Texas State Legislature | |
|---|---|
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| Type | |
| Type | |
| Houses | Senate House of Representatives |
| History | |
| Founded | May 13, 1846 (1846-05-13) |
| Preceded by | Congress of the Republic of Texas (1836–1845) |
| Leadership | |
Speaker Pro Tempore | |
| Structure | |
| Seats | 181 31 Senators 150 Representatives |
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Senate political groups |
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House political groups |
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| Elections | |
Last Senate election | November 5, 2024 |
Last House election | November 5, 2024 |
| Meeting place | |
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| Texas State Capitol Austin | |
| Website | |
| https://capitol.texas.gov | |
TheTexas State Legislature is the legislative branch of Texas. The Texas Legislature is a bicameral body composed of a 31-memberSenate and a 150-memberHouse of Representatives. It meets every two years in regular session, starting on the second Tuesday in January of odd-numbered years, and sessions can last up to 140 days. It’s a powerful part of the Texas government because of itscontrol over state spending, its strong connection to thelieutenant governor, and Texas’s plural executive system.[1]
In the 89th Legislature (2025), Republicans hold 88 of the 150 seats in the House and 20 of the 31 seats in the Senate.[2]
The Legislature is the constitutional successor of theCongress of the Republic of Texas since Texas's 1845entrance into theUnion. The Legislature held itsfirst regular session from February 16 to May 13, 1846.[1] Under the newly adopted State Constitution, the original memberships in the House was 66 members and the Senate 19 to 33 members. Neither the regular biennial session nor the special sessions of the legislature had limits in duration. In the House, leadership consisted of aSpeaker of the House who was elected by and from the membership. In the Senate, the Lieutenant Governor served as President of the Senate. On occasions when the Lieutenant Governor was absent, the senators elected from their members a "president for the time being" (president pro tempore).[3][4] Like many other southern states at the time, Texas explicitly barredclergy from membership in the legislature.[5]Quorum was defined as 2/3rds of the membership, and it is only one of four states (the others beingIndiana,Oregon, andTennessee) to require a supermajority.[1][6]
Following theelection ofAbraham Lincoln, the Texas legislature was involved in theSecession crisis. There was a campaign for Texas to call a convention to vote on the issue, but only the Governor can call a special session of the legislature. GovernorSam Houston was a unionist and refused. Chief justice of theTexas Supreme CourtOran M. Roberts went around him and began organizing a convention. Houston called a special session in January 1861, hoping to the legislature would declare a secession convention illegal. This backfired and the legislature validated the convention and granted the use of the House of Representatives chamber for such a purpose. TheSecession ordinance was overwhelmingly adopted, but unlike other southern states put the issue to a popular vote. The vote on February 23, 2861 approved secession by 44,317 to 13,020.[7] Texas began the process of joining the newConfederate States by making a new Constitution, and in doing so made all officeholders swear a loyalty oath to the Confederacy. Sam Houston refused to do so and the legislature declared the office of governor vacant, effectively removing him from office.[8]
At the conclusion of the Civil War, a new constitution was drafted in 1866. But the legislature refused to ratify theThirteenth andFourteenth amendments to theFederal Constitution andCongress placed the state under amilitary district. In 1869, a new constitution was written by Republicans and expanded the size of the legislature and moved the legislature to annual sessions. TheReconstruction amendments were adopted andEdmund J. Davis as the new governor called the legislature into session for the first time in 5 years. The state struggled duringReconstruction, Governor Davis frequently calledmartial law and the legislature reflected the chaotic energy and instability of the era. In 1870, the legislature passed a law postponing the date of the next election by a year in violation of the 1869 Constitution. Republican Speaker of the HouseIra Evans opposed the law, and for his siding with the Democrats on the issue was removed from his speakership.[9] That same year in the Senate, a group of Democratic senatorsbroke quorum to prevent the passage of legislation creating astate police force and expanding the Governor’s power in declaring martial law.[10][11] Several of the senators were arrested and told they could no longer vote on bills and one was expelled for allegedly resisting arrest. This led the chamber to known as the “Rump Senate”,[12] a reference to theRump Parliament ofKing Charles I. The senate later voted to undo this expulsion, but a special election was held to fill the seat and a replacement was sworn in.[11] This period of time also saw the firstAfrican-American members of the legislature elected. Three in the Senate and 32 in the House.[13][14]
