Before Pursuing Legislation: Ask A Key Question

Getting a bill through the Texas legislative process can be challenging. Historically, the passage rate is only about 20%, and in recent sessions, it’s been even lower—closer to a one-in-seven chance.

Drafting a bill, securing an author, lining up support, scheduling hearings, and managing floor debates all require significant time and resources. Sometimes, these efforts may detract from important defensive strategies or work on other bills.

Even if you overcome these hurdles, your bill can still fall victim to parliamentary procedures, personality conflicts, partisan politics, or simply running out of time. And if the bill reaches the Governor’s desk, there’s no guarantee it will become law. In the 2023 Texas legislative session, for example, 77 bills were vetoed.

So, how can you improve your chances of getting a bill through the process?

First, it’s important to evaluate whether legislation is the right solution or if there are other ways to accomplish your goal.

While there are many factors to consider, asking, “Why is this law needed?” is a good first step.

It’s a straightforward question, but providing an answer that satisfies lawmakers can be difficult. One thing is certain: simply saying it’s a good idea won’t be enough.

Red flags that may provoke legislative pushback include bills that:

• Address business-to-business disputes,

• Respond to current litigation, or

• Require a legislative appropriation—especially without a clear funding source.

Another concern is trying to impose a one-size-fits-all solution. Texas is a large state with diverse demographics. What works in Houston may not work in Lamesa.

Additionally, just because something has passed in another state doesn’t mean it will be relevant or well-received in Texas.

So, what types of bills have a better chance of making it through the process?

Some examples include:

• Proposals that address real problems affecting individuals or businesses,

• Amendments to current laws that need adjustments, or

• Updates to outdated laws in response to changing practices, emerging trends, or recent court rulings.

Thinking through the answer to “Why is this law needed?” can also help shape how you draft the bill.

Is it new law, or do you just need to amend existing legislation? Should the bill be permissive or mandatory? Do you want to provide detailed direction, keep the language more flexible, or leave it to a state agency to regulate the issue?

In future posts, I’ll discuss other criteria to help you assess whether pursuing affirmative legislation is the right way to solve a particular policy challenge.

Have a legislative question you want to discuss? Feel free to ask me david@mintzconsulting.com.