Texas Laws: Enactment Process Explained

The process of enacting laws in Texas is a complex one, with multiple steps and stakeholders involved. It begins with the Texas Legislature, which has the power to enact legislation according to the Texas Constitution. This legislature consists of 150 Representatives and 31 Senators, with members serving two-year and four-year terms, respectively. The legislative session occurs every odd-numbered year and lasts for 140 days, during which laws and budgets are passed.

For a bill to become a law, it must be authored or sponsored by a member of the legislature. There are different types of authors, including primary authors, additional primary authors, joint authors, and co-authors, each with distinct roles and requirements. The bill then goes through several readings in both chambers of the legislature and is referred to relevant committees for review and potential amendments.

After passing through the committees, the bill needs to be sponsored by a member of the other chamber and go through the same process again. If changes are made by the second chamber, the original author decides whether to accept them. If changes are accepted, the bill moves on to the Governor, who has the power to approve or veto it. If vetoed, the bill can still become a law if two-thirds of each chamber vote to override the veto.

The Texas legal system is based on common law, with the Texas Supreme Court, the Court of Criminal Appeals, and the Courts of Appeals interpreting and applying the law through case law. Additionally, counties and municipal governments have the power to promulgate local ordinances, rules, and regulations.

The Texas Constitution

• 1836: Texas Declaration of Independence & Constitution of the Republic of Texas: This was the first governing document of Texas after it gained independence from Mexico. It was a concise document modelled after the U.S. Constitution.
• 1845: First State Constitution: When Texas joined the United States, it drafted a new, more detailed Constitution. This version is notable for establishing Texas' free public school system and school funding.
• 1861: Confederate Constitution: When Texas seceded from the Union, it adopted changes to reflect its membership in the Confederacy.
• 1866: Post-War Constitution: This temporary constitution was adopted after the Civil War under the jurisdiction of the federal government. It abolished slavery and granted civil rights to African-Americans.
• 1869: Reconstruction Constitution: This Constitution further solidified the abolition of slavery and guaranteed civil rights for all citizens. However, it also included provisions that upset many Texans, such as stripping voting rights from former Confederate officers.
• 1876: Current Constitution: In response to the perceived abuses of the previous Constitution, this version restricted the governor's powers and included detailed provisions to prevent state officials from usurping local governance.

Legislative sessions

The "Big Three" in Texas's 88th Legislature are Speaker of the House Dade Phelan, Lieutenant Governor Dan Patrick, and Governor Greg Abbott. They set the tone and priorities for each session and can reserve priority bills.

A bill must be read three times in its chamber of origin and then another three times in the other chamber to pass. The process begins by referring the bill to a committee, at which point it is considered "read" for the first time. There are 15 Senate standing committees and 34 House standing committees, as well as select committees that exist for a specific purpose and are not renewed permanently. Committee chairs are selected by the Lieutenant Governor or Speaker.

While a bill is in committee, its existing language can be swapped with a committee substitute. Advocates can show their support or disapproval of a bill by "dropping a card," providing oral or written testimony. Once a bill is out of committee, it goes to one of the committees that coordinate the various floor calendars. In the House, this is either the Calendars Committee or Local and Consent Calendars Committee.

In the House, a bill's second reading happens when it is heard on the House floor for the first time after leaving the committee. Members can propose amendments during the second or third reading or try to prevent a bill from moving forward by finding a point of order, meaning the bill violates House rules.

In the Senate, the process is more complex. A "blocker bill" is passed every regular session, requiring 18 members (5/9ths of the Senate) to agree to hear a bill out of the regular order of business. A bill must be on the Intent Calendar for two consecutive days to be brought to the floor, after which a simple majority is needed for passage.

If a bill passes in one chamber, it needs to be sponsored by a member of the other chamber and go through the entire process again. If it passes both chambers but is changed in the second chamber, the original bill author decides whether to accept the changes. If they do, the bill goes to the Governor. If not, a Conference Committee of three Representatives and three Senators is formed to reconcile the two versions. If they are successful, the bill goes to the Governor.

The Governor has three options once they receive a bill: allow it to pass without a signature, veto it, or do nothing for 10 days (or 20 days after Sine Die, the last day of the session). A two-thirds majority in each chamber can override a veto, but the Legislature must be in session to do so. A bill becomes a law 91 days after final adjournment unless otherwise specified.

