The Texas
Government – State
and Local
Unit 8, Section Four Notes
The Texas Constitution
The Texas Constitution is the basis of the state’s
government and provides us with the basic laws
of the state. The current Texas constitution was
approved in 1876, after the end of
Reconstruction, and is the fifth constitution that
Texas has had a state. It is modeled after the
U.S. Constitution, and it reflects six principles of
government found in the U.S. Constitution –
popular sovereignty, limited government,
separation of powers, checks and balances,
federalism, and individual rights.
Popular Sovereignty
Definition: All political power comes from the
People.
The Texas Constitution clearly states this
principle and is often called the people’s
document. The purpose of the constitution is to
serve Texans and protect their rights.
Limited Government
Definition: Principle of government in which
power is limited by set laws, such as those in a
constitution. It requires all U.S. citizens,
including government leaders, to obey the law.
For example, if elected officials break any laws, they
may be impeached or arrested. Also, the state
cannot take away a Texans’ right to free speech.
Separation of Powers
Definition: Principle of government in which
powers are divided among different government
branches.
This principle helps prevent any one branch
from becoming too powerful. In Texas, just like the
U.S., we have three branches of government:
executive, judicial, and legislative. They each have
separate powers that override one another, like
rock, paper, scissors!
Checks and Balances
Definition: Government arrangement by which
each different branch has the power to check, or
restrict, the power of the other branches.
Under this system, each branch has a way to check,
or limit the powers, of the other two branches. For
example, the governor can veto a law, but the
legislature can override the president’s veto. This is
the principle that gives each branch the “rock,
paper, scissors” power!
Federalism
Definition: A system of government where power is shared or
balanced among the central (or federal) government and the
states.
Federalism states that powers should be either divided or
shared between the U.S. government, and the state
governments, and those powers are listed in the
Constitution. For example, only the U.S. government can
coin money. Texas can’t just start making its own currency.
Also, only state governments can establish
public schools. Still, some powers are shared. For
example, both the U.S. government and the Texas government
can collect taxes.
Individual Rights
Definition: A personal liberty and privilege
guaranteed to U.S. citizens by the Bill of Rights.
Individual rights is the principle that states that we
all have rights, such as freedom of speech and
freedom of religion. These rights are guaranteed in
our Bill of Rights. Both the U.S. and Texas
Constitutions have a Bill of Rights, and they both
end by stating that the government can never take
away these rights.
Republic
A republic is a government in which voters elect
officials to represent them. Just like the U.S., the
Texas government is not only a democratic
government, but a republic as well. Since we can’t
all go to Washington to help make the laws of our
nation, we have elections to choose the people who
will make the best decisions for us and the nation.
These officials are then responsible to the voters to
make the right decisions. If not, they won’t be
reelected!
U.S. v Texas Constitutions Similarities
• Both set up a government with three branches:
executive, legislative, and judicial.
• Both constitutions contain a bill of rights and
preamble.
• Both include information about the power to
impeach government officials.
• Both are based on the 6 principles of
government.
• Both establish a republican form of government.
• Both create elaborate court systems.
U.S. v Texas Constitutions
U.S. Constitution
• 7 Articles in the
Constitution
• Creates a Federal
Government
• The supreme power of
the land is the U.S.
Constitution
• 50 states
• The U.S. government
cannot establish public
schools.
Texas Constitution
• 17 Articles in the
Constitution
• Creates a State
Government
• Any powers not given to
the U.S. government must
be given to the state
governments
• 254 counties
• Gives the states the
power to create public
schools.
U.S. v Texas Constitutions –
Bill of Rights
U.S. Constitution
Texas Constitution
• The first ten
amendments of the
Constitution are known
as the Bill of Rights. In
all, the Bill of Rights
now contains 27
amendments.
• The Texas Bill of Rights
is the first article of the
Texas Constitution. It
contains 36 sections,
with many being very
similar to the U.S. Bill of
Rights.
U.S. v Texas Constitutions - Legislative
U.S. Constitution
Texas Constitution
• Senate has 100
• Senate has 31 members
members that serve 6
that serve 4 year terms.
year terms.
• House of
• House of
Representatives has 150
Representatives has 435
members that serve 2
members that serve 2
year terms.
year terms.
U.S. v Texas Constitutions - Executive
U.S. Constitution
Texas Constitution
• Creates an executive
branch with a president
that serves 4 year
terms, with a term limit
of two consecutive
terms.
• The vice president also
serves 4 year terms.
• Creates an executive
branch with a governor
that serves 4 year
terms. There are no
term limits for Texas
governors.
• The lieutenant governor
also serves 4 year
terms.
