Texas Government 2306—Unit 9 lecture notes-Texas Bureaucracy
UNIT 9-THE TEXAS BUREAUCRACY
INTRODUCTION
The state bureaucracy administers (implements) the laws of Texas. It is run by
executives whose duty it is to see that the laws of the state are implemented
according to the will and intent of the Legislature. Ideally, these executive branch
officials or bureaucrats are to administer their duties and implement the laws in a
neutral manner, uninfluenced by politics. In reality, state bureaucrats are important
players in not just implementation, but also policy making. In Texas there is no
overall central governing, controlling authority. Government authority in Texas is
very decentralized and rests within many independent state agencies. The structure
is often called the plural executive. The governor is not the only elected executive;
there are other elected officials with whom the governor must share power. In
addition, there are many independent boards, commissions, and agencies that
operate independently of the governor. Power is decentralized among many
officials. Although the governor appoints over 3,000 individuals to 285-plus state
boards and commissions, he has very limited removal authority and thus, has little
control over the executive branch. This is a weak executive bureaucratic
structure (as compared to a strong executive bureaucratic structure.) This is
consistent with the traditionalistic/individualistic political culture of Texas.
KEY TERMS
Bureaucracy-the part of government that administers the laws. Typically, it is all of
the executive branch beneath the governor.
The spoils system-the practice of hiring and promoting government employees
(bureaucrats) based on their political loyalty. Although the spoils system has been
largely eliminated at the federal level, it is extensively used in Texas.
Civil Service (merit) system-the practice of hiring and promoting government
employees (bureaucrats) on the basis of knowledge, experience, and expertise, as
measured by competitive exams. There is no general civil service system or
central personnel agency in Texas. Each agency creates its own set of rules and
regulations regarding personnel practices and procedures. Although most states
have a central personnel system and some form of civil service system Texas does
not. This is in keeping with our decentralized state government.
Clientele groups-groups that directly benefit from an agency’s programs. They
generally play a large part in bureaucratic policy making and implementation. They
often share information, attitudes, goals, and employees with a the very agencies
that are supposed to oversee and regulate them.
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The Sunset Advisory Commission-an agency established in 1977 to implement
the Texas Sunset Act. This law periodically evaluates all state agencies as to their
continued usefulness and then makes a recommendation to the legislature as to
whether the agency should be continued, abolished, merged with another agency, or
reformed to improve its effectiveness. Unless the legislature votes to continue an
agency, it is terminated with a year. The commission is composed of 8 legislators
and is staffed by the Legislative Budget Board. Most of its recommendations are
followed by the legislature. From 1979 to 2001 28 agencies were abolished (mostly
insignificant ones). In 15 instances, functions were transferred to other agencies
and in 9 cases agencies were combined or merged.
Whistleblower-government employees who expose bureaucratic excesses,
blunders, corruption, or favoritism. These employees should be commended and
protected from retribution, but are often exiled to dead end jobs or fired for their
effort(s). Texas’s whistleblower law passed in 1983 prohibits governments from
acting against employees who report law violations. However, enforcement is
difficult and time consuming and whistleblowers often suffer.
Ombudsman-a person or office to which people bring their complaints about
government, especially the bureaucracy. This official is empowered to investigate
the public’s complaints, suggest a remedy, and make suggestions to improve
administrative performance. Often, they lack official power and must rely on
persuasion and public opinion.
CHARACTERISTICS OF THE BUREAUCRACY

Size
Texas falls below the national average in state employment and above the
national average in local government employment. Among the 15 most
populous states, Texas ranks 10th in the number of state employees per
10,000 population. About 76% of Texas state employees work in 5 major
functional areas of state government: corrections, highways, public welfare,
hospitals, and higher education. There are 285-plus state agencies, boards,
and commissions.

Structure & HierarchyIn theory, all bureaucracies are organized so that authority flows from top to
bottom through a chain of command and information flows from the bottom to
top via the same channels. The Texas bureaucracy as a whole is NOT
arranged hierarchically and authority is not centralized in a single executive.
Because of the plural executive and limited removal and directive powers, the
Texas governor has little control over the Texas bureaucracy and little direct
authority over most administrators.
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
Neutrality
Texas attempted to depoliticize the bureaucracy by establishing the
independent board and commission system, which tries to insulate the
bureaucracy from the legislature and the governor. By using the spoils
system, it guarantees that political connections are a factor in the hiring of
Texas bureaucrats. The absence of a civil service system for Texas
government employees makes them more vulnerable to influence by the
appointed boards. The governor with the approval of the Texas senate
usually appoints board and commission members. Their terms are fixed,
usually for six years, and are staggered so that it takes two years or more
before a new governor can appoint a majority. The governor can only remove
board members if he gets the 2/3 approval from the Texas Senate. This
rarely occurs.

