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1) The job description for the governor of Texas, including formal qualifications, length of term, impeachment and removal, compensation, staff assistance, powers and responsibilities, strength of office, and role in the policymaking process 2) How the executive branch of Texas government is structured 3) The tools available to the legislature and the governor for overseeing the state’s administrative bureaucracy, and how affective they are 2011, 2009, 2007 Pearson Education, Inc

Hydraulic Fracturing (aka Fracking) Texas has significant shale formations containing millions of barrels of oil and huge quantities of natural gas. Fracking allows oil companies to extract the shale oil and gas. The responsibility to issue fracking regulations to protect water supplies falls primarily on the states. 2011, 2009, 2007 Pearson Education, Inc Case Study 2011: The legislature passed, and Governor Perry signed, legislation that requires oil companies to disclose chemicals used in fracking.

Qualifications and Background American citizen Resident of Texas for five years preceding election At least 30 years of age 2011, 2009, 2007 Pearson Education, Inc The Governor Every governor has been a white Anglo-Saxon Protestant. Only two (Miriam Ferguson and Ann Richards) were women. Most have been well-to-do middle-aged lawyers or business executives with prior experience in public affairs. Have also had fairly common, easy-to-pronounce names, such as Perry, Bush, Richards, White, Clements, Briscoe, Smith, and Connally.

Term of Office, Selection, and Removal Four-year terms – Increased from two years by a constitutional amendment adopted in 1972 No term limits 2011, 2009, 2007 Pearson Education, Inc The Governor Impeachment – The formal process through which the Texas House accuses an executive or judicial official of misconduct serious enough to warrant removal The House votes to impeach by majority vote. The Senate then conducts a trial and may vote to remove by a two-thirds margin.

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Staff Support Full-time professional staff: 137 people Two-year office budget of $17 million, including the governor’s salary of $150,000 Staff for programs assigned to the governor’s office: 136 full-time staff members Two-year budget of more than $500 million. 2011, 2009, 2007 Pearson Education, Inc The Governor

Powers and Responsibilities – Legislative Powers State of the State Address Declaring Emergency Measures, e.g., sanctuary- cities legislation Veto Power: Ten days to act unless the legislature adjourns during that time 20 days from adjournment to issue a veto Line-item veto – authority to veto sections or items of an appropriations bill while signing the remainder into law Calling Special Sessions 2011, 2009, 2007 Pearson Education, Inc The Governor

Powers and Responsibilities – Appointive Powers Appoints over150 state administrative board and commission positions Fills vacancies in numerous elected positions About 3,000 appointments during a four-year term 2011, 2009, 2007 Pearson Education, Inc The Governor Appointees must be confirmed by a two-thirds vote of the Texas Senate. Senatorial courtesy – Custom that allows individual senators a veto over nominees who live in their districts

Powers and Responsibilities – Judicial Powers On the recommendation of the Board of Pardons and Paroles, the governor may grant reprieves, commutations, and pardons. Reprieve – Postponement of punishment Commutation – Reduction of punishment Pardon – Exemption from punishment 2011, 2009, 2007 Pearson Education, Inc The Governor Appoints a new judge when appellate and district judges die, retire, or resign during the middle of a term 2011: 52 percent of the state’s appellate judges and 37 percent of district judges had initially taken office through gubernatorial appointment.

Powers and Responsibilities – Budgetary Powers Required to submit budget proposals to the legislature, but the Legislative Budget Board (LBB) prepares a budget as well, and it generally carries more weight Legislative Budget Board (LBB) – Studies state revenue and budgetary needs between legislative sessions Prepares budget and appropriation bills to submit to the legislature 2011, 2009, 2007 Pearson Education, Inc The Governor Budget execution authority – Power to cut agency spending or transfer money between agencies during the period when the legislature is not in session – governor or the LBB

Powers and Responsibilities – Law Enforcement and Military Powers Appoints the three-member board that heads the Department of Public Safety and is empowered to assume command of the Texas Rangers should circumstances warrant 2011, 2009, 2007 Pearson Education, Inc The Governor Commander in chief of the Texas National Guard, which the governor can call out to assist in situations beyond the control of local law enforcement agencies, such as a natural disaster or civil disorder

Powers and Responsibilities – Ceremonial Powers Greets foreign leaders, speaks at local chamber-of-commerce luncheons, issues proclamations on state holidays, and shakes hands with visiting scout troops 2011, 2009, 2007 Pearson Education, Inc The Governor An opportunity to showcase leadership, which can be helpful for a governor attempting to influence the policy process Powers and Responsibilities – Political Party Leadership Unofficial leader of his or her political party in the state Sometimes speaks out on partisan controversies and usually campaigns for the party’s candidates in state and national elections

Powers and Responsibilities – Administrative Powers Weakest in the area of administration because of the Plural Executive – division of executive power among several elected officials Land commissioner, attorney general, comptroller, lieutenant governor, and commissioner of agriculture are elected and answer to the voters not the governor. 2011, 2009, 2007 Pearson Education, Inc The Governor By the end of one four-year term, a typical governor has appointed two-thirds of the administrative officials. After six years, the governor has had the opportunity to staff the entire executive branch except for those agencies with elected administrators.

