The Texas Executive and Bureaucracy

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The Texas Executive and Bureaucracy

• Chapter 24

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I. The Governor

• Article IV, Section 1 of the Constitution created
  a plural executive branch.
• (Def.) a fragmented system of authority where
  most statewide officeholders are elected
  independently from the governor.
• (See Figure 24.1)
• A governors style of leadership defines the
  activism or restraint that he/she demonstrates
  while in office.
• History has shown some have thrived on active
  leadership, while others have been introverted,
  even shy, may not have enjoyed being governor

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A. Constitutional Requirements

• Governors requirements
• at least 30 years old
• Resident of Texas for 5 years
• Must believe in a Supreme Being

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• All governors were Democrats (1874-1879).
• See Table 24-1
• The last two were Republicans.
• Most governors have been

1. Well-educated
2. Middle-aged
3. Wealthy
4. White
5. Protestant
6. Male

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• There have been two women governors, Miriam A.
  Ma Ferguson Ann Richards.
• Because campaigns have become so expensive, being
  wealthy has become important.
• Candidates like Tony Sanchez (D) spent millions
  of their own fortunes.
• Having previous public service is also important.
  Gov. George Bush was one of a few who had no
  previous government experience.

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• Texas governors are removed thru impeachment.
  (Def.) The legislature may remove a governor from
  office for misconduct.
• Only Gov. James E. Ferguson has been removed from
  office.
• If the governor can no longer hold the office,
  the Lieutenant Governor becomes governor.
• Some states can remove a governor thru a recall
  election, but not Texas.
• The governors salary is 115,345/year, also a
  mansion and living expenses.

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B. Formal Powers

• Legislative powers of the governor
• The governor outlines his legislative priorities
  with his State of the State Address..
• He/she also has the power to persuade various
  lawmakers/groups during the session.
• She can mobilize these priorities with formal
  messages, covered by the media.

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• Veto (def.) the power to reject, or kill, a bill
  passed by the legislature.
• The veto (or threat of the veto) is powerful.
  Only one veto of the governor has been
  over-ridden by the legislature in the past 50
  years.

• He also has two, formal powers granted in the
  Constitution
• i. Special session (def.) a 30-session that can
  be called at anytime by the governor, who decides
  the subject.

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Line-item veto (def.)

• She may reject certain parts of an appropriation
  bill, without killing the entire measure

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2. Budgetary Powers

• This is a much weaker power of the governor. The
  legislature uses the Legislative Budget Board
  (LLB) (def.) a 10-member panel, who develop the
  budget, chaired by the LG, with the Speaker and 8
  other lawmakers.
• The governor CAN propose the transfer of funds
  between programs, with the approval of the LBB,
  or vise-versa.

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3. Appointive removal powers of the governor

• There are gt200 agencies that conduct business in
  the executive branch
• 1/3 of each boards membership expires every 2
  years.
• Staggered terms (def.) terms, beginning on
  different dates, required by state board members,
  appointed by the governor.

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• The governor cannot remove a predecessors
  appointees but his own with the approval of 2/3
  of the Senate.
• Most governors arent concerned about direct
  control of these agencies but are interested in
  general policy budget control over the
  agencies.
• His appointments require 2/3 approval from the
  Senate, he is also concerned about a senators
  opinion of an appointee, esp. if he will be
  serving in the senators district.

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• Senatorial courtesy (def.) permits a senator to
  block the confirmation of a governors appointee
  to the senators dist.
• If a vacancy occurs in a court at the district
  level or higher, he will appoint a new judge to
  fill the vacancy (with Senate approval).
• ltltltCraig Estes, David Dewhurst

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4. Judicial power of the governor

• The 7-member Board of Pardons Paroles decides
  who may be released early.
• But the governor may grant executive
  clemency(def.), acts of leniency or mercy, toward
  convicts.
• The he may also grant one 30-day stay of
  execution, w/o the boards recommendation.

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• With the boards approval, he may grant a full
  pardon, a conditional pardon, or commute a death
  sentence to life imprisonment.
• He is also responsible for extradition requests.
  (Def.)
• The process of returning a person in one state to
  another state to face criminal charges.

