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
Compared to US
PRACTICAL REQUIREMENTS
• personal wealth and/or ability to raise large sums of money
• previous public service
• lawyers or business executives
•
middle-aged
•
•
•
•
protestant
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.”
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)
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
• 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
• http://www.laits.utexas.edu/txp_media/html/e
xec/features/0902_01.html
ATTORNEY GENERAL
• The chief legal officer of the state
– Represents state agencies, boards and
commissions in court
– Deals mostly with civil law
• Child support payments
• Collection of delinquent state taxes
– Opinions by the Attorney General
• Often a stepping stone to higher office
STATE COMPTROLLER
• The state comptroller is responsible for tax
collection as well as revenue forecasting
– 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
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
AGRICULTURE
COMMISSIONER
• Responsibility is to promote Texas agricultural
products and protect the public from unsafe
agricultural practices
– Pesticide regulation
– Pest management
– Inspection and certification of measuring
devices (gasoline pumps)
APPOINTMENT POWERS
GOVERNOR
Secretary of State
Commissioner of Education
Adjutant General
Commissioner of Insurance
Commissioner of Health
and Human Services
Governing Boards and
Commissions (200+)
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
– Preparation of election information
– Supervision of elections
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
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
TYPES OF BOARDS
Social Services:
Juvenile Justice Board
Health and Human Services
Criminal Justice Board
Workforce Commission
TYPES OF BOARDS
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
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
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
2010
Appointed
Percentage
Supreme Court
5
56
Ct of Criminal
Appeals
1
11
Courts of Appeals
44
56
District Courts
168
38
“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
GUBERNATORIAL POWERS
Strong
Massachusetts 4.3
New York 4.1
Maryland 4.1
New Jersey 4.1
Alaska 4.1
West Virginia 4.1
Moderately Strong
Utah 4.0
Iowa 3.8
Connecticut 3.6
Missouri 3.6
North Dakota 3.9
Tennessee 3.8
Florida 3.6
Minnesota 3.6
Colorado 3.9
Nebraska 3.8
Ohio 3.6
Washington 3.6
Pennsylvania 3.8
New Mexico 3.7
Michigan 3.6
Illinois 3.8
Maine 3.6
Arkansas 3.6
Moderate
Delaware 3.5
Arizona 3.4
Virginia 3.2
South Dakota3.0
Wisconsin 3.5
Hawaii 3.4
Georgia 3.2
Nevada 3.0
Overall Average 3.5
Kentucky 3.3
Texas 3.2
Montana 3.5
Kansas 3.3
California 3.2
Oregon 3.5
Idaho 3.3
Wyoming 3.1
Louisiana 3.4
New Hampshire 3.2
South Carolina 3.0
Weak
North Carolina 2.9
Mississippi 2.9
Oklahoma 2.8
Indiana 2.9
Alabama 2.8
Rhode Island 2.6
Vermont 2.5
2008
GUBANATORIAL POWERS
SUMMARY OF POWERS
• Executive Powers
– One of the weakest in the United States
• Legislative Powers
– Very strong
• Judicial Powers
– Fairly weak