GOVT 2302
The Texas Executive
Constitutional Design
In this set of slides we will walk
through the Texas Constitution in
order to get a general sense of the
structure of the Texas executive
branch, or at least what’s said
about it in the document.
Note: The Texas Governor is but one of a
handful of institutions established in the
Constitution. They are not interchangeable.
A major point has to be
emphasized here. The Texas
executive branch is composed of
more than just the governor.
While the US executive branch is singular –
all executive power is vested in the
president – the Texas executive branch is
plural. Power is divided into separate,
autonomous institutions.
For a quick look at the article, click
here:
Article 4.
Texas Executive Department
Here are other places to get
background:
Texas Politics: The Executive Branch.
Governor’s Office: Powers and Duties.
TSHA: Governor.
Also worth a look:
The National Governors’ Association.
The National Governors Association (NGA)—the bipartisan
organization of the nation's governors—promotes visionary state
leadership, shares best practices and speaks with a collective
voice on national policy.
If you are ambitious, read through
the history of Article IV of the
Constitution here.
It was written by the Texas State Law Library.
As with the other aspects of the
Texas Constitution, Article 4 has
expanded over the course of Texas’
history.
As originally written, the 1876
Constitution contained:
26 Sections
and
2,716 Words
After many amendments, it
contains (in 2012):
26 Sections (still)
but
4,257 Words.
Not as long as the legislative
branch, but much longer than
Article 2 of the US Constitution.
Sec. 1.
OFFICERS CONSTITUTING THE
EXECUTIVE DEPARTMENT
The Executive Department of the
State shall consist of a Governor,
who shall be the Chief Executive
Officer of the State, a Lieutenant
Governor, Secretary of State,
Comptroller of Public Accounts,
Commissioner of the General Land
Office, and Attorney General.
The constitutional executive
branch is headed by six
institutions. All but the Secretary of
State are elected separately.
They may all run on the same party
ticket – but they are independent
otherwise.
Note that no mention is made of
the Commissioner of Agriculture,
which is also elected separately to
head the Texas Department of
Agriculture (wikipedia).
This is the only independently
elected executive position
mandated by the legislature, not
the Texas Constitution.
The plural executive also contains
two elected boards which are in
charge of policies related to
education and the production of oil
and gas in the state.
The Texas State Board of Education
is an elected 15 member board
which oversees, along with the
Commissioner of Education, the
public education system of Texas –
specifically the Texas Education
Agency, in accordance with
the Texas Education Code.”
The Railroad Commission of Texas
was originally established to
regulate the rail industry in the
state, but that authority has
expanded over time. Most
importantly it includes the ability
to regulate the production of oil
and gas in the state.
The commission has three
members elected to six years
overlapping terms.
If commissioners retire before the
election, the governor can appoint
people to fill the unexpired portion
of the term.
This is what the plural executive in fact
looks like, constitutionally.
The design is a consequence of history.
It was established in the Constitution
of 1876 - is argued to have been a
response to the perceived abuses the
state suffered under Reconstruction as
well as the alleged corruption of the
administration of E.J. Davis.
The executive in previous constitutions
had been more powerful, and better
to carry out state policies at the
expense of local governments.
The best example was executive
design in the Constitution of 1869,
which was drafted by the “Radical
Republicans” in 1868-69.
For detail on the 1869 convention
from the TSHA click here, and from
the online textbook Texas Politics,
click here.
Click here for the 1869
Constitution, and here for Article
IV which established the Executive
Department.
Interesting detail (at least to me)
prior to readmission to the union,
Texas was governed by the military
in the Fifth Military District, along
with Louisiana.
Party of the intent of the 1975
Constitutional Convention was to limit
the power of state government, and
the governor specifically. As a
consequence, it is generally argued
that the Texas Governor is one of the
weaker ones in the US. How weak is it
compared to other states?
Here’s a comprehensive effort to
determine who the weak and
powerful governors are.
Each top executive official is autonomous and
has their own independent base of support.
They cannot be controlled by the governor.
This raises the obvious question: Is the Texas
Governor too weak and too divided? Is it
possible for the voters to hold specific members
of the state executive accountable for their
actions if it is not clear who is responsible for
executive activities?
In recent decades there has been
an effort to expand the power of
the governor by allowing him to
appoint people to newly created
institutions, commissions and
boards. The governor has grown in
power to some degree as a result.
This helps explain why the current
governor - Rick Perry – is unusually
powerful. His duration in office has allowed
him to appoint people to practically every
appointed position on Texas government.
He has placed a stamp on the executive
beyond what governors are able to do.
His personal political strength has
transcended the institutional limitations of
the office.
