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The Beginner’s Guide to the Texas Legislative Process

By Clint Brown | Community Association Newsletter, Community Associations, Condominiums, Legislative Updates | Comments are Closed | 31 October, 2024 | 0

The 89th Texas Legislative Session is nearly here. 140 fast and furious days of debate will take over Austin in the new year. If history is any indication, the POA industry will see many bills introduced and debated. Before the action gets started, let’s review the process for how a bill becomes a bill.

Don’t hit play on your Schoolhouse Rock music just yet. There are some key dates for the 2025 Texas Session to mention first.

2025 Texas Legislative Session Key Dates

Monday, November 11, 2024 – First day legislators may file bills for 89th Texas Legislative Session

Tuesday, January 14, 2025 – 89th Texas Legislature convenes at noon

Friday, March 14, 2025 – 60-day bill filing deadline

Monday, June 2, 2025 – Sine die. Last day of regular session

The Texas Legislative Process

Now that you know the dates for when the action takes place, crank up “I’m Just a Bill” and read more about how the legislative process works in Texas.

I’m just a bill
Yes I’m only a bill,
And I got as far as Capitol Hill.
Well, now I’m stuck in committee
And I’ll sit here and wait
While a few key Congressmen discuss and debate
Whether they should let me be a law.
How I hope and pray that they will,
But today I am still just a bill.
– “I’m Just a Bill” by Dave Frishberg from Schoolhouse Rock

Bill Of GIFfrom Bill GIFs

Introducing a Bill

The process begins with a legislator or legislators introducing a bill into their respective chamber. The legislator files the bill with either the chief clerk of the House or secretary of the Senate. Once this is done, the bill can be considered for debate.

In Texas, bill filing begins the Monday after election day and continues with no restrictions until 60 days into the legislative session. After the 60-day period, legislators attempting to introduce a bill must have the consent of four-fifths of their respective chamber. (Note: local bills, emergency appropriations bills and bills addressing emergency matters submitted by the Governor may still be filed.)

The Committee Process

As a biannual legislature, Texas sees thousands of bills filed during a legislative session. This makes debate by the full chamber almost impossible. Therefore, the basic business is covered by various committees in each chamber.

In the House, bills are assigned by the Speaker to committees based on subject matter. In the Senate, the Lieutenant Governor refers bills to “proper” committees. These are usually unofficial subject matter committees.

Following further rule procedures, the committees can begin meeting. Each chamber has its own set of rules for how the meetings are to be noticed and conducted. The committee may then choose to take no action on a bill, or issue a report recommending passage, amendments or substituting a new bill. This qualifies as the first reading of the bill.

Not all bills will be discussed. It is up to the committee chairman which bills come before the committee with the others being left pending in committee. Longtime followers of RMWBH’s legislative updates know this is the fate of the majority of POA related bills.

Floor Action

Floor action begins with the second reading. This is the first time the bill is up for debate and amendment by the entire membership. The bill may be amended on the second reading by a simple majority vote. A separate vote is taken on each amendment. A vote is held to pass the bill onto the third reading.

On the third reading, the vote for final passage is held. Any amendment at this stage must pass with a two-thirds majority vote. The Texas Constitution requires a bill to be read on three separate legislative days, but there are rules to speed up the process.

Upon passage after the third reading, the bill moves across the capitol to be considered by the other chamber. This begins the process again.

Action on the Other Chamber’s Amendments and Conference Committees

There are many bills throughout the legislative session that will pass one chamber and not be considered by the other chamber, or it will run out of time to be considered. Bills that pass in the other chamber will return to the originating chamber of the legislature. If no amendment has been made, or the originating chamber concurs with the amendments, the bill is enrolled and goes to the Governor for his signature. If the originating chamber does not agree with the amendment, it may request a conference committee.

A conference committee is composed of five members from each chamber. Its sole purpose is to reconcile the differences between the two chambers. The conference committee cannot add or amend any text that is not in disagreement without a resolution. Once the conference committee makes its report, it must be approved by at least three members of the committee from each chamber. From there, the report is returned to each chamber where it can be accepted or rejected.

If accepted, the bill is enrolled and sent to the Governor. If rejected, the bill is returned to the same conference committee or a new committee. Failure by the committee to reach an agreement kills the bill.

Governor’s Action

The Governor has three options when he receives an enrolled bill:

  • Sign
  • Veto
  • Allow the bill to become law without signature

Most bills will be enrolled by the legislature in the final 10 days of the session. This gives the Governor 20 days after final adjournment to make a decision. For bills enrolled more than 10 days before the end of the session, the Governor has 10 days to act. Bills vetoed during the legislative session require a two-thirds majority vote in each chamber to overturn the veto.

The state capitol has provided helpful flow charts to help understand the legislative process. Print these out to follow along with the process during our legislative updates.

Your Role

We may not have a catchy song to explain the legislative process, but it is important everyone in the POA industry understands how a bill becomes a bill.

Throughout the process you may be able to help legislation by writing to your Representative or Senator, attending a committee meeting, or joining Community Associations Institute’s Texas Legislative Action Committee (TLAC) for Rally Day. Your voice and shared experiences within the POA industry can help legislators better understand the impacts the decisions they make have on all Texans.

Clint Brown, legislative process, legislative updates, Texas Legislature
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Clint Brown

Clint Brown is an Equity Shareholder and joined the firm’s real estate section in 2012. He currently leads the firm's property owners association division with Marc Markel. Mr. Brown represents community associations, developers, developer-controlled associations, and commercial associations throughout Texas and his practice area focuses on bankruptcy law, corporate law and all aspects of community association law.

More posts by Clint Brown

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