1. Chapter 8 The Texas Executive Branch

2. The Texas Executive Branch

3. The Governor Texas governor position is weak by design –1876 Constitution (currently in place) reaction to overly powerful governor during Reconstruction Governor is one member of plural executive –Multiple elected offices independent of governor Unique to Texas, most state governors appoint and remove these executive positions (that Texans elect) –Important functions outside governor’s authority Budget most notably

4. The Governor To be successful, the governor must: –Use appointments well –Willing to veto, but also to negotiate Win support for policy agenda from legislators, interest groups, and other vested parties –Convince public to adopt vision for state –Since governors have limited power, it becomes more important to be popular among voters.

5. The Governor Formal powers of Texas governor –Call special sessions of the legislature –Pardon criminals –Permit fugitives to be extradited –Appoint state board and commission members –Veto acts of the legislature –Give the State of the State address –Declare martial law

6. The Governor Informal powers of Texas governor –Biggest power is the power to persuade –Address the legislature –Set the agenda for state government Cooperation/influence with legislature, agencies, boards/commissions –Media covers governor statements and politics –By far, the most visible state government official

7. The Governor Formal requirements to run –Thirty years of age –U.S. citizen –Resided in Texas for the prior five years Informal requirements (viable candidates) –Strong name recognition –Prior elected experience –Successful at fund-raising for campaign and party –Support from national party

8. Governors of Texas and Their Terms of Office since 1874

9. Campaigns Campaigns usually start election year January Party primaries held in March General elections in November –Follow the national calendar Currently, GOP primaries more consequential than general election for statewide offices Candidates must fund-raise and make the rounds before then.

10. Campaigns State size makes governor campaigns expensive for two reasons: Travel distances to fund-raising and events –Rallies, editorial board meetings, debates Travel costs add up (air, gas, cars, hotel, meals, mobile tech) 20 different advertising media markets –Television and radio ads run by geographic region Even in online ad era, most money is spent on TV ads

11. Campaigns: Texas Media Markets 1. Abilene-Sweetwater 2. Amarillo 3. Austin 4. Beaumont-Port Arthur 5. Corpus Christi 6. Dallas–Fort Worth 7. El Paso 8. Houston 9. Laredo 10. Lubbock 11. Odessa-Midland 12. Rio Grande Valley 13. San Angelo 14. San Antonio 15. Sherman-Ada 16. Shreveport 17. Tyler-Longview 18. Victoria 19. Waco-Temple-Bryan 20. Wichita Falls & Lawton

12. WHO ARE TEXANS? Margin of victory 2010 Election Results, by County SOURCE: Texas Secretary of State Rick Perry (R) Bill White (D) Dallas 20 – 29% 10 – 19% 0.1 – 9% 10 – 19% 20 – 29% > 30% San Antonio Austin Houston Fort Worth > 30%

13. WHO ARE TEXANS? Vote Share SOURCE: Texas Secretary of State Urban Suburban Rural & Small City 46% 62% 63% 52% 35% 34% = Rick Perry = Bill White

14. Governor Impeachment Process State constitution does not specify reasons for impeachment Majority of Texas House must vote to impeach Trial held by state Senate Texas Supreme Court chief justice presides Two-thirds of state senators present must vote to convict

15. Succession Lieutenant governor becomes governor if governor resigns, dies, or impeached –1999 Gov. George W. Bush resigned to run for the presidency, Lt. Governor Perry became governor Lt. governor becomes acting governor when governor is out of state or incapacitated

16. Compensation Annual salary $115,345 Governor’s mansion State limousine Use state-owned aircraft Personal staff

17. Governor’s Staff About 250 staffers –Most are responsible for policy work. Topical experts, legislative lobbying –Some are on the political side. Schedulers, press secretaries –Not allowed to campaign; just like any other office –State never pays for campaign events or work

18. Executive Powers of the Governor Significant appointment power In four-year term, governors make about 3,000 appointments Approximately 200 boards, commissions, and agencies oversee important state functions –Ex: University regents, Public Utility Commission

19. Executive Powers of the Governor

20. Appointees must be approved by the Senate. –Take office immediately after governor appoints Thus, in practice, Senate rejects more than it ratifies. Senatorial courtesy –Senator from the appointee’s district must approve of the appointment.

21. Budget Power The governor has a line-item veto. –Yet cannot impound or transfer funds –Once money has been appropriated by the legislature, it must be spent. Governor has little authority over budgetary process other than the ability to veto. –Budgetary duties belong to others in the plural executive and legislature.

22. Military Power Governor is commander in chief of Texas National Guard –Unless under the president’s command Wars and other crises, presidents call upon National Guard units Can declare martial law Has been employed under extremely devastating natural disasters (hurricanes) and riots –Not used in over 70 years

23. Executive Powers of the Governor

24. Legislative Powers of the Governor Message power –State of the State address Outlines priorities for the next two years Tries to set agenda and outline a budget –Media attention to governor speeches and events Governors also lobby –International, national, and state policy makers Personally or via staffers Advance policy agenda articulated during campaign

25. Legislative Powers of the Governor Veto power –Post-adjournment veto (“strong veto”) Veto after legislature ends session, preventing override –Line-item veto Gov. can veto specific elements of appropriations bills. –Use depends on governor, legislature partisanship When governor and legislature majority are same party, fewer policy disagreements, hence fewer vetoes.

