Estimated Time to Read: 10 minutes
The Texas Legislature operates differently from most state legislatures and the U.S. Congress in several key ways. One of the most notable distinctions is its slow start. Unlike many states where lawmakers dive into legislative debates immediately, the Texas Constitution imposes strict limitations on what can be considered in the early weeks of the session. For the first 60 days, lawmakers cannot pass bills unless they are designated as emergency items by the governor.
This procedural rule significantly shapes legislative priorities, influencing both the pace and focus of policymaking in the Lone Star State.
The Constitutional Basis for the Slow Start
The Texas Legislature meets for only 140 days every two years, making it one of the least frequently convened legislatures in the country. Given this limited timeframe, one might assume that lawmakers would hit the ground running. However, Article III, Section 5 of the Texas Constitution mandates that during the first 60 days of a regular session, the legislature may only consider appropriations, gubernatorial recess appointments, and emergency items designated by the governor.
Sec. 5. MEETINGS; ORDER OF BUSINESS. (a) The Legislature shall meet every two years at such a time as may be provided by law and at other times when convened by the Governor. (b) When convened in regular Session, the first thirty days thereof shall be devoted to the introduction of bills and resolutions, acting upon emergency appropriations, passing upon the confirmation of the recess appointees of the Governor and such emergency matters as may be submitted by the Governor in special messages to the Legislature. During the succeeding thirty days of the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. During the remainder of the session the Legislature shall act upon such bills and resolutions as may be then pending and upon such emergency matters as may be submitted by the Governor in special messages to the Legislature.
Source: Article III, Section 5 of the Texas Constitution
This provision acts as both a procedural brake and a strategic advantage for the governor. It ensures that lawmakers first focus on administrative tasks—such as filing bills, organizing committees, and conducting background research—before moving into substantive policy debates. At the same time, it allows the governor to set the legislative agenda early.
The Governor’s Role in the First 60 Days
The governor’s ability to declare emergency items is one of the most direct ways the executive branch can influence the legislative process. These items do not necessarily indicate an immediate crisis but instead reflect the governor’s policy priorities.
For example, during the ongoing 89th Legislative Session, Governor Greg Abbott (R) delivered his State of the State Address on February 2nd (Day 20 of 140), naming seven emergency items:
- Property tax relief
- A “Texas-sized” investment in water infrastructure
- Raising teacher pay
- Expanding career training
- School choice
- Bail reform
- Establishing a Texas Cyber Command
By designating these items as emergencies, the governor allows lawmakers to begin debating and passing related legislation before the 60-day restriction lifts.
How This Impacts Legislative Strategy
Because of this constitutional restriction, Texas lawmakers must be strategic in how they approach the early weeks of the session. Key considerations include:
1. Filing Legislation Early
Lawmakers begin filing bills months before the session starts in a process known as “pre-filing.” While these bills cannot be debated or passed until later, early filing increases their chances of consideration after the 60-day restriction is lifted.
For the 89th Legislative Session, lawmakers could begin filing bills as early as November 12, 2024—63 days before the session began.
2. Waiting for the Governor’s Emergency Items
Many lawmakers hold off on pushing major legislation until they know which issues will be declared emergencies. The first weeks of session often involve strategic lobbying efforts to persuade the governor to prioritize certain topics.
3. Administrative and Procedural Setup
The early weeks of session are spent electing leadership, assigning committees, and establishing procedural rules.
- In the 89th Legislative Session, Lt. Gov. Dan Patrick assigned Senate committees on January 17, 2025 (Day 4 of 140).
- The Texas Senate held its first committee hearing on January 27, 2025 (Day 14) and passed its first bill (SB 2, related to school choice) out of committee on January 28, 2025 (Day 15).
- The Texas House, however, did not announce committee assignments until February 13, 2025 (Day 31)—significantly later than the Senate.
4. Influence of Lobbyists and Interest Groups
With limited legislative action in the first two months, special interest groups, lobbyists, and advocacy organizations use this period to meet with lawmakers, provide research, and build coalitions.
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Pros and Cons of the 60-Day Restriction
Like any rule, the limitation on early legislative action has both benefits and drawbacks.
Pros:
- Prevents Rushed Legislation: The restriction forces lawmakers to take their time in crafting bills rather than pushing through hasty legislation.
- Allows for Organization: It provides an opportunity to set up committee structures and conduct background research.
- Gives the Governor an Early Policy-Setting Role: This can help focus legislative priorities and streamline the session.
Cons:
- Delaying Action on Urgent Issues: If an issue arises that does not receive emergency status, it may be weeks before lawmakers can act.
- Limits Legislative Independence: Since the governor controls early legislative action, it can reduce the ability of lawmakers to set their own priorities.
- Increases End-of-Session Chaos: Since much of the work is delayed until after the 60-day mark, lawmakers often find themselves rushing to meet deadlines as the session nears its end.
What Happens After 60 Days?
Once the restriction is lifted, legislative activity surges. Committees meet more frequently, hearings are scheduled for a backlog of bills, and floor debates intensify.
However, with only 80 days remaining, lawmakers face immense time pressure. Additionally, self-imposed deadlines further constrain legislative action. For example, bills must be passed out of committee by a certain date to remain viable, leading to frantic deal-making and procedural maneuvering.
Why Not Change It?
In recent legislative sessions, some lawmakers have taken public issue with the delay, arguing that it aids in the demise of legislative priorities of one particular party over another.
