University of
O’Quinn Law Library
________________________________________________________________________
INTRODUCTION
Legislative
history research is as important at the state level as it is at the federal
level.
It
is relatively easy for a researcher to create a legislative history of a
federal law. Most academic law libraries (including the O’Quinn Law Library)
have access to print and electronic resources that contain federal legislative
history documents. For laws passed since the mid 1990s, there is a large amount
of federal legislative history information available for free on the Internet.
It
is more difficult to research legislative history for state laws, including
________________________________________________________________________
THE
In
the
1.
A bill is introduced into the Texas State House of Representatives or the Texas
State Senate.
Documents
Created: Introductory
version of the Bill, Bill Analysis
2.
The legislator introducing the bill (the sponsor) may make remarks concerning
the bill when it is introduced. These remarks are recorded in the House or
Senate Journal.
Document
Created: Remarks recorded
in the House or Senate Journal
3.
The bill is assigned to a congressional committee. The committee holds hearings on the bill in
order to collect information about the bill’s subject matter.
Document
Created: Hearings taped
from 1973-present, no transcripts available
4.
The committee considers reports and analysis pertaining to the bill and then
votes on it. The committee may amend or substitute the bill with another bill
during this process.
Documents
Created: Committee
reports, Amendments, Bill Analysis
5.
If the committee recommends the bill, it is sent back to the full House/Senate
to be debated and voted on. The bill may be amended on the floor in order to
make the bill more appealing to legislators.
Documents
Created: Floor Debate,
Bill Analysis, Amendments
6.
The House/Senate votes on the bill. The votes are recorded in the House/Senate
Journal. If the House/Senate passes the bill, the bill is then sent to the
other legislative chamber to be considered. The process is similar in the other
chamber.
Documents
Created: Votes recorded
in the House/Senate Journal, Engrossed Bill
7.
If the other legislative chamber passes an identical version of the bill, the
bill is sent to the Texas Governor to be signed into law.
Document
Created: Enrolled Bill
8.
If the other legislative chamber passes the bill, but makes changes to the text
of the bill in the process, members from both chambers convene a conference
committee to reconcile the differences between the two versions. The conference
committee produces a unified version of the bill and a report explaining the
committee’s actions. The unified version of the bill is then sent to the
Governor to be signed.
Documents
Created: Conference
Report, Bill
9.
If the Governor signs the bill, the bill becomes law. If the governor vetoes
the bill it will be returned to the legislature where it will have to receive
2/3 majority of both houses to override the veto. If the governor refuses to
sign the bill it will become law after 10 days unless the legislature is within
10 days of adjournment. In this case the governor would have 20 days to take
action on the bill. After the bill becomes law, the entire text of the law is
published in the General and Special Laws
of the State of Texas (the session laws of the State of
Document
Created: Session Laws
published in the General and Special Laws of
10.
After the bill becomes law, the language of the law is incorporated into the Texas
Codes and Revised Civil Statues. The print version of the Texas Codes and
Revised Civil Statutes is commonly referred to as “
Document
Created:
Law incorporated in the
Keep
in mind that a Fiscal Note and Impact Statement are usually issued when
legislation is proposed and at virtually every major step of the journey that a
bill takes to become law. For more comprehensive information about the Texas
Legislative process, please consult the Texas Legislature’s Web site and the Legislative Reference Library of Texas Web site.
_________________________________________________________________________
AVAILABILITY
OF
The
previous section lists the information created during the Texas Legislative
Process. This section reviews if and where that information can be accessed.
1.
Bills and Bill Files
The
bill file will include the various versions of the bills, bill analyses, fiscal
notes, bill history, committee reports, and committee analyses.
(a.)
1993-present:
The
Texas Legislature Online Web site contains bill files for all bills from 1993
forward. The history of the bills is available from 1989 forward.
(b.)
1943-2001:
Microfiche
copies of bills considered by the Texas Legislature from 1973 to 1987 are
accessible at the Texas State Legislative Reference Library in
Legislative Archive System
The
Texas Legislative Reference Library makes scanned bills available online from
1943-2001 on its Web site at http://www.lrl.state.tx.us/lrlhome.cfm. The coverage
keeps expanding and will likely include bills for years prior to 1943 in the
near future. A bill search tool allows the user to enter the bill or chapter
number and immediately connect to the bill file in the Legislative Archive
System. An advance search option contains a variety of features ranging from
searching bill captions for all legislative sessions to searching by author for
certain sessions. The Web site provides more information about these options at http://www.lrl.state.tx.us/research/billsearch/LASstatus.cfm
(c.)
Prior to 1943:
The
Texas State Library and Archives in Austin has print copies of all bills
considered by the Texas Legislature prior to 1943. It is the only source for bills
from this time period. These print copies are also available until 1971.
2.
The House and Senate Journals
The
House and Senate Journals may include remarks made about the bills by members
of the legislature on the floor of the House and Senate. The journals
for each legislative session include indexes that help researchers to locate
references to their bill in the journals.
