Chapter 4

1. Chapter 4 Governors and Bureaucracy in Texas

2. Introduction Examples of Rick Perry attempting to expand the powers of the Texas Governor

3. The Office of the Governor Qualifications: • Constitutional (formal) requirements: • at least 30 years of age • Resident of Texas for at least 5 years • U.S. citizen • Cannot hold other office or receive other compensation while governor • Informal requirements (common characteristics): • White, Protestant, independently wealthy men, • College (bus. or law major) with previous pol experience; few with NO pol experience (Bush) • Mil exp and family • Conservative ideology • 2 women – Miriam Ferguson and Ann Richards

4. The Office of the Governor Terms of Service: • Term of 4 years • begins in January after the general election. • No term limits • Perry longest serving to date, Dec. 2000-2013 (14+ yrs at end of term in Jan. 2015) • Gov’r Ann Richards

5. The Office of the Governor Succession: • Lieutenant Governor is first in line of succession. • Senate's Pres pro tem • Speaker of House • Atty General * Custom: Gov and Lt Gov leave state on same day so Sen. Pres pro tem can be gov’r for a day Compensation: • The current annual salary = $150,000 • Other compensation – travel allowance, plane, limo, helicopter, staff, mansion  $10,000 mo rent due to fire in mansion renovations US = VP, Spkr, Pres Pro tem, Secy State

6. Impeachment:You’re Fired! • As with the federal govt, Tx House of Rep indicts with majority vote • Trial held in Senate where two-thirds (2/3) support from Senate is required for conviction and removal • TX Const silent on what constitutes impeachable offense (US = treason, bribery or high crimes & misdemeanors) • Only Gov. removed is James Ferguson.

7. Powers of the Governor Executive Role: • Must work with state bureaucracy to administer laws • Weak executive with little influence over the state budget and over executive branch appointments • Plural executive – other major offices not dependent on Govr’s goals as separately elected; hence exec more fragmented and less unified than other states • Patronage for lower positions – builds up loyalty if in office long time like Perry • Legislature increased apptmt power by creating more boards and commissions needing apptmts • Gov fills vacancies for unexpired terms, 2/3 Sen approval if in session; Recess apptmt – require Sen approve w/in 10 days begin of next session (18 mos later?)

8. Appointments cont • Senatorial courtesy – Senate refuses to confirm if appointee does not have approval of district Senator; gov’r looks weak if appointee not approved • Perry’s Game: allowed over 400 apptmts to expire. Old incumbent appointee continues to serve until replaced, Perry waited until session over before making recess apptmt, circumventing senatorial approval.

9. Removal & Revolving Door • Remove apptee? – if 2/3 Sen agrees • Revolving Door – movement of persons from govt job to highly paid lobbying jobs • Tx – no waiting period except head of state agency cannot lobby his former agency for 2 yrs (but can lobby other agencies) • Budget power – none. Rarely submits budget as Legislative Budget Board co-chaired by Lt Govr and Spkr does • Line-item veto – strike out money lines in appropriation bills w/o vetoing whole bill

10. Legislative Role: • Veto power limit 10 days if leg in session (sign veto or auto law) • If legis over (140 days), then has 20 days to sign or veto • Post-adjournment veto – no override possible as L gone! • Legis 2/3 override very rare • Line-item veto • Ability to call special sessions – 30 days, govr’s topic [cost over $1 mil for taxpayers!] • Bring attention to specific policy matters (state of the state address to joint session). • Issues executive orders to agencies • Backfired with HPV vaccine order

11. Judicial Role: • Ability to fill judicial vacancies until next election -- important since most incumbents are reelected. • No pardon power w/o Board’s recommendation • Stay of execution – one time only per defendant, 30 days postponement of death penalty execution; allows time for filing another appeal Military Role: • Commander-in-chief of Texas Nat’l Guard and Texas State Guard • Use State Guard when Nat’l guard busy • 2006 Congress restricted governors use of Nat’l Guard by increasing President's control of natl guard during “natural disaster, epidemic or other health emergency, terrorist attack or incident”

12. Informal Powers The use of ambition and personal style to generate influence beyond what is constitutionally (formally) given. • Ceremonial duties • Crisis manager - post hurricane, major shooting, large refinery fire, etc • Popular mandate – more influence with legislature

