Chapter 3

3.1 Knowledge Check

1. What is meant by the term bicameral legislature?

   • A legislature that is divided into two houses.

     • Correct. All but one state had divided its legislative branch into the house and senate.

2. Which statement is true about representation in state senates?

   • The Supreme Court ruled that state counties were not a good measure for senate representation.

     • Correct. According to the U.S. Supreme Court, the equal protection clause in the Fourteenth Amendment declares the idea of one vote per person and so representation must be equal.

3. What does legislative immunity mean?

   • Members of the legislature will not be arrested for what is said during debates.

     • Correct. This protection has its roots in the British Parliament; the monarch could not have a member of parliament arrested for trying to represent their constituents.

3.2 Knowledge Check

1. Which type of legislature attempts to limit the role of a state representative to a part-time role?

   • citizen legislature

     • Correct. The hope is to get as many citizens involved as possible, by limiting the work of a legislator, the hope is more citizens could serve.

2. The framers of the Texas Constitution wanted to have a professional legislature.

   • False

     • Correct. The framers of the Texas Constitution would have preferred a citizen legislature, but today the Texas Legislature is more of a hybrid.

3. What characteristic does a professional legislature have?

   • Legislators have a full-time workload that limits outside employment.

     • Correct. Only four states have a true professional legislature, while six have a lighter version.

3.3 Knowledge Check

1. ______ is the term used to describe when incumbents leave office from an election defeat, retirement, or term limits.

   • Turnover

     • Correct. Many supporters list turnover as one of the benefits of creating term limits.

2. Redistricting is the only time when the entire Texas Senate comes up for reelection.

   • True

     • Correct. Redistricting happens after the U.S. Census, and this can lead to changes in election districts.

3. What is one of the requirements to run for the Texas Senate?

   • must be at least 26 years old

     • Correct. A candidate for the Texas Senate must also be a resident of Texas for at least 5 years.

3.4 Knowledge Check

1. According to microcosm theory, a legislature should focus on only representing a small part of the population.

   • False

     • Correct. The purpose of a microcosm is to try and make the representative body “look like” the population it is representing.

2. What is one reason why many average citizens do not run for office?

   • The financial compensation for legislators is too low for the average citizen.

     • Correct. Running for office can be expensive and the time required, and the low compensation is not something the average citizen could afford.

3.1 Video Activity: Redistricting

1. How often does redistricting take place?

   • every 10 years

     • Correct. Redistricting occurs every 10 years after the results of the census are reported to the states.

2. In Texas, if the legislature is unable to agree on a redistricting plan, the process is delegated to whom?

   • Legislative Redistricting Board

     • Correct. If the legislature is unable to pass a redistricting plan, the Legislative Redistricting Board is convened to create a new plan.

3. What statement best reflects the partisan nature of the redistricting process in Texas?

   • Redistricting in Texas is partisan since the process is controlled by the majority party in the state legislature with little input from the minority party.

     • Correct. Redistricting in Texas is traditionally a partisan event where the majority party maximizes its political power.

4. Why is redistricting important? What causes redistricting to be controversial?

   • Sample response: Redistricting is important because it allows the state legislature to redraw district maps in order to account for changes in the population. With federal offices, redistricting can include the addition of new seats in the U.S. House of Representatives. In practice, this means that political power shifts as the population shifts. Redistricting is controversial because the process is manipulated for partisan political gain and in some cases, the political power of some Texans is ignored, shifted, or even taken away.

3.2 Video Activity: Gerrymandering

1. Who is responsible for drawing district lines in Texas as part of the redistricting process?

   • Texas legislature

2. In Texas, what is the only constitutional requirement for district boundaries?

   • Boundaries must be contiguous.

     • Correct. The only requirement is that a district be contiguous and that a person can travel to and from any part of the district without leaving it.

