Wednesday, January 14, 2009

The Two Thirds Rule Challenged

For decades the Texas Senate has had rules in place which require a two thirds vote in order to consider bills on the Senate floor.

From the Legislative Reference Library: Senate rules ... [state] that a bill, joint resolution, or resolution affecting state policy may be considered out of its regular calendar order if two-thirds of the members present vote to suspend the regular order of business.

For almost half a century, blocker bills have routinely been placed at the top of the Senate's Daily Calendar, which in effect forces a suspension of the regular order of business on every bill. Blocker bills are bills that are introduced and passed out of committee as early as possible in a legislative session in order that they may occupy the first positions on the calendar. They are not intended to be worthy of serious consideration or passage. The sole purpose of a blocker bill is to ensure that at least two-thirds of the membership have an interest in debating a measure before it can come to the floor. Bills that do not enjoy substantial support cannot not make it past the blocker bill.

Though it has been set aside on rare occasions, this practice -- known as the "two-thirds rule" -- has been an honored tradition in the Senate. Among other things, it is generally acknowledged that the Senate's two-thirds rule fosters civility, a willingness to compromise, and a spirit of bipartisanship.


Conveniently enough for Democrats, they hold just over one third of the seats on the Senate (r=19, D=12), meaning that they are in a position to block any legislation they want. In order to pass preferred legislation -- most notably a voter ID bill -- Senate Republicans are attempting to rescind the rule, at least for this one bill.

Democrats are crying foul. Critics argue that this effort will destroy the decorum that normally exists in the chamber.

Background:
- The Chron.
- Dallas Morning News.
- El Paso Online.
- Capitol Annex.
- Austin American-Statesman.