This entry was posted on June 26, 2012 at 8:17 AM and has received 6551 views. Print this entry.

How will the percentage of new legislators going into the 2013 legislative session compare to previous years? We used data compiled from the library's Texas Legislators: Past and Present database to create a graphic displaying the percentage of new legislators (freshmen) in the House and Senate going back to the 38th Regular Session in 1923.

The graphic begins with the 38th Regular Session since this was the first legislature to reach 150 members in the House. The Constitution of 1876, Article 3, section 2 provided for a 31-member Senate and a 93-member House, which was to be increased incrementally to 150 members as the state population grew.

Turnover appeared to be more common during the 1920s through the 1950s, possibly due to World Wars I and II.  Factors that may have led to increases or unusually high turnover in subsequent years include:

• Redistricting, called apportionment, is accomplished by the Legislature at the first session following the federal census. The subsequent regular session may see a spike in new members as a result. See for example the percentage of new freshmen in the 78th R.S.(2003), 73rd R.S. (1993), and the 68th R.S. (1983). For additional history on reapportionment in Texas, please see Overview of Texas Redistricting, by the Texas Legislative Council.
• Texas Constitution, Art. III, §3 provides that a new Senate should be chosen after every apportionment, and the Senators elected after apportionment "draw terms," with some senators drawing two-year terms and other senators drawing four-year terms.
• Sharpstown stock fraud scandal led to the election of 73 new legislators in the 1972 election. This caused the percentage of new House members during the 63rd R.S. (1973) to jump to 46.7%. The Senate also experienced unusually high turnover that session with the percentage of new freshman increasing to 48.4% in contrast to 12.9% in the previous session.

Hover over individual bars to get the session, year, and percent of the total body in the chamber that were freshmen. We defined freshmen as new legislators sworn in during the first day or week of the regular session. Members who first served during a called session of a legislature are counted as freshmen members of that legislature. Excluded are members who were elected to a legislature but never sworn in due to death, resignation or other factors.

This entry was posted on June 20, 2012 at 8:50 AM and has received 7753 views. Print this entry.

Over the last year, the library has worked hard to scan House and Senate journals to make them available on our website. Part of this project included scanning congressional journals from the Republic of Texas. These journals date to the period between 1836 and 1845, just before Texas became a state. At that time, the Republic of Texas had formed as a separate nation after gaining independence from Mexico.

Reading through the journals of the First Congress gives you a sense of how much things have changed:

• The Congress that year consisted of 14 senators and 29 representatives, as opposed to the 150 representatives and 31 senators that make up today's state legislative body.  
• Since no capital had yet been established, the First Congress met in Columbia, TX (today's West Columbia in Brazoria County).
•  In his State of the State address, ad interim President David C. Burnet told the members of Congress, "To you is committed the beginning of legislation, and as you shall lay the foundation, so will be reared the superstructure."  He stressed the importance of adopting a plan for "permanent and certain revenue," and for building up the military organization, whose "strength has been fluctuating on account of the frequent accession and discharges of volunteers under short enlistment."   

The journals include familiar names like Sam Houston, twice President of the Republic of Texas and later Governor of the State of Texas (1859-1861), and J. Pinckney Henderson, Attorney General and Secretary of State in the early years of the Republic, and later the State of Texas' first Governor (1846-47).

Journals for all nine congresses of the Republic of Texas are available online at:  http://www.lrl.state.tx.us/collections/journals/journals.cfm#republic

The library wishes to thank the Daughters of the Republic of Texas Library, the Dolph Briscoe Center for American History (University of Texas at Austin), the Tarlton Law Library at the University of Texas at Austin School of Law, and the Texas State Library and Archives Commission for generously lending us individual congressional journals not present in our own collection.

This entry was posted on May 23, 2012 at 4:39 PM and has received 5243 views. Print this entry.

If you're following the Planned Parenthood vs. Texas case about the Women's Health Program, you may be interested in the key court documents, laws, rules and legislation listed below.

Key court documents

Planned Parenthood of Austin Family Planning, Inc., et al vs. Thomas M. Suehs, Executive Commissioner, Texas Health and Human Services Commission (1:12-CV-00322, Women's Health Program).

