Special sessions explained: How they work, what the rules are

AUSTIN (KXAN) — Texas's constitution limits the legislature to just 140 days every other year to pass new laws. However, it also lets the governor call for "special sessions" between those biennial regular sessions.

From 1876 until 2025, the state has had more than 100 special sessions, according to the Legislative Reference Library of Texas, or LRL. Governors average slightly over two extra sessions between regular ones.

What rules does the Governor have to follow?

Texas' special sessions first began during the Civil War, when most of the state's rules about the sessions were not established. The 1876 Texas Constitution created the rules used in our modern special session rules.

When the Legislature shall be convened in special session, there shall be no legislation upon subjects other than those designated in the proclamation of the Governor calling such session, or presented to them by the Governor; and no such session shall be of longer duration than thirty days.

Texas Constitution of 1876, section 30

Here are the rules placed on the Texas Governor:

• During a regular session, they can announce there will be a special session;
• Must issue a proclamation setting a session's start date and its topics; and,
• Can add topics during a special session.

The LRL has answered questions about special sessions that it gets frequently, which provide additional insight into what a governor can and can't do:

• No limit to how many special sessions can be called;
• Can't convene a special session until a session adjourns;
• Can convene on the same day a session adjourns; and,
• Breaks between sessions are not required.

What rules do lawmakers have to follow?

Here are the rules placed on the Legislature:

• Can only meet in special session for 30 days maximum;
• Can only file legislation related to the topics chosen by the governor; and,
• Can submit resolutions that aren't related, but joint resolutions must be related.

The Texas Senate and its House of Representatives use slight modifications to their rules of procedure during special sessions. These rule changes mostly serve to tighten up time frames to work within the shorter session.

For example, House rules require committees to post notice of a public hearing at least five days before said hearing. During a special session, committees are only required to post notice 24 hours beforehand.

Bills can be filed 30 days prior to the start of a special session.

Topics set tone, tempo of sessions

A governor isn't limited in how many topics they can call. In 1918, Gov. William Pettus Hobby called a special session with 172 topics. In 2013, Gov. Rick Perry called a session with just one topic.

Fewer topics before the legislature should help focus lawmakers' efforts. That 2013 session ended with the legislature passing an infrastructure bill after seven days.

However, it would be inaccurate to say that fewer topics mean a shorter session. A 1989 special session called by Gov. William Clements, Jr. asked lawmakers to only address "reform of the worker's compensation system." It lasted 29 days and passed one bill.

A politically contentious topic can stir up more debate and pushback from opponents, which eats up the session's limited time.