Texas Government: Policy and Politics, 11th Edition

Texas Government: Policy and Politics, 11th Edition
Neal Tannahill 2011, 2009, 2007 Pearson Education, Inc

Copyright @ 2011, 2009, 2007 Pearson Education, Inc
Executive Branch Executive Branch Chapter Topics The Governor The Executive Bureaucracy Administrative Oversight What We Have Learned 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Introduction Case Study Home Insurance - Texas homeowners pay more for home insurance than anyone else in the country. In 2006, the average Texas homeowner paid $1,409 in insurance premiums compared with a national average of $804. Texas Department of Insurance (TDI) - TDI, the state agency responsible for regulating the insurance industry in the state, has limited authority to control rates. Comment: The controversy over homeowner insurance regulation is an example of the policymaking role played by the executive branch of state government. State agencies, such as the TDI, play an important role in implementing policies adopted by the legislature and the governor. Insurance Regulation - The insurance industry and consumer groups disagree about the effectiveness of insurance regulation. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch The Governor Chief Executive Officer Governor - The governor is the chief executive officer of the state with important powers to influence the policymaking process. Qualifications and Background: An American citizen At least thirty years of age Resident of state for five years preceding election 2011, 2009, 2007 Pearson Education, Inc

Executive Branch The Governor Terms of Office Four Year Term Increased from two years by a constitutional amendment adopted in 1972. No limitations on the number of terms of service. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch The Governor Selection Elections Elections - Held in even-numbered years (e.g., 2010, 2014) not coinciding with the national presidential elections. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch The Governor Removal Removal - May be removed through a process of impeachment and removal by the legislature. Impeachment - The formal process through which the House accuses an executive or judicial branch official of misconduct serious enough to warrant removal from office. House - Votes to impeach the governor by majority vote. Senate - Conducts a trial and may vote to remove by a two- thirds margin. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch The Governor Staff Support Professional Staff - The governor has a full-time staff with a two-year office budget of $17 million, which includes the governor’s salary of $115,345. Size - Consists of 137 full-time professional staff members, who serve at the pleasure of the governor. Principal Staff Members - Includes chief of staff, general counsel, and a press secretary. Comment: The size of the governor’s staff has grown over the years because state government has become larger and more complex. 2011, 2009, 2007 Pearson Education, Inc