3. Under what circumstance is a court most likely to invalidate a redistricting map?

   • if the map diminishes the power of racial and ethnic minority groups by dividing their local population

4. Who benefits from gerrymandering? How can states reduce or eliminate gerrymandering?

   • Sample response: Typically, gerrymandering benefits the majority party and elected incumbents. In Texas, gerrymandering has also benefitted rural communities at the expense of urban communities and white voters at the expense of non-white voters. States can eliminate or reduce gerrymandering by moving to nonpartisan systems of redistricting.

3.5 Knowledge Check

1. ______ is a member of the Legislative Redistricting Board in Texas.

   • The commissioner of the Texas General Land Office

     • Correct. Other members of the board include the lieutenant governor and the Speaker of the Texas House of Representatives.

2. The post-2020 redistricting of Texas legislative districts ensured ______ advantage.

   • incumbent

     • Correct. After 2020, the Texas Legislature sought to ensure incumbents specifically had an immense advantage in re-election, rather than merely parties.

3. Which scenario best describes gerrymandering?

   • Politicians redrawing a district in an odd shape to try to better their odds in an election.

3.6 Knowledge Check

1. Which statement best describes the power of oversight by the legislature?

   • The legislature reviews a decision by the governor to increase funding to the National Guard.

     • Correct. The legislature has the power to control funds, if a governor is not using funds the way they should be used, the decisions can go before an appropriations committee.

2. ______ committees are the most important in the Texas Legislature.

   • Standing

3. What is the purpose of a floor leader?

   • The floor leader reminds the members of their party what the party’s stance is on a bill.

3.3 Video Activity: How a Bill Becomes a Law

1. Who can propose a bill?

   • any member of the legislative branch

2. When a bill passes both chambers of the Texas legislature, what decision must the governor make?

   • The governor can sign the bill into law or veto the legislation.

3. What statement best describes the legislative process in Texas compared to the legislative process at the federal or national level?

   • The legislative process is more difficult in Texas because the Texas process requires greater repetition and has more rules to follow.

4. What role do committees play in the legislative process? Why do so many bills die in committee?

   • Sample response: Committees and subcommittees hold hearings, debate, markup, and even change proposed legislation. At the end of the committee hearing, there is a vote to determine whether or not to advance the bill to the floor for a vote by all the members. Most bills die in committee due to lack of support from constituents and party leaders or opposition by interest groups and the executive.

3.7 Knowledge Check

1. Which scenario best describes the purpose of a killer amendment?

   • A senator adds wording to a bill that will make the bill less likely to pass a vote.

     • Correct. Usually the wording or “amendment” has nothing to do with the bill in question, it is just an attempt to make the bill less desirable.

2. Which type of resolution proposes amendments to the Texas Constitution?

   • joint resolution

     • Correct. A joint resolution is used to propose amendments to the constitution that are then placed before the voters to approve.

3. What must happen to a bill that affects the state’s budget?

   • It must be considered in the Texas House of Representatives first.

Chapter 3 Critical Thinking Check

1. Why does the Texas Legislature have a uniquely difficult time representing the state population given the ratio of legislators to population?

   • Sample response: Unlike the U.S. Congress, representation at the state level must look a little different. Because state populations can fluctuate trying to represent a state’s population based on a legislation to population ratio would be ineffective. This is due to the number of legislators that would be needed to effectively represent a population. For a state like Texas the number of legislators would be well into the thousands and it would be difficult to get any work done. For this reason, it is more effective for states to divide into districts and have one or more representatives represent the population of that district.

2. What is the difference between a citizen legislature and a professional legislature? Provide an example of each.

   • Sample response: A citizen legislature tries to limit the role of a state legislator to a part-time position. A citizen legislator has a workload like a part-time job and is paid accordingly. A professional legislature requires more time on the part of its members and is considered a full-time position. There is more pay involved, and the workload is also significantly larger with sessions lasting up to 9 months of the year. South Dakota’s legislature is considered a citizen legislature, while the New York legislature is a professional legislature.

3. If you were a Texas citizen interested in running for either the Texas House of Representatives of Texas Senate, what should you do to make sure that you have the right qualifications for office?

