Texas Government
Special Unit
Constitutions-Texas
• Texas has had 7 constitutions in its entire
history as a state, country or territory.
• 1824-Constitution of Coahuila y Tejaspolicies of Mexico, gave Texans few rights
or powers.
• 1836-Republic of Texas-included
privileges for citizens; a league (4,400
acres) of free land for every Texas head of
household.
• Abolished debtor’s prison
• Prohibited leaving entire inheritance to
eldest son.
Constitution-Texas
• 1845-Texas admitted to the Union as a
state-Constitution resembled those of
southern states.
• Made Austin the capital
• Established structure and duties of
state government
• Allowed slavery
• Did not grant women or minorities the
right to vote
Constitution-Texas
• 1861-1865-Constitution under the Confederate
States of America.
• 1866-1869-military rule under Reconstruction.
Military rule ended once Texas its Reconstruction
Constitution.
• 1869-1876-Reconstruction Constitution-placed
considerable power in the hands of the governor.
• Restricted rights for secessionists.
• Governor controlled militia and most law
enforcement.
• Increased taxes, spent more money on
education, public works and relief for the poor.
Constitution-Texas
• Constitution of 1876-set up as a reaction
against strong governorship during
Reconstruction.
• Prevents any one branch of
government from becoming too strong
• Reduced the salaries of elected officials
• Shortened terms of office.
• Restricted state spending
• Drastically limited power of governor
making him a weak executive.
Constitution of 1876
• Gave more power to local governments
and citizens
• Included a Bill of Rights (29 total-The
Constitution has 17 articles).
• 3 Branches of government with restricted
powers and duties.
• By the year of 2009 (81st session), The
Texas Constitution had a total of 467
amendments.
The Texas Legislature
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House
Senate
Size
150
31
Term
2 years
4 years
Committees
40
15
Debate Limits
10 minutes
none
Calendars
4
2
Officer selection-House elects representatives from
single-member districts, then fellow representatives
elect Speaker of the House
Senate-Lt. Governor is elected statewide and serves
same role that V.P does in the U.S. Senate
(TODAY THE TEXAS LEGISLATURE IS IN ITS 82nd
SESSION-ENDS MAY 30, 2011)
Texas Elected Officials-
Governor-Rick Perry
Lt. Governor-David
Dewhurst
• http://www.senate.state.tx
.us/
Speaker of the Texas House-Joe Strauss
• http://www.house.stat
e.tx.us/
Midland State Congressmen
Representative-District
82-Tom Craddick
State Senator District 31Kel Seliger
Qualifications for Texas Public
Office
• Governor-30 years old, U.S. Citizen, 5
years resident in Texas.
• Lt. Governor-same as Governor.
• Senate-26 years old, qualified Texas voter,
resident of senatorial district 2 years.
• House-21 years old, qualified Texas voter,
resident of district 1 year.
Pay Rates For Texas Elected
Officials
• Governor-$115,345+use of the Governor’s
Mansion(burned down during Perry
Administration).
• Lieutenant Governor-$7,200
• Representatives-$7,200
• Senators-$7,200
• The average salary for a congressman in
the 9 other largest states- $61,000
How a Bill Becomes a Law in TexasSENATE
• Step1-Bill is introduced, numbered, given first reading,
referred to committee.
• Step 2-Committee holds hearings, deliberates, and
either pigeonholes the bill, reports it unfavorably, or
reports it favorably. Favorable report may include
amendments or be a substitute bill. Committee report is
printed and distributed to Senate.
• Step 3-Senate has second reading, holds debate,
amends bill, possibly has a filibuster. Senate then has
third reading, debate, amendments only by two thirds
vote. Passed bill is sent to House.(Record filibuster1977-Senator Bill Meier-43 hours straight-WORLD
RECORD)
How a Bill Becomes a Law in Texas-HOUSE
• Step 1-House has first reading, and bill is referred to
committee.
• Step 2-Committee action is the same as in Senate.
• Step 3-Floor action is similar to Senate except that no
filibuster is possible and scheduling for debate is more
complex. Amended bill is returned to Senate.
How a Bill Becomes a Law in TexasSENATE AND HOUSE
• Step 4-Conference Committee irons out differences in
House and Senate versions of the bill. Both houses vote
on conference compromise bill. Clean copy of the
conference bill is prepared. Bill is enrolled and certified
in both houses, and sent to the governor.
How a Bill Becomes a Law in TexasGovernor
• Step 5-Governor may sign the act, let it become law
without his or her signature or veto it.
The Texas Judiciary
• Judicial Branch
• Attorney General-independently elected executive has
two important functions within the judiciary.
• Chief lawyer-represents state agencies that sue a
private individual or another agency when they are
sued.
• Represents the state in Federal Court.