In 1873,Richard Coke was elected governor in acontroversial election and Edmund Davis refused to leave office. The State Supreme court ruled the election was unconstitutional because the polls had not been opened long enough, but the ruling was not enforced and militia removed Davis from the Capitol after a brief standoff.United States PresidentUlysses S. Grant refused to send federal troops to support Davis and Coke was sworn in as Governor.[15][16] As awhite supremacist he worked to undo the changes brought by the Republicans and Reconstruction. This culminated in theConstitution of 1876, which is the current Constitution.[17]
During the first half of the 20th century, under the new constitution the norms and traditions of the legislature began to be established. The biannual session was reinstated and the legislature grew to its current size of 150 members in the House.[1] The legislature moved into the current Capitol building in 1888.[18] In the Senate, instead of electing a president pro tempore only when the Lieutenant governor was absent, an election was held regularly at the start of every session to fill the role.[19] Dr. Read Granberry became the first the firstparliamentarian of the House in 1915 and helped to develop its precedents of procedure.[20] In the House a tradition of a speaker only serving a single term became the norm in addition to a tradition that when a candidate won the speakership the other candidates would move to have the Speaker elected unanimously by the body.[21] Notable speakers during this time includeAustin Milton Kennedy (1909) who was forced to resign after accusations of improper spending,[22] andSamuel T. Rayburn (1911) who would go on to become the longest servingSpeaker of the United States House of Representatives.[1]
With the state government “Redeemed” by the end of Reconstruction, Texas became part of the “Solid South” and moved into an era of the Democratic party leading as asingle party. From 1874 to 1978 all of Texas’ statewide offices were held by Democrats. From 1881 to 1969 there was never more than a single Republican in the Senate and it wasn’t until 1973 that there were more than 10 Republicans serving in the House.[23] Due to this total domination over the political process, the Democratic Primary was effectively the only election of consequence. Like the rest of the south, Texas had also instituted legalsegregation andJim Crow laws against the African American population.Robert Lloyd Smith’s election in 1896 was the last African American to serve in the state House until 1966.[13]
Prominent practices that developed during this era to limit African American participation in the legislative process were thepoll tax,literacy tests, and theWhite primary. Starting in 1923, the legislature passed a law that prevented black voters from participating in the primary election. As the only election of consequence this effectively disenfranchised all black voters. The legality of the white primary was challenged multiple times on constitutional grounds and it was eventually ended by the 1944Supreme Court CaseSmith v. Allwright.[24]
Mexican Americans were also the subjects of discrimination in Texas, and were often the victims of violence andlynching. This violence peaked in the 1910s during an era known asLa Matanza (the massacre).[25][26] This violence was often conducted by or with the implicit consent of local government authorities, including theTexas Rangers. In 1919, state representativeJosé Tomás Canales conducted aninvestigation into the Rangers in response to thePorvenir Massacre which found that up to 5,000 people had been killed by the Rangers during the decade.[27]
During the 1920s, a new iteration of theKu Klux Klan returned to prominence in the South and found success in the state. At their height in 1922, a majority of the State Legislature were members[28] andEarle Bradford Mayfield was elected to theU.S. Senate by openly seeking the Klan’s support.[29] In 1923, there was a demonstration by robed Klan members in the House Chamber.[30]
Texas was heavily involved in the major political movements of the early 1900s such asprohibition andwomen’s suffrage. Texas held multiple failed referendums to attempt to pass statewide prohibition of alcohol in 1887, 1908, and 1911. The effort did eventually succeed as the state was one of the first to ratify theEighteenth amendment in 1918 and passed a statewide prohibition law the following year. Prohibition stayed in placed in Texas until 1935.[31]