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5. Military powers of the governor

• The governor is the commander-in-chief of the
  military force of the state.
• The he appoints an adjutant general to carry out
  this duty.
• The governor can activate the Texas National
  Guard and the Texas Air National Guard in times
  of emergency or civil unrest.

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B. The governors informal resources

• The governor is the most visible state official
  gets credit that often belongs to others but he
  is also quickly blamed for problems beyond his
  control

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1. The Governors staff

• Governors of the 1800s had 3-4 assistants by
  1963, Gov. Connelly had 68 full-time staffers
  12 part-timers.
• Governor Richards had nearly 300 but the number
  reduced to about 200 under Gov. Bush Perry.
• Governors choose staffers who are loyal share
  their basic political beliefs.

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• They are responsible for mass communications
  public relations, which are fundamental for
  governor success.
• Staffers

1. collect, organize screen information.
2. Work to gain support of the governors proposals
   with the public, lawmakers, agencies, interest
   groups
3. Represent the governor in meetings and take care
   of lobbyists.

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2. The governor the mass media

• To announce their position on pending issues.
• Stage photo-ops for publicity
• leak info to selected reporters to embarrass the
  opposition
• Spend political funds for airtime to mobilize
  public support
• The proper use of media increases his power
  influence.

• A successful governor must learn to be accessible
  friendly to the media.
• Governors
• i. Call press conferences to announce new
  policies.

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3. The governor the political party

• Since Texas has become a 2-party state, the party
  may provide greater resources to the governor.
• (See Figure 24-2).
• Gov. George Bush courted social Republicans in
  the legislature by supporting

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• Gov. Perry worked to
• Have a same-sex marriage ban added to the Tex.
  Constitution.
• Require parental approval for a minor to have an
  abortion.
• Expand the use of toll roads
• Require schoolgirls to be vaccinated against an
  STD, which causes cancer.

• law requiring minors to notify a parent if
  planning to have an abortion
• Efforts to improve education
• Restrict civil lawsuits
• Reform juvenile justice
• Change the welfare system

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4. The governor interest groups

• A candidate for the office of governor must
  solicit the endorsements contributions from
  various interest groups.
• These groups expect the candidate to support
  their causes, if he/she is elected.
• This means supporting law that will benefit the
  group executive enforcement of such laws that
  will benefit the group.
• A state law against excessive lawsuits in 2002,
  was a good example.

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II. Other Offices of the Executive Branch

• Art. IV, Sec. 1 of the 1876 Constitution, created
  a plural executive branch including the governor
  and several other elected executive branch
  officials.
• Art. IV requires most of these to be at least 30
  years old a Texas resident for 5 years.

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A. The plural executive is elected independently.

• Since Texas is a 2-party state, there is the
  potential for conflict between the governor the
  other, elected executives, even in the same
  party.

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1. Lieutenant Governor

• (Def.) president of the Senate, second in line of
  succession for the governor.
• The LG has replaced the governor only 4 times
• Will HobbygtgtgtGov. James Ferguson
• Coke StevensongtgtgtGov. W. Lee ODaniel
• Allan ShiversgtgtgtGov. Beauford Jester
• Rick Perry PerrygtgtgtGov. George Bush

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• He controls legislation thru various
  appointments, scheduling, determinations of
  bills
• Also he is chair of the powerful Legislative
  Budget Board.
• Rick Perry served 1 session as LG, thru the
  resignation of Gov. George Bush.
• GOP, LG David Dewhurst now serves in this
  capacity, since 2002.

• It is not necessary for the LG to be of the same
  political party as the governor each runs in a
  independent, statewide race.
• He is considered the most powerful officer in
  Texas government.

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2. Attorney General

• (Def.) states chief legal officer, represents
  Texas in lawsuits enforces the states
  anti-trust, consumer protection, other civil
  laws.

• He deals mostly in civil cases, including the
  1996 lawsuit against tobacco companies, netting
  17.3 billion for public healthcare!
• AG Dan Morales accepted this large payout for
  Texas

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3. Comptroller of Public Accounts

• (Def.) is the states primary tax administrator,
  accounting officer, revenue estimator,
• Pay-as-you-go principle (def.) the Constitution
  prohibits the state from borrowing money to meet
  its budget.
• So, the CPA must provide revenue estimates.
• The budget also must receive her certification.

