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Legislative Foundations for the Capitol

Next week will mark the 130th anniversary since the State of Texas dedicated our current Capitol building. From May 14–19, 1888, more than 20,000 people came from all over the state to participate in festivities such as drill team competitions, military displays, band concerts, and fireworks. The events culminated with the official dedication on May 16, when Sen. Temple Houston (the youngest son of Sam Houston) accepted the building on the state's behalf.

 

The Constitution of 1876—which is still our constitution today—made financial provision for the new building in Article XVI, Sec. 57, authorizing the use of 3 million acres of public land in the Texas Panhandle to pay for the new capitol and calling on the Legislature to pass the necessary bills to begin the project. (That land would become XIT Ranch.)

 

In 1879, the 16th Legislature passed SB 21, 16R, "Relating to providing for designating, surveying and sale of three million and fifty thousand acres of the unappropriated public domain for the erection of a new state capitol and other necessary public buildings at the seat of government, and to providing a fund to pay for surveying said lands" and SB 153, 16R, "Relating to providing for building a new state capitol."

 

To facilitate the passage of Capitol-related bills, several committees were formed. During construction, committees were charged with the "programme" for the laying of the corner stone (1885) and considering the "new Capitol, grounds and cost of furnishing" (1887).

 

On May 2, 1888, HB 38, 20(1) was approved, "an Act to provide for the reception of the new State Capitol Building." They accepted the Capitol—contingent on the completion of all remaining work—and on May 10, authorized the moving of furniture from the temporary Capitol to the new one. Most offices were established in their new spaces by May 11, and the Legislature convened in its new chambers for the first time.

 

After the dedication, the work continued: in 1889, committees were formed to investigate the cost of running a capitol elevator, the acoustics of the House chamber, and Capitol grounds considerations like placing "a neat and substantial iron fence around said grounds" and "the cost of properly wiring the Capitol building, with all necessary fixtures, with the view of placing electric lights in said building." Fortunately, they did not use all of the money from the sale of the XIT land to construct the building, so they had some funding left over to address these and other budgetary needs—allocating that money was the reason for the 20th Legislature's special session in April–May 1888.

 

The work continues today—since 1853, more than 40 committees have been charged with Capitol-related topics. Modernizing the building, repairing after 1983 fire damage, and maintaining the grounds has kept the Legislature (and of course, the State Preservation Board) busy over the years. But, Sen. Houston said it well:

 

It would seem that here glitters a structure that shall stand as a sentinel of eternity, to gaze upon passing ages, and, surviving, shall mourn as each separate star expires. ~Sen. Temple Houston, Capitol Dedication Speech, May 16, 1888

 
See the Handbook of Texas' entry on the Capitol to learn more about the process of designing and constructing the building. 

 

Images

Top: [Capitol Construction], photograph, 1887~; (texashistory.unt.edu/ark:/67531/metapth124107/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

Bottom: [Cavalry Troops Marching in Texas Capitol Building Dedication Parade], photograph, April 28, 1888; (texashistory.unt.edu/ark:/67531/metapth124468/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

Cover: [Construction of Capitol Dome], photograph, 1888; (texashistory.unt.edu/ark:/67531/metapth124243/: accessed May 4, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Austin History Center, Austin Public Library.

 

Sources consulted:

"Capitol," Handbook of Texas Online, Texas State Historical Association

"Capitol History," Texas State Preservation Board

A Nobler Edifice: The Texas State Capitol, 1888-1988An Exhibit, the Lorenzo de Zavala State Archives and Library Building. Texas State Library, 1988.

The Texas Capitol: A History of the Lone Star Statehouse. Texas Legislative Council, 2016.

Interim Hearings – Week of May 14, 2018

Today's Committee Meetings on the LRL website is a calendar of interim committee hearings with links to agendas. Below are resources related to upcoming Interim Hearings.

 

May 15

House Committees on Defense & Veterans' Affairs and Economic & Small Business Development (10:00 AM, Joint Hearing)

Charge: Economic impact of the aviation, aerospace & defense manufacturing industry in Texas; military veterans transitioning into the workforce; manufacturing industry in the state

 

House Committee on Defense & Veterans' Affairs (1:00 PM) 

Charge: Homeless veterans in Texas 

Charge: Monitor agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature; implementation of SB 27, 85th Legislature, R.S., and the related Veterans Mental Health Program, as well as SB 578, 85th Legislature, R.S., and the development of the Veterans Suicide Prevention Action Plan

 

House Committee on Economic & Small Business Development (1:00 PM) 

Charge 1: Hurricane Harvey's economic and workforce impact on the state and private sector; job training resources