Expertise
The lack of a merit system in the hiring of Texas bureaucrats often means
that they are not always hired based on knowledge and expertise. By using
the spoils system, it guarantees that political connections are a factor in the
hiring of Texas bureaucrats. The absence of a civil service system for Texas
government employees makes them more vulnerable to influence by the
appointed boards.

The Bureaucracy and Public Policy
Most political observers today agree that the Texas bureaucracy is deeply
engaged in politics, that politics strongly affects public policy, and that policy
formulation cannot be separated from policy administration.

Clientele Groups
The most natural allies for an agency are its clientele interest groups—
groups that benefit directly from agency programs. The agency reciprocates
by protecting its clients within the administration. This often results in the
bureaucratic agency protecting its clientele groups rather than serving the
public interest.

The Legislature
Bureaucratic agencies are dependent on the Legislature for laws that expand
its powers, increase the scope of its duties, protect it from unfriendly interests,
and appropriate funds for its operations. Only the legislature has the power to
create and abolish agencies.

The Governor
Because the Texas governor is fairly weak and has few direct administrative
powers, administrative autonomy is enhanced. Thus, many agencies do not
have to seek the support of the governor to survive. The governor can
influence the legislature when it considers appropriation bills and the
governor’s item veto can affect an agency’s funding.
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
The “Iron Texas Star”
Because of weak legislative committees (compared to Congress) in Texas,
instead of the iron triangle, Texas has the “Iron Texas Star.” In contrast to
the iron triangle at the national level (composed of the agency, congressional
committee, and interest group) the Texas model includes two more
interests—the lieutenant governor and the speaker of the house (who appoint
committee chairs and most committee members and have almost life and
death power over bills in their respective houses) and the governor (with the
item veto over the state budget.)

Public Support
Good public relations with the electorate are usually beneficial for any
agency, particularly in its appropriations requests. However, public ignorance
and apathy often mean the public is not a major force of influence in
bureaucratic policymaking.

Expertise
Policymaking officials often find themselves forced to rely on longtime
bureaucrats for advice concerning both content and procedural matters. This
is because of their knowledge and expertise of a given subject. Their
expertise makes them influential in the policymaking process.

Information
Administrative agencies gather the information used by both the public and
government policymakers (the governor, legislators, etc.) to determine what
laws are needed or wanted.

Administration of the Laws
Bureaucrats make policy in the process of administering the law. They write
rules and regulations, known as administrative law, which interpret and
define the meaning of the law and stipulate the process for its enforcement.
They often determine the meaning of the law and how rigidly it will be
enforced.
ACCOUNTABILITY

Elective Accountability
In theory, the Texas electorate has accountability over the bureaucracy
because major department heads and some agency members are elected by
the voters rather than being appointed by the governor. The reasoning goes
that these elected administrators would be sensitive to the wishes of the
voters because they realized they could be voted out of office if the public
becomes displeased with their actions. In practice, this is not the case for
several reasons. The relative invisibility of elected executives means that
few voters are even aware of the names of many officeholders, much less
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their administrative competence. Voter ignorance and apathy significantly
reduce accountability to the public.

Legislative Accountability
The part time nature of the Texas legislature (in session only 140 days every
two years) limits the legislature’s accountability. The legislature does
exercise some accountability through the Sunset Advisory Commission. The
job of the Sunset Advisory Commission is to periodically evaluate all 177
state boards, commissions, and agencies, and make recommendations to the
legislature as to whether the agency should be continued, abolished, or
reformed. Although the Legislature has the final say, it rarely refuses to follow
the recommendations of the Sunset Commission.

Accountability to the Chief Executive—the Governor
The plural executive and the limited powers of the Texas governor severely
limit any accountability to the governor. A cabinet system, patterned after
that at the federal government, would increase the accountability to the
governor. Increasing the governor’s executive powers (appointive, removal,
directive) would also help.

