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Special Session FAQs

May 31

posted by Admin in Special Sessions

The 1st Called Session of the 82nd Legislature begins today.  Below you will find answers to frequently asked questions regarding special sessions.  For a list of all special sessions and dates, see the library's Special Sessions and Years page.

Does the Governor have to wait twenty days after the end of the regular session before calling a special session?
No. Texas Constitution, Article 4, Section 8(a) does not place time limits on the Governor's power to convene a special session, nor does it include a requirement that he or she provide advance notice of his or her intention to call a special session. The Constitution states, "The Governor may, on extraordinary occasions, convene the Legislature at the seat of Government, or at a different place, in case that should be in possession of the public enemy or in case of the prevalence of disease threat. His proclamation therefore shall state specifically the purpose for which the Legislature is convened."

The interpretive commentary following Article 4, section 8 in Vernon's Constitution of the State of Texas Annotated explains: [The Governor] "may call at any time and for any reason, although he must state his purpose the proclamation."

How many other times has the special session convened the day after the close of a regular session?
In addition to the 82nd, 1st Called Session, six other special sessions have convened the day after the close of the regular session: the 1st Called Sessions of the 25th, 28th, 38th, 62nd, 69th and 70th Legislatures.  Three special sessions have convened on the last day of the regular session: the 1st Called Sessions of the 29th, the 30th and the 31st Legislatures.

Can the Legislature consider any topic during a special session?
No. Article 3, Section 40 of the Texas Constitution states that when the Legislature is convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, or presented to them by the Governor.
An extensive discussion of this issue can be found in the Senate Rules of the 82nd Legislature, Appendix.

Can more than one topic be covered in a special session?
Texas Constitution, Article 3, Section 40 places no limitation on the number of topics a Governor can designate in a special session proclamation. All topics need not be listed in a single proclamation; the governor may expand his/her call to include additional topics at any time.  As an example, legislation was allowed on 240 topics during the 36th Legislature, 2nd Called Session and 165 topics during the 35th Legislature, 4th Called Session.

Do special sessions have to last 30 days?
No. Texas Constitution Article 3, Section 40 limits special sessions to a maximum of thirty days but imposes no minimum.

Is there a limit on the number of special sessions that can be called between regular legislative sessions?
No. The Texas Constitution does not limit the number of special sessions a governor may call in between two regular legislative sessions.

Does there have to be a break between special sessions?
No. The governor may call special sessions back-to-back. As an example, the 1st Called Session of the 79th Legislature ended on July 20, 2005 and the 2nd Called Session began on July 21, 2005.

The governor may also convene a new special session on the same day that a special session ends. As an example, the 1st Called Session of the 78th Legislature ended on July 28, 2003 and the 2nd Called Session began at 3:15pm the same day.

How long after a special session ends does the Governor have to veto bills?
Texas Constitution, Article 4, Section 14, which grants the Governor the power to veto bills, draws no distinction between regular and special sessions.

If a bill is presented to the Governor fewer than 10 days (not counting Sundays) prior to final adjournment, the Governor has 20 days (counting Sundays) after the final day of the session to sign or veto it.  If neither action is taken, the bill becomes law without the Governor's signature (Texas Constitution, Article 4, Section 14).

If a bill is presented to the Governor prior to the final ten days of session (not counting Sundays), the Governor has 10 days (not counting Sundays) to return the bill to the Legislature with objection.  If after 10 days the bill is not returned to the Legislature by the Governor with objections, the bill becomes law as if the Governor had signed it.

Vetoes going back to the 1st Legislative Session are available on the library's Vetoed Bills page.

Can the Legislature override a veto of a regular session bill during a special session?
There is some debate over this matter, however the 1875 Constitutional Convention removed the ability for the Legislature to consider veto items from a previous session.
References:
Postadjournment Veto (In Texas Legislative Council, Gubernatorial Veto: Powers, Procedures, and Override History (May 22, 1990), pp. 11-12).
George D. Braden, et al., The Constitution of the State of Texas: An Annotated Comparative Analysis (1977), pp. 333-334.
Texplainer: Can a Veto Be Overturned After Sine Die?, Texas Tribune, retrieved 6/8/2011.

What was the shortest special session? What was the longest?
The 1st Called Session of the 38th Legislature met for only one hour.  No legislation was enacted.  The 1st Called Session of the 12th Legislature met for 112 days, longer than any previous or subsequent special session. 

Which legislative session has had the most called sessions?
Between 1989-1990, Governor Bill Clements called six special sessions of the 71st Legislature to consider over 100 items.

