Texas Governor Overview Paper Toothless Tiger?

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Texas Governor OverviewPaper Toothless Tiger?

• Texas Qualifications
• US citizen
• 30 years of age. Average age is 47. (Clinton
  elected at 32). 31 states have minimum age of
  18.
• Texas resident for 5 years

2
Best source of information

• How to get most current comparative state
  governors information?
• http//www.csg.org/policy/publications/bookofthest
  ates.aspx

3
Terms of Office

• Originally elected 2 years with no limit
• Only New Hampshire and Vermont retain 2 yr terms
• Since 1974 in Texas, 4 year terms with no
  limitation.
• 48 states use this model

4
Compensation

• State authorizes 150,000. Lowest paid among top
  Texas state bureaucrats.
• What state bureaucrats paid more? Who paid 5.1
  million as of 2009? UT Mack Brown.
• Mansion, limo, state trooper protection, and an
  airplane.
• 2008 California gov earns 212,179/year for the
  most and Maine pays 70,000 the least.
• http//www.nytimes.com/2012/02/26/us/politics/perr
  ys-on-the-job-retirement-lifts-pension-perk-from-s
  hadows.html?nltodaysheadlinesemctha24

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Succession

• Lt. Governor, President Pro Tem, Speaker,
  Attorney General.
• Then Presiding Judge Court of Criminal Appeals.

6
Removal

• By impeachment or election defeat. Jim Ferguson
  in Texas Republican Evan Mecham of Arizona
  (unreported 350,000 loan theft to fund car
  dealership). Only 7 governors lost office
  through impeachment in history. Only Oregon does
  not permit impeachment.
• 18 states allow recall elections to remove the
  governor (not Texas).
• Lt. Governor is acting governor when governor is
  out of the state.

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Joseph Schlesinger Study

• Among appointment, budgeting, tenure, and veto
  powers
• Texas governor ranks LAST among the 50 state
  governors.
• The Thad Beyle study ranks the Texas governor as
  moderately weak just above only Alabama,
  Arizona, Georgia, North Carolina, Rhode Island
  Vermont. Others consider Texas governor in
  weakest bottom 1/3 of all governors.
• Bottom line the Texas governor is WEAK.

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Chief legislator

• Governors power to initiate his/her legislative
  program.
• Persuasion.
• Governor send bills to legislature.
• Call special sessions
• Veto (all can except North Carolina governor)

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Governors Action on Bill

• When Legislature in session, Texas governor has
  10 days to act.
• If signs or does not sign bill (no pocket veto),
  it is registered with Secretary of State as law.
• Bill becomes law 90 days after the session ...
  unless it is an emergency or appropriation bill.

10
Veto Power

• Veto is governors major bargaining power with a
  legislature!
• North Dakota law Any governor who menaces a
  legislator with the threat of a veto is guilty of
  a crime!

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Veto by Texas Governor...

• If governor vetoes when Legislature in session,
  governor sends bill message to the House of
  origin.
• Texas Legislature must obtain 2/3s vote (100
  House/21 Senate) to over-ride in both houses.

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Veto by Texas Governor...

• 2001 Gov. Perry vetoed record 82 on 6/17 last
  day. Of 60, 45 were Democrat bills. Never
  warned Members he had a problem with bill caused
  alienation.
• 1999 Gov. Bush vetoed 37
• 1969 Gov. Preston Smith vetoed previous record 67.

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Veto by Governors

• 6 state legislatures need only a majority to
  over-ride. (Alabama, Arkansas, Indiana, Kentucky,
  Tennessee, West Virginia).
• 5 require slightly higher with 3/5 majority.
  (Illinois, Maryland, Nebraska, Ohio, Rhode
  Island)

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Veto by Governors

• 38 require highest 2/3 standard to over-ride,
  including Texas.
• When Texas Legislature goes out of session, the
  Governor has 20 days to veto.
• Over-ride proof since Legislature not in
  session.

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Item Veto

• Governor can item veto only appropriations bill.
• UTA library budget 4,560,169

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Item Veto

• 42 states including Texas have item veto.
  Problems
• Weapon against opposition
• Counterattack governor by packing a line.
• Consider school meal program ( children of
  poverty get 2 free meal v subsidized .40 for
  those near poverty level) see http//www.burntoran
  gereport.com/diary/11591/demand-for-subsidized-sch
  ool-lunches-increasing-in-texas and
  http//www.nytimes.com/2011/11/30/education/surge-
  in-free-school-lunches-reflects-economic-crisis.ht
  ml?utm_mediumtwitter_r3adxnnl1partnerrssem
  crssutm_sourcedlvr.itadxnnlx1325257392-ubzNmg
  mvZsJ8K86qynYEyw
• Republicans gave it to Clinton then went to court
  to take it back! Ruled unconstitutional!

