Tuesday, May 4, 2010

Changing my name to “LAW”





You would think changing a name would be a simple process! Well it probably is easy, if you are changing your name from “Bill” to lets say Supercalifragilisticexpialidocious. Although try getting a name to change from [a] Bill to [a] Law, it’s not such a simple task. When I asked how to get a bill changed to a law, a Professor told me, “Contact my Representative” he (the professor) stressed this to me three different times. I was confused at first, then the professor kindly emailed me the steps it takes for a bill to become a Law, and I now fully understand why. There are multiple steps (26) that are taken by the members of our Legislature to get a bill changed into a law. (STEP 1) Finding someone to speak for you: If you are a Constituent you must get a Representative, and only a Representative if you wish to introduce a bill that involves taxes or spending of the state’s money, otherwise you can use your senator to introduce your idea on the floor of the Senate. The next 24 steps are taken by the Legislatures’ themselves. (STEP 2) The Draft: The person, who has accepted this task, now needs to draft your idea or trash it. At this point it’s not even considered a bill. (STEP 3) Legal Help: Your person of choice will get legal council to help draft your idea into a bill. (If you are successful at getting someone to draft your idea, you have made it over the first hurdle, congratulations!) (STEP 4) The introduction and first reading: The bill must be introduce in the first 60 calendar days of the Legislative Session. Otherwise any time after that it takes a huge majority (four-fifths) of the members present and voting to get the bill introduced. The only exception in getting it introduced later is if it’s a local bill or a bill related to an emergency declared by the governor. If it is introduced at this time, your bill will now be put to the floor for the first reading; a caption (a short version of the bill) is read, making everyone aware of the bill and its context. (STEP 5) The Committee: The bill will now be handed over to a Committee. It will be researched and discussed then an action will be taken. It’s at this point that public opinion could be taken into consideration. Also at this point it’s possible that no public opinion is heard, this depends upon the House/Senate itself, and the type of committee meeting it is. (STEP 6) Findings: The action taken by the Committee now is a report, consisting of recommendations, record of votes, the bill itself, detailed analysis, fiscal note and or impact statement as necessary. The report is then printed and given to every member of the house or senate. The bill will now be put on a Committee on Calendars or the Committee on Local Consent Calendars for placement on a calendar for consideration by the full house. In the senate, local and non controversial bills are scheduled for senate consideration by the Senate Administration Committee. All other bills in the senate are placed on the regular order of business for consideration by the full senate in the order in which the bills were reported from the committee. In the senate a bill on the regular order of business may not be brought up for floor consideration unless the senate sponsor has filed a written notice of the intent to suspend the regular order of business for consideration of the bill. (STEP 7) Second Reading: If you bill has made it out of the committees’ it is now time for a second reading. Caption only once again, and then debated by full membership of the chambers. Any member may offer amendments, but a majority of the members present and voting must approve. All the members now vote on passing the bill, you might think the process is over now, but not so. (STEP 8) Third reading: If the bill is passed on the second reading, it’s then considered by the full body again on a third reading, amendments may still be added at this point .Once again a vote must approve the changes. In the house the third reading is usually the next day, but in the senate it usually happens on the same day. Although according the Texas Constitution a bill is required to be read on three separate days, but as we have learned the legislatures make the rules, and the rule maybe suspended if a four-fifths vote agrees to do so. (The senate will usually suspend the rule, while in the house they generally take the full three days). (STEP 9) First Passage: If your bill has now made it (out of the House) this far congratulations, because it’s considered passed. But guess what! It has to be approved by the other side of the chamber (Senate). (STEP 10-20) Back to the Drawing Board: It will go through all the readings and changes on the other side of the building as described above. (STEP 21-22) Changes Made: Now if your bill had amendments added to it while going through the other side of the Chamber, it will be necessary for the originating chamber to agree to it or disagree with it. If in disagreement, a committee (Conference Committee) will be formed to try to settle the differences. Once the differences are settled, the bill will be put into its final form signed by the presiding officer and sent to the governor. If no settlement agreement is reached, guess what, all was done in vain and the bill now becomes trash. (STEP 23-26) Almost the Last Hurdle: The Governor can now veto the bill or sign it. If he chooses not to sign it he must veto it (he has 10 days) otherwise it will become law automatically, without his signature. If it is vetoed the house in which it originated will be given a reason. Then the Legislature (if still in session) can override it with two –thirds majority. Also if the bill is submitted to the governor within 10 days of final adjournment, the governor then has 20 days to sign, veto, or let it become law without a signature. If no veto by the governor, guess what? CONGRATULATIONS the name has changed, what was once named Bill is now a [Texas] Law.


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