Texas and United
States Governments
Federalism
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As a state within the United States, Texas is part
of a federal system of government. This means
that some powers belong to the federal
government and others belong to state
governments.
Powers for the state are reserved powers, such as
establishing legal age for marriage without
permission, creating a public school system, and
regulating commerce within its borders.
Texas cannot create its own money, declare war
on other countries or sign treaties. This is
reserved for the federal government.
Texas Constitution
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The last constitution written in Texas in
1876 was based on the U.S. Constitution.
Role of the constitution is to give
government bodies various powers,
describe the rights of citizens, and provide
a way to make changes through
amendments.
The constitution emphasizes that political
power belongs to the people. (Popular
Sovereignty)
Separation of Powers
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The Texas government is like that of the U.S. with
its separation of powers by having three different
branches of government.
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Judicial Branch – interprets the laws
Legislative Branch – makes the laws
Executive Brach – enforces the laws
Each branch serves as a check and balance over
the other one. Therefore, no branch will gain too
much power.
The Bill of Rights was added to protect the basic
rights of citizens.
Judicial Branch
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Judicial System
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The judicial branch is made up of courts and
judges. It has three purposes: those accused of
crimes maybe tried, and if found guilty,
punished, and settles disputes.
Judicial Branch
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Civil or Criminal Law
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Civil law pertains to legal disputes between private citizens,
businesses, and governments. Examples of these cases are
lawsuits, disputes over money, property, and child cases.
Criminal laws are violations against a law. It is concerned with
crimes and punishment.
There are two types of offenses under criminal law: felony and
misdemeanor.
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Felonies are serious crimes such as murder, arson or kidnapping.
This is usually punished by jail time or even the death penalty
A misdemeanor is a less serious crime such as gambling, disorderly
conduct, or serious traffic violations. These are usually resolved with
paying fines, community service or time in county jail.
Judicial Branch
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The Jury System
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A grand jury considers cases involving felonies
and issues an indictment when 9 or more of its
12 members believe the evidence is strong
enough to convict.
A petite jury decides criminal cases that go to
criminal court.
Some cases are settled by plea bargaining. This
is when the accused confesses for a lesser
sentence.
Judicial Branch
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The Court System of Texas
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Trial Courts – hear cases and reach a decision
called a verdict. (with judge or jury)
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There are three levels of trial courts: municipal (city),
county and district.
Appeals Courts – hears cases in which the first
decision in the first trial is being appealed.
Texas has two high courts – Court of
Criminal Appeals and the Supreme Court
of Texas.
Texas Legislature
The Function of the Legislative Branch
1. Like that of the U.S. legislature, the Texas
legislature is bicameral meaning having two
rooms or chambers. The two chambers are the
Senate and House of Representatives.
(Congress)
2. The legislative branch makes the laws that
govern Texas. They approve or reject
governors’ appointments, discuss how state
money should be spent (schools, prisons,
environment) and decide if taxes should be
raised or lowered.
Texas Legislature
The Senate and the House
1. The Senate is composed of 31 members and the House is
composed of 150 members all elected by the people. The
population count is what determines district lines and the number
of legislators in that district. An important duty of the legislature
is redistricting. (Redrawing congressional lines determined by
population.) Redistricting is important because it could
determine what party controls Congress.
2. Congress meets every 2 years unless a special session called
by the governor for problems that need immediate solutions.
3. The lieutenant governor is elected by voters of the state, and
serves as the Senate’s president. However, the House of
Representatives elects a Speaker of the House as their leader.
4. Committees help the legislature carry out the tasks of
studying problems and drafting bills. Committees are appointed
by the Speaker and lieutenant governor.
Texas Legislature
How a Bill Becomes a Law
1. There are two major types of proposals. The first is a resolution,
used to propose an amendment to the Texas Constitution. The
second is a bill, or proposed law.
2. First the bill is introduced to Congress, sent to committee where
they hear the pros and cons of the bill. They must then decide if the
House or Senate should consider it. Most bills are killed in the
committee.
3. If the bill is approved in one house, it must then be sent to the
other house for approval.
4. If the House and Senate approve different forms of the same bill,
it goes to conference committee which is composed of members
from both houses appointed by the lieutenant governor and speaker.
They may even alter the bill. If passed there, it must again be
passed in both houses.
5. Then the bill goes to the governor for signature. If signed it
becomes a law, if vetoed, it does not become a law unless 2/3 of the
House and 2/3 of the Senate override the veto.
The Executive Branch
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The Function of the Executive Branch
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The executive branch enforces laws passed by
legislature.
The Executive Branch
The Governor
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The governor is head of the executive branch. The governor
serves a 4 year term and there is no limit on the number of
terms that can be served.
The governor must be a U.S. citizen, 30 or older, and be a
resident of Texas for at least 5 years before the election.
Our current governor is Rick Perry.
The governor makes appointments to boards and commissions
which must be approved by 2/3 of the Senate. The governor can
also remove officials (ex: judges) with approval of the Senate.
The governor can also veto a bill. (cancel) A line item veto
allows the governor the reject items in appropriation bills, which
deals with how money is spent.
The governor can call special sessions where the governor
decides what business needs to be discussed.
The governor can give pardons or delay an execution. The
governor also serves as commander in chief, in control of the
Texas Guard.