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The Executive Branch of Texas
        Government
Historical Perspective
   Office of governor is institutionally weak
   Governor has no authority to form
    cabinet as President does
   Governor does appoint members of
    commissions and boards
   1876 Constitution retained the plural
    executive structure which has
    independently elected officeholders
Historical Perspective
   Governor appoints Secretary of State, only
    statewide appointed officeholder
   Some restrictions have been loosened, but
    changes have not significantly enhanced
    authority of governor
   Amendments have been passed:
       to allow Legislature to set governor’s salary
       increasing term from two to four years
       to allow removal (with Senate approval) of
        persons from board or commissions whom the
        governor has appointed
Structure of Plural Executive
   Article 4, Section 1 of 1876 Constitution
    created executive branch, including:
       Governor (CEO of state)
       Lieutenant Governor
       Comptroller of Public Accounts
       Treasurer (no longer in existence)
       Land Commissioner
       Attorney General
Structure of Plural Executive
   Later additions were:
       Railroad Commission
       State Board of Education
   All are elected statewide, except Board
    of Education (elected in districts)
   The agencies of these officials are
    autonomous, independent of the
    governor
Structure of Plural Executive
   Some argue that plural executive’s
    effect on governor’s control is minimal
    because of little history of significant
    conflict
   Others argue that governor never
    pursues controversial policies in order
    to “get along”
   Our governor’s position is consistently
    ranked as “weak”
Qualifications for Governor
   Thirty years old
   U.S. citizen
   Texas resident for at least five years
Characteristics
   Mostly well-educated, middle-aged and
    white male
   Only two women elected
   Increased importance on personal
    wealth or ability to raise funds
   Previous public service provides base
    for electoral support
Removal from Office
   Impeachment
       Initiated in the House
       Tried by the Senate
   On death or incapacity, Lt. Governor
    replaces until next election
   Lt. Governor also acts if Governor is
    outside the state
Compensation
   Salary is $115,345.00 per year
   Mansion provided with staff
   Security detail
   Travel expenses
   Access to state-owned planes and cars
Governor’s Powers
   Powers have ebbed and flowed over the
    years
   Constitution of 1845 modeled powers
    on those of the Presidency
   Successive constitutions reduced the
    powers of the office
Legislative Powers
   Outlines legislative priorities in the
    State of the State address
   Communication with lawmakers
    continues throughout session
   “Bully pulpit” permits mobilization of
    public support
   Veto threat (especially line item) can
    influence legislators’ decisions
Legislative Powers
   Ability to call special session is
    powerful, but it can backfire if
    legislature fails to act or liberally
    interprets subject matter of the call
   Governor’s proclamation calling a
    special session must be carefully
    drafted - once called, Governor can
    increase agenda items
Legislative Powers
   Veto
       Texas has strong veto power
       During the session, governor has ten days
        to veto a bill – if not, it becomes law
       Legislature can override with 2/3 vote
       After adjournment, governor has 20 days
        to veto
       Line–item veto is very powerful, but
        legislature has attempted to get around it
        through “lump sum” appropriations
Budgetary Powers
   Weaker than most states
   Legislative Budget Board (LBB) and
    governor both make recommendations,
    but Legislature usually follows LBB
   Governor can propose transfer of funds
    during interims, with approval of LBB
Appointive Powers
   Appoints members to over 200 boards
    and commissions (with Senate
    confirmation)
   Most board members serve staggered
    six-year terms
   Governor can only remove his or her
    appointees (with Senate approval)
Appointive Powers
   Senatorial courtesy permits a senator
    to block appointment of someone who
    lives in that senator’s district
   Usually avoided by clearing nominees
    with senators
   Governor has an Appointments
    Secretary, who screens nominees for
    availability, competence, acceptability
    and support by key groups
Appointive Powers
   All vacancies at district court level and
    above are appointed subject to Senate
    confirmation
   Any vacancy in U.S. Senate results in
    governor appointing replacement
   Governor can also appoint successor to
    any statewide officer other than Lt.
    Governor
Judicial Powers
   Eighteen member Board of Pardons and
    Paroles decides release dates for
    prisoners, and can recommend pardons
   Governor can grant executive clemency
       30-day stay of execution (one time only)
       Full pardon, conditional pardon or
        commutation of death sentence (only with
        approval of Board of Pardons and Paroles)
Military Powers
   Serves as “Commander-in-Chief” of
    militia, except during wartime
   Can call out National Guard during
    times of riot or other emergency
Informal Resources
   Staff
       Staff is around 200, with some making
        more than the governor
       Staff will ideally enhance the governor’s
        political, administrative and policy-making
        capabilities
       Chosen on abilities and loyalty
       Control access to and information for the
        governor
Informal Resources
   Media
       Good working relationship can help
        promote agenda
   Political Party
       Growing two-party system permits work
        with legislature
   Interest Groups
       Groups can be of help in elections and can
        influence legislators
Recent Governors
   Bill Clements
       First Republican since Reconstruction
       Appointed many conservative Democrats to
        boards and commissions
       Appointed first women and African-
        American to highest courts
       Was a public relations disaster
       Was successful in helping Republican party
        become majority
Recent Governors
   Mark White
       Very good with media
       Confrontational style lost teacher pay raise
       HB 72 (Perot Commission) provided some
        pay raise but required teacher “literacy
        test” (as well as “no pass, no play”)
       Not much legislative leadership
Recent Governors
   Ann Richards
       Activist
       Lobbied for state lottery, promising that it
        would be used for education
       Little input in legislative matters
       Despite high approval ratings, she didn’t
        get involved in the 1993 session, except to
        kill a concealed carry bill
Recent Governors
   George W. Bush
       Low key style (underestimate him!)