Women’s suffrage had been discussed in the state since a proposal was brought up during the writing of the 1869 state constitution. In 1915 and 1917, a majority of the state House voted in favor of expanding the right to vote but fell short of reaching the 2/3 majority needed for a constitutional amendment. In 1918 a special session was called on the issue and representative Charles B. Metcalfe introduced legislation to allow women to vote in primary elections. This legislation did not need a constitutional amendment and as such was passed. The next year Texas was one of the first states to pass theNineteenth amendment.[32] In 1922Edith Wilmans was the first woman elected to the Texas House and in 1927Margie Elizabeth Neal was the first woman elected to the Senate.[33]
In1914,James E. Ferguson used his skills as an orator to win election as governor on apopulist,anti-prohibition platform.[34] He became a deeply divisive figure and legislative pro and anti-Fergusonian factions emerged. He was reelected in1916, but soon after wasimpeached by the State House. He was convicted by the Senate and removed from office and barred from running in the future. He became the first official to be successfully removed in this manner. Ferguson contested his removal on the grounds that he had technically resigned prior to his conviction and as such was still eligible to run for office. His political philosophy influenced the state for decades[35] as he remained active in state politics for many years running for multiple offices including a run for President in1920 but failing to win any. He entered the1924 gubernatorial race, but after the state supreme court upheld his ineligibility to run for office, his wifeMiriam “Ma” Ferguson ran in his place.[34] She won the race, on the campaign of getting “two governors for the price of one" and became Texas’ first female governor and the second female governor in the country.[36][37] She lost re election in1926 to an opponent of her husband, but she was elected to a nonconsecutive second term in1932.
Many changes came to the legislature the second half of the century. TheCivil Rights movement and fight to end legal segregation were major political undertakings in the legislature. Texas was at the center of multiple legal cases that worked towards ending segregationist policies includingSweatt v. Painter (1950) which integrated theUniversity of Texas Law School andHernández v. Texas (1954) which ruled that Jim Crow laws could not apply to Mexican Americans.[38] Following the landmarkBrown v. Board of Education (1954) decision, Texas like most of the south moved to resist the orders from the court. Conservative members of the legislature, known as "Shivercrats" for their allegiance to governorAllan Shivers, actively attempted to circumventdesegregation. In 1955, the Texas Advisory Committee on Segregation in Public Schools was formed and produced a 58 page report detailing ways to nominally fulfill the courts orders while preserving the status quo.[39] The legislative package introduced in the next legislative session included items such as removing the mandate ofcompulsory attendance at integrated schools and providingeducation vouchers to white parents who wished to send their children to private “segregation academies”. However, most of this legislation was blocked in the state Senate by a 36 hour longfilibuster from senatorsHenry Gonzalez andAbraham “Chick” Kazen.[40][41] As the Civil Rights era progressed, African American representation returned to the legislature in 1966, includingBarbara Jordan who was the first black woman elected to the legislature, and later the first black woman elected to Congress from the south.[42]
In 1964, the Supreme Court ruled inReynolds v. Sims that state senate districts had to be drawn based on equal population which forced the restructuring of the body. A constitutional amendment was proposed to expand the chamber to 39 members but this failed. During this time, several other reforms came to the government such as an annual salary for legislators was set for the first time in 1960 and in 1975 the salary was expanded to its current level. Starting in1974, the length of the term for the Governor and other statewide officials was extended to four years. This lengthening of term was also reflected in the lengthening of the tenure and influence of the Lieutenant governor and the Speaker of the House. Lt. GovernorBill Hobby Jr. served a record 6 terms from 1973 to 1991 and SpeakerBill Clayton cleanly broke the tradition of the Speaker of the House only serving one or two terms by serving from 1975 to 1983 and he was followed by other long serving speakersGib Lewis andPete Laney who both served previously unheard of five terms.
