Texas Lawmaking: A Tough Road For Bills

The process of a bill becoming a law in Texas is a complex one. First, the bill is introduced to the Texas House or Senate, where it is written, edited, assigned a number, and given three readings. It is then referred to a committee, which studies the bill, holds hearings, and creates a report. The bill is then debated and voted on, requiring a two-thirds majority to pass. If it passes, the amended bill goes to the other chamber, where the process is repeated. If the bill passes in the second chamber, but amendments have been made, the original author decides whether to accept the changes. If they do not, a Conference Committee is created to reconcile the two versions. Once a final version is agreed upon, the bill is sent to the Governor, who can sign it, veto it, or refuse to sign it. If the Governor vetoes the bill, it does not become a law unless a two-thirds majority in both chambers override the veto.

The Texas legislative session

During a legislative session, a bill typically goes through the following steps to become a law. First, an idea for a bill can come from an individual, a group, a legislator, an agency, or the Governor. The bill is then written, edited, assigned a number, and introduced into the Texas House or Senate. In the Texas House, the Speaker reads the bill, using its assigned number, and refers it to a committee. The committee studies the bill, holds hearings, and creates a printed report. The Calendar committee then assigns the report to be read on a specific day, after which it is read, amended, debated, and voted on. After the third reading, a two-thirds majority vote in the House will pass the bill, and the amended bill is sent to the Senate.

In the Senate, the Lieutenant Governor reads the bill and assigns it to a committee. The committee then studies the bill and creates a printed report. The bill is considered on the Senate floor, debated, and voted on. After three readings, a two-thirds majority vote passes it in the Senate. If the bill is amended, it goes back to the House for approval of the changes. If the House does not agree with the changes, they can request a Conference Committee to discuss the differences and come up with a final version. With an agreed-upon version, the bill is "enrolled."

Once a bill is enrolled, it is signed by the Speaker of the House and the Lieutenant Governor in the presence of their respective chambers. It is then sent to the Governor, who can choose to sign or veto it. If the Governor vetoes the bill, it does not become a law unless a two-thirds majority vote of both the House and Senate overrides the veto. If the Governor does not sign the bill but also does not veto it within ten days, the bill becomes a law.

The process of a bill becoming a law

Step 1: Introduction and Referral

A bill is first introduced to the Texas Senate, either directly on the floor or through copies distributed to the secretary of the Senate. There are three readings involved in this step. The first reading includes a brief caption explaining the context of the bill, and legislation is introduced within the first 60 days. Then, the Lieutenant Governor refers the bill to a committee, which decides whether the bill will proceed.

Step 2: Committee Action

With a busy legislature, committee action plays a crucial role. The bill is carefully examined and either passed or nullified by the committee. Additionally, the committee can choose to rewrite or pigeonhole the bill. Senators have the option to postpone a committee hearing for a bill for up to two days.

Step 3: Floor Action

Once the bill has passed through the committee, it must be debated. To advance to the second debate, a bill must receive a two-thirds vote. The bill may still be rejected at this stage. It must be read within 72 hours of adjournment, and senators can use tactics like a filibuster to delay the process further.

Step 4: Repeat in the House

If the bill makes it through the Senate, steps 1 through 3 are repeated in the House of Representatives under a variation of similar rules.

Step 5: Conference Committee

Since the versions of the bill differ between the Senate and the House, a Conference Committee is convened. In this committee, representatives from both chambers work to unify the bill according to the requirements of both houses. If significant differences remain, the bill may be rewritten entirely, or several amendments may be added.

Step 6: The Governor

The bill is then sent to the Governor, who has the final say. The Governor can choose to sign the bill, turning it into an enforced law, or veto it. If the Governor vetoes the bill, it does not become a law unless a two-thirds majority vote of both chambers overrides the veto.

Additional Considerations:

It is worth noting that the Texas Legislature meets every two years, during odd-numbered years, but the Governor can call a special session if needed. Additionally, every bill has an author or sponsor. The author is the one who originally drafted the bill, while the sponsor 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, each with specific roles and requirements.

The role of the Governor

The Governor of Texas has three options when it comes to a bill being passed into law. Firstly, they can allow the bill to pass without a signature. Secondly, they can veto the bill, but this can be overridden by a two-thirds majority in each chamber of the Texas Legislature. However, if the bill is passed in the last days of the legislative session, it can be very difficult to override the veto as the Legislature must be in session to do so. Finally, the Governor can take no action, in which case the bill will become a law 91 days after final adjournment, unless otherwise specified.

The role of committees

In the Texas Legislature, committees play a crucial role in shaping and scrutinizing bills before they become law. Committees are an essential step in the legislative process, providing an opportunity for detailed analysis, debate, and potential revision of proposed legislation.

Types of Committees

There are two types of committees in the Texas Legislature: standing committees and select committees. Standing committees are permanent committees that exist year-round and are composed of members from a single chamber, either the Senate or the House of Representatives. In contrast, select committees are formed for a specific purpose and are not renewed on a permanent basis.

Committee Referral

After a bill is introduced in the Texas Legislature, it is referred to a committee by the Lieutenant Governor or the Speaker of the House, depending on the chamber of origin. This referral process marks the first reading of the bill. The committee then becomes responsible for studying and evaluating the proposed legislation.

Committee Action

During the committee stage, members carefully examine the bill and may hold hearings to gather input from experts, stakeholders, and the public. This stage is crucial as it allows for a detailed analysis of the bill's potential impact and effectiveness. The committee may also make amendments to the bill, known as a committee substitute, strengthening it before it advances further in the legislative process.

Committee Report

Following their review, the committee produces a report that includes their recommendations, the committee's vote on the bill, the text of the bill (including any revisions), a fiscal note or impact statement, proposed amendments, an analysis of the bill, and a list of witnesses who showed their support or opposition. This report provides valuable insights into the bill's potential effects and the level of support it has received thus far.

Floor Action

Once the committee stage is complete, the bill moves to the floor of the chamber for further debate and voting. In the Texas Legislature, a bill must receive a two-thirds majority vote to advance to the next stage. If the bill passes, it then moves to the other chamber, where the process is repeated, including referral to a new committee.

Conference Committee

If the bill passes both chambers but with differing versions, a Conference Committee is formed, consisting of members from both the Senate and the House. This committee works to reconcile the differences between the two versions and create a final version of the bill that meets the requirements of both houses.

In summary, committees play an essential role in the Texas legislative process by providing a forum for detailed analysis, debate, and potential revision of proposed legislation. Through committee referrals, hearings, reports, and recommendations, the Texas Legislature ensures that bills are thoroughly vetted before becoming law, contributing to a more informed and deliberative law-making process.

The number of readings

The first reading of a bill occurs when it is introduced to the Texas House or Senate. In the House, the Speaker reads the bill in order, using its assigned number, and refers it to a committee. In the Senate, the Lieutenant Governor performs this task. This first reading is typically a brief caption that explains the context of the bill.

The second reading takes place after the bill has been studied and a report has been created by the assigned committee. At this stage, the bill is read, amended, debated, and voted on. To advance to the third reading, a bill must receive a two-thirds majority vote.

The third reading is the final stage of the process in the chamber of origin. After the third reading, the bill, if amended, is sent to the other chamber, where the process starts again. The bill undergoes three readings in the second chamber, with amendments and debates, before a final vote is taken.

If the bill passes both chambers but has been amended, the original author of the bill decides whether to accept the changes. If they do not agree with the amendments, a Conference Committee is created to discuss the differences and come up with a final version. This version is then sent to the Governor for approval or veto.

Frequently asked questions