Understanding The Texas Lawmaking Process: 12 Key Steps

The process of a bill becoming a law in Texas is a complex one. It involves multiple stages, including introduction and referral, committee action, floor action, a conference committee, and finally, approval or veto by the Governor. The bill must be read three times in its chamber of origin and then three times in the other chamber. If a bill passes through both chambers but is changed in the second chamber, the original author of the bill decides whether to accept the changes. If they do, the bill goes to the Governor, who has the power to sign it into law or veto it. If a bill is vetoed, it must be reintroduced in the next session.

Bill filing/introduction

The first step in the process of a bill becoming a law in Texas is its introduction or filing. This is when the bill is first presented to the Senate, either directly from the floor or through copies distributed to the secretary of the Senate. The bill must be introduced within the first 60 days of the legislative session, which lasts 140 days.

Every bill has an author or sponsor. The author is the person who originally drafted the bill, while the sponsor is the one who agrees to champion the bill in the opposite chamber. There are four types of authors: Primary Author, Additional Primary Author, Joint Author, and Co-authors. The primary author is the original author and champion of the bill. In the Senate, members who want to show support for a bill before it is filed can become additional primary authors, and their names will be listed in alphabetical order after the primary author. There is no limit to the number of additional authors. Joint authors, on the other hand, are only applicable in the House. Members who want to show support after the bill is filed can become joint authors, and there is a limit of four representatives. Lastly, co-authors can sign on at any time, and there is no limit to their number.

Once the bill is introduced, there are three readings involved. The first reading includes a brief caption explaining the context of the bill. Then, the Lieutenant Governor refers the bill to a committee, which can be a standing committee, select committee, or joint committee. The Lieutenant Governor or Speaker, depending on the chamber, determines the type of committee. The committee will then decide whether the bill survives, and it can be passed, nullified, pigeonholed, or rewritten. Senators can also postpone a committee hearing for a bill for two days.

Committee consideration

The bill is referred to a committee by the Lieutenant Governor or Speaker, depending on the chamber. The bill is considered read for the first time when it is referred to a committee. There are 15 Senate standing committees and 34 House standing committees. Standing committees exist year-round and only have members from one chamber. Joint committees, on the other hand, have both Senators and Representatives. There may also be select committees, which are formed for a specific purpose and are not renewed on a permanent basis.

While a bill is in committee, the existing language can be swapped with a committee substitute. The author of the bill can change its language at this stage before others have a chance to amend it. The bill is then carefully examined, and the committee decides whether it survives. The committee can pass or nullify the bill, or it can be pigeonholed or rewritten. Senators can also postpone a committee hearing for a bill for two days.

After a bill is voted out of committee, it is sent to a calendars committee in the House or becomes eligible to be heard on the Senate floor. Attached to the bill is a committee report, which includes the committee's recommendations, the text of the bill, a fiscal note or other impact statement, any proposed amendments, an analysis of the bill, and a witness list of non-members who showed their support or opposition to the bill. Fiscal notes detail the potential cost of the bill to the state and are put together by the Legislative Budget Board.

Floor consideration

The floor consideration stage is when a bill is considered by the full House or Senate, receiving its second and third readings. The bill is read, again by caption only, and then debated by the full membership of the chamber. Any member may offer an amendment, but it must be approved by a majority of the members present and voting for it to be adopted. The members then vote on whether to pass the bill.

The bill is then considered by the full body again on the third reading and final passage. A bill may be amended again at this stage, but amendments require a two-thirds majority to be adopted. Although the Texas Constitution requires a bill to be read on three separate days in each chamber before it can become law, this constitutional requirement may be suspended by a four-fifths vote. The Senate routinely suspends this provision to give a bill a third reading immediately after its second. The House rarely suspends this provision. However, since the readings are required on three separate legislative days, the House can recess at the end of one calendar day, reconvene the next calendar day, pass a bill on the second reading, then adjourn. During the same calendar day, the House can convene a new legislative day, pass the bill on third reading, and meet the constitutional requirement, even though the bill was read twice on the same calendar day. This is especially important at the end of the regular legislative session.

In either chamber, a bill may be passed by a voice vote or a record vote. In the House, record votes are tallied by an electronic vote board controlled by buttons on each member’s desk. In the Senate, record votes are taken by calling the roll of the members. If a bill receives a majority vote on the third reading, it is considered passed.

Governor's signature

Once a bill has been passed by both chambers of the Texas Legislature, it is sent to the Governor, who has three options: they can sign the bill, veto it, or allow it to pass without a signature. If the Governor chooses to sign the bill, it becomes an enforced law. However, if they veto the bill, it must be reintroduced in the next session, and the bill number does not carry over.

The Governor has 10 days to act on the bill from the date of receiving it or 20 days after Sine Die (the last day of the session) if it was received within the final 10 days of the session. It is important to note that a two-thirds majority in each chamber can override a veto, but the Legislature must be in session to do so. As a result, bills passed in the final days of a legislative session that are vetoed can be challenging to override.

If a bill is neither vetoed nor signed by the Governor, it will automatically become law on the 91st day after final adjournment, unless a different date is specified. On the other hand, Constitutional amendments are sent to the voters for their approval in the following November election.

Effective date

The final step in the process of a bill becoming a law in Texas is the "effective date". This is the date on which a bill becomes a law. The governor has the option to sign the bill, veto it, or allow it to pass without a signature. If the governor takes no action, the bill becomes a law on the effective date.

The governor has 10 days to act from receiving the bill or 20 days after Sine Die (the last day of the session) if it was within the final 10 days of the session. A two-thirds majority in each chamber can override a veto, but the legislature must be in session to do so. Bills passed in the final days of a legislative session may be nearly impossible to override if vetoed.

A bill becomes a law on the 91st day after final adjournment unless otherwise specified. Constitutional amendments, on the other hand, go to the voters for their approval in the following November election.

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