GOVT 2306 another one

Bicameralism

Having a legislative assembly composed of two chambers or houses

-Expected to be the dominant branch of the three branches

-Check gubernatorial power: No more E.J. Davises

-Often described as “the least weak” branch of Texas government

Texas House

-150 members

-2 years terms

Texas Senate

-31 members

-4 year terms

Speaker of the Texas House of Representative chosen

Elected by the whole House at beginning of each regular session

Key powers

-Appoint committee chairs & members

-Recognition

-Influence the flow of legislation

Member of various boards

-Legislative Budget Board

How many competitive Texas House districts are there

10-15 competitive districts

How many competitive Texas Senate districts are there

1 competitive districts

Texas Impeachment process

The Texas Senate conducts the trial

-Senators must take an oath of impartiality for trial

-Conviction requires a two-thirds vote of the senators present

-Senate determines and adopts the rules for the impeachment trial

Regular sessions of the Texas legislature

The 140 day period, occurring only odd-numbered years, during which the Texas legislature meets to consider and pass bills

- 1st 30 days: Introduction of bills

-2nd days: Committee hearings and mark-up

-Day 60-140: Voting and action on bills

Bills can be pre-filed beginning the Monday after the November general election

The only bill the legislature is required to pass is the biennial state budget

Special sessions of Texas legislature

A legislative session called by the governor that addresses an agenda set by the governor and lasts no longer than 30 days

Can call outside the regular legislative schedule

Conference committee do

A joint committee created to work out a compromise on House and Senate versions of a piece of legislation

Big change in Texas House Rules in the 89th (2025) session of the legislature

Checks on the Texas legislature

-Governor’s veto bills which is rarely

-Governor’s ability to call special sessions and set the agenda

-Judicial review by the state courts

Governor’s responsibility as chief executive of the state

Section 2 of Article IV

-In role the governor “shall cause that the laws to be faithfully executed

Why was the governor’s term changed in the 1970s

1972: Voters approved a constitutional amendment making the terms 4-years

Two women governors of Texas

Ferguson and Ann Richards

Legislative Powers

Message Power: State of the State Address Call and set the agenda for special sessions declare emergency items

Vetos: regular, post adornment, line-item on appropriations (budget bills)

Override veto with two-thirds majority in both chambers

Judicial Powers

Upon recommendation of the Board of Pardons & Paroles, the governor can approve

-Pardons

-Clemency: Reducing or delaying punishment

Grant a one-time 30 day stay of execution

Is the key to getting a gubernatorial appointment in Texas

Is usually political connections and support from influential groups, as well as qualifications ralted to position being filled

Identify the governor’s vetoes (Which one is most powerful)

The governor’s power to turn down legisaltion passed by the House and Senate; can be override by a two thirds vote both the house and senate

Most powerful; Line-item veto

When the governor calls out the national guard

Declare martial law and call up the National Guard and/or Texas State Guard

What role or power is the government exercising

Commander in chief

What role is governor perry engaged in

Was acting as the economic development leader, promoting texas as a business-friendly state

How did Governor Abbott demonstrate the role of Party leader in the 20204 GOP Primary

State district judge in Harris county, appointed to the Texas supreme Court to Governor Bush, Attorney General and governor

NO legislative experience or woking with the legislature prior to becoming governor

2024 GOP Primary: Successfully defeated a significant number of incumbent legislators who opposed school vouchers

How has the Governor Abbott expanded the power of the Texas governor

“he governs like a judge, and that’s where the autocratic side comes out” said former state representative Lyle Larson

Abbott’s supporters see a strong leader making sure Texas is safe, secure, and a great place for business

Abbott’s critics argue that he has expanded the powers of the governor far beyond constitutional limits and abbott as threat to democracy

Main Job of the Texas bureaucracy

The complex of offices, tasks, rules, and principles of organization that are employed by a large-scale institutions to coordinate the work of their personnel

Lieutenant Governor

If a vacancy in the governorship occurs, the lieutenant Governor becomes governor

Order of succession

-President Pro of the Senate

-Speakers of the House

-Attorney General

-Chief judges of the texas courts appeals

The second highest elected officials in the state and president of the state senate

Attorney General

Elected state official who serves as the state’s chief lawyers concerned mostly with civil cases

Comptroller

Elected State official who directs the collection of taxes and other revenues and estimates revenues for the budgeting process

Land Commissioner

Elected state official who is the manager of most publicly owned lands.

