Organizing the Legislature: Legislative Caucuses

Legislative Caucuses in Texas

The number of competing voices in state legislatures often leads members to form small groups to articulate the specific needs and desires of important segments of the larger body. Sometimes such groups content themselves with weekly breakfast meetings among like-minded members, but other times these groups take the more institutionalized form of legislative caucuses.

The development of legislative caucuses in Texas constitutes one element of the larger story of political change in the state. As previously excluded or weakly represented groups (minorities, women, Republicans, etc.) have increased their participation in state politics, the political system has become both more diverse and more competitive. Legislative caucuses have evolved to give voice to these newly incorporated social groups and the newly mobilized political parties.

A legislative caucus is a group of legislators who organize to advocate or influence legislation that promotes their common goals and interests. The Texas Ethics Commission (TEC) provides the specific legal definition in its Election Code:

[...] "legislative caucus" means an organization that is composed exclusively of members of the legislature, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common. The term includes an entity established by or for a legislative caucus to conduct research, education, or any other caucus activity. An organization whose only nonlegislator members are the lieutenant governor or the governor remains a "legislative caucus" for purposes of this section.¹

Legislative caucuses may be one of two types: party or non-party. The party caucuses explicitly favor one party or another, and indeed, are direct outgrowths of the political parties in the Legislature. The party caucuses do not exercise the same degree of influence in organizing the Texas Legislature as they do in the U.S. Congress. Still, the increase in partisan competition over the past two decades has made them increasingly important.

Non-party caucuses might favor the legislative initiatives of one party more than those of another, but they usually try to distinguish their ideals and goals from party interests. The increasing diversity of the membership in the state capitol since the early 1970s has spurred the development of non-party caucuses, resulting in greater influence in organizing legislative affairs.

As of May 2004 fifteen legislative caucuses were registered with the Texas Ethics Commission. Outside the legislature there exist numerous political caucuses throughout the state, but unless they are composed of members of the legislature or established by or for a legislative caucus in order to perform some of the duties of a legislative caucus, they are not considered to be legislative caucuses in the state of Texas.

Footnote: 1. Texas Ethics Commission. (full footnote)

Political Change and Caucus Development in Texas

Formal caucus organizations have been active in the Texas Legislature for only a relatively short period of time, a result of two traits that have characterized the state lawmaking body throughout most of its history.

First, the two chambers historically have been ruled by powerful leaders, the Lieutenant Governor in the Senate and the Speaker of the House of Representatives. In addition to enjoying considerable institutional power, the holders of these positions also thrived in an environment in which power was highly personalized.

Second, until recently the Legislature has been very homogeneous in terms of gender, race, ethnicity, and ideology. In 1961, there were four women, no blacks, seven Hispanics and two Republicans in the legislature. By 1993, these numbers had grown to 31 women, 16 blacks, 30 Hispanics , and 71 Republicans.¹ After 1993 the numbers of women and minorities leveled off, but the numbers of Republicans continued to grow. By 2003 the legislature counted 107 out of 181 total members who were Republicans.² (You can see the details of these trends in figures that describe the increase in representation by gender, by race and by party.)

The power of the leadership in each house made it politically difficult and dangerous for members to attempt to organize competing centers of power, especially without any other basis for organizing (like party, race, or ethnicity). Such attempts were regarded with suspicion. As long as almost every member thought and looked alike, why would a member form or join a caucus except to challenge the historical power of the leadership?

Things changed in the 1970s. Voting reforms since the 1960s--including tougher federal protection of voting rights, the elimination of multi-member legislative districts in Texas, and U.S. Justice Department oversight of legislative redistricting--resulted in greater participation and representation among ethnic minorities. At the same time, social changes that grew out of civil rights activism mobilized women and minorities to take advantage of political opportunities in order to represent their group interests. In short order women and minorities were creating additional organizational tools, caucuses among them, for advancing their agendas.

Following on the heels of these social changes, came the rebirth of the Republican Party across the state. A result of the disaffection of traditional Southern conservatives with the Democratic Party and migration of conservative Northerners into the state's burgeoning suburbs, the resurgence of the Republican Party gave new life to party caucuses in the legislature. As Republican strength grew, both parties sought to use legislative caucuses as instruments for promoting party cohesiveness.

Footnotes: 1. The Handbook of Texas Online; 2. Legislative Reference Library. (full footnotes)

Caucus Organization

Organizing Legislative Caucuses

Because they may engage in the collection and distribution of money by and for public office holders, all legislative caucuses are regulated by the Texas Ethics Commission (TEC), as are all other organized interest groups.

At one point, legislative caucuses could count on material support from the Texas Legislature as long as the caucus did not endorse candidates for office. However, in 1995 the House of Representatives passed new rules that prohibited its members from spending any state money on caucuses. Then in 1997, the House banned the use of state funds and state-supported equipment and facilities for caucus activities.¹ Cut off from governmental support, the caucuses since have had to rely on other sources of support sanctioned by TEC guidelines.

