1. Texas Government (Part 1: Chapter 27)
Essential Questions
To what extent is the government of Texas a “mirror image” of the US government (including the Bill of Rights)
Do the Texas and US Constitutions successfully keep power in the hands of the people?
Are three branches of government better at governing than one?
How do political parties shape Texas?
Does Texas government help Texas?
Is or was the Texas Constitution an effective instrument of government for Texas?

2. Summary Constitutions
The US and each individual state has a Constitution
The Constitutions explains what a government must do, what it may do, and what it cannot do
In US, the national constitution specifies powers of the federal government and leaves all other powers to states or to the people
Each state has a constitution that states how each state government has to be run
But, each state must follow the rules of the Constitution of the US

3. Texas Constitution of 1836 1st Texas Constitution (Republic of Texas)
Important Features
Called for a Bicameral legislature
Bicameral Legislature: 2 legislative parts—senate and house of representatives
Many parts of this constitution are still in place today
Laws about personal property, land ownership, water rights, and community property
Community Property: property that is shared by a married couple

4. Texas Constitution of 1836, con’t
Constitution created 3 branches of state government
Branches
Legislative: Makes the laws
House of Representatives/Senate
Executive: Enforces the laws
Governor, Executive Officers, Agencies
Judicial: Interprets the laws
Court System
Each branch had separate responsibilities…called Separation of Powers

5. Constitutions of 1845, 1861, 1866, 1869 Texas joined US in 1845
Texans had to write own constitution (1845)
Provisions
Property rights for women
Permanent school fund
Protected homesteads…couldn’t be taken away to pay debts
Homestead: a person’s primary residence
Texans had to abide by rules in US Constitution…based on Federalism
Federalism: system in which federal government shares power with state governments

6. Constitution of 1876
After Civil War was over and Texas was back in the US, they had to write another constitution
They wrote the Constitution of 1876
Constitution that is still used today

7. Texas Constitutions 2 constitutions control the government of Texas
US Constitution (federalism—US Government shares power with state government
Texas Constitution
highest law of Texas
Subject only to US Constitution and federal laws

8. The US Constitution A very progressive document:
placed limits on government and guaranteed freedoms for people
Why is that important and different than other countries?
Has 3 branches of government
Leaves all powers that are not assigned to US government to states
Good or bad to do this?

9. Texas Constitution of 1876 Philosophy
“best government is the least government”
Texas constitution limits the power of the state legislature and the power of the governor

10. Limited Legislative Sessions
Texas legislature can only meet for one session of 140 days every two years
Problem in a large state…things have to wait to next legislative session to change laws, solve problems, etc
Special sessions can be called…only governor can do this
Good part: law makers are limited on how many laws they can pass

11. Election of State Officers
Difference between US and Texas Constitution
US President can appoint members of his cabinet, judges, etc
In Texas, all positions are elected …except that governor can appoint people to finish complete an unfinished term…with approval

12. Government Expenses
Texas Constitution requires a Balanced Budget (government can’t spend more than it takes in…taxes, etc)
Balanced Budget: plan for spending where expenses equal income
Budgets must last for 2 years
Called a biennial budget
State budget is submitted by governor and then sent to a budget committee (governor loses much say-so)
Budgets must be approved by state legislature

13. Government Expenses, con’t
US Constitution
President submits budget…either gets passed or president can veto budget…but they really need to agree
US does not have to operate on a balanced budget
US government can borrow money to pay for programs if not enough tax money comes in
The debt is known as a Deficit
Deficit: when expenses are more than the amount of money that comes in
Texas government cannot borrow money—no deficit

14. The Bill of Rights Bill of Rights
Bill of Rights: part of US and Texas constitutions that establish individual rights of freedom, press, speech, religion, assembly, etc
1st 10 Amendments to US Constitution
Original US Constitution did not include a bill of rights
States can include some rights not included in US Constitution
US Constitution: some rights are implied and not specifically stated…hard for Supreme Court to make decisions about

