Texas Legislature: A Low Activity Struggle
(February, 2011)
The 82nd Session of the Texas Legislature, which began on January 11th and runs through May, has a ways to go and plenty of work ahead. Legislators are slowly coming to grips with a work agenda that is heavily burdened by budgeting challenges that are unprecedented in recent memory. While the House and Senate struggle to address a projected budget deficit in the billions, veterans of the process have recognized that this is not the year to try to pass other legislation. With the budget problems taking center stage, and the historically contentious process of political redistricting waiting in the wings, bill filing has been at the lowest level seen in years. Compared to prior sessions only a third of the usual number of bills have been filed. Many are expected to die with little to no fanfare. Aside from non-controversial legislation to enhance temporary licensing for acupuncturists and address post graduate training needs, the oriental medicine community does not appear to be the subject of legislative interest; however, the TAAOM is keeping an eye out for filings prior to the March bill filing deadline and is being particularly watchful of legislation that might be filed to implement a consolidation of state health care provider licensing agencies. This concern has drawn more attention in light of Governor Perry’s comments about the need to do so for a more efficient and cost-effective system of government. TAAOM will continue to monitor, report, and act on acupuncture related legislation throughout the ongoing session.
The Texas Legislature: Navigating Through the Session
(January, 2011)
With the 82nd Session of the Texas Legislature starting January 11th, general interest in what is happening in the Texas Capitol has increased dramatically. To veteran lobbyists and watchdog organizations, following the action and tracking legislation poses significant challenges given the sheer volume of bills filed and the speed at which the 140-day session moves. Oftentimes, even the most sophisticated organizations find it a frustrating and expensive proposition to just follow the action. More often than not, they discover that actually influencing the outcome of the legislation is an even bigger challenge. It is therefore no surprise that monitoring the session can be quite a daunting task for the average citizen. It helps to have a refresher on the legislative process and to know about some of the tools available to make keeping up just a little easier.
The legislative process appears overwhelming and a bit mind-boggling when placed on a flow chart. Yet, despite its apparent complexity, the process can be sufficiently boiled down to its basic components for successfully navigating through a legislative session. The Texas Legislature is composed of the Senate and the House of Representatives. The Senate has 31 members and is led by the Lieutenant Governor. The House of Representatives has 150 members led by the Speaker of the House who is elected by the House membership. Any legislation has to be approved by both the House and the Senate. The legislature meets every other year for 140 days, and during the interim between sessions they can be found working on various committees and subcommittees in an effort to study particular issues.
To get a new law through the process, a bill has to be filed by either a senator or a representative. With limited exceptions, it has to be filed during the first 60 days of the session or obtain a four fifths majority vote legislators present in the House or Senate to allow the filing. Bills can be pre-filed the week after the General Elections in November of the year immediately before the session. The Texas Legislature meets in regular session from January to June of each odd numbered year. A bill may be filed on the initiative of a senator or representative who identifies a need for a new law, or it may be filed in response to a request or prompting from a group, an individual, or any other entity. Typically, voters from a legislator’s district, associations, and lobbyists are most likely to be the catalyst for a senator or representative filing a bill. Many bills are also filed as a result of recommendations of legislative committees that have studied an issue during the interim between sessions; however, a considerable amount of legislation is still filed in an effort to address a need or concern raised by a constituent.
To file a bill, the proposed language is drafted in conformance with specific legislative requirements which can be found in legislative drafting manuals. The legislator or their staff may draft the language or have it provided to them by a constituent or other interested party. In addition, the staff of the Texas Legislative Council or the engrossing and enrolling department of the Senate can be called upon to draft the legislation. Each bill, whether filed in the Senate or the House, is assigned a number for tracking purposes and is identified with a prefix to reflect whether it is a Senate or House bill (i.e., SB 1313; HB 8888). With limited exception, the numbers are assigned as the bills are filed. Some bill numbers are reserved for unavoidable and anticipated legislation such as passage of the state budget.
It should be noted that prior to filing, the bill has to be properly formatted and reviewed for consistency with governing legislative rules. This chore is handled by the Texas Legislative Council or the Senate engrossing and enrolling department. Except for general appropriations bills, all bills are limited to a single subject. Failure to follow drafting requirements can lead to a bill failing due to a point of order being raised in opposition to the bill. Once filed, Senate bills are routed to the Lieutenant Governor for assignment to a Senate committee that deals with the particular subject matter of the bill. Similarly, House bills are forwarded to the Speaker of the House for the same purpose. These committees are appointed by the Lieutenant Governor in the Senate and Speaker in the House where seniority is also a factor. The committees function as filter mechanisms for weeding out ill-advised legislation and to refine bills that do potentially have merit. For instance, a bill on acupuncture might be routed to the House Public Health Committee or the Senate Health and Human Services Committee. At the committee level, the Chair of the committee determines when the bill will be heard in committee, if heard at all.
When a bill is considered at the committee level, the bill sponsor or author will attend the meeting and lay out the bill. The laying out of a bill is simply explaining what it is for and why it is drafted a certain way. Questions may follow from committee members. Thereafter, resource witnesses may be asked to testify. Resource witnesses are usually state agency employees who are required to remain neutral on the bill while providing background information and predicted impact from the legislation. Members of the general public are allowed to sign up to testify as are representatives of organizations and businesses. Testimony is often limited to less than five minutes per person, not counting questions that may be asked of a particular witness. Witnesses can file written testimony or testify orally or both. Witnesses can also just complete and submit a one-page form available in the committee room and provide it to the clerk at the front of the room before testimony is closed. The form with identifying information merely indicates whether the witness is “for,” “against,” or “neutral” on the bill. At times, doing so is called “dropping a card” which refers back to a time when the form was the size of an index card. The testimony and forms are kept as part of the record.