Gray areas abound as caucuses draw support from politically like-minded actors outside the Legislature, including national organizations as well as external organizations in the state not directly regulated by the TEC. The Texas Legislative Black Caucus, for example, enjoys strong ties with the National Black Caucus of State Legislators (NBCSL). Similarly, the Texas Senate Hispanic Caucus has ties with the National Hispanic Caucus of State Legislators (NHCSL). More recently the Congressional Sportsman's Foundation (CSF) has mounted an effort to provide resources and moral support to legislators in the various states for the formation of state sportsman's legislative caucuses. After adding six state sportsman's caucuses in the fall of 2003 and spring of 2004, the CSF counted affiliates in nineteen state legislatures, including the Texas Legislative Sportsman's Caucus.

Though not a legislative caucus, the Texas Women's Political Caucus (TWPC), founded in November 1971, marked the beginning of the wave of caucus formation that washed over the Texas Legislature during the subsequent three decades. Many of the 200 women at the first meeting of the TWPC had been at the formation of the National Women's Political Caucus in Washington and at the annual conference of the National Organization for Women in California, both in the summer of 1971.²

Sometimes Texas legislative caucuses will themselves inspire and support non-legislative political caucuses. In 1995 a few members of the Texas Conservative Coalition (TCC) and some other non-legislators established the Texas Conservative Coalition Research Institute (TCCRI) to conduct research and education in support of the very same goals as the TCC legislative caucus.

The original aim of the TCCRI seemed to be to support directly the efforts of the TCC--indeed their websites use remarkably similar language. But, the Texas Ethics Commission ruled that any organization formed by a legislative caucus with the intent of supporting the efforts of that legislative caucus is itself a legislative caucus, and thereby is subject to the same TEC reporting requirements. As a result, the TCCRI is careful to note in subtle language that its founding and continuing operation are distinct from the TCC:

The organization was inspired by the success of the Texas Conservative Coalition (the conservative caucus in the Texas Legislature) that has served as a resource for information and public policy strategies for Texas legislators since 1985.³

Similarly, in 1993 members of the Texas Senate Hispanic Caucus along with a number of other non-legislator private citizens organized the Texas Senate Hispanic Research Council, Inc. (SHRC) to pursue a three-fold agenda:

1) to advance the nonpartisan education of minorities for effective involvement in the democratic process at state and local levels; (2) to publish objective, nonpartisan research for statewide distribution regarding Hispanics and other Texas minorities; and, (3) to inform and promote positive perceptions about minority citizens of Texas.⁴

Notably, the SHRC's mission statement includes the following disclaimer: "This entity does not conduct research, education or conduct any other legislative caucus activity." While this seems starkly at odds with the three prongs of the SHRC's mission statement, it represents a necessary distancing of SHRC activities from the Texas Senate Hispanic Caucus in order to avoid regulation by the Texas Ethics Commission.

Most caucuses, except the party-based ones, try to stay non-partisan in their activities and orientation in order to abide by the letter of state regulations. In theory non-party caucuses provide organizational resources to pursue policy interests that transcend the usual boundaries of cooperation established by political parties. But, in practice their issue positions are often shaded by partisan positions and interests. Indeed, caucuses like the Texas Conservative Coalition (the main conservative legislative caucus) insist on their bipartisan nature, while simultaneously acknowledging the general association of conservatism with the Republican Party:

Although the term "conservative" is often assumed to mean "Republican",the TCC is proudly non-partisan and welcomes members regardless of political party affiliation who support the conservative principles that the TCC has long represented: Limited government, free enterprise, individual liberty, and traditional values, as well as the appropriate role of government. TCC strives to maintain this balance and supports and opposes bills without regard to the political affiliation of the author, as well as without regard to their membership in the TCC.⁵

<sup>Full Footnotes: 1. "New rules send legislative caucuses looking for new place to call home", Lubbock Avalanche-Journal, January 16, 1997. http://www.lubbockonline.com/news/011697/newrules.htm. Accessed Mon May 3, 1997.
2. "TEXAS WOMEN'S POLITICAL CAUCUS." The Handbook of Texas Online. http://www.tshaonline.org/handbook/online/articles/TT/wet1.html. Accessed Thu May 6 22:06:57 US/Central 2004.
3. Texas Conservative Coalition Research Institute. http://www.txccri.org/index.html. Accessed Wed May 19, 2004.
4. Texas Senate Hispanic Research Council. http://www.tshrc.org. Accessed Wed May 19, 2004.
5. Texas Conservative Coalition. http://txcc.org/tcc_home.html. Accessed 10 May 2004.</sup>

^{Minority Legislative Caucuses}

Riding the same wave of empowerment and political activism, African Americans and Mexican Americans formed their own legislative caucuses in the 1970s. Only two years after the founding of the TWPC (the women's caucus), African Americans and Mexican Americans founded the Texas Black Legislative Caucus (TBLC) and the Mexican American Legislative Caucus (MALC), respectively. A few years later the Texas Senate Hispanic Caucus (TSHC) was established.

