The Structure and Function of the Texas Legislature
Overview
The Structure and Function of the Texas Legislature
Learning Objectives
By the end of this section, you should be able to:
- Describe the function and structure of the Texas legislature
Introduction
This section examines the structure and functions of the Texas State Legislature.
Structure
The structure of any institution or organization matters a great deal. The structure can determine how well an institution fulfills its duties and responsibilities. Article 3 of the Texas Constitution describes the legislative department (branch) of Texas. Texas Legislature utilizes a bicameral (two branches or chambers) system with the Texas Senate being the upper house, and the Texas House of Representatives the lower house. Every other state has a bicameral legislature except for Nebraska. One of the benefits of a bicameral legislature is the is forces either chamber to compromise on legislation before passing it onto the government.
Much like the Framers of the U.S. Consitution, the men who wrote the Texas constitution recognizes the benefit of slowing down the legislative process. Moreover, there are a total of 181 members of the Texas Legislature: 31 Senators, and 150 members of the House. There will be more in the text about them later; however, for now, understand that the different sizes of each chamber also plays a role in how well they function.
Texas uses single-member districts, meaning each member of the Texas Legislature represents one legislative district. This is also true of congressional seats. Every ten years, after the U.S. census, the state legislative districts and congressional districts are redrawn to maintain proportional representation. This is also called reapportionment when it is done at the national level because all 435 seats have to be approximately equal in size. This causes some states to lose or gain seats every ten years based on their changing population.
Texas State House District Map
Texas State Senate District Map
Who Represents Me?
Look on the district maps above, or visit the Texas Redistricting website to find out the state house and senate representatives who represent you.
Duties and Roles
The duties of the legislature include consideration of proposed laws and resolutions, consideration of proposed constitutional amendments for submission to the voters, and appropriation of all funds for the operation of state government. All bills for raising revenue considered by the legislature must originate in the house of representatives. The House alone can bring impeachment charges against a statewide officer, which charges must be tried by the senate. All bills for raising revenue considered by the Legislature must originate in the House of Representatives. The House alone can bring impeachment charges against a statewide officer, impeachment charges are tried by the Senate.
The Legislature is the constitutional successor of the Congress of the Republic of Texas after Texas’s 1845 entrance into the Union. The Legislature held its first regular session from February 16 to May 13, 1846.
Organization and Leadership
Although members are elected on partisan ballots, both houses of the Legislature are officially organized on a nonpartisan basis, with members of both parties serving in leadership positions such as committee chairmanships. As of the 2019 Legislative Session, a majority of the members of each chamber are members of the Republican Party.
The Lieutenant Governor (currently Dan Patrick), elected statewide separately from the governor, presides over the Senate, while the Speaker of the House (currently Dade Phelan from the Beaumont area) is elected from that body by its members. Both have wide latitude in choosing committee membership in their respective houses and have a large impact on lawmaking in the state.
Legislative Sessions
Regular Sessions
The Texas Legislature uses biennial sessions which means they meet once every odd-numbered years, for 140 days.
The Texas Legislature meets in regular session on the second Tuesday in January of each odd-numbered year. The Texas Constitution limits the regular session to 140 calendar days.
Special Sessions
Only the governor may call the legislature into special sessions, unlike other states where the legislature may call itself into session. The governor may call as many sessions as he or she desires. For example, Governor Rick Perry called three consecutive sessions to address the 2003 Texas congressional redistricting. The Texas Constitution limits the duration of each special session to 30 days; lawmakers may consider only those issues designated by the governor in his “call,” or proclamation convening the special session (though other issues may be added by the Governor during a session).
Redistricting
What is Redistricting?
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of Texas’ 36 United States Representatives, 31 state senators, and 181 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity based on the U.S. Supreme Court case of Reynolds v. Sims (1964).
Why does Texas Have to Redistrict?
The federal constitution calls for reapportionment of congressional seats according to population from a decennial census (Section 2, Article I). Reapportionment is the division of a set number of districts among established units of government. For example, the 435 congressional seats are reapportioned among the 50 states after each decennial census according to the method of equal proportions. The boundaries of the congressional districts are then redrawn by state legislatures in accordance with state and federal law.
Redistricting is the revision or replacement of existing districts, resulting in new districts with different geographical boundaries. The basic purpose of decennial redistricting is to equalize population among electoral districts after publication of the United States census indicates an increase or decrease in or shift of population.
