Navigating the intricacies of the Texas legislative process can be daunting. This guide breaks down the steps involved, from the birth of a bill to its eventual passage, based on insights from the Texas Legislative Council’s 2022 publication: The Legislative Process in Texas.
It is important to understand at the outset that the legislative process is generally designed to limit the success of legislation, as there are several points along the process by which legislation can have its prospects cut short. For a brief comparison of legislation that is filed compared to what eventually passes the process, you can go here (77th to 88th Legislative Sessions).
The Texas Legislative Process
The Texas legislative process is governed by the Texas Constitution and applicable statutes and by the rules of procedure of the Senate and House of Representatives that are adopted at the beginning of each regular session.
1. How Do Laws Originate in Texas?
Every law in Texas starts as legislation or a bill. While only a legislator can formally introduce a bill, the inspiration can come from various “stakeholders”, including the public, special interest groups, or committee findings from hearings or interim reports. Whether drafted by a legislator, an advocacy group, or legislative professionals, a bill is the cornerstone of Texas lawmaking.
The Texas Constitution establishes the bill as the exclusive means by which the legislature may enact, amend, or repeal a statute. To further complicate the legislative process, there are different types of bills that can be considered. While the bill is the most common type of legislation, the legislature also uses three types of resolutions, which follow somewhat different processes. Resolutions are used to handle specific activities of the legislature and must be introduced, assigned numbers, and acted on by the legislature. The three types of legislative resolutions are joint resolutions, concurrent resolutions, and simple resolutions. Of these, only concurrent resolutions are subject to veto by the governor.
- Joint Resolutions
- Joint resolutions are used to propose amendments to the Texas Constitution, ratify proposed amendments to the U.S. Constitution, or request a constitutional convention to propose amendments to the U.S. Constitution. Joint resolutions proposing amendments to the Texas Constitution require a vote of two-thirds of the total membership of each chamber for adoption. Other joint resolutions require a simple majority vote in each chamber for adoption.
- Joint resolutions adopted by the legislature are not submitted to the governor for signing but are filed directly with the secretary of state. An amendment to the Texas Constitution proposed by an adopted joint resolution requires approval by Texas voters at a general election.
- Concurrent Resolutions
- A concurrent resolution is used when both chambers have an interest in a particular matter. Such resolutions may originate in either chamber but must be adopted by both. Concurrent resolutions may be used for matters affecting operations and procedures of the legislature, such as joint sessions or adjournment sine die. They are also used to petition the U.S. Congress, give directions to a state agency, board, or commission, express the views of the legislature, designate an official state symbol, adopt an official place or date designation, or express congratulations or condolences.
- Simple Resolutions
- Simple resolutions pertain to matters considered by the originating chamber only. They are used to adopt or change rules of procedure, name a mascot, express congratulations or condolences, or petition the U.S. Congress. Simple resolutions may also express the views of a single chamber, initiate a study by that chamber, or urge a state agency, board, or commission to take action. They are not submitted to the governor for signing or filed with the secretary of state.
2. The Journey of Introducing a Bill:
For a bill to see the light of day, a legislator presents it in their respective chamber, termed the originating chamber. Post its approval here, the opposite chamber reviews it. The initial phase involves filing the bill with either the chief clerk of the House or the Senate’s secretary. Notably, the window for bill filing in a regular session commences the first Monday post the preceding general election and spans the initial 60 calendar days.
3. The Crucial Role of Legislative Committees:
With a plethora of bills and limited deliberation time, committees are the backbone of the Texas legislative process. These entities deliberate on the introduced bills and provide recommendations. While many bills reach the committee stage, a significant number don’t progress further, effectively “dying” within the committee.
4. Committee Referrals – The Next Step:
Following an introduction, the bill undergoes a formal reading (first reading) and is then directed to a suitable committee. Each committee specializes in specific subject matters, streamlining the process. Additionally, fiscal notes, bill analyses, and impact statements, pivotal to the legislative journey, accompany the bill throughout the process.
5. Delving into Committee Meetings:
The frequency and nature of committee meetings are at the discretion of the committee chairs. The House categorizes its meetings into public hearings, formal gatherings, and work sessions. In contrast, the Senate mandates a public hearing for every bill before its committee progression.
6. Deciphering Committee Reports:
Post deliberation, a committee can release a report to the broader chamber. This report can endorse the bill’s passage, suggest modifications, or introduce an alternative bill.
7. Navigating House Calendars:
The House employs four distinct calendars: the daily, supplemental, local and resolutions, and the congratulatory and memorial calendars. The supplemental calendar, in particular, serves as the primary legislative agenda.
8. The Senate’s Regular Order of Business:
The Senate’s regular order enlists all committee-reported bills eligible for a second reading. Utilizing a “blocker bill” strategy and suspending the regular order, the Senate can prioritize bill considerations. To deviate from the regular order, senators must notify in advance of the bill’s inclusion in the Intent Calendar.
Conclusion
The Texas legislative process, governed by the state’s Constitution and procedural rules, is a testament to meticulous lawmaking. This guide offers a glimpse into the journey of a bill. The Legislative Process Flowcharts, seen below, offers a condensed look at this process.
Legislative Process Flowcharts
Texas Senate
Texas House of Representatives
Additional Texas Legislative Resources can be found here.
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