Texas Government
Chapter 8 – Texas Executive
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The strength of an individual governor’s personality can overcome many of the limitations imposed on the
office.
Governor
o Requirements
 30 years old
 US Citizen
 Texas Resident for five years prior to gubernatorial election
 Can serve an unlimited number of terms
 Perry holds record for longest time in office (in 2015 when he leaves office he will have been
governor for more than 14 years – became governor in December of 2000)
o Partisanship
 Democrats dominated since Civil War
 Democrat governors have still been conservative even though Democrat
 Bill Clements – first Republican governor since Reconstruction
 George W. Bush – Republican; won 1994 governor election and signaled a changed in Texas
party politics
o Compensation
 $150,000 (as of 2009)
 Staff and maintenance for governor’s residence
 Live in the governor’s mansion
 Political donors can help cover the costs of luncheons, dinners, receptions, and other social
activities
 Cannot hold other offices or other employment while in office and cannot have a promise of pay
for future employment while in office
 Bush and Perry placed assets in a blind trust to avoid appearance of economic conflict of
interest
o Succession
 In case of death, resignation, inability to serve, or removal from office
 Order
 Lieutenant Governor
 President Pro-Tempore of the Senate
 Speaker of the House
 Attorney General
 Chief Justices of the 14 Courts of Appeals in ascending order
o Removal
 Articles of impeachment by House of Representatives
 Removal from office by 2/3 of the present members of the Senate
 If convicted and removed – disqualification from any future appointed or elected state office –
does not prevent them from holding a federal office.
 After removal they may face regular civil or criminal trial and appropriate penalties
 James E. “Pa” Ferguson
 Misuse of state funds
 Feud with faculty and administrators of University of Texas
Texas Government
Chapter 8 – Texas Executive
o Staff
 Grew steadily even through budget cuts to over 300 under Ann Richards
 Cut to 266 under Perry
 Appointed and removed by governor without involvement of Senate
o Informal Powers
 Stem from governor’s popularity with the public and on the traditions, symbols, and ceremonies
 Texas First Lady can enhance the image of the governor with her initiatives
 Anita Perry – first spouse of a governor to hold employment while their spouse was in elected
office
o Executive Powers
 Appointive Power (most important)
 Used as a reward for friends and political supporters
 Can be filled with ideologically similar individuals who are willing to carry out the
agenda of the governor
 Strong correlation between donations and appointments
o Bush – $1.4 Million from 413 contributors who later were on 50 of the state’s
most important boards and commissions
o Perry – $3.8 Million from 330 appointees to 235 agencies, boards, and
commissions
 Department Heads
o Secretary of State
o Adjutant General
o Commissioners – education, insurance, firefighters’ pensions
o Chief Administrative Law Judge of State Office of Administrative Hearings
 HB7 (2003) significantly increased the appointive power of the governor
 Checks on Appointive Power
o All appointees do have to have consent of the Texas Senate – advice and
consent
o Recess Appointees – Governor can appoint members to serve while Legislature
is not in session; must submit the names for approval within 10 days of
reconvening of Senate
o Most Members have a six year term limit
o Only 1/3 of members of a board finish a term every two years
 Can appoint interim US Senator if a seat becomes vacant as well as the elected
members of the Railroad Commission, state judges, and State Board of Education in case
of vacancy
 Calls special election if there is a vacancy in the Texas House of Representatives, Texas
Senate, or the US House of Representatives
 Removal Power
 No independent removal power over most state agencies
 Cannot remove elected departments heads and subordinates
 May pressure an appointee to resign or accept another appointment
 Can remove their own appointees with consent of 2/3 of Senators present
 Cannot remove appointees of previous governors
Texas Government
Chapter 8 – Texas Executive
 Military Power
 Commander in Chief of the military forces of the state
o Texas Army and Navy National Guard and Texas State Guard
o Declare martial law
 Law Enforcement Power
o Primary law enforcement power rests with city police departments and sheriff’s
offices
o DPS
o Texas Rangers – small division of highly trained DPS officers (120 current officers
of 134 authorized positions)
 Budgetary Power
o Must present a budget for consideration by the legislature at the start of each
legislative session
 Generally the governor’s proposed budget is disregarded in favor of the
budget presented by the Legislative Budget Board
o Perry’s 2003 “zero” budget – know the justification
o Line Item Veto
 Executive Orders and Proclamations
 Executive Order
 Identified by governor’s initials and numbered chronologically
o RP65 – Mandatory HPV Vaccines
 Proclamation - Official public announcement normally for ceremonial purposes
o Public Emergency (example; H1N1 proclamation)
o Disaster Area (Ike and Dolly Hurricanes in 2008) – qualifies some individuals,
businesses and local governments for financial assistance
o Calling special sessions of the legislature, special elections, and announcing
ratification of constitutional amendments.
