Texas Executive Branch
Texas Governor:
Formal Requirements
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30 years old
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citizen of US
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Resident of Texas for 5 years.
Texas Governor
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Length and Number of Terms
– Four year term with no term limits
Salary
– 2007 Governor’s salary was $115,345
Impeachment
– Executive positions are subject to impeachment by the legislative branch
Succession
– The constitutional declaration that the lieutenant governor succeeds to the
governorship if there is a vacancy
Governorships and “Outsiders”
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Voters prefer presidents with prior experience in public office
Not so governors
Many have come from outside of government
Texas: Bill Clements, George Bush
California: Ronald Reagan, Gray Davis, Arnold Schwarzenegger
Minnesota: Jesse Ventura
Governors vs. Presidents
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Americans tend to think of governors as mini-presidents
– In complete control of executive branch
– Primary person to identify policy priorities
In a very few states this is true
In most states, including Texas, it is not
Governors have different powers from presidents
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Appointment
– Does the governor select members of his / her own administration?
Budget
– Is the governor responsible for drafting the annual budget?
Tenure
– How long is the governor’s term and how many terms may she or he serve?
Veto
– What is the governor’s power to veto legislation?
Gubernatorial Power
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Over the administrative branch
– Can the governor be the chief executive, making sure state agencies are well run?
Vis-a-Vis the legislature
– What is the governor’s influence over the state’s policy agenda?
Appointment – Texas’s Plural Executive
Executive article of the U.S. Constitution:
– The executive power of the US shall reside in the office of President
Executive article of the Texas Constitution:
– The executive office of the State of Texas “shall consist of a Governor, who shall
be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of
State, Comptroller of Public Accounts, Treasurer, Commissioner of the General
Land Office, and Attorney General
Reasons for the Texas Plural Executive
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Desire to avoid evils of reconstruction by fragmenting power as much as possible
Republican governor Edmund Davis had near-dictatorial powers
So, voters directly elect many members of the executive branch instead of the
governor appointing them
Other Members of the Texas Plural Executive
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Lieutenant Governor
Comptroller of Public Accounts
Treasurer (since eliminated)
Attorney General
Commissioner of the General Land Office
Commissioner of Agriculture
Railroad Commissioner
Members, State Board of Education
Lieutenant Governor
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Primarily a legislative official
Head of the Texas State Senate
Not a member of the governor’s administration
No team election with the governor
Attorney General
Most important state official after governor and lieutenant governor
In many states is the “governor in waiting”
State’s key civil attorney
– No role in the criminal system
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Defends state against lawsuits and may sue individuals to enforce compliance with
the law
– Consumer and workplace safety rules
– Anti-fraud statutes
– Child support enforcement
State Comptroller of Public Accounts
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State’s tax collector and estimator of future revenue
Texas adopts a biennial (two-year) budget
State constitution requires a balanced budget
Comptroller must certify budget adopted by legislature – if not, legislature must
change
Audits expenditures by state agencies
Commissioner of the General Land Office
• The State of Texas owns far more land than is true of most states
• 1845 annexation of Texas as a state gave to the state “all vacant and unappropriated
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lands” in Texas
State dedicated land revenues to Public School Fund and Permanent University Fund
Oil discovered in early 1900s
Land Commissioner negotiates leases and royalties
Also responsible for environmental rules such as
– Coaster zone management
– Beach cleanups
– Corporate recycling programs
Agriculture Commissioner
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Elected position created by the legislature, not the Constitution
Supports agricultural research
promotes state agricultural products nationally and internationally
Enforces agricultural regulations
Regulates packaging and labeling of agricultural products.
Texas Railroad Commission
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Members elected to six-year staggered terms
Originally regulated railroad rates
– Railroads were monopolies
– Rates vital to farmers and ranchers needing to get their products to market
Later assigned responsibility to regulate state oil and gas production
– Related to its transportation to market function
Texas State Board of Education
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Public education – K – 12
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Education also managed by education commissioner, appointed by the governor
And the Texas Education Agency
Makes some general, but not absolute, rules regarding curriculum and textbook
content
Other Texas State Agencies
A few, particularly those create in recent decades, are headed by gubernatorial
appointees
BUT
Many are directed by boards or commissioners selected to staggered terms
And the Texas governor may not remove administrative agency leaders, even the
governors own appointees, without approval of the state legislature
Appointive and Removal Powers of the Governor
Governor appoints members of over 200 Boards and Commissions that oversee
agencies created by state law
Most board members serve six-year staggered terms.
Appointment requires approval of two-thirds approval in the senate
Senatorial Courtesy: A senator can block the nomination of person who lives in their
district.
