By Loren Miller
THE ROLE OF GOVERNOR
• Citizens expect the governor to play many roles
– Chief Legislator: there is an expectation that a governor will have an
agenda of legislation to recommend
– Party Chief: there is an expectation that a governor will be the head
of their political party
– Ceremonial Duties: there is an expectation that a governor will attend
many functions and represent the state
– Intergovernmental Coordinator: there is an expectation that a
governor will coordinate activities with other state government and
with the national government
– Crisis Manager: there is an expectation that a governor will provide
strong leadership in times of natural or manmade disaster
LEGAL REQUIREMENTS
• at least 30 years of age
• a United States citizen
• a resident of Texas for at least five years
preceding election
REQUIREMENTS FOR EXECUTIVE OFFICE
Minimum Age:
None
25
30
31
35
4
5
7
34
POTUS
State Citizenship or Residency:
5-10 years 32
14 years
POTUS
U.S. Citizenship:
No Requirement
Required
Less than 5 years
5-10 years
11+ years
By birth
Qualified Voter:
Yes
Not Specified
10
25
1
9
5
POTUS
21
31
PRACTICAL REQUIREMENTS
• personal wealth and/or ability to raise large sums of money
• previous public service
• lawyers or business executives
•
middle-aged
•
•
•
•
Protestant (Baptist or Methodist)
white
male
east of I-35
COMPENSATION OF GOVERNORS
2012
1. Pennsylvania
2. New York
3. Illinois
4. New Jersey
5. Virginia
6. California
7. Delaware
8. Washington
9. Michigan
10. Kentucky
11. Texas
$183,255
$179,000
$177,412
$175,000
$175,000
$173,987
$171,600
$166,891
$150,000
$151,643
$150,000
50. Maine
49. Arkansas
48. Colorado
47. Oregon
46. Arizona
45. South Dakota
44. Kansas
43. Wyoming
42. Nebraska
41. South Carolina
$70,000
$86,890
$90,000
$93,600
$95,000
$98,031
$99,636
$105,000
$105,000
$106,078
National Average: $132,851
SUCCESSION TO OFFICE
• If the governor dies or leaves office for any
reason, the Lieutenant Governor advances to
the office of governor.
• In Texas, the Lieutenant Governor becomes
“acting governor” whenever the governor
leaves the state.
– When Governor Perry was running for
president, the Lieutenant Governor became
“acting governor.”
SUCCESSION TO OFFICE
• After the Lieutenant Governor, the line of
succession is:
– The President Pro Tempore of the Senate
– The Speaker of the House
– The Attorney General
– The Chief Justice of Courts of Appeals
• There are 14 Courts of Appeals in Texas
REMOVAL FROM OFFICE
• The Governor of Texas can be removed from office by
impeachment:
– The Texas House charges (impeaches)
– The Texas Senate determines the outcome
• Jim Ferguson (1915-1917) was impeached and
convicted for misuse of state funds (actually because
of his fight with the UT Board of Regents)
• Some states, but not Texas, allow the recall of
governors
TENURE
• If the governor dies or leaves office for any
reason, the Lieutenant Governor advances to
the office of governor.
• In Texas, the Lieutenant Governor becomes
“acting governor” whenever the governor
leaves the state.
– When Governor Perry was running for
president, the Lieutenant Governor became
“acting governor.”
PLURAL EXECUTIVE
ATTORNEY
GENERAL
TEXAS VOTERS
GOVERNOR
STATE
COMPTROLLER
RAILROAD
COMMISSION
(3 MEMBERS)
AG.
COMMISSIONER
LT. GOVERNOR
LAND
COMMISSIONER
BOARD OF
EDUCATION
(15 MEMBERS)
2010
RAILROAD COMMISSION
• Created in 1891 to regulate railroad monopolies
• The task of regulating the exploration , drilling and
production of oil and gas was assigned to the
railroad commission in the 1920s
• Regulation of the trucking industry was assigned
to the railroad commission in the 1930s
• Since railroads and trucking are interstate, not
intrastate commerce, the railroad commission’s
primary function is the oil and gas industry
RAILROAD COMMISSION
“The Commission is the most powerful state agency there is.”
