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A Legislative Primer for Federation Member Organizations
The Texas Legislature meets every two years for 140 days and you can expect that
many bills will be filed that will affect your patients and your practice. There
are many roadblocks (thank goodness!) in the legislative process that may
prevent a bill from becoming a law. While the Federation actively represents
your interests in the Legislature, the value of grassroots lobbying can not be
over emphasized. Your active involvement in the legislative process may be the
difference in the passage of legislation or "killing a bill." This Primer is
intended to offer you some helpful hints for your personal lobbying efforts.
Sharing Information
During the course of a typical Legislative Session, over 5,000 bills will be
filed. Historically, the Federation tracks about 300 bills that are of
importance to psychiatrists and patients. Of the 300 bills, the Federation will
usually categorize about 40 bills as Priority 1, meaning intensive legislative
lobbying needed. The Federation will keep you informed of these high priority
bills through the Texas Psychiatrist newsletter and through this website.
Also, Legislative Alerts will be faxed, mailed or e-mailed to members.
Occasionally, the Federation will call members and ask them to personally
contact a legislator on a specific issue. Have you returned your Key Contact
Survey to the Federation?
The Federation welcomes your input on specific bills and issues. Please e-mail a
message to us at TxPsychiatry@aol.com, fax a message to us at 512/478-5223, mail
your comments to us at 401 West 15th Street, Suite 675, Austin, Texas 78701, or
call us at 512/478-0605.
The Legislative Session
Texas is governed by a biennial state legislature. Regular sessions of the Texas
Legislature begin on the second Tuesday in January of odd-numbered years, and
are limited to 140 calendar days. Only the Governor may call a Special Session,
which is limited to 30 days and to subjects proposed by the Governor.
Composition of the Texas Legislature
The Texas Legislature is composed of two legislative bodies: the Senate and
House of Representatives. The House is composed of 150 members who are elected
every two years. The Senate is composed of 31 members, half of whom are elected
every two years for four-year terms.
Leadership
The Lieutenant Governor, elected in a statewide election every four years,
presides over the Texas Senate. The Speaker of the House, elected by the House
membership at the beginning of each session, presides over the House. The
Speaker may vote on all legislation. The Lt. Governor may only vote to break a
tie.
Legislative Committees
Along with the Speaker and Lt. Governor, the chairs of legislative committees in
the House and Senate are very important and powerful. The only action formally
required on a piece of legislation is that it be assigned to a committee for
study. Once the legislation is in committee, it is strictly up to that
committee, particularly its chair, to determine what happens to the bill.
Committees can choose to amend, reject, table or approve legislation.
Legislation cannot be considered on the floor of the House or Senate, however,
without first being considered favorably by the committee to which it is
assigned.
How a Bill Becomes Law
Legislation may be pre-filed before the Legislative Session starts. Pre-filing
begins as early as the Monday following the November general election. Once the
Legislative Session begins, legislation may be introduced through the 60th day
of the session. After the 60th day, only local bills and general law bills may
be introduced, subject to a 4/5 vote of approval in the House. In the Senate, a
4/5 vote is required to introduce any bill throughout the Legislative Session.
All revenue-raising bills originate in the House.
The first reading of a bill occurs when the bill is introduced and referred to a
committee. The second reading occurs after the bill has been favorably reported
back to the House or Senate by a committee. There is no requirement that the
committees take action on every bill referred to them.
Once the bill passes the House or Senate on the third reading, it is considered
"engrossed". The process then begins all over in the other body of the
Legislature. If a House bill is amended in the Senate, or a Senate bill is
amended in the House, the bill is returned to the house of origin for
"concurrence" on the amendments or the appointment of a Conference Committee to
reconcile differences between the House and Senate versions of the bill.
When a bill is approved by both houses in identical form, it is "enrolled" in
final form, signed by the presiding officers of both houses, and sent to the
Governor. Within 10 days, the Governor may approve or veto a bill. A vetoed bill
is returned to its house of origin along with a statement of objections. If the
Governor fails to sign or veto a bill within the 10 days, the bill becomes law
without the Governor's signature. If the session is still in progress, the
Legislature can override a veto of the Governor with a 2/3 vote of both houses.
