Texas Senate: How Bills Become Laws

how a bill becomes a law in texas senate

The process of a bill becoming a law in the Texas Senate is a complex one. The Texas Legislature is made up of the House of Representatives, with 150 members, and the State Senate, with 31 members. The House of Representatives is presided over by the Speaker of the House, while the Lieutenant Governor is elected by the people to preside over the Senate. A bill must go through several phases to become a law, including introduction, committee action, and floor action. The process begins by referring the bill to a committee, decided by the Lieutenant Governor or Speaker, and when a bill is referred to a committee, it is considered “read” for the first time. After a bill is introduced, it is referred to a committee, and if the committee members decide the bill has merit, they hold hearings on it. The committee can then choose to advance the bill, or not take action on it. Once a bill has been reported out of a committee, it must be scheduled for debate on the floor of the chamber, and after debate, the majority of lawmakers in a chamber has to approve the bill twice for it to pass. If a bill passes in the chamber it originated in, it is referred to the other chamber, where the process repeats. If it passes again, any changes made to the bill must be agreed upon before it is sent to the governor to be signed into law.

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A bill is introduced by a member of the House of Representatives or the Senate

The Texas Legislature is bicameral, with 150 members of the House of Representatives and 31 members of the State Senate. A bill can be introduced by either a member of the House of Representatives or the Senate. Certain bills, including those for raising revenue, must originate in the House.

The bill is first announced in the Congressional Record, where you can find the bill number, the person who introduced it, the committee to which the bill was referred, and the stated intent of the bill. After this, the bill is referred to a committee. The committee it is sent to is determined by the Lieutenant Governor or Speaker, depending on the chamber. When a bill is referred to a committee, it is considered “read” for the first time.

Committee members may decline to consider the bill, or report unfavourably on it; if so, the bill dies. If members decide the bill has merit, they hold hearings on the bill. After hearings, committee members issue their report on the bill. The report contains the bill (perhaps now with revised text), the committee's recommendations, and background information on the bill.

After a committee recommends passage of a bill, it goes to the full House or Senate for consideration, known as "floor action". If the full House or Senate approves the bill, the bill, with any amendments, is sent to the other chamber.

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The bill is referred to a committee

Once a bill has been introduced, it is referred to a committee. This is the first of several phases a bill must go through before moving on to the other house for further consideration. The committee to which the bill is referred is determined by the Lieutenant Governor or Speaker, depending on the chamber. When a bill is referred to a committee, it is considered “read” for the first time.

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 have both Senators and Representatives. There may also be select committees, which exist for a specific purpose and are not renewed on a permanent basis.

While a bill is in committee, its existing language can be swapped with what is known as a committee substitute. To help strengthen a bill, the author of the bill can change its language at this stage before others have a chance to amend it.

Committee members may decline to consider the bill, or report unfavourably on it; if so, the bill dies. If members decide the bill has merit, they hold hearings on the bill. Hearings transcripts are usually published two months to two years after the hearings are held. After hearings, committee members issue their report on the bill. The report contains the bill (perhaps now with revised text), the committee's recommendations, and background information on the bill.

If a committee takes up a bill, a public hearing with an opportunity for public testimony is held. The committee can then choose to report, or advance, a bill to the rest of the chamber or to not take action on the legislation. Most bills are referred to a committee, but many are never considered or are left pending in a committee, according to the state's handbook on the legislative process.

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The committee holds hearings and issues a report

The committee hearing is a crucial step in the legislative process, where the bill's fate is decided. The committee members will hear testimony and gather information to decide whether the bill has merit and should advance. The committee hearing is open to the public, and people can register their support or opposition to the bill. They can also provide oral or written testimony to state their case within a limited time frame. The committee may also accept written testimony or allow someone else to testify on an individual's behalf. This is an opportunity for the public to have a direct say in the legislative process and influence the committee's decision.

After the hearing, the committee members will discuss the bill and come to a decision. They may choose to report or advance the bill to the rest of the chamber, or they may decide to take no action on the legislation, effectively killing it. If the committee advances the bill, it will be scheduled for debate on the floor of the chamber among the other members. The committee's report will include the bill, possibly with revised text, the committee's recommendations, and background information on the bill. This report provides valuable context and insights for the other members to consider during the floor debate.

The committee's decision is crucial, as most bills that are left pending or not considered by the committee are unlikely to become laws. Therefore, lobbying the committee and working with the bill's authors or sponsors to get a hearing is an essential step in the legislative process. Once the committee issues its report and advances the bill, it moves to the next stage, where it will be debated and voted on by the full chamber. This process, known as "floor action," involves vigorous discussions and amendments to the bill before a final vote is taken.

