POLS 207- The Plural Executive

Plural v. Unitary Executives

• Federal Govt: President of the US (POTUS) is a unitary executive

• many state constitutions allocate power differently

  • many states instead have plural executives

• In texas, the exec power is divided among many statewide officials

  • power intentionally dispersed

  • purposefully designed to be weaker

  • more points of access for interest groups

Which offices does your state have?

Most common state offices

• • Lt. Governor (45 states)

  • Secretary of State (47 states; elected in 35)

  • Attorney general (50 states; elected in 43)

  • Treasurer (48 states, not TX!; elected in 36)

  • Auditor &/or Comptroller

Other common appointed or elected offices

• • Agricultural Commissioner

  • Insurance Commissioner

  • Land / Natural Resource Commissioner

  • Labor Commissioner

The Executive Department (or Branch)

• governors commonly have experience in other statewide, elected office

• Key statewide-elected leaders in TX

  • • Lieutenant Governor

    • Comptroller

    • Land Commissioner

    • Railroad Commission (3 seats)

    • Agricultural Commissioner

    • Attorney General

Lieutenant governors in the states

• powers of states “second in command” vary greatly

• some states Lieutenant Governors NOT very powerful

  • office has few formal powers vested in it by constitution/law

  • authority depends on power delegated by governor

  • office “paired” with Governor on the ballot

• Other states created much stronger offices

  • office has a legal foundation for competent powers

  • AL, MS, VT, and TX have some of the strongest Lt Governors

Texas Lieutenant Governor

• traditionally viewed as the most institutionally powerful government position in TX

  • government weak in formal powers

  • lt gov strong in formal powers

• 4 year term, not paired w governor like POTUS & VP

  • can even be from different party

• Next in line

  • but few executive-type functions

The Lieutenant Governor & the legislature

• “legislator in chief”: most powerful state legislator

• president of TX senate

  • procedural oversight

  • broad legislative influence

  • appoints senate committees

  • assigns bills to committees

  • chairs or co chairs positions on several powerful legislative boards

• NOT “ceremonial” role like US vice pres

The lieutenant governor and the budget

• the budget is MOST IMPORTANT bill of any legislature

• Lt. Governor is co-chair of 10-member Legislative Budget Board (LBB) and appoints half its members

  • LBB (not governors office) drafts budget

  • Exercises key agenda setting power

    • sets policy starting point for the legislative session

The Executive Department in Tx

• governor has NO broad powers over much state govt business, including

  • • Legal system

    • State budget & finances

    • Education

    • Transportation

    • Agriculture

    • Public utilities

    • Land development

    • Natural resources

• Lt Governor: primarily a “super legislator”

  • only acts as an exec when governor is out of state

• TX plural executive: many independent grants of power

  • most offices directly elected

  • dont need to share party or agenda

Comptroller of Public Accounts

• 4 year term

• powers: broad financial responsibilities

  • tax collection, accounting, check writing, audits

  • treasurer of state funds and investments

  • estimating revenue for state

• Power put office at the heart of the budgetary process

  • budget cant become law without comptrollers certification

Land Commissioner

• 4 year term; heads the general landing office

• powers: managing tx public lands and their resources, including;

  • mineral rights

  • grazing leases

  • oil and gas leases

• Issues permits for exploration, use

  • collects royalties on oil, gas extracted

  • these are valuable state revenues

Public lands in tx

• 12% of TX land is state public land

  • little federal land ~!%

  • only state to control all its public land

• Royalties added to state permanent funds

  • permanent school fund

  • permanent university fund

Railroad commission (RRC)

• 3 commissioners, 6 yr staggered terms

• regulates oil and gas, pipelines, etc

  • not railroads since 1980s

• Powers: writing regulations and adjudicating implementation of state energy laws

  • better name= energy commission

  • oil/gas are 60% of industry in TX

• 1930s-1970s: effectively managed worlds oil supply

Texas RRC Challenges

At the heart of oil and gas regulatory controversies:

• • Human induced earthquakes (from wastewater disposal)

  • Eminent domain & pipelines

  • Groundwater trespass

  • Orphan wells

  • Flaring

  • Local control of oil & gas operations

  • i.e. controversy b/t industry & local residents over fracking

A “captive agency”

• members are routinely from oil/gas industry

Agricultural Commissioner

• 4 year term; heads TX dept of agriculture

• powers: enforces state agricultural laws for nations 2nd leading agricultural producers

  • food inspection

  • promotion of exports

  • animal quarantine, disease, pest control

• Conflict in duties?

  • carries out laws promoting adn benefitting ag

  • also responsible for consumer protection and environmental laws

Attorney general

4 year term; chief legal officer for state

• mostly civil law (not criminal law)

• represents state agencies in lawsuits

powers

• issues legal opinions on legality/constitutionality of statutes

• statements have effect of law, unless overturned by court or Lege takes action

• enforces anti-trust and child support laws

Multi-state federal litigation has seen increased prominence of Ags office

Secretary of State

• appointed by governor, confirmed by TX senate

• Powers:

  • administers state election laws

  • maintains public records and filings

    • including voter registration rolls

  • keeper of the state seal

• Due to role as chief elections officer, state secretaries of state have been subject to intense political scrutiny

Plural executives and the division of executive power

• prevents one individual from holding too much power

  • however, plural executives lack some advantages of stronger unitary executives

• Issues and problems

  • lack of energy in administration

  • fragmented state-wide policy

  • executive lobbying and increased interest group power

  • enable flourishing bureaucracies

    • due to lack of centralized oversight and control