   • Sample response: To run for the Texas House of Representatives, an individual must be at least 21 years old, be a resident of Texas for at least 2 years, and a resident of the district for 1 year before the election. A candidate for the Texas Senate must be at least 26 years old, a resident of Texas for at least 5 years, and a resident of the district for at least 1 year before the election takes place. It is important to have these requirements to ensure that someone is old enough and familiar with the state and the district they want to represent. This keeps the membership of the Texas Legislature open for those who are interested and invested in the areas they live.

4. Why must representation go beyond gender, race, and religion?

   • Sample response: There has always been concern over how best to represent a population and with respect to state legislatures it is no different. Gender, race, and religion are the main areas of focus when it comes to representing a population, however, that may not be the whole story. Just because two people are of the same religion, it does not mean that their lives are the same. While one might be an attorney the other might be truck driver, while they share the same religion, their lives are very different.

5. Imagine that you are a member of the Texas legislature involved in redrawing districts in the state. What steps should you take if you want to ensure a fair redistricting process?

   • Sample response: Districts are usually redrawn after the completion of the U.S. Census and the goal is to draw districts fairly based on how populations changed. The Texas Legislature starts by drawing up the new districts and then both houses must agree to the changes. If an agreement is reached, then the districts are voted on and go into effect. However, if an agreement cannot be reached, then special commissions are in charge of helping to settle the impasse, in Texas this falls to the Legislative Redistricting Board where members from all areas of government convene to review districts and make a decision. If there is still no agreement, then the court system can get involved and settle the dispute. Those who are elected to the legislature from these districts are the voice of that population and if they are not drawn fairly, then parts of the population do not have an effective voice in the legislature. Working to ensure that districts are most clearly representative of their populations based on available data is key to ensuring a fair redistricting process.

6. What distinguishes the lieutenant governor and Speaker of the Texas House of Representatives as arguably the two most powerful roles in Texas?

   • Sample response: The lieutenant governor serves in multiple capacities in the state government, including being ready to take over as governor on a moment's notice should something happen to the current governor. The lieutenant governor is also involved in various boards and, most importantly, is the president of the senate. In this role, the lieutenant governor has a say in the agenda of the senate and which bills will be heard and by whom. The same is true in the other house with the Speaker of the Texas House of Representatives. The role of speaker was more ceremonial at first, but over time the position has begun to gain power. The speaker assigns half of leaders and members to committees and most importantly sets the agenda for the legislative session in the house. Because both positions have such power over the legislative process, they are considered more powerful than other positions.

7. Imagine that you are a member of the Texas House of Representatives wishing to pass a bill about restricting water use throughout the state to prepare for times of drought. What steps should you take to make sure the bill will get passed?

   • Sample response: A bill can be introduced in either house of the legislature unless it is a bill dealing with the budget and then it must go through the house of representatives first. In this case, you would introduce the bill to the House of Representatives. A number is then assigned to the bill based on which house it was presented in and when it will be heard. The bill is then assigned to a committee based on the topic or issue that it tries to address. After a review of the bill, a committee can choose to reject the bill or allow the bill to pass into the entire house. Working alongside allies on committees will be key to getting the bill through committee. Next, there will be a floor debate as the whole house is able to review and discuss the bill. A bill is then voted on and if the bill passes, then it is enacted 90 days after the legislative session ends. If your bill “dies” or fails to be passed, you can always reintroduce it during the next legislative session, but must go through the entire process again.

Chapter 3 Quiz

1. There is a bill on the floor of the Texas Legislature outlawing What-A-Burger within the state. It is about to be voted on but then a state senator decides to call a filibuster on the bill. What is the purpose of the filibuster in this scenario?

   • Senators use the tradition of unlimited debate to kill a bill.

     • Correct. This is a long-standing tradition in the U.S. Senate and many state senates. Its purpose is largely to maintain an unlimited debate in order to work toward killing a bill that some parties find undesirable.

2. If you were a member of the Texas Legislature and assigned to a statutory committee, how should you act to fulfill the purpose of your committee?

