House Administration Meets to Hear Rule Change Proposals

On Tuesday, December 6, the House Administration Committee heard testimony regarding proposed changes to the House Rules and the Housekeeping Resolution, both of which are adopted on the first day of each legislative session. This was interesting for a few reasons. First, the witnesses were all members of the Texas House. Second, this drew out, well ahead of opening day, the folks who hope to make changes to House procedure in the 88th. Not to mention, as instructed in the committee posting, required those hopefuls to lay out exactly what they seek to change. Finally, this process seems to be without precedent.

Background

Article 3, Section 11 of the Texas Constitution allows each chamber of the Legislature to "determine the rules of its own proceedings, punish members for disorderly conduct, and, with the consent of two-thirds, expel a member." Sadly, for those who enjoy a good show, the latter two rarely occur. Though there are a few requirements housed in the Constitution (bills must be read on three several days, they must only contain one subject, and they can not have their original purpose changed through the legislative process), the House and Senate have broad latitude to manage their own operations.

The House traditionally approves both their governing rules and the housekeeping resolution on the first day of session. Until the new rules are adopted, the rules from the previous session govern operations. Typically, an author chosen by the Speaker offers a few more technical changes to the rules, and then it is open to all members to offer amendments. Last session, only the amendment offered by the rules author was successfully adopted. Many of these rules have existed, in one form or another, for over a century. So, status quo tends to prevail.

The main difference between this session and last is that the initial conversations regarding rule changes were posted for hearing. In previous sessions, the Speaker's chosen author would hold work groups to discuss these items outside of public meetings. This had the benefit of potentially keeping the more divisive conversations under control and allow House leadership to potentially head off issues by working with dissenters before discussions hit the floor. Granted that never stopped a determined amendment author!

What Was Discussed

A number of proposals were floated during the meeting, many of which are perennial favorites. For example, the committee discussed whether members of the minority party should hold chairmanships. Unlike DC, Texas has historically named chairs from both parties.

Another concept raised was the ability for members to compel a bill to be taken from committee and debated by the full house if it has sufficient support to pass. This would reduce the power of the Speaker and committee chairs to control the flow of legislation.

A biennially recurring topic is how to allow members to cure any procedural problems with a bill before they become a fatal error on the floor. If they could fix the problem early enough then it would provide the bill a greater chance to pass.

Finally, the main topic of discussion during the housekeeping resolution was the members' office budgets. They haven't been raised in over a decade, which means many House salaries have not kept pace with inflation. This often leads more experienced and desirable staff to seek employment elsewhere.

Why This Matters

The rules of procedure are critical for a predictable, manageable, and fair process. Without them, a chamber of 150 unique minds would not accomplish very much. It also helps ensure that public input is taken into account and changes to law receive thorough scrutiny. Further, to quote Speaker Phelan, "[the] legislative system is a direct result of the choices made by Members in adopting the House Rules—choices that balance the right of the majority to express its will and the right of the minority to be heard."

The stakes are high, and penalties severe, if the members don't properly follow the requirements of formal procedure. Violations of the rules, and the points of order that follow, are weapons used against the progress of legislation. They can stop even the most popular bill in its tracks. As Congressman John Dingell supposedly once said, “I'll let you write the substance...you let me write the procedure, and I'll screw you every time.”