2. Chapter 24 The Governor and Bureaucracy in Texas

3. Chapter Outline and Learning Objectives
LO 24.1: During the Republic, the executive branch had a structure similar to that of the national government. The president of the Republic was a strong executive who appointed other executive officials, much like the president of the United States appoints a Cabinet. In subsequent constitutions, the executive branch went through a series of modifications, and the unified executive of the Republic was replaced by a plural executive designed to minimize the power of any one office or individual.
LO 24.2: Explicit or implicit in the provisions of the constitution and legislation are roles assigned to the governor. These include chief of state, commander in chief, and chief budget officer. The governor’s legislative role is based, in part, on constitutional provisions pertaining to the call of special sessions, a governor’s message to the legislature, and the veto. When judicial vacancies occur, the governor is charged with filling the vacancies with the approval of the Senate, but the governor’s other judicial powers are severely limited. The plural executive and the independent agencies significantly limit the administrative role of the governor as well.
Roots of the Executive Branch in Texas
LO 24.1: Trace the historical development of the structure of the executive branch in Texas, and state the reasons for the creation of the plural executive.
The Constitutional Roles of the Governor
LO 24.2: List the constitutional roles of the governor.

4. Chapter Outline and Learning Objectives
LO 24.3: Historically, the Texas governor is one of the weakest in the nation. The framers of the 1876 Constitution intentionally. limited the powers of this office. The more restrictive two-year term has been expanded to four years, and the legislature has given the governor more appointive powers over non-constitutional agencies and some budgetary powers. But, core aspects of the budgetary process are shared with the legislature. The governor has no control over the administrative functions of the other constitutional agencies, and there is no personnel system under the control of the governor. Hence, the office remains weak today.
LO 24.4: The political and policy leadership that a governor is able to provide flows from the governor’s skills, previous experience, and similarity in party, philosophy, and ideology with other decision makers. At the base of that leadership is electoral skill. Texas’s governors resort to public opinion leadership to increase their power with other officeholders. Still, to be successful, a governor must succeed in pushing a program through the legislature and in killing unwanted legislative measures. To do so, a governor must use a grab bag of tools and must develop good personal or working relationships with key legislators. It is the adroit use of both formal and informal powers coupled with timing and political persuasion that produces an effective governor.
The Development of Gubernatorial Power
LO 24.3: Identify the major powers assigned to the governor, and analyze how governors have interpreted and developed these powers.
The Governor as Policy Maker and Political Leader
LO 24.4: Evaluate the effectiveness of Texas governors as policy makers and political leaders.

5. Chapter Outline and Learning Objectives
LO 24.5: Texas elects nine statewide executive officials—more than most states. These include governor, lieutenant governor, attorney general, comptroller of public accounts, land commissioner, agriculture commissioner, and three railroad commissioners, as well as fifteen education board members elected from districts. The responsibilities of the agencies headed by these individuals are extensive, and as state government has expanded, these agencies have expanded their roles in policy formation and administration.
LO 24.6: The Texas Legislature creates executive agencies to bring solutions to problems faced by Texas citizens. Upon close inspection of the activities of the personnel working in these agencies, it becomes clear that agencies are involved in every stage of the policy process. Agencies consult with the state legislature on the drafting of laws and creation of programs. They carry out the programs that are created, and they help the legislature evaluate the effectiveness of laws and programs affecting the agencies.
The Plural Executive in Texas
LO 24.5: Outline the functions of the other elected administrative agencies within the plural executive, and evaluate their policy and administrative effectiveness.
Modern Texas Bureaucracy
LO 24.6: Determine the role of the modern Texas bureaucracy in the formation, implementation, and evaluation of public policy. 5

6. Chapter Outline and Learning Objectives
LO 24.7: It takes thousands of people to implement or administer programs that have been enacted by the Texas Legislature, and the number of state employees has steadily increased over the past five decades as the state’s population has increased, along with public demands for increased services. Questions about the performance of state agencies and individual employees are inevitable, and it primarily is the responsibility of the legislature to control the bureaucracy. This process is called legislative oversight, and the resources used by the legislature to carry out this responsibility include control of expenditures, review of rules and regulations, performance reviews, audits, sunset review, and review of staff sizes and functions. While there has been some reorganization of state agencies and a modest expansion of gubernatorial appointment powers, it will take a major rewrite of the executive article of the constitution to significantly expand the powers of the governor and address complaints about the plural executive.
Toward Reform: Making Agencies Accountable
LO 24.7: Explain how the legislature holds state agencies and public employees accountable, and evaluate proposals to reform the Texas executive branch. 6