Phillip Robinson, lobbyist
• A conservation agency
– To prevent the waste of natural resources, the
agency sets an allowable for each oil and gas well.
• Prorate oil production to conform to market
demands
– Oil producing nations have adopted this format to
keep oil prices at a profitable level
• Protect the rights of producers and royalty owners
• What type of people are likely to be elected to the
railroad commission?
BOARD OF EDUCATION
Select approved texts for public schools
• History
– Succeeded in changing curriculum standards in
2010.
• Downplay the role of Hispanics in Texas history
• Diminish Thomas Jefferson’s standing because of his
strong belief in the separation of church and state
• Stressed the Christian background of our founding fathers
• Emphasized states’ rights as a cause of the Civil War
• Ban the use of the word “capitalism” because it is often
used in a negative context.
• Biology
– Creationism v. evolution
LIEUTENANT GOVERNOR
• The power of the Lieutenant Governor is not as
an executive leader but as a legislative leader
– Presides over the Texas Senate
– One of the strongest in the nation
– Co-chairs the Legislative Budget Board (with the
Speaker) and appoints Senate members
Current Occupant is David Dewhurst ($7,200/yr + Per Diem)
Eight states do not have a Lieutenant Governor
ATTORNEY GENERAL
• The chief legal officer of the state
– Represents state agencies, boards and commissions
in court
• Defending the state’s public school financing system (1980s
and 1990s)
• Filing suit against the Environmental Protection Agency (2013)
– Deals mostly with civil law (although they emphasize
crime issues when they run for office)
• Child support payments
• Collection of delinquent state taxes
– Opinions by the Attorney General
ATTORNEY GENERAL
• Often a stepping stone to higher office as the
Attorney General can become involved in a wide
range of high-profile policy issues which keeps the
office in the public eye.
• Former Attorney Generals include:
– John Cornyn (U.S. Senator)
– Mark White (Governor)
– Current occupant is Greg Abbott ($150,000/yr)
STATE COMPTROLLER
• The state comptroller is responsible for tax
collection as well as revenue forecasting
– The comptroller is the state’s accountant,
auditor and tax collector.
– Texas can not deficit spend, so before the
legislature meets the comptroller must provide
legislators with the maximum amount of money
that will be available for the next two years
– Current occupant is Susan Combs ($150,000/yr)
Accuracy of Revenue Forecasts
In Billions
STATE COMPTROLLER
• The state comptroller is also responsible for
other duties:
– Collecting taxes (sales tax, motor fuel tax, inheritance
tax)
– Returns abandoned money and property
– Invests deposits to generate revenue
LAND COMMISSIONER
• Responsibility is to administer state lands
– Includes 20 million acres of land (open beaches and
submerged land 10.3 miles into the Gulf of Mexico
– Responsible for leasing state lands and generating
funds from oil and gas production
• The General Land Office generates hundreds of millions of
dollars in royalties on oil and gas extracted from state lands.
• Environmental protection has often been treated as
secondary to economic growth
– Current occupant is Jerry Patterson ($137,500)
AGRICULTURE COMMISSIONER
Candidate must claim to be an experienced farmer
• Responsibility is to promote Texas agricultural
products and protect the public from unsafe
agricultural practices
– Pesticide regulation and pest management
• This is somewhat of a trade off between
environmental protection and the interests of
agribusiness
– Food inspection
– Inspection and certification of measuring
devices (gasoline pumps and market scales)
Current Occupant is Todd Staples ($137,500/yr)
APPOINTMENT POWERS
GOVERNOR
Secretary of State
Commissioner of Education
Adjutant General
Commissioner of Insurance
Commissioner of Health
and Human Services
Governing Boards and
Commissions (300+)
Director, Office of
State-Federal Relations
SECRETARY OF STATE
• Responsibility is primarily in the area of
elections and the keeper of state records
– Voter registration
• Cooperate in voter registration drives
– Preparation of election information
– Supervision of elections
• Keeps records of all debt transactions
– When someone borrows money from a bank or other
financial institution, a copy of the loan agreement is filed
with the Secretary of State
SECRETARY OF STATE
• The Secretary of State is the highest-ranking
official appointed by the Governor (with Senate
approval) rather than be elected by the voters.