Finding Your Legislator
To be effective in your communications, you should contact your specific
legislator first and then members of key committees who are considering bills of
interest. To identify your incumbent legislator, access http://www.capitol.state.tx.us/fyi/fyi.htm
and enter your home address.
Contacting Legislators
The most effective methods of communicating with Legislators include:
1) Face-to-Face Individual Visit; 2) Personal Letter; 3) Telephone Call; 4)
E-Mail 5) Poll of the District; 6) Face-to-Face Group Visit; 7) Telegram; 8)
Mailgram; 9) Resolution Passed by an Organization; 10) Petition; 11) News Report
of Group/Individual Position; and 12) Form Letter.
When writing to or speaking with a State official, keep the following in mind:
Governor
1. Writing:
The Honorable (Full Name)
Governor of Texas
State Capitol
PO Box 12428
Austin, Texas 78711
Dear Governor (Last Name):
2. Speaking: "Governor (Last Name)"
Lieutenant Governor
1. Writing:
The Honorable (Full Name)
Lt. Governor of Texas
State Capitol
PO Box 12068
Austin, Texas 78711
Dear Governor (Last Name):
2 Speaking: "Governor (Last Name)"
Speaker of the House
1. Writing:
The Honorable (Full Name)
Speaker of the House
Texas House of Representatives
PO Box 2910
Austin, Texas 78768-2910
Dear (Mr./Madam) Speaker:
2. Speaking: "Mr./Madam Speaker"
State Senator
1. Writing:
The Honorable (Full Name)
Texas State Senate
PO Box 12068
Austin, Texas 78711
Dear Senator (Last Name):
2. Speaking: "Senator (Last Name)"
State Representative
1. Writing:
The Honorable (Full Name)
Texas House of Representatives
PO Box 2910
Austin, Texas 78768-2910
Dear Mr./Mrs. (Last Name):
2. Speaking: "Mr./Ms. (Last Name)"
Letters: When to Write
• When you want a legislator to take a position on your issue. Timing is
important. Write early, before he/she has made up his/her mind. Then write just
before a vote on the issue.
• When you want a legislator to reverse a position he/she has taken. It may be
helpful to get influential person, who the legislator respects, to write on your
behalf.
• When you want the legislator to renew his/her position on an issue.
• When you want to educate the legislator on your issue.
• As a follow-up to a visit with the legislator outlining what you heard him/her
say.
• To thank the legislator after he/she has taken a positive action on your
behalf.
Letters: Length and Style
• Make it one page or less, covering only one subject. Avoid "computer print-out
letters" that appear to be a form letter. Try to NEVER send form letters.
• Get to the point quickly, in a clear and concise manner.
• Attach supporting information, rather than including it in the body of the
letter.
• Letters should be brief, dignified, sincere, and respectful.
• Be specific, logical and positive.
• Don't be argumentative or make threats.
• Be sure to include your name and address on the letter and envelop--an
anonymous letter will be ignored.
Letters: Content
• Be specific. State why you are writing; what you want your legislator to do.
Make your request reasonable and possible to accomplish; ask for specific
action.
• If you are writing about a specific bill, state the bill's number, title,
author, and the committee to which it has been assigned.
• Note how the legislation will affect your patients and practice, using
specific facts and case examples.
• Provide reasons for your position on the issue/bill.
• Avoid name dropping, but if there are several different groups on whose behalf
you are writing, mention them in your letter.
• Use statistics sparingly and carefully. Cite only one or two key ones.
Concentrate on providing a brief case example with a few key facts.
• Request an answer to your letter, asking the legislator to advise you how
he/she will vote or at least how he/she feels about your issue.
Telephone Calls: When to Make
• When you cannot have a face-to-face visit with the legislator.
• When you want the legislator to vote a certain way on an issue, and time is of
the essence.
• When you want to say "thank you".
Telephone Calls: Length
• Make it short, sweet and to the point.
• If he/she wants to talk longer, let them take the lead.
Telephone Calls: Style
• Be respectful of the legislator and his/her time constraints.
