The Texas Legislature Part III. How can you look at the Texas Legislature and still believe in intelligent design? Kinky Friedman

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1 The Texas Legislature Part III How can you look at the Texas Legislature and still believe in intelligent design? Kinky Friedman

2 Texas Legislative Process

3 Texas Legislative Process The Texas Constitution defines 3 phases in the legislative process. first 30 days: introduction of bills, emergency appropriations, recess appointments, matters declared an emergency by the governor second 30 days: committee action final 80 days: floor debate and action effect of the 140 day session: The Funnel 80% of votes come in last 2 weeks

4 Texas Legislative Process The Texas legislature sets public policy by passing bills and resolutions. resolutions: officially expresses the legislature s opinion about a subject, used to propose amendments to the Texas constitution or to set rules of conduct... concurrent (require the action of both chambers), joint (resolution that must be passed by a twothirds vote of each chamber) and simple (take care of house keeping matters, details of business, trivia) bills: proposed laws... local, special and general In Texas, bills are easy to kill and hard to pass. Of the 6,276 bills filed in 2015, just 1,323 reached the governor s desk. How to kill a bill in 140 days (or less) Broken by Design The Texas Legislature Explained (2:03)

5 Texas Legislative Process: Committee Action After a bill or resolution has been introduced by a member of the chamber, it is assigned a number and referred to a committee by the Lieutenant Governor or Speaker. Committees begin consideration of a bill by holding public hearings. The committee meets for mark up: process of revising, amending or rewriting bill. Committee members vote whether or not to recommend bill to their chamber for passage. If bill receives a majority of affirmative votes, it is reported out of committee to the floor.

6 Texas Legislative Process: Legislative Calendars The process by which bills move from committee to the floor differs in the two chambers. Senate rules require that bills emerging from committee be placed on a single calendar for consideration in order but it is a standard practice to consider legislation out of order by suspending the rules of priority with a two-thirds vote of the Senate. In the Senate, bills recommended favorably go to the Senate calendar of bills, which sets the order of priority for consideration of bills on the Senate floor. Senate bills must be heard in order of appearance on the presiding officer s desk from the first day of the regular session.

7 Texas Legislative Process: Legislative Calendars Senators attempt to control schedule with a blocking/blocker bill: At the beginning of the session a senator proposes a bogus bill put at the top of Senate's calendar for entire session... No other bill can be considered unless two-thirds of Senate agrees to suspend the regular order of business and skip over the blocker bill. In the House, bills recommended favorably by a standing committee go to the Calendars Committee, which sets the daily calendar. They determine when and if a bill reaches the full House for deliberation and vote. Prior to a 1993 rule change the members of the Calendar Committee voted in secret. House rules provide for consideration of measures in order of priority set by the calendar system, but the House may vote by a two-thirds majority to consider a measure out of order.

8 Texas Legislative Process: Legislative Calendars

9 Texas Legislative Process: Floor Action Floor action on bills consists of members of the chamber debating the bill on its merit and perhaps offering amendments. poison pill: attach an amendment to a bill that is so distasteful to so many lawmakers that it prevents it from passing In the Senate, debate can vary due to filibusters (prolonged discussion of a bill by an individual to delay legislative action) but a majority vote can end debate. A filibustering member may not eat, drink, sit, lean, take a bathroom break, speak inaudibly or speak on anything not related to the issue under consideration. Senator Bill Meier holds both the state and national record for his 43-hour filibuster in 1977.

Both chambers allow chubbing: practice of one or more members debating a bill at great length to slow

10 Texas Legislative Process: Floor Action House rules limit debate... usually 10 minutes per member and 20 minutes for bill s sponsor. Both chambers allow chubbing: practice of one or more members debating a bill at great length to slow down the legislative process. Following debate, the chamber votes. Members of the House vote electronically and a scoreboard displays each vote. Members of the Senate vote by roll call.