Agriculture comissioner

Elected state official who is primarily responsible for enforcing agricultural law

Secretary of state

State official, appointed by the governor, whose primary responsibility is administering elections

State board of Education

Oversees public education policies and curriculum

Texas Railroads Commission

Regualtes oils and gas production, pipelines, and mining

Public Utility Commission (PUC)

Regulates electric, water, and telecommunication utilities.

Sunset review

A commission created in 1977 for the purpose of reviewing the effectiveness of state agencies

Common law

-Law made by judges based on custom, history, and precedent

-Common law becomes precedent

Civil law

-Disputes between parties

-Contracts, torts, family law

Criminal law

-Crimes against persons or property

-Felonies & misdemeanors

Original Jurisdiction

The court where the cases begins

Appellate jurisdiction

The court to which the case is appealed

Municipal Court

-Legislature created one for each incorporated city

-Violations of city ordinances

-Class C misdemeanors

-Magistrate functions

-85% of cases related to traffic violations

Justice court

-Specific type of local trial court with 1 to 8 in each county

-Justice of the Peace presides

-Class C misdemeanors

-Tenant-Landlord disputes

-Truancy

-Civil Cases: $200-$10,000 (small claims court)

Constitutional County court

-Broad judicial and administrative powers

-Budgetary authority over county government

County Courts as Law

-Created by the legislature

-Original jurisdiction between $200-$200,000

-Criminal cases prescribed by law

-Appellate jurisdiction for local trial courts

-Some jurisdiction overlap with state District courts’

Texas Supreme Court

-Court of last resort for all civil cases and juvenile criminal cases

-Consists of Chief Justice and 8 Associate Justices

-Elected for staggered 6 year terms (no term limits)

-Chooses what cases to hear

Texas Court of Criminal Appeals

-Court of last resort for all cases (except juvenile)

-Consists of Chief Justice and 8 Associate Justices

-Elected for staggered 6 year terms (no terms limits)

-Most cases are mandatory review including death penalty cases

How are almost all Texas Judge Elected

Through partisan elections

Pros of how texas elects its judges

Accountability to voters, democratic representation

Cons of how Texas elects its judges

-Consistent with the principles of Jacksonian democracy

-Judges wield great power so the people should be able to hold judges accountable

-Party label serves as a voting cue

Academic studies suggest about states judges who running for re-electins

-Low voter turnout & knowledge

-Campaign fundraising & party label challenges judges’ imparitality

-Academic studies show

-In election years judge give harsher sentences

-Elected Supreme Courts including Texas’ overwhelmingly favor business interests

What court did the legislature create in 2023

15th Court of Appeals

Intermediate appellate court with 3 justices

Statewide Jurisdiction

Exclusive Jurisdiction over

-Cases brought against the state, state entities, state officers and state employees

-Cases from the Texas business Court

The Texas Commission on Judicial conduct

-Is charged with regulating, investigating, and disciplining judges

-13 member commission that consists of judges, lawyers, and laypeople who serves staggered 6 year terms

-Investigate complaints from citizens, lawyers, & the Judiciary

-Wide range of actions the commission can take

-Remember: Texas judges are subject to impeachment, and following that criminal charges if wanted

Dillion’s rule

States that local governments have only the powers granted to them by the state legislature

How many Counties are there in Texas

254

How are all counties governed

Commissioners’ court with an elected county judge and commissions overseeing county functions

Sheriff

Enforces laws and manages county jails

District Clerk

Administers in the court Ex. Paper to file

Maintains court records and legal filings

County clerk

Maintains vital records

Ex. Birth Certificate

Medical Examiner

Investigates causes of death in suspicious cases

Tax Assessor-Collector

Collect property taxes and vehicle regitration

General Law City

Governed by state law and has limited powers

Home Rule city

Has its own charter and broader powers to self govern

Typically cities are responsible for which public services

POlice, fire, water, sewage, parks, and street maintenance

Mayor-council

The mayer has executive power, and the city council has legislative power

Strong mayor-council

The mayor has significant executive power

Council manager

Sometimes known as the “business” model of city government

Mayor functions like a weak mayor

Fits many sizes of cities, but lack of an elected leader is problematic the larger and more fierce the city’s population is

Municipal districts

Are typically nonpartisan, often held for city offices

Special districts

Single purpose government units created by state to do what cities & counties won’t do or can’t afford to do

State create special districts

State pre-emption of city, county, & special districts annextaion

Key tax for mast local governments in texas

The property tax is primary revenue sources for most local governments in Texas