Chapter 8The TexasExecutive Branch

The Governor

• Texas governor position is weak by design– 1876 Constitution (currently in place) reaction to

overly powerful governor during Reconstruction

• Governor is one member of plural executive– Multiple elected offices independent of governor

•Unique to Texas, most state governors appoint and remove these executive positions (that Texans elect)

– Important functions outside governor’s authority•Budget most notably

The Governor

• To be successful, the governor must:– Use appointments well– Willing to veto, but also to negotiate

• Win support for policy agenda from legislators, interest groups, and other vested parties– Convince public to adopt vision for state– Since governors have limited power, it becomes

more important to be popular among voters.

The Governor

• Formal powers of Texas governor– Call special sessions of the legislature– Pardon criminals– Permit fugitives to be extradited– Appoint state board and commission

members– Veto acts of the legislature– Give the State of the State address– Declare martial law

The Governor

• Informal powers of Texas governor– Biggest power is the power to persuade– Address the legislature– Set the agenda for state government

•Cooperation/influence with legislature, agencies, boards/commissions

– Media covers governor statements and politics– By far, the most visible state government

official

The Governor

• Formal requirements to run– Thirty years of age– U.S. citizen– Resided in Texas for the prior five years

• Informal requirements (viable candidates)– Strong name recognition– Prior elected experience– Successful at fund-raising for campaign and

party– Support from national party

Governors of Texas and Their Terms of Office since 1874

Campaigns

• Campaigns usually start election year January

• Party primaries held in March• General elections in November

– Follow the national calendar

• Currently, GOP primaries more consequential than general election for statewide offices

• Candidates must fund-raise and make the rounds before then.

Campaigns

• State size makes governor campaigns expensive for two reasons:

• Travel distances to fund-raising and events– Rallies, editorial board meetings, debates

• Travel costs add up (air, gas, cars, hotel, meals, mobile tech)

• 20 different advertising media markets– Television and radio ads run by geographic

region•Even in online ad era, most money is spent on TV ads

Campaigns: Texas Media Markets

1. Abilene-Sweetwater2. Amarillo 3. Austin 4. Beaumont-Port Arthur 5. Corpus Christi 6. Dallas–Fort Worth 7. El Paso 8. Houston9. Laredo

10. Lubbock

11. Odessa-Midland 12. Rio Grande Valley13. San Angelo14. San Antonio15. Sherman-Ada16. Shreveport17. Tyler-Longview18. Victoria 19. Waco-Temple-Bryan20. Wichita Falls & Lawton

Governor Impeachment Process

• State constitution does not specify reasons for impeachment

• Majority of Texas House must vote to impeach

• Trial held by state Senate• Texas Supreme Court chief justice

presides• Two-thirds of state senators present must

vote to convict

Succession

• Lieutenant governor becomes governor if governor resigns, dies, or impeached– 1999 Gov. George W. Bush resigned to run

for the presidency, Lt. Governor Perry became governor

• Lt. governor becomes acting governor when governor is out of state or incapacitated

Compensation

• Annual salary $115,345

• Governor’s mansion• State limousine• Use state-owned

aircraft• Personal staff

Governor’s Staff

• About 250 staffers– Most are responsible for policy work.

•Topical experts, legislative lobbying– Some are on the political side.

•Schedulers, press secretaries–Not allowed to campaign; just like any

other office–State never pays for campaign events

or work

Executive Powers of the Governor

• Significant appointment power• In four-year term, governors make about

3,000 appointments• Approximately 200 boards,

commissions, and agencies oversee important state functions– Ex: University regents, Public Utility

Commission

Executive Powers of the Governor

• Appointees must be approved by the Senate.– Take office immediately after governor

appoints•Thus, in practice, Senate rejects more

than it ratifies.

• Senatorial courtesy– Senator from the appointee’s district must

approve of the appointment.

Budget Power

• The governor has a line-item veto.– Yet cannot impound or transfer funds– Once money has been appropriated by the

legislature, it must be spent.

• Governor has little authority over budgetary process other than the ability to veto.– Budgetary duties belong to others in the

plural executive and legislature.