This timing reflects the increased numbers of minorities in the Legislature after the Voting Rights Act of 1965 and the legislative redistricting of 1971, both of which produced increases in minority membership. After all, it's difficult to have a caucus with only a few members. Not surprisingly, the numerically larger House of Representatives more quickly added new minority members.

The African American and Latino caucuses are non-partisan in their formal orientation, but they have historically leaned Democratic. This may be changing somewhat, as both parties have pursued the minority vote, especially the rapidly growing Latino vote.

Although the minority caucuses pursue issues of particular interest to their own racial/ethnic and geographic constituents, they have collaborated often to support political efforts and legislation of common interest. The TBLC and MALC have actively supported the Southwest Voter Registration Education Project for over two decades. Also, these two House caucuses often issue joint press releases expressing support for the same policies.

In 2002 and 2003 the TBLC and MALC worked together to establish a joint legislative agenda for the 78th legislative session. Additionally, in 2003, the TBLC, MALC and TSHC joined together to express their opposition to new admissions policies at Texas A&M that would eliminate consideration of race and ethnicity beginning in December 2006.

In a sign of persisting partisan leanings, both caucuses declared their opposition to special sessions called by Republican Governor Perry in the summer of 2003, the agenda for which would be congressional redistricting. In a joint press release the two groups declared that resolving the looming state budget crisis was "the only valid reason to call a special session."¹

^{Full Footnote: 1. "Special Session Should Be About Budget Emergency", press release, MALC and TLBC, June 19, 2003. http://www.malc.org/BudgetEmergency.61803.pdf. Accessed Thu May 20, 2004.}

^{Party Caucuses}

Legislative party caucuses began to be formed in the 1980s as part of the second wave of caucus formation in the Texas Legislature. As with minorities and women, changing political circumstances created both the opportunity and the motivation for organizing.

Notably, Bill Clements's gubernatorial elections in 1978 and again in 1986 provided the impetus for party caucus formation in the Legislature. The Democrats were the first to respond to the changing political landscape, formally organizing a caucus in 1981, just in time for the second biennial legislative session during Clements's first four-year term of office.

Despite the loss of the chief executive to the Republicans, the Democrats still enjoyed wide majorities in both houses of the Legislature. But they suffered continuous erosion throughout the 1980s. Things looked especially dire in 1985 when Republican ranks in the House rose from thirty-seven to fifty-five. By the time of the next legislative session in 1987, Republicans had placed sixty-one of their own in the House.

Republican membership in the Senate was fairly steady at about six members (out of thirty-one) for most of the decade, but would begin to grow rapidly beginning in 1989. This Republican posse rode in on the coattails of re-elected governor Bill Clements, who returned to the governorship in 1987 after a four-year hiatus.

With numbers in the capitol that hadn't been seen since the Reconstruction, and a fellow member in the Governor's mansion, Republicans in the House of Representatives finally had sufficient reason to organize. So, in 1989 they formed the Texas Republican Legislative Caucus. Party caucuses in the Senate followed as Republicans continued their rise in that chamber.

Legislative Caucuses and Democracy

Numerous and active caucuses may make legislative bodies more democratic. Caucuses create multiple centers of political power that promote competition as well as cooperation. They also promote debate, organize the unorganized, and defend the interests of minority parties and groups.

The rise of caucuses in the Texas Legislature reflects the growing diversity of the state and the delayed inclusion of groups that were excluded from political institutions as the result of historical discrimination. As the state continues to become more diverse and this process of inclusion continues, the number and influence of caucuses may grow.

Will caucuses ultimately challenge the concentrated power of the legislative leadership, the President of the Senate and the Speaker of the House? The power of the Speaker is more likely to be diminished sooner than that of the President of the Senate, because the Speaker is chosen directly by the membership. Tight partisan competition and the growing power of racial/ethnic groups in society may very well increase the influence of caucuses in choosing the Speaker.

In contrast, the President of the Senate is always, by constitutional specification, the Lieutenant Governor--a post chosen directly by the people in popular elections. As a result, the power of caucuses in the Senate vis-à-vis the leadership probably will not increase as much--or, at least, much more slowly. Yet caucuses continue to form in the Legislature, especially around policy and issue areas, suggesting that social changes outside the halls of the Capitol will continue to influence organization under the dome.

Prominent Caucuses in the Texas Legislature

Full Footnotes: 1. Annual contribution totals for a single year do not necessarily reflect the fundraising strength of the various caucuses, as funds may flow in at irregular rates over several years.
2. Technically the TWPC is not a legislative caucus, but instead is a political caucus that exists and operates independently of the legislature. The TWPC is included here because it started the wave of modern caucus formation in the legislature.