The process of how a bill becomes a law in Texas is a complex one. A bill must be introduced by a member of the Texas Legislature to their respective chamber, with a number assigned according to the order it was introduced. Bills must be introduced in the first 60 days of the regular session, after which a four-fifths majority is required for further introductions. Once introduced, a short description of the bill is read aloud, followed by its referral to a committee. The committee hears testimony for and against the bill and can choose to take no action or issue a report. If the bill passes the committee stage, it proceeds to the floor for debate and a vote. If it passes this stage, it is sent to the other chamber to repeat the process. If both chambers pass the bill but there are differences in their versions, a conference committee is formed to reconcile the two. The bill then goes to the Governor, who can sign it into law, not sign it, veto it, or use a line-item veto to eliminate certain parts.
What You'll Learn
- Legislative sessions are 140 days, starting on odd years' first days
- Bills are introduced by legislators, assigned a number, and read
- Committees hear testimony, decide on action, and report
- Floor action: the bill is debated, amended, and voted on
- Conference committees reconcile different versions of the bill
Legislative sessions are 140 days, starting on odd years' first days
Texas legislative sessions are 140 days long and begin on the first day of odd-numbered years. The session is the only time laws and budgets can be passed. The process of passing a bill is complex and lengthy, and there are many steps and requirements that must be followed for a bill to become a law.
The first step is for a legislator to introduce a bill to their respective chamber. For example, only a Texas Senator can introduce a bill in the Senate. The bill is assigned a number based on the order it was introduced, and it must be introduced separately in both chambers. Bills that require raising taxes or funds must begin in the House. Additionally, bills must be introduced during the first 60 days of the regular session; after this period, introducing a bill requires a four-fifths majority in either chamber, unless the Governor has declared an emergency and the bill pertains to that emergency.
Once a bill is introduced, a caption, or short description, is read aloud, which is considered the first reading. The presiding officer then assigns the bill to a committee. The committee, also known as "Little Legislators," will hear testimony for or against the bill and decide to take no action or issue a report. If no action is taken, the bill dies. The committee's report includes a record of how each member voted and their recommendations regarding the bill.
After the committee stage, the bill moves to the floor action stage. A copy of the committee's report is sent to all members of the Texas Legislature, and the bill is read again by caption and then debated by legislators. The members of the chamber cast their votes, and the bill needs a majority vote to pass. Once it passes, it is sent to the other chamber, where the process is repeated.
If there are two different versions of the same bill, a conference committee is formed, consisting of five members from each chamber. For the bill to pass, at least three members from each chamber must approve it. If this occurs, the bill is signed by the presiding officers of each chamber and sent to the Governor.
The Governor has four options when a bill reaches their desk: they can sign it into law, not sign it (in which case it becomes law within 10 or 20 days, depending on whether Congress is in session), veto it (which can be overridden by a two-thirds vote from the Legislature), or use a line-item veto to eliminate certain parts of the bill without killing the entire document (this option is only available for state budget bills).
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Bills are introduced by legislators, assigned a number, and read
A legislator or legislators introduce a bill into their respective chamber. The legislator files the bill with either the chief clerk of the House or the secretary of the Senate. The bill will also be assigned a number according to the order it was introduced (i.e. the first bill introduced in the House would be HB-1). Once this is done, the bill can be considered for debate.
In Texas, bill filing begins the Monday after election day and continues with no restrictions until 60 days into the legislative session. After the 60-day period, legislators attempting to introduce a bill must have the consent of four-fifths of their respective chamber.
The bill must be introduced during the first 60 days of the regular session. After this period, the introduction of the bill requires a four-fifths majority from either chamber, unless the Governor has declared an emergency and the bill pertains to that emergency.
Once the bill is introduced, a caption (short description of the bill) is read aloud. This is considered the first reading. After the first reading, the presiding officer assigns the bill to a committee. The committee will hear testimony for or against the bill and decide to take no action or issue a report on the bill. If no action is ever taken, the bill dies.
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Committees hear testimony, decide on action, and report
The committee, also known as the "Little Legislators", will hear testimony for or against the bill. The committee chairman decides which bills come before the committee, with the majority being left pending. Advocates may show their support or disapproval of a bill in several ways. They can "drop a card", which is a process to formally register their support or opposition without testimony. They can also provide oral or written testimony. After hearing the testimony, the committee decides whether to take no action or issue a report on the bill. If no action is ever taken, the bill dies.
The committee's report will include a record of how everyone voted, as well as the recommendations regarding the bill. This report is then sent to all members of the Texas Legislature. The report includes:
- The committee's recommendations and the yay and nay votes on the bill.
- The text of the bill as reported out by the committee.
- A fiscal note or other impact statement.
- Any proposed amendments.
- An analysis of the bill.
- A witness list of non-members who showed their support or opposition to the bill.
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Floor action: the bill is debated, amended, and voted on
Floor Action
The floor action stage is where the bill is debated, amended, and voted on by the members of the Texas Legislature. This is the second reading of the bill, during which it is up for debate and amendment by the entire membership. Amendments to the bill at this stage require a simple majority vote, and a separate vote is taken on each amendment.
The bill may be amended to strengthen it or to address any concerns raised during the committee stage. After the second reading, a vote is held to pass the bill onto the third reading. On the third reading, the final passage vote is held, and any further amendments must pass with a two-thirds majority vote. The Texas Constitution requires a bill to be read on three separate legislative days, but there are rules in place to speed up this process if needed.
Once a bill passes after the third reading, it moves to the other chamber of the Texas Legislature and begins the process again. This includes being referred to a committee, having a second and third reading, and being debated, amended, and voted on. If the bill passes through both chambers without any amendments, it is then enrolled and sent to the Governor for their signature.
However, if the second chamber makes any changes to the bill, it will return to the originating chamber for approval of the amendments. If the originating chamber does not agree with the amendments, a Conference Committee may be created to reconcile the differences between the two versions of the bill.
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Conference committees reconcile different versions of the bill
Conference committees are only formed when there are two different versions of the same bill. They are made up of five members from each chamber, with three representatives and two senators. Their task is to create a final version of the bill that is acceptable to both chambers.
The committee cannot add or amend any text that is not in disagreement without a resolution. Once the committee has agreed on a final version, their report must be approved by at least three members of the committee from each chamber. The report is then returned to each chamber, where it can be accepted or rejected.
If the report is accepted, the bill is enrolled and sent to the Governor. If it is rejected, the bill is returned to the same conference committee or a new committee. If the committee cannot reach an agreement, the bill is killed.
The Governor's Role
Once the Governor receives a bill, they have four options:
- Sign it into law
- Take no action, in which case the bill becomes law within 10 days if Congress is in session, or 20 days if it is not
- Veto the bill, which can be overridden by a two-thirds majority vote from the Legislature
- Use a line-item veto to eliminate certain parts of the bill without killing the entire document. This type of veto can only be used on state budget bills.
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