Military Power

• Governor is commander in chief of Texas National Guard– Unless under the president’s command

•Wars and other crises, presidents call upon National Guard units

• Can declare martial law•Has been employed under extremely

devastating natural disasters (hurricanes) and riots

–Not used in over 70 years

Legislative Powers of the Governor

• Message power– State of the State address

•Outlines priorities for the next two years•Tries to set agenda and outline a budget

– Media attention to governor speeches and events

• Governors also lobby– International, national, and state policy makers

•Personally or via staffers•Advance policy agenda articulated during campaign

Legislative Powers of the Governor

• Veto power– Post-adjournment veto (“strong veto”)

•Veto after legislature ends session, preventing override

– Line-item veto•Gov. can veto specific elements of

appropriations bills.– Use depends on governor, legislature

partisanship• When governor and legislature majority are same

party, fewer policy disagreements, hence fewer vetoes.

Legislative Powers of the Governor

• Governor authority to call special sessions of the state legislature

• Legislature can be called to convene in special session at any time of the year– Sessions last 30 days

• Governor sets legislative policy agenda– Deal only with issues/policies governor identifies– Governor can recall unlimited number of

sessions

Judicial Powers of the Governor

• State judge vacancies filled by the governor– All state judges are elected, but many retire or

otherwise leave office during their tenure.– 95 percent of judges are re-elected, thus judges

appointed by governor likely to remain in office

• Governors can give 30-day stay of execution– Any other change to any sentence must first be

recommended by the Board of Pardons and Paroles

The Plural Executive

• Governor

• Attorney General

• Land Commissioner

• Secretary of State*(governor appoints)

• Lieutenant Governor

• Comptroller Public Accounts

• Agriculture Commissioner

• Railroad Commission (3)

Multiple independently elected positions Do not report to governor, may be of any party

Elected Officials in Texas with Executive Responsibilities

Campaign Contributions in 2010and the Plural Executive

The Plural Executive

• Secretary of state• Chief election officer

– In charge of registration– Collects election data from county judges

and clerks •Maintains other state records, but largest

role is with elections– Not comparable at all to U.S. secretary of

state

The Plural Executive

• Lieutenant governor– Powers in state constitution and state senate

rules

• Presides over Texas Senate• Performs as acting governor when governor

is unable to perform duties• Chairs Legislative Budget Board• Breaks tie votes in Senate• Appoints Senate committees and chairs

The Plural Executive

• Attorney general (AG)– State’s highest civil attorney

• In charge of all civil cases where state is a party in the lawsuit– When state is sued, or when state sues

• Can issue opinions for agencies that have the impact and force of law

• Collects child support

The Plural Executive

• Commissioner of General Land Office (GLO)– Texas owns or has mineral interests in 20.3

million acres of land, plus all underwater lands 10 miles out from the coast.

• Responsible for 18,000+ producing oil wells• Responsible for awarding drilling

exploration rights on state land• Protects environmental quality of state land

and water

The Plural Executive

• Commissioner of agriculture– Enforces agricultural laws including

quarantine laws, food inspection, disease and pest control programs, weights and measures

The Plural Executive

• Comptroller of public accounts• Invests state money

– Pension funds, debt, current accounts

• Oversees taxation– Collection, current totals, projections

• Estimates state revenues– Influences how much legislature can budget

Boards, Commissions, and Regulatory Agencies

• Bureaucracy: complex structure of offices, tasks and rules employed by large-scale institutions to coordinate tasks and personnel

• At this point, Gov. Perry has appointed every single state bureaucratic appointee to every position the state constitution allows.– Over 10 years as governor, unprecedented

opportunities to appoint and influence state policy

Boards, Commissions, and Regulatory Agencies

• Multimember appointed boards– Appointed by governor and approved by

Senate– Examples: Dept. of Parks & Wildlife, Dept. of

Correction, Public Utilities Commission

• Single executive boards– Appointed by governor, approved by Senate

•Example: Dept. of Insurance has just one commissioner

Boards, Commissions, and Regulatory Agencies

• Railroad Commission of Texas (RRC)– Six-year terms, one member elected every

other year– Regulate trucking, rail freight, oil and

natural gas industries•Controlled production to maintain price

stability

• Today, the RRC no longer regulates railroads!

Boards, Commissions, and Regulatory Agencies

• State Board of Education (SBOE)– 15 members serving four-year terms– Elected in geographic districts representing

different state regions

• Recommend commissioner of education candidates to governor– Education commissioner oversees Texas

Education Agency (TEA)

Sunset Advisory Commission

• Sunset Advisory Commission (SAC)– Evaluates utility of state agencies

• Once every 12 years, each agency can be abolished unless legislature votes to renew it.

• Agencies must justify their existence.– Detail how they meet legislative mandates.

• 58 agencies have expired under the SAC