U.S. v Texas Constitutions - Judicial
U.S. Constitution
Texas Constitution
• Judges are appointed by • Judges are elected by
the president, approved
the people and serve
by Congress, and will
various set terms.
serve for life or until
they choose to retire.
The Texas Legislature
The legislative branch makes the laws of the
state. Our legislature is bicameral, meaning that
it is made up of two houses: the House of
Representatives and the Senate. Each
representative and senator represents Texans in
a particular district, and after each new census,
the districts are re-drawn to ensure that all
districts are roughly the same size.
Requirements of the Legislators
To serve in the legislature, Texans must meet
several requirements. You must be a resident of
the district in which you are running for office
for at least one year. Representatives must be 21
years old and have been Texas citizens for two
years. Senators must be at least 26 years old and
have been Texas citizens for 5 years. Legislators
receive a salary of $7,200 a year, along with
money to cover work-related expenses.
Legislative Duties and Powers
Legislators serve the people in their district, and
their main job is to make laws. Most often, the
laws they pass have to do raising and spending
public funds or taxes. The state must pass laws
to borrow or spend money, and these laws are
called appropriations bills. Though both houses
must approve such bills for them to become law,
laws that raise money must begin in the House of
Representatives.
Legislative Duties and Powers
Continued…
• Legislators can propose Constitutional
amendments, but all amendments must be
approved by the people through a vote.
• The Senate must approve all appointments, like
when the governor appoints people to his
cabinet.
• The legislature has the power to impeach judges
and executive officials. The House must approve
the impeachment process, then the Senate will
try the individual. If the individual is convicted of
the crime, they can be removed from office.
Legislative Sessions
The Texas Legislature does most of its work during
periods of time called sessions. These sessions
begin on the second Tuesday of January in odd
numbered years, and regular sessions last up to 140
days. The governor can call special sessions of the
legislature when necessary, which can last up to 30
days. When this happens, the governor specifies
the topic of the session. For example, this summer
the Texas legislature will probably have a special
session to deal with the state budget and education
crisis.
The Texas Executive
The job of the executive branch is to enforce the
laws of the legislature. It also manages and
conducts the daily business of the state. The
branch’s highest and most well-known official is
the governor. The governor is elected in even
numbered years that do not have presidential
elections, like 2010! The Texas governor serves
for 4 years, and there is no limit to the amount
of terms a governor can serve.
Requirements and Benefits of the
Texas Executive
To run for governor, a person must be at least 30
years old and a U.S. citizen. The candidate must
also live in Texas for at least 5 years before
running for office. As of the year 2000, the
governor makes $115,000 per year. The state
also provides the governor with a house, staff,
and money for job-related expenses.
The Powers and Duties of the
Governor
The governor’s powers involve the management of
the state. He or she oversees the state agencies,
boards, and commissions, and often appoints
officials to run these organizations. In one term, a
governor may appoint as many as 3,000 officials.
Because of the overuse of power by Texas
governors during Reconstruction, the Texas
Constitution limits the powers of the Governor.
Almost all appointments made must be confirmed
by the Senate.
The Powers and Duties of the
Governor Continued…
• The governor serves as the state’s leader.
• The governor represents Texas at state functions
and throughout the rest of the United States.
• The governor issues proclamations, such as
declaring a site a disaster area after a flood,
hurricane, fire, or tornado.
• The governor submits a budget proposal to the
state legislature.
• The governor can speak to the legislature and
urge them to take action on certain issues.
The Powers and Duties of the
Governor Continued…
• The governor makes suggestions during his
“State of the State” address at the beginning
of every legislative session.
• The governor can call special sessions of the
legislature for certain important issues.
• The governor can veto bills that need to be
signed by him to become law. The governor
also has the power to line-item veto, meaning
that he can delete certain lines or parts of a
budget bills.
The Powers and Duties of the
Governor Continued…
• The governor appoints judges when vacancies
occur.
• The governor can pardon, or free, people who
have been convicted of crimes.
• The governor can grant a 30-day reprieve, or
delay, to a person facing the death penalty.
• The governor is the commander in chief of the
state’s military, so he or she can order the
National Guard to mobilize in times of crisis.
They can also declare martial law, putting an
area under military control.
The Lieutenant Governor
The executive branch also includes other elected
officials who are not under the governor’s
control. The lieutenant governor is one of the
most important executive officials. He or she
serves a four year term and their main duty is to
act as the leader of the Texas Senate and chair the
Legislative Budget Board. The lieutenant governor
also serves as acting governor when the governor is
out of Texas.
Other Executive Officials and
Agencies
• Attorney General – gives legal advice and
represents Texas in certain court cases.
• State Comptroller – oversees the collection of
taxes.
• Commissioner of Agriculture – enforces
agricultural laws and aids farmers.
