Texas Legislature

Overview

The Texas Legislature is the law-making organ of state government in Texas. It consists of two parts, or chambers: a 31-member Senate and a 150-member House of Representatives.

The Texas Legislature passes new laws and revises existing ones, sets tax rates, controls the state budget, and provides limited oversight of local governments and the other branches of government. Together with the judiciary and executive branch, the legislature is one of three co-equal branches of state government.

The legislature meets at the Capitol building in Austin.

For a bill to become a law in Texas, it must be approved by a majority of members in each chamber of the legislature. It is then sent to the governor, who may sign it, veto it, or allow it to become law without a signature.

In addition to lawmaking, the Texas Legislature has the power to propose constitutional amendments, impeach officials for misconduct or corruption, appoint certain members of state boards and commissions, redraw congressional and legislative maps every ten years (redistricting), and establish the boundaries of district courts.

Relationship between Chambers

The two chambers of the Texas Legislature function independently and set their own rules of procedure.

The Senate is called the ‘upper’ chamber of the legislature, because it has fewer members than the House—hence each senator individually is more powerful than each representative. Additionally, the Senate has powers not granted to the House, including approving or rejecting appointments made by the governor.

However, in many respects the two chambers are co-equal in power. Formally, there is no hierarchical relationship between them.

Elections and Term of Office

Members of the Texas Legislature are elected from geographic districts.

• House members serve 2-year terms.
• Senate members serve 4-year terms, except at the beginning and end of the 10-year redistricting cycle, when some members serve 2-year terms. The Senate has a lottery system to determine which senators serve for how long.

Neither the House of Representatives nor the Senate has term limits.

Elections for the Texas Legislature are held in November of even-numbered years (2024, 2026, 2028, etc). Primary elections are held beforehand, typically in March, about eight months before the general election.

Qualifications for Office

The Texas Constitution sets the qualifications for election to the legislature:

• a senator must be at least 26 years of age, a Texas resident for 5 years prior to election, and a resident of the district from which elected for one year.
• a representative must be at least 21 years of age, a Texas resident for 2 years, and a resident of the district from which elected for one year.

Balance of Power between Parties

Republicans hold a 88-62 majority over Democrats in the 150-member Texas House of Representatives and a 20-11 majority in the 31-member Texas Senate (2025-2026). There are no independent or third-party members.

Because the Texas Legislature is dominated by Republicans, policymaking decisions often come down to ideological or factional differences within the Republican Caucus, with Democrats sometimes playing a decisive tie-breaking role. For example, substantial differences have emerged within the Republican Caucus in recent years over school vouchers, banning ‘taxpayer-funded lobbying’ (the practice of political subdivisions of hiring lobbyists), criminal justice reforms, and public school funding, among other issues.

Many bills in the Texas Legislature are passed or rejected in party-line votes. However, other bills attract bipartisan support. The most prolific author of Texas laws is Judith Zaffirini, a veteran Democrat Senator from Laredo.

Historically, a notable difference between the Texas Legislature and the U.S. Congress is that the majority party has not controlled all the committee chairmanships. Instead, these were traditionally apportioned in a bipartisan way, particularly in the lower chamber. In the House, Speaker Dade Phelan in 2021 appointed 21 Republicans chairs and 13 Democrats. In the Senate, Democrats led two of 15 standing committees in 2021. However, the bipartisan tradition ended in 2025, after the GOP Caucus demanded an end to Democratic chairmanships. Even so, Speaker Dustin Burrows appointed Democrats as vice chairs of all 30 standing committees, and as chairs of 6 of 12 new subcommittees.

Structure and Leadership

Each chamber of the Texas Legislature has a presiding officer who maintains order, recognizes members to speak during debate, and makes rulings on procedural matters.

The presiding officer in the Texas House is the the Speaker of the House, who is elected by the House members at the start of each regular legislative session. In the Senate, the presiding officer is the Lieutenant Governor, who is elected directly by the voters.

The Speaker and the Lieutenant Governor appoint committee chairpersons and make committee assignments in their respective chambers. The chairs of committees preside over committee meetings where lawmakers study, discuss, and hear testimony about proposed laws.

Regular and Special Sessions

The Texas Legislature is a part-time legislative body whose members generally have other occupations and who reside in their home districts, not in Austin. They meet only once every two years for a period of 140 days. This is called a regular session and it takes place from January through May of odd-numbered years.

Apart from that, the legislature cannot meet unless the governor calls a special session, which lasts for a period of 30 days. During the special session the legislature may consider only the agenda set by the governor in his “call,” which is the proclamation convening the session.

The period between regular sessions is called “the interim.” During this time, Texas lawmakers return to their occupations, campaign for reelection, and prepare for the next session.

This schedule is a legacy of Texas’ 19th century history, when it was much harder for people to traverse the state, including lawmakers trying to make it to the Capitol for legislative sessions. So they enshrined biennial meetings into the state constitution.

In the 20th century, however, several mechanisms evolved to bridge the gap between regular sessions. First, a permanent standing committee of the legislature, the Legislative Budget Board, was given legal powers to make adjustments to the budget during the interim.

