Texas operates under a state Constitution ratified in 1876 as Reconstruction was coming to an end and written by men — yes, just men — who pretty much preferred as small a government as possible. So not only is a legislative session limited to just 20 weeks, it’s 20 weeks every other year.
The framers did allow a work-around if lawmakers are unable to get done what needs to get done on time.
They gave the governor, and only the governor, the ability to call lawmakers back into special session for 30 days at a time.
Are there laws the Legislature mustpasseverysession? Just one. They have to enact a state budget. Everything else is optional. And lawmakers being lawmakers, they always exercise the option of passing more.
Why does it seem that nothing much happens early on? Again, it goes back to the governmentaverse framers. Except for emergencies declared by the governor, the Constitution states that the House and the Senate have to wait 60 days before voting on bills.
But there is work being done before that. Bill-filing started after the November elections. Committees, once they’re appointed by the speaker in the House and the lieutenant governor in the Senate, will be holding hearings and side deals will be cut behind the scenes.
Can the Legislature really afford to cut taxes? Likely so. Comptroller Glenn Hegar, the state’s chief financial officer, has been saying for months that lawmakers could have upward of $27 billion more in revenue than they’ll need to meet expected expenses.
It’s still unclear how much taxes might be cut, and it’s likely to be a bit complicated. The loose consensus among top state leaders is that they hope to reduce property taxes. But property taxes are levied locally, the bulk by school districts, so the Legislature will have to devise a plan to use state money to offset money that locals would forgo because of state-mandated property tax reductions.
Another complicating factor is that when the state has lots of money, lawmakers and interest groups can generally think up ways to spend it. One truism in the Legislature goes something like, “it’s easier to write a budget when revenue is tight.”
That’s because in lean times everyone understands that“no”is the default answer to requests for more money. When the state is flush with cash,“no”becomes a harder answer to accept.
Who are the key players in the Legislature? The 150-member House is widely expected to award Beaumont Republican Dade Phelan a second term as speaker. That means he appoints the members who’ll chair the committees and has a lot to say about the flow of legislation that reaches the floor for a vote.
Lt. Gov. Dan Patrick is about to begin his third four-year term, so this will be his fifth session running the 31-member Senate where he names the committees and sets the pace. Because he’s elected statewide, the Republican can claim a statewide constituency. And in past sessions, he’s not been shy about pushing forward the priorities he has set. The speaker is elected by the House members, so that office, with some exceptions, tends to be one of consensus building.
State Rep. Trey Martinez Fischer is a veteran lawmaker from San Antonio who will head the outnumbered Democratic House members for the first time. He has a reputation for knowing the House rules and the rules of parliamentary procedure inside and out. By definition, a minority party has to play defense. Look for Martinez Fischer to use his insider’s knowledge to make defense look like offense during contentious floor fights.
Gov. Greg Abbott, who is also embarking on his third term, isn’t a lawmaker, but his presence will be felt if for no other reason than he can veto whatever bills he doesn’t like. And because so much happens so late in the session, most of the vetoes come after the legislative session ends. That means there’s generally no way to override them.
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