The Texas Executive Branch texaspolitics.laits.utexas/

1. 0 The Texas Executive Branch http://texaspolitics.laits.utexas.edu/

2. Focus of Chapter 0 • Qualifications, Tenure, and Staff • Governor’s Roles • Categorization of governor’s power in Texas • Legislative Tools of Persuasion • Executive Tools of Persuasion

3. Student Learning Outcomes: 0 • To understand the governor’s qualifications, tenure, and staff • To understand the roles of the Governor. • To know the categorizations of the governor’s powers • To understand the Governor’s Legislative Tools of Persuasion. • To understand the Governor’s Executive Tools of Persuasion.

4. Formal Qualifications for Becoming Governor 0 • The Governor is elected by the Citizens of Texas. • The governor is in the executive branch. • At the state level. • Formal Requirements: • 30 years of age • American citizen and citizen of Texas for five years prior to election. • An useful link: http://texaspolitics.laits.utexas.edu/

5. Governor’s Tenure, Removal, & Succession 0 • 4 year term • There are not any limits on the number of terms. • The governor can be removed from office only by impeachment by the Texas House of Representatives (requiring a simple majority of legislative members present) and conviction by the Texas Senate (requiring a 2/3 majority by Senate) • Lieutenant Governor is next in the line of succession. • An useful link: http://texaspolitics.laits.utexas.edu/

6. Governor’s Compensation 0 • Governor’s salary is set by the legislature. • Governor’s present salary is $115,345 (among highest in the nation). • Governor receives free use of the governor’s mansion. • Governor receives an expense account to keep governor’s mansion maintained. • The governor has a professional staff with offices in the capitol to carry out the duties of office. • An useful link: http://texaspolitics.laits.utexas.edu/

7. Governor’s Roles Chief of State Commander in Chief of the State Militia Chief Executive Chief Legislator Chief Budget Officer Chief Law Enforcement and Judicial Officer Party Chief

8. Chief of State The governor, as the first citizen of Texas, serves as a symbol of Texas. These ceremonial duties include throwing out the first baseball of the season; greeting Boy scout troops at the state capitol; visiting disaster areas; and riding in parades for peanut festivals, county fairs, and cow chip-throwing contests.

9. Commander in Chief of the State Militia The governor may send units of the militia to keep the peace and protect public property (usually following a natural disaster). In addition, the governor may employ the militia to execute the laws of the state to suppress insurrection, and repel invasions. The governor does not have the power to order evacuations in the event of terrorist attacks, hurricanes, or other natural disasters; only county judges have that power.

10. Commander in Chief of the State Militia • This has two basic parts: continued • The Texas National Guard: it is made up of both army and air force components and is financed by the U.S. government. It may be called to active duty by the president. In that event, the Guard is nationalized, command passes from the governor to the president. • The Texas State Guard: it is a backup organization in the event the Texas National Guard is called to active duty by the president.

11. Chief Executive Although the Texas Constitution charges the governor, as the chief executive, with broad responsibilities; it systematically denies the governor the power to meet these responsibilities through direct executive action.

12. Chief Executive continued In fact, four other important elective executive offices are established in the same section of the Texas constitution and are legally independent of the governor—which undermines his/her executive authority (these executives are—lieutenant governor, the comptroller of public accounts, the attorney general, and the commissioner of the General Land Office). Thus, the Governor is part of a plural executive.

13. Chief Legislator • The governor influences the making of law. • Through a State-of-the-state Message: The ability of a governor to focus the attention of the press, legislators, and citizens on legislative proposals that he or she considers important. The visibility of the office gives the chief executive instant public attention. This message includes the outline for the governor’s legislative program. • Through signing a bill into law.

14. Chief Legislator continued • The governor influences the making of law. • Through a veto: The word 'veto' comes from Latin and literally means I forbid. • Line Item Veto: the power of an executive to veto individual lines or items within a piece of legislation without vetoing the entire bill (usually referring to appropriation bills).

15. Chief Budget Officer The Texas governor is legally designated as the state’s chief budget officer and each biennium (every other year) the various agencies and institutions submit their appropriation requests to the governor’s staff and to the staff of the legislative Budget Board (LBB). Once completed, the governor’s budget is submitted to the legislature. Because the LBB includes the legislature’s most powerful officers, the governor’s budget may be largely ignored in favor of the LBB proposals. The Legislature has consistently ignored the budget developed in the governor’s office in favor of the budget developed by the legislative leaders in charge of the Legislative Budget Board.