• He also issues advisory opinions-advises legislature
and governor on constitutionality of laws and actions
of government.
• Child support enforcement.
Attorney General
Greg Abbott
State Supreme Court
• Hears only civil cases.
• 9 Justices elected to 6 year terms.
• Qualifications-10 years legal experience either as a
practicing attorney or as a judge of a court of record.
• Pay-$150,000.
• Has jurisdiction on appeals from courts of appeal
• Spends much time considering applications for writs of
error.
• Writs of mandamus-orders to corporations or persons
including state officials to perform certain acts.
Court of Criminal Appeals
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Appointed by Governor
Considers writs of error
Writs of habeas corpus
Can overturn convictions
Qualifications and pay are the same as the Supreme
Court.
The Court of Appeals
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Elected by districtsMulti judge courts that operate without juries.
Consider only the written records of lower courts
14 courts of appeal
Qualifications same as Supreme Court.
Pay-$137,500 Associate Justice
$140,000 for Chief Justice
Jurisdiction-civil-appeals from county, district and of
criminal cases except capital.
State Trial Courts-District Courts
• Principal Trial Court
• Over 400 District Courts in Texas.
• Has both Criminal and Civil Jurisdiction except in
metropolitan areas.(Big cities have courts that
specialize)
• Felony jurisdiction, divorce, suits over titles to land,
election contests, civil suits over $200. Shares some
civil jurisdiction with county court.
• Salary-$125,000
• 4 year term
• Qualifications-attorney-licensed to practice law in Texas,
4 years experience as lawyer or judge in Texas.
State Trial Courts-District Courts continued
• At least one court in each county must be designated as
juvenile court to handle criminal cases with defendants
younger than 17. These courts can be district, county or
constitutional county courts.
• http://www.co.midland.tx.us/dcourts/
County Courts
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Elected-4 year term.
Pay-ranging from $10,000 to $100,000.
Have both original and appellate jurisdiction.
Criminal misdemeanor cases where fine exceeds $500
or jail time may be imposed.
• Also hear appeals in criminal cases from JP courts.
• In civil matters have concurrent with JP courts when
amount in controversy is between $200 and $5000.
• http://www.co.midland.tx.us/ccl/
Justice Courts (JP)
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Elected
Both criminal and civil jurisdiction.
Misdemeanor cases with fine as punishment.
Civil cases of $200 or less and concurrent jurisdiction
with county and district courts in cases between $200
and $5000.
Presides over small claims court, act as notary public,
authorized to perform marriages.
May function as coroner unless county has a medical
examiner.
No Constitutional or statutory qualifications
Pay ranges from virtually nothing to $60,000.
• http://www.co.midland.tx.us/jp/
J.P Precincts-Midland
• Voting Nov 2010.pdf
Municipal Courts
• Handle minor criminal matters-Class C misdemeanors,
fine less than $500 with no possibility of imprisonment.
• Exclusive jurisdiction over municipal ordinances and can
impose fines up to $2500.
• No civil jurisdiction.
• Most cities appoint municipal judges, however some
cities do use non-partisan elections.
• Term 2 years.
Courts Continued
• Grand Juries-chosen from a list prepared by
commissioners. Judge selects 12 people who sit for a
term of 3 months.
• Trial Juries
• Lower courts-jury consists of 6 people.
• District courts-12
• Call to duty on a trial jury is determined through the
use of a jury wheel list generated from the county
voter registration, driver’s license and state
identification lists.
Crime and Punishment in Texas
Capital Offenses-Possibility of Life in Prison
without parole or Capital Punishment
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The following crimes are Capital Murder in Texas:
murder of a public safety officer or firefighter;
murder during the commission of kidnapping, burglary, robbery, aggravated
sexual assault, arson, or obstruction or retaliation;
murder for remuneration; (hire)
murder during prison escape;
murder of a correctional employee;
murder by a state prison inmate who is serving a life sentence for any of five
offenses (murder, capital murder, aggravated kidnapping, aggravated
sexual assault, or aggravated robbery);
multiple murders;
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murder of an individual under six years of age.