15. Texas Bill of Rights
Texas Bill of Rights is more detailed and specific than US Bill of Rights
Texas Bill of Rights is Article 1 of the Texas Constitution
Very specific wording in Texas Bill of Rights
Because of specific wording, Texas constitution has had to be changed many times
See page 572

16. A Question of Equal Rights
US Constitution
Original Bill of Rights does not guarantee equal rights for all people
Had to add amendments like 13, 14, 15, 19th
Now lawmakers make sure everyone has equal rights
Texas Constitution
Originally was same as US but now constitution states: “Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin”

17. Changing the Constitution
US Constitution
Amended (changed) only 27 times in over 200 years…uses very general language
Texas Constitution
Uses more specific language
Has been amended more than 400 times since 1876
To change (amend) Texas Constitution
Proposal for change must be sent to state legislature
Both Texas House of Representatives and Senate must approve the amendment by 2/3 majority
Texas voters must approve the new amendment in an election
Very costly, time consuming, and sometimes confusing

18. Changing the Constitution, con’t
Why was Texas Constitution written this way?
Writers wanted the Texas people to decide how the Texas government should run
This is known as Popular Sovereignty
Popular Sovereignty: rule by the people

19. Texas Government (Part 2 Chapter 28)
Essential Questions
To what extent is the government of Texas a “mirror image” of the US government (including the Bill of Rights)
Do the Texas and US Constitutions successfully keep power in the hands of the people?
Are three branches of government better at governing than one?
How do political parties shape Texas?
Does Texas government help Texas?
Is or was the Texas Constitution an effective instrument of government for Texas?

20. Role of Government Texas government has 3 branches
Legislative: makes the laws
Executive: carries out and enforces the laws
Judicial: interprets the laws
Handles cases involving
Civil Law: set of laws that deal with disputes between citizens
Criminal Law: set of laws that deal with criminal acts and the punishment
They work together for the citizens of Texas

21. The Legislative Branch
2 Houses (Bicameral)
Texas Senate: 31 senators
Texas House of Representatives: 150 members of house
Who are our district representatives—Senate and House of Representatives? Will be on test!
Voting Districts
Representation for the people
Readjusted every 10 years for population changes
Called Redistricting: the process of adjusting legislative districts every 10 years to account for population changes
Based on population
Senate areas are larger
House of Representatives are smaller

22. The Legislative Branch, con’t
Legislature
meets every 2 years for 140 days between January-end of May
Governor may call a special session
Between sessions, legislators work normal jobs…attorneys, etc
Lieutenant Governor is head of Senate
Speaker of the House is head of House of Representatives

23. The Executive Branch Governor Lieutenant Governor
Texas governor is chief executive of state
Elected to a 4-year term
Can be re-elected for a second consecutive term
Consecutive Term: following immediately after
Lieutenant Governor
2nd in command
Serves when Governor is absent or can’t perform job

24. The Executive Branch, con’t
Directed by a chief who is appointed by governor and serves under governor
Secretary of State
Labor Commissioner
Office of Federal-State Relations
Headed by elected officials
Attorney General
State Comptroller
Members of Railroad Commission
Agencies
Boards and Commissions: some are appointed by governor & approved by Senate
More than 100 in state
Set policies for colleges, state hospitals, prisons, use of natural resources, etc

25. The Judicial Branch Court System Texas Judges are elected by people
Supreme Court: every 6 years
District, lower court, and Justices of the Peace: every 4 years
Municipal Court Judges: often appointed by city councils
Municipal: city or other local government

26. The Judicial Branch, con’t
Order of Court Systems
Municipal Courts and Justices of the Peace
Deal with minor criminal and civil cases…traffic violations, juvenile cases, and misdemeanor criminal cases
Misdemeanor: unlawful act that does not do significant harm and has less sever punishment than felonies
Justice of the Peace
Justice of the Peace: local government official who tries minor cases and performs civil marriages

