The Executive Department and the Office of the Governor of Texas Chapter 4

4-2 Upon completing this chapter, you will be able to…  Demonstrate knowledge of the executive branch of Texas government.

Historical Perspective Governors enjoyed stronger constitutional powers from 1836 to 1866 ◦Elected offices of Comptroller and Treasurer added in 1861 ◦Line-item veto privilege granted in 1866 ◦Term limits on office removed 1869 Constitution ◦Influenced by Jacksonian democracy---the idea of egalitarian principles and ideals, but only largely for white men ◦Increased term of office to 4 years 1876 Constitution ◦Reaction against Reconstruction era abuses weakens officeweakens office ◦Maintained the plural executive and further limited powers of the governor  2-year term of office instituted  Salaries would be defined in the Constitution  Detailed listing of job duties. 4-3

Modern Perspective Modern changes (20 th Century) include ◦Salary set by the Legislature (1954) ◦Term of office expanded to 4 years (1972) ◦State Constitution amended to allow removal power of appointments (with 2/3 vote of Senate) (1981) 4-4

The Plural Executive Potential for Conflict created ◦Article IV of the Texas Constitution creates a plural executiveArticle IV  Governor, Lt. Governor, Secretary of State*, Comptroller of Public Accounts, Treasurer*, Commissioner of the General Land Office, Attorney General, Railroad Commission (3), Agricultural Commissioner, SBOE (15)  Elected separately allowing them to claim their own mandates  Operate independent of the Governor and may result in policy clashes 4-5

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Qualifications Formal Qualifications ◦30 years old ◦US Citizen and a resident of Texas 5 years Informal Qualifications ◦Most have been Democrats (though not recently), wealthy, middle-aged, white male Protestants  Only two women and no minorities 4-8 Key term:  informal qualifications

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Salary Governors’ salaries nationwide: $70,000 to $179,000 Texas governor: $150,000 per year ◦Home in Austin ◦Car with driver; airplane; travel expenses ◦Budget for entertaining and for maintaining mansion 4-10

Succession to Office and Acting Governor Impeachment/Incapacitation ◦Impeaching the Texas Governor looks a lot like the Presidential impeachment process---The House draws the charges and the removal, if it occurs, is by trial and conviction in the Senate ◦Texans do not have voter-initiated recallvoter-initiated recall Lieutenant governor acts as governor when governor leaves state temporarily 4-11 Key term:  acting governor

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Powers of the Governor 4-15

Legislative Powers of the Governor State of the State Address ◦Establishes policy agenda Special Sessions ◦30 days and control of the agenda Veto ◦Line item and regular variety  2/3 of both houses to override with the ability to veto up to 20 days after sine die. 4-16

Budgetary Powers of the Governor While having the line-item veto which can be powerful, the Governor has relatively weak budgetary authority, sharing it with the Legislature.budgetary authority ◦Legislative Budget Board (LBB) ◦Texas Legislative Council ◦Legislative Audit Committee and State Auditor’s Office 1985 Constitutional amendment empowered the Governor to shift funds in an emergency or cut funds (Budget execution order) 1985 Constitutional amendment 4-17

Appointive Powers of the Governor The Governor makes appointments to more than 200 Boards or Commissions200 Boards or Commissions ◦Appointments are subject to Senate confirmation ◦Most are for six-year staggered terms ◦The Governor has limited removal power and only over THEIR appointments ◦Vacancies to statewide offices (except Lt. Governor) and benches as well as US Senate seats are filled by appointment of the Governor 4-18 Key term:  Senatorial courtesy

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Judicial Powers of the Governor Including appointing members to the bench in the event of a vacancy, the Governor has limited judicial powers afforded the office ◦Appointing members of the Board of Pardons and ParolesBoard of Pardons and Paroles ◦Grants executive clemency  30-day stay of execution  Commutation of a death sentence to life in prison  Full/Conditional pardons ◦Orders state officials to carry out extradition proceedings 4-20 Key term:  Senatorial courtesy

Military Powers of the Governor Acting, much like the President, serving as Commander in Chief of the state’s military forcesmilitary forces ◦Appoints the Adjutant General to head the Texas National GuardAdjutant General ◦In cases of emergency, the Governor can mobilize the National Guard, to protect lives, property and keep the peace.  Jade Helm controversy Jade Helm controversy  Operation Strong Safety Operation Strong Safety 4-21

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4-23 CORE OBJECTIVE Thinking Critically… We discussed factors that influence the strength of the power of the governor. Those factors include the number of elected statewide executives; tenure of office; the governor’s appointive powers; the governor’s budgetary powers; the governor’s veto powers; and the extent to which the governor controls his or her political party. What can you conclude about the powers of the governor?

