How a Bill Becomes a Law in Texas 

Understanding how a bill becomes law in Texas requires knowledge of the legislative process shaped by the Texas Constitution, statutes, and procedural rules of its House of Representatives and Senate². The Texas Legislature, a bicameral body comprising a 150-member House and a 31-member Senate, plays a crucial role in this complex journey from draft to legislation¹⁴. 

In Texas, the introduction of a bill, its review and refinement by committees, followed by floor action, represents the pivotal stages before reaching the governor’s desk for a final decision⁴.  As we explore how a bill becomes a law, we will  navigates through each step-in detail, shedding light on the critical roles of the House, Senate, committee deliberations, and the governor’s power to veto or enact a bill into law⁴. 

The Genesis of Legislation 

The genesis of legislation in Texas involves a structured and comprehensive process, beginning with the idea and moving through drafting, introduction, and filing stages: 

1. Idea and Drafting 

• Initially, a bill may be introduced by any member of the Texas House or Senate within the first 60 days of a regular session¹. While only legislators can introduce bills, the conception of a bill can stem from various sources including constituents, interest groups, or interim committee studies⁶. 
• The drafting process is meticulous, often involving the Texas Legislative Council, which provides professional assistance to ensure the bill’s legal and procedural accuracy¹. 

2. Introduction and Filing 

• Once drafted, the bill is formally introduced in the legislator’s chamber, known as the originating chamber, and is read aloud during the first reading⁶. This step is crucial as it marks the bill’s official entry into the legislative process. 
• To proceed, the legislator must file the bill with the chief clerk of the House or the secretary of the Senate. This filing initiates the bill’s journey through the legislative system and is subject to a deadline; unrestricted filing is allowed only through the first 60 calendar days of the session². 

3. Committee Assignment 

• After filing, the bill is assigned to a relevant committee based on its subject matter. This assignment is determined by the speaker in the House and follows unofficial subject matter jurisdictions in the Senate². 
• The committee plays a pivotal role, as it conducts a detailed review of the bill, including the preparation of fiscal notes and bill analyses required for further consideration². These documents provide essential insights into the bill’s potential financial impact and its implications, accompanying the bill throughout its legislative journey². 

This structured approach ensures that each bill is thoroughly considered and evaluated, reflecting the intricate checks and balances inherent in Texas’s legislative process. 

Committee Review and Recommendations 

Once a bill is introduced in Texas, its next critical phase is the committee review, where its fate is significantly shaped. This process can be broken down into several key steps: 

• Initial Committee Assessment: 
• Upon referral, the committee chair determines the necessity of a fiscal note or impact statement for the bill ². 
• The chair may decide to take no action, effectively stalling the bill ².  Alternatively, the chair may set the bill for public hearing where the public can offer testimony. 

• Committee Deliberations and Recommendations: 
• If favorable, the committee’s report may suggest the bill’s passage as is, propose amendments, or recommend a substitute bill ². 
• Bills that receive a favorable report are then sent to the Calendars Committee in the House or listed on the Senate’s regular order of business, moving them closer to floor action ². 
• In the House, the Calendars Committee considers the bills that have been refereed and whether they should be set for consideration by the full chamber.  The Senate operates more informally with each senator soliciting support for their legislation, and once they are confident of support, notifying the lieutenant governor as presiding officer of the Senate. 
• This committee stage is pivotal, as it not only scrutinizes the bill’s details but also serves as a gatekeeper, determining whether the bill progresses or is “pigeonholed” and effectively dies in the process ⁸. 

Floor Action and Passage 

In the complex journey of a bill becoming law in Texas, the floor action and passage stage is pivotal. This phase ensures that every bill is potentially debated and amended, reflecting the democratic spirit of the legislative process. 

• House Consideration: 

1. Second Reading: The bill is debated, and members may propose amendments ¹. 

2. Third Reading: The bill undergoes a final debate and vote for passage ¹.  Amendments are possible but with a higher threshold vote. 

• Senate Process: 

0. Under current practice, a bill can only be considered on the Senate floor with a written notice of intent by the senate sponsor to suspend regular business ¹. This procedural step underscores the Senate’s structured approach to legislative deliberation. 

• Resolving Chamber Differences: 

0. Amendments and Reconciliation: If passed in the opposite house with amendments, the bill returns to the originating chamber. Here, it can either accept the amendments or request a conference committee to reconcile differences ¹⁶. 

1. Conference Committee: Comprising five members from each chamber, this committee aims to resolve any disparities between the House and Senate versions of the bill ⁶. 

• Final Steps: 
• Passage and Governor’s Review: After both chambers approve, the bill is sent to the governor. This step marks the culmination of a bill’s legislative journey, awaiting the governor’s signature or veto ¹². 

This detailed process, from floor deliberation to potential gubernatorial approval, underscores the comprehensive scrutiny each bill undergoes, ensuring that only well-considered legislation is enacted. 

Governor’s Desk to Law 

Upon reaching the governor’s desk, a bill in Texas faces its final hurdle before becoming law. The process at this stage involves several critical decisions and timelines: 

• Governor’s Actions: 

1. Signature: The governor can sign the bill, officially making it law ¹². 

2. Veto: The governor may veto the bill, rejecting it. If the legislature is still in session when the bill was passed, it requires a two-thirds majority in each house to override this veto ⁶². 

3. No Action: If the governor neither signs nor vetoes the bill, it automatically becomes law ². 

• Effective Date: 

0. Standard Timeline: By default, a bill becomes effective on the 91st day after the session’s adjournment unless it specifies otherwise ⁴². 

1. Immediate Effect: Some bills may specify an immediate effective date or another specific date, often aligning with the state’s fiscal year beginning on September 1 ⁶. 

• Enrollment and Submission: 

0. Before reaching the governor, the bill is enrolled and signed by the presiding officers of both chambers in their respective members’ presence. This formalizes the bill’s passage through the legislature and precedes its submission to the governor ⁵. 

This structured approach ensures a clear pathway for bills from the legislature to the governor’s desk, outlining the governor’s options and the bill’s potential journey into law. 

Conclusion 

 In our analysis, we’ve explored the journey of a bill becoming law in Texas, shedding light on its essential stages from inception to the governor’s desk. It underscores the critical need for a deep understanding of the legislative process. 

At GovExperts, we’re happy to talk about your public policy objectives and how you can successfully navigate the Texas legislative process. 

1. References 

[1] – https://house.texas.gov/about-us/bill/ [2] – https://tlc.texas.gov/docs/legref/legislativeprocess.pdf [3] – https://www.congress.gov/legislative-process [4] – https://www.texastribune.org/2023/01/10/texas-legislature-2023-bills-laws-governor-speaker-lieutenant-governor/ [5] – https://courses.lumenlearning.com/austincc-texasgovernment/chapter/how-a-bill-becomes-law-in-texas/ [6] – https://socialsci.libretexts.org/Bookshelves/Political_Science_and_Civics/Texas_Government_(Teas_Jefferies_Shomaker_Watson_and_Gilmour)/07%3A_The_Texas_Legislature/7.05%3A_How_a_Bill_Becomes_a_Law_in_Texas [7] – https://afj.org/resource/how-a-bill-becomes-a-law-in-texas/tx-how-a-bill-becomes-a-law/ [8] – https://thsc.org/passing-bill/ [9] – https://texas2036.org/posts/texas-legislature-101-how-bills-become-laws/