Lone Star: The Story of Texas Chapter 20 Texas Government Copyright © 2003 by Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, NJ. All rights reserved.

Lone Star: The Story of Texas Chapter 20: Texas Government Section 1: The Constitution of Texas Section 2: The Legislative Branch Section 3: The Executive Branch Section 4: The Judicial Branch Section 5: Local Government Copyright © 2003 by Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, NJ. All rights reserved.

The Constitution of Texas Chapter 20, Section 1 What functions do constitutions serve? How does the Texas constitution limit the power of government? Why is the Texas constitution long and complex?

Constitutions in Texas History Chapter 20, Section 1 Constitution of 1824 Constitution of Coahuila y Tejas (1827) Constitution of the Republic of Texas (1836) Constitution of 1845 Constitution of 1861 Constitution of 1866 Constitution of 1869 Constitution of 1876 A national constitution that governed the Republic of Mexico Promised the rights of liberty, property, and equality Split government into three branches; legislative, executive, and judicial Gave Texas its first state government Written when Texas seceded from the United States Written after defeat in the Civil War Forbade slavery Includes a Bill of Rights similar to the Bill of Rights in the U.S. Constitution

Government Under the Constitution Chapter 20, Section 1 The Texas Constitution The Texas Bill of Rights protects religious freedom, freedom of speech and the press, and the right to assemble peacefully. It also protects the rights of the mentally ill or mentally challenged, and bans unequal treatment based on gender. The Texas constitution splits the government into three branches: legislative, executive, and judicial. This division is known as separation of powers; it prevents any one branch from having too much power. Texas uses checks and balances to limit government power. Each branch of government is able to block the actions of the others. This ensures that no branch becomes too powerful.

The Texas Constitution Today Chapter 20, Section 1 Constitutional Amendments Texas lawmakers have added more than 350 amendments to the state constitution over the years. The legislature has to propose and pass any potential changes to the constitution. The voters must approve them. Calls for Reform Texas lawmakers wrote a new constitution in 1974. The legislature failed by three votes to pass the document. Without the legislature’s approval, it could not go to the people for a vote. Texas continues to be governed by the Constitution of 1876.

The Constitution of Texas - Assessment Chapter 20, Section 1 In a federalist system, the national and local governments (A) are controlled by the executive branch. (B) operate independently. (C) compete. (D) share power. The system of checks and balances lets each branch of government (A) operate independently. (B) block the actions of the others. (C) be responsible for passing their own laws. (D) handle their own finances. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Constitution of Texas - Assessment Chapter 20, Section 1 In a federalist system, the national and local governments (A) are controlled by the executive branch. (B) operate independently. (C) compete. (D) share power. The system of checks and balances lets each branch of government (A) operate independently. (B) block the actions of the others. (C) be responsible for passing their own laws. (D) handle their own finances. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Legislative Branch Chapter 20, Section 2 What is the function of legislative committees? What power does the legislature have over the governor? How does a bill become a law?

Organization of the Legislature Chapter 20, Section 2 The Texas legislature is bicameral. It has two chambers: the House of Representatives, which has 150 members, and the Senate, which has 31 members. Texas Legislature Term 4 years 2 years Age 26+ 21+ Residency 5+ years 2+ years Sessions Once every two years for 140 days Senate House of Representatives U.S. Congress Term 6 years 2 years Age 30+ 25+ Residency 9+ years as U.S. citizen; must live in state at time of election Sessions At least once each year; no time limit Senate House of Representatives 7+ years as U.S. citizen; must live in state at time of election

Leadership and Committees Chapter 20, Section 2 Leadership Members of the Texas House of Representatives elect a Speaker of the House. The speaker keeps order during all proceedings, appoints members of all house committees, and decides which committees will review each bill. A bill is a proposed law. Committees The House of Representatives and the Senate divide their work among committees. Each committee considers different kinds of bills. The heads of committees choose which bills to consider. Most committee leaders have seniority. This is a high rank earned by long service. Interim committees work when legislature is not in session. Select committees – temporary groups that deal with special issues.

How Bills Become Law Chapter 20, Section 2 Bill is introduced in either the House of Representatives or the Senate Committee studies bill, at which time the public may be present. Chamber debates the bill. The public may be present to show support or to oppose. If passed, the bill is sent to the other chamber. There, a similar procedure takes place. If passed with amendments, bill is returned to the original chamber. If members approve of the changes, it is sent to the governor. If passed without amendments, bill goes straight to the governor. Governor may veto, sign, or not sign the bill. If not vetoed, the bill becomes law on January 1 of the next year.

