Chapter 8 - Del Mar College

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CHAPTER 24:
THE TEXAS
EXECUTIVE
BRANCH
Current Texas Governor
Rick Perry (a Republican), was sworn in as
Texas’ 47th governor on December 21, 2000.
He was elected to a four-year term on
November 5, 2002.
Formal/Informal Qualifications
for Becoming Governor
 Formal:
– 30 years of age
– American citizen and citizen of Texas for five years prior to
election
 Informal:
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(White Anglo-Saxon Protestant)
Male (there have only been two female governors in TX)
Middle-aged Successful Businessperson or Attorney
Conservative-to-Moderate candidate
Governor’s Tenure, Removal, &
Succession
4 year term
No limits on number of terms
Can be removed from office only by
impeachment (requires simple majority of
legislative members present; conviction
requires 2/3 vote of Senate)
Lieutenant Governor is next in the line of
succession
Governor’s Compensation
Salary is set by the legislature
Present salary is $115,345 (among highest in
the nation)
Governor’s Mansion
Expense account
Professional staff
Governor’s Tools of Persuasion
 Informal or extra-legal powers: Powers that are not stated in
rules, laws, or the constitution, but are usually derived from
these legal powers.
 Formal or legal powers: Powers stated in rules, laws, or the
constitution.
 Informal and formal powers are enhanced by other conditions
such as the governor having:
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a strong personality
political expertise
prestige
knack for public relations and political drama
good press relations
supporters with economic and political strength
a favorable political climate
good luck
Legislative Tools of Persuasion
 The Veto: Executive power to reject a proposed law
unless a majority votes to override governor’s
opposition.
 The Item Veto: Executive power to veto sections of a
bill, but allowing remainder of bill to become law.
Limited to appropriation bills only.
 Pre-session Bargaining: Negotiation that lets governor
and legislative leaders reach necessary compromises
prior to start of the session.
Legislative Tools of Persuasion
(cont.)
 Message Power: Allows governor to focus the
attention of the press, legislators, and citizens on
legislative proposals he/she considers important. Also
called the “Bully Pulpit”.
 “Blue Ribbon” Commission: Governor appoints this
commission consisting of influential citizens,
politicians, and members of concerned special interest
groups. Measures public reaction to proposals.
Executive Tools of Persuasion
 Appointive Powers: An effective governor will use the power
of appointment to the maximum.
– Senatorial Courtesy: Senators have some influence over
appointments due to senatorial courtesy, giving them power
to reject appointments of a political enemy from their
senatorial district. Other senators show courtesy by not
approving the appointee.
 Removal Powers: The governor is very limited in powers of
removal.
 Chief of State: The governor serves as the symbol of TX,
performs ceremonial duties, and represents the state at meetings
with foreign officials and other governors.
The Organization of the Federal Government
Executive Tools of Persuasion
(cont.)
 Clemency Powers: Governor is very limited in his
power to grant clemency (relief from criminal
punishment).
 Budget Powers: The governor is designated the Chief
Budget Officer of the state, however his/her proposals
are usually not as influential as the Legislative Budget
Board, headed by the Lt. Governor.
 Law Enforcement/Military Powers: The governor has
very little law enforcement powers, however, he/she is
the Commander-In-Chief of the Texas National Guard
and Texas State Guard.
Texas Governor is a Weak
Governor
When compared to governors in other states,
the TX governor is weak.
The denial of power to the governor (and
legislature) has created a power vacuum in
government that is filled willingly by interest
groups and administrative agencies.
Chief of Party
 The governor is the most visible leader of her or his
party, and usually exercises influence within the party
by controlling its executive committee. This party
control permits what is considered one of the most
powerful tools of the governor’s office: rewarding
supporters with political patronage. As party leader, the
governor may lead the party’s delegation to the national
nominating convention and thus become involved in
presidential politics. By stepping into the national
political spotlight the governor can enhance his or her
image at home by taking stands on issues (e.g., illegal
immigration) over which she or he has little or no
control but with which people identify.
Characteristics of Bureaucracy
 Bureaucracy
– Develop wherever human beings organize themselves to
systematically accomplish goals and in the process lose
some of their flexibility and efficiency.
 Size
 Hierarchy
 Expertise
 Neutrality
Size
The largest number of government employees
work for local governments.
Attempts are being made to make bureaucracies
more efficient.
Privatization is one way to reduce
bureaucracies by awarding government
contracts to private sector.
Neutrality
 Administration of the laws in a neutral
fashion
 The separation of politics and administration
 Texas attempted to depoliticize the
bureaucracy by establishing the independent
board and commission system.
Hierarchy
All bureaucracies are formally characterized as
hierarchical structures.
An ideal hierarchy looks like the military chain
of command or an organizational chart.
The governor is elected by the people to be the
chief executive, but has little direct authority
over most administrators.
Expertise
Individual bureaucrats should have an
understanding of their jobs and the effects of
their decisions on others.
Individual bureaucrats become experts in
specialized area of administration.
The Bureaucracy and Public
Policy
 Clientele Groups
 The Legislature, the Lieutenant Governor, and The
Speaker
 The Governor
 The Iron Texas Star
 Public Support
 Expertise
 Information
 Administration of the Law
 Accountability
Clientele Groups
The most natural allies for an agency are its
clientele (or constituent) interest groups.