• Texas Railroad Commission – created in 1891,
now regulates the railroad, oil, natural gas, and
mining industries of Texas.
• Department of Mental Health – provides services
to Texans who are mentally ill or disabled.
The Texas Judiciary
The Judicial Branch of the Texas Constitution makes
up the court systems of the state. The courts decide
legal cases by interpreting and applying the law.
More than 2,500 judges hear cases in over 3,000
courts. Most judges are elected and serve either
four or six year terms. All judges must be U.S.
citizens and residents of Texas. Judges can be
removed from office if they break the law. The
legislature, the governor, or the Supreme Court of
Texas can impeach a judge. The governor would fill the
vacancy left by a judge until the next general election.
The Structure of Texas Courts
The Texas courts hear millions of cases each year
involving either civil or criminal law. Often,
people that are accused of crimes will plea
bargain, admit guilt, and decline a chance for
trial in exchange for a lighter sentence. Cases
that do go to court are heard by trial courts,
which hear cases and give a ruling.
The Jury System
There are two types of jury systems in Texas: grand
jury and petit jury. The grand jury decides whether
a person accused of a felony should be indicted,
meaning formally charged with the crime. Of the 12
people on the grand jury, 9 must vote yes for the
case to go to trial. The petit jury decides the verdict
in a trial. All Texans have the right to a trial by jury
in the Texas Bill of Rights. Still, many decline their
right to a trial by jury and judges often rule on
trials. To serve on a jury, you must be qualified to vote, be
able to read and write English, and cannot have been
convicted of a theft or felony.
The Bill of Rights
Just like the U.S. Constitution, the Texas
Constitution contains a Bill of Rights that
protects the individual liberties of all Texans.
Unlike the U.S. Constitution, the Texas
Constitution places the Bill of Rights at the very
beginning, emphasizing its importance. It states
that all political power comes from the people, and
recognizes that the U.S. Constitution is the only
higher legal authority.
Bill of Rights – Section 3 and 3a
This section of the Texas Bill of Rights states that
all Texans have equal rights under the law and
cannot be denied those rights based on gender,
race, or national origin. Even if you are not
American, you will still be guaranteed the same
rights.
Bill of Rights – Section 4 - 7
These sections protect all Texans’ rights to
worship freely. The government cannot support
a religion or interfere with anyone’s decision to
practice or not practice a religion. These
sections also state that the government cannot
have an official religion or favor any particular
one.
Bill of Rights – Section 8
Section 8 of the Texas Bill of Rights protects our
freedoms of speech and press. Without these
freedoms, people would not be able to discuss
important issues and stay well informed. We need
to be able to get the correct information without
the influence of the government, also. Still, these
rights are not unlimited. Slander and libel are not
protected. You may not intentionally say or print
false things, especially if they threaten the safety of
others.
Bill of Rights – Section 9 - 16
Everyone under the Texas Bill of Rights has a
right to due process, meaning that the
government is required to take certain legal
actions before taking a person’s property or
punishing someone for a crime. Sections 9
through 16 of the Bill of Rights deals with the
rights a person has when accused of a crime.
Sections 9 – 16
Citizen’s criminal protections under the law:
• All citizens are protected against unreasonable
search or seizure.
• All defendants are presumed innocent until
proven guilty within a court of law.
• The defendant has a right to know the charges
brought against them and to see the evidence
that will be presented in trial.
• Those accused can question witnesses who
testify against them.
• All are given a trial by jury, if desired.
Sections 9 – 16
Citizen’s criminal protections under the law:
• Convicted people are guaranteed not to receive a
“cruel or unusual” punishment.
• If the person is found to be innocent, they cannot
be tried again for the same offense (but can be
tried for the same crime.)
• The government cannot pass a law punishing
someone for conduct that was lawful when
committed.
• Most people are allowed to pay bail so that they
do not have to stay in jail until the end of their
trial, but bail can be denied for serious offenses.
Bill of Rights – Section 27
This section states that Texans have the right to
assemble and petition the government. With
our right to freely gather together, government
officials cannot break up a meeting unless the
people are disruptive or breaking the law. You
can always petition, or make a request, of your
government in order to encourage action on a
topic.
Other Rights
• The government has the right to eminent
domain, meaning they can take your land and
property for public use, but the owner must be
paid for the value of that property.
• A citizen cannot be banished or outlawed from
the state.
• Section 22 – defines treason and the rights of
people accused of that charge
• Section 23 – right to keep and bear arms
• Section 29 – the government cannot change the
Bill of Rights, and laws that contradict the Bill of
Rights have no power.
Who is a citizen?
Who is a citizen of the United States?
• people born in the U.S. or in a U.S. territory
• people born outside the U.S., but their parents
are citizens of the U.S.
