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Chapter 9: The Executive Branch – Vocabulary

LO 9.1 Checks and Balances on the Executive Powers

  • The Texas governor is inaugurated on the third Tuesday in January every four years, in odd-numbered years before a presidential election.
  • The governor is the state’s Chief Executive, but the Texas Constitution creates a plural executive with limited formal powers for the governor.
  • Historical context: post-Civil War experiences and anti-Reconstruction sentiments shaped Texas’ weak‑executive tradition (in contrast to the U.S. president and many other states’ governors).
  • Article IV of the Texas Constitution creates a multiheaded executive (plural executive) with power dispersed among independently elected officials; the governor cannot act alone to control all executive power.
  • The governor’s formal powers include nominating appointive officials (subject to Senate approval), exercising limited control over state administration, dealing with civil disorder and disasters, participating in budget making, issuing executive orders, proclamations, and promoting economic development.
  • The governor’s power is limited by checks and balances: Senate confirmation (two‑thirds of the members present) for most appointments; senatorial courtesy; and the possibility of Senate carryovers in boards/commissions due to staggered six-year terms.
  • The governor’s power to remove is limited: the removal power is not independent for most appointees; removal requires two‑thirds of both houses in certain cases and is otherwise constrained by statute and political realities. The governor cannot directly remove most board/commission officials; informal pressure can be used but is not as effective as formal removal.
  • The Texas Constitution provides for military authority: the governor is Commander‑in‑Chief of the state’s military forces, with the Adjutant General (head of the Texas Military Forces) under appointment by the governor.
  • The governor’s formal power to appoint extends to vacancies in elected heads of executive departments, Railroad Commission, State Board of Education, district attorneys, and judges (except county, municipal, and justice courts).
  • Interims: when a U.S. Senator from Texas dies or resigns, the governor fills the vacancy with an interim appointee; vacancies in the Texas legislature or U.S. House of Representatives require a special election, not an interim appointment.
  • The governor’s line‑item veto is a key budgetary tool, complementing the general veto and giving leverage in budget negotiations.
  • The governor’s power is constrained by the legislature and by the plural executive; the strength of the office often depends on personal leadership, party support, and political skill.

LO 9.2 Shared Power of the Executive and Legislative Branches

  • The governor has no direct lawmaking authority but exercises power through four major constitutional functions:
    • Delivering messages to the legislature (Message Power)
    • Signing bills and concurrent resolutions (Bill Signing Power)
    • Vetoing bills and concurrent resolutions (Veto Power, including line‑item veto)
    • Calling special sessions of the legislature (Special Sessions Power)
  • Success of a governor’s program depends heavily on bargaining with lobbyists and legislative leaders (Speaker of the House and Lieutenant Governor).
  • Message Power
    • Article IV, Section 9 requires the governor to deliver a State of the State address at the commencement of each regular session;
    • Messages may influence the legislative agenda depending on timing, committee leadership support, and the governor’s public popularity.
  • Bill Signing Power
    • While the legislature is in session, the governor signs or vetoes bills within 10 days after receipt (excluding Sundays);
    • If not signed or vetoed, bills become law; after adjournment, the governor has 20 days (counting Sundays) to veto pending bills.
    • Public signings are common; sometimes mainly ceremonial, but can have substantive policy impact (e.g., higher education cost efficiencies discussions).
  • Veto Power
    • The governor can veto a bill during a session; the veto can be overridden by a two‑thirds majority vote in both the House and the Senate.
    • The governor also holds a line‑item veto to strike individual budget items, enabling the elimination of specific agencies or programs.
    • Overrides are rare; notable overrides occurred historically but have been uncommon in recent decades (overrides require a two‑thirds margin in both chambers).
    • Postadjournment veto: the governor can veto pending legislation within 20 days after session adjournment to avoid legislative response.
  • Special Sessions Power
    • The governor may call any number of special sessions; each is limited to 30 days.
    • During a special session, the legislature may consider only matters specified in the governor’s call (plus appointments confirmations and impeachment).
    • Threats to call special sessions act as a bargaining tool (e.g., Perry’s 12 special sessions; Abbott’s use of a July 2017 session tied to SB 6).
    • In 2019–2021 the governor faced calls to convene sessions for gun violence, COVID‑19 recovery, and redistricting, but he controlled whether and when to call new sessions.