The committee hearing and report play a vital role in shaping the bill and its chances of becoming a law. It is the stage where the public can directly engage with the legislative process and where the bill's merits are carefully examined and debated. The committee's decision to advance the bill sets the stage for further consideration and debate, bringing the bill one step closer to becoming a law.

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The bill goes to the full House or Senate for consideration

Once a bill has been reported out of a committee, it must be scheduled for debate on the floor of the chamber, among other members. After debate on a bill, the majority of lawmakers in a chamber has to approve the bill twice in order for it to pass. While the Senate usually takes both votes on the same day, the House normally doesn’t.

This is known as "floor action". These proceedings and debates can be found in the Congressional Record, which is issued daily when Congress is in session. These daily issues of the Congressional Record are indexed in the Congressional Record Index (CRI). The CRI indexes individuals, organizations, and topics. Use the History of Bills to find legislative action on bills.

If the full House or Senate approves the bill, the bill, with any amendments, is sent to the other chamber. The bill is assigned to a committee. Committee members may table the bill, stopping it from advancing further, or release it to the full chamber for consideration.

In the House, the Calendars Committee decides if and when a bill will be heard on the House floor. A bill’s second reading happens the first time it is heard on the House floor after it has left the committee. The Daily House Calendar handles bills placed for the second reading and is broken into five parts:

  • Constitutional Amendments
  • Bills
  • Resolutions
  • Concurrent Resolutions
  • Simple Resolutions

There is also a Supplemental Calendar that has:

  • Bills ready for third reading (after their passage on second reading)
  • Bills unable to be heard on their originally scheduled day
  • Intentionally postponed bills

Members can propose amendments to the bill during the second or third reading. They may also try to prevent the bill from moving forward by trying to find a point of order, which means the bill in some way violates House rules.

In the Senate, the process is a bit trickier. The Senate traditionally passes what is called a "blocker bill" every regular session. This is a bill quickly passed out of the committee that is intended to sit at the top of the calendar but is not recognized for floor debate. It thus "blocks" the Senate's regular order of business. To get around this, 5/9ths of the Senate—which is 18 members—must agree for a bill to be heard "out of the regular order of business". The practical intent is to ensure that a supermajority of Senators must agree to hear all bills during the regular session and that the Lieutenant Governor has absolute discretion over which bills can proceed to debate on the floor.

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If approved, the bill is sent to the other chamber

If a bill is approved by the full chamber where it originated, it is then referred to the other chamber, where it must go through the same process. This means that the bill must be scheduled for debate on the floor of the second chamber, and then approved by the majority of lawmakers in that chamber twice in order to pass.

If the bill is approved by the second chamber, it is then sent to the governor's desk to be signed into law. However, if the second chamber makes changes to the bill, the original bill author must decide whether to accept those changes. If they do, the bill can be sent to the governor. If not, a Conference Committee is created, made up of members from both chambers, to reconcile the two versions of the bill. If they are successful, the bill is then sent to the governor.

The governor has three options when receiving a bill: they can allow the bill to pass without a signature, sign the bill into law, or veto it. If vetoed, a bill may go back to the chambers to be amended or put to a vote to override the veto, which requires a two-thirds majority vote. If the governor does not sign a bill but also does not veto it or return it to the chambers within ten days, the bill becomes a law.

Frequently asked questions

A bill must go through several phases in order to move on to the other house for further consideration, those phases are introduction, committee action, and floor action. Once a bill has passed through all three actions in both the House and the Senate, the bill is passed to the enrollment phase i.e. sent to The Governor’s Desk to be signed and become law or vetoed.

The Texas Legislature is made up of the 150-member Texas House of Representatives, known as the lower chamber, and the 31-member Texas Senate, known as the upper chamber. Each member represents a geographic district.

The "Big Three" are the heads of each chamber, plus the Governor. For the 88th Legislature, they are Speaker of the House Dade Phelan, Lieutenant Governor Dan Patrick, and Governor Greg Abbott.

The Texas Legislative session gathers every odd-numbered year, from January to May, to pass a two-year state budget and other laws. This is known as a regular legislative session.

The governor can call for lawmakers to convene for up to 30 days outside of the regular session during a special session in which lawmakers can pass laws only on issues outlined by the governor. The governor also has veto power over bills passed by the legislature.

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