For more thorough information,
click on Rutgers University’s Center
on the American Governor.
Roles, Functions and Powers of the Governors.
Section 2
ELECTION OF OFFICERS OF
EXECUTIVE DEPARTMENT
All the above officers of the
Executive Department (except
Secretary of State) shall be elected
by the qualified voters of the State
at the time and places of election
for members of the Legislature
This is what actually drives a
wedge between the people in the
separate executive positions.
Section 3
RETURNS OF ELECTION;
DECLARATION OF ELECTION; TIE
VOTES; CONTESTS.
This section states that the voter
returns have to be delivered to the
Secretary of State, who gives them
to the Speaker who announces the
winners of each race.
The Secretary of State, as you can
see, has a special role to play in
organizing and overseeing
elections in the state. Perhaps this
explains why the office is not
elected.
Sec. 3a. DEATH, DISABILITY, OR
FAILURE TO QUALIFY OF PERSON
RECEIVING HIGHEST VOTE.
This states what happens if the
winner dies. If it’s the governor,
the lieutenant governor gets the
job. Other succession issues are
handled by law.
Sec. 4. INSTALLATION OF
GOVERNOR; TERM; ELIGIBILITY.
The Governor elected at the general election in
1974, and thereafter, shall be installed on the
first Tuesday after the organization of the
Legislature, or as soon thereafter as practicable,
and shall hold his office for the term of four
years, or until his successor shall be duly
installed. He shall be at least thirty years of age,
a citizen of the United States, and shall have
resided in this State at least five years
immediately preceding his election.
The governor originally had
a two year term and rapid
turnover was common. This
established the four year term.
This has led to an increase in the
governor’s powers.
Click here for a list of Texas
Governors.
Section 5
COMPENSATION OF GOVERNOR.
The Governor shall, at stated
times, receive as compensation for
his services an annual salary in an
amount to be fixed by the
Legislature, and shall have the use
and occupation of the Governor's
Mansion, fixtures and furniture.
The mansion ain’t looking good right now.
All Texas elected executive officials
are paid $150,000 a year. The Texas
Governor gets some pretty cool
perks also.
But they are nowhere near the top
of state government employee
salaries.
Click here for the salaries of top
executive officials in the state.
Governor’s pay tend to vary widely
across the nation.
Section 6
HOLDING OTHER OFFICES;
PRACTICE OF PROFESSION; OTHER
SALARY, REWARD, OR
COMPENSATION.
During the time he holds the office of Governor,
he shall not hold any other office: civil, military
or corporate; nor shall he practice any
profession, and receive compensation, reward,
fee, or the promise thereof for the same; nor
receive any salary, reward or compensation or
the promise thereof from any person or
corporation, for any service rendered or
performed during the time he is Governor, or to
be thereafter rendered or performed.
As opposed to members of the
legislature, the governor can hold
no other position – including
private positions - apart from the
office.
The governorship – as well as the other
executive positions - is a professional position,
as opposed to legislative positions, which are
considered to be amateur.
Section 7
COMMANDER-IN-CHIEF OF
MILITARY FORCES; CALLING FORTH
MILITIA.
He shall be Commander-in-Chief of the
military forces of the State, except
when they are called into actual
service of the United States. He shall
have power to call forth the militia to
execute the laws of the State, to
suppress insurrections, and to repel
invasions.
The Governor is in charge of the
military forces in the state.
He has the power to appoint the
Adjutant General (as of 2/17/11 John F. Nichols), which heads the
Texas Military Forces.
TSHA: Adjutant General.
There are branches of the Texas
military:
1 – the Texas State Guard (Wikipedia)
2 – the Texas Army National Guard (Wikipedia)
3 – the Texas Air National Guard (Wikipedia)
The governor also has limited
police powers (most of these are
held by city and county
governments). He can appoint
members of the Public Safety
Commission which has authority
over the Department of Public
Safety.
The governor also has the power –
seldom used – to command the
Texas Rangers.
Section 8
CONVENING LEGISLATURE ON
EXTRAORDINARY OCCASIONS.
(a) The Governor may, on extraordinary
occasions, convene the Legislature at the
seat of Government, or at a different place,
in case that should be in possession of the
public enemy or in case of the prevalence
of disease threat. His proclamation
therefor shall state specifically the purpose
for which the Legislature is convened.
If Texas happens to be under
attack, he can convene the
legislature in different places, he
can also call special sessions to
expedite the appointment of
presidential electors.
It could happen ….
Section 9
GOVERNOR'S MESSAGE AND
RECOMMENDATIONS;
ACCOUNTING FOR PUBLIC MONEY;
ESTIMATES OF MONEY REQUIRED.