LO 9.3 Judicial Powers of the Governor

  • The governor holds a limited but formal set of judicial powers:
    • Fill vacancies on state courts (not county or city courts) when vacancies occur due to creation of a new court or a judge’s death, resignation, or removal.
    • Play a limited but outdated role in removing judges and justices.
    • Grant clemency: pardons, parole, reprieve, and commutation in conjunction with the Board of Pardons and Paroles.
  • Appointment and Removal of Judges and Justices
    • Most state judges and justices first attain office by gubernatorial appointment to fill vacancies; vacancies arise from new courts or vacancies due to resignation, etc.
    • Article XV, Section 8 allows removal on “address of two‑thirds of each house of the Legislature” for willful neglect of duty, incompetence, habitual drunkenness, oppression in office, or other just cause (not necessarily grounds for impeachment).
    • Governors historically seldom use removal; most disciplinary actions are handled through other processes or by voters.
  • Acts of Executive Clemency
    • The Board of Pardons and Paroles (a body within the Texas Department of Criminal Justice) handles most parole decisions; the governor may grant clemency (pardon/conditional pardon) only on recommendation of the Board.
    • Full pardon: releases a convicted person from all consequences and restores rights; can be granted posthumously; conditional pardon may withhold certain rights.
    • Reprieve: temporary delay of a sentence’s execution; the governor may grant a 30‑day reprieve in death penalty cases independently, or longer reprieves on the Board’s recommendation.
    • Commutation: sentence reduction on the Board’s recommendation; example: Gov. Perry’s 2005 commutations for death row inmates under 18 at time of crime (in light of Roper v. Simmons).
  • Notable practice and limits
    • Pardons are rare; recent governors have issued several pardons annually; the Board’s recommendations and governor’s action are critical to clemency policy.
    • The governor cannot independently overrule all judicial actions; federal and state court processes and constitutional provisions restrict direct intervention.

LO 9.4 Informal Powers of the Governor

  • Informal powers are not grounded in law but derive from popularity, tradition, symbols, ceremonies, media, and personal leadership.
  • Head of state role: governors appear at public events, speeches, and ceremonies to symbolize unity and strength of the state, even when formal authority is limited.
  • Persuasion and arm‑twisting: governors must often rely on persuasion or political pressure to influence policy, sometimes publicly (e.g., naming legislators who do not support a policy) and sometimes privately.
  • Examples of informal power in action:
    • Governor Perry’s indictment in 2014 for abuse of official capacity and related charges; the political use of executive power and investigations illustrate limits of informal coercion.
    • Governors use social media effectively to communicate with the public and to shape their image and legislative leverage: Perry and Abbott leveraged social platforms to broadcast victories, messaging, and policy positions.
    • Perry’s heavy social media presence (Facebook, Google, Twitter) and the expansion of media use to reach audiences; Abbott maintained large follower counts and used video and other platforms to engage Texans directly.
    • Family involvement and public appearances: spouses (First Ladies) can influence policy shadows and public support; examples include Laura Bush, Anita Perry, Cecilia Abbott, and their programs (Texanthropy, Network of Nurture, First Lady Blog).
  • The governor’s informal power is enhanced by public appearances (e.g., addressing major events such as football games, memorials) and by coordination with private sector and civil society.
  • Legal/ethical limitations: informal power is constrained by legal processes and potential political consequences; example includes Perry’s 2014 indictment and the 2016 court rulings that limited coercive power behavior.
  • Social media as a tool: governors use direct communication with the public to mobilize support, frame policy debates, and shape public opinion without reliance on traditional media channels.