• people born in foreign countries can become
citizens by being naturalized
People wishing to become U.S. citizens must meet
certain requirements, like tests of the person’s
understanding of the English Language, U.S. History,
and functions of democratic government.
They must then take an oath of allegiance to the U.S.
Constitution
Rights and Responsibilities of Citizens
• Citizens must know the laws so that they can
obey them, though you can be punished for
breaking a law even if you didn’t know it existed.
• Being a good citizen includes speaking out about
an issue if you fear that it is unfair and needs to
be changed.
• One important responsibility is public service. We
must help our community as often as possible.
• Paying taxes!
• Serving on juries!
• VOTING!!!! (It’s more than just casting the ballot.
You must make an informed decision.)
Voting
A voter must be 18 years old and a citizen of the
United States. In Texas, you must also live in the
state for at least 30 days before you can vote in
an election. Before voting, you must register to
vote. This is so that the state can check and
make sure you meet all qualifications. You must
fill out a simple form and send it into the county
voter registrar, and within 30 days, you will
receive your voter registration card. You can vote in
person or by mail.
Political Parties
One way to become involved in our democracy
is to join a political party. Political parties
organize so that they can nominate and elect
government officials who agree with their
platform, or stated goals. The two major political
parties in Texas are the Democratic and
Republican parties. Although there are other
political parties, rarely do these other parties
gain much power or affect state politics.
Disagreements
The two main political parties often disagree on
issues. For example, both parties agree that
education is important, but they disagree on the
best way to pay for schools. They also often
disagree on issues involving the environment,
the economy, and the role of government.
Primary Elections
There are all types of elections that are held in
Texas. Primary elections are held by political
parties so that they can decide who will
represent them in the later general elections.
The candidates that receive more than 50
percent of the votes is the winner. If no one
receives 50 percent, there will then be a runoff
election. Primaries are held in March and runoffs
are in April.
General Elections
General elections decide who will win a local or
state position. Sometimes, general elections also
include votes on issues, such as constitutional
amendments. All registered voters may
participate in general elections, but only people
registered to a particular party can participate in
a primary election.
Special Elections
Sometimes, a vacancy may occur in an office.
For example, if someone dies or decides to
resign, their seat must be filled using a special
election. Special elections can also be held for
constitutional amendments and local bond
issues to be passed.
Direct Democracy
Though most of our government is run as a
republic, meaning that we elect people to represent
us, we also have direct democracy in Texas. Often,
voters can decide issue directly without going to
their representatives. For example, voters can
directly make an amendment of the constitution
using a referendum. When we vote using a
referendum, we can directly repeal a law, change a
law, and recall elected officials (remove them from
office).
County Governments
The job of thousands of local governments
throughout the state is to provide the people
with services, such as police protection, safe
roads, and water. Within Texas, there are 254
counties, each with their own government. Also,
counties are divided into four precincts. Each
county has a judge and each precinct has a county
commissioner. This group, known as the
commissioners’ court, must set the county tax rate,
create a budget, and deal with local issues.
Municipal Governments
Urban areas are run by municipal governments,
and there are several different kinds.
• Mayor-Council Government
• Council-Manager Government
• Commission Plan (Galveston Plan)
Council-Manager
Mayor-Council
Commission
City Government Revenue
City governments raise revenue, or money, from
bonds (money that they borrow from the
taxpayers and then pay back) and property and
sales taxes. The government uses this money to
provide services such as police and fire
protection, garbage collection, and utilities, like
water and electricity. Many cities also use the
money for recreation projects like parks, pools, and
sports fields.
Taxes
•
•
•
•
•
State and local governments are funded by
taxes. The governments also collect fees to make
money.
Property Tax: A tax based on the value of your property.
Sales Tax: A tax on things you by, set at 6.25%, but some
counties and cities may add an additional 2% - largest source
of tax revenue
Income Tax: Texas does not have a state income tax.
Fees: licenses, permits, utilities, state lotto, public lands
money
Federal Fund: The state receives money for projects, like
roads and schools – second largest source of revenue
Texas Public Education
The school system in Texas is divided up into
districts, and Texas has approximately 1050
school districts. Texas schools are funded by
taxes, both local and federal taxes. Property
taxes can be voted on and raised if a local school
district needs more money for a project.
Structure of Texas Public Education
• The State Board of Education (SBEC) is elected to
provide the state with standards for education, as
well as to approve policies and school materials.
• The Texas Education Agency (TEA) oversees that the
rules set up by SBEC are followed by school districts.
• Each district has a Local Board of Trustees that is
elected by residents in that school district. The
school board hires a Superintendent,
administrators, and teachers. They are the ones
who make financial and educational decisions for
the children of that district.