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What's Next? Post-Session FAQ and Bill Statistics, 88th R.S.

Bill Statistics:

House Bills (HBs) & Senate Bills (SBs)
Filed 8,046
Sent to the Governor 1,242
Signed by the Governor 270
Filed without the Governor's signature 23
Vetoed by the Governor 2
House Joint Resolutions (HJRs) & Senate Joint Resolutions (SJRs)
Filed 299
Filed with the Secretary of State 13
House Concurrent Resolutions (HCRs) & Senate Concurrent Resolutions (SCRs)
Filed 185
Filed with the Secretary of State 14
Sent to the Governor 86
Signed by the Governor 47
Filed without the Governor's signature 1
Vetoed by the Governor 0

*Statistics as of May 30, 2023, at 3 p.m. See our bill statistics page to compare these numbers with historical statistics.

 

Post-Session FAQ:

What happens now?

The 88th Regular Session ended Monday, May 29, 2023. Bills that pass both the House and the Senate are sent to the governor to sign, veto, or allow to become law without his signature.

 

When 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 much time does the governor have to act on a bill?

The deadline for the governor to act on a bill is contingent upon the point in time in which the bill is presented to the governor.


If a bill is sent to the governor during the legislative session, the governor has 10 days (excluding Sundays) to sign the bill or 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 or he has not yet signed it, the bill becomes law as if the governor had signed it.


If the Legislature has adjourned sine die, or if the bill is presented to the governor less than 10 days (excluding Sundays) prior to final adjournment, the governor has 20 days (including Sundays) after the final day of the session to sign or veto the bill. If neither action is taken, the bill becomes law without the governor's signature (Texas Const. art. IV, § 14).


Sunday, June 18, is the 20th day following the final adjournment of the 88th Regular Session. It is the last day the governor can sign or veto bills passed during the 88th Regular Session. The LRL's vetoes database will be updated for the 88th Regular Session as we receive those documents.

 

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. Different sections of a bill may have different effective dates.


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 28, 2023, 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 Monday, August 28, 2023.


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.

 

What happens to bills that do not pass?

Bills that do not make it completely through the legislative process die with the end of the session and are not automatically refiled during the next session.

 

What about other types of legislation?

Joint resolutions that pass both chambers of the Legislature are filed with the Secretary of State, and will be on the ballot as a proposed constitutional amendment for the November 7, 2023, election.


Concurrent resolutions generally require action by the governor. Concurrent resolutions used for administrative matters in the House and Senate do not require approval from the governor.


Simple resolutions are passed by only one chamber of the Legislature, and do not require the governor's approval.

 

Where can I find more information about special sessions?

You can start with the LRL's FAQ about special sessions. The LRL website's section devoted to special sessions also includes historical information, links to statutory authority pertaining to special sessions, and more.

 

Sources:

Impeachment by the Texas Legislature

Impeachment is an extraordinary method for removing and disqualifying from holding public office an official who has abused the public trust by serious misconduct. Technically, 'impeachment' is merely an accusation, analogous to a criminal indictment, and must be followed by trial and conviction for removal. However, the entire procedure is customarily called impeachment.

Texas Constitution and Statutes
Article XV of the Texas Constitution provides various methods for the removal of public officers and officials, including impeachment; address; removal of district court judges by the Supreme Court; and removal of gubernatorial appointees by the Governor.

  • Article XV § 1 of the Texas Constitution vests the power of impeachment in the Texas House of Representatives.
  • Article XV § 2 of the Texas Constitution lists the officers for whom a trial of impeachment shall be by the Senate: the Governor, Lieutenant Governor, Attorney General, Commissioners of the General Land Office, Comptroller of Public Accounts, and Judges of the Supreme Court, Court of Appeals, and the District Courts.

Statutes related to impeachment and removal are found in Chapter 665 of the Government Code.

  • Government Code Section 665.002 additionally authorizes removal from office by impeachment for a state officer; a head of a state department or state institution; or a member, regent, trustee, or commissioner having control or management of a state institution or enterprise.

Examples of cases in which officials were impeached and removed from office
The library has compiled information on two prominent cases in which a state official was impeached by the House and removed by the Senate.

