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Legislative Reference Library of Texas
your partner in legislative research

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 6255 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 1291 views. Print this entry.

Bills in the News: Gambling

May 3

posted by TexasLRL in Bills in the News

Bills in the News: Gambling
 
Searching for bills about gambling online can be a daunting task, as a variety of different types of gambling has been addressed in legislation pending in the 82nd Legislature. Below you can find a list of the different subject terms used for gambling legislation. The broader terms, such as "Amusements, Games, Sports" will yield more results than the narrower terms, such as "EIGHT-LINERS":
 
 
There is no shortage of speculation about the expansion of gambling in Texas, and a handful of recent news stories explore whether expanded gambling is the right option for Texas:
Gambling is examined more thoroughly in a number of recent reports and resources:

 State statutes related to gaming activities, racing, and gambling can be found in the following chapters:
Some forms of gambling are legal in Texas, and there are state agencies that oversee particular types of gambling. The Texas Lottery Commission oversees the state lottery and charitable bingo, and the Texas Racing Commission oversees horse and greyhound racetracks in Texas.
 
If you need assistance locating bills about gambling, please contact the Library. 
 

This entry was posted on May 3, 2011 at 12:58 PM and has received 4691 views. Print this entry.

Week in Review, April 28th

Apr 28

posted by TexasLRL in Week in review

  • Find out which states have smoke-free laws for worksites, restaurants, and bars. (Centers for Disease Control and Prevention, April 22, 2011)
  • Look over motorcycle safety & helmet laws by state. (Centers for Disease Control and Prevention, April 19, 2011)
  • Read an overview of immigration issues. (Congressional Research Service, March 21, 2011)
  • See whether homeowner's insurance rates and availability are affected by dog ownership. (Fox Business, March 24, 2011)
  • Review information about the chemicals used in hydraulic fracturing. (FracFocus, Chemical Disclosure Registry, 2011)

This entry was posted on April 28, 2011 at 4:11 PM and has received 1325 views. Print this entry.

Water Auxiliary Laws

Apr 26

posted by Admin in Water auxiliary laws, Legislative process

We frequently receive research questions about legislation on water districts in Texas.  This information can be a bit difficult to find since many of the statutes that created water districts were never incorporated into, nor repealed by, the current Texas Water Code.  Without a section to look at in the current statutes, where does one look to find a legislative history?

To find the legislative history of water districts, we usually turn to the Water Auxiliary Laws pamphlet, published by West as part of the Vernon's Texas Code Annotated.  The pamphlet contains general and special laws pertaining to water, deemed to be general and permanent in nature, that were neither repealed by, nor incorporated into, the Water Code.  If you know the name of a district, you can use the tables provided in the pamphlet to find the year and session law chapter of the enacting and amending legislation, as well as the Vernon's Civil Statutes article number where the enacting legislation was originally codified.

Here's an example from the Water Laws Auxiliary pamphlet, Table III: Districts Created and/or Validated Pursuant to Const. Art. 16 § 59:

Name of District
Vernon's Civ.St.Art.
Laws Citations
 
Bevil Oaks Municipal Utility District
1973, ch. 621
 
2007, ch. 920
 Bexar County Metropolitan Water District
8280-126
1945, ch. 306
 
 
1953, ch. 66
 
 
1957, ch. 40
 
 
1997, ch. 91
 
 
2003, ch. 375
 
 
2007, ch. 1024
Bexar County Water Control and Improvement District
 
 
 
Lackland
8280-224
1959, ch. 199
 
Northwest
8280-225
1959, ch. 200
 
Oak Hills
8280-223
1959, ch. 198
Bilma Public Utility District
8280-512
1971, ch. 559
 

In the left column of the table are the names of the districts.  The middle column contains the Vernon's Civil Statute Article number of the original, codified form of the enacting legislation.  Next to the article number, in the right-hand column, is the year and chapter number of the enacting legislation, with all legislation that subsequently amended the enacting legislation in the rows underneath it.

Suppose we would like to find the bill that created the Bexar County Metropolitan Water District.  We would simply find the bill number that corresponds to 1945, ch. 306, the first law listed for this district.  This can be done using the Direct Search function in the library's Legislative Archive System.  Under "Search by Session Law Chapter," select the correct session (based on year), then enter the chapter number in the field next to it.  Press search, and you will be taken to a page containing the bill number, caption and other details.  The bill that created the Bexar County Metropolitan Water District was HB 834, 49th R. S. (1945). 

The Water Auxiliary Laws pamphlet is available at the Legislative Reference Library, as well as any other library that makes a full set of the Vernon's Annotated Statutes available for public use.  The pamphlet is not online for free, however if you have a subscription to Westlaw, you can view it as part of the statutes.

This entry was posted on April 26, 2011 at 10:18 AM and has received 3631 views. Print this entry.

Week in Review, April 21st

Apr 21

posted by TexasLRL in Week in review

  • See what health care reform's cost of implementation will be for individual states, including Texas as one of five states studied. (Council of State Governments, April 7, 2011)
  • Find one page summaries of Texas school finance topics. (Texas Education Agency, April 2011)
  • Discover what top U.S. companies pay in taxes. (Forbes, April 13, 2011)
  • Examine the composition of hydraulic fracturing fluids. (U.S. House of Representatives, Committee on Energy and Commerce, April 2011)
  • Review a plan to combat the prescription drug abuse epidemic in the U.S. (Executive Office of the President of the United States, 2011)

This entry was posted on April 21, 2011 at 5:27 PM and has received 1225 views. Print this entry.

