Library Guides Online

Texas Legislative History

By Monica Ortale, Faculty Services and Reference Librarian
Layout by James G. Durham, Publications and Reference Librarian

INTRODUCTION

The researcher must look at the legislature’s intent in any case involving statutory interpretation. This guide is intended to assist the researcher in identifying the items necessary to compile a comprehensive legislative history. The materials available at South Texas are identified by the call number. Those materials not available at South Texas are at the Texas State Law Library in Austin.

The Texas Legislature convenes bi-annually on the odd year and produces journals from both the House and the Senate, as well as Committee Reports, Bills, and Enactments.

Legislative Years and Sessions

The numbering of the House and Senate Bills starts over each legislative session. The bill number assigned is based on whether it is introduced in the House or the Senate. The bill number does not change during the session.

Where do you begin? Start with the statute itself. The "Historical and Statutory Notes" at the end of the statute list all amendments and cite to the session laws, e.g. Acts 1977, 65th Leg., p. 2411, ch. 571. Translated, this means look at the 1977 General and Special Laws of the State of Texas; turn to p. 2411 and you should find chapter 571.

GENERAL AND SPECIAL SESSION LAWS

Full text of all enacted bills first appear in the paper bound Vernon’s Texas Session Law Service (KFT 1230.5 .V41 A25), which is later cumulated into the bound General and Special Laws of the State of Texas (KFT 1225 .T45).

Determine the bill number by looking at the chapter and page as cited in the General and Special Laws, e.g. when you turn to chapter 571 you see it was H.B. 2455 throughout the legislative process. The bill number is the link to the bill history report, which may include references to the House and Senate Journals, full text of the bill (including the author & sponsors), committee reports, companion bills, and more.

Success in locating legislative history is determined by the date of the bill’s passage. For a history of bills passed prior to 1973, call the Texas Legislative Reference Library at 512.463.1252. After 1987, the bill history may be obtained from the Texas Legislative Reference Library (toll-free during an on-going legislative session at 800.253.9693). Bill histories from 1973-1987 also are available through the Dallas Public Library at 214.670.1468 and Houston Public Library, Texas Room, at 713.236.1313. Research after 1995 is simplified by visiting the Internet at http://www.capitol.state.tx.us/.

The ability to find additional information is linked to the bill number as follows:

ORIGINAL BILL TITLES

This file includes the original printing of each bill, including original signatures and markings. Pre-1973 bills are at the Texas State Library, Archives Division, at 512.463.5480. Bills since 1973 are at the Texas Legislative Reference Library. Bills from 1973-1987 are available on microfilm at both the Dallas Public Library and the Houston Public Library.

Bills since 1995 are available on the Internet at http://www.capitol.state.tx.us/. All the versions of the bill are included, from the introduced to the engrossed (e.g., the version that passed the House and went to the Senate or vice versa), to the enrolled (the version that goes to the Governor for signing.).

HOUSE AND SENATE JOURNALS

The House (KFT 1218 .H4) and Senate (KFT 1218 .T4) Journals list the daily activity in the Legislature. The basic history of every bill and resolution is listed by bill number in the journal index but is limited to action which takes place on the floor. Dates of committee hearings and actions by the Governor are excluded.

COMMITTEE ANALYSIS AND CALENDAR

Since 1995, this information has been located on the Internet at http://www.capitol.state.tx.us/. If an analysis or fiscal note was produced in conjunction with a bill, it is available full text. The full history of a bill will reveal where a bill was on any given day. If the words "testimony" or "public hearing" appear, then the researcher can be sure that a recording was made of the Committee session.

TESTIMONY AND DEBATE

Since 1973, testimony at public hearings and debate on the floor of each house has been recorded. To obtain a copy of the House Tapes, contact the House Committee Services at 512.463.0920. All requests must be in writing and paid in advance. For Senate Tapes since 1993, contact the Senate Staff Services at 512.463.0430. Senate Tapes 1973-1991 are at the Texas State Library, Archives Division, at 512.463.5455.

ATTORNEY GENERAL'S OPINIONS

Legislative committees may request an opinion from the Attorney General concerning pending legislation.

THE GOVERNOR

If a bill is vetoed during a legislative session, the veto message is printed in the House and Senate Journals. Vetoes after adjournment are located in the original bill file, or after 1979, in Veto Messages, a Texas Legislative Council publication. Only the Governor can call a special session, when the legislature is permitted to pass laws on subjects submitted by the Governor.

COMPILED LEGISLATIVE HISTORIES

Helen Burwell, Texas Tort Reform: Legislative History, 1987. (Austin: Tex.: Butterworth Legal Publishers, 1987). KFT 1395 .B87 1988

Greg Enos and Lawrence Heim, The Complete Legislative History of the Texas Commission on Human Rights: A Special Report From the Office of Representative Lloyd Criss (Austin, Tex.: House of Representatives, 1983). KFT 1215 .A4 E7 1983 (Reserve)

RECOMMENDED READING

Malinda Allison and James Hambleton, Research in Texas Legislative History, 47 Tex. B.J. 314 (1984).

Lydia Brandt, Texas Legal Research: An Essential Lawyering Skill. (Dallas, Tex.: Texas Lawyer Press, 1995). KFT 1275 .B72 1995

Guide to Legislative Information (Austin, Tex.: Texas Legislative Council, 1992). Ref KFT 1275 .G85 1992

A Reference Guide to Texas Law and Legal History: Sources and Documentation. 2nd ed. (Austin, Tex.: Butterworth Legal Publishers, 1987). KFT 1275 .R44 1987

Texas Legislative Manual: A Guide to the Texas Legislative Process, 1993-. (Austin, Tex.: Texas State Directory Press, 1993-). Ref JK 4830 .A262