       Excellent relations with lawmakers
       Won all four legislative priorities in 1995
       Failed to win substantial property tax relief
       Won over 70 percent of vote for second
        term
Recent Governors
   Rick Perry        First Aggie
                      Highly criticized
                       “absence” from the
                       legislative process
                       during 2001 session
                      Highly controversial
                       vetoes of bills
                           Physician
                            reimbursement
                           Medicaid
                           Judicial pay raises
Lieutenant Governor
   David Dewhurst      Primarily legislative
                         office, but powerful
                         because of role and
                         statewide constituency
                        Chairs LBB
                        Presiding officer of the
                         Senate
Attorney General
   Greg Abbott      Chief legal officer,
                      defending state laws
                      and regulatory orders
                     Enforces anti-trust and
                      child support laws
                     Primarily civil, with little
                      criminal responsibility
                     Advisory opinions to
                      state and local entities
Comptroller
   Susan Combs
                     Primary tax administrator,
                      accounting officer and
                      revenue estimator
                     Budget can’t become law
                      without certification that it
                      falls within revenue
                      estimates
Land Commissioner
   Jerry Patterson
                         Manages state owned
                          lands, including mineral
                          rights
                         Administers Veterans
                          Land Board program
Agriculture Commissioner
   Todd Staples
                      Created by statute
                      Carries out laws regulating
                       and benefiting agriculture
                      Responsible for
                       administration of consumer
                       protection laws in areas of
                       weights and measures,
                       packaging and labeling,
                       and marketing
Secretary of State
   Esperanza “Hope” Andrade      Appointed by
                                   governor
                                  Primary function is
                                   to administer state
                                   election laws
                                  Also handles
                                   corporate charters
                                   and processes
                                   extraditions
State Treasurer
   Created in 1876 Constitution as
    custodian of state funds
   Abolished in 1995
   Duties transferred to Comptroller
Elected Boards and Commissions
   Railroad Commission
       Originally designed to regulate intrastate
        operations of railroads and trucking
       Federal government undertook that work
       Three-member commission now regulates
        oil and gas production and lignite mining
   State Board of Education
       Fifteen member elected board helps
        oversee public education system

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The Texas Executive

  • 1. The Executive Branch of Texas Government
  • 2. Historical Perspective  Office of governor is institutionally weak  Governor has no authority to form cabinet as President does  Governor does appoint members of commissions and boards  1876 Constitution retained the plural executive structure which has independently elected officeholders
  • 3. Historical Perspective  Governor appoints Secretary of State, only statewide appointed officeholder  Some restrictions have been loosened, but changes have not significantly enhanced authority of governor  Amendments have been passed:  to allow Legislature to set governor’s salary  increasing term from two to four years  to allow removal (with Senate approval) of persons from board or commissions whom the governor has appointed
  • 4. Structure of Plural Executive  Article 4, Section 1 of 1876 Constitution created executive branch, including:  Governor (CEO of state)  Lieutenant Governor  Comptroller of Public Accounts  Treasurer (no longer in existence)  Land Commissioner  Attorney General
  • 5. Structure of Plural Executive  Later additions were:  Railroad Commission  State Board of Education  All are elected statewide, except Board of Education (elected in districts)  The agencies of these officials are autonomous, independent of the governor
  • 6. Structure of Plural Executive  Some argue that plural executive’s effect on governor’s control is minimal because of little history of significant conflict  Others argue that governor never pursues controversial policies in order to “get along”  Our governor’s position is consistently ranked as “weak”
  • 7. Qualifications for Governor  Thirty years old  U.S. citizen  Texas resident for at least five years
  • 8. Characteristics  Mostly well-educated, middle-aged and white male  Only two women elected  Increased importance on personal wealth or ability to raise funds  Previous public service provides base for electoral support
  • 9. Removal from Office  Impeachment  Initiated in the House  Tried by the Senate  On death or incapacity, Lt. Governor replaces until next election  Lt. Governor also acts if Governor is outside the state
  • 10. Compensation  Salary is $115,345.00 per year  Mansion provided with staff  Security detail  Travel expenses  Access to state-owned planes and cars
  • 11. Governor’s Powers  Powers have ebbed and flowed over the years  Constitution of 1845 modeled powers on those of the Presidency  Successive constitutions reduced the powers of the office