Where can I see topics covered in previous special sessions?
Special session topics are available on the library's Special Sessions and Years page. Special session topics can be searched by keyword from the library's Special Sessions page.

This entry was posted on May 31, 2011 at 9:21 AM and has received 10442 views. Print this entry.

82nd R.S. Adjourns Sine Die

May 30

posted by TexasLRL in Legislation, Legislative process

After 140 days, the regular session of the 82nd Legislature adjourned sine day on May 30, 2011.  What's next for the thousands of pieces of legislation considered during the regular session?

How many bills were filed? How many passed?
The legislative statistics report from Texas Legislature Online shows 5,796 House and Senate bills were filed during the regular session of the 82nd Legislature; 1,379 bills passed. 
 
For comparison, one hundred years ago the 32nd Legislature filed 981 bills and passed 243.
 
See our bill statistics page for more historical statistics.
 
If the Legislature passes a bill, does it become a law right away?
No. Under Article 4, Section 14 of the Texas Constitution, bills passed by the Legislature must be submitted to the Governor for approval. The Governor can sign a bill, veto it, line-item veto an appropriation, or allow a bill to become law without his signature.
 
How long does the governor have to approve or veto legislation?
The Governor has twenty days after final adjournment to consider bills received in the final ten days (not counting Sundays) of the session. Sunday, June 19th is the last day the Governor can sign or veto legislation.
 
If the governor approves a bill, when will it take effect?
The text of a bill may include effective date provisions requiring the bill to take effect immediately, to take effect on a specified day or there may be no mention of an effective date.
 
According to Article III, Section 39 of the Texas Constitution, a bill cannot become effective until at least 90 days after the session ends unless the bill passes both chambers with a favorable vote by two thirds of the members. 
 
Monday, August 29, 2011 is the 91st day following final adjournment; bills that do not specify an effective date and those that did not have the two thirds vote necessary to take effect earlier will take effect on August 29th.
 
If a bill received the votes necessary to become effective immediately, it will take effect on the date of the last action necessary for it to become law. This could be when the governor signs it, when the governor files it with the secretary of state without approving or vetoing it, or when the time for the governor to act expires, if the bill has not been approved or vetoed during that time.
 
Use  Texas Legislature Online to track the status of bills.
 
What happens to bills that did not pass?
Bills that did not make it completely through the legislative process die with the end of the session and are not automatically reintroduced during the next session. 
 
What about other types of legislation?
Joint resolutions that propose amendments to the Texas Constitution do not require the approval of the Governor, and are filed with the Secretary of State. Proposed constitutional amendments are sent to the voters for approval or disapproval. 
 
The 82nd Legislature passed ten joint resolutions proposing constitutional amendments. These proposed amendments will be on the ballot on November 8, 2011. 
 
Most concurrent resolutions must be sent to the Governor for approval. The Governor must approve a concurrent resolution for it to take effect. 
 
Simple resolutions are passed by only one chamber of the Legislature, and do not require the Governor's approval.

This entry was posted on May 30, 2011 at 5:34 PM and has received 4324 views. Print this entry.

Veto Deadlines FAQs

May 27

posted by Admin in Vetoes

The Texas Constitution authorizes the Governor to veto bills sent to him by the Legislature.  As the 82nd Regular Session draws to a close and bills that have passed out of both chambers of the Legislature are being sent to the Governor, it is common for the Governor to veto some of these bills.  Below is a list of frequently asked questions regarding the veto process and where to find veto information.

How long does the Governor have to veto legislation?
The Governor has twenty days after final adjournment to consider bills received in the final ten days (not counting Sundays) of the session.

Sunday, June 19th is the last day the Governor can sign or veto bills that he receives in the final ten days (not counting Sundays) of the legislative session.

Does the Governor have to sign a bill for it to become law?
No. A bill that the Legislature passed during its regular legislative session and that was not vetoed by the Governor becomes law even if the Governor does not sign it.  A more in-depth explanation is available in this FAQ about how long the Governor has to sign a bill.

Has the Governor vetoed any bills this session?
The General Reports section of the Texas Legislature Online provides a list of vetoed bills from the current session.  You will also find a list of bills from this session that have been signed by the Governor and a list of bills filed without the Governor's signature.  For your convenience, these links are duplicated below.

82nd Legislature:
Bills vetoed by the Governor
Bills signed by the Governor
Bills filed without the Governor's signature

What bills were vetoed in previous sessions?
A list of vetoed bills going back to the 1st Regular Session is available on the Library's website.  See: Vetoed Bills, 1846-2009.