LO 9.5 Resources, Succession, and Removal Procedures for the Governor

  • Compensation and benefits
    • The biennial budget for 2020–2021 set the governor’s annual salary at 153750.
    • In 2011, Perry drew retirement benefits from the state beyond salary; in 2015, the practice of “double‑dipping” was curtailed by House Bill 408 (except for district attorneys).
    • State funds pay for the governor’s official travel and security; travel for campaigning and nonofficial activities is not covered by state funds; at times, DPS security costs raised concerns about using campaign funds for security expenses.
    • Travel and security costs under Abbott reached over 2{,}000{,}000 by May 2020.
    • The Governor’s Mansion provides staff housing and offices; tours are allowed on a limited basis (tours suspended during COVID‑19).
    • Taxpayers bear legal expenses for official duties; Perry’s pre‑indictment legal defense costs exceeded 132{,}000; post‑indictment, campaign funds were used for defense in some cases.
    • Governors may own property and invest; many have used blind trusts (Bush and Perry did; Abbott did not).
  • Succession
    • If the governor dies, resigns, is removed, or cannot take office, the lieutenant governor inherits the governor’s powers until the governor resumes duties or is removed; then the lieutenant governor becomes acting governor when the governor is absent from the state.
    • If both the governor and lieutenant governor are unavailable, the president pro tempore of the Senate acts as governor; if he is absent, the Speaker of the House acts as governor.
    • The designated order of succession after lieutenant governor is the president pro tempore, then the Speaker of the House, attorney general, and the chief justices of the 14 Courts of Appeals in ascending order.
    • The acting governor receives daily pay equal to the governor’s daily pay for each day served; e.g., David Dewhurst served as acting governor for more than 50 days during Perry’s term, accruing pay.
    • The governor’s absence on foreign trips and other duties is compensated at the same daily rate as if the governor were in Texas.
  • Relative compensation and staff size (for comparison with other large states)
    • Texas governor salary about 153{,}750; Texas governor’s office staff around 277 people (compared with California with ~88 staff and a higher salary, etc.).
    • The comparisons illustrate Texas’s relatively small formal executive powers but a growing informal influence through budgetary leverage, campaign finance, and staff capacity.

LO 9.6 Gubernatorial Elections and the Impact of Campaign Funds

  • Constitutional prerequisites for gubernatorial candidates include:
    • Minimum age 30, U.S. citizenship, and five years Texas residency immediately preceding the election; all officeholders must acknowledge the existence of a Supreme Being per the Texas Bill of Rights.
  • Historical party dynamics
    • Post‑Reconstruction, Democrats dominated; since the late 20th century Republicans have dominated statewide races (e.g., Clements, Bush, Perry, Abbott).
    • Texas does not have term limits for governors.
  • Money matters in elections
    • Campaign funds enable advertising, consultants, travel, and rallies; donors often gain appointments to boards and commissions as a form of political influence.
    • Past cases show donors receiving appointments to key boards and commissions after contributing significantly to campaigns; e.g., the 2020 Strike Force to Open Texas included several donors contributing large sums to the governor’s campaigns.
    • Abbott’s fundraising: by 2017, a war chest of 34.4{,}000{,}000; by election day, totals exceeded 75{,}000{,}000; opponents raised far less (e.g., Valdez about 1.7{,}000{,}000).
  • Campaign money as a signaling tool for legislative support
    • Fundraising can be used to influence lawmakers and sympathetic candidates to advance the governor’s policy agenda.
    • In 2018, Abbott spent money targeting GOP lawmakers considered not fully aligned with his agenda and to support allies; he also used funds to build influence within the party.
  • Money and gubernatorial responsiveness
    • Campaign fundraising is a signal of political influence and can translate into appointment power and policy leverage post‑election.
  • Overall takeaway
    • Campaign finance plays a significant role in Texas gubernatorial politics, shaping both electoral outcomes and governance by rewarding donors with appointments and policy influence when in office.