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• In 1991, she conducted audits of local school
  districts other agencies.
• Thru oversight, she saved billions for budget
  writers schools.
• But in 2003 this became the job of the LBB.
• GOP Susan Combs is the current Comptroller of
  Public Accounts

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4. Land Office Commissioner

• (Def.) manages the public lands administers the
  Veterans Land Program.
• Texas owns 22 million acres of land the mineral
  rights.
• go to the Permanent University Fund and the
  Permanent School Fund.
• LC Garry Mauro worked to clean up public beach
  property along the Gulf.
• He was followed by David Dewhurst and Jerry
  Patterson. gtgtgt

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5. Agriculture Commissioner

• (Def.) official responsible for administrating
  laws programs that benefit agriculture.
• His/her job includes
• Consumer protection laws.
• Weights measures
• Packaging labeling
• Marketing Texas products
• AC Susan Combs worked to reduce sugary soft
  drinks in schools.
• Our current AC is Todd Staples.

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6. Secretary of State

• (Def.) appointed by the governor, administers
  state elections laws, charters corporations,
  processes extradition procedures.
• He reviews county local election procedures,
  develops policy for voter registration and
  tabulates elections returns.
• Esperanza Hope Andrade is our current Sec. of
  State.

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7. State Treasurer

• (Def.) this elective office was created by the
  1876 Constitution to manage state funds. It was
  abolished in 1995 its duties were transferred to
  the state comptroller.

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B. The plural executive also has many boards
Commissions.

• Two of the 200 boards commissions in Texas
  have popularly elected members the Railroad
  Commission and the State Board of Education.

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1. The Texas Railroad Commission
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• (Def.) A 3-member elected body, that regulates
  oil, gas, and lignite mining in Texas.
• It once regulated railroads and trucking, but
  today, mostly oil and gas production.
• It receives much criticism because it works
  closely with oil/gas special interests.

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• These interest groups provide contributions for
  the election re-election of the members, so
  they are under the control of those they are
  supposed to regulate.
• The commission is seen as a stepping-stone to
  higher, elected offices.
• Very few serve out their terms before being
  bumped-up to a higher position.
• Many critics want the commission to become a part
  of the Public Utility Comm. and/or the Texas
  Comm. on Environmental Quality.

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2. State Board of Education

• Before 1984 the 27 members of the Board were
  elected from the 27 various congressional
  districts across Texas.
• In 1984, the Board was reduced to 15 members,
  appointed by the governor this was done because
  of low student performance.
• The legislature had more control over
• the board while needed reforms were
• being made.

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• In 1986, control was returned go the people, who
  elected 15 members from districts drawn by the
  legislature.
• Their powers were reduced to
• Investing funds in the Permanent School Fund
• Selection of Textbooks
• Writing curriculum standards.
• Daily administration of education is done by the
  Texas Education Agency, with a Commissioner of
  Education, appointed by the governor.

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III. The Texas Bureaucracy
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• There are about 250 state agencies and
  universities, with gt300,000 full part-time
  employees, who carry out programs policies
  approved and funded by the legislature the
  governor.
• Also, 950,000 full and part-time workers in
  school districts and other special districts.
• This is our state bureaucracy. (Def.) agencies of
  govt. their employees responsible for carrying
  out policies providing public services approved
  by elected officials.

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A. State employees have increased over the years.

• State employees have increased from 504,000 to
  1,344,442 in the past 33 years.
• Partly because of the increase in population.
• Also, growth of cities have caused a shift from
  state to local levels.
• Privatization has occurred as governments
  contract with private companies to carry out
  services.

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• Examples show that when privatization occurs,
  services MAY become less important than the lower
  prices the private business charge!
• (See Table 24-2, page 872).

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• Even so, there have been great expansion of
  programs at all levels of government in recent
  years, but Texas still ranks low in per capita
  expenditures. In 2004, Texas ranked 49th in per
  capita spending by state government, alone.

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