The impeachment of Governor James E. Ferguson
House Committee to Investigate Charges Against James E. Ferguson
House Committee of the Whole on Investigation of Impeachment Charges Against Governor James E. Ferguson
House Committee to Prepare Articles of Impeachment Against Governor James E. Ferguson
House Committee on Select an Attorney to Represent the House during the Investigation of Impeachment Charges Against Governor James E. Ferguson
Senate Committee to Formulate the Rules of Procedure in the Trial Upon the Articles of Impeachment of Governor James B. Ferguson, Governor. (Includes Rules of Procedure on Impeachment.)
House Journal, 35th 2nd C.S. Appendix: testimony and arguments related to impeachment charges against Governor James E. Ferguson
Record of proceedings of the High Court of Impeachment on the trial of Hon. James E. Ferguson, governor : before the Senate of the state of Texas (PDF) (Rules of impeachment found on pp. 857859)
Senate Journal, 35th 3rd C.S.

Ferguson resigned from office before the Senate officially announced its judgment and argued that since he had resigned, the prohibition on future office holding did not apply to him. The Texas Supreme Court disagreed in Ferguson v. Maddox, 263 S.W. 888 (Tex. 1924).

The impeachment of Judge O. P. Carrillo, judge of the 229th district court
HR 167 64th R.S. 1975 – Judge O.P. Carrillo, creating House Committee to investigate charges.
HR 161 64th R.S. 1975 – Impeachment charges filed against Judge O. P. Carrillo.
HR 221 64th R.S. 1975 – Judge O.P. Carrillo, continuing the committee and providing for convening of the House.
Documents related to the impeachment of O.P. Carrillo (Legislative Reference Library, Collections)

Current Articles & Research Resources, May 25, 2023

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

  • Consider recent federal and state-level legislation related to policing. (Wilson Center for Science and Justice at Duke Law, May 2023)
  • Explore the USDA’s climate hub for the Southern Plains. (U.S. Department of Agriculture, accessed May 24, 2023)
  • Read about steps the Postal Service is taking to reduce mail theft and improve consumer protection. (U.S. Postal Service, May 12, 2023)
  • Review survey results related to economic well-being in the U.S. in 2022. (Board of Governors of the Federal Reserve System, May 2023)
  • Examine the dilemma of Social Security, the fund for which pays out more benefits than it receives in taxes. (U.S. Government Accountability Office, May 18, 2023)

 

Librarians review and select articles from more than 1,000 print and online sources to compile a weekly annotated list of Current Articles of interest to the legislative community. View this week's Current Articles.

 

Members of the Texas legislative community may request articles by using our online form or by calling 512-463-1252.

Bill Statistics, 133rd Day, 88th R.S.

Bill statistics comparing the 133rd day of the 88th and the 87th Regular Sessions are below. For information about what happens to a bill after it passes, please see our Legislative FAQ page.

 

Bill statistics for the period of November 14, 2022 — May 22, 2023, are below:

  House Bills (HBs) &
House Joint Resolutions (HJRs)
Senate Bills (SBs) &
Senate Joint Resolutions (SJRs)
Filed 5,619 2,726
Reported out of committee 2,200 866
Passed by chamber of origin 1,594 816
Referred to committee in opposite chamber 1,520 560
Reported out of committee in opposite chamber 863 631
Passed opposite chamber 549 377
Sent to the Governor 227 264
Signed by the Governor 9 95
Filed without the Governor's signature 1 5
Vetoed by the Governor 0 1

Previous bill statistics posts:

 

Current Articles & Research Resources, May 18, 2023

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

  • Find famous trees in Texas. (Texas A&M Forest Service, ©2023)
  • Explore how 21st century wars impact human health. (Watson Institute for International and Public Affairs, May 15, 2023)
  • Consider how police use private cameras for real-time surveillance. (Electronic Frontier Foundation, May 11, 2023)
  • Read about how a new Medicare designation could prevent some rural hospitals from closing. (National Conference of State Legislatures, May 11, 2023)

 

Librarians review and select articles from more than 1,000 print and online sources to compile a weekly annotated list of Current Articles of interest to the legislative community. View this week's Current Articles.

 

Members of the Texas legislative community may request articles by using our online form or by calling 512-463-1252.

Conference Committee FAQs

The 88th Regular Session ends Monday, May 29, 2023. As the end of session draws near, the following information on conference committees may be helpful.