Can the legislature override a veto from a previous session?
There is some debate over this matter, however the 1875 Constitutional Convention removed the ability for the legislature to consider veto items from a previous session. 
References:
Postadjournment Veto (In Texas Legislative Council, Gubernatorial Veto: Powers, Procedures, and Override History (May 22, 1990), pp. 11-12).
George D. Braden, et al., The Constitution of the State of Texas: An Annotated Comparative Analysis (1977), pp. 333-334.
Texplainer: Can a Veto Be Overturned After Sine Die?, Texas Tribune, retrieved 6/8/2011.

Where can I find additional information on the veto process?
Additional information about the veto process is available on our FAQs page. You can also find information about the veto process, as well as the entire legislative process, in How a Bill Becomes Law, 82nd Legislature (House Research Organization).

This entry was posted on May 27, 2011 at 9:45 AM and has received 9587 views. Print this entry.

Week in Review, May 26th

May 26

posted by TexasLRL in Week in review

  • Review Medicaid's roles for Black Americans and for Hispanic Americans. (Kaiser Commission on Medicaid and the Uninsured, May 20, 2011)
  • Read about puppy mills in Missouri and dog breeding anti-cruelty legislation in various states. (Stateline, May 24, 2011)
  • Explore graphs on partisanship, incumbency, and size of the Texas Delegation to the U.S. House of Representatives (Texas Politics project, University of Texas at Austin, 2011)
  • Grilling this weekend? Try out a meat thermometer to ensure the meat has cooked to a safe temperature. (U.S. Department of Agriculture, May 23, 2011)

This entry was posted on May 26, 2011 at 3:14 PM and has received 1564 views. Print this entry.

Filibusters and Chubbing

May 23

posted by TexasLRL in Legislative process

Near the end of the legislative session, delaying tactics such as filibusters and chubbing come into play as members seek to prevent the passage of bills, delay their consideration, or gain an advantage in negotiations.
 
What is a filibuster?
A filibuster is the prolonged discussion of a bill by an individual, intended to delay legislative action. 
 
Are filibusters allowed in the Texas legislature?
Filibusters are permitted in the Senate but not in the House of Representatives.
 
Are there any rules for a filibuster?
Filibusters are governed by the Senate rules and by precedents interpreting the rules. 
 
Rule 3.02 prohibits eating or drinking in the Senate chamber.
 
Rule 4.01 requires a member of the Senate to stand at his or her desk to address the Senate. The member speaking may not sit, lean, or use a desk or chair in any way. Bathroom breaks are not allowed.
 
Rule 4.03, which governs the interruption of a member who is speaking, allows other senators to raise objections if a speaker does not confine his or her remarks to the issue under consideration or if his or her voice is inaudible.
 
Is there a way to end a filibuster?
If a point of order is raised that the senator speaking has violated the rules for decorum or debate, the presiding officer will warn the senator twice; after a third violation, the Senate may vote on the point of order. If it is sustained, the senator speaking must yield the floor. 
 
What is the longest filibuster?
Senator Bill Meier holds both the state and national record for his 43-hour filibuster on SB 1275 during the 65th regular session in 1977. Senator Meier objected to a provision of the bill which would have prevented public inspection of the records of the Industrial Accident Board.
 
How common are filibusters?
Filibusters are not officially recorded in the Senate Journal, and they can be difficult to document, but they are not uncommon.   The Legislative Reference Library has indentified more than 100 filibusters in the last 72 years, including several record-breakers:
 
Session
Beginning date
Senator
Bill
Length
Source
65th R.S.
5/2/1977
43 hours
Houston Post, 5/5/1977 "Filibuster sets record, but bill passes anyway"
62nd, 3 C.S.
6/27/1972
42 hours, 33 min
Houston Chronicle ,6/28/1972 "McKool, glassy-eyed, but strong of voice, breaks filibuster record"
62nd R.S.
5/29/1971
29 hours, 22 min
Dallas Times-Herald, 5/31/1971 "UT-Dallas bill gains nod despite record filibuster"
54th R.S.
5/17/1955
SJR  1
28 hours 20 min
Dallas News, 5/18/1955 "Filibuster bars vote on water measure"
54th R.S.
3/30/1955
28 hours, 6 min
Texas Observer 4/4/1955 ".. And new champion .."      
54th R.S.
3/23/1955
23 hours and 35 or 45 minutes
Texas Observer , 3/28/1955 "Polka Dots and Orange Juice."
 