Bill authors and sponsors

Every bill has an author or sponsor. The author is the person who originally drafted the bill, and the sponsor is the person who agrees to champion the bill in the opposite chamber. There are four types of authors:

• Primary Author: The original author and champion of the bill. This is the legislator who filed the bill and guides it through the legislative process.
• Additional Primary Author: In the Senate, members who want to show support for a bill enough to put their name on it are listed in alphabetical order after the primary author. This happens before the bill is filed, and there’s no limit for the number of additional authors.
• Joint Author: In the House, members who want to show support for a bill enough to put their name on it are listed in alphabetical order after the primary author. This happens after the bill is filed, and is limited to four Representatives. The order of the joint author names is determined by the primary author.
• Co-authors: These supporters can sign on at any time, and there is no limit to the number of co-authors. They are listed in alphabetical order.

There are also sponsors, joint sponsors, and co-sponsors for the bill in the second chamber. The sponsor is the legislator who guides the bill through the legislative process after the bill has passed the originating chamber. For a Senate bill, the House sponsors are determined by the committee chair to which the Senate bill was referred. Up to four joint sponsors are listed in sequence order as determined by the committee chair, and the cosponsors are listed in alphabetical order. For a House bill, the sponsors are determined in the Senate committee, and the cosponsors are listed in alphabetical order.

Committees

The committee process allows for the existing language of a bill to be swapped with a committee substitute, giving the author an opportunity to strengthen it before others can amend it. Committees also hold hearings, where advocates can show their support or opposition to a bill through various means, including oral or written testimony.

After a bill is voted out of committee, it moves to a calendars committee in the House or becomes eligible for a Senate floor hearing. Attached to the bill is a committee report, including recommendations, vote tallies, the bill text, fiscal notes, proposed amendments, an analysis, and a witness list.

In the House, the Calendars Committee decides if and when a bill will be heard on the House floor, while in the Senate, a supermajority of 18 members is required to agree to hear a bill out of regular order. Once a bill passes one chamber, it must go through the entire process again in the other chamber. If amendments are made, the original author decides whether to accept them; if not, a Conference Committee is formed to reconcile the differences.

Bill passage

The legislative process in Texas begins with the introduction of a bill, which can be done by any member of the House of Representatives. The member who introduces the bill is known as the primary sponsor, and they can be supported by an unlimited number of co-sponsors. Once a bill is introduced, it is referred to a committee for consideration. The committee will review the bill and may make changes or amendments before reporting it back to the full House. The House will then debate the bill and vote on whether to pass it. If the bill is passed by the House, it will go through the same process in the Senate. If the Senate makes any changes to the bill, it will go back to the House for final approval. If the House accepts the changes, great! The bill is then sent to the Governor. If not, a Conference Committee is created, generally with three Representatives and three Senators, to reconcile the two versions of the bill and submit a final version for passage by both chambers. If they are successful, then it’s off to the Governor!

The Step-by-Step Process

Any member of the House of Representatives can introduce a bill at any time while the House is in session. The member who introduces the bill is known as the primary sponsor, and they can be supported by an unlimited number of co-sponsors. Once a bill is introduced, it is assigned a number and referred to a committee for consideration.

Committee Review and Second Reading

The committee will review the bill and may make changes or amendments. This is often done with input from relevant departments and agencies, as well as the public. The committee will then vote on whether to report the bill back to the full House. If the bill is reported back, it will be placed on the calendar for a second reading and debate.

Floor Debate and Third Reading

During the second reading, members of the House will debate the bill and propose amendments. After the debate, the bill will be voted on for passage. If the bill is passed by the House, it will go through the same process in the Senate.

Second Chamber Review

If the Senate makes any changes to the bill, it will go back to the House for final approval. The House can choose to accept the changes, or a Conference Committee can be created to reconcile the two versions of the bill.

Approval and Enactment

Once a bill is passed by both chambers, it will be sent to the Governor for approval. The Governor has three options: they can sign the bill into law, allow it to become law without their signature, or veto it. If the Governor vetoes the bill, it can still become law if two-thirds of both chambers vote to override the veto.

Effective Date

Once a bill is signed into law, it will take effect 90 days after the adjournment of the legislative session, unless a different effective date is specified. This timing is important as it allows the public to be informed of the new law before it takes effect.

Frequently asked questions