What is a conference committee?

From the Texas Legislative Glossary (Texas Legislative Council), a conference committee is “A committee composed of five members from each chamber appointed by the respective presiding officers to resolve the differences between the House and Senate versions of a measure when the originating chamber refuses to concur in the changes made by the opposite chamber.”

See also The Legislative Process in Texas (Texas Legislative Council, 2023) for more information on the conference committee process.

How do I know if a bill goes to conference committee?

The bill history or "Actions" list 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 each chamber has agreed to go to conference committee and has appointed members to the committee. Bill histories can be viewed in Texas Legislature Online on the "History" and "Actions" pages of a bill.

 

How can I see who was appointed to a particular conference committee?

Conference committee appointees are entered into the Texas Legislature Online system as they are appointed and will be listed on the "History" page of the bill.

 

When do conference committees meet and are they open to the public?

Formal meeting notices are not always published for conference committee meetings and the meetings generally are not recorded. House Rules, Rule 13, Chapter C, §§ 6-13 and Senate Rules, Article XII address conference committee procedures.

How can I view conference committee reports?

After a conference committee has reached an agreement, a report is submitted to both chambers for approval or disapproval. The report must be accepted by at least three conferees from each chamber and must contain the agreed upon text of the bill, a side-by-side analysis (Ex. HB 5, 87th R.S.) comparing the text of the compromise bill to both the House and the Senate versions, and the signatures of the conferees who approved the report.

Conference committee reports can be found on the Legislative Reference Library website by clicking on "Legislation" on the navigation bar and then "Conference Committee Reports" in the drop-down menu.

 

 

Conference committee reports are also available on the "Text" page of a bill in 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 5 (87th R.S.) as an example. HR 1868 (87th R.S.) and SR 516 (87th R.S.) were adopted to add additional language to the conference committee report.

What happens if the conference committee report is not accepted by either chamber?

It may be returned to the same conference committee for further deliberation or the appointment of a new committee may be requested. If an agreement is not reached, the bill will not become law.

If the conference committee report is adopted by both chambers, the bill is enrolled, signed by the presiding officers, and sent to the governor.

What are the deadlines for conference committees?

According to the 88th Legislature, Regular Session Deadlines for Action under House and Senate Rules:

Friday, May 26:

  • Before midnight—House copies of conference committee report (CCR) on the general appropriations bill must be distributed (48-hour layout).
  • Before midnight—Senate copies of CCRs on tax, general appropriations, and reapportionment bills must be distributed (48-hour layout).

Saturday, May 27:

  • Before midnight—House copies of CCRs on joint resolutions and bills other than the general appropriations bill must be distributed (24-hour layout).
  • Before midnight—Senate copies of CCRs on joint resolutions and bills other than tax, general appropriations, and reapportionment bills must be distributed (24-hour layout).

Sunday, May 28:

  • Last day for House to adopt CCRs or discharge House conferees and concur in Senate amendments.
  • Last day for Senate to concur in House amendments or adopt CCRs.

 

Bill Statistics & Upcoming Deadlines, May 15, 2023

As the 88th Legislature draws to a close, a series of end-of-session deadlines begin to take effect. Below is a list of deadlines that occur next week:

  • Monday, May 22: Deadline for the last House Local & Consent Calendar with Senate bills (SBs) to be distributed.
  • Tuesday, May 23: Last day for the House to consider second reading Senate bills and Senate joint resolutions (SJRs) on the House Daily or Supplemental Calendar.
  • Wednesday, May 24: Last day for the House to consider local and consent Senate bills on second and third reading, and all third reading Senate bills and Senate joint resolutions on the Supplemental Calendar.
    Last day for the Senate to consider all bills and joint resolutions on second or third reading.
  • Thursday, May 25: Deadline for Senate amendments to be distributed in the House.
  • Friday, May 26: Deadline for House copies of conference committee report (CCR) on the general appropriations bill to be distributed.
    Last day for the House to act on Senate amendments.
    Deadline for Senate copies of conference committee reports on tax, general appropriations, and reapportionment bills to be printed and distributed.
  • Saturday, May 27: Deadline for House copies of conference committee reports on joint resolutions and bills other than the general appropriations bill to be distributed.
    Deadline for Senate copies of all conference committee reports on joint resolutions and bills other than tax, general appropriations, and reapportionment bills to be printed and distributed.
  • Sunday, May 28: Last day for the House to adopt conference committee reports or discharge House conferees and concur in Senate amendments.
    Last day for the Senate to concur in House amendments or adopt conference committee reports.
  • Monday, May 29: Last day of the 88th Regular Session (Sine die); only corrections may be considered in the House and the Senate.