The Governor shall, at the commencement of each
session of the Legislature, and at the close of his term
of office, give to the Legislature information, by
message, of the condition of the State; and he shall
recommend to the Legislature such measures as he may
deem expedient. He shall account to the Legislature for
all public moneys received and paid out by him, from
any funds subject to his order, with vouchers; and shall
accompany his message with a statement of the same.
And at the commencement of each regular session, he
shall present estimates of the amount of money
required to be raised by taxation for all purposes.
The governor is mandated to give “state of
the state” messages before each session of
the legislature, and at the end of his term.
Click here for the one in 2011 to
commence the legislative session.
The Texas Tribune reviews them all.
An account of public moneys spent
has to be provided to the
legislature, and before each
session begins, an estimate has to
be provided of the amount of
money needed to be raised in
taxes in order to provide current
services.
This function is handled by the
Texas Comptroller, who is
mandated to present a revenue
estimation prior to the beginning
of each session of the Texas
legislature.
Click here for the process.
Click here for the 2012-13 estimate.
Section 10
EXECUTION OF LAWS; CONDUCT OF
BUSINESS WITH OTHER STATES AND
UNITED STATES.
He shall cause the laws to be
faithfully executed and shall
conduct, in person, or in such
manner as shall be prescribed by
law, all intercourse and business of
the State with other States and
with the United States.
Section 11
BOARD OF PARDONS AND
PAROLES; PAROLE LAWS;
REPRIEVES, COMMUTATIONS, AND
PARDONS; REMISSION OF FINES
AND FORFEITURES.
The Courts of the State of Texas having
original jurisdiction of criminal actions
shall have the power, after conviction,
to suspend the imposition or execution
of sentence and to place the defendant
upon probation and to reimpose such
sentence, under such conditions as the
Legislature may prescribe.
As with the President, the
Governor has the ability to check
judicial power by granting pardons
and paroles. Since it is expected
that a greater number of prisoners
will be held in state facilities, an
institution exists to process
requests for paroles and clemency.
The Governor appoints people to
the board subject to senate
confirmation. Click here for a list of
current board members.
Click here for the Board of Pardons
and Paroles’ website. For further
information:
TSHA.
Topics: Texas Tribune.
Self Evaluation.
Sec. 11B. CRIMINAL JUSTICE
AGENCIES.
The legislature has the authority to
organize and establish criminal
justice agencies.
(a) The legislature by law may organize and combine
into one or more agencies all agencies of the state that:
(1) have authority over the confinement or supervision
of persons convicted of criminal offenses; (2) set
standards or distribute state funds to political
subdivisions that have authority over the confinement
or supervision of persons convicted of criminal offenses;
or (3) gather information about the administration of
criminal justice. (b) The legislature by law may
authorize the appointment of members of more than
one department of government to serve on the
governing body.
These tasks are handled by the
Texas Department of Criminal
Justice (Wikipedia).
They run the prisons.
The Texas Department of Criminal
Justice is overseen by the Texas
Board of Criminal Justice, a nine
member pane; appointed by the
governor.
The Criminal Justice Division of the
Attorney General’s Office is also
involved in the criminal justice
process, they assist with criminal
investigations.
Sec. 12.
VACANCIES IN STATE OR DISTRICT
OFFICES.
The governor has vast power to fill
vacancies in the state and district offices.
This gives the governor a significant degree
of power over other institutions, notably
the judiciary. Judges often resign prior to
the end of their terms so that the governor
can replace them with a handpicked
selection that can then run for reelection
as the incumbent.
Here are items related to judicial
appointments
- Grits for Breakfast.
- NYT.
- Judges appointed by Rick Perry
By the way, if you’d like to be
appointed to a board or
commission click here.
Here are notifications of recent
appointments made by the
Governor.
Section 13
RESIDENCE OF GOVERNOR.
During the session of the
Legislature the Governor shall
reside where its sessions are held,
and at all other times at the seat of
Government, except when by act of
the Legislature, he may be required
or authorized to reside elsewhere.
Normally the governor lives in the
Governor’s Mansion (which burned
recently). So Governor Perry lives
in rental property.
Section 14
APPROVAL OR DISAPPROVAL OF
BILLS; RETURN AND
RECONSIDERATION; FAILURE TO
RETURN; DISAPPROVAL OF ITEMS
OF APPROPRIATION.
The Governor’s role in the bill
making process is similar to the
President’s, with some significant
differences.
He has 10 days, rather than 20, if the
bill is presented to him during the
session.
