Brian Christian Consulting

It had started so well. The bill author had laid out his bill before the House Committee on Environmental Regulation. There was broad support—witness after witness, across the spectrum, had come forward to endorse the bill—and there was zero opposition. Some committee members, however, had some questions for the state agency “expert.”

I was a Legislative Liaison for the Texas Commission on Environmental Quality (TCEQ), there to support the agency’s expert on this bill. Before the meeting, we had gone over the strategy—only answer the question being asked, make sure we remain neutral on the bill, etc.

Back to the hearing. My expert witness is called forward. He goes to the microphone, bids the members good evening, introduces himself, and states what his position at TCEQ is. Perfect. First question—answered. Second question—answered. We’re in good shape. Third question—answered. Then, a pause. It is in this space of just a few seconds that I lose my resource witness. He begins to opine. He veers off subject!

Something he says catches their attention. One member leans forward. Now he has questions. The witness doesn’t know the answers. Another member chimes in. The witness can’t address her question either. Indeed, he’s struggling now. The Chairman looks down both sides of the dais, raises his eyebrows, considers the other bills they have on their agenda tonight, and steps in to stop the bleeding. “Well,” he says in an arid Panhandle drawl, “sounds like we have some questions about this bill. We’ll leave it pending and look forward to the agency’s follow-up to our questions.”

The bill’s author closes then turns up the aisle to leave. His chief of staff catches my eye and telepathically tells me to follow them back to their office. I fall in line, a few paces behind, but I have trouble keeping up. We enter his office, he wheels on me, and says, “What was THAT??” I have no good response in this moment but am pretty sure I don’t want to be there.

That TCEQ expert witness never went to the Capitol again. And the bill? It died.

There is a lot to unpack here. So many things went wrong that I took away many lessons. I’ve been training resource witnesses on how to testify before the Legislature for over 20 years. This experience is one of the examples I frequently cite when talking about WHAT NOT TO DO.

Below are essential approaches that anyone can use when they’re called testify on a bill. Some of these tips seem self-evident, but your brain sometimes empties out when you go to the witness microphone, even if you have all the experience in the world. I think it’s always a good idea to refresh yourself on these before you go into a committee hearing.

And, as I write this, committees are really getting up and running, so it seems timely!

Preparation, preparation, preparation. Most of the time, committee hearings are posted with enough advance notice that you can prepare. Take the time to do so. One approach I’ve used in my training is to hold a mock hearing with my witness. We brainstorm what might come up, based on our knowledge of each committee member’s relative experience with the issue (or how they might feel about the entity you’re representing). We ask hard questions to help craft the right answer. It ensures they understand the bill on which they’re testifying and that we’ve at least anticipated as many issues (and our responses) as we can. This exercise can also help a witness feel prepared and more confident.

Remember to introduce yourself, take a few seconds to tell them what you do, and state your position on the bill. Like I said, self-evident, right? Except many witnesses don’t do this. They launch right into their remarks. The Chairman usually stops and backs them up, which is awkward and eats time. Also, saying who you are and your position on the bill is required. Finally, you want to succinctly communicate that you’re an expert and they want to hear from you.

Keep it short. Look at any committee meeting posting, and there is almost always a dozen or more bills up for consideration. Because the Legislature runs on a timer, the committee members and the bill authors want to get through the hearing without leaving anything unheard. It’s also nice to get them out before 4AM. You will do yourself, the bill author, and the committee a favor if you’re succinct. If a witness drones on and on, it can hurt the bill. We call that “talking a bill to death.” Also, some committees will set time limits, usually around three minutes. Beating that timer is never a bad idea!

If you submit written testimony, DON’T READ IT. Reading your submitted written testimony from the witness table is a particularly bad idea. Members do not like watching someone read prepared remarks. They prefer you allude to, and summarize, them. I remember one witness so bound and determined to work their way through their written remarks, the committee clerk texted the witness’ handler, “Get the hook.” A better approach is to reference that you have submitted written testimony, and you only wish to call their attention to a few key points.

Don’t repeat previous testimony. This is almost too tempting to avoid. You’ve waited all day, and you want to have your say. Often, however, previous witnesses have already made your points. Listen to what others say and adjust your remarks accordingly. Then, when you go up, acknowledge your support of prior testimony and only mention anything that you have that’s new.

Listen to the question and answer only the question asked. The first part of this can be tricky. Some witnesses think they know what’s going to be asked and start to answer before the member finishes. So, you’ve interrupted them. Let them finish. If you don’t quite follow what they’re asking, it’s OK to ask for clarification or politely offer to restate their question. Don’t write down what they’re asking. Instead, give them your full attention. Next, only answer the question being asked, which circles me back to my real-world example above. My expert witness decided to start talking about something he wasn’t asked about, which in turn led to more questions and the ultimate demise of the bill.

These are just some thoughts on how to successfully navigate testifying at a committee hearing. I want to re-emphasize the point on how long you speak. Time is particularly important as session goes on and the hour grows late. I’ve seen Committee Chairmen in April and early May tell witnesses that the longer they go, the slimmer the chances the bill goes to the Governor. That’s not because of the merits of the bill—it’s simply a matter that the clock is winding down.

I hope this has been helpful. If you have any questions about these tips or want to discuss your strategy for testifying on a bill, please don’t hesitate to contact me!