26. Legislative Powers of the Governor Governor authority to call special sessions of the state legislature Legislature can be called to convene in special session at any time of the year –Sessions last 30 days Governor sets legislative policy agenda –Deal only with issues/policies governor identifies –Governor can recall unlimited number of sessions

27. Judicial Powers of the Governor State judge vacancies filled by the governor –All state judges are elected, but many retire or otherwise leave office during their tenure. –95 percent of judges are re-elected, thus judges appointed by governor likely to remain in office Governors can give 30-day stay of execution –Any other change to any sentence must first be recommended by the Board of Pardons and Paroles

28. The Plural Executive Governor Attorney General Land Commissioner Secretary of State* (governor appoints) Lieutenant Governor Comptroller Public Accounts Agriculture Commissioner Railroad Commission (3) Multiple independently elected positions Do not report to governor, may be of any party

29. Elected Officials in Texas with Executive Responsibilities

30. Campaign Contributions in 2010 and the Plural Executive

31. The Plural Executive Secretary of state Chief election officer –In charge of registration –Collects election data from county judges and clerks Maintains other state records, but largest role is with elections –Not comparable at all to U.S. secretary of state

32. The Plural Executive Lieutenant governor –Powers in state constitution and state senate rules Presides over Texas Senate Performs as acting governor when governor is unable to perform duties Chairs Legislative Budget Board Breaks tie votes in Senate Appoints Senate committees and chairs

33. The Plural Executive Attorney general (AG) –State’s highest civil attorney In charge of all civil cases where state is a party in the lawsuit –When state is sued, or when state sues Can issue opinions for agencies that have the impact and force of law Collects child support

34. The Plural Executive Commissioner of General Land Office (GLO) –Texas owns or has mineral interests in 20.3 million acres of land, plus all underwater lands 10 miles out from the coast. Responsible for 18,000+ producing oil wells Responsible for awarding drilling exploration rights on state land Protects environmental quality of state land and water

35. The Plural Executive Commissioner of agriculture –Enforces agricultural laws including quarantine laws, food inspection, disease and pest control programs, weights and measures

36. The Plural Executive Comptroller of public accounts Invests state money –Pension funds, debt, current accounts Oversees taxation –Collection, current totals, projections Estimates state revenues –Influences how much legislature can budget

37. Boards, Commissions, and Regulatory Agencies Bureaucracy: complex structure of offices, tasks and rules employed by large-scale institutions to coordinate tasks and personnel At this point, Gov. Perry has appointed every single state bureaucratic appointee to every position the state constitution allows. –Over 10 years as governor, unprecedented opportunities to appoint and influence state policy

38. Boards, Commissions, and Regulatory Agencies Multimember appointed boards –Appointed by governor and approved by Senate –Examples: Dept. of Parks & Wildlife, Dept. of Correction, Public Utilities Commission Single executive boards –Appointed by governor, approved by Senate Example: Dept. of Insurance has just one commissioner

39. Boards, Commissions, and Regulatory Agencies Railroad Commission of Texas (RRC) –Six-year terms, one member elected every other year –Regulate trucking, rail freight, oil and natural gas industries Controlled production to maintain price stability Today, the RRC no longer regulates railroads!

40. Boards, Commissions, and Regulatory Agencies State Board of Education (SBOE) –15 members serving four-year terms –Elected in geographic districts representing different state regions Recommend commissioner of education candidates to governor –Education commissioner oversees Texas Education Agency (TEA)

41. Sunset Advisory Commission Sunset Advisory Commission (SAC) –Evaluates utility of state agencies Once every 12 years, each agency can be abolished unless legislature votes to renew it. Agencies must justify their existence. –Detail how they meet legislative mandates. 58 agencies have expired under the SAC

42. Thinking Critically about the Executive in Texas

43. Public Opinion Poll Should Texas governors have term limits similar to the president of the United States (maximum of two, four-year terms)? a) Yes, no one should serve too long. b) No, voters should be able to choose whichever candidate they prefer.

44. Public Opinion Poll Do you think the public perceives the office of governor as a strong or weak office/position in Texas government? a) Strong b) Weak

45. Public Opinion Poll Should some plural executive offices be eliminated, with those responsibilities belonging to the governor instead? a) Yes, too many executive positions is an inefficient way to run the state. b) No, voters should continue to have influence on all of these separate functions.

46. Public Opinion Poll Should candidates for governor and lieutenant governor run on a ticket, similar to presidential and vice presidential candidates? a) Yes, it would provide more cooperation at the top levels of government. b) No, the public should be able to choose individuals for each office.

47. Public Opinion Poll Which of the following in the plural executive do you think has the most important duties? a) Lt. governor b) Attorney general c) Comptroller of public accounts d) Land commissioner e) Railroad commission