After hearing testimony, the committee can vote the bill out of the committee as originally presented or with committee amendments through a committee substitute. The committee chair can also decide to not hold the vote and leave the bill pending in committee. In this instance, the bill is likely to die because it failed to move fast enough to be approved by both the House and Senate prior to the end of the session. In the House, once out of the subject matter committee, the bill is sent to the Calendars Committee for scheduling for consideration before the full House of Representatives. If not voted out of the Calendars Committee, the bill does not go to the House floor for a vote and it fails to pass when the session ends. Similarly, a bill coming out of a Senate committee must make it to the Senate floor as well. What makes it to the Senate floor is largely dictated by the Lieutenant Governor who presides over the Senate.
A bill can be passed unchanged or amended or by substitute on the House or Senate floor. Once it has made it through the House or the Senate, it has to go through the same committee and floor consideration process in the other chamber. If it fails to make it through both the House and Senate before the end of the session, it dies. If either the House or Senate change a bill before sending it back to their counterpart, the changes have to be acceptable to the sponsor, and if not, a Conference Committee comprised of legislators from both will be appointed and convened. Such committees usually are created during the last few days of the session and act quickly. They only focus on language that is in dispute. If they reach language acceptable to the Conference Committee, that language becomes part of the bill which will eventually be forwarded for the Governor’s signature. If legislators fail to reach an agreement in the Conference Committee, the legislation does not pass and is not routed any further.
Given the 140-day session, the process itself, and the fact that anywhere from 5000 to more than 7000 bills are routinely filed each session, one can easily see that getting legislation passed is usually harder to do than stopping its passage. If bad legislation does make it to the Governor, the Governor has a set period of time to sign it or veto it. If the Governor does neither, the bill passes without his signature. The effective date of legislation that passes is usually September 1st of that same year, but the legislation can be effective earlier or later if specified in the bill. More often than not, the new legislation goes into effect that September.
The summarized process is what most people need to know to be actively involved in the session. Of course there are quite a few terms of art that get thrown around like “engrossing” or “enrolling” a bill, “dropping a card,” having a first, second or third “reading” of a bill, and “sine die.” Someone inexperienced in the process just needs to understand that these terms were new to all of us once, and with a little effort, anyone can become comfortable with the legislative vocabulary. Keeping up with legislation also seems bewildering at first, but there are tricks of the trade that make it easier.
One of the best ways to track legislation is to have someone else do it for you. That’s where associations like the TAAOM come in. Associations like the TAAOM have volunteers and support personnel who monitor legislation online and talk to staff and legislators at the Capitol in order to stay abreast of developments. This information can then be circulated by word of mouth, fax, email, or website postings. A benefit of membership in an association is that the association can focus on the legislature while you focus on patient care. Of course, from time to time, it is necessary for members to express their views when urged to do so by the association. With an association’s help, members will know who to contact and what to say to support or oppose legislation. That being said, individuals can also track and respond to bills on an independent basis. Doing so takes time and time is money, but for those who are willing and able there are some great resources.
With the proliferation of the Internet, a number of businesses have grown up over the years which focus exclusively on tracking and reporting legislative developments to their clients. Such services can be quite sophisticated, but are often expensive. Public notices are also posted at the Capitol and online in regard to when and where specified bills will be addressed. The Legislative Council is also a source of a wide range of information including scheduling of bills. The most cost effective way to try to keep track is through the Texas Legislature’s website at www.capitol.state.tx.us . This website is free to use and stays relatively current; however, toward the end of the session there can be a considerable lag time between events and the updating of the site. This gap of information is best filled by having association volunteers or staff at the Capitol observing and passing on developments for dissemination to those who are unable to be there. With more television coverage on public television stations and online streaming of live video, it is becoming less of a necessity to haunt the halls of the Texas Legislature on a daily basis. Yet, despite all of the new technology, networking with other organizations and lobbyists remains a time proven method of staying up with all that is taking place, particularly as sine die --the end of the session-- approaches . Picking up the phone and calling a bill sponsor’s support staff or committee personnel can also be an effective means of getting the latest information. By establishing friendships and working relationships with legislators and staff, it is possible to be tipped off before a bill reaches a critical stage. It is more important than ever for association members to cultivate relationships of trust with everyone involved in the process.
With the legislative process simplified, an interested citizen has no excuse for only being a bystander. Legislators and their staff want input so they know what bills are the right ones to pass. Sending in written testimony, testifying at hearing, dropping a card, and stopping by their offices can make a positive difference. Helping a legislator during campaign season is a sure fire way to get access to them during the busy session. Visiting their local district office as well as their office at the Capitol can help open up lines of communication, and can make you a trusted source of information in your area of expertise. Acting in concert with your friends and colleagues can and does make a difference. Stand by for electronic TAAOM legislative updates to keep you informed as well as legislative alerts calling you to action. If you are not sure whether you are on the TAAOM listserv, email TAAOM.membership@gmail.com. Together we can make a difference.
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