Other Questions To Ask Before Seeking Legislation

A constitutional amendment raising the homestead exemption from $25,000 to $40,000 may hold the record for the fastest legislation ever passed by the Texas Legislature.

SJR 2 by Sen. Paul Bettencourt was filed on October 18, 2021, during the 3rd special session of the 87th Legislature. Introduced a little after 6:00 p.m., the bill quickly progressed through various stages of the legislative process, including a Finance Committee meeting, a Senate floor vote, a hearing in Ways and Means, and final approval from the House, all within about 4 ½ hours. Subsequently, the amendment garnered significant backing, with 84.95% of Texas voters endorsing it in May 2022.

There were several reasons why SJR 2 passed so quickly. The amendment was the result of negotiations that took place before it was filed and addressed a popular, noncontroversial issue with broad political support, receiving unanimous approval in both the Senate and the House. After the 140-day regular session and two 30-day special sessions earlier in the year, lawmakers were also eager to conclude the special session and go home.

About four out of five bills that get filed don’t even make it to the governor’s desk and those that do often require the entire session to navigate through the process. For example, during the 2023 session, HB 23 by Rep. Brooks Landgraf, which addressed the regulation of oil and gas operations, was introduced on November 14, 2022 (the first day of pre-filing) and passed the Legislature on May 27, 2023—two days before the session ended.

Given that the Texas Legislature meets every other year, if you’re not successful it could be a long time before you get another bite at the apple.

Strategies for Improving Legislative Success

Knowing how challenging it can be to pass legislation, what steps can be taken to improve the odds of success?

Beyond answering the fundamental question “Why is this law needed?”, here are some other factors to consider before pursuing affirmative legislation:

1. Are There Other Options? Beyond passing a new law, are other ways to achieve the same goal? Is this issue that can be addressed through agency rulemaking or a local ordinance? Could the same outcome be achieved through education campaigns or voluntary compliance? Exploring these options may reveal more efficient or expedient ways to address the issue.

2. What Are the Costs? Will the proposed law impose mandates on state or local governments? If so, where will the funding come from? Even if the bill is revenue-neutral, does it place costly requirements on businesses or individuals? In a fiscally conservative state like Texas, legislators typically oppose bills that impose new taxes or fees. Trying to secure funding through the state budget process is a totally separate challenge.

3. Who Supports or Opposes It? Do you have a coalition of stakeholders ready to back the bill, or will you face strong opposition? Knowing ahead of time who you allies are and understanding the reasons behind any opposition is essential for developing strategy and deciding how to frame the issue.

4. Will It Lead to Additional Regulations? Once a bill is signed into law, will implementation involve additional steps like industry education or going through state agency rulemaking? If so, have a plan for how you're going to address those challenges and be prepared for the extra time and effort it requires. It isn't unusual for rulemaking at some agencies to take a year or longer.

Additional Considerations

These questions are just a starting point. Other factors worth considering include whether there is legislative precedent on the issue, how similar measures have fared in other states, and whether the proposed legislation could result in unintended consequences. Conducting a thorough analysis can help preempt challenges, foster more strategic advocacy, and improve the chances of getting a bill passed into law.

What other factors do you think should be taken into consideration?

Let’s continue the conversation. Reach me at David@mintzconsulting.com.