Informal Powers The Governor’s Staff ◦Organization of the Governor’s Office reflects leadership styles  Highly centralized or seek greater contact with advisors  Can affect the flow of information to the to the Governor ◦Chosen for their media/public relations/policy expertise 4-24 Key terms:  chief legislator  party chief  ceremonial duties  crisis manager  intergovernmental coordinator

Other Offices of the Plural Executive Lieutenant Governor ◦Primarily a legislative office with few administrative dutiesPrimarily a legislative office  Considered by some to be the most powerful state office  Presides over the Senate  Chairs the Legislative Budget Board  Succeeds the Governor if death, incapacitation or impeachment occurs ◦Qualifications for Office  Article 4, Section 16 of the Texas Constitution requires that the Lieutenant Governor meet the same qualifications for office as a Gubernatorial candidate 4-25

Other Offices of the Plural Executive Attorney General ◦Serves as the state’s chief legal officer ◦Represents the state in litigation ◦Enforces antitrust and consumer protection laws (arguably, not vigorously) ◦Provides for child support collection ◦Creates advisory opinions on the legality of actions when requestedadvisory opinions ◦Primarily civil in nature with little authority over criminal matters 4-26

Other Offices of the Plural Executive Comptroller of Public Accounts ◦Serves as the state’s chief tax administrator, accounting officer and revenue estimator  Assumed the state treasurer’s duties in 1995  Provides revenue estimates of state income to guide budget preparation  Certifies that the state budget meets revenue projections to meet the “pay-as-you-go” requirement 4-27

Other Offices of the Plural Executive Commissioner of the General Land Office ◦Manages state-owned lands and mineral rights  Revenues for these are earmarked for the Permanent University and the Permanent School Funds  Responsible for the Veterans’ Land ProgramVeterans’ Land Program  Develops environmental programs ◦ Plans for dealing with oil spills ◦ Preventing beach erosion ◦ “Don’t Mess with Texas” 4-28

Other Offices of the Plural Executive Commissioner of Agriculture ◦The statutory officer regulating agriculture in Texas  Administers consumer protection laws respecting ◦ Weights and measures ◦ Packaging and labeling ◦ Marketing  Supports agricultural research and education programs 4-29

Other Offices of the Plural Executive Secretary of State ◦The only appointed office in the plural executive  Grants charters to businesses and corporations  Processes the extradition of prisoners  Administers Texas’ election laws, reviewing county and local election procedures, developing statewide voter registration policies and maintaining a repository of election results  Keeper of the “Seal”  Maintains the Texas Register and Texas Administrative CodeTexas RegisterTexas Administrative Code 4-30

Other Offices of the Plural Executive Elected Boards and Commissions ◦Texas Railroad Commission  Three members, elected in statewide races serving staggered six year terms ◦ Oversees railroad safety as well as oil, natural gas and mining industries ◦State Board of Education  Fifteen members, elected from statewide, single member districts ◦ Translating legislative educational mandates into rules/regulations ◦ Invests money in the Permanent School Fund ◦ Oversees textbook selection and sets curriculum standards ◦ Coordinates with the Education Commissioner to oversee the Texas Education Agency (TEA) 4-31

Duty of Executive Agencies State agencies are supposed to be responsible to the people. ◦They are the entities that ‘breathe life’ into policies created by the Legislature by formulating rules and regulations. Agencies are created out of necessity but are subject to periodic review by the Legislature to ensure that the agency is fulfilling its mission Key terms:  Sunset review  Sunset Advisory Commission

Texas Bureaucracy Administrative duties are decentralized in Texas and reside among many independent boards, commissions and agencies which operate separately. ◦Legislative Agencies  Legislative Budget Board  Texas Legislative Council  Legislative Audit Committee  State Auditor’s Office  Texas Legislative Reference Library ◦Judicial Agencies  Office of Court Administration  Texas Law Library ◦Ex Officio Boards and Commissions  Bond Review Board  Legislative Redistricting Board 4-33

Rulemaking Like the Federal Government, Texas mandates processes for rulemakingprocesses for rulemaking Texas’ Administrative Procedure Act requires public notice and commentary periods be adhered to when agencies propose rules. These rules are posted in the Texas Register which is published once a week and new rules, after being codified are placed in the Texas Administrative CodeTexas RegisterTexas Administrative Code Agencies are responsible for implementation of the rules they promulgate. 4-34