State Senate
In 2008, running as a Democrat, Davis narrowly defeated incumbent Republican Senator Kim Brimer for Texas's 10th Senate district, which includes portions of Tarrant County, Texas, despite a legal challenge against her candidacy by the state Republican Party. Davis was re-elected in 2012, defeating a challenge from Mark M. Shelton, a Fort Worth pediatrician and Republican member of the Texas House of Representatives, who would seek the 10th district seat again in 2014.
Davis was the vice-chair on the Senate Select Committee on Open Government. She was also a Member of the Senate Committee on Economic Development, the Senate Committee on Transportation, and the Veteran Affairs and Military Installations Committee. She had previously served on the Senate Committee for Education and as vice-chair on the Senate Committee on International Relations and Trade.
On May 29, 2011, Davis launched a filibuster of a budget bill that cut $4 billion from public education in the state, resulting in a special session called by Texas Gov. Rick Perry.
In 2009, Texas Monthly named her "Rookie of the Year". She was also chosen by the readers of Fort Worth Weekly as the "Best Servant of the People". In January 2012, Davis was listed among "12 State Legislators to Watch in 2012" by Governing magazine and was mentioned as a possible candidate for statewide races.
Early in the 83rd Session, senators drew for terms in a post-redistricting, once-a-decade process. Davis drew a two-year term and was up for re-election in November 2014. In March 2013, she announced her intention to run for re-election to the Senate. On October 3, 2013, she changed her mind and announced a candidacy for governor of Texas instead of re-election to the State Senate.
On June 25, 2013, Davis performed a filibuster to block Senate Bill 5, a proposal to ban abortions after 20 weeks of pregnancy, require abortion clinics to meet the same standards that hospital-style surgical centers do, and mandate that a doctor who performs abortions have admitting privileges at a nearby hospital. She attempted to hold the floor until midnight, when the Senate's special session ended, after which it would no longer be able to vote on the measure. Following an 11-hour filibuster—ending three hours short of midnight—Lieutenant Governor David Dewhurst ruled that Davis had gone off topic, forcing a vote on whether the filibuster could continue. Despite Republican efforts, parliamentary inquiries from Leticia R. Van de Putte and others as well as raucous cheering and yelling from the political activists gathered in the Capitol carried on through midnight and the close of the special session. Following the deadline, Republicans indicated that a vote had taken place and passed, while Democrats declared that the vote had taken place after midnight, making it void. Dewhurst later conceded that the bill was dead.
The next day, Governor Rick Perry called for a second special session to allow for another attempt to pass the abortion restrictions, as well as to address other issues. The bill was eventually passed by both the House and the Senate in the July 2013 second special session, prompting one commentator to state that "Wendy Davis won the battle, but Rick Perry won the war." The bill was signed by Gov. Rick Perry on July 18, 2013.
The filibuster attracted national attention, including from The New York Times and The Washington Post. National fundraising by and speculation about a gubernatorial run for Davis also followed. She was encouraged to run by groups like Battleground Texas and EMILY's List.
During the filibuster, Davis wore hot pink sneakers known as Mizuno Wave Rider 16. Following the filibuster, the sneakers became "the bestselling shoe on Amazon.com and an unlikely feminist symbol". Davis's sneakers gained national attention.