Photo by Levi Guzman on Unsplash
It’s not too difficult a nut to crack, but Texans are nuts about pecans. And who can blame them? A slice of pecan pie with a scoop of Blue Bell® Homemade Vanilla on top is just about as Texan as one can get. We all know it and so does the Texas Legislature. Through the action of the legislature, the pecan has gained a place of honor in the long list of state symbols. It is represented by the state tree, the state health nut, and, of course, the state pie.
So, how does something become a state symbol here in the Lone Star State? It all begins with the Texas Legislature. Chapter 391 of the Texas Government Code vests the power to designate a state symbol in the Legislature. Before something can be designated as a state symbol, the legislature must specify “an item’s historical or cultural significance.” For instance, in choosing the mockingbird as the state bird in 1927, the Legislature adopted the recommendations of the Texas Federation of Women’s Clubs, which believed the mockingbird to be the “most appropriate species for the state bird of Texas, as it is found in all parts of the state,...is a singer of distinctive type, a fighter for the protection of his home, falling, if need be, in its defense, like any true Texan.” Certain limitations are also imposed upon the things that can be named as a state symbol. No people, places, events, or commercial products can receive such designation. (Events and places have their own special designations as provided in Tex. Govt. Code § 391.003.) Any member of the legislature may file a resolution or bill naming such symbol, but both the House of Representatives and the Senate must pass the resolution or bill. The resolution or bill then goes to the governor for signature.
Generally speaking, resolutions designating an item as a state symbol do not become law. In Texas, there are three types of resolutions: joint, concurrent, and simple. Joint resolutions are used when proposing amendments to the Texas Constitution. These resolutions follow a similar path as a bill. Concurrent resolutions are “used when both chambers have interest in a particular matter.” Concurrent resolutions are the typical mechanism by which state symbols are designated. A simple resolution relates to matters concerning the originating chamber only. These resolutions are not submitted to either the governor or secretary of state.
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Almost all of the state symbols have been designated as such by concurrent resolution. There are a few exceptions. Acts 2017, 85th R.S., ch. 394, General and Special Laws of Texas designated the Lady Bird Johnson Wildflower Center at The University of Texas at Austin as the state botanical garden and arboretum. This particular House Bill, H.B. 394, became section 3101.013 of the Texas Government Code. The state’s official plays were so designated by Acts 1979, 66th R.S., ch. 310, General and Special Laws of Texas. Last, and certainly not least, the pecan tree was named as the Texas State Tree by Acts 1919, 36th R.S., ch. 97, General Laws of Texas. The official plays, state tree, and a host of other state symbols became a part of the Texas Government Code when Title 11 was adopted pursuant to Acts 2001, 77th R.S., ch. 1420, General and Special Laws of Texas.
Although neither the pecan nor pecan pie appears in the Texas Government Code, they are nonetheless recognized as being uniquely Texan. Acknowledging the nutritional and health benefits of the pecan as well as the significant contribution it makes the state’s economy, growing commercially in more than 70 percent of the state’s counties, the 77th Legislature designated the pecan as the state health nut in 2001. See Tex. S. Con. Res. 12, 77th Leg., R.S., 2001 Tex. Gen. Laws 6406. Perhaps, not as healthful but inarguably more delicious, the pecan pie was designated as the official state pie of Texas in 2013. In support of the designation, the resolution’s author and sponsor noted that
Pecan pie recipes are varied and numerous, with differences regarding the sugar-to-syrup ratio and the size and consistency of the nuts, and are a matter of debate, strong opinion, and deeply held family tradition; yet Texans generally agree on two things: Texas pecan pies are, hands down, the best, especially when made with Texas pecans by a Texan, and secondly, whether served hot or cold, with a scoop of ice cream or without, pecan pie is indeed the perfect ending to any meal.
We here at the Law Library wholeheartedly agree. So, on this National Pecan Pie Day, we invite you to enjoy the day with a slice of your favorite pecan pie. It’s as Texan as, well, pecan pie.