   • decide as a committee to investigate the contracts used to purchase new state vehicles

3. If you were a legislator who wanted to receive more staff, what action should you take?

   • offer internships and volunteer positions

4. The collective non-Anglo population in Texas is considered the majority.

   • True

     • Correct. Totaled together, the number of members of racial and ethnic minority groups is greater than white populations.

5. Which clause in the Fourteenth Amendment of the U.S. Constitution establishes the “one person, one vote” principle?

   • equal protection clause

6. In terms of the institutional design of government systems, James Madison ______.

   • stated that liberty could be protected by dividing power in the legislature

7. Imagine that you were a Texas legislator in favor of eliminating term limits for public office. What argument should you make to support your position?

   • The experience and knowledge of the institution is lost once an office holder hits their limit.

8. When a voice vote is too close to call, the presiding officer may call for a roll call vote.

   • True

9. Which power does the Speaker of the House have that proves beneficial toward the end of legislative sessions?

   • freedom to interpret the rules of the House

10. Which example best describes a delegate legislative approach?

    • Legislators are elected to follow the views of the regions they represent.

11. What is the practical argument against having a state legislator-to-population ratio like the U.S. Congress?

    • States with large populations would have a larger legislature and it could become difficult to organize.

12. What event must happen before the redistricting process can begin?

    • The data from the U.S. Census must be released.

13. ______ is when a district is redrawn in an odd shape to give politicians a political advantage.

    • Gerrymandering

14. A ______ legislature is a type of state legislature.

    • citizen

      • Correct. The other types of state legislature are hybrid and professional.

15. Which statement about partisanship in the Texas Legislature is accurate?

    • While historically bipartisan, the Texas Legislature is becoming increasingly beholden to only the majority party.

      • Historically, bipartisanship was encouraged in the Texas Legislature, explaining why many of its members who moved to Washington DC like Sam Rayburn and Lyndon Johnson typically were known as compromisers. That bipartisanship has become increasingly in decline in recent sessions, however, as Republicans have begun to use their majorities to implement legislation with little to no Democratic support. Revisit “Winners and Losers” for more on this trend.

Chapter 4

4.1 Video Activity: Key Governors in Texas History

1. What governor is featured in the video?

   • George W. Bush

2. Prior to his election as governor, what sector of the Texas economy was George W. Bush part of?

   • Oil

3. Why was the election of George W. Bush controversial for many Texans?

   • Bush lacked political experience and did not promote a comprehensive agenda.

4. Why was the governorship of George W. Bush an important era in Texas politics?

   • Sample response: Not only was George W. Bush a popular governor, he played an important role in the political transformation of Texas. Under Bush, the Republican party emerged as the dominant majority party in Texas. At the same time, Bush was able to establish a bipartisan consensus on many issues and develop a good relationship with many Texans of Hispanic heritage. Bush also played an important role in reforming education policy in the state.

4.1 Knowledge Check

1. The salary of the governor of Texas is one of the lowest in the nation.

   • False

     • Correct. The salary for the governor of Texas is above the national average of just over $140,000 a year.

2. The Texas Constitution is not clear on what can be considered an impeachable offense.

   • True

3. Which Texas governor served for 14 years making him the longest-serving governor in Texas history?

   • Rick Perry

     • Correct. Rick Perry finished out the term that George W. Bush was serving when he left to become president. Perry went on to be the longest-serving governor in Texas history.

4. When the governor is out of state, who is acting governor until they return?

   • the lieutenant governorHow many years does a potential governor have to live in Texas before they can run?

5. How many years does a potential governor have to live in Texas before they can run?

   • 5

     • Correct. Other requirements for potential governors include being at least 30 years of age and be a U.S. citizen.

4.2 Video Activity: The Powers of the Governor

1. What issue is the governor addressing in the video?

   • immigration

2. Governor Abbott, like most Texas governors, is typically classified as an adherent of what political ideology?

   • conservatism

3. What statement is true about the formal powers of the Texas governor?

   • The Texas governor is a weak governor who relies on the veto and informal powers to govern effectively.

