the texas executive

The Executive Branch of Texas Government

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

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 governor’s 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

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

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

Structure of Plural Executive Some argue that plural executive’s

effect on governor’s control is minimal because of little history of significant conflict

Others argue that governor never pursues controversial policies in order to “get along”

Our governor’s position is consistently ranked as “weak”

Qualifications for Governor Thirty years old U.S. citizen Texas resident for at least five

years

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

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

Compensation Salary is $115,345.00 per year Mansion provided with staff Security detail Travel expenses Access to state-owned planes and

cars

Governor’s 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

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

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

Governor’s proclamation calling a special session must be carefully drafted - once called, Governor can increase agenda items

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 Line–item veto is very powerful, but

legislature has attempted to get around it through “lump sum” appropriations

Budgetary Powers Weaker than most states Legislative Budget Board (LBB) and

governor both make recommendations, but Legislature usually follows LBB

Governor can propose transfer of funds during interims, with approval of LBB

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)

Appointive Powers Senatorial courtesy permits a

senator to block appointment of someone who lives in that senator’s 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

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

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)

Military Powers Serves as “Commander-in-Chief”

of militia, except during wartime Can call out National Guard during

times of riot or other emergency

Informal Resources Staff

Staff is around 200, with some making more than the governor

Staff will ideally enhance the governor’s political, administrative and policy-making capabilities

Chosen on abilities and loyalty Control access to and information for

the governor

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

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

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

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

didn’t get involved in the 1993 session, except to kill a concealed carry bill

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

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

Lieutenant Governor David Dewhurst Primarily legislative

office, but powerful because of role and statewide constituency

Chairs LBB Presiding officer of

the Senate

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

Comptroller Susan Combs

Primary tax administrator, accounting officer and revenue estimator

Budget can’t become law without certification that it falls within revenue estimates

Land Commissioner Jerry Patterson

Manages state owned lands, including mineral rights

Administers Veterans Land Board program

Agriculture Commissioner Todd Staples

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

Secretary of State Esperanza “Hope”

Andrade Appointed by

governor Primary function

is to administer state election laws

Also handles corporate charters and processes extraditions

State Treasurer Created in 1876 Constitution as

custodian of state funds Abolished in 1995 Duties transferred to Comptroller

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