully voted as blocs on many issues and were able to influence leadership and legislation as a result. Also, some urban delegations like those from the populous Harris County have formed their own caucuses.
Legislators and their Constituents
The Texas public pays attention only to a few emotional issues before the legislature, and media coverage is sporadic. Legislators are aware that latent public opinion may be mobilized if they deviate too far from their constituents' wishes, but there is still great decision-making discretion. Interest groups seek to make the most of this discretion, though legislators also weigh letters, phone calls, e-mail messages, and visits by constituents.
Legislative Decision Making
The legislative process follows informal as well as formal rules designed to assure civility in an institutionalized process designed for conflict. Legislators' decisions are influenced by a number of factors, including constituents, interest groups, colleagues, staff, the governor, and the media.
The Development of Legislative Staff
Legislators have increasing come to rely on their staffs to develop legislation, perform constituent services, and to act as liaisons to interest groups. The quality of a legislator’s staff can help to determine his or her success; both the quality and quantity of legislative staffs in Texas have increased since the early 1970s. The quality of other resources available to lawmakers and their staffs has also improved with the advent of near instantaneous computer access to the status of bills, committee schedules, analysis, and data.
Legislative Ethics and Reforms
Although most legislators are honest, hard-working individuals, the weaknesses of a few and the millions of dollars spent by special interests to influence the lawmaking process have undermined Texans' confidence in state government. Lawmakers make periodic efforts to strengthen their ethical standards, but usually only after well-publicized scandals.
Chapter Objectives
After mastering the concepts in this chapter, you will be able to
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