The
law library and Anderson Library, the
The
full text of the House and Senate journals since 1995 are available on the
State Legislature’s Web site. Researchers can search the online versions of the
journals for reference to their bills.
3.
Committee Hearing Testimony and Floor Debates
The
House Tapes,
63rd Legislature (1973-present)
(512) 463-0920 (512) 463-5729
Fax
Senate Tapes,
62nd, 4th Called Session (1972) - 76th Legislature (1999)
Lorenzo De
Zavala Library and
(512) 463-5455
Senate Tapes,
77th (2001) - 79th Legislature (2005) (past three sessions only)
(512) 463-0430
Since 2001, both
houses of the
4.
Committee Reports
The
committee reports are included in the bill files. They are advisory reports and
will make a variety of recommendations including passage of the bill, recommend
amendments, or even replace an old version of the bill with a new bill. These
reports include the recommendations of the committee regarding the bill, full
text of the bill, proposed amendments, bill analysis, and fiscal note. See
Section 1, “Bills and Bill Files”, for information about access to the bill
files.
5.
Bill Analysis
The
Bill analysis is a detailed summary of the bill and is arranged in a similar
format as the bill itself. These are included in the bill files. See Section 1
for information on bills and bill files.
6.
Fiscal Note
This is a statement included in the bill file on the anticipated
impact of the proposed legislation on the state’s budget.
7.
Impact Statement
An impact statement will be issued and included in the bill file
when proposed legislation has an impact on actuarial policy, criminal justice
policy, equalized education funding, higher education, imposing court costs on
criminal defendants, open government, economic impact, tax/fee equity note, and
water development policy.
8.
Conference Committee Reports
The
conference committee reports are included in the bill files. See Section 1
“Bills and Bill Files” for information about access to the bill files.
9.
The General and Special Laws of the State of
The
General and Special Laws of the State of
The
General and Special Laws of the State of
10.
The
After
a bill is passed into law, it is incorporated in the Texas Codes and Revised
Civil Statues. The Texas Codes and Revised Civil Statutes are available in
print in the library in the Vernon’s
Texas Codes and Revised Civil Statutes Annotated, Texas Collection KFT 1230
et seq.
The
current Texas Codes and Revised Civil Statues are also posted on the Texas
State Legislature’s Web site (http://www.capitol.state.tx.us/).
_________________________________________________________________________
STEPS
TO RESEARCHING
Assemble
a
1.
Locate the code section in
2.
Locate the chapter number in The General and Special Laws of the Acts of Texas
for your code section. The chapter number is posted at the end of the code
section. If the code section had been amended, it will have more than one
chapter number.
In
the example below, the chapter number for the Texas Code of Criminal Procedure
Art. 46C.151 is Acts of 2005, 79th Legislature, Chapter
831.
Art. 46C.151. DETERMINATION OF SANITY ISSUE BY JURY. (a) In
a case tried to a jury, the issue of the defendant's sanity shall be submitted
to the jury only if the issue is supported by competent evidence. The jury shall determine the issue.
(b) If the issue of the
defendant's sanity is submitted to the jury, the jury shall determine and
specify in the verdict whether the defendant is guilty, not guilty, or not
guilty by reason of insanity.
Added by Acts 2005, 79th
3. Find the bill number for your chapter using
the "Direct Search" feature on the Legislative Reference Library of
Texas Web site http://www.lrl.state.tx.us/ by clicking “Legislative
Archive System” from the drop-down menu under the “Legislation” tab at the top
of the page and then clicking “Direct Search.” This feature provides the bill number for all
laws passed by the Texas State Legislature since 1883. If your law was passed
prior to 1883, locate your law in the General
and Special Laws of the State of Texas. The original bill number for your
bill will be included at the top of the text in the General and Special Laws. Write down the bill number, as you will
need it to continue with your legislative history research. In the example
above you would simply choose the 79th Legislature (regular session)
and enter “831” as the chapter number under “Search by session law chapter” on
the “Direct Search” page.

4.
Using the bill number, locate the various legislative
history documents discussed in this guide. The cross reference table will allow
you to link directly to the electronic bill file for bills enacted from 1993
until today.
__________________________________________________________________________
CONCLUSION
Assembling
a legislative history of a
If
you would like help assembling legislative history, please stop by the
Reference Desk in the library and the reference librarians will be happy to
assist you.
__________________________________________________________________________
ADDITIONAL
RESOURCES
(a) Books with Information about
Simons, Spencer
L. Texas Legal Research, Chapter 7:
Bill Tracking and Legislative History.
Quarles,
Brandon, D. & Cordon, Matthew C. Researching
(b) Web Sites:
• Texas State
Legislature (http://www.capitol.state.tx.us)
• Texas
Legislative Reference Library (http://www.lrl.state.tx.us)
This
guide was drafted by Peter J. Egler and updated by
Chris Dykes, Reference/Research Librarian on February 17, 2012.