And they’re off …
The 89th regular session of the Texas Legislature convened yesterday in Austin. It is TLR’s sixteenth Legislative session!
Each session presents TLR with an opportunity to work to increase economic opportunity and prosperity for all Texans. And so, over the next 140 days, we will work with Gov. Greg Abbott, Lt. Gov. Dan Patrick and newly elected House Speaker Dustin Burrows on our priority bills, including ones that will limit the ability of lawyers to pursue abusive lawsuit and courtroom tactics in order to make our courts fairer and outcomes more predictable. Together, we can continue to strengthen our economy and ensure Texas remains the best place in the world to do business.
Here’s our report about Day 1 of the 89th Legislative session.
A pretty typical start
As we all know, the Lieutenant Governor presides over the Senate. Why? Because Article IV, section 16 of the Texas Constitution provides “[t]he lieutenant-governor shall by virtue of his office be president of the senate, and shall have, when in committee of the whole, a right to debate and vote on all questions; and when the senate is equally divided to give the casting vote.” Dan Patrick was first elected to be Lt. Governor in 2014 and has served in that role since taking the oath of office in January 2015.
And so, with family members on the floor of the Senate, the oath of was administered to the Senators … and that body is ready for work.
The House is different. Article III, section 9, of the Constitution provides that “[t]he House of Representatives shall, when it first assembles, organize temporarily, and thereupon proceed to the election of a speaker from its own members ….” This provision has not changed in 149 years.
Consequently, one of the first orders of business for the House is to elect a speaker. This session, three House members were nominated: Ana-Maria Ramos, (D—Dallas), David Cook (R—Fort Worth) and Dustin Burrows (R—Lubbock). After a series of nominating and seconding speeches and two rounds of balloting, Dustin Burrows was elected Speaker of the House.
Speaker Burrows will need a few weeks to get the House organized and ready to work … but he has some time, because most bills cannot be considered until after the first 30 days of the session. Article III, section 5, of the Texas Constitution provides:
When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.
Now … a little history
Texas declared independence in 1836 and joined the U.S. in 1845. If a new legislature is formed after each November general election and each new legislature thereafter meets for a regular session, shouldn’t they be convening the 91st regular session this week? Good question!
The first regular session of the Legislature convened on February 16, 1846. The session lasted three months. The second regular session convened in December 1847. The next eight convened in early November of each odd-numbered year. And so, the Legislature had found its groove. For eight sessions, up until 1863, it met in November of every odd-numbered year in regular session.
But Reconstruction interrupted the schedule. The war ended in 1865, a year in which the Legislature did not meet. It met in 1866, but not again until February of 1870.
Somehow, even though the Legislature was not meeting (we’ll explore this topic another day), Texas voters approved a new constitution in 1869. That constitution provided “the sessions of the Legislature shall be annual, at such times as shall be prescribed by law.” A provisional session was held in February 1970, and the Legislature met in regular sessions in 1871 and every year from 1873 to 1876.
The voters approved another new constitution in 1876, providing that “[t]he Legislature shall meet every two years, at such time as may be provided by law, and at other times when convened by the governor.” Art. III, § 5.
Then there was another break, with the Legislature skipping 1877 and 1878.
Finally, the Legislature’s schedule solidified in 1879. The 16th Legislature convened its regular session on January 14, 1879. Since then, it has convened a regular session on the second Tuesday of January of every odd-numbered year. And, after the voters approved a constitution amendment in 1960, the regular sessions have been 140 days long, beginning with the 57th Legislature in 1961.
And so here we go. For 139 more days, until June 1, 2025, the Texas Legislature will be doing the State’s business!
