The+Legislature+-+Texas+Constitutional+Design


 * The Legislature: Texas Constitutional Design**

Power Point Slides






 * Key Features of Article Three of the Texas Constitution**

- [|The Texas Constitution]. - [|Article 3 of the Texas Constitution]. - [|Texas Handbook: The Texas Legislature]. - [|Texas House of Representatives]. - [|Texas Senate].

The Texas Constitution is a far longer and more detailed document than the U.S. Constitution. This is also true for Article Three, which vests the legislative power in the Legislature, and defines the nature of legislative power. It contains 67 sections, not including many sub-sections, and provides specific detailed guidelines for items such as students loans, toll roads and the cancer prevention and research center. Here is a brief. incomplete, look at some of its features

//- Section 1: Bicameralism//.

The first few sections establish that the legislature is, as is the U.S. Congress, bicameral with a House closely connected to the general population and a Senate further removed from it. The House is composed of 150 members elected to serve two years terms. Recently these districts have averaged about 150,000. Harris County has all or parts of 25 districts in it. They are designed to be closely connected to the preferences of the general population. The Senate, with its 31 members and overlapping 4 year terms is not. Age requirements for each chamber are far lower than those of the national institutions. 21 for the House and 26 for the Senate.

//- The Senate and the Lieutenant Governor//.

As with the United States Senate, the Texas Senate is presided over by a quasi-executive official: the Lieutenant-Governor. In Texas, this is an elected official, which means that the holder of the office is not necessarily an ally of the governor. Recently most elected official in Texas have been Republican, which means that statewide office holders can expect to adhere to the same governing principles, but conflicts can still exist. It is not unusual for Lieutenant Governors to have aspirations for the governorship, which can lead to tension between the two.

//- The House and its Speaker//.

The Texas House, following the United States House, is headed by a Speaker, but while the position is held by the person who heads the majority party on the national level, this isn't necessarily the case in Texas. This is partly due to the fact that parties are far less important in the Texas Legislature that they are in the United States Congress. It has only been relatively recently that parties have even been a factor in Texas. As recently as the early 1960s Texas was a one party state for all practical purposes. This being the case, the Speaker is elected directly by the members of the chamber regardless of party.

//- Similarities with the U.S. Congress//.

A great many similarities exist between the national and state legislative branches. In many of the early sections, the wording is little different from that in the U.S. Constitution. Each chamber can judge the qualifications of its members, a two thirds quorum is required to do business, each can keep a journal of its proceedings, they are immune from arrest when going to and from the capitol and cannot be questioned in any other place for what they say on the floor of the House or Senate.

//- [|Section 24: Compensation and Expenses of Members of the Legislature; Duration of Sessions].//

The factors which limit the power of the Texas Legislature are listed in section 24, which limits the pay legislators receive, and the amount of time the legislature meets in session. Members received $600 per month plus a per diem while the legislature is in session. The Legislature only meets 140 days every other year following each election, which limits their ability to pass legislation. One consequence however is the the amount of legislation that is actually passed far exceeds what is passed on the national level. The need to urgently pass bills prior to the end of the session sometimes makes it less likely that members actually take the time to read what they vote on.

//- [|Section 24a: The Texas Ethics Commission]//.

Section 24a establishes the [|Texas Ethics Commission], which is responsible for setting the salaries and per diem rates of members of Texas Government, and also establish rule for lobbying and for other financial disclosures.

//- [|Section 28: The Legislative Redistricting Board of Texas]//.

As stated above, the primary purpose of the census is to apportion national representatives to the states. It is also used to do the same for the state legislature.

//- Sections 29 - 39: The Bill Making Process//.

The Texas Constitution is more specific about how bills are to become laws than is the U.S. Constitution. Sections 29 - 39.

- //Special Sessions//.

- //[|Section 47: The Lottery]//.

- [|//Section 49+: State Debts//].

This section mandates that Texas not create debt, except for a small number of reasons. Later parts of the section also establish the following additional agencies. The Veteran's Land Board, the Texas Park Development Fund, the Economic Stabilization Fund, the Texas Agricultural Finance Authority, the Texas Agricultural Fund, the Texas Mobility Fund, and the Texas Water Development Board. It also authorizes the issuance of bonds for a variety of reasons including the establishment of correctional facilities. A good number of sub-sections deal with water. The Texas Department of Transportation is also authorized to issue notes or borrow money to complete its projects.

- [|//Section 50+: Loans//].

Originally this section prevented the state from loaning money to individuals and groups, but subsequent sub-sections have been added allowing for loans for medical students, a wide variety of additional students loans, farm and ranch loans, bonds for agricultural water conservation, and grain warehousing. Bonds can also be sold for "//construction and repair projects authorized by the legislature by general law or the General Appropriations Act and administered by or on behalf of the General Services Commission, the Texas Youth Commission, the Texas Department of Criminal Justice, the Texas Department of Mental Health and Mental Retardation, the Parks and Wildlife Department, the adjutant general's department, the Texas School for the Deaf, the Department of Agriculture, the Department of Public Safety of the State of Texas, the State Preservation Board, the Texas Department of Health, the Texas Historical Commission, or the Texas School for the Blind and Visually Impaired//."

//-// [|//Section 51+: Grants of Public Money Prohibited and then Exceptions Noted//].

As with the Section 50, a general prohibition on grants "//of public moneys to any individual, association of individuals, municipal or other corporations whatsoever//" is established, then exceptions are granted in later sub-section (as established by constitutional amendments) "//for assistance grants to needy dependent children and the caretakers of such children, needy persons who are totally and permanently disabled because of a mental or physical handicap, needy aged persons and needy blind persons//". . . "//to local fire departments and other public fire-fighting organizations//". . . assistance to people wrongly convicted and punished of a crime. . . surviving dependents of police and fire fighters killed in the line of duty.

- [|//Section 52+: Limits Placed on Ability of Municipalities to Issue Bonds, then Exceptions are Made//].


 * Local Legislatures**

- [|Alvin City Council] - [|City of Alvin GIS Map] - [|Houston City Council]