LO 9.7 Powers of Elected Department Heads and the Secretary of State

  • The plural executive comprises the governor, lieutenant governor, and seven other executive officials (some elected, some appointed) as established in Article IV and subsequent statutes.
  • Elected department heads (four) and their roles
    • Attorney General: chief legal officer; represents the state in civil litigation; issues advisory opinions; determines jurisdiction and interpretation for state/local officials; appointive/confirmable position.
    • Comptroller of Public Accounts: chief accounting officer and tax collector; certifies revenue for appropriations; oversees a large compliance and accounting staff; maintains transparency via the Comptroller.Texas.Gov portal.
    • Commissioner of the General Land Office (GLO): oversees state lands and mineral rights; manages oil, gas, wind leases; chairs the Veterans Land Board; serves as ex officio member on related boards; maintains a vast land/historic document archive.
    • Commissioner of Agriculture: oversees roughly 700 department employees; enforces agricultural laws; licenses pesticides and professionals; inspects weights/measures, farm-related services; controversial actions or policy shifts can accompany political scrutiny.
  • The Secretary of State
    • Appointed by the governor; must be confirmed by a two‑thirds Senate vote; term runs concurrently with the governor but the office can be terminated by the governor at any time.
    • Responsibilities include: administering election laws with county officials; tabulating state/district election returns; granting charters to corporations; issuing permits for businesses; processing extraditions of criminals.
    • The Secretary of State has broad influence on elections and corporate activity, and the occupant’s relationships with the governor strongly influence how the office functions (e.g., David Whitley, Ruth Hughs cases).
  • The roles of elected department heads and the Secretary of State reflect the state’s plural executive structure, limiting gubernatorial control and necessitating cross‑branch coordination.

LO 9.8 The Role of the Bureaucracy in Governing Texas

  • The bureaucracy consists of boards, commissions, and departments that implement state laws and programs; it also regulates occupations, industries, and services.
  • Fragmentation and fragmentation consequences
    • Texas has a large number of largely independent agencies and a fragmented executive structure; this can hinder coordination and accountability but reduces centralized power.
    • The governor’s influence is limited; however, the ability to appoint executive leaders and commissioners remains a key lever.
  • Sunset Review Process
    • Sunset Advisory Commission evaluates state agencies on a 12‑year cycle (every 12 years each agency is studied for necessity and efficiency); the legislature makes final decisions on whether to abolish, merge, reorganize, or retain agencies.
    • The Sunset Commission has a staff of about 30 and a 10‑member legislative board with 2 public members.
    • Since 1977, the Sunset process has performed 551 agency reviews (as of 2019), with about 83% retained, 7% abolished, and 9% reorganized.
    • In 2019, SB 68 directed strategic fiscal review and zero‑based budgeting for all agencies on a sunset schedule; for 2020–2021, 37 entities were scheduled for review under these new rules.
  • Public employees and compensation
    • Texas employs a large workforce; in 2020, about 333,072 residents worked in state government (including 187,024 in higher education).
    • Texas ranks low in state employees per capita relative to population, especially when local government employees are included.
    • The state historically moved away from a full merit system (abolished in 1985) toward a centralized compensation/classification framework; most agencies still hire/furlough at‑will employees under state law, with a mix of patronage and merit considerations depending on agency.
    • Turnover has varied; 2019 turnover reached around 20.3%, with higher turnover in criminal justice, social services, custodial work, and juvenile corrections.
  • Education governance and accountability
    • State Board of Education (SBOE): 15 elected members with broad authority to approve curriculum, textbooks, and investment management for the Permanent School Fund (PSF). The SBOE’s power is limited by the TEA’s Commissioner, who runs the Texas Education Agency (TEA).
    • TEA: headed by the Commissioner of Education (appointed by the governor; four‑year term; ~1,000 employees); oversees public schools and charter schools, statewide testing, ratings, accreditation, and enforcement; HB 22 (2017) introduced a three‑category performance framework (student achievement, school progress, closing the gaps) and introduced A–F ratings for districts/campuses beginning in 2018.
    • The Board of Regents and THECB (Texas Higher Education Coordinating Board) coordinate higher education; THECB is not a superboard of regents but provides statewide coordination; THECB board members receive no pay; student representative serves as a nonvoting member; THECB leadership includes a Commissioner of Higher Education (appointed by the governor) who runs day‑to‑day operations.
    • The Commissioner of Higher Education and THECB influence policy and funding for public community colleges and universities; example: Harrison Keller appointed as Commissioner of Higher Education in 2019; THECB chairs are designated by the governor.
  • Higher education governance and conflicts
    • Boards of Regents for public universities oversee system governance and appoint presidents; boards may appoint chancellors for systems; day‑to‑day operations run by presidents and other senior officials.
    • Disputes with SBOE and TEA have occurred (e.g., 2018–2019 transfer of funds to the Available School Fund and the School Land Board’s investment decisions), reflecting tensions in funding strategies for K‑12 and higher education.
  • Public safety and regulatory agencies
    • HHSC (Health and Human Services Commission) coordinates social service policy; the executive commissioner (appointed by the governor; two‑year term; Senate confirmation) oversees HHSC policies, with a nine‑member council to help set rules.
    • TWC (Texas Workforce Commission) oversees unemployment benefits and workforce services; three commissioners (employer, labor, and public) with overlapping six‑year terms; governor appoints with Senate approval.
    • PUC (Public Utility Commission) regulates electric/telecommunications sectors; its five members are appointed by the governor with Senate approval; ERCOT oversight is also tied to PUC governance.
    • RRC (Railroad Commission of Texas) remains a three‑member elected body (six‑year terms); focuses on oil, gas regulation, and resource management; its historical role in regulation continues to shape Texas’s energy policy.
  • Conclusion
    • Texas’s constitutionally weak governor has grown stronger through political leadership, informal influence, and strategic use of the budget and the plural executive, while the bureaucracy remains fragmented to prevent centralized power.
    • The executive branch’s influence comes from a combination of formal powers, informal powers, organizational structure, and the regulatory state’s day‑to‑day functioning across hundreds of agencies and boards.