Interest groups- The groups that benefit directly
from agency programs.
The agency reciprocates by protecting its
clients within the administration.
Legislature, Lieutenant Governor,
and The Speaker
 Agency depends on legislative allies for laws
expanding power, increase scope of duties, protection,
and appropriations of funds.
 Because of short session and the power of presiding
officers, agencies seek support of the Lieutenant
governor and the Speaker of the House.
 Revolving door is the sleaze practice of corporations
employing ex-administrators and ex-legislators as
executives, lobbyists, or consultants.
The Governor
 The need of administrative agencies for the governor’s
support depends on the extent of the governor’s formal
and informal powers
 In Texas, the executive is decentralized and the
governor has few direct administrative powers.
 The administrative autonomy is enhanced.
 The governor can influence agency programs by use
of veto power and appointment to policymaking
boards and commissions.
The Iron Texas Star
The coalition and mutual support that exists
between legislative committees, administrative
agencies, and economic special interest groups.
Economic interest groups provide the mortar
that builds and holds together the five cornered
coalition between administrators, legislators,
the presiding officers, the governor, and the
clientele interests.
Public Support
Good public relations are beneficial for any
agency.
Favorable propaganda combined with myth and
literature have created broadly based public
support for the Texas Rangers and Texas
Department of Criminal Justice.
Expertise
Administrators are experts in a field
A bureaucrat’s knowledge often exceeds the
expertise of a legislator or governor.
Lifetime government employees advise
policymaking officials.
Bureaucrats are important players in the
political system.
Information
Administrative agencies gather information
used by constituent interest groups and/or the
general public.
Administrators may dispense or interpret
information in a way that benefits their agency
or constituency interest, thus affecting the
formation of public policy.
Administration of the Law
Administrative Law – The rules and regulations
that bureaucrats write to interpret and define
the meaning of the law and enforcement.
Bureaucratic Review – The rules and
regulations that define the substance of law and
determine its effect on the public.
Accountability
 Elective Accountability – The theory to make the
bureaucracy directly accountable to the people through
to democratic process.
 Legislative Accountability – Texas Legislator attempts
to regulate the bureaucrat Administration.
– Sunset Advisory Commission – Periodically reviews state
boards, commissions and agencies to determine if they need
alteration, termination or continuation.
 Accountability to the Chief Executive
– In a cabinet system, the governor would appoint the
administrators of the agency.
– In Texas, the executive branch is decentralized.
Bureaucratic Accountability
 Texas administrator are really accountable to interest
group that benefit from the programs she or he
administers.
 Open-meetings laws – Governments bodies must have
meeting open to general public except for personal,
land acquisition, and litigation matters.
 Open-records law – records of government
proceedings be available to public.
 Whistleblowers – Government employees who expose
bureaucratic excesses, blunders, corruption, or
favoritism.
The Texas Administration
There is no single official who bears the
ultimate responsibility for the actions of the
Texas Bureaucracy.
– Elected Executives
– Appointed Executives
– Boards and Commissions
Elected Executives: Attorney
General
Attorney General
– Four-year term with no limits
– The lawyer for the state and all officials, boards,
and agencies in Texas state government.
– Attorney General’s Opinion – The power to
interpret law or to give an opinion that a law or
practice does or does not violate other laws or
Constitutions.
Elected Executives: Comptroller
Comptroller of Public Accounts
– Four-year term with no limits.
– Functions encompass either directly or indirectly
almost all financial activities of state government.
– Chief tax collect and Chief pre-audit accounting
officer.
– Certifies the approximate biennial income for the
state and the financial condition of the state at the
close of each year.
Commissioners of General Land
Office & Agriculture
 Commissioner of the General Land office
– Elected for four-year term.
– Managing and collecting rentals and leases for state-owned
lands.
– Awarding oil, gas, sulfur, and other hard-mineral leases for
exploration and production on state lands.
– Leasing mineral interests in the state’s riverbeds and
tidelands.
– Serves on the School Land Board that gives money to
Permanent School Fund.
 Commissioner of Agriculture
– Four years to oversee the Texas Department of Agriculture.
Appointed Executives
 Secretary of State – Appointed for four-year term to
enforce uniform interpretation and application of the
election laws.
 Adjutant General – Appointed two-year term to be the
top military officer and exercises administrative
jurisdiction over the Texas National Guard and the
Texas State Guard.
 Commissioner, Health and Human Services – Twoyear term to manage health and welfare agencies.
Appointed Executives (cont.)
Insurance Commissioner – A three-member
State Board of Insurance appointed for a twoyear terms that monitors and regulates the
Texas insurance industry.
Boards and Commissions
 Elective Boards
– Railroad Commission of Texas – Three members serve for
overlapping six-year terms that oversee regulation of gas
utilities, oil and gas pipelines, oil and gas drilling and
pumping activities and intrastate railroad transportation.
– Texas Education Agency- Fifteen members serving fouryear staggered terms which comprises the State Board of
Education and oversees and regulates the Texas public
school system below the college level and administers
national and state education laws.
Boards & Commissions
Ex Officio Boards – Boards whose members
are automatically assigned due to their holding
some other position.
Appointed Boards – These boards are usually
appointed by the governor with the consent of
the senate that, normally serve staggered terms,
that makes policies for their agencies and
appoint their own chief administrators.
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