Charge 6: Monitoring agencies and programs under the Committee's jurisdiction and implementation of relevant legislation passed by the 85th Legislature

 

 

House Select Committee on Opioids & Substance Abuse

Charge: Implementation of legislation passed by the 85th Legislature regarding Prescription Monitoring Program; prescribing of addictive drugs; overutilization and diversion of addictive prescriptions

 

Senate Committee on Business & Commerce

 

May 16

House Select Committee on Cybersecurity (San Antonio)  

Topic: Cybersecurity at the local, state, and federal levels including risks, incidents, preventative measures, and advancements in detection

Topic: Cybersecurity education, curriculum, training, workforce, and outreach to increase interest in the technology career field

 

May 17

House Committee on Public Health

Charge: Children with mental illness, including trauma- and grief-informed practices; school- or community-based mental health services to children and role of Texas Education Agency and regional Education Service Centers

Current Articles & Research Resources, May 3

In this weekly post, we feature helpful research tools and recent articles of interest to the legislative community. 

  • Consider maps and data visualizations related to urban issues. (Ash Center for Democratic Governance and Innovation, accessed May 2, 2018)
  • Explore the U.S. Reports collection of U.S. Supreme Court decisions. (Library of Congress, accessed May 2, 2018)
  • Review the Traffic Safety Culture Index for recent insights into driver, cyclist, and pedestrian behaviors. (AAA Foundation for Traffic Safety, March 2018)
  • Read about vectorborne diseases and their prevalence and consequences in the United States. (Centers for Disease Control and Prevention, May 1, 2018)

Members of the Texas legislative community may request the articles below here or by calling 512-463-1252.

  • "What if the problem isn't the president, it's the presidency?" By John Dickerson. Atlantic Monthly, May 2018, pp. 46-52, 55-63.
    Argues that the role and duties of the United States President have gotten out of control and beyond the capabilities of one person. Discusses the historical evolution of the president's role and offers specific suggestions for reforming the office.
  • "A flood of threats to water systems." By Jacqueline Toth. CQ Weekly, April 23, 2018, pp. 22-24.
    Addresses how extreme weather events affect water utilities and their planning efforts. Discusses Houston's vulnerability and the city's current drought conditions in the wake of catastrophic flooding from Hurricane Harvey.
  • "Safe, legal and scarce." By Sandhya Raman. CQ Weekly, April 9, 2018, pp. 26-29.
    Examines state efforts to regulate abortion clinics. Profiles states with stringent regulations that result in the closing of some clinics.
  • "Assisted dying: Alohas and goodbyes." Economist, April 28th-May 4th, 2018, p. 28.
    Reports Hawaii is the seventh American jurisdiction to approve an assisted-dying law, modeled on Oregon legislation passed in 1997. Related information at: https://www.deathwithdignity.org/take-action/
  • "Innovative population health model associated with reduced emergency department use and inpatient hospitalization." By Donald Wesson, et al. Health Affairs, April 2018, pp. 543-550.
    Describes a case study of Baylor Scott & White's partnership with the Dallas Parks and Recreation Department to create a primary care clinic in a city recreation center. Details how improved access to health care, alongside exercise facilities, cooking demonstrations, and other wellness resources, was associated with lower emergency department and inpatient services usage by the center's patients.
  • "Reauthorizing the National Flood Insurance Program." By Howard Kunreuther. Issues in Science and Technology, Spring 2018, pp. 37-51.
    Suggests ways to improve the National Flood Insurance Program. Considers how areas subject to floods and hurricanes are prepared for flooding events.
  • "State-level community benefit regulation and nonprofit hospitals' provision of community benefits." By Simone R. Singh, et al. Journal of Health Politics, Policy, and Law, April 2018, pp. 229-269 (Note Length).
    Examines how to design regulations that will encourage nonprofit hospitals to provide enough community benefits to justify their tax exemptions and meet policy makers' goals.
  • "Let me tell you how it will be: Tougher property tax exemptions." By Mark R. Adams. Journal of MultiState Taxation and Incentives, May 2018, pp. 28-35.
    Describes the financial impact of property tax exemptions held by nonprofits, including hospitals, on municipalities. Discusses state legislative initiatives in Connecticut, Massachusetts, and Michigan to amend legal structures around nonprofit charitable organizations and property tax exemptions.
  • "Texas surplus lines insurance: Reflections on attitudes, from the capitol to the courthouse." By Andrew Kunau. Journal of Texas Insurance Law, Spring 2018, pp. 4-11.
    Highlights legislative changes to the insurance surplus lines market through passage of HB2492 and HB1559, 85th Legislature, R.S. Considers how the 2016 Texas Supreme Court case, Seger v. Yorkshire Ins. Co. Ltd., influenced the recent legislative activity.
  • "Public pension plan investment return assumptions (2018)." National Association of State Retirement Administrators, Updated February 2018, pp. 1-8.
    Describes how investment return assumptions are established and evaluated in public pension funds, compared with public funds' actual investment experience. Includes Texas County & District, Texas ERS, Texas LECOS, and Texas Municipal in the appendix.
  • "Water and air quality: An opportunity for states." By Thomas Salzer. Natural Resources & Environment, Spring 2018, pp. 57-59.
    Considers the challenges local and state governments face when environmental issues and disasters strike close to home. Discusses the federal government's role in such disasters and uses the drinking water crisis in Flint, Michigan as an example.
  • "Lone stars." By Ashley Powers. New Yorker, April 30, 2018, pp. 30-35.
    Examines the constitutional sheriffs movement and its belief that the sheriff has the final say on a law's constitutionality in his county. Traces the movement from its 1970s beginning with William Potter Gale and the Posse Comitatus movement and highlights activities of the Constitutional Sheriffs and Peace Officers Association (CSPOA). See: https://www.newyorker.com/magazine/2018/04/30/the-renegade-sheriffs
  • "Distribution: Identify lead plumbing sources to protect public health." By Darren Lytle, et al. Opflow, March 2018, pp. 16-20.
    Recommends that water utilities should consider using diagnostic sampling to help identify lead sources in drinking water. Discusses different types of sampling methods. Related information at: https://www.awwa.org/resources-tools/water-knowledge/lead.aspx and https://www.epa.gov/ground-water-and-drinking-water/basic-information-about-lead-drinking-water#getinto
  • "Gerrymandering is out of control." By Eric Boehm. Reason, May 2018, pp. 26-34.
    Focuses on the current state of gerrymandered election districts and explains the various models that have been developed to draw more compact districts with minimum partisan intent. Suggests a new computer algorithm model may offer the best solution.
  • "American epidemic." By Melinda Wenner Moyer. Scientific American, May 2018, pp. 44-47, 50-54, 57.
    Explores the resurgence of infectious diseases in America's urban areas. Suggests that economic disparities and substance abuse drive infection rates higher.
  • "E-Verify immigrant job screening is a game of chicken, politics and state laws." By Tim Henderson. Stateline (Pew Charitable Trusts), April 27, 2018, pp. 1-6.
    Finds that E-Verify, a critical tool for preventing the illegal hiring of undocumented workers, has not been used uniformly even in the states that require its use.
  • "Austin Energy celebrates community solar project." Texas Public Power, April 2018, p. 8.
    Highlights Austin Energy's La Loma Community Solar Farm, "the largest community solar farm in the Electric Reliability Council of Texas [ERCOT] region."
  • "The intersection of mental illness and the criminal justice system." By Sarah Roland. Voice for the Defense, April 2018, pp. 27-34.
    Discusses the challenges of representing a mentally ill person. Explains the shortcomings in the current criminal justice system that arise as a defense attorney for a mentally ill defendant navigates the system.