13. The Texas Bureaucracy • Texas’s fragmented plural executive includes five independently elected offices and one appointed official: • Lieutenant Governor • Attorney General • Comptroller of public Accounts • Agriculture Commissioner • Land Commissioner • And apptd Secy of State

15. The Texas Bureaucracy Lieutenant Governor • Elected in a statewide election to a four-year term • The presiding officer of the Texas Senate for two consecutive sessions • Co-chairs the Legislative Budget Board • Assumes the role of governor if the governor leaves the state or for some reason leaves office

16. The Texas Bureaucracy Attorney General: • Elected in a statewide election to serve a four-year term • Serves as the chief legal counsel for the state • Charged with ensuring that corporations in Texas comply with state and federal laws • Collects unpaid child support and delinquent state taxes • Issues advisory opinions to the governor’s office, the legislature, or other state agencies

17. The Texas Bureaucracy Comptroller of Public Accounts: • Elected to a four-year term in a statewide election • Responsible for collecting a variety of state taxes and fees • Estimates the amount of revenue the state will generate each year for the legislature, thus avoiding generating state debt • Manages and invests state funds

18. The Texas Bureaucracy The Agriculture Commissioner • Elected to a four-year term in a statewide election • Heads the Department of Agriculture and implements state agricultural law • Inspects the accuracy of market scales and gas pumps throughout the state • Regulates the use of pesticides and the quality of agricultural products • Promotes agriculture throughout the state

19. The Texas Bureaucracy Land Commissioner • Elected to a four-year term in a statewide election • Heads the state General Land Office, administering the state’s public lands • Makes low-interest loans available to veterans • Oversees revenues derived from the abundance of state lands • Oversees the leasing of wind rights for wind power generation off the Texas Gulf Coast

20. The Texas Bureaucracy Secretary of State • Appointed by the governor and confirmed by the senate to a four-year term • Administers the state’s elections and voter registration, and certifies election results • Maintains a list of lobbyist and campaign contributions, issues corporate charters, certifies notaries public, and keeps the official state seal • Acts as chief administrator for the office of Texas Border and Mexican Affairs • Designated as the chief protocol officer who receives international delegations • Serves as the state’s record keeper

21. Boards & Commissions The Texas Railroad Commission: • Comprised of three members elected to overlapping six-year terms in staggered statewide elections • By custom, the chair of the commission rotates among commissioners every two years. • The commission oversees oil and natural gas exploration & production, natural gas and hazardous liquids pipeline operations, natural gas utilities, LP gas service, and coal and uranium mining. • Most of the commission’s efforts are focused on oil and natural gas exploration and production. • See “Texas Legends” (p. 115).

22. State Board of Education • Fifteen member board elected in single-member districts within the state • The board approves state curriculum for textbooks, determines passing scores for the state’s educational testing, and manages the Permanent School Fund, a fund set aside to finance education in Texas. • The Commissioner of Education is appointed by the governor with senate confirmation from a list of candidates supplied by the board to administer the Texas Education Agency.

23. The PUC • The Public Utilities Commission (PUC) —an appointed regulatory board made up of three members appointed by the governor subject to senate approval for six year overlapping terms • Charged with protecting consumers in a deregulated energy industry • Created a Texas no-call list

24. Bureaucratic Accountability: The Sunset Process • Texas has a series of sunshine laws designed to make state government more transparent and accessible to the people. • Public Information Act • Open Meetings Act • In November 2007, “Texas voters overwhelmingly passed an amendment that requires both houses of the Texas Legislature to record a final vote on bills and make that vote available on the Internet.” (p. 116)

25. ReviewProcess

26. Bureaucratic Accountability: The Sunset Process • The Sunset Review process—a formal assessment of the effectiveness of all statutory boards, commissions, and state agencies • The Sunset Advisory Commission was created by the legislature in 1977 to review the effectiveness of state agencies. The commission is made up of twelve members, including five each from the House and the Senate, appointed by the presiding officers of each. • The sunset review process requires most gubernatorial appointed boards and commissions to be reviewed every twelve years. • Since the process began, 52 agencies have been abolished and 12 have been consolidated.