Powers and Responsibilities
Executive Branch Powers and Responsibilities Legislative Powers Legislative Powers - The Texas Constitution grants the governor authority to act in a broad range of policy areas, but most of the governor’s powers are coupled with limitations. Condition of the State - The governor delivers the State of the State address at the beginning of each legislative session on the condition of the state. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Legislative Powers Legislative Powers - The Texas Constitution grants the governor authority to act in a broad range of policy areas, but most of the governor’s powers are coupled with limitations. Veto Legislation - The Texas Constitution permits the governor to veto bills passed by the legislature. Override - The legislature can override the governor’s veto by a two-thirds vote of each chamber, voting separately. Line-Item Veto - Line-item veto is the authority to veto sections or items of an appropriation bill while signing the remainder of the bill into law. Veto - Veto is an action by the chief executive of a state or nation refusing to approve a measure passed by the legislature. Comment: Since Texas became a state, the legislature has successfully overridden only 52 out of more than 1,600 gubernatorial vetoes (not counting line item vetoes) for an override rate of 3 percent. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Since taking office in 2001, Governor Perry has issued 238 vetoes, more vetoes than any governor in the history of the state. Photo: Erich Schlegel/Dallas Morning News 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Legislative Powers Special Sessions – The Texas Constitution empowers the governor to convene the legislature in special sessions that may last no longer than 30 days. Comment: There is no limit on the number of special sessions a governor can call. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Appointive Powers Boards and Commissions – Responsible for staffing positions on more than 150 state administrative boards and commissions. Senate Confirmation – Appointees must be confirmed by a two- thirds vote of the Texas Senate. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Judicial Powers Judicial Powers – On the recommendation of the Board of Pardons and Paroles, may grant reprieves, commutations, and pardons. Reprieve – A reprieve is the postponement of the implementation of punishment for a criminal offense. Commutation – A commutation is the reduction of punishment for a criminal offense. Pardon – A pardon is the exemption from punishment for a criminal offense. Comment: The governor may appoint appellate and district judges to fill vacated posts until the next election. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Budgetary Powers Budget Proposal – Although the Texas Constitution requires the governor to submit budget proposals to the legislature, the Legislative Budget Board (LBB) is also required to prepare a budget. LBB - The budget submitted by the Legislative Budget Board (LBB) carries more weight than the one submitted by the governor. Comment: Most important power of the governor for influencing the budget is the line-item veto. Budget Execution Authority - With the concurrence of the LBB the governor enjoys budget execution authority, which is the power to cut spending or transfer money between agencies during the period when the legislature is not in session. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Law Enforcement and Military Powers Department of Public Safety – Appoints the three-member board that heads the Department of Public Safety. Texas Rangers - Empowered to assume command of the Texas Rangers when circumstances warrant. National Guard - Commander-in-chief of the Texas National Guard. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Ceremonial Powers Ceremonial Leader – As ceremonial leader of the state, the governor greets foreign leaders, speaks at local chamber of commerce luncheons, issues proclamations on state holidays, and shakes hands with visiting community groups. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Political Party Leadership Governor Ann Richards, who died in 2006, was a prominent figure in national Democratic Party Politics. Photo: Bettmann/Corbis Party Leader – Unofficial leader of his or her political party in the state. Comment: As the most visible elected official in a large state, the governor sometimes speaks out on partisan controversies and usually campaigns for their party candidates in state and national elections. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Powers and Responsibilities Administrative Powers Plural Executive – The Texas governor is probably weakest in the area of administrative powers because of the plural executive. Limited Control - The governor has few direct controls over the administration of state agencies and/or programs in important policy areas. Other Elected Executives - In Texas the governor shares executive power with the land commissioner, attorney general, comptroller, lieutenant governor, and commissioner of agriculture. Comment: The plural executive refers to division of executive power among several elected officials. Comments: Many of these officials, especially administrators serving in the most important agencies, are political allies of the governor and inclined to support the governor’s point of view on policy matters. Comments: By the end of one four-year term, a typical governor has appointed two-thirds of administrative officials. After six years in office, the governor has had the opportunity to staff the entire executive branch except for those agencies with elected administrators. Appointment Powers - Nonetheless, a determined governor, especially one who serves more than one term in office, can have an influence over state agencies by the exercise of their appointment powers. 2011, 2009, 2007 Pearson Education, Inc

Measuring Gubernatorial Powers
Executive Branch Measuring Gubernatorial Powers Official Powers Official Powers – The official (constitutional/legal) powers of the governor of Texas are among the weakest in the nation ranking in the bottom one-third of the 50 states based on an index created to measure official powers of state governors. 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. Informal Political Resources - The informal political resources of the governor thus include: Political Bargaining Skills Negotiating Skills Communicating Sills 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Measuring Gubernatorial Powers Informal Political Resources Governor Bush – The success of Governor Bush in dealing with the legislature is because he set limited goals for himself and communicated regularly with legislators. Relationship with Legislature - Governor Bush targeted policy areas high on the official policy agenda and worked closely with Speaker of the House Pete Laney and Lieutenant Governor Bullock to ensure passage of his programs. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Measuring Gubernatorial Powers Informal Political Resources Governor Perry – Governor Perry has been less skilled in dealing with the legislature than his predecessor and has not enjoyed a similar type of experience. Relationship with Legislature - Governor Perry has failed to establish personal relationships with individual legislators. Legislative Process - By and large Governor Perry has ignored the legislative process until bills reached his desk. Gubernatorial Veto - The governor has issued numerous vetoes which have angered legislators and lobbyists. 2011, 2009, 2007 Pearson Education, Inc