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First Degree Felonies
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Confinement for life or from five to ninety-nine years and a possible fine not
to exceed $10,000
Possibility of community supervision
Examples:
Aggravated assault of public servant
Aggravated kidnapping
Aggravated robbery
Aggravated sexual assault
Attempted capital murder
Arson of habitation
Burglary of a habitation with intent to commit or commission of a felony
Causing serious bodily injury to child, senior citizen, or disabled person
Escape from custody (if serious bodily injury occurs)
Murder
Solicitation of capital murder
Trafficking of persons under the age of fourteen
Second Degree Felonies
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Two to twenty years in prison and possible fine not exceed $10,000
Possibility of community supervision
Examples:
Aggravated assault
Arson
Bigamy
Bribery
Evading arrest (and death of another occurs)
Improper relationship between educator and student
Indecent contact with a child
Intoxication manslaughter
Manslaughter
Online solicitation of a minor under fourteen
Possession of fifty to 2000 pounds of marijuana
Robbery
Sexual assault
Stalking—second offense
Trafficking of persons
Third Degree Felonies
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Two to ten years in prison and possible fine not to exceed $10,000
Possibility of community supervision
Examples:
Aggravated perjury
Bail jumping of a felony arrest
Deadly conduct with a firearm
Escape from felony custody
Indecent exposure to a child
Intoxication assault
Possession of a firearm by a felon
Retaliation
Stalking
DWI (third offense)
Tampering with evidence
Violation of protective order (third offense)
State Jail Felonies
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180 days to two years in a state jail and possible fine not to exceed $10,000
Possibility of community supervision
Possibility of punishment as Class A misdemeanor
Examples:
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Burglary of a building
Coercing a minor to join a gang by threatening violence
Credit card abuse
Criminally negligent homicide
Criminal nonsupport
Cruelty to animals
DWI with child passenger
Evading arrest in a vehicle
False alarm or report
Forgery of a check
Fraudulent use or possession of identifying information
Improper photography or visual recording
Interference of child custody
Possession of less than one gram of a controlled substance
Theft of something valued between $1500 and $20,000
Unauthorized use of a vehicle
Class A Misdemeanors
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Up to one year in the county jail and/or a fine not to exceed $4000.
Up to two years of community supervision or three years with an extension
Examples:
Assault with bodily injury
Bail jumping of misdemeanor offense
Burglary of coin operated machine
Burglary of a vehicle
Cruelty to animals
DWI (2nd offense)
Escape from misdemeanor custody
Evading arrest on foot
Interference with 911 call
Obscenity
Perjury
Possession of two to four ounces of marijuana
Promoting gambling
Public lewdness
Resisting arrest
Stealing check
Unlawfully carrying a weapon
Class B Misdemeanors
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Up to 180 days in the county jail and/or fine not to exceed $2000
Up to two years of community supervision or three years with an extension
Examples:
Criminal Trespass
DWI
False report to police officer
Fraudulent degree
Harassment
Indecent exposure
Possession of 2 ounces or less of marijuana
Prostitution
Riot
Silent Calls to 911
Terroristic threat
Class C Misdemeanors
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Fine not to exceed $500
Examples:
Assault by threat
Disorderly conduct
Gambling
Issuance of bad check
Leaving child in a vehicle
Minor in possession of alcohol
Possession of alcoholic beverage in motor vehicle
Public intoxication
Use of Laser pointers
City Government- Texas
City/Local Governance
• Council-Manager Form-Majority of Texas cities use this
format. A city council of 5 to 15 members is elected atlarge or by district, and in turn appoints a city manager
who is responsible for the hiring and firing of department
heads and for the preparation of the budget.
• A mayor elected at large or by council is a member of
the council and presides over it but otherwise has only
the same powers as any other council member.
• City manager is head of the council and does all of the
hiring and firing of city department employees.
• System is designed to separate politics from
administration.
• Examples-Dallas, San Antonio, Midland
2010 Midland City Council
• Top left) Jerry Morales
At-Large, Michael
Trost District Four,
John James District
Three, Jeff Sparks
District One, (Bottom
left) Vicky Hailey
District Two, Mayor
Wes Perry, Scott
Dufford At-Large.
City Manager
• Courtney
Sharp
City Manager
Mayor of Midland Wes Perry
Mayor Council Form
• Council members are elected at large or by geographic
districts and the mayor is elected at large (city-wide)
• Weak Mayor-Council Form-city attorney and treasurer
are elected.
• Strong Mayor-Council Format-mayor has power to
appoint and remove city executives.
• Prepares budget, subject to council approval.
• Mayor can veto acts of council, but in a weak form
fewer votes are needed to override.
City Governance
• Mayor-Manager Form-city manager reports only to the
mayor not the council as a whole and focuses on
fiscal/administrative policy and implementation.
• Commission Form-originated in Galveston following
devastating hurricane of 1900 in which 7200 died.
• Elected commissioners collectively compose the
policymaking board and as individuals are
administrators of various departments.
• Elected at large.
Midland City Officials
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City Department Director
City Manager Courtney Sharp
City Attorney Keith Stretcher
City Secretary Amy M. Turner
Chief of Police Price Robinson
Fire Chief Robert Isbell
Finance Director Robert McNaughton
Community Services Director Tina Jauz
Director of Airports Marv Esterly
Director of Utilities Stuart Purvis
Director of General Services Robert Patrick
Director of Development Services Rick Crownover