4. Why would the Texas governor be at the White House to lobby on behalf of Texas?

   • Sample response: While immigration policy is typically viewed as an issue handled by the federal government, the impact of immigration is felt by the states. In the video, Governor Abbott discusses the cost of undocumented immigration paid by Texas. As the most visible figure in the Texas government, the governor engages in lobbying on behalf of the state. In this case, the governor is lobbying for increased border enforcement or for federal funding to offset the costs of undocumented immigration.

4.2 Knowledge Check

1. Members of the Board of Pardons and Paroles are independently elected by the people.

   • False

     • Correct. The governor is responsible for appointing members to the board with the approval of the state senate.

2. What is meant by the term plural executive?

   • Administrative powers are shared between officials who are independent of the governor.

3. What does it mean for the governor to become a crisis manager?

   • The governor becomes a policy maker, point person, and coordinator of resources in an emergency.

4. The Texas State Guard can only be activated by the governor.

   • True

     • Correct. The governor can activate the Texas State Guard at any time, but it usually happens when the Texas National Guard is unable to activate.

5. ______ is used by the Texas governor to influence which policies the legislature will address.

   • Agenda setting

4.3 Knowledge Check

1. A ______ is one of the four elements of informal power.

   • political ambition ladder

     • Correct. Political ambition ladder, governor’s electoral mandate, personal future as governor, and performance ratings.

2. At what point in a governor’s term can they exercise the greatest influence on other offices?

   • beginning of their term

     • Correct. A governor at the beginning of their term has greater influence over other offices because they are freshly elected and not a known commodity.

3. If a governor wins an election by a significant margin, what can they do to keep the legislature from challenging them?

   • They can claim a popular mandate.

     • Correct. If a governor is popular with the people, they have more political sway; however, if they win by a thin margin, they may struggle with the legislature.

4. A governor who is new to the political arena has a better advantage over one who has held many offices.

   • False

     • Correct. Someone who is well-known in political circles can have many allies.

5. A governor who is media savvy can use national policy negotiations that relate to Texas to place themselves front and center in national political discussions.

   • True

     • Correct. Given the proximity to Mexico, the size of the Texas economy, and the increased visibility of the state in the aftermath of recent hurricanes, media savvy governors can find themselves in the national political spotlight fairly easily.

4.4 Knowledge Check

1. The Texas government is a good example of a Madisonian model of government.

   • False

     • Correct. The current model in Texas does not allow for many checks and balances between the three branches of government.

2. The ______ is considered a “loser” with respect to the current Texas system of government.

   • citizens

     • Correct. Texans continue to distrust government and prefer a diffusion of power, but this can lead to one branch, in this case the executive, gaining more power.

3. Historically, Texans prefer ______ political power over other forms of governmental power.

   • Diffused

     • Correct. Given that Texans have historically distrusted the government, they prefer political power to be diffused among institutions rather than concentrated in one office or branch.

4. Most of Texas history followed which institutional design concept when it comes to the chief executive?

   • weak executive, strong legislature

5. The Texas legislature has continuously fought against increased executive power in the state.

   • False

     • Correct. The legislature has not put up many fights against the governor’s power grab.

Chapter 4 Critical Thinking Check

1. What are the differences between the powers of the governor before and after 1972 when Texans approved an increase in the number of terms governors could serve?

   • Sample response: Since the change from 2 years to 4 years for the length of terms of the governor, more governors have stayed in office longer. With the length of time a governor stays in office, the amount of appointments increases which then increases political allies. Additionally, there are no term limits for the governor of Texas and the affect this can have is witness with Governor Rick Perry. As lieutenant governor, Perry stepped into the governorship when the then Governor George W. Bush became president in 2000. After serving out the remainder of Bush’s term, Perry went on to serve for 14 years.

2. Imagine that you are the governor of Texas. How should you use your authority over the state legislature to enact your policy agenda?