The State Budget Preparing a Plan Chapter 20, Section 2 Preparing a Plan The Legislative Budget Board presents its budget plan to the legislature. Standing committees in the House and Senate review the plan and make changes. Both houses must approve the budget for it to become law. The Texas constitution requires a balanced budget. The state cannot spend more than it takes in from taxes and other sources. Approving Appointments Committees use their budget power to keep tabs on government agencies. The Sunset Act states that an agency must cease to exist after 12 years unless the legislature votes to renew it. This allows lawmakers to change or get rid of an agency. The Senate has the power to advise and consent. It must approve the governor’s choice of individuals before they can head state agencies.

The Texas Legislature - Assessment Chapter 20, Section 2 The Texas Legislature is ______________. It has two chambers: the house of Representatives and the Senate. (A) bicentennial (B) bisected (C) bicameral (D) dual-cameral Select committees deal with (A) issues that were not resolved by the interim committees. (B) special problems or issues. (C) issues that relate to discrimination. (D) pet projects of the House and Senate members. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Texas Legislature - Assessment Chapter 20, Section 2 The Texas Legislature is ______________. It has two chambers: the house of Representatives and the Senate. (A) bicentennial (B) bisected (C) bicameral (D) dual-cameral Select committees deal with (A) issues that were not resolved by the interim committees. (B) special problems or issues. (C) issues that relate to discrimination. (D) pet projects of the House and Senate members. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Executive Branch Chapter 20, Section 3 What is the governor’s most important legislative power? What is the importance of the duties of the comptroller of public accounts? What are the powers and duties of the State Board of Education?

The Office of Governor Selecting a Governor Chapter 20, Section 3 Selecting a Governor The people of Texas elect the governor. A candidate must be at least 30 years old. must be a United States citizen. must be a Texas resident for at least five years. Each governor serves a four-year term. State lawmakers set the governor’s salary. The governor lives in the executive mansion in Austin.

Power of the Governor Chapter 20, Section 3 Message power – can use public recognition to promote new laws or programs Can veto (stop a bill before it becomes law) a bill Line-item veto – can reject parts of a bill and accept others Can call legislature into special session Legislative Power Is commander-in-chief of the Texas National Guard Can declare martial law (temporary rule by the military, used only in times of great danger) Can appoint state officials Executive Power Can grant pardons (a release from punishment for a crime) Can postpone or reduce the sentence of those convicted of crimes Can delay an execution for 30 days Judiciary and Other Powers

Other Powerful Members of the Executive Branch Chapter 20, Section 3 Acts as governor when the chief executive is absent Serves as head of the Senate Serves as the state’s chief lawyer Defends the Texas government in civil law Gives legal advice to state agencies Serves as chief tax collector in the state Estimates the state’s income two years into the future Authorizes payment of bills Oversees banks in the state Handles the use of state lands Issues land grants for grazing, oil drilling, other uses Enforces the laws and rules that deal with farms and ranches Handles matters that involve elections Maintains a file on the formal acts of the governor and the legislature Publishes state laws and grants charters to companies Lieutenant Governor Attorney General Comptroller Treasurer Commissioner of the General Land Office Commissioner of Agriculture Secretary of State

Boards and Commissions Chapter 20, Section 3 Boards and commissions regulate many trades and professions. The governor appoints many of the members of these groups. Some are elected by voters. Key boards and commissions include: The Railroad Commission The State Board of Education

The Executive Branch - Assessment Chapter 20, Section 3 Who is the commander in chief of the Texas National Guard? (A) The attorney general (B) The secretary of state (C) The governor (D) The treasurer What judiciary power does the governor have? (A) The governor may convert a death sentence to a life sentence. (B) The governor is the chief justice of the Texas Supreme Court. (C) The governor can delay executions for six months. (D) The governor may grant a pardon for a criminal. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Executive Branch - Assessment Chapter 20, Section 3 Who is the commander in chief of the Texas National Guard? (A) The attorney general (B) The secretary of state (C) The governor (D) The treasurer What judiciary power does the governor have? (A) The governor may convert a death sentence to a life sentence. (B) The governor is the chief justice of the Texas Supreme Court. (C) The governor can delay executions for six months. (D) The governor may grant a pardon for a criminal. Want to link to the Lone Star Internet activity for this chapter? Click here!

The Judicial Branch When is a person charged with a felony? Chapter 20, Section 4 When is a person charged with a felony? What are the two highest courts of appeals in Texas?