11 Texas Legislative Process: A Glossary of Legislative Lingo

Texas Legislative Process: Conference Committee Action conference committee: a special committee composed of members of both chambers created to negotiate differences on similar pieces of legislation

12 Texas Legislative Process: Conference Committee Action conference committee: a special committee composed of members of both chambers created to negotiate differences on similar pieces of legislation passed by both chambers A bill has not cleared the legislature until it has passed both chambers in identical form. Conference committees negotiate differences between pieces of legislation passed by the House and Senate. If a conference committee agrees on a compromise bill, it must be approved by both chambers.

Texas Legislative Process: Action by the Governor Governor has 10 days to act if legislature is in session or 20 days if the session ends during the first 10 days.

13 Texas Legislative Process: Action by the Governor Governor has 10 days to act if legislature is in session or 20 days if the session ends during the first 10 days. sign bill into law take no action on bill... bill becomes law without signature after 10 or 20 days depending on the session s end One of the basic powers the governor exercises over the legislative process is the veto, which enables him/her to nullify bills, concurrent resolutions and appropriation items. A skillful governor can use the threat of the veto to influence legislation during the session.

14 Texas Legislative Process: Action by the Governor The veto can also be used as a last resort intervention in the budget process to affect spending priorities at the end of a legislative session. line-item veto: strike out sections or items of an appropriations bill while signing the remainder of the bill into law veto entire bill Both the veto of a bill and a line-item veto can be overridden by a two-thirds vote of both chambers if legislature is still in session. Rick Perry made headlines when he set a record for single session vetoes in the 2001 session: 82.

15 Texas Legislative Process: The Budget Texas, Welcome to the Era of Big Government The state operates on a biennial budget cycle. Each takes more than a year to develop, involving all the executive branch departments and agencies, the governor, legislature, the Comptroller of Public Accounts, and the State Auditor's Office (SAO). The grueling and extremely detailed process of creating a plan that involves spending billions over two years begins during the spring of the year before the January opening of the biennial legislative session. Budget instructions are sent to state agencies beginning in March of even-numbered years.

16 Texas Legislative Process: The Budget Agency hearings and public hearings are held from July through September. Agencies submit their Legislative Appropriation Requests (LARs) to the governor from July through September. The governor and the legislature both prepare budget proposals. The governor s role was established by the legislature decades ago. A 10-member interim joint committee works continuously on the budget, including both presiding officers and four members of each chamber appointed by them. (Traditionally includes the chairs of appropriations and finance committees.) Assisted by a staff of over 120 full-time employees.

Texas Legislative Process: The Budget The state Comptroller is required to provide the legislature with a biennial revenue estimate (BRE) shortly after the

expected to be collected. The governor submits his/her proposed budget to the state legislature on the 30th day of the regular session (Jan/Feb).

17 Texas Legislative Process: The Budget The state Comptroller is required to provide the legislature with a biennial revenue estimate (BRE) shortly after the regular session begins in January to ensure that the legislature does not violate the constitutional prohibition on appropriating more money than is expected to be collected. The governor submits his/her proposed budget to the state legislature on the 30th day of the regular session (Jan/Feb). The legislature typically adopts a final budget in May. A simple majority is required to pass the budget but the final budget almost always requires a conference committee.

18 Texas Legislative Process: The Budget Since the legislature is legally required to adopt a balanced budget, the appropriations bill passed by both chambers is sent to the Comptroller for certification that there will be sufficient revenue to cover the appropriations made by the legislature. If not, then cuts must be made. Once certified, it goes to the governor for action. The fiscal year begins on September 1st of odd-numbered years. Although the budget is not recorded in Texas statutes or codes, it has the force of law. Agencies are bound by it, and their compliance is monitored by the LBB and the SAO. The governor and LBB acting together are empowered with budget execution authority: allows them to shift funds between sessions if necessary.

