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Functions of legislative bodies
- Articulate the general demands of society
- Represent the needs of special segments of the society -wether organized or unorganized
- Frame & give approval to the laws
- Allocate the resources of society (tax & Spend)
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Types of Disctricts
- Multi member: used in house prior to the 1970's for urban areas only
- Single member: Prior to the 1970's rural districts only. All senate/house after 1970's
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Types of Constituences
- Racial/ethnic
- Economic
- Religious
- Geographical - sole method for legal drafting of districts today
- (Although the way the districts are drawn can create homogeneous districts of a particular nature)
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Delegate
Votes as she/he believes the district wants
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Trustee
Votes consisteny with personal beliefs
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Advocate
Votes wishes of major supporters/contributers
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Politico
Combination of the three roles
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Bicameral Structure of TX legislature
- Senate: 31 Members elected for 4 yr terms
- (overlapping terms for senates)
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Organizational Issues for legislative bodies
- Level of professionalism
- Degree of partesan organization
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Citizen Legislature
- Low pay
- Limited length sessions
- Limited staffing
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Professional Legislature
- Full time members
- No limits on sessions
- Adequate staffing
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Partisan Organization
- Parties responsible for selection of
- -Leadership
- -Committies
- -Staffing
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Non-Partisan Organization
- Parties play only limited role in;
- Leadership
- appt. to committees/chairs
- appt. to staff/legislative agencies
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Salary
Set by tx constitution at $7,200 / yr
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Per diem
- Governed by IRS allowable
- Set annyally by TX ethics commission
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Travel
Same mileage rates as state employees when on legislative business
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Retirement
- Must have 12 years service
- Calculated on 2.3% x yrs service x salary of district judge
- (a form of deferred compensation)
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Duties of the Legislature
- Legislative
- Amendment of Constitution
- Electoral Function
- Direct & superviary functions
- Legislative audit committee
- Sunset commission
- Investigatory function
- Impeachment
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Non-Constitutional duties of members
- Services for constituents
- Oversight - through staff & committies
- Research - through staff & committies
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Powers of presiding Officers
- Appoints all committies
- Refers bills to committee
- Approves apppointments of empoloyees
- Organizes calandars for legislative action
- Recognizes speakers
- Rules on points & order
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In the House
- Speaker -- Elected by the members
- Speaker pro-temp - Appointed by speaker
- Officers - appointed by speaker
- * 35 Standing committees - 5 procedural
- 1. Calandars
- 2. General investegations
- 3. House administration
- 4. Local & consent
- 5. Resolutions
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In the senate
- Lt-Governar - elected by voters
- President pro temp - elected by senate (seniority)
- Senate officers - elected by senate
- * 19 Standing Committees - not substentive committees administrative, committee of whole senate, nominations
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Standing committee
membership established at beginning of session
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Special (investigatory) committees
Created with a special mandate
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Interim (Study)
Operates during interiam only
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Statutery
- Established by law
- -Legislative Budget Board
- -Legislative Council
- -Legislative Audit committee
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Session staff
- Senate- Variable allowance set by senate administration committee for each senator
- House- Fixed allowance for each house member for staff and office expense
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Office expenses
- Senate - "Reasonable expenses"
- House - Part of overall allowance
- Interim - same agreement, but reduced amounts
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Legislative role of Governor
- Declare legislative emergencies
- Address legislature
- Call special sessions
- Veto legislation
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Legislative Reform Proposals by "experts"
- Full time legislaters
- Better infermational services
- Improved mechanics
- -Rules
- -Roles of presiding officers
- -Limits on local & special legislation
- Lobby control
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Main steps of the legislative process in TX
- 1. Drafting the proposals
- 2. Introduction & referral
- 3. Committee actions
- 4. Floor consideration
- 5. Conference committee
- 6. Governor's action
- 7. Overide of veto
- * These actions do not occur on every bill
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Types of legislative Instruments
- Bills (HB-House bill, SB senate bill)
- Joint & resolution (HJR/SJR)
- Concurrent resolutions (HCR/SCR)
- Simple resolutions (HR/SR)
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Drafting of Bills
- Major source of legislative process
- -Interest groups
- -Agencies of executive branch
- -Legislative staff & commiettees
- -Individual members
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Introduction & Referral
- Introduced by members only
- - filed with secretary of senate or clerk of house
- Referred to committee
- -by presiding officer of recommendation of parliamentation
- -each house can over ride presiding officer by majority vote
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Committee Action
- Hearing
- Proposes of hearing
- Subcommittee consideration
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Floor consideration
- House of representatives
- Calandar committees
- Senate
- -no calandar committee
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Type of action on floor
2nd & 3rd readings
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Conference Committee
- Requires majority vote of both houses to grant conference
- Members appt by presiding officers
- Majority of committee members agree on conference report
- Majority of members from both house must approve final report
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Governors action
- Has 10 days to
- -Sign
- -or veto a bill
- After 10 days --> becomes law withtout governors signature
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Over ride veto
- Extremely rare
- -Only twice in last 50 years
- Requires 2/3 vote of both houses
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