Official powers – Constitutional/legal powers of the governor are among the weakest in the nation. Unofficial Powers – A number of political scientists believe that the unofficial and informal powers are at least as important as the constitutional/legal authority of the governor. 2011, 2009, 2007 Pearson Education, Inc Measuring Gubernatorial Power Informal Political Resources – Political bargaining skills Negotiating skills Communicating skills

Decentralized: The executive bureaucracy in Texas is decentralized. No one official is in charge of the entire executive structure. 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy The executive bureaucracy includes more than 150 boards, agencies, offices, departments, committees, councils, and commissions: Elected executives Appointed executives Elected boards and commissions Appointed boards and commissions

Elected Executives – Lieutenant Governor 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy First in the line of succession to the governor’s office Texas Senate – The lieutenant governor’s foremost powers lie in the Senate as the presiding office. Member Boards and Councils – Serves as a member of several boards and councils, including the Legislative Budget Board (LBB) and the Legislative Redistricting Board (LRB)

Elected Executives – Attorney General 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy The state’s lawyer, representing state government and its various components in court Attorney general’s opinion – a written interpretation of existing law Response to a written request from certain state officials who are authorized by law to ask for an opinion

Elected Executives – Comptroller of Public Accounts 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy Comptroller of Public Accounts – Chief tax administrator and accountant Collects taxes on behalf of the state Responsible for safekeeping of state’s revenue Estimates state revenues for the next biennium at the beginning of each legislative session and certifies that the state’s appropriation bill falls within the revenue estimate Certification is required unless the legislature votes by a four-fifths margin to adopt an unbalanced budget.

Elected Executives – Commissioner of Agriculture 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy Administers all statutes relating to agriculture and enforces the state’s weights and measures law Inspects and regulates a variety of items, including seeds, gasoline pumps, meat market scales, flower and plant nurseries, and pesticides use Promotes the sale of Texas agricultural products Administers the School Lunch Program – a federal program that provides free or reduced-cost lunches to children from poor families

Elected Executives – Commissioner of the General Land Office 2011, 2009, 2007 Pearson Education, Inc The Executive Bureaucracy Manages the state’s public land by leasing it for mineral exploration and production and for agricultural purposes Manages the Veteran’s Land Program – provides low- interest loans to the state’s military veterans to buy land Manages the Texas Open Beaches Act – designed to ensure public access to the state’s beaches

Secretary of State 2011, 2009, 2007 Pearson Education, Inc Appointed Executives The most significant appointed official The state’s chief election officer Serves as a depository of various agreements, reports, and records of state agencies Other Appointed Executives The governor also appoints other agency heads – Commissioner of Education Heads the Texas Education Agency (TEA) Adjutant General Heads the Texas National Guard Commissioner of Insurance

Railroad Commission 2011, 2009, 2007 Pearson Education, Inc Elected Boards and Commissions Three members elected for six-year overlapping terms Original Duties – Enforcing state laws concerning railroads, but its duties have expanded to other areas Current Duties – Regulates the oil and natural gas industry, gas utilities, pipeline transporters, surface mining of coal and uranium, and liquefied petroleum (LP) gas State Board of Education Fifteen members elected to serve four-year terms that are staggered among the members School Funding – Oversees the investment of the money in the Permanent School Fund (PSF) – generates investment income – Available School Fund (ASF) School Curricula – Approves curricula and selects textbooks for use in the state’s public schools

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Administrative Departments 2011, 2009, 2007 Pearson Education, Inc Appointed Boards and Commissions Administrative units responsible for implementing policy and carrying out basic state functions include: The Texas Department of Criminal Justice Texas Department of Agriculture Lottery Commission Texas Department of Transportation, etc. College and University Boards Oversee the state’s public colleges and universities Nine members appointed by the governor, with Senate concurrence to serve overlapping six-year terms Include the University of Texas Board of Regents and the Texas A&M Board of Regents

Licensing Boards 2011, 2009, 2007 Pearson Education, Inc Appointed Boards and Commissions Responsible for licensing and regulating various professions Funeral Service Commission Board of Chiropractic Examiners Advisory Board of Athletic Trainers Polygraph Examiners Board, etc. Regulatory Boards Regulate various areas of business and industry The Public Utility Commission (PUC) The Texas Department of Insurance (TDI) The Texas Alcoholic Beverage Commission (TABC), etc.

Social Service Agencies 2011, 2009, 2007 Pearson Education, Inc Appointed Boards and Commissions Created to facilitate the receipt of federal funds and to promote the interests of particular groups in society The Governor’s Committee on People with Disabilities Diabetes Council Cancer Prevention and Research Institute, etc. Promotional and Preservation Agencies Charged either with promoting economic development or preserving the state’s historical heritage The Texas Film Commission The Texas Historical Commission

The government contracting with private business to implement government programs 2011, 2009, 2007 Pearson Education, Inc Privatization Texas has become a leader in privatization of public services. Healthcare and social welfare services Housing of the state’s prison inmates in private correction facilities

Legislative Oversight 2011, 2009, 2007 Pearson Education, Inc Administrative Oversight The legislature has adopted a number of procedures to provide ongoing oversight and administrative control – Sunset review Committee oversight LBB supervision State agencies operate with relatively little oversight from the legislature or the governor. Gubernatorial Oversight The legal/constitutional powers of the governor for influencing administrative policymaking are relatively weak, but the line-item veto and threat of veto can be effective weapons at times. Over time, a governor can influence the administrative bureaucracy through the appointment process. Governor Perry has enjoyed considerable influence because he has been in office long enough to fill every appointed position in the state.