Gubernatorial Selection (appointment) of Agency Leaders
Sometimes called a “cabinet” government
Governor appoints leaders of state agencies, usually with Senate approval
Selected agency leaders:
– Serve as advisors to governor in their respective policy areas (the cabinet)
– Share similar political values with governor
– Coordinate activities of state agencies through gubernatorial orders and similar
values
Agency Policy Making
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Government agencies (bureaucracies) implement laws passed by the legislature
BUT
Legislative acts are necessarily general
– Agencies must decide the details of implementation via agency rules
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Agencies have multiple responsibilities
– Agency leaders can decide which to emphasize and which to minimize
Example: Rule Making Details
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The State Board of Education may be responsible to identifying “quality” K-12
textbooks
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Is a “quality” biology book one that emphasizes evolution only, creationism only, or
both?
Example: Emphasizing some tasks
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Attorney General
Should the Texas Department of Justice allocate more resources to enforcement of:
– child support?
– environmental regulations?
– labor union restrictions?
Agency Leader Selection and the Voters
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Gubernatorial appointment
– Voters know who to praise or blame if government is working well or full of
scandals
– The governor selected them and can be blamed for selecting bad individuals
Independent selection
– Voters tend to praise or blame the governor for the condition of the state
– But a scandal-ridden agency may be headed by someone over whom the
governor has no control
Independent Selection of Agency Leaders
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“Independent” may be by popular election, or selection by a board or commission
Do not necessarily share same political views as governor
May be governor’s political opponent in an upcoming election
Governor cannot use as trusted advisers
Work independently for either personal or agency benefit
Agency Leader Selection and the Voters: The “Long Ballot”
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Long versus short ballot states
The long ballot provides greater voter choice
BUT ALSO
Elections where voters have little knowledge
And voter exhaustion (failure to vote for anybody for low visibility offices)
The Texas Long Ballot
• Texas Officials you elected in 2006
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Senator
U.S. Representative from your district
Governor
Lieutenant Governor
Attorney General
Comptroller of Public Accounts
Commissioner of the General Land Office
Commissioner of Agriculture
Railroad Commissioner
Member State Board of Education for your district
– State Senator for your district
– State Representative for your district
The Texas Long Ballot, continued
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Chief Justice, Texas Supreme Court
Justice, Texas Supreme Court, Place 2
Justice, Texas Supreme Court, Place 4
Justice, Texas Supreme Court, Place 6
Justice, Texas Supreme Court, Place 8
The Texas Long Ballot, continued
Presiding Judge, Texas Court of Criminal Appeals
Judge, Court of Criminal Appeals, Place 7
Judge, Court of Criminal Appeals, Place 8
Chief Justice, 2nd Court of Appeals District
Judge, 2nd Court of Appeals District
District Judge, your district
Criminal District Judge, your district
Family District Judge, your district
District Attorney, your district
Criminal District Attorney, your county
Governor and the Legislature:
Veto
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Governor may veto any bill, except constitutional amendments or bills of
impeachment
2/3 vote of each house required to override governor’s veto
Short legislative session makes governor’s veto very powerful
Threat of a veto by governor can lead legislature to change a bill before adoption
Governor and the Legislature:
Item Veto
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Item veto applies to appropriation bills only – those allocating funds
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Term “Item Veto” comes from standard line item budget
General veto applies to entire bill
Item veto allows governor to veto one ore more items in a bill while approving the rest
of the bill
Example of line item budget:
Texas Tech University (Sample only)
Chancellor’s office
– Salaries
– Development
• Administration
• Scholarships
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Faculty Salaries
General operating expenses
New Science building
New Track Stadium
TTU Museum
Special ESL Training Program
Information Technology Infrastructure Upgrade
Etc. through 50-100 additional items
Governor and Legislature:
Special Sessions
Legislature limited to meeting 140 days every two years
Governor can call legislature into a special session for 30 days
– Governor can multiple special sessions one after the other
During special sessions, governor controls legislative agenda
Due to low legislative pay, threat of a special session can influence legislation during
the regular session
Governor and the Judiciary
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No selection of judges – all elected
Pardon and commutation (clemency)
– Pardon – forgive crime and set individual free
– Commutation – reduce length of sentence
Governor can pardon or commute only upon recommendation of Board of Pardon and
Paroles
Can stay an execution for 30 days only
Governors and Personal Power
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Instead of the Chief Executive
The Texas governor might be better labeled the state’s Chief Persuader
Uses personal skills to get things done
– Party or personal relationship with legislative and political leaders
– Public opinion leadership
– Negotiating ability
– Potential for future office