The Battle of San Jacinto, 175 Years Ago Today

Apr 21

posted by TexasLRL in Texas history

The Battle of San Jacinto occurred on April 21, 1836, concluding the Texas Revolution and setting the United States on a path to expansion in the Southwest. Focused on chasing the fledgling Texas government,  General Santa Anna had led his troops to an area by the San Jacinto River. The Texan army, under the command of Sam Houston, attacked, shouting "Remember the Alamo! Remember Goliad!"  The 18-minute battle ended with a victory for the Texans and the capture of Santa Anna.

The victory has been celebrated by Texans ever since. A ball marked the first anniversary and the 14th Legislature passed Joint Resolution 7 on March 2, 1874, proclaiming April 21 a legal Texas holiday, along with March 2, Texas Independence Day.

The San Jacinto Battle Flag, pictured at right courtesy of the State Preservation Board, has hung in the Texas House chamber since 1933.  The flag is believed to have been the only Texas battle flag at San Jacinto, and it is thought to have been painted by artist James Henry Beard in late 1835 as a gift for the Newport Rifles, a 52-man company of Kentucky volunteers led by Captain Sidney Sherman. In the center is a female figure representing the Goddess of Liberty and the words, "Liberty or Death."

Photo courtesy of the State Preservation Board

This entry was posted on April 21, 2011 at 8:36 AM and has received 4112 views. Print this entry.

Week in Review, April 14th

Apr 14

posted by TexasLRL in Week in review

  • Map state by state funding for community colleges and see how enrollments are on the rise even as funding drops. (Stateline, April 11, 2011)
  • Review a report that scrutinizes Texas laws related to execution by lethal injection. (American Civil Liberties Union, March 2011)
  • Read about the persistent but gradually narrowing gender wage gap. (Institute for Women's Policy Research, April 2011)
  • Find how Texas compares to other states with an interactive gender wage gap map. (National Partnership for Women & Families, 2011)
  • See how the federal government plays a role in Americans' financial literacy. (U.S. Government Accountability Office, April 12, 2011)

This entry was posted on April 14, 2011 at 3:03 PM and has received 1536 views. Print this entry.

Senate Former Members' Day

Apr 13

posted by TexasLRL in Members of the Legislature

Thursday, April 14, 2011 the Senate will celebrate Former Members' day, which is a chance for former members of the Texas Senate to gather and be honored for their service to the State of Texas.
 
More than 900 people have served in the Texas Senate since the first Texas Legislature convened 165 years ago in 1846; others served in the Congress of the Republic of Texas between 1836 and 1846. 
 
In the foreword to The Texas Senate, edited by Secretary of the Senate Patsy Spaw, Lieutenant Governor Bill Hobby observed that the "history of the Senate is the history of Texas."
 
Learn more about the men and women who have served in the Senate from Texas Legislators: Past and Present

This entry was posted on April 13, 2011 at 2:39 PM and has received 1889 views. Print this entry.

Speaker's Reunion Day

Apr 12

posted by TexasLRL in Speaker of the House, Members of the Legislature

Friday, April 15, 2011 is Speaker's Reunion Day, a day for former members of the Texas House of Representatives to gather and be honored for their service to the State of Texas.
 
Speaker's Reunion Day is the modern descendant of Speaker's Day, a long-standing tradition of honoring the Speaker of the House for his service.
 
During the nineteenth century it was the custom at the end of the session for the employees and members of the House to present the Speaker with testimonials and mementos of his service.  Canes, silver tableware  and watches were common gifts.    
 
During the twentieth century, elaborate ceremonies become common.  The term "Speaker's Day" is first used in the House Journal in the 48th Legislature in 1943.  In his 1943 remarks, Speaker Price Daniel observed that it was a complete surprise to find that a Speaker's Day had been arranged for him, recalling "I will admit that I doubted the word of my secretaries this morning when they kept saying it was a few minutes to ten…I felt like they were wrong, and so I walked out here on the floor of the House, just in time to see that the session was opening without me.  I walked to the platform in time to hear our Chaplin, Brother Coltrin, pray for the Speaker, and then I knew what was up."
 
By the middle of the twentieth century, former members and former Speakers regularly attended the Speaker's Day celebrations.   In 1951, former Speakers R.E. Morse, Homer Leonard, Price Daniel, Claud Gilmore, W.O. Reed and Durwood Manford were present to honor Reuben Senterfitt.   The following session, Speaker Senterfitt requested that Speakers Day not be held again on his behalf; instead, Speaker Senterfitt hosted an open house for the members. 
 
Speaker's Day resumed with the following session, and the observance became an all-day affair featuring speeches, mementos, barbeques, balls, and other entertainments.  In 1971, members of the reform-minded group known as the Dirty Thirty challenged the traditional observance of Speaker's Day, arguing that the presentation of gifts had gotten out of hand and become a burden on legislators, house employees and lobbyists.
 
In the following years, Speaker's Day continued, but often on a smaller scale, with brief ceremonies and few or no gifts presented.  In 1981, Speaker Bill Clayton celebrated Speaker's Day with a members' reunion.  More than 750 former members were invited to attend, and festivities included a barbeque on the Capitol Grounds and a party at the Erwin Center.
 
In years since, the reunion has come to be the defining feature of the day, which was renamed Speaker's Reunion Day in 1993.

This entry was posted on April 12, 2011 at 8:20 AM and has received 3820 views. Print this entry.

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