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GOVT 2302

GOVT 2302. The Texas Legislature – Constitutional Design.

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GOVT 2302

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  1. GOVT 2302 The Texas Legislature – Constitutional Design

  2. In this section we will walk through Article III of the Texas Constitution, section by section, and discuss each in turn. Article III provides the building blocks of the Texas Legislature and details aspects of the power of the purse in the state.

  3. If you find these power points clunky, these resources might be more helpful: - Texas Politics: The Legislative Branch.- Citizen Handbook: How the Texas Legislature Works.- TSHA: Texas Legislature.

  4. If you are ambitious: Here is a detailed history of the constitutional design of the legislative department in Texas beginning in 1836. It provides a detailed history of each of these sections.It was produced by the Texas State Law Library.

  5. This section will stick to issues directly tied to the Texas Constitution. Other issues – for example, those related to parties – will be discussed elsewhere.

  6. As you already know, the Texas Legislature is one of three branches of Texas government. It is the law making branch, the one that allows for the diverse interests in the state to have an influence on statewide policymaking.

  7. Article II of the Constitution establishes that Texas’ government in composed of three distinct branches.Here is the text:

  8. DIVISION OF POWERS; THREE SEPARATE DEPARTMENTS; EXERCISE OF POWER PROPERLY ATTACHED TO OTHER DEPARTMENTS. The powers of the Government of the State of Texas shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to wit: Those which are Legislative to one; those which are Executive to another, and those which are Judicial to another; and no person, or collection of persons, being of one of these departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.

  9. The three branches have unique functions: Legislature – make lawsExecutive – implement lawsJudiciary – adjudicate laws

  10. The US Constitution does not contain a similar clause.It does not claim to be a system of separated powers, it simply is a system of separated powers.

  11. In 2305 we discussed the principle of separated powers exhaustively. James Madison argued that the combination of legislative, executive, and judicial powers in one institution was tyranny. In such a system, there is no way to limit power. The division of power into three branches is meant to make the establishment of a tyranny difficult – though not impossible. Forces will always attempt to combine these powers together.

  12. The Texas Constitution also separates powers by requiring that each keep within its own sphere of authority. The checks and balances are meant to ensure that the ambitions of each are the primary mechanisms for doing so.

  13. Recall that the separated powers are kept separated by the internal design of governing institutions.The ambitions of each are intended to counteract the ambitions of the other.

  14. Remember that the 1876 Texas Constitution was written by agrarians in the 1875 Convention (see Texas Politics here) that reacted against the strong state government created in the 1869 Constitution.See the Journals of the 1875 Convention here.

  15. Many of the features we will see here were designed to limit legislative power – in the same way that features limited executive and judicial power as well.These will be pointed out as we go along. One of the criticisms of the Texas Constitution is that the language that limited governmental power has required multiple amendments added piecemeal over time to allow the Texas government to address the different issues that come up from time to time.

  16. This helps explain the length and confusion of much of the article. (you have been warned)It also helps to explain the length of this section – why so many power points.

  17. Again: The Texas Legislature is outlined in Article Three of the Texas Constitution.You might want to also read the legislature’s entry in the Handbook of Texas Online.

  18. Here is a link to the original wording of Article 3 of the 1876 Constitution.It had 58 Sections and 3,809 words

  19. It has since been amended considerably – as has all of the Texas Constitution.In the current version, the article contains 67 Sections and 29,557 words.

  20. As discussed elsewhere, the additional language places more clearly defined boundaries on the activities of the legislature. It makes it more difficult to change as well without additional constitutional amendments.

  21. Section 1 contains the vesting clause.SENATE AND HOUSE OF REPRESENTATIVES. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled "The Legislature of the State of Texas."

  22. The language establishes a bicamerallegislature and vests it with the power to make laws. In a broader sense, it also provides representation for the general population and checks the executive and judicial branches.Historically, it has also served as the watchdog over the public treasury and protects it from the executive branch.

  23. This is what the building looks like:

  24. Here’s a floor plan that shows you where the two chambers are located.The House is to the left and the Senate is to the right.

  25. And links to each institution’s homepage: The Texas HouseThe Texas SenatePlus an all purpose site: Texas Legislature Online.

  26. Ballotpedia has links on each as well. Here is the House, here is the Senate.

  27. As with the US and all but one state (Nebraska), Texas has a unicameral legislature composed of a lower chamber (the House) and an upper chamber (the Senate).

  28. For more detail on state legislatures click on the website of the National Conference of State Legislatures, read the mission of this organization here.Click here for comparisons of state legislatures.

  29. Section 2 states how large each is.Sec. 2.  MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty-one members. The House of Representatives shall consist of 150 members.

  30. Click here for the House members of the 82nd Session.Click here for the Senate Members of the 82nd Session.

  31. Districts are described below, but here’s an early peek:

  32. Texas House Districts

  33. ACC is in the 29th House District.Here is a description of it from the Texas Tribune. District analyses can be found on Randy Weber’s House home page.

  34. It was represented by Randy Weber in the 82nd Session.Here is his profile in the Texas Tribune.

  35. Texas Senate Districts

  36. ACC is also in the 11th Senate District.Here is the Texas Tribune’s description. District analyses can be found on Mike Jackson’s Senate home page.

  37. It was represented by Mike Jackson in the 82nd Session.Here is his profile in the Texas Tribune.

  38. As with most bicameral systems, the House has more members than the Senate. This allows for more focused representation of a smaller group of people in the House and a greater ability to focus on the greater interests of the state in the Senate.

  39. The Floor of the House

  40. The Floor of the Senate

  41. Section 3 describes the election and terms of office for Senators

  42. Sec. 3.  ELECTION AND TERM OF OFFICE OF SENATORS. The Senators shall be chosen by the qualified voters for the term of four years; but a new Senate shall be chosen after every apportionment, and the Senators elected after each apportionment shall be divided by lot into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first two years, and those of the second class at the expiration of four years, so that one half of the Senators shall be chosen biennially thereafter. Senators shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

  43. Click on Ballotpedia for detail on the 2012 Senate elections.

  44. Section 4 describes the election and terms of office for Members of the House

  45. Sec. 4.  ELECTION AND TERM OF MEMBERS OF HOUSE OF REPRESENTATIVES. The Members of the House of Representatives shall be chosen by the qualified voters for the term of two years. Representatives shall take office following their election, on the day set by law for the convening of the Regular Session of the Legislature, and shall serve thereafter for the full term of years to which elected.

  46. Click on Ballotpedia for detail on the 2012 House elections.

  47. 2 year terms for the House4 year overlapping terms for the SenateAll are elected by the qualified voters of the state.

  48. For information about Texas Legislators Past and Present click here.Here is a break down of party affiliations in the Texas Legislature.And member statistics for recent legislatures

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