16. Chief Law Enforcement and Judicial Officer The governor has little law enforcement power. However, the governor does have the power to extradite fugitives from Texas laws and to grant or refuse such requests from other states. Accordingly,law enforcement power is decentralized at both state and local levels.

17. Chief Law Enforcement and Judicial Officer continued • At the state level, the Texas Rangers and the Highway Patrol conduct law enforcement and both agencies are under the administrative direction of a director of public safety • Who is appointed by an independent board, the Public Safety Commission • although the 3-members of the Public Safety commission are appointed by the governor for 6-year terms.

18. Chief Law Enforcement and Judicial Officer continued At the local level, police functions are under the jurisdiction of county sheriffs and constables (who are elected) and city chiefs of police (who are appointed by city officials). Criminal acts are prosecuted either by elected district or county attorneys or by appointed city attorneys. The judiciary, which tries and sentences criminals, is elective (except for municipal judges, who are appointed by city-officials).

19. Chief Law Enforcement and Judicial Officer continued Moreover, many powers that had been held by the governor were transferred to the Board of Pardons and Paroles, which grants, revokes, and determines the conditions for parole and makes clemency recommendations to the governor. Although the governor appoints the board’s members and can grant less clemency than recommended by the board but not more. Nor can the governor any longer interfere in the parole process by blocking early releases from prison. The governor can postpone execution, but only for thirty days.

20. Party Chief The governor usually maintains the leadership of his or her party by controlling the membership of its executive committee. The chair and a majority of the executive committee of the party are formally elected at the party’s state convention but are typically selected by the governor.

21. These Executive Officials Diminish Governor ‘s Power: 0 • Lieutenant Governor • Comptroller of Public Accounts • Attorney General • Commissioner of the General Land Office • Texas Railroad Commission • State Board of Education • Commissioner of Agriculture • An useful link: http://texaspolitics.laits.utexas.edu/

22. Lieutenant Governor 0 • The Lieutenant Governor of Texas is the second-highest executive office in the government of Texas. • It is considered the most powerful post in Texas government because its occupant controls the work of the Texas Senate and controls the budgeting process as a leader of the Legislative Budget Board. • The Lieutenant Governor assumes the powers of Governor when the Governor is out of the state or otherwise unable to discharge the office. • Information came from Wikipedia, see link. For historical listing of Texas lieutenant governors, press here and another useful link is: http://texaspolitics.laits.utexas.edu/

23. Lieutenant Governor (Continued) 0 • Under the provisions of the Texas Constitution, the Lieutenant Governor is President of the Texas Senate. By the rules of the Senate, the Lieutenant Governor establishes all special and standing committees, appoints all chairpersons and members, and assigns all Senate legislation to the committee of his choice. • The Lieutenant Governor decides all questions of parliamentary procedure in the Senate. He or she also has broad discretion in following Senate procedural rules. • Information came from Wikipedia, see link. For historical listing of Texas lieutenant governors, press here and another useful link is: http://texaspolitics.laits.utexas.edu/

24. Lieutenant Governor (Continued) 0 • The Lieutenant Governor is an ex officio member of several statutory bodies. These include the Legislative Budget Board, the Legislative Council, the Legislative Audit Committee, the Legislative Education Board, the Cash Management Committee and the Bond Review Board. He or she is Chairperson of the Legislative Budget Board and Legislative Council, which have considerable sway over state programs, the budget and policy. • A Senator elected as presiding officer in this way retains his district seat and the voting privileges entailed with his Senate election. • Information came from Wikipedia, see link. For historical listing of Texas lieutenant governors, press here and another useful link is: http://texaspolitics.laits.utexas.edu/

25. Comptroller Of Public Accounts • The Texas State Comptroller's Office is responsible for collecting state revenue, tracking state expenditures, and monitoring the financial condition of the state. As Texas' chief fiscal officer, the Comptroller has a constitutional responsibility to estimate available revenue for the state and is required to manage the state's fiscal matters. The Comptroller also collects taxes and fees owed to the state and pays the state’s bills. • Information came from these links below: • http://www.lib.utexas.edu/taro/tslac/30031/tsl-30031.html • http://www.citgograybook.com/index_moz.cfm?majorDiv=5&detailDiv=33 • An useful link: http://texaspolitics.laits.utexas.edu/