19 Texas Legislative Process: The Budget Texas is where the modern conservative theory of budgeting - the belief that you should never raise taxes under any circumstances, that you can always balance the budget by cutting wasteful spending - has been implemented most completely. If the theory can't make it there, it can't make it anywhere. Paul Krugman

20 Texas Legislative Process: Legislative Dynamics handicaps Time pressures in the 140-day session are tremendous. Lenient lobbying laws, inadequate information services and the need to campaign continuously make legislators easy prey for special interests. The part-time legislature is dominated by fulltime lobbyists. More programs are always seeking support than there is money available to support them. Lack of public understanding and support, particularly regarding the necessity of compromise.

21 Texas Legislative Process: Legislative Dynamics changing alignments: difficult task of adjusting to shifting alliances in the legislature, especially as it has become more urban and more Republican in recent years Cronyism is pervasive. non-legislative lawmaking governor: directly and indirectly influences legislation bureaucracy: supplements legislation with administrative rules and regulations, interprets legislation, advises legislators courts: review constitutionality of legislation and administrative interpretations of legislation

22 Criticism of the Texas Legislature Low salaries and short terms mean legislators need outside income. results in inattention to state business inexperienced staff dependence on special interests gamesmanship to maximize per diem payments The electorate, on the one hand, views the legislature as a group which is paid too much for the work they do and, on the other hand, seems to find little difficulty in entrusting a multibillion-dollar budget to an inexperienced and poorly paid group of legislators.

Criticism of the Texas Legislature: An Example In 2007, CBS Channel 42 KEYE TV Investigates reported on multiple voting by Texas state representatives during a voting session.

Each representative would vote for the nearest absent members, apparently regardless of party affiliation.

23 Criticism of the Texas Legislature: An Example In 2007, CBS Channel 42 KEYE TV Investigates reported on multiple voting by Texas state representatives during a voting session. The report noted how representatives would race to the nearest empty seats to register votes for absent members on the legislature's automated voting machines. Each representative would vote for the nearest absent members, apparently regardless of party affiliation. This practice is in direct violation of Texas legislature rules but no House member was ever disciplined for the practice. The then- Speaker of the House, responsible for enforcement of the rules, issued a statement that discipline for violations of the rule is left to the individual House members. (What?!)

Suggested Reforms of the Texas Legislature a full-time legislature or at least annual sessions reduce the distortions caused by having to rush legislation through at the current furious pace allow

24 Suggested Reforms of the Texas Legislature a full-time legislature or at least annual sessions reduce the distortions caused by having to rush legislation through at the current furious pace allow more time for legislators to examine bills and time for public to learn about and consider issues before the legislature increase length of legislative sessions Texas economy ranks higher than that of most countries in the world. Yet, still maintain a legislative system that was devised when state was unpopulated and economically simple. Lawmakers have already developed ways to extend the period of legislative activity by engaging in extensive pre-session work after the November elections.

25 Suggested Reforms of the Texas Legislature Increase terms of office: House to 4 years, Senate to 6 years term limits: 15 states have term limits for legislators (not Texas) service in Texas legislature never intended to be career Politicians and diapers must be changed often, and for the same reason. (Mark Twain) reduce size of Texas House to 100 or adopt unicameral system The more individuals involved in any activity, the more difficult become coordination and control, thereby diminishing efficiency. easier to pay for increases in compensation: money available that could be distributed across a reduced number of legislators, while reducing the total cost of increases in compensation

Suggested Reforms of the Texas Legislature increase salaries annual average of 10 largest states (excluding Texas): $59,000 Low pay adds to legislators dependence on other sources of income.