Bureaucratic Accountability
The Texas administrator is really accountable primarily to the clientele
groups—the interest groups that benefit from the programs he/she
administers. Appointees to boards and administrative positions are usually
chosen from the industry concerned, and the policy decisions they make tend
to benefit the most influential in the industry. When government employees
leave government service, many find jobs in the industry where their expertise
lies. Thus, it is understandable why many administrators feel more directly
accountable to the economic powers they affect than to the public at large.
THE TEXAS ADMINISTRATION
The Elected Executives
All six statewide elected executives serve 4-year terms with no limit on reelection.
Texas has a plural executive made up of many elected and appointed officials.

The Attorney General
This office was created under the 1876 constitution. The attorney general is
one of the most powerful officials in Texas. As the state’s lawyer, he gives
legal advice to government agencies and officials. He also represents the
state in civil cases. In the past, the office has sometimes served as a
stepping-stone to the governorship. Most of the work of the attorney general
involves civil law rather than criminal law. Duties include:
o Representing the state in litigation
o Enforcing state and federal child support laws
o Providing legal counsel to state officials
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o Enforcing state laws
o Issuing advisory opinions on the constitutionality of pending legislation
(Often a negative AG opinion will kill a bill’s chances of passing.)

Comptroller of Public Accounts
This office was also created by the 1876 constitution. The comptroller is the
chief tax administrator and accounting officer for Texas. He/she makes
revenue projections and oversees collection of various state taxes. The
legislature cannot pass a state budget that exceeds the revenue
estimate made by the comptroller. In 1995, a constitutional amendment
abolished the office of treasurer and gave that office’s statutory functions to
the comptroller. Duties include:
 Chief tax collector (collects 31 different state taxes and collects the
sales tax for 1,239 local governments (1,018 cities, 117 counties,
and 34 special districts)
 Revenue forecaster
 Investor of state funds

Commissioner of the General Land Office
Texas is only one of 4 states to have a land commissioner. The office ws
created under the 1836 constitution to administer state-owned land. The land
commissioner supervises leases on the state’s public lands and the leasing of
state mineral rights, and also administers the state’s veteran’s land program.
Duties include:
o Leasing state lands
o Generating funds from oil and gas production
o Oversees the Veterans Land Board and Veterans Land Fund
o Responsible for maintaining the environmental quality of the state’s
open beaches along the Gulf Coast

Commissioner of Agriculture
The Texas Department of Agriculture was created by statute in 1907. The
agriculture commissioner oversees the administration of all state laws related
to agriculture. This involves a wide range of duties, from checking meat
market scales to promoting Texas agricultural products. Duties include:
 Marketing Texas agricultural products
 Development and promotion of agricultural businesses’ product
production
 Pesticide regulation
 Pest management
 Product certification and safety inspection
 Inspection and certification of measuring devices (including
gasoline pumps, electronic scanners, and scales)
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
The Lieutenant Governor
The lieutenant governor is technically a member of the executive branch, but
derives most of his powers from their legislative role. As presiding officer of
the Texas Senate, the lieutenant governor serves ex officio on the Legislative
Budget Board and numerous other legislative boards. If the governor dies,
resigns, or is removed from office, the lieutenant governor succeeds the
governor.
Appointed Executives
 The Secretary of State is the chief elections officer of the state. The term is
4 years. The office stores numerous records, corporate charters, and notary
licenses. The secretary of state is appointed by the governor with the
approval of the state senate. His duties fall into three categories:
o Elections (voter registration, preparation of election information, and
supervision of elections)
o Records keeping/information management (records on business
corporations, publishes the Texas Register—source of official notices,
rules, meetings, executive orders, and attorney general opinions
o International protocol (support services to state officials who intereact
with representatives of foreign nations)
 The Adjutant General is appointed by the governor to command the national
and state guards of Texas. The governor cannot remove him without
approval of the state senate. The Guard is a reserve to the regular army and
also provides emergency aid and protection of property and persons in times
of natural disaster.
 The Commissioner of Education is appointed by the governor from a list of
three nominees of the State Board of Education.
 The Commissioner of Health and Human Services administers eleven
state health agencies. This office was created in 1991 to coordinate a
number of health-related programs and agencies. These programs include:
o Aging
o Alcohol and drug abuse
o The blind, deaf, and hard of hearing
o Early childhood intervention
o Juvenile probation
o Mental health and retardation
o Rehabilitation
o Departments of Health, Human Services, and Protective and
Regulatory Services
The commissioner is appointed for a 2-year term by the governor, with senate
approval. The commissioner serves as a spokesperson for the governor in
health and welfare matters.
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Boards and Commissions
Boards and commissions in Texas may be elective, ex officio, or appointed. The
governor appoints over three thousand individuals to various boards and
commissions.
Elective Boards
Elective boards are chosen by the voters in the general election.
 Texas Railroad Commission
This was created in 1891 under the administration of Governor James Hogg.
The three elected railroad commissioners regulate a number of industries.
The most important is the oil and gas industry. They also regulate utilities
and intra-state railroads. Members are elected to staggered 6-year terms. Its
duties include:
o Regulation of exploration, drilling and production of oil and natural gas
o Regulation of trucking industry
o Promotes oil and gas production
o Regulates safety and environmental aspects of oil and gas industry
(development and safety of pipelines)
o Regulates and promotes mining of minerals (especially lignite coal)
o Sets rates charged by local natural gas companies
o Regulates safety of natural gas systems