– Past secretaries have used this office to build
name recognition among the public and run for
another statewide office
• John Hill (Attorney General, 1973-1979)
• Mark White (Governor, 1983-1987)
• Bob Bullock (Lieutenant Governor, 1991-1999)
• Current occupant (2013) is John Steen
COMMISSIONER FOR HEALTH
AND HUMAN SERVICES
• Created in 1991 to coordinate a number of
health related programs
– Aging
– Alcohol and drug abuse
– The blind, deaf and hard of hearing
– Early childhood intervention
– Juvenile probation
– Mental health and retardation
STATE-FEDERAL RELATIONS
• This office coordinates relations between state
and federal officials
– Becomes an advocate for the state in dealing
with federal agencies
• Attempting to receive more federal funds for
West, Texas
ADJUTANT GENERAL
• This office is specified in the Texas
Constitution and is responsible for directing
the state military force
BOARDS AND COMMISSIONS
• There are over 300 boards and commissions
and the governor appoints over 2,800 members
– Boards and commissions have multiples of 3
(3, 6, 9, 12 . . . .) and the governor nominates
1/3 of the members every two years
– The nominees must be confirmed by the Texas
Senate (2/3s vote)
• Role of Senatorial Courtesy
– The members serve a six year term
– The members can be removed only with a 2/3s
vote of the Senate
TYPES OF BOARDS
Social Services:
Juvenile Justice Board
Health and Human Services
Criminal Justice Board
Workforce Commission
Higher Education:
University Boards of Regents
Higher Education Coordinating Board
TYPES OF BOARDS
Natural Resources:
Water Development Board
Transportation Commission
Parks and Wildlife Commission
Commission on Environmental Quality
TYPES OF BOARDS
Licensing Boards:
Board of Barber Examiners
Cosmetology Commission
Polygraph Examiners Board
Doctors, Dentists, Podiatrists, Nurses,
Realtors, Insurance, Funeral Directors
TYPES OF BOARDS
Regulatory Boards:
Public Utilities Commission
Alcoholic Beverage Commission
Racing Commission
Finance Commission,
State regulatory agencies make rules which are
legally binding regulations
“It’s a time honored tradition in
Texas politics that if you expect
one of the plum appointed
positions, you should expect to
be a hefty contributor.”
John Hildreth, Common Cause
Some of Governor Perry’s appointees . . .