Key Terms (selected)

  • appointive power,
  • attorney general,
  • budgetary power,
  • bureaucracy,
  • chief executive,
  • commissioner of agriculture,
  • commissioner of education,
  • commissioner of insurance,
  • commissioner of the General Land Office,
  • commutation of sentence,
  • comptroller of public accounts,
  • conditional pardon,
  • contingency rider,
  • executive commissioner of the Health and Human Services Commission,
  • executive order,
  • full pardon,
  • governor’s office,
  • head of state,
  • legislative power,
  • lieutenant governor,
  • line‑item veto,
  • martial law,
  • merit system,
  • message power,
  • parole,
  • patronage system,
  • plural executive,
  • pork‑barrel politics,
  • postadjournment veto,
  • proclamation,
  • public administration,
  • Public Utility Commission of Texas (PUC),
  • Railroad Commission of Texas (RRC),
  • recess appointment,
  • removal power,
  • reprieve,
  • secretary of state,
  • State Board of Education (SBOE),
  • sunset review process,
  • Texas Commission on Environmental Quality (TCEQ),
  • Texas Department of Transportation (TxDOT),
  • Texas Education Agency (TEA),
  • Texas Higher Education Coordinating Board (THECB),
  • Texas Parks and Wildlife Department,
  • Texas Workforce Commission (TWC)

Learning Check Answers (summary)

  • 9.1
    • 1. False. Most gubernatorial appointments must be approved by a two‑thirds vote of the Senate.
    • 2. The governor’s budgetary power: the line‑item veto and veto of entire appropriations.
  • 9.2
    • 1. True. During a session, the governor’s veto can be overridden by a two‑thirds majority in both houses.
    • 2. The governor can call a special session.
  • 9.3
    • 1. True. A vacancy on a Texas district court or higher appellate court is filled by gubernatorial appointment.
    • 2. The governor can independently grant one 30‑day reprieve in a death sentence case.
  • 9.4
    • 1. False. The governor’s informal powers are not based on law.
    • 2. True. Public involvement of family members may be a source of support for the governor.
  • 9.5
    • 1. False. The governor’s staff size has grown, though it has shrunk in comparison to peak levels in some eras.
    • 2. The impeachment/removal procedure: impeachment by the House and conviction by the Senate.
  • 9.6
    • 1. True. Constitutional prerequisites exist; term limits are not imposed on Texas governors.
    • 2. True. Major donors to gubernatorial campaigns are frequently appointed to government posts.
  • 9.7
    • 1. False. Heads of state agencies may request opinions from the attorney general concerning the scope of their jurisdiction.
    • 2. The secretary of state grants charters to Texas corporations.
  • 9.8
    • 1. True. The Sunset Advisory Commission can recommend abolition, but the legislature ultimately decides.
    • 2. The commissioner of education has more authority over public and charter schools than the SBOE, because the commissioner heads the TEA and oversees key education functions.