1 / 35

The Legislative Branch

The Legislative Branch. Chapter 4. Texas Legislature - Elections. Apportionment and Redistricting Apportionment: basis for representation. Texas Senate was “qualified electors;” House was “population.” Limits and “rotten boroughs”

effie
Télécharger la présentation

The Legislative Branch

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Legislative Branch Chapter 4

  2. Texas Legislature - Elections • Apportionment and Redistricting • Apportionment: basis for representation. Texas Senate was “qualified electors;” House was “population.” Limits and “rotten boroughs” • Districting: drawing the boundaries for districts: House, Senate, U.S. House of Representatives. Districts must be compact, contiguous, approximately equal in population. Ideal size: Senate=672,639; House=139,012.

  3. Texas Legislature - Elections • Redistricting Process (TX House and Senate) • Legislature passes redistricting bill. • Governor may veto. • If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a Legislative Redistricting Board (Lt. Gov., Speaker, AG, Comptroller, Land Commissioner) draws the districts. • Gerrymandering • Packing • Cracking

  4. Texas Legislature - Elections • Redistricting Process (US House) • Legislature passes redistricting bill. • Governor may veto. • If legislature cannot pass a redistricting bill, the governor vetoes the bill, or a court rules the bill unconstitutional, then a U.S. District Court must draw the district boundaries. • 2003 Redistricting • 2002 Elections • 2003 Regular Session • 2003 Special Sessions

  5. Texas Legislature - Elections • Reelection rates and turnover • Texas House: 1998=16%; 2000=7%; 2002=23%; 2004=11%; 2006=18%; 2008=13% • Texas Senate: 1998=6%; 2000=3%; 2002=23%; 2004=6%; 2006=16%; 2008=13% • Tenure, 2009: House= 8 years; Senate=14 years • Term Limits?

  6. Texas Legislature - Structure • Bicameral • Biennial meetings, Odd years • House Members – 150 House, 31 Senate • Tenure – 2 years House, 4 years Senate • Compensation – salary ($7,200) and per diem ($168 in 2009) • Residence – House – 2 years state, 1 year district • Residence – Senate – 5 years state, 1 year district • Age – House – 21, Senate - 26

  7. Texas Legislature – Characteristics of Members • Occupation, education, and religion • Businesspersons and lawyers • Majority have advanced degrees • Catholics, Baptists, Methodists, and Episcopalians • Gender, race, and age • 43 Women (6 Senate; 37 House) • 38 Hispanics (6 Senate; 32 House) • 16 African Americans (2 Senate; 14 House) • 2 Asian American (House) • Average age: 51 House; 54 Senate

  8. Texas Legislature – Characteristics of Members • Political Party • Historically, Democrats had majorities • 2009, House: 76 Republicans, 74 Democrats Senate: 19 Republicans, 12 Democrats • Ideology--2007 • 70 Conservatives: 68 Republicans, 2 Democrats • 36 Liberals: 33 Democrats, 3 Republicans • 38 Populists: 33 Democrats, 5 Republican • 4 Libertarians: All Republicans

  9. Texas House–Composition

  10. Texas Senate–Composition

  11. Texas Legislature - Organization • Leadership • Senate – Lieutenant Governor • House – Speaker • Committees • Types of Committees • Standing • Special • Interim • Joint • Conference • Composition

  12. House Committees – 81st Legislature 34 Standing Committees 28 Substantive 6 Procedural 18 Republican Chairs 16 Democratic Chairs

  13. Senate Committees – 81st Legislature18 Standing Committees16 Substantive2 Procedural12 Republican Chairs 6 Democratic Chairs

  14. Powers – Speaker of the House • In the leadership system • Appoints chairs and vice chairs of substantive committees • Appoints housekeeping and leadership committees • Appoints speaker pro tempore

  15. Powers – Speaker of the House • In the committee system • Appoints half of substantive committee members • Appoints all members of the Appropriations Committee • Appoints select, conference, and interim committee members • Determines jurisdiction of committees through control over House Rules

  16. Powers – Speaker of the House • In the staff system • Appoints officers, employees, and personnel • Appoints members of the Legislative Budget Board (Speaker, Appropriations Chair, Ways and Means Chair, 2 others) and Legislative Council (House Administration Chair, 5 others). • Appoints members of the Sunset Advisory Commission (5 House members and 1 public member).