Paul Foster
$389,000
UT
Larry Anders
$383,000
Texas Tech
James Dannenbaum
$297,000
UT
Steve Hicks
$290,000
UT
Philip Adams
$285,000
Texas A&M
2010
Regent Appointee Contributions to Governor Perry, 2001-2010
Amount
Board
# of
Appointees
% Who
Donated
Average
Contributed
$1,589,000
U. of Texas
16
81%
$99,300
$1,360,000
Texas A&M
14
86%
$97,100
$1,160,000
Texas Tech
16
94%
$72,300
$903,000
U. of
Houston
15
87%
$60,200
$504,000
U. of North
Texas
16
44%
$31,500
$243,300
Texas
Southern
19
37%
$12,900
Executive Powers
LEGISLATIVE POWERS
• Power to declare legislation an “emergency
measure”
• The Veto
– Post-adjournment Veto
• In 2001, Governor Perry vetoed a record 82
bills after the session ended
– Item Veto
• Special Sessions
– 30 days
– establish the agenda
Gubernatorial Vetoes
Governor
Years
Vetoes
Average/Year
Bill Clements
1979-1983
78
19.5
Mark White
1983-1987
95
23.75
Bill Clements
1987-1991
113
28.0
Ann Richards
1991-1995
62
15.5
George W. Bush
1995-2000
97
10.3
Rick Perry
2000- 2012
273
22.7
Through 2012
JUDICIAL POWERS
• Pardons and Paroles
Governor
Governor
Board of Pardon
& Paroles
Prisoner
Prisoner
JUDICIAL POWERS
• In capital punishment, the governor may grant a
30-day stay of execution without the
recommendation of the Board of Pardons and
Paroles
• Upon recommendation of the Board of Pardons
and Paroles, the governor may grant a:
– Reprieve: the postponement of punishment
– Commutation: the reduction of punishment
– Pardon: exemption from punishment
JUDICIAL POWERS
• Fill Judicial Vacancies
– Many state judges (over 40%) received their
initial position by gubernatorial appointment
Judges Appointed by the Governor
2013
Supreme Court
6 of 9
Court of Criminal Appeals
2 of 9
Courts of Appeal
45 of 80
District Courts
175 of 456
“In Texas, gubernatorial leadership is
plagued by three conflicting truths. The
voters expect it. The Constitution limits it.
And lawmakers, while sometimes carping
about the lack of it, often resent it.”
Ken Herman, journalist
“The governor’s
office is what you
make of it.”
Bill Clements, former Governor
of Texas
“People say the Texas Governor
is a weak position. Only a weak
person makes it a weak
position.”
George W. Bush, former
Governor of Texas
Why does anyone want to be
governor of Texas? The
governorship is like the super-super
gift in the Neiman-Marcus Christmas
catalog—something for the man who
has everything and absolutely
unique!
Anonymous political scientist
STRONG GOVERNORS
•
•
•
•
•
•
•
•
•
•
Four-year term of office; no limit on reelection**
Leader of political party; state has strong party system
Call special elections/appoint replacements*
Appoint judges, commissions, and boards*
Govern with cabinet style leadership
Develop budget for all executive agencies
Call special sessions and set agenda**
Veto bills; return bills to legislature for changes*
Veto line items in appropriations bills**
Reduce appropriations
Executive Powers
GUBERNATORIAL POWERS
Strong
Massachusetts 4.3
Maryland 4.2
New Jersey 4.0
Washington 4.0
West Virginia 4.1
Moderately Strong
Illinois 3.9
South Dakota 3.8
New Mexico 3.5
Minnesota 346
Hawaii 3.9
New York 3.7
Kansas 3.5
Connecticut 3.4
North Dakota 3.8
Mississippi 3.7
Wyoming 3.5
Ohio 3.8
Utah 3.6
West Virginia 3.4
Michigan 3.8
Alaska 3.5
Pennsylvania 3.4
Moderate
Maine 3.3
Virginia 3.3
Colorado 3.1
Idaho 2.8
Montana 3.3
Indiana 3.3
Nebraska 3.1
Louisiana 2.8
Overall Average 3.3
Alabama 3.3
Florida 3.1
Missouri 2.8
Wisconsin 3.3
Kansas 3.3
Georgia 3.0
New Hampshire 2.8
Delaware 3.3
Iowa 3.2
Nevada 3.0
Tennessee 2.8
Arizona 3.3
Kentucky 3.2
California 2.9
Texas 2.8
Rhode Island 2.3
Weak
Arkansas 2.7
Vermont 2.6
North Carolina 2.5
South Carolina 2.7
Oregon 2.5
Oklahoma 2.4
2013
GUBANATORIAL POWERS
SUMMARY OF POWERS
• Executive Powers
– One of the weakest in the United States
• Legislative Powers
– One of the strongest in the United States
• Judicial Powers
– Fairly weak