Understanding The Process: Bills To Laws In Texas

The process of a bill becoming a law in Texas is a complex one. The Texas Legislature, which is bicameral, meets every two years in odd-numbered years for a regular session of 140 days. During this time, bills are introduced by members of the House of Representatives or the Senate and are referred to a committee. If the committee decides the bill has merit, they hold hearings and then issue a report on the bill. The bill then goes to the full House or Senate for consideration, known as floor action. If the bill is approved, it is sent to the other chamber, where it must go through the same process. If both chambers approve the bill but there are differences in their versions, the two chambers meet to work out these differences. The bill then goes to the governor, who can sign it, veto it, or ignore it. If the governor takes no action, the bill becomes law.

Legislative sessions

The House of Representatives has 150 members, serving two-year terms, and representing districts of approximately 113,000 people each. The Senate has 31 members, serving four-year terms, and representing approximately 550,000 people each. There are no limits on the number of consecutive terms a legislator can serve. Newly elected legislators begin their terms on the first day of the regular session following their election.

Legislators receive an annual salary of $7200, as well as a per diem of $221 for each day during a regular session. Most legislators also work separate, full-time jobs in addition to their legislative duties. When the legislature is not in session, the Speaker and Lieutenant Governor direct committees in the House and Senate to conduct interim studies on specific issues. These interim committees often issue final reports containing the results of their research.

The first legislative session in the State of Texas began on February 16, 1846, and adjourned on May 13, 1846. The Texas Legislature met for its 88th session in 2023, and the 89th session is set to begin in January 2025.

Legislative process

The Texas Legislature is bicameral, meaning it has two branches or chambers: the House of Representatives and the State Senate. The House of Representatives is presided over by the Speaker of the House, who is elected by the Representatives, while the Lieutenant Governor, elected by the people, presides over the Senate.

The legislative session is 140 days long, starting at the beginning of odd-numbered years. This is the only time laws and budgets can be passed. The session begins on the second Tuesday in January.

A bill can be a House bill, a Senate bill, or both to increase the chances of passing. It must go through the following phases in the House and the Senate to become a law: introduction, committee action, and floor action.

During the introduction phase, every bill has an author or sponsor. An author is the original creator of the bill, while a sponsor agrees to champion the bill in the opposite chamber. There are four types of authors: primary, additional primary, joint, and co-authors. The bill must be read three times in the presence of its chamber of origin and another three times in the other chamber. The process begins by referring the bill to a committee, at which point it is considered "read" for the first time.

During the committee action phase, the bill is sent to a standing, select, or joint committee. Standing committees exist year-round and only include members from one chamber, while select committees exist for a specific purpose and are not renewed permanently. While a bill is in committee, its existing language can be swapped with a committee substitute to strengthen it before others can amend it. 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, including the committee's recommendations, text of the bill, fiscal note, proposed amendments, an analysis of the bill, and a witness list of non-members who showed support or opposition.

During the floor action phase, the bill must be scheduled for debate on the floor of the chamber, among other members. After the debate, the majority of lawmakers in the chamber must approve the bill twice for it to pass. After it passes in the first chamber, it is referred to the other chamber, where it must go through the same process. If it passes, the two chambers must agree on any changes made before sending it to the governor.

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

Bill authors and sponsors

Only a member of the Texas Legislature can file a bill. The term "author" refers to the person who files the bill and guides it through the legislative process. The first name listed on a bill is the primary author, or the legislator who filed the bill and guides it through the legislative process. Additional primary authors are listed in alphabetical order for senate bills and are determined when the bill is filed. The number of additional primary authors is not limited. For house bills, the joint authors sign on after the bill is filed. Up to four joint authors are allowed for a single bill, and their names are displayed in an order determined by the primary author. Co-authors may sign on at any time and are also listed in alphabetical order, with no limit on the number of co-authors.

The sponsor is the legislator who guides the bill through the legislative process after it has passed the originating chamber. For senate bills, 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, while cosponsors are listed in alphabetical order. For house bills, the sponsors are determined in the senate committee, and cosponsors are also listed in alphabetical order.

While legislators file the bills, they don't write them alone. The Texas Legislative Council, a nonpartisan agency, helps lawmakers get their bills in the right format and ready to file. The group's lawyers and researchers ensure the bill contains all the necessary language for it to be effective. In a given session, up to 90% of the bills introduced have been through the Texas Legislative Council.

Committees

When a bill is referred to a committee, it is considered “read” for the first time. While in committee, the existing language of a bill can be replaced with a committee substitute. The author of the bill can change its language at this stage to strengthen it before others have a chance to amend it. 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. A committee report is attached to the bill, including 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.

Fiscal notes, prepared by the Legislative Budget Board, detail the potential cost of a bill to the state. While a bill is in committee, advocates can show their support or disapproval in several ways. They can “drop a card,” which is a formal way to register their support or opposition without providing testimony. They can also provide oral or written testimony, stating their case in a limited time in front of the entire committee.

Once a bill is out of committee, it goes to one of the committees that coordinate the various floor calendars. In the House, this could be either the Calendars Committee or the Local and Consent Calendars Committee. The Local and Consent Calendar is for bills with a limited impact or those expected to be approved unanimously. If a bill has a large impact or will not receive unanimous consent, it is sent to the House Calendars, which handles bills submitted for full debate on the House floor. The House Calendars Committee decides if and when a bill will be heard.

The Governor's role

At the beginning of a legislative session, the Governor holds significant influence, as they may recommend policies that legislators introduce as bills. The Governor can declare certain priorities as emergencies, typically during the State of the State speech, which fast-tracks these items for a vote within the first 60 days of a session. The Governor also has the power to appoint the secretary of state, commissioner of education, and many members of boards and commissions that oversee the heads of state agencies and departments.

As the session concludes, the Governor's role is crucial in signing or vetoing bills. The Governor has three options when receiving a bill:

• Allow the bill to pass without a signature
• Veto the bill
• Take no action, in which case the bill will become law after 10 days, or 20 days after Sine Die (the last day of the session) if the bill was received within the final 10 days.

A two-thirds majority in each chamber is required to override a veto, but this is a rare occurrence. If a bill is vetoed in the final days of the legislative session, it can be nearly impossible to override.

The Governor, along with the Lieutenant Governor and the Speaker of the House, are part of the "Big Three," who set the tone and priorities for each session. They can reserve the first 20-30 bills in each chamber for their priority bills.

Frequently asked questions