   • Sample response: In Texas, the governor has the power to address the legislature, declare emergency legislation, and call special sessions of the legislature. Each of these powers allows the governor to set the legislative agenda for the year. The most important way a governor can do this is through the state of the state address when the governor outlines what is happening in the state and what the legislature needs to address during their time in session. This has become an important way for the governor to set the agenda, but they can also declare emergency legislation and call the legislature out of recess and set the agenda for that session.

3. Julian is the governor of Texas and is looking to use the power of his office to improve the lives of his constituents. What informal power does Julian have as governor, and how should he use this power to achieve his political goals?

   • Sample response: The four elements of informal power are the governor’s electoral mandate, political ambition ladder, personal future as governor, and performance ratings. In each case, these elements focus on how popular the governor is with Texans and who the governor knows. If a governor has been in politics for a long time and has a high approval rating with voters, they are able to enjoy less challenges from the legislature and more power to affect the agenda of the legislature. The reverse can also be true, if a governor is not as familiar with other politicians and is not popular among voters, the governor has less sway over the legislature.

4. Describe why the executive office in Texas has become more powerful and who loses as a result.

   • Sample response: Because of the imbalance of power between the branches of government in Texas, the governor has been able to obtain more power. This is the opposite of what the writers of the 1876 constitution wanted. However, because of some institutional changes and a lack of pushback from the Texas Legislature, the office of governor has begun to exert more authority. While a sharing of power was part of Madison’s vision of government, the lack of checks or their ineffectiveness has made the balance of power tilt in favor of the governor. With that said, if this imbalance continues, it will be harder and harder to see the Madisonian style of government and that makes this model a loser. Additionally, the Texas people lose in part because of their continued distrust of government and their preference for diffused power over concentrated power.

Chapter 4 Quiz

1. Because of a plural executive, key members of the executive branch may be from different parties.

   • True

     • Correct. Because the citizens of Texas vote for not just the governor, but other members of the cabinet, it is possible that different political parties will be selected for key positions.

2. What is a requirement for gubernatorial candidates in Texas?

   • They must be at least 30 years old.

     • Correct. In addition to the age and a residency requirement of at least 5 years, a candidate must also be a U.S. citizen.

3. The Texas economy has allowed some governors to travel overseas to obtain business for the state.

   • True

4. Texans have historically believed in diffused government power which runs counter to the extensive powers that the contemporary executive branch holds.

   • True

5. Staggered terms make it impossible for a governor to appoint members of an entire board or commission.

   • False

     • Correct. If a governor is successful in getting elected for a second 4-year term, it is possible that they will be able to appoint the members of an entire board or commission.

6. If a governor has a low approval rating, it is easier for them to deal with the legislature.

   • False

     • Correct. Having a low approval rating will not help a governor deal with the legislature easily. High public approval shows faith in the governor's policies, which will make it easier for them to negotiate with the legislature.

7. Which area of higher education do most Texas governors have expertise?

   • Law

8. Madison’s vision of government, exemplified by the government of Texas, focused on the idea that the government should be _____.

   • based on branches keeping each other in check

9. Due to hurricanes, the governor’s role as crisis manager has become more important.

   • True

10. Many Texan governors see the office as just a jumping point to the U.S. Presidency.

    • False

      • Correct. While some Texan governors have also become U.S. president, many consider their governorship as the highlight of their political careers.

11. If you were the governor of Texas, how might you best use your informal powers to achieve your agenda?

    • Personal friendships with legislators allows a governor to sway the legislature to vote a certain way on policy.

12. One of the distinguishing features that the modern Texas government is known for having is a ______.

    • strong executive and a weak legislative branch

13. Which statement is considered accurate with respect to the salary of the Texas governor?

    • The salary of the governor is above the national average.

14. Which statement best describes the power of a line-item veto?

    • The governor can reject a specific line on an appropriations bill, but still approve it.

      • Correct. A line-item veto is only allowed on appropriations bills which are part of the budget process.

15. What is the political ambition ladder?

    • The ability for a political figure to gain contacts and allies in each office held.

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