 Economic development
 Criticisms – governor’s personal slush fund that he or she can use to award large
amounts of funding to businesses or organizations that the governor favors
 Texas Enterprise Fund (TEF) – State funded institution used to attract or retain industry
in Texas
 TexasOne – nonprofit government organization created to obtain tax deductible
contributions from corporations to attract businesses from other states and countries
by showcasing economic opportunities of Texas
 Emerging Technology Fund (ETF)- help small to midsize companies develop new
technology for high-tech industries including the mapping of the human genome
 Message Power
 Deliver State of the State Address at the beginning of each regular session of the
legislature
 Success depends on timing, volatile issues, support by power centers in legislature and
governor’s personal popularity with public
 Bill Signing Power
 No Pocket Veto
Texas Government
Chapter 8 – Texas Executive
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 Must sign within 10 calendar days (except Sundays) during session
 Bills become law if not signed or vetoed in that time frame
 Has 20 calendar days (except Sundays) after the end of the session
Veto Power
 Line Item Veto – created to cut the spending that comes from pork-barrel politics
 Postadjournment Veto – kills a bill and the legislature has no way to override it because
they are out of session
 “Father’s Day Massacre” – Perry vetoed 78 bills at 9PM on the last possible day to veto
in 2001
Special Sessions Power
 Only last 30 day at maximum
 Unlimited in number of sessions that can be called
 Legislature may only address items listed by governor in the reasons for the session
 Governor can add agenda items during the session
Judicial Power
 Parole and Pardon (Rare in Texas)
o Full pardon or conditional pardon upon recommendation of the Board of
Pardons and Paroles
o Can reduce or set aside parts of a court-imposed penalty through pardon,
reprieve or commutation of a sentence
o Roper v Simmons (2005) – people cannot be executed if they were minors at the
time of the crime; violates Cruel and Unusual Punishment Clause of 8th
Amendment
 Often used to diversify the state judicial system
o First African American justice to serve on the Texas Supreme Court, Wallace
Jefferson, appointed by Perry
 More than half of current judges and justices first got their job through governor
appointment to fill the vacancy in the office
 Can remove any judge with 2/3 support from each house of the legislature
Plural Executive
o Executive Powers are split into several individuals and two elected boards
o Reaction to Governor E.J. Davis’ attempts to allow greater political equality for African Americans and
the consolidation of power under Radical Republican rule in Texas during Reconstruction
o Lieutenant Governor (David Dewhurst)
 Most powerful position in the executive branch
 Power stems from function within the executive branch as president of the Senate
 If there is a vacancy the Texas senate will choose one of their members to fill the office as acting
lieutenant governor
 $7,200 salary (like the rest of the legislature) – may hold another paying job
 Donors may “catch the late train” by donating to election winners after the end of the campaign
o Attorney General (Greg Abbott)
 Represents state in civil litigation
 Issues advisory opinions on legal questions when requested by state and local authorities (are
not legally binding)
Texas Government
Chapter 8 – Texas Executive
 Oversees child support collection, enforcement, and prosecution
 First Latino head of an executive department – Attorney General Dan Morales
 Morales was indicted for filing a false tax return and mail fraud
 Handled high profile multi-billion dollar lawsuits against tobacco industry
 Greg Abbot sued the government protesting the constitutionality of the Affordable Care Act
o Comptroller of Public Accounts (Susan Combs)
 Influences legislature by providing the revenue estimates that the legislators must use to create
the budget
 Carole Strayhorn and Rick Perry displayed a tumultuous relationship which eventually led to her
challenging him as an independent candidate in 2006
 Combs created a website for the public to track how all of the state money is spent and promote
transparency in government
 Supervises all state revenues and expenditures
o Commissioner of the General Land Office (Jerry Patterson)
 Also referred to as the Land Commissioner
 Supervises contracts for companies to use/lease public lands
 Oversees the veterans benefits and loans program through Veterans Land Board
 Oversees the Permanent School Fund
 Funded by oil and gas leases, rentals and royalties that bring in over $700 Million a year
for public schools
 Patterson
 Controversial policy of reducing offshore drilling restrictions for companies in order to
increase oil and gas production
 Supported and enforced the Texas’s Open Beaches Law
o Commissioner of Agriculture (Todd Staples)
 Supposed to be a “practicing farmer” – meaning is somewhat vague
 Winning this office is largely determined by name recognition
 Control over the use of controversial pesticides and herbicides
 Control over the state portion of the public school lunch programs
 Consistent trends in the last decade in the restriction of sodas, candy, fried foods and
other “foods of minimal nutritional value” until the end of the school day
o Secretary of State (Nandita Berry)
 Only constitutional executive officer appointed by the governor
 Has to be confirmed by 2/3 of the Senate
 Chief elections officer of the state
 Grants charters to Texas corporations
 Issues permits to outside corporations to do business within Texas
 Processes extradition of criminals to or from other states
 Processes and retains funds that have not been able to be returned to the owner (Example:
Rebate checks or refunds for overpayment to individuals who have changed addresses)
o State Board of Education (SBOE) – 15 members
 Sets curriculum and graduation standards for the state
 Elected in districts of equal population across the state
 Chairman appointed by governor with confirmation from Senate
Texas Government
Chapter 8 – Texas Executive
 Designs and reviews the Texas Essential Knowledge and Skills (TEKS) for state curriculum
 Not paid
 Oversees educator standards
o Texas Railroad Commission (3 Members)
 Members are elected in statewide elections for 4 year terms
 Regulate oil and natural gas production for the state
 No longer oversees railroads since responsibility was passed to the Texas Department of
Transportation (DPS)