7. Later constitutions limit power  plural executive. Terms of office
Roots of the Executive Branch in Texas LO 24.1: Trace the historical development of the structure of the executive branch in Texas, and state the reasons for the creation of the plural executive.
Photo caption: Was this a random act of criminal behavior or a political statement?
The 154-year-old governor’s mansion, located across from the Capitol building in Austin, was torched by an arsonist on June 8, The mansion, under renovation and unoccupied at the time, suffered extensive damage. Subsequently, it has undergone restoration and expansion.
1st governor: elected for a 2 year term, appointed most major state officials.
Later constitutions limit power  plural executive.
Terms of office
Length/# of terms: 4 yrs, no limit
Salary: Legislatures set.
Impeachment: Ferguson
Succession: Lt Governor
To Learning Objectives

8. What is the length and number of terms a Texas governor can serve?
LO 24.1
What is the length and number of terms a Texas governor can serve?
2 years, 4 terms
2 years, no limit
4 years, 1 term
4 years, 2 terms
4 years, no limit
To Learning Objectives

9. What is the length and number of terms a Texas governor can serve?
LO 24.1
What is the length and number of terms a Texas governor can serve?
2 years, 4 terms
2 years, no limit
4 years, 1 term
4 years, 2 terms
4 years, no limit
To Learning Objectives 9

10. Other roles alluded to in Constitution
The Constitutional Roles of Governor LO 24.2: List the constitutional roles of the governor.
Constitutional Roles
Chief of state
Chief executive officer
Commander in chief
Other roles alluded to in Constitution
Chief budget officer
Judicial vacancy appointments
Pardons, paroles, and clemency
Legislative powers
Special sessions
Set agenda
Governor’s message
Veto and threat of veto
To Learning Objectives

11. LO 24.2
All of the following are legislative powers bestowed to the Texas governor EXCEPT
The power to call special sessions
The power to set the agenda of special sessions
The power to address the legislature
The power to introduce bills in both chambers
The power to veto bills
To Learning Objectives

12. LO 24.2
All of the following are legislative powers bestowed to the Texas governor EXCEPT
The power to call special sessions
The power to set the agenda of special sessions
The power to address the legislature
The power to introduce bills in both chambers
The power to veto bills
To Learning Objectives 12

13. 41 states have cabinet system. TX does not.
The Development of Gubernatorial Power LO 24.3: Identify the major powers assigned to the governor, and analyze how governors have interpreted and developed these powers.
Schlesinger: strong governorships typical in large, urbanized, wealthy, nonsouthern states, with strong party competition
Texas restricted governor powers in reaction to strong government during Reconstruction.
41 states have cabinet system. TX does not.
TX governor strengthened recently by
more high-level appointments
removal powers,
and limited budget execution authority.
To Learning Objectives

14. The Governor’s Power to Appoint Executive Officials
LO 24.3
The Governor’s Power to Appoint Executive Officials
Restrictions on appointive powers
Custom and balance of power determine which appointments require confirmation by the Texas Senate.
Confirmation by 2/3 of the Senate
Senatorial courtesy
Governors tend to appoint people who
look like themselves and their allies.
make campaign contributions.
To Learning Objectives 14

15. The Power of Staff and Budget
LO 24.3
The Power of Staff and Budget
Staff has grown from 2 or 3 to about 200.
Governor’s appropriations ~ $100 million
Usually Governor’s Office budget $10 million itself
Remainder is for discretionary funds, programs supported by trust funds, and suboffices, e.g.:
governor’s mansion
music and film industry marketing
information on disability policies
women’s groups
criminal justice
workforce issues.
To Learning Objectives 15

16. LO 24.3
Texas limited the governor’s powers in reaction to the strong governor established during
Reconstruction.
the war of independence from Mexico.
the Spanish-American War.
the Civil War.
the Progressive Era.
To Learning Objectives

17. LO 24.3
Texas limited the governor’s powers in reaction to the strong governor established during
Reconstruction.
the war of independence from Mexico.
the Spanish-American War.
the Civil War.
the Progressive Era.
To Learning Objectives 17

18. Relationship with the Legislature
The Governor as Policy Maker and Political Leader LO 24.4: Evaluate the effectiveness of Texas governors as policy makers and political leaders.
Photo caption: Is this what they call “arm twisting”?
Governor Rick Perry, as did most of his predecessors, visits with House members to advance his legislative proposals.
Public Opinion
TV and news conferences
Relationship with the Legislature
Direct appeals to voters
Pressure from citizen groups and lobbyists
Meetings with legislators, floor leaders, and staff
Executive Orders
Emergency management
Controversial: HPV vaccination
To Learning Objectives