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Veto Reforms

• Item reduction (11 states)
• Executive agreement (15 states).
• Allows suspension of 10 day rule to return bill
  veto message to the Legislature to encourage
  compromise.

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Chief Administrator Role

• How well can the governor direct supervise
  manage a states bureaucracy?
• Powers restricted by law
• Texas does not have a cabinet style of government
  that reports to the governor.

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Chief Administrator Role

• Some 240 Texas state agencies with roles such as
• education, prisons, criminal justice, business
  regulation likes banks barbers, medical,
  highways, parks wildlife, oil, taxing
  borrowing, agriculture.
• Without strong leadership, most are captive of
  interests they serve.

20
Chief Administrator Role

• Most Texas state agencies supervised by
  bureaucratic boards commissions. Most
  part-time unpaid positions.
• Board members commissioners serve 6 year
  staggered terms 1/3 appointed every 2 years.
• Industry interest groups want one of own
  appointed to oversee self.
• Nominated by governor when there is a vacancy
  confirmed by the Senate.

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Chief Administrator Role

• Plural executive system.
• Texas agencies elected statewide.
• Lt. Governor, attorney general, comptroller,
  agriculture commissioner, land commissioner, 15
  members of Board of Education 3 railroad
  commissioners.
• All Texas state judges are elected.

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Governor Supervises Few

• Governors budget criminal justice staff
  (grants) Secretary of State elections Federal
  State Office in DC National Guard part-time
  according to Federal law Military Base Closure
  Commission Film Commission Music Office
  Economic Development Commission for Women
  Workforce Council.

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Why Fragmentation?

• Civil War
• Assassination of Lincoln
• President Johnson Radical Republican Congress
• Reconstruction
• E.J. Davis Union Army in Texas
• Presidential Election of 1876
• Throw election to Hayes in exchange for GOP
  pledge to pull Federal troops out of South
  permit return of white supremacist rule.

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Chief Administrator Role

• Appointive powers limited. Texas governor weakest
  of all 50 governors! Last!
• Senatorial courtesy power allows one to block
  governors nominee.
• Need for Senate to approve nominees by 2/3 vote.
• Story about Gov. Perry difficulties
• http//blogs.chron.com/texaspolitics/archives/2011
  /03/another_perry_n.html

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Chief Administrator Role

• Board member removal powers limited.
• Can remove members of govs office few other
  minor administrators.
• Texas governor can remove only his own appointees
  by 2/3 vote of Senate for cause only" involving
  clear charges in open hearings. Impossible to
  remove for policy differences. Govs seek to
  avoid unpleasant controversy that point out
  negatives.
• Cannot issue orders to agencies or remove state
  employees for not obeying wishes.

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Chief Administrator Role

• Ripper bill" abolishes office or agency.
• Clements bill failed attempt to abolish
  Agriculture Dept.
• Another Clements bill took away chemical
  regulation from Agriculture Dept.
• Created separate Agriculture Resources Protection
  Authority appointed chemical industry reps.
  Othal Brand.

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Chief Administrator Role

• Patronage decline
• Was major power to reward party work.
• Now 75 of all jobs covered by civil service.
• Cannot fire for political reasons.
• Civil service required when administering federal
  programs like welfare health care.

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Chief Administrator Role

• Unionization
• 1/2 of gov't employees belong. AFSCME is largest.
• Collective bargaining agreements restrict
  governor and his authority over safety, salaries,
  benefits, grievances, dismissals, layoffs.
• American pilots want 8 hour duty day, instead of
  16. Safety issue. Also angry that management
  cuts their pay to help company but gives itself
  millions in bonuses.

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Judicial Role

• 30 day stay of execution
• Pardons on recommendation of the parole board.
• Full pardon
• Conditional pardon
• Commute death sentence to life.
• Extradition

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Military Power

• Governor is Commander in Chief of state
  adjutant generals office.
• Headed by adjutant 1 or 2 or 3 star Army or Air
  Force general.
• 2/1/2007 Lieutenant General Charles G. Rodriguez
  is the Adjutant General for the State of Texas.
  Term ends 2/1/2009.
• Texas National Guard (Texas Army Air National
  Guard). The militia! Civilian weekend a month
  warriors now changing.