The greatest shakeup to the legislature came during this time as the result of scandal. In 1971, a massivestock-fraud ring was uncovered. Known as theSharpstown Scandal, it implicated the SpeakerGus Mutcher, GovernorPreston Smith, and Lieutenant GovernorBen Barnes. While most of those involved avoided legal punishments, many had their political careers ended with almost half of the legislature being voted out of office due to their connection to the corruption.[43] The fallout of the scandal, and others like "Chicken-gate",[44] resulted in the passage of many ethics, campaign finance, and other “good government” regulations. In 1974, the legislature assembled in a constitutional convention in an attempt to revamp and modernize the nearly 100 year old state constitution, but the new document failed to pass by 3 votes.[45] Later legislatures attempted to incorporate some of the proposed changes into amendments to the current document, such as annual sessions, veto sessions of the legislature, pre-session organizational meetings, term limits on the governor, and increased legislative salaries, but many of those also failed.[46] In 1975, the legislature impeached and removed JudgeO. P. Carrillo.[47] In 1979, a group of State senators known as theKiller Bees broke quorum and successfully blocked passage of a bill that would alter the presidential primary in the state. A 1983 fire in the capitol building triggered a complete renovation and expansion of the Capitol complex to better meet the need of the legislators and their staffs, and also provided the opportunity to incorporate modern technologies.[48] In 1991,Glen Maxey became the firstopenly gay member of the legislature.[49]
The end of the 20th century saw the weakening of the Democratic Party’s dominance in the state, and the influence of the Republican Party increasingly grew. In 1961,John Tower was elected as the first Republican US senator from the state since Reconstruction. In 1978,Bill Clements was the first Republican elected to the Governor’s office in over 100 years. At the presidential level since1980 Texas has voted for the Republican presidential candidate after having voted for Democratic candidates in all but 3 elections previously (1972,1952, and1928). In the 1990s, more statewide and legislative offices would be won by Republicans. The State Senate has been majority Republican since1997, the House of Representatives followed suit in2003. Since 1999 all statewide offices have been held by Republicans.[50]
During this era, the so called “Big Three” of Texas government (the governor, lieutenant governor, and speaker of the house)[51][52] have increased their influence on their roles in the legislative process.[53][54][55] Major events from recent history include three quorum breaks, one in 2021 over voting legislation,[56] and two brought about by mid-decade redistricting (2003,2025).[57][58] In 2007, Speaker of the HouseTom Craddick, was almost removed from his position over his leadership style in the chamber, but the motion was withdrawn in a controversial manner.[59] In 2023, the Texas House expelled RepresentativeBryan Slaton in a unanimous vote.[60] This followed the Texas House General Investigating Committee finding that Slaton had violated House Rules by supplying alcohol to a 19-year-old aide before the two had sexual relations at his Austin apartment.[61][62] Slaton resigned on May 8, 2023, but would have continued receiving his salary and per diem under Texas law unless he was expelled. Also during the 2023 legislative session, the House impeached Attorney GeneralKen Paxton on charges of bribery and abuse of office.[63] The State Senate would later acquit him of all charges.[64]
The modern Texas Legislature is seen as very conservative,[65] and the major legislation debated by the body is often seen as influencing in the national discourse onculture war issues such asabortion[66], education vouchers[67],gambling[68],LGBT issues[69], andlegalized cannabis[70].