The Legislative Reference Library compiles this weekly annotated list of Current Articles of interest to the legislative community. Professional librarians review and select articles from more than 300 periodicals, including public policy journals, specialized industry periodicals, news magazines, and state agency publications. Members of the Texas legislative community may request articles using our online form.

Resource Highlight: Parliamentary Manuals

Want to improve your knowledge of parliamentary procedures before the 86th Legislature begins? The LRL has a resource guide for you! You can download Resources in Parliamentary Procedure as a PDF, peruse it on our website, or check out a physical copy.

 

Of course, studying Texas parliamentary procedure starts with the House and Senate Rules. When House and Senate rules are silent, the Legislature relies on resources such as Mason's Manual of Legislative Procedure and the practice of the United States Congress as reflected in published precedents such as Hinds’ Precedents and Cannon’s Precedents (see House Rule 14, Section 1, and Senate Rule 20.01).  Additional reference materials available in the LRL include the Texas Legislative Manual, historic Texas legislative procedure and rules materials, other congressional guides and precedents, constitutional reference materials, Hugh Brady's editions on Texas house and senate practices, and more. When available, the guide links to digitized resources.

 

Images, left to right: The Texas Legislative Manual; Constitution, Jefferson's Manual, and Rules of the House of Representatives; Texas House Rules; Senate Manual; and [Texas] Senate Rules are significant resources for understanding parliamentary procedure in Texas.

 

Senate Parliamentarian Noel Brown and House Parliamentarian Collier Read Granberry review a legislative manual for the 50th Legislature (1947). Collier Read Granberry Papers, Box 3Y92, The Dolph Briscoe Center for American History, The University of Texas at Austin.

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