April 11, 2012: Original complaint (filed in the U.S. District Court for the Western District of Texas)

April 11, 2012: Plaintiffs' motion for preliminary injunction

April 30, 2012: Order granting preliminary injunction (Judge Lee Yeakel, U.S. District Judge in the U.S. District Court for the Western District of Texas)

April 30, 2012: State's motion to stay preliminary injunction (filed in the U.S. Court of Appeals for the 5th Circuit)

April 30, 2012: U.S. Court of Appeals for the 5th Circuit grants state's motion to stay preliminary injunction

May 1, 2012: Planned Parenthood files motion to lift stay of preliminary injunction

May 4, 2012: U.S. Court of Appeals for the 5th Circuit vacates  its April 30,2012 order granting stay of preliminary injunction. The case is being placed on the Court's oral argument calendar for the week of July 9, 2012.

*In an earlier, related case on March 16, 2012, Texas' attorney general sued the federal government to have federal funding restored to the Women's Health Program. See: State of Texas v. Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services; Original complaint (No. 6:12-cv-62)

Related legislation, laws and rules

SB 7, 82nd 1st Called Session (2011): Relating to the administration, quality, and efficiency of health care, health and human services, and health benefits programs in this state; creating an offense; providing penalties.

Laws and rules:

Texas Human Resources Code, Sec. 32.04 (c-1): Authority and scope of program; eligibility; demonstration project for women's health care services

Texas Administrative Code, Part 1, Women's Health Program §§ 354.1361-354.1364 (For background information, please see proposed rule text as adopted: Definition of 'affiliate,' Adopted rules, 1 TAC §§354.1361-354.1364) (Texas Register)

(Federal) 42 U.S.C. § 1396a, State plans for medical assistance, Subsection (a)(23), 'any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required,' Social Security Act § 1902(a)(23)

This entry was posted on May 9, 2012 at 8:00 AM and has received 2443 views. Print this entry.

In this weekly post, we feature online articles and policy reports published recently, and other helpful research tools.

• Read about the Stanford Education Experiment and how it may change the landscape of learning. (Wired, March 20, 2012)
• Explore how social media affects politics. (Journal of Communication, February 29, 2012)
• See state-by-state equal pay rankings. (American Association of University Women, April 10, 2012)
• Examine the Department of Defense's role in securing the southwest border. (U.S. Government Accountability Office, April 17, 2012)
• Recognize the importance of the Hispanic consumer in today's markets. (Nielsen, Quarter 2, 2012)
• Consider the extreme variance in the cost of an appendectomy. (Washington Post, April 24, 2012)

This entry was posted on April 26, 2012 at 3:15 PM and has received 891 views. Print this entry.

The U.S. Court of Appeals for the 5th Circuit ruled Tuesday, January 10, 2012 that the provisions of Texas' "abortion sonogram law" (HB 15, 82nd R.S.) are constitutional and can be enforced. The ruling overturned an August 30, 2011 U.S. District Court ruling that blocked key provisions of the new law. Below you will find the legislation and key court documents associated with the case.HB 15, 82nd Regular Session: Relating to informed consent to an abortion.

June 13, 2011: Class action complaint:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Class action complaint (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

June 30, 2011: Plaintiff's motion for injunction:
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey, Commissioner of Texas Department of State Health Services, et al.; Plaintiff's motion for preliminary injunction (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

August 30, 2011: Court ruling (Judge Sam Sparks, U.S. District Court):
Texas Medical Providers Performing Abortion Services, et al. v. David Lakey (Commissioner of Texas Department of State Health Services), et al.; Order and Notice of Appeal by Attorney General (No. 1:11-cv-00486, abortion sonogram law, HB 15, 82nd Leg.).

September 28, 2011: Appeal by Texas Attorney General filed in the U.S. Court of Appeals for the 5th Circuit and the Supreme Court of the United States:
David Lakey, Commissioner of Texas Department of State Health Services, et al. v. Texas Medical Providers Performing Abortion Services, et al.; Emergency application for stay of preliminary injunction pending appeal to the U.S. Court of Appeals for the Fifth Circuit, Appendices and lower court rulings including 5th Circuit Sept. 28, 2011 (No. 11A335, abortion sonogram law, HB 15, 82nd Leg.).

This entry was posted on January 12, 2012 at 1:55 PM and has received 2796 views. Print this entry.