  • 12. Legislative Powers  Outlines legislative priorities in the State of the State address  Communication with lawmakers continues throughout session  “Bully pulpit” permits mobilization of public support  Veto threat (especially line item) can influence legislators’ decisions
  • 13. Legislative Powers  Ability to call special session is powerful, but it can backfire if legislature fails to act or liberally interprets subject matter of the call  Governor’s proclamation calling a special session must be carefully drafted - once called, Governor can increase agenda items
  • 14. Legislative Powers  Veto  Texas has strong veto power  During the session, governor has ten days to veto a bill – if not, it becomes law  Legislature can override with 2/3 vote  After adjournment, governor has 20 days to veto  Line–item veto is very powerful, but legislature has attempted to get around it through “lump sum” appropriations
  • 15. Budgetary Powers  Weaker than most states  Legislative Budget Board (LBB) and governor both make recommendations, but Legislature usually follows LBB  Governor can propose transfer of funds during interims, with approval of LBB
  • 16. Appointive Powers  Appoints members to over 200 boards and commissions (with Senate confirmation)  Most board members serve staggered six-year terms  Governor can only remove his or her appointees (with Senate approval)
  • 17. Appointive Powers  Senatorial courtesy permits a senator to block appointment of someone who lives in that senator’s district  Usually avoided by clearing nominees with senators  Governor has an Appointments Secretary, who screens nominees for availability, competence, acceptability and support by key groups
  • 18. Appointive Powers  All vacancies at district court level and above are appointed subject to Senate confirmation  Any vacancy in U.S. Senate results in governor appointing replacement  Governor can also appoint successor to any statewide officer other than Lt. Governor
  • 19. Judicial Powers  Eighteen member Board of Pardons and Paroles decides release dates for prisoners, and can recommend pardons  Governor can grant executive clemency  30-day stay of execution (one time only)  Full pardon, conditional pardon or commutation of death sentence (only with approval of Board of Pardons and Paroles)
  • 20. Military Powers  Serves as “Commander-in-Chief” of militia, except during wartime  Can call out National Guard during times of riot or other emergency
  • 21. Informal Resources  Staff  Staff is around 200, with some making more than the governor  Staff will ideally enhance the governor’s political, administrative and policy-making capabilities  Chosen on abilities and loyalty  Control access to and information for the governor
  • 22. Informal Resources  Media  Good working relationship can help promote agenda  Political Party  Growing two-party system permits work with legislature  Interest Groups  Groups can be of help in elections and can influence legislators
  • 23. Recent Governors  Bill Clements  First Republican since Reconstruction  Appointed many conservative Democrats to boards and commissions  Appointed first women and African- American to highest courts  Was a public relations disaster  Was successful in helping Republican party become majority
  • 24. Recent Governors  Mark White  Very good with media  Confrontational style lost teacher pay raise  HB 72 (Perot Commission) provided some pay raise but required teacher “literacy test” (as well as “no pass, no play”)  Not much legislative leadership
  • 25. Recent Governors  Ann Richards  Activist  Lobbied for state lottery, promising that it would be used for education  Little input in legislative matters  Despite high approval ratings, she didn’t get involved in the 1993 session, except to kill a concealed carry bill
  • 26. Recent Governors  George W. Bush  Low key style (underestimate him!)  Excellent relations with lawmakers  Won all four legislative priorities in 1995  Failed to win substantial property tax relief  Won over 70 percent of vote for second term
  • 27. Recent Governors  Rick Perry  First Aggie  Highly criticized “absence” from the legislative process during 2001 session  Highly controversial vetoes of bills  Physician reimbursement  Medicaid  Judicial pay raises
  • 28. Lieutenant Governor  David Dewhurst  Primarily legislative office, but powerful because of role and statewide constituency  Chairs LBB  Presiding officer of the Senate
  • 29. Attorney General  Greg Abbott  Chief legal officer, defending state laws and regulatory orders  Enforces anti-trust and child support laws  Primarily civil, with little criminal responsibility  Advisory opinions to state and local entities
  • 30. Comptroller  Susan Combs  Primary tax administrator, accounting officer and revenue estimator  Budget can’t become law without certification that it falls within revenue estimates
  • 31. Land Commissioner  Jerry Patterson  Manages state owned lands, including mineral rights  Administers Veterans Land Board program
  • 32. Agriculture Commissioner  Todd Staples  Created by statute  Carries out laws regulating and benefiting agriculture  Responsible for administration of consumer protection laws in areas of weights and measures, packaging and labeling, and marketing
  • 33. Secretary of State  Esperanza “Hope” Andrade  Appointed by governor  Primary function is to administer state election laws  Also handles corporate charters and processes extraditions
  • 34. State Treasurer  Created in 1876 Constitution as custodian of state funds  Abolished in 1995  Duties transferred to Comptroller
  • 35. Elected Boards and Commissions  Railroad Commission  Originally designed to regulate intrastate operations of railroads and trucking  Federal government undertook that work  Three-member commission now regulates oil and gas production and lignite mining  State Board of Education  Fifteen member elected board helps oversee public education system