19. LO 24.4
Executive orders pertaining to _______ have the strongest legal footing.
emergency management
education
social welfare
roads and infrastructure
the legislative process
To Learning Objectives

20. LO 24.4
Executive orders pertaining to _______ have the strongest legal footing.
emergency management
education
social welfare
roads and infrastructure
the legislative process
To Learning Objectives 20

21. Many independently elected offices within the plural executive.
The Plural Executive in Texas LO 24.5: Outline the functions of the other elected administrative agencies within the plural executive, and evaluate their policy and administrative effectiveness.
Photo caption: Why is the State Board of Education ridiculed by some people?
The State Board of Education, whose fifteen members (one of whom is shown here) are elected from districts, has been the stage of intense ideological conflict. In 2010, the board’s decisions in rewriting the state’s history curriculum brought anger and ridicule from across the nation.
Many independently elected offices within the plural executive.
Attorney General
Comptroller of Public Accounts
Land Commissioner
Agriculture Commissioner
Railroad Commissioners
State Board of Education
To Learning Objectives 21

22. Which officer is responsible for managing the state’s money?
LO 24.4
Which officer is responsible for managing the state’s money?
Governor
Attorney General
Comptroller of Public Accounts
Land Commissioner
Railroad Commissioner
To Learning Objectives 22

23. Which officer is responsible for managing the state’s money?
LO 24.4
Which officer is responsible for managing the state’s money?
Governor
Attorney General
Comptroller of Public Accounts
Land Commissioner
Railroad Commissioner
To Learning Objectives 23

24. Modern Texas Bureaucracy LO 24
Modern Texas Bureaucracy LO 24.6: Determine the role of the modern Texas bureaucracy in the formation, implementation, and evaluation of public policy.
Two types of agencies
Headed by director: 8 appointed; 5 elected
Commission: ~ 100 part-time, unpaid; 5 full-time
Agencies
Secretary of State
Public Utility Commissioners
Texas Commission on Environmental Quality
Insurance Commissioner
Health and Human Services Commission
Public Counsels
Board and Commissions
To Learning Objectives 24

25. LO 24.4
Officials appointed by the governor to represent the public before regulatory agencies are called
public counsels.
captured agencies.
secretaries of state.
commissioners.
quasi-judicial agencies.
To Learning Objectives 25

26. LO 24.4
Officials appointed by the governor to represent the public before regulatory agencies are called
public counsels.
captured agencies.
secretaries of state.
commissioners.
quasi-judicial agencies.
To Learning Objectives 26

27. Growth of public employment Regulating the revolving door
Toward Reform: Making Agencies Accountable LO 24.7: Explain how the legislature holds state agencies and public employees accountable, and evaluate proposals to reform the Texas Executive Branch.
The Sunset process
Makes recommendations to abolish agencies outright; transfer function to another agency; restructure agency.
Growth of public employment
Regulating the revolving door
Regulating the relationship between agencies and private interests
Iron triangle
The Gubernatorial and Executive Power
Vetoes
To Learning Objectives 27

28. LO 24.4
An exchange of personnel between private interests and public regulators is known as a(n)
an iron triangle.
a captured agency.
clemency.
a revolving door.
senatorial courtesy.
To Learning Objectives 28

29. LO 24.4
An exchange of personnel between private interests and public regulators is known as a(n)
an iron triangle.
a captured agency.
clemency.
a revolving door.
senatorial courtesy.
To Learning Objectives 29

30. Figure 24.1: What is the structure of the Texas executive branch?
1. Defined by the constitution or statutory law, the heads of these agencies are elected independently of the governor.
2. The Offices of the Governor are created under statutory authority and serve to assist the governor in policy development, budgeting and planning, and coordination of policy among agencies and governments. Some 200 persons serve in these offices and are appointed by the governor.
3. With the exception of the Secretary of State which is authorized under the Texas Constitution, these administrative positions were created under statutory law giving the appointment authority to the governor.
4. Some two hundred state agencies, including universities, are assigned by statutory law the responsibilities for the administration of public policy in these areas. The members of the governing bodies are appointed by the governor with the approval of the legislature. In turn, the agency executives are appointed by the governing boards.
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31. Table 24.2: What gender, racial, or ethnic patterns can you discern in appointments made by recent Texas governors?
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32. Figure 24.2: What variations exist within the administrative structures of Texas agencies?
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33. Table 24.3: How has the number of people employed by the Texas bureaucracy changed since 1972?
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