On Tuesday, December 13, the National Transportation Safety Board (NTSB) issued a recommendation calling for the first-ever nationwide ban on the use of personal electronic devices while driving. To read the NTSB press release and view a synopsis of the report, please visit: http://www.ntsb.gov/news/2011/111213.html

Below are resources for learning more about this issue.

Texas laws and legislation:
The following Texas laws relate to the use of a wireless communication device while operating a motor vehicle. Currently, no statewide ban on texting while driving exists in Texas.

Transportation Code § 545.424 Operation of a Vehicle by Person Under 18 years of Age
Transportation Code § 545.425 Use of Wireless Communication Device
Education Code Ch. 1001 Driver and Safety Education

Relevant bills that passed the 82nd Legislature (2011) are below. To find all introduced legislation on this topic, as well as legislation from previous sessions, you may do a subject search in Texas Legislature Online on the subjects EMAIL & ELECTRONIC COMMUNICATIONS (S0321) and Vehicles & Traffic--Rules of the Road (I0860) combined.

HB 242: Relating to the enforcement of public safety, including the privileges and duties of certain types of law enforcement officers.
Vetoed by the Governor on June 17, 2011.

HB 1899: Relating to the posting of signs in school crossing zones regarding the prohibited use of a wireless communication device while operating a motor vehicle.

HB 2466: Relating to the licensing and operation of motor vehicles by minors.

SB 1330: Relating to driving safety courses for individuals younger than 25 years of age receiving deferred disposition for certain traffic offenses.

50-State surveys:
The National Conference of State Legislatures has compiled a chart, "Cell Phone Use and Texting While Driving Laws." The chart covers cell phone and texting bans, and whether crash data is collected by the state related to cell phone use or texting while driving. (Updated December 2011)

The Governors Highway Safety Association provides a chart, "Cell Phone and Texting Laws," outlining all state cell phone and text messaging laws that affect drivers. A brief overview summarizing which states have enacted various laws on the issue precedes the chart. (Updated December 2011)

The Insurance Institute for Highway Safety incorporates maps into the chart, "Cellphone and texting laws." The maps illustrate handheld bans, young driver bans, bus driver bans, and texting bans. (Updated December 2011)

Research studies:

This entry was posted on December 14, 2011 at 3:53 PM and has received 6848 views. Print this entry.

Three cases related to Texas redistricting are pending before the U.S. Supreme Court. The following article from SCOTUSBlog provides background and analysis: What's at stake in the Texas election cases? (12/04/11)

To track news about these cases, as well as other developments related to the 2011 Texas redistricting cycle, please visit:
Texas Redistricting Library (Texas Legislative Council)
Texas Redistricting (independent blog)

Below are documents related to the cases. Additional documents are available and may be linked from the TLC Redistricting Library or Texas Redistricting (mentioned above).

This entry was posted on December 8, 2011 at 9:35 AM and has received 2102 views. Print this entry.

This entry was posted on November 16, 2011 at 4:16 PM and has received 1291 views. Print this entry.

The recently published Texas State Cemetery highlights the history of the state cemetery and the noteworthy Texans who are buried there. Established by an act of the Texas Legislature in the winter of 1851, the cemetery has become the final resting place for hundreds of notable Texans, from military and political figures such as Stephen F. Austin and Edwin Waller, to cultural figures like J. Frank Dobie and Tom Landry. The first individual to be buried in the cemetery was Edward Burleson, veteran and vice president of the Republic of Texas, who died unexpectedly in 1851 in Austin. He remained the lone occupant of the cemetery for four years until Abner Smith Lipscomb, a lawyer, veteran, secretary of state during the Mirabeau B. Lamar administration, and Texas Supreme Court justice, died and was buried near Burleson's grave in 1856. Biographical information and photographs for Burleson and many other individuals who are buried in the cemetery are provided in the book, divided into chapters on the Republic of Texas and the Civil War, public officials, cultural figures, educators, and Texas Rangers. You can learn more about the Texas State Cemetery and the individuals who are buried there by looking at the cemetery website and also by searching the cemetery database. The library's two copies of this book can be viewed by visiting the library and may be checked out by members of the legislative community.

This entry was posted on November 15, 2011 at 3:00 PM and has received 1838 views. Print this entry.