 
What is chubbing?
Chubbing refers to the practice of one or more members of the legislature debating bills at great length to slow down the legislative process.   It is frequently practiced on those legislative days which have deadlines near the end of session. Chubbing occurs in both the House and the Senate.
 
Why is this called chubbing?
The origin of the use of the word "chubbing" to refer to a tactic of talking at length to delay the consideration of legislation is not known.
 
It appears that the use of this term in Texas dates back at least to the 1950s. This usage may be unique to Texas. The Oxford Dictionary of American Political Slang lists the term as originating in Texas, and cites its appearance in newspapers and magazines. Texas newspapers articles from the early 1970s through the present describe the practice of chubbing, but give no information about the origin of the term.
 
The technique is also mentioned in several of the general books on Texas politics in the Library's collection; the earliest is from The Texas Citizen : the Guide to Active Citizenship in the Lone Star State by William Henry Gardner, published in 1955.  In a section on delaying tactics Gardner writes "A number of maneuvers are employed by opponents of a bill to defeat it, or delay its passage. In the House, members may prevent a bill that is on the calendar from being taken up for floor consideration by a time-consuming stratagem known as chubbing, which consists of talking at length on a number of other irrelevant matters." Again, no background is provided.

This entry was posted on May 23, 2011 at 10:00 AM and has received 49869 views. Print this entry.

Week in Review, May 19th

May 19

posted by TexasLRL in Week in review

  • Explore how declining tax revenue and school financing changes have led to significant state budget cuts in Texas, even as the state experiences a high rate of population growth. (Stateline, May 16, 2011)
  • See whether Americans think college is a good value. (Pew Research Center, May 15, 2011)
  • Consider the effects of rising household gasoline expenditures. (Consumer Federation of America, May 16, 2011)
  • Review federal spending on highways. (Congressional Budget Office, May 17, 2011)
  • Track the social life of health information. (Pew Internet, May 12, 2011)

This entry was posted on May 19, 2011 at 3:19 PM and has received 1383 views. Print this entry.

Conference Committee FAQs

May 16

posted by Admin in Conference Committees

As the end of session draws near, the below information on conference committees may be helpful.

What is a conference committee?
From the Guide to Texas Legislative Information: "When a bill that has been amended by the opposite chamber is returned to the originating chamber, the originating chamber must concur with all of the amendments made by the opposite chamber before the bill can be enrolled.  If the originating chamber does not concur with some or all of the opposite chamber's amendments, it may request the appointment of a conference committee to resolve the differences between the House and Senate versions of a bill."

How do I know if a bill goes to conference committee?
The bill history indicates if a bill goes to conference committee. In the list of actions, look for "House appoints conferees" or "Senate appoints conferees." These actions indicate that the chamber has agreed to go to conference committee and has appointed members to the committee.  Bill histories can be viewed in the Texas Legislature Online.  

How can I see who was appointed to a particular conference committee?
Conference appointees are entered into the Texas Legislature Online system as they are appointed and will be listed on the bill details page just above the actions on the history tab--see HB 1 (82nd R.S.) as an example.

How can I view conference committee reports?
After the committee has reached an agreement, a report is submitted to both chambers for approval or disapproval. The report must be approved by at least three conferees from each chamber and must contain the text of the bill as approved by the conference committee, a side-by-side analysis comparing the text of the compromise bill to both the House and the Senate versions, and the signatures of those members of the conference committee who approved the report.

The Legislative Library scans and links conference committee reports as soon as they are made available.  Once linked, they can be found on the library website at: http://www.lrl.state.tx.us/legis/conferencecommitteereports.cfm

In addition, conference committee reports are added to the Texas Legislature Online.

What if the conference committee wants to add language to the bill that is not included in either the House or Senate versions?
To add language to the bill that is not included in either the House or Senate versions, the conference committee obtains approval to suspend the language limitation found in the House and Senate rules by passing simple resolutions delineating the information they would like to include. In the bill history of the bill that went to conference committee, look for the actions "House adopts resolution to go outside bounds" and/or "Senate adopts resolution to go outside bounds." See HB 1796 (81st R.S.) as an example.  HR 2975 (81st R.S.) and SR 1099 (81st R.S.) were passed to add additional language to the conference committee report.

This entry was posted on May 16, 2011 at 8:25 AM and has received 10551 views. Print this entry.

