The Texas Tribune is holding a week-long event entitled “A Preview of the 2021 Legislative Session.” This report covers “The Legislature Explained” in which Tribune CEO Evan Smith and Tribune Executive Editor Ross Ramsey discuss the workings of the Texas Legislature and how session will be impacted by the COVID-19 pandemic. A video of this discussion can be found here.

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

  • Smith – Texas legislature does not meet year-round, is five months out of every other year
  • Ramsey – Aim was to make a citizen legislature; are now full-time jobs with part-time pay

 

  • Smith – There is a regular session that is typically 140 days, but there is a possibility of the Governor calling a special session
  • Ramsey – Correct, this could extend the time in which the legislature is discussing certain issues
  • Ramsey – Additionally, they do not have to meet the total 140 days; some sessions have ended after 114 days

 

  • Smith – Governor has to set the agenda for special sessions, but during regular session can set “emergencies” that would be discussed at the front end of the session
  • Ramsey – Governor would be able to come in the first 60 days to set an agenda on what they can talk about
  • Smith – Emergency items are not always “emergency,” but can be the Governor showing which issues are important to him

 

  • Smith – To pass a bill, do both chambers need to be in agreement?
  • Ramsey – Yes and will need the Governor’s signature or he can let it pass without a signature
  • Smith – In what case would the Governor not sign a bill, why not veto it?
  • Ramsey – So the Governor can say he did not support it, but it was the will of both chambers
  • Ramsey – In the case of a veto, the rationale would be the reverse of that

 

  • Smith – Have been sessions in which House and Senate have/have not gotten along; how important are relationships?
  • Ramsey – Also depends on if they agree on what they want to pass; is a relationship business

 

  • Smith – Has been said the House is the people’s chamber and the Senate is more refined
  • Ramsey – Not necessarily; used to be the House is the accelerator and the Senate was the brake
  • Ramsey – Senate is now the accelerator and the House is now the brake
  • Smith – Republicans have a majority of each chamber, but Democrats used to hold majority; what does the minority party get to even things out?
  • Ramsey – Minority party does get some good assignments, but the best jobs usually go to Republicans

 

  • Smith – Point of controversy is Presumptive Speaker Rep. Dade Phelan being open to the idea of having Democrats as committee chairs; however, this has always been the case
  • Ramsey – Correct, Texas does not work the same way as the U.S. House; Democrats are given some good assignments
  • Ramsey – Additionally, most issues are urban/rural or east/west, not along partisan lines

 

  • Smith – How does a bill becomes law?
  • Ramsey – Out of the about 6,000 to 7,000 bills a session, approximately 23% are passed
  • Ramsey – Bill is drafted, filed, and has to gain support; goes to Speaker/Lt. Governor, gets referred to committee, chair decides whether to hear it or not (usually dies here)
  • Ramsey – Rare for bills to die after it is heard by the committee, then goes to calendars and is voted on, then moves on to the Senate and is the same process, then Lt. Governor says if the bill goes to the floor
  • Ramsey – Then goes to the Governor, if vetoed during a session, then they can override (is rare)

 

  • Smith – What percentage gets passed?
  • Ramsey – 21-22%

 

  • Smith – Is the Speaker of the House the most powerful unelected member in state government?
  • Ramsey – Correct

 

  • Smith – Phelan will be the 77th Speaker of the House; every Speaker is different
  • Ramsey – Every speaker is a response to the last speaker; Phelan is Bonnen 2.0 because their politics are similar and the same group will likely prosper that did under Speaker Bonnen

 

  • Smith – Lt. Governor is extremely powerful?
  • Ramsey – Yes since the Governor does not have a cabinet; is a more powerful position as it controls the direction and assignments within the Senate

 

  • Smith – When the Governor, Lt. Governor, and the Speaker of the House get along, it is good
  • Ramsey – If there is a strained relationship, sometimes that is a benefit; redistricting may put additional pressure on those relationships

 

  • Smith – What about the public?
  • Ramsey – Public is what these people fear/respect; they are trying to keep the public happy
  • Ramsey – During a pandemic, issue is getting those people in for their feedback

 

  • Smith – Do not know how to game out what the session will look like? This session will be unprecedented
  • Ramsey – Are trying to figure out how to get the public in, how many, and what regulations will be in place