Second, legislative leaders began tasking individual legislative committees with “interim assignments” to address particular issues, including studying prospective legislation and providing oversight of government agencies. Although the legislature as a whole is constitutional prohibited from convening, individual legislative committees may still hold interim hearings and meetings.

Third, the creation of the Sunset Advisory Commission in 1977 formalized an interim review process for state agencies, enhancing the legislature’s powers of oversight.

Fourth, the delegation of rulemaking authority to certain state agencies has allowed for the creation of a body of administrative law, codified in the Texas Administrative Code, which allows for regulations on particular matters to be passed during the interim. Often, the legislature will pass a law outlining the general framework for a particular area of regulation or standards, while leaving it to a state agency to work out the fine details.

Today, some lawmakers support the biennial schedule, arguing that a “citizen legislature” composed of part-time representatives — rather than full-time professional politicians — best represents the interests of the people. Others disagree, advocating for more frequent meetings to ensure that all the business of the state can properly be addressed.

Member Demographics

Racial/Ethnic Diversity

As of 2023, there were 88 White, 37 Hispanic, 17 Black, and 4 Asian members of the Texas House. There were 22 White, 7 Hispanic, and 2 Black members of the Texas Senate.

Gender Diversity

Gender	House	Senate	Total
Male	97	23	120
Female	53	8	61

Freshman vs Incumbents

Incumbency	House	Senate	Total
Incumbents	118	28	146
Freshmen	53	8	34

Age of Members

Years	House	Senate	Total
Under 30	1	0	1
30 – 39	14	1	15
40 – 49	48	3	51
50 – 59	37	9	46
60 – 69	29	12	41
70 and over	20	6	26
No response	1	0	1

Legislative Process in Texas

Any senator or representative may propose a new law in the chamber in which they serve. The proposed law, which is called a bill, may be written by the member himself or by an outside interest group or expert. Often, Texas legislators draft their bills with assistance from lawyers at the Texas Legislative Council, a legislative agency with expertise in bill drafting.

For the bill to become a law, it must go through several steps:

1. Introduction (filing)
2. Referral to a committee
3. Consideration and approval by a committee
4. Placement on a calendar for floor consideration
5. Second reading
6. Third reading
7. Referral to the other chamber
8. Committee action and floor action in the other chamber
9. Reconciliation of bill versions between the two chambers
10. Enrollment
11. Sent to the governor

A bill becomes a law in Texas whether or not the governor signs it, unless he vetoes it. This differs from the U.S. federal system in which a bill must be signed by the president to become law. However, if the governor vetoes the bill, then it does not become law, unless the legislature votes by a two-thirds majority to override the veto.

Citizen Participation at Legislature

The Texas legislative process is designed to be accessible to the public, allowing citizens to play an active role in shaping laws and policies. There are several ways in which individuals can engage with the legislative process, from testifying at hearings to directly contacting their legislators.

• Testifying at Legislative Hearings: Citizens can testify during committee hearings, where proposed bills are discussed in detail. Anyone can register to speak on a bill, whether in support, opposition, or as a neutral party. Individuals interested in testifying must sign up in advance, either online or in person at the Capitol. Testimony can be provided in writing or verbally, with each speaker typically allowed a few minutes to present their views. Testifying gives citizens an opportunity to directly influence lawmakers’ decisions by providing expert opinions, personal stories, or research.
• Contacting Legislators: One of the most direct ways for citizens to influence policy is by contacting their elected officials. Texas residents can contact their representatives and senators via phone, email, or mail. Legislators’ contact information is publicly available, and they encourage their constituents to reach out with concerns, suggestions, or support for specific bills. Lawmakers often consider the views and opinions of their constituents when making legislative decisions. Citizens can also meet with their legislators during district office hours or schedule meetings at the Texas Capitol.
• Advocacy Groups and Lobbying: Many advocacy groups and nonprofit organizations work to represent the interests of specific communities, industries, or causes. These groups often provide resources for public participation and help mobilize constituents to contact legislators or testify at hearings. Lobbyists—individuals hired to influence lawmakers—also play a key role in shaping policy. While lobbyists are often associated with larger corporations or industries, others are working on behalf of particular political or ideological causes, nonprofit groups, or local governments.
• Public Demonstrations and Campaigns: In addition to direct interaction with lawmakers, public demonstrations, petitions, and social media campaigns can raise awareness about issues and galvanize public opinion. These efforts often pressure legislators to take action on key issues, especially when they gain widespread support or media attention.

By participating in these ways, Texas citizens can ensure that their voices are heard and have the opportunity to influence the policies and laws that affect their lives. The Legislature’s openness to public participation is one of the cornerstones of Texas’ democratic system.

Salaries of Texas Legislators

Texas legislators make a salary of $600 per month, or $7,200 per year. Additionally, the lawmakers receive a per diem of $221 for each day of session, regardless of whether or not they actually attended that day of the session. That adds up to $45,340 for a two-year term in which there is only one a regular session (140 days) and no special sessions.

The legislators may also use donated political contributions to pay “reasonable household expenses in Austin,” if they do not ordinarily reside in Austin, according to an advisory opinion by the Texas Ethics Commission.

