Chapter 4: The Texas Executive Branch and Plural Executive Structure

Qualifications and Structure of the Texas Governor

• Criteria for Eligibility and Residency
  • Age Requirement: A candidate must be at least $30$ years-old to serve as the Governor of Texas.
  • Residency Requirement: A candidate must have been a resident of the state of Texas for at least $5$ years directly preceding the election.
  • Citizenship Requirement: A candidate must be a citizen of the United States.
• Operational Structure
  • Term Length: The Governor serves a term of $4$ years.
  • Term Limits: There are no term limits for the Texas Governor.
  • Election Cycle: Elections for the governorship are held during midterm elections, rather than during presidential election years.
• Perks and Benefits
  • Annual Salary: The Governor receives an annual salary of $153,750.
  • Official Residence: The Governor resides at the Governor’s Mansion, which is located directly across from the state capitol building.

Historical Evolution of the Texas Governorship

• Early Texas Constitutions
  • J. Pinkney Henderson: He served as the first Governor of Texas. He took office following Anson Jones, who had served as the President of the Republic of Texas.
  • Constitution of 1845: This constitution limited the Governor to a $2$-year term. Additionally, the Governor could not serve for more than $4$ years within any given $6$-year period.
  • Constitution of 1866: This document increased the term length to $4$ years. However, it stipulated that a Governor could not serve more than $8$ years within a $12$-year period.
  • Constitution of 1869: This constitution removed the limits on the number of terms a Governor could serve. Consequently, Texas remains one of $14$ states in the U.S. that does not impose term limits on the executive office.
• The Era of Democratic Dominance
  • Following the Civil War, the Democratic Party maintained a significant stronghold on the American South.
  • From Richard Coke ($1874$) through Dolph Briscoe ($1979$), every Governor of Texas was a Democrat, representing an uninterrupted streak of $105$ years of Democratic rule.
• Historic Female Governors
  • Texas was the first state to elect a female Governor, Ma Ferguson. She served two terms, taking office after her husband, James "Pa" Ferguson, was impeached.
  • Ann Richards was the second female Governor of Texas and notably the last Democrat to hold the office, serving from $1990$ to $1994$.
• Recent Transitions and Incumbency
  • Rick Perry: Holds the record as the longest-serving Governor in Texas history, holding the office from $2000$ to $2015$.
  • Greg Abbott: The current incumbent Governor. Before becoming Governor, he served as the Attorney General alongside Rick Perry.

Executive Power and Strategies for Success

• The Weak Executive Theory
  • As a member of the Plural Executive, the power of the Texas Governor is formally considered weak compared to chief executives in other states.
  • Despite these formal limitations, the Governor utilizes various informal and formal tools to wield power effectively.
• The Power of Persuasion and "Going Public"
  • Media Attention: As the Chief Executive, the Governor commands more media attention than any other state official.
  • Social Media Usage: Modern governors use platforms like Twitter (now X) to communicate directly with the public. For example, Governor Greg Abbott has posted over $15.3K$ tweets.
  • State of the State Address: This is a formal venue for the Governor to outline their legislative agenda and goals to the public and the legislature.
• Specific Examples of Public Communication (Twitter Fingers)
  • In January, Governor Abbott reported that Texas has bused more than $16,500$ migrants to sanctuary cities as a relief effort for border communities, specifically citing:
    • Over $9,100$ to Washington D.C.
    • Over $5,100$ to New York City (NYC)
    • Over $1,500$ to Chicago
    • Over $840$ to Philadelphia
  • In another post, Abbott highlighted an $\$2\,\text{billion}$ Texas oil refinery expansion by Exxon, praising the oil and gas industry and predicting record production levels for $2023$.\n