Governor of Texas and the Policymaking Process
Executive Branch Governor of Texas and the Policymaking Process Policymaking Policymaking Resources – The governor is well positioned to influence agenda setting, policy formulation, policy adoption, and policy legitimation. Policy Formulation and Adoption - The governor can be an effective lobbyist. Policy Implementation and Evaluation – The governor is weakest in the areas of policy implementation and evaluation. Agenda Setting - The governor can offer policy initiatives on any subject. Policy Formulation - The governor presents a budget to the legislature. Policy Legitimation - Governors have the visibility to sell the merits of a policy to the public after it has been adopted. Policy Adoption - The governor’s veto power, especially the item veto for appropriation measures, puts the governor in a powerful position to bargain on behalf of favored programs. 2011, 2009, 2007 Pearson Education, Inc

The Executive Bureaucracy
Executive Branch The Executive Bureaucracy Executive Bureaucracy Decentralized – The executive bureaucracy in Texas is decentralized. No one official is in charge of the entire executive structure. Jacksonian Democracy - It is a legacy of Jacksonian democracy and the post-reconstruction distrust of central authority designed to guard against excessive concentration of power in one person or department. Comment: Jacksonian democracy is the view associated with President Andrew Jackson that the right to vote should be extended to all adult male citizens and all government offices of any importance should be filled by election. 2011, 2009, 2007 Pearson Education, Inc

The Executive Bureaucracy
Executive Branch The Executive Bureaucracy Executive Bureaucracy Decentralized 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 2011, 2009, 2007 Pearson Education, Inc

Elected Executive Officials
Executive Branch Elected Executive Officials Lieutenant Governor Lieutenant Governor – First in 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). 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Executive Officials Attorney General Attorney General – State’s attorney that represents the state government and its various components in court. Legal Advice - Renders legal advice to the state, local officials, and agencies in the form of opinions. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Executive Officials Attorney General Abbott issued an opinion holding that cities can legally pass ordinances prohibiting registered sex offenders from living near schools, parks, or other locations where children typically congregate. Photo: Bob Daemmrich/The Image Works 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Executive Officials Comptroller of Public Accounts Comptroller of Public Accounts – The comptroller is the state’s 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. Comment: The certification is required before the appropriation bill becomes law unless the legislature votes by a four-fifths margin to adopt an unbalanced budget. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Executive Officials Commissioner of Agriculture Commissioner of Agriculture – Administers all statutes relating to agriculture. Enforces the state’s weights and measures laws. Agency administers the school lunch program, which is a federal program that provides free or reduced-cost lunches to children of poor families. 2011, 2009, 2007 Pearson Education, Inc

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

Executive Branch Appointed Executives Secretary of State Secretary of State – The state’s most significant appointed executive official. State’s chief election officer, responsible for the uniform application, implementation, and interpretation of election laws. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Executives Other Appointed Executives Others: Commissioner of Education - Head of the Texas Education Agency. Adjutant General - Head of the Texas National Guard. Commissioner of Insurance – Head of the Texas Department of Insurance. Many others ….. 2011, 2009, 2007 Pearson Education, Inc

Elected Boards and Commissions
Executive Branch Elected Boards and Commissions Railroad Commission Railroad Commission - A three member commission whose members are elected to serve six-year overlapping terms. Original Duties – Originally established to enforce state laws concerning railroads, but its duties have expanded to other areas. Comment: Ironically, no longer regulates railroads which are now under the jurisdiction of the Texas Department of Transportation. Current Duties – Regulates the Texas oil and natural gas industry, gas utilities, pipeline transporters, the surface mining of coal and uranium, and the liquefied petroleum (LP) gas industry. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Boards and Commissions The Railroad Commission regulates the Texas oil industry. Photo: Laurence Parent 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Elected Boards and Commissions State Board of Education State Board of Education (SBOE) - A board of fifteen members who are elected to serve four-year terms that are staggered among the members. Duties – The SBOE coordinates education activities and services below the college level. School Funding - Oversees the investment of the money in the Permanent School Fund (PSF). School Curricula - Approves curricula and selects textbooks for use in the state’s public schools. Comment: The PSF generates investment income known as the Available School Fund (ASF), distributed annually to Texas school districts on a per-student basis under laws passed by the legislature. 2011, 2009, 2007 Pearson Education, Inc