  17. Powers – Speaker of the House • In the system of rules and procedures • Writes the rules for the House • Applies, enforces, and interprets the rules • Refers bills to committees • Presides over activities in the House • Schedules bills for floor debate (Calendars Committee)

  18. Opposition in the House • House Study Group (1975) • Opposition to Speaker Clayton • Morphed into House Research Organization • Texas Conservative Coalition (1985) • http://www.txcc.org/ • Formed in opposition to legislation • Created research institute • Legislative Study Group (1994) • http://www.texaslsg.org/ • Moderate and progressive members

  19. Think Tanks • Texas Public Policy Foundation • http://www.texaspolicy.com • Conservative group • Publications, Forums, etc. • Center for Public Policy Priorities • http://www.cppp.org • Progressive group • Publications, Forums, etc.

  20. Legislative Process - Introduction • One primary author, cosponsors allowed – written permission • Filing dates – no limit during first 60 days, 4/5s required after • Copies – 13 required • “preferred bills” – one per member – priority on calendar • First reading and assignment to committee – read on 3 days – 4/5 to suspend – Speaker assigns

  21. Legislative Process - Committee • No bill can become law unless referred to and reported on by committee • Committee hearings – can consider legislation in public hearings, formal meetings, and work sessions. Meetings open to the public. Votes in open meetings. • Before committee consideration – analysis of bill, fiscal note, and impact statement – criminal justice, equalized education funding, water development, tax equity, actuarial • Anyone can testify before a committee

  22. Legislative Process - Committee • Committee Actions • Amend bill • Substitute bill • Kill bill – chair determines when and if bill gets a hearing. Two-thirds vote to remove bill. Minority report possible. • Subcommittee • Referred by committee chair • Members chosen by chair

  23. Legislative Process – Committee Report • Recorded vote adopting report • Recommendation of assignment to a calendar • Amendments and recommendation • Effect of bill on existing law • Analysis and synopsis of bill • Summary of committee hearing

  24. Legislative Process – Calendar Committee • Assignment – 7 days – placed on one of House calendars • Placement – daily calendar – only bills debated on the floor. Cannot require placement by the committee – 36 hours before second reading

  25. Legislative Process – Floor • Order of business • Registration of members – 2/3 quorum • Daily order of business • Call to order • Registration of members • Consideration of calendars – Emergency, Major State, Constitutional Amendments, General State, Local, Consent, Resolutions

  26. Legislative Process – Floor • Daily order of Business (Continued) • Second reading – amendments possible. Sponsor opens and closes debate (20 minutes). Others get 10 minutes. Limit by previous question or motion to limit amendments. Voting by voice or roll call. • Third reading – separate legislative day. Four-fifths to suspend rule. Amendments require 2/3 vote.

  27. Legislative Process – Senate • Calendaring Function – “blocker” bill • Intent Calendar – president of the Senate • Two-thirds vote – 21 senators – to suspend rules and consider bill • Debates – no limit • Filibuster

  28. Legislative Process – Conference Committee • Five representatives • Five senators • Vote by chamber • Majority of each chamber required • Returns to chambers • Only consider differences

  29. Legislative Process – Gubernatorial actions • Ten days to sign or veto bill if legislature is in session. • Bills effective 90 days after end of session unless: later day set or emergency declared and 2/3 vote in both chambers (earlier date set)

  30. Budgeting Process - Steps • Budget Preparation • Governor’s Budget Office • Legislative Budget Board (LBB) • Constitutional Limitations • Balanced budget • Limit on spending growth • Comptroller’s estimate • Comptroller’s certification

  31. Budgeting Process - Steps • Budget Adoption • Committee Hearings • House Appropriations • Senate Finance • House and Senate Action • Conference Committee • Budget Execution • Governor and LBB must agree on movement of funds

  32. Influences on Legislative Behavior • Legislative staff • Individual legislators • Committees • Institutional • Legislative Council • Legislative Budget Board • Senate Research Center

  33. Influences on Legislative Behavior • Relations with the governor • Call special sessions • Determine agenda items for special session • Veto bill • Relations with lobbyists • Provide information • Protect interests of groups represented

  34. Join the Debate: Redistricting • Arguments for Nonpartisan Redistricting • Parties should not be able to increase their influence • Legislatures will not be fair in redistricting • Independent committee more likely to be fair • Arguments against Nonpartisan Redistricting • Truly independent or nonpartisan redistricting committee is impossible • Plan consequences are observable • Redistricting is a political process

  35. Legislative Branch and Democracy • Powers of legislative leaders • Legislative procedures

More Related