After the session is over, the Governor
has 20 days to veto, but these vetoes
cannot be overridden because the
legislature is no longer in session to do
so. These vetoes are final.
The Governor has line item veto
authority which allow for him to
strike items from appropriations
bills. He does not have this power
over other bills.
Click here for a list of all vetoes by
Texas governors.
Governor Perry has been known to
veto a large number of bills,
including a record 83 in 2001.
Section 15
APPROVAL OR DISAPPROVAL OF
ORDERS, RESOLUTIONS, OR VOTES.
Every order, resolution or vote to which the
concurrence of both Houses of the Legislature
may be necessary, except on questions of
adjournment, shall be presented to the
Governor, and, before it shall take effect, shall be
approved by him; or, being disapproved, shall be
repassed by both Houses, and all the rules,
provisions and limitations shall apply thereto as
prescribed in the last preceding section in the
case of a bill.
The veto power described in the
previous section applies to
resolutions as well.
The next section details the powers
of the Lieutenant Governor
(Wikipedia).
Section 16
LIEUTENANT GOVERNOR
a) There shall also be a Lieutenant Governor, who shall
be chosen at every election for Governor by the same
voters, in the same manner, continue in office for the
same time, and possess the same qualifications. The
voters shall distinguish for whom they vote as Governor
and for whom as Lieutenant Governor.
(b) The Lieutenant Governor shall by virtue of his office
be President of the Senate, and shall have, when in
Committee of the Whole, a right to debate and vote on
all questions; and when the Senate is equally divided to
give the casting vote.
Note that the office is discussed in
the Articles on both the legislature
and executive.
The Texas State Library has a list of
past Lieutenant Governors. Here is
a link to the office’s official
website.
Its suggested that the Lieutenant
Governors’ power over the Senate make
that office stronger than the Governors’
Office. This is especially true when
someone with a strong personality
occupies the office, like Bob Bullock.
Click here for the duties of the office.
Many of the powers of the office
are established in the Senate’s
rules of procedure. He is the leader
of the Senate.
These were discussed previously.
Section 17
DEATH, RESIGNATION, REFUSAL TO
SERVE, REMOVAL, INABILITY TO
SERVE, IMPEACHMENT, OR
ABSENCE; COMPENSATION.
The President Pro-Tempore of the
Senate replaces the Lieutenant
Governor is something happens to
him or her.
Section 18.
RESTRICTIONS AND INHIBITIONS.
The Lieutenant Governor or President pro
tempore of the Senate shall, during the
time the Lieutenant Governor or President
pro tempore exercises the powers and
authority appertaining to the office of
Governor, be under all the restrictions and
inhibitions imposed in this Constitution on
the Governor.
Section 19
SEAL OF STATE
There shall be a Seal of the State which
shall be kept by the Secretary of State,
and used by him officially under the
direction of the Governor. The Seal of
the State shall be a star of five points
encircled by olive and live oak
branches, and the words "The State of
Texas."
From the Secretary of State’s
office: “The state seal is required
by law to be affixed to numerous
documents, such as commissions
for elected and appointed state
and local officials, etc . . .
Here is the state seal:
Wrong slide – sorry.
Section 21
SECRETARY OF STATE.
There shall be a Secretary of State,
who shall be appointed by the
Governor, by and with the advice
and consent of the Senate, and
who shall continue in office during
the term of service of the Governor.
He shall authenticate the publication of the
laws, and keep a fair register of all official
acts and proceedings of the Governor, and
shall, when required, lay the same and all
papers, minutes and vouchers relative
thereto, before the Legislature, or either
House thereof, and shall perform such
other duties as may be required of him by
law. He shall receive for his services an
annual salary in an amount to be fixed by
the Legislature.
Click here for the official website of
the Secretary of State, and here for
the Wikipedia page. The major
responsibility of the Secretary is
State is overseeing the conduction
of elections.
From the website: The Secretary serves as Chief
Election Officer for Texas, assisting county election
officials and ensuring the uniform application and
interpretation of election laws throughout Texas. The
Office of the Secretary of State also provides a
repository for official and business and commercial
records required to be filed with the Office. The
Secretary publishes government rules and regulations
and commissions notaries public. The Secretary also
serves as keeper of the state seal and attestor to the
Governor's signature on official documents. In addition,
the Secretary serves as senior advisor and liaison to the
Governor for Texas Border and Mexican Affairs, and
serves as Chief International Protocol Officer for Texas.
From Google News: Stories related
the Texas Secretary of State.
Section 22
ATTORNEY GENERAL.
