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.
Texas’ plural executive 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 Texas governor’s office is
generally considered to be one of
the weaker ones in the country.
Sec. 3. RETURNS OF ELECTION;
DECLARATION OF ELECTION; TIE
VOTES; CONTESTS.
Sec. 3a. DEATH, DISABILITY, OR
FAILURE TO QUALIFY OF PERSON
RECEIVING HIGHEST VOTE.
Sec. 4. INSTALLATION OF
GOVERNOR; TERM; ELIGIBILITY.
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.
Sec. 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.
Click here for the salaries of top
executive officials in the state.
Governor’s pay tend to vary widely
across the nation.
Sec. 6. HOLDING OTHER OFFICES;
PRACTICE OF PROFESSION; OTHER
SALARY, REWARD, OR
COMPENSATION.
As opposed to members of the
legislature, the governor can hold
no other position – including
private positions - apart from the
office.
Sec. 7. COMMANDER-IN-CHIEF OF
MILITARY FORCES; CALLING FORTH
MILITIA.
The governor appoints the
Adjutant General (as of 2/17/11 John F. Nichols), which heads the
Texas Military Forces.
TSHA: Adjutant General.
The governor 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.
Sec. 8. CONVENING LEGISLATURE
ON EXTRAORDINARY OCCASIONS.
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.
Sec. 9. GOVERNOR'S MESSAGE
AND RECOMMENDATIONS;
ACCOUNTING FOR PUBLIC MONEY;
ESTIMATES OF MONEY REQUIRED.
The governor is mandated to give “state of
the state” messages before each session of
the legislature, and at the end of his term.
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.
Sec. 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.
Sec. 11. BOARD OF PARDONS AND
PAROLES; PAROLE LAWS;
REPRIEVES, COMMUTATIONS, AND
PARDONS; REMISSION OF FINES
AND FORFEITURES.
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.
These tasks are handled by the
Texas Department of Criminal
Justice (Wikipedia).
They run the prisons.
Click here for the Criminal Justice
Division of the Attorney General’s
Office.
Sec. 12. VACANCIES IN STATE OR
DISTRICT OFFICES.
Sec. 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.
Sec. 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.
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.
The Governor has 20 calendar days
after the end of the legislative
session to veto bills.
Since the Legislature would not be
in session, they cannot override
these vetoes.
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.
Sec. 15. APPROVAL OR
DISAPPROVAL OF ORDERS,
RESOLUTIONS, OR VOTES.
The veto power described in the
previous section applies to
resolutions as well.
The next section details the powers
of the Lieutenant Governor
(Wikipedia).
Sec. 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.
Sec. 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.
Sec. 18. RESTRICTIONS AND
INHIBITIONS.
Restrictions on the power of the
governor apply to other offices
that may replace him.
Sec. 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:
Sec. 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,
and here for the Wikipedia page.
Sec. 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.
Click here for the official website
and here for the Wikipedia.
Sec. 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
and here for the Wikipedia.
Sec. 24. ACCOUNTS AND REPORTS;
INFORMATION TO, AND
INSPECTION BY, GOVERNOR;
PERJURY.
Sec. 25. CUSTODIANS OF PUBLIC
FUNDS; BREACHES OF TRUST AND
DUTY.
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.)