by Julie Anderson
The chairmanships and memberships of Texas legislative committees make newspaper headlines during the session because of these two sentences:
- The bill died in committee.
- The bill was reported out of committee.
Those trying to prevent the passage of proposed legislation hope for No. 1. Those advocating for a bill root for No. 2, meaning their legislation will live to see another day.
Lt. Gov. Dan Patrick announced Senate committee assignments on Jan. 23 including the following chairmanships:
- Senate Committee on Finance: Sen. Joan Huffman
- Senate Committee on Transportation: Sen. Robert Nichols
- Senate Committee on Natural Resources and Economic Development: Sen. Brian Birdwell
The Natural Resources and Economic Development Committee is responsible for holding hearings and reviewing legislation relevant to oil and gas, environmental permitting and quality, workforce development, labor, and tools and programs authorized by the legislature to encourage economic development at the state and local level, Birdwell explained.
“I was extremely pleased to continue serving as chairman of both the Senate Committee on Natural Resources and Economic Development, as well as the Senate Committee on Border Security,” Birdwell commented.
“As the Texas Senate begins its work this session, the committee assignments I made will ensure we succeed in addressing the priorities of the people of Texas,” Patrick stated. To view the full list of committees, go to https://www.ltgov.texas.gov/2023-texas-senate-committees/.
As of press time, House Speaker Dade Phelan had not released his committee assignments.
Clearing the Committee Hurdle
Although nearly all bills are referred to a committee, a large number of bills are never reported out of committee and are considered to have died in committee. The number of bills and resolutions filed compared to those passed in past sessions certainly backs this up:
- During its 2021 regular session, the 87th Texas Legislature enacted 1,073 bills and adopted eight joint resolutions after considering 7,148 measures filed.
- During its 2019 regular session, the 86th Texas Legislature enacted 1,426 bills and adopted 10 joint resolutions after considering 7,541 measures filed.
- During its 2017 regular session, the 85th Texas Legislature enacted 1,211 bills and adopted nine joint resolutions after considering 6,631 measures filed.
- During its 2015 regular session, the 84th Texas Legislature enacted 1,323 bills and adopted seven joint resolutions after considering 6,476 measures filed.
In order to become one of the “enacted or adopted,” the bill must first clear its committee. In the House rules, each committee is assigned jurisdiction over a specific subject matter, and the speaker refers legislation to House committees based on those subject matter jurisdictions. While the Senate rules do not specify subject matter jurisdictions for Senate committees and the lieutenant governor may refer legislation to any Senate committee, in practice unofficial subject matter jurisdictions are usually followed.
Once out of this first committee, the bill must jump another hurdle in the calendars committee.
Industry-Related Committees
“There is no question that the Permian Basin Petroleum Association [PBPA] covers a vast area of territory, and with each committee membership varying in size, it requires us and our member companies to strategically engage,” shared Michael Lozano, PBPA director of Government Affairs.
For example, with Senate Finance and House Appropriations, the main focus of the PBPA will be funding for vital state agencies that permit and inspect operations, Lozano added. These include the Railroad Commission of Texas and the Texas Commission on Environmental Quality.
“Our members rely on regulatory certainty, and that often requires a consistent permitting environment regarding timeliness and completeness,” Lozano continued. “With adequate staff, these agencies can review these applications thoroughly and timely and not impede operators from engaging in their respective roles.”
House Energy Resources and Senate Natural Resources also maintain some overlap in their jurisdiction of oil and gas activities, Lozano said, adding that the PBPA expects the same bills to usually travel through both of these committees. Additionally, there will be a number of issues in House Environmental Regulation that will also likely be referred to Senate Natural Resources.
“The PBPA will engage directly with the author of the relevant bills as well as each member of the committee to provide input and suggestions where there may be solutions to some of the issues in the legislation,” Lozano said.
Committee Meetings
The chair of each committee decides when the committee will meet and which bills will be considered. The House rules permit a House committee or subcommittee to meet: (1) in a public hearing where testimony is heard and official action may be taken on bills, resolutions, or other matters; (2) in a formal meeting where the committee may discuss and take official action on bills, resolutions, or other matters without testimony; or (3) in a work session where the committee may discuss bills, resolutions, or other matters but take no formal action.
Meetings of a House committee or subcommittee are generally required to be open to the public.
The Senate rules do not explicitly provide for different types of meetings but do require that a public hearing allowing public testimony be held on a bill before it can be reported from committee.
Testimony may be heard, and official action may be taken at any meeting of a Senate committee or subcommittee.
“The PBPA focuses on providing specific concerns to each piece of legislation where there is some, and we will often support legislation,” Lozano explained. “In both cases, this will include direct communication when bills are filed and before they are heard, as well as provision of testimony before the committees to publicly express our Association’s position on the legislative proposal.”
To view bills in committee and the schedule of committee hearings, go to https://capitol.texas.gov/ and click on Texas House Committees or Texas Senate Committees.
Texas Legislature: How a Bill Becomes a Law
Once a bill is introduced by a legislator, a caption, or a short description, of the bill is read aloud; this reading is considered the first reading of the bill. Once read, the presiding officer assigns the bill to a committee.
The committee will hear testimony for or against the bill and then decide to take no action or issue a report on the bill. If no action is ever taken, the bill dies.
The committee issues a report which includes how everyone voted and recommendations for the bill. Bills that pass out of committee are sent to the chamber’s calendars committee in the House. That committee then adds the bill to the House agenda for debate. If the bill is never scheduled by the calendars committee, it dies in the calendars committee.
In the Senate, the lieutenant governor decides whether a bill is considered by the full Senate.
If the bill is scheduled, it is read a second and third time and debated by lawmakers. The legislators of that chamber cast their votes, either through voice or a record vote. In the House, record votes are tallied by an electronic vote board controlled by buttons on each member’s desk. In the Senate, record votes are taken by calling the roll of the members.
Generally speaking, the bill needs to obtain a majority vote in order for it to pass. Once the bill passes in one chamber, it is sent to the other chamber.
If there are two different versions of the same bill, a conference committee made up of five members from each chamber is convened. At least three out of the five members must approve the bill in order for it to be considered for passage. If three approve, the conference committee report version of the bill is considered by each chamber without amendment and sent to the governor.
Upon receiving a bill, the governor has 10 days in which to sign the bill, veto it, or allow it to become law without a signature. If the governor vetoes the bill and the legislature is still in session, the bill is returned to the chamber in which it originated with an explanation of the governor’s objections. A two-thirds majority in each chamber is required to override the veto. If the governor neither vetoes nor signs the bill within 10 days, the bill becomes a law. If a bill is sent to the governor within 10 days of final adjournment, the governor has until 20 days after final adjournment to sign the bill, veto it, or allow it to become law without a signature.
For additional technical details, go to https://tlc.texas.gov/docs/legref/legislativeprocess.pdf.
For more information on the PBPA and the Texas and New Mexico legislative sessions, go to www.pbpa.info.