House and Senate calendars are available on Texas Legislature Online.

 

Bill statistics for the period of November 14, 2022 — May 12, 2023, are below.

 

  House Bills (HBs) &
House Joint Resolutions (HJRs)
Senate Bills (SBs) &
Senate Joint Resolutions (SJRs)
Filed 5,619 2,725
Reported out of committee 2,200 860
Passed by chamber of origin 1,590 793
Referred to committee in opposite chamber 1,301 532
Reported out of committee in opposite chamber 281 455
Passed opposite chamber 88 217
Sent to governor (bills only) 40 154
Signed by the governor (bills only) 0 4

 

Previous bill statistics:

Current Articles & Research Resources, May 11, 2023

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

  • Review U.S. Supreme Court Justices’ appearances before congressional committees and subcommittees. (Congressional Research Service, May 2, 2023)
  • Consider how legal technology companies may begin incorporating AI into their products and services. (LawSites, May 4, 2023)
  • Track Historical Debt Outstanding, the U.S. government's total outstanding debt at the end of each fiscal year. (U.S. Department of the Treasury, accessed May 10, 2023)
  • Examine how recycling may introduce more microplastics into the environment. (Wired, May 5, 2023)
  • Find support and help for issues related to mental health or substance abuse. (SAMHSA, accessed May 10, 2023)

 

Librarians review and select articles from more than 1,000 print and online sources to compile a weekly annotated list of Current Articles of interest to the legislative community. View this week's Current Articles.

 

Members of the Texas legislative community may request articles by using our online form or by calling 512-463-1252.

Bill Statistics & Upcoming Deadlines, May 8, 2023

As the 88th Legislature draws to a close, a series of end-of-session deadlines begin to take effect. Below is a list of deadlines that occur next week:

  • Wednesday, May 17: Deadline for the House to distribute its last House Local and Consent Calendar with local House bills (HBs).
  • Friday, May 19: Last day for the House to consider local House bills on Local and Consent Calendar on second and third reading.
    First day the Senate can consider bills and resolutions the first day they are posted on the Senate Notice of Intent Calendar.
  • Saturday, May 20: Last day for House committees to report Senate bills (SBs) and Senate joint resolutions (SJRs).
  • Sunday, May 21: Deadline for the House to distribute its last House Daily Calendar with Senate bills and Senate joint resolutions.

House and Senate calendars are available on the Texas Legislature Online.

 

Bill statistics for the period of November 14, 2022 — May 5, 2023, are below.

 

  House Bills (HBs) &
House Joint Resolutions (HJRs)
Senate Bills (SBs) &
Senate Joint Resolutions (SJRs)
Filed 5,619 2,724
Reported out of committee 2,182 838
Passed by chamber of origin 991 754
Referred to committee in opposite chamber 688 478
Reported out of committee in opposite chamber 75 320
Passed opposite chamber 14 71
Sent to governor (bills only) 2 38
Signed by the governor (bills only) 0 1

 

Last week's bill statistics:

Current Articles & Research Resources, May 4, 2023

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

  • Explore the Health Costs, Coverage and Delivery State Legislation database. (National Conference of State Legislatures, updated April 21, 2023)
  • Consider how graphic paper shortages are affecting the mail. (Office of Inspector General, United States Postal Service, April 20, 2023)
  • Discover how much privacy you have in your car, by VIN. (Privacy4Cars, accessed May 3, 2023)
  • Read about how state legislatures and regulators are addressing concerns related to artificial intelligence (AI) systems. (State Net Insights, April 21, 2023)

 

Librarians review and select articles from more than 1,000 print and online sources to compile a weekly annotated list of Current Articles of interest to the legislative community. View this week's Current Articles.

 

Members of the Texas legislative community may request articles by using our online form or by calling 512-463-1252.

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