Appointed Boards and Commissions
Executive Branch Appointed Boards and Commissions Appointed Boards and Commissions Appointed Boards and Commissions - Appointed commissions comprise a substantial part of the executive branch. They constitute a wide array of unpaid individuals appointed to serve as board members of commissions (which may also be called a department, board, council, or authority) within the executive branch. Comment: These agencies perform a wide variety of functions and they are a challenge to classify; however, it is possible to group many by form or function. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Administrative Departments Administrative Departments - These are administrative units responsible for implementing policy and carrying out basic state functions. These include the Texas Department of Criminal Justice, Texas Department of Agriculture, Lottery Commission, Texas Department of Transportation, and others. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions College and University Boards College and University Boards - These units oversee the state’s public colleges and universities. University boards consist of nine members appointed by the governor, with Senate concurrence to serve overlapping six-year terms. They include the University of Texas Board of Regents and the Texas A&M Board of Regents. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Licensing Boards Licensing Boards - These boards are responsible for licensing and regulating various professions. Some of these include Funeral Service Commission, Board of Chiropractic Examiners, Advisory Board of Athletic Trainers, Polygraph Examiners Board, and others. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Barbers and barbershops are regulated by the Texas Department of Licensing and Regulation. Photo: Kim Ritzenthaler/Dallas Morning News 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Regulatory Boards Regulatory Boards - These state agencies regulate various areas of business and industry. They include the Public Utility Commission (PUC), the Texas Department of Insurance (TDI), and the Texas Alcoholic Beverage Commission (TABC), and others. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Social Service Agencies Social Service Agencies - Agencies created to facilitate the receipt of federal funds and to promote the interests of particular groups in society. These include the Governor’s Committee on People with Disabilities, Diabetes Council, and Cancer Prevention and Research Institute , and others. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Appointed Boards and Commissions Promotional and Preservation Agencies Promotional and Preservation Agencies - Agencies charged either with promoting economic development or preserving the state’s historical heritage. Some of them include the Texas Film Commission and the Texas Historical Commission. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch Privatization Privatization Privatization - Texas has become a leader in privatization, which is the process that involves the government contracting with private business to implement government programs. Comment: Today, the privatization of public services in Texas includes health care and social welfare services, plus the housing of the state’s prison inmates in private correction facilities. 2011, 2009, 2007 Pearson Education, Inc

Administrative Oversight
Executive Branch Administrative Oversight Legislative Oversight Administrative Oversight - State agencies operate with relatively little oversight from the legislature or the governor. Legislative Oversight – The legislature has ultimate control over most administrative agencies. Administrative Controls – The legislature has adopted a number of procedures to provide ongoing oversight and administrative control, including sunset review, committee oversight, and LBB supervision. Sunset Review - Sunset review is the periodic evaluation of state agencies by the legislature to determine whether they should be reauthorized. Committee Oversight - In addition to the sunset process, the legislature uses the committee system and the LBB to oversee the executive bureaucracy. 2011, 2009, 2007 Pearson Education, Inc

Administrative Oversight
In addition to the sunset process, the legislature uses the committee system and the LBB to oversee the executive bureaucracy. Executive Branch Administrative Oversight Gubernatorial Oversight Administrative Oversight - 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. 2011, 2009, 2007 Pearson Education, Inc

Executive Branch What We Have Learned What We Have Learned What the job description is 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. How the executive branch of Texas government is structured. How effective the tools available to the legislature and the governor are for overseeing the state’s administrative bureaucracy. 2011, 2009, 2007 Pearson Education, Inc

Texas Government: Policy and Politics, 11th Edition
Neal Tannahill Next 2011, 2009, 2007 Pearson Education, Inc

Texas Government: Policy and Politics, 11th Edition

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