Texas state legislators are eligible to receive a pension after eight years, starting at age 60.

The base salary of Texas legislators has not increased since 1975 (though the per diem has increased). In 1973, voters rejected a constitutional amendment to increase the salary from $4,800 to $15,000 per year, after which lawmakers settled for less than half that amount, asking voters in 1975 for a salary of $7,200, which they approved.

The salary has stayed at that level ever since, despite the change in the value of the dollar. In 1991, a constitutional amendment created the Texas Ethics Commission, which has the power to increase the per diem of legislators, which it has done several times. It can also recommend to voters a new salary level for legislators, but it has never done so.

Legislative Offices and Staff

Legislators have offices in the Capitol Complex for the duration of their term. Most offices are located in the underground Capitol Extension, which is beneath the north lawn. Senior lawmakers have their offices in the Capitol itself.

Each legislator typically hires several staffers who work for that member alone, assisting the member in the performance of his or her duties. Staffers handle communications with constituents and stakeholders, help draft legislation, and give political advice.

Common titles for legislative staff include chief of staff, legislative director, general counsel, policy aide, and district director.

Legislators who are committee chairpersons also supervise one or more committee aides who organize committee meetings, and who work for the committee as a whole.

Additionally, the House and Senate each employ staff in a variety of departments that serve the institution as a whole, including House Administration, the Senate Secretary’s Office, the House Research Organization, the Senate Research Center, Publications/Printing, Personnel, Video/Audio Services, and the Journal Clerk.

Legislative Agencies

The Texas Legislature oversees five external support agencies that are part of the legislative branch of government:

• Legislative Budget Board: The Legislative Budget Board prepares budget recommendations for the Texas Legislature and conducts fiscal analyses of proposed legislation.
• State Auditor: The State Auditor’s Office provides independent audits and investigations of state agencies to ensure accountability and efficiency in government spending.
• Legislative Council: The Texas Legislative Council provide legal services to legislators, including helping them draft bills, to support the lawmaking process.
• Legislative Reference Library: The Legislative Reference Library maintains legislative records, historical documents, and research materials to assist lawmakers and the public.
• Sunset Advisory Commission: The Sunset Advisory Commission evaluates state agencies to determine whether they should be continued, modified, or abolished based on their effectiveness.

Administratively, these legislative agencies are separate from the legislature itself but their boards consist entirely of designated members of the House and Senate.

Limits on Legislative Power

While the Texas Legislature has wide-ranging powers and is sometimes described as the most powerful branch of Texas government, it operates within a framework of checks and balances designed to prevent any single branch or office of government from exercising unchecked authority. The following mechanisms serve to limit legislative power:

Executive Veto: The Governor holds the authority to veto legislation passed by the Legislature, effectively preventing a bill from becoming law unless the veto is overridden by a two-thirds majority in both legislative chambers.

Judicial Review: The judiciary has the power to review laws enacted by the Legislature to ensure their compliance with the Texas Constitution. If a law is found unconstitutional, the courts can invalidate it, thereby checking legislative authority.

Constitutional Constraints: The Texas Constitution explicitly delineates the powers of the Legislature, outlining both the scope of its authority and specific limitations. For instance, Article 3 imposes restrictions on state debt and mandates a balanced budget, thereby constraining legislative fiscal actions.

Elections and Public Accountability: Members of the Texas Legislature are elected by the public, with Representatives serving two-year terms and Senators serving four-year terms. Regular elections ensure that legislators remain accountable to their constituents, providing a democratic check on legislative power.

Federal Civil Rights Protections: The Texas Legislature must also operate within the framework of the U.S. Constitution and federal law, including civil rights protections enshrined in the various amendments of the Bill of Rights. The U.S. Supreme Court has the authority to review state laws and strike them down if they violate federal civil rights, such as those guaranteeing equal protection, voting rights, and freedom from discrimination. This ensures that state legislation does not infringe upon fundamental rights protected under federal law.

Time-Limited Sessions: The Texas Legislature operates under strict time constraints that limit its ability to pass laws. Regular legislative sessions occur only once every two years and last for a maximum of 140 days. Because of this limited timeframe, lawmakers must prioritize key legislation, and many bills fail to pass simply due to time running out. Outside of these regular sessions, the Legislature can only meet if the Governor calls a special session, which lasts no more than 30 days and is restricted to topics set by the Governor. These time limits make the Texas Legislature one of the least frequently convened lawmaking bodies in the United States, often leading to a rush of legislative activity in the final weeks of a session.

These mechanisms collectively ensure that the Texas Legislature functions within a system of governance that promotes accountability, prevents overreach, and maintains a balance of power among the state’s governmental branches.

Additional Resources

Student’s Guide (Video)

Book Ideas

Official Websites

Texas Legislature Online (bill search, journals, and vote records)

Texas Constitution and Statutes (codified laws of Texas)

Texas Senate (news, information, and video archives)

List of all Texas Senators (with portraits and links to member pages)

Texas House of Representatives (news, information, and video archives)

List of all state representatives (with portraits and links to member pages)