27. The Judicial Branch, con’t
Order of Court System, con’t
County Courts: handle appeals from lower courts and hear major misdemeanor and civil cases; wills
Appeal: a request to have a case heard again before a higher court or judge
3. District Courts: try most felony cases; handle
divorces, election appeals, etc
Felony: a crime more serious than a misdemeanor
4. Courts of Appeal
5. Texas Supreme Court

28. The State Budget 1st source of money to state comes from taxes (50%)
Largest tax is sales tax
2nd source of money: federal funds
Money for highways, money to help poor, et
3rd source of money: fees charged for licenses, income from state lottery, etc

29. The 254 Counties of Texas
Counties created when Texas was a rural state
County governments collect state taxes, handle law enforcement, etc
Texas has 254 counties…most in the country

30. County Commissioners Every county is divided into precincts
Precinct: a small district formed to handle specific government duties such as voting
Each precinct has a county commissioner
Sets tax rate for county and decides on budget
County responsibilities
Maintain jails, maintain rural roads, manage voter registration, handle juvenile/adult probation, etc

31. Other County Officials
Sheriff: top law officer in county
He/she hires deputies; runs county jail
County Attorney
Represents county in misdemeanor cases
County Tax Assessor-Collector
Collects money from property, etc
Counties get most of money from property taxes
County Treasurer
County Clerk
Keeps records of births, deaths, marriages, and is in charge of voter registration
County Auditor
Makes sure all money transactions are legal and fair
Auditor: a person who examines accounts
County Constable
In charge of serving subpoenas
Law officer
Constable: a public officer usually responsible for keeping the peace and for minor court duties such as serving subpoenas

32. Special Districts There are more than 2300 special districts in Texas
Work to fill gap between county/city governments
Have a specific purpose
Provide water/sewer for rural areas
Provide hospital services
Help with flood control
Governed by boards that are appointed or elected

33. School Districts
School districts were formed to keep education from becoming too political and to keep them from being ruled by city and county government
More than 1050 school districts in Texas
School district is run by a board of elected trustees
Trustee: person responsible for the property or affairs of another person or institution
Duties of the trustees: choose superintendent, hire/fire teachers, set school tax rate, buy property, work with state government…such as funding

34. City Governments 80% of Texans live in cities
When people of a community want to become a city, they can apply to state to be incorporated
Incorporated: to form into a legal body
Then they can elect a mayor, etc and make own laws

35. What Cities Do Cites offer services Help with economic development
Police, fire, medical, sewer, water, etc
Help with economic development
Encourage new businesses
Inspect restaurants, grocery stores for health safety
Offer special services
Libraries, parks, homeless shelters, etc
Make zoning rules
Zoning: limiting the possible uses for each piece of property in a city
Determines what type of buildings can be in different parts of a city

36. Types of City Government
Texas Constitution lets cities choose own style of government with a few exceptions
Home-Rule Cities
Home-Rule City: city of more than 5000 people that has the right to self-govern
More than 5000 people
Can choose own style of government as long as it doesn’t go against state constitution

37. Types of City Government, con’t
2. General-Law Cities
General-Law City: city of less than 5000
people that must obey laws set by state legislature
Less than 5000 people
Texas Constitution is very specific about what they can and cannot do

38. Types of City Government, con’t
3 forms of city government
1. Mayor-Council
Citizens elect mayor and city council
Some mayor-council governments have a Strong Mayor: has full executive authority
Can control most things without approval
Some mayor-council governments have a Weak Mayor: mayor has limited authority; city council is in charge
City council has most control; not mayor
Most cities in Texas use this

39. Types of City Government, con’t
3 types, con’t
2. Council-Manager
City council selects city manage to be in charge of policies, laws, overseeing department heads (police, fire, etc)
Mayor has very little power
3. Commission
Each city council member has own department to be in charge of

40. Funding City Government
Most money to cities comes from property and sales tax
Some money comes from fees