26. Comptroller Of Public Accounts (Cont’d) • The duties of the Texas Comptroller of Public Accounts include: • State fiscal watchdog and accountant • Revenue estimating • Investing state dollars • Economic forecasting • Economic development assistance • Local government assistance • Tuition assistance • Taxpayer assistance • Information came from these links below: • http://www.lib.utexas.edu/taro/tslac/30031/tsl-30031.html • http://www.citgograybook.com/index_moz.cfm?majorDiv=5&detailDiv=33 • An useful link: http://texaspolitics.laits.utexas.edu/

27. Attorney General • The attorney general is charged by the state constitution to defend the laws and constitution of Texas, represent the state in litigation, and approve public bond issues. • To fulfill these responsibilities, the Office of the Attorney General serves as legal counsel to all boards and agencies of state government, issues legal opinions when requested by the governor, heads of state agencies and other officials and agencies as provided by Texas statutes, sits as an ex-officio member of state committees and commissions, and defends challenges to state laws and suits against both state agencies and individual employees of the state. • Information came from these links below: • http://en.wikipedia.org/wiki/Texas_Attorney_General • An useful link: http://texaspolitics.laits.utexas.edu/

28. Commissioner of the General Land Office • The Land Commissioner, as the head of the General Land Office is known, gains power and significance as a result of the large amount of public land in the state and the resources, particularly energy, that are found on many of these lands. He or she is elected to a four-year term. • The General Land Office administers the use of all state-owned lands. This responsibility includes leasing for gas and oil production, mining, and grazing, and monitoring the environmental quality of public lands and waters. The office also operates the veterans' land program, in which state bonds are used to underwrite loans to military veterans for land purchases. • The Land Commissioner authorizes exploration and exploitation of public lands, so the Commissioner's decisions affect hundreds of millions of dollars in economic activity. • This aforementioned came from this link.

29. The Texas Railroad Commission (TRRC) • The Texas Railroad Commission (TRRC) has three members who are selected in statewide elections and serve staggered terms (six-year). • Despite the narrow connotations of its title, the TRRC possesses a broad mandate and has traditionally been one of the most powerful bodies in the state government. • The Commission, of course, regulates state and interstate railroads. But the body is also charged with regulating the oil and gas industry, trucking, and mining. • This aforementioned came from this link.

30. The State Board of Education (SBOE) • The State Board of Education (SBOE) is created by the Texas Constitution to implement a constitutional mandate to maintain a free public education system. • It was originally created as an elected body, but one of several public school reforms passed in 1984 made it an appointed board. In 1987, Texans voted by a wide margin to return to an elective board, though, as with many other positions in Texas government, the Governor appoints a replacement if a seat becomes vacant between elections. • This aforementioned came from this link.

31. The State Board of Education (SBOE) Cont’d • The fifteen board members represent districts across the state, and serve four-year terms. • However, since 1995, the Governor appoints the Commissioner of Education (an administrative post, not a voting member of the board) as well as the board's chairperson. • On the Internet, Texas residents can identify the SBOE representative from their district and find information about each board member. • This aforementioned came from this link.

32. The Department Of Agriculture 0 • A commissioner heads the Department of Agriculture; she/he is elected to a four-year term. A commissioner enforces all agricultural laws in Texas. • These laws cover matters as diverse as food inspection, animal quarantine laws, licensing, disease and pest control (including pesticide safety), and promoting exports. • This aforementioned came from this link. • A useful link is http://texaspolitics.laits.utexas.edu/

33. The Department Of Agriculture (continued ) 0 • As a legacy of its traditional duties regulating weights and measures – think grocery and produce scales – the department conducts annual checks on gas pumps to ensure their accuracy. • Texas is the second leading overall agricultural producer in the United States, ranking behind only California, making the Commissioner of Agriculture another key position in the plural executive branch. • This aforementioned came from this link. • A useful link is http://texaspolitics.laits.utexas.edu/

34. These Executives Diminish Governor’s Power: 0 • The significance of the aforementioned elective executives of these boards and commissions is that they perform a function of hiring and firing executives and establishing general agency policy which is out of the purview of the governor. • A useful link is http://texaspolitics.laits.utexas.edu/

35. Texas Governor is Weak 0 • When compared to governors in other states, the Texas governor is weak. • The power that the governor does have can be classified as: • Constitutional Power (state constitution) • Statutory Power • Expressed Power • Emergency Power • A useful link is http://texaspolitics.laits.utexas.edu/

36. Texas Governor: Constitutional Power (state constitution) 0 • A power vested in the governor by Article IV of the Texas Constitution (Its preamble, articles & more). • A useful link is http://texaspolitics.laits.utexas.edu/