Week in Review, May 12th

May 12

posted by TexasLRL in Week in review

  • Explore state and local budgetary difficulties that have led to the underfunding of state and local pension plans. (Congressional Budget Office, May 2011)
  • Read an analysis that projects the state-by-state impact of the U.S. House Republican Medicaid plan. (The Kaiser Commission on Medicaid and the Uninsured, May 10, 2011)
  • See how gasoline taxes have stagnated because of rising gas prices and vocal opposition to raising the gas tax. (Stateline, May 10, 2011)
  • Review the Obama Administration's proposal for immigration reform. (The White House, May 2011)
  • Consider a survey of state policies related to postsecondary education for prison populations. (Institute for Higher Education Policy, May 2011)

This entry was posted on May 12, 2011 at 3:46 PM and has received 1209 views. Print this entry.

Deadlines, Exceptional Votes and Blocker Bills

May 10

posted by TexasLRL in Legislative process

As the 140 days of the regular session draw near an end, a variety of deadlines, rules, and legislative procedures begin to play a larger role in the legislative process. 
 
Deadlines
With just three weeks remaining in the session, a series of deadlines will begin to affect the legislative process.   The end of session deadlines are set in the House and Senate rules. 

This week, Thursday May 12 is the last day for the House to consider second reading House bills and House joint resolutions on the Daily or Supplemental Calendar; Friday, May 13 is the last day for the House to consider consent House Bills on second reading and all third reading House bills and House joint resolutions on the supplemental calendar.
 
The month of May includes so many dates of interest that the Texas Legislative Council has prepared a calendar showing deadlines for action under the House and Senate rules.

Other significant dates and deadlines can be found on the Texas Legislative Council's Dates of Interest page.
 
Exceptional votes
While many issues are decided in the Legislature by a simple majority vote, the Texas Constitution and the House and Senate rules include provisions for situations which require a supermajority. Exceptional votes  may require approval by a certain fraction of the members present and voting on a particular question or it may require approval by a portion of all members eligible to vote, whether or not they are present.
 
Some of the issues which require approval by a supermajority include:
 
Three-fifths of members present and voting
  • Appropriate amounts from the Economic Stabilization Fund for previous purpose during the current biennium Constitution III, § 49-g(k)
  • Appropriate amounts from the Economic Stabilization Fund for the succeeding biennium when the revenue estimate is lower than the revenue estimate for the prior biennium Constitution III, § 49-g(l)

Two-thirds of members present and voting

Two-thirds of members qualified
 
Four-fifths of members present and voting

Four-fifths of Members qualified
 
Consult the Texas Constitution and the House and Senate rules for more information on exceptional votes. Article XVI of the Senate rules includes a list of votes required to adopt motions; a chart summarizing these requirements is included in the Senate Research Center's Legislative Lexicon
 
Blocker bills and the 2/3 rule
The use of a blocker bill is a tradition in the Texas Senate. Blocker bills are bills that are introduced and passed out of committee as early as possible in a legislative session in order that they may occupy the first position on the calendar.
 
The blocker bills for the 82nd R.S. are SB 445 and SJR 18.
 
Senate rule 5.13 provides: "No bill, joint resolution, or resolution affecting state policy may be considered out of its regular calendar order unless the regular order is suspended by a vote of two-thirds of the members present."
 
With a blocker bill at the top of the regular order of business, at least two-thirds of the senators present must vote to begin debating a measure before it can come to the floor.  Bills that do not enjoy substantial support cannot make it past the blocker bill.   

Wednesday and Thursday are designated House bill days in the Senate and on these days a House bill is found at the top of the calendar; there is no permanent blocker bill for House bills on a House bill day. The Senate may continue to bring bills up for consideration out of the regular order of business, in which case the House bill at the top of the calendar may serve as a temporary blocker bill for House bills.  If the House bill at the top of the calendar comes up for consideration during the course of the day, the next bill on the calendar may in turn be treated as a blocker bill.

This entry was posted on May 10, 2011 at 1:06 PM and has received 6164 views. Print this entry.

Week in Review, May 5th

May 5

posted by TexasLRL in Week in review

  • Explore the history of vaccines. (The College of Physicians of Philadelphia, 2011)
  • Read an explanation of state rainy day funds. (Stateline, May 4, 2011)
  • Review tables detailing educational attainment in the U.S. (U.S. Census Bureau, April 26, 2011)
  • Discover the size of the world of cloud computing. (Wikibon Blog, April 28, 2011)
  • Compare state workers' pay in California and Texas. (Bloomberg Businessweek, April 28, 2011)
  • Get some privacy tips for browsing the web. (Center for Democracy and Technology, April 25, 2011)
  • Find information on the recent tornado outbreak. (National Oceanic and Atmospheric Administration, May 3, 2011)

This entry was posted on May 5, 2011 at 3:56 PM and has received 1288 views. Print this entry.

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