26 Suggested Reforms of the Texas Legislature increase salaries annual average of 10 largest states (excluding Texas): $59,000 Low pay adds to legislators dependence on other sources of income. restrict legislative lobbying by members and strengthen reporting requirements for campaign contributions make it more difficult for well-funded special interests to exert control over key legislators simplify the legislative process (suggested methods vary) make all or most roll call votes recorded

27 The Texas Legislature and the Policymaking Process The legislature is the central policymaking institution of state government. It formulates policy in response to external forces that set the political agenda. It affects all stages of the policymaking process. agenda building policy formulation and adoption policy implementation and evaluation

28 The Texas Legislature and the Policymaking Process A number of things affect the legislative process in Texas and therefore the policy outcomes. legislative leadership The centralizing of power of the Speaker and Lieutenant Governor becomes an important factor. The support or opposition of the leadership strongly determines the success or failure of legislation. frenzied nature of the legislative process Neither members nor their constituents have the time to understand proposed policy and reflect on its consequences.

The Texas Legislature and the Policymaking Process frenzied nature of the legislative process no time for thoughtful discussion or consideration of alternatives example: On final day of the 2017

29 The Texas Legislature and the Policymaking Process frenzied nature of the legislative process no time for thoughtful discussion or consideration of alternatives example: On final day of the 2017 special session, House voted in favor of Senate's version of HB21. Bill originally put $1.8 billion into public schools, but Senate Education Committee voted days earlier to reduce that amount by $1.5 billion and set up a commission to study the issue prior to the 2019 session.

The Texas Legislature and the Policymaking Process political ideology greatly influences the legislative process liberalism: seeks to change political, economic or social institutions of society to

30 The Texas Legislature and the Policymaking Process political ideology greatly influences the legislative process liberalism: seeks to change political, economic or social institutions of society to foster the development and well-being of the individual... favors government regulation and higher levels of spending for social programs conservatism: seeks to preserve political, economic and social institutions of society from change... believes individuals should take responsibility for themselves... opposes government regulation, favors lower levels of spending for social programs Historically, conservatives have dominated the policymaking process and policies have reflected their political values.

31 The Texas Legislature and the Policymaking Process political parties have played a relatively small role in legislative policymaking development of two-party system changed legislative process Democratic and Republican members have different policy preferences, especially on issues involving taxes and spending. Democratic and Republican members disagree on policy issues because they represent different constituencies with different interests. interest groups influence the legislative process by contributing money to candidates, which provides legislative access

32 The Texas Legislature and the Policymaking Process interest groups affect the legislative process through lobbying Texas has fewer regulations than other states, but what regulations do exist protect moneyed interests. constituency traditional model of representation: candidates make promises during election and keep (or fail to keep) promises once in office... citizens hold legislators accountable for keeping promises 2nd model of representation: members do what they think constituents will approve at next election... recognizes that members may address issues not addressed during last election

The Texas Legislature and the Policymaking Process constituency 3rd model of representation: members use their own common sense and good judgment to do what is best for constituents and state final

33 The Texas Legislature and the Policymaking Process constituency 3rd model of representation: members use their own common sense and good judgment to do what is best for constituents and state final model of representation: members sometimes represent constituents outside their districts, such as campaign contributors, who may have as much or more influence over legislative decision making as voters Immigration rights activists line the Texas Capitol Rotunda

The Texas Legislature While it is an archaic institution in many ways, the Texas legislature is a peculiar mix of rapid change, increasing partisanship and highly centralized power.

34 The Texas Legislature While it is an archaic institution in many ways, the Texas legislature is a peculiar mix of rapid change, increasing partisanship and highly centralized power. Despite its flaws, the current structure has survived for more than 140 years. The institution is by no means perfect, but in the past it showed that checks and balance did work to reflect the will of the majority. That may be changing as legislative ideology grows increasingly out-of-sync with citizens preferences. As the 21st century unfolds, the legislature remains a curious combination of old-style politics, 19th century institutional design, and the realities of a state with over 27 million people, many of whom live in or near some of the largest urban areas in the nation.

35 The End

Texas Budget Process

THE PLAYERS Texas Budget Process Executive/Administrative Governor o Governor's Office of Budget, Planning, and Policy (GOBPP) Departments and Agencies o Comptroller of Public Accounts o State Auditor