37. Texas Governor: Statutory Power (i.e., state level) 0 • A power created for the governor through Texas Legislature. • A useful link is http://texaspolitics.laits.utexas.edu/

38. Texas Governor: Expressed Power (i.e., state level) 0 • A power of the governor that is expressly written into the Texas Constitution or into statutory law. • A useful link is http://texaspolitics.laits.utexas.edu/

39. Texas Governor: Emergency Power (i.e., state level) 0 • A power exercised by the governor during a period of national crisis. • For example, the governor may employ the militia to execute the laws of the state to suppress insurrection and repel invasions. • A useful link is http://texaspolitics.laits.utexas.edu/

40. Texas Governor is Weak 0 • Yet, another way to categorize the governor’s powers are as: • Informal Powers • Formal Powers • A useful link is http://texaspolitics.laits.utexas.edu/

41. Governor’s Informal Powers 0 • Informal (or extra-legal powers): Powers that are not stated in rules, laws, or the constitution, but are usually derived from these extra-legal powers. • That is, the governors’ ability to influence the making and executing of government policy through bargaining, persuading, and the ability to broker effectively between competing interests—For example: • The threat to veto • Bargaining • Precession Bargaining • An useful link: http://texaspolitics.laits.utexas.edu/

42. Governor’s Formal Powers 0 • Formal or legal powers: Powers stated in rules, laws, or the constitution—For example: • The veto • The item veto • Clemency • An useful link: http://texaspolitics.laits.utexas.edu/

43. Conditions That Enhance A Governor’s Powers:(Cont’d) 0 • A strong personality • Political expertise • Prestige • Knack for public relations and political drama • Good press relations • Supporters with economic and political strength • A favorable political climate • Good luck • An useful link: http://texaspolitics.laits.utexas.edu/

44. Since the Governor’s Is Weak, He Is Left With Persuasion: 0 • That is, the Governor has tools of persuasion. They are: • Legislative Tools Of Persuasion • Executive Tools Of Persuasion • An useful link: http://texaspolitics.laits.utexas.edu/

45. The Governor’s Legislative Tools Of Persuasion: 0 • Legislative tools of persuasion are bargaining tools the Texas governor has to influence the state legislature to follow the course of action that he/she wants. • The Veto: Executive power to reject a proposed law unless a majority votes to override governor’s opposition. • The Item Veto: Executive power to veto sections of a bill, but allowing remainder of bill to become law. Limited to appropriation bills only. • An useful link: http://texaspolitics.laits.utexas.edu/

46. The Governor’s Legislative Tools Of Persuasion: continued 0 • Legislative tools of persuasion are bargaining tools the Texas governor has to influence the state legislature to follow the course of action that he/she wants. • The Threat of a Veto: Threatening a veto is effective because the legislature knows how difficult it is to override a veto and usually lawmakers will at least partially meet the governor’s wishes in response to such a threat. • An useful link: http://texaspolitics.laits.utexas.edu/

47. The Governor’s Legislative Tools Of Persuasion: continued 0 • Precession Bargaining: Negotiation that lets governor and legislative leaders reach necessary compromises prior to start of the session. • Bargaining: Negotiation that lets governor and legislative leaders reach compromises once legislature is in session. • Special Sessions: The Texas constitution gives the governor exclusive power to call the legislator into special session and to determine the legislative subjects to be considered by the session. • An useful link: http://texaspolitics.laits.utexas.edu/

48. The Governor’s Legislative Tools Of Persuasion: continued 0 • Message Power: Allows governor to focus the attention of the press, legislators, and citizens on legislative proposals he/she considers important. Also called the “Bully Pulpit”. • Fact-Finding Commissions: Such as “Blue Ribbon” Commission that the governor appoints which consist of influential citizens, politicians, and members of concerned special interest groups. Measures public reaction to proposals or as a means to inform and increase public and interest group support. • An useful link: http://texaspolitics.laits.utexas.edu/

49. The Governor’s Executive Tools of Persuasion 0 • Executive tools of persuasion are bargaining tools the Texas governor has so that she/he can administer his/her executive responsibilities. • An useful link: http://texaspolitics.laits.utexas.edu/

50. The Governor’s Executive Tools of Persuasion: (Cont’d) 0 • Appointive Powers: An effective governor will use the power of appointment to the maximum. • The most important appointments the governor makes are to the independent boards and commissions. • The members of these boards establish general administrative and regulatory policy for state agencies or institutions. • A useful link is http://texaspolitics.laits.utexas.edu/