• Be appreciative that he/she has taken time to talk with you.
• Remember, the legislator may not be able to personally take your call. If you
are asked to talk with an aide, rather than the legislator, be appreciative.
Aides have great influence with legislators and are often more knowledgeable
about the issues than the legislators themselves. Through an aide, your message
will reach the legislator.
• Be professional, positive and direct.
• Be accurate in your facts, and do not relay rumor.
Telephone Calls: Contact
• Make notes in advance about the points you wish to make so that you do not
forget anything and so that it flows in a concise and logical manner.
• Identify yourself by name, address, organization (if applicable), and hometown
(if within the legislator's district). If you vote within the legislator's
district, your call will carry more weight.
• Identify the bill by title, number, author, and where it is in the legislative
process.
• Briefly state what your position is and how you would like the legislator to
vote/act on it.
• Ask your legislator's view on the bill or issue. Try to be firm in obtaining a
commitment from him/her regarding how he/she will vote, but be understanding if
they have not yet studied the issue enough to make up their mind.
• Show appreciation for his/her past votes. Be positive.
• If they require further information, supply it as quickly as possible. Thank
them for their time and attention.
Personal Visits: When to Make
• When the legislator is home in his/her district office.
• When you are at the Capitol, visit his/her office.
Personal Visits: Length
• Be sure to make an appointment to see the legislator. Ask the aide how long
the legislator usually takes in routine appointments. Generally it is safe to
assume that you will have five minutes. If they want you to stay longer, they
will offer.
Personal Visits: Style
• As always, be professional, concise, clear and respectful.
• Introduce yourself and whom you represent (if applicable), even when you think
the legislator already knows you.
• Never present inaccurate information. If you do not know the answer to a
question, offer to get back to the legislator with the information...and do so
promptly.
• Have a one-page fact sheet to leave with the legislator. Leave your business
card or be sure your name, address and telephone number is on the fact sheet in
the event the legislator needs to contact you later.
• Be informal in your first visit, and do not press for a commitment immediately
after presenting your case for the first time. Be willing to check back later
for an answer, if they would like time to study the issue and your fact sheet
further. Remember that their other commitments could prevent their support;
respect their position.
Personal Visits: Content
• Chat briefly, then proceed to the point of your meeting. Be concise. Talk
about only one issue per visit, and leave a fact sheet with the legislator.
• Follow-up with a letter thanking them for what they agreed to do.
Public Testimony: Length
• Prepare two versions of your testimony: one to deliver verbally and a longer,
written version to give to the legislators.
• Be able to present your testimony in less than five minutes.
Public Testimony: Style
• It should be typed and you should bring enough copies for the committee
members plus additional copies for the press and other interested persons.
• Try not to ever read your testimony.
• Be respectful, professional, brief and accurate.
Public Testimony: Content
• Identify your concerns, and how you think the committee could make
improvements to the bill, if appropriate.
• Acknowledge originators of the legislation if you have this information.
• If the legislation is a carefully worked out compromise among several groups,
acknowledge this.
• Address each legislator by name.
• State what you would like to see accomplished. Do this at the end of your
testimony.
• Offer to answer questions of the committee. If you do not know the answer to a
question, offer to seek a response and follow-up with committee members as soon
as possible.
• Remain aware of time constraints, but do not hurry through your testimony.
Take your time so you will be relaxed and they can listen fully.
• When questioned by committee members, do not be argumentative, play to the
audience, try to be funny, drop names, or try to flatter yourself or a committee
member insincerely. Do not lose your temper or your professionalism. Do not take
their comments personally-- realize that they are simply frustrated, in a hurry,
and have to be concerned with hundreds of issues other than the one with which
you are concerned. Direct replies to all committee members, not only to friendly
committee members.
• Offer to assist them and their staff in any way you can to resolve the issue.
• Thank them for their time and consideration of your position.
Having completed this primer, you are now an expert.
Make contact with your legislator...your voice will make a difference.
Excerpts from United Way of Texas Public Policy Handbook.
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FEDERATION
OF TEXAS PSYCHIATRY