Session-by-Session Comparison for First 60 Days
The following tables are comparisons between the ongoing legislative session and the previous 5 legislative sessions:
Number of Days Convened in First 60 Days
| Legislative Session | Days Convened |
|---|---|
| 89th (2025) | 31 of 60 |
| 88th (2023) | 24 of 60 |
| 87th (2021) | 21 of 60 |
| 86th (2019) | 25 of 60 |
| 85th (2017) | 30 of 60 |
| 84th (2015) | 31 of 60 |
| Legislative Session | Days Convened |
|---|---|
| 89th (2025) | 28 of 60 |
| 88th (2023) | 22 of 60 |
| 87th (2021) | 9 of 60 |
| 86th (2019) | 29 of 60 |
| 85th (2017) | 26 of 60 |
| 84th (2015) | 24 of 60 |
Disclaimer: The information does count the days by which each chamber convened merely to refer legislation to committees. More often than not, though a lawmaker is overseeing the reference of bills, the entire body is not in attendance.
Adjournment Resolutions Adopted in First 60 Days
If it is the intent of lawmakers to adjourn for more than 3 days at a time, they must adopt a concurrent resolution in both legislative chambers allowing them to do so.
| Legislative Session | Adjournment Resolutions Adopted |
|---|---|
| 89th (2025) | 6 |
| 88th (2023) | 8 |
| 87th (2021) | 7 |
| 86th (2019) | 8 |
| 85th (2017) | 8 |
| 84th (2015) | 9 |
Committee Assignments Comparison
| Session | House Speaker | Committees Assigned | Legislative Day |
|---|---|---|---|
| 89th (2025) | Burrows (R) | February 13 | 31 of 140 |
| 88th (2023) | Phelan (R) | February 8 | 30 of 140 |
| 87th (2021) | Phelan (R) | February 4 | 24 of 140 |
| 86th (2019) | Bonnen (R) | January 23 | 16 of 140 |
| 85th (2017) | Straus (R) | February 9 | 31 of 140 |
| 84th (2015) | Straus (R) | February 4 | 23 of 140 |
| Session | Lt. Governor | Committees Assigned | Legislative Day |
|---|---|---|---|
| 89th (2025) | Patrick (R) | January 17 | 4 of 140 |
| 88th (2023) | Patrick (R) | January 23 | 14 of 140 |
| 87th (2021) | Patrick (R) | January 15 | 4 of 140 |
| 86th (2019) | Patrick (R) | January 18 | 16 of 140 |
| 85th (2017) | Patrick (R) | January 18 | 31 of 140 |
| 84th (2015) | Patrick (R) | January 23 | 23 of 140 |
Governor’s Declaration of Emergency Items
| Legislative Session | Governor Declares Emergency Items |
|---|---|
| 89th (2025) | February 2 (Day 20 of 140) |
| 88th (2023) | February 16 (Day 38 of 140) |
| 87th (2021) | February 1 (Day 21 of 140) |
| 86th (2019) | February 5 (Day 29 of 140) |
| 85th (2017) | January 31 (Day 22 of 140) |
| 84th (2015) | February 17 (Day 36 of 140) |
First Floor Calendar With Bills for Consideration
| Legislative Session | First General House Calendar Published | First Senate Intent Calendar Published |
|---|---|---|
| 89th (2025) | None Published Yet | February 4 (Day 22 of 140) |
| 88th (2023) | March 28 (Day 78 of 140) | March 7 (Day 57 of 140) |
| 87th (2021) | March 24 (Day 72 of 140) | March 16 (Day 64 of 140) |
| 86th (2019) | March 19 (Day 71 of 140) | March 25 (Day 49 of 140) |
| 85th (2017) | March 1 (Day 51 of 140) | February 6 (Day 28 of 140) |
| 84th (2015) | March 16 (Day 63 of 140) | February 23 (Day 42 of 140) |
Disclaimer: The information only counts the appearance of the first Senate Intent Calendar or House Major-State or General Calendar comprised of bills that are not simple resolutions.
Legislative Proposals to Change the System
Some lawmakers have pushed for reforms to eliminate or modify the 60-day restriction, arguing that it slows down legislative productivity and gives undue power to the governor.
Proposals Introduced in the 89th Legislative Session:
- HJR 54 (State Rep. Cody Vasut, R-Angleton) – Eliminates all restrictions on when lawmakers can introduce, consider, and pass legislation.
- HJR 152 (State Rep. Richard Hayes, R-Hickory Creek) – Removes the structured 30-day committee period but retains emergency items.
- SJR 42 (State Sen. Brian Birdwell, R-Granbury) – Maintains the 30-day introduction period but lowers the vote threshold needed for lawmakers to consider priorities.
- HJR 158 (State Rep. Tony Tinderholt, R-Arlington) – Gives lawmakers more flexibility early in the session while keeping some existing structure.
As of publication, none of these proposals have received a public hearing.
Conclusion
The 60-day restriction at the start of each Texas legislative session is a defining characteristic of the state’s lawmaking process. While it shapes the pace and structure of the session, its impact varies depending on the priorities of the governor and the strategies of lawmakers.
Understanding this process is essential for anyone engaged in Texas politics, as it influences when and how legislation moves forward. Whether this approach remains in place or evolves in future sessions will ultimately depend on the priorities of both lawmakers and voters. For now, the first 60 days remain a unique feature of the Texas Legislature, setting the stage for the flurry of activity that follows.
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