The Executive Branch of Texas Government

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 governors 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 executives effect on
  governors control is minimal because of little
  history of significant conflict
• Others argue that governor never pursues
  controversial policies in order to get along
• Our governors 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
Governors 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
• Governors 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
• Lineitem veto is very powerful, but legislature
  has attempted to get around it through lump sum
  appropriations

15
Budgetary Powers

• Weaker than most states
• 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
  senators 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 governors
  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 didnt 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

• Carole Keeton Strayhorn

• Primary tax administrator, accounting officer and
  revenue estimator
• Budget cant 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

• Susan Combs

• 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

• Roger Williams

• 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