State Board of Education
The State Board of Education is composed of one member elected to a 4year term from each of the 15-single member districts in nonpartisan
elections. The board implements educational policies for the state and,
through the Texas Education Agency, distributes state financial aid to local
schools.
Ex Officio Boards
These are boards that are filled by persons whose place on the board is the result of
their holding another position. For example, the governor, lieutenant governor,
speaker, and comptroller are members of the Texas Bond Review Board. They are
on this board because of the offices they hold.
Appointed Boards
Appointed boards and commissions range from the Egg Marketing Board to the
University of Texas Board of Regents. The governor appoints over 3,000 individuals
to hundreds of specialized boards and commissions. The board or commission
usually appoints the head of the agency. Most operate independently from other
agencies of the state government (except the legislature). There are 38 separate
professional licensing and examining boards. These include accountants,
architects, barbers, chiropractors, cosmetologists, dentists, funeral directors, land
surveyors, medical doctors, two kinds of nurses, exterminators, pharmacists,
physical therapists, podiatrists, and veterinarians. There are also twelve college
governing boards that oversee the institutions of higher education in Texas. These
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boards are required to coordinate their activities and gain approval for some
activities from the State Higher Education Coordinating Board. Governance is
decentralized, with only a minimum of control from the state and almost none from
the governor.
FOUR KEY REFORMS + THREE STILL NEEDED
1.
Open Meetings Act of 1987 (amended earlier law passed in 1973)
Requires all meetings of governmental bodies at all levels of government be
open to the general public except when personnel, land acquisition, and
litigation matters are being discussed. The law prohibits unannounced
sessions and splitting up to avoid a quorum. It also requires that public notice
be posted for both open and closed sessions.
2.
Open Records Act of 1973
This law requires that records of all government proceedings be available to
the public for only the expense involved in assembling and reproducing them.
3.
Whistleblower Protection Law of 1983
This law protects governments from acting against employees who report law
violations. However, enforcement is difficult and time-consuming and
whistleblowers often suffer.
4.
Sunset Advisory Commission
This agency was established in 1977 to implement the Texas Sunset Act.
This law periodically evaluates all state agencies as to their continued
usefulness and then makes a recommendation to the legislature as to
whether the agency should be continued, abolished, merged with another
agency, or reformed to improve its effectiveness. Unless the legislature votes
to continue an agency, it is terminated with a year. The commission is
composed of 8 legislators and is staffed by the Legislative Budget Board.
Most of its recommendations are followed by the legislature. From 1979 to
2001 28 agencies were abolished (mostly insignificant ones). In 15
instances, functions were transferred to other agencies and in 9 cases
agencies were combined or merged.
5.
Ombudsman
This reform has not been enacted in Texas.
6.
Consolidation of agencies into executive departments reporting to the
governor.
This would require a constitutional amendment and changing from the plural
executive to a cabinet style structure and does not appear likely in Texas.
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7.
A Merit/Civil Service System
Texas should replace its current spoils system, allowing each agency to
develop its own hiring practices, with a centralized merit or civil service
system, similar to that at the national level. This would lead to a more
competent, professional, independent bureaucracy where bureaucrats are
hired for what they know and not who they know. Bureaucrats would also be
protected from being fired for political reasons.
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