Legislative Powers: Special Sessions and Vetoes

• The Prerogative of Special Sessions
  • The Governor has the sole authority to call the Texas Legislature into a special session.
  • Duration: Special sessions are limited to a maximum of $30$ days.
  • Scope: The legislature is strictly limited to addressing only the agenda items specifically listed by the Governor.
  • Frequency: The Governor can call an unlimited number of special sessions, and they do not need to be continuous or occur only during years when the legislature is in regular session.
• Historical Data on Recent Special Sessions
  • 88th Legislature (Greg Abbott):
    • 1st Called Session: $30$ days, $2$ topics, Proclamations (May 29, 2023 - Jun 27, 2023).
    • 2nd Called Session: $17$ days, Proclamations (Jun 27, 2023 - Jul 13, 2023).
    • 3rd Called Session: $30$ days, $4$ topics, Proclamations, Supp. Mat. (Oct 9, 2023 - Nov 7, 2023).
    • 4th Called Session: $29$ days, $10$ topics, Proclamations, Supp. Mat. (Nov 7, 2023 - Dec 5, 2023).
  • 87th Legislature (Greg Abbott):
    • 1st Called Session: $30$ days, $4$ topics, Proclamations (Jul 8, 2021 - Aug 6, 2021).
    • 2nd Called Session: $27$ days, $11$ topics, Proclamations (Aug 7, 2021 - Sep 2, 2021).
    • 3rd Called Session: $30$ days, $18$ topics, Proclamations, Supp. Mat. (Sep 20, 2021 - Oct 19, 2021).
• The Veto Power
  • The Governor can employ three types of vetoes:
    • Regular (Package) Veto: The Governor rejects the entire bill.
    • Line-item Veto: Highlighting the Governor's control over the budget, this allows for the crossing out of specific lines or items in appropriations bills without vetoing the whole budget.
    • Post-adjournment Veto: If the Legislature passes a bill with fewer than $10$ days left in the session, the Governor has $20$ days to sign or veto it after the session has ended. This is highly advantageous as it prevents the Legislature from having the time to override the veto.

Judicial Appointments and Campaign Finance

• Filling Vacancies
  • While Texas uses a long-ballot system for electing judges, the Governor possesses the power to fill vacancies caused by mid-term retirements or the creation of new courts to handle caseload backlogs.
  • Incumbency Advantage: Appointed judges often benefit from the incumbency advantage when they later run for election to keep their seats.
• Campaign Fundraising
  • The Governor can raise significantly more money than other state government members and has the ability to contribute to their own political campaigns.

The Plural Executive and Key State Players

• Lieutenant Governor (Dan Patrick - R)
  • Elected to a $4$-year term.
  • Serves as the primary successor if the Governor dies or is incapacitated.
  • Presides over the Texas Senate and chairs the Legislative Budget Board.
  • Functions as a member of the Legislative Redistricting Board and the Sunset Advisory Committee.
• Attorney General (Ken Paxton - R)
  • Acts as the state's legal representative in civil cases involving the state, corporations, or the federal government (e.g., Texas v. Pennsylvania, 2020; State of Texas v. American Tobacco Co., 1997).
  • Interprets the law in the absence of precedent (e.g., DraftKings v. Ken Paxton, 2016).
• Comptroller of Public Accounts (Glenn Hegar - R)
  • Certifies the state’s biennial budget to ensure obligations can be met.
  • Collects tax revenue and monitors that expenditures match the budget.
  • Involved in controversies regarding sales tax collection from internet sales.
• Agriculture Commissioner (Sid Miller - R)
  • Regulates farming, ranching, organics, pesticides, grains, and hemp.
  • Oversees consumer protection, food production, and school lunch menus.
  • Susceptible to "Agency Capture" where industries exercise undue influence over the regulator.
• Commissioner of the General Land Office (Dawn Buckingham - R)
  • Manages public land leasing for oil and grazing.
  • Oversees $367$ miles of Texas beaches ("Third Coast").
  • Responds to natural disasters (oil spills, hurricanes) and manages the Veteran’s Land Board, which provides home loans, cemeteries, and healthcare for veterans.
• The Railroad Commission
  • Composed of three commissioners serving staggered $6$-year terms.
  • Shifted from regulating rail commerce (now mostly federal/TxDOT) to regulating the oil and gas industry.
  • Manages "Allowables" and impacts the global oil trade; also frequently cited in discussions of "Agency Capture."

Educational and Appointed Bodies

• State Board of Education (SBOE)
  • Consists of $15$ elected members representing individual districts.
  • Terms are staggered (mixture of $4$ and $2$ years). After the $2031$ redistricting, all seats will be up for re-election, with $7$ seats alternating every $2$ years.
  • Responsibilities: Sets school curriculum, graduation requirements, oversees the Permanent School Fund, and approves charter schools.
  • Controversy: Choosing textbooks for public schools is their most contentious task.
• Secretary of State (Jane Nelson - R)
  • An appointed office (by the Governor, with Senate approval), not an elected one.
  • Administers elections, publishes the Texas Register (state agency rules), advises on border issues, and presides over the election of the Speaker of the House.
• State Agencies and Appointment Dynamics
  • The Governor appoints members to boards such as the Texas Education Agency (TEA), Texas Department of Transportation (TxDOT), and the Texas Board of Health.
  • Board members often serve $6$-year terms, meaning they may outlast the Governor who appointed them, creating a long-term influence over state policy and agency direction.