The Texas Legislature meets every two years, starting on the second Tuesday in January of each odd-numbered year. It is one of only four states — and the largest — that doesn’t hold annual legislative sessions.[71] During a regular session, the first 60 days are reserved for filing legislation and setting up committees. No bills can be passed during this time, unless they have been designated as an "emergency issue" by the governor.[72] Regular sessions last for 140 days, technically they can be shorter but this has not occurred since 1959.[73] The governor also is the only one who can call the Legislature into special sessions. This can be at any time and can last up to 30 days. During a special session, the legislators can only work on the issues the governor orders, though the governor may add more during the session.[74]
Committees play a crucial role in the Texas Legislature. The Speaker of the House and the Lieutenant Governor determine both the members who serve on the committees and which committees legislation is assigned to in their respective chambers, giving them significant influence over what laws advance. There are several types of committees: standing committees handle bills related to specific topics, special committees focus on temporary or unusual issues, and conference committees resolve differences between House and Senate versions of a bill. By reviewing, amending, and voting on bills, committees shape the legislative process and help determine which proposals reach the full chamber. Most bills filed do not receive a vote on the floor, let alone pass; this is either due to them not making it out of the committees or by missing a one of several legislative deadlines.[72][75]
During years when the legislature is not in session, the Speaker and Lieutenant Governor assign the committees "interim charges". These charges allow the committees to study the effects of legislation and issue reports to the next legislature on any issues facing the state.[76][77]
Unlike other states, Texas historically has not provided official roles for majority and minority party leaders in the legislature. Traditionally the Speaker and Lt. Governor used their discretion to appoint committee chairs in a bipartisan fashion and have even appointed members of the other party to serve as Speaker pro tempore and President pro tempore.[78] However in recent legislatures, there has been a change to prioritize committee chairmanships for members of the majority party.[79][80]
The Texas Senate allows for the use of a filibuster in its rules. During the filibuster the member must remain standing and is not allowed to leave the floor while discussing the pending legislation. Unlike the federal counterpart, the senator must remain on topic and are only allowed to deviate from the subject of the bill three times before having their speaking ability revoked.[81] The Texas Senate also currently holds the record for the longest solo filibuster on record. Starting on May 2, 1977, Senator Bill Meier spoke for 43 hours.[82] Similar to the filibuster, the Senate also practices a tradition known as a "blocker bill". The bill is placed at the top of the Senate'slegislative calendar but is never considered requiring a supermajority (3/5th or 19 of the 31)[83] of senators to move tosuspend the regular order of business in order to take up any piece of legislation.[84][85]
Unlike the Texas Senate, the members of the House of Representatives have limits on the amount of time they can speak on legislation, but they may make periodic extensions to the regular speaking time.[86] In order to delay the passage of legislation in a manner analogous to the filibuster, members will use the full time allowed for debate on unrelated bills which are listed earlier on the calendar in a practice called "chubbing".[87][88]
Most bills take effect 90 days after passage, but the Legislature can vote to make them effective sooner if two-thirds of both chambers agree. The Legislature may provide for an effective date that is after the 90th day. Most bills are set to take effect on September 1 in odd-numbered years, which marks the start of Texas’ fiscal year.[89]
Many bills can be pre-filed before a session begins, with lower numbers reserved for high-priority bills like HB1 and SB1, which are each chamber’s version of the state budget.[90][91][92]
The governor canveto legislation. During a session, the governor has ten days to veto a bill. After a session ends that deadline extends to 20 days. The governor, unlike the U.S. President, also has the power of aline item veto for appropriations. Two-thirds of the legislature can vote to over turn a veto, but since most vetoes are issued after the legislature has adjourned this rarely occurs.[93][72]
The Texas Constitution sets the qualifications for election to each house as follows:[94]
Legislators earn $600 per month, plus $221 per day while in session which totals about $38,140 for a regular 140-day session and $45,340 over a two-year term.[96][97] They qualify for a pension after eight years of service, starting at age 60.[98]
| Affiliation | Members | |
|---|---|---|
| Republican Party | 20 | |
| Democratic Party | 11 | |
| Total | 31 | |
| Affiliation | Members | |
|---|---|---|
| Republican Party | 88 | |
| Democratic Party | 62 | |
| Total | 150 | |
The Texas Legislature oversees five support agencies that operate within the legislative branch. These agencies are:
• Texas Legislative Budget Board
• Texas Legislative Council
• Texas Legislative Reference Library
• Texas State Auditor
• Texas Sunset Advisory Commission
Members of theTexas Senate | ||
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89th Texas Legislature (2025)
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| International | |
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| National | |
| Other | |
