GOVT 2306

1. GOVT 2306 State and Local Legislatures

2. This is the first of three sections designed to give an overview of the three branches of Texas Government.This section contains background information about the legislative branch in general, as well as some description of the legislature at the state level.

3. But the point here is to get used to what a legislature is all about, and what role in plays in the governing system.Special attention is given to the unique role that state legislatures play in the federal system.

4. For an overall look at the legislature, you might want to click through the Wikipedia entry on legislature. They also have a page on the Texas Legislature, and if you look to the bottom of the page you’ll notice separate links to each of the 82 sessions held by the legislature.

5. The Texas Legislature entry in the Texas State Historical Association website provides a good historical look at the development of the legislature overtime.

6. The Texas Senate also has a booklet available that briefly explains how the Texas Legislature works.There are many similar resources available, I’ll provide links here and there.

7. You might also find this website worth looking through. The NCSL is an interest group that focuses on issues important to state legislatures.National Conference of State Legislatures

8. Legislatures also exist on the local level. Cities however are the only local government that has what can be clearly defined as a legislature. They are called City Councils.

9. Other local governments are headed by commissions and boards that do not have a similar legislative function. They have limited powers defined by the state.

10. Counties are headed by a locally elected commissioners court, and single purpose governments are generally headed by elected boards. Their functions are restricted by state law – more on this below.

11. Question: How much power should a legislature have? Since the legislature is specifically tied into the general population, this is also a way to ask, how much power should the general population have in governing?

12. Professional vAmateur

13. A variety of states have legislatures that are designed to meet regularly between elections, pay legislators full time salaries, and provide funds for large staffs to allow for effective constituent service.

14. These are professional legislatures. Legislators are considered to be full time employees.They tend to be in states that have more of an activist orientation towards the role of government.

15. Other states, including Texas, have legislatures that meet for short periods of time and are paid small salaries. These are used in state that want a more limited legislature.

16. These are amateur legislatures. The idea is that legislators should work part-time and spend the majority of their time working their regular jobs in their home districts.

17. This is a simplistic analysis, but states have at least two different ways to look at the role legislatures should play in the governing process.

18. One quick point: The legislature is the democratic branch of government. It is specifically designed to represent the diverse interests that exist in the state (or whatever unit of government it exists in).

19. While this is a simple point, the process for providing democratic representation can get complex quickly.

20. As on the national level, legislatures are generally composed of people (called legislators) elected from separate districts spread evenly across the political unit in question.

21. This helps explain why state and local legislatures can be contentious.

22. Like the US Congress, state legislatures, with the exception of Nebraska, are bicameral. They contain a House which is closely connected to the people and A Senate which is further removed from it. This reflects an ongoing conflict regarding the best way for a legislature to represent the population. Should it be responsive to immediate shifts in public preferences, or should there be some distance between the preferences of the population and actions of the legislature?

23. Houses of Representatives are designed to be closely connected to the general population. Terms of office tend to be short, and each legislator represents a district with a small number of people.

24. The 150 members of the Texas House each serve 2 years terms of office and represent approximately 150,000 people.

25. Senates are further removed further from the electorate. Terms of office are longer and the districts are larger.

26. The 31 members of the Texas Senate represent about 800,000 people for four year terms. The terms overlap, so roughly half of the members of the Senate face the voters each election.

27. Notice that the districts in within each chamber are about the same size in numbers. This is a consequence of a series of court that saw equal court districts as being necessary in order to provide equal representation.

28. Unequal representation violates the unwritten principle of “one person, one vote.”This was established nationally in Baker v. Carr, and applied to the states in Reynolds v Sims.

29. Key point: In a bicameral legislature, each chamber has the power to veto the decisions of the others. Laws can only proceed to the executive for a possible signature if it is accepted by majorities in both chambers.

30. Many cities – especially larger ones – have city councils.They tend to not be very large, and their specific function can vary depending on the specific design of the government under the city charter.

31. City council members tend to represent one of two types of districts: At-LargeSingle Member

32. In an At-Large District the city council members represents the entire city while in a Single-Member District they represent a specific district carved out within the city.

33. At one point most districts at the city level were at-large, but this was demonstrated to allow for discrimination since minority populations were unable to elect any members of their groups to office.

34. By carving the city into smaller districts, these groups could be drawn into a specific district and then they would be far more able to represent one of their members to office.

35. The federal government, through the Voting Rights Act has required cities in Texas – especially the larger ones: Dallas, Houston and San Antonio – to use single member districts in its city councils.

36. Most contain a mix of the two. Houston has 5 members elected at large and 11 elected from single members districts. Alvin has 2 at large members and 5 elected from single member districts.

37. Recall that Texas is covered under Voting Rights Act

38. An important obvious point needs to be made about districts: They have to be drawn. This process is exceptionally contentious. Every state has its own way of doing so, but ultimately the process is up to the state legislature.

39. In Texas, this function has been delegated to the Texas Legislative Redistricting Board, and as with all other aspects of electoral laws in the state, their decisions have to pre-cleared by federal judges in a process outlined in the Voting Rights Act.This includes the redrawing of state and federal districts.

40. Some state have independent redistricting commissions which attempt to remove political people from the process.Ballotpedia has information on state-by-state redistricting procedures.

41. After every census, the apportionment of members of Congress to each state is changed in order to reflect population shifts. Each state is given the power to determine what to do with these seats. All have opted to assign each member of Congress to represent a single member district.

42. Since Texas has steadily grown over its history, the number of seats apportioned to it has grown over time. The question for the Texas Legislature has always been, where to allocate these districts in the state? What will their borders look like? Who will be represented?

43. The same questions pertain to State House and Senate districts. Drawing the borders of districts allows for manipulation. The name give to this process is gerrymandering.

44. Gerrymandering can defeat the democratic nature of representation by altering how different populations are represented. Population centers can be carved in such a way that a group may be underrepresented.

45. They are especially effective ways for powerful interests, that are becoming minorities, to break apart majorities so they can retain power.Here are examples of techniques:

46. CrackingDividing up a sizeable group into several districts to deny it the power to elect a representative to a legislature

47. PackingConcentrating the voters of some group (racial, partisan or whatever) in a single district in order to minimize the possible number of districts those voters can dominate.

48. Gerrymandering – controversially – can also be used to boost minority representation.This can be problematic because if the minority in question is a racial minority, taking race into consideration can violate the equal protection clause. Race is a suspect classification according to the Supreme Court.

49. A second quick point: Legislative branches have the power of the purse.

50. This means that they have special power over the collection of revenue (the establishment of taxes), the level of spending, and the treasury (the passage of appropriations bills).