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Military Power

• Voters rejected 11/99 amendment (HJR95) to give
  Bush power to appoint replace the adjutant at
  the governors pleasure.
• Adjutant two year term ending 2/1 of odd years.
  Cannot remove without a trial or with consent of
  2/3 Senate.

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Military Power

• Created by Militia Act 1903 by Congress who
  regulates use training standards.
• President is Commander in Chief, followed by
  Joint Chief of Staff.
• State implements federal law. Governor allowed
  to use Guard during emergency disasters civil
  unrest.

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Texas State Guard

• The Texas State Guard is a Volunteer State
  Military Force which assists and augments Texas
  Civil Authorities in times of Texas State
  Emergencies and in On-Going Support of Local
  Communities. The Texas State Guard consists of 6
  Regiments, The Texas State Guard Air Wing, The
  Medical Reserve Corps, and the Naval Regiment.
  These volunteers, similar to not for profit
  organizations, receive no compensation for their
  time just the satisfaction from helping others
  in need.

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Budget Role

• Budget is the most important document. Policy
  statement.
• Budget-making process.
• In Texas the Legislature is in control with LBB.
• Governor submits his budget but is not respected.
  LBB used. Texas governor ranks LAST in budget
  powers among other 49 governors.

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Budget Role

• Governors want balanced budget, but at higher
  amount. Legislators approve-blame governor.
• Agencies always want more threaten to shut down
  Washington Monument.

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Budget Role

• Inadequate bureaucratic oversight in Texas.
• Governor is not the supervisor.
• Legislature only in session every 2 years.
• Texas prison system request for prisons but
  bought potato warehouse instead.

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Budget Role

• Legislative ear-marking revenue limits governors
  agenda.
• Gasoline taxes used only for highway
  construction.
• Good Roads Association lobbies to keep it that
  way.
• http//www.texaswatchdog.org/2011/02/texas-taxpaye
  rs-have-rolled-up-billions-in-debt-to-keep-road-Tx
  DOT/1298911865.column

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Budget Role

• Governor has uncontrollable budget problems.
• Campaign on increased service lower taxes.
• But impossible once in office because of reality
  uncontrollable expenses
• Like surprise education prison funding mandates.

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Party Leader

• Governor office carries prestige
• Use governors political resources (deny
  appointments)
• Governor has coattails if liked.
• Can hurt candidates if do not support governor

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Ceremonial Leader

• Ribbon cuttings
• Voters emotional ties to state governor not
  same as nation President of the US.

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Chief negotiator

• Negotiates with others in system at national,
  state local government levels, as well as with
  industry.
• Make sure state gets fair share.

42
Opinion Leader

• Comments make news
• Frequent media attention
• Governor will be heard

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Crisis Leader

• Performance in state disasters, like
• Floods
• Tornadoes
• Earthquakes
• Hurricanes
• Civil unrest
• Competent reaction brings popularity. The
  opposite brings defeat.

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Governors Campaigns

• Competition for job is strong in both parties.
• Economy not as much a factor in state elections
  like national elections.
• Can have significant governor coattails.
• Qualities needed positive personal qualities,
  popular issues, political organization, campaign
  funds, campaign skills.

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Governors Campaigns

• Re-election usually 75 successful depend on
• Intra-party splits
• Raising taxes. 20 are defeated who advocate
  taxes.
• Scandals
• Administrative incompetence, race bigotry,
  environmental issues.

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Governors Campaigns

• 17 governors have become President!
• Professional governor campaigns
• Need themes like with Bob Graham - "working "
• Should spend 3-43 per vote. In 2002 Sanchez
  (D) spent 67.2 million Perry (R) spent 29.9
  million. NY governor race cost 147 million.
• Cannot mount serious campaign without own money
  or others' money!
• Heavier spending wins 2 out of 3 times. Personal
  important! 

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Governor Reforms

• 4 year terms/no limits on terms.
• Eliminate board members commissioners as heads
  of executive agencies.
• Consolidate all state agencies into larger
  fewer departments reporting directly to the
  governor (Cabinet).
• Convert statewide elected executives into those
  appointed by the Governor confirmed by Senate.

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Governor Reforms

• Centralize the budget-making proposal process
  in governors office. Budget decisions remain
  with legislature, signed or vetoed by governor.
• Opposition to reform will come from political
  parties interest groups. Why?