Texas Law Civil Law Cases Chapter 20, Section 4 Civil Law Cases Involve disputes between two or more people or groups Include disputes over property rights, family matters, personal injury, or civil rights May be decided by a judge or a jury Plaintiff: the party who claims to have been harmed Defendant: the party accused of wrongdoing

Texas Law Criminal Law Cases Misdemeanors Lesser crimes Chapter 20, Section 4 Criminal Law Cases Misdemeanors Lesser crimes Punishable by fines or a light jail sentence To charge a person with a misdemeanor requires a complaint, a sworn statement that there is evidence that the accused committed a crime. Felonies Major crimes Punishable by a jail sentence or the death penalty Capital offenses: serious offenses, such as murder, that may be punishable by death A grand jury (a group of at least 12 citizens) charges a person with a felony. The grand jury prepares an indictment (formal charge of wrongdoing) if there is enough evidence.

Texas Law Trials Trials do not settle all cases. Chapter 20, Section 4 Trials Trials do not settle all cases. Plea bargain: an agreement between the state and the defendant that benefits both parties. Plea bargains are used to avoid going to trial. Eligibility for jury duty: a person must be at least 18 years old, an U.S. citizen, and a resident of Texas. Convicted felons may not be jurors.

The Court System Chapter 20, Section 4 Texas has two types of courts: trial courts and courts of appeal. Trial courts hear cases and reach verdicts. Courts of appeal review cases first heard in trial courts. Justice of the Peace Municipal Courts County Courts District Courts Appeals Courts Deals with minor offenses that are punishable by fines and civil cases involving small sums of money Try minor crimes, such as violations of traffic laws County courts at law hear civil cases that involve amounts up to $100,000 Constitutional county courts hear small civil cases The main trial courts in Texas Try all felony cases and all civil cases involving divorce or ownership of land Hear criminal and civil cases Hear appeals of all criminal and civil cases from county and district courts

The Judicial Branch - Assessment Chapter 20, Section 4 Crimes that may be punishable by death are called _____________. (A) misdemeanors (B) felonies (C) indictments (D) capital offenses Which court would be most likely to handle a divorce? (A) District court (B) Justice of the peace court (C) Municipal court (D) Court of criminal appeals Want to link to the Lone Star Internet activity for this chapter? Click here!

The Judicial Branch - Assessment Chapter 20, Section 4 Crimes that may be punishable by death are called _____________. (A) misdemeanors (B) felonies (C) indictments (D) capital offenses Which court would be most likely to handle a divorce? (A) District court (B) Justice of the peace court (C) Municipal court (D) Court of criminal appeals Want to link to the Lone Star Internet activity for this chapter? Click here!

Local Government What are the functions of the commissioners court? Chapter 20, Section 5 What are the functions of the commissioners court? What powers does a strong mayor have in a mayor-council form of government? What is the function of the most common type of special district?

County Government Chapter 20, Section 5 County governments keep state records, collect taxes, issue licenses, and run elections. Most major county officials are elected. The commissioners court is made up of a county judge and four elected commissioners. This judge is the most powerful local official in most counties. The sheriff is the top law enforcer. He appoints deputies and jailers. The county attorney prosecutes people who break the law. The county clerk keeps records of all legal documents and issues marriage licenses. The treasurer controls the inflow and outflow of tax dollars. The tax assessor-collector collects property taxes. County government is funded through property taxes, state and federal funding, sales taxes, and sometimes, voter-approved bonds.

City Government Forms of City Government Chapter 20, Section 5 Forms of City Government Mayor-council: a government led by an elected mayor and a group of lawmakers called a city council. Council-manager: a government in which the mayor has limited power and a city manager takes care of the city’s affairs. Paying for City Government Property taxes: one of the most important sources of money for city governments. Franchise tax: a tax on certain types of companies that do business in a city. Fees: amounts charged for permits and licenses to operate some businesses.

Special Districts Chapter 20, Section 5 Special districts are local governments that perform certain functions. Special districts include community college districts, hospital districts, and rural fire prevention districts. The most common type of special district is the independent school district. Texas has more than 1,000 Independent School Districts. Their function is to oversee public schools. Their goal is to ensure that all Texas students receive a quality education.

Local Government - Assessment Chapter 20, Section 5 Sources of funding for city government include (A)sales taxes, private donations, and bonds. (B)sales taxes and bonds. (C)property taxes, franchise taxes, and fees. (D)federal taxes, sales taxes, and fees. The most common type of special district is (A)the hospital district. (B)the independent school district. (C)the rural fire prevention district. (D)the transit authority district. Want to link to the Lone Star Internet activity for this chapter? Click here!

Local Government - Assessment Chapter 20, Section 5 Sources of funding for city government include (A)sales taxes, private donations, and bonds. (B)sales taxes and bonds. (C)property taxes, franchise taxes, and fees. (D)federal taxes, sales taxes, and fees. The most common type of special district is (A)the hospital district. (B)the independent school district. (C)the rural fire prevention district. (D)the transit authority district. Want to link to the Lone Star Internet activity for this chapter? Click here!