The Attorney General shall represent the State in
all suits and pleas in the Supreme Court of the
State in which the State may be a party, and
shall especially inquire into the charter rights of
all private corporations, and from time to time,
in the name of the State, take such action in the
courts as may be proper and necessary to
prevent any private corporation from exercising
any power or demanding or collecting any
species of taxes, tolls, freight or wharfage not
authorized by law.
He shall, whenever sufficient cause
exists, seek a judicial forfeiture of such
charters, unless otherwise expressly
directed by law, and give legal advice
in writing to the Governor and other
executive officers, when requested by
them, and perform such other duties
as may be required by law.
The Attorney General is the chief
legal and law enforcement officer
of the state. The office defends the
laws and the constitution of the
state.
It also represents the state when it
is involved in litigation, and
approves public bonds.
Click here for the official website of the
Attorney General’s office and here for the
Wikipedia page.
Click here for Google results for news items
related to the Attorney General. The
current AG, Greg Abbott, has been very
active in recent cases involving federalism
disputes between the powers of the US vs.
Texas governments.
Section 23
COMPTROLLER OF PUBLIC
ACCOUNTS; COMMISSIONER OF
GENERAL LAND OFFICE; ELECTED
STATUTORY STATE OFFICERS;
TERM; SALARY; FEES, COSTS AND
PERQUISITES.
The Comptroller of Public Accounts, the
Commissioner of the General Land Office, the
Attorney General, and any statutory State officer
who is elected by the electorate of Texas at
large, unless a term of office is otherwise
specifically provided in this Constitution, shall
each hold office for the term of four years. Each
shall receive an annual salary in an amount to
be fixed by the Legislature; reside at the Capital
of the State during his continuance in office, and
perform such duties as are or may be required
by law.
They and the Secretary of State shall
not receive to their own use any fees,
costs or perquisites of office. All fees
that may be payable by law for any
service performed by any officer
specified in this section or in his office,
shall be paid, when received, into the
State Treasury.
Click here for the official website of
the Comptroller of Public
Accounts, and here for the
Wikipedia entry on the office.
From the website: “The
Comptroller is the chief steward of
the state’s finances, acting as tax
collector, chief accountant, chief
revenue estimator and chief
treasurer for all of state
government.”
News about the Texas Comptroller
of Public Accounts from Google.
Click here for the website of the
Texas General Land Office and
website of the Commissioner.
Click here for the TSHA on the office.
This section also mentions the
General Land Office without
actually establishing it.
This is done in Article 14 of the
Constitution.
It manages state-controlled lands and
mineral rights properties. The agency
originally collected and kept records
regarding lands controlled by the state.
Its management of mineral rights makes it
a very popular agency with the oil and gas
industry. This management extends over
10 miles out into the gulf.
Click here for news about the TGLO
from Google.
Sec. 24. ACCOUNTS AND REPORTS;
INFORMATION TO, AND
INSPECTION BY, GOVERNOR;
PERJURY.
An account shall be kept by the officers of
the Executive Department, and by all
officers and managers of State institutions,
of all moneys and choses in action received
and disbursed or otherwise disposed of by
them, severally, from all sources, and for
every service performed; and a semiannual report thereof shall be made to the
Governor under oath.
The Governor may, at any time, require information in
writing from any and all of said officers or managers,
upon any subject relating to the duties, condition,
management and expenses of their respective offices
and institutions, which information shall be required by
the Governor under oath, and the Governor may also
inspect their books, accounts, vouchers and public
funds; and any officer or manager who, at any time,
shall willfully make a false report or give false
information, shall be guilty of perjury, and so adjudged,
and punished accordingly, and removed from office.
Sec. 25. CUSTODIANS OF PUBLIC
FUNDS; BREACHES OF TRUST AND
DUTY.
The Legislature shall pass efficient
laws facilitating the investigation
of breaches of trust and duty by all
custodians of public funds and
providing for their suspension from
office on reasonable cause shown,
and for the appointment of
temporary incumbents of their
offices during such suspension.
Sec. 26. NOTARIES PUBLIC. (a) The Secretary of
State shall appoint a convenient number of
Notaries Public for the state who shall perform
such duties as now are or may be prescribed by
law. The qualifications of Notaries Public shall
be prescribed by law. (b) The terms of office of
Notaries Public shall be not less than two years
nor more than four years as provided by law.
(Amended Nov. 5, 1940; Subsec. (b) amended
Nov. 6, 1979.)
(a) The Secretary of State shall appoint a
convenient number of Notaries Public for
the state who shall perform such duties as
now are or may be prescribed by law. The
qualifications of Notaries Public shall be
prescribed by law.
(b) The terms of office of Notaries Public
shall be not less than two years nor more
than four years as provided by law.