In Texas, the budget must be certified by the Legislative Appropriation Request (LAR) before it can become law. This is because the Texas Constitution requires a balanced budget, limiting debt. The LAR is initiated by the Legislative Budget Board, co-chaired by the Speaker of the Texas House and the Lieutenant Governor.
Characteristics | Values |
---|---|
Who must certify the Texas budget | The Legislative Appropriation Request |
What they must certify | That sufficient revenue will be available to pay for the budget |
What You'll Learn
Bills related to the budget have a special timetable and set of procedures
Bills related to the budget often have a special timetable and set of procedures. This is because the power of the purse is so influential. The Texas budget process begins during the year before each regular session of the state's legislature, which is held in odd-numbered years. Each state agency prepares a detailed legislative appropriations request (LAR) under the guidelines of the state's Legislative Budget Board (LBB). These LARs are itemised funding requests from each agency, including performance measures to ensure the money is spent efficiently.
LARs are sent to the LBB, the Comptroller's office and other state agencies by the end of summer or early autumn. The LBB and the Governor's Office of Budget, Planning and Policy hold hearings on the LARs. The LBB then uses the LARs to prepare a draft of the state's general appropriations bill, which will fund state agencies and institutions for the following two fiscal years.
At the beginning of the legislative session, the Comptroller's office issues its biennial revenue estimate (BRE), an estimate of funds likely to be available from taxes and other sources over the next two years. The BRE is a cap on legislative spending for this period, as mandated by the Texas Constitution. The Texas House Committee on Appropriations and the Senate Finance Committee hold hearings on the general appropriations bill, making changes to reflect the BRE's limits and their own funding priorities. Once the committees have completed their versions of the bill, they send them to the full House and Senate for approval.
These bills then go to a conference committee, which combines the two versions into a single bill. Both houses then vote on this bill. Once approved, it goes to the Comptroller's office for "certification", a formal statement confirming the bill spends no more than the BRE allows. The bill then goes to the governor for signature. Texas has a "line-item veto", allowing the governor to trim individual spending items. The governor's veto can be overridden by a two-thirds majority vote in each house, although this rarely happens. Once signed, the bill becomes law.
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A bill must be introduced in the first 60 days of the regular session
The Texas legislative session is 140 days long and occurs every other year, starting on the second Tuesday of every odd-numbered year. This session is the only time laws and budgets can be passed. The pre-filing period for bills begins 60 days before the start of the session, and the last day to file bills is the 60th day of the session.
Once a bill is introduced, it is assigned a number (e.g. HR 1 or S 1) and labelled with the sponsor's name. It is then sent to the Government Printing Office (GPO) for copying. At this stage, members can cosponsor the legislation. The next step is for the bill to be referred to the appropriate committee, where it will be analysed, debated, and potentially amended. The committee chair schedules the bill for a hearing and can refuse to hear it if they choose. After the hearing, the bill is passed on with a report if the majority of the committee members agree.
The bill then goes to the Calendars Committee, and with their approval, it is scheduled to be heard on the House floor. Here, it undergoes a similar process of debate, amendment (if necessary), and voting for passage. The bill receives a third reading and is considered finally passed after a majority vote.
After passing through the House, the bill moves to the Senate, where it goes through much of the same process again. The relevant Senate committee will receive the bill, hold public hearings, debate and make amendments if necessary, and then vote on whether to send it to the full Senate. If two-thirds of the Senate vote to bring the bill to the floor, they will hold readings and votes, similar to the process in the House.
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The bill is then assigned to a committee
Once a bill has been introduced, it is assigned to a committee. This is the first step in the process of a bill becoming a law. 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 taken, the bill dies. The committee's report will include a record of how everyone voted, as well as recommendations regarding the bill.
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. The chairs of these committees are selected by the Lieutenant Governor or Speaker.
While a bill is in committee, its existing language can be swapped with what is known as a committee substitute. This allows the author of the bill to strengthen it by changing its language 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 it becomes eligible to be heard on the Senate floor. Attached to the bill is a committee report, which includes the committee's recommendations, 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, and a witness list of non-members who showed their support or opposition to the bill. Fiscal notes detail how much a bill may cost the state and are put together by the Legislative Budget Board.
Advocates can show their support or disapproval of a bill while it is being heard in committee. They can "drop a card", which is a process to formally register their support or opposition to the bill without testimony. They can also provide oral testimony, where they state their case in a limited amount of time in front of the entire committee, or they can provide written testimony—the requirements for which vary from committee to committee.
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The committee hears testimony for or against the bill
The committee process is a crucial stage in the Texas legislative process, where the merits of a bill are scrutinized and debated. During this stage, the chair of the committee—selected by the Lieutenant Governor or Speaker—decides on the meeting schedule and which bills will be considered. The committee hearings are open to the public, allowing citizens to present their arguments for or against a bill. This process ensures that diverse perspectives and interests are taken into account before a bill becomes law.
Advocates for and against a bill can show their support or opposition in several ways. They can choose to "drop a card," which is a formal way to register their position without providing testimony. Alternatively, they can opt for oral testimony, where they have a limited time to state their case in front of the entire committee. Written testimony is also accepted, but the requirements for the number of copies and formatting may vary across committees.
The committee hearings provide an opportunity for the bill to be amended and strengthened. The author of the bill can modify the language during this stage before others propose amendments. After considering the bill and hearing testimonies, the committee has several options. They may choose to take no action, or they can issue a report detailing their recommendations, committee vote, text of the bill, bill analysis, and any necessary fiscal or impact statements.
The committee report is then distributed to all members of the House or Senate. In the House, the report is sent to either the Committee on Calendars or the Committee on Local and Consent Calendars for placement on a calendar for consideration by the full House. In the Senate, the Senate Administration Committee schedules local and noncontroversial bills for consideration, while all other bills are placed on the regular order of business.
The committee process is a critical step in the legislative journey of a bill, where public input is welcomed, and amendments can be proposed. It ensures that the bill is thoroughly vetted and reflects the interests of the citizens of Texas before proceeding to the next stages of the legislative process.
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The bill is read again and debated by legislators
The legislative process in Texas is a lengthy and detailed one. Once a bill has been introduced and assigned a number, it must be read and debated by legislators. This is known as the Floor Action stage.
The bill is first read by a caption, a short description of the bill, and then the legislators debate its contents. This is the second reading of the bill, the first being when it is introduced and assigned to a committee. After the debate, the legislators cast their votes, and the bill must obtain a majority vote to pass. If it does pass, it is sent to the other side of the chamber.
The process of debating and voting on a bill is a crucial part of the legislative process, as it allows legislators to discuss the merits and potential issues with the bill and make amendments if necessary. It also ensures that the bill is thoroughly vetted and has the support of a majority of legislators before it can become law.
It is worth noting that the Texas Legislature has 181 members, with 31 Senators and 150 Representatives. The legislators are responsible for reviewing and debating bills, as well as creating and amending laws. They also have the power to override a veto by the Governor with a two-thirds majority vote.
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Frequently asked questions
Only a member of the Texas Legislature can introduce a bill to their respective chamber. For example, only a Texas Senator can introduce a bill in the Senate.
The Committee, also known as the "Little Legislators", 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 taken, the bill dies.
The Texas Governor has four options when a bill reaches their desk: they can sign it into law, not sign it (and if Congress is in session, the bill becomes law within 10 days without their signature, or within 20 days if Congress is not in session), veto the bill, or use a line-item veto, which means they can eliminate certain parts of the bill without killing the entire document.
The Legislative Budget Board is co-chaired by the Speaker of the Texas House and the Lieutenant Governor. Its original purpose was to coordinate the budget process.