the texas executive
TRANSCRIPT
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