The Texas Constitution requires the legislature to redistrict Texas house and senate seats during its first regular session following publication of each United States decennial census (Section 28, Article III). After each census, State Board of Education seats also must be redistricted to bring them into compliance with the one-person, one-vote requirement.
Although the formal redistricting process under the Texas Constitution may remain the same, every decade sees a different, often unpredictable, path for state redistricting plans, depending on legislative, gubernatorial, Legislative Redistricting Board, and judicial action. The history of the redistricting process during the 1980s, 1990s, 2000s, and 2010s illustrates some of the different courses decennial redistricting can take. The timing and legal requirements, however, dictate that the basic process generally takes the following course, which is described in more detail in the associated sections.
Federal census population data is delivered to the legislature no later than April 1 of the year following the decennial census, and the data is usually provided several weeks earlier. As soon as the census data is verified and loaded in the computer systems, the members of the legislature and other interested parties begin drawing plans. Bills to enact new state redistricting plans follow the same path through the legislature as other legislation.
If Texas senate or house districts are not enacted during the first regular session following the publication of the decennial census, the Texas Constitution requires that the Legislative Redistricting Board (LRB), a five-member body of state officials including the lieutenant governor and speaker, meet and adopt its own plan. The LRB has jurisdiction only in the months immediately following that regular session.
If congressional or State Board of Education districts are not enacted during the regular session, the governor may call a special session to consider the matter. If the governor does not call a special session, then a state or federal district court likely will issue court-ordered plans. Similarly, if the legislature and LRB fail to adopt a state senate or state house plan, a court will likely issue a plan to fill the void.
A suit challenging an adopted redistricting plan may be brought at any time under the federal or state constitution or federal law. Before 2013, Texas and certain other states were required to obtain federal preclearance of any redistricting plans before they could be implemented. In 2013, the applicable provision of the federal Voting Rights Act was held invalid by the U.S. Supreme Court in Shelby County v. Holder.
The filing deadline for primary elections established by the Texas Election Code allows approximately six and one-half months from the end of the regular legislative session for the governor to act on any redistricting legislation passed, for the LRB to meet if necessary, for any special session called to consider redistricting if necessary, for court action, and for counties to make necessary changes in county election precincts.
Controversies
There are conflicting opinions regarding the correlation between partisan gerrymandering and electoral competitiveness. In 2012, Jennifer Clark, a political science professor at the University of Houston, said, “The redistricting process has important consequences for voters. In some states, incumbent legislators work together to protect their own seats, which produces less competition in the political system. Voters may feel as though they do not have a meaningful alternative to the incumbent legislator. Legislators who lack competition in their districts have less incentive to adhere to their constituents’ opinions.
Section 2 of the Voting Rights Act of 1965 mandates that electoral district lines cannot be drawn in such a manner as to “improperly dilute minorities’ voting power.” No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.
States and other political subdivisions may create majority-minority districts in order to comply with Section 2 of the Voting Rights Act. A majority-minority district is a district in which minority groups compose a majority of the district’s total population. As of 2015, Texas was home to 18 congressional majority-minority districts.
Proponents of majority-minority districts maintain that these districts are a necessary hindrance to the practice of cracking, which occurs when a constituency is divided between several districts in order to prevent it from achieving a majority in any one district. In addition, supporters argue that the drawing of majority-minority districts has resulted in an increased number of minority representatives in state legislatures and Congress.
Critics, meanwhile, contend that the establishment of majority-minority districts can result in packing, which occurs when a constituency or voting group is placed within a single district, thereby minimizing its influence in other districts. Because minority groups tend to vote Democratic, critics argue that majority-minority districts ultimately present an unfair advantage to Republicans by consolidating Democratic votes into a smaller number of districts.
Current District Maps
View current district maps at Texas Redistricting website, where you can use the DistrictViewer software.
Senate Elections at the Beginning of a New Decade
Each senator serves a four-year term and one-half of the Senate membership is elected every two years in even-numbered years, with the exception that all the Senate seats are up for election for the first legislature following the decennial census in order to reflect the newly redrawn districts.
After the initial election, the Senate is divided by lot into two classes, with one class having a re-election after two years and the other having a re-election after four years. This process protects the Senate’s membership and the Senate as an institution serving as the more elite legislative chamber during normal (i.e., not at the beginning of new decade) election cycles.
Licenses and Attributions
CC LICENSED CONTENT, ORIGINAL
Revision and Adaptation. Authored by: Kris S. Seago. License: CC BY: Attribution
Revision and Adaptation: Structure and Function of the Texas Legislature. Authored by: John Osterman. License: CC BY: Attribution